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August 18, 2012

Governor recommends changes at Okla. Parole Board

By TIM TALLEY Associated Press

OKLAHOMA CITY — Gov. Mary Fallin’s office has asked the state Pardon and Parole Board to change some of its policies and practices following a prosecutor’s accusation that it conducts a secret parole docket in violation of the Open Meeting Act, according to a letter to the board made public Thursday.

The letter from Fallin’s general counsel, Steve Mullins, states the recommendations were outlined for board officials during a meeting with the governor’s staff on Monday and are intended to address “recent public concern regarding openness and transparency at the Pardon and Parole Board meetings.”

“We do believe the board’s policies and practices can be improved and simplified for the public,” the letter states.

It was sent to Executive Director Terry Jenks and Chairwoman Lynnell Harkins on Wednesday, one week after Oklahoma County District Attorney David Prater accused the board of violating the state’s Open Meeting Act by operating a secret parole docket and granting early parole to inmates, including some who were not eligible for early release.

Prater accused the board of providing no public notice it would consider early parole for inmates under vaguely worded items on the agendas of its meetings. Prater also said some inmates considered for early release were convicted of crimes that require them to serve 85 percent of their sentences before they are eligible for parole under state statute.

Mullins’ letter to the board says Fallin’s office supports the board’s belief that it has the constitutional authority to recommend commutations on all criminal offenses including death sentences, life in prison without parole and so-called 85-percent crimes.

According to the letter, Fallin’s office maintains any alleged failure by the board to comply with the Open Meeting Act “was inadvertent and not willful.”

Jenks was at a meeting of the board Thursday and was unavailable for comment. Prater did not immediately return a phone call seeking comment.

The board has asked Attorney General Scott Pruitt’s office for a legal opinion on whether it has the authority to commute offenders who are required by law to serve 85 percent of their sentences as well as those who are not. At Fallin’s request, the board has placed a moratorium on early release considerations until the legal issues are resolved.

Among the governor’s recommendations are that the board create a separate commutation docket for all cases being considered and clarify the board’s commutation and parole process for the public.

“This includes updating information on the board’s website to explain early review and instances when a commutation might occur, clarifying early release language on the board’s agenda and ensuring that terminology on the website is clear and consistent,” the letter states.

The letter suggests that the board add a statement on its website reminding prosecutors and members of victims’ and offenders’ families they are responsible for presenting protest or support information to the governor’s office if the board recommends commutation of a sentence.

The Oklahoma Constitution requires the governor to sign off on any parole recommendation by the board, but a proposed constitutional amendment that voters will decide in November would authorize the board to grant parole for nonviolent offenders.

Mullins’ letter also suggests that investigative reports on candidates for commutation be accurate and complete and include information about previous criminal history and misconduct as well as any pre-sentence investigations.

 

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