Can anyone answer this question definitively? Below is State - TopicsExpress



          

Can anyone answer this question definitively? Below is State Question 762, which removed the governor from the parole process in certain nonviolent offenses, and was passed by Oklahoma voters. So...in the first sentence, it uses the phrase removing the Governor from the parole process for persons convicted of certain offenses defined as nonviolent offenses, which sounds broad and seems to include anyone in the process, including both paroles and commutations, such as Life Without Parole. In the second sentence, it says authorizing that Board, in place of the Governor, to grant parole to persons convicted of certain offenses defined as nonviolent offenses, which sounds narrower and only applicable to actual paroles (excluding commutationa, which the governor would have to still sign off on). it seems a little ambiguous to me. DOES THE GOVERNOR FOR SURE STILL HAVE TO SIGN OFF ON COMMUTATIONS OF NONVIOLENT LWOP OFFENSES? Thanks, Mark Faulk This measure amends Section 10 of Article 6 of the Oklahoma Constitution. It changes current law, decreasing the power and authority of the Governor by removing the Governor from the parole process for persons convicted of certain offenses defined as nonviolent offenses. It enlarges the power and authority of the Pardon and Parole Board by authorizing that Board, in place of the Governor, to grant parole to persons convicted of certain offenses defined as nonviolent offenses. The Legislature defines what offenses are nonviolent offenses and the Legislature may change that definition. The measure authorizes the Pardon and Parole Board to recommend to the Governor, but not to itself grant, parole for persons convicted of certain offenses, specifically those offenses identified by law as crimes for which persons are required to serve not less than eighty-five percent of their sentence prior to being considered for parole and those designated by the Legislature as exceptions to nonviolent offenses. For those offenses for which persons are required to serve a minimum mandatory period of confinement prior to being eligible to be considered for parole, the Pardon and Parole Board may not recommend parole until that period of confinement has been served. Shall the proposal be approved? For the proposal - Yes Against the proposal - No
Posted on: Fri, 03 Oct 2014 04:40:01 +0000

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