As Reported by the House Criminal Justice Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 1 5
1997-1998 6
REPRESENTATIVES WILLIAMS-TAYLOR-MYERS-CALLENDER-BATCHELDER- 8
MASON-GARCIA 9
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 15
5139.50 to 5139.56 of the Revised Code to create 16
a Release Authority in the Department of Youth 17
Services to grant releases to certain children 18
committed to the Department, to establish a 19
procedure for the judicial release of certain 20
children in the Department's custody, and to 21
establish an Office of Victims' Services in the 22
Release Authority. 23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. That sections 2151.312, 2151.355, 2151.38, 27
5139.01, 5139.04, 5139.05, 5139.06, 5139.07, 5139.08, 5139.18, 28
5139.20, 5139.32, 5139.35, 5139.38, and 5139.43 be amended and 29
sections 5139.50, 5139.51, 5139.52, 5139.53, 5139.54, 5139.55, 30
and 5139.56 of the Revised Code be enacted to read as follows: 31
Sec. 2151.312. (A) Except as provided in divisions (B) 41
and (F) of this section, a child alleged to be or adjudicated a 42
delinquent child, an unruly child, or a juvenile traffic offender 43
may be held only in the following places: 44
(1) A certified family foster home or a home approved by 46
the court; 47
(2) A facility operated by a certified child welfare 49
2
agency; 50
(3) Any other suitable place designated by the court. 52
(B) In addition to the places listed in division (A) of 54
this section, a child alleged to be or adjudicated a delinquent 55
child may be held in a detention home or center for delinquent 56
children that is under the direction or supervision of the court 57
or other public authority or of a private agency and approved by 58
the court.
(C)(1) Except as provided under division (C)(1) of section 60
2151.311 of the Revised Code or division (A)(6) of section 61
2151.356 of the Revised Code, a child alleged to be or 63
adjudicated a neglected child, an abused child, a dependent
child, an unruly child, or a juvenile traffic offender may not be 64
held in any of the following facilities: 65
(a) A state correctional institution, county, multicounty, 68
or municipal jail or workhouse, or other place in which an adult 69
convicted of crime, under arrest, or charged with a crime is 70
held.
(b) A secure correctional facility. 72
(2) Except as provided under sections 2151.56 to 2151.61 74
and division (A)(6) of section 2151.356 of the Revised Code and 75
division (C)(3) of this section, a child alleged to be or 76
adjudicated an unruly child or a juvenile traffic offender may 77
not be held for more than twenty-four hours in a detention home. 78
A child alleged to be or adjudicated a neglected child, an abused 79
child, or a dependent child shall not be held in a detention
home.
(3) A child who is alleged to be or who is adjudicated an 81
unruly child and who is taken into custody on a Saturday, Sunday, 83
or legal holiday, as listed in section 1.14 of the Revised Code,
may be held in a detention home until the next succeeding day 84
that is not a Saturday, Sunday, or legal holiday. 85
(D) Except as provided in division (C)(F) of this section 87
or in division (C) of section 2151.311, in division (C)(3)(2) of 88
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section 5139.06 and section 5120.162, or in division (B) of 90
section 5120.16 of the Revised Code, a child who is alleged to be 91
or is adjudicated a delinquent child may not be held in a state 92
correctional institution, county, multicounty, or municipal jail 93
or workhouse, or other place where an adult convicted of crime, 94
under arrest, or charged with crime is held. 95
(E) Unless the detention is pursuant to division (C)(F) of 97
this section or division (C) of section 2151.311, division 99
(C)(3)(2) of section 5139.06 and section 5120.162, or division 101
(B) of section 5120.16 of the Revised Code, the official in 102
charge of the institution, jail, workhouse, or other facility 103
shall inform the court immediately when a child, who is or 104
appears to be under the age of eighteen years, is received at the 105
facility, and shall deliver the child to the court upon request 106
or transfer the child to a detention facility designated by the 107
court.
(F) If a case is transferred to another court for criminal 109
prosecution pursuant to section 2151.26 of the Revised Code, the 110
child may be transferred for detention pending the criminal 111
prosecution in a jail or other facility in accordance with the 112
law governing the detention of persons charged with crime. Any 113
child so held shall be confined in a manner that keeps the child 114
beyond the range of touch of all adult detainees. The child 115
shall be supervised at all times during the detention. 116
Sec. 2151.355. (A) If a child is adjudicated a delinquent 125
child, the court may make any of the following orders of 126
disposition:
(1) Any order that is authorized by section 2151.353 of 128
the Revised Code; 129
(2) Place the child on probation under any conditions that 131
the court prescribes. If the child is adjudicated a delinquent 132
child for violating section 2909.05, 2909.06, or 2909.07 of the 134
Revised Code and if restitution is appropriate under the
circumstances of the case, the court shall require the child to 135
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make restitution for the property damage caused by the child's 136
violation as a condition of the child's probation. If the child 138
is adjudicated a delinquent child because the child violated any 139
other section of the Revised Code, the court may require the 140
child as a condition of the child's probation to make restitution 141
for the property damage caused by the child's violation and for 142
the value of the property that was the subject of the violation 143
the child committed if it would be a theft offense, as defined in 144
division (K) of section 2913.01 of the Revised Code, if committed 145
by an adult. The restitution may be in the form of a cash 146
reimbursement paid in a lump sum or in installments, the 147
performance of repair work to restore any damaged property to its 148
original condition, the performance of a reasonable amount of 149
labor for the victim approximately equal to the value of the 150
property damage caused by the child's violation or to the value 151
of the property that is the subject of the violation if it would 152
be a theft offense if committed by an adult, the performance of 153
community service or community work, any other form of 154
restitution devised by the court, or any combination of the 155
previously described forms of restitution.
If the child is adjudicated a delinquent child for 157
violating a law of this state or the United States, or an 158
ordinance or regulation of a political subdivision of this state, 159
that would be a crime if committed by an adult or for violating 161
division (A) of section 2923.211 of the Revised Code, the court,
in addition to all other required or permissive conditions of 163
probation that the court imposes upon the delinquent child 165
pursuant to division (A)(2) of this section, shall require the 166
child as a condition of the child's probation to abide by the law 167
during the period of probation, including, but not limited to, 168
complying with the provisions of Chapter 2923. of the Revised 169
Code relating to the possession, sale, furnishing, transfer, 170
disposition, purchase, acquisition, carrying, conveying, or use 171
of, or other conduct involving a firearm or dangerous ordnance, 172
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as defined in section 2923.11 of the Revised Code. 173
(3) Commit the child to the temporary custody of any 175
school, camp, institution, or other facility operated for the 176
care of delinquent children by the county, by a district 178
organized under section 2151.34 or 2151.65 of the Revised Code, 179
or by a private agency or organization, within or without the 180
state, that is authorized and qualified to provide the care, 181
treatment, or placement required;
(4) If the child is adjudicated a delinquent child for 183
committing an act that would be a felony of the third, fourth, or 184
fifth degree if committed by an adult or for violating division 186
(A) of section 2923.211 of the Revised Code, commit the child to 187
the legal custody of the department of youth services for 188
institutionalization for an indefinite term consisting of a 189
minimum period of six months and a maximum period not to exceed 190
the child's attainment of twenty-one years of age; 191
(5)(a) If the child is adjudicated a delinquent child for 193
violating section 2903.03, 2905.01, 2909.02, or 2911.01 or 194
division (A) of section 2903.04 of the Revised Code or for 195
violating any provision of section 2907.02 of the Revised Code 196
other than division (A)(1)(b) of that section when the sexual 198
conduct or insertion involved was consensual and when the victim
of the violation of division (A)(1)(b) of that section was older 200
than the delinquent child, was the same age as the delinquent 201
child, or was less than three years younger than the delinquent 202
child, commit the child to the legal custody of the department of 203
youth services for institutionalization in a secure facility for 204
an indefinite term consisting of a minimum period of one to three 205
years, as prescribed by the court, and a maximum period not to 206
exceed the child's attainment of twenty-one years of age; 207
(b) If the child is adjudicated a delinquent child for 210
violating section 2923.02 of the Revised Code and if the 211
violation involves an attempt to commit a violation of section
2903.01 or 2903.02 of the Revised Code, commit the child to the 213
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legal custody of the department of youth services for
institutionalization in a secure facility for an indefinite term 214
consisting of a minimum period of six to seven years, as 215
prescribed by the court, and a maximum period not to exceed the 216
child's attainment of twenty-one years of age;
(c) If the child is adjudicated a delinquent child for 218
committing an act that is not described in division (A)(5)(a) or 219
(b) of this section and that would be a felony of the first or 220
second degree if committed by an adult, commit the child to the 221
legal custody of the department of youth services for 222
institutionalization in a secure facility for an indefinite term 223
consisting of a minimum period of one year and a maximum period 224
not to exceed the child's attainment of twenty-one years of age; 225
(6) If the child is adjudicated a delinquent child for 227
committing a violation of section 2903.01 or 2903.02 of the 228
Revised Code, commit the child to the legal custody of the 230
department of youth services for institutionalization in a secure 231
facility until the child's attainment of twenty-one years of age; 232
(7)(a) If the child is adjudicated a delinquent child for 235
committing an act, other than a violation of section 2923.12 of 236
the Revised Code, that would be a felony if committed by an adult 237
and is committed to the legal custody of the department of youth 238
services pursuant to division (A)(4), (5), or (6) of this section 239
and if the court determines that the child, if the child was an 240
adult, would be guilty of a specification of the type set forth 241
in section 2941.141, 2941.144, 2941.145, or 2941.146 of the 242
Revised Code in relation to the act for which the child was 243
adjudicated a delinquent child, commit the child to the legal 244
custody of the department of youth services for
institutionalization in a secure facility for the following 245
period of time, subject to division (A)(7)(b) of this section: 246
(i) If the child would be guilty of a specification of the 248
type set forth in section 2941.141 of the Revised Code, a period 249
of one year; 250
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(ii) If the child would be guilty of a specification of 252
the type set forth in section 2941.144, 2941.145, or 2941.146 of 253
the Revised Code, a period of three years. 254
(b) The court shall not commit a child to the legal 257
custody of the department of youth services pursuant to division 258
(A)(7)(a) of this section for a period of time that exceeds three 259
years. The period of commitment imposed pursuant to division 260
(A)(7)(a) of this section shall be in addition to, and shall be 261
served consecutively with and prior to, a period of commitment 262
ordered pursuant to division (A)(4), (5), or (6) of this section, 263
provided that the total of all the periods of commitment shall 264
not exceed the child's attainment of twenty-one years of age. 265
(8)(a) Impose a fine and costs in accordance with the 268
schedule set forth in section 2151.3512 of the Revised Code;
(b) Require the child to make restitution for all or part 270
of the property damage caused by the child's delinquent act and 271
for all or part of the value of the property that was the subject 272
of any delinquent act the child committed that would be a theft 273
offense, as defined in division (K) of section 2913.01 of the 274
Revised Code, if committed by an adult. If the court determines 275
that the victim of the child's delinquent act was sixty-five 276
years of age or older or permanently and totally disabled at the 277
time of the commission of the act, the court, regardless of 278
whether or not the child knew the age of the victim, shall 279
consider that fact in favor of imposing restitution, but that 280
fact shall not control the decision of the court. The 281
restitution may be in the form of a cash reimbursement paid in a 282
lump sum or in installments, the performance of repair work to 283
restore any damaged property to its original condition, the 284
performance of a reasonable amount of labor for the victim, the 285
performance of community service or community work, any other 286
form of restitution devised by the court, or any combination of 287
the previously described forms of restitution. 288
(9) Subject to division (D) of this section, suspend or 291
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revoke the driver's license or temporary instruction permit 292
issued to the child or suspend or revoke the registration of all 293
motor vehicles registered in the name of the child; 294
(10) If the child is adjudicated a delinquent child for 296
committing an act that, if committed by an adult, would be a 298
criminal offense that would qualify the adult as an eligible
offender pursuant to division (A)(3) of section 2929.23 of the 299
Revised Code, impose a period of electronically monitored house 300
detention in accordance with division (I) of this section that 302
does not exceed the maximum sentence of imprisonment that could 303
be imposed upon an adult who commits the same act; 304
(11) Commit the child to the temporary or permanent 306
custody of the court;
(12) Make any further disposition that the court finds 308
proper, except that the child shall not be placed in any state 309
correctional institution, county, multicounty, or municipal jail 310
or workhouse, or any other place in which an adult convicted of a 311
crime, under arrest, or charged with a crime is held. 312
(B)(1) If a child is adjudicated a delinquent child for 315
violating section 2923.32 of the Revised Code, the court, in 316
addition to any order of disposition it makes for the child under 317
division (A) of this section, shall enter an order of criminal 318
forfeiture against the child, in accordance with divisions 319
(B)(3), (4), (5), and (6) and (C) to (F) of section 2923.32 of 320
the Revised Code.
(2) If a child is adjudicated a delinquent child for 323
committing two or more acts that would be felonies if committed
by an adult and if the court entering the delinquent child 324
adjudication orders the commitment of the child, for two or more 325
of those acts, to the legal custody of the department of youth 326
services for institutionalization or institutionalization in a 327
secure facility pursuant to division (A)(4), (5), or (6) of this 328
section, the court may order that all of the periods of 329
commitment imposed under those divisions for those acts be served 331
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consecutively in the legal custody of the department of youth 332
services and, if applicable, be in addition to and commence 333
immediately following the expiration of a period of commitment 334
that the court imposes pursuant to division (A)(7) of this 335
section. A court shall not commit a delinquent child to the 336
legal custody of the department of youth services under division 337
(B)(2) of this section for a period that exceeds the child's 338
attainment of twenty-one years of age.
(C) If a child is adjudicated a delinquent child for 340
committing an act that, if committed by an adult, would be a drug 342
abuse offense, as defined in section 2925.01 of the Revised Code, 343
or for violating division (B) of section 2917.11 of the Revised 344
Code, in addition to imposing in its discretion any other order 345
of disposition authorized by this section, the court shall do 346
both of the following:
(1) Require the child to participate in a drug abuse or 348
alcohol abuse counseling program; 349
(2) Suspend or revoke the temporary instruction permit or 351
probationary operator's license issued to the child until the 352
child attains eighteen years of age or attends, at the discretion 354
of the court, and satisfactorily completes, a drug abuse or 355
alcohol abuse education, intervention, or treatment program 356
specified by the court. During the time the child is attending 357
the program, the court shall retain any temporary instruction 358
permit or probationary license issued to the child, and the court
shall return the permit or license when the child satisfactorily 359
completes the program. 360
(D) If a child is adjudicated a delinquent child for 363
violating section 2923.122 of the Revised Code, the court, in
addition to any order of disposition it makes for the child under 365
division (A), (B), or (C) of this section, shall revoke the 367
temporary instruction permit and deny the child the issuance of 368
another temporary instruction permit in accordance with division 369
(E)(1)(b) of section 2923.122 of the Revised Code or shall
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suspend the probationary driver's license, restricted license, or 372
nonresident operating privilege of the child or deny the child 373
the issuance of a probationary driver's license, restricted 374
license, or temporary instruction permit in accordance with 375
division (E)(1)(a), (c), (d), or (e) of section 2923.122 of the 376
Revised Code.
(E)(1) At the dispositional hearing and prior to making 378
any disposition pursuant to division (A) of this section, the 379
court shall determine whether a victim of the delinquent act 380
committed by the child was five years of age or younger at the 381
time the delinquent act was committed, whether a victim of the 382
delinquent act sustained physical harm to the victim's person 383
during the commission of or otherwise as a result of the 384
delinquent act, whether a victim of the delinquent act was 385
sixty-five years of age or older or permanently and totally 386
disabled at the time the delinquent act was committed, and 387
whether the delinquent act would have been an offense of violence 388
if committed by an adult. If the victim was five years of age or 389
younger at the time the delinquent act was committed, sustained 390
physical harm to the victim's person during the commission of or
otherwise as a result of the delinquent act, or was sixty-five 391
years of age or older or permanently and totally disabled at the 393
time the act was committed, regardless of whether the child knew 394
the age of the victim, and if the act would have been an offense 395
of violence if committed by an adult, the court shall consider 396
those facts in favor of imposing commitment under division 397
(A)(3), (4), (5), or (6) of this section, but those facts shall 398
not control the court's decision.
(2) At the dispositional hearing and prior to making any 400
disposition pursuant to division (A)(4), (5), or (6) of this 401
section, the court shall determine whether the delinquent child 402
previously has been adjudicated a delinquent child for a 403
violation of a law or ordinance. If the delinquent child 404
previously has been adjudicated a delinquent child for a 405
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violation of a law or ordinance, the court, for purposes of
entering an order of disposition for the delinquent child under 406
this section, shall consider the previous delinquent child 408
adjudication as a conviction of a violation of the law or 409
ordinance in determining the degree of offense the current
delinquent act would be had it been committed by an adult. 410
(F)(1) When a juvenile court commits a delinquent child to 412
the custody of the department of youth services pursuant to this 413
section, the court shall not designate the specific institution 414
in which the department is to place the child but instead shall 416
specify that the child is to be institutionalized or that the 417
institutionalization is to be in a secure facility if that is
required by division (A) of this section. 418
(2) When a juvenile court commits a delinquent child to 420
the custody of the department of youth services, the court shall 421
provide the department with the child's social history, the 422
child's medical records, a copy of the report of any mental 423
examination of the child ordered by the court, the section or 424
sections of the Revised Code violated by the child and the degree 425
of the violation, the warrant to convey the child to the 426
department, and a copy of the court's journal entry ordering the 427
commitment of the child to the legal custody of the department. 428
THE COURT ALSO SHALL COMPLETE THE FORM FOR THE STANDARD 430
PREDISPOSITION INVESTIGATION REPORT THAT IS PREPARED AND 431
FURNISHED BY THE DEPARTMENT OF YOUTH SERVICES PURSUANT TO SECTION 432
5139.04 OF THE REVISED CODE AND PROVIDE THE DEPARTMENT WITH THE
COMPLETED FORM. The department may refuse to accept physical 435
custody of a delinquent child who is committed to the legal 436
custody of the department until the court provides to the 437
department the documents specified in division (F)(2) of this 438
section. No officer or employee of the department who refuses to 440
accept physical custody of a delinquent child who is committed to 442
the legal custody of the department shall be subject to
prosecution or contempt of court for the refusal if the court 443
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fails to provide the documents specified in division (F)(2) of 445
this section at the time the court transfers the physical custody 446
of the child to the department. 447
(3) Within five working days after the juvenile court 449
commits a delinquent child to the custody of the department of 450
youth services, the court shall provide the department with a 451
copy of the arrest record pertaining to the act for which the 452
child was adjudicated a delinquent child, a copy of any victim 453
impact statement pertaining to that act, and any other 454
information concerning the child that the department reasonably 455
requests. Within twenty working days after the department of 456
youth services receives physical custody of a delinquent child 457
from a juvenile court, the court shall provide the department 458
with a certified copy of the child's birth certificate or the 460
child's social security number, or, if the court made all
reasonable efforts to obtain the information but was 461
unsuccessful, the court shall provide the department with 462
documentation of the efforts it made to obtain the information. 463
(4) When a juvenile court commits a delinquent child to 465
the custody of the department of youth services, the court shall 466
give notice to the school attended by the child of the child's 467
commitment by sending to that school a copy of the court's 468
journal entry ordering the commitment. As soon as possible after 469
receipt of the notice described in this division, the school 470
shall provide the department with the child's school transcript. 471
However, the department shall not refuse to accept a child 472
committed to it, and a child committed to it shall not be held in 473
a county or district detention home, because of a school's 474
failure to provide the school transcript that it is required to 475
provide under division (F)(4) of this section. 476
(5) The department of youth services shall provide the 478
court and the school with an updated copy of the child's school 479
transcript and shall provide the court with a summary of the 480
institutional record of the child when it releases the child from 481
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institutional care. The department also shall provide the court 482
with a copy of any portion of the child's institutional record 483
that the court specifically requests within five working days of 484
the request.
(6) When a juvenile court commits a delinquent child to 486
the custody of the department of youth services pursuant to 487
division (A)(4) or (5) of this section, the court shall state in 488
the order of commitment the total number of days that the child 489
has been held, as of the date of the issuance of the order, in 490
detention in connection with the delinquent child complaint upon 491
which the order of commitment is based. The department shall 493
reduce the minimum period of institutionalization or minimum 494
period of institutionalization in a secure facility specified in 495
division (A)(4) or (5) of this section by both the total number 496
of days that the child has been so held in detention as stated by 497
the court in the order of commitment and the total number of any 498
additional days that the child has been held in detention 499
subsequent to the order of commitment but prior to the transfer 500
of physical custody of the child to the department.
(G)(1) At any hearing at which a child is adjudicated a 503
delinquent child or as soon as possible after the hearing, the
court shall notify all victims of the delinquent act, who may be 504
entitled to a recovery under any of the following sections, of 505
the right of the victims to recover, pursuant to section 3109.09 506
of the Revised Code, compensatory damages from the child's 507
parents; of the right of the victims to recover, pursuant to 508
section 3109.10 of the Revised Code, compensatory damages from 509
the child's parents for willful and malicious assaults committed 510
by the child; and of the right of the victims to recover an award 511
of reparations pursuant to sections 2743.51 to 2743.72 of the 512
Revised Code. 513
(2) If a child is adjudicated a delinquent child for 516
committing an act that, if committed by an adult, would be 517
aggravated murder, murder, rape, felonious sexual penetration in
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violation of former section 2907.12 of the Revised Code, 518
involuntary manslaughter, a felony of the first or second degree 520
resulting in the death of or physical harm to a person, 521
complicity in or an attempt to commit any of those offenses, or
an offense under an existing or former law of this state that is 522
or was substantially equivalent to any of those offenses and if 523
the court in its order of disposition for that act commits the 524
child to the custody of the department of youth services, the 525
court may make a specific finding that the adjudication should be 526
considered a conviction for purposes of a determination in the 527
future, pursuant to Chapter 2929. of the Revised Code, as to 528
whether the child is a repeat violent offender as defined in 529
section 2929.01 of the Revised Code. If the court makes a 530
specific finding as described in this division, it shall include 531
the specific finding in its order of disposition and in the 532
record in the case.
