House Bill 323, sponsored by Representatives Dovilla and Anielski, will add the felony offenses of extortion and perjury to the list of crimes which will result in the forfeiture of retirement benefits or termination of disability benefits in the event an individual serving in a position of public trust is convicted.
“Like most residents of Cuyahoga County, I have been angered by the pervasive corruption permitted to occur at all levels of government in our county,” said Dovilla. “It is well past time to hold public officials accountable and demand transparency in the administration of our public offices. The hard-working taxpayers of this county should not be saddled with the responsibility of ensuring indicted politicians such as Jimmy Dimora and Frank Russo enjoy taxpayer-subsidized golden parachutes into retirement after squandering hundreds of thousands of dollars – limited taxpayer funds which could have gone to support our schools, public safety officers, and communities.”
House Bill 323 is currently waiting to be scheduled for a vote by the full House of Representatives.
Ohio House Passes Legislation to Safeguard Residents of Nursing Homes Against Sex Offenders
State Representative Marlene Anielski (R-Walton Hills) today offered joint sponsor testimony before the House Criminal Justice Committee in support of House Bill 299, which is also known as Caylee’s Law.
House Bill 299 specifically requires a parent, legal guardian or custodian of a child under the age of 16 to report a missing child to a law enforcement agency within 24 hours. It would also require that a parent, legal guardian or custodian report to a law enforcement agency within one hour of discovery that a child is deceased.
Failure to follow these guidelines would result in a violation of falsification to mislead a public official, which is a fifth-degree felony.
“I felt it was my responsibility to protect the children of our state,” said Representative Anielski. “Furthermore, there was a tremendous outcry for action from my constituents who wanted to see something done to prevent a tragic situation similar to the Caylee Anthony case from happening in Ohio.”
“Our children are our most precious resources," said Rep. Mike Stinziano (D-Columbus), who sponsored the legislation with Representative Anielski. "We need to make sure that our laws protect our children and that nothing like this can ever happen in the state of Ohio. My office has heard from over 1500 of my constituents and Ohioans urging the legislature to pass a bill with teeth that provides tools to our prosecutors and protects our children. HB 299 does exactly that.”
House Bill 299 was introduced in July and has received bipartisan cosponsorship in the Ohio House.
Rep. McGregor discusses criminal sentencing reform in Ohio.
Now that the state operating budget has been finalized - filling the $8 billion budget gap without raising taxes - the first six months of my time as House speaker have come and gone. The summer recess from Columbus provides legislators with a great opportunity be even more in touch with our districts and come up with new and innovative legislation to pursue. But I'm very proud of what the Ohio House of Representatives has accomplished so far this year.
This has been a session focused on job creation and spending restraint. If I had to choose a word to highlight the actions we've taken, my answer would be "reform." The reforms we've enacted, especially in regard to business development, were not only capped off most recently with the new budget, but by the fact that legislation I sponsored was also passed to find ways of updating the content and structure of the Ohio Constitution through the Ohio Constitutional Modernization Commission.
Republican members of the House are finding new ways of carrying out the state's business and making many of the long-overdue changes our state has needed. A terrific example of this type of reform is the collective bargaining legislation that was passed not long ago. Through this effort, we have found a way to restore control of the management of our tax dollars while providing our state's public employers with more flexibility. This ensures that Ohioans are getting a fair deal, while at the same time protecting jobs for our public employees and improving our schools and safety forces.
We can also save money by responsibly addressing the inadequacies of Ohio's criminal sentencing practices, which currently cause prison overcrowding and place a heavy fiscal burden on taxpayers. A package of reforms that the House passed will reduce recidivism and streamline Ohio's correctional system, making it more affordable and effective. With more sentencing options, from adjustable sanctions to various structured programs, we can save tax dollars by offering alternatives to incarceration for non-violent offenders who have the potential to be reintroduced to society.
But of course, when it comes to government, our voting at the ballot box is where it all originates. For this reason, some of our reforms have strived to modernize and streamline our elections operations while being cautious against fraudulent and unethical voting practices. We can do this through verifying our voter rolls, improving the verification process for absentee and provisional ballots, and updating our statewide standards on how elections are carried out. There are some issues included in the reform that are as simple as allowing voters to change their addresses online.
Ohio has a long tradition of striving for fair and honest elections. If these reforms do nothing more than provide an assurance of the sanctity of the ballot, then that's a pretty good thing for Ohioans to have.
Reforms like these require a lot of action and many hours of work - listening to constituents and focusing on the details that will lead to improvement. I believe that if we are to make a difference in these areas, what we do needs to be done right. During this General Assembly, it has been done right, and that's something that all Ohioans can be proud of.
In response to the Legislature’s swift and diligent action on House Bill 86, Rep. Slaby—who serves as chairman of the House Criminal Justice Committee—released the following statement:
“This legislation treats the more dangerous criminal more seriously but gives the first time, non-violent, non-sexual offender, if he or she chooses, the opportunity to become a more productive citizen.”
