Oklahoma § 57-563.1 - Location of private prison facilities - Restrictions

§ 57-563.1. Location of private prison facilities - Restrictions

A. The location of any prison facility which is not operated by

the Department of Corrections, a county, or a city:

1. Shall be subject to the nondiscriminatory zoning ordinances

of the town or city in which located; and

2. Is specifically prohibited within one (1) mile of any public

or private elementary or secondary school. The provision of this

paragraph shall not apply to:

a.

any private medium secure juvenile facility which was

established and housed juveniles prior to July 1,

1999,

b.

any prison facility which was used as a prison

facility prior to the establishment of a public or

private elementary or secondary school within the onemile radius of the prison facility as long as the

prison facility remains in continuous use as a prison,

c.

any prison or juvenile facility established within the

prohibited distance from a private elementary or

secondary school prior to May 20, 1994, or within the

prohibited distance from a public elementary or

secondary school prior to July 1, 1987,

d.

any other juvenile facilities, or

e.

a correctional facility not operated by the Department

of Corrections that is 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

Oklahoma Statutes - Title 57. Prisons and Reformatories

(2)

the equivalent governing body of each affected

private school.

B. The distance indicated in this section shall be measured

from the nearest property line of the school to the nearest property

line of the prison facility.

C. 1. Prior to the establishment of any prison facility which

is not operated by the Department of Corrections, a private prison

contractor shall obtain written authorization to establish the

facility from the governing body of any municipality in which the

facility is to be located, or if the facility is not to be located

within the incorporated limits of a municipality, from the board of

county commissioners of the county in which the facility is to be

located.

2. The authorization shall be submitted to the Board of

Corrections before any contract between the Department of

Corrections and the private prison contractor is awarded.

D. The term “prison or prison facility” means any facility

operated by a private prison contractor as such term is defined in

Section 502 of this title.

Added by Laws 1987, c. 80, § 5, operative July 1, 1987. Amended by

Laws 1994, c. 213, § 2, emerg. eff. May 20, 1994; Laws 1998, c. 290,

§ 5, eff. July 1, 1998; Laws 1999, c. 394, § 1, eff. Nov. 1, 1999;

Laws 2000, c. 244, § 1, eff. July 1, 2000; Laws 2003, c. 345,§ 1,

emerg. eff. May 29, 2003.