The sentencing modification hearing shall be held in open court. Individuals convicted of a non-violent felony who have no previous violent felony convictions would not be given special sentences for repeat offenses. While some domestic violence charges were moved to the list of violent crimes in Oklahoma by House Bill 3251, there is still much to be done to protect domestic violence victims. First, let’s discuss what this could mean for domestic violence victims and their cases. This new Article excepts and does not apply to persons who have ever been convicted of a violent felony. If a person has a prior violent felony conviction, and they are later charged with a nonviolent felony, could their sentence be enhanced under State Question 805? The requirements to get an initiated constitutional amendment certified for the 2020 ballot: The secretary of state verifies signatures and submits the totals and the vote totals that determine the requirement to the Oklahoma Supreme Court, which makes the final determination of sufficiency. Millions of people across the U.S. are acting with renewed urgency to defend Black lives in the wake of the latest killings of Black men and women by police. The court could deny the application and cite the reasons for the denial or allow the individual to file an amended application. "[5][6], State Question 805 applies to individuals that are convicted of non-violent felonies. [27] As of November 2019, this system was not yet fully active; already-registered voters could update their information, while new voters could not register online. People convicted of Who is supporting and opposing State Question 805? If petitioners are targeting a specific election, the secretary of state recommends that signatures be submitted eight months prior to the election; however, they must be submitted a minimum of 60 days before the election to make the ballot. [12], If the offense that an individual is charged with carries a first-time minimum sentence of five or more years, the individual's second sentence could be enhanced to twice the first-time minimum sentence to life in prison. What would State Question 805 change about non-violent felony sentences? Oklahoma State Question 805 is the Criminal History in Sentencing and Sentence Modification Initiative. In Oklahoma, we’re proud to be a part of the Yes on 805 campaign, which would roll back many of the state’s extreme sentences that keep too many Oklahomans in prison for decades, drive up the state’s prison population, and inflict harm and trauma on families that ripple out through entire communities. In Oklahoma, we don’t hold offenders accountable already, but whatever was there, [SQ 805] will remove that, making it worse. Consent and Your Kids: Where Do You Start. This work is essential to a better-informed community and a healthy democracy. The National Institute of Justice guidelines points out that longer sentences may actually increase crime, while better policing deters crime through both increased certainty of punishment and sentinel effects: “A criminal’s behavior is more likely to be influenced by seeing a police officer with handcuffs and radio than by a new law increasing penalties.”. A massive research project by the National Academy of Sciences has shown that the increase in prison populations nationwide since 1980 is driven by increases in sentences more than increases in crime. [9], .ballot-measure-endorsements p { Oklahoma State Question 805, the Criminal History in Sentencing and Sentence Modification Initiative, is on the ballot in Oklahoma as an initiated constitutional amendment on November 3, 2020. 5737 Mesmer Ave. The new Article sets forth a detailed process for such sentence modification, including but not limited to requirements for a hearing, appointment of counsel for indigent petitioners, and notification of victims, and requires that the court impose a modified sentence no greater than the current maximum sentence which may be imposed on a person convicted of the same felony with no former felony convictions, and which results in no greater time served in prison than under the original sentence. } An independent fiscal analysis of Question 805. that by reducing the state’s prison population by 8.5 percent by 2030, state expenses would be reduced between $45 million and $186 million. Dramatically shrinking the size and scope of this system, and safely reducing the number of people who are incarcerated, is critical to ending violence against Black people and Black communities. There’s a long road ahead for the campaign, but we know that Oklahomans – like millions across the country – recognize the pressing need for changes to the systems that are hurting their families, friends, and neighbors, wasting their tax dollars, and making everyone less safe. [2], The initiative would provide for sentence modifications for persons convicted of a felony with a sentence that was enhanced due to former felony convictions and which resulted in a sentence that is greater than the maximum sentence currently allowed for such felonies. The measure does not apply to those who have ever been convicted of a violent felony. OKLAHOMA — The Oklahoma Supreme Court says State Question 805 has gotten enough signatures to be placed on the November ballot. Opponents claim harsher sentences for repeat offenders, even non-violent ones, are a crucial tool for prosecutors. An independent fiscal analysis of Question 805 anticipates that by reducing the state’s prison population by 8.5 percent by 2030, state expenses would be reduced between $45 million and $186 million. Yes on 805 is leading the campaign in support of the initiative. State Question 781 only went into effect because State Question 780 was also approved since without State Question 780 the prison costs allocated by State Question 781 would not exist.