STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

HOUSE BILL 1437	By:	Cox

AS INTRODUCED

An Act relating to prisons and reformatories; amending 57 O.S. 2001, Section 37, as last amended by Section 7, Chapter 366, O.S.L. 2008 (57 O.S. Supp. 2010, Section 37), which relates to capacity of correctional facilities; giving sheriffs the sole discretion to determine inmate transfers; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     57 O.S. 2001, Section 37, as last amended by Section 7, Chapter 366, O.S.L. 2008 (57 O.S. Supp. 2010, Section 37), is amended to read as follows:
Section 37.  A.  If all correctional facilities reach maximum capacity and the Department of Corrections is required to contract for bed space to house state inmates, then the Pardon and Parole Board shall consider all nonviolent offenders for parole who are within six (6) months of their scheduled release from a penal facility.
B.  No inmate may be received by a penal facility from a county jail without first scheduling a transfer with the Department.  The sheriff or court clerk shall transmit by facsimile, electronic mail, or actual delivery a certified copy of the judgment and sentence certifying that the inmate is sentenced to the Department of Corrections.  The receipt of the certified copy of the judgment and sentence shall be certification that the sentencing court has entered a judgment and sentence and all other necessary commitment documents.  The Department of Corrections is authorized to determine the appropriate method of delivery from each county based on electronic or other capabilities.  Once the judgment and sentence is received by the Department of Corrections, the Department shall contact the sheriff when bed space is available to schedule the transfer and reception of the inmate into the Department.  The sheriff shall have the sole discretion to determine the order and manner in which an inmate shall be transferred from the county jail to the custody of the Department of Corrections.  
C.  When a county jail has reached its capacity of inmates as defined in Section 192 of Title 74 of the Oklahoma Statutes, then the county sheriff shall notify the Director of the Oklahoma Department of Corrections, or the Director’s designated representative, by facsimile, electronic mail, or actual delivery, that the county jail has reached or exceeded its capacity to hold inmates.  The notification shall include copies of any judgment and sentences not previously delivered as required by subsection B of this section.  Then within seventy-two (72) hours following such notification, the county sheriff shall transport the designated excess inmate or inmates to a penal facility designated by the Department.  The sheriff shall notify the Department of the transport of the inmate prior to the reception of the inmate.  The Department shall schedule the reception date and receive the inmate within seventy-two (72) hours of notification that the county jail is at capacity, unless other arrangements can be made with the sheriff.
D.  Once the judgment and sentence is transmitted to the Department of Corrections, the Department will be responsible for the cost of housing the inmate in the county jail from the date the sentence was ordered by the court until the date of transfer of the inmate from the county jail.  The cost of housing shall be the per diem rate specified in Section 38 of this title.  In the event the inmate has other criminal charges pending in another Oklahoma jurisdiction the Department shall be responsible for the housing costs while the inmate remains in the county jail awaiting transfer to another jurisdiction.  Once the inmate is transferred to another jurisdiction, the Department is not responsible for the housing cost of the inmate until such time that another judgment and sentence is received from another Oklahoma jurisdiction.  The sheriff shall be reimbursed by the Department for the cost of housing the inmate in one of two ways:
1.  The sheriff may submit invoices for the cost of housing the inmate on a monthly basis; or
2.  The sheriff may submit one invoice for the total amount due for the inmate after the Department has received the inmate.
SECTION 2.  This act shall become effective November 1, 2011.

53-1-5431	GRS	01/14/11