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Ohio Senate Judiciary Committee - 6-3-2026

June 3, 2026 · Judiciary Committee · 19,786 words · 17 speakers · 180 segments

Chair Manningchair

The Senate Judiciary Committee will come to order. Will the clerk please call the roll?

Chair Manning?

Chair Manningchair

Here.

Vice Chair Reynolds? Here.

Ranking Member Ranking Member Hicks-Hudsonassemblymember

Ranking Member Hicks-Hudson?

Present. Senator Blessing?

Blessingother

Here.

Senator Catrona?

Senator Theresa Gavaronesenator

Senator Gaviron?

Gavironother

Here.

Senator Smith?

Smithother

Here.

Chair Manningchair

We do have a quorum present and we'll proceed as a full committee. Members, please review the minutes from the May 20th meeting on your iPads. Are there any additions or deletions? Without objection, the minutes are approved. We do have a very long agenda, as you can tell, with a packed room here and 16 bills up. So we are asking people to try to please limit your testimony to five minutes or less. There's a very bright screen on the podium there that you'll see counting down. It is not a hard cutoff, but I will just give you a polite, please summarize your testimony. If we do hit that five minutes, it would be greatly appreciated because we have a busy day, and a lot of members have different committees that they have to be to, and we just want as many members to hear the testimony as possible. With that, the first order of business is to call House Bill 252 for its first hearing. We will now hear sponsored testimony from Representatives Click and Bird. Welcome.

Chair Manningchair

Thank you, Chairman Manning and Vice Chair Reynolds, Ranking Member Hicks-Hudson, members of the Senate Judiciary Committee. Thank you for allowing us to provide sponsored testimony on House Bill 252. This bill was brought to me by prosecutors both within and without of my district. It's a piece of common sense legislation, and it removes three words from the definition of burglary in the revised code. And those words are force, stealth, and deception. In Seattle County, Donald Bertram prowled a neighborhood until he spotted an open garage. and when he saw that open garage, he pulled up next to it and the homeowner was out working in the lawn and he walked up to the garage. The homeowner was too far away to really do anything meaningful other than say, stop or what are you doing, make some comments. And the burglar smiled at him, I think maybe even weighed, went in, took a $500 leaf blower, put it in his car and took off. Well, Donald Bertram was caught. He was arrested and he was tried and found guilty by a jury of his peers and sentenced to 8 to 12 years. So justice served, right? Well, not so fast. This was appealed, his attorney appealed, based on the fact the ORC states that burglary must include force, stealth, or deception. And so this case went all the way to the Ohio Supreme Court, and a significant amount of time was spent debating whether his smile was deception. And, of course, if a smile is deception, I'm guilty of deceiving a lot of people. And so is Senator Gaviron right now because she's smiling. But they decided it was not, so they vacated the sentence. And it was remanded back to the lower courts. And what's interesting is that the loss to the homeowner is just the same, whether he smiled, whether he's forced to steal or deception or not. Even California states that every person who enters a house, room, apartment, tenant shop, et cetera, et cetera, for the sake of time, for the chairman, I've listed these. I'm not going to read all of these, but California, Florida, Texas, Kentucky, Illinois, California, none of these include forced stealth or deception. In fact, Ohio is very unique in this. The model penal code for burglary states that a person is guilty of burglary if they enter a building or occupied structure or separately secured or occupied portion thereof with a purpose to commit a crime therein unless the premises are at the same time open to the public or the actor is licensed or privileged to enter This is another one of those only in Ohio moments because nowhere else is this definition valid So the fault did not lie with the Supreme Court. They accurately interpreted the law. The fault lies within the code. You and I have the power to change that. Now, through the committee process in the House, through Representatives Matthews and Representative Williams, There were some additional changes made to what we originally introduced, which was primarily those two words, and they created a separate offense, which is more aggravated burglary, for those who do use force, stealth, and deception. And then we also retained the word force when it deals with breaking and entering. And so those are some of the changes made that were separate from my testimony here that were done in the House. Now I yield to my joint sponsor, Representative Byrd, and then we'll be happy to take your questions.

Chairman Manning, with respect to your long agenda, I will just testify that my joint sponsor did an excellent job, and I concur with everything that he said.

Chair Manningchair

We love how concise you were there, Representative Byrd. Are there any questions from committee? Seeing none, thank you both once again. Appreciate it.

Chair Manningchair

Thank you.

Chair Manningchair

And this will stand as the first hearing on House Bill 252. The next order of business is called House Bill 372 for its first hearing, and we'll hear sponsored testimony from Representatives Abrams and Plummer. Welcome.

Thank you, Chairman, members of the Judiciary Committee. Thank you for providing us the opportunity to give sponsored testimony today on House Bill 372. Friday, May 2, 2025 was likely a normal day for all of us. For the Henderson family, it was the worst day of their lives. Following his time with the United States Marine Corps, Deputy Larry Henderson served with the Hamilton County Sheriff's Office for 33 years before retiring in December of 2024. Deputy Henderson loved our community and continued to serve special details for the Sheriff's Office when needed. One of those details was traffic control for the University of Cincinnati's Spring Commencement Ceremony last year, May 2nd, where the university welcomes tens of thousands of people onto campus. While thousands of individuals were celebrating their college graduation, Deputy Henderson was ensuring that people could cross the street safely. It was a busy street. Deputy Henderson stood at the corner of Martin Luther King Drive and Burnett Woods Drive in Clifton, near the traffic box, on the sidewalk, manually running the light. As a car entered the turn lane, waited for the other traffic to pass, and accelerated onto the corner, striking and killing Deputy Henderson. One man made the decision to kill Deputy Henderson just because of the uniform he was wearing. While proudly wearing his uniform, Larry Henderson was a man of high integrity. He had a great sense of humor. He was compassionate. He was a father of five, a grandfather, a husband, a foster father to a six-month-old and a two-year-old. Sadly, here in Ohio, as you all know, we lost four officers in the line of duty last year. I'm not going to read about aggravated murder. Everyone here knows what the ORC says. What I will say is these sections cover the intentional killing of peace officers, prosecutors, corrections officers, first responders, and military members. Every one of those groups of people work to keep us safe and free every single day in this country. House Bill 372 will establish that threatening our safety by killing a peace officer corrections officer prosecutor first responder military member will be met with serious punishment Under current law the penalty for aggravated murder is either the death sentence death penalty life in prison without parole or life in prison with parole after serving 25 to 30 years. This bill simply takes away the opportunity for parole. When a cop killer is eligible for parole, the family's friends and coworkers of the victims have to relive their death over and over again, and the pain and grief that comes with testifying in front of the parole board. House Bill 372 will make sure these families never have to go through this pain and grief again. When I was a young police officer back in the day, we used to type out a letter. Every time a cop killer here in Ohio was up for parole, we would all sign the letter and we'd fax it up to the parole board. I know I'm aging myself, but here we are. I did not believe, even back then, why are we doing this? Why are we doing this? You made a conscious decision to kill a police officer. It's important to note that we're not adding the death penalty. It's already in the code, as all of you know. Ohio's law enforcement, first responders, and military members risk their lives daily for our safety. It is our turn to prove to them that we have their back, not just with words, but with actions, keeping these cop killers where they belong, in prison. I'm going to yield to my joint sponsor here, Representative Plummer.

Chair Manningchair

Thanks, Chairman Manning. I'll be really brief, even though this bill is very, very important to me. If you kill a police officer, you should get life in prison or the death penalty, plain and simple. We had eight officers shot last year. Four of them were fatal. We have to draw a line in the sand and say we're going to protect our first responders. So, guys, thanks for your time. You've got a long day, and we'll open it up for questions. Thanks.

Chair Manningchair

Thank you, representatives, for your work on this and your brief testimony. The first question goes to the ranking member, Hicks Hudson.

Ranking Member Ranking Member Hicks-Hudsonassemblymember

Thank you, Mr. Chair, and thank you, reps, for bringing this bill forward. I just want to be clear, the bottom line is what you're doing is removing the ability for parole. Is that correct?

Through the chair to the senator, yes, ma'am, and we're going to join 41 other states.

Ranking Member Ranking Member Hicks-Hudsonassemblymember

Okay. No, no follow-up. I just needed to know to be clear about what it is.

Chair Manningchair

Any further questions? Seeing none, thank you once again.

Thank you.

Chair Manningchair

And this will stand as the first hearing on House Bill 372. The next order of business is called House Bill 20 for its fourth hearing. I will now make a motion to adopt Substitute Bill 3243-1. This amendment makes obstructing official business an F-4 if the violation creates a risk of physical harm to an emergency service responder. The question is, shall the substitute bill be adopted? Is there any discussion? Are there any objections? Seeing none, the substitute bill is adopted. And we will now hear Interested Party testimony from Stephanie Thomas.

Smithother

Stephanie here.

Chair Manningchair

We will submit her testimony as written. Members, please note written proponent testimony from Greater Ohio Policy Center. And I will now recognize Vice Chair Reynolds for a motion.

Vice Chair Reynoldsassemblymember

Thank you, Mr. Chair. I move to favorably report House Bill 20 to the Committee on Rules and Reference. Will the clerk please call the roll.

Smithother

Chair Manning?

Chair Manningchair

Yes.

Smithother

Vice Chair Reynolds?

Vice Chair Reynoldsassemblymember

Yes.

Smithother

Ranking Member of the Exception?

Ranking Member Ranking Member Hicks-Hudsonassemblymember

Yes.

Smithother

Senator Blessing?

Blessingother

Yes.

Smithother

Senator Petrona? Senator Gowler?

Senator Theresa Gavaronesenator

Yes.

Smithother

Senator Smith?

Smithother

With sufficient votes, the bill is favorably reported to the Committee on Rules and Reference,

Chair Manningchair

and this will stand as the fourth hearing on House Bill 20. The next order of business is called House Bill 195 for its fourth hearing. We did not receive any testimony but I will make a motion to adopt Amendment 2573 This amendment requires the administrative director of the Ohio Supreme Court to issue a billing to the administrative judge of the court to which a retired judge is serving instead of to the county treasurer The question is, shall the amendment be adopted? Is there any discussion? Any objection? Without objection, the amendment is adopted. I will now recognize Vice Chair Reynolds for another motion.

Vice Chair Reynoldsassemblymember

I move to favorably report House Bill 195 to the Committee on Rules and Reference. Will the clerk please call the roll?

Smithother

Chair Mayne?

Chair Manningchair

Yes.

Smithother

Vice Chair Mayne?

Vice Chair Reynoldsassemblymember

Yes.

Smithother

Regimentary excessive?

Ranking Member Ranking Member Hicks-Hudsonassemblymember

Yes.

Smithother

Senator Bessie?

Bessieother

Yes.

Smithother

Senator Trump? Senator Gowbrick?

Senator Theresa Gavaronesenator

Yes.

Smithother

Senator Cue.

Chair Manningchair

With sufficient votes, the bill is favorably reported to Committee on Rules of Reference, and this will stand as the fourth hearing on House Bill 195. Just to note, the roll will be kept open for both House Bill 20 and House Bill 195 until 11 a.m. The next order of business is called Senate Bill 102 for its third hearing. We did not receive any testimony. I will move to adopt Amendment 2716. And this amendment makes clarifying changes from the Department of Commerce and the Bureau of Underground Storage Tanks. The question is, shall the amendment be adopted?

I have a question.

Chair Manningchair

Yes, Frank and Member.

Thank you, Mr. Chair. My question is for clarification. I'm not necessarily opposed to the amendment. It's just that there are some concerns by folks in my neighborhood as it relates to the impact of this amendment, if you know.