According to the Ohio Department of Rehabilitation and Correction, Ohio’s prison population is projected to increase to more than 40 percent over capacity by 2015. Currently, state prisons are filled to 33 percent over capacity, holding nearly 13,000 more individuals than they were designed to hold.
House Bill 86 will address this burgeoning problem through community programs that more effectively rehabilitate low-level offenders and reduce recidivism rates at a more affordable cost to the taxpayers. It will also improve probation supervision and reduce duplication of resources.
The Ohio House of Representatives today concurred on Senate amendments to House Bill 86, a comprehensive set of reforms that strive to overhaul Ohio’s criminal sentencing laws.
House Bill 86 aims to more successfully address prison population growth and streamline court, jail, and prison operations. It also includes the recommendations of the Council of State Governments Justice Reinvestment Project to help address skyrocketing corrections costs and high recidivism rates.
“Continuing this legislature’s effort to save tax dollars and improve the way our state government operates, we today approved a bill that will significantly reform our criminal justice system,” said Speaker Pro Tempore Lou Blessing (R-Cincinnati), who sponsored House Bill 86. “I applaud the hard work and careful consideration of both the House and Senate and sincerely appreciate the widespread support this bill has garnered.”
According to the Ohio Department of Rehabilitation and Correction, Ohio’s prison population is projected to increase to more than 40 percent over capacity by 2015. Currently, state prisons are filled to 33 percent over capacity, holding nearly 13,000 more individuals than they were designed to hold.
House Bill 86 would address this burgeoning problem through community programs that more effectively rehabilitate low-level offenders and reduce recidivism rates at a more affordable cost to the taxpayers. It will also improve probation supervision and reduce duplication of resources.
House Bill 86 will now move to the Governor’s Office, where it awaits the signature of Governor John Kasich.
Substitute House Bill 25 increases the penalty for committing cruelty to animals for a second or subsequent violation from a second-degree misdemeanor to a first-degree misdemeanor. The bill also requires a court to impose a term of either basic or intensive probation supervision on an offender who knowingly commits cruelty to a companion animal.
“The current penalties for animal abuse in Ohio are no more than a slap on the wrist and do nothing to punish the abuser or prevent future acts,” said State Representative Courtney Combs (R-Hamilton), who sponsored the legislation. “This legislation addresses those concerns by increasing the penalty of cruelty to animals.”
Studies have shown that people who commit violence toward animals as children have a greater chance at being more violent later in life. Thus, Sub. H.B. 25 requires a juvenile court to require a child under 18 years of age who is adjudicated a delinquent child for committing cruelty to a companion animal to undergo a mandatory psychological evaluation. If individual or family counseling is recommended by the evaluation, the bill requires the court to order the child to attend counseling and to determine the frequency and length of such treatment.
Sub. H.B. 25 also permits judges to include in a criminal protection order, criminal domestic violence temporary protection order, civil stalking order, sexually oriented offense protection order, or civil domestic violence protection order any companion animal that resides in the complainant’s or alleged victim’s residence.
“In committee last year, we heard many heart-wrenching stories of individuals abusing or killing a pet in order to invoke a reaction or threaten their victims to return home,” Combs said. “One study showed 48 percent of battered women delayed leaving a dangerous situation out of concern for their pets’ safety. When the pets also had been abused, the percentage of women who delayed leaving rose to 65 percent. There is a proven link between animal abuse and domestic violence.”
Sub. H.B. 25 passed by a vote of 88-7 and will now move to the Ohio Senate for further consideration.
State Representative Anne Gonzales (R-Westerville) today announced the passage of Substitute House Bill 62 from the Ohio House of Representatives.
Sub. House Bill 62, which Gonzales introduced in January, strives to protect nurses, health care professionals and other health care workers from on-duty assaults. It increases the potential penalty for the offense of assault to a fourth-degree felony if the victim is engaged in the performance of his or her duties at a hospital when attacked.
“As lawmakers, it is important that we take a stand against the violent assaults that nurses often face on a day-to-day basis,” Gonzales said. “This is a multi-faceted issue with many different strategies for addressing it, but House Bill 62 is a critical first step toward finding a lasting solution that protects Ohio’s nurses and others who work in health care.”
Currently, the Ohio Revised Code makes the assault of a police officer, firefighter, EMS worker or teacher a felony that carries increased penalties. However, there are no such protections for Ohio’s health care workers, who experience the greatest number of assaults in all practice settings, according to the U.S. Bureau of Labor Statistics.
A 2006 survey conducted by the Emergency Nurses Association found that 86 percent of emergency room nurses had experienced violence on the job during the preceding three-year period. More than 25 percent of respondents experienced 20 or more violent incidents—including being hit, punched, shoved, scratched, kicked or spat upon—during that same period.
