As Passed by the Senate 1
122nd General Assembly 4
Regular Session Am. Sub. H. B. No. 1 5
1997-1998 6
REPRESENTATIVES WILLIAMS-TAYLOR-MYERS-CALLENDER-BATCHELDER- 8
MASON-GARCIA-HOUSEHOLDER-KASPUTIS-WISE-GRENDELL-CAREY- 9
HARRIS-TIBERI-AMSTUTZ-CATES-WINKLER-DAMSCHRODER-PRINGLE- 10
BOYD-TERWILLEGER-BOGGS-O'BRIEN-LUCAS-JONES-HAINES- 11
OLMAN-CORE-PADGETT-THOMAS-BUCHY-CORBIN-KREBS-VESPER- 12
ROMAN-SALERNO-JOHNSON-REID-SENATORS BLESSING-HOWARD- 13
DRAKE-B. JOHNSON-WATTS-KEARNS-GARDNER-DIX-NEIN 14
15
A B I L L
To amend sections 109.801, 181.26, 2151.312, 17
2151.355, 2151.38, 5139.01, 5139.04, 5139.05, 19
5139.06, 5139.07, 5139.08, 5139.18, 5139.20,
5139.35, 5139.38, and 5139.43 and to enact 21
sections 5139.50 to 5139.56 of the Revised Code 22
to create a Release Authority in the Department 23
of Youth Services to grant releases to certain 24
children committed to the Department, to 25
establish a procedure for the judicial release of 26
certain children in the Department's custody, to 27
establish an Office of Victims' Services in the 28
Release Authority, and to extend, from September 29
1, 1997, until September 1, 1998, the date by 30
which the State Criminal Sentencing Commission
must submit to the General Assembly a report 31
containing certain recommendations related to
juvenile justice and changes in juvenile justice 32
law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 34
Section 1. That sections 109.801, 181.26, 2151.312, 36
2
2151.355, 2151.38, 5139.01, 5139.04, 5139.05, 5139.06, 5139.07, 38
5139.08, 5139.18, 5139.20, 5139.35, 5139.38, and 5139.43 be 39
amended and sections 5139.50, 5139.51, 5139.52, 5139.53, 5139.54, 40
5139.55, and 5139.56 of the Revised Code be enacted to read as 41
follows:
Sec. 109.801. (A)(1) Each year the following persons 50
shall successfully complete a firearms requalification program 51
approved by the executive director of the Ohio peace officer 52
training commission in accordance with rules adopted by the 54
attorney general pursuant to section 109.743 of the Revised Code: 55
any sheriff, deputy sheriff, marshal, deputy marshal, township 56
constable, chief of police or member of an organized police 57
department of a municipal corporation or township, chief of 58
police or member of a township police district police force, 59
superintendent of the state highway patrol, state highway patrol 60
trooper, OR chief of police of a university or college police 61
department or state university law enforcement officer appointed 62
under section 3345.04 of the Revised Code,; ANY parole or 63
probation officer who carries a firearm in the course of official 65
duties, or; ANY employee of the department of natural resources 67
who is a park officer, forest officer, preserve officer, wildlife 68
officer, or state watercraft officer who carries a firearm in the 69
course of official duties; OR ANY EMPLOYEE OF THE DEPARTMENT OF 70
YOUTH SERVICES WHO IS DESIGNATED PURSUANT TO DIVISION (A)(2) OF 71
SECTION 5139.53 OF THE REVISED CODE AS BEING AUTHORIZED TO CARRY 72
A FIREARM WHILE ON DUTY AS DESCRIBED IN THAT DIVISION. 73
(2) No person listed in division (A)(1) of this section 75
shall carry a firearm during the course of official duties if the 77
person does not comply with division (A)(1) of this section. 78
(B) The hours that a sheriff spends attending a firearms 80
requalification program required by division (A) of this section 81
are in addition to the sixteen hours of continuing education that 82
are required by division (E) of section 311.01 of the Revised 83
Code. 84
3
(C) As used in this section, "firearm" has the same 86
meaning as in section 2923.11 of the Revised Code. 87
Sec. 181.26. (A) In addition to its duties set forth in 96
sections 181.23 to 181.25 of the Revised Code, the state criminal 97
sentencing commission shall do all of the following: 98
(1) Review all statutes governing delinquent child, unruly 100
child, and juvenile traffic offender dispositions in this state; 101
(2) Review state and local resources, including facilities 103
and programs, used for delinquent child, unruly child, and 104
juvenile traffic offender dispositions and profile the 105
populations of youthful offenders in the facilities and programs; 106
(3) Report to the general assembly no later than September 108
1, 1997 1998, a comprehensive plan containing recommendations 109
based on the reviews required under divisions (A)(1) and (2) of 111
this section. The recommendations shall do all of the following: 112
(a) Assist in the managing of the number of persons in, 114
and costs of, the facilities, the programs, and other resources 115
used in delinquent child, unruly child, and juvenile traffic 117
offender dispositions;
(b) Foster rehabilitation, public safety, sanctions, 119
accountability, and other reasonable goals; 120
(c) Provide greater certainty, proportionality, 122
uniformity, fairness, and simplicity in delinquent child, unruly 123
child, and juvenile traffic offender dispositions while retaining 124
reasonable judicial discretion;
(d) Provide for the restoration of victims of juvenile 126
offenses.
(B) The commission shall project the impact of the 128
comprehensive plan recommended by the commission under this 129
section on state and local resources used in delinquent child, 130
unruly child, and juvenile traffic offender dispositions. The 131
commission shall determine whether any additional facilities, 132
programs, or other resources are needed to implement the
comprehensive plan. 133
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(C) If the general assembly enacts all or a substantial 135
part of the comprehensive plan recommended by the commission 136
under this section, the commission shall do all of the following: 137
(1) Assist in the implementation of the enacted plan; 139
(2) Monitor the operation of the plan, periodically report 141
to the general assembly on the plan's operation and the plan's 142
impact on resources used in delinquent child, unruly child, and 143
juvenile traffic offender dispositions, and periodically 144
recommend changes in the plan to the general assembly based on 145
this monitoring;
(3) Review all bills that are introduced in the general 147
assembly that relate to delinquent child, unruly child, and 148
juvenile traffic offender dispositions and assist the general 149
assembly in making legislation consistent with the plan. 150
Sec. 2151.312. (A) Except as provided in divisions (B) 160
and (F) of this section, a child alleged to be or adjudicated a 161
delinquent child, an unruly child, or a juvenile traffic offender 162
may be held only in the following places: 163
(1) A certified family foster home or a home approved by 165
the court; 166
(2) A facility operated by a certified child welfare 168
agency; 169
(3) Any other suitable place designated by the court. 171
(B) In addition to the places listed in division (A) of 173
this section, a child alleged to be or adjudicated a delinquent 174
child may be held in a detention home or center for delinquent 175
children that is under the direction or supervision of the court 176
or other public authority or of a private agency and approved by 177
the court.
(C)(1) Except as provided under division (C)(1) of section 179
2151.311 of the Revised Code or division (A)(6) of section 180
2151.356 of the Revised Code, a child alleged to be or 182
adjudicated a neglected child, an abused child, a dependent
child, an unruly child, or a juvenile traffic offender may not be 183
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held in any of the following facilities: 184
(a) A state correctional institution, county, multicounty, 187
or municipal jail or workhouse, or other place in which an adult 188
convicted of crime, under arrest, or charged with a crime is 189
held.
(b) A secure correctional facility. 191
(2) Except as provided under sections 2151.56 to 2151.61 193
and division (A)(6) of section 2151.356 of the Revised Code and 194
division (C)(3) of this section, a child alleged to be or 195
adjudicated an unruly child or a juvenile traffic offender may 196
not be held for more than twenty-four hours in a detention home. 197
A child alleged to be or adjudicated a neglected child, an abused 198
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 200
unruly child and who is taken into custody on a Saturday, Sunday, 202
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 203
that is not a Saturday, Sunday, or legal holiday. 204
(D) Except as provided in division (C)(F) of this section 206
or in division (C) of section 2151.311, in division (C)(3)(2) of 207
section 5139.06 and section 5120.162, or in division (B) of 209
section 5120.16 of the Revised Code, a child who is alleged to be 210
or is adjudicated a delinquent child may not be held in a state 211
correctional institution, county, multicounty, or municipal jail 212
or workhouse, or other place where an adult convicted of crime, 213
under arrest, or charged with crime is held. 214
(E) Unless the detention is pursuant to division (C)(F) of 216
this section or division (C) of section 2151.311, division 218
(C)(3)(2) of section 5139.06 and section 5120.162, or division 220
(B) of section 5120.16 of the Revised Code, the official in 221
charge of the institution, jail, workhouse, or other facility 222
shall inform the court immediately when a child, who is or 223
appears to be under the age of eighteen years, is received at the 224
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facility, and shall deliver the child to the court upon request 225
or transfer the child to a detention facility designated by the 226
court.
(F) If a case is transferred to another court for criminal 228
prosecution pursuant to section 2151.26 of the Revised Code, the 229
child may be transferred for detention pending the criminal 230
prosecution in a jail or other facility in accordance with the 231
law governing the detention of persons charged with crime. Any 232
child so held shall be confined in a manner that keeps the child 233
beyond the range of touch of all adult detainees. The child 234
shall be supervised at all times during the detention. 235
Sec. 2151.355. (A) If a child is adjudicated a delinquent 244
child, the court may make any of the following orders of 245
disposition:
(1) Any order that is authorized by section 2151.353 of 247
the Revised Code; 248
(2) Place the child on probation under any conditions that 250
the court prescribes. If the child is adjudicated a delinquent 251
child for violating section 2909.05, 2909.06, or 2909.07 of the 253
Revised Code and if restitution is appropriate under the
circumstances of the case, the court shall require the child to 254
make restitution for the property damage caused by the child's 255
violation as a condition of the child's probation. If the child 257
is adjudicated a delinquent child because the child violated any 258
other section of the Revised Code, the court may require the 259
child as a condition of the child's probation to make restitution 260
for the property damage caused by the child's violation and for 261
the value of the property that was the subject of the violation 262
the child committed if it would be a theft offense, as defined in 263
division (K) of section 2913.01 of the Revised Code, if committed 264
by an adult. The restitution may be in the form of a cash 265
reimbursement paid in a lump sum or in installments, the 266
performance of repair work to restore any damaged property to its 267
original condition, the performance of a reasonable amount of 268
7
labor for the victim approximately equal to the value of the 269
property damage caused by the child's violation or to the value 270
of the property that is the subject of the violation if it would 271
be a theft offense if committed by an adult, the performance of 272
community service or community work, any other form of 273
restitution devised by the court, or any combination of the 274
previously described forms of restitution.
If the child is adjudicated a delinquent child for 276
violating a law of this state or the United States, or an 277
ordinance or regulation of a political subdivision of this state, 278
that would be a crime if committed by an adult or for violating 280
division (A) of section 2923.211 of the Revised Code, the court,
in addition to all other required or permissive conditions of 282
probation that the court imposes upon the delinquent child 284
pursuant to division (A)(2) of this section, shall require the 285
child as a condition of the child's probation to abide by the law 286
during the period of probation, including, but not limited to, 287
complying with the provisions of Chapter 2923. of the Revised 288
Code relating to the possession, sale, furnishing, transfer, 289
disposition, purchase, acquisition, carrying, conveying, or use 290
of, or other conduct involving a firearm or dangerous ordnance, 291
as defined in section 2923.11 of the Revised Code. 292
(3) Commit the child to the temporary custody of any 294
school, camp, institution, or other facility operated for the 295
care of delinquent children by the county, by a district 297
organized under section 2151.34 or 2151.65 of the Revised Code, 298
or by a private agency or organization, within or without the 299
state, that is authorized and qualified to provide the care, 300
treatment, or placement required;
(4) If the child is adjudicated a delinquent child for 302
committing an act that would be a felony of the third, fourth, or 303
fifth degree if committed by an adult or for violating division 305
(A) of section 2923.211 of the Revised Code, commit the child to 306
the legal custody of the department of youth services for 307
8
institutionalization for an indefinite term consisting of a 308
minimum period of six months and a maximum period not to exceed 309
the child's attainment of twenty-one years of age; 310
(5)(a) If the child is adjudicated a delinquent child for 312
violating section 2903.03, 2905.01, 2909.02, or 2911.01 or 313
division (A) of section 2903.04 of the Revised Code or for 314
violating any provision of section 2907.02 of the Revised Code 315
other than division (A)(1)(b) of that section when the sexual 317
conduct or insertion involved was consensual and when the victim
of the violation of division (A)(1)(b) of that section was older 319
than the delinquent child, was the same age as the delinquent 320
child, or was less than three years younger than the delinquent 321
child, commit the child to the legal custody of the department of 322
youth services for institutionalization in a secure facility for 323
an indefinite term consisting of a minimum period of one to three 324
years, as prescribed by the court, and a maximum period not to 325
exceed the child's attainment of twenty-one years of age; 326
(b) If the child is adjudicated a delinquent child for 329
violating section 2923.02 of the Revised Code and if the 330
violation involves an attempt to commit a violation of section
2903.01 or 2903.02 of the Revised Code, commit the child to the 332
legal custody of the department of youth services for
institutionalization in a secure facility for an indefinite term 333
consisting of a minimum period of six to seven years, as 334
prescribed by the court, and a maximum period not to exceed the 335
child's attainment of twenty-one years of age;
(c) If the child is adjudicated a delinquent child for 337
committing an act that is not described in division (A)(5)(a) or 338
(b) of this section and that would be a felony of the first or 339
second degree if committed by an adult, commit the child to the 340
legal custody of the department of youth services for 341
institutionalization in a secure facility for an indefinite term 342
consisting of a minimum period of one year and a maximum period 343
not to exceed the child's attainment of twenty-one years of age;. 344
9
(6) If the child is adjudicated a delinquent child for 346
committing a violation of section 2903.01 or 2903.02 of the 347
Revised Code, commit the child to the legal custody of the 349
department of youth services for institutionalization in a secure 350
facility until the child's attainment of twenty-one years of age; 351
(7)(a) If the child is adjudicated a delinquent child for 354
committing an act, other than a violation of section 2923.12 of 355
the Revised Code, that would be a felony if committed by an adult 356
and is committed to the legal custody of the department of youth 357
services pursuant to division (A)(4), (5), or (6) of this section 358
and if the court determines that the child, if the child was an 359
adult, would be guilty of a specification of the type set forth 360
in section 2941.141, 2941.144, 2941.145, or 2941.146 of the 361
Revised Code in relation to the act for which the child was 362
adjudicated a delinquent child, commit the child to the legal 363
custody of the department of youth services for
institutionalization in a secure facility for the following 364
period of time, subject to division (A)(7)(b) of this section: 365
(i) If the child would be guilty of a specification of the 367
type set forth in section 2941.141 of the Revised Code, a period 368
of one year; 369
(ii) If the child would be guilty of a specification of 371
the type set forth in section 2941.144, 2941.145, or 2941.146 of 372
the Revised Code, a period of three years. 373
(b) The court shall not commit a child to the legal 376
custody of the department of youth services pursuant to division 377
(A)(7)(a) of this section for a period of time that exceeds three 378
years. The period of commitment imposed pursuant to division 379
(A)(7)(a) of this section shall be in addition to, and shall be 380
served consecutively with and prior to, a period of commitment 381
ordered pursuant to division (A)(4), (5), or (6) of this section, 382
provided that the total of all the periods of commitment shall 383
not exceed the child's attainment of twenty-one years of age. 384
(8)(a) Impose a fine and costs in accordance with the 387
10
schedule set forth in section 2151.3512 of the Revised Code;
(b) Require the child to make restitution for all or part 389
of the property damage caused by the child's delinquent act and 390
for all or part of the value of the property that was the subject 391
of any delinquent act the child committed that would be a theft 392
offense, as defined in division (K) of section 2913.01 of the 393
Revised Code, if committed by an adult. If the court determines 394
that the victim of the child's delinquent act was sixty-five 395
years of age or older or permanently and totally disabled at the 396
time of the commission of the act, the court, regardless of 397
whether or not the child knew the age of the victim, shall 398
consider that fact in favor of imposing restitution, but that 399
fact shall not control the decision of the court. The 400
restitution may be in the form of a cash reimbursement paid in a 401
lump sum or in installments, the performance of repair work to 402
restore any damaged property to its original condition, the 403
performance of a reasonable amount of labor for the victim, the 404
performance of community service or community work, any other 405
form of restitution devised by the court, or any combination of 406
the previously described forms of restitution. 407
(9) Subject to division (D) of this section, suspend or 410
revoke the driver's license or temporary instruction permit 411
issued to the child or suspend or revoke the registration of all 412
motor vehicles registered in the name of the child; 413
(10) If the child is adjudicated a delinquent child for 415
committing an act that, if committed by an adult, would be a 417
criminal offense that would qualify the adult as an eligible
offender pursuant to division (A)(3) of section 2929.23 of the 418
Revised Code, impose a period of electronically monitored house 419
detention in accordance with division (I) of this section that 421
does not exceed the maximum sentence of imprisonment that could 422
be imposed upon an adult who commits the same act; 423
(11) Commit the child to the temporary or permanent 425
custody of the court;
11
(12) Make any further disposition that the court finds 427
proper, except that the child shall not be placed in any state 428
correctional institution, county, multicounty, or municipal jail 429
or workhouse, or any other place in which an adult convicted of a 430
crime, under arrest, or charged with a crime is held. 431
(B)(1) If a child is adjudicated a delinquent child for 434
violating section 2923.32 of the Revised Code, the court, in 435
addition to any order of disposition it makes for the child under 436
division (A) of this section, shall enter an order of criminal 437
forfeiture against the child, in accordance with divisions 438
(B)(3), (4), (5), and (6) and (C) to (F) of section 2923.32 of 439
the Revised Code.
(2) If a child is adjudicated a delinquent child for 442
committing two or more acts that would be felonies if committed
by an adult and if the court entering the delinquent child 443
adjudication orders the commitment of the child, for two or more 444
of those acts, to the legal custody of the department of youth 445
services for institutionalization or institutionalization in a 446
secure facility pursuant to division (A)(4), (5), or (6) of this 447
section, the court may order that all of the periods of 448
commitment imposed under those divisions for those acts be served 450
consecutively in the legal custody of the department of youth 451
services and, if applicable, be in addition to and commence 452
immediately following the expiration of a period of commitment 453
that the court imposes pursuant to division (A)(7) of this 454
section. A court shall not commit a delinquent child to the 455
legal custody of the department of youth services under division 456
(B)(2) of this section for a period that exceeds the child's 457
attainment of twenty-one years of age.
(C) If a child is adjudicated a delinquent child for 459
committing an act that, if committed by an adult, would be a drug 461
abuse offense, as defined in section 2925.01 of the Revised Code, 462
or for violating division (B) of section 2917.11 of the Revised 463
Code, in addition to imposing in its discretion any other order 464
12
of disposition authorized by this section, the court shall do 465
both of the following:
(1) Require the child to participate in a drug abuse or 467
alcohol abuse counseling program; 468
(2) Suspend or revoke the temporary instruction permit or 470
probationary operator's license issued to the child until the 471
child attains eighteen years of age or attends, at the discretion 473
of the court, and satisfactorily completes, a drug abuse or 474
alcohol abuse education, intervention, or treatment program 475
specified by the court. During the time the child is attending 476
the program, the court shall retain any temporary instruction 477
permit or probationary license issued to the child, and the court
shall return the permit or license when the child satisfactorily 478
completes the program. 479
(D) If a child is adjudicated a delinquent child for 482
violating section 2923.122 of the Revised Code, the court, in
addition to any order of disposition it makes for the child under 484
division (A), (B), or (C) of this section, shall revoke the 486
temporary instruction permit and deny the child the issuance of 487
another temporary instruction permit in accordance with division 488
(E)(1)(b) of section 2923.122 of the Revised Code or shall
suspend the probationary driver's license, restricted license, or 491
nonresident operating privilege of the child or deny the child 492
the issuance of a probationary driver's license, restricted 493
license, or temporary instruction permit in accordance with 494
division (E)(1)(a), (c), (d), or (e) of section 2923.122 of the 495
Revised Code.
(E)(1) At the dispositional hearing and prior to making 497
any disposition pursuant to division (A) of this section, the 498
court shall determine whether a victim of the delinquent act 499
committed by the child was five years of age or younger at the 500
time the delinquent act was committed, whether a victim of the 501
delinquent act sustained physical harm to the victim's person 502
during the commission of or otherwise as a result of the 503
13
delinquent act, whether a victim of the delinquent act was 504
sixty-five years of age or older or permanently and totally 505
disabled at the time the delinquent act was committed, and 506
whether the delinquent act would have been an offense of violence 507
if committed by an adult. If the victim was five years of age or 508
younger at the time the delinquent act was committed, sustained 509
physical harm to the victim's person during the commission of or
otherwise as a result of the delinquent act, or was sixty-five 510
years of age or older or permanently and totally disabled at the 512
time the act was committed, regardless of whether the child knew 513
the age of the victim, and if the act would have been an offense 514
of violence if committed by an adult, the court shall consider 515
those facts in favor of imposing commitment under division 516
(A)(3), (4), (5), or (6) of this section, but those facts shall 517
not control the court's decision.
(2) At the dispositional hearing and prior to making any 519
disposition pursuant to division (A)(4), (5), or (6) of this 520
section, the court shall determine whether the delinquent child 521
previously has been adjudicated a delinquent child for a 522
violation of a law or ordinance. If the delinquent child 523
previously has been adjudicated a delinquent child for a 524
violation of a law or ordinance, the court, for purposes of
entering an order of disposition for the delinquent child under 525
this section, shall consider the previous delinquent child 527
adjudication as a conviction of a violation of the law or 528
ordinance in determining the degree of offense the current
delinquent act would be had it been committed by an adult. 529
(F)(1) When a juvenile court commits a delinquent child to 531
the custody of the department of youth services pursuant to this 532
section, the court shall not designate the specific institution 533
in which the department is to place the child but instead shall 535
specify that the child is to be institutionalized or that the 536
institutionalization is to be in a secure facility if that is
required by division (A) of this section. 537
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(2) When a juvenile court commits a delinquent child to 539
the custody of the department of youth services, the court shall 540
provide the department with the child's social history, the 541
child's medical records, a copy of the report of any mental 542
examination of the child ordered by the court, the section or 543
sections of the Revised Code violated by the child and the degree 544
of the violation, the warrant to convey the child to the 545
department, and a copy of the court's journal entry ordering the 546
commitment of the child to the legal custody of the department. 547
THE COURT ALSO SHALL COMPLETE THE FORM FOR THE STANDARD 549
PREDISPOSITION INVESTIGATION REPORT THAT IS DEVELOPED AND 550
FURNISHED BY THE DEPARTMENT OF YOUTH SERVICES PURSUANT TO SECTION 551
5139.04 OF THE REVISED CODE AND PROVIDE THE DEPARTMENT WITH THE
COMPLETED FORM. The department may refuse to accept physical 554
custody of a delinquent child who is committed to the legal 555
custody of the department until the court provides to the 556
department the documents specified in division (F)(2) of this 557
section. No officer or employee of the department who refuses to 559
accept physical custody of a delinquent child who is committed to 561
the legal custody of the department shall be subject to
prosecution or contempt of court for the refusal if the court 562
fails to provide the documents specified in division (F)(2) of 564
this section at the time the court transfers the physical custody 565
of the child to the department. 566
(3) Within five working days after the juvenile court 568
commits a delinquent child to the custody of the department of 569
youth services, the court shall provide the department with a 570
copy of the arrest record pertaining to the act for which the 571
child was adjudicated a delinquent child, a copy of any victim 572
impact statement pertaining to that act, and any other 573
information concerning the child that the department reasonably 574
requests. Within twenty working days after the department of 575
youth services receives physical custody of a delinquent child 576
from a juvenile court, the court shall provide the department 577
15
with a certified copy of the child's birth certificate or the 579
child's social security number, or, if the court made all
reasonable efforts to obtain the information but was 580
unsuccessful, the court shall provide the department with 581
documentation of the efforts it made to obtain the information. 582
(4) When a juvenile court commits a delinquent child to 584
the custody of the department of youth services, the court shall 585
give notice to the school attended by the child of the child's 586
commitment by sending to that school a copy of the court's 587
journal entry ordering the commitment. As soon as possible after 588
receipt of the notice described in this division, the school 589
shall provide the department with the child's school transcript. 590
However, the department shall not refuse to accept a child 591
committed to it, and a child committed to it shall not be held in 592
a county or district detention home, because of a school's 593
failure to provide the school transcript that it is required to 594
provide under division (F)(4) of this section. 595
(5) The department of youth services shall provide the 597
court and the school with an updated copy of the child's school 598
transcript and shall provide the court with a summary of the 599
institutional record of the child when it releases the child from 600
institutional care. The department also shall provide the court 601
with a copy of any portion of the child's institutional record 602
that the court specifically requests within five working days of 603
the request.
(6) When a juvenile court commits a delinquent child to 605
the custody of the department of youth services pursuant to 606
division (A)(4) or (5) of this section, the court shall state in 607
the order of commitment the total number of days that the child 608
has been held, as of the date of the issuance of the order, in 609
detention in connection with the delinquent child complaint upon 610
which the order of commitment is based. The department shall 612
reduce the minimum period of institutionalization or minimum 613
period of institutionalization in a secure facility specified in 614
16
division (A)(4) or (5) of this section by both the total number 615
of days that the child has been so held in detention as stated by 616
the court in the order of commitment and the total number of any 617
additional days that the child has been held in detention 618
subsequent to the order of commitment but prior to the transfer 619
of physical custody of the child to the department.
(G)(1) At any hearing at which a child is adjudicated a 622
delinquent child or as soon as possible after the hearing, the
court shall notify all victims of the delinquent act, who may be 623
entitled to a recovery under any of the following sections, of 624
the right of the victims to recover, pursuant to section 3109.09 625
of the Revised Code, compensatory damages from the child's 626
parents; of the right of the victims to recover, pursuant to 627
section 3109.10 of the Revised Code, compensatory damages from 628
the child's parents for willful and malicious assaults committed 629
by the child; and of the right of the victims to recover an award 630
of reparations pursuant to sections 2743.51 to 2743.72 of the 631
Revised Code. 632
(2) If a child is adjudicated a delinquent child for 635
committing an act that, if committed by an adult, would be 636
aggravated murder, murder, rape, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, 637
involuntary manslaughter, a felony of the first or second degree 639
resulting in the death of or physical harm to a person, 640
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 641
or was substantially equivalent to any of those offenses and if 642
the court in its order of disposition for that act commits the 643
child to the custody of the department of youth services, the 644
court may make a specific finding that the adjudication should be 645
considered a conviction for purposes of a determination in the 646
future, pursuant to Chapter 2929. of the Revised Code, as to 647
whether the child is a repeat violent offender as defined in 648
section 2929.01 of the Revised Code. If the court makes a 649
17
specific finding as described in this division, it shall include 650
the specific finding in its order of disposition and in the 651
record in the case.
(H)(1) If a child is adjudicated a delinquent child for 653
committing an act that would be a felony if committed by an adult 655
and if the child caused, attempted to cause, threatened to cause, 656
or created the risk of physical harm to the victim of the act, 657
the court, prior to issuing an order of disposition under this 658
section, shall order the preparation of a victim impact statement 659
by the probation department of the county in which the victim of 660
the act resides, by the court's own probation department, or by a 661
victim assistance program that is operated by the state, a 662
county, a municipal corporation, or another governmental entity. 663
The court shall consider the victim impact statement in 664
determining the order of disposition to issue for the child. 665
(2) Each victim impact statement shall identify the victim 667
of the act for which the child was adjudicated a delinquent 668
child, itemize any economic loss suffered by the victim as a 669
result of the act, identify any physical injury suffered by the 670
victim as a result of the act and the seriousness and permanence 671
of the injury, identify any change in the victim's personal 672
welfare or familial relationships as a result of the act and any 673
psychological impact experienced by the victim or the victim's 674
family as a result of the act, and contain any other information 675
related to the impact of the act upon the victim that the court 676
requires. 677
(3) A victim impact statement shall be kept confidential 679
and is not a public record, as defined in section 149.43 of the 680
Revised Code. However, the court may furnish copies of the 681
statement to the department of youth services pursuant to 682
division (F)(3) of this section or to both the adjudicated 683
delinquent child or the adjudicated delinquent child's counsel 684
and the prosecuting attorney. The copy of a victim impact 686
statement furnished by the court to the department pursuant to 687
18
division (F)(3) of this section shall be kept confidential and is 688
not a public record, as defined in section 149.43 of the Revised 689
Code. The copies of a victim impact statement that are made 690
available to the adjudicated delinquent child or the adjudicated 691
delinquent child's counsel and the prosecuting attorney pursuant 693
to division (H)(3) of this section shall be returned to the court 696
by the person to whom they were made available immediately 697
following the imposition of an order of disposition for the child 698
under this section.
