Can a prison sentence be extended after someone’s already behind bars?

Using the tragic story behind Ohio’s Reagan Tokes Act as a starting point, we break down how and why sentences might be lengthened, what role the parole authority plays, and the evolution of sentencing laws in Ohio.

Along the way, we touch upon the legal debates around due process, the politics of laws named after victims, and what all of this means for people caught up in the system.

Whether you’re curious about indefinite sentences, parole hearings, or just want to know how the law actually works beyond the headlines, this episode brings clarity—with plenty of opinions.

Here are 3 key takeaways:

• The Reagan Tokes Act in Ohio introduced indefinite sentencing: For qualifying felony crimes of violence, offenders receive a sentencing range (e.g., 8 to 11 years). The parole board can extend incarceration up to the maximum if there are continuing risks or infractions, fundamentally shifting how time served is determined.
• Due process and legal controversy: The Ohio Supreme Court recently upheld the Reagan Tokes Act’s structure (in State v. Hacker, 2023), deciding that the judge still sets the range while the parole authority determines exactly how long is served—raising ongoing debates around separation of powers and due process.
• The risks of “exception-based” legislation: Laws named after victims, like the Reagan Tokes Act, often arise from singular, horrific events. While politically compelling, they can create widespread changes affecting many beyond the case that prompted them.

Got a question you want answered on the podcast? Call 614-859-2119 and leave us a voicemail. Steve will answer your question on the next podcast!

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high-publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law

Mentioned in this episode:

Circle 270 Media Podcast Consultants

Circle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com