Trouble at the last minute
Another of example of legislating without benefit of enough thought
Ohio.com, June 22, 2011.
Red flags should go up whenever legislators make last-minute additions to bills during the final legislative stages. Chances are, such insertions are ill-considered. It is a disservice to the public when they slip amendments into legislation without the benefit of full airing.
The chairman of the Ohio Senate Criminal Justice Committee, Timothy Grendell, added to the criminal sentencing bill, House Bill 86, a notification provision so broad it promised to increase the stigma on foster children who must be placed in new communities due to no fault of their own.
With little time left on the legislative calendar to consider the House-approved sentencing bill, Grendell added language that required children services agencies, when they placed foster children with mental, emotional or behavior problems in new communities, to notify the school superintendent and private school officials within the district, plus the juvenile court, the county sheriff and the chief law enforcement officer of the municipality where the foster home was located.
In short, as child protective agencies quickly pointed out, the amendment applied a notification policy more relevant to the state's sex-offender registry to foster children, whether or not they have had problems with the law. The agencies argue correctly that without any justification, the notification measure would single out and further stigmatize children who already are traumatized by their experiences and need therapeutic care to rebuild their lives in a new environment away from home.
The criminal sentencing bill, including the foster-care notification, is scheduled for a vote on the Senate floor, most likely before the end of the week. Thankfully, Grendell has acknowledged the concerns raised by child advocates. He significantly scaled down the scope of his initial proposal. More reasonably, the proposed notification now would be limited to foster children who are adjudicated delinquent for violent crimes.
Better still would be removing the provision, the proper assessment still lacking, the episode illustrating again the trouble with legislating by stealth.
Showing posts with label foster youth community notification. Show all posts
Showing posts with label foster youth community notification. Show all posts
Thursday, June 23, 2011
Foster care youth and alumni express concerns about Foster Youth Community Notification Provisions
Senate Criminal Justice Reports out Sentencing Reform Bill
Hannah Report, June 22, 2011.
After five hours and two recesses for drafting changes, the criminal sentencing overhaul cleared committee on a party line vote, with all Republicans voting for and all Democrats against HB86.
The chair, Sen. Tim Grendell (R-Chesterland), began the hearing by describing the substitute bill, which includes the following changes, among others:
- Earned credits to be “provisional” up to five days plus possible bonus days, but no more than eight percent of original sentence. Involuntary manslaughter would now qualify for earned credit.
- The “Foster fix” now reflects the language of SB2 rather than House amendments to HB86.
- Encourages minimum sentencing where appropriate.
- “Bifurcates” sentencing for third-degree felonies, making certain offenses including gross sexual imposition and corruption of a minor up to five years in prison.
- Increased risk reduction sentencing from 75 percent to 80 percent.
- Provides that the Department of Rehabilitation and Correction (DRC) will review all inmates 65 and older and determine why they are still in prison.
- Eliminates the 10-year cap on judicial release under certain conditions.
- Commissions a DRC inmate assault study.
- Adopts certificates of achievement and employability as a “second-chance” program.
- Incorporates Sen. Kearney’s SB44, which prohibits inmates from possessing a photograph of their sex crime victims.
- Makes use of risk assessment tool non-mandatory.
- Specifies that only a child that furnished, brandished, used or discarded a gun used in a crime will be subject to firearm sentencing specifications.
- Prohibits the issuance of speeding tickets based on the unaided visual determination of an officer.
- Specifies that only the head administrator of a school attended by a foster child adjudicated delinquent would know of the child’s background, in addition to the top law enforcement official in the area, and shields the address of the child’s foster home.
The committee then heard from a series of witnesses opposed to the addition of the delinquency notification provision, including Alex McFarland, a former foster child and a member and former president of the Ohio Youth Advisory Board; Vice President and Chief Clinical Officer Ben Kearney of Berea Children's Home and Family Services; Associate Director for Government Relations Mark Mecum of the Ohio Association of Child Caring Agencies; and Judge Theresa Dellick of the Mahoning County Juvenile Court, who added her comments to written testimony otherwise supportive of juvenile justice changes in the bill.
