Who is responsible for funding and running an Oklahoma county jail: the sheriff, the county commissioners, or the excise board?
Plain-English summary
Senator Dana Prieto asked AG Drummond to sort out who pays for what at the county jail level. The opinion lays out a clean three-way split among three county actors:
- Sheriff: runs the jail day-to-day. Pays for inmate meals, medical care, bedding, washing, transportation, and training jailers. Must visit the jail monthly and conform operations to State Department of Health standards.
- Board of County Commissioners (BOCC): must establish (or arrange access to) the jail, annually inspect it, and provide funds for warming the jail, cells, beds and bedding, permanent fixtures, and structural repairs prescribed by a district judge or DOH. The BOCC also collects the annual jail budget request and submits it to the excise board.
- Excise board: holds final budget approval and has a duty to require "adequate provision" for the jail's mandatory governmental functions. The board can deny line items but cannot zero out a constitutionally mandated function.
The decisive piece: jail operation and maintenance is a constitutional duty (per Smartt and Protest of Kansas City S. Ry.), not just a statutory one. So when county dollars are tight, the jail comes first and statutory or other non-constitutional spending comes after.
The BOCC cannot dump section 51 obligations (heating, repairs, beds) onto the sheriff. The sheriff cannot dump section 52 obligations (food, medical, bedding) onto the BOCC. Each office has its own line item.
What this means for you
If you are an Oklahoma county sheriff
Your jail-related duties are statutory and constitutional under Smartt v. BOCC (1917) and Protest of Kansas City S. Ry. (1932). The legal force is the same as if they came from the Oklahoma Constitution directly. That is why these costs cannot be deferred while the county pays for non-constitutional priorities. Monthly inspections are required (57 O.S. § 53) and you must conform operations to DOH standards.
If the BOCC tries to make you fund warming, structural repairs, or beds out of your appropriation, you have a clear legal answer: § 51 puts those on the BOCC. You can voluntarily contract with the BOCC to handle them on a reimbursement basis, but you cannot be forced to.
If you are a county commissioner
Establishing or providing access to a jail is mandatory under § 41. Once established:
- Annually inspect the jail and document health, cleanliness, and discipline conditions.
- Provide funds for warming the jail, beds and bedding, permanent fixtures, and any repairs ordered by a district judge or the State Department of Health.
- You may appoint a medical officer to the jail and pay a salary from county funds (§ 51).
- Prepare the county's estimate of needs and financial statement and submit them to the excise board (68 O.S. §§ 3002, 3004).
You cannot push your § 51 duties onto the sheriff. If you try, you are exposing the county to litigation and potentially personal liability for misallocating funds.
If you sit on the county excise board
You are the watchdog. Section 3006(B) of title 68 makes you responsible for "requiring adequate provision for performance of mandatory constitutional and statutory governmental functions within the means available." If the BOCC submits a budget that underfunds the jail, you must require adequate funding, not just rubber-stamp it. The Court of Civil Appeals has upheld an excise board's denial of a county jail trust budget for failing to adequately fund constitutionally mandated entities including the sheriff's office.
You retain discretion on salaries (per Summey v. Tisdale) but cannot deny a legitimate appropriation that is within the available revenue.
If you operate or finance a county jail trust or regional jail district
The same rules apply to you. Whether the jail is run by the county directly, by a public trust, or by a private contractor, the jail must conform to county jail statutes and DOH regulations. The BOCC's section 51 funding obligations and the excise board's adequacy requirement carry over to the alternative operating structure.
If you are a taxpayer or local civic advocate
If your county is consistently behind on jail funding (constitutionally required) while spending on non-constitutional projects, the AG opinion gives you a binding legal hook. The remedy starts with the excise board, which has the duty and authority to require adequate jail funding before non-constitutional appropriations are approved.
