As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 1 5
1997-1998 6
REPRESENTATIVE WILLIAMS 8
10
A B I L L
To amend sections 2151.312, 2151.355, 2151.38, 12
5139.01, 5139.04, 5139.05, 5139.06, 5139.07, 13
5139.08, 5139.18, 5139.20, 5139.32, 5139.35, 14
5139.38, and 5139.43 and to enact sections
5139.50 to 5139.56 of the Revised Code to create 15
a Release Authority in the Department of Youth 16
Services to grant releases to certain children
committed to the Department, to establish a 17
procedure for the judicial release of certain 18
children in the Department's custody, and to 19
establish an Office of Victims' Services in the
Release Authority. 20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That sections 2151.312, 2151.355, 2151.38, 24
5139.01, 5139.04, 5139.05, 5139.06, 5139.07, 5139.08, 5139.18, 25
5139.20, 5139.32, 5139.35, 5139.38, and 5139.43 be amended and 26
sections 5139.50, 5139.51, 5139.52, 5139.53, 5139.54, 5139.55, 27
and 5139.56 of the Revised Code be enacted to read as follows: 28
Sec. 2151.312. (A) A child alleged to be a delinquent 37
child, an unruly child, or a juvenile traffic offender may be 38
held only in the following places: 39
(1) A certified family foster home or a home approved by 41
the court; 42
(2) A facility operated by a certified child welfare 44
agency; 45
(3) A detention home or center for delinquent children 47
2
which is under the direction or supervision of the court or other 48
public authority or of a private agency and approved by the 49
court; 50
(4) Any other suitable place designated by the court. 52
(B) Except as provided in division (C) of section 2151.311 54
or in division (C)(3)(2) of section 5139.06 and section 5120.162 56
of the Revised Code, a child shall not be held in a state 57
correctional institution, county, multicounty, or municipal jail 58
or workhouse, or other place where an adult convicted of crime, 59
under arrest, or charged with crime is held. Unless the 60
detention is pursuant to division (C) of section 2151.311 or 61
pursuant to division (C)(3)(2) of section 5139.06 and section 62
5120.162 of the Revised Code, the official in charge of the 63
institution, jail, workhouse, or other facility shall inform the 64
court immediately when a child, who is or appears to be under the 65
age of eighteen years, is received at the facility, and shall 66
deliver him THE CHILD to the court upon request or transfer him 68
THE CHILD to a detention facility designated by the court.
(C) If a case is transferred to another court for criminal 70
prosecution pursuant to section 2151.26 of the Revised Code, the 71
child may be transferred for detention pending the criminal 72
prosecution in a jail or other facility in accordance with the 73
law governing the detention of persons charged with crime. Any 74
child so held shall be confined in a room totally separate by 75
both sight and sound from all adult detainees. The child shall 76
be supervised at all times during the detention. 77
(D) A child who is alleged to be a neglected, abused, or 79
dependent child shall not be held in a state correctional 80
institution, county, multicounty, or municipal jail, or other 81
place where any adult convicted of crime, under arrest, or 82
charged with crime is held. The alleged neglected, abused, or 83
dependent child shall not be held in a detention home or a center 84
for children who are alleged to be delinquent children. 85
Sec. 2151.355. (A) If a child is adjudicated a delinquent 96
3
child, the court may make any of the following orders of 97
disposition:
(1) Any order that is authorized by section 2151.353 of 99
the Revised Code; 100
(2) Place the child on probation under any conditions that 102
the court prescribes. If the child is adjudicated a delinquent 103
child for violating section 2909.05, 2909.06, or 2909.07 of the 105
Revised Code and if restitution is appropriate under the
circumstances of the case, the court shall require the child to 106
make restitution for the property damage caused by the child's 107
violation as a condition of the child's probation. If the child 109
is adjudicated a delinquent child because the child violated any 110
other section of the Revised Code, the court may require the 111
child as a condition of the child's probation to make restitution 112
for the property damage caused by the child's violation and for 113
the value of the property that was the subject of the violation 114
the child committed if it would be a theft offense, as defined in 115
division (K) of section 2913.01 of the Revised Code, if committed 116
by an adult. The restitution may be in the form of a cash 117
reimbursement paid in a lump sum or in installments, the 118
performance of repair work to restore any damaged property to its 119
original condition, the performance of a reasonable amount of 120
labor for the victim approximately equal to the value of the 121
property damage caused by the child's violation or to the value 122
of the property that is the subject of the violation if it would 123
be a theft offense if committed by an adult, the performance of 124
community service or community work, any other form of 125
restitution devised by the court, or any combination of the 126
previously described forms of restitution.
If the child is adjudicated a delinquent child for 128
violating a law of this state or the United States, or an 129
ordinance or regulation of a political subdivision of this state, 130
that would be a crime if committed by an adult or for violating 132
division (A) of section 2923.211 of the Revised Code, the court,
4
in addition to all other required or permissive conditions of 134
probation that the court imposes upon the delinquent child 136
pursuant to division (A)(2) of this section, shall require the 137
child as a condition of the child's probation to abide by the law 138
during the period of probation, including, but not limited to, 139
complying with the provisions of Chapter 2923. of the Revised 140
Code relating to the possession, sale, furnishing, transfer, 141
disposition, purchase, acquisition, carrying, conveying, or use 142
of, or other conduct involving a firearm or dangerous ordnance, 143
as defined in section 2923.11 of the Revised Code. 144
(3) Commit the child to the temporary custody of any 146
school, camp, institution, or other facility operated for the 147
care of delinquent children by the county, by a district 149
organized under section 2151.34 or 2151.65 of the Revised Code, 150
or by a private agency or organization, within or without the 151
state, that is authorized and qualified to provide the care, 152
treatment, or placement required;
(4) If the child is adjudicated a delinquent child for 154
committing an act that would be a felony of the third, fourth, or 155
fifth degree if committed by an adult or for violating division 157
(A) of section 2923.211 of the Revised Code, commit the child to 158
the legal custody of the department of youth services for 159
institutionalization for an indefinite term consisting of a 160
minimum period of six months and a maximum period not to exceed 161
the child's attainment of twenty-one years of age; 162
(5)(a) If the child is adjudicated a delinquent child for 164
violating section 2903.03, 2905.01, 2909.02, or 2911.01 or 165
division (A) of section 2903.04 of the Revised Code or for 166
violating any provision of section 2907.02 of the Revised Code 167
other than division (A)(1)(b) of that section when the sexual 169
conduct or insertion involved was consensual and when the victim
of the violation of division (A)(1)(b) of that section was older 171
than the delinquent child, was the same age as the delinquent 172
child, or was less than three years younger than the delinquent 173
5
child, commit the child to the legal custody of the department of 174
youth services for institutionalization in a secure facility for 175
an indefinite term consisting of a minimum period of one to three 176
years, as prescribed by the court, and a maximum period not to 177
exceed the child's attainment of twenty-one years of age; 178
(b) If the child is adjudicated a delinquent child for 181
violating section 2923.02 of the Revised Code and if the 182
violation involves an attempt to commit a violation of section
2903.01 or 2903.02 of the Revised Code, commit the child to the 184
legal custody of the department of youth services for
institutionalization in a secure facility for an indefinite term 185
consisting of a minimum period of six to seven years, as 186
prescribed by the court, and a maximum period not to exceed the 187
child's attainment of twenty-one years of age;
(c) If the child is adjudicated a delinquent child for 189
committing an act that is not described in division (A)(5)(a) or 190
(b), of this section and that would be a felony of the first or 191
second degree if committed by an adult, commit the child to the 192
legal custody of the department of youth services for 193
institutionalization in a secure facility for an indefinite term 194
consisting of a minimum period of one year and a maximum period 195
not to exceed the child's attainment of twenty-one years of age; 196
(6) If the child is adjudicated a delinquent child for 198
committing a violation of section 2903.01 or 2903.02 of the 199
Revised Code, commit the child to the legal custody of the 201
department of youth services for institutionalization in a secure 202
facility until the child's attainment of twenty-one years of age; 203
(7)(a) If the child is adjudicated a delinquent child for 206
committing an act, other than a violation of section 2923.12 of 207
the Revised Code, that would be a felony if committed by an adult 208
and is committed to the legal custody of the department of youth 209
services pursuant to division (A)(4), (5), or (6) of this section 210
and if the court determines that the child, if the child was an 211
adult, would be guilty of a specification of the type set forth 212
6
in section 2941.141 , 2941.144, 2941.145, or 2941.146 of the 213
Revised Code in relation to the act for which the child was 214
adjudicated a delinquent child, commit the child to the legal 215
custody of the department of youth services for
institutionalization in a secure facility for the following 216
period of time, subject to division (A)(7)(b) of this section: 217
(i) If the child would be guilty of a specification of the 219
type set forth in section 2941.141 of the Revised Code, a period 220
of one year; 221
(ii) If the child would be guilty of a specification of 223
the type set forth in section 2941.144, 2941.145, or 2941.146 of 224
the Revised Code, a period of three years. 226
(b) The court shall not commit a child to the legal 229
custody of the department of youth services pursuant to division 230
(A)(7)(a) of this section for a period of time that exceeds three 231
years. The period of commitment imposed pursuant to division 232
(A)(7)(a) of this section shall be in addition to, and shall be 233
served consecutively with and prior to, a period of commitment 234
ordered pursuant to division (A)(4), (5), or (6) of this section, 235
provided that the total of all the periods of commitment shall 236
not exceed the child's attainment of twenty-one years of age. 237
(8)(a) Impose a fine and costs in accordance with the 240
schedule set forth in section 2151.3512 of the Revised Code;
(b) Require the child to make restitution for all or part 242
of the property damage caused by the child's delinquent act and 243
for all or part of the value of the property that was the subject 244
of any delinquent act the child committed that would be a theft 245
offense, as defined in division (K) of section 2913.01 of the 246
Revised Code, if committed by an adult. If the court determines 247
that the victim of the child's delinquent act was sixty-five 248
years of age or older or permanently and totally disabled at the 249
time of the commission of the act, the court, regardless of 250
whether or not the child knew the age of the victim, shall 251
consider that fact in favor of imposing restitution, but that 252
7
fact shall not control the decision of the court. The 253
restitution may be in the form of a cash reimbursement paid in a 254
lump sum or in installments, the performance of repair work to 255
restore any damaged property to its original condition, the 256
performance of a reasonable amount of labor for the victim, the 257
performance of community service or community work, any other 258
form of restitution devised by the court, or any combination of 259
the previously described forms of restitution. 260
(9) Suspend or revoke the driver's license or temporary 262
instruction permit issued to the child or suspend or revoke the 263
registration of all motor vehicles registered in the name of the 264
child; 265
(10) If the child is adjudicated a delinquent child for 267
committing an act that, if committed by an adult, would be a 269
criminal offense that would qualify the adult as an eligible
offender pursuant to division (A)(3) of section 2929.23 of the 270
Revised Code, impose a period of electronically monitored house 271
detention in accordance with division (I) of this section that 273
does not exceed the maximum sentence of imprisonment that could 274
be imposed upon an adult who commits the same act; 275
(11) Commit the child to the temporary or permanent 277
custody of the court;
(12) Make any further disposition that the court finds 279
proper, except that the child shall not be placed in any state 280
correctional institution, county, multicounty, or municipal jail 281
or workhouse, or any other place in which an adult convicted of a 282
crime, under arrest, or charged with a crime is held. 283
(B)(1) If a child is adjudicated a delinquent child for 286
violating section 2923.32 of the Revised Code, the court, in 287
addition to any order of disposition it makes for the child under 288
division (A) of this section, shall enter an order of criminal 289
forfeiture against the child, in accordance with divisions 290
(B)(3), (4), (5), and (6) and (C) to (F) of section 2923.32 of 291
the Revised Code.
8
(2) If a child is adjudicated a delinquent child for 294
committing two or more acts that would be felonies if committed
by an adult and if the court entering the delinquent child 295
adjudication orders the commitment of the child, for two or more 296
of those acts, to the legal custody of the department of youth 297
services for institutionalization or institutionalization in a 298
secure facility pursuant to division (A)(4), (5), or (6) of this 299
section, the court may order that all of the periods of 300
commitment imposed under those divisions for those acts be served 302
consecutively in the legal custody of the department of youth 303
services and, if applicable, be in addition to and commence 304
immediately following the expiration of a period of commitment 305
that the court imposes pursuant to division (A)(7) of this 306
section. A court shall not commit a delinquent child to the 307
legal custody of the department of youth services under division 308
(B)(2) of this section for a period that exceeds the child's 309
attainment of twenty-one years of age.
(C) If a child is adjudicated a delinquent child for 311
committing an act that, if committed by an adult, would be a drug 313
abuse offense, as defined in section 2925.01 of the Revised Code, 314
or for violating division (B) of section 2917.11 of the Revised 315
Code, in addition to imposing in its discretion any other order 316
of disposition authorized by this section, the court shall do 317
both of the following:
(1) Require the child to participate in a drug abuse or 319
alcohol abuse counseling program; 320
(2) Suspend or revoke the temporary instruction permit or 322
probationary operator's license issued to the child until the 323
child attains eighteen years of age or attends, at the discretion 325
of the court, and satisfactorily completes, a drug abuse or 326
alcohol abuse education, intervention, or treatment program 327
specified by the court. During the time the child is attending 328
the program, the court shall retain any temporary instruction 329
permit or probationary license issued to the child, and the court
9
shall return the permit or license when the child satisfactorily 330
completes the program. 331
(D)(1) At the dispositional hearing and prior to making 333
any disposition pursuant to division (A) of this section, the 334
court shall determine whether a victim of the delinquent act 335
committed by the child was five years of age or younger at the 336
time the delinquent act was committed, whether a victim of the 337
delinquent act sustained physical harm to the victim's person 338
during the commission of or otherwise as a result of the 339
delinquent act, whether a victim of the delinquent act was 340
sixty-five years of age or older or permanently and totally 341
disabled at the time the delinquent act was committed, and 342
whether the delinquent act would have been an offense of violence 343
if committed by an adult. If the victim was five years of age or 344
younger at the time the delinquent act was committed, sustained 345
physical harm to the victim's person during the commission of or
otherwise as a result of the delinquent act, or was sixty-five 346
years of age or older or permanently and totally disabled at the 348
time the act was committed, regardless of whether the child knew 349
the age of the victim, and if the act would have been an offense 350
of violence if committed by an adult, the court shall consider 351
those facts in favor of imposing commitment under division 352
(A)(3), (4), (5), or (6) of this section, but those facts shall 353
not control the court's decision.
(2) At the dispositional hearing and prior to making any 355
disposition pursuant to division (A)(4), (5), or (6) of this 356
section, the court shall determine whether the delinquent child 357
previously has been adjudicated a delinquent child for a 358
violation of a law or ordinance. If the delinquent child 359
previously has been adjudicated a delinquent child for a 360
violation of a law or ordinance, the court, for purposes of
entering an order of disposition for the delinquent child under 361
this section, shall consider the previous delinquent child 363
adjudication as a conviction of a violation of the law or 364
10
ordinance in determining the degree of offense the current
delinquent act would be had it been committed by an adult. 365
(E)(1) When a juvenile court commits a delinquent child to 367
the custody of the department of youth services pursuant to this 368
section, the court shall not designate the specific institution 369
in which the department is to place the child but instead shall 371
specify that the child is to be institutionalized or that the 372
institutionalization is to be in a secure facility if that is
required by division (A) of this section. 373
(2) When a juvenile court commits a delinquent child to 375
the custody of the department of youth services, the court shall 376
provide the department with the child's social history, the 377
child's medical records, a copy of the report of any mental 378
examination of the child ordered by the court, the section or 379
sections of the Revised Code violated by the child and the degree 380
of the violation, the warrant to convey the child to the 381
department, and a copy of the court's journal entry ordering the 382
commitment of the child to the legal custody of the department. 383
THE COURT ALSO SHALL COMPLETE THE FORM FOR THE STANDARD 384
PREDISPOSITION INVESTIGATION REPORT THAT IS PREPARED AND 385
FURNISHED BY THE DEPARTMENT OF YOUTH SERVICES PURSUANT TO SECTION 386
5139.04 OF THE REVISED CODE AND PROVIDE THE DEPARTMENT WITH THE
COMPLETED FORM. The department may refuse to accept physical 388
custody of a delinquent child who is committed to the legal 389
custody of the department until the court provides to the 390
department the documents specified in division (E)(2) of this 391
section. No officer or employee of the department who refuses to 392
accept physical custody of a delinquent child who is committed to 394
the legal custody of the department shall be subject to
prosecution or contempt of court for the refusal if the court 395
fails to provide the documents specified in division (E)(2) of 396
this section at the time the court transfers the physical custody 397
of the child to the department. 398
(3) Within five working days after the juvenile court 400
11
commits a delinquent child to the custody of the department of 401
youth services, the court shall provide the department with a 402
copy of the arrest record pertaining to the act for which the 403
child was adjudicated a delinquent child, a copy of any victim 404
impact statement pertaining to that act, and any other 405
information concerning the child that the department reasonably 406
requests. Within twenty working days after the department of 407
youth services receives physical custody of a delinquent child 408
from a juvenile court, the court shall provide the department 409
with a certified copy of the child's birth certificate or the 411
child's social security number, or, if the court made all
reasonable efforts to obtain the information but was 412
unsuccessful, the court shall provide the department with 413
documentation of the efforts it made to obtain the information. 414
(4) When a juvenile court commits a delinquent child to 416
the custody of the department of youth services, the court shall 417
give notice to the school attended by the child of the child's 418
commitment by sending to that school a copy of the court's 419
journal entry ordering the commitment. As soon as possible after 420
receipt of the notice described in this division, the school 421
shall provide the department with the child's school transcript. 422
However, the department shall not refuse to accept a child 423
committed to it, and a child committed to it shall not be held in 424
a county or district detention home, because of a school's 425
failure to provide the school transcript that it is required to 426
provide under division (E)(4) of this section. 427
(5) The department of youth services shall provide the 429
court and the school with an updated copy of the child's school 430
transcript and shall provide the court with a summary of the 431
institutional record of the child when it releases the child from 432
institutional care. The department also shall provide the court 433
with a copy of any portion of the child's institutional record 434
that the court specifically requests within five working days of 435
the request.
12
(6) When a juvenile court commits a delinquent child to 437
the custody of the department of youth services pursuant to 438
division (A)(4) or (5) of this section, the court shall state in 439
the order of commitment the total number of days that the child 440
has been held, as of the date of the issuance of the order, in 441
detention in connection with the delinquent child complaint upon 442
which the order of commitment is based. The department shall 444
reduce the minimum period of institutionalization or minimum 445
period of institutionalization in a secure facility specified in 446
division (A)(4) or (5) of this section by both the total number 447
of days that the child has been so held in detention as stated by 448
the court in the order of commitment and the total number of any 449
additional days that the child has been held in detention 450
subsequent to the order of commitment but prior to the transfer 451
of physical custody of the child to the department.
(F)(1) At any hearing at which a child is adjudicated a 454
delinquent child or as soon as possible after the hearing, the
court shall notify all victims of the delinquent act, who may be 455
entitled to a recovery under any of the following sections, of 456
the right of the victims to recover, pursuant to section 3109.09 457
of the Revised Code, compensatory damages from the child's 458
parents; of the right of the victims to recover, pursuant to 459
section 3109.10 of the Revised Code, compensatory damages from 460
the child's parents for willful and malicious assaults committed 461
by the child; and of the right of the victims to recover an award 462
of reparations pursuant to sections 2743.51 to 2743.72 of the 463
Revised Code. 464
(2) If a child is adjudicated a delinquent child for 467
committing an act that, if committed by an adult, would be 468
aggravated murder, murder, rape, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, 469
involuntary manslaughter, a felony of the first or second degree 471
resulting in the death of or physical harm to a person, 472
complicity in or an attempt to commit any of those offenses, or
13
an offense under an existing or former law of this state that is 473
or was substantially equivalent to any of those offenses and if 474
the court in its order of disposition for that act commits the 475
child to the custody of the department of youth services, the 476
court may make a specific finding that the adjudication should be 477
considered a conviction for purposes of a determination in the 478
future, pursuant to Chapter 2929. of the Revised Code, as to 479
whether the child is a repeat violent offender as defined in 480
section 2929.01 of the Revised Code. If the court makes a 481
specific finding as described in this division, it shall include 482
the specific finding in its order of disposition and in the 483
record in the case.
(G)(1) If a child is adjudicated a delinquent child for 485
committing an act that would be a felony if committed by an adult 487
and if the child caused, attempted to cause, threatened to cause, 488
or created the risk of physical harm to the victim of the act, 489
the court, prior to issuing an order of disposition under this 490
section, shall order the preparation of a victim impact statement 491
by the probation department of the county in which the victim of 492
the act resides, by the court's own probation department, or by a 493
victim assistance program that is operated by the state, a 494
county, a municipal corporation, or another governmental entity. 495
The court shall consider the victim impact statement in 496
determining the order of disposition to issue for the child. 497
(2) Each victim impact statement shall identify the victim 499
of the act for which the child was adjudicated a delinquent 500
child, itemize any economic loss suffered by the victim as a 501
result of the act, identify any physical injury suffered by the 502
victim as a result of the act and the seriousness and permanence 503
of the injury, identify any change in the victim's personal 504
welfare or familial relationships as a result of the act and any 505
psychological impact experienced by the victim or the victim's 506
family as a result of the act, and contain any other information 507
related to the impact of the act upon the victim that the court 508
14
requires. 509
(3) A victim impact statement shall be kept confidential 511
and is not a public record, as defined in section 149.43 of the 512
Revised Code. However, the court may furnish copies of the 513
statement to the department of youth services pursuant to 514
division (E)(3) of this section or to both the adjudicated 515
delinquent child or the adjudicated delinquent child's counsel 516
and the prosecuting attorney. The copy of a victim impact 518
statement furnished by the court to the department pursuant to 519
division (E)(3) of this section shall be kept confidential and is 520
not a public record, as defined in section 149.43 of the Revised 521
Code. The copies of a victim impact statement that are made 522
available to the adjudicated delinquent child or the adjudicated 523
delinquent child's counsel and the prosecuting attorney pursuant 525
to division (G)(3) of this section shall be returned to the court 527
by the person to whom they were made available immediately 528
following the imposition of an order of disposition for the child 529
under this section.
