Criminal justice reforms have yet to save the state money, prison chief says

A state agency has no plans to alter a recent report on criminal justice reform cost savings, despite concerns that its findings are not accurate.

The Office of Management and Enterprise Services on July 31 issued a report indicating a recent state question on criminal justice reform had saved the state more than $63 million in fiscal year 2018.

Department of Corrections Director Joe Allbaugh called the report just another “fiasco” by the Office of Management and Enterprise Services.

“There is no savings at this point in our system anywhere,” Allbaugh said. “We are way understaffed. We are crowded to the point there is no room to breathe for most men and women. And we have a crumbling system that operates hour to hour, minute by minute on a wing and a prayer that nothing will happen.”

The DOC director outlined his concerns in a letter to Gov. Mary Fallin and legislative leaders.

“I am pretty frosted about it, frankly,” Allbaugh told the Tulsa World.

Voters approved State Question 780 in 2016. The criminal justice reform effort reclassified some offenses, such as simple drug possession and property crimes, as misdemeanors rather than felonies.

A companion measure, State Question 781, requires that the savings be given to counties for rehabilitation programs through an appropriation.

It requires OMES to calculate the savings based on actual data or best estimates when actual data is not available. The calculation is final and can’t be adjusted for changes in the underlying data, according to the measure.

“My biggest concern is the taxpayer on the street sees that headline and they think, ‘OK, great, we have done our job on criminal justice reform and have saved $63 million,’” Allbaugh said. “It would be great if it was true. It is a falsehood.”

He said OMES should have consulted correctional experts on the numbers and methodology before releasing the report.

Shelley Zumwalt, an OMES spokeswoman, said the agency has no plans to redo the report or alter its findings.

The agency was required by law to issue the report and has done so, she said.

Allbaugh’s “continued assertion that there are no savings or cost avoidance as a result of these reforms seems highly illogical,” she said. “OMES acknowledges that the financial needs at DOC are significant and our report was in no way a directive on future funding to that agency.”

She agreed that additional feedback and data from DOC and other entities prior to releasing the report would have been a better approach.

Former House Speaker Kris Steele is chairman of Oklahomans for Criminal Justice Reform, which pushed the state questions.

While fewer people are going to prison as a result of SQ 780, the prison population continues to grow, he said.

SQ 780 was a start on criminal justice reform and was never believed to be an “end-all, be-all solution,” he said.

Steele said it will be a long time before the state sees an overall reduction in the prison population.