As Introduced 1
123rd General Assembly 4
Regular Session H.B. No. 3 5
1999-2000 6
REPRESENTATIVES EVANS-GARDNER-WILLAMOWSKI-JOLIVETTE-PADGETT- 8
MAIER-TAYLOR-MOTTLEY-VAN VYVEN-TERWILLEGER-PRINGLE-MYERS- 9
CALLENDER-HAINES-SALERNO 10
11
A B I L L
To amend sections 109.42, 2151.38, 2930.01, 2930.02, 13
2930.05 to 2930.07, and 2930.09 to 2930.19 of the 14
Revised Code relative to rights of victims in 15
delinquency proceedings. 16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That sections 109.42, 2151.38, 2930.01, 20
2930.02, 2930.05, 2930.06, 2930.07, 2930.09, 2930.10, 2930.11, 21
2930.12, 2930.13, 2930.14, 2930.15, 2930.16, 2930.17, 2930.18, 22
and 2930.19 of the Revised Code be amended to read as follows: 23
Sec. 109.42. (A) The attorney general shall prepare and 31
have printed a pamphlet that contains a compilation of all 32
statutes relative to victim's rights in which the attorney 33
general lists and explains the statutes in the form of a victim's 35
bill of rights. The attorney general shall distribute the 36
pamphlet to all sheriffs, marshals, municipal corporation and 38
township police departments, constables, and other law 39
enforcement agencies, to all prosecuting attorneys, city 40
directors of law, village solicitors, and other similar chief 41
legal officers of municipal corporations, and to organizations 42
that represent or provide services for victims of crime. The 43
victim's bill of rights set forth in the pamphlet shall contain a 44
description of all of the rights of victims that are provided for 45
in Chapter 2930. or in any other section of the Revised Code and 46
shall include, but not be limited to, all of the following: 47
2
(1) The right of a victim or a victim's representative to 50
attend a proceeding before a grand jury, in a juvenile case, or 51
in a criminal case pursuant to a subpoena without being 52
discharged from the victim's or representative's employment, 53
having the victim's or representative's employment terminated, 54
having the victim's or representative's pay decreased or 55
withheld, or otherwise being punished, penalized, or threatened 56
as a result of time lost from regular employment because of the 57
victim's or representative's attendance at the proceeding 59
pursuant to the subpoena, as set forth in section 2151.211, 60
2930.18, 2939.121, or 2945.451 of the Revised Code;
(2) The potential availability pursuant to section 62
2151.411 of the Revised Code of a forfeited recognizance to pay 63
damages caused by a child when the delinquency of the child or 64
child's violation of probation is found to be proximately caused 65
by the failure of the child's parent or guardian to subject the 66
child to reasonable parental authority or to faithfully discharge 67
the conditions of probation; 68
(3) The availability of awards of reparations pursuant to 70
sections 2743.51 to 2743.72 of the Revised Code for injuries 71
caused by criminal offenses; 72
(4) The right of the victim in certain criminal OR 74
JUVENILE cases or a victim's representative to receive, pursuant 76
to section 2930.06 of the Revised Code, notice of the date, time, 77
and place of the trial OR DELINQUENCY PROCEEDING in the case or, 78
if there will not be a trial OR DELINQUENCY PROCEEDING, 79
information from the prosecutor, as defined in section 2930.01 of 81
the Revised Code, regarding the disposition of the case;
(5) The right of the victim in certain criminal OR 83
JUVENILE cases or a victim's representative to receive, pursuant 84
to section 2930.04, 2930.05, or 2930.06 of the Revised Code, 85
notice of the name of the person charged with the violation, the 86
case or docket number assigned to the charge, and a telephone 87
number or numbers that can be called to obtain information about 88
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the disposition of the case;
(6) The right of the victim in certain criminal OR 90
JUVENILE cases or of the victim's representative pursuant to 93
section 2930.13 or 2930.14 of the Revised Code, subject to any 94
reasonable terms set by the court as authorized under section 95
2930.14 of the Revised Code, to make a statement about the 97
victimization and, if applicable, a statement relative to the 98
sentencing OR DISPOSITION of the offender; 100
(7) The opportunity to obtain a court order, pursuant to 102
section 2945.04 of the Revised Code, to prevent or stop the 103
commission of the offense of intimidation of a crime victim or 104
witness or an offense against the person or property of the 105
complainant, or of the complainant's ward or child; 106
(8) The right of the victim in certain criminal OR 108
JUVENILE cases or a victim's representative pursuant to sections 110
2151.38, 2929.20, 2930.10, 2930.16, and 2930.17 of the Revised 112
Code to receive notice of a pending motion for judicial release
OR EARLY RELEASE of the person who committed the offense against 115
the victim and to make an oral or written statement at the court 116
hearing on the motion;
(9) The right of the victim in certain criminal OR 118
JUVENILE cases or a victim's representative, pursuant to section 119
2930.16, 2967.12, or 2967.26, OR 5139.56 of the Revised Code, to 121
receive notice of any pending commutation, pardon, parole, 122
transitional control, DISCHARGE, other form of authorized 123
release, or post-release control, OR SUPERVISED RELEASE for the 124
person who committed the offense against the victim or any 125
application for release of that person and to send a written 127
statement relative to the victimization and the pending action to 128
the adult parole authority OR THE RELEASE AUTHORITY OF THE 129
DEPARTMENT OF YOUTH SERVICES; 130
(10) The right of the victim to bring a civil action 132
pursuant to sections 2969.01 to 2969.06 of the Revised Code to 133
obtain money from the offender's profit fund; 134
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(11) The right, pursuant to section 3109.09 of the Revised 137
Code, to maintain a civil action to recover compensatory damages
not exceeding ten thousand dollars and costs from the parent of a 139
minor who willfully damages property through the commission of an 140
act that would be a theft offense, as defined in section 2913.01 141
of the Revised Code, if committed by an adult;
(12) The right, pursuant to section 3109.10 of the Revised 143
Code, to maintain a civil action to recover compensatory damages 144
not exceeding ten thousand dollars and costs from the parent of a 145
minor who willfully and maliciously assaults a person; 146
(13) The possibility of receiving restitution from an 148
offender or a delinquent child pursuant to section 2151.355, 149
2929.18, or 2929.21 of the Revised Code; 150
(14) The right of the victim in certain criminal OR 152
JUVENILE cases or a victim's representative, pursuant to section 153
2930.16 of the Revised Code, to receive notice of the escape from 155
confinement or custody of the person who committed the offense, 156
to receive that notice from the custodial agency of the person at 157
the victim's last address or telephone number provided to the 158
custodial agency, and to receive notice that, if either the 159
victim's address or telephone number changes, it is in the 160
victim's interest to provide the new address or telephone number 161
to the custodial agency.; 162
(15) The right of a victim of domestic violence to seek 164
the issuance of a temporary protection order pursuant to section 166
2919.26 of the Revised Code, to seek the issuance of a civil 167
protection order pursuant to section 3113.31 of the Revised Code, 168
and to be accompanied by a victim advocate during court
proceedings.; 169
(16) The right of a victim of a sexually oriented offense 172
that is committed by a person who is adjudicated as being a 173
sexual predator or, in certain cases, by a person who is 174
determined to be a habitual sex offender to receive, pursuant to 175
section 2950.10 of the Revised Code, notice that the offender has 177
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registered with a sheriff under section 2950.04 or 2950.05 of the 178
Revised Code and notice of the offender's name and residence 179
address or addresses, and a summary of the manner in which the 180
victim must make a request to receive the notice. As used in 181
this division, "sexually oriented offense," "adjudicated as being 182
a sexual predator," and "habitual sex offender" have the same 183
meanings as in section 2950.01 of the Revised Code. 184
(17) The right of a victim of certain sexually violent 186
offenses committed by a sexually violent predator who is 187
sentenced to a prison term pursuant to division (A)(3) of section 189
2971.03 of the Revised Code to receive, pursuant to section 190
2930.16 of the Revised Code, notice of a hearing to determine 191
whether to modify the requirement that the offender serve the 192
entire prison term in a state correctional facility, whether to 193
continue, revise, or revoke any existing modification of that 194
requirement, or whether to terminate the prison term. As used in 195
this division, "sexually violent offense" and "sexually violent 196
predator" have the same meanings as in section 2971.01 of the 197
Revised Code.
