Oklahoma § 22-979 - Execution of judgment by sheriff in certain cases Delivery to proper officer in other cases

§ 22-979. Execution of judgment by sheriff in certain cases Delivery to proper officer in other cases

When the judgment is imprisonment in a county jail, or a fine,

and that the defendant be imprisoned until it be paid, the judgment

must be executed by the sheriff of the county or subdivision. In

all other cases when the sentence is imprisonment, the sheriff of

the county must deliver the defendant to the proper officer, in

execution of the judgment.

R.L.1910, § 5964.

§22-979a. Payment of jail costs by inmate.

A. The court shall require a person who is actually received

into custody at a jail facility or who is confined in a city or

county jail or holding facility, for any offense, to pay the jail

facility or holding facility the costs of incarceration, both before

and after conviction, upon conviction or receiving a deferred

sentence. The costs of incarceration shall be collected by the

clerk of the court as provided for collection of other costs and

fines, which shall be subject to review under the procedures set

forth in Section VIII of the Rules of the Oklahoma Court of Criminal

Appeals, Chapter 18, Appendix of this title. Costs of incarceration

shall include booking, receiving and processing out, housing, food,

clothing, medical care, dental care, and psychiatric services. The

costs for incarceration shall be an amount equal to the actual cost

of the services and shall be determined by the chief of police for

Oklahoma Statutes - Title 22. Criminal Procedure

city jails and holding facilities, by the county sheriff for county

jails or by contract amount, if applicable. In the event a person

requires emergency medical treatment for an injury or condition that

threatens life or threatens the loss or use of a limb prior to being

actually received into the custody of any jail facility, the

provisions of Section 533 of Title 21 of the Oklahoma Statutes shall

apply to taking custody, medical care and cost responsibility. The

cost of incarceration shall be paid by the court clerk, when

collected, to the municipality, holding facility, county or other

public entity responsible for the operation of such facility where

the person was held at any time. Except for medical costs, ten

percent (10%) of any amount collected by the court clerk shall be

paid to the municipal attorney’s or district attorney’s office, and

the remaining amount shall be paid to the municipality, the

sheriff’s service fee account or, if the sheriff does not operate

the jail facility, the remaining amount shall be deposited with the

public entity responsible for the operation of the jail facility

where the person was held at any time. The court shall order the

defendant to reimburse all actual costs of incarceration, upon

conviction or upon entry of a deferred judgment and sentence unless

the defendant is a mentally ill person as defined by Section 1-103

of Title 43A of the Oklahoma Statutes. The sheriff shall give

notice to the defendant of the actual costs owed before any courtordered costs are collected. The defendant shall have an

opportunity to object to the amount of costs solely on the grounds

that the number of days served is incorrect. If no objection is

made, the costs may be collected in the amount stated in the notice

to the defendant. The sheriff, municipality or other public entity

responsible for the operation of the jail may collect costs of

incarceration ordered by the court from the jail account of the

inmate. If the funds collected from the jail account of the inmate

are insufficient to satisfy the actual incarceration costs ordered

by the court, the sheriff, municipality or other public entity

responsible for the operation of the jail is authorized to collect

the remaining balance of the incarceration costs by civil action.

When the sheriff, municipality or other public entity responsible

for the operation of the jail collects any court-ordered

incarceration costs from the jail account of the inmate or by

criminal or civil action, the court clerk shall be notified of the

amount collected.

B. Except as may otherwise be provided in Section 533 of Title

21 of the Oklahoma Statutes, any offender receiving routine or

emergency medical services or medications or injured during the

commission of a felony or misdemeanor offense and administered any

medical care shall be required to reimburse the sheriff,

municipality or other public entity responsible for the operation of

the jail, the full amount paid by the sheriff, municipality or other

Oklahoma Statutes - Title 22. Criminal Procedure

public entity responsible for the operation of the jail for any

medical care or treatment administered to such offender during any

period of incarceration or when the person was actually received

into custody for any reason in that jail facility. The sheriff,

municipality or other public entity responsible for the operation of

the jail may deduct the costs of medical care and treatment as

authorized by Section 531 of Title 19 of the Oklahoma Statutes. If

the funds collected from the jail account of the inmate are

insufficient to satisfy the actual medical costs paid, the sheriff,

municipality or other public entity responsible for the operation of

the jail shall be authorized to collect the remaining balance of the

medical care and treatment by civil actions.

C. Costs of incarceration shall be a debt of the inmate owed to

the municipality, county, or other public entity responsible for the

operation of the jail and may be collected as provided by law for

collection of any other civil debt or criminal penalty.

D. The court shall not waive the costs of incarceration in

their entirety. However, if the court determines that a reduction

in the fine, costs, and costs of incarceration is warranted, the

court shall equally apply the same percentage reduction to the fine,

costs, and costs of incarceration owed by the defendant.

Added by Laws 1990, c. 130, § 1, eff. Sept. 1, 1990. Amended by

Laws 1990, c. 311, § 1, eff. Sept. 1, 1990; Laws 1996, c. 153, § 1,

emerg. eff. May 7, 1996; Laws 1998, c. 290, § 3, eff. July 1, 1998;

Laws 1999, c. 1, § 8, emerg. eff. Feb. 24, 1999; Laws 1999, c. 205,

§ 1, emerg. eff. May 25, 1999; Laws 2001, c. 258, § 7, eff. July 1,

2001; Laws 2003, c. 319, § 2; Laws 2004, c. 455, § 1; Laws 2005, c.

1, § 16, emerg. eff. March 15, 2005; Laws 2005, c. 470, § 2, emerg.

eff. June 9, 2005; Laws 2008, c. 366, § 2, emerg. eff. June 3, 2008.

NOTE: Laws 1998, c. 209, § 1 repealed by Laws 1999, c. 1, § 45,

emerg. eff. Feb. 24, 1999. Laws 2004, c. 275, § 11 repealed by Laws

2005, c. 1, § 17, emerg. eff. March 15, 2005. Laws 2005, c. 111, §

2 repealed by Laws 2005, c. 470, § 3, emerg. eff. June 9, 2005.