As Passed by the Senate                       1            

122nd General Assembly                                             4            

   Regular Session                        Am. Sub. H. B. No. 526   5            

      1997-1998                                                    6            


  REPRESENTATIVES CLANCY-TIBERI-COUGHLIN-PADGETT-CATES-GARCIA-     8            

  COLONNA-VAN VYVEN-LEWIS-THOMAS-ROMAN-WESTON-NETZLEY-O'BRIEN-     9            

      TAYLOR-JONES-PRINGLE-BOYD-LUCAS-FORD-CALLENDER-MYERS-        10           

       WILLAMOWSKI-MASON-WINKLER-TERWILLEGER-BATEMAN-REID-         11           

       GRENDELL-SALERNO-BRADING-CORE-HOUSEHOLDER-JOHNSON-          12           

        GARDNER-OPFER-DAMSCHRODER-BENDER-JOLIVETTE-MOTTL-          13           

                   PATTON-VESPER-HARRIS-OLMAN-                     14           

                 SENATORS BLESSING-LATTA-HOWARD                    15           


                                                                   17           

                           A   B I L L                                          

             To amend sections 2151.315, 2151.355, 2151.38,        19           

                2901.07, 5139.01, 5139.02, 5139.04, 5139.05,       20           

                5139.18, 5139.36, 5139.42, 5139.50, 5139.51,                    

                5139.52, 5139.53, and 5139.56 of the Revised Code  22           

                to expand the circumstances under which a DNA      23           

                specimen must be taken from a convicted offender   25           

                or adjudicated delinquent child, to clarify,       26           

                conform, or revise certain provisions of the                    

                Juvenile Court Law and Department of Youth         27           

                Services Law that were enacted in or affected by                

                Am. Sub. H.B. 1 of the 122nd General Assembly, to  28           

                reestablish the authority of a juvenile court      29           

                judge to place a public safety bed delinquent                   

                child in a community corrections facility, and to  30           

                maintain the provisions of this act on and after   31           

                January 1, 1999, by amending the version of                     

                section 2151.355 of the Revised Code that takes    32           

                effect on that date.                                            




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        34           

                                                          2      

                                                                 
      Section 1.  That sections 2151.315, 2151.355, 2151.38,       36           

2901.07, 5139.01, 5139.02, 5139.04, 5139.05, 5139.18, 5139.36,     37           

5139.42, 5139.50, 5139.51, 5139.52, 5139.53, and 5139.56 of the    39           

Revised Code be amended to read as follows:                        40           

      Sec. 2151.315.  (A)  As used in this section, "DNA           49           

analysis" and "DNA specimen" have the same meanings as in section  50           

109.573 of the Revised Code.                                       51           

      (B)(1)  A child who is adjudicated a delinquent child for    53           

committing an act listed in division (D) of this section and who   54           

is committed to the custody of the department of youth services    55           

or to a school, camp, institution, or other facility for           56           

delinquent children described in division (A)(3) of section        57           

2151.355 of the Revised Code shall submit to a DNA specimen        58           

collection procedure administered by the director of youth                      

services if committed to the department or by the chief            59           

administrative officer of the school, camp, institution, or other  60           

facility for delinquent children to which the child was            61           

committed.  If the court commits the child to the department of    62           

youth services, the director of youth services shall cause the     63           

DNA specimen to be collected from the child during the intake      64           

process at an institution operated by or under the control of the  65           

department.  If the court commits the child to a school, camp,     66           

institution, or other facility for delinquent children, the chief  67           

administrative officer of the school, camp, institution, or        68           

facility to which the child is committed shall cause the DNA       70           

specimen to be collected from the child during the intake process  71           

for the school, camp, institution, or facility.  In accordance     72           

with division (C) of this section, the director or the chief       73           

administrative officer shall cause the DNA specimen to be          76           

forwarded to the bureau of criminal identification and             77           

investigation no later than fifteen days after the date of the     78           

collection of the DNA specimen.  The DNA specimen shall be         79           

collected from the child in accordance with division (C) of this   81           

section.                                                                        

                                                          3      

                                                                 
      (2)  If a child is adjudicated a delinquent child for        83           

committing an act listed in division (D) of this section, is       85           

committed to the department of youth services or to a school,      87           

camp, institution, or other facility for delinquent children, and  88           

does not submit to a DNA specimen collection procedure pursuant    90           

to division (B)(1) of this section, prior to the child's release   91           

from the custody of the department of youth services or from the   92           

custody of the school, camp, institution, or facility, the child   93           

shall submit to, and the director of youth services or the chief   94           

administrator of the school, camp, institution, or facility to     95           

which the child is committed shall administer, a DNA specimen      96           

collection procedure at the institution operated by or under the   97           

control of the department of youth services or at the school,      98           

camp, institution, or facility to which the child is committed.    99           

In accordance with division (C) of this section, the director or   100          

the chief administrative officer shall cause the DNA specimen to   103          

be forwarded to the bureau of criminal identification and                       

investigation no later than fifteen days after the date of the     104          

collection of the DNA specimen.  The DNA specimen shall be         105          

collected in accordance with division (C) of this section.         106          

      (C)  A physician, registered nurse, licensed practical       109          

nurse, duly licensed clinical laboratory technician, or other      110          

qualified medical practitioner shall collect in a medically                     

approved manner the DNA specimen required to be collected          111          

pursuant to division (B) of this section.  No later than fifteen   112          

days after the date of the collection of the DNA specimen, the     113          

director of youth services or the chief administrative officer of  115          

the school, camp, institution, or other facility for delinquent    116          

children to which the child is committed shall cause the DNA       117          

specimen to be forwarded to the bureau of criminal identification  119          

and investigation in accordance with procedures established by     120          

the superintendent of the bureau under division (H) of section     122          

109.573 of the Revised Code.  The bureau shall provide the         123          

specimen vials, mailing tubes, labels, postage, and instruction    124          

                                                          4      

                                                                 
needed for the collection and forwarding of the DNA specimen to    126          

the bureau.                                                                     

      (D)  The director of youth services and the chief            128          

administrative officer of a school, camp, institution, or other    129          

facility for delinquent children shall cause a DNA specimen to be  130          

collected in accordance with divisions (B) and (C) of this         131          

section from each child in its custody who is adjudicated a        132          

delinquent child for committing any of the following acts:         134          

      (1)  A violation of section 2903.01, 2903.02, 2905.01,       136          

2907.02, 2907.03, 2907.04, 2907.05, or 2911.11 of the Revised      138          

Code;                                                                           

      (2)  A violation of section 2907.12 of the Revised Code as   140          

it existed prior to September 3, 1996;                             141          

      (3)  An attempt to commit a violation of section 2907.02,    143          

2907.03, 2907.04, or 2907.05 of the Revised Code or to commit a    145          

violation of section 2907.12 of the Revised Code as it existed     146          

prior to September 3, 1996;                                        147          

      (4)  A violation of any law that arose out of the same       149          

facts and circumstances and same act as did a charge against the   152          

child of a violation of section 2903.01, 2903.02, 2905.01,         153          

2907.02, 2907.03, 2907.04, or 2907.05, OR 2911.11 of the Revised   154          

Code that previously was dismissed OR AMENDED or as did a charge   155          

against the child of a violation of section 2907.12 of the         156          

Revised Code as it existed prior to September 3, 1996, that        157          

previously was dismissed OR AMENDED;                                            

      (5)  A violation of section 2905.02 or 2919.23 of the        159          

Revised Code that would have been a violation of section 2905.04   161          

of the Revised Code as it existed prior to July 1, 1996, had the   162          

violation been committed prior to that date.                                    

      (E)  The director of youth services and the chief            164          

administrative officer of a school, camp, institution, or other    165          

facility for delinquent children is not required to comply with    166          

this section until the superintendent of the bureau of criminal    168          

identification and investigation gives agencies in the juvenile    169          

                                                          5      

                                                                 
justice system, as defined in section 181.51 of the Revised Code,               

in the state official notification that the state DNA laboratory   172          

is prepared to accept DNA specimens.                               173          

      Sec. 2151.355.  (A)  If a child is adjudicated a delinquent  183          

child, the court may make any of the following orders of           185          

disposition:                                                                    

      (1)  Any order that is authorized by section 2151.353 of     187          

the Revised Code;                                                  188          

      (2)  Place the child on probation under any conditions that  190          

the court prescribes.  If the child is adjudicated a delinquent    191          

child for violating section 2909.05, 2909.06, or 2909.07 of the    193          

Revised Code and if restitution is appropriate under the                        

circumstances of the case, the court shall require the child to    194          

make restitution for the property damage caused by the child's     195          

violation as a condition of the child's probation.  If the child   197          

is adjudicated a delinquent child because the child violated any   198          

other section of the Revised Code, the court may require the       199          

child as a condition of the child's probation to make restitution  200          

for the property damage caused by the child's violation and for    201          

the value of the property that was the subject of the violation    202          

the child committed if it would be a theft offense, as defined in  203          

division (K) of section 2913.01 of the Revised Code, if committed  204          

by an adult.  The restitution may be in the form of a cash         205          

reimbursement paid in a lump sum or in installments, the           206          

performance of repair work to restore any damaged property to its  207          

original condition, the performance of a reasonable amount of      208          

labor for the victim approximately equal to the value of the       209          

property damage caused by the child's violation or to the value    210          

of the property that is the subject of the violation if it would   211          

be a theft offense if committed by an adult, the performance of    212          

community service or community work, any other form of             213          

restitution devised by the court, or any combination of the        214          

previously described forms of restitution.                                      

      If the child is adjudicated a delinquent child for           216          

                                                          6      

                                                                 
violating a law of this state or the United States, or an          217          

ordinance or regulation of a political subdivision of this state,  218          

that would be a crime if committed by an adult or for violating    220          

division (A) of section 2923.211 of the Revised Code, the court,                

in addition to all other required or permissive conditions of      222          

probation that the court imposes upon the delinquent child         224          

pursuant to division (A)(2) of this section, shall require the     225          

child as a condition of the child's probation to abide by the law  226          

during the period of probation, including, but not limited to,     227          

complying with the provisions of Chapter 2923. of the Revised      228          

Code relating to the possession, sale, furnishing, transfer,       229          

disposition, purchase, acquisition, carrying, conveying, or use    230          

of, or other conduct involving, a firearm or dangerous ordnance,   231          

as defined in section 2923.11 of the Revised Code.                 232          

      (3)  Commit the child to the temporary custody of any        234          

school, camp, institution, or other facility operated for the      236          

care of delinquent children by the county, by a district           237          

organized under section 2151.34 or 2151.65 of the Revised Code,    238          

or by a private agency or organization, within or without the      239          

state, that is authorized and qualified to provide the care,       240          

treatment, or placement required;                                               

      (4)  If the child is adjudicated a delinquent child for      242          

committing an act that would be a felony of the third, fourth, or  243          

fifth degree if committed by an adult or for violating division    245          

(A) of section 2923.211 of the Revised Code, commit the child to   246          

the legal custody of the department of youth services for          247          

institutionalization for an indefinite term consisting of a        248          

minimum period of six months and a maximum period not to exceed    249          

the child's attainment of twenty-one years of age;                 250          

      (5)(a)  If the child is adjudicated a delinquent child for   252          

violating section 2903.03, 2905.01, 2909.02, or 2911.01 or         253          

division (A) of section 2903.04 of the Revised Code or for         254          

violating any provision of section 2907.02 of the Revised Code     255          

other than division (A)(1)(b) of that section when the sexual      257          

                                                          7      

                                                                 
conduct or insertion involved was consensual and when the victim                

of the violation of division (A)(1)(b) of that section was older   259          

than the delinquent child, was the same age as the delinquent      260          

child, or was less than three years younger than the delinquent    261          

child, commit the child to the legal custody of the department of  262          

youth services for institutionalization in a secure facility for   263          

an indefinite term consisting of a minimum period of one to three  264          

years, as prescribed by the court, and a maximum period not to     265          

exceed the child's attainment of twenty-one years of age;          266          

      (b)  If the child is adjudicated a delinquent child for      269          

violating section 2923.02 of the Revised Code and if the           270          

violation involves an attempt to commit a violation of section                  

2903.01 or 2903.02 of the Revised Code, commit the child to the    272          

legal custody of the department of youth services for                           

institutionalization in a secure facility for an indefinite term   273          

consisting of a minimum period of six to seven years, as           274          

prescribed by the court, and a maximum period not to exceed the    275          

child's attainment of twenty-one years of age;                                  

      (c)  If the child is adjudicated a delinquent child for      277          

committing an act that is not described in division (A)(5)(a) or   278          

(b) of this section and that would be a felony of the first or     279          

second degree if committed by an adult, commit the child to the    280          

legal custody of the department of youth services for              281          

institutionalization in a secure facility for an indefinite term   282          

consisting of a minimum period of one year and a maximum period    283          

not to exceed the child's attainment of twenty-one years of age.   284          

      (6)  If the child is adjudicated a delinquent child for      286          

committing a violation of section 2903.01 or 2903.02 of the        287          

Revised Code, commit the child to the legal custody of the         289          

department of youth services for institutionalization in a secure  290          

facility until the child's attainment of twenty-one years of age;  291          

      (7)(a)  If the child is adjudicated a delinquent child for   294          

committing an act, other than a violation of section 2923.12 of    295          

the Revised Code, that would be a felony if committed by an adult  296          

                                                          8      

                                                                 
and is committed to the legal custody of the department of youth   297          

services pursuant to division (A)(4), (5), or (6) of this section  298          

and if the court determines that the child, if the child was an    299          

adult, would be guilty of a specification of the type set forth    300          

in section 2941.141, 2941.144, 2941.145, or 2941.146 of the        301          

Revised Code in relation to the act for which the child was        302          

adjudicated a delinquent child, commit the child to the legal      303          

custody of the department of youth services for                                 

institutionalization in a secure facility for the following        304          

period of time, subject to division (A)(7)(b) of this section:     305          

      (i)  If the child would be guilty of a specification of the  307          

type set forth in section 2941.141 of the Revised Code, a period   308          

of one year;                                                       309          

      (ii)  If the child would be guilty of a specification of     311          

the type set forth in section 2941.144, 2941.145, or 2941.146 of   312          

the Revised Code, a period of three years.                         313          

      (b)  The court shall not commit a child to the legal         316          

custody of the department of youth services pursuant to division   317          

(A)(7)(a) of this section for a period of time that exceeds three  318          

years.  The period of commitment imposed pursuant to division      319          

(A)(7)(a) of this section shall be in addition to, and shall be    320          

served consecutively with and prior to, a period of commitment     321          

ordered pursuant to division (A)(4), (5), or (6) of this section,  322          

provided that the total of all the periods of commitment shall     323          

not exceed the child's attainment of twenty-one years of age.      324          

      (8)(a)  Impose a fine and costs in accordance with the       327          

schedule set forth in section 2151.3512 of the Revised Code;                    

      (b)  Require the child to make restitution for all or part   329          

of the property damage caused by the child's delinquent act and    330          

for all or part of the value of the property that was the subject  331          

of any delinquent act the child committed that would be a theft    332          

offense, as defined in division (K) of section 2913.01 of the      333          

Revised Code, if committed by an adult.  If the court determines   334          

that the victim of the child's delinquent act was sixty-five       335          

                                                          9      

                                                                 
years of age or older or permanently and totally disabled at the   336          

time of the commission of the act, the court, regardless of        337          

whether or not the child knew the age of the victim, shall         338          

consider that fact in favor of imposing restitution, but that      339          

fact shall not control the decision of the court.  The             340          

restitution may be in the form of a cash reimbursement paid in a   341          

lump sum or in installments, the performance of repair work to     342          

restore any damaged property to its original condition, the        343          

performance of a reasonable amount of labor for the victim, the    344          

performance of community service or community work, any other      345          

form of restitution devised by the court, or any combination of    346          

the previously described forms of restitution.                     347          

      (9)  Subject to division (D) of this section, suspend or     350          

revoke the driver's license or temporary instruction permit        351          

issued to the child or suspend or revoke the registration of all   352          

motor vehicles registered in the name of the child;                353          

      (10)  If the child is adjudicated a delinquent child for     355          

committing an act that, if committed by an adult, would be a       357          

criminal offense that would qualify the adult as an eligible                    

offender pursuant to division (A)(3) of section 2929.23 of the     358          

Revised Code, impose a period of electronically monitored house    359          

detention in accordance with division (I) of this section that     361          

does not exceed the maximum sentence of imprisonment that could    362          

be imposed upon an adult who commits the same act;                 363          

      (11)  Commit the child to the temporary or permanent         365          

custody of the court;                                                           

      (12)  Make any further disposition that the court finds      367          

proper, except that the child shall not be placed in any of the    368          

following:                                                         369          

      (a)  A state correctional institution, a county,             372          

multicounty, or municipal jail or workhouse, or another OTHER      373          

place in which an adult convicted of a crime, under arrest, or     374          

charged with a crime is held;                                                   

      (b)  A community corrections facility, if the child would    377          

                                                          10     

                                                                 
be covered by the definition of public safety beds for purposes    378          

of sections 5139.41 to 5139.45 of the Revised Code if the court    379          

exercised its authority to commit the child to the legal custody   380          

of the department of youth services for institutionalization or    381          

institutionalization in a secure facility pursuant to division     382          

(A)(4), (5), or (6) of this section.  As used in division          383          

(A)(12)(b) of this section, "community corrections facility" and   384          

"public safety beds" have the same meanings as in section 5139.01  385          

of the Revised Code.                                               386          

      (B)(1)  If a child is adjudicated a delinquent child for     389          

violating section 2923.32 of the Revised Code, the court, in       390          

addition to any order of disposition it makes for the child under  391          

division (A) of this section, shall enter an order of criminal     392          

forfeiture against the child, in accordance with divisions         393          

(B)(3), (4), (5), and (6) and (C) to (F) of section 2923.32 of     394          

the Revised Code.                                                               

      (2)  If a child is adjudicated a delinquent child for        397          

committing two or more acts that would be felonies if committed                 

by an adult and if the court entering the delinquent child         398          

adjudication orders the commitment of the child, for two or more   399          

of those acts, to the legal custody of the department of youth     400          

services for institutionalization or institutionalization in a     401          

secure facility pursuant to division (A)(4), (5), or (6) of this   402          

section, the court may order that all of the periods of            403          

commitment imposed under those divisions for those acts be served  405          

consecutively in the legal custody of the department of youth      406          

services and, if applicable, be in addition to and commence        407          

immediately following the expiration of a period of commitment     408          

that the court imposes pursuant to division (A)(7) of this         409          

section.  A court shall not commit a delinquent child to the       410          

legal custody of the department of youth services under division   411          

(B)(2) of this section for a period that exceeds the child's       412          

attainment of twenty-one years of age.                                          

      (C)  If a child is adjudicated a delinquent child for        414          

                                                          11     

                                                                 
committing an act that, if committed by an adult, would be a drug  416          

abuse offense, as defined in section 2925.01 of the Revised Code,  417          

or for violating division (B) of section 2917.11 of the Revised    418          

Code, in addition to imposing in its discretion any other order    419          

of disposition authorized by this section, the court shall do      420          

both of the following:                                                          

      (1)  Require the child to participate in a drug abuse or     422          

alcohol abuse counseling program;                                  423          

      (2)  Suspend or revoke the temporary instruction permit or   425          

probationary operator's license issued to the child until the      426          

child attains eighteen years of age or attends, at the discretion  428          

of the court, and satisfactorily completes, a drug abuse or        429          

alcohol abuse education, intervention, or treatment program        430          

specified by the court.  During the time the child is attending    431          

the program, the court shall retain any temporary instruction      432          

permit or probationary license issued to the child, and the court               

shall return the permit or license when the child satisfactorily   433          

completes the program.                                             434          

      (D)  If a child is adjudicated a delinquent child for        437          

violating section 2923.122 of the Revised Code, the court, in                   

addition to any order of disposition it makes for the child under  439          

division (A), (B), or (C) of this section, shall revoke the        441          

temporary instruction permit and deny the child the issuance of    442          

another temporary instruction permit in accordance with division   443          

(E)(1)(b) of section 2923.122 of the Revised Code or shall                      

suspend the probationary driver's license, restricted license, or  446          

nonresident operating privilege of the child or deny the child     447          

the issuance of a probationary driver's license, restricted        448          

license, or temporary instruction permit in accordance with        449          

division (E)(1)(a), (c), (d), or (e) of section 2923.122 of the    450          

Revised Code.                                                                   

      (E)(1)  At the dispositional hearing and prior to making     452          

any disposition pursuant to division (A) of this section, the      453          

court shall determine whether a victim of the delinquent act       454          

                                                          12     

                                                                 
committed by the child was five years of age or younger at the     455          

time the delinquent act was committed, whether a victim of the     456          

delinquent act sustained physical harm to the victim's person      457          

during the commission of or otherwise as a result of the           458          

delinquent act, whether a victim of the delinquent act was         459          

sixty-five years of age or older or permanently and totally        460          

disabled at the time the delinquent act was committed, and         461          

whether the delinquent act would have been an offense of violence  462          

if committed by an adult.  If the victim was five years of age or  463          

younger at the time the delinquent act was committed, sustained    464          

physical harm to the victim's person during the commission of or                

otherwise as a result of the delinquent act, or was sixty-five     465          

years of age or older or permanently and totally disabled at the   467          

time the act was committed, regardless of whether the child knew   468          

the age of the victim, and if the act would have been an offense   469          

of violence if committed by an adult, the court shall consider     470          

those facts in favor of imposing commitment under division         471          

(A)(3), (4), (5), or (6) of this section, but those facts shall    472          

not control the court's decision.                                               

      (2)  At the dispositional hearing and prior to making any    474          

disposition pursuant to division (A)(4), (5), or (6) of this       475          

section, the court shall determine whether the delinquent child    476          

previously has been adjudicated a delinquent child for a           477          

violation of a law or ordinance.  If the delinquent child          478          

previously has been adjudicated a delinquent child for a           479          

violation of a law or ordinance, the court, for purposes of                     

entering an order of disposition for the delinquent child under    480          

this section, shall consider the previous delinquent child         482          

adjudication as a conviction of a violation of the law or          483          

ordinance in determining the degree of offense the current                      

delinquent act would be had it been committed by an adult.         484          

      (F)(1)  When a juvenile court commits a delinquent child to  486          

the custody of the department of youth services pursuant to this   487          

section, the court shall not designate the specific institution    488          

                                                          13     

                                                                 
in which the department is to place the child but instead shall    490          

specify that the child is to be institutionalized or that the      491          

institutionalization is to be in a secure facility if that is                   

required by division (A) of this section.                          492          

      (2)  When a juvenile court commits a delinquent child to     494          

the custody of the department of youth services, the court shall   495          

provide the department with the child's medical records, a copy    496          

of the report of any mental examination of the child ordered by    498          

the court, the section or sections of the Revised Code violated    499          

by the child and the degree of the violation, the warrant to       500          

convey the child to the department, and a copy of the court's      501          

journal entry ordering the commitment of the child to the legal    502          

custody of the department, A COPY OF THE ARREST RECORD PERTAINING  503          

TO THE ACT FOR WHICH THE CHILD WAS ADJUDICATED A DELINQUENT        504          

CHILD, A COPY OF ANY VICTIM IMPACT STATEMENT PERTAINING TO THAT    505          

ACT, AND ANY OTHER INFORMATION CONCERNING THE CHILD THAT THE       506          

DEPARTMENT REASONABLY REQUESTS.  The court also shall complete     507          

the form for the standard predisposition DISPOSITION               508          

investigation report that is developed and furnished by the        509          

department of youth services pursuant to section 5139.04 of the    510          

Revised Code and provide the department with the completed form.   511          

The department may refuse to accept physical custody of a          512          

delinquent child who is committed to the legal custody of the      513          

department until the court provides to the department the          514          

documents specified in division (F)(2) of this section.  No        515          

officer or employee of the department who refuses to accept        516          

physical custody of a delinquent child who is committed to the     517          

legal custody of the department shall be subject to prosecution    518          

or contempt of court for the refusal if the court fails to         519          

provide the documents specified in division (F)(2) of this         520          

section at the time the court transfers the physical custody of    521          

the child to the department.                                                    

      (3)  Within five working days after the juvenile court       523          

commits a delinquent child to the custody of the department of     524          

                                                          14     

                                                                 
youth services, the court shall provide the department with a      525          

copy of the arrest record pertaining to the act for which the      526          

child was adjudicated a delinquent child, a copy of any victim     527          

impact statement pertaining to that act, and any other             528          

information concerning the child that the department reasonably    529          

requests.  Within twenty working days after the department of      530          

youth services receives physical custody of a delinquent child     531          

from a juvenile court, the court shall provide the department      532          

with a certified copy of the child's birth certificate or the      534          

child's social security number, or, if the court made all                       

reasonable efforts to obtain the information but was               535          

unsuccessful, the court shall provide the department with          536          

documentation of the efforts it made to obtain the information.    537          

      (4)  When a juvenile court commits a delinquent child to     539          

the custody of the department of youth services, the court shall   540          

give notice to the school attended by the child of the child's     541          

commitment by sending to that school a copy of the court's         542          

journal entry ordering the commitment.  As soon as possible after  543          

receipt of the notice described in this division, the school       544          

shall provide the department with the child's school transcript.   545          

However, the department shall not refuse to accept a child         546          

committed to it, and a child committed to it shall not be held in  547          

a county or district detention home, because of a school's         548          

failure to provide the school transcript that it is required to    549          

provide under division (F)(4) of this section.                     550          

      (5)  The department of youth services shall provide the      552          

court and the school with an updated copy of the child's school    553          

transcript and shall provide the court with a summary of the       554          

institutional record of the child when it releases the child from  555          

institutional care.  The department also shall provide the court   556          

with a copy of any portion of the child's institutional record     557          

that the court specifically requests within five working days of   558          

the request.                                                                    

      (6)  When a juvenile court commits a delinquent child to     560          

                                                          15     

                                                                 
the custody of the department of youth services pursuant to        561          

division (A)(4) or (5) of this section, the court shall state in   562          

the order of commitment the total number of days that the child    563          

has been held, as of the date of the issuance of the order, in     564          

detention in connection with the delinquent child complaint upon   565          

which the order of commitment is based.  The department shall      567          

reduce the minimum period of institutionalization or minimum       568          

period of institutionalization in a secure facility specified in   569          

division (A)(4) or (5) of this section by both the total number    570          

of days that the child has been so held in detention as stated by  571          

the court in the order of commitment and the total number of any   572          

additional days that the child has been held in detention          573          

subsequent to the order of commitment but prior to the transfer    574          

of physical custody of the child to the department.                             

