Oklahoma § 74-20 - Opinions of Attorney General - Publication and distribution

§ 74-20. Opinions of Attorney General - Publication and distribution

- Surplus publication - Attorney General's Revolving Fund.

A. The Attorney General shall publish all written opinions

which he or she promulgates in connection with the interpretation of

the laws of this state in an electronic format that is accessible to

the public at no cost. The Attorney General may print the written

opinions in bound volumes at his or her discretion.

B. The Attorney General may sell any surplus bound volumes and

requested individual copies of opinions to help cover the cost of

the publication, postal charges and other necessary expenses.

Proceeds of such sales shall be deposited into the fund established

pursuant to subsection C of this section.

C. There is hereby created in the State Treasury a revolving

fund for the Attorney General, to be designated the Attorney

General's Revolving Fund. The fund shall be a continuing fund, not

subject to fiscal year limitations, and shall consist of all monies

received from the sale of copies of surplus bound volumes and

requested individual copies of opinions and such other monies as are

provided for by law. Expenditures from the fund shall be made upon

warrants issued by the State Treasurer against claims filed as

prescribed by law with the Director of the Office of Management and

Enterprise Services for approval and payment.

Added by Laws 1969, c. 40, § 1, emerg. eff. Feb. 20, 1969. Amended

by Laws 1978, c. 165, § 8, eff. Jan. 8, 1979; Laws 1987, c. 203, §

9, operative July 1, 1987; Laws 2011, c. 292, § 3; Laws 2012, c.

304, § 699; Laws 2022, c. 138, § 1, eff. Nov. 1, 2022.

§74-20a.

1998.

Repealed by Laws 1998, c. 364, § 38, emerg. eff. June 8,

§74-20f. State officer or employee - Legal defense services.

A. In the event an action is brought against an employee, who

for the purposes of this act shall be an elected or appointed state

officer or employee of any state officer, institution, agency, board

or commission of any branch of state government in any civil action

or special proceeding in the courts of this state, or of the United

States, by reason of any act done or omitted in good faith in the

course of his employment, it is the duty of the Attorney General or

staff attorney of such person's agency where the agency is

authorized by law to be represented in court by a member of its own

permanent legal staff, when requested in writing by such employee,

to appear and defend the action or proceeding in his behalf. Such

Oklahoma Statutes - Title 74. State Government

written request shall be made within fifteen (15) days after service

of summons on the employee and a copy of the request shall be

transmitted by the employee to the head of his agency and the

Attorney General.

B. The Attorney General or a designated legal officer shall not

represent a state employee if that employee did not perform a

statutorily required duty and such duty is a basis of the civil

action or special proceeding.

C. The Attorney General may direct an appropriate legal officer

including a staff attorney of an agency authorized by law to be

represented in court by a member of its own permanent legal staff to

appear and defend such action. The Attorney General may request the

assistance of a district attorney in any such action. The Attorney

General may intervene in any such action or proceeding and appear on

behalf of the State of Oklahoma, or any of its officers or

employees, where he deems the state to have an interest in the

subject matter of the litigation.

D. The Attorney General shall determine the method of

preparation and presentation of such defense. The Attorney General

or other legal officer under his direction shall not be held civilly

liable for the exercise of such discretion.

E. The employee named in the action may employ private counsel

at his own expense to assist in his defense.

F. Any officer or employee who acts outside of the scope of his

official authority shall be liable in damages in the same manner as

any private citizen.

G. When an original action seeking either a writ of mandamus or

prohibition against a district judge, associate district judge, or

special judge of the district court is commenced, the Attorney

General shall represent such judicial officer if, and only if,

directed to do so, in writing, by the Chief Justice of the Oklahoma

Supreme Court, upon the Chief Justice's finding that such

representation is necessary to protect either the function or

integrity of the judiciary. Such finding by the Chief Justice shall

be final and binding.

In the event that the Attorney General is or shall be

disqualified from representing such judicial officer, the Attorney

General shall immediately notify, in writing, the Chief Justice.

The Chief Justice then may appoint counsel to represent the judicial

officer. The appointed counsel shall determine the method of

preparation and presentation of such defense. The appointed counsel

shall not be held civilly liable for the exercise of such

discretion. The appointed counsel shall, upon approval by the Chief

Justice, be entitled to be compensated for services rendered.

