It would have ended the use of sentence enhancements for nonviolent felony crimes. She believes voting yes on State Question 805 ends a bad policy. State Question 805 asks voters to change the state’s constitution so that it bars courts from using sentence enhancements on people previously convicted of crimes not labeled violent in state … The state question would change Oklahoma’s constitution. Passage will lead to more efforts to relax punishments, such as lowering maximum sentences for many crimes. Oklahoma Pro-Life group: Vote NO on State Question 805 Measure Would Grant Leniency to Serial Abortion-Law Violators (October 15th, 2020 -- Oklahomans for Life) We urge your strong opposition to State Question 805 because of its effect on abortion in Oklahoma. Budget cuts could negate predicted savings. This measure does not apply to offenders who have ever been convicted of a violent felony. Oklahoma’s incarceration rates stand out internationally. State Question 805 instructs the judge to “consider the estimated cost of the petitioner’s continued incarceration to the taxpayers of the State of Oklahoma” when coming to a decision. State Question 805 failed in a landslide on Election Day. She said SQ 805 is tied to the state’s violent crime list as of Jan. 1, 2020, so it doesn’t matter if lawmakers attempt to reclassify nonviolent offenses, she said. “I've got a case right now were the offender was sentenced in 2017 to 10 years in prison, he's already out walking the streets and if he were to reoffend, his prior felony conviction for sexual abuse on a vulnerable adult would not be able to be used to enhance the punishment,” Marsee said. State money would be better spent on mental health, reentry, or victim services. State Question 805 would not allow sentences to be enhanced based on previous nonviolent felony convictions when someone is convicted of a new nonviolent crime. Those for 805 report Oklahomans are incarcerated 70% longer for property crimes and 79% longer for drug crimes compared to the rest of the nation. Voters would have to approve another state question later on to make changes to State Question 805. Research shows longer sentences do not deter crime or lower recidivism rates. With 100 percent of precincts reporting, The Oklahoma State Election Board website reads 61.08 percent of Oklahoma voters voted no on State Question 805, … She said State Question 805 would make things worse for crime victims. 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. These are called sentence enhancements. Repeat offenders could still be sentenced at or near the top of the range for their crime. Repeat offenders of felony domestic abuse won’t face enhanced sentences because a new law making domestic abuse a violent crime was approved after Jan. 1 this year. State Question 805 instructs the judge to “consider the estimated cost of the petitioner’s continued incarceration to the taxpayers of the State of Oklahoma” when coming to a decision. Dozens of Oklahoma sheriffs rallied Thursday to oppose State Question 805, which would do away with using prior nonviolent convictions to enhance prison sentences. Your California Privacy Rights/Privacy Policy. State Question 805 does not apply to any person who has ever been convicted of a crime listed in Section 571, Title 57 of the Oklahoma Statutes on Jan. 1, 2020. 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. Here are five things to know before voting: State law details how long someone may go to prison for committing various crimes. Oklahoma State Question 805 is a criminal justice question, and no doubt, you've seen the many ads for and against the question. State Question 805 was voted down 61% to 39%. Oklahoma voters at the polls on Tuesday will be deciding on controversial State Question 805. One of two state questions on the Nov. 3 ballot is SQ 805. State Question 805, which Oklahomans will vote on this November, would limit this sentence enhancement to crimes that the Legislature has classified as violent. State Question 805 is a common-sense criminal justice reform that will limit extreme sentences for nonviolent crimes and save Oklahoma taxpayers $186 million. Many have concerns over what is considered nonviolent crime. ©2020 OKVOTERGUIDE | Site designed and donated by 501tech and Asemio. If approved, SQ 805 would end the use of sentence … Repeat offenders of misdemeanor domestic abuse or drunk driving could still see charges enhanced to felonies and receive tougher sentences. Tuesday, June 30, Oklahoma voters will vote on State Question 802 – an expansion of Medicaid (Sooner Care) in the state of Oklahoma. State Question 805 would amend Oklahoma's constitution, making it impossible for state lawmakers to tweak or adjust the language in the future. Individuals could still be sent to prison for these crimes, depending on the case, but additional time could not be added based on the fact that they were repeat offenders. Join us and help end Oklahoma’s incarceration crisis. A drop in the prison population is not guaranteed because courts could still sentence defendants to the maximum allowable time. Oklahoma State Question 805 is a criminal justice question, and no doubt, you've seen the many ads for and against the question. State Question 805 on extended sentences for non-violent offenders will be on the November 3rd ballot here in Oklahoma. https://www.sos.ok.gov/documents/questions/805.pdf, https://www.claremoreprogress.com/news/sq-805-earns-place-on-nov-ballot-receives-local-criticism/article_97be91d4-d338-11ea-bec2-9b9742e80c45.html, https://www.news9.com/story/5e627caecd4aa89d1b92f8cd/state-question-805-seeks-to-rid-enhancement-sentencing-but-also-draws-criticism. This new Article excepts and