March 11, 2026 · Judiciary Committee · 14,089 words · 14 speakers · 115 segments
The Senate Judiciary Committee will come to order. Will the clerk please call the roll?
Here. Here.
Mr. Gavroon?
Here.
Senator Gavroon?
Here.
Senator Gavroon?
Here.
Senator Gavroon?
Here. We do have a quorum present. We'll proceed as a full committee. Members, please review the minutes from the March 4th meeting on your iPads. Are there any additions or deletions? Without objections, the minutes are approved. The first order of business is called House Bill 31 for its fourth hearing, and I will now recognize Vice Chair Reynolds for a motion.
Thank you, Mr. Chair. I move to adopt Amendment 1875-1.
The amendment makes confirming changes to the definition of victim's family throughout the bill. The question is, shall the amendment be adopted? Is there any discussion? Is there any objection? Without objection, the amendment is adopted. We did not receive any testimony, but I will now recognize Vice Chair Reynolds for another motion.
I move to favorably report House Bill 31 to the Committee on Rules and Reference.
Will the clerk please call the roll?
Chair Gannon?
Yes.
Vice Chair Reynolds?
Yes.
Republican member McSuffin?
Yes.
Senator Goward?
Yes.
Senator Blussin?
Yes.
Senator Trumlin?
Senator Strick?
Yes.
The sufficient votes. The bill is favorably referred to the Committee on Rules and Reference, and this will stand as the fourth hearing on House Bill 31. We're going to move a little bit out of order, waiting on some sponsors, but we will call Senate Bill 304 for its first hearing and we'll hear sponsor testimony from Senator Lange. Welcome Senator.
Thank you, Mr. Chairman. Chairman Manning, Vice Chair Reynolds, Ranking Member Hicks Hudson, and members of the Senate Judiciary Committee, thank you for the opportunity to present sponsored testimony on Senate Bill 304, a measure that seeks to exempt lien holders from being liable for unfair and excessive towing and storage charges. Ohio's statutory environment for towing enragements has been consistent for many years, but recently an interpretation of existing law has empowered some company holders to hold lien holders responsible for exorbitant towing and storage fees racked up by the registered owner of the vehicle. Many of you are likely familiar with the dealers known as buy here, pay here. These dealers offer vehicles to those in socio-economically challenging situations, and sometimes they offer the loan themselves, which makes them both the dealer and the lien holder. And while this arrangement inherently carries additional risk, it should not warrant an unfair disadvantage in the form of forced payment for excessive towing fees brought on by the registered owner. The interpretation of Ohio's law enforcement towing statute to read that towers may pursue both the registered owner and lien holder for fees has led to several instances of buy-here, pay-here dealers receiving towing bills into hundreds, sometimes even the thousands of dollars. In some instances, the bill for towing and storage fees exceeds the value of the vehicle itself, simply making it unfeasible for the lien holders to pay. These scenarios can lead to losses in the thousands for small businesses that may operate on margins that simply can't sustain such losses. Senate Bill 304 offers a simple solution Towing companies who tow vehicles for law enforcement cannot hold the lien holder responsible for any towing or storage fees if the lien holder does not reclaim the vehicle If neither the owner or lien holder reclaims the motor vehicle within 10 days of the notice to reclaim being sent by a tower, law enforcement may proceed to dispose of the motor vehicle either through public auction, through a motor vehicle salvage dealership dealer or scrap metal processing facility, or through the towing service or storage facility in possession of their motor vehicle. Simply put, this bill protects small businesses from an uncontrollable, unfair expense. Mr. Chairman, thank you for the opportunity to offer sponsored testimony and I'd be happy to answer any questions.
Thank you, Senator, for your testimony. First question goes to Ranking Member Hicks-Hudson.
Of course. Good morning. Thank you for bringing this bill. and I'm interested in how you came up with the time frame by which the vehicle could be sold or auctioned or whatever.
Yeah.
As opposed to maybe a 30-day versus a 10-day.
Current law currently allows for 10 days, but the reality of the situation today, some of these towing companies will wait two, three months to send a notice to start that 10-day period. So we're not changing current law in terms of towing. We're just telling the towing companies you need to get those notices sent out the next day or as soon as possible after you get the car. You know, a $100 a day storage fee for three months, you're looking at $9,000.
Next question goes to Sarah Blessing.
Thank you, Mr. Chairman. So if they can't go after the lien holder and they can't find the actual registered owner or that registered owner is like a complete financial mess, which it sounds like the buy here, pay here dealers kind of target those folks, who then pays for the towing fees and the liability there?
So there is some value to every single one of these vehicles. I'm not sure what the average scrap value of a vehicle that is totaled today is. I would assume that's somewhere in the $500 to $1,000 range, and some would be higher, some would be lower. So my assumption would be, and experts will come in to give testimony, but my assumption, Senator Blessing and Chairman Manning, is that those proceeds would be used to pay the towing company first, and then the municipal entity would retain whatever is left over.
Seeing no further questions, thank you for your testimony.
Thank you very much.
The next order of business is called House Bill 492 for its first hearing and will now hear a sponsor testimony from Representatives Ray and Abrams.
Ockham. Good morning, Chair Manning, Vice Chair Reynolds, Ranking Member Hicks-Hudson, and members of the Senate Judiciary Committee. Thank you for the opportunity to testify this morning on House Bill 492. Now, I'm sure everyone here has seen videos of drivers being stopped and not cooperating with the task of identifying themselves. And if you haven't, I encourage you to do so. While these videos can make you laugh they are real situations when someone intentionally withholds their identity There may be a more serious reason at hand that the officers can identify creating unwanted tension on both sides With the consequences for not identifying yourself to an officer being a minor misdemeanor, there is no real action that an officer can take. When the time comes for consequences, not cooperating shouldn't be treated like a minor inconvenience, but an action that should come with an appropriate penalty. Right now, our laws don't fully reflect the reality of these encounters or give the officers a chance to identify a potentially dangerous individual, but with House Bill 492, they will. If someone fails to identify themselves at a traffic stop, the charge is an unclassified misdemeanor, which is a fine-only offense. By enacting House Bill 492 and changing it to a misdemeanor of the fourth degree, it carries a possibility of a maximum of 30 days in jail, but a fourth-degree misdemeanor gives jails the authority to fingerprint and identify the person before they are released. In some cases, these people have warrants out for their arrest for dangerous crimes, and without being able to identify them, whether at the traffic stop or at their jail, there is no way to know. At the end of the day, this bill is about safety for the public and for the officers. House Bill 492 will make sure basic cooperation during traffic stop becomes the norm, not the exception. And with that, I'm going to hand over the mic to my co-sponsor, Representative Abrams, to talk in more detail about the specifics of the bill.
