House acts on justice reform
It was two steps forward and one step back for criminal justice reform efforts in the Oklahoma House of Representatives on Monday.
The House passed two bills favored by criminal justice reform advocates, but it also passed a third bill that proposes to stack additional costs on some inmates. The move could make it more difficult for inmates to get back on their feet after being released from prison.
"A huge hurdle for people upon release from prison are the fines, fees, court costs, restitution and child support payments that accumulate across jurisdictions even while an offender is incarcerated," Gov. Mary Fallin's Oklahoma Justice Reform Task Force wrote in a February report.
The task force recommended that courts defer former inmates' payments of fines and fees for six months after their release and waive fines and fees under certain circumstances to make it easier for former inmates to re-enter society.
Senate Bill 319, which the House passed Monday, would do the opposite.
It seeks authority for the Oklahoma Board of Corrections to charge inmates for the costs of prosecuting them for crimes they commit while in prison. It also proposes to make inmates, rather than the Department of Corrections, pay the costs
when an inmate files a writ of habeas corpus asking a court to determine that the inmate is wrongfully incarcerated.
The bill passed 53-34, but was amended in the House and the enacting clause was stricken so differences between the House and Senate will have to be worked out before final votes can be taken. The bill was a request bill from the Department of Corrections, said state Rep. Scott Biggs, R-Chickasha, House author of the bill.
The House passed two bills containing changes that the task force recommended, however.
One of those bills, Senate Bill 650, would make it easier for individuals convicted of nonviolent offenses to get their criminal records expunged. Having a criminal record on file is a major impediment to employment, inmate advocates say.
The bill would allow people to apply to have their criminal records expunged if they can obtain written consent from the Oklahoma State Bureau of Investigation, their arresting agency and the district attorney for the county where the conviction occurred. Alternatively, it would shorten the time period a former inmate would have to go without committing an additional crime before becoming eligible to have their criminal record stricken from public view.
The bill passed 71-17, but the title was taken off the bill earlier, so further legislative action is needed before it can be sent to the governor. The other criminal justice reform bill that was approved was Senate Bill 604.
It contains a change in the law that would require the Council on Law Enforcement Education and Training to teach law enforcement officers about the personal safety planning necessary at the pretrial stages of potential criminal cases involving domestic violence or stalking.
The bill passed the House 90-0 after earlier being approved by the Senate 43-0. It will now go to the governor for consideration.