As Reported by House Criminal Justice Committee           1            

123rd General Assembly                                             4            

   Regular Session                              Sub. 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-DePIERO-TIBERI               10           


_________________________________________________________________                

                          A   B I L L                                           

             To amend sections 109.42, 109.57, 2151.18, 2151.31,   12           

                2151.355, 2151.38, 2930.01, 2930.02, 2930.05 to    13           

                2930.07, and 2930.09 to 2930.19 of the Revised     14           

                Code relative to rights of  victims in             15           

                delinquency proceedings and the rights of victims  16           

                of crime.                                                       




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        18           

      Section 1.  That sections 109.42, 109.57, 2151.18, 2151.31,  20           

2151.355, 2151.38, 2930.01, 2930.02, 2930.05, 2930.06, 2930.07,    22           

2930.09, 2930.10, 2930.11, 2930.12, 2930.13, 2930.14, 2930.15,     23           

2930.16, 2930.17, 2930.18, and 2930.19 of the Revised Code be      24           

amended to read as follows:                                                     

      Sec. 109.42.  (A)  The attorney general shall prepare and    32           

have printed a pamphlet that contains a compilation of all         33           

statutes relative to victim's rights in which the attorney         34           

general lists and explains the statutes in the form of a victim's  36           

bill of rights.  The attorney general shall distribute the         37           

pamphlet to all sheriffs, marshals, municipal corporation and      39           

township police departments, constables, and other law             40           

enforcement agencies, to all prosecuting attorneys, city           41           

directors of law, village solicitors, and other similar chief      42           

legal officers of municipal corporations, and to organizations     43           

that represent or provide services for victims of crime.  The      44           

victim's bill of rights set forth in the pamphlet shall contain a  45           

                                                          2      


                                                                 
description of all of the rights of victims that are provided for  46           

in Chapter 2930. or in any other section of the Revised Code and   47           

shall include, but not be limited to, all of the following:        48           

      (1)  The right of a victim or a victim's representative to   51           

attend a proceeding before a grand jury, in a juvenile case, or    52           

in a criminal case pursuant to a subpoena without being            53           

discharged from the victim's or representative's employment,       54           

having the victim's or representative's employment terminated,     55           

having the victim's or representative's pay decreased or           56           

withheld, or otherwise being punished, penalized, or threatened    57           

as a result of time lost from regular employment because of the    58           

victim's or representative's attendance at the proceeding          60           

pursuant to the subpoena, as set forth in section 2151.211,        61           

2930.18, 2939.121, or 2945.451 of the Revised Code;                             

      (2)  The potential availability pursuant to section          63           

2151.411 of the Revised Code of a forfeited recognizance to pay    64           

damages caused by a child when the delinquency of the child or     65           

child's violation of probation is found to be proximately caused   66           

by the failure of the child's parent or guardian to subject the    67           

child to reasonable parental authority or to faithfully discharge  68           

the conditions of probation;                                       69           

      (3)  The availability of awards of reparations pursuant to   71           

sections 2743.51 to 2743.72 of the Revised Code for injuries       72           

caused by criminal offenses;                                       73           

      (4)  The right of the victim in certain criminal OR          75           

JUVENILE cases or a victim's representative to receive, pursuant   77           

to section 2930.06 of the Revised Code, notice of the date, time,  78           

and place of the trial OR DELINQUENCY PROCEEDING in the case or,   79           

if there will not be a trial OR DELINQUENCY PROCEEDING,            80           

information from the prosecutor, as defined in section 2930.01 of  82           

the Revised Code, regarding the disposition of the case;                        

      (5)  The right of the victim in certain criminal OR          84           

JUVENILE cases or a victim's representative to receive, pursuant   85           

to section 2930.04, 2930.05, or 2930.06 of the Revised Code,       86           

                                                          3      


                                                                 
notice of the name of the person charged with the violation, the   87           

case or docket number assigned to the charge, and a telephone      88           

number or numbers that can be called to obtain information about   89           

the disposition of the case;                                                    

      (6)  The right of the victim in certain criminal OR          91           

JUVENILE cases or of the victim's representative pursuant to       94           

section 2930.13 or 2930.14 of the Revised Code, subject to any     95           

reasonable terms set by the court as authorized under section      96           

2930.14 of the Revised Code, to make a statement about the         98           

victimization and, if applicable, a statement relative to the      99           

sentencing OR DISPOSITION of the offender;                         101          

      (7)  The opportunity to obtain a court order, pursuant to    103          

section 2945.04 of the Revised Code, to prevent or stop the        104          

commission of the offense of intimidation of a crime victim or     105          

witness or an offense against the person or property of the        106          

complainant, or of the complainant's ward or child;                107          

      (8)  The right of the victim in certain criminal OR          109          

JUVENILE cases or a victim's representative pursuant to sections   111          

2151.38, 2929.20, 2930.10, 2930.16, and 2930.17 of the Revised     113          

Code to receive notice of a pending motion for judicial release                 

OR EARLY RELEASE of the person who committed the offense against   116          

the victim and, to make an oral or written statement at the court  118          

hearing on the motion, AND TO BE NOTIFIED OF THE COURT'S DECISION  119          

ON THE MOTION;                                                                  

      (9)  The right of the victim in certain criminal OR          121          

JUVENILE cases or a victim's representative, pursuant to section   122          

2930.16, 2967.12, or 2967.26, OR 5139.56 of the Revised Code, to   124          

receive notice of any pending commutation, pardon, parole,         125          

transitional control, DISCHARGE, other form of authorized          126          

release, or post-release control, OR SUPERVISED RELEASE for the    127          

person who committed the offense against the victim or any         128          

application for release of that person and to send a written       130          

statement relative to the victimization and the pending action to  131          

the adult parole authority OR THE RELEASE AUTHORITY OF THE         132          

                                                          4      


                                                                 
DEPARTMENT OF YOUTH SERVICES;                                      133          

      (10)  The right of the victim to bring a civil action        135          

pursuant to sections 2969.01 to 2969.06 of the Revised Code to     136          

obtain money from the offender's profit fund;                      137          

      (11)  The right, pursuant to section 3109.09 of the Revised  140          

Code, to maintain a civil action to recover compensatory damages                

not exceeding ten thousand dollars and costs from the parent of a  142          

minor who willfully damages property through the commission of an  143          

act that would be a theft offense, as defined in section 2913.01   144          

of the Revised Code, if committed by an adult;                                  

      (12)  The right, pursuant to section 3109.10 of the Revised  146          

Code, to maintain a civil action to recover compensatory damages   147          

not exceeding ten thousand dollars and costs from the parent of a  148          

minor who willfully and maliciously assaults a person;             149          

      (13)  The possibility of receiving restitution from an       151          

offender or a delinquent child pursuant to section 2151.355,       152          

2929.18, or 2929.21 of the Revised Code;                           153          

      (14)  The right of the victim in certain criminal OR         155          

JUVENILE cases or a victim's representative, pursuant to section   156          

2930.16 of the Revised Code, to receive notice of the escape from  158          

confinement or custody of the person who committed the offense,    159          

to receive that notice from the custodial agency of the person at  160          

the victim's last address or telephone number provided to the      161          

custodial agency, and to receive notice that, if either the        162          

victim's address or telephone number changes, it is in the         163          

victim's interest to provide the new address or telephone number   164          

to the custodial agency.;                                          165          

      (15)  The right of a victim of domestic violence to seek     167          

the issuance of a temporary protection order pursuant to section   169          

2919.26 of the Revised Code, to seek the issuance of a civil       170          

protection order pursuant to section 3113.31 of the Revised Code,  171          

and to be accompanied by a victim advocate during court                         

proceedings.;                                                      172          

      (16)  The right of a victim of a sexually oriented offense   175          

                                                          5      


                                                                 
that is committed by a person who is adjudicated as being a        176          

sexual predator or, in certain cases, by a person who is           177          

determined to be a habitual sex offender to receive, pursuant to   178          

section 2950.10 of the Revised Code, notice that the offender has  180          

registered with a sheriff under section 2950.04 or 2950.05 of the  181          

Revised Code and notice of the offender's name and residence       182          

address or addresses, and a summary of the manner in which the     183          

victim must make a request to receive the notice.  As used in      184          

this division, "sexually oriented offense," "adjudicated as being  185          

a sexual predator," and "habitual sex offender" have the same      186          

meanings as in section 2950.01 of the Revised Code.                187          

      (17)  The right of a victim of certain sexually violent      189          

offenses committed by a sexually violent predator who is           190          

sentenced to a prison term pursuant to division (A)(3) of section  192          

2971.03 of the Revised Code to receive, pursuant to section        193          

2930.16 of the Revised Code, notice of a hearing to determine      194          

whether to modify the requirement that the offender serve the      195          

entire prison term in a state correctional facility, whether to    196          

continue, revise, or revoke any existing modification of that      197          

requirement, or whether to terminate the prison term.  As used in  198          

this division, "sexually violent offense" and "sexually violent    199          

predator" have the same meanings as in section 2971.01 of the      200          

Revised Code.                                                                   

      (B)(1)(a)  Subject to division (B)(1)(c) of this section, a  202          

prosecuting attorney, assistant prosecuting attorney, city         204          

director of law, assistant director of law, village solicitor,     205          

assistant village solicitor, or similar chief legal officer of a   206          

municipal corporation or an assistant of any such officer OF       207          

THOSE OFFICERS who prosecutes an offense committed in this state,  208          

upon first contact with the victim of the offense, the victim's    209          

family, or the victim's dependents, shall give the victim, the     211          

victim's family, or the victim's dependents a copy of the          212          

pamphlet prepared pursuant to division (A) of this section and     213          

explain, upon request, the information in the pamphlet to the                   

                                                          6      


                                                                 
victim, the victim's family, or the victim's dependents.           214          

      (b)  Subject to division (B)(1)(c) of this section, a law    216          

enforcement agency that investigates an offense OR DELINQUENT ACT  219          

committed in this state shall give the victim of the offense OR    221          

DELINQUENT ACT, the victim's family, or the victim's dependents a  223          

copy of the pamphlet prepared pursuant to division (A) of this     224          

section at one of the following times:                             225          

      (i)  Upon first contact with the victim, the victim's        227          

family, or the victim's dependents;                                228          

      (ii)  If the offense OR DELINQUENT ACT is an offense of      230          

violence, if the circumstances of the offense OR DELINQUENT ACT    232          

and the condition of the victim, the victim's family, or the       234          

victim's dependents indicate that the victim, the victim's         235          

family, or the victim's dependents will not be able to understand  236          

the significance of the pamphlet upon first contact with the       237          

agency, and if the agency anticipates that it will have an         238          

additional contact with the victim, the victim's family, or the    239          

victim's dependents, upon the agency's second contact with the     240          

victim, the victim's family, or the victim's dependents.           241          

      If the agency does not give the victim, the victim's         243          

family, or the victim's dependents a copy of the pamphlet upon     244          

first contact with them and does not have a second contact with    245          

the victim, the victim's family, or the victim's dependents, the   247          

agency shall mail a copy of the pamphlet to the victim, the        248          

victim's family, or the victim's dependents at their last known    249          

address.                                                           250          

      (c)  In complying on and after December 9, 1994, with the    252          

duties imposed by division (B)(1)(a) or (b) of this section, an    254          

official or a law enforcement agency shall use copies of the       255          

pamphlet that are in the official's or agency's possession on      256          

December 9, 1994, until the official or agency has distributed     258          

all of those copies.  After the official or agency has             259          

distributed all of those copies, the official or agency shall use  260          

only copies of the pamphlet that contain at least the information  261          

                                                          7      


                                                                 
described in division (A)(1) to (15)(17) of this section.          262          

      (2)  The failure of a law enforcement agency or of a         264          

prosecuting attorney, assistant prosecuting attorney, director of  265          

law, assistant director of law, village solicitor, assistant       266          

village solicitor, or similar chief legal officer of a municipal   267          

corporation or an assistant to any such officer OF THOSE OFFICERS  269          

to give, as required by division (B)(1) of this section, the       271          

victim of an offense OR DELINQUENT ACT, the victim's family, or    273          

the victim's dependents a copy of the pamphlet prepared pursuant                

to division (A) of this section does not give the victim, the      274          

victim's family, the victim's dependents, or a victim's            275          

representative any rights under section 122.95, 2743.51 to         278          

2743.72, 2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or         279          

3109.10 of the Revised Code or under any other provision of the    280          

Revised Code and does not affect any right under those sections.   281          

      (3)  A law enforcement agency, a prosecuting attorney or     283          

assistant prosecuting attorney, or a director of law, assistant    284          

director of law, village solicitor, assistant village solicitor,   285          

or similar chief legal officer of a municipal corporation that     286          

distributes a copy of the pamphlet prepared pursuant to division   287          

(A) of this section shall not be required to distribute a copy of  288          

an information card or other printed material provided by the      289          

clerk of the court of claims pursuant to section 2743.71 of the    290          

Revised Code.                                                                   

      (C)  The cost of printing and distributing the pamphlet      292          

prepared pursuant to division (A) of this section shall be paid    293          

out of the reparations fund, created pursuant to section 2743.191  294          

of the Revised Code, in accordance with division (D) of that       295          

section.                                                           296          

      (D)  As used in this section:                                298          

      (1)  "Victim's representative" has the same meaning as in    300          

section 2930.01 of the Revised Code;                               301          

      (2)  "Victim advocate" has the same meaning as in section    304          

2919.26 of the Revised Code.                                                    

                                                          8      


                                                                 
      Sec. 109.57.  (A)(1)  The superintendent of the bureau of    313          

criminal identification and investigation shall procure from       314          

wherever procurable and file for record photographs, pictures,     316          

descriptions, fingerprints, measurements, and other information    317          

that may be pertinent of all persons who have been convicted of    318          

committing within this state a felony, any crime constituting a    320          

misdemeanor on the first offense and a felony on subsequent                     

offenses, or any misdemeanor described in division (A)(1)(a) of    322          

section 109.572 of the Revised Code, of all children under         323          

eighteen years of age who have been adjudicated delinquent         324          

children for committing within this state an act that would be a   325          

felony or an offense of violence if committed by an adult or who   326          

have been convicted of or pleaded guilty to committing within      328          

this state a felony or an offense of violence, and of all          329          

well-known and habitual criminals.  The person in charge of any    331          

county, multicounty, municipal, municipal-county, or               332          

multicounty-municipal jail or workhouse, community-based           333          

correctional facility, halfway house, alternative residential      334          

facility, or state correctional institution and the person in      335          

charge of any state institution having custody of a person         336          

suspected of having committed a felony, any crime constituting a   338          

misdemeanor on the first offense and a felony on subsequent                     

offenses, or any misdemeanor described in division (A)(1)(a) of    340          

section 109.572 of the Revised Code or having custody of a child                

under eighteen years of age with respect to whom there is          341          

probable cause to believe that the child may have committed an     343          

act that would be a felony or an offense of violence if committed  345          

by an adult shall furnish such material to the superintendent of   347          

the bureau.  Fingerprints, photographs, or other descriptive       349          

information of a child who is under eighteen years of age, has     350          

not been arrested or otherwise taken into custody for committing                

an act that would be a felony or an offense of violence if         352          

committed by an adult, has not been adjudicated a delinquent       353          

child for committing an act that would be a felony or an offense   354          

                                                          9      


                                                                 
of violence if committed by an adult, has not been convicted of    355          

or pleaded guilty to committing a felony or an offense of          358          

violence, and is not a child with respect to whom there is                      

probable cause to believe that the child may have committed an     360          

act that would be a felony or an offense of violence if committed  362          

by an adult shall not be procured by the superintendent or         363          

furnished by any person in charge of any county, multicounty,      365          

municipal, municipal-county, or multicounty-municipal jail or      366          

workhouse, community-based correctional facility, halfway house,   367          

alternative residential facility, or state correctional            368          

institution, except as authorized in section 2151.313 of the       369          

Revised Code.                                                                   

