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Recent Legislation on Collateral Consequences Andre R. Imbrogno, Member, Ohio Parole Board Ohio Department of Rehabilitation and Correction Motor Vehicle Equipment ... – PowerPoint PPT presentation

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Title: Recent Legislation on


1
  • Recent Legislation on
  • Collateral Consequences
  • Andre R. Imbrogno, Member, Ohio Parole Board
  • Ohio Department of Rehabilitation and Correction

2
Collateral Consequences
  • Collateral consequences are restrictions,
    disabilities, or penalties beyond the direct
    punishment imposed on individuals at the time of
    sentencing.
  • Generally, the term collateral consequence
    includes both collateral sanctions, which apply
    automatically upon conviction, and discretionary
    disqualifications.

3
Why Do Collateral Consequences Matter?
  • Over 1.9 million Ohio residents (out of 11.5
    million, or 17) have a misdemeanor or felony
    conviction.
  • For many Ohioans, their criminal histories limit
    their employment opportunities.
  • The inability to obtain employment, in turn,
    frustrates successful reentry.
  • There are over 800 places in the Ohio Revised
    Code and the Ohio Administrative Code that lists
    sanctions related to employment and other
    barriers for persons who have misdemeanor or
    felony convictions in their backgrounds.

4
A National Problem
  • In 1974, 1.8 million (1.3 of the population) had
    been imprisoned at some point in their lives. By
    2001, that number had risen to 5.6 million (2.7
    of the adult population). If that rate remains
    unchanged, 6.6 of Americans born in 2001 will
    serve prison time in their lives. An even larger
    portion of the population has been convicted of a
    criminal offense without going to prison.
    According to a 2003 DOJ report, nearly 25 of the
    population (71 million) had a criminal record.
  • (source Uniform Law Commission Collateral
    Consequences of Conviction Act Summary)

5
Facilitating Successful Reentry
  • Ohios offender recidivism rate is currently at
    an 11-year low, with only 34 of inmates
    returning to prison after release.
  • Ohio continues to explore opportunities to
    further decrease the number of offenders who
    return to prison.
  • Approximately 400,000 individuals have come
    through the prison system since the mid-1980s.

6
Facilitating Successful Reentry
  • The important role that gainful employment plays
    in successful reentry is recognized in Parole
    Board release considerations. Per administrative
    rule (51201-1-07), in determining suitability
    for release, the Board is to consider, among
    other things
  • The inmates employment history and . . .
  • occupational skills as well as the
    inmates
  • vocational, educational, and other
    training.
  • The adequacy of the inmates plan or
    prospects
  • on release.

7
Recent Legislation
  • Two recently enacted pieces of legislation
    address collateral consequences in Ohio
  • HB 86 (Effective 9/30/11)
  • SB 337 (Effective 9/28/12)

8
House Bill 86 Comprehensive Criminal Justice
Reform Act
  • House Bill 86, enacted in 2011, is a
    comprehensive act that reformed virtually every
    aspect of Ohios criminal justice system,
    including sentencing, community supervision, and
    reentry.

9
House Bill 86 Comprehensive Criminal Justice
Reform Act
  • State v. FosterConsecutive Sentences
  • Crack/Powder Cocaine Penalty Equalization
  • Sentencing Guidance on Drug Offenses
  • Theft Thresholds
  • Non-Support Penalties
  • Intervention in Lieu
  • Probation Improvement and Incentive Grants
  • Admissions to Residential Community Sanctions
  • Concurrent Supervision
  • Probation and Training Standards
  • Justice Reinvestment
  • Risk Reduction Sentencing
  • Felony 4 and Felony 5 Sentencing/Felony 1 and
    Felony 3 Sentencing Ranges
  • Traditional Judicial Release (R.C. 2929.20)
  • New 80 Judicial Release (R.C. 2967.19)
  • Earned Credit

10
House Bill 86 Certificate of achievement
and Employability
  • In House Bill 86, the Ohio legislature took a
    first, modest step toward addressing collateral
    consequences through the Certificate of
    Achievement and Employability.

