Ohio, like several other states, is attempting to implement suggestions made in the Pew Council of State Governments’ Justice Center report on how to lower the rate of incarceration, and thereby save money. The Pew report has made headlines throughout the country, and has state governments scrambling to introduce new laws that would avoid incarceration for certain drug and property crimes. But offering probation or drug treatment instead of incarceration, or jail time, not prison time, does not sit well with one Fairfield County Common Pleas Court Judge.
Senate Bill 10 would increase the sentence for serious and violent crimes, while offering alternatives to incarceration for lesser crimes, and also offering jail time, rather than longer prison sentences. Judge Richard E. Berens opposes this bill on the grounds that it would rob judges of their power, and increase overcrowding in county jails. According to Berens, unforeseen consequences are sure to pop up if SB10 is passed. Berens believes that judges would not be able to give jail time to someone with a long criminal history of petty larceny or drug offenses, when that person stands before the Court, once again, with upgraded crimes in those categories. Berens asks, “How is it appropriate punishment for a person that has served in county jail time and time again, only to serve the same sentence when he has committed a more serious felony offense?” Berens testified in front of the Ohio Senate Judiciary and Criminal Justice Committee in opposition to SB10. Berns would like to see the law changed so that those who committed two misdemeanor charges, such as shoplifting, would be charged with a felony. Berens argues that judges, not lawmakers should decide what is an appropriate sentence.
Brenens also claims that SB 10 is not a cost saving piece of legislation. The judge sees it as a cost-shifting measure instead. Counties will have to pick up the cost of incarcerating individuals, rather than the state, as those convicted of certain crimes will be sent to county jails, rather than state prisons. According to Berens, taxpayers will still be footing the bill for incarceration. Money would also be shifted to creating more substance abuse treatment programs, but in the long run, that option might prove cost effective if drug abusers overcome their addictions and stop committing crimes.
Source: The Eagle Gazette 5/8/11
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