Matthew T. Mangino
The Youngstown Vindicator
July 15, 2018
When crime rises, the first inclination of lawmakers is
punishment. Longer sentences, mandatory minimums and extended periods of
supervision all add to the cost of the criminal justice system with little
impact on the rate of recidivism.
For politicians, that’s a tough sale to the public. Trying
to convince taxpayers that it’s more prudent and cost effective to invest in
rehabilitation rather than punishment can cost a lawmaker his job.
Ohio is in a position to proceed with meaningful sentence
reform without waiting on politicians to act. A bipartisan coalition of
community, law enforcement, faith and business leaders has proposed a ballot
measure for November to reduce penalties for nonviolent drug offenders.
Signatures
Supporters of the “Neighborhood Safety, Drug Treatment and
Rehabilitation” amendment submitted 730,031 signatures recently to the various
county election boards. The Ohio Secretary of State has until July 24 to
certify or reject signatures. To qualify for the ballot, 305,591 valid
signatures of Ohio registered voters are needed.
The reform initiative comes at a time when Ohio is in the
midst of one of the nation’s most lethal periods of drug abuse. Ohio’s drug
overdose deaths rose 39 percent – the third-largest increase nationwide –
between mid-2016 and mid-2017, according to figures released earlier this year
by the federal government.
The state’s opioid crisis continued to explode in the first
half of last year, with 5,232 Ohio overdose deaths recorded in the 12 months
ending June 30, 2017, according to the Centers for Disease Control and
Prevention.
Just across the border, Pennsylvania saw the largest
increase in overdose deaths during that same period.
The escalation of drug deaths in Ohio was nearly three times
the 14.4 percent increase in deaths nationally, which grew to about 67,000
across the U.S., according to government estimates.
In Columbus, Franklin County Coroner Anahi Ortiz said that
the more recent estimates are even more grim.
“Compare the first three quarters of 2017 to the first three
quarters of 2016,” Ortiz told the Columbus Dispatch. “So, an actual comparison
day by day – we’ve already seen a 57 percent increase.”
Fentanyl is what’s mostly spurring the additional deaths,
officials said. The synthetic opiate has been cut into the heroin supply and,
in some cases, replaced heroin that’s sold on the streets, reported the
Cincinnati Enquirer.
Fentanyl is more deadly because it’s about 50 percent
stronger than heroin and is being altered to create a more potent fentanyl,
according to the federal Drug Enforcement Administration.
Ohio’s reform initiative is risky. It is a long-term
investment when people are looking for an immediate fix. Money saved from those
affected by the amendment would be diverted to substance-abuse programs and to
crime victims’ services.
Under the drug treatment and rehabilitation amendment,
possessing, obtaining or using a drug or drug paraphernalia would be a
misdemeanor offense, with a maximum punishment of 180 days in jail and $1,000
fine. First and second offenses within a two-year period could only be punished
with probation. The amendment would not apply to drug dealers.
Half-day credit
Convicted individuals could receive a half-day credit
against their sentence for each day of rehabilitative work or programming, up
to 25 percent of the total sentence.
An individual on probation for a felony would not be sent to
prison for a non-violent violation of probation.
The question facing policy makers: Is public safety better
served by incarcerating drug offenders, or would drug treatment and prevention
programs be more efficient and effective at curbing drug abuse and promoting
public safety?
According to the Justice Policy Institute, studies by the
nation’s leading criminal justice research agencies have shown that drug
treatment, in concert with other services and programs, is a more cost
effective way to deal with drug offenders.
Ohio appears to be on the right track.
Matthew T. Mangino is of counsel with Luxenberg, Garbett,
Kelly & George P.C. His book “The Executioner’s Toll, 2010” was released by
McFarland Publishing. You can reach him at www.mattmangino.com and follow him
on Twitter @MatthewTMangino.
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