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Local News

Saturday, December 05, 2009

Sentencing of felony offenders an increasingly complex task
By JORDAN CRAVENS

staff writer

Some say judges are too lenient. Some say they are too harsh.

But statistics show Hancock County's two common pleas court judges are about mid-range in the number of criminals they send to prison compared to Ohio counties of similar size.

Hancock County Judges Reginald Routson and Joseph Niemeyer ordered 130 criminals to prison last year, according to statistics by the Ohio Department of Rehabilitation and Correction.

Belmont and Jefferson counties in eastern Ohio, which each have about 7,000 to 8,000 fewer people than Hancock County's 74,000 people, committed fewer felons to prison last year. Belmont sent 61 people to prison and Jefferson County sent 94.

But in southern Ohio's Ross County, which has about 2,000 more people than Hancock County, 170 people were sentenced to prison last year.

Other northwestern Ohio counties vary greatly.

For example, Judge Randall Basinger, who sits alone in Putnam County, sentenced 31 people to prison last year, or 24 percent of the number Hancock County judges sent to prison. Putnam County's population is about half that of Hancock County.

Allen County's two common pleas judges sent 187 criminals to prison, about 44 percent more than Hancock County, and its population is about 25 percent higher.

First-degree felony charges are the most severe crimes and include some types of murder and rape. By comparison, possession of marijuana, depending on the amount, and nonsupport of dependents are examples of fifth-degree felonies, which are the least severe of felonies.

Convicted felons can receive penalties ranging from the death penalty or life in prison without parole, all the way down to six months behind bars, depending on the degree of the felony, according to the state.

Judges also may have the option of placing an offender on community control, formerly known as probation. Community control sanctions may include substance abuse treatment, therapy, work-release programs, supervision, or other rehabilitative programs.

Compared to other counties, Hancock County's judges sent a higher percentage of people to prison for third-, fourth- and fifth-degree felony convictions last year than the statewide average.

Of the 130 people imprisoned in Hancock County last year, 116, or 89 percent, were for third-, fourth- and fifth-degree felonies.

The statewide average for third- through fifth-degree felony prison commitments is 78 percent. Hancock County also exceeds the percentages of comparable-sized counties for these lower level felonies.

In Ross County last year, 75 percent of prison commitments were third- through fifth-degree felony convictions. In Belmont and Jefferson counties, the percentage was 72 percent and 70 percent, respectively.

But Hancock County isn't at the top of the list for third- through fifth-degree felony prison sentences.

For example, Basinger, in Putnam County, sent 31 criminals to prison last year and 28, or 90 percent, were for third- through fifth-degree felonies.

In Allen and Wood counties, judges sent 187 criminals to prison last year, the most of surrounding counties. Roughly three-fourths, or 146 of them were for third-, fourth- or fifth-degree felonies in Allen County. In Wood County, 87 percent or 162 were for third- through fifth-degree felonies.

Whether to send an offender to prison or to impose some form of community control sanctions has become an increasingly difficult decision, according to Routson and Niemeyer.

They agreed there are fewer clear-cut cases which distinguish between the two options.

"Violent offenders need to be punished and separated, I think everyone agrees, but how long is where people disagree," Routson said.

Niemeyer said prison sentences are often mandatory for first- and second-degree felonies, which are typically for violent offenses.

On third- through fifth-degree felony convictions, judges have some discretion between prison and community control sanctions.

"A lot of people will come in and want a pound of flesh and they want restitution," Niemeyer said. "They don't understand if a person is sent to prison, they don't have money coming in."

Sentencing for drug crimes also presents a challenge.

"Are they dealers, or are they users, or are they people who came into the community to take advantage of economic circumstances?" Routson said. "I think the drug offenses are where there are the most differences of opinion.

"People don't realize these drug issues are not class-specific," he said.

Niemeyer agreed. "There is no right side or wrong side of the tracks anymore," he said.

Judges often use a presentence investigation to guide them.

