Okla. Stat. tit. 57, § 57-561

department facilities - Services offered - Standards - Private

prison contractors.

A. The Department of Corrections is hereby authorized to

provide for incarceration, supervision, and residential treatment at

facilities other than those operated by the Department of

Corrections. Services offered for persons under the custody or

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supervision of the Department are to include, but not be limited to,

housing, alcoholism or drug treatment, mental health services,

nursing home care, or halfway house placement. Such services must

meet standards prescribed and established by the State Board of

Corrections for implementing such a program, including but not

limited to standards concerning internal and perimeter security,

discipline of inmates, educational and vocational training programs,

employment of inmates, and proper food, clothing, housing, and

medical care. Such services must be contracted for in accordance

with Section 85.7 of Title 74 of the Oklahoma Statutes. Such

services, if provided by private prison contractors, shall be

contracted for as required by this section.

B. The Department of Corrections is authorized to lease

existing facilities or portions thereof from private prison

contractors, counties or other governmental entities and operate

such facilities or portions thereof in the same manner as other

state owned and operated prison facilities. All lease agreements

entered into pursuant to this section shall be negotiated between

the Department and the lessor. The Office of Management and

Enterprise Services shall assist in the negotiations if requested by

the Department of Corrections.

C. Subject to the requirements of this section and Section

561.1 of this title, the Department of Corrections is hereby

authorized to provide for the construction or operation or both

construction and operation of correctional institutions of the

Department of Corrections by private prison contractors. Such

operation shall meet standards prescribed by the State Board of

Corrections, including but not limited to, standards concerning

internal and perimeter security, discipline of inmates, educational

and vocational training programs, and proper food, clothing,

housing, transportation, and medical care. Such services shall be

contracted for in accordance with the provisions of Section 561.1 of

this title and the provisions of this section.

D. A comprehensive file for all private prison contractors

interested in and capable of operating an institution within the

Department of Corrections or providing for the housing, care, and

control of inmates in a facility owned and operated by the

contractor shall be maintained by the Department. These files shall

include:

1. A completed application form;

2. A resume of the contractor's staff and capability;

3. A completed performance evaluation form for past projects on

which the contractor has provided private prison services;

4. A list of past contracts with this state;

5. A list of contracts to provide similar services to other

states or to the United States; and

6. The mailing address of each private prison contractor.

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Any person or firm wishing to be a private prison contractor may

request at any time to be included in the comprehensive file, and

shall be provided necessary forms within twenty (20) days of the

request and the Department shall add such contractor to the list

within twenty (20) days of receipt of a properly completed

application.

The Department may solicit evaluation of work done by private

prison contractors from members of the private sector, which

evaluation shall be part of the comprehensive file.

E. If the Department intends to secure the services of a

private prison contractor, all persons and firms included in the

file shall be notified through the mail of such intent. Such
f a properly completed

application.

The Department may solicit evaluation of work done by private

prison contractors from members of the private sector, which

evaluation shall be part of the comprehensive file.

E. If the Department intends to secure the services of a

private prison contractor, all persons and firms included in the

file shall be notified through the mail of such intent. Such

notification shall contain the following information:

1. Description and scope of the project or projects;

2. Estimated time schedule for project;

3. Last date for submitting notice of interest in performing

services to the Director; and

4. Other pertinent data.

Private prison contractors desiring consideration shall meet the

requirements of this section and to be considered shall submit a

letter expressing interest in the project to the Department within

thirty (30) days of the postmark date of the letter of notification

mailed by the Department. Contractors shall file an updated

application form at the request of the Department.

F. The Department shall define the scope of a proposed project,

determine the various project components, phases and timetables, and

prepare detailed project descriptions to guide prospective

contractors. Before the Department awards a contract to a private

prison contractor, the plans shall be approved by the State Board of

Corrections.

G. The Department shall review the files of the private prison

contractors desiring consideration for the project. After

performing the analysis required by Section 561.1 of this title, the

Department shall select no less than three and no more than five

contractors for more detailed consideration. In the event

interviews for more than one contract are being considered at the

same time, the number of contractors selected for more detailed

consideration should be at least twice the number of contracts

contemplated. This initial screening should consider the

requirements of the project, as well as the following factors to be

determined from the comprehensive file, and replies to inquiries to

former clients:

1. Specialized experience in the type of work contemplated;

2. Capacity of the contractor to accomplish the work in the

required time; and

3. Past performance, from the performance evaluation form.

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H. A full report of the evaluation procedures and

recommendations of the Department shall be prepared by the

Department and submitted to the State Board of Corrections for the

independent review of the entire process.

