OK lawmakers discuss criminal justice reform
Legislators from both sides of the aisle grappled with how best to improve Oklahoma’s criminal justice system this week during a series of studies at the Oklahoma House of Representatives.
Some legislators examined and discussed the reentry system for those released from county jails or Department of Corrections facilities. Others explored the conditions of detainees and inmates, as well as the correctional officers who supervise them.
Both studies come as the Oklahoma County jail and Oklahoma’s prison policies continue to face scrutiny from the public. Legislators participating in both studies said information gained from presenters and speakers could impact and develop the legislation drafted in future sessions.
“As long as we put over a half a billion, six hundred and something million (dollars) into prisons and we only put like $32 million into the community, then we’re going to continue to see the problems,” said Rep. Justin Humphrey, R-Lane, and chair of the Criminal Justice and Corrections Committee.
Conditions inside Oklahoma’s jails and prisons
Staffing has been a concern raised at Oklahoma County Jail Trust meetings since its inception, but it’s not alone in that regard.
During Wednesday’s house study led by Rep. Jason Lowe, D-Oklahoma City, and Humphrey, former Rep. Bobby Cleveland, who serves as the executive director of Oklahoma Corrections Professionals, said the problem also extends across the Oklahoma Department of Corrections.
Prisons might be operating with a third of the optimal staff, according to Cleveland, and low salaries impede the ability to hire more. Without sufficient staffing, problems increase like fighting and contraband being brought in.
“When we have a shortage of officers you get more contraband brought in. You get more contraband brought in, you have more fights,” Cleveland said. “More fights with inmate on inmate and more fights with inmate and corrections officers. It just goes downhill.”
Cleveland said major issues are officers who work shifts lasting 15 or more hours with no relief, officers working more than two weeks straight without a day off and failures by the Department of Corrections to follow laws concerning overtime.
Sen. Michael Brooks, D-Oklahoma City, said conditions under which people are held make a difference in morale for both those detained and those detaining them. Higher morale increases both safety and function within facilities, he said.
“I’ve probably seen every county jail, just about, in the state of Oklahoma,” said Brooks. “There aren’t any more deplorable conditions than right here in Oklahoma County.”
Brooks, who is also a criminal defense attorney, said problems with a faulty design of the Oklahoma County jail building have only compounded over time.
Changes have been recommended, including moving to a direct supervision model, similar to what’s found in the Tulsa County jail, and focusing on population reduction.
The Oklahoma County jail is rated for a capacity of 1,200 detainees; population as of Monday was 1,672.
“Typically, when you treat someone humanely, they will respond the same way,” Brooks said. “The entire time they’re detained, most of them haven’t even been convicted yet, they don’t have any access to sunlight or fresh air or anything else.”
‘Meaningful’ changes depend on the legislature
Oklahoma County Commissioner Carrie Blumert said during the study this week legislators have a number of ways they can help.
“Our Oklahoma State Legislature holds the key to reducing the detention population in a meaningful way because most of those charges people are being held on are state charges,” she said.
Blumert would like to see change in the number of detainees held at county jails, claiming the only constitutional justification for detainment is reasonable belief someone will not appear in court or serious risk to public safety. Detaining those who don’t fit this description costs taxpayers additional money, has negative consequences on the detainees and disproportionately affects women and people of color, she said.
“A wealthier defendant can bond out almost immediately, regardless if they pose a danger to the community,” Blumert said. “In contrast, a less affluent defendant may be held on a smaller amount of bail for even a non-violent misdemeanor.”
She proposed a reenvisioning of the narrowly defeated Senate Bill 252, which sought to individualize bail amounts based not only on a person’s charges but their ability to pay. The bill also would have mandated a 48-hour bond hearing for those not released and access to public counsel during that bond hearing.
Blumert also called on state legislators to invest in diversion options, while expanding statutory authority of police, judges and district attorneys. Police should have broader ability regarding cite and release options as alternatives to incarceration, and judges and prosecutors should have access to diversion options in conjunction with conditional bonds, she said.
“A lot of the programs that you’re talking about, I really believe that we could do and it would lower your incarceration, lower state incarceration as well,” Humphrey said.
Facing an uphill struggle after release
Rep. Ajay Pittman, D-Oklahoma City, took part in the study to examine the resources made available to Oklahomans when leaving a correctional facility, and to look for ways the state can be more efficient in helping those released become productive members of society.
“Whether your goal is as deep as helping the human spirit or as simple as saving money on incarceration, the assistance we give Oklahomans as they leave a state correctional facility can make all the difference in their transition back into society,” Pittman said.
Speakers at Monday’s study, including those released from incarceration, also highlighted how the current system can be improved. When released, people face tasks that sometimes feel insurmountable, some speakers said. People typically don’t have access to documents they may need to apply for most basic services.
“A better reentry system would have helped me get back on my feet faster,” said Zeke Gonzales, an advocate and founder of Celda 151, a non-profit gym that gives youth access to positive experiences.
Rhonda Bear, program director for Women in Transition at Stand in the Gap ministries said in July that fees and fines further restrict a person’s ability to be productive. The Oklahoma legal system has hundreds of fines and fees associated with a conviction, according to a report by the Vera Institute. These fines and fees create extensive debt, bar access from driver’s licenses and other services and can even result in recidivism due to inability to pay.
“When a person goes to prison, it’s extremely scary and when a person walks out of prison, it’s extremely scary,” Bear said. “You’re scared of failure, you’re scared of what you don’t know, you’re scared of the what-ifs.”
Several additional interim studies on criminal justice reform are planned by members of the House, according to Humphrey. A full list of upcoming House studies and videos of previous studies can be found at okhouse.gov.