reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 80 - Wide Area Calling Plan (WACP) › Subchapter 3 - Application and General Procedural Requirements › Section 165:80-3-1 - Commencement of proceeding

Current through Vol. 41, No. 20, July 1, 2024
Commencement of the proceeding may be initiated by the
				  Commission on its own motion.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 80 - Wide Area Calling Plan (WACP) › Subchapter 3 - Application and General Procedural Requirements › Section 165:80-3-2 - Application for WACP

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				applicant shall be the Commission staff.
(b) The application shall state the general
				metropolitan area or geographic region for which wide area calling is being
				requested.
(c) The metropolitan
				area or geographic region must be in the same LATA.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 80 - Wide Area Calling Plan (WACP) › Subchapter 3 - Application and General Procedural Requirements › Section 165:80-3-3 - Filing of application

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				original and eight (8) legible copies of the application shall be filed with
				the Commission's Court Clerk. In addition, a complete copy of the application
				shall be mailed, postage prepaid, to:
(1) The
				local telephone company/companies serving the metropolitan area or geographic
				region.
(2) The Office of the
				Attorney General.
(3) As directed
				by the Commission, the County Clerk of the county/counties located within the
				area to be impacted by the WACP or to the Chief Executive Officers of the towns
				and cities located within the area to be impacted by the WACP.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 80 - Wide Area Calling Plan (WACP) › Subchapter 5 - Criteria for WACP Arrangement › Section 165:80-5-1 - Determination of cost, engineering, and rate design

Current through Vol. 41, No. 20, July 1, 2024
(a) The Commission will order cost,
				engineering, and rate design studies to be made by the telephone
				company/companies within a reasonable time. Any interested party may have their
				own cost, engineering, and rate design studies made for use in the cause, but
				such studies will be at the expense of that party. Summaries of the cost,
				engineering, and rate design studies will be filed with the Commission's Court
				Clerk within the time ordered by the Commission and a copy sent to all
				interested parties.
(b) Upon
				receipt of the cost, engineering, and rate design studies summaries and after
				appropriate review, the attorney for the Public Utility Division staff will
				arrange and conduct a technical conference for the purposes of discussing the
				cost, engineering, and rate design studies and summaries, and considering
				appropriate rate design and cost recovery methods to be recommended to the
				Commissioners or their designee. If it appears that the rate design and cost
				recovery methods for the WACP are cost prohibitive, any interested party may
				propose alternatives to WACP in writing. At the technical conference, the
				scheduling of prefiled testimony and responsive testimony dates shall also be
				determined.
(c) Recovery of the
				revenue requirement caused by the WACP will be borne by the subscribers
				benefiting from the plan or as the Commission may so direct.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 80 - Wide Area Calling Plan (WACP) › Subchapter 5 - Criteria for WACP Arrangement › Section 165:80-5-2 - Public input

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Commission may request that the subscribers indicate their interest or support
				for the proposed WACP. The Commission may choose from options including, but
				not limited to:
(1) Polling by telephone or
				mail.
(2) Statistically valid
				sampling methods.
(3) Resolutions
				from County Commissioners and/or City Council members in the affected
				areas.
(4) Other methods dependent
				upon the circumstances in the cause.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 80 - Wide Area Calling Plan (WACP) › Subchapter 5 - Criteria for WACP Arrangement › Section 165:80-5-3 - Hearing process

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				hearing will be set before the Commission en banc, unless the Commission
				directs otherwise. Notice shall be given to all subscribers whose basic local
				service rates would be increased by the proposed rate design and cost recovery
				methods in the manner provided in OAC 165:5 or as the Commission may otherwise
				direct in its Notice of Hearing.
(b) Prefiled testimony and responsive
				testimony shall be filed prior to the hearing as set forth at the technical
				conference as provided in
				165:80-5-1(b).
				Prefiled testimony shall include, among other things, the proposed rate design
				for the calling plan.
(c) The
				Commission will make its determination following the hearing and issue its
				order.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 80 - Wide Area Calling Plan (WACP) › Subchapter 5 - Criteria for WACP Arrangement › Section 165:80-5-4 - Intervenor status

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Commission Rules of Practice, OAC 165:5, pertaining to intervention will be
				strictly applied in WACPs in order to focus upon the specific subject matter of
				each cause. Persons applying for intervenor status will have the burden of
				showing their interest in the subject matter, and their participation will be
				limited to the matter set out in the application.
(b) The Attorney General will be granted
				intervenor status upon request since it is presumed the Attorney General has an
				interest in any cause involving telephone service and rates.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 80 - Wide Area Calling Plan (WACP) › Subchapter 5 - Criteria for WACP Arrangement › Section 165:80-5-5 - Amendment of application