If you represent a current or former inmate
The sheriff, not the BOCC, is the proper defendant for medical-care claims arising from the jail's daily operation (Estate of Crowell v. BOCC). The sheriff "makes the policies and provides the supervision" for inmate medical care.
Common questions
Q: My county does not have its own jail. Are county officials still on the hook?
A: Yes. Section 41 says every county must have a jail or arrangements for access to a jail in another county. The BOCC must arrange access; the funding obligations follow.
Q: Who pays when an inmate needs hospital care?
A: The sheriff is constitutionally responsible for medical care of inmates in the county jail (per Estate of Crowell). The BOCC pays inmate medical bills under 19 O.S. § 746.
Q: Can the BOCC require the sheriff to pay for jail repairs?
A: No. Section 51 places those costs squarely on the BOCC. The AG flatly rejected the argument that the BOCC could shift them to the sheriff. (The two offices may contract voluntarily, but the BOCC cannot compel.)
Q: What if there isn't enough money to fund the jail and other county priorities?
A: The jail comes first. Operating and maintaining the county jail is a constitutional duty under Smartt and Protest of Kansas City S. Ry. Statutory and other non-constitutional functions must wait.
Q: Can the county outsource jail operation to a private contractor?
A: Yes, on the recommendation of a county jail trust authority and with BOCC approval (19 O.S. § 744). The private contractor must follow county jail statutes and DOH regulations. The county still owns the constitutional duty.
Q: What about a regional jail district?
A: Counties can jointly create a regional jail district under 19 O.S. §§ 905–905.6. Each member county can keep its own jail for short-term holds, while the district handles longer-term housing.
Q: Does the excise board have to approve every line item the BOCC submits?
A: No. The board reviews appropriations for legality and adequacy. It cannot deny appropriations within available revenue for lawful purposes, but it can (and must) require additional funding for constitutionally mandated functions.
Background and statutory framework
Oklahoma's county sheriff and BOCC are constitutional offices (Okla. Const. art. XVII, §§ 1–2). The county excise board is a statutory creation, established by the legislature as a fiscal-watchdog agency between the BOCC and final budget enactment.
The Oklahoma Supreme Court built the constitutional grounding for county jail funding nearly a century ago:
- Smartt v. BOCC (1917), sheriff's duty to feed prisoners is constitutional, not just statutory; county cannot deprive the sheriff of the means to perform it.
- Protest of Kansas City S. Ry. Co. (1932), extended Smartt to all jail maintenance and operating supplies.
- Estate of Crowell v. BOCC (2010), medical-care responsibility for inmates rests with the sheriff.
Title 57 (Prisons and Reformatories) holds the operational rules. Title 19 (Counties and County Officers) holds the financial and structural rules. Title 68 (Revenue and Taxation) holds the budget process. The opinion ties them together with the rule from 2007 OK AG 35 (and confirmed here): constitutional duties take priority over statutory and non-constitutional ones in county appropriations.
The State Department of Health publishes jail standards under 74 O.S. § 192. Sheriffs must conform jail operations to those standards (57 O.S. § 47).
