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2026 Op. Okla. Att'y Gen. 1 (2026)

handle is hein.sag/sagok0061 and id is 1 raw text is: GENTNER T RUMMOND ATTORNEY GENERAL ATTORNEY GENERAL OPINION 2026-1 The Honorable Steve Bashore February 13, 2026 Deputy Majority Floor Leader Oklahoma House of Representatives, District 7 2300 N. Lincoln Boulevard, Room 456 Oklahoma City, OK 73105 Dear Leader Bashore: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. May a county sheriff transport an inmate of the county jail across state lines for medical treatment in cases where the closest medical facility appropriate to treat the inmate's condition is in another state? 2. Could a sheriff who transports an inmate to an in-state medical facility for treatment, despite a comparable or better out-of-state facility being closer to the county jail, be held liable for injury or death that results? 3. Do any constitutional provisions prevent the enactment of a statute allowing a sheriff to transport an inmate to an out-of-state medical facility? I. SUMMARY Under Oklahoma and federal law, county sheriffs must provide medical care to jail inmates, including emergency treatment. However, a sheriff's custodial authority over an inmate does not extend outside of Oklahoma, meaning a sheriff is not authorized to transport an inmate to another state for medical care. Because of this limitation, a sheriff is unlikely to be held liable under state or federal law for any injury or death of an inmate that results solely from transporting an inmate to an in-state medical facility instead of an out-of-state facility. Ultimately, however, any determination of liability will turn on the specific facts of the situation. Finally, while no provision of the Oklahoma Constitution prevents the Legislature from enacting a statute to allow a sheriff to transport an inmate across state lines for medical treatment, the statute will have limited effect without an agreement with any state to which the inmate is transported. 3 N.E. 21ST STREET * OKLAHO? DK 73105 * (405) 521-3 92 AX: (405) 521-6246