Current through Vol. 41, No. 20, July 1, 2024
The right to amend a WACP application to change the
				  metropolitan area or geographic region may be requested by any interested
				  party.
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 1 - Organization › Section 170:1-1-2 - Oklahoma Department of Corrections

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Department of Corrections is a law enforcement
				agency created by statute in 57 O. S. § 505. The department consists of
				divisions, subdivisions, institutions, centers, and such units, sections,
				offices, and positions as may be established by the director, subject to the
				approval of the Board of Corrections, or by law, as described below. A
				description of the current organizational structure of the department shall be
				maintained by the administrator of Personnel and shall be available at the
				principal office of the Oklahoma Department of Corrections. The organizational
				structure shall also be reflected on the department's
				website.
Added at 10 Ok Reg 2663,
				eff 7-1-93; Amended at 24 Ok Reg 2705, eff
				7-26-07
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 1 - Organization › Section 170:1-1-3 - Oklahoma Board of Corrections

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Board of Corrections shall adopt rules and
				regulations for its internal government, and shall hold meetings in accordance
				with the Oklahoma Open Meeting Act. The Board of Corrections shall establish
				policies for the operation of the department and shall have the powers set
				forth in 57 O.S. §
								504,
				as amended from time to time.
Added at 10 Ok Reg 2663,
				eff 7-1-93; Amended at 24 Ok Reg 2705, eff
				7-26-07
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 1 - Organization › Section 170:1-1-4 - Director [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 2663,
				eff 7-1-93; Amended at 24 Ok Reg 2705, eff
				7-26-07
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 1 - Organization › Section 170:1-1-5 - Chief of Staff [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 2663,
				eff 7-1-93; Revoked at 11 Ok Reg 3135, eff
				7-1-94
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 1 - Organization › Section 170:1-1-6 - Chief of Operations [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 2663,
				eff 7-1-93; Amended at 11 Ok Reg 3135, eff 7-1-94; Revoked at 24 Ok Reg 2705,
				eff 7-26-07
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 1 - Organization › Section 170:1-1-7 - Divisions, subdivisions, institutions, units, sections, offices, and positions

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Department of Corrections, as determined by the director, subject to the approval of the Board of Corrections, shall consist of a sufficient number of divisions, subdivisions, institutions, centers, units, sections, offices, and positions as deemed appropriate to effectively manage the department,
Added at 10 Ok Reg 2663,
				eff 7-1-93; Amended at 11 Ok Reg 3135, eff 7-1-94; Amended at 24 Ok Reg 2705,
				eff 7-26-07
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 1 - Organization › Section 170:1-1-8 - Penal institutions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 2663,
				eff 7-1-93; Amended at 24 Ok Reg 2705, eff
				7-26-07
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 1 - Organization › Section 170:1-1-9 - Community corrections centers [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 2663,
				eff 7-1-93; Amended at 11 Ok Reg 3135, eff 7-1-94; Amended at 24 Ok Reg 2705,
				eff 7-26-07
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 1 - Organization › Section 170:1-1-10 - Community work centers

Current through Vol. 41, No. 20, July 1, 2024
The director, pursuant to 57 O.S. §
								563(B),
				is authorized to establish inmate work centers in locations where a need for
				labor to conduct public work projects is determined.
Added at 10 Ok Reg 2663,
				eff 7-1-93; Amended at 24 Ok Reg 2705, eff
				7-26-07
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 1 - Organization › Section 170:1-1-11 - Community corrections districts [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 2663,
				eff 7-1-93; Amended at 24 Ok Reg 2705, eff
				7-26-07
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 1 - Organization › Section 170:1-1-12 - Agri-Services and Oklahoma Correctional Industries

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Department of Corrections shall operate prison
				agricultural and manufacturing and products industries to be known as
				Agri-Services and Oklahoma Correctional Industries, respectively.
(1) Funds earned from the operation of
			 Agri-Services and Oklahoma Correctional Industries shall be placed in an
			 Industries Revolving Fund with the Oklahoma State Treasury for the Department
			 of Corrections.
(2) The Oklahoma
			 Department of Corrections is authorized to purchase, in a manner prescribed by
			 law, facilities, equipment, raw materials, and supplies, and to engage
			 necessary personnel to establish and maintain at the penal institutions, under
			 the control of the Department of Corrections, industries, and agricultural
			 programs for the utilization of services of prisoners in the manufacture or
			 production of such articles or products as may be needed for the construction,
			 operation, maintenance, or the use of any office, department, or agency
			 supported in whole or in part by the state or political subdivisions
			 thereof.
Added at 10 Ok Reg 2663,
				eff 7-1-93; Amended at 24 Ok Reg 2705, eff
				7-26-07
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 1 - Organization › Section 170:1-1-13 - Oklahoma Criminal Justice Resource Center [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 2663,
				eff 7-1-93; Revoked at 24 Ok Reg 2705, eff
				7-26-07
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 1 - Organization › Section 170:1-1-14 - Public access to public information [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 2663,
				eff 7-1-93; Amended at 24 Ok Reg 2705, eff
				7-26-07
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 1 - Organization › Section 170:1-1-15 - Principal office

