OHIO CRIMINAL SENTENCING COMMISSION & ADVISORY COMMITTEE Full Commission Meeting Minutes March 16, 2017

MEMBERS PRESENT Nick Selvaggio, Vice-Chair, Common Pleas Court Judge Chrystal Alexander, Victim Representative Lara Baker-Morrish, Columbus City Attorney’s Office Frederick Benton, Jr., Criminal Defense Lawyer Paula Brown, Attorney Robert DeLamatre, Juvenile Court Judge Derek DeVine, Seneca County Prosecutor Carl DiFranco, Municipal Court Judge Gary Dumm, Municipal Court Judge Robert Fragale, Juvenile Court Judge W. Scott Gwin, Appellate Court Judge Kathleen Hamm, Public Defender Thomas Marcelain, Common Pleas Court Judge Stephen McIntosh, Common Pleas Court Judge Aaron Montz, Mayor Ed Meija, State Highway Patrol Gary Mohr, Department of Rehabilitation and Correction Harvey Reed, Department of Youth Services Kenneth Spanagel, Municipal Court Judge Larry Sims, Sheriff (by phone) State Senator Cecil Thomas Tim Young, State Public Defender

ADVISORY COMMITTEE MEMBERS PRESENT Jill Beeler, Ohio Public Defender’s Office Kari Bloom, Ohio Public Defender’s Office Jim Cole, Juvenile Court Administrator Lori Criss, The Ohio Council Beth Cwalina, Ohio Chief Probation Officer’s Association Steve Gray, Ohio Department of Rehabilitation and Correction James Lawrence, Ohio Community Corrections Association Cynthia Mausser, Ohio Department of Rehabilitation and Correction Jason McGowan, Ohio Chief Probation Officer’s Association – Municipal Court Kyle Petty, Department of Youth Services Dave Picken, Ohio Attorney General’s Office Keith Spaeth, OJACC – Common Pleas Court Judge Cary Williams, CORJUS

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CALL TO ORDER The March 16, 2017 meeting of the Ohio Criminal Sentencing Commission and its Advisory Committee was called to order by Vice-Chair Selvaggio. Vice-Chair Selvaggio then proceeded with roll call of members.

APPROVAL OF MINUTES FROM DECEMBER 15, 2016 The minutes of the December 15, 2016 meeting were unanimously approved.

MEMBERSHIP UPDATE Vice Chair Selvaggio welcomed:

New members Representative Rezabek, Judge Scott Gwin, 5th District Court of Appeals and Judge Carl DiFranco, Conneaut Municipal Court.

Reappointed Members Judge DeLamatre, Judge Fragale, Judge Spanagel and Senator Eklund.

Advisory Committee member Beth Cwalina, Ohio Chief Probation Officers Association.

Vice Chair Selvaggio then asked the Commission to approve the following appointments to the Advisory Committee:

From the Ohio Judicial Conference – Executive Director Paul Pfeifer From Ohio Prosecuting Attorneys Association – Paul Dobson, Wood County Prosecutor From Chief Probation Officers Association – Jason McGowan, Municipal Probation Chief

Director Mohr moved for approval of the so named appointees and Senator Thomas seconded the motion. The Commission unanimously voted in favor of the additional appointments to the Advisory Committee.

INTRODUCTION OF GUESTS Sara introduced interns Katie Plumer, Ohio Northern University Pettit College of Law and Greg Borgert, The Ohio State University Moritz College of Law and guests present for the meeting, see list on page 5.

OPERATING GUIDELINES The draft guidelines were shared at the September 2016 meeting, revised for the December 2016 meeting and revised again following that meeting. Changes include reordering of sections, clarification of member attendance, replacement designee, quorum, proxy voting, meeting participation by phone, committee member reimbursement and removal of electronic voting option.

Fred Benton moved to accept the Operating Guidelines, Chrystal Alexander seconded the motion. The Commission unanimously favorably voted to accept the Operating Guidelines.

BAIL AND PRE-TRIAL SERVICES REFORM – JUDGE SPANAGEL AND JO ELLEN CLINE The Ad Hoc Committee has completed its report. The Commission will formally vote on the recommendations at the June 15, 2017 meeting. Public comment will be accepted via the Commission website until May 15, 2017.

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Judge Spanagel and JoEllen discussed the report, noting special thanks to the Lori Eville, the National Institute of Corrections, Tim Schnacke, Center for Legal and Evidence-Based Practices and to Justin Long from the Ohio Judicial Conference for his assistance with the survey information. JoEllen also advised Senator Thomas has already introduced legislation on the topic, SB64.

