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          

                                                          4      

                                                                 
      (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          

                                                          5      

                                                                 
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          

                                                          6      

                                                                 
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          

                                                          14     

                                                                 
      (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.