As Passed by the Senate 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-SENATORS LATTA-HOTTINGER-CARNES- 14
ARMBRUSTER-DRAKE-WATTS-SPADA-GARDNER 15
_________________________________________________________________ 17
A B I L L
To amend sections 109.42, 109.57, 2151.18, 2151.31, 19
2151.355, 2151.38, 2930.01, 2930.02, 2930.05 to 20
2930.07, and 2930.09 to 2930.19 of the Revised 21
Code relative to rights of victims in 22
delinquency proceedings and the rights of victims 23
of crime.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. That sections 109.42, 109.57, 2151.18, 2151.31, 27
2151.355, 2151.38, 2930.01, 2930.02, 2930.05, 2930.06, 2930.07, 29
2930.09, 2930.10, 2930.11, 2930.12, 2930.13, 2930.14, 2930.15, 30
2930.16, 2930.17, 2930.18, and 2930.19 of the Revised Code be 31
amended to read as follows:
Sec. 109.42. (A) The attorney general shall prepare and 39
have printed a pamphlet that contains a compilation of all 40
statutes relative to victim's rights in which the attorney 41
general lists and explains the statutes in the form of a victim's 43
bill of rights. The attorney general shall distribute the 44
pamphlet to all sheriffs, marshals, municipal corporation and 46
township police departments, constables, and other law 47
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enforcement agencies, to all prosecuting attorneys, city 48
directors of law, village solicitors, and other similar chief 49
legal officers of municipal corporations, and to organizations 50
that represent or provide services for victims of crime. The 51
victim's bill of rights set forth in the pamphlet shall contain a 52
description of all of the rights of victims that are provided for 53
in Chapter 2930. or in any other section of the Revised Code and 54
shall include, but not be limited to, all of the following: 55
(1) The right of a victim or a victim's representative to 58
attend a proceeding before a grand jury, in a juvenile case, or 59
in a criminal case pursuant to a subpoena without being 60
discharged from the victim's or representative's employment, 61
having the victim's or representative's employment terminated, 62
having the victim's or representative's pay decreased or 63
withheld, or otherwise being punished, penalized, or threatened 64
as a result of time lost from regular employment because of the 65
victim's or representative's attendance at the proceeding 67
pursuant to the subpoena, as set forth in section 2151.211, 68
2930.18, 2939.121, or 2945.451 of the Revised Code;
(2) The potential availability pursuant to section 70
2151.411 of the Revised Code of a forfeited recognizance to pay 71
damages caused by a child when the delinquency of the child or 72
child's violation of probation is found to be proximately caused 73
by the failure of the child's parent or guardian to subject the 74
child to reasonable parental authority or to faithfully discharge 75
the conditions of probation; 76
(3) The availability of awards of reparations pursuant to 78
sections 2743.51 to 2743.72 of the Revised Code for injuries 79
caused by criminal offenses; 80
(4) The right of the victim in certain criminal OR 82
JUVENILE cases or a victim's representative to receive, pursuant 84
to section 2930.06 of the Revised Code, notice of the date, time, 85
and place of the trial OR DELINQUENCY PROCEEDING in the case or, 86
if there will not be a trial OR DELINQUENCY PROCEEDING, 87
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information from the prosecutor, as defined in section 2930.01 of 89
the Revised Code, regarding the disposition of the case;
(5) The right of the victim in certain criminal OR 91
JUVENILE cases or a victim's representative to receive, pursuant 92
to section 2930.04, 2930.05, or 2930.06 of the Revised Code, 93
notice of the name of the person charged with the violation, the 94
case or docket number assigned to the charge, and a telephone 95
number or numbers that can be called to obtain information about 96
the disposition of the case;
(6) The right of the victim in certain criminal OR 98
JUVENILE cases or of the victim's representative pursuant to 101
section 2930.13 or 2930.14 of the Revised Code, subject to any 102
reasonable terms set by the court as authorized under section 103
2930.14 of the Revised Code, to make a statement about the 105
victimization and, if applicable, a statement relative to the 106
sentencing OR DISPOSITION of the offender; 108
(7) The opportunity to obtain a court order, pursuant to 110
section 2945.04 of the Revised Code, to prevent or stop the 111
commission of the offense of intimidation of a crime victim or 112
witness or an offense against the person or property of the 113
complainant, or of the complainant's ward or child; 114
(8) The right of the victim in certain criminal OR 116
JUVENILE cases or a victim's representative pursuant to sections 118
2151.38, 2929.20, 2930.10, 2930.16, and 2930.17 of the Revised 120
Code to receive notice of a pending motion for judicial release
OR EARLY RELEASE of the person who committed the offense against 123
the victim and, to make an oral or written statement at the court 125
hearing on the motion, AND TO BE NOTIFIED OF THE COURT'S DECISION 126
ON THE MOTION;
(9) The right of the victim in certain criminal OR 128
JUVENILE cases or a victim's representative, pursuant to section 129
2930.16, 2967.12, or 2967.26, OR 5139.56 of the Revised Code, to 131
receive notice of any pending commutation, pardon, parole, 132
transitional control, DISCHARGE, other form of authorized 133
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release, or post-release control, OR SUPERVISED RELEASE for the 134
person who committed the offense against the victim or any 135
application for release of that person and to send a written 137
statement relative to the victimization and the pending action to 138
the adult parole authority OR THE RELEASE AUTHORITY OF THE 139
DEPARTMENT OF YOUTH SERVICES; 140
(10) The right of the victim to bring a civil action 142
pursuant to sections 2969.01 to 2969.06 of the Revised Code to 143
obtain money from the offender's profit fund; 144
(11) The right, pursuant to section 3109.09 of the Revised 147
Code, to maintain a civil action to recover compensatory damages
not exceeding ten thousand dollars and costs from the parent of a 149
minor who willfully damages property through the commission of an 150
act that would be a theft offense, as defined in section 2913.01 151
of the Revised Code, if committed by an adult;
(12) The right, pursuant to section 3109.10 of the Revised 153
Code, to maintain a civil action to recover compensatory damages 154
not exceeding ten thousand dollars and costs from the parent of a 155
minor who willfully and maliciously assaults a person; 156
(13) The possibility of receiving restitution from an 158
offender or a delinquent child pursuant to section 2151.355, 159
2929.18, or 2929.21 of the Revised Code; 160
(14) The right of the victim in certain criminal OR 162
JUVENILE cases or a victim's representative, pursuant to section 163
2930.16 of the Revised Code, to receive notice of the escape from 165
confinement or custody of the person who committed the offense, 166
to receive that notice from the custodial agency of the person at 167
the victim's last address or telephone number provided to the 168
custodial agency, and to receive notice that, if either the 169
victim's address or telephone number changes, it is in the 170
victim's interest to provide the new address or telephone number 171
to the custodial agency.; 172
(15) The right of a victim of domestic violence to seek 174
the issuance of a temporary protection order pursuant to section 176
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2919.26 of the Revised Code, to seek the issuance of a civil 177
protection order pursuant to section 3113.31 of the Revised Code, 178
and to be accompanied by a victim advocate during court
proceedings.; 179
(16) The right of a victim of a sexually oriented offense 182
that is committed by a person who is adjudicated as being a 183
sexual predator or, in certain cases, by a person who is 184
determined to be a habitual sex offender to receive, pursuant to 185
section 2950.10 of the Revised Code, notice that the offender has 187
registered with a sheriff under section 2950.04 or 2950.05 of the 188
Revised Code and notice of the offender's name and residence 189
address or addresses, and a summary of the manner in which the 190
victim must make a request to receive the notice. As used in 191
this division, "sexually oriented offense," "adjudicated as being 192
a sexual predator," and "habitual sex offender" have the same 193
meanings as in section 2950.01 of the Revised Code. 194
(17) The right of a victim of certain sexually violent 196
offenses committed by a sexually violent predator who is 197
sentenced to a prison term pursuant to division (A)(3) of section 199
2971.03 of the Revised Code to receive, pursuant to section 200
2930.16 of the Revised Code, notice of a hearing to determine 201
whether to modify the requirement that the offender serve the 202
entire prison term in a state correctional facility, whether to 203
continue, revise, or revoke any existing modification of that 204
requirement, or whether to terminate the prison term. As used in 205
this division, "sexually violent offense" and "sexually violent 206
predator" have the same meanings as in section 2971.01 of the 207
Revised Code.
(B)(1)(a) Subject to division (B)(1)(c) of this section, a 209
prosecuting attorney, assistant prosecuting attorney, city 211
director of law, assistant director of law, village solicitor, 212
assistant village solicitor, or similar chief legal officer of a 213
municipal corporation or an assistant of any such officer OF 214
THOSE OFFICERS who prosecutes an offense committed in this state, 215
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upon first contact with the victim of the offense, the victim's 216
family, or the victim's dependents, shall give the victim, the 218
victim's family, or the victim's dependents a copy of the 219
pamphlet prepared pursuant to division (A) of this section and 220
explain, upon request, the information in the pamphlet to the
victim, the victim's family, or the victim's dependents. 221
(b) Subject to division (B)(1)(c) of this section, a law 223
enforcement agency that investigates an offense OR DELINQUENT ACT 226
committed in this state shall give the victim of the offense OR 228
DELINQUENT ACT, the victim's family, or the victim's dependents a 230
copy of the pamphlet prepared pursuant to division (A) of this 231
section at one of the following times: 232
(i) Upon first contact with the victim, the victim's 234
family, or the victim's dependents; 235
(ii) If the offense OR DELINQUENT ACT is an offense of 237
violence, if the circumstances of the offense OR DELINQUENT ACT 239
and the condition of the victim, the victim's family, or the 241
victim's dependents indicate that the victim, the victim's 242
family, or the victim's dependents will not be able to understand 243
the significance of the pamphlet upon first contact with the 244
agency, and if the agency anticipates that it will have an 245
additional contact with the victim, the victim's family, or the 246
victim's dependents, upon the agency's second contact with the 247
victim, the victim's family, or the victim's dependents. 248
If the agency does not give the victim, the victim's 250
family, or the victim's dependents a copy of the pamphlet upon 251
first contact with them and does not have a second contact with 252
the victim, the victim's family, or the victim's dependents, the 254
agency shall mail a copy of the pamphlet to the victim, the 255
victim's family, or the victim's dependents at their last known 256
address. 257
(c) In complying on and after December 9, 1994, with the 259
duties imposed by division (B)(1)(a) or (b) of this section, an 261
official or a law enforcement agency shall use copies of the 262
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pamphlet that are in the official's or agency's possession on 263
December 9, 1994, until the official or agency has distributed 265
all of those copies. After the official or agency has 266
distributed all of those copies, the official or agency shall use 267
only copies of the pamphlet that contain at least the information 268
described in division (A)(1) to (15)(17) of this section. 269
(2) The failure of a law enforcement agency or of a 271
prosecuting attorney, assistant prosecuting attorney, director of 272
law, assistant director of law, village solicitor, assistant 273
village solicitor, or similar chief legal officer of a municipal 274
corporation or an assistant to any such officer OF THOSE OFFICERS 276
to give, as required by division (B)(1) of this section, the 278
victim of an offense OR DELINQUENT ACT, the victim's family, or 280
the victim's dependents a copy of the pamphlet prepared pursuant
to division (A) of this section does not give the victim, the 281
victim's family, the victim's dependents, or a victim's 282
representative any rights under section 122.95, 2743.51 to 285
2743.72, 2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 286
3109.10 of the Revised Code or under any other provision of the 287
Revised Code and does not affect any right under those sections. 288
(3) A law enforcement agency, a prosecuting attorney or 290
assistant prosecuting attorney, or a director of law, assistant 291
director of law, village solicitor, assistant village solicitor, 292
or similar chief legal officer of a municipal corporation that 293
distributes a copy of the pamphlet prepared pursuant to division 294
(A) of this section shall not be required to distribute a copy of 295
an information card or other printed material provided by the 296
clerk of the court of claims pursuant to section 2743.71 of the 297
Revised Code.
(C) The cost of printing and distributing the pamphlet 299
prepared pursuant to division (A) of this section shall be paid 300
out of the reparations fund, created pursuant to section 2743.191 301
of the Revised Code, in accordance with division (D) of that 302
section. 303
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(D) As used in this section: 305
(1) "Victim's representative" has the same meaning as in 307
section 2930.01 of the Revised Code; 308
(2) "Victim advocate" has the same meaning as in section 311
2919.26 of the Revised Code.
Sec. 109.57. (A)(1) The superintendent of the bureau of 320
criminal identification and investigation shall procure from 321
wherever procurable and file for record photographs, pictures, 323
descriptions, fingerprints, measurements, and other information 324
that may be pertinent of all persons who have been convicted of 325
committing within this state a felony, any crime constituting a 327
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a) of 329
section 109.572 of the Revised Code, of all children under 330
eighteen years of age who have been adjudicated delinquent 331
children for committing within this state an act that would be a 332
felony or an offense of violence if committed by an adult or who 333
have been convicted of or pleaded guilty to committing within 335
this state a felony or an offense of violence, and of all 336
well-known and habitual criminals. The person in charge of any 338
county, multicounty, municipal, municipal-county, or 339
multicounty-municipal jail or workhouse, community-based 340
correctional facility, halfway house, alternative residential 341
facility, or state correctional institution and the person in 342
charge of any state institution having custody of a person 343
suspected of having committed a felony, any crime constituting a 345
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a) of 347
section 109.572 of the Revised Code or having custody of a child
under eighteen years of age with respect to whom there is 348
probable cause to believe that the child may have committed an 350
act that would be a felony or an offense of violence if committed 352
by an adult shall furnish such material to the superintendent of 354
the bureau. Fingerprints, photographs, or other descriptive 356
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information of a child who is under eighteen years of age, has 357
not been arrested or otherwise taken into custody for committing
an act that would be a felony or an offense of violence if 359
committed by an adult, has not been adjudicated a delinquent 360
child for committing an act that would be a felony or an offense 361
of violence if committed by an adult, has not been convicted of 362
or pleaded guilty to committing a felony or an offense of 365
violence, and is not a child with respect to whom there is
probable cause to believe that the child may have committed an 367
act that would be a felony or an offense of violence if committed 369
by an adult shall not be procured by the superintendent or 370
furnished by any person in charge of any county, multicounty, 372
municipal, municipal-county, or multicounty-municipal jail or 373
workhouse, community-based correctional facility, halfway house, 374
alternative residential facility, or state correctional 375
institution, except as authorized in section 2151.313 of the 376
Revised Code.
(2) Every clerk of a court of record in this state, other 379
than the supreme court or a court of appeals, shall send to the 380
superintendent of the bureau a weekly report containing a summary 382
of each case involving a felony, involving any crime constituting 383
a misdemeanor on the first offense and a felony on subsequent 385
offenses, involving a misdemeanor described in division (A)(1)(a) 386
of section 109.572 of the Revised Code, or involving an 387
adjudication that IN A CASE IN WHICH a child under eighteen years 389
of age is WAS ALLEGED TO BE a delinquent child for committing an 390
act that would be a felony or an offense of violence if committed 391
by an adult. The clerk of the court of common pleas shall 393
include in the report and summary the clerk sends under this 394
division all information described in divisions (A)(2)(a) to (f) 395
of this section regarding a case before the court of appeals that 396
is served by that clerk. The summary shall be written on the 397
standard forms furnished by the superintendent pursuant to 399
division (B) of this section and shall include the following 400
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information:
(a) The incident tracking number contained on the standard 402
forms furnished by the superintendent pursuant to division (B) of 403
this section; 404
(b) The style and number of the case; 406
(c) The date of arrest; 408
(d) The date that the person was convicted of or pleaded 410
guilty to the offense, adjudicated a delinquent child for 411
committing the act that would be a felony or an offense of 414
violence if committed by an adult, found not guilty of the
offense, or found not to be a delinquent child for committing an 415
act that would be a felony or an offense of violence if committed 418
by an adult, the date of an entry dismissing the charge, an entry 420
declaring a mistrial of the offense in which the person is 421
discharged, an entry finding that the person or child is not
competent to stand trial, or an entry of a nolle prosequi, or the 422
date of any other determination that constitutes final resolution 423
of the case;
(e) A statement of the original charge with the section of 425
the Revised Code that was alleged to be violated; 426
(f) If the person or child was convicted, pleaded guilty, 428
or was adjudicated a delinquent child, the sentence or terms of 430
probation imposed or any other disposition of the offender or the 431
delinquent child.