Citations and references
Statutes:
- 57 O.S.2021, §§ 1, 4, 41, 42, 47, 51, 52, 53, Jail establishment, oversight, sheriff and BOCC duties
- 19 O.S.2021, §§ 180.65, 513, 513.1, 731, 744, 746, 904.1–904.10, 905–905.6, County administration, jail trusts, regional districts
- 68 O.S.Supp.2023, §§ 3002, 3004, 3006, 3007, County budget process and excise board duties
- 74 O.S.Supp.2023, § 192: DOH jail standards
Cases:
- Smartt v. BOCC, 1917 OK 590, 169 P. 1101, sheriff's duty to feed inmates is constitutional
- Protest of Kansas City S. Ry. Co., 1932 OK 328, 11 P.2d 500, extended to all jail operations and maintenance
- Estate of Crowell v. BOCC, 2010 OK 5, 237 P.3d 134, sheriff's responsibility for inmate medical care
- Tulsa Cnty. Deputy Sheriff's FOP v. BOCC, 2000 OK 2, 995 P.2d 1124, definition of jail "operations"
- Summey v. Tisdale, 1982 OK 133, 658 P.2d 464, excise board's discretion over salaries
Source
- Landing page: https://oklahoma.gov/oag/opinions/ag-opinions/2024/ag-opinion-2024-6.html
- Original PDF: https://oklahoma.gov/content/dam/ok/en/oag/opinions/ag-opinions/2024/ag_opinion_2024-6.pdf
Original opinion text
GENTNER DRUMMOND
ATTORNEY GENERAL
ATTORNEY GENERAL OPINION
2024-6
The Honorable Dana Prieto
Oklahoma State Senate, District 34
2300 N. Lincoln Boulevard, Room 427
Oklahoma City, OK 73105
April 26, 2024
Dear Senator Prieto:
This office has received your request for an official Attorney General Opinion in which you ask,
in effect, the following questions:
1. What are the responsibilities of the sheriff and the responsibilities of the
Board of County Commissioners (“BOCC”) pertaining to the funding,
operation, and maintenance of the county jail?
2. What do the terms “maintenance” and “operation” include and who is
financially responsible for each?
3. Are the requirements in title 57, section 51 (2021) of the Oklahoma
Statutes, the sole responsibility of the BOCC?
4. Does the BOCC have a responsibility to provide funding for the
requirements in title 57, section 51 (2021) of the Oklahoma Statutes, and
should they be paid for from the county general fund?
5. Can the BOCC require the sheriff to fund the items in title 57, section 51
(2021) of the Oklahoma Statutes, without compensation?
6. If BOCC requires the sheriff to fund the responsibilities under title 57,
section 51 (2021) of the Oklahoma Statutes, should he/she be allowed
specific compensation to cover the expenses and if the answer is yes, to
what extent shall the sheriff be compensated?
7. What responsibility, if any, does the BOCC possess regarding the funding
of inmate meals and medical services for the county jail?
8. Are there items and requirements that are the sole financial responsibility
of the BOCC with regards to the county jail and if so, what are they?
9. Does the county, either through the BOCC or the excise board have a duty
to fund the jail at such a level it can be properly staffed at all times and
313 N.E. 21ST STREET • OKLAHOMA CITY, OK 73105 • (405) 521-3921 • FAX: (405) 521-6246
Senator Dana Prieto
Oklahoma State Senate, District 34
A.G. Opinion
Page 2
what are the staffing requirements of a county jail and are the staffing
requirements considered constitutional?
10. Is the operation and maintenance of the jail and sheriff’s office
constitutional? If the answer is yes, is it required that both be funded and
if so, to what extent?
I.
SUMMARY
Oklahoma law mandates that every county have a county jail, established under the authority of
the county commissioners and at the expense of the county, or access to a county jail in a
neighboring county. 57 O.S.2021, § 41. The county sheriff is responsible for the daily operation
and maintenance of the jail in a county that has established and operates a jail. As detailed below,
the sheriff’s duties include hiring and training jail personnel, transporting inmates to and from the
jail, and providing bedding, meals, and medical care to the inmates. In addition to establishing the
county jail, the BOCC must annually inspect the jail and fulfill its financial obligations to the jail.
57 O.S.2021, §§ 1, 51; 68 O.S.2021, § 3002. The latter duties include providing suitable means to
warm the jail and make repairs as prescribed by the Department of Health, as well as collecting
and submitting the annual needs of the jail to the county excise board. 57 O.S.2021, § 51; 68
O.S.2021, §§ 3002, 3004. Holding the final approval authority for appropriation of county funds,
the county excise board possesses a duty to ensure the county jail is adequately funded. 19
O.S.2021 & Supp.2023, §§ 180.65, 3006–07.
