Ohio House Bill 86 sentencing 'reform' law: Judges, not prison officials, should decide who goes to prison

4-8-2012 Ohio:

Imagine you are the judge presiding over the sentencing of Jon Doe. In a single weekend, Doe broke into his neighbor's garage, stole $55,000 worth of tools, sold those tools and used a portion of the money to buy 49 balloons of black tar heroin, sold most of that heroin, gave some of that heroin to a 14-year-old girl in exchange for sex, and led law enforcement on a high-speed chase. Doe is in his mid-30's and has no felony record. He does, however, have a long history of misdemeanor convictions for theft, drug possession, drunk driving, and has several times plead guilty to disorderly conduct in cases where he was charged with assault and domestic violence. He has gone through several rounds of court-ordered drug treatment and has served a number of month-long jail commitments. Doe shows no remorse for his actions. At sentencing, Doe defiantly tells you, "You can't send me to prison, judge, these are my first felonies."

Unfortunately, he would be right.

As a result of Ohio House Bill 86, effective Sept. 30, 2011, judges cannot sentence certain felony offenders to prison, unless prison officials notify the judge that probation programs are not available (which is not likely, if ever, to happen). Even though a judge -- who has heard the case, the offender's criminal history, and the victim's input -- has determined the offender should go to prison, prison officials now have the power to overrule the judge's decision. Advocates cited lesser offenses such as drug abuse and shoplifting when pushing this measure. However, among those who can escape prison because of this law are sex offenders, home invaders, those who launder money for terrorists and people who steal or defraud in amounts up to $150,000.

Prior sentencing law permitted judges to tailor a sentence to the individual circumstances and offender, ordering imprisonment when necessary to protect the public and deter the offender. H.B. 86 removed that discretion and individualized determination. Now, a person who commits these serious must be placed on probation for as little as one year. Never before in Ohio history has judicial discretion regarding sentencing been made subject to the approval of prison officials. ..For the rest of this opinion: by Lancaster Eagle Gazette