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.
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(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
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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
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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
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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
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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
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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
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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
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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
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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
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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