{"data":{"id":"us-ok/okla.-stat.-tit.-57-57-563.3","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 57, § 57-563.3","heading":"Private prison contractors not having contract with","body":"Department of Corrections which house federal inmates or inmates of\n\nanother state.\n\nA. All private prison contractors and vendors operating in\n\nOklahoma shall provide construction plans to the Department of\n\nCorrections for approval prior to commencement of construction of\n\nany new physical plant or addition to existing facilities. Approval\n\nshall be based on applicable American Correctional Association\n\nconstruction standards. Any private prison contractor or vendor\n\nthat fails to comply with the requirements of this subsection shall\n\nbe penalized according to the provisions of subsection E of this\n\nsection.\n\nB. A private prison contractor which does not have a contract\n\nwith the Department of Corrections, but which houses federal inmates\n\nor inmates of another state, within two (2) months of commencing\n\noperations and thereafter as required by the Department of\n\nCorrections, shall:\n\n1. Obtain from the Department of Corrections approval of all\n\nemergency response plans and the internal and perimeter security of\n\nthe facility of the private prison contractor. All emergency plans\n\nfor the private prison facility shall be approved by the Department\n\nof Corrections annually on July 1 and within thirty (30) days of any\n\nsubsequent change or modification to any plan. Such approval shall\n\nbe given only if the Director of the Department of Corrections\n\ndetermines that the security and emergency response plan are\n\nadequate to protect the public;\n\n2. Show, to the satisfaction of the Department of Corrections,\n\nthat adequate food, housing and medical care shall be available for\n\ninmates, that the facility will have the necessary qualified\n\npersonnel to operate the facility, that the financial condition of\n\nthe private prison contractor is such that the facility can be\n\noperated adequately, and that the facility has the ability to comply\n\nwith applicable court orders and American Correctional Association\n\nstandards;\n\n3. Furnish to the Department of Corrections satisfactory proof\n\nthat the private prison contractor has obtained insurance or is\n\nself-insured, in such a manner and in such an amount as the Director\n\nof the Department of Corrections, after consulting with the Risk\n\nManagement Administration, may deem necessary and adequate to\n\nreimburse this state or a political subdivision of this state, for\n\nexpenses arising from any incident which occurs at said prison or\n\nwhich requires intervention by this state or a political subdivision\n\nof this state. Such insurance, in addition, shall be in an amount\n\nsufficient to indemnify this state and its officers and employees,\n\nfor any liability or other loss, including property damage,\n\njudgments, costs, attorney fees or other expenses arising from the\n\noperation of the facility, and such facility shall in any event and\n\nregardless of the amount of insurance available indemnify and hold\n\nharmless this state and its officers and employees, for any and all\n\nacts of prison inmates, and/or all officers, employees and\n\nstockholders of such private prison contractor for any liability\n\narising out of acts of said inmates, officers, employees and\n\nstockholders of such private prison contractor in relation to the\n\noperation of the facility. The insurance required by this paragraph\n\nshall not provide coverage for more than one facility. If the\n\nprivate prison contractor owns or operates more than one facility,\n\nseparate insurance coverage shall be obtained or provided for each\n\nfacility;\n\n4. Obtain written authorization from the governing board of any\n\nmunicipality in which the facility is to be located, or if the\n\nfacility is not to be located within a municipality, written\n\nauthorization from the board of county commissioners of the county\n\nin which the facility is to be located; and\n\n5. Ensure every employee or prospective employee of the private\n\nprison contractor has submitted through the Department of\nation from the governing board of any\n\nmunicipality in which the facility is to be located, or if the\n\nfacility is not to be located within a municipality, written\n\nauthorization from the board of county commissioners of the county\n\nin which the facility is to be located; and\n\n5. Ensure every employee or prospective employee of the private\n\nprison contractor has submitted through the Department