OFFICE OF ATTORNEY GENERAL
STATE OF OKLAHOMA
ATTORNEY GENERAL OPINION
Executive Director Terry Jenks
Oklahoma Pardon & Parole Board
First National Center
120 North Robinson, Suite 900 W
Oklahoma City, Oklahoma 73102
Dear Mr. Jenks:
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?
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
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