McTigue & Colombo LLC
DONALD J. MCTIGUE
J. COREY COLOMBO
DEREK S. CLINGER
BENJAMIN F.C. WALLACE
MICHAEL P.G. STINZIANO, OFC0UNSH!.

TEL:

RECEI'JED

ATTORNEYS AT LAW

(614) 263-7000

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IF(: 0 l ?01/ I
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545 EAST TOWN STREET
COLUMBUS, O1-ll0 43215
FAX:

(614) 263-7078

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Ohio Attorney General
Constitutional Offices Section
Received Dec 01 2017

WWW.ELEC:'I'I0NLAWGR0UP.C:0M

December 1, 201 7

Ohio Attorney General Constitutional
Offices Section

Via Hand Delivery

Hon. Mike DeWine
Ohio Attorney General
30 E. Broad Street
Columbus, Ohio 43215

Re:

"The Neighborhood Safety, Drug Treatment, and Rehabilitation Amendment"
Summary Petition

Dear Attorney General DeWine:
On behalf of my clients, Ohio Safe and Healthy Communities Campaign and petition
committee members Shakyra Diaz, Gary Williams, Stephen JohnsonGrove, Albert Rodenberg, Jr.,
and Margaret Nichelle Nicole Rosario, and pursuant to R.C. § 3519.0l(A), I am hereby filing with
your office a petition to approve a summary of a constitutional amendment to be proposed by
initiative petition. The petition contains over 4,000 signatures of electors on 248 part-petitions and
the summary and full text of the amendment to be proposed.
Please contact me if you have any questions. Thank you.
Very truly yours,
Donald J. McTigue
Encls.

ELECTION, CAMPAIGN FINANCE, & POLITICAi. LAW

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FIRS r AMENDMENT

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INITIATIVE & REFERENDUM

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G0VERNM[cNT ETHICS

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OJ>F.N MEETINGS & PUBLIC RECORDS

 County

-Auf{)J@_,

Auglaize
Number: -------1104
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INITIATIVE PETITION

To the Attorney General of Ohio: Pursuant to Ohio Revised Code§ 3519.0l(A), the undersigned
electors of the State of Ohio, numbering in excess of one thousand, hereby submit to you the full
text of a proposed Amendment to the Ohio Constitution and a summary of the same.
TITLE
The Neighborhood Safety, Drug Treatment, and Rehabilitation Amendment

SUMMARY
This Amendment would add a new section 12 to Article XV of the Ohio Constitution to reduce the number of people
in state prison for low-level, nonviolent drug possession or drug use offenses or for non-criminal probation violations
and by providing sentence credits for participation in rehabilitative programs and to direct the savings achieved by
such reductions in incarceration to drug treatment programs and other purposes. More specifically, in addition to other
provisions, the amendment would:
• Appropriate state funds saved due to a reduction in the number of people in state prisons as a result of the
Amendment's provisions to support drug treatment programs and other purposes consistent with the intent of the
Amendment, which are intended to supplement, not supplant, funding obligations of the state and local
governments. The general assembly shall include such appropriations in each State biennial budget beginning
with the budget commencing July 1, 2019, in a total amount equal to the projected savings in state costs that
would result from the implementation of this Amendment during the biennium period. The general assembly
would determine the projected savings by multiplying the projected fewer number of days of incarceration that
would be served in state prisons as a result of the provisions in the Amendment by certain per-diem rates, which
would be biennially adjusted by the rate of inflation. The general assembly would also enact a system to adjust
the appropriations at the close of the biennial budget period based upon true-ups of the projected savings. For the
first three State biennial budgets after the adoption of this Amendment, the cost savings shall be reallocated as
follows: 70% to the state department of mental health and addiction services, or it successor, for a grant program
funding substance abuse treatment programs, services, and supports; and 30% for purposes consistent with the
intent of this Amendment, such as crime victim programs, adult and juvenile probation programs, graduated
responses programs, and rehabilitation programs for people in the justice system, at least half of which shall be
distributed to the attorney general for a grant program funding trauma recovery services for crime victims. After
three State biennial budgets, the general assembly could change the allocation percentages subject to certain
minimum parameters. The funds disbursed may be used by the recipients without regard to the fiscal year for
which the funds were appropriated or disbursed.
• Provide that the Ohio Department of Rehabilitation and Correction, or its successor, grant incarcerated individuals
sentence credits of one half of one day for each day they participate in appropriate rehabilitative, work, or
educational programming, up to a maximum of twenty-five percent of the individual's stated sentence, and, in
the Department's discretion, grant up to thirty days of additional sentence credits for completion of such
programming. These provisions would not apply to individuals serving sentences of death or life without parole
or for murder, rape, or child molestation.
• Provide that offenses for obtaining, possessing, or using a drug or drug paraphernalia shall be classified no higher
than a misdemeanor. The sanctions for such offenses may not exceed those of a first degree misdemeanor, and,
for an individual's first or second conviction within a twenty-four month period, the sanctions shall not exceed
probation. If an individual has more than two convictions within a twenty-four month period, sanctions may
include jail time and probation in lieu of jail time.
• Require that graduated responses be imposed for non-criminal probation violations, and that individuals who are
on probation for a felony offense and commit a non-criminal probation violation shall not be sent to prison on a
probation revocation for such violation.
• Require each trial court with jurisdiction to revoke an adult's or juvenile's probation for a non-criminal violation
to prepare guidelines, subject to approval by the Ohio Department of Rehabilitation and Correction, or its
successor, for graduated responses that may be imposed for non-criminal probation violations.
• Provide that individuals who, prior to the effective date of this Amendment, were convicted of obtaining,
possessing, or using a drug or drug paraphernalia, or were adjudicated delinquent based on such offense, may
petition the court in which the conviction or adjudication occurred to have such charge changed to the respective