(B)(1)(a) Subject to division (B)(1)(c) of this section, a 199
prosecuting attorney, assistant prosecuting attorney, city 201
director of law, assistant director of law, village solicitor, 202
assistant village solicitor, or similar chief legal officer of a 203
municipal corporation or an assistant of any such officer OF 204
THOSE OFFICERS who prosecutes an offense committed in this state, 205
upon first contact with the victim of the offense, the victim's 206
family, or the victim's dependents, shall give the victim, the 208
victim's family, or the victim's dependents a copy of the 209
pamphlet prepared pursuant to division (A) of this section and 210
explain, upon request, the information in the pamphlet to the
victim, the victim's family, or the victim's dependents. 211
(b) Subject to division (B)(1)(c) of this section, a law 213
enforcement agency that investigates an offense OR DELINQUENT ACT 216
committed in this state shall give the victim of the offense OR 218
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DELINQUENT ACT, the victim's family, or the victim's dependents a 220
copy of the pamphlet prepared pursuant to division (A) of this 221
section at one of the following times: 222
(i) Upon first contact with the victim, the victim's 224
family, or the victim's dependents; 225
(ii) If the offense OR DELINQUENT ACT is an offense of 227
violence, if the circumstances of the offense OR DELINQUENT ACT 229
and the condition of the victim, the victim's family, or the 231
victim's dependents indicate that the victim, the victim's 232
family, or the victim's dependents will not be able to understand 233
the significance of the pamphlet upon first contact with the 234
agency, and if the agency anticipates that it will have an 235
additional contact with the victim, the victim's family, or the 236
victim's dependents, upon the agency's second contact with the 237
victim, the victim's family, or the victim's dependents. 238
If the agency does not give the victim, the victim's 240
family, or the victim's dependents a copy of the pamphlet upon 241
first contact with them and does not have a second contact with 242
the victim, the victim's family, or the victim's dependents, the 244
agency shall mail a copy of the pamphlet to the victim, the 245
victim's family, or the victim's dependents at their last known 246
address. 247
(c) In complying on and after December 9, 1994, with the 249
duties imposed by division (B)(1)(a) or (b) of this section, an 251
official or a law enforcement agency shall use copies of the 252
pamphlet that are in the official's or agency's possession on 253
December 9, 1994, until the official or agency has distributed 255
all of those copies. After the official or agency has 256
distributed all of those copies, the official or agency shall use 257
only copies of the pamphlet that contain at least the information 258
described in division (A)(1) to (15)(17) of this section. 259
(2) The failure of a law enforcement agency or of a 261
prosecuting attorney, assistant prosecuting attorney, director of 262
law, assistant director of law, village solicitor, assistant 263
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village solicitor, or similar chief legal officer of a municipal 264
corporation or an assistant to any such officer OF THOSE OFFICERS 266
to give, as required by division (B)(1) of this section, the 268
victim of an offense OR DELINQUENT ACT, the victim's family, or 270
the victim's dependents a copy of the pamphlet prepared pursuant
to division (A) of this section does not give the victim, the 271
victim's family, the victim's dependents, or a victim's 272
representative any rights under section 122.95, 2743.51 to 275
2743.72, 2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 276
3109.10 of the Revised Code or under any other provision of the 277
Revised Code and does not affect any right under those sections. 278
(3) A law enforcement agency, a prosecuting attorney or 280
assistant prosecuting attorney, or a director of law, assistant 281
director of law, village solicitor, assistant village solicitor, 282
or similar chief legal officer of a municipal corporation that 283
distributes a copy of the pamphlet prepared pursuant to division 284
(A) of this section shall not be required to distribute a copy of 285
an information card or other printed material provided by the 286
clerk of the court of claims pursuant to section 2743.71 of the 287
Revised Code.
(C) The cost of printing and distributing the pamphlet 289
prepared pursuant to division (A) of this section shall be paid 290
out of the reparations fund, created pursuant to section 2743.191 291
of the Revised Code, in accordance with division (D) of that 292
section. 293
(D) As used in this section: 295
(1) "Victim's representative" has the same meaning as in 297
section 2930.01 of the Revised Code; 298
(2) "Victim advocate" has the same meaning as in section 301
2919.26 of the Revised Code.
Sec. 2151.38. (A) When a child is committed to the legal 310
custody of the department of youth services, the jurisdiction of 311
the juvenile court with respect to the child so committed shall 312
cease and terminate at the time of commitment, except as provided 313
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in divisions (B), (C), and (G) of this section. Subject to 315
divisions (B) and (C) of this section, sections 2151.353 and 316
2151.411 to 2151.421 of the Revised Code, and any other provision 317
of law that specifies a different duration for a dispositional 319
order, all other dispositional orders made by the court shall be 320
temporary and shall continue for a period that is designated by 321
the court in its order, until terminated or modified by the court 322
or until the child attains twenty-one years of age.
The release authority of the department shall not release 325
the child from institutional care or institutional care in a 326
secure facility and as a result shall not discharge the child or 328
order the child's release on supervised release prior to the 329
expiration of the prescribed minimum period of 331
institutionalization or institutionalization in a secure facility 332
or prior to the child's attainment of twenty-one years of age, 334
whichever is applicable under the order of commitment, except
upon the order of a court pursuant to division (B) or (C) of this 338
section or in accordance with section 5139.54 of the Revised 340
Code. 341
(B)(1) If the department of youth services desires to 343
release a child during the first half of the prescribed minimum 344
term for which the child was committed to the department or, if 345
the child was committed to the department until the child attains 347
twenty-one years of age, during the first half of the prescribed 348
period of commitment that begins on the first day of commitment 349
and ends on the child's twenty-first birthday, it shall request 351
the court that committed the child to the department for a
judicial release of the child from institutional care or 352
institutional care in a secure facility. During the first half 354
of that prescribed minimum term or of that prescribed period of
commitment, whichever of those periods is applicable, the child 355
or the parents of the child also may request that court to grant 356
a judicial release of the child from institutional care or 357
institutional care in a secure facility. Upon receipt of a 358
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request for a judicial release from the department, the child, or 359
the child's parent or upon its own motion, the court that 360
committed the child shall approve the judicial release from 361
institutional care or institutional care in a secure facility by 362
journal entry, shall schedule within twenty days after the 363
request is received a time for a hearing on whether the child is 364
to be released under a judicial release, or shall reject the 365
request by journal entry without conducting a hearing. If the 367
court rejects an initial request for a judicial release by the 368
child or the child's parent, the child or the child's parent may 369
make one additional request for a judicial release within the 371
first half of the applicable prescribed minimum term or 372
prescribed period of commitment. The child or the child's parent 373
may make the additional request no earlier than thirty days after 374
the filing of the prior request for a judicial release. Upon the 375
filing by the child or the child's parent of a second request for 377
a judicial release, the court shall either approve or disapprove
the judicial release by journal entry or schedule within twenty 380
days after the request is received a time for a hearing on
whether the child is to be released under a judicial release. 381
(2) If a court schedules a hearing under division (B)(1) 385
of this section to determine whether a child should be granted a 386
judicial release, it THE COURT SHALL GIVE NOTICE OF THE HEARING 387
TO THE PROSECUTOR INVOLVED IN THE CASE. IN ACCORDANCE WITH 388
SECTION 2930.16 OF THE REVISED CODE AND IF THE VICTIM HAS 390
REQUESTED NOTIFICATION, THE PROSECUTOR SHALL GIVE NOTICE OF THE 391
HEARING TO THE VICTIM OF THE DELINQUENT ACT FOR WHICH THE CHILD'S 393
COMMITMENT TO THE LEGAL CUSTODY OF THE DEPARTMENT WAS IMPOSED.
