Bill to streamline ODOC inmate processing earns governor’s approval

OKLAHOMA CITY, OK – A bill to stop county sheriffs from being charged to house inmates before they can be transferred into the custody of the Oklahoma Department of Corrections (ODOC) was signed by the governor this week.

Senate Bill 244, authored by Sen. Micheal Bergstrom, R- Adair, authorizes ODOC to establish a dedicated electronic address to receive all electronically submitted judgment and sentence documents from counties and removes the penalty for county sheriffs related to the five-day notification requirement for county jails transferring a prisoner to the custody of the ODOC.  If ODOC receives the judgment and sentence documents after five days, ODOC will still be responsible for compensating the county jail that housed the inmate.

Bergstrom says he authored the bill after ODOC previously refused to pay counties for the housing of inmates in county jails after judgment has occurred in a court.  ODOC has previously argued that if counties do not notify them soon enough, it has the right to refuse payment. Attorney General Hunter recently issued an opinion that the practice of refusing payment by ODOC violates the Oklahoma Constitution by requiring counties to fund prisoner housing using ad valorem funding, which is what pays for the housing unless ODOC reimburses.

"Oklahoma counties and sheriffs have long been forced to cover the cost of housing felons after their convictions to the tune of millions of dollars each year," said Bergstrom. "Not only is this wrong but also unconstitutional. The Oklahoma constitution makes that clear and I was able to make that argument."

Bergstrom says he also authored the bill in response to county concerns that they do not get timely responses from ODOC when they do submit documentation as required.   SB 244 stipulates the court clerk is responsible for submitting pertinent inmate documentation in a timely manner.

"This bill addresses a long standing issue of whether ODOC can refuse to pay counties for the housing of inmates in county jails after judgment has been determined in a court of law,” said Bergstrom.  “While the Oklahoma Department of Corrections (ODOC) will now have to pay for that housing, I also included language in the bill for court clerks to be able to more efficiently notify ODOC of the convictions so transport of inmates can be expedited in a more timely manner.  We must obey the law, and that means ODOC must not be allowed to act in a way that is contrary to the constitution.”

SB 244 was signed by governor on Tuesday, April 30 and will go into effect 90 days after the legislative session adjourns.