The U.S. Department of Justice reported that each year, nearly 500,000 nurses are victims of violent crimes in the workplace. While patients themselves are often the perpetrators, family members and visitors are also likely to be the offenders.
Sub. House Bill 62 passed by a vote of 85-12 and will now move to the Ohio Senate for further consideration.
Rep. Anne Gonzales is featured on Ohio in Focus.
House Bill 86 also includes the recommendations of the Council of State Governments Justice Reinvestment Project, an effort to help states address skyrocketing corrections expenditures and high recidivism rates among individuals upon release.
“Today we’ve taken a significant step toward reforming our criminal justice system and making it more effective,” Blessing said. “The system consumes an exorbitant amount of tax dollars and fails to successfully rehabilitate offenders. The status quo is simply unacceptable when we continue to funnel more and more dollars into a system that is underperforming. We can achieve significant savings by directing non-violent offenders into community-based programs that prepare individuals to be productive members of society, rather than repeatedly throwing the same people back into prison.”
According to the Ohio Department of Rehabilitation and Correction, Ohio’s prison population is projected to increase to more than 40 percent over capacity by 2015. Currently, state prisons are filled to 33 percent over capacity, holding nearly 13,000 more individuals than they were designed to hold. House Bill 86 would successfully address this burgeoning problem through community programs that more effectively rehabilitate offenders and reduce recidivism rates at a more affordable cost for the taxpayers. It will also improve probation supervision and reduce duplication of resources.
Almost every major paper in the state of Ohio has featured positive commentary about sentencing reform, including the Columbus Dispatch, the Akron Beacon Journal and the Toledo Blade.
House Bill 86 passed by a vote of 96-2 and will now move to the Ohio Senate for further consideration.
State Representative Matt Huffman (R-Lima) today announced that the Ohio House of Representatives passed legislation to increase the Ohio judicial age of retirement to 75 years of age. Currently, Ohio law prohibits any individual from election or appointment to judicial office if they turn 70 before assuming office. House Joint Resolution 1 will allow more practiced judges who are willing and able to serve to remain on the bench. Chief Justice Maureen O’Connor supports raising the mandatory retirement age, as did the late Chief Justice Thomas Moyer.
The legislation passed by a vote of 70-26 and now moves to the Ohio Senate for further consideration. If enacted, a constitutional amendment will be voted on by Ohio voters in the November general election.
There are currently many features of state sentencing practices that need to be reworked and updated. We all benefit when our correction facilities effectively rehabilitate offenders at a more efficient cost to the taxpayers. With an impending $8 billion budget gap, it is vital that we explore more fiscally responsible spending on our prison system while also looking at ways to reduce recidivism rates.
One area of corrections that the Ohio House and Ohio Senate have focused on is the state sentencing process. My colleagues and I in the state legislature believe that modifying this process will contribute to the efficacy of the justice system. House Bill 86 seeks to address the inadequacies of Ohio’s sentencing practices, which currently cause prison overcrowding and place a heavy fiscal burden on taxpayers. This legislation is a package of reforms that will tackle the problems of recidivism and make spending on Ohio’s correctional system more affordable and effective.
House Bill 86 takes a variety of approaches toward sentencing reform. Currently, penalties for parole violations and failure to pay child support are rather inflexible and cause the state to overspend. House Bill 86 will allow for more sentencing options, from adjustable sanctions to various structured programs. Ohio can save tax dollars by offering alternatives to incarceration for these types of non-violent offenses.
Another reform included in the legislation involves raising the felony theft threshold. As the years pass, inflation inevitably increases, and the theft threshold should reflect this change in inflation. In 1996, the felony theft threshold was increased from $300 to $500, but it has not been updated since. Fifteen years later, the theft of $500 worth of property is not as serious of an offense as it was in 1996. House Bill 86 will raise the threshold to $1,000, an adjustment matching the 15-year increase in inflation. In this way, we can enroll offenders convicted of misdemeanor theft in community corrections programs and incarcerate persons convicted of more serious and dangerous crimes.
House Bill 86 will also encourage participation in certain programs approved by the Ohio Department of Rehabilitation and Corrections. These programs include education courses, substance abuse treatment and job training. Excluding sex offenders, incarcerated individuals will have the opportunity to earn credit of one to five days toward their sentence per month of successfully completed coursework. Currently, prison sentences are primarily a means of punishment. However, it is also necessary to offer rehabilitation to offenders who eventually will be reintroduced to society. These efforts will help to reduce recidivism by giving inmates the tools to be productive citizens.
These and other sentencing changes provisioned in House Bill 86 will improve Ohio’s budget outlook and positively reform our justice system, while tackling crime in innovative ways. As a father and grandfather, I understand the paramount importance of keeping your children and families safe. With House Bill 86, we have the unique opportunity to both increase this safety and address the state budget gap, two steps in the right direction.
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