News (Media Awareness Project) - UK: Lawmakers Haggling Over Sentencing Bill |
| Title: | UK: Lawmakers Haggling Over Sentencing Bill |
| Published On: | 1998-04-05 |
| Source: | Oklahoman, The (OK) |
| Fetched On: | 2008-09-07 12:31:25 |
LAWMAKERS HAGGLING OVER SENTENCING BILL
Cal Hobson, Senate point man for prison legislation, said a prison reform
bill the House speaker proposed this session would sabotage truth in sen
tencing before it comes on line.
Not so, House Speaker Loyd Benson said.
The truth probably lies in the middle as the House and Senate position them
selves to negotiate an affordable yet tough truth-in-sentencing bill.
Truth-in-sentencing legislation passed last year featured an elaborate
grid, ordering fixed sentences for crimi nals sent to prison and providing
com munity treatment for those convicted of lesser crimes.
"When you design the grid the way the House has, you do throw out truth in
sentencing," said Hobson, D-Lexing ton. Hobson said he is alarmed that cor
rections could take too much taxpayer money from education and roads.
Hobson's district contains the Univer sity of Oklahoma and two state prisons.
A Senate analysis presented to lawmak ers last week showed proposed
legislation could place Oklahoma at the top of the nation on the number of
pris oners per capita. House analysts disa greed and questioned the
Senate's projec tions.
Benson's bill takes some offenders, such as robbers with two prior
convictions "off the grid," allowing judges to increase their sentences.
A main thrust of Benson's measure, House Bill 2927, is to lock up the bad
offend ers for longer .
"Let's separate the evil ones we're afraid of, lock them up a long time,"
Hobson said. "I'm for that; every body's for that."
But Hobson said Benson's bill allows too many exceptions for property
offenders, hot-check writers and those who abuse drugs and alcohol, and
tosses them into prison.
"It's directly con trary to all of our work last year," Hob son said.
Benson said his bill still provides pro grams for drug and al cohol abuse
and liter acy training.
A Senate analysis presented by the state Corrections Depart ment last week
indi cated it could cost $66 million to allow judges the discretion of
sending some lesser offenders to prison in stead of keeping them in
communities.
Benson said it would cost much less.
House corrections analyst Jerry Garcia said $25 million to $30 million
would be closer to the cost.
The Senate ap peared to be high-bal ling the cost, placing the added
taxpayer ex pense in the next 10 years near $1 billion.
The House appeared to be low-balling, say ing it will be closer to $500,000.
The House is basing its costs on $36 a day per prisoner. The Sen ate is
using a figure close to $44, the cost of private prison incar ceration.
Meanwhile, Gov. Frank Keating entered the latest round, at tacking "liberal
sena tors," questioning why they want to leave dangerous crim inals on the
streets.
The governor pre dicted last week that "a blizzard of figures" would be
forthcoming. The fiscal blizzard has started.
At midweek, correc tions department anal yst Bill Chown re vealed overall
cost projections.
Working with the Senate staff, he fig ured Benson's bill could cost
taxpayers an additional $960 mil lion over the next 10 years. Benson's
House staff quickly reworked the numbers and re duced the projected cost to
$542 million.
Keating said, "If it's true like (an OU) study said, that 20 per cent of
offenders do 50 percent of the crime, if you lock up the chronic repeat
offend ers and the violent of fenders, you will have a diminishment in crime."
Benson said the Sen ate model fails to con sider that if the worst
criminals are locked up a longer time, some major crimes should decline.
Mike Connelly of the Criminal Justice Resource Center in Norman said that
if two burglars are locked up, two more will take their place, based partly
on the premise that a low percentage of crimi nals are ever caught.
Oklahoma County District Attorney Bob Macy disagreed last week, saying that
premise is contrary to what he has seen in 40 years of law enforce ment.
Connelly pointed out that although Ok lahoma's crime rate has remained con
stant for the past dec ade or more, the num ber of people incarcerated has
quadrupled.