Member discussion included Senator Thomas asking about possible fiscal analysis to show offset and averted costs. It was stated that cost benefit is difficult to assess – survey results are sparse and were estimates only – cost section of report details Summit County data. The Ad Hoc Committee also reviewed information from the state of Kentucky and Washington DC.

Fred Benton asked if Criminal Rule 4 will be revised to include guidelines for officers on cite and release. Judge Spanagel noted that training and education is necessary. Mr. Benton then asked about the 48 hour review provision applicability to cases in which bond is revoked to which Judge Spanagel and JoEllen said that hadn’t come up, but will be addressed in the public comment period.

Another point that will be addressed during the public comment period was raised by Judge Jamison regarding Child Support Enforcement Agency recommendations.

Tim Young asked that language in recommendation #1 on bond schedules be revised to be more consistent and reflective of the robust language in the report narrative. He also requested that the comments in body of report for recommendation #4 be revised as it is the law and the narrative suggests otherwise.

MARSY’S LAW PRESENTATION & DISCUSSION – CATHY HARPER LEE, RON O’BRIEN AND ELIZABETH WELL. (“Amendment to Ohio’s Constitution that ensures equal rights for victims of crime”) The group reviewed the power point presentation and noted that at this point they are ahead of schedule on gathering the necessary signatures.

JUSTICE REINVESTMENT IN OHIO – WHERE ARE WE NOW? COUNCIL OF STATE GOVERNMENTS JUSTICE CENTER – CARL REYNOLDS AND MARC PELKA Carl and Marc discussed the power point presentation and asked the group to consider the data presented and future priorities for Commission work. They suggested using other state initiatives for ideas and analysis in considering Ohio’s prison crowding and factors of growth and how to avert future growth while increasing treatment capacity and effective supervision. Other factors for discussion include criminal offense progression; sentencing options, risk and recidivism and behavioral health considerations.

If Ohio is interested in reengaging the Justice Reinvestment Initiative through the Council of State Governments Justice Center, we can apply by letter of agreement and request from leaders in all branches of government. Sara will work to pursue this option with the goal to leverage resources for the collection, analysis, and reporting of key data as well as focus on the system’s front end, including reported crime, arrest, and criminal history; diversion, including deferred adjudication; assessment for risk and behavioral health assessment at the pretrial stage; how sentencing sorts people with convictions across the various sentencing options; capacity of treatment and programs in the community to reduce recidivism; and community control.

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RECODIFICATION UPDATE – TIM YOUNG Tim Young reported that the committee continues its work with an anticipated report completion date in April 2017.

With no other business from the members, Senator Thomas moved to adjourn the meeting and Judge Marcelain seconded the motion. Vice-Chair Selvaggio adjourned the meeting.

2017 Full Commission Meeting Dates

Thursday, March 16, room 101 Thursday, June 15, room 101 Thursday, September 21, room 101 Thursday, December 14, Location TBD

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Ohio Criminal Sentencing Commission Meeting Guests March 16, 2017

Frederick Butcher, PhD Senior Research Associate, Case Western Reserve The Begun Center for Violence University Prevention Research & Education

Krystel Tossone, PhD Research Associate, Case Western Reserve The Begun Center for Violence University Prevention Research & Education

Lisa Hickman, PhD Pending background – Research Specialist with the Commission

Marc Pelka Deputy Director, State Initiatives Council of State Governments Justice Center

Carl Reynolds Senior Legal and Policy Advisor Council of State Governments Justice Center

Cathy Harper-Lee Executive Director Ohio Crime Victim Justice Center*

Elizabeth Well Legal Director Ohio Crime Victim Justice Center

Ron O’Brien Franklin County Prosecutor

Trevor Vessells Marsy’s Law campaign

Aaron Marshall Marsy’s Law campaign

Tara Marasco LSC fellow, Senator Eklund’s Office

*Crime Victim Justice Center is a victim’s rights legal services organization that provides free legal assistance to crime victims to help ensure their rights are upheld throughout the criminal justice process.