The duty to operate and maintain the county jail, once established, includes construction, repair,
upkeep, and other costs associated with keeping the jail functioning and operating for the wellbeing of the residents of the county and care of the inmates. Finally, the duties and responsibilities
of counties to operate and maintain a county jail are statutory and constitutional. This requires that
a county must prioritize funding the operations and maintenance of a county jail before
appropriating funds for statutory and other non-constitutional purposes.
II.
BACKGROUND
The Oklahoma Constitution establishes Oklahoma’s counties and creates county offices, including
those of the county commissioners and sheriff. OKLA. CONST. art. XVII, §§ 1–2. Each of
Oklahoma’s seventy-seven counties is a political subdivision of the state and have been described
by the Oklahoma Supreme Court as follows:
A county being an involuntary, subordinate political subdivision of the state,
created to aid in the administration of governmental affairs of said state, and
possessed of a portion of the sovereignty, has no inherent powers but derives those
powers solely from the state. All of the powers intrusted [sic] to it are the powers
of the sovereign[] which created it. Its duties are likewise the duties of the
sovereign[].
Johnston v. Conner, 1951 OK 262, ¶ 7, 236 P.2d 987, 989 (quoting Herndon v. Anderson, 1933
OK 490, ¶ 16, 25 P.2d 326, 329).
Senator Dana Prieto
Oklahoma State Senate, District 34
A.G. Opinion
Page 3
Therefore, while the Oklahoma Constitution creates the two offices that are the subject of your
inquiries—county sheriff and county commissioners—their duties and powers include those given
by the Legislature, which may change. Tulsa Exposition & Fair Corp. v. Bd. of Cnty. Comm’rs,
1970 OK 67, ¶ 27, 468 P.2d 501, 508 (the Legislature has the authority to define the duties and
powers of the several county officers and regulate county governmental affairs (citing Bd. of
Comm’rs v. News-Dispatch Print. & Audit Co., 1924 OK 396, 231 P. 250)); see also Tulsa
Exposition & Fair Corp., 1970 OK 67, ¶ 27, 468 P.2d at 508 (“Boards of County Commissioners
derive their powers and authority wholly from the statutes, and acts performed by them must be
done pursuant to authority granted by valid legislative action.”).
Just as the Legislature may abolish or change the duties of county offices, as it did with the county
superintendent of public instruction, it may also establish additional county offices and duties, like
it has with the county excise board.
Against this backdrop, this office answers your questions by analyzing the various duties and
functions of a BOCC, a county sheriff, and the county excise board, namely those under titles 19
and 57 of the Oklahoma Statutes concerning a county jail.
III.
DISCUSSION
A.
The county commissioners may establish a county jail and if they do, the county
commissioners have oversight and financial obligations concerning the county jail.
Generally, counties exercise their powers through the BOCC. The commissioners serve as the
administrative unit of the county, have a variety of duties under title 19 of the Oklahoma statutes,
and superintend the fiscal concerns of the county. 19 O.S.2021 & Supp.2023, §§ 3, 339, 345; Cavin
v. Bd. of Cnty. Comm’rs, 1934 OK 245, ¶ 11, 33 P.2d 477, 479; 2014 OK AG 15. It logically
follows then that Oklahoma imposes certain obligations on the county commissioners relating to
the establishment, expenses, and oversight of the county jail.
First, the statute plainly mandates that “[e]very county, by authority of the board of county
commissioners and at the expense of the county, shall have a jail or access to a jail in another
county for the safekeeping of prisoners lawfully committed.” 1 57 O.S.2021, § 41.
Once established, the county commissioners must annually inspect the jails in their respective
counties and “fully examine the health, cleanliness and discipline conditions of the jail.” 57
O.S.2021, § 1. Then, the provisions of title 57, section 51 set forth a significant obligation of the
BOCC. Section 51 provides:
It shall be the duty of the county commissioners, at their expense of the county,
to provide suitable means for warming the county jail and its cells or apartments,
County jails are prisons where persons are lawfully detained and confined. 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. 19 O.S.2021, § 731.
