As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 179 5
1999-2000 6
SENATORS LATTA-HOTTINGER-JOHNSON 8
_________________________________________________________________ 10
A B I L L
To amend sections 109.42, 109.54, 109.573, 133.01, 12
2151.01, 2151.011, 2151.022, 2151.07, 2151.08, 13
2151.11, 2151.12, 2151.14, 2151.141, 2151.18, 14
2151.211, 2151.23, 2151.24, 2151.25, 2151.26,
2151.27, 2151.271, 2151.28, 2151.29, 2151.31, 15
2151.311, 2151.312, 2151.313, 2151.314, 2151.315, 16
2151.34, 2151.341, 2151.343, 2151.345, 2151.347, 17
2151.3411, 2151.3412, 2151.3413, 2151.3414,
2151.35, 2151.354, 2151.356, 2151.357, 2151.358, 18
2151.359, 2151.3510, 2151.3511, 2151.3512, 19
2151.36, 2151.38, 2151.411, 2151.62, 2151.65, 20
2151.651, 2151.652, 2151.655, 2151.78, 2151.79,
2151.99, 2153.16, 2301.03, 2701.03, 2744.01, 21
2744.03, 2919.24, 2921.32, 2923.211, 2923.32, 22
2923.33, 2923.34, 2923.36, 2923.44, 2923.45,
2925.42, 2925.43, 2929.01, 2929.12, 2929.23, 23
2930.18, 2938.02, 2941.141, 2941.142, 2941.144, 24
2941.145, 2941.146, 2945.67, 2950.01, 2950.02, 25
2950.03, 2950.04, 2950.05, 2950.06, 2950.07,
2950.08, 2950.09, 2950.10, 2950.11, 2950.12, 26
2950.13, 2950.14, 2950.99, 3301.121, 3313.66, 27
3321.22, 3321.99, 3730.99, 4109.08, 5103.03, 28
5120.16, 5120.172, 5139.01, 5139.04, 5139.05,
5139.06, 5139.07, 5139.10, 5139.11, 5139.18, 29
5139.20, 5139.24, 5139.27, 5139.271, 5139.281, 30
5139.29, 5139.31, 5139.32, 5139.35, 5139.50, 31
5139.51, 5139.52, 5139.53, 5139.54, 5705.01, and
5705.19; to amend, for the purpose of adopting 32
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new section numbers as indicated in parentheses, 33
sections 2151.11 (2152.73), 2151.18 (2152.71), 34
2151.211 (2152.75), 2151.25 (2152.03), 2151.26
(2152.12), 2151.312 (2152.26), 2151.315 35
(2152.74), 2151.34 (2152.41), 2151.341 (2152.42), 36
2151.343 (2152.44), 2151.345 (2152.43), 2151.346 37
(2152.50), 2151.347 (2152.45), 2151.3411
(2152.46), 2151.3412 (2152.47), 2151.3413 38
(2152.48), 2151.3414 (2152.49), 2151.356 39
(2152.21), 2151.359 (2152.61), 2151.3511
(2152.81), and 2151.62 (2152.72); to enact new 40
sections 2151.18 and 2151.312 and sections 41
2152.01, 2152.02, 2152.021, 2152.04, 2152.11, 42
2152.13, 2152.14, 2152.15, 2152.16, 2152.17,
2152.18, 2152.19, 2152.20, 2152.22, and 2152.99; 43
and to repeal sections 2151.02, 2151.021, 44
2151.342, 2151.344, 2151.348, 2151.349,
2151.3410, 2151.3415, 2151.3416, 2151.355, 45
2151.3512, 2151.45, 2151.46, 2151.47, 2151.48, 46
and 2151.51 of the Revised Code to implement the 47
recommendations of the Criminal Sentencing
Commission pertaining to juvenile offender 48
transfers of alleged delinquent children to 49
criminal court for prosecution, dispositions of 50
delinquent children and juvenile traffic
offenders, and other changes to the Juvenile 51
Court Law and the Juvenile Code. 52
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 54
Section 1. That sections 109.42, 109.54, 109.573, 133.01, 56
2151.01, 2151.011, 2151.022, 2151.07, 2151.08, 2151.11, 2151.12, 57
2151.14, 2151.141, 2151.18, 2151.211, 2151.23, 2151.24, 2151.25, 58
2151.26, 2151.27, 2151.271, 2151.28, 2151.29, 2151.31, 2151.311, 59
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2151.312, 2151.313, 2151.314, 2151.315, 2151.34, 2151.341, 60
2151.343, 2151.345, 2151.347, 2151.3411, 2151.3412, 2151.3413, 61
2151.3414, 2151.35, 2151.354, 2151.356, 2151.357, 2151.358, 62
2151.359, 2151.3510, 2151.3511, 2151.3512, 2151.36, 2151.38, 63
2151.411, 2151.62, 2151.65, 2151.651, 2151.652, 2151.655, 64
2151.78, 2151.79, 2151.99, 2153.16, 2301.03, 2701.03, 2744.01, 65
2744.03, 2919.24, 2921.32, 2923.211, 2923.32, 2923.33, 2923.34, 66
2923.36, 2923.44, 2923.45, 2925.42, 2925.43, 2929.01, 2929.12, 67
2929.23, 2930.18, 2938.02, 2941.141, 2941.142, 2941.144, 68
2941.145, 2941.146, 2945.67, 2950.01, 2950.02, 2950.03, 2950.04, 69
2950.05, 2950.06, 2950.07, 2950.08, 2950.09, 2950.10, 2950.11, 70
2950.12, 2950.13, 2950.14, 2950.99, 3301.121, 3313.66, 3321.22, 71
3321.99, 3730.99, 4109.08, 5103.03, 5120.16, 5120.172, 5139.01, 72
5139.04, 5139.05, 5139.06, 5139.07, 5139.10, 5139.11, 5139.18, 73
5139.20, 5139.24, 5139.27, 5139.271, 5139.281, 5139.29, 5139.31, 74
5139.32, 5139.35, 5139.50, 5139.51, 5139.52, 5139.53, 5139.54, 75
5705.01, and 5705.19 be amended; sections 2151.11 (2152.73), 77
2151.18 (2152.71), 2151.211 (2152.75), 2151.25 (2152.03), 2151.26 78
(2152.12), 2151.312 (2152.26), 2151.315 (2152.74), 2151.34 79
(2152.41), 2151.341 (2152.42), 2151.343 (2152.44), 2151.345 80
(2152.43), 2151.346 (2152.50), 2151.347 (2152.45), 2151.3411 81
(2152.46), 2151.3412 (2152.47), 2151.3413 (2152.48), 2151.3414 82
(2152.49), 2151.356 (2152.21), 2151.359 (2152.61), 2151.3511 83
(2152.81), and 2151.62 (2152.72) be amended, for the purpose of 84
adopting new section numbers as indicated in parentheses; and new 85
sections 2151.18 and 2151.312 and sections 2152.01, 2152.02, 87
2152.021, 2152.04, 2152.11, 2152.13, 2152.14, 2152.15, 2152.16, 88
2152.17, 2152.18, 2152.19, 2152.20, 2152.22, and 2152.99 of the 89
Revised Code be enacted to read as follows: 90
Sec. 109.42. (A) The attorney general shall prepare and 97
have printed a pamphlet that contains a compilation of all 98
statutes relative to victim's rights in which the attorney 99
general lists and explains the statutes in the form of a victim's 101
bill of rights. The attorney general shall distribute the 102
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pamphlet to all sheriffs, marshals, municipal corporation and 104
township police departments, constables, and other law 105
enforcement agencies, to all prosecuting attorneys, city 106
directors of law, village solicitors, and other similar chief 107
legal officers of municipal corporations, and to organizations 108
that represent or provide services for victims of crime. The 109
victim's bill of rights set forth in the pamphlet shall contain a 110
description of all of the rights of victims that are provided for 111
in Chapter 2930. or in any other section of the Revised Code and 112
shall include, but not be limited to, all of the following: 113
(1) The right of a victim or a victim's representative to 116
attend a proceeding before a grand jury, in a juvenile case, or 117
in a criminal case pursuant to a subpoena without being 118
discharged from the victim's or representative's employment, 119
having the victim's or representative's employment terminated, 120
having the victim's or representative's pay decreased or 121
withheld, or otherwise being punished, penalized, or threatened 122
as a result of time lost from regular employment because of the 123
victim's or representative's attendance at the proceeding 125
pursuant to the subpoena, as set forth in section 2151.211 126
2152.75, 2930.18, 2939.121, or 2945.451 of the Revised Code; 127
(2) The potential availability pursuant to section 129
2151.411 of the Revised Code of a forfeited recognizance to pay 130
damages caused by a child when the delinquency of the child or 131
child's violation of probation is found to be proximately caused 132
by the failure of the child's parent or guardian to subject the 133
child to reasonable parental authority or to faithfully discharge 134
the conditions of probation; 135
(3) The availability of awards of reparations pursuant to 137
sections 2743.51 to 2743.72 of the Revised Code for injuries 138
caused by criminal offenses; 139
(4) The right of the victim in certain criminal cases or a 141
victim's representative to receive, pursuant to section 2930.06 142
of the Revised Code, notice of the date, time, and place of the 143
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trial in the case or, if there will not be a trial, information 144
from the prosecutor, as defined in section 2930.01 of the Revised 145
Code, regarding the disposition of the case;
(5) The right of the victim in certain criminal cases or a 147
victim's representative to receive, pursuant to section 2930.04, 148
2930.05, or 2930.06 of the Revised Code, notice of the name of 149
the person charged with the violation, the case or docket number 150
assigned to the charge, and a telephone number or numbers that 151
can be called to obtain information about the disposition of the 152
case;
(6) The right of the victim in certain criminal cases or 154
of the victim's representative pursuant to section 2930.13 or 156
2930.14 of the Revised Code, subject to any reasonable terms set 157
by the court as authorized under section 2930.14 of the Revised 158
Code, to make a statement about the victimization and, if 160
applicable, a statement relative to the sentencing of the 161
offender; 162
(7) The opportunity to obtain a court order, pursuant to 164
section 2945.04 of the Revised Code, to prevent or stop the 165
commission of the offense of intimidation of a crime victim or 166
witness or an offense against the person or property of the 167
complainant, or of the complainant's ward or child; 168
(8) The right of the victim in certain criminal cases or a 170
victim's representative pursuant to sections 2929.20, 2930.10, 171
2930.16, and 2930.17 of the Revised Code to receive notice of a 172
pending motion for judicial release of the person who committed 174
the offense against the victim and to make an oral or written
statement at the court hearing on the motion; 175
(9) The right of the victim in certain criminal cases or a 177
victim's representative, pursuant to section 2930.16, 2967.12, or 179
2967.26 of the Revised Code, to receive notice of any pending 180
commutation, pardon, parole, transitional control, other form of 182
authorized release, or post-release control for the person who 183
committed the offense against the victim or any application for
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release of that person and to send a written statement relative 186
to the victimization and the pending action to the adult parole 187
authority;
(10) The right of the victim to bring a civil action 189
pursuant to sections 2969.01 to 2969.06 of the Revised Code to 190
obtain money from the offender's profit fund; 191
(11) The right, pursuant to section 3109.09 of the Revised 194
Code, to maintain a civil action to recover compensatory damages
not exceeding ten thousand dollars and costs from the parent of a 196
minor who willfully damages property through the commission of an 197
act that would be a theft offense, as defined in section 2913.01 198
of the Revised Code, if committed by an adult;
(12) The right, pursuant to section 3109.10 of the Revised 200
Code, to maintain a civil action to recover compensatory damages 201
not exceeding ten thousand dollars and costs from the parent of a 202
minor who willfully and maliciously assaults a person; 203
(13) The possibility of receiving restitution from an 205
offender or a delinquent child pursuant to section 2151.355 206
2152.20, 2929.18, or 2929.21 of the Revised Code; 208
(14) The right of the victim in certain criminal cases or 211
a victim's representative, pursuant to section 2930.16 of the
Revised Code, to receive notice of the escape from confinement or 213
custody of the person who committed the offense, to receive that 214
notice from the custodial agency of the person at the victim's 215
last address or telephone number provided to the custodial 216
agency, and to receive notice that, if either the victim's 217
address or telephone number changes, it is in the victim's 218
interest to provide the new address or telephone number to the 219
custodial agency.; 220
(15) The right of a victim of domestic violence to seek 222
the issuance of a temporary protection order pursuant to section 224
2919.26 of the Revised Code, to seek the issuance of a civil 225
protection order pursuant to section 3113.31 of the Revised Code, 226
and to be accompanied by a victim advocate during court
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proceedings.; 227
(16) The right of a victim of a sexually oriented offense 230
that is committed by a person who is adjudicated as being a 231
sexual predator or, in certain cases, by a person who is 232
determined to be a habitual sex offender to receive, pursuant to 233
section 2950.10 of the Revised Code, notice that the offender 234
PERSON has registered with a sheriff under section 2950.04 or 235
2950.05 of the Revised Code and notice of the offender's PERSON'S 237
name and residence address or addresses, and a summary of the 239
manner in which the victim must make a request to receive the 240
notice. As used in this division, "sexually oriented offense," 241
"adjudicated as being a sexual predator," and "habitual sex 242
offender" have the same meanings as in section 2950.01 of the 243
Revised Code.
(17) The right of a victim of certain sexually violent 245
offenses committed by a sexually violent predator who is 246
sentenced to a prison term pursuant to division (A)(3) of section 248
2971.03 of the Revised Code to receive, pursuant to section 249
2930.16 of the Revised Code, notice of a hearing to determine 250
whether to modify the requirement that the offender serve the 251
entire prison term in a state correctional facility, whether to 252
continue, revise, or revoke any existing modification of that 253
requirement, or whether to terminate the prison term. As used in 254
this division, "sexually violent offense" and "sexually violent 255
predator" have the same meanings as in section 2971.01 of the 256
Revised Code.
(B)(1)(a) Subject to division (B)(1)(c) of this section, a 258
prosecuting attorney, assistant prosecuting attorney, city 260
director of law, assistant director of law, village solicitor, 261
assistant village solicitor, or similar chief legal officer of a 262
municipal corporation or an assistant of any such officer who 263
prosecutes an offense committed in this state, upon first contact 264
with the victim of the offense, the victim's family, or the 265
victim's dependents, shall give the victim, the victim's family, 266
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or the victim's dependents a copy of the pamphlet prepared 267
pursuant to division (A) of this section and explain, upon 268
request, the information in the pamphlet to the victim, the 269
victim's family, or the victim's dependents.
(b) Subject to division (B)(1)(c) of this section, a law 271
enforcement agency that investigates an offense committed in this 274
state shall give the victim of the offense, the victim's family, 275
or the victim's dependents a copy of the pamphlet prepared 277
pursuant to division (A) of this section at one of the following 278
times:
(i) Upon first contact with the victim, the victim's 280
family, or the victim's dependents; 281
(ii) If the offense is an offense of violence, if the 283
circumstances of the offense and the condition of the victim, the 285
victim's family or the victim's dependents indicate that the
victim, the victim's family, or the victim's dependents will not 286
be able to understand the significance of the pamphlet upon first 288
contact with the agency, and if the agency anticipates that it 289
will have an additional contact with the victim, the victim's 290
family, or the victim's dependents, upon the agency's second 291
contact with the victim, the victim's family, or the victim's 292
dependents.
If the agency does not give the victim, the victim's 294
family, or the victim's dependents a copy of the pamphlet upon 295
first contact with them and does not have a second contact with 296
the victim, the victim's family, or the victim's dependents, the 298
agency shall mail a copy of the pamphlet to the victim, the 299
victim's family, or the victim's dependents at their last known 300
address. 301
(c) In complying on and after December 9, 1994, with the 303
duties imposed by division (B)(1)(a) or (b) of this section, an 305
official or a law enforcement agency shall use copies of the 306
pamphlet that are in the official's or agency's possession on 307
December 9, 1994, until the official or agency has distributed 309
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all of those copies. After the official or agency has 310
distributed all of those copies, the official or agency shall use 311
only copies of the pamphlet that contain at least the information 312
described in division (A)(1) to (15) of this section. 313
(2) The failure of a law enforcement agency or of a 315
prosecuting attorney, assistant prosecuting attorney, CITY 316
director of law, assistant CITY director of law, village 317
solicitor, assistant village solicitor, or similar chief legal 318
officer of a municipal corporation or an assistant to any such 319
officer to give, as required by division (B)(1) of this section, 321
the victim of an offense, the victim's family, or the victim's 322
dependents a copy of the pamphlet prepared pursuant to division 323
(A) of this section does not give the victim, the victim's
family, the victim's dependents, or a victim's representative any 326
rights under section 122.95, 2743.51 to 2743.72, 2945.04, 327
2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10 of the Revised 328
Code or under any other provision of the Revised Code and does 329
not affect any right under those sections. 330
(3) A law enforcement agency, a prosecuting attorney or 332
assistant prosecuting attorney, or a CITY director of law, 333
assistant CITY director of law, village solicitor, assistant 335
village solicitor, or similar chief legal officer of a municipal
corporation that distributes a copy of the pamphlet prepared 337
pursuant to division (A) of this section shall not be required to 338
distribute a copy of an information card or other printed 339
material provided by the clerk of the court of claims pursuant to 340
section 2743.71 of the Revised Code.
(C) The cost of printing and distributing the pamphlet 342
prepared pursuant to division (A) of this section shall be paid 343
out of the reparations fund, created pursuant to section 2743.191 344
of the Revised Code, in accordance with division (D) of that 345
section. 346
(D) As used in this section: 348
(1) "Victim's representative" has the same meaning as in 350
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section 2930.01 of the Revised Code; 351
(2) "Victim advocate" has the same meaning as in section 354
2919.26 of the Revised Code.
Sec. 109.54. (A) The bureau of criminal identification 363
and investigation may investigate any criminal activity in this 364
state that is of statewide or intercounty concern when requested 365
by local authorities and may aid federal authorities, when 366
requested, in their investigation of any criminal activity in 367
this state. The bureau may investigate any criminal activity in 368
this state involving drug abuse or illegal drug distribution 369
prohibited under Chapter 3719. or 4729. of the Revised Code. The 370
superintendent and any agent of the bureau may participate, as 371
the director of an organized crime task force established under 372
section 177.02 of the Revised Code or as a member of the 373
investigatory staff of a task force established under that 374
section, in an investigation of organized criminal activity 375
anywhere within this state under sections 177.01 to 177.03 of the 376
Revised Code.
(B) The bureau may provide any trained investigative 378
personnel and specialized equipment that are requested by any 379
sheriff or chief of police, by the authorized designee of any 380
sheriff or chief of police, or by any other authorized law 381
enforcement officer to aid and assist the officer in the 382
investigation and solution of any crime or the control of any 383
criminal activity occurring within the officer's jurisdiction. 384
This assistance shall be furnished by the bureau without 385
disturbing or impairing any of the existing law enforcement 386
authority or the prerogatives of local law enforcement 387
authorities or officers. Investigators provided pursuant to this 388
section, or engaged in an investigation pursuant to section 389
109.83 of the Revised Code, may go armed in the same manner as 390
sheriffs and regularly appointed police officers under section 391
2923.12 of the Revised Code.
(C)(1) The bureau shall obtain recording equipment that 393
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can be used to record depositions of the type described in 394
division (A) of section 2151.3511 2152.81 and division (A) of 395
section 2945.481 of the Revised Code, or testimony of the type 397
described in division (D) of section 2151.3511 2152.81 and 398
division (D) of section 2945.481 or in division (C) of section 400
2937.11 of the Revised Code, shall obtain closed circuit 401
equipment that can be used to televise testimony of the type 402
described in division (C) of section 2151.3511 2152.81 and 403
division (C) of section 2945.481 or in division (B) of section 405
2937.11 of the Revised Code, and shall provide the equipment, 406
upon request, to any court for use in recording any deposition or 407
testimony of one of those types or in televising the testimony in 409
accordance with the applicable division.
(2) The bureau shall obtain the names, addresses, and 411
telephone numbers of persons who are experienced in questioning 412
children in relation to an investigation of a violation of 413
section 2905.03, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 415
2907.06, 2907.07, 2907.09, 2907.21, 2907.23, 2907.24, 2907.31, 416
2907.32, 2907.321, 2907.322, 2907.323, or 2919.22 of the Revised 418
Code or an offense of violence and shall maintain a list of those 419
names, addresses, and telephone numbers. The list shall include 420
a classification of the names, addresses, and telephone numbers 421
by appellate district. Upon request, the bureau shall provide 422
any county sheriff, chief of police, prosecuting attorney, 423
village solicitor, city director of law, or similar chief legal 424
officer with the name, address, and telephone number of any 425
person contained in the list.
Sec. 109.573. (A) As used in this section: 434
(1) "DNA" means human deoxyribonucleic acid. 436
(2) "DNA analysis" means a laboratory analysis of a DNA 438
specimen to identify DNA characteristics and to create a DNA 440
record.
(3) "DNA database" means a collection of DNA records from 443
forensic casework or from crime scenes, specimens from anonymous
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and unidentified sources, and records collected pursuant to 445
sections 2151.315 2152.74 and 2901.07 of the Revised Code and a 447
population statistics database for determining the frequency of 448
occurrence of characteristics in DNA records. 449
(4) "DNA record" means the objective result of a DNA 451
analysis of a DNA specimen, including representations of DNA 453
fragment lengths, digital images of autoradiographs, discrete
allele assignment numbers, and other DNA specimen characteristics 454
that aid in establishing the identity of an individual. 455
(5) "DNA specimen" includes human blood cells or 457
physiological tissues or body fluids. 458
(6) "Unidentified person database" means a collection of 460
DNA records, and, on and after the effective date of this 461
amendment MAY 21, 1998, of fingerprint and photograph records, of 463
unidentified human corpses, human remains, or living individuals.
(7) "Relatives of missing persons database" means a 465
collection of DNA records of persons related by consanguinity of 467
the first degree to a missing person. 468
(8) "Law enforcement agency" means a police department, 470
the office of a sheriff, the state highway patrol, a county 471
prosecuting attorney, or a federal, state, or local governmental 472
body that enforces criminal laws and that has employees who have 473
a statutory power of arrest. 474
(B)(1) The superintendent of the bureau of criminal 476
identification and investigation may do all of the following: 477
(a) Establish and maintain a state DNA laboratory to 480
perform DNA analysis of DNA specimens; 481
(b) Establish and maintain a DNA database; 484
(c) Establish and maintain an unidentified person database 487
to aid in the establishment of the identity of unknown human
corpses, human remains, or living individuals; 488
(d) Establish and maintain a relatives of missing persons 491
database for comparison with the unidentified person database to 492
aid in the establishment of the identity of unknown human 493
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corpses, human remains, and living individuals.
(2) If the bureau of criminal identification and 495
investigation establishes and maintains a DNA laboratory and a 496
DNA database, the bureau may use or disclose information 497
regarding DNA records for the following purposes: 498
(a) The bureau may disclose information to a law 500
enforcement agency for purposes of identification. 501
(b) The bureau shall disclose pursuant to a court order 504
issued under section 3111.09 of the Revised Code any information
necessary to determine the existence of a parent and child 506
relationship in an action brought under sections 3111.01 to
3111.19 of the Revised Code. 507
(c) The bureau may use or disclose information from the 510
population statistics database, for identification research and 511
protocol development, or for quality control purposes.
(3) If the bureau of criminal identification and 513
investigation establishes and maintains a relatives of missing 514
persons database, all of the following apply: 515
(a) If a person has disappeared and has been continuously 518
absent from the person's place of last domicile for a thirty-day 519
or longer period of time without being heard from during the
period, persons related by consanguinity of the first degree to 521
the missing person may submit to the bureau a DNA specimen, the 522
bureau may include the DNA record of the specimen in the 524
relatives of missing persons database, and, if the bureau does 525
not include the DNA record of the specimen in the relatives of 526
missing persons database, the bureau shall retain the DNA record 527
for future reference and inclusion as appropriate in that 528
database.
(b) The bureau shall not charge a fee for the submission 531
of a DNA specimen pursuant to division (B)(3)(a) of this section. 533
(c) A physician, registered nurse, licensed practical 535
nurse, duly licensed clinical laboratory technician, or other 536
qualified medical practitioner shall conduct the collection 537
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procedure for the DNA specimen submitted pursuant to division 538
(B)(3)(a) of this section and shall collect the DNA specimen in a 540
medically approved manner. No later than fifteen days after the 541
date of the collection of the DNA specimen, the person conducting 543
the DNA specimen collection procedure shall cause the DNA 545
specimen to be forwarded to the bureau of criminal identification 547
and investigation in accordance with procedures established by 548
the superintendent of the bureau under division (H) of this 549
section. The bureau may provide the specimen vials, mailing 550
tubes, labels, postage, and instruction needed for the collection 551
and forwarding of the DNA specimen to the bureau. 553
(d) The superintendent, in the superintendent's 555
discretion, may compare DNA records in the relatives of missing 557
persons database with the DNA records in the unidentified person 558
database.
(4) If the bureau of criminal identification and 560
investigation establishes and maintains an unidentified person 561
database and if the superintendent of the bureau identifies a 563
matching DNA record for the DNA record of a person or deceased 564
person whose DNA record is contained in the unidentified person 566
database, the superintendent shall inform the coroner who 567
submitted or the law enforcement agency that submitted the DNA 568
specimen to the bureau of the match and, if possible, of the 569
identity of the unidentified person.
(5) The bureau of criminal identification and 571
investigation may enter into a contract with a qualified public 572
or private laboratory to perform DNA analyses, DNA specimen 573
maintenance, preservation, and storage, DNA record keeping, and 574
other duties required of the bureau under this section. A public 575
or private laboratory under contract with the bureau shall follow 576
quality assurance and privacy requirements established by the 577
superintendent of the bureau.
(C) The superintendent of the bureau of criminal 579
identification and investigation shall establish procedures for 580
15
entering into the DNA database the DNA records submitted pursuant 582
to sections 2151.315 2152.74 and 2901.07 of the Revised Code and 584
for determining an order of priority for entry of the DNA records 586
based on the types of offenses committed by the persons whose 587
records are submitted and the available resources of the bureau.
(D) When a DNA record is derived from a DNA specimen 590
provided pursuant to section 2151.315 2152.74 or 2901.07 of the 591
Revised Code, the bureau of criminal identification and 593
investigation shall attach to the DNA record personal 594
identification information that identifies the person from whom 595
the DNA specimen was taken. The personal identification
information may include the subject person's fingerprints and any 596
other information the bureau determines necessary. The DNA 597
record and personal identification information attached to it 598
shall be used only for the purpose of personal identification or 599
for a purpose specified in this section. 600
(E) DNA records, DNA specimens, fingerprints, and 603
photographs that the bureau of criminal identification and 604
investigation receives pursuant to this section and sections 605
313.08, 2151.315 2152.74, and 2901.07 of the Revised Code and 607
personal identification information attached to a DNA record are 608
not public records under section 149.43 of the Revised Code. 609
(F) The bureau of criminal identification and 611
investigation may charge a reasonable fee for providing 612
information pursuant to this section to any law enforcement 613
agency located in another state. 614
(G)(1) No person who because of the person's employment or 616
official position has access to a DNA specimen, a DNA record, or 617
other information contained in the DNA database that identifies 618
an individual shall knowingly disclose that specimen, record, or 619
information to any person or agency not entitled to receive it or 620
otherwise shall misuse that specimen, record, or information. 621
(2) No person without authorization or privilege to obtain 623
information contained in the DNA database that identifies an 624
16
individual person shall purposely obtain that information. 626
(H) The superintendent of the bureau of criminal 628
identification and investigation shall establish procedures for 629
all of the following: 630
(1) The forwarding to the bureau of DNA specimens 632
collected pursuant to division (H) of this section and sections 633
313.08. 2151.315, 2152.74, and 2901.07 of the Revised Code and of 635
fingerprints and photographs collected pursuant to section 313.08 636
of the Revised Code;
(2) The collection, maintenance, preservation, and 638
analysis of DNA specimens; 639
(3) The creation, maintenance, and operation of the DNA 641
database; 642
(4) The use and dissemination of information from the DNA 644
database; 645
(5) The creation, maintenance, and operation of the 647
unidentified person database; 648
(6) The use and dissemination of information from the 650
unidentified person database; 651
(7) The creation, maintenance, and operation of the 653
relatives of missing persons database; 654
(8) The use and dissemination of information from the 656
relatives of missing persons database; 657
(9) The verification of entities requesting DNA records 659
and other DNA information from the bureau and the authority of 660
the entity to receive the information; 661
(10) The operation of the bureau and responsibilities of 663
employees of the bureau with respect to the activities described 664
in this section. 665
Sec. 133.01. As used in this chapter, in sections 9.95, 674
9.96, and 2151.655 of the Revised Code, in other sections of the 675
Revised Code that make reference to this chapter unless the 676
context does not permit, and in related proceedings, unless 677
otherwise expressly provided: 678
17
(A) "Acquisition" as applied to real or personal property 680
includes, among other forms of acquisition, acquisition by 681
exercise of a purchase option, and acquisition of interests in 682
property, including, without limitation, easements and 683
rights-of-way, and leasehold and other lease interests initially 684
extending or extendable for a period of at least sixty months. 685
(B) "Anticipatory securities" means securities, including 687
notes, issued in anticipation of the issuance of other 688
securities. 689
(C) "Board of elections" means the county board of 691
elections of the county in which the subdivision is located. If 692
the subdivision is located in more than one county, "board of 693
elections" means the county board of elections of the county that 694
contains the largest portion of the population of the subdivision 695
or that otherwise has jurisdiction in practice over and 696
customarily handles election matters relating to the subdivision. 697
(D) "Bond retirement fund" means the bond retirement fund 699
provided for in section 5705.09 of the Revised Code, and also 700
means a sinking fund or any other special fund, regardless of the 701
name applied to it, established by or pursuant to law or the 702
proceedings for the payment of debt charges. Provision may be 703
made in the applicable proceedings for the establishment in a 704
bond retirement fund of separate accounts relating to debt 705
charges on particular securities, or on securities payable from 706
the same or common sources, and for the application of moneys in 707
those accounts only to specified debt charges on specified 708
securities or categories of securities. Subject to law and any 709
provisions in the applicable proceedings, moneys in a bond 710
retirement fund or separate account in a bond retirement fund may 711
be transferred to other funds and accounts. 712
(E) "Capitalized interest" means all or a portion of the 714
interest payable on securities from their date to a date stated 715
or provided for in the applicable legislation, which interest is 716
to be paid from the proceeds of the securities. 717
18
(F) "Chapter 133. securities" means securities authorized 719
by or issued pursuant to or in accordance with this chapter. 720
(G) "County auditor" means the county auditor of the 722
county in which the subdivision is located. If the subdivision 723
is located in more than one county, "county auditor" means the 724
county auditor of the county that contains the highest amount of 725
the tax valuation of the subdivision or that otherwise has 726
jurisdiction in practice over and customarily handles property 727
tax matters relating to the subdivision. In the case of a county 728
that has adopted a charter, "county auditor" means the officer 729
who generally has the duties and functions provided in the 730
Revised Code for a county auditor. 731
(H) "Credit enhancement facilities" means letters of 733
credit, lines of credit, stand-by, contingent, or firm securities 734
purchase agreements, insurance, or surety arrangements, 735
guarantees, and other arrangements that provide for direct or 736
contingent payment of debt charges, for security or additional 737
security in the event of nonpayment or default in respect of 738
securities, or for making payment of debt charges to and at the 739
option and on demand of securities holders or at the option of 740
the issuer or upon certain conditions occurring under put or 741
similar arrangements, or for otherwise supporting the credit or 742
liquidity of the securities, and includes credit, reimbursement, 743
marketing, remarketing, indexing, carrying, interest rate hedge, 744
and subrogation agreements, and other agreements and arrangements 745
for payment and reimbursement of the person providing the credit 746
enhancement facility and the security for that payment and 747
reimbursement. 748
(I) "Current operating expenses" or "current expenses" 750
means the lawful expenditures of a subdivision, except those for 751
permanent improvements and for payments of debt charges of the 752
subdivision. 753
(J) "Debt charges" means the principal, including any 755
mandatory sinking fund deposits and mandatory redemption 756
19
payments, interest, and any redemption premium, payable on 757
securities as those payments come due and are payable. The use 758
of "debt charges" for this purpose does not imply that any 759
particular securities constitute debt within the meaning of the 760
Ohio Constitution or other laws. 761
(K) "Financing costs" means all costs and expenses 763
relating to the authorization, including any required election, 764
issuance, sale, delivery, authentication, deposit, custody, 765
clearing, registration, transfer, exchange, fractionalization, 766
replacement, payment, and servicing of securities, including, 767
without limitation, costs and expenses for or relating to 768
publication and printing, postage, delivery, preliminary and 769
final official statements, offering circulars, and informational 770
statements, travel and transportation, underwriters, placement 771
agents, investment bankers, paying agents, registrars, 772
authenticating agents, remarketing agents, custodians, clearing 773
agencies or corporations, securities depositories, financial 774
advisory services, certifications, audits, federal or state 775
regulatory agencies, accounting and computation services, legal 776
services and obtaining approving legal opinions and other legal 777
opinions, credit ratings, redemption premiums, and credit 778
enhancement facilities. Financing costs may be paid from any 779
moneys available for the purpose, including, unless otherwise 780
provided in the proceedings, from the proceeds of the securities 781
to which they relate and, as to future financing costs, from the 782
same sources from which debt charges on the securities are paid 783
and as though debt charges. 784
(L) "Fiscal officer" means the following, or, in the case 786
of absence or vacancy in the office, a deputy or assistant 787
authorized by law or charter to act in the place of the named 788
officer, or if there is no such authorization then the deputy or 789
assistant authorized by legislation to act in the place of the 790
named officer for purposes of this chapter, in the case of the 791
following subdivisions: 792
20
(1) A county, the county auditor; 794
(2) A municipal corporation, the city auditor or village 796
clerk or clerk-treasurer, or the officer who, by virtue of a 797
charter, has the duties and functions provided in the Revised 798
Code for the city auditor or village clerk or clerk-treasurer; 799
(3) A school district, the treasurer of the board of 801
education; 802
(4) A regional water and sewer district, the secretary of 804
the board of trustees; 805
(5) A joint township hospital district, the treasurer of 807
the district; 808
(6) A joint ambulance district, the clerk of the board of 810
trustees; 811
(7) A joint recreation district, the person designated 813
pursuant to section 755.15 of the Revised Code; 814
(8) A detention home district or a district organized 816
under section 2151.65 of the Revised Code or a combined district 817
organized under sections 2151.34 2152.41 and 2151.65 of the 818
Revised Code, the county auditor of the county designated by law 820
to act as the auditor of the district; 821
(9) A township or a township police district, the clerk of 823
the township; 824
(10) A joint fire district, the clerk of the board of 826
trustees of that district; 827
(11) A regional or county library district, the person 829
responsible for the financial affairs of that district; 830
(12) A joint solid waste management district, the fiscal 832
officer appointed by the board of directors of the district under 833
section 343.01 of the Revised Code; 834
(13) A joint emergency medical services district, the 836
person appointed as fiscal officer pursuant to division (D) of 837
section 307.053 of the Revised Code; 838
(14) A fire and ambulance district, the person appointed 840
as fiscal officer under division (B) of section 505.375 of the 841
21
Revised Code;
(15) A subdivision described in division (MM)(16) of this 843
section, the officer who is designated by law as or performs the 844
functions of its chief fiscal officer. 845
(M) "Fiscal year" has the same meaning as in section 9.34 847
of the Revised Code. 848
(N) "Fractionalized interests in public obligations" means 850
participations, certificates of participation, shares, or other 851
instruments or agreements, separate from the public obligations 852
themselves, evidencing ownership of interests in public 853
obligations or of rights to receive payments of, or on account 854
of, principal or interest or their equivalents payable by or on 855
behalf of an obligor pursuant to public obligations. 856
(O) "Fully registered securities" means securities in 858
certificated or uncertificated form, registered as to both 859
principal and interest in the name of the owner. 860
(P) "Fund" means to provide for the payment of debt 862
charges and expenses related to that payment at or prior to 863
retirement by purchase, call for redemption, payment at maturity, 864
or otherwise. 865
(Q) "General obligation" means securities to the payment 867
of debt charges on which the full faith and credit and the 868
general property taxing power, including taxes within the tax 869
limitation if available to the subdivision, of the subdivision 870
are pledged. 871
(R) "Interest" or "interest equivalent" means those 873
payments or portions of payments, however denominated, that 874
constitute or represent consideration for forbearing the 875
collection of money, or for deferring the receipt of payment of 876
money to a future time. 877
(S) "Internal Revenue Code" means the "Internal Revenue 879
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended, 880
and includes any laws of the United States providing for 881
application of that code. 882
22
(T) "Issuer" means any public issuer and any nonprofit 884
corporation authorized to issue securities for or on behalf of 885
any public issuer. 886
(U) "Legislation" means an ordinance or resolution passed 888
by a majority affirmative vote of the then members of the taxing 889
authority unless a different vote is required by charter 890
provisions governing the passage of the particular legislation by 891
the taxing authority. 892
(V) "Mandatory sinking fund redemption requirements" means 894
amounts required by proceedings to be deposited in a bond 895
retirement fund for the purpose of paying in any year or fiscal 896
year by mandatory redemption prior to stated maturity the 897
principal of securities that is due and payable, except for 898
mandatory prior redemption requirements as provided in those 899
proceedings, in a subsequent year or fiscal year. 900
(W) "Mandatory sinking fund requirements" means amounts 902
required by proceedings to be deposited in a year or fiscal year 903
in a bond retirement fund for the purpose of paying the principal 904
of securities that is due and payable in a subsequent year or 905
fiscal year. 906
(X) "Net indebtedness" has the same meaning as in division 908
(A) of section 133.04 of the Revised Code. 909
(Y) "Obligor," in the case of securities or fractionalized 911
interests in public obligations issued by another person the debt 912
charges or their equivalents on which are payable from payments 913
made by a public issuer, means that public issuer. 914
(Z) "One purpose" relating to permanent improvements means 916
any one permanent improvement or group or category of permanent 917
improvements for the same utility, enterprise, system, or 918
project, development or redevelopment project, or for or devoted 919
to the same general purpose, function, or use or for which 920
self-supporting securities, based on the same or different 921
sources of revenues, may be issued or for which special 922
assessments may be levied by a single ordinance or resolution. 923
23
"One purpose" includes, but is not limited to, in any case any 924
off-street parking facilities relating to another permanent 925
improvement, and: 926
(1) Any number of roads, highways, streets, bridges, 928
sidewalks, and viaducts; 929
(2) Any number of off-street parking facilities; 931
(3) In the case of a county, any number of permanent 933
improvements for courthouse, jail, county offices, and other 934
county buildings, and related facilities; 935
(4) In the case of a school district, any number of 937
facilities and buildings for school district purposes, and 938
related facilities. 939
(AA) "Outstanding," referring to securities, means 941
securities that have been issued, delivered, and paid for, except 942
any of the following: 943
(1) Securities canceled upon surrender, exchange, or 945
transfer, or upon payment or redemption; 946
(2) Securities in replacement of which or in exchange for 948
which other securities have been issued; 949
(3) Securities for the payment, or redemption or purchase 951
for cancellation prior to maturity, of which sufficient moneys or 952
investments, in accordance with the applicable legislation or 953
other proceedings or any applicable law, by mandatory sinking 954
fund redemption requirements, mandatory sinking fund 955
requirements, or otherwise, have been deposited, and credited for 956
the purpose in a bond retirement fund or with a trustee or paying 957
or escrow agent, whether at or prior to their maturity or 958
redemption, and, in the case of securities to be redeemed prior 959
to their stated maturity, notice of redemption has been given or 960
satisfactory arrangements have been made for giving notice of 961
that redemption, or waiver of that notice by or on behalf of the 962
affected security holders has been filed with the subdivision or 963
its agent for the purpose. 964
(BB) "Paying agent" means the one or more banks, trust 966
24
companies, or other financial institutions or qualified persons, 967
including an appropriate office or officer of the subdivision, 968
designated as a paying agent or place of payment of debt charges 969
on the particular securities. 970
(CC) "Permanent improvement" or "improvement" means any 972
property, asset, or improvement certified by the fiscal officer, 973
which certification is conclusive, as having an estimated life or 974
period of usefulness of five years or more, and includes, but is 975
not limited to, real estate, buildings, and personal property and 976
interests in real estate, buildings, and personal property, 977
equipment, furnishings, and site improvements, and 978
reconstruction, rehabilitation, renovation, installation, 979
improvement, enlargement, and extension of property, assets, or 980
improvements so certified as having an estimated life or period 981
of usefulness of five years or more. The acquisition of all the 982
stock ownership of a corporation is the acquisition of a 983
permanent improvement to the extent that the value of that stock 984
is represented by permanent improvements. A permanent 985
improvement for parking, highway, road, and street purposes 986
includes resurfacing, but does not include ordinary repair. 987
(DD) "Person" has the same meaning as in section 1.59 of 989
the Revised Code and also includes any federal, state, 990
interstate, regional, or local governmental agency, any 991
subdivision, and any combination of those persons. 992
(EE) "Proceedings" means the legislation, certifications, 994
notices, orders, sale proceedings, trust agreement or indenture, 995
mortgage, lease, lease-purchase agreement, assignment, credit 996
enhancement facility agreements, and other agreements, 997
instruments, and documents, as amended and supplemented, and any 998
election proceedings, authorizing, or providing for the terms and 999
conditions applicable to, or providing for the security or sale 1,000
or award of, public obligations, and includes the provisions set 1,001
forth or incorporated in those public obligations and 1,002
proceedings. 1,003
25
(FF) "Public issuer" means any of the following that is 1,005
authorized by law to issue securities or enter into public 1,006
obligations: 1,007
(1) The state, including an agency, commission, officer, 1,009
institution, board, authority, or other instrumentality of the 1,010
state; 1,011
(2) A taxing authority, subdivision, district, or other 1,013
local public or governmental entity, and any combination or 1,014
consortium, or public division, district, commission, authority, 1,015
department, board, officer, or institution, thereof; 1,016
(3) Any other body corporate and politic, or other public 1,018
entity. 1,019
(GG) "Public obligations" means both of the following: 1,021
(1) Securities; 1,023
(2) Obligations of a public issuer to make payments under 1,025
installment sale, lease, lease purchase, or similar agreements, 1,026
which obligations bear interest or interest equivalent. 1,027
(HH) "Refund" means to fund and retire outstanding 1,029
securities, including advance refunding with or without payment 1,030
or redemption prior to maturity. 1,031
(II) "Register" means the books kept and maintained by the 1,033
registrar for registration, exchange, and transfer of registered 1,034
securities. 1,035
(JJ) "Registrar" means the person responsible for keeping 1,037
the register for the particular registered securities, designated 1,038
by or pursuant to the proceedings. 1,039
(KK) "Securities" means bonds, notes, certificates of 1,041
indebtedness, commercial paper, and other instruments in writing, 1,042
including, unless the context does not admit, anticipatory 1,043
securities, issued by an issuer to evidence its obligation to 1,044
repay money borrowed, or to pay interest, by, or to pay at any 1,045
future time other money obligations of, the issuer of the 1,046
securities, but not including public obligations described in 1,047
division (GG)(2) of this section. 1,048
26
(LL) "Self-supporting securities" means securities or 1,050
portions of securities issued for the purpose of paying costs of 1,051
permanent improvements to the extent that receipts of the 1,052
subdivision, other than the proceeds of taxes levied by that 1,053
subdivision, derived from or with respect to the improvements or 1,054
the operation of the improvements being financed, or the 1,055
enterprise, system, project, or category of improvements of which 1,056
the improvements being financed are part, are estimated by the 1,057
fiscal officer to be sufficient to pay the current expenses of 1,058
that operation or of those improvements or enterprise, system, 1,059
project, or categories of improvements and the debt charges 1,060
payable from those receipts on securities issued for the purpose. 1,061
Until such time as the improvements or increases in rates and 1,062
charges have been in operation or effect for a period of at least 1,063
six months, the receipts therefrom, for purposes of this 1,064
definition, shall be those estimated by the fiscal officer, 1,065
except that those receipts may include, without limitation, 1,066
payments made and to be made to the subdivision under leases or 1,067
agreements in effect at the time the estimate is made. In the 1,068
case of an operation, improvements, or enterprise, system, 1,069
project, or category of improvements without at least a six-month 1,070
history of receipts, the estimate of receipts by the fiscal 1,071
officer, other than those to be derived under leases and 1,072
agreements then in effect, shall be confirmed by the taxing 1,073
authority. 1,074
(MM) "Subdivision" means any of the following: 1,076
(1) A county, including a county that has adopted a 1,078
charter under Article X, Ohio Constitution; 1,079
(2) A municipal corporation, including a municipal 1,081
corporation that has adopted a charter under Article XVIII, Ohio 1,082
Constitution; 1,083
(3) A school district; 1,085
(4) A regional water and sewer district organized under 1,087
Chapter 6119. of the Revised Code; 1,088
27
(5) A joint township hospital district organized under 1,090
section 513.07 of the Revised Code; 1,091
(6) A joint ambulance district organized under section 1,093
505.71 of the Revised Code; 1,094
(7) A joint recreation district organized under division 1,096
(C) of section 755.14 of the Revised Code; 1,097
(8) A detention home district organized under section 1,099
2151.34 2152.41, a district organized under section 2151.65, or a 1,101
combined district organized under sections 2151.34 2152.41 and 1,102
2151.65 of the Revised Code; 1,104
(9) A township police district organized under section 1,106
505.48 of the Revised Code; 1,107
(10) A township; 1,109
(11) A joint fire district organized under section 505.371 1,111
of the Revised Code; 1,112
(12) A county library district created under section 1,114
3375.19 or a regional library district created under section 1,115
3375.28 of the Revised Code; 1,116
(13) A joint solid waste management district organized 1,118
under section 343.01 or 343.012 of the Revised Code; 1,119
(14) A joint emergency medical services district organized 1,121
under section 307.052 of the Revised Code; 1,122
(15) A fire and ambulance district organized under section 1,124
505.375 of the Revised Code; 1,125
(16) Any other political subdivision or taxing district or 1,127
other local public body or agency authorized by this chapter or 1,128
other laws to issue Chapter 133. securities. 1,129
(NN) "Taxing authority" means in the case of the following 1,131
subdivisions: 1,132
(1) A county, a county library district, or a regional 1,134
library district, the board or boards of county commissioners, or 1,135
other legislative authority of a county that has adopted a 1,136
charter under Article X, Ohio Constitution, but with respect to 1,137
such a library district acting solely as agent for the board of 1,138
28
trustees of that district; 1,139
(2) A municipal corporation, the legislative authority; 1,141
(3) A school district, the board of education; 1,143
(4) A regional water and sewer district, a joint ambulance 1,145
district, a joint recreation district, a fire and ambulance 1,146
district, or a joint fire district, the board of trustees of the 1,148
district;
(5) A joint township hospital district, the joint township 1,150
hospital board; 1,151
(6) A detention home district or a district organized 1,153
under section 2151.65 of the Revised Code, a combined district 1,154
organized under sections 2151.34 2152.41 and 2151.65 of the 1,155
Revised Code, or a joint emergency medical services district, the 1,157
joint board of county commissioners;
(7) A township or a township police district, the board of 1,159
township trustees; 1,160
(8) A joint solid waste management district organized 1,162
under section 343.01 or 343.012 of the Revised Code, the board of 1,163
directors of the district; 1,164
(9) A subdivision described in division (MM)(16) of this 1,166
section, the legislative or governing body or official. 1,167
(OO) "Tax limitation" means the "ten-mill limitation" as 1,169
defined in section 5705.02 of the Revised Code without diminution 1,170
by reason of section 5705.313 of the Revised Code or otherwise, 1,171
or, in the case of a municipal corporation or county with a 1,172
different charter limitation on property taxes levied to pay debt 1,173
charges on unvoted securities, that charter limitation. Those 1,174
limitations shall be respectively referred to as the "ten-mill 1,175
limitation" and the "charter tax limitation." 1,176
(PP) "Tax valuation" means the aggregate of the valuations 1,178
of property subject to ad valorem property taxation by the 1,179
subdivision on the real property, personal property, and public 1,180
utility property tax lists and duplicates most recently certified 1,181
for collection, and shall be calculated without deductions of the 1,182
29
valuations of otherwise taxable property exempt in whole or in 1,183
part from taxation by reason of exemptions of certain amounts of 1,184
taxable value under division (C) of section 5709.01 or section 1,185
323.152 of the Revised Code, or similar laws now or in the future 1,186
in effect. 1,187
(QQ) "Year" means the calendar year. 1,189
(RR) "Interest rate hedge" means any arrangement by which 1,191
either: 1,192
(1) The different interest costs or receipts at fixed 1,194
interest rates and at floating interest rates, or at different 1,195
maturities, are exchanged on stated amounts of bonds or 1,196
investments, or on notional amounts; 1,197
(2) A party will pay interest costs in excess of an agreed 1,199
limitation. 1,200
(SS) "Administrative agent," "agent," "commercial paper," 1,202
"floating rate interest structure," "indexing agent," "interest 1,203
rate period," "put arrangement," and "remarketing agent" have the 1,204
same meanings as in section 9.98 of the Revised Code. 1,205
(TT) "Sales tax supported" means obligations to the 1,208
payment of debt charges on which an additional sales tax or 1,209
additional sales taxes have been pledged by the taxing authority 1,210
of a county pursuant to section 133.081 of the Revised Code. 1,212
Sec. 2151.01. The sections in Chapter 2151. of the Revised 1,221
Code, with the exception of those sections providing for the 1,222
criminal prosecution of adults, shall be liberally interpreted 1,223
and construed so as to effectuate the following purposes: 1,224
(A) To provide for the care, protection, and mental and 1,226
physical development of children subject to Chapter 2151. of the 1,227
Revised Code; 1,228
(B) To protect the public interest in removing the 1,230
consequences of criminal behavior and the taint of criminality 1,231
from children committing delinquent acts and to substitute 1,232
therefor a program of supervision, care, and rehabilitation; 1,233
(C) To achieve the foregoing purposes, whenever possible, 1,235
30
in a family environment, separating the child from its THE 1,236
CHILD'S parents only when necessary for his THE CHILD'S welfare 1,238
or in the interests of public safety; 1,240
(D)(B) To provide judicial procedures through which 1,242
Chapter CHAPTERS 2151. AND 2152. of the Revised Code is ARE 1,244
executed and enforced, and in which the parties are assured of a 1,246
fair hearing, and their constitutional and other legal rights are 1,247
recognized and enforced. 1,248
Sec. 2151.011. (A) As used in the Revised Code: 1,257
(1) "Juvenile court" means the division of the court of 1,259
common pleas or a juvenile court separately and independently 1,260
created having jurisdiction under this chapter. 1,261
(2) "Juvenile judge" means a judge of a court having 1,263
jurisdiction under this chapter. 1,264
(3) "Private child placing agency" means any association, 1,266
as defined in section 5103.02 of the Revised Code, that is 1,267
certified pursuant to sections 5103.03 to 5103.05 of the Revised 1,268
Code to accept temporary, permanent, or legal custody of children 1,269
and place the children for either foster care or adoption. 1,270
(4) "Private noncustodial agency" means any person, 1,272
organization, association, or society certified by the department 1,273
of human services that does not accept temporary or permanent 1,274
legal custody of children, that is privately operated in this 1,275
state, and that does one or more of the following: 1,276
(a) Receives and cares for children for two or more 1,278
consecutive weeks; 1,279
(b) Participates in the placement of children in family 1,281
foster homes; 1,282
(c) Provides adoption services in conjunction with a 1,284
public children services agency or private child placing agency. 1,285
(B) As used in this chapter: 1,287
(1) "Adequate parental care" means the provision by a 1,289
child's parent or parents, guardian, or custodian of adequate 1,290
food, clothing, and shelter to ensure the child's health and 1,291
31
physical safety and the provision by a child's parent or parents 1,292
of specialized services warranted by the child's physical or 1,293
mental needs. 1,294
(2) "Adult" means an individual who is eighteen years of 1,296
age or older. 1,297
(3) "Agreement for temporary custody" means a voluntary 1,299
agreement authorized by section 5103.15 of the Revised Code that 1,301
transfers the temporary custody of a child to a public children 1,302
services agency or a private child placing agency. 1,303
(4) "Babysitting care" means care provided for a child 1,305
while the parents, guardian, or legal custodian of the child are 1,306
temporarily away. 1,307
(5) "Certified family foster home" means a family foster 1,309
home operated by persons holding a certificate in force, issued 1,310
under section 5103.03 of the Revised Code. 1,311
(6)(a) "Child" means a person who is under eighteen years 1,314
of age, except as otherwise provided in divisions (B)(6)(b) to 1,315
(f) of this section. 1,316
(b) Subject to division (B)(6)(c) of this section, any 1,319
person who violates a federal or state law or municipal ordinance 1,320
prior to attaining eighteen years of age shall be deemed a
"child" irrespective of that person's age at the time the 1,321
complaint is filed or the hearing on the complaint is held. 1,322
(c) Any person who, while under eighteen years of age, 1,325
commits an act that would be a felony if committed by an adult 1,326
and who is not taken into custody or apprehended for that act
until after the person attains twenty-one years of age is not a 1,327
child in relation to that act. 1,328
(d) Any person whose case is transferred for criminal 1,330
prosecution pursuant to division (B) or (C) of section 2151.26 of 1,331
the Revised Code shall after the transfer be deemed not to be a 1,332
child in the transferred case. 1,333
(e) Subject to division (B)(6)(f) of this section, any 1,336
person whose case is transferred for criminal prosecution 1,337
32
pursuant to division (B) or (C) of section 2151.26 of the Revised 1,338
Code and who subsequently is convicted of or pleads guilty to a 1,339
felony in that case shall after the transfer be deemed not to be 1,341
a child in any case in which the person is alleged to have 1,343
committed prior to or subsequent to the transfer an act that 1,345
would be an offense if committed by an adult. Division (B)(6)(e) 1,346
of this section applies to a case regardless of whether the prior 1,349
or subsequent act that is alleged in the case and that would be
an offense if committed by an adult allegedly was committed in 1,350
the same county in which the case was transferred or in another 1,352
county and regardless of whether the complaint in the case 1,353
involved was filed in the same county in which the case was 1,354
transferred or in another county. Division (B)(6)(e) of this 1,355
section applies to a case that involves an act committed prior to 1,356
the transfer only when the prior act alleged in the case has not 1,357
been disposed of by a juvenile court or trial court. 1,358
(f) Notwithstanding division (B)(6)(e) of this section, if 1,361
a person's case is transferred for criminal prosecution pursuant 1,362
to division (B) or (C) of section 2151.26 of the Revised Code and 1,363
if the person subsequently is convicted of or pleads guilty to a 1,364
felony in that case, thereafter, the person shall be considered a 1,365
child solely for the following purposes in relation to any act
the person subsequently commits that would be an offense if 1,366
committed by an adult: 1,367
(i) For purposes of the filing of a complaint alleging 1,369
that the child is a delinquent child for committing the act that 1,370
would be an offense if committed by an adult; 1,371
(ii) For purposes of the juvenile court conducting a 1,373
hearing under division (B) of section 2151.26 of the Revised Code 1,375
relative to the complaint described in division (B)(6)(f)(i) of 1,376
this section to determine whether division (B)(1) of section 1,377
2151.26 of the Revised Code applies and requires that the case be 1,379
transferred for criminal prosecution to the appropriate court 1,380
having jurisdiction of the offense.
33
(7) "Child day camp," "child day-care," "child day-care 1,382
center," "part-time child day-care center," "type A family 1,385
day-care home," "certified type B family day-care home," "type B 1,386
home," "administrator of a child day-care center," "administrator 1,388
of a type A family day-care home," "in-home aide," and 1,389
"authorized provider" have the same meanings as in section 1,390
5104.01 of the Revised Code.
(8) "Child day-care provider" means an individual who is a 1,393
child-care staff member or administrator of a child day-care
center, a type A family day-care home, or a type B family 1,394
day-care home, or an in-home aide or an individual who is 1,395
licensed, is regulated, is approved, operates under the direction 1,396
of, or otherwise is certified by the department of human 1,397
services, department of mental retardation and developmental 1,398
disabilities, or the early childhood programs of the department 1,399
of education. 1,400
(9) "Commit" means to vest custody as ordered by the 1,402
court. 1,403
(10) "Counseling" includes both of the following: 1,405
(a) General counseling services performed by a public 1,408
children services agency or shelter for victims of domestic 1,409
violence to assist a child, a child's parents, and a child's 1,410
siblings in alleviating identified problems that may cause or 1,412
have caused the child to be an abused, neglected, or dependent 1,413
child.
(b) Psychiatric or psychological therapeutic counseling 1,416
services provided to correct or alleviate any mental or emotional 1,418
illness or disorder and performed by a licensed psychiatrist,
licensed psychologist, or a person licensed under Chapter 4757. 1,420
of the Revised Code to engage in social work or professional 1,421
counseling.
(11) "Custodian" means a person who has legal custody of a 1,423
child or a public children services agency or private child 1,424
placing agency that has permanent, temporary, or legal custody of 1,425
34
a child. 1,426
(12) "DELINQUENT CHILD" HAS THE SAME MEANING AS IN SECTION 1,428
2152.02 OF THE REVISED CODE. 1,429
(13) "Detention" means the temporary care of children 1,431
pending court adjudication or disposition, or execution of a 1,432
court order, in a public or private facility designed to 1,433
physically restrict the movement and activities of children. 1,434
(13)(14) "Developmental disability" has the same meaning 1,436
as in section 5123.01 of the Revised Code. 1,438
(14)(15) "Family foster home" means a private residence in 1,440
which children are received apart from their parents, guardian, 1,441
or legal custodian by an individual for hire, gain, or reward for 1,442
nonsecure care, supervision, or training twenty-four hours a day. 1,443
"Family foster home" does not include babysitting care provided 1,444
for a child in the home of a person other than the home of the 1,445
parents, guardian, or legal custodian of the child. 1,446
(15)(16) "Foster home" means a family home in which any 1,448
child is received apart from the child's parents for care, 1,449
supervision, or training. 1,451
(16)(17) "Guardian" means a person, association, or 1,453
corporation that is granted authority by a probate court pursuant 1,454
to Chapter 2111. of the Revised Code to exercise parental rights 1,455
over a child to the extent provided in the court's order and 1,456
subject to the residual parental rights of the child's parents. 1,457
(17)(18) "JUVENILE TRAFFIC OFFENDER" HAS THE SAME MEANING 1,459
AS IN SECTION 2152.02 OF THE REVISED CODE. 1,460
(19) "Legal custody" means a legal status that vests in 1,462
the custodian the right to have physical care and control of the 1,463
child and to determine where and with whom the child shall live, 1,464
and the right and duty to protect, train, and discipline the 1,466
child and to provide the child with food, shelter, education, and 1,467
medical care, all subject to any residual parental rights, 1,469
privileges, and responsibilities. An individual granted legal 1,470
custody shall exercise the rights and responsibilities personally 1,471
35
unless otherwise authorized by any section of the Revised Code or 1,472
by the court. 1,473
(18)(20) "Mental illness" and "mentally ill person subject 1,475
to hospitalization by court order" have the same meanings as in 1,477
section 5122.01 of the Revised Code. 1,478
(19)(21) "Mental injury" means any behavioral, cognitive, 1,480
emotional, or mental disorder in a child caused by an act or 1,481
omission that is described in section 2919.22 of the Revised Code 1,482
and is committed by the parent or other person responsible for 1,484
the child's care.
(20)(22) "Mentally retarded person" has the same meaning 1,486
as in section 5123.01 of the Revised Code. 1,488
(21)(23) "Nonsecure care, supervision, or training" means 1,490
care, supervision, or training of a child in a facility that does 1,491
not confine or prevent movement of the child within the facility 1,492
or from the facility. 1,493
(22)(24) "Organization" means any institution, public, 1,495
semipublic, or private, and any private association, society, or 1,496
agency located or operating in the state, incorporated or 1,497
unincorporated, having among its functions the furnishing of 1,498
protective services or care for children, or the placement of 1,499
children in foster homes or elsewhere. 1,500
(23)(25) "Out-of-home care" means detention facilities, 1,502
shelter facilities, foster homes, certified foster homes, 1,503
placement in a prospective adoptive home prior to the issuance of 1,504
a final decree of adoption, organizations, certified 1,505
organizations, child day-care centers, type A family day-care 1,506
homes, child day-care provided by type B family day-care home 1,507
providers and by in-home aides, group home providers, group 1,508
homes, institutions, state institutions, residential facilities, 1,509
residential care facilities, residential camps, day camps, 1,510
hospitals, and medical clinics that are responsible for the care, 1,511
physical custody, or control of children. 1,512
(24)(26) "Out-of-home care child abuse" means any of the 1,514
36
following when committed by a person responsible for the care of 1,515
a child in out-of-home care: 1,516
(a) Engaging in sexual activity with a child in the 1,518
person's care; 1,519
(b) Denial to a child, as a means of punishment, of proper 1,521
or necessary subsistence, education, medical care, or other care 1,522
necessary for a child's health; 1,523
(c) Use of restraint procedures on a child that cause 1,525
injury or pain; 1,526
(d) Administration of prescription drugs or psychotropic 1,528
medication to the child without the written approval and ongoing 1,529
supervision of a licensed physician; 1,530
(e) Commission of any act, other than by accidental means, 1,532
that results in any injury to or death of the child in 1,533
out-of-home care or commission of any act by accidental means 1,534
that results in an injury to or death of a child in out-of-home 1,535
care and that is at variance with the history given of the injury 1,536
or death.
(25)(27) "Out-of-home care child neglect" means any of the 1,538
following when committed by a person responsible for the care of 1,539
a child in out-of-home care: 1,540
(a) Failure to provide reasonable supervision according to 1,542
the standards of care appropriate to the age, mental and physical 1,543
condition, or other special needs of the child; 1,544
(b) Failure to provide reasonable supervision according to 1,546
the standards of care appropriate to the age, mental and physical 1,547
condition, or other special needs of the child, that results in 1,548
sexual or physical abuse of the child by any person; 1,549
(c) Failure to develop a process for all of the following: 1,551
(i) Administration of prescription drugs or psychotropic 1,553
drugs for the child; 1,554
(ii) Assuring that the instructions of the licensed 1,556
physician who prescribed a drug for the child are followed; 1,557
(iii) Reporting to the licensed physician who prescribed 1,559
37
the drug all unfavorable or dangerous side effects from the use 1,560
of the drug. 1,561
(d) Failure to provide proper or necessary subsistence, 1,563
education, medical care, or other individualized care necessary 1,564
for the health or well-being of the child; 1,565
(e) Confinement of the child to a locked room without 1,567
monitoring by staff; 1,568
(f) Failure to provide ongoing security for all 1,570
prescription and nonprescription medication; 1,571
(g) Isolation of a child for a period of time when there 1,573
is substantial risk that the isolation, if continued, will impair 1,574
or retard the mental health or physical well-being of the child. 1,575
(26)(28) "Permanent custody" means a legal status that 1,577
vests in a public children services agency or a private child 1,578
placing agency, all parental rights, duties, and obligations, 1,579
including the right to consent to adoption, and divests the 1,580
natural parents or adoptive parents of all parental rights, 1,581
privileges, and obligations, including all residual rights and 1,582
obligations.
(27)(29) "Planned permanent living arrangement" means an 1,585
order of a juvenile court pursuant to which both of the following 1,586
apply:
(a) The court gives legal custody of a child to a public 1,588
children services agency or a private child placing agency 1,589
without the termination of parental rights. 1,590
(b) The order permits the agency to make an appropriate 1,592
placement of the child and to enter into a written agreement with 1,595
a foster care provider or with another person or agency with whom 1,596
the child is placed.
(28)(30) "Permanent surrender" means the act of the 1,598
parents or, if a child has only one parent, of the parent of a 1,599
child, by a voluntary agreement authorized by section 5103.15 of 1,601
the Revised Code, to transfer the permanent custody of the child
to a public children services agency or a private child placing 1,602
38
agency. 1,603
(29)(31) "Person responsible for a child's care in 1,605
out-of-home care" means any of the following: 1,607
(a) Any foster parent, in-home aide, or provider; 1,609
(b) Any administrator, employee, or agent of any of the 1,611
following: a public or private detention facility; shelter 1,612
facility; organization; certified organization; child day-care 1,613
center; type A family day-care home; certified type B family 1,614
day-care home; group home; institution; state institution; 1,615
residential facility; residential care facility; residential 1,616
camp; day camp; hospital; or medical clinic; 1,617
(c) Any other person who performs a similar function with 1,619
respect to, or has a similar relationship to, children. 1,620
(30)(32) "Physically impaired" means having one or more of 1,622
the following conditions that substantially limit one or more of 1,623
an individual's major life activities, including self-care, 1,624
receptive and expressive language, learning, mobility, and 1,625
self-direction:
(a) A substantial impairment of vision, speech, or 1,627
hearing;
(b) A congenital orthopedic impairment; 1,629
(c) An orthopedic impairment caused by disease, rheumatic 1,632
fever or any other similar chronic or acute health problem, or 1,633
amputation or another similar cause.
(31)(33) "Placement for adoption" means the arrangement by 1,635
a public children services agency or a private child placing 1,636
agency with a person for the care and adoption by that person of 1,637
a child of whom the agency has permanent custody. 1,638
(32)(34) "Placement in foster care" means the arrangement 1,641
by a public children services agency or a private child placing
agency for the out-of-home care of a child of whom the agency has 1,642
temporary custody or permanent custody. 1,643
(33)(35) "Practice of social work" and "practice of 1,645
professional counseling" have the same meanings as in section 1,647
39
4757.01 of the Revised Code. 1,648
(34)(36) "Probation" means a legal status created by court 1,650
order following an adjudication that a child is a delinquent 1,651
child, a juvenile traffic offender, or an unruly child, whereby 1,652
the child is permitted to remain in the parent's, guardian's, or 1,653
custodian's home subject to supervision, or under the supervision 1,654
of any agency designated by the court and returned to the court 1,655
for violation of probation at any time during the period of 1,656
probation. 1,657
(35)(37) "Protective supervision" means an order of 1,659
disposition pursuant to which the court permits an abused, 1,660
neglected, dependent, OR unruly, or delinquent child or a 1,661
juvenile traffic offender to remain in the custody of the child's 1,663
parents, guardian, or custodian and stay in the child's home, 1,664
subject to any conditions and limitations upon the child, the 1,665
child's parents, guardian, or custodian, or any other person that 1,668
the court prescribes, including supervision as directed by the 1,669
court for the protection of the child. 1,670
(36)(38) "Psychiatrist" has the same meaning as in section 1,672
5122.01 of the Revised Code. 1,673
(37)(39) "Psychologist" has the same meaning as in section 1,675
4732.01 of the Revised Code. 1,676
(38)(40) "Residential camp" means a program in which the 1,678
care, physical custody, or control of children is accepted 1,681
overnight for recreational or recreational and educational 1,682
purposes.
(39)(41) "Residential care facility" means an institution, 1,684
residence, or facility that is licensed by the department of 1,685
mental health under section 5119.22 of the Revised Code and that 1,686
provides care for a child. 1,687
(40)(42) "Residential facility" means a home or facility 1,689
that is licensed by the department of mental retardation and 1,690
developmental disabilities under section 5123.19 of the Revised 1,691
Code and in which a child with a developmental disability 1,692
40
resides. 1,693
(41)(43) "Residual parental rights, privileges, and 1,695
responsibilities" means those rights, privileges, and 1,696
responsibilities remaining with the natural parent after the 1,697
transfer of legal custody of the child, including, but not 1,698
necessarily limited to, the privilege of reasonable visitation, 1,699
consent to adoption, the privilege to determine the child's 1,700
religious affiliation, and the responsibility for support. 1,701
(42)(44) "Secure correctional facility" means a facility 1,703
under the direction of the department of youth services that is 1,704
designed to physically restrict the movement and activities of 1,705
children and used for the placement of children after 1,706
adjudication and disposition.
(43)(45) "Sexual activity" has the same meaning as in 1,708
section 2907.01 of the Revised Code. 1,709
(44)(46) "Shelter" means the temporary care of children in 1,711
physically unrestricted facilities pending court adjudication or 1,712
disposition. 1,713
(45)(47) "Shelter for victims of domestic violence" has 1,715
the same meaning as in section 3113.33 of the Revised Code. 1,716
(46)(48) "Temporary custody" means legal custody of a 1,718
child who is removed from the child's home, which custody may be 1,719
terminated at any time at the discretion of the court or, if the 1,721
legal custody is granted in an agreement for temporary custody, 1,722
by the person who executed the agreement. 1,723
(C) For the purposes of this chapter, a child shall be 1,725
presumed abandoned when the parents of the child have failed to 1,726
visit or maintain contact with the child for more than ninety 1,727
days, regardless of whether the parents resume contact with the 1,728
child after that period of ninety days. 1,729
Sec. 2151.022. As used in this chapter, "unruly child" 1,738
includes any of the following: 1,739
(A) Any child who does not subject himself or herself 1,741
SUBMIT to the reasonable control of his or her THE CHILD'S 1,743
41
parents, teachers, guardian, or custodian, by reason of being 1,745
wayward or habitually disobedient;
(B) Any child who is an habitual truant from home or 1,747
school; 1,748
(C) Any child who so deports himself or herself BEHAVES IN 1,750
A MANNER as to injure or endanger his or her THE CHILD'S OWN 1,753
health or morals or the health or morals of others; 1,754
(D) Any child who attempts to enter the marriage relation 1,756
in any state without the consent of his or her parents, 1,757
custodian, or legal guardian or other legal authority; 1,759
(E) Any child who is found in a disreputable place, visits 1,761
or patronizes a place prohibited by law, or associates with 1,762
vagrant, vicious, criminal, notorious, or immoral persons; 1,763
(F) Any child who engages in an occupation prohibited by 1,765
law or is in a situation dangerous to life or limb or injurious 1,766
to his or her health or morals or the health or morals of others; 1,768
(G) Any child who violates a law, other than division (A) 1,770
of section 2923.211 of the Revised Code, that is applicable only 1,772
to a child.
Sec. 2151.07. The juvenile court is a court of record and 1,781
IS within the division of domestic relations, JUVENILE DIVISION, 1,783
or probate DIVISION of the court of common pleas AS PROVIDED IN 1,784
SECTION 2301.03 OF THE REVISED CODE, except that the juvenile 1,785
courts of Cuyahoga county and Hamilton county shall be separate 1,786
divisions of the court of common pleas. The juvenile court has 1,787
and shall exercise the powers and jurisdiction conferred in 1,788
sections 2151.01 to 2151.99 CHAPTERS 2151. AND 2152. of the 1,790
Revised Code.
