Pubdate: Tue, 02 Mar 2004
Source: Oklahoman, The (OK)
Copyright: 2004 The Oklahoma Publishing Co.
Contact:  http://www.oklahoman.com/
Details: http://www.mapinc.org/media/318
Author: Jack Money
Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing)

DRUG POSSESSION PUNISHMENT REFORMS SUGGESTED

Oklahoma should eliminate mandatory minimum prison sentences for drug 
possession and should exert more time and effort toward supervising its 
parolees, a state commission says. Those suggestions are among the Oklahoma 
Sentencing Commission's annual recommendations to the Legislature on 
managing the state's criminal justice system.

The commission voted down proposals from the District Attorneys Association 
to make methamphetamine manufacturing and drug trafficking crimes violent 
offenses.

The commission's recommendations include:

Eliminating mandatory minimum prison sentences for people convicted of drug 
possession or for nonviolent felonies that are not habitual offenses. Drug 
courts, community sentencing or probation would be better ways to deal with 
such criminals, commissioners said.

Danny Williams, a Tulsa defense attorney who serves on the commission 
representing the Oklahoma Bar Association, said a majority of the group 
feels mandatory minimums aren't helpful in many cases.

"With mandatory minimums, we are sending drug addicts to prison. These same 
people are coming out of prison as drug addicts today. Treatment programs 
should be an option," Williams said.

Creating a new punishment system for criminals on parole and probation who 
violate simple rules, like missing a parole meeting or failing a drug 
screening.

Judges today can only revoke a probation and send the offender to prison, 
or let him go without punishment.

Commissioners suggest judges could better deal with such violations by 
imposing fines, community service and local jail detention. They add the 
new program would save the state money.

More than 10 percent of the people sent to state prisons in 2003 were 
parole or probation violators, commissioners said.

"The idea is not to be soft on crime, but to be smart about it," said Jim 
Drummond, the noncapital trial division director for Oklahoma's Indigent 
Defense System.

Intermediate punishments can help keep such violators on the right path, he 
also said.

"If you give someone a chance by not simply returning them to prison, then 
chances are increased they will ultimately succeed and become a productive 
member of society," Drummond said.

He stressed that parole revocations could still be done, when warranted.

Improving the tracking of sex offenders by changing state laws so that such 
criminals must serve probationary time as part of their sentences.

Changing the Oklahoma Constitution to remove the requirement for the 
governor to consider every parole recommendation. Commissioners propose a 
parole plan where the governor would only consider such recommendations 
when they are protested by a prosecutor or crime victim.
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