Read the newsletter here: http://bit.ly/32rHq9h
Read the newsletter here: http://bit.ly/2YvIsyS
A proposed Ohio House bill would bar the death penalty in cases where the convicted can prove he or she suffered from serious mental illness while committing the murder.
The proposal comes from a growing understanding about the role of mental illness in crime.
Today on All Sides, the intersection of mental health and criminal justice, and how some Ohioans are working to move people who are mentally ill from prison and into treatment.
- David Leland, Ohio Representative for District 22, co-sponsor of House Bill 136 and the ranking member on the Ohio House Criminal Justice Committee
- Evelyn Lundberg Stratton, Former Ohio Supreme Court Justice, Project Director for Ohio Stepping Up Initiative
- Michael Woody, CIT Coordinator for Ohio, former CIT international president, law enforcement liaison for the Criminal Justice Coordinating Center of Excellence, credited with starting first CIT program in Ohio
Posted by the Sentinel-Tribune, 7 June 2019
Each year there are an estimated 2 million people with serious mental illnesses admitted to U.S. jails, with almost three-quarters having co-occurring substance use disorders.
The toll incarceration takes on these individuals and their families, as well as the costs assumed by taxpayers, is staggering. Jails have become de facto in-patient psychiatric facilities across the nation with little impact on public safety. Ohio is no exception, with as many as 30 percent or more of the individuals in jail having mental illnesses.
Wood County has joined over 45 other Ohio counties in Stepping Up, a national initiative to reduce the number of people with mental illnesses in jails.
The kick-off will be held at Sam B’s Restaurant, 163 S. Main St., on June 20 from 11 a.m.-2 p.m.
To RSVP or for more information, contact the Wood County Alcohol, Drug Addiction and Mental Health Services Board by calling 419-352-8475 or email firstname.lastname@example.org no later than June 17.
The initiative was launched in May 2015 by the Council of State Governments Justice Center, the National Association of Counties and the American Psychiatric Association Foundation, with support from the U.S. Justice Department’s Bureau of Justice Assistance, to help people with mental illnesses and co-occurring substance use disorders safely stay out of jails and on a path to recovery.
An initial meeting of all county leadership — commissioners, judges, law enforcement, treatment community and hospitals — will feature the assistance and resources Stepping Up can offer and how to reverse this cycle of jails being the de facto hospital for those better cared for and treated in the community.
The Ohio effort is privately funded by Peg’s Foundation. To make this effort a success, Peg’s Foundation has retained retired Justice Evelyn Lundberg Stratton to serve as project director and Melissa Knopp, esquire, to serve as project manager to lead the Ohio efforts.
Newspaper article: http://bit.ly/2R2X1Hi
READ THE NEWSLETTER HERE: http://bit.ly/2QVoZ7C
Retired Ohio Supreme Court Justice Evelyn Lundberg Stratton consulted on a New Ohio Mental Health Bill passed by the Ohio House.
Ohio House passes bill banning executions of people with ‘serious mental illness’ during crime.
COLUMBUS, Ohio –Defendants could escape the death penalty if they suffer from schizophrenia, schizoaffective disorder, bipolar disorder and delusional disorder during the time of the crime, under a bill passed Wednesday in the Ohio House.
Ohio criminal law allows people to be found not guilty by reason of insanity. People can also be found incompetent to stand trial. HB 136 would apply when a person is too impaired to “exercise rational judgment” to conform to the law or appreciate the nature, consequences or wrongness of their conduct.
People can receive death sentences in Ohio if they’re convicted of aggravated murder.
Under HB 136, if a defendant’s “serious mental illness” at the time of the aggravated murder is challenged, the court can order an evaluation. If the person is ultimately found guilty of aggravated murder, they would be ineligible for the death penalty, assuming the evaluation showed they were seriously mentally ill during the crime.
Instead, the person would be sentenced to life in prison without parole.
Rep. Brett Hudson Hillyer, a Republican from Tuscarawas County and an attorney, is sponsoring the bill. He said that the legislation is the result of a 2014 task force that reviewed the state’s administration of the death penalty. He said HB 136 was drafted in consultation with former Ohio Supreme Court Justice Evelyn Lundberg Stratton.
Two U.S. Supreme Court cases found that juveniles and impaired people could be not executed due to “diminished mental capacity.” Hillyer said that serious mental illnesses diminish people’s capacity.
Hillyer said that Ohio law has a similar exception of the death penalty for juveniles and developmentally disabled people.
“This bill isn’t about guilt or innocence,” he said. “You can still be found guilty of the capital offense of aggravated murder.”
The bill is retroactive. People on death row can seek an evaluation about their mental health and have their sentence reduced to life without parole. It’s not immediately clear how much that will cost the state. Capital cases exceed the cost of life imprisonment cases of up to $1 million to $3 million per case, due to legal appeals required before the state executes someone. But a legislative fiscal analysis also evaluations will cost public defenders, county prosecutors and possibly the county sheriffs more money in paperwork and court motions.
There are 142 people on death row in Ohio.
The Ohio Prosecuting Attorneys Association opposed the bill for the past four years as overly broad. People with mental illness or developmental disabilities can already avoid the death penalty, and HB 136 is just for people “whose mental illness is so weak that they were unable to create reasonable doubt in the mind of even one single juror” that they were not guilty by reason of insanity, said the organization’s Executive Eirector Louis Tobin.
Ohio executions are on hold for now, as Gov. Mike DeWine and officials in the Ohio Department of Rehabilitation and Correction search for a new means to administer the death penalty. A federal magistrate in January ruled the old method of a three-drug cocktail was unconstitutional.
HB 136 now heads to the Ohio Senate for consideration.
Ohio Justice Patrick F. Fischer interviews former Justice Evelyn Lundberg Stratton in the fifth episode of “Reflections from the Bench.”
Justice Patrick F. Fischer: Hello. Joining me today is retired Ohio Supreme Court Justice Evelyn Lundberg Stratton. Welcome.
Former Justice Stratton: Thank you.
Justice Fischer: You were appointed in 1996 and you retired at the end of 2012? Why didn’t you run again?
Justice Stratton: I did three statewide races and two local races. I didn’t think I had it in me to do a fourth race. I had begun working on issues with mental health and criminal justice that really became my passion. I decided there’s a lot of people that want my job, but not a lot of people that want to work in this area. So it’s time to make a move.
Justice Fischer: So what are you doing these days?
Justice Stratton: I have kind of two diverse lives. I didn’t intend to practice law at all when I left. But some friends came calling and then some other friends, and then I met with the law firm Vorys, Sater, Seymour, and Pease LLP. I vetted them. Nobody left the firm. Secretaries didn’t leave the firm. They really cared about their people. It was a good atmosphere to work in and so I started just part-time. I don’t give them very many hours because that’s not why I left the bench. I’m basically an appellate coach. I try to make good lawyers better and I try to tell them how to write briefs that I wanted to read and argue cases I wanted to hear. So it’s been really fun to do that, but the rest of my work is around criminal justice, mental illness, veterans, and youth.
