STATE OF OKLAHOMA

2nd Session of the 54th Legislature (2014)

SENATE BILL 2103	By:	Johnson (Constance)

AS INTRODUCED

An Act relating to sentencing; creating the Oklahoma Sentencing Guidelines Act; providing short title; stating certain guidelines be followed by certain date; specifying sentencing guidelines for nondrug crimes; providing discretion for courts to sentence within certain range for certain crimes; requiring certain declaration by a court; allowing certain sentencing options by a court; providing sentencing guidelines for certain drug related crimes; allowing certain discretion by a court; providing sentencing guidelines for second and subsequent offenses; allowing for certain time served reduction; providing for codification; providing for noncodification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law not to be codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the “Oklahoma Sentencing Guidelines Act”.
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 161 of Title 21, unless there is created a duplication in numbering, reads as follows:
Notwithstanding any other provision of law and for convictions occurring on or after the effective date of this act, sentencing guidelines and prosecuting standards pursuant to the Oklahoma Sentencing Guidelines Act shall be followed.
SECTION 3.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 162 of Title 21, unless there is created a duplication in numbering, reads as follows:
A.  For purposes of sentencing, the following sentencing guidelines grid for nondrug crimes shall be applied in felony cases for crimes committed on or after July 1, 1993.
B.  The provisions of this section shall be applicable to the sentencing guidelines grid for nondrug crimes.  Sentences expressed in such grid represent months of imprisonment.
C.  The sentencing guidelines grid is a two-dimensional crime severity and criminal history classification tool.  The grid's vertical axis is the crime severity scale which classifies current crimes of conviction.  The grid's horizontal axis is the criminal history scale which classifies criminal histories.
D.  The sentencing guidelines grid for nondrug crimes as provided in this section defines presumptive punishments for felony convictions, subject to judicial discretion to deviate for substantial and compelling reasons and impose a different sentence in recognition of aggravating and mitigating factors as provided in the Oklahoma Sentencing Guidelines Act.  The appropriate punishment for a felony conviction should depend on the severity of the crime of conviction when compared to all other crimes and the offender's criminal history.
E.  1.  The sentencing court has discretion to sentence at any place within the sentencing range.  The sentencing judge shall select the center of the range in the usual case and reserve the upper and lower limits for aggravating and mitigating factors insufficient to warrant a departure.
2.  In presumptive imprisonment cases, the sentencing court shall pronounce the complete sentence which shall include the prison sentence, the maximum potential reduction to such sentence as a result of good time and the period of post-release supervision at the sentencing hearing.  Failure to pronounce the period of post-release supervision shall not negate the existence of such period of post-release supervision.
3.  In presumptive nonprison cases, the sentencing court shall pronounce the prison sentence as well as the duration of the nonprison sanction at the sentencing hearing.
F.  Each grid block states the presumptive sentencing range for an offender whose crime of conviction and criminal history place such offender in that grid block.  If an offense is classified in a grid block below the dispositional line, the presumptive disposition shall be nonimprisonment.  If an offense is classified in a grid block above the dispositional line, the presumptive disposition shall be imprisonment.  If an offense is classified in grid blocks 5-H, 5-I or 6-G, the court may impose an optional nonprison sentence upon making the following findings on the record:
1.  An appropriate treatment program exists which is likely to be more effective than the presumptive prison term in reducing the risk of offender recidivism; and
2.  The recommended treatment program is available and the offender can be admitted to such program within a reasonable period of time; or
3.  The nonprison sanction will serve community safety interests by promoting offender reformation.
Any decision made by the court regarding the imposition of an optional nonprison sentence if the offense is classified in grid blocks 5-H, 5-I or 6-G shall not be considered a departure and shall not be subject to appeal.
G.  The sentence for the violation of aggravated assault against a law enforcement officer or aggravated battery against a law enforcement officer which places the defendant's sentence in grid block 6-H or 6-I shall be presumed imprisonment.  The court may impose an optional nonprison sentence upon making a finding on the record that the nonprison sanction will serve community safety interests by promoting offender reformation.  Any decision made by the court regarding the imposition of the optional nonprison sentence, if the offense is classified in grid block 6-H or 6-I, shall not be considered departure and shall not be subject to appeal.
H.  When a firearm is used to commit any felony, the offender's sentence shall be presumed imprisonment.  The court may impose an optional nonprison sentence upon making a finding on the record that the nonprison sanction will serve community safety interests by promoting offender reformation.  Any decision made by the court regarding the imposition of the optional nonprison sentence shall not be considered a departure and shall not be subject to appeal.
