As a former Tulsa County district judge with a felony docket, I’ve had the opportunity to see firsthand the inner workings of the Oklahoma justice system. I’ve seen the progress the state has made, including passage of State Question 780 and 781 in 2016 by a sizeable majority of Oklahoma voters. By reducing simple possession of illegal drugs and low-level property crimes to misdemeanors, Oklahoma has taken an important step to reduce its unsustainable rate of incarceration.
However, these reform measures apply only prospectively. As a result, there are still thousands of Oklahomans serving long prison sentences for drug possession, an offense the majority of Oklahomans say should be addressed as mental health/medical conditions and not as felony crimes.
I am heartened by an ongoing initiative led by Oklahomans for Criminal Justice Reform to commute the sentences for men and women serving decades-long sentences for drug offenses.
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Commutation is a legal process that exists for situations like this where people are incarcerated under sentences no longer supported by law. It modifies punishment but does not erase convictions or guarantee release.
Of the more than 500 cases reviewed, 46 were identified and submitted applications, with 31 advancing to Phase 2 hearings. These include people serving long sentences for drug possession (now a misdemeanor under SQ 780) and people serving long sentences for low-level possession with intent to distribute (which were amended by legislative reforms in 2018).
The 31 applicants who are moving on to Phase 2 hearings are serving 484 years more than they would be eligible for under the current laws. These excessive sentences are costing the state hundreds of thousands in unnecessary spending.
The campaign’s biggest priority is community safety. Countless studies have proven incarceration for low-level offenses does not enhance public safety. Treatment services work far better. Many of the individuals being assisted face addiction or mental health issues that are typically the root causes of their legal troubles. Prison too often makes bad situations worse.
Additionally, the campaign is working to connect individuals who receive commutation with the types of dedicated, sophisticated treatment and re-entry services they will need to succeed. As a former judge, I am impressed by the campaign’s commitment to the comprehensive needs of these individuals, both in and out of prison. Our parole board members should be impressed by this commitment, as well.
As these applications are being processed by the Pardon and Parole Board, I urge that every one of the applications be approved this year — let’s kick off the new year by giving these Oklahomans a second chance.
William C. Kellough is a Tulsa attorney, former presiding judge in Tulsa County District Court and a member of Oklahomans for Criminal Justice Reform.