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OHIO CRIMINAL SENTENCING COMMISSION & ADVISORY COMMITTEE Full Commission Meeting Minutes May 18, 2017

MEMBERS PRESENT Nick Selvaggio, Vice-Chair, Common Pleas Court Judge Chrystal Alexander, Victim Representative Lara Baker-Morrish, Columbus City Attorney’s Office Paula Brown, Attorney Ronald Burkitt, Police Officer Carl DiFranco, Municipal Court Judge Gary Dumm, Municipal Court Judge Kathleen Hamm, Public Defender Kevin Miller, State Highway Patrol Aaron Montz, Mayor Gary Mohr, Department of Rehabilitation and Correction Harvey Reed, Department of Youth Services State Representative Jeffrey Rezabek Kenneth Spanagel, Municipal Court Judge Larry Sims, Sheriff State Senator Cecil Thomas Tim Young, State Public Defender

ADVISORY COMMITTEE MEMBERS PRESENT Jill Beeler, Ohio Public Defender’s Office Kari Bloom, Ohio Public Defender’s Office Lori Criss, The Ohio Council Beth Cwalina, Ohio Chief Probation Officer’s Association Paul Dobson, County Prosecutor Steve Gray, Ohio Department of Rehabilitation and Correction James Lawrence, Ohio Community Corrections Association Brian Martin, Ohio Department of Rehabilitation and Correction Cynthia Mausser, Ohio Department of Rehabilitation and Correction Paul Pfeifer, Ohio Judicial Conference Dave Picken, Ohio Attorney General’s Office Keith Spaeth, OJACC – Common Pleas Court Judge Julie Spohn, Ohio Department of Mental Health and Addiction Services Cary Williams, CORJUS

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CALL TO ORDER The May 18, 2017 meeting of the Ohio Criminal Sentencing Commission and its Advisory Committee was called to order by Vice-Chair Selvaggio. Vice-Chair Selvaggio then proceeded with roll call of members.

APPROVAL OF MINUTES FROM DECEMBER 15, 2016 The minutes of the March 16, 2017 meeting were unanimously approved.

AGENCY BUDGETS DISCUSSION Ohio Department of Mental Health and Addiction Services: Director Plouck discussed the Ohio Department of Mental Health and Addiction Services budget priorities, funding recommendations and the agency ‘all fund’ approach for the biennium. Handouts provided.

State of Ohio Public Defender: Tim Young shared the budget submission, provided details on indigent defense spending and consequences of inadequate funding for the same. Handouts provided.

Ohio Department of Youth Services: Director Reed provided an overview of the agency budget and the potential impact of reduced funding. He stressed that the agency priority is community programming and the preservation of RECLAIM dollars.

Ohio Department of Rehabilitation and Correction: Director Mohr advised the group the current status of the agency budget is ‘indeterminate’. He outlined the budget initiative targeting low level felony offenders, indicating that refinement of the proposal beyond that introduced in the executive version will diminish the total number of offenders diverted from prison (the original estimate was 3,400 offender diversions, changes in the House version reduce that number to approximately 1,200). He stated community dollars are in jeopardy due to the budget uncertainty.

BAIL AND PRE-TRIAL SERVICES REFORM The Commission will formally vote on the recommendations at the June 15, 2017 meeting. Public comment concluded on May 15, 2017 and members were given a summary of the comments received.

UPDATES FOR THE COMMISSION Sara introduced Lisa Hickman, Phd – Research Specialist for the Commission and Michael Callahan, an intern from the University of Dayton Civic Scholar Program. Sara also mentioned the meeting materials include an overview of felony classification pre and post SB2 as well as the Commission publication, A National Perspective: 50 State Low Level Felony Sentencing Summary.

With no other business from the members, Vice-Chair Selvaggio adjourned the meeting.

2017 Full Commission Meeting Dates: Thursday, June 15, room 101 Thursday, September 21, room 101 Thursday, December 14, Riffe Center – 31st floor

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OHIO CRIMINAL SENTENCING COMMISSION & ADVISORY COMMITTEE Full Commission Meeting Minutes June 15, 2017

MEMBERS PRESENT Chief Justice Maureen O’Connor Nick Selvaggio, Vice-Chair, Common Pleas Court Judge Chrystal Alexander, Victim Representative Frederick Benton, Jr., Criminal Defense Lawyer Paula Brown, Attorney Ronald Burkitt, Police Officer Robert DeLamatre, Juvenile Court Judge Derek DeVine, Seneca County Prosecutor Carl DiFranco, Municipal Court Judge Gary Dumm, Municipal Court Judge Robert Fragale, Juvenile Court Judge W. Scott Gwin, Appellate Court Judge Kathleen Hamm, Public Defender Thomas Marcelain, Common Pleas Court Judge Kevin Miller, State Highway Patrol Terri Jamison, Juvenile Court Judge Gary Mohr, Department of Rehabilitation and Correction Harvey Reed, Department of Youth Services Jeffrey Rezabek, State Representative Larry Sims, Sheriff Kenneth Spanagel, Municipal Court Judge (by phone) Tim Young, State Public Defender

