As Passed by the House 1
122nd General Assembly 4
Regular Session Am. Sub. H. B. No. 1 5
1997-1998 6
REPRESENTATIVES WILLIAMS-TAYLOR-MYERS-CALLENDER-BATCHELDER- 8
MASON-GARCIA-HOUSEHOLDER-KASPUTIS-WISE-GRENDELL-CAREY- 9
HARRIS-TIBERI-AMSTUTZ-CATES-WINKLER-DAMSCHRODER-PRINGLE- 10
BOYD-TERWILLEGER-BOGGS-O'BRIEN-LUCAS-JONES-HAINES- 11
OLMAN-CORE-PADGETT-THOMAS-BUCHY-CORBIN-KREBS-VESPER- 12
ROMAN-SALERNO-JOHNSON-REID 13
14
A B I L L
To amend sections 2151.312, 2151.355, 2151.38, 16
5139.01, 5139.04, 5139.05, 5139.06, 5139.07, 17
5139.08, 5139.18, 5139.20, 5139.32, 5139.35, 18
5139.38, and 5139.43 and to enact sections 19
5139.50 to 5139.56 of the Revised Code to create 20
a Release Authority in the Department of Youth 21
Services to grant releases to certain children 22
committed to the Department, to establish a 23
procedure for the judicial release of certain 24
children in the Department's custody, and to 25
establish an Office of Victims' Services in the 26
Release Authority. 27
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 29
Section 1. That sections 2151.312, 2151.355, 2151.38, 31
5139.01, 5139.04, 5139.05, 5139.06, 5139.07, 5139.08, 5139.18, 32
5139.20, 5139.32, 5139.35, 5139.38, and 5139.43 be amended and 33
sections 5139.50, 5139.51, 5139.52, 5139.53, 5139.54, 5139.55, 34
and 5139.56 of the Revised Code be enacted to read as follows: 35
Sec. 2151.312. (A) Except as provided in divisions (B) 45
and (F) of this section, a child alleged to be or adjudicated a 46
delinquent child, an unruly child, or a juvenile traffic offender 47
2
may be held only in the following places: 48
(1) A certified family foster home or a home approved by 50
the court; 51
(2) A facility operated by a certified child welfare 53
agency; 54
(3) Any other suitable place designated by the court. 56
(B) In addition to the places listed in division (A) of 58
this section, a child alleged to be or adjudicated a delinquent 59
child may be held in a detention home or center for delinquent 60
children that is under the direction or supervision of the court 61
or other public authority or of a private agency and approved by 62
the court.
(C)(1) Except as provided under division (C)(1) of section 64
2151.311 of the Revised Code or division (A)(6) of section 65
2151.356 of the Revised Code, a child alleged to be or 67
adjudicated a neglected child, an abused child, a dependent
child, an unruly child, or a juvenile traffic offender may not be 68
held in any of the following facilities: 69
(a) A state correctional institution, county, multicounty, 72
or municipal jail or workhouse, or other place in which an adult 73
convicted of crime, under arrest, or charged with a crime is 74
held.
(b) A secure correctional facility. 76
(2) Except as provided under sections 2151.56 to 2151.61 78
and division (A)(6) of section 2151.356 of the Revised Code and 79
division (C)(3) of this section, a child alleged to be or 80
adjudicated an unruly child or a juvenile traffic offender may 81
not be held for more than twenty-four hours in a detention home. 82
A child alleged to be or adjudicated a neglected child, an abused 83
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 85
unruly child and who is taken into custody on a Saturday, Sunday, 87
or legal holiday, as listed in section 1.14 of the Revised Code,
3
may be held in a detention home until the next succeeding day 88
that is not a Saturday, Sunday, or legal holiday. 89
(D) Except as provided in division (C)(F) of this section 91
or in division (C) of section 2151.311, in division (C)(3)(2) of 92
section 5139.06 and section 5120.162, or in division (B) of 94
section 5120.16 of the Revised Code, a child who is alleged to be 95
or is adjudicated a delinquent child may not be held in a state 96
correctional institution, county, multicounty, or municipal jail 97
or workhouse, or other place where an adult convicted of crime, 98
under arrest, or charged with crime is held. 99
(E) Unless the detention is pursuant to division (C)(F) of 101
this section or division (C) of section 2151.311, division 103
(C)(3)(2) of section 5139.06 and section 5120.162, or division 105
(B) of section 5120.16 of the Revised Code, the official in 106
charge of the institution, jail, workhouse, or other facility 107
shall inform the court immediately when a child, who is or 108
appears to be under the age of eighteen years, is received at the 109
facility, and shall deliver the child to the court upon request 110
or transfer the child to a detention facility designated by the 111
court.
(F) If a case is transferred to another court for criminal 113
prosecution pursuant to section 2151.26 of the Revised Code, the 114
child may be transferred for detention pending the criminal 115
prosecution in a jail or other facility in accordance with the 116
law governing the detention of persons charged with crime. Any 117
child so held shall be confined in a manner that keeps the child 118
beyond the range of touch of all adult detainees. The child 119
shall be supervised at all times during the detention. 120
Sec. 2151.355. (A) If a child is adjudicated a delinquent 129
child, the court may make any of the following orders of 130
disposition:
(1) Any order that is authorized by section 2151.353 of 132
the Revised Code; 133
(2) Place the child on probation under any conditions that 135
4
the court prescribes. If the child is adjudicated a delinquent 136
child for violating section 2909.05, 2909.06, or 2909.07 of the 138
Revised Code and if restitution is appropriate under the
circumstances of the case, the court shall require the child to 139
make restitution for the property damage caused by the child's 140
violation as a condition of the child's probation. If the child 142
is adjudicated a delinquent child because the child violated any 143
other section of the Revised Code, the court may require the 144
child as a condition of the child's probation to make restitution 145
for the property damage caused by the child's violation and for 146
the value of the property that was the subject of the violation 147
the child committed if it would be a theft offense, as defined in 148
division (K) of section 2913.01 of the Revised Code, if committed 149
by an adult. The restitution may be in the form of a cash 150
reimbursement paid in a lump sum or in installments, the 151
performance of repair work to restore any damaged property to its 152
original condition, the performance of a reasonable amount of 153
labor for the victim approximately equal to the value of the 154
property damage caused by the child's violation or to the value 155
of the property that is the subject of the violation if it would 156
be a theft offense if committed by an adult, the performance of 157
community service or community work, any other form of 158
restitution devised by the court, or any combination of the 159
previously described forms of restitution.
If the child is adjudicated a delinquent child for 161
violating a law of this state or the United States, or an 162
ordinance or regulation of a political subdivision of this state, 163
that would be a crime if committed by an adult or for violating 165
division (A) of section 2923.211 of the Revised Code, the court,
in addition to all other required or permissive conditions of 167
probation that the court imposes upon the delinquent child 169
pursuant to division (A)(2) of this section, shall require the 170
child as a condition of the child's probation to abide by the law 171
during the period of probation, including, but not limited to, 172
5
complying with the provisions of Chapter 2923. of the Revised 173
Code relating to the possession, sale, furnishing, transfer, 174
disposition, purchase, acquisition, carrying, conveying, or use 175
of, or other conduct involving a firearm or dangerous ordnance, 176
as defined in section 2923.11 of the Revised Code. 177
(3) Commit the child to the temporary custody of any 179
school, camp, institution, or other facility operated for the 180
care of delinquent children by the county, by a district 182
organized under section 2151.34 or 2151.65 of the Revised Code, 183
or by a private agency or organization, within or without the 184
state, that is authorized and qualified to provide the care, 185
treatment, or placement required;
(4) If the child is adjudicated a delinquent child for 187
committing an act that would be a felony of the third, fourth, or 188
fifth degree if committed by an adult or for violating division 190
(A) of section 2923.211 of the Revised Code, commit the child to 191
the legal custody of the department of youth services for 192
institutionalization for an indefinite term consisting of a 193
minimum period of six months and a maximum period not to exceed 194
the child's attainment of twenty-one years of age; 195
(5)(a) If the child is adjudicated a delinquent child for 197
violating section 2903.03, 2905.01, 2909.02, or 2911.01 or 198
division (A) of section 2903.04 of the Revised Code or for 199
violating any provision of section 2907.02 of the Revised Code 200
other than division (A)(1)(b) of that section when the sexual 202
conduct or insertion involved was consensual and when the victim
of the violation of division (A)(1)(b) of that section was older 204
than the delinquent child, was the same age as the delinquent 205
child, or was less than three years younger than the delinquent 206
child, commit the child to the legal custody of the department of 207
youth services for institutionalization in a secure facility for 208
an indefinite term consisting of a minimum period of one to three 209
years, as prescribed by the court, and a maximum period not to 210
exceed the child's attainment of twenty-one years of age; 211
6
(b) If the child is adjudicated a delinquent child for 214
violating section 2923.02 of the Revised Code and if the 215
violation involves an attempt to commit a violation of section
2903.01 or 2903.02 of the Revised Code, commit the child to the 217
legal custody of the department of youth services for
institutionalization in a secure facility for an indefinite term 218
consisting of a minimum period of six to seven years, as 219
prescribed by the court, and a maximum period not to exceed the 220
child's attainment of twenty-one years of age;
(c) If the child is adjudicated a delinquent child for 222
committing an act that is not described in division (A)(5)(a) or 223
(b) of this section and that would be a felony of the first or 224
second degree if committed by an adult, commit the child to the 225
legal custody of the department of youth services for 226
institutionalization in a secure facility for an indefinite term 227
consisting of a minimum period of one year and a maximum period 228
not to exceed the child's attainment of twenty-one years of age;. 229
(6) If the child is adjudicated a delinquent child for 231
committing a violation of section 2903.01 or 2903.02 of the 232
Revised Code, commit the child to the legal custody of the 234
department of youth services for institutionalization in a secure 235
facility until the child's attainment of twenty-one years of age; 236
(7)(a) If the child is adjudicated a delinquent child for 239
committing an act, other than a violation of section 2923.12 of 240
the Revised Code, that would be a felony if committed by an adult 241
and is committed to the legal custody of the department of youth 242
services pursuant to division (A)(4), (5), or (6) of this section 243
and if the court determines that the child, if the child was an 244
adult, would be guilty of a specification of the type set forth 245
in section 2941.141, 2941.144, 2941.145, or 2941.146 of the 246
Revised Code in relation to the act for which the child was 247
adjudicated a delinquent child, commit the child to the legal 248
custody of the department of youth services for
institutionalization in a secure facility for the following 249
7
period of time, subject to division (A)(7)(b) of this section: 250
(i) If the child would be guilty of a specification of the 252
type set forth in section 2941.141 of the Revised Code, a period 253
of one year; 254
(ii) If the child would be guilty of a specification of 256
the type set forth in section 2941.144, 2941.145, or 2941.146 of 257
the Revised Code, a period of three years. 258
(b) The court shall not commit a child to the legal 261
custody of the department of youth services pursuant to division 262
(A)(7)(a) of this section for a period of time that exceeds three 263
years. The period of commitment imposed pursuant to division 264
(A)(7)(a) of this section shall be in addition to, and shall be 265
served consecutively with and prior to, a period of commitment 266
ordered pursuant to division (A)(4), (5), or (6) of this section, 267
provided that the total of all the periods of commitment shall 268
not exceed the child's attainment of twenty-one years of age. 269
(8)(a) Impose a fine and costs in accordance with the 272
schedule set forth in section 2151.3512 of the Revised Code;
(b) Require the child to make restitution for all or part 274
of the property damage caused by the child's delinquent act and 275
for all or part of the value of the property that was the subject 276
of any delinquent act the child committed that would be a theft 277
offense, as defined in division (K) of section 2913.01 of the 278
Revised Code, if committed by an adult. If the court determines 279
that the victim of the child's delinquent act was sixty-five 280
years of age or older or permanently and totally disabled at the 281
time of the commission of the act, the court, regardless of 282
whether or not the child knew the age of the victim, shall 283
consider that fact in favor of imposing restitution, but that 284
fact shall not control the decision of the court. The 285
restitution may be in the form of a cash reimbursement paid in a 286
lump sum or in installments, the performance of repair work to 287
restore any damaged property to its original condition, the 288
performance of a reasonable amount of labor for the victim, the 289
8
performance of community service or community work, any other 290
form of restitution devised by the court, or any combination of 291
the previously described forms of restitution. 292
(9) Subject to division (D) of this section, suspend or 295
revoke the driver's license or temporary instruction permit 296
issued to the child or suspend or revoke the registration of all 297
motor vehicles registered in the name of the child; 298
(10) If the child is adjudicated a delinquent child for 300
committing an act that, if committed by an adult, would be a 302
criminal offense that would qualify the adult as an eligible
offender pursuant to division (A)(3) of section 2929.23 of the 303
Revised Code, impose a period of electronically monitored house 304
detention in accordance with division (I) of this section that 306
does not exceed the maximum sentence of imprisonment that could 307
be imposed upon an adult who commits the same act; 308
(11) Commit the child to the temporary or permanent 310
custody of the court;
(12) Make any further disposition that the court finds 312
proper, except that the child shall not be placed in any state 313
correctional institution, county, multicounty, or municipal jail 314
or workhouse, or any other place in which an adult convicted of a 315
crime, under arrest, or charged with a crime is held. 316
(B)(1) If a child is adjudicated a delinquent child for 319
violating section 2923.32 of the Revised Code, the court, in 320
addition to any order of disposition it makes for the child under 321
division (A) of this section, shall enter an order of criminal 322
forfeiture against the child, in accordance with divisions 323
(B)(3), (4), (5), and (6) and (C) to (F) of section 2923.32 of 324
the Revised Code.
(2) If a child is adjudicated a delinquent child for 327
committing two or more acts that would be felonies if committed
by an adult and if the court entering the delinquent child 328
adjudication orders the commitment of the child, for two or more 329
of those acts, to the legal custody of the department of youth 330
9
services for institutionalization or institutionalization in a 331
secure facility pursuant to division (A)(4), (5), or (6) of this 332
section, the court may order that all of the periods of 333
commitment imposed under those divisions for those acts be served 335
consecutively in the legal custody of the department of youth 336
services and, if applicable, be in addition to and commence 337
immediately following the expiration of a period of commitment 338
that the court imposes pursuant to division (A)(7) of this 339
section. A court shall not commit a delinquent child to the 340
legal custody of the department of youth services under division 341
(B)(2) of this section for a period that exceeds the child's 342
attainment of twenty-one years of age.
(C) If a child is adjudicated a delinquent child for 344
committing an act that, if committed by an adult, would be a drug 346
abuse offense, as defined in section 2925.01 of the Revised Code, 347
or for violating division (B) of section 2917.11 of the Revised 348
Code, in addition to imposing in its discretion any other order 349
of disposition authorized by this section, the court shall do 350
both of the following:
(1) Require the child to participate in a drug abuse or 352
alcohol abuse counseling program; 353
(2) Suspend or revoke the temporary instruction permit or 355
probationary operator's license issued to the child until the 356
child attains eighteen years of age or attends, at the discretion 358
of the court, and satisfactorily completes, a drug abuse or 359
alcohol abuse education, intervention, or treatment program 360
specified by the court. During the time the child is attending 361
the program, the court shall retain any temporary instruction 362
permit or probationary license issued to the child, and the court
shall return the permit or license when the child satisfactorily 363
completes the program. 364
(D) If a child is adjudicated a delinquent child for 367
violating section 2923.122 of the Revised Code, the court, in
addition to any order of disposition it makes for the child under 369
10
division (A), (B), or (C) of this section, shall revoke the 371
temporary instruction permit and deny the child the issuance of 372
another temporary instruction permit in accordance with division 373
(E)(1)(b) of section 2923.122 of the Revised Code or shall
suspend the probationary driver's license, restricted license, or 376
nonresident operating privilege of the child or deny the child 377
the issuance of a probationary driver's license, restricted 378
license, or temporary instruction permit in accordance with 379
division (E)(1)(a), (c), (d), or (e) of section 2923.122 of the 380
Revised Code.
(E)(1) At the dispositional hearing and prior to making 382
any disposition pursuant to division (A) of this section, the 383
court shall determine whether a victim of the delinquent act 384
committed by the child was five years of age or younger at the 385
time the delinquent act was committed, whether a victim of the 386
delinquent act sustained physical harm to the victim's person 387
during the commission of or otherwise as a result of the 388
delinquent act, whether a victim of the delinquent act was 389
sixty-five years of age or older or permanently and totally 390
disabled at the time the delinquent act was committed, and 391
whether the delinquent act would have been an offense of violence 392
if committed by an adult. If the victim was five years of age or 393
younger at the time the delinquent act was committed, sustained 394
physical harm to the victim's person during the commission of or
otherwise as a result of the delinquent act, or was sixty-five 395
years of age or older or permanently and totally disabled at the 397
time the act was committed, regardless of whether the child knew 398
the age of the victim, and if the act would have been an offense 399
of violence if committed by an adult, the court shall consider 400
those facts in favor of imposing commitment under division 401
(A)(3), (4), (5), or (6) of this section, but those facts shall 402
not control the court's decision.
(2) At the dispositional hearing and prior to making any 404
disposition pursuant to division (A)(4), (5), or (6) of this 405
11
section, the court shall determine whether the delinquent child 406
previously has been adjudicated a delinquent child for a 407
violation of a law or ordinance. If the delinquent child 408
previously has been adjudicated a delinquent child for a 409
violation of a law or ordinance, the court, for purposes of
entering an order of disposition for the delinquent child under 410
this section, shall consider the previous delinquent child 412
adjudication as a conviction of a violation of the law or 413
ordinance in determining the degree of offense the current
delinquent act would be had it been committed by an adult. 414
(F)(1) When a juvenile court commits a delinquent child to 416
the custody of the department of youth services pursuant to this 417
section, the court shall not designate the specific institution 418
in which the department is to place the child but instead shall 420
specify that the child is to be institutionalized or that the 421
institutionalization is to be in a secure facility if that is
required by division (A) of this section. 422
(2) When a juvenile court commits a delinquent child to 424
the custody of the department of youth services, the court shall 425
provide the department with the child's social history, the 426
child's medical records, a copy of the report of any mental 427
examination of the child ordered by the court, the section or 428
sections of the Revised Code violated by the child and the degree 429
of the violation, the warrant to convey the child to the 430
department, and a copy of the court's journal entry ordering the 431
commitment of the child to the legal custody of the department. 432
THE COURT ALSO SHALL COMPLETE THE FORM FOR THE STANDARD 434
PREDISPOSITION INVESTIGATION REPORT THAT IS PREPARED AND 435
FURNISHED BY THE DEPARTMENT OF YOUTH SERVICES PURSUANT TO SECTION 436
5139.04 OF THE REVISED CODE AND PROVIDE THE DEPARTMENT WITH THE
COMPLETED FORM. The department may refuse to accept physical 439
custody of a delinquent child who is committed to the legal 440
custody of the department until the court provides to the 441
department the documents specified in division (F)(2) of this 442
12
section. No officer or employee of the department who refuses to 444
accept physical custody of a delinquent child who is committed to 446
the legal custody of the department shall be subject to
prosecution or contempt of court for the refusal if the court 447
fails to provide the documents specified in division (F)(2) of 449
this section at the time the court transfers the physical custody 450
of the child to the department. 451
(3) Within five working days after the juvenile court 453
commits a delinquent child to the custody of the department of 454
youth services, the court shall provide the department with a 455
copy of the arrest record pertaining to the act for which the 456
child was adjudicated a delinquent child, a copy of any victim 457
impact statement pertaining to that act, and any other 458
information concerning the child that the department reasonably 459
requests. Within twenty working days after the department of 460
youth services receives physical custody of a delinquent child 461
from a juvenile court, the court shall provide the department 462
with a certified copy of the child's birth certificate or the 464
child's social security number, or, if the court made all
reasonable efforts to obtain the information but was 465
unsuccessful, the court shall provide the department with 466
documentation of the efforts it made to obtain the information. 467
(4) When a juvenile court commits a delinquent child to 469
the custody of the department of youth services, the court shall 470
give notice to the school attended by the child of the child's 471
commitment by sending to that school a copy of the court's 472
journal entry ordering the commitment. As soon as possible after 473
receipt of the notice described in this division, the school 474
shall provide the department with the child's school transcript. 475
However, the department shall not refuse to accept a child 476
committed to it, and a child committed to it shall not be held in 477
a county or district detention home, because of a school's 478
failure to provide the school transcript that it is required to 479
provide under division (F)(4) of this section. 480
13
(5) The department of youth services shall provide the 482
court and the school with an updated copy of the child's school 483
transcript and shall provide the court with a summary of the 484
institutional record of the child when it releases the child from 485
institutional care. The department also shall provide the court 486
with a copy of any portion of the child's institutional record 487
that the court specifically requests within five working days of 488
the request.
(6) When a juvenile court commits a delinquent child to 490
the custody of the department of youth services pursuant to 491
division (A)(4) or (5) of this section, the court shall state in 492
the order of commitment the total number of days that the child 493
has been held, as of the date of the issuance of the order, in 494
detention in connection with the delinquent child complaint upon 495
which the order of commitment is based. The department shall 497
reduce the minimum period of institutionalization or minimum 498
period of institutionalization in a secure facility specified in 499
division (A)(4) or (5) of this section by both the total number 500
of days that the child has been so held in detention as stated by 501
the court in the order of commitment and the total number of any 502
additional days that the child has been held in detention 503
subsequent to the order of commitment but prior to the transfer 504
of physical custody of the child to the department.
(G)(1) At any hearing at which a child is adjudicated a 507
delinquent child or as soon as possible after the hearing, the
court shall notify all victims of the delinquent act, who may be 508
entitled to a recovery under any of the following sections, of 509
the right of the victims to recover, pursuant to section 3109.09 510
of the Revised Code, compensatory damages from the child's 511
parents; of the right of the victims to recover, pursuant to 512
section 3109.10 of the Revised Code, compensatory damages from 513
the child's parents for willful and malicious assaults committed 514
by the child; and of the right of the victims to recover an award 515
of reparations pursuant to sections 2743.51 to 2743.72 of the 516
14
Revised Code. 517
(2) If a child is adjudicated a delinquent child for 520
committing an act that, if committed by an adult, would be 521
aggravated murder, murder, rape, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, 522
involuntary manslaughter, a felony of the first or second degree 524
resulting in the death of or physical harm to a person, 525
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 526
or was substantially equivalent to any of those offenses and if 527
the court in its order of disposition for that act commits the 528
child to the custody of the department of youth services, the 529
court may make a specific finding that the adjudication should be 530
considered a conviction for purposes of a determination in the 531
future, pursuant to Chapter 2929. of the Revised Code, as to 532
whether the child is a repeat violent offender as defined in 533
section 2929.01 of the Revised Code. If the court makes a 534
specific finding as described in this division, it shall include 535
the specific finding in its order of disposition and in the 536
record in the case.