Current through Vol. 41, No. 20, July 1, 2024
(a) The principal office of the Oklahoma Department of Corrections is located at 3400 Martin Luther King Avenue, Oklahoma City, Oklahoma 73111.
(b) An additional mailing address is P.O. Box 11400, Oklahoma City, OK 73136-0400.
(c) The main telephone number is (405) 425-2500.
(d) The website address is
http://www.doc.ok.gov
.
(e) The regular business and office hours for the principal office shall be 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding state recognized holidays.
Added at 10 Ok Reg 2663,
				eff 7-15-93; Amended at 24 Ok Reg 2705, eff
				7-26-07
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 10 - Prisoner Public Works Contracts › Subchapter 1 - General Provisions › Section 170:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this Chapter establish the procedures for public
				  works agencies requesting to obtain prisoner labor for public works
				  projects.
Added at 10 Ok Reg 2667,
				  eff 7-1-93
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 10 - Prisoner Public Works Contracts › Subchapter 1 - General Provisions › Section 170:10-1-2 - Scope

Current through Vol. 41, No. 20, July 1, 2024
The Prisoner Public Works Act, 57 O.S., Section 215 et seq,
				  provides that the Oklahoma Department of Corrections may provide prisoner labor
				  by contract to political subdivisions and agencies of the state and federal
				  government. The purpose and scope of the rules and regulations of this Chapter
				  are to provide standardized procedures whereby the contracting process is
				  implemented and to provide guidelines and criteria for establishing the base
				  costs between the department and the requesting public works
				  agency.
Added at 10 Ok Reg 2667,
				  eff 7-1-93
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 10 - Prisoner Public Works Contracts › Subchapter 1 - General Provisions › Section 170:10-1-3 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this Chapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Director"
means the director of the Oklahoma
				  Department of Corrections or designee.
"Department"
means the Oklahoma Department of
				  Corrections, its facilities, divisions, offices, and institutions.
"Fiscal year"
means the state of Oklahoma's
				  fiscal year beginning July 1, and ending June 30 of every year.
"Public works agency"
means any state agency or
				  subdivision thereof, municipality, county, town, the United States or any
				  subdivision or agency thereof, whose governing body or empowered authority has
				  requested in writing that the Board or designee adopt their submitted project
				  as a public works project.
"Public purpose"
means a purpose affecting the
				  inhabitants of the state or political subdivision utilizing the inmate labor,
				  as a group, working on projects in the public interest and whose work shall not
				  be on other than public property except that inmates may be assigned to
				  projects on private property if it is for benefit of the public or for the
				  exercise of a governmental function.
"Public works project"
means a work project that
				  has been determined by the Board or designee to be of necessity for the public
				  well-being conducive to rehabilitation of participating prisoners.
"Prisoner"
means any person who is under the
				  custody and control of the Oklahoma Department of Corrections who is not a
				  threat to public safety nor who has escaped or has attempted to escape from a
				  correctional institution or facility within the last ten years, as affirmed by
				  the department.
"Base costs"
mean those costs actually agreed to
				  between the department and the public works agency pursuant to this
				  Chapter.
Added at 10 Ok Reg 2667,
				  eff 7-1-93; Amended at 11 Ok Reg 3137, eff
				  7-1-94
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 10 - Prisoner Public Works Contracts › Subchapter 3 - Application and Approval › Section 170:10-3-1 - Application process

Current through Vol. 41, No. 20, July 1, 2024
The public works agency shall submit a written request for a
				  prisoner public works project contract to the department on or before March 31
				  of the current fiscal year for contracting the ensuing fiscal year. The
				  request, at a minimum, shall contain the following:
(1) A brief description of the public works
				project and the anticipated public benefit
(2) The number of prisoners required for the
				project, any preferred special skills, and the kind of work the prisoners will
				perform
(3) The location of each
				project work site and the duration of the project, transportation and security
				requirements if any, and whether the project will involve work on private
				property
(4) Certification that
				prisoner labor shall not displace any employment opportunities for private
				citizens of the state
(5)
				Certification that the applicant has insufficient funds available to perform
				the work set forth in the application
(6) The contact person's name, address, and
				phone number of the local official who shall be the primary spokesperson
				between the public agency and the Department of Corrections.
(7) The amount of the project
Added at 10 Ok Reg 2667,
				  eff 7-1-93
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 10 - Prisoner Public Works Contracts › Subchapter 3 - Application and Approval › Section 170:10-3-2 - Base costs

