State Sen. John Eklund, R-Munson Township, issued the following statement (bolding included) Monday night regarding Senate Bill 272 and House Bill 521:
I have received many comments, electronically, by phone and otherwise, concerning two bills pending in the General Assembly – HB 521 and SB 272. Many of them are opposed to the bills; others seek information about what they really mean; still others express anger that I would be associated with either of them. Many reflect a misunderstanding of what the Bills would do, if passed. I want to set the record straight on all counts.
Either Bill, if passed, would not grant freedom to T.J. Lane, I would never allow that to happen, and anyone who thinks otherwise doesn’t know me, my record or my love for our community. If passed, the Bills would only allow for a probation hearing for juvenile offenders serving extended sentences (more than 15 years).
I did not conceive or write either bill; that was done by the Ohio Criminal Sentencing Commission, a body under the direction of the Ohio Supreme Court. The Commission overwhelmingly approved the bills as part of its efforts to reform juvenile criminal justice. Ohio has been a national leader in this area, resulting in demonstrated cost savings and improved outcomes for youthful offenders.
The Commission asked me to sponsor its bill in the Ohio Senate. I agreed to do so for two reasons. First, as Chairman of the Senate Criminal Justice Committee and a sponsor of the bill, I knew I would be in the best position possible to control the timing and content of any legislation that came out of the process. Second, as a Geauga County resident for 35 years with intimate ties to the community and the Chardon Schools, I felt I was the best person in the Senate to make sure that any law that resulted from the Bill would appropriately take into account the sensibilities and concerns of Geauga’s residents, the victims of February 27, 2012 and their families.
That strategy has worked. The Senate Bill has not moved because I have not asked for any substantive hearings on it. The House Bill was amended after negotiations with the Ohio Prosecuting Attorneys Association, and passed, without any opposition testimony from anyone from Geauga County. Now it needs to be considered by the Ohio Senate, and it was assigned to the Committee that I Chair. We have held hearings because juvenile justice reform is an important and humane issue that I believe merits the legislature’s serious attention.
We have heard testimony from supporters of the House Bill. On November 30, we heard testimony from opponents of the House bill, including Prosecutor Jim Flaiz and Dina Parmertor, for which I am thankful. And, of course, I have heard from many of you. The Committee has heard for themselves what I have known all along: Unless the bill is amended it would disserve justice for our community, our victims, and their families.
Now that the Committee is fully aware of the impact on Greater Chardon, I have prepared an amendment to the House Bill to exclude from its application any juvenile offender who has pleaded to, or been found guilty of, aggravated murder. If the Bill as amended passes, it would have no effect on T.J. Lane.
As I write this, there are 5 days remaining in this General Assembly. The likelihood that House Bill 521, even as amended, will pass out of my Committee and the entire Senate in that short a time is slim. Many issues remain in dispute. But the important thing for everyone to know is that the process of legislating – the exchange of ideas and the exercise of restraint where necessary – has worked in this case. I knew, and am gratified to have heard, what your voices say. As a Christian, I believe in the possibility of redemption. As a Geaugan, I share your pain. As your Senator, I respect your views and sensitivities, and will always try my best to appropriately reconcile both.
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In addition, Sen. Eklund provided the following explanation in a separate email regarding the differences between the two bills and why the senate version was written to grant a parole hearing at age 40 while the house version requires a juveniles sentenced to life without parole a hearing after serving 35 years in prison:
The House Bill originally was identical to the Senate version. It was amended in the House (from age 40 to 35 years) through negotiations with the Ohio County Prosecutors’ Association which led them to “accept HB 521 as passed by the House” (as they testified in my committee hearings on HB 521). The Senate Bill was not amended like that because I did not call for substantive hearings on the Senate version of the Bill.
The Ohio Sentencing Commission’s original idea was to provide a hearing reasonably before the inmate died in prison. Statistics show that the average life expectancy for long-term prisoners in Ohio is about 58 years of age. Under the House Bill, as amended, a juvenile entering the system at 18 would be 53 before being eligible for a hearing – not much life left on average. A reasonable compromise to some, but not enough for me to move the House Bill in my committee since it still did not address the T.J. Lane situation.