Just because a legislature can make a law doesn’t mean that they should. The Ohio General Assembly enacted the Targeted Community Alternatives to Prison (T-CAP) program to decrease the number of convicted defendants sent to state prison and to increase funding for community control efforts. While the law may be upheld under the Ohio Constitution’s Uniformity Clause, the law should still be repealed because legislative control and financial influence have no place in the judicial branch, specifically the criminal sentencing process. However, the law is rooted in good intentions, and many judges have found the additional funding useful, but the conditions on that funding should be repealed.
Ohio's Targeted Community Alternative to Prison Program: How a Good Idea is Implemented through Bad Policy,
67 Clev. St. L. Rev.
available at https://engagedscholarship.csuohio.edu/clevstlrev/vol67/iss3/9