Justice Fischer: In fact, you do so much appellate work. You’re one of the best public lawyers in America.
Justice Stratton: Yes. I have very much behind the scenes. I’m not in the public eye at all.
Justice Fischer: Well, the other thing I found out from your time at Vorys (law firm) is you’re a member of their autonomous vehicle working group. Is that right?
Justice Stratton: That is actually something that I pushed for. My first major before I went to law school was nuclear physics. It’s a long story how I got to law. But anyhow, I have had the love of science fiction for all my life. I almost exclusively read that for pleasure and I’ve been fascinated by these issues. And then I started reading about it and autonomous vehicles are the wave of the future. Drones are here now. They’re being used everywhere in field inspections and bridge inspections. My son, who serves search warrants, and my son, who is a movie director, use them now instead of helicopters. So I went to the firm about a year and a half ago, and said, “We really need to get ahead of the curve. We need to develop a practice in this.” Law firms are not very entrepreneurial. It took a little while, but finally they got the fever and they put together an autonomous drones and autonomous vehicle drones section. We went out to the testing site over at Honda and I got to ride in one of those cars that automatically stops. When you don’t break yourself, it’s fascinating. So we’re really trying to develop that area. But it’s absolutely not related to anything else I do in my life, except that I think it is fun.
Justice Fischer: It was interesting that you would work on that area because I hadn’t heard of any law firm working on that area. Now, you were trial judge before the Supreme Court?
Justice Stratton: I was one of the very first women to try civil lawsuits. I was there, I think, (as) the first woman to try a civil lawsuit pregnant. (It was a) very interesting experience. I used it to my full advantage.
Justice Fischer: Did you win?
Justice Stratton: Oh sir, your honor, I really need to take a little break. I’m feeling faint. He was going way too long on the other side. Yes, shameless.
Justice Fischer: OK. You ever miss being on the Court?
Justice Stratton: No, I don’t. When I left the trial bench, I didn’t miss it. When I left the Supreme Court, I didn’t miss it. I had done that 16 years. As you know, it’s five feet of briefs every two weeks. If you get an extra week, you get an extra foot at that pile. I really became so passionate and interested in the mental health work. I thought it’s time for somebody else to do this job. I want to pursue that.
Justice Fischer: Let’s go back a little bit before trial or the Supreme Court. (You were) born in Thailand?
Justice Stratton: Yes.
Justice Fischer: (You) spent your childhood in South Vietnam and Malaysia. Missionary parents. What was it like? Do you remember anything about Vietnam during that time?
Justice Stratton: Very much so. I mean, I was there until the eighth grade. To me, it was my normal life. I didn’t know any different. But when I was born in Bangkok, it was very primitive in the little village we lived, which was eight hours away by train. So my mom came down by train a couple of days before just to have a good hospital in Bangkok that the Seventh Day Adventists ran. It’s a good thing she did because I was a breech (birth) and I had to be (delivered by) C-section. I would not be here if we had stayed in the little village. My dad came down by train the day before and fortunately was able to be there. But in those days, we didn’t have insurance. They actually wanted you to pay your bill before you left the hospital. And my parents, being missionaries, didn’t have much money. So, my dad sold a tape recorder that we had for the equivalent of 50 bucks and got me out of the hospital. So, I like to say that my life was worth 50 bucks at the time. So, I lived there for six years in that little village called Nong Kai. When we were six years old, we all were required to go to a mission-run boarding school which was at that time in South Vietnam. Our parents were not permitted to home school. So for nine months out of each year, I was at a mission-run boarding school with kids from other countries. My roommate was a Vietnamese kid, another was an Indonesian kid. We (were) all actually Americans. But we all had the culture that we were born and raised and so (it) was a very interesting mix. The Vietnam War became way too serious. The school had to evacuate. My dad had actually pulled me out the year before because I had braces and there was nowhere in Vietnam to (get treatment). So I lived with the mission family. When the school was evacuated and my dad was in charge, I joined up with the school in Bangkok for a year. But it was very primitive. We had taken over a thing called the American Club. We had little tiny rooms so they built triple decker bunks that could fit six of us in a room. They had lead shelters over the sidewalks. We went to school in our rubber shoes because of the flooding. Now you see where my school-funding vote may be going. But we had totally excellent, dedicated teachers who had come from America. So then, they moved the school to Malaysia because it was just too bad an environment in Bangkok. And we spent the last three years in the mountains of Malaysia in a beautiful setting for our school.
Justice Fischer: Do you think that experience affected you in any way when you’re on the Supreme Court?
Justice Stratton: Oh, absolutely. I grew up in countries that didn’t have freedom of press, freedom of religion, or democracy. (These are) things that we just so take for granted. I knew (they) were so precious. So, it helped me in my balancing act when we had this right versus that right, or this challenge versus that challenge. To have that experience and to say you know the things that make this country great are really important to keep strong. For example, our freedom of press, freedom of religion, freedom of speech (are important). Because once those things start eroding, then you get into the dictatorships that I grew up in.
Justice Fischer: You get back to the United States, you’re 18 years old, in college. Why did you go to law school?
Justice Stratton: It’s a funny story. As I said, I start off in nuclear physics. They dropped the program the year I started and it was an engineering college. It did not have other majors and I decided I didn’t want just physics or chemistry. Then, I realized I had this great heritage growing up overseas. So I made a 180-degree turn. I was going to go into the United Nations work and embassy work, the third-culture kid stuff. So I transferred to University of Florida and decided I wanted to major in international relations. Well, I met my former husband right before I transferred and his electrical engineering major would transfer to University of Florida. Well, along the way he was in a college, which was 90 percent men, and they said you shouldn’t be following her around. So he said if you want to marry me, you have to come back to Texas and go back to the school. It only had a two-person history department. But that was the only (school) my credits would transfer to. So I chose love over career and I moved back. Then (I thought) if he’s not going to follow me to Florida, he’s not following me to Thailand or overseas. So what do I do? I played the piano for a quartet that the school sponsored that tried to recruit kids to sing in churches and schools and stuff. My chaperone said, “You like to write and you like to act. Why don’t you become a lawyer?”
Justice Fischer: Act?
Justice Stratton: No save-the-world stuff. And somewhere concurrent because I still have this very religious side, (this) came the thought I want to be a judge. Now, I have no idea what a judge did. I never saw Perry Mason because we didn’t have TV until my last year of school. I saw one American show at night. I never saw a judge or a lawyer in Thailand that I was aware of, but it just seemed like something I should do with my life. So on the day I went to law school, I (said I) want to be a judge.
