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Proposed Reforms to Ohio's Corrections, not without controversy
By Jessica Alaimo
Published: 05/09/2011

Judge Richard Berens knows there are problems with Ohio's corrections system and more needs to be done to help ex-prisoners adjust back into society.

But the Fairfield County Common Pleas judge also thinks the people he sends to prison belong there.

State lawmakers have proposed sweeping reforms to Ohio's corrections system. A comprehensive bill passed the House on a 96-2 vote Wednesday, and it's been the subject of ongoing Senate committee hearings. Gov. John Kasich supports the measure.

While Berens supports the bill's efforts to reduce recidivism and boost rehabilitation, he fears some provisions will tie judges' hands and put more stress on county departments.

The legislation would mean first-time, nonviolent, low-level felony offenders could not be sent to state prison, and instead would get three years probation. The bill also doubles the threshold for felony-level thefts, meaning more would head to the county jail on theft charges.

When sentencing, judges say they already consider alternatives to prison and issue them when they see fit.

"I consider this sentencing law to be an attempt to micromanage the court, which ultimately shifts costs from the state to the local level of incarceration," Berens said.

He is not alone in his concerns. The chairman of a key Senate panel also has reservations, along with several other local leaders.

However, bill sponsor Sen. Bill Seitz, a Hamilton County Republican, said the bill provides county jails with the means to save costs.

Counties can establish Community Alternative Sentencing Centers for offenders sentenced to 30 days or less. These facilities will have less security, meaning cost less.

However, the legislation doesn't provide funds to counties to construct these facilities. Seitz said funds for these programs will come as the state saves money in the prisons.

"We're not going to pocket all the savings," Seitz said. Instead, the state would "reinvest that on community corrections and strengthening the probation system."

A first-time felon still could have a laundry list of misdemeanor convictions plea-bargained down from felony charges, said state Sen. Tim Grendell, R-Chesterland, who chairs the Senate Judiciary Committee on Criminal Justice.

Without prison as an option, such felons would end up in a county jail, officials say.

Most jails already are overcrowded, some with waiting lists and others paying about $100 a day to house inmates elsewhere.

A judge should be able to use his own discretion, Berens said.

"I'm against the Legislature painting with such a broad brush. Each county is different. Judges should decide who goes to prison, not politicians," he said.

Judge John Dewey, of the Sandusky County Common Pleas Court, agrees.

"I'm a little concerned about where we put them," Dewey said. "A lot of times these people have a track record of 30 to 40 criminal incidents, and probably have worn out their welcome (in the community)."

Most of the offenders the bill targets usually aren't prison-bound anyway, Grendell said.

"A judge knows who's high risk, so the judge should have that authority," he said.

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