(H)(1) If a child is adjudicated a delinquent child for 534
committing an act that would be a felony if committed by an adult 536
and if the child caused, attempted to cause, threatened to cause, 537
or created the risk of physical harm to the victim of the act, 538
the court, prior to issuing an order of disposition under this 539
section, shall order the preparation of a victim impact statement 540
by the probation department of the county in which the victim of 541
the act resides, by the court's own probation department, or by a 542
victim assistance program that is operated by the state, a 543
county, a municipal corporation, or another governmental entity. 544
The court shall consider the victim impact statement in 545
determining the order of disposition to issue for the child. 546
(2) Each victim impact statement shall identify the victim 548
of the act for which the child was adjudicated a delinquent 549
child, itemize any economic loss suffered by the victim as a 550
result of the act, identify any physical injury suffered by the 551
victim as a result of the act and the seriousness and permanence 552
of the injury, identify any change in the victim's personal 553
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welfare or familial relationships as a result of the act and any 554
psychological impact experienced by the victim or the victim's 555
family as a result of the act, and contain any other information 556
related to the impact of the act upon the victim that the court 557
requires. 558
(3) A victim impact statement shall be kept confidential 560
and is not a public record, as defined in section 149.43 of the 561
Revised Code. However, the court may furnish copies of the 562
statement to the department of youth services pursuant to 563
division (F)(3) of this section or to both the adjudicated 564
delinquent child or the adjudicated delinquent child's counsel 565
and the prosecuting attorney. The copy of a victim impact 567
statement furnished by the court to the department pursuant to 568
division (F)(3) of this section shall be kept confidential and is 569
not a public record, as defined in section 149.43 of the Revised 570
Code. The copies of a victim impact statement that are made 571
available to the adjudicated delinquent child or the adjudicated 572
delinquent child's counsel and the prosecuting attorney pursuant 574
to division (H)(3) of this section shall be returned to the court 577
by the person to whom they were made available immediately 578
following the imposition of an order of disposition for the child 579
under this section.
(I)(1) As used in this division, "felony drug abuse 581
offense" has the same meaning as in section 2925.01 of the 582
Revised Code. 583
(2) Sections 2925.41 to 2925.45 of the Revised Code apply 585
to children who are adjudicated or could be adjudicated by a 586
juvenile court to be delinquent children for an act that, if 587
committed by an adult, would be a felony drug abuse offense. 588
Subject to division (B) of section 2925.42 and division (E) of 589
section 2925.43 of the Revised Code, a delinquent child of that 590
nature loses any right to the possession of, and forfeits to the 591
state any right, title, and interest that the delinquent child 592
may have in, property as defined in section 2925.41 and further 594
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described in section 2925.42 or 2925.43 of the Revised Code. 595
(J)(1) As used in this section: 597
(a) "Electronic monitoring device," "certified electronic 599
monitoring device," "electronic monitoring system," and 600
"certified electronic monitoring system" have the same meanings 601
as in section 2929.23 of the Revised Code. 602
(b) "Electronically monitored house detention" means a 604
period of confinement of a child in the child's home or in other 605
premises specified by the court, during which period of 607
confinement all of the following apply: 608
(i) The child wears, otherwise has attached to the child's 610
person, or otherwise is subject to monitoring by a certified 611
electronic monitoring device or is subject to monitoring by a 612
certified electronic monitoring system. 613
(ii) The child is required to remain in the child's home 615
or other premises specified by the court for the specified period 616
of confinement, except for periods of time during which the child 617
is at school or at other premises as authorized by the court. 618
(iii) The child is subject to monitoring by a central 620
system that monitors the certified electronic monitoring device 621
that is attached to the child's person or that otherwise is being 622
used to monitor the child and that can monitor and determine the 624
child's location at any time or at a designated point in time, or 625
the child is required to participate in monitoring by a certified 627
electronic monitoring system. 628
(iv) The child is required by the court to report 630
periodically to a person designated by the court. 631
(v) The child is subject to any other restrictions and 633
requirements that may be imposed by the court. 634
(2) A juvenile court, pursuant to division (A)(10) of this 636
section, may impose a period of electronically monitored house 637
detention upon a child who is adjudicated a delinquent child for 638
committing an act that, if committed by an adult, would be a 639
criminal offense that would qualify the adult as an eligible 640
17
offender pursuant to division (A)(3) of section 2929.23 of the 641
Revised Code. The court may impose a period of electronically 642
monitored house detention in addition to or in lieu of any other 643
dispositional order imposed upon the child, except that any 644
period of electronically monitored house detention shall not 645
extend beyond the child's eighteenth birthday. If a court 646
imposes a period of electronically monitored house detention upon 647
a child, it shall require the child to wear, otherwise have 648
attached to the child's person, or otherwise be subject to 649
monitoring by a certified electronic monitoring device or to 651
participate in the operation of and monitoring by a certified 652
electronic monitoring system; to remain in the child's home or 653
other specified premises for the entire period of electronically 655
monitored house detention except when the court permits the child 656
to leave those premises to go to school or to other specified 657
premises; to be monitored by a central system that monitors the 658
certified electronic monitoring device that is attached to the 659
child's person or that otherwise is being used to monitor the 660
child and that can monitor and determine the child's location at 661
any time or at a designated point in time or to be monitored by 662
the certified electronic monitoring system; to report 663
periodically to a person designated by the court; and, in return 664
for receiving a dispositional order of electronically monitored 665
house detention, to enter into a written contract with the court 666
agreeing to comply with all restrictions and requirements imposed 667
by the court, agreeing to pay any fee imposed by the court for 668
the costs of the electronically monitored house detention imposed 669
by the court pursuant to division (E) of section 2929.23 of the 670
Revised Code, and agreeing to waive the right to receive credit 671
for any time served on electronically monitored house detention 672
toward the period of any other dispositional order imposed upon 673
the child for the act for which the dispositional order of 674
electronically monitored house detention was imposed if the child 675
violates any of the restrictions or requirements of the 676
18
dispositional order of electronically monitored house detention. 677
The court also may impose other reasonable restrictions and 678
requirements upon the child.
(3) If a child violates any of the restrictions or 680
requirements imposed upon the child as part of the child's 681
dispositional order of electronically monitored house detention, 682
the child shall not receive credit for any time served on 683
electronically monitored house detention toward any other 684
dispositional order imposed upon the child for the act for which 685
the dispositional order of electronically monitored house 687
detention was imposed.
(K) Within ten days after completion of the adjudication, 689
the court shall give written notice of an adjudication that a 690
child is a delinquent child to the superintendent of a city, 691
local, exempted village, or joint vocational school district if 692
the basis of the adjudication was the commission of an act that 693
would be a criminal offense if committed by an adult and that was 694
committed by the delinquent child when the child was sixteen 695
years of age or older and if the act is any of the following: 696
(1) A violation of section 2923.122 of the Revised Code 698
that relates to property owned or controlled by, or to an 699
activity held under the auspices of, the board of education of 700
that school district; 701
(2) A violation of section 2923.12 of the Revised Code or 703
of a substantially similar municipal ordinance that was committed 704
on property owned or controlled by, or at an activity held under 705
the auspices of, the board of education of that school district; 706
(3) A violation of division (A) of section 2925.03 or 708
2925.11 of the Revised Code that was committed on property owned 709
or controlled by, or at an activity held under the auspices of, 710
the board of education of that school district and that is not a 711
minor drug possession offense as defined in section 2925.01 of 712
the Revised Code;
(4) A violation of section 2903.01, 2903.02, 2903.03, 714
19
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised 716
Code, or a violation of former section 2907.12 of the Revised
Code, that was committed on property owned or controlled by, or 717
at an activity held under the auspices of, the board of education 718
of that school district, if the victim at the time of the 720
commission of the act was an employee of the board of education 721
of that school district;
(5) Complicity in any violation described in division 723
(K)(1), (2), (3), or (4) of this section that was alleged to have 725
been committed in the manner described in division (K)(1), (2), 726
(3), or (4) of this section, regardless of whether the act of 728
complicity was committed on property owned or controlled by, or 729
at an activity held under the auspices of, the board of education 730
of that school district. 731
(L) During the period of a delinquent child's probation 733
granted under division (A)(2) of this section, authorized 736
probation officers who are engaged within the scope of their 737
supervisory duties or responsibilities may search, with or 738
without a warrant, the person of the delinquent child, the place
of residence of the delinquent child, and a motor vehicle, 739
another item of tangible or intangible personal property, or 740
other real property in which the delinquent child has a right, 741
title, or interest or for which the delinquent child has the 742
express or implied permission of a person with a right, title, or 743
interest to use, occupy, or possess if the probation officers 744
have reasonable grounds to believe that the delinquent child is 745
not abiding by the law or otherwise is not complying with the 746
conditions of the delinquent child's probation. The court that 747
places a delinquent child on probation under division (A)(2) of 748
this section shall provide the delinquent child with a written 749
notice that informs the delinquent child that authorized 750
probation officers who are engaged within the scope of their 751
supervisory duties or responsibilities may conduct those types of 753
searches during the period of probation if they have reasonable
20
grounds to believe that the delinquent child is not abiding by 754
the law or otherwise is not complying with the conditions of the 755
delinquent child's probation. The court also shall provide the 756
written notice described in division (C)(2)(b) of section 757
2151.411 of the Revised Code to each parent, guardian, or
custodian of the delinquent child who is described in division 758
(C)(2)(a) of that section. 759
Sec. 2151.38. (A) When a child is committed to the legal 768
custody of the department of youth services, the jurisdiction of 769
the juvenile court with respect to the child so committed shall 770
cease and terminate at the time of commitment, except as provided 771
in divisions (B) and (C) of this section and except that, if the 772
department of youth services makes a motion to the court for the 773
termination of permanent custody, the court upon the motion, 774
after notice and hearing and for good cause shown, may terminate 775
permanent custody at any time prior to the child's attainment of 776
eighteen years of age. The court shall make disposition of the 778
matter in whatever manner will serve the best interests of the 779
child. Subject to divisions (B) and (C) of this section, 780
sections 2151.353 and 2151.411 to 2151.421 of the Revised Code, 781
and any other provision of law that specifies a different 783
duration for a dispositional order, all other dispositional 784
orders made by the court shall be temporary and shall continue 785
for a period that is designated by the court in its order, until 786
terminated or modified by the court or until the child attains 787
twenty-one years of age.
(B)(1)(a) If a child is committed to the department of 789
youth services pursuant to division (A)(4) or (5) of section 790
2151.355 of the Revised Code, except as provided in division 791
(B)(1)(b) and (c) of this section and in section 5139.38 of the 793
Revised Code,. THE RELEASE AUTHORITY OF the department shall not 795
release the child from institutional care or institutional care 796
in a secure facility and as a result shall not discharge the 797
child, OR order the child's release on parole, or assign the 799
21
child to a family home, group care facility, or other place for 800
treatment or rehabilitation, SUPERVISED RELEASE prior to the 801
expiration of the prescribed minimum period of 803
institutionalization or institutionalization in a secure 804
facility, unless the department, the child, or the child's parent 806
requests an early release from institutional care or 807
institutional care in a secure facility from the court that 808
committed the child and the court approves the early release in a 809
journal entry, or unless the court on its own motion grants an 810
early release. A request for early release by the department, 811
the child, or the child's parent shall be made only in accordance 812
with division (B)(2) of this section. 813
If a child is committed to the department of youth services 816
pursuant to division (A)(6) of section 2151.355 of the Revised 817
Code, except as provided in division (B)(1)(b) and (c) of this 818
section and in section 5139.38 of the Revised Code, the 820
department shall not release the child from institutional care in 821
a secure facility, and as a result shall not discharge the child, 822
order the child's release on parole, or assign the child to a 824
family home, group care facility, or other place for treatment or 825
rehabilitation, prior to the child's attainment of twenty-one 826
years of age, unless the department, the child, or the child's 828
parent requests an early release from institutional care in a 829
secure facility from the court that committed the child and the 830
court approves the early release in a journal entry, or unless 831
the court on its own motion grants an early release. A request 832
for early release by the department, the child, or the child's 833
parent shall be made only in accordance with division (B)(2) of 834
this section.
(b) If a child is committed to the department of youth 837
services pursuant to division (A)(7) of section 2151.355 of the 838
Revised Code, the department shall not release the child from 840
institutional care in a secure facility, and as a result shall 841
not discharge the child, order the child's release on parole, or 843
22
assign the child to a family home, group care facility, or other
place for treatment or rehabilitation, prior to the expiration of 845
the period of commitment required to be imposed by that division 847
and prior to the expiration of the prescribed minimum period of 848
institutionalization or institutionalization in a secure facility 849
under division (A)(4) or (5) of that section if either of those 851
divisions applies or prior to the child's attainment of
twenty-one years of age if division (A)(6) of that section 852
applies, unless the department, the child, or the child's parent 853
requests an early release from institutional care or 854
institutional care in a secure facility from the court that 855
committed the child, and the court approves the early release in 856
a journal entry, or unless the court on its own motion grants an 857
early release. The department, the child, or the child's parent 858
shall make a request for early release only in accordance with 859
division (B)(2) of this section.
(c) If a child is adjudicated a delinquent child for 862
committing two or more acts that would be felonies if committed
by an adult, if the court entering the delinquent child 863
adjudication ordered the commitment of the child to the legal 864
custody of the department of youth services for 865
institutionalization or institutionalization in a secure facility
pursuant to division (A)(4), (5), or (6) of section 2151.355 of 867
the Revised Code, and if pursuant to division (B)(2) of that 869
section the court ordered the periods of commitment imposed under 870
division (A)(4), (5), or (6) of that section for each of those 872
delinquent acts to be served consecutively in the legal custody
of the department, the department shall not release the child 874
from institutional care or institutional care in a secure 875
facility, and as a result shall not discharge the child, order 877
the child's release on parole, or assign the child to a family 878
home, group care facility, or other place for treatment or 879
rehabilitation, prior to the expiration of any period of 880
commitment imposed under division (A)(7) of that section and 881
23
prior to the earlier of the expiration of the prescribed minimum 882
periods or prescribed periods of institutionalization or 883
institutionalization in a secure facility imposed under division 884
(A)(4), (5), or (6) of that section for each of those delinquent 885
acts or the child's attainment of twenty-one years of age, unless 886
the department, the child, or the child's parent requests an 887
early release from institutional care or institutional care in a 888
secure facility from the court that committed the child, and the
court approves the early release in a journal entry, or unless 889
the court on its own motion grants an early release. The 890
department, the child, or the child's parent shall make a request 891
for early release only in accordance with division (B)(2) of this 892
section.
(2)(a) If OR PRIOR TO THE CHILD'S ATTAINMENT OF TWENTY-ONE 895
YEARS OF AGE, EXCEPT UPON THE ORDER OF A COURT PURSUANT TO 897
DIVISION (B) OR (C) OF THIS SECTION OR IN ACCORDANCE WITH SECTION 900
5139.54 OF THE REVISED CODE. 902
(B)(1) IF THE DEPARTMENT OF YOUTH SERVICES DESIRES TO 904
RELEASE A CHILD DURING THE FIRST HALF OF THE PRESCRIBED MINIMUM 905
TERM FOR THE MOST SERIOUS ACT FOR WHICH THE CHILD WAS COMMITTED 907
TO THE DEPARTMENT OR, IF THE CHILD WAS COMMITTED TO THE 908
DEPARTMENT UNTIL THE CHILD ATTAINS TWENTY-ONE YEARS OF AGE,
DURING THE FIRST HALF OF THE PRESCRIBED PERIOD OF COMMITMENT THAT 910
BEGINS ON THE FIRST DAY OF COMMITMENT AND ENDS ON THE CHILD'S
TWENTY-FIRST BIRTHDAY, IT SHALL REQUEST THE COURT THAT COMMITTED 912
THE CHILD TO THE DEPARTMENT FOR A JUDICIAL RELEASE OF THE CHILD 913
FROM INSTITUTIONAL CARE OR INSTITUTIONAL CARE IN A SECURE 914
FACILITY. DURING THE FIRST HALF OF THAT PRESCRIBED MINIMUM TERM 915
OR OF THAT PRESCRIBED PERIOD OF COMMITMENT, WHICHEVER OF THOSE 916
PERIODS IS APPLICABLE, THE CHILD OR THE PARENTS OF THE CHILD ALSO 917
MAY REQUEST THAT COURT TO GRANT A JUDICIAL RELEASE OF THE CHILD 918
FROM INSTITUTIONAL CARE OR INSTITUTIONAL CARE IN A SECURE
FACILITY. UPON RECEIPT OF A REQUEST FOR A JUDICIAL RELEASE FROM 919
THE DEPARTMENT, THE CHILD, OR THE CHILD'S PARENT OR UPON ITS OWN 920
24
MOTION, THE COURT THAT COMMITTED THE CHILD SHALL APPROVE THE 921
JUDICIAL RELEASE FROM INSTITUTIONAL CARE OR INSTITUTIONAL CARE IN 923
A SECURE FACILITY BY JOURNAL ENTRY, SHALL SCHEDULE WITHIN TWENTY 924
DAYS AFTER THE REQUEST IS RECEIVED A TIME FOR A HEARING ON
WHETHER THE CHILD IS TO BE RELEASED, OR SHALL REJECT THE REQUEST 926
BY JOURNAL ENTRY WITHOUT CONDUCTING A HEARING. IF THE COURT 927
REJECTS AN INITIAL REQUEST FOR A JUDICIAL RELEASE BY THE CHILD OR 928
THE CHILD'S PARENT, THE CHILD OR THE CHILD'S PARENT MAY MAKE ONE 930
ADDITIONAL REQUEST FOR A JUDICIAL RELEASE WITHIN THE FIRST HALF 931
OF THE APPLICABLE PRESCRIBED MINIMUM TERM OR PRESCRIBED PERIOD OF
COMMITMENT. THE CHILD OR THE CHILD'S PARENT MAY MAKE THE 932
ADDITIONAL REQUEST NO EARLIER THAN THIRTY DAYS AFTER THE FILING 933
OF THE PRIOR REQUEST FOR A JUDICIAL RELEASE. UPON THE FILING BY 934
THE CHILD OR THE CHILD'S PARENT OF A SECOND REQUEST FOR A 936
JUDICIAL RELEASE, THE COURT SHALL EITHER APPROVE OR DISAPPROVE
THE JUDICIAL RELEASE BY JOURNAL ENTRY OR SCHEDULE WITHIN TWENTY 939
DAYS AFTER THE REQUEST IS RECEIVED A TIME FOR A HEARING ON
WHETHER THE CHILD IS TO BE RELEASED. 940
(2) IF A COURT SCHEDULES A HEARING TO DETERMINE WHETHER A 942
CHILD SHOULD BE GRANTED A JUDICIAL RELEASE UNDER DIVISION (B)(1) 944
OF THIS SECTION, IT MAY ORDER THE DEPARTMENT TO DELIVER THE CHILD 945
TO THE COURT ON THE DATE SET FOR THE HEARING AND MAY ORDER THE 946
DEPARTMENT TO PRESENT TO THE COURT A REPORT ON THE CHILD'S 947
PROGRESS IN THE INSTITUTION TO WHICH THE CHILD WAS COMMITTED AND 948
RECOMMENDATIONS FOR TERMS AND CONDITIONS OF SUPERVISION OF THE 949
CHILD BY THE COURT AFTER RELEASE. THE COURT MAY CONDUCT THE 950
HEARING WITHOUT THE CHILD BEING PRESENT. THE COURT SHALL 951
DETERMINE AT THE HEARING WHETHER THE CHILD SHOULD BE GRANTED A 952
JUDICIAL RELEASE FROM INSTITUTIONALIZATION OR
INSTITUTIONALIZATION IN A SECURE FACILITY. IF THE COURT APPROVES 954
THE JUDICIAL RELEASE, THE COURT SHALL ORDER ITS STAFF TO PREPARE 955
A WRITTEN TREATMENT AND REHABILITATION PLAN FOR THE CHILD THAT 956
INCLUDES ANY TERMS AND CONDITIONS OF THE CHILD'S RELEASE 957
RECOMMENDED BY THE DEPARTMENT. THE COMMITTING COURT SHALL SEND
25
THE JUVENILE COURT OF THE COUNTY IN WHICH THE CHILD IS PLACED A 958
COPY OF THE RECOMMENDED PLAN AND THE TERMS AND CONDITIONS SET BY 959
THE COMMITTING COURT. THE COURT OF THE COUNTY IN WHICH THE CHILD 961
IS PLACED MAY ADOPT THE RECOMMENDED TERMS AND CONDITIONS SET BY 962
THE COMMITTING COURT AS AN ORDER OF THE COURT AND MAY ADD ANY 963
OTHER CONSISTENT TERMS AND CONDITIONS IT CONSIDERS APPROPRIATE. 964
(C)(1) IF A CHILD IS COMMITTED TO THE DEPARTMENT OF YOUTH 966
SERVICES AND HAS BEEN IN INSTITUTIONAL CARE OR INSTITUTIONAL CARE 967
IN A SECURE FACILITY FOR MORE THAN ONE HALF OF THE PRESCRIBED 969
MINIMUM TERM FOR THE MOST SERIOUS ACT FOR WHICH THE CHILD WAS 970
COMMITTED OR, IF THE CHILD WAS COMMITTED TO THE DEPARTMENT UNTIL
THE CHILD ATTAINS TWENTY-ONE YEARS OF AGE, FOR MORE THAN ONE HALF 971
OF THE PRESCRIBED PERIOD OF COMMITMENT THAT BEGINS ON THE FIRST 973
DAY OF COMMITMENT AND ENDS ON THE CHILD'S TWENTY-FIRST BIRTHDAY, 974
IF THE PRESCRIBED MINIMUM PERIOD OF INSTITUTIONALIZATION OR OTHER 976
STATUTORILY REQUIRED PERIOD OF INSTITUTIONALIZATION HAS NOT 977
EXPIRED, AND IF the department of youth services desires to 978
release a THE child committed to it pursuant to division (A)(4) 980
or (5) of section 2151.355 of the Revised Code from institutional 981
care or institutional care in a secure facility prior to the 982
expiration of the prescribed minimum periods of 985
institutionalization, if it desires to release a child committed 986
to it pursuant to division (A)(6) of that section from 987
institutional care in a secure facility prior to the child's
attainment of twenty-one years of age, if it desires to release a 989
child committed to it pursuant to division (A)(7) of that section 990
from institutional care in a secure facility prior to the 991
expiration of the period of commitment required to be imposed by 992
that division and prior to the expiration of the prescribed 993
minimum period of institutionalization or institutionalization in 994
a secure facility under division (A)(4) or (5) of that section if 995
either of those divisions applies or prior to the child's 996
attainment of twenty-one years of age if division (A)(6) of that 997
section applies, or if it desires to release a child committed to 998
26
it under the circumstances described in division (B)(1)(c) of 1,000
this section prior to the expiration of the prescribed minimum 1,001
periods or prescribed periods of institutionalization or 1,003
institutionalization in a secure facility described in that 1,004
division, except as provided in section 5139.38 of the Revised 1,005
Code, it shall request the court that committed the child for an 1,006
early release from institutional care or institutional care in a 1,007
secure facility.
