Barnes v. State

1 Jerry Barnes pled guilty to the felony of Operating a Motor Vehicle While Under the Influence of Intoxicating Liquor, in Oklahoma County District Court, Case No. CRF-88-2157. On August 10, 1988, when Petitioner was sentenced to four (4) years imprisonment, the Oklahoma Prison Overcrowding Emergency Powers Act, 57 O.S. 1984 Supp., § 570 [57-570] et seq. provided that when the prison population exceeded ninety-five percent (95%) of capacity and the governor declared a state of emergency, inmates meeting certain criteria would be granted emergency time credit of one hundred twenty (120) days of credit for every sixty (60) days served, with a possible maximum of seven hundred twenty (720) days per year. 57 O.S. 1984 Supp., § 574 [57-574]. Effective July 1, 1989, this section was amended to provide that under the same conditions only sixty (60) days of credit every sixty (60) days will be given with a maximum of three hundred sixty (360) days of emergency time credit per year. 57 O.S. 1989 Supp., § 574 [57-574].