      (2)  Every clerk of a court of record in this state, other   372          

than the supreme court or a court of appeals, shall send to the    373          

superintendent of the bureau a weekly report containing a summary  375          

of each case involving a felony, involving any crime constituting  376          

a misdemeanor on the first offense and a felony on subsequent      378          

offenses, involving a misdemeanor described in division (A)(1)(a)  379          

of section 109.572 of the Revised Code, or involving an            380          

adjudication that IN A CASE IN WHICH a child under eighteen years  382          

of age is WAS ALLEGED TO BE a delinquent child for committing an   383          

act that would be a felony or an offense of violence if committed  384          

by an adult.  The clerk of the court of common pleas shall         386          

include in the report and summary the clerk sends under this       387          

division all information described in divisions (A)(2)(a) to (f)   388          

of this section regarding a case before the court of appeals that  389          

is served by that clerk.  The summary shall be written on the      390          

standard forms furnished by the superintendent pursuant to         392          

division (B) of this section and shall include the following       393          

information:                                                                    

      (a)  The incident tracking number contained on the standard  395          

forms furnished by the superintendent pursuant to division (B) of  396          

this section;                                                      397          

      (b)  The style and number of the case;                       399          

                                                          10     


                                                                 
      (c)  The date of arrest;                                     401          

      (d)  The date that the person was convicted of or pleaded    403          

guilty to the offense, adjudicated a delinquent child for          404          

committing the act that would be a felony or an offense of         407          

violence if committed by an adult, found not guilty of the                      

offense, or found not to be a delinquent child for committing an   408          

act that would be a felony or an offense of violence if committed  411          

by an adult, the date of an entry dismissing the charge, an entry  413          

declaring a mistrial of the offense in which the person is         414          

discharged, an entry finding that the person or child is not                    

competent to stand trial, or an entry of a nolle prosequi, or the  415          

date of any other determination that constitutes final resolution  416          

of the case;                                                                    

      (e)  A statement of the original charge with the section of  418          

the Revised Code that was alleged to be violated;                  419          

      (f)  If the person or child was convicted, pleaded guilty,   421          

or was adjudicated a delinquent child, the sentence or terms of    423          

probation imposed or any other disposition of the offender or the  424          

delinquent child.                                                               

      If the offense involved the disarming of a law enforcement   426          

officer or an attempt to disarm a law enforcement officer, the     427          

clerk shall clearly state that fact in the summary, and the        428          

superintendent shall ensure that a clear statement of that fact    429          

is placed in the bureau's records.                                              

      (3)  The superintendent shall cooperate with and assist      431          

sheriffs, chiefs of police, and other law enforcement officers in  433          

the establishment of a complete system of criminal identification  434          

and in obtaining fingerprints and other means of identification    435          

of all persons arrested on a charge of a felony, any crime         436          

constituting a misdemeanor on the first offense and a felony on    437          

subsequent offenses, or a misdemeanor described in division        438          

(A)(1)(a) of section 109.572 of the Revised Code and of all        439          

children under eighteen years of age arrested or otherwise taken   441          

into custody for committing an act that would be a felony or an    443          

                                                          11     


                                                                 
offense of violence if committed by an adult.  The superintendent  445          

also shall file for record the fingerprint impressions of all      446          

persons confined in a county, multicounty, municipal,              447          

municipal-county, or multicounty-municipal jail or workhouse,                   

community-based correctional facility, halfway house, alternative  449          

residential facility, or state correctional institution for the    450          

violation of state laws and of all children under eighteen years   452          

of age who are confined in a county, multicounty, municipal,       453          

municipal-county, or multicounty-municipal jail or workhouse,      454          

community-based correctional facility, halfway house, alternative  455          

residential facility, or state correctional institution or in any  457          

facility for delinquent children for committing an act that would  459          

be a felony or an offense of violence if committed by an adult,    460          

and any other information that the superintendent may receive      462          

from law enforcement officials of the state and its political      463          

subdivisions.                                                                   

      (4)  The superintendent shall carry out Chapter 2950. of     465          

the Revised Code with respect to the registration of persons who   468          

are convicted of or plead guilty to a sexually oriented offense    469          

and with respect to all other duties imposed on the bureau under   470          

that chapter.                                                                   

      (B)  The superintendent shall prepare and furnish to every   472          

county, multicounty, municipal, municipal-county, or               473          

multicounty-municipal jail or workhouse, community-based           474          

correctional facility, halfway house, alternative residential      475          

facility, or state correctional institution and to every clerk of  476          

a court in this state specified in division (A)(2) of this         477          

section standard forms for reporting the information required      478          

under division (A) of this section.  The standard forms that the   480          

superintendent prepares pursuant to this division may be in a      481          

tangible format, in an electronic format, or in both tangible      482          

formats and electronic formats.                                                 

      (C)  The superintendent may operate a center for             484          

electronic, automated, or other data processing for the storage    485          

                                                          12     


                                                                 
and retrieval of information, data, and statistics pertaining to   486          

criminals and to children under eighteen years of age who are      487          

adjudicated delinquent children for committing an act that would   489          

be a felony or an offense of violence if committed by an adult,    490          

criminal activity, crime prevention, law enforcement, and          493          

criminal justice, and may establish and operate a statewide                     

communications network to gather and disseminate information,      494          

data, and statistics for the use of law enforcement agencies.      495          

The superintendent may gather, store, retrieve, and disseminate    497          

information, data, and statistics that pertain to children who                  

are under eighteen years of age and that are gathered pursuant to  498          

sections 109.57 to 109.61 of the Revised Code together with        499          

information, data, and statistics that pertain to adults and that  500          

are gathered pursuant to those sections.                           501          

      (D)  The information and materials furnished to the          503          

superintendent pursuant to division (A) of this section and        504          

information and materials furnished to any board or person under   505          

division (F) or (G) of this section are not public records under   506          

section 149.43 of the Revised Code.                                507          

      (E)  The attorney general shall adopt rules, in accordance   509          

with Chapter 119. of the Revised Code, setting forth the           510          

procedure by which a person may receive or release information     511          

gathered by the superintendent pursuant to division (A) of this    513          

section.  A reasonable fee may be charged for this service.  If a  514          

temporary employment service submits a request for a               515          

determination of whether a person the service plans to refer to    516          

an employment position has been convicted of or pleaded guilty to  517          

an offense listed in division (A)(1), (3), (4), or (5) of section  518          

109.572 of the Revised Code, the request shall be treated as a     519          

single request and only one fee shall be charged.                  520          

      (F)(1)  As used in division (F)(2) of this section, "head    522          

start agency" means an entity in this state that has been          523          

approved to be an agency for purposes of subchapter II of the      524          

"Community Economic Development Act," 95 Stat. 489 (1981), 42      525          

                                                          13     


                                                                 
U.S.C.A. 9831, as amended.                                         526          

      (2)(a)  In addition to or in conjunction with any request    528          

that is required to be made under section 109.572, 2151.86,        529          

3301.32, 3301.541, 3319.39, 3701.881, 5104.012, 5104.013,          530          

5126.28, 5126.281, or 5153.111 of the Revised Code, the board of   531          

education of any school district; any county board of mental       532          

retardation and developmental disabilities; any entity under       533          

contract with a county board of mental retardation and             534          

developmental disabilities; the chief administrator of any         535          

chartered nonpublic school; the chief administrator of any home    536          

health agency; the chief administrator of or person operating any  537          

child day-care center, type A family day-care home, or type B      538          

family day-care home licensed or certified under Chapter 5104. of  539          

the Revised Code; the administrator of any type C family day-care  540          

home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st  541          

general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st    542          

general assembly; the chief administrator of any head start        543          

agency; or the executive director of a public children services    544          

agency may request that the superintendent of the bureau           545          

investigate and determine, with respect to any individual who has  546          

applied for employment in any position after October 2, 1989, or   547          

any individual wishing to apply for employment with a board of     548          

education may request, with regard to the individual, whether the  550          

bureau has any information gathered under division (A) of this     551          

section that pertains to that individual.  On receipt of the       552          

request, the superintendent shall determine whether that           553          

information exists and, upon request of the person, board, or      554          

entity requesting information, also shall request from the         555          

federal bureau of investigation any criminal records it has        556          

pertaining to that individual.  Within thirty days of the date     557          

that the superintendent receives a request, the superintendent     559          

shall send to the board, entity, or person a report of any         560          

information that the superintendent determines exists, including   562          

information contained in records that have been sealed under       563          

                                                          14     


                                                                 
section 2953.32 of the Revised Code, and, within thirty days of    564          

its receipt, shall send the board, entity, or person a report of   565          

any information received from the federal bureau of                566          

investigation, other than information the dissemination of which   567          

is prohibited by federal law.                                                   

      (b)  When a board of education is required to receive        569          

information under this section as a prerequisite to employment of  570          

an individual pursuant to section 3319.39 of the Revised Code, it  571          

may accept a certified copy of records that were issued by the     573          

bureau of criminal identification and investigation and that are                

presented by an individual applying for employment with the        574          

district in lieu of requesting that information itself.  In such   575          

a case, the board shall accept the certified copy issued by the    576          

bureau in order to make a photocopy of it for that individual's    577          

employment application documents and shall return the certified    578          

copy to the individual.  In a case of that nature, a district      579          

only shall accept a certified copy of records of that nature       580          

within one year after the date of their issuance by the bureau.    582          

      (3)  The state board of education may request, with respect  584          

to any individual who has applied for employment after October 2,  585          

1989, in any position with the state board or the department of    586          

education, any information that a school district board of         587          

education is authorized to request under division (F)(2) of this   589          

section, and the superintendent of the bureau shall proceed as if  590          

the request has been received from a school district board of      591          

education under division (F)(2) of this section.                   592          

      (4)  When the superintendent of the bureau receives a        594          

request for information that is authorized under section 3319.291  595          

of the Revised Code, the superintendent shall proceed as if the    596          

request has been received from a school district board of          597          

education under division (F)(2) of this section.                   598          

      (G)  In addition to or in conjunction with any request that  601          

is required to be made under section 173.41, 3701.881, 3712.09,    602          

3721.121, or 3722.151 of the Revised Code with respect to an       604          

                                                          15     


                                                                 
individual who has applied for employment in a position that       605          

involves providing direct care to an older adult, the chief                     

administrator of a PASSPORT agency that provides services through  606          

the PASSPORT program created under section 173.40 of the Revised   607          

Code, home health agency, hospice care program, home licensed      609          

under Chapter 3721. of the Revised Code, adult day-care program    610          

operated pursuant to rules adopted under section 3721.04 of the    611          

Revised Code, or adult care facility may request that the          613          

superintendent of the bureau investigate and determine, with       614          

respect to any individual who has applied after January 27, 1997,  616          

for employment in a position that does not involve providing       617          

direct care to an older adult, whether the bureau has any          618          

information gathered under division (A) of this section that       619          

pertains to that individual.  On receipt of the request, the       620          

superintendent shall determine whether that information exists     621          

and, on request of the administrator requesting information,       622          

shall also request from the federal bureau of investigation any    623          

criminal records it has pertaining to that individual.  Within     624          

thirty days of the date a request is received, the superintendent  625          

shall send to the administrator a report of any information        627          

determined to exist, including information contained in records    628          

that have been sealed under section 2953.32 of the Revised Code,   629          

and, within thirty days of its receipt, shall send the             630          

administrator a report of any information received from the        631          

federal bureau of investigation, other than information the        632          

dissemination of which is prohibited by federal law.               633          

      (H)  Information obtained by a board, administrator, or      636          

other person under this section is confidential and shall not be   637          

released or disseminated.                                                       

      (I)  The superintendent may charge a reasonable fee for      639          

providing information or criminal records under division (F)(2)    640          

or (G) of this section.                                            641          

      Sec. 2151.18.  (A)(1)  The juvenile court shall maintain     650          

records of all official cases brought before it, including an      651          

                                                          16     


                                                                 
appearance docket, a journal, and a cashbook.  The court shall     652          

maintain a separate docket for traffic cases and shall record all  654          

traffic cases on the separate docket instead of on the general     656          

appearance docket.  The parents of any child affected, if they     657          

are living, or the nearest of kin of the child, if the parents     658          

are deceased, may inspect these records, either in person or by    659          

counsel during the hours in which the court is open.                            

