In 2019, Ohio enacted the Reagan Tokes Law — also known as Senate Bill 201 — a sweeping change to sentencing for first- and second-degree felonies that promised a more individualized, behavior-based approach to prison release. In theory, the law was supposed to allow people who demonstrated rehabilitation to be released early and keep those who remained dangerous incarcerated longer. Six years later, a detailed investigation by The Marshall Project – Cleveland, published in April 2025, documented what actually happened: not a single person has been released early under the law, while 700 people — the vast majority of them Black men — have had additional prison time imposed.
How the Law Was Supposed to Work
The Reagan Tokes Law was named for Reagan Tokes, an Ohio State University student who was abducted, raped, and murdered in February 2017. Her killer, Brian Golsby, had served time for attempted rape and robbery, accumulated behavioral problems in prison, and was on post-release supervision at the time of the murder. The law was designed to prevent similar cases by giving ODRC the authority to extend someone's prison time if they continued to pose a threat beyond their minimum sentence.
Under SB 201, judges imposing sentences on first- or second-degree non-life felonies set two numbers: a minimum term (from within the normal sentencing range) and a maximum term that is 50 percent longer than the minimum. Inmates are presumed to be released at the end of the minimum term — but ODRC can rebut that presumption and keep them incarcerated up to the maximum if it can show they remain dangerous or have not complied with programming requirements. In theory, exceptional inmates could also be released before the minimum — but that mechanism was rarely used.
What Actually Happened: The Marshall Project's Findings
Through a systematic review of prison records, The Marshall Project – Cleveland found that through the end of 2024, more than 14,500 people had been sentenced under the Reagan Tokes Law since its March 2019 effective date. Of those 14,500+:
- Zero had been released early — before their minimum term — despite the law's stated provision for early release based on demonstrated rehabilitation
- 700 people had been denied release at their minimum term and given additional time — kept incarcerated beyond the minimum because ODRC successfully rebutted the release presumption
- Among the 700 who received added time, the majority were Black men — a disparity that the Marshall Project identified as significant and that advocates argue reflects documented racial bias in risk assessment tools and prison disciplinary systems
The Risk of the Law's Asymmetry
The law was written with a stated two-way flexibility: release early for model behavior, extend for dangerous behavior. In practice, only the extension mechanism has been used. This asymmetry matters for several reasons:
- It means the law's actual function is to extend sentences — not shorten them — for a segment of the population
- The documented racial disparity in who receives extensions creates constitutional equal protection concerns that attorneys have begun litigating
- For families with loved ones sentenced under SB 201, the practical implication is that there is no track record of early release to point to, but a documented pattern of extended incarceration
What This Means for Families
If your loved one was sentenced in Ohio for a first- or second-degree felony on or after March 22, 2019, they are almost certainly serving under the Reagan Tokes indefinite sentencing structure:
- Ask their attorney or public defender to confirm whether SB 201 applies to their sentence and what the minimum and maximum terms are
- Programming compliance directly affects the ODRC's ability to rebut the release presumption — encourage participation in every assigned program
- Disciplinary records are a primary basis for ODRC extending time — avoiding disciplinary infractions reduces the risk of the maximum-term extension
- Legal advocates including the Ohio Justice and Policy Center (ohiojpc.org) have been tracking and challenging SB 201 extensions
ODRC headquarters: 770 West Broad Street, Columbus, OH 43222. Phone: (614) 752-1159. Website: drc.ohio.gov.