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. The Ohio Supreme Court was split 4-3 in upholding the reduction in bail for DuBose. The pros and cons of Ohio's Issue 1: Crime victim's rights WKYC Channel 3 217K subscribers Subscribe Share 3.3K views 5 years ago Ohio's Issue 1 would provide crime victims with. For certain offenses, not all offenses, judges can deny bond to them.. Instead, the Supreme Court ruled that only the risk of non-appearance could be considered when deciding on cash bail. Altogether, those reductions could save about $373,210 a day or $136 million a year. Issue 1 would impact every citizen-proposed constitutional amendment. It entrenches a failed status quo in our state constitution.. By voting no on it, Clum said you will oppose unconstitutional bail and support the current system. COLUMBUS, Ohio (WCMH) One of the ballot initiatives in front of Ohio voters Nov. 8 will ask whether judges should have to consider public safety when setting bail for people facing criminal charges. 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. Some say it will destroy the state. Q: Why havent I seen anything about this? Whats striking is, nationwide, theres been an awakening to the idea that bail often functions as punishment, Niven said. But its opponents say they believe the measure will disproportionately affect poorer defendants. Asked by WEWS anchor Courtney Gousman. In Ohio, the penalties for drug offenses depend on how much of a drug and what type of a drug is used. Deters office is prosecuting the case against DuBose. Issue 1 comes at a time of national debate over changes to bail systems. "Do you want someone who was just shot and killed, the man walking down the street in your neighborhood?". Issue 1 is aimed not just at making safety a consideration for cash bail (even though a really dangerous suspect should never be considered for bail), but also at removing the Ohio Supreme. 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. Leland said cash bail is an ineffective tool for protecting the public from potentially violent offenders, pointing to several instances where he said dangerous criminals committed crimes after making bail. The non-citizen population of Yellow Springs is by no means huge. Community Rules apply to all content you upload or otherwise submit to this site. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. (Contributed). How much will participation drop in Ohio? If someone is rich, (the judge) can set a very high bond to reflect whats needed for public safety, he said. A Charter of Democracy: Teddy Roosevelt's speech to the 1912, Ohio government is already captured by radical special, They called 911 for help. But Deters believes it is the Supreme Court itself that took the power away from the judges. According to the constitution, bail is not granted to a person who commits a capital offense where the proof is evident or the presumption great, or to a person who is charged with a felony where the proof is evident or the presumption great and who where the person poses a substantial risk of serious physical harm to any person or to the community.. Several states have eliminated felonies for possession of most drugs in recent years. In January, the Ohio Supreme Court ruled 4-3 that the initial $1.5 million bail set in a murder, burglary, and robbery case out of Cincinnati was excessive.. And he told the board of elections they can't accept voter registration forms from those Yellow Springs non-citizens. The court set DuBoses bond at $1.5 million, despite his attorney requesting an amount based on his finances and lack of criminal record. Leland, the state legislator, said that there is no organized opposition campaign to Issue 1. Two state issues are on the ballot in Ohio. COLUMBUS, Ohio Issue 1 on Ohio's 2022 general election ballot will allow voters to determine if judges should be required to consider public safety when setting bail amounts. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. "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. 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.. 