Oklahoma § 57-549 - Powers and duties of State Board of Corrections

§ 57-549. Powers and duties of State Board of Corrections

A. The State Board of Corrections shall have the following

powers and duties with respect to the operation of prison

industries, the Construction Division of the Department of

Corrections, and administration of inmate trust funds:

1. The power to make leases or other contracts consistent with

the operation of prison industries, and to set aside land or

facilities for the use of such industry;

2. The power to establish conditions for expenditures by the

Department of Corrections from the Industries Revolving Fund;

3. The power to negotiate wages and working conditions on

behalf of prisoners working in prison industries or prisoners

working in the Construction Division. Pay grades for the

Construction Division “on-the-job training” inmate crews shall be as

follows:

a.

Pay Grade “A” - Inmate Worker,

b.

Pay Grade “B” - Inmate Worker,

c.

Pay Grade “C” - Apprentice, and

d.

Pay Grade “D” - Skilled Craft;

4. The power to collect wages and other receipted funds on

behalf of the inmate, to apportion inmate wages and funds in

accordance with the law; and the duty to preserve those wages and

funds reserved for the inmate in an account for his or her benefit,

and to establish procedures by which the inmate can draw funds from

this account under the conditions and limitations and for the

purposes allowed by law;

5. The duty to establish the percentages of such wages which

shall be available for apportionment to inmate mandatory savings; to

the inmate for his or her personal use; to the lawful dependents of

the inmate, if any; to the victim of the inmate’s crime; for payment

of creditors; for payment of costs and expenses for criminal actions

against such inmate; and to the Department of Corrections for costs

of incarceration. Provided, that not less than twenty percent (20%)

Oklahoma Statutes - Title 57. Prisons and Reformatories

of such wages shall be placed in an account, and shall be payable to

the prisoner upon his or her discharge; however, inmates with a

sentence of life or life without the possibility of parole shall be

exempt from this provision. Funds from this account may be used by

the inmate for fees or costs in filing a civil or criminal action as

defined in Section 151 et seq. of Title 28 of the Oklahoma Statutes

or for federal action pursuant to Section 1911 et seq. of Title 28

of the United States Code, 28 U.S.C., Section 1911 et seq.;

6. The power to invest funds held by the Department of

Corrections on behalf of each inmate in an interest-bearing account

with the interest accruing and payable to the Crime Victims

Compensation Revolving Fund, as provided in Section 142.17 of Title

21 of the Oklahoma Statutes. The interest from each inmate’s

savings account shall be payable to the Crime Victims Compensation

Revolving Fund, at such intervals as may be determined by the Board,

in addition to any other payments to such fund required by the

inmate’s sentence or otherwise by law. An inmate shall not have the

right, use, or control of any interest derived from any funds placed

in a mandatory savings account;

7. The power to invest funds held by the Department of

Corrections on behalf of each inmate in a commingled offender

interest-bearing account held by the Office of the State Treasurer.

The State Treasurer shall post interest to this account monthly.

The Department of Corrections, at such intervals as may be

determined by the Board, will credit interest to the inmate based on

the pro rata account balance of the inmate. Deposits into the

inmate interest-bearing account will only be allowed when the trust

fund draw account of the inmate has a balance in excess of One

Hundred Dollars ($100.00). Inmate mandatory savings account

balances will not be used to determine the eligibility of the inmate

to participate in the interest-bearing savings account. Inmates who

participate in the interest-bearing account will only be allowed to

transfer funds from their interest-bearing account to their draw

account once every ninety (90) days. All inmate transfers from the

interest-bearing account of the inmate to the draw account of the

inmate must be approved by appropriate Department staff prior to

transfer. All transfers of funds from an inmate interest-bearing

account to external recipients must be reviewed and approved by

appropriate Department staff prior to transfer. The Department will

define in policy those rules and procedures that govern inmate

interest-bearing account deposits and funds transfers; and

8. The power to invest canteen system, offender restitution,

and other offender-related collections by the Department of

Corrections in a commingled interest-bearing account held by the

Office of the State Treasurer and invested as prescribed by Section

89.2 of Title 62 of the Oklahoma Statutes. The State Treasurer

shall post interest to this account monthly. By the fifteenth day

Oklahoma Statutes - Title 57. Prisons and Reformatories

of each month, the proportionate share of the interest from the

canteen system, offender restitution, and other offender-related

collections, excluding that portion of the interest payable to the

Crime Victims Compensation Revolving Fund and any interest payable

to inmates for the inmate interest-bearing account, shall be

remitted to the State Treasurer from the Department of Corrections

for deposit into the General Revenue Fund.

B. The State Board of Corrections shall cause to be placed in

an account income from the inmate’s employment and any other income

or benefits accruing to or payable to and for the benefit of the

inmate, including any workers’ compensation or Social Security

benefits.

1. From this account the State Board of Corrections may charge

for costs of incarceration any inmate working in private prison

industries or any other inmate for costs of incarceration not to

exceed fifty percent (50%) of any deposits made to such account,

unless such deposits were from a workers’ compensation benefit.

2. From this account, the State Board of Corrections may charge

any inmate for costs of incarceration, an amount equivalent to one

hundred percent (100%) of any deposits from a workers’ compensation

benefit to such account.

3. The Department of Corrections shall pay into the Crime

Victims Compensation Revolving Fund, as provided in Section 142.17

of Title 21 of the Oklahoma Statutes, an amount equal to five

percent (5%) of the gross wages earned by inmates working in a

private prison industries program, the amount to be paid from the

amount deducted for cost of incarceration.

4. Withdrawals and deposits shall be made according to rules

and regulations established by the State Board of Corrections.

C. The Department of Corrections may assess costs of

incarceration against all inmates. Such costs shall be a debt of

the inmate owed to the Department of Corrections and may be

collected as provided by law for collection of any other civil debt.

In addition to the provisions of this section authorizing

expenditure of inmate trust funds for costs of incarceration, any

monies received for costs of incarceration shall be deposited in the

Department of Corrections Revolving Fund.

Added by Laws 1977, c. 258, § 5, eff. Oct. 1, 1977. Amended by Laws

1981, c. 100, § 1, emerg. eff. April 22, 1981; Laws 1985, c. 57, §

2, eff. Nov. 1, 1985; Laws 1990, c. 180, § 1, eff. Sept. 1, 1990;

Laws 1991, c. 95, § 1, eff. Sept. 1, 1991; Laws 1992, c. 319, § 5,

eff. Sept. 1, 1992; Laws 1993, c. 29, § 2, emerg. eff. April 2,

1993; Laws 1995, c. 266, § 4, emerg. eff. May 25, 1995; Laws 1996,

c. 166, § 2, eff. July 1, 1996; Laws 2004, c. 168, § 9, emerg. eff.

April 27, 2004; Laws 2005, c. 159, § 3, emerg. eff. May 10, 2005;

Laws 2006, c. 294, § 8, eff. July 1, 2006; Laws 2008, c. 171, § 5,

Oklahoma Statutes - Title 57. Prisons and Reformatories

eff. Nov. 1, 2008; Laws 2014, c. 265, § 1, eff. Nov. 1, 2014; Laws

2025, c. 195, § 1, eff. Nov. 1, 2025.

NOTE: Laws 2004, c. 168, § 18, providing for an effective date of

Nov. 1, 2004, for c. 168, § 9, which amended this section, was

repealed by Laws 2004, c. 382, § 4, emerg. eff. June 3, 2004.