Effective March 22, 2019, Am.Sub.S.B. No. 201, otherwise known as the Reagan Tokes Act (RTA), enacted major changes in relation to first-degree and second-degree felonies by providing for indefinite sentencing in regard to such offenses occurring on or after the effective date. Now, two years later, prosecutors throughout the state are addressing cases having RTA sentencing implications. This presentation will review the formulas applicable under the RTA, will address best practices in the phrasing of “maximum penalty” advisements and joint recommendations, and will discuss the status of constitutional challenges to the RTA.
II. Indefinite Sentencing and Definite Sentencing Under Prior Law
III. RTA Applicability
IV. R.C. 2929.144 & RTA Formula for Single Sentence
V. R.C. 2929.144 & RTA Formula for Concurrent Sentences
VI. R.C. 2929.144 & RTA Formula for Consecutive Sentences
VII. Gun Specs & Other Specs
VIII. Mandatory Sentencing
IX. Presumptive Release & 5% to 15% Release
X. Best Practice – “Maximum Penalty” Advisement at Plea
XI. Best Practice – Joint Recommendation Phrasing
XII. Best Practice – Talking with Victims
XIII. Best Practice – Notice of Presumptive Sentence
XIV. Constitutionality, Conclusion, and Questions
|Reagan Tokes Webinar - Handout Materials (1.7 MB)||21 Pages||Available after Purchase|
Steven L. Taylor received a B.A. degree in 1983 from the University of Michigan. In 1986, he received a J.D. degree from the Ohio State University. He is a former law clerk for the Ohio Court of Appeals, Tenth Appellate District, and for Chief Justice Thomas J. Moyer of the Ohio Supreme Court. For many years, he served as an Assistant Prosecuting Attorney in the Appellate Division of the Franklin County Prosecutor’s Office and then as Chief Counsel of the Appellate Division, leading the in-house training in that office and frequently speaking on a wide variety of topics related to criminal law and procedure.
He currently serves as the Legal Research and Staff Counsel for the Ohio Prosecuting Attorneys Association.
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