ADVISORY COMMITTEE MEMBERS PRESENT Jill Beeler, Ohio Public Defender’s Office Doug Berman, The Ohio State University, Professor of Law Jim Cole, Juvenile Court Administrator Paul Dobson, County Prosecutor Cynthia Mausser, Ohio Department of Rehabilitation and Correction Jason McGowan, Ohio Chief Probation Officer’s Association – Municipal Court Kyle Petty, Department of Youth Services Dave Picken, Ohio Attorney General’s Office Keith Spaeth, OJACC – Common Pleas Court Judge Cary Williams, CORJUS

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CALL TO ORDER The June 15, 2017 meeting of the Ohio Criminal Sentencing Commission and its Advisory Committee was called to order by Vice-Chair Selvaggio. Vice-Chair Selvaggio then proceeded with roll call of members, recognizing some Members may be tardy due to attendance at the final meeting of the Recodification Committee.

APPROVAL OF MINUTES FROM MAY 18, 2017 The minutes of the May 18, 2017 meeting were unanimously approved.

BAIL AND PRE-TRIAL SERVICES REFORM – PAUL DOBSON AND JO ELLEN CLINE The Ad Hoc Committee completed its report and Paul Dobson made a motion to accept report. Representative Rezabek seconded the motion and discussion ensued. Jo Ellen noted that public comments were reviewed by the Ad Hoc Committee via survey and the comments received have been considered and incorporated into the final report accordingly.

Discussion points included recent bail related cases and legislation on the national level including Harris County Texas, the report of the Connecticut Sentencing Commission and subsequent legislation there and efforts underway in the state of California.

Sheriff Sims asked about the impact on consistency within courts regarding bond schedules – what can Sheriffs’ anticipate? It was noted that the report suggests bond schedules should be based upon risk and those adopted should be consistent within a county and with a goal to strive for consistency county to county.

Judge Selvaggio inquired if there is a best practices standard regarding 5th and 6th amendment concerns. Tim Young advised that a pre-trial risk assessment with an interview of the defendant is not necessarily the standard and opined there is no evidence that self-report is predictive of risk. There was then conversation surrounding whether or not a pretrial interview is privileged and/or subject to discovery. In light of the discussion, Judge Spanagel suggested the Supreme Court revisit Criminal Rule 46. Tim Young then advised the recommendation is sufficient and called the question. The Commission then unanimously voted in favor of accepting the report of the Ad Hoc Committee.

PRESENTATION ON JUVENILE DATA – FRED BUTCHER, PhD AND KRYSTEL TASSONE, PhD – CASE WESTERN RESERVE UNIVERSITY Dr. Butcher and Dr. Tossone presented a power point and handout illustrating their initial analysis of juvenile data trends and patterns, specific to data from the Department of Youth Services.

JUVENILE JUSTICE COMMITTEE REPORT – PAUL DOBSON Paul updated the Commission on the recent and upcoming work of the Juvenile Justice Committee, which is also detailed on the Commission’s website under the link to the Juvenile Justice Committee.

PERSPECTIVE ON LOW-LEVEL DRUG OFFENDER SENTENCING – MICHAEL CALLAHAN, UNIVERSITY OF DAYTON Michael advised the group that his project involved developing a companion piece to the Commission’s recent publication, 50 State Low-Level Felony Sentencing Summary, specific to low level drug offenses. Michael outlined his findings comparing Ohio to other states in several categories such as sentencing structure, prison population and state population. Michael’s report will be published and distributed in the near future.

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ADULT FELONY 5 CASE DISPOSITION *PRELIMINARY * PROJECT REPORT – LISA HICKMAN, PhD Dr. Hickman discussed the primary goal of the project is to simply answer the question where defendants go after being sentenced in Common Pleas Court. She noted that currently the best available data is specific to those defendants sentenced to prison, the Ohio Department of Rehabilitation and Correction. She noted that she has been working with a variety of potential data sources to more clearly illustrate the variety of sentencing options in a specific county and ultimately statewide. Dr. Hickman presented preliminary data associated with Felony 5 offenses from the Court of Common Pleas in Champaign County, emphatically expressing gratitude, especially to those involved at the County level, for assisting in the data refinement.

