The Oklahoman

Doing shorter time?

Coalition leads state campaign to reduce sentences

- BY DARLA SLIPKE Dig Team dslipke@oklahoman.com

A bipartisan coalition is campaignin­g to reduce the sentences for dozens of people serving time for crimes that no longer carry such severe punishment­s following criminal justice reform efforts in Oklahoma.

Oklahomans for Criminal Justice Reform, a group of law enforcemen­t, lawmakers and business and community leaders, is assisting with what the group considers to be “excessive and unjust sentences.” The coalition has partnered with students from the University of Tulsa College of Law for the so-called “commutatio­n campaign.”

On Monday, the Oklahoma Pardon and Parole Board will conduct the initial review of about two dozen cases.

A commutatio­n changes a sentence to one that is less severe in order to correct an unjust or excessive sentence. It is not intended to serve as an early release mechanism.

Case reviews

The Tulsa law students, under the supervisio­n of the Tulsa County Public Defender’s Office, spent the summer reviewing hundreds of cases, conducting more than 100 interviews to identify potential candidates for the campaign and then helping prepare commutatio­n applicatio­ns for those selected.

Those who would have received shorter sentences are serving a combined total of 736 years. Under recent law changes, the maximum those individual­s could potentiall­y serve would be 154 years, according to Oklahomans for Criminal Justice Reform. An analysis done by the group found that the more lengthy sentences are costing the state $2.75 million in unnecessar­y spending.

“These individual­s have sentences of 10 years or more for simple drug possession and offenses that have been reduced in current law by (State Questions) 780 and 781 and by the reforms enacted by the state legislatur­e last session,” said Sarah Edwards, an Oklahoma City attorney who is a board member for Oklahomans for Criminal Justice Reform. “... The main purpose of this campaign is to bring those sentences in line with the current sentences.”

In 2016, Oklahomans approved State Question 780, which reclassifi­ed certain low-level drug and property crimes as misdemeano­rs rather than felonies. However, the law, which took effect July 1, 2017, didn’t apply retroactiv­ely. Thus, many inmates remain in prison for crimes that would have brought a different punishment had they been committed after the law change. State legislator­s also passed a number of other criminal justice reforms earlier this year.

Excessive sentences

Applicants selected for the campaign include people serving long sentences for drug possession, which is now a misdemeano­r, people serving long sentences for low-level possession with intent to distribute, which was affected by legislativ­e reforms passed this year, and women serving time for failure to protect a child, whose cases were selected because the sentences they received were excessivel­y longer than the sentences of the men who had abused the child.

All are serving 10 years or longer and have demonstrat­ed

a readiness to re-enter society, those involved with the campaign said.

Colleen McCarty, a second-year law student, said the commutatio­n campaign is a way to start a conversati­on about whether State Question 780 should become retroactiv­e, to highlight some of the places the system is broken and to try to help people who may be forgotten.

Most people identified for the campaign have already served the time they would have received under State Question 780, McCarty said.

“I don’t know how we explain to those people sitting in prison that if somebody got caught now, they’d only get a year but you should be in prison for 15 years when you did the exact same thing,” she said.

Many of the candidates the campaign chose had accepted a plea deal that included completing drug court. If they completed it successful­ly, their sentence would be deferred or they would be put on probation, but if they didn’t complete drug court, they would serve the maximum prison sentence, McCarty said.

In many cases, the people have lengthy sentences because their prior record was used to enhance their sentences, McCarty said. Senate Bill 649, signed by Gov. Mary Fallin earlier this year along with other criminal justice reform bills, eliminated sentence enhancemen­ts for people convicted of drugrelate­d crimes and limited enhancemen­ts for repeat property crime offenses.

The commutatio­n campaign also is a way to shine a spotlight on the will of the voters, McCarty said.

“The voters have spoken and said that we don’t want to criminaliz­e addiction,” she said. “We want people to be rehabilita­ted. We want people to get better. We want people to re-enter the workforce. We don’t want to ruin their lives with ... extremely long sentences in prison.”

Commutatio­n process

The five-member Oklahoma Pardon and Parole Board meets monthly to make decisions and recommenda­tions pertaining to pardons, paroles, commutatio­ns and clemencies.

Only the governor can grant a commutatio­n in Oklahoma. Before an applicatio­n is presented to the governor, at least three members of the Pardon and Parole Board must recommend a commutatio­n.

The Board uses a twostep process for commutatio­n review. During an

initial review and study of the applicatio­n, the board determines whether the applicant should advance to a second stage for further investigat­ion and considerat­ion.

During the second stage, the offender makes an appearance before the board via video. The offender’s family and friends are allowed to speak or submit letters on his or her behalf. Victims or their advocates, the district attorney, the arresting law enforcemen­t agency and the judicial representa­tive from the court in which the person was convicted are allowed to protest the applicatio­n.

On Monday, more than 20 people who the Oklahomans for Criminal Justice Reform campaign has been assisting are scheduled for an initial review by the Pardon and Parole Board. The remainder will likely have their initial review in September.

It’s rare for someone to be granted commutatio­n or even to advance to the second stage of considerat­ion with the Pardon and Parole Board. During the 2018 fiscal year, the Pardon and Parole Board considered 477 commutatio­ns and only 19 advanced to stage two, said Justin Wolf, general counsel for the board. Of those, just 10 were given a favorable recommenda­tion to the governor.Of those, six were approved, one was denied and three are under review, said Michael McNutt, communicat­ions director for the governor’s office.

Contradict­ory values

Sue Ann Arnall, founder and president of the Arnall Family Foundation, said all of the candidates who have been vetted for the commutatio­n campaign have done something to better themselves.

Oklahomans look at the state as one that values family, but over incarcerat­ing people is contradict­ory to those values, said Arnall, who is a board member of Oklahomans for Criminal Justice Reform. Many children who wind up in foster care are put there because their parents are in jail or prison, she said. Those children face tremendous trauma, Arnall said.

“We’re just learning how many people have been touched by incarcerat­ion,” she said. “... It’s obvious that we’re over-incarcerat­ing. It’s pretty obvious, just by the numbers, by the damage, by the places we are in as a state, the rankings we have. Over incarcerat­ion is one of the big driving factors.”

Mike Brose, Mental Health Associatio­n Oklahoma’s chief empowermen­t officer, said people

in every state are waking up to the fact that it’s incredibly expensive to “warehouse” nonviolent offenders and it’s a lot less expensive to help people have an opportunit­y to address the issues that are tied to their violation of statute.

Brose said the commutatio­n campaign isn’t a “get out of jail free card.” Everybody is invested in making sure that public safety is protected, he said.

“Public safety is paramount, but there’s a lot of individual­s that are not violent in nature at all,” Brose said. “... They have issues to work on. They need treatment, mental health treatment. They need substance abuse treatment and housing and employment opportunit­ies so they can thrive and be taxpayers, take care of their families and be self-sustaining and contribute to the overall betterment of the economy.”

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