By Andrew Welsh-Huggins
The Associated Press
COLUMBUS - The OhioAdult Parole Authority must set inmates' release dates only according to the crimes they were convicted of, the Ohio Supreme Court ruled Wednesday. The decision could affect thousands of Ohio prisoners.
The court ruled in a 6-1 decision that the authority can no longer set release dates by charges that were never brought against inmates or that were brought and later dropped.
The decision affects inmates who were convicted of crimes before July 1, 1996, when Ohio's "truth-in-sentencing" law took effect. That law provides for definite sentences in most cases.
The Ohio Public Defender's Office said about 18,000 inmates were sentenced before the new law took effect, but it's unclear how many might actually have a claim.
Charles Clovis, an assistant state public defender, said his office has received at least 1,000 letters from inmates who said they were given release dates determined by charges they weren't convicted of.
The ruling will prevent the authority from "finding inmates guilty of crimes that they weren't convicted of in courts of law," Mr. Clovis said.
The Department of Rehabilitation and Correction was still studying the ruling but did not expect it to require a mass release of inmates, said spokeswoman Andrea Dean. The decision still recognizes the authority's discretion in considering several factors in setting release dates, Ms. Dean said.
In one of three cases reviewed by the court, Wiley Layne of Marion County was sentenced to two to 10 years in prison after he pleaded guilty to abduction in 1989.
He was repeatedly denied parole afterward, including in September 1998, under new parole guidelines established by the authority.
At that time, the parole board classified Mr. Layne as having committed kidnapping, a more serious crime than he was convicted of, according to Wednesday's court ruling. Under these guidelines, Mr. Layne would not be released until he served between 12‡ and 17‡ years in prison.
Mr. Layne, imprisoned in Lima Correctional Institution, sued in August 2000, arguing that the parole authority violated the terms of his plea bargain.
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