(H)(1) If a child is adjudicated a delinquent child for 538
committing an act that would be a felony if committed by an adult 540
and if the child caused, attempted to cause, threatened to cause, 541
or created the risk of physical harm to the victim of the act, 542
the court, prior to issuing an order of disposition under this 543
section, shall order the preparation of a victim impact statement 544
by the probation department of the county in which the victim of 545
the act resides, by the court's own probation department, or by a 546
victim assistance program that is operated by the state, a 547
county, a municipal corporation, or another governmental entity. 548
The court shall consider the victim impact statement in 549
determining the order of disposition to issue for the child. 550
(2) Each victim impact statement shall identify the victim 552
of the act for which the child was adjudicated a delinquent 553
15
child, itemize any economic loss suffered by the victim as a 554
result of the act, identify any physical injury suffered by the 555
victim as a result of the act and the seriousness and permanence 556
of the injury, identify any change in the victim's personal 557
welfare or familial relationships as a result of the act and any 558
psychological impact experienced by the victim or the victim's 559
family as a result of the act, and contain any other information 560
related to the impact of the act upon the victim that the court 561
requires. 562
(3) A victim impact statement shall be kept confidential 564
and is not a public record, as defined in section 149.43 of the 565
Revised Code. However, the court may furnish copies of the 566
statement to the department of youth services pursuant to 567
division (F)(3) of this section or to both the adjudicated 568
delinquent child or the adjudicated delinquent child's counsel 569
and the prosecuting attorney. The copy of a victim impact 571
statement furnished by the court to the department pursuant to 572
division (F)(3) of this section shall be kept confidential and is 573
not a public record, as defined in section 149.43 of the Revised 574
Code. The copies of a victim impact statement that are made 575
available to the adjudicated delinquent child or the adjudicated 576
delinquent child's counsel and the prosecuting attorney pursuant 578
to division (H)(3) of this section shall be returned to the court 581
by the person to whom they were made available immediately 582
following the imposition of an order of disposition for the child 583
under this section.
(I)(1) As used in this division, "felony drug abuse 585
offense" has the same meaning as in section 2925.01 of the 586
Revised Code. 587
(2) Sections 2925.41 to 2925.45 of the Revised Code apply 589
to children who are adjudicated or could be adjudicated by a 590
juvenile court to be delinquent children for an act that, if 591
committed by an adult, would be a felony drug abuse offense. 592
Subject to division (B) of section 2925.42 and division (E) of 593
16
section 2925.43 of the Revised Code, a delinquent child of that 594
nature loses any right to the possession of, and forfeits to the 595
state any right, title, and interest that the delinquent child 596
may have in, property as defined in section 2925.41 and further 598
described in section 2925.42 or 2925.43 of the Revised Code. 599
(J)(1) As used in this section: 601
(a) "Electronic monitoring device," "certified electronic 603
monitoring device," "electronic monitoring system," and 604
"certified electronic monitoring system" have the same meanings 605
as in section 2929.23 of the Revised Code. 606
(b) "Electronically monitored house detention" means a 608
period of confinement of a child in the child's home or in other 609
premises specified by the court, during which period of 611
confinement all of the following apply: 612
(i) The child wears, otherwise has attached to the child's 614
person, or otherwise is subject to monitoring by a certified 615
electronic monitoring device or is subject to monitoring by a 616
certified electronic monitoring system. 617
(ii) The child is required to remain in the child's home 619
or other premises specified by the court for the specified period 620
of confinement, except for periods of time during which the child 621
is at school or at other premises as authorized by the court. 622
(iii) The child is subject to monitoring by a central 624
system that monitors the certified electronic monitoring device 625
that is attached to the child's person or that otherwise is being 626
used to monitor the child and that can monitor and determine the 628
child's location at any time or at a designated point in time, or 629
the child is required to participate in monitoring by a certified 631
electronic monitoring system. 632
(iv) The child is required by the court to report 634
periodically to a person designated by the court. 635
(v) The child is subject to any other restrictions and 637
requirements that may be imposed by the court. 638
(2) A juvenile court, pursuant to division (A)(10) of this 640
17
section, may impose a period of electronically monitored house 641
detention upon a child who is adjudicated a delinquent child for 642
committing an act that, if committed by an adult, would be a 643
criminal offense that would qualify the adult as an eligible 644
offender pursuant to division (A)(3) of section 2929.23 of the 645
Revised Code. The court may impose a period of electronically 646
monitored house detention in addition to or in lieu of any other 647
dispositional order imposed upon the child, except that any 648
period of electronically monitored house detention shall not 649
extend beyond the child's eighteenth birthday. If a court 650
imposes a period of electronically monitored house detention upon 651
a child, it shall require the child to wear, otherwise have 652
attached to the child's person, or otherwise be subject to 653
monitoring by a certified electronic monitoring device or to 655
participate in the operation of and monitoring by a certified 656
electronic monitoring system; to remain in the child's home or 657
other specified premises for the entire period of electronically 659
monitored house detention except when the court permits the child 660
to leave those premises to go to school or to other specified 661
premises; to be monitored by a central system that monitors the 662
certified electronic monitoring device that is attached to the 663
child's person or that otherwise is being used to monitor the 664
child and that can monitor and determine the child's location at 665
any time or at a designated point in time or to be monitored by 666
the certified electronic monitoring system; to report 667
periodically to a person designated by the court; and, in return 668
for receiving a dispositional order of electronically monitored 669
house detention, to enter into a written contract with the court 670
agreeing to comply with all restrictions and requirements imposed 671
by the court, agreeing to pay any fee imposed by the court for 672
the costs of the electronically monitored house detention imposed 673
by the court pursuant to division (E) of section 2929.23 of the 674
Revised Code, and agreeing to waive the right to receive credit 675
for any time served on electronically monitored house detention 676
18
toward the period of any other dispositional order imposed upon 677
the child for the act for which the dispositional order of 678
electronically monitored house detention was imposed if the child 679
violates any of the restrictions or requirements of the 680
dispositional order of electronically monitored house detention. 681
The court also may impose other reasonable restrictions and 682
requirements upon the child.
(3) If a child violates any of the restrictions or 684
requirements imposed upon the child as part of the child's 685
dispositional order of electronically monitored house detention, 686
the child shall not receive credit for any time served on 687
electronically monitored house detention toward any other 688
dispositional order imposed upon the child for the act for which 689
the dispositional order of electronically monitored house 691
detention was imposed.
(K) Within ten days after completion of the adjudication, 693
the court shall give written notice of an adjudication that a 694
child is a delinquent child to the superintendent of a city, 695
local, exempted village, or joint vocational school district if 696
the basis of the adjudication was the commission of an act that 697
would be a criminal offense if committed by an adult and that was 698
committed by the delinquent child when the child was sixteen 699
years of age or older and if the act is any of the following: 700
(1) A violation of section 2923.122 of the Revised Code 702
that relates to property owned or controlled by, or to an 703
activity held under the auspices of, the board of education of 704
that school district; 705
(2) A violation of section 2923.12 of the Revised Code or 707
of a substantially similar municipal ordinance that was committed 708
on property owned or controlled by, or at an activity held under 709
the auspices of, the board of education of that school district; 710
(3) A violation of division (A) of section 2925.03 or 712
2925.11 of the Revised Code that was committed on property owned 713
or controlled by, or at an activity held under the auspices of, 714
19
the board of education of that school district and that is not a 715
minor drug possession offense as defined in section 2925.01 of 716
the Revised Code;
(4) A violation of section 2903.01, 2903.02, 2903.03, 718
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised 720
Code, or a violation of former section 2907.12 of the Revised
Code, that was committed on property owned or controlled by, or 721
at an activity held under the auspices of, the board of education 722
of that school district, if the victim at the time of the 724
commission of the act was an employee of the board of education 725
of that school district;
(5) Complicity in any violation described in division 727
(K)(1), (2), (3), or (4) of this section that was alleged to have 729
been committed in the manner described in division (K)(1), (2), 730
(3), or (4) of this section, regardless of whether the act of 732
complicity was committed on property owned or controlled by, or 733
at an activity held under the auspices of, the board of education 734
of that school district. 735
(L) During the period of a delinquent child's probation 737
granted under division (A)(2) of this section, authorized 740
probation officers who are engaged within the scope of their 741
supervisory duties or responsibilities may search, with or 742
without a warrant, the person of the delinquent child, the place
of residence of the delinquent child, and a motor vehicle, 743
another item of tangible or intangible personal property, or 744
other real property in which the delinquent child has a right, 745
title, or interest or for which the delinquent child has the 746
express or implied permission of a person with a right, title, or 747
interest to use, occupy, or possess if the probation officers 748
have reasonable grounds to believe that the delinquent child is 749
not abiding by the law or otherwise is not complying with the 750
conditions of the delinquent child's probation. The court that 751
places a delinquent child on probation under division (A)(2) of 752
this section shall provide the delinquent child with a written 753
20
notice that informs the delinquent child that authorized 754
probation officers who are engaged within the scope of their 755
supervisory duties or responsibilities may conduct those types of 757
searches during the period of probation if they have reasonable
grounds to believe that the delinquent child is not abiding by 758
the law or otherwise is not complying with the conditions of the 759
delinquent child's probation. The court also shall provide the 760
written notice described in division (C)(2)(b) of section 761
2151.411 of the Revised Code to each parent, guardian, or
custodian of the delinquent child who is described in division 762
(C)(2)(a) of that section. 763
Sec. 2151.38. (A) When a child is committed to the legal 772
custody of the department of youth services, the jurisdiction of 773
the juvenile court with respect to the child so committed shall 774
cease and terminate at the time of commitment, except as provided 775
in divisions (B) and (C) of this section and except that, if the 776
department of youth services makes a motion to the court for the 777
termination of permanent custody, the court upon the motion, 778
after notice and hearing and for good cause shown, may terminate 779
permanent custody at any time prior to the child's attainment of 780
eighteen years of age. The court shall make disposition of the 782
matter in whatever manner will serve the best interests of the 783
child. Subject to divisions (B) and (C) of this section, 784
sections 2151.353 and 2151.411 to 2151.421 of the Revised Code, 785
and any other provision of law that specifies a different 787
duration for a dispositional order, all other dispositional 788
orders made by the court shall be temporary and shall continue 789
for a period that is designated by the court in its order, until 790
terminated or modified by the court or until the child attains 791
twenty-one years of age.
(B)(1)(a) If a child is committed to the department of 793
youth services pursuant to division (A)(4) or (5) of section 794
2151.355 of the Revised Code, except as provided in division 795
(B)(1)(b) and (c) of this section and in section 5139.38 of the 797
21
Revised Code,. THE RELEASE AUTHORITY OF the department shall not 799
release the child from institutional care or institutional care 800
in a secure facility and as a result shall not discharge the 801
child, OR order the child's release on parole, or assign the 803
child to a family home, group care facility, or other place for 804
treatment or rehabilitation, SUPERVISED RELEASE prior to the 805
expiration of the prescribed minimum period of 807
institutionalization or institutionalization in a secure 808
facility, unless the department, the child, or the child's parent 810
requests an early release from institutional care or 811
institutional care in a secure facility from the court that 812
committed the child and the court approves the early release in a 813
journal entry, or unless the court on its own motion grants an 814
early release. A request for early release by the department, 815
the child, or the child's parent shall be made only in accordance 816
with division (B)(2) of this section. 817
If a child is committed to the department of youth services 820
pursuant to division (A)(6) of section 2151.355 of the Revised 821
Code, except as provided in division (B)(1)(b) and (c) of this 822
section and in section 5139.38 of the Revised Code, the 824
department shall not release the child from institutional care in 825
a secure facility, and as a result shall not discharge the child, 826
order the child's release on parole, or assign the child to a 828
family home, group care facility, or other place for treatment or 829
rehabilitation, prior to the child's attainment of twenty-one 830
years of age, unless the department, the child, or the child's 832
parent requests an early release from institutional care in a 833
secure facility from the court that committed the child and the 834
court approves the early release in a journal entry, or unless 835
the court on its own motion grants an early release. A request 836
for early release by the department, the child, or the child's 837
parent shall be made only in accordance with division (B)(2) of 838
this section.
(b) If a child is committed to the department of youth 841
22
services pursuant to division (A)(7) of section 2151.355 of the 842
Revised Code, the department shall not release the child from 844
institutional care in a secure facility, and as a result shall 845
not discharge the child, order the child's release on parole, or 847
assign the child to a family home, group care facility, or other
place for treatment or rehabilitation, prior to the expiration of 849
the period of commitment required to be imposed by that division 851
and prior to the expiration of the prescribed minimum period of 852
institutionalization or institutionalization in a secure facility 853
under division (A)(4) or (5) of that section if either of those 855
divisions applies or prior to the child's attainment of
twenty-one years of age if division (A)(6) of that section 856
applies, unless the department, the child, or the child's parent 857
requests an early release from institutional care or 858
institutional care in a secure facility from the court that 859
committed the child, and the court approves the early release in 860
a journal entry, or unless the court on its own motion grants an 861
early release. The department, the child, or the child's parent 862
shall make a request for early release only in accordance with 863
division (B)(2) of this section.
(c) If a child is adjudicated a delinquent child for 866
committing two or more acts that would be felonies if committed
by an adult, if the court entering the delinquent child 867
adjudication ordered the commitment of the child to the legal 868
custody of the department of youth services for 869
institutionalization or institutionalization in a secure facility
pursuant to division (A)(4), (5), or (6) of section 2151.355 of 871
the Revised Code, and if pursuant to division (B)(2) of that 873
section the court ordered the periods of commitment imposed under 874
division (A)(4), (5), or (6) of that section for each of those 876
delinquent acts to be served consecutively in the legal custody
of the department, the department shall not release the child 878
from institutional care or institutional care in a secure 879
facility, and as a result shall not discharge the child, order 881
23
the child's release on parole, or assign the child to a family 882
home, group care facility, or other place for treatment or 883
rehabilitation, prior to the expiration of any period of 884
commitment imposed under division (A)(7) of that section and 885
prior to the earlier of the expiration of the prescribed minimum 886
periods or prescribed periods of institutionalization or 887
institutionalization in a secure facility imposed under division 888
(A)(4), (5), or (6) of that section for each of those delinquent 889
acts or the child's attainment of twenty-one years of age, unless 890
the department, the child, or the child's parent requests an 891
early release from institutional care or institutional care in a 892
secure facility from the court that committed the child, and the
court approves the early release in a journal entry, or unless 893
the court on its own motion grants an early release. The 894
department, the child, or the child's parent shall make a request 895
for early release only in accordance with division (B)(2) of this 896
section.
(2)(a) If OR PRIOR TO THE CHILD'S ATTAINMENT OF TWENTY-ONE 899
YEARS OF AGE, EXCEPT UPON THE ORDER OF A COURT PURSUANT TO 901
DIVISION (B) OR (C) OF THIS SECTION OR IN ACCORDANCE WITH SECTION 904
5139.54 OF THE REVISED CODE. 906
(B)(1) IF THE DEPARTMENT OF YOUTH SERVICES DESIRES TO 908
RELEASE A CHILD DURING THE FIRST HALF OF THE PRESCRIBED MINIMUM 909
TERM FOR THE MOST SERIOUS ACT FOR WHICH THE CHILD WAS COMMITTED 911
TO THE DEPARTMENT OR, IF THE CHILD WAS COMMITTED TO THE 912
DEPARTMENT UNTIL THE CHILD ATTAINS TWENTY-ONE YEARS OF AGE,
DURING THE FIRST HALF OF THE PRESCRIBED PERIOD OF COMMITMENT THAT 914
BEGINS ON THE FIRST DAY OF COMMITMENT AND ENDS ON THE CHILD'S
TWENTY-FIRST BIRTHDAY, IT SHALL REQUEST THE COURT THAT COMMITTED 916
THE CHILD TO THE DEPARTMENT FOR A JUDICIAL RELEASE OF THE CHILD 917
FROM INSTITUTIONAL CARE OR INSTITUTIONAL CARE IN A SECURE 918
FACILITY. DURING THE FIRST HALF OF THAT PRESCRIBED MINIMUM TERM 919
OR OF THAT PRESCRIBED PERIOD OF COMMITMENT, WHICHEVER OF THOSE 920
PERIODS IS APPLICABLE, THE CHILD OR THE PARENTS OF THE CHILD ALSO 921
24
MAY REQUEST THAT COURT TO GRANT A JUDICIAL RELEASE OF THE CHILD 922
FROM INSTITUTIONAL CARE OR INSTITUTIONAL CARE IN A SECURE
FACILITY. UPON RECEIPT OF A REQUEST FOR A JUDICIAL RELEASE FROM 923
THE DEPARTMENT, THE CHILD, OR THE CHILD'S PARENT OR UPON ITS OWN 924
MOTION, THE COURT THAT COMMITTED THE CHILD SHALL APPROVE THE 925
JUDICIAL RELEASE FROM INSTITUTIONAL CARE OR INSTITUTIONAL CARE IN 927
A SECURE FACILITY BY JOURNAL ENTRY, SHALL SCHEDULE WITHIN TWENTY 928
DAYS AFTER THE REQUEST IS RECEIVED A TIME FOR A HEARING ON
WHETHER THE CHILD IS TO BE RELEASED, OR SHALL REJECT THE REQUEST 930
BY JOURNAL ENTRY WITHOUT CONDUCTING A HEARING. IF THE COURT 931
REJECTS AN INITIAL REQUEST FOR A JUDICIAL RELEASE BY THE CHILD OR 932
THE CHILD'S PARENT, THE CHILD OR THE CHILD'S PARENT MAY MAKE ONE 934
ADDITIONAL REQUEST FOR A JUDICIAL RELEASE WITHIN THE FIRST HALF 935
OF THE APPLICABLE PRESCRIBED MINIMUM TERM OR PRESCRIBED PERIOD OF
COMMITMENT. THE CHILD OR THE CHILD'S PARENT MAY MAKE THE 936
ADDITIONAL REQUEST NO EARLIER THAN THIRTY DAYS AFTER THE FILING 937
OF THE PRIOR REQUEST FOR A JUDICIAL RELEASE. UPON THE FILING BY 938
THE CHILD OR THE CHILD'S PARENT OF A SECOND REQUEST FOR A 940
JUDICIAL RELEASE, THE COURT SHALL EITHER APPROVE OR DISAPPROVE
THE JUDICIAL RELEASE BY JOURNAL ENTRY OR SCHEDULE WITHIN TWENTY 943
DAYS AFTER THE REQUEST IS RECEIVED A TIME FOR A HEARING ON
WHETHER THE CHILD IS TO BE RELEASED. 944
(2) IF A COURT SCHEDULES A HEARING TO DETERMINE WHETHER A 946
CHILD SHOULD BE GRANTED A JUDICIAL RELEASE UNDER DIVISION (B)(1) 948
OF THIS SECTION, IT MAY ORDER THE DEPARTMENT TO DELIVER THE CHILD 949
TO THE COURT ON THE DATE SET FOR THE HEARING AND MAY ORDER THE 950
DEPARTMENT TO PRESENT TO THE COURT A REPORT ON THE CHILD'S 951
PROGRESS IN THE INSTITUTION TO WHICH THE CHILD WAS COMMITTED AND 952
RECOMMENDATIONS FOR TERMS AND CONDITIONS OF SUPERVISION OF THE 953
CHILD BY THE COURT AFTER RELEASE. THE COURT MAY CONDUCT THE 954
HEARING WITHOUT THE CHILD BEING PRESENT. THE COURT SHALL 955
DETERMINE AT THE HEARING WHETHER THE CHILD SHOULD BE GRANTED A 956
JUDICIAL RELEASE FROM INSTITUTIONALIZATION OR
INSTITUTIONALIZATION IN A SECURE FACILITY. IF THE COURT APPROVES 958
25
THE JUDICIAL RELEASE, THE COURT SHALL ORDER ITS STAFF TO PREPARE 959
A WRITTEN TREATMENT AND REHABILITATION PLAN FOR THE CHILD THAT 960
INCLUDES ANY TERMS AND CONDITIONS OF THE CHILD'S RELEASE 961
RECOMMENDED BY THE DEPARTMENT. THE COMMITTING COURT SHALL SEND
THE JUVENILE COURT OF THE COUNTY IN WHICH THE CHILD IS PLACED A 962
COPY OF THE RECOMMENDED PLAN AND THE TERMS AND CONDITIONS SET BY 963
THE COMMITTING COURT. THE COURT OF THE COUNTY IN WHICH THE CHILD 965
IS PLACED MAY ADOPT THE RECOMMENDED TERMS AND CONDITIONS SET BY 966
THE COMMITTING COURT AS AN ORDER OF THE COURT AND MAY ADD ANY 967
OTHER CONSISTENT TERMS AND CONDITIONS IT CONSIDERS APPROPRIATE. 968
(C)(1) IF A CHILD IS COMMITTED TO THE DEPARTMENT OF YOUTH 970
SERVICES AND HAS BEEN IN INSTITUTIONAL CARE OR INSTITUTIONAL CARE 971
IN A SECURE FACILITY FOR MORE THAN ONE-HALF OF THE PRESCRIBED 972
MINIMUM TERM FOR THE MOST SERIOUS ACT FOR WHICH THE CHILD WAS 974
COMMITTED OR, IF THE CHILD WAS COMMITTED TO THE DEPARTMENT UNTIL
THE CHILD ATTAINS TWENTY-ONE YEARS OF AGE, FOR MORE THAN ONE-HALF 975
OF THE PRESCRIBED PERIOD OF COMMITMENT THAT BEGINS ON THE FIRST 977
DAY OF COMMITMENT AND ENDS ON THE CHILD'S TWENTY-FIRST BIRTHDAY, 978
IF THE PRESCRIBED MINIMUM PERIOD OF INSTITUTIONALIZATION OR OTHER 980
STATUTORILY REQUIRED PERIOD OF INSTITUTIONALIZATION HAS NOT 981
EXPIRED, AND IF the department of youth services desires to 982
release a THE child committed to it pursuant to division (A)(4) 984
or (5) of section 2151.355 of the Revised Code from institutional 985
care or institutional care in a secure facility prior to the 986
expiration of the prescribed minimum periods of 989
institutionalization, if it desires to release a child committed 990
to it pursuant to division (A)(6) of that section from 991
institutional care in a secure facility prior to the child's
attainment of twenty-one years of age, if it desires to release a 993
child committed to it pursuant to division (A)(7) of that section 994
from institutional care in a secure facility prior to the 995
expiration of the period of commitment required to be imposed by 996
that division and prior to the expiration of the prescribed 997
minimum period of institutionalization or institutionalization in 998
26
a secure facility under division (A)(4) or (5) of that section if 999
either of those divisions applies or prior to the child's 1,000
attainment of twenty-one years of age if division (A)(6) of that 1,001
section applies, or if it desires to release a child committed to 1,002
it under the circumstances described in division (B)(1)(c) of 1,004
this section prior to the expiration of the prescribed minimum 1,005
periods or prescribed periods of institutionalization or 1,007
institutionalization in a secure facility described in that 1,008
division, except as provided in section 5139.38 of the Revised 1,009
Code, it shall request the court that committed the child for an 1,010
early release from institutional care or institutional care in a 1,011
secure facility.
