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           

                                                          3      

                                                                 
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          

                                                          4      

                                                                 
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          

                                                          5      

                                                                 
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          

                                                          6      

                                                                 
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          

                                                          7      

                                                                 
      (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          

                                                          8      

                                                                 
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          

                                                          9      

                                                                 
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                      

                                                          10     

                                                                 
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          

                                                          11     

                                                                 
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          

                                                          12     

                                                                 
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          

                                                          13     

                                                                 
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                

                                                          14     

                                                                 
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          

                                                          15     

                                                                 
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          

                                                          16     

                                                                 
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.