As Passed by the House 1
123rd General Assembly 4
Regular Session Am. 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-CAREY-KRUPINSKI-D.MILLER- 10
VESPER-VERICH-FLANNERY-GRENDELL-WILLIAMS-ALLEN-WILSON-OGG-JONES- 11
FORD-CATES-AMSTUTZ-PERZ-AUSTRIA-HOLLISTER-SCHULER-O'BRIEN-CORBIN- 12
HARRIS-METZGER-ROMAN-YOUNG-OPFER-PERRY-PATTON-BENDER-HOUSEHOLDER- 13
SMITH-BARNES-SUTTON 14
_________________________________________________________________
A B I L L
To amend sections 109.42, 109.57, 2151.18, 2151.31, 16
2151.355, 2151.38, 2930.01, 2930.02, 2930.05 to 17
2930.07, and 2930.09 to 2930.19 of the Revised 18
Code relative to rights of victims in 19
delinquency proceedings and the rights of victims 20
of crime.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That sections 109.42, 109.57, 2151.18, 2151.31, 24
2151.355, 2151.38, 2930.01, 2930.02, 2930.05, 2930.06, 2930.07, 26
2930.09, 2930.10, 2930.11, 2930.12, 2930.13, 2930.14, 2930.15, 27
2930.16, 2930.17, 2930.18, and 2930.19 of the Revised Code be 28
amended to read as follows:
Sec. 109.42. (A) The attorney general shall prepare and 36
have printed a pamphlet that contains a compilation of all 37
statutes relative to victim's rights in which the attorney 38
general lists and explains the statutes in the form of a victim's 40
bill of rights. The attorney general shall distribute the 41
pamphlet to all sheriffs, marshals, municipal corporation and 43
township police departments, constables, and other law 44
enforcement agencies, to all prosecuting attorneys, city 45
2
directors of law, village solicitors, and other similar chief 46
legal officers of municipal corporations, and to organizations 47
that represent or provide services for victims of crime. The 48
victim's bill of rights set forth in the pamphlet shall contain a 49
description of all of the rights of victims that are provided for 50
in Chapter 2930. or in any other section of the Revised Code and 51
shall include, but not be limited to, all of the following: 52
(1) The right of a victim or a victim's representative to 55
attend a proceeding before a grand jury, in a juvenile case, or 56
in a criminal case pursuant to a subpoena without being 57
discharged from the victim's or representative's employment, 58
having the victim's or representative's employment terminated, 59
having the victim's or representative's pay decreased or 60
withheld, or otherwise being punished, penalized, or threatened 61
as a result of time lost from regular employment because of the 62
victim's or representative's attendance at the proceeding 64
pursuant to the subpoena, as set forth in section 2151.211, 65
2930.18, 2939.121, or 2945.451 of the Revised Code;
(2) The potential availability pursuant to section 67
2151.411 of the Revised Code of a forfeited recognizance to pay 68
damages caused by a child when the delinquency of the child or 69
child's violation of probation is found to be proximately caused 70
by the failure of the child's parent or guardian to subject the 71
child to reasonable parental authority or to faithfully discharge 72
the conditions of probation; 73
(3) The availability of awards of reparations pursuant to 75
sections 2743.51 to 2743.72 of the Revised Code for injuries 76
caused by criminal offenses; 77
(4) The right of the victim in certain criminal OR 79
JUVENILE cases or a victim's representative to receive, pursuant 81
to section 2930.06 of the Revised Code, notice of the date, time, 82
and place of the trial OR DELINQUENCY PROCEEDING in the case or, 83
if there will not be a trial OR DELINQUENCY PROCEEDING, 84
information from the prosecutor, as defined in section 2930.01 of 86
3
the Revised Code, regarding the disposition of the case;
(5) The right of the victim in certain criminal OR 88
JUVENILE cases or a victim's representative to receive, pursuant 89
to section 2930.04, 2930.05, or 2930.06 of the Revised Code, 90
notice of the name of the person charged with the violation, the 91
case or docket number assigned to the charge, and a telephone 92
number or numbers that can be called to obtain information about 93
the disposition of the case;
(6) The right of the victim in certain criminal OR 95
JUVENILE cases or of the victim's representative pursuant to 98
section 2930.13 or 2930.14 of the Revised Code, subject to any 99
reasonable terms set by the court as authorized under section 100
2930.14 of the Revised Code, to make a statement about the 102
victimization and, if applicable, a statement relative to the 103
sentencing OR DISPOSITION of the offender; 105
(7) The opportunity to obtain a court order, pursuant to 107
section 2945.04 of the Revised Code, to prevent or stop the 108
commission of the offense of intimidation of a crime victim or 109
witness or an offense against the person or property of the 110
complainant, or of the complainant's ward or child; 111
(8) The right of the victim in certain criminal OR 113
JUVENILE cases or a victim's representative pursuant to sections 115
2151.38, 2929.20, 2930.10, 2930.16, and 2930.17 of the Revised 117
Code to receive notice of a pending motion for judicial release
OR EARLY RELEASE of the person who committed the offense against 120
the victim and, to make an oral or written statement at the court 122
hearing on the motion, AND TO BE NOTIFIED OF THE COURT'S DECISION 123
ON THE MOTION;
(9) The right of the victim in certain criminal OR 125
JUVENILE cases or a victim's representative, pursuant to section 126
2930.16, 2967.12, or 2967.26, OR 5139.56 of the Revised Code, to 128
receive notice of any pending commutation, pardon, parole, 129
transitional control, DISCHARGE, other form of authorized 130
release, or post-release control, OR SUPERVISED RELEASE for the 131
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person who committed the offense against the victim or any 132
application for release of that person and to send a written 134
statement relative to the victimization and the pending action to 135
the adult parole authority OR THE RELEASE AUTHORITY OF THE 136
DEPARTMENT OF YOUTH SERVICES; 137
(10) The right of the victim to bring a civil action 139
pursuant to sections 2969.01 to 2969.06 of the Revised Code to 140
obtain money from the offender's profit fund; 141
(11) The right, pursuant to section 3109.09 of the Revised 144
Code, to maintain a civil action to recover compensatory damages
not exceeding ten thousand dollars and costs from the parent of a 146
minor who willfully damages property through the commission of an 147
act that would be a theft offense, as defined in section 2913.01 148
of the Revised Code, if committed by an adult;
(12) The right, pursuant to section 3109.10 of the Revised 150
Code, to maintain a civil action to recover compensatory damages 151
not exceeding ten thousand dollars and costs from the parent of a 152
minor who willfully and maliciously assaults a person; 153
(13) The possibility of receiving restitution from an 155
offender or a delinquent child pursuant to section 2151.355, 156
2929.18, or 2929.21 of the Revised Code; 157
(14) The right of the victim in certain criminal OR 159
JUVENILE cases or a victim's representative, pursuant to section 160
2930.16 of the Revised Code, to receive notice of the escape from 162
confinement or custody of the person who committed the offense, 163
to receive that notice from the custodial agency of the person at 164
the victim's last address or telephone number provided to the 165
custodial agency, and to receive notice that, if either the 166
victim's address or telephone number changes, it is in the 167
victim's interest to provide the new address or telephone number 168
to the custodial agency.; 169
(15) The right of a victim of domestic violence to seek 171
the issuance of a temporary protection order pursuant to section 173
2919.26 of the Revised Code, to seek the issuance of a civil 174
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protection order pursuant to section 3113.31 of the Revised Code, 175
and to be accompanied by a victim advocate during court
proceedings.; 176
(16) The right of a victim of a sexually oriented offense 179
that is committed by a person who is adjudicated as being a 180
sexual predator or, in certain cases, by a person who is 181
determined to be a habitual sex offender to receive, pursuant to 182
section 2950.10 of the Revised Code, notice that the offender has 184
registered with a sheriff under section 2950.04 or 2950.05 of the 185
Revised Code and notice of the offender's name and residence 186
address or addresses, and a summary of the manner in which the 187
victim must make a request to receive the notice. As used in 188
this division, "sexually oriented offense," "adjudicated as being 189
a sexual predator," and "habitual sex offender" have the same 190
meanings as in section 2950.01 of the Revised Code. 191
(17) The right of a victim of certain sexually violent 193
offenses committed by a sexually violent predator who is 194
sentenced to a prison term pursuant to division (A)(3) of section 196
2971.03 of the Revised Code to receive, pursuant to section 197
2930.16 of the Revised Code, notice of a hearing to determine 198
whether to modify the requirement that the offender serve the 199
entire prison term in a state correctional facility, whether to 200
continue, revise, or revoke any existing modification of that 201
requirement, or whether to terminate the prison term. As used in 202
this division, "sexually violent offense" and "sexually violent 203
predator" have the same meanings as in section 2971.01 of the 204
Revised Code.
(B)(1)(a) Subject to division (B)(1)(c) of this section, a 206
prosecuting attorney, assistant prosecuting attorney, city 208
director of law, assistant director of law, village solicitor, 209
assistant village solicitor, or similar chief legal officer of a 210
municipal corporation or an assistant of any such officer OF 211
THOSE OFFICERS who prosecutes an offense committed in this state, 212
upon first contact with the victim of the offense, the victim's 213
6
family, or the victim's dependents, shall give the victim, the 215
victim's family, or the victim's dependents a copy of the 216
pamphlet prepared pursuant to division (A) of this section and 217
explain, upon request, the information in the pamphlet to the
victim, the victim's family, or the victim's dependents. 218
(b) Subject to division (B)(1)(c) of this section, a law 220
enforcement agency that investigates an offense OR DELINQUENT ACT 223
committed in this state shall give the victim of the offense OR 225
DELINQUENT ACT, the victim's family, or the victim's dependents a 227
copy of the pamphlet prepared pursuant to division (A) of this 228
section at one of the following times: 229
(i) Upon first contact with the victim, the victim's 231
family, or the victim's dependents; 232
(ii) If the offense OR DELINQUENT ACT is an offense of 234
violence, if the circumstances of the offense OR DELINQUENT ACT 236
and the condition of the victim, the victim's family, or the 238
victim's dependents indicate that the victim, the victim's 239
family, or the victim's dependents will not be able to understand 240
the significance of the pamphlet upon first contact with the 241
agency, and if the agency anticipates that it will have an 242
additional contact with the victim, the victim's family, or the 243
victim's dependents, upon the agency's second contact with the 244
victim, the victim's family, or the victim's dependents. 245
If the agency does not give the victim, the victim's 247
family, or the victim's dependents a copy of the pamphlet upon 248
first contact with them and does not have a second contact with 249
the victim, the victim's family, or the victim's dependents, the 251
agency shall mail a copy of the pamphlet to the victim, the 252
victim's family, or the victim's dependents at their last known 253
address. 254
(c) In complying on and after December 9, 1994, with the 256
duties imposed by division (B)(1)(a) or (b) of this section, an 258
official or a law enforcement agency shall use copies of the 259
pamphlet that are in the official's or agency's possession on 260
7
December 9, 1994, until the official or agency has distributed 262
all of those copies. After the official or agency has 263
distributed all of those copies, the official or agency shall use 264
only copies of the pamphlet that contain at least the information 265
described in division (A)(1) to (15)(17) of this section. 266
(2) The failure of a law enforcement agency or of a 268
prosecuting attorney, assistant prosecuting attorney, director of 269
law, assistant director of law, village solicitor, assistant 270
village solicitor, or similar chief legal officer of a municipal 271
corporation or an assistant to any such officer OF THOSE OFFICERS 273
to give, as required by division (B)(1) of this section, the 275
victim of an offense OR DELINQUENT ACT, the victim's family, or 277
the victim's dependents a copy of the pamphlet prepared pursuant
to division (A) of this section does not give the victim, the 278
victim's family, the victim's dependents, or a victim's 279
representative any rights under section 122.95, 2743.51 to 282
2743.72, 2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 283
3109.10 of the Revised Code or under any other provision of the 284
Revised Code and does not affect any right under those sections. 285
(3) A law enforcement agency, a prosecuting attorney or 287
assistant prosecuting attorney, or a director of law, assistant 288
director of law, village solicitor, assistant village solicitor, 289
or similar chief legal officer of a municipal corporation that 290
distributes a copy of the pamphlet prepared pursuant to division 291
(A) of this section shall not be required to distribute a copy of 292
an information card or other printed material provided by the 293
clerk of the court of claims pursuant to section 2743.71 of the 294
Revised Code.
(C) The cost of printing and distributing the pamphlet 296
prepared pursuant to division (A) of this section shall be paid 297
out of the reparations fund, created pursuant to section 2743.191 298
of the Revised Code, in accordance with division (D) of that 299
section. 300
(D) As used in this section: 302
8
(1) "Victim's representative" has the same meaning as in 304
section 2930.01 of the Revised Code; 305
(2) "Victim advocate" has the same meaning as in section 308
2919.26 of the Revised Code.
Sec. 109.57. (A)(1) The superintendent of the bureau of 317
criminal identification and investigation shall procure from 318
wherever procurable and file for record photographs, pictures, 320
descriptions, fingerprints, measurements, and other information 321
that may be pertinent of all persons who have been convicted of 322
committing within this state a felony, any crime constituting a 324
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a) of 326
section 109.572 of the Revised Code, of all children under 327
eighteen years of age who have been adjudicated delinquent 328
children for committing within this state an act that would be a 329
felony or an offense of violence if committed by an adult or who 330
have been convicted of or pleaded guilty to committing within 332
this state a felony or an offense of violence, and of all 333
well-known and habitual criminals. The person in charge of any 335
county, multicounty, municipal, municipal-county, or 336
multicounty-municipal jail or workhouse, community-based 337
correctional facility, halfway house, alternative residential 338
facility, or state correctional institution and the person in 339
charge of any state institution having custody of a person 340
suspected of having committed a felony, any crime constituting a 342
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a) of 344
section 109.572 of the Revised Code or having custody of a child
under eighteen years of age with respect to whom there is 345
probable cause to believe that the child may have committed an 347
act that would be a felony or an offense of violence if committed 349
by an adult shall furnish such material to the superintendent of 351
the bureau. Fingerprints, photographs, or other descriptive 353
information of a child who is under eighteen years of age, has 354
9
not been arrested or otherwise taken into custody for committing
an act that would be a felony or an offense of violence if 356
committed by an adult, has not been adjudicated a delinquent 357
child for committing an act that would be a felony or an offense 358
of violence if committed by an adult, has not been convicted of 359
or pleaded guilty to committing a felony or an offense of 362
violence, and is not a child with respect to whom there is
probable cause to believe that the child may have committed an 364
act that would be a felony or an offense of violence if committed 366
by an adult shall not be procured by the superintendent or 367
furnished by any person in charge of any county, multicounty, 369
municipal, municipal-county, or multicounty-municipal jail or 370
workhouse, community-based correctional facility, halfway house, 371
alternative residential facility, or state correctional 372
institution, except as authorized in section 2151.313 of the 373
Revised Code.
