{"data":{"id":"us-ok/okla.-stat.-tit.-57-57-563.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 57, § 57-563.2","heading":"Private prison facilities for inmates","body":"A. Except as provided for in subsection B of this section, a\n\nprivate prison contractor may contract with the federal government\n\nor another state to provide for housing, care and control of\n\ninmates, as provided in this section, who are in the custody of the\n\nUnited States or another state, except for inmates who have\n\nhistories of escape from medium or maximum security level\n\ncorrectional facilities for adults, who have a felony conviction for\n\nrioting, who are sentenced to terms of incarceration for conviction\n\nof a sex-related offense, or who are incarcerated with a sentence of\n\ndeath, within a facility owned or operated by the private prison\n\ncontractor. Private prison contractors shall not provide for the\n\nhousing, care and control of detainees designated as enemy\n\ncombatants by the federal government, or who are under federal,\n\nstate or local investigation, charge, or conviction for crimes of\n\ninternational terrorism or conspiracy to commit international\n\nterrorism or acts of hostile aggression against the United States or\n\nallies of the United States. Such private prison contractor may\n\nperform other functions related to such responsibilities.\n\nB. A private prison contractor operating a facility on January\n\n1, 2004, at twenty-five percent (25%) or less capacity may contract\n\nwith the federal government or another state to provide for housing,\n\ncare and control of inmates provided the facility would be allowed\n\nto house the same type of inmates if contracting with this state.\n\nC. Any offense which would be a crime if committed within a\n\nstate correctional institution of this state shall be a crime if\n\ncommitted in a facility owned or operated by a private prison\n\ncontractor.\n\nD. 1. A private prison contractor shall not employ any\n\npersonnel convicted of a felony if the person has been incarcerated\n\nin the private prison facility for which an application for\n\nemployment is being considered; provided, a private prison\n\ncontractor may employ personnel convicted of drug-related felonies\n\nwho have been rehabilitated for programs for drug or other substance\n\nabuse rehabilitation for inmates of the facility.\n\n2. Any personnel of a facility owned or operated by a private\n\nprison contractor, except any person convicted of a felony offense,\n\nshall be authorized to carry and use firearms while in the\n\nperformance of their official duties only in the manner provided in\n\nthis subsection and only after completing training approved by the\n\nCouncil on Law Enforcement Education and Training. The Council on\n\nLaw Enforcement Education and Training may charge a reasonable fee\n\nfor its cost of evaluating firearms training for private prison\n\npersonnel. Private prison personnel shall only be authorized to use\n\nfirearms for the following purposes:\n\na. to prevent escape from the facility or from custody\n\nwhile being transported to or from the facility. As\n\nused in this paragraph, \"to prevent escape from the\n\nfacility\" means to prevent an incarcerated individual\n\nfrom crossing the secure perimeter of the facility, or\n\nb. to prevent an act which would cause death or serious\n\nbodily injury to any person.\n\n3. The Department of Corrections is authorized to provide\n\ntraining to personnel of the private prison contractor, pursuant to\n\ncontract. The Department of Corrections shall charge a reasonable\n\nfee for the training, not to exceed the cost of such training. The\n\nprovisions of this subsection shall not be construed to confer peace\n\nofficer status upon any employee of the private prison contractor or\n\nto authorize the use of firearms, except as provided in this\n\nsubsection.\n\n4. All private prisons operating in this state shall prepare a\n\nwritten emergency plan and mutual aid agreement between the private\n\nprison facility and state and local law enforcement agencies,\n\nincluding the Department of Corrections and the Department of Public\n\nSafety.\nn any employee of the private prison contractor or\n\nto authorize the use of firearms, except as provided in this\n\nsubsection.\n\n4. All private prisons operating in this state shall prepare a\n\nwritten emergency plan and mutual aid agreement between the private\n\nprison facility and state and local law enforcement agencies,\n\nincluding the Department of Corrections and the Department of Public\n\nSafety.\n\n5. If an inmate escapes from the facility, or in the event of\n\nany riot or other serious disturbance, personnel from the facility\n\nimmediately shall inform the Department of Corrections, the\n\nDepartment of Public Safety, the county sheriff and, if the facility\n\nis located within the boundaries of a municipality, the police\n\ndepartment of the municipality.