§ 57-228. Tort immunity - Waiver - Insurance.

A.  The State of Oklahoma, all counties and municipalities of this state and all of their officers, agents, servants and employees, and all nonprofit organizations are hereby immune from liability for torts committed by or against any eligible offender described in subsection A of Section 227 of this title.  The state, counties and municipalities waive their immunity from liability for all torts committed by any eligible offender described in subsection A of Section 227 of this title to the extent of liability expressly and directly established in the Political Subdivision Tort Claims Act, Section 151 et seq. of Title 51 of the Oklahoma Statutes.  Provided, in no event shall the state, counties or municipalities be held liable for a decision to place an eligible offender in any of the programs described in subsection A of Section 227 of this title.

The waiver of immunity of the state shall take effect at 12:01 a.m. on October 1, 1985.

B.  As provided by law, the State of Oklahoma or any county or municipality of this state is authorized to purchase insurance policies or bonds or to self-insure to indemnify the state, county or municipality from any liability incurred pursuant to subsection A of this section.  The state, county or municipality shall determine the daily cost of any such insurance policy, bond or self-insurance and such cost may be taxed and collected as costs from the client participant.

Added by Laws 1984, c. 96, § 2, emerg. eff. April 4, 1984.  Amended by Laws 1992, c. 405, § 4, eff. July 1, 1992.