11
House Bill 86 Certificate of achievement
and Employability
  • ? Overview
  • Eligible offenders may apply to the DRC for a
    certificate that relieves the applicant from one
    or more mandatory civil impacts any section of
    the Revised Code or Administrative Code that
    creates a penalty, disability, or disadvantage
    that is imposed by a licensing agency or employer
    and which precludes a person with a criminal
    record from obtaining licensure or employment.

12
House Bill 86 Certificate of Achievement
and Employability
  • Individual Consideration/Rebuttable Presumption
  • ? If a person who has been issued a certificate
    applies to a licensing agency for a license or
    certificate and the person has a conviction that
    otherwise would bar licensure or certification,
    the licensing agency must give the person
    individualized consideration.
  • Certificate creates a rebuttable presumption
    that the criminal conviction is insufficient
    evidence that the person is unfit.
  • However, license/certification may be denied if
    agency determines the applicant is unfit after
    individualized consideration.

13
House bill 86 certificate of achievement
and employability
  • ? Rules Applying to Employers
  • Same rules, above, apply for employers who are
    seeking a license or certification and who have
    hired a certificate holder.

14
House bill 86 certificate of achievement
and employability
  • ? Employer Immunity Negligent Hiring
  • ? If an employer hires a certificate holder, if
    a subsequent action is filed against the employer
    for negligent hiring based on the employers
    actual or constructive knowledge of the
    certificate holders incompetence or
    dangerousness, the certificate is an absolute
    defense to the element of the employers actual
    or constructive knowledge.

15
House Bill 86 Certificate of achievement and
employability
  • ? Employer Immunity Negligent Retention
  • ? If the certificate holder, after being hired,
    subsequently demonstrates dangerousness and if
    the employer nevertheless retains the employee,
    the employer may be held liable in a civil action
    that relates to the retention only if it is
    proven that the employer had actual knowledge of
    the employees dangerousness and willfully
    retained the employee after the employee
    demonstrated the employees dangerousness.

16
House bill 86 certificate of achievement
and employability
  • ? Eligibility for a Certificate
  • ? Applicant is currently incarcerated with an
  • expected release date that is one year
    or
  • less from the date of the application
    or the
  • applicant is currently on parole or
    post-
  • release control.
  • ? The applicant satisfactorily completed
  • one or more in-prison vocational
  • programs approved by department rule.

17
House bill 86 certificate of achievement
and employability
  • ? Eligibility for a certificate (continued)
  • ? The applicant completed one or more
  • cognitive or behavioral improvement
  • programs while incarcerated, while
    under
  • supervision, or both.
  • ? The applicant has completed community
  • service hours.
  • ? The applicant has shown other evidence
  • of achievement and rehabilitation.

18
House bill 86 certificate of achievement
and employability
  • ? Evidence of achievement and rehabilitation
    Examples
  • ? Completing adult basic education
  • ? Obtaining a GED
  • ? Completing a pre-GED program
  • ? Obtaining a high school diploma
  • ? Completing anger management
  • ? Completing victim awareness

19
House Bill 86 Certificate of achievement and
employability
  • ? Revocation of Certificate
  • ? An issued certificate must be revoked if
  • the certificate holder is subsequently
  • convicted of any offense other than a
  • minor misdemeanor or traffic offense.
  • ? Certificate cannot be revoked for violation
  • of a condition of release unless the
  • violation is also a criminal offense.

20
SENAte Bill 337
  • Effective September 28, 2012.
  • Enacts a number of proposals developed in
    collateral consequences forums debuted in 2011 by
    Gov. Kasich and co-sponsored by DRC and DYS to
    formulate consensus-based policy proposals to
    present to the General Assembly.
  • Other stakeholders included legislators, judges,
    prosecutors, and the Ohio Public Defender.