(2) Every clerk of a court of record in this state, other 376
than the supreme court or a court of appeals, shall send to the 377
superintendent of the bureau a weekly report containing a summary 379
of each case involving a felony, involving any crime constituting 380
a misdemeanor on the first offense and a felony on subsequent 382
offenses, involving a misdemeanor described in division (A)(1)(a) 383
of section 109.572 of the Revised Code, or involving an 384
adjudication that IN A CASE IN WHICH a child under eighteen years 386
of age is WAS ALLEGED TO BE a delinquent child for committing an 387
act that would be a felony or an offense of violence if committed 388
by an adult. The clerk of the court of common pleas shall 390
include in the report and summary the clerk sends under this 391
division all information described in divisions (A)(2)(a) to (f) 392
of this section regarding a case before the court of appeals that 393
is served by that clerk. The summary shall be written on the 394
standard forms furnished by the superintendent pursuant to 396
division (B) of this section and shall include the following 397
information:
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(a) The incident tracking number contained on the standard 399
forms furnished by the superintendent pursuant to division (B) of 400
this section; 401
(b) The style and number of the case; 403
(c) The date of arrest; 405
(d) The date that the person was convicted of or pleaded 407
guilty to the offense, adjudicated a delinquent child for 408
committing the act that would be a felony or an offense of 411
violence if committed by an adult, found not guilty of the
offense, or found not to be a delinquent child for committing an 412
act that would be a felony or an offense of violence if committed 415
by an adult, the date of an entry dismissing the charge, an entry 417
declaring a mistrial of the offense in which the person is 418
discharged, an entry finding that the person or child is not
competent to stand trial, or an entry of a nolle prosequi, or the 419
date of any other determination that constitutes final resolution 420
of the case;
(e) A statement of the original charge with the section of 422
the Revised Code that was alleged to be violated; 423
(f) If the person or child was convicted, pleaded guilty, 425
or was adjudicated a delinquent child, the sentence or terms of 427
probation imposed or any other disposition of the offender or the 428
delinquent child.
If the offense involved the disarming of a law enforcement 430
officer or an attempt to disarm a law enforcement officer, the 431
clerk shall clearly state that fact in the summary, and the 432
superintendent shall ensure that a clear statement of that fact 433
is placed in the bureau's records.
(3) The superintendent shall cooperate with and assist 435
sheriffs, chiefs of police, and other law enforcement officers in 437
the establishment of a complete system of criminal identification 438
and in obtaining fingerprints and other means of identification 439
of all persons arrested on a charge of a felony, any crime 440
constituting a misdemeanor on the first offense and a felony on 441
11
subsequent offenses, or a misdemeanor described in division 442
(A)(1)(a) of section 109.572 of the Revised Code and of all 443
children under eighteen years of age arrested or otherwise taken 445
into custody for committing an act that would be a felony or an 447
offense of violence if committed by an adult. The superintendent 449
also shall file for record the fingerprint impressions of all 450
persons confined in a county, multicounty, municipal, 451
municipal-county, or multicounty-municipal jail or workhouse,
community-based correctional facility, halfway house, alternative 453
residential facility, or state correctional institution for the 454
violation of state laws and of all children under eighteen years 456
of age who are confined in a county, multicounty, municipal, 457
municipal-county, or multicounty-municipal jail or workhouse, 458
community-based correctional facility, halfway house, alternative 459
residential facility, or state correctional institution or in any 461
facility for delinquent children for committing an act that would 463
be a felony or an offense of violence if committed by an adult, 464
and any other information that the superintendent may receive 466
from law enforcement officials of the state and its political 467
subdivisions.
(4) The superintendent shall carry out Chapter 2950. of 469
the Revised Code with respect to the registration of persons who 472
are convicted of or plead guilty to a sexually oriented offense 473
and with respect to all other duties imposed on the bureau under 474
that chapter.
(B) The superintendent shall prepare and furnish to every 476
county, multicounty, municipal, municipal-county, or 477
multicounty-municipal jail or workhouse, community-based 478
correctional facility, halfway house, alternative residential 479
facility, or state correctional institution and to every clerk of 480
a court in this state specified in division (A)(2) of this 481
section standard forms for reporting the information required 482
under division (A) of this section. The standard forms that the 484
superintendent prepares pursuant to this division may be in a 485
12
tangible format, in an electronic format, or in both tangible 486
formats and electronic formats.
(C) The superintendent may operate a center for 488
electronic, automated, or other data processing for the storage 489
and retrieval of information, data, and statistics pertaining to 490
criminals and to children under eighteen years of age who are 491
adjudicated delinquent children for committing an act that would 493
be a felony or an offense of violence if committed by an adult, 494
criminal activity, crime prevention, law enforcement, and 497
criminal justice, and may establish and operate a statewide
communications network to gather and disseminate information, 498
data, and statistics for the use of law enforcement agencies. 499
The superintendent may gather, store, retrieve, and disseminate 501
information, data, and statistics that pertain to children who
are under eighteen years of age and that are gathered pursuant to 502
sections 109.57 to 109.61 of the Revised Code together with 503
information, data, and statistics that pertain to adults and that 504
are gathered pursuant to those sections. 505
(D) The information and materials furnished to the 507
superintendent pursuant to division (A) of this section and 508
information and materials furnished to any board or person under 509
division (F) or (G) of this section are not public records under 510
section 149.43 of the Revised Code. 511
(E) The attorney general shall adopt rules, in accordance 513
with Chapter 119. of the Revised Code, setting forth the 514
procedure by which a person may receive or release information 515
gathered by the superintendent pursuant to division (A) of this 517
section. A reasonable fee may be charged for this service. If a 518
temporary employment service submits a request for a 519
determination of whether a person the service plans to refer to 520
an employment position has been convicted of or pleaded guilty to 521
an offense listed in division (A)(1), (3), (4), or (5) of section 522
109.572 of the Revised Code, the request shall be treated as a 523
single request and only one fee shall be charged. 524
13
(F)(1) As used in division (F)(2) of this section, "head 526
start agency" means an entity in this state that has been 527
approved to be an agency for purposes of subchapter II of the 528
"Community Economic Development Act," 95 Stat. 489 (1981), 42 529
U.S.C.A. 9831, as amended. 530
(2)(a) In addition to or in conjunction with any request 532
that is required to be made under section 109.572, 2151.86, 533
3301.32, 3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 534
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of 535
education of any school district; any county board of mental 536
retardation and developmental disabilities; any entity under 537
contract with a county board of mental retardation and 538
developmental disabilities; the chief administrator of any 539
chartered nonpublic school; the chief administrator of any home 540
health agency; the chief administrator of or person operating any 541
child day-care center, type A family day-care home, or type B 542
family day-care home licensed or certified under Chapter 5104. of 543
the Revised Code; the administrator of any type C family day-care 544
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st 545
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st 546
general assembly; the chief administrator of any head start 547
agency; or the executive director of a public children services 548
agency may request that the superintendent of the bureau 549
investigate and determine, with respect to any individual who has 550
applied for employment in any position after October 2, 1989, or 551
any individual wishing to apply for employment with a board of 552
education may request, with regard to the individual, whether the 554
bureau has any information gathered under division (A) of this 555
section that pertains to that individual. On receipt of the 556
request, the superintendent shall determine whether that 557
information exists and, upon request of the person, board, or 558
entity requesting information, also shall request from the 559
federal bureau of investigation any criminal records it has 560
pertaining to that individual. Within thirty days of the date 561
14
that the superintendent receives a request, the superintendent 563
shall send to the board, entity, or person a report of any 564
information that the superintendent determines exists, including 566
information contained in records that have been sealed under 567
section 2953.32 of the Revised Code, and, within thirty days of 568
its receipt, shall send the board, entity, or person a report of 569
any information received from the federal bureau of 570
investigation, other than information the dissemination of which 571
is prohibited by federal law.
(b) When a board of education is required to receive 573
information under this section as a prerequisite to employment of 574
an individual pursuant to section 3319.39 of the Revised Code, it 575
may accept a certified copy of records that were issued by the 577
bureau of criminal identification and investigation and that are
presented by an individual applying for employment with the 578
district in lieu of requesting that information itself. In such 579
a case, the board shall accept the certified copy issued by the 580
bureau in order to make a photocopy of it for that individual's 581
employment application documents and shall return the certified 582
copy to the individual. In a case of that nature, a district 583
only shall accept a certified copy of records of that nature 584
within one year after the date of their issuance by the bureau. 586
(3) The state board of education may request, with respect 588
to any individual who has applied for employment after October 2, 589
1989, in any position with the state board or the department of 590
education, any information that a school district board of 591
education is authorized to request under division (F)(2) of this 593
section, and the superintendent of the bureau shall proceed as if 594
the request has been received from a school district board of 595
education under division (F)(2) of this section. 596
(4) When the superintendent of the bureau receives a 598
request for information that is authorized under section 3319.291 599
of the Revised Code, the superintendent shall proceed as if the 600
request has been received from a school district board of 601
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education under division (F)(2) of this section. 602
(G) In addition to or in conjunction with any request that 605
is required to be made under section 173.41, 3701.881, 3712.09, 606
3721.121, or 3722.151 of the Revised Code with respect to an 608
individual who has applied for employment in a position that 609
involves providing direct care to an older adult, the chief
administrator of a PASSPORT agency that provides services through 610
the PASSPORT program created under section 173.40 of the Revised 611
Code, home health agency, hospice care program, home licensed 613
under Chapter 3721. of the Revised Code, adult day-care program 614
operated pursuant to rules adopted under section 3721.04 of the 615
Revised Code, or adult care facility may request that the 617
superintendent of the bureau investigate and determine, with 618
respect to any individual who has applied after January 27, 1997, 620
for employment in a position that does not involve providing 621
direct care to an older adult, whether the bureau has any 622
information gathered under division (A) of this section that 623
pertains to that individual. On receipt of the request, the 624
superintendent shall determine whether that information exists 625
and, on request of the administrator requesting information, 626
shall also request from the federal bureau of investigation any 627
criminal records it has pertaining to that individual. Within 628
thirty days of the date a request is received, the superintendent 629
shall send to the administrator a report of any information 631
determined to exist, including information contained in records 632
that have been sealed under section 2953.32 of the Revised Code, 633
and, within thirty days of its receipt, shall send the 634
administrator a report of any information received from the 635
federal bureau of investigation, other than information the 636
dissemination of which is prohibited by federal law. 637
(H) Information obtained by a board, administrator, or 640
other person under this section is confidential and shall not be 641
released or disseminated.
(I) The superintendent may charge a reasonable fee for 643
16
providing information or criminal records under division (F)(2) 644
or (G) of this section. 645
Sec. 2151.18. (A)(1) The juvenile court shall maintain 654
records of all official cases brought before it, including an 655
appearance docket, a journal, and a cashbook. The court shall 656
maintain a separate docket for traffic cases and shall record all 658
traffic cases on the separate docket instead of on the general 660
appearance docket. The parents of any child affected, if they 661
are living, or the nearest of kin of the child, if the parents 662
are deceased, may inspect these records, either in person or by 663
counsel during the hours in which the court is open.
(2) The juvenile court shall send to the superintendent of 665
the bureau of criminal identification and investigation, pursuant 666
to section 109.57 of the Revised Code, a weekly report containing 667
a summary of each case that has come before it and that involves 668
an adjudication ALLEGATION that a child is a delinquent child for 670
committing an act that would be a felony or an offense of 671
violence if committed by an adult. 672
(B) The clerk of the court shall maintain a statistical 674
record that includes all of the following: 675
(1) The number of complaints that are filed with the court 677
that allege that a child is a delinquent child, in relation to 678
which the court determines under division (D) of section 2151.27 679
of the Revised Code that the victim of the alleged delinquent act 681
was sixty-five years of age or older or permanently and totally 682
disabled at the time of the alleged commission of the act; 683
(2) The number of complaints described in division (B)(1) 685
of this section that result in the child being adjudicated a 686
delinquent child; 687
(3) The number of complaints described in division (B)(2) 689
of this section in which the act upon which the delinquent child 690
adjudication is based caused property damage or would be a theft 691
offense, as defined in division (K) of section 2913.01 of the 692
Revised Code, if committed by an adult; 693
17
(4) The number of complaints described in division (B)(3) 695
of this section that result in the delinquent child being 696
required as an order of disposition made under division (A)(8)(b) 697
of section 2151.355 of the Revised Code to make restitution for 698
all or part of the property damage caused by the child's 699
delinquent act or for all or part of the value of the property 701
that was the subject of the delinquent act that would be a theft 702
offense if committed by an adult; 703
(5) The number of complaints described in division (B)(2) 705
of this section in which the act upon which the delinquent child 706
adjudication is based would have been an offense of violence if 707
committed by an adult; 708
(6) The number of complaints described in division (B)(5) 710
of this section that result in the delinquent child being 711
committed as an order of disposition made under division (A)(3), 712
(4), (5), (6), or (7) of section 2151.355 of the Revised Code to 713
any facility for delinquent children operated by the county, a 714
district, or a private agency or organization or to the 715
department of youth services; 716
(7) The number of complaints described in division (B)(1) 718
of this section that result in the case being transferred for 719
criminal prosecution to an appropriate court having jurisdiction 720
of the offense under section 2151.26 of the Revised Code. 721
(C) The clerk of the court shall compile an annual summary 723
covering the preceding calendar year showing all of the 724
information for that year contained in the statistical record 725
maintained under division (B) of this section. The statistical 726
record and the annual summary shall be public records open for 727
inspection. Neither the statistical record nor the annual 728
summary shall include the identity of any party to a case. 729
(D) Not later than June of each year, the court shall 731
prepare an annual report covering the preceding calendar year 732
showing the number and kinds of cases that have come before it, 733
the disposition of the cases, and any other data pertaining to 734
18
the work of the court that the juvenile judge directs. The court 736
shall file copies of the report with the board of county
commissioners. With the approval of the board, the court may 737
print or cause to be printed copies of the report for 738
distribution to persons and agencies interested in the court or 740
community program for dependent, neglected, abused, or delinquent 741
children and juvenile traffic offenders. The court shall include 742
the number of copies ordered printed and the estimated cost of
each printed copy on each copy of the report printed for 743
distribution. 744
Sec. 2151.31. (A) A child may be taken into custody in 753
any of the following ways: 754
(1) Pursuant to an order of the court under this chapter 756
OR PURSUANT TO AN ORDER OF THE COURT UPON A MOTION FILED PURSUANT 757
TO DIVISION (B) OF SECTION 2930.05 OF THE REVISED CODE; 758
(2) Pursuant to the laws of arrest; 760
(3) By a law enforcement officer or duly authorized 762
officer of the court when any of the following conditions are 763
present: 764
(a) There are reasonable grounds to believe that the child 766
is suffering from illness or injury and is not receiving proper 767
care, as described in section 2151.03 of the Revised Code, and 768
the child's removal is necessary to prevent immediate or 769
threatened physical or emotional harm; 771
(b) There are reasonable grounds to believe that the child 773
is in immediate danger from the child's surroundings and that the 775
child's removal is necessary to prevent immediate or threatened 776
physical or emotional harm; 777
(c) There are reasonable grounds to believe that a parent, 779
guardian, custodian, or other household member of the child's 780
household has abused or neglected another child in the household 781
and to believe that the child is in danger of immediate or 782
threatened physical or emotional harm from that person. 783
(4) By an enforcement official, as defined in section 785
19
4109.01 of the Revised Code, under the circumstances set forth in 786
section 4109.08 of the Revised Code; 787
(5) By a law enforcement officer or duly authorized 789
officer of the court when there are reasonable grounds to believe 790
that the child has run away from the child's parents, guardian, 792
or other custodian; 793
(6) By a law enforcement officer or duly authorized 795
officer of the court when any of the following apply: 796
(a) There are reasonable grounds to believe that the 798
conduct, conditions, or surroundings of the child are endangering 799
the health, welfare, or safety of the child. 800
(b) A complaint has been filed with respect to the child 802
under section 2151.27 of the Revised Code and there are 803
reasonable grounds to believe that the child may abscond or be 804
removed from the jurisdiction of the court. 805
(c) The child is required to appear in court and there are 807
reasonable grounds to believe that the child will not be brought 808
before the court when required. 809
(B)(1) The taking of a child into custody is not and shall 811
not be deemed an arrest except for the purpose of determining its 812
validity under the constitution of this state or of the United 813
States. 814
(2) Except as provided in division (C) of section 2151.311 816
of the Revised Code, a child taken into custody shall not be held 817
in any state correctional institution, county, multicounty, or 819
municipal jail or workhouse, or any other place where any adult 820
convicted of crime, under arrest, or charged with crime is held. 821
(C) A child taken into custody shall not be confined in a 823
place of juvenile detention or placed in shelter care prior to 824
the implementation of the court's final order of disposition, 825
unless detention or shelter care is required to protect the child 827
from immediate or threatened physical or emotional harm, because 828
the child may abscond or be removed from the jurisdiction of the 829
court, because the child has no parents, guardian, or custodian 830
20
or other person able to provide supervision and care for the 831
child and return the child to the court when required, or because 832
an order for placement of the child in detention or shelter care 833
has been made by the court pursuant to this chapter. 834
(D) Upon receipt of notice from a person that the person 836
intends to take an alleged abused, neglected, or dependent child 837
into custody pursuant to division (A)(3) of this section, a 838
juvenile judge or a designated referee may grant by telephone an 839
ex parte emergency order authorizing the taking of the child into 840
custody if there is probable cause to believe that any of the 841
conditions set forth in divisions (A)(3)(a) to (c) of this 842
section are present. The judge or referee shall journalize any 843
ex parte emergency order issued pursuant to this division. If an 844
order is issued pursuant to this division and the child is taken 845
into custody pursuant to the order, a sworn complaint shall be 846
filed with respect to the child before the end of the next 847
business day after the day on which the child is taken into 848
custody and a hearing shall be held pursuant to division (E) of 849
this section and the Juvenile Rules. A juvenile judge or referee 850
shall not grant an emergency order by telephone pursuant to this 851
division until after the judge or referee determines that 852
reasonable efforts have been made to notify the parents, 854
guardian, or custodian of the child that the child may be placed 855
into shelter care and of the reasons for placing the child into 856
shelter care, except that, if the requirement for notification 857
would jeopardize the physical or emotional safety of the child or 858
result in the child being removed from the court's jurisdiction, 859
the judge or referee may issue the order for taking the child 860
into custody and placing the child into shelter care prior to 861
giving notice to the parents, guardian, or custodian of the 862
child.
