Currently, Ohio's legislative and administrative schemes dealing with employment are unduly punitive toward convicted felons. This article suggests an alternative approach to achieve the same legitimate purposes that the current scheme purports to serve. The first part of the article is a general discussion of collateral consequences. The second part discusses the manner in which collateral consequences can be imposed to achieve inappropriate results and describes the ABA's recent Criminal Justice Standards on collateral consequences as a method to avoid inappropriate results. The third part evaluates Ohio's efforts to return prisoners to communities following conviction and the effect that current collateral employment consequences have on that effort. This part also discusses Ohio's current reform efforts with respect to collateral employment consequences. This article concludes that Ohio's current collateral employment consequences are unduly punitive in nature, that its reform efforts are insufficient to reduce recidivism, and that it should alter its legislative and regulatory approach to mirror the standards provided by the ABA.
Freisthler, Marlaina and Godsey, Mark A., "Going Home to Stay: A Review of Collateral Consequences of Conviction, Post-Incarceration Employment, and Recidivism in Ohio" (2005). Faculty Articles and Other Publications. 86.