Group Project

Breaking Down Ohio’s Drug Courts

Ohioans took to the polls to vote no on Issue 1, which would have reduced sentencing for drug offenders by making the offenses misdemeanors as opposed to felonies.

The change in law would have effectively crippled the drug courts and their ability to keep offenders in jail.

Keeping drugs users in jail is sometimes for their own good and many courts set up systems to attempt to help these individuals overcome their addiction.

Drug courts in Ohio are one of the more effective way in helping abusers get help and the passing of Issue 1 would have nullified that ability.

65% of Voters voted ‘No’ on Issue 1 in November

Ohio Supreme Court Chief Justice, Maureen O’Connor, wrote an article for The Columbus Dispatch urging voters not to vote for Issue 1 and explained her issue with the change in law.

She wrote, “We are talking about Ohio becoming, in effect, unable by its constitution to offer drug court participation and to incentivize that involvement by the “carrot” of not having a felony conviction record. Who would want to participate in a drug court program knowing they face only probation for possession of fentanyl, cocaine, methamphetamine, K2, heroin and so forth? I predict we will see a severe drop-off in drug court participation at the very moment when it is needed most should voters approve Issue 1.”

Drug courts ability to “dangle a carrot” to give drug offenders a chance is one of the most important abilities that the courts and judges have to not only hold a person responsible for their actions and impose consequences on them, but also to give them an opportunity to give them a chance to break their addiction and effectively save their life.

Most judges in the area agree that had the Issue passed the overall participation in drug rehabilitation programs through the drugs courts would have decreased.

Judge Joy Oldfield is the presiding judge at the Summit County Court of Common Appeals and reiterated the same sentiment when discussing Issue 1.

“You could possess a deathly amount of a substance, for instance fentanyl, and basically get what amounts to a speeding ticket. The amount of fentanyl you had in your possession could have killed 10,000 people you would have had basically a speeding ticket. And it didn’t provide you with opportunities as a court to intervene in that person’s life.” Oldfield says when speaking on the issue.

The accountability factor is something the court system can use to help get offender’s into programs and help them stick to a program to give the individual a true chance at turning around their life. 

Here Oldfield explains the Summit County Court of Common Appeals Turning Point program and how it has helped substance abusers in the area.

Judge Oldfield shares thoughts on the Turning Point program, Drug Courts and Issue 1.

According to the Cincinnati enquirer there are 167 drug courts in Ohio. In 2005, The Ohio Department of Public Safety reported in 2005 that they officially had 60, which was up from just six in 1999.

The National Association of Drug Court Professionals released several facts on drug courts in the early part of 2018.

They found that 75% of offenders who graduate from drug court program don’t re-offend and are able to retake control of their lives and enter the workforce. This was compared to 30% of prisoners who just go to jail and serve time for drug related crimes.

In 2014, Case Western University released their findings on the effectiveness of drug courts in Ohio, which can be seen below.

Statistics courtesy of Case Western University 

In 2016, Ohio senator Rob Portman visited the Hocking County Municipal Drug Court to review how the program’s effectiveness in helping offender’s recover and get reintegrated into the world.

There he found that it has been reported 85% of people who graduated from the program were now employed and 88% of drug screenings for people who graduated the program come back negative.

Judge Oldfield also shared a more personal story of a recent graduate.

Ohio drug courts have proved their worth and effectiveness in saving the lives of many Ohio addicts who struggled with drug abuse. Statistics show that many addicts have been able to successfully recover and move on to better lives through the recovery programs offered through the courts.

With the failure of Issue 1, courts will be able to continue to use these programs to help offenders who find themselves in their court, but a similar issue could be all ballots in the future as lawmakers continue to push for change.

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