does not apply to persons who have ever been convicted of a violent felony. State Question 805 is the state’s latest large-scale criminal justice reform measure. A report from the Oklahoma Council of Public Affairs found such enhancements are used 80% WASHINGTON, DC — FWD.us Vice President of Criminal Justice Reform Zoë Towns issued the following statement on the defeat of State Question 805 in Oklahoma: “For the past year, Oklahomans have worked tirelessly to approve an ambitious ballot initiative that would have ended Oklahoma’s regressive two- and three-strikes laws for people convicted of nonviolent offenses […] The group has actively campaigned since late 2019, when State Question 805 was submitted to the Secretary of State’s office. State Question 805 defined a violent felony as any offense listed in Title 57, section 571 of the Oklahoma State Statutes as of Jan. 1, 2020. 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. “2/3 of the women in Oklahoma prisons are survivors of domestic violence," McAfee … State Question 805 was most competitive in Oklahoma County, where 54% of voters The ballot text of SQ 802 reads, “This measure adds a new Article to the Oklahoma Constitution. State Question 805 would prohibit a convicted person’s former felony convictions from being used to “enhance the statutorily allowable base range of punishment, including but not limited to minimum and maximum terms.” The initiative would provide for … Roughly $1 million is scheduled to be spent on TV ads alone. Oklahoma incarcerates more women per capita than any other state, and according to a 2014 study, two-thirds of the women in the state’s prisons were … This measure seeks to add a new Article II-A to the Oklahoma Constitution. The range of punishment, which includes a minimum time and a maximum time, for each crime varies. The president of the Oklahoma Sheriffs Association also recently denounced the state question. The ballot question called for a constitutional amendment to end sentence enhancements for people convicted of … The Legislature would also retain the power to increase the sentencing range for any crime. If it passes tonight, SQ805 would reduce the … But the Oklahoma District Attorneys Council came out against the question recently, and the group Oklahomans United Against 805, which is led by the co-founder of a local domestic violence resource center, has started speaking out. Only about 170,000 signatures were required. The state question would apply to all crimes classified as nonviolent as of Jan. 1, 2020. Oklahoma is imposing cruel and unfair sentences on people for minor crimes. Over the last several months, virtual town halls have garnered crowds, and multiple groups have endorsed the question. Oklahomans will decide State Question 805 during the Nov. 3 general election, but many have expressed confusion on what exactly the measure would do. Inmates are seen within a jury box during court proceedings in an Oklahoma courtroom. The Oklahomans United Against 805 … Supporters of State Question 805 say money saved from incarcerating fewer Oklahomans could be used to fund drug treatment and rehabilitation programs. State Question 805 would get rid of that inhumane sentence enhancement for people who have never been convicted of a crime that the Oklahoma Legislature previously classified as “violent.” The American Founders were criminal justice reformers, driven by their Christian faith and their revulsion at the abuses of the British system. Oklahoma State Question 805, the Criminal History in Sentencing and Sentence Modification Initiative, was on the ballot in Oklahoma as an initiated constitutional amendment on November 3, … State Question 805 is Oklahoma’s latest large-scale criminal justice reform measure that would end the use of sentence enhancements based on prior felony convictions for repeat, nonviolent offenders if approved. And even though lawmakers reclassified some domestic violence charges as violent this spring, it was after the Jan. 1 deadline. You can read the full text of State Question 805 below. This measure seeks to add a new Article II-A to the Oklahoma Constitution. If it passes tonight, SQ805 would reduce the … State Question 805 would amend Oklahoma's constitution, making it impossible for state lawmakers to tweak or adjust the language in the future. Individuals currently in prison serving out enhanced sentences would be able to request a review of their case and possibly have their sentences modified. The measure could reduce by 8.5 percent the number of incarcerated individuals, saving the state an estimated $142 million or more over 10 years, one study found. On Jan. 1, certain domestic violence charges, as well as animal cruelty and certain trafficking charges were considered nonviolent. State Question 805 has already achieved success by opening up an entirely new chapter in Oklahoma’s long journey toward ending mass incarceration. Oklahoma's Question 805 prohibits a convicted person's former felony convictions from being used to calculate future punishments. Research in 2018 showed Oklahoma has the highest incarceration rate in the U.S., higher than more than 100 countries. By Adrian Moore and Alix Ollivier September 30, 2020 Oklahoma State Question 805: Criminal History in Sentencing and Sentence Modification Nonviolent or violent is a classification in state law that determines how harshly someone can be punished. When the Yes on 805 campaign turned in signatures earlier this year to qualify for a ballot, roughly 260,000 Oklahomans said they wanted to vote on the measure. A second conviction for a minor crime can lead to sentences out of proportion to the crime. 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