FEATURE
ALL STICK, NO CARROT: OHIO’S REAGAN TOKES LAW ACTS AS A ‘ONE-WAY RATCHET’ FOR PRISON TIME
Intended to curb prison violence with promises of early release, the law is turning out as unbalanced as critics feared, with sentences extended at every turn.
By Doug Livingston, The Marshall Project
This article was first published by The Marshall Project, a nonprofit news organization covering the U.S. criminal justice system.
IN THE FINAL MONTH OF HIS two-year prison term, a guard ordered Lamont Clark Jr. into a cramped office.
Against the blurred background of a computer screen, a professionally dressed woman appeared on camera and explained that Clark would not be going home to Cleveland. A new state law required that he
spend another year in prison.
The reason: Another incarcerated person claimed that Clark had attacked him in 2023 during a riot at Lake Erie Correctional Institution.
“They never told me who I allegedly assaulted. They just said, ‘Somebody said you assaulted them, and you’re guilty,’” Clark told The Marshall Project - Cleveland this year, after serving the extra time.
Hundreds of incarcerated people like Clark are denied
release from Ohio prisons each year under Senate Bill 201, better known as the Reagan Tokes law.
Enacted in 2019, the law was designed to protect the public with a carrot-and-stick approach to incarceration. It gave prison administrators exclusive powers to add time for people who misbehave behind bars, or to recommend early release for those who follow the rules.
But as critics predicted, the law has only led to longer incarceration.
Not a single person has been released early, according to a Marshall Project - Cleveland review of prison records for the past six years. Meanwhile, 700 people — mostly Black men — have been denied release due to added time.
The Marshall Project - Cleveland investigation found no external oversight or internal auditing of administrative decisions to lengthen incarceration. People accused of violating prison rules are not afforded basic legal rights to have access
JULIA KUO FOR THE MARSHALL PROJECT
addressed the lack of positive programming in prisons.
“The problem with the Reagan Tokes Act has always been that it is more stick than carrot,” said attorney Nicole Clum, who advocated for a more balanced approach as a former legislative liaison at the Office of the Ohio Public Defender.
“If individuals are always given their maximum sentence and never given relief for good behavior, they have no incentive to engage in rehabilitative efforts,” she said. “Ohioans are better served if incarcerated individuals have hope.”
Otherwise, she added, there’s “no reason to engage in rehabilitation. Inevitably, this makes Ohioans less safe.”
Prisons don’t track the reasons people get additional time. So, The Marshall Project - Cleveland spoke to dozens of incarcerated people and reviewed documents in 30 recent cases through a public records request that took officials six months to fulfill. Rule violations for assaults and other sexual misconduct — up 45% and 75%, respectively, since 2019 — appear to be driving much of the additional time, the limited analysis found.
Prison administrators could not say whether the threat of longer sentences under the Reagan Tokes law might counter rising levels of violence in Ohio prisons. One official suggested that the law would have to apply to half of Ohio’s prison population in order to study its effect. Those punished by the law describe being locked up with cellmates who violently lash out during mental health episodes or while abusing drugs.
Lifers with little or no chance of parole extort money and commissary funds from people marked by Reagan Tokes sentences. They’re easy prey, some men said. If they fight back, they risk more time in prison. Their aggressors know that, so they pay up or take their beatings.
“Somebody with life said they were going to stab me because we kept arguing. … So, I had to punch him. I had to defend my life in those circumstances,” said Edward Navone, who is spending an extra year at a maximum-security prison in Lucasville after correctional staff found him guilty of assault. The new law isn’t just impact-
ing prisoners, but taxpayers as well.
***
When lawmakers introduced the Reagan Tokes Act in 2017, prison officials told the legislature that additional costs would be minimal if sentencing courts accepted their recommendations to reduce sentences for good behavior. But no such recommendations have been made.
Instead, Gary Daniels of the Ohio ACLU more accurately predicted what would happen when he testified in a 2018 committee hearing on the proposed bill.