      (G)(1)  At any hearing at which a child is adjudicated a     577          

delinquent child or as soon as possible after the hearing, the                  

court shall notify all victims of the delinquent act, who may be   578          

entitled to a recovery under any of the following sections, of     579          

the right of the victims to recover, pursuant to section 3109.09   580          

of the Revised Code, compensatory damages from the child's         581          

parents; of the right of the victims to recover, pursuant to       582          

section 3109.10 of the Revised Code, compensatory damages from     583          

the child's parents for willful and malicious assaults committed   584          

by the child; and of the right of the victims to recover an award  585          

of reparations pursuant to sections 2743.51 to 2743.72 of the      586          

Revised Code.                                                      587          

      (2)  If a child is adjudicated a delinquent child for        590          

committing an act that, if committed by an adult, would be         591          

aggravated murder, murder, rape, felonious sexual penetration in                

violation of former section 2907.12 of the Revised Code,           592          

involuntary manslaughter, a felony of the first or second degree   594          

resulting in the death of or physical harm to a person,            595          

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   596          

                                                          16     

                                                                 
or was substantially equivalent to any of those offenses and if    597          

the court in its order of disposition for that act commits the     598          

child to the custody of the department of youth services, the      599          

court may make a specific finding that the adjudication should be  600          

considered a conviction for purposes of a determination in the     601          

future, pursuant to Chapter 2929. of the Revised Code, as to       602          

whether the child is a repeat violent offender as defined in       603          

section 2929.01 of the Revised Code.  If the court makes a         604          

specific finding as described in this division, it shall include   605          

the specific finding in its order of disposition and in the        606          

record in the case.                                                             

      (H)(1)  If a child is adjudicated a delinquent child for     608          

committing an act that would be a felony if committed by an adult  610          

and if the child caused, attempted to cause, threatened to cause,  611          

or created the risk of physical harm to the victim of the act,     612          

the court, prior to issuing an order of disposition under this     613          

section, shall order the preparation of a victim impact statement  614          

by the probation department of the county in which the victim of   615          

the act resides, by the court's own probation department, or by a  616          

victim assistance program that is operated by the state, a         617          

county, a municipal corporation, or another governmental entity.   618          

The court shall consider the victim impact statement in            619          

determining the order of disposition to issue for the child.       620          

      (2)  Each victim impact statement shall identify the victim  622          

of the act for which the child was adjudicated a delinquent        623          

child, itemize any economic loss suffered by the victim as a       624          

result of the act, identify any physical injury suffered by the    625          

victim as a result of the act and the seriousness and permanence   626          

of the injury, identify any change in the victim's personal        627          

welfare or familial relationships as a result of the act and any   628          

psychological impact experienced by the victim or the victim's     629          

family as a result of the act, and contain any other information   630          

related to the impact of the act upon the victim that the court    631          

requires.                                                          632          

                                                          17     

                                                                 
      (3)  A victim impact statement shall be kept confidential    634          

and is not a public record, as defined in section 149.43 of the    635          

Revised Code.  However, the court may furnish copies of the        636          

statement to the department of youth services pursuant to          637          

division (F)(3) of this section or to both the adjudicated         638          

delinquent child or the adjudicated delinquent child's counsel     639          

and the prosecuting attorney.  The copy of a victim impact         641          

statement furnished by the court to the department pursuant to     642          

division (F)(3) of this section shall be kept confidential and is  643          

not a public record, as defined in section 149.43 of the Revised   644          

Code.  The copies of a victim impact statement that are made       645          

available to the adjudicated delinquent child or the adjudicated   646          

delinquent child's counsel and the prosecuting attorney pursuant   648          

to division (H)(3) of this section shall be returned to the court  651          

by the person to whom they were made available immediately         652          

following the imposition of an order of disposition for the child  653          

under this section.                                                             

      (I)(1)  As used in this division, "felony drug abuse         655          

offense" has the same meaning as in section 2925.01 of the         656          

Revised Code.                                                      657          

      (2)  Sections 2925.41 to 2925.45 of the Revised Code apply   659          

to children who are adjudicated or could be adjudicated by a       660          

juvenile court to be delinquent children for an act that, if       661          

committed by an adult, would be a felony drug abuse offense.       662          

Subject to division (B) of section 2925.42 and division (E) of     663          

section 2925.43 of the Revised Code, a delinquent child of that    664          

nature loses any right to the possession of, and forfeits to the   665          

state any right, title, and interest that the delinquent child     666          

may have in, property as defined in section 2925.41 and further    668          

described in section 2925.42 or 2925.43 of the Revised Code.       669          

      (J)(1)  As used in this section:                             671          

      (a)  "Electronic monitoring device," "certified electronic   673          

monitoring device," "electronic monitoring system," and            674          

"certified electronic monitoring system" have the same meanings    675          

                                                          18     

                                                                 
as in section 2929.23 of the Revised Code.                         676          

      (b)  "Electronically monitored house detention" means a      678          

period of confinement of a child in the child's home or in other   679          

premises specified by the court, during which period of            681          

confinement all of the following apply:                            682          

      (i)  The child wears, otherwise has attached to the child's  684          

person, or otherwise is subject to monitoring by a certified       685          

electronic monitoring device or is subject to monitoring by a      686          

certified electronic monitoring system.                            687          

      (ii)  The child is required to remain in the child's home    689          

or other premises specified by the court for the specified period  690          

of confinement, except for periods of time during which the child  691          

is at school or at other premises as authorized by the court.      692          

      (iii)  The child is subject to monitoring by a central       694          

system that monitors the certified electronic monitoring device    695          

that is attached to the child's person or that otherwise is being  696          

used to monitor the child and that can monitor and determine the   698          

child's location at any time or at a designated point in time, or  699          

the child is required to participate in monitoring by a certified  701          

electronic monitoring system.                                      702          

      (iv)  The child is required by the court to report           704          

periodically to a person designated by the court.                  705          

      (v)  The child is subject to any other restrictions and      707          

requirements that may be imposed by the court.                     708          

      (2)  A juvenile court, pursuant to division (A)(10) of this  710          

section, may impose a period of electronically monitored house     711          

detention upon a child who is adjudicated a delinquent child for   712          

committing an act that, if committed by an adult, would be a       713          

criminal offense that would qualify the adult as an eligible       714          

offender pursuant to division (A)(3) of section 2929.23 of the     715          

Revised Code.  The court may impose a period of electronically     716          

monitored house detention in addition to or in lieu of any other   717          

dispositional order imposed upon the child, except that any        718          

period of electronically monitored house detention shall not       719          

                                                          19     

                                                                 
extend beyond the child's eighteenth birthday.  If a court         720          

imposes a period of electronically monitored house detention upon  721          

a child, it shall require the child to wear, otherwise have        722          

attached to the child's person, or otherwise be subject to         723          

monitoring by a certified electronic monitoring device or to       725          

participate in the operation of and monitoring by a certified      726          

electronic monitoring system; to remain in the child's home or     727          

other specified premises for the entire period of electronically   729          

monitored house detention except when the court permits the child  730          

to leave those premises to go to school or to other specified      731          

premises; to be monitored by a central system that monitors the    732          

certified electronic monitoring device that is attached to the     733          

child's person or that otherwise is being used to monitor the      734          

child and that can monitor and determine the child's location at   735          

any time or at a designated point in time or to be monitored by    736          

the certified electronic monitoring system; to report              737          

periodically to a person designated by the court; and, in return   738          

for receiving a dispositional order of electronically monitored    739          

house detention, to enter into a written contract with the court   740          

agreeing to comply with all restrictions and requirements imposed  741          

by the court, agreeing to pay any fee imposed by the court for     742          

the costs of the electronically monitored house detention imposed  743          

by the court pursuant to division (E) of section 2929.23 of the    744          

Revised Code, and agreeing to waive the right to receive credit    745          

for any time served on electronically monitored house detention    746          

toward the period of any other dispositional order imposed upon    747          

the child for the act for which the dispositional order of         748          

electronically monitored house detention was imposed if the child  749          

violates any of the restrictions or requirements of the            750          

dispositional order of electronically monitored house detention.   751          

The court also may impose other reasonable restrictions and        752          

requirements upon the child.                                                    

      (3)  If a child violates any of the restrictions or          754          

requirements imposed upon the child as part of the child's         755          

                                                          20     

                                                                 
dispositional order of electronically monitored house detention,   756          

the child shall not receive credit for any time served on          757          

electronically monitored house detention toward any other          758          

dispositional order imposed upon the child for the act for which   759          

the dispositional order of electronically monitored house          761          

detention was imposed.                                                          

      (K)  Within ten days after completion of the adjudication,   763          

the court shall give written notice of an adjudication that a      764          

child is a delinquent child to the superintendent of a city,       765          

local, exempted village, or joint vocational school district if    766          

the basis of the adjudication was the commission of an act that    767          

would be a criminal offense if committed by an adult and that was  768          

committed by the delinquent child when the child was sixteen       769          

years of age or older and if the act is any of the following:      770          

      (1)  A violation of section 2923.122 of the Revised Code     772          

that relates to property owned or controlled by, or to an          773          

activity held under the auspices of, the board of education of     774          

that school district;                                              775          

      (2)  A violation of section 2923.12 of the Revised Code or   777          

of a substantially similar municipal ordinance that was committed  778          

on property owned or controlled by, or at an activity held under   779          

the auspices of, the board of education of that school district;   780          

      (3)  A violation of division (A) of section 2925.03 or       782          

2925.11 of the Revised Code that was committed on property owned   783          

or controlled by, or at an activity held under the auspices of,    784          

the board of education of that school district and that is not a   785          

minor drug possession offense as defined in section 2925.01 of     786          

the Revised Code;                                                               

      (4)  A violation of section 2903.01, 2903.02, 2903.03,       788          

2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised      790          

Code, or a violation of former section 2907.12 of the Revised                   

Code, that was committed on property owned or controlled by, or    791          

at an activity held under the auspices of, the board of education  792          

of that school district, if the victim at the time of the          794          

                                                          21     

                                                                 
commission of the act was an employee of the board of education    795          

of that school district;                                                        

      (5)  Complicity in any violation described in division       797          

(K)(1), (2), (3), or (4) of this section that was alleged to have  799          

been committed in the manner described in division (K)(1), (2),    800          

(3), or (4) of this section, regardless of whether the act of      802          

complicity was committed on property owned or controlled by, or    803          

at an activity held under the auspices of, the board of education  804          

of that school district.                                           805          

      (L)  During the period of a delinquent child's probation     807          

granted under division (A)(2) of this section, authorized          810          

probation officers who are engaged within the scope of their       811          

supervisory duties or responsibilities may search, with or         812          

without a warrant, the person of the delinquent child, the place                

of residence of the delinquent child, and a motor vehicle,         813          

another item of tangible or intangible personal property, or       814          

other real property in which the delinquent child has a right,     815          

title, or interest or for which the delinquent child has the       816          

express or implied permission of a person with a right, title, or  817          

interest to use, occupy, or possess if the probation officers      818          

have reasonable grounds to believe that the delinquent child is    819          

not abiding by the law or otherwise is not complying with the      820          

conditions of the delinquent child's probation.  The court that    821          

places a delinquent child on probation under division (A)(2) of    822          

this section shall provide the delinquent child with a written     823          

notice that informs the delinquent child that authorized           824          

probation officers who are engaged within the scope of their       825          

supervisory duties or responsibilities may conduct those types of  827          

searches during the period of probation if they have reasonable                 

grounds to believe that the delinquent child is not abiding by     828          

the law or otherwise is not complying with the conditions of the   829          

delinquent child's probation.  The court also shall provide the    830          

written notice described in division (C)(2)(b) of section          831          

2151.411 of the Revised Code to each parent, guardian, or                       

                                                          22     

                                                                 
custodian of the delinquent child who is described in division     832          

(C)(2)(a) of that section.                                         833          

      (M)  THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JANUARY 1,   836          

1999.                                                                           

      Sec. 2151.38.  (A)  When a child is committed to the legal   846          

custody of the department of youth services, the jurisdiction of   847          

the juvenile court with respect to the child so committed shall    848          

cease and terminate at the time of commitment, except as provided  849          

in divisions (B), (C), and (G) of this section.  Subject to        851          

divisions (B) and (C) of this section, sections 2151.353 and       852          

2151.411 to 2151.421 of the Revised Code, and any other provision  853          

of law that specifies a different duration for a dispositional     855          

order, all other dispositional orders made by the court shall be   856          

temporary and shall continue for a period that is designated by    857          

the court in its order, until terminated or modified by the court  858          

or until the child attains twenty-one years of age.                             

      The release authority of the department shall not release    861          

the child from institutional care or institutional care in a       862          

secure facility and as a result shall not discharge the child or   864          

order the child's release on supervised release prior to the       865          

expiration of the prescribed minimum period of                     867          

institutionalization or institutionalization in a secure facility  868          

or prior to the child's attainment of twenty-one years of age,     870          

whichever is applicable under the order of commitment, except                   

upon the order of a court pursuant to division (B) or (C) of this  874          

section or in accordance with section 5139.54 of the Revised       876          

Code.                                                              877          

      (B)(1)  If the department of youth services desires to       879          

release a child during the first half of the prescribed minimum    880          

term for the most serious act for which the child was committed    882          

to the department or, if the child was committed to the            884          

department until the child attains twenty-one years of age,                     

during the first half of the prescribed period of commitment that  886          

begins on the first day of commitment and ends on the child's                   

                                                          23     

                                                                 
twenty-first birthday, it shall request the court that committed   888          

the child to the department for a judicial release of the child    889          

from institutional care or institutional care in a secure          890          

facility.  During the first half of that prescribed minimum term   891          

or of that prescribed period of commitment, whichever of those     892          

periods is applicable, the child or the parents of the child also  893          

may request that court to grant a judicial release of the child    894          

from institutional care or institutional care in a secure                       

facility.  Upon receipt of a request for a judicial release from   895          

the department, the child, or the child's parent or upon its own   896          

motion, the court that committed the child shall approve the       897          

judicial release from institutional care or institutional care in  899          

a secure facility by journal entry, shall schedule within twenty   900          

days after the request is received a time for a hearing on                      

whether the child is to be released under a judicial release, or   902          

shall reject the request by journal entry without conducting a     904          

hearing.  If the court rejects an initial request for a judicial                

release by the child or the child's parent, the child or the       906          

child's parent may make one additional request for a judicial      907          

release with WITHIN the first half of the applicable prescribed    909          

minimum term or prescribed period of commitment.  The child or     910          

the child's parent may make the additional request no earlier      911          

than thirty days after the filing of the prior request for a       912          

judicial release.  Upon the filing by the child or the child's     913          

parent of a second request for a judicial release, the court       914          

shall either approve or disapprove the judicial release by         916          

journal entry or schedule within twenty days after the request is  917          

received a time for a hearing on whether the child is to be        918          

released under a judicial release.                                              

      (2)  If a court schedules a hearing under division (B)(1)    922          

of this section to determine whether a child should be granted a   923          

judicial release, it may order the department to deliver the       924          

child to the court on the date set for the hearing and may order   925          

the department to present to the court a report on the child's     926          

                                                          24     

                                                                 
progress in the institution to which the child was committed and   927          

recommendations for terms and conditions of supervision of the     928          

child by the court after release.  The court may conduct the       929          

hearing without the child being present.  The court shall          930          

determine at the hearing whether the child should be granted a     931          

judicial release from institutionalization or                                   

institutionalization in a secure facility.  If the court approves  933          

the judicial release, the court shall order its staff to prepare   934          

a written treatment and rehabilitation plan for the child that     935          

may include any terms and conditions of the child's release that   936          

were recommended by the department and approved by the court.                   

The committing court shall send the juvenile court of the county   938          

in which the child is placed a copy of the recommended plan and    939          

the terms and conditions set by the committing court.  The court   940          

of the county in which the child is placed may adopt the           941          

recommended terms and conditions set by the committing court as    942          

an order of the court and may add any additional consistent terms  943          

and conditions it considers appropriate.  IF A CHILD IS GRANTED A  944          

JUDICIAL RELEASE, THE JUDICIAL RELEASE DISCHARGES THE CHILD FROM   945          

THE CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES.                   946          

      (C)(1)  If a child is committed to the department of youth   948          

services and has been in institutional care or institutional care  949          

in a secure facility for more than one-half of the prescribed      950          

minimum term for the most serious act for which the child was      952          

committed or, if the child was committed to the department until                

the child attains twenty-one years of age, for more than one-half  953          

of the prescribed period of commitment that begins on the first    955          

day of commitment and ends on the child's twenty-first birthday,   956          

if the prescribed minimum period of institutionalization or other  958          

statutorily required period of institutionalization has not        959          

expired, and if the department of youth services desires to        960          

release the child from institutional care or institutional care    962          

in a secure facility, it shall request the court that committed    963          

the child for an early release from institutional care or          964          

                                                          25     

                                                                 
institutional care in a secure facility.                                        

      During the applicable period commencing upon the expiration  966          

of the first half of that prescribed minimum term or prescribed    968          

period of commitment and ending upon the expiration of the         970          

required minimum or other period of institutionalization or        971          

institutionalization in a secure facility, the child or the        973          

child's parent also may request the court that committed the       974          

child to grant an early release.  Upon the receipt of a request    975          

from the department, the child, or the child's parent or upon its  976          

own motion at any time during that period, the court shall         977          

approve the early release by journal entry, shall schedule a time  978          

within thirty days after receipt of the request for a hearing on   979          

whether the child is to be released, or shall reject the request   981          

by journal entry without conducting a hearing.  If the court       982          

rejects an initial request for early release by the child or the   983          

child's parents, within the period prescribed in division (C)(1)   984          

of this section, the child or the child's parent may make one or   985          

more subsequent requests for early release but may make no more    986          

than one request for early release during each period of ninety    987          

days that the child is institutionalized or institutionalized in   988          

a secure facility after the filing of a prior request for early    989          

release.  Upon the filing of a request for early release           990          

subsequent to an initial request, the court shall either approve   991          

or disapprove the early release by journal entry or schedule a     992          

time within thirty days after receipt of the request for a         993          

hearing on whether the child is to be released.                    994          

      (2)  If a court schedules a hearing under division (C)(1)    997          

of this section to determine whether a child committed to the      998          

department should be granted an early release, it may order the    1,000        

department to deliver the child to the court on the date set for   1,001        

the hearing and shall order the department to present to the       1,002        

court at that time a treatment plan for the child's                1,003        

post-institutional care.  The court may conduct the hearing        1,004        

without the child being present.  The court shall determine at     1,005        

                                                          26     

                                                                 
the hearing whether the child should be granted an early release   1,006        

from institutionalization or institutionalization in a secure      1,007        

facility.  If the court approves the early release, the            1,009        

department shall prepare a written treatment and rehabilitation    1,010        

plan for the child pursuant to division (E) of this section that   1,012        

shall include the terms and conditions of the child's release.     1,013        

It shall send the committing court and the juvenile court of the   1,014        

county in which the child is placed a copy of the plan and the     1,015        

terms and conditions that it fixed.  The court of the county in    1,016        

which the child is placed may adopt the terms and conditions set   1,017        

by the department as an order of the court and may add any         1,019        

additional consistent terms and conditions it considers                         

appropriate, provided that the court may not add any term or       1,021        

condition that decreases the level or degree of supervision        1,022        

specified by the department in its plan, that substantially        1,023        

increases the financial burden of supervision that will be         1,024        

experienced by the department, or that alters the placement        1,025        

specified by the department in its plan.  If the court of the      1,026        

county in which the child is placed adds to the department's plan  1,027        

any additional terms and conditions, it shall enter those          1,028        

additional terms and conditions in its journal and shall send to   1,029        

the department a copy of the journal entry of the additional       1,030        

terms and conditions.                                                           