(H)(1) As used in this division, "felony drug abuse 531
offense" has the same meaning as in section 2925.01 of the 532
Revised Code. 533
(2) Sections 2925.41 to 2925.45 of the Revised Code apply 535
to children who are adjudicated or could be adjudicated by a 536
juvenile court to be delinquent children for an act that, if 537
committed by an adult, would be a felony drug abuse offense. 538
Subject to division (B) of section 2925.42 and division (E) of 539
section 2925.43 of the Revised Code, a delinquent child of that 540
nature loses any right to the possession of, and forfeits to the 541
state any right, title, and interest that the delinquent child 542
may have in, property as defined in section 2925.41 and further 544
described in section 2925.42 or 2925.43 of the Revised Code. 545
(I)(1) As used in this section: 547
(a) "Electronic monitoring device," "certified electronic 549
monitoring device," "electronic monitoring system," and 550
15
"certified electronic monitoring system" have the same meanings 551
as in section 2929.23 of the Revised Code. 552
(b) "Electronically monitored house detention" means a 554
period of confinement of a child in the child's home or in other 555
premises specified by the court, during which period of 557
confinement all of the following apply: 558
(i) The child wears, otherwise has attached to the child's 560
person, or otherwise is subject to monitoring by a certified 561
electronic monitoring device or is subject to monitoring by a 562
certified electronic monitoring system. 563
(ii) The child is required to remain in the child's home 565
or other premises specified by the court for the specified period 566
of confinement, except for periods of time during which the child 567
is at school or at other premises as authorized by the court. 568
(iii) The child is subject to monitoring by a central 570
system that monitors the certified electronic monitoring device 571
that is attached to the child's person or that otherwise is being 572
used to monitor the child and that can monitor and determine the 574
child's location at any time or at a designated point in time, or 575
the child is required to participate in monitoring by a certified 577
electronic monitoring system. 578
(iv) The child is required by the court to report 580
periodically to a person designated by the court. 581
(v) The child is subject to any other restrictions and 583
requirements that may be imposed by the court. 584
(2) A juvenile court, pursuant to division (A)(10) of this 586
section, may impose a period of electronically monitored house 587
detention upon a child who is adjudicated a delinquent child for 588
committing an act that, if committed by an adult, would be a 589
criminal offense that would qualify the adult as an eligible 590
offender pursuant to division (A)(3) of section 2929.23 of the 591
Revised Code. The court may impose a period of electronically 592
monitored house detention in addition to or in lieu of any other 593
dispositional order imposed upon the child, except that any 594
16
period of electronically monitored house detention shall not 595
extend beyond the child's eighteenth birthday. If a court 596
imposes a period of electronically monitored house detention upon 597
a child, it shall require the child to wear, otherwise have 598
attached to the child's person, or otherwise be subject to 599
monitoring by a certified electronic monitoring device or to 601
participate in the operation of and monitoring by a certified 602
electronic monitoring system; to remain in the child's home or 603
other specified premises for the entire period of electronically 605
monitored house detention except when the court permits the child 606
to leave those premises to go to school or to other specified 607
premises; to be monitored by a central system that monitors the 608
certified electronic monitoring device that is attached to the 609
child's person or that otherwise is being used to monitor the 610
child and that can monitor and determine the child's location at 611
any time or at a designated point in time or to be monitored by 612
the certified electronic monitoring system; to report 613
periodically to a person designated by the court; and, in return 614
for receiving a dispositional order of electronically monitored 615
house detention, to enter into a written contract with the court 616
agreeing to comply with all restrictions and requirements imposed 617
by the court, agreeing to pay any fee imposed by the court for 618
the costs of the electronically monitored house detention imposed 619
by the court pursuant to division (E) of section 2929.23 of the 620
Revised Code, and agreeing to waive the right to receive credit 621
for any time served on electronically monitored house detention 622
toward the period of any other dispositional order imposed upon 623
the child for the act for which the dispositional order of 624
electronically monitored house detention was imposed if the child 625
violates any of the restrictions or requirements of the 626
dispositional order of electronically monitored house detention. 627
The court also may impose other reasonable restrictions and 628
requirements upon the child.
(3) If a child violates any of the restrictions or 630
17
requirements imposed upon the child as part of the child's 631
dispositional order of electronically monitored house detention, 632
the child shall not receive credit for any time served on 633
electronically monitored house detention toward any other 634
dispositional order imposed upon the child for the act for which 635
the dispositional order of electronically monitored house 637
detention was imposed.
(J) Within ten days after completion of the adjudication, 639
the court shall give written notice of an adjudication that a 640
child is a delinquent child to the superintendent of a city, 641
local, exempted village, or joint vocational school district if 642
the basis of the adjudication was the commission of an act that 643
would be a criminal offense if committed by an adult and that was 644
committed by the delinquent child when the child was sixteen 645
years of age or older and if the act is any of the following: 646
(1) A violation of section 2923.122 of the Revised Code 648
that relates to property owned or controlled by, or to an 649
activity held under the auspices of, the board of education of 650
that school district; 651
(2) A violation of section 2923.12 of the Revised Code or 653
of a substantially similar municipal ordinance that was committed 654
on property owned or controlled by, or at an activity held under 655
the auspices of, the board of education of that school district; 656
(3) A violation of division (A) of section 2925.03 or 658
2925.11 of the Revised Code that was committed on property owned 659
or controlled by, or at an activity held under the auspices of, 660
the board of education of that school district and that is not a 661
minor drug possession offense as defined in section 2925.01 of 662
the Revised Code;
(4) A violation of section 2903.01, 2903.02, 2903.03, 664
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised 666
Code, or a violation of former section 2907.12 of the Revised
Code, that was committed on property owned or controlled by, or 667
at an activity held under the auspices of, the board of education 668
18
of that school district, if the victim at the time of the 670
commission of the act was an employee of the board of education 671
of that school district;
(5) Complicity in any violation described in division 673
(J)(1), (2), (3), or (4) of this section that was alleged to have 675
been committed in the manner described in division (J)(1), (2), 676
(3), or (4) of this section, regardless of whether the act of 678
complicity was committed on property owned or controlled by, or 679
at an activity held under the auspices of, the board of education 680
of that school district. 681
(K) During the period of a delinquent child's probation 683
granted under division (A)(2) of this section, authorized 685
probation officers who are engaged within the scope of their 686
supervisory duties or responsibilities may search, with or 687
without a warrant, the person of the delinquent child, the place
of residence of the delinquent child, and a motor vehicle, 688
another item of tangible or intangible personal property, or 689
other real property in which the delinquent child has a right, 690
title, or interest or for which the delinquent child has the 691
express or implied permission of a person with a right, title, or 692
interest to use, occupy, or possess if the probation officers 693
have reasonable grounds to believe that the delinquent child is 694
not abiding by the law or otherwise is not complying with the 695
conditions of the delinquent child's probation. The court that 696
places a delinquent child on probation under division (A)(2) of 697
this section shall provide the delinquent child with a written 698
notice that informs the delinquent child that authorized 699
probation officers who are engaged within the scope of their 700
supervisory duties or responsibilities may conduct those types of 702
searches during the period of probation if they have reasonable
grounds to believe that the delinquent child is not abiding by 703
the law or otherwise is not complying with the conditions of the 704
delinquent child's probation. The court also shall provide the 705
written notice described in division (C)(2)(b) of section 706
19
2151.411 of the Revised Code to each parent, guardian, or
custodian of the delinquent child who is described in division 707
(C)(2)(a) of that section. 708
Sec. 2151.38. (A) When a child is committed to the legal 717
custody of the department of youth services, the jurisdiction of 718
the juvenile court with respect to the child so committed shall 719
cease and terminate at the time of commitment, except as provided 720
in divisions (B) and (C) of this section and except that, if the 721
department of youth services makes a motion to the court for the 722
termination of permanent custody, the court upon the motion, 723
after notice and hearing and for good cause shown, may terminate 724
permanent custody at any time prior to the child's attainment of 725
eighteen years of age. The court shall make disposition of the 727
matter in whatever manner will serve the best interests of the 728
child. Subject to divisions (B) and (C) of this section, 729
sections 2151.353 and 2151.411 to 2151.421 of the Revised Code, 730
and any other provision of law that specifies a different 732
duration for a commitment, all other commitments made by the 733
court shall be temporary and shall continue for a period that is 734
designated by the court in its order, until terminated or
modified by the court or until the child attains twenty-one years 735
of age.
(B)(1)(a) If a child is committed to the department of 737
youth services pursuant to division (A)(4) or (5) of section 738
2151.355 of the Revised Code, except as provided in division 739
(B)(1)(b) and (c) of this section and in section 5139.38 of the 741
Revised Code,. THE RELEASE AUTHORITY OF the department shall not 743
release the child from institutional care or institutional care 744
in a secure facility and as a result shall not discharge the 745
child, OR order the child's release on parole, or assign the 747
child to a family home, group care facility, or other place for 748
treatment or rehabilitation, SUPERVISED RELEASE prior to the 749
expiration of the prescribed minimum period of 751
institutionalization or institutionalization in a secure 752
20
facility, unless the department, the child, or the child's parent 754
requests an early release from institutional care or 755
institutional care in a secure facility from the court that 756
committed the child and the court approves the early release in a 757
journal entry, or unless the court on its own motion grants an 758
early release. A request for early release by the department, 759
the child, or the child's parent shall be made only in accordance 760
with division (B)(2) of this section. 761
If a child is committed to the department of youth services 764
pursuant to division (A)(6) of section 2151.355 of the Revised 765
Code, except as provided in division (B)(1)(b) and (c) of this 766
section and in section 5139.38 of the Revised Code, the 768
department shall not release the child from institutional care in 769
a secure facility, and as a result shall not discharge the child, 770
order the child's release on parole, or assign the child to a 772
family home, group care facility, or other place for treatment or 773
rehabilitation, prior to the child's attainment of twenty-one 774
years of age, unless the department, the child, or the child's 776
parent requests an early release from institutional care in a 777
secure facility from the court that committed the child and the 778
court approves the early release in a journal entry, or unless 779
the court on its own motion grants an early release. A request 780
for early release by the department, the child, or the child's 781
parent shall be made only in accordance with division (B)(2) of 782
this section.
(b) If a child is committed to the department of youth 785
services pursuant to division (A)(7) of section 2151.355 of the 786
Revised Code, the department shall not release the child from 788
institutional care in a secure facility, and as a result shall 789
not discharge the child, order the child's release on parole, or 791
assign the child to a family home, group care facility, or other
place for treatment or rehabilitation, prior to the expiration of 793
the period of commitment required to be imposed by that division 795
and prior to the expiration of the prescribed minimum period of 796
21
institutionalization or institutionalization in a secure facility 797
under division (A)(4) or (5) of that section if either of those 799
divisions applies or prior to the child's attainment of
twenty-one years of age if division (A)(6) of that section 800
applies, unless the department, the child, or the child's parent 801
requests an early release from institutional care or 802
institutional care in a secure facility from the court that 803
committed the child, and the court approves the early release in 804
a journal entry, or unless the court on its own motion grants an 805
early release. The department, the child, or the child's parent 806
shall make a request for early release only in accordance with 807
division (B)(2) of this section.
(c) If a child is adjudicated a delinquent child for 810
committing two or more acts that would be felonies if committed
by an adult, if the court entering the delinquent child 811
adjudication ordered the commitment of the child to the legal 812
custody of the department of youth services for 813
institutionalization or institutionalization in a secure facility
pursuant to division (A)(4), (5), or (6) of section 2151.355 of 815
the Revised Code, and if pursuant to division (B)(2) of that 817
section the court ordered the periods of commitment imposed under 818
division (A)(4), (5), or (6) of that section for each of those 820
delinquent acts to be served consecutively in the legal custody
of the department, the department shall not release the child 822
from institutional care or institutional care in a secure 823
facility, and as a result shall not discharge the child, order 825
the child's release on parole, or assign the child to a family 826
home, group care facility, or other place for treatment or 827
rehabilitation, prior to the expiration of any period of 828
commitment imposed under division (A)(7) of that section and 829
prior to the earlier of the expiration of the prescribed minimum 830
periods or prescribed periods of institutionalization or 831
institutionalization in a secure facility imposed under division 832
(A)(4), (5), or (6) of that section for each of those delinquent 833
22
acts or the child's attainment of twenty-one years of age, unless 834
the department, the child, or the child's parent requests an 835
early release from institutional care or institutional care in a 836
secure facility from the court that committed the child, and the
court approves the early release in a journal entry, or unless 837
the court on its own motion grants an early release. The 838
department, the child, or the child's parent shall make a request 839
for early release only in accordance with division (B)(2) of this 840
section.
(2)(a) If OR PRIOR TO THE CHILD'S ATTAINMENT OF TWENTY-ONE 842
YEARS OF AGE, EXCEPT UPON THE ORDER OF A COURT PURSUANT TO 844
DIVISION (B) OR (C) OF THIS SECTION OR IN ACCORDANCE WITH SECTION 847
5139.54 OF THE REVISED CODE. 849
(B)(1) IF THE DEPARTMENT OF YOUTH SERVICES DESIRES TO 851
RELEASE A CHILD DURING THE FIRST ONE HUNDRED SIXTY DAYS FROM THE 853
DAY ON WHICH THE CHILD BEGAN INSTITUTIONAL CARE OR INSTITUTIONAL 854
CARE IN A SECURE FACILITY, IT SHALL REQUEST THE COURT THAT 855
COMMITTED THE CHILD TO THE DEPARTMENT FOR A JUDICIAL RELEASE OF 856
THE CHILD FROM INSTITUTIONAL CARE OR INSTITUTIONAL CARE IN A 857
SECURE FACILITY. DURING THAT ONE-HUNDRED-SIXTY-DAY PERIOD, THE
CHILD OR THE PARENTS OF THE CHILD ALSO MAY REQUEST THAT COURT TO 858
GRANT A JUDICIAL RELEASE OF THE CHILD FROM INSTITUTIONAL CARE OR 859
INSTITUTIONAL CARE IN A SECURE FACILITY. UPON RECEIPT OF A 860
REQUEST FOR A JUDICIAL RELEASE FROM THE DEPARTMENT, THE CHILD, OR 861
THE CHILD'S PARENT OR UPON ITS OWN MOTION, THE COURT THAT 862
COMMITTED THE CHILD SHALL APPROVE THE JUDICIAL RELEASE FROM 863
INSTITUTIONAL CARE OR INSTITUTIONAL CARE IN A SECURE FACILITY BY 864
JOURNAL ENTRY, SHALL SCHEDULE WITHIN TWENTY DAYS AFTER THE 865
REQUEST IS RECEIVED A TIME FOR A HEARING ON WHETHER THE CHILD IS 866
TO BE RELEASED, OR SHALL REJECT THE REQUEST BY JOURNAL ENTRY 867
WITHOUT CONDUCTING A HEARING. IF THE COURT REJECTS AN INITIAL 868
REQUEST FOR A JUDICIAL RELEASE BY THE CHILD OR THE CHILD'S 870
PARENT, THE CHILD OR THE CHILD'S PARENT MAY MAKE ONE ADDITIONAL 871
REQUEST FOR A JUDICIAL RELEASE WITHIN THE ONE-HUNDRED-SIXTY-DAY 872
23
PERIOD. THE CHILD OR THE CHILD'S PARENT MAY MAKE THE ADDITIONAL 873
REQUEST NO EARLIER THAN THIRTY DAYS AFTER THE FILING OF THE PRIOR 874
REQUEST FOR A JUDICIAL RELEASE. UPON THE FILING BY THE CHILD OR
THE CHILD'S PARENT OF A SECOND REQUEST FOR A JUDICIAL RELEASE, 876
THE COURT SHALL EITHER APPROVE OR DISAPPROVE THE JUDICIAL RELEASE 878
BY JOURNAL ENTRY OR SCHEDULE WITHIN TWENTY DAYS AFTER THE REQUEST 879
IS RECEIVED A TIME FOR A HEARING ON WHETHER THE CHILD IS TO BE 880
RELEASED.
(2) IF A COURT SCHEDULES A HEARING TO DETERMINE WHETHER A 882
CHILD SHOULD BE GRANTED A JUDICIAL RELEASE UNDER DIVISION (B)(1) 884
OF THIS SECTION, IT MAY ORDER THE DEPARTMENT TO DELIVER THE CHILD 885
TO THE COURT ON THE DATE SET FOR THE HEARING AND MAY ORDER THE 886
DEPARTMENT TO PRESENT TO THE COURT A REPORT ON THE CHILD'S 887
PROGRESS IN THE INSTITUTION TO WHICH THE CHILD WAS COMMITTED AND 888
RECOMMENDATIONS FOR TERMS AND CONDITIONS OF SUPERVISION OF THE 889
CHILD BY THE COURT AFTER RELEASE. THE COURT MAY CONDUCT THE 890
HEARING WITHOUT THE CHILD BEING PRESENT. THE COURT SHALL 891
DETERMINE AT THE HEARING WHETHER THE CHILD SHOULD BE GRANTED A 892
JUDICIAL RELEASE FROM INSTITUTIONALIZATION OR
INSTITUTIONALIZATION IN A SECURE FACILITY. IF THE COURT APPROVES 894
THE JUDICIAL RELEASE, THE COURT SHALL ORDER ITS STAFF TO PREPARE 895
A WRITTEN TREATMENT AND REHABILITATION PLAN FOR THE CHILD THAT 896
INCLUDES ANY TERMS AND CONDITIONS OF THE CHILD'S RELEASE 897
RECOMMENDED BY THE DEPARTMENT. THE COMMITTING COURT SHALL SEND
THE JUVENILE COURT OF THE COUNTY IN WHICH THE CHILD IS PLACED A 898
COPY OF THE RECOMMENDED PLAN AND THE TERMS AND CONDITIONS SET BY 899
THE COMMITTING COURT. THE COURT OF THE COUNTY IN WHICH THE CHILD 901
IS PLACED MAY ADOPT THE RECOMMENDED TERMS AND CONDITIONS SET BY 902
THE COMMITTING COURT AS AN ORDER OF THE COURT AND MAY ADD ANY 903
OTHER CONSISTENT TERMS AND CONDITIONS IT CONSIDERS APPROPRIATE. 904
(C)(1) IF A CHILD IS COMMITTED TO THE DEPARTMENT OF YOUTH 906
SERVICES AND HAS BEEN IN INSTITUTIONAL CARE OR INSTITUTIONAL CARE 907
IN A SECURE FACILITY FOR ONE HUNDRED SIXTY DAYS OR MORE, IF THE 908
PRESCRIBED MINIMUM PERIOD OF INSTITUTIONALIZATION OR OTHER 910
24
STATUTORILY REQUIRED PERIOD OF INSTITUTIONALIZATION HAS NOT 911
EXPIRED, AND IF the department of youth services desires to 912
release a THE child committed to it pursuant to division (A)(4) 914
or (5) of section 2151.355 of the Revised Code from institutional 915
care or institutional care in a secure facility prior to the 916
expiration of the prescribed minimum periods of 919
institutionalization, if it desires to release a child committed 920
to it pursuant to division (A)(6) of that section from 921
institutional care in a secure facility prior to the child's
attainment of twenty-one years of age, if it desires to release a 923
child committed to it pursuant to division (A)(7) of that section 924
from institutional care in a secure facility prior to the 925
expiration of the period of commitment required to be imposed by 926
that division and prior to the expiration of the prescribed 927
minimum period of institutionalization or institutionalization in 928
a secure facility under division (A)(4) or (5) of that section if 929
either of those divisions applies or prior to the child's 930
attainment of twenty-one years of age if division (A)(6) of that 931
section applies, or if it desires to release a child committed to 932
it under the circumstances described in division (B)(1)(c) of 934
this section prior to the expiration of the prescribed minimum 935
periods or prescribed periods of institutionalization or 937
institutionalization in a secure facility described in that 938
division, except as provided in section 5139.38 of the Revised 939
Code, it shall request the court that committed the child for an 940
early release from institutional care or institutional care in a 941
secure facility.