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class of offense as determined by the general assembly in accordance with this Amendment. Individuals who have� fl.
not completed their sentences for such offense as of the Amendment's effective date, and who petition the
sentencing court, shall be re-sentenced and/or released, unless the court determines that the individual presents a
risk to the public and should not be re-sentenced and/or released.
• Provide that the grants for substance abuse treatment programs, services, and supports be awarded pursuant to an
application program with an emphasis on the demonstrated need of the population to be served by the applicant,
the applicant's proposed use for the funds, and the applicant's demonstrated ability to achieve successful results
with effective programs.
• Require biennial evaluations of the efficiency and effectiveness of the substance abuse treatment programs and
services and the crime victim trauma recovery services funded under this Amendment.
• Not apply to offenses for the sale, distribution, or trafficking of drugs, nor to any drug offense that was classified
as a first, second, or third degree felony as of January I, 2018.
• Not apply to, change, or affect laws or sentencing for the incarceration of individuals convicted of murder, rape,
or child molestation.
• Super cd · any conllicling stale and local laws, charters, und regulULions or other provisions orthc 'on Li tut ion.
The Amendment contains ertain oecl.1rmions and findings Lhal are relevant Lo the Amendment. and deline. 'drug,"
'pos essing, obtaining or u ing u drug" 'drug paraphernolia,'' posse sing, obtaining, or using drug paraphernalia"
'la s Lhat make pos essing obtaining, or u. ing a urug or drug para1 hernulia '1 criminal offense," "gradu;:itcd
responses" '·county or municipal jail.'' non-criminal violations I of probation l rm J," Md ·probuti 11.''

COMMITTEE TO REPRESENT THE PETITIONERS
The following persons are designated as a committee to represent the petitioners in all matters relating to the petition
or its circulation:
Sbakyra Diaz
Gary Williams
Stephen JohnsonGrove
Albert l{odenberg. .Ir.
Margaret Nichelle Nicole Rosarin

5780 real orlhcrn Blvd., ,2 onh )l111sted, 01 I 44070
13612 ArdoonAv ., Cleveland OH 44120
396, Lowry Ave. incinnati, 011 45229
3622 Highland Green, Cincinnati, OH 45245
"'584 Tivoli Ct., Gahanna, OH 43230

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,,

 FULL TEXT OF PROPOSED AMENDMENT
Be it Resolved by the People of the State of Ohio that Article XV of the Ohio Constitution is
hereby amended to add the following Section:
§12 Neighborhood Safety, Drug Treatment, and Rehabilitation Amendment
(A) Findings and Declarations.
The People of the State of Ohio find and declare that drug addiction is a serious societal
problem that presents issues of public health and safety and incarcerating users rather than by
providing treatment poses a threat to public safety and is an inefficient use of criminal justice
resources, and further find and declare that prison spending should be focused on violent and
serious offenses and preparing individuals for release through rehabilitation while maximizing
alternatives for non-serious non-violent crime.
(B) Purpose of this Section and Savings Achieved from Prison Population Reduction.
(1) In adopting this Section, it is the purpose and intent of the people of the State of Ohio to
ensure that state prison spending is focused on violent and serious offenses and to invest future
savings generated from this Section into substance abuse treatment programs, crime victim
programs, and other purposes consistent with this Section.
(2)(a) To support substance abuse treatment programs, crime victim programs, and other
purposes consistent with this Section, such as adult and juvenile probation department
programs, graduated responses programs, and rehabilitation programs for people in the justice
system, the general assembly shall include in the State biennial budget appropriations of funds
from the savings to the State achieved as a result of the implementation of this Section. The
funds disbursed pursuant to this Section are intended to supplement, not supplant, funding
obligations of the state and local governments.
(b) Seventy percent of the funds to be disbursed under this Section shall be disbursed to the
state department of mental health and addiction services, or its successor, for a grant program
funding substance abuse treatment programs, services, and supports throughout Ohio. The state
department of mental health and addiction services, or its successor, shall award the grants
pursuant to an application program with an emphasis on the demonstrated need of the
population to be served by the applicant, the applicant's proposed use for the funds, and the
applicant's demonstrated ability to achieve successful results with effective programs. The
state department of mental health and addiction services, or its successor, shall conduct a
biennial evaluation of the efficiency and effectiveness of the substance abuse treatment
programs and services funded under this Section.
(c) Thirty percent ofthe funds to be disbursed under this Section shall be disbursed for purposes
that are consistent with the intent of this Section, such as crime victim programs, adult and
juvenile probation department programs, graduated responses programs, and rehabilitation
programs for people in the justice system. To reduce further victimization of underserved
victims of violent crime, at least half of such funds shall be disbursed to the attorney general
for a grant program funding victim trauma recovery services. The attorney general shall
conduct a biennial evaluation of the efficiency and effectiveness of the trauma recovery
services for crime victims funded under this Section.

