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

Okla. Stat. tit. 57, § 42 (2026)

Common jails used as prisons, when

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The common jails in the several counties in the charge of the respective sheriffs, shall be used as prisons: 1. For the detention of persons charged with offenses, and duly committed for trial. 2. For the detention of persons who may be duly committed, to secure their attendance as witnesses on the trial of any criminal cause. 3. For the confinement of persons pursuant to a sentence, upon a conviction for an offense and of all other persons duly committed for any cause authorized by law. 4. For the confinement of persons who may be sentenced to imprisonment in the state prison, until they shall be removed thereto. R.L. 1910, § 4580.

Notes of Decisions
Cited in 10 cases (7 in the last 5 years), 1983–2024 · leading case: Hillcrest Med. Ctr. v. State ex rel. Dep't of Corr., 675 P.2d 432 (Okla. 1983).
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Hillcrest Med. Ctr. v. State ex rel. Dep't of Corr., 675 P.2d 432 (Okla. 1983). “57 O.S.1981 § 42(3) states that persons are properly confined in a county jail when the purpose of the confinement is to hear additional charges against him; therefore, the county sheriff is responsible for their needs.”
State ex rel. Dep't of Human Servs. v. Bd. of Cnty. Commissioners, 829 P.2d 961 (Okla. 1992). “57 O.S.1981 § 42(3) states that persons are properly confined in a county jail when the purpose of the confinement is to hear additional charges against him; therefore, the county sheriff is responsible for their needs.”
Oklahoma Dept. of Corr. v. Byrd, 2023 OK 97, 542 P.3d 845. · cites it 2× “For the confinement of persons pursuant to a sentence, upon a conviction for an offense and of all other persons duly committed for any cause authorized by law.”
Bd. of Cnty. Commissioners v. State ex rel. Okla. Dept. of Corr., 2021 OK CIV APP 33. “" 8 Title 57 O.S. §42 provides: "The common jails in the several counties in the charge of the respective sheriffs, shall be used as prisons: 1.”
Oklahoma Dept. of Corr. v. Byrd, 2023 OK 97, 542 P.3d 845. · cites it 2× “57 O.S. § 42. 2 The Department of Corrections shall reimburse any county which is required to retain an inmate pursuant to subsection E of Section 37 of this title in an amount not to exceed Twenty-seven Dollars ($27.”
Question Submitted by: The Honorable Steve Kunzweiler, Dist. Attorney, Dist. 14, 2015 OK AG 4 (Okla. Att’y Gen. 2015). · cites it 3× “57 O.S.2011, § 42. The Oklahoma State Department of Health is authorized to promulgate standards for the operation of county jails according to certain criteria provided by statute, and is required to inspect the jails at least one time each year to ensure compliance therewith.”
Question Submitted by: The Honorable Dana Prieto, Oklahoma State Senate, Dist. 34, 2024 OK AG 6 (Okla. Att’y Gen. 2024). “57 O.S.2021, § 42. A BOCC may call a county election for a tax levy to provide for the construction or repair of a county jail.”
Question Submitted by: The Honorable Dana Prieto, Oklahoma State Senate, Dist. 34, 2024 OK AG 6 (Okla. Att’y Gen. 2024). “57 O.S.2021, § 42. A BOCC may call a county election for a tax levy to provide for the construction or repair of a county jail.”
Question Submitted by: The Honorable Dana Prieto, Oklahoma State Senate, Dist. 34, 2024 OK AG 6 (Okla. Att’y Gen. 2024). “57 O.S.2021, § 42. A BOCC may call a county election for a tax levy to provide for the construction or repair of a county jail.”
Question Submitted by: The Honorable Dana Prieto, Oklahoma State Senate, Dist. 34, 2024 OK AG 6 (Okla. Att’y Gen. 2024). “57 O.S.2021, § 42. A BOCC may call a county election for a tax levy to provide for the construction or repair of a county jail.”
Okla. Stat. tit. 57, § 42(3): 2 cases
Hillcrest Med. Ctr. v. State ex rel. Dep't of Corr., 675 P.2d 432 (Okla. 1983). “57 O.S.1981 § 42(3) states that persons are properly confined in a county jail when the purpose of the confinement is to hear additional charges against him; therefore, the county sheriff is responsible for their needs.”
State ex rel. Dep't of Human Servs. v. Bd. of Cnty. Commissioners, 829 P.2d 961 (Okla. 1992). “57 O.S.1981 § 42(3) states that persons are properly confined in a county jail when the purpose of the confinement is to hear additional charges against him; therefore, the county sheriff is responsible for their needs.”
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