      (3)  IF THE COURT APPROVES OR GRANTS AN EARLY RELEASE FOR A  1,033        

CHILD UNDER DIVISION (C)(1) OR (2) OF THIS SECTION, THE ACTUAL     1,035        

DATE ON WHICH THE DEPARTMENT OF YOUTH SERVICES SHALL RELEASE THE   1,036        

CHILD FROM INSTITUTIONAL CARE OR INSTITUTIONAL CARE IN A SECURE    1,037        

FACILITY IS CONTINGENT UPON THE DEPARTMENT FINDING A SUITABLE      1,038        

PLACEMENT FOR THE CHILD.  IF THE CHILD IS TO BE RETURNED TO THE    1,039        

CHILD'S HOME, THE DEPARTMENT SHALL RETURN THE CHILD TO THE HOME    1,040        

ON THE DATE THAT THE COURT SCHEDULES FOR THE CHILD'S RELEASE OR    1,041        

SHALL BEAR THE EXPENSE OF ANY ADDITIONAL TIME THAT THE CHILD       1,042        

REMAINS IN INSTITUTIONAL CARE OR INSTITUTIONAL CARE IN A SECURE    1,043        

FACILITY.  IF THE CHILD IS UNABLE TO RETURN TO THE CHILD'S HOME,   1,044        

                                                          27     

                                                                 
THE DEPARTMENT SHALL EXERCISE REASONABLE DILIGENCE IN FINDING A    1,045        

SUITABLE PLACEMENT FOR THE CHILD, AND THE CHILD SHALL REMAIN IN    1,046        

INSTITUTIONAL CARE OR INSTITUTIONAL CARE IN A SECURE FACILITY      1,047        

WHILE THE DEPARTMENT FINDS THE SUITABLE PLACEMENT.                 1,048        

      (D)  If a child is released under division (B) or (C) of     1,051        

this section and the court of the county in which the child is     1,052        

placed has reason to believe that the child's deportment is not    1,053        

in accordance with the post-release terms and conditions of the    1,055        

child's judicial release or early release, the court of the        1,056        

county in which the child is placed shall schedule a time for a    1,057        

hearing to determine whether the child violated any of the         1,059        

post-release terms and conditions, AND, IF THE CHILD WAS RELEASED  1,060        

UNDER DIVISION (C) OF THIS SECTION, DIVISIONS (A) TO (E) OF        1,061        

SECTION 5139.52 OF THE REVISED CODE APPLY REGARDING THE CHILD.     1,062        

If that court determines at the hearing that the child violated    1,064        

any of the post-release terms and conditions, the court, if it     1,065        

determines that the violation of the terms and conditions was a    1,067        

serious violation, may order the child to be returned to the       1,068        

department for institutionalization or institutionalization in a   1,069        

secure facility, consistent with the original order of commitment  1,070        

of the child, or in any case may make any other disposition of     1,071        

the child authorized by law that the court considers proper.  If   1,072        

the court of the county in which the child is placed orders the    1,073        

child to be returned to a department of youth services             1,074        

institution, the time during which the child was                   1,075        

institutionalized or institutionalized in a secure facility prior  1,076        

to the child's judicial release or early release shall be          1,078        

considered as time served in fulfilling the prescribed minimum     1,079        

period or prescribed period of institutionalization or                          

institutionalization in a secure facility that is applicable to    1,081        

the child under the child's original order of commitment.  If the  1,082        

court orders the child returned to a department of youth services  1,083        

institution, the child shall remain in institutional care for a    1,084        

minimum period of three months or until the child successfully     1,085        

                                                          28     

                                                                 
completes a specialized supervised release revocation program of   1,086        

a duration of not less than thirty days operated either by the     1,088        

department or by an entity with whom the department has            1,089        

contracted to provide a specialized supervised release revocation  1,091        

program.                                                                        

      (E)  The department of youth services, prior to the release  1,093        

of a child pursuant to division (C) of this section, shall do all  1,095        

of the following:                                                               

      (1)  After reviewing the child's rehabilitative progress     1,097        

history and medical and educational records, prepare a written     1,098        

treatment and rehabilitation plan for the child that shall         1,099        

include terms and conditions of the release;                       1,100        

      (2)  Completely discuss the terms and conditions of the      1,102        

plan prepared pursuant to division (E)(1) of this section and the  1,104        

possible penalties for violation of the plan with the child and    1,105        

the child's parents, guardian, or legal custodian;                 1,106        

      (3)  Have the plan prepared pursuant to division (E)(1) of   1,109        

this section signed by the child, the child's parents, legal       1,110        

guardian, or custodian, and any authority or person that is to     1,112        

supervise, control, and provide supportive assistance to the       1,113        

child at the time of the child's release pursuant to division (C)  1,114        

of this section;                                                   1,115        

      (4)  File a copy of the treatment plan prepared pursuant to  1,117        

division (E)(1) of this section, prior to the child's release,     1,119        

with the committing court and the juvenile court of the county in  1,120        

which the child is to be placed.                                   1,121        

      (F)  The department of youth services shall file a written   1,123        

progress report with the committing court regarding each child     1,124        

released pursuant to division (C) of this section, at least once   1,126        

every thirty days unless specifically directed otherwise by the    1,127        

court.  The report shall indicate the treatment and                1,128        

rehabilitative progress of the child and the child's family, if                 

applicable, and shall include any suggestions and recommendations  1,129        

for alteration of the program, custody, living arrangements, or    1,130        

                                                          29     

                                                                 
treatment.  The department shall retain legal custody of a child   1,131        

so released until it discharges the child or until the custody is  1,132        

terminated as otherwise provided by law.                           1,133        

      (G)(1)  As used in division (G)(2) of this section,          1,137        

"release authority" and "supervised release" have the same         1,138        

meanings as in section 5139.01 of the Revised Code.                1,139        

      (2)  When a child is committed to the legal custody of the   1,141        

department of youth services, the court retains jurisdiction to    1,142        

perform the functions specified in section 5139.51 of the Revised  1,144        

Code with respect to the granting of supervised release by the     1,146        

release authority and to perform the functions specified in        1,147        

section 5139.52 of the Revised Code with respect to violations of  1,150        

the terms and conditions of supervised release granted by the                   

release authority and to the revocation of supervised release      1,152        

granted by the release authority.                                               

      Sec. 2901.07.  (A)  As used in this section:                 1,161        

      (1)  "DNA analysis" and "DNA specimen" have the same         1,163        

meanings as in section 109.573 of the Revised Code.                1,164        

      (2)  "Jail" and "community-based correctional facility"      1,166        

have the same meanings as in section 2929.01 of the Revised Code.  1,167        

      (3)  "Post-release control" has the same meaning as in       1,169        

section 2967.01 of the Revised Code.                               1,171        

      (B)(1)  A person who is convicted of or pleads guilty to a   1,174        

felony offense listed in division (D) of this section and who is   1,175        

sentenced to a prison term or to a community residential sanction  1,176        

in a jail or community-based correctional facility pursuant to     1,177        

section 2929.16 of the Revised Code, and a person who is           1,179        

convicted of or pleads guilty to a misdemeanor offense listed in   1,180        

division (D) of this section and who is sentenced to a term of                  

imprisonment shall submit to a DNA specimen collection procedure   1,183        

administered by the director of rehabilitation and correction or   1,184        

the chief administrative officer of the jail or other detention    1,185        

facility in which the person is serving the term of imprisonment.  1,186        

If the person serves the prison term in a state correctional       1,187        

                                                          30     

                                                                 
institution, the director of rehabilitation and correction shall   1,188        

cause the DNA specimen to be collected from the person during the  1,189        

intake process at the reception facility designated by the         1,191        

director.  If the person serves the community residential          1,192        

sanction or term of imprisonment in a jail, a community-based      1,193        

correctional facility, or another county, multicounty, municipal,  1,194        

municipal-county, or multicounty-municipal detention facility,     1,195        

the chief administrative officer of the jail, community-based      1,197        

correctional facility, or detention facility shall cause the DNA   1,199        

specimen to be collected from the person during the intake                      

process at the jail, community-based correctional facility, or     1,200        

detention facility.  In accordance with division (C) of this       1,202        

section, the director or the chief administrative officer shall    1,203        

cause the DNA specimen to be forwarded to the bureau of criminal   1,204        

identification and investigation no later than fifteen days after  1,205        

the date of the collection of the DNA specimen.  The DNA specimen  1,206        

shall be collected in accordance with division (C) of this         1,207        

section.                                                                        

      (2)  If a person is convicted of or pleads guilty to an      1,210        

offense listed in division (D) of this section, is serving a       1,212        

prison term, community residential sanction, or term of                         

imprisonment for that offense, and does not provide a DNA          1,213        

specimen pursuant to division (B)(1) of this section, prior to     1,214        

the person's release from the prison term, community residential   1,215        

sanction, or imprisonment, the person shall submit to, and THE     1,217        

director of rehabilitation and correction or the chief             1,218        

administrative officer of the jail, community-based correctional   1,219        

facility, or detention facility in which the person is serving                  

the prison term, community residential sanction, or term of        1,221        

imprisonment shall administer, a DNA specimen collection           1,222        

procedure at the state correctional institution, jail,             1,223        

community-based correctional facility, or detention facility in    1,224        

which the person is serving the prison term, community             1,225        

residential sanction, or term of imprisonment.  In accordance      1,227        

                                                          31     

                                                                 
with division (C) of this section, the director or the chief       1,229        

administrative officer shall cause the DNA specimen to be                       

forwarded to the bureau of criminal identification and             1,231        

investigation no later than fifteen days after the date of the     1,232        

collection of the DNA specimen.  The DNA specimen shall be         1,233        

collected in accordance with division (C) of this section.         1,234        

      (3)  If a person serving a prison term or community          1,236        

residential sanction for a felony is released on parole, under     1,238        

transitional control, or on another type of release or is on       1,239        

post-release control, if the person is under the supervision of    1,241        

the adult parole authority, if the person is returned to a jail,   1,242        

community-based correctional facility, or state correctional       1,243        

institution for a violation of the terms and conditions of the     1,245        

parole, transitional control, other release, or post-release       1,247        

control, if the person was or will be serving a prison term or     1,248        

community residential sanction for committing an offense listed    1,250        

in division (D) of this section, and if the person did not         1,252        

provide a DNA specimen pursuant to division (B)(1) or (2) of this  1,254        

section, the person shall submit to, and the director of           1,255        

rehabilitation and correction or the chief administrative officer  1,256        

of the jail or community-based correctional facility shall                      

administer, a DNA specimen collection procedure at the jail,       1,259        

community-based correctional facility, or state correctional       1,260        

institution in which the person is serving the prison term or      1,261        

community residential sanction.  In accordance with division (C)   1,263        

of this section, the director or the chief administrative officer  1,265        

shall cause the DNA specimen to be forwarded to the bureau of      1,267        

criminal identification and investigation no later than fifteen    1,268        

days after the date of the collection of the DNA specimen.  The    1,269        

DNA specimen shall be collected from the person in accordance      1,270        

with division (C) of this section.                                 1,271        

      (C)  A physician, registered nurse, licensed practical       1,274        

nurse, duly licensed clinical laboratory technician, or other      1,275        

qualified medical practitioner shall collect in a medically                     

                                                          32     

                                                                 
approved manner the DNA specimen required to be collected          1,276        

pursuant to division (B) of this section.  No later than fifteen   1,277        

days after the date of the collection of the DNA specimen, the     1,278        

director of rehabilitation and correction or the chief             1,279        

administrative officer of the jail, community-based correctional   1,280        

facility, or other county, multicounty, municipal,                 1,281        

municipal-county, or multicounty-municipal detention facility, in  1,282        

which the person is serving the prison term, community             1,283        

residential sanction, or term of imprisonment shall cause the DNA  1,284        

specimen to be forwarded to the bureau of criminal identification  1,285        

and investigation in accordance with procedures established by     1,286        

the superintendent of the bureau under division (H) of section     1,287        

109.573 of the Revised Code.  The bureau shall provide the         1,288        

specimen vials, mailing tubes, labels, postage, and instructions   1,289        

needed for the collection and forwarding of the DNA specimen to    1,290        

the bureau.                                                                     

      (D)  The director of rehabilitation and correction and the   1,292        

chief administrative officer of the jail, community-based          1,293        

correctional facility, or other county, multicounty, municipal,    1,294        

municipal-county, or multicounty-municipal detention facility      1,295        

shall cause a DNA specimen to be collected in accordance with      1,298        

divisions (B) and (C) of this section from a person in its         1,299        

custody who is convicted of or pleads guilty to any of the         1,300        

following offenses:                                                1,301        

      (1)  A violation of section 2903.01, 2903.02, 2905.01,       1,303        

2907.02, 2907.03, 2907.04, 2907.05, or 2911.11 of the Revised      1,305        

Code;                                                                           

      (2)  A violation of section 2907.12 of the Revised Code as   1,307        

it existed prior to September 3, 1996;                             1,308        

      (3)  An attempt to commit a violation of section 2907.02,    1,310        

2907.03, 2907.04, or 2907.05 of the Revised Code or to commit a    1,312        

violation of section 2907.12 of the Revised Code as it existed                  

prior to September 3, 1996;                                        1,314        

      (4)  A violation of any law that arose out of the same       1,316        

                                                          33     

                                                                 
facts and circumstances and same act as did a charge against the   1,319        

person of a violation of section 2903.01, 2903.02, 2905.01,        1,321        

2907.02, 2907.03, 2907.04, or 2907.05, OR 2911.11 of the Revised   1,323        

Code that previously was dismissed OR AMENDED or as did a charge   1,324        

against the person of a violation of section 2907.12 of the        1,326        

Revised Code as it existed prior to September 3, 1996, that        1,328        

previously was dismissed OR AMENDED;                                            

      (5)  A violation of section 2905.02 or 2919.23 of the        1,330        

Revised Code that would have been a violation of section 2905.04   1,333        

of the Revised Code as it existed prior to July 1, 1996, had it    1,335        

been committed prior to that date;                                              

      (6)  A sexually oriented offense, as defined in section      1,337        

2950.01 of the Revised Code, if, in relation to that offense, the  1,339        

offender has been adjudicated as being a sexual predator, as       1,340        

defined in section 2950.01 of the Revised Code.                    1,341        

      (E)  The director of rehabilitation and correction or a      1,343        

chief administrative officer of a jail, community-based            1,344        

correctional facility, or other detention facility described in    1,346        

division (B) of this section is not required to comply with this   1,347        

section until the superintendent of the bureau of criminal         1,348        

identification and investigation gives agencies in the criminal    1,349        

justice system, as defined in section 181.51 of the Revised Code,               

in the state official notification that the state DNA laboratory   1,350        

is prepared to accept DNA specimens.                               1,351        

      Sec. 5139.01.  (A)  As used in this chapter:                 1,363        

      (1)  "Commitment" means the transfer of the physical         1,365        

custody of a child or youth from the court to the department of    1,366        

youth services.                                                    1,367        

      (2)  "Permanent commitment" means a commitment that vests    1,369        

legal custody of a child in the department of youth services.      1,370        

      (3)  "Legal custody," insofar as it pertains to the status   1,372        

that is created when a child is permanently committed to the       1,373        

department of youth services, means a legal status in which the    1,374        

department has the following rights and responsibilities:  the     1,375        

                                                          34     

                                                                 
right to have physical possession of the child; the right and      1,376        

duty to train, protect, and control the child; the responsibility  1,378        

to provide the child with food, clothing, shelter, education, and  1,380        

medical care; and the right to determine where and with whom the   1,381        

child shall live, subject to the minimum periods of, or periods    1,383        

of, institutional care prescribed in section 2151.355 of the       1,385        

Revised Code; provided, that these rights and responsibilities     1,386        

are exercised subject to the powers, rights, duties, and           1,387        

responsibilities of the guardian of the person of the child, and   1,388        

subject to any residual parental rights and responsibilities.      1,389        

      (4)  Unless the context requires a different meaning,        1,391        

"institution" means a state facility that is created by the        1,392        

general assembly and that is under the management and control of   1,393        

the department of youth services or a private entity with which    1,394        

the department has contracted for the institutional care and       1,395        

custody of felony delinquents.                                                  

      (5)  "Full-time care" means care for twenty-four hours a     1,397        

day for over a period of at least two consecutive weeks.           1,398        

      (6)  "Placement" means the conditional release of a child    1,400        

under the terms and conditions that are specified by the           1,401        

department of youth services.  The department shall retain legal   1,402        

custody of a child released pursuant to division (C) of section    1,403        

2151.38 of the Revised Code or division (C) of section 5139.06 of  1,404        

the Revised Code until the time that it discharges the child or    1,405        

until the legal custody is terminated as otherwise provided by     1,406        

law.                                                               1,407        

      (7)  "Home placement" means the placement of a child in the  1,409        

home of the child's parent or parents or in the home of the        1,410        

guardian of the child's person.                                    1,412        

      (8)  "Discharge" means that the department of youth          1,414        

services' legal custody of a child is terminated.                  1,415        

      (9)  "Release" means the termination of a child's stay in    1,417        

an institution and the subsequent period during which the child    1,418        

returns to the community under the terms and conditions of         1,419        

                                                          35     

                                                                 
supervised release.                                                             

      (10)  "Delinquent child" has the same meaning as in section  1,421        

2151.02 of the Revised Code.                                       1,422        

      (11)  "Felony delinquent" means any child who is at least    1,424        

twelve years of age but less than eighteen years of age and who    1,425        

is adjudicated a delinquent child for having committed an act      1,426        

that if committed by an adult would be a felony.  "Felony          1,427        

delinquent" includes any adult who is between the ages of          1,428        

eighteen and twenty-one and who is in the legal custody of the     1,429        

department of youth services for having committed an act that if   1,430        

committed by an adult would be a felony.                           1,431        

      (12)  "Juvenile traffic offender" has the same meaning as    1,433        

in section 2151.021 of the Revised Code.                           1,434        

      (13)  "Public safety beds" means all of the following:       1,436        

      (a)  Felony delinquents who have been committed to the       1,438        

department of youth services for the commission of an act, other   1,439        

than a violation of section 2911.01 or 2911.11 of the Revised      1,440        

Code, that is a category one offense or a category two offense     1,441        

and who are in the care and custody of an institution OR HAVE      1,442        

BEEN DIVERTED FROM CARE AND CUSTODY IN AN INSTITUTION AND PLACED   1,443        

IN A COMMUNITY CORRECTIONS FACILITY;                               1,444        

      (b)  Felony delinquents who, while committed to the          1,446        

department of youth services and in the care and custody of an     1,447        

institution OR A COMMUNITY CORRECTIONS FACILITY, are adjudicated   1,448        

delinquent children for having committed in that institution OR    1,451        

COMMUNITY CORRECTIONS FACILITY an act that if committed by an      1,452        

adult would be a felony;                                                        

      (c)  Children who satisfy all of the following:              1,454        

      (i)  They are at least twelve years of age but less than     1,457        

eighteen years of age.                                                          

      (ii)  They are adjudicated delinquent children for having    1,460        

committed acts that if committed by an adult would be a felony.    1,461        

      (iii)  They are committed to the department of youth         1,464        

services by the juvenile court of a county that has had one-tenth  1,465        

                                                          36     

                                                                 
of one per cent or less of the statewide adjudications for felony  1,466        

delinquents as averaged for the past four fiscal years.            1,468        

      (iv)  They are in the care and custody of an institution OR  1,470        

A COMMUNITY CORRECTIONS FACILITY.                                  1,471        

      (d)  Felony delinquents who, while committed to the          1,473        

department of youth services and in the care and custody of an     1,474        

institution, commit in that institution an act that if committed   1,475        

by an adult would be a felony, who are serving disciplinary time   1,476        

for having committed that act, and who have been                   1,478        

institutionalized or institutionalized in a secure facility for    1,479        

the minimum period of time specified in division (A)(4) or (5) of  1,480        

section 2151.355 of the Revised Code.                                           

      (e)  Felony delinquents who are subject to and serving a     1,482        

three-year period of commitment order imposed by a juvenile court  1,483        

pursuant to division (A)(7) of section 2151.355 of the Revised     1,485        

Code for an act, other than a violation of section 2911.11 of the  1,486        

Revised Code, that would be a category one offense or category     1,487        

two offense if committed by an adult.                                           

      (f)  Felony delinquents who are described in division        1,489        

DIVISIONS (A)(13)(a) TO (e) of this section, who have been         1,491        

granted a judicial release under division (B) of section 2151.38   1,492        

of the Revised Code or an early release under division (C) of      1,494        

that section from the commitment to the department of youth        1,495        

services for the act described in division DIVISIONS (A)(13)(a)    1,496        

TO (e) of this section, who have violated the terms and            1,497        

conditions of that judicial release or early release, and who,     1,498        

pursuant to an order of the court of the county in which the       1,499        

particular felony delinquent was placed on release that is issued  1,500        

pursuant to division (D) of section 2151.38 of the Revised Code,   1,502        

have been returned to the department for institutionalization or   1,503        

institutionalization in a secure facility.                         1,504        

      (g)  Felony delinquents who have been committed to the       1,507        

custody of the department of youth services, who have been         1,508        

granted supervised release from the commitment pursuant to         1,509        

                                                          37     

                                                                 
section 5139.51 of the Revised Code, who have violated the terms   1,511        

and conditions of that supervised release, and who, pursuant to    1,512        

an order of the court of the county in which the particular child  1,513        

was placed on supervised release issued pursuant to division (F)   1,514        

of section 5139.52 of the Revised Code, have had the supervised    1,515        

release revoked and have been returned to the department for       1,516        

institutionalization.  A felony delinquent described in this       1,517        

division shall be a public safety bed only for the time during     1,518        

which the felony delinquent is institutionalized as a result of    1,519        

the revocation subsequent to the initial thirty-day period of      1,520        

institutionalization required by division (F) of section 5139.52   1,521        

of the Revised Code.                                               1,522        

      (14)  "State target youth" means twenty-five per cent of     1,524        

the projected total number of felony delinquents for each year of  1,525        

a biennium, factoring in revocations and recommitments.            1,526        

      (15)  Unless the context requires a different meaning,       1,528        

"community corrections facility" means a county or multicounty     1,529        

rehabilitation center for felony delinquents who have been         1,530        

committed to the department of youth services and diverted from    1,531        

care and custody in an institution and placed in the               1,532        

rehabilitation center pursuant to division (E) of section 5139.36  1,533        

of the Revised Code.                                               1,534        

      (16)  "Secure facility" means any facility that is designed  1,536        

and operated to ensure that all of its entrances and exits are     1,537        

under the exclusive control of its staff and to ensure that,       1,538        

because of that exclusive control, no child who has been           1,539        

institutionalized in the facility may leave the facility without                

permission or supervision.                                         1,540        

      (17)  "Community residential program" means a program that   1,542        

satisfies both of the following:                                   1,543        

      (a)  It is housed in a building or other structure that has  1,545        

no associated major restraining construction, including, but not   1,546        

limited to, a security fence.                                      1,547        

      (b)  It provides twenty-four-hour care, supervision, and     1,549        

                                                          38     

                                                                 
programs for felony delinquents who are in residence.              1,550        

      (18)  "Category one offense" and "category two offense"      1,552        

have the same meanings is AS in section 2151.26 of the Revised     1,553        

Code.                                                                           