McFarland discussed the "discrimination, prejudice and stereotyping" foster children will be further subjected to under delinquency disclosure provisions. Sen. Turner agreed that the addition would amount to a "Scarlet Letter" for foster children.
Witness Kearney said HIPAA confidentiality laws would not apply to delinquent foster children under treatment. "The unintended consequences of this provision will damage the lives of Ohio's youth."
Said Mecum, "Foster children need care and support from the state of Ohio -- their legal custodian -- until we find them permanent, loving families. This type of warning mechanism for communities could lead to mistreatment of the youth, promotion of a stigma that foster children are dangerous, disincentives for foster parenting, and establishment of a dangerous statutory precedent."
Sen. Nina Turner (D-Cleveland) noted the racial dimensions of a provision that could apply disproportionately to minority youth.
Dellick suggested the notification requirement be limited to foster youth adjudicated delinquent for crimes of violence, and the chair agreed.
"Done deal. That's a good suggestion," Grendell said.
The committee recessed for an hour to draft the change. When it adjourned, OACCA reiterated it's opposition to the notification provision, notwithstanding the pending change. Lamar Graham, a teacher, college advisor and former foster child, and Arlene Jones, a caseworker for a child service agency, and former foster child, concurred with OACCA.
Lisa Dickson, a former foster child and advocate of foster children, then read off one by one the 22 agencies that have submitted a joint letter in opposition to the notification requirement: Ohio Foster Care Association, Children's Defense Fund-Ohio, Dave Thomas Foundation for Adoption, Catholic Charities, Bellefaire Jewish Children's Bureau, Public Children Services Association of Ohio, The Ohio Council, Voices for Ohio's Children, Ohio CASA, Ohio Adoption Planning Group, National Alliance on Mental Illness of Ohio, Ohio Grandparent Kinship Coalition, Daybreak, Maryhaven, Overcoming Hurdles in Ohio Youth Advisory Board, Pathway Caring for Children, Ohio Independent Living Association, National Center for Adoption and Law Policy, Northeast Ohio Adoption Services, Adopt America Network, and The Village Network.
Dickson expressed sympathy for the murder committed by a foster child in Grendell's district, which the chair cited in defense of the notification requirement, though the witness suggested it should not be used as a broad brush for all foster children adjudicated delinquent. It prompted a reaction from the chair.
"We have instances of foster children in other counties that have killed their foster parents, but I won't bore you with that tonight," he said.
Executive Director David Singleton of the Ohio Justice and Policy Center offered proponent testimony on other provisions of the bill, specifically, certificates of achievement and employability and the “Foster fix” restoration of judicial presumption in favor of concurrent sentences, which dates back to the 1996 determinate sentencing scheme.
“A key step in significantly reducing the expensive prison-return rate is to remove obstacles to employment for people with criminal records,” he said, calling the certificates “a good first step.” He agreed with Sen. Lehner that the concept should be extended to people with criminal records who are no longer, or never were, in prison.
On concurrent sentences, Singleton agreed with the Ohio Prosecuting Attorneys Association that all elements of the original determinant sentencing scheme must be in play for the system to work as intended. He noted, as have many over the past several years, that the Ohio Supreme Court ruling in State v. Foster (2006) hobbled the use of concurrent sentences in lieu of consecutive sentences.
Yet Singleton said current language is too watered down and will nevertheless result in relatively low-level offenders receiving consecutive sentences.
Sen. Eric Kearney (D-Cincinnati) commended Singleton for making ex-offenders his life's work. "I know your background, and you could have made a million dollars on Wall Street."
Several representatives of Mothers Against Drunk Driving also submitted written testimony opposing OVI provisions of the bill.
The chair followed with several recesses to draft a number of changes to the bill, including the rollback of the delinquent foster child notification requirement to those guilty of violent crimes.
