Oklahoma Sentence Commutation Program

What is Commutation in Oklahoma?

Commutation in Oklahoma occurs when the Oklahoma Pardon and Parole Board grants a prisoner a **reduction in his or her sentence**. This can be a substantial change, such as commuting a sentence of life without parole to life with parole, or reducing a thirty-year sentence to ten years or to time served.

Commutation may be given because the prisoner has an excessive sentence, or because of a change of circumstances during the incarceration (e.g., obtaining a college degree and maintaining exceptional behavior). Commutations in Oklahoma **must be approved by the Governor** after a favorable recommendation by the Parole Board.

Parole vs. Sentence Commutation: Key Differences

In Oklahoma, parole and sentence commutation are two distinct legal mechanisms:

• **Parole** is a form of **supervised release** managed by the Pardon and Parole Board. The aim is conditional release into society under specific rules (reporting to an officer, maintaining employment). Violation can lead to re-incarceration.
• **Sentence Commutation** is a **formal adjustment** that reduces the length or changes the conditions of the original sentence itself. It is a one-time reduction, often aimed at justice or mercy. It requires final approval from the Governor and **does not involve supervisory conditions upon release**.

History of Sentence Commutation in Oklahoma

Oklahoma’s history with commutation is rooted in efforts to reform the state’s criminal justice system and address high incarceration rates. Significant milestones include:

• **State Question 780 (2016):** Reclassified simple drug possession and certain minor property crimes from felonies to misdemeanors, allowing those serving long sentences for these downgraded charges to seek commutation.
• **Historic Commutation (November 2019):** Oklahoma set a national record with the largest single-day commutation in U.S. history, releasing over 450 non-violent offenders.
• **Current Approach:** The state has expanded its approach to include certain violent offenders who have demonstrated substantial rehabilitation and good behavior, reflecting a shift toward individualized case assessment.

Today, commutation plays a vital role in balancing public safety with the opportunity for redemption and reintegration.

Requirements for Seeking Commutation in Oklahoma

Oklahoma statute 57 OK Stat § 57-332.2 describes the requirements:

• Any person incarcerated in an Oklahoma penal institution may apply.
• Under new 2024 policies, prisoners may seek commutation **every three years**.
• If denied twice, the board votes to decide if the prisoner must wait five years before reapplying.
• The prisoner must have served at least **five years** of his or her sentence before applying. If the sentence is less than five years, then **one-third** of the sentence must be served.

The Commutation Process: Two Stages

The process begins by submitting an **Application for Commutation** to the Oklahoma Pardon and Parole Board. Applications are screened for accuracy (e.g., complete misconduct history and prior criminal history) and then placed on the next available docket.

Commutation is a two-stage process:

1. **Stage One (Initial Vote):** A majority vote is needed to pass the inmate to the second stage.
2. **Stage Two (Hearing):** An actual hearing is held (usually by video conference). The inmate may have two delegates attend, with one allowed to speak. Victims are notified and may also attend and speak. If the board gives a favorable recommendation, the application is then sent to the Governor for final approval.