Thank you, Chair. House Bill 492 was brought to our attention by Ohio law enforcement. Law enforcement officers across our state and nation face unsafe situations during traffic stops when individuals refuse to identify themselves. House Bill 492 can be broken down into two parts, interfering with an arrest and refusal to disclose personal information. The bill expands current provisions in the ORC related to interfering with an arrest by clarifying that this applies to any law specified in Title 45 of the revised code. This includes general motor vehicle laws like running red lights, speeding, OVI. It also applies to any municipal ordinance that is substantially equivalent to any portion under Title 45. Under the bill, the penalty for this section is a misdemeanor of the second degree. The bill also prohibits a vehicle operator from refusing to disclose their name, address, or date of birth when requested by a law enforcement officer. This offense is specific to an officer requesting information when they have witnessed a driver commit a violation of Title 45 offense or equivalent municipal ordinance. The penalty for this offense is a fourth degree misdemeanor. The offense in House Bill 492 is specifically related to Title 45 offenses. This specification is what separates these offenses from similar changes like obstructing official business, obstructing justice, and failure to disclose personal information. The bill gives our police and prosecutors the ability to choose which offense applies for each case. During committee hearings in the Public Safety Committee in the House, the bill saw three major changes. We changed the term law enforcement to peace officer in the bill. This ensures that all of our law enforcement police officers that perform traffic stops across our state and are OPASI certified, the law applies to state troopers. OSP is not always considered in the definition of law enforcement. The second change modified the prohibition against failing to disclose a person's identity to include the passenger. This ensures for officer safety that different rules do not apply depending on where a person is seated in a vehicle We added additional constitutional protections where an operator or passenger does not have to disclose or answer any further questions beyond their name, address, and date of birth. This inclusion matches the new provisions, House Bill 492, to the constitutional protections that are in current law for failure to disclose personal information. The final amendment to 492 modified the relevant forms of transportation by adding under-speed vehicles like motorized bicycles, all-purpose vehicles, snowmobiles, etc. Nationwide, there were 115 police officer line-of-duty deaths in 2025. There have been 24 line-of-duty deaths so far this year. For the year 2024, traffic-related incidents accounted for 46 of the 147 total line-of-duty deaths for police officers, according to the National Law Enforcement Officers Memorial Fund. Our law enforcement face risk every single day that they put their uniform on and start their shift. Traffic stops and domestic violence calls are some of the most dangerous situations for our police. This bill is supported by the Ohio Association of Chiefs of Police, Ohio Prosecuting Attorneys Association, the FOP of Ohio, Buckeye State Sheriff's Association, and the Ohio State Highway Patrol. This bill passed out of Public Safety Committee with a vote of 7 to 3 and the floor 59 to 21. House Bill 492 provides our law enforcement with an extra tool in the toolbox as they work to keep our community safe. Thank you, Chair, for allowing us this opportunity. We are happy to stand for any questions.
Thank you, representatives, for your testimony. Senator Smith with a question.
Thanks very much, Mr. Chairman. Thank you, representatives, for being here. Can you perhaps expand on the reasonable suspicion component and how that could lead to maybe some inconsistent applications from law enforcement? But again, I don't know if there's a way around that, but can you speak to that concern? Thanks.
Sure, through the chair of the representative. As you know, in current law, law enforcement has to, again, I just clarified, witness a Title 45. You know, they just can't pull you over. If you weren't speeding, you didn't run the red light, you're not swerving all over the road on your phone or you're intoxicated or impaired, then they can't stop you. They have to have a reason to stop you, number one.
The reasonable suspicion of a crime, I mean, that's, I mean, are you inferring a passenger or, like, you're saying the driver?
They have to witness you commit a traffic violation. That's what the bill says.
Seeing no further questions, thank you for your testimony. All right, thank you. And this will stand as the first hearing for House Bill 492. The next order of business, call House Bill 132 for its first hearing, and we'll now hear sponsored testimony from representatives Craig and Miller. Welcome.
Well, thank you, Chairman Manning, Vice Chair Reynolds, Ranking Member Hicks Hudson, and members of the Senate Judiciary Committee. Thank you for the opportunity for Representative Melanie Miller and I to provide sponsor testimony on House Bill 132, also known as Philip Weigel's law. House Bill 132 is inspired by the life and sacrifice of Town and Country Fire Lieutenant Philip Weigel. On April 11, 2022, Lieutenant Weigel was struck and killed by a semi-truck while responding to a crash on I-71 near West Salem. The driver of the semi failed to slow down or move over, violating Ohio's current move-over law and ending the life of a husband, father, and dedicated public servant. Lieutenant Weigel left behind a wife, two daughters, and a community still mourning the loss. His death was entirely preventable, and the law should reflect the gravity of what happened. Currently in Ohio, the penalty for violating the move over law is limited to a $300 fine. There is no differentiation in the law for repeat violations or for incidents resulting in serious injury or death. House Bill 132 addresses this by introducing a tiered penalty structure that matches the seriousness of the offense. I will now turn it over to Representative Miller to go over more specifics. Thank you. Thank you. Thank you, Representative Craig, Chair Manning, and members of the Judiciary Committee. The proposed penalties under House Bill 132 are as follows. The first violation would be a fine up to $300, which maintains our current law. Second or subsequent violation within one year would be a fine up to $1,000. A violation resulting in injury would be a fine up to $5,000 and potential driver's license suspension. And finally, violation resulting in death would be a fine up to $10,000 license suspension and a charge of vehicular homicide. This approach is not without precedent. House Bill 132 is similar to legislation that has been enacted in the state of Oklahoma, where a tiered system of penalties has been used to enforce compliance with that state's move-over law. By escalating the consequences based on severity and repeat offenses, Oklahoma has recognized, and we agree, that deterrence and accountability go hand-in-hand. Ohio should adopt a similar model to better protect our first responders and emergency personnel. This legislation is both a memorial and a commitment to do better, to be better, and to stand up for those who protect and serve us. House Bill 132 would send a clear message. Failing to move over is not a minor oversight. It is a potentially fatal act of negligence. It is important to note that House Bill 132 passed the Ohio House unanimously by a vote of 93-0. On behalf of the Weigel family, the Town and Country Fire Department, and all of our emergency roadside workers, we respectfully ask for your support. Thank you, Chair Manning and members of the Judiciary Committee, for the opportunity for us to provide sponsor testimony today. and we welcome any questions from the committee at this time.
Thank you, Representative, for your testimony. I do have one question about the fine. It's pretty significant. Obviously, it causes a death, but a $10,000 fine, I personally would rather have that money go through the wrongful death civil case and go to the family. Is the intent of that $10,000 to go to the family is like a restitution aspect to it, or is that going to the general fund?
Sure. I take this one Great question Chairman Right now it just going through the general fund We would be open to talking through what that other scenario may look like The whole goal of this is if folks know that they could potentially face up to this fine that they will finally redirect their behavior, start to follow the current law, and either slow down or move over. I'm sure you all see it. I see it on my commute down here every single time. folks are just not paying attention, they're on their cell phones doing whatnot. So really it's an incentivized measure, but open to discussing what you had brought up as well.
Ranking member? Thank you. Thank you for this legislation. I'm just wondering about, as you know, that sometimes as a semi is trying to make, get over if it's a three lane, they're not able to get over because someone is on to their left speeding or they can't slow down because of the movement of traffic. How does this legislation take into account those types of factors? And then who would make that determination?
Through Chair Manning to Ranking Member Hicks-Hudson, I'll maybe take the first part of this question and defer to my joint sponsor. In the bill, one of the things that we actually, the Ohio Highway Patrol, had actually talked with us about, we originally we had discussed putting in a number of a speed limit that people would have to maybe get lower to and I know the highway patrol said that can cause more accidents so in the bill we simply just say if you can't move over you have to at least decrease your speed below the posted speed limit so anyone should be able if you see something on the side of the road it should sort of alert you maybe with those brake lights to start slowing down your speed and if you want and take that second part of the question. I'll just add to that. I mean, that was a great description kind of of our conversations. That was raised in our chamber in terms of right now folks aren't even – the current law is you have to slow down or move over. And if you can't move over, you're supposed to slow down. Well, slowing down doesn't mean you're going already 10 above the speed limit and you're slowing down 5, right? You've got to make a concerted effort to at least get below that speed limit. The concern was creating a bottleneck of traffic, and we understand that. So we left the language just you must slow down below the speed limit.
See, no further questions. Thank you for your testimony. Thank you. And this will stand as the first hearing on House Bill 132. The next order of business is called House Bill 519 for its first hearing, and we'll hear sponsored testimony from Representative White. Welcome.
