{"data":{"id":"us-ok/okla.-stat.-tit.-11-11-34-105","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 11, § 11-34-105","heading":"Management and operation of jail facilities by","body":"Department of Corrections or private prison contractor.\n\nA. The governing body of any city or town is authorized to\n\nenter into professional services contracts with the State Department\n\nof Corrections for the housing of state prisoners in any facility\n\napproved by the State Department of Corrections or private\n\ncontractors for the management and operation of any jail owned by\n\nthe city or town or for the incarceration of inmates in facilities\n\nowned and operated by the city or town. Such services shall meet any\n\nstandards prescribed and established for jails in this state,\n\nincluding but not limited to standards concerning internal and\n\nperimeter security, discipline of inmates, employment of inmates,\n\nand proper food, clothing, housing, and medical care. Contracting\n\nprocedures shall be pursuant to municipal ordinances. Said\n\ncontracts shall be entered into for a period not to exceed fifty\n\n(50) years, subject to annual appropriation by the governing body of\n\nthe city or town. Said contracts shall be valid for a fiscal year\n\nonly if the governing body of the city or town provides an\n\nappropriation for the contract for the fiscal year.\n\nB. Any contract between a city or town and private prison\n\ncontractor, whereby the contractor provides for the housing, care,\n\nand control of inmates in a facility owned and operated by the\n\ncontractor, shall contain provisions granting the city or town the\n\noption at the beginning of each fiscal year to purchase, at a\n\npredetermined price any such facility.\n\nC. No contract authorized by the provisions of this section\n\nshall be awarded until the private contractor demonstrates to the\n\nsatisfaction of the governing body:\n\n1. that the contractor has the necessary qualifications and\n\nexperience to provide the services specified in thecontract;\n\n2. that the contractor has the necessary qualified personnel to\n\nimplement the terms of the contract;\n\n3. that the financial condition of the contractor is such that\n\nthe terms of the contract can be fulfilled;\n\n4. that the ability of the contractor to obtain insurance or\n\nprovide self-insurance to:\n\na. indemnify the city or town against possible\n\nlawsuits arising from the operation of jail facilities by the\n\ncontractor, and\n\nb. compensate the city or town for any property\n\ndamage or expenses incurred due to the operation of jail facilities;\n\nand\n\n5. that the contractor has the ability to comply with\n\napplicable court orders and jail standards.\n\nD. A person designated by the governing body of the city or\n\ntown shall monitor implementation of the contract.\n\nE. A private contractor, in implementing a contract pursuant\n\nto the provisions of this section, shall not be bound by state laws\n\nor other legislative enactments which govern the appointment,\n\nqualifications, duties, salaries or benefits of jailers or other\n\nemployees of the jail facilities, except that any personnel\n\nauthorized to carry and use firearms shall comply with the\n\ncertification standards required by the provisions of Section 3311\n\nof Title 70 of the Oklahoma Statutes and be authorized to use\n\nfirearms only to prevent the commission of a felony, to prevent\n\nescape from custody, or to prevent an act which would cause death or\n\nserious bodily injury to the personnel or to another person.\n\nF. Except as otherwise provided, any state law or municipal\n\nordinance governing municipal jails shall apply to jail facilities\n\noperated by a private contractor.\n\nG. Any offense which would be a crime if committed within a\n\nmunicipal jail also shall be a crime if committed in a jail facility\n\noperated by a private contractor.","path":["OK Code","Title 11"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os11.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"7b30b94f90c48a723658d2bfb1d824a1528de7f4f94d1b43d3160c83ef648e1c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-11-11-34-104","next":"us-ok/okla.-stat.-tit.-11-11-34-106"},"notice":"GroundRules: Original legal text. Not legal advice."}