Preliminary data analysis includes categories such as total number and type of dispositions, types of charges, co-occurring offenses, age and residence patterns and a snapshot of drug offenses. When data elements are refined a summary will be distributed.

With no other business from the members, Vice-Chair Selvaggio adjourned the meeting.

2017 Full Commission Meeting Dates

Thursday, September 21, room 101 Thursday, December 14, Riffe Center – 31st Floor

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OHIO CRIMINAL SENTENCING COMMISSION & ADVISORY COMMITTEE Full Commission Meeting Minutes September 21, 2017

MEMBERS PRESENT Nick Selvaggio, Vice-Chair, Common Pleas Court Judge Chrystal Alexander, Victim Representative Lara Baker-Morrish, Columbus City Attorney’s Office Paula Brown, Attorney Robert DeLamatre, Juvenile Court Judge Gary Dumm, Municipal Court Judge John Eklund, State Senator W. Scott Gwin, Appellate Court Judge Thomas Marcelain, Common Pleas Court Judge Stephen McIntosh, Common Pleas Court Judge Kevin Miller, State Highway Patrol Aaron Montz, Mayor Terri Jamison, Juvenile Court Judge Gary Mohr, Department of Rehabilitation and Correction Harvey Reed, Department of Youth Services Jeffrey Rezabek, State Representative Kenneth Spanagel, Municipal Court Judge Cecil Thomas, State Senator Tim Young, State Public Defender

ADVISORY COMMITTEE MEMBERS PRESENT Jill Beeler, Ohio Public Defender’s Office Doug Berman, The Ohio State University, Professor of Law Lori Criss, The Ohio Council Paul Dobson, County Prosecutor Steve Gray, Chief Legal Counsel – DRC James Lawrence, Ohio Community Corrections Association Brian Martin, Research Chief – DRC Jason McGowan, Ohio Chief Probation Officer’s Association – Municipal Court Michelle Miller, Regional Director – DRC Kyle Petty, Department of Youth Services Paul Pfeifer, Executive Director – Ohio Judicial Conference Keith Spaeth, OJACC – Common Pleas Court Judge

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CALL TO ORDER The September 21, 2017 meeting of the Ohio Criminal Sentencing Commission and its Advisory Committee was called to order by Vice-Chair Selvaggio. Vice-Chair Selvaggio then proceeded with roll call of members and advisory committee.

APPROVAL OF MINUTES FROM JUNE 15, 2017 The minutes of the June 15, 2017 meeting of the full Commission were unanimously approved.

INNOVATIVE JUSTICE REFORM: COURT & COMMUNITY CORRECTIONS PARTNERSHIP AND THE IMPACT ON SENTENCING Judge Gene Zmuda, Lucas County Court of Common Pleas and Bud Hite, Director, Lucas County Correctional Treatment Facility discussed several initiatives underway in Lucas County and shared a powerpoint presentation with the group.

Points of discussion from the members included: ∗ Funding for the Deflection Program – foundation funding (i.e. McArthur), grants and subsidies ∗ Clarification that the Deflection Program is not utilized for domestic violence offenses ∗ Poverty and evidence of systemic racism? Judge Zmuda said that evidence supports that once individuals are in the system, the clearing and disposition of cases is race neutral. He further said the Public Safety Assessment (PSA) tool confirms that and indicates the same for gender.

Director Mohr commented that Lucas County is a local problem solving example and suggested that Crisis Intervention Training is a necessary component. He also said that despite the local Community Based Correctional Facility (CBCF) physical plant limitations, CBCFs should be multi-use facilities for treatment and programming purposes.

Senator Thomas asked if a standard risk assessment tool should/could be applied everywhere in the state to provide a framework for incarceration decisions. Judge Zmuda suggested instead of legislating a mandate and to preserve fundamental inter-branch government jurisdictions should use the PSA risk tool because it allows judicial discretion and guidance through the practical, political realities through nine questions and recommendations. The tool also allows a 15% variance for following recommendations.

Tim Young said he believes it is less about when release, but mandating the use of tool. He further suggested cash bonds should be eliminated and that if everyone is using tool, we can identify variances, share information and standardize data.

Sheriff Sims stated that we need to evaluate how we manage people in our system, for instance the work release program is the largest source of contraband.

