As Reported by the Senate Judiciary Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 1 5
1997-1998 6
REPRESENTATIVES WILLIAMS-TAYLOR-MYERS-CALLENDER-BATCHELDER- 8
MASON-GARCIA-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-SENATORS BLESSING-HOWARD 13
14
A B I L L
To amend sections 109.801, 181.26, 2151.312, 16
2151.355, 2151.38, 5139.01, 5139.04, 5139.05, 18
5139.06, 5139.07, 5139.08, 5139.18, 5139.20,
5139.35, 5139.38, and 5139.43 and to enact 20
sections 5139.50 to 5139.56 of the Revised Code 21
to create a Release Authority in the Department 22
of Youth Services to grant releases to certain 23
children committed to the Department, to 24
establish a procedure for the judicial release of 25
certain children in the Department's custody, to 26
establish an Office of Victims' Services in the 27
Release Authority, and to extend, from September 28
1, 1997, until September 1, 1998, the date by 29
which the State Criminal Sentencing Commission
must submit to the General Assembly a report 30
containing certain recommendations related to
juvenile justice and changes in juvenile justice 31
law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 33
Section 1. That sections 109.801, 181.26, 2151.312, 35
2151.355, 2151.38, 5139.01, 5139.04, 5139.05, 5139.06, 5139.07, 37
2
5139.08, 5139.18, 5139.20, 5139.35, 5139.38, and 5139.43 be 38
amended and sections 5139.50, 5139.51, 5139.52, 5139.53, 5139.54, 39
5139.55, and 5139.56 of the Revised Code be enacted to read as 40
follows:
Sec. 109.801. (A)(1) Each year the following persons 49
shall successfully complete a firearms requalification program 50
approved by the executive director of the Ohio peace officer 51
training commission in accordance with rules adopted by the 53
attorney general pursuant to section 109.743 of the Revised Code: 54
any sheriff, deputy sheriff, marshal, deputy marshal, township 55
constable, chief of police or member of an organized police 56
department of a municipal corporation or township, chief of 57
police or member of a township police district police force, 58
superintendent of the state highway patrol, state highway patrol 59
trooper, OR chief of police of a university or college police 60
department or state university law enforcement officer appointed 61
under section 3345.04 of the Revised Code,; ANY parole or 62
probation officer who carries a firearm in the course of official 64
duties, or; ANY employee of the department of natural resources 66
who is a park officer, forest officer, preserve officer, wildlife 67
officer, or state watercraft officer who carries a firearm in the 68
course of official duties; OR ANY EMPLOYEE OF THE DEPARTMENT OF 69
YOUTH SERVICES WHO IS DESIGNATED PURSUANT TO DIVISION (A)(2) OF 70
SECTION 5139.53 OF THE REVISED CODE AS BEING AUTHORIZED TO CARRY 71
A FIREARM WHILE ON DUTY AS DESCRIBED IN THAT DIVISION. 72
(2) No person listed in division (A)(1) of this section 74
shall carry a firearm during the course of official duties if the 76
person does not comply with division (A)(1) of this section. 77
(B) The hours that a sheriff spends attending a firearms 79
requalification program required by division (A) of this section 80
are in addition to the sixteen hours of continuing education that 81
are required by division (E) of section 311.01 of the Revised 82
Code. 83
(C) As used in this section, "firearm" has the same 85
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meaning as in section 2923.11 of the Revised Code. 86
Sec. 181.26. (A) In addition to its duties set forth in 95
sections 181.23 to 181.25 of the Revised Code, the state criminal 96
sentencing commission shall do all of the following: 97
(1) Review all statutes governing delinquent child, unruly 99
child, and juvenile traffic offender dispositions in this state; 100
(2) Review state and local resources, including facilities 102
and programs, used for delinquent child, unruly child, and 103
juvenile traffic offender dispositions and profile the 104
populations of youthful offenders in the facilities and programs; 105
(3) Report to the general assembly no later than September 107
1, 1997 1998, a comprehensive plan containing recommendations 108
based on the reviews required under divisions (A)(1) and (2) of 110
this section. The recommendations shall do all of the following: 111
(a) Assist in the managing of the number of persons in, 113
and costs of, the facilities, the programs, and other resources 114
used in delinquent child, unruly child, and juvenile traffic 116
offender dispositions;
(b) Foster rehabilitation, public safety, sanctions, 118
accountability, and other reasonable goals; 119
(c) Provide greater certainty, proportionality, 121
uniformity, fairness, and simplicity in delinquent child, unruly 122
child, and juvenile traffic offender dispositions while retaining 123
reasonable judicial discretion;
(d) Provide for the restoration of victims of juvenile 125
offenses.
(B) The commission shall project the impact of the 127
comprehensive plan recommended by the commission under this 128
section on state and local resources used in delinquent child, 129
unruly child, and juvenile traffic offender dispositions. The 130
commission shall determine whether any additional facilities, 131
programs, or other resources are needed to implement the
comprehensive plan. 132
(C) If the general assembly enacts all or a substantial 134
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part of the comprehensive plan recommended by the commission 135
under this section, the commission shall do all of the following: 136
(1) Assist in the implementation of the enacted plan; 138
(2) Monitor the operation of the plan, periodically report 140
to the general assembly on the plan's operation and the plan's 141
impact on resources used in delinquent child, unruly child, and 142
juvenile traffic offender dispositions, and periodically 143
recommend changes in the plan to the general assembly based on 144
this monitoring;
(3) Review all bills that are introduced in the general 146
assembly that relate to delinquent child, unruly child, and 147
juvenile traffic offender dispositions and assist the general 148
assembly in making legislation consistent with the plan. 149
Sec. 2151.312. (A) Except as provided in divisions (B) 159
and (F) of this section, a child alleged to be or adjudicated a 160
delinquent child, an unruly child, or a juvenile traffic offender 161
may be held only in the following places: 162
(1) A certified family foster home or a home approved by 164
the court; 165
(2) A facility operated by a certified child welfare 167
agency; 168
(3) Any other suitable place designated by the court. 170
(B) In addition to the places listed in division (A) of 172
this section, a child alleged to be or adjudicated a delinquent 173
child may be held in a detention home or center for delinquent 174
children that is under the direction or supervision of the court 175
or other public authority or of a private agency and approved by 176
the court.
(C)(1) Except as provided under division (C)(1) of section 178
2151.311 of the Revised Code or division (A)(6) of section 179
2151.356 of the Revised Code, a child alleged to be or 181
adjudicated a neglected child, an abused child, a dependent
child, an unruly child, or a juvenile traffic offender may not be 182
held in any of the following facilities: 183
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(a) A state correctional institution, county, multicounty, 186
or municipal jail or workhouse, or other place in which an adult 187
convicted of crime, under arrest, or charged with a crime is 188
held.
(b) A secure correctional facility. 190
(2) Except as provided under sections 2151.56 to 2151.61 192
and division (A)(6) of section 2151.356 of the Revised Code and 193
division (C)(3) of this section, a child alleged to be or 194
adjudicated an unruly child or a juvenile traffic offender may 195
not be held for more than twenty-four hours in a detention home. 196
A child alleged to be or adjudicated a neglected child, an abused 197
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 199
unruly child and who is taken into custody on a Saturday, Sunday, 201
or legal holiday, as listed in section 1.14 of the Revised Code,
may be held in a detention home until the next succeeding day 202
that is not a Saturday, Sunday, or legal holiday. 203
(D) Except as provided in division (C)(F) of this section 205
or in division (C) of section 2151.311, in division (C)(3)(2) of 206
section 5139.06 and section 5120.162, or in division (B) of 208
section 5120.16 of the Revised Code, a child who is alleged to be 209
or is adjudicated a delinquent child may not be held in a state 210
correctional institution, county, multicounty, or municipal jail 211
or workhouse, or other place where an adult convicted of crime, 212
under arrest, or charged with crime is held. 213
(E) Unless the detention is pursuant to division (C)(F) of 215
this section or division (C) of section 2151.311, division 217
(C)(3)(2) of section 5139.06 and section 5120.162, or division 219
(B) of section 5120.16 of the Revised Code, the official in 220
charge of the institution, jail, workhouse, or other facility 221
shall inform the court immediately when a child, who is or 222
appears to be under the age of eighteen years, is received at the 223
facility, and shall deliver the child to the court upon request 224
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or transfer the child to a detention facility designated by the 225
court.
(F) If a case is transferred to another court for criminal 227
prosecution pursuant to section 2151.26 of the Revised Code, the 228
child may be transferred for detention pending the criminal 229
prosecution in a jail or other facility in accordance with the 230
law governing the detention of persons charged with crime. Any 231
child so held shall be confined in a manner that keeps the child 232
beyond the range of touch of all adult detainees. The child 233
shall be supervised at all times during the detention. 234
Sec. 2151.355. (A) If a child is adjudicated a delinquent 243
child, the court may make any of the following orders of 244
disposition:
(1) Any order that is authorized by section 2151.353 of 246
the Revised Code; 247
(2) Place the child on probation under any conditions that 249
the court prescribes. If the child is adjudicated a delinquent 250
child for violating section 2909.05, 2909.06, or 2909.07 of the 252
Revised Code and if restitution is appropriate under the
circumstances of the case, the court shall require the child to 253
make restitution for the property damage caused by the child's 254
violation as a condition of the child's probation. If the child 256
is adjudicated a delinquent child because the child violated any 257
other section of the Revised Code, the court may require the 258
child as a condition of the child's probation to make restitution 259
for the property damage caused by the child's violation and for 260
the value of the property that was the subject of the violation 261
the child committed if it would be a theft offense, as defined in 262
division (K) of section 2913.01 of the Revised Code, if committed 263
by an adult. The restitution may be in the form of a cash 264
reimbursement paid in a lump sum or in installments, the 265
performance of repair work to restore any damaged property to its 266
original condition, the performance of a reasonable amount of 267
labor for the victim approximately equal to the value of the 268
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property damage caused by the child's violation or to the value 269
of the property that is the subject of the violation if it would 270
be a theft offense if committed by an adult, the performance of 271
community service or community work, any other form of 272
restitution devised by the court, or any combination of the 273
previously described forms of restitution.
If the child is adjudicated a delinquent child for 275
violating a law of this state or the United States, or an 276
ordinance or regulation of a political subdivision of this state, 277
that would be a crime if committed by an adult or for violating 279
division (A) of section 2923.211 of the Revised Code, the court,
in addition to all other required or permissive conditions of 281
probation that the court imposes upon the delinquent child 283
pursuant to division (A)(2) of this section, shall require the 284
child as a condition of the child's probation to abide by the law 285
during the period of probation, including, but not limited to, 286
complying with the provisions of Chapter 2923. of the Revised 287
Code relating to the possession, sale, furnishing, transfer, 288
disposition, purchase, acquisition, carrying, conveying, or use 289
of, or other conduct involving a firearm or dangerous ordnance, 290
as defined in section 2923.11 of the Revised Code. 291
(3) Commit the child to the temporary custody of any 293
school, camp, institution, or other facility operated for the 294
care of delinquent children by the county, by a district 296
organized under section 2151.34 or 2151.65 of the Revised Code, 297
or by a private agency or organization, within or without the 298
state, that is authorized and qualified to provide the care, 299
treatment, or placement required;
(4) If the child is adjudicated a delinquent child for 301
committing an act that would be a felony of the third, fourth, or 302
fifth degree if committed by an adult or for violating division 304
(A) of section 2923.211 of the Revised Code, commit the child to 305
the legal custody of the department of youth services for 306
institutionalization for an indefinite term consisting of a 307
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minimum period of six months and a maximum period not to exceed 308
the child's attainment of twenty-one years of age; 309
(5)(a) If the child is adjudicated a delinquent child for 311
violating section 2903.03, 2905.01, 2909.02, or 2911.01 or 312
division (A) of section 2903.04 of the Revised Code or for 313
violating any provision of section 2907.02 of the Revised Code 314
other than division (A)(1)(b) of that section when the sexual 316
conduct or insertion involved was consensual and when the victim
of the violation of division (A)(1)(b) of that section was older 318
than the delinquent child, was the same age as the delinquent 319
child, or was less than three years younger than the delinquent 320
child, commit the child to the legal custody of the department of 321
youth services for institutionalization in a secure facility for 322
an indefinite term consisting of a minimum period of one to three 323
years, as prescribed by the court, and a maximum period not to 324
exceed the child's attainment of twenty-one years of age; 325
(b) If the child is adjudicated a delinquent child for 328
violating section 2923.02 of the Revised Code and if the 329
violation involves an attempt to commit a violation of section
2903.01 or 2903.02 of the Revised Code, commit the child to the 331
legal custody of the department of youth services for
institutionalization in a secure facility for an indefinite term 332
consisting of a minimum period of six to seven years, as 333
prescribed by the court, and a maximum period not to exceed the 334
child's attainment of twenty-one years of age;
(c) If the child is adjudicated a delinquent child for 336
committing an act that is not described in division (A)(5)(a) or 337
(b) of this section and that would be a felony of the first or 338
second degree if committed by an adult, commit the child to the 339
legal custody of the department of youth services for 340
institutionalization in a secure facility for an indefinite term 341
consisting of a minimum period of one year and a maximum period 342
not to exceed the child's attainment of twenty-one years of age;. 343
(6) If the child is adjudicated a delinquent child for 345
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committing a violation of section 2903.01 or 2903.02 of the 346
Revised Code, commit the child to the legal custody of the 348
department of youth services for institutionalization in a secure 349
facility until the child's attainment of twenty-one years of age; 350
(7)(a) If the child is adjudicated a delinquent child for 353
committing an act, other than a violation of section 2923.12 of 354
the Revised Code, that would be a felony if committed by an adult 355
and is committed to the legal custody of the department of youth 356
services pursuant to division (A)(4), (5), or (6) of this section 357
and if the court determines that the child, if the child was an 358
adult, would be guilty of a specification of the type set forth 359
in section 2941.141, 2941.144, 2941.145, or 2941.146 of the 360
Revised Code in relation to the act for which the child was 361
adjudicated a delinquent child, commit the child to the legal 362
custody of the department of youth services for
institutionalization in a secure facility for the following 363
period of time, subject to division (A)(7)(b) of this section: 364
(i) If the child would be guilty of a specification of the 366
type set forth in section 2941.141 of the Revised Code, a period 367
of one year; 368
(ii) If the child would be guilty of a specification of 370
the type set forth in section 2941.144, 2941.145, or 2941.146 of 371
the Revised Code, a period of three years. 372
(b) The court shall not commit a child to the legal 375
custody of the department of youth services pursuant to division 376
(A)(7)(a) of this section for a period of time that exceeds three 377
years. The period of commitment imposed pursuant to division 378
(A)(7)(a) of this section shall be in addition to, and shall be 379
served consecutively with and prior to, a period of commitment 380
ordered pursuant to division (A)(4), (5), or (6) of this section, 381
provided that the total of all the periods of commitment shall 382
not exceed the child's attainment of twenty-one years of age. 383
(8)(a) Impose a fine and costs in accordance with the 386
schedule set forth in section 2151.3512 of the Revised Code;
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(b) Require the child to make restitution for all or part 388
of the property damage caused by the child's delinquent act and 389
for all or part of the value of the property that was the subject 390
of any delinquent act the child committed that would be a theft 391
offense, as defined in division (K) of section 2913.01 of the 392
Revised Code, if committed by an adult. If the court determines 393
that the victim of the child's delinquent act was sixty-five 394
years of age or older or permanently and totally disabled at the 395
time of the commission of the act, the court, regardless of 396
whether or not the child knew the age of the victim, shall 397
consider that fact in favor of imposing restitution, but that 398
fact shall not control the decision of the court. The 399
restitution may be in the form of a cash reimbursement paid in a 400
lump sum or in installments, the performance of repair work to 401
restore any damaged property to its original condition, the 402
performance of a reasonable amount of labor for the victim, the 403
performance of community service or community work, any other 404
form of restitution devised by the court, or any combination of 405
the previously described forms of restitution. 406
(9) Subject to division (D) of this section, suspend or 409
revoke the driver's license or temporary instruction permit 410
issued to the child or suspend or revoke the registration of all 411
motor vehicles registered in the name of the child; 412
(10) If the child is adjudicated a delinquent child for 414
committing an act that, if committed by an adult, would be a 416
criminal offense that would qualify the adult as an eligible
offender pursuant to division (A)(3) of section 2929.23 of the 417
Revised Code, impose a period of electronically monitored house 418
detention in accordance with division (I) of this section that 420
does not exceed the maximum sentence of imprisonment that could 421
be imposed upon an adult who commits the same act; 422
(11) Commit the child to the temporary or permanent 424
custody of the court;
(12) Make any further disposition that the court finds 426
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proper, except that the child shall not be placed in any state 427
correctional institution, county, multicounty, or municipal jail 428
or workhouse, or any other place in which an adult convicted of a 429
crime, under arrest, or charged with a crime is held. 430
(B)(1) If a child is adjudicated a delinquent child for 433
violating section 2923.32 of the Revised Code, the court, in 434
addition to any order of disposition it makes for the child under 435
division (A) of this section, shall enter an order of criminal 436
forfeiture against the child, in accordance with divisions 437
(B)(3), (4), (5), and (6) and (C) to (F) of section 2923.32 of 438
the Revised Code.
(2) If a child is adjudicated a delinquent child for 441
committing two or more acts that would be felonies if committed
by an adult and if the court entering the delinquent child 442
adjudication orders the commitment of the child, for two or more 443
of those acts, to the legal custody of the department of youth 444
services for institutionalization or institutionalization in a 445
secure facility pursuant to division (A)(4), (5), or (6) of this 446
section, the court may order that all of the periods of 447
commitment imposed under those divisions for those acts be served 449
consecutively in the legal custody of the department of youth 450
services and, if applicable, be in addition to and commence 451
immediately following the expiration of a period of commitment 452
that the court imposes pursuant to division (A)(7) of this 453
section. A court shall not commit a delinquent child to the 454
legal custody of the department of youth services under division 455
(B)(2) of this section for a period that exceeds the child's 456
attainment of twenty-one years of age.
(C) If a child is adjudicated a delinquent child for 458
committing an act that, if committed by an adult, would be a drug 460
abuse offense, as defined in section 2925.01 of the Revised Code, 461
or for violating division (B) of section 2917.11 of the Revised 462
Code, in addition to imposing in its discretion any other order 463
of disposition authorized by this section, the court shall do 464
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both of the following:
(1) Require the child to participate in a drug abuse or 466
alcohol abuse counseling program; 467
(2) Suspend or revoke the temporary instruction permit or 469
probationary operator's license issued to the child until the 470
child attains eighteen years of age or attends, at the discretion 472
of the court, and satisfactorily completes, a drug abuse or 473
alcohol abuse education, intervention, or treatment program 474
specified by the court. During the time the child is attending 475
the program, the court shall retain any temporary instruction 476
permit or probationary license issued to the child, and the court
shall return the permit or license when the child satisfactorily 477
completes the program. 478
(D) If a child is adjudicated a delinquent child for 481
violating section 2923.122 of the Revised Code, the court, in
addition to any order of disposition it makes for the child under 483
division (A), (B), or (C) of this section, shall revoke the 485
temporary instruction permit and deny the child the issuance of 486
another temporary instruction permit in accordance with division 487
(E)(1)(b) of section 2923.122 of the Revised Code or shall
suspend the probationary driver's license, restricted license, or 490
nonresident operating privilege of the child or deny the child 491
the issuance of a probationary driver's license, restricted 492
license, or temporary instruction permit in accordance with 493
division (E)(1)(a), (c), (d), or (e) of section 2923.122 of the 494
Revised Code.
(E)(1) At the dispositional hearing and prior to making 496
any disposition pursuant to division (A) of this section, the 497
court shall determine whether a victim of the delinquent act 498
committed by the child was five years of age or younger at the 499
time the delinquent act was committed, whether a victim of the 500
delinquent act sustained physical harm to the victim's person 501
during the commission of or otherwise as a result of the 502
delinquent act, whether a victim of the delinquent act was 503
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sixty-five years of age or older or permanently and totally 504
disabled at the time the delinquent act was committed, and 505
whether the delinquent act would have been an offense of violence 506
if committed by an adult. If the victim was five years of age or 507
younger at the time the delinquent act was committed, sustained 508
physical harm to the victim's person during the commission of or
otherwise as a result of the delinquent act, or was sixty-five 509
years of age or older or permanently and totally disabled at the 511
time the act was committed, regardless of whether the child knew 512
the age of the victim, and if the act would have been an offense 513
of violence if committed by an adult, the court shall consider 514
those facts in favor of imposing commitment under division 515
(A)(3), (4), (5), or (6) of this section, but those facts shall 516
not control the court's decision.
(2) At the dispositional hearing and prior to making any 518
disposition pursuant to division (A)(4), (5), or (6) of this 519
section, the court shall determine whether the delinquent child 520
previously has been adjudicated a delinquent child for a 521
violation of a law or ordinance. If the delinquent child 522
previously has been adjudicated a delinquent child for a 523
violation of a law or ordinance, the court, for purposes of
entering an order of disposition for the delinquent child under 524
this section, shall consider the previous delinquent child 526
adjudication as a conviction of a violation of the law or 527
ordinance in determining the degree of offense the current
delinquent act would be had it been committed by an adult. 528
(F)(1) When a juvenile court commits a delinquent child to 530
the custody of the department of youth services pursuant to this 531
section, the court shall not designate the specific institution 532
in which the department is to place the child but instead shall 534
specify that the child is to be institutionalized or that the 535
institutionalization is to be in a secure facility if that is
required by division (A) of this section. 536
(2) When a juvenile court commits a delinquent child to 538
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the custody of the department of youth services, the court shall 539
provide the department with the child's social history, the 540
child's medical records, a copy of the report of any mental 541
examination of the child ordered by the court, the section or 542
sections of the Revised Code violated by the child and the degree 543
of the violation, the warrant to convey the child to the 544
department, and a copy of the court's journal entry ordering the 545
commitment of the child to the legal custody of the department. 546
THE COURT ALSO SHALL COMPLETE THE FORM FOR THE STANDARD 548
PREDISPOSITION INVESTIGATION REPORT THAT IS DEVELOPED AND 549
FURNISHED BY THE DEPARTMENT OF YOUTH SERVICES PURSUANT TO SECTION 550
5139.04 OF THE REVISED CODE AND PROVIDE THE DEPARTMENT WITH THE
COMPLETED FORM. The department may refuse to accept physical 553
custody of a delinquent child who is committed to the legal 554
custody of the department until the court provides to the 555
department the documents specified in division (F)(2) of this 556
section. No officer or employee of the department who refuses to 558
accept physical custody of a delinquent child who is committed to 560
the legal custody of the department shall be subject to
prosecution or contempt of court for the refusal if the court 561
fails to provide the documents specified in division (F)(2) of 563
this section at the time the court transfers the physical custody 564
of the child to the department. 565
(3) Within five working days after the juvenile court 567
commits a delinquent child to the custody of the department of 568
youth services, the court shall provide the department with a 569
copy of the arrest record pertaining to the act for which the 570
child was adjudicated a delinquent child, a copy of any victim 571
impact statement pertaining to that act, and any other 572
information concerning the child that the department reasonably 573
requests. Within twenty working days after the department of 574
youth services receives physical custody of a delinquent child 575
from a juvenile court, the court shall provide the department 576
with a certified copy of the child's birth certificate or the 578
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child's social security number, or, if the court made all
reasonable efforts to obtain the information but was 579
unsuccessful, the court shall provide the department with 580
documentation of the efforts it made to obtain the information. 581
(4) When a juvenile court commits a delinquent child to 583
the custody of the department of youth services, the court shall 584
give notice to the school attended by the child of the child's 585
commitment by sending to that school a copy of the court's 586
journal entry ordering the commitment. As soon as possible after 587
receipt of the notice described in this division, the school 588
shall provide the department with the child's school transcript. 589
However, the department shall not refuse to accept a child 590
committed to it, and a child committed to it shall not be held in 591
a county or district detention home, because of a school's 592
failure to provide the school transcript that it is required to 593
provide under division (F)(4) of this section. 594
(5) The department of youth services shall provide the 596
court and the school with an updated copy of the child's school 597
transcript and shall provide the court with a summary of the 598
institutional record of the child when it releases the child from 599
institutional care. The department also shall provide the court 600
with a copy of any portion of the child's institutional record 601
that the court specifically requests within five working days of 602
the request.
(6) When a juvenile court commits a delinquent child to 604
the custody of the department of youth services pursuant to 605
division (A)(4) or (5) of this section, the court shall state in 606
the order of commitment the total number of days that the child 607
has been held, as of the date of the issuance of the order, in 608
detention in connection with the delinquent child complaint upon 609
which the order of commitment is based. The department shall 611
reduce the minimum period of institutionalization or minimum 612
period of institutionalization in a secure facility specified in 613
division (A)(4) or (5) of this section by both the total number 614
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of days that the child has been so held in detention as stated by 615
the court in the order of commitment and the total number of any 616
additional days that the child has been held in detention 617
subsequent to the order of commitment but prior to the transfer 618
of physical custody of the child to the department.
(G)(1) At any hearing at which a child is adjudicated a 621
delinquent child or as soon as possible after the hearing, the
court shall notify all victims of the delinquent act, who may be 622
entitled to a recovery under any of the following sections, of 623
the right of the victims to recover, pursuant to section 3109.09 624
of the Revised Code, compensatory damages from the child's 625
parents; of the right of the victims to recover, pursuant to 626
section 3109.10 of the Revised Code, compensatory damages from 627
the child's parents for willful and malicious assaults committed 628
by the child; and of the right of the victims to recover an award 629
of reparations pursuant to sections 2743.51 to 2743.72 of the 630
Revised Code. 631
(2) If a child is adjudicated a delinquent child for 634
committing an act that, if committed by an adult, would be 635
aggravated murder, murder, rape, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, 636
involuntary manslaughter, a felony of the first or second degree 638
resulting in the death of or physical harm to a person, 639
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 640
or was substantially equivalent to any of those offenses and if 641
the court in its order of disposition for that act commits the 642
child to the custody of the department of youth services, the 643
court may make a specific finding that the adjudication should be 644
considered a conviction for purposes of a determination in the 645
future, pursuant to Chapter 2929. of the Revised Code, as to 646
whether the child is a repeat violent offender as defined in 647
section 2929.01 of the Revised Code. If the court makes a 648
specific finding as described in this division, it shall include 649
17
the specific finding in its order of disposition and in the 650
record in the case.
(H)(1) If a child is adjudicated a delinquent child for 652
committing an act that would be a felony if committed by an adult 654
and if the child caused, attempted to cause, threatened to cause, 655
or created the risk of physical harm to the victim of the act, 656
the court, prior to issuing an order of disposition under this 657
section, shall order the preparation of a victim impact statement 658
by the probation department of the county in which the victim of 659
the act resides, by the court's own probation department, or by a 660
victim assistance program that is operated by the state, a 661
county, a municipal corporation, or another governmental entity. 662
The court shall consider the victim impact statement in 663
determining the order of disposition to issue for the child. 664
(2) Each victim impact statement shall identify the victim 666
of the act for which the child was adjudicated a delinquent 667
child, itemize any economic loss suffered by the victim as a 668
result of the act, identify any physical injury suffered by the 669
victim as a result of the act and the seriousness and permanence 670
of the injury, identify any change in the victim's personal 671
welfare or familial relationships as a result of the act and any 672
psychological impact experienced by the victim or the victim's 673
family as a result of the act, and contain any other information 674
related to the impact of the act upon the victim that the court 675
requires. 676
(3) A victim impact statement shall be kept confidential 678
and is not a public record, as defined in section 149.43 of the 679
Revised Code. However, the court may furnish copies of the 680
statement to the department of youth services pursuant to 681
division (F)(3) of this section or to both the adjudicated 682
delinquent child or the adjudicated delinquent child's counsel 683
and the prosecuting attorney. The copy of a victim impact 685
statement furnished by the court to the department pursuant to 686
division (F)(3) of this section shall be kept confidential and is 687
18
not a public record, as defined in section 149.43 of the Revised 688
Code. The copies of a victim impact statement that are made 689
available to the adjudicated delinquent child or the adjudicated 690
delinquent child's counsel and the prosecuting attorney pursuant 692
to division (H)(3) of this section shall be returned to the court 695
by the person to whom they were made available immediately 696
following the imposition of an order of disposition for the child 697
under this section.