Macy argued that if Oklahoma had not locked up more pris oners, the crime
rate would have skyrock eted.
Hobson said the problem is not with this year's budget, when start-up costs
are estimated at only $8 million.
However, 10 years down the road, he be lieves the state could be in trouble
unless it sizes up costs now.
He said Mississippi passed a tough tru th-in-sentencing bill a few years
ago but can't pay for it.
Just before the ses sion started, Keating proposed a bill that would have
tossed out the grid of prescribed punishments, al though he had en dorsed
last year's ver sion featuring a grid.
His bill would have returned to the old system of sentencing, offering wide
ranges.
Benson said, "We anticipate the Senate will remove many pro visions, and a
scaled-down version will be sent to confer ence."
In the conference committee, House and Senate members will draft the final
truth-in-sentencing bill for this session.
Sen. Howard Hen drick, R-Oklahoma City, said both houses have pledged to
work through the numbers this session, and that will occur by compro mising
on some provi sions in the speaker's bill before it can pass the Senate.
Hobson warned that a law-and-order men tality can be detri mental,
particularly to education.
He noted that sher iffs and district attor neys have been at the state
Capitol nearly every day, lobbying and offering their in put for the bill.
"I do think the edu cation forces have been asleep at the switch this
session," said Hobson, noting he conveyed that mes sage last week to both
OU President David Boren and Oklahoma State University Presi dent James
Halligan.
Hobson said he doesn't believe Okla homans support being near the top in
prison incarcerations and close to the bottom in education funding.
Top Categories of Inmates in Oklahoma Prisons Crime Number Percentage 1.
Illegal distribution of controlled substance 2,013 9.9 2. Illegal
possession of controlled substance 1,804 8.9 3. Second-degree burglary
1,445 7.1 4. Robbery or attempted robbery with dangerous weapon 1,303 6.4
5. First-degree murder 1,188 5.8 6. Driving under influence after prior
conviction 798 3.9 7. First-degree rape 786 3.9 8. Receiving, possessing,
concealing stolen property 691 3.4 9. Assault and/or battery with dangerous
weapon 687 3.4 10. Lewd or indecent proposals, acts with child 676 3.3
Source: Oklahoma Corrections Department
Cal Hobson, Senate point man for prison legislation, said a prison reform
bill the House speaker proposed this session would sabotage truth in sen
tencing before it comes on line.
Not so, House Speaker Loyd Benson said.
The truth probably lies in the middle as the House and Senate position them
selves to negotiate an affordable yet tough truth-in-sentencing bill.
Truth-in-sentencing legislation passed last year featured an elaborate
grid, ordering fixed sentences for crimi nals sent to prison and providing
com munity treatment for those convicted of lesser crimes.
"When you design the grid the way the House has, you do throw out truth in
sentencing," said Hobson, D-Lexing ton. Hobson said he is alarmed that cor
rections could take too much taxpayer money from education and roads.
Hobson's district contains the Univer sity of Oklahoma and two state prisons.
A Senate analysis presented to lawmak ers last week showed proposed
legislation could place Oklahoma at the top of the nation on the number of
pris oners per capita. House analysts disa greed and questioned the
Senate's projec tions.
Benson's bill takes some offenders, such as robbers with two prior
convictions "off the grid," allowing judges to increase their sentences.
A main thrust of Benson's measure, House Bill 2927, is to lock up the bad
offend ers for longer .
"Let's separate the evil ones we're afraid of, lock them up a long time,"
Hobson said. "I'm for that; every body's for that."
But Hobson said Benson's bill allows too many exceptions for property
offenders, hot-check writers and those who abuse drugs and alcohol, and
tosses them into prison.
"It's directly con trary to all of our work last year," Hob son said.
Benson said his bill still provides pro grams for drug and al cohol abuse
and liter acy training.
A Senate analysis presented by the state Corrections Depart ment last week
indi cated it could cost $66 million to allow judges the discretion of
sending some lesser offenders to prison in stead of keeping them in
communities.