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				department shall be reimbursed for its base costs plus ten percent for the
				provision of prisoner labor to the public works agency. The base costs may
				include, but are not limited to, the following, as agreed to between the
				parties:
(1) The cost of the wages of the
				prisoner based on the highest level authorized by the department regardless of
				the actual prisoner wage level
(2)
				The provision of meals by the department
(3) The daily cost of transporting the
				inmates to and from the work site, based on the current mileage rate under
				state travel regulations
(4) The
				salary and benefits of department employees assigned to the public works
				project
(5) The cost of equipment,
				clothing, tools, materials and supplies, if any, provided by the department for
				use by the prisoner, or public works project, including any
				replacement
(6) Other miscellaneous
				costs
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 10 - Prisoner Public Works Contracts › Subchapter 3 - Application and Approval › Section 170:10-3-3 - Approval process

Current through Vol. 41, No. 20, July 1, 2024
The department shall approve or deny the application , according to the Location of the project, the availability of prisoner labor, the department's costs, and the Suitability of the project for inmate labor. The term of the contract shall not extend beyond the fiscal year. A standard contract shall be maintained by the general counsel for the Oklahoma Department of Corrections and shall be available at the principal office of the Oklahoma Department of Corrections. All contracts and leases shall be approved by the general counsel for the Oklahoma Department of Corrections.
Added at 10 Ok Reg 2667,
				  eff 7-1-93
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 10 - Prisoner Public Works Contracts › Subchapter 3 - Application and Approval › Section 170:10-3-4 - Central processing for statewide agencies

Current through Vol. 41, No. 20, July 1, 2024
All state agencies may submit requests for public works
				  contracts to the principal office located in Oklahoma City. All other public
				  works agencies shall work with their local area facilities or regional
				  offices.
Added at 10 Ok Reg 2667,
				  eff 7-1-93; Amended at 11 Ok Reg 3137, eff
				  7-1-94
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 10 - Prisoner Public Works Contracts › Subchapter 5 - Project Administration › Section 170:10-5-1 - Calculation of the monthly invoice

Current through Vol. 41, No. 20, July 1, 2024
(a) The department shall maintain time sheets and records of prisoners who work on public works projects on a daily basis and shall prepare a monthly invoice.
(b) Prisoner wages shall be calculated on a work month of 20 work days and in half-day increments.
(c) The calculated monthly invoice shall be the total of the base costs times the number of prisoners provided, times the number of days worked, times 10 percent.
Added at 10 Ok Reg 2667,
				  eff 7-1-93
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 10 - Prisoner Public Works Contracts › Subchapter 5 - Project Administration › Section 170:10-5-2 - Billing and reimbursement

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				facility where the prisoners are housed shall be responsible for monthly
				billing and the deposit into the proper accounts of all reimbursements
				received.
(b) Upon receipt of the
				monthly invoice, the public works agency shall promptly reimburse the
				department accordingly.
Added at 10 Ok Reg 2667,
				  eff 7-1-93
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 10 - Prisoner Public Works Contracts › Subchapter 5 - Project Administration › Section 170:10-5-3 - Workers' compensation and control

Current through Vol. 41, No. 20, July 1, 2024
(a) Neither the department nor the public
				works agency shall be required to provide workers' compensation to any
				prisoner.
(b) The prisoner shall
				not be considered an employee under the supervision and control of the public
				works agency or its employees, but shall at all times be under the jurisdiction
				and supervisory control of the department.
(c) Civil rights of prisoners are not
				restored, and when any prisoner violates rules or regulations, or is unable or
				unwilling to adequately perform their work, they may be returned without cause
				to the department.
Added at 10 Ok Reg 2667,
				  eff 7-1-93
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 10 - Prisoner Public Works Contracts › Subchapter 5 - Project Administration › Section 170:10-5-4 - Miscellaneous requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				prisoner may be terminated for any reason or no reason. Wages earned are
				considered a gratuity from the department. No prisoner has any property
				interest in the position or work being performed.
(b) Prisoners assigned to a public works
				project shall be considered on trusty status for purposes of escape. The limits
				of the place of commitment are extended under the special conditions of the
				prisoner public works project contract pursuant to 57 O.S., Section
				510.1(A)(4).
(c) Public works
				agencies shall not be liable nor responsible for any tort liability or damages
				caused by the prisoners while working on the project. Sovereign immunity shall
				not be waived by any public works agency nor by the department.
(d) Technical supervision shall be provided
				by public works employees, and security supervision shall be provided by
				department personnel as designated by the facility head.
Added at 10 Ok Reg 2667,
				  eff 7-1-93; Amended at 11 Ok Reg 3137, eff
				  7-1-94
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 10 - Prisoner Public Works Contracts › Subchapter 5 - Project Administration › Section 170:10-5-5 - Medical and dental care

