Oklahoma lawmakers are gearing up to debate a slate of criminal justice bills that could update the state’s correctional policies, change treatment expectations for incompetent defendants, restructure the parole board and pause the death penalty.
Rethinking long-established processes, the proposals aim to address some of the most pressing challenges brought to public focus over the past year. Here are issues to watch:
Death penalty
Senate Bill 601, authored by Sen. Dave Rader, R-Tulsa, pauses all pending executions, prevents the state from scheduling new execution dates and establishes a task force to review Oklahoma’s execution practices.
Made up of five members, the Death Penalty Reform Task Force would be responsible for determining whether the state is living up to reforms suggested in 2017.
All statutes related to the death penalty would be suspended until the act is repealed, at which time they would return to full force. However, the bill specifies that it does not vacate individual judgments in cases where a death sentence has been given.
A similar measure was proposed last year by Rep. Kevin McDugle, R-Broken Arrow, but it stalled on the House floor.
In Oklahoma, there are 32 people on death row. Last year, only Texas and Alabama outpaced the state’s number of executions.
Oklahoma jails
The “Oklahoma Jail Standards Act,” or Senate Bill 595 by Darrell Weaver, R-Moore, would mandate jails implement stricter security measures, improve medical care and enhance staff training.
The bill also requires the State Department of Health to review and approve jail construction and remodeling plans – a measure that would go into effect before the construction of the new Oklahoma County jail.
In December, the Oklahoma County jail failed a surprise health inspection. The ensuing report from the State Department of Health is only the latest installment in a long line of controversies for the 30-year-old detention center, which has failed countless inspections and earned the moniker “one of America’s deadliest jails.”
In June 2022, Oklahoma County voters approved a $260 million bond to fund a new jail, but along with an onslaught of controversy about where to build it, construction for the replacement facility is expected to cost at least $300 million more than anticipated.
Current plans put the new jail at a site in Del City, where construction of its accompanying Behavioral Care Center has already begun.
House Bill 1673, filed by Josh Cantrell, R-Kingston, would amend existing law by increasing the minimum distance between new correctional facilities and schools from 1,000 to 2,000 feet. The change doesn’t explicitly upset current construction plans but follows backlash from community members and local schools about the location.
Cantrell’s bill also mandates legislative approval for new or significantly expanded correctional facilities.
Competency restoration
Senate Bill 811, sponsored by Julie Daniels, R-Bartlesville, changes the state's approach to competency restoration for criminal defendants. It mandates that the Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS) develop and implement a pilot program to provide community-based competency restoration services, as ordered by the consent decree for Briggs V. Friesen.
Senate Bill 1089, by Sen. Paul Rosino, R-Oklahoma City, also alters competency determinations in criminal cases. It outlines procedures for handling individuals deemed incompetent but dangerous, particularly those accused of felonies or violent crimes. The bill mandates specific hearings, reporting requirements and conditions for release, emphasizing a standard of "clear and convincing evidence."
In a federal lawsuit against ODMHSAS, plaintiffs argued hundreds of people ruled incompetent to stand trial have been left in jails across Oklahoma for inordinate amounts of time.
Resolving the lawsuit has pitted prominent lawmakers Governor Kevin Stitt and Attorney General Gentner Drummond against each other, drawing out the settlement process.
Meanwhile, a bill from Justin Humphrey, R-Lane, proposes abolishing the ODMHSAS altogether. House Bill 1343 would mandate the transfer of all the department’s duties, powers, responsibilities and assets to the State Department of Corrections.
Pardon and Parole Board
Between June 2023 and June 2024, Oklahoma’s Pardon and Parole Board reviewed an average of 460 cases each month.
Sue Hinton, a retired journalism professor and advocate for people behind bars, said this large caseload hurts the people contending for release. She has attended almost every parole board meeting in the last five years.
“They will vote on each person. It takes less than 30 seconds,” Hinton said.
House Bill 1968 from Rep. Danny Williams, R-Seminole, would change the board's structure to address concerns from advocates like Hinton. The bill would transition board members from part-time to full-time state employees and raise their annual salary from $22,800 to $85,000.
The proposal would also allow the board to employ two alternate members, which could prevent delays when a sitting member resigns or can’t make it to a scheduled meeting.
This January, the Pardon and Parole Board worked through two months’ worth of cases because of successive board member resignations.
This report was produced by the Oklahoma Public Media Exchange, a collaboration of public media organizations. Help support collaborative journalism by donating at the link at the top of this webpage.