Participants go before a judge, who might offer to eliminate lengthy prison sentences if drug users obtain treatment. Ohio Issue 2, Citizenship Voting Requirement Amendment (2022) A man who was charged with raping a 10-year-old girl was let out after a judge set his bond at $100,000. majority yes vote is necessary for the amendment to pass. "There are judges who say that after this ruling that their hands are tied and they can't consider public safety," Mike Weinman with the Fraternal Order of Police of Ohio said. On Wednesday, May 10, the Ohio General Assembly adopted Senate Joint Resolution 2, a proposed constitutional amendment that, if passed by a simple majority of Ohio voters, will raise the threshold to pass future constitutional amendments to 60% of the vote. He provided three examples: Leland instead wants the legislature to pass a bipartisan bill hes sponsoring, House Bill 315, which he said expands the instances under which a judge may keep someone locked up without bail until trial if the person is a threat to society. In January, a majority on the Ohio Supreme Court sided with current state law, prohibiting a court from setting excessive bail. "They attempt to portray this as mean-spirited or anti-immigrant," LaRose said. (An added bonus is to taxpayers from the considerably lowered jail costs of not unnecessarily incarcerating folks awaiting trial.) E. Headings . Current rules allow up to 8 percent reduced. Under federal law, someone caught with less than 40 grams of fentanyl would face between zero and 20 years in prison, depending on the judge's discretion. Altogether, those reductions could save about $373,210 a day or $136 million a year. There is an effort now to raise the minimum wage, and there is another in the works to put forward redistricting reform to prevent gerrymandering. On Cincinnati Edition, we'll discuss the pros and cons of Issue 1 with someone who supports the measure and someone who opposes it. What this amendment would really do is strip restrictions on excessive bail, which Clum said could lead to a two-tiered justice system. More LOCAL to Love. The reforms were then set to become law in July 2020, unless the legislature rejected them. Here's an in-depth explanation you should read before heading to the polls. Early voting begins July 11. Notifications can be turned off anytime in the browser settings. Issue 1 is problematic for three reasons. Additionally, it would require courts to consider public safety and other factors when setting them. After years of study on how to improve the bail system, the states judiciary branch in 2020 changed part of Ohio Criminal Rule 46 to say, the court shall release the defendant on the least restrictive conditions that, in the discretion of the court, will reasonably assure the defendants appearance in court, the protection or safety of any person or the community, and that the defendant will not obstruct the criminal justice process., For cash bail, Criminal Rule 46 laid out the factors a judge can consider: If the court orders financial conditions of release, those financial conditions shall be related to the defendants risk of non-appearance, the seriousness of the offense, and the previous criminal record of the defendant.. Since the decision, prosecutors and judges from around the state have expressed concern that without the consideration of public safety, dangerous and violent criminals may be released back onto Ohios streets. 2023, Charter Communications, all rights reserved. * Send a letter to the editor, which will be considered for print publication. Ohio Capital Journal/WEWS viewers and readers have sent in dozens of questions about Issue 1 the GOP proposal to make it more difficult to amend the Ohio Constitution ahead of the likely abortion legalization vote. Give Light and the People Will Find Their Own Way, Ohio lawmakers argue over conflicting bail legislation. The argument is anyone with that many drugs must be sharing them or selling them. It concurred with the appeals courts finding that setting a high bail in order to keep someone accused of a crime incarcerated pretrial is both statutorily and constitutionally unlawful.. To pass, Issue 1 needs a majority (more than 50%) yes vote. Piet Van Lier, a senior researcher for Policy Matters Ohio, said he believes Issue 1 was written to intentionally mislead Ohioans about broader conversations related to overhauling the state of bail. And those caught using a first-, second- or third-degree amount of drugs could still face prison for drug possession. Our Spectrum News app is the most convenient way to get the stories that matter to you. "The language is vague, I'll admit, but it does give the General Assembly