H. A settlement involving injunctive relief which substantially

impacts the operation or programs of a state agency or would impose

obligations requiring the expenditure of funds in excess of

Oklahoma Statutes - Title 74. State Government

unallocated unencumbered monies in the agency's appropriations or

beyond the current fiscal year shall be reviewed prior to its

finalization by the President Pro Tempore of the Senate or his

designee, the Speaker of the House or his designee, and the Governor

or his designee. The purpose of the review is to determine the

budgetary, programmatic and operational impact of the proposed

settlement. The President Pro Tempore of the Senate, Speaker of the

House and Governor shall be given a reasonable time in which to make

recommendations regarding the proposed settlement given due

consideration to the time requirements of the case. Such

recommendations must be considered by the state agency, such

agency's counsel of record and the Attorney General in determining

whether to finalize the settlement agreement.

Laws 1976, c. 208, § 1, operative July 1, 1976; Laws 1984, c. 278, §

3, operative July 1, 1984; Laws 1992, c. 71, § 1, eff. Sept. 1,

1992; Laws 1992, c. 288, § 2, eff. July 1, 1992.

§74-20g. Defense duties - Evidence

A. Before any such defense is undertaken, an inquiry shall be

made by the Attorney General of the facts on which the action or

special proceedings are based. Unless the Attorney General

determines that the employee was acting in good faith and in the

course of his employment, representation shall not be provided

pursuant to this act.

B. It shall be the duty of any state law enforcement agency to

provide investigators at the request of the Attorney General to

assist him in carrying out the provisions of this act.

C. No findings or reports of the Attorney General or persons

making inquiry under his direction pursuant to the provisions of

this section shall be admissible as evidence in any such action or

special proceeding and no reference thereto shall be made in any

such trial or hearing.

Added by Laws 1976, c. 208, § 2, operative July 1, 1976.

§74-20h. Cost of litigation

A. The cost of litigation in any case for which representation

is provided pursuant to this act shall be paid out of the Attorney

General's Evidence Fund.

B. Cost of litigation shall include, but is not limited to,

court costs, deposition expenses, travel and lodging, witness fees

and other similar costs; except that this act shall not be construed

as authorizing the payment by the State of Oklahoma or any agency

thereof of any judgment making an award of monetary damages.

Added by Laws 1976, c. 208, § 3, operative July 1, 1976.

§74-20i. Contracting for legal representation by private attorneys

- Approval by Attorney General - Report.

Oklahoma Statutes - Title 74. State Government

A. An agency or official of the executive branch may obtain

legal representation by one or more attorneys by means of one of the

following:

1. Employing an attorney as such if otherwise authorized by

law;

2. Contracting with the Office of the Attorney General; or

3. If the Attorney General is unable to represent the agency,

or official due to a conflict of interest, or the Office of the

Attorney General is unable or lacks the personnel or expertise to

provide the specific representation required by such agency or

official, contracting with a private attorney or attorneys pursuant

to this section.

B. When entering into a contract for legal representation by

one or more private attorneys or law firms, an agency or official of

the executive branch shall select an attorney or attorneys or a law

firm or law firms from a list of attorneys and firms maintained by

the Attorney General. An agency may contract for legal

representation with one or more attorneys who are not on the list

only when there is no attorney or firm on the list capable of

providing the specific representation and only with the approval of

the Attorney General. The list shall include any attorney or firm

who desires to furnish services to an agency or official of the

executive branch and who has filed a schedule of fees for services

with and on a form approved by the Attorney General. The list of

attorneys and firms desiring to furnish services and a schedule of

fees for each attorney and firm shall be maintained and made

available to the public.

C. An agency or official may agree to deviate from the schedule

of fees only with the approval of the Attorney General and if the

new schedule of fees would not violate the fee schedules set forth

in subsections D and E of this section.

D. An agency or official of the executive branch shall not

enter into a contingency fee contract that provides for the private

attorney or firm to receive an aggregate contingency fee that

exceeds:

1. Twenty-five percent (25%) of that portion of any amount

recovered that is Ten Million Dollars ($10,000,000.00) or less;

2. Twenty percent (20%) of that portion of any amount recovered

that is more than Ten Million Dollars ($10,000,000.00) but less than

or equal to Fifteen Million Dollars ($15,000,000.00);

3. Fifteen percent (15%) of that portion of any amount

recovered that is more than Fifteen Million Dollars ($15,000,000.00)

but less than or equal to Twenty Million Dollars ($20,000,000.00);

4. Ten percent (10%) of that portion of any amount recovered

that is more than Twenty Million Dollars ($20,000,000.00) but less

than or equal to Twenty-five Million Dollars ($25,000,000.00); and

Oklahoma Statutes - Title 74. State Government

5. Five percent (5%) of that portion of any amount recovered

that is more than Twenty-five Million Dollars ($25,000,000.00).

