What is commutation in Oklahoma?

Unlike parole, commutation in Oklahoma occurs when the Oklahoma Pardon and Parole Board grants a prisoner a reduction in his or her sentence. For example, a sentence of life without parole can be commuted to life with parole, or a thirty-year sentence can be commuted 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. An example of a change in circumstances could be that the prisoner has obtained a college degree and has maintained exceptional behavior. Commutations in Oklahoma must be approved by the Governor of Oklahoma after a favorable recommendation by the parole board.

The difference between parole and sentence commutation

In Oklahoma, parole and sentence commutation are two distinct legal mechanisms that allow for an alteration of a prison sentence, though they differ in purpose, process, and outcome. Parole is a form of supervised release that can be granted before the completion of an inmate's original sentence. This decision is managed by the Oklahoma Pardon and Parole Board, which considers factors such as the inmate's behavior, rehabilitation progress, and risk to public safety. Inmates who are granted parole must follow specific conditions, such as regularly reporting to a parole officer, maintaining employment, and avoiding criminal activities. If these conditions are violated, the individual may be returned to prison to serve the remainder of their sentence. The aim of parole is to help reintegrate an inmate into society under close supervision to reduce the risk of reoffending.

In contrast, sentence commutation is a modification of an inmate's sentence that reduces its length or changes its conditions, effectively shortening the time they would otherwise serve. Unlike parole, commutation is not a supervised release; rather, it is a formal adjustment to the sentence itself. The process begins with an application to the Oklahoma Pardon and Parole Board, which reviews the case and may recommend commutation to the governor, who holds the final authority to approve or deny it. Commutation may be granted for various reasons, such as evidence of rehabilitation, a terminal illness, or an assessment that the original sentence was disproportionately harsh compared to current standards. Unlike parole, commutation does not involve conditions upon release, as it permanently alters the sentence without requiring further supervision.

The key difference between these processes lies in their purpose and the nature of release they offer. Parole serves as a conditional release with mandatory supervision, intended to monitor and guide the inmate's reintegration into society. Commutation, however, is a one-time reduction of the sentence itself, aimed at providing relief for reasons of justice or mercy without any supervisory conditions upon release. Furthermore, while parole decisions may be made primarily by the Pardon and Parole Board and Department of Corrections, sentence commutations always require final approval from the governor, following a recommendation from the board. Understanding these differences is essential, as each option offers a unique approach to modifying the time an inmate may spend in prison within Oklahoma's criminal justice system.

History of Sentence Commutation in Oklahoma

Oklahoma has a unique and evolving history with sentence commutation, rooted in efforts to reform the state’s criminal justice system and address high incarceration rates. For many years, Oklahoma held one of the highest incarceration rates in the U.S., which raised significant concerns about prison overcrowding and the fairness of sentencing, especially for non-violent offenders. To tackle these issues, Oklahoma’s leaders have made commutation a central tool in reforming the state’s approach to criminal justice.

A major milestone in Oklahoma’s reform journey came in 2016, when voters overwhelmingly passed State Question 780. This legislation reclassified simple drug possession and certain minor property crimes from felonies to misdemeanors, effectively reducing the severity of sentencing for these offenses. This change opened the door for individuals serving long sentences under these now-downgraded charges to seek commutations, as their punishments were harsher than what current laws would dictate.

One of the most impactful moments in this process happened in November 2019, when Oklahoma set a national record with the largest single-day commutation in U.S. history. Under the administration of Governor Kevin Stitt, the Oklahoma Pardon and Parole Board recommended commutations for 527 individuals, leading to the release of over 450 non-violent offenders. Most of these individuals had been convicted of low-level drug or property crimes, and their early release underscored the state’s commitment to criminal justice reform. This historic move commuted a total of 1,931 years of sentences, allowing these individuals to rejoin their communities and begin rebuilding their lives.

Since this large-scale commutation in 2019, Oklahoma has expanded its approach to include certain violent offenders. Under Governor Stitt's administration, a notable number of violent offenders who have served a substantial part of their sentence and demonstrated good behavior and rehabilitation have also had their sentences commuted. This change reflects a shift toward a more individualized approach to commutation, where each case is assessed based on behavior, rehabilitation efforts, and the specific details of the crime. In each case, the Pardon and Parole Board reviews the eligibility of the individual and then forwards its recommendation to the governor, who has the authority to grant or deny commutation.

Governor Stitt’s administration has also streamlined the commutation process, establishing more defined eligibility criteria to ensure that those who have demonstrated meaningful change are given a second chance. Today, sentence commutations in Oklahoma offer a viable path for both non-violent and, in select cases, violent offenders, providing an opportunity for early release when rehabilitation and good conduct are evident.

While commutation remains a selective process, it now plays a vital role in Oklahoma’s criminal justice reform, balancing the need for public safety with the opportunity for redemption and reintegration. Governor Stitt and state officials have emphasized the importance of giving individuals resources and support upon release, such as providing identification cards to help secure employment and housing. Oklahoma’s approach to commutation demonstrates a commitment to meaningful reform, offering individuals the chance to rebuild their lives within their communities.

Requirements for seeking commutation in Oklahoma

Oklahoma statute 57 OK Stat § 57-332.2 describes the requirements for seeking commutation. Any person incarcerated in an Oklahoma penal institution may apply for commutation. Under new policies set by the parole board in 2024, prisoners may seek commutation every three years. However, if the prisoner is denied commutation twice, the parole board will then vote to decide whether the prisoner has to wait five years before reapplying. Also, under the new requirements, the prisoner must have served at least five-years of his or her sentence before applying. If the prisoner is serving less than a five-year sentence, then one-third of the sentence must be served before applying.

What is the process?

The process begins by submitting an Application for Commutation to the Oklahoma Pardon amd Parole Board. Every application is carefully screened to ensure that accurate information is provided. Each question must be answered correctly. For example, if the inmate does not provide a complete misconduct history, or prior criminal history, the application will be returned. After screening, the application is placed on the next available commutation docket. Commutation dockets and results are published on the parords website for viewing by the public.

Commutation in Oklahoma is a two-stage process. A majority of vote is needed to pass the inmate to the second stage. At the second stage an actual hearing is held and the inmate usually appears by video conference. The inmate may have two delegates attend the second stage hearing, but only one may speak. Victims or victim's family members are notified and may also attend and speak at the hearing. If a favorable recommendation is given by the board members, the application is then sent to the governor for his approval.

Do I need a lawyer to file for commutation in Oklahoma?

While Oklahoma inmates can apply for commutation without an attorney, NPCS strongly recommends seeking the assistance of an experienced commutation attorney. Having legal representation can significantly improve an applicant’s chances of success. Parole board members often place greater trust in attorneys, who, as officers of the court, are expected to present accurate and well-prepared information. Additionally, legal arguments made by attorneys tend to carry more weight, particularly because many parole board members are former attorneys or legal professionals. At NPCS, we highly recommend Oklahoma commutation attorney Garet Holland, a seasoned professional in Oklahoma’s parole and commutation process. He can be reached at 405-437-6523

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