{"data":{"id":"us-ok/okla.-stat.-tit.-57-57-37v1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 57, § 57-37v1","heading":"Facilities reaching maximum capacity","body":"A. If all correctional facilities reach maximum capacity and\n\nthe Department of Corrections is required to contract for bed space\n\nto house state inmates:\n\n1. The Pardon and Parole Board shall consider all nonviolent\n\noffenders for parole who are within six (6) months of their\n\nscheduled release from a penal facility; and\n\n2. Prior to contracting with a private prison operator to\n\nprovide housing for state inmates, the Department shall send\n\nnotification to all county jails in this state that bed space is\n\nrequired to house the overflow population of state inmates. Upon\n\nreceiving notification, the sheriff or jail trust administrator of a\n\ncounty jail is authorized to enter into agreements with the\n\nDepartment to provide housing for the inmates. Reimbursement for\n\nthe cost of housing the inmates shall be a negotiated per diem rate\n\nfor each inmate as contracted but shall in no event be less than the\n\nper diem rate provided for in Section 38 of this title.\n\nB. No inmate may be received by a penal facility from a county\n\njail without first scheduling a transfer with the Department.\n\nWithin five (5) business days after the court orders the judgment\n\nand sentence, the court clerk shall transmit to the Department by\n\nfacsimile, electronic mail, or actual delivery a certified copy of\n\nthe judgment and sentence.\n\nC. The receipt of the certified copy of the judgment and\n\nsentence shall be certification that the sentencing court has\n\nentered a judgment and sentence and all other necessary commitment\n\ndocuments. The Department of Corrections is authorized to determine\n\nthe appropriate method of delivery from each county based on\n\nelectronic or other capabilities, and establish a method for issuing\n\nreceipts certifying that the Department has received the judgment\n\nand sentence document. The Department shall establish a dedicated\n\nelectronic address location for receipt of all electronically\n\nsubmitted judgment and sentence documents. The electronic address\n\nlocation shall provide written receipt verification of each received\n\njudgment and sentence document. Once an appropriate judgment and\n\nsentence document is received by the Department of Corrections, the\n\nDepartment shall contact the sheriff or jail trust administrator\n\nwhen bed space is available to schedule the transfer and reception\n\nof the inmate into the Department.\n\nD. If the Department receives a judgment and sentence document\n\nfrom a county that includes inaccurate information from the\n\nsentencing court, the Department shall notify the county within a\n\ntimely manner.\n\nE. When a county jail has reached its capacity of inmates as\n\nprovided in the standards set forth in the Oklahoma Jail Standards\n\nAct, then the county sheriff or jail trust administrator shall\n\nnotify the Director of the Oklahoma Department of Corrections, or\n\nthe Director’s designated representative, by facsimile, electronic\n\nmail, or actual delivery, that the county jail has reached or\n\nexceeded its capacity to hold inmates. The notification shall\n\ninclude copies of any judgment and sentences not previously\n\ndelivered as required by subsection B of this section. Within\n\nseventy-two (72) hours following such notification, the county\n\nsheriff or jail trust administrator shall transport the designated\n\nexcess inmate or inmates to a penal facility designated by the\n\nDepartment. The sheriff or jail trust administrator shall notify\n\nthe Department of the transport of the inmate prior to the reception\n\nof the inmate. The Department shall schedule the reception date and\n\nreceive the inmate within seventy-two (72) hours of notification\n\nthat the county jail is at capacity, unless other arrangements can\n\nbe made with the sheriff or jail trust administrator.\n\nF. The Department shall be responsible for the cost of housing\n\nthe inmate in the county jail including costs of medical care\n\nprovided from the date the judgment and sentence was ordered by the\neption date and\n\nreceive the inmate within seventy-two (72) hours of notification\n\nthat the county jail is at capacity, unless other arrangements can\n\nbe made with the sheriff or jail trust administrator.\n\nF. The Department shall be responsible for the cost of housing\n\nthe inmate in the county jail including costs of medical care\n\nprovided from the date the judgment and sentence was ordered by the\n\ncourt until the date of transfer of the inmate from the county jail.\n\nThe Department shall implement a policy for determination of\n\nscheduled dates on which an inmate or multiple inmates are to be\n\ntransferred from county jails. The policy shall allow for no less\n\nthan three alternative dates from which the sheriff or jail trust\n\nadministrator of a county jail may select and shall provide for\n\nweather-related occurrences or other emergencies that may prevent or\n\ndelay transfers on the scheduled date. The policy shall be\n\navailable for review upon request by any sheriff or jail trust\n\nadministrator of a county jail. The cost of housing shall be the\n\nper diem rate specified in Section 38 of this title. In the event\n\nthe inmate has one or more criminal charges pending in the same\n\nOklahoma jurisdiction and the county jail refuses to transfer the\n\ninmate to the Department because of the pending charges, the\n\nDepartment shall not be responsible for the housing costs of the\n\ninmate while the inmate remains in the county jail with pending\n\ncharges. Once the inmate no longer has pending charges in the\n\njurisdiction, the Department shall be responsible for the housing\n\ncosts of the inmate for the period beginning on the date the\n\njudgment and sentence or final order was ordered by the Court. In\n\nthe event the inmate has other criminal charges pending in another\n\nOklahoma jurisdiction, the Department shall be responsible for the\n\nhousing costs while the inmate remains in the county jail awaiting\n\ntransfer to another jurisdiction or until the date the inmate is\n\nscheduled to be transferred to the Department, whichever is earlier.\n\nOnce the inmate is transferred to another jurisdiction, the\n\nDepartment is not responsible for the housing cost of the inmate\n\nuntil such time that another judgment and sentence is received by\n\nthe Department from another Oklahoma jurisdiction.\n\nThe sheriff or jail trust administrator may submit invoices for\n\nthe cost of housing the inmate on a monthly basis. Final payment\n\nfor housing an offender will be made only after the official\n\njudgment and sentence is received by the Department of Corrections.","path":["OK Code","Title 57"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os57.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"bf8afe52c0dcbe6cd5aeeec9a12dfd3f39b9e7d6274bfdc7d1a70a9ae54e4a61","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-57-57-37","next":"us-ok/okla.-stat.-tit.-57-57-37v2"},"notice":"GroundRules: Original legal text. Not legal advice."}