E. Notwithstanding subsection D of this section, the total fee

payable to all retained private attorneys in any contingency fee

contract shall not exceed Fifty Million Dollars ($50,000,000.00),

exclusive of any costs and expenses provided by the contract and

actually incurred by the retained private attorneys, regardless of

the number of actions or proceedings or the number of retained

private attorneys involved in the matter.

F. The Attorney General shall develop a standard clause for

inclusion in every contract for contingent fee attorney services

that shall be used in all cases, describing in detail what is

expected of both the contracted private attorney and the state

including, but not limited to, the requirements as provided in this

subsection. The state shall not enter into a contract for

contingency fee attorney services that does not incorporate such

requirements:

1. The government attorneys shall retain complete control over

the course and conduct of the case;

2. A government attorney with supervisory authority shall be

personally involved in oversight of the case;

3. The government attorneys shall retain veto power over any

decision made by outside counsel related to the case;

4. Any defendant in the case may contact the lead government

attorneys directly, without having to confer with outside counsel;

5. A government attorney with supervisory authority for the

case shall attend all settlement conferences; and

6. Decisions regarding settlement of the case shall be reserved

exclusively to the discretion of the government attorneys and the

state.

G. Copies of any executed contingency fee contract with the

private attorney shall be posted on the Attorney General's website

for public inspection within five (5) business days after the date

the contract is executed and shall remain posted on the website for

the duration of the contingency fee contract including any

extensions or amendments to the contract. Any payment of

contingency fees shall be posted on the Attorney General's website

within fifteen (15) days after the payment of the contingency fees

to the private attorney or law firm and shall remain posted on the

website for at least three hundred sixty-five (365) days after the

payment is made.

H. Any private attorney or law firm under contract to provide

services to the state on a contingency fee basis shall from the

inception of the contract until at least four (4) years after the

contract expires or is terminated, maintain detailed current records

including documentation of all expenses, disbursements, charges,

credits, underlying receipts and invoices and other financial

Oklahoma Statutes - Title 74. State Government

transactions related to the attorney services. The private attorney

or law firm shall make all such records available for inspection and

copying upon request of the Attorney General. In addition, the

private attorney or law firm shall maintain detailed contemporaneous

time records for the attorneys and paralegals working on the matter

in increments of no greater than one-tenth (1/10) of an hour and

shall promptly provide such records to the Attorney General upon

request.

I. Before entering into a contract for legal representation by

one or more private attorneys, an agency or official of the

executive branch shall furnish a copy of the proposed contract to

the Attorney General and notify the Attorney General of the

following:

1. The nature and scope of the representation including, but

not limited to, a description of any pending or anticipated

litigation or of the transaction requiring representation;

2. The reason or reasons for not obtaining the representation

from an attorney employed by the agency or official, if an attorney

is employed by the agency or official;

3. The reason or reasons for not obtaining the representation

from the Attorney General by contract;

4. The anticipated cost of the representation including the

following:

a.

the basis for or method of calculation of the fee

including, when applicable, the hourly rate for each

attorney, paralegal, legal assistant, or other person

who will perform services under the contract, and

b.

the basis for and method of calculation of any

expenses which will be reimbursed by the agency or

official under the contract;

5. An estimate of the anticipated duration of the contract;

6. The past or present relationship, if any, between such

attorney, law firm or any partner or other principal in such law

firm and the state agency or state agent proposing to enter into the

contract;

7. If the contract contemplates that all or part of the fee is

contingent on the outcome of the legal proceeding, the reasons the

contingent fee arrangement is believed to be in the state's interest

and any efforts undertaken to obtain private counsel on a

noncontingent fee basis; and

8. The justification for the determination that the selection

of a contract for legal representation by one or more private

attorneys or firms was made based on the ability of the private

attorney or firm to provide the most economical and most competent

service which furthers the best interest of the state.

J. After the approval of the contract by the Attorney General

for legal representation by one or more private attorneys or law

Oklahoma Statutes - Title 74. State Government

firms, the Attorney General shall make available to the public on

the Attorney General's website the information required pursuant to

paragraphs 1 through 8 of subsection I of this section.

