Ohio Issue No. 1, Drug Treatment in Lieu of Incarceration Initiative (2002)

Ohio Issue No. 1
Election date November 5, 2002
Topic Law enforcement and State judiciary
Status Defeated
Type Initiated constitutional amendment	Origin Citizens

Ohio Issue No. 1 was on the ballot as an initiated constitutional amendment in Ohio on November 5, 2002. It was defeated.

A "yes" vote supported authorizing persons charged with or convicted of illegal possession or use of a drug to choose treatment in lieu of incarceration in certain circumstances.

A "no" vote opposed authorizing persons charged with or convicted of illegal possession or use of a drug to choose treatment in lieu of incarceration in certain circumstances.

Election results

Ohio Issue No. 1
Result		Votes	Percentage
Yes		1,012,682	33.08%
No		2,048,770	66.92%

Results are officially certified.

Source

Text of measure

Ballot title

The ballot title for Issue No. 1 was as follows:

“

To adopt Section 24 of Article IV of the Constitution of the State of Ohio In order to provide for persons charged with or convicted of illegal possession or use of a drug, in certain circumstances, to choose treatment instead of incarceration, to require the state to spend two hundred forty-seven million dollars ($247,000,000) over seven (7) fiscal years to pay for the drug treatment programs, to allow the applicable records of offenders who complete treatment instead of incarceration for illegal drug use and possession to be sealed and kept confidential for most purposes, and to limit the maximum sentence to ninety (90) days incarceration that eligible first-time, second-time, and certain repeat illegal drug possession or use offenders could serve, this amendment would: Require a court to order treatment instead of incarceration for first-time or second-time offenders charged with or convicted of illegal possession or use of a drug who request treatment, have not been convicted of or imprisoned for a violent felony within five years of committing the current offense, have not been sentenced to a term of incarceration that would interfere with participation in treatment, and in the same proceeding have not been convicted of or charged with other drug-related offenses or misdemeanors involving theft, violence or the threat of violence. Allow a court to order treatment instead of incarceration for eligible repeat offenders charged with or convicted of illegal possession or use of a drug who request treatment, and for offenders charged with or convicted of illegal possession or use of a drug who are also charged with or convicted of other nonviolent offenses resulting from drug abuse or addiction and who request treatment. Create a Substance Abuse Treatment Fund and require the state to spend a total of two hundred and forty-seven million dollars ($247,000,000) to pay for the treatment, breaking down to nineteen million dollars ($19,000,000) for the remainder of the 2003 fiscal year and thirty-eight million dollars ($38,000,000) annually through fiscal year 2009, in addition to requiring the state to maintain its current spending to fund existing substance abuse treatment programs through fiscal year 2009, and to require the state to continue to provide adequate resources for these purposes after fiscal year 2009. Limit the period of treatment a court may impose to not more than twelve (12) months, allow an extension of the treatment period for not more than six (6) more months, and allow court supervision of an offender for up to ninety (90) days after treatment. Limit the sentencing of first-time, second-time, and certain repeat offenders who are eligible for treatment but who either do not request treatment or do not meet the terms of the treatment to a maximum of ninety (90) days incarceration for illegal possession or use of a drug. Limit the authority of judges who place eligible offenders into treatment to remove those offenders from the programs. Require a court to dismiss legal proceedings against an offender without a finding of guilt if the offender completes the treatment. Allow an offender who successfully completes the treatment to have applicable records sealed and to have the conviction that prompted the request for treatment expunged, and require that the sealed or expunged records be kept confidential except for specified law enforcement and court related purposes. If adopted, provisions of this amendment related to funding for the remainder of fiscal year 2003 will be effective immediately; otherwise this amendment will be effective July 1, 2003, and will apply to all qualifying charges, convictions and criminal sentences pending before the court from that day forward. A majority yes vote is necessary for passage. SHALL THE PROPOSED AMENDMENT BE ADOPTED?

”

Path to the ballot

See also: Signature requirements for ballot measures in Ohio

An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.

In Ohio, the number of signatures required for an initiated constitutional amendment is equal to 10% of the votes cast in the last gubernatorial election. A simple majority vote is required for voter approval.

Ohio also requires initiative sponsors to submit 1,000 signatures with the initial petition application. Ohio has a signature distribution requirement, which requires that signatures be gathered from at least 44 of Ohio's 88 counties. Petitioners must gather signatures equal to a minimum of half the total required percentage of the gubernatorial vote in each of the 44 counties. Petitions are allowed to circulate for an indefinite period of time. Signatures are due 125 days prior to the general election that proponents want the initiative on.

See also

2002 Measures

• 2002 Measures
• Law enforcement on the ballot
• State judiciary on the ballot
• 2002 legislative sessions

Ohio

• Ohio ballot measures
• Ohio ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Cleveland State University Law Library, "Ohio Constitution - Law and History: Table of Proposed Amendments," June 2, 2023