Per week earlier than dying row inmate Julius Jones’ Stage 1 commutation listening to, media character Kim Kardashian challenged her 69 million Twitter followers to telephone the Oklahoma Pardon and Parole Board and advocate for his launch.
“Inform them to ship Julius Jones residence to his household,” a narrator reads close to the tip of a video that Kardashian tweeted on March 1. “They’ve waited over twenty years for justice.”
Former Oklahoma Metropolis Thunder star Russell Westbrook and Cleveland Browns quarterback Baker Mayfield have additionally referred to as on the Board to subject a good commutation advice to Jones, a 40-year-old convicted of murdering Edmond businessman Paul Howell exterior of his residence in 1999. Advocates say Jones’ co-defendant, Christopher Jordan, framed him for the homicide in an try to obtain a lowered sentence.
By a 3-1 vote final week, the Board superior Jones’ utility to a Stage 2 listening to, a extra complete assessment the place new proof and testimony could also be offered. A 3-vote majority is required to advance the appliance to Gov. Kevin Stitt’s workplace for last consideration.
Forward of this listening to, more likely to occur someday in June, questions linger concerning the scope of the Board’s energy and the way the commutation course of performs out. This Q&A addresses widespread questions concerning the Oklahoma Pardon and Parole Board:
What does the Pardon and Parole Board do?
The Pardon and Parole Board is tasked with impartially reviewing pardon, parole, commutation and clemency purposes submitted by state prisoners. The company has about two dozen staff, together with an govt director, assistant govt director, basic counsel and several other case investigators.
The Board could grant parole to nonviolent offenders, whose crimes are usually not listed in part 57, Title 571 of the Oklahoma State Statutes, with out the governor’s approval. In clemency, commutation and violent parole circumstances, the Board forwards its favorable suggestions to the governor for a last resolution.
The governor appoints three out of 5 members and will set directives and proposals. In February 2019, Gov. Kevin Stitt requested the board to help in decreasing the state’s jail inhabitants by releasing extra nonviolent offenders.
What are the {qualifications} to be a board member?
They have to maintain a bachelor’s diploma and have no less than 5 years of expertise in regulation enforcement, corrections, psychological well being, social work or a associated subject. Two of the 5 members are required to have coaching in social work, psychological well being or substance abuse providers.
Three are appointed by the Governor, one by the Chief Justice of the Supreme Court docket and one by the presiding decide of the Court docket of Legal Appeals. They serve four-year phrases concurrent with the governor.
Who’re the present board members?
Allen McCall, appointed by Noma Gurich, Chief Justice of the Oklahoma Supreme Court docket. McCall is a retired decide who served in Comanche and Cotton counties from 1982 via 2013. His time period expires in January 2023.
Larry Morris, appointed by Dana Keuhn, presiding decide of the Oklahoma Court docket of Legal Appeals. Morris has greater than 20 years of expertise working as a juvenile counselor, social employee and probation officer. His time period expires in January 2023.
Kelly Doyle, appointed by Stitt, is deputy govt director of the Heart for Employment Alternatives, a nonprofit that helps previously incarcerated individuals discover work. Her time period expires in January 2023.
Adam Luck, appointed by Stitt, is Chief Govt Officer of Metropolis Care, a nonprofit group that gives housing help to low-income households in Oklahoma Metropolis. He beforehand served as a board member with the Oklahoma Division of Corrections. His time period expires in January 2023.
Scott Williams, appointed by Stitt, is a former Workplace of Juvenile Affairs board member and Life.Church campus minister. On Monday, Stitt introduced that he had appointed Williams to exchange Robert Gilliland, a trial lawyer who resigned from the board in January as a result of well being considerations. Williams holds a bachelor’s diploma in psychology and grasp’s diploma in legal justice administration and administration.
What’s commutation?
Commutation is a instrument meant to right an extreme or unjust sentence, not launch an inmate from jail early or wipe their legal file clear. In Oklahoma, a sentence could also be eligible for commutation if:
- The statutory vary of punishment for the crime has modified. For instance, State Query 780 considerably lowered sentencing ranges for sure drug and property offenses. Following the enactment of Home Invoice 1269, a invoice that made State Query 780 retroactive, the board beneficial commutation to 527 inmates in an accelerated listening to.
- New proof that wasn’t accessible on the time of trial has arisen. Within the Julius Jones case, advocates say testimony from an Arkansas inmate that Christopher Jordan murdered Paul Howell casts severe doubt on Jones’ conviction.
- The Board, utilizing its personal discernment, finds the unique sentence was unjust or extreme.
Can any inmate apply for commutation?
Sure. Prisoners can request an utility from their facility’s regulation library or ask somebody on the skin to mail them the shape.
The shape asks for an account of the offense, any concerned victims and the premise for searching for commutation. Letters of help should be submitted alongside the appliance. An legal professional is just not required to finish the shape, although some regulation corporations supply to streamline the method.