some flexibility to intercede if they are confronted with a large group of activist judges who are acting on their own and not in the spirit of the law and what the people of the state of Ohio want," he said. Those opposing the amendment say it would make it more difficult to prosecute drug traffickers, takes away available resources?from the court for rehabilitating people and doesn't give judges the ability to use incarceration when it's necessary. Newhouse School of Public Communications, Trau has previously worked as an investigative, political and fact-checking reporter in Grand Rapids, Mich. at WZZM-TV; a reporter and MMJ in Spokane, Wash. at KREM-TV and has interned at 60 Minutes and worked for CBS Interactive and PBS NewsHour. The proposal would amend the Constitution and require Ohio courts, when setting bail, to consider public safety, the person's criminal record, the likelihood the accused will return to court and any other factor the Ohio General Assembly decides. Strong storms knock out power for thousands in Franklin, Fairfield counties, Circleville officer on leave after deploying K9 on truck driver surrendering after chase. That's more difficult to guess. Copyright 2022 91.7 WVXU. Ohio Issue 1, the Determining Bail Amount Based on Public Safety Amendment, appeared on the ballot in Ohio as a legislatively referred constitutional amendment on November 8, 2022. To see more, visit 91.7 WVXU. To assess the pros and cons of Issue 1 in 2023, we asked resolution sponsor Sen. Proponents of State Issue 1 frame it as a referendum on abortion to drive single-issue voter turnout in the August 8 election. The One Person One Vote campaign released its first statewide TV ad Tuesday morning. What is Issue 1 pros and cons: A ruse to 'own the libs' or fix Ohio But down-ballot, you will see two issues. * Email general questions about our editorial board or comments or corrections on this editorial to Elizabeth Sullivan, director of opinion, at esullivan@cleveland.com. Two state issues are on the ballot in Ohio. Ohioans should protect cash bail reforms and vote no on Statewide Issue 1. A Charter of Democracy: Teddy Roosevelt's speech to the 1912, Ohio government is already captured by radical special, They called 911 for help. "Ideas like this tend to spread over a period of time," LaRose said. By Tim Young, Ohio Public Defender, Ohio Lawyer, October 17, 2022. However, prosecutors and GOP politicians argue that a fourth-degree felony amount of drugs is still a lot of drugs. Under the Criminal Rule 46 bail reforms of a few years ago, safety is explicitly highlighted statutorily as something that shouldnt factor into finanancial conditions of bail but instead should be considered in that hearing on whether a person poses sufficient threat to others to hold them without bail. This really comes down to public safety, and safety for our communities.. Lower-income Ohioans who couldnt come up with the cash sat in jails, setting off a cascade of problems that included job loss, falling behind on house or car payments, and an inability to parent their children, said state Rep. David Leland, a Columbus Democrat who opposes Issue 1. Cookie Settings/Do Not Sell My Personal Information. The Capital Journal combines Ohio state government coverage with incisive investigative journalism, reporting on the consequences of policy, political insight and principled commentary. In Ohio, the penalties for drug offenses depend on how much of a drug and what type of a drug is used. Anyone who has ever been there would tell you so. The View From Both Sides: State Issue 1 - ohiobar.org What is Ohio Issue 1? Separating fact from fiction on divisive drug State Issue 1 would make Ohio one of the toughest states for citizens Notifications can be turned off anytime in the browser settings. Every year, the secretary of state's office uses official records to identify non-citizens who are registered to vote. Issue 1 seeks to enshrine in the Ohio Constitution a judges authority to consider certain public-safety factors when determining bail. A graduate of Syracuse Universitys S.I. Proponents of Issue 1 say people found with larger amounts of fentanyl are regularly charged with drug trafficking, attempted drug trafficking or child endangerment. A native of Dayton, Ohio, Wilkinson has covered every Ohio governors race since 1974 as well as 12 presidential nominating conventions. The Vote Yes campaign also sent an update Tuesday on how its canvassing is going. But they shouldnt be playing political games with the safety of the people of Ohio.. A lethal dose of fentanyl can be as small as 2 milligrams. The Argument for Issue 1 By Theresa Gavarone, Ohio State Senator, Ohio Lawyer, October 