A. The governing body of any city or town is authorized to enter into professional services contracts with the State Department of Corrections for the housing of state prisoners in any facility approved by the State Department of Corrections or private contractors for the management and operation of any jail owned by the city or town or for the incarceration of inmates in facilities owned and operated by the city or town. Such services shall meet any standards prescribed and established for jails in this state, including but not limited to standards concerning internal and perimeter security, discipline of inmates, employment of inmates, and proper food, clothing, housing, and medical care. Contracting procedures shall be pursuant to municipal ordinances. Said contracts shall be entered into for a period not to exceed fifty (50) years, subject to annual appropriation by the governing body of the city or town. Said contracts shall be valid for a fiscal year only if the governing body of the city or town provides an appropriation for the contract for the fiscal year.

B. Any contract between a city or town and private prison contractor, whereby the contractor provides for the housing, care, and control of inmates in a facility owned and operated by the contractor, shall contain provisions granting the city or town the option at the beginning of each fiscal year to purchase, at a predetermined price any such facility.

C. No contract authorized by the provisions of this section shall be awarded until the private contractor demonstrates to the satisfaction of the governing body:

1. that the contractor has the necessary qualifications and experience to provide the services specified in thecontract;

2. that the contractor has the necessary qualified personnel to implement the terms of the contract;

3. that the financial condition of the contractor is such that the terms of the contract can be fulfilled;

4. that the ability of the contractor to obtain insurance or provide self-insurance to:

a.indemnify the city or town against possible lawsuits arising from the operation of jail facilities by the contractor, and

b.compensate the city or town for any property damage or expenses incurred due to the operation of jail facilities; and

5. that the contractor has the ability to comply with applicable court orders and jail standards.

D. A person designated by the governing body of the city or town shall monitor implementation of the contract.

E. A private contractor, in implementing a contract pursuant to the provisions of this section, shall not be bound by state laws or other legislative enactments which govern the appointment, qualifications, duties, salaries or benefits of jailers or other employees of the jail facilities, except that any personnel authorized to carry and use firearms shall comply with the certification standards required by the provisions of Section 3311 of Title 70 of the Oklahoma Statutes and be authorized to use firearms only to prevent the commission of a felony, to prevent escape from custody, or to prevent an act which would cause death or serious bodily injury to the personnel or to another person.

F. Except as otherwise provided, any state law or municipal ordinance governing municipal jails shall apply to jail facilities operated by a private contractor.

G. Any offense which would be a crime if committed within a municipal jail also shall be a crime if committed in a jail facility operated by a private contractor.

Added by Laws 1987, c. 80, § 10, operative July 1, 1987. Amended by Laws 1987, c. 205, § 28, operative July 1, 1987.