Okla. Stat. tit. 11, § 11-34-105

Department of Corrections or private prison contractor.

A. The governing body of any city or town is authorized to

enter into professional services contracts with the State Department

of Corrections for the housing of state prisoners in any facility

approved by the State Department of Corrections or private

contractors for the management and operation of any jail owned by

the city or town or for the incarceration of inmates in facilities

owned and operated by the city or town. Such services shall meet any

standards prescribed and established for jails in this state,

including but not limited to standards concerning internal and

perimeter security, discipline of inmates, employment of inmates,

and proper food, clothing, housing, and medical care. Contracting

procedures shall be pursuant to municipal ordinances. Said

contracts shall be entered into for a period not to exceed fifty

(50) years, subject to annual appropriation by the governing body of

the city or town. Said contracts shall be valid for a fiscal year

only if the governing body of the city or town provides an

appropriation for the contract for the fiscal year.

B. Any contract between a city or town and private prison

contractor, whereby the contractor provides for the housing, care,

and control of inmates in a facility owned and operated by the

contractor, shall contain provisions granting the city or town the

option at the beginning of each fiscal year to purchase, at a

predetermined price any such facility.

C. No contract authorized by the provisions of this section

shall be awarded until the private contractor demonstrates to the

satisfaction of the governing body:

1. that the contractor has the necessary qualifications and

experience to provide the services specified in thecontract;

2. that the contractor has the necessary qualified personnel to

implement the terms of the contract;

3. that the financial condition of the contractor is such that

the terms of the contract can be fulfilled;

Oklahoma Statutes - Title 11. Cities and Towns Page 307

4. that the ability of the contractor to obtain insurance or

provide self-insurance to:

a. indemnify the city or town against possible

lawsuits arising from the operation of jail facilities by the

contractor, and

b. compensate the city or town for any property

damage or expenses incurred due to the operation of jail facilities;

and

5. that the contractor has the ability to comply with

applicable court orders and jail standards.

D. A person designated by the governing body of the city or

town shall monitor implementation of the contract.

E. A private contractor, in implementing a contract pursuant

to the provisions of this section, shall not be bound by state laws

or other legislative enactments which govern the appointment,

qualifications, duties, salaries or benefits of jailers or other

employees of the jail facilities, except that any personnel

authorized to carry and use firearms shall comply with the

certification standards required by the provisions of Section 3311

of Title 70 of the Oklahoma Statutes and be authorized to use

firearms only to prevent the commission of a felony, to prevent

escape from custody, or to prevent an act which would cause death or

serious bodily injury to the personnel or to another person.

F. Except as otherwise provided, any state law or municipal

ordinance governing municipal jails shall apply to jail facilities

operated by a private contractor.

G. Any offense which would be a crime if committed within a

municipal jail also shall be a crime if committed in a jail facility

operated by a private contractor.