Whenever the juvenile judge of the juvenile court IS SICK, 1,792
is absent from the county, or is unable to attend court, or the 1,794
volume of cases pending in court necessitates it, upon the 1,795
request of said THE JUVENILE judge, the presiding judge of the 1,797
court of common pleas PURSUANT TO DIVISION (AA) OF SECTION 1,798
2301.13 OF THE REVISED CODE shall assign a judge of the court of 1,799
42
common pleas of the county to act in his THE JUVENILE JUDGE'S 1,800
place or in conjunction with him THE JUVENILE JUDGE. If no such 1,801
judge OF THE COURT OF COMMON PLEAS is available for said THAT 1,803
purpose, the chief justice of the supreme court shall assign a 1,805
judge of the court of common pleas, a juvenile judge, or a 1,806
probate judge from some other A DIFFERENT county to act in the 1,808
place of such THAT JUVENILE judge or in conjunction with him THAT 1,810
JUVENILE JUDGE, who shall receive such THE compensation and 1,812
expenses for his services as SO SERVING THAT is provided by law 1,815
for judges assigned to hold court in courts of common pleas. 1,816
Sec. 2151.08. In Hamilton county, the powers and 1,825
jurisdiction of the juvenile court as conferred by Chapter 1,827
CHAPTERS 2151. AND 2152. of the Revised Code shall be exercised 1,828
by that THE judge of the court of common pleas whose term begins 1,829
on January 1, 1957, and his THAT JUDGE'S successors and that BY 1,831
THE judge of the court of common pleas whose term begins on 1,835
February 14, 1967, and his THAT JUDGE'S successors as provided by 1,836
section 2301.03 of the Revised Code. This conferral of powers 1,837
and jurisdiction on such THE SPECIFIED judges shall be deemed a 1,839
creation of a separately and independently created and
established juvenile court in Hamilton county, Ohio. Such THE 1,840
SPECIFIED judges shall serve in each and every position where the 1,842
statutes permit or require a juvenile judge to serve. 1,843
Sec. 2151.12. (A) Except as otherwise provided in this 1,853
division, whenever a court of common pleas, division of domestic 1,854
relations, exercises the powers and jurisdictions conferred in 1,855
Chapter CHAPTERS 2151. AND 2152. of the Revised Code, the judge 1,857
or judges of that division or, if applicable, the judge of that
division who specifically is designated by section 2301.03 of the 1,858
Revised Code as being responsible for administering sections 1,860
2151.13, 2151.16, 2151.17, and 2151.18, AND 2152.71 of the 1,862
Revised Code shall be the clerk of the court for all records 1,864
filed with the court pursuant to Chapter 2151. OR 2152. of the 1,865
Revised Code or pursuant to any other section of the Revised Code 1,866
43
that requires documents to be filed with a juvenile judge or a 1,867
juvenile court. If, in a division of domestic relations of a 1,868
court of common pleas that exercises the powers and jurisdiction 1,869
conferred in Chapter CHAPTERS 2151. AND 2152. of the Revised 1,871
Code, the judge of the division, both judges in a two-judge 1,872
division, or a majority of the judges in a division with three or 1,873
more judges and the clerk of the court of common pleas agree in 1,874
an agreement that is signed by the agreeing judge or judges and 1,875
the clerk and entered into formally in the journal of the court, 1,876
the clerk of courts of common pleas shall keep the records filed
with the court pursuant to Chapter 2151. OR 2152. of the Revised 1,877
Code or pursuant to any other section of the Revised Code that 1,880
requires documents to be filed with a juvenile judge or a
juvenile court. 1,881
Whenever the juvenile judge, or a majority of the juvenile 1,884
judges of a multi-judge juvenile division, of a court of common 1,885
pleas, juvenile division, and the clerk of the court of common 1,886
pleas agree in an agreement that is signed by the judge and the 1,887
clerk and entered formally in the journal of the court, the 1,888
clerks of courts of common pleas shall keep the records of such 1,889
THOSE courts. In all other cases, the juvenile judge shall be 1,891
the clerk of the judge's own court.
(B) In counties in which the juvenile judge is clerk of 1,893
the judge's own court, before entering upon the duties of office 1,894
as such THE clerk, the judge shall execute and file with the 1,895
county treasurer a bond in a sum to be determined by the board of 1,896
county commissioners, with sufficient surety to be approved by 1,897
the board, conditioned for the faithful performance of duties as 1,898
clerk. The bond shall be given for the benefit of the county, 1,899
the state, or any person who may suffer loss by reason of a 1,900
default in any of the conditions of the bond. 1,901
Sec. 2151.14. (A) The chief probation officer, under the 1,910
direction of the juvenile judge, shall have charge of the work of 1,911
the probation department. The department shall make any 1,912
44
investigations that the judge directs, keep a written record of 1,913
the investigations, and submit the record to the judge or deal 1,914
with them as the judge directs. The department shall furnish to 1,915
any person placed on probation a statement of the conditions of 1,916
probation and shall instruct the person regarding them. The 1,917
department shall keep informed concerning the conduct and 1,919
condition of each person under its supervision and shall report 1,920
on their conduct and condition to the judge as the judge directs. 1,921
Each probation officer shall use all suitable methods to aid 1,922
persons on probation and to bring about improvement in their 1,923
conduct and condition. The department shall keep full records of 1,924
its work, keep accurate and complete accounts of money collected 1,925
from persons under its supervision, give receipts for the money, 1,926
and make reports on the money as the judge directs. 1,927
(B) Except as provided in division (C) or (D) of this 1,929
section, the reports and records of the department shall be 1,930
considered confidential information and shall not be made public. 1,931
A probation officer may serve the process of the court within or 1,932
without the county, make arrests without warrant upon reasonable 1,934
information or upon view of the violation of this chapter, detain 1,935
the person arrested pending the issuance of a warrant, and 1,936
perform any other duties, incident to the office, that the judge 1,937
directs. All sheriffs, deputy sheriffs, constables, marshals, 1,938
deputy marshals, chiefs of police, municipal corporation and 1,939
township police officers, and other peace officers shall render 1,940
assistance to probation officers in the performance of their 1,941
duties when requested to do so by any probation officer. 1,942
(C) When a complaint has been filed alleging that a child 1,944
is delinquent by reason of having committed an act that would 1,945
constitute a violation of section 2907.02, 2907.03, 2907.04, 1,946
2907.05, or 2907.06 of the Revised Code if committed by an adult 1,948
and the arresting authority, a court, or a probation officer 1,949
discovers that the child or a person whom the child caused to 1,950
engage in sexual activity, as defined in section 2907.01 of the 1,951
45
Revised Code, has a communicable disease, the arresting 1,952
authority, court, or probation officer immediately shall notify 1,953
the victim of the delinquent act of the nature of the disease. 1,954
(D)(1) In accordance with division (D)(2) of this section, 1,956
subject to the limitation specified in division (D)(4) of this 1,957
section, and in connection with a disposition pursuant to section 1,958
2151.354 of the Revised Code when a child has been found to be an 1,959
unruly child, a disposition pursuant to section 2151.355 SECTIONS 1,960
2152.19 AND 2152.20 of the Revised Code when a child has been 1,962
found to be a delinquent child, or a disposition pursuant to 1,963
section 2151.356 SECTIONS 2152.20 AND 2152.21 of the Revised Code 1,965
when a child has been found to be a juvenile traffic offender, 1,966
the court may issue an order requiring boards of education, 1,967
governing bodies of chartered nonpublic schools, public children 1,968
services agencies, private child placing agencies, probation 1,969
departments, law enforcement agencies, and prosecuting attorneys 1,970
that have records related to the child in question to provide 1,971
copies of one or more specified records, or specified information 1,972
in one or more specified records, that the individual or entity 1,973
has with respect to the child to any of the following individuals 1,974
or entities that request the records in accordance with division 1,975
(D)(3)(a) of this section:
(a) The child; 1,977
(b) The attorney or guardian ad litem of the child; 1,979
(c) A parent, guardian, or custodian of the child; 1,981
(d) A prosecuting attorney; 1,983
(e) A board of education of a public school district; 1,985
(f) A probation department of a juvenile court; 1,987
(g) A public children services agency or private child 1,989
placing agency that has custody of the child, is providing 1,990
services to the child or the child's family, or is preparing a 1,991
social history or performing any other function for the juvenile 1,992
court;
(h) The department of youth services when the department 1,994
46
has custody of the child or is performing any services for the 1,995
child that are required by the juvenile court or by statute; 1,996
(i) The individual in control of a juvenile detention or 1,998
rehabilitation facility to which the child has been committed; 1,999
(j) An employee of the juvenile court that found the child 2,001
to be an unruly child, a delinquent child, or a juvenile traffic 2,002
offender; 2,003
(k) Any other entity that has custody of the child or is 2,005
providing treatment, rehabilitation, or other services for the 2,006
child pursuant to a court order, statutory requirement, or other 2,007
arrangement. 2,008
(2) Any individual or entity listed in divisions (D)(1)(a) 2,010
to (k) of this section may file a motion with the court that 2,011
requests the court to issue an order as described in division 2,012
(D)(1) of this section. If such a motion is filed, the court 2,013
shall conduct a hearing on it. If at the hearing the movant 2,014
demonstrates a need for one or more specified records, or for 2,015
information in one or more specified records, related to the 2,016
child in question and additionally demonstrates the relevance of 2,017
the information sought to be obtained from those records, and if 2,018
the court determines that the limitation specified in division 2,019
(D)(4) of this section does not preclude the provision of a 2,020
specified record or specified information to the movant, then the 2,021
court may issue an order to a designated individual or entity to 2,022
provide the movant with copies of one or more specified records 2,023
or with specified information contained in one or more specified 2,024
records. 2,025
(3)(a) Any individual or entity that is authorized by an 2,027
order issued pursuant to division (D)(1) of this section to 2,028
obtain copies of one or more specified records, or specified 2,029
information, related to a particular child may file a written 2,030
request for copies of the records or for the information with any 2,031
individual or entity required by the order to provide copies of 2,032
the records or the information. The request shall be in writing, 2,033
47
describe the type of records or the information requested, 2,034
explain the need for the records or the information, and be 2,035
accompanied by a copy of the order. 2,036
(b) If an individual or entity that is required by an 2,038
order issued pursuant to division (D)(1) of this section to 2,039
provide one or more specified records, or specified information, 2,040
related to a child receives a written request for the records or 2,041
information in accordance with division (D)(3)(a) of this 2,042
section, the individual or entity immediately shall comply with 2,043
the request to the extent it is able to do so, unless the 2,044
individual or entity determines that it is unable to comply with 2,045
the request because it is prohibited by law from doing so, or 2,046
unless the requesting individual or entity does not have 2,047
authority to obtain the requested records or information. If the 2,048
individual or entity determines that it is unable to comply with 2,049
the request, it shall file a motion with the court that issued 2,050
the order requesting the court to determine the extent to which 2,051
it is required to comply with the request for records or 2,052
information. Upon the filing of the motion, the court 2,053
immediately shall hold a hearing on the motion, determine the 2,054
extent to which the movant is required to comply with the request 2,055
for records or information, and issue findings of fact and 2,056
conclusions of law in support of its determination. The 2,057
determination of the court shall be final. If the court 2,058
determines that the movant is required to comply with the request 2,059
for records or information, it shall identify the specific 2,060
records or information that must be supplied to the individual or 2,061
entity that requested the records or information. 2,062
(c) If an individual or entity is required to provide 2,064
copies of one or more specified records pursuant to division (D) 2,065
of this section, the individual or entity may charge a fee for 2,066
the copies that does not exceed the cost of supplying them. 2,067
(4) Division (D) of this section does not require, 2,069
authorize, or permit the dissemination of any records or any 2,070
48
information contained in any records if the dissemination of the 2,071
records or information generally is prohibited by any provision 2,072
of the Revised Code and a specific provision of the Revised Code 2,073
does not specifically authorize or permit the dissemination of 2,074
the records or information pursuant to division (D) of this 2,075
section.
Sec. 2151.141. (A) If a complaint filed with respect to a 2,084
child pursuant to section 2151.27 of the Revised Code alleges 2,085
that a child is an abused, neglected, or dependent child, any 2,086
individual or entity that is listed in divisions (D)(1)(a) to (k) 2,087
of section 2151.14 of the Revised Code and that is investigating 2,088
whether the child is an abused, neglected, or dependent child, 2,089
has custody of the child, is preparing a social history for the 2,090
child, or is providing any services for the child may request any 2,091
board of education, governing body of a chartered nonpublic 2,092
school, public children services agency, private child placing 2,093
agency, probation department, law enforcement agency, or 2,094
prosecuting attorney that has any records related to the child to 2,095
provide the individual or entity with a copy of the records. The 2,096
request shall be in writing, describe the type of records 2,097
requested, explain the need for the records, be accompanied by a 2,098
copy of the complaint, and describe the relationship of the 2,099
requesting individual or entity to the child. The individual or 2,100
entity shall provide a copy of the request to the child in 2,101
question, the attorney or guardian ad litem of the child, and the 2,102
parent, guardian, or custodian of the child. 2,103
(B)(1) Any board of education, governing body of a 2,105
chartered nonpublic school, public children services agency, 2,106
private child placing agency, probation department, law 2,107
enforcement agency, or prosecuting attorney that has any records 2,108
related to a child who is the subject of a complaint as described 2,109
in division (A) of this section and that receives a request for a 2,110
copy of the records pursuant to division (A) of this section 2,111
shall comply with the request, unless the individual or entity 2,112
49
determines that it is unable to do so because it is prohibited by 2,113
law from complying with the request, the request does not comply 2,114
with division (A) of this section, or a complaint as described in 2,115
division (A) of this section has not been filed with respect to 2,116
the child who is the subject of the requested records. If the 2,117
individual or entity determines that it is unable to comply with 2,118
the request, it shall file a motion with the court in which the 2,119
complaint as described in division (A) of this section was filed 2,120
or was alleged to have been filed requesting the court to 2,121
determine the extent to which it is required to comply with the 2,122
request for records. Upon the filing of the motion, the court 2,123
immediately shall hold a hearing on the motion, determine the 2,124
extent to which the movant is required to comply with the request 2,125
for records, and issue findings of fact and conclusions of law in 2,126
support of its determination. The determination of the court 2,127
shall be final. If the court determines that the movant is 2,128
required to comply with the request for records, it shall 2,129
identify the specific records that must be supplied to the 2,130
individual or entity that requested them. 2,131
(2) In addition to or in lieu of the motion described in 2,133
division (B)(1) of this section, a law enforcement agency or 2,134
prosecuting attorney that receives a request for a copy of 2,135
records pursuant to division (A) of this section may file a 2,136
motion for a protective order as described in this division with 2,137
the court in which the complaint as described in division (A) of 2,138
this section was filed or alleged to have been filed. Upon the 2,139
filing of such a motion, the court shall conduct a hearing on the 2,140
motion. If at the hearing the law enforcement agency or 2,141
prosecuting attorney demonstrates that any of the following 2,142
applies and if, after considering the purposes for which the 2,143
records were requested pursuant to division (A) of this section, 2,144
the best interest of the child, and any demonstrated need to 2,145
prevent specific information in the records from being disclosed, 2,146
the court determines that the issuance of a protective order is 2,147
50
necessary, then the court shall issue a protective order that 2,148
appropriately limits the disclosure of one or more specified 2,149
records or specified information in one or more specified 2,150
records: 2,151
(a) The records or information in the records relate to a 2,153
case in which the child is alleged to be a delinquent child or a 2,154
case in which a child is bound over TRANSFERRED for trial as an 2,155
adult pursuant to section 2151.26 2152.12 of the Revised Code and 2,157
Juvenile Rule 30, and the adjudication hearing in the case, the 2,159
trial in the case, or other disposition of the case has not been 2,160
concluded.
(b) The records in question, or the records containing the 2,162
information in question, are confidential law enforcement 2,163
investigatory records, as defined in section 149.43 of the 2,164
Revised Code. 2,165
(c) The records or information in the records relate to a 2,167
case in which the child is or was alleged to be a delinquent 2,168
child or to a case in which a child is or was bound over 2,169
TRANSFERRED for trial as an adult pursuant to section 2151.26 2,171
2152.12 of the Revised Code and Juvenile Rule 30; another case is 2,173
pending against any child or any adult in which the child is 2,174
alleged to be a delinquent child, the child is so bound over 2,175
TRANSFERRED for trial as an adult, or the adult is alleged to be 2,177
a criminal offender; the allegations in the case to which the 2,178
records or information relate and the allegations in the other 2,179
case are based on the same act or transaction, are based on two 2,180
or more connected transactions or constitute parts of a common 2,181
scheme or plan, or are part of a course of criminal conduct; and 2,182
the adjudication hearing in, trial in, or other disposition of 2,183
the other case has not been concluded. 2,184
(C) If an individual or entity is required to provide 2,186
copies of records pursuant to this section, the individual or 2,187
entity may charge a fee for the copies that does not exceed the 2,188
cost of supplying them. 2,189
51
(D) This section shall not be construed to require, 2,191
authorize, or permit, and does not require, authorize, or permit, 2,192
the dissemination of any records or any information contained in 2,193
any records if the dissemination of the records or information 2,194
generally is prohibited by any provision of the Revised Code and 2,195
a specific provision of the Revised Code does not specifically 2,196
authorize or permit the dissemination of the records or 2,197
information pursuant to this section. 2,198
Sec. 2151.18. (A) THE JUVENILE COURT SHALL MAINTAIN 2,200
RECORDS OF ALL OFFICIAL CASES BROUGHT BEFORE IT, INCLUDING AN 2,201
APPEARANCE DOCKET, A JOURNAL, AND A CASHBOOK. THE PARENTS OF ANY 2,202
CHILD AFFECTED, IF THEY ARE LIVING, OR THE NEAREST OF KIN OF THE 2,204
CHILD, IF THE PARENTS ARE DECEASED, MAY INSPECT THESE RECORDS, 2,205
EITHER IN PERSON OR BY COUNSEL DURING THE HOURS IN WHICH THE 2,206
COURT IS OPEN.
(B) NOT LATER THAN JUNE OF EACH YEAR, THE COURT SHALL 2,208
PREPARE AN ANNUAL REPORT COVERING THE PRECEDING CALENDAR YEAR 2,209
SHOWING THE NUMBER AND KINDS OF CASES THAT HAVE COME BEFORE IT, 2,210
THE DISPOSITION OF THE CASES, AND ANY OTHER DATA PERTAINING TO 2,211
THE WORK OF THE COURT THAT THE JUVENILE JUDGE DIRECTS. THE COURT 2,213
SHALL FILE COPIES OF THE REPORT WITH THE BOARD OF COUNTY
COMMISSIONERS. WITH THE APPROVAL OF THE BOARD, THE COURT MAY 2,214
PRINT OR CAUSE TO BE PRINTED COPIES OF THE REPORT FOR 2,215
DISTRIBUTION TO PERSONS AND AGENCIES INTERESTED IN THE COURT OR 2,217
COMMUNITY PROGRAM FOR DEPENDENT, NEGLECTED, ABUSED, OR DELINQUENT 2,218
CHILDREN AND JUVENILE TRAFFIC OFFENDERS. THE COURT SHALL INCLUDE 2,219
THE NUMBER OF COPIES ORDERED PRINTED AND THE ESTIMATED COST OF
EACH PRINTED COPY ON EACH COPY OF THE REPORT PRINTED FOR 2,220
DISTRIBUTION. 2,221
Sec. 2151.23. (A) The juvenile court has exclusive 2,230
original jurisdiction under the Revised Code as follows: 2,231
(1) Concerning any child who on or about the date 2,233
specified in the complaint OR INDICTMENT is alleged to be a 2,234
juvenile traffic offender or a delinquent, unruly, abused, 2,236
52
neglected, or dependent child; 2,237
(2) Subject to division (V) of section 2301.03 of the 2,239
Revised Code, to determine the custody of any child not a ward of 2,240
another court of this state; 2,241
(3) To hear and determine any application for a writ of 2,243
habeas corpus involving the custody of a child; 2,244
(4) To exercise the powers and jurisdiction given the 2,246
probate division of the court of common pleas in Chapter 5122. of 2,248
the Revised Code, if the court has probable cause to believe that 2,249
a child otherwise within the jurisdiction of the court is a
mentally ill person subject to hospitalization by court order, as 2,250
defined in section 5122.01 of the Revised Code; 2,251
(5) To hear and determine all criminal cases charging 2,253
adults with the violation of any section of this chapter; 2,254
(6) To hear and determine all criminal cases in which an 2,256
adult is charged with a violation of division (C) of section 2,257
2919.21, division (B)(1) of section 2919.22, division (B) of 2,258
section 2919.23, or section 2919.24 of the Revised Code, provided 2,259
the charge is not included in an indictment that also charges the 2,260
alleged adult offender with the commission of a felony arising 2,261
out of the same actions that are the basis of the alleged 2,262
violation of division (C) of section 2919.21, division (B)(1) of 2,263
section 2919.22, division (B) of section 2919.23, or section 2,264
2919.24 of the Revised Code; 2,265
(7) Under the interstate compact on juveniles in section 2,267
2151.56 of the Revised Code; 2,268
(8) Concerning any child who is to be taken into custody 2,270
pursuant to section 2151.31 of the Revised Code, upon being 2,271
notified of the intent to take the child into custody and the 2,272
reasons for taking the child into custody; 2,273
(9) To hear and determine requests for the extension of 2,275
temporary custody agreements, and requests for court approval of 2,276
permanent custody agreements, that are filed pursuant to section 2,277
5103.15 of the Revised Code; 2,278
53
(10) To hear and determine applications for consent to 2,280
marry pursuant to section 3101.04 of the Revised Code; 2,281
(11) Subject to division (V) of section 2301.03 of the 2,283
Revised Code, to hear and determine a request for an order for 2,284
the support of any child if the request is not ancillary to an 2,285
action for divorce, dissolution of marriage, annulment, or legal 2,286
separation, a criminal or civil action involving an allegation of 2,287
domestic violence, or an action for support brought under Chapter 2,288
3115. of the Revised Code; 2,289
(12) Concerning an action commenced under section 121.38 2,291
of the Revised Code; 2,292
(13) Concerning an action commenced under section 2151.55 2,294
of the Revised Code.
(B) The juvenile court has original jurisdiction under the 2,296
Revised Code: 2,297
(1) To hear and determine all cases of misdemeanors 2,299
charging adults with any act or omission with respect to any 2,300
child, which act or omission is a violation of any state law or 2,301
any municipal ordinance; 2,302
(2) To determine the paternity of any child alleged to 2,304
have been born out of wedlock pursuant to sections 3111.01 to 2,305
3111.19 of the Revised Code; 2,306
(3) Under the uniform interstate family support act in 2,310
Chapter 3115. of the Revised Code;
(4) To hear and determine an application for an order for 2,312
the support of any child, if the child is not a ward of another 2,313
court of this state; 2,314
(5) To hear and determine an action commenced under 2,316
section 5101.314 of the Revised Code. 2,317
(C) The juvenile court, except as to juvenile courts that 2,319
are a separate division of the court of common pleas or a 2,320
separate and independent juvenile court, has jurisdiction to 2,321
hear, determine, and make a record of any action for divorce or 2,322
legal separation that involves the custody or care of children 2,323
54
and that is filed in the court of common pleas and certified by 2,324
the court of common pleas with all the papers filed in the action 2,325
to the juvenile court for trial, provided that no certification 2,326
of that nature shall be made to any juvenile court unless the 2,328
consent of the juvenile judge first is obtained. After a 2,329
certification of that nature is made and consent is obtained, the 2,331
juvenile court shall proceed as if the action originally had been 2,332
begun in that court, except as to awards for spousal support or 2,333
support due and unpaid at the time of certification, over which 2,334
the juvenile court has no jurisdiction.
(D) The juvenile court has jurisdiction to hear and 2,336
determine all matters as to custody and support of children duly 2,337
certified by the court of common pleas to the juvenile court 2,338
after a divorce decree has been granted, including jurisdiction 2,339
to modify the judgment and decree of the court of common pleas as 2,340
the same relate to the custody and support of children. 2,341
(E) The juvenile court has jurisdiction to hear and 2,343
determine the case of any child certified to the court by any 2,344
court of competent jurisdiction if the child comes within the 2,345
jurisdiction of the juvenile court as defined by this section. 2,346
(F)(1) The juvenile court shall exercise its jurisdiction 2,348
in child custody matters in accordance with sections 3109.04, 2,349
3109.21 to 3109.36, and 5103.20 to 5103.28 of the Revised Code. 2,350
(2) The juvenile court shall exercise its jurisdiction in 2,352
child support matters in accordance with section 3109.05 of the 2,353
Revised Code. 2,354
(G)(1) Each order for child support made or modified by a 2,356
juvenile court shall include as part of the order a general 2,358
provision, as described in division (A)(1) of section 3113.21 of 2,359
the Revised Code, requiring the withholding or deduction of 2,360
income or assets of the obligor under the order as described in 2,362
division (D) of section 3113.21 of the Revised Code, or another 2,363
type of appropriate requirement as described in division (D)(3), 2,364
(D)(4), or (H) of that section, to ensure that withholding or 2,366
55
deduction from the income or assets of the obligor is available 2,368
from the commencement of the support order for collection of the 2,369
support and of any arrearages that occur; a statement requiring 2,370
all parties to the order to notify the child support enforcement 2,371
agency in writing of their current mailing address, current 2,372
residence address, current residence telephone number, and 2,373
current driver's license number, and any changes to that 2,375
information; and a notice that the requirement to notify the 2,377
child support enforcement agency of all changes to that
information continues until further notice from the court. Any 2,379
juvenile court that makes or modifies an order for child support 2,380
shall comply with sections 3113.21 to 3113.219 of the Revised 2,382
Code. If any person required to pay child support under an order 2,383
made by a juvenile court on or after April 15, 1985, or modified 2,384
on or after December 1, 1986, is found in contempt of court for 2,385
failure to make support payments under the order, the court that 2,386
makes the finding, in addition to any other penalty or remedy 2,387
imposed, shall assess all court costs arising out of the contempt 2,388
proceeding against the person and require the person to pay any 2,389
reasonable attorney's fees of any adverse party, as determined by 2,390
the court, that arose in relation to the act of contempt. 2,391
(2) Notwithstanding section 3109.01 of the Revised Code, 2,393
if a juvenile court issues a child support order under this 2,394
chapter, the order shall remain in effect beyond the child's 2,395
eighteenth birthday as long as the child continuously attends on 2,396
a full-time basis any recognized and accredited high school or 2,397
the order provides that the duty of support of the child 2,398
continues beyond the child's eighteenth birthday. Except in 2,399
cases in which the order provides that the duty of support 2,400
continues for any period after the child reaches nineteen years 2,401
of age the order shall not remain in effect after the child 2,402
reaches nineteen years of age. Any parent ordered to pay support 2,404
under a child support order issued under this chapter shall 2,405
continue to pay support under the order, including during 2,406
56
seasonal vacation periods, until the order terminates. 2,407
(H) If a child who is charged with an act that would be an 2,409
offense if committed by an adult was fourteen years of age or 2,410
older and under eighteen years of age at the time of the alleged 2,411
act and if the case is transferred for criminal prosecution 2,412
pursuant to section 2151.26 2152.12 of the Revised Code, the 2,414
juvenile court does not have jurisdiction to hear or determine 2,416
the case subsequent to the transfer. The court to which the case 2,417
is transferred for criminal prosecution pursuant to that section 2,418
has jurisdiction subsequent to the transfer to hear and determine 2,419
the case in the same manner as if the case originally had been 2,420
commenced in that court, including, but not limited to,
jurisdiction to accept a plea of guilty or another plea 2,421
authorized by Criminal Rule 11 or another section of the Revised 2,423
Code and jurisdiction to accept a verdict and to enter a judgment 2,424
of conviction pursuant to the Rules of Criminal Procedure against 2,425
the child for the commission of the offense that was the basis of 2,426
the transfer of the case for criminal prosecution, whether the 2,427
conviction is for the same degree or a lesser degree of the 2,428
offense charged, for the commission of a lesser-included offense, 2,429
or for the commission of another offense that is different from 2,430
the offense charged. 2,431
(I)(1) If a person under eighteen years of age allegedly 2,434
commits an act that would be a felony if committed by an adult 2,435
and, if the person is not taken into custody or apprehended for 2,436
that act until after the person attains twenty-one years of age, 2,437
AND IF THE CASE IS NOT ELIGIBLE FOR DISCRETIONARY EXTENDED 2,438
JUVENILE JURISDICTION DISPOSITION UNDER SECTIONS 2152.11 AND 2,439
2152.15 OF THE REVISED CODE, the juvenile court does not have 2,440
jurisdiction to hear or determine any portion of the case
charging the person with committing that act. In those 2,441
circumstances, divisions (A), (B), and (C) of section 2151.26 2,442
2152.12 of the Revised Code do not apply regarding the act, AND 2,444
the case charging the person with committing the act shall be a 2,445
57
criminal prosecution commenced and heard in the appropriate court 2,446
having jurisdiction of the offense as if the person had been 2,447
eighteen years of age or older when the person committed the act, 2,448
all. ALL proceedings pertaining to the act shall be within the 2,450
jurisdiction of the court having jurisdiction of the offense, and 2,451
the THAT court having jurisdiction of the offense has all the 2,453
authority and duties in the case as THAT it has in other criminal 2,455
cases commenced in that court. 2,456
(2) IF A PERSON UNDER EIGHTEEN YEARS OF AGE ALLEGEDLY 2,458
COMMITS AN ACT THAT WOULD BE A FELONY IF COMMITTED BY AN ADULT, 2,459
IF THE PERSON IS NOT TAKEN INTO CUSTODY OR APPREHENDED FOR THAT 2,461
ACT UNTIL AFTER THE PERSON ATTAINS TWENTY-ONE YEARS OF AGE, AND 2,462
IF THE CASE IS ELIGIBLE FOR DISCRETIONARY EXTENDED JUVENILE 2,463
JURISDICTION DISPOSITION UNDER SECTIONS 2152.11 AND 2152.15 OF 2,464
THE REVISED CODE, THE JUVENILE COURT MAY TRANSFER THE CASE TO THE 2,466
APPROPRIATE COURT FOR CRIMINAL PROSECUTION PURSUANT TO SECTION 2,467
2152.12 OF THE REVISED CODE OR MAY RETAIN JURISDICTION AND IMPOSE 2,468
A DISPOSITION UNDER SECTION 2152.15 OF THE REVISED CODE. 2,469
Sec. 2151.24. The (A) EXCEPT AS PROVIDED IN DIVISION (B) 2,479
OF THIS SECTION, THE board of county commissioners shall provide 2,480
a special room not used for the trial of criminal or adult cases, 2,481
when available, for the hearing of the cases of dependent, 2,482
neglected, abused, and delinquent children.
(B) DIVISION (A) OF THIS SECTION DOES NOT APPLY TO THE 2,484
CASE OF AN ALLEGED DELINQUENT CHILD WHEN THE CASE IS ONE IN WHICH 2,485
THE PROSECUTING ATTORNEY SEEKS A SERIOUS YOUTHFUL OFFENDER 2,486
DISPOSITION UNDER SECTION 2152.13 OF THE REVISED CODE. 2,487
Sec. 2151.27. (A) Any person having knowledge of a child 2,496
who appears to be a juvenile traffic offender or to be a 2,497
delinquent, AN unruly, abused, neglected, or dependent child may 2,498
file a sworn complaint with respect to that child in the juvenile 2,499
court of the county in which the child has a residence or legal 2,500
settlement or in which the traffic offense, delinquency, 2,501
unruliness, abuse, neglect, or dependency allegedly occurred. If 2,502
58
an alleged abused, neglected, or dependent child is taken into 2,503
custody pursuant to division (D) of section 2151.31 of the 2,504
Revised Code or is taken into custody pursuant to division (A) of 2,506
section 2151.31 of the Revised Code without the filing of a
complaint and placed into shelter care pursuant to division (C) 2,507
of that section, a sworn complaint shall be filed with respect to 2,509
the child before the end of the next day after the day on which 2,510
the child was taken into custody. The sworn complaint may be 2,511
upon information and belief, and, in addition to the allegation 2,512
that the child is a delinquent, AN unruly, abused, neglected, or 2,514
dependent child or a juvenile traffic offender, the complaint 2,515
shall allege the particular facts upon which the allegation that 2,516
the child is a delinquent, AN unruly, abused, neglected, or 2,518
dependent child or a juvenile traffic offender is based. 2,519
(B) If a child, before arriving at the age of eighteen 2,521
years, allegedly commits an act for which the child may be 2,522
adjudicated a delinquent child, an unruly child, or a juvenile 2,523
traffic offender and if the specific complaint alleging the act 2,524
is not filed or a hearing on that specific complaint is not held 2,525
until after the child arrives at the age of eighteen years, the 2,526
court has jurisdiction to hear and dispose of the complaint as if 2,527
the complaint were filed and the hearing held before the child 2,528
arrived at the age of eighteen years. 2,529
(C) If the complainant in a case in which a child is 2,531
alleged to be an abused, neglected, or dependent child desires 2,532
permanent custody of the child or children, temporary custody of 2,533
the child or children, whether as the preferred or an alternative 2,534
disposition, or the placement of the child in a planned permanent 2,535
living arrangement, the complaint shall contain a prayer 2,537
specifically requesting permanent custody, temporary custody, or 2,538
the placement of the child in a planned permanent living 2,539
arrangement. 2,540
(D) For purposes of the record to be maintained by the 2,542
clerk under division (B) of section 2151.18 of the Revised Code, 2,543
59
when a complaint is filed that alleges that a child is a 2,544
delinquent child, the court shall determine if the victim of the 2,545
alleged delinquent act was sixty-five years of age or older or 2,546
permanently and totally disabled at the time of the alleged 2,547
commission of the act. 2,548
(E) Any person with standing under applicable law may file 2,550
a complaint for the determination of any other matter over which 2,551
the juvenile court is given jurisdiction by section 2151.23 of 2,552
the Revised Code. The complaint shall be filed in the county in 2,553
which the child who is the subject of the complaint is found or 2,554
was last known to be found. 2,555
(F) Within ten days after the filing of a complaint, the 2,557
court shall give written notice of the filing of the complaint 2,558
and of the substance of the complaint to the superintendent of a 2,559
city, local, exempted village, or joint vocational school 2,560
district if the complaint alleges that a child committed an act 2,561
that would be a criminal offense if committed by an adult, that 2,563
the child was sixteen years of age or older at the time of the 2,564
commission of the alleged act, and that the alleged act is any of 2,565
the following:
(1) A violation of section 2923.122 of the Revised Code 2,567
that relates to property owned or controlled by, or to an 2,568
activity held under the auspices of, the board of education of 2,569
that school district; 2,570
(2) A violation of section 2923.12 of the Revised Code, of 2,572
a substantially similar municipal ordinance, or of section 2,573
2925.03 of the Revised Code that was committed on property owned 2,574
or controlled by, or at an activity held under the auspices of, 2,575
the board of education of that school district; 2,576
(3) A violation of section 2925.11 of the Revised Code 2,578
that was committed on property owned or controlled by, or at an 2,580
activity held under the auspices of, the board of education of 2,581
that school district, other than a violation of that section that 2,582
would be a minor drug possession offense, as defined in section
60
2925.01 of the Revised Code, if committed by an adult; 2,583
(4) A violation of section 2903.01, 2903.02, 2903.03, 2,585
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised 2,587
Code, or a violation of former section 2907.12 of the Revised
Code, that was committed on property owned or controlled by, or 2,589
at an activity held under the auspices of, the board of education 2,590
of that school district, if the victim at the time of the 2,591
commission of the alleged act was an employee of the board of
education of that school district. 2,592
(5) Complicity in any violation described in division 2,594
(F)(1), (2), (3), or (4) of this section that was alleged to have 2,595
been committed in the manner described in division (F)(1), (2), 2,596
(3), or (4) of this section, regardless of whether the act of 2,597
complicity was committed on property owned or controlled by, or 2,598
at an activity held under the auspices of, the board of education 2,599
of that school district. 2,600
(G)(E) A public children services agency, acting pursuant 2,602
to a complaint or an action on a complaint filed under this 2,604
section, is not subject to the requirements of section 3109.27 of 2,605
the Revised Code.
Sec. 2151.271. If the child resides in a county of the 2,614
state and the proceeding is commenced in a juvenile court of 2,615
another county, that court, on its own motion or a motion of a 2,616
party, may transfer the proceeding to the county of the child's 2,617
residence upon the filing of the complaint OR THE INDICTMENT OF 2,618
THE CHILD or after the adjudicatory, or dispositional hearing, 2,619
for such further proceeding as required. The court of the 2,620
child's residence shall then proceed as if the original complaint 2,621
had been filed OR THE CHILD HAD BEEN INDICTED in that court. 2,622
Transfer may also be made if the residence of the child changes. 2,623
The proceeding shall be so transferred if other proceedings 2,624
involving the child are pending in the juvenile court of the
county of his THE CHILD'S residence. 2,625
Whenever a case is transferred to the county of the child's 2,627
61
residence and it appears to the court of that county that the 2,628
interests of justice and the convenience of the parties requires 2,629
that the adjudicatory hearing be had in the county wherein IN 2,630
WHICH the complaint was filed OR THE CHILD WAS INDICTED, the 2,631
court may return the proceeding to the county wherein IN WHICH 2,632
the complaint was filed OR THE CHILD WAS INDICTED for the purpose 2,633
of such THE adjudicatory hearing. The court may thereafter 2,634
proceed as to the transfer to the county of the child's legal 2,636
residence as provided in this section. 2,637
Certified copies of all legal and social records pertaining 2,639
to the case shall accompany the transfer. 2,640
Sec. 2151.28. (A) No later than seventy-two hours after 2,649
the complaint is filed OR THE CHILD IS INDICTED, the court shall 2,651
fix a time for an adjudicatory hearing. The court shall conduct 2,652
the adjudicatory hearing within one of the following periods of 2,653
time:
(1) If SUBJECT TO DIVISION (C) OF SECTION 2152.13 OF THE 2,655
REVISED CODE, IF the complaint OR INDICTMENT alleged that the 2,656
child is a delinquent or unruly child or a juvenile traffic 2,657
offender, the adjudicatory hearing shall be held and may be 2,658
continued in accordance with the Juvenile Rules. 2,659
(2) If the complaint alleged that the child is an abused, 2,661
neglected, or dependent child, the adjudicatory hearing shall be 2,662
held no later than thirty days after the complaint is filed, 2,663
except that, for good cause shown, the court may continue the 2,664
adjudicatory hearing for either of the following periods of time: 2,665
(a) For ten days beyond the thirty-day deadline to allow 2,667
any party to obtain counsel; 2,668
(b) For a reasonable period of time beyond the thirty-day 2,670
deadline to obtain service on all parties or any necessary 2,671
evaluation, except that the adjudicatory hearing shall not be 2,672
held later than sixty days after the date on which the complaint 2,673
was filed. 2,674
(B) At an adjudicatory hearing held pursuant to division 2,676
62
(A)(2) of this section, the court, in addition to determining 2,677
whether the child is an abused, neglected, or dependent child, 2,678
shall determine whether the child should remain or be placed in 2,679
shelter care until the dispositional hearing. When the court 2,680
makes the shelter care determination, all of the following apply: 2,681
(1) The court shall determine whether there are any 2,683
relatives of the child who are willing to be temporary custodians 2,684
of the child. If any relative is willing to be a temporary 2,685
custodian, the child otherwise would remain or be placed in 2,686
shelter care, and the appointment is appropriate, the court shall 2,687
appoint the relative as temporary custodian of the child, unless 2,688
the court appoints another relative as custodian. If it 2,689
determines that the appointment of a relative as custodian would 2,690
not be appropriate, it shall issue a written opinion setting 2,691
forth the reasons for its determination and give a copy of the 2,692
opinion to all parties and the guardian ad litem of the child. 2,693
The court's consideration of a relative for appointment as 2,695
a temporary custodian does not make that relative a party to the 2,696
proceedings. 2,697
(2) The court shall comply with section 2151.419 of the 2,700
Revised Code.
(3) The court shall schedule the date for the 2,702
dispositional hearing to be held pursuant to section 2151.35 of 2,703
the Revised Code. The parents of the child have a right to be 2,704
represented by counsel; however, in no case shall the 2,705
dispositional hearing be held later than ninety days after the 2,706
date on which the complaint was filed. 2,707
(C) The court shall direct the issuance of a summons 2,709
directed to the child except as provided by this section, the 2,710
parents, guardian, custodian, or other person with whom the child 2,711
may be, and any other persons that appear to the court to be 2,712
proper or necessary parties to the proceedings, requiring them to 2,713
appear before the court at the time fixed to answer the 2,714
allegations of the complaint OR INDICTMENT. The summons shall 2,715
63
contain the name and telephone number of the court employee 2,717
designated by the court pursuant to section 2151.314 of the 2,718
Revised Code to arrange for the prompt appointment of counsel for 2,719
indigent persons. A child alleged to be an abused, neglected, or 2,720
dependent child shall not be summoned unless the court so 2,721
directs. A summons issued for a child who is under fourteen 2,722
years of age and who is alleged to be a delinquent child, unruly 2,723
child, or a juvenile traffic offender shall be served on the 2,724
parent, guardian, or custodian of the child in the child's 2,725
behalf.
If the person who has physical custody of the child, or 2,727
with whom the child resides, is other than the parent or 2,728
guardian, then the parents and guardian also shall be summoned. 2,729
A copy of the complaint OR INDICTMENT shall accompany the 2,730
summons.
(D) If the complaint contains a prayer for permanent 2,732
custody, temporary custody, whether as the preferred or an 2,733
alternative disposition, or a planned permanent living 2,735
arrangement in a case involving an alleged abused, neglected, or 2,736
dependent child, the summons served on the parents shall contain 2,737
as is appropriate an explanation that the granting of permanent 2,738
custody permanently divests the parents of their parental rights 2,739
and privileges, an explanation that an adjudication that the 2,740
child is an abused, neglected, or dependent child may result in 2,741
an order of temporary custody that will cause the removal of the 2,742
child from their legal custody until the court terminates the 2,743
order of temporary custody or permanently divests the parents of 2,744
their parental rights, or an explanation that the issuance of an 2,745
order for a planned permanent living arrangement will cause the 2,746
removal of the child from the legal custody of the parents if any 2,748
of the conditions listed in divisions (A)(5)(a) to (c) of section 2,749
2151.353 of the Revised Code are found to exist. 2,750
(E) The court may endorse upon the summons an order 2,752
directing the parents, guardian, or other person with whom the 2,753
64
child may be to appear personally at the hearing and directing 2,754
the person having the physical custody or control of the child to 2,755
bring the child to the hearing. 2,756
(F)(1) The summons shall contain a statement advising that 2,758
any party is entitled to counsel in the proceedings and that the 2,759
court will appoint counsel or designate a county public defender 2,760
or joint county public defender to provide legal representation 2,761
if the party is indigent. 2,762
(2) In cases in which the complaint alleges a child to be 2,764
an abused, neglected, or dependent child and no hearing has been 2,765
conducted pursuant to division (A) of section 2151.314 of the 2,766
Revised Code with respect to the child or a parent, guardian, or 2,767
custodian of the child does not attend the hearing, the summons 2,768
also shall contain a statement advising that a case plan may be 2,769
prepared for the child, the general requirements usually
contained in case plans, and the possible consequences of failure 2,770
to comply with a journalized case plan. 2,771
(G) If it appears from an affidavit filed or from sworn 2,773
testimony before the court that the conduct, condition, or 2,774
surroundings of the child are endangering the child's health or 2,776
welfare or those of others, that the child may abscond or be
removed from the jurisdiction of the court, or that the child 2,777
will not be brought to the court, notwithstanding the service of 2,779
the summons, the court may endorse upon the summons an order that 2,780
a law enforcement officer serve the summons and take the child 2,781
into immediate custody and bring the child forthwith to the 2,782
court.
(H) A party, other than the child, may waive service of 2,784
summons by written stipulation. 2,785
(I) Before any temporary commitment is made permanent, the 2,787
court shall fix a time for hearing in accordance with section 2,788
2151.414 of the Revised Code and shall cause notice by summons to 2,789
be served upon the parent or guardian of the child and the 2,790
guardian ad litem of the child, or published, as provided in 2,791
65
section 2151.29 of the Revised Code. The summons shall contain 2,792
an explanation that the granting of permanent custody permanently 2,793
divests the parents of their parental rights and privileges. 2,794
(J) Any person whose presence is considered necessary and 2,796
who is not summoned may be subpoenaed to appear and testify at 2,797
the hearing. Anyone summoned or subpoenaed to appear who fails 2,799
to do so may be punished, as in other cases in the court of 2,800
common pleas, for contempt of court. Persons subpoenaed shall be 2,801
paid the same witness fees as are allowed in the court of common 2,802
pleas. 2,803
(K) The failure of the court to hold an adjudicatory 2,805
hearing within any time period set forth in division (A)(2) of 2,806
this section does not affect the ability of the court to issue 2,807
any order under this chapter and does not provide any basis for 2,808
attacking the jurisdiction of the court or the validity of any 2,809
order of the court. 2,810
(L) If the court, at an adjudicatory hearing held pursuant 2,812
to division (A) of this section upon a complaint OR INDICTMENT 2,813
alleging that a child is an abused, neglected, dependent, 2,815
delinquent, or unruly child or a juvenile traffic offender, 2,816
determines that the child is a dependent child, the court shall 2,817
incorporate that determination into written findings of fact and
conclusions of law and enter those findings of fact and 2,818
conclusions of law in the record of the case. The court shall 2,819
include in those findings of fact and conclusions of law specific 2,820
findings as to the existence of any danger to the child and any 2,821
underlying family problems that are the basis for the court's 2,822
determination that the child is a dependent child. 2,823
Sec. 2151.29. Service of summons, notices, and subpoenas, 2,832
prescribed by section 2151.28 of the Revised Code, shall be made 2,833
by delivering a copy to the person summoned, notified, or 2,834
subpoenaed, or by leaving a copy at his THE PERSON'S usual place 2,835
of residence. If the juvenile judge is satisfied that such 2,837
service is impracticable, he THE JUVENILE JUDGE may order service 2,838
66
by registered or certified mail. If the person to be served is 2,840
without the state but he THE PERSON can be found or his THE 2,842
PERSON'S address is known, or his THE PERSON'S whereabouts or 2,843
address can with reasonable diligence be ascertained, service of 2,844
the summons may be made by delivering a copy to him THE PERSON 2,845
personally or mailing a copy to him THE PERSON by registered or 2,847
certified mail. 2,848
Whenever it appears by affidavit that after reasonable 2,850
effort the person to be served with summons cannot be found or 2,851
his THE PERSON'S post-office address ascertained, whether he THE 2,853
PERSON is within or without a state, the clerk shall publish such 2,854
summons once in a newspaper of general circulation throughout the 2,855
county. The summons shall state the substance and the time and 2,856
place of the hearing, which shall be held at least one week later 2,857
than the date of the publication. A copy of the summons and the 2,858
complaint OR INDICTMENT shall be sent by registered or certified 2,859
mail to the last known address of the person summoned unless it 2,861
is shown by affidavit that a reasonable effort has been made, 2,862
without success, to obtain such address. 2,863
A copy of the advertisement, summons, and complaint OR 2,865
INDICTMENT, accompanied by the certificate of the clerk that such 2,866
publication has been made and that such summons and complaint OR 2,867
INDICTMENT have been mailed as required by this section, is 2,869
sufficient evidence of publication and mailing. When a period of 2,870
one week from the time of publication has elapsed, the juvenile 2,871
court shall have full jurisdiction to deal with such child as 2,872
provided by sections 2151.01 to 2151.99, inclusive, of the 2,873
Revised Code.
Sec. 2151.31. (A) A child may be taken into custody in 2,882
any of the following ways: 2,883
(1) Pursuant to an order of the court under this chapter; 2,885
(2) Pursuant to the laws of arrest; 2,887
(3) By a law enforcement officer or duly authorized 2,889
officer of the court when any of the following conditions are 2,890
67
present: 2,891
(a) There are reasonable grounds to believe that the child 2,893
is suffering from illness or injury and is not receiving proper 2,894
care, as described in section 2151.03 of the Revised Code, and 2,895
the child's removal is necessary to prevent immediate or 2,896
threatened physical or emotional harm; 2,898
(b) There are reasonable grounds to believe that the child 2,900
is in immediate danger from the child's surroundings and that the 2,902
child's removal is necessary to prevent immediate or threatened 2,903
physical or emotional harm; 2,904
(c) There are reasonable grounds to believe that a parent, 2,906
guardian, custodian, or other household member of the child's 2,907
household has abused or neglected another child in the household 2,908
and to believe that the child is in danger of immediate or 2,909
threatened physical or emotional harm from that person. 2,910
(4) By an enforcement official, as defined in section 2,912
4109.01 of the Revised Code, under the circumstances set forth in 2,913
section 4109.08 of the Revised Code; 2,914
(5) By a law enforcement officer or duly authorized 2,916
officer of the court when there are reasonable grounds to believe 2,917
that the child has run away from the child's parents, guardian, 2,919
or other custodian; 2,920
(6) By a law enforcement officer or duly authorized 2,922
officer of the court when any of the following apply: 2,923
(a) There are reasonable grounds to believe that the 2,925
conduct, conditions, or surroundings of the child are endangering 2,926
the health, welfare, or safety of the child. 2,927
(b) A complaint has been filed with respect to the child 2,929
under section 2151.27 of the Revised Code OR THE CHILD HAS BEEN 2,930
INDICTED UNDER DIVISION (C) OF SECTION 2152.13 OF THE REVISED 2,931
CODE and there are reasonable grounds to believe that the child 2,932
may abscond or be removed from the jurisdiction of the court. 2,933
(c) The child is required to appear in court and there are 2,935
reasonable grounds to believe that the child will not be brought 2,936
68
before the court when required. 2,937
(B)(1) The taking of a child into custody is not and shall 2,939
not be deemed an arrest except for the purpose of determining its 2,940
validity under the constitution of this state or of the United 2,941
States. 2,942
(2) Except as provided in division (C) of section 2151.311 2,944
of the Revised Code, a child taken into custody shall not be held 2,945
in any state correctional institution, county, multicounty, or 2,947
municipal jail or workhouse, or any other place where any adult 2,948
convicted of crime, under arrest, or charged with crime is held. 2,949
(C) A child taken into custody shall not be confined in a 2,951
place of juvenile detention or placed in shelter care prior to 2,952
the implementation of the court's final order of disposition, 2,953
unless detention or shelter care is required to protect the child 2,955
from immediate or threatened physical or emotional harm, because 2,956
the child may abscond or be removed from the jurisdiction of the 2,957
court, because the child has no parents, guardian, or custodian 2,958
or other person able to provide supervision and care for the 2,959
child and return the child to the court when required, or because 2,960
an order for placement of the child in detention or shelter care 2,961
has been made by the court pursuant to this chapter. 2,962
(D) Upon receipt of notice from a person that the person 2,964
intends to take an alleged abused, neglected, or dependent child 2,965
into custody pursuant to division (A)(3) of this section, a 2,966
juvenile judge or a designated referee may grant by telephone an 2,967
ex parte emergency order authorizing the taking of the child into 2,968
custody if there is probable cause to believe that any of the 2,969
conditions set forth in divisions (A)(3)(a) to (c) of this 2,970
section are present. The judge or referee shall journalize any 2,971
ex parte emergency order issued pursuant to this division. If an 2,972
order is issued pursuant to this division and the child is taken 2,973
into custody pursuant to the order, a sworn complaint shall be 2,974
filed with respect to the child before the end of the next 2,975
business day after the day on which the child is taken into 2,976
69
custody and a hearing shall be held pursuant to division (E) of 2,977
this section and the Juvenile Rules. A juvenile judge or referee 2,978
shall not grant an emergency order by telephone pursuant to this 2,979
division until after the judge or referee determines that 2,980
reasonable efforts have been made to notify the parents, 2,982
guardian, or custodian of the child that the child may be placed 2,983
into shelter care and of the reasons for placing the child into 2,984
shelter care, except that, if the requirement for notification 2,985
would jeopardize the physical or emotional safety of the child or 2,986
result in the child being removed from the court's jurisdiction, 2,987
the judge or referee may issue the order for taking the child 2,988
into custody and placing the child into shelter care prior to 2,989
giving notice to the parents, guardian, or custodian of the 2,990
child.
(E) If a judge or referee pursuant to division (D) of this 2,992
section issues an ex parte emergency order for taking a child 2,993
into custody, the court shall hold a hearing to determine whether 2,994
there is probable cause for the emergency order. The hearing 2,995
shall be held before the end of the next business day after the 2,996
day on which the emergency order is issued, except that it shall 2,997
not be held later than seventy-two hours after the emergency 2,998
order is issued. 2,999
If the court determines at the hearing that there is not 3,001
probable cause for the issuance of the emergency order issued 3,002
pursuant to division (D) of this section, it shall order the 3,003
child released to the custody of the child's parents, guardian, 3,005
or custodian. If the court determines at the hearing that there 3,006
is probable cause for the issuance of the emergency order issued 3,007
pursuant to division (D) of this section, the court shall do all 3,009
of the following: 3,010
(1) Ensure that a complaint is filed or has been filed; 3,012
(2) Comply with section 2151.419 of the Revised Code; 3,014
(3) Hold a hearing pursuant to section 2151.314 of the 3,016
Revised Code to determine if the child should remain in shelter 3,017
70
care. 3,018
(F) If the court determines at the hearing held pursuant 3,020
to division (E) of this section that there is probable cause to 3,021
believe that the child is an abused child, as defined in division 3,022
(A) of section 2151.031 of the Revised Code, the court may do any 3,023
of the following: 3,024
(1) Upon the motion of any party, the guardian ad litem, 3,026
the prosecuting attorney, or an employee of the public children 3,027
services agency, or its own motion, issue reasonable protective 3,031
orders with respect to the interviewing or deposition of the 3,032
child;
(2) Order that the child's testimony be videotaped for 3,034
preservation of the testimony for possible use in any other 3,035
proceedings in the case; 3,036
(3) Set any additional conditions with respect to the 3,038
child or the case involving the child that are in the best 3,039
interest of the child. 3,040
(G) This section is not intended, and shall not be 3,042
construed, to prevent any person from taking a child into 3,043
custody, if taking the child into custody is necessary in an 3,044
emergency to prevent the physical injury, emotional harm, or 3,045
neglect of the child. 3,046
Sec. 2151.311. (A) A person taking a child into custody 3,055
shall, with all reasonable speed and in accordance with division 3,056
(C) of this section, either: 3,057
(1) Release the child to the child's parents, guardian, or 3,059
other custodian, unless the child's detention or shelter care 3,060
appears to be warranted or required as provided in section 3,062
2151.31 of the Revised Code; 3,063
(2) Bring the child to the court or deliver the child to a 3,065
place of detention or shelter care designated by the court and 3,066
promptly give notice thereof, together with a statement of the 3,067
reason for taking the child into custody, to a parent, guardian, 3,068
or other custodian and to the court. 3,069
71
(B) If a parent, guardian, or other custodian fails, when 3,071
requested by the court, to bring the child before the court as 3,072
provided by this section, the court may issue its warrant 3,073
directing that the child be taken into custody and brought before 3,074
the court. 3,075
(C)(1) Before taking any action required by division (A) 3,077
of this section, a person taking a child into custody may hold 3,078
the child for processing purposes in a county, multicounty, or 3,079
municipal jail or workhouse, or other place where an adult 3,080
convicted of crime, under arrest, or charged with crime is held 3,081
for either of the following periods of time: 3,082
(a) For a period not to exceed six hours, if all of the 3,084
following apply: 3,085
(i) The child is alleged to be a delinquent child for the 3,087
commission of an act that would be a felony if committed by an 3,088
adult; 3,089
(ii) The child remains beyond the range of touch of all 3,092
adult detainees;
(iii) The child is visually supervised by jail or 3,094
workhouse personnel at all times during the detention; 3,095
(iv) The child is not handcuffed or otherwise physically 3,097
secured to a stationary object during the detention. 3,098
(b) For a period not to exceed three hours, if all of the 3,100
following apply: 3,101
(i) The child is alleged to be a delinquent child for the 3,103
commission of an act that would be a misdemeanor if committed by 3,104
an adult or is alleged to be an unruly child or a juvenile 3,105
traffic offender; 3,106
(ii) The child remains beyond the range of touch of all 3,109
adult detainees;
(iii) The child is visually supervised by jail or 3,111
workhouse personnel at all times during the detention; 3,112
(iv) The child is not handcuffed or otherwise physically 3,114
secured to a stationary object during the detention. 3,115
72
(2) If a child has been transferred to an adult court for 3,117
prosecution for the alleged commission of a criminal offense, 3,118
subsequent to the transfer, the child may be held as described in 3,120
division (C)(F) of section 2151.312 2152.26 or division (B) of 3,122
section 5120.16 of the Revised Code. 3,123
(D) As used in division (C)(1) of this section, 3,125
"processing purposes" means all of the following: 3,126
(1) Fingerprinting, photographing, or fingerprinting and 3,128
photographing the child in a secure area of the facility; 3,129
(2) Interrogating the child, contacting the child's parent 3,131
or guardian, arranging for placement of the child, or arranging 3,132
for transfer or transferring the child, while holding the child 3,133
in a nonsecure area of the facility. 3,134
Sec. 2151.312. (A) A CHILD ALLEGED TO BE OR ADJUDICATED 3,136
AN UNRULY CHILD MAY BE HELD ONLY IN THE FOLLOWING PLACES: 3,138
(1) A CERTIFIED FAMILY FOSTER HOME OR A HOME APPROVED BY 3,140
THE COURT; 3,141
(2) A FACILITY OPERATED BY A CERTIFIED CHILD WELFARE 3,143
AGENCY;
(3) ANY OTHER SUITABLE PLACE DESIGNATED BY THE COURT. 3,145
(B)(1) EXCEPT AS PROVIDED UNDER DIVISION (C)(1) OF SECTION 3,148
2151.311 OF THE REVISED CODE OR DIVISION (A)(6) OF SECTION 3,150
2151.356 OF THE REVISED CODE, A CHILD ALLEGED TO BE OR 3,151
ADJUDICATED A NEGLECTED CHILD, AN ABUSED CHILD, A DEPENDENT 3,153
CHILD, OR AN UNRULY CHILD MAY NOT BE HELD IN ANY OF THE FOLLOWING 3,154
FACILITIES:
(a) A STATE CORRECTIONAL INSTITUTION, COUNTY, MULTICOUNTY, 3,156
OR MUNICIPAL JAIL OR WORKHOUSE, OR OTHER PLACE IN WHICH AN ADULT 3,157
CONVICTED OF A CRIME, UNDER ARREST, OR CHARGED WITH A CRIME IS 3,158
HELD;
(b) A SECURE CORRECTIONAL FACILITY. 3,160
(2) EXCEPT AS PROVIDED UNDER SECTIONS 2151.26 TO 2151.61 3,162
AND DIVISION (A)(6) OF SECTION 2151.356 OF THE REVISED CODE AND 3,163
DIVISION (B)(3) OF THIS SECTION, A CHILD ALLEGED TO BE OR 3,164
73
ADJUDICATED AN UNRULY CHILD MAY NOT BE HELD FOR MORE THAN 3,165
TWENTY-FOUR HOURS IN A DETENTION HOME. A CHILD ALLEGED TO BE OR 3,166
ADJUDICATED A NEGLECTED CHILD, AN ABUSED CHILD, OR A DEPENDENT 3,167
CHILD SHALL NOT BE HELD IN A DETENTION HOME. 3,168
(3) A CHILD WHO IS ALLEGED TO BE OR ADJUDICATED AN UNRULY 3,170
CHILD AND WHO IS TAKEN INTO CUSTODY ON A SATURDAY, SUNDAY, OR 3,172
LEGAL HOLIDAY, AS LISTED IN SECTION 1.14 OF THE REVISED CODE, MAY 3,173
BE HELD IN A DETENTION HOME UNTIL THE NEXT SUCCEEDING DAY THAT IS 3,175
NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY. 3,176
Sec. 2151.313. (A)(1) Except as provided in division 3,185
(A)(2) of this section and in sections 109.57, 109.60, and 109.61 3,187
of the Revised Code, no child shall be fingerprinted or 3,188
photographed in the investigation of any violation of law without 3,189
the consent of the juvenile judge. 3,190
(2) Subject to division (A)(3) of this section, a law 3,193
enforcement officer may fingerprint and photograph a child 3,194
without the consent of the juvenile judge when the child is 3,195
arrested or otherwise taken into custody for the commission of an 3,196
act that would be an offense, other than a traffic offense or a 3,197
minor misdemeanor, if committed by an adult, and there is 3,198
probable cause to believe that the child may have been involved 3,199
in the commission of the act. A law enforcement officer who 3,200
takes fingerprints or photographs of a child under division 3,201
(A)(2) of this section immediately shall inform the juvenile 3,202
court that the fingerprints or photographs were taken and shall 3,203
provide the court with the identity of the child, the number of 3,204
fingerprints and photographs taken, and the name and address of 3,205
each person who has custody and control of the fingerprints or 3,206
photographs or copies of the fingerprints or photographs. 3,207
(3) This section does not apply to a child to whom either 3,210
of the following applies:
(a) The child has been arrested or otherwise taken into 3,213
custody for committing, or has been adjudicated a delinquent 3,214
child for committing, an act that would be a felony if committed 3,215
74
by an adult or has been convicted of or pleaded guilty to 3,216
committing a felony. 3,217
(b) There is probable cause to believe that the child may 3,220
have committed an act that would be a felony if committed by an 3,222
adult.
(B)(1) Subject to divisions (B)(4), (5), and (6) of this 3,224
section, all fingerprints and photographs of a child obtained or 3,225
taken under division (A)(1) or (2) of this section, and any 3,226
records of the arrest or custody of the child that was the basis 3,227
for the taking of the fingerprints or photographs, initially may 3,228
be retained only until the expiration of thirty days after the 3,229
date taken, except that the court may limit the initial retention 3,230
of fingerprints and photographs of a child obtained under 3,231
division (A)(1) of this section to a shorter period of time and 3,232
except that, if the child is adjudicated a delinquent child for 3,233
the commission of an act described in division (B)(3) of this 3,234
section or is convicted of or pleads guilty to a criminal offense 3,235
for the commission of an act described in division (B)(3) of this 3,236
section, the fingerprints and photographs, and the records of the 3,237
arrest or custody of the child that was the basis for the taking 3,238
of the fingerprints and photographs, shall be retained in 3,239
accordance with division (B)(3) of this section. During the 3,240
initial period of retention, the fingerprints and photographs of 3,241
a child, copies of the fingerprints and photographs, and records 3,242
of the arrest or custody of the child shall be used or released 3,243
only in accordance with division (C) of this section. At the 3,244
expiration of the initial period for which fingerprints and 3,245
photographs of a child, copies of fingerprints and photographs of 3,246
a child, and records of the arrest or custody of a child may be 3,247
retained under this division, if no complaint OR INDICTMENT is 3,248
pending against the child in relation to the act for which the 3,250
fingerprints and photographs originally were obtained or taken 3,251
and if the child has neither been adjudicated a delinquent child 3,252
for the commission of that act nor been convicted of or pleaded 3,253
75
guilty to a criminal offense based on that act subsequent to a 3,254
transfer of the child's case for criminal prosecution pursuant to 3,255
section 2151.26 2152.12 of the Revised Code, the fingerprints and 3,256
photographs of the child, all copies of the fingerprints and 3,258
photographs, and all records of the arrest or custody of the 3,259
child that was the basis of the taking of the fingerprints and 3,260
photographs shall be removed from the file and delivered to the 3,261
juvenile court.
(2) If, at the expiration of the initial period of 3,263
retention set forth in division (B)(1) of this section, a 3,264
complaint OR INDICTMENT is pending against the child in relation 3,265
to the act for which the fingerprints and photographs originally 3,267
were obtained or the child either has been adjudicated a 3,268
delinquent child for the commission of an act other than an act 3,269
described in division (B)(3) of this section or has been 3,270
convicted of or pleaded guilty to a criminal offense for the 3,271
commission of an act other than an act described in division 3,272
(B)(3) of this section subsequent to transfer of the child's 3,273
case, the fingerprints and photographs of the child, copies of 3,274
the fingerprints and photographs, and the records of the arrest 3,275
or custody of the child that was the basis of the taking of the 3,276
fingerprints and photographs may further be retained, subject to 3,277
division (B)(4) of this section, until the earlier of the 3,278
expiration of two years after the date on which the fingerprints 3,279
or photographs were taken or the child attains eighteen years of 3,280
age, except that, if the child is adjudicated a delinquent child 3,281
for the commission of an act described in division (B)(3) of this 3,282
section or is convicted of or pleads guilty to a criminal offense 3,283
for the commission of an act described in division (B)(3) of this 3,284
section, the fingerprints and photographs, and the records of the 3,285
arrest or custody of the child that was the basis for the taking 3,286
of the fingerprints and photographs, shall be retained in 3,287
accordance with division (B)(3) of this section. 3,288
Except as otherwise provided in division (B)(3) of this 3,290
76
section, during this additional period of retention, the 3,291
fingerprints and photographs of a child, copies of the 3,292
fingerprints and photographs of a child, and records of the 3,293
arrest or custody of a child shall be used or released only in 3,294
accordance with division (C) of this section. At the expiration 3,295
of the additional period, if no complaint OR INDICTMENT is 3,296
pending against the child in relation to the act for which the 3,298
fingerprints originally were obtained or taken or in relation to 3,299
another act for which the fingerprints were used as authorized by 3,300
division (C) of this section and that would be a felony if 3,301
committed by an adult, the fingerprints of the child, all copies 3,302
of the fingerprints, and all records of the arrest or custody of 3,303
the child that was the basis of the taking of the fingerprints 3,304
shall be removed from the file and delivered to the juvenile 3,305
court, and, if no complaint OR INDICTMENT is pending against the 3,306
child concerning the act for which the photographs originally 3,308
were obtained or taken or concerning an act that would be a 3,309
felony if committed by an adult, the photographs and all copies 3,310
of the photographs, and, if no fingerprints were taken at the 3,311
time the photographs were taken, all records of the arrest or 3,312
custody that was the basis of the taking of the photographs shall 3,313
be removed from the file and delivered to the juvenile court. In 3,314
either case, if, at the expiration of the applicable additional 3,315
period, such a complaint OR INDICTMENT is pending against the 3,317
child, the photographs and copies of the photographs of the 3,318
child, or the fingerprints and copies of the fingerprints of the 3,319
child, whichever is applicable, and the records of the arrest or 3,320
custody of the child may be retained, subject to division (B)(4) 3,321
of this section, until final disposition of the complaint OR 3,322
INDICTMENT, and upon final disposition of the complaint OR 3,324
INDICTMENT, they shall be removed from the file and delivered to 3,325
the juvenile court, except that, if the child is adjudicated a 3,326
delinquent child for the commission of an act described in 3,327
division (B)(3) of this section or is convicted of or pleads 3,328
77
guilty to a criminal offense for the commission of an act 3,329
described in division (B)(3) of this section, the fingerprints 3,330
and photographs, and the records of the arrest or custody of the 3,331
child that was the basis for the taking of the fingerprints and 3,332
photographs, shall be retained in accordance with division (B)(3) 3,333
of this section. 3,334
(3) If a child is adjudicated a delinquent child for 3,336
violating section 2923.42 of the Revised Code or for committing 3,338
an act that would be a misdemeanor offense of violence if
committed by an adult, or is convicted of or pleads guilty to a 3,340
violation of section 2923.42 of the Revised Code, a misdemeanor 3,342
offense of violence, or a violation of an existing or former 3,343
municipal ordinance or law of this state, another state, or the 3,345
United States that is substantially equivalent to section 2923.42 3,346
of the Revised Code or any misdemeanor offense of violence, both 3,347
of the following apply: 3,348
(a) Originals and copies of fingerprints and photographs 3,350
of the child obtained or taken under division (A)(1) of this 3,351
section, and any records of the arrest or custody that was the 3,352
basis for the taking of the fingerprints or photographs, may be 3,353
retained for the period of time specified by the juvenile judge 3,354
in that judge's grant of consent for the taking of the 3,355
fingerprints or photographs. Upon the expiration of the 3,356
specified period, all originals and copies of the fingerprints, 3,357
photographs, and records shall be delivered to the juvenile court 3,358
or otherwise disposed of in accordance with any instructions 3,359
specified by the juvenile judge in that judge's grant of consent. 3,360
During the period of retention of the photographs and records, 3,361
all originals and copies of them shall be retained in a file 3,362
separate and apart from all photographs taken of adults. During 3,363
the period of retention of the fingerprints, all originals and 3,364
copies of them may be maintained in the files of fingerprints 3,365
taken of adults. If the juvenile judge who grants consent for 3,366
the taking of fingerprints and photographs under division (A)(1) 3,367
78
of this section does not specify a period of retention in that 3,368
judge's grant of consent, originals and copies of the 3,370
fingerprints, photographs, and records may be retained in 3,371
accordance with this section as if the fingerprints and 3,372
photographs had been taken under division (A)(2) of this section. 3,373
(b) Originals and copies of fingerprints and photographs 3,375
taken under division (A)(2) of this section, and any records of 3,376
the arrest or custody that was the basis for the taking of the 3,377
fingerprints or photographs, may be retained for the period of 3,378
time and in the manner specified in division (B)(3)(b) of this 3,380
section. Prior to the child's attainment of eighteen years of 3,381
age, all originals and copies of the photographs and records 3,382
shall be retained and shall be kept in a file separate and apart 3,383
from all photographs taken of adults. During the period of 3,384
retention of the fingerprints, all originals and copies of them 3,385
may be maintained in the files of fingerprints taken of adults. 3,386
Upon the child's attainment of eighteen years of age, all 3,387
originals and copies of the fingerprints, photographs, and 3,388
records shall be disposed of as follows: 3,389
(i) If the juvenile judge issues or previously has issued 3,391
an order that specifies a manner of disposition of the originals 3,392
and copies of the fingerprints, photographs, and records, they 3,393
shall be delivered to the juvenile court or otherwise disposed of 3,394
in accordance with the order. 3,395
(ii) If the juvenile judge does not issue and has not 3,397
previously issued an order that specifies a manner of disposition 3,398
of the originals and copies of the fingerprints not maintained in 3,399
adult files, photographs, and records, the law enforcement 3,400
agency, in its discretion, either shall remove all originals and 3,401
copies of them from the file in which they had been maintained 3,402
and transfer them to the files that are used for the retention of 3,403
fingerprints and photographs taken of adults who are arrested 3,404
for, otherwise taken into custody for, or under investigation for 3,405
the commission of a criminal offense or shall remove them from 3,406
79
the file in which they had been maintained and deliver them to 3,407
the juvenile court. If the originals and copies of any 3,408
fingerprints of a child who attains eighteen years of age are 3,409
maintained in the files of fingerprints taken of adults or if 3,410
pursuant to division (B)(3)(b)(ii) of this section the agency 3,412
transfers the originals and copies of any fingerprints not 3,413
maintained in adult files, photographs, or records to the files 3,414
that are used for the retention of fingerprints and photographs 3,415
taken of adults who are arrested for, otherwise taken into 3,416
custody for, or under investigation for the commission of a 3,417
criminal offense, the originals and copies of the fingerprints, 3,418
photographs, and records may be maintained, used, and released 3,419
after they are maintained in the adult files or after the 3,420
transfer as if the fingerprints and photographs had been taken 3,421
of, and as if the records pertained to, an adult who was arrested 3,422
for, otherwise taken into custody for, or under investigation for 3,423
the commission of a criminal offense. 3,424
(4) If a sealing or expungement order issued under section 3,426
2151.358 of the Revised Code requires the sealing or destruction 3,427
of any fingerprints or photographs of a child obtained or taken 3,428
under division (A)(1) or (2) of this section or of the records of 3,429
an arrest or custody of a child that was the basis of the taking 3,430
of the fingerprints or photographs prior to the expiration of any 3,431
period for which they otherwise could be retained under division 3,432
(B)(1), (2), or (3) of this section, the fingerprints, 3,433
photographs, and arrest or custody records that are subject to 3,434
the order and all copies of the fingerprints, photographs, and 3,435
arrest or custody records shall be sealed or destroyed in 3,436
accordance with the order. 3,437
(5) All fingerprints of a child, photographs of a child, 3,439
records of an arrest or custody of a child, and copies delivered 3,440
to a juvenile court in accordance with division (B)(1), (2), or 3,441
(3) of this section shall be destroyed by the court. 3,442
(6)(a) All photographs of a child and records of an arrest 3,444
80
or custody of a child retained pursuant to division (B) of this 3,445
section and not delivered to a juvenile court shall be kept in a 3,446
file separate and apart from fingerprints, photographs, and 3,447
records of an arrest or custody of an adult. All fingerprints of 3,448
a child retained pursuant to division (B) of this section and not 3,449
delivered to a juvenile court may be maintained in the files of 3,450
fingerprints taken of adults. 3,451
(b) If a child who is the subject of photographs or 3,453
fingerprints is adjudicated a delinquent child for the commission 3,454
of an act that would be an offense, other than a traffic offense 3,456
or a minor misdemeanor, if committed by an adult or is convicted 3,457
of or pleads guilty to a criminal offense, other than a traffic
offense or a minor misdemeanor, all fingerprints not maintained 3,459
in the files of fingerprints taken of adults and all photographs 3,460
of the child, and all records of the arrest or custody of the 3,461
child that is the basis of the taking of the fingerprints or 3,462
photographs, that are retained pursuant to division (B) of this 3,463
section and not delivered to a juvenile court shall be kept in a 3,464
file separate and apart from fingerprints, photographs, and 3,465
arrest and custody records of children who have not been 3,466
adjudicated a delinquent child for the commission of an act that 3,467
would be an offense, other than a traffic offense or a minor 3,468
misdemeanor, if committed by an adult and have not been convicted 3,469
of or pleaded guilty to a criminal offense other than a traffic 3,470
offense or a minor misdemeanor. 3,471
(C) Until they are delivered to the juvenile court or 3,473
sealed, transferred in accordance with division (B)(3)(b) of this 3,474
section, or destroyed pursuant to a sealing or expungement order, 3,475
the originals and copies of fingerprints and photographs of a 3,476
child that are obtained or taken pursuant to division (A)(1) or 3,477
(2) of this section, and the records of the arrest or custody of 3,478
the child that was the basis of the taking of the fingerprints or 3,479
photographs, shall be used or released only as follows: 3,480
(1) During the initial thirty-day period of retention, 3,482
81
originals and copies of fingerprints and photographs of a child, 3,483
and records of the arrest or custody of a child, shall be used, 3,484
prior to the filing of a complaint against OR THE OBTAINING OF AN 3,485
INDICTMENT OF the child in relation to the act for which the 3,487
fingerprints and photographs were originally obtained or taken, 3,488
only for the investigation of that act and shall be released, 3,489
prior to the filing of the complaint, only to a court that would 3,490
have jurisdiction of the child's case under this chapter. 3,491
Subsequent to the filing of a complaint OR THE OBTAINING OF AN 3,492
INDICTMENT, originals and copies of fingerprints and photographs 3,493
of a child, and records of the arrest or custody of a child, 3,494
shall be used or released during the initial thirty-day period of 3,495
retention only as provided in division (C)(2)(a), (b), or (c) of 3,496
this section.