Upon receipt of a request for a child's early release filed 1,009
by the department under this section at any time or upon its own 1,010
motion at any time, the court that committed the child to the 1,011
department shall approve the early release from institutional 1,012
care or institutional care in a secure facility by journal entry, 1,013
shall schedule a time within thirty days for a hearing on whether 1,015
the child is to be released, or shall reject the request by 1,016
journal entry without conducting a hearing. 1,017
(b) If a child who has been committed to the department 1,019
pursuant to division (A)(4), (5), (6), or (7) of section 2151.355 1,020
of the Revised Code or the parents of a child so committed seek 1,021
the child's early release from institutional care or 1,023
institutional care in a secure facility as described in division 1,024
(B)(1)(a), (b), or (c) of this section DURING THE APPLICABLE 1,025
PERIOD BETWEEN THE EXPIRATION OF THE FIRST HALF OF THAT 1,026
PRESCRIBED MINIMUM TERM OR PRESCRIBED PERIOD OF COMMITMENT AND
THE EXPIRATION OF THE REQUIRED MINIMUM OR OTHER PERIOD OF 1,028
INSTITUTIONALIZATION OR INSTITUTIONALIZATION IN A SECURE 1,029
FACILITY, the child or the child's parent shall ALSO MAY request 1,030
the court that committed the child to grant an early release. No 1,031
request of that type initially may be made prior to the 1,032
expiration of thirty days from the day on which the child began 1,033
institutional care or institutional care in a secure facility. 1,035
Upon the filing RECEIPT of an initial A request for early release 1,037
FROM THE DEPARTMENT, THE CHILD, OR THE CHILD'S PARENT OR UPON ITS 1,038
OWN MOTION AT ANY TIME DURING THAT PERIOD, the court shall 1,039
27
approve the early release by journal entry, shall schedule a time 1,040
within thirty days AFTER RECEIPT OF THE REQUEST for a hearing on 1,041
whether the child is to be released, or shall reject the request 1,043
by journal entry without conducting a hearing. If THE COURT 1,044
REJECTS an initial request for early release is rejected BY THE 1,046
CHILD OR THE CHILD'S PARENTS, WITHIN THE PERIOD PRESCRIBED IN
DIVISION (C)(1) OF THIS SECTION, the child or the child's parent 1,048
may make one or more subsequent requests for early release but 1,049
may make no more than one request for early release during each 1,050
period of ninety days that the child is institutionalized or 1,051
institutionalized in a secure facility after the filing of a 1,052
prior request for early release. Upon the filing of any A 1,053
request for early release subsequent to an initial request, the 1,054
court shall either approve or disapprove the early release by 1,055
journal entry or schedule a time within thirty days AFTER RECEIPT 1,056
OF THE REQUEST A TIME for a hearing on whether the child is to be 1,057
released.
(c)(2) If a court schedules a hearing to determine whether 1,059
a child committed to the department should be granted an early 1,060
release, either upon receipt of a request filed by the department 1,061
under division (B)(2)(a) of this section or filed by the child or 1,062
the child's parent in accordance with the time periods prescribed 1,063
in division (B)(2)(b) of this section, or upon its own motion, it 1,064
may order the department to deliver the child to the court on the 1,065
date set for the hearing and shall order the department to 1,066
present to the court at that time a treatment plan for the 1,067
child's post-institutional care. The court may conduct the 1,068
hearing without the child being present. The court shall 1,069
determine at the hearing whether the child should be released 1,070
GRANTED AN EARLY RELEASE from institutionalization or 1,072
institutionalization in a secure facility. If the court approves 1,073
the early release, the department shall prepare a written 1,074
treatment and rehabilitation plan for the child pursuant to 1,075
division (D)(E) of this section that shall include the terms and 1,077
28
conditions of the child's release. It shall send the committing 1,078
court and the juvenile court of the county in which the child is 1,079
placed a copy of the plan and the terms and conditions that it 1,080
fixed. The court of the county in which the child is placed may 1,081
adopt the terms and conditions set by the department as an order 1,082
of the court and may add any additional consistent terms and 1,083
conditions it considers appropriate. If 1,084
(D) IF a child is released under this division (B) OR (C) 1,087
OF THIS SECTION and the court of the county in which the child is 1,088
placed has reason to believe that the child has CHILD'S 1,089
DEPORTMENT IS not deported self in accordance with any THE 1,091
post-release terms and conditions established by the court in its 1,093
journal entry, the court of the county in which the child is 1,094
placed shall schedule a time for a hearing on whether the child 1,095
violated any of the post-release terms and conditions. If the 1,096
THAT court of the county in which the child is placed determines 1,098
at the hearing that the child violated any of the post-release 1,099
terms and conditions established by the court in its journal 1,100
entry, the court, if it determines that the violation of the 1,101
terms and conditions was a serious violation, may order the child 1,102
to be returned to the department for institutionalization or 1,103
institutionalization in a secure facility, consistent with the
original order of commitment of the child, or in any case may 1,104
make any other disposition of the child authorized by law that 1,105
the court considers proper. If the court of the county in which 1,106
the child is placed orders the child to be returned to a 1,107
department of youth services institution, the time during which 1,108
the child was institutionalized or institutionalized in a secure 1,109
facility prior to the child's JUDICIAL RELEASE OR early release 1,111
shall be considered as time served in fulfilling the prescribed 1,112
minimum period or prescribed period of institutionalization or 1,113
institutionalization in a secure facility that is applicable to 1,115
the child under the child's original order of commitment. If the 1,116
court orders the child returned to a department of youth services 1,117
29
institution, the child shall remain in institutional care for a 1,118
minimum period of three months or until the child successfully 1,119
completes a specialized parole SUPERVISED RELEASE revocation 1,120
program of a duration of not less than thirty days operated 1,122
either by the department or by an entity with whom the department 1,123
has contracted to provide a specialized parole SUPERVISED RELEASE 1,124
revocation program. 1,125
(C) If a child is committed to the department of youth 1,127
services pursuant to division (A)(4) or (5) of section 2151.355 1,128
of the Revised Code and the child has been institutionalized or 1,129
institutionalized in a secure facility for the prescribed minimum 1,131
periods of time under those divisions, the department, without 1,132
approval of the court that committed the child, may release the 1,133
child from institutional care or discharge the child. If the 1,134
department releases the child from institutional care and then 1,135
orders the child's release on parole or assigns the child to a 1,136
family home, group care facility, or other place for treatment or 1,138
rehabilitation, the department also shall prepare a written 1,139
treatment and rehabilitation plan for the child pursuant to 1,140
division (D) of this section that shall include the terms and 1,141
conditions of the child's release or assignment, and shall send 1,142
the committing court and the juvenile court of the county in 1,143
which the child is placed a copy of the plan and the terms and 1,144
conditions that it fixed. The court of the county in which the 1,145
child is placed may adopt the terms and conditions as an order of 1,146
the court and may add any additional consistent terms and 1,147
conditions it considers appropriate. The release, discharge, 1,148
release on parole, or assignment shall be in accordance with 1,149
division (C) of section 5139.06 of the Revised Code. Upon 1,150
notification of a pending release, discharge, release on parole, 1,151
or assignment in accordance with that division, the committing 1,152
court shall enter the notification in its journal. If a child is 1,153
released on parole or is assigned subject to specified terms and 1,154
conditions and the court of the county in which the child is 1,155
30
placed has reason to believe that the child has not deported self 1,157
in accordance with any post-release terms and conditions 1,158
established by the court in its journal entry, the court of the 1,159
county in which the child is placed, in its discretion, may 1,160
schedule a time for a hearing on whether the child violated any 1,161
of the post-release terms and conditions. If the court of the 1,162
county in which the child is placed conducts a hearing and 1,163
determines at the hearing that the child violated any of the 1,164
post-release terms and conditions established in its journal 1,165
entry, the court, if it determines that the violation of the 1,166
terms and conditions was a serious violation, may order the child 1,167
to be returned to the department of youth services for 1,168
institutionalization, or in any case may make any other 1,169
disposition of the child authorized by law that the court 1,170
considers proper. If the court of the county in which the child 1,171
is placed orders the child to be returned to a department of 1,172
youth services institution, the child shall remain 1,173
institutionalized for a minimum period of three months or until 1,174
the child successfully completes a specialized parole revocation 1,175
program of a duration of not less than thirty days operated 1,176
either by the department or by an entity with whom the department 1,177
has contracted to provide a specialized parole revocation 1,178
program. 1,179
(D)(E) The department of youth services, prior to the 1,181
release of a child pursuant to division (B) or (C) of this 1,182
section, shall do all of the following: 1,183
(1) After reviewing the child's rehabilitative progress 1,185
history and medical and educational records, prepare a written 1,186
treatment and rehabilitation plan for the child that shall 1,187
include terms and conditions of the release; 1,188
(2) Completely discuss the terms and conditions of the 1,190
plan prepared pursuant to division (D)(1)(E)(1) of this section 1,192
and the possible penalties for violation of the plan with the 1,193
child and the child's parents, guardian, or legal custodian; 1,194
31
(3) Have the plan prepared pursuant to division 1,196
(D)(1)(E)(1) of this section signed by the child, the child's 1,198
parents, legal guardian, or custodian, and any authority or 1,200
person that is to supervise, control, and provide supportive 1,201
assistance to the child at the time of the child's release 1,202
pursuant to division (B) or (C) of this section; 1,203
(4) File a copy of the treatment plan prepared pursuant to 1,205
division (D)(1)(E)(1) of this section, prior to the child's 1,206
release, with the committing court and the juvenile court of the 1,208
county in which the child is to be placed. 1,209
(E)(F) The department of youth services shall file a 1,211
written progress report with the committing court regarding each 1,212
child released pursuant to division (B) or (C) of this section, 1,213
at least once every thirty days unless specifically directed 1,214
otherwise by the court. The report shall indicate the treatment 1,215
and rehabilitative progress of the child and the child's family, 1,216
if applicable, and shall include any suggestions and 1,217
recommendations for alteration of the program, custody, living 1,218
arrangements, or treatment. The department shall retain legal 1,219
custody of a child so released until it discharges the child or 1,220
until the custody is terminated as otherwise provided by law. 1,221
Sec. 5139.01. (A) As used in this chapter: 1,230
(1) "Commitment" means the transfer of the physical 1,232
custody of a child or youth from the court to the department of 1,233
youth services. 1,234
(2) "Permanent commitment" means a commitment that vests 1,236
legal custody of a child in the department of youth services. 1,237
(3) "Legal custody," insofar as it pertains to the status 1,239
that is created when a child is permanently committed to the 1,240
department of youth services, means a legal status in which the 1,241
department has the following rights and responsibilities: the 1,242
right to have physical possession of the child; the right and 1,243
duty to train, protect, and control the child; the responsibility 1,245
to provide the child with food, clothing, shelter, education, and 1,247
32
medical care; and the right to determine where and with whom the 1,248
child shall live, subject to the minimum periods of, or periods 1,250
of, institutional care prescribed in section 2151.355 of the 1,252
Revised Code; provided, that these rights and responsibilities 1,253
are exercised subject to the powers, rights, duties, and 1,254
responsibilities of the guardian of the person of the child, and 1,255
subject to any residual parental rights and responsibilities. 1,256
(4) Unless the context requires a different meaning, 1,258
"institution" means a state facility that is created by the 1,259
general assembly and that is under the management and control of 1,260
the department of youth services or a private entity with which 1,261
the department has contracted for the institutional care and 1,262
custody of felony delinquents.
(5) "Full-time care" means care for twenty-four hours a 1,264
day for over a period of at least two consecutive weeks. 1,265
(6) "Placement" means the conditional release of a child 1,267
under the terms and conditions that are specified by the 1,268
department of youth services. The department shall retain legal 1,269
custody of a child released pursuant to division (B) of section 1,270
2151.38 of the Revised Code or division (C) of section 5139.06 of 1,271
the Revised Code until the time that it discharges the child or 1,272
until the legal custody is terminated as otherwise provided by 1,273
law. 1,274
(7) "Home placement" means the placement of a child in the 1,276
home of the child's parent or parents or in the home of the 1,277
guardian of the child's person. 1,279
(8) "Discharge" means that the department of youth 1,281
services' legal custody of a child is terminated. 1,282
(9) "Release" means the termination of a child's stay in 1,284
an institution. A child released pursuant to division (B) of 1,285
section 2151.38 or pursuant to division (C) of section 5139.06 of 1,286
the Revised Code shall be on parole until discharged pursuant to 1,287
division (C)(5) of section 5139.06 of the Revised Code or until 1,288
legal custody is terminated as otherwise provided by law AND THE 1,289
33
SUBSEQUENT PERIOD DURING WHICH THE CHILD RETURNS TO THE COMMUNITY 1,290
UNDER THE TERMS AND CONDITIONS OF SUPERVISED RELEASE. 1,291
(10) "Delinquent child" has the same meaning as in section 1,293
2151.02 of the Revised Code. 1,294
(11) "Felony delinquent" means any child who is at least 1,296
twelve years of age but less than eighteen years of age and who 1,297
is adjudicated a delinquent child for having committed an act 1,298
that if committed by an adult would be a felony. "Felony 1,299
delinquent" includes any adult who is between the ages of 1,300
eighteen and twenty-one and who is in the legal custody of the 1,301
department of youth services for having committed an act that if 1,302
committed by an adult would be a felony. 1,303
(12) "Juvenile traffic offender" has the same meaning as 1,305
in section 2151.021 of the Revised Code. 1,306
(13) "Public safety beds" INCLUDES A CHILD DESCRIBED IN 1,308
DIVISION (I) OF SECTION 5139.52 OF THE REVISED CODE AND ALSO 1,309
means all of the following:
(a) Felony delinquents who have been committed to the 1,311
department of youth services for the commission of an act, other 1,312
than a violation of section 2911.01 or 2911.11 of the Revised 1,313
Code, that is a category one offense or a category two offense 1,314
and who are in the care and custody of an institution or have 1,315
been diverted from care and custody in an institution and placed 1,316
in a community corrections facility; 1,317
(b) Felony delinquents who, while committed to the 1,319
department of youth services and in the care and custody of an 1,320
institution or a community corrections facility, are adjudicated 1,321
delinquent children for having committed in that institution or 1,322
community corrections facility an act that if committed by an 1,323
adult would be a felony or a misdemeanor;
(c) Children who satisfy all of the following: 1,325
(i) They are at least twelve years of age but less than 1,328
eighteen years of age.
(ii) They are adjudicated delinquent children for having 1,331
34
committed acts that if committed by an adult would be a felony. 1,332
(iii) They are committed to the department of youth 1,335
services by the juvenile court of a county that has had one-tenth 1,336
of one per cent or less of the statewide adjudications for felony 1,337
delinquents as averaged, through December 31, 1995, for the past
two fiscal years or as averaged, on and after January 1, 1996, 1,338
for the past four fiscal years. 1,339
(iv) They are in the care and custody of an institution or 1,341
a community corrections facility. 1,342
(d) Felony delinquents who, while committed to the 1,344
department of youth services and in the care and custody of an 1,345
institution, commit in that institution an act that if committed 1,346
by an adult would be a felony, who are serving administrative 1,347
time, as defined by rules of the department adopted pursuant to 1,348
division (E) of section 5139.04 of the Revised Code, for having
committed that act, and who have been institutionalized or 1,349
institutionalized in a secure facility for the minimum period of 1,350
time specified in division (A)(4) or (5) of section 2151.355 of 1,351
the Revised Code.
(e) Felony delinquents who are subject to and serving a 1,353
three-year period of commitment order imposed by a juvenile court 1,354
pursuant to division (A)(7) of section 2151.355 of the Revised 1,356
Code for an act, other than a violation of section 2911.11 of the 1,357
Revised Code, that would be a category one offense or category 1,358
two offense if committed by an adult.
(14) "State target youth" means twenty-five per cent of 1,360
the projected total number of felony delinquents for each year of 1,361
a biennium, factoring in revocations and recommitments. 1,362
(15) Unless the context requires a different meaning, 1,364
"community corrections facility" means a county or multicounty 1,365
rehabilitation center for felony delinquents who have been 1,366
committed to the department of youth services and diverted from 1,367
care and custody in an institution and placed in the 1,368
rehabilitation center pursuant to division (E) of section 5139.36 1,369
35
of the Revised Code. 1,370
(16) "Secure facility" means any facility that is designed 1,372
and operated to ensure that all of its entrances and exits are 1,373
under the exclusive control of its staff and to ensure that, 1,374
because of that exclusive control, no child who has been 1,375
institutionalized in the facility may leave the facility without
permission or supervision. 1,376
(17) "Community residential program" means a program that 1,378
satisfies both of the following: 1,379
(a) It is housed in a building or other structure that has 1,381
no associated major restraining construction, including, but not 1,382
limited to, a security fence. 1,383
(b) It provides twenty-four-hour care, supervision, and 1,385
programs for felony delinquents who are in residence. 1,386
(18) "Category one offense" and "category two offense" 1,388
have the same meanings is in section 2151.26 of the Revised Code. 1,389
(19) "REVOCATION" MEANS THE ACT OF REVOKING A CHILD'S 1,391
SUPERVISED RELEASE FOR A VIOLATION OF A TERM OR CONDITION OF THE 1,392
CHILD'S SUPERVISED RELEASE AND THE RETURN OF THE CHILD TO A 1,393
SECURE FACILITY OR A DESIGNATED SECURE OR NONSECURE RESIDENTIAL 1,394
PROGRAM, INCLUDING A COMMUNITY CORRECTIONS FACILITY. 1,395
(20) "RELEASE AUTHORITY" MEANS THE RELEASE AUTHORITY OF 1,398
THE DEPARTMENT OF YOUTH SERVICES THAT IS ESTABLISHED BY SECTION
5139.50 OF THE REVISED CODE. 1,400
(21) "SUPERVISED RELEASE" MEANS THE EVENT OF THE RELEASE 1,403
OF A CHILD FROM A SECURE FACILITY AND THE PERIOD AFTER THAT 1,404
RELEASE DURING WHICH THE CHILD IS SUPERVISED AND ASSISTED BY AN 1,405
EMPLOYEE OF THE DEPARTMENT OF YOUTH SERVICES UNDER SPECIFIC TERMS
AND CONDITIONS FOR REINTEGRATION OF THE CHILD INTO THE COMMUNITY. 1,406
(22) "VICTIM" MEANS THE PERSON IDENTIFIED IN A POLICE 1,409
REPORT, COMPLAINT, OR INFORMATION AS THE VICTIM OF AN ACT THAT 1,411
WOULD HAVE BEEN A CRIMINAL OFFENSE IF COMMITTED BY AN ADULT AND 1,412
THAT PROVIDED THE BASIS FOR ADJUDICATION PROCEEDINGS RESULTING IN 1,413
A CHILD'S COMMITMENT TO THE LEGAL CUSTODY OF THE DEPARTMENT OF 1,414
36
YOUTH SERVICES.
(23) "VICTIM'S REPRESENTATIVE" MEANS A MEMBER OF THE 1,416
VICTIM'S FAMILY OR ANOTHER PERSON WHOM THE VICTIM DESIGNATES TO 1,417
REPRESENT THE VICTIM WITH RESPECT TO PROCEEDINGS OF THE RELEASE 1,418
AUTHORITY OF THE DEPARTMENT OF YOUTH SERVICES. 1,419
(24) "MEMBER OF THE VICTIM'S FAMILY" MEANS A SPOUSE, 1,421
CHILD, STEPCHILD, SIBLING, PARENT, STEPPARENT, GRANDPARENT, OR 1,422
OTHER RELATIVE OF A CHILD BUT DOES NOT INCLUDE A PERSON CHARGED 1,423
WITH, CONVICTED OF, OR ADJUDICATED A DELINQUENT CHILD FOR A 1,424
CRIMINAL OR DELINQUENT ACT COMMITTED AGAINST THE VICTIM OR 1,425
ANOTHER CRIMINAL OR DELINQUENT ACT ARISING OUT OF THE SAME 1,427
CONDUCT, CRIMINAL OR DELINQUENT EPISODE, OR PLAN AS THE CRIMINAL 1,428
OR DELINQUENT ACT COMMITTED AGAINST THE VICTIM.