21
SENAte Bill 337
  • Areas Affected by Senate Bill 337
  • Professional Licensing
  • Record Sealing
  • Child Support
  • Traffic Penalties/Drivers Licenses
  • Juvenile Justice

22
SENAte Bill 337 Professional licensing
  • Certificate of Qualification for Employment (CQE)
  • Senate Bill 337 creates a new type of
    court-issued certificate that removes barriers to
    professional licensing. The CQE lifts the
    automatic bar of an employment-related collateral
    consequence and entitles the certificate holder
    to individualized consideration on the question
    of fitness.
  • The CQE builds upon the concept of the
    Certificate of Achievement and Employability.

23
SENAte Bill 337 Professional licensing
  • CQEs Eligibility
  • An individual is eligible for a CQE regardless of
    whether the offender was incarcerated for the
    crime or instead received community control.
    Application may be made at any time after one
    year has expired from release from incarceration
    and any period of post-release supervision, or
    one year from final release from all community
    control sanctions, as appropriate.

24
SENAte Bill 337 Professional licensing
  • CQEs Review of Applications
  • In most cases, applications for CQEs are
    submitted to the DRC and are reviewed for
    completeness by DRCs Adult Parole Authority. If
    the application is complete, the APA will forward
    the application to the court of common pleas of
    the county in which the applicant resides.

25
SENAte Bill 337 Professional licensing
  • CQEs Application Information
  • Name, date of birth, and Social Security number.
  • All aliases and all Social Security numbers
    associated with the aliases.
  • Residence address.
  • Length of time that the applicant has been an
    Ohio resident.
  • Name or type of each collateral sanction from
    which the individual is requesting a CQE.

26
SENAte Bill 337 Professional licensing
  • CQEs Application Information (continued)
  • (6) A summary of the applicants criminal history
    with respect to each offense that is a
    disqualification from employment or licensing,
    including the years of each conviction.
  • (7) A summary of the applicants employment
    history.
  • (8) Verifiable references.
  • (9) The name of immediate family members or
    others who support the applicants reentry plan.

27
SENAte Bill 337 Professional licensing
  • CQEs Application Information (continued)
  • (10) A summary of the reason that the applicant
    believes the CQE should be granted.
  • (11) Any other information required by DRC rule.

28
SENAte Bill 337 Professional licensing
  • CQEs Factors for Court to Consider
  • A court of common pleas must consider all of the
    following factors in deciding whether or not to
    grant a CQE
  • Will granting the certificate materially assist
    the offender in finding employment?
  • Does the offender have a substantial need for the
    CQE in order to live a law-abiding life?
  • Will granting the CQE pose an unreasonable safety
    risk to the general public or any individual?
  • The burden is on the applicant to establish each
    of these
  • criteria in his or her favor by a preponderance
    of evidence.

29
SENAte Bill 337 Professional licensing
  • A court may not issue a CQE that grants the
    individual relief from any of the following
  • Requirements imposed under the SORN Law.
  • Certain drivers license suspensions or
    revocations, including DUI.
  • Restrictions on employment as a prosecutor or law
    enforcement officer.

30
SENAte Bill 337 Professional licensing
  • CQE limitationsCollateral Consequences Not
    Eligible (continued)
  • Denial, ineligibility, or automatic suspension of
    a license as a health care professional under
    Title 47 if the person was convicted of
    aggravated murder, murder, voluntary
    manslaughter, felonious assault, kidnapping,
    rape, sexual battery, GSI, aggravated arson,
    aggravated robbery, aggravated burglary, unlawful
    distribution of abortion-inducing drug.
  • Immediate suspension of a license, certificate,
    or evidence of registration imposed on a licensed
    health care professional who is addicted to or
    illegally distributing a controlled substance.

31
SENAte Bill 337 Professional licensing
  • CQE limitationsCollateral Consequences Not
    Eligible (continued)
  • Denial or ineligibility for employment in a pain
    clinic for those convicted of felony drug
    offenses or felony theft offenses.
  • The mandatory suspension of a license as a health
    care professional for being in default on child
    support payments.

