LAWMAKERS WILL HAVE ONE MORE CHANCE

To Resolve The Truth-In- Sentencing Issue Before The Law Takes Effect

OKLAHOMA CITY -- Legislators will meet Wednesday to continue a special
session on truth in sentencing and take another stab at working out
their differences on the controversial issue.

If they fail to take action, either repealing the truth-in-sentencing
law passed two years ago or delaying its implementation another year,
it will go into effect the next day.

Two sentencing bills will be on the Senate agenda when the special
session reconvenes. House Bill 1009X repeals the truth-in-sentencing
law, and House Bill 1008X establishes a pilot community-sentencing
program in nine counties, including Tulsa County.

Lawmakers say the counties include about one-third of the state's
population. The program is voluntary and the counties in the initial
group already have local community-sentencing councils in place and
ready to begin operation.

Lawmakers supporting community sentencing, particularly Sen. Herb
Rozell, D- Tahlequah, who has tried in vain for years to pass it, say
similar programs have worked well in other states, reducing
correctional costs and providing the means for many individuals to
turn their lives around.

Local community-sentencing councils would design their own programs,
which could include overnight and weekend incarceration, community
service, counseling, literacy and substance-abuse programs.

The bill also provides that individuals convicted of so-called ``11
deadly sins'' -- violent crimes such as murder and rape and crimes
against children -- would have to serve 85 percent of their sentences
before being eligible for parole.

But that isn't good enough for the lock- 'em-up-and-throw-away-the-key
crowd. The Oklahoma Sheriffs Association says it would allow violent
and repeat offenders to avoid incarceration and get into the
community-sentencing program. That criticism prompted new Republican
State Chairman Steve Edwards to blast the Democratic-sponsored
proposal as ``soft on crime.''

Democratic legislators supporting the proposal say those arguments
aren't valid. Sen. Cal Hobson, D-Lexington, one of the chief
legislative negotiators on truth in sentencing, said there would be
safeguards built into the system.

Hobson said inmates would be tested before entering the program to
screen out potentially violent individuals, and local judges would
have to concur before someone goes into community sentencing.

Hobson also pointed out that under the present system, thousands of
convicted felons are given suspended or deferred sentences and receive
little or no supervision or beneficial programs designed to change
their behavior.

A sentencing grid in the truth-in-sentencing bill that would have
determined the length of sentences would be repealed, and sentencing
for crimes other than the ``11 deadly sins'' would remain the same as
it is now.

While there would be an increase in corrections spending under the
Democratic-backed proposals, it would be far less costly than most
estimates of the cost of truth in sentencing.

If the bills pass the Senate, they must also be approved by the House
and signed into law by Gov. Frank Keating.

Keating said last week he expects Democrats to back the legislation
and make accommodations for Republicans.

Hobson said he doesn't expect that to happen, and House Speaker Loyd
Benson, D-Frederick, said earlier he sees no need for further
negotiations and wants an ``up-or-down vote'' on the bills.

Legislators expect a one-day session, but if they take no action to
repeal or delay the implementation of the truth-in-sentencing law,
Keating probably will try to keep them at the Capitol until they do.
That could result in a contest of wills, with the Legislature
recessing the special session and Keating calling them back to the
Capitol.

He can call them back, but he can't compel them to stay. The House
once thumbed its nose at former Gov. George Nigh and adjourned a
special session he called to address the state's revenue problems.

The Senate passed the truth-in-sentencing repeal bill by a narrow
margin two weeks ago, but failed by four votes to attach an emergency
clause to the legislation when Republicans refused to vote for it.
Bills without an emergency designation don't take effect until 90 days
after the Legislature adjourns.

The failure of the emergency on HB 1009X would have allowed truth in
sentencing to take effect before the repealer was in force.