{"data":{"id":"us-ok/okla.-stat.-tit.-57-57-561","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 57, § 57-561","heading":"Incarceration, supervision and treatment at other than","body":"department facilities - Services offered - Standards - Private\n\nprison contractors.\n\nA. The Department of Corrections is hereby authorized to\n\nprovide for incarceration, supervision, and residential treatment at\n\nfacilities other than those operated by the Department of\n\nCorrections. Services offered for persons under the custody or\n\nsupervision of the Department are to include, but not be limited to,\n\nhousing, alcoholism or drug treatment, mental health services,\n\nnursing home care, or halfway house placement. Such services must\n\nmeet standards prescribed and established by the State Board of\n\nCorrections for implementing such a program, including but not\n\nlimited to standards concerning internal and perimeter security,\n\ndiscipline of inmates, educational and vocational training programs,\n\nemployment of inmates, and proper food, clothing, housing, and\n\nmedical care. Such services must be contracted for in accordance\n\nwith Section 85.7 of Title 74 of the Oklahoma Statutes. Such\n\nservices, if provided by private prison contractors, shall be\n\ncontracted for as required by this section.\n\nB. The Department of Corrections is authorized to lease\n\nexisting facilities or portions thereof from private prison\n\ncontractors, counties or other governmental entities and operate\n\nsuch facilities or portions thereof in the same manner as other\n\nstate owned and operated prison facilities. All lease agreements\n\nentered into pursuant to this section shall be negotiated between\n\nthe Department and the lessor. The Office of Management and\n\nEnterprise Services shall assist in the negotiations if requested by\n\nthe Department of Corrections.\n\nC. Subject to the requirements of this section and Section\n\n561.1 of this title, the Department of Corrections is hereby\n\nauthorized to provide for the construction or operation or both\n\nconstruction and operation of correctional institutions of the\n\nDepartment of Corrections by private prison contractors. Such\n\noperation shall meet standards prescribed by the State Board of\n\nCorrections, including but not limited to, standards concerning\n\ninternal and perimeter security, discipline of inmates, educational\n\nand vocational training programs, and proper food, clothing,\n\nhousing, transportation, and medical care. Such services shall be\n\ncontracted for in accordance with the provisions of Section 561.1 of\n\nthis title and the provisions of this section.\n\nD. A comprehensive file for all private prison contractors\n\ninterested in and capable of operating an institution within the\n\nDepartment of Corrections or providing for the housing, care, and\n\ncontrol of inmates in a facility owned and operated by the\n\ncontractor shall be maintained by the Department. These files shall\n\ninclude:\n\n1. A completed application form;\n\n2. A resume of the contractor's staff and capability;\n\n3. A completed performance evaluation form for past projects on\n\nwhich the contractor has provided private prison services;\n\n4. A list of past contracts with this state;\n\n5. A list of contracts to provide similar services to other\n\nstates or to the United States; and\n\n6. The mailing address of each private prison contractor.\n\nAny person or firm wishing to be a private prison contractor may\n\nrequest at any time to be included in the comprehensive file, and\n\nshall be provided necessary forms within twenty (20) days of the\n\nrequest and the Department shall add such contractor to the list\n\nwithin twenty (20) days of receipt of a properly completed\n\napplication.\n\nThe Department may solicit evaluation of work done by private\n\nprison contractors from members of the private sector, which\n\nevaluation shall be part of the comprehensive file.\n\nE. If the Department intends to secure the services of a\n\nprivate prison contractor, all persons and firms included in the\n\nfile shall be notified through the mail of such intent. Such\nf a properly completed\n\napplication.\n\nThe Department may solicit evaluation of work done by private\n\nprison contractors from members of the private sector, which\n\nevaluation shall be part of the comprehensive file.\n\nE. If the Department intends to secure the services of a\n\nprivate prison contractor, all persons and firms included in the\n\nfile shall be notified through the mail of such intent. Such\n\nnotification shall contain the following information:\n\n1. Description and scope of the project or projects;\n\n2. Estimated time schedule for project;\n\n3. Last date for submitting notice of interest in performing\n\nservices to the Director; and\n\n4. Other pertinent data.\n\nPrivate prison 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 Department within\n\nthirty (30) days of the postmark date of the letter of notification\n\nmailed by the Department. Contractors shall file an updated\n\napplication form at the request of the Department.\n\nF. The Department shall define the scope of a proposed project,\n\ndetermine the various project components, phases and timetables, and\n\nprepare detailed project descriptions to guide prospective\n\ncontractors. Before the Department awards a contract to a private\n\nprison contractor, the plans shall be approved by the State Board of\n\nCorrections.\n\nG. The Department shall review the files of the private prison\n\ncontractors desiring consideration for the project. After\n\nperforming the analysis required by Section 561.1 of this title, the\n\nDepartment shall select no less than three and no more than five\n\ncontractors for more detailed consideration. In the event\n\ninterviews for more than one contract are being considered at the\n\nsame time, the number of contractors selected for more detailed\n\nconsideration should be at least twice the number of contracts\n\ncontemplated. This initial screening should consider the\n\nrequirements of the project, as well as the following factors to be\n\ndetermined from the comprehensive file, and replies to inquiries to\n\nformer 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\nH. A full report of the evaluation procedures and\n\nrecommendations of the Department shall be prepared by the\n\nDepartment and submitted to the State Board of Corrections for the\n\nindependent review of the entire process.\n\nI. 1. The Department shall select the contractor whose\n\nqualifications and project proposal most substantially meet the\n\ncriteria of the project description.\n\n2. The Department shall execute the contract with the selected\n\ncontractor, which contract shall include a fair and reasonable fee.\n\n3. The negotiated scope and fee shall be reported to the Board\n\nfor the approval of the award of the contract.