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. Ohio Issue 1 also known as the Neighborhood Safety, Drug Treatment, and Rehabilitation Amendment would change the state's constitution to reduce drug penalties and send fewer people to prison. Issue 1 was then introduced in March by Republican Reps. Jeff LaRe and D.J. Angie Greer, the Columbus. <img height="1" width="1" style="display:none;" alt="" src="https://dc.ads.linkedin.com/collect/?pid=601754&fmt=gif" /> Once this goes to 60%, those bad things are permanently ensconced in our Constitution., Q: Other than abortion, what could issue 1 impact? Republicans in the Ohio General Assembly pushed for Issue 1 to be added to the November ballot after the Ohio Supreme Court ruled in January that the states judges must only consider public safety when setting non-cash bail conditions. Ten of them didn't actually cast a ballot. "It seems to me like a way for the Republicans to bait their base and get them fired up about the election," Housh said. The people who are really going to bear the brunt of this constitutional amendment are indigent Ohioans, said Niki Clum, the legislative policy manager for the office of the Ohio Public Defender. What did this amendment do? . That defendant will not get to the stage of cash bail at all -- and will be held until trial. "There is justice and there is liberty for wealthy people, but there's not for Ohioans who do not have as much money," she added. Asked by Amanda from Cleveland. This really comes down to public safety, and safety for our communities.. YouTubes privacy policy is available here and YouTubes terms of service is available here. "They need to be held accountable," Weinman said. This article was originally publishedon News5Cleveland.com and is published in the Ohio Capital Journal under a content-sharing agreement. Early voting in the Nov. 8 election has begun. That's more difficult to guess. Over 12,000 people are in jail on any given day who are not convicted to anything, said Leland, who works as an attorney outside the legislature. In that opinion, the majority held that an appellate court decision to slash a murder defendants cash bail from $1.5 million to $500,000 was merited, since the trial court never held a hearing on whether he posed a danger to others, so it couldnt subsequently shoehorn safety considerations into an excessive setting of financial conditions of bail. No, no, I wouldnt do that, he said in May. According to the legislative text, public safety might include factors such as the risk an accused person might pose to the community, how serious the offense was, and whether they have a previous criminal record. If passed, the amendment would go into effect immediately. Editorial Board, cleveland.com and The Plain Dealer, prohibit holding defendants on excessive bail, submitted the proposed Criminal Rule 46 bail reforms to the General Assembly in January 2020. Issue 1 ends majority rule in Ohio, undermining the sacred principle of One Person, One Vote shredding the idea that we, the people, decide happens here, handing corrupt politicians and special interests more control.. Swearingen. 2023 Advance Local Media LLC. In response, Deters emphasized that theres no monetary cap on a bond. Here are some facts about Ohio Issue 1 so you can decide whether to support or oppose it this fall. The court set a cash bail that they hope they couldn't pay, but oops, they can. More LOCAL to Love. Republican Justices Sharon Kennedy and Patrick Fischer and Pat DeWine dissented with each writing their own opinion. But down-ballot, you will see two issues. To pass, Issue 1 needs a majority (more than 50%) yes vote. In the next few weeks, Netflix is releasing 22 new titles. And what combination of cash bail and other means, such as GPS monitoring, will best secure his or her appearance? The ballot initiative has inspired vigorous debate from both sides of the political spectrum. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. The U.S. Census data from 2020 puts the number at 27. To see more, visit 91.7 WVXU. Additionally, it would require courts to consider public safety and other factors when setting them. New York state eliminated cash bail for many nonviolent offenses in 2020, raising similar concerns about public safety, and New Jersey also eliminated cash bail in 2017. (An added bonus is to taxpayers from the considerably lowered jail costs of not unnecessarily incarcerating folks awaiting trial.) The majority opinion was per curiam, or unanimous, of Chief Justice Maureen OConnor, a Republican, and Democratic Justices Melody Stewart and Jennifer Brunner. If passed, it would make it harder for voters to change the Consitution of the State of Ohio. Ohio's midterm election is coming up on Nov. 8. ", RELATED: Ohio lawmakers argue over conflicting bail legislation. But Issue 2 on the November ballot could take away their power to do that. The Ohio Capital Journal is an independent, nonprofit news organization dedicated to connecting Ohioans to their state government and its impact on their lives. On Jan. 4, the Ohio Supreme Court upheld a state appellate courts reduction of bail from $1.5 million to $500,000 in a murder case originating in Hamilton County. Current rules allow up to 8 percent reduced. Each team is out in the community, so viewers will probably see them petitioning across Ohio all summer. 