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OKLAHOMA DEPT. OF CORRECTIONS v. BYRD

No. 119,908 (cons. w/119,907).

542 P.3d 845 (2023)

2023 OK 97

OKLAHOMA DEPARTMENT OF CORRECTIONS, Petitioner/Appellant, v. Cindy BYRD, in her official capacity as State Auditor and Inspector of the State of Oklahoma, and Board of County Commissioners of the County of Tulsa, Oklahoma, and Tulsa County Criminal Justice Authority, Respondents/Appellees.

Supreme Court of Oklahoma.

Filed October 10, 2023.

Attorney(s) appearing for the Case

Craig A. Fitzgerald , Timothy J. Sullivan , Justin A. Lollman , GABLEGOTWALS, Tulsa, Oklahoma for Petitioner/Appellant.

V. Glenn Coffee , Lexie P. Norwood , and Denise Lawson , GLENN COFFEE & ASSOCIATES, PLLC, Oklahoma City, Oklahoma for Respondent/Appellee Cindy Byrd, in her official capacity as State Auditor and Inspector of the State of Oklahoma.

David B. Donchin , DURBIN, LARIMORE & BIALICK, Oklahoma City, Oklahoma for Respondent/Appellee Cindy Byrd in her official capacity as State Auditor and Inspector of the State of Oklahoma.

Douglas A. Wilson , Assistant District Attorney, Tulsa County District Attorney's Office, Tulsa, Oklahoma for Respondent/Appellee Board of County Commissioners of the County of Tulsa.

Stephen A. Kunzweiler , Tulsa County District Attorney, Tulsa County District Attorney's Office, Tulsa, Oklahoma for Respondent/Appellee Board of County Commissioners of the County of Tulsa.

Sharon K. Weaver , RIGGS, ABNEY, NEAL, TURPEN, ORBISON & LEWIS, P.C., Tulsa, Oklahoma for Respondents/Appellees Board of County Commissioners of the County of Tulsa and Tulsa County Criminal Justice Authority.

OPINION

¶1 Oklahoma counties are required to house state prison inmates in certain instances.1 In turn, Oklahoma law requires the state to reimburse counties Twenty-seven Dollars ($27.00) ("$27") per day per state inmate for the cost of housing, unless the "actual daily cost" exceeds $27...

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