Okla. Admin. Code § 310:670-5-5

Current through Vol. 42, No. 4, November 1, 2024

Section 310:670-5-5 - Classification and segregation

The facility administrator shall develop and implement written policies and procedures for the classification and segregation of inmates. The classification plan shall ensure the safety of inmates and staff. The following criteria shall ensure an adequate classification and reclassification system.

(1) Inmates of opposite sex shall be housed in separated living areas. Separation shall be by substantial architectural arrangements which permit no sustained sight contact. Housing of inmates with mixed gender identification will be administered in a manner to maximize inmate safety.

(2) Juvenile offenders.

(A) If detention of a juvenile is authorized, such juveniles shall be housed completely separate from adults without sustained sight and sound contact. Inadvertent contact with incarcerated adults outside of jail living areas not dedicated for use by juvenile offenders should be minimized.

(B) A juvenile may be held for up to six (6) hours for the purpose of identification, investigation, processing, release to parent(s), transfer to court, or transfer to juvenile facility following the initial custody.

(C) A juvenile criminal-type offender may be securely detained in an adult jail or lockup for up to six hours immediately before or immediately after a court appearance, provided sight and sound separation is maintained. This period may be extended to twenty-four hours (excluding weekends and holidays) where the jurisdiction is outside the metropolitan statistical area where:

(i) state law requires an initial court appearance within twenty-four (24) hours after being taken into custody;

(ii) there is no acceptable alternative placement; and

(iii) the jail has been determined by the Department to provide for sight and sound separation.

(3) Inmates considered to be a threat to other inmates or staff shall be housed separately from other inmates for the following reasons:

(A) Inmate's past criminal history;

(B) The nature and severity of the charges pending against the inmate;

(C) Inmate's behavior while in the facility; and

(D) Other relevant reasons as directed by the administrator.

(4) Inmates may be double-celled or confined to barrack-style housing if the floor space meets the square footage requirements. These inmates shall be afforded the same living conditions and privileges as those occupying the general population. Any exception regarding conditions and privileges shall be defined by the administrator.

(5) Inmates who are intoxicated or under the influence of a controlled substance shall be housed separately from other inmates until such time as the medical authority or the detention facility administrator determines their suitability for placement into general population or other appropriate housing.

(6) Inmates who appear to have a significant medical or psychiatric problem may be separated from other inmates.

(7) Unsentenced inmates shall be separated from sentenced inmates, to the extent possible, and shall be permitted whatever confinement is least restrictive unless inmate behavior or other security considerations dictate otherwise.

(8) Classification and segregation shall not be done solely on the basis of race, color, creed or national origin.

Okla. Admin. Code § 310:670-5-5

Amended by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 9/13/2019

Amended by Oklahoma Register, Volume 41, Issue 22, August 1, 2024, eff. 8/11/2024