(I)(1) As used in this division, "felony drug abuse 699
offense" has the same meaning as in section 2925.01 of the 700
Revised Code. 701
(2) Sections 2925.41 to 2925.45 of the Revised Code apply 703
to children who are adjudicated or could be adjudicated by a 704
juvenile court to be delinquent children for an act that, if 705
committed by an adult, would be a felony drug abuse offense. 706
Subject to division (B) of section 2925.42 and division (E) of 707
section 2925.43 of the Revised Code, a delinquent child of that 708
nature loses any right to the possession of, and forfeits to the 709
state any right, title, and interest that the delinquent child 710
may have in, property as defined in section 2925.41 and further 712
described in section 2925.42 or 2925.43 of the Revised Code. 713
(J)(1) As used in this section: 715
(a) "Electronic monitoring device," "certified electronic 717
monitoring device," "electronic monitoring system," and 718
"certified electronic monitoring system" have the same meanings 719
as in section 2929.23 of the Revised Code. 720
(b) "Electronically monitored house detention" means a 722
period of confinement of a child in the child's home or in other 723
premises specified by the court, during which period of 725
confinement all of the following apply: 726
(i) The child wears, otherwise has attached to the child's 728
person, or otherwise is subject to monitoring by a certified 729
electronic monitoring device or is subject to monitoring by a 730
certified electronic monitoring system. 731
19
(ii) The child is required to remain in the child's home 733
or other premises specified by the court for the specified period 734
of confinement, except for periods of time during which the child 735
is at school or at other premises as authorized by the court. 736
(iii) The child is subject to monitoring by a central 738
system that monitors the certified electronic monitoring device 739
that is attached to the child's person or that otherwise is being 740
used to monitor the child and that can monitor and determine the 742
child's location at any time or at a designated point in time, or 743
the child is required to participate in monitoring by a certified 745
electronic monitoring system. 746
(iv) The child is required by the court to report 748
periodically to a person designated by the court. 749
(v) The child is subject to any other restrictions and 751
requirements that may be imposed by the court. 752
(2) A juvenile court, pursuant to division (A)(10) of this 754
section, may impose a period of electronically monitored house 755
detention upon a child who is adjudicated a delinquent child for 756
committing an act that, if committed by an adult, would be a 757
criminal offense that would qualify the adult as an eligible 758
offender pursuant to division (A)(3) of section 2929.23 of the 759
Revised Code. The court may impose a period of electronically 760
monitored house detention in addition to or in lieu of any other 761
dispositional order imposed upon the child, except that any 762
period of electronically monitored house detention shall not 763
extend beyond the child's eighteenth birthday. If a court 764
imposes a period of electronically monitored house detention upon 765
a child, it shall require the child to wear, otherwise have 766
attached to the child's person, or otherwise be subject to 767
monitoring by a certified electronic monitoring device or to 769
participate in the operation of and monitoring by a certified 770
electronic monitoring system; to remain in the child's home or 771
other specified premises for the entire period of electronically 773
monitored house detention except when the court permits the child 774
20
to leave those premises to go to school or to other specified 775
premises; to be monitored by a central system that monitors the 776
certified electronic monitoring device that is attached to the 777
child's person or that otherwise is being used to monitor the 778
child and that can monitor and determine the child's location at 779
any time or at a designated point in time or to be monitored by 780
the certified electronic monitoring system; to report 781
periodically to a person designated by the court; and, in return 782
for receiving a dispositional order of electronically monitored 783
house detention, to enter into a written contract with the court 784
agreeing to comply with all restrictions and requirements imposed 785
by the court, agreeing to pay any fee imposed by the court for 786
the costs of the electronically monitored house detention imposed 787
by the court pursuant to division (E) of section 2929.23 of the 788
Revised Code, and agreeing to waive the right to receive credit 789
for any time served on electronically monitored house detention 790
toward the period of any other dispositional order imposed upon 791
the child for the act for which the dispositional order of 792
electronically monitored house detention was imposed if the child 793
violates any of the restrictions or requirements of the 794
dispositional order of electronically monitored house detention. 795
The court also may impose other reasonable restrictions and 796
requirements upon the child.
(3) If a child violates any of the restrictions or 798
requirements imposed upon the child as part of the child's 799
dispositional order of electronically monitored house detention, 800
the child shall not receive credit for any time served on 801
electronically monitored house detention toward any other 802
dispositional order imposed upon the child for the act for which 803
the dispositional order of electronically monitored house 805
detention was imposed.
(K) Within ten days after completion of the adjudication, 807
the court shall give written notice of an adjudication that a 808
child is a delinquent child to the superintendent of a city, 809
21
local, exempted village, or joint vocational school district if 810
the basis of the adjudication was the commission of an act that 811
would be a criminal offense if committed by an adult and that was 812
committed by the delinquent child when the child was sixteen 813
years of age or older and if the act is any of the following: 814
(1) A violation of section 2923.122 of the Revised Code 816
that relates to property owned or controlled by, or to an 817
activity held under the auspices of, the board of education of 818
that school district; 819
(2) A violation of section 2923.12 of the Revised Code or 821
of a substantially similar municipal ordinance that was committed 822
on property owned or controlled by, or at an activity held under 823
the auspices of, the board of education of that school district; 824
(3) A violation of division (A) of section 2925.03 or 826
2925.11 of the Revised Code that was committed on property owned 827
or controlled by, or at an activity held under the auspices of, 828
the board of education of that school district and that is not a 829
minor drug possession offense as defined in section 2925.01 of 830
the Revised Code;
(4) A violation of section 2903.01, 2903.02, 2903.03, 832
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised 834
Code, or a violation of former section 2907.12 of the Revised
Code, that was committed on property owned or controlled by, or 835
at an activity held under the auspices of, the board of education 836
of that school district, if the victim at the time of the 838
commission of the act was an employee of the board of education 839
of that school district;
(5) Complicity in any violation described in division 841
(K)(1), (2), (3), or (4) of this section that was alleged to have 843
been committed in the manner described in division (K)(1), (2), 844
(3), or (4) of this section, regardless of whether the act of 846
complicity was committed on property owned or controlled by, or 847
at an activity held under the auspices of, the board of education 848
of that school district. 849
22
(L) During the period of a delinquent child's probation 851
granted under division (A)(2) of this section, authorized 854
probation officers who are engaged within the scope of their 855
supervisory duties or responsibilities may search, with or 856
without a warrant, the person of the delinquent child, the place
of residence of the delinquent child, and a motor vehicle, 857
another item of tangible or intangible personal property, or 858
other real property in which the delinquent child has a right, 859
title, or interest or for which the delinquent child has the 860
express or implied permission of a person with a right, title, or 861
interest to use, occupy, or possess if the probation officers 862
have reasonable grounds to believe that the delinquent child is 863
not abiding by the law or otherwise is not complying with the 864
conditions of the delinquent child's probation. The court that 865
places a delinquent child on probation under division (A)(2) of 866
this section shall provide the delinquent child with a written 867
notice that informs the delinquent child that authorized 868
probation officers who are engaged within the scope of their 869
supervisory duties or responsibilities may conduct those types of 871
searches during the period of probation if they have reasonable
grounds to believe that the delinquent child is not abiding by 872
the law or otherwise is not complying with the conditions of the 873
delinquent child's probation. The court also shall provide the 874
written notice described in division (C)(2)(b) of section 875
2151.411 of the Revised Code to each parent, guardian, or
custodian of the delinquent child who is described in division 876
(C)(2)(a) of that section. 877
Sec. 2151.38. (A) When a child is committed to the legal 886
custody of the department of youth services, the jurisdiction of 887
the juvenile court with respect to the child so committed shall 888
cease and terminate at the time of commitment, except as provided 889
in divisions (B) and, (C), AND (G) of this section and except 891
that, if the department of youth services makes a motion to the 892
court for the termination of permanent custody, the court upon 893
23
the motion, after notice and hearing and for good cause shown, 894
may terminate permanent custody at any time prior to the child's 895
attainment of eighteen years of age. The court shall make 896
disposition of the matter in whatever manner will serve the best 898
interests of the child. Subject to divisions (B) and (C) of this 899
section, sections 2151.353 and 2151.411 to 2151.421 of the 900
Revised Code, and any other provision of law that specifies a 902
different duration for a dispositional order, all other 903
dispositional orders made by the court shall be temporary and 904
shall continue for a period that is designated by the court in 905
its order, until terminated or modified by the court or until the 906
child attains twenty-one years of age.
(B)(1)(a) If a child is committed to the department of 908
youth services pursuant to division (A)(4) or (5) of section 909
2151.355 of the Revised Code, except as provided in division 910
(B)(1)(b) and (c) of this section and in section 5139.38 of the 912
Revised Code, THE RELEASE AUTHORITY OF the department shall not 914
release the child from institutional care or institutional care 915
in a secure facility and as a result shall not discharge the 916
child, OR order the child's release on parole, or assign the 918
child to a family home, group care facility, or other place for 919
treatment or rehabilitation, SUPERVISED RELEASE prior to the 920
expiration of the prescribed minimum period of 922
institutionalization or institutionalization in a secure 923
facility, unless the department, the child, or the child's parent 925
requests an early release from institutional care or 926
institutional care in a secure facility from the court that 927
committed the child and the court approves the early release in a 928
journal entry, or unless the court on its own motion grants an 929
early release. A request for early release by the department, 930
the child, or the child's parent shall be made only in accordance 931
with division (B)(2) of this section. 932
If a child is committed to the department of youth services 935
pursuant to division (A)(6) of section 2151.355 of the Revised 936
24
Code, except as provided in division (B)(1)(b) and (c) of this 937
section and in section 5139.38 of the Revised Code, the 939
department shall not release the child from institutional care in 940
a secure facility, and as a result shall not discharge the child, 941
order the child's release on parole, or assign the child to a 943
family home, group care facility, or other place for treatment or 944
rehabilitation, prior to the child's attainment of twenty-one 945
years of age, unless the department, the child, or the child's 947
parent requests an early release from institutional care in a 948
secure facility from the court that committed the child and the 949
court approves the early release in a journal entry, or unless 950
the court on its own motion grants an early release. A request 951
for early release by the department, the child, or the child's 952
parent shall be made only in accordance with division (B)(2) of 953
this section.
(b) If a child is committed to the department of youth 956
services pursuant to division (A)(7) of section 2151.355 of the 957
Revised Code, the department shall not release the child from 959
institutional care in a secure facility, and as a result shall 960
not discharge the child, order the child's release on parole, or 962
assign the child to a family home, group care facility, or other
place for treatment or rehabilitation, prior to the expiration of 964
the period of commitment required to be imposed by that division 966
and prior to the expiration of the prescribed minimum period of 967
institutionalization or institutionalization in a secure facility 968
under division (A)(4) or (5) of that section if either of those 970
divisions applies or prior to the child's attainment of
twenty-one years of age if division (A)(6) of that section 971
applies, unless the department, the child, or the child's parent 972
requests an early release from institutional care or 973
institutional care in a secure facility from the court that 974
committed the child, and the court approves the early release in 975
a journal entry, or unless the court on its own motion grants an 976
early release. The department, the child, or the child's parent 977
25
shall make a request for early release only in accordance with 978
division (B)(2) of this section.
(c) If a child is adjudicated a delinquent child for 981
committing two or more acts that would be felonies if committed
by an adult, if the court entering the delinquent child 982
adjudication ordered the commitment of the child to the legal 983
custody of the department of youth services for 984
institutionalization or institutionalization in a secure facility
pursuant to division (A)(4), (5), or (6) of section 2151.355 of 986
the Revised Code, and if pursuant to division (B)(2) of that 988
section the court ordered the periods of commitment imposed under 989
division (A)(4), (5), or (6) of that section for each of those 991
delinquent acts to be served consecutively in the legal custody
of the department, the department shall not release the child 993
from institutional care or institutional care in a secure 994
facility, and as a result shall not discharge the child, order 996
the child's release on parole, or assign the child to a family 997
home, group care facility, or other place for treatment or 998
rehabilitation, prior to the expiration of any period of 999
commitment imposed under division (A)(7) of that section and 1,000
prior to the earlier of the expiration of the prescribed minimum 1,001
periods or prescribed periods of institutionalization or 1,002
institutionalization in a secure facility imposed under division 1,003
(A)(4), (5), or (6) of that section for each of those delinquent 1,004
acts or the child's attainment of twenty-one years of age, unless 1,005
the department, the child, or the child's parent requests an 1,006
early release from institutional care or institutional care in a 1,007
secure facility from the court that committed the child, and the
court approves the early release in a journal entry, or unless 1,008
the court on its own motion grants an early release. The 1,009
department, the child, or the child's parent shall make a request 1,010
for early release only in accordance with division (B)(2) of this 1,011
section.
(2)(a) If OR PRIOR TO THE CHILD'S ATTAINMENT OF TWENTY-ONE 1,014
26
YEARS OF AGE, WHICHEVER IS APPLICABLE UNDER THE ORDER OF 1,015
COMMITMENT, EXCEPT UPON THE ORDER OF A COURT PURSUANT TO DIVISION 1,017
(B) OR (C) OF THIS SECTION OR IN ACCORDANCE WITH SECTION 5139.54 1,020
OF THE REVISED CODE. 1,022
(B)(1) IF THE DEPARTMENT OF YOUTH SERVICES DESIRES TO 1,024
RELEASE A CHILD DURING THE FIRST HALF OF THE PRESCRIBED MINIMUM 1,025
TERM FOR THE MOST SERIOUS ACT FOR WHICH THE CHILD WAS COMMITTED 1,027
TO THE DEPARTMENT OR, IF THE CHILD WAS COMMITTED TO THE 1,028
DEPARTMENT UNTIL THE CHILD ATTAINS TWENTY-ONE YEARS OF AGE,
DURING THE FIRST HALF OF THE PRESCRIBED PERIOD OF COMMITMENT THAT 1,030
BEGINS ON THE FIRST DAY OF COMMITMENT AND ENDS ON THE CHILD'S
TWENTY-FIRST BIRTHDAY, IT SHALL REQUEST THE COURT THAT COMMITTED 1,032
THE CHILD TO THE DEPARTMENT FOR A JUDICIAL RELEASE OF THE CHILD 1,033
FROM INSTITUTIONAL CARE OR INSTITUTIONAL CARE IN A SECURE 1,034
FACILITY. DURING THE FIRST HALF OF THAT PRESCRIBED MINIMUM TERM 1,035
OR OF THAT PRESCRIBED PERIOD OF COMMITMENT, WHICHEVER OF THOSE 1,036
PERIODS IS APPLICABLE, THE CHILD OR THE PARENTS OF THE CHILD ALSO 1,037
MAY REQUEST THAT COURT TO GRANT A JUDICIAL RELEASE OF THE CHILD 1,038
FROM INSTITUTIONAL CARE OR INSTITUTIONAL CARE IN A SECURE
FACILITY. UPON RECEIPT OF A REQUEST FOR A JUDICIAL RELEASE FROM 1,039
THE DEPARTMENT, THE CHILD, OR THE CHILD'S PARENT OR UPON ITS OWN 1,040
MOTION, THE COURT THAT COMMITTED THE CHILD SHALL APPROVE THE 1,041
JUDICIAL RELEASE FROM INSTITUTIONAL CARE OR INSTITUTIONAL CARE IN 1,043
A SECURE FACILITY BY JOURNAL ENTRY, SHALL SCHEDULE WITHIN TWENTY 1,044
DAYS AFTER THE REQUEST IS RECEIVED A TIME FOR A HEARING ON
WHETHER THE CHILD IS TO BE RELEASED UNDER A JUDICIAL RELEASE, OR 1,046
SHALL REJECT THE REQUEST BY JOURNAL ENTRY WITHOUT CONDUCTING A 1,048
HEARING. IF THE COURT REJECTS AN INITIAL REQUEST FOR A JUDICIAL
RELEASE BY THE CHILD OR THE CHILD'S PARENT, THE CHILD OR THE 1,050
CHILD'S PARENT MAY MAKE ONE ADDITIONAL REQUEST FOR A JUDICIAL 1,051
RELEASE WITHIN THE FIRST HALF OF THE APPLICABLE PRESCRIBED 1,052
MINIMUM TERM OR PRESCRIBED PERIOD OF COMMITMENT. THE CHILD OR 1,053
THE CHILD'S PARENT MAY MAKE THE ADDITIONAL REQUEST NO EARLIER 1,054
THAN THIRTY DAYS AFTER THE FILING OF THE PRIOR REQUEST FOR A 1,055
27
JUDICIAL RELEASE. UPON THE FILING BY THE CHILD OR THE CHILD'S 1,056
PARENT OF A SECOND REQUEST FOR A JUDICIAL RELEASE, THE COURT 1,057
SHALL EITHER APPROVE OR DISAPPROVE THE JUDICIAL RELEASE BY 1,059
JOURNAL ENTRY OR SCHEDULE WITHIN TWENTY DAYS AFTER THE REQUEST IS 1,060
RECEIVED A TIME FOR A HEARING ON WHETHER THE CHILD IS TO BE 1,061
RELEASED UNDER A JUDICIAL RELEASE.
(2) IF A COURT SCHEDULES A HEARING UNDER DIVISION (B)(1) 1,065
OF THIS SECTION TO DETERMINE WHETHER A CHILD SHOULD BE GRANTED A 1,066
JUDICIAL RELEASE, IT MAY ORDER THE DEPARTMENT TO DELIVER THE 1,067
CHILD TO THE COURT ON THE DATE SET FOR THE HEARING AND MAY ORDER 1,068
THE DEPARTMENT TO PRESENT TO THE COURT A REPORT ON THE CHILD'S 1,069
PROGRESS IN THE INSTITUTION TO WHICH THE CHILD WAS COMMITTED AND 1,070
RECOMMENDATIONS FOR TERMS AND CONDITIONS OF SUPERVISION OF THE 1,071
CHILD BY THE COURT AFTER RELEASE. 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 GRANTED A 1,074
JUDICIAL RELEASE FROM INSTITUTIONALIZATION OR
INSTITUTIONALIZATION IN A SECURE FACILITY. IF THE COURT APPROVES 1,076
THE JUDICIAL RELEASE, THE COURT SHALL ORDER ITS STAFF TO PREPARE 1,077
A WRITTEN TREATMENT AND REHABILITATION PLAN FOR THE CHILD THAT 1,078
MAY INCLUDE ANY TERMS AND CONDITIONS OF THE CHILD'S RELEASE THAT 1,079
WERE RECOMMENDED BY THE DEPARTMENT AND APPROVED BY THE COURT.
THE COMMITTING COURT SHALL SEND THE JUVENILE COURT OF THE COUNTY 1,081
IN WHICH THE CHILD IS PLACED A COPY OF THE RECOMMENDED PLAN AND 1,082
THE TERMS AND CONDITIONS SET BY THE COMMITTING COURT. THE COURT 1,083
OF THE COUNTY IN WHICH THE CHILD IS PLACED MAY ADOPT THE 1,084
RECOMMENDED TERMS AND CONDITIONS SET BY THE COMMITTING COURT AS 1,085
AN ORDER OF THE COURT AND MAY ADD ANY ADDITIONAL CONSISTENT TERMS 1,086
AND CONDITIONS IT CONSIDERS APPROPRIATE. 1,087
(C)(1) IF A CHILD IS COMMITTED TO THE DEPARTMENT OF YOUTH 1,089
SERVICES AND HAS BEEN IN INSTITUTIONAL CARE OR INSTITUTIONAL CARE 1,090
IN A SECURE FACILITY FOR MORE THAN ONE-HALF OF THE PRESCRIBED 1,091
MINIMUM TERM FOR THE MOST SERIOUS ACT FOR WHICH THE CHILD WAS 1,093
COMMITTED OR, IF THE CHILD WAS COMMITTED TO THE DEPARTMENT UNTIL
28
THE CHILD ATTAINS TWENTY-ONE YEARS OF AGE, FOR MORE THAN ONE-HALF 1,094
OF THE PRESCRIBED PERIOD OF COMMITMENT THAT BEGINS ON THE FIRST 1,096
DAY OF COMMITMENT AND ENDS ON THE CHILD'S TWENTY-FIRST BIRTHDAY, 1,097
IF THE PRESCRIBED MINIMUM PERIOD OF INSTITUTIONALIZATION OR OTHER 1,099
STATUTORILY REQUIRED PERIOD OF INSTITUTIONALIZATION HAS NOT 1,100
EXPIRED, AND IF the department of youth services desires to 1,101
release a THE child committed to it pursuant to division (A)(4) 1,103
or (5) of section 2151.355 of the Revised Code from institutional 1,104
care or institutional care in a secure facility prior to the 1,105
expiration of the prescribed minimum periods of 1,108
institutionalization, if it desires to release a child committed 1,109
to it pursuant to division (A)(6) of that section from 1,110
institutional care in a secure facility prior to the child's
attainment of twenty-one years of age, if it desires to release a 1,112
child committed to it pursuant to division (A)(7) of that section 1,113
from institutional care in a secure facility prior to the 1,114
expiration of the period of commitment required to be imposed by 1,115
that division and prior to the expiration of the prescribed 1,116
minimum period of institutionalization or institutionalization in 1,117
a secure facility under division (A)(4) or (5) of that section if 1,118
either of those divisions applies or prior to the child's 1,119
attainment of twenty-one years of age if division (A)(6) of that 1,120
section applies, or if it desires to release a child committed to 1,121
it under the circumstances described in division (B)(1)(c) of 1,123
this section prior to the expiration of the prescribed minimum 1,124
periods or prescribed periods of institutionalization or 1,126
institutionalization in a secure facility described in that 1,127
division, except as provided in section 5139.38 of the Revised 1,128
Code, it shall request the court that committed the child for an 1,129
early release from institutional care or institutional care in a 1,130
secure facility.
Upon receipt of a request for a child's early release filed 1,132
by the department under this section at any time or upon its own 1,133
motion at any time, the court that committed the child to the 1,134
29
department shall approve the early release from institutional 1,135
care or institutional care in a secure facility by journal entry, 1,136
shall schedule a time within thirty days for a hearing on whether 1,138
the child is to be released, or shall reject the request by 1,139
journal entry without conducting a hearing. 1,140
(b) If a child who has been committed to the department 1,142
pursuant to division (A)(4), (5), (6), or (7) of section 2151.355 1,143
of the Revised Code or the parents of a child so committed seek 1,144
the child's early release from institutional care or 1,146
institutional care in a secure facility as described in division 1,147
(B)(1)(a), (b), or (c) of this section DURING THE APPLICABLE 1,148
PERIOD COMMENCING UPON THE EXPIRATION OF THE FIRST HALF OF THAT 1,150
PRESCRIBED MINIMUM TERM OR PRESCRIBED PERIOD OF COMMITMENT AND
ENDING UPON THE EXPIRATION OF THE REQUIRED MINIMUM OR OTHER 1,153
PERIOD OF INSTITUTIONALIZATION OR INSTITUTIONALIZATION IN A 1,154
SECURE FACILITY, the child or the child's parent shall ALSO MAY 1,155
request the court that committed the child to grant an early 1,156
release. No request of that type initially may be made prior to 1,157
the expiration of thirty days from the day on which the child 1,158
began institutional care or institutional care in a secure 1,159
facility. Upon the filing RECEIPT of an initial A request for 1,162
early release FROM THE DEPARTMENT, THE CHILD, OR THE CHILD'S 1,163
PARENT OR UPON ITS OWN MOTION AT ANY TIME DURING THAT PERIOD, the
court shall approve the early release by journal entry, shall 1,165
schedule a time within thirty days AFTER RECEIPT OF THE REQUEST 1,166
for a hearing on whether the child is to be released, or shall 1,168
reject the request by journal entry without conducting a hearing. 1,169
If THE COURT REJECTS an initial request for early release is 1,170
rejected BY THE CHILD OR THE CHILD'S PARENTS, WITHIN THE PERIOD 1,171
PRESCRIBED IN DIVISION (C)(1) OF THIS SECTION, the child or the 1,173
child's parent may make one or more subsequent requests for early 1,174
release but may make no more than one request for early release 1,175
during each period of ninety days that the child is 1,176
institutionalized or institutionalized in a secure facility after 1,177
30
the filing of a prior request for early release. Upon the filing 1,178
of any A request for early release subsequent to an initial 1,179
request, the court shall either approve or disapprove the early 1,180
release by journal entry or schedule a time within thirty days 1,181
AFTER RECEIPT OF THE REQUEST for a hearing on whether the child 1,182
is to be released.
