

URGENT: PROTECT OKLAHOMA'S INMATES FROM COVID-19 BY REDUCING OVERCROWDING


URGENT: PROTECT OKLAHOMA'S INMATES FROM COVID-19 BY REDUCING OVERCROWDING
The Issue
**APRIL 14, 2020 UPDATE: THE BOARD IS WANTING TO USE THE MEDICAL PAROLE VEHICLE, WHICH REQUIRES ACTION FROM DOC DIRECTOR AND DIRECTOR OF MEDICAL. SIGN THIS NEW PETITION FOR ACTION ON THIS http://chng.it/Q9QbkMhz
Dear Director Bickley and Oklahoma Pardon and Parole Board Members,
Firstly, thank you for your committed and consistent work toward criminal justice reform in the last year. It is not lost on Oklahomans that you are the body of government that is moving the state toward the national average in incarceration. However, unprecedented times call for unprecedented measures. This call to action does not diminish your previous hard work, but to the contrary, it recognizes you as a body who listens and acts swiftly to do the right thing.
Hundreds of Oklahomans have banded together to call for action regarding our prisons in light of COVID-19. The criminal justice system is multi-faceted, and there are many players who can make changes. However, the Pardon and Parole Board is uniquely positioned to help reduce the spread of the virus in Oklahoma's prison system. Because the Governor is occupied dealing with a public health crisis, we ask that you work within your statutory mandate to reduce the prison population immediately.
As you are well aware, Oklahoma DOC is at 108% capacity, making social distancing impossible for every single inmate within the state prison system. Current conditions will fuel the virus and turn our state prisons into morgues.
While DOC has taken positive steps to reduce spread (such as providing soap, masks, and going on lockdown), there is much more to be done to prevent extreme tragedy. We also know that you have one of the largest dockets for commutation ever to be heard in April 2020. We see the progress and celebrate it.
We, the citizens of Oklahoma--many of whom have family and loved ones in DOC facilities--ask you to take even further action to reduce the prison population. Here are the actions you can take TODAY to reduce overcrowding:
1. The Board must move to considering parole/commutation dockets full time while there is a state of emergency in Oklahoma. While many board members have other professional commitments, this is a life-and-death situation. Currently, the board only meets four days per month. This is not enough time to reach the level of early releases and commutations required to contain this pandemic.
2. The board must clear the current backlog of commutation applications, and parole dockets. Due to recent criminal justice reform in the state, there is a large backlog of commutation applications on file at the Pardon and Parole Board. Since these applicants are already in line to be considered for release and have articulated their cases, we call on the Board and staff to identify the pending applications that are most likely to obtain a time-served recommendation. Anyone who is currently eligible for parole or is within 6 months of release should have their application addressed at a special session of the Pardon and Parole Board to be held as soon as is allowable under applicable statutes and regulations.
3. Request emergency funding from Governor Stitt to hire more investigators and staff during the pandemic. We recognize the board has limited resources and increasing to this kind of volume will put additional strain on the investigators and case managers. It is our priority that these decisions be made safely and thoughtfully. Public safety can still be maintained if the board has the resources necessary to increase volume.
4. Once this backlog has been cleared, begin a "streamlined" commutation process for those crimes that have had a statutory sentencing reduction. Petty crime does not deserve a death sentence. Given recent changes to Oklahoma law, many of those who are incarcerated are serving more time than would be possible if they had been convicted under current law. For example, there are at least nine offenses[1] for which the average or most common sentence length of those in DOC custody over the past five years is longer than the maximum sentence available under current law. We ask that the board adopt streamlined procedures for addressing at scale commutations for drug and property offenses whose sentencing range has been altered by the legislature (including, but not limited to, allowing opt-out application procedures for those whose sentences meet eligibility requirements). This does not mean only addressing the applications in the system, but identifying people in DOC who fit these criteria and "sua sponte" applying for them and placing them on a docket.
Thank you for your service to our state in this trying time. All Oklahomans are depending on you to take the next, right steps in ensuring public safety during this pandemic.