(2) Originals and copies of fingerprints and photographs 3,498
of a child, and records of the arrest or custody of a child, that 3,499
are retained beyond the initial thirty-day period of retention 3,500
subsequent to the filing of a complaint OR THE OBTAINING OF AN 3,501
INDICTMENT, a delinquent child adjudication, or a conviction of 3,503
or guilty plea to a criminal offense shall be used or released 3,504
only as follows:
(a) Originals and copies of photographs of a child, and, 3,506
if no fingerprints were taken at the time the photographs were 3,507
taken, records of the arrest or custody of the child that was the 3,508
basis of the taking of the photographs, may be used only as 3,509
follows: 3,510
(i) They may be used for the investigation of the act for 3,512
which they originally were obtained or taken; if the child who is 3,513
the subject of the photographs is a suspect in the investigation, 3,514
for the investigation of any act that would be an offense if 3,515
committed by an adult; and for arresting or bringing the child 3,516
into custody. 3,517
(ii) If the child who is the subject of the photographs is 3,519
adjudicated a delinquent child for the commission of an act that 3,520
82
would be a felony if committed by an adult or is convicted of or 3,521
pleads guilty to a criminal offense that is a felony as a result 3,522
of the arrest or custody that was the basis of the taking of the 3,523
photographs, a law enforcement officer may use the photographs 3,524
for a photo line-up conducted as part of the investigation of any 3,525
act that would be a felony if committed by an adult, whether or 3,526
not the child who is the subject of the photographs is a suspect 3,527
in the investigation. 3,528
(b) Originals and copies of fingerprints of a child, and 3,530
records of the arrest or custody of the child that was the basis 3,531
of the taking of the fingerprints, may be used only for the 3,532
investigation of the act for which they originally were obtained 3,533
or taken; if a child is a suspect in the investigation, for the 3,534
investigation of another act that would be an offense if 3,535
committed by an adult; and for arresting or bringing the child 3,536
into custody. 3,537
(c) Originals and copies of fingerprints, photographs, and 3,539
records of the arrest or custody that was the basis of the taking 3,540
of the fingerprints or photographs shall be released only to the 3,541
following: 3,542
(i) Law enforcement officers of this state or a political 3,544
subdivision of this state, upon notification to the juvenile 3,545
court of the name and address of the law enforcement officer or 3,546
agency to whom or to which they will be released; 3,547
(ii) A court that has jurisdiction of the child's case 3,549
under Chapter CHAPTERS 2151. AND 2152. of the Revised Code or 3,551
subsequent to a transfer of the child's case for criminal 3,552
prosecution pursuant to section 2151.26 2152.12 of the Revised 3,553
Code.
(D) No person shall knowingly do any of the following: 3,555
(1) Fingerprint or photograph a child in the investigation 3,557
of any violation of law other than as provided in division (A)(1) 3,558
or (2) of this section or in sections 109.57, 109.60, and 109.61 3,560
of the Revised Code;
83
(2) Retain fingerprints or photographs of a child obtained 3,562
or taken under division (A)(1) or (2) of this section, copies of 3,563
fingerprints or photographs of that nature, or records of the 3,565
arrest or custody that was the basis of the taking of 3,566
fingerprints or photographs of that nature other than in 3,567
accordance with division (B) of this section; 3,569
(3) Use or release fingerprints or photographs of a child 3,571
obtained or taken under division (A)(1) or (2) of this section, 3,572
copies of fingerprints or photographs of that nature, or records 3,574
of the arrest or custody that was the basis of the taking of 3,575
fingerprints or photographs of that nature other than in 3,576
accordance with division (B) or (C) of this section. 3,577
Sec. 2151.314. (A) When a child is brought before the 3,586
court or delivered to a place of detention or shelter care 3,587
designated by the court, the intake or other authorized officer 3,588
of the court shall immediately make an investigation and shall 3,589
release the child unless it appears that the child's detention or 3,590
shelter care is warranted or required under section 2151.31 of 3,591
the Revised Code. 3,592
If the child is not so released, a complaint under section 3,594
2151.27 OR 2152.021 of the Revised Code shall be filed OR AN 3,596
INDICTMENT UNDER DIVISION (C) OF SECTION 2152.13 OF THE REVISED 3,597
CODE SHALL BE SOUGHT and an informal detention or shelter care 3,599
hearing held promptly, not later than seventy-two hours after the 3,600
child is placed in detention or shelter care, to determine 3,601
whether detention or shelter care is required. Reasonable oral
or written notice of the time, place, and purpose of the 3,603
detention or shelter care hearing shall be given to the child 3,604
and, if they can be found, to the child's parents, guardian, or 3,605
custodian. In cases in which the complaint alleges a child to be 3,606
an abused, neglected, or dependent child, the notice given the
parents, guardian, or custodian shall inform them that a case 3,607
plan may be prepared for the child, the general requirements 3,608
usually contained in case plans, and the possible consequences of 3,609
84
the failure to comply with a journalized case plan. 3,610
Prior to the hearing, the court shall inform the parties of 3,613
their right to counsel and to appointed counsel or to the 3,614
services of the county public defender or joint county public
defender, if they are indigent, of the child's right to remain 3,615
silent with respect to any allegation of delinquency, and of the 3,616
name and telephone number of a court employee who can be 3,617
contacted during the normal business hours of the court to 3,618
arrange for the prompt appointment of counsel for any party who 3,619
is indigent. Unless it appears from the hearing that the child's 3,620
detention or shelter care is required under the provisions of 3,621
section 2151.31 of the Revised Code, the court shall order the 3,622
child's release as provided by section 2151.311 of the Revised 3,623
Code. If a parent, guardian, or custodian has not been so 3,624
notified and did not appear or waive appearance at the hearing, 3,625
upon the filing of an affidavit stating these facts, the court 3,626
shall rehear the matter without unnecessary delay. 3,627
(B) When the court conducts a hearing pursuant to division 3,629
(A) of this section, all of the following apply: 3,630
(1) The court shall determine whether an alleged abused, 3,632
neglected, or dependent child should remain or be placed in 3,633
shelter care; 3,634
(2) The court shall determine whether there are any 3,636
relatives of the child who are willing to be temporary custodians 3,638
of the child. If any relative is willing to be a temporary 3,639
custodian, the child would otherwise be placed or retained in 3,640
shelter care, and the appointment is appropriate, the court shall 3,641
appoint the relative as temporary custodian of the child, unless 3,642
the court appoints another relative as temporary custodian. If 3,643
it determines that the appointment of a relative as custodian 3,644
would not be appropriate, it shall issue a written opinion 3,645
setting forth the reasons for its determination and give a copy 3,646
of the opinion to all parties and to the guardian ad litem of the 3,647
child.
85
The court's consideration of a relative for appointment as 3,649
a temporary custodian does not make that relative a party to the 3,650
proceedings. 3,651
(3) The court shall comply with section 2151.419 of the 3,653
Revised Code.
(C) If a child is in shelter care following the filing of 3,655
a complaint pursuant to section 2151.27 OR 2152.021 of the 3,656
Revised Code OR THE OBTAINING OF AN INDICTMENT or following a 3,658
hearing held pursuant to division (A) of this section, any party, 3,659
including the public children services agency, and the guardian 3,660
ad litem of the child may file a motion with the court requesting 3,661
that the child be released from shelter care. The motion shall 3,662
state the reasons why the child should be released from shelter 3,663
care and, if a hearing has been held pursuant to division (A) of 3,664
this section, any changes in the situation of the child or the 3,665
parents, guardian, or custodian of the child that have occurred 3,666
since that hearing and that justify the release of the child from 3,667
shelter care. Upon the filing of the motion, the court shall 3,668
hold a hearing in the same manner as under division (A) of this 3,669
section.
(D) Each juvenile court shall designate one court employee 3,671
to assist persons who are indigent in obtaining appointed 3,672
counsel. The court shall include in each notice given pursuant 3,673
to division (A) or (C) of this section and in each summons served 3,674
upon a party pursuant to this chapter, the name and telephone 3,675
number at which the designated employee can be contacted during 3,676
the normal business hours of the court to arrange for prompt 3,677
appointment of counsel for indigent persons. 3,678
Sec. 2151.35. (A) The EXCEPT AS OTHERWISE PROVIDED IN 3,687
SECTION 2152.13 OF THE REVISED CODE, THE juvenile court may 3,688
conduct its hearings in an informal manner and may adjourn its 3,689
hearings from time to time. In the hearing of any case, the 3,690
general public may be excluded and only those persons admitted 3,691
who have a direct interest in the case. 3,692
86
All EXCEPT AS OTHERWISE PROVIDED IN SECTION 2152.13 OF THE 3,694
REVISED CODE, ALL cases involving children shall be heard 3,695
separately and apart from the trial of cases against adults. The 3,696
court may excuse the attendance of the child at the hearing in 3,697
cases involving abused, neglected, or dependent children. The 3,698
court shall hear and determine all cases of children without a 3,699
jury INCLUDING CASES INVOLVING ALLEGED JUVENILE TRAFFIC OFFENDERS 3,700
ACCUSED OF COMMITTING ACTS THAT WOULD BE MINOR MISDEMEANORS IF 3,701
COMMITTED BY ADULTS.
If the court at the adjudicatory hearing finds from clear 3,703
and convincing evidence that the child is an abused, neglected, 3,704
or dependent child, the court shall proceed, in accordance with 3,705
division (B) of this section, to hold a dispositional hearing and 3,706
hear the evidence as to the proper disposition to be made under 3,707
section 2151.353 of the Revised Code. If the court at the 3,708
adjudicatory hearing finds beyond a reasonable doubt that the 3,709
child is a delinquent or unruly child or a juvenile traffic 3,710
offender, the court shall proceed immediately, or at a postponed 3,711
hearing, to hear the evidence as to the proper disposition to be 3,712
made under sections 2151.352 to 2151.355 SECTION 2151.354 OR 3,714
CHAPTER 2152. of the Revised Code. If the court does not find 3,715
the child to be an abused, neglected, dependent, delinquent, or 3,716
unruly child or a juvenile traffic offender, it shall order that 3,717
the complaint CASE be dismissed and that the child be discharged 3,719
from any detention or restriction theretofore ordered. 3,720
A record of all testimony and other oral proceedings in 3,722
juvenile court shall be made in all proceedings that are held 3,723
pursuant to section 2151.414 of the Revised Code or in which an 3,724
order of disposition may be made pursuant to division (A)(4) of 3,725
section 2151.353 of the Revised Code, and shall be made upon 3,726
request in any other proceedings. The record shall be made as 3,727
provided in section 2301.20 of the Revised Code. 3,728
(B)(1) If the court at an adjudicatory hearing determines 3,730
that a child is an abused, neglected, or dependent child, the 3,731
87
court shall not issue a dispositional order until after the court 3,732
holds a separate dispositional hearing. The court may hold the 3,733
dispositional hearing for an adjudicated abused, neglected, or 3,735
dependent child immediately after the adjudicatory hearing if all 3,737
parties were served prior to the adjudicatory hearing with all 3,738
documents required for the dispositional hearing. The 3,739
dispositional hearing may not be held more than thirty days after 3,740
the adjudicatory hearing is held. The court, upon the request of 3,741
any party or the guardian ad litem of the child, may continue a 3,742
dispositional hearing for a reasonable time not to exceed the 3,743
time limits set forth in this division to enable a party to 3,744
obtain or consult counsel. The dispositional hearing shall not 3,745
be held more than ninety days after the date on which the 3,746
complaint in the case was filed. 3,747
If the dispositional hearing is not held within the period 3,749
of time required by this division, the court, on its own motion 3,750
or the motion of any party or the guardian ad litem of the child, 3,751
shall dismiss the complaint without prejudice. 3,752
(2) The dispositional hearing shall be conducted in 3,754
accordance with all of the following: 3,755
(a) The judge or referee who presided at the adjudicatory 3,757
hearing shall preside, if possible, at the dispositional hearing; 3,758
(b) The court may admit any evidence that is material and 3,760
relevant, including, but not limited to, hearsay, opinion, and 3,761
documentary evidence; 3,762
(c) Medical examiners and each investigator who prepared a 3,764
social history shall not be cross-examined, except upon consent 3,765
of the parties, for good cause shown, or as the court in its 3,766
discretion may direct. Any party may offer evidence 3,767
supplementing, explaining, or disputing any information contained 3,768
in the social history or other reports that may be used by the 3,769
court in determining disposition. 3,770
(3) After the conclusion of the dispositional hearing, the 3,772
court shall enter an appropriate judgment within seven days and 3,773
88
shall schedule the date for the hearing to be held pursuant to 3,774
section 2151.415 of the Revised Code. The court may make any 3,775
order of disposition that is set forth in section 2151.353 of the 3,776
Revised Code. A copy of the judgment shall be given to each 3,777
party and to the child's guardian ad litem. If the judgment is 3,778
conditional, the order shall state the conditions of the 3,779
judgment. If the child is not returned to the child's own home, 3,781
the court shall determine which school district shall bear the 3,782
cost of the child's education and shall comply with section 3,784
2151.36 of the Revised Code.
(4) As part of its dispositional order, the court may 3,786
issue any order described in division (B) of section 2151.33 of 3,787
the Revised Code. 3,788
(C) The court shall give all parties to the action and the 3,790
child's guardian ad litem notice of the adjudicatory and 3,791
dispositional hearings in accordance with the Juvenile Rules. 3,792
(D) If the court issues an order pursuant to division 3,794
(A)(4) of section 2151.353 of the Revised Code committing a child 3,795
to the permanent custody of a public children services agency or 3,796
a private child placing agency, the parents of the child whose 3,797
parental rights were terminated cease to be parties to the action 3,798
upon the issuance of the order. This division is not intended to 3,799
eliminate or restrict any right of the parents to appeal the 3,800
permanent custody order issued pursuant to division (A)(4) of 3,801
section 2151.353 of the Revised Code. 3,802
(E) Each juvenile court shall schedule its hearings in 3,804
accordance with the time requirements of this chapter. 3,805
(F) In cases regarding abused, neglected, or dependent 3,807
children, the court may admit any statement of a child that the 3,808
court determines to be excluded by the hearsay rule if the 3,809
proponent of the statement informs the adverse party of the 3,810
proponent's intention to offer the statement and of the 3,812
particulars of the statement, including the name of the 3,813
declarant, sufficiently in advance of the hearing to provide the 3,814
89
party with a fair opportunity to prepare to challenge, respond 3,815
to, or defend against the statement, and the court determines all 3,816
of the following: 3,817
(1) The statement has circumstantial guarantees of 3,819
trustworthiness; 3,820
(2) The statement is offered as evidence of a material 3,822
fact; 3,823
(3) The statement is more probative on the point for which 3,825
it is offered than any other evidence that the proponent can 3,826
procure through reasonable efforts; 3,827
(4) The general purposes of the evidence rules and the 3,829
interests of justice will best be served by the admission of the 3,830
statement into evidence. 3,831
(G) If a child is alleged to be an abused child, the court 3,833
may order that the testimony of the child be taken by deposition. 3,834
On motion of the prosecuting attorney, guardian ad litem, or any 3,835
party, or in its own discretion, the court may order that the 3,836
deposition be videotaped. Any deposition taken under this 3,837
division shall be taken with a judge or referee present. 3,838
If a deposition taken under this division is intended to be 3,840
offered as evidence at the hearing, it shall be filed with the 3,841
court. Part or all of the deposition is admissible in evidence 3,842
if counsel for all parties had an opportunity and similar motive 3,843
at the time of the taking of the deposition to develop the 3,844
testimony by direct, cross, or redirect examination and the judge 3,845
determines that there is reasonable cause to believe that if the 3,846
child were to testify in person at the hearing, the child would 3,847
experience emotional trauma as a result of participating at the 3,850
hearing.
Sec. 2151.354. (A) If the child is adjudicated an unruly 3,859
child, the court may: 3,860
(1) Make any of the dispositions authorized under section 3,862
2151.353 of the Revised Code; 3,863
(2) Place the child on probation COMMUNITY CONTROL under 3,865
90
any SANCTIONS, SERVICES, AND conditions that the court 3,867
prescribes, AS DESCRIBED IN DIVISION (A)(3) OF SECTION 2152.19 OF 3,868
THE REVISED CODE;
(3) Suspend or revoke the driver's license, probationary 3,870
driver's license, or temporary instruction permit issued to the 3,871
child and suspend or revoke the registration of all motor 3,872
vehicles registered in the name of the child. A child whose 3,874
license or permit is so suspended or revoked is ineligible for 3,875
issuance of a license or permit during the period of suspension 3,876
or revocation. At the end of the period of suspension or
revocation, the child shall not be reissued a license or permit 3,877
until the child has paid any applicable reinstatement fee and 3,878
complied with all requirements governing license reinstatement. 3,879
(4) Commit the child to the temporary or permanent custody 3,881
of the court;
(5) If, after making a disposition under division (A)(1), 3,883
(2), or (3) of this section, the court finds upon further hearing 3,884
that the child is not amenable to treatment or rehabilitation 3,885
under that disposition, make a disposition otherwise authorized 3,886
under divisions (A)(1), (2)(3), (4), and (A)(7) to (11)(5) of 3,888
section 2151.355 2152.19 of the Revised Code, except that the 3,889
child may not be committed to or placed in a secure correctional 3,891
facility, and commitment to or placement in a detention home may 3,892
not exceed twenty-four hours unless authorized by division 3,893
(C)(B)(3) of section 2151.312 or sections 2151.56 to 2151.61 of 3,895
the Revised Code.
(B) If a child is adjudicated an unruly child for 3,897
committing any act that, if committed by an adult, would be a 3,898
drug abuse offense, as defined in section 2925.01 of the Revised 3,899
Code, or a violation of division (B) of section 2917.11 of the 3,900
Revised Code, then, in addition to imposing, in its discretion, 3,901
any other order of disposition authorized by this section, the 3,902
court shall do both of the following: 3,903
(1) Require the child to participate in a drug abuse or 3,905
91
alcohol abuse counseling program; 3,906
(2) Suspend or revoke the temporary instruction permit, 3,908
probationary driver's license, or driver's license issued to the 3,910
child for a period of time prescribed by the court or, at the 3,911
discretion of the court, until the child attends and 3,912
satisfactorily completes a drug abuse or alcohol abuse education, 3,913
intervention, or treatment program specified by the court. 3,914
During the time the child is attending the program, the court 3,915
shall retain any temporary instruction permit, probationary 3,916
driver's license, or driver's license issued to the child and 3,917
shall return the permit or license when the child satisfactorily 3,918
completes the program. 3,919
Sec. 2151.357. In the manner prescribed by division (C)(2) 3,928
of section 3313.64 of the Revised Code, the court, at the time of 3,930
making any order that removes a child from the child's own home 3,931
or that vests legal or permanent custody of the child in a person
other than the child's parent or a government agency, shall 3,933
determine the school district that is to bear the cost of 3,935
educating the child. The court shall make the determination a 3,937
part of the order that provides for the child's placement or 3,938
commitment.
Whenever a child is placed in a detention home established 3,940
under section 2151.34 2152.41 of the Revised Code or a juvenile 3,942
facility established under section 2151.65 of the Revised Code, 3,943
the child's school district as determined by the court shall pay 3,944
the cost of educating the child based on the per capita cost of 3,945
the educational facility within the detention home or juvenile 3,946
facility.
Whenever a child is placed by the court in a private 3,948
institution, school, or residential treatment center or any other 3,950
private facility, the state shall pay to the court a subsidy to 3,951
help defray the expense of educating the child in an amount equal 3,952
to the product of the daily per capita educational cost of the 3,953
private facility, as determined pursuant to this section, and the 3,955
92
number of days the child resides at the private facility, 3,956
provided that the subsidy shall not exceed twenty-five hundred 3,958
dollars per year per child. The daily per capita educational
cost of a private facility shall be determined by dividing the 3,959
actual program cost of the private facility or twenty-five 3,960
hundred dollars, whichever is less, by three hundred sixty-five 3,961
days or by three hundred sixty-six days for years that include 3,962
February twenty-ninth. The state shall pay seventy-five per cent 3,963
of the total subsidy for each year quarterly to the court. The 3,964
state may adjust the remaining twenty-five per cent of the total 3,966
subsidy to be paid to the court for each year to an amount that
is less than twenty-five per cent of the total subsidy for that 3,967
year based upon the availability of funds appropriated to the 3,968
department of education for the purpose of subsidizing courts 3,969
that place a child in a private institution, school, or 3,970
residential treatment center or any other private facility and
shall pay that adjusted amount to the court at the end of the 3,971
year.
Sec. 2151.358. (A) As used in this section, "seal a 3,986
record" means to remove a record from the main file of similar 3,987
records and to secure it in a separate file that contains only 3,988
sealed records and that is accessible only to the juvenile court. 3,989
A record that is sealed shall be destroyed by all persons and 3,990
governmental bodies except the juvenile court. 3,991
(B) The department of youth services and any other 3,993
institution or facility that unconditionally discharges a person 3,994
who has been adjudicated a delinquent child, an unruly child, or 3,996
a juvenile traffic offender shall immediately give notice of the 3,997
discharge to the court that committed the person. The court 3,998
shall note the date of discharge on a separate record of 3,999
discharges of those natures.
(C)(1) Two years after the termination of any order made 4,001
by the court or two years after the unconditional discharge of a 4,002
person from the department of youth services or another 4,003
93
institution or facility to which the person may have been 4,005
committed, the court that issued the order or committed the 4,006
person shall do one of the following: 4,007
(a) If the person was adjudicated an unruly child, order 4,009
the record of the person sealed; 4,010
(b) If the person was adjudicated a delinquent child or a 4,013
juvenile traffic offender, either order the record of the person 4,014
sealed or send the person notice of the person's right to have 4,015
the that record sealed. 4,016
(2) The court shall send the notice described in division 4,018
(C)(1)(b) of this section within ninety days after the expiration 4,020
of the two-year period described in division (C)(1) of this 4,021
section by certified mail, return receipt requested, to the the 4,023
person's last known address. The notice shall state that the 4,024
person may apply to the court for an order to seal the person's
record, explain what sealing a record means, and explain the 4,025
possible consequences of not having the person's record sealed. 4,026
(D) At any time after the two-year period described in 4,028
division (C)(1) of this section has elapsed, any person who has 4,030
been adjudicated a delinquent child or a juvenile traffic 4,031
offender may apply to the court for an order to seal the person's 4,032
record. The court shall hold a hearing on each application 4,034
within sixty days after the application is received. Notice of 4,035
the hearing on the application shall be given to the prosecuting 4,036
attorney and to any other public office or agency known to have a 4,037
record of the prior adjudication. If the court finds that the 4,038
rehabilitation of the person who was adjudicated a delinquent 4,039
child or a juvenile traffic offender has been attained to a 4,041
satisfactory degree, the court may order the record of the person 4,042
sealed.
(E) If the court orders the adjudication record of a 4,044
person sealed pursuant to division (C) or (D) of this section, 4,045
the court shall order that the proceedings in the case in which 4,046
the person was adjudicated a juvenile traffic offender, a 4,047
94
delinquent child, or an unruly child be deemed never to have 4,049
occurred. All index references to the case and the person shall 4,050
be deleted, and the person and the court properly may reply that 4,051
no record exists with respect to the person upon any inquiry in 4,053
the matter. Inspection of records that have been ordered sealed 4,054
may be permitted by the court only upon application by the person 4,055
who is the subject of the sealed records and only by the persons 4,056
that are named in the that application. 4,057
(F) Any person who has been arrested and charged with 4,059
being a delinquent child or a juvenile traffic offender and who 4,060
is adjudicated not guilty of the charges in the case or has the 4,062
charges in the case dismissed may apply to the court for an 4,063
expungement of the record in the case. The application may be 4,065
filed at any time after the person is adjudicated not guilty or
the charges against the person are dismissed. The court shall 4,066
give notice to the prosecuting attorney of any hearing on the 4,067
application. The court may initiate the expungement proceedings 4,068
on its own motion. 4,069
Any person who has been arrested and charged with being an 4,071
UNRULY CHILD and who is adjudicated not guilty of the charges in 4,073
the case or has the charges in the case dismissed may apply to 4,074
the court for an expungement of the record in the case. The 4,075
court shall initiate the expungement proceedings on its own 4,077
motion if an application for expungement is not filed.
If the court upon receipt of an application for expungement 4,079
or upon its own motion determines that the charges against any 4,080
person in any case were dismissed or that any person was 4,081
adjudicated not guilty in any case, the court shall order that 4,082
the records of the case be expunged and that the proceedings in 4,083
the case be deemed never to have occurred. If the applicant for 4,084
the expungement order, with the written consent of the 4,085
applicant's parents or guardian if the applicant is a minor and 4,087
with the written approval of the court, waives in writing the 4,089
applicant's right to bring any civil action based on the arrest 4,091
95
for which the expungement order is applied, the court shall order 4,092
the appropriate persons and governmental agencies to delete all 4,093
index references to the case; destroy or delete all court records 4,094
of the case; destroy all copies of any pictures and fingerprints 4,095
taken of the person pursuant to the expunged arrest; and destroy, 4,096
erase, or delete any reference to the arrest that is maintained 4,097
by the state or any political subdivision of the state, except a 4,098
record of the arrest that is maintained for compiling statistical 4,099
data and that does not contain any reference to the person. 4,100
If the applicant for an expungement order does not waive in 4,102
writing the right to bring any civil action based on the arrest 4,103
for which the expungement order is applied, the court, in 4,104
addition to ordering the deletion, destruction, or erasure of all 4,105
index references and court records of the case and of all 4,106
references to the arrest that are maintained by the state or any 4,107
political subdivision of the state, shall order that a copy of 4,108
all records of the case, except fingerprints held by the court or 4,109
a law enforcement agency, be delivered to the court. The court 4,110
shall seal all of the records delivered to the court in a 4,111
separate file in which only sealed records are maintained. The 4,112
sealed records shall be kept by the court until the statute of 4,113
limitations expires for any civil action based on the arrest, any 4,114
pending litigation based on the arrest is terminated, or the 4,115
applicant files a written waiver of the right to bring a civil 4,116
action based on the arrest. After the expiration of the statute 4,117
of limitations, the termination of the pending litigation, or the 4,118
filing of the waiver, the court shall destroy the sealed records. 4,119
After the expungement order has been issued, the court 4,121
shall, and the person may properly, reply that no record of the 4,122
case with respect to the person exists. 4,123
(G) The court shall send notice of the order to expunge or 4,125
seal to any public office or agency that the court has reason to 4,126
believe may have a record of the expunged or sealed record. 4,127
Except as provided in division (K) of this section, an order to 4,128
96
seal or expunge under this section applies to every public office 4,129
or agency that has a record of the prior adjudication or arrest, 4,130
regardless of whether it receives notice of the hearing on the 4,131
expungement or sealing of the record or a copy of the order to 4,132
expunge or seal the record. Except as provided in division (K) 4,133
of this section, upon the written request of a person whose 4,134
record has been expunged or sealed and the presentation of a copy 4,135
of the order to expunge or seal, a public office or agency shall 4,136
destroy its record of the prior adjudication or arrest, except a 4,137
record of the adjudication or arrest that is maintained for 4,138
compiling statistical data and that does not contain any 4,139
reference to the person who is the subject of the order to 4,140
expunge or seal. 4,141
(H) The judgment rendered by the court under this chapter 4,143
shall not impose any of the civil disabilities ordinarily imposed 4,144
by conviction of a crime in that the child is not a criminal by 4,145
reason of the adjudication. No child and no shall be charged 4,147
with or convicted of a crime in any court except as provided by 4,148
this chapter. The disposition of a child under the judgment 4,149
rendered or any evidence given in court shall not operate to 4,150
disqualify a child in any future civil service examination, 4,151
appointment, or application. Evidence of a judgment rendered and 4,152
the disposition of a child under the judgment is not admissible 4,153
to impeach the credibility of the child in any action or 4,155
proceeding. Otherwise, the disposition of a child under the 4,156
judgment rendered or any evidence given in court is admissible as 4,157
evidence for or against the child in any action or proceeding in 4,158
any court in accordance with the Rules of Evidence and also may 4,159
be considered by any court as to the matter of sentence or to the 4,160
granting of probation, and a court may consider the judgment 4,161
rendered and the disposition of a child under that judgment for 4,162
purposes of determining whether the child, for a future criminal 4,163
conviction or guilty plea, is a repeat violent offender, as 4,164
defined in section 2929.01 of the Revised Code.
97
(I) In any application for employment, license, or other 4,166
right or privilege, any appearance as a witness, or any other 4,167
inquiry, a person may not be questioned with respect to any 4,168
arrest for which the records were expunged. If an inquiry is 4,169
made in violation of this division, the person may respond as if 4,170
the expunged arrest did not occur, and the person shall not be 4,171
subject to any adverse action because of the arrest or the 4,172
response. 4,173
(J) An officer or employee of the state or any of its 4,175
political subdivisions who knowingly releases, disseminates, or 4,176
makes available for any purpose involving employment, bonding, 4,177
licensing, or education to any person or to any department, 4,178
agency, or other instrumentality of the state or of any of its 4,179
political subdivisions any information or other data concerning 4,180
any arrest, complaint, INDICTMENT, trial, hearing, adjudication, 4,181
or correctional supervision, the records of which have been 4,183
expunged or sealed pursuant to this section, is guilty of 4,184
divulging confidential information, a misdemeanor of the fourth 4,185
degree.
(K) Notwithstanding any provision of this section that 4,187
requires otherwise, a board of education of a city, local, 4,188
exempted village, or joint vocational school district that 4,189
maintains records of an individual who has been permanently 4,190
excluded under sections 3301.121 and 3313.662 of the Revised Code 4,191
is permitted to maintain records regarding an adjudication that 4,192
the individual is a delinquent child that was used as the basis 4,193
for the individual's permanent exclusion, regardless of a court 4,194
order to seal the record. An order issued under this section to 4,195
seal the record of an adjudication that an individual is a 4,196
delinquent child does not revoke the adjudication order of the 4,197
superintendent of public instruction to permanently exclude the 4,198
individual who is the subject of the sealing order. An order 4,199
issued under this section to seal the record of an adjudication 4,200
that an individual is a delinquent child may be presented to a 4,201
98
district superintendent as evidence to support the contention 4,202
that the superintendent should recommend that the permanent 4,203
exclusion of the individual who is the subject of the sealing 4,204
order be revoked. Except as otherwise authorized by this 4,205
division and sections 3301.121 and 3313.662 of the Revised Code, 4,206
any school employee in possession of or having access to the 4,207
sealed adjudication records of an individual that were the basis 4,208
of a permanent exclusion of the individual is subject to division 4,209
(J) of this section. 4,210
Sec. 2151.3510. Before a juvenile court issues an order of 4,219
disposition pursuant to division (A)(1) of section 2151.354 or 4,220
2151.355 2152.19 of the Revised Code committing an unruly or 4,221
delinquent child to the custody of a public children services 4,224
agency, it shall give the agency notice in the manner prescribed 4,225
by the Juvenile Rules of the intended dispositional order. 4,226
Sec. 2151.3512. If a child is adjudicated a delinquent 4,236
child or is adjudicated a juvenile traffic offender, the court 4,237
may make an order of disposition of the child under division 4,238
(A)(8)(a) of section 2151.355 or under division (A)(1) of section 4,239
2151.356 2152.21 of the Revised Code, whichever is applicable, by 4,240
imposing a fine and costs in accordance with the following 4,241
schedule:
(A) If the child was adjudicated a delinquent child or a 4,244
juvenile traffic offender for committing an act that would be a 4,245
minor misdemeanor or an unclassified misdemeanor if committed by 4,246
an adult, a fine not to exceed fifty dollars and costs; 4,247
(B) If the child was adjudicated a delinquent child or a 4,250
juvenile traffic offender for committing an act that would be a 4,251
misdemeanor of the fourth degree if committed by an adult, a fine 4,252
not to exceed seventy-five dollars and costs;
(C) If the child was adjudicated a delinquent child or a 4,255
juvenile traffic offender for committing an act that would be a 4,256
misdemeanor of the third degree if committed by an adult, a fine 4,257
not to exceed one hundred twenty-five dollars and costs; 4,258
99
(D) If the child was adjudicated a delinquent child or a 4,261
juvenile traffic offender for committing an act that would be a 4,262
misdemeanor of the second degree if committed by an adult, a fine 4,263
not to exceed one hundred seventy-five dollars and costs; 4,264
(E) If the child was adjudicated a delinquent child or a 4,267
juvenile traffic offender for committing an act that would be a 4,268
misdemeanor of the first degree if committed by an adult, a fine 4,269
not to exceed two hundred twenty-five dollars and costs; 4,270
(F) If the child was adjudicated a delinquent child or a 4,273
juvenile traffic offender for committing an act that would be a 4,274
felony of the fifth degree or an unclassified felony if committed 4,276
by an adult, a fine not to exceed three hundred dollars and 4,277
costs;
(G) If the child was adjudicated a delinquent child or a 4,280
juvenile traffic offender for committing an act that would be a 4,281
felony of the fourth degree if committed by an adult, a fine not 4,282
to exceed four hundred dollars and costs; 4,283
(H) If the child was adjudicated a delinquent child or a 4,285
juvenile traffic offender for committing an act that would be a 4,286
felony of the third degree if committed by an adult, a fine not 4,287
to exceed seven hundred fifty dollars and costs; 4,288
(I) If the child was adjudicated a delinquent child or a 4,291
juvenile traffic offender for committing an act that would be a 4,292
felony of the second degree if committed by an adult, a fine not 4,293
to exceed one thousand dollars and costs; 4,294
(J) If the child was adjudicated a delinquent child or a 4,297
juvenile traffic offender for committing an act that would be a 4,298
felony of the first degree if committed by an adult, a fine not 4,299
to exceed one thousand four hundred fifty dollars and costs; 4,300
(K) If the child was adjudicated a delinquent child for 4,303
committing an act that would be aggravated murder or murder if 4,304
committed by an adult, a fine not to exceed one thousand eight 4,305
hundred dollars and costs.
Sec. 2151.36. When a child has been committed as provided 4,314
100
by this chapter OR CHAPTER 2152. OF THE REVISED CODE, the 4,315
juvenile court shall issue an order pursuant to sections 3113.21 4,316
to 3113.219 of the Revised Code requiring that the parent, 4,317
guardian, or person charged with the child's support pay for the 4,318
care, support, maintenance, and education of the child. The 4,320
juvenile court shall order that the parents, guardian, or person 4,321
pay for the expenses involved in providing orthopedic, medical, 4,323
or surgical treatment for, or for special care of, the child, 4,324
enter a judgment for the amount due, and enforce the judgment by 4,325
execution as in the court of common pleas.
Any expenses incurred for the care, support, maintenance, 4,327
education, orthopedic, medical, or surgical treatment, and 4,329
special care of a child who has a legal settlement in another 4,330
county shall be at the expense of the county of legal settlement 4,331
if the consent of the juvenile judge of the county of legal 4,332
settlement is first obtained. When the consent is obtained, the 4,333
board of county commissioners of the county in which the child 4,334
has a legal settlement shall reimburse the committing court for 4,335
the expenses out of its general fund. If the department of human 4,336
services considers it to be in the best interest of any 4,337
delinquent, dependent, unruly, abused, or neglected child who has 4,338
a legal settlement in a foreign state or country that the child 4,339
be returned to the state or country of legal settlement, the 4,340
juvenile court may commit the child to the department for the 4,341
child's return to that state or country. 4,342
Any expenses ordered by the court for the care, support, 4,345
maintenance, education, orthopedic, medical, or surgical
treatment, or special care of a dependent, neglected, abused, 4,347
unruly, or delinquent child or of a juvenile traffic offender
under this chapter OR CHAPTER 2152. OF THE REVISED CODE, except 4,349
the part of the expense that may be paid by the state or federal 4,351
government or paid by the parents, guardians, or person charged
with the child's support pursuant to this section, shall be paid 4,352
from the county treasury upon specifically itemized vouchers, 4,354
101
certified to by the judge. The court shall not be responsible 4,355
for any expenses resulting from the commitment of children to any 4,357
home, public children services agency, private child placing 4,358
agency, or other institution, association, or agency, unless the 4,359
court authorized the expenses at the time of commitment. 4,361
Sec. 2151.38. (A) When a child is committed to the legal 4,370
custody of the department of youth services, the jurisdiction of 4,371
the juvenile court with respect to the child so committed shall 4,372
cease and terminate at the time of commitment, except as provided 4,373
in divisions (B), (C), and (G) of this section AND SECTION 4,375
2152.15 OF THE REVISED CODE. Subject to divisions (B) and (C) of 4,376
this section, sections 2151.353 and, 2151.411 to 2151.421, AND 4,377
2152.15 of the Revised Code, and any other provision of law that 4,380
specifies a different duration for a dispositional order, all 4,381
other dispositional orders made by the court shall be temporary 4,382
and shall continue for a period that is designated by the court 4,383
in its order, until terminated or modified by the court or until 4,384
the child attains twenty-one years of age.
The release authority of the department shall not release 4,387
the child from institutional care or institutional care in a 4,388
secure facility and as a result shall not discharge the child or 4,390
order the child's release on supervised release prior to the 4,391
expiration of the prescribed minimum period of 4,393
institutionalization or institutionalization in a secure facility 4,394
or prior to the child's attainment of twenty-one years of age, 4,396
whichever is applicable under the order of commitment, except
upon the order of a court pursuant to division (B) or (C) of this 4,400
section or in accordance with section 5139.54 of the Revised 4,402
Code. 4,403
(B)(1) If the department of youth services desires to 4,405
release a child during the first half of the prescribed minimum 4,406
term for which the child was committed to the department or, if 4,407
the child was committed to the department until the child attains 4,409
twenty-one OR TWENTY-FIVE years of age, during the first half of 4,411
102
the prescribed period of commitment that begins on the first day 4,412
of commitment and ends on the child's twenty-first OR 4,413
TWENTY-FIFTH birthday, AS APPROPRIATE, it shall request the court 4,414
that committed the child to the department for a judicial release 4,415
of the child from institutional care or institutional care in a 4,416
secure facility. During the first half of that prescribed 4,417
minimum term or of that prescribed period of commitment, 4,418
whichever of those periods is applicable, the child or the 4,419
parents of the child also may request that court to grant a
judicial release of the child from institutional care or 4,420
institutional care in a secure facility. Upon receipt of a 4,421
request for a judicial release from the department, the child, or 4,422
the child's parent or upon its own motion, the court that 4,423
committed the child shall approve the judicial release from 4,424
institutional care or institutional care in a secure facility by 4,425
journal entry, shall schedule within twenty days after the 4,426
request is received a time for a hearing on whether the child is 4,427
to be released under a judicial release, or shall reject the 4,428
request by journal entry without conducting a hearing. If the 4,430
court rejects an initial request for a judicial release by the 4,431
child or the child's parent, the child or the child's parent may 4,432
make one additional request for a judicial release within the 4,434
first half of the applicable prescribed minimum term or 4,435
prescribed period of commitment. The child or the child's parent 4,436
may make the additional request no earlier than thirty days after 4,437
the filing of the prior request for a judicial release. Upon the 4,438
filing by the child or the child's parent of a second request for 4,440
a judicial release, the court shall either approve or disapprove
the judicial release by journal entry or schedule within twenty 4,443
days after the request is received a time for a hearing on
whether the child is to be released under a judicial release. 4,444
(2) If a court schedules a hearing under division (B)(1) 4,448
of this section to determine whether a child should be granted a 4,449
judicial release, it may order the department to deliver the 4,450
103
child to the court on the date set for the hearing and may order 4,451
the department to present to the court a report on the child's 4,452
progress in the institution to which the child was committed and 4,453
recommendations for terms and conditions of supervision of the 4,454
child by the court after release. The court may conduct the 4,455
hearing without the child being present. The court shall 4,456
determine at the hearing whether the child should be granted a 4,457
judicial release from institutionalization or
institutionalization in a secure facility. If the court approves 4,459
the judicial release, the court shall order its staff to prepare 4,460
a written treatment and rehabilitation plan for the child that 4,461
may include any terms and conditions of the child's release that 4,462
were recommended by the department and approved by the court.
The committing court shall send the juvenile court of the county 4,464
in which the child is placed a copy of the recommended plan and 4,465
the terms and conditions set by the committing court. The court 4,466
of the county in which the child is placed may adopt the 4,467
recommended terms and conditions set by the committing court as 4,468
an order of the court and may add any additional consistent terms 4,469
and conditions it considers appropriate. If a child is granted a 4,470
judicial release, the judicial release discharges the child from 4,471
the custody of the department of youth services. 4,472
(C)(1) If a child is committed to the department of youth 4,474
services and has been in institutional care or institutional care 4,475
in a secure facility for more than one-half of the prescribed 4,476
minimum term for which the child was committed or, if the child 4,477
was committed to the department until the child attains 4,478
twenty-one OR TWENTY-FIVE years of age, for more than one-half of 4,479
the prescribed period of commitment that begins on the first day 4,481
of commitment and ends on the child's twenty-first OR 4,482
TWENTY-FIFTH birthday, AS APPROPRIATE, if the prescribed minimum 4,483
period of institutionalization or other statutorily required 4,485
period of institutionalization has not expired, and if the 4,487
department of youth services desires to release the child from 4,488
104
institutional care or institutional care in a secure facility, it 4,489
shall request the court that committed the child for an early 4,490
release from institutional care or institutional care in a secure 4,491
facility.
During the applicable period commencing upon the expiration 4,493
of the first half of that prescribed minimum term or prescribed 4,495
period of commitment and ending upon the expiration of the 4,497
required minimum or other period of institutionalization or 4,498
institutionalization in a secure facility, the child or the 4,500
child's parent also may request the court that committed the 4,501
child to grant an early release. Upon the receipt of a request 4,502
from the department, the child, or the child's parent or upon its 4,503
own motion at any time during that period, the court shall 4,504
approve the early release by journal entry, shall schedule a time 4,505
within thirty days after receipt of the request for a hearing on 4,506
whether the child is to be released, or shall reject the request 4,508
by journal entry without conducting a hearing. If the court 4,509
rejects an initial request for early release by the child or the 4,510
child's parents, within the period prescribed in division (C)(1) 4,511
of this section, the child or the child's parent may make one or 4,512
more subsequent requests for early release but may make no more 4,513
than one request for early release during each period of ninety 4,514
days that the child is institutionalized or institutionalized in 4,515
a secure facility after the filing of a prior request for early 4,516
release. Upon the filing of a request for early release 4,517
subsequent to an initial request, the court shall either approve 4,518
or disapprove the early release by journal entry or schedule a 4,519
time within thirty days after receipt of the request for a 4,520
hearing on whether the child is to be released. 4,521
(2) If a court schedules a hearing under division (C)(1) 4,524
of this section to determine whether a child committed to the 4,525
department should be granted an early release, it may order the 4,527
department to deliver the child to the court on the date set for 4,528
the hearing and shall order the department to present to the 4,529
105
court at that time a treatment plan for the child's 4,530
post-institutional care. The court may conduct the hearing 4,531
without the child being present. The court shall determine at 4,532
the hearing whether the child should be granted an early release 4,533
from institutionalization or institutionalization in a secure 4,534
facility. If the court approves the early release, the 4,536
department shall prepare a written treatment and rehabilitation 4,537
plan for the child pursuant to division (E) of this section that 4,539
shall include the terms and conditions of the child's release. 4,540
It shall send the committing court and the juvenile court of the 4,541
county in which the child is placed a copy of the plan and the 4,542
terms and conditions that it fixed. The court of the county in 4,543
which the child is placed may adopt the terms and conditions set 4,544
by the department as an order of the court and may add any 4,546
additional consistent terms and conditions it considers
appropriate, provided that the court may not add any term or 4,548
condition that decreases the level or degree of supervision 4,549
specified by the department in its plan, that substantially 4,550
increases the financial burden of supervision that will be 4,551
experienced by the department, or that alters the placement 4,552
specified by the department in its plan. If the court of the 4,553
county in which the child is placed adds to the department's plan 4,554
any additional terms and conditions, it shall enter those 4,555
additional terms and conditions in its journal and shall send to 4,556
the department a copy of the journal entry of the additional 4,557
terms and conditions.
(3) If the court approves or grants an early release for a 4,560
child under division (C)(1) or (2) of this section, the actual 4,562
date on which the department of youth services shall release the 4,563
child from institutional care or institutional care in a secure 4,564
facility is contingent upon the department finding a suitable 4,565
placement for the child. If the child is to be returned to the 4,566
child's home, the department shall return the child to the home 4,567
on the date that the court schedules for the child's release or 4,568
106
shall bear the expense of any additional time that the child 4,569
remains in institutional care or institutional care in a secure 4,570
facility. If the child is unable to return to the child's home, 4,571
the department shall exercise reasonable diligence in finding a 4,572
suitable placement for the child, and the child shall remain in 4,573
institutional care or institutional care in a secure facility 4,574
while the department finds the suitable placement. 4,575
(D) If a child is released under division (B) or (C) of 4,578
this section and the court of the county in which the child is 4,579
placed has reason to believe that the child's deportment is not 4,580
in accordance with the post-release terms and conditions of the 4,582
child's judicial release or early release, the court of the 4,583
county in which the child is placed shall schedule a time for a 4,584
hearing to determine whether the child violated any of the 4,586
post-release terms and conditions, and, if the child was released 4,587
under division (C) of this section, divisions (A) to (E) of 4,588
section 5139.52 of the Revised Code apply regarding the child. 4,589
If that court determines at the hearing that the child violated 4,591
any of the post-release terms and conditions, the court, if it 4,592
determines that the violation of the terms and conditions was a 4,594
serious violation, may order the child to be returned to the 4,595
department for institutionalization or institutionalization in a 4,596
secure facility, consistent with the original order of commitment 4,597
of the child, or in any case may make any other disposition of 4,598
the child authorized by law that the court considers proper. If 4,599
the court of the county in which the child is placed orders the 4,600
child to be returned to a department of youth services 4,601
institution, the time during which the child was 4,602
institutionalized or institutionalized in a secure facility prior 4,603
to the child's judicial release or early release shall be 4,605
considered as time served in fulfilling the prescribed minimum 4,606
period or prescribed period of institutionalization or
institutionalization in a secure facility that is applicable to 4,608
the child under the child's original order of commitment. If the 4,609
107
court orders the child returned to a department of youth services 4,610
institution, the child shall remain in institutional care for a 4,611
minimum period of three months or until the child successfully 4,612
completes a revocation program of a duration of not less than 4,614
thirty days operated either by the department or by an entity 4,615
with whom the department has contracted to provide a revocation 4,617
program.
(E) The department of youth services, prior to the release 4,619
of a child pursuant to division (C) of this section, shall do all 4,621
of the following:
(1) After reviewing the child's rehabilitative progress 4,623
history and medical and educational records, prepare a written 4,624
treatment and rehabilitation plan for the child that shall 4,625
include terms and conditions of the release; 4,626
(2) Completely discuss the terms and conditions of the 4,628
plan prepared pursuant to division (E)(1) of this section and the 4,630
possible penalties for violation of the plan with the child and 4,631
the child's parents, guardian, or legal custodian; 4,632
(3) Have the plan prepared pursuant to division (E)(1) of 4,635
this section signed by the child, the child's parents, legal 4,636
guardian, or custodian, and any authority or person that is to 4,638
supervise, control, and provide supportive assistance to the 4,639
child at the time of the child's release pursuant to division (C) 4,640
of this section; 4,641
(4) File a copy of the treatment plan prepared pursuant to 4,643
division (E)(1) of this section, prior to the child's release, 4,645
with the committing court and the juvenile court of the county in 4,646
which the child is to be placed. 4,647
(F) The department of youth services shall file a written 4,649
progress report with the committing court regarding each child 4,650
released pursuant to division (C) of this section, at least once 4,652
every thirty days unless specifically directed otherwise by the 4,653
court. The report shall indicate the treatment and 4,654
rehabilitative progress of the child and the child's family, if
108
applicable, and shall include any suggestions and recommendations 4,655
for alteration of the program, custody, living arrangements, or 4,656
treatment. The department shall retain legal custody of a child 4,657
so released until it discharges the child or until the custody is 4,658
terminated as otherwise provided by law. 4,659
(G)(1) As used in division (G)(2) of this section, 4,663
"release authority" and "supervised release" have the same 4,664
meanings as in section 5139.01 of the Revised Code. 4,665
(2) When a child is committed to the legal custody of the 4,667
department of youth services, the court retains jurisdiction to 4,668
perform the functions specified in section 5139.51 of the Revised 4,670
Code with respect to the granting of supervised release by the 4,672
release authority and to perform the functions specified in 4,673
section 5139.52 of the Revised Code with respect to violations of 4,676
the terms and conditions of supervised release granted by the
release authority and to the revocation of supervised release 4,678
granted by the release authority.
Sec. 2151.411. (A) A parent of a child whose marriage to 4,687
the other parent of the child has not been terminated by divorce, 4,688
dissolution of marriage, or annulment, a parent who has parental 4,689
rights and responsibilities for the care of a child and is the 4,690
residential parent and legal custodian of the child, a guardian 4,691
who has custody of a child, or any other custodian of a child is
charged with the control of the child and shall have the power to 4,693
exercise parental control and authority over the child. 4,694
(B) If a child is adjudicated a delinquent child and 4,696
placed on probation, if a parent of the child whose marriage to 4,697
the other parent of the child has not been terminated by divorce, 4,698
dissolution of marriage, or annulment or the parent who has 4,699
parental rights and responsibilities for the care of the child 4,700
and is the residential parent and legal custodian of the child 4,701
was notified prior to the adjudication hearing of the provisions 4,702
of this division and of the possibility that the provisions may 4,703
be applied to the parent, and if the court finds at the hearing 4,704
109
that the parent has failed or neglected to subject the child to 4,705
reasonable parental control and authority and that that parent's 4,706
failure or neglect is the proximate cause of the act or acts of 4,707
the child upon which the delinquent child adjudication is based, 4,708
the court may require that parent to enter into a recognizance 4,709
with sufficient surety, in an amount of not more than five 4,710
hundred dollars, conditioned upon the faithful discharge of the 4,711
conditions of probation of the child. If the child then commits 4,712
a second act and is adjudicated a delinquent child for the 4,713
commission of the second act or violates the conditions of 4,714
probation and if the court finds at the hearing that the failure 4,715
or neglect of a parent of the child whose marriage to the other 4,716
parent of the child has not been terminated by divorce,
dissolution of marriage, or annulment or the parent who has 4,717
parental rights and responsibilities for the care of the child 4,718
and is the residential parent and legal custodian of the child to 4,719
subject the child to reasonable parental control and authority or 4,720
faithfully to discharge the conditions of probation of the child 4,721
on the part of that parent is the proximate cause of the act or 4,722
acts of the child upon which the second delinquent child 4,723
adjudication is based or upon which the child is found to have 4,724
violated the conditions of the child's probation, the court may 4,726
declare all or a part of the recognizance forfeited. The 4,727
proceeds of the forfeited recognizance shall be used to pay any 4,728
damages caused by the child, and the proceeds of the forfeited 4,729
recognizance remaining after the payment of any damages shall be 4,730
paid into the county treasury. 4,731
(C)(1) If a child is adjudicated a delinquent child, the 4,733
court may issue an order requiring either parent or both parents 4,735
of the child whose marriage to the other parent of the child has 4,736
not been terminated by divorce, dissolution of marriage, or 4,737
annulment, the parent who has parental rights and
responsibilities for the care of the child and is the residential 4,738
parent and legal custodian of the child, or the guardian or other 4,739
110
custodian of the child to exercise appropriate and necessary 4,740
control and authority over the child to ensure that the child 4,741
complies with the terms and conditions of probation imposed upon 4,742
the child, treatment or testing that the child is required to 4,743
take part in, and the terms of any other order of disposition 4,744
that the court imposed upon the child pursuant to section 4,745
2151.355 CHAPTER 2152. of the Revised Code. The court shall give 4,747
a copy of the order to the child and to the parent, guardian, or 4,748
custodian who is the subject of the order and shall notify that 4,749
parent, guardian, or custodian that a willful failure to comply 4,750
with the order is contempt of court. If the court determines 4,751
that any parent, guardian, or custodian willfully has failed to 4,752
comply with an order issued pursuant to division (C)(1) of this 4,753
section, it may punish the parent, guardian, or custodian for 4,754
contempt of court or take other action that it determines is 4,755
necessary to ensure that the child will comply with the terms and 4,756
conditions of the order of disposition made pursuant to section 4,757
2151.355 of the Revised Code. 4,758
(2)(a) If a child is adjudicated a delinquent child and is 4,760
granted probation under division (A)(2) of section 2151.355 of 4,762
the Revised Code, the court that places the child on probation 4,763
shall provide the written notice described in division (C)(2)(b) 4,764
of this section to the following individuals:
(i) To each parent of the child whose marriage to the 4,766
other parent of the child has not been terminated by divorce, 4,767
dissolution of marriage, or annulment; 4,768
(ii) To the parent of the child who has parental rights 4,770
and responsibilities for the care of the child and who is the 4,772
residential parent and legal custodian of the child and, if the 4,774
court knows or is able to determine through the exercise of
reasonable diligence the identity and residence address of the 4,775
parent of the child who does not have parental rights and 4,776
responsibilities for the care of the child and who is not the 4,777
residential parent and legal custodian of the child, to that 4,778
111
parent;
(iii) To the guardian who has custody of the child; 4,780
(iv) To the other custodian of the child. 4,782
(b) The court that places the child on probation shall 4,784
provide the appropriate individuals described in division 4,785
(C)(2)(a) of this section with a written notice that informs them 4,786
that authorized probation officers who are engaged within the 4,787
scope of their supervisory duties or responsibilities may conduct 4,788
searches as described in division (L) of section 2151.355 of the 4,789
Revised Code during the period of probation if they have 4,790
reasonable grounds to believe that the child is not abiding by 4,791
the law or otherwise is not complying with the conditions of the 4,792
child's probation. The notice shall specifically state that a 4,793
permissible search might extend to a motor vehicle, another item
of tangible or intangible personal property, or a place of 4,794
residence or other real property in which a notified parent, 4,795
guardian, or custodian has a right, title, or interest and that 4,796
the parent, guardian, or custodian expressly or impliedly permits 4,797
the child to use, occupy, or possess.
(D) The provisions of this section dealing with the 4,799
failure or neglect of parents to subject a child to reasonable 4,800
parental control and authority are in addition to and not in 4,801
substitution for any other provision of this chapter dealing with 4,802
the failure or neglect of a person to exercise parental control 4,803
or authority over a child. The provisions of division (B) of 4,804
this section do not apply to foster parents. 4,805
Sec. 2151.65. Upon the advice and recommendation of the 4,814
juvenile judge, the board of county commissioners may provide by 4,815
purchase, lease, construction, or otherwise a school, forestry 4,816
camp, or other facility or facilities where delinquent CHILDREN, 4,817
as defined in section 2151.02 2152.02 of the Revised Code, 4,818
dependent CHILDREN, abused CHILDREN, unruly CHILDREN, as defined 4,820
in section 2151.022 of the Revised Code, or neglected children or 4,822
juvenile traffic offenders may be held for training, treatment, 4,823
112
and rehabilitation. Upon the joint advice and recommendation of 4,824
the juvenile judges of two or more adjoining or neighboring 4,825
counties, the boards of county commissioners of such counties may 4,826
form themselves into a joint board and proceed to organize a 4,827
district for the establishment and support of a school, forestry 4,828
camp, or other facility or facilities for the use of the juvenile 4,829
courts of such counties, where delinquent, dependent, abused, 4,830
unruly, or neglected children, or juvenile traffic offenders may 4,831
be held for treatment, training, and rehabilitation, by using a 4,832
site or buildings already established in one such county, or by 4,833
providing for the purchase of a site and the erection of the 4,834
necessary buildings thereon. Such county or district school, 4,835
forestry camp, or other facility or facilities shall be 4,836
maintained as provided in sections 2151.01 to 2151.80 CHAPTERS 4,837
2151. AND 2152. of the Revised Code. Children who are adjudged to 4,839
be delinquent, dependent, neglected, abused, unruly, or juvenile 4,840
traffic offenders may be committed to and held in any such 4,841
school, forestry camp, or other facility or facilities for 4,842
training, treatment, and rehabilitation.
The juvenile court shall determine: 4,844
(A) The children to be admitted to any school, forestry 4,846
camp, or other facility maintained under this section; 4,847
(B) The period such children shall be trained, treated, 4,849
and rehabilitated at such facility; 4,850
(C) The removal and transfer of children from such 4,852
facility. 4,853
Sec. 2151.651. The board of county commissioners of a 4,862
county which, either separately or as part of a district, is 4,863
planning to establish a school, forestry camp, or other facility 4,864
under section 2151.65 of the Revised Code, to be used exclusively 4,865
for the rehabilitation of children between the ages of twelve to 4,866
eighteen years, other than psychotic or mentally retarded 4,867
children, who are designated delinquent CHILDREN, as defined in 4,868
section 2151.02 2152.02 of the Revised Code, or unruly CHILDREN, 4,871
113
as defined in section 2151.022 of the Revised Code, by order of a 4,872
juvenile court, may make application to the department of youth 4,873
services, created under division (B) of section 5139.01 of the 4,874
Revised Code, for financial assistance in defraying the county's 4,875
share of the cost of acquisition or construction of such school, 4,876
camp, or other facility, as provided in section 5139.27 of the 4,877
Revised Code. Such application shall be made on forms prescribed 4,878
and furnished by the department. 4,879
Sec. 2151.652. The board of county commissioners of a 4,888
county or the board of trustees of a district maintaining a 4,889
school, forestry camp, or other facility established under 4,890
section 2151.65 of the Revised Code, used exclusively for the 4,891
rehabilitation of children between the ages of twelve to eighteen 4,892
years, other than psychotic or mentally retarded children, who 4,893
are designated delinquent CHILDREN, as defined in section 2151.02 4,895
2152.02 of the Revised Code, or unruly CHILDREN, as defined in 4,896
section 2151.022 of the Revised Code, by order of a juvenile 4,897
court, may make application to the department of youth services, 4,898
created under division (B) of section 5139.01 of the Revised 4,899
Code, for financial assistance in defraying the cost of operating 4,900
and maintaining such school, forestry camp, or other facility, as 4,901
provided in section 5139.28 of the Revised Code. 4,902
Such application shall be made on forms prescribed and 4,904
furnished by the department. 4,905
Sec. 2151.655. (A) The taxing authority of a county may 4,914
issue general obligation securities of the county under Chapter 4,915
133. of the Revised Code to pay such county's share, either 4,916
separately or as a part of a district, of the cost of acquiring 4,917
schools, detention homes, forestry camps, or other facilities, or 4,918
any combination thereof, under section 2151.34 2152.41 or 2151.65 4,920
of the Revised Code, or of acquiring sites for and constructing, 4,921
enlarging, or otherwise improving such schools, detention homes, 4,922
forestry camps, other facilities, or combinations thereof. 4,923
(B) The taxing authority of a detention home district, or 4,925
114
a district organized under section 2151.65 of the Revised Code, 4,926
or of a combined district organized under sections 2151.34 4,927
2152.41 and 2151.65 of the Revised Code, may submit to the 4,929
electors of the district the question of issuing general 4,930
obligation bonds of the district to pay the cost of acquiring, 4,931
constructing, enlarging, or otherwise improving sites, buildings, 4,932
and facilities for any purposes for which the district was 4,933
organized. The election on such question shall be submitted and 4,934
held under section 133.18 of the Revised Code. 4,935
Sec. 2151.78. The board of county commissioners of any 4,944
county within a school, forestry camp, or other facility or 4,945
facilities district may, upon the recommendation of the juvenile 4,946
court of such county, withdraw from such district and dispose of 4,947
its interest in such school, forestry camp, or other facility or 4,948
facilities selling or leasing its right, title, and interest in 4,949
the site, buildings, furniture, and equipment to any counties in 4,950
the district, at such price and upon such terms as are agreed 4,951
upon among the boards of county commissioners of the counties 4,952
concerned. Section 307.10 of the Revised Code does not appy 4,953
APPLY to this section. The net proceeds of any such sale or 4,954
lease shall be paid into the treasury of the withdrawing county. 4,955
Any county withdrawing from such district or from a 4,957
combined district organized under sections 2151.34 2152.41 and 4,958
2151.65 of the Revised Code shall continue to have levied against 4,960
its tax duplicate any tax levied by the district during the 4,961
period in which the county was a member of the district for 4,962
current operating expenses, permanent improvements, or the 4,963
retirement of bonded indebtedness. Such levy shall continue to 4,964
be a levy against such duplicate of the county until such time 4,965
that it expires or is renewed. 4,966
Members of the board of trustees of a district school, 4,968
forestry camp, or other facility or facilities who are residents 4,969
of a county withdrawing from such district are deemed to have 4,970
resigned their positions upon the completion of the withdrawal 4,971
115
procedure provided by this section. Vacancies then created shall 4,972
be filled according to sections 2151.68 and 2151.74 of the 4,973
Revised Code. 4,974
Sec. 2151.79. The county auditor of the county having the 4,983
greatest population, or, with the unanimous concurrence of the 4,984
county auditors of the counties composing a facilities district, 4,985
the auditor of the county wherein the facility is located, shall 4,986
be the fiscal officer of a district organized under section 4,987
2151.65 of the Revised Code or a combined district organized
under sections 2151.34 2152.41 and 2151.65 of the Revised Code. 4,989
The county auditors of the several counties composing a school, 4,990
forestry camp, or other facility or facilities district, shall 4,991
meet at the district school, forestry camp, or other facility or 4,992
facilities not less than once in each six months, to review
accounts and to transact such other duties in connection with the 4,993
institution as pertain to the business of their office. 4,994
Sec. 2151.99. (A) Whoever violates division (D)(2) or (3) 5,003
of section 2151.313 or division (A)(1) or (H)(2) of section 5,004
2151.421 of the Revised Code is guilty of a misdemeanor of the 5,005
fourth degree.
(B) Whoever violates division (D)(1) of section 2151.313 5,007
of the Revised Code is guilty of a minor misdemeanor. 5,008
(C) Whoever violates division (G) of section 2151.62 of 5,011
the Revised Code is guilty of a minor misdemeanor.
Sec. 2152.01. (A) THE OVERRIDING PURPOSES FOR 5,013
DISPOSITIONS UNDER THIS CHAPTER ARE TO PROTECT THE PUBLIC 5,014
INTEREST AND SAFETY, HOLD THE OFFENDER ACCOUNTABLE FOR THE 5,015
OFFENDER'S ACTIONS, RESTORE THE VICTIM, AND REHABILITATE THE 5,016
OFFENDER. THESE PURPOSES SHALL BE ACHIEVED BY A SYSTEM OF 5,017
GRADUATED SANCTIONS AND SERVICES.
(B) DISPOSITIONS UNDER THIS CHAPTER SHALL BE REASONABLY 5,019
CALCULATED TO ACHIEVE THE OVERRIDING PURPOSES SET FORTH IN THIS 5,021
SECTION, COMMENSURATE WITH AND NOT DEMEANING TO THE SERIOUSNESS 5,022
WITH AND NOT DEMEANING TO THE SERIOUSNESS OF THE DELINQUENT 5,023
116
CHILD'S OR THE JUVENILE TRAFFIC OFFENDER'S CONDUCT AND ITS IMPACT 5,025
ON THE VICTIM, AND CONSISTENT WITH DISPOSITIONS FOR SIMILAR ACTS 5,026
COMMITTED BY SIMILAR DELINQUENT CHILDREN AND JUVENILE TRAFFIC
OFFENDERS. THE COURT SHALL NOT BASE THE DISPOSITION ON THE RACE, 5,028
ETHNIC BACKGROUND, GENDER, OR RELIGION OF THE DELINQUENT CHILD OR 5,029
JUVENILE TRAFFIC OFFENDER.
(C) TO THE EXTENT THEY DO NOT CONFLICT WITH THIS CHAPTER, 5,031
THE PROVISIONS OF CHAPTER 2151. OF THE REVISED CODE APPLY TO THE 5,032
PROCEEDINGS UNDER THIS CHAPTER. 5,033
Sec. 2152.02. AS USED IN THIS CHAPTER: 5,035
(A) "ACT CHARGED" MEANS THE ACT THAT IS IDENTIFIED IN A 5,037
COMPLAINT ALLEGING THAT A CHILD IS A DELINQUENT CHILD. 5,038
(B) "ADMITTED TO A DEPARTMENT OF YOUTH SERVICES FACILITY" 5,040
INCLUDES ADMISSION TO A FACILITY OPERATED, OR CONTRACTED FOR, BY 5,041
THE DEPARTMENT AND ADMISSION TO A COMPARABLE FACILITY OUTSIDE 5,042
THIS STATE BY ANOTHER STATE OR THE UNITED STATES. 5,043
(C)(1) "CHILD" MEANS A PERSON WHO IS UNDER EIGHTEEN YEARS 5,045
OF AGE, EXCEPT AS OTHERWISE PROVIDED IN DIVISIONS (C)(2) TO (5) 5,046
OF THIS SECTION. 5,047
(2) SUBJECT TO DIVISION (C)(3) OF THIS SECTION, ANY PERSON 5,049
WHO VIOLATES A FEDERAL OR STATE LAW OR A MUNICIPAL ORDINANCE 5,050
PRIOR TO ATTAINING EIGHTEEN YEARS OF AGE SHALL BE DEEMED A 5,051
"CHILD" IRRESPECTIVE OF THAT PERSON'S AGE AT THE TIME THE 5,052
COMPLAINT WITH RESPECT TO THAT VIOLATION IS FILED OR THE HEARING 5,053
ON THE COMPLAINT IS HELD. 5,054
(3) ANY PERSON WHO, WHILE UNDER EIGHTEEN YEARS OF AGE, 5,056
COMMITS AN ACT THAT WOULD BE A FELONY IF COMMITTED BY AN ADULT 5,057
AND WHO IS NOT TAKEN INTO CUSTODY OR APPREHENDED FOR THAT ACT 5,058
UNTIL AFTER THE PERSON ATTAINS TWENTY-ONE YEARS OF AGE IS NOT A 5,059
CHILD IN RELATION TO THAT ACT.
(4) ANY PERSON WHOSE CASE IS TRANSFERRED FOR CRIMINAL 5,061
PROSECUTION PURSUANT TO SECTION 2152.12 OF THE REVISED CODE SHALL 5,062
BE DEEMED AFTER THE TRANSFER NOT TO BE A CHILD IN THE TRANSFERRED 5,063
CASE.
117
(5) ANY PERSON WHOSE CASE IS TRANSFERRED FOR CRIMINAL 5,065
PROSECUTION PURSUANT TO SECTION 2152.12 OF THE REVISED CODE AND 5,066
WHO SUBSEQUENTLY IS CONVICTED OF OR PLEADS GUILTY TO A FELONY IN 5,067
THAT CASE SHALL BE DEEMED AFTER THE TRANSFER NOT TO BE A CHILD IN 5,068
ANY CASE IN WHICH THE PERSON IS ALLEGED TO HAVE COMMITTED PRIOR 5,069
TO OR SUBSEQUENT TO THE TRANSFER AN ACT THAT WOULD BE AN OFFENSE 5,070
IF COMMITTED BY AN ADULT. AFTER A PERSON IS DEEMED PURSUANT TO 5,071
THIS DIVISION NOT TO BE A CHILD, A JUVENILE COURT IN WHICH IS 5,072
PENDING A CURRENT COMPLAINT THAT ALLEGES THAT THE CHILD COMMITTED 5,073
A DELINQUENT ACT THAT WOULD BE AN OFFENSE IF COMMITTED BY AN 5,074
ADULT OR IN WHICH IS SUBSEQUENTLY FILED A COMPLAINT ALLEGING THAT 5,075
THE CHILD COMMITTED A DELINQUENT ACT THAT WOULD BE AN OFFENSE IF 5,076
COMMITTED BY AN ADULT, ON THE NEXT COURT DAY AFTER VERIFICATION 5,077
OF THE PRIOR TRANSFER AND THE PRIOR CRIMINAL PROSECUTION AND 5,078
CONVICTION, SHALL TRANSFER TO THE APPROPRIATE COURT THE CASE 5,079
INVOLVING THE PENDING OR SUBSEQUENTLY FILED COMPLAINT ALLEGING 5,080
THAT THE PERSON COMMITTED AN ACT THAT WOULD BE AN OFFENSE IF 5,081
COMMITTED BY AN ADULT, REGARDLESS OF THE PERSON'S AGE. THIS 5,082
DIVISION APPLIES TO A CASE REGARDLESS OF WHETHER THE PRIOR OR 5,083
SUBSEQUENT ACT THAT IS ALLEGED IN THE CASE AND THAT WOULD BE AN 5,084
OFFENSE IF COMMITTED BY AN ADULT ALLEGEDLY WAS COMMITTED IN THE 5,085
SAME COUNTY IN WHICH THE CASE WAS TRANSFERRED OR IN ANOTHER 5,086
COUNTY AND REGARDLESS OF WHETHER THE COMPLAINT IN THE CASE 5,087
INVOLVED WAS FILED IN THE SAME COUNTY IN WHICH THE CASE WAS 5,088
TRANSFERRED OR IN ANOTHER COUNTY. THIS DIVISION APPLIES TO A
CASE THAT INVOLVES AN ACT COMMITTED PRIOR TO THE TRANSFER ONLY 5,089
WHEN THE PRIOR ACT ALLEGED IN THE CASE HAS NOT BEEN DISPOSED OF 5,090
BY A JUVENILE COURT OR TRIAL COURT. 5,091
(D) "COMMUNITY CORRECTIONS FACILITY," "PUBLIC SAFETY 5,093
BEDS," "RELEASE AUTHORITY," AND "SUPERVISED RELEASE" HAVE THE 5,094
SAME MEANINGS AS IN SECTION 5139.01 OF THE REVISED CODE. 5,095
(E) "DELINQUENT CHILD" INCLUDES ANY OF THE FOLLOWING: 5,097
(1) ANY CHILD, EXCEPT A JUVENILE TRAFFIC OFFENDER, WHO 5,099
VIOLATES ANY LAW OF THIS STATE OR THE UNITED STATES, OR ANY 5,100
118
ORDINANCE OF A POLITICAL SUBDIVISION OF THE STATE, THAT WOULD BE 5,102
AN OFFENSE IF COMMITTED BY AN ADULT; 5,103
(2) ANY CHILD WHO VIOLATES ANY LAWFUL ORDER OF THE COURT 5,105
MADE UNDER THIS CHAPTER OR UNDER CHAPTER 2151. OF THE REVISED 5,107
CODE;
(3) ANY CHILD WHO VIOLATES DIVISION (A) OF SECTION 5,109
2923.211 OF THE REVISED CODE. 5,110
(F) "DISCRETIONARY EJJ" MEANS THAT A CASE IS ELIGIBLE FOR 5,113
AN EXTENDED JUVENILE JURISDICTION DISPOSITION, IN THE JUVENILE 5,114
COURT'S DISCRETION, UNDER SECTION 2152.15 OF THE REVISED CODE. 5,115
(G) "DISCRETIONARY SYO" MEANS THAT A CASE IS ELIGIBLE FOR 5,118
A SERIOUS YOUTHFUL OFFENDER DISPOSITION, IN THE JUVENILE COURT'S 5,119
DISCRETION, UNDER SECTION 2152.13 OF THE REVISED CODE. 5,120
(H) "DISCRETIONARY TRANSFER" MEANS THAT THE JUVENILE COURT 5,122
HAS DISCRETION TO TRANSFER A CASE FOR CRIMINAL PROSECUTION UNDER 5,123
DIVISION (C) OF SECTION 2152.12 OF THE REVISED CODE. 5,124
(I) "DRUG ABUSE OFFENSE," "FELONY DRUG ABUSE OFFENSE," AND 5,126
"MINOR DRUG POSSESSION OFFENSE" HAVE THE SAME MEANINGS AS IN 5,127
SECTION 2925.01 OF THE REVISED CODE. 5,128
(J) "ELECTRONIC MONITORING DEVICE," "CERTIFIED ELECTRONIC 5,130
MONITORING DEVICE," "ELECTRONICALLY MONITORED HOUSE ARREST," 5,131
"ELECTRONIC MONITORING SYSTEM," AND "CERTIFIED ELECTRONIC 5,132
MONITORING SYSTEM" HAVE THE SAME MEANINGS AS IN SECTION 2929.23 5,133
OF THE REVISED CODE.