Upon receipt of a request for a child's early release filed 943
by the department under this section at any time or upon its own 944
motion at any time, the court that committed the child to the 945
department shall approve the early release from institutional 946
care or institutional care in a secure facility by journal entry, 947
shall schedule a time within thirty days for a hearing on whether 949
the child is to be released, or shall reject the request by 950
25
journal entry without conducting a hearing. 951
(b) If a child who has been committed to the department 953
pursuant to division (A)(4), (5), (6), or (7) of section 2151.355 954
of the Revised Code or the parents of a child so committed seek 955
the child's early release from institutional care or 957
institutional care in a secure facility as described in division 958
(B)(1)(a), (b), or (c) of this section DURING THAT PERIOD BETWEEN 959
ONE HUNDRED SIXTY DAYS AND THE EXPIRATION OF THE REQUIRED MINIMUM 960
OR OTHER PERIOD OF INSTITUTIONALIZATION OR INSTITUIONALIZATION IN 961
A SECURE FACILITY, the child or the child's parent shall ALSO MAY 962
request the court that committed the child to grant an early 963
release. No request of that type initially may be made prior to 964
the expiration of thirty days from the day on which the child 965
began institutional care or institutional care in a secure 966
facility. Upon the filing RECEIPT of an initial A request for 969
early release FROM THE DEPARTMENT, THE CHILD, OR THE CHILD'S 970
PARENT OR UPON ITS OWN MOTION AT ANY TIME DURING THAT PERIOD, the
court shall approve the early release by journal entry, shall 972
schedule a time within thirty days AFTER RECEIPT OF THE REQUEST 973
for a hearing on whether the child is to be released, or shall 975
reject the request by journal entry without conducting a hearing. 976
If THE COURT REJECTS an initial request for early release is 977
rejected BY THE CHILD OR THE CHILD'S PARENTS, WITHIN THE PERIOD
PRESCRIBED IN DIVISION (C)(1) OF THIS SECTION, the child or the 979
child's parent may make one or more subsequent requests for early 980
release but may make no more than one request for early release 981
during each period of ninety days that the child is 982
institutionalized or institutionalized in a secure facility after 983
the filing of a prior request for early release. Upon the filing 984
of any A request for early release subsequent to an initial 985
request, the court shall either approve or disapprove the early 986
release by journal entry or schedule a time within thirty days 987
AFTER RECEIPT OF THE REQUEST A TIME for a hearing on whether the
child is to be released. 988
26
(c)(2) If a court schedules a hearing to determine whether 990
a child committed to the department should be granted an early 991
release, either upon receipt of a request filed by the department 992
under division (B)(2)(a) of this section or filed by the child or 993
the child's parent in accordance with the time periods prescribed 994
in division (B)(2)(b) of this section, or upon its own motion, it 995
may order the department to deliver the child to the court on the 996
date set for the hearing and shall order the department to 997
present to the court at that time a treatment plan for the 998
child's post-institutional care. The court may conduct the 999
hearing without the child being present. The court shall 1,000
determine at the hearing whether the child should be released 1,001
GRANTED AN EARLY RELEASE from institutionalization or 1,003
institutionalization in a secure facility. If the court approves 1,004
the early release, the department shall prepare a written 1,005
treatment and rehabilitation plan for the child pursuant to 1,006
division (D)(E) of this section that shall include the terms and 1,008
conditions of the child's release. It shall send the committing 1,009
court and the juvenile court of the county in which the child is 1,010
placed a copy of the plan and the terms and conditions that it 1,011
fixed. The court of the county in which the child is placed may 1,012
adopt the terms and conditions set by the department as an order 1,013
of the court and may add any additional consistent terms and 1,014
conditions it considers appropriate. If 1,015
(D) IF a child is released under this division (B) OR (C) 1,018
OF THIS SECTION and the court of the county in which the child is 1,019
placed has reason to believe that the child has CHILD'S 1,020
DEPORTMENT IS not deported himself or herself in accordance with 1,022
any THE post-release terms and conditions established by the 1,023
court in its journal entry, the court of the county in which the 1,024
child is placed shall schedule a time for a hearing on whether 1,025
the child violated any of the post-release terms and conditions. 1,026
If the THAT court of the county in which the child is placed 1,028
determines at the hearing that the child violated any of the 1,029
27
post-release terms and conditions established by the court in its 1,030
journal entry, the court, if it determines that the violation of 1,031
the terms and conditions was a serious violation, may order the 1,032
child to be returned to the department for institutionalization 1,033
or institutionalization in a secure facility, consistent with the 1,034
original order of commitment of the child, or in any case may 1,035
make any other disposition of the child authorized by law that 1,036
the court considers proper. If the court of the county in which 1,037
the child is placed orders the child to be returned to a 1,038
department of youth services institution, the time during which 1,039
the child was institutionalized or institutionalized in a secure 1,040
facility prior to the child's JUCIDIAL RELEASE OR early release 1,041
shall be considered as time served in fulfilling the prescribed 1,042
minimum period or prescribed period of institutionalization or 1,043
institutionalization in a secure facility that is applicable to 1,045
the child under the child's original order of commitment. If the 1,046
court orders the child returned to a department of youth services 1,047
institution, the child shall remain in institutional care for a 1,048
minimum period of three months or until the child successfully 1,049
completes a specialized parole SUPERVISED RELEASE revocation 1,050
program of a duration of not less than thirty days operated 1,051
either by the department or by an entity with whom the department 1,052
has contracted to provide a specialized parole SUPERVISED RELEASE 1,053
revocation program.
(C) If a child is committed to the department of youth 1,055
services pursuant to division (A)(4) or (5) of section 2151.355 1,056
of the Revised Code and the child has been institutionalized or 1,057
institutionalized in a secure facility for the prescribed minimum 1,059
periods of time under those divisions, the department, without 1,060
approval of the court that committed the child, may release the 1,061
child from institutional care or discharge the child. If the 1,062
department releases the child from institutional care and then 1,063
orders the child's release on parole or assigns the child to a 1,064
family home, group care facility, or other place for treatment or 1,066
28
rehabilitation, the department also shall prepare a written 1,067
treatment and rehabilitation plan for the child pursuant to 1,068
division (D) of this section that shall include the terms and 1,069
conditions of the child's release or assignment, and shall send 1,070
the committing court and the juvenile court of the county in 1,071
which the child is placed a copy of the plan and the terms and 1,072
conditions that it fixed. The court of the county in which the 1,073
child is placed may adopt the terms and conditions as an order of 1,074
the court and may add any additional consistent terms and 1,075
conditions it considers appropriate. The release, discharge, 1,076
release on parole, or assignment shall be in accordance with 1,077
division (C) of section 5139.06 of the Revised Code. Upon 1,078
notification of a pending release, discharge, release on parole, 1,079
or assignment in accordance with that division, the committing 1,080
court shall enter the notification in its journal. If a child is 1,081
released on parole or is assigned subject to specified terms and 1,082
conditions and the court of the county in which the child is 1,083
placed has reason to believe that the child has not deported 1,084
himself or herself in accordance with any post-release terms and 1,086
conditions established by the court in its journal entry, the 1,087
court of the county in which the child is placed, in its 1,088
discretion, may schedule a time for a hearing on whether the 1,089
child violated any of the post-release terms and conditions. If 1,090
the court of the county in which the child is placed conducts a 1,091
hearing and determines at the hearing that the child violated any 1,092
of the post-release terms and conditions established in its 1,093
journal entry, the court, if it determines that the violation of 1,094
the terms and conditions was a serious violation, may order the 1,095
child to be returned to the department of youth services for 1,096
institutionalization, or in any case may make any other 1,097
disposition of the child authorized by law that the court 1,098
considers proper. If the court of the county in which the child 1,099
is placed orders the child to be returned to a department of 1,100
youth services institution, the child shall remain 1,101
29
institutionalized for a minimum period of three months or until 1,102
the child successfully completes a specialized parole revocation 1,103
program of a duration of not less than thirty days operated 1,104
either by the department or by an entity with whom the department 1,105
has contracted to provide a specialized parole revocation 1,106
program. 1,107
(D)(E) The department of youth services, prior to the 1,109
release of a child pursuant to division (B) or (C) of this 1,110
section, shall do all of the following: 1,111
(1) After reviewing the child's rehabilitative progress 1,113
history and medical and educational records, prepare a written 1,114
treatment and rehabilitation plan for the child that shall 1,115
include terms and conditions of the release; 1,116
(2) Completely discuss the terms and conditions of the 1,118
plan prepared pursuant to division (D)(1)(E)(1) of this section 1,120
and the possible penalties for violation of the plan with the 1,121
child and the child's parents, guardian, or legal custodian; 1,122
(3) Have the plan prepared pursuant to division 1,124
(D)(1)(E)(1) of this section signed by the child, the child's 1,126
parents, legal guardian, or custodian, and any authority or 1,128
person that is to supervise, control, and provide supportive 1,129
assistance to the child at the time of the child's release 1,130
pursuant to division (B) or (C) of this section; 1,131
(4) File a copy of the treatment plan prepared pursuant to 1,133
division (D)(1)(E)(1) of this section, prior to the child's 1,134
release, with the committing court and the juvenile court of the 1,136
county in which the child is to be placed. 1,137
(E)(F) The department of youth services shall file a 1,139
written progress report with the committing court regarding each 1,140
child released pursuant to division (B) or (C) of this section, 1,141
at least once every thirty days unless specifically directed 1,142
otherwise by the court. The report shall indicate the treatment 1,143
and rehabilitative progress of the child and the child's family, 1,144
if applicable, and shall include any suggestions and 1,145
30
recommendations for alteration of the program, custody, living 1,146
arrangements, or treatment. The department shall retain legal 1,147
custody of a child so released until it discharges the child or 1,148
until the custody is terminated as otherwise provided by law. 1,149
Sec. 5139.01. (A) As used in this chapter: 1,158
(1) "Commitment" means the transfer of the physical 1,160
custody of a child or youth from the court to the department of 1,161
youth services. 1,162
(2) "Permanent commitment" means a commitment that vests 1,164
legal custody of a child in the department of youth services. 1,165
(3) "Legal custody," insofar as it pertains to the status 1,167
that is created when a child is permanently committed to the 1,168
department of youth services, means a legal status in which the 1,169
department has the following rights and responsibilities: the 1,170
right to have physical possession of the child; the right and 1,171
duty to train, protect, and control the child; the responsibility 1,173
to provide the child with food, clothing, shelter, education, and 1,175
medical care; and the right to determine where and with whom the 1,176
child shall live, subject to the minimum periods of, or periods 1,178
of, institutional care prescribed in section 2151.355 of the 1,180
Revised Code; provided, that these rights and responsibilities 1,181
are exercised subject to the powers, rights, duties, and 1,182
responsibilities of the guardian of the person of the child, and 1,183
subject to any residual parental rights and responsibilities. 1,184
(4) Unless the context requires a different meaning, 1,186
"institution" means a state facility that is created by the 1,187
general assembly and that is under the management and control of 1,188
the department of youth services or a private entity with which 1,189
the department has contracted for the institutional care and 1,190
custody of felony delinquents.
(5) "Full-time care" means care for twenty-four hours a 1,192
day for over a period of at least two consecutive weeks. 1,193
(6) "Placement" means the conditional release of a child 1,195
under the terms and conditions that are specified by the 1,196
31
department of youth services. The department shall retain legal 1,197
custody of a child released pursuant to division (B) of section 1,198
2151.38 of the Revised Code or division (C) of section 5139.06 of 1,199
the Revised Code until the time that it discharges the child or 1,200
until the legal custody is terminated as otherwise provided by 1,201
law. 1,202
(7) "Home placement" means the placement of a child in the 1,204
home of the child's parent or parents or in the home of the 1,205
guardian of the child's person. 1,207
(8) "Discharge" means that the department of youth 1,209
services' legal custody of a child is terminated. 1,210
(9) "Release" means the termination of a child's stay in 1,212
an institution. A child released pursuant to division (B) of 1,213
section 2151.38 or pursuant to division (C) of section 5139.06 of 1,214
the Revised Code shall be on parole until discharged pursuant to 1,215
division (C)(5) of section 5139.06 of the Revised Code or until 1,216
legal custody is terminated as otherwise provided by law AND THE 1,217
SUBSEQUENT PERIOD DURING WHICH THE CHILD RETURNS TO THE COMMUNITY 1,218
UNDER THE TERMS AND CONDITIONS OF SUPERVISED RELEASE. 1,219
(10) "Delinquent child" has the same meaning as in section 1,221
2151.02 of the Revised Code. 1,222
(11) "Felony delinquent" means any child who is at least 1,224
twelve years of age but less than eighteen years of age and who 1,225
is adjudicated a delinquent child for having committed an act 1,226
that if committed by an adult would be a felony. "Felony 1,227
delinquent" includes any adult who is between the ages of 1,228
eighteen and twenty-one and who is in the legal custody of the 1,229
department of youth services for having committed an act that if 1,230
committed by an adult would be a felony. 1,231
(12) "Juvenile traffic offender" has the same meaning as 1,233
in section 2151.021 of the Revised Code. 1,234
(13) "Public safety beds" INCLUDES A CHILD DESCRIBED IN 1,236
DIVISION (I) OF SECTION 5139.52 OF THE REVISED CODE AND ALSO 1,237
means all of the following:
32
(a) Felony delinquents who have been committed to the 1,239
department of youth services for the commission of an act, other 1,240
than a violation of section 2911.01 or 2911.11 of the Revised 1,241
Code, that is a category one offense or a category two offense 1,242
and who are in the care and custody of an institution or have 1,243
been diverted from care and custody in an institution and placed 1,244
in a community corrections facility; 1,245
(b) Felony delinquents who, while committed to the 1,247
department of youth services and in the care and custody of an 1,248
institution or a community corrections facility, are adjudicated 1,249
delinquent children for having committed in that institution or 1,250
community corrections facility an act that if committed by an 1,251
adult would be a felony or a misdemeanor;
(c) Children who satisfy all of the following: 1,253
(i) They are at least twelve years of age but less than 1,256
eighteen years of age.
(ii) They are adjudicated delinquent children for having 1,259
committed acts that if committed by an adult would be a felony. 1,260
(iii) They are committed to the department of youth 1,263
services by the juvenile court of a county that has had one-tenth 1,264
of one per cent or less of the statewide adjudications for felony 1,265
delinquents as averaged, through December 31, 1995, for the past
two fiscal years or as averaged, on and after January 1, 1996, 1,266
for the past four fiscal years. 1,267
(iv) They are in the care and custody of an institution or 1,269
a community corrections facility. 1,270
(d) Felony delinquents who, while committed to the 1,272
department of youth services and in the care and custody of an 1,273
institution, commit in that institution an act that if committed 1,274
by an adult would be a felony, who are serving administrative 1,275
time, as defined by rules of the department adopted pursuant to 1,276
division (E) of section 5139.04 of the Revised Code, for having
committed that act, and who have been institutionalized or 1,277
institutionalized in a secure facility for the minimum period of 1,278
33
time specified in division (A)(4) or (5) of section 2151.355 of 1,279
the Revised Code.
(e) Felony delinquents who are subject to and serving a 1,281
three-year period of commitment order imposed by a juvenile court 1,282
pursuant to division (A)(7) of section 2151.355 of the Revised 1,284
Code for an act, other than a violation of section 2911.11 of the 1,285
Revised Code, that would be a category one offense or category 1,286
two offense if committed by an adult.
(14) "State target youth" means twenty-five per cent of 1,288
the projected total number of felony delinquents for each year of 1,289
a biennium, factoring in revocations and recommitments. 1,290
(15) Unless the context requires a different meaning, 1,292
"community corrections facility" means a county or multicounty 1,293
rehabilitation center for felony delinquents who have been 1,294
committed to the department of youth services and diverted from 1,295
care and custody in an institution and placed in the 1,296
rehabilitation center pursuant to division (E) of section 5139.36 1,297
of the Revised Code. 1,298
(16) "Secure facility" means any facility that is designed 1,300
and operated to ensure that all of its entrances and exits are 1,301
under the exclusive control of its staff and to ensure that, 1,302
because of that exclusive control, no child who has been 1,303
institutionalized in the facility may leave the facility without
permission or supervision. 1,304
(17) "Community residential program" means a program that 1,306
satisfies both of the following: 1,307
(a) It is housed in a building or other structure that has 1,309
no associated major restraining construction, including, but not 1,310
limited to, a security fence. 1,311
(b) It provides twenty-four-hour care, supervision, and 1,313
programs for felony delinquents who are in residence. 1,314
(18) "Category one offense" and "category two offense" 1,316
have the same meanings is in section 2151.26 of the Revised Code. 1,317
(19) "REVOCATION" MEANS THE ACT OF REVOKING A CHILD'S 1,319
34
SUPERVISED RELEASE FOR A VIOLATION OF A TERM OR CONDITION OF THE 1,320
CHILD'S SUPERVISED RELEASE AND THE RETURN OF THE CHILD TO A 1,321
SECURE FACILITY OR A DESIGNATED SECURE OR NONSECURE RESIDENTIAL 1,322
PROGRAM, INCLUDING A COMMUNITY CORRECTIONS FACILITY. 1,323
(20) "RELEASE AUTHORITY" MEANS THE RELEASE AUTHORITY OF 1,326
THE DEPARTMENT OF YOUTH SERVICES THAT IS ESTABLISHED BY SECTION
5139.50 OF THE REVISED CODE. 1,328
(21) "SUPERVISED RELEASE" MEANS THE EVENT OF THE RELEASE 1,331
OF A CHILD FROM A SECURE FACILITY AND THE PERIOD AFTER THAT 1,332
RELEASE DURING WHICH THE CHILD IS SUPERVISED AND ASSISTED BY AN 1,333
EMPLOYEE OF THE DEPARTMENT OF YOUTH SERVICES UNDER SPECIFIC TERMS
AND CONDITIONS FOR REINTEGRATION OF THE CHILD INTO THE COMMUNITY. 1,334
(22) "VICTIM" MEANS THE PERSON IDENTIFIED IN A POLICE 1,337
REPORT, COMPLAINT, OR INFORMATION AS THE VICTIM OF AN ACT THAT 1,339
WOULD HAVE BEEN A CRIMINAL OFFENSE IF COMMITTED BY AN ADULT AND 1,340
THAT PROVIDED THE BASIS FOR ADJUDICATION PROCEEDINGS RESULTING IN 1,341
A CHILD'S COMMITMENT TO THE LEGAL CUSTODY OF THE DEPARTMENT OF 1,342
YOUTH SERVICES.
(23) "VICTIM'S REPRESENTATIVE" MEANS A MEMBER OF THE 1,344
VICTIM'S FAMILY OR ANOTHER PERSON WHOM THE VICTIM DESIGNATES TO 1,345
REPRESENT THE VICTIM WITH RESPECT TO PROCEEDINGS OF THE RELEASE 1,346
AUTHORITY OF THE DEPARTMENT OF YOUTH SERVICES. 1,347
(24) "MEMBER OF THE VICTIM'S FAMILY" MEANS A SPOUSE, 1,349
CHILD, STEPCHILD, SIBLING, PARENT, STEPPARENT, GRANDPARENT, OR 1,350
OTHER RELATIVE OF A CHILD BUT DOES NOT INCLUDE A PERSON CHARGED 1,351
WITH, CONVICTED OF, OR ADJUDICATED A DELINQUENT CHILD FOR A 1,352
CRIMINAL OR DELINQUENT ACT COMMITTED AGAINST THE VICTIM OR 1,353
ANOTHER CRIMINAL OR DELINQUENT ACT ARISING OUT OF THE SAME 1,355
CONDUCT, CRIMINAL OR DELINQUENT EPISODE, OR PLAN AS THE CRIMINAL 1,356
OR DELINQUENT ACT COMMITTED AGAINST THE VICTIM.