(c)(2) If a court schedules a hearing UNDER DIVISION 1,185
(C)(1) OF THIS SECTION to determine whether a child committed to 1,186
the department should be granted an early release, either upon 1,187
receipt of a request filed by the department under division 1,188
(B)(2)(a) of this section or filed by the child or the child's 1,189
parent in accordance with the time periods prescribed in division 1,190
(B)(2)(b) of this section, or upon its own motion, it may order 1,191
the department to deliver the child to the court on the date set 1,192
for the hearing and shall order the department to present to the 1,193
court at that time a treatment plan for the child's 1,194
post-institutional care. The court may conduct the hearing 1,195
without the child being present. The court shall determine at 1,196
the hearing whether the child should be released GRANTED AN EARLY 1,197
RELEASE from institutionalization or institutionalization in a 1,198
secure facility. If the court approves the early release, the 1,200
department shall prepare a written treatment and rehabilitation 1,201
plan for the child pursuant to division (D)(E) of this section 1,203
that shall include the terms and conditions of the child's 1,204
release. It shall send the committing court and the juvenile
court of the county in which the child is placed a copy of the 1,205
plan and the terms and conditions that it fixed. The court of 1,206
the county in which the child is placed may adopt the terms and 1,207
conditions set by the department as an order of the court and may 1,208
add any additional consistent terms and conditions it considers 1,209
appropriate, PROVIDED THAT THE COURT MAY NOT ADD ANY TERM OR 1,211
CONDITION THAT DECREASES THE LEVEL OR DEGREE OF SUPERVISION 1,212
SPECIFIED BY THE DEPARTMENT IN ITS PLAN, THAT SUBSTANTIALLY 1,213
INCREASES THE FINANCIAL BURDEN OF SUPERVISION THAT WILL BE 1,214
31
EXPERIENCED BY THE DEPARTMENT, OR THAT ALTERS THE PLACEMENT 1,215
SPECIFIED BY THE DEPARTMENT IN ITS PLAN. IF THE COURT OF THE 1,216
COUNTY IN WHICH THE CHILD IS PLACED ADDS TO THE DEPARTMENT'S PLAN 1,217
ANY ADDITIONAL TERMS AND CONDITIONS, IT SHALL ENTER THOSE 1,218
ADDITIONAL TERMS AND CONDITIONS IN ITS JOURNAL AND SHALL SEND TO 1,219
THE DEPARTMENT A COPY OF THE JOURNAL ENTRY OF THE ADDITIONAL 1,220
TERMS AND CONDITIONS. If
(D) IF a child is released under this division (B) OR (C) 1,223
OF THIS SECTION and the court of the county in which the child is 1,224
placed has reason to believe that the child has CHILD'S 1,225
DEPORTMENT IS not deported self in accordance with any THE 1,227
post-release terms and conditions established by the court in its 1,229
journal entry OF THE CHILD'S JUDICIAL RELEASE OR EARLY RELEASE, 1,230
the court of the county in which the child is placed shall 1,231
schedule a time for a hearing on TO DETERMINE whether the child 1,233
violated any of the post-release terms and conditions. If the 1,234
THAT court of the county in which the child is placed determines 1,236
at the hearing that the child violated any of the post-release 1,237
terms and conditions established by the court in its journal 1,238
entry, the court, if it determines that the violation of the 1,239
terms and conditions was a serious violation, may order the child 1,240
to be returned to the department for institutionalization or 1,241
institutionalization in a secure facility, consistent with the
original order of commitment of the child, or in any case may 1,242
make any other disposition of the child authorized by law that 1,243
the court considers proper. If the court of the county in which 1,244
the child is placed orders the child to be returned to a 1,245
department of youth services institution, the time during which 1,246
the child was institutionalized or institutionalized in a secure 1,247
facility prior to the child's JUDICIAL RELEASE OR early release 1,249
shall be considered as time served in fulfilling the prescribed 1,250
minimum period or prescribed period of institutionalization or 1,251
institutionalization in a secure facility that is applicable to 1,253
the child under the child's original order of commitment. If the 1,254
32
court orders the child returned to a department of youth services 1,255
institution, the child shall remain in institutional care for a 1,256
minimum period of three months or until the child successfully 1,257
completes a specialized parole SUPERVISED RELEASE revocation 1,258
program of a duration of not less than thirty days operated 1,260
either by the department or by an entity with whom the department 1,261
has contracted to provide a specialized parole SUPERVISED RELEASE 1,262
revocation program. 1,263
(C) If a child is committed to the department of youth 1,265
services pursuant to division (A)(4) or (5) of section 2151.355 1,266
of the Revised Code and the child has been institutionalized or 1,267
institutionalized in a secure facility for the prescribed minimum 1,269
periods of time under those divisions, the department, without 1,270
approval of the court that committed the child, may release the 1,271
child from institutional care or discharge the child. If the 1,272
department releases the child from institutional care and then 1,273
orders the child's release on parole or assigns the child to a 1,274
family home, group care facility, or other place for treatment or 1,276
rehabilitation, the department also shall prepare a written 1,277
treatment and rehabilitation plan for the child pursuant to 1,278
division (D) of this section that shall include the terms and 1,279
conditions of the child's release or assignment, and shall send 1,280
the committing court and the juvenile court of the county in 1,281
which the child is placed a copy of the plan and the terms and 1,282
conditions that it fixed. The court of the county in which the 1,283
child is placed may adopt the terms and conditions as an order of 1,284
the court and may add any additional consistent terms and 1,285
conditions it considers appropriate. The release, discharge, 1,286
release on parole, or assignment shall be in accordance with 1,287
division (C) of section 5139.06 of the Revised Code. Upon 1,288
notification of a pending release, discharge, release on parole, 1,289
or assignment in accordance with that division, the committing 1,290
court shall enter the notification in its journal. If a child is 1,291
released on parole or is assigned subject to specified terms and 1,292
33
conditions and the court of the county in which the child is 1,293
placed has reason to believe that the child has not deported self 1,295
in accordance with any post-release terms and conditions 1,296
established by the court in its journal entry, the court of the 1,297
county in which the child is placed, in its discretion, may 1,298
schedule a time for a hearing on whether the child violated any 1,299
of the post-release terms and conditions. If the court of the 1,300
county in which the child is placed conducts a hearing and 1,301
determines at the hearing that the child violated any of the 1,302
post-release terms and conditions established in its journal 1,303
entry, the court, if it determines that the violation of the 1,304
terms and conditions was a serious violation, may order the child 1,305
to be returned to the department of youth services for 1,306
institutionalization, or in any case may make any other 1,307
disposition of the child authorized by law that the court 1,308
considers proper. If the court of the county in which the child 1,309
is placed orders the child to be returned to a department of 1,310
youth services institution, the child shall remain 1,311
institutionalized for a minimum period of three months or until 1,312
the child successfully completes a specialized parole revocation 1,313
program of a duration of not less than thirty days operated 1,314
either by the department or by an entity with whom the department 1,315
has contracted to provide a specialized parole revocation 1,316
program. 1,317
(D)(E) The department of youth services, prior to the 1,319
release of a child pursuant to division (B) or (C) of this 1,320
section, shall do all of the following: 1,321
(1) After reviewing the child's rehabilitative progress 1,323
history and medical and educational records, prepare a written 1,324
treatment and rehabilitation plan for the child that shall 1,325
include terms and conditions of the release; 1,326
(2) Completely discuss the terms and conditions of the 1,328
plan prepared pursuant to division (D)(1)(E)(1) of this section 1,330
and the possible penalties for violation of the plan with the 1,331
34
child and the child's parents, guardian, or legal custodian; 1,332
(3) Have the plan prepared pursuant to division 1,334
(D)(1)(E)(1) of this section signed by the child, the child's 1,336
parents, legal guardian, or custodian, and any authority or 1,338
person that is to supervise, control, and provide supportive 1,339
assistance to the child at the time of the child's release 1,340
pursuant to division (B) or (C) of this section; 1,341
(4) File a copy of the treatment plan prepared pursuant to 1,343
division (D)(1)(E)(1) of this section, prior to the child's 1,344
release, with the committing court and the juvenile court of the 1,346
county in which the child is to be placed. 1,347
(E)(F) The department of youth services shall file a 1,349
written progress report with the committing court regarding each 1,350
child released pursuant to division (B) or (C) of this section, 1,351
at least once every thirty days unless specifically directed 1,352
otherwise by the court. The report shall indicate the treatment 1,353
and rehabilitative progress of the child and the child's family, 1,354
if applicable, and shall include any suggestions and 1,355
recommendations for alteration of the program, custody, living 1,356
arrangements, or treatment. The department shall retain legal 1,357
custody of a child so released until it discharges the child or 1,358
until the custody is terminated as otherwise provided by law. 1,359
(G)(1) AS USED IN DIVISION (G)(2) OF THIS SECTION, 1,363
"RELEASE AUTHORITY" AND "SUPERVISED RELEASE" HAVE THE SAME 1,364
MEANINGS AS IN SECTION 5139.01 OF THE REVISED CODE. 1,365
(2) WHEN A CHILD IS COMMITTED TO THE LEGAL CUSTODY OF THE 1,367
DEPARTMENT OF YOUTH SERVICES, THE COURT RETAINS JURISDICTION TO 1,368
PERFORM THE FUNCTIONS SPECIFIED IN SECTION 5139.51 OF THE REVISED 1,370
CODE WITH RESPECT TO THE GRANTING OF SUPERVISED RELEASE BY THE 1,372
RELEASE AUTHORITY AND TO PERFORM THE FUNCTIONS SPECIFIED IN 1,373
SECTION 5139.52 OF THE REVISED CODE WITH RESPECT TO VIOLATIONS OF 1,376
THE TERMS AND CONDITIONS OF SUPERVISED RELEASE GRANTED BY THE
RELEASE AUTHORITY AND TO THE REVOCATION OF SUPERVISED RELEASE 1,378
GRANTED BY THE RELEASE AUTHORITY.
35
Sec. 5139.01. (A) As used in this chapter: 1,387
(1) "Commitment" means the transfer of the physical 1,389
custody of a child or youth from the court to the department of 1,390
youth services. 1,391
(2) "Permanent commitment" means a commitment that vests 1,393
legal custody of a child in the department of youth services. 1,394
(3) "Legal custody," insofar as it pertains to the status 1,396
that is created when a child is permanently committed to the 1,397
department of youth services, means a legal status in which the 1,398
department has the following rights and responsibilities: the 1,399
right to have physical possession of the child; the right and 1,400
duty to train, protect, and control the child; the responsibility 1,402
to provide the child with food, clothing, shelter, education, and 1,404
medical care; and the right to determine where and with whom the 1,405
child shall live, subject to the minimum periods of, or periods 1,407
of, institutional care prescribed in section 2151.355 of the 1,409
Revised Code; provided, that these rights and responsibilities 1,410
are exercised subject to the powers, rights, duties, and 1,411
responsibilities of the guardian of the person of the child, and 1,412
subject to any residual parental rights and responsibilities. 1,413
(4) Unless the context requires a different meaning, 1,415
"institution" means a state facility that is created by the 1,416
general assembly and that is under the management and control of 1,417
the department of youth services or a private entity with which 1,418
the department has contracted for the institutional care and 1,419
custody of felony delinquents.
(5) "Full-time care" means care for twenty-four hours a 1,421
day for over a period of at least two consecutive weeks. 1,422
(6) "Placement" means the conditional release of a child 1,424
under the terms and conditions that are specified by the 1,425
department of youth services. The department shall retain legal 1,426
custody of a child released pursuant to division (B)(C) of 1,427
section 2151.38 of the Revised Code or division (C) of section 1,429
5139.06 of the Revised Code until the time that it discharges the 1,430
36
child or until the legal custody is terminated as otherwise 1,431
provided by law. 1,432
(7) "Home placement" means the placement of a child in the 1,434
home of the child's parent or parents or in the home of the 1,435
guardian of the child's person. 1,437
(8) "Discharge" means that the department of youth 1,439
services' legal custody of a child is terminated. 1,440
(9) "Release" means the termination of a child's stay in 1,442
an institution. A child released pursuant to division (B) of 1,443
section 2151.38 or pursuant to division (C) of section 5139.06 of 1,444
the Revised Code shall be on parole until discharged pursuant to 1,445
division (C)(5) of section 5139.06 of the Revised Code or until 1,446
legal custody is terminated as otherwise provided by law AND THE 1,447
SUBSEQUENT PERIOD DURING WHICH THE CHILD RETURNS TO THE COMMUNITY 1,448
UNDER THE TERMS AND CONDITIONS OF SUPERVISED RELEASE. 1,449
(10) "Delinquent child" has the same meaning as in section 1,451
2151.02 of the Revised Code. 1,452
(11) "Felony delinquent" means any child who is at least 1,454
twelve years of age but less than eighteen years of age and who 1,455
is adjudicated a delinquent child for having committed an act 1,456
that if committed by an adult would be a felony. "Felony 1,457
delinquent" includes any adult who is between the ages of 1,458
eighteen and twenty-one and who is in the legal custody of the 1,459
department of youth services for having committed an act that if 1,460
committed by an adult would be a felony. 1,461
(12) "Juvenile traffic offender" has the same meaning as 1,463
in section 2151.021 of the Revised Code. 1,464
(13) "Public safety beds" means all of the following: 1,466
(a) Felony delinquents who have been committed to the 1,468
department of youth services for the commission of an act, other 1,469
than a violation of section 2911.01 or 2911.11 of the Revised 1,470
Code, that is a category one offense or a category two offense 1,471
and who are in the care and custody of an institution or have 1,472
been diverted from care and custody in an institution and placed 1,473
37
in a community corrections facility; 1,474
(b) Felony delinquents who, while committed to the 1,476
department of youth services and in the care and custody of an 1,477
institution or a community corrections facility, are adjudicated 1,478
delinquent children for having committed in that institution or 1,479
community corrections facility an act that if committed by an 1,480
adult would be a felony or a misdemeanor;
(c) Children who satisfy all of the following: 1,482
(i) They are at least twelve years of age but less than 1,485
eighteen years of age.
(ii) They are adjudicated delinquent children for having 1,488
committed acts that if committed by an adult would be a felony. 1,489
(iii) They are committed to the department of youth 1,492
services by the juvenile court of a county that has had one-tenth 1,493
of one per cent or less of the statewide adjudications for felony 1,494
delinquents as averaged, through December 31, 1995, for the past
two fiscal years or as averaged, on and after January 1, 1996, 1,495
for the past four fiscal years. 1,496
(iv) They are in the care and custody of an institution or 1,498
a community corrections facility. 1,499
(d) Felony delinquents who, while committed to the 1,501
department of youth services and in the care and custody of an 1,502
institution, commit in that institution an act that if committed 1,503
by an adult would be a felony, who are serving administrative 1,504
time, as defined by rules of the department adopted pursuant to 1,505
division (E) of section 5139.04 of the Revised Code, for having
committed that act, and who have been institutionalized or 1,506
institutionalized in a secure facility for the minimum period of 1,507
time specified in division (A)(4) or (5) of section 2151.355 of 1,508
the Revised Code.
(e) Felony delinquents who are subject to and serving a 1,510
three-year period of commitment order imposed by a juvenile court 1,511
pursuant to division (A)(7) of section 2151.355 of the Revised 1,513
Code for an act, other than a violation of section 2911.11 of the 1,514
38
Revised Code, that would be a category one offense or category 1,515
two offense if committed by an adult.
(f) FELONY DELINQUENTS WHO ARE DESCRIBED IN DIVISION 1,519
(A)(13)(a) OF THIS SECTION, WHO HAVE BEEN GRANTED A JUDICIAL 1,520
RELEASE UNDER DIVISION (B) OF SECTION 2151.38 OF THE REVISED CODE 1,522
OR AN EARLY RELEASE UNDER DIVISION (C) OF THAT SECTION FROM THE 1,524
COMMITMENT TO THE DEPARTMENT OF YOUTH SERVICES FOR THE ACT 1,525
DESCRIBED IN DIVISION (A)(13)(a) OF THIS SECTION, WHO HAVE 1,527
VIOLATED THE TERMS AND CONDITIONS OF THAT JUDICIAL RELEASE OR 1,528
EARLY RELEASE, AND WHO, PURSUANT TO AN ORDER OF THE COURT OF THE 1,529
COUNTY IN WHICH THE PARTICULAR FELONY DELINQUENT WAS PLACED ON 1,530
RELEASE THAT IS ISSUED PURSUANT TO DIVISION (D) OF SECTION 1,531
2151.38 OF THE REVISED CODE, HAVE BEEN RETURNED TO THE DEPARTMENT 1,533
FOR INSTITUTIONALIZATION OR INSTITUTIONALIZATION IN A SECURE 1,534
FACILITY.
(g) FELONY DELINQUENTS WHO HAVE BEEN COMMITTED TO THE 1,537
CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES, WHO HAVE BEEN 1,538
GRANTED SUPERVISED RELEASE FROM THE COMMITMENT PURSUANT TO 1,539
SECTION 5139.51 OF THE REVISED CODE, WHO HAVE VIOLATED THE TERMS 1,541
AND CONDITIONS OF THAT SUPERVISED RELEASE, AND WHO, PURSUANT TO 1,542
AN ORDER OF THE COURT OF THE COUNTY IN WHICH THE PARTICULAR CHILD 1,543
WAS PLACED ON SUPERVISED RELEASE ISSUED PURSUANT TO DIVISION (F) 1,544
OF SECTION 5139.52 OF THE REVISED CODE, HAVE HAD THE SUPERVISED 1,545
RELEASE REVOKED AND HAVE BEEN RETURNED TO THE DEPARTMENT FOR 1,546
INSTITUTIONALIZATION. A FELONY DELINQUENT DESCRIBED IN THIS 1,547
DIVISION SHALL BE A PUBLIC SAFETY BED ONLY FOR THE TIME DURING 1,548
WHICH THE FELONY DELINQUENT IS INSTITUTIONALIZED AS A RESULT OF 1,549
THE REVOCATION SUBSEQUENT TO THE INITIAL THIRTY-DAY PERIOD OF 1,550
INSTITUTIONALIZATION REQUIRED BY DIVISION (F) OF SECTION 5139.52 1,551
OF THE REVISED CODE. 1,552
(14) "State target youth" means twenty-five per cent of 1,554
the projected total number of felony delinquents for each year of 1,555
a biennium, factoring in revocations and recommitments. 1,556
(15) Unless the context requires a different meaning, 1,558
39
"community corrections facility" means a county or multicounty 1,559
rehabilitation center for felony delinquents who have been 1,560
committed to the department of youth services and diverted from 1,561
care and custody in an institution and placed in the 1,562
rehabilitation center pursuant to division (E) of section 5139.36 1,563
of the Revised Code. 1,564
(16) "Secure facility" means any facility that is designed 1,566
and operated to ensure that all of its entrances and exits are 1,567
under the exclusive control of its staff and to ensure that, 1,568
because of that exclusive control, no child who has been 1,569
institutionalized in the facility may leave the facility without
permission or supervision. 1,570
(17) "Community residential program" means a program that 1,572
satisfies both of the following: 1,573
(a) It is housed in a building or other structure that has 1,575
no associated major restraining construction, including, but not 1,576
limited to, a security fence. 1,577
(b) It provides twenty-four-hour care, supervision, and 1,579
programs for felony delinquents who are in residence. 1,580
(18) "Category one offense" and "category two offense" 1,582
have the same meanings is in section 2151.26 of the Revised Code. 1,583
(19) "REVOCATION" MEANS THE ACT OF REVOKING A CHILD'S 1,585
SUPERVISED RELEASE FOR A VIOLATION OF A TERM OR CONDITION OF THE 1,586
CHILD'S SUPERVISED RELEASE IN ACCORDANCE WITH SECTION 5139.52 OF 1,588
THE REVISED CODE.
(20) "RELEASE AUTHORITY" MEANS THE RELEASE AUTHORITY OF 1,591
THE DEPARTMENT OF YOUTH SERVICES THAT IS ESTABLISHED BY SECTION
5139.50 OF THE REVISED CODE. 1,593
(21) "SUPERVISED RELEASE" MEANS THE EVENT OF THE RELEASE 1,596
OF A CHILD UNDER THIS CHAPTER FROM AN INSTITUTION AND THE PERIOD
AFTER THAT RELEASE DURING WHICH THE CHILD IS SUPERVISED AND 1,597
ASSISTED BY AN EMPLOYEE OF THE DEPARTMENT OF YOUTH SERVICES UNDER 1,598
SPECIFIC TERMS AND CONDITIONS FOR REINTEGRATION OF THE CHILD INTO 1,599
THE COMMUNITY.
40
(22) "VICTIM" MEANS THE PERSON IDENTIFIED IN A POLICE 1,602
REPORT, COMPLAINT, OR INFORMATION AS THE VICTIM OF AN ACT THAT 1,604
WOULD HAVE BEEN A CRIMINAL OFFENSE IF COMMITTED BY AN ADULT AND 1,605
THAT PROVIDED THE BASIS FOR ADJUDICATION PROCEEDINGS RESULTING IN 1,606
A CHILD'S COMMITMENT TO THE LEGAL CUSTODY OF THE DEPARTMENT OF 1,607
YOUTH SERVICES.
(23) "VICTIM'S REPRESENTATIVE" MEANS A MEMBER OF THE 1,609
VICTIM'S FAMILY OR ANOTHER PERSON WHOM THE VICTIM DESIGNATES IN 1,610
WRITING, PURSUANT TO SECTION 5139.56 OF THE REVISED CODE, TO 1,611
REPRESENT THE VICTIM WITH RESPECT TO PROCEEDINGS OF THE RELEASE 1,612
AUTHORITY OF THE DEPARTMENT OF YOUTH SERVICES. 1,613
(24) "MEMBER OF THE VICTIM'S FAMILY" MEANS A SPOUSE, 1,615
CHILD, STEPCHILD, SIBLING, PARENT, STEPPARENT, GRANDPARENT, OTHER 1,616
RELATIVE, OR LEGAL GUARDIAN OF A CHILD BUT DOES NOT INCLUDE A 1,617
PERSON CHARGED WITH, CONVICTED OF, OR ADJUDICATED A DELINQUENT 1,618
CHILD FOR COMMITTING A CRIMINAL OR DELINQUENT ACT AGAINST THE 1,619
VICTIM OR ANOTHER CRIMINAL OR DELINQUENT ACT ARISING OUT OF THE 1,621
SAME CONDUCT, CRIMINAL OR DELINQUENT EPISODE, OR PLAN AS THE
CRIMINAL OR DELINQUENT ACT COMMITTED AGAINST THE VICTIM. 1,622
(25) "JUDICIAL RELEASE" MEANS A RELEASE OF A CHILD FROM 1,624
INSTITUTIONAL CARE OR INSTITUTIONAL CARE IN A SECURE FACILITY 1,625
THAT IS GRANTED BY A COURT PURSUANT TO DIVISION (B) OF SECTION 1,627
2151.38 OF THE REVISED CODE DURING THE PERIOD SPECIFIED IN THAT 1,629
DIVISION.
(26) "EARLY RELEASE" MEANS A RELEASE OF A CHILD FROM 1,631
INSTITUTIONAL CARE OR INSTITUTIONAL CARE IN A SECURE FACILITY 1,632
THAT IS GRANTED BY A COURT PURSUANT TO DIVISION (C) OF SECTION 1,634
2151.38 OF THE REVISED CODE DURING THE PERIOD SPECIFIED IN THAT 1,636
DIVISION.
(B) There is hereby created the department of youth 1,638
services. The governor shall appoint the director of the 1,639
department with the advice and consent of the senate. The 1,640
director shall hold office during the term of the appointing 1,641
governor but subject to removal at the pleasure of the governor. 1,642
41
Except as otherwise authorized in section 108.05 of the Revised 1,643
Code, the director shall devote the director's entire time to the 1,645
duties of the director's office and shall hold no other office or 1,646
position of trust or profit during the director's term of office. 1,648
The director is the chief executive and administrative 1,650
officer of the department and has all the powers of a department 1,651
head set forth in Chapter 121. of the Revised Code. The director 1,653
may adopt rules for the government of the department, the conduct 1,654
of its officers and employees, the performance of its business, 1,655
and the custody, use, and preservation of the department's 1,656
records, papers, books, documents, and property. The director 1,657
shall be an appointing authority within the meaning of Chapter 1,658
124. of the Revised Code. Whenever this or any other chapter or 1,659
section of the Revised Code imposes a duty on or requires an 1,660
action of the department, the duty or action shall be performed 1,661
by the director or, upon the director's order, in the name of the 1,662
department. 1,663
Sec. 5139.04. The department of youth services shall do 1,672
all of the following: 1,673
(A) Support service districts through a central 1,675
administrative office that shall have as its administrative head 1,676
a deputy director who shall be appointed by the director of the 1,677
department. When a vacancy occurs in the office of that deputy 1,678
director, an assistant deputy director shall act as that deputy 1,680
director until the vacancy is filled. The position of deputy 1,681
director and assistant deputy director described in this division 1,682
shall be in the unclassified civil service of the state. 1,684
(B) Receive custody of all children committed to it under 1,686
Chapter 2151. of the Revised Code, cause a study to be made of 1,687
those children, and issue any orders, as it considers best suited 1,688
to the needs of any of those children and the interest of the 1,689
public, for the treatment of each of those children; 1,690
(C) Obtain personnel necessary for the performance of its 1,692
duties; 1,693
42
(D) Train or provide for training of probation and youth 1,695
correction workers; 1,696
(E) Adopt rules that regulate its organization and 1,699
operation, that implement sections 5139.41 to 5139.45 of the 1,700
Revised Code, that define administrative time for purposes of 1,701
division (A)(13)(d) of section 5139.01 of the Revised Code, and 1,703
that pertain to the administration of other sections of this 1,705
chapter;
(F) Submit reports of its operations to the governor and 1,707
the general assembly by the thirty-first day of January of each 1,708
odd-numbered year; 1,709
(G) Conduct a program of research in diagnosis, training, 1,711
and treatment of delinquent children to evaluate the 1,712
effectiveness of the department's services and to develop more 1,713
adequate methods; 1,714
(H) Receive reports from the juvenile courts under 1,716
division (C)(3)(b) of section 5139.43 of the Revised Code and 1,717
prepare an annual report of state juvenile court statistics and 1,718
information based upon those reports. The department shall make 1,719
available a copy of the annual report to the governor and members 1,720
of the general assembly upon request. 1,721
(I) DEVELOP A STANDARD FORM FOR THE PREDISPOSITION 1,723
INVESTIGATION REPORT THAT A JUVENILE COURT IS REQUIRED PURSUANT 1,724
TO SECTION 2151.355 OF THE REVISED CODE TO COMPLETE AND PROVIDE 1,725
TO THE DEPARTMENT WHEN THE COURT COMMITS A CHILD TO THE LEGAL 1,726
CUSTODY OF THE DEPARTMENT;
(J) Do all other acts necessary or desirable to carry out 1,728
this chapter. 1,729
Sec. 5139.05. (A) The juvenile court may commit any child 1,738
to the department of youth services permanently as authorized in 1,739
section 2151.355 of the Revised Code, provided that any child so 1,740
committed shall be at least twelve years of age at the time of 1,741
the child's commitment. Any order to commit a child to an 1,742
institution under the control and management of the department 1,744
43
shall have the effect of ordering that the child be committed to 1,745
the department and assigned to an institution as follows: 1,746
(1) For an indefinite term consisting of the prescribed 1,749
minimum period of time and a maximum period not to exceed the 1,750
child's attainment of twenty-one years of age, if the child was 1,751
committed pursuant to division (A)(4) or (5) of section 2151.355 1,752
of the Revised Code;
(2) Until the child's attainment of twenty-one years of 1,754
age, if the child was committed pursuant to division (A)(6) of 1,756
that section;
(3) For a period of commitment that shall be in addition 1,758
to, and shall be served consecutively with and prior to, a period 1,759
of commitment described in division (A)(1) or (2) of this 1,760
section, if the child was committed pursuant to division (A)(7) 1,761
of section 2151.355 of the Revised Code; 1,763
(4) For any period of commitment imposed under division 1,765
(A)(7) of section 2151.355 of the Revised Code and for 1,768
consecutive periods of commitment as described in division (A)(1) 1,769
or (2) of this section, if the child was the subject of a 1,770
consecutive periods of commitment order issued by the court 1,771
pursuant to division (B)(2) of section 2151.355 of the Revised 1,772
Code.
(B) The RELEASE AUTHORITY OF THE department of youth 1,774
services, IN ACCORDANCE WITH SECTION 5139.51 OF THE REVISED CODE, 1,775
may grant the release from institutionalization of any child 1,777
committed to it pursuant to division (A)(4), (5), (6), or (7) of 1,778
section 2151.355 of the Revised Code in a manner consistent with 1,779
section 5139.38 of the Revised Code, in a manner consistent with 1,780
division (B) of section 2151.38 of the Revised Code if that 1,781
division is applicable to the child, or in a manner consistent 1,782
with division (C) of section 5139.06 of the Revised Code if 1,783
division (B) of section 2151.38 of the Revised Code is no longer 1,784
applicable to the child THE DEPARTMENT.
The order committing a child to the department of youth 1,786
44
services shall state that the child has been adjudicated a 1,787
delinquent child and that the commitment is permanent. The 1,788
jurisdiction of the court terminates at the time of the 1,789
commitment except in relation to procedures for the JUDICIAL 1,790
RELEASE OR early release of children from institutionalization or 1,792
institutionalization in a secure facility and hearings conducted 1,794
relative to JUDICIAL RELEASE OR early release,; except in 1,796
relation to its authority to add ADDITIONAL consistent terms and 1,798
conditions, REGARDING EARLY RELEASE THAT ARE NOT PROHIBITED UNDER 1,799
DIVISION (C)(2) OF SECTION 2151.38 OF THE REVISED CODE; EXCEPT IN 1,801
RELATION TO ITS AUTHORITY TO ADD ADDITIONAL TERMS AND CONDITIONS 1,802
REGARDING JUDICIAL RELEASE; except in relation to hearings 1,805
conducted relative to violations of post-release THE terms and 1,806
conditions, OF A JUDICIAL RELEASE OR EARLY RELEASE; EXCEPT IN 1,808
RELATION TO THE FUNCTIONS OF THE COURT RELATED TO THE GRANTING OF 1,809
SUPERVISED RELEASE, WITH RESPECT TO VIOLATIONS OF SUPERVISED 1,810
RELEASE, AND WITH RESPECT TO FUNCTIONS OF THE COURT RELATED TO 1,811
THE REVOCATION OF SUPERVISED RELEASE THAT ARE SPECIFIED IN 1,812
SECTIONS 5139.51 AND 5139.52 OF THE REVISED CODE; and except that 1,816
the department may petition the court for an order terminating 1,817
its custody. When a child has been committed permanently to the 1,818
department, the department shall retain legal custody of the 1,819
child until the time that it divests itself of the legal custody 1,820
of the child by discharging the child to the exclusive 1,821
management, control, and custody of the child's parent or the 1,822
guardian of the child's person, until the committing court, upon 1,824
its own motion, upon petition of the parent, guardian of the 1,825
person, or next friend of a child, or upon petition of the 1,826
department, terminates the department's legal custody of the 1,827
child, or until the department's legal custody of the child is 1,828
terminated automatically by the child attaining twenty-one years 1,829
of age.
(C) When a child is committed to the department of youth 1,831
services, the department may assign the child to a hospital for 1,832
45
mental, physical, and other examination, inquiry, or treatment 1,833
for the period of time that is necessary. The department may 1,834
remove any child in its custody to a hospital for observation, 1,835
and a complete report of every observation at the hospital shall 1,837
be made in writing and shall include a record of observation, 1,838
treatment, and medical history and a recommendation for future 1,839
treatment, custody, and maintenance. The department shall 1,840
thereupon order the placement and treatment that it determines to 1,841
be most conducive to the purposes of Chapters 2151. and 5139. of 1,842
the Revised Code. The committing court and all public 1,843
authorities shall make available to the department all pertinent 1,844
data in their possession with respect to the case.
(D) Records maintained by the department of youth services 1,846
pertaining to the children in its custody shall be accessible 1,847
only to department employees, except by consent of the department 1,848
or upon the order of the judge of a court of record. These 1,849
records shall not be considered "public records," as defined in 1,850
section 149.43 of the Revised Code. 1,851
Except as otherwise provided by a law of this state or the 1,853
United States, the department of youth services may release 1,854
records that are maintained by the department of youth services 1,855
and that pertain to children in its custody to the department of 1,856
rehabilitation and correction regarding persons who are under the 1,857
jurisdiction of the department of rehabilitation and correction 1,858
and who have previously been committed to the department of youth
services. The department of rehabilitation and correction may 1,859
use those records for the limited purpose of carrying out the 1,860
duties of the department of rehabilitation and correction. 1,861
Records released by the department of youth services to the 1,862
department of rehabilitation and correction shall remain
confidential and shall not be considered public records as 1,863
defined in section 149.43 of the Revised Code. 1,864
(E)(1) When a child is committed to the department of 1,866
youth services, the department, orally or in writing, shall 1,867
46
notify the parent, guardian, or custodian of a child that the 1,868
parent, guardian, or custodian may request at any time from the 1,869
superintendent of the institution in which the child is located 1,870
any of the information described in divisions (E)(1)(a), (b), 1,871
(c), and (d) of this section. The parent, guardian, or custodian 1,872
may provide the department with the name, address, and telephone 1,873
number of the parent, guardian, or custodian, and, until the 1,874
department is notified of a change of name, address, or telephone 1,875
number, the department shall use the name, address, and telephone 1,876
number provided by the parent, guardian, or custodian to provide 1,877
notices or answer inquiries concerning the following information: 1,878
(a) When the department of youth services makes a 1,880
permanent assignment of the child to a facility, the department, 1,881
orally or in writing and on or before the third business day 1,882
after the day the permanent assignment is made, shall notify the 1,883
parent, guardian, or custodian of the child of the name of the 1,884
facility to which the child has been permanently assigned. 1,885
If a parent, guardian, or custodian of a child who is 1,887
committed to the department of youth services requests, orally or 1,888
in writing, the department to provide the parent, guardian, or 1,889
custodian with the name of the facility in which the child is 1,891
currently located, the department, orally or in writing and on or 1,892
before the next business day after the day on which the request 1,893
is made, shall provide the name of that facility to the parent, 1,894
guardian, or custodian.