Chair Manningchair

The committee will stand at ease just for a moment. We'll come back to where I was just getting some clarifying information. This amendment did come from the Department of Commerce and just allows for them to go after entities like BP and other that may have leaks on the property. So it just clarifies that they are able to go after those companies that are at fault if there is a leak that happens. And it does not affect property that's owned by land banks as far as being able to develop them, if you know.

No, in my understanding it does not. Okay.

Chair Manningchair

Any further discussion?

No, thank you.

Chair Manningchair

Okay. The question is, shall the amendment be adopted without objection? The amendment is adopted, and I'll recognize Vice Chair Reynolds for a motion.

Vice Chair Reynoldsassemblymember

Thank you, Mr. Chair. I move to favorably report Senate Bill 102 to the Committee on Rules and Reference. Will the clerk please call the roll?

Smithother

Chair Manning?

Chair Manningchair

Yes.

Smithother

Vice Chair Reynolds?

Vice Chair Reynoldsassemblymember

Yes.

Smithother

Ranking Member Acceptance?

Ranking Member Ranking Member Hicks-Hudsonassemblymember

Yes.

Smithother

Senator Blessing?

Bessieother

Yes.

Smithother

Senator Petrona?

Senator Theresa Gavaronesenator

Senator Gavarin?

Gavarinother

Senator Smith?

Smithother

With sufficient votes, the bill is favorably reported to the Committee on Rules and Reference,

Chair Manningchair

and this will stand as the third hearing on Senate Bill 102, and the roll will be kept open until 11 a.m. The next order of business is to call Senate Bill 421 for its third hearing. We did not receive any testimony. I will recognize Vice Chair Reynolds for a motion.

Vice Chair Reynoldsassemblymember

I move to favorably report Senate Bill 421 to the Committee on Rules and Reference. Will the clerk please call the roll?

Gavarinother

Chair Manning?

Chair Manningchair

Yes.

Gavarinother

Vice Chair Reynolds?

Vice Chair Reynoldsassemblymember

Yes.

Gavarinother

Senator Bussin?

Ranking Member Ranking Member Hicks-Hudsonassemblymember

Yes.

Gavarinother

Senator Cotermon?

Senator Theresa Gavaronesenator

Senator Gowen?

Gowenother

Senator Smith?

Smithother

With sufficient votes, the bill is favorably reported to Committee on Rules and Reference.

Chair Manningchair

The roll will be kept open until 11 a.m. and this will stand as the third hearing on Senate Bill 421. The next order of business, call House Bill 105 for its third hearing. We will now hear opponent testimony

Daewai Chinfemenwitness

From the International Legal Finance Association, from Daewai Chinfemen.

Chair Manningchair

I apologize if I got that completely wrong. Apologize. I know I butchered that. Welcome to the committee.

Daewai Chinfemenwitness

Good morning. Chairman Manning, Vice Chair Reynolds, Ranking Member Hicks Hudson, and members of the committee. My name is Daewai Chinfemen. I'm here on behalf of the International Legal Finance Association, or ILFA. I was here last year. It's nice to see everybody again. We also I was here last year for Senate Bill 10 and we also opposed HB 105 in the House. I've submitted written testimony and also we've circulated a handout. I'm not going to repeat those points here. At bottom, this is a deeply flawed bill. It is the product of a compromise with which nobody is happy. There is indications in the proponents testimony that they will be back for another bite at the apple. I know there's a lot of fatigue on this bill in this state and nationally, and to the extent any finality is sought here, this is not a durable compromise, particularly on the disclosure point. I'm going to focus on national security because that was an area of great interest at the proponent's hearing. It's also what I understand to be a driving force behind this bill. The national security ban in this bill would be extremely strong, as proponent Uber stated, the strongest in the country. Now, why are we doing that and what does it accomplish? Why are we doing that depends who you ask. From my perspective, it's a de facto ban on the majority of the market. If you're an Ohio small business and you need litigation funding, litigation funders are extremely selective. You'll be lucky if you get two or three offers. If you knock out more than half the market, because more than half the market has legitimate foreign investors disclosed to the SEC, regulated by federal law, you're knocking all of them out. Who gets hurt? The Ohio small business. Who, all of a sudden, the price is going to go up to because there's no competition. So why are we doing that? Well, I would say it's a de facto ban. The good faith argument would be, well, we're doing it because we want to protect Ohio. And it's so important to protect Ohio from these foreign threats that we're willing to de facto wipe out this market. So how do we protect Ohio from foreign threats? What we're doing is banning legitimate third-party funders from funding for-profit litigation in Ohio. If you are—so let's imagine there's two versions of me. My name's Daiwai, Chairman Manning. I butcher my name every time I say it according to my mother, and that is my testimony. But let's say there's two of me. There's the one you see before you today. I'm a litigation funder. I went to law school here. I'm American. Yes, I'm Chinese. We'll get to that in a second. By the way, every example of foreign interference here is China or Russia. You saw my testimony. We would be comfortable with a restriction on countries of concern. This is coextensive with federal law. It also prevents the act, to the extent it's enacted, from being struck down on preemption grounds. Just like many other bills in the United States that violate federal law, violate Trump's America First Investment Policy, these would be subject to federal preemption blocks under FIRMA. So not only is this not a durable compromise, there's grounds for it to be tied up constitutionally in court. Okay, so let's get back to the two of me. So here's the one before you. I am a legitimate litigation funder. Where I used to work has a large Swiss investor. It's an American funder run by Americans, has mostly American investors, does have a large Swiss investor who is firewalled off. The legitimate funder doesn't get any confidential information about the case, does not share that with its investors because it doesn't even have it itself. The funder has no control over the case. The investor has no control over the funder. But because it a Swiss Elk limited partner down the chain we going to bar that funder from operating in Ohio Okay so we going to prevent the legitimate one that can control anything How could that Swiss LP if it had a hostile foreign interest by the way, it's Swiss, it's neutral, weak army knife, but how would they even control? You need to convince, you need to control the funder and get them to violate the law and be seditious and engage in conspiracy against the United States. You need to get control of the lawyers, get them to violate their professional duties to steal confidential trade secrets, and you need to then pass that along overseas. That's very hard, and you can ban that, but what you're not banning is a true malicious actor, the me in China, who's not doing this for profit to make a living, who's doing this to steal the trade secrets. How are they going to do it? Well, this bill defines commercial litigation funders needing to have a profit interest. The Chinese aren't doing this for a profit. They're doing it to steal the trade secrets of the American company. They wouldn't even qualify under this. No disclosure of the Chinese funder that does it for a loan or not for profit, but does it for the trade secrets, for the malicious purpose. That is not covered by this bill. What if they use a Chinese law firm who does it on contingency? Not covered by this bill. The agreement requires a direct interest in the proceeds of a lawsuit. Again, those are not the trade secrets. So they can do it by doing it not-for-profit. That's the easiest way. The other way, not even third-party litigation funding, you'd still need to control the underlying party. Let's just do it as a first party. Instead of having all these restrictions on control and influence, if we're the Chinese, let's just invest in the company. Let's install a board member. Let's control the company. That way we can control it directly. We can get the trade secrets directly. We can send them to China. We don't need to have lawyers violate the rules of professional conduct and subject themselves to criminal exposure. I know I'm running a long time. Apologies if that was dramatic. But the foreign me, to the extent he's malicious, has a lot of ideas. This bill is a de facto ban on the majority of the market, which will hurt Ohio small businesses. And why are we doing it? For a loophole-filled compromise that will be back in a year and only exposes the true risks to Ohio courts to the extent they exist of bad actors, which would not be covered by this bill at all.

Chair Manningchair

Thank you so much for your testimony and your work on this bill. I know it's a difficult subject here. Any questions from committee?

I guess I have one. I mean, is there a way to, you know, I know there was an amendment out there that I spoke to last week about just adversal countries. You know, I don't think that went over well. Is there a way to wall off, you know, in your situation, where it sounds like you are walling off the Swiss company where we would have language where maybe that would be as long as there is an American presence where that would be allowed? Or, okay, I haven't seen it.

Daewai Chinfemenwitness

Yes, that would be, I mean, we don't have that, but we'd be amenable. Our goal here is to get to yes, as always. As much as I like coming back here, my wife's not pleased with the level of travel.

Chair Manningchair

We love having you in Columbus. But anyways, we can address that.

Daewai Chinfemenwitness

You could have firewalls. You could prevent information flow to the investors. Again, for the legitimate third-party commercial litigation funders who are helping Ohio small businesses, this is not an issue. It's just not an issue, and this is being looked at federally, in states, all over the country.

Chair Manningchair

Appreciate that. Seeing no further questions, thank you once again for your testimony.

Daewai Chinfemenwitness

Thank you.

Chair Manningchair

Members, please note written opponent testimony from Save Our States Action Consumer Defense and Heartland Impact And this will stand as the third hearing on House Bill 105 In next order of business to call Senate Bill 422 for its third hearing I will move to adopt a substitute bill number 2009 The substitute bill adds to the list of legitimate purposes attending public, civic, or community meetings held on school premises during non-school hours, provided no children are present at the meeting. If the offender is a student enrolled at the school attending classroom instruction on a day that the school is in session or serving in in-school suspension, being on the premise for purposes of voting on the day of election if the offender is registered to vote and is assigned to that polling place. Also adds to the list of affirmative defenses a student enrolled at the school for legitimate purpose. adds affirmative defense language when a student offender that is enrolled in the district is entitled to attend school and receive an education, giving school districts the ability to impose reasonable safety and supervision conditions on the student's presence on school premises. It also lowers the penalties in the bill to an M2 on the first offense, M1 on the second offense, and F5 on the subsequent offense. The question is, and just to remind members, this is still a working document here, but the question is, shall the substitute bill be adopted? Is there any discussion? Is there any objection? Seeing none, the amendment is adopted. Members, please note written testimony, opponent testimony, from the Ohio Association of Criminal Defense Lawyers and interested party testimony from the Ohio School Boards Association. And this will stand as the third hearing on Senate Bill 422. The next order of business is called House Bill 210 for its fourth hearing. We were planning to adopt the amendment today, but we are still working with the sponsors and the arrested parties on potential changes, so therefore stay tuned, I guess. So this will stand as the fourth hearing on House Bill 210. The next order of business is to call House Bill 126 for its fifth hearing. I will move to adopt Amendment 2572-1. Oh, excuse me. I will not remove my movement to adopt the amendment. We were going to adopt Amendment 2572-1. This amendment defines data centers, clarifying that product as defined in the bill does not include a data center. I think many members received emails from interested parties and opponents to data centers that were fearful that this bill could have a negative impact on BML to data centers over a nuisance. I do not believe that is the case under the current bill. I do not feel that this amendment is necessary, but I wanted to put it out there and see if members, we are not voting this bill out today, so I just wanted to at least put it out there to see if members, if this would make them more comfortable to clarify that data centers are not a product as defined under the bill. So we will not be adopting an amendment, but take a look at that and feel free to reach out to my office if you have any questions or concerns, and we will decide as a committee whether to adopt that at the next hearing. And this will stand as the fifth hearing on House Bill 126. The next order of business is to call House Bill 296 for its second hearing. We will now hear proponent testimony from Sarah Henry on behalf of the Prison Fellowship.

