COLUMBUS, Ohio — The Ohio Supreme Court has ruled that a state law allowing prison officials to keep prisoners beyond their sentence if the prisoner violates the law while incarcerated is constitutional.
In a 5-2 decision on Wednesday, the state’s highest court found that the Reagan Tokes law does not violate the constitutional rights of inmates.
The law was passed in 2019 and named after the 21-year-old Ohio State senior who was killed in February 2017. Tokes was kidnapped, raped and fatally shot by Brian Golsby, a convicted sex offender who had recently been released from prison months earlier before the murder.
Two men imprisoned in cases unrelated to that crime contested the law. Christopher Hacker is serving time for aggravated burglary, and Danan Simmons Jr. was sentenced on weapon and drug charges.
Hacker and Simmons argued that the provision violates the constitutionally outlined separation of powers between the judicial branch, which issues sentences, and the executive branch, which includes the prison department. They said the provision allows the executive branch to act as prosecutor, judge and jury and infringes on the right to a fair trial by not ensuring protections such as the right to an attorney during proceedings about extending a sentence.
Justice Joseph Deters wrote in the court majority that the men raised a “facial” challenge to the law and so had to prove that under no circumstances could the law be fairly applied.
Deters wrote in the opinion that the men failed to prove that was the case, raising only hypothetical situations in which an inmate might serve more than the minimum term for a minor prison rule infraction.
The justice added that at some point, an inmate could propose an argument that the Ohio Department of Rehabilitation and Correction applied the law in an unconstitutional manner “should the facts of a specific case so warrant.”
Tokes' mother, Lisa, said "We are happy that the Ohio Supreme Court stood behind this bill as it was put into play to further prevent crime by individuals who are making a conscious choice on whether or not they want to reform while incarcerated. It was and is constitutional. The legislative team that was responsible for writing this bill and getting it over the finish line was very diligent in making sure of its integrity and we are glad that it has not been overturned. If this law had been in place back in 2017, Reagan would have never crossed paths with her killer and would still be with us today. We hope more people in positions of power in Ohio will step up to fight for safety and protection of the innocent. We will continue our pursuit to get the second half of the bill as it pertains to the ankle monitor program adjusted so it indeed is a preventative measure and saves lives as well. We wish Reagan didn't have to pay with her life for these changes to occur, but we know she would be proud of the work we are doing to positively impact and potentially save the lives of other people. Evil does not get to prevail."