Judge says new sentencing law will bring changes to local court
By
Brandy Chandler-brandychandler@gmail.com
A new Ohio law that modifies the sentencing structure for felony convictions and aims to reduce the number of low- to moderate-level offenders in the state prison system may save the state of Ohio close to $50 million. However, Highland County Common Pleas Court Judge Rocky Coss said that aspects of the law may bog down areas of the judicial system and will most likely have an impact on daily court operations.
House Bill 86 was signed into law by Ohio Gov. John Kasich on June 29 and will reduce the amount of public funds used to operate state prisons.
While the goal is to reduce the number of people in Ohio prisons, Coss stressed that they are non-violent offenders, and the law will not prevent those convicted of violent crimes or repeat-offenders from being locked up.
When Kasich signed the law, he said, "The new law aims to reduce crime by diverting first-time, non-violent offenders to intensive rehabilitative programming in a community setting, away from the corruptive influence of career criminals within the state’s prison system. The law seeks to reduce incidents of prison violence, reduce over-crowding and prepare inmates for productive societal re-entry."
The Columbus Dispatch reported that the bill aimed to reduce the state prison population by approximately 7.5 percent (3,800 prisoners). Initially, it was estimated that the bill would result in a cumulative savings of $78 million, but now the savings are estimated to be at $46.3 million.
The bill, which comes in at more than 300 pages, has numerous elements that will impact the way defendants are sentenced, how long they will serve those sentences and what happens once they are released. Coss spoke specifically about several elements he said will impact the Highland County Court of Common Pleas.
"I'm going to have to make a checklist," Coss said, to utilize during sentencing hearings to make sure all elements of the law are covered.
The law establishes that for fifth-degree and fourth-degree felonies, defendants with no prior felony records, if the crime is non-violent, no one sustained serious physical harm and the offense was not committed with a firearm, should be sentenced to community control instead of prison time.
Coss said there are exceptions so that judges will have the power to elect prison time; however, that will open up areas for the sentences to be appealed. If the crime was violent, did cause serious physical harm, was committed with a firearm or the defendant is a repeat offender and the court determines that there is not an adequate community control sanction, prison time is then an option.
The law also reinstates a preference of concurrent sentences, rather than consecutive. When a defendant is convicted of or pleads guilty to multiple crimes, and when sentenced on each charge, a judge makes a determination if the sentence for each crime will be served one after the other, or if the time served for one sentence essentially counts for all the sentences.
Coss said that if a defendant is sentenced to concurrent time, it's like they are only punished for one crime "and the rest are free."
"The whole view is, 'Let's get people out of prison,' and isn't necessarily what's best for the public," Coss said.
Coss said the courts of appeals could receive "hundreds if not thousands of cases" appealing sentences, "not necessarily from attorneys, but from defendants." Coss referred to the defendants as "jailhouse lawyers," as appealing cases can become a pastime in prison where they have "plenty of time, access to a law library and free paper."
Coss said that the bill can "be frustrating for the public" when he knows that so many people already feel that some defendants are not sentenced to enough time as it is.
"I don't think this bill will result in an influx of violent offenders being released," Coss said.
Many of the crimes that are fifth-degree and fourth-degree felonies include breaking and entering, drug possession and trafficking in an amount less than the bulk amount, theft and passing bad checks.
Prisoners can now apply for judicial release earlier than before, so Coss said he anticipates "a flood of petitions" for release when the bill goes into effect. The sentencing requirements will go into effect in January, but petitions for judicial release could start being filed as early as September, he said.
"It will add stress to the system," Coss said. "At least at first."
HB 86 has also changed the following:
• The maximum sentence for third-degree felony offenses has been reduced to three years, for cases if is not a sex crime, not an offense of violence, not aggravated vehicular homicide, aggravated vehicular assault, repeated robberies or repeated burglaries. Judges may choose sentence terms of nine months, 12 months, 18 months or 24 months.
• The penalty for first-degree felony crimes are increased to a maximum of 11 years, up from 10 years.
• The Adult Probation Department must create a re-entry plan for each defendant going into the system, except for those who have been sentenced to life without parole. While Coss said that re-entry plans make sense, it might create more up-front work for money- and time-strapped departments for defendants who might not re-enter society for years.
• Authorizes the court to create a risk reduction plan, when in certain circumstances offenders can have a supervised release after serving 80 percent of a prison term.
• Requires the use of a risk assessment tool in which all data regarding a prisoner, from previous crimes and sentences, to mental issues, history of substance abuse, education and other factors, are input into a standardized computer system.
A positive element Coss sees in HB 86 is that it expands the eligibility criteria for treatment in lieu of prison terms for offenders that have mental illnesses or developmental disabilities. Coss said that sometimes he feels like "we are using the resources on the wrong people" and this will allow people who may commit crimes due to those disabilities to get the help they need.
In those cases, and with many drug cases, Coss said, "Treatment is cheaper than incarceration" and in some cases may ultimately be more effective toward rehabilitation.
HB 86, Coss said, gets judges thinking about the costs associated with sentences, which in Highland County and other rural areas, is something that has always been a necessity for judges.
"I have to follow the law," Coss said. "In 75 percent of the time, this is no different from what I already do (when it comes to considering cost). Quite honestly, a lot of judges don't care."