      (2)  The juvenile court shall send to the superintendent of  661          

the bureau of criminal identification and investigation, pursuant  662          

to section 109.57 of the Revised Code, a weekly report containing  663          

a summary of each case that has come before it and that involves   664          

an adjudication ALLEGATION that a child is a delinquent child for  666          

committing an act that would be a felony or an offense of          667          

violence if committed by an adult.                                 668          

      (B)  The clerk of the court shall maintain a statistical     670          

record that includes all of the following:                         671          

      (1)  The number of complaints that are filed with the court  673          

that allege that a child is a delinquent child, in relation to     674          

which the court determines under division (D) of section 2151.27   675          

of the Revised Code that the victim of the alleged delinquent act  677          

was sixty-five years of age or older or permanently and totally    678          

disabled at the time of the alleged commission of the act;         679          

      (2)  The number of complaints described in division (B)(1)   681          

of this section that result in the child being adjudicated a       682          

delinquent child;                                                  683          

      (3)  The number of complaints described in division (B)(2)   685          

of this section in which the act upon which the delinquent child   686          

adjudication is based caused property damage or would be a theft   687          

offense, as defined in division (K) of section 2913.01 of the      688          

Revised Code, if committed by an adult;                            689          

      (4)  The number of complaints described in division (B)(3)   691          

of this section that result in the delinquent child being          692          

required as an order of disposition made under division (A)(8)(b)  693          

of section 2151.355 of the Revised Code to make restitution for    694          

                                                          17     


                                                                 
all or part of the property damage caused by the child's           695          

delinquent act or for all or part of the value of the property     697          

that was the subject of the delinquent act that would be a theft   698          

offense if committed by an adult;                                  699          

      (5)  The number of complaints described in division (B)(2)   701          

of this section in which the act upon which the delinquent child   702          

adjudication is based would have been an offense of violence if    703          

committed by an adult;                                             704          

      (6)  The number of complaints described in division (B)(5)   706          

of this section that result in the delinquent child being          707          

committed as an order of disposition made under division (A)(3),   708          

(4), (5), (6), or (7) of section 2151.355 of the Revised Code to   709          

any facility for delinquent children operated by the county, a     710          

district, or a private agency or organization or to the            711          

department of youth services;                                      712          

      (7)  The number of complaints described in division (B)(1)   714          

of this section that result in the case being transferred for      715          

criminal prosecution to an appropriate court having jurisdiction   716          

of the offense under section 2151.26 of the Revised Code.          717          

      (C)  The clerk of the court shall compile an annual summary  719          

covering the preceding calendar year showing all of the            720          

information for that year contained in the statistical record      721          

maintained under division (B) of this section.  The statistical    722          

record and the annual summary shall be public records open for     723          

inspection.  Neither the statistical record nor the annual         724          

summary shall include the identity of any party to a case.         725          

      (D)  Not later than June of each year, the court shall       727          

prepare an annual report covering the preceding calendar year      728          

showing the number and kinds of cases that have come before it,    729          

the disposition of the cases, and any other data pertaining to     730          

the work of the court that the juvenile judge directs.  The court  732          

shall file copies of the report with the board of county                        

commissioners.  With the approval of the board, the court may      733          

print or cause to be printed copies of the report for              734          

                                                          18     


                                                                 
distribution to persons and agencies interested in the court or    736          

community program for dependent, neglected, abused, or delinquent  737          

children and juvenile traffic offenders.  The court shall include  738          

the number of copies ordered printed and the estimated cost of                  

each printed copy on each copy of the report printed for           739          

distribution.                                                      740          

      Sec. 2151.31.  (A)  A child may be taken into custody in     749          

any of the following ways:                                         750          

      (1)  Pursuant to an order of the court under this chapter    752          

OR PURSUANT TO AN ORDER OF THE COURT UPON A MOTION FILED PURSUANT  753          

TO DIVISION (B) OF SECTION 2930.05 OF THE REVISED CODE;            754          

      (2)  Pursuant to the laws of arrest;                         756          

      (3)  By a law enforcement officer or duly authorized         758          

officer of the court when any of the following conditions are      759          

present:                                                           760          

      (a)  There are reasonable grounds to believe that the child  762          

is suffering from illness or injury and is not receiving proper    763          

care, as described in section 2151.03 of the Revised Code, and     764          

the child's removal is necessary to prevent immediate or           765          

threatened physical or emotional harm;                             767          

      (b)  There are reasonable grounds to believe that the child  769          

is in immediate danger from the child's surroundings and that the  771          

child's removal is necessary to prevent immediate or threatened    772          

physical or emotional harm;                                        773          

      (c)  There are reasonable grounds to believe that a parent,  775          

guardian, custodian, or other household member of the child's      776          

household has abused or neglected another child in the household   777          

and to believe that the child is in danger of immediate or         778          

threatened physical or emotional harm from that person.            779          

      (4)  By an enforcement official, as defined in section       781          

4109.01 of the Revised Code, under the circumstances set forth in  782          

section 4109.08 of the Revised Code;                               783          

      (5)  By a law enforcement officer or duly authorized         785          

officer of the court when there are reasonable grounds to believe  786          

                                                          19     


                                                                 
that the child has run away from the child's parents, guardian,    788          

or other custodian;                                                789          

      (6)  By a law enforcement officer or duly authorized         791          

officer of the court when any of the following apply:              792          

      (a)  There are reasonable grounds to believe that the        794          

conduct, conditions, or surroundings of the child are endangering  795          

the health, welfare, or safety of the child.                       796          

      (b)  A complaint has been filed with respect to the child    798          

under section 2151.27 of the Revised Code and there are            799          

reasonable grounds to believe that the child may abscond or be     800          

removed from the jurisdiction of the court.                        801          

      (c)  The child is required to appear in court and there are  803          

reasonable grounds to believe that the child will not be brought   804          

before the court when required.                                    805          

      (B)(1)  The taking of a child into custody is not and shall  807          

not be deemed an arrest except for the purpose of determining its  808          

validity under the constitution of this state or of the United     809          

States.                                                            810          

      (2)  Except as provided in division (C) of section 2151.311  812          

of the Revised Code, a child taken into custody shall not be held  813          

in any state correctional institution, county, multicounty, or     815          

municipal jail or workhouse, or any other place where any adult    816          

convicted of crime, under arrest, or charged with crime is held.   817          

      (C)  A child taken into custody shall not be confined in a   819          

place of juvenile detention or placed in shelter care prior to     820          

the implementation of the court's final order of disposition,      821          

unless detention or shelter care is required to protect the child  823          

from immediate or threatened physical or emotional harm, because   824          

the child may abscond or be removed from the jurisdiction of the   825          

court, because the child has no parents, guardian, or custodian    826          

or other person able to provide supervision and care for the       827          

child and return the child to the court when required, or because  828          

an order for placement of the child in detention or shelter care   829          

has been made by the court pursuant to this chapter.               830          

                                                          20     


                                                                 
      (D)  Upon receipt of notice from a person that the person    832          

intends to take an alleged abused, neglected, or dependent child   833          

into custody pursuant to division (A)(3) of this section, a        834          

juvenile judge or a designated referee may grant by telephone an   835          

ex parte emergency order authorizing the taking of the child into  836          

custody if there is probable cause to believe that any of the      837          

conditions set forth in divisions (A)(3)(a) to (c) of this         838          

section are present.  The judge or referee shall journalize any    839          

ex parte emergency order issued pursuant to this division.  If an  840          

order is issued pursuant to this division and the child is taken   841          

into custody pursuant to the order, a sworn complaint shall be     842          

filed with respect to the child before the end of the next         843          

business day after the day on which the child is taken into        844          

custody and a hearing shall be held pursuant to division (E) of    845          

this section and the Juvenile Rules.  A juvenile judge or referee  846          

shall not grant an emergency order by telephone pursuant to this   847          

division until after the judge or referee determines that          848          

reasonable efforts have been made to notify the parents,           850          

guardian, or custodian of the child that the child may be placed   851          

into shelter care and of the reasons for placing the child into    852          

shelter care, except that, if the requirement for notification     853          

would jeopardize the physical or emotional safety of the child or  854          

result in the child being removed from the court's jurisdiction,   855          

the judge or referee may issue the order for taking the child      856          

into custody and placing the child into shelter care prior to      857          

giving notice to the parents, guardian, or custodian of the        858          

child.                                                                          

      (E)  If a judge or referee pursuant to division (D) of this  860          

section issues an ex parte emergency order for taking a child      861          

into custody, the court shall hold a hearing to determine whether  862          

there is probable cause for the emergency order.  The hearing      863          

shall be held before the end of the next business day after the    864          

day on which the emergency order is issued, except that it shall   865          

not be held later than seventy-two hours after the emergency       866          

                                                          21     


                                                                 
order is issued.                                                   867          

      If the court determines at the hearing that there is not     869          

probable cause for the issuance of the emergency order issued      870          

pursuant to division (D) of this section, it shall order the       871          

child released to the custody of the child's parents, guardian,    873          

or custodian.  If the court determines at the hearing that there   874          

is probable cause for the issuance of the emergency order issued   875          

pursuant to division (D) of this section, the court shall do both  877          

of the following:                                                  878          

      (1)  Ensure that a complaint is filed or has been filed;     880          

      (2)  Hold a hearing pursuant to section 2151.314 of the      882          

Revised Code to determine if the child should remain in shelter    883          

care.                                                              884          

      (F)  If the court determines at the hearing held pursuant    886          

to division (E) of this section that there is probable cause to    887          

believe that the child is an abused child, as defined in division  888          

(A) of section 2151.031 of the Revised Code, the court may do any  889          

of the following:                                                  890          

      (1)  Upon the motion of any party, the guardian ad litem,    892          

the prosecuting attorney, or an employee of the public children    893          

services agency, or its own motion, issue reasonable protective    897          

orders with respect to the interviewing or deposition of the       898          

child;                                                                          

      (2)  Order that the child's testimony be videotaped for      900          

preservation of the testimony for possible use in any other        901          

proceedings in the case;                                           902          

      (3)  Set any additional conditions with respect to the       904          

child or the case involving the child that are in the best         905          

interest of the child.                                             906          

      (G)  This section is not intended, and shall not be          908          

construed, to prevent any person from taking a child into          909          

custody, if taking the child into custody is necessary in an       910          

emergency to prevent the physical injury, emotional harm, or       911          

neglect of the child.                                              912          

                                                          22     


                                                                 
      Sec. 2151.355.  (A)  If a child is adjudicated a delinquent  921          

child, the court may make any of the following orders of           923          

disposition:                                                                    

      (1)  Any order that is authorized by section 2151.353 of     925          

the Revised Code;                                                  926          

      (2)  Place the child on probation under any conditions that  928          

the court prescribes.  If the child is adjudicated a delinquent    929          

child for violating section 2909.05, 2909.06, or 2909.07 of the    931          

Revised Code and if restitution is appropriate under the                        

circumstances of the case, the court shall require the child to    932          

make restitution for the property damage caused by the child's     933          

violation as a condition of the child's probation.  If the child   935          

is adjudicated a delinquent child because the child violated any   936          

other section of the Revised Code, the court may require the       937          

child as a condition of the child's probation to make restitution  938          

for the property damage caused by the child's violation and for    939          

the value of the property that was the subject of the violation    940          

the child committed if it would be a theft offense, as defined in  941          

division (K) of section 2913.01 of the Revised Code, if committed  942          

by an adult.  The restitution may be in the form of a cash         943          

reimbursement paid in a lump sum or in installments, the           944          

performance of repair work to restore any damaged property to its  945          

original condition, the performance of a reasonable amount of      946          

labor for the victim approximately equal to the value of the       947          

property damage caused by the child's violation or to the value    948          

of the property that is the subject of the violation if it would   949          

be a theft offense if committed by an adult, the performance of    950          

community service or community work, any other form of             951          

restitution devised by the court, or any combination of the        952          

previously described forms of restitution.                                      

      If the child is adjudicated a delinquent child for           954          

violating a law of this state or the United States, or an          955          

ordinance or regulation of a political subdivision of this state,  956          

that would be a crime if committed by an adult or for violating    958          

                                                          23     


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

in addition to all other required or permissive conditions of      960          

probation that the court imposes upon the delinquent child         962          

pursuant to division (A)(2) of this section, shall require the     963          

child as a condition of the child's probation to abide by the law  964          

during the period of probation, including, but not limited to,     965          

complying with the provisions of Chapter 2923. of the Revised      966          

Code relating to the possession, sale, furnishing, transfer,       967          

disposition, purchase, acquisition, carrying, conveying, or use    968          

of, or other conduct involving, a firearm or dangerous ordnance,   969          

as defined in section 2923.11 of the Revised Code.                 970          

      (3)  Commit the child to the temporary custody of any        972          

school, camp, institution, or other facility operated for the      974          

care of delinquent children by the county, by a district           975          

organized under section 2151.34 or 2151.65 of the Revised Code,    976          

or by a private agency or organization, within or without the      977          

state, that is authorized and qualified to provide the care,       978          

treatment, or placement required;                                               

      (4)  If the child is adjudicated a delinquent child for      980          

committing an act that would be a felony of the third, fourth, or  981          

fifth degree if committed by an adult or for violating division    983          

(A) of section 2923.211 of the Revised Code, commit the child to   984          

the legal custody of the department of youth services for          985          

institutionalization for an indefinite term consisting of a        986          

minimum period of six months and a maximum period not to exceed    987          

the child's attainment of twenty-one years of age;                 988          

      (5)(a)  If the child is adjudicated a delinquent child for   990          

violating section 2903.03, 2905.01, 2909.02, or 2911.01 or         991          

division (A) of section 2903.04 of the Revised Code or for         992          

violating any provision of section 2907.02 of the Revised Code     993          

other than division (A)(1)(b) of that section when the sexual      995          

conduct or insertion involved was consensual and when the victim                

of the violation of division (A)(1)(b) of that section was older   997          

than the delinquent child, was the same age as the delinquent      998          

                                                          24     


                                                                 
child, or was less than three years younger than the delinquent    999          

child, commit the child to the legal custody of the department of  1,000        

youth services for institutionalization in a secure facility for   1,001        

an indefinite term consisting of a minimum period of one to three  1,002        

years, as prescribed by the court, and a maximum period not to     1,003        

exceed the child's attainment of twenty-one years of age;          1,004        

      (b)  If the child is adjudicated a delinquent child for      1,007        

violating section 2923.02 of the Revised Code and if the           1,008        

violation involves an attempt to commit a violation of section                  

2903.01 or 2903.02 of the Revised Code, commit the child to the    1,010        

legal custody of the department of youth services for                           

institutionalization in a secure facility for an indefinite term   1,011        

consisting of a minimum period of six to seven years, as           1,012        

prescribed by the court, and a maximum period not to exceed the    1,013        

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

      (c)  If the child is adjudicated a delinquent child for      1,015        

committing an act that is not described in division (A)(5)(a) or   1,016        

(b) of this section and that would be a felony of the first or     1,017        

second degree if committed by an adult, commit the child to the    1,018        

legal custody of the department of youth services for              1,019        

institutionalization in a secure facility for an indefinite term   1,020        

consisting of a minimum period of one year and a maximum period    1,021        

not to exceed the child's attainment of twenty-one years of age.   1,022        

      (6)  If the child is adjudicated a delinquent child for      1,024        

committing a violation of section 2903.01 or 2903.02 of the        1,025        

Revised Code, commit the child to the legal custody of the         1,027        

department of youth services for institutionalization in a secure  1,028        

facility until the child's attainment of twenty-one years of age;  1,029        

      (7)(a)  If the child is adjudicated a delinquent child for   1,032        

committing an act, other than a violation of section 2923.12 of    1,033        

the Revised Code, that would be a felony if committed by an adult  1,034        

and is committed to the legal custody of the department of youth   1,035        

services pursuant to division (A)(4), (5), or (6) of this section  1,036        

and if the court determines that the child, if the child was an    1,037        

                                                          25     


                                                                 
adult, would be guilty of a specification of the type set forth    1,038        

in section 2941.141, 2941.144, 2941.145, or 2941.146 of the        1,039        

Revised Code in relation to the act for which the child was        1,040        

adjudicated a delinquent child, commit the child to the legal      1,041        

custody of the department of youth services for                                 

institutionalization in a secure facility for the following        1,042        

period of time, subject to division (A)(7)(c) of this section:     1,043        

      (i)  If the child would be guilty of a specification of the  1,045        

type set forth in section 2941.141 of the Revised Code, a period   1,046        

of one year;                                                       1,047        

      (ii)  If the child would be guilty of a specification of     1,049        

the type set forth in section 2941.144, 2941.145, or 2941.146 of   1,050        

the Revised Code, a period of three years.                         1,051        

      (b)  If the child is adjudicated a delinquent child for      1,053        

committing a category one offense or a category two offense and    1,054        

is committed to the legal custody of the department of youth       1,055        

services pursuant to division (A)(5) or (6) of this section and    1,056        

if the court determines that the child, if the child was an        1,057        

adult, would be guilty of a specification of the type set forth    1,058        

in section 2941.142 of the Revised Code in relation to the act     1,059        

for which the child was adjudicated a delinquent child, the court  1,060        

shall commit the child to the legal custody of the department of   1,062        

youth services for institutionalization in a secure facility for                

a period of not less than one year or more than three years,       1,063        

subject to division (A)(7)(c) of this section.                     1,064        

      (c)  The court shall not commit a child to the legal         1,067        

custody of the department of youth services pursuant to division   1,068        

(A)(7)(a) or (b) of this section for a period of time that         1,069        

exceeds three years.  The period of commitment imposed pursuant    1,070        

to division (A)(7)(a) or (b) of this section shall be in addition  1,071        

to, and shall be served consecutively with and prior to, a period  1,072        

of commitment ordered pursuant to division (A)(4), (5), or (6) of  1,073        

this section, provided that the total of all the periods of        1,074        

commitment shall not exceed the child's attainment of twenty-one   1,075        

                                                          26     


                                                                 
years of age.                                                                   

      (8)(a)  Impose a fine and costs in accordance with the       1,078        

schedule set forth in section 2151.3512 of the Revised Code;                    

      (b)  Require the child to make restitution for all or part   1,080        

of the property damage caused by the child's delinquent act and    1,081        

for all or part of the value of the property that was the subject  1,082        

of any delinquent act the child committed that would be a theft    1,083        

offense, as defined in division (K) of section 2913.01 of the      1,084        

Revised Code, if committed by an adult.  If the court determines   1,085        

that the victim of the child's delinquent act was sixty-five       1,086        

years of age or older or permanently and totally disabled at the   1,087        

time of the commission of the act, the court, regardless of        1,088        

whether or not the child knew the age of the victim, shall         1,089        

consider that fact in favor of imposing restitution, but that      1,090        

fact shall not control the decision of the court.  The             1,091        

restitution may be in the form of a cash reimbursement paid in a   1,092        

lump sum or in installments, the performance of repair work to     1,093        

restore any damaged property to its original condition, the        1,094        

performance of a reasonable amount of labor for the victim, the    1,095        

performance of community service or community work, any other      1,096        

form of restitution devised by the court, or any combination of    1,097        

the previously described forms of restitution.                     1,098        

      (9)  Subject to division (D) of this section, suspend or     1,101        

revoke the driver's license, probationary driver's license, or     1,102        

temporary instruction permit issued to the child or suspend or     1,103        

revoke the registration of all motor vehicles registered in the    1,104        

name of the child.  A child whose license or permit is so          1,105        

suspended or revoked is ineligible for issuance of a license or    1,106        

permit during the period of suspension or revocation.  At the end  1,107        

of the period of suspension or revocation, the child shall not be  1,108        

reissued a license or permit until the child has paid any          1,109        

applicable reinstatement fee and complied with all requirements    1,110        

governing license reinstatement.                                                