(b) If a parent, guardian, or custodian of a child who is 1,896
committed to the department of youth services, orally or in 1,897
writing, asks the superintendent of the institution in which the 1,898
child is located whether the child is being disciplined by the 1,899
personnel of the institution, what disciplinary measure the 1,900
personnel of the institution are using for the child, or why the 1,901
child is being disciplined, the superintendent or the 1,902
superintendent's designee, on or before the next business day 1,904
after the day on which the request is made, shall provide the 1,905
47
parent, guardian, or custodian with written or oral responses to 1,906
the questions.
(c) If a parent, guardian, or custodian of a child who is 1,908
committed to the department of youth services, orally or in 1,909
writing, asks the superintendent of the institution in which the 1,910
child is held whether the child is receiving any medication from 1,911
personnel of the institution, what type of medication the child 1,912
is receiving, or what condition of the child the medication is 1,913
intended to treat, the superintendent or the superintendent's 1,915
designee, on or before the next business day after the day on 1,916
which the request is made, shall provide the parent, guardian, or 1,917
custodian with oral or written responses to the questions. 1,918
(d) When a major incident occurs with respect to a child 1,920
who is committed to the department of youth services, the 1,921
department, as soon as reasonably possible after the major 1,922
incident occurs, shall notify the parent, guardian, or custodian 1,923
of the child that a major incident has occurred with respect to 1,924
the child and of all the details of that incident that the 1,925
department has ascertained. 1,926
(2) The failure of the department of youth services to 1,928
provide any notification required by or answer any requests made 1,929
pursuant to division (E) of this section does not create a cause 1,930
of action against the state. 1,931
(F) The department of youth services, as a means of 1,933
punishment while the child is in its custody, shall not prohibit 1,934
a child who is committed to the department from seeing that 1,935
child's parent, guardian, or custodian during standard visitation 1,936
periods allowed by the department of youth services unless the 1,937
superintendent of the institution in which the child is held 1,938
determines that permitting that child to visit with the child's 1,940
parent, guardian, or custodian would create a safety risk to that 1,941
child, that child's parents, guardian, or custodian, the 1,942
personnel of the institution, or other children held in that 1,943
institution.
48
(G) As used in this section: 1,945
(1) "Permanent assignment" means the assignment or 1,947
transfer for an extended period of time of a child who is 1,948
committed to the department of youth services to a facility in 1,949
which the child will receive training or participate in 1,950
activities that are directed toward the child's successful 1,951
rehabilitation. "Permanent assignment" does not include the 1,952
transfer of a child to a facility for early release hearings 1,953
pursuant to section 2151.38 of the Revised Code or for any other 1,954
temporary assignment or transfer to a facility. 1,955
(2) "Major incident" means the escape or attempted escape 1,957
of a child who has been committed to the department of youth 1,958
services from the facility to which the child is assigned; the 1,959
return to the custody of the department of a child who has 1,960
escaped or otherwise fled the custody and control of the 1,961
department without authorization; the allegation of any sexual 1,962
activity with a child committed to the department; physical 1,963
injury to a child committed to the department as a result of 1,964
alleged abuse by department staff; an accident resulting in 1,965
injury to a child committed to the department that requires 1,966
medical care or treatment outside the institution in which the 1,967
child is located; the discovery of a controlled substance upon 1,968
the person or in the property of a child committed to the 1,969
department; a suicide attempt by a child committed to the 1,970
department; a suicide attempt by a child committed to the 1,971
department that results in injury to the child requiring 1,972
emergency medical services outside the institution in which the 1,973
child is located; the death of a child committed to the 1,974
department; an injury to a visitor at an institution under the 1,975
control of the department that is caused by a child committed to 1,976
the department; and the commission or suspected commission of an 1,977
act by a child committed to the department that would be an 1,978
offense if committed by an adult. 1,979
(3) "Sexual activity" has the same meaning as in section 1,981
49
2907.01 of the Revised Code. 1,982
(4) "Controlled substance" has the same meaning as in 1,984
section 3719.01 of the Revised Code. 1,985
Sec. 5139.06. (A) When a child has been committed to the 1,994
department of youth services, it shall do both of the following: 1,995
(1) Place the child in an appropriate institution under 1,997
the condition that it considers best designed for the training 1,998
and rehabilitation of the child and the protection of the public, 1,999
provided that the institutional placement shall be consistent 2,000
with the order committing the child to its custody; 2,001
(2) Maintain the child in institutional care or 2,003
institutional care in a secure facility for the required period 2,004
of institutionalization in a manner consistent with division 2,005
(A)(4), (5), (6), or (7) of section 2151.355 of the Revised Code, 2,006
whichever is applicable, and with section 5139.38 or division (B) 2,007
OR (C) of section 2151.38 of the Revised Code. 2,008
(B) When a child has been committed to the department of 2,010
youth services pursuant to division (A)(6) of section 2151.355 of 2,011
the Revised Code, or when a child has been committed to the 2,012
department pursuant to division (A)(4), (5), or (7) of that 2,013
section and the child has not been institutionalized or 2,014
institutionalized in a secure facility for the prescribed minimum 2,016
periods of time or the prescribed period of time under those
divisions, INCLUDING, BUT NOT LIMITED TO, A PRESCRIBED PERIOD OF 2,017
TIME UNDER DIVISION (A)(6) OF SECTION 2151.355 OF THE REVISED 2,018
CODE, the department, the child, or the child's parent may 2,020
request the court that committed the child to order A JUDICIAL 2,021
RELEASE OR an early release from institutionalization or 2,023
institutionalization in a secure facility in accordance with 2,024
division (B) OR (C) of section 2151.38 of the Revised Code, and 2,025
the child may be released from institutionalization or 2,027
institutionalization in a secure facility in accordance with that 2,028
THE APPLICABLE division. A child of that nature IN THOSE 2,029
CIRCUMSTANCES shall not be released from institutionalization or 2,031
50
institutionalization in a secure facility except in accordance 2,032
with that division or section 2151.38 OR 5139.38 of the Revised 2,034
Code. WHEN A CHILD IS RELEASED PURSUANT TO A JUDICIAL RELEASE 2,036
UNDER DIVISION (B) OF SECTION 2151.38 OF THE REVISED CODE, THE 2,037
DEPARTMENT SHALL COMPLY WITH DIVISION (B)(2) OF THAT SECTION AND, 2,038
IF THE COURT REQUESTS, SHALL SEND THE COMMITTING COURT A REPORT 2,039
ON THE CHILD'S PROGRESS IN THE INSTITUTION AND RECOMMENDATIONS 2,040
FOR TERMS AND CONDITIONS OF SUPERVISION BY THE COURT AFTER 2,041
RELEASE. When a child is released pursuant to that AN EARLY 2,042
RELEASE UNDER division (C) OF SECTION 2151.38 OF THE REVISED 2,044
CODE, the department shall comply with divisions (D) and (E) 2,045
DIVISION (C)(2) of THAT section 2151.38 of the Revised Code 2,046
relative to the child and shall send the committing court and the 2,047
juvenile court of the county in which the child is placed a copy 2,048
of the TREATMENT AND REHABILITATION plan DESCRIBED IN THAT 2,049
DIVISION and the terms and conditions that it fixed. The court 2,051
of the county in which the child is placed may adopt the terms 2,052
and conditions as an order of the court and may add any
additional consistent terms and conditions it considers 2,053
appropriate, PROVIDED THAT THE COURT MAY NOT ADD ANY TERM OR 2,055
CONDITION THAT DECREASES THE LEVEL OR DEGREE OF SUPERVISION 2,056
SPECIFIED BY THE DEPARTMENT IN ITS PLAN, THAT SUBSTANTIALLY 2,057
INCREASES THE FINANCIAL BURDEN OF SUPERVISION THAT WILL BE 2,058
EXPERIENCED BY THE DEPARTMENT, OR THAT ALTERS THE PLACEMENT 2,059
SPECIFIED BY THE DEPARTMENT IN ITS PLAN. DIVISION (C)(2) OF 2,060
SECTION 2151.38 OF THE REVISED CODE APPLIES IF THE COURT ADDS 2,061
ADDITIONAL TERMS AND CONDITIONS REGARDING AN EARLY RELEASE AND IF 2,063
ANY OF THEM ARE INCONSISTENT WITH THE DEPARTMENT'S PLAN OR IF ONE 2,064
OR MORE OF THEM DECREASES THE LEVEL OR DEGREE OF SUPERVISION
SPECIFIED BY THE DEPARTMENT IN ITS PLAN, SUBSTANTIALLY INCREASES 2,065
THE FINANCIAL BURDEN OF SUPERVISION THAT WILL BE EXPERIENCED BY 2,066
THE DEPARTMENT, OR ALTERS THE PLACEMENT SPECIFIED BY THE 2,067
DEPARTMENT IN ITS PLAN. Any violations of the terms and 2,068
conditions established in its journal entry by the court of the 2,069
51
county in which the child is placed OF THE CHILD'S JUDICIAL 2,070
RELEASE OR EARLY RELEASE shall be handled pursuant to division 2,071
(B)(D) of section 2151.38 of the Revised Code. 2,072
(C) When a child has been committed to the department of 2,074
youth services, it may do any of the following: 2,075
(1) If the child was committed pursuant to division (A)(4) 2,077
or (5) of section 2151.355 of the Revised Code and has been 2,078
institutionalized or institutionalized in a secure facility for 2,079
the prescribed minimum periods of time under those divisions, 2,081
order the child's release on parole under the supervision and 2,083
conditions that it believes conducive to law-abiding conduct or 2,084
order replacement or renewed parole as often as conditions 2,085
indicate it to be desirable; provided that the department shall 2,086
notify the committing court, in writing, of the terms of 2,087
supervision and the conditions of the release at least fifteen 2,088
days prior to the scheduled date of release.
(2) Notwithstanding the provisions of this chapter or 2,090
Chapter 2151. of the Revised Code that prescribe required periods 2,091
of institutionalization, transfer the child to any other state 2,093
institution, whenever it appears that the child by reason of 2,094
mental illness, mental retardation, or other developmental 2,095
disability ought to be in another state institution. Before 2,096
transferring a child to any other state institution, the 2,097
department shall include in the minutes a record of the order of 2,098
transfer and the reason for the transfer and, at least seven days 2,099
prior to the transfer, shall send a certified copy of the order 2,100
to the person shown by its record to have had the care or custody 2,101
of the child immediately prior to the child's commitment. Except 2,102
as provided in division (C)(3)(2) of this section, no person 2,103
shall be transferred from a benevolent institution to a 2,105
correctional institution or to a facility or institution operated 2,106
by the department of youth services. 2,107
(3)(2) Notwithstanding the provisions of this chapter or 2,109
Chapter 2151. of the Revised Code that prescribe required periods 2,110
52
of institutionalization, transfer the child under section 2,111
5120.162 of the Revised Code to a correctional medical center 2,113
established by the department of rehabilitation and correction, 2,114
whenever the child has an illness, physical condition, or other 2,115
medical problem and it appears that the child would benefit from 2,116
diagnosis or treatment at the center for that illness, condition, 2,117
or problem. Before transferring a child to a center, the 2,118
department of youth services shall include in the minutes a 2,119
record of the order of transfer and the reason for the transfer 2,120
and, except in emergency situations, at least seven days prior to 2,121
the transfer, shall send a certified copy of the order to the 2,122
person shown by its records to have had the care or custody of 2,123
the child immediately prior to the child's commitment. If the 2,124
transfer of the child occurs in an emergency situation, as soon 2,125
as possible after the decision is made to make the transfer, the 2,126
department of youth services shall send a certified copy of the 2,127
order to the person shown by its records to have had the care or 2,128
custody of the child immediately prior to the child's commitment. 2,129
A transfer under this division shall be in accordance with the 2,130
terms of the agreement the department of youth services enters 2,131
into with the department of rehabilitation and correction under 2,132
section 5120.162 of the Revised Code and shall continue only as 2,133
long as the child reasonably appears to receive benefit from 2,134
diagnosis or treatment at the center for an illness, physical 2,135
condition, or other medical problem. 2,136
(4)(3) Revoke or modify any order of the department except 2,138
an order of discharge as often as conditions indicate it to be 2,139
desirable; 2,140
(5) If the child was committed pursuant to division (A)(4) 2,142
or (5) of section 2151.355 of the Revised Code and has been 2,143
institutionalized or institutionalized in a secure facility for 2,144
the prescribed minimum periods of time under those divisions, 2,146
discharge the child from its custody and control when it is 2,147
satisfied that the discharge is consistent with the welfare of 2,148
53
the individual and protection of the public. The department shall 2,149
notify the committing court, in writing, that it is going to 2,150
discharge the child at least fifteen days before the scheduled 2,151
date of discharge and, upon the discharge, immediately shall 2,152
certify the discharge in writing and transmit the certificate to 2,153
the committing court.
(6)(4) If the child was committed pursuant to division 2,155
(A)(4) or (5) of section 2151.355 of the Revised Code and has 2,156
been institutionalized or institutionalized in a secure facility 2,157
for the prescribed minimum periods of time under those divisions, 2,159
assign the child to a family home, a group care facility, or 2,161
other place maintained under public or private auspices, within 2,162
or without this state, for necessary treatment and 2,163
rehabilitation, the costs of which may be paid by the department, 2,164
provided that the department shall notify the committing court, 2,165
in writing, of the place and terms of the assignment at least 2,166
fifteen days prior to the scheduled date of the assignment. 2,167
(5) RELEASE THE CHILD FROM AN INSTITUTION IN ACCORDANCE 2,170
WITH SECTIONS 5139.51 TO 5139.54 OF THE REVISED CODE IN THE 2,171
CIRCUMSTANCES DESCRIBED IN THOSE SECTIONS. 2,172
(D) The department of youth services shall notify the 2,174
committing court of any order transferring the physical location 2,175
of any child committed to it in accordance with section 5139.35 2,176
of the Revised Code. Upon the discharge from its custody and 2,177
control, the department may petition the court for an order 2,178
terminating its custody and control. 2,179
(E) If a child is released on parole under division (C)(1) 2,181
of this section or is assigned to a family home, group care 2,182
facility, or other place for treatment or rehabilitation under 2,183
division (C)(6) of this section, the department shall comply with 2,184
divisions (D) and (E) of section 2151.38 of the Revised Code 2,185
relative to the child and shall send the committing court and the 2,186
juvenile court of the county in which the child is placed a copy 2,187
of the plan and the terms and conditions of the release or 2,188
54
assignment that it fixed. The court of the county in which the 2,189
child is placed may adopt the terms and conditions as an order of 2,190
the court and may add any additional consistent terms and 2,191
conditions it considers appropriate. Any violations of the terms 2,192
and conditions established in its journal entry by the court of 2,193
the county in which the child is placed shall be handled pursuant 2,194
to division (C) of section 2151.38 of the Revised Code. 2,195
Sec. 5139.07. As a means of correcting the socially 2,204
harmful tendencies of a child committed to it, the department of 2,205
youth services may require participation by him THE CHILD in 2,206
vocational, physical, educational, and corrective training and 2,208
activities, and the conduct and modes of life that seem best 2,209
adapted to rehabilitate him THE CHILD and fit him THE CHILD for 2,211
return to full liberty without danger to the public welfare. 2,212
This section does not permit the department to release a child 2,213
committed to it from institutional care or institutional care in 2,214
a secure facility, whichever is applicable, other than in 2,215
accordance with sections 2151.38, 5139.06, and 5139.38, AND 2,216
5139.50 TO 5139.54 of the Revised Code. 2,217
The department may require a child committed to it to 2,219
return to his THE CHILD'S home or to be placed in a foster care 2,220
placement if it is authorized to make a placement of that nature 2,221
under sections 2151.38, 5139.06, and 5139.38, AND 5139.50 TO 2,222
5139.54 of the Revised Code. Any placement of that nature shall 2,223
be made in accordance with those sections. The legal residence 2,224
of a child so placed by the department is the place the child is 2,225
residing in accordance with a department order of placement. The 2,226
school district responsible for payment of tuition on behalf of 2,227
the child so placed shall be determined pursuant to section 2,228
3313.64 or 3313.65 of the Revised Code. 2,229
Sec. 5139.08. The department of youth services may enter 2,238
into an agreement with the director of rehabilitation and 2,239
correction pursuant to which the department of youth services, in 2,240
accordance with division (C)(3)(2) of section 5139.06 and section 2,242
55
5120.162 of the Revised Code, may transfer to a correctional
medical center established by the department of rehabilitation 2,243
and correction, children who are within its custody for diagnosis 2,244
or treatment of an illness, physical condition, or other medical 2,245
problem. The department of youth services may enter into any 2,246
other agreements with the director of human services, the 2,247
director of mental health, the director of mental retardation and 2,248
developmental disabilities, the director of rehabilitation and 2,249
correction, with the courts having probation officers or other 2,250
public officials, and with private agencies or institutions for 2,251
separate care or special treatment of children subject to the 2,252
control of the department of youth services. The department of 2,253
youth services may, upon the request of a juvenile court not 2,254
having a regular probation officer, provide probation services 2,255
for such court. 2,256
Upon request by the department of youth services, any 2,258
public agency or group care facility established or administered 2,259
by the state for the care and treatment of children and youth 2,260
shall, consistent with its functions, accept and care for any 2,261
child whose custody is vested in the department in the same 2,262
manner as it would be required to do if custody had been vested 2,263
by a court in such agency or group care facility. If the 2,264
department has reasonable grounds to believe that any child or 2,265
youth whose custody is vested in it is mentally ill or mentally 2,266
retarded, the department may file an affidavit under section 2,267
5122.11 or 5123.76 of the Revised Code. The department's 2,268
affidavit for admission of a child or youth to such institution 2,269
shall be filed with the probate court of the county from which 2,270
the child was committed to the department. Such court may 2,271
request the probate court of the county in which the child is 2,272
held to conduct the hearing on the application, in which case the 2,273
court making such request shall bear the expenses of the 2,274
proceeding. If the department files such an affidavit, the child 2,275
or youth may be kept in such institution until a final decision 2,276
56
on the affidavit is made by the appropriate court. 2,277
Sec. 5139.18. (A) The EXCEPT WITH RESPECT TO CHILDREN WHO 2,286
ARE GRANTED A JUDICIAL RELEASE PURSUANT TO DIVISION (B) OF 2,287
SECTION 2151.38 OF THE REVISED CODE, THE department of youth 2,288
services is responsible for locating homes or jobs for children 2,289
released from its institutions, for supervision of children 2,290
released from its institutions, and for providing or arranging 2,291
for the provision to those children of appropriate services that 2,292
are required to facilitate their satisfactory community 2,293
adjustment.
(B) The department of youth services shall exercise 2,295
general supervision over all children who have been released on 2,296
placement from any of the its institutions OTHER THAN CHILDREN 2,297
WHO ARE GRANTED A JUDICIAL RELEASE PURSUANT TO DIVISION (B) OF 2,298
SECTION 2151.38 OF THE REVISED CODE. The director of youth 2,300
services, with the consent and approval of the board of county 2,301
commissioners of any county, may contract with the department of 2,302
human services of that county, if the department has assumed the 2,303
administration of child welfare, the children services board of 2,304
that county, the department of probation of that county 2,305
established pursuant to section 2301.27 of the Revised Code, or 2,306
the probation department or service established pursuant to 2,307
sections 2151.01 to 2151.54 of the Revised Code for the provision 2,308
of direct supervision and control over and the provision of 2,309
supportive assistance to all children who have been released on 2,310
placement into that county from any of its institutions, or, with 2,311
the consent of the juvenile judge or the administrative judge of 2,312
the juvenile court of any county, contract with any other public 2,313
agency, institution, or organization that is qualified to provide 2,314
the care and supervision that is required under the terms and 2,315
conditions of the child's treatment plan for the provision of 2,316
direct supervision and control over and the provision of 2,317
supportive assistance to all children who have been released on 2,318
placement into that county from any of its institutions. 2,319
57
(D)(C) Whenever any placement official has reasonable 2,321
cause to believe that any child RELEASED BY A COURT PURSUANT TO 2,322
SECTION 2151.38 OF THE REVISED CODE has violated the terms and 2,323
conditions of his THE CHILD'S placement, the official may 2,324
request, in writing, from the committing court or transferee 2,325
court a custodial order, and, upon reasonable and probable cause, 2,326
the court may order any sheriff, deputy sheriff, constable, or 2,327
police officer to apprehend the child. A child so apprehended 2,328
may be confined in the detention home of the county in which he 2,329
THE CHILD is apprehended until further order of the court. IF A 2,330
CHILD WHO WAS RELEASED ON SUPERVISED RELEASE BY THE RELEASE 2,331
AUTHORITY OF THE DEPARTMENT OF YOUTH SERVICES VIOLATES THE TERMS 2,332
AND CONDITIONS OF THE SUPERVISED RELEASE, SECTION 5139.52 OF THE 2,333
REVISED CODE APPLIES WITH RESPECT TO THAT CHILD. 2,335
Sec. 5139.20. (A) Notwithstanding any other provision of 2,344
the Revised Code that sets forth the minimum periods or period 2,345
for which a child committed to the department of youth services 2,346
is to be institutionalized or institutionalized in a secure 2,347
facility or the procedures for the JUDICIAL RELEASE OR early 2,348
release from institutional care or institutional care in a secure 2,349
facility, the department may grant emergency releases to children 2,350
confined in state juvenile institutions if the governor, upon 2,351
request of the director of the department authorizes the 2,352
director, in writing, to issue a declaration that an emergency 2,353
overcrowding condition exists in all of the institutions in which 2,354
males are confined, or in all of the institutions in which 2,355
females are confined, that are under the control of the 2,356
department. If the governor authorizes the issuance of a 2,357
declaration, the director may issue the declaration. If the 2,358
director issues the declaration, the director shall file a copy 2,360
of it with the secretary of state, which copy shall be a public 2,361
record. Upon the filing of the copy, the department is 2,362
authorized to grant emergency releases to children within its 2,363
custody subject to division (B) of this section. The authority 2,364
58
to grant the emergency releases shall continue until the 2,365
expiration of thirty days from the day on which the declaration 2,366
was filed. The director shall not issue a declaration that an 2,367
emergency overcrowding condition exists unless the director 2,368
determines that no other method of alleviating the overcrowding 2,370
condition is available.
(B)(1) If the department is authorized under division (A) 2,372
of this section to grant emergency releases to children within 2,373
its custody, the department shall determine which, if any, 2,374
children to release under that authority only in accordance with 2,375
this division and divisions (C), (D), and (E) of this section. 2,376
The department, in determining which, if any, children to 2,377
release, initially shall classify each child within its custody 2,378
according to the degree of offense that the act for which the 2,379
child is serving the period of institutionalization would have 2,380
been if committed by an adult. The department then shall 2,381
scrutinize individual children for emergency release, based upon 2,382
their degree of offense, in accordance with the categories and 2,383
the order of consideration set forth in division (B)(2) of this 2,384
section. After scrutiny of all children within the particular 2,386
category under consideration, the department shall designate 2,387
individual children within that category to whom it wishes to 2,388
grant an emergency release.
(2) The categories of children in the custody of the 2,390
department that may be considered for emergency release under 2,391
this section, and the order in which the categories shall be 2,392
considered, are as follows: 2,393
(a) Initially, only children who are not serving a period 2,395
of institutionalization for an act that would have been 2,396
aggravated murder, murder, or a felony of the first, second, 2,397
third, or fourth degree if committed by an adult or for an act 2,398
that was committed before the effective date of this amendment 2,399
and that would have been an aggravated felony of the first, 2,400
second, or third degree if committed by an adult may be
59
considered. 2,401
(b) When all children in the category described in 2,403
division (B)(2)(a) of this section have been scrutinized and all 2,404
children in that category who have been designated for emergency 2,405
release under division (B)(1) of this section have been so 2,406
released, then all children who are not serving a period of 2,407
institutionalization for an act that would have been aggravated 2,408
murder, murder, or a felony of the first or second degree if 2,409
committed by an adult or for an act that was committed before the 2,410
effective date of this amendment and that would have been an 2,411
aggravated felony of the first or second degree if committed by 2,412
an adult may be considered.
(c) When all children in the categories described in 2,414
divisions (B)(2)(a) and (b) of this section have been scrutinized 2,415
and all children in those categories who have been designated for 2,416
emergency release under division (B)(1) of this section have been 2,417
released, then all children who are not serving a term of 2,418
institutionalization for an act that would have been aggravated 2,419
murder, murder, or a felony of the first degree if committed by 2,420
an adult or for an act that was committed before the effective 2,421
date of this amendment and that would have been an aggravated 2,422
felony of the first or second degree if committed by an adult may 2,423
be considered.
