I spent eight years as a trial judge handling felony cases in Tulsa County. During that time, I presided over 152 jury trials and sentenced thousands of defendants to prison or probation.
I’ve seen my fair share of our justice system at work, and I’ve seen my fair share of our justice system not work.
In the forefront of my mind at all times was public safety. A fair and even-handed application of the law was the bedrock of my work on the bench. But making sure that dangerous, violent offenders were effectively removed from society was an essential consideration. All too often, however, I questioned the rigid and irrational punishment requirements in illegal drug possession cases and the low-level property offenses often associated with drug abuse.
The end result? Our current prison system.
Oklahoma has the highest incarceration rate in the nation for women and the second highest incarceration rate overall, with taxpayers now doling out nearly $500 million every year to sustain its unabashed growth. Recently, the Tenth Circuit Court of Appeals reinstated an order that may result in severe sanctions against the state for abusive overcrowding conditions.
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Surely, we must do everything in our power to keep those who pose threats to our communities and public safety behind bars. However, over half of Oklahoma’s prison population has mental health challenges, and simple drug possession makes up 17 percent of new admissions to prison each year — the single largest category of felony admissions.
Instead of treating and rehabilitating individuals with these health issues so they can return to productive lives in the community, we have simply locked them away untreated, essentially ensuring their return to prison once released.
This is why in November I am voting yes to a smarter approach, State Questions 780 and 781.
State Question 780 reclassifies simple drug possession and low-level property offenses as misdemeanors instead of felonies, triggering cost savings from decreases in corrections spending.
State Question 781 then directs those cost savings back to local communities to invest in programs that treat mental health and substance abuse issues, as well as provide crucial job training and employment programs that return people back to productive lives in their communities.
I know the power of rehabilitation and treatment firsthand.
During my time on the bench, I worked closely with community leaders to enhance proven programs that offer guidance and resources to individuals on the path to incarceration. These programs are in place today, and allow many Oklahomans to break free from the cycle of incarceration, and empower them to provide for their families and communities.
The return on investment through these programs is huge — not only from a moral standpoint, but a fiscal standpoint as well. It costs roughly $15,000 per year to incarcerate an individual in Oklahoma, compared to about $6,000 for treatment and community supervision.
State Questions 780 and 781 provide funding for the expansion of these proven programs without increasing taxes or levying fines and costs. Together, they provide a process for real change: reducing prison overcrowding, enhancing rehabilitation at the local level while preserving public safety. It is time to invest in success, instead of wasting more money on a system that is not working.
Join me in November in voting yes on 780 and 781.
William C. Kellough is a former district judge for the 14th Judicial District in Tulsa County. He was the presiding district court judge from October 2011 through 2013 and the chief judge of the criminal division in 2014.