THE COURT may order the department to deliver the child to the 395
court on the date set for the hearing and may order the 396
department to present to the court a report on the child's 397
progress in the institution to which the child was committed and 398
recommendations for terms and conditions of supervision of the 399
child by the court after release. The court may conduct the 400
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hearing without the child being present. THE COURT SHALL 401
CONSIDER ANY STATEMENT OF A VICTIM MADE PURSUANT TO SECTION 402
2930.14 OR 2930.17 OF THE REVISED CODE AND ANY VICTIM IMPACT 404
STATEMENT PREPARED PURSUANT TO SECTION 2151.355 OF THE REVISED 407
CODE. The court shall determine at the hearing whether the child 408
should be granted a judicial release from institutionalization or
institutionalization in a secure facility. AFTER MAKING A 409
DETERMINATION, THE COURT SHALL NOTIFY THE VICTIM OF THE 411
DETERMINATION IN ACCORDANCE WITH SECTIONS 2930.03 AND 2930.16 OF 412
THE REVISED CODE. If the court approves the judicial release, 414
the court shall order its staff to prepare a written treatment 415
and rehabilitation plan for the child that may include any terms 416
and conditions of the child's release that were recommended by 417
the department and approved by the court. The committing court 418
shall send the juvenile court of the county in which the child is 419
placed a copy of the recommended plan and the terms and 420
conditions set by the committing court. The court of the county 422
in which the child is placed may adopt the recommended terms and 423
conditions set by the committing court as an order of the court 424
and may add any additional consistent terms and conditions it 425
considers appropriate. If a child is granted a judicial release, 426
the judicial release discharges the child from the custody of the
department of youth services. 427
(C)(1) If a child is committed to the department of youth 429
services and has been in institutional care or institutional care 430
in a secure facility for more than one-half of the prescribed 431
minimum term for which the child was committed or, if the child 432
was committed to the department until the child attains 433
twenty-one years of age, for more than one-half of the prescribed 434
period of commitment that begins on the first day of commitment 435
and ends on the child's twenty-first birthday, if the prescribed 436
minimum period of institutionalization or other statutorily 438
required period of institutionalization has not expired, and if 439
the department of youth services desires to release the child 441
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from institutional care or institutional care in a secure 442
facility, it shall request the court that committed the child for 443
an early release from institutional care or institutional care in 444
a secure facility.
During the applicable period commencing upon the expiration 446
of the first half of that prescribed minimum term or prescribed 448
period of commitment and ending upon the expiration of the 450
required minimum or other period of institutionalization or 451
institutionalization in a secure facility, the child or the 453
child's parent also may request the court that committed the 454
child to grant an early release. Upon the receipt of a request 455
from the department, the child, or the child's parent or upon its 456
own motion at any time during that period, the court shall 457
approve the early release by journal entry, shall schedule a time 458
within thirty days after receipt of the request for a hearing on 459
whether the child is to be released, or shall reject the request 461
by journal entry without conducting a hearing. If the court 462
rejects an initial request for early release by the child or the 463
child's parents, within the period prescribed in division (C)(1) 464
of this section, the child or the child's parent may make one or 465
more subsequent requests for early release but may make no more 466
than one request for early release during each period of ninety 467
days that the child is institutionalized or institutionalized in 468
a secure facility after the filing of a prior request for early 469
release. Upon the filing of a request for early release 470
subsequent to an initial request, the court shall either approve 471
or disapprove the early release by journal entry or schedule a 472
time within thirty days after receipt of the request for a 473
hearing on whether the child is to be released. 474
(2) If a court schedules a hearing under division (C)(1) 477
of this section to determine whether a child committed to the 478
department should be granted an early release, it THE COURT SHALL 479
GIVE NOTICE OF THE HEARING TO THE PROSECUTOR INVOLVED IN THE 480
CASE. IN ACCORDANCE WITH SECTION 2930.16 OF THE REVISED CODE AND 482
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IF THE VICTIM HAS REQUESTED NOTIFICATION, THE PROSECUTOR SHALL 483
GIVE NOTICE OF THE HEARING TO THE VICTIM OF THE DELINQUENT ACT 484
FOR WHICH THE CHILD'S COMMITMENT TO THE LEGAL CUSTODY OF THE 485
DEPARTMENT WAS IMPOSED. THE COURT may order the department to 486
deliver the child to the court on the date set for the hearing 487
and shall order the department to present to the court at that 488
time a treatment plan for the child's post-institutional care. 489
The court may conduct the hearing without the child being 490
present. THE COURT SHALL CONSIDER ANY STATEMENT OF A VICTIM MADE 491
PURSUANT TO SECTION 2930.14 OR 2930.17 OF THE REVISED CODE AND 494
ANY VICTIM IMPACT STATEMENT PREPARED PURSUANT TO SECTION 2151.355 495
OF THE REVISED CODE. The court shall determine at the hearing 498
whether the child should be granted an early release from 500
institutionalization or institutionalization in a secure
facility. AFTER MAKING A DETERMINATION, THE COURT SHALL NOTIFY 501
THE VICTIM OF THE DETERMINATION IN ACCORDANCE WITH SECTIONS 502
2930.03 AND 2930.16 OF THE REVISED CODE. If the court approves 504
the early release, the department shall prepare a written 505
treatment and rehabilitation plan for the child pursuant to 506
division (E) of this section that shall include the terms and 508
conditions of the child's release. It shall send the committing 509
court and the juvenile court of the county in which the child is 510
placed a copy of the plan and the terms and conditions that it 511
fixed. The court of the county in which the child is placed may 512
adopt the terms and conditions set by the department as an order 513
of the court and may add any additional consistent terms and 515
conditions it considers appropriate, provided that the court may 516
not add any term or condition that decreases the level or degree 517
of supervision specified by the department in its plan, that 518
substantially increases the financial burden of supervision that 519
will be experienced by the department, or that alters the 520
placement specified by the department in its plan. If the court 521
of the county in which the child is placed adds to the 522
department's plan any additional terms and conditions, it shall 523
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enter those additional terms and conditions in its journal and 524
shall send to the department a copy of the journal entry of the 525
additional terms and conditions. 526
(3) If the court approves or grants an early release for a 529
child under division (C)(1) or (2) of this section, the actual 531
date on which the department of youth services shall release the 532
child from institutional care or institutional care in a secure 533
facility is contingent upon the department finding a suitable 534
placement for the child. If the child is to be returned to the 535
child's home, the department shall return the child to the home 536
on the date that the court schedules for the child's release or 537
shall bear the expense of any additional time that the child 538
remains in institutional care or institutional care in a secure 539
facility. If the child is unable to return to the child's home, 540
the department shall exercise reasonable diligence in finding a 541
suitable placement for the child, and the child shall remain in 542
institutional care or institutional care in a secure facility 543
while the department finds the suitable placement. 544
(D) If a child is released under division (B) or (C) of 547
this section and the court of the county in which the child is 548
placed has reason to believe that the child's deportment is not 549
in accordance with the post-release terms and conditions of the 551
child's judicial release or early release, the court of the 552
county in which the child is placed shall schedule a time for a 553
hearing to determine whether the child violated any of the 555
post-release terms and conditions, and, if the child was released 556
under division (C) of this section, divisions (A) to (E) of 557
section 5139.52 of the Revised Code apply regarding the child. 558
If that court determines at the hearing that the child violated 560
any of the post-release terms and conditions, the court, if it 561
determines that the violation of the terms and conditions was a 563
serious violation, may order the child to be returned to the 564
department for institutionalization or institutionalization in a 565
secure facility, consistent with the original order of commitment 566
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of the child, or in any case may make any other disposition of 567
the child authorized by law that the court considers proper. If 568
the court of the county in which the child is placed orders the 569
child to be returned to a department of youth services 570
institution, the time during which the child was 571
institutionalized or institutionalized in a secure facility prior 572
to the child's judicial release or early release shall be 574
considered as time served in fulfilling the prescribed minimum 575
period or prescribed period of institutionalization or
institutionalization in a secure facility that is applicable to 577
the child under the child's original order of commitment. If the 578
court orders the child returned to a department of youth services 579
institution, the child shall remain in institutional care for a 580
minimum period of three months or until the child successfully 581
completes a revocation program of a duration of not less than 583
thirty days operated either by the department or by an entity 584
with whom the department has contracted to provide a revocation 586
program.
