Crimmigration Or a Million Known Unknowns Office of the Ohio - PowerPoint PPT Presentation

Legislation, Litigation, & Crimmigration Or a Million Known Unknowns Office of the Ohio Public Defender www.opd.ohio.gov

Targeting Community Alternatives to Prison (TCAP) • Effective July 1, 2018 • 48 TCAP Counties • MOU • R.C. 2929.34(B) Office of the Ohio Public Defender www.opd.ohio.gov

Targeting Community Alternatives to Prison (TCAP) Office of the Ohio Public Defender www.opd.ohio.gov

Targeting Community Alternatives to Prison (TCAP) • Questions: • Is TCAP a prison sentence? • It depends • Isn’t jail/CBCF limited to 6 month sentence? • It depends • If multiple eligible F5s, can person go to DRC if run consecutively? • Yes, because stated prison term is more than 12 months Office of the Ohio Public Defender www.opd.ohio.gov

House Bill 49 – Technical Violations Office of the Ohio Public Defender www.opd.ohio.gov

R.C. 2929.15(B)(1)(c) Prison Term Technical Violation For any F5 or 90 Days for F5 or Non-Felony Non-Violent F4 180 Days for F4 Office of the Ohio Public Defender www.opd.ohio.gov

Clear as Mud… What the Heck is a Technical Violation? Office of the Ohio Public Defender www.opd.ohio.gov

Early Litigation Cuyahoga County • Failure to Complete Treatment State v. Catron-Wagner Lake County • Drinking/Positive Alcohol State v. Pino Geauga County • Heroine Overdose State v. Cozzone Warren County • Failure to Complete Treatment State v. Davis Office of the Ohio Public Defender www.opd.ohio.gov

What Comes Next? • No indication Legislature will modify Legislation? language. • Appeals Litigation? • Habeas Petitions • Trial Court Motions Office of the Ohio Public Defender www.opd.ohio.gov

Marsy’s Law Office of the Ohio Public Defender www.opd.ohio.gov

Multi-State Political Process Office of the Ohio Public Defender www.opd.ohio.gov

What is Marsy’s Law? Office of the Ohio Public Defender www.opd.ohio.gov

Victimless Crime? Office of the Ohio Public Defender www.opd.ohio.gov

So What is in Marsy’s Law? Victim Representative Receive Investigation Info Notification of Hearings/Results Attend Court Proceedings Confidentiality and Anonymity Appeal Denial of Any Victim Rights Office of the Ohio Public Defender www.opd.ohio.gov

What Does That All Mean? Office of the Ohio Public Defender www.opd.ohio.gov

So What Happens Next? Office of the Ohio Public Defender www.opd.ohio.gov

Newly Passed Legislation Office of the Ohio Public Defender www.opd.ohio.gov

SB 1 • Fentanyl (Effective October 30, 2018) • Amount of fentanyl for F5 – F1 • Amount is based on entire weight • “Major drug offender” Spec • Additional mandatory prison of 3-8 years • No prison reduction – Judicial Release, Earned Credit, 80% release • Involuntary manslaughter runs consecutively Office of the Ohio Public Defender www.opd.ohio.gov

SB 66 • Sentencing Modification (Effective October 28, 2018) • Rehabilitation • Community control < 1 year • CBCF/Jail/Halfway house for CCV up to 6 months • Diversion for drug possession • M, F4, F5 • Expand eligibility for ILC • Sealing • Unlimited misdemeanors • 5 or fewer felony 4 and 5 Office of the Ohio Public Defender www.opd.ohio.gov

And more… • HB 95 – Distracted Driving Penalty (Effective Oct 28, 2018) • HB 336 – Reinstatement Fee Amnesty (Effective Nov 1, 2018) • HB 318 – School Resource Officer (Effective Nov 1, 2018) Office of the Ohio Public Defender www.opd.ohio.gov

Post-Release Control State v. Grimes , 151 Ohio St. 3d 19 Or How a Good Decision Can Go Wrong Office of the Ohio Public Defender www.opd.ohio.gov

State v. Grimes - 2017 Discretionary or Mandatory Duration of Post Release Control APA Will Administer and Potential Consequences Office of the Ohio Public Defender www.opd.ohio.gov

One Year Later Office of the Ohio Public Defender www.opd.ohio.gov

So Back to the Supremes? Office of the Ohio Public Defender www.opd.ohio.gov

Crimmigration Office of the Ohio Public Defender www.opd.ohio.gov

Padilla v. Kentucky, 559 U.S. 356 Jose Padilla Born in Honduras Immigrated to America Became Permanent Resident Charged with Trafficking Marijuana Office of the Ohio Public Defender www.opd.ohio.gov

Padilla’s Holding Immigration consequences are “ enmeshed” in the criminal process. “Deportation is an integral part— indeed, sometimes the most important part — of the penalty that may be imposed on noncitizen defendants who plead guilty to specified crimes.” Office of the Ohio Public Defender www.opd.ohio.gov

Three Padilla Mandates Advise about Negotiate Ask all clients immigration according to about citizenship consequences client’s priorities Office of the Ohio Public Defender www.opd.ohio.gov

Step 1 – Get a Guide Office of the Ohio Public Defender www.opd.ohio.gov

Step 2 – Get an Expert Immigrant Defense Project | 212.752.6422 | immdefense.org Office of the Ohio Public Defender www.opd.ohio.gov

Questions? Office of the Ohio Public Defender www.opd.ohio.gov