Justice Fischer: Wow. Just as I told you before, it was just the opposite (for me). How did you end up at Ohio State then?
Justice Stratton: Well, we were going to this college in Texas, but he was from Ohio. It was a private college and once he got married, his parents said, “you’re on your own,” which they should. We were financially unable to pay. So we moved back (to Ohio) and I had actually ended up going to Akron to finish my undergrad. Akron would accept you as a resident, if you’re married to one. OSU would not. So, then we moved down here because my first husband got a job at WTVN radio. He was in the radio business. So I went to law school down here because of that.
Justice Fischer: Did you enjoy law school?
Justice Stratton: I did.
Justice Fischer: Some do and some don’t.
Justice Stratton: I was married. So, I didn’t take it quite maybe as seriously as some who have no other life, which a lot of the law students did. But it was a reordering. I mean, I was a straight-A student in college. But when I got to law school, my first grade was 34 in contracts. I asked 34 out of 40? No, it’s 34 out of 100. I thought, what?! So you realize you’re with every other “A” student. So, I was not top of my class, but neither did I want law school to be my entire life. But I did ok.
Justice Fischer: Then what?
Justice Stratton: Then I couldn’t get a job. Nobody was hiring women at the time. I can tell you a whole lot of stories, but that is for another time and place. But I couldn’t get a job. I got a job as a law clerk. They couldn’t decide to hire me as an attorney. I finally got a job with a firm that did take a chance and hired me as an attorney, but then they couldn’t make me a partner. And things like that went on and, finally, I just tried never to burn bridges. I just tried to do the best I could. The very first firm I worked at several of the lawyers had left. They were doing the business litigation part and they wanted a new partner. And so six years later, they called me up out of the blue. It was at my firm that I was with one partner that didn’t want a woman. And so the whole thing was a big mess. They called me up and said, “We don’t know how to approach you on this, but are you interested in maybe talking about coming and joining us?” If I’d burn that bridge, maybe I wouldn’t have had that opportunity. So, I joined my new firm, which was Wesp, Osterkamp, and Stratton. They had no issues with discrimination anymore. I loved it and I was there until I ran for judge.
Justice Fischer: How long between passing the bar and running for judge?
Justice Stratton: I was in practice nine years. Now I’m a long-term planner. So I had a five-, 10-, 15-, 20-year goal. In 20 years, I wanted to be a judge. All the judges I knew were in their 50s and 60s. But because I was doing all these things in my methodical planning way to get there, I ended up getting a chance to run for judge. I ran against an incumbent. I wasn’t appointed, I ran. One woman and five men (were) on the Republican ticket.
Justice Fischer: In the primary?
Justice Stratton: No, it was in the general. I took out the incumbent and became a judge.
Justice Fischer: That’s hard to do, but I’ve done it and it’s not fun.
Justice Stratton: Well, I was 34. I was the youngest by 10 years. (I was) the only one with small children and the only woman. Yet, I had another whole series of interesting experiences.
Justice Fischer: OK, so you are a seven-year trial judge. Why run for the Supreme Court?
Justice Stratton: I didn’t plan to. I was going to the federal court. That was my next five-year game plan, 10-year game plan. You are appointed. You get more money. You don’t have to run again. So, I was headed in that direction in time to put everything in place for that. I got a call out of the blue that Justice Craig Wright was retiring and would I consider an appointment to that spot? I was like, Ok, I just met my second husband. I had not married him yet. My first husband left me six months after I was elected. So it’s like Pavlov’s response. Run for office, get elected, lose husband. I haven’t even married this guy yet. What do I do? I mean, I’ve just won election for a second time. I have a six-year term ahead of me, but I thought if you’re appointed, even though I was appointed in March and I had to run in November, I had not planned that route. I thought, wow, this seems like what the good Lord wants me to do. So I took a chance. I talked to my now-husband, I got married to him in September, and he said, “Go for it, absolutely. I’ll be behind you.” And he had never been married so he had no idea that a marriage consisted of your wife meeting some stranger driving around the counties for a day and coming home at midnight for a year and a half. And because he had no expectations, it ended up working out alright. But yeah. So I didn’t plan that route.
Justice Fischer: So you literally got married in the middle of the campaign?
Justice Stratton: Well, right before the campaign. But all the interviewing and stuff had already happened.
Justice Fischer: Well, share with us some of your best memories on the Court.
Justice Stratton: First of all, I had wonderful colleagues as you know and you get to have wonderful friendships. But (it was) also the campaigning process. I, frankly, was a person that loved campaigning because I love people. And I made so many friends and what I ended up doing is making the campaign. Well, you know as a justice, you’re boring as a campaigner. I can’t talk about a thing. I can’t give you my opinion on that or I won’t give you my opinion. With the mental health and criminal justice work, I could talk about it because it was the administration of justice, which you’re allowed to do. So every campaign speech was about that. Every campaign paid speech (was) about training police officers called crisis intervention teams. Because of that and because you give hundreds of speeches, you have a chance to really push the agenda. And that was really wonderful. And then I really enjoyed the legal process. I’ve seen other justices you’ve interviewed talk about this too. But when you’re a trial judge, you’re making decisions really quick and occasionally get appealed. But most of the time you don’t. And you have nobody else to bounce it off on most of time. On the Supreme Court, you have the luxury to think about it and hear other people’s opinions, and sometimes somebody will say something (such as), “Oh I never thought of that angle. And that’s really right.” Then, sometimes when you’re in the minority and you’re so frustrated because you can’t get that fourth vote for your viewpoint. So I really enjoyed that give-and-take process.
Justice Fischer: I have to say what I’ve learned, and you tell me if you believe this, is that that the time you have to think is so different than in practice.
Justice Stratton: Oh my God, yes.
Justice Fischer: Practitioners. I mean, when I was a practitioner, my client wanted to know right then. Do you think that makes us too slow in the judicial system, in terms of the modern way of everything has be done today?
Justice Stratton: I think that most judges should think faster and get their opinions out sooner because I think that there is way too much delay. It’s valuable to have the time to think, but when I was a trial judge, I ruled from the bench. I would go back (and) I would say, “OK, I’ll take it under advisement.” I go back and sit in my office just like a juror, and I would consider my decision. Then, I would go out on the bench the same day and give my opinion. Very few judges do that. But lawyers loved it because they got their opinion right away. It came from the judge rather than having to explain to your client why the judge ruled against him, and their parties are there. They can clear up any (issues) or when they say, “Your honor, you left this point out.” That’s how I practiced when I was a judge, and I was pretty prompt on getting my opinions out when I was on the bench.
Justice Fischer: Now, during your tenure there were four cases known as DeRolph and today still on the campaign circuit, we still get asked about DeRolph. Tell me your feelings about that.