(d) In no case shall the department consider for emergency 2,425
release any child who is serving a term of institutionalization 2,427
for an act that would have been aggravated murder, murder, or a 2,428
felony of the first degree if committed by an adult or for an act 2,429
that was committed before the effective date of this amendment 2,430
and that would have been an aggravated felony of the first degree 2,431
if committed by an adult, and in no case shall the department 2,432
grant an emergency release to any such child pursuant to this
section. 2,433
(C) An emergency release granted pursuant to this section 2,435
shall consist of one of the following: 2,436
60
(1) A SUPERVISED release on parole under supervision TERMS 2,439
and conditions that the department believes conducive to
law-abiding conduct; 2,440
(2) A discharge of the child from the custody and control 2,442
of the department if the department is satisfied that the 2,443
discharge is consistent with the welfare of the individual and 2,444
protection of the public; 2,445
(3) An assignment to a family home, a group care facility, 2,447
or other place maintained under public or private auspices, 2,448
within or without this state, for necessary treatment or 2,449
rehabilitation, the costs of which may be paid by the department. 2,450
(D) If a child is granted an emergency release pursuant to 2,452
this section, the child thereafter shall be considered to have 2,453
been institutionalized or institutionalized in a secure facility 2,454
for the prescribed minimum period of time or prescribed time 2,456
under division (A)(4), (5), or (7) of section 2151.355 of the 2,457
Revised Code. The department shall retain legal custody of a 2,458
child so released until it discharges the child or until its 2,459
custody is terminated as otherwise provided by law. 2,460
(E)(1) If a child is granted an emergency release so that 2,462
the child is released on parole SUPERVISED RELEASE or assigned to 2,464
a family home, group care facility, or other place for treatment
or rehabilitation, the department shall prepare a written 2,466
treatment and rehabilitation plan for the child in accordance 2,467
with division (D)(E) of section 2151.38 of the Revised Code, 2,468
which shall include the terms and conditions of the child's 2,470
release or assignment, and shall send the committing court and 2,472
the juvenile court of the county in which the child is placed a 2,473
copy of the plan and the terms and conditions that it fixed. The 2,474
court of the county in which the child is placed may adopt the 2,475
terms and conditions as an order of the court and may add any 2,476
additional consistent terms and conditions it considers 2,477
appropriate. If a child is released on parole SUPERVISED RELEASE 2,478
or is assigned subject to specified terms and conditions and the 2,480
61
court of the county in which the child is placed has reason to 2,481
believe that the child has CHILD'S DEPORTMENT IS not deported 2,482
himself or herself in accordance with any post-release terms and 2,483
conditions established by the court in its journal entry, the 2,484
court of the county in which the child is placed, in its 2,485
discretion, may schedule a time for a hearing on whether the 2,486
child violated any of the post-release terms and conditions. If 2,487
the THAT court of the county in which the child is placed 2,489
conducts a hearing and determines at the hearing that the child 2,490
violated any of the post-release terms and conditions established 2,491
in its journal entry, the court, if it determines that the 2,492
violation of the terms and conditions was a serious violation, 2,493
may order the child to be returned to the department of youth 2,494
services for institutionalization or, in any case, may make any 2,495
other disposition of the child authorized by law that the court 2,496
considers proper. If the court of the county in which the child 2,497
is placed orders the child to be returned to a department of 2,498
youth services institution, the child shall remain
institutionalized for a minimum period of three months. 2,499
(2) The department also shall file a written progress 2,501
report with the committing court regarding each child granted an 2,502
emergency release pursuant to this section at least once every 2,503
thirty days unless specifically directed otherwise by the court. 2,504
The report shall include the information required of reports 2,505
described in division (E)(F) of section 2151.38 of the Revised 2,506
Code. 2,507
Sec. 5139.35. (A) Except as provided in division (C) of 2,516
this section and division (C)(3)(2) of section 5139.06 of the 2,517
Revised Code, the department of youth services shall not place a 2,518
child committed to it pursuant to division (A)(6) of section 2,519
2151.355 of the Revised Code or one committed to it pursuant to 2,520
division (A)(4), (5), or (7) of that section who has not been 2,521
institutionalized or institutionalized in a secure facility for 2,522
the prescribed minimum periods or prescribed period of 2,523
62
institutionalization under those divisions in an institution with 2,524
a less restrictive setting than that in which the child was 2,525
originally placed, other than an institution under the management 2,526
and control of the department, without first obtaining the prior 2,527
consent of the committing court. 2,528
(B) Except as provided in division (C) of this section, 2,530
the department of youth services shall notify the committing 2,531
court, in writing, of any placement of a child committed to it 2,532
pursuant to division (A)(4), (5), or (7) of section 2151.355 of 2,533
the Revised Code who has been institutionalized or 2,534
institutionalized in a secure facility for the prescribed minimum 2,536
periods or prescribed period of institutionalization under those
divisions in an institution with a less restrictive setting than 2,538
that in which the child was originally placed, other than an 2,539
institution under the management and control of the department, 2,540
at least fifteen days before the scheduled date of placement. 2,541
(C) If, pursuant to division (C)(3)(2) of section 5139.06 2,543
of the Revised Code, the department of youth services transfers a 2,544
child committed to it pursuant to division (A)(4), (5), (6), or 2,546
(7) of section 2151.355 of the Revised Code to a correctional
medical center established by the department of rehabilitation 2,547
and correction, the department of youth services shall send the 2,548
committing court a certified copy of the transfer order. 2,549
Sec. 5139.38. Within ninety days prior to the expiration 2,558
of the prescribed minimum period of institutionalization of a 2,559
felony delinquent committed to the department of youth services 2,560
and with prior notification to the committing court, the 2,561
department may transfer the felony delinquent to a community 2,562
facility for a period of supervised treatment prior to ordering a 2,563
release of the felony delinquent on parole SUPERVISED RELEASE or 2,564
prior to the release AND PLACEMENT of the felony delinquent on 2,565
aftercare placement as described in section 5139.18 of the 2,567
Revised Code. For purposes of transfers under this section, both 2,568
of the following apply:
63
(A) The community facility may be a community corrections 2,570
facility that has received a grant pursuant to section 5139.36 of 2,571
the Revised Code, a community residential program with which the 2,572
department has contracted for purposes of this section, or 2,573
another private entity with which the department has contracted 2,574
for purposes of this section. Division (E) of section 5139.36 of 2,575
the Revised Code does not apply in connection with a transfer of 2,576
a felony delinquent that is made to a community corrections 2,577
facility pursuant to this section. 2,578
(B) During the period in which the felony delinquent is in 2,580
the community facility, he THE FELONY DELINQUENT shall remain in 2,581
the custody of the department. 2,582
Sec. 5139.43. (A) On and after January 1, 1995, the 2,591
department of youth services shall operate a felony delinquent 2,592
care and custody program with the remainder of the appropriation 2,593
described in division (E) of section 5139.41 of the Revised Code. 2,595
The program shall be operated in accordance with the formula 2,596
developed pursuant to sections 5139.41 and 5139.42 of the Revised 2,597
Code, subject to the conditions specified in this section, and in 2,598
conjunction with the contingency program described in section 2,599
5139.45 of the Revised Code. 2,600
(B)(1) The department of youth services annually shall 2,602
allocate to each county a portion of the remainder of the 2,603
appropriation described in division (E) of section 5139.41 of the 2,605
Revised Code. The portion to be allocated to each county shall 2,606
be determined by multiplying the county's percentage determined 2,607
under division (E) of section 5139.42 of the Revised Code by the 2,608
amount of that remainder. The department shall divide the 2,609
portion to be allocated to each county by twelve or, if in a 2,610
particular fiscal year the felony delinquent care and custody 2,611
program is in effect in a county less than twelve months, by the 2,612
number of months the program is in effect in that county to 2,613
determine the monthly allocation to that county.
(2)(a) Except as provided in division (B)(2)(b) of this 2,615
64
section, the department shall reduce the monthly allocation for 2,616
each fiscal year to each county as determined under division 2,617
(B)(1) of this section by both of the following: 2,618
(i) Seventy-five per cent of the amount determined by 2,621
multiplying the per diem cost for the care and custody of felony 2,622
delinquents, as determined pursuant to division (D) of section 2,623
5139.42 of the Revised Code, by the number of felony delinquents 2,624
who have been adjudicated delinquent children and, except as 2,625
otherwise provided in divisions (B)(2)(a) and (3) of this 2,626
section, who are in the care and custody of an institution 2,627
pursuant to a commitment, recommitment, or revocation of a 2,628
release on parole by the juvenile court of that county;
(ii) Fifty per cent of the amount determined by 2,630
multiplying the per diem cost for the care and custody of felony 2,631
delinquents, as determined pursuant to division (D) of section 2,632
5139.42 of the Revised Code, by the number of felony delinquents 2,633
who have been adjudicated delinquent children and, except as 2,634
otherwise provided in divisions (B)(2)(a) and (3) of this 2,635
section, who are in the care and custody of a community 2,636
corrections facility pursuant to a placement by the department 2,637
with the consent of the juvenile court of that county as 2,638
described in division (E) of section 5139.36 of the Revised Code. 2,639
Public safety beds shall not be included in the number of 2,642
felony delinquents who have been adjudicated delinquent children 2,643
by a juvenile court in making the seventy-five per cent or fifty 2,644
per cent reductions described in divisions (B)(2)(a)(i) and (ii) 2,647
of this section. The department shall bear the care and custody 2,648
costs associated with public safety beds. 2,649
(b) If a county has exhausted its current and future 2,651
monthly allocations for the current fiscal year as determined 2,652
under division (B)(1) of this section, the department shall bear 2,653
the remainder of the amounts calculated under divisions 2,654
(B)(2)(a)(i) and (ii) of this section for the care and custody of 2,655
felony delinquents who are in the care and custody of an 2,656
65
institution pursuant to a commitment, recommitment, or revocation 2,657
of a release on parole or in the care and custody of a community 2,658
corrections facility by debiting, in accordance with division 2,660
(C)(2) of section 5139.45 of the Revised Code, the amount of the 2,661
appropriation for care and custody of felony delinquents that was 2,662
set aside for the contingency program pursuant to division (A) of 2,663
section 5139.41 of the Revised Code.
(3)(a) Subject to divisions (B)(2)(b) and (4) of this 2,665
section and subject to the special provisions of division 2,666
(B)(3)(b) of this section pertaining to monthly allocations under 2,668
divisions (B)(1) and (2)(a) of this section for the month of 2,669
June, after the application of division (B)(2)(a) of this section 2,670
and on or before the fifteenth day of the following month, the 2,671
department shall disburse to the juvenile court of each county 2,672
the remainder of the monthly allocation of that county as 2,673
determined pursuant to divisions (B)(1) and (2)(a) of this 2,674
section.
(b)(i) For the monthly allocation for the month of June of 2,677
each fiscal year, the department shall estimate for each county
the number of felony delinquents described in divisions 2,678
(B)(2)(a)(i) and (ii) of this section rather than use the actual 2,680
number of those felony delinquents, shall use the estimated 2,681
number of those felony delinquents in making the seventy-five per 2,683
cent and fifty per cent reductions described in those divisions,
and shall encumber the remainder of the estimated monthly 2,684
allocation of each county for the month of June, as determined 2,685
pursuant to divisions (B)(1), (2)(a), and (3)(b)(i) of this 2,687
section, for disbursement in the month of July of the next fiscal
year in accordance with division (B)(3)(b)(ii) of this section. 2,689
If the total of the seventy-five per cent and fifty per cent 2,690
reductions described in division (B)(2)(a) of this section 2,691
exceeds the estimated monthly allocation of a county for the
month of June as so determined, the department may cover the 2,692
amount of the excess by debiting, in accordance with division 2,693
66
(C)(2) of section 5139.45 of the Revised Code, the amount of the 2,695
appropriation for care and custody of felony delinquents that was 2,696
set aside for the contingency program pursuant to division (A) of 2,697
section 5139.41 of the Revised Code.
(ii) In the month of July of each new fiscal year, the 2,699
department shall reconcile for each county the estimated 2,700
reductions that occurred pursuant to divisions (B)(2)(a) and 2,701
(3)(b)(i) of this section and the reductions that should have 2,703
occurred pursuant to division (B)(2)(a) of this section by using 2,704
the actual number of felony delinquents described in divisions 2,705
(B)(2)(a)(i) and (ii) of this section for the month of June of 2,706
the prior fiscal year. After that reconciliation occurs, subject 2,707
to divisions (B)(2)(b) and (4) of this section, the department 2,708
shall disburse to each county the remainder of its monthly 2,709
allocation for the month of June of the prior fiscal year as 2,710
adjusted pursuant to the reconciliation and division 2,711
(B)(3)(b)(ii) of this section. 2,713
In connection with the adjustments in the monthly 2,715
allocations for the month of June of the prior fiscal year, if 2,716
the encumbered monthly allocations of one or more counties for 2,717
that month exceed or are less than the monthly allocations for 2,718
that month to which those counties are entitled under divisions 2,719
(B)(1) and (2)(a) of this section by using the actual number of 2,720
felony delinquents described in divisions (B)(2)(a)(i) and (ii) 2,721
of this section rather than the estimated number of those felony 2,722
delinquents, the department may make the necessary adjustments in 2,723
the monthly allocations of those counties for the month of June 2,724
of the prior fiscal year within the total of the moneys for 2,725
monthly allocations for that month that were encumbered for all 2,726
of the counties. If that total amount is insufficient to make 2,727
the requisite monthly allocations for that month to all counties
in accordance with divisions (B)(1) and (2)(a) of this section, 2,729
the department shall cover the insufficiency by debiting, in 2,730
accordance with division (C)(2) of section 5139.45 of the Revised 2,731
67
Code, the amount of the appropriation for care and custody of
felony delinquents that was set aside for the contingency program 2,732
pursuant to division (A) of section 5139.41 of the Revised Code. 2,733
(4) Notwithstanding the general disbursement requirements 2,736
of division (B)(3)(a) and (b)(ii) of this section, if a juvenile 2,737
court fails to comply with division (C)(3)(d) of this section and 2,738
the department is not able to reconcile fiscal accounting as a 2,739
consequence of that failure, the department is not required to
make any disbursement in accordance with division (B)(3)(a) or 2,740
(b)(ii) of this section to the juvenile court until it complies 2,742
with division (C)(3)(d) of this section.
(C)(1) Each juvenile court shall use the moneys disbursed 2,744
to it by the department of youth services pursuant to division 2,745
(B) of this section in accordance with division (C)(2) of this 2,746
section and shall transmit the moneys to the county treasurer for 2,747
deposit in accordance with this division. The county treasurer 2,748
shall create in the county treasury a fund that shall be known as 2,750
the felony delinquent care and custody fund and shall deposit in 2,751
that fund the moneys disbursed to the juvenile court pursuant to 2,752
division (B) of this section. The moneys in the fund shall not 2,753
be commingled with any other county funds; shall not be used for 2,754
any capital construction projects; upon an order of the juvenile 2,755
court and subject to appropriation by the board of county 2,756
commissioners, shall be disbursed to the juvenile court for use 2,757
in accordance with division (C)(2) of this section; shall not 2,758
revert to the county general fund at the end of any fiscal year; 2,759
and shall carry over in the felony delinquent care and custody
fund from the end of any fiscal year to the next fiscal year. 2,761
The moneys in the fund shall be in addition to, and shall not be 2,762
used to reduce, any usual annual increase in county funding that 2,763
the juvenile court is eligible to receive or the current level of 2,764
county funding of the juvenile court and of any programs or 2,765
services for delinquent children, unruly children, or juvenile 2,766
traffic offenders. 2,767
68
(2)(a) A juvenile court shall use the moneys in its felony 2,769
delinquent care and custody fund as follows: 2,770
(i) To provide programs and services for the training, 2,772
treatment, or rehabilitation of felony delinquents that are 2,773
alternatives to their commitment to the department, including, 2,774
but not limited to, community residential programs, day treatment 2,775
centers, services within the home, and electronic monitoring; 2,776
(ii) In connection with training, treatment, 2,778
rehabilitation, early intervention, or other programs or services 2,779
for any delinquent child, unruly child, or juvenile traffic 2,780
offender who is under the jurisdiction of the juvenile court. 2,781
For purposes of division (C)(2)(a)(ii) of this section, a 2,782
delinquent child includes a child who is so adjudicated for the 2,783
commission of an act that if committed by an adult would be a 2,784
misdemeanor or felony. 2,785
(b) Each juvenile court shall comply with division 2,787
(C)(3)(d) of this section as implemented by the department. If a 2,788
juvenile court fails to comply with that division and the 2,789
department is not able to reconcile fiscal accounting as a 2,790
consequence of the failure, the provisions of division (B)(4) of
this section shall apply. 2,791
(3) In accordance with rules adopted by the department 2,793
pursuant to section 5139.04 of the Revised Code, each juvenile 2,794
court shall do all of the following: 2,795
(a) File with the department a plan pertaining to the use, 2,797
upon an order of the juvenile court and subject to appropriation 2,798
by the board of county commissioners, of the moneys in its felony 2,799
delinquent care and custody fund for specified programs and 2,800
services as described in division (C)(2)(a) of this section. The 2,801
plan shall include a method of ensuring equal access for minority 2,802
youth to the programs and services. 2,803
(b) By the thirty-first day of January of each year, file 2,805
with the department a report containing all of the statistical 2,806
and other information for each month of the prior calendar year 2,807
69
that will permit the department to prepare the report described 2,808
in division (D) of this section; 2,809
(c) If the department requires the juvenile court to 2,811
prepare monthly statistical reports for use under section 5139.42 2,812
of the Revised Code and to submit the reports on forms provided 2,813
by the department, file those reports with the department on the 2,814
forms so provided; 2,815
(d) If the department requires the juvenile court to 2,817
participate in any fiscal monitoring or other program that is 2,818
conducted by the department to ensure compliance by the juvenile 2,819
court and its county with division (C) of this section, 2,820
participate in the fiscal monitoring or other program and fully
comply with any guidelines for the performance of audits adopted 2,821
by the department pursuant to that program and all requests made 2,822
by the department pursuant to that program for information 2,823
necessary to reconcile fiscal accounting. 2,824
(D) On or prior to the first day of April of each year, 2,827
the department of youth services shall submit to the joint 2,828
legislative committee on juvenile corrections overcrowding a 2,829
report that pertains to the operation of sections 5139.41 to 2,830
5139.45 of the Revised Code during the immediately preceding 2,831
calendar year and that includes, but is not limited to, the 2,832
following: 2,833
(1) A description of the programs and services that were 2,835
financed under those sections in each county; 2,836
(2) The number of felony delinquents, other delinquent 2,838
children, unruly children, and juvenile traffic offenders served 2,839
by the programs and services in each county; 2,840
(3) The total number of felony level delinquency children 2,842
adjudicated in each juvenile court to be delinquent children for 2,843
acts that if committed by an adult would be a felony; 2,844
(4) The total number of felony delinquents who were 2,846
committed by the juvenile court of each county to the department 2,847
and who were in the care and custody of an institution or a 2,848
70
community corrections facility; 2,849
(5) A breakdown of the felony delinquents described in 2,851
division (D)(4) of this section on the basis of the types and 2,852
degrees of felonies committed, the ages of the felony delinquents 2,853
at the time they committed the felonies, and the sex and race of 2,854
the felony delinquents. 2,855
Sec. 5139.50. (A) THE RELEASE AUTHORITY OF THE DEPARTMENT 2,857
OF YOUTH SERVICES IS HEREBY CREATED AS AN INDEPENDENT 2,859
ADMINISTRATIVE DIVISION IN THE DEPARTMENT. THE RELEASE AUTHORITY 2,860
SHALL CONSIST OF FIVE MEMBERS WHO ARE APPOINTED BY THE DIRECTOR 2,861
OF YOUTH SERVICES AND WHO HAVE THE QUALIFICATIONS SPECIFIED IN 2,862
DIVISION (B) OF THIS SECTION. THE MEMBERS OF THE RELEASE 2,863
AUTHORITY SHALL DEVOTE THEIR FULL TIME TO THE DUTIES OF THE 2,864
RELEASE AUTHORITY AND SHALL NEITHER SEEK NOR HOLD OTHER PUBLIC 2,865
OFFICE. THE MEMBERS SHALL BE IN THE UNCLASSIFIED CIVIL SERVICE. 2,866
(B) A PERSON APPOINTED AS A MEMBER OF THE RELEASE 2,868
AUTHORITY SHALL HAVE A BACHELOR'S DEGREE FROM AN ACCREDITED 2,869
COLLEGE OR UNIVERSITY OR EQUIVALENT RELEVANT EXPERIENCE AND SHALL 2,870
HAVE THE SKILLS, TRAINING, OR EXPERIENCE NECESSARY TO ANALYZE 2,872
ISSUES OF LAW, ADMINISTRATION, AND PUBLIC POLICY. THE MEMBERSHIP 2,873
OF THE RELEASE AUTHORITY SHALL REPRESENT, INSOFAR AS PRACTICABLE, 2,874
THE DIVERSITY FOUND IN THE CHILDREN IN THE LEGAL CUSTODY OF THE 2,875
DEPARTMENT OF YOUTH SERVICES. 2,876
IN APPOINTING THE FIVE MEMBERS, THE DIRECTOR SHALL ENSURE 2,878
THAT THE APPOINTMENTS INCLUDE ALL OF THE FOLLOWING: 2,879
(1) AT LEAST FOUR MEMBERS WHO HAVE FIVE OR MORE YEARS OF 2,882
EXPERIENCE IN CRIMINAL JUSTICE, JUVENILE JUSTICE, OR AN
EQUIVALENT RELEVANT PROFESSION; 2,883
(2) AT LEAST ONE MEMBER WHO HAS EXPERIENCE IN VICTIM 2,885
SERVICES OR ADVOCACY OR WHO HAS BEEN A VICTIM OF A CRIME OR IS A 2,886
FAMILY MEMBER OF A VICTIM; 2,887
(3) AT LEAST ONE MEMBER WHO HAS EXPERIENCE IN DIRECT CARE 2,890
SERVICES TO DELINQUENT CHILDREN;
(4) AT LEAST ONE MEMBER WHO HOLDS A JURIS DOCTOR DEGREE 2,892
71
FROM AN ACCREDITED COLLEGE OR UNIVERSITY. 2,893
(C) THE INITIAL APPOINTMENTS OF MEMBERS OF THE RELEASE 2,896
AUTHORITY SHALL BE FOR A TERM OF SIX YEARS FOR THE CHAIRPERSON 2,897
AND ONE MEMBER, A TERM OF FOUR YEARS FOR TWO MEMBERS, AND A TERM 2,898
OF TWO YEARS FOR ONE MEMBER. THEREAFTER, MEMBERS SHALL BE 2,899
APPOINTED FOR SIX-YEAR TERMS. AT THE CONCLUSION OF A TERM, A 2,900
MEMBER SHALL HOLD OFFICE UNTIL THE APPOINTMENT AND QUALIFICATION 2,901
OF THE MEMBER'S SUCCESSOR. THE DIRECTOR SHALL FILL A VACANCY 2,902
OCCURRING BEFORE THE EXPIRATION OF A TERM FOR THE REMAINDER OF 2,903
THAT TERM. A MEMBER MAY BE REAPPOINTED, BUT A MEMBER MAY SERVE 2,904
NO MORE THAN TWO CONSECUTIVE TERMS REGARDLESS OF THE LENGTH OF 2,905
THE MEMBER'S INITIAL TERM. A MEMBER MAY BE REMOVED FOR GOOD 2,906
CAUSE SHOWN AFTER A FULL AND OPEN HEARING BY THE RELEASE 2,907
AUTHORITY, IF REQUESTED BY THE MEMBER, AT WHICH THE MEMBER HAS AN 2,909
OPPORTUNITY TO RESPOND TO THE ALLEGATIONS THAT PROVIDE THE BASIS 2,910
FOR A CALL FOR REMOVAL.
(D) THE DIRECTOR OF YOUTH SERVICES SHALL DESIGNATE AS 2,913
CHAIRPERSON OF THE RELEASE AUTHORITY ONE OF THE MEMBERS WHO HAS 2,914
EXPERIENCE IN CRIMINAL JUSTICE, JUVENILE JUSTICE, OR AN 2,915
EQUIVALENT RELEVANT PROFESSION. THE CHAIRPERSON SHALL HAVE FULL 2,916
AUTHORITY OVER THE ADMINISTRATION AND MANAGEMENT OF THE RELEASE 2,917
AUTHORITY, SHALL PERFORM ALL DUTIES AND FUNCTIONS NECESSARY TO
ENSURE THAT THE RELEASE AUTHORITY DISCHARGES ITS 2,918
RESPONSIBILITIES, AND SHALL ACT AS THE APPOINTING AUTHORITY FOR 2,920
ALL STAFF OF THE RELEASE AUTHORITY. THE CHAIRPERSON SHALL EMPLOY 2,921
STAFF AS NECESSARY TO CARRY OUT THE DUTIES OF THE RELEASE 2,922
AUTHORITY, INCLUDING HEARING REPRESENTATIVES TO PARTICIPATE IN 2,923
THE HEARING OF CASES ON REVIEW AND PERSONS TO PROVIDE 2,924
ADMINISTRATIVE SUPPORT. THE CHAIRPERSON SHALL SERVE AS THE 2,925
OFFICIAL SPOKESPERSON FOR THE RELEASE AUTHORITY. 2,926
(E) A MAJORITY OF THE MEMBERS OF THE RELEASE AUTHORITY 2,929
SHALL CONSTITUTE A QUORUM FOR TRANSACTING THE OFFICIAL BUSINESS 2,930
OF THE AUTHORITY. THE ACTIONS OF THE RELEASE AUTHORITY SHALL BE 2,931
DETERMINED BY A MAJORITY VOTE OF THE QUORUM. 2,932
72
(F) THE RELEASE AUTHORITY SHALL DO ALL OF THE FOLLOWING: 2,935
(1) SERVE AS THE FINAL AND SOLE AUTHORITY FOR MAKING 2,937
DECISIONS, IN THE INTERESTS OF PUBLIC SAFETY AND THE CHILDREN 2,938
INVOLVED, REGARDING THE RELEASE AND DISCHARGE OF ALL CHILDREN 2,940
COMMITTED TO THE LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH 2,941
SERVICES, EXCEPT CHILDREN PLACED ON JUDICIAL RELEASE OR EARLY 2,942
RELEASE BY A JUVENILE COURT, CHILDREN WHO HAVE NOT COMPLETED A 2,943
PRESCRIBED MINIMUM PERIOD OF TIME OR PRESCRIBED PERIOD OF TIME IN 2,944
A SECURE FACILITY, OR CHILDREN WHO ARE REQUIRED TO REMAIN IN A
SECURE FACILITY UNTIL THEY ATTAIN TWENTY-ONE YEARS OF AGE; 2,945
(2) ESTABLISH WRITTEN POLICIES AND PROCEDURES FOR 2,947
CONDUCTING A PERIODIC REVIEW OF THE STATUS OF EACH CHILD IN THE 2,948
CUSTODY OF THE DEPARTMENT, SETTING OR MODIFYING DATES OF RELEASE 2,949
AND DISCHARGE FOR EACH CHILD, SPECIFYING THE DURATION, TERMS, AND 2,950
CONDITIONS OF RELEASE TO BE CARRIED OUT IN SUPERVISED RELEASE 2,951
SUBJECT TO THE ADDITION OF ADDITIONAL CONSISTENT TERMS AND 2,952
CONDITIONS BY A COURT IN ACCORDANCE WITH SECTION 5139.51 OF THE 2,953
REVISED CODE, AND GIVING A CHILD NOTICE OF ALL REVIEWS; 2,954
(3) MAINTAIN RECORDS OF ITS OFFICIAL ACTIONS, DECISIONS, 2,957
ORDERS, AND HEARING SUMMARIES AND MAKE THE RECORDS ACCESSIBLE IN 2,958
ACCORDANCE WITH DIVISION (D) OF SECTION 5139.05 OF THE REVISED 2,959
CODE;
(4) COOPERATE WITH PUBLIC AND PRIVATE AGENCIES, 2,961
COMMUNITIES, PRIVATE GROUPS, AND INDIVIDUALS FOR THE DEVELOPMENT 2,962
AND IMPROVEMENT OF ITS SERVICES; 2,963
(5) COLLECT, DEVELOP, AND MAINTAIN STATISTICAL INFORMATION 2,966
REGARDING ITS SERVICES AND DECISIONS;
(6) SUBMIT TO THE DIRECTOR AN ANNUAL REPORT THAT INCLUDES 2,968
A DESCRIPTION OF THE OPERATIONS OF THE RELEASE AUTHORITY, AN 2,969
EVALUATION OF ITS EFFECTIVENESS, RECOMMENDATIONS FOR STATUTORY, 2,970
BUDGETARY, OR OTHER CHANGES NECESSARY TO IMPROVE ITS 2,971
EFFECTIVENESS, AND ANY OTHER INFORMATION REQUIRED BY THE 2,972
DIRECTOR;
(7) ADOPT RULES AND WRITTEN POLICIES AND PROCEDURES TO 2,974
73
GOVERN ITS OPERATIONS. 2,975
(G) THE RELEASE AUTHORITY MAY DO ANY OF THE FOLLOWING: 2,978
(1) CONDUCT INQUIRIES, INVESTIGATIONS, AND REVIEWS AND 2,981
HOLD HEARINGS AND OTHER PROCEEDINGS NECESSARY TO PROPERLY
DISCHARGE ITS RESPONSIBILITIES; 2,982
(2) ISSUE SUBPOENAS, ENFORCEABLE IN A COURT OF LAW, TO 2,984
COMPEL A PERSON TO APPEAR, GIVE TESTIMONY, OR PRODUCE DOCUMENTARY 2,986
INFORMATION OR OTHER TANGIBLE ITEMS RELATING TO A MATTER UNDER 2,987
INQUIRY, INVESTIGATION, REVIEW, OR HEARING;
(3) ADMINISTER OATHS AND RECEIVE TESTIMONY OF PERSONS 2,989
UNDER OATH; 2,990
(4) REQUEST ASSISTANCE, SERVICES, AND INFORMATION FROM A 2,993
PUBLIC AGENCY TO ENABLE THE AUTHORITY TO DISCHARGE ITS
RESPONSIBILITIES AND RECEIVE THE ASSISTANCE, SERVICES, AND 2,994
INFORMATION FROM THE PUBLIC AGENCY IN A REASONABLE PERIOD OF 2,995
TIME;
(5) REQUEST FROM A PUBLIC AGENCY OR ANY OTHER ENTITY THAT 2,997
PROVIDES OR HAS PROVIDED SERVICES TO A CHILD COMMITTED TO THE 2,998
DEPARTMENT'S LEGAL CUSTODY INFORMATION TO ENABLE THE RELEASE 2,999
AUTHORITY TO PROPERLY DISCHARGE ITS RESPONSIBILITIES WITH RESPECT 3,001
TO THAT CHILD AND RECEIVE THE INFORMATION FROM THE PUBLIC AGENCY
OR OTHER ENTITY IN A REASONABLE PERIOD OF TIME; 3,002
(6) REQUIRE THAT THE TERMS AND CONDITIONS OF A CHILD'S 3,004
SUPERVISED RELEASE BE ENFORCED DURING THE PERIOD OF SUPERVISED 3,005
RELEASE UNTIL DISCHARGE; 3,006
(7) ORDER THE ARREST OF A CHILD ON SUPERVISED RELEASE WHO 3,010
MAY BE SUBJECT TO REVOCATION OF RELEASE;
(8) EXERCISE ANY OTHER POWERS NECESSARY TO DISCHARGE ITS 3,013
RESPONSIBILITIES.