(E) The department of youth services, prior to the release 588
of a child pursuant to division (C) of this section, shall do all 590
of the following:
(1) After reviewing the child's rehabilitative progress 592
history and medical and educational records, prepare a written 593
treatment and rehabilitation plan for the child that shall 594
include terms and conditions of the release; 595
(2) Completely discuss the terms and conditions of the 597
plan prepared pursuant to division (E)(1) of this section and the 599
possible penalties for violation of the plan with the child and 600
the child's parents, guardian, or legal custodian; 601
(3) Have the plan prepared pursuant to division (E)(1) of 604
this section signed by the child, the child's parents, legal 605
guardian, or custodian, and any authority or person that is to 607
supervise, control, and provide supportive assistance to the 608
child at the time of the child's release pursuant to division (C) 609
15
of this section; 610
(4) File a copy of the treatment plan prepared pursuant to 612
division (E)(1) of this section, prior to the child's release, 614
with the committing court and the juvenile court of the county in 615
which the child is to be placed. 616
(F) The department of youth services shall file a written 618
progress report with the committing court regarding each child 619
released pursuant to division (C) of this section, at least once 621
every thirty days unless specifically directed otherwise by the 622
court. The report shall indicate the treatment and 623
rehabilitative progress of the child and the child's family, if
applicable, and shall include any suggestions and recommendations 624
for alteration of the program, custody, living arrangements, or 625
treatment. The department shall retain legal custody of a child 626
so released until it discharges the child or until the custody is 627
terminated as otherwise provided by law. 628
(G)(1) As used in division (G)(2) of this section, 632
"release authority" and "supervised release" have the same 633
meanings as in section 5139.01 of the Revised Code. 634
(2) When a child is committed to the legal custody of the 636
department of youth services, the court retains jurisdiction to 637
perform the functions specified in section 5139.51 of the Revised 639
Code with respect to the granting of supervised release by the 641
release authority and to perform the functions specified in 642
section 5139.52 of the Revised Code with respect to violations of 645
the terms and conditions of supervised release granted by the
release authority and to the revocation of supervised release 647
granted by the release authority.
Sec. 2930.01. As used in this chapter: 656
(A)(1) "Crime" means, subject to division (A)(2) of this 659
section, any of the following:
(a) A felony; 661
(b) A violation of section 2903.05, 2903.07, 2903.13, 663
2903.21, 2903.211, 2903.22, 2907.06, 2919.25, or 2921.04 of the 664
16
Revised Code or a violation of a substantially equivalent 665
municipal ordinance; 666
(c) AN ACT COMMITTED BY A CHILD THAT IF COMMITTED BY AN 668
ADULT WOULD BE A FELONY; 669
(d) AN ACT COMMITTED BY A CHILD THAT IS A VIOLATION OF A 671
SECTION LISTED IN DIVISION (A)(1)(b) OF THIS SECTION OR IS A 672
VIOLATION OF A SUBSTANTIALLY EQUIVALENT MUNICIPAL ORDINANCE. 673
(2) "Crime" does not mean an act for which an adjudication 676
hearing is or may be held in a juvenile court AS USED IN 677
DIVISIONS (A)(1)(c) AND (d) OF THIS SECTION, "CHILD" HAS THE SAME 679
MEANING AS IN SECTION 2151.011 OF THE REVISED CODE. 681
(B) "Custodial agency" means the ONE OF THE FOLLOWING: 683
(1) THE entity that has custody of a defendant who is 686
incarcerated for a crime or who is detained after a finding of 687
incompetence to stand trial or not guilty by reason of insanity
relative to a crime, including any of the following: 689
(1)(a) The department of rehabilitation and correction or 691
the adult parole authority; 693
(2)(b) A county sheriff; 695
(3)(c) The entity that administers a jail, as defined in 697
section 2929.01 of the Revised Code; 699
(4)(d) The entity that administers a community-based 701
correctional facility and program or a district community-based 703
correctional facility and program; 704
(5)(e) The department of mental health or other entity to 708
which a defendant found incompetent to stand trial or not guilty 709
by reason of insanity is committed.
(2) THE ENTITY THAT HAS CUSTODY OF A DEFENDANT PURSUANT TO 712
AN ORDER OF DISPOSITION OF A JUVENILE COURT, INCLUDING THE 713
DEPARTMENT OF YOUTH SERVICES OR A SCHOOL, CAMP, INSTITUTION, OR 714
OTHER FACILITY OPERATED FOR THE CARE OF DELINQUENT CHILDREN. 715
(C) "Defendant" means a ONE OF THE FOLLOWING: 717
(1) A person who is alleged to be the perpetrator of a 719
crime in a police report or in a complaint, indictment, or 722
17
information that charges the commission of a crime and that 723
provides the basis for the criminal prosecution and subsequent 724
proceedings to which this chapter makes reference;
(2) A CHILD WHO IS ALLEGED TO HAVE COMMITTED A CRIME IN A 727
POLICE REPORT OR IN A COMPLAINT IN JUVENILE COURT THAT CHARGES 728
THE COMMISSION OF A CRIME AND THAT PROVIDES THE BASIS FOR THE 729
DELINQUENCY PROCEEDING AND ALL SUBSEQUENT PROCEEDINGS TO WHICH
THIS CHAPTER MAKES REFERENCE. 731
(D) "Member of the victim's family" means a spouse, child, 733
stepchild, sibling, parent, stepparent, grandparent, or other 734
relative of a victim but does not include a person who is charged 736
with or, convicted of, OR ADJUDICATED TO BE A DELINQUENT CHILD 737
FOR the crime against the victim or another crime arising from 738
the same conduct, criminal episode, or plan. 739
(E) "Prosecutor" has MEANS ONE OF THE FOLLOWING: 741
(1) WITH RESPECT TO A CRIMINAL CASE, IT HAS the same 743
meaning as in section 2935.01 of the Revised Code and also 745
includes the attorney general and, when appropriate, the 746
employees of any person listed in section 2935.01 of the Revised 747
Code or of the attorney general. 748
(2) WITH RESPECT TO A DELINQUENCY PROCEEDING, IT INCLUDES 750
ANY PERSON LISTED IN DIVISION (C) OF SECTION 2935.01 OF THE 752
REVISED CODE OR AN EMPLOYEE OF A PERSON LISTED IN THAT DIVISION 753
WHO PROSECUTES A DELINQUENCY PROCEEDING. 754
(F) "Public agency" means an office, agency, department, 756
bureau, or other governmental entity of the state or of a 758
political subdivision of the state.
