Campaigns for and against state question intensify
Campaigns for and against State Question 805 have ratcheted up a month ahead of the Nov. 3 election, and the opposing messages have left some voters confused on what the reform would actually accomplish.
State Question 805 is Oklahoma' s latest largescale criminal justice reform measure that would end the use of sentence enhancements based on prior felony convictions for repeat, nonviolent offenders if approved.
Supporters say ending sentence enhancements would lower Oklahoma's high rates of in carce ration, particularly benefiting those with several drug and property charges, and save taxpayers close to $200 million over the next 10 years.
“Because of the pandemic, we have an economic picture that is very challenging,” said Kris Steele, a leader with Oklahomans for Criminal Justice Reform. “I think State Question 805 provides the taxpayers of Oklahoma a very tangible way to be part of making t he best use of our state's resources … and to support their fellow Oklahomans.”
But a newly formed opposition campaign has recently attacked those claims, saying the state question would instead “create a culture” where crime was OK.
“We do need to transform our sentences and our enhancements,” said Tricia Ever est, chairwoman of Oklahomans United Against 805. “But we need to do so responsibly and fluidly, not lock ourselves into a binary system of nonviolent or violent that would anchor Oklahoma to the past when we are doing so many other things that are truly making a change.”
The state' s criminal code is complicated, and t he message of exactly what SQ 805 would do, what crime sit would apply to and whom it would impact has been blurred as each side tries to persuade voters.
Discussions seeking plain answers have circulated on social media as the election nears and some vote early with absentee ballots.
To combat what Steele said was mis information“based on fear and emotion and hyperbole,” the Yes on 805 campaign is scheduled to spent over $1 million on TV commercials until the Nov. 3 election, according to campaign finance documents.
In recent weeks, the campaign has held numerous virtual town halls, run opinion articles in local media, made calls to voters and ran ads on metro TV stations.
In response, Oklahomans United Against 805 has started soliciting donations, running counter opinion articles and publishing several news releases questioning the stories highlighted by 805 supporters, saying important facts have been intentionally left out to manipulate voters.
And the Oklahoma District Attorneys Association, a powerful political group that has opposed several criminal justice reform measures in recent years, voted to formally oppose SQ 805, saying it was “misguided."
The state question, in plain terms, would not allow judges or prosecutors to decide how harsh of a sentence to give someone based on their previous felony convictions f or nonviolent crimes.
State law creates a range of punishment for every crime, and advocates say SQ 805 would not change that. Instead, additional years could not be added beyond the maximum range set in state law f or crimes classified as nonviolent.
“All of the safeguards remain in place to hold people who commit violence accountable ,” Steele said. “People will still goto prison. They just won't goto prison for 10, 20, 30 years beyond the maximum range of punishment.”
Because of how the question was worded, all crimes classified as nonviolent as of Jan. 1, 2020, would be in eligible for sentence enhancements going forward.
On Jan .1, Oklahoma classified several charges involving domestic violence, animal cruelty and burglary as nonviolent. Legally, this classification defines how someone charged with these crimes could be punished.
This has been a sticking point for many, particularly t hose who have worked to gain protections for victims of domestic violence.
And because the state question is a constitutional change, another vote of the people would be needed to update the reform in the future.
“There are many unintended consequences ,” Everest said.