Inmate Marriages ............................................................................................................ 1
I. Policy ............................................................................................................................ 1
II. Procedures for the Initiation of Inmate Marriages ........................................................ 1
A. Eligibility .................................................................................................................. 1
B. Request to Marry ..................................................................................................... 1
C. Staff Assistance ...................................................................................................... 2
III. Prerequisite ................................................................................................................ 2
A. Documentation and Associated Costs ..................................................................... 2
B. Pre-Marriage Counseling ........................................................................................ 3
IV. Marriage Ceremony ................................................................................................... 3
A. Conducting the Ceremony ....................................................................................... 3
V. References .................................................................................................................. 4
VI. Action ......................................................................................................................... 4
Attachments ............................................................................................................... 6
Section-09 Programs
OP-090128
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Effective Date: 01/20/2022
Inmate Marriages
ACA Standards: None
Scott Crow, Director Signature on File
Oklahoma Department of Corrections
Inmate Marriages
I. Policy
The Oklahoma Department of Corrections (ODOC) does not encourage marriage
while incarcerated, although inmates who are legally eligible to become married in
accordance with Oklahoma law may be provided assistance in accordance with
this procedure.
II. Procedures for the Initiation of Inmate Marriages
A. Eligibility
1. All inmates may request to marry.
2. Inmates are not allowed to marry anyone who is incarcerated.
B. Request to Marry
1. An “Inmate Marriage Request” ” (Attachment A, attached) must be
obtained by the inmate. The inmate will complete the inmate section
of the form and mail it to his/her fiancé. The inmate’s fiancée will
complete the appropriate section of the form, sign it, and submit it to
the agency chaplain.
2. Formerly married inmates (common law or civil marriage) must
submit a copy of a valid divorce decree with their request for
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marriage unless the inmate’s fiancé(e) is also the person listed as a
common law spouse
3. Inmate marriage ceremonies will be conducted during the months of
March and September. “Inmate Marriage Request” (Attachment A,
attached) forms for March wedding ceremonies must be received by
December 1
st
of the preceding year. Request forms for September
wedding ceremonies must be received by June 1
st
. If the ceremony
does not take place as scheduled due to a failure to meet the
requirements set forth in this policy or a rule violation by either the
inmate or their fiancée, the inmate must submit a new request to be
considered for a future scheduled wedding ceremony date.
4. The agency chaplain will review the forms and forward the marriage
requests, along with the “Inmate Marriage Request Tracking and
Approval” form (Attachment B, attached) to the appropriate facility
chaplain for processing, unless the nature of the marriage request
violates restrictions placed on the chaplain by his/her
ordaining/endorsing religious organization. The agency chaplain will
work with the facility administration and other designated staff to
ensure such requests are processed appropriately.
C. Staff Assistance
At institutions, the facility head will designate staff to assist the inmate in
meeting the prerequisites for acquiring a marriage license. At community
corrections centers and halfway houses, the facility head will designate staff
to assist the inmate, when needed, in acquiring a marriage license.
III. Prerequisite
A. Documentation and Associated Costs
It is the responsibility of the inmate to ensure all documentation is completed
and associated costs are paid prior to the marriage ceremony.
Documentation and costs are as follows:
1. Divorce decree, where agency records indicate a previous marriage
(civil or common law) unless the fiancée is the same person indicated
in the previous marriage.
2. Approval by facility head or designee.
3. Proof of Age - Both parties must be a minimum of 18 years old,
according to a certified birth certificate or state ID.
4. Payment of license fee to the court clerk (costs to be paid by the
inmate or inmate’s fiancée).
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5. Transportation Costs - If the county where the facility is located
requires the inmate and fiancée to sign the county’s marriage record
book in the county clerk’s office, the inmate will be transported to the
county clerk’s office to sign.
a. The inmate is responsible for paying the facility all costs
incurred in transporting them to the county clerk’s office.
b. The cost of the transport will be the actual cost of the salary
and benefits of the transporting officer(s), as determined by
the agency, plus mileage cost.
c. Mileage cost is calculated in the following manner: Miles (as
determined by an objective internet based program such as
MapQuest) multiplied by the mileage rate (the current rate
established by the Internal Revenue Service (IRS) for
business expense deductions).
d. All costs must be paid prior to the transport.
B. Pre-Marriage Counseling
1. Pre-marriage counseling is not required and will not be provided by
the agency.
2. Pre-marriage counseling provided by qualified counselors from
outside the agency and paid for by the inmate or the inmate’s fiancée
will be permitted if the facility is able to provide appropriate
supervision.
3. Inmates are encouraged to participate in marriage and family skill
building programs where those programs are available.
IV. Marriage Ceremony
A. Conducting the Ceremony
1. When the prerequisites have been met, the marriage ceremony will
be added to list of marriages on the next scheduled date and
conducted in accordance with the security needs of the facility. Each
facility will designate no more than two days each year to conduct
marriage ceremonies, one during the month of September and one
during the month of March. If circumstances unrelated to the inmate
or their fiancée prevent the ceremonies from taking place as
scheduled, the facility will schedule an alternative date as soon as
possible.
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2. Marriage ceremonies will take place at the facility or, based on the
security level and supervision requirements, another location
approved by the facility head. Specific arrangements for the marriage
ceremony will be made in accordance with the security needs of the
facility.
3. The inmate or the inmate’s fiancée must arrange for a legally
authorized person to perform the ceremony. Facility staff will verify
that the officiant’s credentials are registered at a county courthouse
in the state of Oklahoma. If the ceremony is to be conducted at the
facility, the person performing the ceremony must provide the
necessary information for a criminal record check to be conducted at
least two weeks prior to the ceremony and be approved by the
facility. Any financial compensation paid to the person performing the
ceremony is the responsibility of the inmate or the inmate’s fiancée.
Chaplains employed by the agency are not allowed to perform
marriage ceremonies. No inmate may officiate at the wedding of
another inmate, regardless of the credentials possessed.
4. Clothing worn by inmates during the ceremony will be authorized in
accordance with OP-030120 entitled “Inmate Property.” At
community corrections centers or halfway houses, clothing will be
authorized by the facility head.
5. OP-030118 entitled “Visitation” will apply to guests at all weddings.
All guests must be approved visitors on the inmate’s visiting list. No
inmates will be allowed as guests at the wedding.
6. If the ceremony does not take place during regular/holiday visitation,
the newly married couple will be allowed a 30 minute monitored visit
with each other following the ceremony.
V. References
Policy Statement. P-090100 entitled "Provisions of Programs"
OP-030118 entitled “Visitation”
OP-030120 entitled “Inmate Property”
VI. Action
The appropriate administrator of Institutions/Community Corrections is responsible
for compliance with this procedure.
The administrator of Programs is responsible for the annual review and revisions.
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Effective Date: 01/20/2022
Any exceptions to this procedure will require prior written approval from the agency
director.
This procedure is effective as indicated.
Replaced: OP-090128 entitled “Inmate Marriages” dated October 8, 2020
Distribution: Policy and Operations Manual
Agency Website