Judge Zmuda closed his remarks by challenging the Commission to consider ways to improve the recently passed legislation regarding the Targeted Community Alternatives to Prison (TCAP) grant program implemented by the Department of Rehabilitation and Correction. He suggested the program should be accessible for all counties and evaluating it, recommending improvements is clearly the charge and statutory obligation of the Commission and he will work with the Commission on the subject.

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COMMITTEE REPORTS

JUVENILE JUSTICE: Paul Dobson reported that the Committee is considering a partnership with the Robert F. Kennedy Center to review juvenile probation in Ohio. The RFK center is already working with Summit County and the Committee will finalize its recommendations on the topic in the near future.

The Committee is also recommending a revision to RC 2152.19 to clarify that at the time of sentencing, the suspension of a driver’s license is discretionary. Specifically, subsection (A)4 change the language to “may include, but not limited to”. Judge Spanagel moved to approve the revision and Director Mohr seconded the motion. Discussion on the matter included a question on whether or not to consider language regarding a suspension with limited privledges. Additionally, Representative Rezabek noted he has the language drafted, but hasn’t yet identified a bill for it. The Commission unanimously favorably voted to advance the recommendation of revision.

SENTENCING/CRIMINAL JUSTICE: Judge Spanagel advised that the Bail and Pre-Trial Services recommendations were highlighted at a session at the National Association of Sentencing Commissions Meeting and that the Chief Justice has been asked to consider referring the relevant Supreme Court of Ohio recommendations to the appropriate Commissions for action. Sara added that the Bail and Pre-Trial recommendations were featured at the National Association of Pre-Trial Service Agencies (NAPSA) plenary session; several members will be on a panel presentation on the topic at the Ohio Justice Alliance for Community Corrections (OJACC) and an upcoming course of the Ohio Judicial College. Draft legislation based upon the recommendations is also anticipated.

Judge Spanagel also reported that the upcoming work of the Committee will include prioritizing the recommendations of the Recodification Committee. Several topics are already under consideration such as, appellate review, offenses of violence and mens rea. The Committee will also consider the topic of TCAP.

Lori Criss suggested that because there is a steady stream of bills introduced to modify criminal sentencing on drug cases, i.e. SB1; HB296 – there ought to be a process for the Commission to evaluate the legislation and provide input. For instance, addressing the questions, is the language in the proposed bill consistent with Recodification Committee recommendations and does it allow for discretion at local level? Judge Selvaggio said that indeed that is within the purview of the Commission and we should be a clearinghouse for potential criminal justice related legislative matters. Members agreed and also affirmed willingness to comment, participate when needed.

DATA: The data workgroup will provide content expertise and understanding of the legal landscape in Ohio to ensure that data produced by, and for, the Commission serves to enhance and inform our work. Knowledge about data analyses is not needed (but welcome).

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DIRECTOR’S REPORT: Sara reported the following:

∗ National Association of Sentencing Commissions annual conference August 27-29, 2017 a. Two presentations – 1. University of Cincinnati Crime Science Institute (UC-CSI) – predictive data analytics and using those tools to examine/understand trends and patterns the criminal justice continuum. 2. Bail and Pre-Trial reform efforts – panel presentation with NM, CT

∗ Ohio Judicial Conference and the Ohio State Bar Association – advocating the Commission for a role in legislative analysis.

∗ Data Projects – report from Case Western Reserve University on impact since HB86 expected soon and will be discussed at the meeting of the full Commission on December 14, 2017.

∗ Academic collaboration opportunities – in addition to current projects with UC-CSI and CWRU a. OSU Data event - Stakeholder Engagement Event on Big Data Analytics and the Criminal Justice System b. Moritz College of Law c. John Glenn College of Public Affairs

∗ Federal Sentencing Reporter article – Sara and Tim Young will have articles in the December issue.

∗ Justice Reinvestment Initiative Ohio 2.0 a. Letter of application and award b. Ad Hoc Committee

Sara then asked Vice-Chair Selvaggio and Members to consider a motion to create the Ohio JRI 2.0 oversight Ad Hoc Committee. Judge Marcelain moved to create the JRI Ad Hoc Committee, Director Reed seconded the motion. The Commission unanimously voted in favor of creating the JRI Ad Hoc Committee.

EXECUTIVE SESSION Vice-Chair Selvaggio moved to go into Executive Session to consider the dismissal, discipline and/or demotion of a public employee. Representative Rezabek seconded the motion and by unanimous roll call vote (roll call vote sheet attached) the Commission went into executive session.