When the committee reconvened the final time, the substitute bill was accepted without objection and then amended with several changes:
- A “technical amendment” which, among other things, specifies that juvenile competency hearings apply to all offenses under R.C. 2152 except juvenile traffic offenses, and provides for the expungement of lower level criminal findings in “reverse bind-over” cases. The amendment was accepted along party lines.
- A “purely technical amendment,” which was accepted without objection.
- An amendment removing transitional control language from the bill, which was accepted without objection.
- An amendment which preserves juvenile court jurisdiction in reverse bind-over cases, and which transfers certain notice requirements from clerks of court to prosecutors. It was accepted without objection.
- An amendment incorporating final, “comprehensive” DRC changes, which included the following, among others: deletes judicial review of certificates of achievement and employability; eliminates the “convoluted” earned credit language of substitute bill, in Grendell’s words, and instead allows DRC to reduce credits for certain institutional infractions; makes GPS monitoring the responsibility of the courts rather than DRC; allows a judge to defer sentencing for fourth- and fifth-degree felonies up to 45 days when no appropriate community sanction is readily available, allowing DRC to assist the court in finding alternatives to incarceration; eliminates the “Coley amendment.”
The 45-day deferral increased the original proposal for 30 days in an amendment to the amendment. Sen. Kearney questioned the entire concept and was joined by Sen. Turner in opposing the deferral language. The full DRC omnibus amendment, however, was accepted without objection.
- A final amendment adopting the change to the foster child notification requirement, which restricts disclosure to the school attended by the child and the highest ranking local law enforcement official, and to children adjudicated for violent crimes. The amendment was accepted along party lines.
Before the final vote, Grendell offered general comments about criminal justice legislation over the past two General Assemblies.
“This is the longest time I have spent on any bill, other than the Great Lakes Compact, during my time in the Legislature,” the chair said, suggesting he and his longtime aide from the Legislative Service Commission would be having nightmares about HB86 for some time.
The bill was then reported out along party lines in a 6-3 vote.
Grendell concluded the hearing by announcing the committee will not meet again before summer recess.
Hannah Report, June 22, 2011.
After five hours and two recesses for drafting changes, the criminal sentencing overhaul cleared committee on a party line vote, with all Republicans voting for and all Democrats against HB86.
The chair, Sen. Tim Grendell (R-Chesterland), began the hearing by describing the substitute bill, which includes the following changes, among others:
- Earned credits to be “provisional” up to five days plus possible bonus days, but no more than eight percent of original sentence. Involuntary manslaughter would now qualify for earned credit.
- The “Foster fix” now reflects the language of SB2 rather than House amendments to HB86.
- Encourages minimum sentencing where appropriate.
- “Bifurcates” sentencing for third-degree felonies, making certain offenses including gross sexual imposition and corruption of a minor up to five years in prison.
- Increased risk reduction sentencing from 75 percent to 80 percent.
- Provides that the Department of Rehabilitation and Correction (DRC) will review all inmates 65 and older and determine why they are still in prison.
- Eliminates the 10-year cap on judicial release under certain conditions.
- Commissions a DRC inmate assault study.
- Adopts certificates of achievement and employability as a “second-chance” program.
- Incorporates Sen. Kearney’s SB44, which prohibits inmates from possessing a photograph of their sex crime victims.
- Makes use of risk assessment tool non-mandatory.
- Specifies that only a child that furnished, brandished, used or discarded a gun used in a crime will be subject to firearm sentencing specifications.
- Prohibits the issuance of speeding tickets based on the unaided visual determination of an officer.
- Specifies that only the head administrator of a school attended by a foster child adjudicated delinquent would know of the child’s background, in addition to the top law enforcement official in the area, and shields the address of the child’s foster home.
The committee then heard from a series of witnesses opposed to the addition of the delinquency notification provision, including Alex McFarland, a former foster child and a member and former president of the Ohio Youth Advisory Board; Vice President and Chief Clinical Officer Ben Kearney of Berea Children's Home and Family Services; Associate Director for Government Relations Mark Mecum of the Ohio Association of Child Caring Agencies; and Judge Theresa Dellick of the Mahoning County Juvenile Court, who added her comments to written testimony otherwise supportive of juvenile justice changes in the bill.
