If all correctional facilities reach maximum capacity then:
- 1. The Pardon and Parole Board shall consider all nonviolent offenders for parole within the six (6) months prior to their scheduled release from a penal facility; and
- 2. No inmate may be received by a penal facility from a county jail without first scheduling a transfer with the Department; except when a county jail has reached its capacity of inmates based upon sixty (60) square feet per cell per inmate and seventy-five (75) square feet per inmate for dormitory space, then the county sheriff shall notify the Director of the Oklahoma Department of Corrections, or his designated representative, that the county jail has reached or exceeded its capacity to hold inmates. Then within seventy-two (72) hours following such notification, the county sheriff shall immediately transport the excess inmate or inmates to a penal facility, except a community treatment center designated by law for first-time, nonviolent offenders, designated by the Department.
Laws 1981, SJR 14, § 2, emerg. eff. April 13, 1981.