Upon receipt of a request for a child's early release filed 1,013
by the department under this section at any time or upon its own 1,014
motion at any time, the court that committed the child to the 1,015
department shall approve the early release from institutional 1,016
care or institutional care in a secure facility by journal entry, 1,017
shall schedule a time within thirty days for a hearing on whether 1,019
the child is to be released, or shall reject the request by 1,020
journal entry without conducting a hearing. 1,021
(b) If a child who has been committed to the department 1,023
pursuant to division (A)(4), (5), (6), or (7) of section 2151.355 1,024
of the Revised Code or the parents of a child so committed seek 1,025
the child's early release from institutional care or 1,027
institutional care in a secure facility as described in division 1,028
(B)(1)(a), (b), or (c) of this section DURING THE APPLICABLE 1,029
PERIOD BETWEEN THE EXPIRATION OF THE FIRST HALF OF THAT 1,030
PRESCRIBED MINIMUM TERM OR PRESCRIBED PERIOD OF COMMITMENT AND
THE EXPIRATION OF THE REQUIRED MINIMUM OR OTHER PERIOD OF 1,032
INSTITUTIONALIZATION OR INSTITUTIONALIZATION IN A SECURE 1,033
FACILITY, the child or the child's parent shall ALSO MAY request 1,034
the court that committed the child to grant an early release. No 1,035
request of that type initially may be made prior to the 1,036
expiration of thirty days from the day on which the child began 1,037
27
institutional care or institutional care in a secure facility. 1,039
Upon the filing RECEIPT of an initial A request for early release 1,041
FROM THE DEPARTMENT, THE CHILD, OR THE CHILD'S PARENT OR UPON ITS 1,042
OWN MOTION AT ANY TIME DURING THAT PERIOD, the court shall 1,043
approve the early release by journal entry, shall schedule a time 1,044
within thirty days AFTER RECEIPT OF THE REQUEST for a hearing on 1,045
whether the child is to be released, or shall reject the request 1,047
by journal entry without conducting a hearing. If THE COURT 1,048
REJECTS an initial request for early release is rejected BY THE 1,050
CHILD OR THE CHILD'S PARENTS, WITHIN THE PERIOD PRESCRIBED IN
DIVISION (C)(1) OF THIS SECTION, the child or the child's parent 1,052
may make one or more subsequent requests for early release but 1,053
may make no more than one request for early release during each 1,054
period of ninety days that the child is institutionalized or 1,055
institutionalized in a secure facility after the filing of a 1,056
prior request for early release. Upon the filing of any A 1,057
request for early release subsequent to an initial request, the 1,058
court shall either approve or disapprove the early release by 1,059
journal entry or schedule a time within thirty days AFTER RECEIPT 1,060
OF THE REQUEST A TIME for a hearing on whether the child is to be 1,061
released.
(c)(2) If a court schedules a hearing to determine whether 1,063
a child committed to the department should be granted an early 1,064
release, either upon receipt of a request filed by the department 1,065
under division (B)(2)(a) of this section or filed by the child or 1,066
the child's parent in accordance with the time periods prescribed 1,067
in division (B)(2)(b) of this section, or upon its own motion, it 1,068
may order the department to deliver the child to the court on the 1,069
date set for the hearing and shall order the department to 1,070
present to the court at that time a treatment plan for the 1,071
child's post-institutional care. The court may conduct the 1,072
hearing without the child being present. The court shall 1,073
determine at the hearing whether the child should be released 1,074
GRANTED AN EARLY RELEASE from institutionalization or 1,076
28
institutionalization in a secure facility. If the court approves 1,077
the early release, the department shall prepare a written 1,078
treatment and rehabilitation plan for the child pursuant to 1,079
division (D)(E) of this section that shall include the terms and 1,081
conditions of the child's release. It shall send the committing 1,082
court and the juvenile court of the county in which the child is 1,083
placed a copy of the plan and the terms and conditions that it 1,084
fixed. The court of the county in which the child is placed may 1,085
adopt the terms and conditions set by the department as an order 1,086
of the court and may add any additional consistent terms and 1,087
conditions it considers appropriate. If 1,088
(D) IF a child is released under this division (B) OR (C) 1,091
OF THIS SECTION and the court of the county in which the child is 1,092
placed has reason to believe that the child has CHILD'S 1,093
DEPORTMENT IS not deported self in accordance with any THE 1,095
post-release terms and conditions established by the court in its 1,097
journal entry, the court of the county in which the child is 1,098
placed shall schedule a time for a hearing on whether the child 1,099
violated any of the post-release terms and conditions. If the 1,100
THAT court of the county in which the child is placed determines 1,102
at the hearing that the child violated any of the post-release 1,103
terms and conditions established by the court in its journal 1,104
entry, the court, if it determines that the violation of the 1,105
terms and conditions was a serious violation, may order the child 1,106
to be returned to the department for institutionalization or 1,107
institutionalization in a secure facility, consistent with the
original order of commitment of the child, or in any case may 1,108
make any other disposition of the child authorized by law that 1,109
the court considers proper. If the court of the county in which 1,110
the child is placed orders the child to be returned to a 1,111
department of youth services institution, the time during which 1,112
the child was institutionalized or institutionalized in a secure 1,113
facility prior to the child's JUDICIAL RELEASE OR early release 1,115
shall be considered as time served in fulfilling the prescribed 1,116
29
minimum period or prescribed period of institutionalization or 1,117
institutionalization in a secure facility that is applicable to 1,119
the child under the child's original order of commitment. If the 1,120
court orders the child returned to a department of youth services 1,121
institution, the child shall remain in institutional care for a 1,122
minimum period of three months or until the child successfully 1,123
completes a specialized parole SUPERVISED RELEASE revocation 1,124
program of a duration of not less than thirty days operated 1,126
either by the department or by an entity with whom the department 1,127
has contracted to provide a specialized parole SUPERVISED RELEASE 1,128
revocation program. 1,129
(C) If a child is committed to the department of youth 1,131
services pursuant to division (A)(4) or (5) of section 2151.355 1,132
of the Revised Code and the child has been institutionalized or 1,133
institutionalized in a secure facility for the prescribed minimum 1,135
periods of time under those divisions, the department, without 1,136
approval of the court that committed the child, may release the 1,137
child from institutional care or discharge the child. If the 1,138
department releases the child from institutional care and then 1,139
orders the child's release on parole or assigns the child to a 1,140
family home, group care facility, or other place for treatment or 1,142
rehabilitation, the department also shall prepare a written 1,143
treatment and rehabilitation plan for the child pursuant to 1,144
division (D) of this section that shall include the terms and 1,145
conditions of the child's release or assignment, and shall send 1,146
the committing court and the juvenile court of the county in 1,147
which the child is placed a copy of the plan and the terms and 1,148
conditions that it fixed. The court of the county in which the 1,149
child is placed may adopt the terms and conditions as an order of 1,150
the court and may add any additional consistent terms and 1,151
conditions it considers appropriate. The release, discharge, 1,152
release on parole, or assignment shall be in accordance with 1,153
division (C) of section 5139.06 of the Revised Code. Upon 1,154
notification of a pending release, discharge, release on parole, 1,155
30
or assignment in accordance with that division, the committing 1,156
court shall enter the notification in its journal. If a child is 1,157
released on parole or is assigned subject to specified terms and 1,158
conditions and the court of the county in which the child is 1,159
placed has reason to believe that the child has not deported self 1,161
in accordance with any post-release terms and conditions 1,162
established by the court in its journal entry, the court of the 1,163
county in which the child is placed, in its discretion, may 1,164
schedule a time for a hearing on whether the child violated any 1,165
of the post-release terms and conditions. If the court of the 1,166
county in which the child is placed conducts a hearing and 1,167
determines at the hearing that the child violated any of the 1,168
post-release terms and conditions established in its journal 1,169
entry, the court, if it determines that the violation of the 1,170
terms and conditions was a serious violation, may order the child 1,171
to be returned to the department of youth services for 1,172
institutionalization, or in any case may make any other 1,173
disposition of the child authorized by law that the court 1,174
considers proper. If the court of the county in which the child 1,175
is placed orders the child to be returned to a department of 1,176
youth services institution, the child shall remain 1,177
institutionalized for a minimum period of three months or until 1,178
the child successfully completes a specialized parole revocation 1,179
program of a duration of not less than thirty days operated 1,180
either by the department or by an entity with whom the department 1,181
has contracted to provide a specialized parole revocation 1,182
program. 1,183
(D)(E) The department of youth services, prior to the 1,185
release of a child pursuant to division (B) or (C) of this 1,186
section, shall do all of the following: 1,187
(1) After reviewing the child's rehabilitative progress 1,189
history and medical and educational records, prepare a written 1,190
treatment and rehabilitation plan for the child that shall 1,191
include terms and conditions of the release; 1,192
31
(2) Completely discuss the terms and conditions of the 1,194
plan prepared pursuant to division (D)(1)(E)(1) of this section 1,196
and the possible penalties for violation of the plan with the 1,197
child and the child's parents, guardian, or legal custodian; 1,198
(3) Have the plan prepared pursuant to division 1,200
(D)(1)(E)(1) of this section signed by the child, the child's 1,202
parents, legal guardian, or custodian, and any authority or 1,204
person that is to supervise, control, and provide supportive 1,205
assistance to the child at the time of the child's release 1,206
pursuant to division (B) or (C) of this section; 1,207
(4) File a copy of the treatment plan prepared pursuant to 1,209
division (D)(1)(E)(1) of this section, prior to the child's 1,210
release, with the committing court and the juvenile court of the 1,212
county in which the child is to be placed. 1,213
(E)(F) The department of youth services shall file a 1,215
written progress report with the committing court regarding each 1,216
child released pursuant to division (B) or (C) of this section, 1,217
at least once every thirty days unless specifically directed 1,218
otherwise by the court. The report shall indicate the treatment 1,219
and rehabilitative progress of the child and the child's family, 1,220
if applicable, and shall include any suggestions and 1,221
recommendations for alteration of the program, custody, living 1,222
arrangements, or treatment. The department shall retain legal 1,223
custody of a child so released until it discharges the child or 1,224
until the custody is terminated as otherwise provided by law. 1,225
Sec. 5139.01. (A) As used in this chapter: 1,234
(1) "Commitment" means the transfer of the physical 1,236
custody of a child or youth from the court to the department of 1,237
youth services. 1,238
(2) "Permanent commitment" means a commitment that vests 1,240
legal custody of a child in the department of youth services. 1,241
(3) "Legal custody," insofar as it pertains to the status 1,243
that is created when a child is permanently committed to the 1,244
department of youth services, means a legal status in which the 1,245
32
department has the following rights and responsibilities: the 1,246
right to have physical possession of the child; the right and 1,247
duty to train, protect, and control the child; the responsibility 1,249
to provide the child with food, clothing, shelter, education, and 1,251
medical care; and the right to determine where and with whom the 1,252
child shall live, subject to the minimum periods of, or periods 1,254
of, institutional care prescribed in section 2151.355 of the 1,256
Revised Code; provided, that these rights and responsibilities 1,257
are exercised subject to the powers, rights, duties, and 1,258
responsibilities of the guardian of the person of the child, and 1,259
subject to any residual parental rights and responsibilities. 1,260
(4) Unless the context requires a different meaning, 1,262
"institution" means a state facility that is created by the 1,263
general assembly and that is under the management and control of 1,264
the department of youth services or a private entity with which 1,265
the department has contracted for the institutional care and 1,266
custody of felony delinquents.
(5) "Full-time care" means care for twenty-four hours a 1,268
day for over a period of at least two consecutive weeks. 1,269
(6) "Placement" means the conditional release of a child 1,271
under the terms and conditions that are specified by the 1,272
department of youth services. The department shall retain legal 1,273
custody of a child released pursuant to division (B) of section 1,274
2151.38 of the Revised Code or division (C) of section 5139.06 of 1,275
the Revised Code until the time that it discharges the child or 1,276
until the legal custody is terminated as otherwise provided by 1,277
law. 1,278
(7) "Home placement" means the placement of a child in the 1,280
home of the child's parent or parents or in the home of the 1,281
guardian of the child's person. 1,283
(8) "Discharge" means that the department of youth 1,285
services' legal custody of a child is terminated. 1,286
(9) "Release" means the termination of a child's stay in 1,288
an institution. A child released pursuant to division (B) of 1,289
33
section 2151.38 or pursuant to division (C) of section 5139.06 of 1,290
the Revised Code shall be on parole until discharged pursuant to 1,291
division (C)(5) of section 5139.06 of the Revised Code or until 1,292
legal custody is terminated as otherwise provided by law AND THE 1,293
SUBSEQUENT PERIOD DURING WHICH THE CHILD RETURNS TO THE COMMUNITY 1,294
UNDER THE TERMS AND CONDITIONS OF SUPERVISED RELEASE. 1,295
(10) "Delinquent child" has the same meaning as in section 1,297
2151.02 of the Revised Code. 1,298
(11) "Felony delinquent" means any child who is at least 1,300
twelve years of age but less than eighteen years of age and who 1,301
is adjudicated a delinquent child for having committed an act 1,302
that if committed by an adult would be a felony. "Felony 1,303
delinquent" includes any adult who is between the ages of 1,304
eighteen and twenty-one and who is in the legal custody of the 1,305
department of youth services for having committed an act that if 1,306
committed by an adult would be a felony. 1,307
(12) "Juvenile traffic offender" has the same meaning as 1,309
in section 2151.021 of the Revised Code. 1,310
(13) "Public safety beds" INCLUDES A CHILD DESCRIBED IN 1,312
DIVISION (I) OF SECTION 5139.52 OF THE REVISED CODE AND ALSO 1,313
means all of the following:
(a) Felony delinquents who have been committed to the 1,315
department of youth services for the commission of an act, other 1,316
than a violation of section 2911.01 or 2911.11 of the Revised 1,317
Code, that is a category one offense or a category two offense 1,318
and who are in the care and custody of an institution or have 1,319
been diverted from care and custody in an institution and placed 1,320
in a community corrections facility; 1,321
(b) Felony delinquents who, while committed to the 1,323
department of youth services and in the care and custody of an 1,324
institution or a community corrections facility, are adjudicated 1,325
delinquent children for having committed in that institution or 1,326
community corrections facility an act that if committed by an 1,327
adult would be a felony or a misdemeanor;
34
(c) Children who satisfy all of the following: 1,329
(i) They are at least twelve years of age but less than 1,332
eighteen years of age.
(ii) They are adjudicated delinquent children for having 1,335
committed acts that if committed by an adult would be a felony. 1,336
(iii) They are committed to the department of youth 1,339
services by the juvenile court of a county that has had one-tenth 1,340
of one per cent or less of the statewide adjudications for felony 1,341
delinquents as averaged, through December 31, 1995, for the past
two fiscal years or as averaged, on and after January 1, 1996, 1,342
for the past four fiscal years. 1,343
(iv) They are in the care and custody of an institution or 1,345
a community corrections facility. 1,346
(d) Felony delinquents who, while committed to the 1,348
department of youth services and in the care and custody of an 1,349
institution, commit in that institution an act that if committed 1,350
by an adult would be a felony, who are serving administrative 1,351
time, as defined by rules of the department adopted pursuant to 1,352
division (E) of section 5139.04 of the Revised Code, for having
committed that act, and who have been institutionalized or 1,353
institutionalized in a secure facility for the minimum period of 1,354
time specified in division (A)(4) or (5) of section 2151.355 of 1,355
the Revised Code.
(e) Felony delinquents who are subject to and serving a 1,357
three-year period of commitment order imposed by a juvenile court 1,358
pursuant to division (A)(7) of section 2151.355 of the Revised 1,360
Code for an act, other than a violation of section 2911.11 of the 1,361
Revised Code, that would be a category one offense or category 1,362
two offense if committed by an adult.
(14) "State target youth" means twenty-five per cent of 1,364
the projected total number of felony delinquents for each year of 1,365
a biennium, factoring in revocations and recommitments. 1,366
(15) Unless the context requires a different meaning, 1,368
"community corrections facility" means a county or multicounty 1,369
35
rehabilitation center for felony delinquents who have been 1,370
committed to the department of youth services and diverted from 1,371
care and custody in an institution and placed in the 1,372
rehabilitation center pursuant to division (E) of section 5139.36 1,373
of the Revised Code. 1,374
(16) "Secure facility" means any facility that is designed 1,376
and operated to ensure that all of its entrances and exits are 1,377
under the exclusive control of its staff and to ensure that, 1,378
because of that exclusive control, no child who has been 1,379
institutionalized in the facility may leave the facility without
permission or supervision. 1,380
(17) "Community residential program" means a program that 1,382
satisfies both of the following: 1,383
(a) It is housed in a building or other structure that has 1,385
no associated major restraining construction, including, but not 1,386
limited to, a security fence. 1,387
(b) It provides twenty-four-hour care, supervision, and 1,389
programs for felony delinquents who are in residence. 1,390
(18) "Category one offense" and "category two offense" 1,392
have the same meanings is in section 2151.26 of the Revised Code. 1,393
(19) "REVOCATION" MEANS THE ACT OF REVOKING A CHILD'S 1,395
SUPERVISED RELEASE FOR A VIOLATION OF A TERM OR CONDITION OF THE 1,396
CHILD'S SUPERVISED RELEASE AND THE RETURN OF THE CHILD TO A 1,397
SECURE FACILITY OR A DESIGNATED SECURE OR NONSECURE RESIDENTIAL 1,398
PROGRAM, INCLUDING A COMMUNITY CORRECTIONS FACILITY. 1,399
(20) "RELEASE AUTHORITY" MEANS THE RELEASE AUTHORITY OF 1,402
THE DEPARTMENT OF YOUTH SERVICES THAT IS ESTABLISHED BY SECTION
5139.50 OF THE REVISED CODE. 1,404
(21) "SUPERVISED RELEASE" MEANS THE EVENT OF THE RELEASE 1,407
OF A CHILD FROM A SECURE FACILITY AND THE PERIOD AFTER THAT 1,408
RELEASE DURING WHICH THE CHILD IS SUPERVISED AND ASSISTED BY AN 1,409
EMPLOYEE OF THE DEPARTMENT OF YOUTH SERVICES UNDER SPECIFIC TERMS
AND CONDITIONS FOR REINTEGRATION OF THE CHILD INTO THE COMMUNITY. 1,410
(22) "VICTIM" MEANS THE PERSON IDENTIFIED IN A POLICE 1,413
36
REPORT, COMPLAINT, OR INFORMATION AS THE VICTIM OF AN ACT THAT 1,415
WOULD HAVE BEEN A CRIMINAL OFFENSE IF COMMITTED BY AN ADULT AND 1,416
THAT PROVIDED THE BASIS FOR ADJUDICATION PROCEEDINGS RESULTING IN 1,417
A CHILD'S COMMITMENT TO THE LEGAL CUSTODY OF THE DEPARTMENT OF 1,418
YOUTH SERVICES.
(23) "VICTIM'S REPRESENTATIVE" MEANS A MEMBER OF THE 1,420
VICTIM'S FAMILY OR ANOTHER PERSON WHOM THE VICTIM DESIGNATES TO 1,421
REPRESENT THE VICTIM WITH RESPECT TO PROCEEDINGS OF THE RELEASE 1,422
AUTHORITY OF THE DEPARTMENT OF YOUTH SERVICES. 1,423
(24) "MEMBER OF THE VICTIM'S FAMILY" MEANS A SPOUSE, 1,425
CHILD, STEPCHILD, SIBLING, PARENT, STEPPARENT, GRANDPARENT, OR 1,426
OTHER RELATIVE OF A CHILD BUT DOES NOT INCLUDE A PERSON CHARGED 1,427
WITH, CONVICTED OF, OR ADJUDICATED A DELINQUENT CHILD FOR A 1,428
CRIMINAL OR DELINQUENT ACT COMMITTED AGAINST THE VICTIM OR 1,429
ANOTHER CRIMINAL OR DELINQUENT ACT ARISING OUT OF THE SAME 1,431
CONDUCT, CRIMINAL OR DELINQUENT EPISODE, OR PLAN AS THE CRIMINAL 1,432
OR DELINQUENT ACT COMMITTED AGAINST THE VICTIM.