“Under a more realistic scenario, (the law) will dramatically increase our prison population by hundreds per year for the next several years,” Daniels said.
Former Ohio Sen. Kevin Bacon and Rep. Jim Hughes, Republicans who co-sponsored the Reagan Tokes Act with state Senate and House Democrats Sean O’Brien and Kristin Boggs, said any law is worth revisiting.
Bacon said he was “surprised” to hear that all requests to reduce prison terms have been denied.
“I’m hoping that it’s a case where … if it is imbalanced, it’s imbalanced to protect the public,” said Hughes, adding that the state is “dealing with the worst of the worst.”
Boggs and O’Brien are now judges. Neither would talk publicly.
***
The law provides no checks on how public or private prison staff allege and investigate misconduct, or determine guilt. There’s no external oversight and no annual auditing.
Disciplinary decisions made behind closed doors by appointed members of the Ohio Parole Board may be appealed to lawyers who work for the state prison system. But documentation from those decisions is exempt from public records laws. Judges, who would be required to approve early release, have no say in whether time should be added. They’re not even notified.
“Certainly the judge should have a say if you’re going to be held over,” said Mayle, the defense attorney who argued against the law.
Mayle said he could not think of a political or legal reason for removing judicial oversight other than to give unilateral authority to state prison officials.
“But then again, prisoners are not a very influential body politic. They are easy to dump on,” Mayle said, adding that “there is an economic incentive for people who work in the prison business, whether they work for private or public prisons, to have prisoners.”
***
Those most affected by the law say they’ve been denied basic due process protections.
Clark, like other men accused by fellow prisoners of rioting at Lake Erie Correctional Institution and later given extra time, was found guilty under a veil of legal and literal darkness.
A power outage hit the privately owned and operated prison in August 2023. The lights and camera went dark when the backup generators failed. Concerned for their own safety, correctional officers abandoned their patrols inside pitch-black pods.
With no surveillance footage or official witnesses, investigators relied solely on confidential sources — other incarcerated men — to identify the alleged rioters and swiftly move them into solitary confinement cells.
Until then, Clark had a clean disciplinary record. But investigators never asked him what happened the night of the riot. Instead, he and others received nearly identical conduct reports from the same investigator. Each report referenced confidential statements as the only evidence against them.
One incarcerated man told officials he was with Clark “all night and he never touched anyone.” It didn’t matter. Disciplinary records show that administrators believed the confidential sources.
Clark was loaded onto a bus as waves of men left Lake Erie Correctional Institution for higher-security and more violent prisons. As their scheduled release dates neared, one by one, they received their extra time.
rollout and its empty promise of rewarding good behavior had left them demoralized.
“It is frustrating,” said Jose Padilla III at Belmont Correctional Institution. “People get discouraged. When they find out they’re not getting out, that’s when they get a ticket (or rule infraction). People just give up. What’s the point?”
Several men said violence breeds violence. Fists and weapons are survival tools. More prison time doesn’t deter their use when people are threatened with physical harm or worse.
“They put a lot of people in bad situations and expect them to be angels,” said Clark, who was finally released from the notoriously violent Lebanon Correctional Institution in January after serving his extra year.
The Marshall Project - Cleveland also spoke to dozens of people who appear to meet the minimum eligibility requirements to petition for early release. At least four, including two who filed after being contacted by a reporter, were denied for reasons that included the crimes for which they are serving time.
“It just says past criminal history,” James Fleming said of the denial letter he received in June. Fleming said he’s had no tickets in his three years of imprisonment. He’s been trusted with a maintenance job at Belmont Correctional Institution, a minimum security prison in southeast Ohio. He said he wants to better himself and atone for his mistake.
“I’ve done pretty much any programming I can get into since I’ve been in here,” Fleming said.
Several men said they did not previously know that they could ask for reduced sentences. Others were discouraged from applying by staff.