      (19)  "Disciplinary time" means additional time that the     1,556        

department of youth services requires a felony delinquent to       1,557        

serve in an institution, that delays the felony delinquent's       1,558        

planned release, and that the department imposes upon the felony   1,559        

delinquent following the conduct of an internal due process        1,560        

hearing for having committed any of the following acts while       1,561        

committed to the department and in the care and custody of an      1,562        

institution:                                                       1,563        

      (a)  An act that if committed by an adult would be a         1,566        

felony;                                                                         

      (b)  An act that if committed by an adult would be a         1,569        

misdemeanor;                                                                    

      (c)  An act that is not described in division (A)(19)(a) or  1,572        

(b) of this section and that violates an institutional rule of     1,573        

conduct of the department.                                                      

      (20)  "Unruly child" has the same meaning as in section      1,575        

2151.022 of the Revised Code.                                      1,576        

      (21)  "Revocation" means the act of revoking a child's       1,578        

supervised release for a violation of a term or condition of the   1,579        

child's supervised release in accordance with section 5139.52 of   1,581        

the Revised Code.                                                               

      (20)(22)  "Release authority" means the release authority    1,583        

of the department of youth services that is established by         1,584        

section 5139.50 of the Revised Code.                               1,585        

      (21)(23)  "Supervised release" means the event of the        1,587        

release of a child under this chapter from an institution and the  1,588        

period after that release during which the child is supervised     1,589        

and assisted by an employee of the department of youth services    1,590        

under specific terms and conditions for reintegration of the       1,591        

child into the community.                                                       

                                                          39     

                                                                 
      (22)(24)  "Victim" means the person identified in a police   1,593        

report, complaint, or information as the victim of an act that     1,595        

would have been a criminal offense if committed by an adult and    1,596        

that provided the basis for adjudication proceedings resulting in  1,597        

a child's commitment to the legal custody of the department of     1,598        

youth services.                                                                 

      (23)(25)  "Victim's representative" means a member of the    1,600        

victim's family or another person whom the victim or another       1,601        

authorized person designates in writing, pursuant to section       1,603        

5139.56 of the Revised Code, to represent the victim with respect  1,604        

to proceedings of the release authority of the department of       1,605        

youth services and with respect to other matters specified in      1,606        

that section.                                                                   

      (24)(26)  "Member of the victim's family" means a spouse,    1,608        

child, stepchild, sibling, parent, stepparent, grandparent, other  1,609        

relative, or legal guardian of a child but does not include a      1,610        

person charged with, convicted of, or adjudicated a delinquent     1,611        

child for committing a criminal or delinquent act against the      1,612        

victim or another criminal or delinquent act arising out of the    1,614        

same conduct, criminal or delinquent episode, or plan as the                    

criminal or delinquent act committed against the victim.           1,615        

      (25)(27)  "Judicial release" means a release of a child      1,617        

from institutional care or institutional care in a secure          1,618        

facility that is granted by a court pursuant to division (B) of    1,620        

section 2151.38 of the Revised Code during the period specified                 

in that division.                                                  1,621        

      (26)(28)  "Early release" means a release of a child from    1,623        

institutional care or institutional care in a secure facility      1,624        

that is granted by a court pursuant to division (C) of section     1,625        

2151.38 of the Revised Code during the period specified in that    1,626        

division.                                                                       

      (B)  There is hereby created the department of youth         1,628        

services.  The governor shall appoint the director of the          1,629        

department with the advice and consent of the senate.  The         1,630        

                                                          40     

                                                                 
director shall hold office during the term of the appointing       1,631        

governor but subject to removal at the pleasure of the governor.   1,632        

Except as otherwise authorized in section 108.05 of the Revised    1,633        

Code, the director shall devote the director's entire time to the  1,635        

duties of the director's office and shall hold no other office or  1,636        

position of trust or profit during the director's term of office.  1,638        

      The director is the chief executive and administrative       1,640        

officer of the department and has all the powers of a department   1,641        

head set forth in Chapter 121. of the Revised Code.  The director  1,643        

may adopt rules for the government of the department, the conduct  1,644        

of its officers and employees, the performance of its business,    1,645        

and the custody, use, and preservation of the department's         1,646        

records, papers, books, documents, and property.  The director     1,647        

shall be an appointing authority within the meaning of Chapter     1,648        

124. of the Revised Code.  Whenever this or any other chapter or   1,649        

section of the Revised Code imposes a duty on or requires an       1,650        

action of the department, the duty or action shall be performed    1,651        

by the director or, upon the director's order, in the name of the  1,652        

department.                                                        1,653        

      Sec. 5139.02.  (A)(1)  AS USED IN THIS SECTION, "MANAGING    1,662        

OFFICER" MEANS THE ASSISTANT DIRECTOR, A DEPUTY DIRECTOR, AN       1,664        

ASSISTANT DEPUTY DIRECTOR, A SUPERINTENDENT, A REGIONAL            1,665        

ADMINISTRATOR, A DEPUTY SUPERINTENDENT, OR THE SUPERINTENDENT OF   1,666        

SCHOOLS OF THE DEPARTMENT OF YOUTH SERVICES, A MEMBER OF THE       1,667        

RELEASE AUTHORITY, THE CHIEF OF STAFF TO THE RELEASE AUTHORITY,    1,668        

AND THE VICTIMS COORDINATOR OF THE OFFICE OF VICTIM SERVICES.      1,669        

      (2)  Each division established by the director of youth      1,672        

services shall consist of managing officers and other employees,   1,673        

including those employed in institutions and regions as necessary  1,674        

to perform the functions assigned to them. The director,           1,675        

assistant director, or appropriate deputy director or managing     1,676        

officer of the department shall supervise the work of each         1,677        

division and determine general policies governing the exercise of  1,678        

powers vested in the department and assigned to each division.     1,679        

                                                          41     

                                                                 
The appropriate managing officer or deputy director is                          

responsible to the director or assistant director for the          1,680        

organization, direction, and supervision of the work of the        1,681        

division or unit and for the exercise of the powers and the        1,682        

performance of the duties of the department assigned to it and,    1,683        

with the director's approval, may establish bureaus or other       1,684        

administrative units within the department.                        1,685        

      (B)  The director shall appoint all managing officers, who   1,687        

shall be in the unclassified civil service.  If the director       1,688        

appoints a managing officer from within the classified service of  1,689        

the department, the person so appointed retains the right to       1,690        

resume the position and status he held in the classified service   1,691        

immediately prior to his appointment as managing officer.  If      1,692        

such a person is removed from his THE position as managing         1,693        

officer, he THE PERSON shall be reinstated to the position he      1,695        

held in the classified service immediately prior to his            1,697        

appointment as managing officer, or to another position certified  1,698        

by the director, with the approval of the department of            1,699        

administrative services, as being substantially equal to that      1,700        

position.  Any person holding the position of managing officer on  1,701        

the effective date of this section is entitled to resume the       1,702        

position and status he held in the classified service of the       1,703        

department of youth services immediately prior to his appointment  1,704        

as a managing officer.  Service as a managing officer shall be     1,705        

counted as service in the position in the classified service the   1,706        

reinstated person held immediately prior to his appointment as a   1,707        

managing officer.  If a person is reinstated to a position in the  1,708        

classified service under this division, he is entitled to all      1,709        

rights and emoluments that accrued to the position during his      1,711        

period of service as a THE PERSON SHALL BE RETURNED TO THE PAY     1,712        

RANGE AND STEP TO WHICH THE PERSON HAD BEEN ASSIGNED AT THE TIME   1,713        

OF THE APPOINTMENT AS managing officer.  LONGEVITY, WHERE          1,714        

APPLICABLE, SHALL BE CALCULATED PURSUANT TO THE PROVISIONS OF      1,715        

SECTION 124.181 OF THE REVISED CODE.                                            

                                                          42     

                                                                 
      (C)  Each person appointed as a managing officer shall have  1,717        

received special training and shall have experience in the type    1,718        

of work that his THE PERSON'S division is required to perform.     1,719        

Each managing officer, under the supervision of the director, has  1,721        

entire charge of the division, institution, unit, or region for    1,722        

which he THE MANAGING OFFICER is appointed and, with the           1,724        

director's approval, shall appoint necessary employees and may     1,725        

remove them for cause.                                                          

      Sec. 5139.04.  The department of youth services shall do     1,737        

all of the following:                                              1,738        

      (A)  Support service districts through a central             1,740        

administrative office that shall have as its administrative head   1,741        

a deputy director who shall be appointed by the director of the    1,742        

department.  When a vacancy occurs in the office of that deputy    1,743        

director, an assistant deputy director shall act as that deputy    1,745        

director until the vacancy is filled.  The position of deputy      1,746        

director and assistant deputy director described in this division  1,747        

shall be in the unclassified civil service of the state.           1,749        

      (B)  Receive custody of all children committed to it under   1,751        

Chapter 2151. of the Revised Code, cause a study to be made of     1,752        

those children, and issue any orders, as it considers best suited  1,753        

to the needs of any of those children and the interest of the      1,754        

public, for the treatment of each of those children;               1,755        

      (C)  Obtain personnel necessary for the performance of its   1,757        

duties;                                                            1,758        

      (D)  Train or provide for training of probation and youth    1,760        

correction workers;                                                1,761        

      (E)  Adopt rules that regulate its organization and          1,764        

operation, that implement sections 5139.34 and 5139.41 to 5139.45  1,765        

of the Revised Code, and that pertain to the administration of     1,766        

other sections of this chapter;                                    1,768        

      (F)  Submit reports of its operations to the governor and    1,770        

the general assembly by the thirty-first day of January of each    1,771        

odd-numbered year;                                                 1,772        

                                                          43     

                                                                 
      (G)  Conduct a program of research in diagnosis, training,   1,774        

and treatment of delinquent children to evaluate the               1,775        

effectiveness of the department's services and to develop more     1,776        

adequate methods;                                                  1,777        

      (H)  Receive reports from the juvenile courts under          1,779        

division (C)(3)(b) of section 5139.43 of the Revised Code and      1,780        

prepare an annual report of state juvenile court statistics and    1,781        

information based upon those reports.  The department shall make   1,782        

available a copy of the annual report to the governor and members  1,783        

of the general assembly upon request.                              1,784        

      (I)  Develop a standard form for the predisposition          1,786        

DISPOSITION investigation report that a juvenile court is          1,788        

required pursuant to section 2151.355 of the Revised Code to       1,789        

complete and provide to the department when the court commits a                 

child to the legal custody of the department;                      1,790        

      (J)  Do all other acts necessary or desirable to carry out   1,792        

this chapter.                                                      1,793        

      Sec. 5139.05.  (A)  The juvenile court may commit any child  1,802        

to the department of youth services permanently as authorized in   1,803        

section 2151.355 of the Revised Code, provided that any child so   1,804        

committed shall be at least twelve years of age at the time of     1,805        

the child's commitment.  Any order to commit a child to an         1,806        

institution under the control and management of the department     1,808        

shall have the effect of ordering that the child be committed to   1,809        

the department and assigned to an institution as follows:          1,810        

      (1)  For an indefinite term consisting of the prescribed     1,813        

minimum period of time and a maximum period not to exceed the      1,814        

child's attainment of twenty-one years of age, if the child was    1,815        

committed pursuant to division (A)(4) or (5) of section 2151.355   1,816        

of the Revised Code;                                                            

      (2)  Until the child's attainment of twenty-one years of     1,818        

age, if the child was committed pursuant to division (A)(6) of     1,820        

that section;                                                                   

      (3)  For a period of commitment that shall be in addition    1,822        

                                                          44     

                                                                 
to, and shall be served consecutively with and prior to, a period  1,823        

of commitment described in division (A)(1) or (2) of this          1,824        

section, if the child was committed pursuant to division (A)(7)    1,825        

of section 2151.355 of the Revised Code;                           1,827        

      (4)  For any period of commitment imposed under division     1,829        

(A)(7) of section 2151.355 of the Revised Code and for             1,832        

consecutive periods of commitment as described in division (A)(1)  1,833        

or (2) of this section, if the child was the subject of a          1,834        

consecutive periods of commitment order issued by the court        1,835        

pursuant to division (B)(2) of section 2151.355 of the Revised     1,836        

Code.                                                                           

      (B)  The release authority of the department of youth        1,838        

services, in accordance with section 5139.51 of the Revised Code,  1,839        

may grant the release from institutionalization of any child       1,841        

committed to the department.                                                    

      The order committing a child to the department of youth      1,843        

services shall state that the child has been adjudicated a         1,844        

delinquent child and that the commitment is permanent.  The        1,845        

jurisdiction of the court terminates at the time of the            1,846        

commitment except in relation to procedures for the judicial       1,847        

release or early release of children from institutionalization or  1,849        

institutionalization in a secure facility and hearings conducted   1,851        

relative to judicial release or early release; except in relation  1,854        

to its authority to add additional consistent terms and            1,855        

conditions regarding early release that are not prohibited under   1,856        

division (C)(2) of section 2151.38 of the Revised Code; except in  1,858        

relation to its authority to add additional terms and conditions   1,859        

regarding judicial release; except in relation to hearings         1,862        

conducted relative to violations of the terms and conditions of a  1,863        

judicial release or early release; except in relation to the       1,865        

functions of the court related to the granting of supervised       1,866        

release, with respect to violations of supervised release, and     1,867        

with respect to functions of the court related to the revocation   1,868        

of supervised release that are specified in sections 5139.51 and   1,870        

                                                          45     

                                                                 
5139.52 of the Revised Code; and except that the department may    1,874        

petition the court for an order terminating its custody.  When a   1,875        

child has been committed permanently to the department, the        1,876        

department shall retain legal custody of the child until the time  1,877        

that it divests itself of the TERMINATES ITS legal custody of the  1,878        

child by discharging the child to the exclusive management,        1,879        

control, and custody of the child's parent or the guardian of the  1,881        

child's person OR, IF THE CHILD IS EIGHTEEN YEARS OF AGE OR                     

OLDER, BY DISCHARGING THE CHILD, until the committing court, upon  1,883        

its own motion, upon petition of the parent, guardian of the       1,884        

person, or next friend of a child, or upon petition of the         1,885        

department, terminates the department's legal custody of the       1,886        

child, UNTIL THE COMMITTING COURT GRANTS THE CHILD A JUDICIAL      1,887        

RELEASE UNDER DIVISION (B) OF SECTION 2151.38 OF THE REVISED       1,888        

CODE, or until the department's legal custody of the child is      1,889        

terminated automatically by the child attaining twenty-one years   1,890        

of age.                                                                         

      (C)  When a child is committed to the department of youth    1,892        

services, the department may assign the child to a hospital for    1,893        

mental, physical, and other examination, inquiry, or treatment     1,894        

for the period of time that is necessary.  The department may      1,895        

remove any child in its custody to a hospital for observation,     1,896        

and a complete report of every observation at the hospital shall   1,898        

be made in writing and shall include a record of observation,      1,899        

treatment, and medical history and a recommendation for future     1,900        

treatment, custody, and maintenance.  The department shall         1,901        

thereupon order the placement and treatment that it determines to  1,902        

be most conducive to the purposes of Chapters 2151. and 5139. of   1,903        

the Revised Code.  The committing court and all public             1,904        

authorities shall make available to the department all pertinent   1,905        

data in their possession with respect to the case.                              

      (D)  Records maintained by the department of youth services  1,907        

pertaining to the children in its custody shall be accessible      1,908        

only to department employees, except by consent of the department  1,909        

                                                          46     

                                                                 
or upon the order of the judge of a court of record.  These        1,910        

records shall not be considered "public records," as defined in    1,911        

section 149.43 of the Revised Code.                                1,912        

      Except as otherwise provided by a law of this state or the   1,914        

United States, the department of youth services may release        1,915        

records that are maintained by the department of youth services    1,916        

and that pertain to children in its custody to the department of   1,917        

rehabilitation and correction regarding persons who are under the  1,918        

jurisdiction of the department of rehabilitation and correction    1,919        

and who have previously been committed to the department of youth               

services.  The department of rehabilitation and correction may     1,920        

use those records for the limited purpose of carrying out the      1,921        

duties of the department of rehabilitation and correction.         1,922        

Records released by the department of youth services to the        1,923        

department of rehabilitation and correction shall remain                        

confidential and shall not be considered public records as         1,924        

defined in section 149.43 of the Revised Code.                     1,925        

      (E)(1)  When a child is committed to the department of       1,927        

youth services, the department, orally or in writing, shall        1,928        

notify the parent, guardian, or custodian of a child that the      1,929        

parent, guardian, or custodian may request at any time from the    1,930        

superintendent of the institution in which the child is located    1,931        

any of the information described in divisions (E)(1)(a), (b),      1,932        

(c), and (d) of this section.  The parent, guardian, or custodian  1,933        

may provide the department with the name, address, and telephone   1,934        

number of the parent, guardian, or custodian, and, until the       1,935        

department is notified of a change of name, address, or telephone  1,936        

number, the department shall use the name, address, and telephone  1,937        

number provided by the parent, guardian, or custodian to provide   1,938        

notices or answer inquiries concerning the following information:  1,939        

      (a)  When the department of youth services makes a           1,941        

permanent assignment of the child to a facility, the department,   1,942        

orally or in writing and on or before the third business day       1,943        

after the day the permanent assignment is made, shall notify the   1,944        

                                                          47     

                                                                 
parent, guardian, or custodian of the child of the name of the     1,945        

facility to which the child has been permanently assigned.         1,946        

      If a parent, guardian, or custodian of a child who is        1,948        

committed to the department of youth services requests, orally or  1,949        

in writing, the department to provide the parent, guardian, or     1,950        

custodian with the name of the facility in which the child is      1,952        

currently located, the department, orally or in writing and on or  1,953        

before the next business day after the day on which the request    1,954        

is made, shall provide the name of that facility to the parent,    1,955        

guardian, or custodian.                                                         

      (b)  If a parent, guardian, or custodian of a child who is   1,957        

committed to the department of youth services, orally or in        1,958        

writing, asks the superintendent of the institution in which the   1,959        

child is located whether the child is being disciplined by the     1,960        

personnel of the institution, what disciplinary measure the        1,961        

personnel of the institution are using for the child, or why the   1,962        

child is being disciplined, the superintendent or the              1,963        

superintendent's designee, on or before the next business day      1,965        

after the day on which the request is made, shall provide the      1,966        

parent, guardian, or custodian with written or oral responses to   1,967        

the questions.                                                                  

      (c)  If a parent, guardian, or custodian of a child who is   1,969        

committed to the department of youth services, orally or in        1,970        

writing, asks the superintendent of the institution in which the   1,971        

child is held whether the child is receiving any medication from   1,972        

personnel of the institution, what type of medication the child    1,973        

is receiving, or what condition of the child the medication is     1,974        

intended to treat, the superintendent or the superintendent's      1,976        

designee, on or before the next business day after the day on      1,977        

which the request is made, shall provide the parent, guardian, or  1,978        

custodian with oral or written responses to the questions.         1,979        

      (d)  When a major incident occurs with respect to a child    1,981        

who is committed to the department of youth services, the          1,982        

department, as soon as reasonably possible after the major         1,983        

                                                          48     

                                                                 
incident occurs, shall notify the parent, guardian, or custodian   1,984        

of the child that a major incident has occurred with respect to    1,985        

the child and of all the details of that incident that the         1,986        

department has ascertained.                                        1,987        

      (2)  The failure of the department of youth services to      1,989        

provide any notification required by or answer any requests made   1,990        

pursuant to division (E) of this section does not create a cause   1,991        

of action against the state.                                       1,992        

      (F)  The department of youth services, as a means of         1,994        

punishment while the child is in its custody, shall not prohibit   1,995        

a child who is committed to the department from seeing that        1,996        

child's parent, guardian, or custodian during standard visitation  1,997        

periods allowed by the department of youth services unless the     1,998        

superintendent of the institution in which the child is held       1,999        

determines that permitting that child to visit with the child's    2,001        

parent, guardian, or custodian would create a safety risk to that  2,002        

child, that child's parents, guardian, or custodian, the           2,003        

personnel of the institution, or other children held in that       2,004        

institution.                                                                    