I.  The sentence for any sex offender whose current convicted crime carries a presumptive term of imprisonment shall be double the maximum duration of the presumptive imprisonment term.  The sentence for any sex offender whose current conviction carries a presumptive nonprison term shall be presumed imprisonment and shall be double the maximum duration of the presumptive imprisonment term.
J.  If it is shown at sentencing that the offender committed any felony violation for the benefit of, at the direction of or in association with any criminal street gang, with the specific intent to promote, further or assist in any criminal conduct by gang members, the offender's sentence shall be presumed imprisonment.  Any decision made by the court regarding the imposition of the optional nonprison sentence shall not be considered a departure and shall not be subject to appeal.  As used in this subsection, "criminal street gang" means any organization, association or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more person felonies or felony violations of the Uniform Controlled Dangerous Substances Act, which has a common name or common identifying sign or symbol, whose members, individually or collectively engage in or have engaged in the commission, attempted commission, conspiracy to commit or solicitation of two or more person felonies or felony violations of the Uniform Controlled Dangerous Substances Act, or any substantially similar offense from another jurisdiction.
SECTION 4.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 163 of Title 21, unless there is created a duplication in numbering, reads as follows:
A.  For the purpose of sentencing, the following sentencing guidelines grid for drug crimes shall be applied in felony cases under the Uniform Controlled Dangerous Substances Act for crimes committed on or after July 1, 1993.
B.  The provisions of subsection A of this section will apply for the purpose of sentencing violations of the Uniform Controlled Dangerous Substances Act except as otherwise provided by law.  Sentences expressed in the sentencing guidelines grid for drug crimes in subsection A of this section represent months of imprisonment.
C.  1.  The sentencing court has discretion to sentence at any place within the sentencing range.  The sentencing judge shall select the center of the range in the usual case and reserve the upper and lower limits for aggravating and mitigating factors insufficient to warrant a departure.  The sentencing court shall not distinguish between the controlled substances cocaine base (9041L000) and cocaine hydrochloride (9041L005) when sentencing within the sentencing range of the grid block.
2.  In presumptive imprisonment cases, the sentencing court shall pronounce the complete sentence which shall include the prison sentence, the maximum potential reduction to such sentence as a result of good time and the period of post-release supervision at the sentencing hearing.  Failure to pronounce the period of post-release supervision shall not negate the existence of such period of post-release supervision.
3.  In presumptive nonprison cases, the sentencing court shall pronounce the prison sentence as well as the duration of the nonprison sanction at the sentencing hearing.
D.  Each grid block states the presumptive sentencing range for an offender whose crime of conviction and criminal history place such offender in that grid block.  If an offense is classified in a grid block below the dispositional line, the presumptive disposition shall be nonimprisonment.  If an offense is classified in a grid block above the dispositional line, the presumptive disposition shall be imprisonment.  If an offense is classified in grid blocks 3-E, 3-F, 3-G, 3-H or 3-I, the court may impose an optional nonprison sentence upon making the following findings on the record:
1.  An appropriate treatment program exists which is likely to be more effective than the presumptive prison term in reducing the risk of offender recidivism; and
2.  The recommended treatment program is available and the offender can be admitted to such program within a reasonable period of time; or
3.  The nonprison sanction will serve community safety interests by promoting offender reformation.
Any decision made by the court regarding the imposition of an optional nonprison sentence if the offense is classified in grid blocks 3-E, 3-F, 3-G, 3-H or 3-I shall not be considered a departure and shall not be subject to appeal.
E.  The sentence for a second or subsequent conviction for the manufacture of any controlled substance or controlled substance analog shall be a presumptive term of imprisonment of two (2) times the maximum duration of the presumptive term of imprisonment.  The court may impose an optional reduction in such sentence of not to exceed fifty percent (50%) of the mandatory increase provided by this subsection upon making a finding on the record one or more of the mitigating factors to justify such a reduction in sentence.  Any decision made by the court regarding the reduction in such sentence shall not be considered a departure and shall not be subject to appeal.
F.  The sentence for a third or subsequent felony conviction shall be a presumptive term of imprisonment and the defendant shall be sentenced to prison as provided by this section, if the defendant has previously completed a certified drug abuse treatment program or has been discharged or refused to participate in a certified drug abuse treatment program.  Such sentence shall not be considered a departure and shall not be subject to appeal.
SECTION 5.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 164 of Title 21, unless there is created a duplication in numbering, reads as follows:
A.  For crimes committed on or after July 1, 1993, the sentences of imprisonment shall represent the time a person shall actually serve, subject to a reduction of up to fifteen percent (15%) of the primary sentence for good time as authorized by law.
B.  The sentencing court shall pronounce sentences in all felony cases.
SECTION 6.  This act shall become effective November 1, 2014.

54-2-2944	MD	1/16/2014 7:22:06 PM