Current through Vol. 41, No. 20, July 1, 2024
The department shall be responsible for the cost of medical
				  and dental health care needs of the prisoners including emergencies while
				  assigned to the public works project.
Added at 10 Ok Reg 2667,
				  eff 7-1-93
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 10 - Prisoner Public Works Contracts › Subchapter 5 - Project Administration › Section 170:10-5-6 - Mediation and venue

Current through Vol. 41, No. 20, July 1, 2024
If any disputes or conflicts arise between the department and
				  public works agency the parties may agree to mediation under the Oklahoma
				  Dispute Resolution Act, 12 O.S., Section 1801 et seq, as amended. The parties
				  shall agree to use reasonable diligence to resolve any dispute or conflict
				  between them. Oklahoma County shall be the proper venue of any action which may
				  be filed between the parties.
Added at 10 Ok Reg 2667,
				  eff 7-1-93
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 10 - Prisoner Public Works Contracts › Subchapter 5 - Project Administration › Section 170:10-5-7 - Governmental disclaimer

Current through Vol. 41, No. 20, July 1, 2024
No member of or delegate to the Oklahoma Senate or House of
				  Representatives nor any member or delegate to the United States Congress, or
				  officer of the state or federal government shall be admitted to nor personally
				  benefit from any part of public works contracts.
Added at 10 Ok Reg 2667,
				  eff 7-1-93
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 10 - Prisoner Public Works Contracts › Subchapter 5 - Project Administration › Section 170:10-5-8 - Public immunity

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				laws of the state of Oklahoma shall be applicable, and the state courts shall
				be the proper forum in which to resolve any legal action if mediation has
				failed.
(b) The Oklahoma
				Governmental Torts Claims Act Title 51 O. S., Section
				151 et
				seq, shall be applicable to the contracts and agencies shall not be held
				responsible for the actions or inactions resulting in tortious conduct of
				prisoners in any forum or for the decision to place any person in any public
				works project as defined in 57 O.S., Sections 227 and 228.
Added at 10 Ok Reg 2667,
				  eff 7-1-93
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 10 - Prisoner Public Works Contracts › Subchapter 5 - Project Administration › Section 170:10-5-9 - Community work centers and prisoner public works contracts

Current through Vol. 41, No. 20, July 1, 2024
Community work centers created under 57 O. S., Section 563(B)
				  shall be governed by this Chapter in the provision of prisoner
				  labor.
Added at 10 Ok Reg 2667,
				  eff 7-1-93
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 10 - Prisoner Public Works Contracts › Subchapter 5 - Project Administration › Section 170:10-5-10 - Service and maintenance work for other state agencies, counties, and municipalities

Current through Vol. 41, No. 20, July 1, 2024
Inmates assigned to a state agency, or to county or municipal
				  jail for service and maintenance work in which inmates are provided lodging,
				  food, and personal expense money, shall be governed by this Chapter in the
				  provision of such prisoner labor.
Added at 10 Ok Reg 2667,
				  eff 7-1-93
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 15 - Private Prison Contractor Compliance Monitoring › Subchapter 1 - General Provisions › Section 170:15-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this Chapter establish the procedures and
				  standards for the Oklahoma Department of Corrections to monitor and evaluate
				  private prison contractors operating in the state who house inmates under the
				  custody of the Oklahoma Department of Corrections, inmates from out of state
				  jurisdictions and inmates in federal custody who are housed in private
				  prisons.
Added at 10 Ok Reg 2669,
				  eff 7-1-93; Amended at 22 Ok Reg 2350, eff
				  7-11-05
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 15 - Private Prison Contractor Compliance Monitoring › Subchapter 1 - General Provisions › Section 170:15-1-2 - Scope: initial point of contact

