Okla. Stat. » Title 57 — PRISONS AND REFORMATORIES
Oklahoma Statutes

Okla. Stat. tit. 57, § 38 (2026)

Jail reimbursement rate - Reimbursement for medical

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expenses. The Department of Corrections shall reimburse any county which is required to retain an inmate pursuant to subsection F of Section 37 of this title in an amount not to exceed Thirty-two Dollars ($32.00) per day for each inmate during such period of retention, unless the actual daily cost exceeds Thirty-two Dollars ($32.00). If the actual daily cost as determined by the county exceeds Thirty- two Dollars ($32.00), the county shall notify the Department of Corrections of the actual daily cost no later than September 30. If the county’s actual daily cost is accepted by the Department, such amount shall be the reimbursement rate for the county beginning the next fiscal year. If the Department rejects the county’s actual daily cost application, the actual daily cost reimbursement shall be

determined by the State Auditor and Inspector and shall be imposed beginning the next fiscal year. The Department shall distribute the reimbursement on a monthly basis upon receipt and approval of a billing statement from the county. The county shall use the reimbursement to defray expenses of equipping and maintaining the jail and payment of personnel. The Department of Corrections shall reimburse the county for the emergency medical care for physical injury or illness of the inmate retained under this section if the injury or illness is directly related to the incarceration and the county is required by law to provide such care for inmates in the jail. The Department shall not pay fees for medical care in excess of the rates established for Medicaid providers. The state shall not be liable for medical charges in excess of the Medicaid scheduled rate. The Department may accept any inmate required to have extended medical care upon application of the county. Added by Laws 1981, S.J.R. No. 14, p. 1291, § 3, emerg. eff. April 13, 1981. Amended by Laws 1992, c. 293, § 1, emerg. eff. May 25, 1992; Laws 1997, c. 133, § 76, eff. July 1, 1997; Laws 1999, c. 51, § 3, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 24, eff. July 1, 1999; Laws 2006, 2nd Ex. Sess., c. 74, § 8; Laws 2015, c. 307, § 2, eff. Nov. 1, 2015; Laws 2017, c. 260, § 2, eff. Nov. 1, 2017; Laws 2025, c. 394, § 1, eff. Nov. 1, 2025.

Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 2015–2023 · leading case: Oklahoma Dept. of Corr. v. Byrd, 2023 OK 97, 542 P.3d 845.
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Oklahoma Dept. of Corr. v. Byrd, 2023 OK 97, 542 P.3d 845. · cites it 21× “ON CERTIORARI TO COURT OF CIVIL APPEALS, DIVISION III HONORABLE DON ANDREWS, TRIAL JUDGE ¶ 0 On request of Tulsa County, the Oklahoma State Auditor and Inspector calculated the jail's "actual daily cost" to house Department of Corrections inmates pursuant to 57 O.S. § 38…”
Oklahoma Dept. of Corr. v. Byrd, 2023 OK 97, 542 P.3d 845. · cites it 21× “ON CERTIORARI TO COURT OF CIVIL APPEALS, DIVISION III HONORABLE DON ANDREWS, TRIAL JUDGE ¶ 0 On request of Tulsa County, the Oklahoma State Auditor and Inspector calculated the jail's "actual daily cost" to house Department of Corrections inmates pursuant to 57 O.S. § 38. The…”
Bd. of Cnty. Commissioners v. State ex rel. Okla. Dept. of Corr., 2021 OK CIV APP 33. “¶9 Title 57 O.S. §38 directs the Auditor to determine the actual daily reimbursement cost in certain situations.”
Bd. of Cnty. Commissioners v. Oklahoma Dep't of Corr., 2015 OK CIV APP 86, 362 P.3d 241. · cites it 2× “Is Expenditure of County Funds Required? T26 DOC argues that the Legislature made no direct command in 57 O.S.2011 § 38 that County "make up" any costs of housing state inmates that exceed the $27 per day maximum reimbursement.”
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