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Prosecutors Seek Elimination of Mandatory Prison for Some Drug Offenders

Columbus Dispatch
Alan Johnson
3/24/2009

Ohio’s county prosecutors are hoping to roll back some of the “tough on crime” laws enacted in the 1980’s and ’90’s. Among their recommendations are a reduction of some non-drug crimes from felonies to misdemeanors and greater flexibility for judges in sentencing.

Ohio’s county prosecutors are recommending major changes to state drug laws, including the elimination of mandatory prison sentences for trafficking and possession of chemicals for the manufacture of drugs, except in the most serious cases.

The prosecutors also want to reduce several other non-drug crimes to misdemeanors from felonies, including assaulting a school teacher, administrator or school bus operator without physical harm; injuring a police dog or horse; illegal use of food stamps; and unauthorized use of a cable television or telecommunications device.

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John E. Murphy, executive director of the Ohio Prosecuting Attorney’s Association, said the changes are intended to counter the Strickland administration’s proposal to ease prison overcrowding by allowing inmates to accumulate seven days of “earned credit” per month by participating in programming. The credit would allow them to reduce their sentences — even if they’re serving definite or “flat” sentences — so they can be released earlier.

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