SECTION 170:15-3-2. Standards

(a)   The department shall use the latest American Correctional Association standards as amended and updated applicable statutes, codes, and procedures. The department audit team may function in compliance with audit team roles and responsibilities pursuant to the American Correctional Association protocol for audit teams.

(b)   The private prison administration shall monitor and evaluate the internal and perimeter security of the private prison contractor to ensure adequate protection of the public. Criteria for evaluation will include, but not be limited to facility post orders, applicable Department of Corrections Operations memoranda and American Correctional Association security standards. Specific areas audited during preliminary and subsequent quarterly / annual inspections are listed below.

(1)   Internal Security/Inmate Accountability Procedures

(A)   Frequency of Counts

(B)   Post Orders

(C)   Security Inspections

(D)   Key Control

(E)   Emergency Keys

(F)   Locking Mechanisms

(G)   Tool Control

(H)   Security Equipment

(I)   Inmate Physical Identification

(J)   Staff /Visitor Identification

(K)   Visitor Searches

(L)   Communication Devices

(M)   Contraband Control

(N)   Segregation Unit

(O)   Internal Patrols

(P)   Surveillance

(Q)   Intelligence program

(2)   External Security

(A)   Security Sensing Devices

(B)   Double Fences With Razor Wire Barriers

(C)   Sensing Devices

(D)   Perimeter and Emergency Lighting

(E)   Sally Ports/Gates

(F)   Video Surveillance

(G)   Transportation

(H)   External Patrols

(I)   Armory

(J)   Firearms/Chemical Agents

(K)   Fence and Footing Construction

(L)   Emergency Procedures

(c)   The private prison administration shall monitor and evaluate the food, housing, and medical care provided to the inmates. Food service menus shall meet average daily requirements and be certified by a registered dietician. Health care shall be equivalent to community department standards. Annual inspections by local and state authorities shall be conducted by the Office of the State Fire Marshal, State Health Department, State Boiler Inspector and other State agencies, where applicable. These inspections and subsequent corrective action shall be monitored for compliance to approved plans of action.

(d)   The private prison administration shall evaluate the private prison contractor to ensure sufficient, qualified personnel are able to deliver twenty-four hours care and supervision to the inmates, as well as administrative, treatment and support service personnel for the overall operation of the facility according to their staffing pattern, submitted and approved by the Department of Corrections.

(e)   The audit team shall evaluate the financial condition of the private prison contractor to ensure that the private prison can be operated adequately.

(f)   The audit team shall evaluate the private prison facility to ensure it has the capacity and ability to comply with court orders.

(g)   The audit team shall evaluate the private prison facility to ensure it has the capacity and ability to comply with the American Correctional Association standards for accreditation within three years of commencing operation.

(h)   The audit team shall evaluate and certify that the private prison contractor has sufficient insurance to indemnify and reimburse the state or political subdivision for expenses arising from any incident which may occur that requires intervention by the state or political subdivision, and in addition to indemnify this state, its officers, and employees, for any liability or other loss, including property damage, judgments, costs, attorney fees, or other expenses arising from the operation of the facility. If the private prison contractor operates more than one facility, separate insurance coverage shall be obtained or provided for each facility.

(i)   The audit team shall evaluate and certify that the private prison contractor has,regardless of insurance or other indemnification, agreed to hold harmless this state and its officers and employees, for any and all acts of prison inmates, and/or officers, employees, and stockholders of such private prison contractor for any liability arising out of acts of prison inmates, officers, employees, and stockholders of the private prison contractor in relation to the operation of the facility.

(j)   The audit team shall certify that written authorization for the private prison has been received from the governing board of the municipality or board of county commissioners, as applicable, where the prison is to be located. Furthermore, the authorizing authority, shall certify the prison location is more than one mile from the nearest public or private elementary school or secondary school.

(k)   The audit team shall certify that felony record searches will be conducted before employment for new employees, and yearly thereafter for current employees. Searches will be based upon fingerprints and shall be conducted through the Oklahoma State Bureau of Investigation and the Federal Bureau of Investigation.

(l)   The process for determining security classification level of inmates as referenced in 57 O.S., Section 563.2.J shall be those found in the department operations policies and memoranda security and classification sections. Copies of the operations policy and memoranda may be obtained from the Department of Corrections web site, www.doc.state.ok.us. A private prison contractor operating a facility on January 1, 2004, at twenty-five percent (25%) or less capacity may contract with the federal government or another state to provide housing, care and control of minimum or medium security level inmates provided the facility would be allowed to house the same type of inmates if contracting with this state.

(m)   The private prison administration shall review and evaluate instruction and training of personnel authorized to use firearms, pursuant to Title 70 Section 3311, in the performance of their duties and responsibilities. The training must follow the approved Council of Law Enforcement Education and Training guidelines.

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