K. 1. Before entering into a contract for legal representation

by one or more private attorneys or firms where the agency has

reason to believe that the case, transaction or matter will equal or

exceed Twenty Thousand Dollars ($20,000.00) or after employment when

it becomes apparent that the case, transaction or matter will equal

or exceeds Twenty Thousand Dollars ($20,000.00), an agency or

official of the executive branch shall obtain the approval of the

Attorney General when the total cost including fees and expenses, of

all contracts relating to the same case, transaction, or matter will

equal or exceed Twenty Thousand Dollars ($20,000.00).

2. Before entering into a contract for legal representation by

one or more private attorneys or firms to initiate a legal action on

behalf of the state where the agency has reason to believe that the

total cost of the case, transaction or matter including fees and

expenses will equal or exceed One Million Dollars ($1,000,000.00),

an agency or official of the executive branch shall initiate a

request for proposal from at least three qualified private attorneys

or firms, when possible, engaged in providing such services. Notice

of the request for proposal shall be published on the Attorney

General's website. The request for proposal shall solicit a

billable hourly rate, regardless of whether a contingency fee is

ultimately agreed upon, and shall specify the importance of price,

quality, ability and experience. The selection of a contract for

legal representation by one or more private attorneys or firms shall

be made using the criteria established in the request for proposal

and shall be based on the response to the request which is the most

economical and provides the most competent service which furthers

the best interests of the state. Most economical and most competent

shall not be construed to mean the least expensive proposal.

3. Any amendment, modification or extension of a contract

which, had it been a part of the original contract would have

required approval by the Attorney General, shall also require

approval by the Attorney General.

L. After entering into a contract for legal representation by

one or more private attorneys or firms where the agency has reason

to believe that the case, transaction or matter will equal or exceed

One Million Dollars ($1,000,000.00), an agency or official of the

executive branch shall submit a copy of the contract to the

Legislative Oversight Committee overseeing the operations of the

Legislative Office of Fiscal Transparency (LOFT) along with the

following:

1. A description of the litigation or of the transaction

requiring representation;

Oklahoma Statutes - Title 74. State Government

2. The reason or reasons for not obtaining the representation

from an attorney employed by the agency or official;

3. The justification for selecting an attorney or firm

contracted to represent the state; and

4. An estimate of the anticipated duration of the contract.

M. A settlement agreement shall not contemplate the ultimate

use and destination of recovered funds unless done in accordance

with paragraphs 11 and 12 of Section 18b of this title.

N. Within ten (10) days of an agency or official of the

executive branch entering into a settlement agreement where a

private attorney or firm was hired on a contingency fee contract and

the settlement was equal to or greater than One Million Dollars

($1,000,000.00), the agency or official of the executive branch

shall present the settlement agreement to the Legislative Oversight

Committee with oversight of the operations of the Legislative Office

of Fiscal Transparency (LOFT), unless otherwise postponed by LOFT.

O. When an agency or official of the executive branch enters

into a contract for professional legal services pursuant to this

section, the agency shall also comply with the applicable provisions

of Section 85.41 of this title.

P. The provisions of this section shall not apply to the

Oklahoma Indigent Defense System created pursuant to Section 1355 et

seq. of Title 22 of the Oklahoma Statutes.

Q. Upon request of an agency or official of the executive

branch, the Governor, the President Pro Tempore of the Oklahoma

State Senate and the Speaker of the Oklahoma House of

Representatives may exempt a legal matter from the requirements of

this section if an exemption is deemed to be in the best interest of

the state. Such exemption shall be issued at their discretion, in

writing and by unanimous consent, and shall be submitted to LOFT.

R. By February 1 of each year, the Attorney General shall

submit a report to the Governor, the President Pro Tempore of the

Senate, the Speaker of the House of Representatives, the Chair of

the Appropriations and Budget Committee of the House of

Representatives and the Chair of the Appropriations Committee of the

Senate, that describes the use of contracts with private attorneys

or law firms in the preceding fiscal year. At a minimum, the report

shall identify all new contracts entered into during the fiscal year

being reported and all previously executed contracts that remain

current during any part of the fiscal year. For each contract, the

report shall contain:

1. The name of the private attorney with whom the agency has

contracted including the name of the attorney's law firm;

2. The nature and status of the legal matter;

3. The name of the parties to the legal matter;

4. The amount of any recovery;

5. The amount of any hourly rate;

Oklahoma Statutes - Title 74. State Government

6. The amount of any contingency fee paid, if applicable; and

7. The amount paid under the contract for the fiscal year.

S. The provisions of subsections B through R of this section

shall not apply to any agency that invests funds on behalf of its

beneficiaries and, as part of its fiduciary duty, retains one or

more private attorneys or law firms to pursue individual, derivative

or class litigation concerning its investments or assets.

