The Oklahoma Pardon and Parole Board is considering an administrative rule changethat would place several restrictions on when Oklahoma prisoners may seek commutation.
Current guidelines allow most prisoners to seek commutation at any time, though they must wait at least three years to reapply if an application is rejected. The proposal making its way through the administrative rules process would create the following criteria for commutation eligibility:
· The sentencing range for one or more of a prisoner’s current offenses has statutorily changed. For instance, if a legislative proposal to create a felony classification system is implemented, some prisoners may become eligible for commutation.
· The prisoner does not have a projected release date and has served at least 30 years.
· The prisoner has a favorable recommendation from a trial official, such as a district attorney or judge.
· The prisoner has a favorable recommendation from the governor.
In a summary statement filed with the Secretary of State’s office, Pardon and Parole Board counsel Kyle Counts wrote that the rule changes would promote fairness, transparency, efficiency and consistency in the board’s procedures. During an August 2022 board meeting, Counts said the overhaul of eligibility criteria is partially in response to an Oklahoma County Grand Jury report that criticized the state’s commutation processes.
Pardon and Parole Board Executive Director Tom Bates said the proposed rules would weed out applications with little to no merit, such as a person sentenced to life in prison filing for commutation within months of arriving in state custody. He said some board members are uncomfortable with the notion that they might be overruling a judge or jury.
“Can sentences be excessive?” Bates said. “Yes. We’re just trying to put some guardrails and determinations around that.”
If approved by the board, Bates said the proposed rules are subject to legislative review and final approval. A public comment hearing is set for Jan. 8 at 9 a.m. at the Oklahoma Health Care Authority Building.