(I)(1) As used in this division, "felony drug abuse 700
offense" has the same meaning as in section 2925.01 of the 701
Revised Code. 702
(2) Sections 2925.41 to 2925.45 of the Revised Code apply 704
to children who are adjudicated or could be adjudicated by a 705
juvenile court to be delinquent children for an act that, if 706
committed by an adult, would be a felony drug abuse offense. 707
Subject to division (B) of section 2925.42 and division (E) of 708
section 2925.43 of the Revised Code, a delinquent child of that 709
nature loses any right to the possession of, and forfeits to the 710
state any right, title, and interest that the delinquent child 711
may have in, property as defined in section 2925.41 and further 713
described in section 2925.42 or 2925.43 of the Revised Code. 714
(J)(1) As used in this section: 716
(a) "Electronic monitoring device," "certified electronic 718
monitoring device," "electronic monitoring system," and 719
"certified electronic monitoring system" have the same meanings 720
as in section 2929.23 of the Revised Code. 721
(b) "Electronically monitored house detention" means a 723
period of confinement of a child in the child's home or in other 724
premises specified by the court, during which period of 726
confinement all of the following apply: 727
(i) The child wears, otherwise has attached to the child's 729
person, or otherwise is subject to monitoring by a certified 730
electronic monitoring device or is subject to monitoring by a 731
19
certified electronic monitoring system. 732
(ii) The child is required to remain in the child's home 734
or other premises specified by the court for the specified period 735
of confinement, except for periods of time during which the child 736
is at school or at other premises as authorized by the court. 737
(iii) The child is subject to monitoring by a central 739
system that monitors the certified electronic monitoring device 740
that is attached to the child's person or that otherwise is being 741
used to monitor the child and that can monitor and determine the 743
child's location at any time or at a designated point in time, or 744
the child is required to participate in monitoring by a certified 746
electronic monitoring system. 747
(iv) The child is required by the court to report 749
periodically to a person designated by the court. 750
(v) The child is subject to any other restrictions and 752
requirements that may be imposed by the court. 753
(2) A juvenile court, pursuant to division (A)(10) of this 755
section, may impose a period of electronically monitored house 756
detention upon a child who is adjudicated a delinquent child for 757
committing an act that, if committed by an adult, would be a 758
criminal offense that would qualify the adult as an eligible 759
offender pursuant to division (A)(3) of section 2929.23 of the 760
Revised Code. The court may impose a period of electronically 761
monitored house detention in addition to or in lieu of any other 762
dispositional order imposed upon the child, except that any 763
period of electronically monitored house detention shall not 764
extend beyond the child's eighteenth birthday. If a court 765
imposes a period of electronically monitored house detention upon 766
a child, it shall require the child to wear, otherwise have 767
attached to the child's person, or otherwise be subject to 768
monitoring by a certified electronic monitoring device or to 770
participate in the operation of and monitoring by a certified 771
electronic monitoring system; to remain in the child's home or 772
other specified premises for the entire period of electronically 774
20
monitored house detention except when the court permits the child 775
to leave those premises to go to school or to other specified 776
premises; to be monitored by a central system that monitors the 777
certified electronic monitoring device that is attached to the 778
child's person or that otherwise is being used to monitor the 779
child and that can monitor and determine the child's location at 780
any time or at a designated point in time or to be monitored by 781
the certified electronic monitoring system; to report 782
periodically to a person designated by the court; and, in return 783
for receiving a dispositional order of electronically monitored 784
house detention, to enter into a written contract with the court 785
agreeing to comply with all restrictions and requirements imposed 786
by the court, agreeing to pay any fee imposed by the court for 787
the costs of the electronically monitored house detention imposed 788
by the court pursuant to division (E) of section 2929.23 of the 789
Revised Code, and agreeing to waive the right to receive credit 790
for any time served on electronically monitored house detention 791
toward the period of any other dispositional order imposed upon 792
the child for the act for which the dispositional order of 793
electronically monitored house detention was imposed if the child 794
violates any of the restrictions or requirements of the 795
dispositional order of electronically monitored house detention. 796
The court also may impose other reasonable restrictions and 797
requirements upon the child.
(3) If a child violates any of the restrictions or 799
requirements imposed upon the child as part of the child's 800
dispositional order of electronically monitored house detention, 801
the child shall not receive credit for any time served on 802
electronically monitored house detention toward any other 803
dispositional order imposed upon the child for the act for which 804
the dispositional order of electronically monitored house 806
detention was imposed.
(K) Within ten days after completion of the adjudication, 808
the court shall give written notice of an adjudication that a 809
21
child is a delinquent child to the superintendent of a city, 810
local, exempted village, or joint vocational school district if 811
the basis of the adjudication was the commission of an act that 812
would be a criminal offense if committed by an adult and that was 813
committed by the delinquent child when the child was sixteen 814
years of age or older and if the act is any of the following: 815
(1) A violation of section 2923.122 of the Revised Code 817
that relates to property owned or controlled by, or to an 818
activity held under the auspices of, the board of education of 819
that school district; 820
(2) A violation of section 2923.12 of the Revised Code or 822
of a substantially similar municipal ordinance that was committed 823
on property owned or controlled by, or at an activity held under 824
the auspices of, the board of education of that school district; 825
(3) A violation of division (A) of section 2925.03 or 827
2925.11 of the Revised Code that was committed on property owned 828
or controlled by, or at an activity held under the auspices of, 829
the board of education of that school district and that is not a 830
minor drug possession offense as defined in section 2925.01 of 831
the Revised Code;
(4) A violation of section 2903.01, 2903.02, 2903.03, 833
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised 835
Code, or a violation of former section 2907.12 of the Revised
Code, that was committed on property owned or controlled by, or 836
at an activity held under the auspices of, the board of education 837
of that school district, if the victim at the time of the 839
commission of the act was an employee of the board of education 840
of that school district;
(5) Complicity in any violation described in division 842
(K)(1), (2), (3), or (4) of this section that was alleged to have 844
been committed in the manner described in division (K)(1), (2), 845
(3), or (4) of this section, regardless of whether the act of 847
complicity was committed on property owned or controlled by, or 848
at an activity held under the auspices of, the board of education 849
22
of that school district. 850
(L) During the period of a delinquent child's probation 852
granted under division (A)(2) of this section, authorized 855
probation officers who are engaged within the scope of their 856
supervisory duties or responsibilities may search, with or 857
without a warrant, the person of the delinquent child, the place
of residence of the delinquent child, and a motor vehicle, 858
another item of tangible or intangible personal property, or 859
other real property in which the delinquent child has a right, 860
title, or interest or for which the delinquent child has the 861
express or implied permission of a person with a right, title, or 862
interest to use, occupy, or possess if the probation officers 863
have reasonable grounds to believe that the delinquent child is 864
not abiding by the law or otherwise is not complying with the 865
conditions of the delinquent child's probation. The court that 866
places a delinquent child on probation under division (A)(2) of 867
this section shall provide the delinquent child with a written 868
notice that informs the delinquent child that authorized 869
probation officers who are engaged within the scope of their 870
supervisory duties or responsibilities may conduct those types of 872
searches during the period of probation if they have reasonable
grounds to believe that the delinquent child is not abiding by 873
the law or otherwise is not complying with the conditions of the 874
delinquent child's probation. The court also shall provide the 875
written notice described in division (C)(2)(b) of section 876
2151.411 of the Revised Code to each parent, guardian, or
custodian of the delinquent child who is described in division 877
(C)(2)(a) of that section. 878
Sec. 2151.38. (A) When a child is committed to the legal 887
custody of the department of youth services, the jurisdiction of 888
the juvenile court with respect to the child so committed shall 889
cease and terminate at the time of commitment, except as provided 890
in divisions (B) and, (C), AND (G) of this section and except 892
that, if the department of youth services makes a motion to the 893
23
court for the termination of permanent custody, the court upon 894
the motion, after notice and hearing and for good cause shown, 895
may terminate permanent custody at any time prior to the child's 896
attainment of eighteen years of age. The court shall make 897
disposition of the matter in whatever manner will serve the best 899
interests of the child. Subject to divisions (B) and (C) of this 900
section, sections 2151.353 and 2151.411 to 2151.421 of the 901
Revised Code, and any other provision of law that specifies a 903
different duration for a dispositional order, all other 904
dispositional orders made by the court shall be temporary and 905
shall continue for a period that is designated by the court in 906
its order, until terminated or modified by the court or until the 907
child attains twenty-one years of age.
(B)(1)(a) If a child is committed to the department of 909
youth services pursuant to division (A)(4) or (5) of section 910
2151.355 of the Revised Code, except as provided in division 911
(B)(1)(b) and (c) of this section and in section 5139.38 of the 913
Revised Code, THE RELEASE AUTHORITY OF the department shall not 915
release the child from institutional care or institutional care 916
in a secure facility and as a result shall not discharge the 917
child, OR order the child's release on parole, or assign the 919
child to a family home, group care facility, or other place for 920
treatment or rehabilitation, SUPERVISED RELEASE prior to the 921
expiration of the prescribed minimum period of 923
institutionalization or institutionalization in a secure 924
facility, unless the department, the child, or the child's parent 926
requests an early release from institutional care or 927
institutional care in a secure facility from the court that 928
committed the child and the court approves the early release in a 929
journal entry, or unless the court on its own motion grants an 930
early release. A request for early release by the department, 931
the child, or the child's parent shall be made only in accordance 932
with division (B)(2) of this section. 933
If a child is committed to the department of youth services 936
24
pursuant to division (A)(6) of section 2151.355 of the Revised 937
Code, except as provided in division (B)(1)(b) and (c) of this 938
section and in section 5139.38 of the Revised Code, the 940
department shall not release the child from institutional care in 941
a secure facility, and as a result shall not discharge the child, 942
order the child's release on parole, or assign the child to a 944
family home, group care facility, or other place for treatment or 945
rehabilitation, prior to the child's attainment of twenty-one 946
years of age, unless the department, the child, or the child's 948
parent requests an early release from institutional care in a 949
secure facility from the court that committed the child and the 950
court approves the early release in a journal entry, or unless 951
the court on its own motion grants an early release. A request 952
for early release by the department, the child, or the child's 953
parent shall be made only in accordance with division (B)(2) of 954
this section.
(b) If a child is committed to the department of youth 957
services pursuant to division (A)(7) of section 2151.355 of the 958
Revised Code, the department shall not release the child from 960
institutional care in a secure facility, and as a result shall 961
not discharge the child, order the child's release on parole, or 963
assign the child to a family home, group care facility, or other
place for treatment or rehabilitation, prior to the expiration of 965
the period of commitment required to be imposed by that division 967
and prior to the expiration of the prescribed minimum period of 968
institutionalization or institutionalization in a secure facility 969
under division (A)(4) or (5) of that section if either of those 971
divisions applies or prior to the child's attainment of
twenty-one years of age if division (A)(6) of that section 972
applies, unless the department, the child, or the child's parent 973
requests an early release from institutional care or 974
institutional care in a secure facility from the court that 975
committed the child, and the court approves the early release in 976
a journal entry, or unless the court on its own motion grants an 977
25
early release. The department, the child, or the child's parent 978
shall make a request for early release only in accordance with 979
division (B)(2) of this section.
(c) If a child is adjudicated a delinquent child for 982
committing two or more acts that would be felonies if committed
by an adult, if the court entering the delinquent child 983
adjudication ordered the commitment of the child to the legal 984
custody of the department of youth services for 985
institutionalization or institutionalization in a secure facility
pursuant to division (A)(4), (5), or (6) of section 2151.355 of 987
the Revised Code, and if pursuant to division (B)(2) of that 989
section the court ordered the periods of commitment imposed under 990
division (A)(4), (5), or (6) of that section for each of those 992
delinquent acts to be served consecutively in the legal custody
of the department, the department shall not release the child 994
from institutional care or institutional care in a secure 995
facility, and as a result shall not discharge the child, order 997
the child's release on parole, or assign the child to a family 998
home, group care facility, or other place for treatment or 999
rehabilitation, prior to the expiration of any period of 1,000
commitment imposed under division (A)(7) of that section and 1,001
prior to the earlier of the expiration of the prescribed minimum 1,002
periods or prescribed periods of institutionalization or 1,003
institutionalization in a secure facility imposed under division 1,004
(A)(4), (5), or (6) of that section for each of those delinquent 1,005
acts or the child's attainment of twenty-one years of age, unless 1,006
the department, the child, or the child's parent requests an 1,007
early release from institutional care or institutional care in a 1,008
secure facility from the court that committed the child, and the
court approves the early release in a journal entry, or unless 1,009
the court on its own motion grants an early release. The 1,010
department, the child, or the child's parent shall make a request 1,011
for early release only in accordance with division (B)(2) of this 1,012
section.
26
(2)(a) If OR PRIOR TO THE CHILD'S ATTAINMENT OF TWENTY-ONE 1,015
YEARS OF AGE, WHICHEVER IS APPLICABLE UNDER THE ORDER OF 1,016
COMMITMENT, EXCEPT UPON THE ORDER OF A COURT PURSUANT TO DIVISION 1,018
(B) OR (C) OF THIS SECTION OR IN ACCORDANCE WITH SECTION 5139.54 1,021
OF THE REVISED CODE. 1,023
(B)(1) IF THE DEPARTMENT OF YOUTH SERVICES DESIRES TO 1,025
RELEASE A CHILD DURING THE FIRST HALF OF THE PRESCRIBED MINIMUM 1,026
TERM FOR THE MOST SERIOUS ACT FOR WHICH THE CHILD WAS COMMITTED 1,028
TO THE DEPARTMENT OR, IF THE CHILD WAS COMMITTED TO THE 1,029
DEPARTMENT UNTIL THE CHILD ATTAINS TWENTY-ONE YEARS OF AGE,
DURING THE FIRST HALF OF THE PRESCRIBED PERIOD OF COMMITMENT THAT 1,031
BEGINS ON THE FIRST DAY OF COMMITMENT AND ENDS ON THE CHILD'S
TWENTY-FIRST BIRTHDAY, IT SHALL REQUEST THE COURT THAT COMMITTED 1,033
THE CHILD TO THE DEPARTMENT FOR A JUDICIAL RELEASE OF THE CHILD 1,034
FROM INSTITUTIONAL CARE OR INSTITUTIONAL CARE IN A SECURE 1,035
FACILITY. DURING THE FIRST HALF OF THAT PRESCRIBED MINIMUM TERM 1,036
OR OF THAT PRESCRIBED PERIOD OF COMMITMENT, WHICHEVER OF THOSE 1,037
PERIODS IS APPLICABLE, THE CHILD OR THE PARENTS OF THE CHILD ALSO 1,038
MAY REQUEST THAT COURT TO GRANT A JUDICIAL RELEASE OF THE CHILD 1,039
FROM INSTITUTIONAL CARE OR INSTITUTIONAL CARE IN A SECURE
FACILITY. UPON RECEIPT OF A REQUEST FOR A JUDICIAL RELEASE FROM 1,040
THE DEPARTMENT, THE CHILD, OR THE CHILD'S PARENT OR UPON ITS OWN 1,041
MOTION, THE COURT THAT COMMITTED THE CHILD SHALL APPROVE THE 1,042
JUDICIAL RELEASE FROM INSTITUTIONAL CARE OR INSTITUTIONAL CARE IN 1,044
A SECURE FACILITY BY JOURNAL ENTRY, SHALL SCHEDULE WITHIN TWENTY 1,045
DAYS AFTER THE REQUEST IS RECEIVED A TIME FOR A HEARING ON
WHETHER THE CHILD IS TO BE RELEASED UNDER A JUDICIAL RELEASE, OR 1,047
SHALL REJECT THE REQUEST BY JOURNAL ENTRY WITHOUT CONDUCTING A 1,049
HEARING. IF THE COURT REJECTS AN INITIAL REQUEST FOR A JUDICIAL
RELEASE BY THE CHILD OR THE CHILD'S PARENT, THE CHILD OR THE 1,051
CHILD'S PARENT MAY MAKE ONE ADDITIONAL REQUEST FOR A JUDICIAL 1,052
RELEASE WITHIN THE FIRST HALF OF THE APPLICABLE PRESCRIBED 1,053
MINIMUM TERM OR PRESCRIBED PERIOD OF COMMITMENT. THE CHILD OR 1,054
THE CHILD'S PARENT MAY MAKE THE ADDITIONAL REQUEST NO EARLIER 1,055
27
THAN THIRTY DAYS AFTER THE FILING OF THE PRIOR REQUEST FOR A 1,056
JUDICIAL RELEASE. UPON THE FILING BY THE CHILD OR THE CHILD'S 1,057
PARENT OF A SECOND REQUEST FOR A JUDICIAL RELEASE, THE COURT 1,058
SHALL EITHER APPROVE OR DISAPPROVE THE JUDICIAL RELEASE BY 1,060
JOURNAL ENTRY OR SCHEDULE WITHIN TWENTY DAYS AFTER THE REQUEST IS 1,061
RECEIVED A TIME FOR A HEARING ON WHETHER THE CHILD IS TO BE 1,062
RELEASED UNDER A JUDICIAL RELEASE.
(2) IF A COURT SCHEDULES A HEARING UNDER DIVISION (B)(1) 1,066
OF THIS SECTION TO DETERMINE WHETHER A CHILD SHOULD BE GRANTED A 1,067
JUDICIAL RELEASE, IT MAY ORDER THE DEPARTMENT TO DELIVER THE 1,068
CHILD TO THE COURT ON THE DATE SET FOR THE HEARING AND MAY ORDER 1,069
THE DEPARTMENT TO PRESENT TO THE COURT A REPORT ON THE CHILD'S 1,070
PROGRESS IN THE INSTITUTION TO WHICH THE CHILD WAS COMMITTED AND 1,071
RECOMMENDATIONS FOR TERMS AND CONDITIONS OF SUPERVISION OF THE 1,072
CHILD BY THE COURT AFTER RELEASE. THE COURT MAY CONDUCT THE 1,073
HEARING WITHOUT THE CHILD BEING PRESENT. THE COURT SHALL 1,074
DETERMINE AT THE HEARING WHETHER THE CHILD SHOULD BE GRANTED A 1,075
JUDICIAL RELEASE FROM INSTITUTIONALIZATION OR
INSTITUTIONALIZATION IN A SECURE FACILITY. IF THE COURT APPROVES 1,077
THE JUDICIAL RELEASE, THE COURT SHALL ORDER ITS STAFF TO PREPARE 1,078
A WRITTEN TREATMENT AND REHABILITATION PLAN FOR THE CHILD THAT 1,079
MAY INCLUDE ANY TERMS AND CONDITIONS OF THE CHILD'S RELEASE THAT 1,080
WERE RECOMMENDED BY THE DEPARTMENT AND APPROVED BY THE COURT.
THE COMMITTING COURT SHALL SEND THE JUVENILE COURT OF THE COUNTY 1,082
IN WHICH THE CHILD IS PLACED A COPY OF THE RECOMMENDED PLAN AND 1,083
THE TERMS AND CONDITIONS SET BY THE COMMITTING COURT. THE COURT 1,084
OF THE COUNTY IN WHICH THE CHILD IS PLACED MAY ADOPT THE 1,085
RECOMMENDED TERMS AND CONDITIONS SET BY THE COMMITTING COURT AS 1,086
AN ORDER OF THE COURT AND MAY ADD ANY ADDITIONAL CONSISTENT TERMS 1,087
AND CONDITIONS IT CONSIDERS APPROPRIATE. 1,088
(C)(1) IF A CHILD IS COMMITTED TO THE DEPARTMENT OF YOUTH 1,090
SERVICES AND HAS BEEN IN INSTITUTIONAL CARE OR INSTITUTIONAL CARE 1,091
IN A SECURE FACILITY FOR MORE THAN ONE-HALF OF THE PRESCRIBED 1,092
MINIMUM TERM FOR THE MOST SERIOUS ACT FOR WHICH THE CHILD WAS 1,094
28
COMMITTED OR, IF THE CHILD WAS COMMITTED TO THE DEPARTMENT UNTIL
THE CHILD ATTAINS TWENTY-ONE YEARS OF AGE, FOR MORE THAN ONE-HALF 1,095
OF THE PRESCRIBED PERIOD OF COMMITMENT THAT BEGINS ON THE FIRST 1,097
DAY OF COMMITMENT AND ENDS ON THE CHILD'S TWENTY-FIRST BIRTHDAY, 1,098
IF THE PRESCRIBED MINIMUM PERIOD OF INSTITUTIONALIZATION OR OTHER 1,100
STATUTORILY REQUIRED PERIOD OF INSTITUTIONALIZATION HAS NOT 1,101
EXPIRED, AND IF the department of youth services desires to 1,102
release a THE child committed to it pursuant to division (A)(4) 1,104
or (5) of section 2151.355 of the Revised Code from institutional 1,105
care or institutional care in a secure facility prior to the 1,106
expiration of the prescribed minimum periods of 1,109
institutionalization, if it desires to release a child committed 1,110
to it pursuant to division (A)(6) of that section from 1,111
institutional care in a secure facility prior to the child's
attainment of twenty-one years of age, if it desires to release a 1,113
child committed to it pursuant to division (A)(7) of that section 1,114
from institutional care in a secure facility prior to the 1,115
expiration of the period of commitment required to be imposed by 1,116
that division and prior to the expiration of the prescribed 1,117
minimum period of institutionalization or institutionalization in 1,118
a secure facility under division (A)(4) or (5) of that section if 1,119
either of those divisions applies or prior to the child's 1,120
attainment of twenty-one years of age if division (A)(6) of that 1,121
section applies, or if it desires to release a child committed to 1,122
it under the circumstances described in division (B)(1)(c) of 1,124
this section prior to the expiration of the prescribed minimum 1,125
periods or prescribed periods of institutionalization or 1,127
institutionalization in a secure facility described in that 1,128
division, except as provided in section 5139.38 of the Revised 1,129
Code, it shall request the court that committed the child for an 1,130
early release from institutional care or institutional care in a 1,131
secure facility.
Upon receipt of a request for a child's early release filed 1,133
by the department under this section at any time or upon its own 1,134
29
motion at any time, the court that committed the child to the 1,135
department shall approve the early release from institutional 1,136
care or institutional care in a secure facility by journal entry, 1,137
shall schedule a time within thirty days for a hearing on whether 1,139
the child is to be released, or shall reject the request by 1,140
journal entry without conducting a hearing. 1,141
(b) If a child who has been committed to the department 1,143
pursuant to division (A)(4), (5), (6), or (7) of section 2151.355 1,144
of the Revised Code or the parents of a child so committed seek 1,145
the child's early release from institutional care or 1,147
institutional care in a secure facility as described in division 1,148
(B)(1)(a), (b), or (c) of this section DURING THE APPLICABLE 1,149
PERIOD COMMENCING UPON THE EXPIRATION OF THE FIRST HALF OF THAT 1,151
PRESCRIBED MINIMUM TERM OR PRESCRIBED PERIOD OF COMMITMENT AND
ENDING UPON THE EXPIRATION OF THE REQUIRED MINIMUM OR OTHER 1,154
PERIOD OF INSTITUTIONALIZATION OR INSTITUTIONALIZATION IN A 1,155
SECURE FACILITY, the child or the child's parent shall ALSO MAY 1,156
request the court that committed the child to grant an early 1,157
release. No request of that type initially may be made prior to 1,158
the expiration of thirty days from the day on which the child 1,159
began institutional care or institutional care in a secure 1,160
facility. Upon the filing RECEIPT of an initial A request for 1,163
early release FROM THE DEPARTMENT, THE CHILD, OR THE CHILD'S 1,164
PARENT OR UPON ITS OWN MOTION AT ANY TIME DURING THAT PERIOD, the
court shall approve the early release by journal entry, shall 1,166
schedule a time within thirty days AFTER RECEIPT OF THE REQUEST 1,167
for a hearing on whether the child is to be released, or shall 1,169
reject the request by journal entry without conducting a hearing. 1,170
If THE COURT REJECTS an initial request for early release is 1,171
rejected BY THE CHILD OR THE CHILD'S PARENTS, WITHIN THE PERIOD 1,172
PRESCRIBED IN DIVISION (C)(1) OF THIS SECTION, the child or the 1,174
child's parent may make one or more subsequent requests for early 1,175
release but may make no more than one request for early release 1,176
during each period of ninety days that the child is 1,177
30
institutionalized or institutionalized in a secure facility after 1,178
the filing of a prior request for early release. Upon the filing 1,179
of any A request for early release subsequent to an initial 1,180
request, the court shall either approve or disapprove the early 1,181
release by journal entry or schedule a time within thirty days 1,182
AFTER RECEIPT OF THE REQUEST for a hearing on whether the child 1,183
is to be released.