Well, thank you very much, Chair Manning. Vice Chair Reynolds and Ranking Member Hicks Hudson and members of this esteemed Judiciary Committee, I will tell you I'm bringing you yet another unanimously passed bill from the House of Representatives. And so it is with pleasure I tell you about a bill that the Dayton Police Department actually brought to me recently. So what this bill is about, House Bill 519, is it's important tools for law enforcement so they have the additional ability to hold people accountable when they are using these electronic devices to steal cars or their contents. They're basically digitally, that's a hard word to say, digitally lockpicking and stealing these cars. In 2024, a motor vehicle was stolen every 37 seconds in the United States, according to our Highway Traffic Safety Administration. That somewhere in your neighborhood perhaps of 850 vehicles Ohio ranks ninth in the highest number of vehicle thefts And those numbers do not even include the hundreds of thousands of cars where the contents are stolen I will tell you more and more, these electronic key reprogramming devices and other electronic tools they plug into the dashboards as if they're an auto mechanic are being used in our communities. I personally know of a night where at least seven cars were broken into rapidly within minutes and cars stolen with the electronic device. And the reason that I know this is, unfortunately, I happen to be one of the victims. I didn't find out until text, text, text, your credit card's being used. Is there a concern, you know, from your bank? And these thieves got away with hundreds of dollars worth of items from not only my credit card but other people's. So recently, as I mentioned, Dayton reached out to me and said, we need to strengthen the criminal tools definition. Because what happens is, you know, Ohio Revised Code says 292324 says no person will possess or have under the person's control any substance, device, instrument, or article with the purpose to use it criminally. Well, you would say, isn't an electronic tool a device? But we also have a list that are designated as prima facie, just the mere presence that you have this tool means that you could have probable cause in the circumstances, and the law spells out certain one of those. So basically, our goal is to ensure these auto rings and these individuals are held accountable and maybe even deterred, right? So what the witnesses that will come before you will say is that it can be difficult proving the charges in court, even when the facts clearly support criminal intent, because designating the prima a face sheet evidence, am I pronouncing that right? Attorneys in the room. That on its face or first view, it will actually allow more cases to move forward so they have their day in court and justice is served. Along with this designation, the bill also adds a clear definition of an electronic tool or device, meaning any device or tool designated or adapted for use in unlocking or turning on a motor vehicle and does not include the one you get when you buy your car or the auto mechanic is using, right? So lawful owners and lawful possessions are not included in this. So I also want to point out that the Public Safety Committee, you just heard from the chair in here recently, the prosecutors have suggested that we make it abundantly clear that this is about those with intent to commit a theft offense that involves a motor vehicle, including stealing a car and its contents. And we also created a repeat juvenile offender classification to get a little more serious about the number of juvenile rings that are going down. And when I talked to law enforcement across the state, really, they will tell you there are all these rings that are capitalizing on and taking advantage of juveniles, as well as others, to quickly steal cars and move state to state. And you'll hear from some of the Dayton police and others who want to talk about it. So, thank you very much. We did increase a fourth-degree penalty if it's being used, fourth-degree felony also in the Public Safety Committee if it's being used to steal a car or commit a felony. Thank you for this opportunity, and I welcome any opportunity for questions.
Thank you, Representative. The first question goes to Senator Belessin.
Thank you, Mr. Chairman. Thank you, Representative, for bringing this bill. You know, I, too, have had my car stolen before, and certainly I understand the frustration with these sorts of things, but I be curious if you would entertain an amendment that would give some sort of tax credit to automobile manufacturers to start building cars more like the Chameleon XLE which is luxury on the inside but on the outside, it is a complete beater that has a simulated transmission leak that tells criminals, hey, not worth the trouble. Thank you, Mr. Chairman.
Well, thank you, Senator Manning, Senator – Chair Manning and Senator Blessing. An interesting thought about a tax credit, something that I find fascinating that you would propose. And so I'm very interested in looking into that and seeing if, in fact, that would be something that others would be interested in on the committee, as well as if that's something we can get through the House in a concurrence. Thank you, Mr. Chairman. Representative, I was being facetious. It's actually a car that was featured on Saturday Night Live. There is a way to tell criminals that you're not wealthy but smart. So thank you for that. But you are interested in the tax credit, Senator, correct? Okay. Oh, that was all made up. I was shocked that you were asking for more tax credits. Welcome to the Senate.
Ranking member, do you have a real question?
I do have a real question. I do have a real question. Thank you, Mr. Chair. Thank you for bringing this legislation. I just need to know a little bit more about the enhancement for the juvenile offender. because you're saying that if, because in your testimony, you're saying that these offenders may or may not be part of a ring of adults that are stealing cars. Right. The whole purpose of juvenile justice is totally different than adult court. So what is the enhancement? How is someone determined a juvenile offender considered a repeat? So is it one car, 10 cars? What's that look like? Thank you.
Right. I think I had that amendment forwarded to me in here, but for some reason the Wi-Fi is not working so that I would have it right here. I think the thought of the committee was that there would be some consideration for detainment by juvenile offenders. And as you can see in the section of the bill that outlines the juveniles, and I'm happy to have someone come and speak directly to why, it was the committee that requested that change, just to try to serve as more of a deterrent for the juveniles. But it's not the first time. I believe it's more about enhancing for repeat so that there would be a presumption that you may have to spend some time in detainment of some sort. Thank you.
Thank you for that answer. Thank you, Mr. Chair.
I'd like to have further discussion because, as I said, the difference between juvenile court and adult court is the fact that, two, that the court should have discretion on what it should do and whether or not that juvenile is truly a repeat offender, a victim of whatever's going on, or adult's influence. There's a number of different factors that are involved. So if we're saying that a repeat offender is based on getting caught a couple of times, four times, or whatever that time is, that's one thing. It should be left up to the court to make that determination and recommendation, as opposed to something that's automatic, that would be something maybe more for an adult. So I'd like to have further discussions about that, so whomever decided that was a good idea, let's talk.
Chair Manning and Senator Hicks-Hudson, I welcome that. I'll reach out to you. And I do think that this is about using these as criminal tools to steal cars. and steal items in the cars. And a lot of these juveniles are involved in kind of rings. And so I think the thought was how do we clamp down on that? And I welcome the opportunity I'll discuss further. Thank you for your question.
Seeing no further questions, thank you for your testimony. Thank you so much. This will stand as the first hearing on House Bill 519. The next order of business is called Senate Bill 357 for its first hearing, and we will hear testimony from our own Senator Gaviron. Welcome.
Thank you, Chair Manning, Ranking Member Hicks-Hudson, and fellow members of the Judiciary Committee. Thanks for the opportunity to provide sponsor testimony on Senate Bill 357, legislation that builds on the previously enacted Sierra's Law from 2018. In 2016, University of Toledo student Sierra Joggin was abducted and murdered by an individual with a violent past who lived close to her home. After that tragedy, the family of Sierra worked with then-State Senator Randy Gardner of the 2nd Senate District on legislation that would create the statewide violent offenders database. Senate Bill 231, known as Sierra's Law, would then get signed into law by then-Governor John Kasich in December of 2018. Since the enactment of that law, nearly 6,000 violent offenders have registered in the database. Senate Bill 357 builds off the previously enacted Sierra's law by improving the database so that the public can access its information from any location. It creates a publicly available online database. Whether you're on your computer at home or on your phone while you're moving your child into her first off-campus apartment, you'd be able to view this database. Under current law, the violent offenders database can only be accessed at your local sheriff's office. In In addition to improving public access, Senate Bill 57 adds second-degree felony strangulation to the offenses requiring registration and make this information available to law enforcement through LEADS, the Law Enforcement Automated Database System. So law enforcement has a heads-up when they pull over a car with a violent offender. Knowledge is power, an often-cited quote that goes back hundreds of years but still is true today. Knowledge is power for parents. Knowledge can mean having the ability to see if any nearby neighbors have a history of violent offenses. Knowledge, in the case of Senate Bill 357, provides Ohioans with another tool at their disposal to better protect themselves and their loved ones. I think we can all agree that safety is among the top concerns of citizens throughout this state and country, for that matter. We should be exploring all options that we have to keep people in our state safe. Even just giving Ohioans access to the violent offender database at their fingertips can go a long way. In what could be a simple two-minute search on your phone, you can either identify individuals with a past record of violent crimes or a peace of mind that no neighbors nearby have a violent past. Chair Manning, thank you for allowing me to provide sponsor testimony on Senate Bill 357, and I'm happy to answer any questions that the committee may have.
