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Last Name. Share this . Follow Ballotpedia. Ohio Issue 1 , the Drug and Criminal Justice Policies Initiative , was on the ballot in Ohio as an initiated constitutional amendment on November 6, The measure was defeated. What would Issue 1 have changed about drug and criminal justice policies in Ohio? Issue 1, according to the measure's text, was deed to reduce the of people in state prisons for low-level, nonviolent crimes, such as drug possession and non-criminal probation violations.
The initiative would have made the possession, obtainment, and use of drugs no more than a misdemeanor, with sentences not exceeding probation for a first or second offense. Issue 1 would not have changed the classification of first-, second-, or third-degree drug-related felonies, such as the sale, distribution, or trafficking of drugs. The initiative would have also allowed individuals serving convictions higher than a misdemeanor for possession, obtainment, and use of drugs to petition the court for re-sentencing.
Courts would have been prohibited from ordering that persons on probation for felonies be sent to prison for non-criminal probation violations. The ballot initiative would have required the Ohio Department of Rehabilitation and Correction DRC to grant an inmate with sentence credits In Ohio, sentencing credits are days subtracted from an inmate's court-ordered sentence for certain accomplishments.
The ballot initiative would have required that state funds saved due to a reduction of inmates, resulting from the initiative's implementation, be spent on substance abuse treatment programs, crime victim programs, probation programs, graduated responses programs, and rehabilitation programs.
Issue 1 would not have been applied to individuals convicted of murder, rape, or child molestation. Who was behind the campaigns surrounding the ballot initiative? Vote No Protect Ohio led the campaign in opposition to Issue 1. Had other states reclassified drug possession as a misdemeanor? The first state to pass such a law reclassifying drug possession was California, where voters approved Proposition 47 in Proposition 47 required misdemeanor sentencing for drug possession and dedicated savings to education, crime victim programs, and mental health and drug treatment programs.
Voters in Oklahoma also passed a ballot initiative, State Question , that reclassified drug possession as a misdemeanor and dedicated savings to criminal rehabilitation programs. Alaska, Connecticut, and Utah also passed legislation that reclassified drug possession as a misdemeanor.
Several additional states had passed reclassification legislation that affected first-time convictions, but not successive convictions; included low-weight thresholds for the drugs possessed; or affected some, but not all, drugs. Reclassification of Drug Offenses: classification of illegal drug possession and use crimes. Issue 1 would have made the possession, procurement, or use of illegal drugs or drug paraphernalia a misdemeanor.
As of , the state of Ohio considered possession of illegal drugs and paraphernalia to be misdemeanors or felonies, depending on the type of drug and the amount possessed. The ballot initiative would have prohibited punishments for drug possession from exceeding those for a first-degree misdemeanor. For first-time or second-time convictions within a month period, the ballot initiative would have prohibited punishments that include prison time.
For third-time convictions within a month period, prison time would have been an option. Punishment for Probation Violations: changes to publishments for non-criminal probation violations. Issue 1 would have prohibited courts from ordering that persons on probation for felonies be sent to prison for non-criminal probation violations. The ballot initiative would have required graduated responses for non-criminal probation violations.
The concept of graduated responses would have been defined as a scale of punishments based on protecting communities, holding people able, preventing repeat offenders, providing appropriate responses for illegal actions, and reinforcing law-abiding behavior. Sentencing Credits: credits to complete sentences earlier.
In Ohio, sentencing credits are days subtracted from an inmate's court-ordered sentence for certain accomplishments. Credits would have been applied to 25 percent of an inmate's sentence. The DRC would have been allowed to grant up to 30 days of additional sentence credits for completing rehabilitative, work, or educational programs. This provision would not have been applied to individuals convicted of murder, rape, or child molestation. Distribution of Savings: calculation of savings and dedicated spending Issue 1 would have required that state funds saved due to a reduction of inmates, resulting from the initiative's implementation, be spent on substance abuse treatment programs, crime victim programs, probation programs, graduated responses programs, and rehabilitation programs.