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. To pass, Issue 1 needs a majority (more than 50%) "yes" vote. "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. Once finalized through committee study and consultation with stakeholders, the Ohio Supreme Court -- which oversees such matters -- submitted the proposed Criminal Rule 46 bail reforms to the General Assembly in January 2020. Deters and other Issue 1 supporters stressed that the amendment would make it easier to detain potentially dangerous defendants while they await trial. Swearingen (R-Huron) sought to reverse that decision, introducing a joint resolution in the Ohio House to get the constitutional amendment before voters. All rights reserved (About Us). More than 90 percent of drugs analyzed at the Hamilton County crime lab in the first four months of 2018 had fentanyl in them. The proposal comes in response to the state Supreme Court rulingearlier this year that public safety shouldnt be a factor in setting cash bail it should instead focus on ensuring attendance in court. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. Issue 1 Proposed Constitutional Amendment TO REQUIRE COURTS TO CONSIDER FACTORS LIKE PUBLIC SAFETY WHEN SETTING THE AMOUNT OF BAIL Proposed by Joint Resolution of the General Assembly To amend Section 9 of Article 1 of the Constitution of the State of Ohio. So (bail) creates some economic barriers to poor, nonviolent defendants.. So, I suppose, the idea of Issue 2 is to nip it in the bud, as Deputy Barney Fife used to say. Issue 1 is not just a solution in search of a problem. Part of the presumption of innocence involves letting defendants out of jail on bail if theyre not a danger to others and arent a flight risk, so they are not unduly punished for something they might not have done. ISSUE 1. Individuals caught using or possessing drugs would face a misdemeanor, punishable by up to six months in county jail, rather than a fourth- or fifth-degree felony, which could lead to prison time. 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. Excessive bail violates both the U.S. and Ohio constitutions. Especially, he said, when the new citizens are handed a voter registration form after taking the oath. So anyone caught with less than 20 grams of fentanyl would face a misdemeanor instead of prison time. Early voting begins July 11. 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.. Yost said during a press briefing that the presumption of innocence in court does not equal, it is not the same as pretending that a career criminal poses no threat on the streets.. That's exactly what the village of Yellow Springs did two years ago, when voters approved a village charter amendment to allow non-citizens to vote in elections for local offices. It's difficult to say exactly how many people would be spared a prison sentence because of Ohio Issue 1. Get hyperlocal forecasts, radar and weather alerts. Deters feels the chief critics of Issue 1 are public defenders who are looking out for the mythical poor guy, nonviolent, first-time offender type whos in jail.. If, however, no one requests such a hearing and the trial judge doesnt feel its merited, the defendant then moves on to the setting of the financial conditions of bail. Morgan Trau is a political reporter and multimedia journalist based out of the WEWS Columbus Bureau. If an Ohioan isnt already registered to vote, that deadline is July 10. For the record, Issue 1 is not a referendum on abortion or "Protecting Ohio's Preborn," as the Ohio Right to Life website claims.. It's about your right to have your say about abortion, or any other issue, the way Ohioans have done for 111 years though a . At the same time, few of us likely would want cash bail used as a cudgel against poor people who arent a danger but cant afford bail -- or as an unmerited get-out-of-jail card allowing rich suspects who do pose safety risks a chance to make bail, simply because they can afford $1 million bail or more. 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On election day, Ohio voters will decide State Issue 1, which, if passed, would change drug possession felonies to misdemeanors, steering non-violent drug offenders away from prison and into treatment. The trial judge set the bail at $1.5 million, but DuBose was successful at getting it overturned on appeal. Notifications can be turned off anytime in the browser settings. However, prosecutors and GOP politicians argue that a fourth-degree felony amount of drugs is still a lot of drugs. Participants go before a judge, who might offer to eliminate lengthy prison sentences if drug users obtain treatment. Despite continuous protests, the Ohio Ballot Board has approved the language for State Issue 1, which will ask voters if the state constitution should be harder to amend. Mike DeWine told Fox News this week he supported Issue 1, and Ohio Attorney General Dave Yost has also voiced their support. Copyright 2022 91.7 WVXU. Howard Wilkinson joined the WVXU News Team after 30 years of covering local and state politics for The Cincinnati Enquirer. 