of\n\nCorrections a national criminal history records check, as defined by\n\nSection 150.9 of Title 74 of the Oklahoma Statutes. The private\n\nprison contractor is hereby authorized to reimburse employees for\n\nthe cost of the search. The record required by this paragraph shall\n\ninclude the name of the person, whether or not said person has been\n\nconvicted of any felony offense, a list of any felony convictions,\n\nand the dates of such convictions. The search records from national\n\ncriminal history records checks shall be maintained by the\n\nDepartment of Corrections. The Department of Corrections shall not\n\ndisseminate any national criminal history records information to a\n\nprivate entity.\n\nC. A private prison contractor which does not have a contract\n\nwith the Department of Corrections, but which houses federal inmates\n\nor inmates of another state shall attain accreditation by the\n\nAmerican Correctional Association within three (3) years of\n\ncommencing operation of the facility and thereafter shall maintain\n\nsuch accreditation.\n\nD. The Department of Corrections shall monitor the performance\n\nof the private prison contractor and the continued compliance of the\n\nprivate prison contractor with the provisions of this section and\n\nSection 563.2 of this title. If at any time after commencing\n\noperations, a private prison contractor, that is subject to the\n\nprovisions of subsection B of this section, fails to comply with any\n\nof said provisions, the Director of the Department of Corrections\n\nmay order the facility to cease operations. If a private prison\n\ncontractor fails to attain or maintain the accreditation required by\n\nsubsection C of this section, the Director of the Department of\n\nCorrections shall order the facility to take corrective action\n\npursuant to the Department of Corrections monitoring plan and, if\n\ncorrective action is not pursued with due diligence, shall order the\n\nfacility to cease operations. This order may be enforced by\n\ninjunction issued by a district court of this state.\n\nE. If the requirements provided for in this section are not\n\nfollowed, the Director may recommend that the State Board of\n\nCorrections assess the private prison contractor at least one-half\n\n(1/2) the per diem rate up to but not to exceed the full per diem\n\nrate paid by the jurisdiction or jurisdictions to the private prison\n\ncontractor for the period of time a violation of subsection A of\n\nthis section continues and is not corrected with due diligence or\n\nwhen the Department of Corrections has identified other physical\n\nplant security deficiencies based on American Correctional\n\nAssociation standards and such deficiencies continue and are not\n\ncorrected with due diligence. The penalty provided for in this\n\nsubsection shall not preclude the Director from ordering the\n\nfacility to cease operations.\n\nF. The Department of Corrections may charge the private prison\n\ncontractor a reasonable fee for any services provided by the\n\nDepartment staff to include, but not limited to, the costs of\n\nmonitoring compliance with the provisions of paragraphs 1 and 2 of\n\nsubsection B of this section. The fee shall not exceed the cost\n\nincurred in performing the monitoring.\n\nG. The Department of Corrections shall promulgate and adopt\n\nrules for the implementation of this section.\n\nH. All fees collected by the Department of Corrections pursuant\n\nto this section shall be deposited with the State Treasurer to the\n\ncredit of the Department of Corrections Revolving Fund.\nubsection B of this section. The fee shall not exceed the cost\n\nincurred in performing the monitoring.\n\nG. The Department of Corrections shall promulgate and adopt\n\nrules for the implementation of this section.\n\nH. All fees collected by the Department of Corrections pursuant\n\nto this section shall be deposited with the State Treasurer to the\n\ncredit of the Department of Corrections Revolving Fund.\n\nI. The provisions of subsections B through H of this section\n\nshall not apply to a private prison contractor that has a direct\n\ncontract with the Federal Bureau of Prisons of the United States\n\nDepartment of Justice for a facility that houses federal inmates and\n\nis monitored on-site by federal agency 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":"f07cdcdf418221df9ce96e32be135b052a4185587060d8bd86a032f405742325","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-57-57-563.2","next":"us-ok/okla.-stat.-tit.-57-57-563.4"},"notice":"GroundRules: Original legal text. Not legal advice."}