T. The provisions of this section shall not apply to any entity

exempted from Article I of the Administrative Procedures Act

pursuant to paragraphs 6 and 7 of subsection A of Section 250.4 of

Title 75 of the Oklahoma Statutes.

Added by Laws 1995, c. 180, § 1, eff. July 1, 1995. Amended by Laws

2022, c. 308, § 1, eff. Nov. 1, 2022; Laws 2024, c. 212, § 1, eff.

Nov. 1, 2024.

§74-20j. Enforcement of federal immigration and customs laws Memorandum of Understanding - Limitation of exchange of information

regarding immigration status prohibited - Private right of action.

A. The Attorney General is authorized and directed to negotiate

the terms of a Memorandum of Understanding between the State of

Oklahoma and the United States Department of Justice or the United

States Department of Homeland Security, as provided by Section

1357(g) of Title 8 of the United States Code, concerning the

enforcement of federal immigration and customs laws, detention and

removals, and investigations in the State of Oklahoma.

B. The Memorandum of Understanding negotiated pursuant to

subsection A of this section shall be signed on behalf of this state

by the Attorney General and the Governor or as otherwise required by

the appropriate federal agency.

C. No local government, whether acting through its governing

body or by an initiative, referendum, or any other process, shall

enact any ordinance or policy that limits or prohibits a law

enforcement officer, local official, or local government employee

from communicating or cooperating with federal officials with regard

to the immigration status of any person within this state.

D. Notwithstanding any other provision of law, no government

entity or official within the State of Oklahoma may prohibit, or in

any way restrict, any government entity or official from sending to,

or receiving from, the United States Department of Homeland

Security, information regarding the citizenship or immigration

status, lawful or unlawful, of any individual.

E. Notwithstanding any other provision of law, no person or

agency may prohibit, or in any way restrict, a public employee from

doing any of the following with respect to information regarding the

immigration status, lawful or unlawful, of any individual:

1. Sending such information to, or requesting or receiving such

information from, the United States Department of Homeland Security;

Oklahoma Statutes - Title 74. State Government

2. Maintaining such information; or

3. Exchanging such information with any other federal, state,

or local government entity.

F. The provisions of this section shall allow for a private

right of action by any natural or legal person lawfully domiciled in

this state to file for a writ of mandamus to compel any

noncooperating local or state governmental agency to comply with

such reporting laws.

Added by Laws 2007, c. 112, § 10, eff. Nov. 1, 2007.

§74-20k. Justice Reinvestment Grant Program.

A. There is hereby established the Justice Reinvestment Grant

Program. Contingent upon the provision of appropriate funds

designated for Justice Reinvestment grants, the Office of the

Attorney General is authorized to award one or more such competitive

grants to local law enforcement agencies for the purpose of

providing funding for new initiatives and strategies to combat

violent crime as proposed by local law enforcement agencies. Funds

shall be used for local initiatives, technical assistance, law

enforcement training, law enforcement equipment, crime victim

services, contractual support and information systems for criminal

justice purposes.

B. To be eligible for a Justice Reinvestment Grant, local law

enforcement agencies shall submit proposals to the Office of the

Attorney General that focus on increasing the capacity of the law

enforcement agency to address violent crime within their

jurisdiction through one of the following priority strategies:

1. Focusing on intervention and enforcement through the use of

increased staffing resources with overtime funds to target violent

crime with evidence-driven approaches. Policing initiatives may

include directed patrols, “hot spot” policing, intelligence-led

policing, or youth and gang violence interventions;

2. Increasing technological capacity to support intervention

and enforcement with the purchase of technology for crime prevention

and criminal justice problem solving. Technology shall include, but

not be limited to, crime-mapping software, Global Positioning

Systems (GPS) technology and smart phone tools;

3. Enhancing analytical capacity through the development or

expansion of analytical capabilities that focus on crime mapping,

analysis of crime trends and developing data-driven strategies that

focus on violent crime reduction through the employment of civilian

crime analysts;

4. Engaging with community partners in order to develop

partnerships and projects that focus on preventing violent crime in

the community. Community partners may include, but are not limited

to, public and private service providers, the courts, and probation

and parole services. Projects shall include, but are not limited

Oklahoma Statutes - Title 74. State Government

to, programs that focus on drug enforcement efforts, youth violent

crime, gang violence, and offender recidivism; and

5. Increasing direct services to crime victims through local

law enforcement efforts which shall include, but not be limited to,

addressing gaps in crime victims services by enhancing accessibility

to services, increasing awareness of victimization and partnering

with local community providers to improve supports and services to

victims of crime.