      (10)  If the child is adjudicated a delinquent child for     1,112        

                                                          27     


                                                                 
committing an act that, if committed by an adult, would be a       1,114        

criminal offense that would qualify the adult as an eligible                    

offender pursuant to division (A)(3) of section 2929.23 of the     1,115        

Revised Code, impose a period of electronically monitored house    1,116        

detention in accordance with division (I) of this section that     1,118        

does not exceed the maximum sentence of imprisonment that could    1,119        

be imposed upon an adult who commits the same act;                 1,120        

      (11)  Impose a period of day reporting in which the child    1,122        

is required each day to report to and leave a center or other      1,123        

approved reporting location at specified times in order to         1,124        

participate in work, education or training, treatment, and other   1,125        

approved programs at the center or outside the center;             1,126        

      (12)  Impose a period of electronically monitored house      1,128        

arrest in accordance with division (I) of this section;            1,130        

      (13)  Impose a period of community service of up to five     1,132        

hundred hours;                                                     1,133        

      (14)  Impose a period in an alcohol or drug treatment        1,135        

program with a level of security for the child as determined       1,136        

necessary by the court;                                            1,137        

      (15)  Impose a period of intensive supervision, in which     1,139        

the child is required to maintain frequent contact with a person   1,140        

appointed by the court to supervise the child while the child is   1,141        

seeking or maintaining employment and participating in training,   1,142        

education, and treatment programs as the order of disposition;     1,144        

      (16)  Impose a period of basic supervision, in which the     1,146        

child is required to maintain contact with a person appointed to   1,147        

supervise the child in accordance with sanctions imposed by the    1,148        

court;                                                             1,149        

      (17)  Impose a period of drug and alcohol use monitoring;    1,152        

      (18)  Impose a period in which the court orders the child    1,154        

to observe a curfew that may involve daytime or evening hours;     1,156        

      (19)  Require the child to obtain a high school diploma, a   1,159        

certificate of high school equivalence, or employment;             1,160        

      (20)  If the court obtains the assent of the victim of the   1,163        

                                                          28     


                                                                 
criminal act committed by the child, require the child to          1,164        

participate in a reconciliation or mediation program that          1,165        

includes a meeting in which the child and the victim may discuss   1,166        

the criminal act, discuss restitution, and consider other          1,167        

sanctions for the criminal act;                                                 

      (21)  Commit the child to the temporary or permanent         1,169        

custody of the court;                                                           

      (22)  Make any further disposition that the court finds      1,171        

proper, except that the child shall not be placed in any state     1,173        

correctional institution, county, multicounty, or municipal jail   1,174        

or workhouse, or other place in which an adult convicted of a      1,176        

crime, under arrest, or charged with a crime is held (22).         1,177        

      (B)(1)  If a child is adjudicated a delinquent child for     1,180        

violating section 2923.32 of the Revised Code, the court, in       1,181        

addition to any order of disposition it makes for the child under  1,182        

division (A) of this section, shall enter an order of criminal     1,183        

forfeiture against the child in accordance with divisions (B)(3),  1,184        

(4), (5), and (6) and (C) to (F) of section 2923.32 of the         1,185        

Revised Code.                                                                   

      (2)  If a child is adjudicated a delinquent child for        1,188        

committing two or more acts that would be felonies if committed                 

by an adult and if the court entering the delinquent child         1,189        

adjudication orders the commitment of the child, for two or more   1,190        

of those acts, to the legal custody of the department of youth     1,191        

services for institutionalization or institutionalization in a     1,192        

secure facility pursuant to division (A)(4), (5), or (6) of this   1,193        

section, the court may order that all of the periods of            1,194        

commitment imposed under those divisions for those acts be served  1,196        

consecutively in the legal custody of the department of youth      1,197        

services and, if applicable, be in addition to and commence        1,198        

immediately following the expiration of a period of commitment     1,199        

that the court imposes pursuant to division (A)(7) of this         1,200        

section.  A court shall not commit a delinquent child to the       1,201        

legal custody of the department of youth services under division   1,202        

                                                          29     


                                                                 
(B)(2) of this section for a period that exceeds the child's       1,203        

attainment of twenty-one years of age.                                          

      (C)  If a child is adjudicated a delinquent child for        1,205        

committing an act that, if committed by an adult, would be a drug  1,207        

abuse offense, as defined in section 2925.01 of the Revised Code,  1,208        

or for violating division (B) of section 2917.11 of the Revised    1,209        

Code, in addition to imposing in its discretion any other order    1,210        

of disposition authorized by this section, the court shall do      1,211        

both of the following:                                                          

      (1)  Require the child to participate in a drug abuse or     1,213        

alcohol abuse counseling program;                                  1,214        

      (2)  Suspend or revoke the temporary instruction permit,     1,216        

probationary driver's license, or driver's license issued to the   1,218        

child for a period of time prescribed by the court or, at the      1,219        

discretion of the court, until the child attends and               1,220        

satisfactorily completes, a drug abuse or alcohol abuse            1,222        

education, intervention, or treatment program specified by the     1,223        

court.  During the time the child is attending the program, the    1,224        

court shall retain any temporary instruction permit, probationary  1,225        

driver's license, or driver's license issued to the child, and     1,226        

the court shall return the permit or license when the child        1,227        

satisfactorily completes the program.                              1,228        

      (D)  If a child is adjudicated a delinquent child for        1,231        

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

addition to any order of disposition it makes for the child under  1,233        

division (A), (B), or (C) of this section, shall revoke the        1,235        

temporary instruction permit and deny the child the issuance of    1,236        

another temporary instruction permit in accordance with division   1,237        

(E)(F)(1)(b) of section 2923.122 of the Revised Code or shall      1,238        

suspend the probationary driver's license, restricted license, or  1,239        

nonresident operating privilege of the child or deny the child     1,240        

the issuance of a probationary driver's license, restricted        1,241        

license, or temporary instruction permit in accordance with        1,242        

division (E)(F)(1)(a), (c), (d), or (e) of section 2923.122 of     1,243        

                                                          30     


                                                                 
the Revised Code.                                                  1,244        

      (E)(1)  At the dispositional hearing and prior to making     1,246        

any disposition pursuant to division (A) of this section, the      1,247        

court shall determine whether a victim of the delinquent act       1,248        

committed by the child was five years of age or younger at the     1,249        

time the delinquent act was committed, whether a victim of the     1,250        

delinquent act sustained physical harm to the victim's person      1,251        

during the commission of or otherwise as a result of the           1,252        

delinquent act, whether a victim of the delinquent act was         1,253        

sixty-five years of age or older or permanently and totally        1,254        

disabled at the time the delinquent act was committed, and         1,255        

whether the delinquent act would have been an offense of violence  1,256        

if committed by an adult.  If the victim was five years of age or  1,257        

younger at the time the delinquent act was committed, sustained    1,258        

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

otherwise as a result of the delinquent act, or was sixty-five     1,259        

years of age or older or permanently and totally disabled at the   1,261        

time the act was committed, regardless of whether the child knew   1,262        

the age of the victim, and if the act would have been an offense   1,263        

of violence if committed by an adult, the court shall consider     1,264        

those facts in favor of imposing commitment under division         1,265        

(A)(3), (4), (5), or (6) of this section, but those facts shall    1,266        

not control the court's decision.                                               

      (2)  At the dispositional hearing and prior to making any    1,268        

disposition pursuant to division (A)(4), (5), or (6) of this       1,269        

section, the court shall determine whether the delinquent child    1,270        

previously has been adjudicated a delinquent child for a           1,271        

violation of a law or ordinance.  If the delinquent child          1,272        

previously has been adjudicated a delinquent child for a           1,273        

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

entering an order of disposition for the delinquent child under    1,274        

this section, shall consider the previous delinquent child         1,276        

adjudication as a conviction of a violation of the law or          1,277        

ordinance in determining the degree of offense the current                      

                                                          31     


                                                                 
delinquent act would be had it been committed by an adult.         1,278        

      (F)(1)  When a juvenile court commits a delinquent child to  1,280        

the custody of the department of youth services pursuant to this   1,281        

section, the court shall not designate the specific institution    1,282        

in which the department is to place the child but instead shall    1,284        

specify that the child is to be institutionalized or that the      1,285        

institutionalization is to be in a secure facility if that is                   

required by division (A) of this section.                          1,286        

      (2)  When a juvenile court commits a delinquent child to     1,288        

the custody of the department of youth services, the court shall   1,289        

provide the department with the child's medical records, a copy    1,290        

of the report of any mental examination of the child ordered by    1,292        

the court, the section or sections of the Revised Code violated    1,293        

by the child and the degree of the violation, the warrant to       1,294        

convey the child to the department, a copy of the court's journal  1,295        

entry ordering the commitment of the child to the legal custody    1,296        

of the department, a copy of the arrest record pertaining to the   1,297        

act for which the child was adjudicated a delinquent child, a      1,298        

copy of any victim impact statement pertaining to the act, and     1,299        

any other information concerning the child that the department     1,300        

reasonably requests.  The court also shall complete the form for   1,301        

the standard disposition investigation report that is developed    1,303        

and furnished by the department of youth services pursuant to      1,304        

section 5139.04 of the Revised Code and provide the department                  

with the completed form.  The department may refuse to accept      1,305        

physical custody of a delinquent child who is committed to the     1,307        

legal custody of the department until the court provides to the    1,308        

department the documents specified in division (F)(2) of this      1,309        

section.  No officer or employee of the department who refuses to  1,310        

accept physical custody of a delinquent child who is committed to  1,311        

the legal custody of the department shall be subject to                         

prosecution or contempt of court for the refusal if the court      1,312        

fails to provide the documents specified in division (F)(2) of     1,313        

this section at the time the court transfers the physical custody  1,314        

                                                          32     


                                                                 
of the child to the department.                                    1,315        

      (3)  Within twenty working days after the department of      1,317        

youth services receives physical custody of a delinquent child     1,318        

from a juvenile court, the court shall provide the department      1,319        

with a certified copy of the child's birth certificate or the      1,321        

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

reasonable efforts to obtain the information but was               1,322        

unsuccessful, the court shall provide the department with          1,323        

documentation of the efforts it made to obtain the information.    1,324        

      (4)  When a juvenile court commits a delinquent child to     1,326        

the custody of the department of youth services, the court shall   1,327        

give notice to the school attended by the child of the child's     1,328        

commitment by sending to that school a copy of the court's         1,329        

journal entry ordering the commitment.  As soon as possible after  1,330        

receipt of the notice described in this division, the school       1,331        

shall provide the department with the child's school transcript.   1,332        

However, the department shall not refuse to accept a child         1,333        

committed to it, and a child committed to it shall not be held in  1,334        

a county or district detention home, because of a school's         1,335        

failure to provide the school transcript that it is required to    1,336        

provide under division (F)(4) of this section.                     1,337        

      (5)  The department of youth services shall provide the      1,339        

court and the school with an updated copy of the child's school    1,340        

transcript and shall provide the court with a summary of the       1,341        

institutional record of the child when it releases the child from  1,342        

institutional care.  The department also shall provide the court   1,343        

with a copy of any portion of the child's institutional record     1,344        

that the court specifically requests within five working days of   1,345        

the request.                                                                    

      (6)  When a juvenile court commits a delinquent child to     1,347        

the custody of the department of youth services pursuant to        1,348        

division (A)(4) or (5) of this section, the court shall state in   1,349        

the order of commitment the total number of days that the child    1,350        

has been held, as of the date of the issuance of the order, in     1,351        

                                                          33     


                                                                 
detention in connection with the delinquent child complaint upon   1,352        

which the order of commitment is based.  The department shall      1,354        

reduce the minimum period of institutionalization or minimum       1,355        

period of institutionalization in a secure facility specified in   1,356        

division (A)(4) or (5) of this section by both the total number    1,357        

of days that the child has been so held in detention as stated by  1,358        

the court in the order of commitment and the total number of any   1,359        

additional days that the child has been held in detention          1,360        

subsequent to the order of commitment but prior to the transfer    1,361        

of physical custody of the child to the department.                             

      (G)(1)  At any hearing at which a child is adjudicated a     1,364        

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

court shall notify all victims of the delinquent act, who may be   1,365        

entitled to a recovery under any of the following sections, of     1,366        

the right of the victims to recover, pursuant to section 3109.09   1,367        

of the Revised Code, compensatory damages from the child's         1,368        

parents; of the right of the victims to recover, pursuant to       1,369        

section 3109.10 of the Revised Code, compensatory damages from     1,370        

the child's parents for willful and malicious assaults committed   1,371        

by the child; and of the right of the victims to recover an award  1,372        

of reparations pursuant to sections 2743.51 to 2743.72 of the      1,373        

Revised Code.                                                      1,374        

      (2)  If a child is adjudicated a delinquent child for        1,377        

committing an act that, if committed by an adult, would be         1,378        

aggravated murder, murder, rape, felonious sexual penetration in                

violation of former section 2907.12 of the Revised Code,           1,379        

involuntary manslaughter, a felony of the first or second degree   1,381        

resulting in the death of or physical harm to a person,            1,382        

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   1,383        

or was substantially equivalent to any of those offenses and if    1,384        

the court in its order of disposition for that act commits the     1,385        

child to the custody of the department of youth services, the      1,386        

court may make a specific finding that the adjudication should be  1,387        

                                                          34     


                                                                 
considered a conviction for purposes of a determination in the     1,388        

future, pursuant to Chapter 2929. of the Revised Code, as to       1,389        

whether the child is a repeat violent offender as defined in       1,390        

section 2929.01 of the Revised Code.  If the court makes a         1,391        

specific finding as described in this division, it shall include   1,392        

the specific finding in its order of disposition and in the        1,393        

record in the case.                                                             

      (H)(1)  If a child is adjudicated a delinquent child for     1,395        

committing an act that would be a felony OR OFFENSE OF VIOLENCE    1,396        

if committed by an adult and if the child caused, attempted to     1,398        

cause, threatened to cause, or created the risk of physical harm   1,399        

to the victim of the act, the court, prior to issuing an order of  1,400        

disposition under this section, shall order the preparation of a   1,401        

victim impact statement by the probation department of the county  1,402        

in which the victim of the act resides, by the court's own         1,403        

probation department, or by a victim assistance program that is    1,404        

operated by the state, a county, a municipal corporation, or       1,405        

another governmental entity.  The court shall consider the victim  1,406        

impact statement in determining the order of disposition to issue  1,407        

for the child.                                                     1,408        

      (2)  Each victim impact statement shall identify the victim  1,410        

of the act for which the child was adjudicated a delinquent        1,411        

child, itemize any economic loss suffered by the victim as a       1,412        

result of the act, identify any physical injury suffered by the    1,413        

victim as a result of the act and the seriousness and permanence   1,414        

of the injury, identify any change in the victim's personal        1,415        

welfare or familial relationships as a result of the act and any   1,416        

psychological impact experienced by the victim or the victim's     1,417        

family as a result of the act, and contain any other information   1,418        

related to the impact of the act upon the victim that the court    1,419        

requires.                                                          1,420        

      (3)  A victim impact statement shall be kept confidential    1,422        

and is not a public record, as defined in section 149.43 of the    1,423        

Revised Code.  However, the court may furnish copies of the        1,424        

                                                          35     


                                                                 
statement to the department of youth services pursuant to          1,425        

division (F)(3) of this section or to both the adjudicated         1,426        

delinquent child or the adjudicated delinquent child's counsel     1,427        

and the prosecuting attorney.  The copy of a victim impact         1,429        

statement furnished by the court to the department pursuant to     1,430        

division (F)(3) of this section shall be kept confidential and is  1,431        

not a public record, as defined in section 149.43 of the Revised   1,432        

Code.  The copies of a victim impact statement that are made       1,433        

available to the adjudicated delinquent child or the adjudicated   1,434        

delinquent child's counsel and the prosecuting attorney pursuant   1,436        

to division (H)(3) of this section shall be returned to the court  1,439        

by the person to whom they were made available immediately         1,440        

following the imposition of an order of disposition for the child  1,441        

under this section.                                                             