Benson said it would cost much less.
House corrections analyst Jerry Garcia said $25 million to $30 million
would be closer to the cost.
The Senate ap peared to be high-bal ling the cost, placing the added
taxpayer ex pense in the next 10 years near $1 billion.
The House appeared to be low-balling, say ing it will be closer to $500,000.
The House is basing its costs on $36 a day per prisoner. The Sen ate is
using a figure close to $44, the cost of private prison incar ceration.
Meanwhile, Gov. Frank Keating entered the latest round, at tacking "liberal
sena tors," questioning why they want to leave dangerous crim inals on the
streets.
The governor pre dicted last week that "a blizzard of figures" would be
forthcoming. The fiscal blizzard has started.
At midweek, correc tions department anal yst Bill Chown re vealed overall
cost projections.
Working with the Senate staff, he fig ured Benson's bill could cost
taxpayers an additional $960 mil lion over the next 10 years. Benson's
House staff quickly reworked the numbers and re duced the projected cost to
$542 million.
Keating said, "If it's true like (an OU) study said, that 20 per cent of
offenders do 50 percent of the crime, if you lock up the chronic repeat
offend ers and the violent of fenders, you will have a diminishment in crime."
Benson said the Sen ate model fails to con sider that if the worst
criminals are locked up a longer time, some major crimes should decline.
Mike Connelly of the Criminal Justice Resource Center in Norman said that
if two burglars are locked up, two more will take their place, based partly
on the premise that a low percentage of crimi nals are ever caught.
Oklahoma County District Attorney Bob Macy disagreed last week, saying that
premise is contrary to what he has seen in 40 years of law enforce ment.
Connelly pointed out that although Ok lahoma's crime rate has remained con
stant for the past dec ade or more, the num ber of people incarcerated has
quadrupled.
Macy argued that if Oklahoma had not locked up more pris oners, the crime
rate would have skyrock eted.
Hobson said the problem is not with this year's budget, when start-up costs
are estimated at only $8 million.
However, 10 years down the road, he be lieves the state could be in trouble
unless it sizes up costs now.
He said Mississippi passed a tough tru th-in-sentencing bill a few years
ago but can't pay for it.
Just before the ses sion started, Keating proposed a bill that would have
tossed out the grid of prescribed punishments, al though he had en dorsed
last year's ver sion featuring a grid.
His bill would have returned to the old system of sentencing, offering wide
ranges.
Benson said, "We anticipate the Senate will remove many pro visions, and a
scaled-down version will be sent to confer ence."
In the conference committee, House and Senate members will draft the final
truth-in-sentencing bill for this session.
Sen. Howard Hen drick, R-Oklahoma City, said both houses have pledged to
work through the numbers this session, and that will occur by compro mising
on some provi sions in the speaker's bill before it can pass the Senate.
Hobson warned that a law-and-order men tality can be detri mental,
particularly to education.
He noted that sher iffs and district attor neys have been at the state
Capitol nearly every day, lobbying and offering their in put for the bill.
"I do think the edu cation forces have been asleep at the switch this
session," said Hobson, noting he conveyed that mes sage last week to both
OU President David Boren and Oklahoma State University Presi dent James
Halligan.
Hobson said he doesn't believe Okla homans support being near the top in
prison incarcerations and close to the bottom in education funding.
Top Categories of Inmates in Oklahoma Prisons Crime Number Percentage 1.
Illegal distribution of controlled substance 2,013 9.9 2. Illegal
possession of controlled substance 1,804 8.9 3. Second-degree burglary
1,445 7.1 4. Robbery or attempted robbery with dangerous weapon 1,303 6.4
5. First-degree murder 1,188 5.8 6. Driving under influence after prior
conviction 798 3.9 7. First-degree rape 786 3.9 8. Receiving, possessing,
concealing stolen property 691 3.4 9. Assault and/or battery with dangerous
weapon 687 3.4 10. Lewd or indecent proposals, acts with child 676 3.3
Source: Oklahoma Corrections Department
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