C. Preference shall be given to grant applicants that can

demonstrate a commitment to regional, multijurisdictional strategies

to address community safety issues and can clearly outline a

comprehensive plan for municipalities to work with law enforcement,

community-based organizations and government agencies to address

violent criminal activity.

D. Grants awarded pursuant to the Justice Reinvestment Grant

Program shall be considered one-time grants awarded to local law

enforcement agencies. The Office of the Attorney General shall

consult with local law enforcement agencies when determining grant

eligibility requirements and criteria. The Office of the Attorney

General shall publish guidelines and an application for the

competitive portion of the grant program no later than January 1,

2013.

E. The Office of the Attorney General is hereby authorized to

adopt rules and procedures as necessary to carry out the provisions

of this section.

Added by Laws 2012, c. 228, § 11, eff. Nov. 1, 2012.

§74-20k-1A. Short title — Oklahoma Sheriff's Office Funding

Assistance Grant Program Act of 2024 — Definitions — Purpose.

A. This act shall be known and may be cited as the "Oklahoma

Sheriff's Office Funding Assistance Grant Program Act of 2024".

B. There is hereby established the Oklahoma Sheriff's Office

Funding Assistance Grant Program.

C. As used in the Oklahoma Sheriff's Office Funding Assistance

Grant Program Act of 2024:

1. "Gross assessed total tangible property valuation" means the

amount determined pursuant to the calculation provided in Section

180.59 of Title 19 of the Oklahoma Statutes;

2. "Grant" means an amount authorized to be awarded under the

provisions of this section; and

3. "Qualified county" means any county recognized as a county

of this state as of the effective date of this act.

D. The Office of Attorney General shall establish and

administer the Oklahoma Sheriff's Office Funding Assistance Grant

Program to support the state purpose of ensuring professional law

enforcement throughout the state by providing financial assistance

Oklahoma Statutes - Title 74. State Government

to sheriff's offices in qualified counties. Such program shall

embody the following procedures and criteria:

1. Not later than the thirtieth day after the first day of a

qualified county's fiscal year, the county may submit an application

for a grant to the Office of the Attorney General. A county may

submit only one application each fiscal year;

2. Grants awarded under the provisions of this section shall be

to qualified counties in the following amounts, or in proportionally

equivalent reduced amounts if available funding for the program is

limited:

a.

One Hundred Fifty Thousand Dollars ($150,000.00) for a

county in the lower twenty-six (26) of qualified

counties ranked by gross assessed total tangible

property valuation,

b.

Two Hundred Fifty Thousand Dollars ($250,000.00) for a

county ranked higher than twenty-six (26) but lower

than fifty-three (53) of qualified counties ranked by

gross assessed total tangible property valuation, and

c.

Three Hundred Thousand Dollars ($300,000.00) for a

county ranked equal to or greater than fifty-three

(53) of qualified counties ranked by gross assessed

total tangible property valuation.

E. Counties awarded a grant from the program shall limit use of

the grant proceeds to the lawful operation of the sheriff's office,

provided such proceeds shall not be used for the payment of salary.

F. Until the completion of the fiscal year ending June 30,

2026, no county shall reduce or supplant existing funding or the

county's methodology for allocating funds to a county sheriff's

office due to the award of grant funding as provided under the

provisions of this section.

G. The Office of the Attorney General is hereby authorized to

adopt rules and procedures as necessary to carry out the provisions

of this section.

Added by Laws 2024, c. 394, § 1, eff. July 1, 2024.

§74-20k-1B. Oklahoma Sheriff's Office Funding Assistance Revolving

Fund.

