After failed health inspections at most of Oklahoma’s county detention centers, a bill at the Legislature would allow jailers to ask the state for waivers from rules that set basic standards for humane conditions. 

Sen. Darrell Weaver, R-Moore, is quoted in a Senate press release saying that the bill creates standards for jail conditions.

But Oklahoma has required state health inspections to determine whether jails meet basic health and safety standards since the 1970s. The Oklahoma State Department of Health sets rules for security, health care, clean clothing, meals and sanitary living conditions at city and county jails based on requirements laid out in state law. 

In an interview with The Frontier, Weaver said that Senate Bill 595 would place the jail standards into state statute.

One new thing the bill would do is allow county sheriffs and other jailers to ask the Oklahoma State Department of Health for waivers if meeting the standards would impose “undue hardship.” The Health Department “may” ask jail officials to submit a plan and a timeline for compliance with the standards, but it wouldn’t be required. 

Weaver said SB 595 isn’t intended to help jails dodge state inspections. The goal is to allow detention centers to get waivers in the event of an emergency like a fire or tornado, he said. 

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“If you have a crisis like that, common sense says that you should get a waiver,” Weaver said. 

The bill would allow jails to ask for a waiver for hardships “including” natural disasters, but that wording wouldn’t preclude the Health Department from granting one for other reasons. The State Commissioner of Health would be tasked with drafting rules for the waiver process. 

The Oklahoma Sheriffs’ Association coordinated with the State Department of Health on the wording of the bill, a spokesperson for the Health Department said.

Ray McNair, executive director for the Oklahoma Sheriffs’ Association said waivers would help detention centers in the event of a catastrophe or or mechanical failure, giving jail officials time to make repairs and come into compliance with the standards.

“The problem with the way it currently is that if say we have a major roof leak or a boiler goes down and they do not have hot water and it is going to be a month or more before repairs can take place or parts get in,” McNair said in an emailed response to questions. “If they inspect during that period, that would be a major deficiency on the report with no follow-up inspection until next year to show it has been corrected.”

Some jails in the state have faced ongoing problems with detainee deaths and poor inspection results. State inspectors ruled 51 of the 65 county jails they visited were “not in substantial compliance” with the standards in 2024, according to inspection records.  Common violations included inadequate fire prevention policies and procedures, unclean and dilapidated facilities and failing to conduct hourly sight checks on detainees. 

“You get one deficiency mark, and you fail. There is no set mark for us to achieve, such as 70%. You either have deficiencies or not,” McNair said. 

The Health Department can file a complaint with the Oklahoma Attorney General, local district attorney or assess fines for jails that are out of compliance with the standards. But the agency hasn’t taken any such actions in the past year, a Health Department spokesperson said. Failed inspections can also attract negative media attention for county and local officials. The Health Department publishes the inspection reports online. 

The Cleveland County Detention Center failed a state health inspection in February for violations that included missing sight checks, dirty living conditions and a lack of access to sanitary products for women. At least six detainees have died at the Cleveland County jail since the beginning of 2024.

Court transcripts show that at least five detainees complained to Cleveland County Judge Thad Balkman about jail conditions in the weeks leading up to the inspection. Two detainees said there were long waits to see a medical provider. Four said they sometimes went two or three weeks without a change of clean clothing. Cleveland County Sheriff Chris Amason did not respond to a request for comment, but previously told The Frontier he disputed claims about unsanitary living conditions and lack of medical care at the jail. 

The Oklahoma County Detention Center has repeatedly failed health inspections. More than 50 people have died at the facility since 2020, including three this year. After Oklahoma County jailers refused to let state health inspectors enter due to a lack of staff last summer, an inspection in December revealed evidence of mice, bed bugs, roaches and inadequate medical care.

Allowing jails waivers from state health standards could make it harder for people to successfully sue over detention center conditions, said Spencer Bryan, a civil rights attorney who has represented family members of people who have died in Oklahoma jails.

Courts have recognized that a violation of the standards can be used to help hold jail officials legally responsible, Bryan said. A violation can be used as evidence in a lawsuit that jail officials knew of problems at a facility. 

“If a sheriff was exempt from those standards it would eliminate one of the best ways to establish liability,” Bryan said in an email.

The U.S. Constitution still requires jails to provide humane living conditions, said Dan Smolen, a civil rights attorney who has also sued on behalf of jail detainees and their families. 

“You can’t change the constitutional requirement for adequate medical care and adequate and safe housing for inmates,” Smolen said.