(H) THE RELEASE AUTHORITY SHALL ADOPT SPECIFIC WRITTEN 3,015
POLICIES GOVERNING THE DISCHARGE OF ITS RESPONSIBILITIES EITHER 3,017
BY THE FULL MEMBERSHIP OF THE AUTHORITY OR BY THE DELEGATION OF 3,018
AUTHORITY TO ONE OR MORE MEMBERS OF THE RELEASE AUTHORITY OR TO 3,019
HEARING REPRESENTATIVES. THE POLICY SHALL REQUIRE THAT A HEARING 3,020
74
BE CONDUCTED BY NOT FEWER THAN TWO MEMBERS OF THE RELEASE 3,021
AUTHORITY, TWO HEARING REPRESENTATIVES, OR A COMBINATION OF A 3,022
MEMBER OF THE AUTHORITY AND A HEARING REPRESENTATIVE. 3,023
(I) THE RELEASE AUTHORITY SHALL NOT DELEGATE ITS AUTHORITY 3,026
TO MAKE FINAL DECISIONS REGARDING POLICY OR THE RELEASE OF A 3,027
CHILD.
(J) THE RELEASE AUTHORITY SHALL ADOPT A WRITTEN POLICY AND 3,029
PROCEDURES GOVERNING APPEALS OF ITS RELEASE AND DISCHARGE 3,031
DECISIONS. THE POLICY SHALL PROVIDE THAT A CHILD MAY APPEAL TO 3,033
THE FULL RELEASE AUTHORITY A DECISION DENYING RELEASE OR 3,034
DISCHARGE MADE AT A HEARING CONDUCTED BY A PANEL THAT DOES NOT 3,035
INCLUDE ALL OF THE MEMBERS OF THE RELEASE AUTHORITY. THE POLICY 3,036
ALSO SHALL PROVIDE THAT IF A DECISION DENYING RELEASE OR 3,037
DISCHARGE IS MADE BY THE FULL RELEASE AUTHORITY, THE CHILD MAY 3,038
REQUEST ONE APPEAL HEARING AT WHICH THE CHILD SHALL BE AFFORDED A 3,040
FINAL OPPORTUNITY TO PRESENT NEW OR ADDITIONAL INFORMATION
RELATED TO ANY OF THE REASONS ENUMERATED BY THE RELEASE AUTHORITY 3,041
IN THE DECISION UNDER APPEAL. THE RELEASE AUTHORITY SHALL 3,042
CONSIDER AN APPEAL IN ACCORDANCE WITH THE POLICY AND PROCEDURE 3,043
ESTABLISHED UNDER THIS DIVISION. 3,044
(K) THE LEGAL STAFF OF THE DEPARTMENT OF YOUTH SERVICES 3,047
SHALL PROVIDE ASSISTANCE, UPON REQUEST, TO THE RELEASE AUTHORITY 3,049
IN THE FORMULATION OF POLICY AND IN ITS HANDLING OF INDIVIDUAL 3,050
CASES. THE ATTORNEY GENERAL SHALL PROVIDE LEGAL REPRESENTATION 3,051
FOR THE RELEASE AUTHORITY. THE DEPARTMENT OF YOUTH SERVICES 3,052
SHALL PROVIDE THE RELEASE AUTHORITY WITH A BUDGET SUFFICIENT TO 3,053
PROPERLY PERFORM ITS OBLIGATIONS AND RESPONSIBILITIES, SUBJECT TO 3,054
ADMINISTRATIVE CONTROLS.
Sec. 5139.51. (A) THE RELEASE AUTHORITY OF THE DEPARTMENT 3,056
OF YOUTH SERVICES SHALL NOT RELEASE A CHILD WHO IS IN THE CUSTODY 3,057
OF THE DEPARTMENT OF YOUTH SERVICES FROM INSTITUTIONAL CARE OR 3,058
INSTITUTIONAL CARE IN A SECURE FACILITY AND SHALL NOT DISCHARGE 3,059
THE CHILD OR ORDER THE CHILD'S RELEASE ON SUPERVISED RELEASE 3,060
PRIOR TO THE EXPIRATION OF THE PRESCRIBED MINIMUM PERIOD OF 3,061
75
INSTITUTIONALIZATION OR INSTITUTIONALIZATION IN A SECURE FACILITY 3,062
OR PRIOR TO THE CHILD'S ATTAINMENT OF TWENTY-ONE YEARS OF AGE,
WHICHEVER IS APPLICABLE UNDER THE ORDER OF COMMITMENT, OTHER THAN 3,063
AS IS PROVIDED IN DIVISION (A) OF SECTION 2151.38 OF THE REVISED 3,064
CODE. THE RELEASE AUTHORITY SHALL CONDUCT PERIODIC REVIEWS OF 3,065
THE CASE OF EACH CHILD WHO IS IN THE CUSTODY OF THE DEPARTMENT 3,066
AND WHO IS ELIGIBLE FOR SUPERVISED RELEASE OR DISCHARGE AFTER 3,068
COMPLETING THE MINIMUM PERIOD OF TIME OR PERIOD OF TIME IN AN 3,069
INSTITUTION PRESCRIBED BY THE COMMITTING COURT. AT LEAST THIRTY
DAYS PRIOR TO CONDUCTING A PERIODIC REVIEW OF THE CASE OF A CHILD 3,070
WHO WAS COMMITTED TO THE DEPARTMENT REGARDING THE POSSIBILITY OF 3,073
SUPERVISED RELEASE OR DISCHARGE AND AT LEAST THIRTY DAYS PRIOR TO
CONDUCTING A DISCHARGE REVIEW UNDER DIVISION (F) OF THIS SECTION, 3,074
THE RELEASE AUTHORITY SHALL GIVE NOTICE OF THE REVIEW TO THE 3,075
COURT THAT COMMITTED THE CHILD AND TO THE PROSECUTING ATTORNEY IN 3,076
THE CASE. THE COURT OR PROSECUTING ATTORNEY MAY SUBMIT TO THE 3,078
RELEASE AUTHORITY WRITTEN COMMENTS REGARDING, OR WRITTEN
OBJECTIONS TO, THE SUPERVISED RELEASE OR DISCHARGE OF THAT CHILD. 3,079
ADDITIONALLY, IF THE CHILD WAS COMMITTED FOR AN ACT THAT IS A 3,081
CATEGORY ONE OR CATEGORY TWO OFFENSE, THE COURT OR PROSECUTING 3,082
ATTORNEY ORALLY MAY COMMUNICATE TO A REPRESENTATIVE OF THE
RELEASE AUTHORITY COMMENTS REGARDING, OR OBJECTIONS TO, THE 3,084
SUPERVISED RELEASE OR DISCHARGE OF THE CHILD OR, IF A HEARING IS 3,086
HELD REGARDING THE POSSIBLE RELEASE OR DISCHARGE OF THE CHILD, 3,087
MAY COMMUNICATE THOSE COMMENTS AT THE HEARING. IN CONDUCTING THE 3,089
REVIEW OF THE CHILD'S CASE REGARDING THE POSSIBILITY OF
SUPERVISED RELEASE OR DISCHARGE, THE RELEASE AUTHORITY SHALL 3,090
CONSIDER ANY COMMENTS AND OBJECTIONS SO SUBMITTED OR COMMUNICATED 3,092
BY THE COURT OR PROSECUTOR AND ANY STATEMENTS OR COMMENTS 3,093
SUBMITTED OR COMMUNICATED UNDER SECTION 5139.56 OF THE REVISED 3,094
CODE BY A VICTIM OF AN ACT FOR WHICH THE CHILD WAS COMMITTED TO 3,095
THE LEGAL CUSTODY OF THE DEPARTMENT OR BY THE VICTIM'S 3,096
REPRESENTATIVE OF A VICTIM OF AN ACT OF THAT TYPE. 3,097
THE RELEASE AUTHORITY SHALL DETERMINE THE DATE ON WHICH A 3,099
76
CHILD MAY BE PLACED ON SUPERVISED RELEASE OR DISCHARGED. IF THE 3,101
RELEASE AUTHORITY BELIEVES THAT A CHILD SHOULD BE PLACED ON 3,102
SUPERVISED RELEASE, IT SHALL COMPLY WITH DIVISION (B) OF THIS 3,103
SECTION. IF THE RELEASE AUTHORITY BELIEVES THAT A CHILD SHOULD 3,104
BE DISCHARGED, IT SHALL COMPLY WITH DIVISION (C) OR (F) OF THIS 3,106
SECTION. IF THE RELEASE AUTHORITY DENIES THE SUPERVISED RELEASE 3,108
OR DISCHARGE OF A CHILD, IT SHALL PROVIDE THE CHILD WITH A 3,109
WRITTEN RECORD OF THE REASONS FOR THE DECISION. 3,110
(B)(1) WHEN THE RELEASE AUTHORITY DECIDES TO PLACE A CHILD 3,113
ON SUPERVISED RELEASE, CONSISTENT WITH DIVISION (D) OF THIS 3,115
SECTION, IT SHALL PREPARE A WRITTEN SUPERVISED RELEASE PLAN THAT 3,116
SPECIFIES THE TERMS AND CONDITIONS UPON WHICH THE CHILD IS TO BE 3,117
RELEASED FROM AN INSTITUTION ON SUPERVISED RELEASE AND, AT LEAST 3,118
THIRTY DAYS PRIOR TO THE RELEASE OF THE CHILD ON THE SUPERVISED 3,119
RELEASE, SHALL SEND TO THE COMMITTING COURT AND THE JUVENILE 3,120
COURT OF THE COUNTY IN WHICH THE CHILD WILL BE PLACED A COPY OF 3,121
THE SUPERVISED RELEASE PLAN AND THE TERMS AND CONDITIONS THAT IT 3,122
FIXES. THE JUVENILE COURT OF THE COUNTY IN WHICH THE CHILD WILL 3,123
BE PLACED, WITHIN FIFTEEN DAYS AFTER ITS RECEIPT OF THE COPY OF 3,124
THE SUPERVISED RELEASE PLAN, MAY ADD TO THE SUPERVISED RELEASE 3,125
PLAN ANY ADDITIONAL CONSISTENT TERMS AND CONDITIONS IT CONSIDERS 3,126
APPROPRIATE, PROVIDED THAT THE COURT MAY NOT ADD ANY TERM OR 3,127
CONDITION THAT DECREASES THE LEVEL OR DEGREE OF SUPERVISION 3,128
SPECIFIED BY THE RELEASE AUTHORITY IN THE PLAN, THAT 3,129
SUBSTANTIALLY INCREASES THE FINANCIAL BURDEN OF SUPERVISION THAT 3,130
WILL BE EXPERIENCED BY THE DEPARTMENT OF YOUTH SERVICES, OR THAT 3,131
ALTERS THE PLACEMENT SPECIFIED BY THE RELEASE AUTHORITY IN THE 3,132
PLAN.
IF, WITHIN FIFTEEN DAYS AFTER ITS RECEIPT OF THE COPY OF 3,135
THE RELEASE AUTHORITY'S SUPERVISED RELEASE PLAN, THE JUVENILE 3,136
COURT OF THE COUNTY IN WHICH THE CHILD WILL BE PLACED DOES NOT 3,137
ADD TO THE SUPERVISED RELEASE PLAN ANY ADDITIONAL TERMS AND 3,138
CONDITIONS, THE COURT SHALL ENTER THE RELEASE AUTHORITY'S 3,139
SUPERVISED RELEASE PLAN IN ITS JOURNAL WITHIN THAT FIFTEEN-DAY 3,140
77
PERIOD AND, WITHIN THAT FIFTEEN-DAY PERIOD, SHALL SEND TO THE 3,141
RELEASE AUTHORITY A COPY OF THE JOURNAL ENTRY OF THE SUPERVISED
RELEASE PLAN. THE JOURNALIZED PLAN SHALL APPLY REGARDING THE 3,142
CHILD'S SUPERVISED RELEASE. 3,143
IF, WITHIN FIFTEEN DAYS AFTER ITS RECEIPT OF THE COPY OF 3,146
THE RELEASE AUTHORITY'S SUPERVISED RELEASE PLAN, THE JUVENILE 3,147
COURT OF THE COUNTY IN WHICH THE CHILD WILL BE PLACED ADDS TO THE 3,148
SUPERVISED RELEASE PLAN ANY ADDITIONAL TERMS AND CONDITIONS, THE 3,149
COURT SHALL ENTER THE RELEASE AUTHORITY'S SUPERVISED RELEASE PLAN 3,150
AND THE ADDITIONAL TERMS AND CONDITIONS IN ITS JOURNAL AND, 3,152
WITHIN THAT FIFTEEN-DAY PERIOD, SHALL SEND TO THE RELEASE
AUTHORITY A COPY OF THE JOURNAL ENTRY OF THE SUPERVISED RELEASE 3,153
PLAN AND ADDITIONAL TERMS AND CONDITIONS. EXCEPT AS OTHERWISE 3,155
PROVIDED IN THIS DIVISION, THE JOURNALIZED SUPERVISED RELEASE 3,156
PLAN AND ADDITIONAL TERMS AND CONDITIONS ADDED BY THE COURT SHALL 3,158
APPLY REGARDING THE CHILD'S SUPERVISED RELEASE.
IF, WITHIN FIFTEEN DAYS AFTER ITS RECEIPT OF THE COPY OF 3,160
THE SUPERVISED RELEASE PLAN, THE JUVENILE COURT OF THE COUNTY IN 3,161
WHICH THE CHILD WILL BE PLACED NEITHER ENTERS IN ITS JOURNAL THE 3,162
RELEASE AUTHORITY'S SUPERVISED RELEASE PLAN NOR ENTERS IN ITS 3,163
JOURNAL THE RELEASE AUTHORITY'S SUPERVISED RELEASE PLAN PLUS 3,164
ADDITIONAL TERMS AND CONDITIONS ADDED BY THE COURT, THE FAILURE 3,165
TO ENTER THE MATERIALS IN THE COURT'S JOURNAL SHALL BE CONSIDERED 3,167
TO BE A CONSTRUCTIVE ENTRY INTO THE JOURNAL OF THE RELEASE 3,168
AUTHORITY'S SUPERVISED RELEASE PLAN, AND THE RELEASE AUTHORITY 3,169
AND ANY OTHER PERSON MAY RELY ON THE CONSTRUCTIVE JOURNAL ENTRY 3,170
TO THE SAME EXTENT AS IF THE COURT ACTUALLY HAD ENTERED THE 3,171
RELEASE AUTHORITY'S SUPERVISED RELEASE PLAN IN ITS JOURNAL. 3,172
(2) WHEN THE RELEASE AUTHORITY RECEIVES FROM THE COURT A 3,175
COPY OF THE JOURNALIZED SUPERVISED RELEASE PLAN AND, IF 3,176
APPLICABLE, A COPY OF THE JOURNALIZED ADDITIONAL TERMS AND
CONDITIONS ADDED BY THE COURT, THE RELEASE AUTHORITY SHALL KEEP 3,178
THE ORIGINAL COPY OR COPIES IN THE CHILD'S FILE AND SHALL PROVIDE 3,179
A COPY OF EACH DOCUMENT TO THE CHILD, THE EMPLOYEE OF THE 3,180
78
DEPARTMENT WHO IS ASSIGNED TO SUPERVISE AND ASSIST THE CHILD 3,181
WHILE ON RELEASE, AND THE COMMITTING COURT. 3,182
(C) IF A CHILD WHO IS IN THE CUSTODY OF THE DEPARTMENT OF 3,184
YOUTH SERVICES WAS COMMITTED PURSUANT TO DIVISION (A)(4) OR (5) 3,186
OF SECTION 2151.355 OF THE REVISED CODE AND HAS BEEN 3,187
INSTITUTIONALIZED OR INSTITUTIONALIZED IN A SECURE FACILITY FOR 3,188
THE PRESCRIBED MINIMUM PERIODS OF TIME UNDER THOSE DIVISIONS AND 3,189
IF THE RELEASE AUTHORITY IS SATISFIED THAT THE DISCHARGE OF THE 3,190
CHILD WITHOUT THE CHILD BEING PLACED ON SUPERVISED RELEASE WOULD 3,191
BE CONSISTENT WITH THE WELFARE OF THE CHILD AND PROTECTION OF THE 3,193
PUBLIC, THE RELEASE AUTHORITY, WITHOUT APPROVAL OF THE COURT THAT 3,194
COMMITTED THE CHILD, MAY DISCHARGE THE CHILD FROM ITS CUSTODY AND 3,195
CONTROL WITHOUT PLACING THE CHILD ON SUPERVISED RELEASE. 3,196
ADDITIONALLY, THE DEPARTMENT MAY DISCHARGE A CHILD IN ITS CUSTODY
WITHOUT THE CHILD BEING PLACED ON SUPERVISED RELEASE IF THE CHILD 3,197
IS REMOVED FROM THE JURISDICTION OF THIS STATE BY A COURT ORDER 3,198
OF A COURT OF THIS STATE, ANOTHER STATE, OR THE UNITED STATES, OR 3,199
BY ANY AGENCY OF THIS STATE, ANOTHER STATE, OR THE UNITED STATES, 3,201
IF THE CHILD IS CONVICTED OF OR PLEADS GUILTY TO ANY CRIMINAL
OFFENSE, OR AS OTHERWISE PROVIDED BY LAW. AT LEAST FIFTEEN DAYS 3,203
BEFORE THE SCHEDULED DATE OF DISCHARGE OF THE CHILD WITHOUT THE 3,204
CHILD BEING PLACED ON SUPERVISED RELEASE, THE DEPARTMENT SHALL 3,205
NOTIFY THE COMMITTING COURT, IN WRITING, THAT IT IS GOING TO 3,206
DISCHARGE THE CHILD AND OF THE REASON FOR THE DISCHARGE. UPON 3,208
DISCHARGE OF THE CHILD WITHOUT THE CHILD BEING PLACED ON
SUPERVISED RELEASE, THE DEPARTMENT IMMEDIATELY SHALL CERTIFY THE 3,209
DISCHARGE IN WRITING AND SHALL TRANSMIT THE CERTIFICATE OF 3,210
DISCHARGE TO THE COMMITTING COURT. 3,211
(D) IN ADDITION TO REQUIREMENTS THAT ARE REASONABLY 3,214
RELATED TO THE CHILD'S PRIOR PATTERN OF CRIMINAL OR DELINQUENT 3,215
BEHAVIOR AND THE PREVENTION OF FURTHER CRIMINAL OR DELINQUENT 3,216
BEHAVIOR, THE RELEASE AUTHORITY SHALL SPECIFY THE FOLLOWING 3,217
REQUIREMENTS FOR EACH CHILD WHOM IT RELEASES:
(1) THE CHILD SHALL OBSERVE THE LAW. 3,219
79
(2) THE CHILD SHALL MAINTAIN APPROPRIATE CONTACT, AS 3,221
SPECIFIED IN THE WRITTEN SUPERVISED RELEASE DOCUMENT FOR THAT 3,222
CHILD, WITH THE EMPLOYEE OF THE DEPARTMENT ASSIGNED TO SUPERVISE 3,223
AND ASSIST THE CHILD. 3,224
(3) IF THE CHILD'S RESIDENCE CHANGES, THE CHILD SHALL 3,226
NOTIFY THE EMPLOYEE OF THE DEPARTMENT ASSIGNED TO SUPERVISE AND 3,227
ASSIST THE CHILD OF THE CHANGE AND PROVIDE APPROPRIATE 3,228
INFORMATION REGARDING THE CHILD'S NEW RESIDENCE ADDRESS. 3,229
(E) AT ANY TIME WHILE A CHILD IS ON SUPERVISED RELEASE, 3,232
THE RELEASE AUTHORITY, IN ACCORDANCE WITH THE PROCEDURES SET 3,233
FORTH IN THIS DIVISION, MAY MODIFY THE TERMS AND CONDITIONS OF 3,235
THE CHILD'S SUPERVISED RELEASE BY INCREASING THE DEGREE OF
SUPERVISION, SUBSTANTIALLY INCREASING THE FINANCIAL BURDEN OF 3,237
SUPERVISION TO BE EXPERIENCED BY THE DEPARTMENT OF YOUTH 3,238
SERVICES, OR ALTERING THE PLACEMENT OF THE CHILD. IF THE RELEASE 3,239
AUTHORITY WISHES TO MODIFY THE TERMS AND CONDITIONS OF A CHILD'S 3,240
SUPERVISED RELEASE IN ANY OF THOSE MANNERS, THE RELEASE AUTHORITY
SHALL ISSUE A SUMMONS THAT REQUIRES THE CHILD TO APPEAR FOR A 3,242
HEARING TO DETERMINE WHETHER THE MODIFICATION SHALL BE MADE. THE 3,243
SUMMONS SHALL CONTAIN A BRIEF STATEMENT OF THE DESIRED 3,244
MODIFICATION AND SHALL REQUIRE THE CHILD TO APPEAR FOR A HEARING 3,245
BEFORE THE RELEASE AUTHORITY AT A SPECIFIED DATE, TIME, AND 3,246
PLACE. THE SUMMONS MAY BE PERSONALLY SERVED BY AN EMPLOYEE OF 3,247
THE DEPARTMENT OF YOUTH SERVICES OR OTHERWISE SERVED IN A MANNER 3,248
THAT IS REASONABLY CALCULATED TO ASSURE NOTICE OF THE HEARING, 3,249
INCLUDING, BUT NOT LIMITED TO, BY DELIVERING THE SUMMONS TO THE 3,250
CHILD PERSONALLY OR LEAVING IT AT THE CHILD'S USUAL PLACE OF 3,251
RESIDENCE WITH A PERSON OF SUITABLE AGE AND DISCRETION WHO 3,252
RESIDES AT THAT PLACE. THE RELEASE AUTHORITY SHALL REGARD THE 3,253
FAILURE OF A CHILD TO APPEAR FOR THE HEARING STATED IN THE 3,254
SUMMONS AS A VIOLATION OF THE CHILD'S SUPERVISED RELEASE. AT THE 3,255
HEARING, THE RELEASE AUTHORITY MAY MODIFY THE TERMS AND 3,256
CONDITIONS OF THE CHILD'S SUPERVISED RELEASE, OTHER THAN THE 3,257
TERMS SPECIFIED IN DIVISION (D) OF THIS SECTION IN ANY OF THE 3,258
80
MANNERS DESCRIBED IN THIS DIVISION. IF THE RELEASE AUTHORITY 3,260
MODIFIES THE TERMS AND CONDITIONS, IT SHALL PREPARE A WRITTEN 3,261
STATEMENT THAT SPECIFIES THE MODIFICATIONS, SHALL KEEP THE
ORIGINAL OF THE WRITTEN STATEMENT IN THE CHILD'S FILE, PROMPTLY 3,263
SHALL PROVIDE A COPY OF THE WRITTEN STATEMENT TO THE CHILD AND 3,264
THE EMPLOYEE OF THE DEPARTMENT WHO IS ASSIGNED TO SUPERVISE AND 3,265
ASSIST THE CHILD WHILE ON RELEASE, AND SHALL SEND A COPY OF THE 3,266
WRITTEN STATEMENT TO THE COMMITTING COURT AND THE JUVENILE COURT 3,268
OF THE COUNTY IN WHICH THE CHILD HAS BEEN PLACED. WITHIN THREE 3,269
BUSINESS DAYS AFTER ITS RECEIPT OF THE WRITTEN STATEMENT, THE 3,270
JUVENILE COURT OF THE COUNTY IN WHICH THE CHILD HAS BEEN PLACED 3,271
SHALL ENTER THE WRITTEN STATEMENT IN ITS JOURNAL. IF, WITHIN 3,273
THREE BUSINESS DAYS AFTER ITS RECEIPT OF THE WRITTEN STATEMENT, 3,274
THE JUVENILE COURT OF THE COUNTY IN WHICH THE CHILD WILL BE 3,275
PLACED DOES NOT ENTER THE WRITTEN STATEMENT IN ITS JOURNAL, THE 3,276
FAILURE TO ENTER THE WRITTEN STATEMENT IN THE COURT'S JOURNAL 3,277
SHALL BE CONSIDERED TO BE A CONSTRUCTIVE ENTRY OF THE WRITTEN 3,278
STATEMENT IN THE JOURNAL, AND THE RELEASE AUTHORITY AND ANY OTHER 3,279
PERSON MAY RELY ON THE CONSTRUCTIVE JOURNAL ENTRY TO THE SAME 3,280
EXTENT AS IF THE COURT ACTUALLY HAD ENTERED THE WRITTEN STATEMENT 3,281
IN ITS JOURNAL. NEITHER THE COMMITTING COURT NOR THE JUVENILE 3,283
COURT OF THE COUNTY IN WHICH THE CHILD HAS BEEN PLACED MAY 3,284
REVISE, OR ADD TO, THE MODIFICATIONS CONTAINED IN THE WRITTEN 3,285
STATEMENT. THE MODIFICATIONS CONTAINED IN THE WRITTEN STATEMENT 3,286
SHALL TAKE EFFECT THREE BUSINESS DAYS AFTER THE RECEIPT OF THE 3,287
WRITTEN STATEMENT BY THE JUVENILE COURT OF THE COUNTY IN WHICH
THE CHILD HAS BEEN PLACED. 3,289
(F) THE PERIOD OF A CHILD'S SUPERVISED RELEASE MAY EXTEND 3,292
FROM THE DATE OF RELEASE FROM AN INSTITUTION UNTIL THE CHILD 3,293
ATTAINS TWENTY-ONE YEARS OF AGE. IF THE PERIOD OF SUPERVISED 3,294
RELEASE EXTENDS BEYOND ONE YEAR AFTER THE DATE OF RELEASE OR 3,295
BEYOND ONE YEAR AFTER ANY MINIMUM PERIOD OR PERIOD OF 3,296
INSTITUTIONALIZATION REQUIRED BY LAW, THE CHILD MAY REQUEST IN 3,297
WRITING THAT THE RELEASE AUTHORITY CONDUCT A DISCHARGE REVIEW 3,298
81
AFTER THE EXPIRATION OF THE ONE-YEAR PERIOD OR THE MINIMUM PERIOD 3,300
OR PERIOD. IF THE CHILD SO REQUESTS, THE RELEASE AUTHORITY SHALL
CONDUCT A DISCHARGE REVIEW AND GIVE THE CHILD ITS DECISION IN 3,301
WRITING. THE RELEASE AUTHORITY SHALL NOT GRANT A DISCHARGE PRIOR 3,302
TO THE DISCHARGE DATE IF IT FINDS GOOD CAUSE FOR RETAINING THE 3,303
CHILD IN THE CUSTODY OF THE DEPARTMENT UNTIL THE DISCHARGE DATE. 3,304
A CHILD MAY REQUEST AN ADDITIONAL DISCHARGE REVIEW SIX MONTHS 3,305
AFTER THE DATE OF A PREVIOUS DISCHARGE REVIEW DECISION, BUT NOT 3,306
MORE THAN ONCE DURING ANY SIX-MONTH PERIOD AFTER THE DATE OF A 3,307
PREVIOUS DISCHARGE REVIEW DECISION. 3,308
(G) AT LEAST TWO WEEKS BEFORE THE RELEASE AUTHORITY PLACES 3,310
ON SUPERVISED RELEASE OR DISCHARGES A CHILD WHO WAS COMMITTED TO 3,313
THE LEGAL CUSTODY OF THE DEPARTMENT, THE RELEASE AUTHORITY SHALL 3,314
PROVIDE NOTICE OF THE RELEASE OR DISCHARGE AS FOLLOWS: 3,315
(1) IN RELATION TO THE PLACEMENT ON SUPERVISED RELEASE OF 3,317
A CHILD WHO WAS COMMITTED TO THE DEPARTMENT FOR COMMITTING AN ACT 3,318
THAT IS A CATEGORY ONE OR CATEGORY TWO OFFENSE AND IN RELATION TO 3,320
THE DISCHARGE OF A CHILD WHO WAS COMMITTED TO THE DEPARTMENT FOR 3,321
COMMITTING ANY ACT, THE RELEASE AUTHORITY SHALL NOTIFY, BY THE 3,322
SPECIFIED DEADLINE, ALL OF THE FOLLOWING OF THE RELEASE OR
DISCHARGE: 3,323
(a) THE PROSECUTING ATTORNEY OF THE COUNTY IN WHICH THE 3,325
CHILD WAS ADJUDICATED A DELINQUENT CHILD AND COMMITTED TO THE 3,326
CUSTODY OF THE DEPARTMENT; 3,327
(b) WHICHEVER OF THE FOLLOWING IS APPLICABLE: 3,329
(i) IF UPON THE SUPERVISED RELEASE OR DISCHARGE THE CHILD 3,331
WILL RESIDE IN A MUNICIPAL CORPORATION, THE CHIEF OF POLICE OR 3,332
OTHER CHIEF LAW ENFORCEMENT OFFICER OF THAT MUNICIPAL 3,333
CORPORATION;
(ii) IF UPON THE SUPERVISED RELEASE OR DISCHARGE THE CHILD 3,335
WILL RESIDE IN AN UNINCORPORATED AREA OF A COUNTY, THE SHERIFF OF 3,336
THAT COUNTY.
