House Bill 1518 Summary

• Courts may depart from mandatory minimum sentences if they find substantial and compelling reasons that the mandatory sentence is unnecessary for public protection and would result in substantial injustice, or that the defendant qualifies for alternative court, diversion program, or community sentencing based on risk and needs assessment.

• Courts cannot depart from mandatory minimums for violent offenses (as defined in Title 57, Section 571), sex offenses requiring registration, offenses involving firearms, crimes requiring 85% time served before parole eligibility, drug trafficking violations, continuing criminal enterprise leadership roles, or Oklahoma Antiterrorism Act violations.

• District court clerks must submit annual reports of sentencing departures to the Clerk of the Court of Criminal Appeals by February 1st of each year.

• The Clerk of the Court of Criminal Appeals must publish a digital report on its website by March 1st of each year showing the number of departures from mandatory minimums granted by each judge during the previous calendar year.

• The act becomes effective November 1, 2015.