Thank you, Senator, for your testimony. The first question goes to Senator Smith.
Thank you very much. Chair, thank you very much. Senator, I guess I'm wondering, because I have no idea about this, how many other states have a publicly searchable violent offender database and whether or not there are some, you know, have there been any, you know, unintended consequences in terms of vigilantism? You know again I mean if you have somebody that has you know committed a terrible crime in their 20s they done their time they out of the correction system and they a 50 just trying to live their life and are not So again, do we know if other states have similar searchable databases? Thanks very much, Mr. Chair.
Thank you, Chair Manning, to Senator Smith. So right now, it's publicly available, the database. You just have to go to your sheriff's office to view this information. So this doesn't create and make something public that isn't already public. It just makes it easier to access the information so that you don't have to drive to your sheriff's office and sit at their computer and view the information. You'd be able to have it at your fingertips. I'm not sure how many other states have created a violent offender database, but certainly I can get that information and hand it to the chair.
Seeing no further questions, thank you for your testimony. And this will stand as the first hearing on Senate Bill 357. The next order of business is called House Bill 102 for its first hearing, and we'll now hear sponsored testimony from Representatives Klopfenstein and Williams. Welcome. Thank you.
Appreciate the opportunity. Chairman Manning, Vice Chair Reynolds, Ranking Member Hicks Hudson. Members of the Senate Judiciary Committee, thank you for the opportunity to present sponsored testimony on House Bill 102. The back story on this bill, albeit sad, came to me over a year ago when I heard from a constituent whose six-year-old daughter was sexually abused by a neighbor. The perpetrator was convicted, sentenced to 25 years on the sexual offender registry, along with six months probation. Under our current sex offender registry and notification laws, he is prohibited from living within 1,000 feet of any school, preschool, childcare center, children's crisis care facility, or residential infant care center. However, there is no restriction from preventing him from living next door to his victim. This little girl is now afraid to even play in her backyard because he lives so close. Actually, it was shared with us, he'll sit on the back porch and watch. This is a deeply concerning issue, especially considering that 80% of sexual assaults are committed by someone the victim knows. House Bill 102 aims to strengthen these laws by expanding SORN to also prevent sex offenders from living within 2,000 feet of their victim or loitering within 1,000 feet. This change is a vital step in providing much-needed protection and closing a dangerous loophole. This bill is modeled after Oklahoma Senate Bill 1221, which passed the Oklahoma House and Senate unanimously in 2018. and has been adopted in at least five other states. If Ohio law protects children from sex offenders by preventing sex offenders from being with 1,000 feet of Ohio schools, preschools, child care centers, and residential infant care centers, we should be even more vigilant about protecting the minor children who was the sex offender's victim. My six-year-old constituent should not live with constant fear of going outside and experiencing another assault I want her to be able to go outside enjoy the light of the sunshine feel the grass under her feet play with other children and have a chance to heal Her father has told me that seeing the sex offender across the yard sitting on the porch and watching for her further traumatizes her each day, and it's made it increasingly difficult for her to heal. It's time for Ohio to create uniform protection for minors from their sex offenders. We must ensure that sex offenders cannot access the children whose bodies and lives they have violated. I appreciate the opportunity to sponsor testimony on this critical legislation and hereby hand testimony over to my co-sponsor, Representative Williams. Thank you. Chairman Manning, Vice Chair Reynolds, Ranking Member Hicks Hudson, and members of the Senate Judiciary Committee. Thank you for the opportunity to speak today in support of House Bill 102. I also want to thank my joint sponsor, Representative Claverstein and his constituents who brought this issue to our attention and his steadfast efforts to try to address this and the concerns of the parents. Under our current soaring laws, offenders are barred from living near schools, preschools, childcare centers, and similar facilities, yet disturbingly there is nothing in the law that prevents them from residing right next door to their victim. As a result, victims live in constant fear, unable to live peacefully in their homes and neighborhoods. What's even more distressing, many of their victims are children. Confined by their circumstances, they can no longer play outside or enjoy what's left of their childhood innocence. Their sense of safety has been taken away from them, not only by the act of abuse, but by the ongoing proximity to their abuser. This situation is unacceptable and a failure of the system meant to protect our most vulnerable citizen, our children. This is a glaring gap in our laws. While we rightly take measures to protect children, as my joint sponsor said, we often overlook that 80% of sexual assaults are committed by someone the victim actually knows. The existing rules around where registered sex offenders may live do not account for this cruel reality. The idea that a convicted sex offender can legally live mere feet away from the very person they've harmed should alarm each and every one of us. This legislation we are proposing today seeks to close this dangerous loophole. It would expand current soaring restrictions to prohibit registered sex offenders from residing within 2,000 feet of their victims. Additionally, it will prevent them from loitering within 1,000 feet of their victim's residence, school, or place of regular activity. These are not extreme measures. They are common sense protections rooted in the principle that victims should not be re-traumatized by the continued presence of their abuser in their daily lives. Our proposal will provide victims with renewed sense of justice, And while we cannot change the past, we can take action today to ensure that no victim is forced to live in fear in the future. This bill is a vital step towards that goal and I urge your support for this important legislation and stand with countless families who deserve better protection under Ohio law. I don't need to stress the importance of a victim's safety or the safeguarding of our children. These are inherent in our state's values. Chairman Manning, Vice Chair Reynolds, Ranking Member Hicks-Hudson and members of the Senate Judiciary Committee, I thank you once again for the opportunity to testify and support of House Bill 102. And we welcome any and all questions you may have.
Thank you, representatives.
The first question goes to Vice Chair Reynolds. Thank you, Mr. Chair. Thank you so much for the legislation and for testifying today. I do have several questions because I understand the premise of the bill. However, I see a variety of unintended consequences and I just wanted to see if this is well thought through. First of all if you can tell me where the 2000 where do we get that metric Is that something that based on research that if there 2 feet away that it more safe or is that something that is just kind of what the other states do? It's a little arbitrary. How does 2,000 feet make it more safe than even the 1,000 feet that we currently have, which doesn't have anything to do with, of course, the victim? Thank you.
Through the chair to the vice chair. So that came from research that what our current standard is of 1,000 feet and then looking at other states in the distances that they have proposed and came to a reasonable conclusion, knowing that most civil protection orders are as short as 500 feet. Soaring is typically 1,000. We wanted to at least align with what other states are doing, which will put us at the 2,000 threshold. But we're open to discussions about what we think is an appropriate footage. Some of the concerns that we heard through the committee process was how can we tell someone they have to sell the home that they already own? What if the market's down and they're underwater on their mortgage? So we put an exception in there. You don't have to dispose of a property that was owned prior to the incident. But that's still going to affect some victims. There was also concerns by the parents of the victim in this particular case. They wanted it to apply to their offender. And we outlined to them what the law says, is that I can't retroactively increase the soaring requirements. We've done that before in the state of Ohio. When we implemented, I believe it was the Adams-Walsh Act, either we got away from the Adams-Walsh Act or we instituted the Adams-Walsh Act, we gave the Attorney General the ability on his own to reclassify offenders under the new classification system and an offender sued. And the court said that that was an ex post facto increase in penalty and therefore we're not allowed to do it. So that's why we didn't try to apply it retroactively. So we've tried to address every concern that was raised. And if you have a concern in regards to the defeat, I would love to address that concern with your office.