(E) If a judge or referee pursuant to division (D) of this 864
section issues an ex parte emergency order for taking a child 865
into custody, the court shall hold a hearing to determine whether 866
21
there is probable cause for the emergency order. The hearing 867
shall be held before the end of the next business day after the 868
day on which the emergency order is issued, except that it shall 869
not be held later than seventy-two hours after the emergency 870
order is issued. 871
If the court determines at the hearing that there is not 873
probable cause for the issuance of the emergency order issued 874
pursuant to division (D) of this section, it shall order the 875
child released to the custody of the child's parents, guardian, 877
or custodian. If the court determines at the hearing that there 878
is probable cause for the issuance of the emergency order issued 879
pursuant to division (D) of this section, the court shall do both 881
of the following: 882
(1) Ensure that a complaint is filed or has been filed; 884
(2) Hold a hearing pursuant to section 2151.314 of the 886
Revised Code to determine if the child should remain in shelter 887
care. 888
(F) If the court determines at the hearing held pursuant 890
to division (E) of this section that there is probable cause to 891
believe that the child is an abused child, as defined in division 892
(A) of section 2151.031 of the Revised Code, the court may do any 893
of the following: 894
(1) Upon the motion of any party, the guardian ad litem, 896
the prosecuting attorney, or an employee of the public children 897
services agency, or its own motion, issue reasonable protective 901
orders with respect to the interviewing or deposition of the 902
child;
(2) Order that the child's testimony be videotaped for 904
preservation of the testimony for possible use in any other 905
proceedings in the case; 906
(3) Set any additional conditions with respect to the 908
child or the case involving the child that are in the best 909
interest of the child. 910
(G) This section is not intended, and shall not be 912
22
construed, to prevent any person from taking a child into 913
custody, if taking the child into custody is necessary in an 914
emergency to prevent the physical injury, emotional harm, or 915
neglect of the child. 916
Sec. 2151.355. (A) If a child is adjudicated a delinquent 925
child, the court may make any of the following orders of 927
disposition:
(1) Any order that is authorized by section 2151.353 of 929
the Revised Code; 930
(2) Place the child on probation under any conditions that 932
the court prescribes. If the child is adjudicated a delinquent 933
child for violating section 2909.05, 2909.06, or 2909.07 of the 935
Revised Code and if restitution is appropriate under the
circumstances of the case, the court shall require the child to 936
make restitution for the property damage caused by the child's 937
violation as a condition of the child's probation. If the child 939
is adjudicated a delinquent child because the child violated any 940
other section of the Revised Code, the court may require the 941
child as a condition of the child's probation to make restitution 942
for the property damage caused by the child's violation and for 943
the value of the property that was the subject of the violation 944
the child committed if it would be a theft offense, as defined in 945
division (K) of section 2913.01 of the Revised Code, if committed 946
by an adult. The restitution may be in the form of a cash 947
reimbursement paid in a lump sum or in installments, the 948
performance of repair work to restore any damaged property to its 949
original condition, the performance of a reasonable amount of 950
labor for the victim approximately equal to the value of the 951
property damage caused by the child's violation or to the value 952
of the property that is the subject of the violation if it would 953
be a theft offense if committed by an adult, the performance of 954
community service or community work, any other form of 955
restitution devised by the court, or any combination of the 956
previously described forms of restitution.
23
If the child is adjudicated a delinquent child for 958
violating a law of this state or the United States, or an 959
ordinance or regulation of a political subdivision of this state, 960
that would be a crime if committed by an adult or for violating 962
division (A) of section 2923.211 of the Revised Code, the court,
in addition to all other required or permissive conditions of 964
probation that the court imposes upon the delinquent child 966
pursuant to division (A)(2) of this section, shall require the 967
child as a condition of the child's probation to abide by the law 968
during the period of probation, including, but not limited to, 969
complying with the provisions of Chapter 2923. of the Revised 970
Code relating to the possession, sale, furnishing, transfer, 971
disposition, purchase, acquisition, carrying, conveying, or use 972
of, or other conduct involving, a firearm or dangerous ordnance, 973
as defined in section 2923.11 of the Revised Code. 974
(3) Commit the child to the temporary custody of any 976
school, camp, institution, or other facility operated for the 978
care of delinquent children by the county, by a district 979
organized under section 2151.34 or 2151.65 of the Revised Code, 980
or by a private agency or organization, within or without the 981
state, that is authorized and qualified to provide the care, 982
treatment, or placement required;
(4) If the child is adjudicated a delinquent child for 984
committing an act that would be a felony of the third, fourth, or 985
fifth degree if committed by an adult or for violating division 987
(A) of section 2923.211 of the Revised Code, commit the child to 988
the legal custody of the department of youth services for 989
institutionalization for an indefinite term consisting of a 990
minimum period of six months and a maximum period not to exceed 991
the child's attainment of twenty-one years of age; 992
(5)(a) If the child is adjudicated a delinquent child for 994
violating section 2903.03, 2905.01, 2909.02, or 2911.01 or 995
division (A) of section 2903.04 of the Revised Code or for 996
violating any provision of section 2907.02 of the Revised Code 997
24
other than division (A)(1)(b) of that section when the sexual 999
conduct or insertion involved was consensual and when the victim
of the violation of division (A)(1)(b) of that section was older 1,001
than the delinquent child, was the same age as the delinquent 1,002
child, or was less than three years younger than the delinquent 1,003
child, commit the child to the legal custody of the department of 1,004
youth services for institutionalization in a secure facility for 1,005
an indefinite term consisting of a minimum period of one to three 1,006
years, as prescribed by the court, and a maximum period not to 1,007
exceed the child's attainment of twenty-one years of age; 1,008
(b) If the child is adjudicated a delinquent child for 1,011
violating section 2923.02 of the Revised Code and if the 1,012
violation involves an attempt to commit a violation of section
2903.01 or 2903.02 of the Revised Code, commit the child to the 1,014
legal custody of the department of youth services for
institutionalization in a secure facility for an indefinite term 1,015
consisting of a minimum period of six to seven years, as 1,016
prescribed by the court, and a maximum period not to exceed the 1,017
child's attainment of twenty-one years of age;
(c) If the child is adjudicated a delinquent child for 1,019
committing an act that is not described in division (A)(5)(a) or 1,020
(b) of this section and that would be a felony of the first or 1,021
second degree if committed by an adult, commit the child to the 1,022
legal custody of the department of youth services for 1,023
institutionalization in a secure facility for an indefinite term 1,024
consisting of a minimum period of one year and a maximum period 1,025
not to exceed the child's attainment of twenty-one years of age. 1,026
(6) If the child is adjudicated a delinquent child for 1,028
committing a violation of section 2903.01 or 2903.02 of the 1,029
Revised Code, commit the child to the legal custody of the 1,031
department of youth services for institutionalization in a secure 1,032
facility until the child's attainment of twenty-one years of age; 1,033
(7)(a) If the child is adjudicated a delinquent child for 1,036
committing an act, other than a violation of section 2923.12 of 1,037
25
the Revised Code, that would be a felony if committed by an adult 1,038
and is committed to the legal custody of the department of youth 1,039
services pursuant to division (A)(4), (5), or (6) of this section 1,040
and if the court determines that the child, if the child was an 1,041
adult, would be guilty of a specification of the type set forth 1,042
in section 2941.141, 2941.144, 2941.145, or 2941.146 of the 1,043
Revised Code in relation to the act for which the child was 1,044
adjudicated a delinquent child, commit the child to the legal 1,045
custody of the department of youth services for
institutionalization in a secure facility for the following 1,046
period of time, subject to division (A)(7)(c) of this section: 1,047
(i) If the child would be guilty of a specification of the 1,049
type set forth in section 2941.141 of the Revised Code, a period 1,050
of one year; 1,051
(ii) If the child would be guilty of a specification of 1,053
the type set forth in section 2941.144, 2941.145, or 2941.146 of 1,054
the Revised Code, a period of three years. 1,055
(b) If the child is adjudicated a delinquent child for 1,057
committing a category one offense or a category two offense and 1,058
is committed to the legal custody of the department of youth 1,059
services pursuant to division (A)(5) or (6) of this section and 1,060
if the court determines that the child, if the child was an 1,061
adult, would be guilty of a specification of the type set forth 1,062
in section 2941.142 of the Revised Code in relation to the act 1,063
for which the child was adjudicated a delinquent child, the court 1,064
shall commit the child to the legal custody of the department of 1,066
youth services for institutionalization in a secure facility for
a period of not less than one year or more than three years, 1,067
subject to division (A)(7)(c) of this section. 1,068
(c) The court shall not commit a child to the legal 1,071
custody of the department of youth services pursuant to division 1,072
(A)(7)(a) or (b) of this section for a period of time that 1,073
exceeds three years. The period of commitment imposed pursuant 1,074
to division (A)(7)(a) or (b) of this section shall be in addition 1,075
26
to, and shall be served consecutively with and prior to, a period 1,076
of commitment ordered pursuant to division (A)(4), (5), or (6) of 1,077
this section, provided that the total of all the periods of 1,078
commitment shall not exceed the child's attainment of twenty-one 1,079
years of age.
(8)(a) Impose a fine and costs in accordance with the 1,082
schedule set forth in section 2151.3512 of the Revised Code;
(b) Require the child to make restitution for all or part 1,084
of the property damage caused by the child's delinquent act and 1,085
for all or part of the value of the property that was the subject 1,086
of any delinquent act the child committed that would be a theft 1,087
offense, as defined in division (K) of section 2913.01 of the 1,088
Revised Code, if committed by an adult. If the court determines 1,089
that the victim of the child's delinquent act was sixty-five 1,090
years of age or older or permanently and totally disabled at the 1,091
time of the commission of the act, the court, regardless of 1,092
whether or not the child knew the age of the victim, shall 1,093
consider that fact in favor of imposing restitution, but that 1,094
fact shall not control the decision of the court. The 1,095
restitution may be in the form of a cash reimbursement paid in a 1,096
lump sum or in installments, the performance of repair work to 1,097
restore any damaged property to its original condition, the 1,098
performance of a reasonable amount of labor for the victim, the 1,099
performance of community service or community work, any other 1,100
form of restitution devised by the court, or any combination of 1,101
the previously described forms of restitution. 1,102
(9) Subject to division (D) of this section, suspend or 1,105
revoke the driver's license, probationary driver's license, or 1,106
temporary instruction permit issued to the child or suspend or 1,107
revoke the registration of all motor vehicles registered in the 1,108
name of the child. A child whose license or permit is so 1,109
suspended or revoked is ineligible for issuance of a license or 1,110
permit during the period of suspension or revocation. At the end 1,111
of the period of suspension or revocation, the child shall not be 1,112
27
reissued a license or permit until the child has paid any 1,113
applicable reinstatement fee and complied with all requirements 1,114
governing license reinstatement.