Justice Stratton: DeRolph was an interesting mix that I think a lot of people don’t really understand. They all talk about it being about school funding. Well, school funding is not something that we, as judges, have the right to tell the legislature how to do. Do you take the funding from the program for pregnant women? Do you take the funding from the roads? It’s a balancing act. But when I looked at all of the evidence, 90 percent of the evidence we had was all about buildings and supplies. The teachers were pretty well paid compared to the national average. There was no complaints about the teacher pay. So the allocations that the schools made was to keep the teachers happy, keep them funded, probably because they had unions to deal with, and the buildings were just in disarray. The decisions that we made ended up in the school funding for the buildings project and everywhere I went when I started campaigning again after that you saw beautiful new buildings. So in my opinion what the case really focused on got fixed. The fundamental issue of how you fund them to me is not an issue a court should decide. It’s a policy decision because it involves so many factors to look at.
Justice Fischer: Now, on a somewhat serious, but also interesting note, tell me the story of Violet Moon.
Justice Stratton: My parents went out to Thailand in 1950. Now, my dad was a farmer from Minnesota, but he was one of five brothers that volunteered. He was one of the five that had to go to World War II. He went to World War II, he was stationed in New Hebrides Islands, he was a bomb demolition expert, and he became a Christian. He got to know some missionaries. So, he went to become a missionary. When he came back after the war, he went to a bible college in New York. That was a Christian and Missionary Alliance Bible College. My mother was raised in Long Island. She was very involved in the Salvation Army as a child and she worked in a Grumman air factory making airplane parts during the war, and then she decided she wanted to go to bible college. She was offered a supervisor position after the war, but she decided she wanted to follow her heart. So, they met at college and our mission required them to serve two years as pastor under the theory if you didn’t make it as a pastor, you weren’t going to make it as a missionary. So they sent them to a church in Prattville, Alabama. My dad made $50 a week.
Justice Fischer: It’s a lot different than Minnesota.
Justice Stratton: Oh my God, there was a culture shock for them. But the mission said, you had to raise $1,000 for your passage to Thailand, which was by boat then. That’s a lot of money on $50 so my mom just believed in prayer. She started praying, and one day a woman from Toledo, Ohio, sent her a check for $1,000. She had picked her from a list of candidates that their church had sent them from Canada to the mission field. She sent my parents this check for a $1,000, which gave them their passage to Thailand. They had no idea that their daughter would come back to Ohio. So that’s how they got to Thailand. So when I came back to America, eventually I ended up in Ohio, and went to the First Christian Missionary Alliance Church here in Ohio on Henderson Road. I did a lot of wills and estate planning for people in my church. I had a little lady named Ethel Morris that needed a will. So I did it for her and then she came in one day and she was very distraught. She said, “I have a sister named Violet Moon and she has this brain condition. She has to have surgery, but they’ve canceled her insurance, and we don’t know what we’re going to do.” So I said, “Well let me get into this.” I talked to the insurance company, the doctor, the hospital, and I found out that short-term memory loss was a true medical side effect of this brain condition. So, the insurance company agreed to reinstate her insurance. We paid the back premium. So we did and Violet was able to go forward and have her surgery. It was very successful. So, my mom and dad tend to stay in Florida on furloughs. They get a furlough once every five years. So, I got to see them once every five years once I came back to America. But they come up to visit and people of my church always wanted to meet my missionary parents. So, I called up Ethel because she was elderly. I said, “Can you get Violet Moon and come to church on Sunday because mom and dad are coming and they want to meet you?” So she called up Violet and said, “Eve Stratton’s parents are coming to church on Sunday. Would you go with me?” And she said, “Oh, I know a lot of missionaries. I love missionaries. What are their names?” Ethyl said, “Their names are Corrine and Elmer Sahlberg.” There was a pause, and then Violet said, “That’s very strange. Thirty-five years ago, my husband and I gave $,1000 so Corrine and Elmer Sahlberg can go to Thailand.”
Justice Fischer: That is just amazing.
Justice Stratton: So, I happen to think that’s why I’m here. That’s why I have this job. That’s why I have this mission. Because of that check.
Justice Fischer: That’s one of the great stories, at least to me, I’ve heard on all this because it just takes the whole thing full circle. It could not be just coincidence. I do want to know about the stampede girls’ goat-tying competition you won?
Justice Stratton: Well, as I said, I was at this college that was basically 90 percent men because it was engineering in those days. Not many women went into that field. I was studying nuclear physics there and it’s a Christian college. So instead of a dance, because a lot of Christians believe dance is evil, I was never allowed to dance. But I love to dance. So they had a rodeo instead. And because it was Texas ‒ where the college was ‒ that fit too. So I had all these events and they had just a couple for women, and they had the girls’ goat-tying a contest. But they couldn’t get enough women to join it. So they asked me and I’m thinking, “I’ve ridden elephants. I can handle a goat.” So what I had to do is run out, you have to chase it down, you have to throw it down. You tie three legs together and put your hands up. So, I never had practiced. I just did it. I went out, threw it down, tied the legs, and raised my hands. Apparently, I did it faster than anybody else. I have a little gold goat sitting in my office. I put that on my resumé on my second campaign. It was the most talked-about thing. None of the other accomplishments mattered one bit. But that goat tying, by golly, they talk about it. It’s a fun little thing.
Justice Fischer: Well, let’s change (the subject) a little bit further. What do you see as the biggest or newest trend emerging in the court system?
Justice Stratton: I think (it’s) the declining access to justice and the declining ability to try cases. I know it concerns the bar, as a whole. It concerns me because when I was a trial lawyer, I tried a case two or three times a month and now you’ll talk to lawyers, they’re lucky if they get one trial a year. But sometimes you need those trials. You need the jury to sort things out. You need that and settlements sometimes are forced on you, because (of) the economics, rather than it’s the right thing to do in the justice of it. So, I’m really concerned about that, and I’m really concerned that people who don’t have income and have means don’t have the ability to access justice. I know the Court’s doing an access-to-justice project, but there is a threat now to cut the funding again for legal aid and that’s an ongoing battle. Everybody needs legal representation and so I’m a big proponent that the bar association, the bar, and the lawyers have a ticket to a monopoly. Because of that, they have a duty to give back, and they have a duty to serve and a duty to do pro bono (work).
Justice Fischer: Is it more difficult to be a judge today than when you started as a judge?
Justice Stratton: I don’t know. It’s more difficult to be a Supreme Court justice because you have that public scrutiny that you don’t have as a trial judge. You’re also making policy decisions. So one side hates you, and the other side loves you. So, I think it’s much more difficult on that stage that you’re in now than it was as a trial judge. But overall, I don’t necessarily think so.