(B) There is hereby created the department of youth 1,358
services. The governor shall appoint the director of the 1,359
department with the advice and consent of the senate. The 1,360
director shall hold office during the term of the appointing 1,361
35
governor but subject to removal at the pleasure of the governor. 1,362
Except as otherwise authorized in section 108.05 of the Revised 1,363
Code, the director shall devote the director's entire time to the 1,365
duties of the director's office and shall hold no other office or 1,366
position of trust or profit during the director's term of office. 1,368
The director is the chief executive and administrative 1,370
officer of the department and has all the powers of a department 1,371
head set forth in Chapter 121. of the Revised Code. The director 1,373
may adopt rules for the government of the department, the conduct 1,374
of its officers and employees, the performance of its business, 1,375
and the custody, use, and preservation of the department's 1,376
records, papers, books, documents, and property. The director 1,377
shall be an appointing authority within the meaning of Chapter 1,378
124. of the Revised Code. Whenever this or any other chapter or 1,379
section of the Revised Code imposes a duty on or requires an 1,380
action of the department, the duty or action shall be performed 1,381
by the director or, upon the director's order, in the name of the 1,382
department. 1,383
Sec. 5139.04. The department of youth services shall do 1,392
all of the following: 1,393
(A) Support service districts through a central 1,395
administrative office that shall have as its administrative head 1,396
a deputy director who shall be appointed by the director of the 1,397
department. When a vacancy occurs in the office of that deputy 1,398
director, an assistant deputy director shall act as that deputy 1,400
director until the vacancy is filled. The position of deputy 1,401
director and assistant deputy director described in this division 1,402
shall be in the unclassified civil service of the state. 1,404
(B) Receive custody of all children committed to it under 1,406
Chapter 2151. of the Revised Code, cause a study to be made of 1,407
those children, and issue any orders, as it considers best suited 1,408
to the needs of any of those children and the interest of the 1,409
public, for the treatment of each of those children; 1,410
(C) Obtain personnel necessary for the performance of its 1,412
36
duties; 1,413
(D) Train or provide for training of probation and youth 1,415
correction workers; 1,416
(E) Adopt rules that regulate its organization and 1,419
operation, that implement sections 5139.41 to 5139.46 of the 1,422
Revised Code, that define administrative time for purposes of
division (A)(13)(d) of section 5139.01 of the Revised Code, and 1,424
that pertain to the administration of other sections of this 1,426
chapter;
(F) Submit reports of its operations to the governor and 1,428
the general assembly by the thirty-first day of January of each 1,429
odd-numbered year; 1,430
(G) Conduct a program of research in diagnosis, training, 1,432
and treatment of delinquent children to evaluate the 1,433
effectiveness of the department's services and to develop more 1,434
adequate methods; 1,435
(H) Receive reports from the juvenile courts under 1,437
division (C)(3)(b) of section 5139.43 of the Revised Code and 1,438
prepare an annual report of state juvenile court statistics and 1,439
information based upon those reports. The department shall make 1,440
available a copy of the annual report to the governor and members 1,441
of the general assembly upon request. 1,442
(I) DEVELOP A STANDARD FORM FOR THE PREDISPOSITION 1,444
INVESTIGATION REPORT THAT A JUVENILE COURT IS REQUIRED PURSUANT 1,445
TO SECTION 2151.355 OF THE REVISED CODE TO COMPLETE AND PROVIDE 1,446
TO THE DEPARTMENT WHEN THE COURT COMMITS A CHILD TO THE LEGAL 1,447
CUSTODY OF THE DEPARTMENT;
(J) Do all other acts necessary or desirable to carry out 1,449
this chapter. 1,450
Sec. 5139.05. (A) The juvenile court may commit any child 1,459
to the department of youth services permanently as authorized in 1,460
section 2151.355 of the Revised Code, provided that any child so 1,461
committed shall be at least twelve years of age at the time of 1,462
the child's commitment. Any order to commit a child to an 1,463
37
institution under the control and management of the department 1,465
shall have the effect of ordering that the child be committed to 1,466
the department and assigned to an institution as follows: 1,467
(1) For an indefinite term consisting of the prescribed 1,470
minimum period of time and a maximum period not to exceed the 1,471
child's attainment of twenty-one years of age, if the child was 1,472
committed pursuant to division (A)(4) or (5) of section 2151.355 1,473
of the Revised Code;
(2) Until the child's attainment of twenty-one years of 1,475
age, if the child was committed pursuant to division (A)(6) of 1,477
that section;
(3) For a period of commitment that shall be in addition 1,479
to, and shall be served consecutively with and prior to, a period 1,480
of commitment described in division (A)(1) or (2) of this 1,481
section, if the child was committed pursuant to division (A)(7) 1,482
of section 2151.355 of the Revised Code; 1,484
(4) For any period of commitment imposed under division 1,486
(A)(7) of section 2151.355 of the Revised Code and for 1,489
consecutive periods of commitment as described in division (A)(1) 1,490
or (2) of this section, if the child was the subject of a 1,491
consecutive periods of commitment order issued by the court 1,492
pursuant to division (B)(2) of section 2151.355 of the Revised 1,493
Code.
(B) The RELEASE AUTHORITY OF THE department of youth 1,495
services may grant the release from institutionalization of any 1,497
child committed to it pursuant to division (A)(4), (5), (6), or 1,498
(7) of section 2151.355 of the Revised Code in a manner 1,499
consistent with section 5139.38 of the Revised Code, in a manner 1,500
consistent with division (B) of section 2151.38 of the Revised 1,501
Code if that division is applicable to the child, or in a manner 1,502
consistent with division (C) of section 5139.06 of the Revised 1,503
Code if division (B) of section 2151.38 of the Revised Code is no 1,504
longer applicable to the child THE DEPARTMENT IN ACCORDANCE WITH 1,505
SECTION 5139.51 OF THE REVISED CODE.
38
The order committing a child to the department of youth 1,507
services shall state that the child has been adjudicated a 1,508
delinquent child and that the commitment is permanent. The 1,509
jurisdiction of the court terminates at the time of the 1,510
commitment except in relation to procedures for the JUDICIAL 1,511
RELEASE OR early release of children from institutionalization or 1,513
institutionalization in a secure facility and hearings conducted 1,515
relative to JUDICIAL RELEASE OR early release, except in relation 1,516
to its authority to add consistent terms and conditions, except 1,517
in relation to hearings conducted relative to violations of 1,518
post-release THE terms and conditions OF A JUDICIAL RELEASE OR 1,520
EARLY RELEASE, and except that the department may petition the 1,521
court for an order terminating its custody. When a child has been 1,522
committed permanently to the department, the department shall 1,523
retain legal custody of the child until the time that it divests 1,524
itself of the legal custody of the child by discharging the child 1,525
to the exclusive management, control, and custody of the child's 1,526
parent or the guardian of the child's person, until the 1,527
committing court, upon its own motion, upon petition of the 1,528
parent, guardian of the person, or next friend of a child, or 1,529
upon petition of the department, terminates the department's 1,530
legal custody of the child, or until the department's legal 1,531
custody of the child is terminated automatically by the child 1,532
attaining twenty-one years of age. 1,533
(C) When a child is committed to the department of youth 1,535
services, the department may assign the child to a hospital for 1,536
mental, physical, and other examination, inquiry, or treatment 1,537
for the period of time that is necessary. The department may 1,538
remove any child in its custody to a hospital for observation, 1,539
and a complete report of every observation at the hospital shall 1,541
be made in writing and shall include a record of observation, 1,542
treatment, and medical history and a recommendation for future 1,543
treatment, custody, and maintenance. The department shall 1,544
thereupon order the placement and treatment that it determines to 1,545
39
be most conducive to the purposes of Chapters 2151. and 5139. of 1,546
the Revised Code. The committing court and all public 1,547
authorities shall make available to the department all pertinent 1,548
data in their possession with respect to the case.
(D) Records maintained by the department of youth services 1,550
pertaining to the children in its custody shall be accessible 1,551
only to department employees, except by consent of the department 1,552
or upon the order of the judge of a court of record. These 1,553
records shall not be considered "public records," as defined in 1,554
section 149.43 of the Revised Code. 1,555
Except as otherwise provided by a law of this state or the 1,557
United States, the department of youth services may release 1,558
records that are maintained by the department of youth services 1,559
and that pertain to children in its custody to the department of 1,560
rehabilitation and correction regarding persons who are under the 1,561
jurisdiction of the department of rehabilitation and correction 1,562
and who have previously been committed to the department of youth
services. The department of rehabilitation and correction may 1,563
use those records for the limited purpose of carrying out the 1,564
duties of the department of rehabilitation and correction. 1,565
Records released by the department of youth services to the 1,566
department of rehabilitation and correction shall remain
confidential and shall not be considered public records as 1,567
defined in section 149.43 of the Revised Code. 1,568
(E)(1) When a child is committed to the department of 1,570
youth services, the department, orally or in writing, shall 1,571
notify the parent, guardian, or custodian of a child that the 1,572
parent, guardian, or custodian may request at any time from the 1,573
superintendent of the institution in which the child is located 1,574
any of the information described in divisions (E)(1)(a), (b), 1,575
(c), and (d) of this section. The parent, guardian, or custodian 1,576
may provide the department with the name, address, and telephone 1,577
number of the parent, guardian, or custodian, and, until the 1,578
department is notified of a change of name, address, or telephone 1,579
40
number, the department shall use the name, address, and telephone 1,580
number provided by the parent, guardian, or custodian to provide 1,581
notices or answer inquiries concerning the following information: 1,582
(a) When the department of youth services makes a 1,584
permanent assignment of the child to a facility, the department, 1,585
orally or in writing and on or before the third business day 1,586
after the day the permanent assignment is made, shall notify the 1,587
parent, guardian, or custodian of the child of the name of the 1,588
facility to which the child has been permanently assigned. 1,589
If a parent, guardian, or custodian of a child who is 1,591
committed to the department of youth services requests, orally or 1,592
in writing, the department to provide the parent, guardian, or 1,593
custodian with the name of the facility in which the child is 1,595
currently located, the department, orally or in writing and on or 1,596
before the next business day after the day on which the request 1,597
is made, shall provide the name of that facility to the parent, 1,598
guardian, or custodian.
(b) If a parent, guardian, or custodian of a child who is 1,600
committed to the department of youth services, orally or in 1,601
writing, asks the superintendent of the institution in which the 1,602
child is located whether the child is being disciplined by the 1,603
personnel of the institution, what disciplinary measure the 1,604
personnel of the institution are using for the child, or why the 1,605
child is being disciplined, the superintendent or the 1,606
superintendent's designee, on or before the next business day 1,608
after the day on which the request is made, shall provide the 1,609
parent, guardian, or custodian with written or oral responses to 1,610
the questions.
(c) If a parent, guardian, or custodian of a child who is 1,612
committed to the department of youth services, orally or in 1,613
writing, asks the superintendent of the institution in which the 1,614
child is held whether the child is receiving any medication from 1,615
personnel of the institution, what type of medication the child 1,616
is receiving, or what condition of the child the medication is 1,617
41
intended to treat, the superintendent or the superintendent's 1,619
designee, on or before the next business day after the day on 1,620
which the request is made, shall provide the parent, guardian, or 1,621
custodian with oral or written responses to the questions. 1,622
(d) When a major incident occurs with respect to a child 1,624
who is committed to the department of youth services, the 1,625
department, as soon as reasonably possible after the major 1,626
incident occurs, shall notify the parent, guardian, or custodian 1,627
of the child that a major incident has occurred with respect to 1,628
the child and of all the details of that incident that the 1,629
department has ascertained. 1,630
(2) The failure of the department of youth services to 1,632
provide any notification required by or answer any requests made 1,633
pursuant to division (E) of this section does not create a cause 1,634
of action against the state. 1,635
(F) The department of youth services, as a means of 1,637
punishment while the child is in its custody, shall not prohibit 1,638
a child who is committed to the department from seeing that 1,639
child's parent, guardian, or custodian during standard visitation 1,640
periods allowed by the department of youth services unless the 1,641
superintendent of the institution in which the child is held 1,642
determines that permitting that child to visit with the child's 1,644
parent, guardian, or custodian would create a safety risk to that 1,645
child, that child's parents, guardian, or custodian, the 1,646
personnel of the institution, or other children held in that 1,647
institution.
(G) As used in this section: 1,649
(1) "Permanent assignment" means the assignment or 1,651
transfer for an extended period of time of a child who is 1,652
committed to the department of youth services to a facility in 1,653
which the child will receive training or participate in 1,654
activities that are directed toward the child's successful 1,655
rehabilitation. "Permanent assignment" does not include the 1,656
transfer of a child to a facility for early release hearings 1,657
42
pursuant to section 2151.38 of the Revised Code or for any other 1,658
temporary assignment or transfer to a facility. 1,659
(2) "Major incident" means the escape or attempted escape 1,661
of a child who has been committed to the department of youth 1,662
services from the facility to which the child is assigned; the 1,663
return to the custody of the department of a child who has 1,664
escaped or otherwise fled the custody and control of the 1,665
department without authorization; the allegation of any sexual 1,666
activity with a child committed to the department; physical 1,667
injury to a child committed to the department as a result of 1,668
alleged abuse by department staff; an accident resulting in 1,669
injury to a child committed to the department that requires 1,670
medical care or treatment outside the institution in which the 1,671
child is located; the discovery of a controlled substance upon 1,672
the person or in the property of a child committed to the 1,673
department; a suicide attempt by a child committed to the 1,674
department; a suicide attempt by a child committed to the 1,675
department that results in injury to the child requiring 1,676
emergency medical services outside the institution in which the 1,677
child is located; the death of a child committed to the 1,678
department; an injury to a visitor at an institution under the 1,679
control of the department that is caused by a child committed to 1,680
the department; and the commission or suspected commission of an 1,681
act by a child committed to the department that would be an 1,682
offense if committed by an adult. 1,683
(3) "Sexual activity" has the same meaning as in section 1,685
2907.01 of the Revised Code. 1,686
(4) "Controlled substance" has the same meaning as in 1,688
section 3719.01 of the Revised Code. 1,689
Sec. 5139.06. (A) When a child has been committed to the 1,698
department of youth services, it shall do both of the following: 1,699
(1) Place the child in an appropriate institution under 1,701
the condition that it considers best designed for the training 1,702
and rehabilitation of the child and the protection of the public, 1,703
43
provided that the institutional placement shall be consistent 1,704
with the order committing the child to its custody; 1,705
(2) Maintain the child in institutional care or 1,707
institutional care in a secure facility for the required period 1,708
of institutionalization in a manner consistent with division 1,709
(A)(4), (5), (6), or (7) of section 2151.355 of the Revised Code, 1,710
whichever is applicable, and with section 5139.38 or division (B) 1,711
OR (C) of section 2151.38 of the Revised Code. 1,712
(B) When a child has been committed to the department of 1,714
youth services pursuant to division (A)(6) of section 2151.355 of 1,715
the Revised Code, or when a child has been committed to the 1,716
department pursuant to division (A)(4), (5), or (7) of that 1,717
section and the child has not been institutionalized or 1,718
institutionalized in a secure facility for the prescribed minimum 1,720
periods of time or the prescribed period of time under those
divisions, the department, the child, or the child's parent may 1,722
request the court that committed the child to order A JUDICIAL 1,723
RELEASE OR an early release from institutionalization or 1,725
institutionalization in a secure facility in accordance with 1,726
division (B) OR (C) of section 2151.38 of the Revised Code, and 1,727
the child may be released from institutionalization or 1,729
institutionalization in a secure facility in accordance with that 1,730
THE APPLICABLE division. A child of that nature shall not be 1,731
released from institutionalization or institutionalization in a 1,732
secure facility except in accordance with that division or 1,734
section 2151.38 OR 5139.38 OR SECTIONS 5139.50 TO 5139.54 of the 1,735
Revised Code. WHEN A CHILD IS RELEASED PURSUANT TO DIVISION (B) 1,736
OF SECTION 2151.38 OF THE REVISED CODE, THE DEPARTMENT SHALL 1,737
COMPLY WITH DIVISION (B)(2) OF THAT SECTION AND, IF THE COURT 1,738
REQUESTS, SHALL SEND THE COMMITTING COURT A REPORT ON THE CHILD'S
PROGRESS IN THE INSTITUTION AND RECOMMENDATIONS FOR TERMS AND 1,739
CONDITIONS OF SUPERVISION BY THE COURT AFTER RELEASE. When a 1,740
child is released pursuant to that division (C) OF SECTION 1,741
2151.38 OF THE REVISED CODE, the department shall comply with 1,743
44
divisions (D) and (E) DIVISION (C)(2) of THAT section 2151.38 of 1,744
the Revised Code relative to the child and shall send the 1,745
committing court and the juvenile court of the county in which 1,746
the child is placed a copy of the TREATMENT AND REHABILITATION 1,747
plan DESCRIBED IN THAT DIVISION and the terms and conditions that 1,748
it fixed. The court of the county in which the child is placed 1,749
may adopt the terms and conditions as an order of the court and 1,750
may add any additional consistent terms and conditions it 1,751
considers appropriate. Any violations of the terms and 1,752
conditions established in its journal entry by the court of the 1,753
county in which the child is placed shall be handled pursuant to 1,754
division (B)(D) of section 2151.38 of the Revised Code. 1,755
(C) When a child has been committed to the department of 1,757
youth services, it may do any of the following: 1,758
(1) If the child was committed pursuant to division (A)(4) 1,760
or (5) of section 2151.355 of the Revised Code and has been 1,761
institutionalized or institutionalized in a secure facility for 1,762
the prescribed minimum periods of time under those divisions, 1,764
order the child's release on parole under the supervision and 1,766
conditions that it believes conducive to law-abiding conduct or 1,767
order replacement or renewed parole as often as conditions 1,768
indicate it to be desirable; provided that the department shall 1,769
notify the committing court, in writing, of the terms of 1,770
supervision and the conditions of the release at least fifteen 1,771
days prior to the scheduled date of release.
(2) Notwithstanding the provisions of this chapter or 1,773
Chapter 2151. of the Revised Code that prescribe required periods 1,774
of institutionalization, transfer the child to any other state 1,776
institution, whenever it appears that the child by reason of 1,777
mental illness, mental retardation, or other developmental 1,778
disability ought to be in another state institution. Before 1,779
transferring a child to any other state institution, the 1,780
department shall include in the minutes a record of the order of 1,781
transfer and the reason for the transfer and, at least seven days 1,782
45
prior to the transfer, shall send a certified copy of the order 1,783
to the person shown by its record to have had the care or custody 1,784
of the child immediately prior to the child's commitment. Except 1,785
as provided in division (C)(3)(2) of this section, no person 1,786
shall be transferred from a benevolent institution to a 1,788
correctional institution or to a facility or institution operated 1,789
by the department of youth services. 1,790
(3)(2) Notwithstanding the provisions of this chapter or 1,792
Chapter 2151. of the Revised Code that prescribe required periods 1,793
of institutionalization, transfer the child under section 1,794
5120.162 of the Revised Code to a correctional medical center 1,796
established by the department of rehabilitation and correction, 1,797
whenever the child has an illness, physical condition, or other 1,798
medical problem and it appears that the child would benefit from 1,799
diagnosis or treatment at the center for that illness, condition, 1,800
or problem. Before transferring a child to a center, the 1,801
department of youth services shall include in the minutes a 1,802
record of the order of transfer and the reason for the transfer 1,803
and, except in emergency situations, at least seven days prior to 1,804
the transfer, shall send a certified copy of the order to the 1,805
person shown by its records to have had the care or custody of 1,806
the child immediately prior to the child's commitment. If the 1,807
transfer of the child occurs in an emergency situation, as soon 1,808
as possible after the decision is made to make the transfer, the 1,809
department of youth services shall send a certified copy of the 1,810
order to the person shown by its records to have had the care or 1,811
custody of the child immediately prior to the child's commitment. 1,812
A transfer under this division shall be in accordance with the 1,813
terms of the agreement the department of youth services enters 1,814
into with the department of rehabilitation and correction under 1,815
section 5120.162 of the Revised Code and shall continue only as 1,816
long as the child reasonably appears to receive benefit from 1,817
diagnosis or treatment at the center for an illness, physical 1,818
condition, or other medical problem. 1,819
46
(4)(3) Revoke or modify any order of the department except 1,821
an order of discharge as often as conditions indicate it to be 1,822
desirable; 1,823
(5) If the child was committed pursuant to division (A)(4) 1,825
or (5) of section 2151.355 of the Revised Code and has been 1,826
institutionalized or institutionalized in a secure facility for 1,827
the prescribed minimum periods of time under those divisions, 1,829
discharge the child from its custody and control when it is 1,830
satisfied that the discharge is consistent with the welfare of 1,831
the individual and protection of the public. The department shall 1,832
notify the committing court, in writing, that it is going to 1,833
discharge the child at least fifteen days before the scheduled 1,834
date of discharge and, upon the discharge, immediately shall 1,835
certify the discharge in writing and transmit the certificate to 1,836
the committing court.