(K) "ECONOMIC LOSS" MEANS ANY ECONOMIC DETRIMENT SUFFERED 5,135
BY A VICTIM OF A DELINQUENT ACT AS A RESULT OF THE DELINQUENT ACT 5,136
AND INCLUDES ANY LOSS OF INCOME DUE TO LOST TIME AT WORK BECAUSE 5,137
OF ANY INJURY CAUSED TO THE VICTIM AND ANY PROPERTY LOSS, MEDICAL 5,138
COST, OR FUNERAL EXPENSE INCURRED AS A RESULT OF THE DELINQUENT 5,139
ACT. 5,140
(L) AN ACT CHARGED IS "ENHANCED" IF ANY OF THE FACTORS 5,142
DESCRIBED IN DIVISION (A)(1), (2), OR (3) OF SECTION 2152.11 OF 5,143
THE REVISED CODE IS SPECIFIED IN THE COMPLAINT AND PROVEN. 5,145
(M) "FIREARM" HAS THE SAME MEANING AS IN SECTION 2923.11 5,147
119
OF THE REVISED CODE. 5,148
(N) "JUVENILE TRAFFIC OFFENDER" MEANS ANY CHILD WHO 5,150
VIOLATES ANY TRAFFIC LAW, TRAFFIC ORDINANCE, OR TRAFFIC 5,151
REGULATION OF THIS STATE, THE UNITED STATES, OR ANY POLITICAL 5,152
SUBDIVISION OF THIS STATE, OTHER THAN A RESOLUTION, ORDINANCE, OR 5,153
REGULATION OF A POLITICAL SUBDIVISION OF THIS STATE THE VIOLATION 5,154
OF WHICH IS REQUIRED TO BE HANDLED BY A PARKING VIOLATIONS BUREAU 5,155
OR A JOINT PARKING VIOLATIONS BUREAU PURSUANT TO CHAPTER 4521. OF 5,156
THE REVISED CODE.
(O) "MANDATORY SYO" MEANS THAT A CASE IS REQUIRED TO HAVE 5,159
A MANDATORY SERIOUS YOUTHFUL OFFENDER DISPOSITION UNDER SECTION 5,160
2152.13 OF THE REVISED CODE. 5,161
(P) "MANDATORY TRANSFER" MEANS THAT A CASE IS REQUIRED TO 5,163
BE TRANSFERRED FOR CRIMINAL PROSECUTION UNDER DIVISION (A) OF 5,164
SECTION 2152.12 OF THE REVISED CODE. 5,165
(Q) "MONITORED TIME" AND "REPEAT VIOLENT OFFENDER" HAVE 5,167
THE SAME MEANINGS AS IN SECTION 2929.01 OF THE REVISED CODE. 5,168
(R) "OFFENSE OF VIOLENCE" HAS THE SAME MEANING AS IN 5,170
SECTION 2901.01 OF THE REVISED CODE. 5,171
(S) "PRESUMED TRANSFER" MEANS THAT THERE IS A REBUTTABLE 5,173
PRESUMPTION THAT A CASE SHOULD BE TRANSFERRED FOR CRIMINAL 5,174
PROSECUTION UNDER DIVISION (B) OF SECTION 2152.12 OF THE REVISED 5,175
CODE. 5,176
(T) "PUBLIC RECORD" HAS THE SAME MEANING AS IN SECTION 5,178
149.43 OF THE REVISED CODE. 5,179
(U) "SEXUALLY ORIENTED OFFENSE" HAS THE SAME MEANING AS IN 5,181
SECTION 2950.01 OF THE REVISED CODE. 5,182
(V) "TRADITIONAL JUVENILE" MEANS THAT A CASE IS NOT 5,184
ELIGIBLE FOR A DISPOSITION UNDER SECTION 2152.13 OR 2152.15 OF 5,185
THE REVISED CODE. 5,186
(W) "TRANSFER" MEANS THE TRANSFER FOR CRIMINAL PROSECUTION 5,188
OF A CASE INVOLVING THE ALLEGED COMMISSION BY A CHILD OF AN ACT 5,189
THAT WOULD BE AN OFFENSE IF COMMITTED BY AN ADULT FROM THE 5,190
JUVENILE COURT TO THE APPROPRIATE COURT THAT HAS JURISDICTION OF 5,191
120
THE OFFENSE. 5,192
Sec. 2152.021. (A) ANY PERSON HAVING KNOWLEDGE OF A CHILD 5,194
WHO APPEARS TO BE A JUVENILE TRAFFIC OFFENDER OR TO BE A 5,195
DELINQUENT CHILD MAY FILE A SWORN COMPLAINT WITH RESPECT TO THAT 5,196
CHILD IN THE JUVENILE COURT OF THE COUNTY IN WHICH THE CHILD HAS 5,197
A RESIDENCE OR LEGAL SETTLEMENT OR IN WHICH THE TRAFFIC OFFENSE 5,198
OR DELINQUENT ACT ALLEGEDLY OCCURRED. THE SWORN COMPLAINT MAY BE 5,199
UPON INFORMATION AND BELIEF, AND, IN ADDITION TO THE ALLEGATION 5,200
THAT THE CHILD IS A DELINQUENT CHILD OR A JUVENILE TRAFFIC 5,201
OFFENDER, THE COMPLAINT SHALL ALLEGE THE PARTICULAR FACTS UPON 5,202
WHICH THE ALLEGATION THAT THE CHILD IS A DELINQUENT CHILD OR A 5,203
JUVENILE TRAFFIC OFFENDER IS BASED.
IF A CHILD APPEARS TO BE A DELINQUENT CHILD WHO IS ELIGIBLE 5,205
FOR A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE UNDER 5,206
SECTION 2152.11 OF THE REVISED CODE AND IF THE PROSECUTING 5,207
ATTORNEY DESIRES TO SEEK A SERIOUS YOUTHFUL OFFENDER 5,209
DISPOSITIONAL SENTENCE UNDER SECTION 2152.13 OF THE REVISED CODE 5,211
IN REGARD TO THE CHILD, THE PROSECUTING ATTORNEY OF THE COUNTY IN 5,212
WHICH THE CHILD HAS A LEGAL RESIDENCE OR LEGAL SETTLEMENT OR IN 5,213
WHICH THE ALLEGED DELINQUENCY OCCURS MAY INITIATE A CASE IN THE 5,214
JUVENILE COURT OF THE COUNTY BY PRESENTING THE CASE TO A GRAND 5,215
JURY FOR INDICTMENT PURSUANT TO DIVISION (C) OF SECTION 2152.13 5,216
OF THE REVISED CODE. 5,217
(B) IF A CHILD, BEFORE THE CHILD IS EIGHTEEN YEARS OF AGE, 5,219
ALLEGEDLY COMMITS AN ACT FOR WHICH THE CHILD MAY BE ADJUDICATED A 5,220
DELINQUENT CHILD OR A JUVENILE TRAFFIC OFFENDER AND IF THE 5,221
SPECIFIC COMPLAINT ALLEGING THE ACT IS NOT FILED OR A HEARING ON 5,222
THAT SPECIFIC COMPLAINT IS NOT HELD UNTIL AFTER THE CHILD IS 5,224
EIGHTEEN YEARS OF AGE, THE COURT HAS JURISDICTION TO HEAR AND 5,225
DISPOSE OF THE COMPLAINT AS IF THE COMPLAINT WERE FILED AND THE 5,226
HEARING HELD BEFORE THE CHILD WAS EIGHTEEN YEARS OF AGE. 5,227
(C) FOR PURPOSES OF THE RECORD TO BE MAINTAINED BY THE 5,229
CLERK UNDER DIVISION (B) OF SECTION 2152.71 OF THE REVISED CODE, 5,231
WHEN A COMPLAINT IS FILED THAT ALLEGES THAT A CHILD IS A 5,232
121
DELINQUENT CHILD, THE COURT SHALL DETERMINE IF THE VICTIM OF THE 5,233
ALLEGED DELINQUENT ACT WAS SIXTY-FIVE YEARS OF AGE OR OLDER OR 5,234
PERMANENTLY AND TOTALLY DISABLED AT THE TIME OF THE ALLEGED 5,235
COMMISSION OF THE ACT. 5,236
(D) ANY PERSON WITH STANDING UNDER APPLICABLE LAW MAY FILE 5,238
A COMPLAINT FOR THE DETERMINATION OF ANY OTHER MATTER OVER WHICH 5,239
THE JUVENILE COURT IS GIVEN JURISDICTION BY SECTION 2151.23 OF 5,240
THE REVISED CODE. THE COMPLAINT SHALL BE FILED IN THE COUNTY IN 5,242
WHICH THE CHILD WHO IS THE SUBJECT OF THE COMPLAINT IS FOUND OR 5,243
WAS LAST KNOWN TO BE FOUND. 5,244
(E) WITHIN TEN DAYS AFTER THE FILING OF A COMPLAINT OR THE 5,246
ISSUANCE OF AN INDICTMENT, THE COURT SHALL GIVE WRITTEN NOTICE OF 5,248
THE FILING OF THE COMPLAINT OR THE ISSUANCE OF AN INDICTMENT AND 5,249
OF THE SUBSTANCE OF THE COMPLAINT OR INDICTMENT TO THE
SUPERINTENDENT OF A CITY, LOCAL, EXEMPTED VILLAGE, OR JOINT 5,251
VOCATIONAL SCHOOL DISTRICT IF THE COMPLAINT OR INDICTMENT ALLEGES 5,252
THAT A CHILD COMMITTED AN ACT THAT WOULD BE A CRIMINAL OFFENSE IF 5,254
COMMITTED BY AN ADULT, THAT THE CHILD WAS SIXTEEN YEARS OF AGE OR 5,255
OLDER AT THE TIME OF THE COMMISSION OF THE ALLEGED ACT, AND THAT 5,256
THE ALLEGED ACT IS ANY OF THE FOLLOWING:
(1) A VIOLATION OF SECTION 2923.122 OF THE REVISED CODE 5,258
THAT RELATES TO PROPERTY OWNED OR CONTROLLED BY, OR TO AN 5,260
ACTIVITY HELD UNDER THE AUSPICES OF, THE BOARD OF EDUCATION OF 5,261
THAT SCHOOL DISTRICT;
(2) A VIOLATION OF SECTION 2923.12 OF THE REVISED CODE, OF 5,264
A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE, OR OF SECTION 5,265
2925.03 OF THE REVISED CODE THAT WAS COMMITTED ON PROPERTY OWNED 5,266
OR CONTROLLED BY, OR AT AN ACTIVITY HELD UNDER THE AUSPICES OF, 5,267
THE BOARD OF EDUCATION OF THAT SCHOOL DISTRICT; 5,268
(3) A VIOLATION OF SECTION 2925.11 OF THE REVISED CODE 5,270
THAT WAS COMMITTED ON PROPERTY OWNED OR CONTROLLED BY, OR AT AN 5,272
ACTIVITY HELD UNDER THE AUSPICES OF, THE BOARD OF EDUCATION OF 5,273
THAT SCHOOL DISTRICT, OTHER THAN A VIOLATION OF THAT SECTION THAT 5,274
WOULD BE A MINOR DRUG POSSESSION OFFENSE IF COMMITTED BY AN 5,276
122
ADULT;
(4) A VIOLATION OF SECTION 2903.01, 2903.02, 2903.03, 5,278
2903.04, 2903.11, 2903.12, 2907.02, OR 2907.05 OF THE REVISED 5,279
CODE, OR A VIOLATION OF FORMER SECTION 2907.12 OF THE REVISED 5,281
CODE, THAT WAS COMMITTED ON PROPERTY OWNED OR CONTROLLED BY, OR 5,283
AT AN ACTIVITY HELD UNDER THE AUSPICES OF, THE BOARD OF EDUCATION
OF THAT SCHOOL DISTRICT, IF THE VICTIM AT THE TIME OF THE 5,284
COMMISSION OF THE ALLEGED ACT WAS AN EMPLOYEE OF THE BOARD OF 5,285
EDUCATION OF THAT SCHOOL DISTRICT; 5,286
(5) COMPLICITY IN ANY VIOLATION DESCRIBED IN DIVISION 5,288
(E)(1), (2), (3), OR (4) OF THIS SECTION THAT WAS ALLEGED TO HAVE 5,289
BEEN COMMITTED IN THE MANNER DESCRIBED IN DIVISION (E)(1), (2), 5,290
(3), OR (4) OF THIS SECTION, REGARDLESS OF WHETHER THE ACT OF 5,291
COMPLICITY WAS COMMITTED ON PROPERTY OWNED OR CONTROLLED BY, OR 5,293
AT AN ACTIVITY HELD UNDER THE AUSPICES OF, THE BOARD OF EDUCATION 5,294
OF THAT SCHOOL DISTRICT. 5,295
(F) A PUBLIC CHILDREN SERVICES AGENCY, ACTING PURSUANT TO 5,297
A COMPLAINT OR AN ACTION ON A COMPLAINT FILED UNDER THIS SECTION, 5,298
IS NOT SUBJECT TO THE REQUIREMENTS OF SECTION 3109.27 OF THE 5,300
REVISED CODE.
Sec. 2151.25 2152.03. When a child is arrested under any 5,309
charge, complaint, affidavit, or indictment for a felony or a 5,311
misdemeanor, proceedings regarding the child initially shall be 5,313
in the juvenile court in accordance with this chapter. If the 5,314
child is taken before a judge of a county court, a mayor, a judge 5,315
of a municipal court, or a judge of a court of common pleas other 5,317
than a juvenile court, the judge of the county court, mayor, 5,319
judge of the municipal court, or judge of the court of common 5,320
pleas shall transfer the case to the juvenile court, and, upon 5,321
the transfer, the proceedings shall be in accordance with this 5,323
chapter. Upon the transfer, all further proceedings under the 5,324
charge, complaint, information, or indictment shall be 5,325
discontinued in the court of the judge of the county court, 5,326
mayor, municipal judge, or judge of the court of common pleas 5,328
123
other than a juvenile court subject to section 2151.26 2152.12 of 5,329
the Revised Code, and the. THE case relating to the child then 5,331
shall be within the exclusive jurisdiction of the juvenile court, 5,333
subject to section 2151.26 2152.12 of the Revised Code. 5,335
Sec. 2152.04. A CHILD WHO IS ALLEGED TO BE, OR WHO IS 5,337
ADJUDICATED, A DELINQUENT CHILD MAY BE CONFINED IN A PLACE OF 5,338
JUVENILE DETENTION PROVIDED UNDER SECTION 2152.41 OF THE REVISED 5,339
CODE FOR A PERIOD NOT TO EXCEED NINETY DAYS, DURING WHICH TIME A 5,340
SOCIAL HISTORY MAY BE PREPARED TO INCLUDE COURT RECORD, FAMILY
HISTORY, PERSONAL HISTORY, SCHOOL AND ATTENDANCE RECORDS, AND ANY 5,341
OTHER PERTINENT STUDIES AND MATERIAL THAT WILL BE OF ASSISTANCE 5,342
TO THE JUVENILE COURT IN ITS DISPOSITION OF THE CHARGES AGAINST 5,343
THAT ALLEGED OR ADJUDICATED DELINQUENT CHILD. 5,344
Sec. 2152.11. (A) A CASE INVOLVING A CHILD WHO IS ALLEGED 5,346
TO BE OR IS ADJUDICATED A DELINQUENT CHILD IS ELIGIBLE FOR A 5,347
PARTICULAR TYPE OF TRANSFER OR DISPOSITION UNDER THIS SECTION IF 5,348
THE ACT CHARGED IS ENHANCED BY ONE OR MORE OF THE FOLLOWING 5,349
FACTORS THAT ARE SPECIFIED IN THE COMPLAINT AND PROVEN BY PROOF 5,350
BEYOND A REASONABLE DOUBT:
(1) THE ACT CHARGED AGAINST THE CHILD WOULD BE AN OFFENSE 5,352
OF VIOLENCE IF COMMITTED BY AN ADULT. 5,353
(2) THE CHILD USED OR DISPLAYED A FIREARM DURING THE 5,355
COMMISSION OF THE ACT CHARGED, OR BRANDISHED A FIREARM, 5,356
INDICATING THAT THE CHILD POSSESSED A FIREARM, DURING THE 5,357
COMMISSION OF THE ACT CHARGED.
(3) THE CHILD PREVIOUSLY WAS ADMITTED TO A DEPARTMENT OF 5,359
YOUTH SERVICES FACILITY FOR THE COMMISSION OF AN ACT THAT WOULD 5,360
HAVE BEEN A FELONY OF THE FIRST OR SECOND DEGREE IF COMMITTED BY 5,361
AN ADULT OR AN ACT THAT WOULD HAVE BEEN A FELONY OF THE THIRD 5,362
DEGREE AND AN OFFENSE OF VIOLENCE IF COMMITTED BY AN ADULT. 5,363
(B) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ANY CASE 5,365
IN WHICH THE COMPLAINT DOES NOT SPECIFY ANY ENHANCING FACTOR 5,366
DESCRIBED IN DIVISION (A)(1), (2), OR (3) OF THIS SECTION AND 5,367
THAT INVOLVES A CHILD WHO IS CHARGED WITH THE COMMISSION OF AN 5,368
124
ACT THAT WOULD BE A FELONY IF COMMITTED BY AN ADULT, OTHER THAN A 5,369
FELONY OF THE FIFTH DEGREE, AND WHO WAS FOURTEEN YEARS OF AGE OR 5,371
OLDER AT THE TIME OF THE COMMISSION OF THE ALLEGED ACT IS 5,372
ELIGIBLE FOR DISCRETIONARY TRANSFER TO THE APPROPRIATE COURT FOR 5,373
CRIMINAL PROSECUTION. 5,374
(C) SUBJECT TO DIVISION (I) OF THIS SECTION, ANY CASE 5,377
INVOLVING A CHILD WHO IS ALLEGED TO BE OR IS ADJUDICATED A 5,378
DELINQUENT CHILD FOR COMMITTING AN ACT THAT WOULD BE AGGRAVATED
MURDER OR MURDER IF COMMITTED BY AN ADULT IS ELIGIBLE FOR 5,379
WHICHEVER OF THE FOLLOWING IS APPROPRIATE: 5,380
(1) MANDATORY TRANSFER, IF THE ACT ALLEGEDLY OR ACTUALLY 5,382
WAS COMMITTED WHEN THE CHILD WAS SIXTEEN OR SEVENTEEN YEARS OF 5,383
AGE;
(2) PRESUMED TRANSFER, IF THE ACT ALLEGEDLY OR ACTUALLY 5,385
WAS COMMITTED WHEN THE CHILD WAS FOURTEEN OR FIFTEEN YEARS OF 5,386
AGE, AND THE ACT IS ENHANCED BY EITHER FACTOR DESCRIBED IN 5,387
DIVISION (A)(2) OR (3) OF THIS SECTION; 5,388
(3) MANDATORY SYO, IF ANY OF THE FOLLOWING APPLIES: 5,390
(a) THE ACT WAS COMMITTED WHEN THE CHILD WAS TEN, ELEVEN, 5,392
TWELVE, OR THIRTEEN YEARS OF AGE, AND THE ACT IS ENHANCED BY 5,393
EITHER FACTOR DESCRIBED IN DIVISION (A)(2) OR (3) OF THIS 5,394
SECTION.
(b) THE ACT WAS COMMITTED WHEN THE CHILD WAS FOURTEEN OR 5,396
FIFTEEN YEARS OF AGE, AND THE ACT IS NOT ENHANCED BY EITHER 5,397
FACTOR DESCRIBED IN DIVISION (A)(2) OR (3) OF THIS SECTION. 5,398
(4) DISCRETIONARY SYO, IF THE ACT WAS COMMITTED WHEN THE 5,400
CHILD WAS TEN, ELEVEN, TWELVE, OR THIRTEEN YEARS OF AGE, AND THE 5,401
ACT IS NOT ENHANCED BY EITHER FACTOR DESCRIBED IN DIVISION (A)(2) 5,403
OR (3) OF THIS SECTION.
(D) SUBJECT TO DIVISIONS (B) AND (I) OF THIS SECTION, ANY 5,406
CASE INVOLVING A CHILD WHO IS ALLEGED TO BE OR IS ADJUDICATED A 5,407
DELINQUENT CHILD FOR COMMITTING AN ACT THAT WOULD BE ATTEMPTED 5,408
AGGRAVATED MURDER OR ATTEMPTED MURDER IF COMMITTED BY AN ADULT IS 5,409
ELIGIBLE FOR WHICHEVER OF THE FOLLOWING IS APPROPRIATE: 5,410
125
(1) PRESUMED TRANSFER, IF THE ACT ALLEGEDLY OR ACTUALLY 5,412
WAS COMMITTED WHEN THE CHILD WAS SIXTEEN OR SEVENTEEN YEARS OF 5,413
AGE, AND THE ACT IS ENHANCED BY EITHER FACTOR DESCRIBED IN 5,414
DIVISION (A)(2) OR (3) OF THIS SECTION; 5,415
(2) DISCRETIONARY SYO, IF ANY OF THE FOLLOWING APPLIES: 5,417
(a) THE ACT WAS COMMITTED WHEN THE CHILD WAS SIXTEEN OR 5,419
SEVENTEEN YEARS OF AGE, AND THE ACT IS NOT ENHANCED BY EITHER 5,420
FACTOR DESCRIBED IN DIVISION (A)(2) OR (3) OF THIS SECTION. 5,421
(b) THE ACT WAS COMMITTED WHEN THE CHILD WAS TEN, ELEVEN, 5,423
TWELVE, THIRTEEN, FOURTEEN, OR FIFTEEN YEARS OF AGE. 5,424
(E) SUBJECT TO DIVISIONS (B) AND (I) OF THIS SECTION, ANY 5,427
CASE INVOLVING A CHILD WHO IS ALLEGED TO BE OR IS ADJUDICATED A 5,428
DELINQUENT CHILD FOR COMMITTING AN ACT THAT WOULD BE A FELONY OF 5,429
THE FIRST DEGREE IF COMMITTED BY AN ADULT IS ELIGIBLE FOR 5,430
WHICHEVER OF THE FOLLOWING IS APPROPRIATE: 5,431
(1) PRESUMED TRANSFER, IF THE ACT ALLEGEDLY OR ACTUALLY 5,433
WAS COMMITTED WHEN THE CHILD WAS SIXTEEN OR SEVENTEEN YEARS OF 5,434
AGE, AND THE ACT IS ENHANCED BY THE FACTORS DESCRIBED IN DIVISION 5,435
(A)(1) AND EITHER DIVISION (A)(2) OR (3) OF THIS SECTION; 5,436
(2) DISCRETIONARY SYO, IF ANY OF THE FOLLOWING APPLIES: 5,438
(a) THE ACT WAS COMMITTED WHEN THE CHILD WAS SIXTEEN OR 5,440
SEVENTEEN YEARS OF AGE, AND DIVISION (E)(1) OF THIS SECTION DOES 5,441
NOT APPLY.
(b) THE ACT WAS COMMITTED WHEN THE CHILD WAS FOURTEEN OR 5,443
FIFTEEN YEARS OF AGE. 5,444
(c) THE ACT WAS COMMITTED WHEN THE CHILD WAS TWELVE OR 5,446
THIRTEEN YEARS OF AGE, AND THE ACT IS ENHANCED BY THE FACTORS 5,447
DESCRIBED IN DIVISION (A)(1) AND EITHER DIVISION (A)(2) OR (3) OF 5,448
THIS SECTION. 5,449
(3) DISCRETIONARY EJJ, IF ANY OF THE FOLLOWING APPLIES: 5,451
(a) THE ACT WAS COMMITTED WHEN THE CHILD WAS TEN OR ELEVEN 5,453
YEARS OF AGE, AND THE ACT IS ENHANCED BY THE FACTORS DESCRIBED IN 5,454
DIVISION (A)(1) AND EITHER DIVISION (A)(2) OR (3) OF THIS 5,455
SECTION. 5,456
126
(b) THE ACT WAS COMMITTED WHEN THE CHILD WAS TWELVE OR 5,458
THIRTEEN YEARS OF AGE, THE ACT IS ENHANCED BY ANY FACTOR 5,459
DESCRIBED IN DIVISION (A)(1), (2), OR (3) OF THIS SECTION, AND 5,460
DIVISION (E)(2)(c) OF THIS SECTION DOES NOT APPLY. 5,461
(4) TRADITIONAL JUVENILE, IF DIVISIONS (E)(1), (2), AND 5,463
(3) OF THIS SECTION DO NOT APPLY. 5,464
(F) SUBJECT TO DIVISIONS (B) AND (I) OF THIS SECTION, ANY 5,467
CASE INVOLVING A CHILD WHO IS ADJUDICATED A DELINQUENT CHILD FOR 5,468
COMMITTING AN ACT THAT WOULD BE A FELONY OF THE SECOND DEGREE IF 5,469
COMMITTED BY AN ADULT IS ELIGIBLE FOR WHICHEVER OF THE FOLLOWING 5,470
IS APPROPRIATE: 5,471
(1) DISCRETIONARY SYO, IF THE ACT WAS COMMITTED WHEN THE 5,473
CHILD WAS FOURTEEN, FIFTEEN, SIXTEEN, OR SEVENTEEN YEARS OF AGE; 5,474
(2) DISCRETIONARY EJJ, IF THE ACT WAS COMMITTED WHEN THE 5,476
CHILD WAS TWELVE OR THIRTEEN YEARS OF AGE, AND THE ACT IS 5,477
ENHANCED BY ANY FACTOR DESCRIBED IN DIVISION (A)(1), (2), OR (3) 5,478
OF THIS SECTION;
(3) TRADITIONAL JUVENILE, IF DIVISIONS (F)(1) AND (2) OF 5,480
THIS SECTION DO NOT APPLY. 5,481
(G) SUBJECT TO DIVISIONS (B) AND (I) OF THIS SECTION, ANY 5,484
CASE INVOLVING A CHILD WHO IS ADJUDICATED A DELINQUENT CHILD FOR 5,485
COMMITTING AN ACT THAT WOULD BE A FELONY OF THE THIRD DEGREE IF 5,486
COMMITTED BY AN ADULT IS ELIGIBLE FOR WHICHEVER OF THE FOLLOWING 5,487
IS APPROPRIATE:
(1) DISCRETIONARY SYO, IF THE ACT WAS COMMITTED WHEN THE 5,489
CHILD WAS SIXTEEN OR SEVENTEEN YEARS OF AGE, AND THE ACT IS 5,490
ENHANCED BY ANY FACTOR DESCRIBED IN DIVISION (A)(1), (2), OR (3) 5,491
OF THIS SECTION; 5,492
(2) DISCRETIONARY EJJ, IF ANY OF THE FOLLOWING APPLIES: 5,494
(a) THE ACT WAS COMMITTED WHEN THE CHILD WAS FOURTEEN OR 5,496
FIFTEEN YEARS OF AGE, AND THE ACT IS ENHANCED BY ANY FACTOR 5,497
DESCRIBED IN DIVISION (A)(1), (2), OR (3) OF THIS SECTION. 5,498
(b) THE ACT WAS COMMITTED WHEN THE CHILD WAS SIXTEEN OR 5,500
SEVENTEEN YEARS OF AGE, AND THE ACT IS NOT ENHANCED BY ANY FACTOR 5,501
127
DESCRIBED IN DIVISION (A)(1), (2), OR (3) OF THIS SECTION. 5,502
(3) TRADITIONAL JUVENILE, IF DIVISIONS (G)(1) AND (2) OF 5,504
THIS SECTION DO NOT APPLY. 5,505
(H) SUBJECT TO DIVISIONS (B) AND (I) OF THIS SECTION, ANY 5,508
CASE INVOLVING A CHILD WHO IS ADJUDICATED A DELINQUENT CHILD FOR 5,509
COMMITTING AN ACT THAT WOULD BE A FELONY OF THE FOURTH OR FIFTH 5,510
DEGREE IF COMMITTED BY AN ADULT IS ELIGIBLE FOR WHICHEVER OF THE 5,511
FOLLOWING DISPOSITIONS IS APPROPRIATE:
(1) DISCRETIONARY SYO, IF THE THE ACT WAS COMMITTED WHEN 5,513
THE CHILD WAS SIXTEEN OR SEVENTEEN YEARS OF AGE, AND THE ACT IS 5,514
ENHANCED BY ANY FACTOR DESCRIBED IN DIVISION (A)(1), (2), OR (3) 5,516
OF THIS SECTION;
(2) TRADITIONAL JUVENILE, IF DIVISION (H)(1) OF THIS 5,518
SECTION DOES NOT APPLY. 5,519
(I)(1) IF A CASE INVOLVING A CHILD WHO IS ALLEGED TO BE A 5,521
DELINQUENT CHILD IS ELIGIBLE FOR A PRESUMED TRANSFER AND THE CASE 5,522
IS NOT SO TRANSFERRED, THE COURT SHALL ORDER A MANDATORY SYO 5,523
DISPOSITION OF THE CASE IF THE CHILD IS ADJUDICATED A DELINQUENT 5,524
CHILD. 5,525
(2) WHENEVER A COURT ORDERS A SERIOUS YOUTHFUL OFFENDER 5,527
DISPOSITION UNDER THIS SECTION AND SECTION 2152.13 OF THE REVISED 5,528
CODE, THE COURT SHALL ORDER AN EXTENDED JUVENILE JURISDICTION 5,530
DISPOSITION AS THE JUVENILE PART OF THE SENTENCE.
(3) IF AN ADJUDICATED DELINQUENT CHILD IS ELIGIBLE FOR A 5,532
DISCRETIONARY SYO DISPOSITION, THE COURT HAS DISCRETION TO ORDER 5,533
AN EXTENDED JUVENILE JURISDICTION DISPOSITION ALONE OR A 5,534
TRADITIONAL JUVENILE DISPOSITION. IF AN ADJUDICATED DELINQUENT 5,535
CHILD IS ELIGIBLE FOR A DISCRETIONARY EJJ DISPOSITION, THE COURT 5,536
HAS DISCRETION TO ORDER A TRADITIONAL JUVENILE DISPOSITION 5,537
INSTEAD OF AN EXTENDED JUVENILE JURISDICTION DISPOSITION. 5,539
(J) THE PROVISIONS OF DIVISIONS (A) TO (H) OF THIS SECTION 5,542
ARE ILLUSTRATED IN THE ELIGIBILITY TABLE AND ACCOMPANYING NOTES
AND KEY AS FOLLOWS: 5,543
128
OFFENSE AGE AGE AGE AGE 5,547
CATEGORY 16 & 17 14 & 15 12 & 13 10 & 11 5,549
MURDER/AGGRAVATED MURDER, 5,553
ENHANCED MT PT MSYO MSYO 5,554
MURDER/AGGRAVATED MURDER MT MSYO DSYO DSYO 5,557
ATTEMPTED MURDER/AGGRAVATED 5,558
MURDER, ENHANCED PT DSYO DSYO DSYO 5,560
ATTEMPTED MURDER/AGGRAVATED 5,562
MURDER DSYO DSYO DSYO DSYO 5,563
F1-V, ENHANCED PT DSYO DSYO DEJJ 5,566
F1-V DSYO DSYO DEJJ TJ 5,568
F1, ENHANCED DSYO DSYO DEJJ TJ 5,571
F1 DSYO DSYO TJ TJ 5,573
F2, ENHANCED DSYO DSYO DEJJ TJ 5,576
F2 DSYO DSYO TJ TJ 5,578
F3, ENHANCED DSYO DEJJ TJ TJ 5,580
F3 DEJJ TJ TJ TJ 5,582
F4, ENHANCED DSYO TJ TJ TJ 5,585
F4 TJ TJ TJ TJ 5,587
F5, ENHANCED DSYO TJ TJ TJ 5,590
F5 TJ TJ TJ TJ 5,592
(K) NOTES FOR ELIGIBILITY TABLE IN DIVISION (J) OF THIS 5,595
SECTION: 5,596
(1) EACH DESIGNATION IN THE TABLE FOR A PARTICULAR ROW AND 5,598
COLUMN SHOWS THE MAXIMUM DISPOSITION AVAILABLE FOR THE OFFENSE OR 5,600
LEVEL OF THE OFFENSE SPECIFIED IN THAT ROW AND THE AGE OF THE 5,601
INVOLVED CHILD SPECIFIED IN THAT COLUMN.
(2) DISCRETIONARY TRANSFER IS AVAILABLE UNDER DIVISION (C) 5,603
OF SECTION 2152.12 OF THE REVISED CODE FOR ANY OFFENSE OTHER THAN 5,605
AN F5 THAT IS NOT ENHANCED IF THE AGE OF THE CHILD IS 14, 15, 16, 5,606
OR 17 (ALL OF THE ROWS IN THE COLUMN UNDER AGE 16 AND 17 AND
UNDER THE COLUMN AGE 14 AND 15 EXCEPT THE BOTTOM ROW). 5,607
(3) IF A PRESUMED TRANSFER IS OVERRIDDEN, THE JUVENILE 5,609
COURT MUST ORDER A MANDATORY SYO DISPOSITION IF THE CHILD IS 5,610
129
ADJUDICATED A DELINQUENT CHILD. 5,611
(L) KEY FOR ELIGIBILITY TABLE IN DIVISION (J) OF THIS 5,613
SECTION: 5,614
(1) "AGG" REFERS TO AGGRAVATED. 5,616
(2) "DEJJ" REFERS TO DISCRETIONARY EJJ. 5,618
(3) "DSYO" REFERS TO DISCRETIONARY SYO. 5,620
(4) "EJJ" REFERS TO EXTENDED JUVENILE JURISDICTION. 5,622
(5) "ENHANCED," FOR PURPOSES OF THE ELIGIBILITY TABLE, 5,624
REFERS TO EITHER OF THE FOLLOWING: 5,625
(a) AGGRAVATED MURDER, MURDER, ATTEMPTED AGGRAVATED 5,627
MURDER, ATTEMPTED MURDER, OR A FELONY OF THE FIRST DEGREE THAT IS 5,628
AN OFFENSE OF VIOLENCE, IF ANY OF THOSE OFFENSES IS ENHANCED BY 5,630
EITHER FACTOR DESCRIBED IN DIVISION (A)(2) OR (3) OF SECTION 5,631
2152.11 OF THE REVISED CODE;
(b) ANY FELONY THAT IS NOT DESCRIBED IN DIVISION 5,634
(L)(14)(a) OF THIS SECTION AND THAT IS ENHANCED BY ANY FACTOR 5,635
DESCRIBED IN DIVISION (A)(1), (2), OR (3) OF SECTION 2152.11 OF 5,636
THE REVISED CODE. 5,637
(6) "F1" REFERS TO AN ACT THAT WOULD BE A FELONY OF THE 5,639
FIRST DEGREE IF COMMITTED BY AN ADULT. 5,640
(7) "F2" REFERS TO AN ACT THAT WOULD BE A FELONY OF THE 5,642
SECOND DEGREE IF COMMITTED BY AN ADULT. 5,643
(8) "F3" REFERS TO AN ACT THAT WOULD BE A FELONY OF THE 5,645
THIRD DEGREE IF COMMITTED BY AN ADULT. 5,646
(9) "F4" REFERS TO AN ACT THAT WOULD BE A FELONY OF THE 5,648
FOURTH DEGREE IF COMMITTED BY AN ADULT. 5,649
(10) "F5" REFERS TO AN ACT THAT WOULD BE A FELONY OF THE 5,651
FIFTH DEGREE IF COMMITTED BY AN ADULT. 5,652
(11) "MSYO" REFERS TO MANDATORY SYO. 5,654
(12) "MT" REFERS TO MANDATORY TRANSFER. 5,656
(13) "PT" REFERS TO PRESUMED TRANSFER. 5,658
(14) "SYO" REFERS TO SERIOUS YOUTHFUL OFFENDER 5,660
DISPOSITION. 5,661
(15) "TJ" REFERS TO TRADITIONAL JUVENILE. 5,663
130
(16) "V" REFERS TO AN OFFENSE OF VIOLENCE. 5,665
Sec. 2151.26 2152.12. (A) As used in this section: 5,674
(1) "Category one offense" means any of the following: 5,676
(a) A violation of section 2903.01 or 2903.02 of the 5,678
Revised Code; 5,679
(b) A violation of section 2923.02 of the Revised Code 5,682
involving an attempt to commit aggravated murder or murder. 5,683
(2) "Category two offense" means any of the following: 5,685
(a) A violation of section 2903.03, 2905.01, 2907.02, 5,687
2909.02, 2911.01, or 2911.11 of the Revised Code; 5,689
(b) A violation of section 2903.04 of the Revised Code 5,691
that is a felony of the first degree; 5,692
(c) A violation of section 2907.12 of the Revised Code as 5,694
it existed prior to September 3, 1996. 5,695
(3) "Firearm" has the same meaning as in section 2923.11 5,697
of the Revised Code. 5,698
(4) "Act charged" means the act that a child allegedly 5,700
committed and that is identified in a complaint alleging that the 5,701
child is a delinquent child as the act that is the basis of the 5,702
child being a delinquent child.
(B)(1) After a complaint has been filed alleging that a 5,704
child is a delinquent child for committing an act that would be 5,706
an offense AGGRAVATED MURDER OR MURDER if committed by an adult, 5,707
the JUVENILE court at a hearing shall transfer the case for 5,709
criminal prosecution to the appropriate court having jurisdiction
of the offense if the child was fourteen SIXTEEN OR SEVENTEEN 5,711
years of age or older at the time of the act charged, AND if 5,713
there is probable cause to believe that the child committed the 5,715
act charged, and.
(2) THE JUVENILE COURT ALSO SHALL TRANSFER A CASE if one 5,717
or more EITHER of the following applies to the child or the act 5,719
charged:
(1)(a) A complaint IS FILED AGAINST A CHILD WHO IS 5,721
ELIGIBLE FOR A PRESUMED TRANSFER OR DISCRETIONARY TRANSFER UNDER 5,722
131
THIS SECTION AND WHO previously was filed in a juvenile court 5,724
alleging that the child was a delinquent child for committing an 5,725
act that would be an offense if committed by an adult, the 5,726
juvenile court transferred the case pursuant to division (B) or 5,727
(C) of this section for criminal prosecution to the appropriate 5,728
court having jurisdiction of the offense, and the child was 5,729
convicted of or pleaded guilty to a felony in that A case THAT 5,730
WAS TRANSFERRED TO A CRIMINAL COURT. 5,731
(2) The (b) A COMPLAINT IS FILED AGAINST A child WHO is 5,734
domiciled in another state ALLEGING THAT THE CHILD IS A
DELINQUENT CHILD FOR COMMITTING AN ACT THAT WOULD BE A FELONY IF 5,735
COMMITTED BY AN ADULT, and, if the act charged had been committed 5,737
in that other state, the child would be subject to criminal 5,738
prosecution as an adult under the law of that other state without 5,739
the need for a transfer of jurisdiction from a juvenile, family, 5,740
or similar noncriminal court to a criminal court. 5,741
(3) The act charged is a category one offense, and either 5,744
or both of the following apply to the child: 5,745
(a) The child was sixteen years of age or older at the 5,748
time of the act charged.
(b) The child previously was adjudicated a delinquent 5,751
child for committing an act that is a category one offense or a
category two offense and was committed to the legal custody of 5,752
the department of youth services upon the basis of that 5,753
adjudication.
(4) The act charged is a category two offense, other than 5,756
a violation of section 2905.01 of the Revised Code, the child was 5,757
sixteen years of age or older at the time of the commission of 5,758
the act charged, and either or both of the following apply to the 5,759
child:
(a) The child previously was adjudicated a delinquent 5,762
child for committing an act that is a category one offense or a 5,763
category two offense and was committed to the legal custody of
the department of youth services upon the basis of that 5,764
132
adjudication.
(b) The child is alleged to have had a firearm on or about 5,766
the child's person or under the child's control while committing 5,767
the act charged and to have displayed the firearm, brandished the 5,768
firearm, indicated possession of the firearm, or used the firearm 5,769
to facilitate the commission of the act charged. 5,770
(B) IF A CASE IS ELIGIBLE FOR A PRESUMED TRANSFER UNDER 5,772
SECTION 2152.11 OF THE REVISED CODE, THE JUVENILE COURT AT A 5,773
HEARING SHALL TRANSFER THE CASE IF THE TRANSFER IS CONSISTENT 5,774
WITH THE OVERRIDING PURPOSES SET FORTH IN SECTION 2152.01 OF THE 5,775
REVISED CODE AND IF THE COURT FINDS ALL OF THE FOLLOWING ON THE 5,776
RECORD:
(1) THE CHILD WAS FOURTEEN YEARS OF AGE OR OLDER AT THE 5,778
TIME OF THE ACT CHARGED. 5,779
(2) THERE IS PROBABLE CAUSE TO BELIEVE THAT THE CHILD 5,781
COMMITTED THE ACT CHARGED. 5,782
(3) THE CHILD FAILED TO DEMONSTRATE, BY A PREPONDERANCE OF 5,784
THE EVIDENCE, THAT THE APPLICABLE FACTORS UNDER DIVISION (F) OF 5,785
THIS SECTION INDICATING THAT THE CASE SHOULD NOT BE TRANSFERRED 5,786
OUTWEIGH THE APPLICABLE FACTORS UNDER DIVISION (E) OF THIS 5,787
SECTION INDICATING THAT THE CASE SHOULD BE TRANSFERRED. THE 5,788
RECORD SHALL INDICATE THE SPECIFIC FACTORS THAT WERE APPLICABLE 5,790
AND THAT THE COURT WEIGHED.
(C)(1) Except as provided in division (A) OR (B) of this 5,793
section and subject to division (C)(4) of this section, after a 5,794
complaint has been filed alleging that a child is a delinquent
child for committing an act that would be a felony if committed 5,795
by an adult, OTHER THAN A FELONY OF THE FIFTH DEGREE IN WHICH THE 5,796
COMPLAINT DOES NOT SPECIFY ANY ENHANCING FACTOR AS DESCRIBED IN 5,797
DIVISION (A)(1), (2), OR (3) OF SECTION 2152.11 OF THE REVISED 5,798
CODE, the JUVENILE court at a hearing may transfer the case for 5,799
criminal prosecution to the appropriate court having jurisdiction 5,801
of the offense, after considering the factors specified in 5,802
division (C)(2) of this section and after making IF THE TRANSFER 5,803
133
IS CONSISTENT WITH THE OVERRIDING PURPOSES SET FORTH IN SECTION 5,804
2152.01 OF THE REVISED CODE AND IF THE COURT FINDS all of the
following determinations ON THE RECORD: 5,805
(a)(1) The child was fourteen years of age or older at the 5,807
time of the act charged. 5,808
(b)(2) There is probable cause to believe that the child 5,810
committed the act charged. 5,811
(c) After (3) THE APPLICABLE FACTORS UNDER DIVISION (E) 5,814
OF THIS SECTION INDICATING THAT THE CASE SHOULD BE TRANSFERRED 5,816
OUTWEIGH THE APPLICABLE FACTORS UNDER DIVISION (F) OF THIS 5,817
SECTION INDICATING THAT THE CASE SHOULD NOT BE TRANSFERRED. THE 5,818
RECORD SHALL INDICATE THE SPECIFIC FACTORS THAT WERE APPLICABLE 5,820
AND THAT THE COURT WEIGHED.
(D) BEFORE CONSIDERING A TRANSFER UNDER DIVISION (B) OR 5,823
(C) OF THIS SECTION, THE JUVENILE COURT SHALL ORDER an 5,824
investigation, including a mental examination of the child made 5,825
by a public or private agency or a person qualified to make the 5,827
examination, and after consideration of all relevant information 5,828
and factors, including any factor required to be considered under 5,829
division (C)(2) of this section, that there are reasonable 5,830
grounds to believe that both of the following criteria are 5,831
satisfied:
(i) The child is not amenable to care or rehabilitation or 5,833
further care or rehabilitation in any facility designed for the 5,834
care, supervision, and rehabilitation of delinquent children. 5,835
(ii) The safety of the community may require that the 5,837
child be placed under legal restraint, including, if necessary, 5,838
for the period extending beyond the child's majority. 5,839
(2) Subject to division (C)(4) of this section, when 5,842
determining whether to order the transfer of a case for criminal 5,843
prosecution to the appropriate court having jurisdiction of the 5,844
offense pursuant to division (C)(1) of this section, the court 5,845
shall consider all of the following factors in favor of ordering 5,846
the transfer of the case:
134
(a) A victim of the act charged was five years of age or 5,848
younger, regardless of whether the child who is alleged to have 5,849
committed that act knew the age of that victim; 5,850
(b) A victim of the act charged sustained physical harm to 5,853
the victim's person during the commission of or otherwise as a 5,854
result of the act charged.
(c) The act charged is not a violation of section 2923.12 5,856
of the Revised Code, and the child is alleged to have had a 5,857
firearm on or about the child's person or under the child's 5,858
control while committing the act charged and to have displayed 5,859
the firearm, brandished the firearm, indicated possession of the 5,860
firearm, or used the firearm to facilitate the commission of the 5,861
act charged.
(d) The child has a history indicating a failure to be 5,863
rehabilitated following one or more commitments pursuant to 5,864
division (A)(3), (4), (5), (6), or (7) of section 2151.355 of the 5,865
Revised Code. 5,866
(e) A victim of the act charged was sixty-five years of 5,869
age or older or permanently and totally disabled at the time of 5,870
the commission of the act charged, regardless of whether the 5,872
child who is alleged to have committed that act knew the age of
that victim. 5,873
(3) A. THE child whose case is being considered for 5,876
possible transfer for criminal prosecution to the appropriate
court having jurisdiction of the offense under division (C)(1) of 5,877
this section may waive the examination required by THIS division 5,878
(C)(1)(c) of this section, if the court finds THAT the waiver is 5,880
competently and intelligently made. Refusal to submit to a
mental and physical examination by the child constitutes a waiver 5,881
of the examination. 5,882
(4)(E) THE JUVENILE COURT SHALL CONSIDER THE FOLLOWING 5,884
RELEVANT FACTORS, AND ANY OTHER RELEVANT FACTORS, IN FAVOR OF A 5,886
TRANSFER UNDER THIS SECTION: 5,887
(1) THE VICTIM OF THE ACT CHARGED SUFFERED PHYSICAL OR 5,889
135
PSYCHOLOGICAL HARM, OR SERIOUS ECONOMIC HARM, AS A RESULT OF THE 5,890
ALLEGED ACT. 5,891
(2) THE PHYSICAL OR PSYCHOLOGICAL HARM SUFFERED BY THE 5,893
VICTIM DUE TO THE ALLEGED ACT OF THE CHILD WAS EXACERBATED 5,894
BECAUSE OF THE PHYSICAL OR PSYCHOLOGICAL VULNERABILITY OR THE AGE 5,895
OF THE VICTIM.
(3) THE CHILD'S RELATIONSHIP WITH THE VICTIM FACILITATED 5,897
THE ACT CHARGED. 5,898
(4) THE CHILD ALLEGEDLY COMMITTED THE ACT CHARGED FOR HIRE 5,900
OR AS A PART OF A GANG OR OTHER ORGANIZED CRIMINAL ACTIVITY. 5,901
(5) THE CHILD HAD A FIREARM ON OR ABOUT THE CHILD'S PERSON 5,903
OR UNDER THE CHILD'S CONTROL AT THE TIME OF THE COMMISSION OF THE 5,904
ACT CHARGED, THE ACT CHARGED IS NOT A VIOLATION OF SECTION 5,905
2923.12 OF THE REVISED CODE, AND THE CHILD ALLEGEDLY USED OR 5,906
DISPLAYED THE FIREARM DURING THE COMMISSION OF THE ACT CHARGED, 5,907
OR BRANDISHED THE FIREARM, INDICATING THAT THE CHILD POSSESSED A 5,908
FIREARM, DURING THE COMMISSION OF THE ACT CHARGED. 5,909
(6) THE CHILD WAS ALLEGEDLY MOTIVATED BY PREJUDICE BASED 5,911
ON RACE, ETHNIC BACKGROUND, GENDER, SEXUAL ORIENTATION, OR 5,912
RELIGION.
(7) AT THE TIME OF THE COMMISSION OF THE ACT CHARGED, THE 5,914
CHILD WAS AWAITING ADJUDICATION OR DISPOSITION AS A DELINQUENT 5,915
CHILD, WAS UNDER A COMMUNITY CONTROL SANCTION, OR WAS ON PAROLE 5,916
FOR A PRIOR DELINQUENT CHILD ADJUDICATION OR CONVICTION. 5,917
(8) THE CHILD IS NOT AMENABLE TO JUVENILE DISPOSITIONAL 5,919
OPTIONS.
(9) THE RESULTS OF ANY PREVIOUS JUVENILE SANCTIONS AND 5,921
PROGRAMS INDICATE THAT REHABILITATION OF THE CHILD IS NOT LIKELY 5,922
TO OCCUR IN THE JUVENILE SYSTEM. 5,923
(10) THE CHILD IS EMOTIONALLY, PHYSICALLY, OR 5,925
PSYCHOLOGICALLY MATURE FOR THE TRANSFER. 5,926
(11) THERE IS NOT SUFFICIENT TIME TO REHABILITATE THE 5,928
CHILD WITHIN THE JUVENILE SYSTEM. 5,929
(F) THE JUVENILE COURT SHALL CONSIDER THE FOLLOWING 5,931
136
RELEVANT FACTORS, AND ANY OTHER RELEVANT FACTORS, AGAINST A 5,932
TRANSFER UNDER THIS SECTION: 5,933
(1) THE VICTIM INDUCED OR FACILITATED THE ACT CHARGED. 5,935
(2) THE CHILD ACTED UNDER PROVOCATION IN COMMITTING THE 5,937
ACT CHARGED. 5,938
(3) THE CHILD WAS NOT THE PRINCIPAL ACTOR IN THE 5,940
COMMISSION OF THE ACT CHARGED OR THE CHILD WAS UNDER THE NEGATIVE 5,941
INFLUENCE OR COERCION OF ANOTHER PERSON. 5,942
(4) THE CHILD DID NOT CAUSE PHYSICAL HARM TO ANY PERSON OR 5,944
PROPERTY, OR HAVE REASONABLE CAUSE TO BELIEVE THAT HARM OF THAT 5,945
NATURE WOULD OCCUR, IN COMMITTING THE ACT CHARGED. 5,946
(5) THE CHILD PREVIOUSLY HAS NOT BEEN ADJUDICATED A 5,948
DELINQUENT CHILD. 5,949
(6) THE CHILD IS AMENABLE TO JUVENILE DISPOSITIONAL 5,951
OPTIONS.
(7) THE CHILD IS NOT EMOTIONALLY, PHYSICALLY, OR 5,953
PSYCHOLOGICALLY MATURE FOR THE TRANSFER. 5,954
(8) THERE IS SUFFICIENT TIME TO REHABILITATE THE CHILD 5,956
WITHIN THE JUVENILE SYSTEM AND THE LEVEL OF SECURITY AVAILABLE IN 5,957
THE JUVENILE SYSTEM PROVIDES A REASONABLE ASSURANCE OF PUBLIC 5,958
SAFETY.
(G) If one or more complaints are filed alleging that a 5,961
child is a delinquent child for committing two or more acts that
would be offenses if committed by an adult, if a motion is filed 5,962
or made alleging that division (B)(2), (3), or (4)(A) of this 5,964
section applies and requires that the case or cases involving one 5,966
or more of the acts charged be transferred for criminal 5,967
prosecution to the appropriate court having jurisdiction over the 5,968
offense, and if a motion also is filed or made requesting that 5,969
the case or cases involving one or more of the acts charged be 5,971
transferred for criminal prosecution to the appropriate court 5,972
having jurisdiction of the offense pursuant to division (B) OR 5,973
(C)(1) of this section, the JUVENILE court, in deciding the 5,975
motions, shall proceed in the following manner: 5,976
137
(a)(1) Initially, the court shall decide the motion 5,978
alleging that division (B)(2), (3), or (4)(A) of this section 5,979
applies and requires that the case or cases involving one or more 5,980
of the acts charged be transferred for criminal prosecution to 5,981
the appropriate court having jurisdiction over the offense. 5,983
(b)(2) If, pursuant to division (C)(4)(a) of this section, 5,986
the court determines that division (B)(2), (3), or (4)(A) of this 5,987
section applies and requires that the case or cases involving one 5,990
or more of the acts charged be transferred for criminal 5,991
prosecution to the appropriate court having jurisdiction over the
offense, the court shall transfer the case or cases in accordance 5,992
with the applicable THAT division. After the transfer pursuant 5,993
to division (B)(2), (3), or (4)(A) of this section, the court 5,995
shall decide, in accordance with division (B) OR (C)(4)(b) of 5,997
this section, whether to grant the motion requesting that the 5,998
case or cases involving one or more of the acts charged be 5,999
transferred for criminal prosecution to the appropriate court 6,000
having jurisdiction of the offense pursuant to division (C)(1) of 6,001
this section EITHER OF THOSE DIVISIONS. In making its decision 6,003
regarding the motion requesting a transfer pursuant to division
(C)(1) of this section, the court at a hearing may transfer the 6,005
subject case to the appropriate court having jurisdiction of the 6,006
offense if the act charged in the case would be a felony if
committed by an adult, if the child was fourteen years of age or 6,008
older at the time of the act charged, and if there is probable 6,009
cause to believe that the child committed the act charged. 6,010
Notwithstanding divisions DIVISION (B) OR (C)(1) to (3) of this 6,011
section, prior to transferring a case pursuant to division 6,012
(C)(4)(b)(A) of this section, the court is not required to 6,013
consider any factor specified in division (C)(2) (E) OR (F) of 6,014
this section or to conduct an investigation or make a 6,015
determination of the type described in UNDER division 6,016
(C)(1)(c)(D) of this section.
(c)(3) If the court determines pursuant to division 6,018
138
(C)(4)(a) of this section, that divisions (B)(2), (3), and (4) 6,020
DIVISION (A) of this section do DOES not apply and that none of 6,021
those divisions requires REQUIRE that the case or cases involving 6,022
one or more of the acts charged be transferred for criminal 6,025
prosecution to the appropriate court having jurisdiction over the 6,026
offense, the court shall decide in accordance with divisions 6,027
DIVISION (B) OR (C)(1) to (3) of this section whether to grant 6,029
the motion requesting that the case or cases involving one or
more of the acts charged be transferred for criminal prosecution 6,031
to the appropriate court having jurisdiction of the offense 6,033
pursuant to division (C)(1) of this section EITHER OF THOSE 6,034
DIVISIONS.
(D)(H) The court shall give notice in writing of the time, 6,036
place, and purpose of any hearing held pursuant to division (A), 6,038
(B), or (C) of this section to the child's parents, guardian, or 6,040
other custodian and to the child's counsel at least three days 6,041
prior to the hearing. 6,042
(E)(I) No person, either before or after reaching eighteen 6,044
years of age, shall be prosecuted as an adult for an offense 6,045
committed prior to becoming eighteen years of age, unless the 6,046
person has been transferred as provided in division (A), (B), or 6,048
(C) of this section or unless division (G)(K) of this section 6,049
applies. Any prosecution that is had in a criminal court on the 6,051
mistaken belief that the person who is the subject of the case 6,052
was eighteen years of age or older at the time of the commission 6,053
of the offense shall be deemed a nullity, and the person shall 6,054
not be considered to have been in jeopardy on the offense.
(F)(J) Upon the transfer of a case for criminal 6,056
prosecution to the appropriate court having jurisdiction of the 6,057
offense under division (A), (B), or (C) of this section, the 6,059
juvenile court shall state the reasons for the transfer ON THE 6,060
RECORD, and SHALL order the child to enter into a recognizance 6,062
with good and sufficient surety for the child's appearance before 6,064
the appropriate court for any disposition that the court is 6,065
139
authorized to make for a similar act committed by an adult. The 6,066
transfer abates the jurisdiction of the juvenile court with
respect to the delinquent acts alleged in the complaint, and, 6,067
upon the transfer, all further proceedings pertaining to the act 6,068
charged shall be discontinued in the juvenile court, and the case 6,070
then shall be within the jurisdiction of the court to which it is
transferred as described in division (H) of section 2151.23 of 6,071
the Revised Code. 6,072
(G)(K)(1) If a person under eighteen years of age 6,075
allegedly commits an act that would be a felony if committed by
an adult and, if the person is not taken into custody or 6,076
apprehended for that act until after the person attains 6,078
twenty-one years of age, AND IF THE CASE IS NOT ELIGIBLE FOR 6,079
DISCRETIONARY EJJ DISPOSITION UNDER SECTION 2152.11 OF THE 6,080
REVISED CODE, the juvenile court does not have jurisdiction to 6,081
hear or determine any portion of the case charging the person 6,082
with committing that act. IN THOSE CIRCUMSTANCES, divisions (A), 6,083
(B), and (C) of this section do not apply regarding that THE act, 6,084
AND the case charging the person with committing that THE act 6,086
shall be a criminal prosecution commenced and heard in the 6,087
appropriate court having jurisdiction of the offense as if the 6,088
person had been eighteen years of age or older when the person 6,089
committed that THE act, all. ALL proceedings pertaining to that 6,091
THE act shall be within the jurisdiction of the court having 6,092
jurisdiction of the offense, and the THAT court having 6,093
jurisdiction of the offense has all the authority and duties in 6,094
the case as it has in other criminal cases commenced in that 6,095
court.
(2) IF A PERSON UNDER EIGHTEEN YEARS OF AGE ALLEGEDLY 6,097
COMMITS AN ACT THAT WOULD BE A FELONY IF COMMITTED BY AN ADULT, 6,098
IF THE PERSON IS NOT TAKEN INTO CUSTODY OR APPREHENDED FOR THAT 6,099
ACT UNTIL AFTER THE PERSON ATTAINS TWENTY-ONE YEARS OF AGE, AND 6,100
IF THE CASE IS ELIGIBLE FOR DISCRETIONARY EJJ DISPOSITION UNDER 6,101
SECTION 2152.11 OF THE REVISED CODE, THE JUVENILE COURT MAY 6,102
140
TRANSFER THE CASE UNDER THIS SECTION OR MAY RETAIN JURISDICTION 6,104
AND IMPOSE A DISPOSITION UNDER SECTION 2152.15 OF THE REVISED 6,105
CODE.
(L)(1) IN ADDITION TO ANY OTHER RIGHT OF APPEAL, THE 6,107
PROSECUTING ATTORNEY, AS A MATTER OF RIGHT UNDER SECTION 2945.67 6,108
OF THE REVISED CODE, MAY APPEAL A DECISION NOT TO TRANSFER A CASE 6,110
UNDER DIVISION (B) OF THIS SECTION. 6,111
(2) THE RECORD THAT IS REVIEWED IN ANY APPEAL UNDER 6,113
DIVISION (L)(1) OF THIS SECTION SHALL INCLUDE ALL OF THE 6,114
FOLLOWING, AS APPLICABLE: 6,115
(a) THE TRANSCRIPT OF THE PROCEEDINGS; 6,117
(b) ANY MENTAL EXAMINATION OR OTHER INVESTIGATIVE REPORT 6,119
THAT WAS PREPARED UNDER JUVENILE RULE 30, DIVISION (D) OF THIS 6,121
SECTION, OR ANY OTHER PROVISION OF LAW AND SUBMITTED TO THE 6,122
JUVENILE COURT IN WRITING BEFORE THE COURT MADE ITS DECISION NOT 6,123
TO TRANSFER THE CASE. THE APPELLATE COURT'S USE OF ANY REPORT IN 6,125
CONNECTION WITH AN APPEAL UNDER DIVISION (L) OF THIS SECTION DOES 6,126
NOT AFFECT THE OTHERWISE CONFIDENTIAL CHARACTER OF THE CONTENTS
OF THE REPORT AND DOES NOT CAUSE THE REPORT TO BECOME A PUBLIC 6,128
RECORD FOLLOWING THE APPELLATE COURT'S USE OF THE REPORT. 6,129
(c) THE JUDGMENT ENTRY, INCLUDING THE SPECIFIC FACTORS 6,131
UNDER DIVISIONS (E) AND (F) OF THIS SECTION THAT THE COURT 6,132
CONSIDERED AND WEIGHED IN REACHING ITS DECISION NOT TO TRANSFER 6,133
THE CASE;
(d) ANY OTHER ORAL OR WRITTEN STATEMENT MADE TO OR BY THE 6,135
COURT AT THE TRANSFER HEARING. 6,136
Sec. 2152.13. (A)(1)(a) A PROSECUTING ATTORNEY MAY SEEK A 6,139
SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE IN A CASE
INVOLVING AN ALLEGED DELINQUENT CHILD WHO IS ELIGIBLE FOR A 6,141
SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE. EXCEPT AS 6,142
PROVIDED IN DIVISION (A)(2) OF THIS SECTION, IF A PROSECUTING 6,143
ATTORNEY INTENDS TO SEEK A SERIOUS YOUTHFUL OFFENDER
DISPOSITIONAL SENTENCE IN A CASE INVOLVING AN ALLEGED DELINQUENT 6,145
CHILD, THE PROSECUTING ATTORNEY SHALL FILE A WRITTEN NOTICE OF 6,147
141
THAT INTENT WITH THE JUVENILE COURT WITHIN TEN DAYS AFTER THE 6,148
LATER OF THE FOLLOWING, UNLESS THE TIME FOR FILING THE NOTICE IS 6,149
EXTENDED BY THE JUVENILE COURT FOR GOOD CAUSE SHOWN:
(i) THE DATE OF THE CHILD'S FIRST JUVENILE COURT HEARING 6,151
REGARDING THE COMPLAINT; 6,153
(ii) THE DATE THE JUVENILE COURT DETERMINES NOT TO 6,155
TRANSFER THE CASE UNDER SECTION 2152.12 OF THE REVISED CODE. 6,156
(b) AFTER THE WRITTEN NOTICE IS FILED, THE JUVENILE COURT 6,158
SHALL SERVE A COPY OF THE NOTICE ON THE CHILD, BRING THE CHILD 6,159
BEFORE THE JUVENILE COURT, AND ADVISE THE CHILD OF THE 6,161
PROSECUTING ATTORNEY'S INTENT TO SEEK A SERIOUS YOUTHFUL OFFENDER 6,162
DISPOSITIONAL SENTENCE IN THE CASE.
EXCEPT AS PROVIDED IN DIVISION (A)(2) OF THIS SECTION, IF 6,164
THE PROSECUTING ATTORNEY DOES NOT TIMELY FILE A WRITTEN NOTICE 6,165
UNDER DIVISION (A)(1)(a) OF THIS SECTION, THE JUVENILE COURT 6,167
SHALL NOT ORDER A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL 6,168
SENTENCE IN THE CASE. 6,169
(2) THE PROSECUTING ATTORNEY IS NOT REQUIRED TO FILE A 6,171
WRITTEN NOTICE UNDER DIVISION (A)(1)(a) OF THIS SECTION IF ANY OF 6,173
THE FOLLOWING APPLY: 6,174
(a) THE CASE IS SUBJECT TO A PRESUMED TRANSFER UNDER 6,176
DIVISION (B) OF SECTION 2152.12 OF THE REVISED CODE, THE 6,177
PRESUMPTION IS OVERCOME, AND, PURSUANT TO DIVISION (I) OF SECTION 6,179
2152.11 OF THE REVISED CODE, THE CASE IS REQUIRED TO BE 6,180
CONSIDERED AS A SERIOUS YOUTHFUL OFFENDER CASE IF THE PRESUMPTION 6,181
IS OVERCOME. 6,182
(b) THE PROSECUTING ATTORNEY'S ORIGINAL COMPLAINT REQUESTS 6,184
A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE IN THE CASE. 6,185
(c) THE CHILD IS INDICTED AS A SERIOUS YOUTHFUL OFFENDER. 6,187
(B) IF A NOTICE, INDICTMENT, OR COMPLAINT INDICATES THAT 6,189
THE PROSECUTING ATTORNEY INTENDS TO PURSUE A SERIOUS YOUTHFUL 6,190
OFFENDER DISPOSITIONAL SENTENCE IN THE CASE, THE JUVENILE COURT 6,191
SHALL HOLD A PRELIMINARY HEARING TO DETERMINE IF THERE IS 6,192
PROBABLE CAUSE THAT THE CHILD COMMITTED THE ACT CHARGED AND IS BY 6,193
142
AGE ELIGIBLE FOR, OR REQUIRED TO RECEIVE, A SERIOUS YOUTHFUL 6,194
OFFENDER DISPOSITIONAL SENTENCE. 6,195
(C) A CHILD FOR WHOM A SERIOUS YOUTHFUL OFFENDER 6,197
DISPOSITIONAL SENTENCE IS SOUGHT HAS THE RIGHT TO A GRAND JURY 6,198
DETERMINATION OF PROBABLE CAUSE THAT THE CHILD COMMITTED THE ACT 6,199
CHARGED AND THAT THE CHILD IS ELIGIBLE BY AGE FOR A SERIOUS 6,200
YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE. THE PROSECUTING 6,201
ATTORNEY OF THE COUNTY IN WHICH THE CHILD HAS A LEGAL RESIDENCE 6,202
OR LEGAL SETTLEMENT OR IN WHICH THE ALLEGED DELINQUENT ACT OCCURS 6,203
ALSO MAY INITIATE A CASE IN WHICH A CHILD IS ALLEGED TO BE A 6,204
DELINQUENT CHILD AND IN WHICH THE PROSECUTING ATTORNEY SEEKS A 6,205
SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE BY PRESENTING 6,206
THE CASE TO A GRAND JURY FOR INDICTMENT. THE GRAND JURY MAY BE 6,207
IMPANELLED BY THE COURT OF COMMON PLEAS OR THE JUVENILE COURT. 6,208
ONCE A CHILD IS INDICTED OR THE JUVENILE COURT DETERMINES 6,210
THE CHILD TO BE ELIGIBLE FOR A SERIOUS YOUTHFUL OFFENDER 6,211
DISPOSITIONAL SENTENCE, THE CHILD IS ENTITLED TO BE REPRESENTED 6,212
BY COUNSEL AT AN OPEN AND SPEEDY TRIAL BY JURY IN JUVENILE COURT 6,213
AND TO BE PROVIDED WITH A TRANSCRIPT OF THE PROCEEDINGS. IF THE 6,214
CHILD IS DETAINED AWAITING ADJUDICATION, THE CHILD HAS THE SAME 6,215
RIGHT TO BAIL AS AN ADULT CHARGED WITH THE OFFENSE THE ALLEGED 6,216
DELINQUENT ACT WOULD BE IF COMMITTED BY AN ADULT. EXCEPT AS 6,217
PROVIDED IN DIVISION (D) OF SECTION 2152.14 OF THE REVISED CODE, 6,218
IF THE CHILD IS ELIGIBLE FOR A SERIOUS YOUTHFUL OFFENDER 6,219
DISPOSITIONAL SENTENCE, THE JUVENILE COURT SHALL CONDUCT ALL 6,220
HEARINGS AND PROCEEDINGS IN THE CASE IN ACCORDANCE WITH TITLE 6,221
XXIX OF THE REVISED CODE AND THE CRIMINAL RULES. THE JUVENILE 6,223
COURT SHALL AFFORD THE CHILD ALL RIGHTS AFFORDED A PERSON WHO IS 6,224
CRIMINALLY PROSECUTED FOR COMMITTING AN OFFENSE. 6,226
(D)(1)(a) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 6,229
COMMITTING AN ACT UNDER CIRCUMSTANCES THAT REQUIRE THE JUVENILE
COURT TO IMPOSE UPON THE CHILD A SERIOUS YOUTHFUL OFFENDER 6,231
DISPOSITIONAL SENTENCE UNDER DIVISION (C) OF SECTION 2152.11 OF 6,232
THE REVISED CODE, ALL OF THE FOLLOWING APPLY: 6,233
143
(i) THE JUVENILE COURT SHALL IMPOSE UPON THE CHILD A 6,235
SENTENCE AVAILABLE FOR THE VIOLATION, AS IF THE CHILD WERE AN 6,236
ADULT, UNDER CHAPTER 2929. OF THE REVISED CODE, EXCEPT THAT THE 6,237
JUVENILE COURT SHALL NOT IMPOSE ON THE CHILD A SENTENCE OF DEATH 6,238
OR LIFE IMPRISONMENT WITHOUT PAROLE. 6,239
(ii) THE JUVENILE COURT SHALL IMPOSE UPON THE CHILD AN 6,241
EXTENDED JUVENILE JURISDICTION DISPOSITION UNDER SECTION 2152.15 6,242
OF THE REVISED CODE. 6,243
(iii) THE JUVENILE COURT SHALL STAY THE ADULT PORTION OF 6,245
THE SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE PENDING THE 6,246
SUCCESSFUL COMPLETION OF THE EXTENDED JUVENILE JURISDICTION 6,248
DISPOSITION.