(10) If the child is adjudicated a delinquent child for 1,116
committing an act that, if committed by an adult, would be a 1,118
criminal offense that would qualify the adult as an eligible
offender pursuant to division (A)(3) of section 2929.23 of the 1,119
Revised Code, impose a period of electronically monitored house 1,120
detention in accordance with division (I) of this section that 1,122
does not exceed the maximum sentence of imprisonment that could 1,123
be imposed upon an adult who commits the same act; 1,124
(11) Impose a period of day reporting in which the child 1,126
is required each day to report to and leave a center or other 1,127
approved reporting location at specified times in order to 1,128
participate in work, education or training, treatment, and other 1,129
approved programs at the center or outside the center; 1,130
(12) Impose a period of electronically monitored house 1,132
arrest in accordance with division (I) of this section; 1,134
(13) Impose a period of community service of up to five 1,136
hundred hours; 1,137
(14) Impose a period in an alcohol or drug treatment 1,139
program with a level of security for the child as determined 1,140
necessary by the court; 1,141
(15) Impose a period of intensive supervision, in which 1,143
the child is required to maintain frequent contact with a person 1,144
appointed by the court to supervise the child while the child is 1,145
seeking or maintaining employment and participating in training, 1,146
education, and treatment programs as the order of disposition; 1,148
(16) Impose a period of basic supervision, in which the 1,150
child is required to maintain contact with a person appointed to 1,151
supervise the child in accordance with sanctions imposed by the 1,152
court; 1,153
(17) Impose a period of drug and alcohol use monitoring; 1,156
(18) Impose a period in which the court orders the child 1,158
28
to observe a curfew that may involve daytime or evening hours; 1,160
(19) Require the child to obtain a high school diploma, a 1,163
certificate of high school equivalence, or employment; 1,164
(20) If the court obtains the assent of the victim of the 1,167
criminal act committed by the child, require the child to 1,168
participate in a reconciliation or mediation program that 1,169
includes a meeting in which the child and the victim may discuss 1,170
the criminal act, discuss restitution, and consider other 1,171
sanctions for the criminal act;
(21) Commit the child to the temporary or permanent 1,173
custody of the court;
(22) Make any further disposition that the court finds 1,175
proper, except that the child shall not be placed in any state 1,177
correctional institution, county, multicounty, or municipal jail 1,178
or workhouse, or other place in which an adult convicted of a 1,180
crime, under arrest, or charged with a crime is held (22). 1,181
(B)(1) If a child is adjudicated a delinquent child for 1,184
violating section 2923.32 of the Revised Code, the court, in 1,185
addition to any order of disposition it makes for the child under 1,186
division (A) of this section, shall enter an order of criminal 1,187
forfeiture against the child in accordance with divisions (B)(3), 1,188
(4), (5), and (6) and (C) to (F) of section 2923.32 of the 1,189
Revised Code.
(2) If a child is adjudicated a delinquent child for 1,192
committing two or more acts that would be felonies if committed
by an adult and if the court entering the delinquent child 1,193
adjudication orders the commitment of the child, for two or more 1,194
of those acts, to the legal custody of the department of youth 1,195
services for institutionalization or institutionalization in a 1,196
secure facility pursuant to division (A)(4), (5), or (6) of this 1,197
section, the court may order that all of the periods of 1,198
commitment imposed under those divisions for those acts be served 1,200
consecutively in the legal custody of the department of youth 1,201
services and, if applicable, be in addition to and commence 1,202
29
immediately following the expiration of a period of commitment 1,203
that the court imposes pursuant to division (A)(7) of this 1,204
section. A court shall not commit a delinquent child to the 1,205
legal custody of the department of youth services under division 1,206
(B)(2) of this section for a period that exceeds the child's 1,207
attainment of twenty-one years of age.
(C) If a child is adjudicated a delinquent child for 1,209
committing an act that, if committed by an adult, would be a drug 1,211
abuse offense, as defined in section 2925.01 of the Revised Code, 1,212
or for violating division (B) of section 2917.11 of the Revised 1,213
Code, in addition to imposing in its discretion any other order 1,214
of disposition authorized by this section, the court shall do 1,215
both of the following:
(1) Require the child to participate in a drug abuse or 1,217
alcohol abuse counseling program; 1,218
(2) Suspend or revoke the temporary instruction permit, 1,220
probationary driver's license, or driver's license issued to the 1,222
child for a period of time prescribed by the court or, at the 1,223
discretion of the court, until the child attends and 1,224
satisfactorily completes, a drug abuse or alcohol abuse 1,226
education, intervention, or treatment program specified by the 1,227
court. During the time the child is attending the program, the 1,228
court shall retain any temporary instruction permit, probationary 1,229
driver's license, or driver's license issued to the child, and 1,230
the court shall return the permit or license when the child 1,231
satisfactorily completes the program. 1,232
(D) If a child is adjudicated a delinquent child for 1,235
violating section 2923.122 of the Revised Code, the court, in
addition to any order of disposition it makes for the child under 1,237
division (A), (B), or (C) of this section, shall revoke the 1,239
temporary instruction permit and deny the child the issuance of 1,240
another temporary instruction permit in accordance with division 1,241
(E)(F)(1)(b) of section 2923.122 of the Revised Code or shall 1,242
suspend the probationary driver's license, restricted license, or 1,243
30
nonresident operating privilege of the child or deny the child 1,244
the issuance of a probationary driver's license, restricted 1,245
license, or temporary instruction permit in accordance with 1,246
division (E)(F)(1)(a), (c), (d), or (e) of section 2923.122 of 1,247
the Revised Code. 1,248
(E)(1) At the dispositional hearing and prior to making 1,250
any disposition pursuant to division (A) of this section, the 1,251
court shall determine whether a victim of the delinquent act 1,252
committed by the child was five years of age or younger at the 1,253
time the delinquent act was committed, whether a victim of the 1,254
delinquent act sustained physical harm to the victim's person 1,255
during the commission of or otherwise as a result of the 1,256
delinquent act, whether a victim of the delinquent act was 1,257
sixty-five years of age or older or permanently and totally 1,258
disabled at the time the delinquent act was committed, and 1,259
whether the delinquent act would have been an offense of violence 1,260
if committed by an adult. If the victim was five years of age or 1,261
younger at the time the delinquent act was committed, sustained 1,262
physical harm to the victim's person during the commission of or
otherwise as a result of the delinquent act, or was sixty-five 1,263
years of age or older or permanently and totally disabled at the 1,265
time the act was committed, regardless of whether the child knew 1,266
the age of the victim, and if the act would have been an offense 1,267
of violence if committed by an adult, the court shall consider 1,268
those facts in favor of imposing commitment under division 1,269
(A)(3), (4), (5), or (6) of this section, but those facts shall 1,270
not control the court's decision.
(2) At the dispositional hearing and prior to making any 1,272
disposition pursuant to division (A)(4), (5), or (6) of this 1,273
section, the court shall determine whether the delinquent child 1,274
previously has been adjudicated a delinquent child for a 1,275
violation of a law or ordinance. If the delinquent child 1,276
previously has been adjudicated a delinquent child for a 1,277
violation of a law or ordinance, the court, for purposes of
31
entering an order of disposition for the delinquent child under 1,278
this section, shall consider the previous delinquent child 1,280
adjudication as a conviction of a violation of the law or 1,281
ordinance in determining the degree of offense the current
delinquent act would be had it been committed by an adult. 1,282
(F)(1) When a juvenile court commits a delinquent child to 1,284
the custody of the department of youth services pursuant to this 1,285
section, the court shall not designate the specific institution 1,286
in which the department is to place the child but instead shall 1,288
specify that the child is to be institutionalized or that the 1,289
institutionalization is to be in a secure facility if that is
required by division (A) of this section. 1,290
(2) When a juvenile court commits a delinquent child to 1,292
the custody of the department of youth services, the court shall 1,293
provide the department with the child's medical records, a copy 1,294
of the report of any mental examination of the child ordered by 1,296
the court, the section or sections of the Revised Code violated 1,297
by the child and the degree of the violation, the warrant to 1,298
convey the child to the department, a copy of the court's journal 1,299
entry ordering the commitment of the child to the legal custody 1,300
of the department, a copy of the arrest record pertaining to the 1,301
act for which the child was adjudicated a delinquent child, a 1,302
copy of any victim impact statement pertaining to the act, and 1,303
any other information concerning the child that the department 1,304
reasonably requests. The court also shall complete the form for 1,305
the standard disposition investigation report that is developed 1,307
and furnished by the department of youth services pursuant to 1,308
section 5139.04 of the Revised Code and provide the department
with the completed form. The department may refuse to accept 1,309
physical custody of a delinquent child who is committed to the 1,311
legal custody of the department until the court provides to the 1,312
department the documents specified in division (F)(2) of this 1,313
section. No officer or employee of the department who refuses to 1,314
accept physical custody of a delinquent child who is committed to 1,315
32
the legal custody of the department shall be subject to
prosecution or contempt of court for the refusal if the court 1,316
fails to provide the documents specified in division (F)(2) of 1,317
this section at the time the court transfers the physical custody 1,318
of the child to the department. 1,319
(3) Within twenty working days after the department of 1,321
youth services receives physical custody of a delinquent child 1,322
from a juvenile court, the court shall provide the department 1,323
with a certified copy of the child's birth certificate or the 1,325
child's social security number, or, if the court made all
reasonable efforts to obtain the information but was 1,326
unsuccessful, the court shall provide the department with 1,327
documentation of the efforts it made to obtain the information. 1,328
(4) When a juvenile court commits a delinquent child to 1,330
the custody of the department of youth services, the court shall 1,331
give notice to the school attended by the child of the child's 1,332
commitment by sending to that school a copy of the court's 1,333
journal entry ordering the commitment. As soon as possible after 1,334
receipt of the notice described in this division, the school 1,335
shall provide the department with the child's school transcript. 1,336
However, the department shall not refuse to accept a child 1,337
committed to it, and a child committed to it shall not be held in 1,338
a county or district detention home, because of a school's 1,339
failure to provide the school transcript that it is required to 1,340
provide under division (F)(4) of this section. 1,341
(5) The department of youth services shall provide the 1,343
court and the school with an updated copy of the child's school 1,344
transcript and shall provide the court with a summary of the 1,345
institutional record of the child when it releases the child from 1,346
institutional care. The department also shall provide the court 1,347
with a copy of any portion of the child's institutional record 1,348
that the court specifically requests within five working days of 1,349
the request.
(6) When a juvenile court commits a delinquent child to 1,351
33
the custody of the department of youth services pursuant to 1,352
division (A)(4) or (5) of this section, the court shall state in 1,353
the order of commitment the total number of days that the child 1,354
has been held, as of the date of the issuance of the order, in 1,355
detention in connection with the delinquent child complaint upon 1,356
which the order of commitment is based. The department shall 1,358
reduce the minimum period of institutionalization or minimum 1,359
period of institutionalization in a secure facility specified in 1,360
division (A)(4) or (5) of this section by both the total number 1,361
of days that the child has been so held in detention as stated by 1,362
the court in the order of commitment and the total number of any 1,363
additional days that the child has been held in detention 1,364
subsequent to the order of commitment but prior to the transfer 1,365
of physical custody of the child to the department.
(G)(1) At any hearing at which a child is adjudicated a 1,368
delinquent child or as soon as possible after the hearing, the
court shall notify all victims of the delinquent act, who may be 1,369
entitled to a recovery under any of the following sections, of 1,370
the right of the victims to recover, pursuant to section 3109.09 1,371
of the Revised Code, compensatory damages from the child's 1,372
parents; of the right of the victims to recover, pursuant to 1,373
section 3109.10 of the Revised Code, compensatory damages from 1,374
the child's parents for willful and malicious assaults committed 1,375
by the child; and of the right of the victims to recover an award 1,376
of reparations pursuant to sections 2743.51 to 2743.72 of the 1,377
Revised Code. 1,378
(2) If a child is adjudicated a delinquent child for 1,381
committing an act that, if committed by an adult, would be 1,382
aggravated murder, murder, rape, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, 1,383
involuntary manslaughter, a felony of the first or second degree 1,385
resulting in the death of or physical harm to a person, 1,386
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 1,387
34
or was substantially equivalent to any of those offenses and if 1,388
the court in its order of disposition for that act commits the 1,389
child to the custody of the department of youth services, the 1,390
court may make a specific finding that the adjudication should be 1,391
considered a conviction for purposes of a determination in the 1,392
future, pursuant to Chapter 2929. of the Revised Code, as to 1,393
whether the child is a repeat violent offender as defined in 1,394
section 2929.01 of the Revised Code. If the court makes a 1,395
specific finding as described in this division, it shall include 1,396
the specific finding in its order of disposition and in the 1,397
record in the case.
(H)(1) If a child is adjudicated a delinquent child for 1,399
committing an act that would be a felony OR OFFENSE OF VIOLENCE 1,400
if committed by an adult and if the child caused, attempted to 1,402
cause, threatened to cause, or created the risk of physical harm 1,403
to the victim of the act, the court, prior to issuing an order of 1,404
disposition under this section, shall order the preparation of a 1,405
victim impact statement by the probation department of the county 1,406
in which the victim of the act resides, by the court's own 1,407
probation department, or by a victim assistance program that is 1,408
operated by the state, a county, a municipal corporation, or 1,409
another governmental entity. The court shall consider the victim 1,410
impact statement in determining the order of disposition to issue 1,411
for the child. 1,412
(2) Each victim impact statement shall identify the victim 1,414
of the act for which the child was adjudicated a delinquent 1,415
child, itemize any economic loss suffered by the victim as a 1,416
result of the act, identify any physical injury suffered by the 1,417
victim as a result of the act and the seriousness and permanence 1,418
of the injury, identify any change in the victim's personal 1,419
welfare or familial relationships as a result of the act and any 1,420
psychological impact experienced by the victim or the victim's 1,421
family as a result of the act, and contain any other information 1,422
related to the impact of the act upon the victim that the court 1,423
35
requires. 1,424
(3) A victim impact statement shall be kept confidential 1,426
and is not a public record, as defined in section 149.43 of the 1,427
Revised Code. However, the court may furnish copies of the 1,428
statement to the department of youth services pursuant to 1,429
division (F)(3) of this section or to both the adjudicated 1,430
delinquent child or the adjudicated delinquent child's counsel 1,431
and the prosecuting attorney. The copy of a victim impact 1,433
statement furnished by the court to the department pursuant to 1,434
division (F)(3) of this section shall be kept confidential and is 1,435
not a public record, as defined in section 149.43 of the Revised 1,436
Code. The copies of a victim impact statement that are made 1,437
available to the adjudicated delinquent child or the adjudicated 1,438
delinquent child's counsel and the prosecuting attorney pursuant 1,440
to division (H)(3) of this section shall be returned to the court 1,443
by the person to whom they were made available immediately 1,444
following the imposition of an order of disposition for the child 1,445
under this section.