      (I)(1)  As used in division (I)(2) of this section, "felony  1,443        

drug abuse offense" has the same meaning as in section 2925.01 of  1,444        

the Revised Code.                                                  1,445        

      (2)  Sections 2925.41 to 2925.45 of the Revised Code apply   1,447        

to children who are adjudicated or could be adjudicated by a       1,448        

juvenile court to be delinquent children for an act that, if       1,449        

committed by an adult, would be a felony drug abuse offense.       1,450        

Subject to division (B) of section 2925.42 and division (E) of     1,451        

section 2925.43 of the Revised Code, a delinquent child of that    1,452        

nature loses any right to the possession of, and forfeits to the   1,453        

state any right, title, and interest that the delinquent child     1,454        

may have in, property as defined in section 2925.41 and further    1,455        

described in section 2925.42 or 2925.43 of the Revised Code.       1,456        

      (3)  Sections 2923.44 to 2923.47 of the Revised Code apply   1,459        

to children who are adjudicated or could be adjudicated by a       1,460        

juvenile court to be delinquent children for an act in violation   1,461        

of section 2923.42 of the Revised Code.  Subject to division (B)   1,463        

of section 2923.44 and division (E) of section 2923.45 of the      1,464        

Revised Code, a delinquent child of that nature loses any right    1,465        

to the possession of, and forfeits to the state any right, title,               

                                                          36     


                                                                 
and interest that the delinquent child may have in, property as    1,466        

defined in section 2923.41 of the Revised Code and further         1,467        

described in section 2923.44 or 2923.45 of the Revised Code.       1,468        

      (J)(1)  As used in this section:                             1,470        

      (a)  "Electronic monitoring device," "certified electronic   1,472        

monitoring device," "electronic monitoring system," and            1,473        

"certified electronic monitoring system" have the same meanings    1,474        

as in section 2929.23 of the Revised Code.                         1,475        

      (b)  "Electronically monitored house detention" means a      1,477        

period of confinement of a child in the child's home or in other   1,478        

premises specified by the court, during which period of            1,480        

confinement all of the following apply:                            1,481        

      (i)  The child wears, otherwise has attached to the child's  1,483        

person, or otherwise is subject to monitoring by a certified       1,484        

electronic monitoring device or is subject to monitoring by a      1,485        

certified electronic monitoring system.                            1,486        

      (ii)  The child is required to remain in the child's home    1,488        

or other premises specified by the court for the specified period  1,489        

of confinement, except for periods of time during which the child  1,490        

is at school or at other premises as authorized by the court.      1,491        

      (iii)  The child is subject to monitoring by a central       1,493        

system that monitors the certified electronic monitoring device    1,494        

that is attached to the child's person or that otherwise is being  1,495        

used to monitor the child and that can monitor and determine the   1,497        

child's location at any time or at a designated point in time, or  1,498        

the child is required to participate in monitoring by a certified  1,500        

electronic monitoring system.                                      1,501        

      (iv)  The child is required by the court to report           1,503        

periodically to a person designated by the court.                  1,504        

      (v)  The child is subject to any other restrictions and      1,506        

requirements that may be imposed by the court.                     1,507        

      (2)  A juvenile court, pursuant to division (A)(10) of this  1,509        

section, may impose a period of electronically monitored house     1,510        

detention upon a child who is adjudicated a delinquent child for   1,511        

                                                          37     


                                                                 
committing an act that, if committed by an adult, would be a       1,512        

criminal offense that would qualify the adult as an eligible       1,513        

offender pursuant to division (A)(3) of section 2929.23 of the     1,514        

Revised Code.  The court may impose a period of electronically     1,515        

monitored house detention in addition to or in lieu of any other   1,516        

dispositional order imposed upon the child, except that any        1,517        

period of electronically monitored house detention shall not       1,518        

extend beyond the child's eighteenth birthday.  If a court         1,519        

imposes a period of electronically monitored house detention upon  1,520        

a child, it shall require the child to wear, otherwise have        1,521        

attached to the child's person, or otherwise be subject to         1,522        

monitoring by a certified electronic monitoring device or to       1,524        

participate in the operation of and monitoring by a certified      1,525        

electronic monitoring system; to remain in the child's home or     1,526        

other specified premises for the entire period of electronically   1,528        

monitored house detention except when the court permits the child  1,529        

to leave those premises to go to school or to other specified      1,530        

premises; to be monitored by a central system that monitors the    1,531        

certified electronic monitoring device that is attached to the     1,532        

child's person or that otherwise is being used to monitor the      1,533        

child and that can monitor and determine the child's location at   1,534        

any time or at a designated point in time or to be monitored by    1,535        

the certified electronic monitoring system; to report              1,536        

periodically to a person designated by the court; and, in return   1,537        

for receiving a dispositional order of electronically monitored    1,538        

house detention, to enter into a written contract with the court   1,539        

agreeing to comply with all restrictions and requirements imposed  1,540        

by the court, agreeing to pay any fee imposed by the court for     1,541        

the costs of the electronically monitored house detention imposed  1,542        

by the court pursuant to division (E) of section 2929.23 of the    1,543        

Revised Code, and agreeing to waive the right to receive credit    1,544        

for any time served on electronically monitored house detention    1,545        

toward the period of any other dispositional order imposed upon    1,546        

the child for the act for which the dispositional order of         1,547        

                                                          38     


                                                                 
electronically monitored house detention was imposed if the child  1,548        

violates any of the restrictions or requirements of the            1,549        

dispositional order of electronically monitored house detention.   1,550        

The court also may impose other reasonable restrictions and        1,551        

requirements upon the child.                                                    

      (3)  If a child violates any of the restrictions or          1,553        

requirements imposed upon the child as part of the child's         1,554        

dispositional order of electronically monitored house detention,   1,555        

the child shall not receive credit for any time served on          1,556        

electronically monitored house detention toward any other          1,557        

dispositional order imposed upon the child for the act for which   1,558        

the dispositional order of electronically monitored house          1,560        

detention was imposed.                                                          

      (K)  Within ten days after completion of the adjudication,   1,562        

the court shall give written notice of an adjudication that a      1,563        

child is a delinquent child to the superintendent of a city,       1,564        

local, exempted village, or joint vocational school district if    1,565        

the basis of the adjudication was the commission of an act that    1,566        

would be a criminal offense if committed by an adult and that was  1,567        

committed by the delinquent child when the child was sixteen       1,568        

years of age or older and if the act is any of the following:      1,569        

      (1)  A violation of section 2923.122 of the Revised Code     1,571        

that relates to property owned or controlled by, or to an          1,572        

activity held under the auspices of, the board of education of     1,573        

that school district;                                              1,574        

      (2)  A violation of section 2923.12 of the Revised Code or   1,576        

of a substantially similar municipal ordinance that was committed  1,577        

on property owned or controlled by, or at an activity held under   1,578        

the auspices of, the board of education of that school district;   1,579        

      (3)  A violation of division (A) of section 2925.03 or       1,581        

2925.11 of the Revised Code that was committed on property owned   1,582        

or controlled by, or at an activity held under the auspices of,    1,583        

the board of education of that school district and that is not a   1,584        

minor drug possession offense as defined in section 2925.01 of     1,585        

                                                          39     


                                                                 
the Revised Code;                                                               

      (4)  A violation of section 2903.01, 2903.02, 2903.03,       1,587        

2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised      1,589        

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

Code, that was committed on property owned or controlled by, or    1,590        

at an activity held under the auspices of, the board of education  1,591        

of that school district, if the victim at the time of the          1,593        

commission of the act was an employee of the board of education    1,594        

of that school district;                                                        

      (5)  Complicity in any violation described in division       1,596        

(K)(1), (2), (3), or (4) of this section that was alleged to have  1,598        

been committed in the manner described in division (K)(1), (2),    1,599        

(3), or (4) of this section, regardless of whether the act of      1,601        

complicity was committed on property owned or controlled by, or    1,602        

at an activity held under the auspices of, the board of education  1,603        

of that school district.                                           1,604        

      (L)  During the period of a delinquent child's probation     1,606        

granted under division (A)(2) of this section, authorized          1,609        

probation officers who are engaged within the scope of their       1,610        

supervisory duties or responsibilities may search, with or         1,611        

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

of residence of the delinquent child, and a motor vehicle,         1,612        

another item of tangible or intangible personal property, or       1,613        

other real property in which the delinquent child has a right,     1,614        

title, or interest or for which the delinquent child has the       1,615        

express or implied permission of a person with a right, title, or  1,616        

interest to use, occupy, or possess if the probation officers      1,617        

have reasonable grounds to believe that the delinquent child is    1,618        

not abiding by the law or otherwise is not complying with the      1,619        

conditions of the delinquent child's probation.  The court that    1,620        

places a delinquent child on probation under division (A)(2) of    1,621        

this section shall provide the delinquent child with a written     1,622        

notice that informs the delinquent child that authorized           1,623        

probation officers who are engaged within the scope of their       1,624        

                                                          40     


                                                                 
supervisory duties or responsibilities may conduct those types of  1,626        

searches during the period of probation if they have reasonable                 

grounds to believe that the delinquent child is not abiding by     1,627        

the law or otherwise is not complying with the conditions of the   1,628        

delinquent child's probation.  The court also shall provide the    1,629        

written notice described in division (C)(2)(b) of section          1,630        

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

custodian of the delinquent child who is described in division     1,631        

(C)(2)(a) of that section.                                         1,632        

      Sec. 2151.38.  (A)  When a child is committed to the legal   1,641        

custody of the department of youth services, the jurisdiction of   1,642        

the juvenile court with respect to the child so committed shall    1,643        

cease and terminate at the time of commitment, except as provided  1,644        

in divisions (B), (C), and (G) of this section.  Subject to        1,646        

divisions (B) and (C) of this section, sections 2151.353 and       1,647        

2151.411 to 2151.421 of the Revised Code, and any other provision  1,648        

of law that specifies a different duration for a dispositional     1,650        

order, all other dispositional orders made by the court shall be   1,651        

temporary and shall continue for a period that is designated by    1,652        

the court in its order, until terminated or modified by the court  1,653        

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

      The release authority of the department shall not release    1,656        

the child from institutional care or institutional care in a       1,657        

secure facility and as a result shall not discharge the child or   1,659        

order the child's release on supervised release prior to the       1,660        

expiration of the prescribed minimum period of                     1,662        

institutionalization or institutionalization in a secure facility  1,663        

or prior to the child's attainment of twenty-one years of age,     1,665        

whichever is applicable under the order of commitment, except                   

upon the order of a court pursuant to division (B) or (C) of this  1,669        

section or in accordance with section 5139.54 of the Revised       1,671        

Code.                                                              1,672        

      (B)(1)  If the department of youth services desires to       1,674        

release a child during the first half of the prescribed minimum    1,675        

                                                          41     


                                                                 
term for which the child was committed to the department or, if    1,676        

the child was committed to the department until the child attains  1,678        

twenty-one years of age, during the first half of the prescribed   1,679        

period of commitment that begins on the first day of commitment    1,680        

and ends on the child's twenty-first birthday, it shall request    1,682        

the court that committed the child to the department for a                      

judicial release of the child from institutional care or           1,683        

institutional care in a secure facility.  During the first half    1,685        

of that prescribed minimum term or of that prescribed period of                 

commitment, whichever of those periods is applicable, the child    1,686        

or the parents of the child also may request that court to grant   1,687        

a judicial release of the child from institutional care or         1,688        

institutional care in a secure facility.  Upon receipt of a        1,689        

request for a judicial release from the department, the child, or  1,690        

the child's parent or upon its own motion, the court that          1,691        

committed the child shall approve the judicial release from        1,692        

institutional care or institutional care in a secure facility by   1,693        

journal entry, shall schedule within twenty days after the         1,694        

request is received a time for a hearing on whether the child is   1,695        

to be released under a judicial release, or shall reject the       1,696        

request by journal entry without conducting a hearing.  If the     1,698        

court rejects an initial request for a judicial release by the     1,699        

child or the child's parent, the child or the child's parent may   1,700        

make one additional request for a judicial release within the      1,702        

first half of the applicable prescribed minimum term or            1,703        

prescribed period of commitment.  The child or the child's parent  1,704        

may make the additional request no earlier than thirty days after  1,705        

the filing of the prior request for a judicial release.  Upon the  1,706        

filing by the child or the child's parent of a second request for  1,708        

a judicial release, the court shall either approve or disapprove                

the judicial release by journal entry or schedule within twenty    1,711        

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

whether the child is to be released under a judicial release.      1,712        

      (2)  If a court schedules a hearing under division (B)(1)    1,716        

                                                          42     


                                                                 
of this section to determine whether a child should be granted a   1,717        

judicial release, it THE COURT SHALL GIVE NOTICE OF THE HEARING    1,718        

TO THE PROSECUTOR INVOLVED IN THE CASE.  IN ACCORDANCE WITH        1,719        

SECTION 2930.16 OF THE REVISED CODE AND IF THE VICTIM HAS          1,721        

REQUESTED NOTIFICATION, THE PROSECUTOR SHALL GIVE NOTICE OF THE    1,722        

HEARING TO THE VICTIM OF THE DELINQUENT ACT FOR WHICH THE CHILD'S  1,724        

COMMITMENT TO THE LEGAL CUSTODY OF THE DEPARTMENT WAS IMPOSED.                  

THE COURT may order the department to deliver the child to the     1,726        

court on the date set for the hearing and may order the            1,727        

department to present to the court a report on the child's         1,728        

progress in the institution to which the child was committed and   1,729        

recommendations for terms and conditions of supervision of the     1,730        

child by the court after release.  The court may conduct the       1,731        

hearing without the child being present.  THE COURT SHALL          1,732        

CONSIDER ANY STATEMENT OF A VICTIM MADE PURSUANT TO SECTION        1,733        

2930.14 OR 2930.17 OF THE REVISED CODE AND ANY VICTIM IMPACT       1,735        

STATEMENT PREPARED PURSUANT TO SECTION 2151.355 OF THE REVISED     1,738        

CODE.  The court shall determine at the hearing whether the child  1,739        

should be granted a judicial release from institutionalization or               

institutionalization in a secure facility.  AFTER MAKING A         1,740        

DETERMINATION, THE COURT SHALL NOTIFY THE VICTIM OF THE            1,742        

DETERMINATION IN ACCORDANCE WITH SECTIONS 2930.03 AND 2930.16 OF   1,743        

THE REVISED CODE.  If the court approves the judicial release,     1,745        

the court shall order its staff to prepare a written treatment     1,746        

and rehabilitation plan for the child that may include any terms   1,747        

and conditions of the child's release that were recommended by     1,748        

the department and approved by the court.  The committing court    1,749        

shall send the juvenile court of the county in which the child is  1,750        

placed a copy of the recommended plan and the terms and            1,751        

conditions set by the committing court.  The court of the county   1,753        

in which the child is placed may adopt the recommended terms and   1,754        

conditions set by the committing court as an order of the court    1,755        

and may add any additional consistent terms and conditions it      1,756        

considers appropriate.  If a child is granted a judicial release,  1,757        

                                                          43     


                                                                 
the judicial release discharges the child from the custody of the               

department of youth services.                                      1,758        

      (C)(1)  If a child is committed to the department of youth   1,760        

services and has been in institutional care or institutional care  1,761        

in a secure facility for more than one-half of the prescribed      1,762        

minimum term for which the child was committed or, if the child    1,763        

was committed to the department until the child attains            1,764        

twenty-one years of age, for more than one-half of the prescribed  1,765        

period of commitment that begins on the first day of commitment    1,766        

and ends on the child's twenty-first birthday, if the prescribed   1,767        

minimum period of institutionalization or other statutorily        1,769        

required period of institutionalization has not expired, and if    1,770        

the department of youth services desires to release the child      1,772        

from institutional care or institutional care in a secure          1,773        

facility, it shall request the court that committed the child for  1,774        

an early release from institutional care or institutional care in  1,775        

a secure facility.                                                              

