Both side of SQ's 780 and 781, criminal justice reform

OKLAHOMA CITY (KOKH) — Two state questions you'll see on your ballot go hand in hand. State questions 780 and 781 need to pass together.

SQ 780 would lower punishments for some drug possession crimes and property crimes by making them misdemeanors instead of felonies.

SQ 781 suggests if those crimes are downgraded, the state would save money by cutting down on prison sentences. The initiative would have the state take that money to pay for drug and mental health help for those criminals.

"What we know in most case is that simple property crimes are connected to drug use or misuse/abuse and/or mental illness. So ultimately, when a person is convicted of a low-level property crime, they would be given an assessment to determine what else is going on in their lives and what issues might need to be addressed more effectively through treatment and rehabilitative programs," saidKris Steele, chairman of Oklahomans for Criminal Justice Reform.

Wednesday a large group of law enforcment came together to oppose the questions.

"If you look across the room, the Oklahoma Sheriff's Association, sheriffs and deputies from across the state, the Oklahoma Association of Chiefs of Police, many district attorneys from across the state and many others in law enforcement that stand in opposition to these state questions," said Oklahoma Fraternal Order of Police Vice President Mark Nelson.

"We need to continue to look at this issue but we don't need State Questions 780 and 781," Cleveland County district attorney Greg Mashburn said.

They said they fear unintended consequences with these state questions. They think people would be less motivated to pursue drug court, if the questions pass. They also think drug and property criminals facing misdemeanor convictions, rather than the current felonies, would be less likely to give up information about other crimes.

"One of the great levers that we have over those who commit violent crimes is in almost every instance we will find that they are engaged in drug distribution in drug possession," Edmond Police Chief Bob Ricks said.

Steele said these questions could pass, any of law enforcement's concerns could still be addressed.

"These are statutory changes, not constitutional amendments, so they can be modified, they can be tweaked, they can be improved upon through the standard legislative process," he said.

Oklahoma has the highest prison rates in country, imprisons more African Americans than other states, and imprisons women at twice the national average, Steele said. He said those are statistics he wants to change.

"One in twelve Oklahomans are convicted felons. That's not okay. Taking all the politics out of the equation, the reason we have the highest incarceration rates in the nation is because we incarcerate people for things that other state incarcerates for," he said.

Steele said these questions were based on ideas that have worked in five other states.

Question 780 will appear on the ballot like this:

This measure amends existing Oklahoma laws and would change the classification of certain drug possession and property crimes from felony to misdemeanor. It would make possession of a limited quantity of drugs a misdemeanor. The amendment also changes the classification of certain drug possession crimes which are currently considered felonies and cases where the defendant has a prior drug possession conviction. The proposed amendment would reclassify these drug possession cases as misdemeanors. The amendment would increase the threshold dollar amount used for determining whether certain property crimes are considered a felony or misdemeanor. Currently, the threshold is $500. The amendment would increase the amount to $1000. Property crimes covered by this change include; false declaration of a pawn ticket, embezzlement, larceny, grand larceny, theft, receiving or concealing stolen property, taking domesticated fish or game, fraud, forgery, counterfeiting, or issuing bogus checks. This measure would become effective July 1, 2017.

Question 781 will appear on the ballot like this:

This measure creates the County Community Safety Investment Fund, only if voters approve State Question 780, the Oklahoma Smart Justice Reform Act. This measure would create a fund, consisting of any calculated savings or averted costs that accrued to the State from the implementation of the Oklahoma Smart Justice Reform Act in reclassifying certain property crimes and drug possession as misdemeanors. The measure requires the Office of Management and Enterprise Services to use either actual data or its best estimate to determine how much money was saved on a yearly basis. The amount determined to be saved must be deposited into the Fund and distributed to counties in proportion to their population to provide community rehabilitative programs, such as mental health and substance abuse services. This measure will not become effective if State Question 780, the Oklahoma Smart Justice Reform Act, is not approved by the people. The measure will become effective on July 1 immediately following its passage.