32
SENAte Bill 337 Professional licensing
  • CQEs Court Procedure
  • Court of common pleas where the applicant resides
    hears and determines the application.
  • Steps the court must take upon receiving an
    application
  • Notify the prosecutor of the county where the
    applicant resides that the prosecutor may send
    comments.
  • Notify all other courts in the state in which the
    offender has been convicted of an offense that
    the court may send comments on the application.

33
SENAte Bill 337 Professional licensing
  • CQEs Court Procedure (continued)
  • Order any report, investigation, or disclosure by
    the individual that the court believes is
    necessary.
  • Consider any filings submitted by the victim or
    victims.
  • Decide whether to issue the certificate within 60
    days after the court receives the application.
    (Court may extend beyond 60 days upon the
    applicants request.)

34
SENAte Bill 337 Professional licensing
  • CQEs Denial
  • If a court denies an application for a CQE, the
    court must provide written notice of the denial
    to the offender.
  • Following a denial, the court may place
    conditions on reapplication.
  • A person denied a CQE by a court may appeal to
    the court of appeals. The courts denial will be
    reviewed under an abuse of discretion standard.

35
SENAte Bill 337 Professional licensing
  • CQEs Immunity
  • Like the certificate of achievement and
    employability, the CQE affords employers who rely
    upon it immunity in negligent hiring actions and
    qualified immunity in negligent retention
    lawsuits filed against them on the basis of acts
    committed by their employee-certificate holders.

36
SENAte Bill 337 Professional licensing
  • CQEs Revocation
  • A CQE is presumptively revoked if the certificate
    holder, after receiving the certificate, is
    convicted of any felony offense.

37
SENAte Bill 337 Professional licensing
  • Senate Bill 337 prohibits the following agencies
    from denying licenses on the basis of a prior
    criminal history, unless the offense is a
    disqualifying offense or crime of moral
    turpitude.
  • (1) Ohio Optical Dispensers Board
  • (2) Registrar of Motor Vehicles (with respect to
    motor vehicle salvage dealers, motor vehicle
    auctions, and salvage motor vehicle pools)
  • (3) Construction Industry Licensing Board
  • (4) Hearing Aid Dealers and Fitters Licensing
    Board
  • (5) Public Safety (with respect to private
    investigators and security guards)

38
SENAte Bill 337 Professional licensing
  • Definitions
  • Disqualifying offense is defined as an offense
    that is a felony and that has a direct nexus to
    an individuals proposed or current field of
    licensure, certification, or employment.
  • Crime of moral turpitude is defined as
  • Aggravated murder or murder, or complicity to
    commit aggravated murder or murder.
  • Any sexually oriented offense.
  • Any first or second degree offense of violence.
  • Any attempt or conspiracy to commit or complicity
    in committing any of the offenses listed in (1)
    through (3), above, if the attempt, conspiracy,
    or complicity is an F1 or F2.

39
SENAte Bill 337 Professional licensing
  • Exception The licensing board or agency may
    exercise discretion in denying the license, even
    if the conviction was for an offense other than a
    disqualifying offense or crime of moral turpitude
    if
  • The applicant was convicted of a misdemeanor
    less than one year or a felony less than 3 years
    prior to the date of the application.

40
SENAte Bill 337 Professional licensing
  • Conditional Licenses
  • Senate Bill 337 authorizes a licensing agency to
    issue a conditional license, certification, or
    permit that lasts for one year, after which time
    the conditional license, certification, or permit
    becomes permanent.

41
SENAte Bill 337 Professional licensing
  • Trainee Licenses
  • Senate Bill 337 specifies that no agency that
    issues a trainee license may issue that license
    to an applicant who would not be eligible for
    issuance of a license, certificate, registration,
    permit, card, or other authority to engage in the
    profession or operation for which the trainee
    would apply.

42
SENAte Bill 337 Professional licensing
  • Definition of Trainee License
  • A license, certificate, registration, permit,
    card, or other authority that is issued by any
    licensing agency that authorizes the holder to
    engage as a trainee in a profession, occupation,
    or occupational activity, or to operate as a
    trainee certain specific equipment, machinery, or
    premises.

