Dr. Amy Acton, left, director of the Ohio Department of Health, and Ohio Gov. mike DeWine, right, pose with their homemade masks following a press conference on the State of Ohio's response to the ongoing COVID-19 pandemic on Monday, April 6, 2020 at the Ohio Statehouse in Columbus, Ohio. Late last week the Centers for Disease Control recommended all Americans wear a mask while out in public to help lessen the spread of the novel coronavirus. [Joshua A. Bickel/Dispatch] ▲

Some Ohio offenders could be released in an attempt to stop coronavirus outbreaks at state prisons. There are nearly 49,000 people imprisoned in Ohio’s state facilities.

The state could release 167 inmates early in an attempt to slow the spread of coronavirus in state prisons, where cases have now appeared.

Around 141 of those inmates are serving time in minimal-security facilities, Gov. Mike DeWine said Tuesday.

The prisoners are eligible to be released under Ohio's Overcrowding Emergency statute and have an original release date of on or before July 13, DeWine said. The governor encouraged the Correctional Institution Inspection Committee to give those 141 cases immediate attention.

DeWine said prisoners under consideration for release are not habitual offenders and have not been convicted of murder, domestic violence, sexual offenses or terrorism. They do include those who are serving time for nonviolent offenses and those who might be getting close to their release date anyway.

"Overall, these are all tough decisions," DeWine said. "We are trying to take a measured and reasonable approach that protects the public and tries to minimize the spread."

Another 26 prisoners over the age of 60 who have at least one chronic health issue also could be released, the governor said. These inmates under consideration have served at least half their sentences.

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The state announced Tuesday that there are 4,782 Ohioans who have tested positive for COVID-19 so far. That's a 7.4% increase from Monday, the lowest daily percentage increase since the first cases were announced. Tuesday's tally represents an increase of 332 confirmed cases from Monday.

As of 2 p.m. Tuesday, 167 Ohioans had died due to the virus. There were 1,354 people who had been hospitalized for the virus, including 417 who have been admitted to intensive care units, according to the state.

Also Tuesday, the state health director said the number of expected new cases at the peak of the outbreak could be around 2,000 a day, something the state credited to social distancing. The original prediction was as many as 10,000 new cases per day.

DeWine said he does not have the ability to commute prison sentences all at once, but he is asking judges and prosecutors associated with the cases to waive a 60-day notice that is usually provided to victims' families.

Then, cases can be taken directly to the parole board. The parole board is prepared to meet starting Friday to address these matters, DeWine said.

The inmates DeWine is seeking to release represent fewer than 0.4% of the 48,883 people in Ohio prisons.

The moves to release some inmates comes amid outbreaks at two state prisons.

At least five prisoners at the Marion Correctional Institution and five at the Pickaway Correctional Institution have tested positive for the virus. A total of 27 staff members, mostly in Marion, have tested positive.

DeWine said ODRC Director Annette Chambers-Smith has done "a very good job" at keeping the virus at bay. But the governor said it was inevitable that COVID-19 would make its way inside the facilities.

While social distancing in public has gone a long way to slowing the spread of coronavirus, it's challenging in prisons, DeWine said. The governor said the state must do everything it can to protect the public, inmates and prison staff.

Chambers-Smith is expected to join state leaders at a virus news briefing later this week. DeWine said he would talk with her about concerns regarding a lack of personal protective equipment for prison workers.

"We must do all we can to protect prison staff," DeWine said. "The vast, vast majority of them cannot work from home. We need them. We appreciate them very much."

Notable offender considered for early release

The vast majority of the offenders being considered for early release were sentenced for drug-related offenses or crimes that likely resulted from a drug addiction, such as theft or breaking and entering.

Of the inmates on the governor's list, two women and two men from Franklin County are to be considered for release.

"Coingate" figure Thomas Noe is one of the 167 inmates who could be granted an early release.

Noe, 64, has served 10 years of an 18-year prison sentence for stealing $14 million from a $50 million rare-coin fund that he managed for the Ohio Bureau of Workers' Compensation. He was convicted in 2006 of theft, engaging in corrupt activity, money laundering and forgery and is serving his sentence at the Marion Correctional Institution.

Noe also served a two-year federal prison sentence for illegal campaign contributions to President George W. Bush's re-election campaign.

The Coingate scandal roiled state government, with then-Republican Gov. Bob Taft convicted of ethics misdemeanors for failing to disclose golf outings and other gifts. Democrats went on to win the governor's office with Ted Strickland in 2006, as well as all other statewide executive offices but auditor.

The Ohio Parole Board voted 5-2 in November 2018 to recommend former Gov. John Kasich deny clemency to Noe. The outgoing governor did not act on the board's recommendation.

Cases continue to increase across Ohio

DeWine called the coronavirus response in nursing homes across Ohio "a work in progress." He said officials need to make sure that nursing homes know who to call if a problem arises.

Mill Run Rehabilitation Center, a Hilliard nursing home, has eight employees and two residents who have tested positive for the virus. One of the employees has recovered and returned to work. The cases in the facility make up most of the 14 confirmed cases of COVID-19 reported in Franklin County senior living facilities as of Monday morning.

Dr. Amy Acton, director of the Ohio Department of Health, on Tuesday said that officials are working behind the scenes to combat COVID-19.

Acton said Lt. Gov. Jon Husted has spearheaded the search for blood testing that could identify which Ohioans have antibodies and may have already had and recovered from the virus. That kind of testing is what will help get Ohio out of the COVID-19 outbreak, Acton said.

Acton spoke briefly Tuesday about forecast models for the virus in Ohio. She said that "none of them are perfect alone" and that they don't predict the outcome. But Ohioans' actions do, she said.

That's why social distancing is so important, Acton said. That's evident by the fact that actions taken have allowed for hospitals to stay far below capacity, Acton said.

She told Ohioans they are "winning the war" against COVID-19.

"What we now know here in Ohio and around the world is (distancing) truly works," Acton said.

USDA signs off on Ohio food bank request

The U.S. Department of Agriculture on Tuesday approved a request from the state of Ohio to waive verification requirements as local food banks distribute food to those in need during the COVID-19 outbreak, said Joree Novotny, director of external affairs for the Ohio Association of Foodbanks.

As the fallout from the outbreak slams Ohio's economy, more Ohioans are turning to food banks for the first time, she said, and normal federal guidelines outline verifications that could require person-to-person contact.

The approval waives that requirement, Novotny said, and allows food banks to more easily get food to those who need it.

Another COTA employee tests positive

A second Central Ohio Transit Authority worker has tested positive for the virus, the agency announced Tuesday.

The worker last drove a COTA vehicle March 12 and reported the positive test to the transit authority April 6.

COTA has been promoting social distancing during the COVID-19 crisis and is requiring customers to board and depart the rear entrance of buses. Vehicles are not allowed to have any more than 20 riders on board at any time, according to COTA.

Dispatch Reporters Rick Rouan, Bethany Bruner, John Futty and Jacob Myers contributed to this story.

mfilby@dispatch.com

@MaxFilby