Oklahoma County CJAC Quarterly Report - January 2021

Oklahoma County CJAC Quarterly Report - January 2021

Oklahoma County Criminal Justice Advisory Council Quarterly Report To Interlocal Partners

For The Second Quarter Of FY 2021

January 2021

Timothy Tardibono, MA, JD Executive Director

405.290.7060 [email protected]

BACKGROUND: In response to the growing concerns about chronic overcrowding in Oklahoma County’s jail facility, the Greater Oklahoma City Chamber announced the creation of a special task force to evaluate Oklahoma County’s criminal justice system in December 2015. With collaboration and input from a diverse group of community members, the Chamber contracted with the Vera Institute of Justice to complete an initial analysis and make recommendations for reform of the Oklahoma County criminal justice system. Vera released their recommendations in December 2016. As a central recommendation of the report, an inter- local agreement between Oklahoma County, the City of Oklahoma City, the City of Edmond, and the City of Midwest City created the Oklahoma County Criminal Justice Advisory Council (CJAC) in November 2017. The Advisory Council continued to evolve with the hiring of a full-time Executive Director in February 2018 to provide support to the CJAC’s efforts. The creation of this permanent oversight body is key to implementing the proposed criminal justice reforms which can be summarized in these six key recommendations: 1. Create oversight and accountability mechanisms for the local justice system. 2. Reduce jail admissions for municipal violations and low-level misdemeanors. 3. Create a fair and efficient pretrial release process that safely reduces unnecessary pretrial incarceration. 4. Identify and address district court case processing delays that increase jail admissions and length of stay. 5. Expand meaningful diversion program options, focusing on those with mental illness and substance abuse disorders.

MEMBERS OF THE OKLAHOMA COUNTY CRIMINAL JUSTICE ADVISORY COUNCIL Clay Bennett, Chairperson, OKC Thunder Tony Tyler, Vice-Chairperson, Tyler Media MEMBERS: Sue Ann Arnall, Arnall Family Foundation Kevin Calvey, Commissioner Board of Oklahoma County Commissioners Craig Freeman, City Manager of Oklahoma City Wade Gourley, Chief of Police of Oklahoma City Judge Philippa James, Presiding Judge of Oklahoma City Municipal Court Tommie Johnson III, Sheriff of Oklahoma County Tim Lyon, City Manager of Midwest City Rev. Theodis Manning, Senior Pastor, Divine Wisdom Worship Center David Prater, District Attorney of Oklahoma County Judge Ray Elliott, Presiding Judge of the Oklahoma County District Court Robert Ravitz, Oklahoma County Public Defender Larry Stevens, City Manager of Edmond Dan Straughan, Executive Director, The Homeless Alliance LaShawn Thompson, Court Administrator of Oklahoma City Rick Warren, Court Clerk of Oklahoma County Carrie Slatton-Hodges, Commissioner of the Oklahoma Department of Mental Health and Substance Abuse Services Roy Williams, President of the Greater Oklahoma City Chamber Frances Kersey, Secretary, City Clerk for Oklahoma City Cole Marshall, General Counsel, McAfee & Taft

6. Reduce the impact of justice system fines and fees as a driver of jail growth and recidivism.

Although each of the six recommendations carry numerous challenges and barriers to improvement, the good news is that because of the cooperative effort of the Advisory Council’s stakeholders, progress continues to be made on each of the six recommendations.

2

COVID-19 CASES IN JAIL DROP DRAMATICALLY AT END OF 2020

The COVID-19 pandemic disrupted justice systems all over the country and Oklahoma County was no different. When the OK County Criminal Justice Authority (hereafter Trust Authority) took over operations of the OK County Detention Center (OCDC aka jail) in July 2020, COVID testing expanded significantly. With expanded testing, the Trust Authority discovered numerous new cases at the OCDC. Detention and correctional facilities are one of the epicenters of the COVID outbreak both in Oklahoma and nationally. In August 2020, COVID cases peaked at 215. However, as the chart below shows, through the partnership of OCDC administrators and the Detention Center’s medical provider Turn Key Health, the COVID count has dropped dramatically to only single digits at the end of 2020 with an average of 1,022 tests per month being administered. Of the 5,111 total tests administered since August, 344 of them were positive, a rate of 7%.