      (G)  As used in this section:                                2,006        

      (1)  "Permanent assignment" means the assignment or          2,008        

transfer for an extended period of time of a child who is          2,009        

committed to the department of youth services to a facility in     2,010        

which the child will receive training or participate in            2,011        

activities that are directed toward the child's successful         2,012        

rehabilitation.  "Permanent assignment" does not include the       2,013        

transfer of a child to a facility for early release hearings       2,014        

pursuant to section 2151.38 of the Revised Code or for any other   2,015        

temporary assignment or transfer to a facility.                    2,016        

      (2)  "Major incident" means the escape or attempted escape   2,018        

of a child who has been committed to the department of youth       2,019        

services from the facility to which the child is assigned; the     2,020        

return to the custody of the department of a child who has         2,021        

escaped or otherwise fled the custody and control of the           2,022        

                                                          49     

                                                                 
department without authorization; the allegation of any sexual     2,023        

activity with a child committed to the department; physical        2,024        

injury to a child committed to the department as a result of       2,025        

alleged abuse by department staff; an accident resulting in        2,026        

injury to a child committed to the department that requires        2,027        

medical care or treatment outside the institution in which the     2,028        

child is located; the discovery of a controlled substance upon     2,029        

the person or in the property of a child committed to the          2,030        

department; a suicide attempt by a child committed to the          2,031        

department; a suicide attempt by a child committed to the          2,032        

department that results in injury to the child requiring           2,033        

emergency medical services outside the institution in which the    2,034        

child is located; the death of a child committed to the            2,035        

department; an injury to a visitor at an institution under the     2,036        

control of the department that is caused by a child committed to   2,037        

the department; and the commission or suspected commission of an   2,038        

act by a child committed to the department that would be an        2,039        

offense if committed by an adult.                                  2,040        

      (3)  "Sexual activity" has the same meaning as in section    2,042        

2907.01 of the Revised Code.                                       2,043        

      (4)  "Controlled substance" has the same meaning as in       2,045        

section 3719.01 of the Revised Code.                               2,046        

      Sec. 5139.18.  (A)  Except with respect to children who are  2,058        

granted a judicial release pursuant to division (B) of section     2,059        

2151.38 of the Revised Code, the department of youth services is   2,060        

responsible for locating homes or jobs for children released from  2,061        

its institutions, for supervision of children released from its    2,062        

institutions, and for providing or arranging for the provision to  2,063        

those children of appropriate services that are required to        2,064        

facilitate their satisfactory community adjustment.                2,065        

      (B)  The department of youth services shall exercise         2,067        

general supervision over all children who have been released on    2,068        

placement from any of its institutions other than children who     2,069        

are granted a judicial release pursuant to division (B) of         2,070        

                                                          50     

                                                                 
section 2151.38 of the Revised Code.  The director of youth        2,072        

services, with the consent and approval of the board of county     2,073        

commissioners of any county, may contract with the public          2,074        

children services agency of that county, the department of                      

probation of that county established pursuant to section 2301.27   2,075        

of the Revised Code, or the probation department or service        2,076        

established pursuant to sections 2151.01 to 2151.54 of the         2,077        

Revised Code for the provision of direct supervision and control   2,078        

over and the provision of supportive assistance to all children    2,079        

who have been released on placement into that county from any of   2,080        

its institutions, or, with the consent of the juvenile judge or    2,081        

the administrative judge of the juvenile court of any county,      2,082        

contract with any other public agency, institution, or             2,083        

organization that is qualified to provide the care and             2,084        

supervision that is required under the terms and conditions of     2,085        

the child's treatment plan for the provision of direct             2,086        

supervision and control over and the provision of supportive       2,087        

assistance to all children who have been released on placement     2,088        

into that county from any of its institutions.                     2,089        

      (C)  Whenever any placement official has reasonable cause    2,091        

to believe that any child released by a court pursuant to section  2,092        

2151.38 of the Revised Code has violated the terms and conditions  2,093        

of the child's placement, the official may request, in writing,    2,095        

from the committing court or transferee court a custodial order,                

and, upon reasonable and probable cause, the court may order any   2,096        

sheriff, deputy sheriff, constable, or police officer to           2,097        

apprehend the child.  A child so apprehended may be confined in    2,098        

the detention home of the county in which the child is             2,099        

apprehended until further order of the court.  If a child who was  2,100        

released on supervised release by the release authority of the     2,102        

department of youth services OR A CHILD WHO WAS GRANTED AN EARLY   2,103        

RELEASE violates the terms and conditions of the supervised        2,104        

release OR EARLY RELEASE, section 5139.52 of the Revised Code      2,105        

applies with respect to that child.                                2,107        

                                                          51     

                                                                 
      Sec. 5139.36.  (A)  In accordance with this section and the  2,116        

rules adopted under it and from funds appropriated to the          2,117        

department of youth services for the purposes of this section,     2,118        

the department shall make grants that provide financial resources  2,119        

to operate community corrections facilities for felony             2,120        

delinquents.                                                       2,121        

      (B)(1)  Each community corrections facility that intends to  2,123        

seek a grant under this section shall file an application with     2,124        

the department of youth services at the time and in accordance     2,125        

with the procedures that the department shall establish by rules   2,126        

adopted in accordance with Chapter 119. of the Revised Code.  In   2,127        

addition to other items required to be included in the             2,128        

application, a plan that satisfies both of the following shall be  2,129        

included:                                                          2,130        

      (a)  Consistent with division (A)(12)(b) of section          2,133        

2151.355 of the Revised Code, it IT reduces the number of felony   2,134        

delinquents committed to the department from the county or         2,136        

counties associated with the community corrections facility.       2,137        

      (b)  It ensures equal access for minority felony             2,139        

delinquents to the programs and services for which a potential     2,140        

grant would be used.                                               2,141        

      (2)  The department of youth services shall review each      2,143        

application submitted pursuant to division (B)(1) of this section  2,144        

to determine whether the plan described in that division, the      2,145        

community corrections facility, and the application comply with    2,146        

this section and the rules adopted under it.                       2,147        

      (C)  To be eligible for a grant under this section and for   2,149        

continued receipt of moneys comprising a grant under this          2,150        

section, a community corrections facility shall satisfy at least   2,151        

all of the following requirements:                                 2,152        

      (1)  Be constructed, reconstructed, improved, or financed    2,154        

by the Ohio building authority pursuant to section 307.021 of the  2,155        

Revised Code and Chapter 152. of the Revised Code for the use of   2,156        

the department of youth services and be designated as a community  2,157        

                                                          52     

                                                                 
corrections facility;                                              2,158        

      (2)  Have written standardized criteria governing the types  2,160        

of felony delinquents that are eligible for the programs and       2,161        

services provided by the facility;                                 2,162        

      (3)  Have a written standardized intake screening process    2,164        

and an intake committee that at least performs both of the         2,165        

following tasks:                                                   2,166        

      (a)  Screens all eligible felony delinquents who are being   2,168        

considered for admission to the facility in lieu of commitment to  2,169        

the department;                                                    2,170        

      (b)  Notifies, within ten days after the date of the         2,172        

referral of a felony delinquent to the facility, the committing    2,173        

court whether the felony delinquent will be admitted to the        2,174        

facility.                                                          2,175        

      (4)  Comply with all applicable fiscal and program rules     2,177        

that the department adopts in accordance with Chapter 119. of the  2,178        

Revised Code and demonstrate that felony delinquents served by     2,179        

the facility have been or will be diverted from a commitment to    2,180        

the department.                                                    2,181        

      (D)  The department of youth services shall determine the    2,183        

method of distribution of the funds appropriated for grants under  2,184        

this section to community corrections facilities.                  2,185        

      (E)  With the consent of a committing court and of a         2,187        

community corrections facility that has received a grant under     2,188        

this section, the department of youth services may place in that   2,189        

facility a felony delinquent who has been committed to the         2,190        

department.  During the period in which the felony delinquent is   2,192        

in that facility, the felony delinquent shall remain in the legal  2,193        

custody of the department.                                         2,194        

      Sec. 5139.42.  In developing the formula described in        2,204        

section 5139.41 of the Revised Code, the department of youth       2,205        

services shall use the data included by each juvenile court in     2,206        

the annual report described in division (C)(3)(b) of section       2,207        

5139.43 of the Revised Code, other data included in any monthly    2,208        

                                                          53     

                                                                 
reports that the department may require juvenile courts to file    2,209        

under division (C)(3)(c) of that section, and other data derived   2,210        

from a fiscal monitoring program or another monitoring program     2,211        

described in division (C)(3)(d) of that section to project or      2,213        

calculate the following for each year of a biennium:                            

      (A)  The total number of children who will be adjudicated    2,215        

delinquent children by the juvenile courts for acts that if        2,216        

committed by an adult would be a felony;                           2,217        

      (B)  The number of public safety beds;                       2,219        

      (C)  The state target youth;                                 2,221        

      (D)  The per diem cost for the care and custody of felony    2,223        

delinquents that shall be calculated for each year of a biennium   2,224        

as follows:                                                        2,225        

      (1)  By multiplying the state target youth by the projected  2,227        

length of stay of state target youth in the care and custody of    2,228        

the department;                                                                 

      (2)  By subtracting from the appropriation made to the       2,230        

department for care and custody of felony delinquents for each     2,231        

fiscal year of the biennium the amount of the appropriation that   2,232        

must be set aside pursuant to division (A) of section 5139.41 of   2,233        

the Revised Code for purposes of funding the contingency program   2,234        

described in section 5139.45 of the Revised Code, and then         2,235        

dividing the remainder of the appropriation that was so                         

calculated by the product derived under division (D)(1) of this    2,236        

section;                                                                        

      (3)  By dividing the quotient derived under division (D)(2)  2,238        

of this section by the number of days in the fiscal year.          2,240        

      (E)  For each county of the state, that county's average     2,242        

percentage of the total number of children who during the past     2,243        

four fiscal years were adjudicated delinquent children by the      2,246        

juvenile courts for acts that, if committed by an adult, would be  2,247        

a felony;                                                                       

      (F)  The number of children who satisfy all of the           2,249        

following:                                                                      

                                                          54     

                                                                 
      (1)  They are at least twelve years of age but less than     2,252        

eighteen years of age.                                                          

      (2)  They were adjudicated delinquent children for having    2,255        

committed acts that if committed by an adult would be a felony.    2,256        

      (3)  They were committed to the department by the juvenile   2,259        

court of a county that has had one-tenth of one per cent or less   2,260        

of the statewide adjudications for felony delinquents as averaged  2,261        

for the past four fiscal years.                                    2,263        

      (4)  They are in the care and custody of an institution OR   2,265        

A COMMUNITY CORRECTIONS FACILITY.                                  2,266        

      Sec. 5139.50.  (A)  The release authority of the department  2,275        

of youth services is hereby created as an independent              2,277        

administrative division in the department.  The release authority  2,278        

shall consist of five members who are appointed by the director    2,279        

of youth services and who have the qualifications specified in     2,280        

division (B) of this section.  The members of the release          2,281        

authority shall devote their full time to the duties of the        2,282        

release authority and shall neither seek nor hold other public     2,283        

office.  The members shall be in the unclassified civil service.   2,284        

      (B)  A person appointed as a member of the release           2,286        

authority shall have a bachelor's degree from an accredited        2,287        

college or university or equivalent relevant experience and shall  2,288        

have the skills, training, or experience necessary to analyze      2,290        

issues of law, administration, and public policy.  The membership  2,291        

of the release authority shall represent, insofar as practicable,  2,292        

the diversity found in the children in the legal custody of the    2,293        

department of youth services.                                      2,294        

      In appointing the five members, the director shall ensure    2,296        

that the appointments include all of the following:                2,297        

      (1)  At least four members who have five or more years of    2,300        

experience in criminal justice, juvenile justice, or an                         

equivalent relevant profession;                                    2,301        

      (2)  At least one member who has experience in victim        2,303        

services or advocacy or who has been a victim of a crime or is a   2,304        

                                                          55     

                                                                 
family member of a victim;                                         2,305        

      (3)  At least one member who has experience in direct care   2,308        

services to delinquent children;                                                

      (4)  At least one member who holds a juris doctor degree     2,310        

from an accredited college or university.                          2,311        

      (C)  The initial appointments of members of the release      2,314        

authority shall be for a term of six years for the chairperson     2,315        

and one member, a term of four years for two members, and a term   2,316        

of two years for one member.  Thereafter, members shall be         2,317        

appointed for six-year terms.  At the conclusion of a term, a      2,318        

member shall hold office until the appointment and qualification   2,319        

of the member's successor.  The director shall fill a vacancy      2,320        

occurring before the expiration of a term for the remainder of     2,321        

that term.  A member may be reappointed, but a member may serve    2,322        

no more than two consecutive terms regardless of the length of     2,323        

the member's initial term.  A member may be removed for good       2,324        

cause shown after a full and open hearing by the release           2,325        

authority, if requested by the member, at which the member has an  2,327        

opportunity to respond to the allegations that provide the basis   2,328        

for a call for removal.                                                         

      (D)  The director of youth services shall designate as       2,331        

chairperson of the release authority one of the members who has    2,332        

experience in criminal justice, juvenile justice, or an            2,333        

equivalent relevant profession.  The chairperson shall have full   2,334        

authority over the administration and management of the release    2,335        

authority, shall perform all duties and functions necessary to                  

ensure that the release authority discharges its                   2,336        

responsibilities, and shall act as the appointing authority for    2,338        

all staff of the release authority.  The chairperson shall employ  2,339        

staff as necessary to carry out the duties of the release          2,340        

authority, including hearing representatives to participate in     2,341        

the hearing of cases on review and persons to provide              2,342        

administrative support.  The chairperson shall serve as the        2,343        

official spokesperson for the release authority.                   2,344        

                                                          56     

                                                                 
      (E)  A majority of the members of the release authority      2,347        

shall constitute a quorum for transacting the official business    2,348        

of the authority.  The actions of the release authority shall be   2,349        

determined by a majority vote of the quorum.                       2,350        

      (F)  The release authority shall do all of the following:    2,353        

      (1)  Serve as the final and sole authority for making        2,355        

decisions, in the interests of public safety and the children      2,356        

involved, regarding the release and discharge of all children      2,358        

committed to the legal custody of the department of youth          2,359        

services, except children placed on judicial release or early      2,360        

release by a juvenile court, children who have not completed a     2,361        

prescribed minimum period of time or prescribed period of time in  2,362        

a secure facility, or children who are required to remain in a                  

secure facility until they attain twenty-one years of age;         2,363        

      (2)  Establish written policies and procedures for           2,365        

conducting a periodic review of the status of each child in the    2,366        

custody of the department, setting or modifying dates of release   2,367        

and discharge for each child, specifying the duration, terms, and  2,368        

conditions of release to be carried out in supervised release      2,369        

subject to the addition of additional consistent terms and         2,370        

conditions by a court in accordance with section 5139.51 of the    2,371        

Revised Code, and giving a child notice of all reviews;            2,372        

      (3)  Maintain records of its official actions, decisions,    2,375        

orders, and hearing summaries and make the records accessible in   2,376        

accordance with division (D) of section 5139.05 of the Revised     2,377        

Code;                                                                           

      (4)  Cooperate with public and private agencies,             2,379        

communities, private groups, and individuals for the development   2,380        

and improvement of its services;                                   2,381        

      (5)  Collect, develop, and maintain statistical information  2,384        

regarding its services and decisions;                                           

      (6)  Submit to the director an annual report that includes   2,386        

a description of the operations of the release authority, an       2,387        

evaluation of its effectiveness, recommendations for statutory,    2,388        

                                                          57     

                                                                 
budgetary, or other changes necessary to improve its               2,389        

effectiveness, and any other information required by the           2,390        

director;                                                                       

      (7)  Adopt rules and written policies and procedures to      2,392        

govern its operations.                                             2,393        

      (G)  The release authority may do any of the following:      2,396        

      (1)  Conduct inquiries, investigations, and reviews and      2,399        

hold hearings and other proceedings necessary to properly                       

discharge its responsibilities;                                    2,400        

      (2)  Issue subpoenas, enforceable in a court of law, to      2,402        

compel a person to appear, give testimony, or produce documentary  2,404        

information or other tangible items relating to a matter under     2,405        

inquiry, investigation, review, or hearing;                                     

      (3)  Administer oaths and receive testimony of persons       2,407        

under oath;                                                        2,408        

      (4)  Request assistance, services, and information from a    2,411        

public agency to enable the authority to discharge its                          

responsibilities and receive the assistance, services, and         2,412        

information from the public agency in a reasonable period of       2,413        

time;                                                                           

      (5)  Request from a public agency or any other entity that   2,415        

provides or has provided services to a child committed to the      2,416        

department's legal custody information to enable the release       2,417        

authority to properly discharge its responsibilities with respect  2,419        

to that child and receive the information from the public agency                

or other entity in a reasonable period of time;                    2,420        

      (6)  Require that the terms and conditions of a child's      2,422        

supervised release be enforced during the period of supervised     2,423        

release until discharge;                                           2,424        

      (7)  Order the arrest of a child on supervised release who   2,428        

may be subject to revocation of release;                                        

      (8)  Exercise any other powers necessary to discharge its    2,431        

responsibilities.                                                               

      (H)  The release authority shall adopt specific written      2,433        

                                                          58     

                                                                 
policies governing the discharge of its responsibilities either    2,435        

by the full membership of the authority or by the delegation of    2,436        

authority to one or more members of the release authority or to    2,437        

hearing representatives.  The policy shall require that a hearing  2,438        

be conducted by not fewer than two members of the release          2,439        

authority, two hearing representatives, or a combination of a      2,440        

member of the authority and a hearing representative.              2,441        

      (I)  The release authority shall not delegate its authority  2,444        

to make final decisions regarding policy or the release of a       2,445        

child.                                                                          

      (J)  The release authority shall adopt a written policy and  2,447        

procedures governing appeals of its release and discharge          2,449        

decisions.  The policy shall provide that a child may appeal to    2,451        

the full release authority a decision denying release or           2,452        

discharge made at a hearing conducted by a panel that does not     2,453        

include all of the members of the release authority.  The policy   2,454        

also shall provide that if a decision denying release or           2,455        

discharge is made by the full release authority, the child may     2,456        

request one appeal hearing at which the child shall be afforded a  2,458        

final opportunity to present new or additional information                      

related to any of the reasons enumerated by the release authority  2,459        

in the decision under appeal.  The release authority shall         2,460        

consider an appeal in accordance with the policy and procedure     2,461        

established under this division.                                   2,462        

      (K)  The legal staff of the department of youth services     2,465        

shall provide assistance, upon request, to the release authority   2,467        

in the formulation of policy and in its handling of individual     2,468        

cases.  The attorney general shall provide legal representation    2,469        

for the release authority.  The department of youth services       2,470        

shall provide the release authority with a budget sufficient to    2,471        

properly perform its obligations and responsibilities, subject to  2,472        

administrative controls.                                                        

      Sec. 5139.51.  (A)  The release authority of the department  2,481        

of youth services shall not release a child who is in the custody  2,482        

                                                          59     

                                                                 
of the department of youth services from institutional care or     2,483        

institutional care in a secure facility and shall not discharge    2,484        

the child or order the child's release on supervised release       2,485        

prior to the expiration of the prescribed minimum period of        2,486        

institutionalization or institutionalization in a secure facility  2,487        

or prior to the child's attainment of twenty-one years of age,                  

whichever is applicable under the order of commitment, other than  2,488        

as is provided in division (A) of section 2151.38 of the Revised   2,489        

Code.  The release authority shall MAY conduct periodic reviews    2,490        

of the case of each child who is in the custody of the department  2,491        

and who is eligible for supervised release or discharge after      2,493        

completing the minimum period of time or period of time in an      2,494        

institution prescribed by the committing court.  At least thirty                

days prior to conducting a periodic review of the case of a child  2,495        

who was committed to the department regarding the possibility of   2,498        

supervised release or discharge and at least thirty days prior to               

conducting a RELEASE REVIEW, A RELEASE HEARING, OR A discharge     2,499        

review under division (F)(E) of this section, the release          2,501        

authority shall give notice of the review OR HEARING to the court  2,502        

that committed the child and, to the prosecuting attorney in the   2,503        

case, AND TO THE VICTIM OF THE DELINQUENT ACT FOR WHICH THE CHILD  2,504        

WAS COMMITTED OR THE VICTIM'S REPRESENTATIVE.  IF A CHILD IS ON    2,505        

SUPERVISED RELEASE AND HAS HAD THE CHILD'S PAROLE REVOKED, AND     2,506        

IF, UPON RELEASE, THERE IS INSUFFICIENT TIME TO PROVIDE THE        2,507        

NOTICES OTHERWISE REQUIRED BY THIS DIVISION, THE RELEASE           2,508        

AUTHORITY, AT LEAST TEN DAYS PRIOR TO THE CHILD'S RELEASE, SHALL                

PROVIDE REASONABLE NOTICE OF THE CHILD'S RELEASE TO THE COURT      2,509        

THAT COMMITTED THE CHILD, TO THE PROSECUTING ATTORNEY IN THE       2,510        

CASE, AND TO THE VICTIM OF THE DELINQUENT ACT FOR WHICH THE CHILD  2,511        

WAS COMMITTED OR THE VICTIM'S REPRESENTATIVE.  The court or        2,514        

prosecuting attorney may submit to the release authority written   2,515        

comments regarding, or written objections to, the supervised       2,516        

release or discharge of that child.  Additionally, if the child    2,517        

was committed for an act that is a category one or category two    2,518        

                                                          60     

                                                                 
offense, the court or prosecuting attorney orally may communicate  2,519        

to a representative of the release authority comments regarding,   2,520        

or objections to, the supervised release or discharge of the       2,521        

child or, if a hearing is held regarding the possible release or   2,523        

discharge of the child, may communicate those comments at the      2,524        

hearing.  In conducting the review of the child's case regarding   2,526        

the possibility of supervised release or discharge, the release    2,527        

authority shall consider any comments and objections so submitted  2,528        

or communicated by the court or prosecutor and any statements or   2,530        

comments submitted or communicated under section 5139.56 of the    2,531        

Revised Code by a victim of an act for which the child was         2,532        

committed to the legal custody of the department or by the         2,533        

victim's representative of a victim of an act of that type.        2,534        

      The release authority shall determine the date on which a    2,536        

child may be placed on supervised release or discharged.  If the   2,538        

release authority believes that a child should be placed on        2,539        

supervised release, it shall comply with division (B) of this      2,540        

section.  If the release authority believes that a child should    2,541        

be discharged, it shall comply with division (C) or (F)(E) of      2,543        

this section.  If the release authority denies the supervised      2,545        

release or discharge of a child, it shall provide the child with   2,546        

a written record of the reasons for the decision.                  2,547        

      (B)(1)  When the release authority decides to place a child  2,550        

on supervised release, consistent with division (D) of this        2,552        

section, it shall prepare a written supervised release plan that   2,553        

specifies the terms and conditions upon which the child is to be   2,554        

released from an institution on supervised release and, at least   2,555        

thirty days prior to the release of the child on the supervised    2,556        

release, shall send to the committing court and the juvenile       2,557        

court of the county in which the child will be placed a copy of    2,558        

the supervised release plan and the terms and conditions that it   2,559        

fixes.  The juvenile court of the county in which the child will   2,560        

be placed, within fifteen days after its receipt of the copy of    2,561        

the supervised release plan, may add to the supervised release     2,562        

                                                          61     

                                                                 
plan any additional consistent terms and conditions it considers   2,563        

appropriate, provided that the court may not add any term or       2,564        

condition that decreases the level or degree of supervision        2,565        

specified by the release authority in the plan, that               2,566        

substantially increases the financial burden of supervision that   2,567        

will be experienced by the department of youth services, or that   2,568        

alters the placement specified by the release authority in the     2,569        

plan.                                                                           

      If, within fifteen days after its receipt of the copy of     2,572        

the release authority's supervised release plan, the juvenile      2,573        

court of the county in which the child will be placed does not     2,574        

add to the supervised release plan any additional terms and        2,575        

conditions, the court shall enter the release authority's          2,576        

supervised release plan in its journal within that fifteen-day     2,577        

period and, within that fifteen-day period, shall send to the      2,578        

release authority a copy of the journal entry of the supervised                 

release plan.  The journalized plan shall apply regarding the      2,579        

child's supervised release.                                        2,580        

      If, within fifteen days after its receipt of the copy of     2,583        

the release authority's supervised release plan, the juvenile      2,584        

court of the county in which the child will be placed adds to the  2,585        

supervised release plan any additional terms and conditions, the   2,586        

court shall enter the release authority's supervised release plan  2,587        

and the additional terms and conditions in its journal and,        2,589        

within that fifteen-day period, shall send to the release                       

authority a copy of the journal entry of the supervised release    2,590        

plan and additional terms and conditions.  The journalized         2,593        

supervised release plan and additional terms and conditions added  2,594        

by the court that satisfy the criteria described in this division  2,595        

shall apply regarding the child's supervised release.              2,596        

      If, within fifteen days after its receipt of the copy of     2,598        

the supervised release plan, the juvenile court of the county in   2,599        

which the child will be placed neither enters in its journal the   2,600        

release authority's supervised release plan nor enters in its      2,601        

                                                          62     

                                                                 
journal the release authority's supervised release plan plus       2,602        

additional terms and conditions added by the court, the failure    2,603        

to enter the materials in the court's journal shall be considered  2,605        

to be a constructive entry into the journal of COURT AND THE                    

DEPARTMENT OF YOUTH SERVICES MAY ATTEMPT TO RESOLVE ANY            2,606        

DIFFERENCES REGARDING THE PLAN WITHIN THREE DAYS.  IF A            2,607        

RESOLUTION IS NOT REACHED WITHIN THAT THREE-DAY PERIOD,            2,608        

THEREAFTER, the release authority's supervised release plan, and   2,609        

the release authority and any other person may rely on the         2,610        

constructive journal entry SHALL BE ENFORCEABLE to the same        2,611        

extent as if the court actually had entered the release            2,613        

authority's supervised release plan in its journal.                2,614        

      (2)  When the release authority receives from the court a    2,617        

copy of the journalized supervised release plan and, if            2,618        

applicable, a copy of the journalized additional terms and                      

conditions added by the court, the release authority shall keep    2,620        

the original copy or copies in the child's file and shall provide  2,621        

a copy of each document to the child, the employee of the          2,622        

department who is assigned to supervise and assist the child       2,623        

while on release, and the committing court.                        2,624        

      (C)  If a child who is in the custody of the department of   2,626        

youth services was committed pursuant to division (A)(4) or (5)    2,628        

of section 2151.355 of the Revised Code and has been               2,629        

institutionalized or institutionalized in a secure facility for    2,630        

the prescribed minimum periods of time under those divisions and   2,631        

if the release authority is satisfied that the discharge of the    2,632        

child without the child being placed on supervised release would   2,633        

be consistent with the welfare of the child and protection of the  2,635        

public, the release authority, without approval of the court that  2,636        

committed the child, may discharge the child from its custody and  2,637        

control without placing the child on supervised release.           2,638        

Additionally, the department may discharge a child in its custody               

without the child being placed on supervised release if the child  2,639        

is removed from the jurisdiction of this state by a court order    2,640        

                                                          63     

                                                                 
of a court of this state, another state, or the United States, or  2,641        

by any agency of this state, another state, or the United States,  2,643        

if the child is convicted of or pleads guilty to any criminal                   

offense, or as otherwise provided by law.  At least fifteen days   2,645        

before the scheduled date of discharge of the child without the    2,646        

child being placed on supervised release, the department shall     2,647        

notify the committing court, in writing, that it is going to       2,648        

discharge the child and of the reason for the discharge.  Upon     2,650        

discharge of the child without the child being placed on                        

supervised release, the department immediately shall certify the   2,651        

discharge in writing and shall transmit the certificate of         2,652        

discharge to the committing court.                                 2,653        

      (D)  In addition to requirements that are reasonably         2,656        

related to the child's prior pattern of criminal or delinquent     2,657        

behavior and the prevention of further criminal or delinquent      2,658        

behavior, the release authority shall specify the following        2,659        

requirements for each child whom it releases:                                   