Follow up. Okay, so thank you for sharing that. I have other concerns outside of that, but I appreciate knowing about the retroactivity. In terms of research with respect to registration and, you know, the 1,000 feet or even 2,000 feet, there's lots of research out there that registries don't necessarily keep victims or our communities necessarily safe. It may make us feel good. It's anecdotal, but it doesn't necessarily keep them safe because a lot of the sex offenses are happening with people that they know. So I think that this is even a little more poignant to keep someone safe than just an arbitrary registry that says 1,000 feet. But having said that, with the housing challenges that we currently have of people not even having enough spaces for people to live, when you couple that with offenders, the average offender does three to five years in prison and comes back to the same convicting county that they were convicted in, even a sex offender, now you have the, this is one population that is not allowed to be homeless, per se. They have to register and address. Housing prices are up. Nobody wants them in their neighborhood. So here they are, 1,000 feet from a school, and now even now 2,000 feet from a victim that does grow up and could move. So every time that person moves or a person moves, how does that play into this situation? Does someone now have to, if they're renting, my victim has moved into the area and now I have to move and so forth.
Through the chair to the vice chair, that's a very great question. I'll start with the second point, which is we did put an exception of where when you stay here and the victim moves within the 2,000 foot proximity, you don't have to leave. Like you were already established. It's the victim who's choosing to move closer. This is intended for the individuals that essentially reside next to the victim. Think of renters mostly as what we're talking about here, where your next door neighbor was the one that took your child on their way home from school, put them into their apartment, molested them. They were prosecuted. Many of these sex offenders, I think, should be spending longer terms behind bars. But we've decided as a state that the registration is enough of a punishment. That's why you see the offender in this case gets six months of probation, 25 years worth of registration, where that is his version of punishment, which is the registry. It is difficult on you and that's the intent behind it. When you go out of the county, you gotta register with the sheriff if you're gonna stay there more than three days. If you go out of the state, You need to register in that state to make them aware that you're in a community. If you move, you need to register with the sheriff. If you change your job, you need to register. And I've had some of those cases where an individual failed to update the sheriff on their new address or their new job, and they were prosecuted for that. That's part of the punishment portion is to make it difficult. That's the tradeoff that you don't go spend 25 years in prison for molesting a child. Instead, we give you shorter sentences with this type of penalty. So that's why we address it that way. And we did two things. We allow for individuals that are already there to be grandfathered when a victim move in. And then we also gave some protections to landlords. We allowed the landlords to file an action for taking back the property. If you have an apartment complex and one of your tenants now is convicted of a sex offense and now is around little children, we want a landlord to be able to go in and say, hey, we want to be able to take premises. It's intended for if you're close to the victim, that the landlord can take back the premises and say, you know, we don't not want you, I wouldn't have rented to you if you were a sex defender in the first place, because I have a lot of minor children in an apartment complex.
Okay. Were you, I'm sorry, were you done? I was done. Okay. One last question and then I'll move on and then it hits hugs in the venue. Thank you. So I guess where I'm concerned is that I do appreciate that it's supposed to be hard. That's baked into the process. However, what I'm seeing in the reality is that there are vendors that are coming out and they have nowhere to go because they can't, first of all, there's not enough spaces and we have these laws. So now they're homeless and they're at large and that doesn't make us any safer because they can't register an address. So what we're doing is we're saying, okay, you have to register your whereabouts. Some of them will come in on a daily basis and say, well, here I am, but for the other 23 hours in a day, they're just at large. And so that makes us even more vulnerable. So I just want us to think through policies like this because it's actually safer when we know exactly where they are and we do know, okay, this is the address, so stay away from it, instead of them just floating at large and you have no idea where they are because they can't conform to these requirements.
Through the vice chair and to the vice chair question, that is a valid concern. And I first learned about the difficulties of a registered sex offender when I did a write-along with the Ohio Parole Authority a few months ago and I introduced legislation about some of the feedback that I got from the parole authority on difficulties they have in enforcing their actions. But what I learned was that if you actually are on parole and a registered sex offender, it's easier for you to find housing than if we just released you back on probation and you are a registered sex offender. Because you are a parolee, we're allowed to use reentry programs that you're familiar with and house those individuals at reentry housing that's licensed by the state of Ohio. but if you are simply a registered sex offender, you ineligible for that type of re style housing maybe we want to look at those statutes to make it where an individual that immediately upon their conviction if they have difficulty getting housing because of a new registration they are eligible for that type of re-entry housing. Because the theory behind our Soren requirements is that we want them to be employed. We want them to be housed. We want them to be away from potential victims, right? But we also want them not to re-offend. Absolutely. So that's why a lot of these sex offenders will get sentences that are suspended, hanging over their head with probation and so on. And if they reoffend, you face that 10 years that's hanging over your head. So many of those sentences are guided towards rehabilitation. So then we need to open up the reentry housing to them as well, because I've seen trailer parks that are put in rural areas specifically for sex offenders, where that's where they lease. I've also seen apartment complexes that are specifically positioned to be outside of that exclusion zone So they can provide housing and maybe the rent's $50 extra a month than what is typically market, but there's housing available. But we even had interested parties come and want these individuals banned from being close to parks or playgrounds or anywhere where a child is typically present. And we just can't do that as a state. That would make it where they can't live anywhere, and we're going to end up housing them in prison because they can't find housing. They're going to violate their conditions. They're going to be put in prison. So I'm more than willing to have a discussion with your office about looking at opening up some of our reentry programs to make these individuals eligible if they have difficulty finding housing. We could make it a sentencing requirement of the court that if they are charged with violation for not having an address that the court shall consider forcibly housing them in one of the reentry programs before they send them to prison. There's a lot of opportunity for us in that space. So maybe this could be a vehicle for some good reform when it comes to reentry. I'll let them move on. Thank you.
The next question is the ranking member Hicks Hudson.
Thank you, Mr. Chair, and thank you, Vice Chair, for those questions because they really much follow my line of thinking as it relates to this. I do appreciate the thought behind this bill and the idea of protecting the victim. I'm just wondering about the operational aspect of it. How is it going to work? You mentioned that if the victim moves to where the offender is, the offender doesn't have to move. But, I mean, just practically speaking, with the volatility of housing and things like that in this country, how is this thing going to really work so that the victim is protected, but the offender is not at peril because of some either misidentification, miscommunication, the information didn't get uploaded into the system properly. I mean, this is such a situation or problem that we have to be so thoughtful with to protect the victim, but also to really help that offender not reoffend, not go down that rabbit hole. Because I, too, went on the ride-alongs, and some of the places where these people have to live are horrible. They're worse than maybe even being in prison. So we need to figure this out. I like the bill. I like the premise. But I just have these operational kinds of issues. If you care to respond, we can talk offline. I appreciate it.
through the chair really quickly to the ranking member. I appreciate your concerns and we can address them. As a practicing attorney, we give an exclusion for when the offender lives somewhere and the victim moves close The theory is that the offender can look on our registry and see where the offender resides right Because that publicly available information unlike the previous bill that I just heard So if you're an active victim saying, I don't want to be around my offender, I can go and look and make sure I know where that person resides. I want to stay away from that individual. But let's say I wanted to be an annoyance to the offender as the victim. There's nothing stopping me from trying to go get a civil protection order saying that the person can't be less than 500 feet from me. And everywhere where I go, by civil protection order statutes, the offender has to leave. So every time he's at Applebee's, the victim can walk into Applebee's, the offender has to leave or it's a violation. Like I've dealt with those difficult cases where the victim uses it as a tool to push the offender. So we don't want to do that in this bill. So we specifically tried to create these carve outs to avoid that type of occurrence of like a victim using it as a tool to harass the offender or from a punishment. But the idea is that if there's a sworn violation, it's the discretion of the sheriff to file the actual case. And it's the discretion of the prosecutor to prosecute the case. And I think that's where there's a little bit of discretion that the offender has the ability to come in and say, look, here's my lease. I've lived here since before the person moved in. Here's my deed. I bought the building before the individual moved close. They're doing it to harass me. I think that's where there's discretion. And if there's clarification we can put in the bill to make it perfectly clear, we will add it. At your choosing, I would love to talk to your office about language.
Next question goes to Senator Gaviron. Hi, thank you. I just wanted a clarification on the retroactivity part. So in the case with the six-year-old, say the offender moves across the street, has done whatever time had, buys a place across the street, and then this law goes into effect. Does that require people to move who have bought places? I just kind of, and you said it wasn't retroactive. If you own the place before the offense, then it didn't apply, but what about people who bought after the offense and before? I just kind of wanted clarification. Would something like this help the victim that you're seeking to help?
