SECTION 170:15-9-1. Federal and out of state inmates

(a)   A private prison contractor under the provisions of OS 57-563.2. may be approved to house inmates under federal jurisdiction or inmates from an out of state jurisdiction.

(b)   The State of Oklahoma shall not assume jurisdiction or custody of federal or out of state inmates.

(c)   If an inmate is to be released, discharged, placed on probation or paroled, the sending state or federal jurisdiction will make arrangements to transfer the inmate back to the respective legal authority.

(d)   Federal inmates or inmates from out of state shall not be allowed to leave the premises of the facility except to comply with a court order, receive medical care or work in approved minimum-security public works projects. To gain approval of minimum-security public works projects, contractors must follow the conditions listed below.

(1)   The public works project is in or adjacent to the county or municipality in which the facility is located.

(2)   Security procedures will ensure the safety of the public and the Department of Corrections has approved the procedures. Complete security procedures including post orders, supervision requirements, and transportation procedures will be reviewed by the Department of Corrections prior to approval of minimum-security work crews operating in the community or outside private prison property.

(3)   The Department of Corrections and county or municipal authorities approve the public works project.

(4)   The private contractor has procured and has in force liability insurance in the amount of $1,000,000 per incident. This liability insurance shall cover any loss resulting in participation in said project for any injuries occurring to inmates or employees.

(5)   Use of federal inmates for public works projects will be in strict compliance with the provisions of Section 4002 of Title 18 of the United States Code and other applicable provisions of federal law.

(e)   Unless federal custody status is specified, security level restrictions shall refer to the security level restrictions applicable to inmates in institutions within the Department of Corrections, as determined by policy of the Department of Corrections, unless the Department of Corrections approves more restrictive levels of security as prescribed by the private prison contractor. Private prison contractors housing federal inmates or inmates of another state shall be bound by department approved security level classifications.

(f)   A private prison contractor shall not house inmates from this state with federal inmates or inmates from another state, unless segregated or otherwise housed in such a manner as to satisfy the Director of the Department of Corrections.

(g)   A private prison contractor housing federal inmates or inmates of another state shall not accept any of the following inmates except as provided for in statute:

(1)   An inmate who would be incarcerated in the facility for conviction of a misdemeanor, unless incarceration in the facility is consistent with American Correctional Association requirements and as determined by Oklahoma Department of Corrections Sentence Administration.

(2)   Any maximum-security level inmate as determined by Department of Corrections classification standards.

(3)   Any inmates with an escape history.

(4)   Any inmate with a capital conviction.

(5)   Any inmate with a sex-related conviction.

(h)   This state shall not be liable for loss resulting from the acts of such inmates, employees, officers, citizens or other individuals nor shall this state be liable for any injuries to the inmates.

(i)   The private prison contractors shall be responsible for all costs and expenses arising from legal actions against the state of Oklahoma including court costs, sheriff mileage fees, witness fees, district attorney expenses, expenses of the office of Attorney General, Legal Division of the Oklahoma Department of Corrections, indigent or public defender fees and costs, judicial expenses, court reporter expenses and any other costs, fees or expenses associated with the proceedings or actions.

(j)   Section 2 of Article 73 of the Oklahoma Constitution limits the use of inmate labor by agencies or sources other than the Oklahoma Department of Corrections to PPW and makes violation of this law a crime. Private prison contractors shall submit inmate work plans to the Private Prison Administration to review for compliance with this law.

[Source: Added at 22 Ok Reg 2350, eff 7-11-05]