(G) "Public official" has the same meaning as in section 760
2921.01 of the Revised Code. 761
(H) "Victim" means a person who is identified as the 763
victim of a crime in a police report or in a complaint, 764
indictment, or information that charges the commission of a crime 765
and that provides the basis for the criminal prosecution OR 767
DELINQUENCY PROCEEDING and subsequent proceedings to which this 768
18
chapter makes reference. 769
(I) "Victim's representative" means a member of the 771
victim's family or another person who pursuant to the authority 772
of section 2930.02 of the Revised Code exercises the rights of a 773
victim under this chapter.
(J) "COURT" MEANS A COURT OF COMMON PLEAS, JUVENILE COURT, 775
MUNICIPAL COURT, OR COUNTY COURT. 776
(K) "DELINQUENCY PROCEEDING" MEANS ALL PROCEEDINGS IN A 778
JUVENILE COURT THAT ARE RELATED TO A CASE IN WHICH A COMPLAINT 779
HAS BEEN FILED ALLEGING THAT A CHILD IS A DELINQUENT CHILD. 780
(L) "CASE" MEANS A DELINQUENCY PROCEEDING AND ALL RELATED 782
ACTIVITY OR A CRIMINAL PROSECUTION AND ALL RELATED ACTIVITY. 783
(M) THE "DEFENSE" MEANS THE DEFENSE AGAINST CRIMINAL 785
CHARGES IN A CRIMINAL PROSECUTION OR THE DEFENSE AGAINST A 786
DELINQUENT CHILD COMPLAINT IN A DELINQUENCY PROCEEDING. 787
(N) THE "PROSECUTION" MEANS THE PROSECUTION OF CRIMINAL 789
CHARGES IN A CRIMINAL PROSECUTION OR THE PROSECUTION OF A 790
DELINQUENT CHILD COMPLAINT IN A DELINQUENCY PROCEEDING. 791
Sec. 2930.02. (A) If a victim is a minor or is 800
incapacitated, incompetent, or deceased, or if the victim chooses 801
to designate another person, a member of a victim's family or 802
another person may exercise the rights of the victim under this 803
chapter as the victim's representative. 804
If more than one person seeks to act as the victim's 806
representative for a particular victim, the court in which the 808
crime CRIMINAL PROSECUTION OR DELINQUENCY PROCEEDING is
prosecuted HELD shall designate one of those persons as the 809
victim's representative. If a victim does not want to have 811
anyone act as the victim's representative, the court shall order 812
that only the victim may exercise the rights of a victim under 813
this chapter.
(B) If pursuant to division (A) of this section a victim's 815
representative is to exercise the rights of a victim, the victim 817
or victim's representative shall notify the prosecutor that the 818
19
victim's representative is to act for the victim. When a victim 819
or victim's representative has so notified the prosecutor, all 820
notice under this chapter shall be sent only to the victim's 821
representative, all rights under this chapter shall be granted 822
only to the victim's representative, and all references in this 823
chapter to a victim shall be interpreted as being references to 824
the victim's representative unless the victim informs the
notifying authority that the victim also wishes to receive the 825
notices or exercise the rights. If division (B) of section 826
2930.03 of the Revised Code requires a victim to make a request 827
in order to receive any notice of a type described in this 828
division and if a victim's representative is to exercise the 829
rights of the victim, the victim's representative shall make the 830
request.
Sec. 2930.05. (A) Within a reasonable period of time 839
after the arrest of a defendant for a crime, the law enforcement 840
agency that investigates the crime shall give the victim of the 841
crime notice of all of the following: 842
(1) The arrest; 844
(2) The name of the defendant; 846
(3) Whether the defendant is eligible for pretrial release 849
OR FOR RELEASE FROM DETENTION;
(4) The telephone number of the law enforcement agency; 852
(5) The victim's right to telephone the agency to 855
ascertain whether the defendant has been released from custody OR 856
FROM DETENTION. 857
(B) If a defendant has been released from custody on a 860
bond or personal recognizance OR HAS BEEN RELEASED FROM DETENTION 861
and the prosecutor in the case has received the affidavit of a 862
victim stating that the defendant, or someone acting at the 863
defendant's direction, has committed or threatened to commit one 864
or more acts of violence or intimidation against the victim, the 865
victim's family, or the victim's representative, the prosecutor 866
may file a motion asking the court to reconsider the conditions 868
20
of the bond or personal recognizance granted to the defendant OR 869
TO CONSIDER RETURNING THE DEFENDANT TO DETENTION. 870
Sec. 2930.06. (A) The prosecutor in a case, to the extent 879
practicable, shall confer with the victim in the case before 880
pretrial diversion is granted to the defendant in the case, 881
before amending or dismissing an indictment, information, or 883
complaint against that defendant, before agreeing to a negotiated 884
plea for that defendant, or before a trial of that defendant by 885
judge or jury, OR BEFORE THE JUVENILE COURT CONDUCTS AN 886
ADJUDICATORY HEARING FOR THAT DEFENDANT. If the prosecutor fails 887
to confer with the victim at any of those times, the court, if 888
informed of the failure, shall note on the record the failure and 889
the prosecutor's reasons for the failure. A prosecutor's failure 890
to confer with a victim as required by this division does not 891
affect the validity of an agreement between the prosecutor and 893
the defendant in the case, a pretrial diversion of the defendant,
an amendment or dismissal of an indictment, information, or 894
complaint filed against the defendant, a plea entered by the 895
defendant, AN ADMISSION ENTERED BY THE DEFENDANT, or any other 897
disposition in the case. A court shall not dismiss a criminal 899
complaint, charge, information, or indictment OR A DELINQUENT
CHILD COMPLAINT solely at the request of the victim and over the 901
objection of the prosecuting attorney, village solicitor, city 902
director of law, or other chief legal officer responsible for the 903
prosecution of the case.
(B) After a prosecution in a case has been commenced, the 905
prosecutor or a designee of the prosecutor other than a court or 907
court employee, to the extent practicable, promptly shall give 908
the victim all of the following information:
(1) The name of the offense CRIME with which the defendant 910
in the case has been charged and the name of the defendant; 911
(2) The file number of the case; 913
(3) A brief statement regarding the procedural steps in a 915
criminal case PROSECUTION OR DELINQUENCY PROCEEDING involving an 917
21
offense A CRIME similar to the offense CRIME with which the 919
defendant has been charged and the right of the victim to be 920
present during all proceedings held throughout the prosecution of 921
a THE case;
(4) A summary of the rights of a victim under this 923
chapter; 924
(5) Procedures the victim or the prosecutor may follow if 926
the victim becomes subject to threats or intimidation by the 928
defendant or any other person; 929
(6) The name and business telephone number of a person to 931
contact for further information with respect to the case; 932
(7) The right of the victim to have a victim's 934
representative exercise the victim's rights under this chapter in 935
accordance with section 2930.02 of the Revised Code and the 936
procedure by which a victim's representative may be designated; 937
(8) Notice that any notification under division (C) of 940
this section and, sections 2930.07 to 2930.19, AND SECTION 941
5139.56 of the Revised Code will be given to the victim only if 942
the victim asks to receive the notification. 943
(C) Upon the request of the victim, the prosecutor shall 945
give the victim notice of the date, time, and place of any 946
scheduled court CRIMINAL OR JUVENILE proceedings in the case and 947
notice of any changes in those proceedings or in the schedule in 949
the case.