      During the applicable period commencing upon the expiration  1,777        

of the first half of that prescribed minimum term or prescribed    1,779        

period of commitment and ending upon the expiration of the         1,781        

required minimum or other period of institutionalization or        1,782        

institutionalization in a secure facility, the child or the        1,784        

child's parent also may request the court that committed the       1,785        

child to grant an early release.  Upon the receipt of a request    1,786        

from the department, the child, or the child's parent or upon its  1,787        

own motion at any time during that period, the court shall         1,788        

approve the early release by journal entry, shall schedule a time  1,789        

within thirty days after receipt of the request for a hearing on   1,790        

whether the child is to be released, or shall reject the request   1,792        

by journal entry without conducting a hearing.  If the court       1,793        

rejects an initial request for early release by the child or the   1,794        

child's parents, within the period prescribed in division (C)(1)   1,795        

of this section, the child or the child's parent may make one or   1,796        

more subsequent requests for early release but may make no more    1,797        

                                                          44     


                                                                 
than one request for early release during each period of ninety    1,798        

days that the child is institutionalized or institutionalized in   1,799        

a secure facility after the filing of a prior request for early    1,800        

release.  Upon the filing of a request for early release           1,801        

subsequent to an initial request, the court shall either approve   1,802        

or disapprove the early release by journal entry or schedule a     1,803        

time within thirty days after receipt of the request for a         1,804        

hearing on whether the child is to be released.                    1,805        

      (2)  If a court schedules a hearing under division (C)(1)    1,808        

of this section to determine whether a child committed to the      1,809        

department should be granted an early release, it THE COURT SHALL  1,810        

GIVE NOTICE OF THE HEARING TO THE PROSECUTOR INVOLVED IN THE       1,811        

CASE.  IN ACCORDANCE WITH SECTION 2930.16 OF THE REVISED CODE AND  1,813        

IF THE VICTIM HAS REQUESTED NOTIFICATION, THE PROSECUTOR SHALL     1,814        

GIVE NOTICE OF THE HEARING TO THE VICTIM OF THE DELINQUENT ACT     1,815        

FOR WHICH THE CHILD'S COMMITMENT TO THE LEGAL CUSTODY OF THE       1,816        

DEPARTMENT WAS IMPOSED.  THE COURT may order the department to     1,817        

deliver the child to the court on the date set for the hearing     1,818        

and shall order the department to present to the court at that     1,819        

time a treatment plan for the child's post-institutional care.     1,820        

The court may conduct the hearing without the child being          1,821        

present.  THE COURT SHALL CONSIDER ANY STATEMENT OF A VICTIM MADE  1,822        

PURSUANT TO SECTION 2930.14 OR 2930.17 OF THE REVISED CODE AND     1,825        

ANY VICTIM IMPACT STATEMENT PREPARED PURSUANT TO SECTION 2151.355  1,826        

OF THE REVISED CODE.  The court shall determine at the hearing     1,829        

whether the child should be granted an early release from          1,831        

institutionalization or institutionalization in a secure                        

facility.  AFTER MAKING A DETERMINATION, THE COURT SHALL NOTIFY    1,832        

THE VICTIM OF THE DETERMINATION IN ACCORDANCE WITH SECTIONS        1,833        

2930.03 AND 2930.16 OF THE REVISED CODE.  If the court approves    1,835        

the early release, the department shall prepare a written          1,836        

treatment and rehabilitation plan for the child pursuant to        1,837        

division (E) of this section that shall include the terms and      1,839        

conditions of the child's release.  It shall send the committing   1,840        

                                                          45     


                                                                 
court and the juvenile court of the county in which the child is   1,841        

placed a copy of the plan and the terms and conditions that it     1,842        

fixed.  The court of the county in which the child is placed may   1,843        

adopt the terms and conditions set by the department as an order   1,844        

of the court and may add any additional consistent terms and       1,846        

conditions it considers appropriate, provided that the court may   1,847        

not add any term or condition that decreases the level or degree   1,848        

of supervision specified by the department in its plan, that       1,849        

substantially increases the financial burden of supervision that   1,850        

will be experienced by the department, or that alters the          1,851        

placement specified by the department in its plan.  If the court   1,852        

of the county in which the child is placed adds to the             1,853        

department's plan any additional terms and conditions, it shall    1,854        

enter those additional terms and conditions in its journal and     1,855        

shall send to the department a copy of the journal entry of the    1,856        

additional terms and conditions.                                   1,857        

      (3)  If the court approves or grants an early release for a  1,860        

child under division (C)(1) or (2) of this section, the actual     1,862        

date on which the department of youth services shall release the   1,863        

child from institutional care or institutional care in a secure    1,864        

facility is contingent upon the department finding a suitable      1,865        

placement for the child.  If the child is to be returned to the    1,866        

child's home, the department shall return the child to the home    1,867        

on the date that the court schedules for the child's release or    1,868        

shall bear the expense of any additional time that the child       1,869        

remains in institutional care or institutional care in a secure    1,870        

facility.  If the child is unable to return to the child's home,   1,871        

the department shall exercise reasonable diligence in finding a    1,872        

suitable placement for the child, and the child shall remain in    1,873        

institutional care or institutional care in a secure facility      1,874        

while the department finds the suitable placement.                 1,875        

      (D)  If a child is released under division (B) or (C) of     1,878        

this section and the court of the county in which the child is     1,879        

placed has reason to believe that the child's deportment is not    1,880        

                                                          46     


                                                                 
in accordance with the post-release terms and conditions of the    1,882        

child's judicial release or early release, the court of the        1,883        

county in which the child is placed shall schedule a time for a    1,884        

hearing to determine whether the child violated any of the         1,886        

post-release terms and conditions, and, if the child was released  1,887        

under division (C) of this section, divisions (A) to (E) of        1,888        

section 5139.52 of the Revised Code apply regarding the child.     1,889        

If that court determines at the hearing that the child violated    1,891        

any of the post-release terms and conditions, the court, if it     1,892        

determines that the violation of the terms and conditions was a    1,894        

serious violation, may order the child to be returned to the       1,895        

department for institutionalization or institutionalization in a   1,896        

secure facility, consistent with the original order of commitment  1,897        

of the child, or in any case may make any other disposition of     1,898        

the child authorized by law that the court considers proper.  If   1,899        

the court of the county in which the child is placed orders the    1,900        

child to be returned to a department of youth services             1,901        

institution, the time during which the child was                   1,902        

institutionalized or institutionalized in a secure facility prior  1,903        

to the child's judicial release or early release shall be          1,905        

considered as time served in fulfilling the prescribed minimum     1,906        

period or prescribed period of institutionalization or                          

institutionalization in a secure facility that is applicable to    1,908        

the child under the child's original order of commitment.  If the  1,909        

court orders the child returned to a department of youth services  1,910        

institution, the child shall remain in institutional care for a    1,911        

minimum period of three months or until the child successfully     1,912        

completes a revocation program of a duration of not less than      1,914        

thirty days operated either by the department or by an entity      1,915        

with whom the department has contracted to provide a revocation    1,917        

program.                                                                        

      (E)  The department of youth services, prior to the release  1,919        

of a child pursuant to division (C) of this section, shall do all  1,921        

of the following:                                                               

                                                          47     


                                                                 
      (1)  After reviewing the child's rehabilitative progress     1,923        

history and medical and educational records, prepare a written     1,924        

treatment and rehabilitation plan for the child that shall         1,925        

include terms and conditions of the release;                       1,926        

      (2)  Completely discuss the terms and conditions of the      1,928        

plan prepared pursuant to division (E)(1) of this section and the  1,930        

possible penalties for violation of the plan with the child and    1,931        

the child's parents, guardian, or legal custodian;                 1,932        

      (3)  Have the plan prepared pursuant to division (E)(1) of   1,935        

this section signed by the child, the child's parents, legal       1,936        

guardian, or custodian, and any authority or person that is to     1,938        

supervise, control, and provide supportive assistance to the       1,939        

child at the time of the child's release pursuant to division (C)  1,940        

of this section;                                                   1,941        

      (4)  File a copy of the treatment plan prepared pursuant to  1,943        

division (E)(1) of this section, prior to the child's release,     1,945        

with the committing court and the juvenile court of the county in  1,946        

which the child is to be placed.                                   1,947        

      (F)  The department of youth services shall file a written   1,949        

progress report with the committing court regarding each child     1,950        

released pursuant to division (C) of this section, at least once   1,952        

every thirty days unless specifically directed otherwise by the    1,953        

court.  The report shall indicate the treatment and                1,954        

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

applicable, and shall include any suggestions and recommendations  1,955        

for alteration of the program, custody, living arrangements, or    1,956        

treatment.  The department shall retain legal custody of a child   1,957        

so released until it discharges the child or until the custody is  1,958        

terminated as otherwise provided by law.                           1,959        

      (G)(1)  As used in division (G)(2) of this section,          1,963        

"release authority" and "supervised release" have the same         1,964        

meanings as in section 5139.01 of the Revised Code.                1,965        

      (2)  When a child is committed to the legal custody of the   1,967        

department of youth services, the court retains jurisdiction to    1,968        

                                                          48     


                                                                 
perform the functions specified in section 5139.51 of the Revised  1,970        

Code with respect to the granting of supervised release by the     1,972        

release authority and to perform the functions specified in        1,973        

section 5139.52 of the Revised Code with respect to violations of  1,976        

the terms and conditions of supervised release granted by the                   

release authority and to the revocation of supervised release      1,978        

granted by the release authority.                                               

      Sec. 2930.01.  As used in this chapter:                      1,987        

      (A)(1)  "Crime" means, subject to division (A)(2) of this    1,990        

section, any of the following:                                                  

      (a)  A felony;                                               1,992        

      (b)  A violation of section 2903.05, 2903.07, 2903.13,       1,994        

2903.21, 2903.211, 2903.22, 2907.06, 2919.25, or 2921.04 of the    1,995        

Revised Code or a violation of a substantially equivalent          1,996        

municipal ordinance;                                               1,997        

      (c)  AN ACT COMMITTED BY A CHILD THAT IF COMMITTED BY AN     1,999        

ADULT WOULD BE A FELONY;                                           2,000        

      (d)  AN ACT COMMITTED BY A CHILD THAT IS A VIOLATION OF A    2,002        

SECTION LISTED IN DIVISION (A)(1)(b) OF THIS SECTION OR IS A       2,003        

VIOLATION OF A SUBSTANTIALLY EQUIVALENT MUNICIPAL ORDINANCE.       2,004        

      (2)  "Crime" does not mean an act for which an adjudication  2,007        

hearing is or may be held in a juvenile court AS USED IN           2,008        

DIVISIONS (A)(1)(c) AND (d) OF THIS SECTION, "CHILD" HAS THE SAME  2,010        

MEANING AS IN SECTION 2151.011 OF THE REVISED CODE.                2,012        

      (B)  "Custodial agency" means the ONE OF THE FOLLOWING:      2,014        

      (1)  THE entity that has custody of a defendant who is       2,017        

incarcerated for a crime or who is detained after a finding of     2,018        

incompetence to stand trial or not guilty by reason of insanity                 

relative to a crime, including any of the following:               2,020        

      (1)(a)  The department of rehabilitation and correction or   2,022        

the adult parole authority;                                        2,024        

      (2)(b)  A county sheriff;                                    2,026        

      (3)(c)  The entity that administers a jail, as defined in    2,028        

section 2929.01 of the Revised Code;                               2,030        

                                                          49     


                                                                 
      (4)(d)  The entity that administers a community-based        2,032        

correctional facility and program or a district community-based    2,034        

correctional facility and program;                                 2,035        

      (5)(e)  The department of mental health or other entity to   2,039        

which a defendant found incompetent to stand trial or not guilty   2,040        

by reason of insanity is committed.                                             

      (2)  THE ENTITY THAT HAS CUSTODY OF A DEFENDANT PURSUANT TO  2,043        

AN ORDER OF DISPOSITION OF A JUVENILE COURT, INCLUDING THE         2,044        

DEPARTMENT OF YOUTH SERVICES OR A SCHOOL, CAMP, INSTITUTION, OR    2,045        

OTHER FACILITY OPERATED FOR THE CARE OF DELINQUENT CHILDREN.       2,046        

      (C)  "Defendant" means a ONE OF THE FOLLOWING:               2,048        

      (1)  A person who is alleged to be the perpetrator of a      2,050        

crime in a police report or in a complaint, indictment, or         2,053        

information that charges the commission of a crime and that        2,054        

provides the basis for the criminal prosecution and subsequent     2,055        

proceedings to which this chapter makes reference;                              

      (2)  A CHILD WHO IS ALLEGED TO HAVE COMMITTED A CRIME IN A   2,058        

POLICE REPORT OR IN A COMPLAINT IN JUVENILE COURT THAT CHARGES     2,059        

THE COMMISSION OF A CRIME AND THAT PROVIDES THE BASIS FOR THE      2,060        

DELINQUENCY PROCEEDING AND ALL SUBSEQUENT PROCEEDINGS TO WHICH                  

THIS CHAPTER MAKES REFERENCE.                                      2,062        

      (D)  "Member of the victim's family" means a spouse, child,  2,064        

stepchild, sibling, parent, stepparent, grandparent, or other      2,065        

relative of a victim but does not include a person who is charged  2,067        

with or, convicted of, OR ADJUDICATED TO BE A DELINQUENT CHILD     2,068        

FOR the crime against the victim or another crime arising from     2,069        

the same conduct, criminal episode, or plan.                       2,070        

      (E)  "Prosecutor" has MEANS ONE OF THE FOLLOWING:            2,072        

      (1)  WITH RESPECT TO A CRIMINAL CASE, IT HAS the same        2,074        

meaning as in section 2935.01 of the Revised Code and also         2,076        

includes the attorney general and, when appropriate, the           2,077        

employees of any person listed in section 2935.01 of the Revised   2,078        

Code or of the attorney general.                                   2,079        

      (2)  WITH RESPECT TO A DELINQUENCY PROCEEDING, IT INCLUDES   2,081        

                                                          50     


                                                                 
ANY PERSON LISTED IN DIVISION (C) OF SECTION 2935.01 OF THE        2,083        

REVISED CODE OR AN EMPLOYEE OF A PERSON LISTED IN THAT DIVISION    2,084        

WHO PROSECUTES A DELINQUENCY PROCEEDING.                           2,085        

      (F)  "Public agency" means an office, agency, department,    2,087        

bureau, or other governmental entity of the state or of a          2,089        

political subdivision of the state.                                             

      (G)  "Public official" has the same meaning as in section    2,091        

2921.01 of the Revised Code.                                       2,092        

      (H)  "Victim" means a person who is identified as the        2,094        

victim of a crime in a police report or in a complaint,            2,095        

indictment, or information that charges the commission of a crime  2,096        

and that provides the basis for the criminal prosecution OR        2,098        

DELINQUENCY PROCEEDING and subsequent proceedings to which this    2,099        

chapter makes reference.                                           2,100        

      (I)  "Victim's representative" means a member of the         2,102        

victim's family or another person who pursuant to the authority    2,103        

of section 2930.02 of the Revised Code exercises the rights of a   2,104        

victim under this chapter.                                                      

      (J)  "COURT" MEANS A COURT OF COMMON PLEAS, JUVENILE COURT,  2,106        

MUNICIPAL COURT, OR COUNTY COURT.                                  2,107        

      (K)  "DELINQUENCY PROCEEDING" MEANS ALL PROCEEDINGS IN A     2,109        

JUVENILE COURT THAT ARE RELATED TO A CASE IN WHICH A COMPLAINT     2,110        

HAS BEEN FILED ALLEGING THAT A CHILD IS A DELINQUENT CHILD.        2,111        

      (L)  "CASE" MEANS A DELINQUENCY PROCEEDING AND ALL RELATED   2,113        

ACTIVITY OR A CRIMINAL PROSECUTION AND ALL RELATED ACTIVITY.       2,114        

      (M)  THE "DEFENSE" MEANS THE DEFENSE AGAINST CRIMINAL        2,116        

CHARGES IN A CRIMINAL PROSECUTION OR THE DEFENSE AGAINST A         2,117        

DELINQUENT CHILD COMPLAINT IN A DELINQUENCY PROCEEDING.            2,118        

      (N)  THE "PROSECUTION" MEANS THE PROSECUTION OF CRIMINAL     2,120        

CHARGES IN A CRIMINAL PROSECUTION OR THE PROSECUTION OF A          2,121        

DELINQUENT CHILD COMPLAINT IN A DELINQUENCY PROCEEDING.            2,122        

      Sec. 2930.02.  (A)  If a victim is a minor or is             2,131        

incapacitated, incompetent, or deceased, or if the victim chooses  2,132        

to designate another person, a member of a victim's family or      2,133        

                                                          51     


                                                                 
another person may exercise the rights of the victim under this    2,134        

chapter as the victim's representative.                            2,135        

      If more than one person seeks to act as the victim's         2,137        

representative for a particular victim, the court in which the     2,139        

crime CRIMINAL PROSECUTION OR DELINQUENCY PROCEEDING is                         

prosecuted HELD shall designate one of those persons as the        2,140        

victim's representative.  If a victim does not want to have        2,142        

anyone act as the victim's representative, the court shall order   2,143        

that only the victim may exercise the rights of a victim under     2,144        

this chapter.                                                                   

