Walking cell to cell to ensure everyone is accounted for, Oklahoma County public defenders conduct occasional audits of the Oklahoma County Detention Center. Chief Public Defender Brigette Biffle says she's seen many issues inside the facility during her visits.
"We've seen issues with flooding, we've seen HVAC issues, and it is so hard to get around in the jail [...] It is extremely hard to get people to work there. The jail is down about 100 employees, and a lot of this is because of the building."
Built in 1991, the notorious jail failed its twelfth consecutive health inspection in July, and it often sees high mortality rates. The jail recently reported a statistical decrease in deaths, but in 2021, the jail mortality rate ranked second in the nation. Earlier this month, one person died after being found unresponsive in their cell.
"When we're talking about fights or life and death situations or someone who's maybe committing suicide, every single minute counts," Biffle said. "When you're in a building that has 13 floors, you don't really have the capability to get where you need to go as fast as possible."
The infrastructure also lacks adequate space for attorney-client meetings. The jail has just three meeting booths, despite housing 1,500 people on average. Over 80% of those people are pretrial — they're presumed innocent until proven guilty and have a right to legal counsel.
"[Attorneys] want to get over to the jail and see their clients. And that's extremely hard when there's basically only three rooms," Biffle said. "It's really limited for in-custody defendants to see their counsel, whether they're public defenders, whether they're private attorneys, there's just such limited space."
One upcoming ballot measure could change things.
In 2022, voters approved a $260 million bond to construct a new jail, but due to inaccurate financial estimates and inflation, the project's price tag ballooned before the county was able to break ground. It is now estimated to cost $860 million.
On Nov. 3, Oklahoma County voters will decide whether to implement a sales tax to fill the multimillion-dollar budget shortfall. If approved, the measure would create a four-tenths-of-a-cent sales tax. It would last for 25 years, beginning on April 1, 2027 and ending on March 1, 2051.
According to a written plan, revenue generated by the sales tax would prioritize the new jail's construction, but it will also fund facility operations, diversion programs, mental health facilities and supporting infrastructure.
"It'll make it better for law enforcement. It will make it better for the workers that are there right now," Biffle said. "The longer the wait, the worse off we are, and it's just something that needs to happen."
The new sales tax would cost local shoppers an extra 4 cents for every $10 they spend in Oklahoma County. It is expected to generate about $70 million annually, with a total of $600 million over 25 years.
"I understand some people think, 'Well, the price has skyrocketed, this [proposal] is so last minute. I don't know where all the money is going.' But at the end of the day, we have to have this," Biffle said. "Even one life saved is enough to see that we really need the new space."
Justice system leaders advocate for proposal at public safety forum
On Oct. 7, the Greater OKC Chamber hosted a public safety forum, where hosts and panelists encouraged attendees to vote 'yes' on the proposed sales tax. They highlighted some of their current concerns and plans for the future.
Oklahoma County District Attorney Vicki Behenna said many of the biggest issues at the current jail stem from poor infrastructure. One such issue is the jail's inefficient booking process, which impacts public safety and makes it more difficult to connect people to resources.
"A law enforcement officer that has had to arrest somebody and book them into the Oklahoma County jail, it is a 2 hour to 4 hour process," Behenna said. "That means there are law enforcement officers that are sitting in the receiving area of the Oklahoma County Jail, who are not on the street patrolling where we need them to patrol."
Behenna said the new jail plan includes infrastructure to improve that booking process. She also said mental health is one of the most pressing issues the justice system faces, and building the new jail next to the recently constructed behavioral care center is a necessity.
In August 2024, the Oklahoma County Board of County Commissioners voted to build a Behavioral Care Center — it's separate from the new jail, but both facilities are being built on the same plot of land. The Behavioral Care Center is funded by $40 million dollars of COVID-19 relief funds from the federal government's American Rescue Plan Act.
Behenna said having an effective assessment and reception area near the new jail would benefit people needing specialized services. She said it would also shorten the hours-long booking process law enforcement face at the current facility.
"If somebody has a mental illness, law enforcement officers [...] they can take them just to one place, get them assessed, get them treated, and get back on the street where we need them to be," Behenna said.
Perrin Duncan is program officer at Arnall Family Foundation, an OKC-based criminal justice nonprofit. Speaking on the panel, she said the Behavioral Care Center will be finished in January, and it will open its doors to clients in April.
Duncan said the jail has had issues since its construction in 1991, and is not an adequate place for anyone to stay. She highlighted the fact that the majority of people at the Oklahoma County Detention Center have not been convicted.
"Even though 84.1% of the people as of [Oct. 5] that are detained there are pre-trial, they're there for a median stay of 55.5 days," Duncan said. "We need to make sure that it's a place where people can stay for the time that they need to stay, but also get out and get access to diversion, get access to mental health resources and get on with their lives."
