Criminal Justice Reform - Oklahoma Makes Strides but Leaves Issues Unresolved

The United States (and quite possibly, Oklahoma) imprisons more people than any other nation in the modern world while relying on aggressive and at times, draconian criminal justice tools to solve social problems and issues within localized communities. This aggressive enforcement system inflicts significant harm to individuals, families, and communities by funneling millions of citizens and non-citizens into a second-class status because of collateral consequences of criminal justice system involvement. Since the mid 1970-80s, drug wars and efforts to curb the import and distribution of drugs have led to the marginalization of the poor and people of color while also, failing to reduce problematic drug use and addiction, drug-related diseases and transmission, overdose deaths, and violence associated with the drug trade. Often times, the severe criminalization of drug offenses has resulted in millions of people found in a very public and for-profit system of punishment and supposed criminal justice. 

Recent trends indicate that as a collective, we no longer rely on a morally bankrupt system that disenfranchises individuals and communities. While local, state, and federal legislatures are working to reverse dated sentencing laws and are making efforts to eliminate discriminatory outcomes, more needs to be done. Several key issues will prove to be turning points in the debate leading to the General Election in 2020; drug decriminalization, mass incarceration and criminalization, race and the drug war, asset forfeiture, and the unfair treatment of women and the LGBTQ community in the criminal justice system will need to be thoroughly addressed if we are to move forward as a modern society.  

President Trump has already thrown his support behind the First Step Act, passed in 2018 and immediately resulted 3,100 federal inmates released. The First Step Act is a major breakthrough for criminal justice reform in the United States and seeks to bring relief to nearly 200,000 people in federal prisons and their families. Additionally, Former Vice President Joe Biden just unveiled a sweeping criminal justice reform plan while vowing to reduce incarceration, reform policing, and drastically shift spending from incarceration to increased social support for those at risk of drug abuse and drug-related crime. The plan is one of the most comprehensive criminal justice reform policies set forth by any presidential campaign and seeks to combat various parts of the criminal justice system at once. It will be interesting to see how the evolution of criminal justice reform unfolds throughout the next year.

In any event, Former Vice President Biden’s plan does include several ambitious goals. Most notably, his plan seeks to decriminalize marijuana, eliminate mandatory minimum sentences for nonviolent crimes, end the imposition of the death penalty, abolish private and for-profit prison systems, eliminate cash bail, and discourage the incarceration of children and minors. The plan seeks to reduce overall incarceration and is aimed at fixing “the racial, gender, and income-based disparities in the system,” according to Biden’s campaign. It would also create a $20 billion grant program that incentives states to reduce incarceration and crime, boost spending on education, increase mental health services, addiction treatment, and other social services. Federal policy changes like these will be key to see lasting reform, but states and local leaders will have to continue to make strides to see real change at home.

Changes Made in Oklahoma

To start the grassroots movement in my home state, Oklahomans enjoyed one of the biggest criminal reform triumphs by reducing the classification and penalties associated with simple drug possession. In 2016, Oklahoma voters passed (by a significant margin) State Question 780, which reclassified simple drug possession or drug possession for personal use, as a misdemeanor rather than a felony. This has profound consequences for Oklahoma residents. Mainly, the passage of SQ 780 resulted in the exclusion of prison time as punishment for the now-misdemeanor drug offense. Now, Oklahoma Governor Kevin Stitt has taken this reformation even further by recently signing legislation (House Bill 1269) that would apply SQ 780 retroactively. Quite simply, the law would not only apply to simple drug possession cases occurring on or after July 1, 2017, when SQ 780 took effect, but would apply to all simple drug possession cases. A welcoming move that affects as many as 60,000 Oklahomans currently reeling from the consequences of felony drug crimes.

House Bill 1269 is a huge step forward for the many individuals and families that find loved ones still behind bars for drug crimes and others unable to recover from past felony convictions and completed sentences. The fact that nearly 1,000 Oklahoma inmates will enjoy early release is a significant victory but while HB 1269 provides some individuals with an avenue to pursue relief, a huge question remains: how will Oklahomans outside prison benefit from this law and can they achieve any relief moving forward? As of today, there is still no proper or preferred legal procedure requesting the retroactive application of this law and will undoubtedly, lead to lengthy litigation. Obviously, applications for commutation to the Oklahoma Pardon and Parole Board are increasingly common but unless there can be an efficient and effective administrative procedure or mechanism adopted by the Department of Corrections, individuals will be forced to seek relief from the courts.

Seeking Relief

Unquestionably, the court system can address the issues that remain though Oklahoma voters decided, quite resoundingly, that lengthy prison sentences and felony convictions are not rational or cost-effective means to deal with drug offenses. One possible avenue through the courts would be for inmates to file a writ of habeas corpus. That would be one method to seek relief, although it may require significantly more judicial resources than what our Oklahoma justice system can accommodate and what inmates can afford. Another way would be for individuals to apply for post-conviction relief. Because an application for post-conviction relief brings the possibility of a comprise or agreement from the prosecuting authority, it may prove effective and most efficient given current constraints.

Although SQ 780 and recently enacted HB 1269 provide significant steps forward to see enduring criminal justice reform, the bills leave open a huge obstacle: the bureaucratic process and obvious pushback from a few overzealous state prosecutors. Regardless of this trend, you or your loved ones may still be subjected to outdated criminal charges, unlawful incarceration and/or continued restraint due to past felony drug convictions. If you or a loved one are seeking relief by means of the new retroactive application of SQ 780, you should contact and consult with an experienced criminal justice attorney that can ensure your issue is resolved correctly and in your favor.