On March 22, 2019, the Reagan Tokes Law took effect in Ohio. This law adds potential additional time to the most serious offenses, but that extra time can be scaled back by a parole board. In other words, indefinite sentencing is back in Ohio.
Offenses That Qualify For Indefinite Sentencing
First Degree Felonies and Second Degree Felony Offenses committed after March 22, 2019, that are not subject to life imprisonment, are now subject to indefinite sentencing.
The following felony offenses are not subject to indefinite sentencing:
- Offenses committed prior to March 22, 2019.
- Offenses punishable by life in prison.
- Third Degree Felonies.
- Fourth Degree Felonies.
- Fifth Degree Felonies.
This law does not affect misdemeanor sentencing laws.
How Does The Reagan Tokes Law Work?
The judge selects the minimum term from the current range:
- First Degree Felonies: 3, 4, 5, 6, 7, 8, 9, 10 or 11 years..
- Second Degree Felonies: 2, 3, 4, 5, 6, 7, or 8 years.
That first number becomes the minimum sentence. The maximum sentence will be one-half of the stated prison term. If the judge selects 4 years, the range will be 4 to 6 years. If the judge selects 8 years, the range will be 8 to 12 years.
If the sentences are concurrent (run together), the indefinite portion is one-half of the longest minimum prison term selected. For example, if there are four offenses and the judge sentences the individual to concurrent terms of 2 years on one offense, 4 years on the second, 6 years on the third and 8 years on the fourth, the minimum term is 8 years and the maximum term is 12 years.
If the sentences are consecutive (added together), all offenses must be added to one another to make up the minimum term and the maximum term will be one-half of the minimum term from the most serious offense. For example, if there are four offenses and the judge sentences the individual to consecutive terms of 2 years on one offense, 4 years on the second, 6 years on the third and 8 years on the fourth, the minimum term is 20 years and the maximum term is 24 years if the 8 year prison term is the most serious offense. If the 6 year prison term is the most serious offense, the minimum term is 20 years and the maximum term is 23 years.
Attorney Daniel Gigiano. Aggressive. Knowledgeable. Experienced.
Attorney Daniel Gigiano has practiced criminal law since 1993 and has been licensed to practice law in Ohio since 1999. In 2002, he started his current firm, Daniel F. Gigiano Co., L.P.A., where he regularly defends individuals in criminal and juvenile cases. Attorney Daniel Gigiano’s office is located in downtown Wadsworth, Medina County, Ohio, and he can be reached at 330-336-3330.