Sentencing Reform Proposals in Ohio

Abstract

I. POLITICAL HISTORY OF THE SENTENCING COMMISSION A. Origin of Reform Efforts The last major rewrite of Ohio's criminal code was in 1974, based on the Model Penal Code. It retained indeterminate sentencing, with the judge selecting the minimum term from a range set by statute for each of four levels. In 1983, the legislature enacted Senate Bill 199, creating three new felony ranges, along with three separate ranges for repeat aggravated felonies. The new ranges bore mandatory minimum prison terms. The act also set up two non-mandatory determinate prison sentence ranges for low level non violent felons, and a three year mandatory sentence for having a gun while committing a felony. Determi nate sentencing had not been used for felons in Ohio since 1913. This added eight new sentencing ranges to the original four ranges from the 1974 criminal code. When considering legislation on drug policy during 1989, the General Assembly inserted language creating the Sentencing Commission and scrapping dramatic increases in drug offense penalties.