New law for inmates 2022 ohio

by: Natalie Fahmy

Posted: Aug 8, 2022 / 05:41 PM EDT

Updated: Aug 8, 2022 / 05:41 PM EDT

COLUMBUS, Ohio (WCMH) — If criminal sentencing schemes are altered, a new state bill would allow Ohioans to get out of prison early.

Introduced to the Statehouse in late July, the bipartisan-backed House Bill 708, or the Sentencing Fairness and Justice Act, would permit Ohioans behind bars for non-violent offenses to appeal their sentence — on the condition that the state enacts legislation to reduce or change sentencing guidelines for the respective crime.

“The general principle of the bill is a step forward in our quest for restorative justice across Ohio,” House Majority Leader Bill Seitz (R-Wadsworth), a primary sponsor of the bill, said.

Seitz and fellow sponsor Rep. Shayla Davis (D-Garfield Heights) said HB 708 would apply to all criminal offenses, except for the most serious crimes like murder and rape — two offenses for which Seitz said he doesn’t see lawmakers reducing penalties.

“When we start to change and shift with society, we must also look at those non-violent offenses,” Davis said.

As the bill currently stands, people who entered into plea deals would be able to appeal for a sentence reduction. But Seitz and Davis said that will likely change in the future, barring those who accepted a plea from appealing their sentence.

“Unless someone can prove that there’s ineffective counsel that caused them to end up in the situation, they’re essentially admitting guilt,” Davis said.

Because the criminal justice system disproportionately impacts Black and Brown men, Davis said HB 708 would be a step in the right direction.

“When there’s an injustice anywhere, it’s injustice to all of us,” she said.

The bill’s short-term impacts remain unclear, as there were no sentence reduction bills in the past four Ohio legislatures that became law, according to a news release from Davis’ office.

While Davis said sentence reductions are “extremely rare” in Ohio, there has been a 500% increase in the number of felony offenses added to the Ohio Revised Code since 1980 — an uptick that Davis said represents a “much-needed step toward decarceration” that HB 708 seeks to accomplish.

With movements nationwide to decriminalize various offenses like drug possession, Davis and Seitz said it could have a large impact in the near future.

“We want them to be reincorporated into society, paying taxes and working hard like the rest of us,” Seitz said.

Both lawmakers said they are hopeful the bill will pass. If not, Seitz said it will likely be re-introduced in the beginning of 2023.

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COLUMBUS — In 2021, about 12,000, or nearly 25%, of Ohio prisoners were non-violent offenders, according to the Ohio Department of Rehabilitation & Correction. 


What You Need To Know

  • State Representatives Shayla Davis (D-OH) and Bob Seitz (R-OH) are sponsoring the Sentencing Fairness and Justice Act, or HB 708

  • If passed, HB 708 would allow incarcerated non-violent offenders to secure their release or reduce their punishment in accordance to updated laws or reform

  • In 2021, about 12,000, or nearly 25%, of Ohio prisoners were non-violent offenders, according to the Ohio Department of Rehabilitation & Correction

  • Rep. Seitz says this bill is important because it’s a step forward to help ex-offenders regain work opportunities and become more productive citizens

A new bill could mean that these non-violent offenders could get out early, or have their sentences reduced.

The Sentencing Fairness and Justice Act, or HB 708, is a bi-partisan bill sponsored by Rep. Shayla Davis (D-OH) and Rep. Bill Seitz (R-OH). If passed, Rep. Seitz says it would allow incarcerated non-violent offenders to secure their release or reduce their punishment in accordance with updated laws or reform.

“We have far too many people in our prison system, which is a great expense to taxpayers,” said Rep. Seitz. “And many of us believe there are better ways of dealing with those folks to get to underlying issues than letting them languish in our prisons.”

It is expected to cost a little over $2 million to operate Ohio prisons in 2022, according to ODRC. American Civil Liberties Union Ohio Chief Lobbyist Gary Daniels agrees that this bill in theory would help non-violent offenders.

“If you have a felony record, that’s a long-lasting thing,” said Daniels. “It can impact your ability and absolutely does to get a job, get housing, to get education.”

Representative Seitz said this would help non-violent offenders like those with drug charges or even non-concealed carry violations. However, before HB 708 would come into play, reform would have to happen first. And that’s something he and Daniels both agree rarely ever happens, but hope that it does. 

“This is a positive development, but the problem is how often we engage in reform here in Ohio with regard to sentences, or sentencing ranges or punishment or penalties or anything like that,” said Daniels. 

Seitz said they came close to reform in 2020 with Senate Bill 3. If passed, it would have reclassified low-level drug possession charges down to unclassified misdemeanors as long as the offender was processed through drug court and received treatment. But it was never voted on by the House. 

“Something like that I would still very much like to pass because my objective on criminal justice has always been to try to get folks rehabilitated and back into the workforce,” said Rep. Seitz.

The bill is currently awaiting assignment to an Ohio House Committee. And while Daniels agrees the bill will help non-violent offenders, he said better reform would be the solution. 

“We have an awful lot more to do and if we don’t do it then potential passage or passage of HB 708, it’s just words on a paper,” Daniels said. 

Who is the longest serving inmate in Ohio?

Albert Moore, 92, of Warren County. He was sentenced to 15 years in prison and has been behind bars since October 2012, serving his sentence at the Allen Correctional Institution. His next parole hearing is in 2027.

What is a Level 3 inmate in Ohio?

Level 3 - The security level that is the next degree higher than Level 2, and requires more security/supervision than Level 2, but less than Level 4. A double perimeter, razor ribbon reinforced, alarmed and patrolled fence is required for this level of security.

What rights do prisoners have in Ohio?

Regardless of their past, every person incarcerated in Ohio's prisons deserves dignity and human rights. This includes access to adequate medical care, freedom from excessive force by prison staff, the right to practice one's religion, and fair treatment for LGBT prisoners.

How many active prisons are in Ohio?

As of January 2020, Ohio's prison system consisted of 28 correctional institutions (three privately operated) and 10,899 institutional staff (not including private prisons), of whom 6,624, or 60.8%, were correction officers.