Oklahoma Senate Bill SB113

Oklahoma 2022 Regular Session

• Introduced: 2/1/21
• Refer: 2/2/21

Caption

Sentence modification; removing prohibition for imposition of deferred sentence; authorizing court to modify certain sentences. Effective date.

Impact

If enacted, SB113 would change existing laws related to how sentences are modified and reviewed in Oklahoma. By allowing courts the autonomy to impose deferred sentences and make modifications to sentences based upon criteria set forth in the bill, the state would be taking a step towards a more rehabilitative approach to criminal justice for non-violent offenders. Critics, however, worry that such changes could undermine the authority of the district attorney and potentially compromise the safety of the public if sentences are adjusted without their oversight.

Summary

Senate Bill 113 focuses on modifying the judicial review process concerning sentences in Oklahoma. Fundamentally, the bill aims to remove the prohibition against imposing deferred sentences and authorizes courts to modify certain sentences without requiring approval from the district attorney. This shift allows for greater judicial discretion in the modification of sentences within specified time frames, which could greatly affect individuals serving non-violent drug charges and those who may have been sentenced to life without parole for certain offenses.

Contention

The bill has generated debate regarding the implications of reducing the constraints placed on sentencing modifications. Supporters argue it's an important move towards reform that could facilitate better outcomes for offenders and reduce recidivism. In contrast, opponents express concern that it might lead to premature releases or modifications of sentences without adequate consideration of a victim's input in the judicial process. The bill stipulates that victims should be notified when their cases are considered for modification, aiming to balance the interests of reformation with the rights of victims.