The Commission went back on the record and reopened the meeting to the public following executive session. Director Mohr made a motion to delegate authority to Executive Director to take appropriate action specific to the findings of fact regarding the dismissal, discipline or demotion of public employee. Judge Gwin seconded the motion and discussion followed. Judge Spanagel asked about seeking an opinion from the Attorny General before taking action and Judge McIntosh suggested clarification of seeking an opinion versus advice. Director Mohr advised he intentionally didn’t include that language. It was also noted that if there was a staff termination, there should also be authority to hire replacement.

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An amended motion was proposed by Tim Young to authorize the Executive Director to make personnel decisions, with the exception of those involving the Executive Director. Representative Rezabek seconded the motion. Further discussion resulted in Director Mohr amending his original motion in lieu of accepting the amendment proposed by Mr. Young. Director Mohr proposed an amended motion to delegate authority to the Executive Director to decide whether to dismiss, discipline, or demote a Commission employee with the exception of the Executive Director. Senator Eklund seconded the motion and by roll call vote (roll call vote sheet attached) the motion passed unanimously.

With no further business before the Commission, Judge Spanagel moved to adjourn the meeting, the motion was seconded and by unanimous vote the meeting was adjourned by Vice-Chair Selvaggio.

2017 Full Commission Meeting Dates Thursday, December 14, Riffe Center – 31st Floor

Meeting materials/attachments: ∗ Minutes of June 15, 2017 meeting ∗ Juvenile Justice Committee RFK memo, RC 2152.19 revision ∗ Innovative Justice Reform: Court & Community Corrections Partnership and The Impact on Sentencing (powerpoint) ∗ Justice Reinvestment Initiative Ohio 2.0 – Letter of application and award ∗ Roll Call Vote sheet #1 ∗ Roll Call Vote sheet #2

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OHIO CRIMINAL SENTENCING COMMISSION & ADVISORY COMMITTEE Full Commission Meeting Minutes December 14, 2017

MEMBERS PRESENT Nick Selvaggio, Vice-Chair, Common Pleas Court Judge Lara Baker-Morrish, Columbus City Attorney’s Office Kristin Boggs, State Representative Paula Brown, Attorney Robert DeLamatre, Juvenile Court Judge John Eklund, State Senator W. Scott Gwin, Appellate Court Judge Thomas Marcelain, Common Pleas Court Judge Charles McConville, County Prosecutor Kevin Miller, State Highway Patrol Gary Mohr, Department of Rehabilitation and Correction Harvey Reed, Department of Youth Services Jeffrey Rezabek, State Representative Larry Sims, Sheriff Kenneth Spanagel, Municipal Court Judge Tim Young, State Public Defender

ADVISORY COMMITTEE MEMBERS PRESENT Jill Beeler, Ohio Public Defender’s Office Jim Cole, Juvenile Court Administrator Lori Criss, The Ohio Council Paul Dobson, County Prosecutor Brian Martin, Research Chief – DRC Karhlton Moore, Office of Criminal Justice Services Kyle Petty, Department of Youth Services Paul Pfeifer, Executive Director – Ohio Judicial Conference Dave Picken, Ohio Attorney General’s Office Keith Spaeth, OJACC – Common Pleas Court Judge

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CALL TO ORDER The December 14, 2017 meeting of the Ohio Criminal Sentencing Commission and its Advisory Committee was called to order by Director Andrews and she then proceeded with roll call of members and advisory committee.

APPROVAL OF MINUTES FROM SEPTEMBER 21, 2017 The minutes of the June 15, 2017 meeting of the full Commission were unanimously approved.

IMPACT OF HB86 & SUBSEQUENT SENTENCING LEGISLATION ON THE INCARCERATED POPULATION IN OHIO Due to weather, Fredrick Butcher, PhD, Case Western Reserve University and Krystel Tossone, PhD, Case Western Reserve University were unable to attend the meeting and therefore, this topic was not discussed.

APPELLATE REVIEW Judge Gallagher shared several hand-outs and noted there is a ‘crisis’ in appellate review in Ohio – Section 2953.08 is unreadable, for example – what does contrary to law mean? He noted that the Ohio Judicial Conference Appellate Judges Committee is working on redrafting 2953.08 – taking into consideration the previous work of the Commission (2015) and the work of the Recodification Committee. He noted they are hopeful to have a working draft for distribution/adoption at their February 2018 meeting.

COMMITTEE REPORTS & GENERAL UPDATES Members discussed the Commission’s role in providing legislative feedback and a historical context for legislators. Representative Rezabek said the recent overview and history on sentencing provided by Director Andrews was enlightening and informative – the background perspective is beneficial. There was general consensus that the Commission should provide perspective on larger bills and help legislators understand history.