17, 2022 "Detective, there is another report of a car with shattered windows, a laptop stolen and nothing left in the car except a burned out cigarette." "On Main Street, again? Others claim it will cure Ohio's drug problem. Ohio Capital Journal maintains editorial independence. Ohio August special election: What to know about Issue 1 amendment "It seems to me like a way for the Republicans to bait their base and get them fired up about the election," Housh said. Under Issue 1, money saved would go toward drug treatment (70 percent), trauma care for crime survivors (15 percent) and local governments to adjust to new rules (15 percent.). Issue 1 would raise the threshold needed for voters to approve an abortion rights amendment that could appear on the Nov. 7 ballot, which would enshrine access to abortion in Ohio in the. Among the most prominent figures in the campaign are Ohio Attorney General Dave Yost and Hamilton County Prosecutor Joe Deters. a man who was awaiting trial for armed robbery while he was free on a $200,000 bond. Two years ago, the Greene County village of Yellow Springs voted to allow its 27 non-citizen residents to vote in local elections. Say no to war. All were trying to do is get things back to the way they were, LaRe said. Misdemeanor drug convictions bar people from 250 careers. The majority opinion was per curiam, or unanimous, of Chief Justice Maureen OConnor, a Republican, and Democratic Justices Melody Stewart and Jennifer Brunner. Police and prosecutors used a new. For example, nearly 1 kilogram of marijuana would be enough for 3,000 blunts if each were a third of a gram. Issue 1, the sole issue on the special August 8 ballot, is known as a ballot initiative. LaRose bristles at the suggestion that Issue 2 is aimed at stirring up hatred of immigrants. No on State Issue 1, altering bail rules in Ohio: endorsement editorial That might be a little high. The proposed amendment stems from an Ohio Supreme Court ruling in early 2022, and although supporters say Issue 1 aims to return courtrooms to the status quo, opponents argue it looks at the purpose of bail incorrectly. The most worrying part about that is the Legislature would get to take over those restrictions, she added. By browsing this site, we may share your information with our social media partners in accordance with our Privacy Policy. 50% Off Unlimited Digital Access. Fentanyl is a potent opioid used legally as a pain medication and for anesthesia, when combined with other drugs. Ohio Supreme Court Justice Michael Donnelly stated that the bond amount was calculated to be high enough to where DuBose couldn't afford it. John Kuntz file photo | For cleveland.com, A shooting at a Butler County Walmart that killed a shopper and wounded a worker, allegedly by. Considering the ruling, State Rep. Jeff LaRe, ROH 77, and State Rep. D.J. Despite the largely partisan split of the Ohio Supreme Court case and proposal in the General Assembly, the campaigns spokesman, Gene Pierce, said the coalition wants to attract a broad range of people, including Democrats. However, State Issue 1 also would leave intact Ohio's statewide requirement that campaigns collect a number of signatures equal to 10% of the most recent election for governor, or around 441,000 . Weinman said the proposed amendment will keep dangerous criminals off the street, but Niki Clum with the Office of the Ohio Public Defender argued that isnt true. In its simplest terms, Issue 1 takes the Ohio Supreme Court out of evaluating whether bail is fair, said David Niven, a political science professor at the University of Cincinnati. "The [lawmakers] aren't experts in bail procedures," she said. Thats why so much energy has been invested in cash bail reform in Cuyahoga County and elsewhere, and why Ohio bail rules were reformed a few years ago. Under Issue 1, judges would need to consider several factors, including the seriousness of the offense, as well as a persons criminal record, the likelihood the person will return to court, and any other factor the Ohio General Assembly may prescribe. On August 8, Ohioans will decide onIssue 1, which would raise the threshold for a constitutional amendment to pass from a simple majority, or 50% plus one to 60%. Community Rules apply to all content you upload or otherwise submit to this site. John Kasich recently signed a law to crack down on people who sell this dangerous drug. Mike DeWines son, said the ruling undermines the safety of our communities.. We created a 2022 midterm elections guide,which is updated daily based on the changing candidacies. Q: Why havent I seen anything about this? The proposal . Early voting in the Nov. 8 election has begun. The Argument Against Issue 