ACLU: American Civil Liberties Union of Ohio
Keeping America Safe and Free

Criminal Justice

Updated 12.03.09 For decades, Ohio politicians sought to be “tough on crime” by continually increasing criminal penalties. Now our courts are overflowing and prisons designed to house 38,000 people hold over 52,000. Meanwhile, state and county budgets are strained by the resulting expenses and crime rates have not declined. Ohio officials are realizing it is time to be “smart on crime.”

What's happening in Ohio

Reforming Ohio’s broken criminal justice system
Senate Bill 22 would address Ohio's over-crowded prison system by:

  • increasing the number of days prisoners can earn each month towards early release;
  • eliminating the crack-cocaine sentencing disparity;
  • eliminating mandatory minimum sentences for many low-level drug crimes;
  • increasing diversion programs for low-level drug offenders in lieu of conviction;
  • raising the threshold used in determining penalties in theft-related crimes;
  • providing diversion programs for child support violators.

In addition to S.B. 22, the Ohio General Assembly considered adding criminal justice reform to the state budget bill, but failed to take action.

H.B. 386 also seeks to reform our broken criminal justice system.

Both Democrats and Republicans need to hear from their constituents to support the criminal reforms proposed in SB 22, especially House Speaker Armond Budish and Senate President Bill Harris. Find your legislator's contact information.
 

Reducing wrongful convictions
S.B. 77 and its companion H.B. 99 would remedy three of the most significant causes of wrongful convictions. Proposed by the Ohio Innocence Project and supported by former Attorney General Jim Petro, the bill will:

  • expand inmates’ access to DNA testing and create stronger protocols to ensure evidence is properly preserved;
  • require that interrogations of some violent crime suspects be recorded;
  • establish procedures for unbiased eyewitness identifications.

Unfortunately, S.B. 77 has been amended to allow DNA collection from anyone arrested for a felony. Current Ohio law only allows for DNA collection from those actually convicted. While the ACLU opposes this part of the legislation, it supports other aspects such as increased access to DNA testing for convicts, and reforms of interrogation practices.

Please urge your state legislators to support S.B. 77 and H.B. 99 without DNA collection from arrestees.

Read our June 19, 2009 press release on S.B. 77 in light of the U.S. Supreme Court's denial of inmates' constitutional right to DNA testing.


Resources


Tips for writing your legislators

The Cost of Confinement: Why Good Juvenile Justice Policies Make Good Fiscal Sense, The Justice Policy Institute

One in 100: Behind Bars in America 2008, The Pew Center on the States

One in 31: The Long Reach of American Corrections, The Pew Center on the States

The Vortex: The Concentrated Racial Impact of Drug Imprisonment and the Characteristics of Punitive Counties, The Justice Policy Institute

Selective Enforcement of Drug Laws in Cuyahoga County, Ohio: A Report on the Racial Effects of Geographic Disparities in Arrest Patterns, Citizens for a Safe and Fair Cleveland