(6)(4) If the child was committed pursuant to division 1,838
(A)(4) or (5) of section 2151.355 of the Revised Code and has 1,839
been institutionalized or institutionalized in a secure facility 1,840
for the prescribed minimum periods of time under those divisions 1,842
AND IS PLACED ON SUPERVISED RELEASE PURSUANT TO SECTION 5139.51 1,843
OF THE REVISED CODE, assign the child to a family home, a group 1,844
care facility, or other place maintained under public or private 1,845
auspices, within or without this state, for necessary treatment 1,846
and rehabilitation, the costs of which may be paid by the 1,847
department, provided that the department shall notify the
committing court, in writing, of the place and terms of the 1,848
assignment at least fifteen days prior to the scheduled date of 1,849
the assignment. 1,850
(D) The department of youth services shall notify the 1,852
committing court of any order transferring the physical location 1,853
of any child committed to it in accordance with section 5139.35 1,854
of the Revised Code. Upon the discharge from its custody and 1,855
control, the department may petition the court for an order 1,856
terminating its custody and control. 1,857
47
(E) If a child is released on parole under division (C)(1) 1,859
of this section or is assigned to a family home, group care 1,860
facility, or other place for treatment or rehabilitation under 1,861
division (C)(6) of this section, the department shall comply with 1,862
divisions (D) and (E) of section 2151.38 of the Revised Code 1,863
relative to the child and shall send the committing court and the 1,864
juvenile court of the county in which the child is placed a copy 1,865
of the plan and the terms and conditions of the release or 1,866
assignment that it fixed. The court of the county in which the 1,867
child is placed may adopt the terms and conditions as an order of 1,868
the court and may add any additional consistent terms and 1,869
conditions it considers appropriate. Any violations of the terms 1,870
and conditions established in its journal entry by the court of 1,871
the county in which the child is placed shall be handled pursuant 1,872
to division (C) of section 2151.38 of the Revised Code. 1,873
Sec. 5139.07. As a means of correcting the socially 1,882
harmful tendencies of a child committed to it, the department of 1,883
youth services may require participation by him THE CHILD in 1,884
vocational, physical, educational, and corrective training and 1,886
activities, and the conduct and modes of life that seem best 1,887
adapted to rehabilitate him THE CHILD and fit him THE CHILD for 1,889
return to full liberty without danger to the public welfare. 1,890
This section does not permit the department to release a child 1,891
committed to it from institutional care or institutional care in 1,892
a secure facility, whichever is applicable, other than in 1,893
accordance with sections 2151.38, 5139.06, and 5139.38, AND 1,894
5139.50 TO 5139.54 of the Revised Code. 1,895
The department may require a child committed to it to 1,897
return to his THE CHILD'S home or to be placed in a foster care 1,898
placement if it is authorized to make a placement of that nature 1,899
under sections 2151.38, 5139.06, and 5139.38, AND 5139.50 TO 1,900
5139.54 of the Revised Code. Any placement of that nature shall 1,901
be made in accordance with those sections. The legal residence 1,902
of a child so placed by the department is the place the child is 1,903
48
residing in accordance with a department order of placement. The 1,904
school district responsible for payment of tuition on behalf of 1,905
the child so placed shall be determined pursuant to section 1,906
3313.64 or 3313.65 of the Revised Code. 1,907
Sec. 5139.08. The department of youth services may enter 1,916
into an agreement with the director of rehabilitation and 1,917
correction pursuant to which the department of youth services, in 1,918
accordance with division (C)(3)(2) of section 5139.06 and section 1,920
5120.162 of the Revised Code, may transfer to a correctional
medical center established by the department of rehabilitation 1,921
and correction, children who are within its custody for diagnosis 1,922
or treatment of an illness, physical condition, or other medical 1,923
problem. The department of youth services may enter into any 1,924
other agreements with the director of human services, the 1,925
director of mental health, the director of mental retardation and 1,926
developmental disabilities, the director of rehabilitation and 1,927
correction, with the courts having probation officers or other 1,928
public officials, and with private agencies or institutions for 1,929
separate care or special treatment of children subject to the 1,930
control of the department of youth services. The department of 1,931
youth services may, upon the request of a juvenile court not 1,932
having a regular probation officer, provide probation services 1,933
for such court. 1,934
Upon request by the department of youth services, any 1,936
public agency or group care facility established or administered 1,937
by the state for the care and treatment of children and youth 1,938
shall, consistent with its functions, accept and care for any 1,939
child whose custody is vested in the department in the same 1,940
manner as it would be required to do if custody had been vested 1,941
by a court in such agency or group care facility. If the 1,942
department has reasonable grounds to believe that any child or 1,943
youth whose custody is vested in it is mentally ill or mentally 1,944
retarded, the department may file an affidavit under section 1,945
5122.11 or 5123.76 of the Revised Code. The department's 1,946
49
affidavit for admission of a child or youth to such institution 1,947
shall be filed with the probate court of the county from which 1,948
the child was committed to the department. Such court may 1,949
request the probate court of the county in which the child is 1,950
held to conduct the hearing on the application, in which case the 1,951
court making such request shall bear the expenses of the 1,952
proceeding. If the department files such an affidavit, the child 1,953
or youth may be kept in such institution until a final decision 1,954
on the affidavit is made by the appropriate court. 1,955
Sec. 5139.18. (A) The department of youth services is 1,964
responsible for locating homes or jobs for children released from 1,965
its institutions, for supervision of children released from its 1,966
institutions, and for providing or arranging for the provision to 1,967
those children of appropriate services that are required to 1,968
facilitate their satisfactory community adjustment. 1,969
(B) The department of youth services shall exercise 1,971
general supervision over all children who have been released on 1,972
placement from any of the its institutions. The director of 1,973
youth services, with the consent and approval of the board of 1,974
county commissioners of any county, may contract with the 1,975
department of human services of that county, if the department 1,976
has assumed the administration of child welfare, the children 1,977
services board of that county, the department of probation of 1,978
that county established pursuant to section 2301.27 of the 1,979
Revised Code, or the probation department or service established 1,980
pursuant to sections 2151.01 to 2151.54 of the Revised Code for 1,981
the provision of direct supervision and control over and the 1,982
provision of supportive assistance to all children who have been 1,983
released on placement into that county from any of its 1,984
institutions, or, with the consent of the juvenile judge or the 1,985
administrative judge of the juvenile court of any county, 1,986
contract with any other public agency, institution, or 1,987
organization that is qualified to provide the care and 1,988
supervision that is required under the terms and conditions of 1,989
50
the child's treatment plan for the provision of direct 1,990
supervision and control over and the provision of supportive 1,991
assistance to all children who have been released on placement 1,992
into that county from any of its institutions. 1,993
(D)(C) Whenever any placement official has reasonable 1,995
cause to believe that any child has violated the terms and 1,996
conditions of his THE CHILD'S placement, the official may 1,997
request, in writing, from the committing court or transferee 1,998
court a custodial order, and, upon reasonable and probable cause, 1,999
the court may order any sheriff, deputy sheriff, constable, or 2,000
police officer to apprehend the child. A child so apprehended 2,001
may be confined in the detention home of the county in which he 2,002
THE CHILD is apprehended until further order of the court. IF A 2,003
CHILD WHO WAS RELEASED BY THE RELEASE AUTHORITY OF THE DEPARTMENT 2,004
OF YOUTH SERVICES VIOLATES THE TERMS AND CONDITIONS OF SUPERVISED 2,005
RELEASE, THE PROVISIONS FOR ARREST AND DETENTION SPECIFIED IN 2,006
SECTION 5139.52 OF THE REVISED CODE APPLY.
Sec. 5139.20. (A) Notwithstanding any other provision of 2,015
the Revised Code that sets forth the minimum periods or period 2,016
for which a child committed to the department of youth services 2,017
is to be institutionalized or institutionalized in a secure 2,018
facility or the procedures for the JUDICIAL RELEASE OR early 2,019
release from institutional care or institutional care in a secure 2,020
facility, the department may grant emergency releases to children 2,021
confined in state juvenile institutions if the governor, upon 2,022
request of the director of the department authorizes the 2,023
director, in writing, to issue a declaration that an emergency 2,024
overcrowding condition exists in all of the institutions in which 2,025
males are confined, or in all of the institutions in which 2,026
females are confined, that are under the control of the 2,027
department. If the governor authorizes the issuance of a 2,028
declaration, the director may issue the declaration. If the 2,029
director issues the declaration, the director shall file a copy 2,031
of it with the secretary of state, which copy shall be a public 2,032
51
record. Upon the filing of the copy, the department is 2,033
authorized to grant emergency releases to children within its 2,034
custody subject to division (B) of this section. The authority 2,035
to grant the emergency releases shall continue until the 2,036
expiration of thirty days from the day on which the declaration 2,037
was filed. The director shall not issue a declaration that an 2,038
emergency overcrowding condition exists unless the director 2,039
determines that no other method of alleviating the overcrowding 2,041
condition is available.
(B)(1) If the department is authorized under division (A) 2,043
of this section to grant emergency releases to children within 2,044
its custody, the department shall determine which, if any, 2,045
children to release under that authority only in accordance with 2,046
this division and divisions (C), (D), and (E) of this section. 2,047
The department, in determining which, if any, children to 2,048
release, initially shall classify each child within its custody 2,049
according to the degree of offense that the act for which the 2,050
child is serving the period of institutionalization would have 2,051
been if committed by an adult. The department then shall 2,052
scrutinize individual children for emergency release, based upon 2,053
their degree of offense, in accordance with the categories and 2,054
the order of consideration set forth in division (B)(2) of this 2,055
section. After scrutiny of all children within the particular 2,057
category under consideration, the department shall designate 2,058
individual children within that category to whom it wishes to 2,059
grant an emergency release.
(2) The categories of children in the custody of the 2,061
department that may be considered for emergency release under 2,062
this section, and the order in which the categories shall be 2,063
considered, are as follows: 2,064
(a) Initially, only children who are not serving a period 2,066
of institutionalization for an act that would have been 2,067
aggravated murder, murder, or a felony of the first, second, 2,068
third, or fourth degree if committed by an adult or for an act 2,069
52
that was committed before the effective date of this amendment 2,070
and that would have been an aggravated felony of the first, 2,071
second, or third degree if committed by an adult may be
considered. 2,072
(b) When all children in the category described in 2,074
division (B)(2)(a) of this section have been scrutinized and all 2,075
children in that category who have been designated for emergency 2,076
release under division (B)(1) of this section have been so 2,077
released, then all children who are not serving a period of 2,078
institutionalization for an act that would have been aggravated 2,079
murder, murder, or a felony of the first or second degree if 2,080
committed by an adult or for an act that was committed before the 2,081
effective date of this amendment and that would have been an 2,082
aggravated felony of the first or second degree if committed by 2,083
an adult may be considered.
(c) When all children in the categories described in 2,085
divisions (B)(2)(a) and (b) of this section have been scrutinized 2,086
and all children in those categories who have been designated for 2,087
emergency release under division (B)(1) of this section have been 2,088
released, then all children who are not serving a term of 2,089
institutionalization for an act that would have been aggravated 2,090
murder, murder, or a felony of the first degree if committed by 2,091
an adult or for an act that was committed before the effective 2,092
date of this amendment and that would have been an aggravated 2,093
felony of the first or second degree if committed by an adult may 2,094
be considered.
(d) In no case shall the department consider for emergency 2,096
release any child who is serving a term of institutionalization 2,098
for an act that would have been aggravated murder, murder, or a 2,099
felony of the first degree if committed by an adult or for an act 2,100
that was committed before the effective date of this amendment 2,101
and that would have been an aggravated felony of the first degree 2,102
if committed by an adult, and in no case shall the department 2,103
grant an emergency release to any such child pursuant to this
53
section. 2,104
(C) An emergency release granted pursuant to this section 2,106
shall consist of one of the following: 2,107
(1) A SUPERVISED release on parole under supervision TERMS 2,110
and conditions that the department believes conducive to
law-abiding conduct; 2,111
(2) A discharge of the child from the custody and control 2,113
of the department if the department is satisfied that the 2,114
discharge is consistent with the welfare of the individual and 2,115
protection of the public; 2,116
(3) An assignment to a family home, a group care facility, 2,118
or other place maintained under public or private auspices, 2,119
within or without this state, for necessary treatment or 2,120
rehabilitation, the costs of which may be paid by the department. 2,121
(D) If a child is granted an emergency release pursuant to 2,123
this section, the child thereafter shall be considered to have 2,124
been institutionalized or institutionalized in a secure facility 2,125
for the prescribed minimum period of time or prescribed time 2,127
under division (A)(4), (5), or (7) of section 2151.355 of the 2,128
Revised Code. The department shall retain legal custody of a 2,129
child so released until it discharges the child or until its 2,130
custody is terminated as otherwise provided by law. 2,131
(E)(1) If a child is granted an emergency release so that 2,133
the child is released on parole SUPERVISED RELEASE or assigned to 2,135
a family home, group care facility, or other place for treatment
or rehabilitation, the department shall prepare a written 2,137
treatment and rehabilitation plan for the child in accordance 2,138
with division (D)(E) of section 2151.38 of the Revised Code, 2,139
which shall include the terms and conditions of the child's 2,141
release or assignment, and shall send the committing court and 2,143
the juvenile court of the county in which the child is placed a 2,144
copy of the plan and the terms and conditions that it fixed. The 2,145
court of the county in which the child is placed may adopt the 2,146
terms and conditions as an order of the court and may add any 2,147
54
additional consistent terms and conditions it considers 2,148
appropriate. If a child is released on parole SUPERVISED RELEASE 2,149
or is assigned subject to specified terms and conditions and the 2,151
court of the county in which the child is placed has reason to 2,152
believe that the child has CHILD'S DEPORTMENT IS not deported 2,153
himself or herself in accordance with any post-release terms and 2,154
conditions established by the court in its journal entry, the 2,155
court of the county in which the child is placed, in its 2,156
discretion, may schedule a time for a hearing on whether the 2,157
child violated any of the post-release terms and conditions. If 2,158
the THAT court of the county in which the child is placed 2,160
conducts a hearing and determines at the hearing that the child 2,161
violated any of the post-release terms and conditions established 2,162
in its journal entry, the court, if it determines that the 2,163
violation of the terms and conditions was a serious violation, 2,164
may order the child to be returned to the department of youth 2,165
services for institutionalization or, in any case, may make any 2,166
other disposition of the child authorized by law that the court 2,167
considers proper. If the court of the county in which the child 2,168
is placed orders the child to be returned to a department of 2,169
youth services institution, the child shall remain
institutionalized for a minimum period of three months. 2,170
(2) The department also shall file a written progress 2,172
report with the committing court regarding each child granted an 2,173
emergency release pursuant to this section at least once every 2,174
thirty days unless specifically directed otherwise by the court. 2,175
The report shall include the information required of reports 2,176
described in division (E)(F) of section 2151.38 of the Revised 2,177
Code. 2,178
Sec. 5139.32. (A) Whenever a child committed to the 2,187
department of youth services is unable to benefit from the 2,188
programs conducted by the department, as found under division (B) 2,189
of this section, the RELEASE AUTHORITY OF THE department 2,190
forthwith shall release or discharge such THE child from its 2,192
55
jurisdiction and either return him THE CHILD to the committing 2,193
court, provided that such THE court so consents or directs, or 2,194
otherwise secure for him THE CHILD an environment more beneficial 2,196
to his THE CHILD'S future development.
(B) The determination that a child is unable to benefit 2,198
from the programs conducted by the department shall be made by 2,199
the committing court on its own motion or upon application by the 2,200
department or by a parent or the guardian of the person of the 2,201
child, or, if the child has been institutionalized or 2,202
institutionalized in a secure facility, whichever is applicable, 2,203
for the prescribed minimum period set forth in section 2151.355 2,204
of the Revised Code and his THE CHILD'S commitment order, by the 2,205
department itself. 2,206
Sec. 5139.35. (A) Except as provided in division (C) of 2,215
this section and division (C)(3)(2) of section 5139.06 of the 2,216
Revised Code, the department of youth services shall not place a 2,217
child committed to it pursuant to division (A)(6) of section 2,218
2151.355 of the Revised Code or one committed to it pursuant to 2,219
division (A)(4), (5), or (7) of that section who has not been 2,220
institutionalized or institutionalized in a secure facility for 2,221
the prescribed minimum periods or prescribed period of 2,222
institutionalization under those divisions in an institution with 2,223
a less restrictive setting than that in which the child was 2,224
originally placed, other than an institution under the management 2,225
and control of the department, without first obtaining the prior 2,226
consent of the committing court. 2,227
(B) Except as provided in division (C) of this section, 2,229
the department of youth services shall notify the committing 2,230
court, in writing, of any placement of a child committed to it 2,231
pursuant to division (A)(4), (5), or (7) of section 2151.355 of 2,232
the Revised Code who has been institutionalized or 2,233
institutionalized in a secure facility for the prescribed minimum 2,235
periods or prescribed period of institutionalization under those
divisions in an institution with a less restrictive setting than 2,237
56
that in which the child was originally placed, other than an 2,238
institution under the management and control of the department, 2,239
at least fifteen days before the scheduled date of placement. 2,240
(C) If, pursuant to division (C)(3)(2) of section 5139.06 2,242
of the Revised Code, the department of youth services transfers a 2,243
child committed to it pursuant to division (A)(4), (5), (6), or 2,245
(7) of section 2151.355 of the Revised Code to a correctional
medical center established by the department of rehabilitation 2,246
and correction, the department of youth services shall send the 2,247
committing court a certified copy of the transfer order. 2,248
Sec. 5139.38. Within ninety days prior to the expiration 2,257
of the prescribed minimum period of institutionalization of a 2,258
felony delinquent committed to the department of youth services 2,259
and with prior notification to the committing court, the 2,260
department may transfer the felony delinquent to a community 2,261
facility for a period of supervised treatment prior to ordering a 2,262
release of the felony delinquent on parole SUPERVISED RELEASE or 2,263
prior to the release of the felony delinquent on aftercare 2,264
placement as described in section 5139.18 of the Revised Code. 2,265
For purposes of transfers under this section, both of the 2,266
following apply:
(A) The community facility may be a community corrections 2,268
facility that has received a grant pursuant to section 5139.36 of 2,269
the Revised Code, a community residential program with which the 2,270
department has contracted for purposes of this section, or 2,271
another private entity with which the department has contracted 2,272
for purposes of this section. Division (E) of section 5139.36 of 2,273
the Revised Code does not apply in connection with a transfer of 2,274
a felony delinquent that is made to a community corrections 2,275
facility pursuant to this section. 2,276
(B) During the period in which the felony delinquent is in 2,278
the community facility, he THE FELONY DELINQUENT shall remain in 2,279
the custody of the department. 2,280
Sec. 5139.43. (A) On and after January 1, 1995, the 2,289
57
department of youth services shall operate a felony delinquent 2,290
care and custody program with the remainder of the appropriation 2,291
described in division (E) of section 5139.41 of the Revised Code. 2,293
The program shall be operated in accordance with the formula 2,294
developed pursuant to sections 5139.41 and 5139.42 of the Revised 2,295
Code, subject to the conditions specified in this section, and in 2,296
conjunction with the contingency program described in section 2,297
5139.45 of the Revised Code. 2,298
(B)(1) The department of youth services annually shall 2,300
allocate to each county a portion of the remainder of the 2,301
appropriation described in division (E) of section 5139.41 of the 2,303
Revised Code. The portion to be allocated to each county shall 2,304
be determined by multiplying the county's percentage determined 2,305
under division (E) of section 5139.42 of the Revised Code by the 2,306
amount of that remainder. The department shall divide the 2,307
portion to be allocated to each county by twelve or, if in a 2,308
particular fiscal year the felony delinquent care and custody 2,309
program is in effect in a county less than twelve months, by the 2,310
number of months the program is in effect in that county to 2,311
determine the monthly allocation to that county.
(2)(a) Except as provided in division (B)(2)(b) of this 2,313
section, the department shall reduce the monthly allocation for 2,314
each fiscal year to each county as determined under division 2,315
(B)(1) of this section by both of the following: 2,316
(i) Seventy-five per cent of the amount determined by 2,319
multiplying the per diem cost for the care and custody of felony 2,320
delinquents, as determined pursuant to division (D) of section 2,321
5139.42 of the Revised Code, by the number of felony delinquents 2,322
who have been adjudicated delinquent children and, except as 2,323
otherwise provided in divisions (B)(2)(a) and (3) of this 2,324
section, who are in the care and custody of an institution 2,325
pursuant to a commitment, OR recommitment, or revocation of a 2,326
release on parole by the juvenile court of that county;
(ii) Fifty per cent of the amount determined by 2,328
58
multiplying the per diem cost for the care and custody of felony 2,329
delinquents, as determined pursuant to division (D) of section 2,330
5139.42 of the Revised Code, by the number of felony delinquents 2,331
who have been adjudicated delinquent children and, except as 2,332
otherwise provided in divisions (B)(2)(a) and (3) of this 2,333
section, who are in the care and custody of a community 2,334
corrections facility pursuant to a placement by the department 2,335
with the consent of the juvenile court of that county as 2,336
described in division (E) of section 5139.36 of the Revised Code. 2,337
Public safety beds shall not be included in the number of 2,340
felony delinquents who have been adjudicated delinquent children 2,341
by a juvenile court in making the seventy-five per cent or fifty 2,342
per cent reductions described in divisions (B)(2)(a)(i) and (ii) 2,345
of this section. The department shall bear the care and custody 2,346
costs associated with public safety beds. 2,347
(b) If a county has exhausted its current and future 2,349
monthly allocations for the current fiscal year as determined 2,350
under division (B)(1) of this section, the department shall bear 2,351
the remainder of the amounts calculated under divisions 2,352
(B)(2)(a)(i) and (ii) of this section for the care and custody of 2,353
felony delinquents who are in the care and custody of an 2,354
institution pursuant to a commitment, OR recommitment, or 2,355
revocation of a release on parole or in the care and custody of a 2,356
community corrections facility by debiting, in accordance with 2,358
division (C)(2) of section 5139.45 of the Revised Code, the 2,359
amount of the appropriation for care and custody of felony 2,360
delinquents that was set aside for the contingency program
pursuant to division (A) of section 5139.41 of the Revised Code. 2,361
(3)(a) Subject to divisions (B)(2)(b) and (4) of this 2,363
section and subject to the special provisions of division 2,364
(B)(3)(b) of this section pertaining to monthly allocations under 2,366
divisions (B)(1) and (2)(a) of this section for the month of 2,367
June, after the application of division (B)(2)(a) of this section 2,368
and on or before the fifteenth day of the following month, the 2,369
59
department shall disburse to the juvenile court of each county 2,370
the remainder of the monthly allocation of that county as 2,371
determined pursuant to divisions (B)(1) and (2)(a) of this 2,372
section.
(b)(i) For the monthly allocation for the month of June of 2,375
each fiscal year, the department shall estimate for each county
the number of felony delinquents described in divisions 2,376
(B)(2)(a)(i) and (ii) of this section rather than use the actual 2,378
number of those felony delinquents, shall use the estimated 2,379
number of those felony delinquents in making the seventy-five per 2,381
cent and fifty per cent reductions described in those divisions,
and shall encumber the remainder of the estimated monthly 2,382
allocation of each county for the month of June, as determined 2,383
pursuant to divisions (B)(1), (2)(a), and (3)(b)(i) of this 2,385
section, for disbursement in the month of July of the next fiscal
year in accordance with division (B)(3)(b)(ii) of this section. 2,387
If the total of the seventy-five per cent and fifty per cent 2,388
reductions described in division (B)(2)(a) of this section 2,389
exceeds the estimated monthly allocation of a county for the
month of June as so determined, the department may cover the 2,390
amount of the excess by debiting, in accordance with division 2,391
(C)(2) of section 5139.45 of the Revised Code, the amount of the 2,393
appropriation for care and custody of felony delinquents that was 2,394
set aside for the contingency program pursuant to division (A) of 2,395
section 5139.41 of the Revised Code.