43
SENAte Bill 337 Professional licensing
  • State Board of Cosmetology-specific provisions
  • (1) Senate Bill 337 prohibits the Board from
    denying certification on the basis of prior
    incarceration or conviction for a crime.
  • (2) Senate Bill 337 requires the Board to assist
    ex-offenders and military veterans who hold
    licenses to find employment.

44
SENAte Bill 337 Professional licensing
  • Casino Control Commission-specific provisions
  • Requires the Commission to provide a written
    statement to each applicant who is denied a
    license that describes the reason(s) for the
    denial.
  • Requires that, not later than January 31 in each
    calendar year, the Commission provide to the
    General Assembly and the Governor a report that,
    for each type of license issued under the Casino
    Control Law, specifies the number of applications
    made in the preceding calendar year for each type
    of such license, the number of applications
    denied in the preceding calendar year for each
    type of such license, and the reasons for those
    denials.

45
SENAte Bill 337 Record sealing
  • Under prior law, an individual could not petition
    his or her sentencing court to have the record of
    a criminal conviction sealed unless the
    individual was a first offender (i.e., the
    individual could have no more than one felony or
    misdemeanor conviction in any jurisdiction in the
    country).

46
SENAte Bill 337 Record sealing
  • Senate Bill 337 expands eligibility for record
    sealing to offenders who satisfy one of the
    following conditions
  • (1) The offender has no more than one felony
    conviction
  • (2) The offender has no more than two
    misdemeanor convictions if the convictions are
    not for the same offense or
  • (3) The offender has not more than one felony
    conviction and not more than one misdemeanor
    conviction.

47
SENAte Bill 337 Record sealing
  • As a general rule, the records of convictions
    involving child victims cannot be sealed. This
    has been interpreted as including convictions for
    nonsupport.
  • Senate Bill 337 removes the prohibition against
    sealing the records of nonsupport convictions,
    provided that the offender applying for sealing
    otherwise qualifies to have the records sealed.

48
SENAte Bill 337 child support determination
  • Imputed Income Generally
  • When a parents income is determined as part of
    the child support calculation, the court or child
    support enforcement agency (CSEA) must consider
    not only the parents gross income, but also any
    potential income that is imputed to a parent who
    is voluntarily unemployed or underemployed.

49
SENAte Bill 337 child support determination
  • Imputed Income Current Interpretation
  • Ohio appellate courts have generally held that a
    parents incarceration constitutes voluntary
    unemployment or underemployment.

50
SENAte Bill 337 child support determination
  • Imputed Income New Exclusion
  • Senate Bill 337 prohibits a court or CSEA from
    determining that a parent is voluntarily
    unemployed or underemployed and from thereby
    imputing income to that parent if the parent is
    incarcerated or institutionalized for a period of
    12 months or more with no other available assets.
  • EXCEPTIONS This requirement does not apply if
    the parent is incarcerated for an offense
    relating to the abuse or neglect of a child who
    is the subject of the support order or criminal
    offense when the obligee or a child who is the
    subject of the support order is a victim of the
    offense. Further, this requirement does not
    apply if its application would be unjust or
    inappropriate and therefore not in the best
    interests of the child.

51
SENAte Bill 337 child support determination
  • Imputed Income Current Factors
  • In determining imputed income, current law
    requires the court or CSEA to consider a number
    of factors, including, but not limited to, the
    parents employment history the parents
    education, mental, and physical disabilities the
    parents social skills and training and the
    parents increased earning capacity because of
    experience.

52
SENAte Bill 337 child support determination
  • Imputed Income New SB 337 Factor
  • Senate Bill 337 includes an additional factor in
    determining imputed income the parents
    decreased earning capacity because of a prior
    felony conviction.