Through the chair to the member, so any time after the effective date, it cannot apply to any purchases, leases that occurred prior to. Under the court cases that said that the new requirements for SORN cannot be increased to prior offenders. So if they were already convicted, they already are sworn registry, this new classification of 2,000 feet from the victim's residence wouldn't apply to anyone that was convicted prior to the enactment of the bill. And if you are someone that is afterwards, in that instance, I wouldn't think that there would be an issue because you would be convicted afterwards, there's times that it takes to get convicted and have to register, and then by then, we put in a grandfather clause for if you own a property. If you rent a property, there's procedures in place for the landlord to be able to say, hey, we want you to exit the premises. No different if there was any other violations. Normally a criminal violation by a tenant in most lease agreements can be a ground for an eviction anyway. So we try to put that in there to protect landlords that they don't have to lease to sex offenders that committed a sex offense during the term of their lease, that they can come back and try to take possession of the premises. but it doesn't apply retroactively to anyone that owns a home previous to the offense or anyone that owns a home prior to the date of enactment. Because I don't think that I constitutionally can do that. And so landlords wouldn be evicting people They would just maybe not renew the next lease Through the chair to the member it does provide an opportunity for a landlord It's on, there's a section on evictions. It does grant landlords the right to terminate rental agreements if the tenant or the occupant violates the bill's new residency requirement. So that means that if there's, unlike you bought a home, if there's a new requirement, so under the bill, as it's enacted, you have a lease. You live three doors down in an apartment complex from your victim, right? And you get convicted and you have to register. Let's say the offender lies and says he lives at his grandmother's house, but the landlord is told by the victim, this guy is not allowed to live this close to me. We gave the landlord the authority to start an eviction proceeding, to take back possession, to be in compliance with the law. Because I've seen it before where you lie about where you reside and then you reside somewhere else.
Next question goes to Vice Chair Reynolds. Thank you. And I appreciate the bill and I appreciate your explanation. I think a proper amendment may be, or just exception for those reentry programs that are in communities, because they have to abide by the storm laws as well. So I think that if there is a halfway house or a transitional living program or something that is licensed and certified, they shouldn't have to necessarily consider that a victim lives, you know, because everybody's going to have a victim. and at some point are they going to be able to, is that, we want to keep people accountable so if this entity is in the neighborhood to keep someone accountable, then if it has to factor in, well, your victim may be here or your victim may be there or they can't live here because they're victim, I think it's going to make it harder for even to keep them accountable because at the end of the day that's what we're trying to do. So I think that there may need to be some type of exception if you all would consider that. But that's just my take on it.
Through the chairs and the vice chair, we will draft that amendment.
Okay, thank you.
Seeing no further questions, thank you for your testimony.
Thank you.
And this will stand, I'll go back and, as the first hearing for House Bill 102. The next order of business is to call House Bill 168 for its third hearing, and we will now hear an arrested party testimony from Angie Hall. He went a little out of order just because I feel like this is relevant to the previous bill.
Welcome and proceed and ready. Thank you, Mr. Chair. Can I approach? I did make an evidence packet for each of you. We'll have somebody come around. Okay. Thank you. This is on House Bill 168. So through the Chair, Senator Manning, and also to Vice Chair Reynolds, Ranking Member Hicks-Hudson, and members of this committee, I want to thank you for the opportunity to testify today regarding House Bill 168. My name is Angie Hall, and I am here as an interested in party in support of this legislation and to urge for the immediate inclusion of the Public Parks and Playgrounds Amendment 136-0786. House Bill 168 takes important steps to strengthen penalties for registered sex offenders convicted of child enticement and to clarify Ohio Revised Code 2950 so it can be enforced consistently by law enforcement. Those updates matter. However, this bill is currently drafted is incomplete and because of that children remain at risk. The bill does not include protection for public parks and playgrounds and this admission is unacceptable to the public and our residents. During the review of Ohio sex offender statues, several gaps in the existing law were identified. One of the most serious failures was the exclusion of public parks and playgrounds Places that are specifically designed for our children to gather and play and participate in community life. We maintain that Ohio Revised Code 2950, subsection .034, was written in the spirit to protect our children where they regularly gather and play. The omission of our parks and playgrounds can be addressed with this amendment and bill. These locations are not incidental. They are central to Ohio families, and they deserve explicit protection under the law. Ohio Revised Code 2950.034 was clearly intended to protect our children in locations where they're most vulnerable Yet due to the missing language, public parks and playgrounds were left out And as a result, sex offenders are regularly moving and living in close proximity into the spaces where they can target their victim types Last week, we heard from the Ohio Trafficking Association We know that sexual offenders do not just target children for their own offenses, but also funnel them into this network. And by living next to a park where they can remain unseen behind their windows, the public is not aware that they're there. Parents watching are not aware that they are there watching for the opportunity to take a child. Predators do not need to stand outside those parks. They can observe our children currently with this gap from their nearby homes and properties. Public Parks and Playgrounds Amendment 136-0786 directly corrects this failure by prohibiting registered sex offenders from residing within 1,000 feet of public parks and playgrounds. House Bill 168 is the appropriate and responsible vehicle for this amendment. There is no policy-based reason, and there's no moral justification for excluding it. This gap was identified by our own concerned citizens. More than a year ago, this proposal has been discussed with the sponsors of House Bill 168, who advised that this amendment to the bill was the most effective path forward. Their guidance was followed. The amendment was drafted by the Legislative Service Committee last September. Ohio's General Assembly has the authority to act decisively on this legislation with broad bipartisan support. With that authority comes responsibility. Choosing not to include this amendment is not a matter of timing or process. It is a decision to leave children unprotected in the very places where we intend to keep them safe. This amendment is not a punishment. It's a preventative measure. It falls in line with the protective measures already in existence in Ohio law. It does not target a specific individual or group unfairly. This amendment applies uniformly to registered sex offenders consistent with existing residentiary restrictions and does not create a new class It cracks an omission We also understand due to the Hiles Constitution that anybody that currently lives within 1 feet of our public parks and playgrounds are grandfathered in. This closes the gap so that we do not continue to see an influx in the future of them residing near public parks and playgrounds. It does not require anybody to move that already resides there. Thank you.
Thank you so much for your testimony. Are there any questions? Seeing none, thank you once again.
Thank you.
And this will stand as the third hearing on House Bill 168. The next order of business is to call Senate Bill 178 for its second hearing. And we do have, I think, one in-person testimony from Christy Mouncey on behalf of the Collaborative to End Human Trafficking. We'll submit that as written. And this will stand as the second hearing on Senate Bill 178. The next order of business calls Senate Bill 291 for its second hearing, and we will now hear proponent testimony from Leah Shikalov on behalf of the Alliance for Safety and Justice.
