DA ROLE IN SENTENCES CONSIDERED

State lawmakers are pledging to work with district attorneys as they
consider bills that could affect whether people go to prison for their
crimes. A key aspect of the bills is they would take power from district
attorneys in deciding whether defendants should be eligible for community
sentencing and drug court programs.

They are being carried in the House by Rep. David Braddock, D-Altus.

Braddock said he and other legislators worry that district attorneys might
be reluctant to use alternative treatment programs because constituents
might think they are being soft on crime.

"I don't advocate being soft on crime," Braddock said. "But I do think we
need to be smart on crime."

The measures being considered by the House this week include:

Senate Bill 576, by Braddock and Sen. Bernest Cain, D-Oklahoma City, would
remove a prohibition against sending anyone picked up on a warrant to the
state's drug court program. The bill would let judges decide who is
eligible for drug court programs or community sentencing programs.

The bill was sent on by the House Mental Health Committee for full House
consideration.

SB 795, by Braddock and Sen. Daisy Lawler, D-Comanche, would require drug
court training for judges, public defenders and district attorneys in the
state's 57 counties that don't use the program.

The House Mental Health Committee sent the bill along for full House
consideration.

SB 808, by Braddock and Sen. Dick Wilkerson, D-Atwood, would give the judge
alternative sentencing options for someone who commits a minor rules
violation during probation for more serious crimes.

The House Criminal Justice Committee sent the bill on for full House
consideration.

SB 816, by Wilkerson and Braddock, would allow judges to consider whether
someone should face community sentencing or adjudication through the drug
court program instead of prison, even if they are charged with a third or
subsequent felony by authorities.

"The problem with the law the way it is set up now is that our district
attorneys are almost allowed to be judges," Braddock said.

He said existing law lets prosecutors determine who might be eligible.

"Let's let our judges be our judges," he said.

The House Criminal Justice Committee sent it on for full House consideration.

A representative of the Oklahoma District Attorneys Council could not be
reached for comment.