53
SENAte Bill 337 child support determination
  • Discretionary Disregard of Additional Income
  • Senate Bill 337 specifies that a court or CSEA
    may disregard a parents additional income from
    overtime or additional employment when the court
    or CSEA finds that the additional income was
    generated primarily to support a new or
    additional family member or members, or under
    other appropriate circumstances.

54
SENAte Bill 337 child support determination
  • Multiple Orders
  • Senate Bill 337 provides that if both parents
    involved in the immediate child support
    determination have a prior order for support for
    a minor child or children born to both parents,
    the court or CSEA must collect information about
    the existing order or orders and consider those
    together with the current support calculation to
    ensure that the total of all orders for all
    children of the parties does not exceed the
    amount that would have been ordered if all
    children were addressed in a single judicial or
    administrative proceeding.

55
SENAte Bill 337 Drivers Licenses
  • Certain DUS Violations-Penalty Reductions
  • Senate Bill 337 specifies that if a person is
    convicted of DUS and the suspension was imposed
    for one of a number of offenses in which driving
    was not one of the main elements of the offense,
    the offense is an unclassified misdemeanor (same
    as existing law) on a first offense and an M4 on
    a third or subsequent offense within three years
    (lowered from an M1).

56
SENAte Bill 337 Drivers Licenses
  • DUS Penalty Reductions (continued)
  • Applies to the following DUS offenses
  • Disposition of an unruly child.
  • Possession, use, purchase, or receipt of
    cigarettes or other tobacco products by child.
  • Failure to appear in court to answer a citation
    issued for any of a number of specified minor
    misdemeanors.
  • Being in default or noncompliance with child
    support order.
  • Violation of certain provisions relating to beer
    or intoxicating liquor.

57
SENAte Bill 337 Drivers Licenses
  • DUS Penalty Reductions (continued)
  • Failure to appear to answer a charge alleging a
    specified motor vehicle operation or equipment
    violation or a general motor vehicle-related
    violation, or to pay a fine imposed for such
    violation.
  • Use of a fictitious or altered drivers license
    or a drivers license belonging to another person
    by a person under 21 in order to purchase beer or
    intoxicating liquor.
  • The bill eliminates all other penalties that
    previously applied to DUS based upon offenses (1)
    through (7), above, including filing proof of
    financial responsibility with the court,
    restitution, an additional suspension, and
    immobilization or forfeiture of the vehicle.

58
SENAte Bill 337 Drivers Licenses
  • Financial Responsibility Violations/Nonpayment of
    Judgment
  • Senate Bill 337 provides that if a person is
    convicted of DUS and the suspension was imposed
    for violating the state financial responsibility
    law, the offense is an unclassified misdemeanor
    on a first offense (same as existing law) and an
    M4 on a third or subsequent offense within three
    years (lowered from an M1). The bill eliminates
    all other penalties that currently apply to the
    offense, including filing proof of financial
    responsibility with the court, restitution, an
    additional suspension, and immobilization or
    forfeiture of the vehicle.

59
SENAte Bill 337 Drivers Licenses
  • Community Service in Lieu of Suspension
  • For the following offenses, Senate Bill 337
    provides that the court, in lieu of imposing a
    suspension, may order community service
  • Soliciting.
  • Theft of gasoline from a retail seller.
  • Illegal conveyance of a deadly weapon or
    dangerous ordnance into a school safety zone.
  • Consumption of beer or intoxicating liquor in a
    motor vehicle by a person under 18.
  • Giving false information in order to purchase
    beer or intoxicating liquor by a person under 21.
  • Trafficking in cigarettes while using a motor
    vehicle.
  • In addition, for the offenses listed in (1), (4),
    (5), and (6), above, Senate Bill 337 changes the
    mandatory suspension that applied under prior law
    to discretionary suspensions.

60
SENAte Bill 337 Drivers Licenses
  • Nonsupport-Related Suspensions Limited Driving
    Privileges
  • Senate Bill 337 permits a court, in connection
    with a contempt action filed against a person for
    failure to pay support, to grant limited driving
    privileges to a person whose drivers license is
    suspended by the Registrar of Motor Vehicles
    because the Registrar received a notice from a
    CSEA indicating that the person is in default or
    noncompliance under a child support order.