It includes the defendant's social history, mental health and criminal records, his or her version of what happened, the official version (similar to a police report), a juvenile record if any, victim impact statements, substance abuse, education, gang affiliations, and financial situation.

This report is combined with what the law dictates, factors indicating if the person is likely to commit another crime, and whether they are a threat to public safety if spared from prison, Routson and Niemeyer said.

Amidst the debate on prison sentences, recidivism rates are climbing and Ohio's prisons are becoming more overcrowded, according to Kim Switzer, director of court services for Hancock County Common Pleas Court.

With more than 52,000 inmates, Ohio prisons are 33 percent over capacity, she said.

"We are criminalizing everything and we are sending everybody (to prison), but it's just not working," Switzer said.

David Diroll, director of the Ohio Criminal Sentencing Commission, said judges are still making independent decisions whether to send an offender to prison, regardless of overcrowding.

"Since the state prisons will always take someone, I don't think it is a big factor for judges to consider if the system is overcrowded," Diroll said.

The Legislature established the commission in 1990 to review Ohio's sentencing issues and to make recommendations, according to Diroll.

The fact that prisons are overcrowded makes it harder for inmates to get into rehabilitation programs, such as substance abuse or job training programs, Diroll said.

"It could be a long time before the inmate can get into a program of that kind in prison," Diroll said.

He said high demand for such prison programs may cause judges to consider programs available locally and regionally that may better rehabilitate.

Niemeyer said the need is paramount for services for criminals trying to rejoin society.

"If we are going to be successful in reintegrating people, we have to have housing, employment and treatment," Niemeyer said.

Diroll said some judges sentence criminals to community-based correctional facilities.

"They are secure. They have bars and wires around them, but they also have treatment programs, job training programs and the like," he said. "It still takes them out of society, but it gets them into programs faster."

Douglas Berman, a sentencing expert and professor at Ohio State University's Moritz College of Law, said judges are increasingly open to local and regional substance abuse and treatment programs.

Previously, sending people to prison was to "encourage future lawbreakers to understand they would serve hard time if they committed an offense," Berman said.

But, he said, this is no longer the thinking.

"There is growing awareness that sending someone to prison may actually increase their chances of recidivism," he said.

Switzer said Hancock County judges can send offenders to the Western Ohio Regional Treatment and Habilitation Center in Lima. It serves nine counties. The offender is put on a waiting list for this four- to six-month program, Switzer said.

The center offers case management, life skills, cognitive behavioral intervention, anger management, literacy skills, GED classes and a job readiness course, among others, according to its Web site.

Judges can also refer offenders to a local treatment option.

Through collaboration between the Hancock County Probation Department, Century Health Inc., and the Hancock County Board of Alcohol, Drug Addiction and Mental Health Services, offenders can be ordered to complete "moral reconation therapy."

This 12-step program is aimed at "altering offenders' attitudes and belief systems in anticipation of reducing criminal thinking patterns," Switzer said.

Chris Davey, a spokesman with the Ohio Supreme Court, said judges are not steered in any direction by the court on prison versus community control sanctions.

"Decisions of judges for sentencing criminal defendants is something that is done under a sometimes complicated combination of statutory law as well as case law," Davey said. "It would be inappropriate for anyone here to weigh in on the process judges go through and the weighing factors in terms of sentencing criminal defendants."

On the Net:

