COLUMBUS, Ohio (WCMH) – Nearly five years after she was murdered, two Ohio prisoners are challenging the state law named after Reagan Tokes.

Tokes, 21, was abducted, raped, and killed in February 2017 by a man who was out on parole.

In 2018, Gov. John Kasich signed the Reagan Tokes Act into law, which requires judges to set a minimum and maximum prison term for those convicted of first- and second-degree felonies.

At issue in the current case is the ability of the Ohio Department of Rehabilitation and Corrections (DRC) to extend the minimum sentence if it finds the inmate is a continued threat to society.

In the appeals, inmates Christopher Hacker and Danan Simmons argue the law violated the separation of powers between the judicial and executive branches, with the DRC acting as prosecutor, judge, and jury.

The Ohio Supreme Court is scheduled to hear the appeals next week.