(ii) In the month of July of each new fiscal year, the 2,397
department shall reconcile for each county the estimated 2,398
reductions that occurred pursuant to divisions (B)(2)(a) and 2,399
(3)(b)(i) of this section and the reductions that should have 2,401
occurred pursuant to division (B)(2)(a) of this section by using 2,402
the actual number of felony delinquents described in divisions 2,403
(B)(2)(a)(i) and (ii) of this section for the month of June of 2,404
the prior fiscal year. After that reconciliation occurs, subject 2,405
to divisions (B)(2)(b) and (4) of this section, the department 2,406
60
shall disburse to each county the remainder of its monthly 2,407
allocation for the month of June of the prior fiscal year as 2,408
adjusted pursuant to the reconciliation and division 2,409
(B)(3)(b)(ii) of this section. 2,411
In connection with the adjustments in the monthly 2,413
allocations for the month of June of the prior fiscal year, if 2,414
the encumbered monthly allocations of one or more counties for 2,415
that month exceed or are less than the monthly allocations for 2,416
that month to which those counties are entitled under divisions 2,417
(B)(1) and (2)(a) of this section by using the actual number of 2,418
felony delinquents described in divisions (B)(2)(a)(i) and (ii) 2,419
of this section rather than the estimated number of those felony 2,420
delinquents, the department may make the necessary adjustments in 2,421
the monthly allocations of those counties for the month of June 2,422
of the prior fiscal year within the total of the moneys for 2,423
monthly allocations for that month that were encumbered for all 2,424
of the counties. If that total amount is insufficient to make 2,425
the requisite monthly allocations for that month to all counties
in accordance with divisions (B)(1) and (2)(a) of this section, 2,427
the department shall cover the insufficiency by debiting, in 2,428
accordance with division (C)(2) of section 5139.45 of the Revised 2,429
Code, the amount of the appropriation for care and custody of
felony delinquents that was set aside for the contingency program 2,430
pursuant to division (A) of section 5139.41 of the Revised Code. 2,431
(4) Notwithstanding the general disbursement requirements 2,434
of division (B)(3)(a) and (b)(ii) of this section, if a juvenile 2,435
court fails to comply with division (C)(3)(d) of this section and 2,436
the department is not able to reconcile fiscal accounting as a 2,437
consequence of that failure, the department is not required to
make any disbursement in accordance with division (B)(3)(a) or 2,438
(b)(ii) of this section to the juvenile court until it complies 2,440
with division (C)(3)(d) of this section.
(C)(1) Each juvenile court shall use the moneys disbursed 2,442
to it by the department of youth services pursuant to division 2,443
61
(B) of this section in accordance with division (C)(2) of this 2,444
section and shall transmit the moneys to the county treasurer for 2,445
deposit in accordance with this division. The county treasurer 2,446
shall create in the county treasury a fund that shall be known as 2,448
the felony delinquent care and custody fund and shall deposit in 2,449
that fund the moneys disbursed to the juvenile court pursuant to 2,450
division (B) of this section. The moneys in the fund shall not 2,451
be commingled with any other county funds; shall not be used for 2,452
any capital construction projects; upon an order of the juvenile 2,453
court and subject to appropriation by the board of county 2,454
commissioners, shall be disbursed to the juvenile court for use 2,455
in accordance with division (C)(2) of this section; shall not 2,456
revert to the county general fund at the end of any fiscal year; 2,457
and shall carry over in the felony delinquent care and custody
fund from the end of any fiscal year to the next fiscal year. 2,459
The moneys in the fund shall be in addition to, and shall not be 2,460
used to reduce, any usual annual increase in county funding that 2,461
the juvenile court is eligible to receive or the current level of 2,462
county funding of the juvenile court and of any programs or 2,463
services for delinquent children, unruly children, or juvenile 2,464
traffic offenders. 2,465
(2)(a) A juvenile court shall use the moneys in its felony 2,467
delinquent care and custody fund as follows: 2,468
(i) To provide programs and services for the training, 2,470
treatment, or rehabilitation of felony delinquents that are 2,471
alternatives to their commitment to the department, including, 2,472
but not limited to, community residential programs, day treatment 2,473
centers, services within the home, and electronic monitoring; 2,474
(ii) In connection with training, treatment, 2,476
rehabilitation, early intervention, or other programs or services 2,477
for any delinquent child, unruly child, or juvenile traffic 2,478
offender who is under the jurisdiction of the juvenile court. 2,479
For purposes of division (C)(2)(a)(ii) of this section, a 2,480
delinquent child includes a child who is so adjudicated for the 2,481
62
commission of an act that if committed by an adult would be a 2,482
misdemeanor or felony. 2,483
(b) Each juvenile court shall comply with division 2,485
(C)(3)(d) of this section as implemented by the department. If a 2,486
juvenile court fails to comply with that division and the 2,487
department is not able to reconcile fiscal accounting as a 2,488
consequence of the failure, the provisions of division (B)(4) of
this section shall apply. 2,489
(3) In accordance with rules adopted by the department 2,491
pursuant to section 5139.04 of the Revised Code, each juvenile 2,492
court shall do all of the following: 2,493
(a) File with the department a plan pertaining to the use, 2,495
upon an order of the juvenile court and subject to appropriation 2,496
by the board of county commissioners, of the moneys in its felony 2,497
delinquent care and custody fund for specified programs and 2,498
services as described in division (C)(2)(a) of this section. The 2,499
plan shall include a method of ensuring equal access for minority 2,500
youth to the programs and services. 2,501
(b) By the thirty-first day of January of each year, file 2,503
with the department a report containing all of the statistical 2,504
and other information for each month of the prior calendar year 2,505
that will permit the department to prepare the report described 2,506
in division (D) of this section; 2,507
(c) If the department requires the juvenile court to 2,509
prepare monthly statistical reports for use under section 5139.42 2,510
of the Revised Code and to submit the reports on forms provided 2,511
by the department, file those reports with the department on the 2,512
forms so provided; 2,513
(d) If the department requires the juvenile court to 2,515
participate in any fiscal monitoring or other program that is 2,516
conducted by the department to ensure compliance by the juvenile 2,517
court and its county with division (C) of this section, 2,518
participate in the fiscal monitoring or other program and fully
comply with any guidelines for the performance of audits adopted 2,519
63
by the department pursuant to that program and all requests made 2,520
by the department pursuant to that program for information 2,521
necessary to reconcile fiscal accounting. 2,522
(D) On or prior to the first day of April of each year, 2,525
the department of youth services shall submit to the joint 2,526
legislative committee on juvenile corrections overcrowding a 2,527
report that pertains to the operation of sections 5139.41 to 2,528
5139.45 of the Revised Code during the immediately preceding 2,529
calendar year and that includes, but is not limited to, the 2,530
following: 2,531
(1) A description of the programs and services that were 2,533
financed under those sections in each county; 2,534
(2) The number of felony delinquents, other delinquent 2,536
children, unruly children, and juvenile traffic offenders served 2,537
by the programs and services in each county; 2,538
(3) The total number of felony level delinquency children 2,540
adjudicated in each juvenile court to be delinquent children for 2,541
acts that if committed by an adult would be a felony; 2,542
(4) The total number of felony delinquents who were 2,544
committed by the juvenile court of each county to the department 2,545
and who were in the care and custody of an institution or a 2,546
community corrections facility; 2,547
(5) A breakdown of the felony delinquents described in 2,549
division (D)(4) of this section on the basis of the types and 2,550
degrees of felonies committed, the ages of the felony delinquents 2,551
at the time they committed the felonies, and the sex and race of 2,552
the felony delinquents. 2,553
Sec. 5139.50. (A) THE RELEASE AUTHORITY OF THE DEPARTMENT 2,555
OF YOUTH SERVICES IS HEREBY CREATED AS AN INDEPENDENT 2,557
ADMINISTRATIVE DIVISION IN THE DEPARTMENT. THE RELEASE AUTHORITY 2,558
SHALL CONSIST OF FIVE MEMBERS WHO ARE APPOINTED BY THE DIRECTOR 2,559
OF YOUTH SERVICES AND WHO HAVE THE QUALIFICATIONS SPECIFIED IN 2,560
DIVISION (B) OF THIS SECTION. THE MEMBERS OF THE RELEASE 2,561
AUTHORITY SHALL DEVOTE THEIR FULL TIME TO THE DUTIES OF THE 2,562
64
RELEASE AUTHORITY AND SHALL NEITHER SEEK NOR HOLD OTHER PUBLIC 2,563
OFFICE. THE MEMBERS SHALL BE IN THE UNCLASSIFIED CIVIL SERVICE. 2,564
(B) A PERSON APPOINTED AS A MEMBER OF THE RELEASE 2,566
AUTHORITY SHALL HAVE A BACHELOR'S DEGREE FROM AN ACCREDITED 2,567
COLLEGE OR UNIVERSITY AND SHALL HAVE THE SKILLS, TRAINING, OR 2,568
EXPERIENCE NECESSARY TO ANALYZE ISSUES OF LAW, ADMINISTRATION, 2,569
AND PUBLIC POLICY. THE MEMBERSHIP OF THE RELEASE AUTHORITY SHALL 2,571
REPRESENT, INSOFAR AS PRACTICABLE, THE DIVERSITY FOUND IN THE 2,572
CHILDREN IN THE LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH
SERVICES. 2,573
IN APPOINTING THE MEMBERS, THE DIRECTOR SHALL ENSURE THAT 2,576
THE APPOINTMENTS INCLUDE THE FOLLOWING:
(1) AT LEAST FOUR MEMBERS WHO HAVE FIVE OR MORE YEARS OF 2,579
EXPERIENCE IN CRIMINAL JUSTICE, JUVENILE JUSTICE, OR AN
EQUIVALENT RELEVANT PROFESSION; 2,580
(2) AT LEAST ONE MEMBER WHO HAS EXPERIENCE IN VICTIM 2,582
SERVICES OR ADVOCACY OR WHO HAS BEEN A VICTIM OF A CRIME OR IS A 2,583
FAMILY MEMBER OF A VICTIM; 2,584
(3) AT LEAST ONE MEMBER WHO HAS EXPERIENCE IN DIRECT CARE 2,587
SERVICES TO DELINQUENT CHILDREN;
(4) AT LEAST ONE MEMBER WHO HOLDS A JURIS DOCTOR DEGREE 2,589
FROM AN ACCREDITED COLLEGE OR UNIVERSITY. 2,590
(C) THE INITIAL APPOINTMENTS OF MEMBERS OF THE RELEASE 2,593
AUTHORITY SHALL BE FOR A TERM OF SIX YEARS FOR THE CHAIRPERSON 2,594
AND ONE MEMBER, A TERM OF FOUR YEARS FOR TWO MEMBERS, AND A TERM 2,595
OF TWO YEARS FOR ONE MEMBER. THEREAFTER, MEMBERS SHALL BE 2,596
APPOINTED FOR SIX-YEAR TERMS. AT THE CONCLUSION OF A TERM, A 2,597
MEMBER SHALL HOLD OFFICE UNTIL THE APPOINTMENT AND QUALIFICATION 2,598
OF THE MEMBER'S SUCCESSOR. THE DIRECTOR SHALL FILL A VACANCY 2,599
OCCURRING BEFORE THE EXPIRATION OF A TERM FOR THE REMAINDER OF 2,600
THAT TERM. MEMBERS MAY BE REAPPOINTED. A MEMBER MAY BE REMOVED 2,601
FOR GOOD CAUSE SHOWN AFTER A FULL AND OPEN HEARING BY THE RELEASE 2,602
AUTHORITY, IF REQUESTED BY THE MEMBER, AT WHICH THE MEMBER HAS AN 2,604
OPPORTUNITY TO RESPOND TO THE ALLEGATIONS THAT PROVIDE THE BASIS 2,605
65
FOR A CALL FOR REMOVAL.
(D) THE DIRECTOR SHALL DESIGNATE AS CHAIRPERSON OF THE 2,608
RELEASE AUTHORITY ONE OF THE MEMBERS WHO HAS EXPERIENCE IN 2,609
CRIMINAL JUSTICE, JUVENILE JUSTICE, OR AN EQUIVALENT RELEVANT 2,610
PROFESSION. THE CHAIRPERSON SHALL HAVE FULL AUTHORITY OVER THE 2,611
ADMINISTRATION AND MANAGEMENT OF THE RELEASE AUTHORITY AND SHALL 2,612
ACT AS THE APPOINTING AUTHORITY FOR ALL STAFF OF THE RELEASE 2,613
AUTHORITY. THE CHAIRPERSON SHALL EMPLOY STAFF AS NECESSARY TO 2,614
CARRY OUT THE DUTIES OF THE RELEASE AUTHORITY, INCLUDING HEARING 2,615
REPRESENTATIVES TO PARTICIPATE IN THE HEARING OF CASES ON REVIEW 2,616
AND PERSONS TO PROVIDE ADMINISTRATIVE SUPPORT. THE CHAIRPERSON 2,617
SHALL SERVE AS THE OFFICIAL SPOKESPERSON FOR THE RELEASE 2,618
AUTHORITY. 2,619
(E) A MAJORITY OF THE MEMBERS OF THE RELEASE AUTHORITY 2,622
SHALL CONSTITUTE A QUORUM FOR TRANSACTING THE OFFICIAL BUSINESS 2,623
OF THE AUTHORITY. THE ACTIONS OF THE RELEASE AUTHORITY SHALL BE 2,624
DETERMINED BY A MAJORITY VOTE OF THE QUORUM. 2,625
(F) THE RELEASE AUTHORITY SHALL DO ALL OF THE FOLLOWING: 2,628
(1) SERVE AS THE FINAL AND SOLE AUTHORITY FOR MAKING 2,630
DECISIONS, IN THE INTERESTS OF PUBLIC SAFETY AND THE CHILDREN 2,631
INVOLVED, REGARDING THE RELEASE, REVOCATION OF RELEASE, AND 2,632
DISCHARGE OF ALL CHILDREN COMMITTED TO THE LEGAL CUSTODY OF THE 2,633
DEPARTMENT OF YOUTH SERVICES, EXCEPT CHILDREN PLACED ON JUDICIAL 2,634
RELEASE OR EARLY RELEASE BY A JUVENILE COURT, CHILDREN WHO HAVE 2,635
NOT COMPLETED A PRESCRIBED MINIMUM PERIOD OF TIME OR PRESCRIBED 2,636
PERIOD OF TIME IN A SECURE FACILITY, OR CHILDREN WHO ARE REQUIRED 2,637
TO REMAIN IN A SECURE FACILITY UNTIL THEY ATTAIN TWENTY-ONE YEARS 2,638
OF AGE;
(2) ESTABLISH WRITTEN POLICIES AND PROCEDURES FOR 2,640
CONDUCTING A PERIODIC REVIEW OF THE STATUS OF EACH CHILD IN THE 2,641
CUSTODY OF THE DEPARTMENT, SETTING OR MODIFYING DATES OF RELEASE 2,642
AND DISCHARGE FOR EACH CHILD, SPECIFYING THE DURATION, TERMS, AND 2,643
CONDITIONS OF RELEASE TO BE CARRIED OUT IN SUPERVISED RELEASE, 2,644
AND GIVING A CHILD NOTICE OF ALL REVIEWS; 2,645
66
(3) PROVIDE A CHILD WHOSE SUPERVISED RELEASE MAY BE 2,647
REVOKED WITH THE OPPORTUNITY TO APPEAR PERSONALLY BEFORE THE 2,648
RELEASE AUTHORITY FOR A REVOCATION HEARING, UNLESS THE SAFETY OF 2,649
A VICTIM, WITNESS, OR MEMBER OR THE SAFETY OF THE CHILD MAY BE 2,650
COMPROMISED;
(4) MAINTAIN RECORDS OF ITS OFFICIAL ACTIONS, DECISIONS, 2,654
ORDERS, AND HEARING SUMMARIES AND MAKE THE RECORDS ACCESSIBLE IN 2,655
ACCORDANCE WITH DIVISION (D) OF SECTION 5139.05 OF THE REVISED 2,656
CODE;
(5) COOPERATE WITH PUBLIC AND PRIVATE AGENCIES, 2,658
COMMUNITIES, PRIVATE GROUPS, AND INDIVIDUALS FOR THE DEVELOPMENT 2,659
AND IMPROVEMENT OF ITS SERVICES; 2,660
(6) COLLECT, DEVELOP, AND MAINTAIN STATISTICAL INFORMATION 2,663
REGARDING ITS SERVICES AND DECISIONS;
(7) SUBMIT AN ANNUAL REPORT TO THE DIRECTOR INCLUDING A 2,666
DESCRIPTION OF THE OPERATIONS OF THE RELEASE AUTHORITY, AN
EVALUATION OF ITS EFFECTIVENESS, RECOMMENDATIONS FOR STATUTORY, 2,667
BUDGETARY, OR OTHER CHANGES NECESSARY TO IMPROVE ITS 2,668
EFFECTIVENESS, AND ANY OTHER INFORMATION REQUIRED BY THE 2,669
DIRECTOR;
(8) ADOPT RULES AND WRITTEN POLICIES AND PROCEDURES TO 2,671
GOVERN ITS OPERATIONS. 2,672
(G) THE RELEASE AUTHORITY MAY DO THE FOLLOWING: 2,675
(1) CONDUCT INQUIRIES, INVESTIGATIONS, AND REVIEWS AND 2,678
HOLD HEARINGS AND OTHER PROCEEDINGS NECESSARY TO PROPERLY
DISCHARGE ITS RESPONSIBILITIES; 2,679
(2) ISSUE SUBPOENAS, ENFORCEABLE IN A COURT OF LAW, TO 2,681
COMPEL A PERSON TO APPEAR, GIVE TESTIMONY, OR PRODUCE DOCUMENTARY 2,683
INFORMATION OR OTHER TANGIBLE ITEMS RELATING TO A MATTER UNDER 2,684
INQUIRY, INVESTIGATION, REVIEW, OR HEARING;
(3) ADMINISTER OATHS AND RECEIVE TESTIMONY OF PERSONS 2,686
UNDER OATH; 2,687
(4) REQUEST ASSISTANCE, SERVICES, AND INFORMATION FROM A 2,690
PUBLIC AGENCY TO ENABLE THE AUTHORITY TO DISCHARGE ITS
67
RESPONSIBILITIES; 2,691
(5) REQUEST FROM A PUBLIC AGENCY OR OTHER ENTITY THAT 2,693
PROVIDES OR HAS PROVIDED SERVICES TO A CHILD COMMITTED TO THE 2,694
DEPARTMENT'S LEGAL CUSTODY INFORMATION TO ENABLE THE RELEASE 2,695
AUTHORITY TO PROPERLY DISCHARGE ITS RESPONSIBILITIES WITH RESPECT 2,697
TO THAT CHILD;
(6) REQUIRE VICTIM RESTITUTION AS A TERM AND CONDITION OF 2,700
RELEASE AND DISCHARGE;
(7) REQUIRE THAT THE TERMS AND CONDITIONS OF A CHILD'S 2,702
RELEASE BE ENFORCED DURING THE PERIOD OF SUPERVISED RELEASE UNTIL 2,704
DISCHARGE;
(8) CAUSE THE ARREST OF A CHILD ON SUPERVISED RELEASE WHO 2,707
MAY BE SUBJECT TO REVOCATION OF RELEASE;
(9) EXERCISE ANY OTHER POWERS NECESSARY TO DISCHARGE ITS 2,710
RESPONSIBILITIES.
(H) THE RELEASE AUTHORITY SHALL ADOPT SPECIFIC WRITTEN 2,712
POLICIES GOVERNING THE DISCHARGE OF ITS RESPONSIBILITIES EITHER 2,714
BY THE FULL MEMBERSHIP OF THE AUTHORITY OR BY THE DELEGATION OF 2,715
AUTHORITY TO ONE OR MORE MEMBERS OF THE RELEASE AUTHORITY OR TO 2,716
HEARING REPRESENTATIVES. THE POLICY SHALL REQUIRE THAT A HEARING 2,717
BE CONDUCTED BY NOT FEWER THAN TWO MEMBERS OF THE RELEASE 2,718
AUTHORITY, TWO HEARING REPRESENTATIVES, OR A COMBINATION OF A 2,719
MEMBER OF THE AUTHORITY AND A HEARING REPRESENTATIVE. 2,720
(I) THE RELEASE AUTHORITY SHALL NOT DELEGATE ITS AUTHORITY 2,723
TO MAKE FINAL DECISIONS REGARDING POLICY OR REGARDING THE RELEASE 2,724
OF A CHILD OR THE REVOCATION OF A RELEASE. 2,725
(J) THE RELEASE AUTHORITY SHALL ADOPT A WRITTEN POLICY AND 2,727
PROCEDURES GOVERNING APPEALS OF ITS DECISIONS. THE POLICY SHALL 2,729
PROVIDE THAT A CHILD MAY APPEAL TO THE FULL RELEASE AUTHORITY A 2,730
DECISION DENYING RELEASE OR DISCHARGE OR A DECISION FOR 2,731
REVOCATION MADE AT A HEARING CONDUCTED BY A PANEL THAT DOES NOT 2,732
INCLUDE ALL OF THE MEMBERS OF THE RELEASE AUTHORITY. THE POLICY 2,733
ALSO SHALL PROVIDE THAT IF A DECISION DENYING RELEASE OR 2,734
DISCHARGE OR A DECISION FOR REVOCATION IS MADE BY THE FULL 2,735
68
RELEASE AUTHORITY, THE CHILD MAY REQUEST ONE APPEAL HEARING AT 2,736
WHICH THE CHILD SHALL BE AFFORDED A FINAL OPPORTUNITY TO PRESENT 2,737
NEW OR ADDITIONAL INFORMATION RELATED TO ANY OF THE REASONS 2,738
ENUMERATED BY THE RELEASE AUTHORITY IN THE DECISION UNDER APPEAL. 2,739
THE RELEASE AUTHORITY SHALL CONSIDER AN APPEAL IN ACCORDANCE WITH 2,740
THE POLICY AND PROCEDURE ESTABLISHED UNDER THIS DIVISION. 2,741
(K) THE LEGAL STAFF OF THE DEPARTMENT OF YOUTH SERVICES 2,744
SHALL PROVIDE ASSISTANCE TO THE RELEASE AUTHORITY IN THE 2,745
FORMULATION OF POLICY AND IN ITS HANDLING OF INDIVIDUAL CASES AND 2,746
SHALL PROVIDE LEGAL REPRESENTATION FOR THE RELEASE AUTHORITY WHEN 2,747
NECESSARY. THE DEPARTMENT OF YOUTH SERVICES SHALL PROVIDE THE 2,748
RELEASE AUTHORITY WITH A BUDGET SUFFICIENT TO PROPERLY PERFORM 2,749
ITS OBLIGATIONS AND RESPONSIBILITIES, SUBJECT TO ADMINISTRATIVE 2,750
CONTROLS.