(iv) THE JUVENILE COURT MAY SUSPEND ANY DISPOSITION 6,250
IMPOSED UNDER THE EXTENDED JUVENILE JURISDICTION DISPOSITION IN 6,251
FAVOR OF A COMMUNITY CONTROL SANCTION OR SANCTIONS. 6,252
(b) THE CHILD HAS A RIGHT TO APPEAL UNDER DIVISION (A)(1), 6,255
(3), (4), OR (5) OF SECTION 2953.08 OF THE REVISED CODE THE ADULT 6,256
PORTION OF THE SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE 6,257
IMPOSED UPON THE CHILD WHEN ANY OF THOSE DIVISIONS APPLY. ANY 6,258
APPEAL OF THE ADULT PORTION SHALL BE BROUGHT AND CONSIDERED AS IF 6,259
THE ADULT PORTION WERE NOT STAYED. 6,260
(2)(a) SUBJECT TO DIVISION (D)(3) OF THIS SECTION, IF A 6,262
CHILD IS ADJUDICATED A DELINQUENT CHILD FOR COMMITTING AN ACT 6,264
UNDER CIRCUMSTANCES THAT ALLOW, BUT DO NOT REQUIRE, THE JUVENILE 6,265
COURT TO IMPOSE ON THE CHILD A SERIOUS YOUTHFUL OFFENDER 6,266
DISPOSITIONAL SENTENCE UNDER DIVISION (D), (E), (F), (G), OR (H) 6,269
OF SECTION 2152.11 OF THE REVISED CODE, ALL OF THE FOLLOWING 6,270
APPLY:
(i) IF THE JUVENILE COURT ON THE RECORD MAKES A FINDING 6,273
THAT GIVEN THE NATURE AND CIRCUMSTANCES OF THE VIOLATION AND THE 6,274
HISTORY OF THE CHILD, THE LENGTH OF TIME, LEVEL OF SECURITY, AND 6,275
TYPES OF PROGRAMMING AND RESOURCES AVAILABLE IN THE JUVENILE 6,276
SYSTEM ALONE ARE NOT ADEQUATE TO PROVIDE THE JUVENILE COURT WITH 6,277
A REASONABLE EXPECTATION THAT THE PURPOSES SET FORTH IN SECTION 6,278
144
2152.01 OF THE REVISED CODE WILL BE MET, THE JUVENILE COURT MAY 6,279
IMPOSE UPON THE CHILD A SENTENCE AVAILABLE FOR THE VIOLATION, AS 6,281
IF THE CHILD WERE AN ADULT, UNDER CHAPTER 2929. OF THE REVISED 6,283
CODE, EXCEPT THAT THE JUVENILE COURT SHALL NOT IMPOSE ON THE 6,284
CHILD A SENTENCE OF DEATH OR LIFE IMPRISONMENT WITHOUT PAROLE. 6,285
(ii) IF A SENTENCE IS IMPOSED UNDER DIVISION (D)(2)(a)(i) 6,287
OF THIS SECTION, THE JUVENILE COURT ALSO SHALL IMPOSE UPON THE 6,288
CHILD AN EXTENDED JUVENILE JURISDICTION DISPOSITION UNDER SECTION 6,289
2152.15 OF THE REVISED CODE. 6,290
(iii) THE JUVENILE COURT SHALL STAY THE ADULT PORTION OF 6,292
THE SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE PENDING THE 6,293
SUCCESSFUL COMPLETION OF THE EXTENDED JUVENILE JURISDICTION 6,294
DISPOSITION.
(iv) THE JUVENILE COURT MAY SUSPEND ANY DISPOSITION 6,296
IMPOSED UNDER THE EXTENDED JUVENILE JURISDICTION DISPOSITION IN 6,297
FAVOR OF A COMMUNITY CONTROL SANCTION OR SANCTIONS. 6,298
(b) THE CHILD HAS A RIGHT TO APPEAL UNDER DIVISION (A)(1), 6,301
(3), (4), OR (5) OF SECTION 2953.08 OF THE REVISED CODE THE ADULT 6,302
PORTION OF THE SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE 6,303
IMPOSED UPON THE CHILD WHEN ANY OF THOSE DIVISIONS APPLY. ANY 6,304
APPEAL OF THE ADULT PORTION SHALL BE BROUGHT AND CONSIDERED AS IF 6,305
THE ADULT PORTION WERE NOT STAYED. 6,306
(c) IF THE JUVENILE COURT DOES NOT FIND THAT A SENTENCE 6,308
SHOULD BE IMPOSED UNDER DIVISION (D)(2)(a)(i) OF THIS SECTION, 6,310
THE JUVENILE COURT MAY IMPOSE AN EXTENDED JUVENILE JURISDICTION 6,311
DISPOSITION ALONE OR ANY OTHER DISPOSITION UNDER THIS CHAPTER. 6,313
(3)(a) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 6,315
COMMITTING AN ACT THAT IF COMMITTED BY AN ADULT WOULD BE A FELONY 6,316
OF THE FOURTH OR FIFTH DEGREE UNDER CIRCUMSTANCES THAT ALLOW, BUT 6,317
DO NOT REQUIRE, A JUVENILE COURT TO IMPOSE ON THE CHILD A SERIOUS
YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE UNDER DIVISION (I) OF 6,318
SECTION 2152.11 OF THE REVISED CODE, ALL OF THE FOLLOWING APPLY: 6,319
(i) IF THE JUVENILE COURT ON THE RECORD FINDS THAT GIVEN 6,322
THE NATURE AND CIRCUMSTANCES OF THE VIOLATION AND THE HISTORY OF 6,323
145
THE CHILD, THE LENGTH OF TIME, LEVEL OF SECURITY, AND TYPES OF 6,324
PROGRAMMING AND RESOURCES AVAILABLE IN THE JUVENILE SYSTEM ALONE
ARE NOT ADEQUATE TO PROVIDE THE JUVENILE COURT WITH A REASONABLE 6,325
EXPECTATION THAT THE PURPOSES SET FORTH IN SECTION 2152.01 OF THE 6,326
REVISED CODE WILL BE MET, THE JUVENILE COURT MAY IMPOSE UPON THE 6,328
CHILD A SENTENCE, AS IF THE CHILD WERE AN ADULT, UNDER CHAPTER 6,329
2929. OF THE REVISED CODE. 6,330
(ii) IF A SENTENCE IS IMPOSED UNDER DIVISION (D)(3)(a)(i) 6,333
OF THIS SECTION, THE JUVENILE COURT ALSO SHALL IMPOSE UPON THE 6,334
CHILD ANY TRADITIONAL JUVENILE DISPOSITIONS AVAILABLE UNDER 6,335
SECTIONS 2152.16, 2152.19, AND 2152.20 OF THE REVISED CODE. 6,336
(iii) THE JUVENILE COURT SHALL STAY THE ADULT SENTENCE 6,338
PENDING THE SUCCESSFUL COMPLETION OF THE TRADITIONAL JUVENILE 6,339
DISPOSITION.
(iv) THE JUVENILE COURT MAY SUSPEND TRADITIONAL JUVENILE 6,341
DISPOSITION IN FAVOR OF A COMMUNITY CONTROL SANCTION OR 6,342
SANCTIONS.
(b) THE CHILD HAS A RIGHT TO APPEAL UNDER DIVISION (A)(1), 6,345
(3), (4), OR (5) OF SECTION 2953.08 OF THE REVISED CODE THE ADULT 6,346
PORTION OF THE SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE 6,347
IMPOSED UPON THE CHILD WHEN ANY OF THOSE DIVISIONS APPLY. ANY 6,348
APPEAL OF THE ADULT PORTION SHALL BE BROUGHT AND CONSIDERED AS IF 6,349
THE ADULT PORTION WERE NOT STAYED. 6,350
(c) IF THE JUVENILE COURT DOES NOT FIND THAT A SENTENCE 6,352
SHOULD BE IMPOSED UNDER DIVISION (D)(3)(a)(i) OF THIS SECTION, 6,354
THE JUVENILE COURT MAY IMPOSE A TRADITIONAL JUVENILE DISPOSITION 6,355
UNDER THIS CHAPTER. 6,356
(E) IF A CHILD SUBJECT TO THIS SECTION IS ADJUDICATED A 6,358
DELINQUENT CHILD FOR COMMITTING AN ACT THAT WOULD BE A SEXUALLY 6,359
ORIENTED OFFENSE IF COMMITTED BY AN ADULT, BEFORE THE JUVENILE 6,360
PORTION OF THE SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE 6,361
ENDS, THE JUVENILE COURT, BY ITS OWN MOTION OR ON A MOTION BY THE 6,363
DEPARTMENT OF YOUTH SERVICES, THE PROBATION DEPARTMENT
SUPERVISING THE CHILD, THE PROSECUTING ATTORNEY, OR CHILD'S 6,364
146
ATTORNEY, SHALL DETERMINE WHETHER AND TO WHAT EXTENT THE CHILD 6,365
MUST ABIDE BY THE COMMUNITY NOTIFICATION REQUIREMENTS SET FORTH 6,366
IN SECTION 2950.11 OF THE REVISED CODE. 6,367
Sec. 2152.14. (A)(1) THE DIRECTOR OF YOUTH SERVICES MAY 6,369
REQUEST THE PROSECUTING ATTORNEY OF THE COUNTY CONTAINING THE 6,370
JUVENILE COURT THAT IMPOSED A SERIOUS YOUTHFUL OFFENDER 6,372
DISPOSITIONAL SENTENCE UPON A PERSON TO FILE A MOTION WITH THAT 6,373
JUVENILE COURT TO INVOKE THE ADULT PORTION OF THE DISPOSITIONAL 6,374
SENTENCE IF ALL OF THE FOLLOWING APPLY TO THE PERSON: 6,375
(a) THE PERSON IS AT LEAST FOURTEEN YEARS OF AGE. 6,377
(b) THE PERSON IS IN THE INSTITUTIONAL CUSTODY, OR AN 6,379
ESCAPEE FROM THE CUSTODY, OF THE DEPARTMENT OF YOUTH SERVICES. 6,381
(c) THE PERSON IS SERVING THE JUVENILE PORTION OF THE 6,383
SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE. 6,384
(2) THE MOTION SHALL STATE THAT THERE IS REASONABLE CAUSE 6,386
TO BELIEVE THAT EITHER OF THE FOLLOWING MISCONDUCT HAS OCCURRED 6,387
AND SHALL STATE THAT AT LEAST ONE INCIDENT OF MISCONDUCT OF THAT 6,388
NATURE OCCURRED AFTER THE PERSON REACHED FOURTEEN YEARS OF AGE: 6,389
(a) THE PERSON COMMITTED AN ACT THAT IS A VIOLATION OF THE 6,391
RULES OF THE INSTITUTION AND THAT COULD BE CHARGED AS A FELONY OR 6,392
A FIRST DEGREE MISDEMEANOR OFFENSE OF VIOLENCE IF COMMITTED BY AN 6,394
ADULT.
(b) THE PERSON EXHIBITS BEHAVIORS OR ENGAGES IN ACTIVITIES 6,396
THAT CREATE A CLEAR AND PRESENT DANGER TO THE SAFETY OR SECURITY 6,397
OF THE INSTITUTION, THE COMMUNITY, OR THE VICTIM OR THAT 6,398
SERIOUSLY JEOPARDIZE THE PROGRAMMING AND TREATMENT OF OTHER 6,399
PERSONS IN INSTITUTIONAL CUSTODY.
(B) IF A PERSON IS AT LEAST FOURTEEN YEARS OF AGE, IS 6,401
SERVING THE JUVENILE PORTION OF A SERIOUS YOUTHFUL OFFENDER 6,402
DISPOSITIONAL SENTENCE, AND IS ON PAROLE OR AFTERCARE FROM A 6,403
DEPARTMENT OF YOUTH SERVICES FACILITY, OR ON COMMUNITY CONTROL, 6,404
THE DIRECTOR OF YOUTH SERVICES, THE JUVENILE COURT THAT IMPOSED 6,405
THE SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE ON THE 6,406
PERSON, OR THE PROBATION DEPARTMENT SUPERVISING THE PERSON MAY
147
REQUEST THE PROSECUTING ATTORNEY OF THE COUNTY CONTAINING THE 6,407
JUVENILE COURT TO FILE A MOTION WITH THE JUVENILE COURT TO INVOKE 6,408
THE ADULT PORTION OF THE DISPOSITIONAL SENTENCE. THE PROSECUTING 6,409
ATTORNEY MAY FILE A MOTION OF THAT TYPE EVEN IF NO REQUEST IS 6,410
MADE. THE MOTION SHALL STATE THAT THERE IS REASONABLE CAUSE TO 6,411
BELIEVE THAT EITHER OF THE FOLLOWING OCCURRED: 6,412
(1) THE PERSON COMMITTED AN ACT THAT IS A VIOLATION OF THE 6,414
CONDITIONS OF SUPERVISION AND THAT COULD BE CHARGED AS A FELONY 6,415
OR A FIRST DEGREE MISDEMEANOR OFFENSE OF VIOLENCE IF COMMITTED BY 6,416
AN ADULT. 6,417
(2) THE PERSON EXHIBITS BEHAVIORS OR ENGAGES IN ACTIVITIES 6,419
THAT CREATE A CLEAR AND PRESENT DANGER TO THE COMMUNITY OR THE 6,420
SAFETY OF THE VICTIM IF THE ADULT SENTENCE IS NOT INVOKED. 6,421
(C) IF THE PROSECUTING ATTORNEY DECLINES A REQUEST TO FILE 6,423
A MOTION THAT WAS MADE BY THE DEPARTMENT OF YOUTH SERVICES OR THE 6,424
SUPERVISING PROBATION DEPARTMENT UNDER DIVISION (A) OR (B) OF 6,426
THIS SECTION OR FAILS TO ACT ON A REQUEST MADE UNDER EITHER
DIVISION BY THE DEPARTMENT WITHIN A REASONABLE TIME, THE 6,427
DEPARTMENT OF YOUTH SERVICES OR THE SUPERVISING PROBATION 6,428
DEPARTMENT MAY FILE A MOTION WITH THE JUVENILE COURT TO INVOKE 6,429
THE ADULT PORTION OF THE SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL 6,430
SENTENCE. IF THE PROSECUTING ATTORNEY DECLINES A REQUEST TO FILE 6,431
A MOTION THAT WAS MADE BY THE JUVENILE COURT UNDER DIVISION (B) 6,432
OF THIS SECTION OR FAILS TO ACT ON A REQUEST FROM THE COURT UNDER 6,433
THAT DIVISION WITHIN A REASONABLE TIME, THE JUVENILE COURT MAY 6,434
HOLD THE HEARING DESCRIBED IN DIVISION (D) OF THIS SECTION ON ITS 6,435
OWN MOTION. 6,436
(D) UPON THE FILING OF A MOTION DESCRIBED IN DIVISION (B) 6,439
OR (C) OF THIS SECTION, THE JUVENILE COURT MAY HOLD A HEARING TO 6,440
DETERMINE WHETHER TO INVOKE THE ADULT PORTION OF A PERSON'S 6,441
SERIOUS JUVENILE OFFENDER DISPOSITIONAL SENTENCE. THE JUVENILE 6,442
COURT SHALL NOT INVOKE THE ADULT PORTION OF THE DISPOSITIONAL 6,443
SENTENCE WITHOUT A HEARING. AT THE HEARING THE PERSON WHO IS THE 6,445
SUBJECT OF THE SERIOUS YOUTHFUL OFFENDER DISPOSITION HAS THE
148
RIGHT TO BE PRESENT, TO RECEIVE NOTICE OF THE GROUNDS UPON WHICH 6,446
THE ADULT SENTENCE PORTION IS SOUGHT TO BE IMPOSED, TO BE 6,447
REPRESENTED BY COUNSEL INCLUDING COUNSEL APPOINTED UNDER JUVENILE 6,448
RULE 4(A), AND TO BE ADVISED ON THE PROCEDURES AND PROTECTIONS 6,450
SET FORTH IN THE JUVENILE RULES. THE HEARING SHALL BE OPEN TO 6,451
THE PUBLIC.
(E) THE JUVENILE COURT MAY INVOKE THE ADULT PORTION OF A 6,453
PERSON'S SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE IF THE 6,454
JUVENILE COURT FINDS ALL OF THE FOLLOWING ON THE RECORD BY CLEAR 6,455
AND CONVINCING EVIDENCE: 6,456
(1) THE PERSON IS SERVING THE JUVENILE PORTION OF A 6,458
SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE. 6,459
(2) THE PERSON IS AT LEAST FOURTEEN YEARS OF AGE AND HAS 6,461
BEEN ADMITTED TO A DEPARTMENT OF YOUTH SERVICES FACILITY, OR 6,462
CRIMINAL CHARGES ARE PENDING AGAINST THE PERSON. 6,463
(3) THE PERSON ENGAGED IN THE BEHAVIORS OR ACTS CHARGED 6,465
UNDER DIVISION (A) OR (B) OF THIS SECTION, OR THE PERSON'S 6,466
CONDUCT DEMONSTRATES THAT THE PERSON IS UNLIKELY TO BE 6,467
REHABILITATED DURING THE REMAINING PERIOD OF JUVENILE 6,468
JURISDICTION.
(F) IF A JUVENILE COURT ISSUES AN ORDER INVOKING THE ADULT 6,470
PORTION OF A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE 6,471
UNDER DIVISION (E) OF THIS SECTION, THE JUVENILE PORTION OF THE 6,472
DISPOSITIONAL SENTENCE SHALL TERMINATE, AND THE DEPARTMENT OF 6,473
YOUTH SERVICES SHALL TRANSFER CUSTODY OF THE PERSON TO THE 6,474
DEPARTMENT OF REHABILITATION AND CORRECTION. THE JUVENILE COURT 6,475
SHALL STATE IN ITS ORDER THE TOTAL NUMBER OF DAYS THAT THE PERSON 6,476
HAS BEEN HELD IN DETENTION OR IN A FACILITY OPERATED BY, OR UNDER 6,477
CONTRACT WITH, THE DEPARTMENT OF YOUTH SERVICES UNDER THE
JUVENILE PORTION OF THE DISPOSITIONAL SENTENCE. THE TIME THE 6,478
PERSON MUST SERVE ON A PRISON TERM IMPOSED UNDER THE ADULT 6,479
PORTION OF THE DISPOSITIONAL SENTENCE SHALL BE REDUCED BY THE 6,480
TOTAL NUMBER OF DAYS SPECIFIED IN THE ORDER PLUS ANY ADDITIONAL 6,481
DAYS THE PERSON IS HELD IN A JUVENILE FACILITY OR IN DETENTION 6,482
149
AFTER THE ORDER IS ISSUED AND BEFORE THE PERSON IS TRANSFERRED TO 6,483
THE CUSTODY OF THE DEPARTMENT OF REHABILITATION AND CORRECTION. 6,484
Sec. 2152.15. (A) IF A DELINQUENT CHILD IS ELIGIBLE FOR 6,486
AN EXTENDED JUVENILE JURISDICTION DISPOSITION UNDER DIVISION 6,487
(E)(2), (F)(2), OR (G)(2) OF SECTION 2152.11 OF THE REVISED CODE, 6,489
THE JUVENILE COURT MAY IMPOSE EXTENDED JURISDICTION IF THE 6,490
JUVENILE COURT ON THE RECORD FINDS THAT, GIVEN THE NATURE AND 6,492
CIRCUMSTANCES OF THE OFFENSE AND THE HISTORY OF THE OFFENDER, THE 6,493
LENGTH OF TIME AVAILABLE UNDER TRADITIONAL JUVENILE DISPOSITIONS 6,494
ARE NOT ADEQUATE TO PROVIDE THE COURT WITH A REASONABLE
EXPECTATION THAT THE PURPOSES SET FORTH IN SECTION 2152.01 OF THE 6,495
REVISED CODE WILL BE MET. 6,496
IF A DELINQUENT CHILD IS ELIGIBLE FOR AN EXTENDED JUVENILE 6,498
JURISDICTION DISPOSITION UNDER SECTION 2152.11 OF THE REVISED 6,500
CODE BUT THE JUVENILE COURT DOES NOT IMPOSE EXTENDED JUVENILE
JURISDICTION, THE JUVENILE COURT MAY IMPOSE ANY TRADITIONAL 6,501
JUVENILE DISPOSITION UNDER SECTIONS 2152.16, 2152.19, AND 2152.20 6,503
OF THE REVISED CODE.
(B) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 6,505
COMMITTING AN ACT THAT WOULD BE A FELONY IF COMMITTED BY AN ADULT 6,506
AND IS ELIGIBLE FOR EXTENDED JUVENILE JURISDICTION EITHER 6,507
DIRECTLY OR AS PART OF A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL 6,508
SENTENCE, THE JUVENILE COURT MAY COMMIT THE CHILD TO THE LEGAL 6,509
CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES FOR SECURE 6,510
CONFINEMENT FOR THE FOLLOWING PERIODS OF TIME: 6,511
(1) IF THE ACT FOR WHICH THE CHILD WAS ADJUDICATED A 6,513
DELINQUENT CHILD WAS A VIOLATION OF SECTION 2903.01 OR 2903.02 OF 6,514
THE REVISED CODE, UNTIL THE CHILD REACHES TWENTY-FIVE YEARS OF 6,515
AGE. THE JUVENILE COURT SHALL RETAIN CONTROL OVER THE COMMITMENT 6,516
UNTIL THE OFFENDER REACHES TWENTY-FIVE YEARS OF AGE. 6,517
(2)(a) IF THE ACT FOR WHICH THE CHILD WAS ADJUDICATED A 6,519
DELINQUENT CHILD WOULD BE A FELONY OTHER THAN A VIOLATION OF 6,520
SECTION 2903.01 OR 2903.02 OF THE REVISED CODE IF COMMITTED BY AN 6,521
ADULT, FOR AN INDEFINITE TERM CONSISTING OF A MINIMUM STATED 6,522
150
PERIOD ESTABLISHED AS FOLLOWS AND A MAXIMUM PERIOD OF THE CHILD'S 6,523
ATTAINMENT OF TWENTY-FIVE YEARS OF AGE: 6,524
(i) IF THE ACT FOR WHICH THE CHILD WAS ADJUDICATED A 6,526
DELINQUENT CHILD WOULD BE A FELONY OF THE FIRST DEGREE IF 6,527
COMMITTED BY AN ADULT, THE MINIMUM STATED PERIOD SHALL BE FROM 6,529
TWELVE TO SIXTY MONTHS.
(ii) IF THE ACT FOR WHICH THE CHILD WAS ADJUDICATED A 6,531
DELINQUENT CHILD WOULD BE A FELONY OF THE SECOND DEGREE IF 6,532
COMMITTED BY AN ADULT, THE MINIMUM STATED PERIOD SHALL BE FROM 6,534
TWELVE TO FORTY-EIGHT MONTHS.
(iii) IF THE ACT FOR WHICH THE CHILD WAS ADJUDICATED A 6,536
DELINQUENT CHILD WOULD BE A FELONY OF THE THIRD DEGREE IF 6,537
COMMITTED BY AN ADULT, THE MINIMUM STATED PERIOD SHALL BE FROM 6,539
TWELVE TO THIRTY MONTHS.
(b) THE JUVENILE COURT SHALL RETAIN CONTROL OVER THE 6,541
COMMITMENT FOR THE MINIMUM STATED PERIOD. DURING THE MINIMUM 6,542
STATED PERIOD, THE DEPARTMENT OF YOUTH SERVICES SHALL NOT MOVE 6,543
THE CHILD TO A NON-SECURE SETTING WITHOUT PERMISSION OF THE 6,544
JUVENILE COURT.
(C) IF A CHILD IS COMMITTED TO THE DEPARTMENT UNDER 6,546
EXTENDED JUVENILE JURISDICTION, THE DEPARTMENT MAY RELEASE THE 6,547
CHILD AT ANY TIME AFTER THE PERIOD OF COURT CONTROL IMPOSED UNDER 6,548
DIVISION (A) OF THIS SECTION ENDS. THE DEPARTMENT SHALL NOT 6,549
CONFINE ANY CHILD COMMITTED TO THE CUSTODY OF THE DEPARTMENT 6,550
UNDER EXTENDED JUVENILE JURISDICTION AFTER THE CHILD ATTAINS 6,551
TWENTY-FIVE YEARS OF AGE.
Sec. 2152.16. (A)(1) IF A CHILD IS ADJUDICATED A 6,553
DELINQUENT CHILD FOR COMMITTING AN ACT THAT WOULD BE A FELONY IF 6,554
COMMITTED BY AN ADULT AND EXTENDED JUVENILE JURISDICTION IS NOT 6,555
IMPOSED UNDER SECTIONS 2152.11 TO 2152.15 OF THE REVISED CODE, 6,556
THE JUVENILE COURT MAY COMMIT THE CHILD TO THE LEGAL CUSTODY OF 6,557
THE DEPARTMENT OF YOUTH SERVICES FOR SECURE CONFINEMENT. IN 6,558
MAKING A COMMITMENT UNDER THIS DIVISION, THE COURT SHALL SELECT A 6,559
SPECIFIC MINIMUM PERIOD OF MONTHS OF CONFINEMENT FROM THE 6,560
151
FOLLOWING RANGES:
(a) FOR AN ACT THAT WOULD BE AGGRAVATED MURDER OR MURDER 6,562
IF COMMITTED BY AN ADULT, UNTIL THE OFFENDER ATTAINS TWENTY-ONE 6,564
YEARS OF AGE. THE COURT SHALL RETAIN CONTROL OVER THE COMMITMENT 6,565
UNTIL THE CHILD REACHES THAT AGE. 6,566
(b) FOR AN ACT THAT WOULD BE A FELONY OF THE FIRST DEGREE 6,568
IF COMMITTED BY AN ADULT, SIX TO SIXTY MONTHS; 6,569
(c) FOR AN ACT THAT WOULD BE A FELONY OF THE SECOND DEGREE 6,571
IF COMMITTED BY AN ADULT, SIX TO FORTY-EIGHT MONTHS; 6,573
(d) FOR AN ACT THAT WOULD BE A FELONY OF THE THIRD DEGREE 6,575
IF COMMITTED BY AN ADULT, SIX TO THIRTY MONTHS; 6,576
(e) FOR AN ACT THAT WOULD BE A FELONY OF THE FOURTH DEGREE 6,578
IF COMMITTED BY AN ADULT, SIX TO EIGHTEEN MONTHS; 6,579
(f) FOR AN ACT THAT WOULD BE A FELONY OF THE FIFTH DEGREE 6,581
IF COMMITTED BY AN ADULT, SIX TO TWELVE MONTHS. 6,582
(2) IN EACH CASE IN WHICH A COURT MAKES A DISPOSITION 6,584
UNDER THIS SECTION, AS PART OF THE DISPOSITION THE COURT SHALL 6,585
SET THE MAXIMUM PERIOD OF THE SECURE CONFINEMENT AS THE 6,586
DELINQUENT CHILD'S ATTAINMENT OF TWENTY-ONE YEARS OF AGE. 6,587
IN EACH CASE IN WHICH A COURT MAKES A DISPOSITION UNDER 6,589
THIS SECTION, THE COURT RETAINS CONTROL OVER THE COMMITMENT FOR 6,590
THE SPECIFIC PERIOD SELECTED FROM THE RANGES SET FORTH IN 6,591
DIVISIONS (A)(1)(a) TO (f) OF THIS SECTION. DURING THE PERIOD OF 6,593
COURT CONTROL, THE DEPARTMENT OF YOUTH SERVICES SHALL NOT MOVE 6,594
THE OFFENDER TO A NON-SECURE SETTING WITHOUT THE PERMISSION OF
THE COURT THAT IMPOSED THE DISPOSITION. 6,595
(B) IF A DELINQUENT CHILD IS COMMITTED TO THE DEPARTMENT 6,597
OF YOUTH SERVICES UNDER THIS SECTION, THE DEPARTMENT MAY RELEASE 6,598
THE CHILD AT ANY TIME AFTER THE PERIOD OF COURT CONTROL IMPOSED 6,599
UNDER DIVISION (A)(1) OF THIS SECTION ENDS. THE MAXIMUM PERIOD 6,600
OF CONFINEMENT OF ANY CHILD COMMITTED TO THE DEPARTMENT UNDER 6,601
THIS SECTION SHALL BE THE DELINQUENT CHILD'S ATTAINMENT OF 6,603
TWENTY-ONE YEARS OF AGE.
Sec. 2152.17. (A)(1) DIVISIONS (A) AND (B) OF THIS 6,606
152
SECTION APPLY TO A CHILD TO WHOM BOTH OF THE FOLLOWING APPLY:
(a) THE CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 6,608
COMMITTING AN ACT, OTHER THAN A VIOLATION OF SECTION 2923.12 OF 6,609
THE REVISED CODE, THAT WOULD BE A FELONY IF COMMITTED BY AN 6,610
ADULT.
(b) THE COURT DETERMINES THAT, IF THE CHILD WAS AN ADULT, 6,613
THE CHILD WOULD BE GUILTY OF A SPECIFICATION OF THE TYPE SET
FORTH IN SECTION 2941.141, 2941.144, 2941.145, OR 2941.146 OF THE 6,614
REVISED CODE.
(2) DIVISIONS (A) AND (B) OF THIS SECTION ALSO APPLY TO A 6,617
CHILD WHO IS ADJUDICATED A DELINQUENT CHILD FOR COMMITTING AN ACT
DESCRIBED IN DIVISION (A)(1)(a) OF THIS SECTION IF THE CHILD WAS 6,619
AN ACCOMPLICE OF A DELINQUENT CHILD TO WHOM DIVISION (A)(1) OF
THIS SECTION APPLIES BUT DID NOT POSSESS THE FIREARM IDENTIFIED 6,620
IN THE SPECIFICATION DESCRIBED IN THAT DIVISION AND IF THE COURT 6,621
DETERMINES THAT THE CHILD DESCRIBED IN THIS DIVISION KNEW THAT 6,622
THE DELINQUENT CHILD TO WHOM DIVISION (A)(1) OF THIS SECTION 6,623
APPLIES POSSESSED THE FIREARM. IF THE CHILD DESCRIBED IN THIS 6,624
DIVISION KNEW THAT THE DELINQUENT CHILD TO WHOM DIVISION (A)(1) 6,625
OF THIS SECTION APPLIES POSSESSED THE FIREARM UNDER THE 6,626
CIRCUMSTANCES DESCRIBED IN THE SPECIFICATION, THE CHILD DESCRIBED 6,627
IN THIS DIVISION SHALL RECEIVE THE SAME DISPOSITION AS THE
DELINQUENT CHILD TO WHOM DIVISION (A)(1) OF THIS SECTION APPLIES. 6,629
IN ALL OTHER CASES, THE DELINQUENT CHILD DESCRIBED IN THIS 6,630
DIVISION SHALL RECEIVE THE DISPOSITION DESCRIBED IN DIVISION 6,631
(B)(1) OF THIS SECTION.
(B)(1) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD AND IF 6,633
DIVISIONS (A) AND (B) OF THIS SECTION APPLY TO THE CHILD AS 6,634
DESCRIBED IN DIVISION (A) OF THIS SECTION, THE COURT, AS PROVIDED 6,635
IN DIVISIONS (B)(1)(a) TO (c) OF THIS SECTION, MAY COMMIT OR, 6,637
WHEN REQUIRED UNDER ANY OF THOSE DIVISIONS, SHALL COMMIT THE 6,638
CHILD TO THE DEPARTMENT OF YOUTH SERVICES FOR 6,639
INSTITUTIONALIZATION IN A SECURE FACILITY. THE COMMITMENT UNDER 6,640
DIVISIONS (A) AND (B) OF THIS SECTION SHALL BE AS FOLLOWS: 6,641
153
(a) IF THE CHILD WOULD BE GUILTY OF A SPECIFICATION OF THE 6,643
TYPE SET FORTH IN SECTION 2941.141 OF THE REVISED CODE OR IF 6,644
DIVISION (A)(2) OF THIS SECTION APPLIES, THE COURT MAY COMMIT THE 6,646
CHILD FOR THE SPECIFICATION FOR A DEFINITE PERIOD OF UP TO ONE
YEAR, PROVIDED THAT THE COURT SHALL NOT COMMIT THE CHILD UNDER 6,647
THIS DIVISION UNLESS THE COURT ALSO COMMITS THE CHILD TO THE 6,648
DEPARTMENT FOR THE UNDERLYING DELINQUENT ACT UNDER SECTIONS 6,649
2152.11 TO 2152.16 OF THE REVISED CODE.
(b) IF THE CHILD WOULD BE GUILTY OF A SPECIFICATION OF THE 6,651
TYPE SET FORTH IN SECTION 2941.145 OF THE REVISED CODE, THE COURT 6,652
SHALL COMMIT THE CHILD FOR THE SPECIFICATION FOR A DEFINITE 6,653
PERIOD OF ONE TO THREE YEARS, AND THE COURT ALSO SHALL COMMIT THE 6,654
CHILD TO THE DEPARTMENT FOR THE UNDERLYING DELINQUENT ACT UNDER 6,655
SECTIONS 2152.11 TO 2152.16 OF THE REVISED CODE.
(c) IF THE CHILD WOULD BE GUILTY OF A SPECIFICATION OF THE 6,657
TYPE SET FORTH IN SECTION 2941.144 OR 2941.146 OF THE REVISED 6,658
CODE, THE COURT SHALL COMMIT THE CHILD FOR THE SPECIFICATION FOR 6,659
A DEFINITE PERIOD OF ONE TO FIVE YEARS, AND THE COURT ALSO SHALL 6,660
COMMIT THE CHILD TO THE DEPARTMENT FOR THE UNDERLYING DELINQUENT 6,661
ACT UNDER SECTIONS 2152.11 TO 2152.16 OF THE REVISED CODE. A 6,662
CHILD COMMITTED FOR A SPECIFICATION UNDER THIS DIVISION IS NOT 6,663
ELIGIBLE FOR COMMITMENT UNDER DIVISION (A)(1) OR (2) OF THIS 6,664
SECTION FOR THE SAME DELINQUENT ACT. 6,665
(2) A COMMITMENT FOR A SPECIFICATION UNDER DIVISIONS (A) 6,667
AND (B) OF THIS SECTION SHALL BE IN ADDITION TO THE COMMITMENT 6,668
THAT THE COURT IMPOSES FOR THE UNDERYLING DELINQUENT ACT. 6,669
(C) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 6,671
COMMITTING AN ACT THAT WOULD BE A FIRST, SECOND, OR THIRD DEGREE 6,672
FELONY OFFENSE OF VIOLENCE IF COMMITTED BY AN ADULT AND IF THE 6,673
COURT DETERMINES THAT, IF THE CHILD WAS AN ADULT, THE CHILD WOULD 6,674
BE GUILTY OF A SPECIFICATION OF THE TYPE SET FORTH IN SECTION 6,675
2941.142 OF THE REVISED CODE IN RELATION TO THE ACT FOR WHICH THE 6,676
CHILD WAS ADJUDICATED A DELINQUENT CHILD, THE COURT SHALL COMMIT 6,677
THE CHILD FOR THE SPECIFICATION TO THE LEGAL CUSTODY OF THE 6,678
154
DEPARTMENT OF YOUTH SERVICES FOR INSTITUTIONALIZATION IN A SECURE 6,679
FACILITY FOR A PERIOD OF NOT LESS THAN ONE YEAR AND NOT MORE THAN 6,680
THREE YEARS, SUBJECT TO DIVISION (D) OF THIS SECTION, AND THE 6,681
COURT ALSO SHALL COMMIT THE CHILD TO THE DEPARTMENT FOR THE 6,682
UNDERLYING DELINQUENT ACT UNDER SECTIONS 2152.11 TO 2152.16 OF 6,683
THE REVISED CODE.
(D) THE COURT SHALL NOT COMMIT A CHILD TO THE LEGAL 6,685
CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES FOR A SPECIFICATION 6,686
PURSUANT TO THIS SECTION FOR A PERIOD OF TIME THAT EXCEEDS FIVE 6,687
YEARS FOR ANY ONE DELINQUENT ACT. THE PERIOD OF COMMITMENT 6,688
IMPOSED PURSUANT TO DIVISIONS (A) AND (B) OR DIVISION (C) OF THIS 6,689
SECTION SHALL BE IN ADDITION TO, AND SHALL BE SERVED 6,690
CONSECUTIVELY WITH AND PRIOR TO, A PERIOD OF COMMITMENT ORDERED 6,691
UNDER THIS CHAPTER FOR THE UNDERLYING DELINQUENT ACT. IF A 6,692
COMMITMENT IS IMPOSED UNDER DIVISIONS (A) AND (B) AND A 6,693
COMMITMENT ALSO IS IMPOSED UNDER DIVISION (C) OF THIS SECTION, 6,694
THE PERIOD IMPOSED UNDER DIVISIONS (A) AND (B) SHALL BE IMPOSED 6,695
PRIOR TO THE PERIOD IMPOSED UNDER DIVISION (C) OF THIS SECTION. 6,696
THE TOTAL OF ALL THE PERIODS OF COMMITMENT IMPOSED FOR A 6,698
SPECIFICATION UNDER THIS SECTION AND FOR THE UNDERLYING OFFENSE 6,699
UNDER THIS CHAPTER SHALL NOT EXCEED THE CHILD'S ATTAINMENT OF 6,700
TWENTY-ONE YEARS OF AGE, UNLESS THE CHILD RECEIVES AN EXTENDED 6,701
JUVENILE JURISDICTION DISPOSITION UNDER SECTIONS 2152.11 TO 6,702
2152.15 OF THE REVISED CODE, IN WHICH CASE THE TOTAL OF ALL 6,703
PERIODS OF COMMITMENT SO IMPOSED SHALL NOT EXCEED THE CHILD'S
ATTAINMENT OF TWENTY-FIVE YEARS OF AGE. 6,704
(E) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 6,706
COMMITTING TWO OR MORE ACTS THAT WOULD BE FELONIES IF COMMITTED 6,707
BY AN ADULT AND IF THE COURT ENTERING THE DELINQUENT CHILD 6,708
ADJUDICATION ORDERS THE COMMITMENT OF THE CHILD FOR TWO OR MORE 6,709
OF THOSE ACTS TO THE LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH 6,710
SERVICES FOR INSTITUTIONALIZATION IN A SECURE FACILITY PURSUANT 6,711
TO SECTION 2152.13, 2152.15, OR 2152.16 OF THE REVISED CODE, THE 6,712
COURT MAY ORDER THAT ALL OF THE PERIODS OF COMMITMENT IMPOSED 6,713
155
UNDER THOSE DIVISIONS FOR THOSE ACTS BE SERVED CONSECUTIVELY IN 6,714
THE LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES AND, IF 6,715
APPLICABLE, BE IN ADDITION TO AND COMMENCE IMMEDIATELY FOLLOWING 6,717
THE EXPIRATION OF A PERIOD OF COMMITMENT THAT THE COURT IMPOSES 6,718
PURSUANT TO DIVISIONS (A) AND (B) OR DIVISION (C) OF THIS 6,719
SECTION. A COURT SHALL NOT COMMIT A DELINQUENT CHILD TO THE 6,720
LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES UNDER THIS 6,721
DIVISION FOR A PERIOD THAT EXCEEDS THE CHILD'S ATTAINMENT OF 6,722
TWENTY-ONE YEARS OF AGE OR, IF THE CHILD IS ELIGIBLE FOR EXTENDED 6,723
JUVENILE JURISDICTION UNDER SECTIONS 2152.11 TO 2152.15 OF THE 6,724
REVISED CODE, THE CHILD'S ATTAINMENT OF TWENTY-FIVE YEARS OF AGE. 6,725
(F) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 6,727
COMMITTING AN ACT THAT IF COMMITTED BY AN ADULT WOULD BE 6,728
AGGRAVATED MURDER, MURDER, RAPE, FELONIOUS SEXUAL PENETRATION IN 6,729
VIOLATION OF FORMER SECTION 2907.12 OF THE REVISED CODE, 6,730
INVOLUNTARY MANSLAUGHTER, A FELONY OF THE FIRST OR SECOND DEGREE 6,731
RESULTING IN THE DEATH OF OR PHYSICAL HARM TO A PERSON, 6,732
COMPLICITY IN OR AN ATTEMPT TO COMMIT ANY OF THOSE OFFENSES, OR 6,733
AN OFFENSE UNDER AN EXISTING OR FORMER LAW OF THIS STATE THAT IS 6,734
OR WAS SUBSTANTIALLY EQUIVALENT TO ANY OF THOSE OFFENSES AND IF 6,735
THE COURT IN ITS ORDER OF DISPOSITION FOR THAT ACT COMMITS THE 6,736
CHILD TO THE CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES, THE 6,737
COURT MAY MAKE A SPECIFIC FINDING THAT THE ADJUDICATION SHOULD BE 6,738
CONSIDERED A CONVICTION FOR PURPOSES OF A FUTURE DETERMINATION
PURSUANT TO CHAPTER 2929. OF THE REVISED CODE AS TO WHETHER THE 6,740
CHILD IS A REPEAT VIOLENT OFFENDER. IF THE COURT MAKES A
SPECIFIC FINDING AS DESCRIBED IN THIS DIVISION, IT SHALL INCLUDE 6,741
THE SPECIFIC FINDING IN ITS ORDER OF DISPOSITION AND IN THE 6,742
RECORD IN THE CASE. 6,743
Sec. 2152.18. (A) WHEN A JUVENILE COURT COMMITS A 6,745
DELINQUENT CHILD TO THE CUSTODY OF THE DEPARTMENT OF YOUTH 6,746
SERVICES PURSUANT TO THIS CHAPTER, THE COURT SHALL NOT DESIGNATE 6,747
THE SPECIFIC INSTITUTION IN WHICH THE DEPARTMENT IS TO PLACE THE 6,748
CHILD BUT INSTEAD SHALL SPECIFY THAT THE CHILD IS TO BE 6,749
156
INSTITUTIONALIZED IN A SECURE FACILITY. 6,750
(B) WHEN A JUVENILE COURT COMMITS A DELINQUENT CHILD TO 6,752
THE CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES PURSUANT TO THIS 6,753
CHAPTER, THE COURT SHALL STATE IN THE ORDER OF COMMITMENT THE 6,754
TOTAL NUMBER OF DAYS THAT THE CHILD HAS BEEN HELD IN DETENTION IN 6,755
CONNECTION WITH THE DELINQUENT CHILD COMPLAINT UPON WHICH THE 6,756
ORDER OF COMMITMENT IS BASED. THE DEPARTMENT SHALL REDUCE THE 6,757
MINIMUM PERIOD OF INSTITUTIONALIZATION THAT WAS ORDERED BY BOTH 6,758
THE TOTAL NUMBER OF DAYS THAT THE CHILD HAS BEEN SO HELD IN 6,759
DETENTION AS STATED BY THE COURT IN THE ORDER OF COMMITMENT AND 6,760
THE TOTAL NUMBER OF ANY ADDITIONAL DAYS THAT THE CHILD HAS BEEN 6,761
HELD IN DETENTION SUBSEQUENT TO THE ORDER OF COMMITMENT BUT PRIOR 6,762
TO THE TRANSFER OF PHYSICAL CUSTODY OF THE CHILD TO THE 6,763
DEPARTMENT.
(C)(1) WHEN A JUVENILE COURT COMMITS A DELINQUENT CHILD TO 6,765
THE CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES, THE COURT SHALL 6,766
PROVIDE THE DEPARTMENT WITH THE CHILD'S MEDICAL RECORDS, A COPY 6,767
OF THE REPORT OF ANY MENTAL EXAMINATION OF THE CHILD ORDERED BY 6,768
THE COURT, THE REVISED CODE SECTION OR SECTIONS THE CHILD 6,769
VIOLATED AND THE DEGREE OF EACH VIOLATION, THE WARRANT TO CONVEY 6,770
THE CHILD TO THE DEPARTMENT, A COPY OF THE COURT'S JOURNAL ENTRY 6,771
ORDERING THE COMMITMENT OF THE CHILD TO THE LEGAL CUSTODY OF THE 6,772
DEPARTMENT, A COPY OF THE ARREST RECORD PERTAINING TO THE ACT FOR 6,773
WHICH THE CHILD WAS ADJUDICATED A DELINQUENT CHILD, A COPY OF ANY 6,774
VICTIM IMPACT STATEMENT PERTAINING TO THE ACT, AND ANY OTHER 6,775
INFORMATION CONCERNING THE CHILD THAT THE DEPARTMENT REASONABLY 6,776
REQUESTS. THE COURT ALSO SHALL COMPLETE THE FORM FOR THE 6,777
STANDARD PREDISPOSITION INVESTIGATION REPORT THAT THE DEPARTMENT 6,778
FURNISHES PURSUANT TO SECTION 5139.04 OF THE REVISED CODE AND 6,779
PROVIDE THE DEPARTMENT WITH THE COMPLETED FORM. 6,780
THE DEPARTMENT MAY REFUSE TO ACCEPT PHYSICAL CUSTODY OF A 6,782
DELINQUENT CHILD WHO IS COMMITTED TO THE LEGAL CUSTODY OF THE 6,783
DEPARTMENT UNTIL THE COURT PROVIDES TO THE DEPARTMENT THE 6,784
DOCUMENTS SPECIFIED IN THIS DIVISION. NO OFFICER OR EMPLOYEE OF 6,785
157
THE DEPARTMENT WHO REFUSES TO ACCEPT PHYSICAL CUSTODY OF A 6,786
DELINQUENT CHILD WHO IS COMMITTED TO THE LEGAL CUSTODY OF THE 6,787
DEPARTMENT SHALL BE SUBJECT TO PROSECUTION OR CONTEMPT OF COURT 6,788
FOR THE REFUSAL IF THE COURT FAILS TO PROVIDE THE DOCUMENTS 6,789
SPECIFIED IN THIS DIVISION AT THE TIME THE COURT TRANSFERS THE 6,790
PHYSICAL CUSTODY OF THE CHILD TO THE DEPARTMENT. 6,791
(2) WITHIN TWENTY WORKING DAYS AFTER THE DEPARTMENT OF 6,793
YOUTH SERVICES RECEIVES PHYSICAL CUSTODY OF A DELINQUENT CHILD 6,794
FROM A JUVENILE COURT, THE COURT SHALL PROVIDE THE DEPARTMENT 6,795
WITH A CERTIFIED COPY OF THE CHILD'S BIRTH CERTIFICATE AND THE 6,796
CHILD'S SOCIAL SECURITY NUMBER OR, IF THE COURT MADE ALL 6,797
REASONABLE EFFORTS TO OBTAIN THE INFORMATION BUT WAS 6,798
UNSUCCESSFUL, WITH DOCUMENTATION OF THE EFFORTS IT MADE TO OBTAIN 6,799
THE INFORMATION.
(D)(1) WITHIN TEN DAYS AFTER COMPLETION OF AN ADJUDICATION 6,801
THAT A CHILD IS A DELINQUENT CHILD, THE COURT SHALL GIVE WRITTEN 6,802
NOTICE OF THE ADJUDICATION TO THE SUPERINTENDENT OF A CITY, 6,803
LOCAL, EXEMPTED VILLAGE, OR JOINT VOCATIONAL SCHOOL DISTRICT IF 6,804
THE BASIS OF THE ADJUDICATION WAS THE COMMISSION OF AN ACT THAT 6,805
WOULD BE A CRIMINAL OFFENSE IF COMMITTED BY AN ADULT, IF THE ACT 6,806
WAS COMMITTED BY THE DELINQUENT CHILD WHEN THE CHILD WAS SIXTEEN 6,807
YEARS OF AGE OR OLDER, AND IF THE ACT IS ANY OF THE FOLLOWING: 6,808
(a) A VIOLATION OF SECTION 2923.122 OF THE REVISED CODE 6,811
THAT RELATES TO PROPERTY OWNED OR CONTROLLED BY, OR TO AN
ACTIVITY HELD UNDER THE AUSPICES OF, THE BOARD OF EDUCATION OF 6,813
THAT SCHOOL DISTRICT; 6,814
(b) A VIOLATION OF SECTION 2923.12 OF THE REVISED CODE OR 6,817
OF A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE THAT WAS COMMITTED 6,818
ON PROPERTY OWNED OR CONTROLLED BY, OR AT AN ACTIVITY HELD UNDER
THE AUSPICES OF, THE BOARD OF EDUCATION OF THAT SCHOOL DISTRICT; 6,819
(c) A VIOLATION OF DIVISION (A) OF SECTION 2925.03 OR 6,821
2925.11 OF THE REVISED CODE THAT WAS COMMITTED ON PROPERTY OWNED 6,823
OR CONTROLLED BY, OR AT AN ACTIVITY HELD UNDER THE AUSPICES OF, 6,824
THE BOARD OF EDUCATION OF THAT SCHOOL DISTRICT AND THAT IS NOT A 6,825
158
MINOR DRUG POSSESSION OFFENSE; 6,826
(d) A VIOLATION OF SECTION 2903.01, 2903.02, 2903.03, 6,828
2903.04, 2903.11, 2903.12, 2907.02, OR 2907.05 OF THE REVISED 6,829
CODE, OR A VIOLATION OF FORMER SECTION 2907.12 OF THE REVISED 6,831
CODE, THAT WAS COMMITTED ON PROPERTY OWNED OR CONTROLLED BY, OR
AT AN ACTIVITY HELD UNDER THE AUSPICES OF, THE BOARD OF EDUCATION 6,832
OF THAT SCHOOL DISTRICT, IF THE VICTIM AT THE TIME OF THE 6,833
COMMISSION OF THE ACT WAS AN EMPLOYEE OF THE BOARD OF EDUCATION 6,834
OF THAT SCHOOL DISTRICT;
(e) AN ACT THAT WOULD BE A CRIMINAL OFFENSE IF COMMITTED 6,836
BY AN ADULT AND THAT RESULTS IN SERIOUS PHYSICAL HARM TO PERSONS 6,837
OR SERIOUS PHYSICAL HARM TO PROPERTY WHILE THE CHILD IS AT 6,839
SCHOOL, ON ANY OTHER PROPERTY OWNED OR CONTROLLED BY THE BOARD, 6,840
OR AT AN INTERSCHOLASTIC COMPETITION, AN EXTRACURRICULAR EVENT, 6,841
OR ANY OTHER SCHOOL PROGRAM OR ACTIVITY;
(f) COMPLICITY IN ANY VIOLATION DESCRIBED IN DIVISION 6,844
(D)(1)(a), (b), (c), (d), OR (e) OF THIS SECTION THAT WAS ALLEGED 6,846
TO HAVE BEEN COMMITTED IN THE MANNER DESCRIBED IN DIVISION 6,848
(D)(1)(a), (b), (c), (d), OR (e) OF THIS SECTION, REGARDLESS OF 6,849
WHETHER THE ACT OF COMPLICITY WAS COMMITTED ON PROPERTY OWNED OR 6,850
CONTROLLED BY, OR AT AN ACTIVITY HELD UNDER THE AUSPICES OF, THE 6,851
BOARD OF EDUCATION OF THAT SCHOOL DISTRICT. 6,852
(2) WITHIN FOURTEEN DAYS AFTER COMMITTING A DELINQUENT 6,854
CHILD TO THE CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES, THE 6,855
COURT SHALL GIVE NOTICE TO THE SCHOOL ATTENDED BY THE CHILD OF 6,856
THE CHILD'S COMMITMENT BY SENDING TO THAT SCHOOL A COPY OF THE 6,857
COURT'S JOURNAL ENTRY ORDERING THE COMMITMENT. AS SOON AS 6,858
POSSIBLE AFTER RECEIPT OF THE NOTICE DESCRIBED IN THIS DIVISION, 6,859
THE SCHOOL SHALL PROVIDE THE DEPARTMENT WITH THE CHILD'S SCHOOL 6,860
TRANSCRIPT. HOWEVER, THE DEPARTMENT SHALL NOT REFUSE TO ACCEPT A 6,861
CHILD COMMITTED TO IT, AND A CHILD COMMITTED TO IT SHALL NOT BE 6,862
HELD IN A COUNTY OR DISTRICT DETENTION HOME, BECAUSE OF A 6,863
SCHOOL'S FAILURE TO PROVIDE THE SCHOOL TRANSCRIPT THAT IT IS 6,864
REQUIRED TO PROVIDE UNDER THIS DIVISION.
159
(3) WITHIN FOURTEEN DAYS AFTER RELEASING A CHILD FROM AN 6,866
INSTITUTION UNDER ITS CONTROL, THE DEPARTMENT OF YOUTH SERVICES 6,867
SHALL PROVIDE THE COURT AND THE SCHOOL WITH AN UPDATED COPY OF 6,868
THE CHILD'S SCHOOL TRANSCRIPT AND A SUMMARY OF THE INSTITUTIONAL 6,869
RECORD OF THE CHILD. THE DEPARTMENT ALSO SHALL PROVIDE THE COURT 6,870
WITH A COPY OF ANY PORTION OF THE CHILD'S INSTITUTIONAL RECORD 6,872
THAT THE COURT SPECIFICALLY REQUESTS, WITHIN FIVE WORKING DAYS OF 6,873
THE REQUEST.
(E) AT ANY HEARING AT WHICH A CHILD IS ADJUDICATED A 6,875
DELINQUENT CHILD OR AS SOON AS POSSIBLE AFTER THE HEARING, THE 6,876
COURT SHALL NOTIFY ALL VICTIMS OF THE DELINQUENT ACT WHO MAY BE 6,877
ENTITLED TO A RECOVERY UNDER ANY OF THE FOLLOWING SECTIONS OF THE 6,878
RIGHT OF THE VICTIMS TO RECOVER, PURSUANT TO SECTION 3109.09 OF 6,879
THE REVISED CODE, COMPENSATORY DAMAGES FROM THE CHILD'S PARENTS; 6,880
OF THE RIGHT OF THE VICTIMS TO RECOVER, PURSUANT TO SECTION 6,882
3109.10 OF THE REVISED CODE, COMPENSATORY DAMAGES FROM THE 6,884
CHILD'S PARENTS FOR WILLFUL AND MALICIOUS ASSAULTS COMMITTED BY 6,885
THE CHILD; AND OF THE RIGHT OF THE VICTIMS TO RECOVER AN AWARD OF 6,886
REPARATIONS PURSUANT TO SECTIONS 2743.51 TO 2743.72 OF THE 6,887
REVISED CODE.
Sec. 2152.19. (A) IF A CHILD IS ADJUDICATED A DELINQUENT 6,889
CHILD FOR AN ACT THAT WOULD BE A FELONY OR A MISDEMEANOR IF 6,890
COMMITTED BY AN ADULT, THE COURT SHALL MAKE THE ORDER OF 6,891
DISPOSITION DESCRIBED IN DIVISION (B) OF THIS SECTION, WHEN AN 6,892
ORDER OF THAT TYPE IS REQUIRED BY THAT DIVISION, AND MAY MAKE ANY 6,893
OF THE FOLLOWING ORDERS OF DISPOSITION, IN ADDITION TO ANY OTHER 6,895
DISPOSITION AUTHORIZED OR REQUIRED BY THIS CHAPTER: 6,896
(1) ANY ORDER THAT IS AUTHORIZED BY SECTION 2151.353 OF 6,898
THE REVISED CODE FOR AN ABUSED, NEGLECTED, OR DEPENDENT CHILD; 6,900
(2) COMMIT THE CHILD TO THE TEMPORARY CUSTODY OF ANY 6,902
SCHOOL, CAMP, INSTITUTION, OR OTHER FACILITY OPERATED FOR THE 6,903
CARE OF DELINQUENT CHILDREN BY THE COUNTY, BY A DISTRICT 6,904
ORGANIZED UNDER SECTION 2152.41 OR 2151.65 OF THE REVISED CODE, 6,905
OR BY A PRIVATE AGENCY OR ORGANIZATION, WITHIN OR WITHOUT THE 6,906
160
STATE, THAT IS AUTHORIZED AND QUALIFIED TO PROVIDE THE CARE, 6,907
TREATMENT, OR PLACEMENT REQUIRED;
(3) PLACE THE CHILD ON COMMUNITY CONTROL UNDER ANY 6,909
SANCTIONS, SERVICES, AND CONDITIONS THAT THE COURT PRESCRIBES. 6,910
AS A CONDITION OF COMMUNITY CONTROL IN EVERY CASE AND IN ADDITION 6,911
TO ANY OTHER CONDITION THAT IT IMPOSES UPON THE CHILD, THE COURT 6,912
SHALL REQUIRE THE CHILD TO ABIDE BY THE LAW DURING THE PERIOD OF 6,913
COMMUNITY CONTROL. AS REFERRED TO IN THIS DIVISION, COMMUNITY 6,914
CONTROL INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING SANCTIONS 6,915
AND CONDITIONS:
(a) A PERIOD OF BASIC PROBATION SUPERVISION IN WHICH THE 6,917
CHILD IS REQUIRED TO MAINTAIN CONTACT WITH A PERSON APPOINTED TO 6,918
SUPERVISE THE CHILD IN ACCORDANCE WITH SANCTIONS IMPOSED BY THE 6,920
COURT;
(b) A PERIOD OF INTENSIVE PROBATION SUPERVISION IN WHICH 6,922
THE CHILD IS REQUIRED TO MAINTAIN FREQUENT CONTACT WITH A PERSON 6,923
APPOINTED BY THE COURT TO SUPERVISE THE CHILD WHILE THE CHILD IS 6,925
SEEKING OR MAINTAINING EMPLOYMENT AND PARTICIPATING IN TRAINING, 6,926
EDUCATION, AND TREATMENT PROGRAMS AS THE ORDER OF DISPOSITION; 6,927
(c) A PERIOD OF DAY REPORTING IN WHICH THE CHILD IS 6,929
REQUIRED EACH DAY TO REPORT TO AND LEAVE A CENTER OR ANOTHER 6,930
APPROVED REPORTING LOCATION AT SPECIFIED TIMES IN ORDER TO 6,932
PARTICIPATE IN WORK, EDUCATION OR TRAINING, TREATMENT, AND OTHER 6,933
APPROVED PROGRAMS AT THE CENTER OR OUTSIDE THE CENTER; 6,934
(d) A PERIOD OF COMMUNITY SERVICE OF UP TO FIVE HUNDRED 6,936
HOURS FOR AN ACT THAT WOULD BE A FELONY OR A MISDEMEANOR OF THE 6,937
FIRST DEGREE IF COMMITTED BY AN ADULT, UP TO TWO HUNDRED HOURS 6,939
FOR AN ACT THAT WOULD BE A MISDEMEANOR OF THE SECOND, THIRD, OR 6,940
FOURTH DEGREE IF COMMITTED BY AN ADULT, OR UP TO THIRTY HOURS FOR 6,941
AN ACT THAT WOULD BE A MINOR MISDEMEANOR IF COMMITTED BY AN 6,942
ADULT;
(e) A REQUIREMENT THAT THE CHILD OBTAIN A HIGH SCHOOL 6,944
DIPLOMA, A CERTIFICATE OF HIGH SCHOOL EQUIVALENCE, VOCATIONAL 6,945
TRAINING, OR EMPLOYMENT; 6,946
161
(f) A PERIOD OF DRUG AND ALCOHOL USE MONITORING; 6,948
(g) A REQUIREMENT OF ALCOHOL OR DRUG ASSESSMENT OR 6,950
COUNSELING, OR A PERIOD IN AN ALCOHOL OR DRUG TREATMENT PROGRAM 6,951
WITH A LEVEL OF SECURITY FOR THE CHILD AS DETERMINED NECESSARY BY 6,953
THE COURT;
(h) A PERIOD IN WHICH THE COURT ORDERS THE CHILD TO 6,955
OBSERVE A CURFEW THAT MAY INVOLVE DAYTIME OR EVENING HOURS; 6,956
(i) A REQUIREMENT THAT THE CHILD SERVE MONITORED TIME; 6,958
(j) A PERIOD OF HOUSE ARREST WITH OR WITHOUT ELECTRONIC 6,960
MONITORING; 6,961
(k) A PERIOD OF ELECTRONIC MONITORING WITHOUT HOUSE ARREST 6,963
OR ELECTRONICALLY MONITORED HOUSE ARREST THAT DOES NOT EXCEED THE 6,964
MAXIMUM SENTENCE OF IMPRISONMENT THAT COULD BE IMPOSED UPON AN 6,966
ADULT WHO COMMITS THE SAME ACT.
A PERIOD OF ELECTRONICALLY MONITORED HOUSE ARREST IMPOSED 6,968
UNDER THIS DIVISION SHALL NOT EXTEND BEYOND THE CHILD'S 6,969
EIGHTEENTH BIRTHDAY OR, IF THE CHILD IS SUBJECT TO EXTENDED 6,970
JUVENILE JURISDICTION UNDER THIS CHAPTER, BEYOND THE CHILD'S 6,971
TWENTY-FIFTH BIRTHDAY. IF A COURT IMPOSES A PERIOD OF 6,972
ELECTRONICALLY MONITORED HOUSE ARREST UPON A CHILD UNDER THIS 6,973
DIVISION, IT SHALL REQUIRE THE CHILD: TO WEAR, OTHERWISE HAVE 6,974
ATTACHED TO THE CHILD'S PERSON, OR OTHERWISE BE SUBJECT TO 6,975
MONITORING BY A CERTIFIED ELECTRONIC MONITORING DEVICE OR TO 6,976
PARTICIPATE IN THE OPERATION OF AND MONITORING BY A CERTIFIED 6,977
ELECTRONIC MONITORING SYSTEM; TO REMAIN IN THE CHILD'S HOME OR 6,978
OTHER SPECIFIED PREMISES FOR THE ENTIRE PERIOD OF ELECTRONICALLY 6,979
MONITORED HOUSE ARREST EXCEPT WHEN THE COURT PERMITS THE CHILD TO 6,980
LEAVE THOSE PREMISES TO GO TO SCHOOL OR TO OTHER SPECIFIED 6,981
PREMISES; TO BE MONITORED BY A CENTRAL SYSTEM THAT CAN DETERMINE 6,982
THE CHILD'S LOCATION AT DESIGNATED TIMES; TO REPORT PERIODICALLY 6,983
TO A PERSON DESIGNATED BY THE COURT; AND TO ENTER INTO A WRITTEN 6,984
CONTRACT WITH THE COURT AGREEING TO COMPLY WITH ALL REQUIREMENTS 6,985
IMPOSED BY THE COURT, AGREEING TO PAY ANY FEE IMPOSED BY THE 6,986
COURT FOR THE COSTS OF THE ELECTRONICALLY MONITORED HOUSE ARREST, 6,987
162
AND AGREEING TO WAIVE THE RIGHT TO RECEIVE CREDIT FOR ANY TIME 6,988
SERVED ON ELECTRONICALLY MONITORED HOUSE ARREST TOWARD THE PERIOD 6,989
OF ANY OTHER DISPOSITIONAL ORDER IMPOSED UPON THE CHILD IF THE 6,990
CHILD VIOLATES ANY OF THE REQUIREMENTS OF THE DISPOSITIONAL ORDER 6,991
OF ELECTRONICALLY MONITORED HOUSE ARREST. THE COURT ALSO MAY 6,992
IMPOSE OTHER REASONABLE REQUIREMENTS UPON THE CHILD.
A CHILD SHALL NOT RECEIVE CREDIT FOR ANY TIME SERVED ON 6,994
ELECTRONICALLY MONITORED HOUSE ARREST TOWARD ANY OTHER 6,995
DISPOSITIONAL ORDER IMPOSED UPON THE CHILD FOR THE ACT FOR WHICH 6,996
WAS IMPOSED THE DISPOSITIONAL ORDER OF ELECTRONICALLY MONITORED 6,997
HOUSE ARREST.
(l) IF THE CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 6,999
COMMITTING AN ACT THAT WOULD BE A MISDEMEANOR OTHER THAN A MINOR 7,000
MISDEMEANOR IF COMMITTED BY AN ADULT, A COMMITMENT OF THE CHILD 7,001
TO THE LEGAL CUSTODY OF THE DETENTION HOME OR DETENTION CENTER 7,003
THAT SERVES THE COUNTY FOR UP TO SIXTY DAYS, IN ADDITION TO ANY 7,004
OTHER DISPOSITION AUTHORIZED OR REQUIRED BY THIS CHAPTER. IF THE 7,005
CHILD WAS HELD IN DETENTION UNDER SECTION 2152.04 OF THE REVISED
CODE IN RELATION TO THE CHARGE FOR WHICH THE DISPOSITION WAS 7,006
MADE, THE COURT SHALL CREDIT THE TIME SO SPENT IN DETENTION FOR 7,007
EVALUATION AGAINST ANY COMMITMENT TO A DETENTION HOME OR CENTER 7,008
MADE UNDER THIS DIVISION. IF THE EVALUATION TIME UNDER SECTION 7,009
2152.04 OF THE REVISED CODE WAS ORDERED AFTER THE DETENTION UNDER 7,010
THE COMMITMENT MADE UNDER THIS DIVISION, THE TIME SO SPENT IN 7,011
EVALUATION SHALL BE CREDITED AGAINST THE PERIOD OF THE COMMITMENT 7,012
MADE UNDER THIS DIVISION.
(m) A SUSPENSION OF THE DRIVER'S LICENSE, PROBATIONARY 7,014
DRIVER'S LICENSE, OR TEMPORARY INSTRUCTION PERMIT ISSUED TO THE 7,015
CHILD OR A SUSPENSION OF THE REGISTRATION OF ALL MOTOR VEHICLES 7,017
REGISTERED IN THE NAME OF THE CHILD. A CHILD WHOSE LICENSE OR 7,018
PERMIT IS SO SUSPENDED IS INELIGIBLE FOR ISSUANCE OF A LICENSE OR 7,019
PERMIT DURING THE PERIOD OF SUSPENSION. AT THE END OF THE PERIOD 7,020
OF SUSPENSION, THE CHILD SHALL NOT BE REISSUED A LICENSE OR 7,021
PERMIT UNTIL THE CHILD HAS PAID ANY APPLICABLE REINSTATEMENT FEE 7,022
163
AND COMPLIED WITH ALL REQUIREMENTS GOVERNING LICENSE 7,023
REINSTATEMENT.
(4) COMMIT THE CHILD TO THE TEMPORARY OR PERMANENT CUSTODY 7,025
OF THE COURT; 7,026
(5) MAKE ANY FURTHER DISPOSITION THAT THE COURT FINDS 7,028
PROPER, EXCEPT THAT THE CHILD SHALL NOT BE PLACED IN ANY OF THE 7,029
FOLLOWING:
(a) A STATE CORRECTIONAL INSTITUTION, A COUNTY, 7,031
MULTICOUNTY, OR MUNICIPAL JAIL OR WORKHOUSE, OR ANOTHER PLACE IN 7,032
WHICH AN ADULT CONVICTED OF A CRIME, UNDER ARREST, OR CHARGED 7,033
WITH A CRIME IS HELD; 7,034
(b) A COMMUNITY CORRECTIONS FACILITY, IF THE CHILD WOULD 7,036
BE COVERED BY THE DEFINITION OF PUBLIC SAFETY BEDS FOR PURPOSES 7,037
OF SECTIONS 5139.41 TO 5139.45 OF THE REVISED CODE IF THE COURT 7,038
EXERCISED ITS AUTHORITY TO COMMIT THE CHILD TO THE LEGAL CUSTODY 7,039
OF THE DEPARTMENT OF YOUTH SERVICES FOR INSTITUTIONALIZATION OR 7,041
INSTITUTIONALIZATION IN A SECURE FACILITY PURSUANT TO THIS
CHAPTER.
(B) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD, THE 7,043
COURT, IN THE FOLLOWING SITUATIONS, SHALL SUSPEND THE CHILD'S 7,044
TEMPORARY INSTRUCTION PERMIT, RESTRICTED LICENSE, PROBATIONARY 7,045
DRIVER'S LICENSE, OR NONRESIDENT OPERATING PRIVILEGE, OR SUSPEND 7,046
THE CHILD'S ABILITY TO OBTAIN SUCH A PERMIT: 7,047
(1) THE CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 7,049
VIOLATING SECTION 2923.122 OF THE REVISED CODE, WITH THE 7,050
SUSPENSION AND DENIAL BEING IN ACCORDANCE WITH DIVISION 7,051
(E)(1)(a), (c), (d), OR (e) OF SECTION 2923.122 OF THE REVISED 7,053
CODE.
(2) THE CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 7,055
COMMITTING AN ACT THAT IF COMMITTED BY AN ADULT WOULD BE A DRUG 7,056
ABUSE OFFENSE OR FOR VIOLATING DIVISION (B) OF SECTION 2917.11 OF 7,058
THE REVISED CODE, WITH THE SUSPENSION BEING FOR A PERIOD OF TIME 7,059
PRESCRIBED BY THE COURT OR, AT THE DISCRETION OF THE COURT, UNTIL 7,061
THE CHILD ATTENDS AND SATISFACTORILY COMPLETES A DRUG ABUSE OR 7,062
164
ALCOHOL ABUSE EDUCATION, INTERVENTION, OR TREATMENT PROGRAM 7,063
SPECIFIED BY THE COURT. DURING THE TIME THE CHILD IS ATTENDING 7,064
THE PROGRAM, THE COURT SHALL RETAIN ANY TEMPORARY INSTRUCTION 7,065
PERMIT, PROBATIONARY DRIVER'S LICENSE, OR DRIVER'S LICENSE ISSUED 7,066
TO THE CHILD, AND THE COURT SHALL RETURN THE PERMIT OR LICENSE
WHEN THE CHILD SATISFACTORILY COMPLETES THE PROGRAM. 7,067
(C) THE COURT MAY ESTABLISH A VICTIM-OFFENDER MEDIATION 7,069
PROGRAM IN WHICH VICTIMS AND THEIR OFFENDERS MEET TO DISCUSS THE 7,070
OFFENSE AND SUGGEST POSSIBLE RESTITUTION. IF THE COURT OBTAINS 7,071
THE ASSENT OF THE VICTIM OF THE DELINQUENT ACT COMMITTED BY THE 7,072
CHILD, THE COURT SHALL REQUIRE THE CHILD TO PARTICIPATE IN THE 7,073
PROGRAM.
(D)(1) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 7,075
COMMITTING AN ACT THAT IS A SEXUALLY ORIENTED OFFENSE, IN 7,077
ADDITION TO ANY ORDER OF DISPOSITION IT MAKES FOR THE CHILD UNDER 7,078
THIS CHAPTER, THE COURT MAY MAKE ANY DETERMINATION, ADJUDICATION, 7,079
OR ORDER AUTHORIZED UNDER CHAPTER 2950. OF THE REVISED CODE AND 7,080
SHALL MAKE ANY DETERMINATION, ADJUDICATION, OR ORDER REQUIRED 7,081
UNDER THAT CHAPTER. HOWEVER, THE COURT SHALL NOT SUBJECT THE 7,082
CHILD TO THE NOTIFICATION PROVISIONS SET FORTH IN SECTION 2950.11 7,083
OF THE REVISED CODE UNLESS THE CHILD IS ADJUDICATED AS A SERIOUS 7,084
YOUTHFUL OFFENDER UNDER SECTION 2952.13 OF THE REVISED CODE AND
THE COURT DETERMINES AT A LATER HEARING CONDUCTED BEFORE THE END 7,086
OF THE JUVENILE PART OF THE SENTENCE THAT COMMUNITY NOTIFICATION 7,087
UNDER SECTION 2950.11 OF THE REVISED CODE IS WARRANTED. 7,088
(2) IF, AT A DISPOSITIONAL HEARING FOR A DELINQUENT ACT 7,090
THAT IS A SEXUALLY ORIENTED OFFENSE, A DETERMINATION IS MADE 7,091
REGARDING THE STATUS OF THE CHILD UNDER CHAPTER 2950. OF THE 7,092
REVISED CODE, THE COURT SHALL ADVISE THE CHILD AT THE 7,093
DISPOSITIONAL HEARING OF THE CHILD'S DUTY TO REGISTER UNDER 7,094
SECTION 2950.03 OF THE REVISED CODE AND OF THE REGISTRATION 7,095
REQUIREMENTS APPLICABLE TO THE CHILD UNDER SECTIONS 2950.04 TO 7,096
2950.07 OF THE REVISED CODE.
(E)(1) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 7,098
165
COMMITTING AN ACT THAT WOULD BE A FELONY IF COMMITTED BY AN ADULT 7,099
AND IF THE CHILD CAUSED, ATTEMPTED TO CAUSE, THREATENED TO CAUSE, 7,101
OR CREATED A RISK OF PHYSICAL HARM TO THE VICTIM OF THE ACT, THE 7,102
COURT, PRIOR TO ISSUING AN ORDER OF DISPOSITION UNDER THIS 7,103
SECTION, SHALL ORDER THE PREPARATION OF A VICTIM IMPACT STATEMENT 7,104
BY THE PROBATION DEPARTMENT OF THE COUNTY IN WHICH THE VICTIM OF 7,105
THE ACT RESIDES, BY THE COURT'S OWN PROBATION DEPARTMENT, OR BY A
VICTIM ASSISTANCE PROGRAM THAT IS OPERATED BY THE STATE, A 7,106
COUNTY, A MUNICIPAL CORPORATION, OR ANOTHER GOVERNMENTAL ENTITY. 7,107
THE COURT SHALL CONSIDER THE VICTIM IMPACT STATEMENT IN 7,108
DETERMINING THE ORDER OF DISPOSITION TO ISSUE FOR THE CHILD. 7,109
(2) EACH VICTIM IMPACT STATEMENT SHALL IDENTIFY THE VICTIM 7,111
OF THE ACT FOR WHICH THE CHILD WAS ADJUDICATED A DELINQUENT 7,112
CHILD, ITEMIZE ANY ECONOMIC LOSS SUFFERED BY THE VICTIM AS A 7,113
RESULT OF THE ACT, IDENTIFY ANY PHYSICAL INJURY SUFFERED BY THE 7,114
VICTIM AS A RESULT OF THE ACT AND THE SERIOUSNESS AND PERMANENCE 7,115
OF THE INJURY, IDENTIFY ANY CHANGE IN THE VICTIM'S PERSONAL 7,116
WELFARE OR FAMILIAL RELATIONSHIPS AS A RESULT OF THE ACT AND ANY 7,117
PSYCHOLOGICAL IMPACT EXPERIENCED BY THE VICTIM OR THE VICTIM'S 7,118
FAMILY AS A RESULT OF THE ACT, AND CONTAIN ANY OTHER INFORMATION 7,120
RELATED TO THE IMPACT OF THE ACT UPON THE VICTIM THAT THE COURT 7,121
REQUIRES.