      (1)  The child shall observe the law.                        2,661        

      (2)  The child shall maintain appropriate contact, as        2,663        

specified in the written supervised release document for that      2,664        

child, with the employee of the department assigned to supervise   2,665        

and assist the child.                                              2,666        

      (3)  If the child's residence changes, the THE child shall   2,668        

notify NOT CHANGE RESIDENCE UNLESS THE CHILD SEEKS PRIOR APPROVAL  2,669        

FOR THE CHANGE FROM the employee of the department assigned to     2,670        

supervise and assist the child of the change and provide,          2,672        

PROVIDES THAT EMPLOYEE, AT THE TIME THE CHILD SEEKS THE PRIOR      2,673        

APPROVAL FOR THE CHANGE, WITH appropriate information regarding    2,674        

the child's new residence address AT WHICH THE CHILD WISHES TO     2,675        

RESIDE, AND OBTAINS THE PRIOR APPROVAL OF THAT EMPLOYEE FOR THE    2,676        

CHANGE.                                                                         

      (E)  At any time while a child is on supervised release,     2,679        

the release authority, in accordance with the procedures set       2,680        

forth in this division, may modify the terms and conditions of     2,682        

                                                          64     

                                                                 
the child's supervised release by increasing the degree of                      

supervision, substantially increasing the financial burden of      2,684        

supervision to be experienced by the department of youth           2,685        

services, or altering the placement of the child.  If the release  2,686        

authority wishes to modify the terms and conditions of a child's   2,687        

supervised release in any of those manners, the release authority               

shall issue a summons that requires the child to appear for a      2,689        

hearing to determine whether the modification shall be made.  The  2,690        

summons shall contain a brief statement of the desired             2,691        

modification and shall require the child to appear for a hearing   2,692        

before the release authority at a specified date, time, and        2,693        

place.  The summons may be personally served by an employee of     2,694        

the department of youth services or otherwise served in a manner   2,695        

that is reasonably calculated to assure notice of the hearing,     2,696        

including, but not limited to, by delivering the summons to the    2,697        

child personally or leaving it at the child's usual place of       2,698        

residence with a person of suitable age and discretion who         2,699        

resides at that place.  The release authority shall regard the     2,700        

failure of a child to appear for the hearing stated in the         2,701        

summons as a violation of the child's supervised release.  At the  2,702        

hearing, the release authority may modify the terms and            2,703        

conditions of the child's supervised release, other than the       2,704        

terms specified in division (D) of this section, in any of the     2,705        

manners described in this division.  If the release authority      2,708        

modifies the terms and conditions, it shall prepare a written      2,709        

statement that specifies the modifications, shall keep the                      

original of the written statement in the child's file, promptly    2,711        

shall provide a copy of the written statement to the child and     2,712        

the employee of the department who is assigned to supervise and    2,713        

assist the child while on release, and shall send a copy of the    2,714        

written statement to the committing court and the juvenile court   2,716        

of the county in which the child has been placed.  Within three    2,717        

business days after its receipt of the written statement, the      2,718        

juvenile court of the county in which the child has been placed    2,719        

                                                          65     

                                                                 
shall enter the written statement in its journal.  If, within      2,721        

three business days after its receipt of the written statement,    2,722        

the juvenile court of the county in which the child will be        2,723        

placed does not enter the written statement in its journal, the    2,724        

failure to enter the written statement in the court's journal      2,725        

shall be considered to be a constructive entry of the written      2,726        

statement in the journal, and the release authority and any other  2,727        

person may rely on the constructive journal entry to the same      2,728        

extent as if the court actually had entered the written statement  2,729        

in its journal.  Neither the committing court nor the juvenile     2,731        

court of the county in which the child has been placed may         2,732        

revise, or add to, the modifications contained in the written      2,733        

statement.  The modifications contained in the written statement   2,734        

shall take effect three business days after the receipt of the     2,735        

written statement by the juvenile court of the county in which                  

the child has been placed.                                         2,737        

      (F)  The period of a child's supervised release may extend   2,740        

from the date of release from an institution until the child       2,741        

attains twenty-one years of age.  If the period of supervised      2,742        

release extends beyond one year after the date of release or       2,743        

beyond one year after any minimum period or period of              2,745        

institutionalization required by law, the child may request in     2,746        

writing that the release authority conduct a discharge review      2,747        

after the expiration of the one-year period or the minimum period  2,749        

or period.  If the child so requests, the release authority shall               

conduct a discharge review and give the child its decision in      2,750        

writing.  The release authority shall not grant a discharge prior  2,751        

to the discharge date if it finds good cause for retaining the     2,752        

child in the custody of the department until the discharge date.   2,753        

A child may request an additional discharge review six months      2,754        

after the date of a previous discharge review decision, but not    2,755        

more than once during any six-month period after the date of a     2,756        

previous discharge review decision.                                2,757        

      (G)(F)  At least two weeks before the release authority      2,759        

                                                          66     

                                                                 
places on supervised release or discharges a child who was         2,762        

committed to the legal custody of the department, the release      2,764        

authority shall provide notice of the release or discharge as      2,765        

follows:                                                                        

      (1)  In relation to the placement on supervised release of   2,767        

a child who was committed to the department for committing an act  2,768        

that is a category one or category two offense and in relation to  2,770        

the discharge of a child who was committed to the department for   2,771        

committing any act, the release authority shall notify, by the     2,772        

specified deadline, all of the following of the release or                      

discharge:                                                         2,773        

      (a)  The prosecuting attorney of the county in which the     2,775        

child was adjudicated a delinquent child and committed to the      2,776        

custody of the department;                                         2,777        

      (b)  Whichever of the following is applicable:               2,779        

      (i)  If upon the supervised release or discharge the child   2,781        

will reside in a municipal corporation, the chief of police or     2,782        

other chief law enforcement officer of that municipal              2,783        

corporation;                                                                    

      (ii)  If upon the supervised release or discharge the child  2,785        

will reside in an unincorporated area of a county, the sheriff of  2,786        

that county.                                                                    

      (2)  In relation to the placement on supervised release or   2,788        

discharge of a child who was committed to the department for       2,789        

committing any act, the release authority shall notify, by the     2,790        

specified deadline, each victim of the act for which the child     2,792        

was committed to the legal custody of the department who,          2,793        

pursuant to section 5139.56 of the Revised Code, has requested to  2,795        

be notified of the placement of the child on supervised release    2,796        

or the discharge of the child, provided that, if any victim has    2,798        

designated a person pursuant to that section to act on the                      

victim's behalf as a victim's representative, the notification     2,799        

required by this division shall be provided to that victim's       2,800        

representative.                                                    2,801        

                                                          67     

                                                                 
      Sec. 5139.52.  (A)  At any time during a child's supervised  2,810        

release OR DURING THE PERIOD OF A CHILD'S EARLY RELEASE, if the    2,811        

regional administrator or the employee of the department assigned  2,813        

to supervise and assist the child has reasonable grounds to        2,814        

believe that the child has violated a term or condition of the     2,815        

supervised release OR EARLY RELEASE, the administrator or          2,816        

employee may request a court to issue a summons that requires the  2,819        

child to appear for a hearing to answer charges of the alleged     2,820        

violation.  The summons shall contain a brief statement of the     2,821        

alleged violation, including the date and place of the violation,  2,822        

and shall require the child to appear for a hearing before the     2,823        

court at a specific date, time, and place.                         2,824        

      (B)(1)  At any time while a child is on supervised release   2,826        

OR DURING THE PERIOD OF A CHILD'S EARLY RELEASE, a regional        2,828        

administrator or a designee of a regional administrator, upon      2,829        

application OF THE EMPLOYEE OF THE DEPARTMENT ASSIGNED TO          2,830        

SUPERVISE AND ASSIST THE CHILD as described in this division, may  2,831        

issue, or cause to be issued, an order of apprehension for the     2,833        

arrest of the child for the alleged violation of a term or         2,834        

condition of the child's supervised release OR EARLY RELEASE.  An  2,835        

application requesting an order of apprehension shall set forth    2,839        

that, in the good faith judgment of the regional administrator or  2,840        

designee EMPLOYEE OF THE DEPARTMENT ASSIGNED TO SUPERVISE AND      2,841        

ASSIST THE CHILD making the application, there is reasonable       2,842        

cause to believe that the child who is on supervised release OR    2,844        

EARLY RELEASE has violated or is violating a term or condition of  2,847        

the child's supervised release OR EARLY RELEASE, shall state the   2,848        

basis for that belief, and shall request that the child be taken   2,849        

to an appropriate place of secure detention pending a probable     2,850        

cause determination.  As an alternative to an order of             2,852        

apprehension for the child, a regional administrator or the        2,853        

employee of the department assigned to supervise and assist the    2,854        

child may request a court to issue a warrant for the arrest of     2,855        

the child.                                                                      

                                                          68     

                                                                 
      Subject to the provision of prior notice required by         2,857        

division (D)(1) of this section, if a regional administrator or a  2,860        

designee of a regional administrator issues, in writing, an order  2,861        

of apprehension for the arrest of a child, a staff member of the   2,862        

department of youth services who has been designated pursuant to   2,863        

division (A)(1) of section 5139.53 of the Revised Code as being    2,866        

authorized to arrest and who has received the training described   2,867        

in division (B)(1) of that section, or a peace officer, as         2,869        

defined in section 2935.01 of the Revised Code, may arrest the     2,870        

child, without a warrant, and place the child in secure detention  2,871        

in accordance with this section.                                   2,872        

      If a child is on supervised release OR EARLY RELEASE, any    2,874        

peace officer, as defined in section 2935.01 of the Revised Code,  2,877        

may arrest the child without a warrant or order of apprehension    2,878        

if the peace officer has reasonable grounds to believe that the    2,879        

child has violated or is violating any of the following that has   2,880        

been prescribed by the release authority OR DEPARTMENT OF YOUTH    2,881        

SERVICES relative to the child:                                    2,882        

      (a)  A condition that prohibits the child's ownership,       2,885        

possession, or use of a firearm, deadly weapon, ammunition, or     2,886        

dangerous ordnance, all as defined in section 2923.11 of the       2,887        

Revised Code;                                                                   

      (b)  A condition that prohibits the child from being within  2,890        

a specified structure or geographic area;                          2,891        

      (c)  A condition that confines the child to a residence,     2,894        

facility, or other structure;                                                   

      (d)  A condition that prohibits the child from contacting    2,897        

or communicating with any specified individual;                    2,898        

      (e)  A condition that prohibits the child from associating   2,901        

with a specified individual;                                                    

      (f)  Any other rule, term, or condition governing the        2,904        

conduct of the child that has been prescribed by the release       2,905        

authority.                                                                      

      (2)  Subject to the provision of prior notice required by    2,907        

                                                          69     

                                                                 
division (D)(1) of this section, a staff member of the department  2,908        

of youth services who is designated by the director pursuant to    2,910        

division (A)(1) of section 5139.53 of the Revised Code and who                  

has received the training described in division (B)(1) of that     2,912        

section, a peace officer, as defined in section 2935.01 of the     2,913        

Revised Code, or any other officer with the power to arrest may    2,914        

execute a warrant or order of apprehension issued under division   2,916        

(B)(1) of this section and take the child into secure custody.     2,918        

      (C)  A staff member of the department of youth services who  2,920        

is designated by the director of youth services pursuant to        2,921        

division (A)(1) of section 5139.53 of the Revised Code and who     2,923        

has received the training described in division (B)(1) of that     2,925        

section, a peace officer, as defined in section 2935.01 of the     2,926        

Revised Code, or any other officer with the power to arrest may    2,927        

arrest without a warrant or order of apprehension and take into    2,928        

secure custody a child in the legal custody of the department, if  2,930        

the staff member, peace officer, or other officer has reasonable   2,931        

cause to believe that the child who is on supervised release OR    2,932        

EARLY RELEASE has violated or is violating a term or condition of  2,933        

the supervised release OR EARLY RELEASE in any of the following    2,934        

manners:                                                           2,935        

      (1)  The child committed or is committing an offense or      2,938        

delinquent act in the presence of the staff member, peace                       

officer, or other officer.                                         2,940        

      (2)  There is probable cause to believe that the child       2,942        

violated a term or condition of supervised release OR EARLY        2,943        

RELEASE and that the child is leaving or is about to leave the     2,945        

state.                                                                          

      (3)  The child failed to appear before the release           2,947        

authority pursuant to a summons for a modification or failed to    2,948        

appear for a scheduled court hearing.                              2,949        

      (4)  The arrest of the child is necessary to prevent         2,951        

physical harm to another person or to the child.                   2,952        

      (D)(1)  Except as otherwise provided in this division,       2,954        

                                                          70     

                                                                 
prior to arresting a child under this section, either in relation  2,955        

to an order of apprehension or a warrant for arrest or in any      2,956        

other manner authorized by this section, a staff member or         2,957        

employee of the department of youth services shall provide notice  2,958        

of the anticipated arrest to each county, municipal, or township   2,960        

law enforcement agency with jurisdiction over the place at which   2,961        

the staff member or employee anticipates making the arrest.  A     2,963        

staff member or employee is not required to provide the notice     2,964        

described in this division prior to making an arrest in any        2,965        

emergency situation or circumstance described under division (C)   2,967        

of this section.                                                                

      (2)  An employee of the department assigned to supervise     2,970        

and assist a child while on supervised release or another staff    2,971        

member designated by the director of youth services pursuant to    2,972        

division (A)(1) of section 5139.53 of the Revised Code, as         2,974        

appropriate, promptly shall notify the release authority in        2,975        

writing when a summons, order of apprehension, or warrant is       2,977        

served or an arrest is made pursuant to this section and shall                  

specify in detail the factual allegations of the manner in which   2,978        

the child allegedly has violated the terms and conditions of       2,981        

supervised release.                                                             

      (3)  If a peace officer, as defined in section 2935.01 of    2,983        

the Revised Code, or any other officer with the power to arrest    2,985        

arrests a child under this section, the arresting officer or the   2,986        

department or law enforcement agency served by the arresting       2,987        

officer, promptly after the arrest, IS ARRESTED UNDER THIS         2,988        

SECTION AND IF IT IS KNOWN THAT THE CHILD IS ON SUPERVISED                      

RELEASE OR EARLY RELEASE, A JUVENILE COURT, LOCAL JUVENILE         2,990        

DETENTION CENTER, OR JAIL shall notify the release authority       2,991        

APPROPRIATE DEPARTMENT OF YOUTH SERVICES REGIONAL OFFICE that the  2,992        

child has been arrested and shall provide to the authority         2,993        

REGIONAL OFFICE or to an employee of the department of youth       2,995        

services a copy of the arrest information pertaining to the        2,996        

arrest.                                                                         

                                                          71     

                                                                 
      (4)(3)  Nothing in this section limits the power to make an  2,999        

arrest that is granted to specified peace officers under section   3,000        

2935.03 of the Revised Code, to any person under section 2935.04   3,002        

of the Revised Code, or to any other specified category of         3,003        

persons by any other provision of the Revised Code, or the power   3,004        

to take a child into custody that is granted pursuant to section   3,005        

2151.31 of the Revised Code.                                       3,006        

      (E)  If a child who is on supervised release OR WHO IS       3,009        

UNDER A PERIOD OF EARLY RELEASE is arrested under an order of      3,010        

apprehension, under a warrant, or without a warrant as described   3,011        

in division (B)(1), (B)(2), or (C) of this section and taken into  3,015        

secure custody, all of the following apply:                                     

      (1)  If no motion to revoke the child's supervised release   3,018        

OR EARLY RELEASE has been filed within seventy-two hours after     3,019        

the child is taken into secure custody, the juvenile court, in     3,020        

making its determinations at a detention hearing as to whether to  3,022        

hold the child in secure custody up to seventy-two hours so that   3,023        

a motion to revoke the child's supervised release OR EARLY                      

RELEASE may be filed, may consider, in addition to all other       3,026        

evidence and information considered, the circumstances of the      3,027        

child's arrest and, if the arrest was pursuant to an order of      3,028        

apprehension, the order and the application for the order.         3,029        

      (2)  If no motion to revoke the child's supervised release   3,031        

OR EARLY RELEASE has been filed within seventy-two hours after     3,033        

the child is taken into secure custody and if the child has not    3,034        

otherwise been released prior to the expiration of that            3,035        

seventy-two-hour period, the child shall be released upon the      3,036        

expiration of that seventy-two-hour period.                        3,037        

      (3)  If the person is eighteen, nineteen, or twenty years    3,041        

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  3,043        

the person is under eighteen years of age, the person may be       3,045        

confined in secure detention in the nearest juvenile detention     3,047        

facility.                                                                       

                                                          72     

                                                                 
      (4)  If a motion to revoke the child's supervised release    3,049        

OR EARLY RELEASE is filed after the child has been taken into      3,051        

secure custody and the court decides at the detention hearing to   3,052        

release the child from secure custody, the court may release the   3,053        

child on the same terms and conditions that are currently in       3,054        

effect regarding the child's supervised release OR EARLY RELEASE,  3,055        

pending revocation or subsequent modification.                     3,057        

      (F)  If a child who is on supervised release is arrested     3,060        

under an order of apprehension, under a warrant, or without a      3,061        

warrant as described in division (B)(1), (B)(2), or (C) of this    3,064        

section and taken into secure custody, and if a motion to revoke   3,065        

the child's supervised release is filed, the juvenile court of     3,066        

the county in which the child is placed promptly shall schedule a  3,067        

time for a hearing on whether the child violated any of the terms  3,069        

and conditions of the supervised release.  If a child is released               

on supervised release and the juvenile court of the county in      3,071        

which the child is placed otherwise has reason to believe that     3,072        

the child has not complied with the terms and conditions of the    3,073        

supervised release, the court of the county in which the child is  3,074        

placed, in its discretion, may schedule a time for a hearing on    3,075        

whether the child violated any of the terms and conditions of the  3,076        

supervised release.  If the court of the county in which the       3,077        

child is placed on supervised release conducts a hearing and       3,078        

determines at the hearing that the child did not violate any term  3,080        

or condition of the child's supervised release, the child shall    3,081        

be released from custody, if the child is in custody at that       3,082        

time, and shall continue on supervised release under the terms     3,083        

and conditions that were in effect at the time of the child's      3,084        

arrest, subject to subsequent revocation or modification.  If the  3,085        

court of the county in which the child is placed on supervised     3,086        

release conducts a hearing and determines at the hearing that the  3,087        

child violated one or more of the terms and conditions of the      3,088        

child's supervised release, the court, if it determines that the   3,089        

violation was a serious violation, may revoke the child's          3,090        

                                                          73     

                                                                 
supervised release and order the child to be returned to the       3,091        

department of youth services for institutionalization or, in any   3,092        

case, may make any other disposition of the child authorized by    3,093        

law that the court considers proper.  If the court orders the      3,094        

child to be returned to a department of youth services             3,095        

institution, the child shall remain institutionalized for a        3,096        

minimum period of thirty days, the department shall not reduce     3,097        

the minimum thirty-day period of institutionalization for any      3,098        

time that the child was held in secure custody subsequent to the   3,099        

child's arrest and pending the revocation hearing and the child's  3,100        

return to the department, the release authority, in its            3,101        

discretion, may require the child to remain in                     3,102        

institutionalization for longer than the minimum thirty-day        3,103        

period, and the child is not eligible for judicial release or                   

early release during the minimum thirty-day period of              3,104        

institutionalization or any period of institutionalization in      3,105        

excess of the minimum thirty-day period.                                        

      THIS DIVISION DOES NOT APPLY REGARDING A CHILD WHO IS UNDER  3,107        

A PERIOD OF EARLY RELEASE.  DIVISION (D) OF SECTION 2151.38 OF     3,108        

THE REVISED CODE APPLIES IN RELATION TO A CHILD WHO IS UNDER A     3,109        

PERIOD OF EARLY RELEASE.                                                        

      Sec. 5139.53.  (A)(1)  The director of youth services shall  3,119        

designate certain employees of the department of youth services,   3,120        

including regional administrators, as persons who are authorized,  3,121        

in accordance with section 5139.52 of the Revised Code, to         3,123        

execute an order of apprehension or a warrant for, or otherwise    3,124        

to arrest, children in the custody of the department who are       3,126        

violating or are alleged to have violated the terms and                         

conditions of supervised release OR EARLY RELEASE.                 3,127        

      (2)  The director of youth services shall designate some of  3,129        

the employees designated under division (A)(1) of this section as  3,131        

employees authorized to carry a firearm issued by the department   3,132        

while on duty for their protection in carrying out official                     

duties.                                                                         

                                                          74     

                                                                 
      (B)(1)  An employee of the department designated by the      3,134        

director pursuant to division (A)(1) of this section as having     3,137        

the authority to execute orders of apprehension or warrants and    3,138        

to arrest children as described in that division shall not         3,139        

undertake an arrest until the employee has successfully completed  3,140        

training courses regarding the making of arrests by employees of   3,141        

that nature that are developed in cooperation with and approved    3,142        

by the executive director of the Ohio peace officer training       3,143        

commission.  The courses shall include, but shall not be limited   3,144        

to, training in arrest tactics, defensive tactics, the use of      3,145        

force, and response tactics.                                       3,146        

      (2)  The director of youth services shall develop, and       3,149        

shall submit to the governor for the governor's approval, a        3,150        

deadly force policy for the department.  The deadly force policy   3,151        

shall require each employee who is designated under division       3,152        

(A)(2) of this section to carry a firearm in the discharge of      3,154        

official duties to receive training in the use of deadly force,    3,155        

shall specify the number of hours and the general content of the   3,156        

training in the use of deadly force that each of the designated    3,157        

employees must receive, and shall specify the procedures that      3,158        

must be followed after the use of deadly force by any of the       3,159        

designated employees.  Upon receipt of the policy developed by     3,160        

the director under this division, the governor, in writing,        3,161        

promptly shall approve or disapprove the policy.  If the           3,162        

governor, in writing, disapproves the policy, the director shall   3,163        

develop and resubmit a new policy under this division, and no      3,164        

employee shall be trained under the disapproved policy.  If the    3,165        

governor, in writing, approves the policy, the director shall      3,166        

adopt it as a department policy and shall distribute it to each    3,167        

employee designated under (A)(2) of this section to carry a        3,169        

firearm in the discharge of official duties.  An employee                       

designated by the director pursuant to division (A)(2) of this     3,171        

section to carry a firearm in the discharge of official duties     3,172        

shall not carry a firearm until the employee has successfully                   

                                                          75     

                                                                 
completed both of the following:                                   3,173        

      (a)  Training in the use of deadly force that comports with  3,176        

the policy approved by the governor and developed and adopted by   3,177        

the director under division (B)(2) of this section.  The training  3,179        

required by this division shall be conducted at a training school  3,180        

approved by the Ohio peace officer training commission and shall   3,182        

be in addition to the training described in divisions (B)(1) and   3,183        

(2)(b) of this section that the employee must complete prior to    3,185        

undertaking an arrest and separate from and independent of the     3,186        

training required by division (B)(2)(b) of this section.           3,188        

      (b)  A basic firearm training program that is conducted at   3,191        

a training school approved by the Ohio peace officer training      3,192        

commission and that is substantially similar to the basic firearm  3,193        

training program for peace officers conducted at the Ohio peace    3,195        

officer training academy and has received a certificate of         3,196        

satisfactory completion of that program from the executive         3,197        

director of the Ohio peace officer training commission.  The       3,199        

training described in this division that an employee must          3,200        

complete prior to carrying a firearm shall be in addition to the   3,201        

training described in division (B)(1) of this section that the     3,202        

employee must complete prior to undertaking an arrest.             3,203        

      (C)  After receipt of a certificate of satisfactory          3,206        

completion of a basic firearm training program, to maintain the    3,207        

right to carry a firearm in the discharge of official duties, an   3,208        

employee authorized under this section to carry a firearm shall    3,209        

successfully complete a firearms requalification program in        3,210        

accordance with section 109.801 of the Revised Code.                            