Sec. 5139.51. (A) THE RELEASE AUTHORITY OF THE DEPARTMENT 2,752
OF YOUTH SERVICES SHALL CONDUCT PERIODIC REVIEWS OF THE CASE OF 2,753
EACH CHILD WHO IS IN THE CUSTODY OF THE DEPARTMENT OF YOUTH 2,755
SERVICES AND WHO IS ELIGIBLE FOR SUPERVISED RELEASE OR DISCHARGE 2,756
AFTER COMPLETING THE MINIMUM PERIOD OF TIME OR PERIOD OF TIME IN
A SECURE FACILITY PRESCRIBED BY THE COMMITTING COURT. THE 2,757
RELEASE AUTHORITY SHALL DETERMINE THE DATE ON WHICH A CHILD MAY 2,758
BE PLACED ON SUPERVISED RELEASE OR DISCHARGED. IT SHALL SET 2,759
TERMS AND CONDITIONS OF SUPERVISED RELEASE FOR EACH CHILD PLACED 2,760
ON SUPERVISED RELEASE. WHEN IT ISSUES A DECISION THAT GRANTS OR 2,761
DENIES RELEASE OR DISCHARGE FOR A CHILD, IT SHALL PROVIDE THE 2,762
CHILD WITH A WRITTEN RECORD OF THE REASONS FOR THE DECISION. 2,764
(B) WHEN THE RELEASE AUTHORITY DECIDES TO PLACE A CHILD ON 2,767
SUPERVISED RELEASE, IT SHALL PREPARE A WRITTEN DOCUMENT THAT 2,768
SPECIFIES THE TERMS AND CONDITIONS UPON WHICH THE CHILD IS 2,769
RELEASED FROM A SECURE FACILITY TO SUPERVISED RELEASE. THE CHILD 2,770
SHALL SIGN A COPY OF THE DOCUMENT TO INDICATE THE CHILD'S 2,771
AGREEMENT TO ABIDE BY THE TERMS AND CONDITIONS OF SUPERVISED 2,772
RELEASE. THE RELEASE AUTHORITY SHALL KEEP THE ORIGINAL DOCUMENT 2,773
IN THE CHILD'S FILE AND PROVIDE A COPY TO THE CHILD, THE EMPLOYEE 2,774
69
OF THE DEPARTMENT ASSIGNED TO SUPERVISE AND ASSIST THE CHILD ON 2,775
RELEASE, AND THE VICTIM OR VICTIM'S REPRESENTATIVE IF THAT PERSON 2,776
HAS REQUESTED NOTICE PURSUANT TO SECTION 5139.56 OF THE REVISED 2,777
CODE.
(C) IN ADDITION TO REQUIREMENTS THAT ARE REASONABLY 2,780
RELATED TO THE CHILD'S PRIOR PATTERN OF CRIMINAL OR DELINQUENT 2,781
BEHAVIOR AND THE PREVENTION OF FURTHER CRIMINAL OR DELINQUENT 2,782
BEHAVIOR, THE RELEASE AUTHORITY SHALL SPECIFY THE FOLLOWING 2,783
REQUIREMENTS FOR EACH CHILD WHOM IT RELEASES:
(1) THE CHILD SHALL OBSERVE THE LAW. 2,785
(2) THE CHILD SHALL MAINTAIN APPROPRIATE CONTACT, AS 2,787
SPECIFIED IN THE WRITTEN DOCUMENT FOR THAT CHILD, WITH THE 2,788
EMPLOYEE OF THE DEPARTMENT ASSIGNED TO SUPERVISE AND ASSIST THE 2,789
CHILD. 2,790
(3) IF THE CHILD'S RESIDENCE CHANGES, THE CHILD SHALL 2,792
NOTIFY THE EMPLOYEE OF THE DEPARTMENT ASSIGNED TO SUPERVISE AND 2,793
ASSIST THE CHILD AND PROVIDE APPROPRIATE INFORMATION REGARDING 2,794
THE CHILD'S NEW RESIDENCE ADDRESS. 2,795
(D) THE EMPLOYEE OF THE DEPARTMENT ASSIGNED TO SUPERVISE 2,797
AND ASSIST A CHILD ON RELEASE MAY SUBMIT A WRITTEN REQUEST TO THE 2,799
RELEASE AUTHORITY FOR MODIFICATION OF THE TERMS AND CONDITIONS OF 2,800
THE CHILD'S SUPERVISED RELEASE, OTHER THAN THE TERMS SPECIFIED IN 2,801
DIVISION (C) OF THIS SECTION. THE RELEASE AUTHORITY MAY GRANT A 2,803
MODIFICATION IN WRITING WITHOUT A HEARING IF THE MODIFICATION IS 2,804
IN THE BEST INTERESTS OF PUBLIC SAFETY AND THE CHILD. THE 2,805
RELEASE AUTHORITY SHALL KEEP THE ORIGINAL DOCUMENT SPECIFYING 2,806
MODIFICATIONS TO THE TERMS AND CONDITIONS OF THE CHILD'S 2,807
SUPERVISED RELEASE IN THE CHILD'S FILE AND SHALL GIVE WRITTEN 2,808
NOTICE OF THE MODIFICATIONS TO THE CHILD, THE EMPLOYEE OF THE 2,809
DEPARTMENT ASSIGNED TO SUPERVISE AND ASSIST THE CHILD ON RELEASE, 2,810
AND THE VICTIM OR VICTIM'S REPRESENTATIVE IF THAT PERSON HAS 2,811
REQUESTED NOTICE.
(E) THE PERIOD OF A CHILD'S SUPERVISED RELEASE MAY EXTEND 2,814
FROM THE DATE OF RELEASE FROM A SECURE FACILITY UNTIL THE CHILD 2,815
70
ATTAINS TWENTY-ONE YEARS OF AGE. IF THE PERIOD OF SUPERVISED 2,816
RELEASE EXTENDS BEYOND ONE YEAR AFTER THE DATE OF RELEASE OR 2,817
AFTER ANY MINIMUM PERIOD OR PERIOD OF INSTITUTIONALIZATION 2,818
REQUIRED BY LAW, THE CHILD MAY REQUEST IN WRITING THAT THE 2,819
RELEASE AUTHORITY CONDUCT A DISCHARGE REVIEW AFTER THE EXPIRATION 2,820
OF THE ONE-YEAR PERIOD OR THE MINIMUM PERIOD OR PERIOD. IF THE 2,821
CHILD SO REQUESTS, THE RELEASE AUTHORITY SHALL CONDUCT A 2,822
DISCHARGE REVIEW AND GIVE THE CHILD ITS DECISION IN WRITING. THE 2,823
RELEASE AUTHORITY SHALL NOT GRANT A DISCHARGE PRIOR TO THE
DISCHARGE DATE IF IT FINDS GOOD CAUSE FOR RETAINING THE CHILD IN 2,824
THE CUSTODY OF THE DEPARTMENT UNTIL THE DISCHARGE DATE. A CHILD 2,825
MAY REQUEST AN ADDITIONAL DISCHARGE REVIEW SIX MONTHS AFTER THE 2,826
DATE OF A PREVIOUS DISCHARGE REVIEW DECISION, BUT NOT MORE THAN 2,827
ONCE DURING ANY SIX-MONTH PERIOD AFTER THE DATE OF A PREVIOUS 2,828
DISCHARGE REVIEW DECISION. 2,829
(F) WHEN THE RELEASE AUTHORITY PLACES A CHILD ON 2,832
SUPERVISED RELEASE OR DISCHARGES A CHILD, IT SHALL GIVE NOTICE OF 2,833
THE SUPERVISED RELEASE AND ITS TERMS AND CONDITIONS OR OF THE 2,834
DISCHARGE TO THE COURT THAT COMMITTED THE CHILD TO THE CUSTODY OF 2,835
THE DEPARTMENT.
Sec. 5139.52. (A) THE RELEASE AUTHORITY OF THE DEPARTMENT 2,837
OF YOUTH SERVICES MAY REVOKE THE SUPERVISED RELEASE OF A CHILD 2,839
AFTER A HEARING IF IT FINDS THAT THE CHILD HAS VIOLATED THE LAW 2,840
OR ANY TERM OR CONDITION OF THE CHILD'S SUPERVISED RELEASE. 2,841
(B) AT ANY TIME DURING A CHILD'S SUPERVISED RELEASE, IF 2,843
THE REGIONAL ADMINISTRATOR OR THE EMPLOYEE OF THE DEPARTMENT 2,845
ASSIGNED TO SUPERVISE AND ASSIST THE CHILD HAS REASONABLE GROUNDS 2,846
TO BELIEVE THAT THE CHILD HAS VIOLATED A CONDITION OR TERM OF THE 2,847
SUPERVISED RELEASE, THE ADMINISTRATOR OR EMPLOYEE MAY ISSUE A 2,848
SUMMONS THAT REQUIRES THE CHILD TO APPEAR FOR A HEARING TO ANSWER 2,849
CHARGES OF THE ALLEGED VIOLATION. THE SUMMONS SHALL CONTAIN A 2,850
BRIEF STATEMENT OF THE ALLEGED VIOLATION, INCLUDING THE DATE AND 2,851
PLACE OF THE VIOLATION, AND SHALL REQUIRE THE CHILD TO APPEAR FOR 2,852
A HEARING BEFORE THE RELEASE AUTHORITY AT A SPECIFIC DATE, TIME, 2,853
71
AND PLACE. THE SUMMONS MAY BE PERSONALLY SERVED BY AN EMPLOYEE 2,854
OF THE DEPARTMENT OF YOUTH SERVICES. THE RELEASE AUTHORITY SHALL 2,856
REGARD THE FAILURE OF A CHILD TO APPEAR FOR THE HEARING STATED IN 2,857
THE SUMMONS AS A VIOLATION OF THE CHILD'S SUPERVISED RELEASE. 2,858
(C)(1) AT ANY TIME WHILE A CHILD IS ON SUPERVISED RELEASE, 2,861
A MEMBER OF THE RELEASE AUTHORITY OR A STAFF MEMBER DESIGNATED BY 2,862
THE DIRECTOR OF YOUTH SERVICES PURSUANT TO SECTION 5139.53 OF THE 2,863
REVISED CODE MAY ISSUE, OR CAUSE TO BE ISSUED, A WARRANT FOR THE 2,864
ARREST OF A CHILD FOR THE VIOLATION OF A CONDITION OR TERM OF THE 2,865
CHILD'S SUPERVISED RELEASE. THE WARRANT SHALL SET FORTH THAT, IN 2,866
THE GOOD FAITH JUDGMENT OF THE MEMBER OR STAFF MEMBER, THE CHILD 2,867
HAS VIOLATED A TERM OR CONDITION OF THE CHILD'S SUPERVISED 2,868
RELEASE, SHALL STATE THE BASIS FOR THAT BELIEF, AND SHALL ORDER 2,869
THAT THE CHILD BE TAKEN TO AN APPROPRIATE PLACE OF SECURE 2,870
DETENTION PENDING A PROBABLE CAUSE DETERMINATION. 2,871
(2) A STAFF MEMBER DESIGNATED BY THE DIRECTOR PURSUANT TO 2,874
SECTION 5139.53 OF THE REVISED CODE, A PEACE OFFICER, OR ANY
OTHER OFFICER WITH THE POWER TO ARREST MAY EXECUTE A WARRANT 2,875
ISSUED UNDER THIS SECTION AND TAKE THE CHILD INTO SECURE CUSTODY. 2,877
(3) IF THE PERSON ORDERED TO BE TAKEN TO A PLACE OF SECURE 2,880
DETENTION IS EIGHTEEN, NINETEEN, OR TWENTY YEARS OF AGE, THE
PERSON MAY BE CONFINED IN THE JAIL OF THE COUNTY IN WHICH THE 2,881
PERSON IS TAKEN INTO CUSTODY. IF THE PERSON ORDERED TO BE TAKEN 2,883
TO A PLACE OF SECURE DETENTION IS UNDER EIGHTEEN YEARS OF AGE, 2,884
THE PERSON MAY BE CONFINED IN THE NEAREST JUVENILE DETENTION 2,885
FACILITY.
(D) A STAFF MEMBER DESIGNATED BY THE DIRECTOR OF YOUTH 2,888
SERVICES PURSUANT TO SECTION 5139.53 OF THE REVISED CODE, A PEACE 2,889
OFFICER, OR ANY OTHER OFFICER WITH THE POWER TO ARREST MAY ARREST 2,890
WITHOUT A WARRANT AND TAKE INTO SECURE CUSTODY A CHILD IN THE 2,891
LEGAL CUSTODY OF THE DEPARTMENT IN ANY OF THE FOLLOWING 2,892
CIRCUMSTANCES: 2,893
(1) THE CHILD HAS COMMITTED OR IS COMMITTING AN OFFENSE IN 2,896
THE PRESENCE OF THE STAFF MEMBER, PEACE OFFICER, OR OTHER 2,897
72
OFFICER.
(2) THERE IS PROBABLE CAUSE TO BELIEVE THAT THE CHILD HAS 2,900
VIOLATED A TERM OR CONDITION OF SUPERVISED RELEASE AND THAT THE 2,901
CHILD IS LEAVING OR IS ABOUT TO LEAVE THE STATE.
(3) THE CHILD HAS FAILED TO APPEAR BEFORE THE RELEASE 2,903
AUTHORITY PURSUANT TO A SUMMONS OR FAILED TO REPORT TO A SECURE 2,904
FACILITY UPON THE ORDER OF THE RELEASE AUTHORITY. 2,905
(4) THE ARREST OF THE CHILD IS NECESSARY TO PREVENT 2,907
PHYSICAL HARM TO ANOTHER PERSON OR TO THE CHILD. 2,908
(E) AN EMPLOYEE OF THE DEPARTMENT ASSIGNED TO SUPERVISE 2,911
AND ASSIST A CHILD WHILE ON SUPERVISED RELEASE OR ANOTHER STAFF 2,912
MEMBER DESIGNATED BY THE DIRECTOR OF YOUTH SERVICES PURSUANT TO 2,913
SECTION 5139.53 OF THE REVISED CODE, AS APPROPRIATE, PROMPTLY
SHALL NOTIFY THE RELEASE AUTHORITY IN WRITING WHEN A SUMMONS OR 2,914
WARRANT IS SERVED OR AN ARREST IS MADE PURSUANT TO THIS SECTION 2,915
AND SHALL SPECIFY IN DETAIL HOW THE CHILD HAS VIOLATED THE TERMS 2,916
AND CONDITIONS OF SUPERVISED RELEASE. 2,917
(F) WHEN A CHILD COMES BEFORE THE RELEASE AUTHORITY UPON A 2,920
SUMMONS, WARRANT, OR ARREST BASED UPON AN ALLEGED VIOLATION OF A 2,921
TERM OR CONDITION OF THE CHILD'S SUPERVISED RELEASE, THE RELEASE 2,922
AUTHORITY SHALL HOLD A HEARING IN ACCORDANCE WITH RULES ADOPTED 2,923
UNDER THIS SECTION. THE RELEASE AUTHORITY IS NOT REQUIRED TO 2,924
HOLD A HEARING IF THE CHILD ADMITS TO, IS ADJUDICATED DELINQUENT 2,925
FOR, OR IS CONVICTED OF OR PLEADS GUILTY TO AN OFFENSE COMMITTED 2,926
WHILE ON SUPERVISED RELEASE AND UPON WHICH THE VIOLATION OF THE 2,927
SUPERVISED RELEASE IS BASED. 2,928
IF THE RELEASE AUTHORITY FAILS TO MAKE A DETERMINATION 2,930
WITHIN A REASONABLE TIME IN THE CASE OF A CHILD ALLEGED TO HAVE 2,931
VIOLATED A TERM OR CONDITION OF SUPERVISED RELEASE, THE CHILD 2,933
SHALL BE RELEASED FROM CUSTODY UNDER THE CONTINUING TERMS AND 2,934
CONDITIONS OF THE CHILD'S SUPERVISED RELEASE.
(G) IF THE RELEASE AUTHORITY DETERMINES THAT A VIOLATION 2,937
OF A TERM OR CONDITION OF THE CHILD'S SUPERVISED RELEASE HAS 2,938
OCCURRED, THE RELEASE AUTHORITY AT THE CONCLUSION OF THE HEARING 2,939
73
SHALL ADVISE THE CHILD AND OTHER PARTIES OF ITS FINDINGS AND 2,940
DECISION. IF A VIOLATION OF SUPERVISED RELEASE IS FOUND, THE 2,941
RELEASE AUTHORITY MAY DO ONE OF THE FOLLOWING: 2,942
(1) ORDER THAT THE CHILD BE RETURNED TO A SECURE FACILITY 2,945
OR OTHER DESIGNATED SECURE OR NONSECURE RESIDENTIAL PROGRAM 2,946
INCLUDING A COMMUNITY CORRECTIONS FACILITY;
(2) MODIFY THE TERMS AND CONDITIONS OF THE CHILD'S 2,948
SUPERVISED RELEASE, INCLUDING REQUIRING A MORE INTENSIVE DEGREE 2,949
OF SUPERVISION, AND RETURN THE YOUTH TO THE COMMUNITY. 2,950
(H) IF A CHILD VIOLATES THE TERMS AND CONDITIONS OF 2,952
SUPERVISED RELEASE BY ABSCONDING FROM SUPERVISED RELEASE, THE 2,953
REGIONAL ADMINISTRATOR SHALL REPORT THE ABSCONDING TO THE RELEASE 2,954
AUTHORITY IN WRITING, AND THE RELEASE AUTHORITY SHALL ENTER AN 2,955
ORDER DECLARING THE CHILD TO BE A YOUTH VIOLATOR AT LARGE. WHEN 2,956
A YOUTH VIOLATOR AT LARGE IS APPREHENDED AND IS AVAILABLE FOR 2,957
RETURN TO THE DEPARTMENT, THE REGIONAL ADMINISTRATOR, UPON BEING 2,958
ADVISED OF THE APPREHENSION, SHALL RECOMMEND TO THE RELEASE 2,959
AUTHORITY THAT THE CHILD BE RETURNED TO A SECURE FACILITY, BE 2,960
RETURNED TO A DESIGNATED SECURE OR NONSECURE RESIDENTIAL PROGRAM, 2,961
INCLUDING A COMMUNITY CORRECTIONS FACILITY, OR BE RESTORED TO 2,962
SUPERVISED RELEASE ACCORDING TO NEW TERMS AND CONDITIONS. IF THE 2,963
RELEASE AUTHORITY DOES NOT ORDER THAT THE CHILD BE RETURNED TO 2,964
SUPERVISION ACCORDING TO NEW TERMS AND CONDITIONS OF SUPERVISED 2,965
RELEASE, THE AUTHORITY SHALL ORDER THAT THE CHILD BE RETURNED TO 2,966
A SECURE FACILITY OR OTHER DESIGNATED SECURE OR NONSECURE 2,967
RESIDENTIAL PROGRAM, INCLUDING A COMMUNITY CORRECTIONS FACILITY. 2,969
(I) IF A CHILD IS RETURNED TO A SECURE FACILITY OR OTHER 2,972
DESIGNATED SECURE OR NONSECURE RESIDENTIAL PROGRAM, INCLUDING A 2,973
COMMUNITY CORRECTIONS FACILITY, BECAUSE THE RELEASE AUTHORITY 2,974
REVOKED THE CHILD'S SUPERVISED RELEASE, THE DEPARTMENT OF YOUTH 2,975
SERVICES SHALL CONSIDER THE CHILD TO BE A PUBLIC SAFETY BED FOR 2,976
PURPOSES OF THIS CHAPTER. 2,977
(J) THE DEPARTMENT OF YOUTH SERVICES, IN ACCORDANCE WITH 2,981
CHAPTER 119. OF THE REVISED CODE, SHALL ADOPT RULES ESTABLISHING 2,982
74
PROCEDURES FOR A REVOCATION HEARING UNDER THIS SECTION. 2,983
Sec. 5139.53. (A) THE DIRECTOR OF YOUTH SERVICES SHALL 2,986
DESIGNATE CERTAIN EMPLOYEES OF THE DEPARTMENT OF YOUTH SERVICES, 2,987
INCLUDING REGIONAL ADMINISTRATORS, AS PERSONS WHO ARE AUTHORIZED 2,988
TO DO BOTH OF THE FOLLOWING: 2,989
(1) ARREST CHILDREN IN THE CUSTODY OF THE DEPARTMENT WHO 2,992
ARE VIOLATING OR HAVE VIOLATED THE TERMS AND CONDITIONS OF
SUPERVISED RELEASE; 2,993
(2) CARRY A FIREARM ISSUED BY THE DEPARTMENT WHILE ON DUTY 2,996
FOR THEIR PROTECTION IN CARRYING OUT OFFICIAL DUTIES. 2,997
(B) AN EMPLOYEE WHO IS AUTHORIZED TO CARRY A FIREARM IN 3,000
THE DISCHARGE OF OFFICIAL DUTIES, WITHIN SIX MONTHS OF RECEIVING 3,001
PERMISSION TO CARRY A FIREARM, SHALL SUCCESSFULLY COMPLETE A 3,002
BASIC FIREARM TRAINING PROGRAM THAT IS CONDUCTED AT A TRAINING 3,003
SCHOOL APPROVED BY THE OHIO PEACE OFFICER TRAINING COUNCIL AND 3,005
THAT IS SUBSTANTIALLY SIMILAR TO THE BASIC FIREARM TRAINING 3,006
PROGRAM FOR PEACE OFFICERS CONDUCTED AT THE OHIO PEACE OFFICER 3,007
TRAINING ACADEMY AND RECEIVE A CERTIFICATE OF SATISFACTORY 3,008
COMPLETION OF THAT PROGRAM FROM THE EXECUTIVE DIRECTOR OF THE 3,010
OHIO PEACE OFFICER TRAINING COUNCIL. AN EMPLOYEE AUTHORIZED TO 3,011
CARRY A FIREARM WHO DOES NOT SUCCESSFULLY COMPLETE A BASIC 3,012
FIREARM TRAINING PROGRAM WITHIN THE SIX-MONTH PERIOD AFTER 3,013
RECEIVING AUTHORIZATION TO CARRY A FIREARM SHALL NOT CARRY A 3,014
FIREARM IN THE DISCHARGE OF OFFICIAL DUTIES UNTIL THE EMPLOYEE 3,015
HAS SUCCESSFULLY COMPLETED A BASIC FIREARM TRAINING PROGRAM. 3,016
(C) AFTER RECEIPT OF A CERTIFICATE OF SATISFACTORY 3,019
COMPLETION OF A BASIC FIREARM TRAINING PROGRAM, TO MAINTAIN THE 3,020
RIGHT TO CARRY A FIREARM IN THE DISCHARGE OF OFFICIAL DUTIES, AN 3,021
EMPLOYEE AUTHORIZED UNDER THIS SECTION TO CARRY A FIREARM SHALL 3,022
SUCCESSFULLY COMPLETE A FIREARMS REQUALIFICATION PROGRAM IN 3,023
ACCORDANCE WITH SECTION 109.801 OF THE REVISED CODE.