(3) A VICTIM IMPACT STATEMENT SHALL BE KEPT CONFIDENTIAL 7,123
AND IS NOT A PUBLIC RECORD. HOWEVER, THE COURT MAY FURNISH 7,124
COPIES OF THE STATEMENT TO THE DEPARTMENT OF YOUTH SERVICES IF 7,125
THE DELINQUENT CHILD IS COMMITTED TO THE DEPARTMENT OR TO BOTH 7,126
THE ADJUDICATED DELINQUENT CHILD OR THE ADJUDICATED DELINQUENT 7,127
CHILD'S COUNSEL AND THE PROSECUTING ATTORNEY. THE COPY OF A 7,128
VICTIM IMPACT STATEMENT FURNISHED BY THE COURT TO THE DEPARTMENT 7,129
PURSUANT TO THIS SECTION SHALL BE KEPT CONFIDENTIAL AND IS NOT A 7,130
PUBLIC RECORD. THE COPIES OF A VICTIM IMPACT STATEMENT THAT ARE 7,131
MADE AVAILABLE TO THE ADJUDICATED DELINQUENT CHILD OR THE
ADJUDICATED DELINQUENT CHILD'S COUNSEL AND THE PROSECUTING 7,132
ATTORNEY PURSUANT TO THIS DIVISION SHALL BE RETURNED TO THE COURT 7,133
166
BY THE PERSON TO WHOM THEY WERE MADE AVAILABLE IMMEDIATELY 7,134
FOLLOWING THE IMPOSITION OF AN ORDER OF DISPOSITION FOR THE CHILD 7,135
UNDER THIS CHAPTER.
(4) THE DEPARTMENT OF YOUTH SERVICES SHALL WORK WITH LOCAL 7,137
PROBATION DEPARTMENTS AND VICTIM ASSISTANCE PROGRAMS TO DEVELOP A 7,138
STANDARD VICTIM IMPACT STATEMENT. 7,139
(F)(1) DURING THE PERIOD OF A DELINQUENT CHILD'S COMMUNITY 7,141
CONTROL GRANTED UNDER THIS SECTION, AUTHORIZED PROBATION OFFICERS 7,142
WHO ARE ENGAGED WITHIN THE SCOPE OF THEIR SUPERVISORY DUTIES OR 7,144
RESPONSIBILITIES MAY SEARCH, WITH OR WITHOUT A WARRANT, THE
PERSON OF THE DELINQUENT CHILD, THE PLACE OF RESIDENCE OF THE 7,145
DELINQUENT CHILD, AND A MOTOR VEHICLE, ANOTHER ITEM OF TANGIBLE 7,146
OR INTANGIBLE PERSONAL PROPERTY, OR OTHER REAL PROPERTY IN WHICH 7,147
THE DELINQUENT CHILD HAS A RIGHT, TITLE, OR INTEREST OR FOR WHICH 7,148
THE DELINQUENT CHILD HAS THE EXPRESS OR IMPLIED PERMISSION OF A 7,149
PERSON WITH A RIGHT, TITLE, OR INTEREST TO USE, OCCUPY, OR 7,150
POSSESS IF THE PROBATION OFFICERS HAVE REASONABLE GROUNDS TO 7,151
BELIEVE THAT THE DELINQUENT CHILD IS NOT ABIDING BY THE LAW OR 7,152
OTHERWISE IS NOT COMPLYING WITH THE CONDITIONS OF THE DELINQUENT 7,153
CHILD'S COMMUNITY CONTROL. THE COURT THAT PLACES A DELINQUENT 7,154
CHILD ON COMMUNITY CONTROL UNDER THIS SECTION SHALL PROVIDE THE 7,155
DELINQUENT CHILD WITH A WRITTEN NOTICE THAT INFORMS THE 7,156
DELINQUENT CHILD THAT AUTHORIZED PROBATION OFFICERS WHO ARE
ENGAGED WITHIN THE SCOPE OF THEIR SUPERVISORY DUTIES OR 7,157
RESPONSIBILITIES MAY CONDUCT THOSE TYPES OF SEARCHES DURING THE 7,158
PERIOD OF COMMUNITY CONTROL IF THEY HAVE REASONABLE GROUNDS TO 7,159
BELIEVE THAT THE DELINQUENT CHILD IS NOT ABIDING BY THE LAW OR 7,160
OTHERWISE IS NOT COMPLYING WITH THE CONDITIONS OF THE DELINQUENT 7,161
CHILD'S COMMUNITY CONTROL. THE COURT ALSO SHALL PROVIDE THE 7,162
WRITTEN NOTICE DESCRIBED IN DIVISION (F)(2)(b) OF THIS SECTION TO 7,163
EACH PARENT, GUARDIAN, OR CUSTODIAN OF THE DELINQUENT CHILD WHO 7,164
IS DESCRIBED IN THAT DIVISION. 7,166
(2) THE COURT THAT PLACES A CHILD ON COMMUNITY CONTROL 7,168
UNDER THIS SECTION SHALL PROVIDE THE CHILD'S PARENT, GUARDIAN, OR 7,169
167
OTHER CUSTODIAN WITH A WRITTEN NOTICE THAT INFORMS THEM THAT 7,170
AUTHORIZED PROBATION OFFICERS MAY CONDUCT SEARCHES PURSUANT TO 7,171
DIVISION (F)(1) OF THIS SECTION. THE NOTICE SHALL SPECIFICALLY 7,172
STATE THAT A PERMISSIBLE SEARCH MIGHT EXTEND TO A MOTOR VEHICLE, 7,173
ANOTHER ITEM OF TANGIBLE OR INTANGIBLE PERSONAL PROPERTY, OR A 7,174
PLACE OF RESIDENCE OR OTHER REAL PROPERTY IN WHICH A NOTIFIED 7,175
PARENT, GUARDIAN, OR CUSTODIAN HAS A RIGHT, TITLE, OR INTEREST 7,176
AND THAT THE PARENT, GUARDIAN, OR CUSTODIAN EXPRESSLY OR 7,177
IMPLIEDLY PERMITS THE CHILD TO USE, OCCUPY, OR POSSESS. 7,178
Sec. 2152.20. (A) IF A CHILD IS ADJUDICATED A DELINQUENT 7,180
CHILD OR A JUVENILE TRAFFIC OFFENDER, THE COURT MAY ORDER ANY OF 7,181
THE FOLLOWING DISPOSITIONS, IN ADDITION TO ANY OTHER DISPOSITION 7,182
AUTHORIZED OR REQUIRED BY THIS CHAPTER: 7,183
(1) IMPOSE A FINE IN ACCORDANCE WITH THE FOLLOWING 7,185
SCHEDULE:
(a) FOR AN ACT THAT WOULD BE A MINOR MISDEMEANOR OR AN 7,187
UNCLASSIFIED MISDEMEANOR IF COMMITTED BY AN ADULT, A FINE NOT TO 7,188
EXCEED FIFTY DOLLARS; 7,189
(b) FOR AN ACT THAT WOULD BE A MISDEMEANOR OF THE FOURTH 7,191
DEGREE IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED ONE HUNDRED 7,192
DOLLARS; 7,193
(c) FOR AN ACT THAT WOULD BE A MISDEMEANOR OF THE THIRD 7,195
DEGREE IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED ONE HUNDRED 7,196
FIFTY DOLLARS; 7,197
(d) FOR AN ACT THAT WOULD BE A MISDEMEANOR OF THE SECOND 7,199
DEGREE IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED TWO HUNDRED 7,200
DOLLARS; 7,201
(e) FOR AN ACT THAT WOULD BE A MISDEMEANOR OF THE FIRST 7,203
DEGREE IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED TWO HUNDRED 7,204
FIFTY DOLLARS; 7,205
(f) FOR AN ACT THAT WOULD BE A FELONY OF THE FIFTH DEGREE 7,207
OR AN UNCLASSIFIED FELONY IF COMMITTED BY AN ADULT, A FINE NOT TO 7,208
EXCEED THREE HUNDRED DOLLARS; 7,209
(g) FOR AN ACT THAT WOULD BE A FELONY OF THE FOURTH DEGREE 7,211
168
IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED FOUR HUNDRED 7,212
DOLLARS;
(h) FOR AN ACT THAT WOULD BE A FELONY OF THE THIRD DEGREE 7,214
IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED FIVE HUNDRED 7,215
DOLLARS;
(i) FOR AN ACT THAT WOULD BE A FELONY OF THE SECOND DEGREE 7,217
IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED ONE THOUSAND 7,218
DOLLARS;
(j) FOR AN ACT THAT WOULD BE A FELONY OF THE FIRST DEGREE 7,220
IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED ONE THOUSAND FIVE 7,221
HUNDRED DOLLARS; 7,222
(k) FOR AN ACT THAT WOULD BE AGGRAVATED MURDER OR MURDER 7,224
IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED TWO THOUSAND 7,225
DOLLARS.
(2) REQUIRE THE CHILD TO PAY COSTS; 7,227
(3) REQUIRE THE CHILD TO MAKE RESTITUTION TO THE VICTIM OF 7,229
THE CHILD'S DELINQUENT ACT OR, IF THE VICTIM IS DECEASED, TO A 7,230
SURVIVOR OF THE VICTIM IN AN AMOUNT BASED UPON THE VICTIM'S 7,231
ECONOMIC LOSS CAUSED BY OR RELATED TO THE DELINQUENT ACT. 7,232
RESTITUTION REQUIRED UNDER THIS DIVISION SHALL BE MADE DIRECTLY 7,233
TO THE VICTIM IN OPEN COURT OR TO THE PROBATION DEPARTMENT THAT 7,234
SERVES THE JURISDICTION OR THE CLERK OF COURTS ON BEHALF OF THE 7,235
VICTIM. THE RESTITUTION MAY INCLUDE REIMBURSEMENT TO THIRD 7,236
PARTIES, OTHER THAN THE DELINQUENT CHILD'S INSURER, FOR AMOUNTS 7,237
PAID TO THE VICTIM OR TO ANY SURVIVOR OF THE VICTIM FOR ECONOMIC 7,238
LOSS RESULTING FROM THE DELINQUENT ACT. IF REIMBURSEMENT TO A 7,239
THIRD PARTY IS REQUIRED, THE REIMBURSEMENT SHALL BE MADE TO ANY 7,240
GOVERNMENTAL AGENCY TO REPAY ANY AMOUNTS THE AGENCY PAID TO THE 7,241
VICTIM OR ANY SURVIVOR OF THE VICTIM BEFORE ANY REIMBURSEMENT IS 7,242
MADE TO ANY OTHER PERSON.
RESTITUTION REQUIRED UNDER THIS DIVISION MAY BE IN THE FORM 7,244
OF A CASH REIMBURSEMENT PAID IN A LUMP SUM OR IN INSTALLMENTS, 7,245
THE PERFORMANCE OF REPAIR WORK TO RESTORE ANY DAMAGED PROPERTY TO 7,246
ITS ORIGINAL CONDITION, THE PERFORMANCE OF A REASONABLE AMOUNT OF 7,247
169
LABOR FOR THE VICTIM OR SURVIVOR OF THE VICTIM, THE PERFORMANCE 7,248
OF COMMUNITY SERVICE WORK, ANY OTHER FORM OF RESTITUTION DEVISED 7,249
BY THE COURT, OR ANY COMBINATION OF THE PREVIOUSLY DESCRIBED 7,250
FORMS OF RESTITUTION. 7,251
THE COURT MAY BASE THE RESTITUTION ORDER UNDER THIS 7,253
DIVISION ON AN AMOUNT RECOMMENDED BY THE VICTIM OR SURVIVOR OF 7,254
THE VICTIM, THE DELINQUENT CHILD, A PRESENTENCE INVESTIGATION 7,255
REPORT, ESTIMATES OR RECEIPTS INDICATING THE COST OF REPAIRING OR 7,256
REPLACING PROPERTY, AND ANY OTHER INFORMATION. IF THE AMOUNT OF 7,257
THE RESTITUTION IS DISPUTED BY THE VICTIM OR SURVIVOR OR BY THE 7,258
DELINQUENT CHILD, THE COURT SHALL HOLD A HEARING ON THE 7,259
RESTITUTION. THE COURT SHALL DETERMINE, OR ORDER THE 7,260
DETERMINATION OF, THE AMOUNT OF RESTITUTION TO BE PAID BY THE 7,261
DELINQUENT CHILD. ALL RESTITUTION PAYMENTS SHALL BE CREDITED 7,262
AGAINST ANY RECOVERY OF ECONOMIC LOSS IN A CIVIL ACTION BROUGHT 7,263
BY OR ON BEHALF OF THE VICTIM AGAINST THE DELINQUENT CHILD OR THE 7,264
DELINQUENT CHILD'S PARENT, GUARDIAN, OR OTHER CUSTODIAN. 7,265
THE COURT MAY ORDER THAT THE DELINQUENT CHILD PAY A 7,267
SURCHARGE, IN AN AMOUNT NOT EXCEEDING FIVE PER CENT OF THE AMOUNT 7,268
OF RESTITUTION OTHERWISE ORDERED UNDER THIS DIVISION, TO THE 7,269
ENTITY RESPONSIBLE FOR COLLECTING AND PROCESSING THE RESTITUTION 7,270
PAYMENTS.
THE VICTIM OR THE SURVIVOR OF THE VICTIM MAY REQUEST THAT 7,272
THE PROSECUTING AUTHORITY FILE A MOTION, OR THE DELINQUENT CHILD 7,273
MAY FILE A MOTION, FOR MODIFICATION OF THE PAYMENT TERMS OF ANY 7,274
RESTITUTION ORDERED UNDER THIS DIVISION, BASED ON A SUBSTANTIAL 7,275
CHANGE IN THE DELINQUENT CHILD'S ABILITY TO PAY. 7,276
(4) REQUIRE THE CHILD TO REIMBURSE ANY OR ALL OF THE COSTS 7,278
INCURRED FOR SERVICES OR SANCTIONS PROVIDED OR IMPOSED, 7,279
INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: 7,280
(a) ALL OR PART OF THE COSTS OF IMPLEMENTING ANY COMMUNITY 7,282
CONTROL IMPOSED AS A DISPOSITION UNDER SECTION 2152.19 OF THE 7,283
REVISED CODE, INCLUDING A SUPERVISION FEE; 7,284
(b) ALL OR PART OF THE COSTS OF CONFINEMENT IN A 7,286
170
RESIDENTIAL FACILITY DESCRIBED IN SECTION 2152.19 OF THE REVISED 7,287
CODE OR IN A DEPARTMENT OF YOUTH SERVICES INSTITUTION, INCLUDING, 7,288
BUT NOT LIMITED TO, A PER DIEM FEE FOR ROOM AND BOARD, THE COSTS 7,289
OF MEDICAL AND DENTAL TREATMENT PROVIDED, AND THE COSTS OF 7,290
REPAIRING PROPERTY THE DELINQUENT CHILD DAMAGED WHILE SO 7,291
CONFINED. THE AMOUNT OF REIMBURSEMENT ORDERED FOR A CHILD UNDER 7,292
THIS DIVISION SHALL NOT EXCEED TEN THOUSAND DOLLARS PER YEAR OR 7,293
THE TOTAL AMOUNT OF REIMBURSEMENT THE CHILD IS ABLE TO PAY. THE 7,294
COURT MAY COLLECT ANY REIMBURSEMENT ORDERED UNDER THIS DIVISION. 7,295
IF THE COURT DOES NOT ORDER REIMBURSEMENT UNDER THIS DIVISION, 7,296
CONFINEMENT COSTS MAY BE ASSESSED PURSUANT TO A REPAYMENT POLICY 7,297
ADOPTED UNDER DIVISION (E) OF SECTION 307.93, DIVISION (A) OF 7,298
SECTION 341.06, DIVISION (D) OF SECTION 341.23, OR DIVISION (C) 7,299
OF SECTION 753.02, 753.04, 2301.56, OR 2947.19 OF THE REVISED 7,301
CODE.
(B)(1) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 7,303
VIOLATING SECTION 2923.32 OF THE REVISED CODE, THE COURT SHALL 7,304
ENTER AN ORDER OF CRIMINAL FORFEITURE AGAINST THE CHILD IN 7,305
ACCORDANCE WITH DIVISIONS (B)(3), (4), (5), AND (6) AND (C) TO 7,306
(F) OF SECTION 2923.32 OF THE REVISED CODE. 7,308
(2) SECTIONS 2925.41 TO 2925.45 OF THE REVISED CODE APPLY 7,311
TO CHILDREN WHO ARE ADJUDICATED OR COULD BE ADJUDICATED BY A
JUVENILE COURT TO BE DELINQUENT CHILDREN FOR AN ACT THAT, IF 7,312
COMMITTED BY AN ADULT, WOULD BE A FELONY DRUG ABUSE OFFENSE. 7,313
SUBJECT TO DIVISION (B) OF SECTION 2925.42 AND DIVISION (E) OF 7,314
SECTION 2925.43 OF THE REVISED CODE, A DELINQUENT CHILD OF THAT 7,316
NATURE LOSES ANY RIGHT TO THE POSSESSION OF, AND FORFEITS TO THE 7,317
STATE ANY RIGHT, TITLE, AND INTEREST THAT THE DELINQUENT CHILD
MAY HAVE IN, PROPERTY AS DEFINED IN SECTION 2925.41 OF THE 7,318
REVISED CODE AND FURTHER DESCRIBED IN SECTION 2925.42 OR 2925.43 7,319
OF THE REVISED CODE. 7,320
(3) SECTIONS 2923.44 TO 2923.47 OF THE REVISED CODE APPLY 7,323
TO CHILDREN WHO ARE ADJUDICATED OR COULD BE ADJUDICATED BY A
JUVENILE COURT TO BE DELINQUENT CHILDREN FOR AN ACT IN VIOLATION 7,324
171
OF SECTION 2923.42 OF THE REVISED CODE. SUBJECT TO DIVISION (B) 7,325
OF SECTION 2923.44 AND DIVISION (E) OF SECTION 2923.45 OF THE 7,327
REVISED CODE, A DELINQUENT CHILD OF THAT NATURE LOSES ANY RIGHT
TO THE POSSESSION OF, AND FORFEITS TO THE STATE ANY RIGHT, TITLE, 7,328
AND INTEREST THAT THE DELINQUENT CHILD MAY HAVE IN, PROPERTY AS 7,330
DEFINED IN SECTION 2923.41 OF THE REVISED CODE AND FURTHER 7,331
DESCRIBED IN SECTION 2923.44 OR 2923.45 OF THE REVISED CODE. 7,332
(C) THE COURT MAY HOLD A HEARING IF NECESSARY TO DETERMINE 7,334
WHETHER A CHILD IS ABLE TO PAY A SANCTION UNDER THIS SECTION. 7,335
(D) IF A CHILD WHO IS ADJUDICATED A DELINQUENT CHILD IS 7,337
INDIGENT, THE COURT SHALL CONSIDER IMPOSING A TERM OF COMMUNITY 7,338
SERVICE UNDER DIVISION (A) OF SECTION 2152.19 OF THE REVISED CODE 7,339
IN LIEU OF IMPOSING A FINANCIAL SANCTION UNDER THIS SECTION. IF 7,340
A CHILD WHO IS ADJUDICATED A DELINQUENT CHILD IS NOT INDIGENT, 7,341
THE COURT MAY IMPOSE A TERM OF COMMUNITY SERVICE UNDER THAT 7,342
DIVISION IN LIEU OF, OR IN ADDITION TO, IMPOSING A FINANCIAL 7,343
SANCTION UNDER THIS SECTION. THE COURT MAY ORDER COMMUNITY 7,344
SERVICE FOR AN ACT THAT IF COMMITTED BY AN ADULT WOULD BE A MINOR 7,345
MISDEMEANOR.
IF A CHILD FAILS TO PAY A FINANCIAL SANCTION IMPOSED UNDER 7,347
THIS SECTION, THE COURT MAY IMPOSE A TERM OF COMMUNITY SERVICE IN 7,348
LIEU OF THE SANCTION. 7,349
(E) THE CLERK OF THE COURT, OR ANOTHER PERSON AUTHORIZED 7,351
BY LAW OR BY THE COURT TO COLLECT A FINANCIAL SANCTION IMPOSED 7,352
UNDER THIS SECTION, MAY DO ANY OF THE FOLLOWING: 7,353
(1) ENTER INTO CONTRACTS WITH ONE OR MORE PUBLIC AGENCIES 7,355
OR PRIVATE VENDORS FOR THE COLLECTION OF THE AMOUNTS DUE UNDER 7,356
THE FINANCIAL SANCTION; 7,357
(2) PERMIT PAYMENT OF ALL, OR ANY PORTION OF, THE 7,359
FINANCIAL SANCTION IN INSTALLMENTS, BY CREDIT OR DEBIT CARD, BY 7,360
ANOTHER TYPE OF ELECTRONIC TRANSFER, OR BY ANY OTHER REASONABLE 7,361
METHOD, WITHIN ANY PERIOD OF TIME, AND ON ANY TERMS THAT THE 7,362
COURT CONSIDERS JUST, EXCEPT THAT THE MAXIMUM TIME PERMITTED FOR 7,363
PAYMENT SHALL NOT EXCEED FIVE YEARS. THE CLERK MAY PAY ANY FEE 7,364
172
ASSOCIATED WITH PROCESSING AN ELECTRONIC TRANSFER OUT OF PUBLIC 7,365
MONEY OR MAY CHARGE THE FEE TO THE DELINQUENT CHILD. 7,366
(3) TO DEFRAY ADMINISTRATIVE COSTS, CHARGE A REASONABLE 7,368
FEE TO A CHILD WHO ELECTS A PAYMENT PLAN RATHER THAN A LUMP SUM 7,369
PAYMENT OF A FINANCIAL SANCTION. 7,370
Sec. 2151.356 2152.21. (A) Unless division (C) of this 7,379
section applies, if a child is adjudicated a juvenile traffic 7,380
offender, the court may make any of the following orders of 7,381
disposition:
(1) Impose a fine and costs in accordance with the 7,383
schedule set forth in section 2151.3512 2152.20 of the Revised 7,384
Code;
(2) Suspend the child's driver's license, probationary 7,386
driver's license, or temporary instruction permit or the 7,388
registration of all motor vehicles registered in the name of the 7,389
child for the A DEFINITE period that the court prescribes OF 7,390
THREE MONTHS TO TWO YEARS. A child whose license or permit is so 7,391
suspended is ineligible for issuance of a license or permit 7,392
during the period of suspension. At the end of the period of
suspension, the child shall not be reissued a license or permit 7,393
until the child has paid any applicable reinstatement fee and 7,395
complied with all requirements governing license reinstatement. 7,396
(3) Revoke the child's driver's license, probationary 7,398
driver's license, or temporary instruction permit or the 7,399
registration of all motor vehicles registered in the name of the 7,401
child. A child whose license or permit is so revoked is 7,402
ineligible for issuance of a license or permit during the period 7,403
of revocation. At the end of the period of revocation, the child 7,404
shall not be reissued a license or permit until the child has 7,406
paid any applicable reinstatement fee and complied with all
requirements governing license reinstatement. 7,407
(4) Place the child on probation COMMUNITY CONTROL; 7,409
(5)(4) Require the child to make restitution for all 7,411
damages caused by the child's traffic violation or any part of 7,412
173
the damages; 7,413
(6)(5)(a) If the child is adjudicated a juvenile traffic 7,415
offender for committing a violation of division (A) of section 7,417
4511.19 of the Revised Code or of a municipal ordinance that is 7,418
substantially comparable EQUIVALENT to that division, commit the 7,419
child, for not longer than five days, to EITHER OF THE FOLLOWING: 7,420
(i) TO the temporary custody of a detention home or 7,423
district detention home established under section 2151.34 2152.41 7,424
of the Revised Code, or to PROVIDED THE CHILD IS KEPT SEPARATE 7,425
AND APART FROM ALLEGED DELINQUENT CHILDREN; 7,426
(ii) TO the temporary custody of any school, camp, 7,429
institution, or other facility for children operated in whole or 7,430
in part for the care of juvenile traffic offenders of that nature 7,431
by the county, by a district organized under section 2151.34 7,432
2152.41 or 2151.65 of the Revised Code, or by a private agency or 7,434
organization within the state that is authorized and qualified to 7,435
provide the care, treatment, or placement required. If
(b) IF an order of disposition committing a child to the 7,438
temporary custody of a home, school, camp, institution, or other 7,439
facility of that nature is made under division (A)(6)(5)(a) of 7,440
this section, the length of the commitment shall not be reduced 7,442
or diminished as a credit for any time that the child was held in 7,443
a place of detention or shelter care, or otherwise was detained, 7,444
prior to entry of the order of disposition.
(7)(6) If, after making a disposition under divisions 7,446
(A)(1) to (6)(5) of this section, the court finds upon further 7,447
hearing that the child has failed to comply with the orders of 7,448
the court and the child's operation of a motor vehicle 7,449
constitutes the child a danger to the child and to others, the 7,451
court may make any disposition authorized by divisions (A)(1), 7,452
(A)(2)(3), (A)(7) to (A)(10)(4), and (A)(21)(5) of section 7,454
2151.355 2152.19 of the Revised Code, except that the child may 7,455
not be committed to or placed in a secure correctional facility 7,456
unless authorized by division (A)(6)(5) of this section, and 7,457
174
commitment to or placement in a detention home may not exceed 7,459
twenty-four hours.
(B) If a child is adjudicated a juvenile traffic offender 7,461
for violating division (A) of section 4511.19 of the Revised 7,463
Code, the court shall suspend or revoke the temporary instruction 7,464
permit, probationary driver's license, or driver's license issued 7,466
to the child for a period of time prescribed by the court or, at 7,467
the discretion of the court, until the child attends and 7,468
satisfactorily completes a drug abuse or alcohol abuse education, 7,469
intervention, or treatment program specified by the court.
During the time the child is attending the program, the court 7,470
shall retain any temporary instruction permit, probationary 7,471
driver's license, or driver's license issued to the child and 7,472
shall return the permit or license when the child satisfactorily 7,474
completes the program. If a child is adjudicated a juvenile 7,475
traffic offender for violating division (B) of section 4511.19 of 7,476
the Revised Code, the court shall suspend the temporary 7,477
instruction permit, probationary driver's license, or driver's 7,478
license issued to the child for a DEFINITE period of not less 7,480
than sixty days nor more than THREE MONTHS TO two years. 7,481
(C) If a child is adjudicated a juvenile traffic offender 7,483
for violating division (B)(1) or (2) of section 4513.263 of the 7,485
Revised Code, the court shall impose the appropriate fine set
forth in section 4513.99 of the Revised Code. If a child is 7,486
adjudicated a juvenile traffic offender for violating division 7,488
(B)(3) of section 4513.263 of the Revised Code and if the child 7,489
is sixteen years of age or older, the court shall impose the fine 7,490
set forth in division (G) of section 4513.99 of the Revised Code. 7,491
If a child is adjudicated a juvenile traffic offender for 7,492
violating division (B)(3) of section 4513.263 of the Revised Code 7,493
and if the child is under sixteen years of age, the court shall 7,494
not impose a fine but may place the child on probation. 7,495
(D) A juvenile traffic offender is subject to sections 7,497
4509.01 to 4509.78 of the Revised Code. 7,498
175
Sec. 2152.22. (A) WHEN A CHILD IS COMMITTED TO THE LEGAL 7,500
CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES, THE JURISDICTION OF 7,501
THE JUVENILE COURT WITH RESPECT TO THE CHILD SO COMMITTED SHALL 7,502
TERMINATE AT THE TIME OF COMMITMENT, EXCEPT AS PROVIDED IN 7,503
DIVISIONS (B), (C), AND (G) OF THIS SECTION. SUBJECT TO 7,505
DIVISIONS (B) AND (C) OF THIS SECTION, SECTIONS 2151.353 AND 7,506
2151.411 TO 2151.421 OF THE REVISED CODE, AND ANY OTHER PROVISION 7,507
OF LAW THAT SPECIFIES A DIFFERENT DURATION FOR A DISPOSITIONAL 7,508
ORDER, ALL OTHER DISPOSITIONAL ORDERS MADE BY THE COURT SHALL BE
TEMPORARY AND SHALL CONTINUE FOR A PERIOD THAT IS DESIGNATED BY 7,510
THE COURT IN ITS ORDER, UNTIL TERMINATED OR MODIFIED BY THE COURT 7,511
OR UNTIL EITHER THE CHILD ATTAINS TWENTY-ONE YEARS OF AGE OR, IF 7,512
THE CHILD IS COMMITTED FOR EXTENDED JUVENILE JURISDICTION UNDER 7,513
SECTION 2152.13 OR 2152.15 OF THE REVISED CODE, THE CHILD ATTAINS 7,514
TWENTY-FIVE YEARS OF AGE. 7,515
THE RELEASE AUTHORITY OF THE DEPARTMENT SHALL NOT RELEASE 7,517
THE CHILD FROM A DEPARTMENT FACILITY AND AS A RESULT SHALL NOT 7,518
DISCHARGE THE CHILD OR ORDER THE CHILD'S RELEASE ON SUPERVISED 7,519
RELEASE PRIOR TO THE EXPIRATION OF THE PERIOD OF JUDICIAL CONTROL 7,520
OVER THE CHILD OR PRIOR TO THE CHILD'S ATTAINMENT OF TWENTY-ONE 7,521
OR TWENTY-FIVE YEARS OF AGE, WHICHEVER IS APPLICABLE UNDER THE 7,522
ORDER OF COMMITMENT, EXCEPT UPON THE ORDER OF A COURT PURSUANT TO 7,523
DIVISION (B) OR (C) OF THIS SECTION OR IN ACCORDANCE WITH SECTION 7,524
5139.54 OF THE REVISED CODE. 7,525
(B)(1) THE COURT THAT COMMITS A DELINQUENT CHILD TO THE 7,527
DEPARTMENT MAY GRANT JUDICIAL RELEASE OF THE CHILD TO COURT 7,528
SUPERVISION UNDER THIS DIVISION, DURING ANY OF THE FOLLOWING 7,529
PERIODS OF TIME THAT ARE APPLICABLE: 7,530
(a) IF THE CHILD WAS GIVEN A TRADITIONAL JUVENILE 7,532
DISPOSITION UNDER SECTION 2152.16 OF THE REVISED CODE, AT ANY 7,533
TIME DURING THE FIRST NINETY DAYS OF THE PERIOD OF JUDICIAL 7,534
CONTROL OVER THE CHILD; 7,535
(b) IF THE CHILD WAS GIVEN EXTENDED JUVENILE JURISDICTION 7,537
UNDER SECTION 2152.13 OR 2152.15 OF THE REVISED CODE, AT ANY TIME 7,538
176
DURING THE FIRST ONE HUNDRED EIGHTY DAYS OF THE PERIOD OF 7,539
JUDICIAL CONTROL OVER THE CHILD; 7,540
(c) IF THE CHILD WAS COMMITTED TO THE DEPARTMENT UNTIL THE 7,542
CHILD ATTAINS TWENTY-ONE YEARS OF AGE, AT ANY TIME DURING THE 7,543
FIRST HALF OF THE PRESCRIBED PERIOD OF THAT COMMITMENT OF THE 7,545
CHILD.
(2) IF THE DEPARTMENT OF YOUTH SERVICES DESIRES TO RELEASE 7,547
A CHILD DURING A PERIOD SPECIFIED IN DIVISION (B)(1) OF THIS 7,548
SECTION, IT SHALL REQUEST THE COURT THAT COMMITTED THE CHILD TO 7,549
GRANT A JUDICIAL RELEASE OF THE CHILD TO COURT SUPERVISION. 7,550
DURING WHICHEVER OF THOSE PERIODS IS APPLICABLE, THE CHILD OR THE 7,551
PARENTS OF THE CHILD ALSO MAY REQUEST THAT COURT TO GRANT A 7,552
JUDICIAL RELEASE OF THE CHILD TO COURT SUPERVISION. UPON RECEIPT 7,553
OF A REQUEST FOR A JUDICIAL RELEASE TO COURT SUPERVISION FROM THE 7,554
DEPARTMENT, THE CHILD, OR THE CHILD'S PARENT, OR UPON ITS OWN 7,555
MOTION, THE COURT THAT COMMITTED THE CHILD SHALL DO ONE OF THE 7,556
FOLLOWING: APPROVE THE RELEASE BY JOURNAL ENTRY; SCHEDULE WITHIN 7,557
THIRTY DAYS AFTER THE REQUEST IS RECEIVED A TIME FOR A HEARING ON 7,558
WHETHER THE CHILD IS TO BE RELEASED; OR REJECT THE REQUEST BY 7,559
JOURNAL ENTRY WITHOUT CONDUCTING A HEARING.
IF THE COURT REJECTS AN INITIAL REQUEST FOR A RELEASE UNDER 7,561
THIS DIVISION BY THE CHILD OR THE CHILD'S PARENT, THE CHILD OR 7,562
THE CHILD'S PARENT MAY MAKE ONE ADDITIONAL REQUEST FOR A JUDICIAL 7,563
RELEASE TO COURT SUPERVISION WITHIN THE APPLICABLE PERIOD. THE 7,564
ADDITIONAL REQUEST MAY BE MADE NO EARLIER THAN THIRTY DAYS AFTER 7,565
THE FILING OF THE PRIOR REQUEST FOR A JUDICIAL RELEASE TO COURT 7,566
SUPERVISION. UPON THE FILING OF A SECOND REQUEST FOR A JUDICIAL 7,567
RELEASE TO COURT SUPERVISION, THE COURT SHALL EITHER APPROVE OR
DISAPPROVE THE RELEASE BY JOURNAL ENTRY OR SCHEDULE WITHIN THIRTY 7,568
DAYS AFTER THE REQUEST IS RECEIVED A TIME FOR A HEARING ON 7,569
WHETHER THE CHILD IS TO BE RELEASED. 7,570
(3) IF A COURT SCHEDULES A HEARING UNDER DIVISION (B)(2) 7,572
OF THIS SECTION, IT MAY ORDER THE DEPARTMENT TO DELIVER THE CHILD 7,573
TO THE COURT ON THE DATE SET FOR THE HEARING AND MAY ORDER THE 7,574
177
DEPARTMENT TO PRESENT TO THE COURT A REPORT ON THE CHILD'S 7,575
PROGRESS IN THE INSTITUTION TO WHICH THE CHILD WAS COMMITTED AND 7,576
RECOMMENDATIONS FOR CONDITIONS OF SUPERVISION OF THE CHILD BY THE 7,577
COURT AFTER RELEASE. THE COURT MAY CONDUCT THE HEARING WITHOUT 7,578
THE CHILD BEING PRESENT. THE COURT SHALL DETERMINE AT THE 7,579
HEARING WHETHER THE CHILD SHOULD BE GRANTED A JUDICIAL RELEASE TO 7,580
COURT SUPERVISION.
IF THE COURT APPROVES THE RELEASE, IT SHALL ORDER ITS STAFF 7,582
TO PREPARE A WRITTEN TREATMENT AND REHABILITATION PLAN FOR THE 7,583
CHILD THAT MAY INCLUDE ANY CONDITIONS OF THE CHILD'S RELEASE THAT 7,584
WERE RECOMMENDED BY THE DEPARTMENT AND APPROVED BY THE COURT. 7,585
THE COMMITTING COURT SHALL SEND THE JUVENILE COURT OF THE COUNTY 7,586
IN WHICH THE CHILD IS PLACED A COPY OF THE RECOMMENDED PLAN. THE 7,587
COURT OF THE COUNTY IN WHICH THE CHILD IS PLACED MAY ADOPT THE 7,588
RECOMMENDED CONDITIONS SET BY THE COMMITTING COURT AS AN ORDER OF 7,589
THE COURT AND MAY ADD ANY ADDITIONAL CONSISTENT CONDITIONS IT 7,590
CONSIDERS APPROPRIATE. IF A CHILD IS GRANTED A JUDICIAL RELEASE 7,591
TO COURT SUPERVISION, THE RELEASE DISCHARGES THE CHILD FROM THE 7,592
CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES. 7,593
(C)(1) THE COURT THAT COMMITS A DELINQUENT CHILD TO THE 7,595
DEPARTMENT MAY GRANT JUDICIAL RELEASE OF THE CHILD TO DEPARTMENT 7,596
OF YOUTH SERVICES SUPERVISION UNDER THIS DIVISION, DURING ANY OF 7,598
THE FOLLOWING PERIODS OF TIME THAT ARE APPLICABLE:
(a) IF THE CHILD WAS GIVEN A TRADITIONAL JUVENILE 7,600
DISPOSITION UNDER SECTION 2152.16 OF THE REVISED CODE, AT ANY 7,601
TIME DURING THE PERIOD OF JUDICIAL CONTROL OVER THE CHILD, 7,602
PROVIDED THAT AT LEAST NINETY DAYS OF JUDICIAL CONTROL HAVE 7,603
ELAPSED;
(b) IF THE CHILD WAS GIVEN EXTENDED JUVENILE JURISDICTION 7,605
UNDER SECTION 2152.13 OR 2152.15 OF THE REVISED CODE, AT ANY TIME 7,606
DURING THE PERIOD OF JUDICIAL CONTROL OVER THE CHILD, PROVIDED 7,607
THAT AT LEAST ONE HUNDRED EIGHTY DAYS OF JUDICIAL CONTROL HAVE 7,608
ELAPSED;
(c) IF THE CHILD WAS COMMITTED TO THE DEPARTMENT UNTIL THE 7,610
178
CHILD ATTAINS TWENTY-ONE YEARS OF AGE, AT ANY TIME DURING THE 7,611
SECOND HALF OF THE PRESCRIBED PERIOD OF THAT COMMITMENT OF THE 7,613
CHILD.
(2) IF THE DEPARTMENT OF YOUTH SERVICES DESIRES TO RELEASE 7,615
A CHILD DURING A PERIOD SPECIFIED IN DIVISION (C)(1) OF THIS 7,616
SECTION, IT SHALL REQUEST THE COURT THAT COMMITTED THE CHILD TO 7,617
GRANT A JUDICIAL EARLY RELEASE TO DEPARTMENT OF YOUTH SERVICES 7,618
SUPERVISION. DURING WHICHEVER OF THOSE PERIODS IS APPLICABLE, 7,619
THE CHILD OR THE CHILD'S PARENT ALSO MAY REQUEST THE COURT THAT 7,620
COMMITTED THE CHILD TO GRANT A JUDICIAL RELEASE TO DEPARTMENT OF 7,621
YOUTH SERVICES SUPERVISION. UPON RECEIPT OF A REQUEST FOR 7,622
JUDICIAL RELEASE TO DEPARTMENT OF YOUTH SERVICES SUPERVISION, THE 7,623
CHILD, OR THE CHILD'S PARENT, OR UPON ITS OWN MOTION AT ANY TIME 7,624
DURING THAT PERIOD, THE COURT SHALL DO ONE OF THE FOLLOWING: 7,625
APPROVE THE RELEASE BY JOURNAL ENTRY; SCHEDULE A TIME WITHIN 7,626
THIRTY DAYS AFTER RECEIPT OF THE REQUEST FOR A HEARING ON WHETHER 7,627
THE CHILD IS TO BE RELEASED; OR REJECT THE REQUEST BY JOURNAL 7,628
ENTRY WITHOUT CONDUCTING A HEARING.
IF THE COURT REJECTS AN INITIAL REQUEST FOR RELEASE UNDER 7,630
THIS DIVISION BY THE CHILD OR THE CHILD'S PARENT, THE CHILD OR 7,631
THE CHILD'S PARENT MAY MAKE ONE OR MORE SUBSEQUENT REQUESTS FOR A 7,632
RELEASE WITHIN THE APPLICABLE PERIOD, BUT MAY MAKE NO MORE THAN 7,633
ONE REQUEST DURING EACH PERIOD OF NINETY DAYS THAT THE CHILD IS 7,635
IN A SECURE DEPARTMENT FACILITY AFTER THE FILING OF A PRIOR 7,636
REQUEST FOR EARLY RELEASE. UPON THE FILING OF A REQUEST FOR 7,637
RELEASE UNDER THIS DIVISION SUBSEQUENT TO AN INITIAL REQUEST, THE 7,638
COURT SHALL EITHER APPROVE OR DISAPPROVE THE RELEASE BY JOURNAL 7,639
ENTRY OR SCHEDULE A TIME WITHIN THIRTY DAYS AFTER RECEIPT OF THE 7,640
REQUEST FOR A HEARING ON WHETHER THE CHILD IS TO BE RELEASED. 7,641
(3) IF A COURT SCHEDULES A HEARING UNDER DIVISION (C)(2) 7,643
OF THIS SECTION, IT MAY ORDER THE DEPARTMENT TO DELIVER THE CHILD 7,644
TO THE COURT ON THE DATE SET FOR THE HEARING AND SHALL ORDER THE
DEPARTMENT TO PRESENT TO THE COURT AT THAT TIME A TREATMENT PLAN 7,645
FOR THE CHILD'S POST-INSTITUTIONAL CARE. THE COURT MAY CONDUCT 7,646
179
THE HEARING WITHOUT THE CHILD BEING PRESENT. THE COURT SHALL 7,647
DETERMINE AT THE HEARING WHETHER THE CHILD SHOULD BE GRANTED A 7,648
JUDICIAL RELEASE TO DEPARTMENT OF YOUTH SERVICES SUPERVISION. 7,649
IF THE COURT APPROVES THE JUDICIAL RELEASE TO DEPARTMENT OF 7,651
YOUTH SERVICES SUPERVISION, THE DEPARTMENT SHALL PREPARE A 7,652
WRITTEN TREATMENT AND REHABILITATION PLAN FOR THE CHILD PURSUANT 7,653
TO DIVISION (E) OF THIS SECTION THAT SHALL INCLUDE THE CONDITIONS 7,654
OF THE CHILD'S RELEASE. IT SHALL SEND THE COMMITTING COURT AND 7,655
THE JUVENILE COURT OF THE COUNTY IN WHICH THE CHILD IS PLACED A 7,656
COPY OF THE PLAN. THE COURT OF THE COUNTY IN WHICH THE CHILD IS 7,657
PLACED MAY ADOPT THE CONDITIONS SET BY THE DEPARTMENT AS AN ORDER 7,658
OF THE COURT AND MAY ADD ANY ADDITIONAL CONSISTENT CONDITIONS IT 7,659
CONSIDERS APPROPRIATE, PROVIDED THAT THE COURT MAY NOT ADD ANY 7,660
CONDITION THAT DECREASES THE LEVEL OR DEGREE OF SUPERVISION 7,661
SPECIFIED BY THE DEPARTMENT IN ITS PLAN, THAT SUBSTANTIALLY 7,662
INCREASES THE FINANCIAL BURDEN OF SUPERVISION THAT WILL BE
EXPERIENCED BY THE DEPARTMENT, OR THAT ALTERS THE PLACEMENT 7,663
SPECIFIED BY THE DEPARTMENT IN ITS PLAN. IF THE COURT OF THE 7,664
COUNTY IN WHICH THE CHILD IS PLACED ADDS TO THE DEPARTMENT'S PLAN 7,665
ANY ADDITIONAL CONDITIONS, IT SHALL ENTER THOSE ADDITIONAL 7,666
CONDITIONS IN ITS JOURNAL AND SHALL SEND TO THE DEPARTMENT A COPY 7,667
OF THE JOURNAL ENTRY OF THE ADDITIONAL CONDITIONS. 7,668
IF THE COURT APPROVES THE JUDICIAL RELEASE TO DEPARTMENT OF 7,670
YOUTH SERVICES SUPERVISION, THE ACTUAL DATE ON WHICH THE 7,671
DEPARTMENT SHALL RELEASE THE CHILD IS CONTINGENT UPON THE 7,672
DEPARTMENT FINDING A SUITABLE PLACEMENT FOR THE CHILD. IF THE 7,673
CHILD IS TO BE RETURNED TO THE CHILD'S HOME, THE DEPARTMENT SHALL 7,674
RETURN THE CHILD ON THE DATE THAT THE COURT SCHEDULES FOR THE 7,675
CHILD'S RELEASE OR SHALL BEAR THE EXPENSE OF ANY ADDITIONAL TIME 7,676
THAT THE CHILD REMAINS IN A DEPARTMENT FACILITY. IF THE CHILD IS 7,677
UNABLE TO RETURN TO THE CHILD'S HOME, THE DEPARTMENT SHALL 7,678
EXERCISE REASONABLE DILIGENCE IN FINDING A SUITABLE PLACEMENT FOR 7,679
THE CHILD, AND THE CHILD SHALL REMAIN IN A DEPARTMENT FACILITY 7,680
WHILE THE DEPARTMENT FINDS THE SUITABLE PLACEMENT. 7,681
180
(D) IF A CHILD IS RELEASED UNDER DIVISION (B) OR (C) OF 7,684
THIS SECTION AND THE COURT OF THE COUNTY IN WHICH THE CHILD IS 7,685
PLACED HAS REASON TO BELIEVE THAT THE CHILD'S DEPORTMENT IS NOT 7,686
IN ACCORDANCE WITH THE CONDITIONS OF THE CHILD'S JUDICIAL 7,687
RELEASE, THE COURT OF THE COUNTY IN WHICH THE CHILD IS PLACED 7,688
SHALL SCHEDULE A TIME FOR A HEARING TO DETERMINE WHETHER THE 7,689
CHILD VIOLATED ANY OF THE POST-RELEASE CONDITIONS, AND, IF THE 7,690
CHILD WAS RELEASED UNDER DIVISION (C) OF THIS SECTION, DIVISIONS 7,691
(A) TO (E) OF SECTION 5139.52 OF THE REVISED CODE APPLY REGARDING 7,692
THE CHILD. 7,693
IF THAT COURT DETERMINES AT THE HEARING THAT THE CHILD 7,695
VIOLATED ANY OF THE POST-RELEASE CONDITIONS, THE COURT, IF IT 7,696
DETERMINES THAT THE VIOLATION WAS A SERIOUS VIOLATION, MAY ORDER 7,697
THE CHILD TO BE RETURNED TO THE DEPARTMENT FOR 7,698
INSTITUTIONALIZATION, CONSISTENT WITH THE ORIGINAL ORDER OF 7,699
COMMITMENT OF THE CHILD, OR IN ANY CASE MAY MAKE ANY OTHER 7,700
DISPOSITION OF THE CHILD AUTHORIZED BY LAW THAT THE COURT
CONSIDERS PROPER. IF THE COURT OF THE COUNTY IN WHICH THE CHILD 7,701
IS PLACED ORDERS THE CHILD TO BE RETURNED TO A DEPARTMENT OF
YOUTH SERVICES INSTITUTION, THE TIME DURING WHICH THE CHILD WAS 7,702
HELD IN A SECURE DEPARTMENT FACILITY PRIOR TO THE CHILD'S 7,703
JUDICIAL RELEASE SHALL BE CONSIDERED AS TIME SERVED IN FULFILLING 7,704
THE PRESCRIBED PERIOD OF INSTITUTIONALIZATION THAT IS APPLICABLE 7,705
TO THE CHILD UNDER THE CHILD'S ORIGINAL ORDER OF COMMITMENT. IF 7,706
THE COURT ORDERS THE CHILD RETURNED TO A DEPARTMENT INSTITUTION, 7,707
THE CHILD SHALL REMAIN IN INSTITUTIONAL CARE FOR A MINIMUM OF 7,708
THREE MONTHS OR UNTIL THE CHILD SUCCESSFULLY COMPLETES A 7,709
REVOCATION PROGRAM OF A DURATION OF NOT LESS THAN THIRTY DAYS 7,710
OPERATED EITHER BY THE DEPARTMENT OR BY AN ENTITY WITH WHICH THE 7,711
DEPARTMENT HAS CONTRACTED TO PROVIDE A REVOCATION PROGRAM. 7,712
(E) THE DEPARTMENT OF YOUTH SERVICES, PRIOR TO THE RELEASE 7,714
OF A CHILD PURSUANT TO DIVISION (C) OF THIS SECTION, SHALL DO ALL 7,715
OF THE FOLLOWING: 7,716
(1) AFTER REVIEWING THE CHILD'S REHABILITATIVE PROGRESS 7,718
181
HISTORY AND MEDICAL AND EDUCATIONAL RECORDS, PREPARE A WRITTEN 7,719
TREATMENT AND REHABILITATION PLAN FOR THE CHILD THAT INCLUDES 7,720
CONDITIONS OF THE RELEASE; 7,721
(2) COMPLETELY DISCUSS THE CONDITIONS OF THE PLAN PREPARED 7,723
PURSUANT TO DIVISION (E)(1) OF THIS SECTION AND THE POSSIBLE 7,724
PENALTIES FOR VIOLATION OF THE PLAN WITH THE CHILD AND THE 7,725
CHILD'S PARENTS, GUARDIAN, OR LEGAL CUSTODIAN; 7,726
(3) HAVE THE PLAN PREPARED PURSUANT TO DIVISION (E)(1) OF 7,728
THIS SECTION SIGNED BY THE CHILD, THE CHILD'S PARENTS, LEGAL 7,729
GUARDIAN, OR CUSTODIAN, AND ANY AUTHORITY OR PERSON THAT IS TO
SUPERVISE, CONTROL, AND PROVIDE SUPPORTIVE ASSISTANCE TO THE 7,730
CHILD AT THE TIME OF THE CHILD'S RELEASE PURSUANT TO DIVISION (C) 7,731
OF THIS SECTION; 7,732
(4) PRIOR TO THE CHILD'S RELEASE, FILE A COPY OF THE 7,734
TREATMENT PLAN PREPARED PURSUANT TO DIVISION (E)(1) OF THIS 7,735
SECTION WITH THE COMMITTING COURT AND THE JUVENILE COURT OF THE 7,736
COUNTY IN WHICH THE CHILD IS TO BE PLACED. 7,737
(F) THE DEPARTMENT OF YOUTH SERVICES SHALL FILE A WRITTEN 7,739
PROGRESS REPORT WITH THE COMMITTING COURT REGARDING EACH CHILD 7,740
RELEASED PURSUANT TO DIVISION (C) OF THIS SECTION AT LEAST ONCE 7,742
EVERY THIRTY DAYS UNLESS SPECIFICALLY DIRECTED OTHERWISE BY THE
COURT. THE REPORT SHALL INDICATE THE TREATMENT AND 7,744
REHABILITATIVE PROGRESS OF THE CHILD AND THE CHILD'S FAMILY, IF 7,745
APPLICABLE, AND SHALL INCLUDE ANY SUGGESTIONS FOR ALTERING THE 7,746
PROGRAM, CUSTODY, LIVING ARRANGEMENTS, OR TREATMENT. THE 7,747
DEPARTMENT SHALL RETAIN LEGAL CUSTODY OF A CHILD SO RELEASED 7,748
UNTIL IT DISCHARGES THE CHILD OR UNTIL THE CUSTODY IS TERMINATED 7,749
AS OTHERWISE PROVIDED BY LAW. 7,750
(G) WHEN A CHILD IS COMMITTED TO THE LEGAL CUSTODY OF THE 7,752
DEPARTMENT OF YOUTH SERVICES, THE COURT RETAINS JURISDICTION TO 7,753
PERFORM THE FUNCTIONS SPECIFIED IN SECTION 5139.51 OF THE REVISED 7,754
CODE WITH RESPECT TO THE GRANTING OF SUPERVISED RELEASE BY THE 7,756
RELEASE AUTHORITY AND TO PERFORM THE FUNCTIONS SPECIFIED IN 7,757
SECTION 5139.52 OF THE REVISED CODE WITH RESPECT TO VIOLATIONS OF 7,758
182
THE CONDITIONS OF SUPERVISED RELEASE GRANTED BY THE RELEASE 7,759
AUTHORITY AND TO THE REVOCATION OF SUPERVISED RELEASE GRANTED BY 7,760
THE RELEASE AUTHORITY. 7,761
Sec. 2151.312 2152.26. (A) Except as provided in 7,770
divisions (B) and (F) of this section, a child alleged to be or 7,772
adjudicated a delinquent child, an unruly child, or a juvenile 7,773
traffic offender may be held only in the following places: 7,774
(1) A certified family foster home or a home approved by 7,776
the court; 7,777
(2) A facility operated by a certified child welfare 7,779
agency; 7,780
(3) Any other suitable place designated by the court. 7,782
(B) In addition to the places listed in division (A) of 7,784
this section, a child alleged to be or adjudicated a delinquent 7,785
child may be held in a detention home or center for delinquent 7,786
children that is under the direction or supervision of the court 7,787
or other public authority or of a private agency and approved by 7,788
the court.
(C)(1) Except as provided under division (C)(1) of section 7,790
2151.311 of the Revised Code or division (A)(6)(5) of section 7,791
2151.356 2152.21 of the Revised Code, a child alleged to be or 7,794
adjudicated a neglected child, an abused child, a dependent 7,795
child, an unruly child, or a juvenile traffic offender may not be 7,796
held in any of the following facilities: 7,798
(a) A state correctional institution, county, multicounty, 7,801
or municipal jail or workhouse, or other place in which an adult 7,802
convicted of crime, under arrest, or charged with a crime is 7,803
held.
(b) A secure correctional facility. 7,805
(2) Except as provided under sections 2151.56 to 2151.61 7,807
and division (A)(6)(5) of section 2151.356 2152.21 of the Revised 7,809
Code and division (C)(3) of this section, a child alleged to be
or adjudicated an unruly child or a juvenile traffic offender may 7,811
not be held for more than twenty-four hours in a detention home. 7,812
183
A child alleged to be or adjudicated a neglected child, an abused 7,813
child, or a dependent child shall not be held in a detention
home.
(3) A child who is alleged to be or who is adjudicated an 7,815
unruly child and who is taken into custody on a Saturday, Sunday, 7,817
or legal holiday, as listed in section 1.14 of the Revised Code,
may be held in a detention home until the next succeeding day 7,818
that is not a Saturday, Sunday, or legal holiday. 7,819
(D) Except as provided in division (F) of this section or 7,821
in division (C) of section 2151.311, in division (C)(2) of 7,822
section 5139.06 and section 5120.162, or in division (B) of 7,824
section 5120.16 of the Revised Code, a child who is alleged to be 7,825
or is adjudicated a delinquent child may not be held in a state 7,826
correctional institution, county, multicounty, or municipal jail 7,827
or workhouse, or other place where an adult convicted of crime, 7,828
under arrest, or charged with crime is held. 7,829
(E) Unless the detention is pursuant to division (F) of 7,831
this section or division (C) of section 2151.311, division (C)(2) 7,833
of section 5139.06 and section 5120.162, or division (B) of 7,835
section 5120.16 of the Revised Code, the official in charge of 7,836
the institution, jail, workhouse, or other facility shall inform 7,837
the court immediately when a child, who is or appears to be under 7,838
the age of eighteen years, is received at the facility, and shall 7,839
deliver the child to the court upon request or transfer the child 7,840
to a detention facility designated by the court. 7,841
(F) If a case is transferred to another court for criminal 7,843
prosecution pursuant to section 2151.26 2152.12 of the Revised 7,844
Code, the child may be transferred for detention pending the 7,845
criminal prosecution in a jail or other facility in accordance 7,846
with the law governing the detention of persons charged with 7,847
crime. Any child so held shall be confined in a manner that 7,848
keeps the child beyond the range of touch of all adult detainees. 7,849
The child shall be supervised at all times during the detention. 7,850
Sec. 2151.34 2152.41. A child who is alleged to be or 7,859
184
adjudicated a delinquent child may be confined in a place of 7,862
juvenile detention for a period not to exceed ninety days, during 7,863
which time a social history may be prepared to include court 7,864
record, family history, personal history, school and attendance 7,865
records, and any other pertinent studies and material that will 7,866
be of assistance to the juvenile court in its disposition of the 7,867
charges against that juvenile offender.
Upon the advice and recommendation of the judge, the board 7,869
of county commissioners shall provide, by purchase, lease, 7,870
construction, or otherwise, a place to be known as a detention 7,871
home that shall be within a convenient distance of the juvenile 7,872
court and shall not be used for the confinement of adults charged 7,873
with criminal offenses and in which delinquent children may be 7,874
detained until final disposition. Upon the joint advice and 7,876
recommendation of the juvenile judges of two or more adjoining or 7,877
neighboring counties, the boards of county commissioners of the 7,878
counties shall form themselves into a joint board and proceed to 7,879
organize a district for the establishment and support of a 7,880
detention home for the use of the juvenile courts of those 7,881
counties, in which delinquent children may be detained until 7,882
final disposition, by using a site or buildings already 7,883
established in one of the counties or by providing for the 7,884
purchase of a site and the erection of the necessary buildings on 7,885
the site.
A child who is adjudicated to be a juvenile traffic 7,887
offender for having committed a violation of division (A) of 7,888
section 4511.19 of the Revised Code or of a municipal ordinance 7,889
that is substantially comparable to that division may be confined 7,890
in a detention home or district detention home pursuant to 7,891
division (A)(6) of section 2151.356 of the Revised Code, provided 7,892
the child is kept separate and apart from alleged delinquent 7,893
children
The county or district detention home shall be maintained 7,895
as provided in sections 2151.01 to 2151.54 CHAPTERS 2151. AND 7,897
185
2152. of the Revised Code. In any county in which there is no 7,898
detention home or that is not served by a district detention 7,899
home, the board of county commissioners shall provide funds for 7,900
the boarding of such children temporarily in private homes. 7,901
Children who are alleged to be or have been adjudicated 7,902
delinquent children may be detained after a complaint is filed in 7,903
the detention home AFTER A COMPLAINT IS FILED OR AFTER THE CHILD 7,904
IS INDICTED until final disposition of their cases or in 7,905
certified family foster homes or in any other home approved by 7,906
the court, if any are available, for a period not exceeding sixty 7,907
days or until final disposition of their cases, whichever comes 7,908
first. The court also may arrange with any public children 7,909
services agency or private child placing agency to receive, or 7,910
private noncustodial agency for temporary care of, the children 7,911
within the jurisdiction of the court. A district detention home 7,912
approved for such purpose by the department of youth services 7,913
under section 5139.281 of the Revised Code may receive children 7,914
committed to its temporary custody under section 2151.355 2152.19 7,915
of the Revised Code and provide the care, treatment, and training 7,916
required.
If a ANY detention home is established as an agency of the 7,919
court or a district detention home is established by the courts
of several counties as provided in UNDER this section, it shall 7,921
be furnished and carried on, as far as possible, as a family home
in charge UNDER THE DIRECTION of a superintendent or matron in a 7,922
nonpunitive neutral atmosphere. The judge OR JUDGES, or, FOR A 7,924
DISTRICT HOME, the directing board of a district detention THE 7,926
home, may SHALL appoint a THE superintendent, a matron, and. THE 7,927
SUPERINTENDENT MAY APPOINT other necessary employees for the home 7,928
and fix their salaries. During the school year, when possible, a 7,930
comparable educational program with competent and trained staff 7,931
shall be provided for those children of school age. A sufficient 7,932
number of trained recreational personnel shall be included among 7,933
the staff to assure wholesome and profitable leisure-time 7,934
186
activities. Medical and mental health services shall be made 7,935
available to ensure the courts all possible treatment facilities 7,936
shall be given to those children placed under their care. In the 7,937
case of a county detention home, the salaries shall be paid in 7,938
the same manner as is provided by section 2151.13 of the Revised 7,939
Code for other employees of the court, and the necessary expenses 7,940
incurred in maintaining the detention home shall be paid by the 7,941
county. In the case of a district detention home, the salaries 7,942
and the necessary expenses incurred in maintaining the district 7,943
detention home shall be paid as provided in sections 2151.341 to 7,944
2151.3415 of the Revised Code. 7,945
If the court arranges for the board of children temporarily 7,947
detained in family foster homes or arranges for the board of 7,948
those children through any private child placing agency, a 7,949
reasonable sum to be fixed by the court for the board of those 7,950
children shall be paid by the county. In order to have family 7,951
foster homes available for service, an agreed monthly subsidy may 7,952
be paid and a fixed rate per day for care of children actually 7,953
residing in the family foster home. 7,954
Sec. 2151.341 2152.42. (A) A board of county 7,963
commissioners that provides a detention home and the board of 7,965
trustees of a district detention home may make application to the 7,966
department of youth services under section 5139.281 of the
Revised Code for financial assistance in defraying the cost of 7,967
operating and maintaining the home. Such THE application shall 7,968
be made on forms prescribed and furnished by the department. The 7,969
joint boards of county commissioners of district detention homes 7,971
shall make annual assessments of taxes sufficient to support and
defray all necessary expenses of such home not paid from funds 7,972
made available under section 5139.281 of the Revised Code. 7,973
(B) WHEN ANY PERSON DONATES OR BEQUEATHS THE PERSON'S REAL 7,975
ESTATE OR ANY PART OF THE PERSON'S REAL ESTATE TO THE USE AND 7,976
BENEFIT OF A DISTRICT DETENTION HOME, THE BOARD OF TRUSTEES OF 7,978
THE HOME MAY ACCEPT AND USE THE DONATION OR BEQUEST IN THE MANNER 7,979
187
THAT THE BOARD DETERMINES TO BE FOR THE BEST INTEREST OF THE 7,980
INSTITUTION, AND CONSISTENT WITH THE CONDITIONS OF THE BEQUEST. 7,981
(C) THE BOARD OF COUNTY COMMISSIONERS OF EACH COUNTY THAT 7,983
PARTICIPATES IN THE ESTABLISHMENT OF A DISTRICT DETENTION HOME 7,984
MAY APPLY TO THE DEPARTMENT OF YOUTH SERVICES FOR FINANCIAL 7,985
ASSISTANCE TO DEFRAY THE COUNTY'S SHARE OF THE COST OF 7,986
ACQUISITION OR CONSTRUCTION OF THE HOME, AS PROVIDED IN SECTION 7,987
5139.271 OF THE REVISED CODE. APPLICATION SHALL BE MADE IN 7,988
ACCORDANCE WITH RULES ADOPTED BY THE DEPARTMENT. NO COUNTY SHALL 7,989
BE REIMBURSED FOR EXPENSES INCURRED IN THE ACQUISITION OR 7,990
CONSTRUCTION OF A DISTRICT DETENTION HOME THAT SERVES A DISTRICT 7,991
HAVING A POPULATION OF LESS THAN ONE HUNDRED THOUSAND. 7,992
Sec. 2151.345 2152.43. The board of trustees of a district 8,001
detention home shall appoint the superintendent thereof OF THE 8,003
HOME. Before entering upon his THE OFFICIAL duties such AS 8,004
SUPERINTENDENT, THE superintendent shall give bond to the board, 8,005
in such sum as it fixes, with sufficient surety, conditioned upon 8,007
the full and faithful accounting of the funds and properties 8,008
coming into his THE SUPERINTENDENT'S hands.
The superintendent shall appoint all employees, who, except 8,010
for the superintendent, shall be in the classified civil service. 8,011
The superintendent under the supervision and subject to the 8,013
rules and regulations of the board, shall control, manage, 8,014
operate, and have general charge of the DISTRICT DETENTION home, 8,015
and shall have the custody of its property, files, and records. 8,016
The children to be admitted for care in such THE DISTRICT 8,018
DETENTION home, the period during which they shall be cared for 8,019
in such THE home, and the removal and transfer of children from 8,021
such THE home shall be determined by the juvenile courts of the 8,022
respective counties. 8,023
Sec. 2151.343 2152.44. (A) Immediately upon the 8,032
organization of the joint board of county commissioners as 8,034
provided by section 2151.34 2152.41 of the Revised Code, or so AS 8,035
soon thereafter as practicable, such THE joint board of county 8,036
188
commissioners shall appoint a board of not less than five 8,038
trustees, which. THE BOARD shall hold office and perform its 8,040
duties until the first annual meeting after the choice of an
established site and buildings, or after the selection and 8,041
purchase of a building site, at which time such THE joint board 8,042
of county commissioners shall appoint a board of not less than 8,044
five trustees, one of whom shall hold office for a term of one 8,045
year, one for the term of two years, one for the term of three 8,046
years, half of the remaining number for the term of four years,
and the remainder for the term of five years. Annually 8,047
thereafter, the joint board of county commissioners shall appoint 8,048
one or more trustees, each of whom shall hold office for the term 8,049
of five years, to succeed the trustee or trustees whose term of 8,050
office shall expire. A trustee may be appointed to succeed
himself upon such board of trustees REAPPOINTED, and all 8,051
appointments to such THE board of trustees shall be made from 8,053
persons who are recommended and approved by the juvenile court 8,054
judge or judges of the county of which such THE person is 8,055
resident. The annual meeting of the board of trustees shall be
held on the first Tuesday in May in each year. 8,056
(B) A MAJORITY OF THE BOARD OF TRUSTEES APPOINTED UNDER 8,058
DIVISION (A) OF THIS SECTION CONSTITUTES A QUORUM. BOARD 8,059
MEETINGS SHALL BE HELD AT LEAST QUARTERLY. THE JUVENILE COURT 8,060
JUDGE OF EACH COUNTY OF THE DISTRICT ORGANIZED UNDER SECTION 8,062
2152.41 OF THE REVISED CODE SHALL ATTEND THE MEETINGS, OR 8,063
DESIGNATE A MEMBER OF THE JUDGE'S STAFF TO DO SO. MEMBERS OF THE
BOARD SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES, EXCEPT 8,064
THEIR ACTUAL TRAVELING EXPENSES. THE TREASURER SHALL PAY THE 8,065
MEMBER'S TRAVELING EXPENSES WHEN PROPERLY CERTIFIED. 8,066
(C) EACH COUNTY IN THE DISTRICT ORGANIZED UNDER SECTION 8,068
2152.41 OF THE REVISED CODE SHALL BE ENTITLED TO ONE TRUSTEE. IN 8,069
DISTRICTS COMPOSED OF TWO COUNTIES, EACH COUNTY SHALL BE ENTITLED 8,070
TO NOT LESS THAN TWO TRUSTEES. IN DISTRICTS COMPOSED OF MORE 8,071
THAN FOUR COUNTIES, THE NUMBER OF TRUSTEES SHALL BE SUFFICIENTLY 8,072
189
INCREASED SO THAT THERE ALWAYS IS AN UNEVEN NUMBER OF TRUSTEES 8,073
CONSTITUTING THE BOARD. THE COUNTY IN WHICH A DISTRICT DETENTION 8,074
HOME IS LOCATED SHALL HAVE NOT LESS THAN TWO TRUSTEES, WHO, IN 8,075
THE INTERIM PERIOD BETWEEN THE REGULAR MEETINGS OF THE BOARD OF 8,076
TRUSTEES, SHALL ACT AS AN EXECUTIVE COMMITTEE IN THE DISCHARGE OF 8,077
ALL BUSINESS PERTAINING TO THE HOME. 8,078
(D) THE JOINT BOARD OF COUNTY COMMISSIONERS ORGANIZED 8,080
UNDER SECTION 2152.41 OF THE REVISED CODE MAY REMOVE ANY TRUSTEE 8,081
APPOINTED UNDER DIVISION (A) OF THIS SECTION, BUT THE JOINT BOARD 8,082
SHALL NOT REMOVE A TRUSTEE ON THE BASIS OF THE TRUSTEE'S 8,083
RELIGIOUS OR POLITICAL OPINION. A TRUSTEE APPOINTED TO FILL ANY 8,085
VACANCY SHALL HOLD OFFICE AS TRUSTEE FOR THE UNEXPIRED TERM OF
THE TRUSTEE'S PREDECESSOR. 8,086
(E) IN THE INTERIM BETWEEN THE SELECTION AND PURCHASE OF A 8,088
SITE AND THE ERECTION AND OCCUPANCY OF THE DISTRICT DETENTION 8,089
HOME, THE JOINT BOARD OF COUNTY COMMISSIONERS PROVIDED UNDER 8,090
SECTION 2151.41 OF THE REVISED CODE MAY DELEGATE TO THE BOARD OF 8,091
TRUSTEES APPOINTED UNDER DIVISION (A) OF THIS SECTION ANY POWERS 8,093
AND DUTIES THAT, IN ITS JUDGMENT, WILL BE OF GENERAL INTEREST OR 8,094
AID TO THE INSTITUTION. THE JOINT BOARD OF COUNTY COMMISSIONERS 8,096
MAY APPROPRIATE A TRUSTEES' FUND, TO BE EXPENDED BY THE BOARD OF 8,097
TRUSTEES IN PAYMENT OF ANY CONTRACTS, PURCHASES, OR OTHER 8,098
EXPENSES NECESSARY TO THE WANTS OR REQUIREMENTS OF THE HOME, THAT 8,099
ARE NOT OTHERWISE PROVIDED FOR. THE BOARD OF TRUSTEES SHALL MAKE 8,100
A COMPLETE SETTLEMENT WITH THE JOINT BOARD OF COUNTY 8,101
COMMISSIONERS ONCE EACH SIX MONTHS, OR QUARTERLY IF REQUIRED, AND 8,102
SHALL MAKE TO THE BOARD OF COUNTY COMMISSIONERS AND TO THE 8,103
JUVENILE COURT OF EACH OF THE COUNTIES A FULL REPORT OF THE 8,104
CONDITION OF THE HOME AND INMATES.