(B) There is hereby created the department of youth 1,434
services. The governor shall appoint the director of the 1,435
department with the advice and consent of the senate. The 1,436
director shall hold office during the term of the appointing 1,437
governor but subject to removal at the pleasure of the governor. 1,438
Except as otherwise authorized in section 108.05 of the Revised 1,439
Code, the director shall devote the director's entire time to the 1,441
duties of the director's office and shall hold no other office or 1,442
position of trust or profit during the director's term of office. 1,444
The director is the chief executive and administrative 1,446
officer of the department and has all the powers of a department 1,447
head set forth in Chapter 121. of the Revised Code. The director 1,449
may adopt rules for the government of the department, the conduct 1,450
of its officers and employees, the performance of its business, 1,451
and the custody, use, and preservation of the department's 1,452
records, papers, books, documents, and property. The director 1,453
shall be an appointing authority within the meaning of Chapter 1,454
37
124. of the Revised Code. Whenever this or any other chapter or 1,455
section of the Revised Code imposes a duty on or requires an 1,456
action of the department, the duty or action shall be performed 1,457
by the director or, upon the director's order, in the name of the 1,458
department. 1,459
Sec. 5139.04. The department of youth services shall do 1,468
all of the following: 1,469
(A) Support service districts through a central 1,471
administrative office that shall have as its administrative head 1,472
a deputy director who shall be appointed by the director of the 1,473
department. When a vacancy occurs in the office of that deputy 1,474
director, an assistant deputy director shall act as that deputy 1,476
director until the vacancy is filled. The position of deputy 1,477
director and assistant deputy director described in this division 1,478
shall be in the unclassified civil service of the state. 1,480
(B) Receive custody of all children committed to it under 1,482
Chapter 2151. of the Revised Code, cause a study to be made of 1,483
those children, and issue any orders, as it considers best suited 1,484
to the needs of any of those children and the interest of the 1,485
public, for the treatment of each of those children; 1,486
(C) Obtain personnel necessary for the performance of its 1,488
duties; 1,489
(D) Train or provide for training of probation and youth 1,491
correction workers; 1,492
(E) Adopt rules that regulate its organization and 1,495
operation, that implement sections 5139.41 to 5139.45 of the 1,496
Revised Code, that define administrative time for purposes of 1,497
division (A)(13)(d) of section 5139.01 of the Revised Code, and 1,499
that pertain to the administration of other sections of this 1,501
chapter;
(F) Submit reports of its operations to the governor and 1,503
the general assembly by the thirty-first day of January of each 1,504
odd-numbered year; 1,505
(G) Conduct a program of research in diagnosis, training, 1,507
38
and treatment of delinquent children to evaluate the 1,508
effectiveness of the department's services and to develop more 1,509
adequate methods; 1,510
(H) Receive reports from the juvenile courts under 1,512
division (C)(3)(b) of section 5139.43 of the Revised Code and 1,513
prepare an annual report of state juvenile court statistics and 1,514
information based upon those reports. The department shall make 1,515
available a copy of the annual report to the governor and members 1,516
of the general assembly upon request. 1,517
(I) DEVELOP A STANDARD FORM FOR THE PREDISPOSITION 1,519
INVESTIGATION REPORT THAT A JUVENILE COURT IS REQUIRED PURSUANT 1,520
TO SECTION 2151.355 OF THE REVISED CODE TO COMPLETE AND PROVIDE 1,521
TO THE DEPARTMENT WHEN THE COURT COMMITS A CHILD TO THE LEGAL 1,522
CUSTODY OF THE DEPARTMENT;
(J) Do all other acts necessary or desirable to carry out 1,524
this chapter. 1,525
Sec. 5139.05. (A) The juvenile court may commit any child 1,534
to the department of youth services permanently as authorized in 1,535
section 2151.355 of the Revised Code, provided that any child so 1,536
committed shall be at least twelve years of age at the time of 1,537
the child's commitment. Any order to commit a child to an 1,538
institution under the control and management of the department 1,540
shall have the effect of ordering that the child be committed to 1,541
the department and assigned to an institution as follows: 1,542
(1) For an indefinite term consisting of the prescribed 1,545
minimum period of time and a maximum period not to exceed the 1,546
child's attainment of twenty-one years of age, if the child was 1,547
committed pursuant to division (A)(4) or (5) of section 2151.355 1,548
of the Revised Code;
(2) Until the child's attainment of twenty-one years of 1,550
age, if the child was committed pursuant to division (A)(6) of 1,552
that section;
(3) For a period of commitment that shall be in addition 1,554
to, and shall be served consecutively with and prior to, a period 1,555
39
of commitment described in division (A)(1) or (2) of this 1,556
section, if the child was committed pursuant to division (A)(7) 1,557
of section 2151.355 of the Revised Code; 1,559
(4) For any period of commitment imposed under division 1,561
(A)(7) of section 2151.355 of the Revised Code and for 1,564
consecutive periods of commitment as described in division (A)(1) 1,565
or (2) of this section, if the child was the subject of a 1,566
consecutive periods of commitment order issued by the court 1,567
pursuant to division (B)(2) of section 2151.355 of the Revised 1,568
Code.
(B) The RELEASE AUTHORITY OF THE department of youth 1,570
services may grant the release from institutionalization of any 1,572
child committed to it pursuant to division (A)(4), (5), (6), or 1,573
(7) of section 2151.355 of the Revised Code in a manner 1,574
consistent with section 5139.38 of the Revised Code, in a manner 1,575
consistent with division (B) of section 2151.38 of the Revised 1,576
Code if that division is applicable to the child, or in a manner 1,577
consistent with division (C) of section 5139.06 of the Revised 1,578
Code if division (B) of section 2151.38 of the Revised Code is no 1,579
longer applicable to the child THE DEPARTMENT IN ACCORDANCE WITH 1,580
SECTION 5139.51 OF THE REVISED CODE.
The order committing a child to the department of youth 1,582
services shall state that the child has been adjudicated a 1,583
delinquent child and that the commitment is permanent. The 1,584
jurisdiction of the court terminates at the time of the 1,585
commitment except in relation to procedures for the JUDICIAL 1,586
RELEASE OR early release of children from institutionalization or 1,588
institutionalization in a secure facility and hearings conducted 1,590
relative to JUDICIAL RELEASE OR early release, except in relation 1,591
to its authority to add consistent terms and conditions, except 1,592
in relation to hearings conducted relative to violations of 1,593
post-release THE terms and conditions OF A JUDICIAL RELEASE OR 1,595
EARLY RELEASE, and except that the department may petition the 1,596
court for an order terminating its custody. When a child has been 1,597
40
committed permanently to the department, the department shall 1,598
retain legal custody of the child until the time that it divests 1,599
itself of the legal custody of the child by discharging the child 1,600
to the exclusive management, control, and custody of the child's 1,601
parent or the guardian of the child's person, until the 1,602
committing court, upon its own motion, upon petition of the 1,603
parent, guardian of the person, or next friend of a child, or 1,604
upon petition of the department, terminates the department's 1,605
legal custody of the child, or until the department's legal 1,606
custody of the child is terminated automatically by the child 1,607
attaining twenty-one years of age. 1,608
(C) When a child is committed to the department of youth 1,610
services, the department may assign the child to a hospital for 1,611
mental, physical, and other examination, inquiry, or treatment 1,612
for the period of time that is necessary. The department may 1,613
remove any child in its custody to a hospital for observation, 1,614
and a complete report of every observation at the hospital shall 1,616
be made in writing and shall include a record of observation, 1,617
treatment, and medical history and a recommendation for future 1,618
treatment, custody, and maintenance. The department shall 1,619
thereupon order the placement and treatment that it determines to 1,620
be most conducive to the purposes of Chapters 2151. and 5139. of 1,621
the Revised Code. The committing court and all public 1,622
authorities shall make available to the department all pertinent 1,623
data in their possession with respect to the case.
(D) Records maintained by the department of youth services 1,625
pertaining to the children in its custody shall be accessible 1,626
only to department employees, except by consent of the department 1,627
or upon the order of the judge of a court of record. These 1,628
records shall not be considered "public records," as defined in 1,629
section 149.43 of the Revised Code. 1,630
Except as otherwise provided by a law of this state or the 1,632
United States, the department of youth services may release 1,633
records that are maintained by the department of youth services 1,634
41
and that pertain to children in its custody to the department of 1,635
rehabilitation and correction regarding persons who are under the 1,636
jurisdiction of the department of rehabilitation and correction 1,637
and who have previously been committed to the department of youth
services. The department of rehabilitation and correction may 1,638
use those records for the limited purpose of carrying out the 1,639
duties of the department of rehabilitation and correction. 1,640
Records released by the department of youth services to the 1,641
department of rehabilitation and correction shall remain
confidential and shall not be considered public records as 1,642
defined in section 149.43 of the Revised Code. 1,643
(E)(1) When a child is committed to the department of 1,645
youth services, the department, orally or in writing, shall 1,646
notify the parent, guardian, or custodian of a child that the 1,647
parent, guardian, or custodian may request at any time from the 1,648
superintendent of the institution in which the child is located 1,649
any of the information described in divisions (E)(1)(a), (b), 1,650
(c), and (d) of this section. The parent, guardian, or custodian 1,651
may provide the department with the name, address, and telephone 1,652
number of the parent, guardian, or custodian, and, until the 1,653
department is notified of a change of name, address, or telephone 1,654
number, the department shall use the name, address, and telephone 1,655
number provided by the parent, guardian, or custodian to provide 1,656
notices or answer inquiries concerning the following information: 1,657
(a) When the department of youth services makes a 1,659
permanent assignment of the child to a facility, the department, 1,660
orally or in writing and on or before the third business day 1,661
after the day the permanent assignment is made, shall notify the 1,662
parent, guardian, or custodian of the child of the name of the 1,663
facility to which the child has been permanently assigned. 1,664
If a parent, guardian, or custodian of a child who is 1,666
committed to the department of youth services requests, orally or 1,667
in writing, the department to provide the parent, guardian, or 1,668
custodian with the name of the facility in which the child is 1,670
42
currently located, the department, orally or in writing and on or 1,671
before the next business day after the day on which the request 1,672
is made, shall provide the name of that facility to the parent, 1,673
guardian, or custodian.
(b) If a parent, guardian, or custodian of a child who is 1,675
committed to the department of youth services, orally or in 1,676
writing, asks the superintendent of the institution in which the 1,677
child is located whether the child is being disciplined by the 1,678
personnel of the institution, what disciplinary measure the 1,679
personnel of the institution are using for the child, or why the 1,680
child is being disciplined, the superintendent or the 1,681
superintendent's designee, on or before the next business day 1,683
after the day on which the request is made, shall provide the 1,684
parent, guardian, or custodian with written or oral responses to 1,685
the questions.
(c) If a parent, guardian, or custodian of a child who is 1,687
committed to the department of youth services, orally or in 1,688
writing, asks the superintendent of the institution in which the 1,689
child is held whether the child is receiving any medication from 1,690
personnel of the institution, what type of medication the child 1,691
is receiving, or what condition of the child the medication is 1,692
intended to treat, the superintendent or the superintendent's 1,694
designee, on or before the next business day after the day on 1,695
which the request is made, shall provide the parent, guardian, or 1,696
custodian with oral or written responses to the questions. 1,697
(d) When a major incident occurs with respect to a child 1,699
who is committed to the department of youth services, the 1,700
department, as soon as reasonably possible after the major 1,701
incident occurs, shall notify the parent, guardian, or custodian 1,702
of the child that a major incident has occurred with respect to 1,703
the child and of all the details of that incident that the 1,704
department has ascertained. 1,705
(2) The failure of the department of youth services to 1,707
provide any notification required by or answer any requests made 1,708
43
pursuant to division (E) of this section does not create a cause 1,709
of action against the state. 1,710
(F) The department of youth services, as a means of 1,712
punishment while the child is in its custody, shall not prohibit 1,713
a child who is committed to the department from seeing that 1,714
child's parent, guardian, or custodian during standard visitation 1,715
periods allowed by the department of youth services unless the 1,716
superintendent of the institution in which the child is held 1,717
determines that permitting that child to visit with the child's 1,719
parent, guardian, or custodian would create a safety risk to that 1,720
child, that child's parents, guardian, or custodian, the 1,721
personnel of the institution, or other children held in that 1,722
institution.
(G) As used in this section: 1,724
(1) "Permanent assignment" means the assignment or 1,726
transfer for an extended period of time of a child who is 1,727
committed to the department of youth services to a facility in 1,728
which the child will receive training or participate in 1,729
activities that are directed toward the child's successful 1,730
rehabilitation. "Permanent assignment" does not include the 1,731
transfer of a child to a facility for early release hearings 1,732
pursuant to section 2151.38 of the Revised Code or for any other 1,733
temporary assignment or transfer to a facility. 1,734
(2) "Major incident" means the escape or attempted escape 1,736
of a child who has been committed to the department of youth 1,737
services from the facility to which the child is assigned; the 1,738
return to the custody of the department of a child who has 1,739
escaped or otherwise fled the custody and control of the 1,740
department without authorization; the allegation of any sexual 1,741
activity with a child committed to the department; physical 1,742
injury to a child committed to the department as a result of 1,743
alleged abuse by department staff; an accident resulting in 1,744
injury to a child committed to the department that requires 1,745
medical care or treatment outside the institution in which the 1,746
44
child is located; the discovery of a controlled substance upon 1,747
the person or in the property of a child committed to the 1,748
department; a suicide attempt by a child committed to the 1,749
department; a suicide attempt by a child committed to the 1,750
department that results in injury to the child requiring 1,751
emergency medical services outside the institution in which the 1,752
child is located; the death of a child committed to the 1,753
department; an injury to a visitor at an institution under the 1,754
control of the department that is caused by a child committed to 1,755
the department; and the commission or suspected commission of an 1,756
act by a child committed to the department that would be an 1,757
offense if committed by an adult. 1,758
(3) "Sexual activity" has the same meaning as in section 1,760
2907.01 of the Revised Code. 1,761
(4) "Controlled substance" has the same meaning as in 1,763
section 3719.01 of the Revised Code. 1,764
Sec. 5139.06. (A) When a child has been committed to the 1,773
department of youth services, it shall do both of the following: 1,774
(1) Place the child in an appropriate institution under 1,776
the condition that it considers best designed for the training 1,777
and rehabilitation of the child and the protection of the public, 1,778
provided that the institutional placement shall be consistent 1,779
with the order committing the child to its custody; 1,780
(2) Maintain the child in institutional care or 1,782
institutional care in a secure facility for the required period 1,783
of institutionalization in a manner consistent with division 1,784
(A)(4), (5), (6), or (7) of section 2151.355 of the Revised Code, 1,785
whichever is applicable, and with section 5139.38 or division (B) 1,786
OR (C) of section 2151.38 of the Revised Code. 1,787
(B) When a child has been committed to the department of 1,789
youth services pursuant to division (A)(6) of section 2151.355 of 1,790
the Revised Code, or when a child has been committed to the 1,791
department pursuant to division (A)(4), (5), or (7) of that 1,792
section and the child has not been institutionalized or 1,793
45
institutionalized in a secure facility for the prescribed minimum 1,795
periods of time or the prescribed period of time under those
divisions, the department, the child, or the child's parent may 1,797
request the court that committed the child to order A JUDICIAL 1,798
RELEASE OR an early release from institutionalization or 1,800
institutionalization in a secure facility in accordance with 1,801
division (B) OR (C) of section 2151.38 of the Revised Code, and 1,802
the child may be released from institutionalization or 1,804
institutionalization in a secure facility in accordance with that 1,805
THE APPLICABLE division. A child of that nature shall not be 1,806
released from institutionalization or institutionalization in a 1,807
secure facility except in accordance with that division or 1,809
section 2151.38 OR 5139.38 OR SECTIONS 5139.50 TO 5139.54 of the 1,810
Revised Code. WHEN A CHILD IS RELEASED PURSUANT TO DIVISION (B) 1,811
OF SECTION 2151.38 OF THE REVISED CODE, THE DEPARTMENT SHALL 1,812
COMPLY WITH DIVISION (B)(2) OF THAT SECTION AND, IF THE COURT 1,813
REQUESTS, SHALL SEND THE COMMITTING COURT A REPORT ON THE CHILD'S
PROGRESS IN THE INSTITUTION AND RECOMMENDATIONS FOR TERMS AND 1,814
CONDITIONS OF SUPERVISION BY THE COURT AFTER RELEASE. When a 1,815
child is released pursuant to that division (C) OF SECTION 1,816
2151.38 OF THE REVISED CODE, the department shall comply with 1,818
divisions (D) and (E) DIVISION (C)(2) of THAT section 2151.38 of 1,819
the Revised Code relative to the child and shall send the 1,820
committing court and the juvenile court of the county in which 1,821
the child is placed a copy of the TREATMENT AND REHABILITATION 1,822
plan DESCRIBED IN THAT DIVISION and the terms and conditions that 1,823
it fixed. The court of the county in which the child is placed 1,824
may adopt the terms and conditions as an order of the court and 1,825
may add any additional consistent terms and conditions it 1,826
considers appropriate. Any violations of the terms and 1,827
conditions established in its journal entry by the court of the 1,828
county in which the child is placed shall be handled pursuant to 1,829
division (B)(D) of section 2151.38 of the Revised Code. 1,830
(C) When a child has been committed to the department of 1,832
46
youth services, it may do any of the following: 1,833
(1) If the child was committed pursuant to division (A)(4) 1,835
or (5) of section 2151.355 of the Revised Code and has been 1,836
institutionalized or institutionalized in a secure facility for 1,837
the prescribed minimum periods of time under those divisions, 1,839
order the child's release on parole under the supervision and 1,841
conditions that it believes conducive to law-abiding conduct or 1,842
order replacement or renewed parole as often as conditions 1,843
indicate it to be desirable; provided that the department shall 1,844
notify the committing court, in writing, of the terms of 1,845
supervision and the conditions of the release at least fifteen 1,846
days prior to the scheduled date of release.
(2) Notwithstanding the provisions of this chapter or 1,848
Chapter 2151. of the Revised Code that prescribe required periods 1,849
of institutionalization, transfer the child to any other state 1,851
institution, whenever it appears that the child by reason of 1,852
mental illness, mental retardation, or other developmental 1,853
disability ought to be in another state institution. Before 1,854
transferring a child to any other state institution, the 1,855
department shall include in the minutes a record of the order of 1,856
transfer and the reason for the transfer and, at least seven days 1,857
prior to the transfer, shall send a certified copy of the order 1,858
to the person shown by its record to have had the care or custody 1,859
of the child immediately prior to the child's commitment. Except 1,860
as provided in division (C)(3)(2) of this section, no person 1,861
shall be transferred from a benevolent institution to a 1,863
correctional institution or to a facility or institution operated 1,864
by the department of youth services. 1,865
(3)(2) Notwithstanding the provisions of this chapter or 1,867
Chapter 2151. of the Revised Code that prescribe required periods 1,868
of institutionalization, transfer the child under section 1,869
5120.162 of the Revised Code to a correctional medical center 1,871
established by the department of rehabilitation and correction, 1,872
whenever the child has an illness, physical condition, or other 1,873
47
medical problem and it appears that the child would benefit from 1,874
diagnosis or treatment at the center for that illness, condition, 1,875
or problem. Before transferring a child to a center, the 1,876
department of youth services shall include in the minutes a 1,877
record of the order of transfer and the reason for the transfer 1,878
and, except in emergency situations, at least seven days prior to 1,879
the transfer, shall send a certified copy of the order to the 1,880
person shown by its records to have had the care or custody of 1,881
the child immediately prior to the child's commitment. If the 1,882
transfer of the child occurs in an emergency situation, as soon 1,883
as possible after the decision is made to make the transfer, the 1,884
department of youth services shall send a certified copy of the 1,885
order to the person shown by its records to have had the care or 1,886
custody of the child immediately prior to the child's commitment. 1,887
A transfer under this division shall be in accordance with the 1,888
terms of the agreement the department of youth services enters 1,889
into with the department of rehabilitation and correction under 1,890
section 5120.162 of the Revised Code and shall continue only as 1,891
long as the child reasonably appears to receive benefit from 1,892
diagnosis or treatment at the center for an illness, physical 1,893
condition, or other medical problem. 1,894
(4)(3) Revoke or modify any order of the department except 1,896
an order of discharge as often as conditions indicate it to be 1,897
desirable; 1,898
(5) If the child was committed pursuant to division (A)(4) 1,900
or (5) of section 2151.355 of the Revised Code and has been 1,901
institutionalized or institutionalized in a secure facility for 1,902
the prescribed minimum periods of time under those divisions, 1,904
discharge the child from its custody and control when it is 1,905
satisfied that the discharge is consistent with the welfare of 1,906
the individual and protection of the public. The department shall 1,907
notify the committing court, in writing, that it is going to 1,908
discharge the child at least fifteen days before the scheduled 1,909
date of discharge and, upon the discharge, immediately shall 1,910
48
certify the discharge in writing and transmit the certificate to 1,911
the committing court.
(6)(4) If the child was committed pursuant to division 1,913
(A)(4) or (5) of section 2151.355 of the Revised Code and has 1,914
been institutionalized or institutionalized in a secure facility 1,915
for the prescribed minimum periods of time under those divisions 1,917
AND IS PLACED ON SUPERVISED RELEASE PURSUANT TO SECTION 5139.51 1,918
OF THE REVISED CODE, assign the child to a family home, a group 1,919
care facility, or other place maintained under public or private 1,920
auspices, within or without this state, for necessary treatment 1,921
and rehabilitation, the costs of which may be paid by the 1,922
department, provided that the department shall notify the
committing court, in writing, of the place and terms of the 1,923
assignment at least fifteen days prior to the scheduled date of 1,924
the assignment. 1,925
(D) The department of youth services shall notify the 1,927
committing court of any order transferring the physical location 1,928
of any child committed to it in accordance with section 5139.35 1,929
of the Revised Code. Upon the discharge from its custody and 1,930
control, the department may petition the court for an order 1,931
terminating its custody and control. 1,932
(E) If a child is released on parole under division (C)(1) 1,934
of this section or is assigned to a family home, group care 1,935
facility, or other place for treatment or rehabilitation under 1,936
division (C)(6) of this section, the department shall comply with 1,937
divisions (D) and (E) of section 2151.38 of the Revised Code 1,938
relative to the child and shall send the committing court and the 1,939
juvenile court of the county in which the child is placed a copy 1,940
of the plan and the terms and conditions of the release or 1,941
assignment that it fixed. The court of the county in which the 1,942
child is placed may adopt the terms and conditions as an order of 1,943
the court and may add any additional consistent terms and 1,944
conditions it considers appropriate. Any violations of the terms 1,945
and conditions established in its journal entry by the court of 1,946
49
the county in which the child is placed shall be handled pursuant 1,947
to division (C) of section 2151.38 of the Revised Code. 1,948
Sec. 5139.07. As a means of correcting the socially 1,957
harmful tendencies of a child committed to it, the department of 1,958
youth services may require participation by him THE CHILD in 1,959
vocational, physical, educational, and corrective training and 1,961
activities, and the conduct and modes of life that seem best 1,962
adapted to rehabilitate him THE CHILD and fit him THE CHILD for 1,964
return to full liberty without danger to the public welfare. 1,965
This section does not permit the department to release a child 1,966
committed to it from institutional care or institutional care in 1,967
a secure facility, whichever is applicable, other than in 1,968
accordance with sections 2151.38, 5139.06, and 5139.38, AND 1,969
5139.50 TO 5139.54 of the Revised Code. 1,970
The department may require a child committed to it to 1,972
return to his THE CHILD'S home or to be placed in a foster care 1,973
placement if it is authorized to make a placement of that nature 1,974
under sections 2151.38, 5139.06, and 5139.38, AND 5139.50 TO 1,975
5139.54 of the Revised Code. Any placement of that nature shall 1,976
be made in accordance with those sections. The legal residence 1,977
of a child so placed by the department is the place the child is 1,978
residing in accordance with a department order of placement. The 1,979
school district responsible for payment of tuition on behalf of 1,980
the child so placed shall be determined pursuant to section 1,981
3313.64 or 3313.65 of the Revised Code. 1,982
Sec. 5139.08. The department of youth services may enter 1,991
into an agreement with the director of rehabilitation and 1,992
correction pursuant to which the department of youth services, in 1,993
accordance with division (C)(3)(2) of section 5139.06 and section 1,995
5120.162 of the Revised Code, may transfer to a correctional
medical center established by the department of rehabilitation 1,996
and correction, children who are within its custody for diagnosis 1,997
or treatment of an illness, physical condition, or other medical 1,998
problem. The department of youth services may enter into any 1,999
50
other agreements with the director of human services, the 2,000
director of mental health, the director of mental retardation and 2,001
developmental disabilities, the director of rehabilitation and 2,002
correction, with the courts having probation officers or other 2,003
public officials, and with private agencies or institutions for 2,004
separate care or special treatment of children subject to the 2,005
control of the department of youth services. The department of 2,006
youth services may, upon the request of a juvenile court not 2,007
having a regular probation officer, provide probation services 2,008
for such court. 2,009
Upon request by the department of youth services, any 2,011
public agency or group care facility established or administered 2,012
by the state for the care and treatment of children and youth 2,013
shall, consistent with its functions, accept and care for any 2,014
child whose custody is vested in the department in the same 2,015
manner as it would be required to do if custody had been vested 2,016
by a court in such agency or group care facility. If the 2,017
department has reasonable grounds to believe that any child or 2,018
youth whose custody is vested in it is mentally ill or mentally 2,019
retarded, the department may file an affidavit under section 2,020
5122.11 or 5123.76 of the Revised Code. The department's 2,021
affidavit for admission of a child or youth to such institution 2,022
shall be filed with the probate court of the county from which 2,023
the child was committed to the department. Such court may 2,024
request the probate court of the county in which the child is 2,025
held to conduct the hearing on the application, in which case the 2,026
court making such request shall bear the expenses of the 2,027
proceeding. If the department files such an affidavit, the child 2,028
or youth may be kept in such institution until a final decision 2,029
on the affidavit is made by the appropriate court. 2,030
Sec. 5139.18. (A) The EXCEPT WITH RESPECT TO CHILDREN WHO 2,039
ARE GRANTED A JUDICIAL RELEASE PURSUANT TO DIVISION (B) OF 2,040
SECTION 2151.38 OF THE REVISED CODE, THE department of youth 2,041
services is responsible for locating homes or jobs for children 2,042
51
released from its institutions, for supervision of children 2,043
released from its institutions, and for providing or arranging 2,044
for the provision to those children of appropriate services that 2,045
are required to facilitate their satisfactory community 2,046
adjustment.
