NCJ Number
67372
Date Published
1977
Length
35 pages
Annotation
THIS ANALYSIS DISCUSSES THE IMPACT OF OHIO'S MANDATORY SENTENCING BILL (H.B. 313) THE STATE DIVISION OF INSTITUTIONS WITH RESPECT TO THE SIZE OF THE CONFINED POPULATION IN OHIO.
Abstract
A DEFINITE SENTENCING LAW WILL INCREASE THE SIZE OF THE CONFINEMENT POPULATIONS RATHER THAN DECREASE THEM, SINCE IT IS BASED ON A SET OF FALSE PREMISES RATHER THAN ON A REALISTIC AND OBJECTIVE APPRAISAL OF ACTUAL EVENTS. THE LAW PRESUMES THAT FELONS ARE CONFINED BOTH TOO LONG AND TOO SHORT A TIME. IT ALSO PRESUMES THAT THE AUTHORITIES ARE NOT PROPERLY USING THEIR DISCRETIONARY DECISIONMAKING POWERS. HOWEVER, OHIO'S DATA DISPUTE THESE PRESUMPTIONS. THE UNIFORM CRIME REPORTS REVEAL THAT OHIO RELEASEES, WHEN COMPARED WITH THOSE IN OTHER POPULOUS URBAN STATES, OPERATE AT AN 80 PERCENT SUCCESS LEVEL OVER A 3-YEAR SPAN. THE ANALYSIS INDICATES THAT H.B. 313 WILL RESULT IN UNNECESSARILY EXCESSIVE LENGTHS OF CONFINEMENT FOR THOSE WHO CAN BE RELEASED AT EARLIER POINTS IN TIME WITH A HIGH EXPECTATION OF SUCCESS. THE BILL WOULD ALSO INCREASE THE NUMBER OF PEOPLE TO BE CONFINED, NECESSITATING THE ESTABLISHMENT OF ADDITIONAL CONFINEMENT FACILITIES IN THE NEAR FUTURE. IMPLEMENTATION OF THE BILL WOULD ALSO INCREASE EXPENDITURES BY AT LEAST $6,891,680 FOR 1978 AND 1979, AND WOULD SUBSTITUTE A RIGID, INFLEXIBLE METHOD OF SENTENCING FOR THE PRESENT FLEXIBLE SYSTEM. OHIO SHOULD MAINTAIN ITS PRESENT SENTENCING SYSTEM FOR THE NEXT 2 YEARS, SINCE THIS SYSTEM UTILIZES EARLY RELEASE AS WELL AS LONGER SENTENCES FOR THE DANGEROUS, REPETITIVE CRIMINAL. BEFORE IMPLEMENTATION OF H.B. 313, MORE DATA NEEDS TO BE DEVELOPED ON MANDATORY SENTENCING SINCE THE PRESENT STUDY CAN ONLY PROJECT A ONE-TIME INCREASE IN POPULATION OVER THE DEFINED TIME SPANS. TABLES AND CHARTS ACCOMPANY THE REPORT. (MJW)