{"data":{"id":"us-ok/okla.-stat.-tit.-19-19-744","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 19, § 19-744","heading":"Use of private prison contractors","body":"A. Upon the recommendation of the County Jail Trust Authority\n\nformed pursuant to Section 904.1 of this title, the board of county\n\ncommissioners of each county may enter into contracts with private\n\ncontractors for the management and operation of any jail owned by\n\nthe county or for the incarceration of inmates in jail facilities\n\nowned and operated by private contractors. Such services shall meet\n\nany standards prescribed and established for county jails, including\n\nbut not limited to standards concerning internal and perimeter\n\nsecurity, discipline of inmates, employment of inmates, and proper\n\nfood, clothing, housing, and medical care. The contracts may be\n\nfor a period not to exceed fifty (50) years subject to annual\n\nappropriations by the county excise board. The contracts shall be\n\nvalid for a fiscal year only if the county excise board provides an\n\nappropriation for the contract for that fiscal year.\n\nB. A comprehensive file for all private contractors interested\n\nin and capable of managing or operating a county jail or\n\nincarcerating inmates in a facility owned and operated by the\n\ncontractor shall be maintained by the county. These files shall\n\ninclude a completed application form, a resume of the contractor's\n\nstaff and capability, completed performance evaluation form for past\n\nprojects on which the contractor has provided jail services to the\n\ncounty, a list of past contracts with the county, and a list of\n\ncontracts to provide similar services to other political\n\nsubdivisions of this state or other states.\n\nThe file shall include the mailing address of each private\n\ncontractor.\n\nAny contractor may request at any time to be included in the\n\ncomprehensive file, and shall be so included within twenty (20) days\n\nof the request.\n\nThe board of county commissioners may solicit evaluation of work\n\ndone by contractors from the state, other political subdivisions, or\n\nmembers of the private sector, which evaluation shall be part of the\n\ncomprehensive file.\n\nC. The board of county commissioners shall define the scope of\n\na proposed project, determine the various project components, phases\n\nand timetables, and prepare detailed project descriptions to guide\n\nprospective contractors.\n\nD. If the county intends to secure the services of private\n\ncontractors, all contractors included in the file shall be notified\n\nthrough the mail of such intent. Such notification shall contain\n\nthe following information:\n\n1. Description and scope of the project or projects;\n\n2. Estimated cost and time schedule for project;\n\n3. Funds available, including federal, state or other\n\nparticipation;\n\n4. Last date for submitting notice of interest in performing\n\nservices to the board of county commissioners; and\n\n5. Other pertinent data.\n\nPrivate contractors desiring consideration shall meet the\n\nrequirements of this section and to be considered shall submit a\n\nletter expressing interest in the project to the board of county\n\ncommissioners within thirty (30) days of the postmark date of the\n\nletter of notification mailed by the board. Contractors shall have\n\non file an application form not over twelve (12) months old.\n\nE. The board shall review the files of the private contractors\n\ndesiring consideration for the project, and shall select no fewer\n\nthan three and no more than five contractors for more detailed\n\nconsideration. This initial screening should consider the\n\nrequirements of the project and the bid received, as well as the\n\nfollowing factors to be determined from the file, and replies to\n\ninquiries to former clients:\n\n1. Specialized experience in the type of work contemplated;\n\n2. Capacity of the contractor to accomplish the work in the\n\nrequired time; and\n\n3. Past performance, from the performance evaluation form.\n\nThe board shall award the contract to the contractor whose\n\nqualifications and project proposal most substantially meet the\n\ncriteria of the project description.\nes to\n\ninquiries to former clients:\n\n1. Specialized experience in the type of work contemplated;\n\n2. Capacity of the contractor to accomplish the work in the\n\nrequired time; and\n\n3. Past performance, from the performance evaluation form.\n\nThe board shall award the contract to the contractor whose\n\nqualifications and project proposal most substantially meet the\n\ncriteria of the project description.\n\nF. The board shall negotiate the contract with the selected\n\ncontractor, which contract shall include a fair and reasonable fee.