61
SENAte Bill 337 Drivers Licenses
  • Reinstatement Fees
  • Senate Bill 337 permits the Registrar of Motor
    Vehicles, with approval from the Director of
    Public Safety, to adopt rules that permit a
    person to pay reinstatement fees in installments.
  • (Senate Bill 337 maintains a provision in current
    law, which allows courts to permit individual
    offenders to pay drivers license reinstatement
    fees in installments.)

62
SENAte Bill 337 Drivers Licenses
  • Financial Responsibility Provisions
  • Senate Bill 337 eliminates the requirement that
    the Registrar of Motor Vehicles suspend the
    drivers license of any person who is named in a
    motor vehicle accident report that alleges that
    the person was uninsured at the time of the
    accident and then fails to give the Registrar
    acceptable proof of financial responsibility.

63
SENAte Bill 337 Drivers Licenses
  • Financial Responsibility Provisions (continued)
  • Senate Bill 337 modifies some of the civil
    penalties that apply to a person who does not
    maintain proof of financial responsibility
  • Subject to (2) and (3), below, changes the period
    of suspension from a Class E (three months) to a
    Class F (until conditions are met) and also
    eliminates a provision that conditions limited
    driving privileges on the presentation of proof
    of financial responsibility and payment of all
    fees owed to the Registrar.
  • Does not change the civil penalties that apply
    with respect to a person whose operating
    privileges are again suspended and license again
    impounded for such a violation, within five years
    of the violation.
  • Authorizes a court to grant limited driving
    privileges to offenders described in (2), above.

64
SENAte Bill 337 Drivers Licenses
  • Fifteen-Plus Year License Suspensions
  • Senate Bill 337 provides a new set of
    circumstances that a person whose drivers
    license has been suspended for life (Class 1) or
    for a period in excess of 15 years (Class 2) may
    demonstrate to the court in order to be granted a
    modification or termination. The bill authorizes
    modification or termination for offenders who
    demonstrate that they have not had a moving
    violation within five years have not committed a
    vehicular homicide or manslaughter and, in the
    preceding five years, have not violated a
    suspension. As under preexisting law, the
    offender must also have proof of insurance. If
    the suspension was imposed for an OVI, the
    offender must also have completed a treatment
    program and, for the past 15 years, the person
    has not been found guilty of any alcohol-related
    or drug-related offense. (Prior law required
    that the offender not have any felony conviction
    within the preceding 15 years.)

65
SENAte Bill 337 Drivers Licenses
  • Motor Vehicle Equipment Violations
  • The bill lowers the penalties for the following
    offenses, establishing each as a minor
    misdemeanor in all circumstances
  • Driving or moving a vehicle or combination of
    vehicles in a manner that endangers any person.
    (Under prior law, the offense was a MM on a first
    violation and M3 on each subsequent violation.)

66
SENAte Bill 337 Drivers Licenses
  • Motor Vehicle Equipment Violations
  • Lowered PenaltiesMM in all circumstances
    (continued)
  • (2) Operating on the public roads a vehicle that
    is registered in Ohio and does not conform to the
    statutory provisions or rules governing the
    height of bumpers or modifying a vehicle in a
    dangerous manner. (Under prior law, the offense
    was a MM on a first violation and M3 on each
    subsequent violation.)
  • (3) Certain motor vehicle equipment violations
    and all other motor vehicle equipment violations
    for which no penalty was otherwise provided.
    (Under prior law, the offenses for which the
    penalties were lowered were previously MMs on a
    first violation, M4s on a second violation
    within one year of the first violation, and M3s
    on each subsequent violation within one year
    after the first violation.)

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SENAte Bill 337 Drivers Licenses
  • BMV Amnesty Study Committee
  • Senate Bill 337 requires the Department of Public
    Safety to conduct a study on the advisability and
    feasibility of establishing in Ohio a one-time
    amnesty program for the payment of fees and fines
    owed by persons who have been convicted of motor
    vehicle traffic and equipment offenses or have
    had their drivers licenses suspended for any
    reason.

