COLUMBUS – Today Gov. John R. Kasich released the following statement praising the General Assembly for its overwhelming passage of House Bill 86 (Blessing, Heard), historic legislation that makes substantial changes to Ohio’s criminal sentencing laws:
“The nearly unanimous passage of House Bill 86 marks a truly historic moment and a great accomplishment for our state, particularly for those who have lost their way while moving through our criminal justice system. Serious sentencing reform has languished in the legislature for years, and I applaud this General Assembly for having the courage to stand up and do what’s right for our state. These reforms will make our communities safer by putting first-time, non-violent offenders in more fitting corrections environments with the goal of preventing them from becoming career criminals. I commend President Niehaus, Speaker Batchelder, Reps. Blessing and Heard, and Sens. Grendell and Smith for working together across party lines to pass legislation that will lower recidivism rates, reduce prison overcrowding, and ultimately change the lives of many Ohioans for the better.”
Senate Passes Criminal Sentencing Overhaul
(this article was originally published on GONGWER)
A complex bill designed to ease prison overcrowding that was three years in the making cleared the Senate Wednesday with broad support from members of both parties.
Prior to the vote, senators amended the legislation (HB 86) to remove a controversial provision that would have created a community notification procedure for the placement of foster children with criminal records. The language generated considerable opposition from children's service advocates and prompted Democrats to oppose the bill in committee a day earlier.
Sen. Tim Grendell (R-Chesterland), who proposed the measure, said he was persuaded by juvenile judges to remove it, but added that he intended to revisit the idea at a later date. Sen. Grendell, chairman of the Senate Judiciary-Criminal Justice Committee, called it a "smart on crime bill" that would begin to reverse the pattern of placing low-level, non-violent offenders with more serious offenders in prison, where their chances of rehabilitation are slim. He dismissed prosecutors' criticism that it violates the "truth in sentencing" concept designed to ensure that offenders serve out their actual terms. He noted a provision that would require upfront notification of the earned credit program, which offers early release time for successful completion of education and rehabilitation courses. "When the smoke clears, we've made the bill stronger, giving courts more discretion and options, and yet retained the concept of trying to allow the criminal system to differentiate between the serious criminal and lesser offenders", he said. "Hopefully by using this system, we will prevent them from going down that path of criminality."
The measure, with which the House is expected to concur next week, would:
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Raise the felony theft threshold to divert more low-level offenders to community correction programs.
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Increase from one to five days the time inmates can have reduced from their sentence for each month of completion of education, job training, and substance abuse programs. Violent felons and sex offenders would not be eligible for earned credit.
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Create more penalty options for parolees who fail to report to their parole officers, rather than a mandatory return to prison.
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Establish new sentencing alternatives for failure to pay child support, such as programs that focus on employment, behavioral and parenting skills.
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Offer numerous treatment options as an alternative to mandatory prison time.
The bill is expected to reduce the state's prison costs by about $78 million a year, according to the Senate GOP caucus.
Sen. Shirley Smith (D-Cleveland), joint sponsor of a companion version (SB 10), said the prison population, which is already about 135% overcapacity, would continue to grow and would cost the state about $925 million by 2018 and require construction of new prisons. Sen. Bill Seitz (R-Cincinnati), the other joint sponsor who began working on a similar proposal last session, commended former Democratic Gov. Ted Strickland for initiating the plan and Republican Gov. John Kasich for continuing to support it. "These things don't always need to be bitter partisan battles," he said.
Sen. Michael Skindell (D-Lakewood) was successful in amending the bill to prohibit registered sex offenders and individuals who have been convicted of identification fraud from legally changing their names. "Most states have similar prohibitions and there have been some incidents of sex offenders trying to legally change their names to avoid registering", he said. Sen. Seitz spoke in opposition to the rider, saying it would compound the legal uncertainty surrounding Ohio's sex offender registration law, parts of which the Ohio Supreme Court has already invalidated. He said lawmakers should wait for continuing litigation to be resolved before enacting the measure.
Members voted 30-3 to pass the bill, with Sen. Keith Faber (R-Celina), Sen. Jim Hughes (R-Columbus), and Sen. Tim Schaffer (R-Lancaster) voting in opposition.