Judge Spanagel proposed approval of the legislative analysis form, Representative Rezabek seconded the motion and the vote for approval was unanimous.

JUVENILE JUSTICE: Paul Dobson advised that the committee received a project proposal from the RFK National Resource Center for Juvenile Justice for a multi-county site review of juvenile probation in Ohio. He noted that the committee continues to evaluate the best approach to systemic juvenile probation reform and will hear more from those involved with JDAI at its January 2018 meeting.

Chair Dobson also said that the committee will hear from Case Western Reserve University researchers at the January 2018 meeting regarding the data wish list of the committee. The researchers have completed the evaluation of the impact of HB86 and other enacted sentence reform measures and have worked on several juvenile justice data related projects.

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SENTENCING/CRIMINAL JUSTICE: Judge Spanagel advised that the report and recommendations from the Commission have generated the introduction of legislation, HB439, and the Supreme Court of Ohio will consider the recommendations in the 2018-2019 rule review period.

The committee is also reviewing/discussing the Reagan Tokes Act – HB365, SB201, SB202 – and, the Recodification Committee’s Chapter 2929 recommendations. Tim Young reviewed a comparison chart of the Reagan Tokes Act and the Recodification Committee recommendations. Members engaged in active discussion. Judge Selvaggio pointed out that the influence of high profile cases and scrutiny on the sentencing scheme coupled with the administrative complexity invites error. He also cautioned that the complexity will have significant prosecutorial impact in the implementation of Marsy’s Law and explanation to victims. Representative Boggs advised that they want to develop system that is the best alternative. She also advised there will be an interested party meeting in the near future and the Commission should make its thoughts known.

Senator Eklund pointed out that it is difficult for such a diverse group to achieve consensus but, what is important is the information – an independent, expert panel to inform legislators. He suggested the Commission is a neutral, dispassionate body that can advise legislators about what has been tried, relevant data points and a national perspective. Representative Rezabek agreed and stated that the objective of information outweighs the value of position.

Marta Mudri from the Ohio Judicial Conference (OJC) provided an update from the judicial perspective on the impact of 2929.15 and T-CAP noting they had a judicial roundtable on the topic.

Per Cynthia Mausser, there are no implementation issues as far as the Department of Rehabilitation and Correction is concerned.

Ms. Mudri said that the OJC will identify suggestions to improve the statute to ease its implementation and administration and meet the intended goals. Senator Eklund said the legislature can use OJC ideas to fix T-CAP, but the Commission can add information and perspective to move forward.

DATA: Lisa Hickman said that she is hopeful to resume the data workgroup. That group will provide content expertise and understanding of the legal landscape in Ohio to ensure that data produced by, and for, the Commission serves to enhance and inform our work. Knowledge about data analyses is not needed (but welcome).

DIRECTOR’S REPORT: Sara reported the following:

Positions for the Commission staff were posted and interviews and candidate selection is forthcoming.

The 2018 National Association of Sentencing Commissions annual conference will be in Columbus August 12- 15, 2018.

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The Ohio JRI 2.0 Ad Hoc Committee met in November 2017 and will be meeting again shortly after the first of the year, hopefully following the receipt of data. Carl Reynolds and Patrick Armstrong greeted the group and noted they are looking forward to their work in Ohio and with the Commission.

With no further business before the Commission, Senator Eklund moved to adjourn the meeting, the motion was seconded by Representative Rezabek and by unanimous vote the meeting was adjourned by Vice-Chair Selvaggio.

2018 Full Commission Meeting Dates

Thursday, March 15, 2018 Riffe Center – 31st floor

Thursday, June 21, 2018 Ohio Judicial Center, Room 101

Thursday, September 20, 2018 Ohio Judicial Center, Room 101

Thursday, December 13, 2018 Riffe Center – 31st floor

Meeting materials/attachments: ∗ Meeting Agenda ∗ Minutes of September 21, 2017 meeting ∗ Committee Updates – November 2017 ∗ Commission Legislative Impact Analysis form ∗ HB365 Interested Party Testimony – Historical Perspective of Sentencing, Director Sara Andrews ∗ Reagan Tokes Act and Chapter 2929 Recodification Comparison (Ohio Public Defender) ∗ Appellate Review by Judge Gallagher ∗ Ohio Community Corrections Association legislative comparison document

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