• All symptomatic detainees • Cell partners to any confirmed positive detainee

For Detention Center staff, testing protocols require testing of symptomatic staff, exposure testing and at the request of staff that wish to have one at any time. As the COVID outbreak continues to aggressively spread in correctional facilities statewide and nationwide, the OCDC and Turn Key administrators should be commended for their significant progress while being encouraged to stay vigilant against future spread. COVID Testing Since August, Oklahoma County Jail

344

COVID Testing Since August, Oklahoma County Jail COVID Testin Since August, Oklahoma County Jail

344

344

Current testing protocols require testing of detainees in the following circumstances:

4767

• All detainees prior to court appearance • All detainees being transferred to DOC • Detainees being transferred to another agency

4767

COVID-Negative COVID-Positive

COVID-Negative COVID-Positive

COVID Testing, Oklahoma County Jail

4767

1000 1200 1400

1188

1148

1067

954

COVID-Negative COVID-Positive

1088

754

1048

0 200 400 600 800

945

933

753

215

100

19

9

1

August

September

October

November

December

COVID-Negative

COVID-Positive

Total Tests

3

DELAY IN DOC TRANSFERS KEEPS JAIL POPULATION ABOVE FY 20 AVERAGE

One of the regular OK County Detention Center (OCDC) functions that COVID has interrupted is the transfer of detainees from the OCDC that have received their final sentence either through trial or plea agreement. On a weekly basis anywhere from 25 to as many as 50 detainees leave the OCDC and go to the Lexington Assessment & Reception Center for their initial OK Dept. of Corrections (DOC) reception processing. Due to COVID, that regular weekly process has sometimes halted altogether or alternatively, been severely limited each month. This interruption has noticeably raised the daily jail population at OCDC. For Fiscal Year 2020 (FY20), the total jail population average was 1,624, down from 1,663 for most of FY19. The trend for monthly average jail population for FY21 has been above both those FY19 and FY20 yearly averages

ranging from a low of 1,732 to a high of 1,840 per month. However, for both the first and second quarters of FY20, the jail population awaiting transfer to DOC has been well above average ranging as high as 453 in July, just as the Trust Authority was taking control of the Detention Center, to a low of 172 in September. Throughout the second quarter, the DOC count awaiting transfer out of the jail has been over 250. Comparatively, the jail population in 2006 was over 1,000 persons greater on December 31 with a total population of 2,781. Although the interruption in the DOC transfer schedule has increased the jail population, the underlying jail population numbers continue to be in line with FY19 and FY20 averages. If not for the delays in DOC transfers, the FY21 monthly averages would be at or below the FY19 and FY20 averages, which is an encouraging sign that despite COVID, progress to safely reduce the jail population continues.

Oklahoma County Jail Total Population

3000

2781

2500

2000

1833

1805

1741

1737

1732

1624

1500

1000

500

0

Dec. 31, 2006 FY 20 1 Yr. Avg Aug. 2020 Avg.

Sept. 2020 Avg.

Oct. 2020 Avg.

Nov. 2020 Avg.

Dec. 2020 Avg.

4

Oklahoma County Jail Totals

2500

Oklahoma County Jail Tota

2049

2000

1907

2500

1582

1575

1570

1563

1551

1544

1536

1529

1468

1461

1500

1388

1380

2049

2000

1907

1000

732

453

500

1575

15

1563

1551

1544

1529

270

269

251

1461

1500

182

172

142

1388

1380

8

7

7

7

7

7

0

County only

Municipal Only

Combined County + Municipal

DOC only

Dec. 31, 2006

July 2020 Avg.

Aug. 2020 Avg.

