Okla. Stat. tit. 57, § 57-563.2

A. Except as provided for in subsection B of this section, a

private prison contractor may contract with the federal government

or another state to provide for housing, care and control of

inmates, as provided in this section, who are in the custody of the

United States or another state, except for inmates who have

histories of escape from medium or maximum security level

correctional facilities for adults, who have a felony conviction for

rioting, who are sentenced to terms of incarceration for conviction

of a sex-related offense, or who are incarcerated with a sentence of

death, within a facility owned or operated by the private prison

contractor. Private prison contractors shall not provide for the

housing, care and control of detainees designated as enemy

combatants by the federal government, or who are under federal,

state or local investigation, charge, or conviction for crimes of

international terrorism or conspiracy to commit international

terrorism or acts of hostile aggression against the United States or

allies of the United States. Such private prison contractor may

perform other functions related to such responsibilities.

B. 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 for housing,

Oklahoma Statutes - Title 57. Prisons and Reformatories Page 198

care and control of inmates provided the facility would be allowed

to house the same type of inmates if contracting with this state.

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

state correctional institution of this state shall be a crime if

committed in a facility owned or operated by a private prison

contractor.

D. 1. A private prison contractor shall not employ any

personnel convicted of a felony if the person has been incarcerated

in the private prison facility for which an application for

employment is being considered; provided, a private prison

contractor may employ personnel convicted of drug-related felonies

who have been rehabilitated for programs for drug or other substance

abuse rehabilitation for inmates of the facility.

2. Any personnel of a facility owned or operated by a private

prison contractor, except any person convicted of a felony offense,

shall be authorized to carry and use firearms while in the

performance of their official duties only in the manner provided in

this subsection and only after completing training approved by the

Council on Law Enforcement Education and Training. The Council on

Law Enforcement Education and Training may charge a reasonable fee

for its cost of evaluating firearms training for private prison

personnel. Private prison personnel shall only be authorized to use

firearms for the following purposes:

a. to prevent escape from the facility or from custody

while being transported to or from the facility. As

used in this paragraph, "to prevent escape from the

facility" means to prevent an incarcerated individual

from crossing the secure perimeter of the facility, or

b. to prevent an act which would cause death or serious

bodily injury to any person.

3. The Department of Corrections is authorized to provide

training to personnel of the private prison contractor, pursuant to

contract. The Department of Corrections shall charge a reasonable

fee for the training, not to exceed the cost of such training. The

provisions of this subsection shall not be construed to confer peace

officer status upon any employee of the private prison contractor or

to authorize the use of firearms, except as provided in this

subsection.

4. All private prisons operating in this state shall prepare a

written emergency plan and mutual aid agreement between the private

prison facility and state and local law enforcement agencies,

including the Department of Corrections and the Department of Public

Safety.
n any employee of the private prison contractor or

to authorize the use of firearms, except as provided in this

subsection.

4. All private prisons operating in this state shall prepare a

written emergency plan and mutual aid agreement between the private

prison facility and state and local law enforcement agencies,

including the Department of Corrections and the Department of Public

Safety.

5. If an inmate escapes from the facility, or in the event of

any riot or other serious disturbance, personnel from the facility

immediately shall inform the Department of Corrections, the

Department of Public Safety, the county sheriff and, if the facility

Oklahoma Statutes - Title 57. Prisons and Reformatories Page 199

is located within the boundaries of a municipality, the police

department of the municipality.

6. The Department of Corrections shall designate facilities

operated by the Department to provide support in the event of a

riot, escape or other serious emergency. Personnel from the

facility shall inform the Department of Corrections, pursuant to

Department policy, if there is any incident. The Department of

Corrections is directed to respond on behalf of public safety of

this state. The private prison contractor shall provide the

Department of Corrections access to the facility and secure facility

space to establish a command post, including provisions for

telephone and fax access. Any emergency response provided by any

state or local law enforcement agency shall be at the sole expense

of the private prison contractor/operator. Each responding agency

shall submit a written invoice detailing costs incurred which shall

be paid within thirty (30) days of receipt by the private prison

contractor/operator.

E. If an inmate is to be released or discharged from

incarceration, is released or discharged by any court order, is to

be placed on probation, is paroled, or if the federal government or

sending state requests transfer or the return of the inmate, the

private prison contractor immediately shall transfer or return the

inmate to the sending state which has legal authority over the

sentence or, in the case of federal inmates, to the closest federal

prison or to the federal authority of the state in which federal

custody over the inmate originated.

F. A private prison contractor housing federal inmates from

jurisdictions other than Oklahoma, or inmates sentenced pursuant to

the legal authority of another state, shall not allow any such

inmate to leave the premises of the facility, except to comply with

an order to appear in a court of competent jurisdiction, to receive

medical care not available at the facility, to work as provided in

subsection G of this section, or to return or be transferred to

another state as provided by the provisions of subsection E of this

section.

