State Question 805 will be on the Nov. 3 statewide ballot. This question asks voters to change the state Constitution to prohibit the use of prior felony convictions – except for the 52 violent crimes defined in statute as of Jan. 1, 2020 – to increase sentences for those convicted of nonviolent crimes in Oklahoma.

Right now, if someone is a repeat offender in Oklahoma, prosecutors can use testimony of prior offenses to convince judges of the need for longer sentences for these criminals that have not yet learned their lessons. This question would take away that ability from prosecutors and the courts. Someone convicted of a crime – even a crime like driving under the influence or some domestic violence crimes – would be treated as a first-time offender even if they had committed that same crime dozens of times before.

Proponents of this question say this is good criminal justice reform and will help us lower our incarceration rates by keeping these “nonviolent” criminals out of our prisons, saving the state the cost of incarcerating them.

The problem is the category of nonviolent offenses includes drunk driving, many forms of domestic violence – including in the presence of a minor and against a pregnant woman, selling drugs to children, soliciting sex from minors through the use of computers, burglary, abuse of vulnerable adults and many, many more. In addition, this law would work retroactively and mandate the reduction of sentences for the many repeat offenders who currently are in prison in Oklahoma.

This is not about letting a grandmother accused of writing hot checks off the hook or letting someone go who got addicted to opioid painkillers. This is about reducing the sentences of those who have repeatedly committed the same crime and who refuse to learn how to obey our state laws. The president of the Oklahoma District Attorneys Association says this question constitutionally tips the scales of justice in favor of career criminals.

We simply cannot let this happen in Oklahoma. The cost of incarceration might be high, but the price to the safety of our citizens should this question pass would be even higher.

We already show a great deal of leniency in our sentencing in this state. Someone sentenced to 10 years in prison, for example, serves just 2½ years before being eligible for parole. That 25% rule applies for all nonviolent crimes.

By changing the state constitution in this manner, we could only amend this in the future by another vote of the people.

This question is opposed by many groups, including the Oklahoma District Attorneys Association and many other police and sheriffs’ organizations.

I implore you, if you value public safety, vote no on State Question 805.

Rep. Mike Sanders