If the offense involved the disarming of a law enforcement 433
officer or an attempt to disarm a law enforcement officer, the 434
clerk shall clearly state that fact in the summary, and the 435
superintendent shall ensure that a clear statement of that fact 436
is placed in the bureau's records.
(3) The superintendent shall cooperate with and assist 438
sheriffs, chiefs of police, and other law enforcement officers in 440
the establishment of a complete system of criminal identification 441
and in obtaining fingerprints and other means of identification 442
of all persons arrested on a charge of a felony, any crime 443
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constituting a misdemeanor on the first offense and a felony on 444
subsequent offenses, or a misdemeanor described in division 445
(A)(1)(a) of section 109.572 of the Revised Code and of all 446
children under eighteen years of age arrested or otherwise taken 448
into custody for committing an act that would be a felony or an 450
offense of violence if committed by an adult. The superintendent 452
also shall file for record the fingerprint impressions of all 453
persons confined in a county, multicounty, municipal, 454
municipal-county, or multicounty-municipal jail or workhouse,
community-based correctional facility, halfway house, alternative 456
residential facility, or state correctional institution for the 457
violation of state laws and of all children under eighteen years 459
of age who are confined in a county, multicounty, municipal, 460
municipal-county, or multicounty-municipal jail or workhouse, 461
community-based correctional facility, halfway house, alternative 462
residential facility, or state correctional institution or in any 464
facility for delinquent children for committing an act that would 466
be a felony or an offense of violence if committed by an adult, 467
and any other information that the superintendent may receive 469
from law enforcement officials of the state and its political 470
subdivisions.
(4) The superintendent shall carry out Chapter 2950. of 472
the Revised Code with respect to the registration of persons who 475
are convicted of or plead guilty to a sexually oriented offense 476
and with respect to all other duties imposed on the bureau under 477
that chapter.
(B) The superintendent shall prepare and furnish to every 479
county, multicounty, municipal, municipal-county, or 480
multicounty-municipal jail or workhouse, community-based 481
correctional facility, halfway house, alternative residential 482
facility, or state correctional institution and to every clerk of 483
a court in this state specified in division (A)(2) of this 484
section standard forms for reporting the information required 485
under division (A) of this section. The standard forms that the 487
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superintendent prepares pursuant to this division may be in a 488
tangible format, in an electronic format, or in both tangible 489
formats and electronic formats.
(C) The superintendent may operate a center for 491
electronic, automated, or other data processing for the storage 492
and retrieval of information, data, and statistics pertaining to 493
criminals and to children under eighteen years of age who are 494
adjudicated delinquent children for committing an act that would 496
be a felony or an offense of violence if committed by an adult, 497
criminal activity, crime prevention, law enforcement, and 500
criminal justice, and may establish and operate a statewide
communications network to gather and disseminate information, 501
data, and statistics for the use of law enforcement agencies. 502
The superintendent may gather, store, retrieve, and disseminate 504
information, data, and statistics that pertain to children who
are under eighteen years of age and that are gathered pursuant to 505
sections 109.57 to 109.61 of the Revised Code together with 506
information, data, and statistics that pertain to adults and that 507
are gathered pursuant to those sections. 508
(D) The information and materials furnished to the 510
superintendent pursuant to division (A) of this section and 511
information and materials furnished to any board or person under 512
division (F) or (G) of this section are not public records under 513
section 149.43 of the Revised Code. 514
(E) The attorney general shall adopt rules, in accordance 516
with Chapter 119. of the Revised Code, setting forth the 517
procedure by which a person may receive or release information 518
gathered by the superintendent pursuant to division (A) of this 520
section. A reasonable fee may be charged for this service. If a 521
temporary employment service submits a request for a 522
determination of whether a person the service plans to refer to 523
an employment position has been convicted of or pleaded guilty to 524
an offense listed in division (A)(1), (3), (4), or (5) of section 525
109.572 of the Revised Code, the request shall be treated as a 526
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single request and only one fee shall be charged. 527
(F)(1) As used in division (F)(2) of this section, "head 529
start agency" means an entity in this state that has been 530
approved to be an agency for purposes of subchapter II of the 531
"Community Economic Development Act," 95 Stat. 489 (1981), 42 532
U.S.C.A. 9831, as amended. 533
(2)(a) In addition to or in conjunction with any request 535
that is required to be made under section 109.572, 2151.86, 536
3301.32, 3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 537
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of 538
education of any school district; any county board of mental 539
retardation and developmental disabilities; any entity under 540
contract with a county board of mental retardation and 541
developmental disabilities; the chief administrator of any 542
chartered nonpublic school; the chief administrator of any home 543
health agency; the chief administrator of or person operating any 544
child day-care center, type A family day-care home, or type B 545
family day-care home licensed or certified under Chapter 5104. of 546
the Revised Code; the administrator of any type C family day-care 547
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st 548
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st 549
general assembly; the chief administrator of any head start 550
agency; or the executive director of a public children services 551
agency may request that the superintendent of the bureau 552
investigate and determine, with respect to any individual who has 553
applied for employment in any position after October 2, 1989, or 554
any individual wishing to apply for employment with a board of 555
education may request, with regard to the individual, whether the 557
bureau has any information gathered under division (A) of this 558
section that pertains to that individual. On receipt of the 559
request, the superintendent shall determine whether that 560
information exists and, upon request of the person, board, or 561
entity requesting information, also shall request from the 562
federal bureau of investigation any criminal records it has 563
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pertaining to that individual. Within thirty days of the date 564
that the superintendent receives a request, the superintendent 566
shall send to the board, entity, or person a report of any 567
information that the superintendent determines exists, including 569
information contained in records that have been sealed under 570
section 2953.32 of the Revised Code, and, within thirty days of 571
its receipt, shall send the board, entity, or person a report of 572
any information received from the federal bureau of 573
investigation, other than information the dissemination of which 574
is prohibited by federal law.
(b) When a board of education is required to receive 576
information under this section as a prerequisite to employment of 577
an individual pursuant to section 3319.39 of the Revised Code, it 578
may accept a certified copy of records that were issued by the 580
bureau of criminal identification and investigation and that are
presented by an individual applying for employment with the 581
district in lieu of requesting that information itself. In such 582
a case, the board shall accept the certified copy issued by the 583
bureau in order to make a photocopy of it for that individual's 584
employment application documents and shall return the certified 585
copy to the individual. In a case of that nature, a district 586
only shall accept a certified copy of records of that nature 587
within one year after the date of their issuance by the bureau. 589
(3) The state board of education may request, with respect 591
to any individual who has applied for employment after October 2, 592
1989, in any position with the state board or the department of 593
education, any information that a school district board of 594
education is authorized to request under division (F)(2) of this 596
section, and the superintendent of the bureau shall proceed as if 597
the request has been received from a school district board of 598
education under division (F)(2) of this section. 599
(4) When the superintendent of the bureau receives a 601
request for information that is authorized under section 3319.291 602
of the Revised Code, the superintendent shall proceed as if the 603
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request has been received from a school district board of 604
education under division (F)(2) of this section. 605
(5) When a recipient of an OhioReads classroom or 607
community reading grant paid under section 3301.86 or 3301.87 of 608
the Revised Code requests, with respect to any individual who 609
applies to participate in providing any program or service funded 610
in whole or in part by the grant, the information that a school 611
district board of education is authorized to request under
division (F)(2)(a) of this section, the superintendent of the 612
bureau shall proceed as if the request has been received from a 613
school district board of education under division (F)(2)(a) of 614
this section.
(G) In addition to or in conjunction with any request that 617
is required to be made under section 173.41, 3701.881, 3712.09, 618
3721.121, or 3722.151 of the Revised Code with respect to an 620
individual who has applied for employment in a position that 621
involves providing direct care to an older adult, the chief
administrator of a PASSPORT agency that provides services through 622
the PASSPORT program created under section 173.40 of the Revised 623
Code, home health agency, hospice care program, home licensed 625
under Chapter 3721. of the Revised Code, adult day-care program 626
operated pursuant to rules adopted under section 3721.04 of the 627
Revised Code, or adult care facility may request that the 629
superintendent of the bureau investigate and determine, with 630
respect to any individual who has applied after January 27, 1997, 632
for employment in a position that does not involve providing 633
direct care to an older adult, whether the bureau has any 634
information gathered under division (A) of this section that 635
pertains to that individual. On receipt of the request, the 636
superintendent shall determine whether that information exists 637
and, on request of the administrator requesting information, 638
shall also request from the federal bureau of investigation any 639
criminal records it has pertaining to that individual. Within 640
thirty days of the date a request is received, the superintendent 641
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shall send to the administrator a report of any information 643
determined to exist, including information contained in records 644
that have been sealed under section 2953.32 of the Revised Code, 645
and, within thirty days of its receipt, shall send the 646
administrator a report of any information received from the 647
federal bureau of investigation, other than information the 648
dissemination of which is prohibited by federal law. 649
(H) Information obtained by a board, administrator, or 652
other person under this section is confidential and shall not be 653
released or disseminated.
(I) The superintendent may charge a reasonable fee for 655
providing information or criminal records under division (F)(2) 656
or (G) of this section. 657
Sec. 2151.18. (A)(1) The juvenile court shall maintain 666
records of all official cases brought before it, including an 667
appearance docket, a journal, and a cashbook. The court shall 668
maintain a separate docket for traffic cases and shall record all 670
traffic cases on the separate docket instead of on the general 672
appearance docket. The parents of any child affected, if they 673
are living, or the nearest of kin of the child, if the parents 674
are deceased, may inspect these records, either in person or by 675
counsel during the hours in which the court is open.
(2) The juvenile court shall send to the superintendent of 677
the bureau of criminal identification and investigation, pursuant 678
to section 109.57 of the Revised Code, a weekly report containing 679
a summary of each case that has come before it and that involves 680
an adjudication that THE DISPOSITION OF a child WHO is a 681
delinquent child for committing an act that would be a felony or 683
an offense of violence if committed by an adult. 684
(B) The clerk of the court shall maintain a statistical 686
record that includes all of the following: 687
(1) The number of complaints that are filed with the court 689
that allege that a child is a delinquent child, in relation to 690
which the court determines under division (D) of section 2151.27 691
17
of the Revised Code that the victim of the alleged delinquent act 693
was sixty-five years of age or older or permanently and totally 694
disabled at the time of the alleged commission of the act; 695
(2) The number of complaints described in division (B)(1) 697
of this section that result in the child being adjudicated a 698
delinquent child; 699
(3) The number of complaints described in division (B)(2) 701
of this section in which the act upon which the delinquent child 702
adjudication is based caused property damage or would be a theft 703
offense, as defined in division (K) of section 2913.01 of the 704
Revised Code, if committed by an adult; 705
(4) The number of complaints described in division (B)(3) 707
of this section that result in the delinquent child being 708
required as an order of disposition made under division (A)(8)(b) 709
of section 2151.355 of the Revised Code to make restitution for 710
all or part of the property damage caused by the child's 711
delinquent act or for all or part of the value of the property 713
that was the subject of the delinquent act that would be a theft 714
offense if committed by an adult; 715
(5) The number of complaints described in division (B)(2) 717
of this section in which the act upon which the delinquent child 718
adjudication is based would have been an offense of violence if 719
committed by an adult; 720
(6) The number of complaints described in division (B)(5) 722
of this section that result in the delinquent child being 723
committed as an order of disposition made under division (A)(3), 724
(4), (5), (6), or (7) of section 2151.355 of the Revised Code to 725
any facility for delinquent children operated by the county, a 726
district, or a private agency or organization or to the 727
department of youth services; 728
(7) The number of complaints described in division (B)(1) 730
of this section that result in the case being transferred for 731
criminal prosecution to an appropriate court having jurisdiction 732
of the offense under section 2151.26 of the Revised Code. 733
18
(C) The clerk of the court shall compile an annual summary 735
covering the preceding calendar year showing all of the 736
information for that year contained in the statistical record 737
maintained under division (B) of this section. The statistical 738
record and the annual summary shall be public records open for 739
inspection. Neither the statistical record nor the annual 740
summary shall include the identity of any party to a case. 741
(D) Not later than June of each year, the court shall 743
prepare an annual report covering the preceding calendar year 744
showing the number and kinds of cases that have come before it, 745
the disposition of the cases, and any other data pertaining to 746
the work of the court that the juvenile judge directs. The court 748
shall file copies of the report with the board of county
commissioners. With the approval of the board, the court may 749
print or cause to be printed copies of the report for 750
distribution to persons and agencies interested in the court or 752
community program for dependent, neglected, abused, or delinquent 753
children and juvenile traffic offenders. The court shall include 754
the number of copies ordered printed and the estimated cost of
each printed copy on each copy of the report printed for 755
distribution. 756
Sec. 2151.31. (A) A child may be taken into custody in 765
any of the following ways: 766
(1) Pursuant to an order of the court under this chapter 768
OR PURSUANT TO AN ORDER OF THE COURT UPON A MOTION FILED PURSUANT 769
TO DIVISION (B) OF SECTION 2930.05 OF THE REVISED CODE; 770
(2) Pursuant to the laws of arrest; 772
(3) By a law enforcement officer or duly authorized 774
officer of the court when any of the following conditions are 775
present: 776
(a) There are reasonable grounds to believe that the child 778
is suffering from illness or injury and is not receiving proper 779
care, as described in section 2151.03 of the Revised Code, and 780
the child's removal is necessary to prevent immediate or 781
19
threatened physical or emotional harm; 783
(b) There are reasonable grounds to believe that the child 785
is in immediate danger from the child's surroundings and that the 787
child's removal is necessary to prevent immediate or threatened 788
physical or emotional harm; 789
(c) There are reasonable grounds to believe that a parent, 791
guardian, custodian, or other household member of the child's 792
household has abused or neglected another child in the household 793
and to believe that the child is in danger of immediate or 794
threatened physical or emotional harm from that person. 795
(4) By an enforcement official, as defined in section 797
4109.01 of the Revised Code, under the circumstances set forth in 798
section 4109.08 of the Revised Code; 799
(5) By a law enforcement officer or duly authorized 801
officer of the court when there are reasonable grounds to believe 802
that the child has run away from the child's parents, guardian, 804
or other custodian; 805
(6) By a law enforcement officer or duly authorized 807
officer of the court when any of the following apply: 808
(a) There are reasonable grounds to believe that the 810
conduct, conditions, or surroundings of the child are endangering 811
the health, welfare, or safety of the child. 812
(b) A complaint has been filed with respect to the child 814
under section 2151.27 of the Revised Code and there are 815
reasonable grounds to believe that the child may abscond or be 816
removed from the jurisdiction of the court. 817
(c) The child is required to appear in court and there are 819
reasonable grounds to believe that the child will not be brought 820
before the court when required. 821
(B)(1) The taking of a child into custody is not and shall 823
not be deemed an arrest except for the purpose of determining its 824
validity under the constitution of this state or of the United 825
States. 826
(2) Except as provided in division (C) of section 2151.311 828
20
of the Revised Code, a child taken into custody shall not be held 829
in any state correctional institution, county, multicounty, or 831
municipal jail or workhouse, or any other place where any adult 832
convicted of crime, under arrest, or charged with crime is held. 833
(C) A child taken into custody shall not be confined in a 835
place of juvenile detention or placed in shelter care prior to 836
the implementation of the court's final order of disposition, 837
unless detention or shelter care is required to protect the child 839
from immediate or threatened physical or emotional harm, because 840
the child may abscond or be removed from the jurisdiction of the 841
court, because the child has no parents, guardian, or custodian 842
or other person able to provide supervision and care for the 843
child and return the child to the court when required, or because 844
an order for placement of the child in detention or shelter care 845
has been made by the court pursuant to this chapter. 846
(D) Upon receipt of notice from a person that the person 848
intends to take an alleged abused, neglected, or dependent child 849
into custody pursuant to division (A)(3) of this section, a 850
juvenile judge or a designated referee may grant by telephone an 851
ex parte emergency order authorizing the taking of the child into 852
custody if there is probable cause to believe that any of the 853
conditions set forth in divisions (A)(3)(a) to (c) of this 854
section are present. The judge or referee shall journalize any 855
ex parte emergency order issued pursuant to this division. If an 856
order is issued pursuant to this division and the child is taken 857
into custody pursuant to the order, a sworn complaint shall be 858
filed with respect to the child before the end of the next 859
business day after the day on which the child is taken into 860
custody and a hearing shall be held pursuant to division (E) of 861
this section and the Juvenile Rules. A juvenile judge or referee 862
shall not grant an emergency order by telephone pursuant to this 863
division until after the judge or referee determines that 864
reasonable efforts have been made to notify the parents, 866
guardian, or custodian of the child that the child may be placed 867
21
into shelter care and of the reasons for placing the child into 868
shelter care, except that, if the requirement for notification 869
would jeopardize the physical or emotional safety of the child or 870
result in the child being removed from the court's jurisdiction, 871
the judge or referee may issue the order for taking the child 872
into custody and placing the child into shelter care prior to 873
giving notice to the parents, guardian, or custodian of the 874
child.