G. A private prison contractor may allow minimum security

inmate labor to be used in public works projects provided all of the

following conditions are satisfied:

1. The public works project must be in and for the county where

the private prison is located or a county adjacent to the county

where the private prison is located, or in and for a municipality in

the county where the private prison is located or an adjacent

county;

2. The private prison contractor has developed security

procedures which will ensure the safety of the public and the

Department of Corrections has approved such procedures;

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3. The public works project has been authorized by the

Department of Corrections and the county or municipal authorities

where the public works project is located;

4. The private prison contractor has procured and has in force

and effect a policy of liability insurance which will provide

coverage in an amount determined by the Department of Corrections

for any loss resulting from the acts or omissions of inmates
roject has been authorized by the

Department of Corrections and the county or municipal authorities

where the public works project is located;

4. The private prison contractor has procured and has in force

and effect a policy of liability insurance which will provide

coverage in an amount determined by the Department of Corrections

for any loss resulting from the acts or omissions of inmates

participating in such project or employees of the private prison

contractor and for any injuries occurring to the inmates or

employees; and

5. The 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 any other applicable provisions of

federal law.

H. A private prison contractor housing federal inmates or

inmates of another state shall be responsible for the reimbursement

of all reasonable costs and expenses incurred by this state or a

political subdivision of this state for legal actions brought in

this state by or on behalf of any federal inmate or inmate of

another state while incarcerated in the facility, including court

costs, sheriff mileage fees, witness fees, district attorney

expenses, expenses of the office of Attorney General, 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.

I. 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.

J. The State of Oklahoma shall not assume jurisdiction or

custody of any federal inmate or inmate from another state housed in

a facility owned or operated by a private prison contractor. Such

inmates from another state shall at all times be subject to the

jurisdiction of that state and federal inmates shall at all times be

subject to federal jurisdiction. This state shall not be liable for

loss resulting from the acts of such inmates nor shall this state be

liable for any injuries to the inmates.

K. Prior to contracting for the housing of any federal inmate

or inmate from another state, the private prison contractor shall

give the Department of Corrections first right to contract for

placement of inmates under the custody of the Department of

Corrections in the available capacity of the private prison

facility.

L. Prior to housing maximum security inmates in the custody of

the United States or another state, the private prison contractor

shall receive authorization from the Department of Corrections to

house maximum security inmates at the facility. Authorization

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granted by the Department of Corrections shall be based on facility

design and physical plant security requirements consistent with

standards established by the American Correctional Association or

the physical plant security requirements of the Department at

Department-operated maximum security facilities. Upon request by a

private prison contractor for all or a part of a facility to be

granted authorization to house maximum security inmates, the

Department shall complete an assessment within thirty (30) days.

The assessment shall either result in authorization being granted to

the private prison contractor or shall provide detailed requirements

that shall be met by the facility in order for authorization to be

granted.

M. At least ten (10) business days prior to the transfer of

inmates who are in the custody of the United States or another state

to a private prison facility operating in the State of Oklahoma, the

private prison contractor shall provide the Department of

Corrections with the following information:

1. The number of inmates to be transferred;

2. The name of each inmate to be transferred;
ed.

M. At least ten (10) business days prior to the transfer of

inmates who are in the custody of the United States or another state

to a private prison facility operating in the State of Oklahoma, the

private prison contractor shall provide the Department of

Corrections with the following information:

1. The number of inmates to be transferred;

2. The name of each inmate to be transferred;

3. The date of transfer of the inmate;

4. The security level of each inmate to be transferred, as

determined by the sentencing state;

5. The facility to which the inmate shall be transferred; and

6. The criminal history and institutional behavioral record for

each inmate.

The information provided pursuant to this subsection shall not

be public record until the transfer of the inmate is complete. The

records shall thereafter be made public only to the extent required

by state law.

N. The Department of Corrections shall have thirty (30) days

after receipt of the information required in accordance with

subsection M of this section to determine whether an inmate

transferred to a private prison facility is compliant with the

conditions of subsection A or B of this section. If the Department

determines that an inmate housed at a private prison facility is not

compliant with the conditions provided for in subsection A or B of

this section, the Department shall notify the private prison

contractor. Notification by the Department shall include the name

of the inmate and reason why the inmate does not qualify to be

housed at the facility to which the inmate has been transferred or

housed within the State of Oklahoma. The private prison contractor

shall either provide supplemental information verifying compliance

with subsection A or B of this section, or shall transfer the inmate

out of the State of Oklahoma within thirty (30) days of receiving

said notification from the Department. Failure of the Department to

review the inmate information provided pursuant to subsection M of

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this section shall not prevent the transfer of inmates into the

State of Oklahoma for housing at a private prison facility.

O. The provisions of subsection A, paragraphs 1, 2, 3, 4 and 6

of subsection D, paragraphs 2, 3, 5 and 6 of subsection M and

subsection N of this section shall not apply to a private prison

contractor that has a direct contract with the Federal Bureau of

Prisons of the United States Department of Justice for a facility

that houses federal inmates and is monitored on-site by federal

agency staff.