(I)(1) As used in division (I)(2) of this section, "felony 1,447
drug abuse offense" has the same meaning as in section 2925.01 of 1,448
the Revised Code. 1,449
(2) Sections 2925.41 to 2925.45 of the Revised Code apply 1,451
to children who are adjudicated or could be adjudicated by a 1,452
juvenile court to be delinquent children for an act that, if 1,453
committed by an adult, would be a felony drug abuse offense. 1,454
Subject to division (B) of section 2925.42 and division (E) of 1,455
section 2925.43 of the Revised Code, a delinquent child of that 1,456
nature loses any right to the possession of, and forfeits to the 1,457
state any right, title, and interest that the delinquent child 1,458
may have in, property as defined in section 2925.41 and further 1,459
described in section 2925.42 or 2925.43 of the Revised Code. 1,460
(3) Sections 2923.44 to 2923.47 of the Revised Code apply 1,463
to children who are adjudicated or could be adjudicated by a 1,464
juvenile court to be delinquent children for an act in violation 1,465
36
of section 2923.42 of the Revised Code. Subject to division (B) 1,467
of section 2923.44 and division (E) of section 2923.45 of the 1,468
Revised Code, a delinquent child of that nature loses any right 1,469
to the possession of, and forfeits to the state any right, title,
and interest that the delinquent child may have in, property as 1,470
defined in section 2923.41 of the Revised Code and further 1,471
described in section 2923.44 or 2923.45 of the Revised Code. 1,472
(J)(1) As used in this section: 1,474
(a) "Electronic monitoring device," "certified electronic 1,476
monitoring device," "electronic monitoring system," and 1,477
"certified electronic monitoring system" have the same meanings 1,478
as in section 2929.23 of the Revised Code. 1,479
(b) "Electronically monitored house detention" means a 1,481
period of confinement of a child in the child's home or in other 1,482
premises specified by the court, during which period of 1,484
confinement all of the following apply: 1,485
(i) The child wears, otherwise has attached to the child's 1,487
person, or otherwise is subject to monitoring by a certified 1,488
electronic monitoring device or is subject to monitoring by a 1,489
certified electronic monitoring system. 1,490
(ii) The child is required to remain in the child's home 1,492
or other premises specified by the court for the specified period 1,493
of confinement, except for periods of time during which the child 1,494
is at school or at other premises as authorized by the court. 1,495
(iii) The child is subject to monitoring by a central 1,497
system that monitors the certified electronic monitoring device 1,498
that is attached to the child's person or that otherwise is being 1,499
used to monitor the child and that can monitor and determine the 1,501
child's location at any time or at a designated point in time, or 1,502
the child is required to participate in monitoring by a certified 1,504
electronic monitoring system. 1,505
(iv) The child is required by the court to report 1,507
periodically to a person designated by the court. 1,508
(v) The child is subject to any other restrictions and 1,510
37
requirements that may be imposed by the court. 1,511
(2) A juvenile court, pursuant to division (A)(10) of this 1,513
section, may impose a period of electronically monitored house 1,514
detention upon a child who is adjudicated a delinquent child for 1,515
committing an act that, if committed by an adult, would be a 1,516
criminal offense that would qualify the adult as an eligible 1,517
offender pursuant to division (A)(3) of section 2929.23 of the 1,518
Revised Code. The court may impose a period of electronically 1,519
monitored house detention in addition to or in lieu of any other 1,520
dispositional order imposed upon the child, except that any 1,521
period of electronically monitored house detention shall not 1,522
extend beyond the child's eighteenth birthday. If a court 1,523
imposes a period of electronically monitored house detention upon 1,524
a child, it shall require the child to wear, otherwise have 1,525
attached to the child's person, or otherwise be subject to 1,526
monitoring by a certified electronic monitoring device or to 1,528
participate in the operation of and monitoring by a certified 1,529
electronic monitoring system; to remain in the child's home or 1,530
other specified premises for the entire period of electronically 1,532
monitored house detention except when the court permits the child 1,533
to leave those premises to go to school or to other specified 1,534
premises; to be monitored by a central system that monitors the 1,535
certified electronic monitoring device that is attached to the 1,536
child's person or that otherwise is being used to monitor the 1,537
child and that can monitor and determine the child's location at 1,538
any time or at a designated point in time or to be monitored by 1,539
the certified electronic monitoring system; to report 1,540
periodically to a person designated by the court; and, in return 1,541
for receiving a dispositional order of electronically monitored 1,542
house detention, to enter into a written contract with the court 1,543
agreeing to comply with all restrictions and requirements imposed 1,544
by the court, agreeing to pay any fee imposed by the court for 1,545
the costs of the electronically monitored house detention imposed 1,546
by the court pursuant to division (E) of section 2929.23 of the 1,547
38
Revised Code, and agreeing to waive the right to receive credit 1,548
for any time served on electronically monitored house detention 1,549
toward the period of any other dispositional order imposed upon 1,550
the child for the act for which the dispositional order of 1,551
electronically monitored house detention was imposed if the child 1,552
violates any of the restrictions or requirements of the 1,553
dispositional order of electronically monitored house detention. 1,554
The court also may impose other reasonable restrictions and 1,555
requirements upon the child.
(3) If a child violates any of the restrictions or 1,557
requirements imposed upon the child as part of the child's 1,558
dispositional order of electronically monitored house detention, 1,559
the child shall not receive credit for any time served on 1,560
electronically monitored house detention toward any other 1,561
dispositional order imposed upon the child for the act for which 1,562
the dispositional order of electronically monitored house 1,564
detention was imposed.
(K) Within ten days after completion of the adjudication, 1,566
the court shall give written notice of an adjudication that a 1,567
child is a delinquent child to the superintendent of a city, 1,568
local, exempted village, or joint vocational school district if 1,569
the basis of the adjudication was the commission of an act that 1,570
would be a criminal offense if committed by an adult and that was 1,571
committed by the delinquent child when the child was sixteen 1,572
years of age or older and if the act is any of the following: 1,573
(1) A violation of section 2923.122 of the Revised Code 1,575
that relates to property owned or controlled by, or to an 1,576
activity held under the auspices of, the board of education of 1,577
that school district; 1,578
(2) A violation of section 2923.12 of the Revised Code or 1,580
of a substantially similar municipal ordinance that was committed 1,581
on property owned or controlled by, or at an activity held under 1,582
the auspices of, the board of education of that school district; 1,583
(3) A violation of division (A) of section 2925.03 or 1,585
39
2925.11 of the Revised Code that was committed on property owned 1,586
or controlled by, or at an activity held under the auspices of, 1,587
the board of education of that school district and that is not a 1,588
minor drug possession offense as defined in section 2925.01 of 1,589
the Revised Code;
(4) A violation of section 2903.01, 2903.02, 2903.03, 1,591
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised 1,593
Code, or a violation of former section 2907.12 of the Revised
Code, that was committed on property owned or controlled by, or 1,594
at an activity held under the auspices of, the board of education 1,595
of that school district, if the victim at the time of the 1,597
commission of the act was an employee of the board of education 1,598
of that school district;
(5) Complicity in any violation described in division 1,600
(K)(1), (2), (3), or (4) of this section that was alleged to have 1,602
been committed in the manner described in division (K)(1), (2), 1,603
(3), or (4) of this section, regardless of whether the act of 1,605
complicity was committed on property owned or controlled by, or 1,606
at an activity held under the auspices of, the board of education 1,607
of that school district. 1,608
(L) During the period of a delinquent child's probation 1,610
granted under division (A)(2) of this section, authorized 1,613
probation officers who are engaged within the scope of their 1,614
supervisory duties or responsibilities may search, with or 1,615
without a warrant, the person of the delinquent child, the place
of residence of the delinquent child, and a motor vehicle, 1,616
another item of tangible or intangible personal property, or 1,617
other real property in which the delinquent child has a right, 1,618
title, or interest or for which the delinquent child has the 1,619
express or implied permission of a person with a right, title, or 1,620
interest to use, occupy, or possess if the probation officers 1,621
have reasonable grounds to believe that the delinquent child is 1,622
not abiding by the law or otherwise is not complying with the 1,623
conditions of the delinquent child's probation. The court that 1,624
40
places a delinquent child on probation under division (A)(2) of 1,625
this section shall provide the delinquent child with a written 1,626
notice that informs the delinquent child that authorized 1,627
probation officers who are engaged within the scope of their 1,628
supervisory duties or responsibilities may conduct those types of 1,630
searches during the period of probation if they have reasonable
grounds to believe that the delinquent child is not abiding by 1,631
the law or otherwise is not complying with the conditions of the 1,632
delinquent child's probation. The court also shall provide the 1,633
written notice described in division (C)(2)(b) of section 1,634
2151.411 of the Revised Code to each parent, guardian, or
custodian of the delinquent child who is described in division 1,635
(C)(2)(a) of that section. 1,636
Sec. 2151.38. (A) When a child is committed to the legal 1,645
custody of the department of youth services, the jurisdiction of 1,646
the juvenile court with respect to the child so committed shall 1,647
cease and terminate at the time of commitment, except as provided 1,648
in divisions (B), (C), and (G) of this section. Subject to 1,650
divisions (B) and (C) of this section, sections 2151.353 and 1,651
2151.411 to 2151.421 of the Revised Code, and any other provision 1,652
of law that specifies a different duration for a dispositional 1,654
order, all other dispositional orders made by the court shall be 1,655
temporary and shall continue for a period that is designated by 1,656
the court in its order, until terminated or modified by the court 1,657
or until the child attains twenty-one years of age.
The release authority of the department shall not release 1,660
the child from institutional care or institutional care in a 1,661
secure facility and as a result shall not discharge the child or 1,663
order the child's release on supervised release prior to the 1,664
expiration of the prescribed minimum period of 1,666
institutionalization or institutionalization in a secure facility 1,667
or prior to the child's attainment of twenty-one years of age, 1,669
whichever is applicable under the order of commitment, except
upon the order of a court pursuant to division (B) or (C) of this 1,673
41
section or in accordance with section 5139.54 of the Revised 1,675
Code. 1,676
(B)(1) If the department of youth services desires to 1,678
release a child during the first half of the prescribed minimum 1,679
term for which the child was committed to the department or, if 1,680
the child was committed to the department until the child attains 1,682
twenty-one years of age, during the first half of the prescribed 1,683
period of commitment that begins on the first day of commitment 1,684
and ends on the child's twenty-first birthday, it shall request 1,686
the court that committed the child to the department for a
judicial release of the child from institutional care or 1,687
institutional care in a secure facility. During the first half 1,689
of that prescribed minimum term or of that prescribed period of
commitment, whichever of those periods is applicable, the child 1,690
or the parents of the child also may request that court to grant 1,691
a judicial release of the child from institutional care or 1,692
institutional care in a secure facility. Upon receipt of a 1,693
request for a judicial release from the department, the child, or 1,694
the child's parent or upon its own motion, the court that 1,695
committed the child shall approve the judicial release from 1,696
institutional care or institutional care in a secure facility by 1,697
journal entry, shall schedule within twenty days after the 1,698
request is received a time for a hearing on whether the child is 1,699
to be released under a judicial release, or shall reject the 1,700
request by journal entry without conducting a hearing. If the 1,702
court rejects an initial request for a judicial release by the 1,703
child or the child's parent, the child or the child's parent may 1,704
make one additional request for a judicial release within the 1,706
first half of the applicable prescribed minimum term or 1,707
prescribed period of commitment. The child or the child's parent 1,708
may make the additional request no earlier than thirty days after 1,709
the filing of the prior request for a judicial release. Upon the 1,710
filing by the child or the child's parent of a second request for 1,712
a judicial release, the court shall either approve or disapprove
42
the judicial release by journal entry or schedule within twenty 1,715
days after the request is received a time for a hearing on
whether the child is to be released under a judicial release. 1,716
(2) If a court schedules a hearing under division (B)(1) 1,720
of this section to determine whether a child should be granted a 1,721
judicial release, it THE COURT SHALL GIVE NOTICE OF THE HEARING 1,722
TO THE PROSECUTOR INVOLVED IN THE CASE. IN ACCORDANCE WITH 1,723
SECTION 2930.16 OF THE REVISED CODE AND IF THE VICTIM HAS 1,725
REQUESTED NOTIFICATION, THE PROSECUTOR SHALL GIVE NOTICE OF THE 1,726
HEARING TO THE VICTIM OF THE DELINQUENT ACT FOR WHICH THE CHILD'S 1,728
COMMITMENT TO THE LEGAL CUSTODY OF THE DEPARTMENT WAS IMPOSED.
THE COURT may order the department to deliver the child to the 1,730
court on the date set for the hearing and may order the 1,731
department to present to the court a report on the child's 1,732
progress in the institution to which the child was committed and 1,733
recommendations for terms and conditions of supervision of the 1,734
child by the court after release. The court may conduct the 1,735
hearing without the child being present. THE COURT SHALL 1,736
CONSIDER ANY STATEMENT OF A VICTIM MADE PURSUANT TO SECTION 1,737
2930.14 OR 2930.17 OF THE REVISED CODE AND ANY VICTIM IMPACT 1,739
STATEMENT PREPARED PURSUANT TO SECTION 2151.355 OF THE REVISED 1,742
CODE. The court shall determine at the hearing whether the child 1,743
should be granted a judicial release from institutionalization or
institutionalization in a secure facility. AFTER MAKING A 1,744
DETERMINATION, THE COURT SHALL NOTIFY THE VICTIM OF THE 1,746
DETERMINATION IN ACCORDANCE WITH SECTIONS 2930.03 AND 2930.16 OF 1,747
THE REVISED CODE. If the court approves the judicial release, 1,749
the court shall order its staff to prepare a written treatment 1,750
and rehabilitation plan for the child that may include any terms 1,751
and conditions of the child's release that were recommended by 1,752
the department and approved by the court. The committing court 1,753
shall send the juvenile court of the county in which the child is 1,754
placed a copy of the recommended plan and the terms and 1,755
conditions set by the committing court. The court of the county 1,757
43
in which the child is placed may adopt the recommended terms and 1,758
conditions set by the committing court as an order of the court 1,759
and may add any additional consistent terms and conditions it 1,760
considers appropriate. If a child is granted a judicial release, 1,761
the judicial release discharges the child from the custody of the
department of youth services. 1,762
(C)(1) If a child is committed to the department of youth 1,764
services and has been in institutional care or institutional care 1,765
in a secure facility for more than one-half of the prescribed 1,766
minimum term for which the child was committed or, if the child 1,767
was committed to the department until the child attains 1,768
twenty-one years of age, for more than one-half of the prescribed 1,769
period of commitment that begins on the first day of commitment 1,770
and ends on the child's twenty-first birthday, if the prescribed 1,771
minimum period of institutionalization or other statutorily 1,773
required period of institutionalization has not expired, and if 1,774
the department of youth services desires to release the child 1,776
from institutional care or institutional care in a secure 1,777
facility, it shall request the court that committed the child for 1,778
an early release from institutional care or institutional care in 1,779
a secure facility.