McFarland discussed the "discrimination, prejudice and stereotyping" foster children will be further subjected to under delinquency disclosure provisions. Sen. Turner agreed that the addition would amount to a "Scarlet Letter" for foster children.
Witness Kearney said HIPAA confidentiality laws would not apply to delinquent foster children under treatment. "The unintended consequences of this provision will damage the lives of Ohio's youth."
Said Mecum, "Foster children need care and support from the state of Ohio -- their legal custodian -- until we find them permanent, loving families. This type of warning mechanism for communities could lead to mistreatment of the youth, promotion of a stigma that foster children are dangerous, disincentives for foster parenting, and establishment of a dangerous statutory precedent."
Sen. Nina Turner (D-Cleveland) noted the racial dimensions of a provision that could apply disproportionately to minority youth.
Dellick suggested the notification requirement be limited to foster youth adjudicated delinquent for crimes of violence, and the chair agreed.
"Done deal. That's a good suggestion," Grendell said.
The committee recessed for an hour to draft the change. When it adjourned, OACCA reiterated it's opposition to the notification provision, notwithstanding the pending change. Lamar Graham, a teacher, college advisor and former foster child, and Arlene Jones, a caseworker for a child service agency, and former foster child, concurred with OACCA.
Lisa Dickson, a former foster child and advocate of foster children, then read off one by one the 22 agencies that have submitted a joint letter in opposition to the notification requirement: Ohio Foster Care Association, Children's Defense Fund-Ohio, Dave Thomas Foundation for Adoption, Catholic Charities, Bellefaire Jewish Children's Bureau, Public Children Services Association of Ohio, The Ohio Council, Voices for Ohio's Children, Ohio CASA, Ohio Adoption Planning Group, National Alliance on Mental Illness of Ohio, Ohio Grandparent Kinship Coalition, Daybreak, Maryhaven, Overcoming Hurdles in Ohio Youth Advisory Board, Pathway Caring for Children, Ohio Independent Living Association, National Center for Adoption and Law Policy, Northeast Ohio Adoption Services, Adopt America Network, and The Village Network.
Dickson expressed sympathy for the murder committed by a foster child in Grendell's district, which the chair cited in defense of the notification requirement, though the witness suggested it should not be used as a broad brush for all foster children adjudicated delinquent. It prompted a reaction from the chair.
"We have instances of foster children in other counties that have killed their foster parents, but I won't bore you with that tonight," he said.
Executive Director David Singleton of the Ohio Justice and Policy Center offered proponent testimony on other provisions of the bill, specifically, certificates of achievement and employability and the “Foster fix” restoration of judicial presumption in favor of concurrent sentences, which dates back to the 1996 determinate sentencing scheme.
“A key step in significantly reducing the expensive prison-return rate is to remove obstacles to employment for people with criminal records,” he said, calling the certificates “a good first step.” He agreed with Sen. Lehner that the concept should be extended to people with criminal records who are no longer, or never were, in prison.
On concurrent sentences, Singleton agreed with the Ohio Prosecuting Attorneys Association that all elements of the original determinant sentencing scheme must be in play for the system to work as intended. He noted, as have many over the past several years, that the Ohio Supreme Court ruling in State v. Foster (2006) hobbled the use of concurrent sentences in lieu of consecutive sentences.
Yet Singleton said current language is too watered down and will nevertheless result in relatively low-level offenders receiving consecutive sentences.
Sen. Eric Kearney (D-Cincinnati) commended Singleton for making ex-offenders his life's work. "I know your background, and you could have made a million dollars on Wall Street."
Several representatives of Mothers Against Drunk Driving also submitted written testimony opposing OVI provisions of the bill.
The chair followed with several recesses to draft a number of changes to the bill, including the rollback of the delinquent foster child notification requirement to those guilty of violent crimes.