(E) If a judge or referee pursuant to division (D) of this 876
section issues an ex parte emergency order for taking a child 877
into custody, the court shall hold a hearing to determine whether 878
there is probable cause for the emergency order. The hearing 879
shall be held before the end of the next business day after the 880
day on which the emergency order is issued, except that it shall 881
not be held later than seventy-two hours after the emergency 882
order is issued. 883
If the court determines at the hearing that there is not 885
probable cause for the issuance of the emergency order issued 886
pursuant to division (D) of this section, it shall order the 887
child released to the custody of the child's parents, guardian, 889
or custodian. If the court determines at the hearing that there 890
is probable cause for the issuance of the emergency order issued 891
pursuant to division (D) of this section, the court shall do both 893
of the following: 894
(1) Ensure that a complaint is filed or has been filed; 896
(2) Hold a hearing pursuant to section 2151.314 of the 898
Revised Code to determine if the child should remain in shelter 899
care. 900
(F) If the court determines at the hearing held pursuant 902
to division (E) of this section that there is probable cause to 903
believe that the child is an abused child, as defined in division 904
(A) of section 2151.031 of the Revised Code, the court may do any 905
of the following: 906
(1) Upon the motion of any party, the guardian ad litem, 908
22
the prosecuting attorney, or an employee of the public children 909
services agency, or its own motion, issue reasonable protective 913
orders with respect to the interviewing or deposition of the 914
child;
(2) Order that the child's testimony be videotaped for 916
preservation of the testimony for possible use in any other 917
proceedings in the case; 918
(3) Set any additional conditions with respect to the 920
child or the case involving the child that are in the best 921
interest of the child. 922
(G) This section is not intended, and shall not be 924
construed, to prevent any person from taking a child into 925
custody, if taking the child into custody is necessary in an 926
emergency to prevent the physical injury, emotional harm, or 927
neglect of the child. 928
Sec. 2151.355. (A) If a child is adjudicated a delinquent 937
child, the court may make any of the following orders of 939
disposition:
(1) Any order that is authorized by section 2151.353 of 941
the Revised Code; 942
(2) Place the child on probation under any conditions that 944
the court prescribes. If the child is adjudicated a delinquent 945
child for violating section 2909.05, 2909.06, or 2909.07 of the 947
Revised Code and if restitution is appropriate under the
circumstances of the case, the court shall require the child to 948
make restitution for the property damage caused by the child's 949
violation as a condition of the child's probation. If the child 951
is adjudicated a delinquent child because the child violated any 952
other section of the Revised Code, the court may require the 953
child as a condition of the child's probation to make restitution 954
for the property damage caused by the child's violation and for 955
the value of the property that was the subject of the violation 956
the child committed if it would be a theft offense, as defined in 957
division (K) of section 2913.01 of the Revised Code, if committed 958
23
by an adult. The restitution may be in the form of a cash 959
reimbursement paid in a lump sum or in installments, the 960
performance of repair work to restore any damaged property to its 961
original condition, the performance of a reasonable amount of 962
labor for the victim approximately equal to the value of the 963
property damage caused by the child's violation or to the value 964
of the property that is the subject of the violation if it would 965
be a theft offense if committed by an adult, the performance of 966
community service or community work, any other form of 967
restitution devised by the court, or any combination of the 968
previously described forms of restitution.
If the child is adjudicated a delinquent child for 970
violating a law of this state or the United States, or an 971
ordinance or regulation of a political subdivision of this state, 972
that would be a crime if committed by an adult or for violating 974
division (A) of section 2923.211 of the Revised Code, the court,
in addition to all other required or permissive conditions of 976
probation that the court imposes upon the delinquent child 978
pursuant to division (A)(2) of this section, shall require the 979
child as a condition of the child's probation to abide by the law 980
during the period of probation, including, but not limited to, 981
complying with the provisions of Chapter 2923. of the Revised 982
Code relating to the possession, sale, furnishing, transfer, 983
disposition, purchase, acquisition, carrying, conveying, or use 984
of, or other conduct involving, a firearm or dangerous ordnance, 985
as defined in section 2923.11 of the Revised Code. 986
(3) Commit the child to the temporary custody of any 988
school, camp, institution, or other facility operated for the 990
care of delinquent children by the county, by a district 991
organized under section 2151.34 or 2151.65 of the Revised Code, 992
or by a private agency or organization, within or without the 993
state, that is authorized and qualified to provide the care, 994
treatment, or placement required;
(4) If the child is adjudicated a delinquent child for 996
24
committing an act that would be a felony of the third, fourth, or 997
fifth degree if committed by an adult or for violating division 999
(A) of section 2923.211 of the Revised Code, commit the child to 1,000
the legal custody of the department of youth services for 1,001
institutionalization for an indefinite term consisting of a 1,002
minimum period of six months and a maximum period not to exceed 1,003
the child's attainment of twenty-one years of age; 1,004
(5)(a) If the child is adjudicated a delinquent child for 1,006
violating section 2903.03, 2905.01, 2909.02, or 2911.01 or 1,007
division (A) of section 2903.04 of the Revised Code or for 1,008
violating any provision of section 2907.02 of the Revised Code 1,009
other than division (A)(1)(b) of that section when the sexual 1,011
conduct or insertion involved was consensual and when the victim
of the violation of division (A)(1)(b) of that section was older 1,013
than the delinquent child, was the same age as the delinquent 1,014
child, or was less than three years younger than the delinquent 1,015
child, commit the child to the legal custody of the department of 1,016
youth services for institutionalization in a secure facility for 1,017
an indefinite term consisting of a minimum period of one to three 1,018
years, as prescribed by the court, and a maximum period not to 1,019
exceed the child's attainment of twenty-one years of age; 1,020
(b) If the child is adjudicated a delinquent child for 1,023
violating section 2923.02 of the Revised Code and if the 1,024
violation involves an attempt to commit a violation of section
2903.01 or 2903.02 of the Revised Code, commit the child to the 1,026
legal custody of the department of youth services for
institutionalization in a secure facility for an indefinite term 1,027
consisting of a minimum period of six to seven years, as 1,028
prescribed by the court, and a maximum period not to exceed the 1,029
child's attainment of twenty-one years of age;
(c) If the child is adjudicated a delinquent child for 1,031
committing an act that is not described in division (A)(5)(a) or 1,032
(b) of this section and that would be a felony of the first or 1,033
second degree if committed by an adult, commit the child to the 1,034
25
legal custody of the department of youth services for 1,035
institutionalization in a secure facility for an indefinite term 1,036
consisting of a minimum period of one year and a maximum period 1,037
not to exceed the child's attainment of twenty-one years of age. 1,038
(6) If the child is adjudicated a delinquent child for 1,040
committing a violation of section 2903.01 or 2903.02 of the 1,041
Revised Code, commit the child to the legal custody of the 1,043
department of youth services for institutionalization in a secure 1,044
facility until the child's attainment of twenty-one years of age; 1,045
(7)(a) If the child is adjudicated a delinquent child for 1,048
committing an act, other than a violation of section 2923.12 of 1,049
the Revised Code, that would be a felony if committed by an adult 1,050
and is committed to the legal custody of the department of youth 1,051
services pursuant to division (A)(4), (5), or (6) of this section 1,052
and if the court determines that the child, if the child was an 1,053
adult, would be guilty of a specification of the type set forth 1,054
in section 2941.141, 2941.144, 2941.145, or 2941.146 of the 1,055
Revised Code in relation to the act for which the child was 1,056
adjudicated a delinquent child, commit the child to the legal 1,057
custody of the department of youth services for
institutionalization in a secure facility for the following 1,058
period of time, subject to division (A)(7)(c) of this section: 1,059
(i) If the child would be guilty of a specification of the 1,061
type set forth in section 2941.141 of the Revised Code, a period 1,062
of one year; 1,063
(ii) If the child would be guilty of a specification of 1,065
the type set forth in section 2941.144, 2941.145, or 2941.146 of 1,066
the Revised Code, a period of three years. 1,067
(b) If the child is adjudicated a delinquent child for 1,069
committing a category one offense or a category two offense and 1,070
is committed to the legal custody of the department of youth 1,071
services pursuant to division (A)(5) or (6) of this section and 1,072
if the court determines that the child, if the child was an 1,073
adult, would be guilty of a specification of the type set forth 1,074
26
in section 2941.142 of the Revised Code in relation to the act 1,075
for which the child was adjudicated a delinquent child, the court 1,076
shall commit the child to the legal custody of the department of 1,078
youth services for institutionalization in a secure facility for
a period of not less than one year or more than three years, 1,079
subject to division (A)(7)(c) of this section. 1,080
(c) The court shall not commit a child to the legal 1,083
custody of the department of youth services pursuant to division 1,084
(A)(7)(a) or (b) of this section for a period of time that 1,085
exceeds three years. The period of commitment imposed pursuant 1,086
to division (A)(7)(a) or (b) of this section shall be in addition 1,087
to, and shall be served consecutively with and prior to, a period 1,088
of commitment ordered pursuant to division (A)(4), (5), or (6) of 1,089
this section, provided that the total of all the periods of 1,090
commitment shall not exceed the child's attainment of twenty-one 1,091
years of age.
(8)(a) Impose a fine and costs in accordance with the 1,094
schedule set forth in section 2151.3512 of the Revised Code;
(b) Require the child to make restitution for all or part 1,096
of the property damage caused by the child's delinquent act and 1,097
for all or part of the value of the property that was the subject 1,098
of any delinquent act the child committed that would be a theft 1,099
offense, as defined in division (K) of section 2913.01 of the 1,100
Revised Code, if committed by an adult. If the court determines 1,101
that the victim of the child's delinquent act was sixty-five 1,102
years of age or older or permanently and totally disabled at the 1,103
time of the commission of the act, the court, regardless of 1,104
whether or not the child knew the age of the victim, shall 1,105
consider that fact in favor of imposing restitution, but that 1,106
fact shall not control the decision of the court. The 1,107
restitution may be in the form of a cash reimbursement paid in a 1,108
lump sum or in installments, the performance of repair work to 1,109
restore any damaged property to its original condition, the 1,110
performance of a reasonable amount of labor for the victim, the 1,111
27
performance of community service or community work, any other 1,112
form of restitution devised by the court, or any combination of 1,113
the previously described forms of restitution. 1,114
(9) Subject to division (D) of this section, suspend or 1,117
revoke the driver's license, probationary driver's license, or 1,118
temporary instruction permit issued to the child or suspend or 1,119
revoke the registration of all motor vehicles registered in the 1,120
name of the child. A child whose license or permit is so 1,121
suspended or revoked is ineligible for issuance of a license or 1,122
permit during the period of suspension or revocation. At the end 1,123
of the period of suspension or revocation, the child shall not be 1,124
reissued a license or permit until the child has paid any 1,125
applicable reinstatement fee and complied with all requirements 1,126
governing license reinstatement.
(10) If the child is adjudicated a delinquent child for 1,128
committing an act that, if committed by an adult, would be a 1,130
criminal offense that would qualify the adult as an eligible
offender pursuant to division (A)(3) of section 2929.23 of the 1,131
Revised Code, impose a period of electronically monitored house 1,132
detention in accordance with division (I) of this section that 1,134
does not exceed the maximum sentence of imprisonment that could 1,135
be imposed upon an adult who commits the same act; 1,136
(11) Impose a period of day reporting in which the child 1,138
is required each day to report to and leave a center or other 1,139
approved reporting location at specified times in order to 1,140
participate in work, education or training, treatment, and other 1,141
approved programs at the center or outside the center; 1,142
(12) Impose a period of electronically monitored house 1,144
arrest in accordance with division (I) of this section; 1,146
(13) Impose a period of community service of up to five 1,148
hundred hours; 1,149
(14) Impose a period in an alcohol or drug treatment 1,151
program with a level of security for the child as determined 1,152
necessary by the court; 1,153
28
(15) Impose a period of intensive supervision, in which 1,155
the child is required to maintain frequent contact with a person 1,156
appointed by the court to supervise the child while the child is 1,157
seeking or maintaining employment and participating in training, 1,158
education, and treatment programs as the order of disposition; 1,160
(16) Impose a period of basic supervision, in which the 1,162
child is required to maintain contact with a person appointed to 1,163
supervise the child in accordance with sanctions imposed by the 1,164
court; 1,165
(17) Impose a period of drug and alcohol use monitoring; 1,168
(18) Impose a period in which the court orders the child 1,170
to observe a curfew that may involve daytime or evening hours; 1,172
(19) Require the child to obtain a high school diploma, a 1,175
certificate of high school equivalence, or employment; 1,176
(20) If the court obtains the assent of the victim of the 1,179
criminal act committed by the child, require the child to 1,180
participate in a reconciliation or mediation program that 1,181
includes a meeting in which the child and the victim may discuss 1,182
the criminal act, discuss restitution, and consider other 1,183
sanctions for the criminal act;
(21) Commit the child to the temporary or permanent 1,185
custody of the court;
(22) Make any further disposition that the court finds 1,187
proper, except that the child shall not be placed in any state 1,189
correctional institution, county, multicounty, or municipal jail 1,190
or workhouse, or other place in which an adult convicted of a 1,192
crime, under arrest, or charged with a crime is held (22). 1,193
(B)(1) If a child is adjudicated a delinquent child for 1,196
violating section 2923.32 of the Revised Code, the court, in 1,197
addition to any order of disposition it makes for the child under 1,198
division (A) of this section, shall enter an order of criminal 1,199
forfeiture against the child in accordance with divisions (B)(3), 1,200
(4), (5), and (6) and (C) to (F) of section 2923.32 of the 1,201
Revised Code.
29
(2) If a child is adjudicated a delinquent child for 1,204
committing two or more acts that would be felonies if committed
by an adult and if the court entering the delinquent child 1,205
adjudication orders the commitment of the child, for two or more 1,206
of those acts, to the legal custody of the department of youth 1,207
services for institutionalization or institutionalization in a 1,208
secure facility pursuant to division (A)(4), (5), or (6) of this 1,209
section, the court may order that all of the periods of 1,210
commitment imposed under those divisions for those acts be served 1,212
consecutively in the legal custody of the department of youth 1,213
services and, if applicable, be in addition to and commence 1,214
immediately following the expiration of a period of commitment 1,215
that the court imposes pursuant to division (A)(7) of this 1,216
section. A court shall not commit a delinquent child to the 1,217
legal custody of the department of youth services under division 1,218
(B)(2) of this section for a period that exceeds the child's 1,219
attainment of twenty-one years of age.
