OKLAHOMA CITY – The Oklahoma County jail has twice refused surprise inspections from the Oklahoma State Department of Health, setting the stage for a potential standoff between the county’s district attorney and the state agency tasked with ensuring county jails are safe. 

The decision to block what should be a routine annual inspection has raised concerns among some who said unannounced visits are not unusual and are necessary to ensure inmates are receiving proper care.

County officials first denied entry to an inspector on June 25, saying the jail did not have enough staff to support the inspection, and again Tuesday for the same reason. 

Jail officials instead invited the Health Department to conduct the inspection on a predetermined date. 

The state Health Department rebuffed that offer in its own letter dated July 1, which Oklahoma Voice obtained with an open records request. 

“We will not be deterred from obtaining an accurate understanding of how the facility operates on a day-to-day basis and decline your invitation for a planned and potentially curated inspection,” wrote Health Commissioner Keith Reed. 

He wrote that it was concerning that the jail did not have adequate staff for inspections given its history of “noncompliance with basic health, safety, and sanitary standards.” 

The agency then attempted a second unannounced inspection Tuesday morning. 

In response, the Oklahoma County District Attorney’s Office sent a letter stating that the agency had “exceeded its lawful authority.”

Aaron Etherington, assistant district attorney, wrote in the letter that the Health Department must submit a 10-day notice prior to any inspections. 

The Health Department maintained Wednesday that unannounced inspections are legal and necessary and 10-day notice is not required. 

According to Oklahoma law, inspectors employed by the health department are permitted to enter the jail for inspections. 

Damion Shade, executive director for Oklahomans For Criminal Justice Reform, said the agency has the right to conduct unannounced inspections.

However, he said there could be legal context the public is unaware of that led the district attorney to support the jail in this case. 

Rep. Justin Humphrey, R-Lane, said he is a long-time advocate for improving prisons and detention centers around the state. When it comes to surprise inspections, he’s very supportive of them. 

“If they know something is coming, they’re gonna do things differently and prepare … If we have random inspections, you’re gonna have to be prepared at all times,” Humphrey said. “Who wouldn’t want that?”

The Oklahoma County jail has been plagued with problems since it opened in 1991. A trust, the Oklahoma County Criminal Justice Authority, took over administration of the jail in July 2020 but the jail continued to experience above average death rates, poor facilities, overcrowding and understaffing. 

“I think there are historical issues that have plagued that jail, really, since its design and inception,” Shade said. “I think it’s unfair to blame them (the trust) for all of those years of lost public trust.”

In 2023, The Oklahoman conducted a lengthy investigation which covered the long history of issues with the jail. Since the trust took over, over 40 people have died in custody, with four people dead this year alone. 

A grand jury decided in March 2023 that the trust controlling the jail should be dissolved, returning control to the county sheriff. So far the nine-person trust has opted to continue running the facility. 

Shade said that abiding by state laws reflects a commitment to voters and the Oklahomans incarcerated in the jail. He said these unannounced inspections could help to rebuild public trust in the jail. 

“If the state Health Department was going to a school and the school said, ‘Hey, we don’t have enough staff to walk you around. We can’t do surprise inspections,’ … I don’t think the public would be satisfied with that type of explanation in the context of a school,” Shade said. “So we certainly shouldn’t be satisfied with that explanation in the context of a jail where we have Oklahoma citizens.”

Back in 2022, unannounced inspections revealed repeated violations of state standards. Shade said such inspections help protect the civil rights of the people in the jail and ensure that they are being properly cared for. 

“You (voters) all pay the taxes. You have a right to know what is happening in any space that you are paying for to house Oklahoma citizens. Be that a school, be that a jail or a prison,” Shade said. “Oklahoma voters have a right to know what’s happening.”