Current through Vol. 41, No. 20, July 1, 2024
Section E of 57 O.S., Section 563.3 requires the Oklahoma Department of Corrections to promulgate and adopt rules for the implementation of this section.
This Chapter is concerned with:
(1) Approval by the department of internal and perimeter security;
(2) Adequate food, housing, and medical care in the private prisons;
(3) Financial condition of the private contractor;
(4) The ability of the private prison contractor to comply with American Correctional Association standards; and
(5) Adequate insurance coverage to indemnify the state, its political subdivisions, and its officers, agents, and employees for expenses or losses incurred in intervening in the operation of the private prison, and to indemnify and hold harmless the stat, its political subdivisions, its officers and employees for acts resulting in liability by inmates, officers, and employees of the private contractor or stockholders;
(6) Requirement to obtain written authorization for operation of a private prison from the governing board of the municipality in which the facility is located or from the county commissioners if the facility is located outside a municipality;
(7) Conducting FBI and OSBI felony record searches of all employees;
(8) Provision for regular on site monitoring by the Oklahoma Department of Corrections Private Prison Administration unit for statutory, contractual and operational compliance. Access shall be unrestricted;
(9) Collection of fees for monitoring compliance with statutory requirements;
(10) The creation of a continuing compliance process and a process for closing the private facility for noncompliance.
Added at 10 Ok Reg 2669,
				  eff 7-1-93; Amended at 22 Ok Reg 2350, eff
				  7-11-05
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 15 - Private Prison Contractor Compliance Monitoring › Subchapter 3 - Monitoring Process › Section 170:15-3-1 - Compliance monitoring

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Department of Corrections private prison administration unit is responsible for
				establishing inspection standards for new and existing private prison
				facilities. The private prison facilities will be monitored for compliance to
				applicable state laws, contractual requirements, Department of Corrections
				operations memoranda, facility post orders and American Correctional
				Association standards. Compliance monitoring audits will be conducted on a
				quarterly and annual basis for each private prison facility housing Oklahoma
				inmates, out of state inmates and inmates in federal custody.
(b) Appointment. The private prison
				administrator shall appoint not less than three but not more than 15 qualified
				persons to the audit team to complete the preliminary audit within a reasonable
				amount of time not to exceed 60 days pursuant to this Chapter. The private
				prison administrator shall appoint a chairperson of the audit team who shall
				supervise the completion of the report. The private prison administrator may
				appoint a full and/or part time contract monitor for contract and non-contract
				private prison oversight.
(c)
				Duties and Responsibilities. The audit team, as directed, shall be responsible
				for preliminary audits, and shall conduct periodic monitoring audits of the
				performance and continued compliance of the private prison contractor with the
				provisions of these rules and the standards set forth in this
				Chapter.
Added at 10 Ok Reg 2669,
				  eff 7-1-93; Amended at 22 Ok Reg 2350, eff
				  7-11-05
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 15 - Private Prison Contractor Compliance Monitoring › Subchapter 3 - Monitoring Process › Section 170:15-3-2 - Standards

Current through Vol. 41, No. 20, July 1, 2024
(a) The department
				shall use the latest American Correctional Association standards as amended and
				updated applicable statutes, codes, and procedures. The department audit team
				may function in compliance with audit team roles and responsibilities pursuant
				to the American Correctional Association protocol for audit teams.
(b) The private prison administration shall
				monitor and evaluate the internal and perimeter security of the private prison
				contractor to ensure adequate protection of the public. Criteria for evaluation
				will include, but not be limited to facility post orders, applicable Department
				of Corrections Operations memoranda and American Correctional Association
				security standards. Specific areas audited during preliminary and subsequent
				quarterly / annual inspections are listed below.
(1) Internal Security/Inmate Accountability
				Procedures
(A) Frequency of Counts
(B) Post Orders
(C) Security Inspections
(D) Key Control
(E) Emergency Keys
(F) Locking Mechanisms
(G) Tool Control
(H) Security Equipment
(I) Inmate Physical Identification
(J) Staff /Visitor Identification
(K) Visitor Searches
(L) Communication Devices
(M) Contraband Control
(N) Segregation Unit
(O) Internal Patrols
(P) Surveillance
(Q) Intelligence program
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 15 - Private Prison Contractor Compliance Monitoring › Subchapter 3 - Monitoring Process › Section 170:15-3-3 - Preliminary audit

Current through Vol. 41, No. 20, July 1, 2024
(a) Within two
				months of commencing operations, a private prison contractor, shall notify the
				director and request a preliminary audit to determine whether commencing
				operations of the new private facility constitutes a threat to the public
				safety. If the audit finds deficiencies which constitute a threat to the public
				safety, the Director shall notify the private prison contractor of intentions
				to order the facility to cease operations within 60 days of receipt of the
				notice of intent, unless the deficiencies are remedied.
(b) The private prison contractor, upon
				receiving notice from the director of an intention to order a cessation of
				operations, may appeal and prepare a plan to correct the deficiencies within
				the 60 day notice period. If no plan is submitted and/or the deficiencies are
				not corrected within the 60-day notice period, the director may order a private
				prison contractor to cease operations within 30 days after receipt of the
				notice to cease. Any order of the director to cease operations shall be
				enforced by injunction issued by a district court of this state. Any and all
				such legal costs of procuring and enforcing such order shall be assessed
				against the private prison contractor.
Added at 10 Ok Reg 2669,
				  eff 7-1-93; Amended at 22 Ok Reg 2350, eff
				  7-11-05
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 15 - Private Prison Contractor Compliance Monitoring › Subchapter 3 - Monitoring Process › Section 170:15-3-4 - American Correctional Association audit