Sarah Henrywitness

Welcome Chair Manning Vice Chair Reynolds Ranking Member Hitz thank you for the opportunity to submit proponent testimony on House Bill 296 this morning My name is Sarah Henry. I am the Senior Manager of State Government Affairs for Prison Fellowship. I would also like to thank Representative Miller and the co-sponsors on this bill for their leadership on this important issue. Prison Fellowship is the nation's largest Christian nonprofit that serves currently and formerly incarcerated individuals and their families. Prison Fellowship serves men and women in eight Ohio prisons through value-based programming like the Prison Fellowship Academy. In the early period after prison, the risks of recidivism, suicide, drug relapse, homelessness, and unemployment for men and women are particularly high. To aid in this transition period, this legislation provides individuals returning from incarceration or transitional control with a six-month grace period during which they are not required to make payments on court-assessed fines, fees, or other financial sanctions related to their criminal case. This bill does not apply to restitution, and it does not forgive or reduce the total amount owed. Alabama, Tennessee, Oklahoma, and Virginia have passed similar grace periods. This bill would ensure that formerly incarcerated Ohioans can prioritize the stability needed in this key window to leave crime and destructive behavior behind and avoid a return to prison. Financial sanctions can be a legitimate tool for holding individuals accountable for crime, but they should not be unduly burdensome to the steadiness and success of those with a criminal record. When court debt appears to be an unattainable amount, a defendant may be less likely to make payments. By delaying debt payment until there is more capability to pay, it has the potential to increase collection rates. The various consequences of non-payment of court debt can really inhibit an individual as they seek to pursue success and opportunity after serving their time. My friend Emily is going to testify today as to some of the personal impacts of those hardships. Ohio has made great strides in supporting Ohioans during reentry, and we hope that this work can continue by passing and supporting House Bill 296. Thank you for your time.

Chair Manningchair

Thank you for your testimony. Are there any questions from committee? I guess my question would be, I'm certainly supportive of the idea behind this bill. I think I expressed previously about, you know, while not often the case, but on occasion there might be somebody that has significant assets or, you know, whether that's in, you know, liquidated assets or whether there's, you know, whether it's a home or a business or whatever the case might be that clearly can pay. their fines and costs immediately. Is there anything that we can do where maybe they're not getting that six-month bump? Do you think maybe multimillionaires that are coming out of prison should be paying that immediately?

Sarah Henrywitness

Thank you for your question, Chair Manning. Most individuals who are leaving incarceration are facing many hardships and are facing a hard financial situation. If an individual has the capability to pay, We are not preventing them from paying earlier. But the states that we model this legislation off of, they don't distinguish between ability to pay, just recognizing that that the vast majority of individuals are in a really hard time and have a lot to do right out of incarceration so that this can set them up for success.

Chair Manningchair

Any further questions? Seeing none, thank you once again for your testimony.

Sarah Henrywitness

Thank you, Chair.

Chair Manningchair

Next, we'll hear from Emily Albalmer on behalf of the Prison Fellowship as well. Welcome.

Emily Vollmerwitness

Good morning. Chair Manning, Vice Chair Reynolds, and Ranking Member Hicks Hudson and members of the committee, thank you for the opportunity to testify in support of House Bill 296. My name is Emily Vollmer. I am a Christian who was incarcerated for 18 months between jail and prison here in Ohio. I am a Justice Ambassador Advocate with Prison Fellowship. Unfortunately, I was in an abusive relationship that led to my incarceration. Prior to jail and prison, I knew of God but did not have a relationship with him. While awaiting my sentence, I was baptized and encountered Jesus like never before. After incarceration, I walked out of prison grounded in Christ but was also faced with $10,000 in court fines and fees. When I was released, my entire world was flipped upside down. I lost my home, my children, my employment, and more importantly, my sense of purpose. I left the Ohio Reformatory for Women and was on post-release control, feeling absolutely lost. If it had not been for one friend who took me in during my most vulnerable time, I do not know if I would be standing here in front of you today. But God knew exactly what he was doing. That friend is now my husband, whom I am extremely blessed to be with. During the reentry process, I was very diligent about meeting with my parole officer. I worked hard to meet all of the conditions of my release, including mental health care, child support, and a monthly parole fee. On top of that, being faced with over $10,000 worth of court fines and fees during one of the most difficult times of my life caused me to feel like I was going to prison all over again. Even though I was discouraged by this overwhelming debt, I did not lose hope that I could follow the new path God has me on. I was able to secure a job as a general manager at a local establishment despite my criminal record. I worked 60-plus hours a week, but even with that, I could barely pay the child support, health insurance for my kids, parole fees, and meet my basic living expenses. At this point in my reentry journey, I had nothing left to pay towards my fines and fees. I was not given any time to get back on my feet before starting payments. After roughly six months, I received a summons from my sentencing judge over the unpaid court debt. The judge made it clear that if I did not start paying the court fines and fees immediately, I could be sent back to prison. I was told I could apply my monthly parole fee towards these costs, an option I hadn't even known existed. Just as I was beginning to feel stable, I suddenly faced the possibility of more time behind bars. It was terrifying. All I could do was pray and do my best to figure out a way forward. After six months on PRC, I completed all of the responsibilities outside of repaying my court debt. Because of those fines and fees I remained under PRC supervision for a total of three years When my PRC finally ended it was marked as unsuccessful simply because I was still making payments at that time I am still learning about the implications this unsuccessful label has for my future. Additionally, I am studying to become a social worker and I may not be eligible to apply for the licensure or sit for the exam due to this labeled from the fines and fees. I hope and pray that others do not have to go through what I have been through. I stand before you to share how helpful House Bill 296 would have been for me and the possible impact for Ohioans returning home from prison. If we can give six months of grace to those trying to positively rebuild their lives, it will give them time to get on their feet and be better positioned to successfully make their payments, preventing non-payment from snowballing into other consequences. Thank you all for your time and attention, and I hope you will all support House Bill 296.

Vice Chair Reynoldsassemblymember

I'm happy to answer any questions.

Chair Manningchair

Thank you so much for your testimony. Seeing no questions, thank you once again.

Vice Chair Reynoldsassemblymember

Thank you. Appreciate it.

Chair Manningchair

Next we'll hear from Patrick Higgins on behalf of the ACLU of Ohio. As always, welcome.

Vice Chair Reynoldsassemblymember

Thanks for having me back. All right, good morning Chair Manning, Vice Chair Reynolds, Ranking Member Hicks-Hudson, and members of the committee. My name is Patrick Higgins, and I have the pleasure of serving as Senior Policy Counsel for the ACLU of Ohio. As over in the House, I have the pleasure of following Ms. Vollmer and experts from the Prison Fellowship giving their testimony in support of this bill, and it's a great honor to follow their lead in doing this work. So I appreciate the opportunity to testify in support of House Bill 296, which we see as a straightforward approach to easing the the often insurmountable burdens faced by our neighbors who are returning to our communities after reentry, those burdens that you just heard about that can stack up in folks' lives. So the many folks who are in Ohio's prisons and those on traditional control, most of them are going to come home. We're looking at anywhere, you know, usually north of 15,000 people, getting upwards close of 20,000 people on an annual basis. We know that when folks come home, that when we support them with intention that their reentry does better. And so it's with that spirit in mind that I hope we have a shared value of supporting folks and making sure that that reentry happens successfully. So it's with that shared value that I hope we have in mind that we extend our gratitude to Representative Miller and the other co-sponsors on the bill for leading on this legislation and making the case for it so clearly. So, you know, as Ohioans return to their communities after incarceration, they face, you know, costly tasks, burdens, other things, getting out of prison, getting an I.D., which we solved in previous legislation, all costly, especially in our places where folks don't have transportation, need to get to the places appointment after appointment. So I think it only makes sense that in these instances, we follow this path laid out in House Bill 296 so that folks don't have those debts necessarily forgiven, but move back so that we can focus on those immediate expenses that reduce recidivism and facilitate a successful reentry. So rather than keeping our neighbors trapped in cycles of poverty and punishment, we believe this legislation will give folks an opportunity they previously don't have or currently don't have. Now, it wouldn't be a testimony in the Senate Judiciary Committee from the ACLU of Ohio without a suggestion of how you can make this bill stronger, which is something that I know is in the back of everyone's mind. So when we look at recidivism numbers, we know in Ohio and on a nationwide basis that successful reentry can take a lifetime There no one approach But we do know that successful reentry hinges on different dates with a one timeline being the period of time in which recidivism happens most frequently or most often. So it's with that in mind, I encourage you to consider changing the timeline to a one-year timeline rather than a six-year timeline. I also notice that there's a large insect that's landed in front of the committee, so if you need to address that, I'm happy to pause my testimony. Otherwise, I'm happy to wrap up. We're grateful to the committee, to the sponsors. We hope you share that value with us, supporting successful reentry, and I encourage you to report this bill favorably. So thank you for the time.

Chair Manningchair

Thank you for your testimony and not getting distracted. If you hear us screaming up here, it did look like a large wasp, so hopefully we're all safe up here. Are there any questions from the committee?

Ranking Member Ranking Member Hicks-Hudsonassemblymember

You heard my question before. And maybe I'm making mountains out of molehills here, but I just feel like if somebody has the means to pay, they should pay right away. And I don't know what the right way to do that is. I don't want to put a burden on individuals to have to go to court and prove that they're indigent necessarily. Obviously, a lot of them have already done that to get court-appointing counsel. Or do you put the burden on the prosecutor to try to make a motion to show that, hey, this person has the means? But if, you know, we have white collar crime, we have individuals that are very wealthy that commit violent offenses and go to prison. And quite frankly, I don't think they should get a six month timeout where they don't have to pay. I completely agree with your testimony and others where if people don't have the means to pay, this is a great bill. But is there a way to carve that out without putting an additional burden on the courts or on individuals? You're smarter than I am, so maybe you can come up with that.

Vice Chair Reynoldsassemblymember

I will claim that. But, you know, Mr. Chair, thank you for the question. You know, I'd be happy to, you know, spin my wheels on that and get back in touch with you and the committee. I do know from my past working as an attorney aiding folks through the reentry process that the very vast majority of these folks are indigent coming out of prison, especially in the bill. I think we're looking at, you know, sentences of, you know, at least a year, obviously, coming out of prison. And the very vast majority of people that, you know, I've met with personally and know through, you know, the data are coming out indigent. And so I think it would be difficult to set an additional step, again, determining whether that ability to pay for everyone coming out. I am entertaining the idea in my mind of what you said about if there's evidence that a person has a ton of money, there could be something there. But the very, very vast majority of the folks coming out of our prisons are indigent and could really use the grace that's offered in this bill. And I don't expect you to know this off the top here, but at least when I was practicing defense work, It seemed like the overwhelming amount of people were found indigent already. So is that a way to do it, if they're found indigent pre-sentence or during their trial process? I don't know what that percentage is, if that's 50, 90, I don't know. But that could be an easy way where it's not an administrative nightmare because they've already found indigent. Would that be something that would work? I'd be happy to take a look at it again.

Ranking Member Ranking Member Hicks-Hudsonassemblymember

I'm putting you on the spot.

Vice Chair Reynoldsassemblymember

No, it's okay. That's what I'm here for. Again, though, I'm thinking of what a year in prison can do to someone's finances, because when you lose a household income, other supports, hopefully folks have all of the supports when they get out of prison, but without, I think that passage of time really suggests that at least a year ago, determination of a person's financial status could have changed and likely changed very significantly in that time.