Sec. 2151.347 2152.45. When the board of trustees 8,113
appointed under section 2151.343 2152.44 of the Revised Code does 8,114
not choose an established institution in one of the counties of 8,116
the district, it may select a suitable site for the erection of a
district detention home. Such THE site must SHALL be easily 8,118
190
accessible, and when, in the judgment of the board, it is equally 8,119
conducive to health, TO economy in purchasing or in building, and 8,121
to the general interest of the home and inmates, such THE site 8,122
shall be as near as practicable to the geographical center of the 8,124
district. When only two counties form such THE district, the 8,125
site shall be as near as practicable to the dividing line between 8,126
such THE TWO counties. 8,127
Sec. 2151.3411 2152.46. (A) The choice of an established 8,137
site and buildings, or the purchase of a site, stock, implements, 8,138
and general farm equipment, should there be a farm, the erection 8,139
of buildings, and the completion and furnishing of the district 8,140
detention home for occupancy, shall be in the hands of the joint 8,141
board of county commissioners organized under section 2151.34
2152.41 of the Revised Code. Such joint board of county 8,143
commissioners may delegate all or a portion of these duties to 8,144
the board of trustees provided for under section 2151.343 2152.44 8,145
of the Revised Code, under such restrictions and regulations as 8,146
the joint board of county commissioners imposes. 8,147
(B) UPON THE PRESENTATION OF PROPERLY CERTIFIED ACCOUNTS, 8,149
MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS WHO MEET BY 8,150
APPOINTMENT TO CONSIDER THE ORGANIZATION OF A DISTRICT DETENTION 8,151
HOME SHALL BE PAID THEIR NECESSARY EXPENSES UPON A WARRANT DRAWN 8,152
BY THE COUNTY AUDITOR OF THEIR COUNTY.
Sec. 2151.3412 2152.47. When an established site and 8,161
buildings are used for a district detention home, the joint board 8,163
of county commissioners organized under section 2151.34 2152.41 8,164
of the Revised Code shall cause the value of such THE site and 8,166
buildings to be properly appraised. This appraisal value, or in 8,168
case of the purchase of a site, the purchase price and the cost 8,169
of all betterments and additions thereto, shall be paid by the 8,170
counties comprising the district, in proportion to the taxable 8,171
property of each county, as shown by its tax duplicate. The 8,172
current expenses of maintaining the home not paid from funds made 8,173
available under section 5139.281 of the Revised Code, and the 8,174
191
cost of ordinary repairs thereto TO THE HOME, shall be paid by 8,175
each such county COMPRISING THE DISTRICT in accordance with one 8,177
of the following methods as approved by the joint board of county 8,178
commissioners:
(A) In proportion to the number of children from such THAT 8,180
county who are maintained in the home during the year; 8,181
(B) By a levy submitted by the joint board of county 8,183
commissioners under division (A) of section 5705.19 of the 8,184
Revised Code and approved by the electors of the district; 8,185
(C) In proportion to the taxable property of each county, 8,187
as shown by its tax duplicate; 8,188
(D) In any combination of the methods for payment 8,190
described in division (A), (B), or (C) of this section. 8,191
Sec. 2151.3413 2152.48. The board of county commissioners 8,200
of any county within a detention home district may, upon the 8,202
recommendation of the juvenile court of such county, MAY withdraw 8,204
from such THE district and dispose of its interest in such THE 8,205
DETENTION home by selling or leasing its right, title, and 8,206
interest in the site, buildings, furniture, and equipment to any 8,207
counties in the district, at such A price and upon such terms as 8,208
THAT are agreed upon among the boards of county commissioners of 8,210
the counties concerned. Section 307.10 of the Revised Code does 8,211
not apply to this section. The net proceeds of any such sale or
lease shall be paid into the treasury of the withdrawing county. 8,212
Any county withdrawing from such district or from a 8,214
combined district organized under sections 2151.34 2152.71 and 8,215
2151.65 of the Revised Code shall continue to have levied against 8,217
its tax duplicate any tax levied by the district during the 8,218
period in which the county was a member of the district for 8,219
current operating expenses, permanent improvements, or the
retirement of bonded indebtedness. Such levy shall continue to 8,220
be a levy against such duplicate of the county until such time 8,221
that it expires or is renewed.
Members of the board of trustees of a district detention 8,223
192
home who are residents of a county withdrawing from such district 8,224
are deemed to have resigned their positions upon the completion 8,225
of the withdrawal procedure provided by this section. Vacancies 8,226
then created shall be filled according to sections 2151.343 and 8,227
2151.349 SECTION 2152.44 of the Revised Code. 8,228
Sec. 2151.3414 2152.49. The county auditor of the county 8,237
having the greatest population, or, with the unanimous 8,238
concurrence of the county auditors of the counties composing a 8,240
district, the auditor of the county wherein IN WHICH the 8,241
detention home is located, shall be the fiscal officer of a 8,242
detention home district or a combined district organized under 8,243
sections 2151.34 2152.41 and 2151.65 of the Revised Code. The 8,245
county auditors of the several counties composing a detention
home district shall meet at the district detention home, not less 8,246
than once in six months, to review accounts and to transact such 8,247
ANY other duties in connection with the institution as THAT 8,249
pertain to the business of their office. 8,250
Sec. 2151.346 2152.50. District detention homes shall be 8,259
established, operated, maintained, and managed in the same manner 8,260
so far as applicable as county detention homes. 8,261
Sec. 2151.359 2152.61. (A) In any proceeding wherein IN 8,271
WHICH a child has been adjudged A delinquent, unruly, abused, 8,272
neglected, or dependent, CHILD on the application of a party, or 8,274
the court's own motion, the court may make an order restraining 8,275
or otherwise controlling the conduct of any parent, guardian, or 8,276
other custodian in the relationship of such THE individual to the 8,277
child if the court finds that such an order OF THAT TYPE is 8,279
necessary to DO EITHER OF THE FOLLOWING: 8,280
(A)(1) Control any conduct or relationship that will be 8,282
detrimental or harmful to the child; 8,283
(B) Where such (2) CONTROL ANY conduct or relationship 8,286
THAT will tend to defeat the execution of the order of 8,287
disposition made or to be made.
(B) Due notice of the application or motion and the 8,289
193
grounds therefor FOR THE APPLICATION OR MOTION UNDER DIVISION (A) 8,290
OF THIS SECTION, and an opportunity to be heard, shall be given 8,291
to the person against whom such THE order UNDER THAT DIVISION is 8,293
directed. THE ORDER MAY INCLUDE A REQUIREMENT THAT THE CHILD'S 8,294
PARENT, GUARDIAN, OR OTHER CUSTODIAN ENTER INTO A RECOGNIZANCE
WITH SUFFICIENT SURETY, CONDITIONED UPON THE FAITHFUL DISCHARGE 8,295
OF ANY CONDITIONS OR CONTROL REQUIRED BY THE COURT. 8,296
(C) A PERSON'S FAILURE TO COMPLY WITH ANY ORDER MADE BY 8,298
THE COURT UNDER THIS SECTION IS CONTEMPT OF COURT UNDER CHAPTER 8,299
2705. OF THE REVISED CODE.
Sec. 2151.18 2152.71. (A)(1) The juvenile court shall 8,308
maintain records of all official cases brought before it, 8,310
including an appearance docket, a journal, and a cashbook. The 8,311
court shall maintain a separate docket for traffic cases and 8,312
shall record all traffic cases on the separate docket instead of 8,314
on the general appearance docket. The parents of any child 8,315
affected, if they are living, or the nearest of kin of the child, 8,316
if the parents are deceased, may inspect these records, either in 8,317
person or by counsel during the hours in which the court is open. 8,318
(2) The juvenile court shall send to the superintendent of 8,320
the bureau of criminal identification and investigation, pursuant 8,321
to section 109.57 of the Revised Code, a weekly report containing 8,322
a summary of each case that has come before it and that involves 8,323
an adjudication that a child is a delinquent child for committing 8,324
an act that would be a felony or an offense of violence if 8,327
committed by an adult.
(B) The clerk of the court shall maintain a statistical 8,329
record that includes all of the following: 8,330
(1) The number of complaints that are filed with OR 8,332
INDICTMENTS MADE TO the court that allege that a child is a 8,334
delinquent child, in relation to which the court determines under 8,335
division (D) of section 2151.27 of the Revised Code that the 8,336
victim of the alleged delinquent act was sixty-five years of age 8,337
or older or permanently and totally disabled at the time of the 8,338
194
alleged commission of the act; 8,339
(2) The number of complaints OR INDICTMENTS described in 8,341
division (B)(1) of this section that result in the child being 8,343
adjudicated a delinquent child; 8,344
(3) The number of complaints OR INDICTMENTS described in 8,346
division (B)(2) of this section in which the act upon which the 8,347
delinquent child adjudication is based caused property damage or 8,348
would be a theft offense, as defined in division (K) of section 8,349
2913.01 of the Revised Code, if committed by an adult; 8,350
(4) The number of complaints OR INDICTMENTS described in 8,352
division (B)(3) of this section that result in the delinquent 8,353
child being required as an order of disposition made under 8,354
division (A)(8)(b)(3) of section 2151.355 2152.20 of the Revised 8,356
Code to make restitution for all or part of the property damage 8,357
caused by the child's delinquent act or for all or part of the 8,359
value of the property that was the subject of the delinquent act 8,360
that would be a theft offense if committed by an adult; 8,361
(5) The number of complaints OR INDICTMENTS described in 8,363
division (B)(2) of this section in which the act upon which the 8,364
delinquent child adjudication is based would have been an offense 8,365
of violence if committed by an adult; 8,366
(6) The number of complaints OR INDICTMENTS described in 8,368
division (B)(5) of this section that result in the delinquent 8,370
child being committed as an order of disposition made under 8,371
division (A)(3), (4), (5), (6), or (7) of section 2151.355 8,372
2152.16, DIVISIONS (A) AND (B) OF SECTION 2152.17, OR DIVISION 8,374
(A)(2) OF SECTION 2152.19 of the Revised Code to any facility for 8,375
delinquent children operated by the county, a district, or a 8,376
private agency or organization or to the department of youth 8,377
services;
(7) The number of complaints described in division (B)(1) 8,379
of this section that result in the case being transferred for 8,380
criminal prosecution to an appropriate court having jurisdiction 8,381
of the offense under section 2151.26 2152.12 of the Revised Code. 8,383
195
(C) The clerk of the court shall compile an annual summary 8,385
covering the preceding calendar year showing all of the 8,386
information for that year contained in the statistical record 8,387
maintained under division (B) of this section. The statistical 8,388
record and the annual summary shall be public records open for 8,389
inspection. Neither the statistical record nor the annual 8,390
summary shall include the identity of any party to a case. 8,391
(D) Not later than June of each year, the court shall 8,393
prepare an annual report covering the preceding calendar year 8,394
showing the number and kinds of cases that have come before it, 8,395
the disposition of the cases, and any other data pertaining to 8,396
the work of the court that the juvenile judge directs. The court 8,398
shall file copies of the report with the board of county
commissioners. With the approval of the board, the court may 8,399
print or cause to be printed copies of the report for 8,400
distribution to persons and agencies interested in the court or 8,402
community program for dependent, neglected, abused, or delinquent 8,403
children and juvenile traffic offenders. The court shall include 8,404
the number of copies ordered printed and the estimated cost of
each printed copy on each copy of the report printed for 8,405
distribution. 8,406
Sec. 2151.62 2152.72. (A) This section applies only to a 8,415
child who is or previously has been adjudicated a delinquent 8,417
child for an act to which any of the following applies: 8,418
(1) It is a violation of section 2903.01, 2903.02, 8,420
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2907.02, 2907.03, or 8,421
2907.05 of the Revised Code;
(2) It is a violation of section 2923.01 of the Revised 8,424
Code and involved an attempt to commit aggravated murder or 8,425
murder;
(3) It would be a felony if committed by an adult and the 8,427
court determined that the child, if an adult, would be guilty of 8,428
a specification found in section 2941.141, 2941.144, or 2941.145 8,429
of the Revised Code or in another section of the Revised Code 8,431
196
that relates to the possession or use of a firearm, as defined in 8,432
section 2923.11 of the Revised Code, during the commission of the 8,433
act for which the child was adjudicated a delinquent child. 8,434
(B)(1) Except as provided in division (E) of this section, 8,437
a public children services agency, private child placing agency, 8,439
private noncustodial agency, or court, the department of youth
services, or another private or government entity shall not place 8,440
a child in a foster home until it provides the foster caregivers 8,441
with all of the following: 8,442
(a) A written report describing the child's social 8,444
history;
(b) A written report describing all the acts committed by 8,446
the child the entity knows of that resulted in the child being 8,449
adjudicated a delinquent child and the disposition made by the 8,450
court, unless the records pertaining to the acts have been sealed 8,451
pursuant to section 2151.358 of the Revised Code; 8,452
(c) A written report describing any other violent act 8,454
committed by the child of which the entity is aware; 8,456
(d) The substantial and material conclusions and 8,458
recommendations of any psychiatric or psychological examination 8,460
conducted on the child or, if no psychological or psychiatric 8,461
examination of the child is available, the substantial and 8,462
material conclusions and recommendations of an examination to 8,463
detect mental and emotional disorders conducted in compliance 8,464
with the requirements of Chapter 4757. of the Revised Code by an
independent social worker, social worker, professional clinical 8,465
counselor, or professional counselor licensed under that chapter. 8,466
The entity shall not provide any part of a psychological, 8,467
psychiatric, or mental and emotional disorder examination to the 8,468
foster caregivers other than the substantial and material 8,469
conclusions.
(2) Notwithstanding section 2151.358 of the Revised Code, 8,472
if records of an adjudication that a child is a delinquent child 8,473
have been sealed pursuant to that section and an entity knows the
197
records have been sealed, the entity shall provide the foster 8,474
caregivers a written statement that the records of a prior 8,475
adjudication have been sealed.
(C) The entity that places the child in a foster home 8,478
shall conduct a psychological examination of the child, except 8,479
that the entity is not required to conduct the examination if
such an examination was conducted no more than one year prior to 8,480
the child's placement. No later than sixty days after placing 8,481
the child, the entity shall provide the foster caregiver a 8,483
written report detailing the substantial and material conclusions
and recommendations of the examination conducted pursuant to this 8,485
division.
(D)(1) Except as provided in divisions (D)(2) and (3) of 8,487
this section, the expenses of conducting the examinations and 8,489
preparing the reports and assessment required by division (B) or 8,490
(C) of this section shall be paid by the entity that places the 8,491
child in the foster home.
(2) When a juvenile court grants temporary or permanent 8,493
custody of a child pursuant to any section of the Revised Code, 8,494
including section 2151.33, 2151.353, 2151.354, or 2151.355 8,495
2152.19 of the Revised Code, to a public children services agency 8,496
or private child placing agency, the court shall provide the 8,497
agency the information described in division (B) of this section, 8,499
pay the expenses of preparing that information, and, if a new
examination is required to be conducted, pay the expenses of 8,500
conducting the examination described in division (C) of this 8,501
section. On receipt of the information described in division (B) 8,502
of this section, the agency shall provide to the court written 8,503
acknowledgment that the agency received the information. The 8,504
court shall keep the acknowledgment and provide a copy to the 8,505
agency. On the motion of the agency, the court may terminate the 8,506
order granting temporary or permanent custody of the child to 8,507
that agency, if the court does not provide the information 8,508
described in division (B) of this section. 8,509
198
(3) If one of the following entities is placing a child in 8,511
a foster home with the assistance of or by contracting with a 8,512
public children services agency, private child placing agency, or 8,513
a private noncustodial agency, the entity shall provide the 8,514
agency with the information described in division (B) of this 8,515
section, pay the expenses of preparing that information, and, if 8,516
a new examination is required to be conducted, pay the expenses
of conducting the examination described in division (C) of this 8,517
section: 8,518
(a) The department of youth services if the placement is 8,520
pursuant to any section of the Revised Code including section 8,521
2151.38 2152.22, 5139.06, 5139.07, 5139.38, or 5139.39 of the 8,522
Revised Code;
(b) A juvenile court with temporary or permanent custody 8,524
of a child pursuant to section 2151.354 or 2151.355 2152.19 of 8,525
the Revised Code; 8,526
(c) A public children services agency or private child 8,528
placing agency with temporary or permanent custody of the child. 8,529
The agency receiving the information described in division 8,531
(B) of this section shall provide the entity described in 8,533
division (D)(3)(a) to (c) of this section that sent the 8,534
information written acknowledgment that the agency received the 8,536
information and provided it to the foster caregivers. The entity
shall keep the acknowledgment and provide a copy to the agency. 8,538
An entity that places a child in a foster home with the 8,539
assistance of or by contracting with an agency remains 8,540
responsible to provide the information described in division (B) 8,542
of this section to the foster caregivers unless the entity 8,543
receives written acknowledgment that the agency provided the 8,544
information.
(E) If a child is placed in a foster home as a result of 8,547
an emergency removal of the child from home pursuant to division 8,548
(D) of section 2151.31 of the Revised Code, an emergency change 8,550
in the child's case plan pursuant to division (E)(3) of section 8,552
199
2151.412 of the Revised Code, or an emergency placement by the 8,553
department of youth services pursuant to this chapter or Chapter 8,554
5139. of the Revised Code, the entity that places the child in 8,556
the foster home shall provide the information described in 8,557
division (B) of this section no later than ninety-six hours after 8,559
the child is placed in the foster home. 8,560
(F) On receipt of the information described in divisions 8,562
(B) and (C) of this section, the foster caregiver shall provide 8,564
to the entity that places the child in the foster caregiver's
home a written acknowledgment that the foster caregiver received 8,565
the information. The entity shall keep the acknowledgment and 8,567
provide a copy to the foster caregiver. 8,568
(G) No person employed by an entity subject to this 8,570
section and made responsible by that entity for the child's 8,571
placement in a foster home shall fail to provide the foster 8,573
caregivers with the information required by divisions (B) and (C) 8,575
of this section.
(H) It is not a violation of any duty of confidentiality 8,578
provided for in the Revised Code or a code of professional 8,580
responsibility for a person or government entity to provide the 8,581
substantial and material conclusions and recommendations of a 8,582
psychiatric or psychological examination, or an examination to 8,583
detect mental and emotional disorders, in accordance with 8,584
division (B)(1)(d) or (C) of this section. 8,585
Sec. 2151.11 2152.73. A juvenile court may participate 8,594
with other public or private agencies of the county served by the 8,596
court in programs which THAT have as their objective the 8,598
prevention and control of juvenile delinquency. The juvenile
judge may assign employees of the court, as part of their regular 8,599
duties, to work with organizations concerned with combatting 8,600
conditions known to contribute to delinquency, providing adult 8,601
sponsors for children who have been found TO BE delinquent 8,602
CHILDREN, and developing wholesome youth programs. 8,603
The juvenile judge may accept and administer on behalf of 8,605
200
the court gifts, grants, bequests, and devises made to the court 8,606
for the purpose of preventing delinquency. 8,607
Sec. 2151.315 2152.74. (A) As used in this section, "DNA 8,617
analysis" and "DNA specimen" have the same meanings as in section 8,618
109.573 of the Revised Code. 8,619
(B)(1) A child who is adjudicated a delinquent child for 8,621
committing an act listed in division (D) of this section and who 8,622
is committed to the custody of the department of youth services 8,623
or to a school, camp, institution, or other facility for 8,624
delinquent children described in division (A)(3)(2) of section 8,625
2151.355 2152.19 of the Revised Code shall submit to a DNA 8,626
specimen collection procedure administered by the director of 8,627
youth services if committed to the department or by the chief 8,628
administrative officer of the school, camp, institution, or other 8,629
facility for delinquent children to which the child was 8,630
committed. If the court commits the child to the department of 8,631
youth services, the director of youth services shall cause the 8,632
DNA specimen to be collected from the child during the intake 8,633
process at an institution operated by or under the control of the 8,634
department. If the court commits the child to a school, camp, 8,635
institution, or other facility for delinquent children, the chief 8,636
administrative officer of the school, camp, institution, or 8,637
facility to which the child is committed shall cause the DNA 8,639
specimen to be collected from the child during the intake process 8,640
for the school, camp, institution, or facility. In accordance 8,641
with division (C) of this section, the director or the chief 8,642
administrative officer shall cause the DNA specimen to be 8,645
forwarded to the bureau of criminal identification and 8,646
investigation no later than fifteen days after the date of the 8,647
collection of the DNA specimen. The DNA specimen shall be 8,648
collected from the child in accordance with division (C) of this 8,650
section.
(2) If a child is adjudicated a delinquent child for 8,652
committing an act listed in division (D) of this section, is 8,654
201
committed to the department of youth services or to a school, 8,656
camp, institution, or other facility for delinquent children, and 8,657
does not submit to a DNA specimen collection procedure pursuant 8,659
to division (B)(1) of this section, prior to the child's release 8,660
from the custody of the department of youth services or from the 8,661
custody of the school, camp, institution, or facility, the child 8,662
shall submit to, and the director of youth services or the chief 8,663
administrator of the school, camp, institution, or facility to 8,664
which the child is committed shall administer, a DNA specimen 8,665
collection procedure at the institution operated by or under the 8,666
control of the department of youth services or at the school, 8,667
camp, institution, or facility to which the child is committed. 8,668
In accordance with division (C) of this section, the director or 8,669
the chief administrative officer shall cause the DNA specimen to 8,672
be forwarded to the bureau of criminal identification and
investigation no later than fifteen days after the date of the 8,673
collection of the DNA specimen. The DNA specimen shall be 8,674
collected in accordance with division (C) of this section. 8,675
(C) A physician, registered nurse, licensed practical 8,678
nurse, duly licensed clinical laboratory technician, or other 8,679
qualified medical practitioner shall collect in a medically
approved manner the DNA specimen required to be collected 8,680
pursuant to division (B) of this section. No later than fifteen 8,681
days after the date of the collection of the DNA specimen, the 8,682
director of youth services or the chief administrative officer of 8,684
the school, camp, institution, or other facility for delinquent 8,685
children to which the child is committed shall cause the DNA 8,686
specimen to be forwarded to the bureau of criminal identification 8,688
and investigation in accordance with procedures established by 8,689
the superintendent of the bureau under division (H) of section 8,691
109.573 of the Revised Code. The bureau shall provide the 8,692
specimen vials, mailing tubes, labels, postage, and instruction 8,693
needed for the collection and forwarding of the DNA specimen to 8,695
the bureau.
202
(D) The director of youth services and the chief 8,697
administrative officer of a school, camp, institution, or other 8,698
facility for delinquent children shall cause a DNA specimen to be 8,699
collected in accordance with divisions (B) and (C) of this 8,700
section from each child in its custody who is adjudicated a 8,701
delinquent child for committing any of the following acts: 8,703
(1) A violation of section 2903.01, 2903.02, 2905.01, 8,705
2907.02, 2907.03, 2907.04, 2907.05, or 2911.11 of the Revised 8,707
Code;
(2) A violation of section 2907.12 of the Revised Code as 8,709
it existed prior to September 3, 1996; 8,710
(3) An attempt to commit a violation of section 2907.02, 8,712
2907.03, 2907.04, or 2907.05 of the Revised Code or to commit a 8,714
violation of section 2907.12 of the Revised Code as it existed 8,715
prior to September 3, 1996; 8,716
(4) A violation of any law that arose out of the same 8,718
facts and circumstances and same act as did a charge against the 8,721
child of a violation of section 2903.01, 2903.02, 2905.01, 8,722
2907.02, 2907.03, 2907.04, 2907.05, or 2911.11 of the Revised 8,723
Code that previously was dismissed or amended or as did a charge 8,724
against the child of a violation of section 2907.12 of the 8,725
Revised Code as it existed prior to September 3, 1996, that 8,726
previously was dismissed or amended;
(5) A violation of section 2905.02 or 2919.23 of the 8,728
Revised Code that would have been a violation of section 2905.04 8,730
of the Revised Code as it existed prior to July 1, 1996, had the 8,731
violation been committed prior to that date.
(E) The director of youth services and the chief 8,733
administrative officer of a school, camp, institution, or other 8,734
facility for delinquent children is not required to comply with 8,735
this section until the superintendent of the bureau of criminal 8,737
identification and investigation gives agencies in the juvenile 8,738
justice system, as defined in section 181.51 of the Revised Code,
in the state official notification that the state DNA laboratory 8,741
203
is prepared to accept DNA specimens. 8,742
Sec. 2151.211 2152.75. No employer shall discharge or 8,751
terminate from employment, threaten to discharge or terminate 8,753
from employment, or otherwise punish or penalize any employee 8,754
because of time lost from regular employment as a result of the 8,755
employee's attendance at any proceeding in a delinquency case 8,756
pursuant to a subpoena. This section generally does not require 8,757
and shall not be construed to require an employer to pay an 8,758
employee for time lost as a result of attendance at any 8,759
proceeding in a delinquency case. However, if an employee is 8,760
subpoenaed to appear at a proceeding in a delinquency case and 8,761
the proceeding pertains to an offense against the employer or an 8,762
offense involving the employee during the course of his 8,763
employment, the employer shall not decrease or withhold the 8,764
employee's pay for any time lost as a result of compliance with 8,765
the subpoena. Any employer who knowingly violates this section 8,766
is in contempt of court. 8,767
Sec. 2151.3511 2152.81. (A)(1) As used in this section, 8,776
"victim" includes any of the following persons: 8,777
(a) A person who was a victim of a violation identified in 8,779
division (A)(2) of this section or an act that would be an 8,780
offense of violence if committed by an adult; 8,781
(b) A person against whom was directed any conduct that 8,783
constitutes, or that is an element of, a violation identified in 8,784
division (A)(2) of this section or an act that would be an 8,785
offense of violence if committed by an adult. 8,786
(2) In any proceeding in juvenile court involving a 8,788
complaint OR INDICTMENT in which a child is charged with a 8,789
violation of section 2905.03, 2905.05, 2907.02, 2907.03, 2907.04, 8,791
2907.05, 2907.06, 2907.07, 2907.09, 2907.21, 2907.23, 2907.24, 8,792
2907.31, 2907.32, 2907.321, 2907.322, 2907.323, or 2919.22 of the 8,793
Revised Code or an act that would be an offense of violence if 8,794
committed by an adult and in which an alleged victim of the 8,795
violation or act was a child who was less than thirteen years of 8,796
204
age when the complaint was filed OR THE INDICTMENT WAS RETURNED, 8,797
the juvenile judge, upon motion of an attorney for the 8,798
prosecution, shall order that the testimony of the child victim 8,799
be taken by deposition. The prosecution also may request that 8,800
the deposition be videotaped in accordance with division (A)(3) 8,801
of this section. The judge shall notify the child victim whose 8,803
deposition is to be taken, the prosecution, and the attorney for 8,804
the child who is charged with the violation or act of the date, 8,805
time, and place for taking the deposition. The notice shall 8,806
identify the child victim who is to be examined and shall 8,808
indicate whether a request that the deposition be videotaped has 8,810
been made. The child who is charged with the violation or act
shall have the right to attend the deposition and the right to be 8,812
represented by counsel. Depositions shall be taken in the manner 8,813
provided in civil cases, except that the judge in the proceeding 8,814
shall preside at the taking of the deposition and shall rule at 8,815
that time on any objections of the prosecution or the attorney 8,816
for the child charged with the violation or act. The prosecution 8,817
and the attorney for the child charged with the violation or act 8,818
shall have the right, as at an adjudication hearing, to full 8,819
examination and cross-examination of the child victim whose 8,820
deposition is to be taken. If a deposition taken under this 8,821
division is intended to be offered as evidence in the proceeding, 8,822
it shall be filed in the juvenile court in which the action is 8,823
pending and is admissible in the manner described in division (B) 8,825
of this section. If a deposition of a child victim taken under 8,826
this division is admitted as evidence at the proceeding under 8,827
division (B) of this section, the child victim shall not be
required to testify in person at the proceeding. However, at any 8,828
time before the conclusion of the proceeding, the attorney for 8,829
the child charged with the violation or act may file a motion 8,830
with the judge requesting that another deposition of the child 8,831
victim be taken because new evidence material to the defense of 8,832
the child charged has been discovered that the attorney for the 8,833
205
child charged could not with reasonable diligence have discovered 8,834
prior to the taking of the admitted deposition. Any motion 8,835
requesting another deposition shall be accompanied by supporting 8,837
affidavits. Upon the filing of the motion and affidavits, the 8,838
court may order that additional testimony of the child victim 8,839
relative to the new evidence be taken by another deposition. If 8,840
the court orders the taking of another deposition under this 8,841
provision, the deposition shall be taken in accordance with this 8,842
division; if the admitted deposition was a videotaped deposition 8,843
taken in accordance with division (A)(3) of this section, the new 8,844
deposition also shall be videotaped in accordance with that 8,845
division, and, in other cases, the new deposition may be 8,846
videotaped in accordance with that division.
(3) If the prosecution requests that a deposition to be 8,848
taken under division (A)(2) of this section be videotaped, the 8,850
juvenile judge shall order that the deposition be videotaped in
accordance with this division. If a juvenile judge issues an 8,852
order to video tape the deposition, the judge shall exclude from
the room in which the deposition is to be taken every person 8,854
except the child victim giving the testimony, the judge, one or 8,855
more interpreters if needed, the attorneys for the prosecution 8,856
and the child who is charged with the violation or act, any 8,857
person needed to operate the equipment to be used, one person 8,858
chosen by the child victim giving the deposition, and any person 8,859
whose presence the judge determines would contribute to the 8,860
welfare and well-being of the child victim giving the deposition. 8,861
The person chosen by the child victim shall not be a witness in 8,862
the proceeding and, both before and during the deposition, shall 8,864
not discuss the testimony of the child victim with any other 8,866
witness in the proceeding. To the extent feasible, any person 8,867
operating the recording equipment shall be restricted to a room 8,868
adjacent to the room in which the deposition is being taken, or 8,869
to a location in the room in which the deposition is being taken 8,870
that is behind a screen or mirror so that the person operating 8,871
206
the recording equipment can see and hear, but cannot be seen or 8,873
heard by, the child victim giving the deposition during the 8,874
deposition. The child who is charged with the violation or act 8,875
shall be permitted to observe and hear the testimony of the child 8,876
victim giving the deposition on a monitor, shall be provided with 8,877
an electronic means of immediate communication with the attorney 8,878
of the child who is charged with the violation or act during the 8,879
testimony, and shall be restricted to a location from which the 8,880
child who is charged with the violation or act cannot be seen or 8,883
heard by the child victim giving the deposition, except on a
monitor provided for that purpose. The child victim giving the 8,884
deposition shall be provided with a monitor on which the child 8,885
victim can observe, while giving testimony, the child who is 8,886
charged with the violation or act. The judge, at the judge's 8,888
discretion, may preside at the deposition by electronic means 8,890
from outside the room in which the deposition is to be taken; if 8,891
the judge presides by electronic means, the judge shall be 8,892
provided with monitors on which the judge can see each person in 8,894
the room in which the deposition is to be taken and with an 8,895
electronic means of communication with each person in that room, 8,896
and each person in the room shall be provided with a monitor on 8,898
which that person can see the judge and with an electronic means 8,899
of communication with the judge. A deposition that is videotaped 8,900
under this division shall be taken and filed in the manner 8,901
described in division (A)(2) of this section and is admissible in 8,903
the manner described in this division and division (B) of this 8,904
section, and, if a deposition that is videotaped under this 8,906
division is admitted as evidence at the proceeding, the child 8,907
victim shall not be required to testify in person at the 8,908
proceeding. No deposition videotaped under this division shall 8,909
be admitted as evidence at any proceeding unless division (B) of 8,910
this section is satisfied relative to the deposition and all of 8,911
the following apply relative to the recording: 8,912
(a) The recording is both aural and visual and is recorded 8,914
207
on film or videotape, or by other electronic means. 8,915
(b) The recording is authenticated under the Rules of 8,917
Evidence and the Rules of Criminal Procedure as a fair and 8,918
accurate representation of what occurred, and the recording is 8,919
not altered other than at the direction and under the supervision 8,920
of the judge in the proceeding. 8,921
(c) Each voice on the recording that is material to the 8,923
testimony on the recording or the making of the recording, as 8,924
determined by the judge, is identified. 8,925
(d) Both the prosecution and the child who is charged with 8,927
the violation or act are afforded an opportunity to view the 8,928
recording before it is shown in the proceeding. 8,929
(B)(1) At any proceeding in relation to which a deposition 8,931
was taken under division (A) of this section, the deposition or a 8,932
part of it is admissible in evidence upon motion of the 8,933
prosecution if the testimony in the deposition or the part to be 8,934
admitted is not excluded by the hearsay rule and if the 8,935
deposition or the part to be admitted otherwise is admissible 8,936
under the Rules of Evidence. For purposes of this division, 8,937
testimony is not excluded by the hearsay rule if the testimony is 8,938
not hearsay under Evidence Rule 801; if the testimony is within 8,939
an exception to the hearsay rule set forth in Evidence Rule 803; 8,940
if the child victim who gave the testimony is unavailable as a 8,941
witness, as defined in Evidence Rule 804, and the testimony is 8,942
admissible under that rule; or if both of the following apply: 8,943
(a) The child who is charged with the violation or act had 8,945
an opportunity and similar motive at the time of the taking of 8,946
the deposition to develop the testimony by direct, cross, or 8,947
redirect examination. 8,948
(b) The judge determines that there is reasonable cause to 8,950
believe that, if the child victim who gave the testimony in the 8,951
deposition were to testify in person at the proceeding, the child 8,952
victim would experience serious emotional trauma as a result of 8,953
the child victim's participation at the proceeding. 8,954
208
(2) Objections to receiving in evidence a deposition or a 8,956
part of it under division (B) of this section shall be made as 8,957
provided in civil actions. 8,958
(3) The provisions of divisions (A) and (B) of this 8,960
section are in addition to any other provisions of the Revised 8,961
Code, the Rules of Juvenile Procedure, the Rules of Criminal 8,962
Procedure, or the Rules of Evidence that pertain to the taking or 8,963
admission of depositions in a juvenile court proceeding and do 8,964
not limit the admissibility under any of those other provisions 8,966
of any deposition taken under division (A) of this section or 8,967
otherwise taken. 8,968
(C) In any proceeding in juvenile court involving a 8,970
complaint OR INDICTMENT in which a child is charged with a 8,971
violation listed in division (A)(2) of this section or an act 8,972
that would be an offense of violence if committed by an adult and 8,973
in which an alleged victim of the violation or offense was a 8,975
child who was less than thirteen years of age when the complaint 8,976
was filed OR INDICTMENT WAS RETURNED, the prosecution may file a 8,977
motion with the juvenile judge requesting the judge to order the 8,978
testimony of the child victim to be taken in a room other than 8,979
the room in which the proceeding is being conducted and be 8,980
televised, by closed circuit equipment, into the room in which 8,981
the proceeding is being conducted to be viewed by the child who 8,982
is charged with the violation or act and any other persons who 8,983
are not permitted in the room in which the testimony is to be 8,984
taken but who would have been present during the testimony of the 8,985
child victim had it been given in the room in which the 8,986
proceeding is being conducted. Except for good cause shown, the 8,987
prosecution shall file a motion under this division at least 8,988
seven days before the date of the proceeding. The juvenile judge 8,990
may issue the order upon the motion of the prosecution filed 8,992
under this division, if the judge determines that the child 8,993
victim is unavailable to testify in the room in which the 8,994
proceeding is being conducted in the physical presence of the 8,995
209
child charged with the violation or act, due to one or more of 8,996
the reasons set forth in division (E) of this section. If a 8,997
juvenile judge issues an order of that nature, the judge shall 8,998
exclude from the room in which the testimony is to be taken every 9,000
person except a person described in division (A)(3) of this 9,001
section. The judge, at the judge's discretion, may preside 9,003
during the giving of the testimony by electronic means from 9,004
outside the room in which it is being given, subject to the 9,005
limitations set forth in division (A)(3) of this section. To the 9,007
extent feasible, any person operating the televising equipment 9,008
shall be hidden from the sight and hearing of the child victim 9,009
giving the testimony, in a manner similar to that described in 9,010
division (A)(3) of this section. The child who is charged with 9,012
the violation or act shall be permitted to observe and hear the 9,013
testimony of the child victim giving the testimony on a monitor, 9,014
shall be provided with an electronic means of immediate 9,015
communication with the attorney of the child who is charged with 9,016
the violation or act during the testimony, and shall be 9,017
restricted to a location from which the child who is charged with 9,018
the violation or act cannot be seen or heard by the child victim 9,019
giving the testimony, except on a monitor provided for that 9,020
purpose. The child victim giving the testimony shall be provided 9,021
with a monitor on which the child victim can observe, while 9,022
giving testimony, the child who is charged with the violation or 9,023
act.
(D) In any proceeding in juvenile court involving a 9,025
complaint OR INDICTMENT in which a child is charged with a 9,026
violation listed in division (A)(2) of this section or an act 9,027
that would be an offense of violence if committed by an adult and 9,028
in which an alleged victim of the violation or offense was a 9,030
child who was less than thirteen years of age when the complaint 9,031
was filed OR THE INDICTMENT WAS RETURNED, the prosecution may 9,032
file a motion with the juvenile judge requesting the judge to 9,033
order the testimony of the child victim to be taken outside of 9,034
210
the room in which the proceeding is being conducted and be 9,035
recorded for showing in the room in which the proceeding is being 9,036
conducted before the judge, the child who is charged with the 9,037
violation or act, and any other persons who would have been 9,038
present during the testimony of the child victim had it been 9,039
given in the room in which the proceeding is being conducted. 9,040
Except for good cause shown, the prosecution shall file a motion 9,041
under this division at least seven days before the date of the 9,042
proceeding. The juvenile judge may issue the order upon the 9,044
motion of the prosecution filed under this division, if the judge 9,045
determines that the child victim is unavailable to testify in the 9,047
room in which the proceeding is being conducted in the physical 9,048
presence of the child charged with the violation or act, due to 9,049
one or more of the reasons set forth in division (E) of this 9,050
section. If a juvenile judge issues an order of that nature, the 9,051
judge shall exclude from the room in which the testimony is to be 9,053
taken every person except a person described in division (A)(3) 9,054
of this section. To the extent feasible, any person operating 9,055
the recording equipment shall be hidden from the sight and 9,056
hearing of the child victim giving the testimony, in a manner 9,057
similar to that described in division (A)(3) of this section. 9,058
The child who is charged with the violation or act shall be 9,059
permitted to observe and hear the testimony of the child victim 9,060
giving the testimony on a monitor, shall be provided with an 9,061
electronic means of immediate communication with the attorney of 9,062
the child who is charged with the violation or act during the 9,063
testimony, and shall be restricted to a location from which the 9,064
child who is charged with the violation or act cannot be seen or 9,066
heard by the child victim giving the testimony, except on a
monitor provided for that purpose. The child victim giving the 9,067
testimony shall be provided with a monitor on which the child 9,068
victim can observe, while giving testimony, the child who is 9,069
charged with the violation or act. No order for the taking of 9,070
testimony by recording shall be issued under this division unless 9,071
211
the provisions set forth in divisions (A)(3)(a), (b), (c), and 9,072
(d) of this section apply to the recording of the testimony. 9,074
(E) For purposes of divisions (C) and (D) of this section, 9,076
a juvenile judge may order the testimony of a child victim to be 9,077
taken outside of the room in which a proceeding is being 9,078
conducted if the judge determines that the child victim is 9,079
unavailable to testify in the room in the physical presence of 9,080
the child charged with the violation or act due to one or more of 9,081
the following circumstances: 9,082
(1) The persistent refusal of the child victim to testify 9,084
despite judicial requests to do so; 9,085
(2) The inability of the child victim to communicate about 9,087
the alleged violation or offense because of extreme fear, failure 9,088
of memory, or another similar reason; 9,089
(3) The substantial likelihood that the child victim will 9,091
suffer serious emotional trauma from so testifying. 9,092
(F)(1) If a juvenile judge issues an order pursuant to 9,094
division (C) or (D) of this section that requires the testimony 9,095
of a child victim in a juvenile court proceeding to be taken 9,096
outside of the room in which the proceeding is being conducted, 9,097
the order shall specifically identify the child victim to whose 9,098
testimony it applies, the order applies only during the testimony 9,099
of the specified child victim, and the child victim giving the 9,100
testimony shall not be required to testify at the proceeding 9,101
other than in accordance with the order. The authority of a 9,102
judge to close the taking of a deposition under division (A)(3) 9,104
of this section or a proceeding under division (C) or (D) of this 9,105
section is in addition to the authority of a judge to close a 9,106
hearing pursuant to section 2151.35 of the Revised Code. 9,107
(2) A juvenile judge who makes any determination regarding 9,109
the admissibility of a deposition under divisions (A) and (B) of 9,110
this section, the videotaping of a deposition under division 9,111
(A)(3) of this section, or the taking of testimony outside of the 9,113
room in which a proceeding is being conducted under division (C) 9,114
212
or (D) of this section, shall enter the determination and 9,115
findings on the record in the proceeding. 9,116
Sec. 2152.99. WHOEVER VIOLATES DIVISION (G) OF SECTION 9,118
2152.72 OF THE REVISED CODE IS GUILTY OF A MINOR MISDEMEANOR. 9,119
Sec. 2153.16. The juvenile court shall exercise the 9,128
jurisdiction and powers conferred upon the juvenile court by 9,129
Chapter CHAPTERS 2151. AND 2152. and other sections of the 9,130
Revised Code, unless such THOSE jurisdiction and powers are 9,131
inconsistent with sections 2153.01 to 2153.17, inclusive, of the 9,133
Revised Code, or ARE plainly inapplicable. 9,134
Sec. 2301.03. (A) In Franklin county, the judges of the 9,143
court of common pleas whose terms begin on January 1, 1953, 9,144
January 2, 1953, January 5, 1969, January 5, 1977, and January 2, 9,145
1997, and successors, shall have the same qualifications, 9,146
exercise the same powers and jurisdiction, and receive the same 9,147
compensation as other judges of the court of common pleas of 9,148
Franklin county and shall be elected and designated as judges of 9,149
the court of common pleas, division of domestic relations. They 9,150
shall have all the powers relating to juvenile courts, and all 9,151
cases under Chapter CHAPTERS 2151. AND 2152. of the Revised Code, 9,152
all parentage proceedings under Chapter 3111. of the Revised Code 9,153
over which the juvenile court has jurisdiction, and all divorce, 9,155
dissolution of marriage, legal separation, and annulment cases 9,156
shall be assigned to them. In addition to the judge's regular 9,157
duties, the judge who is senior in point of service shall serve 9,159
on the children services board and the county advisory board and 9,160
shall be the administrator of the domestic relations division and 9,161
its subdivisions and departments.
(B)(1) In Hamilton county, the judge of the court of 9,163
common pleas, whose term begins on January 1, 1957, and 9,164
successors, and the judge of the court of common pleas, whose 9,165
term begins on February 14, 1967, and successors, shall be the 9,166
juvenile judges as provided in Chapter CHAPTERS 2151. AND 2152. 9,168
of the Revised Code, with the powers and jurisdiction conferred 9,169
213
by that chapter.
(2) The judges of the court of common pleas whose terms 9,171
begin on January 5, 1957, January 16, 1981, and July 1, 1991, and 9,172
successors, shall be elected and designated as judges of the 9,173
court of common pleas, division of domestic relations, and shall 9,174
have assigned to them all divorce, dissolution of marriage, legal 9,175
separation, and annulment cases coming before the court. On or 9,176
after the first day of July and before the first day of August of 9,177
1991 and each year thereafter, a majority of the judges of the 9,178
division of domestic relations shall elect one of the judges of 9,179
the division as administrative judge of that division. If a 9,180
majority of the judges of the division of domestic relations are 9,181
unable for any reason to elect an administrative judge for the 9,183
division before the first day of August, a majority of the judges 9,184
of the Hamilton county court of common pleas, as soon as possible 9,185
after that date, shall elect one of the judges of the division of 9,186
domestic relations as administrative judge of that division. The 9,187
term of the administrative judge shall begin on the earlier of 9,188
the first day of August of the year in which the administrative 9,189
judge is elected or the date on which the administrative judge is 9,191
elected by a majority of the judges of the Hamilton county court 9,194
of common pleas and shall terminate on the date on which the 9,195
administrative judge's successor is elected in the following 9,196
year. 9,197
In addition to the judge's regular duties, the 9,199
administrative judge of the division of domestic relations shall 9,201
be the administrator of the domestic relations division and its 9,202
subdivisions and departments and shall have charge of the 9,203
employment, assignment, and supervision of the personnel of the 9,204
division engaged in handling, servicing, or investigating 9,205
divorce, dissolution of marriage, legal separation, and annulment 9,206
cases, including any referees considered necessary by the judges 9,207
in the discharge of their various duties. 9,208
The administrative judge of the division of domestic 9,210
214
relations also shall designate the title, compensation, expense 9,211
allowances, hours, leaves of absence, and vacations of the 9,212
personnel of the division, and shall fix the duties of its 9,213
personnel. The duties of the personnel, in addition to those 9,214
provided for in other sections of the Revised Code, shall include 9,215
the handling, servicing, and investigation of divorce, 9,216
dissolution of marriage, legal separation, and annulment cases 9,217
and counseling and conciliation services that may be made 9,218
available to persons requesting them, whether or not the persons 9,219
are parties to an action pending in the division. 9,220
The board of county commissioners shall appropriate the sum 9,222
of money each year as will meet all the administrative expenses 9,223
of the division of domestic relations, including reasonable 9,224
expenses of the domestic relations judges and the division 9,225
counselors and other employees designated to conduct the 9,226
handling, servicing, and investigation of divorce, dissolution of 9,227
marriage, legal separation, and annulment cases, conciliation and 9,228
counseling, and all matters relating to those cases and 9,229
counseling, and the expenses involved in the attendance of 9,230
division personnel at domestic relations and welfare conferences 9,231
designated by the division, and the further sum each year as will 9,232
provide for the adequate operation of the division of domestic 9,233
relations. 9,234
The compensation and expenses of all employees and the 9,236
salary and expenses of the judges shall be paid by the county 9,237
treasurer from the money appropriated for the operation of the 9,238
division, upon the warrant of the county auditor, certified to by 9,239
the administrative judge of the division of domestic relations. 9,240
The summonses, warrants, citations, subpoenas, and other 9,242
writs of the division may issue to a bailiff, constable, or staff 9,243
investigator of the division or to the sheriff of any county or 9,244
any marshal, constable, or police officer, and the provisions of 9,245
law relating to the subpoenaing of witnesses in other cases shall 9,246
apply insofar as they are applicable. When a summons, warrant, 9,247
215
citation, subpoena, or other writ is issued to an officer, other 9,248
than a bailiff, constable, or staff investigator of the division, 9,249
the expense of serving it shall be assessed as a part of the 9,250
costs in the case involved. 9,251
(3) The judge of the court of common pleas of Hamilton 9,254
County whose term begins on January 3, 1997, shall be elected and 9,255
designated for one term only as the drug court judge of the court 9,256
of common pleas of Hamilton County, and the successors to that 9,258
judge shall be elected and designated as judges of the general 9,259
division of the court of common pleas of Hamilton county and 9,260
shall not have the authority granted by division (B)(3) of this 9,261
section. The drug court judge may accept or reject any case 9,262
referred to the drug court judge under division (B)(3) of this 9,263
section. After the drug court judge accepts a referred case, the 9,264
drug court judge has full authority over the case, including the 9,265
authority to conduct arraignment, accept pleas, enter findings 9,266
and dispositions, conduct trials, order treatment, and if 9,267
treatment is not successfully completed pronounce and enter 9,268
sentence.
A judge of the general division of the court of common 9,270
pleas of Hamilton County and a judge of the Hamilton County 9,272
municipal court may refer to the drug court judge any case, and 9,273
any companion cases, the judge determines meet the criteria 9,274
described under divisions (B)(3)(a) and (b) of this section. If 9,276
the drug court judge accepts referral of a referred case, the 9,277
case, and any companion cases, shall be transferred to the drug 9,279
court judge. A judge may refer a case meeting the criteria
described in divisions (B)(3)(a) and (b) of this section that 9,281
involves a violation of a term of probation to the drug court 9,282
judge, and, if the drug court judge accepts the referral, the 9,284
referring judge and the drug court judge have concurrent 9,285
jurisdiction over the case.
A judge of the general division of the court of common 9,287
pleas of Hamilton County and a judge of the Hamilton County 9,288
216
municipal court may refer a case to the drug court judge under 9,289
division (B)(3) of this section if the judge determines that both 9,290
of the following apply:
(a) One of the following applies: 9,292
(i) The case involves a drug abuse offense, as defined in 9,294
section 2925.01 of the Revised Code, that is a felony of the 9,296
third or fourth degree if the offense is committed prior to July 9,297
1, 1996, a felony of the third, fourth, or fifth degree if the 9,298
offense is committed on or after July 1, 1996, or a misdemeanor. 9,299
(ii) The case involves a theft offense, as defined in 9,301
section 2913.01 of the Revised Code, that is a felony of the 9,303
third or fourth degree if the offense is committed prior to July 9,304
1, 1996, a felony of the third, fourth, or fifth degree if the 9,305
offense is committed on or after July 1, 1996, or a misdemeanor, 9,306
and the defendant is drug or alcohol dependent or in danger of 9,307
becoming drug or alcohol dependent and would benefit from 9,308
treatment.
(b) All of the following apply: 9,310
(i) The case involves a probationable offense or a case in 9,312
which a mandatory prison term is not required to be imposed. 9,313
(ii) The defendant has no history of violent behavior. 9,315
(iii) The defendant has no history of mental illness. 9,317
(iv) The defendant's current or past behavior, or both, is 9,319
drug or alcohol driven. 9,320
(v) The defendant demonstrates a sincere willingness to 9,322
participate in a fifteen-month treatment process. 9,323
(vi) The defendant has no acute health condition. 9,325
(vii) If the defendant is incarcerated, the county 9,327
prosecutor approves of the referral. 9,328
(4) If the administrative judge of the court of common 9,330
pleas of Hamilton county determines that the volume of cases 9,331
pending before the drug court judge does not constitute a 9,332
sufficient caseload for the drug court judge, the administrative 9,333
judge, in accordance with the Rules of Superintendence for Courts 9,334
217
of Common Pleas, shall assign individual cases to the drug court 9,335
judge from the general docket of the court. If the assignments 9,336
so occur, the administrative judge shall cease the assignments 9,337
when the administrative judge determines that the volume of cases 9,338
pending before the drug court judge constitutes a sufficient 9,339
caseload for the drug court judge.
(C) In Lorain county, the judges of the court of common 9,341
pleas whose terms begin on January 3, 1959, January 4, 1989, and 9,342
January 2, 1999, and successors, shall have the same 9,344
qualifications, exercise the same powers and jurisdiction, and 9,345
receive the same compensation as the other judges of the court of 9,346
common pleas of Lorain county and shall be elected and designated 9,347
as the judges of the court of common pleas, division of domestic 9,348
relations. They shall have all of the powers relating to 9,349
juvenile courts, and all cases under Chapter CHAPTERS 2151. AND 9,350
2152. of the Revised Code, all parentage proceedings over which 9,352
the juvenile court has jurisdiction, and all divorce, dissolution 9,353
of marriage, legal separation, and annulment cases shall be 9,354
assigned to them, except cases that for some special reason are 9,355
assigned to some other judge of the court of common pleas. 9,356
(D)(1) In Lucas county, the judges of the court of common 9,358
pleas whose terms begin on January 1, 1955, and January 3, 1965, 9,359
and successors, shall have the same qualifications, exercise the 9,360
same powers and jurisdiction, and receive the same compensation 9,361
as other judges of the court of common pleas of Lucas county and 9,362
shall be elected and designated as judges of the court of common 9,363
pleas, division of domestic relations. All divorce, dissolution 9,364
of marriage, legal separation, and annulment cases shall be 9,365
assigned to them. 9,366
The judge of the division of domestic relations, senior in 9,368
point of service, shall be considered as the presiding judge of 9,369
the court of common pleas, division of domestic relations, and 9,370
shall be charged exclusively with the assignment and division of 9,371
the work of the division and the employment and supervision of 9,372
218
all other personnel of the domestic relations division. 9,373
(2) The judges of the court of common pleas whose terms 9,375
begin on January 5, 1977, and January 2, 1991, and successors 9,376
shall have the same qualifications, exercise the same powers and 9,377
jurisdiction, and receive the same compensation as other judges 9,378
of the court of common pleas of Lucas county, shall be elected 9,379
and designated as judges of the court of common pleas, juvenile 9,380
division, and shall be the juvenile judges as provided in Chapter 9,381
CHAPTERS 2151. AND 2152. of the Revised Code with the powers and 9,383
jurisdictions conferred by that chapter. In addition to the 9,384
judge's regular duties, the judge of the court of common pleas, 9,386
juvenile division, senior in point of service, shall be the 9,387
administrator of the juvenile division and its subdivisions and 9,388
departments and shall have charge of the employment, assignment, 9,389
and supervision of the personnel of the division engaged in 9,390
handling, servicing, or investigating juvenile cases, including 9,391
any referees considered necessary by the judges of the division 9,392
in the discharge of their various duties. 9,393
The judge of the court of common pleas, juvenile division, 9,395
senior in point of service, also shall designate the title, 9,396
compensation, expense allowance, hours, leaves of absence, and 9,397
vacation of the personnel of the division and shall fix the 9,398
duties of the personnel of the division. The duties of the 9,399
personnel, in addition to other statutory duties include the 9,400
handling, servicing, and investigation of juvenile cases and 9,401
counseling and conciliation services that may be made available 9,402
to persons requesting them, whether or not the persons are 9,403
parties to an action pending in the division. 9,404
(3) If one of the judges of the court of common pleas, 9,406
division of domestic relations, or one of the judges of the 9,407
juvenile division is sick, absent, or unable to perform that 9,408
judge's judicial duties or the volume of cases pending in that 9,410
judge's division necessitates it, the duties shall be performed 9,411
by the judges of the other of those divisions. 9,413
219
(E)(1) In Mahoning county, the judge of the court of 9,415
common pleas whose term began on January 1, 1955, and successors, 9,416
shall have the same qualifications, exercise the same powers and 9,417
jurisdiction, and receive the same compensation as other judges 9,418
of the court of common pleas of Mahoning county, shall be elected 9,419
and designated as judge of the court of common pleas, division of 9,420
domestic relations, and shall be assigned all the divorce, 9,423
dissolution of marriage, legal separation, and annulment cases 9,424
coming before the court. In addition to the judge's regular 9,425
duties, the judge of the court of common pleas, division of
domestic relations, shall be the administrator of the domestic 9,426
relations division and its subdivisions and departments and shall 9,427
have charge of the employment, assignment, and supervision of the 9,428
personnel of the division engaged in handling, servicing, or 9,429
investigating divorce, dissolution of marriage, legal separation, 9,430
and annulment cases, including any referees considered necessary 9,431
in the discharge of the various duties of the judge's office. 9,433
The judge also shall designate the title, compensation, 9,435
expense allowances, hours, leaves of absence, and vacations of 9,436
the personnel of the division and shall fix the duties of the 9,437
personnel of the division. The duties of the personnel, in 9,438
addition to other statutory duties, include the handling, 9,439
servicing, and investigation of divorce, dissolution of marriage, 9,440
legal separation, and annulment cases and counseling and 9,441
conciliation services that may be made available to persons 9,442
requesting them, whether or not the persons are parties to an 9,443
action pending in the division. 9,444
(2) The judge of the court of common pleas whose term 9,446
began on January 2, 1969, and successors, shall have the same 9,447
qualifications, exercise the same powers and jurisdiction, and 9,448
receive the same compensation as other judges of the court of 9,449
common pleas of Mahoning county, shall be elected and designated 9,450
as judge of court of common pleas, juvenile division, and shall 9,451
be the juvenile judge as provided in Chapter CHAPTERS 2151. AND 9,453
220
2152. of the Revised Code, with the powers and jurisdictions 9,454
conferred by that chapter. In addition to the judge's regular 9,455
duties, the judge of the court of common pleas, juvenile 9,457
division, shall be the administrator of the juvenile division and 9,458
its subdivisions and departments and shall have charge of the 9,459
employment, assignment, and supervision of the personnel of the 9,460
division engaged in handling, servicing, or investigating 9,461
juvenile cases, including any referees considered necessary by 9,462
the judge in the discharge of the judge's various duties. 9,463
The judge also shall designate the title, compensation, 9,465
expense allowances, hours, leaves of absence, and vacation of the 9,466
personnel of the division and shall fix the duties of the 9,467
personnel of the division. The duties of the personnel, in 9,468
addition to other statutory duties, include the handling, 9,469
servicing, and investigation of juvenile cases and counseling and 9,470
conciliation services that may be made available to persons 9,471
requesting them, whether or not the persons are parties to an 9,472
action pending in the division. 9,473
(3) If a judge of the court of common pleas, division of 9,475
domestic relations or juvenile division, is sick, absent, or 9,476
unable to perform that judge's judicial duties, or the volume of 9,478
cases pending in that judge's division necessitates it, that 9,480
judge's duties shall be performed by another judge of the court 9,481
of common pleas.
(F)(1) In Montgomery county, the judges of the court of 9,483
common pleas whose terms begin on January 2, 1953, and January 4, 9,484
1977, and successors, shall have the same qualifications, 9,485
exercise the same powers and jurisdiction, and receive the same 9,486
compensation as other judges of the court of common pleas of 9,487
Montgomery county and shall be elected and designated as judges 9,488
of the court of common pleas, division of domestic relations. 9,489
These judges shall have assigned to them all divorce, dissolution 9,490
of marriage, legal separation, and annulment cases. 9,491
The judge of the division of domestic relations, senior in 9,493
221
point of service, shall be charged exclusively with the 9,494
assignment and division of the work of the division and shall 9,495
have charge of the employment and supervision of the personnel of 9,496
the division engaged in handling, servicing, or investigating 9,497
divorce, dissolution of marriage, legal separation, and annulment 9,498
cases, including any necessary referees, except those employees 9,499
who may be appointed by the judge, junior in point of service, 9,500
under this section and sections 2301.12, 2301.18, and 2301.19 of 9,501
the Revised Code. The judge of the division of domestic 9,502
relations, senior in point of service, also shall designate the 9,503
title, compensation, expense allowances, hours, leaves of 9,504
absence, and vacation of the personnel of the division and shall 9,505
fix their duties. 9,506
(2) The judges of the court of common pleas whose terms 9,508
begin on January 1, 1953, and January 1, 1993, and successors, 9,509
shall have the same qualifications, exercise the same powers and 9,510
jurisdiction, and receive the same compensation as other judges 9,511
of the court of common pleas of Montgomery county, shall be 9,512
elected and designated as judges of the court of common pleas, 9,513
juvenile division, and shall be, and have the powers and 9,514
jurisdiction of, the juvenile judge as provided in Chapter 9,516
CHAPTERS 2151. AND 2152. of the Revised Code.
In addition to the judge's regular duties, the judge of the 9,518
court of common pleas, juvenile division, senior in point of 9,520
service, shall be the administrator of the juvenile division and 9,521
its subdivisions and departments and shall have charge of the 9,522
employment, assignment, and supervision of the personnel of the 9,523
juvenile division, including any necessary referees, who are 9,524
engaged in handling, servicing, or investigating juvenile cases. 9,525
The judge, senior in point of service, also shall designate the 9,526
title, compensation, expense allowances, hours, leaves of 9,527
absence, and vacation of the personnel of the division and shall 9,528
fix their duties. The duties of the personnel, in addition to 9,529
other statutory duties, shall include the handling, servicing, 9,530
222
and investigation of juvenile cases and of any counseling and 9,531
conciliation services that are available upon request to persons, 9,532
whether or not they are parties to an action pending in the 9,533
division. 9,534
If one of the judges of the court of common pleas, division 9,536
of domestic relations, or one of the judges of the court of 9,537
common pleas, juvenile division, is sick, absent, or unable to 9,538
perform that judge's duties or the volume of cases pending in 9,540
that judge's division necessitates it, the duties of that judge 9,542
may be performed by the judge or judges of the other of those 9,543
divisions.
(G) In Richland county, the judge of the court of common 9,545
pleas whose term begins on January 1, 1957, and successors, shall 9,546
have the same qualifications, exercise the same powers and 9,547
jurisdiction, and receive the same compensation as the other 9,548
judges of the court of common pleas of Richland county and shall 9,549
be elected and designated as judge of the court of common pleas, 9,550
division of domestic relations. That judge shall have all of the 9,552
powers relating to juvenile courts, and all cases under Chapter 9,554
CHAPTERS 2151. AND 2152. of the Revised Code, all parentage 9,555
proceedings over which the juvenile court has jurisdiction, and 9,556
all divorce, dissolution of marriage, legal separation, and 9,557
annulment cases shall be assigned to that judge, except in cases 9,558
that for some special reason are assigned to some other judge of 9,560
the court of common pleas.
(H) In Stark county, the judges of the court of common 9,562
pleas whose terms begin on January 1, 1953, January 2, 1959, and 9,563
January 1, 1993, and successors, shall have the same 9,564
qualifications, exercise the same powers and jurisdiction, and 9,565
receive the same compensation as other judges of the court of 9,566
common pleas of Stark county and shall be elected and designated 9,567
as judges of the court of common pleas, division of domestic 9,568
relations. They shall have all the powers relating to juvenile 9,569
courts, and all cases under Chapter CHAPTERS 2151. AND 2152. of 9,571
223
the Revised Code, all parentage proceedings over which the 9,572
juvenile court has jurisdiction, and all divorce, dissolution of 9,573
marriage, legal separation, and annulment cases, except cases 9,574
that are assigned to some other judge of the court of common 9,575
pleas for some special reason, shall be assigned to the judges. 9,576
The judge of the division of domestic relations, second 9,578
most senior in point of service, shall have charge of the 9,579
employment and supervision of the personnel of the division 9,580
engaged in handling, servicing, or investigating divorce, 9,581
dissolution of marriage, legal separation, and annulment cases, 9,582
and necessary referees required for the judge's respective court. 9,584
The judge of the division of domestic relations, senior in 9,586
point of service, shall be charged exclusively with the 9,587
administration of sections 2151.13, 2151.16, 2151.17, and 2151.18 9,588
2152.71 of the Revised Code and with the assignment and division 9,589
of the work of the division and the employment and supervision of 9,591
all other personnel of the division, including, but not limited 9,592
to, that judge's necessary referees, but excepting those 9,593
employees who may be appointed by the judge second most senior in 9,595
point of service. The senior judge further shall serve in every 9,596
other position in which the statutes permit or require a juvenile 9,598
judge to serve.
(I) In Summit county: 9,600
(1) The judges of the court of common pleas whose terms 9,602
begin on January 4, 1967, and January 6, 1993, and successors, 9,603
shall have the same qualifications, exercise the same powers and 9,604
jurisdiction, and receive the same compensation as other judges 9,605
of the court of common pleas of Summit county and shall be 9,606
elected and designated as judges of the court of common pleas, 9,607
division of domestic relations. The judges of the division of 9,608
domestic relations shall have assigned to them and hear all 9,609
divorce, dissolution of marriage, legal separation, and annulment 9,610
cases that come before the court. 9,611
The judge of the division of domestic relations, senior in 9,613
224
point of service, shall be the administrator of the domestic 9,614
relations division and its subdivisions and departments and shall 9,615
have charge of the employment, assignment, and supervision of the 9,616
personnel of the division, including any necessary referees, who 9,617
are engaged in handling, servicing, or investigating divorce, 9,618
dissolution of marriage, legal separation, and annulment cases. 9,619
That judge also shall designate the title, compensation, expense 9,620
allowances, hours, leaves of absence, and vacations of the 9,621
personnel of the division and shall fix their duties. The duties 9,622
of the personnel, in addition to other statutory duties, shall 9,623
include the handling, servicing, and investigation of divorce, 9,624
dissolution of marriage, legal separation, and annulment cases 9,625
and of any counseling and conciliation services that are 9,626
available upon request to all persons, whether or not they are 9,627
parties to an action pending in the division. 9,628
(2) The judge of the court of common pleas whose term 9,630
begins on January 1, 1955, and successors, shall have the same 9,631
qualifications, exercise the same powers and jurisdiction, and 9,632
receive the same compensation as other judges of the court of 9,633
common pleas of Summit county, shall be elected and designated as 9,634
judge of the court of common pleas, juvenile division, and shall 9,635
be, and have the powers and jurisdiction of, the juvenile judge 9,636
as provided in Chapter CHAPTERS 2151. AND 2152. of the Revised 9,638
Code.
The juvenile judge shall be the administrator of the 9,640
juvenile division and its subdivisions and departments and shall 9,641
have charge of the employment, assignment, and supervision of the 9,642
personnel of the juvenile division, including any necessary 9,643
referees, who are engaged in handling, servicing, or 9,644
investigating juvenile cases. The judge also shall designate the 9,645
title, compensation, expense allowances, hours, leaves of 9,646
absence, and vacation of the personnel of the division and shall 9,647
fix their duties. The duties of the personnel, in addition to 9,648
other statutory duties, shall include the handling, servicing, 9,649
225
and investigation of juvenile cases and of any counseling and 9,650
conciliation services that are available upon request to persons, 9,651
whether or not they are parties to an action pending in the 9,652
division. 9,653
(J) In Trumbull county, the judges of the court of common 9,655
pleas whose terms begin on January 1, 1953, and January 2, 1977, 9,656
and successors, shall have the same qualifications, exercise the 9,657
same powers and jurisdiction, and receive the same compensation 9,658
as other judges of the court of common pleas of Trumbull county 9,659
and shall be elected and designated as judges of the court of 9,660
common pleas, division of domestic relations. They shall have 9,661
all the powers relating to juvenile courts, and all cases under 9,662
Chapter CHAPTERS 2151. AND 2152. of the Revised Code, all 9,664
parentage proceedings over which the juvenile court has 9,665
jurisdiction, and all divorce, dissolution of marriage, legal 9,666
separation, and annulment cases shall be assigned to them, except 9,667
cases that for some special reason are assigned to some other 9,668
judge of the court of common pleas. 9,669
(K) In Butler county: 9,671
(1) The judges of the court of common pleas whose terms 9,673
begin on January 1, 1957, and January 4, 1993, and successors, 9,674
shall have the same qualifications, exercise the same powers and 9,675
jurisdiction, and receive the same compensation as other judges 9,676
of the court of common pleas of Butler county and shall be 9,677
elected and designated as judges of the court of common pleas, 9,678
division of domestic relations. The judges of the division of 9,679
domestic relations shall have assigned to them all divorce, 9,680
dissolution of marriage, legal separation, and annulment cases 9,681
coming before the court, except in cases that for some special 9,682
reason are assigned to some other judge of the court of common 9,683
pleas. The judge senior in point of service shall be charged 9,684
with the assignment and division of the work of the division and 9,685
with the employment and supervision of all other personnel of the 9,686
domestic relations division. 9,687
226
The judge senior in point of service also shall designate 9,689
the title, compensation, expense allowances, hours, leaves of 9,690
absence, and vacations of the personnel of the division and shall 9,691
fix their duties. The duties of the personnel, in addition to 9,692
other statutory duties, shall include the handling, servicing, 9,693
and investigation of divorce, dissolution of marriage, legal 9,694
separation, and annulment cases and providing any counseling and 9,695
conciliation services that the division makes available to 9,696
persons, whether or not the persons are parties to an action 9,697
pending in the division, who request the services. 9,698
(2) The judge of the court of common pleas whose term 9,700
begins on January 3, 1987, and successors, shall have the same 9,701
qualifications, exercise the same powers and jurisdiction, and 9,702
receive the same compensation as other judges of the court of 9,703
common pleas of Butler county, shall be elected and designated as 9,704
judge of the court of common pleas, juvenile division, and shall 9,705
be the juvenile judge as provided in Chapter CHAPTERS 2151. AND 9,707
2152. of the Revised Code, with the powers and jurisdictions 9,708
conferred by that chapter. The judge of the court of common 9,709
pleas, juvenile division, shall be the administrator of the 9,710
juvenile division and its subdivisions and departments. The 9,711
judge shall have charge of the employment, assignment, and 9,712
supervision of the personnel of the juvenile division who are 9,713
engaged in handling, servicing, or investigating juvenile cases, 9,714
including any referees whom the judge considers necessary for the 9,715
discharge of the judge's various duties. 9,716
The judge also shall designate the title, compensation, 9,718
expense allowances, hours, leaves of absence, and vacation of the 9,719
personnel of the division and shall fix their duties. The duties 9,720
of the personnel, in addition to other statutory duties, include 9,721
the handling, servicing, and investigation of juvenile cases and 9,722
providing any counseling and conciliation services that the 9,723
division makes available to persons, whether or not the persons 9,724
are parties to an action pending in the division, who request the 9,725
227
services. 9,726
(3) If a judge of the court of common pleas, division of 9,728
domestic relations or juvenile division, is sick, absent, or 9,729
unable to perform that judge's judicial duties or the volume of 9,731
cases pending in the judge's division necessitates it, the duties 9,733
of that judge shall be performed by the other judges of the 9,734
domestic relations and juvenile divisions. 9,735
(L)(1) In Cuyahoga county, the judges of the court of 9,737
common pleas whose terms begin on January 8, 1961, January 9, 9,738
1961, January 18, 1975, January 19, 1975, and January 13, 1987, 9,739
and successors, shall have the same qualifications, exercise the 9,740
same powers and jurisdiction, and receive the same compensation 9,741
as other judges of the court of common pleas of Cuyahoga county 9,742
and shall be elected and designated as judges of the court of 9,743
common pleas, division of domestic relations. They shall have 9,744
all the powers relating to all divorce, dissolution of marriage, 9,745
legal separation, and annulment cases, except in cases that are 9,746
assigned to some other judge of the court of common pleas for 9,747
some special reason. 9,748
(2) The administrative judge is administrator of the 9,750
domestic relations division and its subdivisions and departments 9,751
and has the following powers concerning division personnel: 9,752
(a) Full charge of the employment, assignment, and 9,754
supervision; 9,755
(b) Sole determination of compensation, duties, expenses, 9,757
allowances, hours, leaves, and vacations. 9,758
(3) "Division personnel" include persons employed or 9,760
referees engaged in hearing, servicing, investigating, 9,761
counseling, or conciliating divorce, dissolution of marriage, 9,762
legal separation and annulment matters. 9,763
(M) In Lake county: 9,765
(1) The judge of the court of common pleas whose term 9,767
begins on January 2, 1961, and successors, shall have the same 9,768
qualifications, exercise the same powers and jurisdiction, and 9,769
228
receive the same compensation as the other judges of the court of 9,770
common pleas of Lake county and shall be elected and designated 9,771
as judge of the court of common pleas, division of domestic 9,772
relations. The judge shall be assigned all the divorce, 9,774
dissolution of marriage, legal separation, and annulment cases 9,775
coming before the court, except in cases that for some special 9,776
reason are assigned to some other judge of the court of common 9,777
pleas. The judge shall be charged with the assignment and 9,778
division of the work of the division and with the employment and 9,779
supervision of all other personnel of the domestic relations 9,780
division. 9,781
The judge also shall designate the title, compensation, 9,783
expense allowances, hours, leaves of absence, and vacations of 9,784
the personnel of the division and shall fix their duties. The 9,785
duties of the personnel, in addition to other statutory duties, 9,786
shall include the handling, servicing, and investigation of 9,787
divorce, dissolution of marriage, legal separation, and annulment 9,788
cases and providing any counseling and conciliation services that 9,789
the division makes available to persons, whether or not the 9,790
persons are parties to an action pending in the division, who 9,791
request the services. 9,792
(2) The judge of the court of common pleas whose term 9,794
begins on January 4, 1979, and successors, shall have the same 9,795
qualifications, exercise the same powers and jurisdiction, and 9,796
receive the same compensation as other judges of the court of 9,797
common pleas of Lake county, shall be elected and designated as 9,798
judge of the court of common pleas, juvenile division, and shall 9,799
be the juvenile judge as provided in Chapter CHAPTERS 2151. AND 9,801
2152. of the Revised Code, with the powers and jurisdictions 9,802
conferred by that chapter. The judge of the court of common 9,803
pleas, juvenile division, shall be the administrator of the 9,804
juvenile division and its subdivisions and departments. The 9,805
judge shall have charge of the employment, assignment, and 9,806
supervision of the personnel of the juvenile division who are 9,807
229
engaged in handling, servicing, or investigating juvenile cases, 9,808
including any referees whom the judge considers necessary for the 9,809
discharge of the judge's various duties. 9,810
The judge also shall designate the title, compensation, 9,812
expense allowances, hours, leaves of absence, and vacation of the 9,813
personnel of the division and shall fix their duties. The duties 9,814
of the personnel, in addition to other statutory duties, include 9,815
the handling, servicing, and investigation of juvenile cases and 9,816
providing any counseling and conciliation services that the 9,817
division makes available to persons, whether or not the persons 9,818
are parties to an action pending in the division, who request the 9,819
services. 9,820
(3) If a judge of the court of common pleas, division of 9,822
domestic relations or juvenile division, is sick, absent, or 9,823
unable to perform that judge's judicial duties or the volume of 9,825
cases pending in the judge's division necessitates it, the duties 9,827
of that judge shall be performed by the other judges of the 9,828
domestic relations and juvenile divisions. 9,829
(N) In Erie county, the judge of the court of common pleas 9,831
whose term begins on January 2, 1971, and successors, shall have 9,832
the same qualifications, exercise the same powers and 9,833
jurisdiction, and receive the same compensation as the other 9,834
judge of the court of common pleas of Erie county and shall be 9,835
elected and designated as judge of the court of common pleas, 9,836
division of domestic relations. The judge shall have all the 9,837
powers relating to juvenile courts, and shall be assigned all 9,838
cases under Chapter CHAPTERS 2151. AND 2152. of the Revised Code, 9,841
parentage proceedings over which the juvenile court has 9,843
jurisdiction, and divorce, dissolution of marriage, legal 9,844
separation, and annulment cases, except cases that for some
special reason are assigned to some other judge. 9,846
(O) In Greene county: 9,848
(1) The judge of the court of common pleas whose term 9,850
begins on January 1, 1961, and successors, shall have the same 9,851
230
qualifications, exercise the same powers and jurisdiction, and 9,852
receive the same compensation as the other judges of the court of 9,853
common pleas of Greene county and shall be elected and designated 9,854
as the judge of the court of common pleas, division of domestic 9,855
relations. The judge shall be assigned all divorce, dissolution 9,857
of marriage, legal separation, annulment, uniform reciprocal 9,858
support enforcement, and domestic violence cases and all other 9,859
cases related to domestic relations, except cases that for some 9,860
special reason are assigned to some other judge of the court of 9,861
common pleas.