[17]. providing for sentence modifications for eligible individuals serving or set to serve sentences that were enhanced based on past felony convictions. During the sentencing modification hearing, the court shall reconsider the sentence for which the petitioner is currently incarcerated, without any consideration or reference to an enhancement based on one or more former felony convictions, consistent with section 3 of this Article. People convicted of such nonviolent crimes, “Could be sentenced to the maximum allowable time in prison for their crime, but would not receive additional time in prison because of their … Put another way, it shows that decades of the rising use of imprisonment and longer sentences to punish crime did not much affect crime rates. We’re encouraged and hopeful that State Question 805 will qualify for the November ballot so voters can do their part to build a freer and safer Oklahoma. The initiative was filed by Oklahomans for Criminal Justice Reform on November 12, 2019. Individuals who are currently incarcerated for felony sentences that were enhanced based on one or more former felony convictions, and whose sentences are greater than the maximum sentence that may currently be imposed for such felonies, may seek sentence modification in court. If the first time offense does not carry a minimum sentence, the enhanced sentence could be an additional four years to life in prison. Because this is a constitutional amendment, 178,000 signatures are needed for State Question 805 to make it onto the November ballot. Most domestic abuse charges are missing from the state’s list of violent crimes, which means abusers are considered nonviolent in the eyes of the law. The purpose of the measure is to establish an additional investment/savings fund for the state. The court could deny the application if they find that the petitioner does not meet the criteria to apply for a modification or if the individual did not properly complete the application. Signatures must be submitted 90 days after the initiative is cleared for circulation by the secretary of state. In April 2015, Oklahoma passed legislation authorizing an online voter registration system. State Question 780 changed certain non-violent drug- and theft-related crimes from felonies to misdemeanors, which come with a maximum penalty of one year in prison and a fine of $1,000, thereby reducing the number and duration of state prison sentences for those crimes. Prohibiting the prosecutor’s ability to use past criminal activity to enhance future charges’ sentencing puts victims more at risk. If we eliminate enhanced sentencing, we make way for more crimes to be committed.The Oklahoma Coalition Against Domestic Violence and Sexual Assault stated, “When abusers are not held accountable, the violence escalates, and that is when they end up killing someone. Question 805 will restore sentences in proportion to the crimes committed as laid down in original state laws, proponents say. This should reduce Oklahoma’s prison For example, a second conviction for breaking into a shed can result in a life sentence. Voting “yes” on SQ 805 would set back the range of punishment for these offenses drastically. If the offense did not carry a minimum sentence for a first-time offense, the individual could be sentenced to between two years and life in prison. An individual who is in line at the time polls close must be allowed to vote.[25]. Oklahomans understand that we build safe and thriving communities when we invest our resources into programs and policies that keep families safe, healthy and together. The states with the highest incarceration rates included Oklahoma (1,310), Louisiana (1,270), and Mississippi (1,260). 2020 legislative session | It also will provide for sentence modifications for eligible individuals currently serving or set to serve sentences enhanced based on past felony convictions. Follow him on Twitter at @_KeatonRoss. The measure qualified for the ballot on July 29, 2020, after the state supreme court had found that the campaign submitted around 248,521 valid signatures and after the 10-day challenge period ended on July 28 without any signature validity challenges filed. Here are two examples: • Possession with Intent to Distribute Marijuana: 0-5 years. If the first offense has no minimum sentence, the mandatory minimum for a second offense is set at two years. But this the Oklahoma Legislature. Within thirty (30) days of the filing of the application, a period which may be extended if the court has good cause, the court shall dismiss the application pursuant to subsection B of this section or proceed pursuant to subsection C of this section. If the court that imposed the sentence is not available, the presiding judge shall designate another judge or magistrate to rule on the application. Oregon would become the first state in the nation to decriminalize all drugs if Measure 110 is approved. (Domestic abuse by strangulation was added to the list of violent crimes in May.). By Alix Ollivier October 8, 2020. In social media posts and television advertisements, supporters and opponents of the measure continue to offer conflicting views. [8]. The group Oklahomans United Against 805 is concerned that the state question would allow repeat offenders to “spend less time in prison, allowing them to return to the community to commit even more crime,” according to a press release. If the offense that an individual is charged with carries a first-time minimum sentence of five years or less, the individual's sentence could be enhanced to up to ten years. The Oklahoma Council of Public Affairs conducted a review of a 15% random sampling of public court records on individuals sentenced to prison for non-violent crimes who had one or more past non-violent convictions and found that 80% of those who were eligible for an enhanced sentence received one. At minimum, the court shall modify the sentence to be no greater than the current maximum sentence which may be imposed on a person convicted of the same felony or felonies with no former felony convictions. The FKGL for the ballot title is grade level 19, and the FRE is 19. Jan. 1, 2021. By Lauren Krisai March 21, 2017, By Lauren Krisai June 10, 2016. State Question 805 defines violent felonies as offenses listed in Section 571 of Title 57 of the Oklahoma Statutes on January 1, 2020.
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