\n\nJ. The Office of Management and Enterprise Services shall\n\nrender assistance to the Department of Corrections in implementing\n\nthe contracting procedures provided for in this section. The Office\n\nof Management and Enterprise Services may have a representative at\n\nany meeting involving negotiations of a contract between the\n\nDepartment and a private prison contractor. Before submission of\n\nthe proposed contract to the Council on Bond Oversight, and prior to\n\nthe date as of which the proposed contract is executed by the State\n\nBoard of Corrections, the Attorney General and the Director of the\n\nOffice of Management and Enterprise Services shall review the\n\nproposed final version of the contract. The Attorney General and\n\nthe Director of the Office of Management and Enterprise Services\n\nshall have a period of fifteen (15) days from receipt of the\n\nproposed final version of the contract to approve the contract and\ne State\n\nBoard of Corrections, the Attorney General and the Director of the\n\nOffice of Management and Enterprise Services shall review the\n\nproposed final version of the contract. The Attorney General and\n\nthe Director of the Office of Management and Enterprise Services\n\nshall have a period of fifteen (15) days from receipt of the\n\nproposed final version of the contract to approve the contract and\n\nexecute the document. If either the Attorney General or the\n\nDirector of the Office of Management and Enterprise Services has\n\nobjections to the proposed contract, the objections shall be\n\ncommunicated in writing to the Department of Corrections. The\n\nDepartment of Corrections shall take appropriate action regarding\n\nthe objections and shall resubmit the proposed contract for\n\nadditional review. The Attorney General and the Office of\n\nManagement and Enterprise Services shall have an additional fifteen-\n\nday period to approve the proposed contract and to execute the\n\ndocument. Failure of the Attorney General or the Director of the\n\nOffice of Management and Enterprise Services, respectively, to act\n\nwithin the fifteen-day period shall constitute approval of the\n\nrespective official to the proposed final version of the contract.\n\nThe contract shall contain a separate signature block or line for\n\nsignature by the Attorney General and the Office of Management and\n\nEnterprise Services. The contract shall contain a statement to be\n\nexecuted by the Attorney General and the Director of the Office of\n\nManagement and Enterprise Services that each one of them,\n\nrespectively, has reviewed the proposed contract for compliance with\n\nthe provisions of this section and Section 561.1 of this title, and\n\nall other applicable provisions of law and that the contract\n\nconforms with those requirements. Neither the private prison\n\ncontractor nor the State Board of Corrections shall execute the\n\ncontract until the document has been executed by the Attorney\n\nGeneral and the Director of the Office of Management and Enterprise\n\nServices as required by this subsection unless the approval of the\n\nrespective official has been made as a result of failure to take\n\naction within the fifteen-day period prescribed by this subsection.\n\nK. The Director of the Office of Management and Enterprise\n\nServices is authorized to lease real property and improvements\n\nthereon to a private prison contractor in conjunction with a\n\ncontract for private management of a state correctional institution\n\nlocated or to be built on the property. Said lease may be entered\n\ninto for one (1) year periods, renewable at the sole option of the\n\nState of Oklahoma, but not to exceed a cumulative period of fifty\n\n(50) years.\n\nL. Contracts awarded to private prison contractors pursuant to\n\nthe provisions of this section shall be entered into for a period\n\nspecified in each contract, subject to availability of funds\n\nannually appropriated by the Legislature for that purpose. No\n\ncontract awarded pursuant to this section shall provide for the\n\nencumbrance of funds beyond the amount available for a fiscal year.\n\nM. No contract authorized by the provisions of this section\n\nshall be awarded until the private prison contractor demonstrates to\n\nthe satisfaction of the State Board of Corrections:\n\n1. That the contractor possesses the necessary qualifications\n\nand experience to provide the services specified in the contract;\n\n2. That the contractor can provide the necessary qualified\n\npersonnel to implement 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 contractor has the ability to comply with\n\napplicable court orders and corrections standards; and\n\n5. That, in the case of a contractor who will be providing the\n\nservices in a nondepartmental facility operated by said contractor,\nrsonnel to implement 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 contractor has the ability to comply with\n\napplicable court orders and corrections standards; and\n\n5. That, in the case of a contractor who will be providing the\n\nservices in a nondepartmental facility operated by said contractor,\n\nthe contractor shall be able to meet accreditation standards and\n\nreceive accreditation, as required by the terms of the contract\n\npursuant to subsection C of Section 561.1 of this title.\n\nN. No contract authorized by the provisions of this section\n\nshall be awarded until the private prison contractor demonstrates to\n\nthe satisfaction of the Board that the contractor can obtain\n\ninsurance or provide self-insurance to:\n\n1. Indemnify the state against possible lawsuits arising from\n\nthe operation of prison facilities by the contractor; and\n\n2. Compensate the state for any property damage or expenses\n\nincurred due to the operation of prison facilities.\n\nO. A private prison contractor shall not be bound by state laws\n\nor other legislative enactments governing the appointment,\n\nqualifications, duties, salaries, or benefits of wardens,\n\nsuperintendents, or other correctional employees, except that any\n\npersonnel authorized 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 a felony, to prevent escape from custody,\n\nor to prevent an act which would cause death or serious bodily\n\ninjury to the personnel or to another person.\n\nP. Any offense which would be a crime if committed within a\n\nstate correctional institution also shall be a crime if committed in\n\nan institution or facility operated by a private prison contractor.\n\nQ. The Director or his designee shall monitor the performance\n\nof the contractor.","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":"8712e853934e0e077e988b30664b503077721bef6fae2d02310ad6579d55e8de","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-57-57-560","next":"us-ok/okla.-stat.-tit.-57-57-561.1"},"notice":"GroundRules: Original legal text. Not legal advice."}