During the applicable period commencing upon the expiration 1,781
of the first half of that prescribed minimum term or prescribed 1,783
period of commitment and ending upon the expiration of the 1,785
required minimum or other period of institutionalization or 1,786
institutionalization in a secure facility, the child or the 1,788
child's parent also may request the court that committed the 1,789
child to grant an early release. Upon the receipt of a request 1,790
from the department, the child, or the child's parent or upon its 1,791
own motion at any time during that period, the court shall 1,792
approve the early release by journal entry, shall schedule a time 1,793
within thirty days after receipt of the request for a hearing on 1,794
whether the child is to be released, or shall reject the request 1,796
by journal entry without conducting a hearing. If the court 1,797
44
rejects an initial request for early release by the child or the 1,798
child's parents, within the period prescribed in division (C)(1) 1,799
of this section, the child or the child's parent may make one or 1,800
more subsequent requests for early release but may make no more 1,801
than one request for early release during each period of ninety 1,802
days that the child is institutionalized or institutionalized in 1,803
a secure facility after the filing of a prior request for early 1,804
release. Upon the filing of a request for early release 1,805
subsequent to an initial request, the court shall either approve 1,806
or disapprove the early release by journal entry or schedule a 1,807
time within thirty days after receipt of the request for a 1,808
hearing on whether the child is to be released. 1,809
(2) If a court schedules a hearing under division (C)(1) 1,812
of this section to determine whether a child committed to the 1,813
department should be granted an early release, it THE COURT SHALL 1,814
GIVE NOTICE OF THE HEARING TO THE PROSECUTOR INVOLVED IN THE 1,815
CASE. IN ACCORDANCE WITH SECTION 2930.16 OF THE REVISED CODE AND 1,817
IF THE VICTIM HAS REQUESTED NOTIFICATION, THE PROSECUTOR SHALL 1,818
GIVE NOTICE OF THE HEARING TO THE VICTIM OF THE DELINQUENT ACT 1,819
FOR WHICH THE CHILD'S COMMITMENT TO THE LEGAL CUSTODY OF THE 1,820
DEPARTMENT WAS IMPOSED. THE COURT may order the department to 1,821
deliver the child to the court on the date set for the hearing 1,822
and shall order the department to present to the court at that 1,823
time a treatment plan for the child's post-institutional care. 1,824
The court may conduct the hearing without the child being 1,825
present. THE COURT SHALL CONSIDER ANY STATEMENT OF A VICTIM MADE 1,826
PURSUANT TO SECTION 2930.14 OR 2930.17 OF THE REVISED CODE AND 1,829
ANY VICTIM IMPACT STATEMENT PREPARED PURSUANT TO SECTION 2151.355 1,830
OF THE REVISED CODE. The court shall determine at the hearing 1,833
whether the child should be granted an early release from 1,835
institutionalization or institutionalization in a secure
facility. AFTER MAKING A DETERMINATION, THE COURT SHALL NOTIFY 1,836
THE VICTIM OF THE DETERMINATION IN ACCORDANCE WITH SECTIONS 1,837
2930.03 AND 2930.16 OF THE REVISED CODE. If the court approves 1,839
45
the early release, the department shall prepare a written 1,840
treatment and rehabilitation plan for the child pursuant to 1,841
division (E) of this section that shall include the terms and 1,843
conditions of the child's release. It shall send the committing 1,844
court and the juvenile court of the county in which the child is 1,845
placed a copy of the plan and the terms and conditions that it 1,846
fixed. The court of the county in which the child is placed may 1,847
adopt the terms and conditions set by the department as an order 1,848
of the court and may add any additional consistent terms and 1,850
conditions it considers appropriate, provided that the court may 1,851
not add any term or condition that decreases the level or degree 1,852
of supervision specified by the department in its plan, that 1,853
substantially increases the financial burden of supervision that 1,854
will be experienced by the department, or that alters the 1,855
placement specified by the department in its plan. If the court 1,856
of the county in which the child is placed adds to the 1,857
department's plan any additional terms and conditions, it shall 1,858
enter those additional terms and conditions in its journal and 1,859
shall send to the department a copy of the journal entry of the 1,860
additional terms and conditions. 1,861
(3) If the court approves or grants an early release for a 1,864
child under division (C)(1) or (2) of this section, the actual 1,866
date on which the department of youth services shall release the 1,867
child from institutional care or institutional care in a secure 1,868
facility is contingent upon the department finding a suitable 1,869
placement for the child. If the child is to be returned to the 1,870
child's home, the department shall return the child to the home 1,871
on the date that the court schedules for the child's release or 1,872
shall bear the expense of any additional time that the child 1,873
remains in institutional care or institutional care in a secure 1,874
facility. If the child is unable to return to the child's home, 1,875
the department shall exercise reasonable diligence in finding a 1,876
suitable placement for the child, and the child shall remain in 1,877
institutional care or institutional care in a secure facility 1,878
46
while the department finds the suitable placement. 1,879
(D) If a child is released under division (B) or (C) of 1,882
this section and the court of the county in which the child is 1,883
placed has reason to believe that the child's deportment is not 1,884
in accordance with the post-release terms and conditions of the 1,886
child's judicial release or early release, the court of the 1,887
county in which the child is placed shall schedule a time for a 1,888
hearing to determine whether the child violated any of the 1,890
post-release terms and conditions, and, if the child was released 1,891
under division (C) of this section, divisions (A) to (E) of 1,892
section 5139.52 of the Revised Code apply regarding the child. 1,893
If that court determines at the hearing that the child violated 1,895
any of the post-release terms and conditions, the court, if it 1,896
determines that the violation of the terms and conditions was a 1,898
serious violation, may order the child to be returned to the 1,899
department for institutionalization or institutionalization in a 1,900
secure facility, consistent with the original order of commitment 1,901
of the child, or in any case may make any other disposition of 1,902
the child authorized by law that the court considers proper. If 1,903
the court of the county in which the child is placed orders the 1,904
child to be returned to a department of youth services 1,905
institution, the time during which the child was 1,906
institutionalized or institutionalized in a secure facility prior 1,907
to the child's judicial release or early release shall be 1,909
considered as time served in fulfilling the prescribed minimum 1,910
period or prescribed period of institutionalization or
institutionalization in a secure facility that is applicable to 1,912
the child under the child's original order of commitment. If the 1,913
court orders the child returned to a department of youth services 1,914
institution, the child shall remain in institutional care for a 1,915
minimum period of three months or until the child successfully 1,916
completes a revocation program of a duration of not less than 1,918
thirty days operated either by the department or by an entity 1,919
with whom the department has contracted to provide a revocation 1,921
47
program.
(E) The department of youth services, prior to the release 1,923
of a child pursuant to division (C) of this section, shall do all 1,925
of the following:
(1) After reviewing the child's rehabilitative progress 1,927
history and medical and educational records, prepare a written 1,928
treatment and rehabilitation plan for the child that shall 1,929
include terms and conditions of the release; 1,930
(2) Completely discuss the terms and conditions of the 1,932
plan prepared pursuant to division (E)(1) of this section and the 1,934
possible penalties for violation of the plan with the child and 1,935
the child's parents, guardian, or legal custodian; 1,936
(3) Have the plan prepared pursuant to division (E)(1) of 1,939
this section signed by the child, the child's parents, legal 1,940
guardian, or custodian, and any authority or person that is to 1,942
supervise, control, and provide supportive assistance to the 1,943
child at the time of the child's release pursuant to division (C) 1,944
of this section; 1,945
(4) File a copy of the treatment plan prepared pursuant to 1,947
division (E)(1) of this section, prior to the child's release, 1,949
with the committing court and the juvenile court of the county in 1,950
which the child is to be placed. 1,951
(F) The department of youth services shall file a written 1,953
progress report with the committing court regarding each child 1,954
released pursuant to division (C) of this section, at least once 1,956
every thirty days unless specifically directed otherwise by the 1,957
court. The report shall indicate the treatment and 1,958
rehabilitative progress of the child and the child's family, if
applicable, and shall include any suggestions and recommendations 1,959
for alteration of the program, custody, living arrangements, or 1,960
treatment. The department shall retain legal custody of a child 1,961
so released until it discharges the child or until the custody is 1,962
terminated as otherwise provided by law. 1,963
(G)(1) As used in division (G)(2) of this section, 1,967
48
"release authority" and "supervised release" have the same 1,968
meanings as in section 5139.01 of the Revised Code. 1,969
(2) When a child is committed to the legal custody of the 1,971
department of youth services, the court retains jurisdiction to 1,972
perform the functions specified in section 5139.51 of the Revised 1,974
Code with respect to the granting of supervised release by the 1,976
release authority and to perform the functions specified in 1,977
section 5139.52 of the Revised Code with respect to violations of 1,980
the terms and conditions of supervised release granted by the
release authority and to the revocation of supervised release 1,982
granted by the release authority.
Sec. 2930.01. As used in this chapter: 1,991
(A)(1) "Crime" means, subject to division (A)(2) of this 1,994
section, any of the following:
(a) A felony; 1,996
(b) A violation of section 2903.05, 2903.07, 2903.13, 1,998
2903.21, 2903.211, 2903.22, 2907.06, 2919.25, or 2921.04 of the 1,999
Revised Code or a violation of a substantially equivalent 2,000
municipal ordinance; 2,001
(c) AN ACT COMMITTED BY A CHILD THAT IF COMMITTED BY AN 2,003
ADULT WOULD BE A FELONY; 2,004
(d) AN ACT COMMITTED BY A CHILD THAT IS A VIOLATION OF A 2,006
SECTION LISTED IN DIVISION (A)(1)(b) OF THIS SECTION OR IS A 2,007
VIOLATION OF A SUBSTANTIALLY EQUIVALENT MUNICIPAL ORDINANCE. 2,008
(2) "Crime" does not mean an act for which an adjudication 2,011
hearing is or may be held in a juvenile court AS USED IN 2,012
DIVISIONS (A)(1)(c) AND (d) OF THIS SECTION, "CHILD" HAS THE SAME 2,014
MEANING AS IN SECTION 2151.011 OF THE REVISED CODE. 2,016
(B) "Custodial agency" means the ONE OF THE FOLLOWING: 2,018
(1) THE entity that has custody of a defendant who is 2,021
incarcerated for a crime or who is detained after a finding of 2,022
incompetence to stand trial or not guilty by reason of insanity
relative to a crime, including any of the following: 2,024
(1)(a) The department of rehabilitation and correction or 2,026
49
the adult parole authority; 2,028
(2)(b) A county sheriff; 2,030
(3)(c) The entity that administers a jail, as defined in 2,032
section 2929.01 of the Revised Code; 2,034
(4)(d) The entity that administers a community-based 2,036
correctional facility and program or a district community-based 2,038
correctional facility and program; 2,039
(5)(e) The department of mental health or other entity to 2,043
which a defendant found incompetent to stand trial or not guilty 2,044
by reason of insanity is committed.
(2) THE ENTITY THAT HAS CUSTODY OF A DEFENDANT PURSUANT TO 2,047
AN ORDER OF DISPOSITION OF A JUVENILE COURT, INCLUDING THE 2,048
DEPARTMENT OF YOUTH SERVICES OR A SCHOOL, CAMP, INSTITUTION, OR 2,049
OTHER FACILITY OPERATED FOR THE CARE OF DELINQUENT CHILDREN. 2,050
(C) "Defendant" means a ONE OF THE FOLLOWING: 2,052
(1) A person who is alleged to be the perpetrator of a 2,054
crime in a police report or in a complaint, indictment, or 2,057
information that charges the commission of a crime and that 2,058
provides the basis for the criminal prosecution and subsequent 2,059
proceedings to which this chapter makes reference;
(2) A CHILD WHO IS ALLEGED TO HAVE COMMITTED A CRIME IN A 2,062
POLICE REPORT OR IN A COMPLAINT IN JUVENILE COURT THAT CHARGES 2,063
THE COMMISSION OF A CRIME AND THAT PROVIDES THE BASIS FOR THE 2,064
DELINQUENCY PROCEEDING AND ALL SUBSEQUENT PROCEEDINGS TO WHICH
THIS CHAPTER MAKES REFERENCE. 2,066
(D) "Member of the victim's family" means a spouse, child, 2,068
stepchild, sibling, parent, stepparent, grandparent, or other 2,069
relative of a victim but does not include a person who is charged 2,071
with or, convicted of, OR ADJUDICATED TO BE A DELINQUENT CHILD 2,072
FOR the crime against the victim or another crime arising from 2,073
the same conduct, criminal episode, or plan. 2,074
(E) "Prosecutor" MEANS ONE OF THE FOLLOWING: 2,076
(1) WITH RESPECT TO A CRIMINAL CASE, IT has the same 2,078
meaning as in section 2935.01 of the Revised Code and also 2,080
50
includes the attorney general and, when appropriate, the 2,081
employees of any person listed in section 2935.01 of the Revised 2,082
Code or of the attorney general. 2,083
(2) WITH RESPECT TO A DELINQUENCY PROCEEDING, IT INCLUDES 2,085
ANY PERSON LISTED IN DIVISION (C) OF SECTION 2935.01 OF THE 2,087
REVISED CODE OR AN EMPLOYEE OF A PERSON LISTED IN THAT DIVISION 2,088
WHO PROSECUTES A DELINQUENCY PROCEEDING. 2,089
(F) "Public agency" means an office, agency, department, 2,091
bureau, or other governmental entity of the state or of a 2,093
political subdivision of the state.
(G) "Public official" has the same meaning as in section 2,095
2921.01 of the Revised Code. 2,096
(H) "Victim" means a person who is identified as the 2,098
victim of a crime in a police report or in a complaint, 2,099
indictment, or information that charges the commission of a crime 2,100
and that provides the basis for the criminal prosecution OR 2,102
DELINQUENCY PROCEEDING and subsequent proceedings to which this 2,103
chapter makes reference. 2,104
(I) "Victim's representative" means a member of the 2,106
victim's family or another person who pursuant to the authority 2,107
of section 2930.02 of the Revised Code exercises the rights of a 2,108
victim under this chapter.
(J) "COURT" MEANS A COURT OF COMMON PLEAS, JUVENILE COURT, 2,110
MUNICIPAL COURT, OR COUNTY COURT. 2,111
(K) "DELINQUENCY PROCEEDING" MEANS ALL PROCEEDINGS IN A 2,113
JUVENILE COURT THAT ARE RELATED TO A CASE IN WHICH A COMPLAINT 2,114
HAS BEEN FILED ALLEGING THAT A CHILD IS A DELINQUENT CHILD. 2,115
(L) "CASE" MEANS A DELINQUENCY PROCEEDING AND ALL RELATED 2,117
ACTIVITY OR A CRIMINAL PROSECUTION AND ALL RELATED ACTIVITY. 2,118
(M) THE "DEFENSE" MEANS THE DEFENSE AGAINST CRIMINAL 2,120
CHARGES IN A CRIMINAL PROSECUTION OR THE DEFENSE AGAINST A 2,121
DELINQUENT CHILD COMPLAINT IN A DELINQUENCY PROCEEDING. 2,122
(N) THE "PROSECUTION" MEANS THE PROSECUTION OF CRIMINAL 2,124
CHARGES IN A CRIMINAL PROSECUTION OR THE PROSECUTION OF A 2,125
51
DELINQUENT CHILD COMPLAINT IN A DELINQUENCY PROCEEDING. 2,126
Sec. 2930.02. (A) If a victim is a minor or is 2,135
incapacitated, incompetent, or deceased, or if the victim chooses 2,136
to designate another person, a member of a victim's family or 2,137
another person may exercise the rights of the victim under this 2,138
chapter as the victim's representative. 2,139
If more than one person seeks to act as the victim's 2,141
representative for a particular victim, the court in which the 2,143
crime CRIMINAL PROSECUTION OR DELINQUENCY PROCEEDING is
prosecuted HELD shall designate one of those persons as the 2,144
victim's representative. If a victim does not want to have 2,146
anyone act as the victim's representative, the court shall order 2,147
that only the victim may exercise the rights of a victim under 2,148
this chapter.