\n\n6. The Department of Corrections shall designate facilities\n\noperated by the Department to provide support in the event of a\n\nriot, escape or other serious emergency. Personnel from the\n\nfacility shall inform the Department of Corrections, pursuant to\n\nDepartment policy, if there is any incident. The Department of\n\nCorrections is directed to respond on behalf of public safety of\n\nthis state. The private prison contractor shall provide the\n\nDepartment of Corrections access to the facility and secure facility\n\nspace to establish a command post, including provisions for\n\ntelephone and fax access. Any emergency response provided by any\n\nstate or local law enforcement agency shall be at the sole expense\n\nof the private prison contractor/operator. Each responding agency\n\nshall submit a written invoice detailing costs incurred which shall\n\nbe paid within thirty (30) days of receipt by the private prison\n\ncontractor/operator.\n\nE. If an inmate is to be released or discharged from\n\nincarceration, is released or discharged by any court order, is to\n\nbe placed on probation, is paroled, or if the federal government or\n\nsending state requests transfer or the return of the inmate, the\n\nprivate prison contractor immediately shall transfer or return the\n\ninmate to the sending state which has legal authority over the\n\nsentence or, in the case of federal inmates, to the closest federal\n\nprison or to the federal authority of the state in which federal\n\ncustody over the inmate originated.\n\nF. A private prison contractor housing federal inmates from\n\njurisdictions other than Oklahoma, or inmates sentenced pursuant to\n\nthe legal authority of another state, shall not allow any such\n\ninmate to leave the premises of the facility, except to comply with\n\nan order to appear in a court of competent jurisdiction, to receive\n\nmedical care not available at the facility, to work as provided in\n\nsubsection G of this section, or to return or be transferred to\n\nanother state as provided by the provisions of subsection E of this\n\nsection.\n\nG. A private prison contractor may allow minimum security\n\ninmate labor to be used in public works projects provided all of the\n\nfollowing conditions are satisfied:\n\n1. The public works project must be in and for the county where\n\nthe private prison is located or a county adjacent to the county\n\nwhere the private prison is located, or in and for a municipality in\n\nthe county where the private prison is located or an adjacent\n\ncounty;\n\n2. The private prison contractor has developed security\n\nprocedures which will ensure the safety of the public and the\n\nDepartment of Corrections has approved such procedures;\n\n3. The public works project has been authorized by the\n\nDepartment of Corrections and the county or municipal authorities\n\nwhere the public works project is located;\n\n4. The private prison contractor has procured and has in force\n\nand effect a policy of liability insurance which will provide\n\ncoverage in an amount determined by the Department of Corrections\n\nfor any loss resulting from the acts or omissions of inmates\nroject has been authorized by the\n\nDepartment of Corrections and the county or municipal authorities\n\nwhere the public works project is located;\n\n4. The private prison contractor has procured and has in force\n\nand effect a policy of liability insurance which will provide\n\ncoverage in an amount determined by the Department of Corrections\n\nfor any loss resulting from the acts or omissions of inmates\n\nparticipating in such project or employees of the private prison\n\ncontractor and for any injuries occurring to the inmates or\n\nemployees; and\n\n5. The use of federal inmates for public works projects will be\n\nin strict compliance with the provisions of Section 4002 of Title 18\n\nof the United States Code and any other applicable provisions of\n\nfederal law.\n\nH. A private prison contractor housing federal inmates or\n\ninmates of another state shall be responsible for the reimbursement\n\nof all reasonable costs and expenses incurred by this state or a\n\npolitical subdivision of this state for legal actions brought in\n\nthis state by or on behalf of any federal inmate or inmate of\n\nanother state while incarcerated in the facility, including court\n\ncosts, sheriff mileage fees, witness fees, district attorney\n\nexpenses, expenses of the office of Attorney General, indigent or\n\npublic defender fees and costs, judicial expenses, court reporter\n\nexpenses and any other costs, fees, or expenses associated with the\n\nproceedings or actions.\n\nI. A private prison contractor shall not house inmates from\n\nthis state with federal inmates or inmates from another state,\n\nunless segregated or otherwise housed in such a manner as to satisfy\n\nthe Director of the Department of Corrections.