Chair Manningchair

Well I appreciate it I hope there no further questions Thank you once again Thank you Next we will hear proponent testimony from Ms Jalou Bures on behalf of the Ohio Justice and Policy Center

Sorry. The hue is new. Good morning, Chair Manning, Vice Chair Reynolds, Ranking Member Hicks-Hudson, and members of the Senate Judiciary Committee. Thank you for allowing me to testify on behalf of the Ohio Justice and Policy Center and in support of House Bill 296, legislation concerning financial sanctions following release from either prison or transitional control. I'd like to thank Representative Miller for introducing this important piece of legislation. At OJPC, we don't write people off. We are a nonprofit law firm with offices in Cincinnati, Columbus and Cleveland, and our mission is to promote fair, intelligent and redemptive criminal justice systems. We fight for equal, compassionate justice and fair treatment of those who are incarcerated in all stages of their incarceration because every person deserves dignity after their conviction and freedom after their sentence. We sentence our policy reform agenda around our legal projects, which include beyond guilt, second chance and human rights in prison. This guides, of course, our work with the Ohio legislature and our belief that House Bill 296 can help give those with criminal records a needed second chance and can help Ohio further expand the freedom of people with criminal records and empower them to positively participate in their communities, to break generational cycles of poverty. Ohio has a very high incarceration rate, and one in every three Ohio adults has a criminal record of some kind. Incarceration in Ohio is costly at over $44,000 a year per person, and our prisons are overcrowded, sometimes exceeding 130% capacity. The average prison stay is 2.73 years, and 95% of state prisoners are released eventually, nearly 80% into parole supervision. The impact of the state's penal system is much closer to us than many realize. Upon reentry with a criminal record, one will encounter collateral sanctions, 2,679 legal penalties and restrictions at the state and federal level. These collateral sanctions include things like obtaining and retaining employment, finding safe, stable housing, pursuing an education, acquiring professional licensure, and volunteering at schools or charities. And this is compounding when we consider that the root causes of crime are poverty, lack of education, and untreated mental health and addiction. Collateral sanctions account for billions of dollars in lost wages, wages that generate wealth for households and taxable income for governments. Fifty percent of people with court-related financial obligations have experienced homelessness at some point in their lives. Communities and families, not just individuals, bear the cost when someone with a criminal record can't obtain stability. By delaying court fine and fee payments for the first six months after re-entry, House Bill 296 allows individuals to stabilize their finances, secure essential needs like housing and employment, and focus on rebuilding their lives without the immediate pressure of debt collectors and the risk of negative consequences. This period is crucial for establishing a foundation for long-term care. financial health, as immediate payment obligations can lead to lower credit scores, difficulties in obtaining loans, and potential re-incarceration for unpaid debt. Historically, Ohio has justified court fines and fees to further punish and fund the justice system, the idea being that the cost of the legal process is the responsibility of the person who created the need for the expenditure and to deter future misconduct. However, this and other very recent General Assemblies have noted the unintended impact of justice-related payments and debt on that very misconduct and are championing bipartisan reforms. These have included but are not limited to prohibitions on arrest or citation quotas, as well as ending and automatically removing existing driver's license suspensions for unpaid court fines and fees related to minor traffic offenses and sub-drug violations. House Bill 296 is very aligned with your progress towards smarter and more redemptive criminal justice systems, as well as safer and thriving communities. Chair Manning, Vice Chair Reynolds, Ranking Member Hicks Hudson, and members of the Judiciary Committee, thank you for allowing me to testify on House Bill 296 on behalf of the Ohio Justice and Policy Center. I'd be happy to answer your questions.

Chair Manningchair

Thank you so much. Is it Michaela or Michelle?

It's Misha Ayla.

Chair Manningchair

Michelle. I was trying to read it phonetically, and I screwed up even worse. But thank you for your testimony. Are there any questions from committee? Seeing none, thank you once again.

Thank you.

Chair Manningchair

Members, please note written proponent testimony from numerous different organizations, and this will stand as the second hearing on House Bill 296. The next order of business is to call House Bill 519 for its second hearing. We will now hear proponent testimony from Andrew Sexton on behalf of the Dayton Police Department. Welcome.

Daewai Chinfemenwitness

Good morning. Chair Manning, Vice Chair Reynolds, and Ranking Member Hicks Hudson and the rest of the Judiciary Committee. Sexton. I'm the attorney for the Dayton Police Department, and this is a very important issue for the city of Dayton and across the state of Ohio, quite frankly. 2022, there was a TikTok video that went out that showed on TikTok how to hotwire Hondas and Kia vehicles, and that took off across the state of Ohio, particularly in our larger cities. Dayton was not an exception to that. One of the tools that has been used in these car thefts have been a device, one of the devices that's used is commonly referred to as an Autel. There are other devices. These are devices that can be used to essentially break into the vehicle without forced entry. They can create a key. Oftentimes individuals who are using these have blank key fobs with them. They create a key that can operate that vehicle. and if you, the owner of that vehicle, have your own key, it can actually disengage your own key. You can no longer use your key, and then the folks can take your car. Luckily, across the country, I think, and in Dayton, we've seen a decrease in the Kia and Hyundai Thest. They still occur weekly. We've seen now a shift maybe from the quantity of vehicles to the quality of vehicles. I have a Kia, so I can't say too much about the quality of the vehicle. I have one. But we're seeing the different types of vehicles being taken now. They being taken from car dealership lots more expensive vehicles taken from the suburbs being brought back into the cities We a couple years ago had a very large chop shop discovered in the city of Dayton that had very high-end vehicles, and all-tail devices were found throughout that particular chop shop. So this is a very important issue for large cities, all cities across the state, but especially the city of Dayton. The bill that has been sent over from the House has a provision that designates the electronic devices or tools as defined in the bill as prima facie evidence of criminal purpose, and it's my testimony that this is both legally sound and practically necessary. I've been the attorney for the Dayton Police Department since 2022, but I was a prosecutor for 20 years prior to that. So I do have some courtroom experience with the statute in question and the effect of making something prima facie evidence. When a tool like an Autel is found in the possession of someone with no lawful reason to have it, it's my testimony that it's not merely suspicious. It is evidence of criminal purpose. Yet under current law, prosecutors are often forced to meet their burden by circumstantial evidence or post hoc admissions to show that criminal intent, occasionally making it unnecessarily difficult to move forward with charges, even when, in the opinion of law enforcement, the facts clearly support that criminal intent. Why is that sometimes difficult? Because autels are a lawful device. They're used by mechanics and other people for lawful purposes. Any one of us could go down to a Riley's or some auto shop and purchase an autel. Same with blank key fobs. These are things that in and of themselves are not criminal. But when you combine those two together with a criminal purpose to steal a motor vehicle, as we have in the prime officious section that's been brought over from the House, it creates a rebuttable presumption that there is a criminal purpose in possession of this item. And that rebuttable presumption is very important. The state still has a burden of production to show that that prima facie elements have been met. And in this particular bill that's been sent over, it's the possession or control of an electronic device or tool under circumstances indicating an intent to commit a theft offense that involves a motor vehicle. So if you have your mechanic and those sorts of folks, they would not likely or should not likely be brought under the auspices of this particular bill. Again, it does not criminalize ownership in and of itself, nor does it remove the presumption of innocence. What it does allow prosecutors to present a reasonable legal inference that the possession of the tool is uniquely suited for auto theft. They do not have any legitimate purpose for using it. And the defendant is free to rebut that inference by showing their authorized repair technicians are otherwise acting lawfully. I've understood, I know I'm out of time. I understood there's some conversation about changing mens rea to knowingly. I would suggest that puts us in some ways in the same position that we were in already under the existing language. Instead of creating that rebuttal presumption again we have to prove affirmatively that the person is knowingly possessing the item for a criminal purpose I also understand there are some concerns about the juvenile provisions in the bill I had to ask for some data from our statisticians in the date police department was unable to get those, but I can tell you anecdotally that a large portion of these vehicles are being stolen by juveniles. I have a detective here with me today that can talk more about the operations of the device and how it's affecting patrol and the detective section, but those are important provisions given the individuals who are most involved in this particular type of behavior, repeat offenders, et cetera. So I understand that as bills move through the process, we're looking at legislative priority and whether this should be pushed through. I hope this is a priority for the committee. I can tell you it's a priority for the Dayton Police Department and protecting our citizens and their property, and we hope you share that vision going forward. So I appreciate your time.

Chair Manningchair

Thank you so much for your testimony. Are there any questions? We have a question from ranking member Hicks Hudson.

Ranking Member Ranking Member Hicks-Hudsonassemblymember

Thank you, Mr. Chair, and thank you for your testimony. You know, you've used several legal definitions, prima facie, rebuttable presumption, et cetera. And so I'm thinking about, you know, that, you know, And then you also brought up the issue about knowing the intent. And I'm just trying to figure this out because it's almost as if that the defendant has to prove their innocence rather than the state proving they're guilty. What's your reaction to that thought?

Daewai Chinfemenwitness

It's kind of swirling in my head. Again, when you have prima facie evidence of criminal purpose, it does not remove the state's burden to prove the underlying offense. And the underlying offense suggests that no person shall possess or have under the person's control any substance, device, instrument, or article with purpose to use it criminally. So we still have to show that it was used for a criminal purpose. The difference in making it prima facie is when we come in, again, we have to have a burden of production to even get to prima facie. We have to show that it was used for a criminal intent to steal this vehicle. I'm not reading exactly from the law, but we still have a burden of production there. So if we meet that production, hey, there were circumstances that this person possessed us in that led to a criminal purpose, that should be the start of the conversation. and then I still have to show those being used criminally beyond a reasonable doubt. And the defendant, I would argue, doesn't necessarily have the burden in that particular case. They can raise the defense, if you will, that I'm a mechanic or I was helping someone fix their car or I was doing something different with that. So that would be my answer to your question. Appreciate it. Thank you.

Chair Manningchair

I do have a concern with the criminal tools aspect. I absolutely agree that this is a criminal tool. should be a criminal tool. I think it probably has been ruled a criminal tool in the courts. But by carving out a section just for this almost makes me fearful that, I mean, do we need to start labeling all criminal tools that potentially could be used in normal day life that clearly are turned into a criminal tool when you're doing it for legal purposes? I'm going to out myself here as a coffee snob, so I have a scale at home to measure my coffee in the morning. If I start measuring illegal drugs on that scale that turns into a criminal tool Owning it in itself is not a criminal tool So to me I don know if it necessary and almost could have unintended consequences I agree this is a criminal tool under the facts as I've read it with the cases. I'm just not sure if we, and I don't mind labeling it that, I just have those concerns that maybe that opens up Pandora's box that we have to start naming all these or would certain courts find, well, the legislature chose to name this particular item in the criminal tool sections. They did not name these items, so maybe they are not criminal tools. So that's my long-winded way of saying I do have concerns over that. I think we agree that it is a criminal tool. I just don't know if it's necessary to put in the code. And that wasn't really a question, but feel free to respond to my rambling.

Daewai Chinfemenwitness

I do understand the question or concern, Senator Manning. the first three sections that exist currently under the law are fairly generic and would encompass lots of the examples that you gave the scale, et cetera. This is, I would say, a unique tool, and the law needs to kind of catch up with the technology in this particular area. And we've had cases in Montgomery County where we've had individuals looking in vehicles. They've had an Autel. They've had key fobs. They say, I don't know, I just have an Altel and I have key fobs, and we've not been able to get those particular charges is one example. And so if we could say, well, you're looking in cars, and they don't give us any admissions, no post hoc admissions, nothing other than the observations of the officer and the mere possession. Well, you're looking in cars, we've watched you in cars, we know that this device is used for a criminal purpose. In fact, you have key fobs with you, which we know from a criminal intent perspective is what people do with these things. There's no lawful purpose for you at 2 o'clock in the morning looking through vehicles, having an all-tell, and these key fobs. And so it does carve out an exception. I can't say that it doesn't, but it is a very, very important area for vehicle theft, the victims of these crimes. I know Representative White had her car stolen. and we were talking about that, the victims of these particular crimes, it takes a lot to get your car back, if you get your car back, and then dealing with the insurance companies and those sorts of things and then going through the legal process. This just gives an additional tool to the prosecutors in the area of auto theft to suggest that those tools, although they do have a legal, do have some legal purpose, again, auto mechanics being an example, that in circumstances in which the intent appears to be criminal in nature, to steal a motor vehicle, that this should be an exception to that, and we can use that in court to create that rebuttable presumption. And then there's important intel within those Autel devices as well, so there may be other information. If there's an arrest based on probable cause, you may be able to look at the information in there, which could lead to additional leads in those sorts of things. and when we're not getting charges taken or a prosecutor doesn't agree or I don't agree to issue a search warrant in a particular case, it does make it more difficult, not only for the case that that detective is dealing with, but the investigative leads that can come from the all-tell as well.

