Guest Column: Issue 1 Would Make our Community Less Safe (Political)
County Prosecutor Urges Voters to Say 'NO'
"Issue 1 would serve to hinder the prosecution of drug traffickers; reduce sentences for violent offenders already in prison; and create loopholes that would make it nearly impossible to protect crime victims and the general public." – Jim Flaiz
On the Nov. 6 ballot, voters will be presented with the opportunity to vote on Issue 1, a proposed constitutional amendment to the Ohio Constitution that is entitled the “Neighborhood Safety, Drug Treatment, and Rehabilitation Amendment.”
The title is misleading, as adoption of this amendment would actually reduce neighborhood safety and would offer no incentives to those suffering from addiction to enter treatment and work toward rehabilitation.
Issue 1 would serve to hinder the prosecution of drug traffickers; reduce sentences for violent offenders already in prison; and create loopholes that would make it nearly impossible to protect crime victims and the general public.
Central to Issue 1 is the elimination of all fourth- and fifth-degree felony drug possession offenses. The proposal would mandate that any such offenses currently on the books would have to be reclassified as misdemeanors.
In addition, courts would be prohibited from imposing jail time on those convicted of drug possession offenses until an offender committed a third such offense within a 24-month period. This would virtually eliminate drug courts. Without the potential for jail, an addict would have no incentive to do any drug rehabilitation.
The amendment would apply to situations where evidence indicates trafficking, but might not fit the elements for a trafficking charge. This would make it much more difficult to prosecute drug dealers.
For example, currently a person can possess less than 20 grams of fentanyl and be charged with a felony of the fourth degree. That amount of fentanyl is enough to kill approximately 10,000 people, as the U.S. Drug Enforcement Agency states that it takes only 2 milligrams of fentanyl to cause death. However, under the provisions of Issue 1, a person in possession of this amount of fentanyl could only be charged with a misdemeanor with no possibility of incarceration.
Passage of Issue 1 would also allow inmates currently serving prison sentences for violent crimes like attempted murder and sex offenses like sexual battery to reduce their prison sentences by up to 25 percent.
For example, if Issue 1 passes, an individual serving a 20-year sentence for attempting to murder police officers with a gun would instantly be able to walk out of prison five years early so long as they participate in some “educational” programming while in prison. This change would apply retroactively and could result in thousands of convicted felons currently serving prison sentences being released to our streets.
Issue 1 only exempts from this provision murder, rape and child molestation, so it would allow the early release for many types of violent offenders including individuals convicted of armed robbery, human trafficking, aggravated arson, kidnapping and attempted murder.
Despite the claims by Issue 1’s out-of-state financial backers, passage of Issue 1 would result in less drug addicts in treatment.
The criminal justice system is an essential component to recovery. One of the reasons the opioid crisis has had such an impact is because the addiction to drugs like heroin is so strong. Heroin addicts virtually never seek out treatment on their own. Most of these addicts in treatment are participating because they have gone through diversion programs in the criminal justice system or drug courts.
Police, prosecutors and judges are not out there seeking to lock up those addicted to drugs. What those in the criminal justice system are doing is using all of our resources, including the threat to incarceration, to help people break the cycle of addiction that is damaging themselves, their families and our community. Issue 1 would take all of those options away and lead to more addiction, less treatment and more overdoses.
If Issue 1 passes, its flaws and the problems that would follow would be permanently etched into our constitution. Your elected state legislators would be powerless to fix all of the problems that would be caused by Issue 1.
The criminal justice system in Ohio already is making great strides in appropriately balancing punishment and treatment for those offenders dealing with substance abuse issues. Issue 1 would undo all of the progress that has been made, and law-abiding citizens would suffer as a result.
I urge everyone to vote NO on Issue 1.
James R. Flaiz
Geauga County Prosecutor
Flaiz has served a Geauga County Prosecutor since 2013.