(B) If pursuant to division (A) of this section a victim's 2,150
representative is to exercise the rights of a victim, the victim 2,152
or victim's representative shall notify the prosecutor that the 2,153
victim's representative is to act for the victim. When a victim 2,154
or victim's representative has so notified the prosecutor, all 2,155
notice under this chapter shall be sent only to the victim's 2,156
representative, all rights under this chapter shall be granted 2,157
only to the victim's representative, and all references in this 2,158
chapter to a victim shall be interpreted as being references to 2,159
the victim's representative unless the victim informs the
notifying authority that the victim also wishes to receive the 2,160
notices or exercise the rights. If division (B) of section 2,161
2930.03 of the Revised Code requires a victim to make a request 2,162
in order to receive any notice of a type described in this 2,163
division and if a victim's representative is to exercise the 2,164
rights of the victim, the victim's representative shall make the 2,165
request.
Sec. 2930.05. (A) Within a reasonable period of time 2,174
after the arrest of a defendant for a crime, the law enforcement 2,175
agency that investigates the crime shall give the victim of the 2,176
52
crime notice of all of the following: 2,177
(1) The arrest; 2,179
(2) The name of the defendant; 2,181
(3) Whether the defendant is eligible for pretrial release 2,184
OR FOR RELEASE FROM DETENTION;
(4) The telephone number of the law enforcement agency; 2,187
(5) The victim's right to telephone the agency to 2,190
ascertain whether the defendant has been released from custody OR 2,191
FROM DETENTION. 2,192
(B) If a defendant has been released from custody on a 2,195
bond or personal recognizance OR HAS BEEN RELEASED FROM DETENTION 2,196
and the prosecutor in the case has received the affidavit of a 2,197
victim stating that the defendant, or someone acting at the 2,198
defendant's direction, has committed or threatened to commit one 2,199
or more acts of violence or intimidation against the victim, the 2,200
victim's family, or the victim's representative, the prosecutor 2,201
may file a motion asking the court to reconsider the conditions 2,203
of the bond or personal recognizance granted to the defendant OR 2,204
TO CONSIDER RETURNING THE DEFENDANT TO DETENTION. 2,205
Sec. 2930.06. (A) The prosecutor in a case, to the extent 2,214
practicable, shall confer with the victim in the case before 2,215
pretrial diversion is granted to the defendant in the case, 2,216
before amending or dismissing an indictment, information, or 2,218
complaint against that defendant, before agreeing to a negotiated 2,219
plea for that defendant, or before a trial of that defendant by 2,220
judge or jury, OR BEFORE THE JUVENILE COURT CONDUCTS AN 2,221
ADJUDICATORY HEARING FOR THAT DEFENDANT. IF THE JUVENILE COURT 2,222
DISPOSES OF A CASE PRIOR TO THE PROSECUTOR'S INVOLVEMENT IN THE 2,223
CASE, THE COURT OR A COURT EMPLOYEE SHALL NOTIFY THE VICTIM IN 2,224
THE CASE THAT THE DEFENDANT WILL BE GRANTED PRETRIAL DIVERSION, 2,225
THE COMPLAINT AGAINST THAT DEFENDANT WILL BE AMENDED OR 2,226
DISMISSED, OR THE COURT WILL CONDUCT AN ADJUDICATORY HEARING FOR 2,227
THAT DEFENDANT. If the prosecutor fails to confer with the 2,228
victim at any of those times, the court, if informed of the 2,230
53
failure, shall note on the record the failure and the
prosecutor's reasons for the failure. A prosecutor's failure to 2,231
confer with a victim as required by this division does AND A 2,233
COURT'S FAILURE TO PROVIDE THE NOTICE AS REQUIRED BY THIS
DIVISION DO not affect the validity of an agreement between the 2,234
prosecutor and the defendant in the case, a pretrial diversion of 2,236
the defendant, an amendment or dismissal of an indictment, 2,237
information, or complaint filed against the defendant, a plea 2,238
entered by the defendant, AN ADMISSION ENTERED BY THE DEFENDANT, 2,239
or any other disposition in the case. A court shall not dismiss 2,241
a criminal complaint, charge, information, or indictment OR A 2,242
DELINQUENT CHILD COMPLAINT solely at the request of the victim 2,244
and over the objection of the prosecuting attorney, village
solicitor, city director of law, or other chief legal officer 2,245
responsible for the prosecution of the case. 2,246
(B) After a prosecution in a case has been commenced, the 2,248
prosecutor or a designee of the prosecutor other than a court or 2,250
court employee, to the extent practicable, promptly shall give 2,251
the victim all of the following information, EXCEPT THAT, IF THE 2,252
JUVENILE COURT DISPOSES OF A CASE PRIOR TO THE PROSECUTOR'S
INVOLVEMENT IN THE CASE, THE COURT OR A COURT EMPLOYEE, TO THE 2,253
EXTENT PRACTICABLE, PROMPTLY SHALL GIVE THE VICTIM ALL OF THE 2,254
FOLLOWING INFORMATION: 2,255
(1) The name of the offense CRIME with which the defendant 2,257
in the case has been charged and the name of the defendant; 2,258
(2) The file number of the case; 2,260
(3) A brief statement regarding the procedural steps in a 2,262
criminal case PROSECUTION OR DELINQUENCY PROCEEDING involving an 2,264
offense A CRIME similar to the offense CRIME with which the 2,266
defendant has been charged and the right of the victim to be 2,267
present during all proceedings held throughout the prosecution of 2,268
a THE case;
(4) A summary of the rights of a victim under this 2,270
chapter; 2,271
54
(5) Procedures the victim or the prosecutor may follow if 2,273
the victim becomes subject to threats or intimidation by the 2,275
defendant or any other person; 2,276
(6) The name and business telephone number of a person to 2,278
contact for further information with respect to the case; 2,279
(7) The right of the victim to have a victim's 2,281
representative exercise the victim's rights under this chapter in 2,282
accordance with section 2930.02 of the Revised Code and the 2,283
procedure by which a victim's representative may be designated; 2,284
(8) Notice that any notification under division (C) of 2,287
this section and, sections 2930.07 to 2930.19, AND SECTION 2,288
5139.56 of the Revised Code will be given to the victim only if 2,289
the victim asks to receive the notification. 2,290
(C) Upon the request of the victim, the prosecutor shall 2,292
give the victim notice of the date, time, and place of any 2,293
scheduled court CRIMINAL OR JUVENILE proceedings in the case and 2,294
notice of any changes in those proceedings or in the schedule in 2,296
the case.
(D) A victim who requests notice under division (C) of 2,299
this section and who elects pursuant to division (B) of section
2930.03 of the Revised Code to receive any further notice from 2,301
the prosecutor under this chapter shall keep the prosecutor 2,302
informed of the victim's current address and telephone number 2,303
until the case is dismissed or terminated, the defendant is 2,304
acquitted or sentenced, THE DELINQUENT CHILD COMPLAINT IS
DISMISSED, THE DEFENDANT IS ADJUDICATED A DELINQUENT CHILD, or 2,305
the appellate process is completed, whichever is the final 2,307
disposition in the case.
Sec. 2930.07. (A) If the prosecutor in a case determines 2,316
that there are reasonable grounds for the victim in a case to be 2,317
apprehensive regarding acts or threats of violence or 2,318
intimidation by the defendant in the case or at the defendant's 2,319
direction against the victim, the victim's family, or the 2,320
victim's representative, the prosecutor may file a motion with 2,321
55
the court requesting that the court issue an order specifying 2,322
that the victim and other witnesses in the case not be compelled 2,324
in any phase of the criminal OR DELINQUENCY proceeding to give 2,326
testimony that would disclose the victim's or victim's
representative's address, place of employment, or similar 2,328
identifying fact without the victim's or victim's 2,329
representative's consent. The court shall hold a hearing on the 2,330
motion in chambers, and a court reporter shall make a record of 2,332
the proceeding.
(B) If the court, pursuant to division (A) of this 2,334
section, orders that the victim's or victim's representative's 2,335
address, telephone number, place of employment, or other 2,336
identifying fact shall be confidential, the court files or 2,337
documents shall not contain that information unless it is used to
identify the location of the crime. The hearing shall be 2,338
recorded, and the court shall order the transcript sealed. 2,339
Sec. 2930.09. A victim in a case may be present whenever 2,348
the defendant in the case is present during any stage of the case 2,350
against the defendant that is conducted on the record, other than 2,351
a grand jury proceeding, unless the court determines that 2,352
exclusion of the victim is necessary to protect the defendant's 2,353
right to a fair trial OR TO A FAIR DELINQUENCY PROCEEDING. At 2,354
any stage of the case at which the victim is present, the court, 2,355
at the victim's request, shall permit the victim to be 2,356
accompanied by an individual to provide support to the victim 2,357
unless the court determines that exclusion of the individual is 2,358
necessary to protect the defendant's right to a fair trial OR TO 2,359
A FAIR DELINQUENCY PROCEEDING.
Sec. 2930.10. (A) The court in which a criminal case 2,368
PROSECUTION OR DELINQUENCY PROCEEDING is prosecuted HELD shall 2,370
make a reasonable effort to minimize any contact between the 2,371
victim in the case, members of the victim's family, the victim's 2,372
representative, or witnesses for the prosecution and the 2,373
defendant in the case, members of the defendant's family, or
56
witnesses for the defense before, during, and immediately after 2,374
all court proceedings. 2,375
(B) The court shall provide a waiting area for the victim, 2,377
members of the victim's family, the victim's representative, or 2,378
witnesses for the prosecution that is separate from the waiting 2,379
area provided for the defendant, members of the defendant's 2,381
family, and defense witnesses if a separate waiting area is
available and the use of the area is practical. 2,382
Sec. 2930.11. (A) Except as otherwise provided in this 2,392
section or in sections 2933.41 to 2933.43 of the Revised Code,
the law enforcement agency responsible for investigating a crime 2,393
shall promptly return to the victim of the crime any property of 2,395
the victim that was taken in the course of the investigation. In 2,396
accordance with Criminal Rule 26 OR AN APPLICABLE JUVENILE RULE, 2,397
the law enforcement agency may take photographs of the property 2,398
for use as evidence. If the ownership of the property is in 2,399
dispute, the agency shall not return the property until the 2,400
dispute is resolved.
(B) The law enforcement agency responsible for 2,402
investigating a crime shall retain any property of the victim of 2,403
the crime that is needed as evidence in the case, including any 2,404
weapon used in the commission of the crime, if the prosecutor 2,405
certifies to the court a need to retain the property in lieu of a 2,406
photograph of the property or of another evidentiary substitute 2,407
for the property itself. 2,408
(C) If the defendant in a case files a motion requesting 2,411
the court to order the law enforcement agency to retain property 2,412
of the victim because the property is needed for the defense in 2,413
the case, the agency shall retain the property until the court 2,414
rules on the motion. The court, in making a determination on the 2,415
motion, shall weigh the victim's need for the property against 2,416
the defendant's assertion that the property has evidentiary value 2,417
for the defense. The court shall rule on the motion in a timely 2,418
fashion.
57
Sec. 2930.12. At the request of the victim in a case 2,428
CRIMINAL PROSECUTION, the prosecutor shall give the victim notice 2,429
of the defendant's acquittal or conviction. AT THE REQUEST OF 2,430
THE VICTIM IN A DELINQUENCY PROCEEDING, THE PROSECUTOR SHALL GIVE 2,432
THE VICTIM NOTICE OF THE DISMISSAL OF THE COMPLAINT AGAINST THE 2,433
DEFENDANT OR OF THE ADJUDICATION OF THE DEFENDANT AS A DELINQUENT 2,434
CHILD, EXCEPT THAT, IF THE JUVENILE COURT DISMISSES THE COMPLAINT 2,435
AGAINST THE DEFENDANT OR ADJUDICATES THE DEFENDANT A DELINQUENT 2,436
CHILD PRIOR TO THE PROSECUTOR'S INVOLVEMENT IN THE CASE, AT THE 2,437
REQUEST OF THE VICTIM, THE COURT OR A COURT EMPLOYEE SHALL GIVE 2,438
THE VICTIM NOTICE OF THE DISMISSAL OR OF THE ADJUDICATION. If 2,439
the defendant is convicted OR IS ADJUDICATED A DELINQUENT CHILD, 2,441
the notice shall include all of the following: 2,442
(A) The crimes of which the defendant was convicted OR FOR 2,444
WHICH THE DEFENDANT WAS ADJUDICATED A DELINQUENT CHILD; 2,445
(B) The address and telephone number of the probation 2,447
office or other person, if any, that is to prepare a presentence 2,449
investigation report pursuant to section 2951.03 of the Revised 2,450
Code or Criminal Rule 32.2, and the address and telephone number 2,452
of the person, if any, who is to prepare a victim impact 2,453
statement pursuant to DIVISION (H) OF SECTION 2151.355 OR section 2,454
2947.051 of the Revised Code; 2,456
(C) Notice that the victim may make a statement about the 2,458
impact of the offense CRIME to the probation officer or other 2,459
person, if any, who prepares the presentence investigation report 2,461
or to the person, if any, who prepares a victim impact statement, 2,463
that a statement of the victim included in the report will be 2,465
made available to the defendant unless the court exempts it from 2,466
disclosure, and that the court may make the victim impact
statement available to the defendant; 2,467
(D) Notice of the victim's right under section 2930.14 of 2,470
the Revised Code to make a statement about the impact of the 2,471
offense CRIME before sentencing OR DISPOSITION; 2,472
(E) The date, time, and place of the sentencing hearing OR 2,474
58
DISPOSITIONAL HEARING; 2,475
(F) ONE OF THE FOLLOWING: 2,477
(1) Any sentence imposed upon the defendant and any 2,479
subsequent modification of that sentence, including modification 2,481
under section 2929.20 of the Revised Code or as a result of the 2,482
defendant's appeal of the sentence pursuant to section 2953.08 of 2,483
the Revised Code;
(2) ANY DISPOSITION ORDERED FOR THE DEFENDANT AND ANY 2,485
SUBSEQUENT MODIFICATION OF THAT DISPOSITION, INCLUDING JUDICIAL 2,487
RELEASE OR EARLY RELEASE IN ACCORDANCE WITH SECTION 2151.38 OF 2,488
THE REVISED CODE. 2,490
Sec. 2930.13. (A) If the court orders the preparation of 2,499
a victim impact statement pursuant to section 2151.355 OR 2,500
2947.051 of the Revised Code, the victim in the case may make a 2,502
written or oral statement regarding the impact of the offense 2,503
CRIME to the person whom the court orders to prepare the victim 2,505
impact statement. A statement made by the victim under this 2,506
section shall be included in the victim impact statement. 2,507
(B) If a probation officer or other person is preparing a 2,509
presentence investigation report pursuant to section 2947.06 or 2,510
2951.03 of the Revised Code or Criminal Rule 32.2 concerning the 2,511
defendant in the case, the victim may make a written or oral 2,513
statement regarding the impact of the offense CRIME to the 2,514
probation officer or other person. The probation officer or 2,515
other person shall use the statement in preparing the presentence 2,517
investigation report and, upon the victim's request, shall 2,518
include a written statement submitted by the victim in the 2,519
presentence investigation report.
