A state group wants to empty Oklahoma prisons of as many as half of the convicts and they have submitted an initiative petition that would force lesser sentences and help for some of those seeking earlier release.

Oklahomans for Sentencing wants a statewide public vote to release thousands of prisoners in the wake of the recent commutation of the sentences almost 600 prisoners in the Oklahoma system.

The passage of State Question 780 in 2016 paved the way for lessening of drug offenses, making possession a misdemeanor rather than a felony in some cases.

Tulsa County District Attorney, who opposed the previous change in druag laws, is warning that this petition could have serious implications in law enforcement in Oklahoma.

“I have grave concerns that the authors of this initiative proposal have not done their due diligence in evaluating the ramifications of their ideas,” Kunzweiler said in a statement. “We should not be rewarding bad conduct, and this is a troubling proposition.”

In September, all of the state prisons were locked down due to a series of fights. Efforts are underway to stop or limit the use of cellphones by inmates, especially members of gangs.

The Oklahoma Legislature created two commissions – the Oklahoma Criminal Justice Reclassification Coordinating Council and the Criminal Justice Re-entry, Supervision, Treatment and Opportunity Reform (RESTORE) Task Force – that have met extensively over the past year with people who deal with crime, prison overcrowding and rehabilitation.

These commissions include members of the business community, victim advocacy groups, law enforcement officials, corrections officials, defense attorneys, prosecutors, mental health professionals, court officials and legislative leaders. Kunzweiler is a member of both commission boards.

“Ultimately, the purpose of these commissions is to assist our elected legislative and executive office officials by insuring public safety while encouraging the meaningful rehabilitation of individuals who have entered the criminal justice system,” Kunzweiler said. “ “Our state needs a cohesive and comprehensive review of criminal justice practices and outcomes – it does not need a piecemeal approach which runs counter to the longstanding efforts which have been underway. As I have said before, let us do the job we were commissioned to do.”

Neither commission had the opportunity to review or comment on the petition.

“From the outset, I encouraged those individuals and organizations who desire change to bring their ideas to the table,” Kunzweiler said. “It would be helpful to the citizens of this state to have radical proposals like this thoroughly vetted by the commissions our legislative leaders created.

“I have grave concerns that the authors of this initiative proposal have not done their due diligence in evaluating the ramifications of their ideas.”

Kunzweiler used the example of the premise that no repeat burglar should be treated as a repeat burglar under the initiative proposal.

“Any person whose home has been ransacked, or whose automobile has been pillaged in their driveway, would likely consider the perpetrator as a threat to their family and community,” Kunzweiler said. “Likewise, there are many crimes which are not listed as ‘violent’ crimes under the authors’ proposal which by their very nature are inherently violent: domestic abuse by strangulation; child sex trafficking; cruelty to animals; aggravated assault and battery; feloniously pointing a firearm; and soliciting sex from a minor to name just a few.

“We should not be rewarding bad conduct and this is a troubling proposition.”

Kunzweiler said progress has been made in trimming the prison population. There are about 1,200 fewer inmates in prison since Gov. Kevin Stitt took office earlier this year.

“Instead of trying to ignore past convictions of repeat offenders, we need to be investing in services so people do not become repeat offenders,” Kunzweiler said. “Statistics prove, much of the criminal activity in Oklahoma is done by repeat offenders. To say we are going to ignore that past history as we protect the public is foolish.

“Oklahoma’s district attorneys have worked hard to create and grow many alternatives to incarceration programs. These are programs which promote accountability and incentivize meaningful rehabilitation. Unfortunately, similar initiative proposals like this have had a negative impact on enrollment and participation.”

One goal of the initiative petition is to circumvent the need for a vote in the Legislature.

“In spite of several important reforms in recent years, Oklahoma continues to funnel people into the prison system, trapping them in the revolving door of mass incarceration,” said Ryan Kiesel, executive director, ACLU of Oklahoma. “We have so much knowledge about best practices and an understanding that prison often worsens recidivism rates and harms Oklahoma families and communities.

“While we’ve seen progress over the years, there is still an urgent need to do more. We need reforms that not only stop our continued prison growth, but that reduce the number of people currently held in our overcrowded, crumbling prisons and jails; many of whom are suffering rather than receiving access to the care they need and deserve. We know that the direct voices of Oklahoma voters are the most powerful way to encourage elected officials to embrace the structural changes we so desperately need. This ballot initiative continues the momentum created by voters in 2016 and reflects meaningful change to the criminal legal system that Oklahomans want and one that will serve communities across our state for the better.”

The petition has the support of chambers of commerce.

“Oklahoma citizens serve far longer sentences for drug and property crimes compared to the national average. Under Gov. Stitt’s leadership, we have made some significant progress, but we cannot stop here. These long sentences weaken our families, our communities, and our workforce, and waste our tax dollars since they also do not make our neighborhoods safer,” said Roy Williams, president and CEO, Greater Oklahoma City Chamber.

“Oklahoma has recently taken a giant step toward a better and more just society. But this can’t be the end of the story. We send Oklahomans to prison for far too long, and it hurts our state, our communities and our businesses,” said Mike Neal, president and CEO, Tulsa Regional Chamber.