(c)(2) If a court schedules a hearing UNDER DIVISION 1,186
(C)(1) OF THIS SECTION to determine whether a child committed to 1,187
the department should be granted an early release, either upon 1,188
receipt of a request filed by the department under division 1,189
(B)(2)(a) of this section or filed by the child or the child's 1,190
parent in accordance with the time periods prescribed in division 1,191
(B)(2)(b) of this section, or upon its own motion, it may order 1,192
the department to deliver the child to the court on the date set 1,193
for the hearing and shall order the department to present to the 1,194
court at that time a treatment plan for the child's 1,195
post-institutional care. The court may conduct the hearing 1,196
without the child being present. The court shall determine at 1,197
the hearing whether the child should be released GRANTED AN EARLY 1,198
RELEASE from institutionalization or institutionalization in a 1,199
secure facility. If the court approves the early release, the 1,201
department shall prepare a written treatment and rehabilitation 1,202
plan for the child pursuant to division (D)(E) of this section 1,204
that shall include the terms and conditions of the child's 1,205
release. It shall send the committing court and the juvenile
court of the county in which the child is placed a copy of the 1,206
plan and the terms and conditions that it fixed. The court of 1,207
the county in which the child is placed may adopt the terms and 1,208
conditions set by the department as an order of the court and may 1,209
add any additional consistent terms and conditions it considers 1,210
appropriate, PROVIDED THAT THE COURT MAY NOT ADD ANY TERM OR 1,212
CONDITION THAT DECREASES THE LEVEL OR DEGREE OF SUPERVISION 1,213
SPECIFIED BY THE DEPARTMENT IN ITS PLAN, THAT SUBSTANTIALLY 1,214
31
INCREASES THE FINANCIAL BURDEN OF SUPERVISION THAT WILL BE 1,215
EXPERIENCED BY THE DEPARTMENT, OR THAT ALTERS THE PLACEMENT 1,216
SPECIFIED BY THE DEPARTMENT IN ITS PLAN. IF THE COURT OF THE 1,217
COUNTY IN WHICH THE CHILD IS PLACED ADDS TO THE DEPARTMENT'S PLAN 1,218
ANY ADDITIONAL TERMS AND CONDITIONS, IT SHALL ENTER THOSE 1,219
ADDITIONAL TERMS AND CONDITIONS IN ITS JOURNAL AND SHALL SEND TO 1,220
THE DEPARTMENT A COPY OF THE JOURNAL ENTRY OF THE ADDITIONAL 1,221
TERMS AND CONDITIONS. If
(D) IF a child is released under this division (B) OR (C) 1,224
OF THIS SECTION and the court of the county in which the child is 1,225
placed has reason to believe that the child has CHILD'S 1,226
DEPORTMENT IS not deported self in accordance with any THE 1,228
post-release terms and conditions established by the court in its 1,230
journal entry OF THE CHILD'S JUDICIAL RELEASE OR EARLY RELEASE, 1,231
the court of the county in which the child is placed shall 1,232
schedule a time for a hearing on TO DETERMINE whether the child 1,234
violated any of the post-release terms and conditions. If the 1,235
THAT court of the county in which the child is placed determines 1,237
at the hearing that the child violated any of the post-release 1,238
terms and conditions established by the court in its journal 1,239
entry, the court, if it determines that the violation of the 1,240
terms and conditions was a serious violation, may order the child 1,241
to be returned to the department for institutionalization or 1,242
institutionalization in a secure facility, consistent with the
original order of commitment of the child, or in any case may 1,243
make any other disposition of the child authorized by law that 1,244
the court considers proper. If the court of the county in which 1,245
the child is placed orders the child to be returned to a 1,246
department of youth services institution, the time during which 1,247
the child was institutionalized or institutionalized in a secure 1,248
facility prior to the child's JUDICIAL RELEASE OR early release 1,250
shall be considered as time served in fulfilling the prescribed 1,251
minimum period or prescribed period of institutionalization or 1,252
institutionalization in a secure facility that is applicable to 1,254
32
the child under the child's original order of commitment. If the 1,255
court orders the child returned to a department of youth services 1,256
institution, the child shall remain in institutional care for a 1,257
minimum period of three months or until the child successfully 1,258
completes a specialized parole SUPERVISED RELEASE revocation 1,259
program of a duration of not less than thirty days operated 1,261
either by the department or by an entity with whom the department 1,262
has contracted to provide a specialized parole SUPERVISED RELEASE 1,263
revocation program. 1,264
(C) If a child is committed to the department of youth 1,266
services pursuant to division (A)(4) or (5) of section 2151.355 1,267
of the Revised Code and the child has been institutionalized or 1,268
institutionalized in a secure facility for the prescribed minimum 1,270
periods of time under those divisions, the department, without 1,271
approval of the court that committed the child, may release the 1,272
child from institutional care or discharge the child. If the 1,273
department releases the child from institutional care and then 1,274
orders the child's release on parole or assigns the child to a 1,275
family home, group care facility, or other place for treatment or 1,277
rehabilitation, the department also shall prepare a written 1,278
treatment and rehabilitation plan for the child pursuant to 1,279
division (D) of this section that shall include the terms and 1,280
conditions of the child's release or assignment, and shall send 1,281
the committing court and the juvenile court of the county in 1,282
which the child is placed a copy of the plan and the terms and 1,283
conditions that it fixed. The court of the county in which the 1,284
child is placed may adopt the terms and conditions as an order of 1,285
the court and may add any additional consistent terms and 1,286
conditions it considers appropriate. The release, discharge, 1,287
release on parole, or assignment shall be in accordance with 1,288
division (C) of section 5139.06 of the Revised Code. Upon 1,289
notification of a pending release, discharge, release on parole, 1,290
or assignment in accordance with that division, the committing 1,291
court shall enter the notification in its journal. If a child is 1,292
33
released on parole or is assigned subject to specified terms and 1,293
conditions and the court of the county in which the child is 1,294
placed has reason to believe that the child has not deported self 1,296
in accordance with any post-release terms and conditions 1,297
established by the court in its journal entry, the court of the 1,298
county in which the child is placed, in its discretion, may 1,299
schedule a time for a hearing on whether the child violated any 1,300
of the post-release terms and conditions. If the court of the 1,301
county in which the child is placed conducts a hearing and 1,302
determines at the hearing that the child violated any of the 1,303
post-release terms and conditions established in its journal 1,304
entry, the court, if it determines that the violation of the 1,305
terms and conditions was a serious violation, may order the child 1,306
to be returned to the department of youth services for 1,307
institutionalization, or in any case may make any other 1,308
disposition of the child authorized by law that the court 1,309
considers proper. If the court of the county in which the child 1,310
is placed orders the child to be returned to a department of 1,311
youth services institution, the child shall remain 1,312
institutionalized for a minimum period of three months or until 1,313
the child successfully completes a specialized parole revocation 1,314
program of a duration of not less than thirty days operated 1,315
either by the department or by an entity with whom the department 1,316
has contracted to provide a specialized parole revocation 1,317
program. 1,318
(D)(E) The department of youth services, prior to the 1,320
release of a child pursuant to division (B) or (C) of this 1,321
section, shall do all of the following: 1,322
(1) After reviewing the child's rehabilitative progress 1,324
history and medical and educational records, prepare a written 1,325
treatment and rehabilitation plan for the child that shall 1,326
include terms and conditions of the release; 1,327
(2) Completely discuss the terms and conditions of the 1,329
plan prepared pursuant to division (D)(1)(E)(1) of this section 1,331
34
and the possible penalties for violation of the plan with the 1,332
child and the child's parents, guardian, or legal custodian; 1,333
(3) Have the plan prepared pursuant to division 1,335
(D)(1)(E)(1) of this section signed by the child, the child's 1,337
parents, legal guardian, or custodian, and any authority or 1,339
person that is to supervise, control, and provide supportive 1,340
assistance to the child at the time of the child's release 1,341
pursuant to division (B) or (C) of this section; 1,342
(4) File a copy of the treatment plan prepared pursuant to 1,344
division (D)(1)(E)(1) of this section, prior to the child's 1,345
release, with the committing court and the juvenile court of the 1,347
county in which the child is to be placed. 1,348
(E)(F) The department of youth services shall file a 1,350
written progress report with the committing court regarding each 1,351
child released pursuant to division (B) or (C) of this section, 1,352
at least once every thirty days unless specifically directed 1,353
otherwise by the court. The report shall indicate the treatment 1,354
and rehabilitative progress of the child and the child's family, 1,355
if applicable, and shall include any suggestions and 1,356
recommendations for alteration of the program, custody, living 1,357
arrangements, or treatment. The department shall retain legal 1,358
custody of a child so released until it discharges the child or 1,359
until the custody is terminated as otherwise provided by law. 1,360
(G)(1) AS USED IN DIVISION (G)(2) OF THIS SECTION, 1,364
"RELEASE AUTHORITY" AND "SUPERVISED RELEASE" HAVE THE SAME 1,365
MEANINGS AS IN SECTION 5139.01 OF THE REVISED CODE. 1,366
(2) WHEN A CHILD IS COMMITTED TO THE LEGAL CUSTODY OF THE 1,368
DEPARTMENT OF YOUTH SERVICES, THE COURT RETAINS JURISDICTION TO 1,369
PERFORM THE FUNCTIONS SPECIFIED IN SECTION 5139.51 OF THE REVISED 1,371
CODE WITH RESPECT TO THE GRANTING OF SUPERVISED RELEASE BY THE 1,373
RELEASE AUTHORITY AND TO PERFORM THE FUNCTIONS SPECIFIED IN 1,374
SECTION 5139.52 OF THE REVISED CODE WITH RESPECT TO VIOLATIONS OF 1,377
THE TERMS AND CONDITIONS OF SUPERVISED RELEASE GRANTED BY THE
RELEASE AUTHORITY AND TO THE REVOCATION OF SUPERVISED RELEASE 1,379
35
GRANTED BY THE RELEASE AUTHORITY.
Sec. 5139.01. (A) As used in this chapter: 1,388
(1) "Commitment" means the transfer of the physical 1,390
custody of a child or youth from the court to the department of 1,391
youth services. 1,392
(2) "Permanent commitment" means a commitment that vests 1,394
legal custody of a child in the department of youth services. 1,395
(3) "Legal custody," insofar as it pertains to the status 1,397
that is created when a child is permanently committed to the 1,398
department of youth services, means a legal status in which the 1,399
department has the following rights and responsibilities: the 1,400
right to have physical possession of the child; the right and 1,401
duty to train, protect, and control the child; the responsibility 1,403
to provide the child with food, clothing, shelter, education, and 1,405
medical care; and the right to determine where and with whom the 1,406
child shall live, subject to the minimum periods of, or periods 1,408
of, institutional care prescribed in section 2151.355 of the 1,410
Revised Code; provided, that these rights and responsibilities 1,411
are exercised subject to the powers, rights, duties, and 1,412
responsibilities of the guardian of the person of the child, and 1,413
subject to any residual parental rights and responsibilities. 1,414
(4) Unless the context requires a different meaning, 1,416
"institution" means a state facility that is created by the 1,417
general assembly and that is under the management and control of 1,418
the department of youth services or a private entity with which 1,419
the department has contracted for the institutional care and 1,420
custody of felony delinquents.
(5) "Full-time care" means care for twenty-four hours a 1,422
day for over a period of at least two consecutive weeks. 1,423
(6) "Placement" means the conditional release of a child 1,425
under the terms and conditions that are specified by the 1,426
department of youth services. The department shall retain legal 1,427
custody of a child released pursuant to division (B)(C) of 1,428
section 2151.38 of the Revised Code or division (C) of section 1,430
36
5139.06 of the Revised Code until the time that it discharges the 1,431
child or until the legal custody is terminated as otherwise 1,432
provided by law. 1,433
(7) "Home placement" means the placement of a child in the 1,435
home of the child's parent or parents or in the home of the 1,436
guardian of the child's person. 1,438
(8) "Discharge" means that the department of youth 1,440
services' legal custody of a child is terminated. 1,441
(9) "Release" means the termination of a child's stay in 1,443
an institution. A child released pursuant to division (B) of 1,444
section 2151.38 or pursuant to division (C) of section 5139.06 of 1,445
the Revised Code shall be on parole until discharged pursuant to 1,446
division (C)(5) of section 5139.06 of the Revised Code or until 1,447
legal custody is terminated as otherwise provided by law AND THE 1,448
SUBSEQUENT PERIOD DURING WHICH THE CHILD RETURNS TO THE COMMUNITY 1,449
UNDER THE TERMS AND CONDITIONS OF SUPERVISED RELEASE. 1,450
(10) "Delinquent child" has the same meaning as in section 1,452
2151.02 of the Revised Code. 1,453
(11) "Felony delinquent" means any child who is at least 1,455
twelve years of age but less than eighteen years of age and who 1,456
is adjudicated a delinquent child for having committed an act 1,457
that if committed by an adult would be a felony. "Felony 1,458
delinquent" includes any adult who is between the ages of 1,459
eighteen and twenty-one and who is in the legal custody of the 1,460
department of youth services for having committed an act that if 1,461
committed by an adult would be a felony. 1,462
(12) "Juvenile traffic offender" has the same meaning as 1,464
in section 2151.021 of the Revised Code. 1,465
(13) "Public safety beds" means all of the following: 1,467
(a) Felony delinquents who have been committed to the 1,469
department of youth services for the commission of an act, other 1,470
than a violation of section 2911.01 or 2911.11 of the Revised 1,471
Code, that is a category one offense or a category two offense 1,472
and who are in the care and custody of an institution or have 1,473
37
been diverted from care and custody in an institution and placed 1,474
in a community corrections facility; 1,475
(b) Felony delinquents who, while committed to the 1,477
department of youth services and in the care and custody of an 1,478
institution or a community corrections facility, are adjudicated 1,479
delinquent children for having committed in that institution or 1,480
community corrections facility an act that if committed by an 1,481
adult would be a felony or a misdemeanor;
(c) Children who satisfy all of the following: 1,483
(i) They are at least twelve years of age but less than 1,486
eighteen years of age.
(ii) They are adjudicated delinquent children for having 1,489
committed acts that if committed by an adult would be a felony. 1,490
(iii) They are committed to the department of youth 1,493
services by the juvenile court of a county that has had one-tenth 1,494
of one per cent or less of the statewide adjudications for felony 1,495
delinquents as averaged, through December 31, 1995, for the past
two fiscal years or as averaged, on and after January 1, 1996, 1,496
for the past four fiscal years. 1,497
(iv) They are in the care and custody of an institution or 1,499
a community corrections facility. 1,500
(d) Felony delinquents who, while committed to the 1,502
department of youth services and in the care and custody of an 1,503
institution, commit in that institution an act that if committed 1,504
by an adult would be a felony, who are serving administrative 1,505
time, as defined by rules of the department adopted pursuant to 1,506
division (E) of section 5139.04 of the Revised Code, for having
committed that act, and who have been institutionalized or 1,507
institutionalized in a secure facility for the minimum period of 1,508
time specified in division (A)(4) or (5) of section 2151.355 of 1,509
the Revised Code.
(e) Felony delinquents who are subject to and serving a 1,511
three-year period of commitment order imposed by a juvenile court 1,512
pursuant to division (A)(7) of section 2151.355 of the Revised 1,514
38
Code for an act, other than a violation of section 2911.11 of the 1,515
Revised Code, that would be a category one offense or category 1,516
two offense if committed by an adult.
(f) FELONY DELINQUENTS WHO ARE DESCRIBED IN DIVISION 1,520
(A)(13)(a) OF THIS SECTION, WHO HAVE BEEN GRANTED A JUDICIAL 1,521
RELEASE UNDER DIVISION (B) OF SECTION 2151.38 OF THE REVISED CODE 1,523
OR AN EARLY RELEASE UNDER DIVISION (C) OF THAT SECTION FROM THE 1,525
COMMITMENT TO THE DEPARTMENT OF YOUTH SERVICES FOR THE ACT 1,526
DESCRIBED IN DIVISION (A)(13)(a) OF THIS SECTION, WHO HAVE 1,528
VIOLATED THE TERMS AND CONDITIONS OF THAT JUDICIAL RELEASE OR 1,529
EARLY RELEASE, AND WHO, PURSUANT TO AN ORDER OF THE COURT OF THE 1,530
COUNTY IN WHICH THE PARTICULAR FELONY DELINQUENT WAS PLACED ON 1,531
RELEASE THAT IS ISSUED PURSUANT TO DIVISION (D) OF SECTION 1,532
2151.38 OF THE REVISED CODE, HAVE BEEN RETURNED TO THE DEPARTMENT 1,534
FOR INSTITUTIONALIZATION OR INSTITUTIONALIZATION IN A SECURE 1,535
FACILITY.
(g) FELONY DELINQUENTS WHO HAVE BEEN COMMITTED TO THE 1,538
CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES, WHO HAVE BEEN 1,539
GRANTED SUPERVISED RELEASE FROM THE COMMITMENT PURSUANT TO 1,540
SECTION 5139.51 OF THE REVISED CODE, WHO HAVE VIOLATED THE TERMS 1,542
AND CONDITIONS OF THAT SUPERVISED RELEASE, AND WHO, PURSUANT TO 1,543
AN ORDER OF THE COURT OF THE COUNTY IN WHICH THE PARTICULAR CHILD 1,544
WAS PLACED ON SUPERVISED RELEASE ISSUED PURSUANT TO DIVISION (F) 1,545
OF SECTION 5139.52 OF THE REVISED CODE, HAVE HAD THE SUPERVISED 1,546
RELEASE REVOKED AND HAVE BEEN RETURNED TO THE DEPARTMENT FOR 1,547
INSTITUTIONALIZATION. A FELONY DELINQUENT DESCRIBED IN THIS 1,548
DIVISION SHALL BE A PUBLIC SAFETY BED ONLY FOR THE TIME DURING 1,549
WHICH THE FELONY DELINQUENT IS INSTITUTIONALIZED AS A RESULT OF 1,550
THE REVOCATION SUBSEQUENT TO THE INITIAL THIRTY-DAY PERIOD OF 1,551
INSTITUTIONALIZATION REQUIRED BY DIVISION (F) OF SECTION 5139.52 1,552
OF THE REVISED CODE. 1,553
(14) "State target youth" means twenty-five per cent of 1,555
the projected total number of felony delinquents for each year of 1,556
a biennium, factoring in revocations and recommitments. 1,557
39
(15) Unless the context requires a different meaning, 1,559
"community corrections facility" means a county or multicounty 1,560
rehabilitation center for felony delinquents who have been 1,561
committed to the department of youth services and diverted from 1,562
care and custody in an institution and placed in the 1,563
rehabilitation center pursuant to division (E) of section 5139.36 1,564
of the Revised Code. 1,565
(16) "Secure facility" means any facility that is designed 1,567
and operated to ensure that all of its entrances and exits are 1,568
under the exclusive control of its staff and to ensure that, 1,569
because of that exclusive control, no child who has been 1,570
institutionalized in the facility may leave the facility without
permission or supervision. 1,571
(17) "Community residential program" means a program that 1,573
satisfies both of the following: 1,574
(a) It is housed in a building or other structure that has 1,576
no associated major restraining construction, including, but not 1,577
limited to, a security fence. 1,578
(b) It provides twenty-four-hour care, supervision, and 1,580
programs for felony delinquents who are in residence. 1,581
(18) "Category one offense" and "category two offense" 1,583
have the same meanings is in section 2151.26 of the Revised Code. 1,584
(19) "REVOCATION" MEANS THE ACT OF REVOKING A CHILD'S 1,586
SUPERVISED RELEASE FOR A VIOLATION OF A TERM OR CONDITION OF THE 1,587
CHILD'S SUPERVISED RELEASE IN ACCORDANCE WITH SECTION 5139.52 OF 1,589
THE REVISED CODE.
(20) "RELEASE AUTHORITY" MEANS THE RELEASE AUTHORITY OF 1,592
THE DEPARTMENT OF YOUTH SERVICES THAT IS ESTABLISHED BY SECTION
5139.50 OF THE REVISED CODE. 1,594
(21) "SUPERVISED RELEASE" MEANS THE EVENT OF THE RELEASE 1,597
OF A CHILD UNDER THIS CHAPTER FROM AN INSTITUTION AND THE PERIOD
AFTER THAT RELEASE DURING WHICH THE CHILD IS SUPERVISED AND 1,598
ASSISTED BY AN EMPLOYEE OF THE DEPARTMENT OF YOUTH SERVICES UNDER 1,599
SPECIFIC TERMS AND CONDITIONS FOR REINTEGRATION OF THE CHILD INTO 1,600
40
THE COMMUNITY.
(22) "VICTIM" MEANS THE PERSON IDENTIFIED IN A POLICE 1,603
REPORT, COMPLAINT, OR INFORMATION AS THE VICTIM OF AN ACT THAT 1,605
WOULD HAVE BEEN A CRIMINAL OFFENSE IF COMMITTED BY AN ADULT AND 1,606
THAT PROVIDED THE BASIS FOR ADJUDICATION PROCEEDINGS RESULTING IN 1,607
A CHILD'S COMMITMENT TO THE LEGAL CUSTODY OF THE DEPARTMENT OF 1,608
YOUTH SERVICES.
(23) "VICTIM'S REPRESENTATIVE" MEANS A MEMBER OF THE 1,610
VICTIM'S FAMILY OR ANOTHER PERSON WHOM THE VICTIM OR ANOTHER 1,611
AUTHORIZED PERSON DESIGNATES IN WRITING, PURSUANT TO SECTION 1,613
5139.56 OF THE REVISED CODE, TO REPRESENT THE VICTIM WITH RESPECT 1,614
TO PROCEEDINGS OF THE RELEASE AUTHORITY OF THE DEPARTMENT OF 1,615
YOUTH SERVICES AND WITH RESPECT TO OTHER MATTERS SPECIFIED IN 1,616
THAT SECTION.
(24) "MEMBER OF THE VICTIM'S FAMILY" MEANS A SPOUSE, 1,618
CHILD, STEPCHILD, SIBLING, PARENT, STEPPARENT, GRANDPARENT, OTHER 1,619
RELATIVE, OR LEGAL GUARDIAN OF A CHILD BUT DOES NOT INCLUDE A 1,620
PERSON CHARGED WITH, CONVICTED OF, OR ADJUDICATED A DELINQUENT 1,621
CHILD FOR COMMITTING A CRIMINAL OR DELINQUENT ACT AGAINST THE 1,622
VICTIM OR ANOTHER CRIMINAL OR DELINQUENT ACT ARISING OUT OF THE 1,624
SAME CONDUCT, CRIMINAL OR DELINQUENT EPISODE, OR PLAN AS THE
CRIMINAL OR DELINQUENT ACT COMMITTED AGAINST THE VICTIM. 1,625
(25) "JUDICIAL RELEASE" MEANS A RELEASE OF A CHILD FROM 1,627
INSTITUTIONAL CARE OR INSTITUTIONAL CARE IN A SECURE FACILITY 1,628
THAT IS GRANTED BY A COURT PURSUANT TO DIVISION (B) OF SECTION 1,630
2151.38 OF THE REVISED CODE DURING THE PERIOD SPECIFIED IN THAT 1,632
DIVISION.
(26) "EARLY RELEASE" MEANS A RELEASE OF A CHILD FROM 1,634
INSTITUTIONAL CARE OR INSTITUTIONAL CARE IN A SECURE FACILITY 1,635
THAT IS GRANTED BY A COURT PURSUANT TO DIVISION (C) OF SECTION 1,637
2151.38 OF THE REVISED CODE DURING THE PERIOD SPECIFIED IN THAT 1,639
DIVISION.
(B) There is hereby created the department of youth 1,641
services. The governor shall appoint the director of the 1,642
41
department with the advice and consent of the senate. The 1,643
director shall hold office during the term of the appointing 1,644
governor but subject to removal at the pleasure of the governor. 1,645
Except as otherwise authorized in section 108.05 of the Revised 1,646
Code, the director shall devote the director's entire time to the 1,648
duties of the director's office and shall hold no other office or 1,649
position of trust or profit during the director's term of office. 1,651
The director is the chief executive and administrative 1,653
officer of the department and has all the powers of a department 1,654
head set forth in Chapter 121. of the Revised Code. The director 1,656
may adopt rules for the government of the department, the conduct 1,657
of its officers and employees, the performance of its business, 1,658
and the custody, use, and preservation of the department's 1,659
records, papers, books, documents, and property. The director 1,660
shall be an appointing authority within the meaning of Chapter 1,661
124. of the Revised Code. Whenever this or any other chapter or 1,662
section of the Revised Code imposes a duty on or requires an 1,663
action of the department, the duty or action shall be performed 1,664
by the director or, upon the director's order, in the name of the 1,665
department. 1,666
Sec. 5139.04. The department of youth services shall do 1,675
all of the following: 1,676
(A) Support service districts through a central 1,678
administrative office that shall have as its administrative head 1,679
a deputy director who shall be appointed by the director of the 1,680
department. When a vacancy occurs in the office of that deputy 1,681
director, an assistant deputy director shall act as that deputy 1,683
director until the vacancy is filled. The position of deputy 1,684
director and assistant deputy director described in this division 1,685
shall be in the unclassified civil service of the state. 1,687
(B) Receive custody of all children committed to it under 1,689
Chapter 2151. of the Revised Code, cause a study to be made of 1,690
those children, and issue any orders, as it considers best suited 1,691
to the needs of any of those children and the interest of the 1,692
42
public, for the treatment of each of those children; 1,693
(C) Obtain personnel necessary for the performance of its 1,695
duties; 1,696
(D) Train or provide for training of probation and youth 1,698
correction workers; 1,699
(E) Adopt rules that regulate its organization and 1,702
operation, that implement sections 5139.41 to 5139.45 of the 1,703
Revised Code, that define administrative time for purposes of 1,704
division (A)(13)(d) of section 5139.01 of the Revised Code, and 1,706
that pertain to the administration of other sections of this 1,708
chapter;
(F) Submit reports of its operations to the governor and 1,710
the general assembly by the thirty-first day of January of each 1,711
odd-numbered year; 1,712
(G) Conduct a program of research in diagnosis, training, 1,714
and treatment of delinquent children to evaluate the 1,715
effectiveness of the department's services and to develop more 1,716
adequate methods; 1,717
(H) Receive reports from the juvenile courts under 1,719
division (C)(3)(b) of section 5139.43 of the Revised Code and 1,720
prepare an annual report of state juvenile court statistics and 1,721
information based upon those reports. The department shall make 1,722
available a copy of the annual report to the governor and members 1,723
of the general assembly upon request. 1,724
(I) DEVELOP A STANDARD FORM FOR THE PREDISPOSITION 1,726
INVESTIGATION REPORT THAT A JUVENILE COURT IS REQUIRED PURSUANT 1,727
TO SECTION 2151.355 OF THE REVISED CODE TO COMPLETE AND PROVIDE 1,728
TO THE DEPARTMENT WHEN THE COURT COMMITS A CHILD TO THE LEGAL 1,729
CUSTODY OF THE DEPARTMENT;
(J) Do all other acts necessary or desirable to carry out 1,731
this chapter. 1,732
Sec. 5139.05. (A) The juvenile court may commit any child 1,741
to the department of youth services permanently as authorized in 1,742
section 2151.355 of the Revised Code, provided that any child so 1,743
43
committed shall be at least twelve years of age at the time of 1,744
the child's commitment. Any order to commit a child to an 1,745
institution under the control and management of the department 1,747
shall have the effect of ordering that the child be committed to 1,748
the department and assigned to an institution as follows: 1,749
(1) For an indefinite term consisting of the prescribed 1,752
minimum period of time and a maximum period not to exceed the 1,753
child's attainment of twenty-one years of age, if the child was 1,754
committed pursuant to division (A)(4) or (5) of section 2151.355 1,755
of the Revised Code;
(2) Until the child's attainment of twenty-one years of 1,757
age, if the child was committed pursuant to division (A)(6) of 1,759
that section;
(3) For a period of commitment that shall be in addition 1,761
to, and shall be served consecutively with and prior to, a period 1,762
of commitment described in division (A)(1) or (2) of this 1,763
section, if the child was committed pursuant to division (A)(7) 1,764
of section 2151.355 of the Revised Code; 1,766
(4) For any period of commitment imposed under division 1,768
(A)(7) of section 2151.355 of the Revised Code and for 1,771
consecutive periods of commitment as described in division (A)(1) 1,772
or (2) of this section, if the child was the subject of a 1,773
consecutive periods of commitment order issued by the court 1,774
pursuant to division (B)(2) of section 2151.355 of the Revised 1,775
Code.
(B) The RELEASE AUTHORITY OF THE department of youth 1,777
services, IN ACCORDANCE WITH SECTION 5139.51 OF THE REVISED CODE, 1,778
may grant the release from institutionalization of any child 1,780
committed to it pursuant to division (A)(4), (5), (6), or (7) of 1,781
section 2151.355 of the Revised Code in a manner consistent with 1,782
section 5139.38 of the Revised Code, in a manner consistent with 1,783
division (B) of section 2151.38 of the Revised Code if that 1,784
division is applicable to the child, or in a manner consistent 1,785
with division (C) of section 5139.06 of the Revised Code if 1,786
44
division (B) of section 2151.38 of the Revised Code is no longer 1,787
applicable to the child THE DEPARTMENT.
The order committing a child to the department of youth 1,789
services shall state that the child has been adjudicated a 1,790
delinquent child and that the commitment is permanent. The 1,791
jurisdiction of the court terminates at the time of the 1,792
commitment except in relation to procedures for the JUDICIAL 1,793
RELEASE OR early release of children from institutionalization or 1,795
institutionalization in a secure facility and hearings conducted 1,797
relative to JUDICIAL RELEASE OR early release,; except in 1,799
relation to its authority to add ADDITIONAL consistent terms and 1,801
conditions, REGARDING EARLY RELEASE THAT ARE NOT PROHIBITED UNDER 1,802
DIVISION (C)(2) OF SECTION 2151.38 OF THE REVISED CODE; EXCEPT IN 1,804
RELATION TO ITS AUTHORITY TO ADD ADDITIONAL TERMS AND CONDITIONS 1,805
REGARDING JUDICIAL RELEASE; except in relation to hearings 1,808
conducted relative to violations of post-release THE terms and 1,809
conditions, OF A JUDICIAL RELEASE OR EARLY RELEASE; EXCEPT IN 1,811
RELATION TO THE FUNCTIONS OF THE COURT RELATED TO THE GRANTING OF 1,812
SUPERVISED RELEASE, WITH RESPECT TO VIOLATIONS OF SUPERVISED 1,813
RELEASE, AND WITH RESPECT TO FUNCTIONS OF THE COURT RELATED TO 1,814
THE REVOCATION OF SUPERVISED RELEASE THAT ARE SPECIFIED IN 1,815
SECTIONS 5139.51 AND 5139.52 OF THE REVISED CODE; and except that 1,819
the department may petition the court for an order terminating 1,820
its custody. When a child has been committed permanently to the 1,821
department, the department shall retain legal custody of the 1,822
child until the time that it divests itself of the legal custody 1,823
of the child by discharging the child to the exclusive 1,824
management, control, and custody of the child's parent or the 1,825
guardian of the child's person, until the committing court, upon 1,827
its own motion, upon petition of the parent, guardian of the 1,828
person, or next friend of a child, or upon petition of the 1,829
department, terminates the department's legal custody of the 1,830
child, or until the department's legal custody of the child is 1,831
terminated automatically by the child attaining twenty-one years 1,832
45
of age.
(C) When a child is committed to the department of youth 1,834
services, the department may assign the child to a hospital for 1,835
mental, physical, and other examination, inquiry, or treatment 1,836
for the period of time that is necessary. The department may 1,837
remove any child in its custody to a hospital for observation, 1,838
and a complete report of every observation at the hospital shall 1,840
be made in writing and shall include a record of observation, 1,841
treatment, and medical history and a recommendation for future 1,842
treatment, custody, and maintenance. The department shall 1,843
thereupon order the placement and treatment that it determines to 1,844
be most conducive to the purposes of Chapters 2151. and 5139. of 1,845
the Revised Code. The committing court and all public 1,846
authorities shall make available to the department all pertinent 1,847
data in their possession with respect to the case.
