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

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

Feb 15, 2024 285 likes •605 views

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.

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

Legislation, Litigation, & Crimmigration Or a Million Known Unknowns

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

  • Effective July 1, 2018
  • 48 TCAP Counties
  • MOU
  • R.C. 2929.34(B)

Targeting Community Alternatives to Prison (TCAP)

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

Targeting Community Alternatives to Prison (TCAP)

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

  • 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

Targeting Community Alternatives to Prison (TCAP)

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

House Bill 49 – Technical Violations

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

Technical Violation

  • r Non-Felony

For any F5 or Non-Violent F4 Prison Term 90 Days for F5 180 Days for F4

R.C. 2929.15(B)(1)(c)

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

What the Heck is a Technical Violation?

Clear as Mud…

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

  • Failure to Complete Treatment

Cuyahoga County State v. Catron-Wagner

  • Drinking/Positive Alcohol

Lake County State v. Pino

  • Heroine Overdose

Geauga County State v. Cozzone

  • Failure to Complete Treatment

Warren County State v. Davis

Early Litigation

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

  • No indication Legislature will modify

language.

Legislation?

  • Appeals
  • Habeas Petitions
  • Trial Court Motions

Litigation?

What Comes Next?

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

Marsy’s Law

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

Multi-State Political Process

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

What is Marsy’s Law?

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

Victimless Crime?

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

Victim Representative Receive Investigation Info Notification of Hearings/Results Attend Court Proceedings Confidentiality and Anonymity Appeal Denial of Any Victim Rights

So What is in Marsy’s Law?

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

What Does That All Mean?

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

So What Happens Next?

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

Newly Passed Legislation

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

  • 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

SB 1

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

  • 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

SB 66

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

  • 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)

And more…

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

State v. Grimes, 151 Ohio St. 3d 19 Or How a Good Decision Can Go Wrong

Post-Release Control

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

Discretionary or Mandatory Duration of Post Release Control APA Will Administer and Potential Consequences

State v. Grimes - 2017

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

One Year Later

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

So Back to the Supremes?

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

Crimmigration

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

Jose Padilla Born in Honduras Immigrated to America Became Permanent Resident Charged with Trafficking Marijuana

Padilla v. Kentucky, 559 U.S. 356

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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.”

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

Ask all clients about citizenship Advise about immigration consequences Negotiate according to client’s priorities

Three Padilla Mandates

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

Step 1 – Get a Guide

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

Step 2 – Get an Expert

Immigrant Defense Project | 212.752.6422 | immdefense.org

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

Questions?