(2) IN RELATION TO THE PLACEMENT ON SUPERVISED RELEASE OR 3,338
DISCHARGE OF A CHILD WHO WAS COMMITTED TO THE DEPARTMENT FOR 3,339
82
COMMITTING ANY ACT, THE RELEASE AUTHORITY SHALL NOTIFY, BY THE 3,340
SPECIFIED DEADLINE EACH VICTIM OF THE ACT FOR WHICH THE CHILD WAS 3,342
COMMITTED TO THE LEGAL CUSTODY OF THE DEPARTMENT WHO, PURSUANT TO 3,344
SECTION 5139.56 OF THE REVISED CODE, HAS REQUESTED TO BE NOTIFIED 3,346
OF THE PLACEMENT OF THE CHILD ON SUPERVISED RELEASE OR THE 3,347
DISCHARGE OF THE CHILD, PROVIDED THAT, IF ANY VICTIM HAS 3,348
DESIGNATED A PERSON PURSUANT TO THAT SECTION TO ACT ON THE
VICTIM'S BEHALF AS A VICTIM'S REPRESENTATIVE, THE NOTIFICATION 3,349
REQUIRED BY THIS DIVISION SHALL BE PROVIDED TO THAT VICTIM'S 3,350
REPRESENTATIVE. 3,351
Sec. 5139.52. (A) AT ANY TIME DURING A CHILD'S SUPERVISED 3,353
RELEASE, IF THE REGIONAL ADMINISTRATOR OR THE EMPLOYEE OF THE 3,356
DEPARTMENT ASSIGNED TO SUPERVISE AND ASSIST THE CHILD HAS 3,357
REASONABLE GROUNDS TO BELIEVE THAT THE CHILD HAS VIOLATED A TERM 3,358
OR CONDITION OF THE SUPERVISED RELEASE, THE ADMINISTRATOR OR 3,359
EMPLOYEE MAY REQUEST A COURT TO ISSUE A SUMMONS THAT REQUIRES THE 3,361
CHILD TO APPEAR FOR A HEARING TO ANSWER CHARGES OF THE ALLEGED 3,362
VIOLATION. THE SUMMONS SHALL CONTAIN A BRIEF STATEMENT OF THE 3,363
ALLEGED VIOLATION, INCLUDING THE DATE AND PLACE OF THE VIOLATION, 3,364
AND SHALL REQUIRE THE CHILD TO APPEAR FOR A HEARING BEFORE THE 3,365
COURT AT A SPECIFIC DATE, TIME, AND PLACE. 3,366
(B)(1) AT ANY TIME WHILE A CHILD IS ON SUPERVISED RELEASE, 3,368
A REGIONAL ADMINISTRATOR OR A DESIGNEE OF A REGIONAL 3,370
ADMINISTRATOR, UPON APPLICATION AS DESCRIBED IN THIS DIVISION,
MAY ISSUE, OR CAUSE TO BE ISSUED, AN ORDER OF APPREHENSION FOR 3,372
THE ARREST OF THE CHILD FOR THE ALLEGED VIOLATION OF A TERM OR 3,373
CONDITION OF THE CHILD'S SUPERVISED RELEASE. AN APPLICATION
REQUESTING AN ORDER OF APPREHENSION SHALL SET FORTH THAT, IN THE 3,377
GOOD FAITH JUDGMENT OF THE REGIONAL ADMINISTRATOR OR DESIGNEE 3,378
MAKING THE APPLICATION, THERE IS REASONABLE CAUSE TO BELIEVE THAT 3,380
THE CHILD WHO IS ON SUPERVISED RELEASE HAS VIOLATED OR IS 3,381
VIOLATING A TERM OR CONDITION OF THE CHILD'S SUPERVISED RELEASE, 3,383
SHALL STATE THE BASIS FOR THAT BELIEF, AND SHALL REQUEST THAT THE 3,384
CHILD BE TAKEN TO AN APPROPRIATE PLACE OF SECURE DETENTION 3,385
83
PENDING A PROBABLE CAUSE DETERMINATION. AS AN ALTERNATIVE TO AN 3,387
ORDER OF APPREHENSION FOR THE CHILD, A REGIONAL ADMINISTRATOR OR 3,388
THE EMPLOYEE OF THE DEPARTMENT ASSIGNED TO SUPERVISE AND ASSIST 3,389
THE CHILD MAY REQUEST A COURT TO ISSUE A WARRANT FOR THE ARREST 3,390
OF THE CHILD.
SUBJECT TO THE PROVISION OF PRIOR NOTICE REQUIRED BY 3,392
DIVISION (D)(1) OF THIS SECTION, IF A REGIONAL ADMINISTRATOR OR A 3,395
DESIGNEE OF A REGIONAL ADMINISTRATOR ISSUES, IN WRITING, AN ORDER 3,396
OF APPREHENSION FOR THE ARREST OF A CHILD, A STAFF MEMBER OF THE 3,397
DEPARTMENT OF YOUTH SERVICES WHO HAS BEEN DESIGNATED PURSUANT TO 3,398
DIVISION (A)(1) OF SECTION 5139.53 OF THE REVISED CODE AS BEING 3,401
AUTHORIZED TO ARREST AND WHO HAS RECEIVED THE TRAINING DESCRIBED 3,402
IN DIVISION (B)(1) OF THAT SECTION, OR A PEACE OFFICER, AS 3,404
DEFINED IN SECTION 2935.01 OF THE REVISED CODE, MAY ARREST THE 3,405
CHILD, WITHOUT A WARRANT, AND PLACE THE CHILD IN SECURE DETENTION 3,406
IN ACCORDANCE WITH THIS SECTION. 3,407
IF A CHILD IS ON SUPERVISED RELEASE, ANY PEACE OFFICER, AS 3,409
DEFINED IN SECTION 2935.01 OF THE REVISED CODE, MAY ARREST THE 3,411
CHILD WITHOUT A WARRANT OR ORDER OF APPREHENSION IF THE PEACE 3,412
OFFICER HAS REASONABLE GROUNDS TO BELIEVE THAT THE CHILD HAS 3,413
VIOLATED OR IS VIOLATING ANY OF THE FOLLOWING THAT HAS BEEN 3,414
PRESCRIBED BY THE RELEASE AUTHORITY RELATIVE TO THE CHILD: 3,415
(a) A CONDITION THAT PROHIBITS THE CHILD'S OWNERSHIP, 3,418
POSSESSION, OR USE OF A FIREARM, DEADLY WEAPON, AMMUNITION, OR 3,419
DANGEROUS ORDNANCE, ALL AS DEFINED IN SECTION 2923.11 OF THE 3,420
REVISED CODE;
(b) A CONDITION THAT PROHIBITS THE CHILD FROM BEING WITHIN 3,423
A SPECIFIED STRUCTURE OR GEOGRAPHIC AREA; 3,424
(c) A CONDITION THAT CONFINES THE CHILD TO A RESIDENCE, 3,427
FACILITY, OR OTHER STRUCTURE;
(d) A CONDITION THAT PROHIBITS THE CHILD FROM CONTACTING 3,430
OR COMMUNICATING WITH ANY SPECIFIED INDIVIDUAL; 3,431
(e) A CONDITION THAT PROHIBITS THE CHILD FROM ASSOCIATING 3,434
WITH A SPECIFIED INDIVIDUAL;
84
(f) ANY OTHER RULE, TERM, OR CONDITION GOVERNING THE 3,437
CONDUCT OF THE CHILD THAT HAS BEEN PRESCRIBED BY THE RELEASE 3,438
AUTHORITY.
(2) SUBJECT TO THE PROVISION OF PRIOR NOTICE REQUIRED BY 3,440
DIVISION (D)(1) OF THIS SECTION, A STAFF MEMBER OF THE DEPARTMENT 3,441
OF YOUTH SERVICES WHO IS DESIGNATED BY THE DIRECTOR PURSUANT TO 3,443
DIVISION (A)(1) OF SECTION 5139.53 OF THE REVISED CODE AND WHO
HAS RECEIVED THE TRAINING DESCRIBED IN DIVISION (B)(1) OF THAT 3,444
SECTION, A PEACE OFFICER, AS DEFINED IN SECTION 2935.01 OF THE 3,445
REVISED CODE, OR ANY OTHER OFFICER WITH THE POWER TO ARREST MAY 3,446
EXECUTE A WARRANT OR ORDER OF APPREHENSION ISSUED UNDER DIVISION 3,448
(B)(1) OF THIS SECTION AND TAKE THE CHILD INTO SECURE CUSTODY. 3,450
(C) A STAFF MEMBER OF THE DEPARTMENT OF YOUTH SERVICES WHO 3,452
IS DESIGNATED BY THE DIRECTOR OF YOUTH SERVICES PURSUANT TO 3,453
DIVISION (A)(1) OF SECTION 5139.53 OF THE REVISED CODE AND WHO 3,455
HAS RECEIVED THE TRAINING DESCRIBED IN DIVISION (B)(1) OF THAT 3,456
SECTION, A PEACE OFFICER, AS DEFINED IN SECTION 2935.01 OF THE 3,457
REVISED CODE, OR ANY OTHER OFFICER WITH THE POWER TO ARREST MAY 3,458
ARREST WITHOUT A WARRANT OR ORDER OF APPREHENSION AND TAKE INTO 3,459
SECURE CUSTODY A CHILD IN THE LEGAL CUSTODY OF THE DEPARTMENT, IF 3,461
THE STAFF MEMBER, PEACE OFFICER, OR OTHER OFFICER HAS REASONABLE 3,462
CAUSE TO BELIEVE THAT THE CHILD WHO IS ON SUPERVISED RELEASE HAS 3,463
VIOLATED OR IS VIOLATING A TERM OR CONDITION OF THE SUPERVISED
RELEASE IN ANY OF THE FOLLOWING MANNERS: 3,465
(1) THE CHILD COMMITTED OR IS COMMITTING AN OFFENSE OR 3,468
DELINQUENT ACT IN THE PRESENCE OF THE STAFF MEMBER, PEACE
OFFICER, OR OTHER OFFICER. 3,470
(2) THERE IS PROBABLE CAUSE TO BELIEVE THAT THE CHILD 3,472
VIOLATED A TERM OR CONDITION OF SUPERVISED RELEASE AND THAT THE 3,474
CHILD IS LEAVING OR IS ABOUT TO LEAVE THE STATE.
(3) THE CHILD FAILED TO APPEAR BEFORE THE RELEASE 3,476
AUTHORITY PURSUANT TO A SUMMONS FOR A MODIFICATION OR FAILED TO 3,477
APPEAR FOR A SCHEDULED COURT HEARING. 3,478
(4) THE ARREST OF THE CHILD IS NECESSARY TO PREVENT 3,480
85
PHYSICAL HARM TO ANOTHER PERSON OR TO THE CHILD. 3,481
(D)(1) EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, 3,483
PRIOR TO ARRESTING A CHILD UNDER THIS SECTION, EITHER IN RELATION 3,484
TO AN ORDER OF APPREHENSION OR A WARRANT FOR ARREST OR IN ANY 3,485
OTHER MANNER AUTHORIZED BY THIS SECTION, A STAFF MEMBER OR 3,486
EMPLOYEE OF THE DEPARTMENT OF YOUTH SERVICES SHALL PROVIDE NOTICE 3,487
OF THE ANTICIPATED ARREST TO EACH COUNTY, MUNICIPAL, OR TOWNSHIP 3,489
LAW ENFORCEMENT AGENCY WITH JURISDICTION OVER THE PLACE AT WHICH 3,490
THE STAFF MEMBER OR EMPLOYEE ANTICIPATES MAKING THE ARREST. A 3,492
STAFF MEMBER OR EMPLOYEE IS NOT REQUIRED TO PROVIDE THE NOTICE 3,493
DESCRIBED IN THIS DIVISION PRIOR TO MAKING AN ARREST IN ANY 3,494
EMERGENCY SITUATION OR CIRCUMSTANCE DESCRIBED UNDER DIVISION (C) 3,496
OF THIS SECTION.
(2) AN EMPLOYEE OF THE DEPARTMENT ASSIGNED TO SUPERVISE 3,499
AND ASSIST A CHILD WHILE ON SUPERVISED RELEASE OR ANOTHER STAFF 3,500
MEMBER DESIGNATED BY THE DIRECTOR OF YOUTH SERVICES PURSUANT TO 3,501
DIVISION (A)(1) OF SECTION 5139.53 OF THE REVISED CODE, AS 3,502
APPROPRIATE, PROMPTLY SHALL NOTIFY THE RELEASE AUTHORITY IN 3,503
WRITING WHEN A SUMMONS, ORDER OF APPREHENSION, OR WARRANT IS 3,505
SERVED OR AN ARREST IS MADE PURSUANT TO THIS SECTION AND SHALL
SPECIFY IN DETAIL THE FACTUAL ALLEGATIONS OF THE MANNER IN WHICH 3,506
THE CHILD ALLEGEDLY HAS VIOLATED THE TERMS AND CONDITIONS OF 3,509
SUPERVISED RELEASE.
(3) IF A PEACE OFFICER, AS DEFINED IN SECTION 2935.01 OF 3,511
THE REVISED CODE, OR ANY OTHER OFFICER WITH THE POWER TO ARREST 3,513
ARRESTS A CHILD UNDER THIS SECTION, THE ARRESTING OFFICER OR THE 3,514
DEPARTMENT OR LAW ENFORCEMENT AGENCY SERVED BY THE ARRESTING 3,515
OFFICER, PROMPTLY AFTER THE ARREST, SHALL NOTIFY THE RELEASE 3,516
AUTHORITY THAT THE CHILD HAS BEEN ARRESTED AND SHALL PROVIDE TO 3,517
THE AUTHORITY OR TO AN EMPLOYEE OF THE DEPARTMENT OF YOUTH 3,518
SERVICES A COPY OF THE ARREST INFORMATION PERTAINING TO THE 3,519
ARREST.
(4) NOTHING IN THIS SECTION LIMITS THE POWER TO MAKE AN 3,522
ARREST THAT IS GRANTED TO SPECIFIED PEACE OFFICERS UNDER SECTION 3,523
86
2935.03 OF THE REVISED CODE, TO ANY PERSON UNDER SECTION 2935.04 3,525
OF THE REVISED CODE, OR TO ANY OTHER SPECIFIED CATEGORY OF 3,526
PERSONS BY ANY OTHER PROVISION OF THE REVISED CODE, OR THE POWER 3,527
TO TAKE A CHILD INTO CUSTODY THAT IS GRANTED PURSUANT TO SECTION 3,528
2151.31 OF THE REVISED CODE. 3,529
(E) IF A CHILD WHO IS ON SUPERVISED RELEASE IS ARRESTED 3,532
UNDER AN ORDER OF APPREHENSION, UNDER A WARRANT, OR WITHOUT A 3,533
WARRANT AS DESCRIBED IN DIVISION (B)(1), (B)(2), OR (C) OF THIS 3,536
SECTION AND TAKEN INTO SECURE CUSTODY, ALL OF THE FOLLOWING 3,537
APPLY:
(1) IF NO MOTION TO REVOKE THE CHILD'S SUPERVISED RELEASE 3,540
HAS BEEN FILED WITHIN SEVENTY-TWO HOURS AFTER THE CHILD IS TAKEN 3,541
INTO SECURE CUSTODY, THE JUVENILE COURT, IN MAKING ITS 3,542
DETERMINATIONS AT A DETENTION HEARING AS TO WHETHER TO HOLD THE 3,543
CHILD IN SECURE CUSTODY UP TO SEVENTY-TWO HOURS SO THAT A MOTION 3,544
TO REVOKE THE CHILD'S SUPERVISED RELEASE MAY BE FILED, MAY
CONSIDER, IN ADDITION TO ALL OTHER EVIDENCE AND INFORMATION 3,546
CONSIDERED, THE CIRCUMSTANCES OF THE CHILD'S ARREST AND, IF THE 3,547
ARREST WAS PURSUANT TO AN ORDER OF APPREHENSION, THE ORDER AND 3,548
THE APPLICATION FOR THE ORDER. 3,549
(2) IF NO MOTION TO REVOKE THE CHILD'S SUPERVISED RELEASE 3,551
HAS BEEN FILED WITHIN SEVENTY-TWO HOURS AFTER THE CHILD IS TAKEN 3,552
INTO SECURE CUSTODY AND IF THE CHILD HAS NOT OTHERWISE BEEN 3,553
RELEASED PRIOR TO THE EXPIRATION OF THAT SEVENTY-TWO-HOUR PERIOD, 3,555
THE CHILD SHALL BE RELEASED UPON THE EXPIRATION OF THAT
SEVENTY-TWO-HOUR PERIOD. 3,556
(3) IF THE PERSON IS EIGHTEEN, NINETEEN, OR TWENTY YEARS 3,560
OF AGE, THE PERSON MAY BE CONFINED IN SECURE DETENTION IN THE
JAIL OF THE COUNTY IN WHICH THE PERSON IS TAKEN INTO CUSTODY. IF 3,562
THE PERSON IS UNDER EIGHTEEN YEARS OF AGE, THE PERSON MAY BE 3,564
CONFINED IN SECURE DETENTION IN THE NEAREST JUVENILE DETENTION 3,566
FACILITY.
(4) IF A MOTION TO REVOKE THE CHILD'S SUPERVISED RELEASE 3,568
IS FILED AFTER THE CHILD HAS BEEN TAKEN INTO SECURE CUSTODY AND 3,569
87
THE COURT DECIDES AT THE DETENTION HEARING TO RELEASE THE CHILD 3,570
FROM SECURE CUSTODY, THE COURT MAY RELEASE THE CHILD ON THE SAME 3,571
TERMS AND CONDITIONS THAT ARE CURRENTLY IN EFFECT REGARDING THE 3,572
CHILD'S SUPERVISED RELEASE, PENDING REVOCATION OR SUBSEQUENT 3,573
MODIFICATION. 3,574
(F) IF A CHILD WHO IS ON SUPERVISED RELEASE IS ARRESTED 3,577
UNDER AN ORDER OF APPREHENSION, UNDER A WARRANT, OR WITHOUT A 3,578
WARRANT AS DESCRIBED IN DIVISION (B)(1), (B)(2), OR (C) OF THIS 3,581
SECTION AND TAKEN INTO SECURE CUSTODY, AND IF A MOTION TO REVOKE 3,582
THE CHILD'S SUPERVISED RELEASE IS FILED, THE JUVENILE COURT OF 3,583
THE COUNTY IN WHICH THE CHILD IS PLACED PROMPTLY SHALL SCHEDULE A 3,584
TIME FOR A HEARING ON WHETHER THE CHILD VIOLATED ANY OF THE 3,585
POST-RELEASE TERMS AND CONDITIONS OF THE SUPERVISED RELEASE. IF 3,586
A CHILD IS RELEASED ON SUPERVISED RELEASE AND THE JUVENILE COURT 3,588
OF THE COUNTY IN WHICH THE CHILD IS PLACED OTHERWISE HAS REASON 3,589
TO BELIEVE THAT THE CHILD HAS NOT COMPLIED WITH THE TERMS AND 3,590
CONDITIONS OF THE SUPERVISED RELEASE, THE COURT OF THE COUNTY IN 3,591
WHICH THE CHILD IS PLACED, IN ITS DISCRETION, MAY SCHEDULE A TIME 3,592
FOR A HEARING ON WHETHER THE CHILD VIOLATED ANY OF THE TERMS AND 3,593
CONDITIONS OF THE SUPERVISED RELEASE. IF THE COURT OF THE COUNTY 3,594
IN WHICH THE CHILD IS PLACED ON SUPERVISED RELEASE CONDUCTS A 3,595
HEARING AND DETERMINES AT THE HEARING THAT THE CHILD DID NOT 3,596
VIOLATE ANY TERM OR CONDITION OF THE CHILD'S SUPERVISED RELEASE, 3,597
THE CHILD SHALL BE RELEASED FROM CUSTODY, IF THE CHILD IS IN 3,598
CUSTODY AT THAT TIME, AND SHALL CONTINUE ON SUPERVISED RELEASE 3,599
UNDER THE TERMS AND CONDITIONS THAT WERE IN EFFECT AT THE TIME OF 3,600
THE CHILD'S ARREST, SUBJECT TO SUBSEQUENT REVOCATION OR 3,601
MODIFICATION. IF THE COURT OF THE COUNTY IN WHICH THE CHILD IS 3,602
PLACED ON SUPERVISED RELEASE CONDUCTS A HEARING AND DETERMINES AT 3,604
THE HEARING THAT THE CHILD VIOLATED ONE OR MORE OF THE TERMS AND 3,605
CONDITIONS OF THE CHILD'S SUPERVISED RELEASE, THE COURT, IF IT 3,606
DETERMINES THAT THE VIOLATION WAS A SERIOUS VIOLATION, MAY REVOKE 3,607
THE CHILD'S SUPERVISED RELEASE AND ORDER THE CHILD TO BE RETURNED 3,608
TO THE DEPARTMENT OF YOUTH SERVICES FOR INSTITUTIONALIZATION OR, 3,609
88
IN ANY CASE, MAY MAKE ANY OTHER DISPOSITION OF THE CHILD 3,610
AUTHORIZED BY LAW THAT THE COURT CONSIDERS PROPER. IF THE COURT 3,611
ORDERS THE CHILD TO BE RETURNED TO A DEPARTMENT OF YOUTH SERVICES 3,612
INSTITUTION, THE CHILD SHALL REMAIN INSTITUTIONALIZED FOR A 3,613
MINIMUM PERIOD OF THIRTY DAYS, THE DEPARTMENT SHALL NOT REDUCE 3,614
THE MINIMUM THIRTY-DAY PERIOD OF INSTITUTIONALIZATION FOR ANY 3,615
TIME THAT THE CHILD WAS HELD IN SECURE CUSTODY SUBSEQUENT TO THE 3,616
CHILD'S ARREST AND PENDING THE REVOCATION HEARING AND THE CHILD'S 3,617
RETURN TO THE DEPARTMENT, THE RELEASE AUTHORITY, IN ITS 3,618
DISCRETION, MAY REQUIRE THE CHILD TO REMAIN IN 3,619
INSTITUTIONALIZATION FOR LONGER THAN THE MINIMUM THIRTY-DAY 3,620
PERIOD, AND THE CHILD IS NOT ELIGIBLE FOR JUDICIAL RELEASE OR
EARLY RELEASE DURING THE MINIMUM THIRTY-DAY PERIOD OF 3,621
INSTITUTIONALIZATION OR ANY PERIOD OF INSTITUTIONALIZATION IN 3,622
EXCESS OF THE MINIMUM THIRTY-DAY PERIOD.
Sec. 5139.53. (A)(1) THE DIRECTOR OF YOUTH SERVICES SHALL 3,625
DESIGNATE CERTAIN EMPLOYEES OF THE DEPARTMENT OF YOUTH SERVICES, 3,626
INCLUDING REGIONAL ADMINISTRATORS, AS PERSONS WHO ARE AUTHORIZED, 3,627
IN ACCORDANCE WITH SECTION 5139.52 OF THE REVISED CODE, TO 3,629
EXECUTE AN ORDER OF APPREHENSION OR A WARRANT FOR, OR OTHERWISE 3,630
TO ARREST, CHILDREN IN THE CUSTODY OF THE DEPARTMENT WHO ARE 3,632
VIOLATING OR ARE ALLEGED TO HAVE VIOLATED THE TERMS AND
CONDITIONS OF SUPERVISED RELEASE. 3,633
(2) THE DIRECTOR OF YOUTH SERVICES SHALL DESIGNATE SOME OF 3,635
THE EMPLOYEES DESIGNATED UNDER DIVISION (A)(1) OF THIS SECTION AS 3,637
EMPLOYEES AUTHORIZED TO CARRY A FIREARM ISSUED BY THE DEPARTMENT 3,638
WHILE ON DUTY FOR THEIR PROTECTION IN CARRYING OUT OFFICIAL
DUTIES.
(B)(1) AN EMPLOYEE OF THE DEPARTMENT DESIGNATED BY THE 3,640
DIRECTOR PURSUANT TO DIVISION (A)(1) OF THIS SECTION AS HAVING 3,643
THE AUTHORITY TO EXECUTE ORDERS OF APPREHENSION OR WARRANTS AND 3,644
TO ARREST CHILDREN AS DESCRIBED IN THAT DIVISION SHALL NOT 3,645
UNDERTAKE AN ARREST UNTIL THE EMPLOYEE HAS SUCCESSFULLY COMPLETED 3,646
TRAINING COURSES REGARDING THE MAKING OF ARRESTS BY EMPLOYEES OF 3,647
89
THAT NATURE THAT ARE DEVELOPED IN COOPERATION WITH AND APPROVED 3,648
BY THE EXECUTIVE DIRECTOR OF THE OHIO PEACE OFFICER TRAINING 3,649
COMMISSION. THE COURSES SHALL INCLUDE, BUT SHALL NOT BE LIMITED 3,650
TO, TRAINING IN ARREST TACTICS, DEFENSIVE TACTICS, THE USE OF 3,651
FORCE, AND RESPONSE TACTICS. 3,652
(2) THE DIRECTOR OF YOUTH SERVICES SHALL DEVELOP, AND 3,655
SHALL SUBMIT TO THE GOVERNOR FOR THE GOVERNOR'S APPROVAL, A 3,656
DEADLY FORCE POLICY FOR THE DEPARTMENT. THE DEADLY FORCE POLICY 3,657
SHALL REQUIRE EACH EMPLOYEE WHO IS DESIGNATED UNDER DIVISION 3,659
(A)(2) OF THIS SECTION TO CARRY A FIREARM IN THE DISCHARGE OF 3,660
OFFICIAL DUTIES TO RECEIVE TRAINING IN THE USE OF DEADLY FORCE, 3,661
SHALL SPECIFY THE NUMBER OF HOURS AND THE GENERAL CONTENT OF THE 3,662
TRAINING IN THE USE OF DEADLY FORCE THAT EACH OF THE DESIGNATED 3,663
EMPLOYEES MUST RECEIVE, AND SHALL SPECIFY THE PROCEDURES THAT 3,664
MUST BE FOLLOWED AFTER THE USE OF DEADLY FORCE BY ANY OF THE 3,665
DESIGNATED EMPLOYEES. UPON RECEIPT OF THE POLICY DEVELOPED BY 3,666
THE DIRECTOR UNDER THIS DIVISION, THE GOVERNOR, IN WRITING, 3,667
PROMPTLY SHALL APPROVE OR DISAPPROVE THE POLICY. IF THE 3,668
GOVERNOR, IN WRITING, DISAPPROVES THE POLICY, THE DIRECTOR SHALL 3,669
DEVELOP AND RESUBMIT A NEW POLICY UNDER THIS DIVISION, AND NO 3,670
EMPLOYEE SHALL BE TRAINED UNDER THE DISAPPROVED POLICY. IF THE 3,671
GOVERNOR, IN WRITING, APPROVES THE POLICY, THE DIRECTOR SHALL 3,672
ADOPT IT AS A DEPARTMENT POLICY AND SHALL DISTRIBUTE IT TO EACH 3,673
EMPLOYEE DESIGNATED UNDER (A)(2) OF THIS SECTION TO CARRY A 3,675
FIREARM IN THE DISCHARGE OF OFFICIAL DUTIES. AN EMPLOYEE
DESIGNATED BY THE DIRECTOR PURSUANT TO DIVISION (A)(2) OF THIS 3,677
SECTION TO CARRY A FIREARM IN THE DISCHARGE OF OFFICIAL DUTIES 3,678
SHALL NOT CARRY A FIREARM UNTIL THE EMPLOYEE HAS SUCCESSFULLY
COMPLETED BOTH OF THE FOLLOWING: 3,679
(a) TRAINING IN THE USE OF DEADLY FORCE THAT COMPORTS WITH 3,682
THE POLICY APPROVED BY THE GOVERNOR AND DEVELOPED AND ADOPTED BY 3,683
THE DIRECTOR UNDER DIVISION (B)(2) OF THIS SECTION. THE TRAINING 3,685
REQUIRED BY THIS DIVISION SHALL BE CONDUCTED AT A TRAINING SCHOOL 3,686
APPROVED BY THE OHIO PEACE OFFICER TRAINING COMMISSION AND SHALL 3,688
90
BE IN ADDITION TO THE TRAINING DESCRIBED IN DIVISIONS (B)(1) AND 3,689
(2)(b) OF THIS SECTION THAT THE EMPLOYEE MUST COMPLETE PRIOR TO 3,691
UNDERTAKING AN ARREST AND SEPARATE FROM AND INDEPENDENT OF THE 3,692
TRAINING REQUIRED BY DIVISION (B)(2)(b) OF THIS SECTION. 3,694
(b) A BASIC FIREARM TRAINING PROGRAM THAT IS CONDUCTED AT 3,697
A TRAINING SCHOOL APPROVED BY THE OHIO PEACE OFFICER TRAINING 3,698
COMMISSION AND THAT IS SUBSTANTIALLY SIMILAR TO THE BASIC FIREARM 3,699
TRAINING PROGRAM FOR PEACE OFFICERS CONDUCTED AT THE OHIO PEACE 3,701
OFFICER TRAINING ACADEMY AND HAS RECEIVED A CERTIFICATE OF 3,702
SATISFACTORY COMPLETION OF THAT PROGRAM FROM THE EXECUTIVE 3,703
DIRECTOR OF THE OHIO PEACE OFFICER TRAINING COMMISSION. THE 3,705
TRAINING DESCRIBED IN THIS DIVISION THAT AN EMPLOYEE MUST 3,706
COMPLETE PRIOR TO CARRYING A FIREARM SHALL BE IN ADDITION TO THE 3,707
TRAINING DESCRIBED IN DIVISION (B)(1) OF THIS SECTION THAT THE 3,708
EMPLOYEE MUST COMPLETE PRIOR TO UNDERTAKING AN ARREST. 3,709
(C) AFTER RECEIPT OF A CERTIFICATE OF SATISFACTORY 3,712
COMPLETION OF A BASIC FIREARM TRAINING PROGRAM, TO MAINTAIN THE 3,713
RIGHT TO CARRY A FIREARM IN THE DISCHARGE OF OFFICIAL DUTIES, AN 3,714
EMPLOYEE AUTHORIZED UNDER THIS SECTION TO CARRY A FIREARM SHALL 3,715
SUCCESSFULLY COMPLETE A FIREARMS REQUALIFICATION PROGRAM IN 3,716
ACCORDANCE WITH SECTION 109.801 OF THE REVISED CODE.