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 (d) The general assembly may adjust the ratio of funds to be disbursed pursuant to this division
for substance abuse treatment programs, services, and supports and for other purposes
consistent with this Section after the first three biennial appropriations and every three biennial
appropriations thereafter. Under any adjusted ratio of funds by the general assembly, no less
than fifty percent of the total funds shall be disbursed for substance abuse treatment programs,
services and supports, and no less than ten percent for crime victim trauma recovery services.
(e) The funds disbursed under this division may be used by the recipients without regard to the
fiscal year for which the funds were appropriated or disbursed.
(C) Sentence Credits for Rehabilitation.
The Ohio Department of Rehabilitation and Correction, or its successor, shall grant to an
incarcerated individual one half of one day of credit toward satisfaction of the individual's
stated sentence for each day they participate in appropriate rehabilitative, work, or educational
programming, up to a maximum of twenty-five percent of the individual's stated sentence. The
Ohio Department of Rehabilitation and Correction may, at its discretion, grant up to thirty days
of additional credit toward satisfaction of an individual's stated sentence for completion of
appropriate rehabilitative, work, or educational programming. This division shall not apply to
any individuals who are serving sentences ofdeath or life without the possibility of parole, nor
to individuals serving sentences for murder, rape, or child molestation.
(D) Reclassification of Certain Non-Serious, Non-Violent Drug Offenses.
With respect to state laws that make possessing, obtaining, or using a drug or drug
paraphernalia a criminal offense, in no case shall any offense be classified higher than a
misdemeanor. The misdemeanor classification may be a general classification or a special
classification for the offense. The sanctions authorized may not exceed those of a first-degree
misdemeanor, and, for an individual's first or second conviction within a twenty-four month
period, the sanctions shat1 not exceed probation. If an individual has more than two convictions
within a twenty-four month period, then sanctions may include jail time or probation in lieu of
jail time.
(E) Graduated Responses for Non-Criminal Violations of Probation.
Within ninety days of the effective date of this Section, each trial court with jurisdiction to
revoke an adult's or juvenile's probation for a non-criminal violation shall prepare and submit
for approval to the Ohio Department of Rehabilitation and Correction, or its successor,
guidelines for graduated responses that may be imposed for such violations. An individual
who, on or after the effective date of this Section, is on probation for a felony offense shall not
be sent to prison on a probation revocation for non-criminal violations of the terms of their
probation. Non-criminal violations shall be dealt with in accordance with guidelines for
graduated responses.
(F) Retroactive Application of this Section.
(1) Any individual who, prior to the effective date of this Section, was convicted under Ohio
law of an offense of possessing, obtaining, or using a drug or drug paraphernalia, or was
adjudicated a delinquent based on such an offense and who has not completed their sentence
for such offense, may petition the court in which the conviction or adjudication occurred to
have such charge changed to the respective class of o ffense as determined by the general
assembly in accordance with this Section, and shall be re-sentenced and/or released, unless the
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 court makes a finding and sets forth a particularized factual basis that the individual presents a
risk to the public and should not be re-sentenced and/or released.
(2) Any individual who, prior to the effective date o f this Section, was convicted under Ohio
law of an offense of possessing, obtaining, or using a drug or drug paraphernalia, or who was
adjudicated a delinquent based on such offense, and who has completed their sentence for such
offense, may petition the court in which the conviction or adjudication occurred to have such
charge changed to the respective class of offense as determined by the general assembly in
accordance with this Section.
(G) Provisions Do Not Apply to Convictions for the Sale, Distribution, or Trafficking of Drugs.
Divisions (D) and (F) of this Section do not apply to convictions for the sale, distribution, or
trafficking of drugs or to convictions for a ny drug offense that, based on volume or weight,
and as of January 1, 2018, was classified as a first, second, or third-degree felony offense.
(H) Provisions Do Not Apply to Convictions for Murder, Rape, or Child Molestation.
Nothing in this Section shall be construed as applying to, changing, or affecting laws or
sentencing for the incarceration of individuals convicted of murder, rape, or child molestation.
(I) Calculation of Savings to the State .

