The Duncan Banner

Local News

November 2, 2011

Creating elbow room

New law is expected to reduce prison overcrowding

Toni Hopper The Duncan Banner

DUNCAN — Of the 187 new Oklahoma laws that became effective this week, House Bill 2131 doesn’t get everyone’s approval.

The bill was authored by House Speaker Kris Steele and is meant to relieve prison overcrowding and release nonviolent offenders back into the mainstream society after they have served at least 90 days of their sentence.

Yet, Stephens County District Attorney Jason Hicks and County Sheriff Wayne McKinney believe some of those nonviolent offenders could fall into another category if they don’t get the help or reform they need.

The new law means Hicks must now consider how recommendations are presented to the court in regard to sentencing and time served.

“There’s a provision in (HB 2131) where if they are to serve five years or less, then they are to be released with a GPS device after they serve 90 days,” Hicks pointed out.

But he believes for some prisoners to get the rehabilitation services needed, many times it means remaining  incarcerated longer than 90 days.

Hicks identified several offenses that could be included in the specifics of the new law — from property crimes to drug offenses. He’s concerned about crimes like second-degree burglary, in which someone broke into a home that was unoccupied at the moment of the crime. If a resident is home, such a crime could be escalate into acts of violence.

“If someone is brazen enough to break into a house, then they could be dangerous,” Hicks said.

If a nonviolent offender continually breaks into homes or is involved with drugs, that person should remain in jail longer than a 90-day minimum, the DA believes.

“You can be nonviolent and have a drug offense. The root of this is we have to get to these people and change their mindset,” McKinney said.

“The thing that concerns me is that prison systems are suppose to rehabilitate a person for a crime. Say, for example, drugs. If (a criminal act is) bad enough to get a guilty conviction, then (the person convicted) probably should remain in jail.

“I don’t know if this law is the answer.”

Additionally, an inmate sitting in a county jail who is scheduled to enter a State Department of Corrections facility must continue to wait until they can be processed into the system. Even if they fall under the new guidelines for nonviolent offenders, they have to still go through DOC, Hicks and McKinney noted.

It’s expected about 200 inmates will be released from the state prison systems with the electronic monitoring devices. It’s also expected to be up to two years before the impact of the new law will be noticed.

“If someone is sentenced to DOC, in my jail and awaiting transfer, then they have to be processed into the system. I may have to have someone in my jail for eight months to a year before they get transferred,” McKinney said.

Legislators believe the new law will help reduce repeat offenders and put people back on track through community service programs. McKinney said he’s going to have to see that happen before giving the new law his full approval.

And while the law is aimed at nonviolent offenders, one such group won’t find themselves so fortunate. Those who make a drug like hashish, its oil or powder, might be looking at life in prison under House Bill 1798.

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