OKLAHOMA CITY - Since HB 1269 went into effect on Nov. 1, 2019, a record number of people have been released from Oklahoma’s prisons.
The bill, which was approved by Gov. Kevin Stitt on May 28, 2019, allowed offenders convicted of felonies for crimes that became misdemeanors following the passage of State Question 780 to apply to have their sentences commuted. In short, it made SQ 780 retroactive. Oklahoma’s Pardon and Parole Board made the recommendations through a single-stage commutation docket from a list compiled by the Department of Corrections, instead of the regular two-stage process.
On Monday, Nov. 4, 2019, a total of 527 people serving low-level drug and non-violent offenses were released from the Oklahoma Department of Corrections. Lawmakers called it the largest single-day commutation in both state and U.S. history. In January, another list was prepared for the Pardon and Parole Board and earlier this month, 147 more people were released under HB 1269. To date a total of 674 offenders have been released.
SUCCESSFUL CRIMINAL JUSTICE REFORM?
Whether State Questions 780/781 and HB 1269 is considered successful criminal justice reform for Oklahoma depends on who is asked. Not all of Oklahoma’s district attorneys have supported the changes, although constituents in their districts approved the two-state questions. District Six District Attorney Jason Hicks serves Stephens, Caddo, Grady and Jefferson counties. He is also the Oklahoma District Attorneys Council Chair.
In an interview with the Southwest Ledger in August of 2019, Hicks said he was not a supporter of State Question 780 in 2016 when it was introduced and, years later, he is still not a supporter. He was concerned that the state question approved by voters reclassified some criminal offenses, like drug possession and property crimes, from felonies to misdemeanors. He was equally concerned when Gov. Stitt signed a reform bill to allow SQ 780 to be applied retroactively.
Hicks has experienced some criticism in the state media for opposing the measure. “The new rules have made it difficult. Every drug is a misdemeanor. There are problems with Drug Court. All theft-related crimes $1,000 and under are misdemeanors. We need more certainty in sentencing,” Hicks said. “It’s not just about certainty in the sentencing structure. It’s also about mandatory community sentencing and mandatory mental health issues. “We need some options for mental health treatment,” he said. The change also challenges one of Hicks’ core missions. “How do I keep people in my district safe with the new laws that we have? We have to keep working toward that goal. It’s a constant worry, fear and struggle,” Hicks said.
NO FEAR
The Oklahoma Council on Public Affairs (OCPA) Center for Independent Journalism Director Ray Carter reported in October 2019 comments Hicks made during a House Judiciary Committee study meeting focused on the children of incarcerated parents. “Due in part to criminal justice measures adopted in recent years, Hicks told lawmakers the penalty for many drug and property crimes has fallen so low that offenders no longer fear incarceration, and therefore won’t agree to alternative sentencing,” Carter wrote. “Lawmakers were told offenders sentenced to years in a Department of Corrections prison now face only a few months behind bars.”
OKLAHOMANS FOR CRIMINAL JUSTICE REFORM
In contrast, the nonprofit group Oklahomans for Criminal Justice Reform (OCJR) believes that the measures are a much-needed course correction and are optimistic with Gov. Stitt’s RESTORE Task Force created in 2019.
Jan. 2020 “1269” Pardon and Parole Recommendations
COMANCHE COUNTY
• Kopsy, David: Discharge date 2/13/2020 for 9/11/2018 Possession of a Controlled Substance (PCS) conviction.
• McCrary, Bashan: Discharge date 2/13/2020 for 5/14/2015 PCS conviction.
• Miles, John: Discharge date 2/14/2020 for 6/21/2016 PCS conviction.
• Myles, Kevin: Discharge date 2/13/2020 for 7/25/2019 PCS conviction.
• Souders, Scott: Discharge date 2/13/2020 for 10/27/2016 PCS conviction.
COTTON COUNTY
• Knight, Robert: Discharge date 2/13/2020 for 12/8/2017 PCS conviction.
JACKSON COUNTY
• Rosalez, Jenice: Discharge date 2/13/2020 for 2/3/2016 PCS conviction.
STEPHENS COUNTY
• Blay, Adrian: Discharge date 2/13/2020 for 7/5/2016 PCS conviction.
• Brokopp, Tiffani: Discharge date 2/13/2020 for 11/4/2015 PCS conviction.
• Gaede, Daniel: Discharge date 2/13/2020 for 3/1/2017 PCS conviction.
• Greer, Jessica: Discharge date 2/13/2020 for 4/1/2015 PCS conviction.
• Herbert, Jeffrey: Discharge date 2/13/2020 for 9/12/2016 PCS conviction.
• Howard, Sara: Discharge date 2/13/2020 for 5/18/2018 PCS conviction.
• Keenan, Desiree: Discharge date 2/13/2020 for 9/20/2012 PCS conviction.
• Price, Jennifer: Discharge date 2/13/2020 for 1/8/2015 PCS conviction.
• Summers, Dustin: Discharge date 2/13/2020 for 9/3/2019 PCS conviction.
• Walker, Matthew: Discharge date 2/13/2020 for 8/20/2015 PCS conviction.
Many of these offenders had other convictions and some were released into the probation system. This is just a list of a specific drug-related sentence that was commuted based on recommendation from the January 2020 “1269” Docket.
There was not a “1269” Docket prepared for February 2020; however, there is a list of “HB 1269” Possession Crimes and Property Crimes recommendations for the March 2020 Pardon and Parole meeting, which will be held March 9-11.
The Board convenes meetings at the Kate Barnard Community Correctional Center, Ted R. Logan Conference Center, located at 3300 North Martin Luther King Avenue in Oklahoma City.
Members of the Board are appointed. Three (3) are appointed by the Governor, one (1) by the Chief Justice of the Supreme Court, and one (1) by the presiding Judge of the Court of Criminal Appeals.