Is corrections reform possible this session?

ONE of the higher-profile issues this legislative session has been criminal justice reform, with a series of bills introduced following the work of a governor’s task force. We’ll see in these closing days of the session whether this effort really gets a boost.

Department of Corrections Director Joe Allbaugh didn’t sound encouraged in a radio interview last week, telling his host, “The likelihood of any serious criminal justice reform seems to be waning.” If true, that would be highly disappointing, given the need for change.

The $878 million budget hole lawmakers face is a potential roadblock to some of the reform efforts. Upfront money is needed to determine the best candidates for diversion or early release programs, and to bolster substance abuse and mental health programs. In addition, critics of some proposals note that it would do no good to enact sentencing reform for nonviolent offenders if funding isn’t available to help them stay on the straight and narrow once they’re released.

These concerns are valid. However, it’s also important for more lawmakers to acknowledge that the present approach to crime and punishment must change in Oklahoma. If not, it will require the construction of additional prisons in the next several years at a cost approaching $2 billion. Would that really be the best use of taxpayer dollars?

As it is, Oklahoma’s prison population continues to climb every year and now stands at about 26,500, with roughly 1,800 being held in county jails awaiting transfer to state lockups. Allbaugh says 65 percent of those in his system have histories of drug or alcohol abuse and are classified as nonviolent offenders.

“What are we doing?” he said. “The judges who say ‘Lock ’em up … they’ll get help in prison’ — there’s very little help in prison. We’re struggling to re-establish all the education and training programs that have been gutted in the last 20 years.”

Allbaugh’s pessimism about the likelihood of significant reform emerging may stem from the treatment some bills received in a House committee last month. One bill, with a goal of lowering the sentences of repeat nonviolent offenders, was pretty much gutted before being sent to a conference committee. Another bill would have provided courts more leeway to delay or waive offenders’ court costs, fines and penalties — an important move, because many offenders are poor and end up heavily burdened by these debts. Court officials and other agencies complained about the potential loss of revenue, so that language was amended out of the bill.

Reform advocates have kept pressure on lawmakers to embrace change. Last week they rallied at the Capitol in support of the task force-related legislation. In an op-ed in The Oklahoman, Sen. Greg Treat, R-Oklahoma City, author of a number of those bills, said his colleagues in both chambers need to “embrace criminal justice policies that protect public safety and protect taxpayer dollars.”

Allbaugh, meanwhile, noted that Oklahomans “are all in this boat together. This particular boat at DOC is not only listing, it’s sinking, and it’s a matter of time, frankly, before the feds come in and slam the door.”

Hyperbole? Perhaps. But does the state really want to take that dare?