Justice Fischer: (You have may heard of) one of those letters to yourself. What would you write? If you knew now what you didn’t know then?
Justice Stratton: I don’t know that I would have changed anything. I’m pretty happy with the path my life took. I always have been trying to work less, but never succeeded. I don’t know that I would have ‒ if I told my younger self to do that ‒ it would have done any work because it’s not doing any good now.
Justice Fischer: It seems like you enjoy what you’re doing.
Justice Stratton: I love what I’m doing now.
Justice Fischer: When you’re not doing all that, I understand you paint.
Justice Stratton: Yes.
Justice Fischer: What type of painting?
Justice Stratton: I do a lot of realistic paintings. I have a picture in my office that’s of a leopard drinking water at night. I do a lot of sunsets. My husband calls it the dark period. (I paint) a lot of sunsets with different scenes. Yeah, I just have fun doing it.
Justice Fischer: Would you do your own portrait?
Justice Stratton: No, no I’m not good at (painting) people. I don’t paint people very well.
Justice Fischer: I also understand you’re a fly fisherman. Where do you fish?
Justice Stratton: My husband and I have fished all over. We’ve been in Costa Rica. We’ve been in Chile. We have a place now in Montana. We fish and we go out there into Michigan.
Justice Fischer: Yeah, your law clerks told me I need to ask you certain things. I don’t know if it’s your lack or greatness in driving directional prowess?
Justice Stratton: GPS is the world’s great invention, let me put it that way. I also discovered that somebody named my condition. (It was) one of the lawyers I was doing a case with recently and I love it. I’ve got directional dyslexia. I will turn left instead of right. I will end up in London instead of Logan. Yes, I’m pretty famous for that. Even now, I hire a friend of mine to drive me when I go around the state and to do the stepping up work on mental health. I have someone drive me because I’m dangerous.
Justice Fischer: The other thing they talked about is how you allowed them or gave a little push for them to get involved with projects. Why?
Justice Stratton: Because being a law clerk is a very isolated job, as you know. Just like being a justice, it’s a very isolated job. You just sit in your cubicle and read or sit at home and read. I thought it was important for their sense of value and self-worth for them to also be involved in things and I wanted to encourage them to do that. So, I did, yes.
Justice Fischer: Now in terms of serving on the Ohio Supreme Court, what do you want your legacy to be?
Justice Stratton: (I made) an opinion that was common sense-based, based in precedent in law, and hopefully got to the right, moral conclusion as well.
Justice Fischer: What advice would you have for a newly minted judge or attorney?
Justice Stratton: Well, I have a 10 tips for success I always give at speeches. Get off your iPod, get off your iPhone, reconnect with people, go to lunches, sit down, and talk to them, get to know them. I mean, I used to invite my opponents out to lunch when I was a young lawyer for that rule. I’d say, “I just want to get to know you because we’re fighting tooth and nail.” When you get to know them, you still fight hard for your client. But the nastiness is gone because now you know this person. So I think the Internet has been a blessing and a curse at the same time. I would get 40 or 50 emails a day. Before, you never would talk to somebody 40 or 50 times a day, or open 40 or 50 letters. But by the same token, it has cut down on the human interaction, which I think is very important. And for lawyers and judges, I mean judges should get out of their ivory tower. Go to bar association events. I know I am preaching to the choir here. You were heavily involved. But that’s important to keep you connected to real life.
Justice Fischer: Thank you for your time.
Justice Stratton: Glad you did this. And thank you for taking on this project.
PLEASE READ THE NEWSLETTER HERE: http://bit.ly/2VIDoKg
Ohio Stepping Up Initiative to Reduce Jail Incarceration
Stepping Up is a national initiative targeted at reducing the number of people with mental illnesses in jails.
Without change, large numbers of people with mental illnesses (many with co-occurring substance use disorders) will continue to cycle through the criminal justice system, often resulting in missed opportunities to link them to treatment, tragic outcomes, inefficient use of funding, and failure to improve public safety.
|The Ohio Department of Mental Health and Addiction Services (OhioMHAS) is collaborating with other leading organizations and local experts to support the common goal. |
The Stepping Up initiative engages a diverse group of organizations, including those representing sheriffs, jail administrators, judges, community corrections professionals, treatment providers, people with mental illnesses and their families, mental health and substance use program directors, and other stakeholders.
Through its Community Innovations grants, which began in 2014, OhioMHAS took action to help counties reduce the number of criminal offenders with untreated mental illness and/or substance use disorders who continually cycle through county jails.
Stepping Up Ohio
The Stepping Up initiative focuses on creating long-term movement to raise awareness of the factors contributing to the over-representation of people with mental illness in jails, and then using practices and strategies that work to drive those numbers down.
Ohio Stepping Up will advance counties’ efforts through additional components: 1) the Call to Action, and 2) a National Summit.
As part of the Call to Action, Ohio’s county elected officials are encouraged to work with other leaders, people with mental illnesses and their advocates, and other stakeholders to pass a resolution in support of Stepping Up and commit to the six Stepping Up action steps.
As of January 2019, 47 Ohio counties have passed resolutions in support of Stepping Up Ohio, and have become participants in the initiative.
Editor’s Note: In May 2008, Ohio Supreme Court Justice Evelyn Lundberg Stratton, Gary Sinise and several other distinguished Americans received the Ellis Island Medal of Honor at a ceremony in New York City.
Established in 1986 by the National Ethnic Coalition of Organizations, the Ellis Island Medals of Honor pay tribute to American citizens of diverse origins for their outstanding contributions to their communities, their nation and the world.
Ranking among the nation’s most prestigious awards, recipients are listed in the Congressional Record.
Published by The Daily Signal, May 6, 2019
Twenty-five years ago, Gary Sinise played the role of Lt. Dan Taylor in the blockbuster movie “Forrest Gump.” It transformed his acting career and changed his life. Today, Sinise is an outspoken advocate for America’s military veterans. He’s also the author of “Grateful American: A Journey from Self to Service.” Sinise recently spoke to The Daily Signal about the book, his acting career, and his passion for helping veterans.
Please read the entire interview at https://dailysign.al/2Vm8oiL
Note: The board of directors thanks Evelyn Stratton and Mike McCarthy for their leadership and steadfast commitment to serving Veterans. We are grateful!
|Jane Taylor, Board President |
Ms. Taylor retired as the Director for Pro Bono and Communications for the Ohio Legal Assistance Foundation. Prior to her employment with the Foundation she practiced law for 25 years at the Akron law firm of Guy, Lammert & Towne. In 1994, Ms. Taylor was elected the first female president of the Akron Bar Association and was president of the Ohio State Bar Association from 2005 to 2006. She holds a B.A. from Kent State University and a J.D. from the University of Akron School of Law. As a bar leader, Ms. Taylor’s signature issue was encouraging attorneys to provide more pro bono legal services to low income and disadvantaged individuals. She is the daughter, widow, and mother-in-law of Veterans.
|Robert Abdalla, Executive Director |
Prior to joining Operation Legal Help Ohio, Abdalla was with Reese Pyle Meyer PLL, practicing primarily as a civil litigator. He attended Ohio University, graduating summa cum laude, and earned a law degree from Vanderbilt University Law School.