[1] Knowingly Concealing Stolen Property (average 5.6; mode 5; current maximum for property under $2500 is 4 years); Possession of Credit Card Belonging to Another (average 5.8; mode 3 years; current maximum is 1 year in jail); Possession of CDS within 1000 feet of school/park/child (average 5.2 years; mode 5 years; current maximum is 1 year in jail); Receiving Stolen Vehicle (average 5.4 years; mode 5 years; current maximum is 4 years); Receiving Stolen Property (average is 5.6 years; mode is 5 years; current maximum is 4 years for property under $2500); Taking or Receiving Stolen Credit Card (average 4.6; mode 3 years; current maximum is 1 year in jail); Unauthorized Use of Motor Vehicle (average 5.3 years; mode 5 years; current maximum is 4 years); Uttering Forged Instruments (average 5.6; mode 5; current maximum is 4 years for instruments under $2500)
The Issue
**APRIL 14, 2020 UPDATE: THE BOARD IS WANTING TO USE THE MEDICAL PAROLE VEHICLE, WHICH REQUIRES ACTION FROM DOC DIRECTOR AND DIRECTOR OF MEDICAL. SIGN THIS NEW PETITION FOR ACTION ON THIS http://chng.it/Q9QbkMhz
Dear Director Bickley and Oklahoma Pardon and Parole Board Members,
Firstly, thank you for your committed and consistent work toward criminal justice reform in the last year. It is not lost on Oklahomans that you are the body of government that is moving the state toward the national average in incarceration. However, unprecedented times call for unprecedented measures. This call to action does not diminish your previous hard work, but to the contrary, it recognizes you as a body who listens and acts swiftly to do the right thing.
Hundreds of Oklahomans have banded together to call for action regarding our prisons in light of COVID-19. The criminal justice system is multi-faceted, and there are many players who can make changes. However, the Pardon and Parole Board is uniquely positioned to help reduce the spread of the virus in Oklahoma's prison system. Because the Governor is occupied dealing with a public health crisis, we ask that you work within your statutory mandate to reduce the prison population immediately.
As you are well aware, Oklahoma DOC is at 108% capacity, making social distancing impossible for every single inmate within the state prison system. Current conditions will fuel the virus and turn our state prisons into morgues.
While DOC has taken positive steps to reduce spread (such as providing soap, masks, and going on lockdown), there is much more to be done to prevent extreme tragedy. We also know that you have one of the largest dockets for commutation ever to be heard in April 2020. We see the progress and celebrate it.
We, the citizens of Oklahoma--many of whom have family and loved ones in DOC facilities--ask you to take even further action to reduce the prison population. Here are the actions you can take TODAY to reduce overcrowding:
1. The Board must move to considering parole/commutation dockets full time while there is a state of emergency in Oklahoma. While many board members have other professional commitments, this is a life-and-death situation. Currently, the board only meets four days per month. This is not enough time to reach the level of early releases and commutations required to contain this pandemic.
2. The board must clear the current backlog of commutation applications, and parole dockets. Due to recent criminal justice reform in the state, there is a large backlog of commutation applications on file at the Pardon and Parole Board. Since these applicants are already in line to be considered for release and have articulated their cases, we call on the Board and staff to identify the pending applications that are most likely to obtain a time-served recommendation. Anyone who is currently eligible for parole or is within 6 months of release should have their application addressed at a special session of the Pardon and Parole Board to be held as soon as is allowable under applicable statutes and regulations.
3. Request emergency funding from Governor Stitt to hire more investigators and staff during the pandemic. We recognize the board has limited resources and increasing to this kind of volume will put additional strain on the investigators and case managers. It is our priority that these decisions be made safely and thoughtfully. Public safety can still be maintained if the board has the resources necessary to increase volume.
4. Once this backlog has been cleared, begin a "streamlined" commutation process for those crimes that have had a statutory sentencing reduction. Petty crime does not deserve a death sentence. Given recent changes to Oklahoma law, many of those who are incarcerated are serving more time than would be possible if they had been convicted under current law. For example, there are at least nine offenses[1] for which the average or most common sentence length of those in DOC custody over the past five years is longer than the maximum sentence available under current law. We ask that the board adopt streamlined procedures for addressing at scale commutations for drug and property offenses whose sentencing range has been altered by the legislature (including, but not limited to, allowing opt-out application procedures for those whose sentences meet eligibility requirements). This does not mean only addressing the applications in the system, but identifying people in DOC who fit these criteria and "sua sponte" applying for them and placing them on a docket.
Thank you for your service to our state in this trying time. All Oklahomans are depending on you to take the next, right steps in ensuring public safety during this pandemic.
[1] Knowingly Concealing Stolen Property (average 5.6; mode 5; current maximum for property under $2500 is 4 years); Possession of Credit Card Belonging to Another (average 5.8; mode 3 years; current maximum is 1 year in jail); Possession of CDS within 1000 feet of school/park/child (average 5.2 years; mode 5 years; current maximum is 1 year in jail); Receiving Stolen Vehicle (average 5.4 years; mode 5 years; current maximum is 4 years); Receiving Stolen Property (average is 5.6 years; mode is 5 years; current maximum is 4 years for property under $2500); Taking or Receiving Stolen Credit Card (average 4.6; mode 3 years; current maximum is 1 year in jail); Unauthorized Use of Motor Vehicle (average 5.3 years; mode 5 years; current maximum is 4 years); Uttering Forged Instruments (average 5.6; mode 5; current maximum is 4 years for instruments under $2500)
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Petition created on April 6, 2020