1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3757 By: Hardin
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6 AS INTRODUCED
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7 An Act relating to jail standards; amending 74 O.S.
7 2021, Section 192, as amended by Section 2, Chapter
8 35, O.S.L. 2023 (74 O.S. Supp. 2023, Section 192),
8 which relates to the inspection of city and county
9 jails; creating the Oklahoma Jail Standards Act;
9 authorizing the State Department of Health to
10 promulgate rules to implement jail standards;
10 directing all detention and lockup facilities to
11 comply with standards; clarifying jail inspection
11 requirement; deleting certain jail standards and
12 procedures; making jail standards subject to certain
12 exceptions and limitations; defining terms; providing
13 list of standards when facilities develop policies
13 and procedures; specifying standards for detention
14 facilities; directing facility administrators to
14 develop and implement certain written policies and
15 procedures for detention facilities and lockup
15 facilities; directing detention facilities to have
16 certain written policies and procedures subject to
16 certain act and promulgate rules; requiring
17 notification to the State Department of Health of
17 certain incidents; providing guidelines and
18 procedures for the movement, security, and
18 supervision of inmates; directing facility
19 administrators to develop and implement written
19 policies and procedures for classifying and
20 segregating inmates; directing facility
20 administrators to develop and implement written
21 policies and procedures for emergency medical and
21 health care services; authorizing the deduction of
22 monies for medical payments; specifying standards for
22 the incarceration or holding of juveniles; amending
23 57 O.S. 2021, Section 37, which relates to maximum
23 capacity of correctional facilities; modifying
24 statutory references; amending 57 O.S. 2021, Sections
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 1 47, 52, 53, 55 and 57, as amended by Section 1,
1 Chapter 35, O.S.L. 2023 (57 O.S. Supp. 2023, Section
2 57), which relate to the operation of county jails by
2 county sheriffs; modifying statutory references;
3 amending 63 O.S. 2021, Section 472, which relates to
3 conditions of municipal jails; modifying statutory
4 reference; amending 69 O.S. 2021, Section 617, which
4 relates to the food and medical attention for inmates
5 working upon public roads; modifying statutory
5 reference; amending 74 O.S. 2021, Section 193, which
6 relates to inspections of jail premises by the State
6 Department of Health; modifying statutory reference;
7 providing for codification; and declaring an
7 emergency.
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10 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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11 SECTION 1. AMENDATORY 74 O.S. 2021, Section 192, as
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12 amended by Section 2, Chapter 35, O.S.L. 2023 (74 O.S. Supp. 2023,
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13 Section 192), is amended to read as follows:
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14 Section 192. A. The provisions of this section and Sections 2
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15 through 9 of this act shall be known and may be cited as the
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16 "Oklahoma Jail Standards Act". The State Department of Health is
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17 hereby authorized to promulgate rules to implement the provisions of
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18 the Oklahoma Jail Standards Act.
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19 B. Except as provided in this section, all detention facilities
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20 and lockup facilities shall operate in compliance with the provision
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21 of the Oklahoma Jail Standards Act.