(D) EACH EMPLOYEE AUTHORIZED TO CARRY A FIREARM SHALL GIVE 3,719
BOND TO THE STATE TO BE APPROVED BY THE CLERK OF THE COURT OF 3,720
COMMON PLEAS IN THE COUNTY OF THAT EMPLOYEE'S RESIDENCE. THE 3,721
BOND SHALL BE IN THE SUM OF ONE THOUSAND DOLLARS, CONDITIONED TO 3,722
SAVE THE PUBLIC HARMLESS BY REASON OF THE UNLAWFUL USE OF A 3,723
FIREARM. A PERSON INJURED OR THE FAMILY OF A PERSON KILLED BY 3,724
THE EMPLOYEE'S IMPROPER USE OF A FIREARM MAY HAVE RECOURSE ON THE 3,725
BOND.
(E) IN ADDITION TO THE DEADLY FORCE POLICY ADOPTED UNDER 3,727
DIVISION (B)(2) OF THIS SECTION, THE DIRECTOR OF YOUTH SERVICES 3,729
SHALL ESTABLISH POLICIES FOR THE CARRYING AND USE OF FIREARMS BY 3,730
THE EMPLOYEES THAT THE DIRECTOR DESIGNATES UNDER THIS SECTION. 3,731
Sec. 5139.54. (A) NOTWITHSTANDING ANY OTHER PROVISION FOR 3,733
91
DETERMINING WHEN A CHILD SHALL BE RELEASED OR DISCHARGED FROM THE 3,735
LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES, INCLUDING 3,736
JURISDICTIONAL PROVISIONS IN SECTION 2151.38 OF THE REVISED CODE, 3,737
THE RELEASE AUTHORITY, FOR MEDICAL REASONS, MAY RELEASE A CHILD 3,738
UPON SUPERVISED RELEASE OR DISCHARGE THE CHILD FROM THE CUSTODY 3,739
OF THE DEPARTMENT WHEN ANY OF THE FOLLOWING APPLIES: 3,740
(1) THE CHILD IS TERMINALLY ILL OR OTHERWISE IN IMMINENT 3,743
DANGER OF DEATH.
(2) THE CHILD IS INCAPACITATED DUE TO INJURY, DISEASE, 3,745
ILLNESS, OR OTHER MEDICAL CONDITION AND IS NO LONGER A THREAT TO 3,746
PUBLIC SAFETY. 3,747
(3) THE CHILD APPEARS TO BE A MENTALLY ILL PERSON SUBJECT 3,750
TO HOSPITALIZATION BY COURT ORDER, AS DEFINED IN SECTION 5122.01
OF THE REVISED CODE, OR A MENTALLY RETARDED PERSON SUBJECT TO 3,753
INSTITUTIONALIZATION BY COURT ORDER, AS DEFINED IN SECTION
5123.01 OF THE REVISED CODE. 3,754
(B) WHEN CONSIDERING WHETHER TO RELEASE OR DISCHARGE A 3,757
CHILD UNDER THIS SECTION FOR MEDICAL REASONS, THE RELEASE 3,759
AUTHORITY MAY REQUEST ADDITIONAL MEDICAL INFORMATION ABOUT THE 3,760
CHILD OR MAY ASK THE DEPARTMENT TO CONDUCT ADDITIONAL MEDICAL 3,761
EXAMINATIONS.
(C) THE RELEASE AUTHORITY SHALL DETERMINE THE APPROPRIATE 3,764
LEVEL OF SUPERVISED RELEASE FOR A CHILD RELEASED UNDER THIS 3,765
SECTION. THE TERMS AND CONDITIONS OF THE RELEASE MAY REQUIRE 3,766
PERIODIC MEDICAL REEVALUATIONS AS APPROPRIATE. UPON GRANTING A 3,768
RELEASE OR DISCHARGE UNDER THIS SECTION, THE RELEASE AUTHORITY
SHALL GIVE NOTICE OF THE RELEASE AND ITS TERMS AND CONDITIONS OR 3,769
OF THE DISCHARGE TO THE COURT THAT COMMITTED THE CHILD TO THE 3,770
CUSTODY OF THE DEPARTMENT. 3,771
(D) THE RELEASE AUTHORITY SHALL SUBMIT ANNUALLY TO THE 3,774
DIRECTOR OF YOUTH SERVICES A REPORT THAT INCLUDES ALL OF THE 3,775
FOLLOWING INFORMATION FOR THE PREVIOUS CALENDAR YEAR: 3,776
(1) THE NUMBER OF CHILDREN THE RELEASE AUTHORITY 3,778
CONSIDERED FOR MEDICAL RELEASE OR DISCHARGE; 3,779
92
(2) THE NATURE OF THE INJURY, DISEASE, ILLNESS, OR OTHER 3,781
MEDICAL CONDITION OF EACH CHILD CONSIDERED FOR MEDICAL RELEASE OR 3,782
DISCHARGE; 3,783
(3) THE DECISION MADE BY THE RELEASE AUTHORITY FOR EACH 3,785
CHILD, INCLUDING THE REASONS FOR DENYING MEDICAL RELEASE OR 3,786
DISCHARGE OR FOR GRANTING IT; 3,787
(4) THE NUMBER OF CHILDREN ON MEDICAL RELEASE WHO WERE 3,789
RETURNED TO A SECURE FACILITY OR WHOSE SUPERVISED RELEASE WAS 3,790
REVOKED. 3,791
Sec. 5139.55. (A)(1) THE OFFICE OF VICTIMS' SERVICES IS 3,794
HEREBY CREATED WITHIN THE RELEASE AUTHORITY OF THE DEPARTMENT OF 3,795
YOUTH SERVICES. THE OFFICE OF VICTIMS' SERVICES SHALL PROVIDE 3,796
ASSISTANCE TO VICTIMS, VICTIMS' REPRESENTATIVES, AND MEMBERS OF A 3,797
VICTIM'S FAMILY. THE ASSISTANCE SHALL INCLUDE, BUT SHALL NOT BE 3,798
LIMITED TO, ALL OF THE FOLLOWING: 3,799
(a) IF THE COURT HAS PROVIDED THE NAME AND ADDRESS OF THE 3,802
VICTIMS OF THE CHILD'S ACTS TO THE DEPARTMENT OF YOUTH SERVICES, 3,803
NOTIFICATION THAT THE CHILD HAS BEEN COMMITTED TO THE DEPARTMENT, 3,804
NOTIFICATION OF THE RIGHT OF THE VICTIM TO DESIGNATE A PERSON AS 3,805
VICTIM'S REPRESENTATIVE UNDER SECTION 5139.56 OF THE REVISED CODE 3,807
AND OF THE ACTIONS THAT MUST BE TAKEN TO MAKE THAT DESIGNATION, 3,808
AND NOTIFICATION OF THE RIGHT TO BE NOTIFIED OF RELEASE REVIEWS, 3,809
PENDING RELEASE HEARINGS, REVOCATION REVIEWS, AND DISCHARGE 3,810
REVIEWS RELATED TO THAT CHILD AND OF THE RIGHT TO PARTICIPATE IN 3,811
RELEASE PROCEEDINGS UNDER THAT SECTION AND OF THE ACTIONS THAT 3,812
MUST BE TAKEN TO EXERCISE THOSE RIGHTS; 3,813
(b) THE PROVISION OF INFORMATION ABOUT THE POLICIES AND 3,816
PROCEDURES OF THE DEPARTMENT OF YOUTH SERVICES AND THE STATUS OF
CHILDREN IN THE LEGAL CUSTODY OF THE DEPARTMENT. 3,817
(2) THE OFFICE SHALL MAKE AVAILABLE PUBLICATIONS TO ASSIST 3,820
VICTIMS IN CONTACTING STAFF OF THE DEPARTMENT ABOUT PROBLEMS WITH 3,821
CHILDREN ON SUPERVISED RELEASE OR IN A SECURE FACILITY. 3,822
(B) THE OFFICE OF VICTIMS' SERVICES SHALL EMPLOY A VICTIMS 3,825
COORDINATOR WHO SHALL ADMINISTER THE DUTIES OF THE OFFICE. THE 3,826
93
VICTIMS COORDINATOR SHALL BE IN THE UNCLASSIFIED CIVIL SERVICE 3,827
AND, AS A MANAGING OFFICER OF THE DEPARTMENT, SHALL REPORT 3,828
DIRECTLY TO THE CHAIRPERSON OF THE RELEASE AUTHORITY. THE OFFICE 3,829
SHALL EMPLOY OTHER STAFF MEMBERS TO ASSIST THE MEMBERS OF THE 3,830
RELEASE AUTHORITY AND HEARING REPRESENTATIVES IN IDENTIFYING 3,831
VICTIMS' ISSUES, ENSURE THAT THE RELEASE AUTHORITY UPHOLDS THE 3,832
PROVISIONS OF SECTION 5139.56 OF THE REVISED CODE, AND MAKE 3,833
RECOMMENDATIONS TO THE RELEASE AUTHORITY IN ACCORDANCE WITH 3,834
POLICIES ADOPTED BY THE DEPARTMENT. THE CHAIRPERSON OF THE 3,835
RELEASE AUTHORITY SHALL APPROVE THE HIRING OF THE EMPLOYEES OF 3,836
THE OFFICE.
(C) THE OFFICE OF VICTIMS' SERVICES SHALL COORDINATE ITS 3,839
ACTIVITIES WITH THE CHAIRPERSON OF THE RELEASE AUTHORITY. THE 3,840
VICTIMS COORDINATOR AND OTHER EMPLOYEES OF THE OFFICE SHALL HAVE 3,841
FULL ACCESS TO THE RECORDS OF CHILDREN IN THE LEGAL CUSTODY OF 3,842
THE DEPARTMENT IN ACCORDANCE WITH DIVISION (D) OF SECTION 5139.05 3,843
OF THE REVISED CODE.
Sec. 5139.56. (A) THE VICTIM OF AN ACT FOR WHICH A CHILD 3,845
HAS BEEN COMMITTED TO THE LEGAL CUSTODY OF THE DEPARTMENT OF 3,847
YOUTH SERVICES MAY SUBMIT A WRITTEN REQUEST TO THE RELEASE 3,848
AUTHORITY TO NOTIFY THE VICTIM OF ALL RELEASE REVIEWS, PENDING 3,849
RELEASE HEARINGS, SUPERVISED RELEASE REVOCATION HEARINGS, AND 3,850
DISCHARGE REVIEWS RELATING TO THE CHILD, OF THE PLACEMENT OF THE 3,852
CHILD ON SUPERVISED RELEASE, AND OF THE DISCHARGE OF THE CHILD. 3,854
IF THE VICTIM IS A MINOR, IS INCAPACITATED, INCOMPETENT, OR 3,856
CHOOSES TO BE REPRESENTED BY ANOTHER PERSON, THE VICTIM MAY 3,857
DESIGNATE IN WRITING A PERSON TO ACT ON THE VICTIM'S BEHALF AS A
VICTIM'S REPRESENTATIVE AND TO REQUEST AND RECEIVE THE NOTICES. 3,858
IF THE VICTIM IS DECEASED, THE EXECUTOR OR ADMINISTRATOR OF THE 3,860
VICTIM'S ESTATE OR, IF THERE IS NO EXECUTOR OR ADMINISTRATOR OF 3,861
THE VICTIM'S ESTATE, A MEMBER OF THE VICTIM'S FAMILY MAY 3,862
DESIGNATE IN WRITING A PERSON TO ACT ON THE VICTIM'S BEHALF AS A 3,863
VICTIM'S REPRESENTATIVE AND TO REQUEST AND RECEIVE THE NOTICES. 3,865
IF MORE THAN ONE PERSON SEEKS TO ACT AS THE REPRESENTATIVE OF THE 3,866
94
VICTIM, THE RELEASE AUTHORITY SHALL DESIGNATE ONE PERSON TO ACT 3,867
AS THE VICTIM'S REPRESENTATIVE. IF THE VICTIM CHOOSES NOT TO 3,868
HAVE A REPRESENTATIVE, THE VICTIM SHALL BE THE SOLE PERSON
ACCORDED RIGHTS UNDER THIS SECTION. THE RELEASE AUTHORITY MAY 3,869
GIVE NOTICE BY ANY MEANS REASONABLY CALCULATED TO PROVIDE PROMPT 3,870
ACTUAL NOTICE. 3,871
IF A VICTIM, AN EXECUTOR OR ADMINISTRATOR, OR A MEMBER OF A 3,874
VICTIM'S FAMILY DESIGNATES A PERSON IN WRITING PURSUANT TO THIS
DIVISION TO ACT ON THE VICTIM'S BEHALF AS A VICTIM'S 3,876
REPRESENTATIVE, THE VICTIM, EXECUTOR, ADMINISTRATOR, OR FAMILY 3,877
MEMBER, OR THE VICTIM'S REPRESENTATIVE, SHALL NOTIFY THE RELEASE 3,878
AUTHORITY THAT THE VICTIM'S REPRESENTATIVE IS TO ACT FOR THE 3,879
VICTIM. A VICTIM, EXECUTOR, ADMINISTRATOR, OR MEMBER OF A 3,880
VICTIM'S FAMILY WHO HAS DESIGNATED A PERSON IN WRITING PURSUANT 3,881
TO THIS DIVISION TO ACT ON THE VICTIM'S BEHALF AS A VICTIM'S 3,882
REPRESENTATIVE MAY REVOKE THE AUTHORITY OF THAT PERSON TO ACT AS 3,883
THE VICTIM'S REPRESENTATIVE. UPON THE REVOCATION, THE VICTIM, 3,884
EXECUTOR, ADMINISTRATOR, OR MEMBER OF THE VICTIM'S FAMILY SHALL 3,885
NOTIFY THE RELEASE AUTHORITY IN WRITING THAT THE AUTHORITY OF THE 3,887
PERSON TO SO ACT HAS BEEN REVOKED. AT ANY TIME AFTER THE 3,888
REVOCATION, THE VICTIM, EXECUTOR, ADMINISTRATOR, OR MEMBER OF THE 3,889
VICTIM'S FAMILY MAY DESIGNATE IN WRITING A DIFFERENT PERSON TO 3,890
ACT ON THE VICTIM'S BEHALF AS A VICTIM'S REPRESENTATIVE. 3,891
THE VICTIM OR VICTIM'S REPRESENTATIVE SHALL PROVIDE THE 3,893
RELEASE AUTHORITY AN ADDRESS OR TELEPHONE NUMBER AT WHICH NOTICE 3,894
MAY BE GIVEN AND SHALL NOTIFY THE RELEASE AUTHORITY IN WRITING OF 3,895
ANY CHANGES IN THAT INFORMATION. IF AT ANY TIME THE VICTIM OR 3,896
VICTIM'S REPRESENTATIVE ELECTS TO WAIVE NOTICE AND OTHER RIGHTS 3,897
AFFORDED BY THIS SECTION, THE VICTIM OR VICTIM'S REPRESENTATIVE 3,898
MAY DO SO IN A WRITTEN STATEMENT TO THE RELEASE AUTHORITY. 3,900
(B) IF A VICTIM OR VICTIM'S REPRESENTATIVE HAS REQUESTED 3,903
NOTICE OF RELEASE REVIEWS, PENDING RELEASE HEARINGS, SUPERVISED 3,905
RELEASE REVOCATION HEARINGS, AND DISCHARGE REVIEWS RELATED TO A 3,906
CHILD, OF THE PLACEMENT OF THE CHILD ON SUPERVISED RELEASE, AND 3,908
95
OF THE DISCHARGE OF THE CHILD, THE RELEASE AUTHORITY SHALL GIVE 3,909
THAT PERSON NOTICE OF A RELEASE REVIEW, RELEASE HEARING, OR 3,910
DISCHARGE REVIEW AT LEAST THIRTY DAYS PRIOR TO THE DATE OF THE 3,911
REVIEW OR HEARING. THE NOTICE SHALL SPECIFY THE DATE, TIME, AND 3,913
PLACE OF THE REVIEW OR HEARING, THE RIGHT OF THE VICTIM OR
VICTIM'S REPRESENTATIVE TO MAKE AN ORAL OR WRITTEN STATEMENT 3,914
ADDRESSING THE IMPACT OF THE OFFENSE OR DELINQUENT ACT UPON THE 3,916
VICTIM OR ORAL OR WRITTEN COMMENTS REGARDING THE POSSIBLE RELEASE 3,917
OR DISCHARGE, AND, IF THE NOTICE PERTAINS TO A HEARING, THE RIGHT 3,919
TO ATTEND, AND MAKE THE STATEMENTS OR COMMENTS AT THE HEARING. 3,920
UPON RECEIVING NOTICE THAT A RELEASE HEARING IS SCHEDULED, A 3,921
VICTIM OR VICTIM'S REPRESENTATIVE WHO INTENDS TO ATTEND THE
RELEASE HEARING, AT LEAST TWO DAYS PRIOR TO THE HEARING, SHALL 3,923
NOTIFY THE RELEASE AUTHORITY OF THE VICTIM'S OR REPRESENTATIVE'S 3,924
INTENTION TO BE PRESENT AT THE RELEASE HEARING SO THAT THE 3,925
RELEASE AUTHORITY MAY ENSURE APPROPRIATE ACCOMMODATIONS AND 3,926
SECURITY. IF THE CHILD IS PLACED ON SUPERVISED RELEASE OR IS 3,927
DISCHARGED, THE RELEASE AUTHORITY SHALL PROVIDE NOTICE OF THE 3,928
RELEASE OR DISCHARGE TO THE VICTIM OR VICTIM'S REPRESENTATIVE IN 3,929
ACCORDANCE WITH DIVISION (G) OF SECTION 5139.51 OF THE REVISED 3,931
CODE. IF THE CHILD IS ON SUPERVISED RELEASE, IF A COURT HAS 3,932
SCHEDULED A HEARING PURSUANT TO DIVISION (F) OF SECTION 5139.52 3,934
OF THE REVISED CODE TO CONSIDER THE REVOCATION OF THE SUPERVISED 3,935
RELEASE, AND IF THE RELEASE AUTHORITY HAS BEEN INFORMED OF THE 3,936
HEARING, THE RELEASE AUTHORITY PROMPTLY SHALL NOTIFY THE VICTIM 3,937
OR VICTIM'S REPRESENTATIVE OF THE DATE, TIME, AND PLACE OF THE 3,938
HEARING.
(C) IF A VICTIM OR VICTIM'S REPRESENTATIVE HAS REQUESTED 3,941
NOTICE OF RELEASE REVIEWS, PENDING RELEASE HEARINGS, SUPERVISED 3,942
RELEASE REVOCATION HEARINGS, AND DISCHARGE REVIEWS RELATED TO A 3,943
CHILD, OF THE PLACEMENT OF THE CHILD ON SUPERVISED RELEASE, AND 3,945
OF THE DISCHARGE OF THE CHILD, AND IF A RELEASE REVIEW, RELEASE 3,946
HEARING, OR DISCHARGE REVIEW IS SCHEDULED OR PENDING, THE RELEASE 3,948
AUTHORITY SHALL GIVE THAT PERSON AN OPPORTUNITY TO PROVIDE A 3,950
96
WRITTEN STATEMENT OR COMMUNICATE ORALLY WITH A REPRESENTATIVE OF 3,951
THE RELEASE AUTHORITY REGARDING THE POSSIBLE RELEASE OR DISCHARGE 3,952
OR TO MAKE ORAL OR WRITTEN COMMENTS REGARDING THE POSSIBLE 3,953
RELEASE OR DISCHARGE TO A REPRESENTATIVE OF THE RELEASE 3,954
AUTHORITY, REGARDLESS OF WHETHER THE VICTIM OR VICTIM'S 3,955
REPRESENTATIVE IS PRESENT AT A HEARING ON THE MATTER. IF A 3,956
VICTIM OR VICTIM'S REPRESENTATIVE IS PRESENT AT A RELEASE 3,957
HEARING, THE AUTHORITY SHALL GIVE THAT PERSON AN OPPORTUNITY TO 3,958
MAKE THE ORAL OR WRITTEN STATEMENT OR COMMENTS AT THE HEARING. 3,959
THE ORAL OR WRITTEN STATEMENT AND COMMENTS MAY ADDRESS THE IMPACT 3,960
OF THE OFFENSE OR DELINQUENT ACT UPON THE VICTIM, INCLUDING THE 3,961
NATURE AND EXTENT OF ANY HARM SUFFERED, THE EXTENT OF ANY 3,962
PROPERTY DAMAGE OR ECONOMIC LOSS, ANY RESTITUTION ORDERED BY THE 3,963
COMMITTING COURT AND THE PROGRESS THE CHILD HAS MADE TOWARD 3,964
FULFILLMENT OF THAT OBLIGATION, AND THE VICTIM'S RECOMMENDATION 3,965
FOR THE OUTCOME OF THE RELEASE HEARING. A WRITTEN STATEMENT OR 3,966
WRITTEN COMMENTS SUBMITTED BY A VICTIM OR A VICTIM'S 3,967
REPRESENTATIVE UNDER THIS SECTION ARE CONFIDENTIAL, ARE NOT A 3,968
PUBLIC RECORD, AND SHALL BE RETURNED TO THE RELEASE AUTHORITY AT 3,971
THE END OF A RELEASE HEARING BY ANY PERSON WHO RECEIVES A COPY OF 3,972
THEM.
AT A RELEASE HEARING BEFORE THE RELEASE AUTHORITY, A VICTIM 3,974
OR VICTIM'S REPRESENTATIVE MAY BE ACCOMPANIED BY ANOTHER PERSON 3,975
FOR SUPPORT, BUT THAT PERSON SHALL NOT ACT AS A VICTIM'S 3,976
REPRESENTATIVE. THE RELEASE AUTHORITY AND OTHER EMPLOYEES OF THE 3,978
DEPARTMENT OF YOUTH SERVICES SHALL MAKE REASONABLE EFFORTS TO 3,979
MINIMIZE CONTACT BETWEEN THE CHILD AND THE VICTIM, VICTIM'S
REPRESENTATIVE, OR SUPPORT PERSON BEFORE, DURING, AND AFTER THE 3,980
HEARING. THE RELEASE AUTHORITY SHALL USE A SEPARATE WAITING AREA 3,982
FOR THE VICTIM, VICTIM'S REPRESENTATIVE, AND SUPPORT PERSON IF A 3,983
SEPARATE AREA IS AVAILABLE.
(D) AT NO TIME SHALL A VICTIM OR VICTIM'S REPRESENTATIVE 3,986
BE COMPELLED TO DISCLOSE THE VICTIM'S ADDRESS, PLACE OF 3,987
EMPLOYMENT, OR SIMILAR IDENTIFYING INFORMATION TO THE CHILD OR 3,988
97
THE CHILD'S PARENT OR LEGAL GUARDIAN. UPON REQUEST OF A VICTIM 3,989
OR A VICTIM'S REPRESENTATIVE, THE RELEASE AUTHORITY SHALL KEEP IN 3,990
ITS FILES ONLY THE ADDRESS OR TELEPHONE NUMBER TO WHICH IT SHALL 3,991
SEND NOTICE OF A RELEASE REVIEW, PENDING RELEASE HEARING,
SUPERVISED RELEASE REVOCATION HEARING, DISCHARGE REVIEW, GRANT OF 3,992
SUPERVISED RELEASE, OR DISCHARGE. 3,993
(E) NO EMPLOYER SHALL DISCHARGE, DISCIPLINE, OR OTHERWISE 3,996
RETALIATE AGAINST A VICTIM OR VICTIM'S REPRESENTATIVE FOR 3,997
PARTICIPATING IN A HEARING BEFORE THE RELEASE AUTHORITY. THIS 3,998
DIVISION GENERALLY DOES NOT REQUIRE AN EMPLOYER TO COMPENSATE AN 3,999
EMPLOYEE FOR TIME LOST AS A RESULT OF ATTENDANCE AT A HEARING 4,000
BEFORE THE RELEASE AUTHORITY.
(F) THE RELEASE AUTHORITY SHALL MAKE REASONABLE, GOOD 4,003
FAITH EFFORTS TO COMPLY WITH THE PROVISIONS OF THIS SECTION. 4,004
FAILURE OF THE RELEASE AUTHORITY TO COMPLY WITH THIS SECTION DOES 4,005
NOT GIVE RISE TO A CLAIM FOR DAMAGES AGAINST THE RELEASE 4,006
AUTHORITY AND DOES NOT REQUIRE MODIFICATION OF A FINAL DECISION 4,007
BY THE RELEASE AUTHORITY. 4,008
(G) IF A VICTIM IS IN THE LEGAL CUSTODY OF THE DEPARTMENT 4,011
OF YOUTH SERVICES AND RESIDES IN A SECURE FACILITY OR IN ANOTHER 4,012
SECURE RESIDENTIAL PROGRAM, INCLUDING A COMMUNITY CORRECTIONS 4,013
FACILITY, OR IS INCARCERATED, THE RELEASE AUTHORITY MAY MODIFY 4,014
THE VICTIM'S RIGHTS UNDER THIS SECTION TO PREVENT A SECURITY 4,015
RISK, HARDSHIP, OR UNDUE BURDEN UPON A PUBLIC OFFICIAL OR AGENCY 4,016
WITH A DUTY UNDER THIS SECTION. IF THE VICTIM RESIDES IN ANOTHER 4,017
STATE UNDER SIMILAR CIRCUMSTANCES, THE RELEASE AUTHORITY MAY MAKE 4,018
SIMILAR MODIFICATIONS OF THE VICTIM'S RIGHTS. 4,019
Section 2. That existing sections 109.801, 181.26, 4,021
2151.312, 2151.355, 2151.38, 5139.01, 5139.04, 5139.05, 5139.06, 4,023
5139.07, 5139.08, 5139.18, 5139.20, 5139.35, 5139.38, and 5139.43 4,024
of the Revised Code are hereby repealed. 4,025
Section 3. Sections 1 and 2 of this act, except for 4,027
section 181.26 of the Revised Code, as amended by this act, and 4,028
except for section 5139.50 of the Revised Code, as enacted by 4,029
98
this act, shall take effect July 1, 1998. Section 181.26, as 4,030
amended by this act, shall take effect on the earliest date 4,031
permitted by law. Section 5139.50 of the Revised Code, as
enacted by this act, shall take effect January 1, 1998. 4,032
Section 4. Section 2151.312 of the Revised Code is 4,034
presented in this act as a composite of the section as amended by 4,035
both Sub. H.B. 265 and Am. Sub. H.B. 124 of the 121st General 4,036
Assembly, with the new language of neither of the acts shown in 4,038
capital letters. Section 5139.20 of the Revised Code is 4,039
presented in this act as a composite of the section as amended by 4,040
both Am. Sub. S.B. 2 and Am. Sub. H.B. 1 of the 121st General 4,041
Assembly, with the new language of neither of the acts shown in 4,043
capital letters. This is in recognition of the principle stated 4,044
in division (B) of section 1.52 of the Revised Code that such 4,045
amendments are to be harmonized where not substantively 4,046
irreconcilable and constitutes a legislative finding that such is 4,047
the resulting version in effect prior to the effective date of 4,048
this act.