(D) EACH EMPLOYEE AUTHORIZED TO CARRY A FIREARM SHALL GIVE 3,026
BOND TO THE STATE TO BE APPROVED BY THE CLERK OF THE COURT OF 3,027
COMMON PLEAS IN THE COUNTY OF THAT EMPLOYEE'S RESIDENCE. THE 3,028
75
BOND SHALL BE IN THE SUM OF ONE THOUSAND DOLLARS, CONDITIONED TO 3,029
SAVE THE PUBLIC HARMLESS BY REASON OF THE UNLAWFUL USE OF A 3,030
FIREARM. A PERSON INJURED OR THE FAMILY OF A PERSON KILLED BY 3,031
THE EMPLOYEE'S IMPROPER USE OF A FIREARM MAY HAVE RECOURSE ON THE 3,032
BOND.
(E) THE DIRECTOR OF YOUTH SERVICES SHALL ESTABLISH 3,035
POLICIES FOR THE CARRYING AND USE OF FIREARMS BY THE EMPLOYEES 3,036
THAT THE DIRECTOR DESIGNATES UNDER THIS SECTION. 3,037
Sec. 5139.54. (A) NOTWITHSTANDING ANY OTHER PROVISION FOR 3,039
DETERMINING WHEN A CHILD SHALL BE RELEASED OR DISCHARGED FROM THE 3,041
LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES, THE RELEASE 3,042
AUTHORITY, FOR MEDICAL REASONS, MAY RELEASE A CHILD UPON 3,043
SUPERVISED RELEASE OR DISCHARGE THE CHILD FROM THE CUSTODY OF THE 3,044
DEPARTMENT WHEN ANY OF THE FOLLOWING APPLIES: 3,045
(1) THE CHILD IS TERMINALLY ILL OR OTHERWISE IN IMMINENT 3,048
DANGER OF DEATH.
(2) THE CHILD IS INCAPACITATED DUE TO INJURY, DISEASE, 3,050
ILLNESS, OR OTHER MEDICAL CONDITION AND IS NO LONGER A THREAT TO 3,051
PUBLIC SAFETY. 3,052
(3) THE CHILD APPEARS TO BE A MENTALLY ILL PERSON SUBJECT 3,055
TO HOSPITALIZATION BY COURT ORDER OR A MENTALLY RETARDED PERSON
SUBJECT TO INSTITUTIONALIZATION BY COURT ORDER. 3,057
(B) WHEN CONSIDERING WHETHER TO RELEASE OR DISCHARGE A 3,060
CHILD FOR MEDICAL REASONS, THE RELEASE AUTHORITY MAY REQUEST 3,061
ADDITIONAL MEDICAL INFORMATION ABOUT THE CHILD OR MAY ASK THE 3,062
DEPARTMENT TO CONDUCT ADDITIONAL MEDICAL EXAMINATIONS. 3,063
(C) THE RELEASE AUTHORITY SHALL DETERMINE THE APPROPRIATE 3,066
LEVEL OF SUPERVISED RELEASE FOR A CHILD RELEASED UNDER THIS 3,067
SECTION. UPON GRANTING A RELEASE OR DISCHARGE UNDER THIS 3,068
SECTION, THE RELEASE AUTHORITY SHALL GIVE NOTICE OF THE RELEASE 3,069
AND ITS TERMS AND CONDITIONS OR OF THE DISCHARGE TO THE COURT 3,070
THAT COMMITTED THE CHILD TO THE CUSTODY OF THE DEPARTMENT. 3,071
(D) THE RELEASE AUTHORITY SHALL SUBMIT ANNUALLY TO THE 3,074
DIRECTOR OF YOUTH SERVICES A REPORT THAT INCLUDES ALL OF THE 3,075
76
FOLLOWING INFORMATION FOR THE PREVIOUS CALENDAR YEAR: 3,076
(1) THE NUMBER OF CHILDREN THE RELEASE AUTHORITY 3,078
CONSIDERED FOR MEDICAL RELEASE OR DISCHARGE; 3,079
(2) THE NATURE OF THE INJURY, DISEASE, ILLNESS, OR OTHER 3,081
MEDICAL CONDITION OF EACH CHILD CONSIDERED FOR MEDICAL RELEASE OR 3,082
DISCHARGE; 3,083
(3) THE DECISION MADE BY THE RELEASE AUTHORITY FOR EACH 3,085
CHILD, INCLUDING THE REASONS FOR DENYING MEDICAL RELEASE OR 3,086
DISCHARGE OR FOR GRANTING IT; 3,087
(4) THE NUMBER OF CHILDREN ON MEDICAL RELEASE WHO WERE 3,089
RETURNED TO A SECURE FACILITY OR WHOSE SUPERVISED RELEASE WAS 3,090
REVOKED. 3,091
Sec. 5139.55. (A) THE OFFICE OF VICTIMS' SERVICES IS 3,094
HEREBY CREATED WITHIN THE RELEASE AUTHORITY OF THE DEPARTMENT OF 3,095
YOUTH SERVICES. THE OFFICE OF VICTIMS' SERVICES SHALL PROVIDE 3,096
ASSISTANCE TO VICTIMS OF ACTS FOR WHICH A CHILD HAS BEEN 3,097
ADJUDICATED A DELINQUENT CHILD AND COMMITTED TO THE LEGAL CUSTODY 3,098
OF THE DEPARTMENT, VICTIMS' REPRESENTATIVES, AND MEMBERS OF A 3,099
VICTIM'S FAMILY. THE ASSISTANCE SHALL INCLUDE, BUT NOT BE 3,100
LIMITED TO, PROVIDING INFORMATION ABOUT THE POLICIES AND 3,101
PROCEDURES OF THE DEPARTMENT OF YOUTH SERVICES AND THE STATUS OF
CHILDREN IN THE LEGAL CUSTODY OF THE DEPARTMENT. THE OFFICE 3,102
SHALL MAKE AVAILABLE PUBLICATIONS TO ASSIST VICTIMS IN CONTACTING 3,104
STAFF OF THE DEPARTMENT ABOUT PROBLEMS WITH CHILDREN ON 3,105
SUPERVISED RELEASE OR IN A SECURE FACILITY.
(B) THE OFFICE OF VICTIMS' SERVICES SHALL EMPLOY A VICTIMS 3,108
COORDINATOR WHO SHALL ADMINISTER THE DUTIES OF THE OFFICE. THE 3,109
VICTIMS COORDINATOR SHALL BE IN THE UNCLASSIFIED CIVIL SERVICE 3,110
AND, AS A MANAGING OFFICER OF THE DEPARTMENT, SHALL REPORT 3,111
DIRECTLY TO THE CHAIRPERSON OF THE RELEASE AUTHORITY. THE OFFICE 3,112
SHALL EMPLOY OTHER STAFF MEMBERS TO ASSIST THE MEMBERS OF THE 3,113
RELEASE AUTHORITY AND HEARING REPRESENTATIVES IN IDENTIFYING 3,114
VICTIMS' ISSUES, ENSURE THAT THE RELEASE AUTHORITY UPHOLDS THE 3,115
PROVISIONS OF SECTION 5139.56 OF THE REVISED CODE, AND MAKE 3,116
77
RECOMMENDATIONS TO THE RELEASE AUTHORITY IN ACCORDANCE WITH 3,117
POLICIES ADOPTED BY THE DEPARTMENT. THE CHAIRPERSON OF THE 3,118
RELEASE AUTHORITY SHALL APPROVE THE HIRING OF THE EMPLOYEES OF 3,119
THE OFFICE.
(C) THE OFFICE OF VICTIMS' SERVICES SHALL COORDINATE ITS 3,122
ACTIVITIES WITH THE CHAIRPERSON OF THE RELEASE AUTHORITY. THE 3,123
VICTIMS COORDINATOR AND OTHER EMPLOYEES OF THE OFFICE SHALL HAVE 3,124
FULL ACCESS TO THE RECORDS OF CHILDREN IN THE LEGAL CUSTODY OF 3,125
THE DEPARTMENT.
Sec. 5139.56. (A) THE VICTIM OF AN ACT FOR WHICH A CHILD 3,127
HAS BEEN COMMITTED TO THE LEGAL CUSTODY OF THE DEPARTMENT OF 3,129
YOUTH SERVICES MAY SUBMIT A WRITTEN REQUEST TO THE RELEASE 3,130
AUTHORITY TO NOTIFY THE VICTIM OF ALL RELEASE, REVOCATION, AND 3,131
DISCHARGE REVIEWS RELATING TO THE CHILD. IF THE VICTIM IS A 3,132
MINOR, IS INCAPACITATED, INCOMPETENT, OR DECEASED, OR CHOOSES TO 3,133
BE REPRESENTED BY ANOTHER PERSON, THE VICTIM MAY DESIGNATE A 3,134
PERSON TO ACT ON THE VICTIM'S BEHALF AS A VICTIM'S REPRESENTATIVE 3,135
AND TO REQUEST AND RECEIVE THE NOTICES. IF MORE THAN ONE PERSON 3,136
SEEKS TO ACT AS THE REPRESENTATIVE OF THE VICTIM, THE RELEASE 3,137
AUTHORITY SHALL DESIGNATE ONE PERSON TO ACT AS THE VICTIM'S 3,138
REPRESENTATIVE. IF THE VICTIM CHOOSES NOT TO HAVE A 3,139
REPRESENTATIVE, THE VICTIM SHALL BE THE SOLE PERSON ACCORDED 3,140
RIGHTS UNDER THIS SECTION. THE RELEASE AUTHORITY MAY GIVE NOTICE 3,141
BY ANY MEANS REASONABLY CALCULATED TO PROVIDE PROMPT ACTUAL 3,142
NOTICE.
THE VICTIM OR VICTIM'S REPRESENTATIVE SHALL PROVIDE THE 3,144
RELEASE AUTHORITY AN ADDRESS OR TELEPHONE NUMBER AT WHICH NOTICE 3,145
MAY BE GIVEN AND SHALL NOTIFY THE RELEASE AUTHORITY OF ANY 3,146
CHANGES IN THAT INFORMATION. IF AT ANY TIME THE VICTIM OR 3,147
VICTIM'S REPRESENTATIVE ELECTS TO WAIVE NOTICE AND OTHER RIGHTS 3,148
AFFORDED BY THIS SECTION, THE VICTIM OR VICTIM'S REPRESENTATIVE 3,149
MAY DO SO IN A WRITTEN STATEMENT TO THE RELEASE AUTHORITY. 3,151
(B) IF A VICTIM OR VICTIM'S REPRESENTATIVE HAS REQUESTED 3,154
NOTICE OF PENDING REVIEWS, THE RELEASE AUTHORITY SHALL GIVE THAT 3,155
78
PERSON NOTICE OF A REVIEW AT LEAST TWENTY-ONE DAYS PRIOR TO THE 3,156
DATE OF THE REVIEW. THE NOTICE SHALL SPECIFY THE DATE OF THE 3,157
REVIEW, INCLUDING THE TIME AND PLACE OF ANY HEARING. UPON 3,158
RECEIVING NOTICE THAT A HEARING IS SCHEDULED, THE VICTIM OR 3,159
VICTIM'S REPRESENTATIVE, AT LEAST TWO DAYS PRIOR TO THE HEARING, 3,160
SHALL NOTIFY THE RELEASE AUTHORITY OF THE VICTIM'S OR 3,161
REPRESENTATIVE'S INTENTION TO BE PRESENT AT THE HEARING SO THAT 3,162
THE RELEASE AUTHORITY MAY ENSURE APPROPRIATE ACCOMMODATIONS AND 3,163
SECURITY.
(C) IF A VICTIM OR VICTIM'S REPRESENTATIVE HAS INDICATED A 3,166
DESIRE TO PARTICIPATE IN A REVIEW, THE RELEASE AUTHORITY SHALL 3,167
GIVE THAT PERSON AN OPPORTUNITY TO PROVIDE A WRITTEN STATEMENT OR 3,168
COMMUNICATE ORALLY WITH A REPRESENTATIVE OF THE RELEASE 3,169
AUTHORITY. IF A VICTIM OR VICTIM'S REPRESENTATIVE IS PRESENT AT 3,170
A HEARING, THE AUTHORITY SHALL GIVE THAT PERSON AN OPPORTUNITY TO 3,171
MAKE AN ORAL OR WRITTEN STATEMENT THAT MAY ADDRESS THE IMPACT OF 3,172
THE OFFENSE UPON THE VICTIM, INCLUDING THE NATURE AND EXTENT OF 3,173
ANY HARM SUFFERED, THE EXTENT OF ANY PROPERTY DAMAGE OR ECONOMIC 3,174
LOSS, ANY RESTITUTION ORDERED BY THE COMMITTING COURT AND THE 3,175
PROGRESS THE CHILD HAS MADE TOWARD FULFILLMENT OF THAT 3,176
OBLIGATION, AND THE VICTIM'S RECOMMENDATION FOR THE OUTCOME OF 3,177
THE REVIEW OR HEARING. A WRITTEN STATEMENT SUBMITTED BY A VICTIM 3,178
OR A VICTIM'S REPRESENTATIVE UNDER THIS SECTION IS CONFIDENTIAL, 3,179
IS NOT A PUBLIC RECORD, AND SHALL BE RETURNED TO THE RELEASE 3,181
AUTHORITY AT THE END OF A REVIEW OR HEARING BY ANY PERSON WHO 3,182
RECEIVES A COPY OF IT.
AT A HEARING BEFORE THE RELEASE AUTHORITY, A VICTIM OR 3,184
VICTIM'S REPRESENTATIVE MAY BE ACCOMPANIED BY ANOTHER PERSON FOR 3,185
SUPPORT, BUT THAT PERSON SHALL NOT ACT AS A VICTIM'S 3,186
REPRESENTATIVE. THE RELEASE AUTHORITY AND OTHER EMPLOYEES OF THE 3,188
DEPARTMENT OF YOUTH SERVICES SHALL MAKE REASONABLE EFFORTS TO 3,189
MINIMIZE CONTACT BETWEEN THE CHILD AND THE VICTIM, VICTIM'S
REPRESENTATIVE, OR SUPPORT PERSON BEFORE, DURING, AND AFTER THE 3,190
HEARING. THE RELEASE AUTHORITY SHALL USE A SEPARATE WAITING AREA 3,192
79
FOR THE VICTIM, VICTIM'S REPRESENTATIVE, AND SUPPORT PERSON IF A 3,193
SEPARATE AREA IS AVAILABLE.
(D) AT NO TIME SHALL A VICTIM OR VICTIM'S REPRESENTATIVE 3,196
BE COMPELLED TO DISCLOSE THE VICTIM'S ADDRESS, PLACE OF 3,197
EMPLOYMENT, OR SIMILAR IDENTIFYING INFORMATION TO THE CHILD OR 3,198
THE CHILD'S PARENT OR LEGAL GUARDIAN. UPON REQUEST OF A VICTIM 3,199
OR A VICTIM'S REPRESENTATIVE, THE RELEASE AUTHORITY SHALL KEEP IN 3,200
ITS FILES ONLY THE ADDRESS OR TELEPHONE NUMBER TO WHICH IT SHALL 3,201
SEND NOTICE OF A REVIEW.
(E) NO EMPLOYER SHALL DISCHARGE, DISCIPLINE, OR OTHERWISE 3,204
RETALIATE AGAINST A VICTIM OR VICTIM'S REPRESENTATIVE FOR 3,205
PARTICIPATING IN A HEARING BEFORE THE RELEASE AUTHORITY. THIS 3,206
DIVISION GENERALLY DOES NOT REQUIRE AN EMPLOYER TO COMPENSATE AN 3,207
EMPLOYEE FOR TIME LOST AS A RESULT OF ATTENDANCE AT A HEARING 3,208
BEFORE THE RELEASE AUTHORITY.
(F) THE RELEASE AUTHORITY SHALL MAKE REASONABLE, GOOD 3,211
FAITH EFFORTS TO COMPLY WITH THE PROVISIONS OF THIS SECTION. 3,212
FAILURE OF THE RELEASE AUTHORITY TO COMPLY WITH THIS SECTION DOES 3,213
NOT GIVE RISE TO A CLAIM FOR DAMAGES AGAINST THE RELEASE 3,214
AUTHORITY AND DOES NOT REQUIRE MODIFICATION OF A FINAL DECISION 3,215
BY THE RELEASE AUTHORITY. 3,216
(G) IF A VICTIM IS IN THE LEGAL CUSTODY OF THE DEPARTMENT 3,219
OF YOUTH SERVICES AND RESIDES IN A SECURE FACILITY OR IN ANOTHER 3,220
SECURE RESIDENTIAL PROGRAM, INCLUDING A COMMUNITY CORRECTIONS 3,221
FACILITY, OR IS INCARCERATED, THE RELEASE AUTHORITY MAY MODIFY 3,222
THE VICTIM'S RIGHTS UNDER THIS SECTION TO PREVENT A SECURITY 3,223
RISK, HARDSHIP, OR UNDUE BURDEN UPON A PUBLIC OFFICIAL OR AGENCY 3,224
WITH A DUTY UNDER THIS SECTION. IF THE VICTIM RESIDES IN ANOTHER 3,225
STATE UNDER SIMILAR CIRCUMSTANCES, THE RELEASE AUTHORITY MAY MAKE 3,226
SIMILAR MODIFICATIONS OF THE VICTIM'S RIGHTS. 3,227
Section 2. That existing sections 2151.312, 2151.355, 3,229
2151.38, 5139.01, 5139.04, 5139.05, 5139.06, 5139.07, 5139.08, 3,230
5139.18, 5139.20, 5139.32, 5139.35, 5139.38, and 5139.43 of the 3,231
Revised Code are hereby repealed. 3,232
80
Section 3. Section 2151.355 of the Revised Code is 3,234
presented in this act as a composite of the section as amended by 3,235
Sub. H.B. 274, Am. Sub. H.B. 445, and Am. Sub. S.B. 269 of the 3,236
121st General Assembly, with the new language of none of the acts 3,238
shown in capital letters. Section 5139.20 of the Revised Code is 3,239
presented in this act as a composite of the section as amended by 3,240
both Am. Sub. S.B. 2 and Am. Sub. H.B. 1 of the 121st General 3,241
Assembly, with the new language of neither of the acts shown in 3,243
capital letters. This is in recognition of the principle stated 3,244
in division (B) of section 1.52 of the Revised Code that such 3,245
amendments are to be harmonized where not substantively 3,246
irreconcilable and constitutes a legislative finding that such is 3,247
the resulting version in effect prior to the effective date of 3,248
this act.