LL&D Law
The Governor's Role in Pardon and Parole

by Susan B. Loving
7/12/2011 11:17:00 AM

 

     Oklahoma is the only state requiring the Governor’s approval for every parole granted. While legislators have made several proposals to change this, thus far none has been successful. One difficulty comes from the fact a constitutional amendment is required to change the law.
 
     Many people believe the Governor should not be involved at all in the parole process. Others believe the Governor’s role should remain the same, or be limited to approving parole for offenders convicted of certain violent offenses. To understand the reasoning behind various positions, it is important to be familiar with how the parole process works.
 
     Before the Governor may grant a parole, at least three members of the Pardon and Parole Board must recommend the offender for parole. The Board is made up for five members. Three are appointed by the Governor; one by the Chief Justice of the Oklahoma Supreme Court; and one by the Chief Judge of the Oklahoma Court of Criminal Appeals. Members serve four year terms.
 
     The Board’s process for considering paroles is very detailed. When an offender becomes eligible for parole consideration, an investigator prepares a report on the offender describing the district attorney’s version of the crime, if available; any prior convictions, arrests, and juvenile records; any mental health and substance abuse history; the offender’s conduct in prison, and prison work evaluations; the offender’s educational level and job skills; and plan for housing and employment, if paroled. The report describes educational, substance abuse, and other programs the offender has taken in prison.
 
     Each month, Board members study these reports, which total hundreds of pages, then meet for two or three days to consider the offenders up for parole that month. Some, but not all offenders being considered will be interviewed by the Board, at the meeting. Family members, future employers, ministers, and others who support parole may also speak.
 
     In addition, district attorneys may appear or write the Board to protest (and sometimes to support) parole. Victims and other persons who request notice a particular offender is being considered for parole may also write or appear. All in all, each month the Board will receive hundreds of letters in support or in protest of offenders being considered.

 



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