Pubdate: 11 Jan 1998 Source: Tulsa World (Tulsa OK) Author: Brian Ford, World Capitol Bureau Contact: note: Our newshawk writes: Not all of this is relevant, but pay close attention to the last paragraph. Perhaps Will Foster could appeal the length of his sentence. THE CONTROVERSIAL LAW AND HOW IT WORKS According to the 1997 legislative Session Highlights, which is produced by the House of Representatives, House Bill 1213 was the ``culmination of many years of work to reform sentencing in Oklahoma's judicial system . . . enacted both to instill confidence that criminal conduct will be punished and to relieve the prison overcrowding crisis and rising costs associated with housing inmates.'' The bill has five major parts: Truth in sentencing Community corrections A sentencing commission County jail reimbursement A process to plan better for the state's future needs in the construction of public and private prisons. Truth in sentencing says that those convicted of a crime after July 1 must serve a predetermined portion of their sentence. Those convicted of a serious, violent crime will be required to serve 85 percent of the sentence before being eligible for parole consideration, and those convicted of nonviolent crimes will serve at least 75 percent of their sentence before being eligible for parole. End to Early Release Also, early release laws no longer will be used to reduce inmate populations for those who enter the prison system after July 1: Sentencing matrices and schedules of felony criminal offenses are used to establish set ranges of punishment for each criminal act currently listed in statute. Prior offenses and other factors, such as the likelihood of committing new crimes, also will be used as ``enhancers" by the courts to determine the sentence. Jury sentencing is discontinued in all but first-degree murder cases in order to ensure more uniformity in sentencing. For all other crimes, juries will determine only guilt or innocence and judges will determine the sentence. The role of the state Pardon and Parole Board will be modified to cover the last 15 percent of sentences for violent offenders and the last 25 percent of sentences for nonviolent offenders. An 11-member Oklahoma Sentencing Commission will review each piece of legislation that affects the state's criminal justice system. The commission will prepare a report to the Legislature regarding each bill's fiscal impact, the impact on the prisons' maintenance and personnel and a projection of the offender population and related costs. The commission can revise sentences as needed to accommodate the number of offenders that are received by the Department of Corrections. Community sentencing will provide treatment and sometimes local incarceration for nonviolent offenders. Local criminal justice officials will have an array of punishments and treatment programs to choose from, such as jail time, victim restitution, drug and alcohol treatment and literacy programs. These programs also allow jail time for offenders who do not comply with their programs. Sheriff Reimbursement -- The reimbursement rate for county sheriffs for holding state inmates awaiting transfer to the Department of Corrections is to be increased from $7 to $24 per day. The rate at which the state reimburses jails for holding inmates in the community corrections program is to be $20 per day. The state will reimburse the counties for as much as a year of jail time for some offenses but much less for other offenses. Future Needs -- The bill creates a planning process for forecasting new inmate bed needs and establishes a timetable to govern the bidding process for new private prison beds. Costs -- The Legislature has stated its intent to add $429 million over the next 10 years to implement the reform package. The Legislature last year appropriated an additional $33.9 million for 1,484 new private prison beds and an $18 million bond package for the construction of 600 new medium-security beds at existing state prisons. Appropriations to the Department of Corrections for the current fiscal year totaled $296.5 million, a 20 percent increase. The Sentencing Grid All crimes are grouped into schedules, each with a sentencing range that can vary according to several factors: the offender's prior record; the vulnerability of the victim; whether the victim was tortured or maimed; whether a firearm was used in the offense; and the amount of money involved in the crime. For example, someone convicted of second-degree murder who was previously convicted of shooting with intent to kill can have five years added to his sentence. The judge is supposed to use the midpoint of the sentencing range as the basis for the punishment. For example, the range for a first-time offender convicted of shooting with intent to kill is between 30 months and 300 months. The midpoint is 165 months, but a judge can increase or decrease the sentence by 20 percent. If the judge sentences an offender to more or less than 20 percent of the midpoint, his decision can be appealed. Schedule A is first-degree murder, punishable by 18-60 years in prison, life in prison without parole or death. Schedule B is shooting with intent to kill, second-degree murder, first-degree murder and assault and battery with intent to kill. Someone convicted of such a crime for the first time would be sentenced to 30-300 months in prison. A ninth-time offender would have another 10 years added to his sentence. Another year would be added if the victim were vulnerable, if a firearm were used or the victim was maimed or tortured. Schedule C crimes include assault and battery with a deadly weapon, robbery with firearms, first-degree manslaughter and child abuse. A first-time offender would receive 18-145 months in prison; a ninth-time offender would receive an additional 10 years. Schedule D and D1 crimes include assault and battery with a dangerous weapon, first-degree robbery, first-degree burglary, aggravated assault and battery on police, first-degree burglary, second- degree manslaughter, second-degree robbery and fourth-degree arson. A judge has the option of sentencing new offenders to prison or community corrections, while prison time is mandatory for others. Schedule D2, assault and battery on a police officer, carries the possibility of community sentencing, jail time or prison time of as much as three years. Schedule E includes third-degree arson, second-degree burglary, grand larceny from a house and auto theft. Those convicted of these times could serve community sentences, as much as a year in jail or as much as three years in prison. Schedule F includes bribery of an officer, escape, perjury or embezzlement by an officer. Punishment includes community sentencing, the possibility of six months' jail time for higher-level offenders or as much as 28 months in prison for highest-level offenders. Schedule G includes first- and second-degree forgery, extortion, embezzlement, grand larceny, and receiving stolen property. In most cases, these offenders would receive community sentencing. A sixth- time offender would see the possibility of jail time, and someone convicted nine times could see prison time of as much as 27 months. Schedule H includes theft crimes of $50 to $500 and escape from detention. Only multirepeat offenders would see the possibility of jail. Schedule S includes all sex crimes. Most sex offenders will see prison of as much as 26 years for aggravated rape. Those convicted of indecent exposure, pandering and indecent exhibition could receive community sentencing, jail time or prison time of a year and five months. Schedule I crimes involve accidents incurred while driving under the influence of alcohol. Punishments range from community sentencing for first- and second-time offenders to four months of jail time to four years in prison, depending on the specific offense and the prior record of the offender. Schedule N crimes involve narcotics. Crimes such as manufacturing and trafficking in drugs and possession of large amounts of cocaine or marijuana would carry as much as 28 years in prison, but possession of small amounts of drugs could result in jail time or community sentencing.