He served as an infantryman in the U.S. Army from 2002-2007, deploying twice in support of Operation Iraqi Freedom. Early in his legal career, Robert served as an Equal Justice Works AmeriCorps Legal Fellow at Southeastern Ohio Legal Services, providing civil legal representation to homeless and low-income veterans. He joined Operation Legal Help Ohio because he believes in its mission.
“We ask a lot from our Veterans,” Robert says, “We ask that they endure the austerity of war, and then we expect them to pivot and transition to civilian life. As both a Veteran and an attorney, I appreciate that a Veteran’s unmet civil legal needs will prohibit him or her from succeeding as a civilian. When civil legal needs go unresolved, they often multiply and snowball. Too often Veterans are unemployed or homeless because they could not afford an attorney. These Veterans are our brothers and sisters – we owe them our best efforts.
In this webinar, attendees will learn about the three steps counties can take to accurately identify and collect data on people with mental illnesses in jails and the different ways counties are implementing these steps.
Link to Newsletter:
According to the National Stepping Up Initiative, in the U.S. approximately 2 million times each year, people who have serious mental illnesses are admitted to jails.
These individuals often don’t receive appropriate, or any, treatment, and, upon release, are at a higher risk of re-incarceration than those without mental illness.
Hamilton County Ohio Commissioners late last year voted to be part of the Stepping Up program to reduce the number of individuals incarcerated due to mental health issues.
Joining Cincinnati Edition to discuss the initiative are
Retired Ohio Supreme Court Justice and current attorney with Vorys, Sater, Seymour & Pease LLP, Evelyn Lundberg Stratton;
Hamilton County Board of Commissioners President Denise Driehaus;
Vice President of Mental Health and Addiction Services with the Hamilton County Mental Health and Recovery Services Board, Linda Gallagher; and
Central Clinic Behavioral Health Court Clinic attorney Gary Yuratovac.
Please follow this link to read the entire newsletter:
Editor’s note: Ohio Supreme Court Justice (ret.) Evelyn Lundberg Stratton was appointed by Ohio Governor Mike DeWine to be one of his advisers on the RecoveryOhio Advisory Council.
By Catherine Candisky
The Columbus Dispatch
Posted Mar 14, 2019
Gov. Mike DeWine said his budget plan will call for more services for Ohioans with mental health and substance abuse issues, addressing what he sees as “the state’s public health crisis.”
“We have to focus a lot on prevention and we’re making a serious effort in this budget to deal with prevention. You got to look at short-term, short-term is more money for crisis situations.
“It’s the biggest complaint we get as we travel around the state is the people who have a health crisis, people who have an addiction crisis, they need help now, and so putting more resources in diagnosing the problem, getting them initial help, you’ll see that in our budget. You’ll also see a significant amount of money in prevention, starting in kindergarten,” DeWine said.
The governor’s remarks came at a press conference Thursday to release a report from his RecoveryOhio Advisory Group, which includes 75 recommendations for addressing such issues as stigma, prevention, treatment and support services, and law enforcement. However, the recommendations did not come with a price tag.
“About 13 Ohioans die each day from unintentional drug overdoses; approximately five people tragically each day take their own lives,” DeWine said.
Article Link: http://bit.ly/2FbAkLC
Background: Ohio Stepping Up Initiative to Reduce Jail Incarceration
Stepping Up is a national initiative targeted at reducing the number of people with mental illnesses in jails. Without change, large numbers of people with mental illnesses (many with co-occurring substance use disorders) will continue to cycle through the criminal justice system, often resulting in missed opportunities to link them to treatment, tragic outcomes, inefficient use of funding, and failure to improve public safety.
The Ohio Department of Mental Health and Addiction Services (OhioMHAS) is collaborating with other leading organizations and local experts to support the common goal. The Stepping Up initiative engages a diverse group of organizations, including those representing sheriffs, jail administrators, judges, community corrections professionals, treatment providers, people with mental illnesses and their families, mental health and substance use program directors, and other stakeholders. Through its Community Innovations grants, which began in 2014, OhioMHAS took action to help counties reduce the number of criminal offenders with untreated mental illness and/or substance use disorders who continually cycle through county jails.
MARCH 2019 NEWSLETTER
|In This Issue:|
|A Message from Evelyn Stratton, Program Director|
Grants: Watch for Deadlines
Webinars and Online Training
News Stories, Tools and Resources
|A Message from Evelyn Stratton,Program Director|
|We are excited that our Advisory Council has completed its initial work in making recommendations for the report to the Governor. |
There was much agreement among the group regarding the necessary steps to be taken, and we are very proud of the work that we did together with the
We have included two news articles that share with you how our work
progressed. Download a copy of the RecoveryOhio Advisory Council’s Initial
Report here: https://bit.ly/2FnIrpL
To read the full newsletter, go to http://bit.ly/2TITQJk
Despite broad bipartisan support to reform the criminal justice system, members of the General Assembly are undermining their own stated goals by continuing to introduce legislation extending prison sentences for certain crimes, former Ohio Supreme Court Justice Evelyn Stratton said Friday.
“You have 93 bills introduced in the Legislature over the last two years for more time for their favorite crime. … There are several pending right now — more time for their favorite crime. Every one of those is the antithesis of what we want to do here,” Stratton told fellow members of the RecoveryOhio Advisory Council during the panel’s discussion on criminal justice and youth services at the Ohio Department of Public Safety’s offices in Columbus.
“We can send the message that the Legislature has to stop this,” Stratton said. “We have to say to them, ‘You have to do more in the tools for diversion.’ … Now, misdemeanors are sent for competency restoration. They are held for 30 or 60 or 90 days. They’re released with no treatment. They don’t get any treatment in the hospital beds. They sit there and they watch a TV show about law and order to teach them what the court system is. That’s the biggest waste of time, and we all agree on that. … If you know at the low level that they have an issue, put them right into treatment. Give us the legislative power to do that because it requires some legislative changes.”
Stratton, director of the Stepping Up Project in Ohio, said the Buckeye State is leading the country on a number of fronts on these issues, but sorely needs funding for crisis centers, housing and treatment.
“Give us the tools to fix it. And you — the Legislature, in your sentencing reform — stop criminalizing everything,” Stratton said. “We can’t keep adding mandatory sentences. The prison population keeps going up if you do that.”
Stratton said average (non-specialized docket) judges could use more education on best practices regarding mental health and addiction treatment.