      (D)  Each employee authorized to carry a firearm shall give  3,213        

bond to the state to be approved by the clerk of the court of      3,214        

common pleas in the county of that employee's residence.  The      3,215        

bond shall be in the sum of one thousand dollars, conditioned to   3,216        

save the public harmless by reason of the unlawful use of a        3,217        

firearm.  A person injured or the family of a person killed by     3,218        

the employee's improper use of a firearm may have recourse on the  3,219        

                                                          76     

                                                                 
bond.                                                                           

      (E)  In addition to the deadly force policy adopted under    3,221        

division (B)(2) of this section, the director of youth services    3,223        

shall establish policies for the carrying and use of firearms by   3,224        

the employees that the director designates under this section.     3,225        

      Sec. 5139.56.  (A)  The victim of an act for which a child   3,234        

has been committed to the legal custody of the department of       3,236        

youth services may submit a written request to the release         3,237        

authority to notify the victim of all release reviews, pending     3,238        

release hearings, supervised release revocation hearings, and      3,239        

discharge reviews relating to the child, of the placement of the   3,241        

child on supervised release, and of the discharge of the child.    3,243        

If the victim is a minor, is incapacitated, incompetent, or        3,245        

chooses to be represented by another person, the victim may        3,246        

designate in writing a person to act on the victim's behalf as a                

victim's representative and to request and receive the notices.    3,247        

If the victim is deceased, the executor or administrator of the    3,249        

victim's estate or, if there is no executor or administrator of    3,250        

the victim's estate, a member of the victim's family may           3,251        

designate in writing a person to act on the victim's behalf as a   3,252        

victim's representative and to request and receive the notices.    3,254        

If more than one person seeks to act as the representative of the  3,255        

victim, the release authority shall designate one person to act    3,256        

as the victim's representative.  If the victim chooses not to      3,257        

have a representative, the victim shall be the sole person                      

accorded rights under this section.  The release authority may     3,258        

give notice by any means reasonably calculated to provide prompt   3,259        

actual notice.                                                     3,260        

      If a victim, an executor or administrator, or a member of a  3,263        

victim's family designates a person in writing pursuant to this                 

division to act on the victim's behalf as a victim's               3,265        

representative, the victim, executor, administrator, or family     3,266        

member, or the victim's representative, shall notify the release   3,267        

authority that the victim's representative is to act for the       3,268        

                                                          77     

                                                                 
victim.  A victim, executor, administrator, or member of a         3,269        

victim's family who has designated a person in writing pursuant    3,270        

to this division to act on the victim's behalf as a victim's       3,271        

representative may revoke the authority of that person to act as   3,272        

the victim's representative.  Upon the revocation, the victim,     3,273        

executor, administrator, or member of the victim's family shall    3,274        

notify the release authority in writing that the authority of the  3,276        

person to so act has been revoked.  At any time after the          3,277        

revocation, the victim, executor, administrator, or member of the  3,278        

victim's family may designate in writing a different person to     3,279        

act on the victim's behalf as a victim's representative.           3,280        

      The victim or victim's representative shall provide the      3,282        

release authority an address or telephone number at which notice   3,283        

may be given and shall notify the release authority in writing of  3,284        

any changes in that information.  If at any time the victim or     3,285        

victim's representative elects to waive notice and other rights    3,286        

afforded by this section, the victim or victim's representative    3,287        

may do so in a written statement to the release authority.         3,289        

      (B)  If a victim or victim's representative has requested    3,292        

notice of release reviews, pending release hearings, supervised    3,294        

release revocation hearings, and discharge reviews related to a    3,295        

child, of the placement of the child on supervised release, and    3,297        

of the discharge of the child, the release authority shall give    3,298        

that person notice of a release review, release hearing, or        3,299        

discharge review at least thirty days prior to the date of the     3,300        

review or hearing.  The notice shall specify the date, time, and   3,302        

place of the review or hearing, the right of the victim or                      

victim's representative to make an oral or written statement       3,303        

addressing the impact of the offense or delinquent act upon the    3,305        

victim or oral or written comments regarding the possible release  3,306        

or discharge, and, if the notice pertains to a hearing, the right  3,308        

to attend, and make the statements or comments at the hearing.     3,309        

Upon receiving notice that a release hearing is scheduled, a       3,310        

victim or victim's representative who intends to attend the                     

                                                          78     

                                                                 
release hearing, at least two days prior to the hearing, shall     3,312        

notify the release authority of the victim's or representative's   3,313        

intention to be present at the release hearing so that the         3,314        

release authority may ensure appropriate accommodations and        3,315        

security.  If the child is placed on supervised release or is      3,316        

discharged, the release authority shall provide notice of the      3,317        

release or discharge to the victim or victim's representative in   3,318        

accordance with division (G)(F) of section 5139.51 of the Revised  3,320        

Code.  If the child is on supervised release, if a court has       3,321        

scheduled a hearing pursuant to division (F) of section 5139.52    3,323        

of the Revised Code to consider the revocation of the supervised   3,324        

release, and if the release authority has been informed of the     3,325        

hearing, the release authority promptly shall notify the victim    3,326        

or victim's representative of the date, time, and place of the     3,327        

hearing.                                                                        

      (C)  If a victim or victim's representative has requested    3,330        

notice of release reviews, pending release hearings, supervised    3,331        

release revocation hearings, and discharge reviews related to a    3,332        

child, of the placement of the child on supervised release, and    3,334        

of the discharge of the child, and if a release review, release    3,335        

hearing, or discharge review is scheduled or pending, the release  3,337        

authority shall give that person an opportunity to provide a       3,339        

written statement or communicate orally with a representative of   3,340        

the release authority regarding the possible release or discharge  3,341        

or to make oral or written comments regarding the possible         3,342        

release or discharge to a representative of the release            3,343        

authority, regardless of whether the victim or victim's            3,344        

representative is present at a hearing on the matter.  If a        3,345        

victim or victim's representative is present at a release          3,346        

hearing, the authority shall give that person an opportunity to    3,347        

make the oral or written statement or comments at the hearing.     3,348        

The oral or written statement and comments may address the impact  3,349        

of the offense or delinquent act upon the victim, including the    3,350        

nature and extent of any harm suffered, the extent of any          3,351        

                                                          79     

                                                                 
property damage or economic loss, any restitution ordered by the   3,352        

committing court and the progress the child has made toward        3,353        

fulfillment of that obligation, and the victim's recommendation    3,354        

for the outcome of the release hearing.  A written statement or    3,355        

written comments submitted by a victim or a victim's               3,356        

representative under this section are confidential, are not a      3,357        

public record, and shall be returned to the release authority at   3,360        

the end of a release hearing by any person who receives a copy of  3,361        

them.                                                                           

      At a release hearing before the release authority, a victim  3,363        

or victim's representative may be accompanied by another person    3,364        

for support, but that person shall not act as a victim's           3,365        

representative.  The release authority and other employees of the  3,367        

department of youth services shall make reasonable efforts to      3,368        

minimize contact between the child and the victim, victim's                     

representative, or support person before, during, and after the    3,369        

hearing.  The release authority shall use a separate waiting area  3,371        

for the victim, victim's representative, and support person if a   3,372        

separate area is available.                                                     

      (D)  At no time shall a victim or victim's representative    3,375        

be compelled to disclose the victim's address, place of            3,376        

employment, or similar identifying information to the child or     3,377        

the child's parent or legal guardian.  Upon request of a victim    3,378        

or a victim's representative, the release authority shall keep in  3,379        

its files only the address or telephone number to which it shall   3,380        

send notice of a release review, pending release hearing,                       

supervised release revocation hearing, discharge review, grant of  3,381        

supervised release, or discharge.                                  3,382        

      (E)  No employer shall discharge, discipline, or otherwise   3,385        

retaliate against a victim or victim's representative for          3,386        

participating in a hearing before the release authority.  This     3,387        

division generally does not require an employer to compensate an   3,388        

employee for time lost as a result of attendance at a hearing      3,389        

before the release authority.                                                   

                                                          80     

                                                                 
      (F)  The release authority shall make reasonable, good       3,392        

faith efforts to comply with the provisions of this section.       3,393        

Failure of the release authority to comply with this section does  3,394        

not give rise to a claim for damages against the release           3,395        

authority and does not require modification of a final decision    3,396        

by the release authority.                                          3,397        

      (G)  If a victim is in the legal custody of the department   3,400        

of youth services and resides in a secure facility or in another   3,401        

secure residential program, including a community corrections      3,402        

facility, or is incarcerated, the release authority may modify     3,403        

the victim's rights under this section to prevent a security       3,404        

risk, hardship, or undue burden upon a public official or agency   3,405        

with a duty under this section.  If the victim resides in another  3,406        

state under similar circumstances, the release authority may make  3,407        

similar modifications of the victim's rights.                      3,408        

      Section 2.  That existing sections 2151.315, 2151.355,       3,410        

2151.38, 2901.07, 5139.01, 5139.02, 5139.04, 5139.05, 5139.18,     3,411        

5139.36, 5139.42, 5139.50, 5139.51, 5139.52, 5139.53, and 5139.56  3,413        

of the Revised Code are hereby repealed.                           3,414        

      Section 3.  Sections 1 and 2 of this act shall take effect   3,416        

on July 1, 1998, or the earliest date permitted by law, whichever  3,417        

is later.                                                          3,418        

      Section 4.  That section 2151.355 of the Revised Code, as    3,421        

amended by Am. Sub. S.B. 35 of the 122nd General Assembly, be                   

amended to read as follows:                                        3,423        

      Sec. 2151.355.  (A)  If a child is adjudicated a delinquent  3,433        

child, the court may make any of the following orders of           3,435        

disposition:                                                                    

      (1)  Any order that is authorized by section 2151.353 of     3,437        

the Revised Code;                                                  3,438        

      (2)  Place the child on probation under any conditions that  3,440        

the court prescribes.  If the child is adjudicated a delinquent    3,441        

child for violating section 2909.05, 2909.06, or 2909.07 of the    3,443        

Revised Code and if restitution is appropriate under the                        

                                                          81     

                                                                 
circumstances of the case, the court shall require the child to    3,444        

make restitution for the property damage caused by the child's     3,445        

violation as a condition of the child's probation.  If the child   3,447        

is adjudicated a delinquent child because the child violated any   3,448        

other section of the Revised Code, the court may require the       3,449        

child as a condition of the child's probation to make restitution  3,450        

for the property damage caused by the child's violation and for    3,451        

the value of the property that was the subject of the violation    3,452        

the child committed if it would be a theft offense, as defined in  3,453        

division (K) of section 2913.01 of the Revised Code, if committed  3,454        

by an adult.  The restitution may be in the form of a cash         3,455        

reimbursement paid in a lump sum or in installments, the           3,456        

performance of repair work to restore any damaged property to its  3,457        

original condition, the performance of a reasonable amount of      3,458        

labor for the victim approximately equal to the value of the       3,459        

property damage caused by the child's violation or to the value    3,460        

of the property that is the subject of the violation if it would   3,461        

be a theft offense if committed by an adult, the performance of    3,462        

community service or community work, any other form of             3,463        

restitution devised by the court, or any combination of the        3,464        

previously described forms of restitution.                                      

      If the child is adjudicated a delinquent child for           3,466        

violating a law of this state or the United States, or an          3,467        

ordinance or regulation of a political subdivision of this state,  3,468        

that would be a crime if committed by an adult or for violating    3,470        

division (A) of section 2923.211 of the Revised Code, the court,                

in addition to all other required or permissive conditions of      3,472        

probation that the court imposes upon the delinquent child         3,474        

pursuant to division (A)(2) of this section, shall require the     3,475        

child as a condition of the child's probation to abide by the law  3,476        

during the period of probation, including, but not limited to,     3,477        

complying with the provisions of Chapter 2923. of the Revised      3,478        

Code relating to the possession, sale, furnishing, transfer,       3,479        

disposition, purchase, acquisition, carrying, conveying, or use    3,480        

                                                          82     

                                                                 
of, or other conduct involving, a firearm or dangerous ordnance,   3,481        

as defined in section 2923.11 of the Revised Code.                 3,482        

      (3)  Commit the child to the temporary custody of any        3,484        

school, camp, institution, or other facility operated for the      3,486        

care of delinquent children by the county, by a district           3,487        

organized under section 2151.34 or 2151.65 of the Revised Code,    3,488        

or by a private agency or organization, within or without the      3,489        

state, that is authorized and qualified to provide the care,       3,490        

treatment, or placement required;                                               

      (4)  If the child is adjudicated a delinquent child for      3,492        

committing an act that would be a felony of the third, fourth, or  3,493        

fifth degree if committed by an adult or for violating division    3,495        

(A) of section 2923.211 of the Revised Code, commit the child to   3,496        

the legal custody of the department of youth services for          3,497        

institutionalization for an indefinite term consisting of a        3,498        

minimum period of six months and a maximum period not to exceed    3,499        

the child's attainment of twenty-one years of age;                 3,500        

      (5)(a)  If the child is adjudicated a delinquent child for   3,502        

violating section 2903.03, 2905.01, 2909.02, or 2911.01 or         3,503        

division (A) of section 2903.04 of the Revised Code or for         3,504        

violating any provision of section 2907.02 of the Revised Code     3,505        

other than division (A)(1)(b) of that section when the sexual      3,507        

conduct or insertion involved was consensual and when the victim                

of the violation of division (A)(1)(b) of that section was older   3,509        

than the delinquent child, was the same age as the delinquent      3,510        

child, or was less than three years younger than the delinquent    3,511        

child, commit the child to the legal custody of the department of  3,512        

youth services for institutionalization in a secure facility for   3,513        

an indefinite term consisting of a minimum period of one to three  3,514        

years, as prescribed by the court, and a maximum period not to     3,515        

exceed the child's attainment of twenty-one years of age;          3,516        

      (b)  If the child is adjudicated a delinquent child for      3,519        

violating section 2923.02 of the Revised Code and if the           3,520        

violation involves an attempt to commit a violation of section                  

                                                          83     

                                                                 
2903.01 or 2903.02 of the Revised Code, commit the child to the    3,522        

legal custody of the department of youth services for                           

institutionalization in a secure facility for an indefinite term   3,523        

consisting of a minimum period of six to seven years, as           3,524        

prescribed by the court, and a maximum period not to exceed the    3,525        

child's attainment of twenty-one years of age;                                  

      (c)  If the child is adjudicated a delinquent child for      3,527        

committing an act that is not described in division (A)(5)(a) or   3,528        

(b) of this section and that would be a felony of the first or     3,529        

second degree if committed by an adult, commit the child to the    3,530        

legal custody of the department of youth services for              3,531        

institutionalization in a secure facility for an indefinite term   3,532        

consisting of a minimum period of one year and a maximum period    3,533        

not to exceed the child's attainment of twenty-one years of age.   3,534        

      (6)  If the child is adjudicated a delinquent child for      3,536        

committing a violation of section 2903.01 or 2903.02 of the        3,537        

Revised Code, commit the child to the legal custody of the         3,539        

department of youth services for institutionalization in a secure  3,540        

facility until the child's attainment of twenty-one years of age;  3,541        

      (7)(a)  If the child is adjudicated a delinquent child for   3,544        

committing an act, other than a violation of section 2923.12 of    3,545        

the Revised Code, that would be a felony if committed by an adult  3,546        

and is committed to the legal custody of the department of youth   3,547        

services pursuant to division (A)(4), (5), or (6) of this section  3,548        

and if the court determines that the child, if the child was an    3,549        

adult, would be guilty of a specification of the type set forth    3,550        

in section 2941.141, 2941.144, 2941.145, or 2941.146 of the        3,551        

Revised Code in relation to the act for which the child was        3,552        

adjudicated a delinquent child, commit the child to the legal      3,553        

custody of the department of youth services for                                 

institutionalization in a secure facility for the following        3,554        

period of time, subject to division (A)(7)(b) of this section:     3,555        

      (i)  If the child would be guilty of a specification of the  3,557        

type set forth in section 2941.141 of the Revised Code, a period   3,558        

                                                          84     

                                                                 
of one year;                                                       3,559        

      (ii)  If the child would be guilty of a specification of     3,561        

the type set forth in section 2941.144, 2941.145, or 2941.146 of   3,562        

the Revised Code, a period of three years.                         3,563        

      (b)  The court shall not commit a child to the legal         3,566        

custody of the department of youth services pursuant to division   3,567        

(A)(7)(a) of this section for a period of time that exceeds three  3,568        

years.  The period of commitment imposed pursuant to division      3,569        

(A)(7)(a) of this section shall be in addition to, and shall be    3,570        

served consecutively with and prior to, a period of commitment     3,571        

ordered pursuant to division (A)(4), (5), or (6) of this section,  3,572        

provided that the total of all the periods of commitment shall     3,573        

not exceed the child's attainment of twenty-one years of age.      3,574        

      (8)(a)  Impose a fine and costs in accordance with the       3,577        

schedule set forth in section 2151.3512 of the Revised Code;                    

      (b)  Require the child to make restitution for all or part   3,579        

of the property damage caused by the child's delinquent act and    3,580        

for all or part of the value of the property that was the subject  3,581        

of any delinquent act the child committed that would be a theft    3,582        

offense, as defined in division (K) of section 2913.01 of the      3,583        

Revised Code, if committed by an adult.  If the court determines   3,584        

that the victim of the child's delinquent act was sixty-five       3,585        

years of age or older or permanently and totally disabled at the   3,586        

time of the commission of the act, the court, regardless of        3,587        

whether or not the child knew the age of the victim, shall         3,588        

consider that fact in favor of imposing restitution, but that      3,589        

fact shall not control the decision of the court.  The             3,590        

restitution may be in the form of a cash reimbursement paid in a   3,591        

lump sum or in installments, the performance of repair work to     3,592        

restore any damaged property to its original condition, the        3,593        

performance of a reasonable amount of labor for the victim, the    3,594        

performance of community service or community work, any other      3,595        

form of restitution devised by the court, or any combination of    3,596        

the previously described forms of restitution.                     3,597        

                                                          85     

                                                                 
      (9)  Subject to division (D) of this section, suspend or     3,600        

revoke the driver's license, probationary driver's license, or     3,601        

temporary instruction permit issued to the child or suspend or     3,602        

revoke the registration of all motor vehicles registered in the    3,603        

name of the child.  A child whose license or permit is so          3,604        

suspended or revoked is ineligible for issuance of a license or    3,605        

permit during the period of suspension or revocation.  At the end  3,606        

of the period of suspension or revocation, the child shall not be  3,607        

reissued a license or permit until the child has paid any          3,608        

applicable reinstatement fee and complied with all requirements    3,609        

governing license reinstatement.                                                

      (10)  If the child is adjudicated a delinquent child for     3,611        

committing an act that, if committed by an adult, would be a       3,613        

criminal offense that would qualify the adult as an eligible                    

offender pursuant to division (A)(3) of section 2929.23 of the     3,614        

Revised Code, impose a period of electronically monitored house    3,615        

detention in accordance with division (I) of this section that     3,617        

does not exceed the maximum sentence of imprisonment that could    3,618        

be imposed upon an adult who commits the same act;                 3,619        

      (11)  Commit the child to the temporary or permanent         3,621        

custody of the court;                                                           

      (12)  Make any further disposition that the court finds      3,623        

proper, except that the child shall not be placed in any of the    3,624        

following:                                                         3,625        

      (a)  A state correctional institution, a county,             3,628        

multicounty, or municipal jail or workhouse, or another OTHER      3,629        

place in which an adult convicted of a crime, under arrest, or     3,630        

charged with a crime is held;                                                   

      (b)  A community corrections facility, if the child would    3,633        

be covered by the definition of public safety beds for purposes    3,634        

of sections 5139.41 to 5139.45 of the Revised Code if the court    3,635        

exercised its authority to commit the child to the legal custody   3,636        

of the department of youth services for institutionalization or    3,637        

institutionalization in a secure facility pursuant to division     3,638        

                                                          86     

                                                                 
(A)(4), (5), or (6) of this section.  As used in division          3,639        

(A)(12)(b) of this section, "community corrections facility" and   3,640        

"public safety beds" have the same meanings as in section 5139.01  3,641        

of the Revised Code.                                               3,642        

      (B)(1)  If a child is adjudicated a delinquent child for     3,645        

violating section 2923.32 of the Revised Code, the court, in       3,646        

addition to any order of disposition it makes for the child under  3,647        

division (A) of this section, shall enter an order of criminal     3,648        

forfeiture against the child in accordance with divisions (B)(3),  3,649        

(4), (5), and (6) and (C) to (F) of section 2923.32 of the         3,650        

Revised Code.                                                                   