(B) The department of youth services shall exercise 2,048
general supervision over all children who have been released on 2,049
placement from any of the its institutions OTHER THAN CHILDREN 2,050
WHO ARE GRANTED A JUDICIAL RELEASE PURSUANT TO DIVISION (B) OF 2,051
SECTION 2151.38 OF THE REVISED CODE. The director of youth 2,053
services, with the consent and approval of the board of county 2,054
commissioners of any county, may contract with the department of 2,055
human services of that county, if the department has assumed the 2,056
administration of child welfare, the children services board of 2,057
that county, the department of probation of that county 2,058
established pursuant to section 2301.27 of the Revised Code, or 2,059
the probation department or service established pursuant to 2,060
sections 2151.01 to 2151.54 of the Revised Code for the provision 2,061
of direct supervision and control over and the provision of 2,062
supportive assistance to all children who have been released on 2,063
placement into that county from any of its institutions, or, with 2,064
the consent of the juvenile judge or the administrative judge of 2,065
the juvenile court of any county, contract with any other public 2,066
agency, institution, or organization that is qualified to provide 2,067
the care and supervision that is required under the terms and 2,068
conditions of the child's treatment plan for the provision of 2,069
direct supervision and control over and the provision of 2,070
supportive assistance to all children who have been released on 2,071
placement into that county from any of its institutions. 2,072
(D)(C) Whenever any placement official has reasonable 2,074
cause to believe that any child RELEASED BY A COURT PURSUANT TO 2,075
SECTION 2151.38 OF THE REVISED CODE has violated the terms and 2,076
conditions of his THE CHILD'S placement, the official may 2,077
request, in writing, from the committing court or transferee 2,078
52
court a custodial order, and, upon reasonable and probable cause, 2,079
the court may order any sheriff, deputy sheriff, constable, or 2,080
police officer to apprehend the child. A child so apprehended 2,081
may be confined in the detention home of the county in which he 2,082
THE CHILD is apprehended until further order of the court. IF A 2,083
CHILD WHO WAS RELEASED BY THE RELEASE AUTHORITY OF THE DEPARTMENT 2,084
OF YOUTH SERVICES VIOLATES THE TERMS AND CONDITIONS OF SUPERVISED 2,085
RELEASE, SECTION 5139.52 OF THE REVISED CODE APPLIES WITH RESPECT
TO THAT CHILD. 2,086
Sec. 5139.20. (A) Notwithstanding any other provision of 2,095
the Revised Code that sets forth the minimum periods or period 2,096
for which a child committed to the department of youth services 2,097
is to be institutionalized or institutionalized in a secure 2,098
facility or the procedures for the JUDICIAL RELEASE OR early 2,099
release from institutional care or institutional care in a secure 2,100
facility, the department may grant emergency releases to children 2,101
confined in state juvenile institutions if the governor, upon 2,102
request of the director of the department authorizes the 2,103
director, in writing, to issue a declaration that an emergency 2,104
overcrowding condition exists in all of the institutions in which 2,105
males are confined, or in all of the institutions in which 2,106
females are confined, that are under the control of the 2,107
department. If the governor authorizes the issuance of a 2,108
declaration, the director may issue the declaration. If the 2,109
director issues the declaration, the director shall file a copy 2,111
of it with the secretary of state, which copy shall be a public 2,112
record. Upon the filing of the copy, the department is 2,113
authorized to grant emergency releases to children within its 2,114
custody subject to division (B) of this section. The authority 2,115
to grant the emergency releases shall continue until the 2,116
expiration of thirty days from the day on which the declaration 2,117
was filed. The director shall not issue a declaration that an 2,118
emergency overcrowding condition exists unless the director 2,119
determines that no other method of alleviating the overcrowding 2,121
53
condition is available.
(B)(1) If the department is authorized under division (A) 2,123
of this section to grant emergency releases to children within 2,124
its custody, the department shall determine which, if any, 2,125
children to release under that authority only in accordance with 2,126
this division and divisions (C), (D), and (E) of this section. 2,127
The department, in determining which, if any, children to 2,128
release, initially shall classify each child within its custody 2,129
according to the degree of offense that the act for which the 2,130
child is serving the period of institutionalization would have 2,131
been if committed by an adult. The department then shall 2,132
scrutinize individual children for emergency release, based upon 2,133
their degree of offense, in accordance with the categories and 2,134
the order of consideration set forth in division (B)(2) of this 2,135
section. After scrutiny of all children within the particular 2,137
category under consideration, the department shall designate 2,138
individual children within that category to whom it wishes to 2,139
grant an emergency release.
(2) The categories of children in the custody of the 2,141
department that may be considered for emergency release under 2,142
this section, and the order in which the categories shall be 2,143
considered, are as follows: 2,144
(a) Initially, only children who are not serving a period 2,146
of institutionalization for an act that would have been 2,147
aggravated murder, murder, or a felony of the first, second, 2,148
third, or fourth degree if committed by an adult or for an act 2,149
that was committed before the effective date of this amendment 2,150
and that would have been an aggravated felony of the first, 2,151
second, or third degree if committed by an adult may be
considered. 2,152
(b) When all children in the category described in 2,154
division (B)(2)(a) of this section have been scrutinized and all 2,155
children in that category who have been designated for emergency 2,156
release under division (B)(1) of this section have been so 2,157
54
released, then all children who are not serving a period of 2,158
institutionalization for an act that would have been aggravated 2,159
murder, murder, or a felony of the first or second degree if 2,160
committed by an adult or for an act that was committed before the 2,161
effective date of this amendment and that would have been an 2,162
aggravated felony of the first or second degree if committed by 2,163
an adult may be considered.
(c) When all children in the categories described in 2,165
divisions (B)(2)(a) and (b) of this section have been scrutinized 2,166
and all children in those categories who have been designated for 2,167
emergency release under division (B)(1) of this section have been 2,168
released, then all children who are not serving a term of 2,169
institutionalization for an act that would have been aggravated 2,170
murder, murder, or a felony of the first degree if committed by 2,171
an adult or for an act that was committed before the effective 2,172
date of this amendment and that would have been an aggravated 2,173
felony of the first or second degree if committed by an adult may 2,174
be considered.
(d) In no case shall the department consider for emergency 2,176
release any child who is serving a term of institutionalization 2,178
for an act that would have been aggravated murder, murder, or a 2,179
felony of the first degree if committed by an adult or for an act 2,180
that was committed before the effective date of this amendment 2,181
and that would have been an aggravated felony of the first degree 2,182
if committed by an adult, and in no case shall the department 2,183
grant an emergency release to any such child pursuant to this
section. 2,184
(C) An emergency release granted pursuant to this section 2,186
shall consist of one of the following: 2,187
(1) A SUPERVISED release on parole under supervision TERMS 2,190
and conditions that the department believes conducive to
law-abiding conduct; 2,191
(2) A discharge of the child from the custody and control 2,193
of the department if the department is satisfied that the 2,194
55
discharge is consistent with the welfare of the individual and 2,195
protection of the public; 2,196
(3) An assignment to a family home, a group care facility, 2,198
or other place maintained under public or private auspices, 2,199
within or without this state, for necessary treatment or 2,200
rehabilitation, the costs of which may be paid by the department. 2,201
(D) If a child is granted an emergency release pursuant to 2,203
this section, the child thereafter shall be considered to have 2,204
been institutionalized or institutionalized in a secure facility 2,205
for the prescribed minimum period of time or prescribed time 2,207
under division (A)(4), (5), or (7) of section 2151.355 of the 2,208
Revised Code. The department shall retain legal custody of a 2,209
child so released until it discharges the child or until its 2,210
custody is terminated as otherwise provided by law. 2,211
(E)(1) If a child is granted an emergency release so that 2,213
the child is released on parole SUPERVISED RELEASE or assigned to 2,215
a family home, group care facility, or other place for treatment
or rehabilitation, the department shall prepare a written 2,217
treatment and rehabilitation plan for the child in accordance 2,218
with division (D)(E) of section 2151.38 of the Revised Code, 2,219
which shall include the terms and conditions of the child's 2,221
release or assignment, and shall send the committing court and 2,223
the juvenile court of the county in which the child is placed a 2,224
copy of the plan and the terms and conditions that it fixed. The 2,225
court of the county in which the child is placed may adopt the 2,226
terms and conditions as an order of the court and may add any 2,227
additional consistent terms and conditions it considers 2,228
appropriate. If a child is released on parole SUPERVISED RELEASE 2,229
or is assigned subject to specified terms and conditions and the 2,231
court of the county in which the child is placed has reason to 2,232
believe that the child has CHILD'S DEPORTMENT IS not deported 2,233
himself or herself in accordance with any post-release terms and 2,234
conditions established by the court in its journal entry, the 2,235
court of the county in which the child is placed, in its 2,236
56
discretion, may schedule a time for a hearing on whether the 2,237
child violated any of the post-release terms and conditions. If 2,238
the THAT court of the county in which the child is placed 2,240
conducts a hearing and determines at the hearing that the child 2,241
violated any of the post-release terms and conditions established 2,242
in its journal entry, the court, if it determines that the 2,243
violation of the terms and conditions was a serious violation, 2,244
may order the child to be returned to the department of youth 2,245
services for institutionalization or, in any case, may make any 2,246
other disposition of the child authorized by law that the court 2,247
considers proper. If the court of the county in which the child 2,248
is placed orders the child to be returned to a department of 2,249
youth services institution, the child shall remain
institutionalized for a minimum period of three months. 2,250
(2) The department also shall file a written progress 2,252
report with the committing court regarding each child granted an 2,253
emergency release pursuant to this section at least once every 2,254
thirty days unless specifically directed otherwise by the court. 2,255
The report shall include the information required of reports 2,256
described in division (E)(F) of section 2151.38 of the Revised 2,257
Code. 2,258
Sec. 5139.32. (A) Whenever a child committed to the 2,267
department of youth services is unable to benefit from the 2,268
programs conducted by the department, as found under division (B) 2,269
of this section, the RELEASE AUTHORITY OF THE department 2,270
forthwith shall release or discharge such THE child from its 2,272
jurisdiction and either return him THE CHILD to the committing 2,273
court, provided that such THE court so consents or directs, or 2,274
otherwise secure for him THE CHILD an environment more beneficial 2,276
to his THE CHILD'S future development.
(B) The determination that a child is unable to benefit 2,278
from the programs conducted by the department shall be made by 2,279
the committing court on its own motion or upon application by the 2,280
department or by a parent or the guardian of the person of the 2,281
57
child, or, if the child has been institutionalized or 2,282
institutionalized in a secure facility, whichever is applicable, 2,283
for the prescribed minimum period set forth in section 2151.355 2,284
of the Revised Code and his THE CHILD'S commitment order, by the 2,285
department itself. 2,286
Sec. 5139.35. (A) Except as provided in division (C) of 2,295
this section and division (C)(3)(2) of section 5139.06 of the 2,296
Revised Code, the department of youth services shall not place a 2,297
child committed to it pursuant to division (A)(6) of section 2,298
2151.355 of the Revised Code or one committed to it pursuant to 2,299
division (A)(4), (5), or (7) of that section who has not been 2,300
institutionalized or institutionalized in a secure facility for 2,301
the prescribed minimum periods or prescribed period of 2,302
institutionalization under those divisions in an institution with 2,303
a less restrictive setting than that in which the child was 2,304
originally placed, other than an institution under the management 2,305
and control of the department, without first obtaining the prior 2,306
consent of the committing court. 2,307
(B) Except as provided in division (C) of this section, 2,309
the department of youth services shall notify the committing 2,310
court, in writing, of any placement of a child committed to it 2,311
pursuant to division (A)(4), (5), or (7) of section 2151.355 of 2,312
the Revised Code who has been institutionalized or 2,313
institutionalized in a secure facility for the prescribed minimum 2,315
periods or prescribed period of institutionalization under those
divisions in an institution with a less restrictive setting than 2,317
that in which the child was originally placed, other than an 2,318
institution under the management and control of the department, 2,319
at least fifteen days before the scheduled date of placement. 2,320
(C) If, pursuant to division (C)(3)(2) of section 5139.06 2,322
of the Revised Code, the department of youth services transfers a 2,323
child committed to it pursuant to division (A)(4), (5), (6), or 2,325
(7) of section 2151.355 of the Revised Code to a correctional
medical center established by the department of rehabilitation 2,326
58
and correction, the department of youth services shall send the 2,327
committing court a certified copy of the transfer order. 2,328
Sec. 5139.38. Within ninety days prior to the expiration 2,337
of the prescribed minimum period of institutionalization of a 2,338
felony delinquent committed to the department of youth services 2,339
and with prior notification to the committing court, the 2,340
department may transfer the felony delinquent to a community 2,341
facility for a period of supervised treatment prior to ordering a 2,342
release of the felony delinquent on parole SUPERVISED RELEASE or 2,343
prior to the release AND PLACEMENT of the felony delinquent on 2,344
aftercare placement as described in section 5139.18 of the 2,346
Revised Code. For purposes of transfers under this section, both 2,347
of the following apply:
(A) The community facility may be a community corrections 2,349
facility that has received a grant pursuant to section 5139.36 of 2,350
the Revised Code, a community residential program with which the 2,351
department has contracted for purposes of this section, or 2,352
another private entity with which the department has contracted 2,353
for purposes of this section. Division (E) of section 5139.36 of 2,354
the Revised Code does not apply in connection with a transfer of 2,355
a felony delinquent that is made to a community corrections 2,356
facility pursuant to this section. 2,357
(B) During the period in which the felony delinquent is in 2,359
the community facility, he THE FELONY DELINQUENT shall remain in 2,360
the custody of the department. 2,361
Sec. 5139.43. (A) On and after January 1, 1995, the 2,370
department of youth services shall operate a felony delinquent 2,371
care and custody program with the remainder of the appropriation 2,372
described in division (E) of section 5139.41 of the Revised Code. 2,374
The program shall be operated in accordance with the formula 2,375
developed pursuant to sections 5139.41 and 5139.42 of the Revised 2,376
Code, subject to the conditions specified in this section, and in 2,377
conjunction with the contingency program described in section 2,378
5139.45 of the Revised Code. 2,379
59
(B)(1) The department of youth services annually shall 2,381
allocate to each county a portion of the remainder of the 2,382
appropriation described in division (E) of section 5139.41 of the 2,384
Revised Code. The portion to be allocated to each county shall 2,385
be determined by multiplying the county's percentage determined 2,386
under division (E) of section 5139.42 of the Revised Code by the 2,387
amount of that remainder. The department shall divide the 2,388
portion to be allocated to each county by twelve or, if in a 2,389
particular fiscal year the felony delinquent care and custody 2,390
program is in effect in a county less than twelve months, by the 2,391
number of months the program is in effect in that county to 2,392
determine the monthly allocation to that county.
(2)(a) Except as provided in division (B)(2)(b) of this 2,394
section, the department shall reduce the monthly allocation for 2,395
each fiscal year to each county as determined under division 2,396
(B)(1) of this section by both of the following: 2,397
(i) Seventy-five per cent of the amount determined by 2,400
multiplying the per diem cost for the care and custody of felony 2,401
delinquents, as determined pursuant to division (D) of section 2,402
5139.42 of the Revised Code, by the number of felony delinquents 2,403
who have been adjudicated delinquent children and, except as 2,404
otherwise provided in divisions (B)(2)(a) and (3) of this 2,405
section, who are in the care and custody of an institution 2,406
pursuant to a commitment, OR recommitment, or revocation of a 2,407
release on parole by the juvenile court of that county;
(ii) Fifty per cent of the amount determined by 2,409
multiplying the per diem cost for the care and custody of felony 2,410
delinquents, as determined pursuant to division (D) of section 2,411
5139.42 of the Revised Code, by the number of felony delinquents 2,412
who have been adjudicated delinquent children and, except as 2,413
otherwise provided in divisions (B)(2)(a) and (3) of this 2,414
section, who are in the care and custody of a community 2,415
corrections facility pursuant to a placement by the department 2,416
with the consent of the juvenile court of that county as 2,417
60
described in division (E) of section 5139.36 of the Revised Code. 2,418
Public safety beds shall not be included in the number of 2,421
felony delinquents who have been adjudicated delinquent children 2,422
by a juvenile court in making the seventy-five per cent or fifty 2,423
per cent reductions described in divisions (B)(2)(a)(i) and (ii) 2,426
of this section. The department shall bear the care and custody 2,427
costs associated with public safety beds. 2,428
(b) If a county has exhausted its current and future 2,430
monthly allocations for the current fiscal year as determined 2,431
under division (B)(1) of this section, the department shall bear 2,432
the remainder of the amounts calculated under divisions 2,433
(B)(2)(a)(i) and (ii) of this section for the care and custody of 2,434
felony delinquents who are in the care and custody of an 2,435
institution pursuant to a commitment, OR recommitment, or 2,436
revocation of a release on parole or in the care and custody of a 2,437
community corrections facility by debiting, in accordance with 2,439
division (C)(2) of section 5139.45 of the Revised Code, the 2,440
amount of the appropriation for care and custody of felony 2,441
delinquents that was set aside for the contingency program
pursuant to division (A) of section 5139.41 of the Revised Code. 2,442
(3)(a) Subject to divisions (B)(2)(b) and (4) of this 2,444
section and subject to the special provisions of division 2,445
(B)(3)(b) of this section pertaining to monthly allocations under 2,447
divisions (B)(1) and (2)(a) of this section for the month of 2,448
June, after the application of division (B)(2)(a) of this section 2,449
and on or before the fifteenth day of the following month, the 2,450
department shall disburse to the juvenile court of each county 2,451
the remainder of the monthly allocation of that county as 2,452
determined pursuant to divisions (B)(1) and (2)(a) of this 2,453
section.
(b)(i) For the monthly allocation for the month of June of 2,456
each fiscal year, the department shall estimate for each county
the number of felony delinquents described in divisions 2,457
(B)(2)(a)(i) and (ii) of this section rather than use the actual 2,459
61
number of those felony delinquents, shall use the estimated 2,460
number of those felony delinquents in making the seventy-five per 2,462
cent and fifty per cent reductions described in those divisions,
and shall encumber the remainder of the estimated monthly 2,463
allocation of each county for the month of June, as determined 2,464
pursuant to divisions (B)(1), (2)(a), and (3)(b)(i) of this 2,466
section, for disbursement in the month of July of the next fiscal
year in accordance with division (B)(3)(b)(ii) of this section. 2,468
If the total of the seventy-five per cent and fifty per cent 2,469
reductions described in division (B)(2)(a) of this section 2,470
exceeds the estimated monthly allocation of a county for the
month of June as so determined, the department may cover the 2,471
amount of the excess by debiting, in accordance with division 2,472
(C)(2) of section 5139.45 of the Revised Code, the amount of the 2,474
appropriation for care and custody of felony delinquents that was 2,475
set aside for the contingency program pursuant to division (A) of 2,476
section 5139.41 of the Revised Code.
(ii) In the month of July of each new fiscal year, the 2,478
department shall reconcile for each county the estimated 2,479
reductions that occurred pursuant to divisions (B)(2)(a) and 2,480
(3)(b)(i) of this section and the reductions that should have 2,482
occurred pursuant to division (B)(2)(a) of this section by using 2,483
the actual number of felony delinquents described in divisions 2,484
(B)(2)(a)(i) and (ii) of this section for the month of June of 2,485
the prior fiscal year. After that reconciliation occurs, subject 2,486
to divisions (B)(2)(b) and (4) of this section, the department 2,487
shall disburse to each county the remainder of its monthly 2,488
allocation for the month of June of the prior fiscal year as 2,489
adjusted pursuant to the reconciliation and division 2,490
(B)(3)(b)(ii) of this section. 2,492
In connection with the adjustments in the monthly 2,494
allocations for the month of June of the prior fiscal year, if 2,495
the encumbered monthly allocations of one or more counties for 2,496
that month exceed or are less than the monthly allocations for 2,497
62
that month to which those counties are entitled under divisions 2,498
(B)(1) and (2)(a) of this section by using the actual number of 2,499
felony delinquents described in divisions (B)(2)(a)(i) and (ii) 2,500
of this section rather than the estimated number of those felony 2,501
delinquents, the department may make the necessary adjustments in 2,502
the monthly allocations of those counties for the month of June 2,503
of the prior fiscal year within the total of the moneys for 2,504
monthly allocations for that month that were encumbered for all 2,505
of the counties. If that total amount is insufficient to make 2,506
the requisite monthly allocations for that month to all counties
in accordance with divisions (B)(1) and (2)(a) of this section, 2,508
the department shall cover the insufficiency by debiting, in 2,509
accordance with division (C)(2) of section 5139.45 of the Revised 2,510
Code, the amount of the appropriation for care and custody of
felony delinquents that was set aside for the contingency program 2,511
pursuant to division (A) of section 5139.41 of the Revised Code. 2,512
(4) Notwithstanding the general disbursement requirements 2,515
of division (B)(3)(a) and (b)(ii) of this section, if a juvenile 2,516
court fails to comply with division (C)(3)(d) of this section and 2,517
the department is not able to reconcile fiscal accounting as a 2,518
consequence of that failure, the department is not required to
make any disbursement in accordance with division (B)(3)(a) or 2,519
(b)(ii) of this section to the juvenile court until it complies 2,521
with division (C)(3)(d) of this section.