(C) If a child is adjudicated a delinquent child for 1,221
committing an act that, if committed by an adult, would be a drug 1,223
abuse offense, as defined in section 2925.01 of the Revised Code, 1,224
or for violating division (B) of section 2917.11 of the Revised 1,225
Code, in addition to imposing in its discretion any other order 1,226
of disposition authorized by this section, the court shall do 1,227
both of the following:
(1) Require the child to participate in a drug abuse or 1,229
alcohol abuse counseling program; 1,230
(2) Suspend or revoke the temporary instruction permit, 1,232
probationary driver's license, or driver's license issued to the 1,234
child for a period of time prescribed by the court or, at the 1,235
discretion of the court, until the child attends and 1,236
satisfactorily completes, a drug abuse or alcohol abuse 1,238
education, intervention, or treatment program specified by the 1,239
court. During the time the child is attending the program, the 1,240
court shall retain any temporary instruction permit, probationary 1,241
30
driver's license, or driver's license issued to the child, and 1,242
the court shall return the permit or license when the child 1,243
satisfactorily completes the program. 1,244
(D) If a child is adjudicated a delinquent child for 1,247
violating section 2923.122 of the Revised Code, the court, in
addition to any order of disposition it makes for the child under 1,249
division (A), (B), or (C) of this section, shall revoke the 1,251
temporary instruction permit and deny the child the issuance of 1,252
another temporary instruction permit in accordance with division 1,253
(E)(F)(1)(b) of section 2923.122 of the Revised Code or shall 1,254
suspend the probationary driver's license, restricted license, or 1,255
nonresident operating privilege of the child or deny the child 1,256
the issuance of a probationary driver's license, restricted 1,257
license, or temporary instruction permit in accordance with 1,258
division (E)(F)(1)(a), (c), (d), or (e) of section 2923.122 of 1,259
the Revised Code. 1,260
(E)(1) At the dispositional hearing and prior to making 1,262
any disposition pursuant to division (A) of this section, the 1,263
court shall determine whether a victim of the delinquent act 1,264
committed by the child was five years of age or younger at the 1,265
time the delinquent act was committed, whether a victim of the 1,266
delinquent act sustained physical harm to the victim's person 1,267
during the commission of or otherwise as a result of the 1,268
delinquent act, whether a victim of the delinquent act was 1,269
sixty-five years of age or older or permanently and totally 1,270
disabled at the time the delinquent act was committed, and 1,271
whether the delinquent act would have been an offense of violence 1,272
if committed by an adult. If the victim was five years of age or 1,273
younger at the time the delinquent act was committed, sustained 1,274
physical harm to the victim's person during the commission of or
otherwise as a result of the delinquent act, or was sixty-five 1,275
years of age or older or permanently and totally disabled at the 1,277
time the act was committed, regardless of whether the child knew 1,278
the age of the victim, and if the act would have been an offense 1,279
31
of violence if committed by an adult, the court shall consider 1,280
those facts in favor of imposing commitment under division 1,281
(A)(3), (4), (5), or (6) of this section, but those facts shall 1,282
not control the court's decision.
(2) At the dispositional hearing and prior to making any 1,284
disposition pursuant to division (A)(4), (5), or (6) of this 1,285
section, the court shall determine whether the delinquent child 1,286
previously has been adjudicated a delinquent child for a 1,287
violation of a law or ordinance. If the delinquent child 1,288
previously has been adjudicated a delinquent child for a 1,289
violation of a law or ordinance, the court, for purposes of
entering an order of disposition for the delinquent child under 1,290
this section, shall consider the previous delinquent child 1,292
adjudication as a conviction of a violation of the law or 1,293
ordinance in determining the degree of offense the current
delinquent act would be had it been committed by an adult. 1,294
(F)(1) When a juvenile court commits a delinquent child to 1,296
the custody of the department of youth services pursuant to this 1,297
section, the court shall not designate the specific institution 1,298
in which the department is to place the child but instead shall 1,300
specify that the child is to be institutionalized or that the 1,301
institutionalization is to be in a secure facility if that is
required by division (A) of this section. 1,302
(2) When a juvenile court commits a delinquent child to 1,304
the custody of the department of youth services, the court shall 1,305
provide the department with the child's medical records, a copy 1,306
of the report of any mental examination of the child ordered by 1,308
the court, the section or sections of the Revised Code violated 1,309
by the child and the degree of the violation, the warrant to 1,310
convey the child to the department, a copy of the court's journal 1,311
entry ordering the commitment of the child to the legal custody 1,312
of the department, a copy of the arrest record pertaining to the 1,313
act for which the child was adjudicated a delinquent child, a 1,314
copy of any victim impact statement pertaining to the act, and 1,315
32
any other information concerning the child that the department 1,316
reasonably requests. The court also shall complete the form for 1,317
the standard disposition investigation report that is developed 1,319
and furnished by the department of youth services pursuant to 1,320
section 5139.04 of the Revised Code and provide the department
with the completed form. The department may refuse to accept 1,321
physical custody of a delinquent child who is committed to the 1,323
legal custody of the department until the court provides to the 1,324
department the documents specified in division (F)(2) of this 1,325
section. No officer or employee of the department who refuses to 1,326
accept physical custody of a delinquent child who is committed to 1,327
the legal custody of the department shall be subject to
prosecution or contempt of court for the refusal if the court 1,328
fails to provide the documents specified in division (F)(2) of 1,329
this section at the time the court transfers the physical custody 1,330
of the child to the department. 1,331
(3) Within twenty working days after the department of 1,333
youth services receives physical custody of a delinquent child 1,334
from a juvenile court, the court shall provide the department 1,335
with a certified copy of the child's birth certificate or the 1,337
child's social security number, or, if the court made all
reasonable efforts to obtain the information but was 1,338
unsuccessful, the court shall provide the department with 1,339
documentation of the efforts it made to obtain the information. 1,340
(4) When a juvenile court commits a delinquent child to 1,342
the custody of the department of youth services, the court shall 1,343
give notice to the school attended by the child of the child's 1,344
commitment by sending to that school a copy of the court's 1,345
journal entry ordering the commitment. As soon as possible after 1,346
receipt of the notice described in this division, the school 1,347
shall provide the department with the child's school transcript. 1,348
However, the department shall not refuse to accept a child 1,349
committed to it, and a child committed to it shall not be held in 1,350
a county or district detention home, because of a school's 1,351
33
failure to provide the school transcript that it is required to 1,352
provide under division (F)(4) of this section. 1,353
(5) The department of youth services shall provide the 1,355
court and the school with an updated copy of the child's school 1,356
transcript and shall provide the court with a summary of the 1,357
institutional record of the child when it releases the child from 1,358
institutional care. The department also shall provide the court 1,359
with a copy of any portion of the child's institutional record 1,360
that the court specifically requests within five working days of 1,361
the request.
(6) When a juvenile court commits a delinquent child to 1,363
the custody of the department of youth services pursuant to 1,364
division (A)(4) or (5) of this section, the court shall state in 1,365
the order of commitment the total number of days that the child 1,366
has been held, as of the date of the issuance of the order, in 1,367
detention in connection with the delinquent child complaint upon 1,368
which the order of commitment is based. The department shall 1,370
reduce the minimum period of institutionalization or minimum 1,371
period of institutionalization in a secure facility specified in 1,372
division (A)(4) or (5) of this section by both the total number 1,373
of days that the child has been so held in detention as stated by 1,374
the court in the order of commitment and the total number of any 1,375
additional days that the child has been held in detention 1,376
subsequent to the order of commitment but prior to the transfer 1,377
of physical custody of the child to the department.
(G)(1) At any hearing at which a child is adjudicated a 1,380
delinquent child or as soon as possible after the hearing, the
court shall notify all victims of the delinquent act, who may be 1,381
entitled to a recovery under any of the following sections, of 1,382
the right of the victims to recover, pursuant to section 3109.09 1,383
of the Revised Code, compensatory damages from the child's 1,384
parents; of the right of the victims to recover, pursuant to 1,385
section 3109.10 of the Revised Code, compensatory damages from 1,386
the child's parents for willful and malicious assaults committed 1,387
34
by the child; and of the right of the victims to recover an award 1,388
of reparations pursuant to sections 2743.51 to 2743.72 of the 1,389
Revised Code. 1,390
(2) If a child is adjudicated a delinquent child for 1,393
committing an act that, if committed by an adult, would be 1,394
aggravated murder, murder, rape, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, 1,395
involuntary manslaughter, a felony of the first or second degree 1,397
resulting in the death of or physical harm to a person, 1,398
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 1,399
or was substantially equivalent to any of those offenses and if 1,400
the court in its order of disposition for that act commits the 1,401
child to the custody of the department of youth services, the 1,402
court may make a specific finding that the adjudication should be 1,403
considered a conviction for purposes of a determination in the 1,404
future, pursuant to Chapter 2929. of the Revised Code, as to 1,405
whether the child is a repeat violent offender as defined in 1,406
section 2929.01 of the Revised Code. If the court makes a 1,407
specific finding as described in this division, it shall include 1,408
the specific finding in its order of disposition and in the 1,409
record in the case.
(H)(1) If a child is adjudicated a delinquent child for 1,411
committing an act that would be a felony OR OFFENSE OF VIOLENCE 1,412
if committed by an adult and if the child caused, attempted to 1,414
cause, threatened to cause, or created the risk of physical harm 1,415
to the victim of the act, the court, prior to issuing an order of 1,416
disposition under this section, shall order the preparation of a 1,417
victim impact statement by the probation department of the county 1,418
in which the victim of the act resides, by the court's own 1,419
probation department, or by a victim assistance program that is 1,420
operated by the state, a county, a municipal corporation, or 1,421
another governmental entity. The court shall consider the victim 1,422
impact statement in determining the order of disposition to issue 1,423
35
for the child. 1,424
(2) Each victim impact statement shall identify the victim 1,426
of the act for which the child was adjudicated a delinquent 1,427
child, itemize any economic loss suffered by the victim as a 1,428
result of the act, identify any physical injury suffered by the 1,429
victim as a result of the act and the seriousness and permanence 1,430
of the injury, identify any change in the victim's personal 1,431
welfare or familial relationships as a result of the act and any 1,432
psychological impact experienced by the victim or the victim's 1,433
family as a result of the act, and contain any other information 1,434
related to the impact of the act upon the victim that the court 1,435
requires. 1,436
(3) A victim impact statement shall be kept confidential 1,438
and is not a public record, as defined in section 149.43 of the 1,439
Revised Code. However, the court may furnish copies of the 1,440
statement to the department of youth services pursuant to 1,441
division (F)(3) of this section or to both the adjudicated 1,442
delinquent child or the adjudicated delinquent child's counsel 1,443
and the prosecuting attorney. The copy of a victim impact 1,445
statement furnished by the court to the department pursuant to 1,446
division (F)(3) of this section shall be kept confidential and is 1,447
not a public record, as defined in section 149.43 of the Revised 1,448
Code. The copies of a victim impact statement that are made 1,449
available to the adjudicated delinquent child or the adjudicated 1,450
delinquent child's counsel and the prosecuting attorney pursuant 1,452
to division (H)(3) of this section shall be returned to the court 1,455
by the person to whom they were made available immediately 1,456
following the imposition of an order of disposition for the child 1,457
under this section.
(I)(1) As used in division (I)(2) of this section, "felony 1,459
drug abuse offense" has the same meaning as in section 2925.01 of 1,460
the Revised Code. 1,461
(2) Sections 2925.41 to 2925.45 of the Revised Code apply 1,463
to children who are adjudicated or could be adjudicated by a 1,464
36
juvenile court to be delinquent children for an act that, if 1,465
committed by an adult, would be a felony drug abuse offense. 1,466
Subject to division (B) of section 2925.42 and division (E) of 1,467
section 2925.43 of the Revised Code, a delinquent child of that 1,468
nature loses any right to the possession of, and forfeits to the 1,469
state any right, title, and interest that the delinquent child 1,470
may have in, property as defined in section 2925.41 and further 1,471
described in section 2925.42 or 2925.43 of the Revised Code. 1,472
(3) Sections 2923.44 to 2923.47 of the Revised Code apply 1,475
to children who are adjudicated or could be adjudicated by a 1,476
juvenile court to be delinquent children for an act in violation 1,477
of section 2923.42 of the Revised Code. Subject to division (B) 1,479
of section 2923.44 and division (E) of section 2923.45 of the 1,480
Revised Code, a delinquent child of that nature loses any right 1,481
to the possession of, and forfeits to the state any right, title,
and interest that the delinquent child may have in, property as 1,482
defined in section 2923.41 of the Revised Code and further 1,483
described in section 2923.44 or 2923.45 of the Revised Code. 1,484
(J)(1) As used in this section: 1,486
(a) "Electronic monitoring device," "certified electronic 1,488
monitoring device," "electronic monitoring system," and 1,489
"certified electronic monitoring system" have the same meanings 1,490
as in section 2929.23 of the Revised Code. 1,491
(b) "Electronically monitored house detention" means a 1,493
period of confinement of a child in the child's home or in other 1,494
premises specified by the court, during which period of 1,496
confinement all of the following apply: 1,497
(i) The child wears, otherwise has attached to the child's 1,499
person, or otherwise is subject to monitoring by a certified 1,500
electronic monitoring device or is subject to monitoring by a 1,501
certified electronic monitoring system. 1,502
(ii) The child is required to remain in the child's home 1,504
or other premises specified by the court for the specified period 1,505
of confinement, except for periods of time during which the child 1,506
37
is at school or at other premises as authorized by the court. 1,507
(iii) The child is subject to monitoring by a central 1,509
system that monitors the certified electronic monitoring device 1,510
that is attached to the child's person or that otherwise is being 1,511
used to monitor the child and that can monitor and determine the 1,513
child's location at any time or at a designated point in time, or 1,514
the child is required to participate in monitoring by a certified 1,516
electronic monitoring system. 1,517
(iv) The child is required by the court to report 1,519
periodically to a person designated by the court. 1,520
(v) The child is subject to any other restrictions and 1,522
requirements that may be imposed by the court. 1,523
(2) A juvenile court, pursuant to division (A)(10) of this 1,525
section, may impose a period of electronically monitored house 1,526
detention upon a child who is adjudicated a delinquent child for 1,527
committing an act that, if committed by an adult, would be a 1,528
criminal offense that would qualify the adult as an eligible 1,529
offender pursuant to division (A)(3) of section 2929.23 of the 1,530
Revised Code. The court may impose a period of electronically 1,531
monitored house detention in addition to or in lieu of any other 1,532
dispositional order imposed upon the child, except that any 1,533
period of electronically monitored house detention shall not 1,534
extend beyond the child's eighteenth birthday. If a court 1,535
imposes a period of electronically monitored house detention upon 1,536
a child, it shall require the child to wear, otherwise have 1,537
attached to the child's person, or otherwise be subject to 1,538
monitoring by a certified electronic monitoring device or to 1,540
participate in the operation of and monitoring by a certified 1,541
electronic monitoring system; to remain in the child's home or 1,542
other specified premises for the entire period of electronically 1,544
monitored house detention except when the court permits the child 1,545
to leave those premises to go to school or to other specified 1,546
premises; to be monitored by a central system that monitors the 1,547
certified electronic monitoring device that is attached to the 1,548
38
child's person or that otherwise is being used to monitor the 1,549
child and that can monitor and determine the child's location at 1,550
any time or at a designated point in time or to be monitored by 1,551
the certified electronic monitoring system; to report 1,552
periodically to a person designated by the court; and, in return 1,553
for receiving a dispositional order of electronically monitored 1,554
house detention, to enter into a written contract with the court 1,555
agreeing to comply with all restrictions and requirements imposed 1,556
by the court, agreeing to pay any fee imposed by the court for 1,557
the costs of the electronically monitored house detention imposed 1,558
by the court pursuant to division (E) of section 2929.23 of the 1,559
Revised Code, and agreeing to waive the right to receive credit 1,560
for any time served on electronically monitored house detention 1,561
toward the period of any other dispositional order imposed upon 1,562
the child for the act for which the dispositional order of 1,563
electronically monitored house detention was imposed if the child 1,564
violates any of the restrictions or requirements of the 1,565
dispositional order of electronically monitored house detention. 1,566
The court also may impose other reasonable restrictions and 1,567
requirements upon the child.