\n\nJ. The State of Oklahoma shall not assume jurisdiction or\n\ncustody of any federal inmate or inmate from another state housed in\n\na facility owned or operated by a private prison contractor. Such\n\ninmates from another state shall at all times be subject to the\n\njurisdiction of that state and federal inmates shall at all times be\n\nsubject to federal jurisdiction. This state shall not be liable for\n\nloss resulting from the acts of such inmates nor shall this state be\n\nliable for any injuries to the inmates.\n\nK. Prior to contracting for the housing of any federal inmate\n\nor inmate from another state, the private prison contractor shall\n\ngive the Department of Corrections first right to contract for\n\nplacement of inmates under the custody of the Department of\n\nCorrections in the available capacity of the private prison\n\nfacility.\n\nL. Prior to housing maximum security inmates in the custody of\n\nthe United States or another state, the private prison contractor\n\nshall receive authorization from the Department of Corrections to\n\nhouse maximum security inmates at the facility. Authorization\n\ngranted by the Department of Corrections shall be based on facility\n\ndesign and physical plant security requirements consistent with\n\nstandards established by the American Correctional Association or\n\nthe physical plant security requirements of the Department at\n\nDepartment-operated maximum security facilities. Upon request by a\n\nprivate prison contractor for all or a part of a facility to be\n\ngranted authorization to house maximum security inmates, the\n\nDepartment shall complete an assessment within thirty (30) days.\n\nThe assessment shall either result in authorization being granted to\n\nthe private prison contractor or shall provide detailed requirements\n\nthat shall be met by the facility in order for authorization to be\n\ngranted.\n\nM. At least ten (10) business days prior to the transfer of\n\ninmates who are in the custody of the United States or another state\n\nto a private prison facility operating in the State of Oklahoma, the\n\nprivate prison contractor shall provide the Department of\n\nCorrections with the following information:\n\n1. The number of inmates to be transferred;\n\n2. The name of each inmate to be transferred;\ned.\n\nM. At least ten (10) business days prior to the transfer of\n\ninmates who are in the custody of the United States or another state\n\nto a private prison facility operating in the State of Oklahoma, the\n\nprivate prison contractor shall provide the Department of\n\nCorrections with the following information:\n\n1. The number of inmates to be transferred;\n\n2. The name of each inmate to be transferred;\n\n3. The date of transfer of the inmate;\n\n4. The security level of each inmate to be transferred, as\n\ndetermined by the sentencing state;\n\n5. The facility to which the inmate shall be transferred; and\n\n6. The criminal history and institutional behavioral record for\n\neach inmate.\n\nThe information provided pursuant to this subsection shall not\n\nbe public record until the transfer of the inmate is complete. The\n\nrecords shall thereafter be made public only to the extent required\n\nby state law.\n\nN. The Department of Corrections shall have thirty (30) days\n\nafter receipt of the information required in accordance with\n\nsubsection M of this section to determine whether an inmate\n\ntransferred to a private prison facility is compliant with the\n\nconditions of subsection A or B of this section. If the Department\n\ndetermines that an inmate housed at a private prison facility is not\n\ncompliant with the conditions provided for in subsection A or B of\n\nthis section, the Department shall notify the private prison\n\ncontractor. Notification by the Department shall include the name\n\nof the inmate and reason why the inmate does not qualify to be\n\nhoused at the facility to which the inmate has been transferred or\n\nhoused within the State of Oklahoma. The private prison contractor\n\nshall either provide supplemental information verifying compliance\n\nwith subsection A or B of this section, or shall transfer the inmate\n\nout of the State of Oklahoma within thirty (30) days of receiving\n\nsaid notification from the Department. Failure of the Department to\n\nreview the inmate information provided pursuant to subsection M of\n\nthis section shall not prevent the transfer of inmates into the\n\nState of Oklahoma for housing at a private prison facility.\n\nO. The provisions of subsection A, paragraphs 1, 2, 3, 4 and 6\n\nof subsection D, paragraphs 2, 3, 5 and 6 of subsection M and\n\nsubsection N of this section shall not apply to a private prison\n\ncontractor that has a direct contract with the Federal Bureau of\n\nPrisons of the United States Department of Justice for a facility\n\nthat houses federal inmates and is monitored on-site by federal\n\nagency staff.","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":"e31bf723f08c096b766c73b102becf86bd0737d5804a6c075ccf55008b1ac58b","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-57-57-563.1","next":"us-ok/okla.-stat.-tit.-57-57-563.3"},"notice":"GroundRules: Original legal text. Not legal advice."}