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Opponent Commentary

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Excerpt from:
Ohio Sentencing Commission Explains Drug Law and Data

Press Release, September 24, 2002

According to [Ohio Sentencing] Commission data, most drug offenders are misdemeanants. Many face only a fine of $100. Of the 2,650 lowest-level drug felons who wind up in prison, 1,200 (45%) pave their way by violating court-imposed conditions, most typically by committing new crimes, including violent acts and thefts. Nearly 1,000 more (37%) go to prison because they have already been convicted of at least one prior felony. Another 8.5% are convicted of multiple drug charges, not just one possession count.

In short, said [Commission research director Fred] Rauschenberg, "less than 9% of first time single count felony drug users find themselves in prison."

"Remember," [the Commission's executive director David] Diroll added, "the 9% includes persons who pled guilty to avoid more serious charges, offenders with juvenile or misdemeanor records that couldn't be ignored, and those that the court plans to release after serving as little as 30 days."

As for drug users bound for local jails--about one-fifth of all felony drug cases--Commission research shows the average sentence is under 20 days. "We appreciate that the pro-Issue 1 campaign has taken such an energetic interest in usually dry Sentencing Commission data," Rauschenberg said. "But they don't tell the whole story."

 



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