Chair Manningchair

Thank you for that. Any further questions? Seeing none, thank you once again for your testimony.

Daewai Chinfemenwitness

Thank you.

Chair Manningchair

Next we'll hear from Melissa Boies from the Dayton Police Department. Welcome.

Sarah Henrywitness

Hello, my name is Melissa Boies. I'm currently assigned as a detective for the City of Dayton Police Department, Chair Manning, Vice Chair Reynolds and Ranking Member Hicks Hudson and the Judiciary Committee. I'm grateful to provide testimony here today on House Bill 519 as General Counsel Sexton has already testified. The Kias and Hyundais are no longer the prime target of our grand theft auto problem. A lot of the high end vehicles with push button ignitions are being targeted. Car thieves are breaking out windows, plugging this key reprogramming device into the onboard diagnostic, which is called the OBD port, and starting the vehicle. The vehicle can then be started with these newly programmed keys, rendering the previous keys inoperable. The vehicle's GPS is either torn out or disabled, and it makes it impossible for people to be able to track their own car. I think we're all familiar with OnStar. A lot of the times these car thieves are able to dismantle that before even stealing the car, and we are never able to find the car. One of the most commonly seen vehicles of these models, they advertise that the key reprogramming process can be completed in one minute and works on over 700 different types of vehicles. These devices can easily be obtained online. You can get them through Amazon, and they can come to your house the next day. and they can be sold with kits that come with the reprogrammable key fobs. In 2024, a $200,000 Mercedes was stolen by a 17-year-old and a 15-year-old. Obviously, the 15-year-old is not old enough to drive. They were apprehended after fleeing from the police, and a gun with an extended magazine that contained 26 rounds was recovered. These juveniles went on to become involved in multiple violent crimes, including a homicide involving a stolen car in 2025. During that theft, they were in possession of uncut key fobs as well as an all-tail device. Some stolen vehicles are taken to chop shops where they are dismantled and sold for individual parts. Like General Counsel Sexton stated, we had a large-scale chop shop located in Dayton in 2024, and a programming device recovered in connection with this chop shop was used to steal 60 vehicles. The defendants in that case were sentenced to 15 years in federal prison after 18 stolen vehicles were found inside the chop shop. Already in 2026, there's been a case in Dayton where a juvenile was found in possession of a key reprogramming device after fleeing from the police on foot. At the original time of the recovery, the juvenile did not appear to be involved in any activity that would have warranted a search of the device. after additional investigation months later that is revealed that the device was likely used to steal a truck from the city of Dayton and later crashed in Indiana the year prior. These key programming devices have allowed car thieves to victimize the citizens of Dayton and other communities repeatedly. Car owners are required to pay excessive tow bills and wait for costly repairs if their vehicles can even be recovered. Some owners may never even recover their car if it's been parted out. The drivers of these stolen vehicles endanger the public and the police when they flee with no regard for public safety. The proposed legislation will give law enforcement another tool to investigate and prosecute suspects in auto theft cases. I want to thank the bill's sponsor, Representative White, for her efforts in addressing these issues, and I appreciate your time and hope to gain your support in the passage of House Bill 519.

Chair Manningchair

I do have a question just kind of a follow to my previous question about the criminal tools Were those individuals charged with criminal tools the 15 and 17 and were they convicted of the criminal tools

Sarah Henrywitness

I do not know off the top of my head. I don't think that was the main focus in that particular one, but I do not think so. Because under the bill, I think you still have to prove that it was for the intent to commit a theft. So I'm trying to think, you know, like I had cases where, you know, an individual has a scale and Ziploc bags and even smoking devices. But if you can't find if there's no drugs and you can't find any residue, technically speaking, it's hard. You know, we might all assume and probably are right in believing that they're probably, you know, preparing to to sell some drugs. But those aren't really criminal tools unless you can show that they are being used in that manner. and I feel like under this bill you still have to prove that it was, you know, the intent of using that was to use it for the theft. So you might pull over some juveniles that have these devices on them and I guess I don't know how you prove that they're being used for theft and therefore get them just on the criminal tool because there are legitimate reasons for these devices, right? Sure, yeah. So, you know, I just don't know what this language does. I agree they are criminal tools. I'm just afraid of those unintended consequences and what the, I guess, intent of it really is. And once again, I rambled on that, but feel free to, if you do have any input on that, if you don't, no worries. Yeah, I think General Counsel Sexton already kind of said that this is just another tool to help us along and that this is a large issue with how they steal these cars particularly.

Chair Manningchair

Seeing no further questions, thank you once again. Members, please note written proponent testimony from the National Insurance Crime Bureau and the Ohio Association of Chiefs of Police, and this will stand as the second hearing on House Bill 519. The next order of business is to call House Bill 532 for its second hearing, and we'll now hear proponent testimony from John Bernschick from the Newark Division of Police. Welcome.

Emily Vollmerwitness

Good morning, Chair Manning, Vice Chair Reynolds, Ranking Member Hick Hudson, and members of the committee. My name is John Bernjick. I'm a Deputy Chief of Police and Commander of the Detective Bureau for the Newark Division of Police. Thank you for the opportunity to testify today on behalf of law enforcement, and more importantly, on behalf of vulnerable children who deserve access to protection and services, regardless of where they reside. I would also like to thank Representative Kevin Miller for taking the time to listen to our concerns, examine the issues, and pursue a legislative solution. Before I begin, I want to make it very clear that my testimony today is not intended to criticize the Licking County Job and Family Services. The Newark Division of Police has worked closely with Licking County Children's Services for more than 40 years, particularly in cases of child abuse and neglect investigation. Our partnership has been instrumental in protecting children and achieving successful outcomes in some of the most difficult cases we've encountered. In preparing for today and before we even ever started legislation discussions, I discussed these situations with the leadership of Lincoln County Family Children's Services. Their response was consistent. If we could help, we would. If we could, we would. The problem is not a lack of willingness The problem is that the current law often prevents local agencies from intervening when a child is not in the residence of their county I want to share some examples of issues that we encountered On July 9, 2020, Newark officers responded to a homicide on West Church Street. The victim, a mother of two, had been murdered by her estranged boyfriend. When officers arrived, they discovered three children asleep inside the residence. Lincoln County Children's Services responded immediately and without hesitation. Caseworkers cared for all three children at the police station until family members could be located and arrived. Two of the children were from Lincoln County. One was in Fairfield County. Their assistance was invaluable in both the children and in the investigation. I mention this case because it demonstrates how the system should work when a child needs immediate care and protection. Unfortunately, we have encountered many situations where the system doesn't work. On October 25, 2019, officers stopped a husband and wife who had been involved in a series of thefts of cold stores throughout the Columbus area. Both individuals committed felony offenses and were taken into custody. Officers discovered a two-year-old in the vehicle. When officers contacted Lincoln County Children's Services, they were informed that the agency could not take custody of the child because he was a resident of Franklin County. Efforts to obtain assistance from Plank County were unsuccessful. Ultimately, officers were forced to release the father despite the criminal circumstances because there was no alternative care for the child. On November 20, 2024, officers responded to a report of a seven-year-old child who had become separated from his father. The investigation, officers learned that the father was an Amazon driver and had been forced to take the child to work with him because he had no child care available. While making deliveries, the child exited a vehicle without the father's knowledge. The father returned to the vehicle and drove away unaware the child was no longer in the vehicle. Officers contacted Lincoln County Children's Services, but were informed they could not assist because the child resides in Franklin County.

Chair Manningchair

Officers attempted to reach Franklin County Children's Services, but received no response. As a result, Newark officers remained responsible for the child for more than three and a half hours until the child's mother could be located and took custody. On August 2, 2025, officers encountered a domestic disturbance involving a couple who had traveled from North Carolina. During the course of the investigation, they learned that the male subject had protection ordered against them, and the protected party was the two-year-old currently in their custody. Officers were also discovered that the couple had fled North Carolina approximately two and a half months earlier and were living in a tent in the nearby woods. When officers contacted Children's Services, they were advised they could not intervene because the child was a resident of North Carolina. Officers later learned that had they taken, they were willing to take custody on a Friday night, but then the mother, who was on her way from North Carolina, would not get the child back until Monday morning. So, of course, I get this call as the Deputy Chief. I'm thinking, what are we talking about here? Why can't the mother not get the child back? Recognizing the significance of the trauma of the family had already endured for two and a half months, the officers kept custody of that child for 23 hours at the police station until they could re-net it with the mother. I know my time is very nervous. I want to kind of skip over a couple of these. These are just some isolated—these are not isolated examples. Law enforcement agencies across Ohio increasingly encounter children whose families are homeless, transient living in temporary shelters and moving between jurisdictions when children a child is in crisis officers and local child welfare agencies should be able to respond based on a child immediate needs not limited on where they live Again, I express my appreciation for the professionalism of the dedication of Lincoln County Job and Family Services. The issue is not a failure of local agencies. It is a gap in the law that prevents the willing professionals from helping children when they need it the most. I respectfully ask the committee to consider legislation that closes this gap and ensures that children can receive timely protection services regardless of where they live. Thank you. Thank you so much for your testimony. Thank you for everything you do. Are there any questions? Thank you once again. Thank you. Members, please note a written proponent testimony on behalf of the Ohio Associations of Chiefs of Police and the Ohio Patrolmen's Association. And this will stand as the second hearing on House Bill 532. The next order of business calls Senate Bill 178 for its third hearing. We did not receive any testimony, so this will stand as the third hearing on Senate Bill 178. The next order of business calls House Bill 492, and we also did not receive any testimony on this bill, so this will stand as the third hearing on House Bill 492. The final order of business calls House Bill 338 for its second hearing. We will now hear proponent testimony from Darren Price on behalf of Andy Zoll Coalition. Welcome.