Current through Vol. 41, No. 20, July 1, 2024
(a) The private prison contractor shall
				stipulate in its accreditation audit contract a requirement that the Commission
				on Accreditation of the American Correctional Association notify the director
				within ten days of its final determination on accreditation. If denied, the
				director shall, within five days, send notice to the private prison contractor
				to cease its operations within 30 days.
(b) Any order of the director to cease
				operations shall be enforced by injunction issued by a district court of this
				state. Any and all such legal costs of procuring and enforcing such order shall
				be assessed against the private prison contractor.
Added at 10 Ok Reg 2669,
				  eff 7-1-93; Amended at 22 Ok Reg 2350, eff
				  7-11-05
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 15 - Private Prison Contractor Compliance Monitoring › Subchapter 3 - Monitoring Process › Section 170:15-3-4.1 - Annual Compliance audits

Current through Vol. 41, No. 20, July 1, 2024
(a) The private prison administrator shall
				appoint an audit team of up to 15 persons to conduct an annual audit of the
				performance and continued compliance of a contractor with the provision of
				rules and standards as set forth in OS 57.563.2 and OS 57.563.3 and with the
				facility operational plan. The department will utilize the Standards for Adult
				Correctional Institutions as amended and published by the American Correctional
				Association, applicable Department of Corrections operations memoranda,
				contractual requirements and pertinent state statutes.
(b) Private contractors will prepare
				corrective action plans for deficiencies found by the audit team. The private
				prison administrator will monitor corrective action plans for completion within
				time frames established in the approved corrective action plan.
Added at 22 Ok Reg 2350,
				  eff 7-11-05
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 15 - Private Prison Contractor Compliance Monitoring › Subchapter 3 - Monitoring Process › Section 170:15-3-5 - American Correctional Association accreditation

Current through Vol. 41, No. 20, July 1, 2024
Every private prison contractor shall, at its own expense,
				  take steps to achieve accreditation by the Commission on Accreditation for
				  Corrections of the American Correctional Association standards. Accreditation
				  shall be achieved within three years of commencing operation and must be
				  maintained (S/S 57-561.1.).
(1) The
				private prison shall be accredited as to the type of facility it is operating.
				If the facility is a jail, then the standards applicable to jails shall be
				used. For prisons, the standards applicable to institutions shall be
				utilized.
(2) The private prison
				contractor shall notify the director when an audit by American Correctional
				Association has been scheduled and shall send a copy of the American
				Correctional Association audit team report to the director within five working
				days of receipt of the final report.
(3) The private prison contractor shall
				notify the director within five working days of receiving the final action by
				the Commission on Accreditation.
Added at 10 Ok Reg 2669,
				  eff 7-1-93; Amended at 22 Ok Reg 2350, eff
				  7-11-05
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 15 - Private Prison Contractor Compliance Monitoring › Subchapter 5 - Appeal of Audits › Section 170:15-5-1 - Appeal and review of department audits

Current through Vol. 41, No. 20, July 1, 2024
(a) The department audit team shall submit a
				report of its findings and recommendations to the private prison contractor and
				the director.
(b) The private
				prison contractor shall have 30 days in which to review the audit report and
				appeal any findings or conclusions in writing to the private prison
				administrator. The private prison administrator, after consultation with the
				Deputy Director of Operations Support, shall review any appeals and render a
				decision, which shall be final, as to the findings and conclusion of the audit
				team. The provision of rule
				170:15-3-3
				shall apply.
Added at 10 Ok Reg 2669,
				  eff 7-1-93; Amended at 22 Ok Reg 2350, eff
				  7-11-05
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 15 - Private Prison Contractor Compliance Monitoring › Subchapter 7 - Costs › Section 170:15-7-1 - Costs for monitoring activities

Current through Vol. 41, No. 20, July 1, 2024
(a) The department shall charge the private
				prison contractor for costs incurred in conducting the preliminary and annual
				audit for monitoring compliance with the requirements of 57 O.S. Section
				563.3(A)
				( 1 ) and ( 2 ) .
(b) The
				department shall charge the private prison contractor for costs incurred in
				monitoring compliance with state statutes.
(1)
				Costs shall include, but not be limited to:
(A) The salary of monitoring team
				members;
(B) Per diem (if any) for
				the team members;
(C) Operational
				costs associated with the preparation and publication of their
				report;
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 15 - Private Prison Contractor Compliance Monitoring › Subchapter 7 - Costs › Section 170:15-7-2 - Costs for training