(C) A statement made by the victim under division (A) or 2,521
(B) of this section may include the following: 2,522
(1) An explanation of the nature and extent of any 2,524
physical, psychological, or emotional harm suffered by the victim 2,525
as a result of the crime that is the basis of the case; 2,526
(2) An explanation of the extent of any property damage or 2,528
59
other economic loss suffered by the victim as a result of that 2,530
crime;
(3) An opinion regarding the extent to which, if any, the 2,532
victim needs restitution for harm caused by the defendant as a 2,533
result of that crime and information about whether the victim has 2,535
applied for or received any compensation for loss or damage 2,536
caused by that crime;
(4) The victim's recommendation for an appropriate 2,538
sanction OR DISPOSITION for the defendant regarding that crime. 2,539
(D) If a statement made by a victim under division (A) of 2,542
this section is included in a victim impact statement, the 2,543
provision, receipt, and retention of copies of, the use of, and 2,544
the confidentiality, nonpublic record character, and sealing of 2,545
the victim impact statement is governed by DIVISION (H) OF 2,546
SECTION 2151.355 OR BY division (C) of section 2947.051 of the 2,547
Revised Code, AS APPROPRIATE. If a statement made by a victim 2,549
under division (B) of this section is included in a presentence
investigation report prepared pursuant to section 2947.06 or 2,550
2951.03 of the Revised Code or Criminal Rule 32.2, the provision, 2,553
receipt, and retention of copies of, the use of, and the
confidentiality, nonpublic record character, and sealing of the 2,554
presentence investigation report that contains the victim's 2,555
statement is governed by section 2951.03 of the Revised Code. 2,556
Sec. 2930.14. (A) Before imposing sentence upon, OR 2,565
ENTERING AN ORDER OF DISPOSITION FOR, a defendant for the 2,566
commission of a crime, the court shall permit the victim of the 2,568
crime to make a statement. The court may give copies of any 2,569
written statement made by a victim to the defendant and
defendant's counsel and may give any written statement made by 2,570
the defendant to the victim and the prosecutor. The court may 2,571
redact any information contained in a written statement that the 2,572
court determines is not relevant to and will not be relied upon 2,573
in the sentencing OR DISPOSITION decision. The written statement 2,574
of the victim or of the defendant is confidential and is not a 2,575
60
public record as used in section 149.43 of the Revised Code. Any 2,576
person to whom a copy of a written statement was released by the 2,577
court shall return it to the court immediately following 2,578
sentencing OR DISPOSITION.
(B) The court shall consider a victim's statement made 2,580
under division (A) of this section along with other factors that 2,582
the court is required to consider in imposing sentence OR IN 2,583
DETERMINING THE ORDER OF DISPOSITION. If the statement includes 2,584
new material facts, the court shall not rely on the new material 2,586
facts unless it continues the sentencing OR DISPOSITIONAL 2,587
proceeding or takes other appropriate action to allow the 2,589
defendant an adequate opportunity to respond to the new material 2,590
facts.
Sec. 2930.15. (A) If a defendant is convicted of 2,599
committing a crime against a victim OR IS ADJUDICATED A 2,600
DELINQUENT CHILD FOR COMMITTING A CRIME AGAINST A VICTIM, if the 2,601
victim requests notice of the filing of an appeal, and if the 2,602
defendant files an appeal, the prosecutor in the case promptly 2,603
shall notify the victim of the appeal. The prosecutor also shall 2,604
give the victim all of the following information: 2,605
(1) A brief explanation of the appellate process, 2,607
including the possible disposition of the case; 2,608
(2) Whether the defendant has been released on bail or 2,610
other recognizance OR UNDER CONDITIONS IMPOSED BY THE JUVENILE 2,611
COURT pending the disposition of the appeal; 2,612
(3) The time, place, and location of appellate court 2,614
proceedings and any subsequent changes in the time, place, or 2,615
location of those proceedings;
(4) The result of the appeal. 2,617
(B) If the appellate court returns the defendant's case to 2,620
the trial court OR JUVENILE COURT for further proceedings, the 2,621
victim may exercise all the rights that previously were available 2,622
to the victim in the trial court OR THE JUVENILE COURT. 2,623
Sec. 2930.16. (A) If a defendant is incarcerated, a 2,633
61
victim in a case who has requested to receive notice under this
section shall be given notice of the incarceration of the 2,634
defendant. IF A DEFENDANT IS COMMITTED TO THE TEMPORARY CUSTODY 2,635
OF A SCHOOL, CAMP, INSTITUTION, OR OTHER FACILITY OPERATED FOR 2,636
THE CARE OF DELINQUENT CHILDREN OR TO THE LEGAL CUSTODY OF THE 2,637
DEPARTMENT OF YOUTH SERVICES, A VICTIM IN A CASE WHO HAS 2,638
REQUESTED TO RECEIVE NOTICE UNDER THIS SECTION SHALL BE GIVEN 2,639
NOTICE OF THE COMMITMENT. Promptly after sentence is imposed 2,641
upon the defendant OR THE COMMITMENT OF THE DEFENDANT IS ORDERED, 2,642
the prosecutor in the case shall notify the victim of the date on 2,643
which the defendant will be released from confinement or the 2,644
prosecutor's reasonable estimate of that date OR THE DATE ON 2,646
WHICH THE DEFENDANT WILL HAVE SERVED THE MINIMUM PERIOD OF 2,647
COMMITMENT OR THE PROSECUTOR'S REASONABLE ESTIMATE OF THAT DATE. 2,648
The prosecutor also shall notify the victim of the name of the 2,649
custodial agency of the defendant and tell the victim how to 2,650
contact that custodial agency. IF THE CUSTODIAL AGENCY IS THE 2,651
DEPARTMENT OF YOUTH SERVICES, THE PROSECUTOR SHALL NOTIFY THE 2,652
VICTIM OF THE SERVICES PROVIDED BY THE OFFICE OF VICTIMS' 2,653
SERVICES WITHIN THE RELEASE AUTHORITY OF THE DEPARTMENT PURSUANT 2,654
TO SECTION 5139.55 OF THE REVISED CODE AND THE VICTIM'S RIGHT 2,656
PURSUANT TO SECTION 5139.56 OF THE REVISED CODE TO SUBMIT A 2,659
WRITTEN REQUEST TO THE RELEASE AUTHORITY TO BE NOTIFIED OF 2,660
ACTIONS THE RELEASE AUTHORITY TAKES WITH RESPECT TO THE 2,661
DEFENDANT. The victim shall keep the custodial agency informed 2,662
of the victim's current address and telephone number. 2,663
(B)(1) Upon the victim's request, the prosecutor promptly 2,665
shall notify the victim of any hearing for judicial release of 2,667
the defendant pursuant to section 2929.20 of the Revised Code OR 2,668
OF ANY HEARING FOR JUDICIAL RELEASE OR EARLY RELEASE OF THE 2,669
DEFENDANT PURSUANT TO SECTION 2151.38 OF THE REVISED CODE and of 2,670
the victim's right to make a statement under that section THOSE 2,671
SECTIONS. The court shall notify the victim of its ruling in 2,673
each of those hearings and on each of those applications. 2,674
62
(2) Upon the request of a victim of a crime that is a 2,676
sexually violent offense and that is committed by a sexually 2,677
violent predator who is sentenced to a prison term pursuant to 2,678
division (A)(3) of section 2971.03 of the Revised Code, the 2,679
prosecutor promptly shall notify the victim of any hearing to be 2,680
conducted pursuant to section 2971.05 of the Revised Code to 2,681
determine whether to modify the requirement that the offender 2,682
serve the entire prison term in a state correctional facility in 2,683
accordance with division (C) of that section, whether to 2,685
continue, revise, or revoke any existing modification of that 2,686
requirement, or whether to terminate the prison term in
accordance with division (D) of that section. The court shall 2,688
notify the victim of any order issued at the conclusion of the 2,689
hearing. As used in this division, "sexually violent offense" 2,691
and "sexually violent predator" have the same meanings as in 2,692
section 2971.01 of the Revised Code.
(C) Upon the victim's request made at any time before the 2,694
particular notice would be due, the custodial agency of a 2,695
defendant shall give the victim any of the following notices that 2,697
is applicable:
(1) At least three weeks before the adult parole authority 2,699
recommends a pardon or commutation of sentence for the defendant 2,701
or at least three weeks prior to a hearing before the adult 2,702
parole authority regarding a grant of parole to the defendant, 2,703
notice of the victim's right to submit a statement regarding the 2,704
impact of the defendant's release in accordance with section 2,705
2967.12 of the Revised Code and, if applicable, of the victim's 2,706
right to appear at a full board hearing of the parole board to
give testimony as authorized by section 5149.101 of the Revised 2,707
Code;
(2) At least three weeks before the defendant is 2,709
transferred to transitional control under section 2967.26 of the 2,712
Revised Code, notice of the pendency of the transfer and of the 2,715
victim's right under that section to submit a statement regarding 2,716
63
the impact of the transfer;
(3) AT LEAST THIRTY DAYS BEFORE THE RELEASE AUTHORITY OF 2,718
THE DEPARTMENT OF YOUTH SERVICES HOLDS A RELEASE REVIEW, RELEASE 2,719
HEARING, OR DISCHARGE REVIEW FOR THE DEFENDANT, NOTICE OF THE 2,720
PENDENCY OF THE REVIEW OR HEARING, OF THE VICTIM'S RIGHT TO MAKE 2,721
AN ORAL OR WRITTEN STATEMENT REGARDING THE IMPACT OF THE CRIME 2,722
UPON THE VICTIM OR REGARDING THE POSSIBLE RELEASE OR DISCHARGE, 2,723
AND, IF THE NOTICE PERTAINS TO A HEARING, OF THE VICTIM'S RIGHT 2,724
TO ATTEND AND MAKE STATEMENTS OR COMMENTS AT THE HEARING AS 2,725
AUTHORIZED BY SECTION 5139.56 OF THE REVISED CODE; 2,728
(4) Prompt notice of the defendant's escape from a 2,731
facility of the custodial agency in which the defendant was 2,732
incarcerated OR IN WHICH THE DEFENDANT WAS PLACED AFTER
COMMITMENT, of the defendant's absence without leave from a 2,733
mental health or mental retardation and developmental 2,735
disabilities facility or from other custody, and of the capture 2,736
of the defendant after an escape or absence; 2,737
(4)(5) Notice of the defendant's death while in 2,739
CONFINEMENT OR custody; 2,740
(5)(6) Notice of the defendant's release from confinement 2,742
OR CUSTODY and the terms and conditions of the release. 2,745
Sec. 2930.17. (A) In determining whether to grant a 2,754
judicial release to a defendant from a prison term pursuant to 2,755
section 2929.20 of the Revised Code at a time before the 2,756
defendant's stated prison term expires OR IN DETERMINING WHETHER 2,758
TO GRANT A JUDICIAL RELEASE OR EARLY RELEASE TO A DEFENDANT FROM 2,759
A COMMITMENT TO THE DEPARTMENT OF YOUTH SERVICES PURSUANT TO 2,760
SECTION 2151.38 OF THE REVISED CODE, the court shall permit a 2,762
victim of a crime for which the defendant was incarcerated OR 2,763
COMMITTED to make a statement, in addition to any other statement 2,764
made under this chapter, concerning the effects of that crime on 2,765
the victim, the circumstances surrounding the crime, the manner 2,766
in which the crime was perpetrated, and the victim's opinion 2,767
whether the defendant should be released. The victim may make 2,768
64
the statement in writing or orally, at the court's discretion. 2,769
The court shall give the defendant and EITHER the adult parole 2,770
authority OR THE DEPARTMENT OF YOUTH SERVICES, WHICHEVER IS 2,772
APPLICABLE, a copy of any written impact statement made by the 2,773
victim under this division. 2,774
(B) In deciding whether to grant a judicial release OR 2,776
EARLY RELEASE to the defendant, the court shall consider a 2,778
statement made by the victim under division (A) of this section 2,779
or section 2930.14 or 2947.051 of the Revised Code. 2,780
Sec. 2930.18. No employer of a victim shall discharge, 2,789
discipline, or otherwise retaliate against the victim, a member 2,790
of the victim's family, or a victim's representative for 2,791
participating, at the prosecutor's request, in preparation for a 2,792
criminal justice OR DELINQUENCY proceeding or for attendance, 2,793
pursuant to a subpoena, at a criminal OR DELINQUENCY proceeding 2,795
if the attendance is reasonably necessary to protect the 2,796
interests of the victim. This section generally does not require 2,797
an employer to pay an employee for time lost as a result of 2,798
attendance at a criminal OR DELINQUENCY proceeding. An employer 2,801
who knowingly violates this section is in contempt of court. 2,802
This section does not limit or affect the application to any 2,803
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 2,812
a prosecutor to represent the interests of the public as a whole, 2,813
a prosecutor shall seek compliance with this chapter on behalf of 2,814
a victim, a member of the victim's family, or the victim's 2,815
representative. 2,816
(B) The failure of a public official or public agency to 2,819
comply with the requirements of this chapter does not give rise 2,820
to a claim for damages against that public official or public 2,821
agency, except that a public agency as an employer may be held 2,822
responsible for a violation of section 2930.18 of the Revised 2,823
Code.
65
(C) The failure of any person or entity to provide a 2,825
right, privilege, or notice to a victim under this chapter does 2,827
not constitute grounds for declaring a mistrial or new trial, for 2,828
setting aside a conviction or, sentence, ADJUDICATION, OR 2,829
DISPOSITION, or for granting postconviction release to a 2,830
defendant. 2,831
(D) If there is a conflict between a provision in this 2,833
chapter and a specific statute governing the procedure in a case 2,835
involving a capital offense, the specific statute supersedes the 2,836
provision in this chapter. 2,837
(E) If the victim of a crime is incarcerated in a state or 2,839
local correctional facility OR IS IN THE LEGAL CUSTODY OF THE 2,840
DEPARTMENT OF YOUTH SERVICES, the victim's rights under this 2,841
chapter may be modified by court order to prevent any security 2,842
risk, hardship, or undue burden upon a public official or public 2,843
agency with a duty under this chapter. 2,844
Section 2. That existing sections 109.42, 109.57, 2151.18, 2,846
2151.31, 2151.355, 2151.38, 2930.01, 2930.02, 2930.05, 2930.06, 2,848
2930.07, 2930.09, 2930.10, 2930.11, 2930.12, 2930.13, 2930.14, 2,849
2930.15, 2930.16, 2930.17, 2930.18, and 2930.19 of the Revised 2,850
Code are hereby repealed.
Section 3. Section 2151.355 of the Revised Code is 2,852
presented in this act as a composite of the section as amended by 2,853
both Am. Sub. H.B. 2 and Am. Sub. H.B. 526 of the 122nd General 2,854
Assembly, with the new language of neither of the acts shown in 2,856
capital letters. This is in recognition of the principle stated 2,857
in division (B) of section 1.52 of the Revised Code that such 2,858
amendments are to be harmonized where not substantively 2,859
irreconcilable and constitutes a legislative finding that such is 2,860
the resulting version in effect prior to the effective date of 2,861
this act.