1 - Ohio Bar Circleville officer on leave after deploying K9 on truck driver surrendering following chase, 'We're not leaving Northeast Ohio': Cleveland Browns owners Jimmy and Dee Haslam give update on stadium talks, Air Quality Advisory issued for Northeast Ohio on Tuesday, Guide to everything you should know before voting in Ohio, More than 90 percent of drugs analyzed at the Hamilton County crime lab, Connecticut legislators passed more lenient rules, That happened in California's San Diego County, prison population would be reduced by more than 10,000 people. She and other opponents like the ACLU and Policy Matters Ohio believe this promotes the theory guilty until proven wealthy. Conservative think-tank the Buckeye Institute also shared the same concerns back when they testified against Issue 1 when it was still a joint resolution in the House. In January 2022, the Ohio Supreme Court voted 4-3 to uphold a lower courts decision that reduced the bond to $500,000, ruling that the $1.5 million bail amount was unconstitutionally excessive. Article I, Section 19a | Damages for wrongful death. Issue 1 would allow prisoners to reduce their sentences by up to 25 percent by completing educational, work or rehabilitative programs while incarcerated. "Unfortunately, a lot of those times [criminals] do go back because they want to intimidate the complainant, the person that they've abused and tried to stop them from going forward and drop the charges and things like that," he said. In Ohio, the legislature is doing committee work on a separate plan that would create a presumption against cash bail. The idea was that jails had become similar to debtors prisons. You've heard about Issue 1, but what does it really mean? Issue 1 would impact every citizen-proposed constitutional amendment. (File). It is reaching out to county prosecutors, local law enforcement and county sheriffs. "You have a domestic violence case where the person is a doctor or a lawyer they have a lot of means, but they are dangerous to their spouse that they have abused," she said. Ohio Issue 1: The Pros And Cons 91.7 WVXU | By Dan Hurley Published October 17, 2018 at 4:00 AM EDT Listen 25:25 Wikimedia Commons / On November 6, Ohio voters will decide on State Issue. The Ohio Supreme Court also restated that the court absolutely should consider public safety and they can do that in several ways.. If Issue 1 passes, both of those would need 60%, instead of 50% to pass. . The most recent report from LaRose identified 11 people. Democratic Justice Michael Donnelly agreed with the conclusion but wrote a concurring opinion with his own legal reasoning. Along with politics, Wilkinson also covered the 2001 Cincinnati race riots; the Lucasville Prison riot in 1993; the Air Canada plane crash at the Cincinnati/Northern Kentucky International Airport in 1983; and the 1997 Ohio River flooding. The Ohio Public Defenders office supervises the indigent defense system a network of attorneys who work with clients who cant afford legal counsel throughout the state. Hopefully, this illogical decision will be corrected on the November ballot by State Issue 1, which is a constitutional amendment that will allow judges to consider public safety when setting a bond., However, on Wednesday, a spokeswoman for OMalley said, hes staying neutral on Issue 1 and, hes always been neutral.. Issue 1 one of two state constitutional issues on the ballot is a proposed amendment to the states constitution that would require judges to consider public safety when determining a defendants bail. LaRose said it is necessary to put a ban on non-citizens voting in local elections in the Ohio Constitution because Ohio law "is silent on that subject.". The Argument for Issue 1 - OSBA Issue 1 would remove the Ohio Supreme Court's authority on determining bail amounts and conditions. Some say it will destroy the state. For certain offenses, not all offenses, judges can deny bond to them.. COLUMBUS, Ohio Ohio voters will be asked Nov. 8 whether to amend the Ohio Constitution to require judges to consider public safety when setting cash bail for those accused of crimes. OCJ/WEWS broke the story that after months of denial, LaRose finally admitted that the August special election was about abortion. Weinman and supporters like the Ohio Prosecuting Attorneys Association and bail bondsmen say repeat offenders who have already shown to be a threat dont deserve to be out terrorizing victims. The state will hold an Aug. 8 special election on Issue 1, a proposal that would change the rules for enacting new constitutional amendments. The ballot initiative has inspired vigorous debate from both sides of the political spectrum. Ohio Capital