Vice Chair Reynoldsassemblymember

Good morning. Chairman Manning, Vice Chair Reynolds, Ranking Member Hicks-Hudson, and members of the Senate Judiciary Committee, thank you for the opportunity to testify before you today. My name is Darren Price. I retired from the state of Ohio five and a half years ago after 34-plus years of service, including service with the ODRC as well as with the Emergency Management Division of the Ohio Department of Public Safety. I currently serve as a Homeland Security Consultant, an adjunct professor, and as you mentioned, the chairperson of Andy's Law Coalition. I'm here today to express my strong support for House Bill 338, known as Andy's Law. As you may recall, House Bill 338 contains judicial and operational security reforms to better protect Ohio's correctional staff and improve prison safety. The bill strengthens accountability for violence against correctional personnel while implementing security measures designed to reduce the infiltration of drugs and other contraband into Ohio's prisons, as well as reduce violence and incentivize good behavior through earned privileges. I mentored, and this is the personal part of how this ties in for me, I mentored and trained Andy Lansing when he was first hired at Ross Correctional Institution in 1994. In addition to being a fellow correction officer, Andy was also a fellow U.S. Army veteran and my friend. So this bill is about protecting the men and women, some of who are here today, who protect us and is named in honor of correction officer Andy Lansing, whose murder at the hands of an inmate exposed some serious gaps in how Ohio safeguards correctional employees. Ohio's correctional institutions are among the most dangerous workplaces in the United States. An internal ODRC memo noted that more than 78 percent of the inmates currently incarcerated have committed a violent crime. Assaults on staff, fueled by an unprecedented level of drugs flowing into Ohio's prisons, are rising at an alarming rate. Data and experience will indicate that rehabilitation is more successful when privileges are earned versus given automatically as an entitlement. Providing higher education opportunities to inmates who continue to engage in serious misconduct and undermines the principle of earned privileges and is inconsistent with sound rehabilitative practices. And I can say this both as a practitioner who's worked in a as a correction officer, and as an academic who has taught criminal justice courses at the college level. Contrary to what some have opined, opponents and critics have opined, House Bill 338 does not eliminate higher education in higher prisons. Rather, it only restricts access for Level 3, 4, and 5 inmates who are among the most violent, disruptive, disciplinary-prone, and manipulative inmates in the department. Level 1 and 2 inmates who have demonstrated stability, compliance with departmental policies, and a lower security risk would continue to have access to higher education opportunities. In fact, because of the existing wait lists for higher education at lower security prisons, such as Chillicothe Correctional and Ristlin Correctional, higher education could be expanded at those facilities, thereby reinforcing and incentivizing good behavior. Treating all inmates as if they present the same security risk ignores realities faced by correctional staff. High security prisons are environments that are shaped by repeated violence and chronic instability. Offering college programs in these settings increases inmate movement, strains limited security resources, and creates additional opportunities for the trafficking of drugs and the movement of other contraband throughout the institutions. It's important to note that adult basic education, GED, vocational training, behavioral intervention programs, re-entry and recovery programming will remain available to all inmates, including more than 20 vocational programs and at least 14 programming opportunities at Ohio's high security prisons. Additionally, HB 338 would strengthen leadership within the ODRC by requiring that the director meet specific professional qualifications. This requirement is to meet those, for the director to meet those professional requirements, is consistent with other law enforcement entities across Ohio that have requirements for the head of their respective departments, including the Ohio State Highway Patrol, county sheriffs, and local police chiefs, such as in the city of Tiffin. House Bill 338 will put in long overdue judicial and operational security reforms to make Ohio's prisons safer. And while judicial reforms are absolutely necessary, lasting improvement depends on the operational security reforms contained within House Bill 338 being codified in law as demonstrated by the current situation in ODRC and DYS. So in conclusion, I respectfully urge this committee to advance HB 338. Andy's law is more than legislation. It's a statement that reinforces our values as a society. It honors Andy's sacrifice and reaffirms that Ohio will protect those who protect us. At its core, enacting HB 338 will help to ensure that correction officer Andy Lansing and many other ODRC staff who have made the ultimate sacrifice in the line of duty did not die in vain. And with that, thank you for your time and consideration, and I'm happy to answer any questions you may have.

Chair Manningchair

Thank you for your testimony. Seeing no questions, thank you for all the work. I know this is a big bill with a lot going on in your take. Yeah, thank you so much. We appreciate your time. Next we'll hear a proponent testimony from Jeffrey Noble, also on behalf of the Andy's Law Coalition. Welcome.

Jeff Nobleother

Thank you, Chair and Committee, for the time to speak. My name is Jeff Noble. I'm a retired prison warden who worked 39 years in the high prison system. I also worked as a college instructor and did prison audits nationwide. I'm up here speaking for Andy's Law Coalition, and I support this bill. ANTI law does several things Enhance criminal penalties provides legislative oversight of state prison policies establishes minimum qualifications for the prison director and implements a moral behavior-based management process in a higher prison and responds to family medical coverage in the aftermath of the death of a correctional employee. I support this legislation because in my 39 years of correctional experience, the state of corrections in Ohio and nationwide is concerning. I support the enhancements of the law in this bill, such as life without parole, stiffer penalties for throwing feces and urine, exposing themselves to staff, conveying contraband into prisons. Inmate behavior, especially criminal, illegal law violations, must be addressed through the Ohio legal process. We must also address administrative decisions and actions that improve state and inmate safety. A law helps prosecute the incident after it has occurred and depends on the prosecutor pursuing the case in the court trials. The process is after a criminal offense has been committed. We must also do more to prevent the behavior prior to the misbehavior occurring. Internal rule violations, and speaking of college programs, many internal rule violations by inmates in prisons have been reduced to minor offenses throughout the system. Rural violations such as possession, usage of drugs and alcohol, disrespect to staff, refusing to follow orders, have been processed as minor offenses in recent years. This normalizes rural violations in prison, especially Level 3, 4, and 5 institutions. This allows inmates to continue to be eligible for college programs. This makes managing prisons exceedingly difficult, especially for frontline staff. An inmate can have drugs in her possession or threaten a staff member. If the case is treated as a minor offense, the inmate is still eligible for college at taxpayers' expense and undermines prison management. Level 3, 4, and 5 need anger management classes, ethical decision-making classes, etc. Staff do not get mad at undermining an authority. They just find another job. Why are we paying for Charles Manson types to attend college at taxpayers' expense? I've recently read several news reports about eliminating college cell phones, visiting privileges, etc. for level 3, 4 inmates with this bill. I would like to remind the committee that Level 3, 4, and 5 inmate classifications overwhelmingly indicate that the inmates are initially incarcerated for serious or multiple crimes and have violated a serious institutional rule, which is a felony in the community. Inmate tablets. Tablets do help in the correctional environment when used appropriately. There have been several incidents of computer tablets being jailbroken, which allows unmonitored Internet access by inmates. This is alarming, especially at level 3, 4, 5 prisons and a high. The case in Muskingum County outlined this criminal behavior, and several inmates have been disciplined within the higher system for drug traffic, etc. Nationwide, California death row inmates were accessing pornography through tablets. In Tennessee, it was mentioned that an inmate had made a threat against an officer prior to killing him through the tablets. This access is not working in higher security institutions. Let us not be California. Allow personal tablets at levels one and two, not at level three. Do not continue to reward unruly behavior while making Ohio prisons less safe. Non visiting at level three four and five should be and can be done via electronic means and through glass barriers Again reward good behavior punish unruly behavior Why are taxpayers rewarding unruly behavior while also increasing drug and contraband traffic throughout the prison, making it more costly to taxpayers to operate these prisons? Information requests. What I would ask, and Darren mentioned it earlier, would ask the committee to ask the Department of Corrections, recommend that they request information from the High Department of Rehabilitation. How many inmates are enrolled in these college programs? How many inmates complete these programs? Provide each inmate role violation history currently enrolled in college programs. How many inmates have received internal conduct reports for illegal tablet usage? How many inmates have been convicted or investigated for crimes where an inmate tablet was used to perpetuate the crime? Again, staffing. Staffing has been several discussions throughout a high and county-owned prison staffing concerns. I advocate that high passes this law without changes, which supports staff and secure managed prisons. Staff are voting by leaving due to unsafe conditions, fear of physical assault, reduced retirement benefits, increased years of service requirements, et cetera. The bill takes a major step to improve the prisons in Ohio. Google correctional staffing shortages. Correctional staffing shortages are nationwide. Ohio can do something about it. Again, recommendation. I again urge the committee to vote in favor of the bill without modifications. The bill would help address inmate serious misbehavior and make prisons safer for staff. It would also punish inmates who commit unruly behavior while inmates incarcerated and allow time and money to be focused on rewarding good inmate behavior. Thank you for the opportunity to provide testimony on this critical issue. I'm happy to answer any questions or provide additional information if needed.

Chair Manningchair

Thank you for your testimony. First question goes to the ranking member.

Ranking Member Ranking Member Hicks-Hudsonassemblymember

Thank you. Thank you, Mr. Chair, and thank you for being here. I appreciate your testimony so much. You made a couple of assertions in your testimony. One, about having barriers for certain level inmates. Do the, you know, I went to visit some of the prisons, and I don't remember whether or not for visitation that they have those barriers. So if we were to do that, that would require them, or do some of the prisons have the glass barriers so that there would be visits but not in the same room?

Jeff Nobleother

To the chair and member of the judicial committee, most institutions do have them. Like, say, a guy's in segregation and he has a visit, they provide that visit through that barrier system. It would require some modifications, I think, very cheaply, and this would reduce the risk. And again, it gets back to lower security. I've worked at facilities for years, level ones and twos. The bulk of those families come and visit, use it as an incentive, come visit, follow the rules, follow regulations, visit their families, it rewards that inmate for good behavior. At level threes, fours, and fives, again, I can't reiterate, these folks are there because they've misbehaved behind prison, several times committing felonies. Trafficking, which you'll hear later testimony, through visiting is one of the main pervers of drugs to the system. Rewarding bad behavior and continue rewarding bad behavior is to make it unsafe for staff. and I would reiterate unsafe for other inmates because drugs floating around a prison is dangerous for other inmates living there too One more question

Ranking Member Ranking Member Hicks-Hudsonassemblymember

Thank you. Just follow up. And just one more question. You're talking about the level 2s, 3s, 4s, and 5s, and then you make the assertion that they are there because of their behavior in prison. Am I correct in understanding that that's what you're saying?

Jeff Nobleother

Yes, generally the state of Ohio, chair to committee member Hudson, Ohio has a classification system, one, two, three, four, five, one being lowest, five being highest. A guy or gal is initially classified. They may go start of the three, say a murder, a rape conviction, and they work their way down. A person with murder can work their way down to level two based on their behavior. In prison, example, I was a warden at London. I had like 600 guys that were serving life sentences for murder. They burned their way down based on behavior, and that's where I stress that. Reward good behavior and punish bad behavior. That resonates with inmates and that resonates with staff.

Ranking Member Ranking Member Hicks-Hudsonassemblymember

Thank you. I appreciate your testimony.

Bessieother

I know we've talked a lot. I do have one question. and we talked offline about this. I feel like a lot of this could be, and people have expressed this to me, over legislation that these decisions should be made by, whether it's a DRC director, DRC leadership, I know wardens and everything else. I might agree with a lot of this. I might disagree with some of it. But do you think it is better that some of this is, you know, almost micromanaging from the legislative point of view and should be decisions made by either the director or leadership of DRC?

Jeff Nobleother

Well, the chair and the committee, probably eight years ago, I would say no. In recent years, policies have been manipulated or changed that makes it exceedingly difficult to manage prisons. That's where I sway back in the legislative oversight. Again, I can't stress staffing levels, and it's just not in a high, our staffing levels in prisons are at dangerous numbers right now. People are getting what they call froze for shifts continuously. They're getting abused. The conduct reports aren't being processed appropriately. The segregation is not being addressed appropriately. You know, Darren talked about earlier, college programs, we're wasting money at level threes and fours. They're dangerous people. They're committing felonies. So, yes, I think legislative oversight has forced that because, you know, directors and administrators can change, and they can change policies pretty easily. Laws can't be changed as easily, and oversight can't be changed easily. I think sometimes it takes an outside look at facilities to judge. I've done it 39 years. I know what I'm doing, but I get a brain fog after once in a while. Sometimes I have to have somebody have a different perspective. I just think legislators, I know it's another job you added to your plate, but it's not working in New York. It's not working in North Carolina. and it's not working throughout the country, At prisons, I always use the, I don't know if you're, I don't want to, I don't know if you ever watch the movie Moneyball where it says, the general manager says the guy can hit, but why ain't he hitting? Well, if the prison system is working right now, why is it not working? And that's what I would say with legislative oversight. There's got to be something differently done because it's not working.

