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State owes Tulsa County $15M for housing inmates, commissioners say

Jail Cell
Posted at 12:26 PM, Nov 07, 2023
and last updated 2023-11-08 18:25:03-05

TULSA, Okla. — Tulsa County officials and the Oklahoma Department of Corrections are at odds over what it costs to house state inmates in the Tulsa County Jail.

The Tulsa County Board of Commissioners filed a petition to reconsider the Supreme Court of Oklahoma's Oct. 10 decision that defined the daily cost of housing an ODOC prisoner.

Tulsa County is asking the court to review it again—because commissioners say it’s unconstitutional to rule otherwise.

“Your parents always raised you not to take what isn’t yours and take your fair share, that’s all we’re asking for is fairness,” said Tulsa County Commissioner Kelly Dunkerley.

Tulsa County said it's only receiving $27 per day/inmate from the state. The $27 a day limit was set in 2011. In 2017, a state statute began requiring the state to reimburse counties for the cost of housing state prisoners at a daily rate determined by the State Auditor.

In the petition, the county argues the cost is actually $63.42, as determined by the State Auditor.

Because of this discrepancy in cost determination, Tulsa County says the state owes them $15 million.

Dunkerley says operations across Tulsa County will be impacted if the state does not pay back what it owes.

“That’s going to have a direct impact on our ability to provide other services like roads, police protection and parks,” said Dunkerley.

Tulsa County Sheriff Vic Regalado said he wants the Oklahoma Supreme Court to look at its decision to make local taxpayers pay the discrepancies.

“It is imperative the Oklahoma Supreme Court review their prior decision, forcing local taxpayers to foot the bill to house state inmates in county jails,” stated Regalado. “Whether its mental health or housing DOC inmates, the State cannot continue to burden Counties with their Constitutional obligations.”

The petition claims the state refuses to pay the rate determined by the State Auditor. The state also filed a lawsuit claiming the term "actual daily cost" used in the statute is too ambiguous for the State Auditor to "know what it meant."

Tulsa County says David L. Moss is bursting at the seams with ODOC prisoners, with 65 state prisoners awaiting transfer to the ODOC and at least four who have been in DLM for over 100 days.

The State Auditor determined the cost for ODOC to house inmates in ODOC facilities ranges from $60.96 to $113.66, depending on the security level.

Tulsa County says DLM closely resembles a maximum security ODOC prison, putting even the $63.42 number on the low end.

2 News reached out to the Oklahoma Department of Corrections. A spokesperson said they accept inmates from Tulsa County every week and have 20 scheduled for Wednesday and another 20 next week. They added the state’s inmates make up less than 3% of the capacity at David L. Moss.


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