I. 1. The Department shall select the contractor whose

qualifications and project proposal most substantially meet the

criteria of the project description.

2. The Department shall execute the contract with the selected

contractor, which contract shall include a fair and reasonable fee.

3. The negotiated scope and fee shall be reported to the Board

for the approval of the award of the contract.

J. The Office of Management and Enterprise Services shall

render assistance to the Department of Corrections in implementing

the contracting procedures provided for in this section. The Office

of Management and Enterprise Services may have a representative at

any meeting involving negotiations of a contract between the

Department and a private prison contractor. Before submission of

the proposed contract to the Council on Bond Oversight, and prior to

the date as of which the proposed contract is executed by the State

Board of Corrections, the Attorney General and the Director of the

Office of Management and Enterprise Services shall review the

proposed final version of the contract. The Attorney General and

the Director of the Office of Management and Enterprise Services

shall have a period of fifteen (15) days from receipt of the

proposed final version of the contract to approve the contract and
e State

Board of Corrections, the Attorney General and the Director of the

Office of Management and Enterprise Services shall review the

proposed final version of the contract. The Attorney General and

the Director of the Office of Management and Enterprise Services

shall have a period of fifteen (15) days from receipt of the

proposed final version of the contract to approve the contract and

execute the document. If either the Attorney General or the

Director of the Office of Management and Enterprise Services has

objections to the proposed contract, the objections shall be

communicated in writing to the Department of Corrections. The

Department of Corrections shall take appropriate action regarding

the objections and shall resubmit the proposed contract for

additional review. The Attorney General and the Office of

Management and Enterprise Services shall have an additional fifteen-

day period to approve the proposed contract and to execute the

document. Failure of the Attorney General or the Director of the

Office of Management and Enterprise Services, respectively, to act

within the fifteen-day period shall constitute approval of the

respective official to the proposed final version of the contract.

The contract shall contain a separate signature block or line for

signature by the Attorney General and the Office of Management and

Enterprise Services. The contract shall contain a statement to be

executed by the Attorney General and the Director of the Office of

Management and Enterprise Services that each one of them,

respectively, has reviewed the proposed contract for compliance with

the provisions of this section and Section 561.1 of this title, and

all other applicable provisions of law and that the contract

conforms with those requirements. Neither the private prison

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contractor nor the State Board of Corrections shall execute the

contract until the document has been executed by the Attorney

General and the Director of the Office of Management and Enterprise

Services as required by this subsection unless the approval of the

respective official has been made as a result of failure to take

action within the fifteen-day period prescribed by this subsection.

K. The Director of the Office of Management and Enterprise

Services is authorized to lease real property and improvements

thereon to a private prison contractor in conjunction with a

contract for private management of a state correctional institution

located or to be built on the property. Said lease may be entered

into for one (1) year periods, renewable at the sole option of the

State of Oklahoma, but not to exceed a cumulative period of fifty

(50) years.

L. Contracts awarded to private prison contractors pursuant to

the provisions of this section shall be entered into for a period

specified in each contract, subject to availability of funds

annually appropriated by the Legislature for that purpose. No

contract awarded pursuant to this section shall provide for the

encumbrance of funds beyond the amount available for a fiscal year.

M. No contract authorized by the provisions of this section

shall be awarded until the private prison contractor demonstrates to

the satisfaction of the State Board of Corrections:

1. That the contractor possesses the necessary qualifications

and experience to provide the services specified in the contract;

2. That the contractor can provide 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;

4. That the contractor has the ability to comply with

applicable court orders and corrections standards; and

5. That, in the case of a contractor who will be providing the

services in a nondepartmental facility operated by said contractor,
rsonnel 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;

4. That the contractor has the ability to comply with

applicable court orders and corrections standards; and

5. That, in the case of a contractor who will be providing the

services in a nondepartmental facility operated by said contractor,

the contractor shall be able to meet accreditation standards and

receive accreditation, as required by the terms of the contract

pursuant to subsection C of Section 561.1 of this title.

N. No contract authorized by the provisions of this section

shall be awarded until the private prison contractor demonstrates to

the satisfaction of the Board that the contractor can obtain

insurance or provide self-insurance to:

1. Indemnify the state against possible lawsuits arising from

the operation of prison facilities by the contractor; and

2. Compensate the state for any property damage or expenses

incurred due to the operation of prison facilities.

O. A private prison contractor shall not be bound by state laws

or other legislative enactments governing the appointment,

qualifications, duties, salaries, or benefits of wardens,

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superintendents, or other correctional employees, 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 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.

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

state correctional institution also shall be a crime if committed in

an institution or facility operated by a private prison contractor.

Q. The Director or his designee shall monitor the performance

of the contractor.