Bessieother

Well, hey, thank you for your work on this bill as well, and thank you for your testimony.

Jeff Nobleother

Thank you.

Chair Manningchair

Next, we'll hear proponent testimony from Chun Wong Lansing. Oh, that's written only. We'll submit that as written only. Next, we'll hear proponent testimony from Kim King. Welcome.

Daewai Chinfemenwitness

Good morning. Good morning, Chairman Manning, Vice Chair Reynolds, Ranking Member Hicks Hudson, and the members of the Senate Judiciary Committee. Thank you for the opportunity to testify before you today. My name is Kim King. I am a sergeant at a maximum security prison in southern Ohio. I have been with the department for 18 years, all at the same maximum security prison. Our inmates are classed as a high security. Some are due to their continued behavior while at SOCF, continuing to assault staff on a regular basis. from physical assaults to throwing urine and feces on staff members. Typically, these individuals do get charged and prosecuted for these actions. However, it is usually six months they receive for their actions. We have several individuals that are close to going home, so typically they will assault staff by bombing them out, which means throwing the urine and feces on the staff. Due to they sometimes are close to going home that they know they will get out before having to return back to the prison to serve their six-month sentence. Several individuals will state to you that they can do six months standing on their head, that that ain't nothing. At the beginning of January of this year, I started working for DYS at Indian River Juvenile Facility due to their staff shortage. I volunteered to work up there every weekend on my days off. Their staff shortage is due to the many assaults that take place at that facility. These are juveniles that are 15 or 16 years old who will go home at the age of 21. So basically there are no consequences for them. They basically feel and actually do what they want because in their mind they are out the door at 21 no matter what. On March 28th of this year, I was working at Indian River. I was working in a unit by myself, which is against policy and procedure. However, due to they have no staff, that is what has to be done. So they tell you to move one youth at a time for a restroom call. I had gotten a youth out for the restroom for no reason at all, and without warning, he punched me in the face, knocked me unconscious, stole my keys and radio, let other youth out from their rooms. He then returned to me and took my pepper spray off of me and pepper sprayed me while I was still out. I believe that is what made me wake up when I got sprayed. I then staggered to the door waiting for help. Luckily, there was a case manager in the very back of the unit who had heard a lot of commotion, which was the youth that had been let out by the one who assaulted me that had taken my keys and started letting all the youth out of their rooms. They began destroying everything in the unit, including all the sprinklers which caused the unit to flood. It took response four minutes to get to me that one inmate or any of the others that were out could have killed me in seconds. They also went in a couple of the youth's rooms and assaulted them as well. I had to be taken out by ambulance to the hospital I had a severe concussion bruised ribs face and eyes swollen black and blue fractured teeth sprain of the right shoulder joint sprain of the muscle and tendon at the neck level, strain of muscle and tendon of back of the thorax, sprain in my left shoulder joint, contusions of my head. I am still currently off work since the assault. I am going through physical therapy and also going through mental health. That is why I'm here testifying today in support of House Bill 338, also known as Andy's Law. I strongly feel if the incarcerated individuals know they would be facing an additional five to seven years for their choices they make in assaulting staff, I feel strongly that a lot of them would change their mind on doing it. I also feel if they want to be that person that wants to better themselves to get and head back to the community and also be able to get their level dropped to get a lower security institution to gain more privileges, then Andy's Law would be successful in the individuals making the better choices, in which all staff working corrections would be a lot safer and less assaults, and would definitely make a huge difference in the DYS facilities and also make all state of Ohio prisons safer for officers to work in. I thank you for your time and consideration on this House Bill 338.

Chair Manningchair

Thank you so much for your testimony. Thank you for sharing your story. That's absolutely awful what happened to you, but it makes a difference that you were able to come in here today. So we thank you. Thank you. Any additional? Thank you once again. Next, we'll hear a profound testimony from Jeffrey Lewis. Welcome.

Sarah Henrywitness

Good morning, Chairman Manning, Vice Chair Reynolds, Ranking Member Hicks Hudson, and members of the Senate Judicial Committee. Thank you for the opportunity to testify before you today. My name is Jeffrey Lewis. I have served as Correctional Officer of Southern Ohio Correctional City since August 15, 1994, with more than 30 years of experience working inside the institution. I currently serve as the Visiting Room Shakedown Officer, where I am directly involved in monitoring and preventing the introduction of contraband to the facilities. Throughout my career, I have witnessed changes in policy, leadership, and operational priorities. Some of these changes have proven beneficial, while others, though well-intended, have made our jobs more difficult and, in some cases, less safe. Prisons are not isolated from society. They reflect it. As the world outside changed, so do the environments within our correctional facilities. While change is necessary, what concerns me is how often we forget the hard lessons learned at a very high cost. When those lessons are ignored, we place staff, inmates, and visitors in danger. My testimony today focused on how Andy's Law would directly enhance safety within SOCS visiting area and positively impact correctional facilities across Ohio. Implementing non-contact visitation, high-security institutions would send a clear and consistent message that the state of Ohio is committed to maintaining a safe environment for staff, inmates, and visitors alike. SOCF is often referred to as a jail within a jail. Inmates assigned here typically arrive after repeatedly failing to comply with rules and regulations at lower security facilities. A large portion of the inmate population has rule infractions or convictions related to drug use or trafficking contributing to an ongoing attempt to introduce contraband into the institutions. Drugs are one of the biggest drivers of violence inside a prison. They create a power structure based on control and money. The visiting room is a high-risk area for the introduction of contraband. When inmates persuade visitors to bring in drugs, it generates both financial gain and influence within the inmate population. Inmates now have access to electronic devices, including the GTL tablet, which allows for phone calls, messaging, and financial transaction. While these tools serve legitimate purposes they also provide additional avenues to move money and support illegal activity tied to contraband Inmates do not typically begin their sentences in high facilities Bureau of Classification rarely assigns them to level one or two institutions When they repeatedly violate rules and policies, they are advanced to level three and four facilities, bringing those same behaviors with them. Transitioning to non-contact visits, the high-security levels would significantly reduce the introduction of drugs and other contrabands. A clear example of this occurred during the COVID-19 pandemic. In-person visits were suspended from March of 2020 until May of 2021. During that time, there was a notable decrease in positive drug tests. However, once in-person visits resumed, it took less than two months before a visitor was caught attempting to bring contraband into the facility. Specifically, Suboxone strips hidden inside a candy bar with an estimated value of $12,000. Since then, similar incidents have continued on a regular basis. These incidents also create a financial burden on taxpayers. When visitors are caught, they are prosecuted and in some cases incarcerated, further increasing the cost to the state of Ohio. Officers frequently left working alone for extended periods. I have raised these concerns multiple times and filed formal grievances, yet the situation has not improved. This reflects a broader issue. Too many decisions affecting prison security are made without sufficient input from frontline staff. When experience is overlooked, policies can unintentionally compromise safety. There has been a noticeable increase in disruptive behavior within our visiting areas, and over 30 years at SSCF, I have never seen this level of conduct. I have witnessed visitors throwing water on the inmates, smashing food into their faces, and escalating conflicts to the point where violence feels inevitable. These are clear signs that visitation privileges are no longer being respected. I have also observed instances where inmates have committed serious assaults have had sanctions reduced or have been granted special visitation privileges. This sends a confusing and dangerous message to both inmates and staff. These issues reflect a broader structural problem within the department, the promotion of individuals into supervisory and administrative positions who lack meaningful security experience. Decisions affecting institutional safety are increasingly made by individuals who have never worked front-line security posts and who disregard input from experienced officers. This weakens security operation and undermines accountability. Andy's law establishes accountability. It reinforces that privileges must be earned and maintained while ensuring meaningful consequences for misconduct. In closing, Andy's law offers hope, hope for safer prisons, reduction in contraband, decreased violence, and a correctional system that learns from past experience rather than repeating them. Thank you for your time and your commitment, and I'd be happy to answer any questions if you have any.

Chair Manningchair

Thank you so much for your testimony, and thank you for everything you do. I know it's certainly not an easy job, but very necessary, so thank you. Seeing no questions? Right. Appreciate it. Next we'll hear proponent testimony on behalf of Sheriff David Thurman from Scioto County. Welcome, Sheriff.

Sheriff David Thurmanwitness

Good morning, Chairman Manning, Ranking Member Hicks Bottom, or Hick Hudson, I'm sorry, and other members of the committee. Thank you for the opportunity to provide testimony in support of House Bill 338 and East Law. I also want to thank Representative Johnson and Plummer for bringing this legislation forward and recognizing a reality that corrections professionals across Ohio live with every day. Working inside of a jail or prison is one of the most dangerous jobs in public safety, and too often the law has not kept pace with that risk. I serve as the sheriff of Soda County. I have 38 years of law enforcement including time as a correction officer at Southern Ohio Correctional Facility I have worked the road worked investigations and I have worked in and around secure facilities I can tell you plainly when correction officers put on that uniform and walk through those doors, they are stepping into an environment where attentions can turn to violence in a second and where an officer does not have the same space, cover, or escape routes as the street officer may have. I also want to speak from a professional or personal experience that has never left me. In 1993, during the SOCF riot, when Officer Villanihan was murdered, I provided security at the SOMC emergency room as a portion of police officer. I saw the aftermath up close. I will never forget the look on the face of a correction officer who had been held during that riot when they brought him into the ER for treatment. It was real fear, and it was earned fear. That moment drove home something too many people outside corrections do not understand. Correction officers are not behind the scenes. They are the front line. To give you a clear picture of why Andy's Law is needed, I ask my staff to pull our internal numbers for the last two full years along with the year-to-date figures for this year involving assaults, threats, drugs, and vandalism within the Soda County Jail. Assaults on our staff as of June 2nd, we have had 13 this year, 40 in 2025 and 28 in 2024. Threats towards our staff so far this year, we have had 59, 110 in 2025 and 79 in 2024. Drug incidents inside the jail, we've had 19 so far this year, 51 in 2025 and 48 in 2024. Vandalism was inside the jail. So far, we've had 27 this year, 102 in 2025, and 56 in 2024. Those numbers are not abstract. Every assault is an officer going home sore, injured, or worse. Every threat is an officer wondering whether the person making that threat will carry it out today or whether that threat follows them home to their family. Every drug incident increases volatility and medical risk within our facility that is already under strain, and vandalism is not just damage to a building. It is often a warning sign that discipline is breaking down and that confrontation is coming next. These incidents take a real toll on my staff. They affect retention, recruitment, overtime, morale, and most importantly, safety. Correction officers are expected to maintain control, keep people alive, prevent contraband from entering, respond to fights, manage mental health crises, and do it all in close quarters. They do it while still respecting the constitutional rights of the people in our custody and while maintaining order in a setting where order is challenged constantly. House Bill 338, Andy's Law, is a common-sense step to better protect the men and women who do this work. It sends a clear message that assaults and serious misconduct directed at correctional staff will be treated with the seriousness that it deserves. It strengthens accountability for those who choose violence inside a jail or prison, and it helps create a safer working environment for our officers, medical staff, and even inmates who do not want to live in a chaotic, dangerous unit. At the end of the day, this is not about politics, and it's not about being tough. It's about being responsible. If we expect our correction officers to walk into danger to keep our community safe, then we owe them laws that recognize the reality of their job and back them up when they are attacked or threatened while doing it. For those reasons, I respectfully urge you to support House Bill 338, Andy's Law. Thank you for your time and consideration, and I'm happy to answer any questions that you may have.

