Pubdate: Sun, 03 May 2015
Source: Oklahoman, The (OK)
Copyright: 2015 The Oklahoma Publishing Co.
Contact: http://www.newsok.com/voices/guidelines
Website: http://newsok.com/
Details: http://www.mapinc.org/media/318

Three-Strikes Statute

LAW AN EXAMPLE OF WHY MORE REFORM IS NEEDED

OKLAHOMA'S three-strikes law for drug felony convictions, on the 
books since 1989, underscores the importance of policymakers 
occasionally reviewing state statutes to determine whether there's a 
better way to handle crime and punishment. The answer, generally, is yes.

As Jennifer Palmer reported in today's Oklahoman, 54 state prison 
inmates are serving sentences of life without parole for drug 
violations. They were sentenced under the three-strikes law, which 
mandates a life sentence when two convictions for any drug felony are 
followed by a drug-trafficking conviction.

Of the 54 men and women serving this sentence, only three were 
convicted of a violent crime, which is one reason why Democratic 
state Rep. Corey Williams of Stillwater is advocating for sentencing 
reform. Oklahoma has "a lot of incredibly draconian sentences that we 
don't actually realize any value out of," Williams said.

He and Sen. A.J. Griffin, R-Guthrie, are authors of a bill that would 
give juries the option of sentencing three-time offenders to 20 years 
to life in prison. House Bill 1574 received final legislative 
approval in the House last week and now goes to Gov. Mary Fallin's 
desk. We hope she'll sign it into law.

HB 1574 has the support of Oklahoma's District Attorneys Council. The 
group's president, Pontotoc County District Attorney Chris Ross, 
notes that his colleagues have seen juries refuse to convict repeat 
drug offenders because the only punishment is life without parole. 
Ross makes the point that having one punishment to cover a wide range 
of crimes and criminal histories isn't ideal.

That a Democrat and a Republican are co-authors of this legislation 
underscores the point that corrections reform and sentencing reform 
shouldn't be partisan issues. Conservatives have traditionally made 
being tough on crime a priority, but on the other hand conservative 
states such as Texas and Georgia have been leaders in "smart on 
crime" initiatives in recent years.

Lawmakers in these states have come to realize that they can save 
money in the long run, and provide offenders a better chance to make 
something of their lives, by not locking men and women away for so 
many crimes and for so long.

A leading proponent nationally of criminal justice reform is Charles 
Koch, CEO of Koch Industries and supporter of conservative causes 
political and otherwise. USA Today reported last week that Koch 
Industries had removed questions about prior criminal convictions 
from its job applications, thus "becoming the latest corporation to 
join a burgeoning movement trying to make it easier for ex-offenders 
to find work."

Oklahoma has begun to rethink its approach to corrections in recent 
years but needs to continue on that path. We were encouraged that the 
Legislature last week gave final approval to a bill allowing judges, 
when dealing with some nonviolent offenses, to hand down shorter 
sentences than are mandated by statute. Yet even this small move was 
demonized. One Republican House member, a former prosecutor, said it 
would allow a judge to "do whatever he wants to do for these repeat 
offenders." More accurately, it will allow judges - in some specific 
cases - to serve as judges instead of as administrators.

No one would debate that the worst offenders in any society should be 
locked up. But Oklahoma's prisons are beyond capacity, with a 
population of about 26,000, and they're not all violent offenders - 
far from it. According to projections, the inmate population will 
only increase in the years ahead.

This will only continue to impose fiscal and societal costs that the 
state can't afford. Oklahoma needs to embrace policies that drive the 
inmate population in the opposite direction.
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MAP posted-by: Jay Bergstrom