“I could never get anyone here to help me fully understand it,” said Padilla. “So, I gave up on trying to get what paperwork I would need.
“I’m not saying I’m not sorry about my crime,” he continued. “But I do want to get out and better my life. That’s what I’ve been working on in here.”
Dozens of incarcerated people told The Marshall ProjectCleveland that the law’s lopsided
SUNNY ESCAPE
La Playa brings the colorful marisqueria from the beaches of Mexico to the shores of Lake Erie
By Douglas Trattner
JUST WEEKS AGO, MY WIFE and I were enjoying a late-winter break in Mexico, specifically in a laid-back surfing town that hugged the Pacific Coast. There, seafood in all its glorious forms dominated the menus, with simply prepared items like ceviche, aguachile, seafood cocktails, fish tacos and fried whole fish highlighting the best of the day’s catch.
Mexican cuisine runs so much wider and deeper than the quesadillas, burritos, tacos and enchiladas that seem to dominate the menus of our beloved local restaurants. We have Rafael Ayala to thank for introducing many Cleveland diners to the sunny, simple joys of beachy Mexican seafood cookery.
The Detroit Shoreway dining community has gotten to know and appreciate Ayala since late 2018, when he opened the doors to Blue Habanero. After Boiler 65 closed on the very same block, the operator was invited by the landlord to pitch ideas for a new concept. His thoughts traveled immediately to the fishing villages that dot the Pacific Coast.
“I’m from Jalisco and we have a really large, diverse cooking style for seafood,” Ayala explains. “I love the food down there.”
In 2023, Ayala opened La Playa, a colorful marisquería ripped from the beaches of southwestern Mexico. The menu features a characteristic lineup of classic seafood staples like ceviche, aguachile, mixed seafood cocktails, grilled fish and fried whole fish. The kitchen supplements those items with some tried-and-true Mexican and Tex-Mex combos as well as some creative twists on the same. Even without the sandy toes
and sunset views, La Playa’s ceviche and aguachile are faithful representations of those omnipresent dishes. The shrimp aguachile ($8), artfully stacked atop a crispy tostada, bursts with vivid brightness and freshness. Raw shrimp – marinated in citrus juice – is tossed with diced cucumber, shaved red onion and fresh herbs and arranged on a guacamole-smeared tostada. The tostilocos ($22) casts a wider net, with shrimp, octopus and whitefish getting the ceviche and chip treatment.
Order a shrimp cocktail south of the border and you’ll wonder why we’ve been doing it wrong for all these years. Down there – and up here at La Playa ($20) – the cocktails arrive in a large goblet filled with chopped seafood, onions, jalapeños and avocado swimming in a sweet and spicy tomato-based sauce. Three poached shrimp balance on the rim of the glass.
Along the Mexican coast pretty much every laidback palapa serves fried whole fish, the catch of the day gently lowered into a vat of bubbling oil. Nothing is lost in translation in La Playa’s version, a whole red snapper ($30) scored, flash fried and presented teeth first on a wooden platter. The
crisp-skinned fish comes easily off the bone in large, flaky, sweet chunks. Fish taco fans likely will rank the Baja tacos ($20) up there with the best thanks to uber-crispy fried whitefish tucked into cheese-crusted tortillas and topped with red cabbage, pico, pickled red onions and salty cotija cheese.
Not everyone loves fish and seafood the way Ayala does, so he packs the menu with dozens of approachable, delicious Mexican faves. The enchiladas verdes ($14) are filled with tender shredded chicken, drizzled with sour cream and paired with rice. A beefy Burrito Gigante ($18) is loaded with steak, chorizo, peppers and onions and shellacked in chipotle aioli. Don’t skip the shrimp empanadas appetizer ($15), crispy-fried half moons filled with chopped shrimp, cheese and spices. For something Gram-worthy, snag a Flamin’ Hot Cheetos-dusted street corn ($8) which is exactly like it sounds.
