OK Domestic Violence Survivorship Act

The OK Domestic Violence Survivorship Act is two pronged:

1) it creates a sentencing procedure on the front end of a prosecution which allows a judge to consider evidence of abuse. If the abuse is substantiated, then the survivor is entered into a lesser sentencing range than they were originally eligible for; 

2) the law also allows this same process for people who have already been sentenced to prison to be resentenced. 

A law to help survivors of violence who are caught up in the criminal justice system must do a few things: 

• The law must be proactive for survivors who are currently being prosecuted.
• The law must provide an opportunity at resentencing for those survivors who have already been sent to prison. 
• The law must have an inclusive definition of domestic violence and human trafficking. 
• The law must be trauma informed for those who are applying for relief.
• The application process for resentencing must be easy to understand.
• Some states have required that the original sentencing judge be different from the judge who hears the evidentiary hearing to substantiate the abuse and ultimately decide on resentencing.
• There should be a preponderance of the evidence standard for proving past abuse.
• There should be a "nexus" or substantial relationship between the abuse and the underlying crime.
• Access to counsel at resentencing hearings is recommended.