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.