(D) Records maintained by the department of youth services 1,849
pertaining to the children in its custody shall be accessible 1,850
only to department employees, except by consent of the department 1,851
or upon the order of the judge of a court of record. These 1,852
records shall not be considered "public records," as defined in 1,853
section 149.43 of the Revised Code. 1,854
Except as otherwise provided by a law of this state or the 1,856
United States, the department of youth services may release 1,857
records that are maintained by the department of youth services 1,858
and that pertain to children in its custody to the department of 1,859
rehabilitation and correction regarding persons who are under the 1,860
jurisdiction of the department of rehabilitation and correction 1,861
and who have previously been committed to the department of youth
services. The department of rehabilitation and correction may 1,862
use those records for the limited purpose of carrying out the 1,863
duties of the department of rehabilitation and correction. 1,864
Records released by the department of youth services to the 1,865
department of rehabilitation and correction shall remain
confidential and shall not be considered public records as 1,866
46
defined in section 149.43 of the Revised Code. 1,867
(E)(1) When a child is committed to the department of 1,869
youth services, the department, orally or in writing, shall 1,870
notify the parent, guardian, or custodian of a child that the 1,871
parent, guardian, or custodian may request at any time from the 1,872
superintendent of the institution in which the child is located 1,873
any of the information described in divisions (E)(1)(a), (b), 1,874
(c), and (d) of this section. The parent, guardian, or custodian 1,875
may provide the department with the name, address, and telephone 1,876
number of the parent, guardian, or custodian, and, until the 1,877
department is notified of a change of name, address, or telephone 1,878
number, the department shall use the name, address, and telephone 1,879
number provided by the parent, guardian, or custodian to provide 1,880
notices or answer inquiries concerning the following information: 1,881
(a) When the department of youth services makes a 1,883
permanent assignment of the child to a facility, the department, 1,884
orally or in writing and on or before the third business day 1,885
after the day the permanent assignment is made, shall notify the 1,886
parent, guardian, or custodian of the child of the name of the 1,887
facility to which the child has been permanently assigned. 1,888
If a parent, guardian, or custodian of a child who is 1,890
committed to the department of youth services requests, orally or 1,891
in writing, the department to provide the parent, guardian, or 1,892
custodian with the name of the facility in which the child is 1,894
currently located, the department, orally or in writing and on or 1,895
before the next business day after the day on which the request 1,896
is made, shall provide the name of that facility to the parent, 1,897
guardian, or custodian.
(b) If a parent, guardian, or custodian of a child who is 1,899
committed to the department of youth services, orally or in 1,900
writing, asks the superintendent of the institution in which the 1,901
child is located whether the child is being disciplined by the 1,902
personnel of the institution, what disciplinary measure the 1,903
personnel of the institution are using for the child, or why the 1,904
47
child is being disciplined, the superintendent or the 1,905
superintendent's designee, on or before the next business day 1,907
after the day on which the request is made, shall provide the 1,908
parent, guardian, or custodian with written or oral responses to 1,909
the questions.
(c) If a parent, guardian, or custodian of a child who is 1,911
committed to the department of youth services, orally or in 1,912
writing, asks the superintendent of the institution in which the 1,913
child is held whether the child is receiving any medication from 1,914
personnel of the institution, what type of medication the child 1,915
is receiving, or what condition of the child the medication is 1,916
intended to treat, the superintendent or the superintendent's 1,918
designee, on or before the next business day after the day on 1,919
which the request is made, shall provide the parent, guardian, or 1,920
custodian with oral or written responses to the questions. 1,921
(d) When a major incident occurs with respect to a child 1,923
who is committed to the department of youth services, the 1,924
department, as soon as reasonably possible after the major 1,925
incident occurs, shall notify the parent, guardian, or custodian 1,926
of the child that a major incident has occurred with respect to 1,927
the child and of all the details of that incident that the 1,928
department has ascertained. 1,929
(2) The failure of the department of youth services to 1,931
provide any notification required by or answer any requests made 1,932
pursuant to division (E) of this section does not create a cause 1,933
of action against the state. 1,934
(F) The department of youth services, as a means of 1,936
punishment while the child is in its custody, shall not prohibit 1,937
a child who is committed to the department from seeing that 1,938
child's parent, guardian, or custodian during standard visitation 1,939
periods allowed by the department of youth services unless the 1,940
superintendent of the institution in which the child is held 1,941
determines that permitting that child to visit with the child's 1,943
parent, guardian, or custodian would create a safety risk to that 1,944
48
child, that child's parents, guardian, or custodian, the 1,945
personnel of the institution, or other children held in that 1,946
institution.
(G) As used in this section: 1,948
(1) "Permanent assignment" means the assignment or 1,950
transfer for an extended period of time of a child who is 1,951
committed to the department of youth services to a facility in 1,952
which the child will receive training or participate in 1,953
activities that are directed toward the child's successful 1,954
rehabilitation. "Permanent assignment" does not include the 1,955
transfer of a child to a facility for early release hearings 1,956
pursuant to section 2151.38 of the Revised Code or for any other 1,957
temporary assignment or transfer to a facility. 1,958
(2) "Major incident" means the escape or attempted escape 1,960
of a child who has been committed to the department of youth 1,961
services from the facility to which the child is assigned; the 1,962
return to the custody of the department of a child who has 1,963
escaped or otherwise fled the custody and control of the 1,964
department without authorization; the allegation of any sexual 1,965
activity with a child committed to the department; physical 1,966
injury to a child committed to the department as a result of 1,967
alleged abuse by department staff; an accident resulting in 1,968
injury to a child committed to the department that requires 1,969
medical care or treatment outside the institution in which the 1,970
child is located; the discovery of a controlled substance upon 1,971
the person or in the property of a child committed to the 1,972
department; a suicide attempt by a child committed to the 1,973
department; a suicide attempt by a child committed to the 1,974
department that results in injury to the child requiring 1,975
emergency medical services outside the institution in which the 1,976
child is located; the death of a child committed to the 1,977
department; an injury to a visitor at an institution under the 1,978
control of the department that is caused by a child committed to 1,979
the department; and the commission or suspected commission of an 1,980
49
act by a child committed to the department that would be an 1,981
offense if committed by an adult. 1,982
(3) "Sexual activity" has the same meaning as in section 1,984
2907.01 of the Revised Code. 1,985
(4) "Controlled substance" has the same meaning as in 1,987
section 3719.01 of the Revised Code. 1,988
Sec. 5139.06. (A) When a child has been committed to the 1,997
department of youth services, it shall do both of the following: 1,998
(1) Place the child in an appropriate institution under 2,000
the condition that it considers best designed for the training 2,001
and rehabilitation of the child and the protection of the public, 2,002
provided that the institutional placement shall be consistent 2,003
with the order committing the child to its custody; 2,004
(2) Maintain the child in institutional care or 2,006
institutional care in a secure facility for the required period 2,007
of institutionalization in a manner consistent with division 2,008
(A)(4), (5), (6), or (7) of section 2151.355 of the Revised Code, 2,009
whichever is applicable, and with section 5139.38 or division (B) 2,010
OR (C) of section 2151.38 of the Revised Code. 2,011
(B) When a child has been committed to the department of 2,013
youth services pursuant to division (A)(6) of section 2151.355 of 2,014
the Revised Code, or when a child has been committed to the 2,015
department pursuant to division (A)(4), (5), or (7) of that 2,016
section and the child has not been institutionalized or 2,017
institutionalized in a secure facility for the prescribed minimum 2,019
periods of time or the prescribed period of time under those
divisions, INCLUDING, BUT NOT LIMITED TO, A PRESCRIBED PERIOD OF 2,020
TIME UNDER DIVISION (A)(6) OF SECTION 2151.355 OF THE REVISED 2,021
CODE, the department, the child, or the child's parent may 2,023
request the court that committed the child to order A JUDICIAL 2,024
RELEASE OR an early release from institutionalization or 2,026
institutionalization in a secure facility in accordance with 2,027
division (B) OR (C) of section 2151.38 of the Revised Code, and 2,028
the child may be released from institutionalization or 2,030
50
institutionalization in a secure facility in accordance with that 2,031
THE APPLICABLE division. A child of that nature IN THOSE 2,032
CIRCUMSTANCES shall not be released from institutionalization or 2,034
institutionalization in a secure facility except in accordance 2,035
with that division or section 2151.38 OR 5139.38 of the Revised 2,037
Code. WHEN A CHILD IS RELEASED PURSUANT TO A JUDICIAL RELEASE 2,039
UNDER DIVISION (B) OF SECTION 2151.38 OF THE REVISED CODE, THE 2,040
DEPARTMENT SHALL COMPLY WITH DIVISION (B)(2) OF THAT SECTION AND, 2,041
IF THE COURT REQUESTS, SHALL SEND THE COMMITTING COURT A REPORT 2,042
ON THE CHILD'S PROGRESS IN THE INSTITUTION AND RECOMMENDATIONS 2,043
FOR TERMS AND CONDITIONS OF SUPERVISION BY THE COURT AFTER 2,044
RELEASE. When a child is released pursuant to that AN EARLY 2,045
RELEASE UNDER division (C) OF SECTION 2151.38 OF THE REVISED 2,047
CODE, the department shall comply with divisions (D) and (E) 2,048
DIVISION (C)(2) of THAT section 2151.38 of the Revised Code 2,049
relative to the child and shall send the committing court and the 2,050
juvenile court of the county in which the child is placed a copy 2,051
of the TREATMENT AND REHABILITATION plan DESCRIBED IN THAT 2,052
DIVISION and the terms and conditions that it fixed. The court 2,054
of the county in which the child is placed may adopt the terms 2,055
and conditions as an order of the court and may add any
additional consistent terms and conditions it considers 2,056
appropriate, PROVIDED THAT THE COURT MAY NOT ADD ANY TERM OR 2,058
CONDITION THAT DECREASES THE LEVEL OR DEGREE OF SUPERVISION 2,059
SPECIFIED BY THE DEPARTMENT IN ITS PLAN, THAT SUBSTANTIALLY 2,060
INCREASES THE FINANCIAL BURDEN OF SUPERVISION THAT WILL BE 2,061
EXPERIENCED BY THE DEPARTMENT, OR THAT ALTERS THE PLACEMENT 2,062
SPECIFIED BY THE DEPARTMENT IN ITS PLAN. Any violations of the 2,063
terms and conditions established in its journal entry by the 2,064
court of the county in which the child is placed OF THE CHILD'S 2,065
JUDICIAL RELEASE OR EARLY RELEASE shall be handled pursuant to 2,066
division (B)(D) of section 2151.38 of the Revised Code. 2,067
(C) When a child has been committed to the department of 2,069
youth services, it may do any of the following: 2,070
51
(1) If the child was committed pursuant to division (A)(4) 2,072
or (5) of section 2151.355 of the Revised Code and has been 2,073
institutionalized or institutionalized in a secure facility for 2,074
the prescribed minimum periods of time under those divisions, 2,076
order the child's release on parole under the supervision and 2,078
conditions that it believes conducive to law-abiding conduct or 2,079
order replacement or renewed parole as often as conditions 2,080
indicate it to be desirable; provided that the department shall 2,081
notify the committing court, in writing, of the terms of 2,082
supervision and the conditions of the release at least fifteen 2,083
days prior to the scheduled date of release.
(2) Notwithstanding the provisions of this chapter or 2,085
Chapter 2151. of the Revised Code that prescribe required periods 2,086
of institutionalization, transfer the child to any other state 2,088
institution, whenever it appears that the child by reason of 2,089
mental illness, mental retardation, or other developmental 2,090
disability ought to be in another state institution. Before 2,091
transferring a child to any other state institution, the 2,092
department shall include in the minutes a record of the order of 2,093
transfer and the reason for the transfer and, at least seven days 2,094
prior to the transfer, shall send a certified copy of the order 2,095
to the person shown by its record to have had the care or custody 2,096
of the child immediately prior to the child's commitment. Except 2,097
as provided in division (C)(3)(2) of this section, no person 2,098
shall be transferred from a benevolent institution to a 2,100
correctional institution or to a facility or institution operated 2,101
by the department of youth services. 2,102
(3)(2) Notwithstanding the provisions of this chapter or 2,104
Chapter 2151. of the Revised Code that prescribe required periods 2,105
of institutionalization, transfer the child under section 2,106
5120.162 of the Revised Code to a correctional medical center 2,108
established by the department of rehabilitation and correction, 2,109
whenever the child has an illness, physical condition, or other 2,110
medical problem and it appears that the child would benefit from 2,111
52
diagnosis or treatment at the center for that illness, condition, 2,112
or problem. Before transferring a child to a center, the 2,113
department of youth services shall include in the minutes a 2,114
record of the order of transfer and the reason for the transfer 2,115
and, except in emergency situations, at least seven days prior to 2,116
the transfer, shall send a certified copy of the order to the 2,117
person shown by its records to have had the care or custody of 2,118
the child immediately prior to the child's commitment. If the 2,119
transfer of the child occurs in an emergency situation, as soon 2,120
as possible after the decision is made to make the transfer, the 2,121
department of youth services shall send a certified copy of the 2,122
order to the person shown by its records to have had the care or 2,123
custody of the child immediately prior to the child's commitment. 2,124
A transfer under this division shall be in accordance with the 2,125
terms of the agreement the department of youth services enters 2,126
into with the department of rehabilitation and correction under 2,127
section 5120.162 of the Revised Code and shall continue only as 2,128
long as the child reasonably appears to receive benefit from 2,129
diagnosis or treatment at the center for an illness, physical 2,130
condition, or other medical problem. 2,131
(4)(3) Revoke or modify any order of the department except 2,133
an order of discharge as often as conditions indicate it to be 2,134
desirable; 2,135
(5) If the child was committed pursuant to division (A)(4) 2,137
or (5) of section 2151.355 of the Revised Code and has been 2,138
institutionalized or institutionalized in a secure facility for 2,139
the prescribed minimum periods of time under those divisions, 2,141
discharge the child from its custody and control when it is 2,142
satisfied that the discharge is consistent with the welfare of 2,143
the individual and protection of the public. The department shall 2,144
notify the committing court, in writing, that it is going to 2,145
discharge the child at least fifteen days before the scheduled 2,146
date of discharge and, upon the discharge, immediately shall 2,147
certify the discharge in writing and transmit the certificate to 2,148
53
the committing court.
(6)(4) If the child was committed pursuant to division 2,150
(A)(4) or (5) of section 2151.355 of the Revised Code and has 2,151
been institutionalized or institutionalized in a secure facility 2,152
for the prescribed minimum periods of time under those divisions, 2,154
assign the child to a family home, a group care facility, or 2,156
other place maintained under public or private auspices, within 2,157
or without this state, for necessary treatment and 2,158
rehabilitation, the costs of which may be paid by the department, 2,159
provided that the department shall notify the committing court, 2,160
in writing, of the place and terms of the assignment at least 2,161
fifteen days prior to the scheduled date of the assignment. 2,162
(5) RELEASE THE CHILD FROM AN INSTITUTION IN ACCORDANCE 2,165
WITH SECTIONS 5139.51 TO 5139.54 OF THE REVISED CODE IN THE 2,166
CIRCUMSTANCES DESCRIBED IN THOSE SECTIONS. 2,167
(D) The department of youth services shall notify the 2,169
committing court of any order transferring the physical location 2,170
of any child committed to it in accordance with section 5139.35 2,171
of the Revised Code. Upon the discharge from its custody and 2,172
control, the department may petition the court for an order 2,173
terminating its custody and control. 2,174
(E) If a child is released on parole under division (C)(1) 2,176
of this section or is assigned to a family home, group care 2,177
facility, or other place for treatment or rehabilitation under 2,178
division (C)(6) of this section, the department shall comply with 2,179
divisions (D) and (E) of section 2151.38 of the Revised Code 2,180
relative to the child and shall send the committing court and the 2,181
juvenile court of the county in which the child is placed a copy 2,182
of the plan and the terms and conditions of the release or 2,183
assignment that it fixed. The court of the county in which the 2,184
child is placed may adopt the terms and conditions as an order of 2,185
the court and may add any additional consistent terms and 2,186
conditions it considers appropriate. Any violations of the terms 2,187
and conditions established in its journal entry by the court of 2,188
54
the county in which the child is placed shall be handled pursuant 2,189
to division (C) of section 2151.38 of the Revised Code. 2,190
Sec. 5139.07. As a means of correcting the socially 2,199
harmful tendencies of a child committed to it, the department of 2,200
youth services may require participation by him THE CHILD in 2,201
vocational, physical, educational, and corrective training and 2,203
activities, and the conduct and modes of life that seem best 2,204
adapted to rehabilitate him THE CHILD and fit him THE CHILD for 2,206
return to full liberty without danger to the public welfare. 2,207
This section does not permit the department to release a child 2,208
committed to it from institutional care or institutional care in 2,209
a secure facility, whichever is applicable, other than in 2,210
accordance with sections 2151.38, 5139.06, and 5139.38, AND 2,211
5139.50 TO 5139.54 of the Revised Code. 2,212
The department may require a child committed to it to 2,214
return to his THE CHILD'S home or to be placed in a foster care 2,215
placement if it is authorized to make a placement of that nature 2,216
under sections 2151.38, 5139.06, and 5139.38, AND 5139.50 TO 2,217
5139.54 of the Revised Code. Any placement of that nature shall 2,218
be made in accordance with those sections. The legal residence 2,219
of a child so placed by the department is the place the child is 2,220
residing in accordance with a department order of placement. The 2,221
school district responsible for payment of tuition on behalf of 2,222
the child so placed shall be determined pursuant to section 2,223
3313.64 or 3313.65 of the Revised Code. 2,224
Sec. 5139.08. The department of youth services may enter 2,233
into an agreement with the director of rehabilitation and 2,234
correction pursuant to which the department of youth services, in 2,235
accordance with division (C)(3)(2) of section 5139.06 and section 2,237
5120.162 of the Revised Code, may transfer to a correctional
medical center established by the department of rehabilitation 2,238
and correction, children who are within its custody for diagnosis 2,239
or treatment of an illness, physical condition, or other medical 2,240
problem. The department of youth services may enter into any 2,241
55
other agreements with the director of human services, the 2,242
director of mental health, the director of mental retardation and 2,243
developmental disabilities, the director of rehabilitation and 2,244
correction, with the courts having probation officers or other 2,245
public officials, and with private agencies or institutions for 2,246
separate care or special treatment of children subject to the 2,247
control of the department of youth services. The department of 2,248
youth services may, upon the request of a juvenile court not 2,249
having a regular probation officer, provide probation services 2,250
for such court. 2,251
Upon request by the department of youth services, any 2,253
public agency or group care facility established or administered 2,254
by the state for the care and treatment of children and youth 2,255
shall, consistent with its functions, accept and care for any 2,256
child whose custody is vested in the department in the same 2,257
manner as it would be required to do if custody had been vested 2,258
by a court in such agency or group care facility. If the 2,259
department has reasonable grounds to believe that any child or 2,260
youth whose custody is vested in it is mentally ill or mentally 2,261
retarded, the department may file an affidavit under section 2,262
5122.11 or 5123.76 of the Revised Code. The department's 2,263
affidavit for admission of a child or youth to such institution 2,264
shall be filed with the probate court of the county from which 2,265
the child was committed to the department. Such court may 2,266
request the probate court of the county in which the child is 2,267
held to conduct the hearing on the application, in which case the 2,268
court making such request shall bear the expenses of the 2,269
proceeding. If the department files such an affidavit, the child 2,270
or youth may be kept in such institution until a final decision 2,271
on the affidavit is made by the appropriate court. 2,272
Sec. 5139.18. (A) The EXCEPT WITH RESPECT TO CHILDREN WHO 2,281
ARE GRANTED A JUDICIAL RELEASE PURSUANT TO DIVISION (B) OF 2,282
SECTION 2151.38 OF THE REVISED CODE, THE department of youth 2,283
services is responsible for locating homes or jobs for children 2,284
56
released from its institutions, for supervision of children 2,285
released from its institutions, and for providing or arranging 2,286
for the provision to those children of appropriate services that 2,287
are required to facilitate their satisfactory community 2,288
adjustment.
(B) The department of youth services shall exercise 2,290
general supervision over all children who have been released on 2,291
placement from any of the its institutions OTHER THAN CHILDREN 2,292
WHO ARE GRANTED A JUDICIAL RELEASE PURSUANT TO DIVISION (B) OF 2,293
SECTION 2151.38 OF THE REVISED CODE. The director of youth 2,295
services, with the consent and approval of the board of county 2,296
commissioners of any county, may contract with the department of 2,297
human services of that county, if the department has assumed the 2,298
administration of child welfare, the children services board of 2,299
that county, the department of probation of that county 2,300
established pursuant to section 2301.27 of the Revised Code, or 2,301
the probation department or service established pursuant to 2,302
sections 2151.01 to 2151.54 of the Revised Code for the provision 2,303
of direct supervision and control over and the provision of 2,304
supportive assistance to all children who have been released on 2,305
placement into that county from any of its institutions, or, with 2,306
the consent of the juvenile judge or the administrative judge of 2,307
the juvenile court of any county, contract with any other public 2,308
agency, institution, or organization that is qualified to provide 2,309
the care and supervision that is required under the terms and 2,310
conditions of the child's treatment plan for the provision of 2,311
direct supervision and control over and the provision of 2,312
supportive assistance to all children who have been released on 2,313
placement into that county from any of its institutions. 2,314
(D)(C) Whenever any placement official has reasonable 2,316
cause to believe that any child RELEASED BY A COURT PURSUANT TO 2,317
SECTION 2151.38 OF THE REVISED CODE has violated the terms and 2,318
conditions of his THE CHILD'S placement, the official may 2,319
request, in writing, from the committing court or transferee 2,320
57
court a custodial order, and, upon reasonable and probable cause, 2,321
the court may order any sheriff, deputy sheriff, constable, or 2,322
police officer to apprehend the child. A child so apprehended 2,323
may be confined in the detention home of the county in which he 2,324
THE CHILD is apprehended until further order of the court. IF A 2,325
CHILD WHO WAS RELEASED ON SUPERVISED RELEASE BY THE RELEASE 2,326
AUTHORITY OF THE DEPARTMENT OF YOUTH SERVICES VIOLATES THE TERMS 2,327
AND CONDITIONS OF THE SUPERVISED RELEASE, SECTION 5139.52 OF THE 2,328
REVISED CODE APPLIES WITH RESPECT TO THAT CHILD. 2,330
Sec. 5139.20. (A) Notwithstanding any other provision of 2,339
the Revised Code that sets forth the minimum periods or period 2,340
for which a child committed to the department of youth services 2,341
is to be institutionalized or institutionalized in a secure 2,342
facility or the procedures for the JUDICIAL RELEASE OR early 2,343
release from institutional care or institutional care in a secure 2,344
facility, the department may grant emergency releases to children 2,345
confined in state juvenile institutions if the governor, upon 2,346
request of the director of the department authorizes the 2,347
director, in writing, to issue a declaration that an emergency 2,348
overcrowding condition exists in all of the institutions in which 2,349
males are confined, or in all of the institutions in which 2,350
females are confined, that are under the control of the 2,351
department. If the governor authorizes the issuance of a 2,352
declaration, the director may issue the declaration. If the 2,353
director issues the declaration, the director shall file a copy 2,355
of it with the secretary of state, which copy shall be a public 2,356
record. Upon the filing of the copy, the department is 2,357
authorized to grant emergency releases to children within its 2,358
custody subject to division (B) of this section. The authority 2,359
to grant the emergency releases shall continue until the 2,360
expiration of thirty days from the day on which the declaration 2,361
was filed. The director shall not issue a declaration that an 2,362
emergency overcrowding condition exists unless the director 2,363
determines that no other method of alleviating the overcrowding 2,365
58
condition is available.
(B)(1) If the department is authorized under division (A) 2,367
of this section to grant emergency releases to children within 2,368
its custody, the department shall determine which, if any, 2,369
children to release under that authority only in accordance with 2,370
this division and divisions (C), (D), and (E) of this section. 2,371
The department, in determining which, if any, children to 2,372
release, initially shall classify each child within its custody 2,373
according to the degree of offense that the act for which the 2,374
child is serving the period of institutionalization would have 2,375
been if committed by an adult. The department then shall 2,376
scrutinize individual children for emergency release, based upon 2,377
their degree of offense, in accordance with the categories and 2,378
the order of consideration set forth in division (B)(2) of this 2,379
section. After scrutiny of all children within the particular 2,381
category under consideration, the department shall designate 2,382
individual children within that category to whom it wishes to 2,383
grant an emergency release.
(2) The categories of children in the custody of the 2,385
department that may be considered for emergency release under 2,386
this section, and the order in which the categories shall be 2,387
considered, are as follows: 2,388
(a) Initially, only children who are not serving a period 2,390
of institutionalization for an act that would have been 2,391
aggravated murder, murder, or a felony of the first, second, 2,392
third, or fourth degree if committed by an adult or for an act 2,393
that was committed before the effective date of this amendment 2,394
and that would have been an aggravated felony of the first, 2,395
second, or third degree if committed by an adult may be
considered. 2,396
(b) When all children in the category described in 2,398
division (B)(2)(a) of this section have been scrutinized and all 2,399
children in that category who have been designated for emergency 2,400
release under division (B)(1) of this section have been so 2,401
59
released, then all children who are not serving a period of 2,402
institutionalization for an act that would have been aggravated 2,403
murder, murder, or a felony of the first or second degree if 2,404
committed by an adult or for an act that was committed before the 2,405
effective date of this amendment and that would have been an 2,406
aggravated felony of the first or second degree if committed by 2,407
an adult may be considered.
(c) When all children in the categories described in 2,409
divisions (B)(2)(a) and (b) of this section have been scrutinized 2,410
and all children in those categories who have been designated for 2,411
emergency release under division (B)(1) of this section have been 2,412
released, then all children who are not serving a term of 2,413
institutionalization for an act that would have been aggravated 2,414
murder, murder, or a felony of the first degree if committed by 2,415
an adult or for an act that was committed before the effective 2,416
date of this amendment and that would have been an aggravated 2,417
felony of the first or second degree if committed by an adult may 2,418
be considered.