A new Ohio law that modifies the sentencing structure for felony convictions and aims to reduce the number of low- to moderate-level offenders in the state prison system may save the state of Ohio close to $50 million. However, Highland County Common Pleas Court Judge Rocky Coss said that aspects of the law may bog down areas of the judicial system and will most likely have an impact on daily court operations.
House Bill 86 was signed into law by Ohio Gov. John Kasich on June 29 and will reduce the amount of public funds used to operate state prisons.
While the goal is to reduce the number of people in Ohio prisons, Coss stressed that they are non-violent offenders, and the law will not prevent those convicted of violent crimes or repeat-offenders from being locked up.
When Kasich signed the law, he said, "The new law aims to reduce crime by diverting first-time, non-violent offenders to intensive rehabilitative programming in a community setting, away from the corruptive influence of career criminals within the state’s prison system. The law seeks to reduce incidents of prison violence, reduce over-crowding and prepare inmates for productive societal re-entry."
The Columbus Dispatch reported that the bill aimed to reduce the state prison population by approximately 7.5 percent (3,800 prisoners). Initially, it was estimated that the bill would result in a cumulative savings of $78 million, but now the savings are estimated to be at $46.3 million.
The bill, which comes in at more than 300 pages, has numerous elements that will impact the way defendants are sentenced, how long they will serve those sentences and what happens once they are released. Coss spoke specifically about several elements he said will impact the Highland County Court of Common Pleas.
"I'm going to have to make a checklist," Coss said, to utilize during sentencing hearings to make sure all elements of the law are covered.
The law establishes that for fifth-degree and fourth-degree felonies, defendants with no prior felony records, if the crime is non-violent, no one sustained serious physical harm and the offense was not committed with a firearm, should be sentenced to community control instead of prison time.
Coss said there are exceptions so that judges will have the power to elect prison time; however, that will open up areas for the sentences to be appealed. If the crime was violent, did cause serious physical harm, was committed with a firearm or the defendant is a repeat offender and the court determines that there is not an adequate community control sanction, prison time is then an option.
The law also reinstates a preference of concurrent sentences, rather than consecutive. When a defendant is convicted of or pleads guilty to multiple crimes, and when sentenced on each charge, a judge makes a determination if the sentence for each crime will be served one after the other, or if the time served for one sentence essentially counts for all the sentences.
Coss said that if a defendant is sentenced to concurrent time, it's like they are only punished for one crime "and the rest are free."
"The whole view is, 'Let's get people out of prison,' and isn't necessarily what's best for the public," Coss said.
Coss said the courts of appeals could receive "hundreds if not thousands of cases" appealing sentences, "not necessarily from attorneys, but from defendants." Coss referred to the defendants as "jailhouse lawyers," as appealing cases can become a pastime in prison where they have "plenty of time, access to a law library and free paper."
Coss said that the bill can "be frustrating for the public" when he knows that so many people already feel that some defendants are not sentenced to enough time as it is.
"I don't think this bill will result in an influx of violent offenders being released," Coss said.
Many of the crimes that are fifth-degree and fourth-degree felonies include breaking and entering, drug possession and trafficking in an amount less than the bulk amount, theft and passing bad checks.
Prisoners can now apply for judicial release earlier than before, so Coss said he anticipates "a flood of petitions" for release when the bill goes into effect. The sentencing requirements will go into effect in January, but petitions for judicial release could start being filed as early as September, he said.
"It will add stress to the system," Coss said. "At least at first."
HB 86 has also changed the following:
• The maximum sentence for third-degree felony offenses has been reduced to three years, for cases if is not a sex crime, not an offense of violence, not aggravated vehicular homicide, aggravated vehicular assault, repeated robberies or repeated burglaries. Judges may choose sentence terms of nine months, 12 months, 18 months or 24 months.
• The penalty for first-degree felony crimes are increased to a maximum of 11 years, up from 10 years.
• The Adult Probation Department must create a re-entry plan for each defendant going into the system, except for those who have been sentenced to life without parole. While Coss said that re-entry plans make sense, it might create more up-front work for money- and time-strapped departments for defendants who might not re-enter society for years.
• Authorizes the court to create a risk reduction plan, when in certain circumstances offenders can have a supervised release after serving 80 percent of a prison term.
• Requires the use of a risk assessment tool in which all data regarding a prisoner, from previous crimes and sentences, to mental issues, history of substance abuse, education and other factors, are input into a standardized computer system.
A positive element Coss sees in HB 86 is that it expands the eligibility criteria for treatment in lieu of prison terms for offenders that have mental illnesses or developmental disabilities. Coss said that sometimes he feels like "we are using the resources on the wrong people" and this will allow people who may commit crimes due to those disabilities to get the help they need.
In those cases, and with many drug cases, Coss said, "Treatment is cheaper than incarceration" and in some cases may ultimately be more effective toward rehabilitation.
HB 86, Coss said, gets judges thinking about the costs associated with sentences, which in Highland County and other rural areas, is something that has always been a necessity for judges.
"I have to follow the law," Coss said. "In 75 percent of the time, this is no different from what I already do (when it comes to considering cost). Quite honestly, a lot of judges don't care."
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