There is hereby created in the State Treasury a revolving fund

for the Office of the Attorney General to be designated the

"Oklahoma Sheriff's Office Funding Assistance Revolving Fund". The

fund shall be a continuing fund, not subject to fiscal year

limitations, and shall consist of all monies directed to the fund

and eligible for deposit by law. All monies accruing to the credit

of said fund are hereby appropriated and may be budgeted and

expended by the Office of the Attorney General exclusively for the

purposes and in compliance with the Oklahoma Sheriff's Office

Funding Assistance Grant Program, created in Section 1 of this act.

Oklahoma Statutes - Title 74. State Government

Expenditures from said fund shall be made upon warrants issued by

the State Treasurer against claims filed as prescribed by law with

the Director of the Office of Management and Enterprise Services for

approval and payment.

Added by Laws 2024, c. 394, § 2, eff. July 1, 2024.

§74-20l. Collection of information by the Office of Attorney

General.

A. The Office of the Attorney General shall have the authority

to collect information sufficient to meet its responsibilities

related to the auditing of justice reinvestment initiatives in this

state.

B. The individual forms, computer and electronic data, and

other forms of information collected by and furnished to the

Attorney General shall be confidential and shall not be public

records as defined in the Oklahoma Open Records Act.

C. Except as otherwise provided by state and federal

confidentiality laws, identifying information shall not be disclosed

and shall not be used for any public purpose other than the creation

and maintenance of anonymous data sets for statistical reporting and

data analysis.

D. The following entities shall report and submit the required

information to the Attorney General on or before November 1, 2016:

1. The Oklahoma State Bureau of Investigation shall provide

crime rates for violent, property and drug-related crimes;

2. The Department of Mental Health and Substance Abuse Services

shall provide information related to the location and number of

mental health beds, funds expended on services for criminal

offenders, the total number of mental health assessments completed

by the Department, as well as the average score, costs and

verification of mental health assessment tools;

3. The District Attorneys Council shall provide information

related to the costs of providing training for victim-witness

coordinators and support staff who provide services to crime victims

and witnesses within each district and the number of assistant

district attorneys and support staff employed within each office;

4. The Administrative Director of the Courts shall provide the

total number of criminal sentence modifications; and

5. The Department of Corrections shall provide information

related to incarceration rates including, but not limited to, the

type of criminal offense, average period of incarceration, total

number of correctional facilities and the total number of

corrections officers, corrections employees and probation and parole

employees. The Department of Corrections shall also provide the

total number of offenders who are on probation, parole or postimprisonment supervision and shall also provide information related

to the use of sanctions, including technical violations, referrals

Oklahoma Statutes - Title 74. State Government

to intermediate sanctions facilities, intermediate revocation

facilities and revocations.

E. The Attorney General shall include in the report the number

of grants awarded pursuant to the Justice Reinvestment Grant Program

established pursuant to the provisions of Section 11 of this act and

the name of the law enforcement agency which received said grant.

F. A detailed report of the data analysis shall be provided by

the Attorney General to the Governor, the Speaker of the Oklahoma

House of Representatives and the President Pro Tempore of the

Oklahoma State Senate by January 1, 2017.

Added by Laws 2012, c. 228, § 12, eff. Nov. 1, 2012.

§74-21b. Assistant Attorneys General - Other employees Appointments - Duties and compensation.

The following positions are hereby created in the Office of the

Attorney General in lieu of all positions previously existing in

said office: One First Assistant Attorney General, and such other

Assistant Attorneys General, investigators, and other employees as

the Attorney General shall deem necessary for the proper performance

of his or her duties.

The Attorney General shall appoint and fix the duties and

compensation of all Assistant Attorneys General, investigators, and

other employees necessary to perform the duties imposed upon the

Attorney General by law, payable from appropriations made for such

purposes.

CLEET-certified investigators of the Office of the Attorney

General shall have and exercise all the powers and authority of

peace officers pursuant to rules promulgated by the Attorney

General.

Added by Laws 1971, c. 16, § 1, emerg. eff. March 12, 1971. Amended

by Laws 1973, c. 131, § 3, emerg. eff. May 10, 1973; Laws 1982, c.

90, § 3, emerg. eff. April 1, 1982; Laws 1982, c. 229, § 4, eff.

Jan. 10, 1983; Laws 1987, c. 203, § 10, operative July 1, 1987; Laws

1989, c. 348, § 25, eff. Nov. 1, 1989; Laws 1990, c. 264, § 128,

operative July 1, 1990; Laws 2000, c. 366, § 1, emerg. eff. June 6,

2000.