The Ohio State Legislature would have budgeted for the projected savings in each biennial spending plan. The ballot initiative would have required that for the first three budgets , the state legislature distribute the savings as follows: . Beginning with the biennial budget, the state legislature would have been allowed to determine distribution percentages, as long as at least 50 percent went to substance abuse treatment programs and services and at least 10 percent to crime victim programs.
Issue 1 would have provided the state legislature with a formula to calculate state funds saved due to a reduction of inmates in state prisons, as resulting from the initiative's implementation. The official ballot title was as follows: . The following text would have been added: . The People of the State of Ohio find and declare that drug addiction is a serious societal problem that presents issues of public health and safety and incarcerating users rather than by providing treatment poses a threat to public safety and is an inefficient use of criminal justice resources, and further find and declare that prison spending should be focused on violent and serious offenses and preparing individuals for release through rehabilitation while maximizing alternatives for non-serious non-violent crime.
The funds disbursed pursuant to this Section are intended to supplement, not supplant, funding obligations of the state and local governments. The state department of mental health and addiction services, or its successor, shall award the grants pursuant to an application program with an emphasis on the demonstrated need of the population to be served by the applicant, the applicant's proposed use for the funds, and the applicant's demonstrated ability to achieve successful with effective programs. The state department of mental health and addiction services, or its successor, shall conduct a biennial evaluation of the efficiency and effectiveness of the substance abuse treatment programs and services funded under this Section.
To reduce further victimization of underserved victims of violent crime, at least half of such funds shall be disbursed to the attorney general for a grant program funding victim trauma recovery services. The attorney general shall conduct a biennial evaluation of the efficiency and effectiveness of the trauma recovery services for crime victims funded under this Section. Under any adjusted ratio of funds by the general assembly, no less than fifty percent of the total funds shall be disbursed for substance abuse treatment programs, services and supports, and no less than ten percent for crime victim trauma recovery services.
The Ohio Department of Rehabilitation and Correction, or its successor, shall grant to an incarcerated individual one half of one day of credit toward satisfaction of the individual's stated sentence for each day they participate in appropriate rehabilitative, work, or educational programming, up to a maximum of twenty-five percent of the individual's stated sentence. The Ohio Department of Rehabilitation and Correction may, at its discretion, grant up to thirty days of additional credit toward satisfaction of an individual's stated sentence for completion of appropriate rehabilitative, work, or educational programming.
This division shall not apply to any individuals who are serving sentences of death or life without the possibility of parole, nor to individuals serving sentences for murder, rape, or child molestation. With respect to state laws that make possessing, obtaining, or using a drug or drug paraphernalia a criminal offense, in no case shall any offense be classified higher than a misdemeanor. The misdemeanor classification may be a general classification or a special classification for the offense. The sanctions authorized may not exceed those of a first-degree misdemeanor, and, for an individual's first or second conviction within a twenty-four month period, the sanctions shall not exceed probation.
If an individual has more than two convictions within a twenty-four month period, then sanctions may include jail time or probation in lieu of jail time. Within ninety days of the effective date of this Section, each trial court with jurisdiction to revoke an adult's or juvenile's probation for a non-criminal violation shall prepare and submit for approval to the Ohio Department of Rehabilitation and Correction, or its successor, guidelines for graduated responses that may be imposed for such violations.
An individual who, on or after the effective date of this Section, is on probation for a felony offense shall not be sent to prison on a probation revocation for non-criminal violations of the terms of their probation. Non-criminal violations shall be dealt with in accordance with guidelines for graduated responses. Divisions D and F of this Section do not apply to convictions for the sale, distribution, or trafficking of drugs or to convictions for any drug offense that, based on volume or weight, and as of January 1, , was classified as a first, second, or third-degree felony offense.
Nothing in this Section shall be construed as applying to, changing, or affecting laws or sentencing for the incarceration of individuals convicted of murder, rape, or child molestation. This schedule of responses may include, but is not limited to, drug treatment, community service, fines, electronic monitoring, detention other than in a county or municipal jail, detention in a county or municipal jail, but only upon the court making a finding and setting forth a particularized factual basis that the individual presents a risk to themselves or the public, and earned rewards, such as reduced sentences for compliant conduct as the trial court deems appropriate.