Journal is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Now this Greene County village of 3,972 souls, east of Dayton, find themselves at the heart of a a GOP-backed campaign to pass Issue 2 on the November ballot, a ballot issue that would put specific language in the Ohio Constitution banning non-citizens from voting in local elections. In some instances, judges can also altogether deny a person bail if they do not think the public would be safe with them released into the community. Domestic abuse cases are stressful for police because while they are filling out the paperwork, the alleged abuser goes back to the home before they are finished writing. "Do you want someone who was just shot and killed, the man walking down the street in your neighborhood?". By browsing this site, we may share your information with our social media partners in accordance with our. Use of and/or registration on any portion of this site constitutes acceptance of our User Agreement (updated 4/4/2023), Privacy Policy and Cookie Statement, and Your Privacy Choices and Rights (updated 7/1/2023). COLUMBUS -- Hyperbolic claims about Ohio Issue 1 have already hit the airwaves and opinion pages statewide. A recent Spectrum News/Siena College poll of Ohio voters showed 59% said they would vote "yes" on Issue 2, while only 38% said they would vote "no.". It's difficult to say exactly how many people would be spared a prison sentence because of Ohio Issue 1. Its 100% about keeping a radical pro-abortion amendment out of our constitution, Sec. One council member wants it repealed, Metro expanding service to new Greyhound station in Arlington Heights, Cuyahoga, Hamilton, Montgomery counties have the highest prevalence of Alzheimer's in Ohio, Players from Joe Nuxhall's Miracle League Fields hit the road this week for the first time, Republican firm's poll shows Beshear up 10 points on Cameron in Ky. governor's race, A Columbus zoo gorilla thought to be a male has given birth, CPD officer attacked with own Taser, baton at Sawyer Point Park, FOP president says, PHOTOS: Cincinnati Black Music Walk of Fame grand opening, Nearly 185,000 ballots cast in early voting so far for Ohio's Aug. 8 election. Its also a solution that will cause future problems. As such it. For over 100 years, Ohio's Constitution has guaranteed. Election officials testing voting machines for accuracy, Politicians target middle-of-the-road voters with record ad spending, Election Day is Nov. 8, but legal challenges already begin, California Consumer Limit the Use of My Sensitive Personal Information, Do Not Sell or Share My Personal Information/Opt-Out of Targeted Advertising, Issue 1 is a proposed amendment to the Ohio Constitution that would require judges to consider public safety when determining a defendants bail, The ballot initiative is the result of an Ohio Supreme Court decision in January that only the risk of non-appearance could be considered when deciding on cash bail, Ohioprosecutors and judges expressed concern that ruling may allow dangerous and violent criminals back onto Ohios streets, Opponents of Issue 1 say it unfairly affects the poor and people who can't afford to post bail. If someone is rich, (the judge) can set a very high bond to reflect whats needed for public safety, he said. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. "We weren't trying to start anything with the state; people here just believed their neighbors who are part of this community should have a say in how it is run," said Brian Housh, president of the Yellow Springs Village Council. The argument against State Issue 1 A group of Democratic state legislators say the proposal would "destroy citizen-driven ballot initiatives as we know them," "take away our freedom by. Among them are Ohio Attorney General Dave Yost and Hamilton County Prosecutor Joe Deters, both Republicans. The Cuyahoga County jail at the Justice Center in a 2012 file photo.The Plain Dealer. Article I, Section 19b | Protect private property rights in ground water, lakes and other watercourses. However, when a prosecutor tried to define fentanyl in that way looking at the usual dose range for a similar opioid: morphine the Ohio Supreme Court said that wasn't permitted. The legislature does not, Clum said. Who to believe on Ohio's Issue 1? Read all our opinion coverage before Policy Matters Ohio, a left-leaning think tank, estimated the prison population would be reduced by more than 10,000 people if Issue 1 passed. "In some times, the court will actually need to have what's called a pretrial detention hearing because some people are dangerous and they should be in jail pretrial," Clum added.
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