Chair Manningchair

Thank you, Sheriff, and thank you for your service and everything you do as well. I do have a question about the assaults that happen in the jail. Are those typically people that are waiting for their trial that have not been either found guilty or sentenced to prison? Are those people kind of serving local time, or is there a mix of it?

Sheriff David Thurmanwitness

It's a mix. We recently had one individual that we picked up on a warrant out of Texas. It was after he had actually shot at a juvenile in the city of Portsmouth. He was being held awaiting trial. He attacked and assaulted a number of inmates. He constantly attacked and assaulted our staff, damaged a lot of property. We moved him into a more secure location, even up there, attacking our staff, asked to go if they were being taken out, transported to the shower. I mean, attack our staff. I spoke with him. I advised him that he needed to learn about concurrent and consecutive prison terms. I said that I was going to speak with the prosecutor and judge and recommend that he serve each offense as a consecutive term. And after that one, he actually went to court and pled and started his sentencing. but he had no regard to the safety or anything. I'm going to prison. I'm going to do as much damage as possible, and what are they going to do at another charge? I mean, it's nothing to me.

Chair Manningchair

And the judge did sentence consecutively?

Sheriff David Thurmanwitness

No, he pled quickly. I did not have an opportunity to speak with the judge on that. he automatically went probably the following day and fled out.

Chair Manningchair

So do you typically see additional charges, at least charged against these individuals that are committing assault, or is it just more like you handle it internally with...

Sheriff David Thurmanwitness

We, depending on the charge, if we go after assault on our staff, yes, we charge for that. But if they are in there for a murder charge or a very serious charge, they're looking at, well, it's an assault on the correctional staff. It's not going to be more than my time for murder.

Chair Manningchair

But do you think it would make a difference? I mean, it may be not a murder charge, but in most cases, having this run consecutively at the very least? I know the bill has a spec.

Sheriff David Thurmanwitness

I prefer rather than specs to have a mandatory prison sentence that's consecutive to anything they're serving, which I think would also... Yes, I believe that would help tremendously if we're serving consecutive sentences. I advised him that. I said, you're going to be 500 years old when you get out of prison.

Chair Manningchair

I appreciate your testimony and everything you do We do have a question from ranking member Hicks Hudson Thank you Mr Chair And it a question and a comment First the comment thank you for being here because you were here early this morning waiting for us

Ranking Member Ranking Member Hicks-Hudsonassemblymember

So I want to first applaud you for that. But the second question is because you are operating a jail, do you see, and this is kind of on topic but a little bit off, Do you see, because there's a lot of comments about the jails are actually the extension of mental health hospitals. Are you finding that to be the occasion of some of the people within your facility, that they may also suffer from a mental illness untreated?

Sheriff David Thurmanwitness

We do have mental illness within our jail, and unfortunately that is where most end up. We used to have a hospital within the city of Portsmouth. When they'd done away with that, then we'd just transfer them to the jail. And we have a facility in Athens, but it's a small facility, and it serves so many counties. And once we finally transport somebody up there, they immediately return them back to them, saying there's nothing wrong, which there clearly are issues.

Ranking Member Ranking Member Hicks-Hudsonassemblymember

Yeah, and thank you once again.

Chair Manningchair

Thank you to all the witnesses for your patience. I know it's a long committee day. It's kind of a mini lame duck here, so we have a lot of stuff going on, but we really appreciate your patience and your testimony.

Sheriff David Thurmanwitness

Thank you. Thank you.

Chair Manningchair

Next we'll hear a proponent testimony from James Skaggs. Welcome.

James Skaggswitness

Good morning, Mr. Chairman. I'd say vice chairman, she's not here, and Mrs. Hicks Hudson, Senator. Anyways, I waited seven months to talk to the committee today, and I hope it's all for the good. I'm an active correctional officer at RCI. I've been there 11 years, and I've watched our correctional officer's ranks decline dramatically, drug use skyrocket, and violence continually escalate and become even more derogatory. Just three weeks ago at RCI, we had over a 20-man fight in North Rec, which you will never know about because everything stays in-house at ODRC. The next day we had an 11-man fight. It's a violent prison, Level 3 and 4 camps. They're not like Level 1, 2 inmates. Like you chose to be a senator, they've chose to be a criminal. That's what Level 3 and 4 inmates are. That's their career. Level 1, 2 inmates, they're actually good people. Level 3 and 4 inmates are good people, but they've chose a career of crime, and it's sad. But there's a lot of good people in our prison that committed crimes. Anyways, not to go sidestroy too quick. Unfortunately, during the same time, DRC policy has changed to allow more access to nefarious opportunities and allow more violence to proliferate. Corrections is currently at a crossroads, and we need your help to keep staff and inmates safe and keep inmates from not coming back. The state doesn't even track the recidivism rate by security levels. They combine levels 1, 2, 3, and 4 into one group, and they call it 20.1% recidivism rate. The true recidivism rate that I've tracked personally in the last six months is 38% of RCI. Within six months, they're coming back. They're getting reincarcerated. So all the programming we offer, that's great, but we've got to work on behavior. It's behavior that will change, and drugs, but we've got to work on those two things to get these guys not coming back. House Bill 338 seeks to address serious challenges with our correction system, adding transparency, accountability, safety to our system, and specifically mandates that canine dog units cross the prisons and utilize no contact visitation high risk level three and four prisons IPs are reviewed every year for behavior and can become a level two or one They're not stuck at level three or stuck at level four. Every year, based on their actions, they can get their levels dropped. And then when they get their levels dropped to two and one, they can go back to hugging their family. But level three and four is very violent. Just last year, we had an inmate that had a female visitor from New York. He throws a table at her in front of women and children, jumps on top of her and starts beating on her face over and over and over until multiple staff additionally responded to break him up. That assault happened in front of everybody. That's one main reason. But the biggest reason that no contact visiting will work, and it's not to punish the inmates, is because the drugs, it's the number one highway for drugs coming into prison. The drugs are just, every day they got the, they got G-tail tablets that you guys know about. And I'm going off script just for a second. They will call a girl and she will three-way them to the other inmate. That's why we've given them a network to run drugs into prison. That's what the G-tail tablets are. A lot of functions on the tablet like movies, TV series, things like that. That's great. education. They can get emails from their family. They can send pictures to their family. They can't send, but they can receive pictures. That's great about the tablets, but the tablets are used against us. And not every inmate in prison is running drugs, so don't think I'm paranoid. We're not trying to micromanage. But the tablets, we've given the inmates a highway for cell phones. Anyways. CO Andy Lansing, surviving widow, went to refill a prescription a few days after her husband died and was brutally murdered. The pharmacy tech, not the state of Ohio, told her, I'm sorry, you're not covered by the state anymore. She was shocked. She called into RCI HR department and was told all of your insurance had been canceled as of January the 1st, six days after Andy Lansing's murder. She lost every benefit from the state. House Bill 338 corrects that atrocity by keeping the surviving spouse on state health care and can no longer be abandoned. Her family or herself can never be abandoned anymore in the future. That's extremely a terrible thing that happened to her and that she had to live with. Now I want to cover something important here. What ODRC did for post damage control, because I've been a general manager, district manager, VP of marketing sales, I ran businesses. Corrections just ran poorly, period. That's why the centermism rate isn't known to you. They keep it hidden now. It is freaking hidden. You guys can't find unless you tried. Anyways, immediately after Andy Lansing was murdered, technicians were going around inside RCI checking all the mandal receiver boxes, and several did not work and were being fixed or replaced. All this happening within days of Andy's murder. I only know this because I was in a tie shack. The technician comes in. He was tearing this little box apart. I said, what are you doing? Oh, my gosh. He says, I'm replacing a man down box. The receiver doesn't work. The tie shack that Andy was murdered in was retrieved and taken off the compound the next morning. Andy Lansing never had his man down go off. He never got to pull it. He never got to push a button. We don't know. It may never have worked. He might have hit his man down. But the state knows that stuff didn't work proper. August 2025, the state deployed series 10 tasers. They bought 100 of them for $350,000. We don't need tasers. We barely use them. Pepper spray worked great, and it's way more affordable. Only two prisons use the taser system right now, guys. I'm sorry, Senators. Only two, us and Trumbull. There's two others in training, but it's been a year, and only two with all that money is using tasers right now. They're deployed, too. I appreciate your time. I thank you for the consideration. I really respectfully urge that the committee favorably report House Bill 338 as soon as possible. The correctional officers are waiting on your help daily and we need you I studied the cost of the BWCs the Taser cameras Visiting it will go from the floor to the ceiling ma I know she asked that the Senator asked that earlier It will go from the ceiling to the floor There will be zero contact And, sir, we're not micromanaging, Mr. Chairman. Corrections isn't being ran by a manager. It's just being funded every year, no matter what product we turn back out to the community. You've got poor people in management that don't understand corrections. And the previous director had never kept an inmate in her entire life. and she was appointed the director of corrections. You would not hire a plumber to be an electrician. Thank you for your time.

Chair Manningchair

Thank you for your testimony. Are there any questions? No questions? Thank you so much.

James Skaggswitness

Thank you, Chairman.

Chair Manningchair

And last, we will hear a proponent testimony from Steve Spalding from Creative Creative. Oh, well.

NEW3

Well, Mr. Chairman, Ranking Meg Burr, Hicks Hudson, and Senator Kent Smith, really appreciate the opportunity to read to you today the testimony from Steve Spaulding and Percy Pitzer, co-owners of Creative Corrections, a correctional consultancy. I support the intent of House Bill 338 and appreciate the General Assembly's commitment to improving safety within Ohio's correctional institutions. Correctional officers perform difficult and often dangerous work and the state has an obligation to ensure that they have tools Policies and protections necessary for safety to safely perform their duties The tragic circumstances that gave rise to this legislation demonstrate the serious risks faced by correctional professionals every day As the committee considers House bill 338 I respectfully request consideration of an amendment establishing an independent review process for all in custody deaths within Ohio's correctional institutions Such a review process would not diminish the bill's focus on officer safety. Rather, it would strengthen public confidence in Ohio's correctional system by ensuring that deaths occurring while an individual is in state custody receive a thorough, objective and transparent review. Independent reviews can identify operational deficiencies, training needs, medical care concerns, mental health issues, facility conditions, or other systemic factors that may contribute to future tragedies. Specifically, I recommend that the bill be amended to require independent review of all inmate deaths occurring in state correctional institutions, participation by individuals or entities not directly employed by the institution where the death occurred, written findings and recommendations focused on prevention and system improvement, and an annual reporting of aggregate findings to the General Assembly and the public while protecting confidential information. Ohio has an opportunity to advance a comprehensive approach to correctional safety, safety, one that protects correctional staff, promotes accountability, improves institutional operations and strengthens public trust. House Bill 338 seeks to address serious challenges within our correctional system. Adding an independent in custody death review provision would further that goal by creating a mechanism for continuous improvement and ensuring that lessons are learned whenever a death occurs in state custody. Thank you for your consideration. I respectfully urge the committee to favorably report House Bill 338, with the addition of an amendment establishing independent in-custody death reviews. I'm available for questions.

Chair Manningchair

All right. Thank you for your testimony. We normally don't let people read someone else's testimony. If you don't mind filling out the witness form, we'll have that filled out after committee. Any additional questions? All right. Thank you once again for your testimony. Thank you. Members, please note written proponent testimony from Muskingum County Prosecutor's Office, Ross County Sheriff, and also the Ohio Prosecutor's Attorney's Office. and this will stand as the second hearing on House Bill 338, and with no further business, we stand adjourned.

Source: Ohio Senate Judiciary Committee - 6-3-2026 · June 3, 2026 · Gavelin.ai