While several criminal justice reform bills passed their first votes in the legislature on Tuesday, lawmakers are still quick to pump the brakes.
The Senate Judiciary Committee approved measures to restructure bail, allow resentencing in past felony drug possession cases, and overhaul practices around fines and court fees, but each one had its title stricken. Bills with that status can’t become laws.
"There’s a lot of substance in these bills, maybe moving at a very accelerated pace, and I think we all need to get our brains around them to make sure that we do the very best in terms of public policy," said Sen. Julie Daniels, chair of the judiciary committee.
Changes are likely before the bills’ titles are restored and could result in the legislation doing less than authors intended.
Senate Bill 252 would not allow bail to be set in excess of what a person can pay. Senator Roger Thompson said many nonviolent defendants would be released on their own recognizance unless the judge finds reason they shouldn’t be.
"We want this person to return to court. How best will they return to court? So, we’re going to put that into the hands of the judges to make that determination. That’s what they do all day long," Thompson said.
Thompson said district attorneys have concerns about the bill.
Eliminating cash bail is among the American Civil Liberties Union of Oklahoma's Smart Justice Campaign priorities. Timantha Norman with The Bail Project said poor Oklahomans often have to choose between taking plea deals to avoid jail or awaiting trial behind bars.
"Even 24 hours behind bars while awaiting trial can have a devastating effect, from loss of employment and housing to potentially losing custody of one’s children," Norman said. "Moreover, individuals detained pretrial are 30 percent more likely to plead guilty and four times more likely to receive a jail sentence than those who are able to fight their case from a position of liberty."
California is the only state to eliminate cash bail, but proposals have come up in New York and Kentucky.
The judiciary committee passed Senate Bill 357, which would make retroactive State Question 780’s reclassification of drug possession from a felony to a misdemeanor. Around 1,000 people currently in prison for drug convictions before July 1, 2017, could petition a judge if it becomes law.
"That means that they would go before the judge, present the actual facts of what they were arrested for and the judge would be allowed to resentence them to a misdemeanor offense rather than the current felony conviction that they have on their record," said Sen. Stephanie Bice.
The judiciary committee also passed Senate Bill 618. It would direct courts to determine whether defendants are willfully refusing to pay a fine, waive supervision fees for most offenses in hardship cases, and implement a stepped process to revoke probation.
Each bill now goes to the Senate Appropriations Committee.
ACLU of Oklahoma will be pushing lawmakers for criminal justice reform action this session.
"We are not here because of one bill or one win. We are here because people’s lives are at stake, and we as Oklahomans deserve to treat them as human beings," said Smart Justice Campaign Manager Nicole McAfee.