      (2)  If a child is adjudicated a delinquent child for        3,653        

committing two or more acts that would be felonies if committed                 

by an adult and if the court entering the delinquent child         3,654        

adjudication orders the commitment of the child, for two or more   3,655        

of those acts, to the legal custody of the department of youth     3,656        

services for institutionalization or institutionalization in a     3,657        

secure facility pursuant to division (A)(4), (5), or (6) of this   3,658        

section, the court may order that all of the periods of            3,659        

commitment imposed under those divisions for those acts be served  3,661        

consecutively in the legal custody of the department of youth      3,662        

services and, if applicable, be in addition to and commence        3,663        

immediately following the expiration of a period of commitment     3,664        

that the court imposes pursuant to division (A)(7) of this         3,665        

section.  A court shall not commit a delinquent child to the       3,666        

legal custody of the department of youth services under division   3,667        

(B)(2) of this section for a period that exceeds the child's       3,668        

attainment of twenty-one years of age.                                          

      (C)  If a child is adjudicated a delinquent child for        3,670        

committing an act that, if committed by an adult, would be a drug  3,672        

abuse offense, as defined in section 2925.01 of the Revised Code,  3,673        

or for violating division (B) of section 2917.11 of the Revised    3,674        

Code, in addition to imposing in its discretion any other order    3,675        

of disposition authorized by this section, the court shall do      3,676        

                                                          87     

                                                                 
both of the following:                                                          

      (1)  Require the child to participate in a drug abuse or     3,678        

alcohol abuse counseling program;                                  3,679        

      (2)  Suspend or revoke the temporary instruction permit,     3,681        

probationary driver's license, or driver's license issued to the   3,683        

child for a period of time prescribed by the court or, at the      3,684        

discretion of the court, until the child attends and               3,685        

satisfactorily completes, a drug abuse or alcohol abuse            3,687        

education, intervention, or treatment program specified by the     3,688        

court.  During the time the child is attending the program, the    3,689        

court shall retain any temporary instruction permit, probationary  3,690        

driver's license, or driver's license issued to the child, and     3,691        

the court shall return the permit or license when the child        3,692        

satisfactorily completes the program.                              3,693        

      (D)  If a child is adjudicated a delinquent child for        3,696        

violating section 2923.122 of the Revised Code, the court, in                   

addition to any order of disposition it makes for the child under  3,698        

division (A), (B), or (C) of this section, shall revoke the        3,700        

temporary instruction permit and deny the child the issuance of    3,701        

another temporary instruction permit in accordance with division   3,702        

(E)(1)(b) of section 2923.122 of the Revised Code or shall                      

suspend the probationary driver's license, restricted license, or  3,705        

nonresident operating privilege of the child or deny the child     3,706        

the issuance of a probationary driver's license, restricted        3,707        

license, or temporary instruction permit in accordance with        3,708        

division (E)(1)(a), (c), (d), or (e) of section 2923.122 of the    3,709        

Revised Code.                                                                   

      (E)(1)  At the dispositional hearing and prior to making     3,711        

any disposition pursuant to division (A) of this section, the      3,712        

court shall determine whether a victim of the delinquent act       3,713        

committed by the child was five years of age or younger at the     3,714        

time the delinquent act was committed, whether a victim of the     3,715        

delinquent act sustained physical harm to the victim's person      3,716        

during the commission of or otherwise as a result of the           3,717        

                                                          88     

                                                                 
delinquent act, whether a victim of the delinquent act was         3,718        

sixty-five years of age or older or permanently and totally        3,719        

disabled at the time the delinquent act was committed, and         3,720        

whether the delinquent act would have been an offense of violence  3,721        

if committed by an adult.  If the victim was five years of age or  3,722        

younger at the time the delinquent act was committed, sustained    3,723        

physical harm to the victim's person during the commission of or                

otherwise as a result of the delinquent act, or was sixty-five     3,724        

years of age or older or permanently and totally disabled at the   3,726        

time the act was committed, regardless of whether the child knew   3,727        

the age of the victim, and if the act would have been an offense   3,728        

of violence if committed by an adult, the court shall consider     3,729        

those facts in favor of imposing commitment under division         3,730        

(A)(3), (4), (5), or (6) of this section, but those facts shall    3,731        

not control the court's decision.                                               

      (2)  At the dispositional hearing and prior to making any    3,733        

disposition pursuant to division (A)(4), (5), or (6) of this       3,734        

section, the court shall determine whether the delinquent child    3,735        

previously has been adjudicated a delinquent child for a           3,736        

violation of a law or ordinance.  If the delinquent child          3,737        

previously has been adjudicated a delinquent child for a           3,738        

violation of a law or ordinance, the court, for purposes of                     

entering an order of disposition for the delinquent child under    3,739        

this section, shall consider the previous delinquent child         3,741        

adjudication as a conviction of a violation of the law or          3,742        

ordinance in determining the degree of offense the current                      

delinquent act would be had it been committed by an adult.         3,743        

      (F)(1)  When a juvenile court commits a delinquent child to  3,745        

the custody of the department of youth services pursuant to this   3,746        

section, the court shall not designate the specific institution    3,747        

in which the department is to place the child but instead shall    3,749        

specify that the child is to be institutionalized or that the      3,750        

institutionalization is to be in a secure facility if that is                   

required by division (A) of this section.                          3,751        

                                                          89     

                                                                 
      (2)  When a juvenile court commits a delinquent child to     3,753        

the custody of the department of youth services, the court shall   3,754        

provide the department with the child's medical records, a copy    3,755        

of the report of any mental examination of the child ordered by    3,757        

the court, the section or sections of the Revised Code violated    3,758        

by the child and the degree of the violation, the warrant to       3,759        

convey the child to the department, and a copy of the court's      3,760        

journal entry ordering the commitment of the child to the legal    3,761        

custody of the department, A COPY OF THE ARREST RECORD PERTAINING  3,762        

TO THE ACT FOR WHICH THE CHILD WAS ADJUDICATED A DELINQUENT        3,763        

CHILD, A COPY OF ANY VICTIM IMPACT STATEMENT PERTAINING TO THE     3,764        

ACT, AND ANY OTHER INFORMATION CONCERNING THE CHILD THAT THE                    

DEPARTMENT REASONABLY REQUESTS.  The court also shall complete     3,766        

the form for the standard predisposition DISPOSITION               3,767        

investigation report that is developed and furnished by the        3,768        

department of youth services pursuant to section 5139.04 of the    3,769        

Revised Code and provide the department with the completed form.   3,770        

The department may refuse to accept physical custody of a          3,771        

delinquent child who is committed to the legal custody of the      3,772        

department until the court provides to the department the          3,773        

documents specified in division (F)(2) of this section.  No        3,774        

officer or employee of the department who refuses to accept        3,775        

physical custody of a delinquent child who is committed to the     3,776        

legal custody of the department shall be subject to prosecution    3,777        

or contempt of court for the refusal if the court fails to         3,778        

provide the documents specified in division (F)(2) of this         3,779        

section at the time the court transfers the physical custody of    3,780        

the child to the department.                                                    

      (3)  Within five working days after the juvenile court       3,782        

commits a delinquent child to the custody of the department of     3,783        

youth services, the court shall provide the department with a      3,784        

copy of the arrest record pertaining to the act for which the      3,785        

child was adjudicated a delinquent child, a copy of any victim     3,786        

impact statement pertaining to that act, and any other             3,787        

                                                          90     

                                                                 
information concerning the child that the department reasonably    3,788        

requests.  Within twenty working days after the department of      3,789        

youth services receives physical custody of a delinquent child     3,790        

from a juvenile court, the court shall provide the department      3,791        

with a certified copy of the child's birth certificate or the      3,793        

child's social security number, or, if the court made all                       

reasonable efforts to obtain the information but was               3,794        

unsuccessful, the court shall provide the department with          3,795        

documentation of the efforts it made to obtain the information.    3,796        

      (4)  When a juvenile court commits a delinquent child to     3,798        

the custody of the department of youth services, the court shall   3,799        

give notice to the school attended by the child of the child's     3,800        

commitment by sending to that school a copy of the court's         3,801        

journal entry ordering the commitment.  As soon as possible after  3,802        

receipt of the notice described in this division, the school       3,803        

shall provide the department with the child's school transcript.   3,804        

However, the department shall not refuse to accept a child         3,805        

committed to it, and a child committed to it shall not be held in  3,806        

a county or district detention home, because of a school's         3,807        

failure to provide the school transcript that it is required to    3,808        

provide under division (F)(4) of this section.                     3,809        

      (5)  The department of youth services shall provide the      3,811        

court and the school with an updated copy of the child's school    3,812        

transcript and shall provide the court with a summary of the       3,813        

institutional record of the child when it releases the child from  3,814        

institutional care.  The department also shall provide the court   3,815        

with a copy of any portion of the child's institutional record     3,816        

that the court specifically requests within five working days of   3,817        

the request.                                                                    

      (6)  When a juvenile court commits a delinquent child to     3,819        

the custody of the department of youth services pursuant to        3,820        

division (A)(4) or (5) of this section, the court shall state in   3,821        

the order of commitment the total number of days that the child    3,822        

has been held, as of the date of the issuance of the order, in     3,823        

                                                          91     

                                                                 
detention in connection with the delinquent child complaint upon   3,824        

which the order of commitment is based.  The department shall      3,826        

reduce the minimum period of institutionalization or minimum       3,827        

period of institutionalization in a secure facility specified in   3,828        

division (A)(4) or (5) of this section by both the total number    3,829        

of days that the child has been so held in detention as stated by  3,830        

the court in the order of commitment and the total number of any   3,831        

additional days that the child has been held in detention          3,832        

subsequent to the order of commitment but prior to the transfer    3,833        

of physical custody of the child to the department.                             

      (G)(1)  At any hearing at which a child is adjudicated a     3,836        

delinquent child or as soon as possible after the hearing, the                  

court shall notify all victims of the delinquent act, who may be   3,837        

entitled to a recovery under any of the following sections, of     3,838        

the right of the victims to recover, pursuant to section 3109.09   3,839        

of the Revised Code, compensatory damages from the child's         3,840        

parents; of the right of the victims to recover, pursuant to       3,841        

section 3109.10 of the Revised Code, compensatory damages from     3,842        

the child's parents for willful and malicious assaults committed   3,843        

by the child; and of the right of the victims to recover an award  3,844        

of reparations pursuant to sections 2743.51 to 2743.72 of the      3,845        

Revised Code.                                                      3,846        

      (2)  If a child is adjudicated a delinquent child for        3,849        

committing an act that, if committed by an adult, would be         3,850        

aggravated murder, murder, rape, felonious sexual penetration in                

violation of former section 2907.12 of the Revised Code,           3,851        

involuntary manslaughter, a felony of the first or second degree   3,853        

resulting in the death of or physical harm to a person,            3,854        

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   3,855        

or was substantially equivalent to any of those offenses and if    3,856        

the court in its order of disposition for that act commits the     3,857        

child to the custody of the department of youth services, the      3,858        

court may make a specific finding that the adjudication should be  3,859        

                                                          92     

                                                                 
considered a conviction for purposes of a determination in the     3,860        

future, pursuant to Chapter 2929. of the Revised Code, as to       3,861        

whether the child is a repeat violent offender as defined in       3,862        

section 2929.01 of the Revised Code.  If the court makes a         3,863        

specific finding as described in this division, it shall include   3,864        

the specific finding in its order of disposition and in the        3,865        

record in the case.                                                             

      (H)(1)  If a child is adjudicated a delinquent child for     3,867        

committing an act that would be a felony if committed by an adult  3,869        

and if the child caused, attempted to cause, threatened to cause,  3,870        

or created the risk of physical harm to the victim of the act,     3,871        

the court, prior to issuing an order of disposition under this     3,872        

section, shall order the preparation of a victim impact statement  3,873        

by the probation department of the county in which the victim of   3,874        

the act resides, by the court's own probation department, or by a  3,875        

victim assistance program that is operated by the state, a         3,876        

county, a municipal corporation, or another governmental entity.   3,877        

The court shall consider the victim impact statement in            3,878        

determining the order of disposition to issue for the child.       3,879        

      (2)  Each victim impact statement shall identify the victim  3,881        

of the act for which the child was adjudicated a delinquent        3,882        

child, itemize any economic loss suffered by the victim as a       3,883        

result of the act, identify any physical injury suffered by the    3,884        

victim as a result of the act and the seriousness and permanence   3,885        

of the injury, identify any change in the victim's personal        3,886        

welfare or familial relationships as a result of the act and any   3,887        

psychological impact experienced by the victim or the victim's     3,888        

family as a result of the act, and contain any other information   3,889        

related to the impact of the act upon the victim that the court    3,890        

requires.                                                          3,891        

      (3)  A victim impact statement shall be kept confidential    3,893        

and is not a public record, as defined in section 149.43 of the    3,894        

Revised Code.  However, the court may furnish copies of the        3,895        

statement to the department of youth services pursuant to          3,896        

                                                          93     

                                                                 
division (F)(3) of this section or to both the adjudicated         3,897        

delinquent child or the adjudicated delinquent child's counsel     3,898        

and the prosecuting attorney.  The copy of a victim impact         3,900        

statement furnished by the court to the department pursuant to     3,901        

division (F)(3) of this section shall be kept confidential and is  3,902        

not a public record, as defined in section 149.43 of the Revised   3,903        

Code.  The copies of a victim impact statement that are made       3,904        

available to the adjudicated delinquent child or the adjudicated   3,905        

delinquent child's counsel and the prosecuting attorney pursuant   3,907        

to division (H)(3) of this section shall be returned to the court  3,910        

by the person to whom they were made available immediately         3,911        

following the imposition of an order of disposition for the child  3,912        

under this section.                                                             

      (I)(1)  As used in this division, "felony drug abuse         3,914        

offense" has the same meaning as in section 2925.01 of the         3,915        

Revised Code.                                                      3,916        

      (2)  Sections 2925.41 to 2925.45 of the Revised Code apply   3,918        

to children who are adjudicated or could be adjudicated by a       3,919        

juvenile court to be delinquent children for an act that, if       3,920        

committed by an adult, would be a felony drug abuse offense.       3,921        

Subject to division (B) of section 2925.42 and division (E) of     3,922        

section 2925.43 of the Revised Code, a delinquent child of that    3,923        

nature loses any right to the possession of, and forfeits to the   3,924        

state any right, title, and interest that the delinquent child     3,925        

may have in, property as defined in section 2925.41 and further    3,927        

described in section 2925.42 or 2925.43 of the Revised Code.       3,928        

      (J)(1)  As used in this section:                             3,930        

      (a)  "Electronic monitoring device," "certified electronic   3,932        

monitoring device," "electronic monitoring system," and            3,933        

"certified electronic monitoring system" have the same meanings    3,934        

as in section 2929.23 of the Revised Code.                         3,935        

      (b)  "Electronically monitored house detention" means a      3,937        

period of confinement of a child in the child's home or in other   3,938        

premises specified by the court, during which period of            3,940        

                                                          94     

                                                                 
confinement all of the following apply:                            3,941        

      (i)  The child wears, otherwise has attached to the child's  3,943        

person, or otherwise is subject to monitoring by a certified       3,944        

electronic monitoring device or is subject to monitoring by a      3,945        

certified electronic monitoring system.                            3,946        

      (ii)  The child is required to remain in the child's home    3,948        

or other premises specified by the court for the specified period  3,949        

of confinement, except for periods of time during which the child  3,950        

is at school or at other premises as authorized by the court.      3,951        

      (iii)  The child is subject to monitoring by a central       3,953        

system that monitors the certified electronic monitoring device    3,954        

that is attached to the child's person or that otherwise is being  3,955        

used to monitor the child and that can monitor and determine the   3,957        

child's location at any time or at a designated point in time, or  3,958        

the child is required to participate in monitoring by a certified  3,960        

electronic monitoring system.                                      3,961        

      (iv)  The child is required by the court to report           3,963        

periodically to a person designated by the court.                  3,964        

      (v)  The child is subject to any other restrictions and      3,966        

requirements that may be imposed by the court.                     3,967        

      (2)  A juvenile court, pursuant to division (A)(10) of this  3,969        

section, may impose a period of electronically monitored house     3,970        

detention upon a child who is adjudicated a delinquent child for   3,971        

committing an act that, if committed by an adult, would be a       3,972        

criminal offense that would qualify the adult as an eligible       3,973        

offender pursuant to division (A)(3) of section 2929.23 of the     3,974        

Revised Code.  The court may impose a period of electronically     3,975        

monitored house detention in addition to or in lieu of any other   3,976        

dispositional order imposed upon the child, except that any        3,977        

period of electronically monitored house detention shall not       3,978        

extend beyond the child's eighteenth birthday.  If a court         3,979        

imposes a period of electronically monitored house detention upon  3,980        

a child, it shall require the child to wear, otherwise have        3,981        

attached to the child's person, or otherwise be subject to         3,982        

                                                          95     

                                                                 
monitoring by a certified electronic monitoring device or to       3,984        

participate in the operation of and monitoring by a certified      3,985        

electronic monitoring system; to remain in the child's home or     3,986        

other specified premises for the entire period of electronically   3,988        

monitored house detention except when the court permits the child  3,989        

to leave those premises to go to school or to other specified      3,990        

premises; to be monitored by a central system that monitors the    3,991        

certified electronic monitoring device that is attached to the     3,992        

child's person or that otherwise is being used to monitor the      3,993        

child and that can monitor and determine the child's location at   3,994        

any time or at a designated point in time or to be monitored by    3,995        

the certified electronic monitoring system; to report              3,996        

periodically to a person designated by the court; and, in return   3,997        

for receiving a dispositional order of electronically monitored    3,998        

house detention, to enter into a written contract with the court   3,999        

agreeing to comply with all restrictions and requirements imposed  4,000        

by the court, agreeing to pay any fee imposed by the court for     4,001        

the costs of the electronically monitored house detention imposed  4,002        

by the court pursuant to division (E) of section 2929.23 of the    4,003        

Revised Code, and agreeing to waive the right to receive credit    4,004        

for any time served on electronically monitored house detention    4,005        

toward the period of any other dispositional order imposed upon    4,006        

the child for the act for which the dispositional order of         4,007        

electronically monitored house detention was imposed if the child  4,008        

violates any of the restrictions or requirements of the            4,009        

dispositional order of electronically monitored house detention.   4,010        

The court also may impose other reasonable restrictions and        4,011        

requirements upon the child.                                                    

      (3)  If a child violates any of the restrictions or          4,013        

requirements imposed upon the child as part of the child's         4,014        

dispositional order of electronically monitored house detention,   4,015        

the child shall not receive credit for any time served on          4,016        

electronically monitored house detention toward any other          4,017        

dispositional order imposed upon the child for the act for which   4,018        

                                                          96     

                                                                 
the dispositional order of electronically monitored house          4,020        

detention was imposed.                                                          

      (K)  Within ten days after completion of the adjudication,   4,022        

the court shall give written notice of an adjudication that a      4,023        

child is a delinquent child to the superintendent of a city,       4,024        

local, exempted village, or joint vocational school district if    4,025        

the basis of the adjudication was the commission of an act that    4,026        

would be a criminal offense if committed by an adult and that was  4,027        

committed by the delinquent child when the child was sixteen       4,028        

years of age or older and if the act is any of the following:      4,029        

      (1)  A violation of section 2923.122 of the Revised Code     4,031        

that relates to property owned or controlled by, or to an          4,032        

activity held under the auspices of, the board of education of     4,033        

that school district;                                              4,034        

      (2)  A violation of section 2923.12 of the Revised Code or   4,036        

of a substantially similar municipal ordinance that was committed  4,037        

on property owned or controlled by, or at an activity held under   4,038        

the auspices of, the board of education of that school district;   4,039        

      (3)  A violation of division (A) of section 2925.03 or       4,041        

2925.11 of the Revised Code that was committed on property owned   4,042        

or controlled by, or at an activity held under the auspices of,    4,043        

the board of education of that school district and that is not a   4,044        

minor drug possession offense as defined in section 2925.01 of     4,045        

the Revised Code;                                                               

      (4)  A violation of section 2903.01, 2903.02, 2903.03,       4,047        

2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised      4,049        

Code, or a violation of former section 2907.12 of the Revised                   

Code, that was committed on property owned or controlled by, or    4,050        

at an activity held under the auspices of, the board of education  4,051        

of that school district, if the victim at the time of the          4,053        

commission of the act was an employee of the board of education    4,054        

of that school district;                                                        

      (5)  Complicity in any violation described in division       4,056        

(K)(1), (2), (3), or (4) of this section that was alleged to have  4,058        

                                                          97     

                                                                 
been committed in the manner described in division (K)(1), (2),    4,059        

(3), or (4) of this section, regardless of whether the act of      4,061        

complicity was committed on property owned or controlled by, or    4,062        

at an activity held under the auspices of, the board of education  4,063        

of that school district.                                           4,064        

      (L)  During the period of a delinquent child's probation     4,066        

granted under division (A)(2) of this section, authorized          4,069        

probation officers who are engaged within the scope of their       4,070        

supervisory duties or responsibilities may search, with or         4,071        

without a warrant, the person of the delinquent child, the place                

of residence of the delinquent child, and a motor vehicle,         4,072        

another item of tangible or intangible personal property, or       4,073        

other real property in which the delinquent child has a right,     4,074        

title, or interest or for which the delinquent child has the       4,075        

express or implied permission of a person with a right, title, or  4,076        

interest to use, occupy, or possess if the probation officers      4,077        

have reasonable grounds to believe that the delinquent child is    4,078        

not abiding by the law or otherwise is not complying with the      4,079        

conditions of the delinquent child's probation.  The court that    4,080        

places a delinquent child on probation under division (A)(2) of    4,081        

this section shall provide the delinquent child with a written     4,082        

notice that informs the delinquent child that authorized           4,083        

probation officers who are engaged within the scope of their       4,084        

supervisory duties or responsibilities may conduct those types of  4,086        

searches during the period of probation if they have reasonable                 

grounds to believe that the delinquent child is not abiding by     4,087        

the law or otherwise is not complying with the conditions of the   4,088        

delinquent child's probation.  The court also shall provide the    4,089        

written notice described in division (C)(2)(b) of section          4,090        

2151.411 of the Revised Code to each parent, guardian, or                       

custodian of the delinquent child who is described in division     4,091        

(C)(2)(a) of that section.                                         4,092        

      Section 5.  That all existing versions of section 2151.355   4,094        

of the Revised Code are hereby repealed.                           4,095        

                                                          98     

                                                                 
      Section 6.  Sections 4 and 5 of this act shall take effect   4,097        

on January 1, 1999.                                                4,098        

      Section 7.  Sections 2151.355, 5139.01, and 5139.04 of the   4,100        

Revised Code are each presented in Section 1 of this act as a      4,102        

composite of the section as amended by both Am. Sub. H.B. 1 and    4,103        

Am. Sub. H.B. 215 of the 122nd General Assembly, with the new      4,104        

language of neither of the acts shown in capital letters.          4,105        

Section 5139.18 of the Revised Code is presented in this act as a  4,107        

composite of the section as amended by both Am. Sub. H.B. 1 and    4,108        

Sub. H.B. 408 of the 122nd General Assembly, with the new          4,109        

language of neither of the acts shown in capital letters.  This    4,110        

is in recognition of the principle stated in division (B) of       4,111        

section 1.52 of the Revised Code that such amendments are to be    4,112        

harmonized where not substantively irreconcilable and constitutes  4,113        

a legislative finding that such is the resulting version in        4,114        

effect prior to the effective date of this act.                    4,115