(d) In no case shall the department consider for emergency 2,420
release any child who is serving a term of institutionalization 2,422
for an act that would have been aggravated murder, murder, or a 2,423
felony of the first degree if committed by an adult or for an act 2,424
that was committed before the effective date of this amendment 2,425
and that would have been an aggravated felony of the first degree 2,426
if committed by an adult, and in no case shall the department 2,427
grant an emergency release to any such child pursuant to this
section. 2,428
(C) An emergency release granted pursuant to this section 2,430
shall consist of one of the following: 2,431
(1) A SUPERVISED release on parole under supervision TERMS 2,434
and conditions that the department believes conducive to
law-abiding conduct; 2,435
(2) A discharge of the child from the custody and control 2,437
of the department if the department is satisfied that the 2,438
60
discharge is consistent with the welfare of the individual and 2,439
protection of the public; 2,440
(3) An assignment to a family home, a group care facility, 2,442
or other place maintained under public or private auspices, 2,443
within or without this state, for necessary treatment or 2,444
rehabilitation, the costs of which may be paid by the department. 2,445
(D) If a child is granted an emergency release pursuant to 2,447
this section, the child thereafter shall be considered to have 2,448
been institutionalized or institutionalized in a secure facility 2,449
for the prescribed minimum period of time or prescribed time 2,451
under division (A)(4), (5), or (7) of section 2151.355 of the 2,452
Revised Code. The department shall retain legal custody of a 2,453
child so released until it discharges the child or until its 2,454
custody is terminated as otherwise provided by law. 2,455
(E)(1) If a child is granted an emergency release so that 2,457
the child is released on parole SUPERVISED RELEASE or assigned to 2,459
a family home, group care facility, or other place for treatment
or rehabilitation, the department shall prepare a written 2,461
treatment and rehabilitation plan for the child in accordance 2,462
with division (D)(E) of section 2151.38 of the Revised Code, 2,463
which shall include the terms and conditions of the child's 2,465
release or assignment, and shall send the committing court and 2,467
the juvenile court of the county in which the child is placed a 2,468
copy of the plan and the terms and conditions that it fixed. The 2,469
court of the county in which the child is placed may adopt the 2,470
terms and conditions as an order of the court and may add any 2,471
additional consistent terms and conditions it considers 2,472
appropriate. If a child is released on parole SUPERVISED RELEASE 2,473
or is assigned subject to specified terms and conditions and the 2,475
court of the county in which the child is placed has reason to 2,476
believe that the child has CHILD'S DEPORTMENT IS not deported 2,477
himself or herself in accordance with any post-release terms and 2,478
conditions established by the court in its journal entry, the 2,479
court of the county in which the child is placed, in its 2,480
61
discretion, may schedule a time for a hearing on whether the 2,481
child violated any of the post-release terms and conditions. If 2,482
the THAT court of the county in which the child is placed 2,484
conducts a hearing and determines at the hearing that the child 2,485
violated any of the post-release terms and conditions established 2,486
in its journal entry, the court, if it determines that the 2,487
violation of the terms and conditions was a serious violation, 2,488
may order the child to be returned to the department of youth 2,489
services for institutionalization or, in any case, may make any 2,490
other disposition of the child authorized by law that the court 2,491
considers proper. If the court of the county in which the child 2,492
is placed orders the child to be returned to a department of 2,493
youth services institution, the child shall remain
institutionalized for a minimum period of three months. 2,494
(2) The department also shall file a written progress 2,496
report with the committing court regarding each child granted an 2,497
emergency release pursuant to this section at least once every 2,498
thirty days unless specifically directed otherwise by the court. 2,499
The report shall include the information required of reports 2,500
described in division (E)(F) of section 2151.38 of the Revised 2,501
Code. 2,502
Sec. 5139.35. (A) Except as provided in division (C) of 2,511
this section and division (C)(3)(2) of section 5139.06 of the 2,512
Revised Code, the department of youth services shall not place a 2,513
child committed to it pursuant to division (A)(6) of section 2,514
2151.355 of the Revised Code or one committed to it pursuant to 2,515
division (A)(4), (5), or (7) of that section who has not been 2,516
institutionalized or institutionalized in a secure facility for 2,517
the prescribed minimum periods or prescribed period of 2,518
institutionalization under those divisions in an institution with 2,519
a less restrictive setting than that in which the child was 2,520
originally placed, other than an institution under the management 2,521
and control of the department, without first obtaining the prior 2,522
consent of the committing court. 2,523
62
(B) Except as provided in division (C) of this section, 2,525
the department of youth services shall notify the committing 2,526
court, in writing, of any placement of a child committed to it 2,527
pursuant to division (A)(4), (5), or (7) of section 2151.355 of 2,528
the Revised Code who has been institutionalized or 2,529
institutionalized in a secure facility for the prescribed minimum 2,531
periods or prescribed period of institutionalization under those
divisions in an institution with a less restrictive setting than 2,533
that in which the child was originally placed, other than an 2,534
institution under the management and control of the department, 2,535
at least fifteen days before the scheduled date of placement. 2,536
(C) If, pursuant to division (C)(3)(2) of section 5139.06 2,538
of the Revised Code, the department of youth services transfers a 2,539
child committed to it pursuant to division (A)(4), (5), (6), or 2,541
(7) of section 2151.355 of the Revised Code to a correctional
medical center established by the department of rehabilitation 2,542
and correction, the department of youth services shall send the 2,543
committing court a certified copy of the transfer order. 2,544
Sec. 5139.38. Within ninety days prior to the expiration 2,553
of the prescribed minimum period of institutionalization of a 2,554
felony delinquent committed to the department of youth services 2,555
and with prior notification to the committing court, the 2,556
department may transfer the felony delinquent to a community 2,557
facility for a period of supervised treatment prior to ordering a 2,558
release of the felony delinquent on parole SUPERVISED RELEASE or 2,559
prior to the release AND PLACEMENT of the felony delinquent on 2,560
aftercare placement as described in section 5139.18 of the 2,562
Revised Code. For purposes of transfers under this section, both 2,563
of the following apply:
(A) The community facility may be a community corrections 2,565
facility that has received a grant pursuant to section 5139.36 of 2,566
the Revised Code, a community residential program with which the 2,567
department has contracted for purposes of this section, or 2,568
another private entity with which the department has contracted 2,569
63
for purposes of this section. Division (E) of section 5139.36 of 2,570
the Revised Code does not apply in connection with a transfer of 2,571
a felony delinquent that is made to a community corrections 2,572
facility pursuant to this section. 2,573
(B) During the period in which the felony delinquent is in 2,575
the community facility, he THE FELONY DELINQUENT shall remain in 2,576
the custody of the department. 2,577
Sec. 5139.43. (A) On and after January 1, 1995, the 2,586
department of youth services shall operate a felony delinquent 2,587
care and custody program with the remainder of the appropriation 2,588
described in division (E) of section 5139.41 of the Revised Code. 2,590
The program shall be operated in accordance with the formula 2,591
developed pursuant to sections 5139.41 and 5139.42 of the Revised 2,592
Code, subject to the conditions specified in this section, and in 2,593
conjunction with the contingency program described in section 2,594
5139.45 of the Revised Code. 2,595
(B)(1) The department of youth services annually shall 2,597
allocate to each county a portion of the remainder of the 2,598
appropriation described in division (E) of section 5139.41 of the 2,600
Revised Code. The portion to be allocated to each county shall 2,601
be determined by multiplying the county's percentage determined 2,602
under division (E) of section 5139.42 of the Revised Code by the 2,603
amount of that remainder. The department shall divide the 2,604
portion to be allocated to each county by twelve or, if in a 2,605
particular fiscal year the felony delinquent care and custody 2,606
program is in effect in a county less than twelve months, by the 2,607
number of months the program is in effect in that county to 2,608
determine the monthly allocation to that county.
(2)(a) Except as provided in division (B)(2)(b) of this 2,610
section, the department shall reduce the monthly allocation for 2,611
each fiscal year to each county as determined under division 2,612
(B)(1) of this section by both of the following: 2,613
(i) Seventy-five per cent of the amount determined by 2,616
multiplying the per diem cost for the care and custody of felony 2,617
64
delinquents, as determined pursuant to division (D) of section 2,618
5139.42 of the Revised Code, by the number of felony delinquents 2,619
who have been adjudicated delinquent children and, except as 2,620
otherwise provided in divisions (B)(2)(a) and (3) of this 2,621
section, who are in the care and custody of an institution 2,622
pursuant to a commitment, recommitment, or revocation of a 2,623
release on parole by the juvenile court of that county;
(ii) Fifty per cent of the amount determined by 2,625
multiplying the per diem cost for the care and custody of felony 2,626
delinquents, as determined pursuant to division (D) of section 2,627
5139.42 of the Revised Code, by the number of felony delinquents 2,628
who have been adjudicated delinquent children and, except as 2,629
otherwise provided in divisions (B)(2)(a) and (3) of this 2,630
section, who are in the care and custody of a community 2,631
corrections facility pursuant to a placement by the department 2,632
with the consent of the juvenile court of that county as 2,633
described in division (E) of section 5139.36 of the Revised Code. 2,634
Public safety beds shall not be included in the number of 2,637
felony delinquents who have been adjudicated delinquent children 2,638
by a juvenile court in making the seventy-five per cent or fifty 2,639
per cent reductions described in divisions (B)(2)(a)(i) and (ii) 2,642
of this section. The department shall bear the care and custody 2,643
costs associated with public safety beds. 2,644
(b) If a county has exhausted its current and future 2,646
monthly allocations for the current fiscal year as determined 2,647
under division (B)(1) of this section, the department shall bear 2,648
the remainder of the amounts calculated under divisions 2,649
(B)(2)(a)(i) and (ii) of this section for the care and custody of 2,650
felony delinquents who are in the care and custody of an 2,651
institution pursuant to a commitment, recommitment, or revocation 2,652
of a release on parole or in the care and custody of a community 2,653
corrections facility by debiting, in accordance with division 2,655
(C)(2) of section 5139.45 of the Revised Code, the amount of the 2,656
appropriation for care and custody of felony delinquents that was 2,657
65
set aside for the contingency program pursuant to division (A) of 2,658
section 5139.41 of the Revised Code.
(3)(a) Subject to divisions (B)(2)(b) and (4) of this 2,660
section and subject to the special provisions of division 2,661
(B)(3)(b) of this section pertaining to monthly allocations under 2,663
divisions (B)(1) and (2)(a) of this section for the month of 2,664
June, after the application of division (B)(2)(a) of this section 2,665
and on or before the fifteenth day of the following month, the 2,666
department shall disburse to the juvenile court of each county 2,667
the remainder of the monthly allocation of that county as 2,668
determined pursuant to divisions (B)(1) and (2)(a) of this 2,669
section.
(b)(i) For the monthly allocation for the month of June of 2,672
each fiscal year, the department shall estimate for each county
the number of felony delinquents described in divisions 2,673
(B)(2)(a)(i) and (ii) of this section rather than use the actual 2,675
number of those felony delinquents, shall use the estimated 2,676
number of those felony delinquents in making the seventy-five per 2,678
cent and fifty per cent reductions described in those divisions,
and shall encumber the remainder of the estimated monthly 2,679
allocation of each county for the month of June, as determined 2,680
pursuant to divisions (B)(1), (2)(a), and (3)(b)(i) of this 2,682
section, for disbursement in the month of July of the next fiscal
year in accordance with division (B)(3)(b)(ii) of this section. 2,684
If the total of the seventy-five per cent and fifty per cent 2,685
reductions described in division (B)(2)(a) of this section 2,686
exceeds the estimated monthly allocation of a county for the
month of June as so determined, the department may cover the 2,687
amount of the excess by debiting, in accordance with division 2,688
(C)(2) of section 5139.45 of the Revised Code, the amount of the 2,690
appropriation for care and custody of felony delinquents that was 2,691
set aside for the contingency program pursuant to division (A) of 2,692
section 5139.41 of the Revised Code.
(ii) In the month of July of each new fiscal year, the 2,694
66
department shall reconcile for each county the estimated 2,695
reductions that occurred pursuant to divisions (B)(2)(a) and 2,696
(3)(b)(i) of this section and the reductions that should have 2,698
occurred pursuant to division (B)(2)(a) of this section by using 2,699
the actual number of felony delinquents described in divisions 2,700
(B)(2)(a)(i) and (ii) of this section for the month of June of 2,701
the prior fiscal year. After that reconciliation occurs, subject 2,702
to divisions (B)(2)(b) and (4) of this section, the department 2,703
shall disburse to each county the remainder of its monthly 2,704
allocation for the month of June of the prior fiscal year as 2,705
adjusted pursuant to the reconciliation and division 2,706
(B)(3)(b)(ii) of this section. 2,708
In connection with the adjustments in the monthly 2,710
allocations for the month of June of the prior fiscal year, if 2,711
the encumbered monthly allocations of one or more counties for 2,712
that month exceed or are less than the monthly allocations for 2,713
that month to which those counties are entitled under divisions 2,714
(B)(1) and (2)(a) of this section by using the actual number of 2,715
felony delinquents described in divisions (B)(2)(a)(i) and (ii) 2,716
of this section rather than the estimated number of those felony 2,717
delinquents, the department may make the necessary adjustments in 2,718
the monthly allocations of those counties for the month of June 2,719
of the prior fiscal year within the total of the moneys for 2,720
monthly allocations for that month that were encumbered for all 2,721
of the counties. If that total amount is insufficient to make 2,722
the requisite monthly allocations for that month to all counties
in accordance with divisions (B)(1) and (2)(a) of this section, 2,724
the department shall cover the insufficiency by debiting, in 2,725
accordance with division (C)(2) of section 5139.45 of the Revised 2,726
Code, the amount of the appropriation for care and custody of
felony delinquents that was set aside for the contingency program 2,727
pursuant to division (A) of section 5139.41 of the Revised Code. 2,728
(4) Notwithstanding the general disbursement requirements 2,731
of division (B)(3)(a) and (b)(ii) of this section, if a juvenile 2,732
67
court fails to comply with division (C)(3)(d) of this section and 2,733
the department is not able to reconcile fiscal accounting as a 2,734
consequence of that failure, the department is not required to
make any disbursement in accordance with division (B)(3)(a) or 2,735
(b)(ii) of this section to the juvenile court until it complies 2,737
with division (C)(3)(d) of this section.
(C)(1) Each juvenile court shall use the moneys disbursed 2,739
to it by the department of youth services pursuant to division 2,740
(B) of this section in accordance with division (C)(2) of this 2,741
section and shall transmit the moneys to the county treasurer for 2,742
deposit in accordance with this division. The county treasurer 2,743
shall create in the county treasury a fund that shall be known as 2,745
the felony delinquent care and custody fund and shall deposit in 2,746
that fund the moneys disbursed to the juvenile court pursuant to 2,747
division (B) of this section. The moneys in the fund shall not 2,748
be commingled with any other county funds; shall not be used for 2,749
any capital construction projects; upon an order of the juvenile 2,750
court and subject to appropriation by the board of county 2,751
commissioners, shall be disbursed to the juvenile court for use 2,752
in accordance with division (C)(2) of this section; shall not 2,753
revert to the county general fund at the end of any fiscal year; 2,754
and shall carry over in the felony delinquent care and custody
fund from the end of any fiscal year to the next fiscal year. 2,756
The moneys in the fund shall be in addition to, and shall not be 2,757
used to reduce, any usual annual increase in county funding that 2,758
the juvenile court is eligible to receive or the current level of 2,759
county funding of the juvenile court and of any programs or 2,760
services for delinquent children, unruly children, or juvenile 2,761
traffic offenders. 2,762
(2)(a) A juvenile court shall use the moneys in its felony 2,764
delinquent care and custody fund as follows: 2,765
(i) To provide programs and services for the training, 2,767
treatment, or rehabilitation of felony delinquents that are 2,768
alternatives to their commitment to the department, including, 2,769
68
but not limited to, community residential programs, day treatment 2,770
centers, services within the home, and electronic monitoring; 2,771
(ii) In connection with training, treatment, 2,773
rehabilitation, early intervention, or other programs or services 2,774
for any delinquent child, unruly child, or juvenile traffic 2,775
offender who is under the jurisdiction of the juvenile court. 2,776
For purposes of division (C)(2)(a)(ii) of this section, a 2,777
delinquent child includes a child who is so adjudicated for the 2,778
commission of an act that if committed by an adult would be a 2,779
misdemeanor or felony. 2,780
(b) Each juvenile court shall comply with division 2,782
(C)(3)(d) of this section as implemented by the department. If a 2,783
juvenile court fails to comply with that division and the 2,784
department is not able to reconcile fiscal accounting as a 2,785
consequence of the failure, the provisions of division (B)(4) of
this section shall apply. 2,786
(3) In accordance with rules adopted by the department 2,788
pursuant to section 5139.04 of the Revised Code, each juvenile 2,789
court shall do all of the following: 2,790
(a) File with the department a plan pertaining to the use, 2,792
upon an order of the juvenile court and subject to appropriation 2,793
by the board of county commissioners, of the moneys in its felony 2,794
delinquent care and custody fund for specified programs and 2,795
services as described in division (C)(2)(a) of this section. The 2,796
plan shall include a method of ensuring equal access for minority 2,797
youth to the programs and services. 2,798
(b) By the thirty-first day of January of each year, file 2,800
with the department a report containing all of the statistical 2,801
and other information for each month of the prior calendar year 2,802
that will permit the department to prepare the report described 2,803
in division (D) of this section; 2,804
(c) If the department requires the juvenile court to 2,806
prepare monthly statistical reports for use under section 5139.42 2,807
of the Revised Code and to submit the reports on forms provided 2,808
69
by the department, file those reports with the department on the 2,809
forms so provided; 2,810
(d) If the department requires the juvenile court to 2,812
participate in any fiscal monitoring or other program that is 2,813
conducted by the department to ensure compliance by the juvenile 2,814
court and its county with division (C) of this section, 2,815
participate in the fiscal monitoring or other program and fully
comply with any guidelines for the performance of audits adopted 2,816
by the department pursuant to that program and all requests made 2,817
by the department pursuant to that program for information 2,818
necessary to reconcile fiscal accounting. 2,819
(D) On or prior to the first day of April of each year, 2,822
the department of youth services shall submit to the joint 2,823
legislative committee on juvenile corrections overcrowding a 2,824
report that pertains to the operation of sections 5139.41 to 2,825
5139.45 of the Revised Code during the immediately preceding 2,826
calendar year and that includes, but is not limited to, the 2,827
following: 2,828
(1) A description of the programs and services that were 2,830
financed under those sections in each county; 2,831
(2) The number of felony delinquents, other delinquent 2,833
children, unruly children, and juvenile traffic offenders served 2,834
by the programs and services in each county; 2,835
(3) The total number of felony level delinquency children 2,837
adjudicated in each juvenile court to be delinquent children for 2,838
acts that if committed by an adult would be a felony; 2,839
(4) The total number of felony delinquents who were 2,841
committed by the juvenile court of each county to the department 2,842
and who were in the care and custody of an institution or a 2,843
community corrections facility; 2,844
(5) A breakdown of the felony delinquents described in 2,846
division (D)(4) of this section on the basis of the types and 2,847
degrees of felonies committed, the ages of the felony delinquents 2,848
at the time they committed the felonies, and the sex and race of 2,849
70
the felony delinquents. 2,850
Sec. 5139.50. (A) THE RELEASE AUTHORITY OF THE DEPARTMENT 2,852
OF YOUTH SERVICES IS HEREBY CREATED AS AN INDEPENDENT 2,854
ADMINISTRATIVE DIVISION IN THE DEPARTMENT. THE RELEASE AUTHORITY 2,855
SHALL CONSIST OF FIVE MEMBERS WHO ARE APPOINTED BY THE DIRECTOR 2,856
OF YOUTH SERVICES AND WHO HAVE THE QUALIFICATIONS SPECIFIED IN 2,857
DIVISION (B) OF THIS SECTION. THE MEMBERS OF THE RELEASE 2,858
AUTHORITY SHALL DEVOTE THEIR FULL TIME TO THE DUTIES OF THE 2,859
RELEASE AUTHORITY AND SHALL NEITHER SEEK NOR HOLD OTHER PUBLIC 2,860
OFFICE. THE MEMBERS SHALL BE IN THE UNCLASSIFIED CIVIL SERVICE. 2,861
(B) A PERSON APPOINTED AS A MEMBER OF THE RELEASE 2,863
AUTHORITY SHALL HAVE A BACHELOR'S DEGREE FROM AN ACCREDITED 2,864
COLLEGE OR UNIVERSITY OR EQUIVALENT RELEVANT EXPERIENCE AND SHALL 2,865
HAVE THE SKILLS, TRAINING, OR EXPERIENCE NECESSARY TO ANALYZE 2,867
ISSUES OF LAW, ADMINISTRATION, AND PUBLIC POLICY. THE MEMBERSHIP 2,868
OF THE RELEASE AUTHORITY SHALL REPRESENT, INSOFAR AS PRACTICABLE, 2,869
THE DIVERSITY FOUND IN THE CHILDREN IN THE LEGAL CUSTODY OF THE 2,870
DEPARTMENT OF YOUTH SERVICES. 2,871
IN APPOINTING THE FIVE MEMBERS, THE DIRECTOR SHALL ENSURE 2,873
THAT THE APPOINTMENTS INCLUDE ALL OF THE FOLLOWING: 2,874
(1) AT LEAST FOUR MEMBERS WHO HAVE FIVE OR MORE YEARS OF 2,877
EXPERIENCE IN CRIMINAL JUSTICE, JUVENILE JUSTICE, OR AN
EQUIVALENT RELEVANT PROFESSION; 2,878
(2) AT LEAST ONE MEMBER WHO HAS EXPERIENCE IN VICTIM 2,880
SERVICES OR ADVOCACY OR WHO HAS BEEN A VICTIM OF A CRIME OR IS A 2,881
FAMILY MEMBER OF A VICTIM; 2,882
(3) AT LEAST ONE MEMBER WHO HAS EXPERIENCE IN DIRECT CARE 2,885
SERVICES TO DELINQUENT CHILDREN;
(4) AT LEAST ONE MEMBER WHO HOLDS A JURIS DOCTOR DEGREE 2,887
FROM AN ACCREDITED COLLEGE OR UNIVERSITY. 2,888
(C) THE INITIAL APPOINTMENTS OF MEMBERS OF THE RELEASE 2,891
AUTHORITY SHALL BE FOR A TERM OF SIX YEARS FOR THE CHAIRPERSON 2,892
AND ONE MEMBER, A TERM OF FOUR YEARS FOR TWO MEMBERS, AND A TERM 2,893
OF TWO YEARS FOR ONE MEMBER. THEREAFTER, MEMBERS SHALL BE 2,894
71
APPOINTED FOR SIX-YEAR TERMS. AT THE CONCLUSION OF A TERM, A 2,895
MEMBER SHALL HOLD OFFICE UNTIL THE APPOINTMENT AND QUALIFICATION 2,896
OF THE MEMBER'S SUCCESSOR. THE DIRECTOR SHALL FILL A VACANCY 2,897
OCCURRING BEFORE THE EXPIRATION OF A TERM FOR THE REMAINDER OF 2,898
THAT TERM. A MEMBER MAY BE REAPPOINTED, BUT A MEMBER MAY SERVE 2,899
NO MORE THAN TWO CONSECUTIVE TERMS REGARDLESS OF THE LENGTH OF 2,900
THE MEMBER'S INITIAL TERM. A MEMBER MAY BE REMOVED FOR GOOD 2,901
CAUSE SHOWN AFTER A FULL AND OPEN HEARING BY THE RELEASE 2,902
AUTHORITY, IF REQUESTED BY THE MEMBER, AT WHICH THE MEMBER HAS AN 2,904
OPPORTUNITY TO RESPOND TO THE ALLEGATIONS THAT PROVIDE THE BASIS 2,905
FOR A CALL FOR REMOVAL.
(D) THE DIRECTOR OF YOUTH SERVICES SHALL DESIGNATE AS 2,908
CHAIRPERSON OF THE RELEASE AUTHORITY ONE OF THE MEMBERS WHO HAS 2,909
EXPERIENCE IN CRIMINAL JUSTICE, JUVENILE JUSTICE, OR AN 2,910
EQUIVALENT RELEVANT PROFESSION. THE CHAIRPERSON SHALL HAVE FULL 2,911
AUTHORITY OVER THE ADMINISTRATION AND MANAGEMENT OF THE RELEASE 2,912
AUTHORITY, SHALL PERFORM ALL DUTIES AND FUNCTIONS NECESSARY TO
ENSURE THAT THE RELEASE AUTHORITY DISCHARGES ITS 2,913
RESPONSIBILITIES, AND SHALL ACT AS THE APPOINTING AUTHORITY FOR 2,915
ALL STAFF OF THE RELEASE AUTHORITY. THE CHAIRPERSON SHALL EMPLOY 2,916
STAFF AS NECESSARY TO CARRY OUT THE DUTIES OF THE RELEASE 2,917
AUTHORITY, INCLUDING HEARING REPRESENTATIVES TO PARTICIPATE IN 2,918
THE HEARING OF CASES ON REVIEW AND PERSONS TO PROVIDE 2,919
ADMINISTRATIVE SUPPORT. THE CHAIRPERSON SHALL SERVE AS THE 2,920
OFFICIAL SPOKESPERSON FOR THE RELEASE AUTHORITY. 2,921
(E) A MAJORITY OF THE MEMBERS OF THE RELEASE AUTHORITY 2,924
SHALL CONSTITUTE A QUORUM FOR TRANSACTING THE OFFICIAL BUSINESS 2,925
OF THE AUTHORITY. THE ACTIONS OF THE RELEASE AUTHORITY SHALL BE 2,926
DETERMINED BY A MAJORITY VOTE OF THE QUORUM. 2,927
(F) THE RELEASE AUTHORITY SHALL DO ALL OF THE FOLLOWING: 2,930
(1) SERVE AS THE FINAL AND SOLE AUTHORITY FOR MAKING 2,932
DECISIONS, IN THE INTERESTS OF PUBLIC SAFETY AND THE CHILDREN 2,933
INVOLVED, REGARDING THE RELEASE AND DISCHARGE OF ALL CHILDREN 2,935
COMMITTED TO THE LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH 2,936
72
SERVICES, EXCEPT CHILDREN PLACED ON JUDICIAL RELEASE OR EARLY 2,937
RELEASE BY A JUVENILE COURT, CHILDREN WHO HAVE NOT COMPLETED A 2,938
PRESCRIBED MINIMUM PERIOD OF TIME OR PRESCRIBED PERIOD OF TIME IN 2,939
A SECURE FACILITY, OR CHILDREN WHO ARE REQUIRED TO REMAIN IN A
SECURE FACILITY UNTIL THEY ATTAIN TWENTY-ONE YEARS OF AGE; 2,940
(2) ESTABLISH WRITTEN POLICIES AND PROCEDURES FOR 2,942
CONDUCTING A PERIODIC REVIEW OF THE STATUS OF EACH CHILD IN THE 2,943
CUSTODY OF THE DEPARTMENT, SETTING OR MODIFYING DATES OF RELEASE 2,944
AND DISCHARGE FOR EACH CHILD, SPECIFYING THE DURATION, TERMS, AND 2,945
CONDITIONS OF RELEASE TO BE CARRIED OUT IN SUPERVISED RELEASE 2,946
SUBJECT TO THE ADDITION OF ADDITIONAL CONSISTENT TERMS AND 2,947
CONDITIONS BY A COURT IN ACCORDANCE WITH SECTION 5139.51 OF THE 2,948
REVISED CODE, AND GIVING A CHILD NOTICE OF ALL REVIEWS; 2,949
(3) MAINTAIN RECORDS OF ITS OFFICIAL ACTIONS, DECISIONS, 2,952
ORDERS, AND HEARING SUMMARIES AND MAKE THE RECORDS ACCESSIBLE IN 2,953
ACCORDANCE WITH DIVISION (D) OF SECTION 5139.05 OF THE REVISED 2,954
CODE;
(4) COOPERATE WITH PUBLIC AND PRIVATE AGENCIES, 2,956
COMMUNITIES, PRIVATE GROUPS, AND INDIVIDUALS FOR THE DEVELOPMENT 2,957
AND IMPROVEMENT OF ITS SERVICES; 2,958
(5) COLLECT, DEVELOP, AND MAINTAIN STATISTICAL INFORMATION 2,961
REGARDING ITS SERVICES AND DECISIONS;
(6) SUBMIT TO THE DIRECTOR AN ANNUAL REPORT THAT INCLUDES 2,963
A DESCRIPTION OF THE OPERATIONS OF THE RELEASE AUTHORITY, AN 2,964
EVALUATION OF ITS EFFECTIVENESS, RECOMMENDATIONS FOR STATUTORY, 2,965
BUDGETARY, OR OTHER CHANGES NECESSARY TO IMPROVE ITS 2,966
EFFECTIVENESS, AND ANY OTHER INFORMATION REQUIRED BY THE 2,967
DIRECTOR;
(7) ADOPT RULES AND WRITTEN POLICIES AND PROCEDURES TO 2,969
GOVERN ITS OPERATIONS. 2,970
(G) THE RELEASE AUTHORITY MAY DO ANY OF THE FOLLOWING: 2,973
(1) CONDUCT INQUIRIES, INVESTIGATIONS, AND REVIEWS AND 2,976
HOLD HEARINGS AND OTHER PROCEEDINGS NECESSARY TO PROPERLY
DISCHARGE ITS RESPONSIBILITIES; 2,977
73
(2) ISSUE SUBPOENAS, ENFORCEABLE IN A COURT OF LAW, TO 2,979
COMPEL A PERSON TO APPEAR, GIVE TESTIMONY, OR PRODUCE DOCUMENTARY 2,981
INFORMATION OR OTHER TANGIBLE ITEMS RELATING TO A MATTER UNDER 2,982
INQUIRY, INVESTIGATION, REVIEW, OR HEARING;
(3) ADMINISTER OATHS AND RECEIVE TESTIMONY OF PERSONS 2,984
UNDER OATH; 2,985
(4) REQUEST ASSISTANCE, SERVICES, AND INFORMATION FROM A 2,988
PUBLIC AGENCY TO ENABLE THE AUTHORITY TO DISCHARGE ITS
RESPONSIBILITIES AND RECEIVE THE ASSISTANCE, SERVICES, AND 2,989
INFORMATION FROM THE PUBLIC AGENCY IN A REASONABLE PERIOD OF 2,990
TIME;
(5) REQUEST FROM A PUBLIC AGENCY OR ANY OTHER ENTITY THAT 2,992
PROVIDES OR HAS PROVIDED SERVICES TO A CHILD COMMITTED TO THE 2,993
DEPARTMENT'S LEGAL CUSTODY INFORMATION TO ENABLE THE RELEASE 2,994
AUTHORITY TO PROPERLY DISCHARGE ITS RESPONSIBILITIES WITH RESPECT 2,996
TO THAT CHILD AND RECEIVE THE INFORMATION FROM THE PUBLIC AGENCY
OR OTHER ENTITY IN A REASONABLE PERIOD OF TIME; 2,997
(6) REQUIRE THAT THE TERMS AND CONDITIONS OF A CHILD'S 2,999
SUPERVISED RELEASE BE ENFORCED DURING THE PERIOD OF SUPERVISED 3,000
RELEASE UNTIL DISCHARGE; 3,001
(7) ORDER THE ARREST OF A CHILD ON SUPERVISED RELEASE WHO 3,005
MAY BE SUBJECT TO REVOCATION OF RELEASE;
(8) EXERCISE ANY OTHER POWERS NECESSARY TO DISCHARGE ITS 3,008
RESPONSIBILITIES.
