Among many other things, the bill would require the Ohio Department of Rehabilitation and Corrections to implement reforms, one of which calls for "the elimination of all higher education programs at high security state correctional institutions." This leaves it up to ODRC to define specific policy.
Sponsors Reps. Mark Johnson, R-Chillicothe, and Phil Plummer, R-Butler Twp., told this outlet that the provision is aimed at Ohio prisons designated as a Level 3 or higher under the ODRC’s scale, which lists facilities from Level 1 through Level 4, with the addition of specialized Level E and death row distinctions. Nearly every prison in Ohio holds more than one distinction.
In an interview with this outlet, Johnson characterized this educational cutoff as a needed incentive to encourage prisoners to behave, as every prisoner gets an opportunity to drop down a level if a yearly behavioral review comes up clean. He hopes the bill, if enacted, would cut down on drug trafficking and behavioral issues in Ohio’s prison system.
“The premise of this bill is to try to get the drugs out of our prison, reward good behavior, and if you behave and you learn to be a man and behave yourself, you can be reduced down to a Level 2 prison,” Johnson said. “At Level 2, you get all these benefits, you get your tablet back, you get your higher education, and so forth.”
Johnson said the actual success rate of Level 3 and Level 4 prisoners in education programs is very low.
“The vast majority don’t even stay in class,” said Johnson, who told this outlet he’s spoken with many correctional officers and wardens on the condition of granting them anonymity throughout the legislative process. “They go and report the class, and they utilize this as a social gathering to pass drugs amongst the cell blocks.”
Cut and dry
A Dayton Daily News analysis of Sinclair’s prison education headcount, cross referenced with the state’s prison classification system, found that 262, or 10%, of the college’s 2,611 incarcerated students in FY2024-2025 are in facilities that would automatically lose access to education programs under H.B. 338.
Those facilities include Lebanon Correction Institute (which is a Level 3 facility only), Ohio State Penitentiary (Level 4, Level E and death row), and Southern Ohio Corrections Facility (Level 4 and Level E).
About half — 1,047 enrollees — are in facilities strictly rated below Level 3 and would not be affected by educational aspects of the bill, as written.
Murky distinctions
There are another 1,302 prisoners enrolled in Sinclair’s educational program that are in facilities of a mixed distinction, like the 111 students in Warren Correctional Institution, which is rated Level 1, Level 2 and Level 3, and has a residential treatment unit for death row inmates who need it.
Another example is the Ohio Reformatory for Women, which currently has 469 prisoners in Sinclair’s program and is listed as a Level 1, Level 2, and a death row facility. Dayton Correctional Institution, which has 286 prisoners taking classes through Sinclair, is a Level 1, 2, 3, 4 and E facility.
It would be up to ODRC to determine which inmates would be impacted by H.B. 338.
“It’s a good question that we never really defined,” Johnson said. “...We would just leave that to ODRC to make the policy in the rule-making process.”
Institution impact
Sinclair is one of a handful of higher education institutions offering programs to Ohio’s prisoners, alongside Ohio State, Youngstown State, Wilmington College, Marion Technical College, Ashland University, Franklin University, and Otterbein University.
Scott Marshall, chief public information officer for Sinclair, told this outlet that the college’s advanced job training students are charged per credit hour, with their tuition being covered by the ODRC’s contract with Sinclair, alongside Pell grants and scholarships.
None of these institutions publicly testified on the bill during House committee, but will have another opportunity to do so as the bill moves through the Senate.
“Sinclair Community College is aware of House Bill 338 and its potential implications regarding educational opportunities in correctional facilities,” Marshall said in a statement. “Sinclair has a long-standing commitment to providing high-quality education to all students, including those who are incarcerated. We recognize the value of these programs for rehabilitation, reducing recidivism, and preparing students for successful reentry into society. However, as a policy matter, Sinclair does not comment on pending legislation. We remain dedicated to monitoring the legislative process and assessing the outcome of any bill that may affect our operations, programs, and students.”
What’s next
Johnson said he expects the bill to eventually be approved by the Ohio Senate.
“I think we’ve got a good bill that’s been vetted very well in the House. I spent five months doing a lot of research and talking to a lot — a lot — of people. It wasn’t just one person’s input, it was hundreds of people’s input on how to make this a safer place, not only a safer place to work but a safer place to be as an inmate," he said.
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Avery Kreemer can be reached at 614-981-1422, on X, via email, or you can drop him a comment/tip with the survey below.
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