SECTION 170:15-1-3. Definitions

  The following words or terms, when used in this Chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Audit team" means those persons who have been appointed to evaluate the private prison contractor on a quarterly and annual basis pursuant to these rules.

"Contract Monitor" means those persons who have been assigned to monitor compliance of the private prison contractors and to coordinate actions and communication between the department and the operator.

"Department" means the Oklahoma Department of Corrections, its facilities, divisions, offices, and institutions.

"Director" means the director of the Oklahoma Department of Corrections or designee.

"Operating Standards" means applicable federal, state and local laws, codes, regulations constitutional requirements, court orders, American Correctional Association and local standards, applicable Department of Corrections Policies.

"Prisoner, offender, inmate, or supervisee" means:

(A)   Any person who has been convicted of a felony and contracted to the housing, care, and control of a private prison contractor; and

(B)   Out of state or federal inmates who do not have a history of escape from maximum or medium security for adult facilities, as defined by Oklahoma law, and who do not have histories of rioting, and have not been convicted of a crime which would be a capital offense if committed in this state, or a sex-related offense, or who are sentenced to federal or state facilities for conviction of a misdemeanor, other than a sex-related offense, or who are under arrest or detained for federal felony or misdemeanor violations, or detained for a violation of immigration laws, within a facility owned or operated by the private prison contractor unless such incarceration in the facility is consistent with American Correctional Association requirements relating to incarceration of inmates convicted of more serious offenses, or unless subject to the exception made in 170:15-3-2 (l).

"Private prison administration" means the unit within the Oklahoma Department of Corrections assigned to exercise regulatory oversight of private prisons and private prison contractors.

"Private prison contractor" means:

(A)   A non-governmental entity or public trust, which pursuant to a contract with the Oklahoma Department of Corrections, operates an institution within the department or provides for the housing, care, and control of medium and or minimum security inmates and performs other functions related to said responsibilities within a minimum or medium security level facility not owned by the department, but operated by the contractor, or from other state jurisdictions; or

(B)   A non-governmental entity or public trust, which pursuant to a contract with the United States Government or another state, provides for the housing, care, and control of minimum or medium security inmates in the custody of the United States Government or another state, and performs other functions related to said responsibilities within a facility owned or operated by the contractor.

[Source: Added at 10 Ok Reg 2669, eff 7-1-93; Amended at 22 Ok Reg 2350, eff 7-11-05]