(B) There is hereby created the department of youth 1,430
services. The governor shall appoint the director of the 1,431
department with the advice and consent of the senate. The 1,432
director shall hold office during the term of the appointing 1,433
governor but subject to removal at the pleasure of the governor. 1,434
Except as otherwise authorized in section 108.05 of the Revised 1,435
Code, the director shall devote the director's entire time to the 1,437
duties of the director's office and shall hold no other office or 1,438
position of trust or profit during the director's term of office. 1,440
The director is the chief executive and administrative 1,442
officer of the department and has all the powers of a department 1,443
head set forth in Chapter 121. of the Revised Code. The director 1,445
may adopt rules for the government of the department, the conduct 1,446
of its officers and employees, the performance of its business, 1,447
and the custody, use, and preservation of the department's 1,448
records, papers, books, documents, and property. The director 1,449
shall be an appointing authority within the meaning of Chapter 1,450
124. of the Revised Code. Whenever this or any other chapter or 1,451
section of the Revised Code imposes a duty on or requires an 1,452
action of the department, the duty or action shall be performed 1,453
by the director or, upon the director's order, in the name of the 1,454
37
department. 1,455
Sec. 5139.04. The department of youth services shall do 1,464
all of the following: 1,465
(A) Support service districts through a central 1,467
administrative office that shall have as its administrative head 1,468
a deputy director who shall be appointed by the director of the 1,469
department. When a vacancy occurs in the office of that deputy 1,470
director, an assistant deputy director shall act as that deputy 1,472
director until the vacancy is filled. The position of deputy 1,473
director and assistant deputy director described in this division 1,474
shall be in the unclassified civil service of the state. 1,476
(B) Receive custody of all children committed to it under 1,478
Chapter 2151. of the Revised Code, cause a study to be made of 1,479
those children, and issue any orders, as it considers best suited 1,480
to the needs of any of those children and the interest of the 1,481
public, for the treatment of each of those children; 1,482
(C) Obtain personnel necessary for the performance of its 1,484
duties; 1,485
(D) Train or provide for training of probation and youth 1,487
correction workers; 1,488
(E) Adopt rules that regulate its organization and 1,491
operation, that implement sections 5139.41 to 5139.45 of the 1,492
Revised Code, that define administrative time for purposes of 1,493
division (A)(13)(d) of section 5139.01 of the Revised Code, and 1,495
that pertain to the administration of other sections of this 1,497
chapter;
(F) Submit reports of its operations to the governor and 1,499
the general assembly by the thirty-first day of January of each 1,500
odd-numbered year; 1,501
(G) Conduct a program of research in diagnosis, training, 1,503
and treatment of delinquent children to evaluate the 1,504
effectiveness of the department's services and to develop more 1,505
adequate methods; 1,506
(H) Receive reports from the juvenile courts under 1,508
38
division (C)(3)(b) of section 5139.43 of the Revised Code and 1,509
prepare an annual report of state juvenile court statistics and 1,510
information based upon those reports. The department shall make 1,511
available a copy of the annual report to the governor and members 1,512
of the general assembly upon request. 1,513
(I) DEVELOP A STANDARD FORM FOR THE PREDISPOSITION 1,515
INVESTIGATION REPORT THAT A JUVENILE COURT IS REQUIRED PURSUANT 1,516
TO SECTION 2151.355 OF THE REVISED CODE TO COMPLETE AND PROVIDE 1,517
TO THE DEPARTMENT WHEN THE COURT COMMITS A CHILD TO THE LEGAL 1,518
CUSTODY OF THE DEPARTMENT;
(J) Do all other acts necessary or desirable to carry out 1,520
this chapter. 1,521
Sec. 5139.05. (A) The juvenile court may commit any child 1,530
to the department of youth services permanently as authorized in 1,531
section 2151.355 of the Revised Code, provided that any child so 1,532
committed shall be at least twelve years of age at the time of 1,533
the child's commitment. Any order to commit a child to an 1,534
institution under the control and management of the department 1,536
shall have the effect of ordering that the child be committed to 1,537
the department and assigned to an institution as follows: 1,538
(1) For an indefinite term consisting of the prescribed 1,541
minimum period of time and a maximum period not to exceed the 1,542
child's attainment of twenty-one years of age, if the child was 1,543
committed pursuant to division (A)(4) or (5) of section 2151.355 1,544
of the Revised Code;
(2) Until the child's attainment of twenty-one years of 1,546
age, if the child was committed pursuant to division (A)(6) of 1,548
that section;
(3) For a period of commitment that shall be in addition 1,550
to, and shall be served consecutively with and prior to, a period 1,551
of commitment described in division (A)(1) or (2) of this 1,552
section, if the child was committed pursuant to division (A)(7) 1,553
of section 2151.355 of the Revised Code; 1,555
(4) For any period of commitment imposed under division 1,557
39
(A)(7) of section 2151.355 of the Revised Code and for 1,560
consecutive periods of commitment as described in division (A)(1) 1,561
or (2) of this section, if the child was the subject of a 1,562
consecutive periods of commitment order issued by the court 1,563
pursuant to division (B)(2) of section 2151.355 of the Revised 1,564
Code.
(B) The RELEASE AUTHORITY OF THE department of youth 1,566
services may grant the release from institutionalization of any 1,568
child committed to it pursuant to division (A)(4), (5), (6), or 1,569
(7) of section 2151.355 of the Revised Code in a manner 1,570
consistent with section 5139.38 of the Revised Code, in a manner 1,571
consistent with division (B) of section 2151.38 of the Revised 1,572
Code if that division is applicable to the child, or in a manner 1,573
consistent with division (C) of section 5139.06 of the Revised 1,574
Code if division (B) of section 2151.38 of the Revised Code is no 1,575
longer applicable to the child THE DEPARTMENT IN ACCORDANCE WITH 1,576
SECTION 5139.51 OF THE REVISED CODE.
The order committing a child to the department of youth 1,578
services shall state that the child has been adjudicated a 1,579
delinquent child and that the commitment is permanent. The 1,580
jurisdiction of the court terminates at the time of the 1,581
commitment except in relation to procedures for the JUDICIAL 1,582
RELEASE OR early release of children from institutionalization or 1,584
institutionalization in a secure facility and hearings conducted 1,586
relative to JUDICIAL RELEASE OR early release, except in relation 1,587
to its authority to add consistent terms and conditions, except 1,588
in relation to hearings conducted relative to violations of 1,589
post-release THE terms and conditions OF A JUDICIAL RELEASE OR 1,591
EARLY RELEASE, and except that the department may petition the 1,592
court for an order terminating its custody. When a child has been 1,593
committed permanently to the department, the department shall 1,594
retain legal custody of the child until the time that it divests 1,595
itself of the legal custody of the child by discharging the child 1,596
to the exclusive management, control, and custody of the child's 1,597
40
parent or the guardian of the child's person, until the 1,598
committing court, upon its own motion, upon petition of the 1,599
parent, guardian of the person, or next friend of a child, or 1,600
upon petition of the department, terminates the department's 1,601
legal custody of the child, or until the department's legal 1,602
custody of the child is terminated automatically by the child 1,603
attaining twenty-one years of age. 1,604
(C) When a child is committed to the department of youth 1,606
services, the department may assign the child to a hospital for 1,607
mental, physical, and other examination, inquiry, or treatment 1,608
for the period of time that is necessary. The department may 1,609
remove any child in its custody to a hospital for observation, 1,610
and a complete report of every observation at the hospital shall 1,612
be made in writing and shall include a record of observation, 1,613
treatment, and medical history and a recommendation for future 1,614
treatment, custody, and maintenance. The department shall 1,615
thereupon order the placement and treatment that it determines to 1,616
be most conducive to the purposes of Chapters 2151. and 5139. of 1,617
the Revised Code. The committing court and all public 1,618
authorities shall make available to the department all pertinent 1,619
data in their possession with respect to the case.
(D) Records maintained by the department of youth services 1,621
pertaining to the children in its custody shall be accessible 1,622
only to department employees, except by consent of the department 1,623
or upon the order of the judge of a court of record. These 1,624
records shall not be considered "public records," as defined in 1,625
section 149.43 of the Revised Code. 1,626
Except as otherwise provided by a law of this state or the 1,628
United States, the department of youth services may release 1,629
records that are maintained by the department of youth services 1,630
and that pertain to children in its custody to the department of 1,631
rehabilitation and correction regarding persons who are under the 1,632
jurisdiction of the department of rehabilitation and correction 1,633
and who have previously been committed to the department of youth
41
services. The department of rehabilitation and correction may 1,634
use those records for the limited purpose of carrying out the 1,635
duties of the department of rehabilitation and correction. 1,636
Records released by the department of youth services to the 1,637
department of rehabilitation and correction shall remain
confidential and shall not be considered public records as 1,638
defined in section 149.43 of the Revised Code. 1,639
(E)(1) When a child is committed to the department of 1,641
youth services, the department, orally or in writing, shall 1,642
notify the parent, guardian, or custodian of a child that the 1,643
parent, guardian, or custodian may request at any time from the 1,644
superintendent of the institution in which the child is located 1,645
any of the information described in divisions (E)(1)(a), (b), 1,646
(c), and (d) of this section. The parent, guardian, or custodian 1,647
may provide the department with the name, address, and telephone 1,648
number of the parent, guardian, or custodian, and, until the 1,649
department is notified of a change of name, address, or telephone 1,650
number, the department shall use the name, address, and telephone 1,651
number provided by the parent, guardian, or custodian to provide 1,652
notices or answer inquiries concerning the following information: 1,653
(a) When the department of youth services makes a 1,655
permanent assignment of the child to a facility, the department, 1,656
orally or in writing and on or before the third business day 1,657
after the day the permanent assignment is made, shall notify the 1,658
parent, guardian, or custodian of the child of the name of the 1,659
facility to which the child has been permanently assigned. 1,660
If a parent, guardian, or custodian of a child who is 1,662
committed to the department of youth services requests, orally or 1,663
in writing, the department to provide the parent, guardian, or 1,664
custodian with the name of the facility in which the child is 1,666
currently located, the department, orally or in writing and on or 1,667
before the next business day after the day on which the request 1,668
is made, shall provide the name of that facility to the parent, 1,669
guardian, or custodian.
42
(b) If a parent, guardian, or custodian of a child who is 1,671
committed to the department of youth services, orally or in 1,672
writing, asks the superintendent of the institution in which the 1,673
child is located whether the child is being disciplined by the 1,674
personnel of the institution, what disciplinary measure the 1,675
personnel of the institution are using for the child, or why the 1,676
child is being disciplined, the superintendent or the 1,677
superintendent's designee, on or before the next business day 1,679
after the day on which the request is made, shall provide the 1,680
parent, guardian, or custodian with written or oral responses to 1,681
the questions.
(c) If a parent, guardian, or custodian of a child who is 1,683
committed to the department of youth services, orally or in 1,684
writing, asks the superintendent of the institution in which the 1,685
child is held whether the child is receiving any medication from 1,686
personnel of the institution, what type of medication the child 1,687
is receiving, or what condition of the child the medication is 1,688
intended to treat, the superintendent or the superintendent's 1,690
designee, on or before the next business day after the day on 1,691
which the request is made, shall provide the parent, guardian, or 1,692
custodian with oral or written responses to the questions. 1,693
(d) When a major incident occurs with respect to a child 1,695
who is committed to the department of youth services, the 1,696
department, as soon as reasonably possible after the major 1,697
incident occurs, shall notify the parent, guardian, or custodian 1,698
of the child that a major incident has occurred with respect to 1,699
the child and of all the details of that incident that the 1,700
department has ascertained. 1,701
(2) The failure of the department of youth services to 1,703
provide any notification required by or answer any requests made 1,704
pursuant to division (E) of this section does not create a cause 1,705
of action against the state. 1,706
(F) The department of youth services, as a means of 1,708
punishment while the child is in its custody, shall not prohibit 1,709
43
a child who is committed to the department from seeing that 1,710
child's parent, guardian, or custodian during standard visitation 1,711
periods allowed by the department of youth services unless the 1,712
superintendent of the institution in which the child is held 1,713
determines that permitting that child to visit with the child's 1,715
parent, guardian, or custodian would create a safety risk to that 1,716
child, that child's parents, guardian, or custodian, the 1,717
personnel of the institution, or other children held in that 1,718
institution.
(G) As used in this section: 1,720
(1) "Permanent assignment" means the assignment or 1,722
transfer for an extended period of time of a child who is 1,723
committed to the department of youth services to a facility in 1,724
which the child will receive training or participate in 1,725
activities that are directed toward the child's successful 1,726
rehabilitation. "Permanent assignment" does not include the 1,727
transfer of a child to a facility for early release hearings 1,728
pursuant to section 2151.38 of the Revised Code or for any other 1,729
temporary assignment or transfer to a facility. 1,730
(2) "Major incident" means the escape or attempted escape 1,732
of a child who has been committed to the department of youth 1,733
services from the facility to which the child is assigned; the 1,734
return to the custody of the department of a child who has 1,735
escaped or otherwise fled the custody and control of the 1,736
department without authorization; the allegation of any sexual 1,737
activity with a child committed to the department; physical 1,738
injury to a child committed to the department as a result of 1,739
alleged abuse by department staff; an accident resulting in 1,740
injury to a child committed to the department that requires 1,741
medical care or treatment outside the institution in which the 1,742
child is located; the discovery of a controlled substance upon 1,743
the person or in the property of a child committed to the 1,744
department; a suicide attempt by a child committed to the 1,745
department; a suicide attempt by a child committed to the 1,746
44
department that results in injury to the child requiring 1,747
emergency medical services outside the institution in which the 1,748
child is located; the death of a child committed to the 1,749
department; an injury to a visitor at an institution under the 1,750
control of the department that is caused by a child committed to 1,751
the department; and the commission or suspected commission of an 1,752
act by a child committed to the department that would be an 1,753
offense if committed by an adult. 1,754
(3) "Sexual activity" has the same meaning as in section 1,756
2907.01 of the Revised Code. 1,757
(4) "Controlled substance" has the same meaning as in 1,759
section 3719.01 of the Revised Code. 1,760
Sec. 5139.06. (A) When a child has been committed to the 1,769
department of youth services, it shall do both of the following: 1,770
(1) Place the child in an appropriate institution under 1,772
the condition that it considers best designed for the training 1,773
and rehabilitation of the child and the protection of the public, 1,774
provided that the institutional placement shall be consistent 1,775
with the order committing the child to its custody; 1,776
(2) Maintain the child in institutional care or 1,778
institutional care in a secure facility for the required period 1,779
of institutionalization in a manner consistent with division 1,780
(A)(4), (5), (6), or (7) of section 2151.355 of the Revised Code, 1,781
whichever is applicable, and with section 5139.38 or division (B) 1,782
OR (C) of section 2151.38 of the Revised Code. 1,783
(B) When a child has been committed to the department of 1,785
youth services pursuant to division (A)(6) of section 2151.355 of 1,786
the Revised Code, or when a child has been committed to the 1,787
department pursuant to division (A)(4), (5), or (7) of that 1,788
section and the child has not been institutionalized or 1,789
institutionalized in a secure facility for the prescribed minimum 1,791
periods of time or the prescribed period of time under those
divisions, the department, the child, or the child's parent may 1,793
request the court that committed the child to order A JUDICIAL 1,794
45
RELEASE OR an early release from institutionalization or 1,796
institutionalization in a secure facility in accordance with 1,797
division (B) OR (C) of section 2151.38 of the Revised Code, and 1,798
the child may be released from institutionalization or 1,800
institutionalization in a secure facility in accordance with that 1,801
THE APPLICABLE division. A child of that nature shall not be 1,802
released from institutionalization or institutionalization in a 1,803
secure facility except in accordance with that division or 1,805
section 2151.38 OR 5139.38 OR SECTIONS 5139.50 TO 5139.54 of the 1,806
Revised Code. WHEN A CHILD IS RELEASED PURSUANT TO DIVISION (B) 1,807
OF SECTION 2151.38 OF THE REVISED CODE, THE DEPARTMENT SHALL 1,808
COMPLY WITH DIVISION (B)(2) OF THAT SECTION AND, IF THE COURT 1,809
REQUESTS, SHALL SEND THE COMMITTING COURT A REPORT ON THE CHILD'S
PROGRESS IN THE INSTITUTION AND RECOMMENDATIONS FOR TERMS AND 1,810
CONDITIONS OF SUPERVISION BY THE COURT AFTER RELEASE. When a 1,811
child is released pursuant to that division (C) OF SECTION 1,812
2151.38 OF THE REVISED CODE, the department shall comply with 1,814
divisions (D) and (E) DIVISION (C)(2) of THAT section 2151.38 of 1,815
the Revised Code relative to the child and shall send the 1,816
committing court and the juvenile court of the county in which 1,817
the child is placed a copy of the TREATMENT AND REHABILITATION 1,818
plan DESCRIBED IN THAT DIVISION and the terms and conditions that 1,819
it fixed. The court of the county in which the child is placed 1,820
may adopt the terms and conditions as an order of the court and 1,821
may add any additional consistent terms and conditions it 1,822
considers appropriate. Any violations of the terms and 1,823
conditions established in its journal entry by the court of the 1,824
county in which the child is placed shall be handled pursuant to 1,825
division (B)(D) of section 2151.38 of the Revised Code. 1,826
(C) When a child has been committed to the department of 1,828
youth services, it may do any of the following: 1,829
(1) If the child was committed pursuant to division (A)(4) 1,831
or (5) of section 2151.355 of the Revised Code and has been 1,832
institutionalized or institutionalized in a secure facility for 1,833
46
the prescribed minimum periods of time under those divisions, 1,835
order the child's release on parole under the supervision and 1,837
conditions that it believes conducive to law-abiding conduct or 1,838
order replacement or renewed parole as often as conditions 1,839
indicate it to be desirable; provided that the department shall 1,840
notify the committing court, in writing, of the terms of 1,841
supervision and the conditions of the release at least fifteen 1,842
days prior to the scheduled date of release.
(2) Notwithstanding the provisions of this chapter or 1,844
Chapter 2151. of the Revised Code that prescribe required periods 1,845
of institutionalization, transfer the child to any other state 1,847
institution, whenever it appears that the child by reason of 1,848
mental illness, mental retardation, or other developmental 1,849
disability ought to be in another state institution. Before 1,850
transferring a child to any other state institution, the 1,851
department shall include in the minutes a record of the order of 1,852
transfer and the reason for the transfer and, at least seven days 1,853
prior to the transfer, shall send a certified copy of the order 1,854
to the person shown by its record to have had the care or custody 1,855
of the child immediately prior to the child's commitment. Except 1,856
as provided in division (C)(3)(2) of this section, no person 1,857
shall be transferred from a benevolent institution to a 1,859
correctional institution or to a facility or institution operated 1,860
by the department of youth services. 1,861
(3)(2) Notwithstanding the provisions of this chapter or 1,863
Chapter 2151. of the Revised Code that prescribe required periods 1,864
of institutionalization, transfer the child under section 1,865
5120.162 of the Revised Code to a correctional medical center 1,867
established by the department of rehabilitation and correction, 1,868
whenever the child has an illness, physical condition, or other 1,869
medical problem and it appears that the child would benefit from 1,870
diagnosis or treatment at the center for that illness, condition, 1,871
or problem. Before transferring a child to a center, the 1,872
department of youth services shall include in the minutes a 1,873
47
record of the order of transfer and the reason for the transfer 1,874
and, except in emergency situations, at least seven days prior to 1,875
the transfer, shall send a certified copy of the order to the 1,876
person shown by its records to have had the care or custody of 1,877
the child immediately prior to the child's commitment. If the 1,878
transfer of the child occurs in an emergency situation, as soon 1,879
as possible after the decision is made to make the transfer, the 1,880
department of youth services shall send a certified copy of the 1,881
order to the person shown by its records to have had the care or 1,882
custody of the child immediately prior to the child's commitment. 1,883
A transfer under this division shall be in accordance with the 1,884
terms of the agreement the department of youth services enters 1,885
into with the department of rehabilitation and correction under 1,886
section 5120.162 of the Revised Code and shall continue only as 1,887
long as the child reasonably appears to receive benefit from 1,888
diagnosis or treatment at the center for an illness, physical 1,889
condition, or other medical problem. 1,890
(4)(3) Revoke or modify any order of the department except 1,892
an order of discharge as often as conditions indicate it to be 1,893
desirable; 1,894
(5) If the child was committed pursuant to division (A)(4) 1,896
or (5) of section 2151.355 of the Revised Code and has been 1,897
institutionalized or institutionalized in a secure facility for 1,898
the prescribed minimum periods of time under those divisions, 1,900
discharge the child from its custody and control when it is 1,901
satisfied that the discharge is consistent with the welfare of 1,902
the individual and protection of the public. The department shall 1,903
notify the committing court, in writing, that it is going to 1,904
discharge the child at least fifteen days before the scheduled 1,905
date of discharge and, upon the discharge, immediately shall 1,906
certify the discharge in writing and transmit the certificate to 1,907
the committing court.
