Oklahoma § 57-37 - See the following versions:

§ 57-37. See the following versions:

OS 57-37v1 (SB 595, Laws 2025, c. 11, § 11)

Oklahoma Statutes - Title 57. Prisons and Reformatories

OS 57-37v2 (HB 2105, Laws 2025, c. 187, § 9)

§57-37v1. Facilities reaching maximum capacity.

A. If all correctional facilities reach maximum capacity and

the Department of Corrections is required to contract for bed space

to house state inmates:

1. The Pardon and Parole Board shall consider all nonviolent

offenders for parole who are within six (6) months of their

scheduled release from a penal facility; and

2. Prior to contracting with a private prison operator to

provide housing for state inmates, the Department shall send

notification to all county jails in this state that bed space is

required to house the overflow population of state inmates. Upon

receiving notification, the sheriff or jail trust administrator of a

county jail is authorized to enter into agreements with the

Department to provide housing for the inmates. Reimbursement for

the cost of housing the inmates shall be a negotiated per diem rate

for each inmate as contracted but shall in no event be less than the

per diem rate provided for in Section 38 of this title.

B. No inmate may be received by a penal facility from a county

jail without first scheduling a transfer with the Department.

Within five (5) business days after the court orders the judgment

and sentence, the court clerk shall transmit to the Department by

facsimile, electronic mail, or actual delivery a certified copy of

the judgment and sentence.

C. The receipt of the certified copy of the judgment and

sentence shall be certification that the sentencing court has

entered a judgment and sentence and all other necessary commitment

documents. The Department of Corrections is authorized to determine

the appropriate method of delivery from each county based on

electronic or other capabilities, and establish a method for issuing

receipts certifying that the Department has received the judgment

and sentence document. The Department shall establish a dedicated

electronic address location for receipt of all electronically

submitted judgment and sentence documents. The electronic address

location shall provide written receipt verification of each received

judgment and sentence document. Once an appropriate judgment and

sentence document is received by the Department of Corrections, the

Department shall contact the sheriff or jail trust administrator

when bed space is available to schedule the transfer and reception

of the inmate into the Department.

D. If the Department receives a judgment and sentence document

from a county that includes inaccurate information from the

sentencing court, the Department shall notify the county within a

timely manner.

E. When a county jail has reached its capacity of inmates as

provided in the standards set forth in the Oklahoma Jail Standards

Oklahoma Statutes - Title 57. Prisons and Reformatories

Act, then the county sheriff or jail trust administrator shall

notify the Director of the Oklahoma Department of Corrections, or

the Director’s designated representative, by facsimile, electronic

mail, or actual delivery, that the county jail has reached or

exceeded its capacity to hold inmates. The notification shall

include copies of any judgment and sentences not previously

delivered as required by subsection B of this section. Within

seventy-two (72) hours following such notification, the county

sheriff or jail trust administrator shall transport the designated

excess inmate or inmates to a penal facility designated by the

Department. The sheriff or jail trust administrator shall notify

the Department of the transport of the inmate prior to the reception

of the inmate. The Department shall schedule the reception date and

receive the inmate within seventy-two (72) hours of notification

that the county jail is at capacity, unless other arrangements can

be made with the sheriff or jail trust administrator.

F. The Department shall be responsible for the cost of housing

the inmate in the county jail including costs of medical care

provided from the date the judgment and sentence was ordered by the

court until the date of transfer of the inmate from the county jail.

The Department shall implement a policy for determination of

scheduled dates on which an inmate or multiple inmates are to be

transferred from county jails. The policy shall allow for no less

than three alternative dates from which the sheriff or jail trust

administrator of a county jail may select and shall provide for

weather-related occurrences or other emergencies that may prevent or

delay transfers on the scheduled date. The policy shall be

available for review upon request by any sheriff or jail trust

administrator of a county jail. The cost of housing shall be the

per diem rate specified in Section 38 of this title. In the event

the inmate has one or more criminal charges pending in the same

Oklahoma jurisdiction and the county jail refuses to transfer the

inmate to the Department because of the pending charges, the

Department shall not be responsible for the housing costs of the

inmate while the inmate remains in the county jail with pending

charges. Once the inmate no longer has pending charges in the

jurisdiction, the Department shall be responsible for the housing

costs of the inmate for the period beginning on the date the

judgment and sentence or final order was ordered by the Court. In

the event the inmate has other criminal charges pending in another

Oklahoma jurisdiction, the Department shall be responsible for the

housing costs while the inmate remains in the county jail awaiting

transfer to another jurisdiction or until the date the inmate is

scheduled to be transferred to the Department, whichever is earlier.

Once the inmate is transferred to another jurisdiction, the

Department is not responsible for the housing cost of the inmate

Oklahoma Statutes - Title 57. Prisons and Reformatories

until such time that another judgment and sentence is received by

the Department from another Oklahoma jurisdiction.

The sheriff or jail trust administrator may submit invoices for

the cost of housing the inmate on a monthly basis. Final payment

for housing an offender will be made only after the official

judgment and sentence is received by the Department of Corrections.

Added by Laws 1981, S.J.R. No. 14, p. 1291, § 2, emerg. eff. April

13, 1981. Amended by Laws 2001, c. 204, § 1, eff. July 1, 2001;

Laws 2004, c. 239, § 3, eff. July 1, 2004; Laws 2008, c. 366, § 7,

eff. July 1, 2009; Laws 2015, c. 307, § 1, eff. Nov. 1, 2015; Laws

2017, c. 260, § 1, eff. Nov. 1, 2017; Laws 2019, c. 247, § 1; Laws

2021, c. 351, § 1, eff. Nov. 1, 2021; Laws 2025, c. 11, § 11, emerg.

eff. April 28, 2025.