Alternatively, a less advisable option exists for a BOCC to tap into a county sinking fund to erect, remodel, or rebuild
the county jail. 19 O.S.2021, § 740.
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Senator Dana Prieto
Oklahoma State Senate, District 34
A.G. Opinion
Page 4
beds and bedding, and such other permanent fixtures and to make such repairs
as may be prescribed by the district judge or the State Department of Health. The
commissioners shall also have power to appoint a medical officer to the jail and
pay him such salary as they may think reasonable and proper, which shall be drawn
out of the county treasury, and said medical officer or any physician or surgeon
who may be employed in the jail shall make a report in writing whenever required
by said commissioners, district judge or grand jury.
57 O.S.2021, § 51 (emphasis added).
The term “means” is defined and understood as “available resources for payment” and “something
that helps attain an end.” Means, BLACK’S LAW DICTIONARY (8th ed. 2004). Accordingly, section
51 vests in the county commissioners the duty to provide suitable means (i.e., financial resources)
for the warming of the county jail, its cells, beds and bedding, and such other permanent fixtures
and repairs prescribed by a district court judge or the Department of Health.
Related, you also ask whether a BOCC can require the county sheriff to fund the matters identified
in title 57, section 51 (suitable means for warming the jail, cells, apartments, beds, bedding, and
other permanent fixtures, as well as repairs to the jail). This office answers your question in the
negative. Again, section 51 mandates that the county commissioners be responsible for providing
the funds for implementing the requirements thereunder. Significantly, no other office or officer
of the county is identified or charged, directly or indirectly, with the duty to provide available
resources for paying obligations incurred under section 51. This office does not read into the law
that which is not there. Kentucky Fried Chicken v. Snell, 2014 OK 35, 345 P.3d 351. Accordingly,
a BOCC is not authorized to require the sheriff to pay for the obligations imposed under title 57,
section 51. 2
B.
The county sheriff is charged with the daily keeping and maintaining of the county
jail.
Although the county commissioners may establish the county jail for the safekeeping of prisoners
lawfully committed, the “sheriff . . . shall have charge of the county jail.” 57 O.S.2021, § 47; 19
O.S.2021, § 513. Once established, the county sheriff is generally responsible for the daily affairs
and operations of a county jail. 3 19 O.S.2021, § 513 (“[t]he sheriff shall have the charge and
custody of the jail of his county, and all the prisoners in the same . . . .”).
Nothing prohibits a BOCC and a county sheriff from contracting for the county sheriff to pay for the
obligations under section 51, whether from funds appropriated to the county sheriff or on a reimbursement basis.
2
3
You ask what it means to “operate” and “maintain” the county jail. Neither “operate” nor “maintain” are
used in the statutes setting forth the county jail duties and responsibilities of the BOCC or county sheriff. See 19
O.S.2021, § 513; 57 O.S.2021, §§ 41, 51–52. However, both case law and prior opinions of this office use the term
“operate” in discussing county jail operations and functions. This office previously determined that “operations”
includes “all of the costs associated with compliance to statutory and administrative standards for jail operations.”
2015 OK AG 4, ¶ 7. This includes areas relating to “admission and release procedures, security, sanitary conditions,
diet, clothing, living space, discipline, prisoners’ rights, staff training, safety, prisoner supervision and segregation of
females, minors and the infirm.” Tulsa Cnty. Deputy Sheriff’s Fraternal Order of Police, Lodge No. 188 v. Bd. of
Senator Dana Prieto
Oklahoma State Senate, District 34
A.G. Opinion
Page 5
Generally, the county sheriff must visit the county jail at least monthly, inquire into the condition
of each inmate, and ensure appropriate training for jailers. 57 O.S.2021, § 53; 19 O.S.2021,
§ 513.1. The sheriff must also ensure the jail is “constantly kept in a clean and healthful condition
and shall see that strict attention is constantly paid to the personal cleanliness of all the prisoners
in his custody.” 57 O.S.2021, § 4.