(6)(4) If the child was committed pursuant to division 1,909
(A)(4) or (5) of section 2151.355 of the Revised Code and has 1,910
48
been institutionalized or institutionalized in a secure facility 1,911
for the prescribed minimum periods of time under those divisions 1,913
AND IS PLACED ON SUPERVISED RELEASE PURSUANT TO SECTION 5139.51 1,914
OF THE REVISED CODE, assign the child to a family home, a group 1,915
care facility, or other place maintained under public or private 1,916
auspices, within or without this state, for necessary treatment 1,917
and rehabilitation, the costs of which may be paid by the 1,918
department, provided that the department shall notify the
committing court, in writing, of the place and terms of the 1,919
assignment at least fifteen days prior to the scheduled date of 1,920
the assignment. 1,921
(D) The department of youth services shall notify the 1,923
committing court of any order transferring the physical location 1,924
of any child committed to it in accordance with section 5139.35 1,925
of the Revised Code. Upon the discharge from its custody and 1,926
control, the department may petition the court for an order 1,927
terminating its custody and control. 1,928
(E) If a child is released on parole under division (C)(1) 1,930
of this section or is assigned to a family home, group care 1,931
facility, or other place for treatment or rehabilitation under 1,932
division (C)(6) of this section, the department shall comply with 1,933
divisions (D) and (E) of section 2151.38 of the Revised Code 1,934
relative to the child and shall send the committing court and the 1,935
juvenile court of the county in which the child is placed a copy 1,936
of the plan and the terms and conditions of the release or 1,937
assignment that it fixed. The court of the county in which the 1,938
child is placed may adopt the terms and conditions as an order of 1,939
the court and may add any additional consistent terms and 1,940
conditions it considers appropriate. Any violations of the terms 1,941
and conditions established in its journal entry by the court of 1,942
the county in which the child is placed shall be handled pursuant 1,943
to division (C) of section 2151.38 of the Revised Code. 1,944
Sec. 5139.07. As a means of correcting the socially 1,953
harmful tendencies of a child committed to it, the department of 1,954
49
youth services may require participation by him THE CHILD in 1,955
vocational, physical, educational, and corrective training and 1,957
activities, and the conduct and modes of life that seem best 1,958
adapted to rehabilitate him THE CHILD and fit him THE CHILD for 1,960
return to full liberty without danger to the public welfare. 1,961
This section does not permit the department to release a child 1,962
committed to it from institutional care or institutional care in 1,963
a secure facility, whichever is applicable, other than in 1,964
accordance with sections 2151.38, 5139.06, and 5139.38, AND 1,965
5139.50 TO 5139.54 of the Revised Code. 1,966
The department may require a child committed to it to 1,968
return to his THE CHILD'S home or to be placed in a foster care 1,969
placement if it is authorized to make a placement of that nature 1,970
under sections 2151.38, 5139.06, and 5139.38, AND 5139.50 TO 1,971
5139.54 of the Revised Code. Any placement of that nature shall 1,972
be made in accordance with those sections. The legal residence 1,973
of a child so placed by the department is the place the child is 1,974
residing in accordance with a department order of placement. The 1,975
school district responsible for payment of tuition on behalf of 1,976
the child so placed shall be determined pursuant to section 1,977
3313.64 or 3313.65 of the Revised Code. 1,978
Sec. 5139.08. The department of youth services may enter 1,987
into an agreement with the director of rehabilitation and 1,988
correction pursuant to which the department of youth services, in 1,989
accordance with division (C)(3)(2) of section 5139.06 and section 1,991
5120.162 of the Revised Code, may transfer to a correctional
medical center established by the department of rehabilitation 1,992
and correction, children who are within its custody for diagnosis 1,993
or treatment of an illness, physical condition, or other medical 1,994
problem. The department of youth services may enter into any 1,995
other agreements with the director of human services, the 1,996
director of mental health, the director of mental retardation and 1,997
developmental disabilities, the director of rehabilitation and 1,998
correction, with the courts having probation officers or other 1,999
50
public officials, and with private agencies or institutions for 2,000
separate care or special treatment of children subject to the 2,001
control of the department of youth services. The department of 2,002
youth services may, upon the request of a juvenile court not 2,003
having a regular probation officer, provide probation services 2,004
for such court. 2,005
Upon request by the department of youth services, any 2,007
public agency or group care facility established or administered 2,008
by the state for the care and treatment of children and youth 2,009
shall, consistent with its functions, accept and care for any 2,010
child whose custody is vested in the department in the same 2,011
manner as it would be required to do if custody had been vested 2,012
by a court in such agency or group care facility. If the 2,013
department has reasonable grounds to believe that any child or 2,014
youth whose custody is vested in it is mentally ill or mentally 2,015
retarded, the department may file an affidavit under section 2,016
5122.11 or 5123.76 of the Revised Code. The department's 2,017
affidavit for admission of a child or youth to such institution 2,018
shall be filed with the probate court of the county from which 2,019
the child was committed to the department. Such court may 2,020
request the probate court of the county in which the child is 2,021
held to conduct the hearing on the application, in which case the 2,022
court making such request shall bear the expenses of the 2,023
proceeding. If the department files such an affidavit, the child 2,024
or youth may be kept in such institution until a final decision 2,025
on the affidavit is made by the appropriate court. 2,026
Sec. 5139.18. (A) The EXCEPT WITH RESPECT TO CHILDREN WHO 2,035
ARE GRANTED A JUDICIAL RELEASE PURSUANT TO DIVISION (B) OF 2,036
SECTION 2151.38 OF THE REVISED CODE, THE department of youth 2,037
services is responsible for locating homes or jobs for children 2,038
released from its institutions, for supervision of children 2,039
released from its institutions, and for providing or arranging 2,040
for the provision to those children of appropriate services that 2,041
are required to facilitate their satisfactory community 2,042
51
adjustment.
(B) The department of youth services shall exercise 2,044
general supervision over all children who have been released on 2,045
placement from any of the its institutions OTHER THAN CHILDREN 2,046
WHO ARE GRANTED A JUDICIAL RELEASE PURSUANT TO DIVISION (B) OF 2,047
SECTION 2151.38 OF THE REVISED CODE. The director of youth 2,049
services, with the consent and approval of the board of county 2,050
commissioners of any county, may contract with the department of 2,051
human services of that county, if the department has assumed the 2,052
administration of child welfare, the children services board of 2,053
that county, the department of probation of that county 2,054
established pursuant to section 2301.27 of the Revised Code, or 2,055
the probation department or service established pursuant to 2,056
sections 2151.01 to 2151.54 of the Revised Code for the provision 2,057
of direct supervision and control over and the provision of 2,058
supportive assistance to all children who have been released on 2,059
placement into that county from any of its institutions, or, with 2,060
the consent of the juvenile judge or the administrative judge of 2,061
the juvenile court of any county, contract with any other public 2,062
agency, institution, or organization that is qualified to provide 2,063
the care and supervision that is required under the terms and 2,064
conditions of the child's treatment plan for the provision of 2,065
direct supervision and control over and the provision of 2,066
supportive assistance to all children who have been released on 2,067
placement into that county from any of its institutions. 2,068
(D)(C) Whenever any placement official has reasonable 2,070
cause to believe that any child RELEASED BY A COURT PURSUANT TO 2,071
SECTION 2151.38 OF THE REVISED CODE has violated the terms and 2,072
conditions of his THE CHILD'S placement, the official may 2,073
request, in writing, from the committing court or transferee 2,074
court a custodial order, and, upon reasonable and probable cause, 2,075
the court may order any sheriff, deputy sheriff, constable, or 2,076
police officer to apprehend the child. A child so apprehended 2,077
may be confined in the detention home of the county in which he 2,078
52
THE CHILD is apprehended until further order of the court. IF A 2,079
CHILD WHO WAS RELEASED BY THE RELEASE AUTHORITY OF THE DEPARTMENT 2,080
OF YOUTH SERVICES VIOLATES THE TERMS AND CONDITIONS OF SUPERVISED 2,081
RELEASE, SECTION 5139.52 OF THE REVISED CODE APPLIES WITH RESPECT
TO THAT CHILD. 2,082
Sec. 5139.20. (A) Notwithstanding any other provision of 2,091
the Revised Code that sets forth the minimum periods or period 2,092
for which a child committed to the department of youth services 2,093
is to be institutionalized or institutionalized in a secure 2,094
facility or the procedures for the JUDICIAL RELEASE OR early 2,095
release from institutional care or institutional care in a secure 2,096
facility, the department may grant emergency releases to children 2,097
confined in state juvenile institutions if the governor, upon 2,098
request of the director of the department authorizes the 2,099
director, in writing, to issue a declaration that an emergency 2,100
overcrowding condition exists in all of the institutions in which 2,101
males are confined, or in all of the institutions in which 2,102
females are confined, that are under the control of the 2,103
department. If the governor authorizes the issuance of a 2,104
declaration, the director may issue the declaration. If the 2,105
director issues the declaration, the director shall file a copy 2,107
of it with the secretary of state, which copy shall be a public 2,108
record. Upon the filing of the copy, the department is 2,109
authorized to grant emergency releases to children within its 2,110
custody subject to division (B) of this section. The authority 2,111
to grant the emergency releases shall continue until the 2,112
expiration of thirty days from the day on which the declaration 2,113
was filed. The director shall not issue a declaration that an 2,114
emergency overcrowding condition exists unless the director 2,115
determines that no other method of alleviating the overcrowding 2,117
condition is available.
(B)(1) If the department is authorized under division (A) 2,119
of this section to grant emergency releases to children within 2,120
its custody, the department shall determine which, if any, 2,121
53
children to release under that authority only in accordance with 2,122
this division and divisions (C), (D), and (E) of this section. 2,123
The department, in determining which, if any, children to 2,124
release, initially shall classify each child within its custody 2,125
according to the degree of offense that the act for which the 2,126
child is serving the period of institutionalization would have 2,127
been if committed by an adult. The department then shall 2,128
scrutinize individual children for emergency release, based upon 2,129
their degree of offense, in accordance with the categories and 2,130
the order of consideration set forth in division (B)(2) of this 2,131
section. After scrutiny of all children within the particular 2,133
category under consideration, the department shall designate 2,134
individual children within that category to whom it wishes to 2,135
grant an emergency release.
(2) The categories of children in the custody of the 2,137
department that may be considered for emergency release under 2,138
this section, and the order in which the categories shall be 2,139
considered, are as follows: 2,140
(a) Initially, only children who are not serving a period 2,142
of institutionalization for an act that would have been 2,143
aggravated murder, murder, or a felony of the first, second, 2,144
third, or fourth degree if committed by an adult or for an act 2,145
that was committed before the effective date of this amendment 2,146
and that would have been an aggravated felony of the first, 2,147
second, or third degree if committed by an adult may be
considered. 2,148
(b) When all children in the category described in 2,150
division (B)(2)(a) of this section have been scrutinized and all 2,151
children in that category who have been designated for emergency 2,152
release under division (B)(1) of this section have been so 2,153
released, then all children who are not serving a period of 2,154
institutionalization for an act that would have been aggravated 2,155
murder, murder, or a felony of the first or second degree if 2,156
committed by an adult or for an act that was committed before the 2,157
54
effective date of this amendment and that would have been an 2,158
aggravated felony of the first or second degree if committed by 2,159
an adult may be considered.
(c) When all children in the categories described in 2,161
divisions (B)(2)(a) and (b) of this section have been scrutinized 2,162
and all children in those categories who have been designated for 2,163
emergency release under division (B)(1) of this section have been 2,164
released, then all children who are not serving a term of 2,165
institutionalization for an act that would have been aggravated 2,166
murder, murder, or a felony of the first degree if committed by 2,167
an adult or for an act that was committed before the effective 2,168
date of this amendment and that would have been an aggravated 2,169
felony of the first or second degree if committed by an adult may 2,170
be considered.
(d) In no case shall the department consider for emergency 2,172
release any child who is serving a term of institutionalization 2,174
for an act that would have been aggravated murder, murder, or a 2,175
felony of the first degree if committed by an adult or for an act 2,176
that was committed before the effective date of this amendment 2,177
and that would have been an aggravated felony of the first degree 2,178
if committed by an adult, and in no case shall the department 2,179
grant an emergency release to any such child pursuant to this
section. 2,180
(C) An emergency release granted pursuant to this section 2,182
shall consist of one of the following: 2,183
(1) A SUPERVISED release on parole under supervision TERMS 2,186
and conditions that the department believes conducive to
law-abiding conduct; 2,187
(2) A discharge of the child from the custody and control 2,189
of the department if the department is satisfied that the 2,190
discharge is consistent with the welfare of the individual and 2,191
protection of the public; 2,192
(3) An assignment to a family home, a group care facility, 2,194
or other place maintained under public or private auspices, 2,195
55
within or without this state, for necessary treatment or 2,196
rehabilitation, the costs of which may be paid by the department. 2,197
(D) If a child is granted an emergency release pursuant to 2,199
this section, the child thereafter shall be considered to have 2,200
been institutionalized or institutionalized in a secure facility 2,201
for the prescribed minimum period of time or prescribed time 2,203
under division (A)(4), (5), or (7) of section 2151.355 of the 2,204
Revised Code. The department shall retain legal custody of a 2,205
child so released until it discharges the child or until its 2,206
custody is terminated as otherwise provided by law. 2,207
(E)(1) If a child is granted an emergency release so that 2,209
the child is released on parole SUPERVISED RELEASE or assigned to 2,211
a family home, group care facility, or other place for treatment
or rehabilitation, the department shall prepare a written 2,213
treatment and rehabilitation plan for the child in accordance 2,214
with division (D)(E) of section 2151.38 of the Revised Code, 2,215
which shall include the terms and conditions of the child's 2,217
release or assignment, and shall send the committing court and 2,219
the juvenile court of the county in which the child is placed a 2,220
copy of the plan and the terms and conditions that it fixed. The 2,221
court of the county in which the child is placed may adopt the 2,222
terms and conditions as an order of the court and may add any 2,223
additional consistent terms and conditions it considers 2,224
appropriate. If a child is released on parole SUPERVISED RELEASE 2,225
or is assigned subject to specified terms and conditions and the 2,227
court of the county in which the child is placed has reason to 2,228
believe that the child has CHILD'S DEPORTMENT IS not deported 2,229
himself or herself in accordance with any post-release terms and 2,230
conditions established by the court in its journal entry, the 2,231
court of the county in which the child is placed, in its 2,232
discretion, may schedule a time for a hearing on whether the 2,233
child violated any of the post-release terms and conditions. If 2,234
the THAT court of the county in which the child is placed 2,236
conducts a hearing and determines at the hearing that the child 2,237
56
violated any of the post-release terms and conditions established 2,238
in its journal entry, the court, if it determines that the 2,239
violation of the terms and conditions was a serious violation, 2,240
may order the child to be returned to the department of youth 2,241
services for institutionalization or, in any case, may make any 2,242
other disposition of the child authorized by law that the court 2,243
considers proper. If the court of the county in which the child 2,244
is placed orders the child to be returned to a department of 2,245
youth services institution, the child shall remain
institutionalized for a minimum period of three months. 2,246
(2) The department also shall file a written progress 2,248
report with the committing court regarding each child granted an 2,249
emergency release pursuant to this section at least once every 2,250
thirty days unless specifically directed otherwise by the court. 2,251
The report shall include the information required of reports 2,252
described in division (E)(F) of section 2151.38 of the Revised 2,253
Code. 2,254
Sec. 5139.32. (A) Whenever a child committed to the 2,263
department of youth services is unable to benefit from the 2,264
programs conducted by the department, as found under division (B) 2,265
of this section, the RELEASE AUTHORITY OF THE department 2,266
forthwith shall release or discharge such THE child from its 2,268
jurisdiction and either return him THE CHILD to the committing 2,269
court, provided that such THE court so consents or directs, or 2,270
otherwise secure for him THE CHILD an environment more beneficial 2,272
to his THE CHILD'S future development.
(B) The determination that a child is unable to benefit 2,274
from the programs conducted by the department shall be made by 2,275
the committing court on its own motion or upon application by the 2,276
department or by a parent or the guardian of the person of the 2,277
child, or, if the child has been institutionalized or 2,278
institutionalized in a secure facility, whichever is applicable, 2,279
for the prescribed minimum period set forth in section 2151.355 2,280
of the Revised Code and his THE CHILD'S commitment order, by the 2,281
57
department itself. 2,282
Sec. 5139.35. (A) Except as provided in division (C) of 2,291
this section and division (C)(3)(2) of section 5139.06 of the 2,292
Revised Code, the department of youth services shall not place a 2,293
child committed to it pursuant to division (A)(6) of section 2,294
2151.355 of the Revised Code or one committed to it pursuant to 2,295
division (A)(4), (5), or (7) of that section who has not been 2,296
institutionalized or institutionalized in a secure facility for 2,297
the prescribed minimum periods or prescribed period of 2,298
institutionalization under those divisions in an institution with 2,299
a less restrictive setting than that in which the child was 2,300
originally placed, other than an institution under the management 2,301
and control of the department, without first obtaining the prior 2,302
consent of the committing court. 2,303
(B) Except as provided in division (C) of this section, 2,305
the department of youth services shall notify the committing 2,306
court, in writing, of any placement of a child committed to it 2,307
pursuant to division (A)(4), (5), or (7) of section 2151.355 of 2,308
the Revised Code who has been institutionalized or 2,309
institutionalized in a secure facility for the prescribed minimum 2,311
periods or prescribed period of institutionalization under those
divisions in an institution with a less restrictive setting than 2,313
that in which the child was originally placed, other than an 2,314
institution under the management and control of the department, 2,315
at least fifteen days before the scheduled date of placement. 2,316
(C) If, pursuant to division (C)(3)(2) of section 5139.06 2,318
of the Revised Code, the department of youth services transfers a 2,319
child committed to it pursuant to division (A)(4), (5), (6), or 2,321
(7) of section 2151.355 of the Revised Code to a correctional
medical center established by the department of rehabilitation 2,322
and correction, the department of youth services shall send the 2,323
committing court a certified copy of the transfer order. 2,324
Sec. 5139.38. Within ninety days prior to the expiration 2,333
of the prescribed minimum period of institutionalization of a 2,334
58
felony delinquent committed to the department of youth services 2,335
and with prior notification to the committing court, the 2,336
department may transfer the felony delinquent to a community 2,337
facility for a period of supervised treatment prior to ordering a 2,338
release of the felony delinquent on parole SUPERVISED RELEASE or 2,339
prior to the release AND PLACEMENT of the felony delinquent on 2,340
aftercare placement as described in section 5139.18 of the 2,342
Revised Code. For purposes of transfers under this section, both 2,343
of the following apply:
(A) The community facility may be a community corrections 2,345
facility that has received a grant pursuant to section 5139.36 of 2,346
the Revised Code, a community residential program with which the 2,347
department has contracted for purposes of this section, or 2,348
another private entity with which the department has contracted 2,349
for purposes of this section. Division (E) of section 5139.36 of 2,350
the Revised Code does not apply in connection with a transfer of 2,351
a felony delinquent that is made to a community corrections 2,352
facility pursuant to this section. 2,353
(B) During the period in which the felony delinquent is in 2,355
the community facility, he THE FELONY DELINQUENT shall remain in 2,356
the custody of the department. 2,357
Sec. 5139.43. (A) On and after January 1, 1995, the 2,366
department of youth services shall operate a felony delinquent 2,367
care and custody program with the remainder of the appropriation 2,368
described in division (E) of section 5139.41 of the Revised Code. 2,370
The program shall be operated in accordance with the formula 2,371
developed pursuant to sections 5139.41 and 5139.42 of the Revised 2,372
Code, subject to the conditions specified in this section, and in 2,373
conjunction with the contingency program described in section 2,374
5139.45 of the Revised Code. 2,375
(B)(1) The department of youth services annually shall 2,377
allocate to each county a portion of the remainder of the 2,378
appropriation described in division (E) of section 5139.41 of the 2,380
Revised Code. The portion to be allocated to each county shall 2,381
59
be determined by multiplying the county's percentage determined 2,382
under division (E) of section 5139.42 of the Revised Code by the 2,383
amount of that remainder. The department shall divide the 2,384
portion to be allocated to each county by twelve or, if in a 2,385
particular fiscal year the felony delinquent care and custody 2,386
program is in effect in a county less than twelve months, by the 2,387
number of months the program is in effect in that county to 2,388
determine the monthly allocation to that county.
(2)(a) Except as provided in division (B)(2)(b) of this 2,390
section, the department shall reduce the monthly allocation for 2,391
each fiscal year to each county as determined under division 2,392
(B)(1) of this section by both of the following: 2,393
(i) Seventy-five per cent of the amount determined by 2,396
multiplying the per diem cost for the care and custody of felony 2,397
delinquents, as determined pursuant to division (D) of section 2,398
5139.42 of the Revised Code, by the number of felony delinquents 2,399
who have been adjudicated delinquent children and, except as 2,400
otherwise provided in divisions (B)(2)(a) and (3) of this 2,401
section, who are in the care and custody of an institution 2,402
pursuant to a commitment, OR recommitment, or revocation of a 2,403
release on parole by the juvenile court of that county;
(ii) Fifty per cent of the amount determined by 2,405
multiplying the per diem cost for the care and custody of felony 2,406
delinquents, as determined pursuant to division (D) of section 2,407
5139.42 of the Revised Code, by the number of felony delinquents 2,408
who have been adjudicated delinquent children and, except as 2,409
otherwise provided in divisions (B)(2)(a) and (3) of this 2,410
section, who are in the care and custody of a community 2,411
corrections facility pursuant to a placement by the department 2,412
with the consent of the juvenile court of that county as 2,413
described in division (E) of section 5139.36 of the Revised Code. 2,414
Public safety beds shall not be included in the number of 2,417
felony delinquents who have been adjudicated delinquent children 2,418
by a juvenile court in making the seventy-five per cent or fifty 2,419
60
per cent reductions described in divisions (B)(2)(a)(i) and (ii) 2,422
of this section. The department shall bear the care and custody 2,423
costs associated with public safety beds. 2,424
(b) If a county has exhausted its current and future 2,426
monthly allocations for the current fiscal year as determined 2,427
under division (B)(1) of this section, the department shall bear 2,428
the remainder of the amounts calculated under divisions 2,429
(B)(2)(a)(i) and (ii) of this section for the care and custody of 2,430
felony delinquents who are in the care and custody of an 2,431
institution pursuant to a commitment, OR recommitment, or 2,432
revocation of a release on parole or in the care and custody of a 2,433
community corrections facility by debiting, in accordance with 2,435
division (C)(2) of section 5139.45 of the Revised Code, the 2,436
amount of the appropriation for care and custody of felony 2,437
delinquents that was set aside for the contingency program
pursuant to division (A) of section 5139.41 of the Revised Code. 2,438
(3)(a) Subject to divisions (B)(2)(b) and (4) of this 2,440
section and subject to the special provisions of division 2,441
(B)(3)(b) of this section pertaining to monthly allocations under 2,443
divisions (B)(1) and (2)(a) of this section for the month of 2,444
June, after the application of division (B)(2)(a) of this section 2,445
and on or before the fifteenth day of the following month, the 2,446
department shall disburse to the juvenile court of each county 2,447
the remainder of the monthly allocation of that county as 2,448
determined pursuant to divisions (B)(1) and (2)(a) of this 2,449
section.
(b)(i) For the monthly allocation for the month of June of 2,452
each fiscal year, the department shall estimate for each county
the number of felony delinquents described in divisions 2,453
(B)(2)(a)(i) and (ii) of this section rather than use the actual 2,455
number of those felony delinquents, shall use the estimated 2,456
number of those felony delinquents in making the seventy-five per 2,458
cent and fifty per cent reductions described in those divisions,
and shall encumber the remainder of the estimated monthly 2,459
61
allocation of each county for the month of June, as determined 2,460
pursuant to divisions (B)(1), (2)(a), and (3)(b)(i) of this 2,462
section, for disbursement in the month of July of the next fiscal
year in accordance with division (B)(3)(b)(ii) of this section. 2,464
If the total of the seventy-five per cent and fifty per cent 2,465
reductions described in division (B)(2)(a) of this section 2,466
exceeds the estimated monthly allocation of a county for the
month of June as so determined, the department may cover the 2,467
amount of the excess by debiting, in accordance with division 2,468
(C)(2) of section 5139.45 of the Revised Code, the amount of the 2,470
appropriation for care and custody of felony delinquents that was 2,471
set aside for the contingency program pursuant to division (A) of 2,472
section 5139.41 of the Revised Code.
