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| Okla. Senate Votes for Inmate Release Bill |
| By The Oklahoman |
| Published: 03/24/2003 |
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State senators voted 30-18 March 11 to restore a controversial law that would reduce prison crowding by letting some inmates out at least 60 days early. Called the prison cap law, the measure was repealed by the Legislature in 2001. It was designed years ago to alleviate prison problems when the prison population got too large. Oklahoma's prison system was under federal court jurisdiction for several years after the 1973 riot, which heavily damaged the state penitentiary at McAlester. In ensuing years, the state built more prisons and then began contracting with private prisons during the administration of Gov. Frank Keating, who opposed the cap law. Sen. J.R. 'Dick' Wilkerson, author of the measure, said it is a stopgap measure 'that can keep us out of court.' Under Senate Bill 792, the Corrections Department would request the governor to declare a state of emergency when the prison population exceeds 95 percent of the total number of state-owned prison bed space for 30 consecutive days. If a state of emergency was declared, nonviolent inmates would get 60 days cut off their sentences. Usually, this results in some inmates being released early because they were 60 or fewer days away from being released. Sen. Mike Fair, R-Oklahoma City, a longtime opponent of the cap law, said from the time the cap law was passed originally, 'we saw a group of people released who shouldn't have been.' He said no one has lobbied him to let any inmates out early. Fair said he defeated a Republican senator who had authored the original cap law. Wilkerson said only nonviolent inmates would be released. 'Remember, if Oklahoma incarcerated at the national average, we'd have another $138 million,' Wilkerson said. |

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