To these ends and more specifically, the sheriff must provide “bed clothing, washing, board and
medical care when required, and all necessities for the comfort and welfare of prisoners as
specified by the standards promulgated” by the State Department of Health. 4 57 O.S.2021, § 52;
19 O.S.2021, § 746 (relating to payment for medical care); Estate of Crowell v. Bd. of Cnty.
Comm’rs, 2010 OK 5, ¶ 29, 237 P.3d 134, 143 (“[T]he responsibility for medical care of persons
incarcerated in the [county jail is placed] squarely on the sheriff. The sheriff makes the policies
and provides the supervision.”). Additionally, pursuant to the duties under title 57, section 52, the
sheriff is obligated to provide meals for the inmates. 57 O.S.2021, § 52; Board, BLACK’S LAW
DICTIONARY (8th ed. 2004) (defining “board” to include “[d]aily meals furnished to a guest at an
inn, boardinghouse, or other lodging
OK 590, 169 P. 1101; Protest of Kansas City S. Ry. Co. 1932 OK 328, 11 P.2d 500. And this office
previously determined that Oklahoma law requires the sheriff to transport inmates to court and
back to the county jail when the prisoners remain in the sheriff’s custody as a part of the general
duty of care. 1999 OK AG 14, ¶ 3; see also 57 O.S.2021, § 95 (requiring the sheriff to transport
persons convicted of an offense and sentenced to imprisonment in a facility other than a county
jail and providing for reimbursement for the transportation services). 5
Though it is not specifically within your inquiries, this office summarily notes the several
variations to the establishment and operation of a county jail. First, the Legislature allows a BOCC
to call an election on the question of whether to form a public trust to operate a county jail. 19
O.S.2021, §§ 904.1–904.10; 60 O.S.Supp.2022, § 176. 6 Furthermore, any county or combination
of counties, by resolution of their BOCC, may jointly create a regional jail district for the purpose
of planning, financing, constructing, maintaining, and operating a jail located within the
Cnty. Comm’rs, 2000 OK 2, ¶ 11, 995 P.2d 1124, 1129. Regarding the term “maintain,” the Oklahoma Supreme Court
has looked to the ordinary definition of the term, which means “the upkeep of property.” Heath v. Guardian Interlock
Network, Inc., 2016 OK 18, ¶¶ 16, 18, 369 P.3d 374, 379–80; see also Maintenance, BLACK’S LAW DICTIONARY (8th
ed. 2004) (the term means “the care and work put into property to keep it operating and productive; general repair and
upkeep”). Accordingly, in the context of your question, this office finds that the maintenance of a county jail includes
all construction, repair, and upkeep relating to the operations of a county jail.
The sheriff must conform jail operations to standards promulgated by the Oklahoma State Department of
Health. 57 O.S.2021, § 47; 74 O.S.Supp.2023, § 192.
4
In addition to the duties relating to the county jail, a county sheriff has other responsibilities, including
gathering livestock to test for disease, serving process, inspecting shooting galleries, and, more generally, keeping and
preserving the “peace of their respective counties, and to quiet and suppress all affrays, riots and unlawful assemblies
and insurrections.” 2 O.S.2021, § 6-100; 19 O.S.2021, § 545; 63 O.S.2021, § 704; 19 O.S.2021, § 516.
5
A county jail trust authority shall consist of “five (5) members and include the chairperson of the [BOCC],
the county sheriff, one member appointed by the presiding district court judge, one member appointed by the [BOCC],
and one member appointed by the county sheriff.” 19 O.S.2021, § 904.2.
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Senator Dana Prieto
Oklahoma State Senate, District 34
A.G. Opinion
Page 6
boundaries of those counties. 19 O.S.2021, §§ 905–905.6. 7 Additionally, upon the
recommendation of a county jail trust authority, the BOCC may enter contracts with private
contractors for the management and operation of any jail established and operated by the county.
