IS OHIO HOUSE BILL 313 LEGISLATIVE PANIC? IF PASSED, THIS BILL VIRTUALLY ELIMINATES PAROLE IN OHIO

• NCJ Number: 54399
• Journal: Quarterly Volume: 35 Issue: 2 AND 3 Dated: (JUNE AND SEPTEMBR 1978) Pages: 82-88
• Author(s): R J STANKO
• Date Published: 1978
• Length: 7 pages
• Corporate Author: Pennsylvania Assoc on Probation, Parole & Correction
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

OHIO HOUSE BILL 313, WHICH CHANGES THE METHOD OF SENTENCING FOR A FELONY CONVICTION FROM AN INDETERMINATE METHOD TO A DETERMINATE (FIXED) SENTENCE IS DISCUSSED.

Abstract

THE BASIC PHILOSOPHY SUPPORTING INDETERMINATE SENTENCING IS THAT CRIMINALS CAN BE REHABILITATED AND THAT PUNISHMENT SHOULD FIT THE CRIMINAL AND NOT THE CRIME. DETERMINATE SENTENCING, ON THE OTHER HAND, IS STEEPED IN THE PHILOSOPHY THAT SENTENCING SHOULD BE DESIGNED FOR PUNISHMENT. OHIO HOUSE BILL 313 WOULD SET FELONY PENALITIES BY STATUTE. THIS WOULD RADICALLY REDUCE THE AMOUNT OF A JUDGE'S ALLOWED DISCRETION. UNDER THE NEW BILL, THERE WOULD BE ONLY FOUR INSTANCES OF MITIGATING OR AGGRAVATING CIRCUMSTANCES, WHICH CARRY A SET NUMBER OF YEARS TO BE ADDED OR SUBTRACTED FROM THE SENTENCE DEPENDING WHETHER THE DEFENDANT IS A FIRST, REPEAT, OR DANGEROUS OFFENDER: (1) THE OFFENSE NEITHER CAUSED NOR THREATENED SERIOUS PHYSICAL HARM TO PERSON OR PROPERTY; (2) THE OFFENSE WAS THE RESULT OF CIRCUMSTANCES NOT LIKELY TO REOCCUR; (3) THE DEFENDANT ATTEMPTED OR INFLICTED SERIOUS BODILY INJURY ON ANOTHER; AND (4) THE DEFENDANT BY THE DUTIES OF HIS OFFICE WAS OBLIGED TO PREVENT THE PARTICULAR OFFENSE OR TO BRING THE OFFENDERS COMMITTING IT TO JUSTICE. ONCE SENTENCED, THE OFFENDER IS ALLOWED TO ACCUMULATE 'GOOD TIME' IN PRISON. THE BASIC ARGUMENT IN FAVOR OF REDUCING DISCRETION IS THAT IT HAS BEEN ABUSED AT ALL LEVELS. OPPONENTS OF THE BILL CLAIM THAT THE NEW LEGISLATION MERELY REMOVES DISCRETION FROM THE COURTS AND CORRECTIONS AND PLACES IT ALL IN THE HANDS OF POLICE AND PROSECUTION. PAROLE WILL VIRTUALLY DISAPPEAR. GROUPS SUPPORTING THE BILL FEEL THAT REHABILITATION HAS FAILED AND THAT DETERRENCE EFFORTS SHOULD BE STRENGTHENED. SWIFT AND HARSH PENALTIES ARE VIEWED AS NECESSARY TO DETERRENCE. GROUPS IN FAVOR OF THE BILL ALSO CITE RECIDIVISM RATES AS EVIDENCE AGAINST THE REHABILITATIVE PROGRAMS IN OHIO. GROUPS ARE NOT IN AGREEMENT OVER THE IMPACT THAT BILL 313 WILL HAVE ON THE PRISON POPULATION. A SELECTED BIBLIOGRAPHY IS APPENDED. (AUTHOR ABSTRACT MODIFIED)