(C)(1) Each juvenile court shall use the moneys disbursed 2,523
to it by the department of youth services pursuant to division 2,524
(B) of this section in accordance with division (C)(2) of this 2,525
section and shall transmit the moneys to the county treasurer for 2,526
deposit in accordance with this division. The county treasurer 2,527
shall create in the county treasury a fund that shall be known as 2,529
the felony delinquent care and custody fund and shall deposit in 2,530
that fund the moneys disbursed to the juvenile court pursuant to 2,531
division (B) of this section. The moneys in the fund shall not 2,532
be commingled with any other county funds; shall not be used for 2,533
63
any capital construction projects; upon an order of the juvenile 2,534
court and subject to appropriation by the board of county 2,535
commissioners, shall be disbursed to the juvenile court for use 2,536
in accordance with division (C)(2) of this section; shall not 2,537
revert to the county general fund at the end of any fiscal year; 2,538
and shall carry over in the felony delinquent care and custody
fund from the end of any fiscal year to the next fiscal year. 2,540
The moneys in the fund shall be in addition to, and shall not be 2,541
used to reduce, any usual annual increase in county funding that 2,542
the juvenile court is eligible to receive or the current level of 2,543
county funding of the juvenile court and of any programs or 2,544
services for delinquent children, unruly children, or juvenile 2,545
traffic offenders. 2,546
(2)(a) A juvenile court shall use the moneys in its felony 2,548
delinquent care and custody fund as follows: 2,549
(i) To provide programs and services for the training, 2,551
treatment, or rehabilitation of felony delinquents that are 2,552
alternatives to their commitment to the department, including, 2,553
but not limited to, community residential programs, day treatment 2,554
centers, services within the home, and electronic monitoring; 2,555
(ii) In connection with training, treatment, 2,557
rehabilitation, early intervention, or other programs or services 2,558
for any delinquent child, unruly child, or juvenile traffic 2,559
offender who is under the jurisdiction of the juvenile court. 2,560
For purposes of division (C)(2)(a)(ii) of this section, a 2,561
delinquent child includes a child who is so adjudicated for the 2,562
commission of an act that if committed by an adult would be a 2,563
misdemeanor or felony. 2,564
(b) Each juvenile court shall comply with division 2,566
(C)(3)(d) of this section as implemented by the department. If a 2,567
juvenile court fails to comply with that division and the 2,568
department is not able to reconcile fiscal accounting as a 2,569
consequence of the failure, the provisions of division (B)(4) of
this section shall apply. 2,570
64
(3) In accordance with rules adopted by the department 2,572
pursuant to section 5139.04 of the Revised Code, each juvenile 2,573
court shall do all of the following: 2,574
(a) File with the department a plan pertaining to the use, 2,576
upon an order of the juvenile court and subject to appropriation 2,577
by the board of county commissioners, of the moneys in its felony 2,578
delinquent care and custody fund for specified programs and 2,579
services as described in division (C)(2)(a) of this section. The 2,580
plan shall include a method of ensuring equal access for minority 2,581
youth to the programs and services. 2,582
(b) By the thirty-first day of January of each year, file 2,584
with the department a report containing all of the statistical 2,585
and other information for each month of the prior calendar year 2,586
that will permit the department to prepare the report described 2,587
in division (D) of this section; 2,588
(c) If the department requires the juvenile court to 2,590
prepare monthly statistical reports for use under section 5139.42 2,591
of the Revised Code and to submit the reports on forms provided 2,592
by the department, file those reports with the department on the 2,593
forms so provided; 2,594
(d) If the department requires the juvenile court to 2,596
participate in any fiscal monitoring or other program that is 2,597
conducted by the department to ensure compliance by the juvenile 2,598
court and its county with division (C) of this section, 2,599
participate in the fiscal monitoring or other program and fully
comply with any guidelines for the performance of audits adopted 2,600
by the department pursuant to that program and all requests made 2,601
by the department pursuant to that program for information 2,602
necessary to reconcile fiscal accounting. 2,603
(D) On or prior to the first day of April of each year, 2,606
the department of youth services shall submit to the joint 2,607
legislative committee on juvenile corrections overcrowding a 2,608
report that pertains to the operation of sections 5139.41 to 2,609
5139.45 of the Revised Code during the immediately preceding 2,610
65
calendar year and that includes, but is not limited to, the 2,611
following: 2,612
(1) A description of the programs and services that were 2,614
financed under those sections in each county; 2,615
(2) The number of felony delinquents, other delinquent 2,617
children, unruly children, and juvenile traffic offenders served 2,618
by the programs and services in each county; 2,619
(3) The total number of felony level delinquency children 2,621
adjudicated in each juvenile court to be delinquent children for 2,622
acts that if committed by an adult would be a felony; 2,623
(4) The total number of felony delinquents who were 2,625
committed by the juvenile court of each county to the department 2,626
and who were in the care and custody of an institution or a 2,627
community corrections facility; 2,628
(5) A breakdown of the felony delinquents described in 2,630
division (D)(4) of this section on the basis of the types and 2,631
degrees of felonies committed, the ages of the felony delinquents 2,632
at the time they committed the felonies, and the sex and race of 2,633
the felony delinquents. 2,634
Sec. 5139.50. (A) THE RELEASE AUTHORITY OF THE DEPARTMENT 2,636
OF YOUTH SERVICES IS HEREBY CREATED AS AN INDEPENDENT 2,638
ADMINISTRATIVE DIVISION IN THE DEPARTMENT. THE RELEASE AUTHORITY 2,639
SHALL CONSIST OF FIVE MEMBERS WHO ARE APPOINTED BY THE DIRECTOR 2,640
OF YOUTH SERVICES AND WHO HAVE THE QUALIFICATIONS SPECIFIED IN 2,641
DIVISION (B) OF THIS SECTION. THE MEMBERS OF THE RELEASE 2,642
AUTHORITY SHALL DEVOTE THEIR FULL TIME TO THE DUTIES OF THE 2,643
RELEASE AUTHORITY AND SHALL NEITHER SEEK NOR HOLD OTHER PUBLIC 2,644
OFFICE. THE MEMBERS SHALL BE IN THE UNCLASSIFIED CIVIL SERVICE. 2,645
(B) A PERSON APPOINTED AS A MEMBER OF THE RELEASE 2,647
AUTHORITY SHALL HAVE A BACHELOR'S DEGREE FROM AN ACCREDITED 2,648
COLLEGE OR UNIVERSITY OR EQUIVALENT RELEVANT EXPERIENCE AND SHALL 2,649
HAVE THE SKILLS, TRAINING, OR EXPERIENCE NECESSARY TO ANALYZE 2,651
ISSUES OF LAW, ADMINISTRATION, AND PUBLIC POLICY. THE MEMBERSHIP 2,652
OF THE RELEASE AUTHORITY SHALL REPRESENT, INSOFAR AS PRACTICABLE, 2,653
66
THE DIVERSITY FOUND IN THE CHILDREN IN THE LEGAL CUSTODY OF THE 2,654
DEPARTMENT OF YOUTH SERVICES. 2,655
IN APPOINTING THE MEMBERS, THE DIRECTOR SHALL ENSURE THAT 2,658
THE APPOINTMENTS INCLUDE THE FOLLOWING:
(1) AT LEAST FOUR MEMBERS WHO HAVE FIVE OR MORE YEARS OF 2,661
EXPERIENCE IN CRIMINAL JUSTICE, JUVENILE JUSTICE, OR AN
EQUIVALENT RELEVANT PROFESSION; 2,662
(2) AT LEAST ONE MEMBER WHO HAS EXPERIENCE IN VICTIM 2,664
SERVICES OR ADVOCACY OR WHO HAS BEEN A VICTIM OF A CRIME OR IS A 2,665
FAMILY MEMBER OF A VICTIM; 2,666
(3) AT LEAST ONE MEMBER WHO HAS EXPERIENCE IN DIRECT CARE 2,669
SERVICES TO DELINQUENT CHILDREN;
(4) AT LEAST ONE MEMBER WHO HOLDS A JURIS DOCTOR DEGREE 2,671
FROM AN ACCREDITED COLLEGE OR UNIVERSITY. 2,672
(C) THE INITIAL APPOINTMENTS OF MEMBERS OF THE RELEASE 2,675
AUTHORITY SHALL BE FOR A TERM OF SIX YEARS FOR THE CHAIRPERSON 2,676
AND ONE MEMBER, A TERM OF FOUR YEARS FOR TWO MEMBERS, AND A TERM 2,677
OF TWO YEARS FOR ONE MEMBER. THEREAFTER, MEMBERS SHALL BE 2,678
APPOINTED FOR SIX-YEAR TERMS. AT THE CONCLUSION OF A TERM, A 2,679
MEMBER SHALL HOLD OFFICE UNTIL THE APPOINTMENT AND QUALIFICATION 2,680
OF THE MEMBER'S SUCCESSOR. THE DIRECTOR SHALL FILL A VACANCY 2,681
OCCURRING BEFORE THE EXPIRATION OF A TERM FOR THE REMAINDER OF 2,682
THAT TERM. A MEMBER MAY BE REAPPOINTED, BUT A MEMBER MAY SERVE 2,683
NO MORE THAN TWO CONSECUTIVE TERMS REGARDLESS OF THE LENGTH OF 2,684
THE MEMBER'S INITIAL TERM. A MEMBER MAY BE REMOVED FOR GOOD 2,685
CAUSE SHOWN AFTER A FULL AND OPEN HEARING BY THE RELEASE 2,686
AUTHORITY, IF REQUESTED BY THE MEMBER, AT WHICH THE MEMBER HAS AN 2,688
OPPORTUNITY TO RESPOND TO THE ALLEGATIONS THAT PROVIDE THE BASIS 2,689
FOR A CALL FOR REMOVAL.
(D) THE DIRECTOR SHALL DESIGNATE AS CHAIRPERSON OF THE 2,692
RELEASE AUTHORITY ONE OF THE MEMBERS WHO HAS EXPERIENCE IN 2,693
CRIMINAL JUSTICE, JUVENILE JUSTICE, OR AN EQUIVALENT RELEVANT 2,694
PROFESSION. THE CHAIRPERSON SHALL HAVE FULL AUTHORITY OVER THE 2,695
ADMINISTRATION AND MANAGEMENT OF THE RELEASE AUTHORITY, SHALL 2,696
67
PERFORM ALL DUTIES AND FUNCTIONS NECESSARY TO ENSURE THAT THE 2,697
RELEASE AUTHORITY DISCHARGES ITS RESPONSIBILITIES, AND SHALL ACT 2,698
AS THE APPOINTING AUTHORITY FOR ALL STAFF OF THE RELEASE 2,699
AUTHORITY. THE CHAIRPERSON SHALL EMPLOY STAFF AS NECESSARY TO 2,700
CARRY OUT THE DUTIES OF THE RELEASE AUTHORITY, INCLUDING HEARING 2,701
REPRESENTATIVES TO PARTICIPATE IN THE HEARING OF CASES ON REVIEW 2,702
AND PERSONS TO PROVIDE ADMINISTRATIVE SUPPORT. THE CHAIRPERSON 2,703
SHALL SERVE AS THE OFFICIAL SPOKESPERSON FOR THE RELEASE 2,704
AUTHORITY. 2,705
(E) A MAJORITY OF THE MEMBERS OF THE RELEASE AUTHORITY 2,708
SHALL CONSTITUTE A QUORUM FOR TRANSACTING THE OFFICIAL BUSINESS 2,709
OF THE AUTHORITY. THE ACTIONS OF THE RELEASE AUTHORITY SHALL BE 2,710
DETERMINED BY A MAJORITY VOTE OF THE QUORUM. 2,711
(F) THE RELEASE AUTHORITY SHALL DO ALL OF THE FOLLOWING: 2,714
(1) SERVE AS THE FINAL AND SOLE AUTHORITY FOR MAKING 2,716
DECISIONS, IN THE INTERESTS OF PUBLIC SAFETY AND THE CHILDREN 2,717
INVOLVED, REGARDING THE RELEASE, REVOCATION OF RELEASE, AND 2,718
DISCHARGE OF ALL CHILDREN COMMITTED TO THE LEGAL CUSTODY OF THE 2,719
DEPARTMENT OF YOUTH SERVICES, EXCEPT CHILDREN PLACED ON JUDICIAL 2,720
RELEASE OR EARLY RELEASE BY A JUVENILE COURT, CHILDREN WHO HAVE 2,721
NOT COMPLETED A PRESCRIBED MINIMUM PERIOD OF TIME OR PRESCRIBED 2,722
PERIOD OF TIME IN A SECURE FACILITY, OR CHILDREN WHO ARE REQUIRED 2,723
TO REMAIN IN A SECURE FACILITY UNTIL THEY ATTAIN TWENTY-ONE YEARS 2,724
OF AGE;
(2) ESTABLISH WRITTEN POLICIES AND PROCEDURES FOR 2,726
CONDUCTING A PERIODIC REVIEW OF THE STATUS OF EACH CHILD IN THE 2,727
CUSTODY OF THE DEPARTMENT, SETTING OR MODIFYING DATES OF RELEASE 2,728
AND DISCHARGE FOR EACH CHILD, SPECIFYING THE DURATION, TERMS, AND 2,729
CONDITIONS OF RELEASE TO BE CARRIED OUT IN SUPERVISED RELEASE, 2,730
AND GIVING A CHILD NOTICE OF ALL REVIEWS; 2,731
(3) PROVIDE A CHILD WHOSE SUPERVISED RELEASE MAY BE 2,733
REVOKED WITH THE OPPORTUNITY TO APPEAR PERSONALLY BEFORE THE 2,734
RELEASE AUTHORITY FOR A REVOCATION HEARING; 2,735
(4) MAINTAIN RECORDS OF ITS OFFICIAL ACTIONS, DECISIONS, 2,738
68
ORDERS, AND HEARING SUMMARIES AND MAKE THE RECORDS ACCESSIBLE IN 2,739
ACCORDANCE WITH DIVISION (D) OF SECTION 5139.05 OF THE REVISED 2,740
CODE;
(5) COOPERATE WITH PUBLIC AND PRIVATE AGENCIES, 2,742
COMMUNITIES, PRIVATE GROUPS, AND INDIVIDUALS FOR THE DEVELOPMENT 2,743
AND IMPROVEMENT OF ITS SERVICES; 2,744
(6) COLLECT, DEVELOP, AND MAINTAIN STATISTICAL INFORMATION 2,747
REGARDING ITS SERVICES AND DECISIONS;
(7) SUBMIT AN ANNUAL REPORT TO THE DIRECTOR INCLUDING A 2,750
DESCRIPTION OF THE OPERATIONS OF THE RELEASE AUTHORITY, AN
EVALUATION OF ITS EFFECTIVENESS, RECOMMENDATIONS FOR STATUTORY, 2,751
BUDGETARY, OR OTHER CHANGES NECESSARY TO IMPROVE ITS 2,752
EFFECTIVENESS, AND ANY OTHER INFORMATION REQUIRED BY THE 2,753
DIRECTOR;
(8) ADOPT RULES AND WRITTEN POLICIES AND PROCEDURES TO 2,755
GOVERN ITS OPERATIONS. 2,756
(G) THE RELEASE AUTHORITY MAY DO THE FOLLOWING: 2,759
(1) CONDUCT INQUIRIES, INVESTIGATIONS, AND REVIEWS AND 2,762
HOLD HEARINGS AND OTHER PROCEEDINGS NECESSARY TO PROPERLY
DISCHARGE ITS RESPONSIBILITIES; 2,763
(2) ISSUE SUBPOENAS, ENFORCEABLE IN A COURT OF LAW, TO 2,765
COMPEL A PERSON TO APPEAR, GIVE TESTIMONY, OR PRODUCE DOCUMENTARY 2,767
INFORMATION OR OTHER TANGIBLE ITEMS RELATING TO A MATTER UNDER 2,768
INQUIRY, INVESTIGATION, REVIEW, OR HEARING;
(3) ADMINISTER OATHS AND RECEIVE TESTIMONY OF PERSONS 2,770
UNDER OATH; 2,771
(4) REQUEST ASSISTANCE, SERVICES, AND INFORMATION FROM A 2,774
PUBLIC AGENCY TO ENABLE THE AUTHORITY TO DISCHARGE ITS
RESPONSIBILITIES AND RECEIVE THE ASSISTANCE, SERVICES, AND 2,775
INFORMATION FROM THE PUBLIC AGENCY IN A REASONABLE PERIOD OF 2,776
TIME;
(5) REQUEST FROM A PUBLIC AGENCY OR OTHER ENTITY THAT 2,778
PROVIDES OR HAS PROVIDED SERVICES TO A CHILD COMMITTED TO THE 2,779
DEPARTMENT'S LEGAL CUSTODY INFORMATION TO ENABLE THE RELEASE 2,780
69
AUTHORITY TO PROPERLY DISCHARGE ITS RESPONSIBILITIES WITH RESPECT 2,782
TO THAT CHILD AND RECEIVE THE INFORMATION FROM THE PUBLIC AGENCY
OR OTHER ENTITY IN A REASONABLE PERIOD OF TIME; 2,783
(6) REQUIRE VICTIM RESTITUTION AS A TERM AND CONDITION OF 2,786
RELEASE AND DISCHARGE;
(7) REQUIRE THAT THE TERMS AND CONDITIONS OF A CHILD'S 2,788
RELEASE BE ENFORCED DURING THE PERIOD OF SUPERVISED RELEASE UNTIL 2,790
DISCHARGE;
(8) BY WARRANT OR ORDER OF APPREHENSION, CAUSE THE ARREST 2,792
OF A CHILD ON SUPERVISED RELEASE WHO MAY BE SUBJECT TO REVOCATION 2,794
OF RELEASE;
(9) EXERCISE ANY OTHER POWERS NECESSARY TO DISCHARGE ITS 2,797
RESPONSIBILITIES.
(H) THE RELEASE AUTHORITY SHALL ADOPT SPECIFIC WRITTEN 2,799
POLICIES GOVERNING THE DISCHARGE OF ITS RESPONSIBILITIES EITHER 2,801
BY THE FULL MEMBERSHIP OF THE AUTHORITY OR BY THE DELEGATION OF 2,802
AUTHORITY TO ONE OR MORE MEMBERS OF THE RELEASE AUTHORITY OR TO 2,803
HEARING REPRESENTATIVES. THE POLICY SHALL REQUIRE THAT A HEARING 2,804
BE CONDUCTED BY NOT FEWER THAN TWO MEMBERS OF THE RELEASE 2,805
AUTHORITY, TWO HEARING REPRESENTATIVES, OR A COMBINATION OF A 2,806
MEMBER OF THE AUTHORITY AND A HEARING REPRESENTATIVE. 2,807
(I) THE RELEASE AUTHORITY SHALL NOT DELEGATE ITS AUTHORITY 2,810
TO MAKE FINAL DECISIONS REGARDING POLICY OR REGARDING THE RELEASE 2,811
OF A CHILD OR THE REVOCATION OF A RELEASE. 2,812
(J) THE RELEASE AUTHORITY SHALL ADOPT A WRITTEN POLICY AND 2,814
PROCEDURES GOVERNING APPEALS OF ITS DECISIONS. THE POLICY SHALL 2,816
PROVIDE THAT A CHILD MAY APPEAL TO THE FULL RELEASE AUTHORITY A 2,817
DECISION DENYING RELEASE OR DISCHARGE OR A DECISION FOR 2,818
REVOCATION MADE AT A HEARING CONDUCTED BY A PANEL THAT DOES NOT 2,819
INCLUDE ALL OF THE MEMBERS OF THE RELEASE AUTHORITY. THE POLICY 2,820
ALSO SHALL PROVIDE THAT IF A DECISION DENYING RELEASE OR 2,821
DISCHARGE OR A DECISION FOR REVOCATION IS MADE BY THE FULL 2,822
RELEASE AUTHORITY, THE CHILD MAY REQUEST ONE APPEAL HEARING AT 2,823
WHICH THE CHILD SHALL BE AFFORDED A FINAL OPPORTUNITY TO PRESENT 2,824
70
NEW OR ADDITIONAL INFORMATION RELATED TO ANY OF THE REASONS 2,825
ENUMERATED BY THE RELEASE AUTHORITY IN THE DECISION UNDER APPEAL. 2,826
THE RELEASE AUTHORITY SHALL CONSIDER AN APPEAL IN ACCORDANCE WITH 2,827
THE POLICY AND PROCEDURE ESTABLISHED UNDER THIS DIVISION. 2,828
(K) THE LEGAL STAFF OF THE DEPARTMENT OF YOUTH SERVICES 2,831
SHALL PROVIDE ASSISTANCE TO THE RELEASE AUTHORITY IN THE 2,832
FORMULATION OF POLICY AND IN ITS HANDLING OF INDIVIDUAL CASES AND 2,833
SHALL PROVIDE LEGAL REPRESENTATION FOR THE RELEASE AUTHORITY WHEN 2,834
NECESSARY. THE DEPARTMENT OF YOUTH SERVICES SHALL PROVIDE THE 2,835
RELEASE AUTHORITY WITH A BUDGET SUFFICIENT TO PROPERLY PERFORM 2,836
ITS OBLIGATIONS AND RESPONSIBILITIES, SUBJECT TO ADMINISTRATIVE 2,837
CONTROLS.