(3) If a child violates any of the restrictions or 1,569
requirements imposed upon the child as part of the child's 1,570
dispositional order of electronically monitored house detention, 1,571
the child shall not receive credit for any time served on 1,572
electronically monitored house detention toward any other 1,573
dispositional order imposed upon the child for the act for which 1,574
the dispositional order of electronically monitored house 1,576
detention was imposed.
(K) Within ten days after completion of the adjudication, 1,578
the court shall give written notice of an adjudication that a 1,579
child is a delinquent child to the superintendent of a city, 1,580
local, exempted village, or joint vocational school district if 1,581
the basis of the adjudication was the commission of an act that 1,582
would be a criminal offense if committed by an adult and that was 1,583
39
committed by the delinquent child when the child was sixteen 1,584
years of age or older and if the act is any of the following: 1,585
(1) A violation of section 2923.122 of the Revised Code 1,587
that relates to property owned or controlled by, or to an 1,588
activity held under the auspices of, the board of education of 1,589
that school district; 1,590
(2) A violation of section 2923.12 of the Revised Code or 1,592
of a substantially similar municipal ordinance that was committed 1,593
on property owned or controlled by, or at an activity held under 1,594
the auspices of, the board of education of that school district; 1,595
(3) A violation of division (A) of section 2925.03 or 1,597
2925.11 of the Revised Code that was committed on property owned 1,598
or controlled by, or at an activity held under the auspices of, 1,599
the board of education of that school district and that is not a 1,600
minor drug possession offense as defined in section 2925.01 of 1,601
the Revised Code;
(4) A violation of section 2903.01, 2903.02, 2903.03, 1,603
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised 1,605
Code, or a violation of former section 2907.12 of the Revised
Code, that 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, if the victim at the time of the 1,609
commission of the act was an employee of the board of education 1,610
of that school district;
(5) Complicity in any violation described in division 1,612
(K)(1), (2), (3), or (4) of this section that was alleged to have 1,614
been committed in the manner described in division (K)(1), (2), 1,615
(3), or (4) of this section, regardless of whether the act of 1,617
complicity was committed on property owned or controlled by, or 1,618
at an activity held under the auspices of, the board of education 1,619
of that school district. 1,620
(L) During the period of a delinquent child's probation 1,622
granted under division (A)(2) of this section, authorized 1,625
probation officers who are engaged within the scope of their 1,626
40
supervisory duties or responsibilities may search, with or 1,627
without a warrant, the person of the delinquent child, the place
of residence of the delinquent child, and a motor vehicle, 1,628
another item of tangible or intangible personal property, or 1,629
other real property in which the delinquent child has a right, 1,630
title, or interest or for which the delinquent child has the 1,631
express or implied permission of a person with a right, title, or 1,632
interest to use, occupy, or possess if the probation officers 1,633
have reasonable grounds to believe that the delinquent child is 1,634
not abiding by the law or otherwise is not complying with the 1,635
conditions of the delinquent child's probation. The court that 1,636
places a delinquent child on probation under division (A)(2) of 1,637
this section shall provide the delinquent child with a written 1,638
notice that informs the delinquent child that authorized 1,639
probation officers who are engaged within the scope of their 1,640
supervisory duties or responsibilities may conduct those types of 1,642
searches during the period of probation if they have reasonable
grounds to believe that the delinquent child is not abiding by 1,643
the law or otherwise is not complying with the conditions of the 1,644
delinquent child's probation. The court also shall provide the 1,645
written notice described in division (C)(2)(b) of section 1,646
2151.411 of the Revised Code to each parent, guardian, or
custodian of the delinquent child who is described in division 1,647
(C)(2)(a) of that section. 1,648
Sec. 2151.38. (A) When a child is committed to the legal 1,657
custody of the department of youth services, the jurisdiction of 1,658
the juvenile court with respect to the child so committed shall 1,659
cease and terminate at the time of commitment, except as provided 1,660
in divisions (B), (C), and (G) of this section. Subject to 1,662
divisions (B) and (C) of this section, sections 2151.353 and 1,663
2151.411 to 2151.421 of the Revised Code, and any other provision 1,664
of law that specifies a different duration for a dispositional 1,666
order, all other dispositional orders made by the court shall be 1,667
temporary and shall continue for a period that is designated by 1,668
41
the court in its order, until terminated or modified by the court 1,669
or until the child attains twenty-one years of age.
The release authority of the department shall not release 1,672
the child from institutional care or institutional care in a 1,673
secure facility and as a result shall not discharge the child or 1,675
order the child's release on supervised release prior to the 1,676
expiration of the prescribed minimum period of 1,678
institutionalization or institutionalization in a secure facility 1,679
or prior to the child's attainment of twenty-one years of age, 1,681
whichever is applicable under the order of commitment, except
upon the order of a court pursuant to division (B) or (C) of this 1,685
section or in accordance with section 5139.54 of the Revised 1,687
Code. 1,688
(B)(1) If the department of youth services desires to 1,690
release a child during the first half of the prescribed minimum 1,691
term for which the child was committed to the department or, if 1,692
the child was committed to the department until the child attains 1,694
twenty-one years of age, during the first half of the prescribed 1,695
period of commitment that begins on the first day of commitment 1,696
and ends on the child's twenty-first birthday, it shall request 1,698
the court that committed the child to the department for a
judicial release of the child from institutional care or 1,699
institutional care in a secure facility. During the first half 1,701
of that prescribed minimum term or of that prescribed period of
commitment, whichever of those periods is applicable, the child 1,702
or the parents of the child also may request that court to grant 1,703
a judicial release of the child from institutional care or 1,704
institutional care in a secure facility. Upon receipt of a 1,705
request for a judicial release from the department, the child, or 1,706
the child's parent or upon its own motion, the court that 1,707
committed the child shall approve the judicial release from 1,708
institutional care or institutional care in a secure facility by 1,709
journal entry, shall schedule within twenty days after the 1,710
request is received a time for a hearing on whether the child is 1,711
42
to be released under a judicial release, or shall reject the 1,712
request by journal entry without conducting a hearing. If the 1,714
court rejects an initial request for a judicial release by the 1,715
child or the child's parent, the child or the child's parent may 1,716
make one additional request for a judicial release within the 1,718
first half of the applicable prescribed minimum term or 1,719
prescribed period of commitment. The child or the child's parent 1,720
may make the additional request no earlier than thirty days after 1,721
the filing of the prior request for a judicial release. Upon the 1,722
filing by the child or the child's parent of a second request for 1,724
a judicial release, the court shall either approve or disapprove
the judicial release by journal entry or schedule within twenty 1,727
days after the request is received a time for a hearing on
whether the child is to be released under a judicial release. 1,728
(2) If a court schedules a hearing under division (B)(1) 1,732
of this section to determine whether a child should be granted a 1,733
judicial release, it THE COURT SHALL GIVE NOTICE OF THE HEARING 1,734
TO THE PROSECUTOR INVOLVED IN THE CASE. IN ACCORDANCE WITH 1,735
SECTION 2930.16 OF THE REVISED CODE AND IF THE VICTIM HAS 1,737
REQUESTED NOTIFICATION, THE PROSECUTOR SHALL GIVE NOTICE OF THE 1,738
HEARING TO THE VICTIM OF THE DELINQUENT ACT FOR WHICH THE CHILD'S 1,740
COMMITMENT TO THE LEGAL CUSTODY OF THE DEPARTMENT WAS IMPOSED.
THE COURT may order the department to deliver the child to the 1,742
court on the date set for the hearing and may order the 1,743
department to present to the court a report on the child's 1,744
progress in the institution to which the child was committed and 1,745
recommendations for terms and conditions of supervision of the 1,746
child by the court after release. The court may conduct the 1,747
hearing without the child being present. THE COURT SHALL 1,748
CONSIDER ANY STATEMENT OF A VICTIM MADE PURSUANT TO SECTION 1,749
2930.14 OR 2930.17 OF THE REVISED CODE AND ANY VICTIM IMPACT 1,751
STATEMENT PREPARED PURSUANT TO SECTION 2151.355 OF THE REVISED 1,754
CODE. The court shall determine at the hearing whether the child 1,755
should be granted a judicial release from institutionalization or
43
institutionalization in a secure facility. AFTER MAKING A 1,756
DETERMINATION, THE COURT SHALL NOTIFY THE VICTIM OF THE 1,758
DETERMINATION IN ACCORDANCE WITH SECTIONS 2930.03 AND 2930.16 OF 1,759
THE REVISED CODE. If the court approves the judicial release, 1,761
the court shall order its staff to prepare a written treatment 1,762
and rehabilitation plan for the child that may include any terms 1,763
and conditions of the child's release that were recommended by 1,764
the department and approved by the court. The committing court 1,765
shall send the juvenile court of the county in which the child is 1,766
placed a copy of the recommended plan and the terms and 1,767
conditions set by the committing court. The court of the county 1,769
in which the child is placed may adopt the recommended terms and 1,770
conditions set by the committing court as an order of the court 1,771
and may add any additional consistent terms and conditions it 1,772
considers appropriate. If a child is granted a judicial release, 1,773
the judicial release discharges the child from the custody of the
department of youth services. 1,774
(C)(1) If a child is committed to the department of youth 1,776
services and has been in institutional care or institutional care 1,777
in a secure facility for more than one-half of the prescribed 1,778
minimum term for which the child was committed or, if the child 1,779
was committed to the department until the child attains 1,780
twenty-one years of age, for more than one-half of the prescribed 1,781
period of commitment that begins on the first day of commitment 1,782
and ends on the child's twenty-first birthday, if the prescribed 1,783
minimum period of institutionalization or other statutorily 1,785
required period of institutionalization has not expired, and if 1,786
the department of youth services desires to release the child 1,788
from institutional care or institutional care in a secure 1,789
facility, it shall request the court that committed the child for 1,790
an early release from institutional care or institutional care in 1,791
a secure facility.
During the applicable period commencing upon the expiration 1,793
of the first half of that prescribed minimum term or prescribed 1,795
44
period of commitment and ending upon the expiration of the 1,797
required minimum or other period of institutionalization or 1,798
institutionalization in a secure facility, the child or the 1,800
child's parent also may request the court that committed the 1,801
child to grant an early release. Upon the receipt of a request 1,802
from the department, the child, or the child's parent or upon its 1,803
own motion at any time during that period, the court shall 1,804
approve the early release by journal entry, shall schedule a time 1,805
within thirty days after receipt of the request for a hearing on 1,806
whether the child is to be released, or shall reject the request 1,808
by journal entry without conducting a hearing. If the court 1,809
rejects an initial request for early release by the child or the 1,810
child's parents, within the period prescribed in division (C)(1) 1,811
of this section, the child or the child's parent may make one or 1,812
more subsequent requests for early release but may make no more 1,813
than one request for early release during each period of ninety 1,814
days that the child is institutionalized or institutionalized in 1,815
a secure facility after the filing of a prior request for early 1,816
release. Upon the filing of a request for early release 1,817
subsequent to an initial request, the court shall either approve 1,818
or disapprove the early release by journal entry or schedule a 1,819
time within thirty days after receipt of the request for a 1,820
hearing on whether the child is to be released. 1,821
(2) If a court schedules a hearing under division (C)(1) 1,824
of this section to determine whether a child committed to the 1,825
department should be granted an early release, it THE COURT SHALL 1,826
GIVE NOTICE OF THE HEARING TO THE PROSECUTOR INVOLVED IN THE 1,827
CASE. IN ACCORDANCE WITH SECTION 2930.16 OF THE REVISED CODE AND 1,829
IF THE VICTIM HAS REQUESTED NOTIFICATION, THE PROSECUTOR SHALL 1,830
GIVE NOTICE OF THE HEARING TO THE VICTIM OF THE DELINQUENT ACT 1,831
FOR WHICH THE CHILD'S COMMITMENT TO THE LEGAL CUSTODY OF THE 1,832
DEPARTMENT WAS IMPOSED. THE COURT may order the department to 1,833
deliver the child to the court on the date set for the hearing 1,834
and shall order the department to present to the court at that 1,835
45
time a treatment plan for the child's post-institutional care. 1,836
The court may conduct the hearing without the child being 1,837
present. THE COURT SHALL CONSIDER ANY STATEMENT OF A VICTIM MADE 1,838
PURSUANT TO SECTION 2930.14 OR 2930.17 OF THE REVISED CODE AND 1,841
ANY VICTIM IMPACT STATEMENT PREPARED PURSUANT TO SECTION 2151.355 1,842
OF THE REVISED CODE. The court shall determine at the hearing 1,845
whether the child should be granted an early release from 1,847
institutionalization or institutionalization in a secure
facility. AFTER MAKING A DETERMINATION, THE COURT SHALL NOTIFY 1,848
THE VICTIM OF THE DETERMINATION IN ACCORDANCE WITH SECTIONS 1,849
2930.03 AND 2930.16 OF THE REVISED CODE. If the court approves 1,851
the early release, the department shall prepare a written 1,852
treatment and rehabilitation plan for the child pursuant to 1,853
division (E) of this section that shall include the terms and 1,855
conditions of the child's release. It shall send the committing 1,856
court and the juvenile court of the county in which the child is 1,857
placed a copy of the plan and the terms and conditions that it 1,858
fixed. The court of the county in which the child is placed may 1,859
adopt the terms and conditions set by the department as an order 1,860
of the court and may add any additional consistent terms and 1,862
conditions it considers appropriate, provided that the court may 1,863
not add any term or condition that decreases the level or degree 1,864
of supervision specified by the department in its plan, that 1,865
substantially increases the financial burden of supervision that 1,866
will be experienced by the department, or that alters the 1,867
placement specified by the department in its plan. If the court 1,868
of the county in which the child is placed adds to the 1,869
department's plan any additional terms and conditions, it shall 1,870
enter those additional terms and conditions in its journal and 1,871
shall send to the department a copy of the journal entry of the 1,872
additional terms and conditions. 1,873
(3) If the court approves or grants an early release for a 1,876
child under division (C)(1) or (2) of this section, the actual 1,878
date on which the department of youth services shall release the 1,879
46
child from institutional care or institutional care in a secure 1,880
facility is contingent upon the department finding a suitable 1,881
placement for the child. If the child is to be returned to the 1,882
child's home, the department shall return the child to the home 1,883
on the date that the court schedules for the child's release or 1,884
shall bear the expense of any additional time that the child 1,885
remains in institutional care or institutional care in a secure 1,886
facility. If the child is unable to return to the child's home, 1,887
the department shall exercise reasonable diligence in finding a 1,888
suitable placement for the child, and the child shall remain in 1,889
institutional care or institutional care in a secure facility 1,890
while the department finds the suitable placement. 1,891
(D) If a child is released under division (B) or (C) of 1,894
this section and the court of the county in which the child is 1,895
placed has reason to believe that the child's deportment is not 1,896
in accordance with the post-release terms and conditions of the 1,898
child's judicial release or early release, the court of the 1,899
county in which the child is placed shall schedule a time for a 1,900
hearing to determine whether the child violated any of the 1,902
post-release terms and conditions, and, if the child was released 1,903
under division (C) of this section, divisions (A) to (E) of 1,904
section 5139.52 of the Revised Code apply regarding the child. 1,905
If that court determines at the hearing that the child violated 1,907
any of the post-release terms and conditions, the court, if it 1,908
determines that the violation of the terms and conditions was a 1,910
serious violation, may order the child to be returned to the 1,911
department for institutionalization or institutionalization in a 1,912
secure facility, consistent with the original order of commitment 1,913
of the child, or in any case may make any other disposition of 1,914
the child authorized by law that the court considers proper. If 1,915
the court of the county in which the child is placed orders the 1,916
child to be returned to a department of youth services 1,917
institution, the time during which the child was 1,918
institutionalized or institutionalized in a secure facility prior 1,919
47
to the child's judicial release or early release shall be 1,921
considered as time served in fulfilling the prescribed minimum 1,922
period or prescribed period of institutionalization or
institutionalization in a secure facility that is applicable to 1,924
the child under the child's original order of commitment. If the 1,925
court orders the child returned to a department of youth services 1,926
institution, the child shall remain in institutional care for a 1,927
minimum period of three months or until the child successfully 1,928
completes a revocation program of a duration of not less than 1,930
thirty days operated either by the department or by an entity 1,931
with whom the department has contracted to provide a revocation 1,933
program.