(l) The general assembly shall include the appropriations set forth in Division (B) of this
Section in each State biennial budget beginning with the budget commencing July 1, 2019, in
a total amount equal to the projected savings in state costs that will result from the
implementation of this Section during the biennium period.
(2) The projected savings in state costs shall be the sum of the following calculations:
(a) The State shall project the fewer number of days of incarceration that will be served in state
prisons during the biennium as a result of Divisions (C), (D), and (F) of this Section and
multiply the number by a per-diem amount of forty dollars.
(b) The State shall project the fewer number of days of incarceration that will be served in state
prisons during the biennium as a result of Division (E) of this Section and multiply the number
by a per-diem amount of thirty dollars.
(3) The general assembly shall enact a system to adjust appropriations under this Section at
the close of the biennial budget period based upon true-ups of the projected savings.
(4) The per-diem figures used in this subdivision shall be adjusted each State biennial budget
by the rate of inflation for the previous biennial budget period according to the consumer price
index or its successor .
(5) In making the calculations required by this Section, the State shall use actual data or best
available estimates where actual data is not available.
(J) Definitions.
As used in this Section:
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 (1) "Drug" means any controlled substance, compound, mixture, preparation, or analog
intended to be injected, ingested, inhaled, or otherwise introduced into the human body as
identified and regulated by the general assembly.
(2) "Possessing, obtaining, or using a drug " does not include possession of a drug for purposes
of the sale, distribution, or trafficking of drugs
(3) "Drug paraphernalia" means any equipment, product, or material used or intended to be
used in connection with the possession or use of a drug.
(4) "Possessing, obtaining, or using drug paraphernalia" does not include possession of drug
paraphernalia for purposes of the sale, distribution, or trafficking of drugs.
(5) "Laws that make possessing, obtaining, or using a drug or drug paraphernalia a criminal
offense" do not include laws that make it a criminal offense to possess a drug or drugs for
purposes of the sale, distribution, or trafficking of drugs .
(6) "Graduated responses" means an accountability-based graduated series of sanctions and
incentives designed to protect communities, hold people accountable , and prevent repeat
offe nses by providing appropriate responses for unlawful actions and by inducing and
reinforcing law-abiding behavior. This schedule of responses may include, but is not limited
to, drug treatment, community service, fines, electronic monitoring, detention other than in a
county or municipal jail, detention in a county or municipal jail, but only upon the court making
a finding and setting forth a particularized factual basis that the individual presents a risk to
themselves or the public, and earned rewards, such as reduced sentences for compliant conduct
as the trial court deems appropriate.
(7) "County or municipal jail" means a county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse.
(8) A "non-criminal violation" of the terms ofprobation includes, but is not limited to, actions
such as a drug use relapse, missing a curfew, missing or being late for a probation meeting,
changing an address without permission, failing to timely pay a fine, or failing to perform
required community service. An action that results in a criminal conviction is not a non ­
criminal violation under this Section.
(9) "Probation" includes community control sanctions.
(K) Liberal Construction.
This Section shall be liberally construed to effectuate it purpose.
(L) Conflicting laws.
This Section shall supersede any conflicting state and local laws, charters, and regulations or
other provisions of this constitution.

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 e.,v

STATEMENT OF CIRCULATOR

, declare under penalty of election falsification that I am the
I, (< .?\.,-\-l-\.,\1
e,.. 5±a(m
"""'--- -­
circulator of Zthe foregoing petition paper containing the signatures of -------=j_
electors, that the signatures appended hereto were made and appended in my presence on the date
set opposite each respective name, and are the signatures of the persons whose names they purport
to be or of attorneys in fact acting pursuant to section 3501.382 of the Revised Code, and that the
electors signing this petition did so with knowledge of the contents of same. I am employed to
circulate this petition by

-

(Name and address of employer). (The preceding sentence shall be completed as required by
section 3501.3 8 of the Revised Code if the circulator is being employed to circulate the petition.)
I further declare under penalty of election falsification that I witnessed the affixing of every
signature to the foregoing petition paper, that all signers were to the best of my knowledge and
belief qualified to sign, and that every signature is to the best of my knowledge and belief the
signature of the person whose signature it purports to be or of an attorney in fact acting pursuant
to section 3501.382 of the Revised Code.
(Signed)

3lf23 Prov10,e Stre e r

3427 Province Street

(Address of circulator's permanent residence in this
state) Number and Street, Road or Rural Route
)

City, Village or Township

OH

State

Zip Code

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY
OF A FELONY OF THE FIFTH DEGREE.

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