Okla. Stat. tit. 57, § 57-563.3

Department of Corrections which house federal inmates or inmates of

another state.

A. All private prison contractors and vendors operating in

Oklahoma shall provide construction plans to the Department of

Corrections for approval prior to commencement of construction of

any new physical plant or addition to existing facilities. Approval

shall be based on applicable American Correctional Association

construction standards. Any private prison contractor or vendor

that fails to comply with the requirements of this subsection shall

be penalized according to the provisions of subsection E of this

section.

B. A private prison contractor which does not have a contract

with the Department of Corrections, but which houses federal inmates

or inmates of another state, within two (2) months of commencing

operations and thereafter as required by the Department of

Corrections, shall:

1. Obtain from the Department of Corrections approval of all

emergency response plans and the internal and perimeter security of

the facility of the private prison contractor. All emergency plans

for the private prison facility shall be approved by the Department

of Corrections annually on July 1 and within thirty (30) days of any

subsequent change or modification to any plan. Such approval shall

be given only if the Director of the Department of Corrections

determines that the security and emergency response plan are

adequate to protect the public;

2. Show, to the satisfaction of the Department of Corrections,

that adequate food, housing and medical care shall be available for

Oklahoma Statutes - Title 57. Prisons and Reformatories Page 203

inmates, that the facility will have the necessary qualified

personnel to operate the facility, that the financial condition of

the private prison contractor is such that the facility can be

operated adequately, and that the facility has the ability to comply

with applicable court orders and American Correctional Association

standards;

3. Furnish to the Department of Corrections satisfactory proof

that the private prison contractor has obtained insurance or is

self-insured, in such a manner and in such an amount as the Director

of the Department of Corrections, after consulting with the Risk

Management Administration, may deem necessary and adequate to

reimburse this state or a political subdivision of this state, for

expenses arising from any incident which occurs at said prison or

which requires intervention by this state or a political subdivision

of this state. Such insurance, in addition, shall be in an amount

sufficient to indemnify this state and its officers and employees,

for any liability or other loss, including property damage,

judgments, costs, attorney fees or other expenses arising from the

operation of the facility, and such facility shall in any event and

regardless of the amount of insurance available indemnify and hold

harmless this state and its officers and employees, for any and all

acts of prison inmates, and/or all officers, employees and

stockholders of such private prison contractor for any liability

arising out of acts of said inmates, officers, employees and

stockholders of such private prison contractor in relation to the

operation of the facility. The insurance required by this paragraph

shall not provide coverage for more than one facility. If the

private prison contractor owns or operates more than one facility,

separate insurance coverage shall be obtained or provided for each

facility;

4. Obtain written authorization from the governing board of any

municipality in which the facility is to be located, or if the

facility is not to be located within a municipality, written

authorization from the board of county commissioners of the county

in which the facility is to be located; and

5. Ensure every employee or prospective employee of the private

prison contractor has submitted through the Department of
ation from the governing board of any

municipality in which the facility is to be located, or if the

facility is not to be located within a municipality, written

authorization from the board of county commissioners of the county

in which the facility is to be located; and

5. Ensure every employee or prospective employee of the private

prison contractor has submitted through the Department of

Corrections a national criminal history records check, as defined by

Section 150.9 of Title 74 of the Oklahoma Statutes. The private

prison contractor is hereby authorized to reimburse employees for

the cost of the search. The record required by this paragraph shall

include the name of the person, whether or not said person has been

convicted of any felony offense, a list of any felony convictions,

and the dates of such convictions. The search records from national

criminal history records checks shall be maintained by the

Department of Corrections. The Department of Corrections shall not

Oklahoma Statutes - Title 57. Prisons and Reformatories Page 204

disseminate any national criminal history records information to a

private entity.

C. A private prison contractor which does not have a contract

with the Department of Corrections, but which houses federal inmates

or inmates of another state shall attain accreditation by the

American Correctional Association within three (3) years of

commencing operation of the facility and thereafter shall maintain

such accreditation.

D. The Department of Corrections shall monitor the performance

of the private prison contractor and the continued compliance of the

private prison contractor with the provisions of this section and

Section 563.2 of this title. If at any time after commencing

operations, a private prison contractor, that is subject to the

provisions of subsection B of this section, fails to comply with any

of said provisions, the Director of the Department of Corrections

may order the facility to cease operations. If a private prison

contractor fails to attain or maintain the accreditation required by

subsection C of this section, the Director of the Department of

Corrections shall order the facility to take corrective action

pursuant to the Department of Corrections monitoring plan and, if

corrective action is not pursued with due diligence, shall order the

facility to cease operations. This order may be enforced by

injunction issued by a district court of this state.

E. If the requirements provided for in this section are not

followed, the Director may recommend that the State Board of

Corrections assess the private prison contractor at least one-half

(1/2) the per diem rate up to but not to exceed the full per diem

rate paid by the jurisdiction or jurisdictions to the private prison

contractor for the period of time a violation of subsection A of

this section continues and is not corrected with due diligence or

when the Department of Corrections has identified other physical

plant security deficiencies based on American Correctional

Association standards and such deficiencies continue and are not

corrected with due diligence. The penalty provided for in this

subsection shall not preclude the Director from ordering the

facility to cease operations.

F. The Department of Corrections may charge the private prison

contractor a reasonable fee for any services provided by the

Department staff to include, but not limited to, the costs of

monitoring compliance with the provisions of paragraphs 1 and 2 of

subsection B of this section. The fee shall not exceed the cost

incurred in performing the monitoring.

G. The Department of Corrections shall promulgate and adopt

rules for the implementation of this section.

H. All fees collected by the Department of Corrections pursuant

to this section shall be deposited with the State Treasurer to the

credit of the Department of Corrections Revolving Fund.
ubsection B of this section. The fee shall not exceed the cost

incurred in performing the monitoring.

G. The Department of Corrections shall promulgate and adopt

rules for the implementation of this section.

H. All fees collected by the Department of Corrections pursuant

to this section shall be deposited with the State Treasurer to the

credit of the Department of Corrections Revolving Fund.

Oklahoma Statutes - Title 57. Prisons and Reformatories Page 205

I. The provisions of subsections B through H 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.