(E) The department of youth services, prior to the release 1,935
of a child pursuant to division (C) of this section, shall do all 1,937
of the following:
(1) After reviewing the child's rehabilitative progress 1,939
history and medical and educational records, prepare a written 1,940
treatment and rehabilitation plan for the child that shall 1,941
include terms and conditions of the release; 1,942
(2) Completely discuss the terms and conditions of the 1,944
plan prepared pursuant to division (E)(1) of this section and the 1,946
possible penalties for violation of the plan with the child and 1,947
the child's parents, guardian, or legal custodian; 1,948
(3) Have the plan prepared pursuant to division (E)(1) of 1,951
this section signed by the child, the child's parents, legal 1,952
guardian, or custodian, and any authority or person that is to 1,954
supervise, control, and provide supportive assistance to the 1,955
child at the time of the child's release pursuant to division (C) 1,956
of this section; 1,957
(4) File a copy of the treatment plan prepared pursuant to 1,959
division (E)(1) of this section, prior to the child's release, 1,961
with the committing court and the juvenile court of the county in 1,962
which the child is to be placed. 1,963
(F) The department of youth services shall file a written 1,965
48
progress report with the committing court regarding each child 1,966
released pursuant to division (C) of this section, at least once 1,968
every thirty days unless specifically directed otherwise by the 1,969
court. The report shall indicate the treatment and 1,970
rehabilitative progress of the child and the child's family, if
applicable, and shall include any suggestions and recommendations 1,971
for alteration of the program, custody, living arrangements, or 1,972
treatment. The department shall retain legal custody of a child 1,973
so released until it discharges the child or until the custody is 1,974
terminated as otherwise provided by law. 1,975
(G)(1) As used in division (G)(2) of this section, 1,979
"release authority" and "supervised release" have the same 1,980
meanings as in section 5139.01 of the Revised Code. 1,981
(2) When a child is committed to the legal custody of the 1,983
department of youth services, the court retains jurisdiction to 1,984
perform the functions specified in section 5139.51 of the Revised 1,986
Code with respect to the granting of supervised release by the 1,988
release authority and to perform the functions specified in 1,989
section 5139.52 of the Revised Code with respect to violations of 1,992
the terms and conditions of supervised release granted by the
release authority and to the revocation of supervised release 1,994
granted by the release authority.
Sec. 2930.01. As used in this chapter: 2,003
(A)(1) "Crime" means, subject to division (A)(2) of this 2,006
section, any of the following:
(a)(1) A felony; 2,008
(b)(2) A violation of section 2903.05, 2903.07, 2903.13, 2,010
2903.21, 2903.211, 2903.22, 2907.06, 2919.25, or 2921.04 of the 2,012
Revised Code or a violation of a substantially equivalent 2,013
municipal ordinance. 2,014
(2) "Crime" does not mean an act for which an adjudication 2,017
hearing is or may be held in a juvenile court.
(B) "Custodial agency" means the ONE OF THE FOLLOWING: 2,019
(1) THE entity that has custody of a defendant OR AN 2,022
49
ALLEGED JUVENILE OFFENDER who is incarcerated for a crime, IS 2,023
UNDER DETENTION FOR THE COMMISSION OF A SPECIFIED DELINQUENT ACT, 2,024
or who is detained after a finding of incompetence to stand trial 2,025
or not guilty by reason of insanity relative to a crime, 2,026
including any of the following: 2,027
(1)(a) The department of rehabilitation and correction or 2,029
the adult parole authority; 2,031
(2)(b) A county sheriff; 2,033
(3)(c) The entity that administers a jail, as defined in 2,035
section 2929.01 of the Revised Code; 2,037
(4)(d) The entity that administers a community-based 2,039
correctional facility and program or a district community-based 2,041
correctional facility and program; 2,042
(5)(e) The department of mental health or other entity to 2,046
which a defendant found incompetent to stand trial or not guilty 2,047
by reason of insanity is committed.
(2) THE ENTITY THAT HAS CUSTODY OF AN ALLEGED JUVENILE 2,049
OFFENDER PURSUANT TO AN ORDER OF DISPOSITION OF A JUVENILE COURT, 2,050
INCLUDING THE DEPARTMENT OF YOUTH SERVICES OR A SCHOOL, CAMP, 2,051
INSTITUTION, OR OTHER FACILITY OPERATED FOR THE CARE OF 2,052
DELINQUENT CHILDREN. 2,053
(C) "Defendant" means a person who is alleged to be the 2,055
perpetrator of a crime in a police report or in a complaint, 2,057
indictment, or information that charges the commission of a crime 2,058
and that provides the basis for the criminal prosecution and 2,059
subsequent proceedings to which this chapter makes reference. 2,060
(D) "Member of the victim's family" means a spouse, child, 2,062
stepchild, sibling, parent, stepparent, grandparent, or other 2,063
relative of a victim but does not include a person who is charged 2,065
with or, convicted of, OR ADJUDICATED TO BE A DELINQUENT CHILD 2,066
FOR the crime OR SPECIFIED DELINQUENT ACT against the victim or 2,068
another crime OR SPECIFIED DELINQUENT ACT arising from the same
conduct, criminal episode, or plan. 2,070
(E) "Prosecutor" MEANS ONE OF THE FOLLOWING: 2,072
50
(1) WITH RESPECT TO A CRIMINAL CASE, IT has the same 2,074
meaning as in section 2935.01 of the Revised Code and also 2,076
includes the attorney general and, when appropriate, the 2,077
employees of any person listed in section 2935.01 of the Revised 2,078
Code or of the attorney general. 2,079
(2) WITH RESPECT TO A DELINQUENCY PROCEEDING, IT INCLUDES 2,081
ANY PERSON LISTED IN DIVISION (C) OF SECTION 2935.01 OF THE 2,083
REVISED CODE OR AN EMPLOYEE OF A PERSON LISTED IN THAT DIVISION 2,084
WHO PROSECUTES A DELINQUENCY PROCEEDING. 2,085
(F) "Public agency" means an office, agency, department, 2,087
bureau, or other governmental entity of the state or of a 2,089
political subdivision of the state.
(G) "Public official" has the same meaning as in section 2,091
2921.01 of the Revised Code. 2,092
(H) "Victim" means a person who is identified as the 2,094
victim of a crime OR SPECIFIED DELINQUENT ACT in a police report 2,095
or in a complaint, indictment, or information that charges the 2,097
commission of a crime and that provides the basis for the 2,098
criminal prosecution OR DELINQUENCY PROCEEDING and subsequent 2,099
proceedings to which this chapter makes reference. 2,101
(I) "Victim's representative" means a member of the 2,103
victim's family or another person who pursuant to the authority 2,104
of section 2930.02 of the Revised Code exercises the rights of a 2,105
victim under this chapter.
(J) "COURT" MEANS A COURT OF COMMON PLEAS, JUVENILE COURT, 2,107
MUNICIPAL COURT, OR COUNTY COURT. 2,108
(K) "DELINQUENCY PROCEEDING" MEANS ALL PROCEEDINGS IN A 2,110
JUVENILE COURT THAT ARE RELATED TO A CASE IN WHICH A COMPLAINT 2,111
HAS BEEN FILED ALLEGING THAT A CHILD IS A DELINQUENT CHILD. 2,112
(L) "CASE" MEANS A DELINQUENCY PROCEEDING AND ALL RELATED 2,114
ACTIVITY OR A CRIMINAL PROSECUTION AND ALL RELATED ACTIVITY. 2,115
(M) THE "DEFENSE" MEANS THE DEFENSE AGAINST CRIMINAL 2,117
CHARGES IN A CRIMINAL PROSECUTION OR THE DEFENSE AGAINST A 2,118
DELINQUENT CHILD COMPLAINT IN A DELINQUENCY PROCEEDING. 2,119
51
(N) THE "PROSECUTION" MEANS THE PROSECUTION OF CRIMINAL 2,121
CHARGES IN A CRIMINAL PROSECUTION OR THE PROSECUTION OF A 2,122
DELINQUENT CHILD COMPLAINT IN A DELINQUENCY PROCEEDING. 2,123
(O) "SPECIFIED DELINQUENT ACT" MEANS ANY OF THE FOLLOWING: 2,125
(1) AN ACT COMMITTED BY A CHILD THAT IF COMMITTED BY AN 2,127
ADULT WOULD BE A FELONY; 2,128
(2) AN ACT COMMITTED BY A CHILD THAT IS A VIOLATION OF A 2,130
SECTION LISTED IN DIVISION (A)(1) OR (2) OF THIS SECTION OR IS A 2,131
VIOLATION OF A SUBSTANTIALLY EQUIVALENT MUNICIPAL ORDINANCE. 2,132
(P)(1) "ALLEGED JUVENILE OFFENDER" MEANS A CHILD WHO IS 2,134
ALLEGED TO HAVE COMMITTED A SPECIFIED DELINQUENT ACT IN A POLICE 2,135
REPORT OR IN A COMPLAINT IN JUVENILE COURT THAT CHARGES THE 2,137
COMMISSION OF A SPECIFIED DELINQUENT ACT AND THAT PROVIDES THE 2,138
BASIS FOR THE DELINQUENCY PROCEEDING AND ALL SUBSEQUENT 2,139
PROCEEDINGS TO WHICH THIS CHAPTER MAKES REFERENCE.
(2) AS USED IN DIVISIONS (O) AND (P)(1) OF THIS SECTION, 2,141
"CHILD" HAS THE SAME MEANING AS IN SECTION 2151.011 OF THE 2,143
REVISED CODE. 2,144
Sec. 2930.02. (A) If a victim is a minor or is 2,153
incapacitated, incompetent, or deceased, or if the victim chooses 2,154
to designate another person, a member of a victim's family or 2,155
another person may exercise the rights of the victim under this 2,156
chapter as the victim's representative. 2,157
If more than one person seeks to act as the victim's 2,159
representative for a particular victim, the court in which the 2,161
crime CRIMINAL PROSECUTION OR DELINQUENCY PROCEEDING is
prosecuted HELD shall designate one of those persons as the 2,162
victim's representative. If a victim does not want to have 2,164
anyone act as the victim's representative, the court shall order 2,165
that only the victim may exercise the rights of a victim under 2,166
this chapter.
(B) If pursuant to division (A) of this section a victim's 2,168
representative is to exercise the rights of a victim, the victim 2,170
or victim's representative shall notify the prosecutor OR, IF IT 2,171
52
IS A DELINQUENCY PROCEEDING AND A PROSECUTOR IS NOT INVOLVED IN 2,172
THE CASE, SHALL NOTIFY THE COURT that the victim's representative 2,173
is to act for the victim. When a victim or victim's 2,174
representative has so notified the prosecutor OR THE COURT, all 2,175
notice under this chapter shall be sent only to the victim's 2,177
representative, all rights under this chapter shall be granted 2,178
only to the victim's representative, and all references in this 2,179
chapter to a victim shall be interpreted as being references to 2,180
the victim's representative unless the victim informs the
notifying authority that the victim also wishes to receive the 2,181
notices or exercise the rights. If division (B) of section 2,182
2930.03 of the Revised Code requires a victim to make a request 2,183
in order to receive any notice of a type described in this 2,184
division and if a victim's representative is to exercise the 2,185
rights of the victim, the victim's representative shall make the 2,186
request.
Sec. 2930.05. (A) Within a reasonable period of time 2,195
after the arrest OR DETENTION of a defendant OR AN ALLEGED 2,196
JUVENILE OFFENDER for a crime OR SPECIFIED DELINQUENT ACT, the 2,197
law enforcement agency that investigates the crime OR SPECIFIED 2,199
DELINQUENT ACT shall give the victim of the crime OR SPECIFIED 2,201
DELINQUENT ACT notice of all of the following:
(1) The arrest OR DETENTION; 2,203
(2) The name of the defendant OR ALLEGED JUVENILE 2,205
OFFENDER;
(3) Whether the defendant OR ALLEGED JUVENILE OFFENDER is 2,207
eligible for pretrial release OR FOR RELEASE FROM DETENTION; 2,209
(4) The telephone number of the law enforcement agency; 2,212
(5) The victim's right to telephone the agency to 2,215
ascertain whether the defendant OR ALLEGED JUVENILE OFFENDER has 2,216
been released from custody OR FROM DETENTION. 2,218
(B) If a defendant OR ALLEGED JUVENILE OFFENDER has been 2,220
released from custody on a bond or personal recognizance OR HAS 2,221
BEEN RELEASED FROM DETENTION and the prosecutor in the case has 2,223
53
received the affidavit of a victim stating that the defendant OR 2,224
ALLEGED JUVENILE OFFENDER, or someone acting at the defendant's 2,225
OR ALLEGED JUVENILE OFFENDER'S direction, has committed or 2,226
threatened to commit one or more acts of violence or intimidation 2,227
against the victim, the victim's family, or the victim's 2,228
representative, the prosecutor may file a motion asking the court 2,229
to reconsider the conditions of the bond or personal recognizance 2,231
granted to the defendant OR ALLEGED JUVENILE OFFENDER OR TO
CONSIDER RETURNING THE DEFENDANT OR ALLEGED JUVENILE OFFENDER TO 2,232
DETENTION. 2,233
Sec. 2930.06. (A) The prosecutor in a case, to the extent 2,242
practicable, shall confer with the victim in the case before 2,243
pretrial diversion is granted to the defendant OR ALLEGED 2,244
JUVENILE OFFENDER in the case, before amending or dismissing an 2,246
indictment, information, or complaint against that defendant OR 2,247
ALLEGED JUVENILE OFFENDER, before agreeing to a negotiated plea 2,248
for that defendant OR ALLEGED JUVENILE OFFENDER, or before a 2,250
trial of that defendant by judge or jury, OR BEFORE THE JUVENILE 2,251
COURT CONDUCTS AN ADJUDICATORY HEARING FOR THAT ALLEGED JUVENILE
OFFENDER. IF THE JUVENILE COURT DISPOSES OF A CASE PRIOR TO THE 2,254
PROSECUTOR'S INVOLVEMENT IN THE CASE, THE COURT OR A COURT 2,255
EMPLOYEE SHALL NOTIFY THE VICTIM IN THE CASE THAT THE ALLEGED 2,256
JUVENILE OFFENDER WILL BE GRANTED PRETRIAL DIVERSION, THE 2,257
COMPLAINT AGAINST THAT ALLEGED JUVENILE OFFENDER WILL BE AMENDED 2,258
OR DISMISSED, OR THE COURT WILL CONDUCT AN ADJUDICATORY HEARING 2,260
FOR THAT ALLEGED JUVENILE OFFENDER. If the prosecutor fails to 2,262
confer with the victim at any of those times, the court, if 2,263
informed of the failure, shall note on the record the failure and 2,264
the prosecutor's reasons for the failure. A prosecutor's failure 2,265
to confer with a victim as required by this division does AND A 2,267
COURT'S FAILURE TO PROVIDE THE NOTICE AS REQUIRED BY THIS
DIVISION DO not affect the validity of an agreement between the 2,268
prosecutor and the defendant OR ALLEGED JUVENILE OFFENDER in the 2,270
case, a pretrial diversion of the defendant OR ALLEGED JUVENILE 2,271
54
OFFENDER, an amendment or dismissal of an indictment, 2,272
information, or complaint filed against the defendant OR ALLEGED 2,273
JUVENILE OFFENDER, a plea entered by the defendant OR ALLEGED 2,274
JUVENILE DEFENDER, AN ADMISSION ENTERED BY THE DEFENDANT OR 2,275
ALLEGED JUVENILE OFFENDER, or any other disposition in the case. 2,278
A court shall not dismiss a criminal complaint, charge, 2,279
information, or indictment OR A DELINQUENT CHILD COMPLAINT solely 2,280
at the request of the victim and over the objection of the 2,281
prosecuting attorney, village solicitor, city director of law, or 2,282
other chief legal officer responsible for the prosecution of the 2,283
case.