www.worthcenter.net

www.drc.ohio.gov



Cravens: 419-427-8422,

Send an e-mail to Jordan Cravens


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4 Comments

Latest comments listed first.
R wrote:
Sentencing
“ I would have asked our judges how they sentenced the 2 ladies who were growing marijuana for medical purposes, albeit illegal in Ohio, more harshly than recent heroin and crack dealers? We see the heroin and crack dealers get 30 days of house arrest, no jail. Yet those ladies got jail time AND house arrest as well as community service. As far as we could see with the charges, these ladies were not charged with selling the marijuana, just cultivating it. Yet we have a severe problem in this community with crack and people dropping dead from heroin use one county south of here and as we've heard on this blog in this community!! The scorge of heroin and crack lead to other crimes as any reasonable person can see, such as theft related crimes. Even alcohol leads to other crimes, such as driving offense often resulting in the deaths of innocent persons, and often domestic abuse. Heroin, crack and alcohol have many victims. Who were the victims of 2 women cultivating marijuana? We would love to hear our judges take on this. ”
Monday, December 07, 2009 9:43:19 AM
Tony Grotrian wrote:
Jordan's articles
“ Thank you for the fine articles you have been writing about Findlay and its crime and justice system. Keep it up and keep the public informed. Can you give us an update on the new Street Crimes Unit? I hope it is working well. ”
Sunday, December 06, 2009 2:08:08 AM
steven lehmann wrote:
great article
“ Jordan,

i was looking thru the courier online tonight when i came upon your story above. Please accept my compliments because it's a great article revealing your abilities to be concise and do some deeper research. Can they loan you out to the Review Times from time to time? ”
Saturday, December 05, 2009 9:27:01 PM
ron wrote:
paper spin
“ These are the end results of a over zellists prosecutor,, under charge some ,,,and over charge even more
Always seem to rise right around any election time. The prosecutor brings all charges to the court
Then they are determined, start with him ”
Saturday, December 05, 2009 9:29:40 AM
   NEWS VIDEO

Benton Ridge Shooting

This video, released by the Hancock County Prosecutor's Office, shows the shooting of a Lima man who led authorities on a three-county chase ending Aug.24 in Benton Ridge. Be cautioned, the video contains graphic content.
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Yfkm wrote in article "Heroin outbreak":
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Research
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News Briefs Firefighters discover 20 marijuana plants in house
After fighting a house fire early Monday at 815 Howard St., firefighters found 20 marijuana plants in the residence.

"They ran across it and called us," said police Sgt. Justin Hendren with the Hancock County METRICH Drug Enforcement Unit.

Police seized all 20 plants, and Hendren said charges are pending.

High-powered growing lights, fans, and a box filled with dried marijuana were also found in the house, according to a police report.

Investigators said an electrical short started the fire before 3 a.m. Monday.

The blaze caused an estimated $12,000 in damage to the residence, owned by Amanda Crawford. No one was injured, according to the Findlay Fire Department.

Carey announces holiday closing
CAREY -- Carey offices, including administrative, income tax and utilities, electric, wastewater treatment plant, and public works, will be closed Monday in observance of Labor Day.

The curbside recycling program will be held Tuesday through Thursday, Sept. 7-9.

Findlay trooper named sergeant
Trooper Jacob L. Fletcher, assigned to the Findlay post of the State Highway Patrol, was promoted to sergeant Wednesday by Patrol Superintendent Col. David Dicken.

With the promotion, Fletcher will stay at the Findlay post and serve as an assistant post commander, according to the patrol.

Fletcher began his patrol career in 2002 after graduating from the 139th Academy class and has been assigned to the Findlay post since.

Owens announces holiday schedule
The Toledo and Findlay campuses of Owens Community College will be closed Saturday through Monday for the Labor Day holiday.

There will be no classes and the college offices will be closed.

Classes will resume and offices will open again on Tuesday.

Holiday changes ad deadlines
The Courier won't be published on Monday, in observance of the Labor Day holiday.

Because of the holiday, some advertising deadlines have been moved up this week:

Black and white display advertising for Tuesday's newspaper must be placed by noon Friday. Display advertising for Wednesday's newspaper must be placed by 2:30 p.m. Friday.

Color display advertising for the Thursday, Sept. 9 newspaper must be placed by Friday.

Classified advertising and City and Country advertising for Saturday's newspaper must be placed by 2 p.m. Friday. Classified ads for Tuesday's newspaper must be placed by 2:30 p.m. Friday.

Courier business and advertising offices will close at 3 p.m. Friday for the holiday.