Democrats want more out

Gov. Kevin Stitt and the Oklahoma Pardon and Parole Board set a new national record by commuting 527 state inmates in a single day and allowing their release.

The board considered 814 inmates’ cases during the special meeting which was held the first day HB 1269 took effect. The 2019 law enabled the Pardon and Parole Board to hold an accelerated single-stage commutation docket to review the sentences of inmates in prison for crimes which would no longer be considered felonies if charged today.  In 2016, Oklahomans passed criminal justice reforms that made simple drug possession a misdemeanor and increased the felony dollar threshold from $500 to $1000 for felony property crimes.

The impact of such a large commutation is uncertain. Some see it as a chance to reunite minor criminals with their families while some in law enforcement think it could add to crime.

“This is a historical day for criminal justice reform in Oklahoma, as we send the largest single day commutation of sentences in our nation’s history to the governor’s desk,” said Steven Bickley, executive director of the Pardon and Parole Board. “With this vote, we are fulfilling the will of Oklahomans. However, from day one, the goal of this project has been more than just the release of low level, non-violent offenders, but the successful reentry of these individuals back into society. It has been a moving experience to see our state and community partners help connect our inmates with the resources they need for a successful reentry and I thank Governor Stitt, DOC Director Scott Crow, and the many local nonprofits, churches, and job creators that stepped up to ensure these inmates have every opportunity for success.”

“I applaud the Pardon and Parole Board’s dedication to fulfill the will of the people through the HB 1269 docket, giving hundreds of non-violent, low-level offenders an opportunity at a second chance,” said  Stitt. “I also thank the Department of Corrections and the many non-profits who are stepping up and working hard to connect our inmates with the resources they need for a successful transition. This event is another mark on our historic timeline as we move the needle in criminal justice reform, and my administration remains committed to working with Oklahomans to pursue bold change that will offer our fellow citizens a second chance while also keeping our communities and streets safe.”

Friday’s historic vote on the single-stage commutation docket is the result of months-long collaboration among numerous state entities, including Pardon and Parole, the Oklahoma Department of Corrections, Office of Governor Kevin Stitt, Oklahoma Department of Mental Health and Substance Abuse Services, Oklahoma Employment Security Commission, Oklahoma Department of Human Services, Oklahoma District Attorneys Council and Oklahoma Department of Public Safety.

The Board recommended to the Governor 527 inmates for commutation, 75% men and 25% women.  Because 65 inmates have detainers, 462 inmates were released on November 4.  Of the inmates receiving a favorable recommendation: the average age was 39.7 years old, they had been incarcerated for the past three years, the recommendation was to commute 1,931 years resulting in inmates being released 1.34 years early on average. 

Had these inmates served their full uncommuted sentence, it could have cost the State of Oklahoma approximately $11.9M for continued incarceration based upon the average costs.

With cooperation from Pardon and Parole, and dozens of nonprofits, Oklahoma Department of Corrections held its first ever transition fairs for inmates’ at 28 facilities across the state.  More than 200 people from 45 community partners, nonprofits, and state agencies attended.  These fairs connected 781 inmates with the services they may need once released.

In another first, having done the necessary release work in advance, Oklahoma Department of Corrections were ready to release the commuted inmates on November 4.  ODOC got the signed commutation certificates from the governor’s office Friday afternoon, thus enabling the facilities to work over the weekend processing the discharge paperwork, transferring inmates’ trust account money to debit cards, and preparing the necessary inmate discharge medications.

Finally, in another first, ODOC was able to remove another hurdle for many offenders as they return to society by arranging for recommended inmates to have a valid state-issued driver’s license or state-issued ID prior to discharge.  Removing this obstacle required through a coordinated work effort by ODOC staff and special grant funding from private foundations and ministries.

House Bill 1269, authored by House Majority Floor Leader Jon Echols, R-Oklahoma City. 

“Oklahoma is no longer the nation’s top incarcerator,” Echols said. “This historic moment is the clearest proof yet that legislators are listening to the people and acting on criminal justice reform. Oklahoma is going to continue to take smart, practical steps like this one to further reduce our incarceration rate in a responsible manner. Oklahoma’s prison population has been in a sustained decline for three years now, and we aim to maintain that safe, steady decline well into the future.”

This move reduces Oklahoma’s incarceration rate by 1.7%, placing the state in the No. 2 spot for persons incarcerated per capita – behind Louisiana and slightly above Mississippi. (See chart on page 1).

“The action taken today represents the largest measure to date to reduce the incarceration rate in Oklahoma,” Echols said. “This is a completely new day for the people granted their freedom. I’m thankful to help them rejoin their families, get to work and become productive members of our communities without the burden of a felony on a criminal record. I pray they take advantage of every opportunity afforded them to further their education or enhance their workforce skills and to get other help needed so they can continue to live in freedom.”

Oklahoma’s prison population this week, according to the Department of Corrections, was 26,334 out of a state population of 3,943,079.

The projected prison population after Monday’s release is 25,884, taking the prison incarceration rate from 667.8 per 100,000 citizens to 656.4. Louisiana’s per capita prison incarceration rate is 682.6 and Mississippi’s is 648.3, based on analysis of the most recent prison populations reported by those states.

HB 1269 applies retroactively to inmates serving time for simple drug possession and property crimes valued at less than $1,000. Voters approved the reclassification of these crimes from felonies to misdemeanors with the passage of State Question 780 in 2016. HB 1269 made the change retroactive to those previously sentenced. The bill was a bipartisan effort.

Echols said he and other lawmakers will pursue additional reforms in the upcoming legislative session.

Democrats want more inmates to be paroled.

 “We still have mountains to move when it comes to criminal justice reform in Oklahoma, but my hope is that years from now, we don’t look back at today as the end point but as the beginning of true change in the way our criminal justice system operates,” said Rep. Emily Virgin, D-Norman.

Democrats want less jail time for convicted criminals.

“We must remember that efforts at preventing initial incarceration have the best opportunity to stop the ballooning incarceration crisis we are facing,” said Rep. Kelly Albright, D-Oklahoma City.