When the committee reconvened the final time, the substitute bill was accepted without objection and then amended with several changes:
- A “technical amendment” which, among other things, specifies that juvenile competency hearings apply to all offenses under R.C. 2152 except juvenile traffic offenses, and provides for the expungement of lower level criminal findings in “reverse bind-over” cases. The amendment was accepted along party lines.
- A “purely technical amendment,” which was accepted without objection.
- An amendment removing transitional control language from the bill, which was accepted without objection.
- An amendment which preserves juvenile court jurisdiction in reverse bind-over cases, and which transfers certain notice requirements from clerks of court to prosecutors. It was accepted without objection.
- An amendment incorporating final, “comprehensive” DRC changes, which included the following, among others: deletes judicial review of certificates of achievement and employability; eliminates the “convoluted” earned credit language of substitute bill, in Grendell’s words, and instead allows DRC to reduce credits for certain institutional infractions; makes GPS monitoring the responsibility of the courts rather than DRC; allows a judge to defer sentencing for fourth- and fifth-degree felonies up to 45 days when no appropriate community sanction is readily available, allowing DRC to assist the court in finding alternatives to incarceration; eliminates the “Coley amendment.”
The 45-day deferral increased the original proposal for 30 days in an amendment to the amendment. Sen. Kearney questioned the entire concept and was joined by Sen. Turner in opposing the deferral language. The full DRC omnibus amendment, however, was accepted without objection.
- A final amendment adopting the change to the foster child notification requirement, which restricts disclosure to the school attended by the child and the highest ranking local law enforcement official, and to children adjudicated for violent crimes. The amendment was accepted along party lines.
Before the final vote, Grendell offered general comments about criminal justice legislation over the past two General Assemblies.
“This is the longest time I have spent on any bill, other than the Great Lakes Compact, during my time in the Legislature,” the chair said, suggesting he and his longtime aide from the Legislative Service Commission would be having nightmares about HB86 for some time.
The bill was then reported out along party lines in a 6-3 vote.
Grendell concluded the hearing by announcing the committee will not meet again before summer recess.
Child welfare advocates express concern regarding Foster Youth Community Notification Provisions
Senate prepares to vote on 'get-out-of-prison-sooner' bill
Measure would shorten inmates' sentences and save Ohio $78 million a year
Johnson, Alan. Columbus Dispatch, June 22, 2011.
Ohio's criminal-sentencing overhaul is growing, with provisions added by an Ohio Senate panel yesterday requiring prisons to justify why they are keeping inmates 65 or older, provide certificates to help former inmates get jobs, and create an instant diversion program for shoplifters.
The Senate Judiciary Criminal Justice Committee voted 6-3 late last night to pass a substitute version of House Bill 86 loaded down with new amendments. The bill will be considered by the full Senate today.
Savings are estimated at $78 million annually on prison costs, by diverting nonviolent offenders to community programs and giving inmates credit that would reduce their sentences for participating in treatment and training. It would provide the option of treatment instead of prison for low-level, nonviolent drug offenders, allow release of inmates who have served at least 80 percent of their sentences, and equalize penalties for crack-cocaine and powder-cocaine possession.
Gov. John Kasich supports the main provisions of the bill, which he called "common-sense improvements that are badly needed."
One change approved last night would require the Ohio Department of Rehabilitation and Correction to issue a report justifying why prisoners who are 65 should still be kept in prison. The state now houses 320 prisoners 65 or older and nearly 1,900 inmates 60 or older.
Other changes include a provision that would give inmates who have completed certain programs a "certificate of achievement and employability." That would shield potential employers from on-the-job liability if they hire ex-offenders.
Sen. Tim Grendell, R-Chesterland, the committee chairman, said another change would permit a sort of instant diversion program for shoplifters. They would not be arrested, but could arrange a community program with the store in lieu of jail time.
"This ought to help us some and save money in the process," he said.
Another addition didn't sit well with child-welfare advocates. They opposed a provision to notify the area school superintendent and law-enforcement chief when a foster child found delinquent for a violent offense moves into the community. They said the provision is discriminatory and serves no purpose other than labeling children who are already struggling.
