Measure to change certain drug convictions to felonies passes committee

OKLAHOMA CITY (KFOR) - A measure that would make some drug offenses a felony after a certain number of convictions has passed a Senate committee.

However, some lawmakers say the bill goes against the will of the voters related to criminal justice reform.

In 2016, Oklahoma voters headed to the polls and passed State Question 780 and State Question 781.

State Question 780 reclassifies some criminal offenses, like drug possession and property crimes, to misdemeanors instead of felonies. Supporters say treating drug addiction is much more effective than sending offenders to prison, and say it would save the state millions since half of all people incarcerated in Oklahoma are considered non-violent offenders.

However, critics argued that a person could be convicted multiple times of a misdemeanor and it would never become a felony.

Now, a new measure that was introduced in the Oklahoma Senate would change that.

Senate Bill 108, written by Sen. Micheal Bergstrom, (R-Adair), relates to the Uniform Controlled Dangerous Substances Act.

Under the measure, anyone who is convicted of a drug offense and receives a deferred or suspended sentence and is convicted of a drug crime for a fourth time within 10 years will be convicted of a felony.

As a result, the defendant would face a fine up to $5,000, and at least one year in prison.

Also, the court would order the person to complete a substance abuse assessment and evaluation and may order them to complete a diversion program.

On Thursday, Senate Bill 108 passed out of the Senate Public Safety Committee.

It is now headed to the Senate Appropriations Committee.

Two Democratic senators are now speaking out against the measure, saying that it goes against the will of Oklahoma voters.

“The people of Oklahoma made their will clear when they voted to treat substance use disorders, rather than criminalize them. I’m disappointed that my colleagues chose to ignore the people's will today," said Sen. Michael Brooks, (D-Oklahoma City).

“We know there is no evidence that incarceration prevents or cures substance use disorders. The only thing that does is addressing people’s real needs and offering them treatment. My colleagues voted to hurt Oklahomans today," said Sen. Kevin Matthews, (D-Tulsa).