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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
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:                                                                    

                                                          10     


                                                                 
      (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          

                                                          15     


                                                                 
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.