(ii) In the month of July of each new fiscal year, the 2,474
department shall reconcile for each county the estimated 2,475
reductions that occurred pursuant to divisions (B)(2)(a) and 2,476
(3)(b)(i) of this section and the reductions that should have 2,478
occurred pursuant to division (B)(2)(a) of this section by using 2,479
the actual number of felony delinquents described in divisions 2,480
(B)(2)(a)(i) and (ii) of this section for the month of June of 2,481
the prior fiscal year. After that reconciliation occurs, subject 2,482
to divisions (B)(2)(b) and (4) of this section, the department 2,483
shall disburse to each county the remainder of its monthly 2,484
allocation for the month of June of the prior fiscal year as 2,485
adjusted pursuant to the reconciliation and division 2,486
(B)(3)(b)(ii) of this section. 2,488
In connection with the adjustments in the monthly 2,490
allocations for the month of June of the prior fiscal year, if 2,491
the encumbered monthly allocations of one or more counties for 2,492
that month exceed or are less than the monthly allocations for 2,493
that month to which those counties are entitled under divisions 2,494
(B)(1) and (2)(a) of this section by using the actual number of 2,495
felony delinquents described in divisions (B)(2)(a)(i) and (ii) 2,496
of this section rather than the estimated number of those felony 2,497
62
delinquents, the department may make the necessary adjustments in 2,498
the monthly allocations of those counties for the month of June 2,499
of the prior fiscal year within the total of the moneys for 2,500
monthly allocations for that month that were encumbered for all 2,501
of the counties. If that total amount is insufficient to make 2,502
the requisite monthly allocations for that month to all counties
in accordance with divisions (B)(1) and (2)(a) of this section, 2,504
the department shall cover the insufficiency by debiting, in 2,505
accordance with division (C)(2) of section 5139.45 of the Revised 2,506
Code, the amount of the appropriation for care and custody of
felony delinquents that was set aside for the contingency program 2,507
pursuant to division (A) of section 5139.41 of the Revised Code. 2,508
(4) Notwithstanding the general disbursement requirements 2,511
of division (B)(3)(a) and (b)(ii) of this section, if a juvenile 2,512
court fails to comply with division (C)(3)(d) of this section and 2,513
the department is not able to reconcile fiscal accounting as a 2,514
consequence of that failure, the department is not required to
make any disbursement in accordance with division (B)(3)(a) or 2,515
(b)(ii) of this section to the juvenile court until it complies 2,517
with division (C)(3)(d) of this section.
(C)(1) Each juvenile court shall use the moneys disbursed 2,519
to it by the department of youth services pursuant to division 2,520
(B) of this section in accordance with division (C)(2) of this 2,521
section and shall transmit the moneys to the county treasurer for 2,522
deposit in accordance with this division. The county treasurer 2,523
shall create in the county treasury a fund that shall be known as 2,525
the felony delinquent care and custody fund and shall deposit in 2,526
that fund the moneys disbursed to the juvenile court pursuant to 2,527
division (B) of this section. The moneys in the fund shall not 2,528
be commingled with any other county funds; shall not be used for 2,529
any capital construction projects; upon an order of the juvenile 2,530
court and subject to appropriation by the board of county 2,531
commissioners, shall be disbursed to the juvenile court for use 2,532
in accordance with division (C)(2) of this section; shall not 2,533
63
revert to the county general fund at the end of any fiscal year; 2,534
and shall carry over in the felony delinquent care and custody
fund from the end of any fiscal year to the next fiscal year. 2,536
The moneys in the fund shall be in addition to, and shall not be 2,537
used to reduce, any usual annual increase in county funding that 2,538
the juvenile court is eligible to receive or the current level of 2,539
county funding of the juvenile court and of any programs or 2,540
services for delinquent children, unruly children, or juvenile 2,541
traffic offenders. 2,542
(2)(a) A juvenile court shall use the moneys in its felony 2,544
delinquent care and custody fund as follows: 2,545
(i) To provide programs and services for the training, 2,547
treatment, or rehabilitation of felony delinquents that are 2,548
alternatives to their commitment to the department, including, 2,549
but not limited to, community residential programs, day treatment 2,550
centers, services within the home, and electronic monitoring; 2,551
(ii) In connection with training, treatment, 2,553
rehabilitation, early intervention, or other programs or services 2,554
for any delinquent child, unruly child, or juvenile traffic 2,555
offender who is under the jurisdiction of the juvenile court. 2,556
For purposes of division (C)(2)(a)(ii) of this section, a 2,557
delinquent child includes a child who is so adjudicated for the 2,558
commission of an act that if committed by an adult would be a 2,559
misdemeanor or felony. 2,560
(b) Each juvenile court shall comply with division 2,562
(C)(3)(d) of this section as implemented by the department. If a 2,563
juvenile court fails to comply with that division and the 2,564
department is not able to reconcile fiscal accounting as a 2,565
consequence of the failure, the provisions of division (B)(4) of
this section shall apply. 2,566
(3) In accordance with rules adopted by the department 2,568
pursuant to section 5139.04 of the Revised Code, each juvenile 2,569
court shall do all of the following: 2,570
(a) File with the department a plan pertaining to the use, 2,572
64
upon an order of the juvenile court and subject to appropriation 2,573
by the board of county commissioners, of the moneys in its felony 2,574
delinquent care and custody fund for specified programs and 2,575
services as described in division (C)(2)(a) of this section. The 2,576
plan shall include a method of ensuring equal access for minority 2,577
youth to the programs and services. 2,578
(b) By the thirty-first day of January of each year, file 2,580
with the department a report containing all of the statistical 2,581
and other information for each month of the prior calendar year 2,582
that will permit the department to prepare the report described 2,583
in division (D) of this section; 2,584
(c) If the department requires the juvenile court to 2,586
prepare monthly statistical reports for use under section 5139.42 2,587
of the Revised Code and to submit the reports on forms provided 2,588
by the department, file those reports with the department on the 2,589
forms so provided; 2,590
(d) If the department requires the juvenile court to 2,592
participate in any fiscal monitoring or other program that is 2,593
conducted by the department to ensure compliance by the juvenile 2,594
court and its county with division (C) of this section, 2,595
participate in the fiscal monitoring or other program and fully
comply with any guidelines for the performance of audits adopted 2,596
by the department pursuant to that program and all requests made 2,597
by the department pursuant to that program for information 2,598
necessary to reconcile fiscal accounting. 2,599
(D) On or prior to the first day of April of each year, 2,602
the department of youth services shall submit to the joint 2,603
legislative committee on juvenile corrections overcrowding a 2,604
report that pertains to the operation of sections 5139.41 to 2,605
5139.45 of the Revised Code during the immediately preceding 2,606
calendar year and that includes, but is not limited to, the 2,607
following: 2,608
(1) A description of the programs and services that were 2,610
financed under those sections in each county; 2,611
65
(2) The number of felony delinquents, other delinquent 2,613
children, unruly children, and juvenile traffic offenders served 2,614
by the programs and services in each county; 2,615
(3) The total number of felony level delinquency children 2,617
adjudicated in each juvenile court to be delinquent children for 2,618
acts that if committed by an adult would be a felony; 2,619
(4) The total number of felony delinquents who were 2,621
committed by the juvenile court of each county to the department 2,622
and who were in the care and custody of an institution or a 2,623
community corrections facility; 2,624
(5) A breakdown of the felony delinquents described in 2,626
division (D)(4) of this section on the basis of the types and 2,627
degrees of felonies committed, the ages of the felony delinquents 2,628
at the time they committed the felonies, and the sex and race of 2,629
the felony delinquents. 2,630
Sec. 5139.50. (A) THE RELEASE AUTHORITY OF THE DEPARTMENT 2,632
OF YOUTH SERVICES IS HEREBY CREATED AS AN INDEPENDENT 2,634
ADMINISTRATIVE DIVISION IN THE DEPARTMENT. THE RELEASE AUTHORITY 2,635
SHALL CONSIST OF FIVE MEMBERS WHO ARE APPOINTED BY THE DIRECTOR 2,636
OF YOUTH SERVICES AND WHO HAVE THE QUALIFICATIONS SPECIFIED IN 2,637
DIVISION (B) OF THIS SECTION. THE MEMBERS OF THE RELEASE 2,638
AUTHORITY SHALL DEVOTE THEIR FULL TIME TO THE DUTIES OF THE 2,639
RELEASE AUTHORITY AND SHALL NEITHER SEEK NOR HOLD OTHER PUBLIC 2,640
OFFICE. THE MEMBERS SHALL BE IN THE UNCLASSIFIED CIVIL SERVICE. 2,641
(B) A PERSON APPOINTED AS A MEMBER OF THE RELEASE 2,643
AUTHORITY SHALL HAVE A BACHELOR'S DEGREE FROM AN ACCREDITED 2,644
COLLEGE OR UNIVERSITY AND SHALL HAVE THE SKILLS, TRAINING, OR 2,645
EXPERIENCE NECESSARY TO ANALYZE ISSUES OF LAW, ADMINISTRATION, 2,646
AND PUBLIC POLICY. THE MEMBERSHIP OF THE RELEASE AUTHORITY SHALL 2,648
REPRESENT, INSOFAR AS PRACTICABLE, THE DIVERSITY FOUND IN THE 2,649
CHILDREN IN THE LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH
SERVICES. 2,650
IN APPOINTING THE MEMBERS, THE DIRECTOR SHALL ENSURE THAT 2,653
THE APPOINTMENTS INCLUDE THE FOLLOWING:
66
(1) AT LEAST FOUR MEMBERS WHO HAVE FIVE OR MORE YEARS OF 2,656
EXPERIENCE IN CRIMINAL JUSTICE, JUVENILE JUSTICE, OR AN
EQUIVALENT RELEVANT PROFESSION; 2,657
(2) AT LEAST ONE MEMBER WHO HAS EXPERIENCE IN VICTIM 2,659
SERVICES OR ADVOCACY OR WHO HAS BEEN A VICTIM OF A CRIME OR IS A 2,660
FAMILY MEMBER OF A VICTIM; 2,661
(3) AT LEAST ONE MEMBER WHO HAS EXPERIENCE IN DIRECT CARE 2,664
SERVICES TO DELINQUENT CHILDREN;
(4) AT LEAST ONE MEMBER WHO HOLDS A JURIS DOCTOR DEGREE 2,666
FROM AN ACCREDITED COLLEGE OR UNIVERSITY. 2,667
(C) THE INITIAL APPOINTMENTS OF MEMBERS OF THE RELEASE 2,670
AUTHORITY SHALL BE FOR A TERM OF SIX YEARS FOR THE CHAIRPERSON 2,671
AND ONE MEMBER, A TERM OF FOUR YEARS FOR TWO MEMBERS, AND A TERM 2,672
OF TWO YEARS FOR ONE MEMBER. THEREAFTER, MEMBERS SHALL BE 2,673
APPOINTED FOR SIX-YEAR TERMS. AT THE CONCLUSION OF A TERM, A 2,674
MEMBER SHALL HOLD OFFICE UNTIL THE APPOINTMENT AND QUALIFICATION 2,675
OF THE MEMBER'S SUCCESSOR. THE DIRECTOR SHALL FILL A VACANCY 2,676
OCCURRING BEFORE THE EXPIRATION OF A TERM FOR THE REMAINDER OF 2,677
THAT TERM. A MEMBER MAY BE REAPPOINTED, BUT A MEMBER MAY SERVE 2,678
NO MORE THAN TWO CONSECUTIVE TERMS REGARDLESS OF THE LENGTH OF 2,679
THE MEMBER'S INITIAL TERM. A MEMBER MAY BE REMOVED FOR GOOD 2,680
CAUSE SHOWN AFTER A FULL AND OPEN HEARING BY THE RELEASE 2,681
AUTHORITY, IF REQUESTED BY THE MEMBER, AT WHICH THE MEMBER HAS AN 2,683
OPPORTUNITY TO RESPOND TO THE ALLEGATIONS THAT PROVIDE THE BASIS 2,684
FOR A CALL FOR REMOVAL.
(D) THE DIRECTOR SHALL DESIGNATE AS CHAIRPERSON OF THE 2,687
RELEASE AUTHORITY ONE OF THE MEMBERS WHO HAS EXPERIENCE IN 2,688
CRIMINAL JUSTICE, JUVENILE JUSTICE, OR AN EQUIVALENT RELEVANT 2,689
PROFESSION. THE CHAIRPERSON SHALL HAVE FULL AUTHORITY OVER THE 2,690
ADMINISTRATION AND MANAGEMENT OF THE RELEASE AUTHORITY, SHALL 2,691
PERFORM ALL DUTIES AND FUNCTIONS NECESSARY TO ENSURE THAT THE 2,692
RELEASE AUTHORITY DISCHARGES ITS RESPONSIBILITIES, AND SHALL ACT 2,693
AS THE APPOINTING AUTHORITY FOR ALL STAFF OF THE RELEASE 2,694
AUTHORITY. THE CHAIRPERSON SHALL EMPLOY STAFF AS NECESSARY TO 2,695
67
CARRY OUT THE DUTIES OF THE RELEASE AUTHORITY, INCLUDING HEARING 2,696
REPRESENTATIVES TO PARTICIPATE IN THE HEARING OF CASES ON REVIEW 2,697
AND PERSONS TO PROVIDE ADMINISTRATIVE SUPPORT. THE CHAIRPERSON 2,698
SHALL SERVE AS THE OFFICIAL SPOKESPERSON FOR THE RELEASE 2,699
AUTHORITY. 2,700
(E) A MAJORITY OF THE MEMBERS OF THE RELEASE AUTHORITY 2,703
SHALL CONSTITUTE A QUORUM FOR TRANSACTING THE OFFICIAL BUSINESS 2,704
OF THE AUTHORITY. THE ACTIONS OF THE RELEASE AUTHORITY SHALL BE 2,705
DETERMINED BY A MAJORITY VOTE OF THE QUORUM. 2,706
(F) THE RELEASE AUTHORITY SHALL DO ALL OF THE FOLLOWING: 2,709
(1) SERVE AS THE FINAL AND SOLE AUTHORITY FOR MAKING 2,711
DECISIONS, IN THE INTERESTS OF PUBLIC SAFETY AND THE CHILDREN 2,712
INVOLVED, REGARDING THE RELEASE, REVOCATION OF RELEASE, AND 2,713
DISCHARGE OF ALL CHILDREN COMMITTED TO THE LEGAL CUSTODY OF THE 2,714
DEPARTMENT OF YOUTH SERVICES, EXCEPT CHILDREN PLACED ON JUDICIAL 2,715
RELEASE OR EARLY RELEASE BY A JUVENILE COURT, CHILDREN WHO HAVE 2,716
NOT COMPLETED A PRESCRIBED MINIMUM PERIOD OF TIME OR PRESCRIBED 2,717
PERIOD OF TIME IN A SECURE FACILITY, OR CHILDREN WHO ARE REQUIRED 2,718
TO REMAIN IN A SECURE FACILITY UNTIL THEY ATTAIN TWENTY-ONE YEARS 2,719
OF AGE;
(2) ESTABLISH WRITTEN POLICIES AND PROCEDURES FOR 2,721
CONDUCTING A PERIODIC REVIEW OF THE STATUS OF EACH CHILD IN THE 2,722
CUSTODY OF THE DEPARTMENT, SETTING OR MODIFYING DATES OF RELEASE 2,723
AND DISCHARGE FOR EACH CHILD, SPECIFYING THE DURATION, TERMS, AND 2,724
CONDITIONS OF RELEASE TO BE CARRIED OUT IN SUPERVISED RELEASE, 2,725
AND GIVING A CHILD NOTICE OF ALL REVIEWS; 2,726
(3) PROVIDE A CHILD WHOSE SUPERVISED RELEASE MAY BE 2,728
REVOKED WITH THE OPPORTUNITY TO APPEAR PERSONALLY BEFORE THE 2,729
RELEASE AUTHORITY FOR A REVOCATION HEARING; 2,730
(4) MAINTAIN RECORDS OF ITS OFFICIAL ACTIONS, DECISIONS, 2,733
ORDERS, AND HEARING SUMMARIES AND MAKE THE RECORDS ACCESSIBLE IN 2,734
ACCORDANCE WITH DIVISION (D) OF SECTION 5139.05 OF THE REVISED 2,735
CODE;
(5) COOPERATE WITH PUBLIC AND PRIVATE AGENCIES, 2,737
68
COMMUNITIES, PRIVATE GROUPS, AND INDIVIDUALS FOR THE DEVELOPMENT 2,738
AND IMPROVEMENT OF ITS SERVICES; 2,739
(6) COLLECT, DEVELOP, AND MAINTAIN STATISTICAL INFORMATION 2,742
REGARDING ITS SERVICES AND DECISIONS;
(7) SUBMIT AN ANNUAL REPORT TO THE DIRECTOR INCLUDING A 2,745
DESCRIPTION OF THE OPERATIONS OF THE RELEASE AUTHORITY, AN
EVALUATION OF ITS EFFECTIVENESS, RECOMMENDATIONS FOR STATUTORY, 2,746
BUDGETARY, OR OTHER CHANGES NECESSARY TO IMPROVE ITS 2,747
EFFECTIVENESS, AND ANY OTHER INFORMATION REQUIRED BY THE 2,748
DIRECTOR;
(8) ADOPT RULES AND WRITTEN POLICIES AND PROCEDURES TO 2,750
GOVERN ITS OPERATIONS. 2,751
(G) THE RELEASE AUTHORITY MAY DO THE FOLLOWING: 2,754
(1) CONDUCT INQUIRIES, INVESTIGATIONS, AND REVIEWS AND 2,757
HOLD HEARINGS AND OTHER PROCEEDINGS NECESSARY TO PROPERLY
DISCHARGE ITS RESPONSIBILITIES; 2,758
(2) ISSUE SUBPOENAS, ENFORCEABLE IN A COURT OF LAW, TO 2,760
COMPEL A PERSON TO APPEAR, GIVE TESTIMONY, OR PRODUCE DOCUMENTARY 2,762
INFORMATION OR OTHER TANGIBLE ITEMS RELATING TO A MATTER UNDER 2,763
INQUIRY, INVESTIGATION, REVIEW, OR HEARING;
(3) ADMINISTER OATHS AND RECEIVE TESTIMONY OF PERSONS 2,765
UNDER OATH; 2,766
(4) REQUEST ASSISTANCE, SERVICES, AND INFORMATION FROM A 2,769
PUBLIC AGENCY TO ENABLE THE AUTHORITY TO DISCHARGE ITS
RESPONSIBILITIES AND RECEIVE THE ASSISTANCE, SERVICES, AND 2,770
INFORMATION FROM THE PUBLIC AGENCY IN A REASONABLE PERIOD OF 2,771
TIME;
(5) REQUEST FROM A PUBLIC AGENCY OR OTHER ENTITY THAT 2,773
PROVIDES OR HAS PROVIDED SERVICES TO A CHILD COMMITTED TO THE 2,774
DEPARTMENT'S LEGAL CUSTODY INFORMATION TO ENABLE THE RELEASE 2,775
AUTHORITY TO PROPERLY DISCHARGE ITS RESPONSIBILITIES WITH RESPECT 2,777
TO THAT CHILD AND RECEIVE THE INFORMATION FROM THE PUBLIC AGENCY
OR OTHER ENTITY IN A REASONABLE PERIOD OF TIME; 2,778
(6) REQUIRE VICTIM RESTITUTION AS A TERM AND CONDITION OF 2,781
69
RELEASE AND DISCHARGE;
(7) REQUIRE THAT THE TERMS AND CONDITIONS OF A CHILD'S 2,783
RELEASE BE ENFORCED DURING THE PERIOD OF SUPERVISED RELEASE UNTIL 2,785
DISCHARGE;
(8) BY WARRANT OR ORDER OF APPREHENSION, CAUSE THE ARREST 2,787
OF A CHILD ON SUPERVISED RELEASE WHO MAY BE SUBJECT TO REVOCATION 2,789
OF RELEASE;
(9) EXERCISE ANY OTHER POWERS NECESSARY TO DISCHARGE ITS 2,792
RESPONSIBILITIES.
(H) THE RELEASE AUTHORITY SHALL ADOPT SPECIFIC WRITTEN 2,794
POLICIES GOVERNING THE DISCHARGE OF ITS RESPONSIBILITIES EITHER 2,796
BY THE FULL MEMBERSHIP OF THE AUTHORITY OR BY THE DELEGATION OF 2,797
AUTHORITY TO ONE OR MORE MEMBERS OF THE RELEASE AUTHORITY OR TO 2,798
HEARING REPRESENTATIVES. THE POLICY SHALL REQUIRE THAT A HEARING 2,799
BE CONDUCTED BY NOT FEWER THAN TWO MEMBERS OF THE RELEASE 2,800
AUTHORITY, TWO HEARING REPRESENTATIVES, OR A COMBINATION OF A 2,801
MEMBER OF THE AUTHORITY AND A HEARING REPRESENTATIVE. 2,802
(I) THE RELEASE AUTHORITY SHALL NOT DELEGATE ITS AUTHORITY 2,805
TO MAKE FINAL DECISIONS REGARDING POLICY OR REGARDING THE RELEASE 2,806
OF A CHILD OR THE REVOCATION OF A RELEASE. 2,807
(J) THE RELEASE AUTHORITY SHALL ADOPT A WRITTEN POLICY AND 2,809
PROCEDURES GOVERNING APPEALS OF ITS DECISIONS. THE POLICY SHALL 2,811
PROVIDE THAT A CHILD MAY APPEAL TO THE FULL RELEASE AUTHORITY A 2,812
DECISION DENYING RELEASE OR DISCHARGE OR A DECISION FOR 2,813
REVOCATION MADE AT A HEARING CONDUCTED BY A PANEL THAT DOES NOT 2,814
INCLUDE ALL OF THE MEMBERS OF THE RELEASE AUTHORITY. THE POLICY 2,815
ALSO SHALL PROVIDE THAT IF A DECISION DENYING RELEASE OR 2,816
DISCHARGE OR A DECISION FOR REVOCATION IS MADE BY THE FULL 2,817
RELEASE AUTHORITY, THE CHILD MAY REQUEST ONE APPEAL HEARING AT 2,818
WHICH THE CHILD SHALL BE AFFORDED A FINAL OPPORTUNITY TO PRESENT 2,819
NEW OR ADDITIONAL INFORMATION RELATED TO ANY OF THE REASONS 2,820
ENUMERATED BY THE RELEASE AUTHORITY IN THE DECISION UNDER APPEAL. 2,821
THE RELEASE AUTHORITY SHALL CONSIDER AN APPEAL IN ACCORDANCE WITH 2,822
THE POLICY AND PROCEDURE ESTABLISHED UNDER THIS DIVISION. 2,823
70
(K) THE LEGAL STAFF OF THE DEPARTMENT OF YOUTH SERVICES 2,826
SHALL PROVIDE ASSISTANCE TO THE RELEASE AUTHORITY IN THE 2,827
FORMULATION OF POLICY AND IN ITS HANDLING OF INDIVIDUAL CASES AND 2,828
SHALL PROVIDE LEGAL REPRESENTATION FOR THE RELEASE AUTHORITY WHEN 2,829
NECESSARY. THE DEPARTMENT OF YOUTH SERVICES SHALL PROVIDE THE 2,830
RELEASE AUTHORITY WITH A BUDGET SUFFICIENT TO PROPERLY PERFORM 2,831
ITS OBLIGATIONS AND RESPONSIBILITIES, SUBJECT TO ADMINISTRATIVE 2,832
CONTROLS.
