It’s time to modernize Oklahoma’s felony system
Working together, Governor Stitt and the legislature have taken steps to improve Oklahoma’s criminal justice system. A shining example is the management of the Department of Corrections, which now has bragging rights to the lowest recidivism rate in of any state in the nation. This isn’t trivial, since every case of reoffending means another crime and another victim. But their work is not done.
With the 2023 legislative session winding down, the clock is ticking for policy makers to modernize how felonies are classified and how offenders are sentenced. The goal is to make Oklahoma’s sentencing laws more consistent, and bring sentences in line with other conservative states.
House Bill 1792 (HB 1792) was introduced by Rep. Mike Osburn (R) and Sen. Dave Rader (R) would do just that. The legislation would set sentence ranges so that justice is dispensed consistently across Oklahoma. After passing through both chambers, a conference committee must finish their work and move this important legislation to Governor Stitt for his signature.
Unlike most other states that have established classes of crimes in which similar charges result in similar prison sentences, Oklahoma relies on a patchwork of laws with extremely broad sentencing ranges for each of its 1,100 felony crimes. The result is that people charged with the same crime in different counties can face radically different sentences. The arbitrary nature of the state’s felony classification system undermines public confidence in “blind justice” and the consistent application of the law.
Oklahoma’s prison sentences tend to be far harsher than other “red states.” Compared to other jurisdictions, people sentenced to prison in Oklahoma spend approximately twice as long behind bars for nonviolent convictions such as drug offenses or low-level property crimes. That is why Oklahoma continues to have the fourth highest imprisonment rate in the country despite making other much-needed changes to the criminal justice system in recent years.
Make no mistake: these long sentences for non-violent crimes deprive other, more effective public safety programs of critical funding. If Oklahoma can better impose more proportional prison sentences, we can gradually reduce the number of people in prison who are no longer public safety threats. This would allow the state to fund more police officers and sheriffs, retain the ones who are making a difference, and fund mental health and addiction programs. These are the things that will reduce crime in Oklahoma.
Legislators are pursuing consistency and proportionality in sentencing a bill pending in the legislature (HB 1792). Passing this legislation isn’t just good policy. It’s good politics.
Polling shows that 8 in 10 likely voters in Oklahoma support creating “a new felony classification system with consistent sentencing ranges based on the seriousness of the crime and shorter prison sentences for some offenses.” This includes 74% of Republican voters and 68% of self-identified “very conservative” voters who want a smarter and smaller criminal justice system.
If done correctly, HB 1792 will bolster public safety, increase trust in the criminal justice system, reduce the tax burden on Oklahomans, and further lower the incarceration rate. If done incorrectly, the bill could increase the prison population at great cost to taxpayers, while failing to make communities in Oklahoma any safer. The choice is clear. And it’s time for policymakers to act.
David Safavian is the general counsel of Conservative Political Action Coalition (CPAC) which works on policies that improve public safety, ensure accountability, and foster human dignity. Follow him on Twitter @DSafavianEsq
This article originally appeared on Bartlesville Examiner-Enterprise: It’s time to modernize Oklahoma’s felony system