Welcome. Good morning, Chair Manning, Vice Chair Reynolds, Ranking Member Hicks-Hudson, and members of the Senate Judiciary Committee. My name is Leah Sakala, and I'm testifying on behalf of the Alliance for Safety and Justice, a multi-state public safety organization. We organize a nationwide network of underserved violent crime victims, which includes 13,000 members here in Ohio. We are proud to support SB 291 because research-based community control is a powerful public safety tool. It allows courts to craft flexible sentences that prioritize accountability, address drivers of crime, and keep people in the workforce supporting their families. And like any tool, following the research brings the best results. SB 291 is needed because right now, Ohio is a national outlier in its over-reliance on community control, which weakens supervision as a safety tool. Ohio keeps far more people on community control than other states do. In fact, more than almost every other state in the nation. Ohio's community control supervision rate is twice as high as the national average, and it outpaces every one of its neighboring states. Also, as a direct consequence of this overuse, technical rule-breaking violations of community control are a major driver of prison admissions, another area where Ohio outpaces nearly every other state in the country. Ohio has this outlier status because current law allows people sentenced to community control to receive terms as long as five years, even for a first-time misdemeanor. While some counties have adopted the kind of targeted research-based terms in this bill, conversations with stakeholders across the state have shown that this is far from the norm everywhere, and the statewide data clearly underscore the problem. This overuse of supervision is counterproductive. It undermines public safety by driving recidivism rates up, it weakens the Ohio workforce, and it uses limited resources that could instead be focused on preventing crime and supporting victims of violence. SB 291 is a balanced, research-based, smart-on-crime approach that advances two key public safety goals. First, making supervision focused on the time period that brings the biggest public safety return. and second, making supervision flexible to ensure real accountability, which includes addressing the drivers of crime. And I'll briefly explain how. So the first goal is that supervision is focused and the research on this is really clear 12 to 18 months of supervision is the critical intervention window that brings the biggest public safety return and that should be the focus of supervision terms Terms that are too long actually undermine public safety by leading to higher recidivism and technical violation rates. And this is why there's overwhelming consensus among supervision experts and major professional organizations, including the American Probation and Parole Association, that standard community control terms should not exceed this 12 to 18 month window. SB 291 would set an initial term cap of three years for misdemeanors and lower level felonies, better aligning Ohio's community control structure with what we know works. Now the second goal this bill would advance is that community control is flexible, and this means shaping supervision to prioritize public safety based on accountability, responding to the needs, circumstances, and conduct of each person. This bill creates multiple pathways for courts to extend the initial three-year terms up to the current five-year limit. Judges will be able to extend terms to respond to violations, address ongoing treatment needs, and ensure that someone finishes required programming and meets restitution obligations. The bill also creates a standard review at the two-year mark for people with lower-level felonies who have followed all the rules, completed all requirements, and stayed crime-free. Together, these provisions ensure that judges have the ability to extend terms when necessary and give people on community control a powerful incentive to take responsibility for their rehabilitation and follow the rules. SB 291 also creates a structure for tailored responses to low-level technical rule breaking, including time in jail, in a community corrections facility, or in needed treatment. Research shows that these kinds of swift and certain sanctions work to hold people accountable for violations and reduce recidivism, keeping people in the workforce and out of prison. So in conclusion, SB 291 is a balanced bill that reflects common sense and research-backed improvements that will make Ohio safer. The bill reflects extensive feedback gathered on last session's version from key Ohio stakeholders, including judges, probation officers, and community corrections associations. The provisions in SB 291 have received widespread support from public safety and corrections experts across the country and align with best practices adopted by other states. I thank Chair Manning and Vice Chair Reynolds for sponsoring the bill. I thank the committee for your time and consideration today, and I would be happy to answer any questions you might have.
Thank you so much for your testimony. Any questions? Seeing none, thank you once again.
Thank you.
Next, we'll hear proponent testimony from Trish Perry on behalf of Ohio Ken. Welcome.
Good morning. Chairman Manning, Vice Chair, Reynolds, Ranking Member Hicks-Hugson, and members of Senate Judicial Committee, thank you for the opportunity to provide pro bonant testimony on Senate Bill 291. My name is Trish Perry, and I'm co-founder of Ohio CAN, which stands for Change Addiction Now, a grassroots organization that supports families and communities impacted by substance use disorder. Our mission is to educate, embrace, and empower families while working to remove the stigma surrounding addiction and recovery. Before I was an advocate, I was a mother, and I am still a mother, of a child that struggles with substance use disorder. More than a decade ago, I learned that my son was struggling with substance use disorder. Like so many families across Ohio, I had no roadmap. I did not know where to turn for help and I quickly discovered that addiction does not just affect one person It affects the whole family And I have seen the heartbreak that addiction brings to the communities across our state This experience led me to become involved with Ohio Can and began working directly with people who are struggling with addiction, homelessness, and the long road to recovery. In this work, we meet many people that are involved in the judicial system and are trying to rebuild their lives while under community supervision. What I have learned through the work is simple. Recovery and stability take time, support, and opportunity. When people are trying to overcome substance use disorder, maintain employment, reconnect with the family, and follow the conditions of supervision, long and inflexible supervision terms can sometimes create additional barriers instead of helping the people to succeed. Many individuals we meet are doing everything they can to move forward. They're working, participating in treatment, recovery programs, and complying with the conditions of their supervision. Yet they remain under supervision for years, even minor technical violations such as missing an appointment because of a transportation or work conflicts can result in serious consequences that disrupt their progress. SB 291 represents a thoughtful step toward a more balanced approach. By creating a tiered system of community control terms based on offense severity and allowing for judicial review after two years for individuals who have complied with their supervision requirements, this bill provides an incentive for people to stay on track and demonstrate accountability. For people in recovery, incentives matter. When someone knows that their progress maintaining sobriety, holding a job, and complying with supervision can create the opportunity for early completion of supervision, it reinforces positive behavior and encourages long-term stability. Just as important, Senate Bill 291 maintains the discretion of judges and supervision officers to continue supervision when legitimate public safety is a concern. This ensures that the system still protects the community while allowing individuals who have demonstrated progress to move forward with their lives. From the perspective of families affected by addiction, we know that recovery is fragile and often hard won. Policies and support stability, employment, and reintegration make a difference in regards to whether someone continues on the path to recovery. Senate Bill 291 reflects a smarter approach that focuses supervision resources where they are most needed while giving people who are doing the right thing a meaningful opportunity to succeed. For these reasons, I respectfully urge the committee to support Senate Bill 291. Thank you for your time and your commitment to the policies that strengthen the families and communities across Ohio. and I'd be glad to take any questions.
Thank you so much for your testimony. Thank you for everything you're doing. Seeing no questions, thank you once again.
Thank you.
Next we'll hear proponent testimony from Adam Pipkin on behalf of Unify.us. Or .us, sorry. Welcome.
Yeah, well, thank you all, and thank you all to Chairman Manning and to the Senate Judiciary Committee for hearing my testimony today. Thank you to Chairman Manning for bringing this important piece of legislation. I work for an organization called Unified.US. It was created in 2025, and we work on national and state policy across the country that make our economy stronger, our family stronger, and our community stronger. It's kind of a merger of economic conservatives and faith-based conservatives. Former senior staff of CPAC and Faith and Freedom Coalition and kind of merge together to form this organization. And we believe that strong families create strong communities, and that is why we are strong advocates for reforming public policy in our criminal justice system where we believe there are better solutions. Today, we join our voices to the efforts to modernize Ohio's community supervision system by incentivizing hard work and successful rehabilitation. SB 291 represents a practical approach to community supervision that will make Ohio safer, stronger, and more prosperous. As such, we urge you to embrace this policy. As you can probably tell, I'm not from Ohio by my accent. I'm from Georgia and have worked on a lot of policy in the state of Georgia. And in 2001, we passed a Senate bill, Senate Bill 105, that was probation reform. form. And at that time, Georgia had more people on probation per capita than any state in the country. So it was signed into law, and this bill created a pathway to termination for felony probation after three years, if specific conditions were met. This bill was designed to reduce recidivism, encourage good behavior and rehabilitation, reduce the caseload for probation officers, and lower the overall cost for the state's community supervision program. The results so far have been pretty good. Since implementation in 2021, roughly 27,000 people have had their sentences reduced by an average of 3.3 years, which has given the state a total estimated savings of $71 million that could be reallocated to active supervision or cases that may require more intensive case management. The cases where there was judicial approval for early probation termination, the recidivism rate was around 5 percent. And Georgia's overall three-year felony recidivism rate is about 27 percent. SB 291 was structured with a lot of the same goals in mind. This bill caps probation terms of three years for individuals on probation who remain in compliance with the conditions of their supervision. while completing key milestones that demonstrate the personal responsibility, which in turn will correlate to lower risk of recidivism. This bill also gives judges the flexibility to extend an individualized supervision plan if the probationer is not in compliance. This creates a process of accountability and matching community control time to meet the needs of public safety. SB 291 also allows those on probation who commit technical violations another pathway to settle their misconduct, rather than sending them back to prison where they cannot be at home with their families or continuing to further their career at their place of employment. All these improvements will enable Ohio's probation officers to focus their time and resources on individuals who pose a higher risk, thus reducing caseloads and improving overall public safety. In closing we ask for your favorable consideration of SB 291 because the evidence is clear When individuals secure steady employment complete treatment and earn educational and vocational credentials their chances of reoffending drop profoundly All of us should want those who are not a danger to society, who have served their time, and who have paid their restitution to be able to transition back into society. instead of getting stuck in what can become a never-ending cycle in the criminal justice system. So on behalf of Unify U.S., thank you for letting me give testimony today. I'm happy to answer any questions.
