Truth In Sentencing:

The Concept

September 18, 1995

On August 10, 1995, Governor George V. Voinovich signed into law the most far-reaching changes to Ohio's Criminal Code in over two decades. Senate Bill 2 (SB2) is a massive piece of legislation which revises all of Ohio's felony sentencing provisions. It provides for "truth in sentencing", offers greater protection for victims of crime, broadens discretion for trial judges in sentencing, limits appellate review of sentencing, and abolishes traditional "good time".

SB 2 is the first legislative product of the Ohio Sentencing Commission, a blue-ribbon committee of judges, prosecutors, law enforcement officials and defense attorneys, which has been meeting since February, 1991, to revamp sentencing procedures in Ohio. While other states have hastily drafted "three strike" statutes, the Ohio Sentencing Commission has carefully examined Ohio law and developed a plan that is tougher on repeat and violent offenders and yet is designed to reduce prison population growth by 10%.

A key part of the new law has been labeled "truth in sentencing", which eliminates time off for good behavior. Presently, it is common for a prisoner to have his minimum sentence reduced by up to one-third for "good time". Under SB 2, the time served in prison will generally be the term imposed by the judge in open court in front of the defendant, prosecutor, victim, witnesses, media and public. See chart below.

SB 2 takes effect July 1, 1996. In future issues, the particulars of this legislation will be developed so that law enforcement officials and concerned community leaders are equipped to handle the changes that lie ahead.

Sentencing Comparisons

Current Degree of Felony: Aggravated Felony, First Degree (with prior aggravated felony)
Current Statutory Sentence: 10,11,12,13,14 or 15 to 25 years
Reduced By Good Time & Days Credit: 6.8 to 10 years
SB2: Actual Prison Terms: {Felony, First Degree} 3,4,5,6,7,8,9 or 10 years

Current Degree of Felony: Aggravated Felony, First Degree
Current Statutory Sentence: 5,6,7,8,9 or 10 to 25 years
Reduced By Good Time & Days Credit: 3.7 to 6.8 years
SB2: Actual Prison Terms: {Felony, First Degree} 3,4,5,6,7,8,9 or 10 years

Current Degree of Felony: Felony, First Degree
Current Statutory Sentence: 4,5,6 or 7 to 25 years
Reduced By Good Time & Days Credit: 2.8 to 4.8 years
SB2: Actual Prison Terms: {Felony, First Degree} 3,4,5,6,7,8,9 or 10 years

Current Degree of Felony: Aggravated Felony, Second Degree (with prior aggravated felony)
Current Statutory Sentence: 8,9,10,11 or 12 to 15 years
Reduced By Good Time & Days Credit: 5.7 to 8 years
SB2: Actual Prison Terms: {Felony, Second Degree} 2,3,4,5,6,7 or 8 years

Current Degree of Felony: Aggravated Felony, Second Degree
Current Statutory Sentence: 3,4,5,6,7 or 8 to 15 years
Reduced By Good Time & Days Credit: 2 to 5.7 years
SB2: Actual Prison Terms: {Felony, Second Degree} 2,3,4,5,6,7 or 8 years

Current Degree of Felony: Felony, Second Degree
Current Statutory Sentence: 2,3,4 or 5 to 15 years
Reduced By Good Time & Days Credit: 1.7 to 3.7 years
SB2: Actual Prison Terms: {Felony, Second Degree} 2,3,4,5,6,7 or 8 years

Current Degree of Felony: Aggravated Felony, Third Degree (with prior aggravated felony)
Current Statutory Sentence: 5,6,7 or 8 to 10 years
Reduced By Good Time & Days Credit: 3.7 to 5.7 years
SB2: Actual Prison Terms: {Felony, Third Degree} 1,2,3,4 or 5 years

Current Degree of Felony: Aggravated Felony, Third Degree
Current Statutory Sentence: 2,3,4 or 5 to 10 years
Reduced By Good Time & Days Credit: 1.7 to 3.7 years
SB2: Actual Prison Terms: {Felony, Third Degree} 1,2,3,4 or 5 years

Current Degree of Felony: Felony, Third Degree
Current Statutory Sentence: 2,2.5,3 or 4 to 10 years
Reduced By Good Time & Days Credit: 1.7 to 2.8 years
SB2: Actual Prison Terms: {Felony, Third Degree} 1,2,3,4 or 5 years

Current Degree of Felony: Non-Violent Felony, Third Degree
Current Statutory Sentence: 12,18 or 24 months
Reduced By Good Time & Days Credit: 8,12 or 16 months
SB2: Actual Prison Terms: {Felony, Fourth Degree} 6 to 18 months

Current Degree of Felony: Felony, Fourth Degree
Current Statutory Sentence: 1.5,2,2.5 or 3 to 5 years
Reduced By Good Time & Days Credit: 1 to 2 years
SB2: Actual Prison Terms: {Felony, Fourth Degree} 6 to 18 months

Current Degree of Felony: Non-Violent Felony, Fourth Degree
Current Statutory Sentence: 6,12 or 18 months
Reduced By Good Time & Days Credit: 4 to 12 months
SB2: Actual Prison Terms: {Felony, Fifth Degree} 6 to 12 months


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