Inmates who obtain a misconduct violation whereas their commutation utility is pending are robotically faraway from consideration and should wait three years earlier than making use of once more.
How lengthy does the commutation course of take?
About six months. Every commutation utility is assigned to a Stage 1 assessment, a really temporary listening to the place Board members decide if the case is worthy of additional consideration. The Board will sometimes transfer via a whole bunch of commutation purposes in a single Stage 1 listening to. A 3-vote majority is required to advance the appliance to Stage 2 assessment, a extra complete listening to the place inmates, their authorized counsel, victims and regulation enforcement representatives could deal with the Board.
The Stage 2 assessment is often scheduled a number of months after the Stage 1 listening to. Once more, a three-vote majority is required to advance the appliance, this time to the governor’s workplace. When making a good commutation advice, the board additionally points steering on how the sentence needs to be modified. Board members are usually not required to supply their reasoning for rejecting or recommending commutation.
The governor has 90 days to grant or deny the appliance. In the event that they fail to behave, the request is taken into account denied.
With a number of uncommon exceptions, an inmate whose commutation utility is rejected should wait no less than three years earlier than they’re eligible to use once more.
What rights do victims, regulation enforcement and prosecutors have throughout the commutation course of?
State regulation mandates that the next events be given no less than 20 enterprise days discover to submit a written advice or protest of the commutation utility:
- Present elected decide of the courtroom the place the applicant was convicted
- Present district legal professional of the courtroom the place the applicant was convicted
- Head administrative officer of the arresting regulation enforcement company
- The sufferer or consultant of the sufferer
Through the Stage 2 listening to, the sufferer or their consultant is alloted 5 minutes to handle the board, if requested. Regulation enforcement and courtroom representatives are additionally given time to talk.
How does the state legislature affect the pardon and parole board?
Whereas the board maintains some autonomy, together with the flexibility to nominate its personal govt director and modify procedural guidelines, the state legislature largely decides how circumstances are reviewed and the factors for sure sorts of early launch. For instance, a invoice shifting via the legislature might change how the Pardon and Parole Board evaluations medical parole circumstances.
Senate Invoice 320, sponsored by Sen. Jessica Garvin, R-Duncan, handed 39-6 within the Senate on Wednesday. If enacted by the Home and signed by the governor, the invoice would broaden medical parole to a better variety of inmates.
Underneath present state regulation, the Pardon and Parole Board could solely advocate medical parole if an inmate is “dying or close to dying,” or declared now not a risk to society as a result of their well being situation. Senate Invoice 320 would broaden eligibility to “medically frail” inmates who’ve hassle caring for themselves. If the governor has declared a medical emergency, the invoice would broaden and permit any inmate who suffers from a number of persistent well being circumstances to request medical parole.
One other proposed invoice would modify how the Board evaluations dying row circumstances.
Home Invoice 1551, sponsored by Rep. Kevin McDugle, R-Damaged Arrow, would authorize the Pardon and Parole Board to create a Conviction Integrity Unit to assessment dying row circumstances. The invoice would enable dying row inmates to petition an unbiased legal professional and investigator on the unit to assessment their case. If there’s a believable declare of innocence, the unit would examine the case and submit a report back to the Pardon and Parole Board, legal professional basic and district legal professional who prosecuted the case. Whereas the invoice has not but acquired a Home or Senate vote, it has gained bipartisan help.
What open authorities legal guidelines are the Pardon and Parole Board topic to?
The Pardon and Parole Board should adjust to the Oklahoma Open Information Act and the Oklahoma Open Assembly Act.
The Oklahoma Open Information Act ensures the general public’s proper to data from state businesses, together with however not restricted to paperwork, information information and emails. It’s suggested that open data requests be made in writing, both by letter or e-mail, to keep away from confusion concerning the date of the request and what data is being sought. Right here’s the Pardon and Parole Board’s contact data and a information on how you can write open data requests.
Utilizing data obtained from the Pardon and Parole Board, The Frontier reported final June that Board member Allen McCall had despatched threatening messages to Steven Bickley, the Board’s former govt director. Bickley resigned in late July, saying “coverage choices had changed into direct assaults” and “I’ve been threatened for doing my job.”
The Oklahoma Open Assembly Act ensures that state company conferences are open to the general public and scheduled with no less than 24 hours of advance discover. Pre-pandemic, the Pardon and Parole Board held its conferences on the Kate Barnard Correctional Heart, a minimum-security ladies’s jail which closed over the summer season and is being repurposed for administrative workplace and coaching area. The Board presently meets by way of zoom net conferences which can be open to the general public. Right here’s a schedule of conferences and checklist of assembly minutes.
Keaton Ross is a Report for America corps member who covers jail circumstances and legal justice points for Oklahoma Watch. Contact him at (405) 831-9753 or [email protected]. Comply with him on Twitter at @_KeatonRoss
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