But why stop there? The pina coladas arrive in a hollowed-out pineapple; the Watermelon Volcano
Eruption should come with a fire extinguisher; and warm churros are presented in a miniature street cart on wheels.
In fact, after the fish, fun seems to be the guiding force behind La Playa, which feels at times more like a neighborhood block party than a restaurant. Every other table seems to be celebrating a birthday, complete with dazzling sparklers and song. The room is festooned in colorful streamers, nautical murals, flying dolphins and vintage surf boards. Mini palm-thatched palapas at the front of the cavernous space can be booked for small groups.
During both recent visits, the large corner patio was inactive on account of the weather, but one look at it and you can tell that it’s a great place to be in summer. Already I can picture myself sipping fruity frozen drinks or buckets of ice-cold Coronitas beneath the umbrellas and expecting to hear the gentle surf in the distance.
dtrattner@clevescene.com t@dougtrattner
Photo by Doug Trattner
LIVEWIRE Real music in the real world
THU 05/08
Fontaines D.C.
Touring behind a deluxe edition that adds three new songs to their acclaimed fourth album, Romance, the Irish rock act performs at 7 p.m. at the Agora. In the ten years that the group has been active, it’s been nominated for numerous awards and steadily increased its popularity. Singer-songwriter Jadu Heart opens.
The Menzingers
With its latest single, “There’s No Place in This World For Me,” this pop-punk band explores the Americana side of its sound. Recorded at Sonic Ranch in April 2023, it puts singer Greg Barnett’s raspy voice up front in the mix. The group performs tonight at 6:30 at House of Blues. 308 Euclid Ave., 216-523-2583, houseofblues.com.
FRI 05/09
Saint Motel: The Symphony in the Sky Tour
Produced by Grammy-winner Bekon (Kendrick Lamar, H.E.R., SZA), Saint Motel & the Symphony in the Sky, the latest effort from this rock act, finds the band getting experimental as songs like the lush “Fine Wine” possesses a psychedelic, Flaming Lips-like quality. The group performs at 7 p.m. at House of Blues. 308 Euclid Ave., 216-523-2583, houseofblues.com.
SAT 05/10
Amigo the Devil
The indie singer-songwriter who’s created a genre dubbed dark folk or murder folk plays the banjo and guitar and sings in a deep, reverberating voice that’s equal parts Nick Cave and Tom Waits. He returns to the Beachland Ballroom; the concert begins at 8:30 p.m. TELE NOVELLA and David Talley open.
15711 Waterloo Rd., 216-383-1124, beachlandballroom.com.
Ichiko Aoba
With her new album, Luminescent Creatures, indie artist Ichiko Aoba mixes classical guitar and orchestral pop. The album features a tapestry of textures thanks to the use of piano, strings and guitar. Aoba performs at 7 p.m. at the Agora. 5000 Euclid Ave., 216-881-2221, agoracleveland.com.
Shakey Graves
Last year, this indie folk singer-songwrit-
er who goes by the stage name Shakey Graves released a special 10-year anniversary version of his album, And the War Came, that came complete with demos and b-sides. Buttressed by fragile vocals and acoustic melodies, the tunes hold up a decade later. On tour in support of the re-released, Shakey Graves performs at 7 p.m. at Globe Iron. Ruby Waters opens. 2320 Center St., globeironcle.com.
SUN 05/11
DEVO: 50 Years of De-Evolution... continued!
The great Akron punk/New Wave band brings its farewell tour to TempleLive at the Cleveland Masonic. While the band hasn’t delivered new material on the regular, classic dystopian songs such as “Mongoloid” and “Jocko Homo” still sound relevant all these years later. The show starts at 8 p.m. 3615 Euclid Ave., 216-881-6350, masoniccleveland.com.
Napalm Death and Melvins
The two heavy bands bring their co-headlining tour to Globe Iron. For 40 years now, Napalm Death has blended grindcore, crust punk and death metal. Not be outdone, the proto-grunge Melvins have
delivered album after album of heavy, Sabbath-inspired tunes. The concert begins at 6:30 p.m. Tita to Tachyons and Dark Sky Burial open.