19 O.S.2021, § 744; 57 O.S.2021, § 41.
Regardless of the manner of establishing and operating the county jail, the person responsible for
the administration of the jail must provide the county commissioners with the name, age, and basis
for the incarceration of each prisoner, and if the commissioners believe any provision of law has
been violated or neglected, they shall give notice to the district attorney of the county. 57 O.S.2021,
§ 1. And, whoever oversees the county jail administration must ensure that the jail is “constantly
kept in a clean and healthful condition and shall see that strict attention is constantly paid to the
personal cleanliness of all the prisoners” in the jail facility. 57 O.S.2021, § 4. And finally, jails that
public trusts or private contractors operate must conform their operations to statutes and
regulations governing jails operated by counties. 19 O.S.2021, §§ 513.2, 744; Tulsa Cnty. Deputy
Sheriff’s Fraternal Order of Police, 2000 OK 2, ¶¶ 11–12, 995 P.2d at 1129.
C.
Counties have statutory and constitutional duties to fund county jail maintenance and
operations and must ensure funds for such services are appropriated before statutory
or other non-constitutional purposes.
The fact that each office performs duties under statutory provisions does not equate to the duties
only being statutory duties. For example, the Oklahoma Supreme Court has held that a sheriff’s
expenditure of money to feed prisoners, under title 57, section 52, is a lawful discharge of duties
imposed upon the sheriff by the Constitution and state laws. Smartt, 1917 OK 590, 169 P.1101. In
Smartt, the county was depriving the sheriff of the means necessary to perform his mandatory duty
to feed the inmates by refusing to reimburse the feeding expenses. According to the Court, even
though the requirement to feed prisoners was mandated by statute, the county sheriff, as a
constitutional officer, was under a constitutional duty to feed prisoners, a function necessary for
the protection and well-being of the people. Id., 1917 OK 590, ¶¶ 4–6, 169 P.2d at 1102. The
Supreme Court subsequently confirmed its holding in Smartt and extended the constitutional duty
to providing supplies necessary for the maintenance and operation of the county jail under title 57,
section 52. Protest of Kansas City S. Ry. Co., 1932 OK 328, 11 P.2d 500. This office has previously
determined that, because the maintenance of a county jail is a constitutional duty, counties must
appropriate funds to the operation and maintenance of the county jail before appropriating funds
for any other statutory duties or other non-constitutional functions. 2007 OK AG 35, ¶¶ 11, 17.
D.
The county excise board has a duty to adequately fund the operations and
maintenance of the county jail.
Finally, you ask whether the county, either through the BOCC or the excise board, has a duty to
fund the county jail at adequate and proper levels. Because you ask about the BOCC and not a
county budget board, this office assumes your question relates to a county that operates under the
Any regional jail district is governed by a commission, composed of the county sheriff, and presiding county
commissioner from each county within the district. Provided, each county within the regional jail district may keep
its own county jail for holding inmates who have pled guilty, been found guilty of a crime or who are being held prior
to or during trial. 19 O.S.2021, § 905.6.
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Senator Dana Prieto
Oklahoma State Senate, District 34
A.G. Opinion
Page 7
county budget laws in title 68 of the Oklahoma Statutes. 8 As the entity charged with superintending
the fiscal concerns of the county, the BOCC has an obligation to prepare an estimate of needs and
a financial statement from estimates submitted by county officers and department heads, and then
submit the final versions to the county excise board. 2014 OK AG 15 ¶ 17; 68 O.S.2021, §§ 3002,
3004.
The powers and duties of the county excise boards are set forth in title 68, sections 3006–07.