(B) After a prosecution in a case has been commenced, the 2,285
prosecutor or a designee of the prosecutor other than a court or 2,287
court employee, to the extent practicable, promptly shall give 2,288
the victim all of the following information, EXCEPT THAT, IF THE 2,289
JUVENILE COURT DISPOSES OF A CASE PRIOR TO THE PROSECUTOR'S
INVOLVEMENT IN THE CASE, THE COURT OR A COURT EMPLOYEE, TO THE 2,290
EXTENT PRACTICABLE, PROMPTLY SHALL GIVE THE VICTIM ALL OF THE 2,291
FOLLOWING INFORMATION: 2,292
(1) The name of the offense CRIME OR SPECIFIED DELINQUENT 2,294
ACT with which the defendant OR ALLEGED JUVENILE OFFENDER in the 2,296
case has been charged and the name of the defendant OR ALLEGED
JUVENILE OFFENDER; 2,297
(2) The file number of the case; 2,299
(3) A brief statement regarding the procedural steps in a 2,301
criminal case PROSECUTION OR DELINQUENCY PROCEEDING involving an 2,303
offense A CRIME OR SPECIFIED DELINQUENT ACT similar to the 2,304
offense CRIME OR SPECIFIED DELINQUENT ACT with which the 2,306
defendant OR ALLEGED JUVENILE OFFENDER has been charged and the 2,307
right of the victim to be present during all proceedings held 2,309
throughout the prosecution of a THE case;
(4) A summary of the rights of a victim under this 2,311
chapter; 2,312
(5) Procedures the victim or the prosecutor may follow if 2,314
55
the victim becomes subject to threats or intimidation by the 2,316
defendant, ALLEGED JUVENILE OFFENDER, or any other person; 2,317
(6) The name and business telephone number of a person to 2,319
contact for further information with respect to the case; 2,320
(7) The right of the victim to have a victim's 2,322
representative exercise the victim's rights under this chapter in 2,323
accordance with section 2930.02 of the Revised Code and the 2,324
procedure by which a victim's representative may be designated; 2,325
(8) Notice that any notification under division (C) of 2,328
this section and, sections 2930.07 to 2930.19, AND SECTION 2,329
5139.56 of the Revised Code will be given to the victim only if 2,330
the victim asks to receive the notification. 2,331
(C) Upon the request of the victim, the prosecutor OR, IF 2,333
IT IS A DELINQUENCY PROCEEDING AND A PROSECUTOR IS NOT INVOLVED 2,334
IN THE CASE, THE COURT shall give the victim notice of the date, 2,336
time, and place of any scheduled court CRIMINAL OR JUVENILE 2,337
proceedings in the case and notice of any changes in those 2,339
proceedings or in the schedule in the case.
(D) A victim who requests notice under division (C) of 2,342
this section and who elects pursuant to division (B) of section
2930.03 of the Revised Code to receive any further notice from 2,344
the prosecutor OR, IF IT IS A DELINQUENCY PROCEEDING AND A
PROSECUTOR IS NOT INVOLVED IN THE CASE, THE COURT under this 2,345
chapter shall keep the prosecutor OR THE COURT informed of the 2,346
victim's current address and telephone number until the case is 2,348
dismissed or terminated, the defendant is acquitted or sentenced, 2,349
THE DELINQUENT CHILD COMPLAINT IS DISMISSED, THE DEFENDANT IS 2,350
ADJUDICATED A DELINQUENT CHILD, or the appellate process is 2,351
completed, whichever is the final disposition in the case. 2,352
Sec. 2930.07. (A) If the prosecutor in a case determines 2,361
that there are reasonable grounds for the victim in a case to be 2,362
apprehensive regarding acts or threats of violence or 2,363
intimidation by the defendant OR ALLEGED JUVENILE OFFENDER in the 2,364
case or at the defendant's OR ALLEGED JUVENILE OFFENDER'S 2,366
56
direction against the victim, the victim's family, or the 2,367
victim's representative, the prosecutor may file a motion with 2,368
the court requesting that the court issue an order specifying 2,369
that the victim and other witnesses in the case not be compelled 2,371
in any phase of the criminal OR DELINQUENCY proceeding to give 2,373
testimony that would disclose the victim's or victim's
representative's address, place of employment, or similar 2,375
identifying fact without the victim's or victim's 2,376
representative's consent. The court shall hold a hearing on the 2,377
motion in chambers, and a court reporter shall make a record of 2,379
the proceeding.
(B) If the court, pursuant to division (A) of this 2,381
section, orders that the victim's or victim's representative's 2,382
address, telephone number, place of employment, or other 2,383
identifying fact shall be confidential, the court files or 2,384
documents shall not contain that information unless it is used to
identify the location of the crime OR SPECIFIED DELINQUENT ACT. 2,385
The hearing shall be recorded, and the court shall order the 2,387
transcript sealed.
Sec. 2930.09. A victim in a case may be present whenever 2,396
the defendant OR ALLEGED JUVENILE OFFENDER in the case is present 2,397
during any stage of the case against the defendant OR ALLEGED 2,399
JUVENILE OFFENDER that is conducted on the record, other than a 2,401
grand jury proceeding, unless the court determines that exclusion 2,402
of the victim is necessary to protect the defendant's OR ALLEGED 2,403
JUVENILE OFFENDER'S right to a fair trial OR TO A FAIR 2,404
DELINQUENCY PROCEEDING. At any stage of the case at which the 2,406
victim is present, the court, at the victim's request, shall 2,407
permit the victim to be accompanied by an individual to provide 2,408
support to the victim unless the court determines that exclusion 2,409
of the individual is necessary to protect the defendant's OR 2,410
ALLEGED JUVENILE OFFENDER'S right to a fair trial OR TO A FAIR 2,411
DELINQUENCY PROCEEDING.
Sec. 2930.10. (A) The court in which a criminal case 2,420
57
PROSECUTION OR DELINQUENCY PROCEEDING is prosecuted HELD shall 2,422
make a reasonable effort to minimize any contact between the 2,423
victim in the case, members of the victim's family, the victim's 2,424
representative, or witnesses for the prosecution and the 2,425
defendant OR ALLEGED JUVENILE OFFENDER in the case, members of
the defendant's OR ALLEGED JUVENILE OFFENDER'S family, or 2,426
witnesses for the defense before, during, and immediately after 2,427
all court proceedings. 2,428
(B) The court shall provide a waiting area for the victim, 2,430
members of the victim's family, the victim's representative, or 2,431
witnesses for the prosecution that is separate from the waiting 2,432
area provided for the defendant OR ALLEGED JUVENILE OFFENDER, 2,433
members of the defendant's OR ALLEGED JUVENILE OFFENDER'S family, 2,435
and defense witnesses if a separate waiting area is available and 2,437
the use of the area is practical.
Sec. 2930.11. (A) Except as otherwise provided in this 2,447
section or in sections 2933.41 to 2933.43 of the Revised Code,
the law enforcement agency responsible for investigating a crime 2,448
OR SPECIFIED DELINQUENT ACT shall promptly return to the victim 2,451
of the crime OR SPECIFIED DELINQUENT ACT any property of the
victim that was taken in the course of the investigation. In 2,453
accordance with Criminal Rule 26 OR AN APPLICABLE JUVENILE RULE, 2,454
the law enforcement agency may take photographs of the property 2,455
for use as evidence. If the ownership of the property is in 2,456
dispute, the agency shall not return the property until the 2,457
dispute is resolved.
(B) The law enforcement agency responsible for 2,459
investigating a crime OR SPECIFIED DELINQUENT ACT shall retain 2,460
any property of the victim of the crime OR SPECIFIED DELINQUENT 2,462
ACT that is needed as evidence in the case, including any weapon 2,464
used in the commission of the crime OR SPECIFIED DELINQUENT ACT,
if the prosecutor certifies to the court a need to retain the 2,466
property in lieu of a photograph of the property or of another 2,467
evidentiary substitute for the property itself. 2,468
58
(C) If the defendant OR ALLEGED JUVENILE OFFENDER in a 2,470
case files a motion requesting the court to order the law 2,472
enforcement agency to retain property of the victim because the 2,474
property is needed for the defense in the case, the agency shall
retain the property until the court rules on the motion. The 2,475
court, in making a determination on the motion, shall weigh the 2,476
victim's need for the property against the defendant's OR ALLEGED 2,477
JUVENILE OFFENDER'S assertion that the property has evidentiary 2,478
value for the defense. The court shall rule on the motion in a 2,480
timely fashion.
Sec. 2930.12. At the request of the victim in a case 2,490
CRIMINAL PROSECUTION, the prosecutor shall give the victim notice 2,491
of the defendant's acquittal or conviction. AT THE REQUEST OF 2,492
THE VICTIM IN A DELINQUENCY PROCEEDING, THE PROSECUTOR SHALL GIVE 2,494
THE VICTIM NOTICE OF THE DISMISSAL OF THE COMPLAINT AGAINST THE 2,495
ALLEGED JUVENILE OFFENDER OR OF THE ADJUDICATION OF THE ALLEGED 2,496
JUVENILE OFFENDER AS A DELINQUENT CHILD, EXCEPT THAT, IF THE 2,497
JUVENILE COURT DISMISSES THE COMPLAINT AGAINST THE ALLEGED 2,498
JUVENILE OFFENDER OR ADJUDICATES THE ALLEGED JUVENILE OFFENDER A 2,500
DELINQUENT CHILD PRIOR TO THE PROSECUTOR'S INVOLVEMENT IN THE 2,502
CASE, AT THE REQUEST OF THE VICTIM, THE COURT OR A COURT EMPLOYEE 2,503
SHALL GIVE THE VICTIM NOTICE OF THE DISMISSAL OR OF THE 2,504
ADJUDICATION. If the defendant OR ALLEGED JUVENILE OFFENDER is 2,505
convicted OR IS ADJUDICATED A DELINQUENT CHILD, the notice shall 2,508
include all of the following:
(A) The crimes OR SPECIFIED DELINQUENT ACTS of which the 2,510
defendant was convicted OR FOR WHICH THE ALLEGED JUVENILE 2,512
OFFENDER WAS ADJUDICATED A DELINQUENT CHILD;
(B) The address and telephone number of the probation 2,514
office or other person, if any, that is to prepare a presentence 2,516
investigation report pursuant to section 2951.03 of the Revised 2,517
Code or Criminal Rule 32.2, THE ADDRESS AND TELEPHONE NUMBER OF 2,519
THE PERSON, IF ANY, WHO IS TO PREPARE A DISPOSITION INVESTIGATION 2,520
REPORT PURSUANT TO SECTION 2151.355 OF THE REVISED CODE, and the 2,521
59
address and telephone number of the person, if any, who is to 2,522
prepare a victim impact statement pursuant to DIVISION (H) OF 2,523
SECTION 2151.355 OR section 2947.051 of the Revised Code; 2,526
(C) Notice that the victim may make a statement about the 2,528
impact of the offense CRIME OR SPECIFIED DELINQUENT ACT to the 2,529
probation officer or other person, if any, who prepares the 2,531
presentence investigation report or to the person, if any, who 2,533
prepares a victim impact statement, that a statement of the 2,534
victim included in the report will be made available to the 2,536
defendant OR ALLEGED JUVENILE OFFENDER unless the court exempts 2,537
it from disclosure, and that the court may make the victim impact 2,538
statement available to the defendant OR ALLEGED JUVENILE 2,539
OFFENDER;
(D) Notice of the victim's right under section 2930.14 of 2,542
the Revised Code to make a statement about the impact of the 2,543
offense CRIME OR SPECIFIED DELINQUENT ACT before sentencing OR 2,544
DISPOSITION; 2,545
(E) The date, time, and place of the sentencing hearing OR 2,547
DISPOSITIONAL HEARING; 2,548
(F) ONE OF THE FOLLOWING: 2,550
(1) Any sentence imposed upon the defendant and any 2,552
subsequent modification of that sentence, including modification 2,554
under section 2929.20 of the Revised Code or as a result of the 2,555
defendant's appeal of the sentence pursuant to section 2953.08 of 2,556
the Revised Code;
(2) ANY DISPOSITION ORDERED FOR THE DEFENDANT AND ANY 2,558
SUBSEQUENT MODIFICATION OF THAT DISPOSITION, INCLUDING JUDICIAL 2,560
RELEASE OR EARLY RELEASE IN ACCORDANCE WITH SECTION 2151.38 OF 2,561
THE REVISED CODE. 2,563
Sec. 2930.13. (A) If the court orders the preparation of 2,572
a victim impact statement pursuant to section 2151.355 OR 2,573
2947.051 of the Revised Code, the victim in the case may make a 2,575
written or oral statement regarding the impact of the offense 2,576
CRIME OR SPECIFIED DELINQUENT ACT to the person whom the court 2,579
60
orders to prepare the victim impact statement. A statement made 2,580
by the victim under this section shall be included in the victim 2,581
impact statement.
(B) If a probation officer or other person is preparing a 2,583
presentence investigation report pursuant to section 2947.06 or 2,584
2951.03 of the Revised Code or Criminal Rule 32.2, OR A 2,585
DISPOSITION INVESTIGATION REPORT PURSUANT TO SECTION 2151.355 OF 2,586
THE REVISED CODE, concerning the defendant OR ALLEGED JUVENILE 2,588
OFFENDER in the case, the victim may make a written or oral 2,589
statement regarding the impact of the offense CRIME OR SPECIFIED 2,590
DELINQUENT ACT to the probation officer or other person. The 2,592
probation officer or other person shall use the statement in 2,593
preparing the presentence investigation report OR DISPOSITION 2,594
INVESTIGATION REPORT and, upon the victim's request, shall 2,596
include a written statement submitted by the victim in the 2,597
presentence investigation report OR DISPOSITION INVESTIGATION 2,598
REPORT.