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22 C. The State Department of Health shall inspect at least once
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23 each year all city and county jails detention facilities to ensure
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24 compliance with the standards promulgated pursuant to the provisions
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 1 of this section set forth in the Oklahoma Jail Standards Act. The
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2 standards shall provide provision for:
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3 1. Uniform admission and release procedures;
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4 2. Uniform, safe, and sensible security measures;
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5 3. Proper, fit, and sanitary conditions;
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6 4. Inmates to be fed a wholesome and adequate diet;
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7 5. Inmates to have adequate clothing and a usable bed. Such
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8 facility shall have showers with hot and cold running water,
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9 toilets, and water basins provided in the ratio of not less than one
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10 to every twenty prisoners. Counties may build barrack-style jails,
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11 single or double cell, to meet the security needs of the county for
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12 minimum security prisoners. These jails shall meet all the minimum
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13 requirements set forth in this section or any other provision of
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14 law. Except as otherwise provided in this section, all facilities
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15 under this section shall have showers with hot and cold running
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16 water, toilets and water basins provided in the ratio of not less
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17 than one to every twenty prisoners. Counties may also build tent
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18 jails, which shall be temporary in nature, to meet the security
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19 needs of the county for minimum security prisoners. The temporary
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20 tent jails shall not be required to meet the minimum requirements
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21 set forth in this section or any other provision of law. The State
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22 Board of Health shall promulgate minimum standards for temporary
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23 tent jails, which standards shall be designed to specifically
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24 address and take into consideration the temporary status of the
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 1 inmate housing needs of the county. As used in this paragraph,
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2 "barrack-style" means a single designated space within a city or
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3 county jail facility for the purpose of housing three or more
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4 inmates;
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5 6. Inmates to be properly advised of rules of the facility in
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6 which they are detained;
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7 7. Staff members to receive training in order to assist them in
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8 performing their assigned tasks, such training to be provided
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9 through a program approved by the State Department of Health. All
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10 employees who work in direct contact with inmates after the first
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11 year of employment shall receive, at a minimum, four (4) hours'
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12 review of material as required by the State Department of Health and
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13 at a maximum, eight (8) hours of detention officer training per year
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14 after the first year of employment;
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15 8. Proper steps to be taken to ensure the safety and
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16 segregation of women, the infirm, and minors;
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17 9. Adequate medical care, provided such medical care shall be
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18 limited to illnesses or injuries incurred during the time beginning
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19 with the arrest and throughout the time of incarceration. This
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20 shall not prevent an inmate from applying for assistance and
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21 receiving assistance, provided the inmate meets or exceeds
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22 established requirements;
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23 10. No person to be confined without twenty-four-hour
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24 supervision; and
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 1 11. At least one designated exit in the facility that will
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2 permit prompt evacuation of inmates and staff in an emergency. A
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3 facility in existence on November 1, 1985, shall not be required to
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4 construct additional exits if it has one exit which is deemed
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5 adequate by the State Fire Marshal Inspections shall be limited to
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6 the specific requirements set forth in the Oklahoma Jail Standards
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7 Act or rules promulgated pursuant thereto.
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8 D. In the event such inspection shall reveal to the State
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9 Department of Health the commission of a crime or crimes incidental
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10 to the operations of a city or county jail detention facility, it
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11 shall be the duty of the Department to initiate a complaint with the
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12 appropriate district attorney, and to cooperate in the prosecution
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13 of the alleged offender in the event an information is filed
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14 pursuant to such complaint.
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15 B. E. The provisions of the Oklahoma Jail Standards Act shall
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16 be subject to the following exceptions and limitations:
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17 1. Any county, city, or town may operate a holding facility for
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18 the incarceration of persons under arrest who are to be charged with
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19 a crime, which holding facility shall not be required to meet the
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20 standards established in this section for jails the Oklahoma Jail
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21 Standards Act, as long as no person is held therein for a period
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22 longer than twelve (12) hours and as long as an employee of the
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23 county, city, or town is available to render aid to or to release
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 1 any person so confined in the event aid or release is required
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2 because of a health or life-endangering emergency.;
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3 C. 2. Notwithstanding any other provision of law or rule, any
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4 county or municipality that operates a jail detention facility which
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5 houses forty or fewer prisoners at all times which:
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6 1. Provides
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7 a. provides twenty-four-hour supervision of prisoner
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8 activity that is conducted either by direct
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9 observation or electronically by closed-circuit
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10 television; video surveillance, and
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11 2. Provides
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12 b. provides an intercommunication system that terminates
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13 in a location that is staffed twenty-four (24) hours a
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14 day and is capable of providing an emergency response,
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15 shall not be required to have more than one detention officer or
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16 dispatcher on-site to provide for the security, custody, and
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17 supervision of prisoners. Staff shall be available to perform
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18 sensitive functions and procedures as necessary to accommodate
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19 inmate gender;
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20 D. 3. Any county or municipality that operates a jail detention
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21 facility which houses more than forty and less than seventy-five
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22 prisoners at all times which:
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23 1. Provides
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 1 a. provides twenty-four-hour supervision of prisoner
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2 activity that is conducted either by direct
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3 observation or electronically by closed-circuit
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4 television; video surveillance, and
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5 2. Provides
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6 b. provides an intercommunication system that terminates
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7 in a location that is staffed twenty-four (24) hours a
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8 day and is capable of providing an emergency response,
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9 shall be required to have more than one detention officer or one
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10 detention officer and at least one other basic CLEET-certified
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11 person on the same premises as the jail detention facility to
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12 provide for the security, custody, and supervision of prisoners.