Section 3006 states:
In its functionings [the county excise board] is hereby declared an agency of the
state, as a part of the system of checks and balances required by the Constitution,
and as such it is empowered to require adequate and accurate reporting of finances
and expenditures for all budget and supplemental purposes, charged with the duty
of requiring adequate provision for performance of mandatory constitutional and
statutory governmental functions within the means available, but it shall have no
authority thereafter to deny any appropriation for a lawful purpose if within the
income and revenue provided.
68 O.S.Supp.2023, § 3006(B) (emphasis added).
The Oklahoma Supreme Court has described the county excise board as follows:
The Board functions as a watchdog agency which is empowered to require adequate
and accurate reporting of finances and expenditures for all budgets and
supplemental purposes and to review all appropriations and requests to determine
if they are legal and adequately funded.
Summey v. Tisdale, 1982 OK 133, ¶ 10, 658 P.2d 464, 467 (emphasis added) (citing 68 O.S.1971
§ 2486 (current version at 68 O.S.Supp.2023, § 3006)).
In Summey, the Court concluded that the Legislature clearly intended to give county excise boards
discretion to approve salaries. 9 Id., 1982 OK 133, ¶ 17, 658 P.2d at 468–69. More recently, the
Oklahoma Court of Civil Appeals held that a county excise board has authority to deny funding
for a county jail trust for several reasons, including because the proposed budget failed to
adequately fund four constitutionally mandated governmental entities, including the sheriff’s
office. Accordingly, the county excise board has a duty to require adequate provision for
performance of mandatory constitutional and statutory governmental functions, including the
operations and maintenance of a county jail. Furthermore, because the duty to operate and maintain
Under Oklahoma law there are alternative methods by which counties may enact budgets for a particular
fiscal year. A county may use the procedures in the county budget laws in title 68 of the Oklahoma Statutes, or choose,
through action of its BOCC, to use the budget laws in title 19 of the Oklahoma Statutes. 68 O.S.2021 & Supp.2023,
§§ 3001–33; 19 O.S.2021, §§ 1401–21; 2007 OK AG 6 (describing the two alternative county budget methods).
8
The BOCC has the authority to recommend the total amount of funds that can be used, from the County
General Fund, for the combined salaries in each of the county officers, including the county sheriff. 19 O.S.2021,
§ 180.65. Ultimately, however, whether to approve the amount recommended by BOCC is a final determination of
the county excise board. Id.; 68 O.S.2021, § 3007.
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Senator Dana Prieto
Oklahoma State Senate, District 34
A.G. Opinion
Page 8
the county jail is constitutional, a county must first appropriate funds for all costs associated with
the county jail operations before funding other statutory or non-constitutional matters. Protest of
Kansas City S. Ry. Co., 1932 OK 328, ¶ 27, 11 P.2d at 509; 2007 OK AG 35, ¶ 17.
It is, therefore, the official Opinion of the Attorney General that:
1.
Every county must have a county jail, established under the authority of the
county commissioners and at the expense of the county, or access to a county
jail in a neighboring county. 57 O.S.2021, § 41. For counties operating a county
jail, the duty to keep it operational and maintained means all matters
associated with construction, repair, upkeep, and other costs to keep the jail
functioning for the well-being of the residents of the county and care of the
inmates.
2.
The county sheriff is responsible for the daily operation and maintenance of
the jail for a county that has established and operates a jail.
3.
The county commissioners have duties relating to establishing a county jail,
annually inspecting the jail, and funding the jail.
4.
Holding the final approval authority for appropriation of county funds, the
county excise board possesses a duty to ensure the county jail is adequately
funded. 19 O.S.2021, § 180.65; 68 O.S.Supp.2023, § 3006–07.
5.
And, finally, the aforementioned duties and responsibilities are statutory and
constitutional. As a constitutional duty, a county must prioritize funding the
operations and maintenance of a county jail before appropriating funds for
statutory and other non-constitutional purposes.
GENTNER DRUMMOND
ATTORNEY GENERAL OF OKLAHOMA
BRAD CLARK
DEPUTY GENERAL COUNSEL