(H) THE RELEASE AUTHORITY SHALL ADOPT SPECIFIC WRITTEN 3,010
POLICIES GOVERNING THE DISCHARGE OF ITS RESPONSIBILITIES EITHER 3,012
BY THE FULL MEMBERSHIP OF THE AUTHORITY OR BY THE DELEGATION OF 3,013
AUTHORITY TO ONE OR MORE MEMBERS OF THE RELEASE AUTHORITY OR TO 3,014
HEARING REPRESENTATIVES. THE POLICY SHALL REQUIRE THAT A HEARING 3,015
BE CONDUCTED BY NOT FEWER THAN TWO MEMBERS OF THE RELEASE 3,016
AUTHORITY, TWO HEARING REPRESENTATIVES, OR A COMBINATION OF A 3,017
MEMBER OF THE AUTHORITY AND A HEARING REPRESENTATIVE. 3,018
(I) THE RELEASE AUTHORITY SHALL NOT DELEGATE ITS AUTHORITY 3,021
TO MAKE FINAL DECISIONS REGARDING POLICY OR THE RELEASE OF A 3,022
74
CHILD.
(J) THE RELEASE AUTHORITY SHALL ADOPT A WRITTEN POLICY AND 3,024
PROCEDURES GOVERNING APPEALS OF ITS RELEASE AND DISCHARGE 3,026
DECISIONS. THE POLICY SHALL PROVIDE THAT A CHILD MAY APPEAL TO 3,028
THE FULL RELEASE AUTHORITY A DECISION DENYING RELEASE OR 3,029
DISCHARGE MADE AT A HEARING CONDUCTED BY A PANEL THAT DOES NOT 3,030
INCLUDE ALL OF THE MEMBERS OF THE RELEASE AUTHORITY. THE POLICY 3,031
ALSO SHALL PROVIDE THAT IF A DECISION DENYING RELEASE OR 3,032
DISCHARGE IS MADE BY THE FULL RELEASE AUTHORITY, THE CHILD MAY 3,033
REQUEST ONE APPEAL HEARING AT WHICH THE CHILD SHALL BE AFFORDED A 3,035
FINAL OPPORTUNITY TO PRESENT NEW OR ADDITIONAL INFORMATION
RELATED TO ANY OF THE REASONS ENUMERATED BY THE RELEASE AUTHORITY 3,036
IN THE DECISION UNDER APPEAL. THE RELEASE AUTHORITY SHALL 3,037
CONSIDER AN APPEAL IN ACCORDANCE WITH THE POLICY AND PROCEDURE 3,038
ESTABLISHED UNDER THIS DIVISION. 3,039
(K) THE LEGAL STAFF OF THE DEPARTMENT OF YOUTH SERVICES 3,042
SHALL PROVIDE ASSISTANCE, UPON REQUEST, TO THE RELEASE AUTHORITY 3,044
IN THE FORMULATION OF POLICY AND IN ITS HANDLING OF INDIVIDUAL 3,045
CASES. THE ATTORNEY GENERAL SHALL PROVIDE LEGAL REPRESENTATION 3,046
FOR THE RELEASE AUTHORITY. THE DEPARTMENT OF YOUTH SERVICES 3,047
SHALL PROVIDE THE RELEASE AUTHORITY WITH A BUDGET SUFFICIENT TO 3,048
PROPERLY PERFORM ITS OBLIGATIONS AND RESPONSIBILITIES, SUBJECT TO 3,049
ADMINISTRATIVE CONTROLS.
Sec. 5139.51. (A) THE RELEASE AUTHORITY OF THE DEPARTMENT 3,051
OF YOUTH SERVICES SHALL NOT RELEASE A CHILD WHO IS IN THE CUSTODY 3,052
OF THE DEPARTMENT OF YOUTH SERVICES FROM INSTITUTIONAL CARE OR 3,053
INSTITUTIONAL CARE IN A SECURE FACILITY AND SHALL NOT DISCHARGE 3,054
THE CHILD OR ORDER THE CHILD'S RELEASE ON SUPERVISED RELEASE 3,055
PRIOR TO THE EXPIRATION OF THE PRESCRIBED MINIMUM PERIOD OF 3,056
INSTITUTIONALIZATION OR INSTITUTIONALIZATION IN A SECURE FACILITY 3,057
OR PRIOR TO THE CHILD'S ATTAINMENT OF TWENTY-ONE YEARS OF AGE,
WHICHEVER IS APPLICABLE UNDER THE ORDER OF COMMITMENT, OTHER THAN 3,058
AS IS PROVIDED IN DIVISION (A) OF SECTION 2151.38 OF THE REVISED 3,059
CODE. THE RELEASE AUTHORITY SHALL CONDUCT PERIODIC REVIEWS OF 3,060
75
THE CASE OF EACH CHILD WHO IS IN THE CUSTODY OF THE DEPARTMENT 3,061
AND WHO IS ELIGIBLE FOR SUPERVISED RELEASE OR DISCHARGE AFTER 3,063
COMPLETING THE MINIMUM PERIOD OF TIME OR PERIOD OF TIME IN AN 3,064
INSTITUTION PRESCRIBED BY THE COMMITTING COURT. AT LEAST THIRTY
DAYS PRIOR TO CONDUCTING A PERIODIC REVIEW OF THE CASE OF A CHILD 3,065
WHO WAS COMMITTED TO THE DEPARTMENT REGARDING THE POSSIBILITY OF 3,068
SUPERVISED RELEASE OR DISCHARGE AND AT LEAST THIRTY DAYS PRIOR TO
CONDUCTING A DISCHARGE REVIEW UNDER DIVISION (F) OF THIS SECTION, 3,069
THE RELEASE AUTHORITY SHALL GIVE NOTICE OF THE REVIEW TO THE 3,070
COURT THAT COMMITTED THE CHILD AND TO THE PROSECUTING ATTORNEY IN 3,071
THE CASE. THE COURT OR PROSECUTING ATTORNEY MAY SUBMIT TO THE 3,073
RELEASE AUTHORITY WRITTEN COMMENTS REGARDING, OR WRITTEN
OBJECTIONS TO, THE SUPERVISED RELEASE OR DISCHARGE OF THAT CHILD. 3,074
ADDITIONALLY, IF THE CHILD WAS COMMITTED FOR AN ACT THAT IS A 3,076
CATEGORY ONE OR CATEGORY TWO OFFENSE, THE COURT OR PROSECUTING 3,077
ATTORNEY ORALLY MAY COMMUNICATE TO A REPRESENTATIVE OF THE
RELEASE AUTHORITY COMMENTS REGARDING, OR OBJECTIONS TO, THE 3,079
SUPERVISED RELEASE OR DISCHARGE OF THE CHILD OR, IF A HEARING IS 3,081
HELD REGARDING THE POSSIBLE RELEASE OR DISCHARGE OF THE CHILD, 3,082
MAY COMMUNICATE THOSE COMMENTS AT THE HEARING. IN CONDUCTING THE 3,084
REVIEW OF THE CHILD'S CASE REGARDING THE POSSIBILITY OF
SUPERVISED RELEASE OR DISCHARGE, THE RELEASE AUTHORITY SHALL 3,085
CONSIDER ANY COMMENTS AND OBJECTIONS SO SUBMITTED OR COMMUNICATED 3,087
BY THE COURT OR PROSECUTOR AND ANY STATEMENTS OR COMMENTS 3,088
SUBMITTED OR COMMUNICATED UNDER SECTION 5139.56 OF THE REVISED 3,089
CODE BY A VICTIM OF AN ACT FOR WHICH THE CHILD WAS COMMITTED TO 3,090
THE LEGAL CUSTODY OF THE DEPARTMENT OR BY THE VICTIM'S 3,091
REPRESENTATIVE OF A VICTIM OF AN ACT OF THAT TYPE. 3,092
THE RELEASE AUTHORITY SHALL DETERMINE THE DATE ON WHICH A 3,094
CHILD MAY BE PLACED ON SUPERVISED RELEASE OR DISCHARGED. IF THE 3,096
RELEASE AUTHORITY BELIEVES THAT A CHILD SHOULD BE PLACED ON 3,097
SUPERVISED RELEASE, IT SHALL COMPLY WITH DIVISION (B) OF THIS 3,098
SECTION. IF THE RELEASE AUTHORITY BELIEVES THAT A CHILD SHOULD 3,099
BE DISCHARGED, IT SHALL COMPLY WITH DIVISION (C) OR (F) OF THIS 3,101
76
SECTION. IF THE RELEASE AUTHORITY DENIES THE SUPERVISED RELEASE 3,103
OR DISCHARGE OF A CHILD, IT SHALL PROVIDE THE CHILD WITH A 3,104
WRITTEN RECORD OF THE REASONS FOR THE DECISION. 3,105
(B)(1) WHEN THE RELEASE AUTHORITY DECIDES TO PLACE A CHILD 3,108
ON SUPERVISED RELEASE, CONSISTENT WITH DIVISION (D) OF THIS 3,110
SECTION, IT SHALL PREPARE A WRITTEN SUPERVISED RELEASE PLAN THAT 3,111
SPECIFIES THE TERMS AND CONDITIONS UPON WHICH THE CHILD IS TO BE 3,112
RELEASED FROM AN INSTITUTION ON SUPERVISED RELEASE AND, AT LEAST 3,113
THIRTY DAYS PRIOR TO THE RELEASE OF THE CHILD ON THE SUPERVISED 3,114
RELEASE, SHALL SEND TO THE COMMITTING COURT AND THE JUVENILE 3,115
COURT OF THE COUNTY IN WHICH THE CHILD WILL BE PLACED A COPY OF 3,116
THE SUPERVISED RELEASE PLAN AND THE TERMS AND CONDITIONS THAT IT 3,117
FIXES. THE JUVENILE COURT OF THE COUNTY IN WHICH THE CHILD WILL 3,118
BE PLACED, WITHIN FIFTEEN DAYS AFTER ITS RECEIPT OF THE COPY OF 3,119
THE SUPERVISED RELEASE PLAN, MAY ADD TO THE SUPERVISED RELEASE 3,120
PLAN ANY ADDITIONAL CONSISTENT TERMS AND CONDITIONS IT CONSIDERS 3,121
APPROPRIATE, PROVIDED THAT THE COURT MAY NOT ADD ANY TERM OR 3,122
CONDITION THAT DECREASES THE LEVEL OR DEGREE OF SUPERVISION 3,123
SPECIFIED BY THE RELEASE AUTHORITY IN THE PLAN, THAT 3,124
SUBSTANTIALLY INCREASES THE FINANCIAL BURDEN OF SUPERVISION THAT 3,125
WILL BE EXPERIENCED BY THE DEPARTMENT OF YOUTH SERVICES, OR THAT 3,126
ALTERS THE PLACEMENT SPECIFIED BY THE RELEASE AUTHORITY IN THE 3,127
PLAN.
IF, WITHIN FIFTEEN DAYS AFTER ITS RECEIPT OF THE COPY OF 3,130
THE RELEASE AUTHORITY'S SUPERVISED RELEASE PLAN, THE JUVENILE 3,131
COURT OF THE COUNTY IN WHICH THE CHILD WILL BE PLACED DOES NOT 3,132
ADD TO THE SUPERVISED RELEASE PLAN ANY ADDITIONAL TERMS AND 3,133
CONDITIONS, THE COURT SHALL ENTER THE RELEASE AUTHORITY'S 3,134
SUPERVISED RELEASE PLAN IN ITS JOURNAL WITHIN THAT FIFTEEN-DAY 3,135
PERIOD AND, WITHIN THAT FIFTEEN-DAY PERIOD, SHALL SEND TO THE 3,136
RELEASE AUTHORITY A COPY OF THE JOURNAL ENTRY OF THE SUPERVISED
RELEASE PLAN. THE JOURNALIZED PLAN SHALL APPLY REGARDING THE 3,137
CHILD'S SUPERVISED RELEASE. 3,138
IF, WITHIN FIFTEEN DAYS AFTER ITS RECEIPT OF THE COPY OF 3,141
77
THE RELEASE AUTHORITY'S SUPERVISED RELEASE PLAN, THE JUVENILE 3,142
COURT OF THE COUNTY IN WHICH THE CHILD WILL BE PLACED ADDS TO THE 3,143
SUPERVISED RELEASE PLAN ANY ADDITIONAL TERMS AND CONDITIONS, THE 3,144
COURT SHALL ENTER THE RELEASE AUTHORITY'S SUPERVISED RELEASE PLAN 3,145
AND THE ADDITIONAL TERMS AND CONDITIONS IN ITS JOURNAL AND, 3,147
WITHIN THAT FIFTEEN-DAY PERIOD, SHALL SEND TO THE RELEASE
AUTHORITY A COPY OF THE JOURNAL ENTRY OF THE SUPERVISED RELEASE 3,148
PLAN AND ADDITIONAL TERMS AND CONDITIONS. THE JOURNALIZED 3,151
SUPERVISED RELEASE PLAN AND ADDITIONAL TERMS AND CONDITIONS ADDED 3,152
BY THE COURT THAT SATISFY THE CRITERIA DESCRIBED IN THIS DIVISION 3,153
SHALL APPLY REGARDING THE CHILD'S SUPERVISED RELEASE. 3,154
IF, WITHIN FIFTEEN DAYS AFTER ITS RECEIPT OF THE COPY OF 3,156
THE SUPERVISED RELEASE PLAN, THE JUVENILE COURT OF THE COUNTY IN 3,157
WHICH THE CHILD WILL BE PLACED NEITHER ENTERS IN ITS JOURNAL THE 3,158
RELEASE AUTHORITY'S SUPERVISED RELEASE PLAN NOR ENTERS IN ITS 3,159
JOURNAL THE RELEASE AUTHORITY'S SUPERVISED RELEASE PLAN PLUS 3,160
ADDITIONAL TERMS AND CONDITIONS ADDED BY THE COURT, THE FAILURE 3,161
TO ENTER THE MATERIALS IN THE COURT'S JOURNAL SHALL BE CONSIDERED 3,163
TO BE A CONSTRUCTIVE ENTRY INTO THE JOURNAL OF THE RELEASE 3,164
AUTHORITY'S SUPERVISED RELEASE PLAN, AND THE RELEASE AUTHORITY 3,165
AND ANY OTHER PERSON MAY RELY ON THE CONSTRUCTIVE JOURNAL ENTRY 3,166
TO THE SAME EXTENT AS IF THE COURT ACTUALLY HAD ENTERED THE 3,167
RELEASE AUTHORITY'S SUPERVISED RELEASE PLAN IN ITS JOURNAL. 3,168
(2) WHEN THE RELEASE AUTHORITY RECEIVES FROM THE COURT A 3,171
COPY OF THE JOURNALIZED SUPERVISED RELEASE PLAN AND, IF 3,172
APPLICABLE, A COPY OF THE JOURNALIZED ADDITIONAL TERMS AND
CONDITIONS ADDED BY THE COURT, THE RELEASE AUTHORITY SHALL KEEP 3,174
THE ORIGINAL COPY OR COPIES IN THE CHILD'S FILE AND SHALL PROVIDE 3,175
A COPY OF EACH DOCUMENT TO THE CHILD, THE EMPLOYEE OF THE 3,176
DEPARTMENT WHO IS ASSIGNED TO SUPERVISE AND ASSIST THE CHILD 3,177
WHILE ON RELEASE, AND THE COMMITTING COURT. 3,178
(C) IF A CHILD WHO IS IN THE CUSTODY OF THE DEPARTMENT OF 3,180
YOUTH SERVICES WAS COMMITTED PURSUANT TO DIVISION (A)(4) OR (5) 3,182
OF SECTION 2151.355 OF THE REVISED CODE AND HAS BEEN 3,183
78
INSTITUTIONALIZED OR INSTITUTIONALIZED IN A SECURE FACILITY FOR 3,184
THE PRESCRIBED MINIMUM PERIODS OF TIME UNDER THOSE DIVISIONS AND 3,185
IF THE RELEASE AUTHORITY IS SATISFIED THAT THE DISCHARGE OF THE 3,186
CHILD WITHOUT THE CHILD BEING PLACED ON SUPERVISED RELEASE WOULD 3,187
BE CONSISTENT WITH THE WELFARE OF THE CHILD AND PROTECTION OF THE 3,189
PUBLIC, THE RELEASE AUTHORITY, WITHOUT APPROVAL OF THE COURT THAT 3,190
COMMITTED THE CHILD, MAY DISCHARGE THE CHILD FROM ITS CUSTODY AND 3,191
CONTROL WITHOUT PLACING THE CHILD ON SUPERVISED RELEASE. 3,192
ADDITIONALLY, THE DEPARTMENT MAY DISCHARGE A CHILD IN ITS CUSTODY
WITHOUT THE CHILD BEING PLACED ON SUPERVISED RELEASE IF THE CHILD 3,193
IS REMOVED FROM THE JURISDICTION OF THIS STATE BY A COURT ORDER 3,194
OF A COURT OF THIS STATE, ANOTHER STATE, OR THE UNITED STATES, OR 3,195
BY ANY AGENCY OF THIS STATE, ANOTHER STATE, OR THE UNITED STATES, 3,197
IF THE CHILD IS CONVICTED OF OR PLEADS GUILTY TO ANY CRIMINAL
OFFENSE, OR AS OTHERWISE PROVIDED BY LAW. AT LEAST FIFTEEN DAYS 3,199
BEFORE THE SCHEDULED DATE OF DISCHARGE OF THE CHILD WITHOUT THE 3,200
CHILD BEING PLACED ON SUPERVISED RELEASE, THE DEPARTMENT SHALL 3,201
NOTIFY THE COMMITTING COURT, IN WRITING, THAT IT IS GOING TO 3,202
DISCHARGE THE CHILD AND OF THE REASON FOR THE DISCHARGE. UPON 3,204
DISCHARGE OF THE CHILD WITHOUT THE CHILD BEING PLACED ON
SUPERVISED RELEASE, THE DEPARTMENT IMMEDIATELY SHALL CERTIFY THE 3,205
DISCHARGE IN WRITING AND SHALL TRANSMIT THE CERTIFICATE OF 3,206
DISCHARGE TO THE COMMITTING COURT. 3,207
(D) IN ADDITION TO REQUIREMENTS THAT ARE REASONABLY 3,210
RELATED TO THE CHILD'S PRIOR PATTERN OF CRIMINAL OR DELINQUENT 3,211
BEHAVIOR AND THE PREVENTION OF FURTHER CRIMINAL OR DELINQUENT 3,212
BEHAVIOR, THE RELEASE AUTHORITY SHALL SPECIFY THE FOLLOWING 3,213
REQUIREMENTS FOR EACH CHILD WHOM IT RELEASES:
(1) THE CHILD SHALL OBSERVE THE LAW. 3,215
(2) THE CHILD SHALL MAINTAIN APPROPRIATE CONTACT, AS 3,217
SPECIFIED IN THE WRITTEN SUPERVISED RELEASE DOCUMENT FOR THAT 3,218
CHILD, WITH THE EMPLOYEE OF THE DEPARTMENT ASSIGNED TO SUPERVISE 3,219
AND ASSIST THE CHILD. 3,220
(3) IF THE CHILD'S RESIDENCE CHANGES, THE CHILD SHALL 3,222
79
NOTIFY THE EMPLOYEE OF THE DEPARTMENT ASSIGNED TO SUPERVISE AND 3,223
ASSIST THE CHILD OF THE CHANGE AND PROVIDE APPROPRIATE 3,224
INFORMATION REGARDING THE CHILD'S NEW RESIDENCE ADDRESS. 3,225
(E) AT ANY TIME WHILE A CHILD IS ON SUPERVISED RELEASE, 3,228
THE RELEASE AUTHORITY, IN ACCORDANCE WITH THE PROCEDURES SET 3,229
FORTH IN THIS DIVISION, MAY MODIFY THE TERMS AND CONDITIONS OF 3,231
THE CHILD'S SUPERVISED RELEASE BY INCREASING THE DEGREE OF
SUPERVISION, SUBSTANTIALLY INCREASING THE FINANCIAL BURDEN OF 3,233
SUPERVISION TO BE EXPERIENCED BY THE DEPARTMENT OF YOUTH 3,234
SERVICES, OR ALTERING THE PLACEMENT OF THE CHILD. IF THE RELEASE 3,235
AUTHORITY WISHES TO MODIFY THE TERMS AND CONDITIONS OF A CHILD'S 3,236
SUPERVISED RELEASE IN ANY OF THOSE MANNERS, THE RELEASE AUTHORITY
SHALL ISSUE A SUMMONS THAT REQUIRES THE CHILD TO APPEAR FOR A 3,238
HEARING TO DETERMINE WHETHER THE MODIFICATION SHALL BE MADE. THE 3,239
SUMMONS SHALL CONTAIN A BRIEF STATEMENT OF THE DESIRED 3,240
MODIFICATION AND SHALL REQUIRE THE CHILD TO APPEAR FOR A HEARING 3,241
BEFORE THE RELEASE AUTHORITY AT A SPECIFIED DATE, TIME, AND 3,242
PLACE. THE SUMMONS MAY BE PERSONALLY SERVED BY AN EMPLOYEE OF 3,243
THE DEPARTMENT OF YOUTH SERVICES OR OTHERWISE SERVED IN A MANNER 3,244
THAT IS REASONABLY CALCULATED TO ASSURE NOTICE OF THE HEARING, 3,245
INCLUDING, BUT NOT LIMITED TO, BY DELIVERING THE SUMMONS TO THE 3,246
CHILD PERSONALLY OR LEAVING IT AT THE CHILD'S USUAL PLACE OF 3,247
RESIDENCE WITH A PERSON OF SUITABLE AGE AND DISCRETION WHO 3,248
RESIDES AT THAT PLACE. THE RELEASE AUTHORITY SHALL REGARD THE 3,249
FAILURE OF A CHILD TO APPEAR FOR THE HEARING STATED IN THE 3,250
SUMMONS AS A VIOLATION OF THE CHILD'S SUPERVISED RELEASE. AT THE 3,251
HEARING, THE RELEASE AUTHORITY MAY MODIFY THE TERMS AND 3,252
CONDITIONS OF THE CHILD'S SUPERVISED RELEASE, OTHER THAN THE 3,253
TERMS SPECIFIED IN DIVISION (D) OF THIS SECTION, IN ANY OF THE 3,254
MANNERS DESCRIBED IN THIS DIVISION. IF THE RELEASE AUTHORITY 3,257
MODIFIES THE TERMS AND CONDITIONS, IT SHALL PREPARE A WRITTEN 3,258
STATEMENT THAT SPECIFIES THE MODIFICATIONS, SHALL KEEP THE
ORIGINAL OF THE WRITTEN STATEMENT IN THE CHILD'S FILE, PROMPTLY 3,260
SHALL PROVIDE A COPY OF THE WRITTEN STATEMENT TO THE CHILD AND 3,261
80
THE EMPLOYEE OF THE DEPARTMENT WHO IS ASSIGNED TO SUPERVISE AND 3,262
ASSIST THE CHILD WHILE ON RELEASE, AND SHALL SEND A COPY OF THE 3,263
WRITTEN STATEMENT TO THE COMMITTING COURT AND THE JUVENILE COURT 3,265
OF THE COUNTY IN WHICH THE CHILD HAS BEEN PLACED. WITHIN THREE 3,266
BUSINESS DAYS AFTER ITS RECEIPT OF THE WRITTEN STATEMENT, THE 3,267
JUVENILE COURT OF THE COUNTY IN WHICH THE CHILD HAS BEEN PLACED 3,268
SHALL ENTER THE WRITTEN STATEMENT IN ITS JOURNAL. IF, WITHIN 3,270
THREE BUSINESS DAYS AFTER ITS RECEIPT OF THE WRITTEN STATEMENT, 3,271
THE JUVENILE COURT OF THE COUNTY IN WHICH THE CHILD WILL BE 3,272
PLACED DOES NOT ENTER THE WRITTEN STATEMENT IN ITS JOURNAL, THE 3,273
FAILURE TO ENTER THE WRITTEN STATEMENT IN THE COURT'S JOURNAL 3,274
SHALL BE CONSIDERED TO BE A CONSTRUCTIVE ENTRY OF THE WRITTEN 3,275
STATEMENT IN THE JOURNAL, AND THE RELEASE AUTHORITY AND ANY OTHER 3,276
PERSON MAY RELY ON THE CONSTRUCTIVE JOURNAL ENTRY TO THE SAME 3,277
EXTENT AS IF THE COURT ACTUALLY HAD ENTERED THE WRITTEN STATEMENT 3,278
IN ITS JOURNAL. NEITHER THE COMMITTING COURT NOR THE JUVENILE 3,280
COURT OF THE COUNTY IN WHICH THE CHILD HAS BEEN PLACED MAY 3,281
REVISE, OR ADD TO, THE MODIFICATIONS CONTAINED IN THE WRITTEN 3,282
STATEMENT. THE MODIFICATIONS CONTAINED IN THE WRITTEN STATEMENT 3,283
SHALL TAKE EFFECT THREE BUSINESS DAYS AFTER THE RECEIPT OF THE 3,284
WRITTEN STATEMENT BY THE JUVENILE COURT OF THE COUNTY IN WHICH
THE CHILD HAS BEEN PLACED. 3,286
(F) THE PERIOD OF A CHILD'S SUPERVISED RELEASE MAY EXTEND 3,289
FROM THE DATE OF RELEASE FROM AN INSTITUTION UNTIL THE CHILD 3,290
ATTAINS TWENTY-ONE YEARS OF AGE. IF THE PERIOD OF SUPERVISED 3,291
RELEASE EXTENDS BEYOND ONE YEAR AFTER THE DATE OF RELEASE OR 3,292
BEYOND ONE YEAR AFTER ANY MINIMUM PERIOD OR PERIOD OF 3,293
INSTITUTIONALIZATION REQUIRED BY LAW, THE CHILD MAY REQUEST IN 3,294
WRITING THAT THE RELEASE AUTHORITY CONDUCT A DISCHARGE REVIEW 3,295
AFTER THE EXPIRATION OF THE ONE-YEAR PERIOD OR THE MINIMUM PERIOD 3,297
OR PERIOD. IF THE CHILD SO REQUESTS, THE RELEASE AUTHORITY SHALL
CONDUCT A DISCHARGE REVIEW AND GIVE THE CHILD ITS DECISION IN 3,298
WRITING. THE RELEASE AUTHORITY SHALL NOT GRANT A DISCHARGE PRIOR 3,299
TO THE DISCHARGE DATE IF IT FINDS GOOD CAUSE FOR RETAINING THE 3,300
81
CHILD IN THE CUSTODY OF THE DEPARTMENT UNTIL THE DISCHARGE DATE. 3,301
A CHILD MAY REQUEST AN ADDITIONAL DISCHARGE REVIEW SIX MONTHS 3,302
AFTER THE DATE OF A PREVIOUS DISCHARGE REVIEW DECISION, BUT NOT 3,303
MORE THAN ONCE DURING ANY SIX-MONTH PERIOD AFTER THE DATE OF A 3,304
PREVIOUS DISCHARGE REVIEW DECISION. 3,305
(G) AT LEAST TWO WEEKS BEFORE THE RELEASE AUTHORITY PLACES 3,307
ON SUPERVISED RELEASE OR DISCHARGES A CHILD WHO WAS COMMITTED TO 3,310
THE LEGAL CUSTODY OF THE DEPARTMENT, THE RELEASE AUTHORITY SHALL 3,311
PROVIDE NOTICE OF THE RELEASE OR DISCHARGE AS FOLLOWS: 3,312
(1) IN RELATION TO THE PLACEMENT ON SUPERVISED RELEASE OF 3,314
A CHILD WHO WAS COMMITTED TO THE DEPARTMENT FOR COMMITTING AN ACT 3,315
THAT IS A CATEGORY ONE OR CATEGORY TWO OFFENSE AND IN RELATION TO 3,317
THE DISCHARGE OF A CHILD WHO WAS COMMITTED TO THE DEPARTMENT FOR 3,318
COMMITTING ANY ACT, THE RELEASE AUTHORITY SHALL NOTIFY, BY THE 3,319
SPECIFIED DEADLINE, ALL OF THE FOLLOWING OF THE RELEASE OR
DISCHARGE: 3,320
(a) THE PROSECUTING ATTORNEY OF THE COUNTY IN WHICH THE 3,322
CHILD WAS ADJUDICATED A DELINQUENT CHILD AND COMMITTED TO THE 3,323
CUSTODY OF THE DEPARTMENT; 3,324
(b) WHICHEVER OF THE FOLLOWING IS APPLICABLE: 3,326
(i) IF UPON THE SUPERVISED RELEASE OR DISCHARGE THE CHILD 3,328
WILL RESIDE IN A MUNICIPAL CORPORATION, THE CHIEF OF POLICE OR 3,329
OTHER CHIEF LAW ENFORCEMENT OFFICER OF THAT MUNICIPAL 3,330
CORPORATION;
(ii) IF UPON THE SUPERVISED RELEASE OR DISCHARGE THE CHILD 3,332
WILL RESIDE IN AN UNINCORPORATED AREA OF A COUNTY, THE SHERIFF OF 3,333
THAT COUNTY.