2320 Center St., globeironcle.com.
MON 05/12
Insane Clown Posse
The shock rock act known for spraying its audience with Faygo returns to the Agora. Led by rappers Violent J and Shaggy 2 Dope, the Detroit-based group has somehow turned novelty (the guys wear facepaint and look like evil clowns) into a career. The horrorcore rap group has a loyal following that’ll undoubtedly show up en masse for this gig. Doors open at 6 p.m.
5000 Euclid Ave., 216-881-2221, agoracleveland.com.
TUE
Amyl and the Sniffers
05/13
In the eight years since this group came together in Melbourne’s pub-rock scene, the group has become a worldwide sensation. Its latest effort, last year’s Cartoon Darkness, features sexually supercharged punk anthems such as “Chewing Gum” and “Motorbike Song.” The group performs tonight at 7 at the Agora.
5000 Euclid Ave., 216-881-2221, agoracleveland.com.
MJ Lenderman
This North Carolina-based artist made it onto many critics’ year-end lists with last year’s Manning Fireworks. Lenderman’s brittle vocals mesh well with Built to Spill-like guitars on tunes such as “She’s Leaving You.” The indie singer-songwriter performs at 7 p.m. at Globe Iron. This Is Lorelei opens. 2320 Center St., globeironcle.com.
WED 05/14
Gene Simmons Band
Famous as the bassist and marketing genius behind the hard rock band KISS, which recently finished its farewell tour, Gene Simmons brings his solo show to MGM Northfield Park — Center Stage. The show starts at 7:30 p.m. 10705 Northfield Rd., Northfield, 330-9087793, mgmnorthfieldpark.mgmresorts. com/en.html.
THU 05/15
Ella Boissonnault brings this sideproject to Mahall’s 20 Lanes in Lakewood as part of a tour in support of her latest fulllength album, Renowned in the Roaring Twenties. The album, examines the modern music industry and the “shifting, often contradictory” expectations placed on artists.
Indie rocker Justic Cow opens. 13200 Madison Ave., Lakewood, 216-5213280, mahalls20lanes.com.
FRI 05/16
Alex Warren
Last year, this singer-songwriter had a bit hit with “Burning Down,” a song of his that he rerecorded with pop star Joe Jonas. With the current somber pop tune “Ordinary” now atop the charts, Warren brings his Cheaper than Therapy tour to House of Blues. Doors open at 7 p.m. 308 Euclid Ave., 216-523-2583, houseofblues.com.
MON 05/19
Breaking Benjamin & Staind Since delivering their debut, Saturate, back in 2002, Breaking Benjamin has been one of rock’s more commercially acts. Led by singer-guitarist Aaron Lewis, Staind has been right there with Breaking Benjamin. Its 2001 hit, “It’s Been Awhile,” was a huge hit for the group. The acts bring their co-headlining tour to Blossom. Wage War and Lakeview share the bill. It all begins at 5:45 p.m. 1145 W. Steels Corners Rd., Cuyahoga Falls, 216-231-1111, livenation.com.
TUE 05/20
Teddy Swims
Last year, this singer-songwriter celebrated the success of his multi-platinum chart-conquering hits “Lose Control” and “The Door” from his debut album, I’ve Tried Everything But Therapy (Part 1). This year, he returned with I’ve Tried Everything But Therapy (Part 2) and has embarked on his biggest global headline tour to date, including performances at Lollapalooza in Chile, Argentina and Brazil The soulful Swims performs at 6:30 p.m. at Jacobs Pavilion. Diamond Cafe opens. 2014 Sycamore St., 216-861-4080, jacobspavilion.com.
scene@clevescene.com t@clevelandscene
Teddy Swims kicks off the summer season at Jacobs Pavilion. See: Tuesday, May 20.|Marie Vogel
