A Look at State Questions

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  • Watonga Elementary students enjoying their new school bus toy. The new toy was purchsed by the Watonga School Board for the little playground over the summer, and has just recently been delivered and installed. Watonga Public Schools Watonga Republican
    Watonga Elementary students enjoying their new school bus toy. The new toy was purchsed by the Watonga School Board for the little playground over the summer, and has just recently been delivered and installed. Watonga Public Schools Watonga Republican
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Two state questions will appear on the November 3 general election ballot. State Question 805 was placed on the ballot by gathering signatures from citizens; State Question 814 was referred to a vote of the people by the Oklahoma Legislature. Each question is reprinted here as it will appear on the ballot followed by a brief summary.

STATE QUESTION NO. 805 INITIATIVE PETITION NO. 421

This measure seeks to add a new Article II-A to the Oklahoma Constitution. This new Article excepts and does not apply to persons who have ever been convicted of a violent felony. It would prohibit the use of a former felony conviction to increase the statutorily allowable base range of punishment for a person subsequently convicted of a felony. Individuals who are currently incarcerated for felony sentences that were enhanced based on one or more former felony convictions, and whose sentences are greater than the maximum sentence that may currently be imposed for such felonies, may seek sentence modification in court. The new Article sets forth a detailed process for such sentence modification, including but not limited to requirements for a hearing, appointment of counsel for indigent petitioners, and notification of victims, and requires that the court impose a modified sentence no greater than the current maximum sentence which may be imposed on a person convicted of the same felony with no former felony convictions, and which results in no greater time served in prison than under the original sentence. It establishes an appeal procedure, provides an effective date, and contains a severability clause.

SUMMARY: State Question 805 will be on the Nov. 3 ballot after nearly 250,000 Oklahoma voters signed an initiative petition. It was billed as a “smart on crime” measure that could result in up to $186 million prison cost savings. The measure prohibits Oklahoma judges from using previous nonviolent felony convictions as a reason to increase prison sentences for defendants convicted of new nonviolent crimes. Current inmates who received enhanced sentences for nonviolent felony convictions could ask the court for sentence reductions. If approved, new guidelines require the court to impose a sentence no greater than the current maximum sentence given for a person with no former nonviolent felony convictions for the same crime. The Constitutional Amendment establishes a hearing process, appointment of counsel for indigents, notification of victims and an appeals procedure. Proponents say Oklahoma inmates convicted of property and drug crimes currently spend more than 70 percent more time behind bars than the national average. Opponents, including some law enforcement groups, anti-domestic violence advocates, and the state district attorneys association, say the measure is a misguided attempt to give