(2) IN RELATION TO THE PLACEMENT ON SUPERVISED RELEASE OR 3,335
DISCHARGE OF A CHILD WHO WAS COMMITTED TO THE DEPARTMENT FOR 3,336
COMMITTING ANY ACT, THE RELEASE AUTHORITY SHALL NOTIFY, BY THE 3,337
SPECIFIED DEADLINE, EACH VICTIM OF THE ACT FOR WHICH THE CHILD 3,339
WAS COMMITTED TO THE LEGAL CUSTODY OF THE DEPARTMENT WHO, 3,340
PURSUANT TO SECTION 5139.56 OF THE REVISED CODE, HAS REQUESTED TO 3,342
BE NOTIFIED OF THE PLACEMENT OF THE CHILD ON SUPERVISED RELEASE 3,343
82
OR THE DISCHARGE OF THE CHILD, PROVIDED THAT, IF ANY VICTIM HAS 3,345
DESIGNATED A PERSON PURSUANT TO THAT SECTION TO ACT ON THE
VICTIM'S BEHALF AS A VICTIM'S REPRESENTATIVE, THE NOTIFICATION 3,346
REQUIRED BY THIS DIVISION SHALL BE PROVIDED TO THAT VICTIM'S 3,347
REPRESENTATIVE. 3,348
Sec. 5139.52. (A) AT ANY TIME DURING A CHILD'S SUPERVISED 3,350
RELEASE, IF THE REGIONAL ADMINISTRATOR OR THE EMPLOYEE OF THE 3,353
DEPARTMENT ASSIGNED TO SUPERVISE AND ASSIST THE CHILD HAS 3,354
REASONABLE GROUNDS TO BELIEVE THAT THE CHILD HAS VIOLATED A TERM 3,355
OR CONDITION OF THE SUPERVISED RELEASE, THE ADMINISTRATOR OR 3,356
EMPLOYEE MAY REQUEST A COURT TO ISSUE A SUMMONS THAT REQUIRES THE 3,358
CHILD TO APPEAR FOR A HEARING TO ANSWER CHARGES OF THE ALLEGED 3,359
VIOLATION. THE SUMMONS SHALL CONTAIN A BRIEF STATEMENT OF THE 3,360
ALLEGED VIOLATION, INCLUDING THE DATE AND PLACE OF THE VIOLATION, 3,361
AND SHALL REQUIRE THE CHILD TO APPEAR FOR A HEARING BEFORE THE 3,362
COURT AT A SPECIFIC DATE, TIME, AND PLACE. 3,363
(B)(1) AT ANY TIME WHILE A CHILD IS ON SUPERVISED RELEASE, 3,365
A REGIONAL ADMINISTRATOR OR A DESIGNEE OF A REGIONAL 3,367
ADMINISTRATOR, UPON APPLICATION AS DESCRIBED IN THIS DIVISION,
MAY ISSUE, OR CAUSE TO BE ISSUED, AN ORDER OF APPREHENSION FOR 3,369
THE ARREST OF THE CHILD FOR THE ALLEGED VIOLATION OF A TERM OR 3,370
CONDITION OF THE CHILD'S SUPERVISED RELEASE. AN APPLICATION
REQUESTING AN ORDER OF APPREHENSION SHALL SET FORTH THAT, IN THE 3,374
GOOD FAITH JUDGMENT OF THE REGIONAL ADMINISTRATOR OR DESIGNEE 3,375
MAKING THE APPLICATION, THERE IS REASONABLE CAUSE TO BELIEVE THAT 3,377
THE CHILD WHO IS ON SUPERVISED RELEASE HAS VIOLATED OR IS 3,378
VIOLATING A TERM OR CONDITION OF THE CHILD'S SUPERVISED RELEASE, 3,380
SHALL STATE THE BASIS FOR THAT BELIEF, AND SHALL REQUEST THAT THE 3,381
CHILD BE TAKEN TO AN APPROPRIATE PLACE OF SECURE DETENTION 3,382
PENDING A PROBABLE CAUSE DETERMINATION. AS AN ALTERNATIVE TO AN 3,384
ORDER OF APPREHENSION FOR THE CHILD, A REGIONAL ADMINISTRATOR OR 3,385
THE EMPLOYEE OF THE DEPARTMENT ASSIGNED TO SUPERVISE AND ASSIST 3,386
THE CHILD MAY REQUEST A COURT TO ISSUE A WARRANT FOR THE ARREST 3,387
OF THE CHILD.
83
SUBJECT TO THE PROVISION OF PRIOR NOTICE REQUIRED BY 3,389
DIVISION (D)(1) OF THIS SECTION, IF A REGIONAL ADMINISTRATOR OR A 3,392
DESIGNEE OF A REGIONAL ADMINISTRATOR ISSUES, IN WRITING, AN ORDER 3,393
OF APPREHENSION FOR THE ARREST OF A CHILD, A STAFF MEMBER OF THE 3,394
DEPARTMENT OF YOUTH SERVICES WHO HAS BEEN DESIGNATED PURSUANT TO 3,395
DIVISION (A)(1) OF SECTION 5139.53 OF THE REVISED CODE AS BEING 3,398
AUTHORIZED TO ARREST AND WHO HAS RECEIVED THE TRAINING DESCRIBED 3,399
IN DIVISION (B)(1) OF THAT SECTION, OR A PEACE OFFICER, AS 3,401
DEFINED IN SECTION 2935.01 OF THE REVISED CODE, MAY ARREST THE 3,402
CHILD, WITHOUT A WARRANT, AND PLACE THE CHILD IN SECURE DETENTION 3,403
IN ACCORDANCE WITH THIS SECTION. 3,404
IF A CHILD IS ON SUPERVISED RELEASE, ANY PEACE OFFICER, AS 3,406
DEFINED IN SECTION 2935.01 OF THE REVISED CODE, MAY ARREST THE 3,408
CHILD WITHOUT A WARRANT OR ORDER OF APPREHENSION IF THE PEACE 3,409
OFFICER HAS REASONABLE GROUNDS TO BELIEVE THAT THE CHILD HAS 3,410
VIOLATED OR IS VIOLATING ANY OF THE FOLLOWING THAT HAS BEEN 3,411
PRESCRIBED BY THE RELEASE AUTHORITY RELATIVE TO THE CHILD: 3,412
(a) A CONDITION THAT PROHIBITS THE CHILD'S OWNERSHIP, 3,415
POSSESSION, OR USE OF A FIREARM, DEADLY WEAPON, AMMUNITION, OR 3,416
DANGEROUS ORDNANCE, ALL AS DEFINED IN SECTION 2923.11 OF THE 3,417
REVISED CODE;
(b) A CONDITION THAT PROHIBITS THE CHILD FROM BEING WITHIN 3,420
A SPECIFIED STRUCTURE OR GEOGRAPHIC AREA; 3,421
(c) A CONDITION THAT CONFINES THE CHILD TO A RESIDENCE, 3,424
FACILITY, OR OTHER STRUCTURE;
(d) A CONDITION THAT PROHIBITS THE CHILD FROM CONTACTING 3,427
OR COMMUNICATING WITH ANY SPECIFIED INDIVIDUAL; 3,428
(e) A CONDITION THAT PROHIBITS THE CHILD FROM ASSOCIATING 3,431
WITH A SPECIFIED INDIVIDUAL;
(f) ANY OTHER RULE, TERM, OR CONDITION GOVERNING THE 3,434
CONDUCT OF THE CHILD THAT HAS BEEN PRESCRIBED BY THE RELEASE 3,435
AUTHORITY.
(2) SUBJECT TO THE PROVISION OF PRIOR NOTICE REQUIRED BY 3,437
DIVISION (D)(1) OF THIS SECTION, A STAFF MEMBER OF THE DEPARTMENT 3,438
84
OF YOUTH SERVICES WHO IS DESIGNATED BY THE DIRECTOR PURSUANT TO 3,440
DIVISION (A)(1) OF SECTION 5139.53 OF THE REVISED CODE AND WHO
HAS RECEIVED THE TRAINING DESCRIBED IN DIVISION (B)(1) OF THAT 3,441
SECTION, A PEACE OFFICER, AS DEFINED IN SECTION 2935.01 OF THE 3,442
REVISED CODE, OR ANY OTHER OFFICER WITH THE POWER TO ARREST MAY 3,443
EXECUTE A WARRANT OR ORDER OF APPREHENSION ISSUED UNDER DIVISION 3,445
(B)(1) OF THIS SECTION AND TAKE THE CHILD INTO SECURE CUSTODY. 3,447
(C) A STAFF MEMBER OF THE DEPARTMENT OF YOUTH SERVICES WHO 3,449
IS DESIGNATED BY THE DIRECTOR OF YOUTH SERVICES PURSUANT TO 3,450
DIVISION (A)(1) OF SECTION 5139.53 OF THE REVISED CODE AND WHO 3,452
HAS RECEIVED THE TRAINING DESCRIBED IN DIVISION (B)(1) OF THAT 3,453
SECTION, A PEACE OFFICER, AS DEFINED IN SECTION 2935.01 OF THE 3,454
REVISED CODE, OR ANY OTHER OFFICER WITH THE POWER TO ARREST MAY 3,455
ARREST WITHOUT A WARRANT OR ORDER OF APPREHENSION AND TAKE INTO 3,456
SECURE CUSTODY A CHILD IN THE LEGAL CUSTODY OF THE DEPARTMENT, IF 3,458
THE STAFF MEMBER, PEACE OFFICER, OR OTHER OFFICER HAS REASONABLE 3,459
CAUSE TO BELIEVE THAT THE CHILD WHO IS ON SUPERVISED RELEASE HAS 3,460
VIOLATED OR IS VIOLATING A TERM OR CONDITION OF THE SUPERVISED
RELEASE IN ANY OF THE FOLLOWING MANNERS: 3,462
(1) THE CHILD COMMITTED OR IS COMMITTING AN OFFENSE OR 3,465
DELINQUENT ACT IN THE PRESENCE OF THE STAFF MEMBER, PEACE
OFFICER, OR OTHER OFFICER. 3,467
(2) THERE IS PROBABLE CAUSE TO BELIEVE THAT THE CHILD 3,469
VIOLATED A TERM OR CONDITION OF SUPERVISED RELEASE AND THAT THE 3,471
CHILD IS LEAVING OR IS ABOUT TO LEAVE THE STATE.
(3) THE CHILD FAILED TO APPEAR BEFORE THE RELEASE 3,473
AUTHORITY PURSUANT TO A SUMMONS FOR A MODIFICATION OR FAILED TO 3,474
APPEAR FOR A SCHEDULED COURT HEARING. 3,475
(4) THE ARREST OF THE CHILD IS NECESSARY TO PREVENT 3,477
PHYSICAL HARM TO ANOTHER PERSON OR TO THE CHILD. 3,478
(D)(1) EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, 3,480
PRIOR TO ARRESTING A CHILD UNDER THIS SECTION, EITHER IN RELATION 3,481
TO AN ORDER OF APPREHENSION OR A WARRANT FOR ARREST OR IN ANY 3,482
OTHER MANNER AUTHORIZED BY THIS SECTION, A STAFF MEMBER OR 3,483
85
EMPLOYEE OF THE DEPARTMENT OF YOUTH SERVICES SHALL PROVIDE NOTICE 3,484
OF THE ANTICIPATED ARREST TO EACH COUNTY, MUNICIPAL, OR TOWNSHIP 3,486
LAW ENFORCEMENT AGENCY WITH JURISDICTION OVER THE PLACE AT WHICH 3,487
THE STAFF MEMBER OR EMPLOYEE ANTICIPATES MAKING THE ARREST. A 3,489
STAFF MEMBER OR EMPLOYEE IS NOT REQUIRED TO PROVIDE THE NOTICE 3,490
DESCRIBED IN THIS DIVISION PRIOR TO MAKING AN ARREST IN ANY 3,491
EMERGENCY SITUATION OR CIRCUMSTANCE DESCRIBED UNDER DIVISION (C) 3,493
OF THIS SECTION.
(2) AN EMPLOYEE OF THE DEPARTMENT ASSIGNED TO SUPERVISE 3,496
AND ASSIST A CHILD WHILE ON SUPERVISED RELEASE OR ANOTHER STAFF 3,497
MEMBER DESIGNATED BY THE DIRECTOR OF YOUTH SERVICES PURSUANT TO 3,498
DIVISION (A)(1) OF SECTION 5139.53 OF THE REVISED CODE, AS 3,499
APPROPRIATE, PROMPTLY SHALL NOTIFY THE RELEASE AUTHORITY IN 3,500
WRITING WHEN A SUMMONS, ORDER OF APPREHENSION, OR WARRANT IS 3,502
SERVED OR AN ARREST IS MADE PURSUANT TO THIS SECTION AND SHALL
SPECIFY IN DETAIL THE FACTUAL ALLEGATIONS OF THE MANNER IN WHICH 3,503
THE CHILD ALLEGEDLY HAS VIOLATED THE TERMS AND CONDITIONS OF 3,506
SUPERVISED RELEASE.
(3) IF A PEACE OFFICER, AS DEFINED IN SECTION 2935.01 OF 3,508
THE REVISED CODE, OR ANY OTHER OFFICER WITH THE POWER TO ARREST 3,510
ARRESTS A CHILD UNDER THIS SECTION, THE ARRESTING OFFICER OR THE 3,511
DEPARTMENT OR LAW ENFORCEMENT AGENCY SERVED BY THE ARRESTING 3,512
OFFICER, PROMPTLY AFTER THE ARREST, SHALL NOTIFY THE RELEASE 3,513
AUTHORITY THAT THE CHILD HAS BEEN ARRESTED AND SHALL PROVIDE TO 3,514
THE AUTHORITY OR TO AN EMPLOYEE OF THE DEPARTMENT OF YOUTH 3,515
SERVICES A COPY OF THE ARREST INFORMATION PERTAINING TO THE 3,516
ARREST.
(4) NOTHING IN THIS SECTION LIMITS THE POWER TO MAKE AN 3,519
ARREST THAT IS GRANTED TO SPECIFIED PEACE OFFICERS UNDER SECTION 3,520
2935.03 OF THE REVISED CODE, TO ANY PERSON UNDER SECTION 2935.04 3,522
OF THE REVISED CODE, OR TO ANY OTHER SPECIFIED CATEGORY OF 3,523
PERSONS BY ANY OTHER PROVISION OF THE REVISED CODE, OR THE POWER 3,524
TO TAKE A CHILD INTO CUSTODY THAT IS GRANTED PURSUANT TO SECTION 3,525
2151.31 OF THE REVISED CODE. 3,526
86
(E) IF A CHILD WHO IS ON SUPERVISED RELEASE IS ARRESTED 3,529
UNDER AN ORDER OF APPREHENSION, UNDER A WARRANT, OR WITHOUT A 3,530
WARRANT AS DESCRIBED IN DIVISION (B)(1), (B)(2), OR (C) OF THIS 3,533
SECTION AND TAKEN INTO SECURE CUSTODY, ALL OF THE FOLLOWING 3,534
APPLY:
(1) IF NO MOTION TO REVOKE THE CHILD'S SUPERVISED RELEASE 3,537
HAS BEEN FILED WITHIN SEVENTY-TWO HOURS AFTER THE CHILD IS TAKEN 3,538
INTO SECURE CUSTODY, THE JUVENILE COURT, IN MAKING ITS 3,539
DETERMINATIONS AT A DETENTION HEARING AS TO WHETHER TO HOLD THE 3,540
CHILD IN SECURE CUSTODY UP TO SEVENTY-TWO HOURS SO THAT A MOTION 3,541
TO REVOKE THE CHILD'S SUPERVISED RELEASE MAY BE FILED, MAY
CONSIDER, IN ADDITION TO ALL OTHER EVIDENCE AND INFORMATION 3,543
CONSIDERED, THE CIRCUMSTANCES OF THE CHILD'S ARREST AND, IF THE 3,544
ARREST WAS PURSUANT TO AN ORDER OF APPREHENSION, THE ORDER AND 3,545
THE APPLICATION FOR THE ORDER. 3,546
(2) IF NO MOTION TO REVOKE THE CHILD'S SUPERVISED RELEASE 3,548
HAS BEEN FILED WITHIN SEVENTY-TWO HOURS AFTER THE CHILD IS TAKEN 3,549
INTO SECURE CUSTODY AND IF THE CHILD HAS NOT OTHERWISE BEEN 3,550
RELEASED PRIOR TO THE EXPIRATION OF THAT SEVENTY-TWO-HOUR PERIOD, 3,552
THE CHILD SHALL BE RELEASED UPON THE EXPIRATION OF THAT
SEVENTY-TWO-HOUR PERIOD. 3,553
(3) IF THE PERSON IS EIGHTEEN, NINETEEN, OR TWENTY YEARS 3,557
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 3,559
THE PERSON IS UNDER EIGHTEEN YEARS OF AGE, THE PERSON MAY BE 3,561
CONFINED IN SECURE DETENTION IN THE NEAREST JUVENILE DETENTION 3,563
FACILITY.
(4) IF A MOTION TO REVOKE THE CHILD'S SUPERVISED RELEASE 3,565
IS FILED AFTER THE CHILD HAS BEEN TAKEN INTO SECURE CUSTODY AND 3,566
THE COURT DECIDES AT THE DETENTION HEARING TO RELEASE THE CHILD 3,567
FROM SECURE CUSTODY, THE COURT MAY RELEASE THE CHILD ON THE SAME 3,568
TERMS AND CONDITIONS THAT ARE CURRENTLY IN EFFECT REGARDING THE 3,569
CHILD'S SUPERVISED RELEASE, PENDING REVOCATION OR SUBSEQUENT 3,570
MODIFICATION. 3,571
87
(F) IF A CHILD WHO IS ON SUPERVISED RELEASE IS ARRESTED 3,574
UNDER AN ORDER OF APPREHENSION, UNDER A WARRANT, OR WITHOUT A 3,575
WARRANT AS DESCRIBED IN DIVISION (B)(1), (B)(2), OR (C) OF THIS 3,578
SECTION AND TAKEN INTO SECURE CUSTODY, AND IF A MOTION TO REVOKE 3,579
THE CHILD'S SUPERVISED RELEASE IS FILED, THE JUVENILE COURT OF 3,580
THE COUNTY IN WHICH THE CHILD IS PLACED PROMPTLY SHALL SCHEDULE A 3,581
TIME FOR A HEARING ON WHETHER THE CHILD VIOLATED ANY OF THE TERMS 3,583
AND CONDITIONS OF THE SUPERVISED RELEASE. IF A CHILD IS RELEASED
ON SUPERVISED RELEASE AND THE JUVENILE COURT OF THE COUNTY IN 3,585
WHICH THE CHILD IS PLACED OTHERWISE HAS REASON TO BELIEVE THAT 3,586
THE CHILD HAS NOT COMPLIED WITH THE TERMS AND CONDITIONS OF THE 3,587
SUPERVISED RELEASE, THE COURT OF THE COUNTY IN WHICH THE CHILD IS 3,588
PLACED, IN ITS DISCRETION, MAY SCHEDULE A TIME FOR A HEARING ON 3,589
WHETHER THE CHILD VIOLATED ANY OF THE TERMS AND CONDITIONS OF THE 3,590
SUPERVISED RELEASE. IF THE COURT OF THE COUNTY IN WHICH THE 3,591
CHILD IS PLACED ON SUPERVISED RELEASE CONDUCTS A HEARING AND 3,592
DETERMINES AT THE HEARING THAT THE CHILD DID NOT VIOLATE ANY TERM 3,594
OR CONDITION OF THE CHILD'S SUPERVISED RELEASE, THE CHILD SHALL 3,595
BE RELEASED FROM CUSTODY, IF THE CHILD IS IN CUSTODY AT THAT 3,596
TIME, AND SHALL CONTINUE ON SUPERVISED RELEASE UNDER THE TERMS 3,597
AND CONDITIONS THAT WERE IN EFFECT AT THE TIME OF THE CHILD'S 3,598
ARREST, SUBJECT TO SUBSEQUENT REVOCATION OR MODIFICATION. IF THE 3,599
COURT OF THE COUNTY IN WHICH THE CHILD IS PLACED ON SUPERVISED 3,600
RELEASE CONDUCTS A HEARING AND DETERMINES AT THE HEARING THAT THE 3,601
CHILD VIOLATED ONE OR MORE OF THE TERMS AND CONDITIONS OF THE 3,602
CHILD'S SUPERVISED RELEASE, THE COURT, IF IT DETERMINES THAT THE 3,603
VIOLATION WAS A SERIOUS VIOLATION, MAY REVOKE THE CHILD'S 3,604
SUPERVISED RELEASE AND ORDER THE CHILD TO BE RETURNED TO THE 3,605
DEPARTMENT OF YOUTH SERVICES FOR INSTITUTIONALIZATION OR, IN ANY 3,606
CASE, MAY MAKE ANY OTHER DISPOSITION OF THE CHILD AUTHORIZED BY 3,607
LAW THAT THE COURT CONSIDERS PROPER. IF THE COURT ORDERS THE 3,608
CHILD TO BE RETURNED TO A DEPARTMENT OF YOUTH SERVICES 3,609
INSTITUTION, THE CHILD SHALL REMAIN INSTITUTIONALIZED FOR A 3,610
MINIMUM PERIOD OF THIRTY DAYS, THE DEPARTMENT SHALL NOT REDUCE 3,611
88
THE MINIMUM THIRTY-DAY PERIOD OF INSTITUTIONALIZATION FOR ANY 3,612
TIME THAT THE CHILD WAS HELD IN SECURE CUSTODY SUBSEQUENT TO THE 3,613
CHILD'S ARREST AND PENDING THE REVOCATION HEARING AND THE CHILD'S 3,614
RETURN TO THE DEPARTMENT, THE RELEASE AUTHORITY, IN ITS 3,615
DISCRETION, MAY REQUIRE THE CHILD TO REMAIN IN 3,616
INSTITUTIONALIZATION FOR LONGER THAN THE MINIMUM THIRTY-DAY 3,617
PERIOD, AND THE CHILD IS NOT ELIGIBLE FOR JUDICIAL RELEASE OR
EARLY RELEASE DURING THE MINIMUM THIRTY-DAY PERIOD OF 3,618
INSTITUTIONALIZATION OR ANY PERIOD OF INSTITUTIONALIZATION IN 3,619
EXCESS OF THE MINIMUM THIRTY-DAY PERIOD.
Sec. 5139.53. (A)(1) THE DIRECTOR OF YOUTH SERVICES SHALL 3,622
DESIGNATE CERTAIN EMPLOYEES OF THE DEPARTMENT OF YOUTH SERVICES, 3,623
INCLUDING REGIONAL ADMINISTRATORS, AS PERSONS WHO ARE AUTHORIZED, 3,624
IN ACCORDANCE WITH SECTION 5139.52 OF THE REVISED CODE, TO 3,626
EXECUTE AN ORDER OF APPREHENSION OR A WARRANT FOR, OR OTHERWISE 3,627
TO ARREST, CHILDREN IN THE CUSTODY OF THE DEPARTMENT WHO ARE 3,629
VIOLATING OR ARE ALLEGED TO HAVE VIOLATED THE TERMS AND
CONDITIONS OF SUPERVISED RELEASE. 3,630
(2) THE DIRECTOR OF YOUTH SERVICES SHALL DESIGNATE SOME OF 3,632
THE EMPLOYEES DESIGNATED UNDER DIVISION (A)(1) OF THIS SECTION AS 3,634
EMPLOYEES AUTHORIZED TO CARRY A FIREARM ISSUED BY THE DEPARTMENT 3,635
WHILE ON DUTY FOR THEIR PROTECTION IN CARRYING OUT OFFICIAL
DUTIES.
(B)(1) AN EMPLOYEE OF THE DEPARTMENT DESIGNATED BY THE 3,637
DIRECTOR PURSUANT TO DIVISION (A)(1) OF THIS SECTION AS HAVING 3,640
THE AUTHORITY TO EXECUTE ORDERS OF APPREHENSION OR WARRANTS AND 3,641
TO ARREST CHILDREN AS DESCRIBED IN THAT DIVISION SHALL NOT 3,642
UNDERTAKE AN ARREST UNTIL THE EMPLOYEE HAS SUCCESSFULLY COMPLETED 3,643
TRAINING COURSES REGARDING THE MAKING OF ARRESTS BY EMPLOYEES OF 3,644
THAT NATURE THAT ARE DEVELOPED IN COOPERATION WITH AND APPROVED 3,645
BY THE EXECUTIVE DIRECTOR OF THE OHIO PEACE OFFICER TRAINING 3,646
COMMISSION. THE COURSES SHALL INCLUDE, BUT SHALL NOT BE LIMITED 3,647
TO, TRAINING IN ARREST TACTICS, DEFENSIVE TACTICS, THE USE OF 3,648
FORCE, AND RESPONSE TACTICS. 3,649
89
(2) THE DIRECTOR OF YOUTH SERVICES SHALL DEVELOP, AND 3,652
SHALL SUBMIT TO THE GOVERNOR FOR THE GOVERNOR'S APPROVAL, A 3,653
DEADLY FORCE POLICY FOR THE DEPARTMENT. THE DEADLY FORCE POLICY 3,654
SHALL REQUIRE EACH EMPLOYEE WHO IS DESIGNATED UNDER DIVISION 3,656
(A)(2) OF THIS SECTION TO CARRY A FIREARM IN THE DISCHARGE OF 3,657
OFFICIAL DUTIES TO RECEIVE TRAINING IN THE USE OF DEADLY FORCE, 3,658
SHALL SPECIFY THE NUMBER OF HOURS AND THE GENERAL CONTENT OF THE 3,659
TRAINING IN THE USE OF DEADLY FORCE THAT EACH OF THE DESIGNATED 3,660
EMPLOYEES MUST RECEIVE, AND SHALL SPECIFY THE PROCEDURES THAT 3,661
MUST BE FOLLOWED AFTER THE USE OF DEADLY FORCE BY ANY OF THE 3,662
DESIGNATED EMPLOYEES. UPON RECEIPT OF THE POLICY DEVELOPED BY 3,663
THE DIRECTOR UNDER THIS DIVISION, THE GOVERNOR, IN WRITING, 3,664
PROMPTLY SHALL APPROVE OR DISAPPROVE THE POLICY. IF THE 3,665
GOVERNOR, IN WRITING, DISAPPROVES THE POLICY, THE DIRECTOR SHALL 3,666
DEVELOP AND RESUBMIT A NEW POLICY UNDER THIS DIVISION, AND NO 3,667
EMPLOYEE SHALL BE TRAINED UNDER THE DISAPPROVED POLICY. IF THE 3,668
GOVERNOR, IN WRITING, APPROVES THE POLICY, THE DIRECTOR SHALL 3,669
ADOPT IT AS A DEPARTMENT POLICY AND SHALL DISTRIBUTE IT TO EACH 3,670
EMPLOYEE DESIGNATED UNDER (A)(2) OF THIS SECTION TO CARRY A 3,672
FIREARM IN THE DISCHARGE OF OFFICIAL DUTIES. AN EMPLOYEE
DESIGNATED BY THE DIRECTOR PURSUANT TO DIVISION (A)(2) OF THIS 3,674
SECTION TO CARRY A FIREARM IN THE DISCHARGE OF OFFICIAL DUTIES 3,675
SHALL NOT CARRY A FIREARM UNTIL THE EMPLOYEE HAS SUCCESSFULLY
COMPLETED BOTH OF THE FOLLOWING: 3,676
(a) TRAINING IN THE USE OF DEADLY FORCE THAT COMPORTS WITH 3,679
THE POLICY APPROVED BY THE GOVERNOR AND DEVELOPED AND ADOPTED BY 3,680
THE DIRECTOR UNDER DIVISION (B)(2) OF THIS SECTION. THE TRAINING 3,682
REQUIRED BY THIS DIVISION SHALL BE CONDUCTED AT A TRAINING SCHOOL 3,683
APPROVED BY THE OHIO PEACE OFFICER TRAINING COMMISSION AND SHALL 3,685
BE IN ADDITION TO THE TRAINING DESCRIBED IN DIVISIONS (B)(1) AND 3,686
(2)(b) OF THIS SECTION THAT THE EMPLOYEE MUST COMPLETE PRIOR TO 3,688
UNDERTAKING AN ARREST AND SEPARATE FROM AND INDEPENDENT OF THE 3,689
TRAINING REQUIRED BY DIVISION (B)(2)(b) OF THIS SECTION. 3,691
(b) A BASIC FIREARM TRAINING PROGRAM THAT IS CONDUCTED AT 3,694
90
A TRAINING SCHOOL APPROVED BY THE OHIO PEACE OFFICER TRAINING 3,695
COMMISSION AND THAT IS SUBSTANTIALLY SIMILAR TO THE BASIC FIREARM 3,696
TRAINING PROGRAM FOR PEACE OFFICERS CONDUCTED AT THE OHIO PEACE 3,698
OFFICER TRAINING ACADEMY AND HAS RECEIVED A CERTIFICATE OF 3,699
SATISFACTORY COMPLETION OF THAT PROGRAM FROM THE EXECUTIVE 3,700
DIRECTOR OF THE OHIO PEACE OFFICER TRAINING COMMISSION. THE 3,702
TRAINING DESCRIBED IN THIS DIVISION THAT AN EMPLOYEE MUST 3,703
COMPLETE PRIOR TO CARRYING A FIREARM SHALL BE IN ADDITION TO THE 3,704
TRAINING DESCRIBED IN DIVISION (B)(1) OF THIS SECTION THAT THE 3,705
EMPLOYEE MUST COMPLETE PRIOR TO UNDERTAKING AN ARREST. 3,706
(C) AFTER RECEIPT OF A CERTIFICATE OF SATISFACTORY 3,709
COMPLETION OF A BASIC FIREARM TRAINING PROGRAM, TO MAINTAIN THE 3,710
RIGHT TO CARRY A FIREARM IN THE DISCHARGE OF OFFICIAL DUTIES, AN 3,711
EMPLOYEE AUTHORIZED UNDER THIS SECTION TO CARRY A FIREARM SHALL 3,712
SUCCESSFULLY COMPLETE A FIREARMS REQUALIFICATION PROGRAM IN 3,713
ACCORDANCE WITH SECTION 109.801 OF THE REVISED CODE.