Sec. 5139.51. (A) THE RELEASE AUTHORITY OF THE DEPARTMENT 2,834
OF YOUTH SERVICES SHALL CONDUCT PERIODIC REVIEWS OF THE CASE OF 2,835
EACH CHILD WHO IS IN THE CUSTODY OF THE DEPARTMENT OF YOUTH 2,837
SERVICES AND WHO IS ELIGIBLE FOR SUPERVISED RELEASE OR DISCHARGE 2,838
AFTER COMPLETING THE MINIMUM PERIOD OF TIME OR PERIOD OF TIME IN
A SECURE FACILITY PRESCRIBED BY THE COMMITTING COURT. THE 2,839
RELEASE AUTHORITY SHALL DETERMINE THE DATE ON WHICH A CHILD MAY 2,840
BE PLACED ON SUPERVISED RELEASE OR DISCHARGED. IT SHALL SET 2,841
TERMS AND CONDITIONS OF SUPERVISED RELEASE FOR EACH CHILD PLACED 2,842
ON SUPERVISED RELEASE. WHEN IT ISSUES A DECISION THAT GRANTS OR 2,843
DENIES RELEASE OR DISCHARGE FOR A CHILD, IT SHALL PROVIDE THE 2,844
CHILD WITH A WRITTEN RECORD OF THE REASONS FOR THE DECISION. 2,846
(B) WHEN THE RELEASE AUTHORITY DECIDES TO PLACE A CHILD ON 2,849
SUPERVISED RELEASE, IT SHALL PREPARE A WRITTEN DOCUMENT THAT 2,850
SPECIFIES THE TERMS AND CONDITIONS UPON WHICH THE CHILD IS 2,851
RELEASED FROM A SECURE FACILITY TO SUPERVISED RELEASE. THE CHILD 2,852
SHALL SIGN A COPY OF THE DOCUMENT TO INDICATE THE CHILD'S 2,853
AGREEMENT TO ABIDE BY THE TERMS AND CONDITIONS OF SUPERVISED 2,854
RELEASE. THE RELEASE AUTHORITY SHALL KEEP THE ORIGINAL DOCUMENT 2,855
IN THE CHILD'S FILE AND PROVIDE A COPY TO THE CHILD, THE EMPLOYEE 2,856
OF THE DEPARTMENT ASSIGNED TO SUPERVISE AND ASSIST THE CHILD ON 2,857
RELEASE, AND THE VICTIM OR VICTIM'S REPRESENTATIVE IF THAT PERSON 2,858
HAS REQUESTED NOTICE PURSUANT TO SECTION 5139.56 OF THE REVISED 2,859
CODE.
(C) IN ADDITION TO REQUIREMENTS THAT ARE REASONABLY 2,862
RELATED TO THE CHILD'S PRIOR PATTERN OF CRIMINAL OR DELINQUENT 2,863
71
BEHAVIOR AND THE PREVENTION OF FURTHER CRIMINAL OR DELINQUENT 2,864
BEHAVIOR, THE RELEASE AUTHORITY SHALL SPECIFY THE FOLLOWING 2,865
REQUIREMENTS FOR EACH CHILD WHOM IT RELEASES:
(1) THE CHILD SHALL OBSERVE THE LAW. 2,867
(2) THE CHILD SHALL MAINTAIN APPROPRIATE CONTACT, AS 2,869
SPECIFIED IN THE WRITTEN DOCUMENT FOR THAT CHILD, WITH THE 2,870
EMPLOYEE OF THE DEPARTMENT ASSIGNED TO SUPERVISE AND ASSIST THE 2,871
CHILD. 2,872
(3) IF THE CHILD'S RESIDENCE CHANGES, THE CHILD SHALL 2,874
NOTIFY THE EMPLOYEE OF THE DEPARTMENT ASSIGNED TO SUPERVISE AND 2,875
ASSIST THE CHILD AND PROVIDE APPROPRIATE INFORMATION REGARDING 2,876
THE CHILD'S NEW RESIDENCE ADDRESS. 2,877
(D) THE EMPLOYEE OF THE DEPARTMENT ASSIGNED TO SUPERVISE 2,879
AND ASSIST A CHILD ON RELEASE MAY SUBMIT A WRITTEN REQUEST TO THE 2,881
RELEASE AUTHORITY FOR MODIFICATION OF THE TERMS AND CONDITIONS OF 2,882
THE CHILD'S SUPERVISED RELEASE, OTHER THAN THE TERMS SPECIFIED IN 2,883
DIVISION (C) OF THIS SECTION. THE RELEASE AUTHORITY MAY GRANT A 2,885
MODIFICATION IN WRITING WITHOUT A HEARING IF THE MODIFICATION IS 2,886
IN THE BEST INTERESTS OF PUBLIC SAFETY AND THE CHILD. THE 2,887
RELEASE AUTHORITY SHALL KEEP THE ORIGINAL DOCUMENT SPECIFYING 2,888
MODIFICATIONS TO THE TERMS AND CONDITIONS OF THE CHILD'S 2,889
SUPERVISED RELEASE IN THE CHILD'S FILE AND SHALL GIVE WRITTEN 2,890
NOTICE OF THE MODIFICATIONS TO THE CHILD, THE EMPLOYEE OF THE 2,891
DEPARTMENT ASSIGNED TO SUPERVISE AND ASSIST THE CHILD ON RELEASE, 2,892
AND THE VICTIM OR VICTIM'S REPRESENTATIVE IF THAT PERSON HAS 2,893
REQUESTED NOTICE.
(E) THE PERIOD OF A CHILD'S SUPERVISED RELEASE MAY EXTEND 2,896
FROM THE DATE OF RELEASE FROM A SECURE FACILITY UNTIL THE CHILD 2,897
ATTAINS TWENTY-ONE YEARS OF AGE. IF THE PERIOD OF SUPERVISED 2,898
RELEASE EXTENDS BEYOND ONE YEAR AFTER THE DATE OF RELEASE OR 2,899
AFTER ANY MINIMUM PERIOD OR PERIOD OF INSTITUTIONALIZATION 2,900
REQUIRED BY LAW, THE CHILD MAY REQUEST IN WRITING THAT THE 2,901
RELEASE AUTHORITY CONDUCT A DISCHARGE REVIEW AFTER THE EXPIRATION 2,902
OF THE ONE-YEAR PERIOD OR THE MINIMUM PERIOD OR PERIOD. IF THE 2,903
72
CHILD SO REQUESTS, THE RELEASE AUTHORITY SHALL CONDUCT A 2,904
DISCHARGE REVIEW AND GIVE THE CHILD ITS DECISION IN WRITING. THE 2,905
RELEASE AUTHORITY SHALL NOT GRANT A DISCHARGE PRIOR TO THE
DISCHARGE DATE IF IT FINDS GOOD CAUSE FOR RETAINING THE CHILD IN 2,906
THE CUSTODY OF THE DEPARTMENT UNTIL THE DISCHARGE DATE. A CHILD 2,907
MAY REQUEST AN ADDITIONAL DISCHARGE REVIEW SIX MONTHS AFTER THE 2,908
DATE OF A PREVIOUS DISCHARGE REVIEW DECISION, BUT NOT MORE THAN 2,909
ONCE DURING ANY SIX-MONTH PERIOD AFTER THE DATE OF A PREVIOUS 2,910
DISCHARGE REVIEW DECISION. 2,911
(F) WHEN THE RELEASE AUTHORITY PLACES A CHILD ON 2,914
SUPERVISED RELEASE OR DISCHARGES A CHILD, IT SHALL GIVE NOTICE OF 2,915
THE SUPERVISED RELEASE AND ITS TERMS AND CONDITIONS OR OF THE 2,916
DISCHARGE TO THE COURT THAT COMMITTED THE CHILD TO THE CUSTODY OF 2,917
THE DEPARTMENT.
Sec. 5139.52. (A) THE RELEASE AUTHORITY OF THE DEPARTMENT 2,919
OF YOUTH SERVICES MAY REVOKE THE SUPERVISED RELEASE OF A CHILD 2,921
AFTER A HEARING IF IT FINDS THAT THE CHILD HAS VIOLATED THE LAW 2,922
OR ANY TERM OR CONDITION OF THE CHILD'S SUPERVISED RELEASE. 2,923
(B) AT ANY TIME DURING A CHILD'S SUPERVISED RELEASE, IF 2,925
THE REGIONAL ADMINISTRATOR OR THE EMPLOYEE OF THE DEPARTMENT 2,927
ASSIGNED TO SUPERVISE AND ASSIST THE CHILD HAS REASONABLE GROUNDS 2,928
TO BELIEVE THAT THE CHILD HAS VIOLATED A CONDITION OR TERM OF THE 2,929
SUPERVISED RELEASE, THE ADMINISTRATOR OR EMPLOYEE MAY ISSUE A 2,930
SUMMONS THAT REQUIRES THE CHILD TO APPEAR FOR A HEARING TO ANSWER 2,931
CHARGES OF THE ALLEGED VIOLATION. THE SUMMONS SHALL CONTAIN A 2,932
BRIEF STATEMENT OF THE ALLEGED VIOLATION, INCLUDING THE DATE AND 2,933
PLACE OF THE VIOLATION, AND SHALL REQUIRE THE CHILD TO APPEAR FOR 2,934
A HEARING BEFORE THE RELEASE AUTHORITY AT A SPECIFIC DATE, TIME, 2,935
AND PLACE. THE SUMMONS MAY BE PERSONALLY SERVED BY AN EMPLOYEE 2,936
OF THE DEPARTMENT OF YOUTH SERVICES. THE RELEASE AUTHORITY SHALL 2,938
REGARD THE FAILURE OF A CHILD TO APPEAR FOR THE HEARING STATED IN 2,939
THE SUMMONS AS A VIOLATION OF THE CHILD'S SUPERVISED RELEASE. 2,940
(C)(1) AT ANY TIME WHILE A CHILD IS ON SUPERVISED RELEASE, 2,942
A MEMBER OF THE RELEASE AUTHORITY, A REGIONAL ADMINISTRATOR, OR A 2,943
73
DESIGNEE OF A REGIONAL ADMINISTRATOR MAY ISSUE, OR CAUSE TO BE 2,944
ISSUED, AN ORDER OF APPREHENSION FOR THE ARREST OF A CHILD FOR 2,945
THE ALLEGED VIOLATION OF A CONDITION OR TERM OF THE CHILD'S 2,947
SUPERVISED RELEASE. THE ORDER OF APPREHENSION SHALL SET FORTH 2,949
THAT, IN THE GOOD FAITH JUDGMENT OF THE MEMBER OR STAFF MEMBER, 2,950
THE CHILD HAS VIOLATED A TERM OR CONDITION OF THE CHILD'S 2,951
SUPERVISED RELEASE, SHALL STATE THE BASIS FOR THAT BELIEF, AND 2,952
SHALL ORDER THAT THE CHILD BE TAKEN TO AN APPROPRIATE PLACE OF 2,953
SECURE DETENTION PENDING A PROBABLE CAUSE DETERMINATION. AS AN 2,954
ALTERNATIVE TO AN ORDER OF APPREHENSION FOR THE CHILD, A REGIONAL 2,955
ADMINISTRATOR OR THE EMPLOYEE OF THE DEPARTMENT ASSIGNED TO 2,956
SUPERVISE AND ASSIST THE CHILD MAY REQUEST A COURT TO ISSUE A 2,957
WARRANT FOR THE ARREST OF THE CHILD.
(2) A STAFF MEMBER DESIGNATED BY THE DIRECTOR PURSUANT TO 2,960
SECTION 5139.53 OF THE REVISED CODE, A PEACE OFFICER, OR ANY
OTHER OFFICER WITH THE POWER TO ARREST MAY EXECUTE A WARRANT OR 2,961
ORDER OF APPREHENSION REQUESTED OR ISSUED UNDER THIS SECTION AND 2,963
TAKE THE CHILD INTO SECURE CUSTODY. 2,964
(3) IF THE PERSON ORDERED TO BE TAKEN TO A PLACE OF SECURE 2,967
DETENTION IS EIGHTEEN, NINETEEN, OR TWENTY YEARS OF AGE, THE
PERSON MAY BE CONFINED IN THE JAIL OF THE COUNTY IN WHICH THE 2,968
PERSON IS TAKEN INTO CUSTODY. IF THE PERSON ORDERED TO BE TAKEN 2,970
TO A PLACE OF SECURE DETENTION IS UNDER EIGHTEEN YEARS OF AGE, 2,971
THE PERSON MAY BE CONFINED IN THE NEAREST JUVENILE DETENTION 2,972
FACILITY.
(D) A STAFF MEMBER DESIGNATED BY THE DIRECTOR OF YOUTH 2,975
SERVICES PURSUANT TO SECTION 5139.53 OF THE REVISED CODE, A PEACE 2,976
OFFICER, OR ANY OTHER OFFICER WITH THE POWER TO ARREST MAY ARREST 2,977
WITHOUT A WARRANT OR ORDER OF APPREHENSION AND TAKE INTO SECURE 2,978
CUSTODY A CHILD IN THE LEGAL CUSTODY OF THE DEPARTMENT IN ANY OF 2,980
THE FOLLOWING CIRCUMSTANCES: 2,981
(1) THE CHILD HAS COMMITTED OR IS COMMITTING AN OFFENSE IN 2,984
THE PRESENCE OF THE STAFF MEMBER, PEACE OFFICER, OR OTHER 2,985
OFFICER.
74
(2) THERE IS PROBABLE CAUSE TO BELIEVE THAT THE CHILD HAS 2,988
VIOLATED A TERM OR CONDITION OF SUPERVISED RELEASE AND THAT THE 2,989
CHILD IS LEAVING OR IS ABOUT TO LEAVE THE STATE.
(3) THE CHILD HAS FAILED TO APPEAR BEFORE THE RELEASE 2,991
AUTHORITY PURSUANT TO A SUMMONS OR FAILED TO REPORT TO A SECURE 2,992
FACILITY UPON THE ORDER OF THE RELEASE AUTHORITY. 2,993
(4) THE ARREST OF THE CHILD IS NECESSARY TO PREVENT 2,995
PHYSICAL HARM TO ANOTHER PERSON OR TO THE CHILD. 2,996
(E) AN EMPLOYEE OF THE DEPARTMENT ASSIGNED TO SUPERVISE 2,999
AND ASSIST A CHILD WHILE ON SUPERVISED RELEASE OR ANOTHER STAFF 3,000
MEMBER DESIGNATED BY THE DIRECTOR OF YOUTH SERVICES PURSUANT TO 3,001
SECTION 5139.53 OF THE REVISED CODE, AS APPROPRIATE, PROMPTLY
SHALL NOTIFY THE RELEASE AUTHORITY IN WRITING WHEN A SUMMONS, 3,002
ORDER OF APPREHENSION, OR WARRANT IS SERVED OR AN ARREST IS MADE 3,004
PURSUANT TO THIS SECTION AND SHALL SPECIFY IN DETAIL HOW THE 3,005
CHILD HAS VIOLATED THE TERMS AND CONDITIONS OF SUPERVISED 3,006
RELEASE.
(F) WHEN A CHILD COMES BEFORE THE RELEASE AUTHORITY UPON A 3,009
SUMMONS, ORDER OF APPREHENSION, WARRANT, OR ARREST BASED UPON AN 3,011
ALLEGED VIOLATION OF A TERM OR CONDITION OF THE CHILD'S
SUPERVISED RELEASE, THE RELEASE AUTHORITY SHALL HOLD A HEARING IN 3,013
ACCORDANCE WITH RULES ADOPTED UNDER THIS SECTION. THE RELEASE 3,014
AUTHORITY IS NOT REQUIRED TO HOLD A HEARING IF THE CHILD ADMITS 3,015
TO, IS ADJUDICATED DELINQUENT FOR, OR IS CONVICTED OF OR PLEADS 3,016
GUILTY TO AN OFFENSE COMMITTED WHILE ON SUPERVISED RELEASE AND 3,017
UPON WHICH THE VIOLATION OF THE SUPERVISED RELEASE IS BASED. 3,018
IF THE RELEASE AUTHORITY FAILS TO MAKE A DETERMINATION 3,020
WITHIN A REASONABLE TIME IN THE CASE OF A CHILD ALLEGED TO HAVE 3,021
VIOLATED A TERM OR CONDITION OF SUPERVISED RELEASE, THE CHILD 3,023
SHALL BE RELEASED FROM CUSTODY UNDER THE CONTINUING TERMS AND 3,024
CONDITIONS OF THE CHILD'S SUPERVISED RELEASE.
(G) IF THE RELEASE AUTHORITY DETERMINES THAT A SERIOUS 3,027
VIOLATION OF A TERM OR CONDITION OF THE CHILD'S SUPERVISED 3,029
RELEASE HAS OCCURRED, THE RELEASE AUTHORITY AT THE CONCLUSION OF 3,030
75
THE HEARING SHALL ADVISE THE CHILD AND OTHER PARTIES OF ITS 3,031
FINDINGS AND DECISION. IF A VIOLATION OF SUPERVISED RELEASE IS 3,032
FOUND, THE RELEASE AUTHORITY, IN ADDITION TO MAKING ANY OTHER 3,033
DISPOSITION OF THE CHILD AUTHORIZED BY LAW THAT THE RELEASE 3,034
AUTHORITY CONSIDERS PROPER, MAY DO ONE OF THE FOLLOWING: 3,035
(1) CONSISTENT WITH THE ORIGINAL ORDER THAT COMMITTED THE 3,037
CHILD TO THE CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES, ORDER 3,038
THAT THE CHILD BE RETURNED TO A SECURE FACILITY OR OTHER 3,040
DESIGNATED SECURE OR NONSECURE RESIDENTIAL PROGRAM, INCLUDING A 3,041
COMMUNITY CORRECTIONS FACILITY;
(2) MODIFY THE TERMS AND CONDITIONS OF THE CHILD'S 3,043
SUPERVISED RELEASE, INCLUDING REQUIRING A MORE INTENSIVE DEGREE 3,044
OF SUPERVISION, AND RETURN THE YOUTH TO THE COMMUNITY. 3,045
(H) IF A CHILD VIOLATES THE TERMS AND CONDITIONS OF 3,047
SUPERVISED RELEASE BY ABSCONDING FROM SUPERVISED RELEASE, THE 3,048
REGIONAL ADMINISTRATOR SHALL REPORT THE ABSCONDING TO THE RELEASE 3,049
AUTHORITY IN WRITING, AND THE RELEASE AUTHORITY SHALL ENTER AN 3,050
ORDER DECLARING THE CHILD TO BE A YOUTH VIOLATOR AT LARGE. WHEN 3,051
A YOUTH VIOLATOR AT LARGE IS APPREHENDED AND IS AVAILABLE FOR 3,052
RETURN TO THE DEPARTMENT, THE REGIONAL ADMINISTRATOR, UPON BEING 3,053
ADVISED OF THE APPREHENSION, SHALL RECOMMEND TO THE RELEASE 3,054
AUTHORITY THAT THE CHILD BE RETURNED TO A SECURE FACILITY, BE 3,055
RETURNED TO A DESIGNATED SECURE OR NONSECURE RESIDENTIAL PROGRAM, 3,056
INCLUDING A COMMUNITY CORRECTIONS FACILITY, OR BE RESTORED TO 3,057
SUPERVISED RELEASE ACCORDING TO NEW OR MODIFIED TERMS AND 3,058
CONDITIONS. IF THE RELEASE AUTHORITY DOES NOT ORDER THAT THE 3,059
CHILD BE RETURNED TO SUPERVISION ACCORDING TO NEW OR MODIFIED 3,060
TERMS AND CONDITIONS OF SUPERVISED RELEASE, THE AUTHORITY SHALL 3,061
ORDER THAT THE CHILD BE RETURNED TO A SECURE FACILITY OR OTHER 3,062
DESIGNATED SECURE OR NONSECURE RESIDENTIAL PROGRAM, INCLUDING A 3,063
COMMUNITY CORRECTIONS FACILITY. 3,064
(I) IF A CHILD IS RETURNED TO A SECURE FACILITY OR OTHER 3,067
DESIGNATED SECURE OR NONSECURE RESIDENTIAL PROGRAM, INCLUDING A 3,068
COMMUNITY CORRECTIONS FACILITY, BECAUSE THE RELEASE AUTHORITY 3,069
76
REVOKED THE CHILD'S SUPERVISED RELEASE, THE DEPARTMENT OF YOUTH 3,070
SERVICES SHALL CONSIDER THE CHILD TO BE A PUBLIC SAFETY BED FOR 3,071
PURPOSES OF THIS CHAPTER. 3,072
(J) THE DEPARTMENT OF YOUTH SERVICES, IN ACCORDANCE WITH 3,076
CHAPTER 119. OF THE REVISED CODE, SHALL ADOPT RULES ESTABLISHING 3,077
PROCEDURES FOR A REVOCATION HEARING UNDER THIS SECTION. 3,078
Sec. 5139.53. (A)(1) THE DIRECTOR OF YOUTH SERVICES SHALL 3,081
DESIGNATE CERTAIN EMPLOYEES OF THE DEPARTMENT OF YOUTH SERVICES, 3,082
INCLUDING REGIONAL ADMINISTRATORS, AS PERSONS WHO ARE AUTHORIZED 3,083
TO ARREST, IN ACCORDANCE WITH SECTION 5139.52 OF THE REVISED 3,085
CODE, CHILDREN IN THE CUSTODY OF THE DEPARTMENT WHO ARE VIOLATING 3,087
OR ARE ALLEGED TO HAVE VIOLATED THE TERMS AND CONDITIONS OF 3,088
SUPERVISED RELEASE.