(C) A statement made by the victim under division (A) or 2,600
(B) of this section may include the following: 2,601
(1) An explanation of the nature and extent of any 2,603
physical, psychological, or emotional harm suffered by the victim 2,604
as a result of the crime OR SPECIFIED DELINQUENT ACT that is the 2,605
basis of the case; 2,606
(2) An explanation of the extent of any property damage or 2,608
other economic loss suffered by the victim as a result of that 2,610
crime OR SPECIFIED DELINQUENT ACT;
(3) An opinion regarding the extent to which, if any, the 2,612
victim needs restitution for harm caused by the defendant OR 2,613
ALLEGED JUVENILE OFFENDER as a result of that crime OR SPECIFIED 2,615
DELINQUENT ACT and information about whether the victim has 2,616
applied for or received any compensation for loss or damage 2,617
caused by that crime OR SPECIFIED DELINQUENT ACT; 2,618
(4) The victim's recommendation for an appropriate 2,620
sanction OR DISPOSITION for the defendant OR ALLEGED JUVENILE 2,621
61
OFFENDER regarding that crime OR SPECIFIED DELINQUENT ACT. 2,622
(D) If a statement made by a victim under division (A) of 2,625
this section is included in a victim impact statement, the 2,626
provision, receipt, and retention of copies of, the use of, and 2,627
the confidentiality, nonpublic record character, and sealing of 2,628
the victim impact statement is governed by DIVISION (H) OF 2,629
SECTION 2151.355 OR BY division (C) of section 2947.051 of the 2,630
Revised Code, AS APPROPRIATE. If a statement made by a victim 2,632
under division (B) of this section is included in a presentence
investigation report prepared pursuant to section 2947.06 or 2,633
2951.03 of the Revised Code or Criminal Rule 32.2 OR IN A 2,635
DISPOSITION INVESTIGATION REPORT PURSUANT TO SECTION 2151.355 OF 2,636
THE REVISED CODE, the provision, receipt, and retention of copies 2,638
of, the use of, and the confidentiality, nonpublic record 2,639
character, and sealing of the presentence investigation report OR 2,640
DISPOSITION INVESTIGATION REPORT that contains the victim's 2,641
statement is governed by section 2951.03 of the Revised Code. 2,642
Sec. 2930.14. (A) Before imposing sentence upon, OR 2,651
ENTERING AN ORDER OF DISPOSITION FOR, a defendant OR ALLEGED 2,652
JUVENILE OFFENDER for the commission of a crime OR SPECIFIED 2,654
DELINQUENT ACT, the court shall permit the victim of the crime OR 2,656
SPECIFIED DELINQUENT ACT to make a statement. The court may give 2,657
copies of any written statement made by a victim to the defendant 2,658
OR ALLEGED JUVENILE OFFENDER and defendant's OR ALLEGED JUVENILE 2,660
OFFENDER'S counsel and may give any written statement made by the 2,661
defendant OR ALLEGED JUVENILE OFFENDER to the victim and the 2,662
prosecutor. The court may redact any information contained in a 2,663
written statement that the court determines is not relevant to
and will not be relied upon in the sentencing OR DISPOSITION 2,664
decision. The written statement of the victim or of the 2,666
defendant OR ALLEGED JUVENILE OFFENDER is confidential and is not 2,667
a public record as used in section 149.43 of the Revised Code. 2,668
Any person to whom a copy of a written statement was released by 2,669
the court shall return it to the court immediately following 2,670
62
sentencing OR DISPOSITION.
(B) The court shall consider a victim's statement made 2,672
under division (A) of this section along with other factors that 2,674
the court is required to consider in imposing sentence OR IN 2,675
DETERMINING THE ORDER OF DISPOSITION. If the statement includes 2,676
new material facts, the court shall not rely on the new material 2,678
facts unless it continues the sentencing OR DISPOSITIONAL 2,679
proceeding or takes other appropriate action to allow the 2,681
defendant OR ALLEGED JUVENILE OFFENDER an adequate opportunity to 2,682
respond to the new material facts. 2,683
Sec. 2930.15. (A) If a defendant is convicted of 2,692
committing a crime against a victim OR AN ALLEGED JUVENILE 2,693
OFFENDER IS ADJUDICATED A DELINQUENT CHILD FOR COMMITTING A 2,695
SPECIFIED DELINQUENT ACT AGAINST A VICTIM, if the victim requests 2,696
notice of the filing of an appeal, and if the defendant OR 2,697
ALLEGED JUVENILE OFFENDER files an appeal, the prosecutor in the 2,699
case promptly shall notify the victim of the appeal. The 2,700
prosecutor also shall give the victim all of the following 2,701
information:
(1) A brief explanation of the appellate process, 2,703
including the possible disposition of the case; 2,704
(2) Whether the defendant OR ALLEGED JUVENILE OFFENDER has 2,706
been released on bail or other recognizance OR UNDER CONDITIONS 2,708
IMPOSED BY THE JUVENILE COURT pending the disposition of the 2,709
appeal;
(3) The time, place, and location of appellate court 2,711
proceedings and any subsequent changes in the time, place, or 2,712
location of those proceedings;
(4) The result of the appeal. 2,714
(B) If the appellate court returns the defendant's OR 2,717
ALLEGED JUVENILE OFFENDER'S case to the trial court OR JUVENILE 2,718
COURT for further proceedings, the victim may exercise all the 2,719
rights that previously were available to the victim in the trial 2,721
court OR THE JUVENILE COURT.
63
Sec. 2930.16. (A) If a defendant is incarcerated, a 2,731
victim in a case who has requested to receive notice under this
section shall be given notice of the incarceration of the 2,732
defendant. IF AN ALLEGED JUVENILE OFFENDER IS COMMITTED TO THE 2,734
TEMPORARY CUSTODY OF A SCHOOL, CAMP, INSTITUTION, OR OTHER 2,735
FACILITY OPERATED FOR THE CARE OF DELINQUENT CHILDREN OR TO THE 2,736
LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES, A VICTIM IN A 2,737
CASE WHO HAS REQUESTED TO RECEIVE NOTICE UNDER THIS SECTION SHALL 2,738
BE GIVEN NOTICE OF THE COMMITMENT. Promptly after sentence is 2,740
imposed upon the defendant OR THE COMMITMENT OF THE ALLEGED
JUVENILE OFFENDER IS ORDERED, the prosecutor in the case shall 2,743
notify the victim of the date on which the defendant will be 2,744
released from confinement or the prosecutor's reasonable estimate 2,746
of that date OR THE DATE ON WHICH THE ALLEGED JUVENILE OFFENDER
WILL HAVE SERVED THE MINIMUM PERIOD OF COMMITMENT OR THE 2,748
PROSECUTOR'S REASONABLE ESTIMATE OF THAT DATE. The prosecutor 2,749
also shall notify the victim of the name of the custodial agency 2,750
of the defendant OR ALLEGED JUVENILE OFFENDER and tell the victim 2,752
how to contact that custodial agency. IF THE CUSTODIAL AGENCY IS 2,753
THE DEPARTMENT OF YOUTH SERVICES, THE PROSECUTOR SHALL NOTIFY THE 2,754
VICTIM OF THE SERVICES PROVIDED BY THE OFFICE OF VICTIMS' 2,755
SERVICES WITHIN THE RELEASE AUTHORITY OF THE DEPARTMENT PURSUANT 2,756
TO SECTION 5139.55 OF THE REVISED CODE AND THE VICTIM'S RIGHT 2,758
PURSUANT TO SECTION 5139.56 OF THE REVISED CODE TO SUBMIT A 2,761
WRITTEN REQUEST TO THE RELEASE AUTHORITY TO BE NOTIFIED OF 2,762
ACTIONS THE RELEASE AUTHORITY TAKES WITH RESPECT TO THE ALLEGED 2,763
JUVENILE OFFENDER. The victim shall keep the custodial agency 2,765
informed of the victim's current address and telephone number. 2,766
(B)(1) Upon the victim's request, the prosecutor promptly 2,768
shall notify the victim of any hearing for judicial release of 2,770
the defendant pursuant to section 2929.20 of the Revised Code OR 2,771
OF ANY HEARING FOR JUDICIAL RELEASE OR EARLY RELEASE OF THE 2,772
ALLEGED JUVENILE OFFENDER PURSUANT TO SECTION 2151.38 OF THE 2,774
REVISED CODE and of the victim's right to make a statement under 2,775
64
that section THOSE SECTIONS. The court shall notify the victim 2,776
of its ruling in each of those hearings and on each of those 2,777
applications. 2,778
(2) Upon the request of a victim of a crime that is a 2,780
sexually violent offense and that is committed by a sexually 2,781
violent predator who is sentenced to a prison term pursuant to 2,782
division (A)(3) of section 2971.03 of the Revised Code, the 2,783
prosecutor promptly shall notify the victim of any hearing to be 2,784
conducted pursuant to section 2971.05 of the Revised Code to 2,785
determine whether to modify the requirement that the offender 2,786
serve the entire prison term in a state correctional facility in 2,787
accordance with division (C) of that section, whether to 2,789
continue, revise, or revoke any existing modification of that 2,790
requirement, or whether to terminate the prison term in
accordance with division (D) of that section. The court shall 2,792
notify the victim of any order issued at the conclusion of the 2,793
hearing. As used in this division, "sexually violent offense" 2,795
and "sexually violent predator" have the same meanings as in 2,796
section 2971.01 of the Revised Code.
(C) Upon the victim's request made at any time before the 2,798
particular notice would be due, the custodial agency of a 2,799
defendant OR ALLEGED JUVENILE OFFENDER shall give the victim any 2,800
of the following notices that is applicable: 2,801
(1) At least three weeks before the adult parole authority 2,803
recommends a pardon or commutation of sentence for the defendant 2,805
or at least three weeks prior to a hearing before the adult 2,806
parole authority regarding a grant of parole to the defendant, 2,807
notice of the victim's right to submit a statement regarding the 2,808
impact of the defendant's release in accordance with section 2,809
2967.12 of the Revised Code and, if applicable, of the victim's 2,810
right to appear at a full board hearing of the parole board to
give testimony as authorized by section 5149.101 of the Revised 2,811
Code;
(2) At least three weeks before the defendant is 2,813
65
transferred to transitional control under section 2967.26 of the 2,816
Revised Code, notice of the pendency of the transfer and of the 2,819
victim's right under that section to submit a statement regarding 2,820
the impact of the transfer;
(3) AT LEAST THIRTY DAYS BEFORE THE RELEASE AUTHORITY OF 2,822
THE DEPARTMENT OF YOUTH SERVICES HOLDS A RELEASE REVIEW, RELEASE 2,823
HEARING, OR DISCHARGE REVIEW FOR THE ALLEGED JUVENILE OFFENDER, 2,824
NOTICE OF THE PENDENCY OF THE REVIEW OR HEARING, OF THE VICTIM'S 2,825
RIGHT TO MAKE AN ORAL OR WRITTEN STATEMENT REGARDING THE IMPACT 2,826
OF THE CRIME UPON THE VICTIM OR REGARDING THE POSSIBLE RELEASE OR 2,827
DISCHARGE, AND, IF THE NOTICE PERTAINS TO A HEARING, OF THE 2,828
VICTIM'S RIGHT TO ATTEND AND MAKE STATEMENTS OR COMMENTS AT THE 2,829
HEARING AS AUTHORIZED BY SECTION 5139.56 OF THE REVISED CODE; 2,832
(4) Prompt notice of the defendant's OR ALLEGED JUVENILE 2,834
OFFENDER'S escape from a facility of the custodial agency in 2,836
which the defendant was incarcerated OR IN WHICH THE ALLEGED 2,837
JUVENILE OFFENDER WAS PLACED AFTER COMMITMENT, of the defendant's 2,839
OR ALLEGED JUVENILE OFFENDER'S absence without leave from a 2,840
mental health or mental retardation and developmental 2,842
disabilities facility or from other custody, and of the capture 2,843
of the defendant OR ALLEGED JUVENILE OFFENDER after an escape or 2,845
absence;
(4)(5) Notice of the defendant's OR ALLEGED JUVENILE 2,847
OFFENDER'S death while in CONFINEMENT OR custody; 2,849
(5)(6) Notice of the defendant's OR ALLEGED JUVENILE 2,851
OFFENDER'S release from confinement OR CUSTODY and the terms and 2,854
conditions of the release. 2,855
Sec. 2930.17. (A) In determining whether to grant a 2,864
judicial release to a defendant from a prison term pursuant to 2,865
section 2929.20 of the Revised Code at a time before the 2,866
defendant's stated prison term expires OR IN DETERMINING WHETHER 2,868
TO GRANT A JUDICIAL RELEASE OR EARLY RELEASE TO AN ALLEGED 2,869
JUVENILE OFFENDER FROM A COMMITMENT TO THE DEPARTMENT OF YOUTH 2,871
SERVICES PURSUANT TO SECTION 2151.38 OF THE REVISED CODE, the 2,872
66
court shall permit a victim of a crime OR SPECIFIED DELINQUENT 2,873
ACT for which the defendant OR ALLEGED JUVENILE OFFENDER was 2,874
incarcerated OR COMMITTED to make a statement, in addition to any 2,876
other statement made under this chapter, concerning the effects 2,877
of that crime OR SPECIFIED DELINQUENT ACT on the victim, the 2,878
circumstances surrounding the crime OR SPECIFIED DELINQUENT ACT, 2,879
the manner in which the crime OR SPECIFIED DELINQUENT ACT was 2,880
perpetrated, and the victim's opinion whether the defendant OR 2,882
ALLEGED JUVENILE OFFENDER should be released. The victim may 2,883
make the statement in writing or orally, at the court's 2,884
discretion. The court shall give the defendant OR ALLEGED 2,885
JUVENILE OFFENDER and EITHER the adult parole authority OR THE 2,888
DEPARTMENT OF YOUTH SERVICES, WHICHEVER IS APPLICABLE, a copy of 2,889
any written impact statement made by the victim under this 2,890
division.
(B) In deciding whether to grant a judicial release OR 2,892
EARLY RELEASE to the defendant OR ALLEGED JUVENILE OFFENDER, the 2,894
court shall consider a statement made by the victim under 2,895
division (A) of this section or section 2930.14 or 2947.051 of 2,896
the Revised Code. 2,897
Sec. 2930.18. No employer of a victim shall discharge, 2,906
discipline, or otherwise retaliate against the victim, a member 2,907
of the victim's family, or a victim's representative for 2,908
participating, at the prosecutor's request, in preparation for a 2,909
criminal justice OR DELINQUENCY proceeding or for attendance, 2,910
pursuant to a subpoena, at a criminal OR DELINQUENCY proceeding 2,912
if the attendance is reasonably necessary to protect the 2,913
interests of the victim. This section generally does not require 2,914
an employer to pay an employee for time lost as a result of 2,915
attendance at a criminal OR DELINQUENCY proceeding. An employer 2,918
who knowingly violates this section is in contempt of court. 2,919
This section does not limit or affect the application to any 2,920
person of section 2151.211, 2939.121, or 2945.451 of the Revised
Code.
67
Sec. 2930.19. (A) In a manner consistent with the duty of 2,929
a prosecutor to represent the interests of the public as a whole, 2,930
a prosecutor shall seek compliance with this chapter on behalf of 2,931
a victim, a member of the victim's family, or the victim's 2,932
representative. 2,933
(B) The failure of a public official or public agency to 2,936
comply with the requirements of this chapter does not give rise 2,937
to a claim for damages against that public official or public 2,938
agency, except that a public agency as an employer may be held 2,939
responsible for a violation of section 2930.18 of the Revised 2,940
Code.
(C) The failure of any person or entity to provide a 2,942
right, privilege, or notice to a victim under this chapter does 2,944
not constitute grounds for declaring a mistrial or new trial, for 2,945
setting aside a conviction or, sentence, ADJUDICATION, OR 2,946
DISPOSITION, or for granting postconviction release to a 2,947
defendant OR ALLEGED JUVENILE OFFENDER. 2,948
(D) If there is a conflict between a provision in this 2,950
chapter and a specific statute governing the procedure in a case 2,952
involving a capital offense, the specific statute supersedes the 2,953
provision in this chapter. 2,954
(E) If the victim of a crime is incarcerated in a state or 2,956
local correctional facility OR IS IN THE LEGAL CUSTODY OF THE 2,957
DEPARTMENT OF YOUTH SERVICES, the victim's rights under this 2,958
chapter may be modified by court order to prevent any security 2,959
risk, hardship, or undue burden upon a public official or public 2,960
agency with a duty under this chapter. 2,961
Section 2. That existing sections 109.42, 109.57, 2151.18, 2,963
2151.31, 2151.355, 2151.38, 2930.01, 2930.02, 2930.05, 2930.06, 2,965
2930.07, 2930.09, 2930.10, 2930.11, 2930.12, 2930.13, 2930.14, 2,966
2930.15, 2930.16, 2930.17, 2930.18, and 2930.19 of the Revised 2,967
Code are hereby repealed.
Section 3. Section 2151.355 of the Revised Code is 2,969
presented in this act as a composite of the section as amended by 2,970
68
both Am. Sub. H.B. 2 and Am. Sub. H.B. 526 of the 122nd General 2,971
Assembly, with the new language of neither of the acts shown in 2,973
capital letters. This is in recognition of the principle stated 2,974
in division (B) of section 1.52 of the Revised Code that such 2,975
amendments are to be harmonized where not substantively 2,976
irreconcilable and constitutes a legislative finding that such is 2,977
the resulting version in effect prior to the effective date of 2,978
this act.