Our new comprehensive report on Oklahoma's misdemeanor system is live.

Our new report on misdemeanor justice in Oklahoma is live and ready for you to dive in.

Oklahoma has undergone many important criminal justice reforms which have brought the state from number one in incarceration to number three nationally, but many other aspects of the system still require improvement, and misdemeanors are a prime area for reform.

A closer look at Oklahoma’s misdemeanor system reveals an alarming forgotten machine that churns beneath our recognition. Misdemeanors are ubiquitous, with over 470 on the books in Title 21 of the Oklahoma Statutes alone. 

Oklahoma files an average of 53,483 misdemeanor charges per year statewide, and on average, there are 668 people serving jail time in Oklahoma each night on misdemeanor charges.

Misdemeanors are low-level offenses that carry up to a year in county jail. Although some would argue that misdemeanor convictions are usually not as detrimental to a person’s life as a felony conviction, both types of conviction carry almost identical consequences in reality.

While misdemeanors may not seem like a priority in the criminal justice reform landscape, they are important for several reasons: one, because those who commit low-level misdemeanors are at a prime point in their lives to accept and utilize support that can divert them away from further involvement in the justice system; two, because adverse impacts from a misdemeanor conviction can cause someone to go on to become more criminogenic (that is, more likely to engage in criminal behavior) and wind up in prison; and three, because misdemeanor bail practices are beginning to raise constitutional red flags around the country, prompting counties and states to undergo meaningful reform.

Of the more than 470 crimes categorized as misdemeanors under Oklahoma law, more than half employ a catch-all sentencing provision that authorizes a year in jail. This system creates perverse results wherein more severe conduct is sentenced to less time than a minor infraction.

There are three categories of jail time for misdemeanors: those in pretrial detention (meaning they have yet to be arraigned or have yet to enter a plea and cannot afford bail or are not eligible for bail), those awaiting competency restoration for misdemeanors (meaning they are not mentally competent to stand trial or to make a plea), and those serving their sentence after conviction.

Many people would be surprised to learn that people across the state are serving pretrial jail time for low-level, nonviolent misdemeanors such as public intoxication, possession of drug paraphernalia, and driving under suspension. 

Furthermore, misdemeanors are problematic by nature: they are inherently arbitrary and vague crimes mostly used to impose public order and police social issues such as homelessness and drug addiction. Read more by downloading the full report below: