Criminal justice reform was the focus of both the Oklahoma House and Senate on Tuesday. Both chambers passed a slate of reform bills.
The House approved House Bill 2281 which would adjust penalties for numerous low-level property offenses, including larceny, forgery and other “paper crimes.” It creates a tiered penalty structure according to the value. For instance, crimes totaling $1,000 or less could result in up to one year of incarceration. Anything over $15,000 could mean up to eight years. For multiple thefts and repeat offenders, the measure would allow for the separate incidents to be aggregated to reach the felony threshold.
Rep. Terry O’Donnell is the author of HB 2281 and believes it has a chance to reduce the number of women behind bars in Oklahoma.
“Many women in our prison system have been convicted of low-level, non-violent crimes like larceny, forgery and writing bad checks,” said O’Donnell. “In fact, convictions for those crimes are where we are seeing some of the greatest growth in our corrections system. This is a prime example of an area where we can reform our system, reduce our prison population, rehabilitate offenders and keep families together.”
O’Donnell also authored House Bill 2286 which also won approval on Tuesday. It creates an administrative process for non-violent offenders who comply with case plans in prison so that the Pardon and Parole Board can focus on more serious offenders’ cases. HB 2286 also begins a geriatric parole process for inmates 60 and older and who have been determined not to be a threat to public safety.
“Less than 10 percent of our senior aged prisoners are released from incarceration on parole,” said O’Donnell. “The is bill will help get some of those non-violent older prisoners out of the system quicker so they can get back to their families, find work and become productive citizens.”
Both measures are headed to the Senate for consideration, which passed a handful of criminal justice reform measures on Tuesday.
The measures include:
Senate Bill 650 authorizes offenders of no more than one nonviolent felony to apply for expungement if they have no new convictions or pending charges within the last seven years.
Senate Bill 786 eliminates the mandatory minimum and allows a judge to sentence up to the current maximum sentence of seven years in prison for burglary in the second degree. Creates a new felony offense, burglary in the third degree (defined as breaking into a vehicle), punishable by up to five years in prison.
Senate Bill 649 reduces enhanced sentences for certain repeat nonviolent felonies.
Senate Bill 689 creates risk and needs assessment as a tool for sentencing; requires intervention programming on certain domestic violence convictions; failure of offender to pay fines and costs may not serve as a basis for revocation, other than restitution and willful nonpayment.
Senate Bill 793 changes the penalties for commercial drug offenses, and distinguishes conduct by possession with intent to distribute, distribution, and manufacturing.
Majority Floor Leader Greg Treat sponsored SB 649, SB 689 and SB 793. Senator Wayne Shaw is the author of SB 650 and SB 786.
Treat said the measures are part of a criminal justice reform plan which is back on track to becoming law.
“Oklahoma’s prison population is currently at 113 percent capacity and is projected to grow 25 percent by 2026. That is an unsustainable course. These reforms will slow that growth and even reduce Oklahoma’s overall prison population long-term,” Treat said. “Slowing the growth of the prison population will save the state hundreds of millions of dollars, allowing us to reinvest that money into education, health care, mental health services and other programs that will have a multiplying effect in further lowering incarceration rates.”
“These reforms are about more than saving money or reducing prison populations. This is a balanced approach to keep our communities safe while keeping more families together. We spend too much time and money locking up nonviolent offenders rather than investing in the treatment and rehabilitation. These reforms will keep more families together by ensuring nonviolent offenders get treatment and remain as taxpaying citizens,” Treat said.
The measures head to the House.
