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OFFICE OF ATTORNEY GENERAL
STATE OF OKLAHOMA
ATTORNEY GENERAL OPINION
2012-17
Executive Director Terry Jenks
Oklahoma Pardon & Parole Board
First National Center
120 North Robinson, Suite 900 W
Oklahoma City, Oklahoma 73102
Dear Mr. Jenks:
October 10,2012
This office has received your request for an official Attorney General Opinion in which you ask, in
effect, the following question:
Does the Pardon and Parole Board have the authority to recommend, and the
Governor the authority to grant, commutations of the sentences of Oklahoma
inmates sentenced for crimes set forth in 21 0.S.2011, § 13.1 ("85% statute"),
even when the inmates have not yet served 85% of their sentence?
I.
INTRODUCTION
Your question arises out of a recent controversy surrounding commutations granted to Oklahoma
inmates who had been convicted of what are sometimes colloquially referred to as "85% crimes."
Much of that controversy surrounds whether the Pardon and Parole Board violated the Open
Meetings Act when making certain recommendations. This Opinion does not address that issue, nor
does it address whether the commutation power was properly exercised in any particular instance.
It only addresses the broader question of whether the commutation power exists.
313 N.E. 21ST STREET· OKLAHOMA CITY, OK 73105· (405) 521-3921 • FAX: (405) 521-6246
A
\.~ recycled paper
Object Description
Description
| Title | 2012-17 ocr 1 |
| Full text | OFFICE OF ATTORNEY GENERAL STATE OF OKLAHOMA ATTORNEY GENERAL OPINION 2012-17 Executive Director Terry Jenks Oklahoma Pardon & Parole Board First National Center 120 North Robinson, Suite 900 W Oklahoma City, Oklahoma 73102 Dear Mr. Jenks: October 10,2012 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Does the Pardon and Parole Board have the authority to recommend, and the Governor the authority to grant, commutations of the sentences of Oklahoma inmates sentenced for crimes set forth in 21 0.S.2011, § 13.1 ("85% statute"), even when the inmates have not yet served 85% of their sentence? I. INTRODUCTION Your question arises out of a recent controversy surrounding commutations granted to Oklahoma inmates who had been convicted of what are sometimes colloquially referred to as "85% crimes." Much of that controversy surrounds whether the Pardon and Parole Board violated the Open Meetings Act when making certain recommendations. This Opinion does not address that issue, nor does it address whether the commutation power was properly exercised in any particular instance. It only addresses the broader question of whether the commutation power exists. 313 N.E. 21ST STREET· OKLAHOMA CITY, OK 73105· (405) 521-3921 • FAX: (405) 521-6246 A \.~ recycled paper |
| Date created | 2012-10-12 |
| Date modified | 2012-10-12 |