      (B)  If pursuant to division (A) of this section a victim's  2,146        

representative is to exercise the rights of a victim, the victim   2,148        

or victim's representative shall notify the prosecutor that the    2,149        

victim's representative is to act for the victim.  When a victim   2,150        

or victim's representative has so notified the prosecutor, all     2,151        

notice under this chapter shall be sent only to the victim's       2,152        

representative, all rights under this chapter shall be granted     2,153        

only to the victim's representative, and all references in this    2,154        

chapter to a victim shall be interpreted as being references to    2,155        

the victim's representative unless the victim informs the                       

notifying authority that the victim also wishes to receive the     2,156        

notices or exercise the rights.  If division (B) of section        2,157        

2930.03 of the Revised Code requires a victim to make a request    2,158        

in order to receive any notice of a type described in this         2,159        

division and if a victim's representative is to exercise the       2,160        

rights of the victim, the victim's representative shall make the   2,161        

request.                                                                        

      Sec. 2930.05.  (A)  Within a reasonable period of time       2,170        

after the arrest of a defendant for a crime, the law enforcement   2,171        

agency that investigates the crime shall give the victim of the    2,172        

crime notice of all of the following:                              2,173        

      (1)  The arrest;                                             2,175        

      (2)  The name of the defendant;                              2,177        

      (3)  Whether the defendant is eligible for pretrial release  2,180        

                                                          52     


                                                                 
OR FOR RELEASE FROM DETENTION;                                                  

      (4)  The telephone number of the law enforcement agency;     2,183        

      (5)  The victim's right to telephone the agency to           2,186        

ascertain whether the defendant has been released from custody OR  2,187        

FROM DETENTION.                                                    2,188        

      (B)  If a defendant has been released from custody on a      2,191        

bond or personal recognizance OR HAS BEEN RELEASED FROM DETENTION  2,192        

and the prosecutor in the case has received the affidavit of a     2,193        

victim stating that the defendant, or someone acting at the        2,194        

defendant's direction, has committed or threatened to commit one   2,195        

or more acts of violence or intimidation against the victim, the   2,196        

victim's family, or the victim's representative, the prosecutor    2,197        

may file a motion asking the court to reconsider the conditions    2,199        

of the bond or personal recognizance granted to the defendant OR   2,200        

TO CONSIDER RETURNING THE DEFENDANT TO DETENTION.                  2,201        

      Sec. 2930.06.  (A)  The prosecutor in a case, to the extent  2,210        

practicable, shall confer with the victim in the case before       2,211        

pretrial diversion is granted to the defendant in the case,        2,212        

before amending or dismissing an indictment, information, or       2,214        

complaint against that defendant, before agreeing to a negotiated  2,215        

plea for that defendant, or before a trial of that defendant by    2,216        

judge or jury, OR BEFORE THE JUVENILE COURT CONDUCTS AN            2,217        

ADJUDICATORY HEARING FOR THAT DEFENDANT. IF THE JUVENILE COURT     2,218        

DISPOSES OF A CASE PRIOR TO THE PROSECUTOR'S INVOLVEMENT IN THE    2,219        

CASE, THE COURT OR A COURT EMPLOYEE SHALL NOTIFY THE VICTIM IN     2,220        

THE CASE THAT THE DEFENDANT WILL BE GRANTED PRETRIAL DIVERSION,    2,221        

THE COMPLAINT AGAINST THAT DEFENDANT WILL BE AMENDED OR            2,222        

DISMISSED, OR THE COURT WILL CONDUCT AN ADJUDICATORY HEARING FOR   2,223        

THAT DEFENDANT.  If the prosecutor fails to confer with the        2,224        

victim at any of those times, the court, if informed of the        2,226        

failure, shall note on the record the failure and the                           

prosecutor's reasons for the failure.  A prosecutor's failure to   2,227        

confer with a victim as required by this division does AND A       2,229        

COURT'S FAILURE TO PROVIDE THE NOTICE AS REQUIRED BY THIS                       

                                                          53     


                                                                 
DIVISION DO not affect the validity of an agreement between the    2,230        

prosecutor and the defendant in the case, a pretrial diversion of  2,232        

the defendant, an amendment or dismissal of an indictment,         2,233        

information, or complaint filed against the defendant, a plea      2,234        

entered by the defendant, AN ADMISSION ENTERED BY THE DEFENDANT,   2,235        

or any other disposition in the case.  A court shall not dismiss   2,237        

a criminal complaint, charge, information, or indictment OR A      2,238        

DELINQUENT CHILD COMPLAINT solely at the request of the victim     2,240        

and over the objection of the prosecuting attorney, village                     

solicitor, city director of law, or other chief legal officer      2,241        

responsible for the prosecution of the case.                       2,242        

      (B)  After a prosecution in a case has been commenced, the   2,244        

prosecutor or a designee of the prosecutor other than a court or   2,246        

court employee, to the extent practicable, promptly shall give     2,247        

the victim all of the following information, EXCEPT THAT, IF THE   2,248        

JUVENILE COURT DISPOSES OF A CASE PRIOR TO THE PROSECUTOR'S                     

INVOLVEMENT IN THE CASE, THE COURT OR A COURT EMPLOYEE, TO THE     2,249        

EXTENT PRACTICABLE, PROMPTLY SHALL GIVE THE VICTIM ALL OF THE      2,250        

FOLLOWING INFORMATION:                                             2,251        

      (1)  The name of the offense CRIME with which the defendant  2,253        

in the case has been charged and the name of the defendant;        2,254        

      (2)  The file number of the case;                            2,256        

      (3)  A brief statement regarding the procedural steps in a   2,258        

criminal case PROSECUTION OR DELINQUENCY PROCEEDING involving an   2,260        

offense A CRIME similar to the offense CRIME with which the        2,262        

defendant has been charged and the right of the victim to be       2,263        

present during all proceedings held throughout the prosecution of  2,264        

a THE case;                                                                     

      (4)  A summary of the rights of a victim under this          2,266        

chapter;                                                           2,267        

      (5)  Procedures the victim or the prosecutor may follow if   2,269        

the victim becomes subject to threats or intimidation by the       2,271        

defendant or any other person;                                     2,272        

      (6)  The name and business telephone number of a person to   2,274        

                                                          54     


                                                                 
contact for further information with respect to the case;          2,275        

      (7)  The right of the victim to have a victim's              2,277        

representative exercise the victim's rights under this chapter in  2,278        

accordance with section 2930.02 of the Revised Code and the        2,279        

procedure by which a victim's representative may be designated;    2,280        

      (8)  Notice that any notification under division (C) of      2,283        

this section and, sections 2930.07 to 2930.19, AND SECTION         2,284        

5139.56 of the Revised Code will be given to the victim only if    2,285        

the victim asks to receive the notification.                       2,286        

      (C)  Upon the request of the victim, the prosecutor shall    2,288        

give the victim notice of the date, time, and place of any         2,289        

scheduled court CRIMINAL OR JUVENILE proceedings in the case and   2,290        

notice of any changes in those proceedings or in the schedule in   2,292        

the case.                                                                       

      (D)  A victim who requests notice under division (C) of      2,295        

this section and who elects pursuant to division (B) of section                 

2930.03 of the Revised Code to receive any further notice from     2,297        

the prosecutor under this chapter shall keep the prosecutor        2,298        

informed of the victim's current address and telephone number      2,299        

until the case is dismissed or terminated, the defendant is        2,300        

acquitted or sentenced, THE DELINQUENT CHILD COMPLAINT IS                       

DISMISSED, THE DEFENDANT IS ADJUDICATED A DELINQUENT CHILD, or     2,301        

the appellate process is completed, whichever is the final         2,303        

disposition in the case.                                                        

      Sec. 2930.07.  (A)  If the prosecutor in a case determines   2,312        

that there are reasonable grounds for the victim in a case to be   2,313        

apprehensive regarding acts or threats of violence or              2,314        

intimidation by the defendant in the case or at the defendant's    2,315        

direction against the victim, the victim's family, or the          2,316        

victim's representative, the prosecutor may file a motion with     2,317        

the court requesting that the court issue an order specifying      2,318        

that the victim and other witnesses in the case not be compelled   2,320        

in any phase of the criminal OR DELINQUENCY proceeding to give     2,322        

testimony that would disclose the victim's or victim's                          

                                                          55     


                                                                 
representative's address, place of employment, or similar          2,324        

identifying fact without the victim's or victim's                  2,325        

representative's consent.  The court shall hold a hearing on the   2,326        

motion in chambers, and a court reporter shall make a record of    2,328        

the proceeding.                                                                 

      (B)  If the court, pursuant to division (A) of this          2,330        

section, orders that the victim's or victim's representative's     2,331        

address, telephone number, place of employment, or other           2,332        

identifying fact shall be confidential, the court files or         2,333        

documents shall not contain that information unless it is used to               

identify the location of the crime.  The hearing shall be          2,334        

recorded, and the court shall order the transcript sealed.         2,335        

      Sec. 2930.09.  A victim in a case may be present whenever    2,344        

the defendant in the case is present during any stage of the case  2,346        

against the defendant that is conducted on the record, other than  2,347        

a grand jury proceeding, unless the court determines that          2,348        

exclusion of the victim is necessary to protect the defendant's    2,349        

right to a fair trial OR TO A FAIR DELINQUENCY PROCEEDING.  At     2,350        

any stage of the case at which the victim is present, the court,   2,351        

at the victim's request, shall permit the victim to be             2,352        

accompanied by an individual to provide support to the victim      2,353        

unless the court determines that exclusion of the individual is    2,354        

necessary to protect the defendant's right to a fair trial OR TO   2,355        

A FAIR DELINQUENCY PROCEEDING.                                                  

      Sec. 2930.10.  (A)  The court in which a criminal case       2,364        

PROSECUTION OR DELINQUENCY PROCEEDING is prosecuted HELD shall     2,366        

make a reasonable effort to minimize any contact between the       2,367        

victim in the case, members of the victim's family, the victim's   2,368        

representative, or witnesses for the prosecution and the           2,369        

defendant in the case, members of the defendant's family, or                    

witnesses for the defense before, during, and immediately after    2,370        

all court proceedings.                                             2,371        

      (B)  The court shall provide a waiting area for the victim,  2,373        

members of the victim's family, the victim's representative, or    2,374        

                                                          56     


                                                                 
witnesses for the prosecution that is separate from the waiting    2,375        

area provided for the defendant, members of the defendant's        2,377        

family, and defense witnesses if a separate waiting area is                     

available and the use of the area is practical.                    2,378        

      Sec. 2930.11.  (A)  Except as otherwise provided in this     2,388        

section or in sections 2933.41 to 2933.43 of the Revised Code,                  

the law enforcement agency responsible for investigating a crime   2,389        

shall promptly return to the victim of the crime any property of   2,391        

the victim that was taken in the course of the investigation.  In  2,392        

accordance with Criminal Rule 26 OR AN APPLICABLE JUVENILE RULE,   2,393        

the law enforcement agency may take photographs of the property    2,394        

for use as evidence.  If the ownership of the property is in       2,395        

dispute, the agency shall not return the property until the        2,396        

dispute is resolved.                                                            

      (B)  The law enforcement agency responsible for              2,398        

investigating a crime shall retain any property of the victim of   2,399        

the crime that is needed as evidence in the case, including any    2,400        

weapon used in the commission of the crime, if the prosecutor      2,401        

certifies to the court a need to retain the property in lieu of a  2,402        

photograph of the property or of another evidentiary substitute    2,403        

for the property itself.                                           2,404        

      (C)  If the defendant in a case files a motion requesting    2,407        

the court to order the law enforcement agency to retain property   2,408        

of the victim because the property is needed for the defense in    2,409        

the case, the agency shall retain the property until the court     2,410        

rules on the motion.  The court, in making a determination on the  2,411        

motion, shall weigh the victim's need for the property against     2,412        

the defendant's assertion that the property has evidentiary value  2,413        

for the defense.  The court shall rule on the motion in a timely   2,414        

fashion.                                                                        

      Sec. 2930.12.  At the request of the victim in a case        2,424        

CRIMINAL PROSECUTION, the prosecutor shall give the victim notice  2,425        

of the defendant's acquittal or conviction.  AT THE REQUEST OF     2,426        

THE VICTIM IN A DELINQUENCY PROCEEDING, THE PROSECUTOR SHALL GIVE  2,428        

                                                          57     


                                                                 
THE VICTIM NOTICE OF THE DISMISSAL OF THE COMPLAINT AGAINST THE    2,429        

DEFENDANT OR OF THE ADJUDICATION OF THE DEFENDANT AS A DELINQUENT  2,430        

CHILD, EXCEPT THAT, IF THE JUVENILE COURT DISMISSES THE COMPLAINT  2,431        

AGAINST THE DEFENDANT OR ADJUDICATES THE DEFENDANT A DELINQUENT    2,432        

CHILD PRIOR TO THE PROSECUTOR'S INVOLVEMENT IN THE CASE, AT THE    2,433        

REQUEST OF THE VICTIM, THE COURT OR A COURT EMPLOYEE SHALL GIVE    2,434        

THE VICTIM NOTICE OF THE DISMISSAL OR OF THE ADJUDICATION.  If     2,435        

the defendant is convicted OR IS ADJUDICATED A DELINQUENT CHILD,   2,437        

the notice shall include all of the following:                     2,438        

      (A)  The crimes of which the defendant was convicted OR FOR  2,440        

WHICH THE DEFENDANT WAS ADJUDICATED A DELINQUENT CHILD;            2,441        

      (B)  The address and telephone number of the probation       2,443        

office or other person, if any, that is to prepare a presentence   2,445        

investigation report pursuant to section 2951.03 of the Revised    2,446        

Code or Criminal Rule 32.2, and the address and telephone number   2,448        

of the person, if any, who is to prepare a victim impact           2,449        

statement pursuant to DIVISION (H) OF SECTION 2151.355 OF THE      2,450        

REVISED CODE OR section 2947.051 of the Revised Code;              2,452        

      (C)  Notice that the victim may make a statement about the   2,454        

impact of the offense CRIME to the probation officer or other      2,455        

person, if any, who prepares the presentence investigation report  2,457        

or to the person, if any, who prepares a victim impact statement,  2,459        

that a statement of the victim included in the report will be      2,461        

made available to the defendant unless the court exempts it from   2,462        

disclosure, and that the court may make the victim impact                       

statement available to the defendant;                              2,463        

      (D)  Notice of the victim's right under section 2930.14 of   2,466        

the Revised Code to make a statement about the impact of the       2,467        

offense CRIME before sentencing OR DISPOSITION;                    2,468        

      (E)  The date, time, and place of the sentencing hearing OR  2,470        

DISPOSITIONAL HEARING;                                             2,471        

      (F)  ONE OF THE FOLLOWING:                                   2,473        

      (1)  Any sentence imposed upon the defendant and any         2,475        

subsequent modification of that sentence, including modification   2,477        

                                                          58     


                                                                 
under section 2929.20 of the Revised Code or as a result of the    2,478        

defendant's appeal of the sentence pursuant to section 2953.08 of  2,479        

the Revised Code;                                                               

      (2) ANY DISPOSITION ORDERED FOR THE DEFENDANT AND ANY        2,481        

SUBSEQUENT MODIFICATION OF THAT DISPOSITION, INCLUDING JUDICIAL    2,483        

RELEASE OR EARLY RELEASE IN ACCORDANCE WITH SECTION 2151.38 OF     2,484        

THE REVISED CODE.                                                  2,486        

      Sec. 2930.13.  (A)  If the court orders the preparation of   2,495        

a victim impact statement pursuant to section 2151.355 OR          2,496        

2947.051 of the Revised Code, the victim in the case may make a    2,498        

written or oral statement regarding the impact of the offense      2,499        

CRIME to the person whom the court orders to prepare the victim    2,501        

impact statement.  A statement made by the victim under this       2,502        

section shall be included in the victim impact statement.          2,503        

      (B)  If a probation officer or other person is preparing a   2,505        

presentence investigation report pursuant to section 2947.06 or    2,506        

2951.03 of the Revised Code or Criminal Rule 32.2 concerning the   2,507        

defendant in the case, the victim may make a written or oral       2,509        

statement regarding the impact of the offense CRIME to the         2,510        

probation officer or other person.  The probation officer or       2,511        

other person shall use the statement in preparing the presentence  2,513        

investigation report and, upon the victim's request, shall         2,514        

include a written statement submitted by the victim in the         2,515        

presentence investigation report.                                               