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. Ohio's prison system is doing its own investigation into these numbers, but it wasn't available in late September. By browsing this site, we may share your information with our social media partners in accordance with our. Domestic abusers are a problem, but having excessive bail isn't the answer, Clum said. "That's an important tool for responding to the needs of our people.". Ohio Questions and Issues Handbook . This is an archived article on Ohio Issue 1 from 2022. DeWine didnt approve of the Criminal Rule 46 changes, but he believes they applies to cash bail, not just non-monetary conditions. Q: If this doesnt pass, is there any way down the road it can be challenged again? Issue 1 would remove the Ohio Supreme Courts authority on determining bail amounts and conditions. a man who was awaiting trial for armed robbery while he was free on a $200,000 bond. Anyone convicted of those crimes would face probation or less for the first and second offenses within 24 months. OCJ/WEWS broke the story that after months of denial, LaRose finally admitted that the August special election was about abortion. In fact, the vast majority of people who are in jail in any given year are people who are not convicted of anything. "Issue 1 asks eligible Ohio voters to consider an amendment to the Constitution of the State of Ohio proposed by a two-thirds majority of the Ohio General Assembly. John Kasich, who likes some of the ideas but says Issue 1 "misses the mark in ways that could lead to serious, unintended consequences," according to a spokesman; GOP governor hopeful Mike DeWine, who is the state's attorney general; Hamilton County Prosecutor Joe Deters; Republican Dave Yost, who is running for Ohio attorney general; Ohio Supreme Court Chief Justice Maureen O'Connor; state Rep. Robert Sprague, the GOP candidate for treasurer; the Ohio Prosecuting Attorneys Association; the Ohio Judicial Conference and more. Yes, even if it fails, lawmakers can put it forward again. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. 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. Those other factors include the seriousness of the crime, the persons criminal record, the likelihood a person will return to court and other factors the Ohio General Assembly may prescribe. 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. Opponents, on the other hand, say that Issue 1 will merely create a false illusion to public safety, as wealthy people accused of crimes will be able to bail out of jail, while poor people will be stuck behind bars. Here are a few essentials you should pack in your middle-schoolers backpack for a successful school year. 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. If approved, Issue 1 would extend the ability of judges to consider public safety when setting cash bail as well. 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. On Cincinnati Edition, we'll discuss the pros and cons of Issue 1 with someone who supports the measure and someone who opposes it. About half of them are going. "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. 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.". If passed, the amendment would go into effect immediately. Tune in to Cincinnati Edition October 17 at 1 p.m. to hear this segment. What Issue 1 does is really stop the conversation in Ohio about reforming bail and trying to move past cash bail., Deters described the ballot language as being crystal clear. Niven agreed, noting that while theres not much confusion over whats actually being started on the ballot with Issue 1, the implications of passing those issues are hard to see and understand., I think voters are going to look at the ballot and probably assume things like this are already in place, Niven added. John Kuntz file photo | For cleveland.com, A shooting at a Butler County Walmart that killed a shopper and wounded a worker, allegedly by. Gov. Leland believes that Republicans in the legislature are frustrated by the majority of the Ohio Supreme Courts repeated rulings against them on redistricting. "I've been listening to WVXU and public radio for many years, and I couldn't be more pleased at the opportunity to be part of it, he says. Misdemeanor drug convictions bar people from 250 careers. Its also a solution that will cause future problems. The measurement is called a "bulk amount" and it's different for each drug. DEIJ Policy | Ethics Policy | Privacy Policy. What Yellow Springs has done, Housh said, is the same thing 15 other municipalities in four other home rule states have done.