Sec. 5139.51. (A) THE RELEASE AUTHORITY OF THE DEPARTMENT 2,839
OF YOUTH SERVICES SHALL CONDUCT PERIODIC REVIEWS OF THE CASE OF 2,840
EACH CHILD WHO IS IN THE CUSTODY OF THE DEPARTMENT OF YOUTH 2,842
SERVICES AND WHO IS ELIGIBLE FOR SUPERVISED RELEASE OR DISCHARGE 2,843
AFTER COMPLETING THE MINIMUM PERIOD OF TIME OR PERIOD OF TIME IN
A SECURE FACILITY PRESCRIBED BY THE COMMITTING COURT. AT LEAST 2,844
THIRTY DAYS PRIOR TO CONDUCTING A PERIODIC REVIEW OF THE CASE OF 2,845
A CHILD WHO WAS COMMITTED TO THE DEPARTMENT FOR COMMITTING AN ACT 2,846
THAT IS A CATEGORY ONE OR CATEGORY TWO OFFENSE, THE RELEASE 2,847
AUTHORITY SHALL GIVE NOTICE OF THE REVIEW TO THE COURT THAT 2,848
COMMITTED THE CHILD AND TO THE PROSECUTING ATTORNEY IN THE CASE.
IF THE COURT OR PROSECUTING ATTORNEY BELIEVES THAT THE RELEASE 2,849
AUTHORITY SHOULD NOT PLACE THE CHILD ON SUPERVISED RELEASE OR 2,850
DISCHARGE THE CHILD, THE COURT OR PROSECUTING ATTORNEY MAY SUBMIT 2,851
TO THE RELEASE AUTHORITY WRITTEN OBJECTIONS TO THE SUPERVISED 2,852
RELEASE OR DISCHARGE OF THAT CHILD. IN CONDUCTING THE REVIEW OF 2,853
THE CHILD'S CASE, THE RELEASE AUTHORITY SHALL CONSIDER ANY 2,854
OBJECTIONS SO SUBMITTED.
THE RELEASE AUTHORITY SHALL DETERMINE THE DATE ON WHICH A 2,856
CHILD MAY BE PLACED ON SUPERVISED RELEASE OR DISCHARGED. IT 2,857
SHALL SET TERMS AND CONDITIONS OF SUPERVISED RELEASE FOR EACH 2,858
CHILD PLACED ON SUPERVISED RELEASE. WHEN IT ISSUES A DECISION 2,859
71
THAT GRANTS OR DENIES THE SUPERVISED RELEASE OR DISCHARGE OF A 2,860
CHILD, IT SHALL PROVIDE THE CHILD WITH A WRITTEN RECORD OF THE 2,861
REASONS FOR THE DECISION. 2,862
(B) WHEN THE RELEASE AUTHORITY DECIDES TO PLACE A CHILD ON 2,865
SUPERVISED RELEASE, IT SHALL PREPARE A WRITTEN DOCUMENT THAT 2,866
SPECIFIES THE TERMS AND CONDITIONS UPON WHICH THE CHILD IS 2,867
RELEASED FROM A SECURE FACILITY TO SUPERVISED RELEASE. THE CHILD 2,868
SHALL SIGN A COPY OF THE DOCUMENT TO INDICATE THE CHILD'S 2,869
AGREEMENT TO ABIDE BY THE TERMS AND CONDITIONS OF SUPERVISED 2,870
RELEASE. THE RELEASE AUTHORITY SHALL KEEP THE ORIGINAL DOCUMENT 2,871
IN THE CHILD'S FILE AND PROVIDE A COPY TO THE CHILD, THE EMPLOYEE 2,872
OF THE DEPARTMENT ASSIGNED TO SUPERVISE AND ASSIST THE CHILD ON 2,873
RELEASE, AND THE VICTIM OR VICTIM'S REPRESENTATIVE IF THAT PERSON 2,874
HAS REQUESTED NOTICE PURSUANT TO SECTION 5139.56 OF THE REVISED 2,875
CODE.
(C) IN ADDITION TO REQUIREMENTS THAT ARE REASONABLY 2,878
RELATED TO THE CHILD'S PRIOR PATTERN OF CRIMINAL OR DELINQUENT 2,879
BEHAVIOR AND THE PREVENTION OF FURTHER CRIMINAL OR DELINQUENT 2,880
BEHAVIOR, THE RELEASE AUTHORITY SHALL SPECIFY THE FOLLOWING 2,881
REQUIREMENTS FOR EACH CHILD WHOM IT RELEASES:
(1) THE CHILD SHALL OBSERVE THE LAW. 2,883
(2) THE CHILD SHALL MAINTAIN APPROPRIATE CONTACT, AS 2,885
SPECIFIED IN THE WRITTEN DOCUMENT FOR THAT CHILD, WITH THE 2,886
EMPLOYEE OF THE DEPARTMENT ASSIGNED TO SUPERVISE AND ASSIST THE 2,887
CHILD. 2,888
(3) IF THE CHILD'S RESIDENCE CHANGES, THE CHILD SHALL 2,890
NOTIFY THE EMPLOYEE OF THE DEPARTMENT ASSIGNED TO SUPERVISE AND 2,891
ASSIST THE CHILD AND PROVIDE APPROPRIATE INFORMATION REGARDING 2,892
THE CHILD'S NEW RESIDENCE ADDRESS. 2,893
(D) THE EMPLOYEE OF THE DEPARTMENT ASSIGNED TO SUPERVISE 2,895
AND ASSIST A CHILD ON RELEASE MAY SUBMIT A WRITTEN REQUEST TO THE 2,897
RELEASE AUTHORITY FOR MODIFICATION OF THE TERMS AND CONDITIONS OF 2,898
THE CHILD'S SUPERVISED RELEASE, OTHER THAN THE TERMS SPECIFIED IN 2,899
DIVISION (C) OF THIS SECTION. THE RELEASE AUTHORITY MAY GRANT A 2,901
72
MODIFICATION IN WRITING WITHOUT A HEARING IF THE MODIFICATION IS 2,902
IN THE BEST INTERESTS OF PUBLIC SAFETY AND THE CHILD. THE 2,903
RELEASE AUTHORITY SHALL KEEP THE ORIGINAL DOCUMENT SPECIFYING 2,904
MODIFICATIONS TO THE TERMS AND CONDITIONS OF THE CHILD'S 2,905
SUPERVISED RELEASE IN THE CHILD'S FILE AND SHALL GIVE WRITTEN 2,906
NOTICE OF THE MODIFICATIONS TO THE CHILD, THE EMPLOYEE OF THE 2,907
DEPARTMENT ASSIGNED TO SUPERVISE AND ASSIST THE CHILD ON RELEASE, 2,908
AND THE VICTIM OR VICTIM'S REPRESENTATIVE IF THAT PERSON HAS 2,909
REQUESTED NOTICE.
(E) THE PERIOD OF A CHILD'S SUPERVISED RELEASE MAY EXTEND 2,912
FROM THE DATE OF RELEASE FROM A SECURE FACILITY UNTIL THE CHILD 2,913
ATTAINS TWENTY-ONE YEARS OF AGE. IF THE PERIOD OF SUPERVISED 2,914
RELEASE EXTENDS BEYOND ONE YEAR AFTER THE DATE OF RELEASE OR 2,915
AFTER ANY MINIMUM PERIOD OR PERIOD OF INSTITUTIONALIZATION 2,916
REQUIRED BY LAW, THE CHILD MAY REQUEST IN WRITING THAT THE 2,917
RELEASE AUTHORITY CONDUCT A DISCHARGE REVIEW AFTER THE EXPIRATION 2,918
OF THE ONE-YEAR PERIOD OR THE MINIMUM PERIOD OR PERIOD. IF THE 2,919
CHILD SO REQUESTS, THE RELEASE AUTHORITY SHALL CONDUCT A 2,920
DISCHARGE REVIEW AND GIVE THE CHILD ITS DECISION IN WRITING. THE 2,921
RELEASE AUTHORITY SHALL NOT GRANT A DISCHARGE PRIOR TO THE
DISCHARGE DATE IF IT FINDS GOOD CAUSE FOR RETAINING THE CHILD IN 2,922
THE CUSTODY OF THE DEPARTMENT UNTIL THE DISCHARGE DATE. A CHILD 2,923
MAY REQUEST AN ADDITIONAL DISCHARGE REVIEW SIX MONTHS AFTER THE 2,924
DATE OF A PREVIOUS DISCHARGE REVIEW DECISION, BUT NOT MORE THAN 2,925
ONCE DURING ANY SIX-MONTH PERIOD AFTER THE DATE OF A PREVIOUS 2,926
DISCHARGE REVIEW DECISION. 2,927
(F) WHEN THE RELEASE AUTHORITY PLACES A CHILD ON 2,930
SUPERVISED RELEASE OR DISCHARGES A CHILD, IT SHALL GIVE NOTICE OF 2,931
THE SUPERVISED RELEASE AND ITS TERMS AND CONDITIONS OR OF THE 2,932
DISCHARGE TO THE COURT THAT COMMITTED THE CHILD TO THE CUSTODY OF 2,933
THE DEPARTMENT.
(G) AT LEAST TWO WEEKS BEFORE THE RELEASE AUTHORITY PLACES 2,935
ON SUPERVISED RELEASE OR DISCHARGES A CHILD WHO WAS COMMITTED TO 2,936
THE DEPARTMENT FOR COMMITTING AN ACT THAT IS A CATEGORY ONE OR 2,937
73
CATEGORY TWO OFFENSE, THE RELEASE AUTHORITY SHALL NOTIFY BOTH OF 2,938
THE FOLLOWING OF THE RELEASE OR DISCHARGE: 2,939
(1) THE PROSECUTING ATTORNEY OF THE COUNTY IN WHICH THE 2,941
CHILD WAS ADJUDICATED A DELINQUENT CHILD AND COMMITTED TO THE 2,942
CUSTODY OF THE DEPARTMENT; 2,943
(2) WHICHEVER OF THE FOLLOWING IS APPLICABLE: 2,945
(a) IF UPON THE SUPERVISED RELEASE OR DISCHARGE THE CHILD 2,947
WILL RESIDE IN A MUNICIPAL CORPORATION, THE CHIEF OF POLICE OR 2,948
OTHER CHIEF LAW ENFORCEMENT OFFICER OF THAT MUNICIPAL 2,949
CORPORATION;
(b) IF UPON THE SUPERVISED RELEASE OR DISCHARGE THE CHILD 2,951
WILL RESIDE IN AN UNINCORPORATED AREA OF A COUNTY, THE SHERIFF OF 2,952
THAT COUNTY.
Sec. 5139.52. (A) THE RELEASE AUTHORITY OF THE DEPARTMENT 2,954
OF YOUTH SERVICES MAY REVOKE THE SUPERVISED RELEASE OF A CHILD 2,956
AFTER A HEARING IF IT FINDS THAT THE CHILD HAS VIOLATED THE LAW 2,957
OR ANY TERM OR CONDITION OF THE CHILD'S SUPERVISED RELEASE. 2,958
(B) AT ANY TIME DURING A CHILD'S SUPERVISED RELEASE, IF 2,960
THE REGIONAL ADMINISTRATOR OR THE EMPLOYEE OF THE DEPARTMENT 2,962
ASSIGNED TO SUPERVISE AND ASSIST THE CHILD HAS REASONABLE GROUNDS 2,963
TO BELIEVE THAT THE CHILD HAS VIOLATED A CONDITION OR TERM OF THE 2,964
SUPERVISED RELEASE, THE ADMINISTRATOR OR EMPLOYEE MAY ISSUE A 2,965
SUMMONS THAT REQUIRES THE CHILD TO APPEAR FOR A HEARING TO ANSWER 2,966
CHARGES OF THE ALLEGED VIOLATION. THE SUMMONS SHALL CONTAIN A 2,967
BRIEF STATEMENT OF THE ALLEGED VIOLATION, INCLUDING THE DATE AND 2,968
PLACE OF THE VIOLATION, AND SHALL REQUIRE THE CHILD TO APPEAR FOR 2,969
A HEARING BEFORE THE RELEASE AUTHORITY AT A SPECIFIC DATE, TIME, 2,970
AND PLACE. THE SUMMONS MAY BE PERSONALLY SERVED BY AN EMPLOYEE 2,971
OF THE DEPARTMENT OF YOUTH SERVICES. THE RELEASE AUTHORITY SHALL 2,973
REGARD THE FAILURE OF A CHILD TO APPEAR FOR THE HEARING STATED IN 2,974
THE SUMMONS AS A VIOLATION OF THE CHILD'S SUPERVISED RELEASE. 2,975
(C)(1) AT ANY TIME WHILE A CHILD IS ON SUPERVISED RELEASE, 2,977
A MEMBER OF THE RELEASE AUTHORITY, A REGIONAL ADMINISTRATOR, OR A 2,978
DESIGNEE OF A REGIONAL ADMINISTRATOR MAY ISSUE, OR CAUSE TO BE 2,979
74
ISSUED, AN ORDER OF APPREHENSION FOR THE ARREST OF A CHILD FOR 2,980
THE ALLEGED VIOLATION OF A CONDITION OR TERM OF THE CHILD'S 2,982
SUPERVISED RELEASE. THE ORDER OF APPREHENSION SHALL SET FORTH 2,984
THAT, IN THE GOOD FAITH JUDGMENT OF THE MEMBER OR STAFF MEMBER, 2,985
THE CHILD HAS VIOLATED A TERM OR CONDITION OF THE CHILD'S 2,986
SUPERVISED RELEASE, SHALL STATE THE BASIS FOR THAT BELIEF, AND 2,987
SHALL ORDER THAT THE CHILD BE TAKEN TO AN APPROPRIATE PLACE OF 2,988
SECURE DETENTION PENDING A PROBABLE CAUSE DETERMINATION. AS AN 2,989
ALTERNATIVE TO AN ORDER OF APPREHENSION FOR THE CHILD, A REGIONAL 2,990
ADMINISTRATOR OR THE EMPLOYEE OF THE DEPARTMENT ASSIGNED TO 2,991
SUPERVISE AND ASSIST THE CHILD MAY REQUEST A COURT TO ISSUE A 2,992
WARRANT FOR THE ARREST OF THE CHILD.
(2) A STAFF MEMBER DESIGNATED BY THE DIRECTOR PURSUANT TO 2,995
SECTION 5139.53 OF THE REVISED CODE, A PEACE OFFICER, OR ANY
OTHER OFFICER WITH THE POWER TO ARREST MAY EXECUTE A WARRANT OR 2,996
ORDER OF APPREHENSION REQUESTED OR ISSUED UNDER THIS SECTION AND 2,998
TAKE THE CHILD INTO SECURE CUSTODY. 2,999
(3) IF THE PERSON ORDERED TO BE TAKEN TO A PLACE OF SECURE 3,002
DETENTION IS EIGHTEEN, NINETEEN, OR TWENTY YEARS OF AGE, THE
PERSON MAY BE CONFINED IN THE JAIL OF THE COUNTY IN WHICH THE 3,003
PERSON IS TAKEN INTO CUSTODY. IF THE PERSON ORDERED TO BE TAKEN 3,005
TO A PLACE OF SECURE DETENTION IS UNDER EIGHTEEN YEARS OF AGE, 3,006
THE PERSON MAY BE CONFINED IN THE NEAREST JUVENILE DETENTION 3,007
FACILITY.
(D) A STAFF MEMBER DESIGNATED BY THE DIRECTOR OF YOUTH 3,010
SERVICES PURSUANT TO SECTION 5139.53 OF THE REVISED CODE, A PEACE 3,011
OFFICER, OR ANY OTHER OFFICER WITH THE POWER TO ARREST MAY ARREST 3,012
WITHOUT A WARRANT OR ORDER OF APPREHENSION AND TAKE INTO SECURE 3,013
CUSTODY A CHILD IN THE LEGAL CUSTODY OF THE DEPARTMENT IN ANY OF 3,015
THE FOLLOWING CIRCUMSTANCES: 3,016
(1) THE CHILD HAS COMMITTED OR IS COMMITTING AN OFFENSE IN 3,019
THE PRESENCE OF THE STAFF MEMBER, PEACE OFFICER, OR OTHER 3,020
OFFICER.
(2) THERE IS PROBABLE CAUSE TO BELIEVE THAT THE CHILD HAS 3,023
75
VIOLATED A TERM OR CONDITION OF SUPERVISED RELEASE AND THAT THE 3,024
CHILD IS LEAVING OR IS ABOUT TO LEAVE THE STATE.
(3) THE CHILD HAS FAILED TO APPEAR BEFORE THE RELEASE 3,026
AUTHORITY PURSUANT TO A SUMMONS OR FAILED TO REPORT TO A SECURE 3,027
FACILITY UPON THE ORDER OF THE RELEASE AUTHORITY. 3,028
(4) THE ARREST OF THE CHILD IS NECESSARY TO PREVENT 3,030
PHYSICAL HARM TO ANOTHER PERSON OR TO THE CHILD. 3,031
(E) AN EMPLOYEE OF THE DEPARTMENT ASSIGNED TO SUPERVISE 3,034
AND ASSIST A CHILD WHILE ON SUPERVISED RELEASE OR ANOTHER STAFF 3,035
MEMBER DESIGNATED BY THE DIRECTOR OF YOUTH SERVICES PURSUANT TO 3,036
SECTION 5139.53 OF THE REVISED CODE, AS APPROPRIATE, PROMPTLY
SHALL NOTIFY THE RELEASE AUTHORITY IN WRITING WHEN A SUMMONS, 3,037
ORDER OF APPREHENSION, OR WARRANT IS SERVED OR AN ARREST IS MADE 3,039
PURSUANT TO THIS SECTION AND SHALL SPECIFY IN DETAIL HOW THE 3,040
CHILD HAS VIOLATED THE TERMS AND CONDITIONS OF SUPERVISED 3,041
RELEASE.
(F) WHEN A CHILD COMES BEFORE THE RELEASE AUTHORITY UPON A 3,044
SUMMONS, ORDER OF APPREHENSION, WARRANT, OR ARREST BASED UPON AN 3,046
ALLEGED VIOLATION OF A TERM OR CONDITION OF THE CHILD'S
SUPERVISED RELEASE, THE RELEASE AUTHORITY SHALL HOLD A HEARING IN 3,048
ACCORDANCE WITH RULES ADOPTED UNDER THIS SECTION. THE RELEASE 3,049
AUTHORITY IS NOT REQUIRED TO HOLD A HEARING IF THE CHILD ADMITS 3,050
TO, IS ADJUDICATED DELINQUENT FOR, OR IS CONVICTED OF OR PLEADS 3,051
GUILTY TO AN OFFENSE COMMITTED WHILE ON SUPERVISED RELEASE AND 3,052
UPON WHICH THE VIOLATION OF THE SUPERVISED RELEASE IS BASED. 3,053
IF THE RELEASE AUTHORITY FAILS TO MAKE A DETERMINATION 3,055
WITHIN A REASONABLE TIME IN THE CASE OF A CHILD ALLEGED TO HAVE 3,056
VIOLATED A TERM OR CONDITION OF SUPERVISED RELEASE, THE CHILD 3,058
SHALL BE RELEASED FROM CUSTODY UNDER THE CONTINUING TERMS AND 3,059
CONDITIONS OF THE CHILD'S SUPERVISED RELEASE.
(G) IF THE RELEASE AUTHORITY DETERMINES THAT A SERIOUS 3,062
VIOLATION OF A TERM OR CONDITION OF THE CHILD'S SUPERVISED 3,064
RELEASE HAS OCCURRED, THE RELEASE AUTHORITY AT THE CONCLUSION OF 3,065
THE HEARING SHALL ADVISE THE CHILD AND OTHER PARTIES OF ITS 3,066
76
FINDINGS AND DECISION. IF A VIOLATION OF SUPERVISED RELEASE IS 3,067
FOUND, THE RELEASE AUTHORITY, IN ADDITION TO MAKING ANY OTHER 3,068
DISPOSITION OF THE CHILD AUTHORIZED BY LAW THAT THE RELEASE 3,069
AUTHORITY CONSIDERS PROPER, MAY DO ONE OF THE FOLLOWING: 3,070
(1) CONSISTENT WITH THE ORIGINAL ORDER THAT COMMITTED THE 3,072
CHILD TO THE CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES, ORDER 3,073
THAT THE CHILD BE RETURNED TO A SECURE FACILITY OR OTHER 3,075
DESIGNATED SECURE OR NONSECURE RESIDENTIAL PROGRAM, INCLUDING A 3,076
COMMUNITY CORRECTIONS FACILITY;
(2) MODIFY THE TERMS AND CONDITIONS OF THE CHILD'S 3,078
SUPERVISED RELEASE, INCLUDING REQUIRING A MORE INTENSIVE DEGREE 3,079
OF SUPERVISION, AND RETURN THE YOUTH TO THE COMMUNITY. 3,080
(H) IF A CHILD VIOLATES THE TERMS AND CONDITIONS OF 3,082
SUPERVISED RELEASE BY ABSCONDING FROM SUPERVISED RELEASE, THE 3,083
REGIONAL ADMINISTRATOR SHALL REPORT THE ABSCONDING TO THE RELEASE 3,084
AUTHORITY IN WRITING, AND THE RELEASE AUTHORITY SHALL ENTER AN 3,085
ORDER DECLARING THE CHILD TO BE A YOUTH VIOLATOR AT LARGE. WHEN 3,086
A YOUTH VIOLATOR AT LARGE IS APPREHENDED AND IS AVAILABLE FOR 3,087
RETURN TO THE DEPARTMENT, THE REGIONAL ADMINISTRATOR, UPON BEING 3,088
ADVISED OF THE APPREHENSION, SHALL RECOMMEND TO THE RELEASE 3,089
AUTHORITY THAT THE CHILD BE RETURNED TO A SECURE FACILITY, BE 3,090
RETURNED TO A DESIGNATED SECURE OR NONSECURE RESIDENTIAL PROGRAM, 3,091
INCLUDING A COMMUNITY CORRECTIONS FACILITY, OR BE RESTORED TO 3,092
SUPERVISED RELEASE ACCORDING TO NEW OR MODIFIED TERMS AND 3,093
CONDITIONS. IF THE RELEASE AUTHORITY DOES NOT ORDER THAT THE 3,094
CHILD BE RETURNED TO SUPERVISION ACCORDING TO NEW OR MODIFIED 3,095
TERMS AND CONDITIONS OF SUPERVISED RELEASE, THE AUTHORITY SHALL 3,096
ORDER THAT THE CHILD BE RETURNED TO A SECURE FACILITY OR OTHER 3,097
DESIGNATED SECURE OR NONSECURE RESIDENTIAL PROGRAM, INCLUDING A 3,098
COMMUNITY CORRECTIONS FACILITY. 3,099
(I) IF A CHILD IS RETURNED TO A SECURE FACILITY OR OTHER 3,102
DESIGNATED SECURE OR NONSECURE RESIDENTIAL PROGRAM, INCLUDING A 3,103
COMMUNITY CORRECTIONS FACILITY, BECAUSE THE RELEASE AUTHORITY 3,104
REVOKED THE CHILD'S SUPERVISED RELEASE, THE DEPARTMENT OF YOUTH 3,105
77
SERVICES SHALL CONSIDER THE CHILD TO BE A PUBLIC SAFETY BED FOR 3,106
PURPOSES OF THIS CHAPTER. 3,107
(J) THE DEPARTMENT OF YOUTH SERVICES, IN ACCORDANCE WITH 3,111
CHAPTER 119. OF THE REVISED CODE, SHALL ADOPT RULES ESTABLISHING 3,112
PROCEDURES FOR A REVOCATION HEARING UNDER THIS SECTION. 3,113
Sec. 5139.53. (A)(1) THE DIRECTOR OF YOUTH SERVICES SHALL 3,116
DESIGNATE CERTAIN EMPLOYEES OF THE DEPARTMENT OF YOUTH SERVICES, 3,117
INCLUDING REGIONAL ADMINISTRATORS, AS PERSONS WHO ARE AUTHORIZED 3,118
TO ARREST, IN ACCORDANCE WITH SECTION 5139.52 OF THE REVISED 3,120
CODE, CHILDREN IN THE CUSTODY OF THE DEPARTMENT WHO ARE VIOLATING 3,122
OR ARE ALLEGED TO HAVE VIOLATED THE TERMS AND CONDITIONS OF 3,123
SUPERVISED RELEASE.