(2) THE DIRECTOR SHALL DESIGNATE SOME OF THE EMPLOYEES 3,090
DESIGNATED UNDER DIVISION (A)(1) OF THIS SECTION AS EMPLOYEES 3,092
AUTHORIZED TO CARRY A FIREARM ISSUED BY THE DEPARTMENT WHILE ON 3,093
DUTY FOR THEIR PROTECTION IN CARRYING OUT OFFICIAL DUTIES.
(B) AN EMPLOYEE DESIGNATED BY THE DIRECTOR PURSUANT TO 3,095
DIVISION (A)(2) OF THIS SECTION TO CARRY A FIREARM IN THE 3,096
DISCHARGE OF OFFICIAL DUTIES SHALL NOT CARRY A FIREARM UNTIL THE 3,098
EMPLOYEE HAS SUCCESSFULLY COMPLETED A BASIC FIREARM TRAINING 3,099
PROGRAM THAT IS CONDUCTED AT A TRAINING SCHOOL APPROVED BY THE 3,101
OHIO PEACE OFFICER TRAINING COUNCIL AND THAT IS SUBSTANTIALLY 3,102
SIMILAR TO THE BASIC FIREARM TRAINING PROGRAM FOR PEACE OFFICERS 3,103
CONDUCTED AT THE OHIO PEACE OFFICER TRAINING ACADEMY AND HAS 3,105
RECEIVED A CERTIFICATE OF SATISFACTORY COMPLETION OF THAT PROGRAM 3,106
FROM THE EXECUTIVE DIRECTOR OF THE OHIO PEACE OFFICER TRAINING 3,107
COUNCIL. 3,108
(C) AFTER RECEIPT OF A CERTIFICATE OF SATISFACTORY 3,111
COMPLETION OF A BASIC FIREARM TRAINING PROGRAM, TO MAINTAIN THE 3,112
RIGHT TO CARRY A FIREARM IN THE DISCHARGE OF OFFICIAL DUTIES, AN 3,113
EMPLOYEE AUTHORIZED UNDER THIS SECTION TO CARRY A FIREARM SHALL 3,114
SUCCESSFULLY COMPLETE A FIREARMS REQUALIFICATION PROGRAM IN 3,115
ACCORDANCE WITH SECTION 109.801 OF THE REVISED CODE.
77
(D) EACH EMPLOYEE AUTHORIZED TO CARRY A FIREARM SHALL GIVE 3,118
BOND TO THE STATE TO BE APPROVED BY THE CLERK OF THE COURT OF 3,119
COMMON PLEAS IN THE COUNTY OF THAT EMPLOYEE'S RESIDENCE. THE 3,120
BOND SHALL BE IN THE SUM OF ONE THOUSAND DOLLARS, CONDITIONED TO 3,121
SAVE THE PUBLIC HARMLESS BY REASON OF THE UNLAWFUL USE OF A 3,122
FIREARM. A PERSON INJURED OR THE FAMILY OF A PERSON KILLED BY 3,123
THE EMPLOYEE'S IMPROPER USE OF A FIREARM MAY HAVE RECOURSE ON THE 3,124
BOND.
(E) THE DIRECTOR OF YOUTH SERVICES SHALL ESTABLISH 3,127
POLICIES FOR THE CARRYING AND USE OF FIREARMS BY THE EMPLOYEES 3,128
THAT THE DIRECTOR DESIGNATES UNDER THIS SECTION. 3,129
Sec. 5139.54. (A) NOTWITHSTANDING ANY OTHER PROVISION FOR 3,131
DETERMINING WHEN A CHILD SHALL BE RELEASED OR DISCHARGED FROM THE 3,133
LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES, INCLUDING 3,134
JURISDICTIONAL PROVISIONS IN SECTION 2151.38 OF THE REVISED CODE, 3,135
THE RELEASE AUTHORITY, FOR MEDICAL REASONS, MAY RELEASE A CHILD 3,136
UPON SUPERVISED RELEASE OR DISCHARGE THE CHILD FROM THE CUSTODY 3,137
OF THE DEPARTMENT WHEN ANY OF THE FOLLOWING APPLIES: 3,138
(1) THE CHILD IS TERMINALLY ILL OR OTHERWISE IN IMMINENT 3,141
DANGER OF DEATH.
(2) THE CHILD IS INCAPACITATED DUE TO INJURY, DISEASE, 3,143
ILLNESS, OR OTHER MEDICAL CONDITION AND IS NO LONGER A THREAT TO 3,144
PUBLIC SAFETY. 3,145
(3) THE CHILD APPEARS TO BE A MENTALLY ILL PERSON SUBJECT 3,148
TO HOSPITALIZATION BY COURT ORDER OR A MENTALLY RETARDED PERSON
SUBJECT TO INSTITUTIONALIZATION BY COURT ORDER. 3,150
(B) WHEN CONSIDERING WHETHER TO RELEASE OR DISCHARGE A 3,153
CHILD FOR MEDICAL REASONS, THE RELEASE AUTHORITY MAY REQUEST 3,154
ADDITIONAL MEDICAL INFORMATION ABOUT THE CHILD OR MAY ASK THE 3,155
DEPARTMENT TO CONDUCT ADDITIONAL MEDICAL EXAMINATIONS. 3,156
(C) THE RELEASE AUTHORITY SHALL DETERMINE THE APPROPRIATE 3,159
LEVEL OF SUPERVISED RELEASE FOR A CHILD RELEASED UNDER THIS 3,160
SECTION. THE TERMS AND CONDITIONS OF THE RELEASE MAY REQUIRE 3,161
PERIODIC MEDICAL REEVALUATIONS AS APPROPRIATE. UPON GRANTING A 3,163
78
RELEASE OR DISCHARGE UNDER THIS SECTION, THE RELEASE AUTHORITY
SHALL GIVE NOTICE OF THE RELEASE AND ITS TERMS AND CONDITIONS OR 3,164
OF THE DISCHARGE TO THE COURT THAT COMMITTED THE CHILD TO THE 3,165
CUSTODY OF THE DEPARTMENT. 3,166
(D) THE RELEASE AUTHORITY SHALL SUBMIT ANNUALLY TO THE 3,169
DIRECTOR OF YOUTH SERVICES A REPORT THAT INCLUDES ALL OF THE 3,170
FOLLOWING INFORMATION FOR THE PREVIOUS CALENDAR YEAR: 3,171
(1) THE NUMBER OF CHILDREN THE RELEASE AUTHORITY 3,173
CONSIDERED FOR MEDICAL RELEASE OR DISCHARGE; 3,174
(2) THE NATURE OF THE INJURY, DISEASE, ILLNESS, OR OTHER 3,176
MEDICAL CONDITION OF EACH CHILD CONSIDERED FOR MEDICAL RELEASE OR 3,177
DISCHARGE; 3,178
(3) THE DECISION MADE BY THE RELEASE AUTHORITY FOR EACH 3,180
CHILD, INCLUDING THE REASONS FOR DENYING MEDICAL RELEASE OR 3,181
DISCHARGE OR FOR GRANTING IT; 3,182
(4) THE NUMBER OF CHILDREN ON MEDICAL RELEASE WHO WERE 3,184
RETURNED TO A SECURE FACILITY OR WHOSE SUPERVISED RELEASE WAS 3,185
REVOKED. 3,186
Sec. 5139.55. (A) THE OFFICE OF VICTIMS' SERVICES IS 3,189
HEREBY CREATED WITHIN THE RELEASE AUTHORITY OF THE DEPARTMENT OF 3,190
YOUTH SERVICES. THE OFFICE OF VICTIMS' SERVICES SHALL PROVIDE 3,191
ASSISTANCE TO VICTIMS OF ACTS FOR WHICH A CHILD HAS BEEN 3,192
ADJUDICATED A DELINQUENT CHILD AND COMMITTED TO THE LEGAL CUSTODY 3,193
OF THE DEPARTMENT, VICTIMS' REPRESENTATIVES, AND MEMBERS OF A 3,194
VICTIM'S FAMILY. THE ASSISTANCE SHALL INCLUDE, BUT NOT BE 3,195
LIMITED TO, PROVIDING INFORMATION ABOUT THE POLICIES AND 3,196
PROCEDURES OF THE DEPARTMENT OF YOUTH SERVICES AND THE STATUS OF
CHILDREN IN THE LEGAL CUSTODY OF THE DEPARTMENT. THE OFFICE 3,197
SHALL MAKE AVAILABLE PUBLICATIONS TO ASSIST VICTIMS IN CONTACTING 3,199
STAFF OF THE DEPARTMENT ABOUT PROBLEMS WITH CHILDREN ON 3,200
SUPERVISED RELEASE OR IN A SECURE FACILITY.
(B) THE OFFICE OF VICTIMS' SERVICES SHALL EMPLOY A VICTIMS 3,203
COORDINATOR WHO SHALL ADMINISTER THE DUTIES OF THE OFFICE. THE 3,204
VICTIMS COORDINATOR SHALL BE IN THE UNCLASSIFIED CIVIL SERVICE 3,205
79
AND, AS A MANAGING OFFICER OF THE DEPARTMENT, SHALL REPORT 3,206
DIRECTLY TO THE CHAIRPERSON OF THE RELEASE AUTHORITY. THE OFFICE 3,207
SHALL EMPLOY OTHER STAFF MEMBERS TO ASSIST THE MEMBERS OF THE 3,208
RELEASE AUTHORITY AND HEARING REPRESENTATIVES IN IDENTIFYING 3,209
VICTIMS' ISSUES, ENSURE THAT THE RELEASE AUTHORITY UPHOLDS THE 3,210
PROVISIONS OF SECTION 5139.56 OF THE REVISED CODE, AND MAKE 3,211
RECOMMENDATIONS TO THE RELEASE AUTHORITY IN ACCORDANCE WITH 3,212
POLICIES ADOPTED BY THE DEPARTMENT. THE CHAIRPERSON OF THE 3,213
RELEASE AUTHORITY SHALL APPROVE THE HIRING OF THE EMPLOYEES OF 3,214
THE OFFICE.
(C) THE OFFICE OF VICTIMS' SERVICES SHALL COORDINATE ITS 3,217
ACTIVITIES WITH THE CHAIRPERSON OF THE RELEASE AUTHORITY. THE 3,218
VICTIMS COORDINATOR AND OTHER EMPLOYEES OF THE OFFICE SHALL HAVE 3,219
FULL ACCESS TO THE RECORDS OF CHILDREN IN THE LEGAL CUSTODY OF 3,220
THE DEPARTMENT.
Sec. 5139.56. (A) THE VICTIM OF AN ACT FOR WHICH A CHILD 3,222
HAS BEEN COMMITTED TO THE LEGAL CUSTODY OF THE DEPARTMENT OF 3,224
YOUTH SERVICES MAY SUBMIT A WRITTEN REQUEST TO THE RELEASE 3,225
AUTHORITY TO NOTIFY THE VICTIM OF ALL RELEASE, REVOCATION, AND 3,226
DISCHARGE REVIEWS RELATING TO THE CHILD. IF THE VICTIM IS A 3,227
MINOR, IS INCAPACITATED, INCOMPETENT, OR DECEASED, OR CHOOSES TO 3,228
BE REPRESENTED BY ANOTHER PERSON, THE VICTIM MAY DESIGNATE A 3,229
PERSON TO ACT ON THE VICTIM'S BEHALF AS A VICTIM'S REPRESENTATIVE 3,230
AND TO REQUEST AND RECEIVE THE NOTICES. IF MORE THAN ONE PERSON 3,231
SEEKS TO ACT AS THE REPRESENTATIVE OF THE VICTIM, THE RELEASE 3,232
AUTHORITY SHALL DESIGNATE ONE PERSON TO ACT AS THE VICTIM'S 3,233
REPRESENTATIVE. IF THE VICTIM CHOOSES NOT TO HAVE A 3,234
REPRESENTATIVE, THE VICTIM SHALL BE THE SOLE PERSON ACCORDED 3,235
RIGHTS UNDER THIS SECTION. THE RELEASE AUTHORITY MAY GIVE NOTICE 3,236
BY ANY MEANS REASONABLY CALCULATED TO PROVIDE PROMPT ACTUAL 3,237
NOTICE.
THE VICTIM OR VICTIM'S REPRESENTATIVE SHALL PROVIDE THE 3,239
RELEASE AUTHORITY AN ADDRESS OR TELEPHONE NUMBER AT WHICH NOTICE 3,240
MAY BE GIVEN AND SHALL NOTIFY THE RELEASE AUTHORITY OF ANY 3,241
80
CHANGES IN THAT INFORMATION. IF AT ANY TIME THE VICTIM OR 3,242
VICTIM'S REPRESENTATIVE ELECTS TO WAIVE NOTICE AND OTHER RIGHTS 3,243
AFFORDED BY THIS SECTION, THE VICTIM OR VICTIM'S REPRESENTATIVE 3,244
MAY DO SO IN A WRITTEN STATEMENT TO THE RELEASE AUTHORITY. 3,246
(B) IF A VICTIM OR VICTIM'S REPRESENTATIVE HAS REQUESTED 3,249
NOTICE OF PENDING REVIEWS, THE RELEASE AUTHORITY SHALL GIVE THAT 3,250
PERSON NOTICE OF A REVIEW AT LEAST TWENTY-ONE DAYS PRIOR TO THE 3,251
DATE OF THE REVIEW. THE NOTICE SHALL SPECIFY THE DATE OF THE 3,252
REVIEW, INCLUDING THE TIME AND PLACE OF ANY HEARING. UPON 3,253
RECEIVING NOTICE THAT A HEARING IS SCHEDULED, THE VICTIM OR 3,254
VICTIM'S REPRESENTATIVE, AT LEAST TWO DAYS PRIOR TO THE HEARING, 3,255
SHALL NOTIFY THE RELEASE AUTHORITY OF THE VICTIM'S OR 3,256
REPRESENTATIVE'S INTENTION TO BE PRESENT AT THE HEARING SO THAT 3,257
THE RELEASE AUTHORITY MAY ENSURE APPROPRIATE ACCOMMODATIONS AND 3,258
SECURITY.
(C) IF A VICTIM OR VICTIM'S REPRESENTATIVE HAS INDICATED A 3,261
DESIRE TO PARTICIPATE IN A REVIEW, THE RELEASE AUTHORITY SHALL 3,262
GIVE THAT PERSON AN OPPORTUNITY TO PROVIDE A WRITTEN STATEMENT OR 3,263
COMMUNICATE ORALLY WITH A REPRESENTATIVE OF THE RELEASE 3,264
AUTHORITY. IF A VICTIM OR VICTIM'S REPRESENTATIVE IS PRESENT AT 3,265
A HEARING, THE AUTHORITY SHALL GIVE THAT PERSON AN OPPORTUNITY TO 3,266
MAKE AN ORAL OR WRITTEN STATEMENT THAT MAY ADDRESS THE IMPACT OF 3,267
THE OFFENSE UPON THE VICTIM, INCLUDING THE NATURE AND EXTENT OF 3,268
ANY HARM SUFFERED, THE EXTENT OF ANY PROPERTY DAMAGE OR ECONOMIC 3,269
LOSS, ANY RESTITUTION ORDERED BY THE COMMITTING COURT AND THE 3,270
PROGRESS THE CHILD HAS MADE TOWARD FULFILLMENT OF THAT 3,271
OBLIGATION, AND THE VICTIM'S RECOMMENDATION FOR THE OUTCOME OF 3,272
THE REVIEW OR HEARING. A WRITTEN STATEMENT SUBMITTED BY A VICTIM 3,273
OR A VICTIM'S REPRESENTATIVE UNDER THIS SECTION IS CONFIDENTIAL, 3,274
IS NOT A PUBLIC RECORD, AND SHALL BE RETURNED TO THE RELEASE 3,276
AUTHORITY AT THE END OF A REVIEW OR HEARING BY ANY PERSON WHO 3,277
RECEIVES A COPY OF IT.
AT A HEARING BEFORE THE RELEASE AUTHORITY, A VICTIM OR 3,279
VICTIM'S REPRESENTATIVE MAY BE ACCOMPANIED BY ANOTHER PERSON FOR 3,280
81
SUPPORT, BUT THAT PERSON SHALL NOT ACT AS A VICTIM'S 3,281
REPRESENTATIVE. THE RELEASE AUTHORITY AND OTHER EMPLOYEES OF THE 3,283
DEPARTMENT OF YOUTH SERVICES SHALL MAKE REASONABLE EFFORTS TO 3,284
MINIMIZE CONTACT BETWEEN THE CHILD AND THE VICTIM, VICTIM'S
REPRESENTATIVE, OR SUPPORT PERSON BEFORE, DURING, AND AFTER THE 3,285
HEARING. THE RELEASE AUTHORITY SHALL USE A SEPARATE WAITING AREA 3,287
FOR THE VICTIM, VICTIM'S REPRESENTATIVE, AND SUPPORT PERSON IF A 3,288
SEPARATE AREA IS AVAILABLE.
(D) AT NO TIME SHALL A VICTIM OR VICTIM'S REPRESENTATIVE 3,291
BE COMPELLED TO DISCLOSE THE VICTIM'S ADDRESS, PLACE OF 3,292
EMPLOYMENT, OR SIMILAR IDENTIFYING INFORMATION TO THE CHILD OR 3,293
THE CHILD'S PARENT OR LEGAL GUARDIAN. UPON REQUEST OF A VICTIM 3,294
OR A VICTIM'S REPRESENTATIVE, THE RELEASE AUTHORITY SHALL KEEP IN 3,295
ITS FILES ONLY THE ADDRESS OR TELEPHONE NUMBER TO WHICH IT SHALL 3,296
SEND NOTICE OF A REVIEW.
(E) NO EMPLOYER SHALL DISCHARGE, DISCIPLINE, OR OTHERWISE 3,299
RETALIATE AGAINST A VICTIM OR VICTIM'S REPRESENTATIVE FOR 3,300
PARTICIPATING IN A HEARING BEFORE THE RELEASE AUTHORITY. THIS 3,301
DIVISION GENERALLY DOES NOT REQUIRE AN EMPLOYER TO COMPENSATE AN 3,302
EMPLOYEE FOR TIME LOST AS A RESULT OF ATTENDANCE AT A HEARING 3,303
BEFORE THE RELEASE AUTHORITY.
(F) THE RELEASE AUTHORITY SHALL MAKE REASONABLE, GOOD 3,306
FAITH EFFORTS TO COMPLY WITH THE PROVISIONS OF THIS SECTION. 3,307
FAILURE OF THE RELEASE AUTHORITY TO COMPLY WITH THIS SECTION DOES 3,308
NOT GIVE RISE TO A CLAIM FOR DAMAGES AGAINST THE RELEASE 3,309
AUTHORITY AND DOES NOT REQUIRE MODIFICATION OF A FINAL DECISION 3,310
BY THE RELEASE AUTHORITY. 3,311
(G) IF A VICTIM IS IN THE LEGAL CUSTODY OF THE DEPARTMENT 3,314
OF YOUTH SERVICES AND RESIDES IN A SECURE FACILITY OR IN ANOTHER 3,315
SECURE RESIDENTIAL PROGRAM, INCLUDING A COMMUNITY CORRECTIONS 3,316
FACILITY, OR IS INCARCERATED, THE RELEASE AUTHORITY MAY MODIFY 3,317
THE VICTIM'S RIGHTS UNDER THIS SECTION TO PREVENT A SECURITY 3,318
RISK, HARDSHIP, OR UNDUE BURDEN UPON A PUBLIC OFFICIAL OR AGENCY 3,319
WITH A DUTY UNDER THIS SECTION. IF THE VICTIM RESIDES IN ANOTHER 3,320
82
STATE UNDER SIMILAR CIRCUMSTANCES, THE RELEASE AUTHORITY MAY MAKE 3,321
SIMILAR MODIFICATIONS OF THE VICTIM'S RIGHTS. 3,322
Section 2. That existing sections 2151.312, 2151.355, 3,324
2151.38, 5139.01, 5139.04, 5139.05, 5139.06, 5139.07, 5139.08, 3,325
5139.18, 5139.20, 5139.32, 5139.35, 5139.38, and 5139.43 of the 3,326
Revised Code are hereby repealed. 3,327
Section 3. Sections 1 and 2 of this act, except for 3,329
section 5139.50 of the Revised Code, as enacted by this act, 3,330
shall take effect July 1, 1998. Section 5139.50 of the Revised 3,331
Code, as enacted by this act, shall take effect January 1, 1998. 3,332
Section 4. Section 2151.312 of the Revised Code is 3,334
presented in this act as a composite of the section as amended by 3,335
both Sub. H.B. 265 and Am. Sub. H.B. 124 of the 121st General 3,336
Assembly, with the new language of neither of the acts shown in 3,338
capital letters. Section 5139.20 of the Revised Code is 3,339
presented in this act as a composite of the section as amended by 3,340
both Am. Sub. S.B. 2 and Am. Sub. H.B. 1 of the 121st General 3,341
Assembly, with the new language of neither of the acts shown in 3,343
capital letters. This is in recognition of the principle stated 3,344
in division (B) of section 1.52 of the Revised Code that such 3,345
amendments are to be harmonized where not substantively 3,346
irreconcilable and constitutes a legislative finding that such is 3,347
the resulting version in effect prior to the effective date of 3,348
this act.