Ten years after Oklahoma voters approved a pair of ballot initiatives to ease prison overcrowding and expand local diversion programs, lawmakers and court officials say there’s still work to do to accomplish the people’s will.
“We’ve not executed fully on State Question 781,” said Rep. Meloyde Blancett, D-Tulsa. “Consequently, we’re seeing a lot of revolving door offenders going through the system but not really getting fully off the path of reoffending.”
Voters saw results within years from State Question 780, which reclassified some property and drug offenses from felonies to misdemeanors. Oklahoma’s prison population dropped nearly 20% from 2016 to 2021, allowing state officials to vacate a private prison in Cushing and close a state-run facility in Fort Supply. Lawmakers made SQ 780 retroactive in 2019, clearing the way for the largest single-day mass commutation in U.S. history.
Progress has been slower for State Question 781, a companion measure to divert the savings from imprisoning fewer people to counties for diversion programs. Proponents hailed it as a solution to help counties that might be burdened with higher misdemeanor caseloads.
It took more than six years for the Legislature to settle on a funding formula and direct money to the County Community Safety Investment Fund. When the money became available in late 2023, many county officials were unaware of the opportunity or unsure of what programs would be beneficial. The statute is relatively broad, allowing for programs that address substance abuse, mental health, housing, employment or education.
The Department of Mental Health and Substance Abuse Services, which administers the program, has since worked to develop model programs and streamline the application process.
Statewide implementation remains spotty. As of Oct. 20, 43 of 77 counties were participating in the program, mental health department spokeswoman Maria Chaverri said. Applications for the next round of funding remain open through the end of the month.
At an Oct. 21 interim study on improving the County Community Safety Investment Fund’s effectiveness, rural court officials and advocates described obstacles to starting and maintaining programs. The smallest counties receive a minimum allocation of $62,500 and response times for mental health services lag in isolated corners of the state.
Michelle Kirby-Roper, an associate district judge in Beckham County, said she applied for money in 2024 and started a jail-based treatment program. She said the group therapy and counseling sessions have helped, but must be coupled with a long-term treatment plan.
“If you have too great a period of time between when they leave jail and the time that they start treatment, you’ve already lost them,” she said during the hearing.
Kirby-Roper, whose drug court program fizzled out after State Question 780 took effect, said the state could persuade more misdemeanor drug offenders to complete treatment by offering an incentive: if you enter a treatment program and stay clean, your case will be dismissed with all costs waived.
Oklahoma and Tulsa Counties launched misdemeanor diversion programs with those terms in 2021. Meagan Taylor, CEO of the Diversion Hub, said the program has served 2,302 participants in Oklahoma County with a 73% graduation rate. She said most of the money for the program does not come from the SQ 781 fund but it could serve as a model for rural counties.
“We all know that 781 is not going to be the sole answer to Oklahoma’s incarceration and the behavioral health needs that we have,” Taylor said. “But what we do know is that it’s an opportunity for system cohesion and an actual strategy that we can use to see positive outcomes.”
Along with developing model programs and expanding outreach to rural areas, Blancett said the state should consider updating who greenlights programs. Court officials must get approval from their county commissioners before submitting a 781 funding application. She said shifting that authority within the justice system, such as a judge or district attorney, could speed up the process.
“County commissioners tell us we know roads and bridges; we don’t know mental health or drug court or diversion programs,” Blancett said.
Brittany Hayes, senior vice president of policy at the Healthy Minds Policy Initiative, said modifying the approval mechanism would not require a constitutional amendment.
Hayes, who helped author a guide for counties seeking SQ 781 money, said statewide implementation is needed to address growing mental health and substance abuse needs. While 19% of Oklahomans experienced a substance abuse issue within the past year, three-quarters of them didn’t get treatment, according to Healthy Minds.
“This isn’t a small, isolated issue,” Hayes said. “It doesn’t discriminate between the population of your county or its access to services.”
Keaton Ross covers democracy and criminal justice for Oklahoma Watch. Contact him at (405) 831-9753 or Kross@Oklahomawatch.org. Follow him on Twitter at @_KeatonRoss.
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