Current through Vol. 41, No. 20, July 1, 2024
The department may contract with the private prison
				  contractor to provide training for the private prison staff. The costs incurred
				  for the training shall be borne by the private prison contractor. Such costs
				  may include, but shall not be limited to, room and board, costs of supplies,
				  such as ammunition, paper, pencils, testing media, and other administrative
				  costs required to present the training, as agreed to between the
				  parties.
Added at 10 Ok Reg 2669,
				  eff 7-1-93
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 15 - Private Prison Contractor Compliance Monitoring › Subchapter 7 - Costs › Section 170:15-7-4 - Loss of services

Current through Vol. 41, No. 20, July 1, 2024
(a) If at
				any time during the contract period the contractor does not provide services as
				listed in the contract, the contractor shall be notified in writing by the
				private prison administrator to remedy the failed sections of the contract.
				Failure shall be based upon documented evidence obtained through contract
				monitor inspections, statutory compliance, contractual agreements, American
				Correctional Association Standards, State Health Department regulations and
				Office of the State Fire Marshal regulations.
(b) In the event the Department of
				Corrections expends funds to provide services, which the contractor has failed
				to provide, the Department of Corrections may recover the funds by assessing
				fees for the loss of services. The fees assessed will not exceed actual
				expenses. An invoice or statement shall be submitted to the contractor for
				costs incurred listing the line item costs and total.
Added at 22 Ok Reg 2350,
				  eff 7-11-05
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 15 - Private Prison Contractor Compliance Monitoring › Subchapter 7 - Costs › Section 170:15-7-5 - Liquidated damages

Current through Vol. 41, No. 20, July 1, 2024
In the event of non-compliance by the private prison
				  contractor to adhere to the provisions of the contract, the Department of
				  Corrections may assess liquidated damages for each day the breach of contract
				  remains unresolved.
Added at 22 Ok Reg 2350,
				  eff 7-11-05
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 15 - Private Prison Contractor Compliance Monitoring › Subchapter 9 - Private Prison Custody › Section 170:15-9-1 - Federal and out of state inmates

Current through Vol. 41, No. 20, July 1, 2024
(a) A private prison contractor under the
				provisions of OS 57-563.2. may be approved to house inmates under federal
				jurisdiction or inmates from an out of state jurisdiction.
(b) The State of Oklahoma shall not assume
				jurisdiction or custody of federal or out of state inmates.
(c) If an inmate is to be released,
				discharged, placed on probation or paroled, the sending state or federal
				jurisdiction will make arrangements to transfer the inmate back to the
				respective legal authority.
(d)
				Federal inmates or inmates from out of state shall not be allowed to leave the
				premises of the facility except to comply with a court order, receive medical
				care or work in approved minimum-security public works projects. To gain
				approval of minimum-security public works projects, contractors must follow the
				conditions listed below.
(1) The public works
				project is in or adjacent to the county or municipality in which the facility
				is located.
(2) Security procedures
				will ensure the safety of the public and the Department of Corrections has
				approved the procedures. Complete security procedures including post orders,
				supervision requirements, and transportation procedures will be reviewed by the
				Department of Corrections prior to approval of minimum-security work crews
				operating in the community or outside private prison property.
(3) The Department of Corrections and county
				or municipal authorities approve the public works project.
(4) The private contractor has procured and
				has in force liability insurance in the amount of $1,000,000 per incident. This
				liability insurance shall cover any loss resulting in participation in said
				project for any injuries occurring to inmates or employees.
(5) 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 other applicable provisions of federal
				law.
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 15 - Private Prison Contractor Compliance Monitoring › Subchapter 9 - Private Prison Custody › Section 170:15-9-2 - Private prison personnel

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				private prison contractor will 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; however a private prison
				contractor may employ personnel convicted of drug-related felonies who have
				completed a drug or other substance abuse program, deemed rehabilitated and
				free from supervision a minimum of one year to provide substance abuse
				programming for inmates of the facility.
(1)
				Ex-offender status will not prevent employment unless prohibited by
				law.
(2) Prior to appointment of an
				ex-felon, written approval must be obtained from the director.
Oklahoma Administrative Code › Title 170 - Department of Corrections › Chapter 15 - Private Prison Contractor Compliance Monitoring › Subchapter 9 - Private Prison Custody › Section 170:15-9-3 - Personnel qualifications

Current through Vol. 41, No. 20, July 1, 2024
The private prison contractor shall designate employee
				  positions for each job task required to operate the facility. The
				  qualifications for each employee position shall have the same minimum
				  qualifications or requirements as in comparable Office of Personnel management
				  positions for the Department of Corrections.
Added at 22 Ok Reg 2350,
				  eff 7-11-05