§57-37v2. Facilities reaching maximum capacity.

A. If all correctional facilities reach maximum capacity and

the Department of Corrections is required to contract for bed space

to house state inmates:

1. The Pardon and Parole Board shall consider all nonviolent

offenders for parole who are within six (6) months of their

scheduled release from a penal facility; and

2. Prior to contracting with a private prison operator to

provide housing for state inmates, the Department shall send

notification to all county jails in this state that bed space is

required to house the overflow population of state inmates. Upon

receiving notification, the sheriff or jail trust administrator of a

county jail is authorized to enter into agreements with the

Department to provide housing for the inmates. Reimbursement for

the cost of housing the inmates shall be a negotiated per diem rate

for each inmate as contracted but shall in no event be less than the

per diem rate provided for in Section 38 of this title.

B. No inmate may be received by a penal facility from a county

jail without first scheduling a transfer with the Department.

Within five (5) business days after the court orders the judgment

and sentence, the court clerk shall transmit to the Department by

facsimile, electronic mail, or actual delivery a certified copy of

the judgment and sentence.

C. The receipt of the certified copy of the judgment and

sentence shall be certification that the sentencing court has

entered a judgment and sentence and all other necessary commitment

documents. The Department of Corrections is authorized to determine

the appropriate method of delivery from each county based on

electronic or other capabilities, and establish a method for issuing

receipts certifying that the Department has received the judgment

and sentence document. The Department shall establish a dedicated

electronic address location for receipt of all electronically

submitted judgment and sentence documents. The electronic address

Oklahoma Statutes - Title 57. Prisons and Reformatories

location shall provide written receipt verification of each received

judgment and sentence document. Once an appropriate judgment and

sentence document is received by the Department of Corrections, the

Department shall contact the sheriff or jail trust administrator

when bed space is available to schedule the transfer and reception

of the inmate into the Department.

D. If the Department receives a judgment and sentence document

from a county that includes inaccurate information from the

sentencing court the Department shall notify the county within a

timely manner. If the Department receives a judgment and sentence

document from a county that is missing the classification level of

the felony crime, the Department shall default to the lowest

possible classification level for that offense. If the Department

receives a judgment and sentence document from a county that is

missing the required amount of the minimum time to be served, the

Department shall default to the lowest possible amount of the

minimum time to be served for that offense.

E. When a county jail has reached its capacity of inmates as

provided in the standards set forth in Section 192 of Title 74 of

the Oklahoma Statutes, then the county sheriff or jail trust

administrator shall notify the Director of the Oklahoma Department

of Corrections, or the Director's designated representative, by

facsimile, electronic mail, or actual delivery, that the county jail

has reached or exceeded its capacity to hold inmates. The

notification shall include copies of any judgment and sentences not

previously delivered as required by subsection B of this section.

Then within seventy-two (72) hours following such notification, the

county sheriff or jail trust administrator shall transport the

designated excess inmate or inmates to a penal facility designated

by the Department. The sheriff or jail trust administrator shall

notify the Department of the transport of the inmate prior to the

reception of the inmate. The Department shall schedule the

reception date and receive the inmate within seventy-two (72) hours

of notification that the county jail is at capacity, unless other

arrangements can be made with the sheriff or jail trust

administrator.

F. The Department will be responsible for the cost of housing

the inmate in the county jail including costs of medical care

provided from the date the judgment and sentence was ordered by the

court until the date of transfer of the inmate from the county jail.

The Department shall implement a policy for determination of

scheduled dates on which an inmate or multiple inmates are to be

transferred from county jails. The policy shall allow for no less

than three alternative dates from which the sheriff or jail trust

administrator of a county jail may select and shall provide for

weather-related occurrences or other emergencies that may prevent or

delay transfers on the scheduled date. The policy shall be

Oklahoma Statutes - Title 57. Prisons and Reformatories

available for review upon request by any sheriff or jail trust

administrator of a county jail. The cost of housing shall be the

per diem rate specified in Section 38 of this title. In the event

the inmate has one or more criminal charges pending in the same

Oklahoma jurisdiction and the county jail refuses to transfer the

inmate to the Department because of the pending charges, the

Department shall not be responsible for the housing costs of the

inmate while the inmate remains in the county jail with pending

charges. Once the inmate no longer has pending charges in the

jurisdiction, the Department shall be responsible for the housing

costs of the inmate for the period beginning on the date the

judgment and sentence or final order was ordered by the Court. In

the event the inmate has other criminal charges pending in another

Oklahoma jurisdiction, the Department shall be responsible for the

housing costs while the inmate remains in the county jail awaiting

transfer to another jurisdiction or until the date the inmate is

scheduled to be transferred to the Department, whichever is earlier.

Once the inmate is transferred to another jurisdiction, the

Department is not responsible for the housing cost of the inmate

until such time that another judgment and sentence is received by

the Department from another Oklahoma jurisdiction.

The sheriff or jail trust administrator may submit invoices for

the cost of housing the inmate on a monthly basis. Final payment

for housing an offender will be made only after the official

judgment and sentence is received by the Department of Corrections.

Added by Laws 1981, S.J.R. No. 14, p. 1291, § 2, emerg. eff. April

13, 1981. Amended by Laws 2001, c. 204, § 1, eff. July 1, 2001;

Laws 2004, c. 239, § 3, eff. July 1, 2004; Laws 2008, c. 366, § 7,

eff. July 1, 2009; Laws 2015, c. 307, § 1, eff. Nov. 1, 2015; Laws

2017, c. 260, § 1, eff. Nov. 1, 2017; Laws 2019, c. 247, § 1; Laws

2021, c. 351, § 1, eff. Nov. 1, 2021; Laws 2025, c. 187, § 9, eff.

Jan. 1, 2026.