Oklahoma § 57-563 - Correctional facilities - Creation or construction Approval of Legislature - Inmate work centers - Location

§ 57-563. Correctional facilities - Creation or construction Approval of Legislature - Inmate work centers - Location

A. Except as otherwise authorized by Section 183 of Title 73 of

the Oklahoma Statutes, before any correctional facility other than

an inmate work center as authorized in subsection B of this section

or an inmate drug offender work camp, whether within the Department

of Corrections or within any other state agency, may be created or

any construction performed which may significantly increase, extend

or expand the present facility, such creation or construction shall

Oklahoma Statutes - Title 57. Prisons and Reformatories

be approved by the Legislature. Correctional facilities owned or

operated by private prison contractors shall not be deemed to be

within the Department of Corrections or other state agency.

B. The Department of Corrections is hereby authorized to

establish inmate work centers in locations where a need for labor to

conduct public work projects is determined. The Department shall

select the inmate work center locations based on objective

comparisons of interested communities in accordance with procedures

and criteria established by the Department of Corrections. The

procedures, selection criteria and decision case analysis shall be

made available to the public upon request.

C. No state, county or municipal correctional facility

including any inmate work center, inmate drug offender work camp,

inmate halfway house, inmate transitional living center and any

other place where state, county or municipal inmates are housed

shall be located within one thousand (1,000) feet of any public or

private elementary or secondary school nor within two thousand five

hundred (2,500) feet of any secure facility for juveniles. The

provisions of this subsection shall not apply to any inmate work

center, inmate drug offender work camp, inmate halfway house, inmate

transitional living center and any other place where state, county

or municipal inmates are housed established prior to May 20, 1994.

Provided, that the provisions of this subsection shall not apply to

state, county, or municipal correctional facilities that are granted

permission to operate within the areas restricted by this subsection

by a majority vote of the following entities:

1. The district board of education of each school district with

an affected school; and

2. The governing body of each affected private school.

D. In addition to the restrictions outlined in subsection C of

this section, following the effective date of this act, no privately

owned inmate halfway house or inmate transitional living center

shall be located in a residential neighborhood inside the corporate

limits of a municipality, or a county with planning and/or zoning

commissions created pursuant to law, without approval from the local

entity with authority over zoning requirements.

E. In any county with a population of two hundred fifty

thousand (250,000) or more, as determined by the latest Federal

Decennial Census, the Department of Corrections shall not cause,

permit or require any inmate in the custody of the Department or

cause, permit or require any offender under the supervision of the

Department to enter, remain or be present in any Department of

Corrections facility located within one thousand (1,000) feet of a

private or public elementary or secondary school, or on the grounds

of such a facility, for any activities involving or relating to

processing, training, instructing, interviewing, counseling,

reporting, conferring, imposing discipline, reviewing or

Oklahoma Statutes - Title 57. Prisons and Reformatories

adjudicating or any correctional function requiring or permitting

the presence of the offender, except offenders may be employed in

construction, maintenance or janitorial activities in or on the

structures or grounds while under supervision of a correctional

employee. The provisions of this subsection shall not apply to any

facility established or acquired by the Department of Corrections

prior to May 20, 1994.

Added by Laws 1981, c. 303, § 16, eff. July 1, 1981. Amended by

Laws 1987, c. 80, § 4, operative July 1, 1987; Laws 1989, c. 303, §

15, operative July 1, 1989; Laws 1990, c. 258, § 19, operative July

1, 1990; Laws 1992, c. 293, § 3, emerg. eff. May 25, 1992; Laws

1993, c. 203, § 1, eff. Sept. 1, 1993; Laws 1994, c. 213, § 1,

emerg. eff. May 20, 1994; Laws 1996, c. 248, § 1, emerg. eff. May

28, 1996; Laws 1997, c. 133, § 81, eff. July 1, 1997; Laws 1998, c.

290, § 4, eff. July 1, 1998; Laws 2002, c. 43, § 2, eff. Nov. 1,

2002; Laws 2002, c. 465, § 2, eff. July 1, 2002; Laws 2014, c. 362,

§ 9, emerg. eff. May 28, 2014; Laws 2015, c. 140, § 1, emerg. eff.

April 21, 2015.