Bill proposes to reduce certain marijuana sentences, reduce Oklahoma prison costs
BY MICHAEL MCNUTT mmcnutt@opubco.com
Published: January 25, 2012
Reducing the sentences for certain second-time offenders of marijuana possession and allowing violent offenders to start earning credits toward reducing their sentence after serving 85 percent of their sentence are included in legislation intended to cut prison costs.
The measure, House Bill 3052, addresses 10 recommendations from a 20-member group that came up with proposals to reduce violent crime statewide by 10 percent by 2016 and to provide post-prison supervision for all felons while containing growth in prison costs.
House Speaker Kris Steele, author of the legislation, said those convicted a second time of a misdemeanor possession of marijuana within a 10-year period would be convicted of a felony and still face a sentence of 2 to 10 years. But the punishment range would be lowered to 1 to 5 years for those convicted of a second offense 10 years or longer after the first conviction.
“We believe the people who pose a threat to public safety ought to be behind bars, but we need to ensure that our state has the resources and the space available to be able to remove those who are truly dangerous to society from society,” he said.
Steele, R-Shawnee, said the bill clarifies the intent of the 85 percent law by modifying it to indicate that starting this fiscal year those incarcerated for 85 percent crimes may be authorized to start earning credits toward sentencing reductions from 100 to 85 percent.
They would not be released before serving 85 percent of their sentence.
More than 85 percent
Much of the state's prison population growth is from the state's 85 percent law, which was passed in 2005 and requires those convicted of a violent crime, such as first-degree murder, rape, robbery, child pornography and assault with intent to kill. They must serve at least 85 percent of their sentence before becoming eligible for release, but in practice, the 85 percent offenders serve about 92½ percent of their sentences, Steele said.
The measure also would require the court to include in any state prison or correction center sentence a period of supervised probation of at least nine months. Steele said 51 percent of those leaving prison now have no supervision.
The bill also would extend the opportunity for judges to modify sentences, from one year to two years after the sentence is imposed. It also would require the state Corrections Department to order an assessment to determine offender needs; if the assessment finds alcohol or drug abuse, the defendant would be referred to the state Mental Health and Substance Abuse Services Department.
The measure also would establish the Justice Reinvestment Grant program in the state attorney general's office. It's expected the program would provide $40 million to law enforcement agencies over a 10-year period to help pay for technology, overtime and targeting strategies such as hot-spot policing that increase police presence in high-crime
Steele said the changes will require legislators this year to appropriate $6 million for the upcoming fiscal year, which starts July 1. It's expected the cost will be $110 million through fiscal year 2021, with an expected savings of $249 million that would otherwise be spent on the state's growing
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