(D) A victim who requests notice under division (C) of 952
this section and who elects pursuant to division (B) of section
2930.03 of the Revised Code to receive any further notice from 954
the prosecutor under this chapter shall keep the prosecutor 955
informed of the victim's current address and telephone number 956
until the case is dismissed or terminated, the defendant is 957
acquitted or sentenced, THE DELINQUENT CHILD COMPLAINT IS
DISMISSED, THE DEFENDANT IS ADJUDICATED A DELINQUENT CHILD, or 958
the appellate process is completed, whichever is the final 960
disposition in the case.
22
Sec. 2930.07. (A) If the prosecutor in a case determines 969
that there are reasonable grounds for the victim in a case to be 970
apprehensive regarding acts or threats of violence or 971
intimidation by the defendant in the case or at the defendant's 972
direction against the victim, the victim's family, or the 973
victim's representative, the prosecutor may file a motion with 974
the court requesting that the court issue an order specifying 975
that the victim and other witnesses in the case not be compelled 977
in any phase of the criminal OR DELINQUENCY proceeding to give 979
testimony that would disclose the victim's or victim's
representative's address, place of employment, or similar 981
identifying fact without the victim's or victim's 982
representative's consent. The court shall hold a hearing on the 983
motion in chambers, and a court reporter shall make a record of 985
the proceeding.
(B) If the court, pursuant to division (A) of this 987
section, orders that the victim's or victim's representative's 988
address, telephone number, place of employment, or other 989
identifying fact shall be confidential, the court files or 990
documents shall not contain that information unless it is used to
identify the location of the crime. The hearing shall be 991
recorded, and the court shall order the transcript sealed. 992
Sec. 2930.09. A victim in a case may be present whenever 1,001
the defendant in the case is present during any stage of the case 1,003
against the defendant that is conducted on the record, other than 1,004
a grand jury proceeding, unless the court determines that 1,005
exclusion of the victim is necessary to protect the defendant's 1,006
right to a fair trial OR TO A FAIR DELINQUENCY PROCEEDING. At 1,007
any stage of the case at which the victim is present, the court, 1,008
at the victim's request, shall permit the victim to be 1,009
accompanied by an individual to provide support to the victim 1,010
unless the court determines that exclusion of the individual is 1,011
necessary to protect the defendant's right to a fair trial OR TO 1,012
A FAIR DELINQUENCY PROCEEDING.
23
Sec. 2930.10. (A) The court in which a criminal case 1,021
PROSECUTION OR DELINQUENCY PROCEEDING is prosecuted HELD shall 1,023
make a reasonable effort to minimize any contact between the 1,024
victim in the case, members of the victim's family, the victim's 1,025
representative, or witnesses for the prosecution and the 1,026
defendant in the case, members of the defendant's family, or
witnesses for the defense before, during, and immediately after 1,027
all court proceedings. 1,028
(B) The court shall provide a waiting area for the victim, 1,030
members of the victim's family, the victim's representative, or 1,031
witnesses for the prosecution that is separate from the waiting 1,032
area provided for the defendant, members of the defendant's 1,034
family, and defense witnesses if a separate waiting area is
available and the use of the area is practical. 1,035
Sec. 2930.11. (A) Except as otherwise provided in this 1,045
section or in sections 2933.41 to 2933.43 of the Revised Code,
the law enforcement agency responsible for investigating a crime 1,046
shall promptly return to the victim of the crime any property of 1,048
the victim that was taken in the course of the investigation. In 1,049
accordance with Criminal Rule 26 OR AN APPLICABLE JUVENILE RULE, 1,050
the law enforcement agency may take photographs of the property 1,051
for use as evidence. If the ownership of the property is in 1,052
dispute, the agency shall not return the property until the 1,053
dispute is resolved.
(B) The law enforcement agency responsible for 1,055
investigating a crime shall retain any property of the victim of 1,056
the crime that is needed as evidence in the case, including any 1,057
weapon used in the commission of the crime, if the prosecutor 1,058
certifies to the court a need to retain the property in lieu of a 1,059
photograph of the property or of another evidentiary substitute 1,060
for the property itself. 1,061
(C) If the defendant in a case files a motion requesting 1,064
the court to order the law enforcement agency to retain property 1,065
of the victim because the property is needed for the defense in 1,066
24
the case, the agency shall retain the property until the court 1,067
rules on the motion. The court, in making a determination on the 1,068
motion, shall weigh the victim's need for the property against 1,069
the defendant's assertion that the property has evidentiary value 1,070
for the defense. The court shall rule on the motion in a timely 1,071
fashion.
Sec. 2930.12. At the request of the victim in a case 1,081
CRIMINAL PROSECUTION, the prosecutor shall give the victim notice 1,082
of the defendant's acquittal or conviction. AT THE REQUEST OF 1,083
THE VICTIM IN A DELINQUENCY PROCEEDING, THE PROSECUTOR SHALL GIVE 1,085
THE VICTIM NOTICE OF THE DISMISSAL OF THE COMPLAINT AGAINST THE 1,086
DEFENDANT OR OF THE ADJUDICATION OF THE DEFENDANT AS A DELINQUENT 1,087
CHILD. If the defendant is convicted OR IS ADJUDICATED A 1,088
DELINQUENT CHILD, the notice shall include all of the following: 1,090
(A) The crimes of which the defendant was convicted OR FOR 1,092
WHICH THE DEFENDANT WAS ADJUDICATED A DELINQUENT CHILD; 1,093
(B) The address and telephone number of the probation 1,095
office or other person, if any, that is to prepare a presentence 1,097
investigation report pursuant to section 2951.03 of the Revised 1,098
Code or Criminal Rule 32.2, and the address and telephone number 1,100
of the person, if any, who is to prepare a victim impact 1,101
statement pursuant to DIVISION (H) OF SECTION 2151.355 OF THE 1,102
REVISED CODE OR section 2947.051 of the Revised Code; 1,104
(C) Notice that the victim may make a statement about the 1,106
impact of the offense CRIME to the probation officer or other 1,107
person, if any, who prepares the presentence investigation report 1,109
or to the person, if any, who prepares a victim impact statement, 1,111
that a statement of the victim included in the report will be 1,113
made available to the defendant unless the court exempts it from 1,114
disclosure, and that the court may make the victim impact
statement available to the defendant; 1,115
(D) Notice of the victim's right under section 2930.14 of 1,118
the Revised Code to make a statement about the impact of the 1,119
offense CRIME before sentencing OR DISPOSITION; 1,120
25
(E) The date, time, and place of the sentencing hearing OR 1,122
DISPOSITIONAL HEARING; 1,123
(F) ONE OF THE FOLLOWING: 1,125
(1) Any sentence imposed upon the defendant and any 1,127
subsequent modification of that sentence, including modification 1,129
under section 2929.20 of the Revised Code or as a result of the 1,130
defendant's appeal of the sentence pursuant to section 2953.08 of 1,131
the Revised Code;
(2) ANY DISPOSITION ORDERED FOR THE DEFENDANT AND ANY 1,133
SUBSEQUENT MODIFICATION OF THAT DISPOSITION, INCLUDING JUDICIAL 1,135
RELEASE OR EARLY RELEASE IN ACCORDANCE WITH SECTION 2151.38 OF 1,136
THE REVISED CODE. 1,138
Sec. 2930.13. (A) If the court orders the preparation of 1,147
a victim impact statement pursuant to section 2151.355 OR 1,148
2947.051 of the Revised Code, the victim in the case may make a 1,150
written or oral statement regarding the impact of the offense 1,151
CRIME to the person whom the court orders to prepare the victim 1,153
impact statement. A statement made by the victim under this 1,154
section shall be included in the victim impact statement. 1,155
(B) If a probation officer or other person is preparing a 1,157
presentence investigation report pursuant to section 2947.06 or 1,158
2951.03 of the Revised Code or Criminal Rule 32.2 concerning the 1,159
defendant in the case, the victim may make a written or oral 1,161
statement regarding the impact of the offense CRIME to the 1,162
probation officer or other person. The probation officer or 1,163
other person shall use the statement in preparing the presentence 1,165
investigation report and, upon the victim's request, shall 1,166
include a written statement submitted by the victim in the 1,167
presentence investigation report.
