State Supreme Court sets ballot questions on criminal justice reform

OKLAHOMA CITY (KOKH) — When Oklahomans go to the polls in November, two of the things they will vote on are State Questions 780 and 781.

Monday, the Oklahoma Supreme Court ruled on the wording for the ballot, after the group that proposed the reform and the Attorney General each submitted very different versions.

Oklahomans for Criminal Justice Reform organized the petition drive that got 780 and 781 on the ballot.

Members say reform is needed in part to combat Oklahoma's prison overcrowding problem.

"But more than that, it's about helping individuals or connecting individuals who need help with the appropriate resources in their community, to be able to address the root issue that they may be dealing with," chair Kris Steele said.

Question 780 would make drug possession a misdemeanor instead of a felony. It would also make crimes involving $1,000 worth of property or less a misdemeanor instead of a felony. Right now Oklahoma's threshold is $500.

Question 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 convicted.

Steele thinks this would help in areas Oklahoma ranks among the worst.

"The rate at which we incarcerate female offenders and the fact that Oklahoma has the highest percentage of people of color who are incarcerated per capita,' he said.

But, in the AG's description of the questions, it points out voting for them means, in part, lessening the crime for people who have drugs in the presence of children and lessens charges for things like embezzlement and grand larceny.

Oklahomans for Criminal Justice Reform argued the wording was unfair because it aims at emotional issues for the voter and dismisses what they think the reforms will accomplish.

Steele said he commends the justices for their ruling.

"I think it an accurate description. I think it's a valid description. I think it's a non-biased description of what these reforms actually entail," Steele said.

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.