“Our specialty dockets are really good about that because they have a team that gives them advice. Judges that don’t have a specialty docket don’t have that background or that understanding. We need a lot of help on that,” Stratton said, noting Ohio has the most specialty dockets in the country at approximately 280. “But they can only work if they’ve got the treatment options in that county. You can have a judge say, ‘I want them to go to treatment’ but if you don’t have that treatment provider in the county, if you don’t have that housing in the county, it’s not possible.”
She said there is currently unutilized money for specialty dockets in Ohio.
“We have a lot of funds unspent at the Office of Criminal Justice Services that courts have not applied for. We encourage more applications,” Stratton said, adding that the Ohio Department of Mental Health and Addiction Services also has funding available for additional probation officers.
In addition to courts and the judicial system, the advisory council discussed the following topics on criminal justice: intervention and first interactions with police; jail and reentry; prison and reintegration; and probation and parole.
On the first category, members suggested carrying out intercept mapping and making sure those maps are distributed and used by policymakers. They also suggested at least some crisis intervention training for police officers during basic training, so they are better equipped to deal with people that have mental health and addiction issues. Portsmouth Police Chief Robert Ware said this training helps police officers avoid using force during the encounter, which improves the interaction for everyone.
On jail and reentry, members noted that inmates often cannot access medication to help with detox and often can’t receive anti-psychotic medication. When addicted inmates are suffering from withdrawal symptoms or not receiving their medication for their mental illness, it often results in them acting out and compounding their legal problems, members said. Other members also said it’s important to educate inmates on their drug tolerance levels before they leave jail, as many overdose right after getting out.
On prison and reintegration, members said more public health supports are needed. Former Gov. Ted Strickland said the state needs facilities “somewhere between” a prison and a hospital. Ware agreed, saying police would like to have someplace besides prison or the hospital to take addicts.
On probation and parole, members said too many individuals are going to prison for violations, undermining the purpose of having those systems in the first place. Another issue is the lack of housing for people using medication-assisted treatment and anti-psychotic medications.
The council had a more brief conversation on youth issues, which will be continued during the next meeting on Wednesday, Feb. 20.
LeeAnne Cornyn, director of children’s initiatives in Gov. Mike DeWine’s office, told members that her office will be focused on improving programs on the first few years of development, early childhood education, foster care, mental health support and prevention education, among other items.
Teresa Lampl, associate director at the Ohio Council of Behavioral Health and Family Services Providers, said her organization is witnessing custody relinquishments because people are trying to access drug treatment.
“That should be a ‘never’ event. We talk about ‘never’ events in hospitals,” she said.
Lampl also said that children involved in multiple systems are often sliding between the cracks.
“The elephant in the room for this group is the kids on the autism spectrum who have co-occurring mental illnesses or substance-using as a treatment. We do not have systems prepared to deal with that,” Lampl said. “If you are an aggressive youth, there is no bed for you. We’re sending kids out of state because we don’t have the ability. …
“We’re seeing more and more aggressive youth, and we need systems that are able to respond. We had a Joint Legislative Committee on Multi-System Youth that actually had some good recommendations, but those recommendations haven’t been acted on,” she continued. (See The Hannah Report, 6/29/16.) “We have a tsunami of kids coming that are going to need that level of support and we are not prepared to deal with them. We keep pointing fingers as to who is responsible, and the reality is that we’re all responsible.”
Story originally published in The Hannah Report on February 15, 2019. Copyright 2019 Hannah News Service, Inc.
Editor’s note: Ohio Supreme Court Justice (ret.) Evelyn Lundberg Stratton was appointed by Ohio Governor Mike DeWine to be one of his advisers on the RecoveryOhio Advisory Council.
Download a copy of the RecoveryOhio Advisory Council’s Initial Report here: https://bit.ly/2FnIrpL
(COLUMBUS, Ohio)— Ohio Governor Mike DeWine today released the RecoveryOhio Advisory Council’s Initial Report that makes recommendations on how to improve prevention, treatment, and recovery support efforts that address the state’s public health crisis – mental health and substance use.
“Far too many Ohioans have died and too many continue to struggle with mental health and substance use disorders. The recommendations, offered by the RecoveryOhio Advisory Council provide a framework for a new system of prevention, treatment, and support that we will work to implement,” said Governor DeWine. “Ohio should be a state that is a national model for prevention, offers top-notch treatment services, and supports recovery and well-being. Investing in streamlining and improving what we as a state are doing to prevent, treat, and encourage recovery, is truly an investment in Ohio’s future.”
Governor DeWine created the Recovery Ohio initiative and the RecoveryOhio Advisory Council to coordinate and improve how the state addresses mental health and substance use disorders. The Advisory Council includes a diverse group of individuals who have worked to address mental illness or substance use issues in prevention, treatment, advocacy, or support services; government; private industry; law enforcement; healthcare; learning institutions; and faith organizations.
The Council issued more than 70 recommendations in the areas of stigma, parity, workforce development, prevention, harm reduction, treatment and recovery supports, and data and outcomes measurement. The Council considered the needs of all Ohioans; however, two specialty populations were highlighted because of their unique needs – children and adults involved in the criminal justice system.
A partial list of recommendations is below:
- Establish statewide prevention coordination with all state departments and agencies to ensure best practices, consistent messaging, technical assistance, and delivery of prevention services across multiple domains.
- Commission a statewide campaign to address stigma against people with mental illness and substance use disorders.
- Ensure that each patient’s needs and treatment recommendations are determined by a qualified clinical professional and promote insurance coverage of medically-necessary services identified by quality clinical care providers.
- Review and create a comprehensive plan for safe, affordable, and quality housing that will meet the needs of individuals with mental health and substance use disorders and would include supported housing options, transitional housing, recovery housing, adult care facilities, and short-term stabilization options.
Members of the Advisory Council will continue to meet to form actionable and scalable solutions to address these recommendations
Governor DeWine News Release: http://bit.ly/2FdTsZm
The RecoveryOhio Advisory Council released its initial report Thursday, just under two months since members were named (see The Hannah Report, 1/18/19), and Gov. Mike DeWine said many of the report’s 75 recommendations will be reflected in the budget released Friday morning and represent a “blueprint” for his office and the Legislature.
“Ohio’s in the midst of a public health crisis” regarding mental health and addiction, DeWine said, citing Ohio Department of Health (ODH) statistics showing around 13 overdose deaths and five suicides each day.
Creating the RecoveryOhio initiative was his first act as governor, he noted, and it will coordinate work among departments, boards and commissioners to “act aggressively” in responding to the crisis. The 75 recommendations are “critical steps in addressing the needs of Ohioans” and will be a framework for actions over the next four years, DeWine said.
