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New law could change prison time for violent offenders

In an effort to curtail violent offenders leaving jail too soon and re-offending, a new Ohio law, which goes into effect on March 21, allows judges to give indefinite sentences with minimum and maximum ranges for people convicted of violent first or second-degree felonies.

Their ultimate sentence would then be determined by their behavior when incarcarated.

The law is named after Ohio State University student Reagan Tokes. Tokes was murdered and raped by a convicted sex offender after leaving her Columbus job in 2017. Her murderer had 45 infractions while incarcerated, and was released by the state with the knowledge that he would homeless, just three months before the murder.

Under the law, for inmates who have exemplary records while incarcerated, it would permit the Department of Rehabilitation and Corrections to recommend having their sentences reduced. Conversely, if an inmate is unruly while behind bars, his sentence could be pushed to 150 percent of the sentence prescribed by the court. Another portion of the law allows the state to keep prisoners incarcerated if they will be homeless when they are released. Under current laws, prisoners can’t be given extra time for misbehaving while incarcerated.

Two portions of the original legislation were left out of the bill that was sent to Kasich’s desk for signing. The first was to bolster the current system of electronic monitoring for violent felons let out of prison in order to keep closer tabs on the individual.

Tokes’ murderer was wearing an ankle monitor at the time of his crimes, but due to current standards, the police weren’t able to tie him to a string of robberies just days before the murder.

Also left out was a provision that created guidelines for parole officers who supervise violent former inmates. Proposed guidelines would have enacted a minimum amount time a parole officer must spend supervising a violent felon.

That portion may be reinstated once the state finishes research about the financial and logistical needs of the new program.

Washington County Common Pleas Court Judge Mark Kerenyi said he is still reviewing the language of the law and that it could potentially raise some eyebrows.

“It could bring up questions about separation of powers,” he said. “It appears to leave (sentence extensions) at (the DRC’s) discretion.”

Kerenyi said by his understanding of the law, after he sentences the violent offender, if that person doesn’t take a rehabilitative path while incarcerated, the DRC can impose up to 150 percent of the original sentence.

“It seems kind of strange,” he said. “If I sentence a person to 10 years, they could end up serving 15 if they don’t behave in prison. What they have done is make it more complicated.”

Kerenyi said that the complications arise with laws already in place on sentence reductions and mandatory minimums.

“Inmates can already receive a 5 to 15 percent reduction in sentence for being an exemplary inmate,” he said. “It’s hard to say how this will affect things.”

Kerenyi said he supports the idea of keeping inmates who are hardened and show no signs of rehabilitation in prison, but he said he thinks the law will affect more metropolitan areas due to their higher population of career violent criminals.

“Bigger cities have gangs and all their violence. We don’t have that much here,” he said. “But we do get occasional murders here.”

Kerenyi said those murders are usually associated with crimes of passion, instead of some kind of crime ring.

Washington County Sheriff Larry Mincks said the new law will not affect the county jail system much, but inmate behavioral issues need to be addressed.

“It’s a fairly significant problem,” he said.

Mincks said guards at the jail always need to be on the constant lookout for fights, inmates throwing food and other general behavioral issues while on post.

“We’ve even had inmates sliding down banisters on their mattresses,” he said.

Even though the jail already sends an inmate’s disciplinary record with them when they move to a state facility, Minks said he wasn’t sure if the threat of extended sentences would have any affect on the county’s inmates behavior before they are sent to another facility.

“It remains to be seen,” he said.

At a glance

•What: Reagan Tokes law. Named after OSU student who was murdered by a violent felon who was released, even though he had behavioral issues in prison.

•Changes: Allows the Ohio Department of Rehabilitation and Corrections to potentially lower sentences, or increase them up to 150 percent of original sentence based on inmate’s behavior. Inmates would also be held if upon release they would be homeless.

•Dates: Signed into law by Gov. John Kasich on Dec. 21. The law becomes active on March 21.

Source: Times research.

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