The Resurrection of Ohio's Justice Reinvestment Act

The Resurrection of Ohio’s Justice Reinvestment Act

Feb 22, 2017

Senators John Eklund (R-Munson Township) and Charleta Tavares (D-Columbus) along with DRC Director Gary Mohr introduce criminal justice reform policies at the Ohio Statehouse.

Justice Reinvestment may finally be coming to Ohio. On February 22, 2017, Senators John Eklund (R-Munson Township) and Charleta Tavares (D-Columbus) introduced policies that take a huge step towards fulfilling the promises of Ohio’s 2011 Justice Reinvestment Act known as House Bill 86.

House Bill 86 was designed to curb Ohio’s growing prison population by providing treatment to low-level offenders suffering from drug and alcohol addiction—a policy that has proven to be effective in decreasing recidivism and saving taxpayer dollars. Unfortunately, that hasn’t been the case in Ohio. The prison population has remained constant and is more expensive than ever.

Ohio never fully committed to Justice Reinvestment. While House Bill 86 set a great framework for a rehabilitation-focused justice system, technical probation violations and failed treatment programs have neutralized any progress. Additionally, in many areas of Ohio, rehabilitation programs are unavailable due to limited funds.

States that are reaping the good effects of Justice Reinvestment jumped in with both feet—coming through with policy and funding. When faced with the $1 billion price tag of a new prison, Texas invested $241 million into rehabilitation programs. As a result, Texas has decreased crime and its prison population, enabling that state to close prisons.

Ohio leaders are now looking to take the plunge. The Governor’s budget proposal addresses the funding issue by diverting $140 million over the next two years from The Department of Rehabilitation and Correction to local community rehabilitation efforts. The proposal put forward by Senators Eklund and Tavares address the policy changes needed to make the leap by expanding program eligibility and allowing more judicial discretion when a program participant slips up.

Treatment in lieu of conviction takes place prior to conviction. In exchange for successfully completing a substance abuse program, the person is not convicted of the underlying offense. This saves the person from a lifetime felon label that can impact employment, housing, and education. The policy proposal would give judges more discretion to keep individuals in the program that may have only committed a misstep.

Probation is a program that allows a person who has been convicted of a crime to be rehabilitated in the community under supervision with certain conditions.

A large portion of those entering prison were originally placed on probation, but probation was revoked due to a technical violation of probation rules. A technical parole violation is not a crime; instead, a technical violation can be something as innocuous as being late to a meeting, failing to report, drinking alcohol, or failing a drug test. The current law creates a presumption of revocation for technical violations. The new proposal would eliminate the presumption of revocation and would cap prison sanctions at 90 days, much shorter than the current nine-month limit.

With these policies, Ohio may begin to see the fruits of sound criminal justice reform.