(C) A statement made by the victim under division (A) or 1,169
(B) of this section may include the following: 1,170
(1) An explanation of the nature and extent of any 1,172
physical, psychological, or emotional harm suffered by the victim 1,173
as a result of the crime that is the basis of the case; 1,174
26
(2) An explanation of the extent of any property damage or 1,176
other economic loss suffered by the victim as a result of that 1,178
crime;
(3) An opinion regarding the extent to which, if any, the 1,180
victim needs restitution for harm caused by the defendant as a 1,181
result of that crime and information about whether the victim has 1,183
applied for or received any compensation for loss or damage 1,184
caused by that crime;
(4) The victim's recommendation for an appropriate 1,186
sanction OR DISPOSITION for the defendant regarding that crime. 1,187
(D) If a statement made by a victim under division (A) of 1,190
this section is included in a victim impact statement, the 1,191
provision, receipt, and retention of copies of, the use of, and 1,192
the confidentiality, nonpublic record character, and sealing of 1,193
the victim impact statement is governed by DIVISION (H) OF 1,194
SECTION 2151.355 OR BY division (C) of section 2947.051 of the 1,195
Revised Code, AS APPROPRIATE. If a statement made by a victim 1,197
under division (B) of this section is included in a presentence
investigation report prepared pursuant to section 2947.06 or 1,198
2951.03 of the Revised Code or Criminal Rule 32.2, the provision, 1,201
receipt, and retention of copies of, the use of, and the
confidentiality, nonpublic record character, and sealing of the 1,202
presentence investigation report that contains the victim's 1,203
statement is governed by section 2951.03 of the Revised Code. 1,204
Sec. 2930.14. (A) Before imposing sentence upon, OR 1,213
ENTERING AN ORDER OF DISPOSITION FOR, a defendant for the 1,214
commission of a crime, the court shall permit the victim of the 1,216
crime to make a statement. The court may give copies of any 1,217
written statement made by a victim to the defendant and
defendant's counsel and may give any written statement made by 1,218
the defendant to the victim and the prosecutor. The court may 1,219
redact any information contained in a written statement that the 1,220
court determines is not relevant to and will not be relied upon 1,221
in the sentencing OR DISPOSITION decision. The written statement 1,222
27
of the victim or of the defendant is confidential and is not a 1,223
public record as used in section 149.43 of the Revised Code. Any 1,224
person to whom a copy of a written statement was released by the 1,225
court shall return it to the court immediately following 1,226
sentencing OR DISPOSITION.
(B) The court shall consider a victim's statement made 1,228
under division (A) of this section along with other factors that 1,230
the court is required to consider in imposing sentence OR IN 1,231
DETERMINING THE ORDER OF DISPOSITION. If the statement includes 1,232
new material facts, the court shall not rely on the new material 1,234
facts unless it continues the sentencing OR DISPOSITIONAL 1,235
proceeding or takes other appropriate action to allow the 1,237
defendant an adequate opportunity to respond to the new material 1,238
facts.
Sec. 2930.15. (A) If a defendant is convicted of 1,247
committing a crime against a victim OR IS ADJUDICATED A 1,248
DELINQUENT CHILD FOR COMMITTING A CRIME AGAINST A VICTIM, if the 1,249
victim requests notice of the filing of an appeal, and if the 1,250
defendant files an appeal, the prosecutor in the case promptly 1,251
shall notify the victim of the appeal. The prosecutor also shall 1,252
give the victim all of the following information: 1,253
(1) A brief explanation of the appellate process, 1,255
including the possible disposition of the case; 1,256
(2) Whether the defendant has been released on bail or 1,258
other recognizance OR UNDER CONDITIONS IMPOSED BY THE JUVENILE 1,259
COURT pending the disposition of the appeal; 1,260
(3) The time, place, and location of appellate court 1,262
proceedings and any subsequent changes in the time, place, or 1,263
location of those proceedings;
(4) The result of the appeal. 1,265
(B) If the appellate court returns the defendant's case to 1,268
the trial court OR JUVENILE COURT for further proceedings, the 1,269
victim may exercise all the rights that previously were available 1,270
to the victim in the trial court OR THE JUVENILE COURT. 1,271
28
Sec. 2930.16. (A) If a defendant is incarcerated, a 1,281
victim in a case who has requested to receive notice under this
section shall be given notice of the incarceration of the 1,282
defendant. IF A DEFENDANT IS COMMITTED TO THE TEMPORARY CUSTODY 1,283
OF A SCHOOL, CAMP, INSTITUTION, OR OTHER FACILITY OPERATED FOR 1,284
THE CARE OF DELINQUENT CHILDREN OR TO THE LEGAL CUSTODY OF THE 1,285
DEPARTMENT OF YOUTH SERVICES, A VICTIM IN A CASE WHO HAS 1,286
REQUESTED TO RECEIVE NOTICE UNDER THIS SECTION SHALL BE GIVEN 1,287
NOTICE OF THE COMMITMENT. Promptly after sentence is imposed 1,289
upon the defendant OR THE COMMITMENT OF THE DEFENDANT IS ORDERED, 1,290
the prosecutor in the case shall notify the victim of the date on 1,291
which the defendant will be released from confinement OR CUSTODY 1,292
or the prosecutor's reasonable estimate of that date. The 1,294
prosecutor also shall notify the victim of the name of the 1,295
custodial agency of the defendant and tell the victim how to 1,296
contact that custodial agency. IF THE CUSTODIAL AGENCY IS THE 1,297
DEPARTMENT OF YOUTH SERVICES, THE PROSECUTOR SHALL NOTIFY THE 1,298
VICTIM OF THE SERVICES PROVIDED BY THE OFFICE OF VICTIMS' 1,299
SERVICES WITHIN THE RELEASE AUTHORITY OF THE DEPARTMENT PURSUANT 1,300
TO SECTION 5139.55 OF THE REVISED CODE AND THE VICTIM'S RIGHT 1,302
PURSUANT TO SECTION 5139.56 OF THE REVISED CODE TO SUBMIT A 1,305
WRITTEN REQUEST TO THE RELEASE AUTHORITY TO BE NOTIFIED OF 1,306
ACTIONS THE RELEASE AUTHORITY TAKES WITH RESPECT TO THE 1,307
DEFENDANT. The victim shall keep the custodial agency informed 1,308
of the victim's current address and telephone number. 1,309
(B)(1) Upon the victim's request, the prosecutor promptly 1,311
shall notify the victim of any hearing for judicial release of 1,313
the defendant pursuant to section 2929.20 of the Revised Code OR 1,314
OF ANY HEARING FOR JUDICIAL RELEASE OR EARLY RELEASE OF THE 1,315
DEFENDANT PURSUANT TO SECTION 2151.38 OF THE REVISED CODE and of 1,316
the victim's right to make a statement under that section THOSE 1,317
SECTIONS. The court shall notify the victim of its ruling in 1,319
each of those hearings and on each of those applications. 1,320
(2) Upon the request of a victim of a crime that is a 1,322
29
sexually violent offense and that is committed by a sexually 1,323
violent predator who is sentenced to a prison term pursuant to 1,324
division (A)(3) of section 2971.03 of the Revised Code, the 1,325
prosecutor promptly shall notify the victim of any hearing to be 1,326
conducted pursuant to section 2971.05 of the Revised Code to 1,327
determine whether to modify the requirement that the offender 1,328
serve the entire prison term in a state correctional facility in 1,329
accordance with division (C) of that section, whether to 1,331
continue, revise, or revoke any existing modification of that 1,332
requirement, or whether to terminate the prison term in
accordance with division (D) of that section. The court shall 1,334
notify the victim of any order issued at the conclusion of the 1,335
hearing. As used in this division, "sexually violent offense" 1,337
and "sexually violent predator" have the same meanings as in 1,338
section 2971.01 of the Revised Code.
