OKPOLICY.ORG
Once again, the Legislature is ready to work against itself when it comes to Oklahoma’s criminal justice system. The Legislature has advanced some bills that will remove barriers placed on justice-involved people. However, it has also entertained a number of bills that needlessly increase punitive measures. The Legislature risks setting Oklahoma back as the number one incarcerator in the country. Fortunately, there is still plenty of time for lawmakers to break this cycle and move Oklahoma in the right direction.
Good reforms are moving forward, but still have a long way to go
The Legislature has advanced some bills that will lower barriers that can keep justice-involved Oklahomans trapped in the system. This includes eliminating fees levied on people involved in the justice system, which can climb into the tens of thousands of dollars. In some courts, as little as five percent of fees are collected, leaving court and supervision programs with unstable and unpredictable budgets. House Bill 1460 by Rep. Tammy West would eliminate some of these fees. The same author also introduced HB 1462, which would direct courts to prioritize restitution payments to crime victims over fines and fees. HB 1460 is eligible to be heard on the House Floor. HB 1462 passed the House Floor unanimously and awaits committee assignment in the Senate.
Many justice-involved people have trouble obtaining driver’s licenses after their release, which can make it challenging to secure adequate employment, attend mandatory meetings with parole officers, and access health care. Two bills – HB 2364 by Rep. Brian Hill and Senate Bill 216 by Sen. Micheal Bergstrom – would require the Department of Corrections to help incarcerated people receive a driver’s license before exiting custody. Both HB 2364 and SB 216 have passed their chambers’ floor votes and await committee assignment in the Senate and House, respectively. Bills like these are simple but effective ways to help people reintegrate into the community after exiting the carceral system while improving public safety.
Punitive bills are also advancing, threatening earlier progress
The Legislature has also advanced punitive bills that would undo essential reforms. In 2016, Oklahoma voters raised the threshold for felony shoplifting from $500 to $1,000 through State Question 780. Since then, some lawmakers and corporations have claimed that shoplifting has skyrocketed in Oklahoma due to SQ 780. This is not true; Oklahoma’s larceny rate has actually decreased since 2016. Despite this fact, HB 1592 by Rep. John George would lower the felony threshold back down to $500, create a new crime of organized retail theft, and create a task force within the Attorney General’s office to investigate, arrest, and prosecute organized retail theft. Lowering the felony threshold will put more people in prison, taking money from the County Community Safety Investment Fund, also created by voters in 2016, that supports community and mental health services in Oklahoma. HB 1592 passed the House floor and awaits committee assignment in the Senate.
Other bills would further criminalize homelessness. HB 1689 by Rep. Rande Worthen and SB 748 by Sen. Jack Stewart would criminalize stealing or possessing a stolen shopping cart. It is already illegal to steal and possess stolen carts, just like any other item taken from a store. Creating these additional specific crimes would give law enforcement officers more leeway to stop and arrest people – many of whom are unhoused – while they have shopping carts outside retail settings. HB 1689 passed the House floor 54-33 and SB 748 awaits a hearing on the Senate floor. Similarly, further criminalizing homelessness is HB 1764 by Rep. Dell Kerbs, which would make unauthorized camping on municipal and county land a crime. It passed the House floor and awaits a committee assignment in the Senate.
Bills criminalizing homelessness do nothing to address its actual causes. Instead, they attempt to solve problems by incarcerating them out of sight, which has not and will never work. These measures threaten to put Oklahoma back on a path of unsustainable incarceration.
Looking forward, lawmakers have choices to make
Oklahomans have worked hard to improve our criminal justice system. The Legislature has both the opportunity to continue this work and the responsibility to protect it. They have the chance to correct some issues that often leave people trapped in the justice system. On the flip side, the Legislature can also entertain short-sighted, reactionary policies that will stunt Oklahoma’s growth while wasting public resources without solving root problems.
At this moment, Oklahoma is no longer the highest incarcerator in the world. However, that could change if lawmakers increase the punishments for nonviolent crimes. By contrast, legislators can take action to ease the path back into society for Oklahomans who have been incarcerated so that they can positively contribute to their community. As this legislative session continues, constituents should let their voices be heard about which path our lawmakers should take.