(D) EACH EMPLOYEE AUTHORIZED TO CARRY A FIREARM SHALL GIVE 3,716
BOND TO THE STATE TO BE APPROVED BY THE CLERK OF THE COURT OF 3,717
COMMON PLEAS IN THE COUNTY OF THAT EMPLOYEE'S RESIDENCE. THE 3,718
BOND SHALL BE IN THE SUM OF ONE THOUSAND DOLLARS, CONDITIONED TO 3,719
SAVE THE PUBLIC HARMLESS BY REASON OF THE UNLAWFUL USE OF A 3,720
FIREARM. A PERSON INJURED OR THE FAMILY OF A PERSON KILLED BY 3,721
THE EMPLOYEE'S IMPROPER USE OF A FIREARM MAY HAVE RECOURSE ON THE 3,722
BOND.
(E) IN ADDITION TO THE DEADLY FORCE POLICY ADOPTED UNDER 3,724
DIVISION (B)(2) OF THIS SECTION, THE DIRECTOR OF YOUTH SERVICES 3,726
SHALL ESTABLISH POLICIES FOR THE CARRYING AND USE OF FIREARMS BY 3,727
THE EMPLOYEES THAT THE DIRECTOR DESIGNATES UNDER THIS SECTION. 3,728
Sec. 5139.54. (A) NOTWITHSTANDING ANY OTHER PROVISION FOR 3,730
DETERMINING WHEN A CHILD SHALL BE RELEASED OR DISCHARGED FROM THE 3,732
LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES, INCLUDING 3,733
JURISDICTIONAL PROVISIONS IN SECTION 2151.38 OF THE REVISED CODE, 3,734
THE RELEASE AUTHORITY, FOR MEDICAL REASONS, MAY RELEASE A CHILD 3,735
UPON SUPERVISED RELEASE OR DISCHARGE THE CHILD FROM THE CUSTODY 3,736
91
OF THE DEPARTMENT WHEN ANY OF THE FOLLOWING APPLIES: 3,737
(1) THE CHILD IS TERMINALLY ILL OR OTHERWISE IN IMMINENT 3,740
DANGER OF DEATH.
(2) THE CHILD IS INCAPACITATED DUE TO INJURY, DISEASE, 3,742
ILLNESS, OR OTHER MEDICAL CONDITION AND IS NO LONGER A THREAT TO 3,743
PUBLIC SAFETY. 3,744
(3) THE CHILD APPEARS TO BE A MENTALLY ILL PERSON SUBJECT 3,747
TO HOSPITALIZATION BY COURT ORDER, AS DEFINED IN SECTION 5122.01
OF THE REVISED CODE, OR A MENTALLY RETARDED PERSON SUBJECT TO 3,750
INSTITUTIONALIZATION BY COURT ORDER, AS DEFINED IN SECTION
5123.01 OF THE REVISED CODE. 3,751
(B) WHEN CONSIDERING WHETHER TO RELEASE OR DISCHARGE A 3,754
CHILD UNDER THIS SECTION FOR MEDICAL REASONS, THE RELEASE 3,756
AUTHORITY MAY REQUEST ADDITIONAL MEDICAL INFORMATION ABOUT THE 3,757
CHILD OR MAY ASK THE DEPARTMENT TO CONDUCT ADDITIONAL MEDICAL 3,758
EXAMINATIONS.
(C) THE RELEASE AUTHORITY SHALL DETERMINE THE APPROPRIATE 3,761
LEVEL OF SUPERVISED RELEASE FOR A CHILD RELEASED UNDER THIS 3,762
SECTION. THE TERMS AND CONDITIONS OF THE RELEASE MAY REQUIRE 3,763
PERIODIC MEDICAL REEVALUATIONS AS APPROPRIATE. UPON GRANTING A 3,765
RELEASE OR DISCHARGE UNDER THIS SECTION, THE RELEASE AUTHORITY
SHALL GIVE NOTICE OF THE RELEASE AND ITS TERMS AND CONDITIONS OR 3,766
OF THE DISCHARGE TO THE COURT THAT COMMITTED THE CHILD TO THE 3,767
CUSTODY OF THE DEPARTMENT. 3,768
(D) THE RELEASE AUTHORITY SHALL SUBMIT ANNUALLY TO THE 3,771
DIRECTOR OF YOUTH SERVICES A REPORT THAT INCLUDES ALL OF THE 3,772
FOLLOWING INFORMATION FOR THE PREVIOUS CALENDAR YEAR: 3,773
(1) THE NUMBER OF CHILDREN THE RELEASE AUTHORITY 3,775
CONSIDERED FOR MEDICAL RELEASE OR DISCHARGE; 3,776
(2) THE NATURE OF THE INJURY, DISEASE, ILLNESS, OR OTHER 3,778
MEDICAL CONDITION OF EACH CHILD CONSIDERED FOR MEDICAL RELEASE OR 3,779
DISCHARGE; 3,780
(3) THE DECISION MADE BY THE RELEASE AUTHORITY FOR EACH 3,782
CHILD, INCLUDING THE REASONS FOR DENYING MEDICAL RELEASE OR 3,783
92
DISCHARGE OR FOR GRANTING IT; 3,784
(4) THE NUMBER OF CHILDREN ON MEDICAL RELEASE WHO WERE 3,786
RETURNED TO A SECURE FACILITY OR WHOSE SUPERVISED RELEASE WAS 3,787
REVOKED. 3,788
Sec. 5139.55. (A)(1) THE OFFICE OF VICTIMS' SERVICES IS 3,791
HEREBY CREATED WITHIN THE RELEASE AUTHORITY OF THE DEPARTMENT OF 3,792
YOUTH SERVICES. THE OFFICE OF VICTIMS' SERVICES SHALL PROVIDE 3,793
ASSISTANCE TO VICTIMS, VICTIMS' REPRESENTATIVES, AND MEMBERS OF A 3,794
VICTIM'S FAMILY. THE ASSISTANCE SHALL INCLUDE, BUT SHALL NOT BE 3,795
LIMITED TO, ALL OF THE FOLLOWING: 3,796
(a) IF THE COURT HAS PROVIDED THE NAME AND ADDRESS OF THE 3,799
VICTIMS OF THE CHILD'S ACTS TO THE DEPARTMENT OF YOUTH SERVICES, 3,800
NOTIFICATION THAT THE CHILD HAS BEEN COMMITTED TO THE DEPARTMENT, 3,801
NOTIFICATION OF THE RIGHT OF THE VICTIM OR ANOTHER AUTHORIZED 3,802
PERSON TO DESIGNATE A PERSON AS A VICTIM'S REPRESENTATIVE UNDER 3,804
SECTION 5139.56 OF THE REVISED CODE AND OF THE ACTIONS THAT MUST 3,806
BE TAKEN TO MAKE THAT DESIGNATION, AND NOTIFICATION OF THE RIGHT 3,807
TO BE NOTIFIED OF RELEASE REVIEWS, PENDING RELEASE HEARINGS, 3,808
REVOCATION REVIEWS, AND DISCHARGE REVIEWS RELATED TO THAT CHILD 3,809
AND OF THE RIGHT TO PARTICIPATE IN RELEASE PROCEEDINGS UNDER THAT 3,810
SECTION AND OF THE ACTIONS THAT MUST BE TAKEN TO EXERCISE THOSE 3,811
RIGHTS;
(b) THE PROVISION OF INFORMATION ABOUT THE POLICIES AND 3,814
PROCEDURES OF THE DEPARTMENT OF YOUTH SERVICES AND THE STATUS OF
CHILDREN IN THE LEGAL CUSTODY OF THE DEPARTMENT. 3,815
(2) THE OFFICE SHALL MAKE AVAILABLE PUBLICATIONS TO ASSIST 3,818
VICTIMS IN CONTACTING STAFF OF THE DEPARTMENT ABOUT PROBLEMS WITH 3,819
CHILDREN ON SUPERVISED RELEASE OR IN A SECURE FACILITY. 3,820
(B) THE OFFICE OF VICTIMS' SERVICES SHALL EMPLOY A VICTIMS 3,823
COORDINATOR WHO SHALL ADMINISTER THE DUTIES OF THE OFFICE. THE 3,824
VICTIMS COORDINATOR SHALL BE IN THE UNCLASSIFIED CIVIL SERVICE 3,825
AND, AS A MANAGING OFFICER OF THE DEPARTMENT, SHALL REPORT 3,826
DIRECTLY TO THE CHAIRPERSON OF THE RELEASE AUTHORITY. THE OFFICE 3,827
SHALL EMPLOY OTHER STAFF MEMBERS TO ASSIST THE MEMBERS OF THE 3,828
93
RELEASE AUTHORITY AND HEARING REPRESENTATIVES IN IDENTIFYING 3,829
VICTIMS' ISSUES, ENSURE THAT THE RELEASE AUTHORITY UPHOLDS THE 3,830
PROVISIONS OF SECTION 5139.56 OF THE REVISED CODE, AND MAKE 3,831
RECOMMENDATIONS TO THE RELEASE AUTHORITY IN ACCORDANCE WITH 3,832
POLICIES ADOPTED BY THE DEPARTMENT. THE CHAIRPERSON OF THE 3,833
RELEASE AUTHORITY SHALL APPROVE THE HIRING OF THE EMPLOYEES OF 3,834
THE OFFICE.
(C) THE OFFICE OF VICTIMS' SERVICES SHALL COORDINATE ITS 3,837
ACTIVITIES WITH THE CHAIRPERSON OF THE RELEASE AUTHORITY. THE 3,838
VICTIMS COORDINATOR AND OTHER EMPLOYEES OF THE OFFICE SHALL HAVE 3,839
FULL ACCESS TO THE RECORDS OF CHILDREN IN THE LEGAL CUSTODY OF 3,840
THE DEPARTMENT IN ACCORDANCE WITH DIVISION (D) OF SECTION 5139.05 3,841
OF THE REVISED CODE.
Sec. 5139.56. (A) THE VICTIM OF AN ACT FOR WHICH A CHILD 3,843
HAS BEEN COMMITTED TO THE LEGAL CUSTODY OF THE DEPARTMENT OF 3,845
YOUTH SERVICES MAY SUBMIT A WRITTEN REQUEST TO THE RELEASE 3,846
AUTHORITY TO NOTIFY THE VICTIM OF ALL RELEASE REVIEWS, PENDING 3,847
RELEASE HEARINGS, SUPERVISED RELEASE REVOCATION HEARINGS, AND 3,848
DISCHARGE REVIEWS RELATING TO THE CHILD, OF THE PLACEMENT OF THE 3,850
CHILD ON SUPERVISED RELEASE, AND OF THE DISCHARGE OF THE CHILD. 3,852
IF THE VICTIM IS A MINOR, IS INCAPACITATED, INCOMPETENT, OR 3,854
CHOOSES TO BE REPRESENTED BY ANOTHER PERSON, THE VICTIM MAY 3,855
DESIGNATE IN WRITING A PERSON TO ACT ON THE VICTIM'S BEHALF AS A
VICTIM'S REPRESENTATIVE AND TO REQUEST AND RECEIVE THE NOTICES. 3,856
IF THE VICTIM IS DECEASED, THE EXECUTOR OR ADMINISTRATOR OF THE 3,858
VICTIM'S ESTATE OR, IF THERE IS NO EXECUTOR OR ADMINISTRATOR OF 3,859
THE VICTIM'S ESTATE, A MEMBER OF THE VICTIM'S FAMILY MAY 3,860
DESIGNATE IN WRITING A PERSON TO ACT ON THE VICTIM'S BEHALF AS A 3,861
VICTIM'S REPRESENTATIVE AND TO REQUEST AND RECEIVE THE NOTICES. 3,863
IF MORE THAN ONE PERSON SEEKS TO ACT AS THE REPRESENTATIVE OF THE 3,864
VICTIM, THE RELEASE AUTHORITY SHALL DESIGNATE ONE PERSON TO ACT 3,865
AS THE VICTIM'S REPRESENTATIVE. IF THE VICTIM CHOOSES NOT TO 3,866
HAVE A REPRESENTATIVE, THE VICTIM SHALL BE THE SOLE PERSON
ACCORDED RIGHTS UNDER THIS SECTION. THE RELEASE AUTHORITY MAY 3,867
94
GIVE NOTICE BY ANY MEANS REASONABLY CALCULATED TO PROVIDE PROMPT 3,868
ACTUAL NOTICE. 3,869
IF A VICTIM, AN EXECUTOR OR ADMINISTRATOR, OR A MEMBER OF A 3,872
VICTIM'S FAMILY DESIGNATES A PERSON IN WRITING PURSUANT TO THIS
DIVISION TO ACT ON THE VICTIM'S BEHALF AS A VICTIM'S 3,874
REPRESENTATIVE, THE VICTIM, EXECUTOR, ADMINISTRATOR, OR FAMILY 3,875
MEMBER, OR THE VICTIM'S REPRESENTATIVE, SHALL NOTIFY THE RELEASE 3,876
AUTHORITY THAT THE VICTIM'S REPRESENTATIVE IS TO ACT FOR THE 3,877
VICTIM. A VICTIM, EXECUTOR, ADMINISTRATOR, OR MEMBER OF A 3,878
VICTIM'S FAMILY WHO HAS DESIGNATED A PERSON IN WRITING PURSUANT 3,879
TO THIS DIVISION TO ACT ON THE VICTIM'S BEHALF AS A VICTIM'S 3,880
REPRESENTATIVE MAY REVOKE THE AUTHORITY OF THAT PERSON TO ACT AS 3,881
THE VICTIM'S REPRESENTATIVE. UPON THE REVOCATION, THE VICTIM, 3,882
EXECUTOR, ADMINISTRATOR, OR MEMBER OF THE VICTIM'S FAMILY SHALL 3,883
NOTIFY THE RELEASE AUTHORITY IN WRITING THAT THE AUTHORITY OF THE 3,885
PERSON TO SO ACT HAS BEEN REVOKED. AT ANY TIME AFTER THE 3,886
REVOCATION, THE VICTIM, EXECUTOR, ADMINISTRATOR, OR MEMBER OF THE 3,887
VICTIM'S FAMILY MAY DESIGNATE IN WRITING A DIFFERENT PERSON TO 3,888
ACT ON THE VICTIM'S BEHALF AS A VICTIM'S REPRESENTATIVE. 3,889
THE VICTIM OR VICTIM'S REPRESENTATIVE SHALL PROVIDE THE 3,891
RELEASE AUTHORITY AN ADDRESS OR TELEPHONE NUMBER AT WHICH NOTICE 3,892
MAY BE GIVEN AND SHALL NOTIFY THE RELEASE AUTHORITY IN WRITING OF 3,893
ANY CHANGES IN THAT INFORMATION. IF AT ANY TIME THE VICTIM OR 3,894
VICTIM'S REPRESENTATIVE ELECTS TO WAIVE NOTICE AND OTHER RIGHTS 3,895
AFFORDED BY THIS SECTION, THE VICTIM OR VICTIM'S REPRESENTATIVE 3,896
MAY DO SO IN A WRITTEN STATEMENT TO THE RELEASE AUTHORITY. 3,898
(B) IF A VICTIM OR VICTIM'S REPRESENTATIVE HAS REQUESTED 3,901
NOTICE OF RELEASE REVIEWS, PENDING RELEASE HEARINGS, SUPERVISED 3,903
RELEASE REVOCATION HEARINGS, AND DISCHARGE REVIEWS RELATED TO A 3,904
CHILD, OF THE PLACEMENT OF THE CHILD ON SUPERVISED RELEASE, AND 3,906
OF THE DISCHARGE OF THE CHILD, THE RELEASE AUTHORITY SHALL GIVE 3,907
THAT PERSON NOTICE OF A RELEASE REVIEW, RELEASE HEARING, OR 3,908
DISCHARGE REVIEW AT LEAST THIRTY DAYS PRIOR TO THE DATE OF THE 3,909
REVIEW OR HEARING. THE NOTICE SHALL SPECIFY THE DATE, TIME, AND 3,911
95
PLACE OF THE REVIEW OR HEARING, THE RIGHT OF THE VICTIM OR
VICTIM'S REPRESENTATIVE TO MAKE AN ORAL OR WRITTEN STATEMENT 3,912
ADDRESSING THE IMPACT OF THE OFFENSE OR DELINQUENT ACT UPON THE 3,914
VICTIM OR ORAL OR WRITTEN COMMENTS REGARDING THE POSSIBLE RELEASE 3,915
OR DISCHARGE, AND, IF THE NOTICE PERTAINS TO A HEARING, THE RIGHT 3,917
TO ATTEND, AND MAKE THE STATEMENTS OR COMMENTS AT THE HEARING. 3,918
UPON RECEIVING NOTICE THAT A RELEASE HEARING IS SCHEDULED, A 3,919
VICTIM OR VICTIM'S REPRESENTATIVE WHO INTENDS TO ATTEND THE
RELEASE HEARING, AT LEAST TWO DAYS PRIOR TO THE HEARING, SHALL 3,921
NOTIFY THE RELEASE AUTHORITY OF THE VICTIM'S OR REPRESENTATIVE'S 3,922
INTENTION TO BE PRESENT AT THE RELEASE HEARING SO THAT THE 3,923
RELEASE AUTHORITY MAY ENSURE APPROPRIATE ACCOMMODATIONS AND 3,924
SECURITY. IF THE CHILD IS PLACED ON SUPERVISED RELEASE OR IS 3,925
DISCHARGED, THE RELEASE AUTHORITY SHALL PROVIDE NOTICE OF THE 3,926
RELEASE OR DISCHARGE TO THE VICTIM OR VICTIM'S REPRESENTATIVE IN 3,927
ACCORDANCE WITH DIVISION (G) OF SECTION 5139.51 OF THE REVISED 3,929
CODE. IF THE CHILD IS ON SUPERVISED RELEASE, IF A COURT HAS 3,930
SCHEDULED A HEARING PURSUANT TO DIVISION (F) OF SECTION 5139.52 3,932
OF THE REVISED CODE TO CONSIDER THE REVOCATION OF THE SUPERVISED 3,933
RELEASE, AND IF THE RELEASE AUTHORITY HAS BEEN INFORMED OF THE 3,934
HEARING, THE RELEASE AUTHORITY PROMPTLY SHALL NOTIFY THE VICTIM 3,935
OR VICTIM'S REPRESENTATIVE OF THE DATE, TIME, AND PLACE OF THE 3,936
HEARING.
(C) IF A VICTIM OR VICTIM'S REPRESENTATIVE HAS REQUESTED 3,939
NOTICE OF RELEASE REVIEWS, PENDING RELEASE HEARINGS, SUPERVISED 3,940
RELEASE REVOCATION HEARINGS, AND DISCHARGE REVIEWS RELATED TO A 3,941
CHILD, OF THE PLACEMENT OF THE CHILD ON SUPERVISED RELEASE, AND 3,943
OF THE DISCHARGE OF THE CHILD, AND IF A RELEASE REVIEW, RELEASE 3,944
HEARING, OR DISCHARGE REVIEW IS SCHEDULED OR PENDING, THE RELEASE 3,946
AUTHORITY SHALL GIVE THAT PERSON AN OPPORTUNITY TO PROVIDE A 3,948
WRITTEN STATEMENT OR COMMUNICATE ORALLY WITH A REPRESENTATIVE OF 3,949
THE RELEASE AUTHORITY REGARDING THE POSSIBLE RELEASE OR DISCHARGE 3,950
OR TO MAKE ORAL OR WRITTEN COMMENTS REGARDING THE POSSIBLE 3,951
RELEASE OR DISCHARGE TO A REPRESENTATIVE OF THE RELEASE 3,952
96
AUTHORITY, REGARDLESS OF WHETHER THE VICTIM OR VICTIM'S 3,953
REPRESENTATIVE IS PRESENT AT A HEARING ON THE MATTER. IF A 3,954
VICTIM OR VICTIM'S REPRESENTATIVE IS PRESENT AT A RELEASE 3,955
HEARING, THE AUTHORITY SHALL GIVE THAT PERSON AN OPPORTUNITY TO 3,956
MAKE THE ORAL OR WRITTEN STATEMENT OR COMMENTS AT THE HEARING. 3,957
THE ORAL OR WRITTEN STATEMENT AND COMMENTS MAY ADDRESS THE IMPACT 3,958
OF THE OFFENSE OR DELINQUENT ACT UPON THE VICTIM, INCLUDING THE 3,959
NATURE AND EXTENT OF ANY HARM SUFFERED, THE EXTENT OF ANY 3,960
PROPERTY DAMAGE OR ECONOMIC LOSS, ANY RESTITUTION ORDERED BY THE 3,961
COMMITTING COURT AND THE PROGRESS THE CHILD HAS MADE TOWARD 3,962
FULFILLMENT OF THAT OBLIGATION, AND THE VICTIM'S RECOMMENDATION 3,963
FOR THE OUTCOME OF THE RELEASE HEARING. A WRITTEN STATEMENT OR 3,964
WRITTEN COMMENTS SUBMITTED BY A VICTIM OR A VICTIM'S 3,965
REPRESENTATIVE UNDER THIS SECTION ARE CONFIDENTIAL, ARE NOT A 3,966
PUBLIC RECORD, AND SHALL BE RETURNED TO THE RELEASE AUTHORITY AT 3,969
THE END OF A RELEASE HEARING BY ANY PERSON WHO RECEIVES A COPY OF 3,970
THEM.
AT A RELEASE HEARING BEFORE THE RELEASE AUTHORITY, A VICTIM 3,972
OR VICTIM'S REPRESENTATIVE MAY BE ACCOMPANIED BY ANOTHER PERSON 3,973
FOR SUPPORT, BUT THAT PERSON SHALL NOT ACT AS A VICTIM'S 3,974
REPRESENTATIVE. THE RELEASE AUTHORITY AND OTHER EMPLOYEES OF THE 3,976
DEPARTMENT OF YOUTH SERVICES SHALL MAKE REASONABLE EFFORTS TO 3,977
MINIMIZE CONTACT BETWEEN THE CHILD AND THE VICTIM, VICTIM'S
REPRESENTATIVE, OR SUPPORT PERSON BEFORE, DURING, AND AFTER THE 3,978
HEARING. THE RELEASE AUTHORITY SHALL USE A SEPARATE WAITING AREA 3,980
FOR THE VICTIM, VICTIM'S REPRESENTATIVE, AND SUPPORT PERSON IF A 3,981
SEPARATE AREA IS AVAILABLE.
(D) AT NO TIME SHALL A VICTIM OR VICTIM'S REPRESENTATIVE 3,984
BE COMPELLED TO DISCLOSE THE VICTIM'S ADDRESS, PLACE OF 3,985
EMPLOYMENT, OR SIMILAR IDENTIFYING INFORMATION TO THE CHILD OR 3,986
THE CHILD'S PARENT OR LEGAL GUARDIAN. UPON REQUEST OF A VICTIM 3,987
OR A VICTIM'S REPRESENTATIVE, THE RELEASE AUTHORITY SHALL KEEP IN 3,988
ITS FILES ONLY THE ADDRESS OR TELEPHONE NUMBER TO WHICH IT SHALL 3,989
SEND NOTICE OF A RELEASE REVIEW, PENDING RELEASE HEARING,
97
SUPERVISED RELEASE REVOCATION HEARING, DISCHARGE REVIEW, GRANT OF 3,990
SUPERVISED RELEASE, OR DISCHARGE. 3,991
(E) NO EMPLOYER SHALL DISCHARGE, DISCIPLINE, OR OTHERWISE 3,994
RETALIATE AGAINST A VICTIM OR VICTIM'S REPRESENTATIVE FOR 3,995
PARTICIPATING IN A HEARING BEFORE THE RELEASE AUTHORITY. THIS 3,996
DIVISION GENERALLY DOES NOT REQUIRE AN EMPLOYER TO COMPENSATE AN 3,997
EMPLOYEE FOR TIME LOST AS A RESULT OF ATTENDANCE AT A HEARING 3,998
BEFORE THE RELEASE AUTHORITY.
(F) THE RELEASE AUTHORITY SHALL MAKE REASONABLE, GOOD 4,001
FAITH EFFORTS TO COMPLY WITH THE PROVISIONS OF THIS SECTION. 4,002
FAILURE OF THE RELEASE AUTHORITY TO COMPLY WITH THIS SECTION DOES 4,003
NOT GIVE RISE TO A CLAIM FOR DAMAGES AGAINST THE RELEASE 4,004
AUTHORITY AND DOES NOT REQUIRE MODIFICATION OF A FINAL DECISION 4,005
BY THE RELEASE AUTHORITY. 4,006
(G) IF A VICTIM IS IN THE LEGAL CUSTODY OF THE DEPARTMENT 4,009
OF YOUTH SERVICES AND RESIDES IN A SECURE FACILITY OR IN ANOTHER 4,010
SECURE RESIDENTIAL PROGRAM, INCLUDING A COMMUNITY CORRECTIONS 4,011
FACILITY, OR IS INCARCERATED, THE RELEASE AUTHORITY MAY MODIFY 4,012
THE VICTIM'S RIGHTS UNDER THIS SECTION TO PREVENT A SECURITY 4,013
RISK, HARDSHIP, OR UNDUE BURDEN UPON A PUBLIC OFFICIAL OR AGENCY 4,014
WITH A DUTY UNDER THIS SECTION. IF THE VICTIM RESIDES IN ANOTHER 4,015
STATE UNDER SIMILAR CIRCUMSTANCES, THE RELEASE AUTHORITY MAY MAKE 4,016
SIMILAR MODIFICATIONS OF THE VICTIM'S RIGHTS. 4,017
Section 2. That existing sections 109.801, 181.26, 4,019
2151.312, 2151.355, 2151.38, 5139.01, 5139.04, 5139.05, 5139.06, 4,021
5139.07, 5139.08, 5139.18, 5139.20, 5139.35, 5139.38, and 5139.43 4,022
of the Revised Code are hereby repealed. 4,023
Section 3. Sections 1 and 2 of this act, except for 4,025
section 181.26 of the Revised Code, as amended by this act, and 4,026
except for section 5139.50 of the Revised Code, as enacted by 4,027
this act, shall take effect July 1, 1998. Section 181.26, as 4,028
amended by this act, shall take effect on the earliest date 4,029
permitted by law. Section 5139.50 of the Revised Code, as
enacted by this act, shall take effect January 1, 1998. 4,030
98
Section 4. Section 2151.312 of the Revised Code is 4,032
presented in this act as a composite of the section as amended by 4,033
both Sub. H.B. 265 and Am. Sub. H.B. 124 of the 121st General 4,034
Assembly, with the new language of neither of the acts shown in 4,036
capital letters. Section 5139.20 of the Revised Code is 4,037
presented in this act as a composite of the section as amended by 4,038
both Am. Sub. S.B. 2 and Am. Sub. H.B. 1 of the 121st General 4,039
Assembly, with the new language of neither of the acts shown in 4,041
capital letters. This is in recognition of the principle stated 4,042
in division (B) of section 1.52 of the Revised Code that such 4,043
amendments are to be harmonized where not substantively 4,044
irreconcilable and constitutes a legislative finding that such is 4,045
the resulting version in effect prior to the effective date of 4,046
this act.