Sept. 2020 Avg.

Oct. 2020 Avg.

Nov. 2020 Avg

Dec. 2020 Avg

1000

500

142

8

7

7

7

7

7

0

County only

Municipal Only

Combined Cou Oct. 2020 Avg.

Dec. 31, 2006

July 2020 Avg.

Aug. 2020 Avg.

Sept. 2020 Avg.

Oklahoma County Jail Totals

Oklahoma County Jail Tota

2500

Oklahoma County Jail Totals

2049

2049

2000

1907

2049

1582

1575

1570

15

1563

1551

1551

1544

1536

1529

1468

1461

1500

1388

1388

1380

1582

1575

1570

1563

1551

4

1536

1529

1468

1461

1388

1000

732

453

732

500

270

269

251

182

172

453

142

8

7

7

7

7

7

7

7

7

7

7

0

182

172

142

Municipal Only

County only Combined County + Municipal

Municipal Only DOC only

Combined Cou Oct. 2020 Avg.

8

7

7

7

7

7

Aug. 2020 Avg.

Sept. 2020 Avg.

Oct. 2020 Avg.

Dec. 31, 2006 Nov. 2020 Avg

July 2020 Avg. Dec.

Aug. 2020 Avg.

Sept. 2020 Avg.

County only

Municipal Only

Combined County + Municipal

DOC

Dec. 31, 2006

July 2020 Avg.

Aug. 2020 Avg.

Sept. 2020 Avg.

Oct. 2020 Avg.

Nov. 2020 Avg

Dec. 2020 Avg

5

OKC MUNICIPAL COURT’S PENALTY REDUCTION PROGRAM COLLECTS OLD FINES, KEEPING PEOPLE OUT OF JAIL

The OKC Municipal Court continues to offer residents the opportunity to clear up old tickets and related warrants through its Penalty Reduction Program (PRP). The goals of the PRP are to: • Clear Outstanding Warrants • Encourage Compliance • Reinstate Driving Privileges with the Oklahoma Department of Public Safety The PRP program was created in July 2019 but due to COVID, the program was extended through the end of 2020. The PRP applies to anyone with a warrant for an unpaid ticket for a class-A offense dated before July 1, 2017. Eligible participants can reduce their costs to a similar cost had they paid the ticket on time. In highlighting the program, OKC Municipal Court Administrator and CJAC member LaShawn Thompson explained: “Overdue tickets this old prevent people from reinstating their driving privileges with the Oklahoma Department of Public Safety, and there’s also an active warrant. So beyond encouraging compliance with enforcement of our PENALTY REDUCTION PROGRAM

ordinances, this makes sure an old speeding ticket isn’t the reason someone has trouble getting to work or to school. People can close the case and it won’t be hanging over their head anymore.” According to the chart below, a participant in the PRP program could save as much as 65% and almost $300, not to mention avoiding time in jail. As with any case, the OKC Municipal Court can work with people who experience financial difficulties. Residents can request a hearing for a judge to determine their ability to pay. Judges have discretion to waive or reduce fines, costs and fees for people who can’t afford them. The PRP has shown great success through the end of 2020 with 2,323 cases closed bringing in a total of $356,486 in uncollected fees. Related to those closed cases, over 800 cases that were in “Failure to Appear” for Court status, which could’ve resulted in jail time, were also closed. Because of the success, the OKC City council has extended the PRP program through June 30, 2021 giving residents more time to clear up their overdue obligations and avoid jail time.