      (C)  A statement made by the victim under division (A) or    2,517        

(B) of this section may include the following:                     2,518        

      (1)  An explanation of the nature and extent of any          2,520        

physical, psychological, or emotional harm suffered by the victim  2,521        

as a result of the crime that is the basis of the case;            2,522        

      (2)  An explanation of the extent of any property damage or  2,524        

other economic loss suffered by the victim as a result of that     2,526        

crime;                                                                          

      (3)  An opinion regarding the extent to which, if any, the   2,528        

victim needs restitution for harm caused by the defendant as a     2,529        

                                                          59     


                                                                 
result of that crime and information about whether the victim has  2,531        

applied for or received any compensation for loss or damage        2,532        

caused by that crime;                                                           

      (4)  The victim's recommendation for an appropriate          2,534        

sanction OR DISPOSITION for the defendant regarding that crime.    2,535        

      (D)  If a statement made by a victim under division (A) of   2,538        

this section is included in a victim impact statement, the         2,539        

provision, receipt, and retention of copies of, the use of, and    2,540        

the confidentiality, nonpublic record character, and sealing of    2,541        

the victim impact statement is governed by DIVISION (H) OF         2,542        

SECTION 2151.355 OR BY division (C) of section 2947.051 of the     2,543        

Revised Code, AS APPROPRIATE.  If a statement made by a victim     2,545        

under division (B) of this section is included in a presentence                 

investigation report prepared pursuant to section 2947.06 or       2,546        

2951.03 of the Revised Code or Criminal Rule 32.2, the provision,  2,549        

receipt, and retention of copies of, the use of, and the                        

confidentiality, nonpublic record character, and sealing of the    2,550        

presentence investigation report that contains the victim's        2,551        

statement is governed by section 2951.03 of the Revised Code.      2,552        

      Sec. 2930.14.  (A)  Before imposing sentence upon, OR        2,561        

ENTERING AN ORDER OF DISPOSITION FOR, a defendant for the          2,562        

commission of a crime, the court shall permit the victim of the    2,564        

crime to make a statement.  The court may give copies of any       2,565        

written statement made by a victim to the defendant and                         

defendant's counsel and may give any written statement made by     2,566        

the defendant to the victim and the prosecutor.  The court may     2,567        

redact any information contained in a written statement that the   2,568        

court determines is not relevant to and will not be relied upon    2,569        

in the sentencing OR DISPOSITION decision.  The written statement  2,570        

of the victim or of the defendant is confidential and is not a     2,571        

public record as used in section 149.43 of the Revised Code.  Any  2,572        

person to whom a copy of a written statement was released by the   2,573        

court shall return it to the court immediately following           2,574        

sentencing OR DISPOSITION.                                                      

                                                          60     


                                                                 
      (B)  The court shall consider a victim's statement made      2,576        

under division (A) of this section along with other factors that   2,578        

the court is required to consider in imposing sentence OR IN       2,579        

DETERMINING THE ORDER OF DISPOSITION.  If the statement includes   2,580        

new material facts, the court shall not rely on the new material   2,582        

facts unless it continues the sentencing OR DISPOSITIONAL          2,583        

proceeding or takes other appropriate action to allow the          2,585        

defendant an adequate opportunity to respond to the new material   2,586        

facts.                                                                          

      Sec. 2930.15.  (A)  If a defendant is convicted of           2,595        

committing a crime against a victim OR IS ADJUDICATED A            2,596        

DELINQUENT CHILD FOR COMMITTING A CRIME AGAINST A VICTIM, if the   2,597        

victim requests notice of the filing of an appeal, and if the      2,598        

defendant files an appeal, the prosecutor in the case promptly     2,599        

shall notify the victim of the appeal.  The prosecutor also shall  2,600        

give the victim all of the following information:                  2,601        

      (1)  A brief explanation of the appellate process,           2,603        

including the possible disposition of the case;                    2,604        

      (2)  Whether the defendant has been released on bail or      2,606        

other recognizance OR UNDER CONDITIONS IMPOSED BY THE JUVENILE     2,607        

COURT pending the disposition of the appeal;                       2,608        

      (3)  The time, place, and location of appellate court        2,610        

proceedings and any subsequent changes in the time, place, or      2,611        

location of those proceedings;                                                  

      (4)  The result of the appeal.                               2,613        

      (B)  If the appellate court returns the defendant's case to  2,616        

the trial court OR JUVENILE COURT for further proceedings, the     2,617        

victim may exercise all the rights that previously were available  2,618        

to the victim in the trial court OR THE JUVENILE COURT.            2,619        

      Sec. 2930.16.  (A)  If a defendant is incarcerated, a        2,629        

victim in a case who has requested to receive notice under this                 

section shall be given notice of the incarceration of the          2,630        

defendant.  IF A DEFENDANT IS COMMITTED TO THE TEMPORARY CUSTODY   2,631        

OF A SCHOOL, CAMP, INSTITUTION, OR OTHER FACILITY OPERATED FOR     2,632        

                                                          61     


                                                                 
THE CARE OF DELINQUENT CHILDREN OR TO THE LEGAL CUSTODY OF THE     2,633        

DEPARTMENT OF YOUTH SERVICES, A VICTIM IN A CASE WHO HAS           2,634        

REQUESTED TO RECEIVE NOTICE UNDER THIS SECTION SHALL BE GIVEN      2,635        

NOTICE OF THE COMMITMENT.  Promptly after sentence is imposed      2,637        

upon the defendant OR THE COMMITMENT OF THE DEFENDANT IS ORDERED,  2,638        

the prosecutor in the case shall notify the victim of the date on  2,639        

which the defendant will be released from confinement or the       2,640        

prosecutor's reasonable estimate of that date OR THE DATE ON       2,642        

WHICH THE DEFENDANT WILL HAVE SERVED THE MINIMUM PERIOD OF         2,643        

COMMITMENT OR THE PROSECUTOR'S REASONABLE ESTIMATE OF THAT DATE.   2,644        

The prosecutor also shall notify the victim of the name of the     2,645        

custodial agency of the defendant and tell the victim how to       2,646        

contact that custodial agency.  IF THE CUSTODIAL AGENCY IS THE     2,647        

DEPARTMENT OF YOUTH SERVICES, THE PROSECUTOR SHALL NOTIFY THE      2,648        

VICTIM OF THE SERVICES PROVIDED BY THE OFFICE OF VICTIMS'          2,649        

SERVICES WITHIN THE RELEASE AUTHORITY OF THE DEPARTMENT PURSUANT   2,650        

TO SECTION 5139.55 OF THE REVISED CODE AND THE VICTIM'S RIGHT      2,652        

PURSUANT TO SECTION 5139.56 OF THE REVISED CODE TO SUBMIT A        2,655        

WRITTEN REQUEST TO THE RELEASE AUTHORITY TO BE NOTIFIED OF         2,656        

ACTIONS THE RELEASE AUTHORITY TAKES WITH RESPECT TO THE            2,657        

DEFENDANT.  The victim shall keep the custodial agency informed    2,658        

of the victim's current address and telephone number.              2,659        

      (B)(1)  Upon the victim's request, the prosecutor promptly   2,661        

shall notify the victim of any hearing for judicial release of     2,663        

the defendant pursuant to section 2929.20 of the Revised Code OR   2,664        

OF ANY HEARING FOR JUDICIAL RELEASE OR EARLY RELEASE OF THE        2,665        

DEFENDANT PURSUANT TO SECTION 2151.38 OF THE REVISED CODE and of   2,666        

the victim's right to make a statement under that section THOSE    2,667        

SECTIONS.  The court shall notify the victim of its ruling in      2,669        

each of those hearings and on each of those applications.          2,670        

      (2)  Upon the request of a victim of a crime that is a       2,672        

sexually violent offense and that is committed by a sexually       2,673        

violent predator who is sentenced to a prison term pursuant to     2,674        

division (A)(3) of section 2971.03 of the Revised Code, the        2,675        

                                                          62     


                                                                 
prosecutor promptly shall notify the victim of any hearing to be   2,676        

conducted pursuant to section 2971.05 of the Revised Code to       2,677        

determine whether to modify the requirement that the offender      2,678        

serve the entire prison term in a state correctional facility in   2,679        

accordance with division (C) of that section, whether to           2,681        

continue, revise, or revoke any existing modification of that      2,682        

requirement, or whether to terminate the prison term in                         

accordance with division (D) of that section.  The court shall     2,684        

notify the victim of any order issued at the conclusion of the     2,685        

hearing.  As used in this division, "sexually violent offense"     2,687        

and "sexually violent predator" have the same meanings as in       2,688        

section 2971.01 of the Revised Code.                                            

      (C)  Upon the victim's request made at any time before the   2,690        

particular notice would be due, the custodial agency of a          2,691        

defendant shall give the victim any of the following notices that  2,693        

is applicable:                                                                  

      (1)  At least three weeks before the adult parole authority  2,695        

recommends a pardon or commutation of sentence for the defendant   2,697        

or at least three weeks prior to a hearing before the adult        2,698        

parole authority regarding a grant of parole to the defendant,     2,699        

notice of the victim's right to submit a statement regarding the   2,700        

impact of the defendant's release in accordance with section       2,701        

2967.12 of the Revised Code and, if applicable, of the victim's    2,702        

right to appear at a full board hearing of the parole board to                  

give testimony as authorized by section 5149.101 of the Revised    2,703        

Code;                                                                           

      (2)  At least three weeks before the defendant is            2,705        

transferred to transitional control under section 2967.26 of the   2,708        

Revised Code, notice of the pendency of the transfer and of the    2,711        

victim's right under that section to submit a statement regarding  2,712        

the impact of the transfer;                                                     

      (3)  AT LEAST THIRTY DAYS BEFORE THE RELEASE AUTHORITY OF    2,714        

THE DEPARTMENT OF YOUTH SERVICES HOLDS A RELEASE REVIEW, RELEASE   2,715        

HEARING, OR DISCHARGE REVIEW FOR THE DEFENDANT, NOTICE OF THE      2,716        

                                                          63     


                                                                 
PENDENCY OF THE REVIEW OR HEARING, OF THE VICTIM'S RIGHT TO MAKE   2,717        

AN ORAL OR WRITTEN STATEMENT REGARDING THE IMPACT OF THE CRIME     2,718        

UPON THE VICTIM OR REGARDING THE POSSIBLE RELEASE OR DISCHARGE,    2,719        

AND, IF THE NOTICE PERTAINS TO A HEARING, OF THE VICTIM'S RIGHT    2,720        

TO ATTEND AND MAKE STATEMENTS OR COMMENTS AT THE HEARING AS        2,721        

AUTHORIZED BY SECTION 5139.56 OF THE REVISED CODE;                 2,724        

      (4)  Prompt notice of the defendant's escape from a          2,727        

facility of the custodial agency in which the defendant was        2,728        

incarcerated OR IN WHICH THE DEFENDANT WAS PLACED AFTER                         

COMMITMENT, of the defendant's absence without leave from a        2,729        

mental health or mental retardation and developmental              2,731        

disabilities facility or from other custody, and of the capture    2,732        

of the defendant after an escape or absence;                       2,733        

      (4)(5)  Notice of the defendant's death while in             2,735        

CONFINEMENT OR custody;                                            2,736        

      (5)(6)  Notice of the defendant's release from confinement   2,738        

OR CUSTODY and the terms and conditions of the release.            2,741        

      Sec. 2930.17.  (A)  In determining whether to grant a        2,750        

judicial release to a defendant from a prison term pursuant to     2,751        

section 2929.20 of the Revised Code at a time before the           2,752        

defendant's stated prison term expires OR IN DETERMINING WHETHER   2,754        

TO GRANT A JUDICIAL RELEASE OR EARLY RELEASE TO A DEFENDANT FROM   2,755        

A COMMITMENT TO THE DEPARTMENT OF YOUTH SERVICES PURSUANT TO       2,756        

SECTION 2151.38 OF THE REVISED CODE, the court shall permit a      2,758        

victim of a crime for which the defendant was incarcerated OR      2,759        

COMMITTED to make a statement, in addition to any other statement  2,760        

made under this chapter, concerning the effects of that crime on   2,761        

the victim, the circumstances surrounding the crime, the manner    2,762        

in which the crime was perpetrated, and the victim's opinion       2,763        

whether the defendant should be released.  The victim may make     2,764        

the statement in writing or orally, at the court's discretion.     2,765        

The court shall give the defendant and EITHER the adult parole     2,766        

authority OR THE DEPARTMENT OF YOUTH SERVICES, WHICHEVER IS        2,768        

APPLICABLE, a copy of any written impact statement made by the     2,769        

                                                          64     


                                                                 
victim under this division.                                        2,770        

      (B)  In deciding whether to grant a judicial release OR      2,772        

EARLY RELEASE to the defendant, the court shall consider a         2,774        

statement made by the victim under division (A) of this section    2,775        

or section 2930.14 or 2947.051 of the Revised Code.                2,776        

      Sec. 2930.18.  No employer of a victim shall discharge,      2,785        

discipline, or otherwise retaliate against the victim, a member    2,786        

of the victim's family, or a victim's representative for           2,787        

participating, at the prosecutor's request, in preparation for a   2,788        

criminal justice OR DELINQUENCY proceeding or for attendance,      2,789        

pursuant to a subpoena, at a criminal OR DELINQUENCY proceeding    2,791        

if the attendance is reasonably necessary to protect the           2,792        

interests of the victim.  This section generally does not require  2,793        

an employer to pay an employee for time lost as a result of        2,794        

attendance at a criminal OR DELINQUENCY proceeding.  An employer   2,797        

who knowingly violates this section is in contempt of court.       2,798        

This section does not limit or affect the application to any       2,799        

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  2,808        

a prosecutor to represent the interests of the public as a whole,  2,809        

a prosecutor shall seek compliance with this chapter on behalf of  2,810        

a victim, a member of the victim's family, or the victim's         2,811        

representative.                                                    2,812        

      (B)  The failure of a public official or public agency to    2,815        

comply with the requirements of this chapter does not give rise    2,816        

to a claim for damages against that public official or public      2,817        

agency, except that a public agency as an employer may be held     2,818        

responsible for a violation of section 2930.18 of the Revised      2,819        

Code.                                                                           

      (C)  The failure of any person or entity to provide a        2,821        

right, privilege, or notice to a victim under this chapter does    2,823        

not constitute grounds for declaring a mistrial or new trial, for  2,824        

setting aside a conviction or, sentence, ADJUDICATION, OR          2,825        

                                                          65     


                                                                 
DISPOSITION, or for granting postconviction release to a           2,826        

defendant.                                                         2,827        

      (D)  If there is a conflict between a provision in this      2,829        

chapter and a specific statute governing the procedure in a case   2,831        

involving a capital offense, the specific statute supersedes the   2,832        

provision in this chapter.                                         2,833        

      (E)  If the victim of a crime is incarcerated in a state or  2,835        

local correctional facility OR IS IN THE LEGAL CUSTODY OF THE      2,836        

DEPARTMENT OF YOUTH SERVICES, the victim's rights under this       2,837        

chapter may be modified by court order to prevent any security     2,838        

risk, hardship, or undue burden upon a public official or public   2,839        

agency with a duty under this chapter.                             2,840        

      Section 2.  That existing sections 109.42, 109.57, 2151.18,  2,842        

2151.31, 2151.355, 2151.38, 2930.01, 2930.02, 2930.05, 2930.06,    2,844        

2930.07, 2930.09, 2930.10, 2930.11, 2930.12, 2930.13, 2930.14,     2,845        

2930.15, 2930.16, 2930.17, 2930.18, and 2930.19 of the Revised     2,846        

Code are hereby repealed.                                                       

      Section 3.  Section 2151.355 of the Revised Code is          2,848        

presented in this act as a composite of the section as amended by  2,849        

both Am. Sub. H.B. 2 and Am. Sub. H.B. 526 of the 122nd General    2,850        

Assembly, with the new language of neither of the acts shown in    2,852        

capital letters.  This is in recognition of the principle stated   2,853        

in division (B) of section 1.52 of the Revised Code that such      2,854        

amendments are to be harmonized where not substantively            2,855        

irreconcilable and constitutes a legislative finding that such is  2,856        

the resulting version in effect prior to the effective date of     2,857        

this act.