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
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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
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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
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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
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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
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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
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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.
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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
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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
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(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
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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
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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
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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
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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
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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
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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.