Thank you so much for your testimony. Thank you for making the trip and your patience. I know it's a long committee today, so we really do appreciate it. First question goes to Senator Smith.
Thanks very much, Chair Manning. Thank you, sir, for appearing in committee. Just so, I want to dive into the data that you've got, second-to-last paragraph on page one. the 27,000 people that had their sentences reduced and only had a 5% recidivism rate as compared to, you said, I think 26%? For three-year felony probation, folks. So, okay, yeah, I'm trying to, I mean, obviously that. Well, keep in mind, too, it's 2026, right? So I guess those numbers could go up. But as we see, I think this was 2025 data, and I'm happy to provide you with that study that was done. And it was retroactive, so it went back to 2017, the Georgia bill did. So from folks 2017 to 2021 that were able to get petitioned to get out early, those folks have had a recidivism rate of, I think it's like 4.9, actually. but 5% as we sit here today in 2026. Okay, but what was the other percentage that you had? I was just saying George's recidivism rate was right at 27%. That was it. Yeah. Okay. So, yeah, I guess my question would be, yeah, Is there a way to quantify when repeat offenses take place? And is it like, is it more likely to happen in the first four years? Is it more likely to happen, you know, I'm like, there's, I'm somewhat familiar with divorce theory. And I know that for some reason divorce happens, you know, kind of here, here, and here, you know, and there's just a very interesting curve. And so I'm just kind of wondering if there's similar spikes or ebbs and flows in repeat offense. Thank you, Mr. Chairman. Yeah, I mean, look, good question. I would say the majority happens in that first three-year window, but certainly it's going to happen longer. I don't know what Georgia's number is. Look, I think it's fair to say that at least in Georgia, for the folks, for the judges, giving them a shorter sentence has appeared to be working as we sit here today, for sure.
Seeing no further questions, thank you once again.
Thank you. Appreciate it.
Next, we'll hear proponent testimony from Allie Alphansetti on behalf of the Prison Fellowship. Welcome. Sorry if I butchered that last name.
No worries, you got it. Chair Manning, Vice Chair Reynolds, and Ranking Member Hicks-Hudson and members of the committee, thank you for the opportunity to offer proponent testimony on Senate Bill 291 I also want to thank Chair Manning and Vice Chair Reynolds for introducing and advocating for this bill I am Allie Alfonsetti and I serve as a legislative strategist for Prison Fellowship Prison Fellowship is the nation's largest Christian nonprofit equipping the church to serve currently and formerly incarcerated people and their families. Prison Fellowship serves men and women in nine Ohio prisons through values-based programming like the Prison Fellowship Academy. In 2025, over 16,000 individuals were under supervision with a community control sanction in Ohio. Community control requirements should strike a balance between providing individuals with stability and guidance while also ensuring public safety. An individual's stability can be challenged with no public safety benefit when minor non-criminal violations lead to incarceration that disrupts that individual's job and home life. Nationwide, an estimated one in four prison admissions are the result of technical violations of probation or parole rather than new criminal conduct. This can undermine the nature of the crime, distort justice in overcrowd facilities with low-risk individuals. SB 291 reforms the current protocol for community control sanctions to better set individuals up for success by tailoring punishments for technical violations. This bill also allows courts to order individuals sentenced to temporary incarceration for a violation to serve their time on nights or weekends, helping to minimize disruptions to their employment and family responsibilities. Additionally, SB 291 reduces unnecessarily long community control terms. Excessively long probationary periods can cause roadblocks for individuals earnestly seeking their second chance. Community control policies that are proportionate, outcome-oriented, and swift will steward resources and fulfill our community's best interests. SP 291 streamlines community control terms by setting maximum supervision links within a tiered system based on offense class. The bill will also provide the opportunity to ask for early termination after two years of felony community control sanctions, encouraging individuals to prioritize productive behavior and compliance with their court-ordered conditions. A justice system that aligns with Mercy acknowledges that transformation is possible while preserving accountability. SB 291 provides judges with the tools to improve supervision outcomes and enhance public safety. Ohio has an opportunity to encourage success for Ohioans on community control by passing and supporting SB 291. Thank you for your time.
Thank you so much for your testimony. Seeing no questions, thank you once again.
Thank you.
And next we'll hear proponent testimony from Vicki Miller on behalf of VM Consulting. Welcome. Thank you for your patience.
Chairman Manning, Vice Chair Reynolds, Ranking Members Hicks-Hudson, and Members of the Senate Judiciary Committee, thank you for the opportunity to provide proponent testimony on Senate Bill 291. My name is Vicki Miller. I'm the creator of the Training Assessment Placement Project, a former vocational educator with the Ohio Department of Rehabilitation and Corrections, and owner of VMC Consulting. Through my work, I engage every day with individuals who are returning to their communities after incarceration and working to rebuild their lives. I see firsthand the challenges they face in finding employment, maintaining housing, reconnecting with their families and complying with the many requirements of community supervision From this experience I strongly support Senate Bill 291 because it reflects what those of us working directly with returning citizens see every day Supervision works best when it's focused, purposeful, and tailored to individual progress, not when it is unnecessarily prolonged. Under current Ohio law, individuals on community control can remain under supervision for up to five years, regardless of the severity of the offense. In practice, this often means people who have done everything right, completed programming, maintained employment, and complied with supervision requirements remain under supervision long after they have demonstrated stability. Long supervision periods can unintentionally create barriers to successful reintegration. Individuals who are trying to move forward in their lives often face technical violations for minor issues such as missed appointments, scheduling conflicts with work, or transportation challenges. When these technical violations accumulate, people can be sent back to jail or prison, even though they have not committed a new crime. This disrupts employment, destabilizes families, and undermines the very progress supervision is intended to support. Senate Bill 291 introduces a smarter, more balanced approach by creating tiered community control terms that reflect offenses severity and allowing the judicial review after two years for individuals who have complied with all requirements. requirements. The bill creates an incentive structure that rewards progress and accountability. People who demonstrate that they're successfully reintegrating into society should have the opportunity to move forward without unnecessary supervision. Importantly, the bill still preserves judicial discretion. Courts will retain the ability to continue supervision when public safety concerns exist or when an individual is not complying within the terms of their supervision. This ensures that supervision resources remain focused on individuals who need them the most. In my work with formerly incarcerated individuals, I see how powerful positive incentives can be When people know that they're hard work, maintaining a job, supporting their families, staying compliant can lead to earlier completion of supervision. They're more motivated to succeed. Senate Bill 291 promotes accountability, supports rehabilitation, and allows our criminal justice system to focus resources where they are most effective. It helps people who have already proven they're ready to move forward while maintaining the safeguards necessary to protect public safety. For these reasons, I respectfully urge the committee to support Senate Bill 291, and thank you for your time and consideration, and I would be happy to answer any questions.
Thank you so much for your testimony, and thank you for your patience once again. Seeing no questions, we really do appreciate it.
Thank you.
Members, please note written proponent testimony from Crime Survivors Speak, Hamilton County Addiction Response Coalition, Pathways to Public Safety, and Americans for Prosperity. And this will stand as the second hearing on Senate Bill 291. And with no further business, we stand adjourned.