\n\nIf the board and the first-choice contractor cannot reach an\n\nagreement, their negotiations shall be terminated and negotiations\n\nwith the second-choice contractor shall commence. If the board and\n\nthe second-choice contractor cannot reach an agreement, their\n\nnegotiations shall be terminated and negotiations with the third-\n\nchoice contractor shall commence. If the board and the third-choice\n\ncontractor cannot reach an agreement, then all negotiations shall be\n\nterminated. Should the board be unable to negotiate a satisfactory\n\ncontract with any of the three selected contractors, the board shall\n\nselect additional contractors in order of their competency and\n\nqualifications and shall continue negotiations in accordance with\n\nthe provisions of this section until an agreement is reached.\n\nG. Should there be an inadequate expression of interest in the\n\nproject, the board of county commissioners shall confer to add\n\nadditional contractors for consideration which are known to be\n\nappropriate for the project.\n\nH. No contract authorized by the provisions of this section\n\nshall be awarded until the private contractor demonstrates to the\n\nsatisfaction of the board of county commissioners:\n\n1. That the contractor has the necessary qualifications and\n\nexperience to provide the services specified in the contract;\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 county against possible lawsuits arising\n\nfrom the operation of jail facilities by the\n\ncontractor, and\n\nb. compensate the county for any property damage or\n\nexpenses incurred due to the operation of jail\n\nfacilities; and\n\n5. That the contractor has the ability to comply with\n\napplicable court orders and jail standards.\n\nI. The sheriff of the county or a person designated by the\n\nboard of county commissioners shall monitor and report to the board\n\nof county commissioners on the implementation of the contract. The\n\nboard of county commissioners, the county sheriff and the County\n\nJail Trust Authority shall be immune from liability for the acts or\n\nomissions of the private contractor.\n\nJ. A private contractor, in implementing a contract pursuant to\n\nthe provisions of this section, shall not be bound by state laws or\n\nother 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\nK. A county is authorized to lease real property and\n\nimprovements thereon to a private contractor in conjunction with a\n\ncontract for private management of a jail facility located or to be\n\nbuilt on the property. The lease may be entered into for periods up\n\nto fifty (50) years.\nily injury to the personnel or to another person.\n\nK. A county is authorized to lease real property and\n\nimprovements thereon to a private contractor in conjunction with a\n\ncontract for private management of a jail facility located or to be\n\nbuilt on the property. The lease may be entered into for periods up\n\nto fifty (50) years.\n\nL. Any contract between a county and a private contractor,\n\nwhereby the contractor provides for the housing, care, and control\n\nof inmates in a facility owned and operated by the contractor, shall\n\ncontain provisions granting the county the option at the beginning\n\nof each fiscal year to purchase, at a predetermined price any such\n\nfacility.\n\nM. Any contract between a county and a private prison contractor\n\nfor jail management or housing shall contain provisions granting the\n\ncounty the right to terminate such contract for cause upon giving a\n\nsixty-day written notice.\n\nN. The provisions of this section shall not impair any contract\n\nbetween a County Jail Trust Authority and a private contractor for\n\nthe management and operation of any county jail entered into prior\n\nto November 1, 2001, or the renewal, extension, or continuation of\n\nsuch contract. Despite any provision to the contrary in this\n\nsection, each County Jail Trust Authority which has entered into a\n\ncontract with a private contractor for the management and operation\n\nof any county jail prior to November 1, 2001, may enter into an\n\nadditional contract or contracts with a private contractor for the\n\nmanagement and operation of its county jail. Each contract may be\n\nfor a period not to exceed fifty (50) years, and the services\n\npursuant to each contract shall meet any standards prescribed and\n\nestablished for county jails, including, but not limited to,\n\nstandards concerning internal and perimeter security, discipline of\n\ninmates, employment of inmates, and proper food, clothing, housing\n\nand medical care.","path":["OK Code","Title 19"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os19.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"4259a47a827d16699f569067d0568ef32eea903b9025d11a07cd1c956414ddc1","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-19-19-740","next":"us-ok/okla.-stat.-tit.-19-19-745"},"notice":"GroundRules: Original legal text. Not legal advice."}