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13 Staff shall be available to perform sensitive functions and
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14 procedures as necessary to accommodate inmate gender;
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15 Within ninety (90) days after June 9, 1994, the State Board of
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16 Health shall promulgate new rules governing square footage
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17 requirements, double-celling of prisoners and the ratio of showers,
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18 toilets, and water basins to prisoners. The rules so promulgated
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19 shall be governed by the guidelines enumerated in this section, and
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20 shall be designed to carry out the intent and purpose of the
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21 guidelines. Each city or county jail facility in this state shall
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22 be in compliance with the rules so promulgated on or before January
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23 1, 1995.
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 1 E. 4. A county or municipality that operates a detention
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2 facility may request a waiver from any provision of the Oklahoma
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3 Jail Standards Act or any rules promulgated pursuant thereto upon a
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4 showing that application of such provision would impose undue
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5 hardship upon the county or municipality or upon the inmates held at
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6 such facility. Such a request shall be filed with the Department
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7 and shall include grounds therefor including, but not limited to, a
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8 lack or insufficiency of infrastructure for the detention facility,
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9 a man-made or natural disaster, or a lack of funding or workforce
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10 resources necessary to comply with the standards. The Department
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11 may grant the waiver request in whole or in part and may, as a
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12 condition of granting the waiver, require the county or municipality
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13 to submit a plan and timetable for compliance with the standards. A
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14 decision of the Department may be appealed to the district court as
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15 provided for in the Administrative Procedures Act;
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16 5. The detention facility administrator may declare a temporary
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17 emergency in the event of a man-made or natural disaster including,
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18 but not limited to, fire, flood, weather-related emergency, or other
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19 destruction of or damage to detention facility property. The
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20 declaration shall include a plan for the housing and care of inmates
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21 of the detention facility for the duration of the emergency and
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22 specification of the provisions of the Oklahoma Jail Standards Act
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23 that are no longer practicable due to the emergency. The
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24 declaration shall be filed with the Department; and
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 1 6. Any detention facility constructed or substantially
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2 remodeled prior to or on or after the effective date of this act
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3 shall be required to be in compliance with the requirements and
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4 standards in effect at the time of such construction or remodeling.
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5 Plans for the construction of a new detention facility or the
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6 substantial remodeling of an existing detention facility shall be
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7 submitted to the Department for review and approval.
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8 F. The State Department of Health shall employ inspectors and
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9 other personnel as necessary and specifically authorized by the
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10 Legislature in order to carry out the provisions of this section the
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11 Oklahoma Jail Standards Act and may rent or purchase premises or
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12 equipment in order to assist inspectors in the performance of their
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13 SECTION 2. NEW LAW A new section of law to be codified
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14 in the Oklahoma Statutes as Section 192.1 of Title 74, unless there
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15 is created a duplication in numbering, reads as follows:
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16 As used in the Oklahoma Jail Standards Act:
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17 1. "Available" means that the subject individual is either on
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18 site or on the premises;
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19 2. "Barrack-style" means a single designated space within a
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20 detention facility for the purpose of housing three or more inmates;
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21 3. "Bodily search" means any invasive examination by hand of an
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22 inmate or clothing of the inmate. Bodily searches shall not include
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23 "pat downs";
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 1 4. "Central control" means the central point within the
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2 facility where security activities are monitored and controlled;
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3 5. "Contraband" means anything not authorized to be in the
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4 possession of an inmate;
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5 6. "Dayroom" means a space for activities that is situated
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6 immediately adjacent to the sleeping area of inmates and separated
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7 from the sleeping area by a wall;
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8 7. "Department" means the Oklahoma State Department of Health;
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9 8. "Detention facility" means a facility that may hold a person
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10 for an indefinite period of time including, but not limited to, a
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11 city or county jail;
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12 9. "Detention officer" means a person whose training, education
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13 or experience specifically qualifies him or her to perform the
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14 duties indicated in the job description and the Oklahoma Jail
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