Oklahoma § 57-16 - Jails of state to receive federal prisoners

§ 57-16. Jails of state to receive federal prisoners

When a prisoner shall be delivered to a sheriff or keeper of any

jail by the authority of the United States, the sheriff or keeper

shall receive the prisoner, and commit him accordingly; and every

Oklahoma Statutes - Title 57. Prisons and Reformatories

sheriff or keeper of the jail refusing or neglecting to take

possession of a prisoner delivered to him by the authority

aforesaid, shall be subject to the same pains and penalties as for

neglect or refusal to commit any prisoner delivered to him under the

authority of the state. And any sheriff or keeper of any jail who

shall suffer to escape any prisoner committed to his custody by the

authority of the United States, shall be subject to the same pains

and penalties as for suffering to escape any prisoner committed to

his custody under the authority of the state, and the allowance for

the maintenance of any prisoner committed as aforesaid shall be no

greater than that made for prisoners committed under the authority

of the state.

Laws 1910-11, c. 19, p. 36, § 2.

§57-16a. Receiving and holding United States prisoners –

Immigration detainer requests.

A. All sheriffs, jailers, prison keepers, and their deputies,

within this state, to whom any persons shall be sent or committed,

by virtue of legal process, issued by or under the authority of the

United States, shall receive such persons into custody, and keep

them safely until discharged by due course of the laws of the United

States; and all such sheriffs, jailers, prison keepers and their

deputies, offending in the premises, shall be liable to the same

pains and penalties, and the parties aggrieved shall be entitled to

the same remedies against them, or any of them, as if such prisoners

had been committed to their custody by virtue of legal process

issued under the authority of this state.

B. All sheriffs, jailers, prison keepers and their deputies who

have custody of a person who is subject to an immigration detainer

request issued by the United States Immigration and Customs

Enforcement shall:

1. Comply with, honor and fulfill any request made in the

immigration detainer request provided by the United States

Immigration and Customs Enforcement; and

2. Inform the person identified in the immigration detainer

request that the person is being held pursuant to an immigration

detainer issued by the United States Immigration and Customs

Enforcement.

C. A sheriff, jailer, prison keeper or deputy shall not be

required to perform a duty imposed by subsection B of this section

with respect to a person who has provided proof that he or she is a

citizen of the United States. Such proof may include:

1. An Oklahoma driver license or identification card issued by

the Department of Public Safety on or after November 1, 2007; or

2. State- or federal government-issued identification.

D. All sheriffs, jailers, prison keepers, and their deputies,

within this state, shall allow reasonable access to their detention

Oklahoma Statutes - Title 57. Prisons and Reformatories

facilities to the United States Immigration and Customs Enforcement

for the purpose of identifying inmates.

E. As used in this section, "immigration detainer request"

means a federal government request to a local entity to maintain

temporary custody of an alien, including a United States Department

of Homeland Security Form I-247 document or a similar successor

form.

R.L. 1910, § 4619. Amended by Laws 2021, c. 255, § 1, eff. Nov. 1,

2021.