(2) THE DIRECTOR SHALL DESIGNATE SOME OF THE EMPLOYEES 3,125
DESIGNATED UNDER DIVISION (A)(1) OF THIS SECTION AS EMPLOYEES 3,127
AUTHORIZED TO CARRY A FIREARM ISSUED BY THE DEPARTMENT WHILE ON 3,128
DUTY FOR THEIR PROTECTION IN CARRYING OUT OFFICIAL DUTIES.
(B) AN EMPLOYEE DESIGNATED BY THE DIRECTOR PURSUANT TO 3,130
DIVISION (A)(2) OF THIS SECTION TO CARRY A FIREARM IN THE 3,131
DISCHARGE OF OFFICIAL DUTIES SHALL NOT CARRY A FIREARM UNTIL THE 3,133
EMPLOYEE HAS SUCCESSFULLY COMPLETED A BASIC FIREARM TRAINING 3,134
PROGRAM THAT IS CONDUCTED AT A TRAINING SCHOOL APPROVED BY THE 3,136
OHIO PEACE OFFICER TRAINING COUNCIL AND THAT IS SUBSTANTIALLY 3,137
SIMILAR TO THE BASIC FIREARM TRAINING PROGRAM FOR PEACE OFFICERS 3,138
CONDUCTED AT THE OHIO PEACE OFFICER TRAINING ACADEMY AND HAS 3,140
RECEIVED A CERTIFICATE OF SATISFACTORY COMPLETION OF THAT PROGRAM 3,141
FROM THE EXECUTIVE DIRECTOR OF THE OHIO PEACE OFFICER TRAINING 3,142
COUNCIL. 3,143
(C) AFTER RECEIPT OF A CERTIFICATE OF SATISFACTORY 3,146
COMPLETION OF A BASIC FIREARM TRAINING PROGRAM, TO MAINTAIN THE 3,147
RIGHT TO CARRY A FIREARM IN THE DISCHARGE OF OFFICIAL DUTIES, AN 3,148
EMPLOYEE AUTHORIZED UNDER THIS SECTION TO CARRY A FIREARM SHALL 3,149
SUCCESSFULLY COMPLETE A FIREARMS REQUALIFICATION PROGRAM IN 3,150
ACCORDANCE WITH SECTION 109.801 OF THE REVISED CODE.
(D) EACH EMPLOYEE AUTHORIZED TO CARRY A FIREARM SHALL GIVE 3,153
78
BOND TO THE STATE TO BE APPROVED BY THE CLERK OF THE COURT OF 3,154
COMMON PLEAS IN THE COUNTY OF THAT EMPLOYEE'S RESIDENCE. THE 3,155
BOND SHALL BE IN THE SUM OF ONE THOUSAND DOLLARS, CONDITIONED TO 3,156
SAVE THE PUBLIC HARMLESS BY REASON OF THE UNLAWFUL USE OF A 3,157
FIREARM. A PERSON INJURED OR THE FAMILY OF A PERSON KILLED BY 3,158
THE EMPLOYEE'S IMPROPER USE OF A FIREARM MAY HAVE RECOURSE ON THE 3,159
BOND.
(E) THE DIRECTOR OF YOUTH SERVICES SHALL ESTABLISH 3,162
POLICIES FOR THE CARRYING AND USE OF FIREARMS BY THE EMPLOYEES 3,163
THAT THE DIRECTOR DESIGNATES UNDER THIS SECTION. 3,164
Sec. 5139.54. (A) NOTWITHSTANDING ANY OTHER PROVISION FOR 3,166
DETERMINING WHEN A CHILD SHALL BE RELEASED OR DISCHARGED FROM THE 3,168
LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES, INCLUDING 3,169
JURISDICTIONAL PROVISIONS IN SECTION 2151.38 OF THE REVISED CODE, 3,170
THE RELEASE AUTHORITY, FOR MEDICAL REASONS, MAY RELEASE A CHILD 3,171
UPON SUPERVISED RELEASE OR DISCHARGE THE CHILD FROM THE CUSTODY 3,172
OF THE DEPARTMENT WHEN ANY OF THE FOLLOWING APPLIES: 3,173
(1) THE CHILD IS TERMINALLY ILL OR OTHERWISE IN IMMINENT 3,176
DANGER OF DEATH.
(2) THE CHILD IS INCAPACITATED DUE TO INJURY, DISEASE, 3,178
ILLNESS, OR OTHER MEDICAL CONDITION AND IS NO LONGER A THREAT TO 3,179
PUBLIC SAFETY. 3,180
(3) THE CHILD APPEARS TO BE A MENTALLY ILL PERSON SUBJECT 3,183
TO HOSPITALIZATION BY COURT ORDER OR A MENTALLY RETARDED PERSON
SUBJECT TO INSTITUTIONALIZATION BY COURT ORDER. 3,185
(B) WHEN CONSIDERING WHETHER TO RELEASE OR DISCHARGE A 3,188
CHILD FOR MEDICAL REASONS, THE RELEASE AUTHORITY MAY REQUEST 3,189
ADDITIONAL MEDICAL INFORMATION ABOUT THE CHILD OR MAY ASK THE 3,190
DEPARTMENT TO CONDUCT ADDITIONAL MEDICAL EXAMINATIONS. 3,191
(C) THE RELEASE AUTHORITY SHALL DETERMINE THE APPROPRIATE 3,194
LEVEL OF SUPERVISED RELEASE FOR A CHILD RELEASED UNDER THIS 3,195
SECTION. THE TERMS AND CONDITIONS OF THE RELEASE MAY REQUIRE 3,196
PERIODIC MEDICAL REEVALUATIONS AS APPROPRIATE. UPON GRANTING A 3,198
RELEASE OR DISCHARGE UNDER THIS SECTION, THE RELEASE AUTHORITY
79
SHALL GIVE NOTICE OF THE RELEASE AND ITS TERMS AND CONDITIONS OR 3,199
OF THE DISCHARGE TO THE COURT THAT COMMITTED THE CHILD TO THE 3,200
CUSTODY OF THE DEPARTMENT. 3,201
(D) THE RELEASE AUTHORITY SHALL SUBMIT ANNUALLY TO THE 3,204
DIRECTOR OF YOUTH SERVICES A REPORT THAT INCLUDES ALL OF THE 3,205
FOLLOWING INFORMATION FOR THE PREVIOUS CALENDAR YEAR: 3,206
(1) THE NUMBER OF CHILDREN THE RELEASE AUTHORITY 3,208
CONSIDERED FOR MEDICAL RELEASE OR DISCHARGE; 3,209
(2) THE NATURE OF THE INJURY, DISEASE, ILLNESS, OR OTHER 3,211
MEDICAL CONDITION OF EACH CHILD CONSIDERED FOR MEDICAL RELEASE OR 3,212
DISCHARGE; 3,213
(3) THE DECISION MADE BY THE RELEASE AUTHORITY FOR EACH 3,215
CHILD, INCLUDING THE REASONS FOR DENYING MEDICAL RELEASE OR 3,216
DISCHARGE OR FOR GRANTING IT; 3,217
(4) THE NUMBER OF CHILDREN ON MEDICAL RELEASE WHO WERE 3,219
RETURNED TO A SECURE FACILITY OR WHOSE SUPERVISED RELEASE WAS 3,220
REVOKED. 3,221
Sec. 5139.55. (A) THE OFFICE OF VICTIMS' SERVICES IS 3,224
HEREBY CREATED WITHIN THE RELEASE AUTHORITY OF THE DEPARTMENT OF 3,225
YOUTH SERVICES. THE OFFICE OF VICTIMS' SERVICES SHALL PROVIDE 3,226
ASSISTANCE TO VICTIMS OF ACTS FOR WHICH A CHILD HAS BEEN 3,227
ADJUDICATED A DELINQUENT CHILD AND COMMITTED TO THE LEGAL CUSTODY 3,228
OF THE DEPARTMENT, VICTIMS' REPRESENTATIVES, AND MEMBERS OF A 3,229
VICTIM'S FAMILY. THE ASSISTANCE SHALL INCLUDE, BUT NOT BE 3,230
LIMITED TO, PROVIDING INFORMATION ABOUT THE POLICIES AND 3,231
PROCEDURES OF THE DEPARTMENT OF YOUTH SERVICES AND THE STATUS OF
CHILDREN IN THE LEGAL CUSTODY OF THE DEPARTMENT. THE OFFICE 3,232
SHALL MAKE AVAILABLE PUBLICATIONS TO ASSIST VICTIMS IN CONTACTING 3,234
STAFF OF THE DEPARTMENT ABOUT PROBLEMS WITH CHILDREN ON 3,235
SUPERVISED RELEASE OR IN A SECURE FACILITY.
(B) THE OFFICE OF VICTIMS' SERVICES SHALL EMPLOY A VICTIMS 3,238
COORDINATOR WHO SHALL ADMINISTER THE DUTIES OF THE OFFICE. THE 3,239
VICTIMS COORDINATOR SHALL BE IN THE UNCLASSIFIED CIVIL SERVICE 3,240
AND, AS A MANAGING OFFICER OF THE DEPARTMENT, SHALL REPORT 3,241
80
DIRECTLY TO THE CHAIRPERSON OF THE RELEASE AUTHORITY. THE OFFICE 3,242
SHALL EMPLOY OTHER STAFF MEMBERS TO ASSIST THE MEMBERS OF THE 3,243
RELEASE AUTHORITY AND HEARING REPRESENTATIVES IN IDENTIFYING 3,244
VICTIMS' ISSUES, ENSURE THAT THE RELEASE AUTHORITY UPHOLDS THE 3,245
PROVISIONS OF SECTION 5139.56 OF THE REVISED CODE, AND MAKE 3,246
RECOMMENDATIONS TO THE RELEASE AUTHORITY IN ACCORDANCE WITH 3,247
POLICIES ADOPTED BY THE DEPARTMENT. THE CHAIRPERSON OF THE 3,248
RELEASE AUTHORITY SHALL APPROVE THE HIRING OF THE EMPLOYEES OF 3,249
THE OFFICE.
(C) THE OFFICE OF VICTIMS' SERVICES SHALL COORDINATE ITS 3,252
ACTIVITIES WITH THE CHAIRPERSON OF THE RELEASE AUTHORITY. THE 3,253
VICTIMS COORDINATOR AND OTHER EMPLOYEES OF THE OFFICE SHALL HAVE 3,254
FULL ACCESS TO THE RECORDS OF CHILDREN IN THE LEGAL CUSTODY OF 3,255
THE DEPARTMENT.
Sec. 5139.56. (A) THE VICTIM OF AN ACT FOR WHICH A CHILD 3,257
HAS BEEN COMMITTED TO THE LEGAL CUSTODY OF THE DEPARTMENT OF 3,259
YOUTH SERVICES MAY SUBMIT A WRITTEN REQUEST TO THE RELEASE 3,260
AUTHORITY TO NOTIFY THE VICTIM OF ALL RELEASE, REVOCATION, AND 3,261
DISCHARGE REVIEWS RELATING TO THE CHILD. IF THE VICTIM IS A 3,262
MINOR, IS INCAPACITATED, INCOMPETENT, OR DECEASED, OR CHOOSES TO 3,263
BE REPRESENTED BY ANOTHER PERSON, THE VICTIM MAY DESIGNATE A 3,264
PERSON TO ACT ON THE VICTIM'S BEHALF AS A VICTIM'S REPRESENTATIVE 3,265
AND TO REQUEST AND RECEIVE THE NOTICES. IF MORE THAN ONE PERSON 3,266
SEEKS TO ACT AS THE REPRESENTATIVE OF THE VICTIM, THE RELEASE 3,267
AUTHORITY SHALL DESIGNATE ONE PERSON TO ACT AS THE VICTIM'S 3,268
REPRESENTATIVE. IF THE VICTIM CHOOSES NOT TO HAVE A 3,269
REPRESENTATIVE, THE VICTIM SHALL BE THE SOLE PERSON ACCORDED 3,270
RIGHTS UNDER THIS SECTION. THE RELEASE AUTHORITY MAY GIVE NOTICE 3,271
BY ANY MEANS REASONABLY CALCULATED TO PROVIDE PROMPT ACTUAL 3,272
NOTICE.
THE VICTIM OR VICTIM'S REPRESENTATIVE SHALL PROVIDE THE 3,274
RELEASE AUTHORITY AN ADDRESS OR TELEPHONE NUMBER AT WHICH NOTICE 3,275
MAY BE GIVEN AND SHALL NOTIFY THE RELEASE AUTHORITY OF ANY 3,276
CHANGES IN THAT INFORMATION. IF AT ANY TIME THE VICTIM OR 3,277
81
VICTIM'S REPRESENTATIVE ELECTS TO WAIVE NOTICE AND OTHER RIGHTS 3,278
AFFORDED BY THIS SECTION, THE VICTIM OR VICTIM'S REPRESENTATIVE 3,279
MAY DO SO IN A WRITTEN STATEMENT TO THE RELEASE AUTHORITY. 3,281
(B) IF A VICTIM OR VICTIM'S REPRESENTATIVE HAS REQUESTED 3,284
NOTICE OF PENDING REVIEWS, THE RELEASE AUTHORITY SHALL GIVE THAT 3,285
PERSON NOTICE OF A REVIEW AT LEAST TWENTY-ONE DAYS PRIOR TO THE 3,286
DATE OF THE REVIEW. THE NOTICE SHALL SPECIFY THE DATE OF THE 3,287
REVIEW, INCLUDING THE TIME AND PLACE OF ANY HEARING. UPON 3,288
RECEIVING NOTICE THAT A HEARING IS SCHEDULED, THE VICTIM OR 3,289
VICTIM'S REPRESENTATIVE, AT LEAST TWO DAYS PRIOR TO THE HEARING, 3,290
SHALL NOTIFY THE RELEASE AUTHORITY OF THE VICTIM'S OR 3,291
REPRESENTATIVE'S INTENTION TO BE PRESENT AT THE HEARING SO THAT 3,292
THE RELEASE AUTHORITY MAY ENSURE APPROPRIATE ACCOMMODATIONS AND 3,293
SECURITY.
(C) IF A VICTIM OR VICTIM'S REPRESENTATIVE HAS INDICATED A 3,296
DESIRE TO PARTICIPATE IN A REVIEW, THE RELEASE AUTHORITY SHALL 3,297
GIVE THAT PERSON AN OPPORTUNITY TO PROVIDE A WRITTEN STATEMENT OR 3,298
COMMUNICATE ORALLY WITH A REPRESENTATIVE OF THE RELEASE 3,299
AUTHORITY. IF A VICTIM OR VICTIM'S REPRESENTATIVE IS PRESENT AT 3,300
A HEARING, THE AUTHORITY SHALL GIVE THAT PERSON AN OPPORTUNITY TO 3,301
MAKE AN ORAL OR WRITTEN STATEMENT THAT MAY ADDRESS THE IMPACT OF 3,302
THE OFFENSE UPON THE VICTIM, INCLUDING THE NATURE AND EXTENT OF 3,303
ANY HARM SUFFERED, THE EXTENT OF ANY PROPERTY DAMAGE OR ECONOMIC 3,304
LOSS, ANY RESTITUTION ORDERED BY THE COMMITTING COURT AND THE 3,305
PROGRESS THE CHILD HAS MADE TOWARD FULFILLMENT OF THAT 3,306
OBLIGATION, AND THE VICTIM'S RECOMMENDATION FOR THE OUTCOME OF 3,307
THE REVIEW OR HEARING. A WRITTEN STATEMENT SUBMITTED BY A VICTIM 3,308
OR A VICTIM'S REPRESENTATIVE UNDER THIS SECTION IS CONFIDENTIAL, 3,309
IS NOT A PUBLIC RECORD, AND SHALL BE RETURNED TO THE RELEASE 3,311
AUTHORITY AT THE END OF A REVIEW OR HEARING BY ANY PERSON WHO 3,312
RECEIVES A COPY OF IT.
AT A HEARING BEFORE THE RELEASE AUTHORITY, A VICTIM OR 3,314
VICTIM'S REPRESENTATIVE MAY BE ACCOMPANIED BY ANOTHER PERSON FOR 3,315
SUPPORT, BUT THAT PERSON SHALL NOT ACT AS A VICTIM'S 3,316
82
REPRESENTATIVE. THE RELEASE AUTHORITY AND OTHER EMPLOYEES OF THE 3,318
DEPARTMENT OF YOUTH SERVICES SHALL MAKE REASONABLE EFFORTS TO 3,319
MINIMIZE CONTACT BETWEEN THE CHILD AND THE VICTIM, VICTIM'S
REPRESENTATIVE, OR SUPPORT PERSON BEFORE, DURING, AND AFTER THE 3,320
HEARING. THE RELEASE AUTHORITY SHALL USE A SEPARATE WAITING AREA 3,322
FOR THE VICTIM, VICTIM'S REPRESENTATIVE, AND SUPPORT PERSON IF A 3,323
SEPARATE AREA IS AVAILABLE.
(D) AT NO TIME SHALL A VICTIM OR VICTIM'S REPRESENTATIVE 3,326
BE COMPELLED TO DISCLOSE THE VICTIM'S ADDRESS, PLACE OF 3,327
EMPLOYMENT, OR SIMILAR IDENTIFYING INFORMATION TO THE CHILD OR 3,328
THE CHILD'S PARENT OR LEGAL GUARDIAN. UPON REQUEST OF A VICTIM 3,329
OR A VICTIM'S REPRESENTATIVE, THE RELEASE AUTHORITY SHALL KEEP IN 3,330
ITS FILES ONLY THE ADDRESS OR TELEPHONE NUMBER TO WHICH IT SHALL 3,331
SEND NOTICE OF A REVIEW.
(E) NO EMPLOYER SHALL DISCHARGE, DISCIPLINE, OR OTHERWISE 3,334
RETALIATE AGAINST A VICTIM OR VICTIM'S REPRESENTATIVE FOR 3,335
PARTICIPATING IN A HEARING BEFORE THE RELEASE AUTHORITY. THIS 3,336
DIVISION GENERALLY DOES NOT REQUIRE AN EMPLOYER TO COMPENSATE AN 3,337
EMPLOYEE FOR TIME LOST AS A RESULT OF ATTENDANCE AT A HEARING 3,338
BEFORE THE RELEASE AUTHORITY.
(F) THE RELEASE AUTHORITY SHALL MAKE REASONABLE, GOOD 3,341
FAITH EFFORTS TO COMPLY WITH THE PROVISIONS OF THIS SECTION. 3,342
FAILURE OF THE RELEASE AUTHORITY TO COMPLY WITH THIS SECTION DOES 3,343
NOT GIVE RISE TO A CLAIM FOR DAMAGES AGAINST THE RELEASE 3,344
AUTHORITY AND DOES NOT REQUIRE MODIFICATION OF A FINAL DECISION 3,345
BY THE RELEASE AUTHORITY. 3,346
(G) IF A VICTIM IS IN THE LEGAL CUSTODY OF THE DEPARTMENT 3,349
OF YOUTH SERVICES AND RESIDES IN A SECURE FACILITY OR IN ANOTHER 3,350
SECURE RESIDENTIAL PROGRAM, INCLUDING A COMMUNITY CORRECTIONS 3,351
FACILITY, OR IS INCARCERATED, THE RELEASE AUTHORITY MAY MODIFY 3,352
THE VICTIM'S RIGHTS UNDER THIS SECTION TO PREVENT A SECURITY 3,353
RISK, HARDSHIP, OR UNDUE BURDEN UPON A PUBLIC OFFICIAL OR AGENCY 3,354
WITH A DUTY UNDER THIS SECTION. IF THE VICTIM RESIDES IN ANOTHER 3,355
STATE UNDER SIMILAR CIRCUMSTANCES, THE RELEASE AUTHORITY MAY MAKE 3,356
83
SIMILAR MODIFICATIONS OF THE VICTIM'S RIGHTS. 3,357
Section 2. That existing sections 2151.312, 2151.355, 3,359
2151.38, 5139.01, 5139.04, 5139.05, 5139.06, 5139.07, 5139.08, 3,360
5139.18, 5139.20, 5139.32, 5139.35, 5139.38, and 5139.43 of the 3,361
Revised Code are hereby repealed. 3,362
Section 3. Sections 1 and 2 of this act, except for 3,364
section 5139.50 of the Revised Code, as enacted by this act, 3,365
shall take effect July 1, 1998. Section 5139.50 of the Revised 3,366
Code, as enacted by this act, shall take effect January 1, 1998. 3,367
Section 4. Section 2151.312 of the Revised Code is 3,369
presented in this act as a composite of the section as amended by 3,370
both Sub. H.B. 265 and Am. Sub. H.B. 124 of the 121st General 3,371
Assembly, with the new language of neither of the acts shown in 3,373
capital letters. Section 5139.20 of the Revised Code is 3,374
presented in this act as a composite of the section as amended by 3,375
both Am. Sub. S.B. 2 and Am. Sub. H.B. 1 of the 121st General 3,376
Assembly, with the new language of neither of the acts shown in 3,378
capital letters. This is in recognition of the principle stated 3,379
in division (B) of section 1.52 of the Revised Code that such 3,380
amendments are to be harmonized where not substantively 3,381
irreconcilable and constitutes a legislative finding that such is 3,382
the resulting version in effect prior to the effective date of 3,383
this act.