continued on page 8

Example

Speeding 1-10 MPH

Case in Warrant Status Penalty Reduction Program

Fine Assessment

$250

$15 $77 $10 $10 $10

Court Costs

$77 $10 $10 $10 $10 $20 $33

AFIS

CLEET

Forensic

Mailing Fee Warrant Fee

-0- -0-

Collection Agency Fee

$33

Total

$420

$155

6

2020 ELECTION IMPACTS CJAC MEMBERS

A majority of the members that make up the CJAC are determined based solely on their elective or appointed office. For example, the presiding judge of the OK County District Court can change from year to year. As such, CJAC has already had three different OK County district judges serve on CJAC. Thus, CJAC membership tends to have a fair amount of turnover. Elections also impact CJAC members as occurred with the November 2018 election and the 2020 election. In a historic turn of events, OK County voters elected the first African-American sheriff, Tommie Johnson III. Sheriff Johnson’s term started in January 2021 and he will be making his first appearance as a CJAC Member at the January 2021 meeting. During his campaign, Sheriff Johnson told a news reporter from The Frontier a story of what motivated his interest in running. As a young police officer in Norman, Johnson “made a routine traffic stop of a woman who had a warrant for an unpaid ticket. He arrested her, impounded her car and took her to post bond. ‘By the book, I was a good cop that day, I did my job,” Johnson said. “But I didn’t feel like a good cop that day.’ Johnson hadn’t removed a violent criminal from the streets or made someone’s life better. He became a police officer to help others but that mission didn’t feel accomplished. ‘I just kept thinking that the old way is flawed,’ Johnson said. Years later, Johnson [ran] for Oklahoma County sheriff, seeking to rethink some of the tenets of the criminal justice system and modernize an agency with new levels of transparency and investment.” Outfitting deputies with body worn cameras is important to Johnson and he wants to increase positive community relationships. He said, “The top priority for the Oklahoma County sheriff is to get body cams. The ability to have evidence that is directly reflective of everything that happens on scene is of the utmost importance. I will do the best job I can do to represent this agency to build a relationship — a better relationship — with the public that we serve and to lead this office to heights it’s never seen.”

• Safer Communities – “We will work hard to ensure safer communities, putting the rights of law abiding citizens at the forefront of everything we do,” Johnson said. “We especially want to have a strong presence in the rural areas where we have primary jurisdiction.” • Fiscal Responsibility –“It’s critical that the new sheriff leads with a clear commitment to fiscal responsibility. The office must be more responsible, more mindful of what it spends and save money each and every place that we can.” • Partnerships – “There are many stakeholders when it comes to county law enforcement and our jail. We must work with better communication and collaboration between citizens, county commissioners/ county officers, and municipal law enforcement.” • Progress – “The Sheriff’s office has an important role to play with other leaders to move our community forward. We can’t keep operating like it’s the 1980’s, 90’s or even early 2000’s. We need a fresh approach for today’s challenges, and that’s what I’ll bring.”

Johnson said he is committed to a new approach that ensures trust and competency, focusing on four key themes:

continued on page 8

7

2020 ELECTION, CONT’D CJAC welcomes Sheriff Johnson and looks forward to working with him. In other 2020 election news, CJAC Member Court Clerk Rick Warren won re-election to a new four-year term. As with the Sheriff, by virtue of his election victory, Court Clerk Warren will continue to serve on the CJAC. Warren has been an active member, participating on all four subcommittees. Warren led his staff to be deeply involved in numerous CJAC efforts related to court processes and judicial issues. CJAC congratulates Warren on his re- election and looks forward to his office continuing to foster and lead improvements.

PRP, CONT’D One of the critical concerns highlighted in the Vera Institute Report was the concern that too many people were in the OK County Detention Center for municipal violations including old unpaid tickets that lead to arrest warrants. (See recommendation 2 of 6: Reduce jail admissions for municipal violations and low level misdemeanors.) The three CJAC municipal interlocal government partners— OKC, Edmond and Midwest City—have all worked to reduce the number of their residents in the OK County Detention Center for municipal offenses. The OKC Municipal Court’s Penalty Reduction Program is just another example of the CJAC municipal partners innovating toward a fairer and more effective justice system in OK County.

CONCLUSION As COVID-19 continues to impact all areas of our society, including detention and diversion, the OK County justice system will continue to be interrupted. However, the fundamentals underlying the >Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8

www.okcchamber.com

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