Secretary of Public Safety for the State of Oklahoma Tricia Everest said passing the tax would allow the county to come together to overcome persistent challenges.
"We'll be building a detention center of the future once again, a gold standard, not just for the state of Oklahoma, but for the nation," Everest said. "One that will be built with humanity, dignity, efficiency."
Everest said if the sales tax proposal is not approved and operations stay at the current jail, it will be "a true disaster."
"If we don't do it, I'm telling you, this building doesn't have that much longer," Everest said. "You are voting on the future."
Duncan said voters will pay either way, and encouraged attendees to vote "yes."
"We're paying for the failures. We're paying for it through lawsuits. We're paying for it through the fact that people's mental health is deteriorating in our facility currently," Duncan said.
County commissioners, legal stakeholders address economic challenges, concerns regarding jail size
All three Oklahoma County commissioners were present at the forum. Over the past year, each of them has been closely involved in searching for solutions to the county's broken justice system.
District 2 Commissioner Brian Maughan proposed the sales tax that will be on the Nov. 3 ballot. In an interview, he said he wrote the proposal to generate the exact amount of revenue to do debt service for construction and operational funds upon the jail's completion.
"Some others had wanted to have a fund that included other opportunities for spending, such as roads," Maughan said. "I'm not denying that there are needs out there, but I wasn't trying to get pork in the name of the jail. I just wanted it to be on a case by case basis that the voters decide on merit based on what is being presented to them."
Given the multi-million dollar budget shortfall, voters have expressed economic and transparency concerns. Maughan said if the tax is approved, he does not think individual voters will feel a significant economic impact.
"Just like I said, two-fifths of a penny," Maughan said. "Whenever you think about what the cost of things are now, that's just pretty marginal. However, I'm not scoffing at it and we certainly need it to operate [the new jail]."
On the other hand, if voters reject the sales tax, Maughan said the city would not be able to continue construction on the new jail.
"Once the money is exhausted from the bond, then we'll just have to halt construction. It is estimated that that will allow for a facility that could house up to maybe 400, so there could be a phase one opening of the jail," Maughan said.
Maughan said the Department of Justice will only allow a phase one opening of that size if the county commits to operating the old jail at the same time, since a capacity of 400 people is only a quarter of what the old jail currently houses.
"The cost of running two facilities means you have two booking, two nurses, two everything," Maughan said. "That's just really cost prohibitive. So we need this tax desperately in order to be able to finish it and get everybody completely transitioned from the old jail to the new jail."
Maughan explained potential reasons behind the increasing cost of the new jail. He said major projects in the metro area, increasing labor costs and rising inflation are all contributing factors.
"There's no starving worker out there for any of these subcontractors," Maughan said. "It has driven up supplies [costs] because there are so many of them being gobbled up by these other projects (...) It's great for the local economy. It's terrible for local governments trying to build something."
Maughan says that although construction for the neighboring Behavioral Care Center is fully funded, operations are currently contingent on the new sales tax being passed.
"While it will be open shortly after the first of the year [2027] in terms of completed construction, how fully optimized it is will depend on whether this tax passes, because it may just be operated at a minimal level," Maughan said.
This is the first sales tax proposal to make it to voters' ballots, but earlier this year, the Oklahoma County Board of Commissioners considered and subsequently rejected two previous proposals. One of those proposals was made by District 1 Commissioner Jason Lowe.
Lowe is one of multiple critics who have expressed concern on the size of the new jail. Many county leaders have opposing opinions on that factor.
"Under the framework of Commissioner Maughan, it potentially could be over 2,600 beds. When you have a jail that's 2,600 beds, guess what you're going to need to do? You're going to need to fill it," Lowe said. "There are no guardrails as far as how big they can potentially go."
Duncan said according to data from the Criminal Justice Authority Council, the county's jail population is seeing a downward trend. She also said building a bigger jail would encourage the system to fill it.
"So many people would be better off if they're able to stay with their families, stay employed and contribute to our community," Duncan said. "I'd advocate for keeping it on the smaller end of the scale."
Behenna said she usually agrees with Duncan, but this is one point where they differ. She said she advocates for a bigger jail, including 300-500 more beds than the current jail.
"I can promise you, as long as I'm the D.A., we're not going to fill to capacity just because we have the room," Behenna said. "Oklahoma City is not getting smaller, it's growing. And we have to have a place for people who are truly dangerous to reside."
But the future of Oklahoma County's justice system and the new jail depends on what voters decide on Nov. 3.
This report was produced by the Oklahoma Public Media Exchange, a collaboration of public media organizations. Help support collaborative journalism by donating at the link at the top of this webpage.