They include a public education campaign to reduce stigma that keeps Ohioans from seeking treatment, prevention coordination to ensure efforts reach Ohioans of all ages, expansion of crisis services and increased resources for children.
“You’ll see many of these recommendations reflected in our proposals,” DeWine said. “These recommendations, along with the investments we are making in our budget proposal, represent a responsible investment in Ohioans that will yield returns for generations.”
Beyond saying there would be “a lot” of focus on prevention, “significant assistance” to Alcohol, Drug Addiction and Mental Health (ADAMH) boards and funds for short-term solutions to help those in crisis, DeWine did not offer new information on specific numbers, saying that will have to wait until Friday. He did say the overall budget would be “a very conservative budget in the sense that we’re investing.”
“I think that it’s a conservative thing to invest in our future, invest in our kids (and) invest in our infrastructure, and that’s really going to be the emphasis of the budget we unveil tomorrow,” DeWine said. His administration has already provided information on some aspects of the budget. (See separate story, this issue.)
A release from DeWine’s office said the recommendations included:
– Establishing statewide prevention coordination with all state departments and agencies to ensure best practices, consistent messaging, technical assistance and delivery of prevention services
– Commissioning a statewide campaign to address stigma
– Ensuring that each patient’s needs and treatment recommendations are determined by a qualified clinical professional and promote insurance coverage
– Reviewing and creating a comprehensive plan for safe, affordable and quality housing that meets the needs of individuals with mental health and substance use disorders
The plan was also lauded by members of the advisory council during the press conference, including Terry Russell of the National Alliance on Mental Illness of Ohio; Cheri Walter of the Ohio Association of County Behavioral Health Authorities; and Marcie Seidel of the Prevention Action Alliance.
Russell said that “hope is restarted” for those living with these illnesses and their families, saying that the actions recommended will “literally save lives.” He also noted the section on children stood out in the report, saying they can “once and for all” recognize the need to break the cycle of neglect. The recommendations will also save millions spent on law enforcement, who he said act as the “quasi-mental health system.”
Walter praised the plan for focusing on people, including those in recovery, rather than bureaucracy, as many strategic plans do. Mental illness and addiction affect “every sector” of society, Walter said, and so she’s been honored to represent local ADAMH boards on the council as it will fall to local leaders to bring people together and implement that plan locally where “the rubber hits the road.”
Seidel said the report “embraces the full continuum of care, and it moves through the entire spectrum of prevention, intervention, treatment, recovery and aftercare help.” Prevention is too often forgotten due to efforts to provide immediate support to those dealing with addiction, but studies have found every dollar spent on science- and evidence-based prevention practices saves $18, she said.
Teresa Lampl, an advisory council member representing the Ohio Council of Behavioral Health and Family Service Providers, also responded in a press release. Her organization praised DeWine’s “bold vision, laser focus and long overdue investments in crisis stabilization services, specialty docket courts and child welfare services to help children and families impacted by addiction and mental illness.”
DeWine said Tuesday that his budget would include $7.5 million in funding for an additional 30 specialty courts in FY20-21. (See The Hannah Report, 3/12/19.)
Lamp said the report “provides a comprehensive set of actionable strategies that address everything from insurance parity, stigma reduction, behavioral health workforce development and establishment of a full continuum of prevention, treatment and recovery services necessary to help children and families access the care they need, when they need it and where they live.”
Story originally published in The Hannah Report on March 14, 2019. Copyright 2019 Hannah News Service, Inc.
Akron Beacon Journal/Ohio.com
February 20, 2019
As a Justice on the Ohio Supreme Court, I became very interested in juvenile justice issues, even though, as a former trial judge, I had never had a juvenile docket. I started the Advisory Committee on Mental Illness and Criminal Justice, and we had a very active juvenile justice subcommittee. I also joined a national effort to work on juvenile justice reform. Ohio was part of that work, and we succeeded in passing significant legislative reforms in Ohio.
Ohio has long been a leader in juvenile justice reform. RECLAIM was a highly successful funding method to redirect monies to local courts and communities if youth were treated in a local setting rather than sent to detention through the Department of Youth Services.
As a result of the efforts of many partners and collaborators, Ohio reduced its population of juveniles in the youth prison system from a high of 2,600 to a low today of 543, even leading to the closure of unneeded facilities. However, one group was left behind, a group that almost no state or national efforts focused on: youth people, ages 14 to 17, bound over to the adult system.
“The forgotten ones,” I called them. Once they “aged” out of the juvenile system and turned 18, they were automatically sent to adult prisons all over Ohio. Yet in 2013, 60 percent had sentences of 5 years or less and would be released unprepared to survive in the outside world.
There was plenty of research on the horrible outcomes of kids in adult prisons, including high levels of victimization and physical and sexual assault, unmet serious mental health needs, unique and unaddressed educational needs. Also, the research showed that a youth’s brain and maturity continued to develop until age 25.
I tried to interest some of the national funders we were working with on this matter, even taking them to visit the youth prison. I didn’t get any takers, but proudly, I can say that the state Department of Rehabilitation and Correction, under the leadership of former director Gary Mohr, decided Ohio would act on its own. His staff worked with me and several committed child advocates.
The state located new facilities for these young people where their needs could be better met. All were moved to Orient Correctional Reception Center, and we created Unit 1 and Unit 2 of the Correctional Reception Center Juvenile Unit, the Youth in Adult Prison (YAP) Program.
Unit 1 is for the 14- to 17-year-olds. If appropriate, upon turning 18, they move across the hall to Unit 2. The Federal Prison Rape Elimination Act requires “sight and sound” separation for sleeping and other matters for those under 17, but the law allows combined supervised training and programming, so these youth can continue their education.
Our advocates worked on youth specific programming with the new staff, who were excited and energized to receive these kids. The Department of Youth Services conducted joint training of their staff and guards. The staff added mental health counselors, developed many youth-centered programs, increased the family involvement, engaged community and peer mentors, taught life and financial managements skills, even added a program to train the kids to assemble bikes from kits for other children. I could not be more proud of what the staff has done.
There are thousands of kids who go into prison as adults. Some start in the juvenile system but after age 18 go directly to adult prison. Many of them get out in a year or less, totally unprepared to survive in the adult world.
Because the Reception Center is a clearinghouse for incoming prisoners to be assigned to their respective facilities, I still have a goal to pull out the appropriate kids, ages 18 and 19, and put them in Unit 2 or a similar facility with youth-centered services. This would make available to them these wonderful programs, so they leave prepared to face the world and not return to prison. I see signs of some new traction on this goal and look forward to working with Gov. Mike DeWine, the Department of Rehabilitation and Correction and the Youth in Adult Prison Program to make the second group no longer a forgotten population as well.
Stratton is a former justice of the Ohio Supreme Court
Link to article: http://bit.ly/2E6g11y