"It's unclear what use, if any, law-enforcement agencies would have for the information," said Mark Mecum of the Ohio Association of Child Caring Agencies. "The state has no grounds to treat any children like this - particularly foster children."
Benjamin Kearney, a psychologist with Berea Children's Home and Family Services, said the law doesn't protect privacy or provide consequences when violated.
"You can't stop that kind of gossip once it starts," he said. "Soon enough, foster parents will be asked, 'Why did you bring that felon into the community?'"
Grendell said he introduced the amendment because a foster youth was involved in a homicide in his district several years ago.
"I don't know what could have been done to prevent that," Mahoning County Juvenile Court Judge Theresa Dellick said in testimony on the bill.
A change tucked into the bill by Grendell would prohibit law enforcement from issuing a speeding ticket without using a radar gun, stopwatch or other device unless it is raining, snowing or in other inclement weather. The Ohio Supreme Court ruled last year that an officer could use visual judgment to gauge speed in issuing a ticket.
Dispatch reporter Rita Price contributed to this story.
Measure would shorten inmates' sentences and save Ohio $78 million a year
Johnson, Alan. Columbus Dispatch, June 22, 2011.
Ohio's criminal-sentencing overhaul is growing, with provisions added by an Ohio Senate panel yesterday requiring prisons to justify why they are keeping inmates 65 or older, provide certificates to help former inmates get jobs, and create an instant diversion program for shoplifters.
The Senate Judiciary Criminal Justice Committee voted 6-3 late last night to pass a substitute version of House Bill 86 loaded down with new amendments. The bill will be considered by the full Senate today.
Savings are estimated at $78 million annually on prison costs, by diverting nonviolent offenders to community programs and giving inmates credit that would reduce their sentences for participating in treatment and training. It would provide the option of treatment instead of prison for low-level, nonviolent drug offenders, allow release of inmates who have served at least 80 percent of their sentences, and equalize penalties for crack-cocaine and powder-cocaine possession.
Gov. John Kasich supports the main provisions of the bill, which he called "common-sense improvements that are badly needed."
One change approved last night would require the Ohio Department of Rehabilitation and Correction to issue a report justifying why prisoners who are 65 should still be kept in prison. The state now houses 320 prisoners 65 or older and nearly 1,900 inmates 60 or older.
Other changes include a provision that would give inmates who have completed certain programs a "certificate of achievement and employability." That would shield potential employers from on-the-job liability if they hire ex-offenders.
Sen. Tim Grendell, R-Chesterland, the committee chairman, said another change would permit a sort of instant diversion program for shoplifters. They would not be arrested, but could arrange a community program with the store in lieu of jail time.
"This ought to help us some and save money in the process," he said.
Another addition didn't sit well with child-welfare advocates. They opposed a provision to notify the area school superintendent and law-enforcement chief when a foster child found delinquent for a violent offense moves into the community. They said the provision is discriminatory and serves no purpose other than labeling children who are already struggling.
"It's unclear what use, if any, law-enforcement agencies would have for the information," said Mark Mecum of the Ohio Association of Child Caring Agencies. "The state has no grounds to treat any children like this - particularly foster children."
Benjamin Kearney, a psychologist with Berea Children's Home and Family Services, said the law doesn't protect privacy or provide consequences when violated.
"You can't stop that kind of gossip once it starts," he said. "Soon enough, foster parents will be asked, 'Why did you bring that felon into the community?'"
Grendell said he introduced the amendment because a foster youth was involved in a homicide in his district several years ago.
"I don't know what could have been done to prevent that," Mahoning County Juvenile Court Judge Theresa Dellick said in testimony on the bill.
A change tucked into the bill by Grendell would prohibit law enforcement from issuing a speeding ticket without using a radar gun, stopwatch or other device unless it is raining, snowing or in other inclement weather. The Ohio Supreme Court ruled last year that an officer could use visual judgment to gauge speed in issuing a ticket.
Dispatch reporter Rita Price contributed to this story.
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