An action that in a criminal conviction is not a noncriminal violation under this Section. This Section shall supersede any conflicting state and local laws, charters, and regulations or other provisions of this constitution. The FKGL for the ballot title is grade level The word count for the ballot title is , and the estimated reading time is 44 seconds. In , for the statewide measures on the ballot, the average ballot title or question was written at a level appropriate for those with between 19 and 20 years of U.
Read Ballotpedia's entire ballot language readability report here. The Ohio Safe and Healthy Communities Campaign , also known as Yes on 1 , led the campaign in support of the ballot initiative. VOTE YES on Issue 1 to reduce the of people in state prison for low-level, nonviolent crimes and put the money to better use by directing savings to drug treatment and crime victims. Issue 1 will save tens of millions of dollars annually in prison spending and direct the savings to addiction treatment and victims of crime.
Issue 1 requires misdemeanors instead of felonies for low-level drug possession offenses and requires community service, treatment or local jail, instead of state prison, for people convicted of these crimes or who break probation rules such as missing a meeting.
Treatment and supervision work better to improve public safety than a revolving prison door. Experts agree that requiring people to earn their way out of prison through rehabilitation reduces the likelihood they'll commit more crimes. No one convicted of murder, rape or child molestation will benefit from any aspect of this measure. Issue 1 has bipartisan support from law enforcement, mental health and addiction treatment providers, nurses, faith leaders, and victims of crime. Vote "NO" on Issue 1.
On November 6, , voters in Ohio selected a candidate to succeed term-limited incumbent John Kasich R as the state's governor. Kasich said he agreed with some of the initiative's provisions but that other provisions went too far and he planned to vote against Issue 1.
DeWine won the election. There was one ballot measure committee registered in support of Issue 1—the Ohio Safe and Healthy Communities Campaign. The contribution and expenditure totals for the committee in support of the initiative were as follows: . The following were the top six donors who contributed to the support committee: . The contribution and expenditure totals for the committee in opposition to the initiative were as follows: .
The following were the top six donors who contributed to the opposition committee: . To read Ballotpedia's methodology for covering ballot measure campaign finance information, . Ballotpedia did not find any media editorial boards supporting Ohio Issue 1. If you are aware of an editorial, please it to editor ballotpedia. The U. Department of Justice released estimates of the of people incarcerated in each state in The incarceration rate s for people in state prisons, federal prisons, or local jails. The average state incarceration rate in was persons per , U. The incarceration rate in Ohio in was The states with the lowest incarceration rates included Vermont , Massachusetts , and Rhode Island The states with the highest incarceration rates included Oklahoma 1, , Louisiana 1, , and Mississippi 1, Ohio Issue 1 would have used a formula to calculate how much state revenue is saved due to decreases in the of incarcerated persons in state prisons, as resulting from the initiative.
Issue 1 would have valued fewer incarceration days in state prisons at: . The following map illustrates the state spending on prisons in the United States: . Voters considered ballot measures addressing criminal justice in nine states in In Georgia, Kentucky, Nevada, North Carolina, and Oklahoma voters decided amendments known as Marsy's Law , a set of constitutional protections for crime victims. The remaining criminal justice ballot measures included:.
In Ohio , the of atures required to get an initiated constitutional amendment placed on the ballot is equal to 10 percent of the votes cast in the preceding gubernatorial election. Ohio also requires initiative sponsors to submit 1, atures with the initial petition application. Ohio has a ature distribution requirement , which requires that atures be gathered from at least 44 of Ohio's 88 counties.
Petitioners must gather atures equal to a minimum of half the total required percentage of the gubernatorial vote in each of the 44 counties. Petitions are allowed to circulate for an indefinite period of time. atures are due days prior to the general election that proponents want the initiative on.
County boards of elections are responsible for verifying atures, and the secretary of state must determine the sufficiency of the ature petition at least days before the election. If the first batch of atures is determined to be insufficient, the petitioners are given a ten-day window to collect more atures.
The initiative was filed on December 1, , along with more than 4, initial atures, with the attorney general. On July 4, , the support campaign reported filing more than , atures for the ballot initiative. At least , aroundWhat is Ohio problem
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