1 THE STATE SENATE 2 Wednesday, April 6, 2005

3 ENGROSSED

4 House Bill No. 1434

5 ENGROSSED HOUSE BILL NO. 1434 - By: WILT and NANCE of the House and 6 SHURDEN of the Senate.

7 An Act relating to sheriffs; amending 19 O.S. 2001, Section 8 548, which relates to appointments and revocations of

9 undersheriffs and deputy sheriffs; modifying appointment and 10 revocation procedures; amending 22 O.S. 2001, Section 979a, 11 as last amended by Section 1, Chapter 455, O.S.L. 2004 (22 12 O.S. Supp. 2004, Section 979a), which relates to payment of 13 jail costs by inmate; deleting authority of municipal and 14 district attorneys to seek reimbursement of incarceration

15 costs; directing the court to order reimbursement of EHB 1434 EHB 16 incarceration costs; deleting certain monetary cap; and 17 providing an effective date.

18 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

19 SECTION 1. AMENDATORY 19 O.S. 2001, Section 548, is

20 amended to read as follows:

21 Section 548. A. Every appointment of an undersheriff or a

22 deputy sheriff, and every revocation of such appointments, shall be

23 in writing, under the hand of the sheriff, and shall be filed in the

24 office of the clerk of the county; but this. The sheriff shall

25 maintain a list of every appointment and revocation of an

26 undersheriff or deputy sheriff. The list shall be made available to

27 the public upon request.

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(Bold face denotes Committee Amendments) 1 B. This section shall not extend to any person who may be

2 deputized by any sheriff or undersheriff to do any particular act

3 only.

4 SECTION 2. AMENDATORY 22 O.S. 2001, Section 979a, as

5 last amended by Section 1, Chapter 455, O.S.L. 2004 (22 O.S. Supp.

6 2004, Section 979a), is amended to read as follows:

7 Section 979a. A. The municipal attorney or district attorney

8 shall ask the court to shall require a person confined in a city or

9 county jail, for any offense, to pay the jail facility the costs of

10 incarceration, both before and after conviction, upon conviction or

11 receiving a deferred sentence. The costs of incarceration shall be

12 collected by the clerk of the court as provided for collection of

13 other costs and fines, which shall be subject to review under the

14 procedures set forth in Section VIII of the Rules of the Oklahoma

15 Court of Criminal Appeals, Chapter 18, Appendix of Title 22. Costs

16 of incarceration shall include booking, receiving and processing

17 out, housing, food, clothing, medical care, dental care, and

18 psychiatric services. The costs for incarceration shall be an

19 amount equal to the actual cost of the services and shall be

20 determined by the chief of police for city jails, by the county

21 sheriff for county jails or by contract amount, if applicable. The

22 cost of incarceration shall be paid by the court clerk, when

23 collected, to the municipality, county or other public entity

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(Bold face denotes Committee Amendments) 1 responsible for the operation of all jail facilities where the

2 person is held before and after conviction. Five percent (5%) of

3 any amount collected by the court clerk shall be paid to the

4 municipal attorney’s or district attorney’s office, five percent

5 (5%) shall be transmitted by the court clerk to the District

6 Attorneys Council Revolving Fund, established by Section 215.28 of

7 Title 19 of the Oklahoma Statutes, to be used to fund personnel to

8 process victim compensation claims in district offices designated by

9 the Crime Victims Compensation Board and the remaining amount shall

10 be paid to the municipality, the sheriff’s service fee account or,

11 if the sheriff does not operate the jail facility, the remaining

12 amount shall be deposited with the public entity responsible for the

13 operation of the jail facility where the person is held. The court

14 shall order the defendant to reimburse all actual costs of

15 incarceration, upon conviction or upon entry of a deferred judgment

16 and sentence unless the defendant is a mentally ill person as

17 defined by Section 1-103 of Title 43A of the Oklahoma Statutes. The

18 sheriff shall give notice to the defendant of the actual costs owed

19 before any court-ordered costs are collected. The defendant shall

20 have an opportunity to object to the amount of costs solely on the

21 grounds that the number of days served is incorrect. If no

22 objection is made, the costs may be collected in the amount stated

23 in the notice to the defendant. The sheriff, municipality or other

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(Bold face denotes Committee Amendments) 1 public entity responsible for the operation of the jail may collect

2 costs of incarceration ordered by the court from the inmate’s jail

3 account of the inmate. If the funds collected from the inmate’s

4 jail account of the inmate are insufficient to satisfy the actual

5 incarceration costs ordered by the court, the sheriff, municipality

6 or other public entity responsible for the operation of the jail is

7 authorized to collect the remaining balance of the incarceration

8 costs by civil action. When the sheriff, municipality or other

9 public entity responsible for the operation of the jail collects any

10 court-ordered incarceration costs from an inmate’s the jail account

11 of an inmate or by criminal or civil action, the court clerk shall

12 be notified of the amount collected.

13 B. Any offender receiving routine or emergency medical services

14 or medications or injured during the commission of a felony or

15 misdemeanor offense and administered any medical care shall be

16 required to reimburse the sheriff, municipality or other public

17 entity responsible for the operation of the jail, the full amount

18 paid by the sheriff, municipality or other public entity responsible

19 for the operation of the jail for any medical care or treatment

20 administered to such offender during any period of incarceration or

21 preceding incarceration in that jail facility. The sheriff,

22 municipality or other public entity responsible for the operation of

23 the jail may deduct the costs of medical care and treatment as

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(Bold face denotes Committee Amendments) 1 authorized by Section 531 of Title 19 of the Oklahoma Statutes. If

2 the funds collected from the inmate’s jail account of the inmate are

3 insufficient to satisfy the actual medical costs paid, the sheriff,

4 municipality or other public entity responsible for the operation of

5 the jail shall be authorized to collect the remaining balance of the

6 medical care and treatment by civil actions.

7 C. Costs of incarceration shall be a debt of the inmate owed to

8 the municipality, county, or other public entity responsible for the

9 operation of the jail and may be collected as provided by law for

10 collection of any other civil debt or criminal penalty. Jail fees

11 shall not exceed Three Thousand Dollars ($3,000.00).

12 SECTION 3. This act shall become effective November 1, 2005.

13 COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT, dated 4-4-05 - 14 DO PASS.

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(Bold face denotes Committee Amendments)