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SENAte Bill 337 juvenile justice
  • Places of Detention Age Thresholds
  • Prior law authorized juvenile courts to order the
    confinement of persons adjudicated a delinquent
    child after turning 18 in places other than those
    authorized solely for confinement of children.
    Senate Bill 337 increases the threshold age to
    21.

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SENAte Bill 337 juvenile justice
  • Places of Detention New Hearing Procedure
  • Senate Bill 337 specifies that any person whose
    case is transferred to another court for criminal
    prosecution or any person who has reached the age
    of 18 but not attained 21 may be held in a place
    other than those authorized solely for the
    confinement of children only if, after a hearing,
    the juvenile court finds by a preponderance of
    the evidence that the youth is a threat to the
    safety and security of the facility.

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SENAte Bill 337 juvenile justice
  • Places of Detention Hearing Factors
  • Factors serving as evidence that a youth is a
    threat to safety and security include, but are
    not limited to
  • The youth has injured or created imminent danger
    to the life or health of another youth or staff
    member by violent behavior
  • On more than one occasion, the youth escaped from
    the facility or program in which the youth is
    being held.
  • The youth established a pattern of disruptive
    behavior by written record that the youths
    behavior is not conducive to the established
    policies and procedures of the facility or
    program where the youth is being held.

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SENAte Bill 337 juvenile justice
  • Places of Detention Review Hearings
  • If the juvenile court determines that a place
    other than those generally considered to be for
    the placement of children is appropriate, the
    person may petition the juvenile court for a
    review hearing 30 days after the initial
    confinement decision, 30 days after any
    subsequent review hearing, or at any time after
    the initial confinement decision upon an
    emergency petition by the youth due to the youth
    facing imminent danger.

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SENAte Bill 337 juvenile justice
  • Sealing Juvenile Records
  • Prior law prohibited the sealing of records of a
    juvenile adjudication for committing aggravated
    murder, murder, rape, sexual battery, or gross
    sexual imposition (GSI). Senate Bill 337 removes
    sexual battery and GSI from the list of offenses
    for which the records may not be sealed.

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SENAte Bill 337 juvenile justice
  • Sealing Juvenile Records Application Process
  • Senate Bill 337 reduces from two years to six
    months the period of time that must elapse
    following the termination of a juvenile court
    order or discharge from DYS, as the case may be,
    before a person may apply to the juvenile court
    for sealing of the record of the adjudication.

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SENAte Bill 337 juvenile justice
  • Sealing Juvenile Records Criminal Records Checks
  • Senate Bill 337 excludes most juvenile
    proceedings and adjudications from criminal
    records checks. Exception The bill permits the
    release of information pertaining to juvenile
    adjudications under which the juvenile court,
    pursuant to a return bindover, imposed an SYO
    disposition upon the person for aggravated
    murder, murder, or a sex offense for which the
    person is required to register.

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State Hiring Practices Moving the Box
  • Moving the have you been convicted of a
    crime? box on state applications a
    collaboration between DRC and DAS

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The Civicc database
  • Online database about the civil impact of
    criminal convictions.
  • The website provides an online database and
    search tools that allow users to learn about the
    collateral consequences of a conviction in Ohio.

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The Civicc database
  • Using the CIVICC database, you can
  • (1) Look up a criminal offense and find out what
    legal barriers are likely to apply in addition to
    the sentence.
  • (2) Look up a particular right or privilege and
    find out what type of criminal conviction might
    block a convicted person from enjoying it.
  • (3) Search for all of the legal side effects of
    a certain type, such as all of the barriers to
    employment in a particular field.
  • The database can be found at
    opd.ohio.gov/CIVICC/

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CONTACT
  • Andre R. Imbrogno
  • Ohio Parole Board
  • andre.imbrogno_at_odrc.state.oh.us

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  • QUESTIONS
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