(C) Upon the victim's request made at any time before the 1,340
particular notice would be due, the custodial agency of a 1,341
defendant shall give the victim any of the following notices that 1,343
is applicable:
(1) At least three weeks before the adult parole authority 1,345
recommends a pardon or commutation of sentence for the defendant 1,347
or at least three weeks prior to a hearing before the adult 1,348
parole authority regarding a grant of parole to the defendant, 1,349
notice of the victim's right to submit a statement regarding the 1,350
impact of the defendant's release in accordance with section 1,351
2967.12 of the Revised Code and, if applicable, of the victim's 1,352
right to appear at a full board hearing of the parole board to
give testimony as authorized by section 5149.101 of the Revised 1,353
Code;
(2) At least three weeks before the defendant is 1,355
transferred to transitional control under section 2967.26 of the 1,358
Revised Code, notice of the pendency of the transfer and of the 1,361
victim's right under that section to submit a statement regarding 1,362
the impact of the transfer;
30
(3) AT LEAST THIRTY DAYS BEFORE THE RELEASE AUTHORITY OF 1,364
THE DEPARTMENT OF YOUTH SERVICES HOLDS A RELEASE REVIEW, RELEASE 1,365
HEARING, OR DISCHARGE REVIEW FOR THE DEFENDANT, NOTICE OF THE 1,366
PENDENCY OF THE REVIEW OR HEARING, OF THE VICTIM'S RIGHT TO MAKE 1,367
AN ORAL OR WRITTEN STATEMENT REGARDING THE IMPACT OF THE CRIME 1,368
UPON THE VICTIM OR REGARDING THE POSSIBLE RELEASE OR DISCHARGE, 1,369
AND, IF THE NOTICE PERTAINS TO A HEARING, OF THE VICTIM'S RIGHT 1,370
TO ATTEND AND MAKE STATEMENTS OR COMMENTS AT THE HEARING AS 1,371
AUTHORIZED BY SECTION 5139.56 OF THE REVISED CODE; 1,374
(4) Prompt notice of the defendant's escape from a 1,377
facility of the custodial agency in which the defendant was 1,378
incarcerated OR IN WHICH THE DEFENDANT WAS PLACED AFTER
COMMITMENT, of the defendant's absence without leave from a 1,379
mental health or mental retardation and developmental 1,381
disabilities facility or from other custody, and of the capture 1,382
of the defendant after an escape or absence; 1,383
(4)(5) Notice of the defendant's death while in 1,385
CONFINEMENT OR custody; 1,386
(5)(6) Notice of the defendant's release from confinement 1,388
OR CUSTODY and the terms and conditions of the release. 1,391
Sec. 2930.17. (A) In determining whether to grant a 1,400
judicial release to a defendant from a prison term pursuant to 1,401
section 2929.20 of the Revised Code at a time before the 1,402
defendant's stated prison term expires OR IN DETERMINING WHETHER 1,404
TO GRANT A JUDICIAL RELEASE OR EARLY RELEASE TO A DEFENDANT FROM 1,405
A COMMITMENT TO THE DEPARTMENT OF YOUTH SERVICES PURSUANT TO 1,406
SECTION 2151.38 OF THE REVISED CODE, the court shall permit a 1,408
victim of a crime for which the defendant was incarcerated OR 1,409
COMMITTED to make a statement, in addition to any other statement 1,410
made under this chapter, concerning the effects of that crime on 1,411
the victim, the circumstances surrounding the crime, the manner 1,412
in which the crime was perpetrated, and the victim's opinion 1,413
whether the defendant should be released. The victim may make 1,414
the statement in writing or orally, at the court's discretion. 1,415
31
The court shall give the defendant and EITHER the adult parole 1,416
authority OR THE DEPARTMENT OF YOUTH SERVICES, WHICHEVER IS 1,418
APPLICABLE, a copy of any written impact statement made by the 1,419
victim under this division. 1,420
(B) In deciding whether to grant a judicial release OR 1,422
EARLY RELEASE to the defendant, the court shall consider a 1,424
statement made by the victim under division (A) of this section 1,425
or section 2930.14 or 2947.051 of the Revised Code. 1,426
Sec. 2930.18. No employer of a victim shall discharge, 1,435
discipline, or otherwise retaliate against the victim, a member 1,436
of the victim's family, or a victim's representative for 1,437
participating, at the prosecutor's request, in preparation for a 1,438
criminal justice OR DELINQUENCY proceeding or for attendance, 1,439
pursuant to a subpoena, at a criminal OR DELINQUENCY proceeding 1,441
if the attendance is reasonably necessary to protect the 1,442
interests of the victim. This section generally does not require 1,443
an employer to pay an employee for time lost as a result of 1,444
attendance at a criminal OR DELINQUENCY proceeding. An employer 1,447
who knowingly violates this section is in contempt of court. 1,448
This section does not limit or affect the application to any 1,449
person of section 2151.211, 2939.121, or 2945.451 of the Revised
Code.
Sec. 2930.19. (A) In a manner consistent with the duty of 1,458
a prosecutor to represent the interests of the public as a whole, 1,459
a prosecutor shall seek compliance with this chapter on behalf of 1,460
a victim, a member of the victim's family, or the victim's 1,461
representative. 1,462
(B) The failure of a public official or public agency to 1,465
comply with the requirements of this chapter does not give rise 1,466
to a claim for damages against that public official or public 1,467
agency, except that a public agency as an employer may be held 1,468
responsible for a violation of section 2930.18 of the Revised 1,469
Code.
(C) The failure of any person or entity to provide a 1,471
32
right, privilege, or notice to a victim under this chapter does 1,473
not constitute grounds for declaring a mistrial or new trial, for 1,474
setting aside a conviction or, sentence, ADJUDICATION, OR 1,475
DISPOSITION, or for granting postconviction release to a 1,476
defendant. 1,477
(D) If there is a conflict between a provision in this 1,479
chapter and a specific statute governing the procedure in a case 1,481
involving a capital offense, the specific statute supersedes the 1,482
provision in this chapter. 1,483
(E) If the victim of a crime is incarcerated in a state or 1,485
local correctional facility OR IS IN THE LEGAL CUSTODY OF THE 1,486
DEPARTMENT OF YOUTH SERVICES, the victim's rights under this 1,487
chapter may be modified by court order to prevent any security 1,488
risk, hardship, or undue burden upon a public official or public 1,489
agency with a duty under this chapter. 1,490
Section 2. That existing sections 109.42, 2151.38, 1,492
2930.01, 2930.02, 2930.05, 2930.06, 2930.07, 2930.09, 2930.10, 1,493
2930.11, 2930.12, 2930.13, 2930.14, 2930.15, 2930.16, 2930.17, 1,494
2930.18, and 2930.19 of the Revised Code are hereby repealed. 1,495