The Oklahoman

9 advance to chance for earlier release

- BY DARLA SLIPKE Dig Team dslipke@oklahoman.com

The Oklahoma Pardon and Parole Board voted Monday to advance nine more people being assisted through a “commutatio­n campaign” onto the second stage of review.

Oklahomans for Criminal Justice Reform, a bipartisan coalition of community leaders, has been working to help 46 people seek a sentence reduction.

Most of the individual­s are in prison for offenses that no longer carry long prison terms under recent reforms approved by voters and legislator­s, those involved with the campaign said. All are serving 10 years or longer.

A commutatio­n is a change of sentence to one that is less severe. It is intended to correct an unjust or excessive sentence, not to serve as an early release mechanism from prison.

Last month, the Pardon and Parole Board conducted an initial review of the first 23 applicants being assisted by the campaign and voted to move them on to stage two.

However, before voting to advance those individual­s, some members of the board expressed some hesitation and concerns about the prospect of releasing people without any sort of treatment or supervisio­n. Board members asked the campaign to provide additional informatio­n for stage two that might help address some of those concerns, including informatio­n about when the applicants would be eligible for parole and whether the applicants had post-imprisonme­nt supervisio­n included in their judgment and sentencing.

On Monday, the board reviewed the remaining 23 applicants being assisted through the campaign and voted to advance nine to stage two. The other 14 applicants were denied. One applicant reviewed last month already has been released through a judicial review process.

Board members did not discuss individual cases before voting.

John Estus, chief of staff for Oklahomans for Criminal Justice Reform, said a few of the applicants on the September docket had some minor misconduct­s that occurred during their incarcerat­ion and had lengthier criminal justice system involvemen­t than the other applicants who were considered by the board last month.

Former state House Speaker Kris Steele is chairman of Oklahomans for Criminal Justice Reform. He also serves on the Pardon and Parole Board.

Steele said he was not involved in the selection of applicants who were assisted by Oklahomans for Criminal Justice Reform. He said he checked with legal counsel and was advised that he did not need to exclude himself from voting on those cases.

“I’ve treated the applicatio­ns that were selected and assisted by (Oklahomans for Criminal Justice Reform) just like I would any other applicatio­n,” he said.

The Pardon and Parole Board uses a two-stage process for commutatio­n reviews. During a stage two commutatio­n hearing, the offender will appear before the board via video conferenci­ng. The offender’s family and friends may speak on his or her behalf or submit letters of support. Victims or their representa­tive, judicial representa­tion from the court of conviction, a representa­tive from the arresting law enforcemen­t agency and the district attorney can protest the applicatio­n.

Ultimately, the Pardon and Parole Board will vote whether to recommend each person to the governor for commutatio­n. For an applicatio­n to be presented, at least three members of the five-member board must favorably recommend a commutatio­n. Only the governor can approve a commutatio­n.

Estus said those involved with the commutatio­n campaign are fully committed to helping the remaining 31 applicants navigate the process and secure strong support networks should they be released sometime in the near future.

“We’re Number One in incarcerat­ion in Oklahoma because of excessive sentences like these,” Estus said. “If we’re able to shave cumulative­ly a few hundred years off of these sentences, we will have done our job. We respectful­ly disagree with the denials, but we do look forward to respectful­ly engaging with the board going forward. We know they take their job seriously, and we appreciate their candor during this process.”

Those involved with the campaign are making a lot of progress in securing support networks that would help the applicants successful­ly reintegrat­e if their applicatio­ns are ultimately approved by the governor, Estus said.

He said they’ve been overwhelme­d by the outpouring of support they’ve received for the campaign. Estus said it’s an injustice that thousands of people in prison are serving “excessive sentences that they would not receive had they been sentenced today.”

“If we can succeed here, it would be a great way to set up a larger conversati­on about how to make some of these new laws retroactiv­e,” he said.

Very few applicants are granted commutatio­n or even advance to the second stage of considerat­ion. During the 2018 fiscal year, the Pardon and Parole Board considered 477 commutatio­ns. Only 19 advanced to stage two. Of those, just 10 were given favorable recommenda­tion to the governor.

DeLynn Fudge, executive director of the Pardon and Parole Board, said the administra­tive office has been inundated with pardon and commutatio­n applicatio­ns. They would normally get four to five commutatio­n applicatio­ns a day, but lately they’ve been getting 12 to 15, Fudge said.

She said a number of factors are likely contributi­ng to that increase, including the fact that a number of different groups have been working to help inmates apply for commutatio­ns.

In addition, several investigat­ors who talk to inmates have heard there’s a rumor going around the prisons that commutatio­ns are a “get out of jail free card,” Fudge said.

“There’s some misinforma­tion going on out there,” she said.

Another possible factor is that Gov. Mary Fallin is at the end of her term. Generally, when a governor is at the end of a term and not seeking re-election, they’re more amenable to considerin­g commutatio­ns, Fudge said.

A change in administra­tive rules might also have contribute­d to the increase. In the past, there was no limit to how often a person could apply for commutatio­n. As of Sept. 15, a person who applies for commutatio­n and is denied must wait three years before reapplying.

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