The judge shall be charged with the assignment and division 9,863
of the work of the division and with the employment and 9,864
supervision of all other personnel of the division. The judge 9,866
also shall designate the title, compensation, hours, leaves of 9,868
absence, and vacations of the personnel of the division and shall 9,869
fix their duties. The duties of the personnel of the division, 9,870
in addition to other statutory duties, shall include the 9,871
handling, servicing, and investigation of divorce, dissolution of 9,872
marriage, legal separation, and annulment cases and the provision 9,873
of counseling and conciliation services that the division 9,874
considers necessary and makes available to persons who request 9,875
the services, whether or not the persons are parties in an action 9,876
pending in the division. The compensation for the personnel 9,877
shall be paid from the overall court budget and shall be included 9,878
in the appropriations for the existing judges of the general 9,879
division of the court of common pleas.
(2) The judge of the court of common pleas whose term 9,881
begins on January 1, 1995, and successors, shall have the same 9,882
qualifications, exercise the same powers and jurisdiction, and 9,883
receive the same compensation as the other judges of the court of 9,884
common pleas of Greene county, shall be elected and designated as 9,885
judge of the court of common pleas, juvenile division, and, on or 9,886
after January 1, 1995, shall be the juvenile judge as provided in 9,887
Chapter CHAPTERS 2151. AND 2152. of the Revised Code with the 9,889
231
powers and jurisdiction conferred by that chapter. The judge of 9,890
the court of common pleas, juvenile division, shall be the 9,891
administrator of the juvenile division and its subdivisions and 9,892
departments. The judge shall have charge of the employment, 9,893
assignment, and supervision of the personnel of the juvenile 9,894
division who are engaged in handling, servicing, or investigating 9,895
juvenile cases, including any referees whom the judge considers 9,896
necessary for the discharge of the judge's various duties. 9,897
The judge also shall designate the title, compensation, 9,899
expense allowances, hours, leaves of absence, and vacation of the 9,900
personnel of the division and shall fix their duties. The duties 9,901
of the personnel, in addition to other statutory duties, include 9,902
the handling, servicing, and investigation of juvenile cases and 9,903
providing any counseling and conciliation services that the court 9,904
makes available to persons, whether or not the persons are 9,905
parties to an action pending in the court, who request the 9,906
services. 9,907
(3) If one of the judges of the court of common pleas, 9,909
general division, is sick, absent, or unable to perform that 9,910
judge's judicial duties or the volume of cases pending in the 9,911
general division necessitates it, the duties of that judge of the 9,913
general division shall be performed by the judge of the division 9,914
of domestic relations and the judge of the juvenile division. 9,915
(P) In Portage county, the judge of the court of common 9,917
pleas, whose term begins January 2, 1987, and successors, shall 9,918
have the same qualifications, exercise the same powers and 9,919
jurisdiction, and receive the same compensation as the other 9,920
judges of the court of common pleas of Portage county and shall 9,921
be elected and designated as judge of the court of common pleas, 9,922
division of domestic relations. The judge shall be assigned all 9,924
divorce, dissolution of marriage, legal separation, and annulment 9,926
cases coming before the court, except in cases that for some 9,927
special reason are assigned to some other judge of the court of 9,928
common pleas. The judge shall be charged with the assignment and 9,929
232
division of the work of the division and with the employment and 9,930
supervision of all other personnel of the domestic relations 9,931
division.
The judge also shall designate the title, compensation, 9,933
expense allowances, hours, leaves of absence, and vacations of 9,934
the personnel of the division and shall fix their duties. The 9,935
duties of the personnel, in addition to other statutory duties, 9,936
shall include the handling, servicing, and investigation of 9,937
divorce, dissolution of marriage, legal separation, and annulment 9,938
cases and providing any counseling and conciliation services that 9,939
the division makes available to persons, whether or not the 9,940
persons are parties to an action pending in the division, who 9,941
request the services. 9,942
(Q) In Clermont county, the judge of the court of common 9,944
pleas, whose term begins January 2, 1987, and successors, shall 9,945
have the same qualifications, exercise the same powers and 9,946
jurisdiction, and receive the same compensation as the other 9,947
judges of the court of common pleas of Clermont county and shall 9,948
be elected and designated as judge of the court of common pleas, 9,949
division of domestic relations. The judge shall be assigned all 9,951
divorce, dissolution of marriage, legal separation, and annulment 9,953
cases coming before the court, except in cases that for some 9,954
special reason are assigned to some other judge of the court of 9,955
common pleas. The judge shall be charged with the assignment and 9,956
division of the work of the division and with the employment and 9,957
supervision of all other personnel of the domestic relations 9,958
division.
The judge also shall designate the title, compensation, 9,960
expense allowances, hours, leaves of absence, and vacations of 9,961
the personnel of the division and shall fix their duties. The 9,962
duties of the personnel, in addition to other statutory duties, 9,963
shall include the handling, servicing, and investigation of 9,964
divorce, dissolution of marriage, legal separation, and annulment 9,965
cases and providing any counseling and conciliation services that 9,966
233
the division makes available to persons, whether or not the 9,967
persons are parties to an action pending in the division, who 9,968
request the services. 9,969
(R) In Warren county, the judge of the court of common 9,971
pleas, whose term begins January 1, 1987, and successors, shall 9,972
have the same qualifications, exercise the same powers and 9,973
jurisdiction, and receive the same compensation as the other 9,974
judges of the court of common pleas of Warren county and shall be 9,975
elected and designated as judge of the court of common pleas, 9,976
division of domestic relations. The judge shall be assigned all 9,978
divorce, dissolution of marriage, legal separation, and annulment 9,980
cases coming before the court, except in cases that for some 9,981
special reason are assigned to some other judge of the court of 9,982
common pleas. The judge shall be charged with the assignment and 9,983
division of the work of the division and with the employment and 9,984
supervision of all other personnel of the domestic relations 9,985
division.
The judge also shall designate the title, compensation, 9,987
expense allowances, hours, leaves of absence, and vacations of 9,988
the personnel of the division and shall fix their duties. The 9,989
duties of the personnel, in addition to other statutory duties, 9,990
shall include the handling, servicing, and investigation of 9,991
divorce, dissolution of marriage, legal separation, and annulment 9,992
cases and providing any counseling and conciliation services that 9,993
the division makes available to persons, whether or not the 9,994
persons are parties to an action pending in the division, who 9,995
request the services. 9,996
(S) In Licking county, the judge of the court of common 9,998
pleas, whose term begins January 1, 1991, and successors, shall 9,999
have the same qualifications, exercise the same powers and 10,000
jurisdiction, and receive the same compensation as the other 10,001
judges of the court of common pleas of Licking county and shall 10,002
be elected and designated as judge of the court of common pleas, 10,003
division of domestic relations. The judge shall be assigned all 10,005
234
divorce, dissolution of marriage, legal separation, and annulment 10,007
cases, all cases arising under Chapter 3111. of the Revised Code, 10,008
all proceedings involving child support, the allocation of 10,009
parental rights and responsibilities for the care of children and 10,010
the designation for the children of a place of residence and 10,011
legal custodian, and visitation, and all post-decree proceedings 10,012
and matters arising from those cases and proceedings, except in 10,013
cases that for some special reason are assigned to another judge 10,014
of the court of common pleas. The judge shall be charged with 10,015
the assignment and division of the work of the division and with 10,016
the employment and supervision of the personnel of the division. 10,017
The judge shall designate the title, compensation, expense 10,019
allowances, hours, leaves of absence, and vacations of the 10,020
personnel of the division and shall fix the duties of the 10,021
personnel of the division. The duties of the personnel of the 10,022
division, in addition to other statutory duties, shall include 10,023
the handling, servicing, and investigation of divorce, 10,024
dissolution of marriage, legal separation, and annulment cases, 10,025
cases arising under Chapter 3111. of the Revised Code, and 10,026
proceedings involving child support, the allocation of parental 10,027
rights and responsibilities for the care of children and the 10,028
designation for the children of a place of residence and legal 10,029
custodian, and visitation and providing any counseling and 10,030
conciliation services that the division makes available to 10,031
persons, whether or not the persons are parties to an action 10,032
pending in the division, who request the services. 10,033
(T) In Allen county, the judge of the court of common 10,035
pleas, whose term begins January 1, 1993, and successors, shall 10,036
have the same qualifications, exercise the same powers and 10,037
jurisdiction, and receive the same compensation as the other 10,038
judges of the court of common pleas of Allen county and shall be 10,039
elected and designated as judge of the court of common pleas, 10,040
division of domestic relations. The judge shall be assigned all 10,042
divorce, dissolution of marriage, legal separation, and annulment 10,044
235
cases, all cases arising under Chapter 3111. of the Revised Code, 10,045
all proceedings involving child support, the allocation of 10,046
parental rights and responsibilities for the care of children and 10,047
the designation for the children of a place of residence and 10,048
legal custodian, and visitation, and all post-decree proceedings 10,049
and matters arising from those cases and proceedings, except in 10,050
cases that for some special reason are assigned to another judge 10,051
of the court of common pleas. The judge shall be charged with 10,052
the assignment and division of the work of the division and with 10,053
the employment and supervision of the personnel of the division. 10,054
The judge shall designate the title, compensation, expense 10,056
allowances, hours, leaves of absence, and vacations of the 10,057
personnel of the division and shall fix the duties of the 10,058
personnel of the division. The duties of the personnel of the 10,059
division, in addition to other statutory duties, shall include 10,060
the handling, servicing, and investigation of divorce, 10,061
dissolution of marriage, legal separation, and annulment cases, 10,062
cases arising under Chapter 3111. of the Revised Code, and 10,063
proceedings involving child support, the allocation of parental 10,064
rights and responsibilities for the care of children and the 10,065
designation for the children of a place of residence and legal 10,066
custodian, and visitation, and providing any counseling and 10,067
conciliation services that the division makes available to 10,068
persons, whether or not the persons are parties to an action 10,069
pending in the division, who request the services. 10,070
(U) In Medina county, the judge of the court of common 10,072
pleas whose term begins January 1, 1995, and successors, shall 10,073
have the same qualifications, exercise the same powers and 10,074
jurisdiction, and receive the same compensation as other judges 10,075
of the court of common pleas of Medina county and shall be 10,076
elected and designated as judge of the court of common pleas, 10,077
division of domestic relations. The judge shall be assigned all 10,079
divorce, dissolution of marriage, legal separation, and annulment 10,081
cases, all cases arising under Chapter 3111. of the Revised Code, 10,082
236
all proceedings involving child support, the allocation of 10,083
parental rights and responsibilities for the care of children and 10,084
the designation for the children of a place of residence and 10,085
legal custodian, and visitation, and all post-decree proceedings 10,086
and matters arising from those cases and proceedings, except in 10,087
cases that for some special reason are assigned to another judge 10,088
of the court of common pleas. The judge shall be charged with 10,089
the assignment and division of the work of the division and with 10,090
the employment and supervision of the personnel of the division. 10,091
The judge shall designate the title, compensation, expense 10,093
allowances, hours, leaves of absence, and vacations of the 10,094
personnel of the division and shall fix the duties of the 10,095
personnel of the division. The duties of the personnel, in 10,096
addition to other statutory duties, include the handling, 10,097
servicing, and investigation of divorce, dissolution of marriage, 10,098
legal separation, and annulment cases, cases arising under 10,099
Chapter 3111. of the Revised Code, and proceedings involving 10,100
child support, the allocation of parental rights and 10,101
responsibilities for the care of children and the designation for 10,102
the children of a place of residence and legal custodian, and 10,103
visitation, and providing counseling and conciliation services 10,104
that the division makes available to persons, whether or not the 10,105
persons are parties to an action pending in the division, who 10,106
request the services. 10,107
(V) In Fairfield county, the judge of the court of common 10,109
pleas whose term begins January 2, 1995, and successors, shall 10,110
have the same qualifications, exercise the same powers and 10,111
jurisdiction, and receive the same compensation as the other 10,112
judges of the court of common pleas of Fairfield county and shall 10,113
be elected and designated as judge of the court of common pleas, 10,114
division of domestic relations. The judge shall be assigned all 10,116
divorce, dissolution of marriage, legal separation, and annulment 10,118
cases, all cases arising under Chapter 3111. of the Revised Code, 10,119
all proceedings involving child support, the allocation of 10,120
237
parental rights and responsibilities for the care of children and 10,121
the designation for the children of a place of residence and 10,122
legal custodian, and visitation, and all post-decree proceedings 10,123
and matters arising from those cases and proceedings, except in 10,124
cases that for some special reason are assigned to another judge 10,125
of the court of common pleas. The judge also has concurrent 10,126
jurisdiction with the probate-juvenile division of the court of
common pleas of Fairfield county with respect to and may hear 10,127
cases to determine the custody of a child, as defined in section 10,128
2151.011 of the Revised Code, who is not the ward of another 10,129
court of this state, cases that are commenced by a parent, 10,130
guardian, or custodian of a child, as defined in section 2151.011
of the Revised Code, to obtain an order requiring a parent of the 10,131
child to pay child support for that child when the request for 10,132
that order is not ancillary to an action for divorce, dissolution 10,133
of marriage, annulment, or legal separation, a criminal or civil 10,134
action involving an allegation of domestic violence, an action 10,135
for support under Chapter 3115. of the Revised Code, or an action
that is within the exclusive original jurisdiction of the 10,136
probate-juvenile division of the court of common pleas of 10,137
Fairfield county and that involves an allegation that the child 10,138
is an abused, neglected, or dependent child, and post-decree 10,139
proceedings and matters arising from those types of cases.
The judge of the domestic relations division shall be 10,141
charged with the assignment and division of the work of the 10,144
division and with the employment and supervision of the personnel 10,145
of the division.
The judge shall designate the title, compensation, expense 10,147
allowances, hours, leaves of absence, and vacations of the 10,148
personnel of the division and shall fix the duties of the 10,149
personnel of the division. The duties of the personnel of the 10,150
division, in addition to other statutory duties, shall include 10,151
the handling, servicing, and investigation of divorce, 10,152
dissolution of marriage, legal separation, and annulment cases, 10,153
238
cases arising under Chapter 3111. of the Revised Code, and 10,154
proceedings involving child support, the allocation of parental 10,155
rights and responsibilities for the care of children and the 10,156
designation for the children of a place of residence and legal 10,157
custodian, and visitation, and providing any counseling and 10,158
conciliation services that the division makes available to 10,159
persons, regardless of whether the persons are parties to an 10,160
action pending in the division, who request the services. When 10,162
the judge hears a case to determine the custody of a child, as
defined in section 2151.011 of the Revised Code, who is not the 10,163
ward of another court of this state or a case that is commenced 10,164
by a parent, guardian, or custodian of a child, as defined in 10,165
section 2151.011 of the Revised Code, to obtain an order 10,166
requiring a parent of the child to pay child support for that
child when the request for that order is not ancillary to an 10,167
action for divorce, dissolution of marriage, annulment, or legal 10,168
separation, a criminal or civil action involving an allegation of 10,169
domestic violence, an action for support under Chapter 3115. of 10,170
the Revised Code, or an action that is within the exclusive 10,171
original jurisdiction of the probate-juvenile division of the
court of common pleas of Fairfield county and that involves an 10,173
allegation that the child is an abused, neglected, or dependent 10,174
child, the duties of the personnel of the domestic relations 10,175
division also include the handling, servicing, and investigation 10,176
of those types of cases.
(W)(1) In Clark county, the judge of the court of common 10,178
pleas whose term begins on January 2, 1995, and successors, shall 10,179
have the same qualifications, exercise the same powers and 10,180
jurisdiction, and receive the same compensation as other judges 10,181
of the court of common pleas of Clark county and shall be elected 10,182
and designated as judge of the court of common pleas, domestic 10,183
relations division. The judge shall have all the powers relating 10,185
to juvenile courts, and all cases under Chapter CHAPTERS 2151. 10,187
AND 2152. of the Revised Code and all parentage proceedings under 10,188
239
Chapter 3111. of the Revised Code over which the juvenile court 10,189
has jurisdiction shall be assigned to the judge of the division 10,190
of domestic relations. All divorce, dissolution of marriage, 10,191
legal separation, annulment, uniform reciprocal support 10,192
enforcement, and other cases related to domestic relations shall 10,193
be assigned to the domestic relations division, and the presiding 10,194
judge of the court of common pleas shall assign the cases to the 10,195
judge of the domestic relations division and the judges of the 10,196
general division. 10,197
(2) In addition to the judge's regular duties, the judge 10,199
of the division of domestic relations shall serve on the children 10,201
services board and the county advisory board. 10,202
(3) If the judge of the court of common pleas of Clark 10,204
county, division of domestic relations, is sick, absent, or 10,205
unable to perform that judge's judicial duties or if the 10,206
presiding judge of the court of common pleas of Clark county 10,209
determines that the volume of cases pending in the division of 10,210
domestic relations necessitates it, the duties of the judge of 10,211
the division of domestic relations shall be performed by the 10,212
judges of the general division or probate division of the court 10,213
of common pleas of Clark county, as assigned for that purpose by 10,214
the presiding judge of that court, and the judges so assigned 10,215
shall act in conjunction with the judge of the division of 10,216
domestic relations of that court. 10,217
(X) In Scioto county, the judge of the court of common 10,219
pleas whose term begins January 2, 1995, and successors, shall 10,221
have the same qualifications, exercise the same powers and 10,222
jurisdiction, and receive the same compensation as other judges 10,223
of the court of common pleas of Scioto county and shall be 10,224
elected and designated as judge of the court of common pleas, 10,225
division of domestic relations. The judge shall be assigned all 10,227
divorce, dissolution of marriage, legal separation, and annulment 10,229
cases, all cases arising under Chapter 3111. of the Revised Code, 10,230
all proceedings involving child support, the allocation of 10,231
240
parental rights and responsibilities for the care of children and 10,232
the designation for the children of a place of residence and 10,233
legal custodian, visitation, and all post-decree proceedings and 10,234
matters arising from those cases and proceedings, except in cases 10,235
that for some special reason are assigned to another judge of the 10,236
court of common pleas. The judge shall be charged with the 10,237
assignment and division of the work of the division and with the 10,238
employment and supervision of the personnel of the division. 10,239
The judge shall designate the title, compensation, expense 10,241
allowances, hours, leaves of absence, and vacations of the 10,242
personnel of the division and shall fix the duties of the 10,243
personnel of the division. The duties of the personnel, in 10,244
addition to other statutory duties, include the handling, 10,245
servicing, and investigation of divorce, dissolution of marriage, 10,246
legal separation, and annulment cases, cases arising under 10,247
Chapter 3111. of the Revised Code, and proceedings involving 10,248
child support, the allocation of parental rights and 10,249
responsibilities for the care of children and the designation for 10,250
the children of a place of residence and legal custodian, and 10,251
visitation, and providing counseling and conciliation services 10,252
that the division makes available to persons, whether or not the 10,253
persons are parties to an action pending in the division, who 10,254
request the services. 10,255
(Y) In Auglaize county, the judge of the probate and 10,257
juvenile divisions of the Auglaize county court of common pleas 10,258
also shall be the administrative judge of the domestic relations 10,259
division of the court and shall be assigned all divorce, 10,261
dissolution of marriage, legal separation, and annulment cases 10,262
coming before the court. The judge shall have all powers as 10,263
administrator of the domestic relations division and shall have 10,264
charge of the personnel engaged in handling, servicing, or 10,265
investigating divorce, dissolution of marriage, legal separation, 10,266
and annulment cases, including any referees considered necessary 10,267
for the discharge of the judge's various duties. 10,268
241
(Z)(1) In Marion county, the judge of the court of common 10,271
pleas whose term begins on February 9, 1999, and the successors 10,272
to that judge, shall have the same qualifications, exercise the 10,273
same powers and jurisdiction, and receive the same compensation
as the other judges of the court of common pleas of Marion county 10,275
and shall be elected and designated as judge of the court of 10,276
common pleas, domestic relations-juvenile-probate division. 10,277
Except as otherwise specified in this division, that judge, and 10,278
the successors to that judge, shall have all the powers relating 10,279
to juvenile courts, and all cases under Chapter 2151. of the 10,280
Revised Code, all cases arising under Chapter 3111. of the 10,281
Revised Code, all divorce, dissolution of marriage, legal 10,282
separation, and annulment cases, all proceedings involving child 10,283
support, the allocation of parental rights and responsibilities 10,284
for the care of children and the designation for the children of 10,285
a place of residence and legal custodian, and visitation, and all
post-decree proceedings and matters arising from those cases and 10,286
proceedings shall be assigned to that judge and the successors to 10,287
that judge. Except as provided in division (Z)(2) of this 10,288
section and notwithstanding any other provision of any section of 10,289
the Revised Code, on and after February 9, 2003, the judge of the 10,291
court of common pleas of Marion county whose term begins on 10,292
February 9, 1999, and the successors to that judge, shall have 10,293
all the powers relating to the probate division of the court of 10,294
common pleas of Marion county in addition to the powers 10,295
previously specified in this division, and shall exercise 10,296
concurrent jurisdiction with the judge of the probate division of 10,297
that court over all matters that are within the jurisdiction of 10,298
the probate division of that court under Chapter 2101., and other 10,299
provisions, of the Revised Code in addition to the jurisdiction 10,300
of the domestic relations-juvenile-probate division of that court 10,301
otherwise specified in division (Z)(1) of this section. 10,302
(2) The judge of the domestic relations-juvenile-probate 10,304
division of the court of common pleas of Marion county or the 10,305
242
judge of the probate division of the court of common pleas of 10,306
Marion county, whichever of those judges is senior in total 10,308
length of service on the court of common pleas of Marion county, 10,309
regardless of the division or divisions of service, shall serve 10,310
as the clerk of the probate division of the court of common pleas 10,311
of Marion county.
(3) On and after February 9, 2003, all references in law 10,314
to "the probate court," "the probate judge," "the juvenile
court," or "the judge of the juvenile court" shall be construed, 10,315
with respect to Marion county, as being references to both "the 10,317
probate division" and "the domestic relations-juvenile-probate
division" and as being references to both "the judge of the 10,318
probate division" and "the judge of the domestic relations- 10,319
juvenile-probate division." On and after February 9, 2003, all 10,320
references in law to "the clerk of the probate court" shall be 10,321
construed, with respect to Marion county, as being references to 10,322
the judge who is serving pursuant to division (Z)(2) of this 10,323
section as the clerk of the probate division of the court of 10,324
common pleas of Marion county.
(AA) If a judge of the court of common pleas, division of 10,326
domestic relations, or juvenile judge, of any of the counties 10,327
mentioned in this section is sick, absent, or unable to perform 10,328
that judge's judicial duties or the volume of cases pending in 10,330
the judge's division necessitates it, the duties of that judge 10,331
shall be performed by another judge of the court of common pleas 10,332
of that county, assigned for that purpose by the presiding judge 10,333
of the court of common pleas of that county to act in place of or 10,334
in conjunction with that judge, as the case may require. 10,335
Sec. 2701.03. (A) If a judge of the court of common pleas 10,345
allegedly is interested in a proceeding pending before the court, 10,346
allegedly is related to or has a bias or prejudice for or against 10,347
a party to a proceeding pending before the court or a party's 10,349
counsel, or allegedly otherwise is disqualified to preside in a 10,350
proceeding pending before the court, any party to the proceeding 10,351
243
or the party's counsel may file an affidavit of disqualification 10,352
with the clerk of the supreme court in accordance with division 10,353
(B) of this section. 10,354
(B) An affidavit of disqualification filed under section 10,357
2101.39 or 2501.13 of the Revised Code or division (A) of this
section shall be filed with the clerk of the supreme court not 10,358
less than seven calendar days before the day on which the next 10,359
hearing in the proceeding is scheduled and shall include all of 10,360
the following:
(1) The specific allegations on which the claim of 10,362
interest, bias, prejudice, or disqualification is based and the 10,363
facts to support each of those allegations or, in relation to an 10,364
affidavit filed against a judge of a court of appeals, a specific 10,365
allegation that the judge presided in the lower court in the same 10,366
proceeding and the facts to support that allegation;
(2) The jurat of a notary public or another person 10,368
authorized to administer oaths or affirmations; 10,369
(3) A certificate indicating that a copy of the affidavit 10,371
has been served on the probate judge, judge of a court of 10,372
appeals, or judge of a court of common pleas against whom the 10,373
affidavit is filed and on all other parties or their counsel; 10,374
(4) The date of the next scheduled hearing in the 10,376
proceeding or, if there is no hearing scheduled, a statement that 10,377
there is no hearing scheduled.
(C)(1) Except as provided in division (C)(2) of this 10,380
section, when an affidavit of disqualification is presented to 10,381
the clerk of the supreme court for filing under division (B) of 10,382
this section, all of the following apply:
(a) The clerk of the supreme court shall accept the 10,385
affidavit for filing and shall forward the affidavit to the chief 10,386
justice of the supreme court. 10,387
(b) The supreme court shall send notice of the filing of 10,390
the affidavit to the probate court served by the judge if the
affidavit is filed against a probate court judge, to the clerk of 10,391
244
the court of appeals served by the judge if the affidavit is 10,392
filed against a judge of a court of appeals, or to the clerk of 10,393
the court of common pleas served by the judge if the affidavit is 10,394
filed against a judge of a court of common pleas. 10,395
(c) Upon receipt of the notice under division (C)(1)(b) of 10,398
this section, the probate court, the clerk of the court of 10,399
appeals, or the clerk of the court of common pleas shall enter
the fact of the filing of the affidavit on the docket of the 10,400
probate court, the docket of the court of appeals, or the docket 10,401
in the proceeding in the court of common pleas. 10,402
(2) The clerk of the supreme court shall not accept an 10,405
affidavit of disqualification presented for filing under division
(B) of this section if it is not timely presented for filing or 10,407
does not satisfy the requirements of divisions (B)(2), (3), and 10,408
(4) of this section.
(D)(1) Except as provided in divisions (D)(2) to (4) of 10,411
this section, if the clerk of the supreme court accepts an 10,412
affidavit of disqualification for filing under divisions (B) and 10,413
(C) of this section, the affidavit deprives the judge against 10,414
whom the affidavit was filed of any authority to preside in the 10,415
proceeding until the chief justice of the supreme court, or a
justice of the supreme court designated by the chief justice, 10,416
rules on the affidavit pursuant to division (E) of this section. 10,417
(2) A judge against whom an affidavit of disqualification 10,419
has been filed under divisions (B) and (C) of this section may do 10,420
any of the following that is applicable: 10,421
(a) If, based on the scheduled hearing date, the affidavit 10,423
was not timely filed, the judge may preside in the proceeding. 10,424
(b) If the proceeding is a domestic relations proceeding, 10,426
the judge may issue any temporary order relating to spousal 10,427
support pendente lite and the support, maintenance, and 10,428
allocation of parental rights and responsibilities for the care 10,429
of children.
(c) If the proceeding pertains to a complaint brought 10,431
245
pursuant to Chapter 2151. OR 2152. of the Revised Code, the judge 10,433
may issue any temporary order pertaining to the relation and
conduct of any other person toward a child who is the subject of 10,434
a complaint as the interest and welfare of the child may require. 10,435
(3) A judge against whom an affidavit of disqualification 10,437
has been filed under divisions (B) and (C) of this section may 10,438
determine a matter that does not affect a substantive right of 10,439
any of the parties.
(4) If the clerk of the supreme court accepts an affidavit 10,441
of disqualification for filing under divisions (B) and (C) of 10,443
this section, if the chief justice of the supreme court, or a
justice of the supreme court designated by the chief justice, 10,444
denies the affidavit of disqualification pursuant to division (E) 10,445
of this section, and if, after the denial, a second or subsequent 10,446
affidavit of disqualification regarding the same judge and the 10,447
same proceeding is filed by the same party who filed or on whose 10,448
behalf was filed the affidavit that was denied or by counsel for 10,449
the same party who filed or on whose behalf was filed the 10,450
affidavit that was denied, the judge against whom the second or
subsequent affidavit is filed may preside in the proceeding prior 10,451
to the ruling of the chief justice of the supreme court, or a 10,452
justice designated by the chief justice, on the second or 10,453
subsequent affidavit.
(E) If the clerk of the supreme court accepts an affidavit 10,456
of disqualification for filing under divisions (B) and (C) of 10,458
this section and if the chief justice of the supreme court, or
any justice of the supreme court designated by the chief justice, 10,459
determines that the interest, bias, prejudice, or 10,460
disqualification alleged in the affidavit does not exist, the 10,461
chief justice or the designated justice shall issue an entry
denying the affidavit of disqualification. If the chief justice 10,463
of the supreme court, or any justice of the supreme court 10,464
designated by the chief justice, determines that the interest, 10,465
bias, prejudice, or disqualification alleged in the affidavit 10,466
246
exists, the chief justice or the designated justice shall issue 10,468
an entry that disqualifies that judge from presiding in the
proceeding and either order that the proceeding be assigned to 10,469
another judge of the court of which the disqualified judge is a 10,470
member, to a judge of another court, or to a retired judge. 10,471
Sec. 2744.01. As used in this chapter: 10,480
(A) "Emergency call" means a call to duty, including, but 10,482
not limited to, communications from citizens, police dispatches, 10,483
and personal observations by peace officers of inherently 10,484
dangerous situations that demand an immediate response on the 10,485
part of a peace officer. 10,486
(B) "Employee" means an officer, agent, employee, or 10,488
servant, whether or not compensated or full-time or part-time, 10,489
who is authorized to act and is acting within the scope of the 10,491
officer's, agent's, employee's, or servant's employment for a 10,492
political subdivision. "Employee" does not include an 10,493
independent contractor and does not include any individual 10,494
engaged by a school district pursuant to section 3319.301 of the 10,495
Revised Code. "Employee" includes any elected or appointed 10,496
official of a political subdivision. "Employee" also includes a 10,497
person who has been convicted of or pleaded guilty to a criminal 10,498
offense and who has been sentenced to perform community service 10,499
work in a political subdivision whether pursuant to section 10,500
2951.02 of the Revised Code or otherwise, and a child who is 10,501
found to be a delinquent child and who is ordered by a juvenile 10,502
court pursuant to section 2151.355 2152.19 OR 2152.20 of the 10,503
Revised Code to perform community service or community work in a 10,504
political subdivision. 10,505
(C)(1) "Governmental function" means a function of a 10,507
political subdivision that is specified in division (C)(2) of 10,508
this section or that satisfies any of the following: 10,509
(a) A function that is imposed upon the state as an 10,511
obligation of sovereignty and that is performed by a political 10,512
subdivision voluntarily or pursuant to legislative requirement; 10,513
247
(b) A function that is for the common good of all citizens 10,515
of the state; 10,516
(c) A function that promotes or preserves the public 10,518
peace, health, safety, or welfare; that involves activities that 10,519
are not engaged in or not customarily engaged in by 10,520
nongovernmental persons; and that is not specified in division 10,521
(G)(2) of this section as a proprietary function. 10,522
(2) A "governmental function" includes, but is not limited 10,524
to, the following: 10,525
(a) The provision or nonprovision of police, fire, 10,527
emergency medical, ambulance, and rescue services or protection; 10,528
(b) The power to preserve the peace; to prevent and 10,530
suppress riots, disturbances, and disorderly assemblages; to 10,531
prevent, mitigate, and clean up releases of oil and hazardous and 10,532
extremely hazardous substances as defined in section 3750.01 of 10,533
the Revised Code; and to protect persons and property; 10,534
(c) The provision of a system of public education; 10,536
(d) The provision of a free public library system; 10,538
(e) The regulation of the use of, and the maintenance and 10,540
repair of, roads, highways, streets, avenues, alleys, sidewalks, 10,541
bridges, aqueducts, viaducts, and public grounds; 10,542
(f) Judicial, quasi-judicial, prosecutorial, legislative, 10,544
and quasi-legislative functions; 10,545
(g) The construction, reconstruction, repair, renovation, 10,547
maintenance, and operation of buildings that are used in 10,548
connection with the performance of a governmental function, 10,549
including, but not limited to, office buildings and courthouses; 10,550
(h) The design, construction, reconstruction, renovation, 10,552
repair, maintenance, and operation of jails, places of juvenile 10,553
detention, workhouses, or any other detention facility, as 10,554
defined in section 2921.01 of the Revised Code; 10,555
(i) The enforcement or nonperformance of any law; 10,557
(j) The regulation of traffic, and the erection or 10,559
nonerection of traffic signs, signals, or control devices; 10,560
248
(k) The collection and disposal of solid wastes, as 10,562
defined in section 3734.01 of the Revised Code, including, but 10,563
not limited to, the operation of solid waste disposal facilities, 10,564
as "facilities" is defined in that section, and the collection 10,565
and management of hazardous waste generated by households. As 10,566
used in division (C)(2)(k) of this section, "hazardous waste 10,567
generated by households" means solid waste originally generated 10,568
by individual households that is listed specifically as hazardous 10,569
waste in or exhibits one or more characteristics of hazardous 10,570
waste as defined by rules adopted under section 3734.12 of the 10,571
Revised Code, but that is excluded from regulation as a hazardous 10,572
waste by those rules. 10,573
(l) The provision or nonprovision, planning or design, 10,575
construction, or reconstruction of a public improvement, 10,576
including, but not limited to, a sewer system; 10,577
(m) The operation of a human services department or 10,579
agency, including, but not limited to, the provision of 10,580
assistance to aged and infirm persons and to persons who are 10,581
indigent; 10,582
(n) The operation of a health board, department, or 10,584
agency, including, but not limited to, any statutorily required 10,585
or permissive program for the provision of immunizations or other 10,586
inoculations to all or some members of the public, provided that 10,587
a "governmental function" does not include the supply, 10,588
manufacture, distribution, or development of any drug or vaccine 10,589
employed in any such immunization or inoculation program by any 10,590
supplier, manufacturer, distributor, or developer of the drug or 10,591
vaccine; 10,592
(o) The operation of mental health facilities, mental 10,594
retardation or developmental disabilities facilities, alcohol 10,595
treatment and control centers, and children's homes or agencies; 10,596
(p) The provision or nonprovision of inspection services 10,598
of all types, including, but not limited to, inspections in 10,599
connection with building, zoning, sanitation, fire, plumbing, and 10,600
249
electrical codes, and the taking of actions in connection with 10,601
those types of codes, including, but not limited to, the approval 10,602
of plans for the construction of buildings or structures and the 10,603
issuance or revocation of building permits or stop work orders in 10,604
connection with buildings or structures; 10,605
(q) Urban renewal projects and the elimination of slum 10,607
conditions; 10,608
(r) Flood control measures; 10,610
(s) The design, construction, reconstruction, renovation, 10,612
operation, care, repair, and maintenance of a township cemetery; 10,613
(t) The issuance of revenue obligations under section 10,615
140.06 of the Revised Code; 10,616
(u) The design, construction, reconstruction, renovation, 10,618
repair, maintenance, and operation of any park, playground, 10,619
playfield, indoor recreational facility, zoo, zoological park, 10,620
bath, swimming pool, pond, water park, wading pool, wave pool, 10,621
water slide, and other type of aquatic facility, or golf course; 10,623
(v) The provision of public defender services by a county 10,625
or joint county public defender's office pursuant to Chapter 120. 10,626
of the Revised Code; 10,627
(w) A function that the general assembly mandates a 10,629
political subdivision to perform. 10,630
(D) "Law" means any provision of the constitution, 10,632
statutes, or rules of the United States or of this state; 10,633
provisions of charters, ordinances, resolutions, and rules of 10,634
political subdivisions; and written policies adopted by boards of 10,635
education. When used in connection with the "common law," this 10,636
definition does not apply. 10,637
(E) "Motor vehicle" has the same meaning as in section 10,639
4511.01 of the Revised Code. 10,640
(F) "Political subdivision" or "subdivision" means a 10,642
municipal corporation, township, county, school district, or 10,643
other body corporate and politic responsible for governmental 10,644
activities in a geographic area smaller than that of the state. 10,645
250
"Political subdivision" includes, but is not limited to, a county 10,646
hospital commission appointed under section 339.14 of the Revised 10,647
Code, regional planning commission created pursuant to section 10,648
713.21 of the Revised Code, county planning commission created 10,649
pursuant to section 713.22 of the Revised Code, joint planning 10,650
council created pursuant to section 713.231 of the Revised Code, 10,651
interstate regional planning commission created pursuant to 10,652
section 713.30 of the Revised Code, port authority created 10,653
pursuant to section 4582.02 or 4582.26 of the Revised Code or in 10,654
existence on December 16, 1964, regional council established by 10,655
political subdivisions pursuant to Chapter 167. of the Revised 10,656
Code, emergency planning district and joint emergency planning 10,657
district designated under section 3750.03 of the Revised Code, 10,658
joint emergency medical services district created pursuant to 10,659
section 307.052 of the Revised Code, fire and ambulance district 10,660
created pursuant to section 505.375 of the Revised Code, joint 10,662
interstate emergency planning district established by an 10,664
agreement entered into under that section, county solid waste
management district and joint solid waste management district 10,665
established under section 343.01 or 343.012 of the Revised Code, 10,666
and community school established under Chapter 3314. of the 10,667
Revised Code.
(G)(1) "Proprietary function" means a function of a 10,669
political subdivision that is specified in division (G)(2) of 10,670
this section or that satisfies both of the following: 10,671
(a) The function is not one described in division 10,673
(C)(1)(a) or (b) of this section and is not one specified in 10,674
division (C)(2) of this section; 10,675
(b) The function is one that promotes or preserves the 10,677
public peace, health, safety, or welfare and that involves 10,678
activities that are customarily engaged in by nongovernmental 10,679
persons. 10,680
(2) A "proprietary function" includes, but is not limited 10,682
to, the following: 10,683
251
(a) The operation of a hospital by one or more political 10,685
subdivisions; 10,686
(b) The design, construction, reconstruction, renovation, 10,688
repair, maintenance, and operation of a public cemetery other 10,689
than a township cemetery; 10,690
(c) The establishment, maintenance, and operation of a 10,692
utility, including, but not limited to, a light, gas, power, or 10,693
heat plant, a railroad, a busline or other transit company, an 10,694
airport, and a municipal corporation water supply system; 10,695
(d) The maintenance, destruction, operation, and upkeep of 10,697
a sewer system; 10,698
(e) The operation and control of a public stadium, 10,700
auditorium, civic or social center, exhibition hall, arts and 10,701
crafts center, band or orchestra, or off-street parking facility. 10,702
(H) "Public roads" means public roads, highways, streets, 10,704
avenues, alleys, and bridges within a political subdivision. 10,705
"Public roads" does not include berms, shoulders, rights-of-way, 10,706
or traffic control devices unless the traffic control devices are 10,709
mandated by the Ohio manual of uniform traffic control devices. 10,710
(I) "State" means the state of Ohio, including, but not 10,712
limited to, the general assembly, the supreme court, the offices 10,713
of all elected state officers, and all departments, boards, 10,714
offices, commissions, agencies, colleges and universities, 10,715
institutions, and other instrumentalities of the state of Ohio. 10,716
"State" does not include political subdivisions. 10,717
Sec. 2744.03. (A) In a civil action brought against a 10,726
political subdivision or an employee of a political subdivision 10,727
to recover damages for injury, death, or loss to persons or 10,728
property allegedly caused by any act or omission in connection 10,729
with a governmental or proprietary function, the following 10,730
defenses or immunities may be asserted to establish nonliability: 10,731
(1) The political subdivision is immune from liability if 10,733
the employee involved was engaged in the performance of a 10,734
judicial, quasi-judicial, prosecutorial, legislative, or 10,735
252
quasi-legislative function. 10,736
(2) The political subdivision is immune from liability if 10,738
the conduct of the employee involved, other than negligent 10,739
conduct, that gave rise to the claim of liability was required by 10,740
law or authorized by law, or if the conduct of the employee 10,741
involved that gave rise to the claim of liability was necessary 10,742
or essential to the exercise of powers of the political 10,743
subdivision or employee. 10,744
(3) The political subdivision is immune from liability if 10,746
the action or failure to act by the employee involved that gave 10,747
rise to the claim of liability was within the discretion of the 10,748
employee with respect to policy-making, planning, or enforcement 10,749
powers by virtue of the duties and responsibilities of the office 10,750
or position of the employee. 10,751
(4) The political subdivision is immune from liability if 10,753
the action or failure to act by the political subdivision or 10,754
employee involved that gave rise to the claim of liability 10,755
resulted in injury or death to a person who had been convicted of 10,756
or pleaded guilty to a criminal offense and who, at the time of 10,757
the injury or death, was serving any portion of the person's 10,758
sentence by performing community service work for or in the 10,760
political subdivision whether pursuant to section 2951.02 of the 10,761
Revised Code or otherwise, or resulted in injury or death to a 10,762
child who was found to be a delinquent child and who, at the time 10,763
of the injury or death, was performing community service or 10,764
community work for or in a political subdivision in accordance 10,765
with the order of a juvenile court entered pursuant to section 10,766
2151.355 2152.19 OR 2152.20 of the Revised Code, and if, at the 10,768
time of the person's or child's injury or death, the person or 10,771
child was covered for purposes of Chapter 4123. of the Revised 10,772
Code in connection with the community service or community work 10,773
for or in the political subdivision.
(5) The political subdivision is immune from liability if 10,775
the injury, death, or loss to persons or property resulted from 10,776
253
the exercise of judgment or discretion in determining whether to 10,777
acquire, or how to use, equipment, supplies, materials, 10,778
personnel, facilities, and other resources unless the judgment or 10,780
discretion was exercised with malicious purpose, in bad faith, or 10,781
in a wanton or reckless manner.
(6) In addition to any immunity or defense referred to in 10,783
division (A)(7) of this section and in circumstances not covered 10,784
by that division or sections 3314.07 and 3746.24 of the Revised 10,786
Code, the employee is immune from liability unless one of the 10,788
following applies:
(a) The employee's acts or omissions were manifestly 10,790
outside the scope of the employee's employment or official 10,791
responsibilities; 10,792
(b) The employee's acts or omissions were with malicious 10,794
purpose, in bad faith, or in a wanton or reckless manner; 10,795
(c) Liability is expressly imposed upon the employee by a 10,797
section of the Revised Code. Liability shall not be construed to 10,798
exist under another section of the Revised Code merely because 10,799
that section imposes a responsibility or mandatory duty upon an 10,800
employee, because of a general authorization in that section that 10,801
an employee may sue and be sued, or because the section uses the 10,802
term "shall" in a provision pertaining to an employee.
(7) The political subdivision, and an employee who is a 10,804
county prosecuting attorney, city director of law, village 10,805
solicitor, or similar chief legal officer of a political 10,806
subdivision, an assistant of any such person, or a judge of a 10,807
court of this state is entitled to any defense or immunity 10,808
available at common law or established by the Revised Code. 10,809
(B) Any immunity or defense conferred upon, or referred to 10,811
in connection with, an employee by division (A)(6) or (7) of this 10,812
section does not affect or limit any liability of a political 10,813
subdivision for an act or omission of the employee as provided in 10,814
section 2744.02 of the Revised Code. 10,815
Sec. 2919.24. (A) No person, INCLUDING A PARENT, 10,824
254
GUARDIAN, OR OTHER CUSTODIAN OF A CHILD, shall do either of the 10,825
following: 10,826
(1) Aid, abet, induce, cause, encourage, or contribute to 10,828
a child or a ward of the juvenile court becoming an unruly child, 10,829
as defined in section 2151.022 of the Revised Code, or a 10,830
delinquent child, as defined in section 2151.02 2152.02 of the 10,831
Revised Code; 10,833
(2) Act in a way tending to cause a child or a ward of the 10,835
juvenile court to become an unruly child, as defined in section 10,836
2151.022 of the Revised Code, or a delinquent child, as defined 10,837
in section 2151.02 2152.02 of the Revised Code. 10,838
(B) Whoever violates this section is guilty of 10,840
contributing to the unruliness or delinquency of a child, a 10,841
misdemeanor of the first degree. Each day of violation of this 10,842
section is a separate offense. 10,843
Sec. 2921.32. (A) No person, with purpose to hinder the 10,852
discovery, apprehension, prosecution, conviction, or punishment 10,853
of another for crime or to assist another to benefit from the 10,854
commission of a crime, and no person, with purpose to hinder the 10,855
discovery, apprehension, prosecution, adjudication as a 10,856
delinquent child, or disposition of a child for an act that if 10,857
committed by an adult would be a crime or to assist a child to 10,858
benefit from the commission of an act that if committed by an 10,859
adult would be a crime, shall do any of the following:
(1) Harbor or conceal the other person or child; 10,861
(2) Provide the other person or child with money, 10,863
transportation, a weapon, a disguise, or other means of avoiding 10,864
discovery or apprehension; 10,865
(3) Warn the other person or child of impending discovery 10,867
or apprehension; 10,868
(4) Destroy or conceal physical evidence of the crime or 10,870
act, or induce any person to withhold testimony or information or 10,871
to elude legal process summoning the person to testify or supply 10,872
evidence; 10,873
255
(5) Communicate false information to any person. 10,875
(B)(1) Whoever violates this section is guilty of 10,877
obstructing justice.
(2) If the crime committed by the person aided is a 10,879
misdemeanor or if the act committed by the child aided would be a 10,880
misdemeanor if committed by an adult, obstructing justice is a 10,881
misdemeanor of the same degree as the crime committed by the 10,883
person aided or a misdemeanor of the same degree that the act 10,884
committed by the child aided would be if committed by an adult. 10,885
(3) Except as otherwise provided in division (B)(4) of 10,887
this section, if the crime committed by the person aided is a 10,888
felony or if the act committed by the child aided would be a 10,889
felony if committed by an adult, obstructing justice is a felony 10,891
of the fifth degree.
(4) If the crime committed by the person aided is 10,893
aggravated murder, murder, or a felony of the first or second 10,894
degree or if the act committed by the child aided would be one of 10,895
those offenses if committed by an adult and if the offender knows 10,896
or has reason to believe that the crime committed by the person 10,897
aided is one of those offenses or that the act committed by the 10,898
child aided would be one of those offenses if committed by an 10,899
adult, obstructing justice is a felony of the third degree. 10,900
(C) As used in this section: 10,902
(1) "Adult" and "child" have the same meanings as in 10,904
section 2151.011 of the Revised Code. 10,905
(2) "Delinquent child" has the same meaning as in section 10,907
2151.02 2152.02 of the Revised Code. 10,908
Sec. 2923.211. (A) No person under eighteen years of age 10,918
shall purchase or attempt to purchase a firearm.
(B) No person under twenty-one years of age shall purchase 10,921
or attempt to purchase a handgun, provided that this division 10,922
does not apply to the purchase or attempted purchase of a handgun 10,923
by a person eighteen years of age or older and under twenty-one 10,924
years of age if the person eighteen years of age or older and 10,925
256
under twenty-one years of age is a law enforcement officer who is 10,926
properly appointed or employed as a law enforcement officer and 10,927
has received firearms training approved by the Ohio peace officer 10,928
training council or equivalent firearms training. 10,929
(C) Whoever violates division (A) of this section is 10,932
guilty of underage purchase of a firearm, is a delinquent child, 10,933
and is subject to an order of disposition as provided in section 10,935
2151.355 of the Revised Code ACT THAT WOULD BE A FELONY OF THE 10,936
FOURTH DEGREE IF IT COULD BE COMMITTED BY AN ADULT. Whoever
violates division (B) of this section is guilty of underage 10,938
purchase of a handgun, a misdemeanor of the second degree. 10,939
Sec. 2923.32. (A)(1) No person employed by, or associated 10,948
with, any enterprise shall conduct or participate in, directly or 10,949
indirectly, the affairs of the enterprise through a pattern of 10,950
corrupt activity or the collection of an unlawful debt. 10,951
(2) No person, through a pattern of corrupt activity or 10,953
the collection of an unlawful debt, shall acquire or maintain, 10,954
directly or indirectly, any interest in, or control of, any 10,955
enterprise or real property. 10,956
(3) No person, who knowingly has received any proceeds 10,958
derived, directly or indirectly, from a pattern of corrupt 10,959
activity or the collection of any unlawful debt, shall use or 10,960
invest, directly or indirectly, any part of those proceeds, or 10,961
any proceeds derived from the use or investment of any of those 10,962
proceeds, in the acquisition of any title to, or any right, 10,963
interest, or equity in, real property or in the establishment or 10,964
operation of any enterprise. 10,965
A purchase of securities on the open market with intent to 10,967
make an investment, without intent to control or participate in 10,968
the control of the issuer, and without intent to assist another 10,969
to do so is not a violation of this division, if the securities 10,970
of the issuer held after the purchase by the purchaser, the 10,971
members of the purchaser's immediate family, and the purchaser's 10,973
or the immediate family members' accomplices in any pattern of 10,975
257
corrupt activity or the collection of an unlawful debt do not 10,976
aggregate one per cent of the outstanding securities of any one 10,977
class of the issuer and do not confer, in law or in fact, the 10,978
power to elect one or more directors of the issuer.
(B)(1) Whoever violates this section is guilty of engaging 10,980
in a pattern of corrupt activity. Except as otherwise provided 10,982
in this division, engaging in corrupt activity is a felony of the 10,983
second degree. If at least one of the incidents of corrupt
activity is a felony of the first, second, or third degree, 10,984
aggravated murder, or murder, if at least one of the incidents 10,985
was a felony under the law of this state that was committed prior 10,986
to the effective date of this amendment and that would constitute 10,987
a felony of the first, second, or third degree, aggravated 10,988
murder, or murder if committed on or after the effective date of 10,989
this amendment, or if at least one of the incidents of corrupt 10,990
activity is a felony under the law of the United States or of 10,992
another state that, if committed in this state on or after the 10,993
effective date of this amendment, would constitute a felony of 10,994
the first, second, or third degree, aggravated murder, or murder 10,995
under the law of this state, engaging in a pattern of corrupt 10,996
activity is a felony of the first degree. Notwithstanding any 10,997
other provision of law, a person may be convicted of violating 10,998
the provisions of this section as well as of a conspiracy to 10,999
violate one or more of those provisions under section 2923.01 of 11,000
the Revised Code.
(2) Notwithstanding the financial sanctions authorized by 11,003
section 2929.18 of the Revised Code, the court may do all of the 11,004
following with respect to any person who derives pecuniary value 11,005
or causes property damage, personal injury other than pain and 11,006
suffering, or other loss through or by the violation of this 11,007
section:
(a) In lieu of the fine authorized by that section, impose 11,010
a fine not exceeding the greater of three times the gross value 11,011
gained or three times the gross loss caused and order the clerk 11,012
258
of the court to pay the fine into the corrupt activity 11,013
investigation and prosecution fund created in section 2923.35 of 11,014
the Revised Code;
(b) In addition to the fine described in division 11,016
(B)(2)(a) of this section and the financial sanctions authorized 11,018
by section 2929.18 of the Revised Code, order the person to pay
court costs; 11,019
(c) In addition to the fine described in division 11,021
(B)(2)(a) of this section and the financial sanctions authorized 11,023
by section 2929.18 of the Revised Code, order the person to pay
to the state, municipal, or county law enforcement agencies that 11,024
handled the investigation and prosecution the costs of 11,025
investigation and prosecution that are reasonably incurred. 11,026
The court shall hold a hearing to determine the amount of 11,028
fine, court costs, and other costs to be imposed under this 11,029
division. 11,030
(3) In addition to any other penalty or disposition 11,032
authorized or required by law, the court shall order any person 11,033
who is convicted of or pleads guilty to a violation of this 11,034
section or who is adjudicated delinquent by reason of a violation 11,035
of this section to criminally forfeit to the state any personal 11,036
or real property in which the person has an interest and that was 11,038
used in the course of or intended for use in the course of a 11,039
violation of this section, or that was derived from or realized 11,040
through conduct in violation of this section, including any 11,041
property constituting an interest in, means of control over, or 11,042
influence over the enterprise involved in the violation and any 11,043
property constituting proceeds derived from the violation, 11,044
including all of the following: 11,045
(a) Any position, office, appointment, tenure, commission, 11,047
or employment contract of any kind acquired or maintained by the 11,048
person in violation of this section, through which the person, in 11,050
violation of this section, conducted or participated in the 11,051
conduct of an enterprise, or that afforded the person a source of 11,053
259
influence or control over an enterprise that the person exercised 11,054
in violation of this section;
(b) Any compensation, right, or benefit derived from a 11,056
position, office, appointment, tenure, commission, or employment 11,057
contract described in division (B)(3)(a) of this section that 11,058
accrued to the person in violation of this section during the 11,060
period of the pattern of corrupt activity;
(c) Any interest in, security of, claim against, or 11,062
property or contractual right affording the person a source of 11,064
influence or control over the affairs of an enterprise that the
person exercised in violation of this section; 11,065
(d) Any amount payable or paid under any contract for 11,067
goods or services that was awarded or performed in violation of 11,068
this section. 11,069
(4)(a) A sentence or disposition of criminal forfeiture 11,071
pursuant to division (B)(3) of this section shall not be entered 11,072
unless either of the following applies: 11,073
(i) The indictment, count in the indictment, or 11,075
information charging the offense, or the complaint OR INDICTMENT 11,076
filed in juvenile court charging the violation as a delinquent 11,078
act alleges the extent of the property subject to forfeiture; 11,079
(ii) The criminal sentence or delinquency disposition 11,081
requires the forfeiture of property that was not reasonably 11,082
foreseen to be subject to forfeiture at the time of the 11,083
indictment, count in the indictment, or information charging the 11,084
offense, or the complaint OR INDICTMENT filed in juvenile court 11,085
charging the violation as a delinquent act, provided that the 11,087
prosecuting attorney gave prompt notice to the defendant or the 11,088
alleged or adjudicated delinquent child of such property not 11,089
reasonably foreseen to be subject to forfeiture when it is 11,090
discovered to be forfeitable. 11,091
(b) A special verdict shall be returned as to the extent 11,093
of the property, if any, subject to forfeiture. When the special 11,094
verdict is returned, a judgment of forfeiture shall be entered. 11,095
260
(5) If any property included in a special verdict of 11,097
forfeiture returned pursuant to division (B)(4) of this section 11,098
cannot be located, has been sold to a bona fide purchaser for 11,099
value, placed beyond the jurisdiction of the court, substantially 11,100
diminished in value by the conduct of the defendant or 11,101
adjudicated delinquent child, or commingled with other property 11,102
that cannot be divided without difficulty or undue injury to 11,103
innocent persons, or otherwise is unreachable without undue 11,104
injury to innocent persons, the court shall order forfeiture of 11,105
any other reachable property of the defendant or adjudicated 11,106
delinquent child up to the value of the property that is 11,107
unreachable. 11,108
(6) All property ordered forfeited pursuant to this 11,110
section shall be held by the law enforcement agency that seized 11,111
it for distribution or disposal pursuant to section 2923.35 of 11,112
the Revised Code. The agency shall maintain an accurate record 11,113
of each item of property so seized and held, which record shall 11,114
include the date on which each item was seized, the manner and 11,115
date of disposition by the agency, and if applicable, the name of 11,116
the person who received the item; however, the record shall not 11,117
identify or enable the identification of the individual officer 11,118
who seized the property. The record is a public record open for 11,119
inspection under section 149.43 of the Revised Code. Each law 11,120
enforcement agency that seizes and holds in any calendar year any 11,121
item of property that is ordered forfeited pursuant to this 11,122
section shall prepare a report covering the calendar year that 11,123
cumulates all of the information contained in all of the records 11,124
kept by the agency pursuant to this division for that calendar 11,125
year, and shall send the cumulative report, no later than the 11,126
first day of March in the calendar year following the calendar 11,127
year covered by the report, to the attorney general. Each such 11,128
report so received by the attorney general is a public record 11,129
open for inspection under section 149.43 of the Revised Code. 11,130
Not later than the fifteenth day of April in the calendar year in 11,131
261
which the reports were received, the attorney general shall send 11,132
to the president of the senate and the speaker of the house of 11,133
representatives a written notification that does all of the 11,134
following: 11,135
(a) Indicates that the attorney general has received from 11,137
law enforcement agencies reports of the type described in this 11,139
division that cover the previous calendar year and indicates that 11,140
the reports were received under this division;
(b) Indicates that the reports are open for inspection 11,143
under section 149.43 of the Revised Code; 11,144
(c) Indicates that the attorney general will provide a 11,147
copy of any or all of the reports to the president of the senate 11,148
or the speaker of the house of representatives upon request. 11,149
(C) Notwithstanding the notice and procedure prescribed by 11,151
division (E) of this section, an order of criminal forfeiture 11,152
entered under division (B)(3) of this section shall authorize an 11,153
appropriate law enforcement agency to seize the property declared 11,154
forfeited under this section upon the terms and conditions, 11,155
relating to the time and manner of seizure, that the court 11,156
determines proper. 11,157
(D) Criminal penalties under this section are not mutually 11,159
exclusive, unless otherwise provided, and do not preclude the 11,160
application of any other criminal or civil remedy under this or 11,161
any other section of the Revised Code. A disposition of criminal 11,162
forfeiture ordered pursuant to division (B)(3) of this section in 11,163
relation to a child who was adjudicated delinquent by reason of a 11,164
violation of this section does not preclude the application of 11,165
any other order of disposition under section 2151.355 CHAPTER 11,167
2152. of the Revised Code or any other civil remedy under this or 11,168
any other section of the Revised Code. 11,169
(E)(1) Upon the entry of a judgment of forfeiture pursuant 11,171
to division (B)(3) of this section, the court shall cause notice 11,172
of the judgment to be sent by certified mail, return receipt 11,173
requested, to all persons known to have, or appearing to have, an 11,174
262
interest in the property that was acquired prior to the filing of 11,175
a corrupt activity lien notice or a lis pendens as authorized by 11,176
section 2923.36 of the Revised Code. If the notices cannot be 11,177
given to those persons in that manner, the court shall cause 11,178
publication of the notice of the judgment of forfeiture pursuant 11,179
to the Rules of Civil Procedure. 11,180
(2) Within thirty days after receipt of a notice or after 11,182
the date of publication of a notice under division (E)(1) of this 11,183
section, any person, other than the defendant or the adjudicated 11,184
delinquent child, who claims an interest in the property that is 11,185
subject to forfeiture may petition the court for a hearing to 11,186
determine the validity of the claim. The petition shall be 11,187
signed and sworn to by the petitioner and shall set forth the 11,188
nature and extent of the petitioner's interest in the property, 11,189
the date and circumstances of the petitioner's acquisition of the 11,190
interest, any additional allegations supporting the claim, and 11,191
the relief sought. The petitioner shall furnish the prosecuting 11,192
attorney with a copy of the petition. 11,193
(3) The court, to the extent practicable and consistent 11,195
with the interests of justice, shall hold the hearing described 11,196
under division (E)(2) of this section within thirty days from the 11,197
filing of the petition. The court may consolidate the hearings 11,198
on all petitions filed by third party claimants under this 11,199
section. At the hearing, the petitioner may testify and present 11,200
evidence on the petitioner's own behalf and cross-examine 11,201
witnesses. The prosecuting attorney may present evidence and 11,202
witnesses in rebuttal and in defense of the claim of the state to 11,203
the property and cross-examine witnesses. The court, in making 11,204
its determination, shall consider the testimony and evidence 11,205
presented at the hearing and the relevant portions of the record 11,206
of the criminal proceeding that resulted in the judgment of 11,207
forfeiture. 11,208
(4) If at a hearing held under division (E)(3) of this 11,210
section, the court, by a preponderance of the evidence, 11,211
263
determines either that the petitioner has a legal right, title, 11,212
or interest in the property that, at the time of the commission 11,213
of the acts giving rise to the forfeiture of the property, was 11,214
vested in the petitioner and not in the defendant or the 11,215
adjudicated delinquent child or was superior to the right, title, 11,216
or interest of the defendant or the adjudicated delinquent child, 11,217
or that the petitioner is a bona fide purchaser for value of the 11,218
right, title, or interest in the property and was at the time of 11,219
the purchase reasonably without cause to believe that the 11,220
property was subject to forfeiture under this section, it shall 11,221
amend, in accordance with its determination, the judgment of 11,222
forfeiture to protect the rights of innocent persons. 11,223
(F) Except as provided in division (E) of this section, no 11,225
person claiming an interest in property that is subject to 11,226
forfeiture under this section shall do either of the following: 11,227
(1) Intervene in a trial or appeal of a criminal case or a 11,229
delinquency case that involves the forfeiture of the property; 11,230
(2) File an action against the state concerning the 11,232
validity of the person's alleged interest in the property 11,233
subsequent to the filing of the indictment, count in the 11,235
indictment, or information, or the filing of the complaint OR 11,236
INDICTMENT in juvenile court, that alleges that the property is 11,238
subject to forfeiture under this section. 11,239
(G) As used in this section, "law enforcement agency" 11,241
includes, but is not limited to, the state board of pharmacy. 11,242
Sec. 2923.33. (A) At any time after an indictment is 11,251
filed alleging a violation of section 2923.32 of the Revised Code 11,252
or a conspiracy to violate that section or after a complaint OR 11,253
INDICTMENT is filed in juvenile court alleging a violation of 11,254
that section or a conspiracy to violate that section as a 11,256
delinquent act, the prosecuting attorney may file a motion 11,257
requesting the court to issue an order to preserve the 11,258
reachability of any property that may be subject to forfeiture. 11,259
Upon the filing of the motion, the court, after giving notice to 11,260
264
any person who will be affected by any order issued by the court 11,261
pursuant to the motion, shall hold a hearing on the motion at 11,262
which all affected persons have an opportunity to be heard and, 11,263
upon a showing by the prosecuting attorney by a preponderance of 11,264
the evidence that the particular action is necessary to preserve 11,265
the reachability of any property that may be subject to 11,266
forfeiture and based upon the indictment, may enter a restraining 11,267
order or injunction, require the execution of a satisfactory 11,268
performance bond, or take any other necessary action, including 11,269
the appointment of a receiver. The prosecuting attorney is not 11,270
required to show special or irreparable injury to obtain any 11,271
court action pursuant to this division. Notwithstanding the 11,272
Rules of Evidence, the court's order or injunction may be based 11,273
on hearsay testimony.
(B) If no indictment has been filed alleging a violation 11,275
of section 2923.32 of the Revised Code or a conspiracy to violate 11,276
that section and no complaint OR INDICTMENT has been filed in 11,277
juvenile court alleging a violation of that section or a 11,279
conspiracy to violate that section as a delinquent act, the court 11,280
may take any action specified in division (A) of this section if 11,281
the prosecuting attorney for the county, in addition to the 11,282
showing that would be required pursuant to division (A) of this 11,283
section, also shows both of the following by a preponderance of 11,284
the evidence:
(1) There is probable cause to believe that the property 11,286
with respect to which the order is sought, in the event of a 11,287
conviction or a delinquency adjudication, would be subject to 11,288
criminal forfeiture under section 2923.32 of the Revised Code; 11,289
(2) The requested order would not result in irreparable 11,291
harm to the party against whom the order is to be entered that 11,292
outweighs the need to preserve the reachability of the property. 11,293
No order entered pursuant to this division shall be 11,295
effective for more than ninety days, unless it is extended 11,296
pursuant to the procedure provided in this division by the court 11,297
265
for good cause shown or an indictment is returned alleging that 11,298
the property is subject to forfeiture. 11,299
(C) Upon application by the prosecuting attorney, the 11,301
court may grant a temporary restraining order to preserve the 11,302
reachability of property subject to criminal forfeiture under 11,303
section 2923.32 of the Revised Code without notice to any party, 11,304
if all of the following occur: 11,305
(1) Either an indictment or a juvenile delinquency 11,307
complaint OR INDICTMENT alleging that property is subject to 11,308
criminal forfeiture has been filed, or the court determines that 11,309
there is probable cause to believe that property with respect to 11,310
which the order is sought would be subject, in the event of a 11,311
conviction or a delinquency adjudication, to criminal forfeiture; 11,312
(2) The property is in the possession or control of the 11,314
party against whom the order is to be entered; 11,315
(3) The court determines that the nature of the property 11,317
is such that it can be concealed, disposed of, or placed beyond 11,318
the jurisdiction of the court before any party may be heard in 11,319
opposition to the order. 11,320
A temporary restraining order granted without notice to any 11,322
party under this division shall expire within the time, not to 11,323
exceed ten days, that the court fixes, unless extended for good 11,324
cause shown or unless the party against whom it is entered 11,325
consents to an extension for a longer period. If a temporary 11,326
restraining order is granted under this division without notice 11,327
to any party, the court shall hold a hearing concerning the entry 11,328
of an order under this division at the earliest practicable time 11,329
prior to the expiration of the temporary order. 11,330
(D) Following sentencing and the entry of a judgment 11,332
against an offender that includes a fine or an order of criminal 11,333
forfeiture, or both, under section 2923.32 of the Revised Code, 11,334
or following the entry of a judgment against a delinquent child 11,335
that includes an order of criminal forfeiture under that section, 11,336
the court may enter a restraining order or injunction, require 11,337
266
the execution of a satisfactory performance bond, or take any 11,338
other action, including the appointment of a receiver, that the 11,339
court determines to be proper to protect the interests of the 11,340
state or an innocent person. 11,341
Sec. 2923.34. (A) The prosecuting attorney of the county 11,350
in which a violation of section 2923.32 of the Revised Code, or a 11,351
conspiracy to violate that section, occurs may institute a civil 11,352
proceeding as authorized by this section in an appropriate court 11,353
seeking relief from any person whose conduct violated section 11,354
2923.32 of the Revised Code or who conspired to violate that 11,355
section. 11,356
(B) Any person who is injured or threatened with injury by 11,358
a violation of section 2923.32 of the Revised Code may institute 11,359
a civil proceeding in an appropriate court seeking relief from 11,360
any person whose conduct violated or allegedly violated section 11,361
2923.32 of the Revised Code or who conspired or allegedly 11,362
conspired to violate that section, except that the pattern of 11,363
corrupt activity alleged by an injured person or person 11,364
threatened with injury shall include at least one incident other 11,365
than a violation of division (A)(1) or (2) of section 1707.042 or 11,366
division (B), (C)(4), (D), (E), or (F) of section 1707.44 of the 11,367
Revised Code, of 18 U.S.C. 1341, 18 U.S.C. 1343, 18 U.S.C. 2314, 11,368
or any other offense involving fraud in the sale of securities. 11,369
(C) If the plaintiff in a civil action instituted pursuant 11,371
to this section proves the violation by a preponderance of the 11,372
evidence, the court, after making due provision for the rights of 11,373
innocent persons, may grant relief by entering any appropriate 11,374
orders to ensure that the violation will not continue or be 11,375
repeated. The orders may include, but are not limited to, orders 11,376
that: 11,377
(1) Require any defendant in the action to divest himself 11,379
SELF of any interest in any enterprise or in any real property; 11,380
(2) Impose reasonable restrictions upon the future 11,382
activities or investments of any defendant in the action, 11,383
267
including, but not limited to, restrictions that prohibit the 11,384
defendant from engaging in the same type of endeavor as the 11,385
enterprise in which he THE DEFENDANT was engaged in violation of 11,386
section 2923.32 of the Revised Code; 11,387
(3) Order the dissolution or reorganization of any 11,389
enterprise; 11,390
(4) Order the suspension or revocation of a license, 11,392
permit, or prior approval granted to any enterprise by any 11,393
department or agency of the state; 11,394
(5) Order the dissolution of a corporation organized under 11,396
the laws of this state, or the revocation of the authorization of 11,397
a foreign corporation to conduct business within this state, upon 11,398
a finding that the board of directors or an agent acting on 11,399
behalf of the corporation, in conducting the affairs of the 11,400
corporation, has authorized or engaged in conduct in violation of 11,401
section 2923.32 of the Revised Code, and that, for the prevention 11,402
of future criminal conduct, the public interest requires the 11,403
corporation to be dissolved or its license revoked. 11,404
(D) Relief pursuant to division (C)(3), (4), or (5) of 11,406
this section shall not be granted in any civil proceeding 11,407
instituted by an injured person unless the attorney general 11,408
intervenes in the civil action pursuant to this division. 11,409
Upon the filing of a civil proceeding for relief under 11,411
division (C)(3), (4), or (5) of this section by an allegedly 11,412
injured person other than a prosecuting attorney, the allegedly 11,413
injured person immediately shall notify the attorney general of 11,414
the filing. The attorney general, upon timely application, may 11,415
intervene in any civil proceeding for relief under division 11,416
(C)(3), (4), or (5) if the attorney general certifies that, in 11,417
his THE ATTORNEY GENERAL'S opinion, the proceeding is of general 11,418
public interest. In any proceeding brought by an injured person 11,419
under division (C)(3), (4), or (5) of this section, the attorney 11,420
general is entitled to the same relief as if the attorney general 11,421
instituted the proceeding. 11,422
268
(E) In a civil proceeding under division (C) of this 11,424
section, the court may grant injunctive relief without a showing 11,425
of special or irreparable injury. 11,426
Pending final determination of a civil proceeding initiated 11,428
under this section, the court may issue a temporary restraining 11,429
order or a preliminary injunction upon a showing of immediate 11,430
danger or significant injury to the plaintiff, including the 11,431
possibility that any judgment for money damages might be 11,432
difficult to execute, and, in a proceeding initiated by an 11,433
aggrieved person, upon the execution of proper bond against 11,434
injury for an improvidently granted injunction. 11,435
(F) In a civil proceeding under division (B) of this 11,437
section, any person directly or indirectly injured by conduct in 11,438
violation of section 2923.32 of the Revised Code or a conspiracy 11,439
to violate that section, other than a violator of that section or 11,440
a conspirator to violate that section, in addition to relief 11,441
under division (C) of this section, shall have a cause of action 11,442
for triple the actual damages he THE PERSON sustained. To 11,443
recover triple damages, the plaintiff shall prove the violation 11,444
or conspiracy to violate that section and actual damages by clear 11,446
and convincing evidence. Damages under this division may 11,447
include, but are not limited to, competitive injury and injury 11,448
distinct from the injury inflicted by corrupt activity. 11,449
(G) In a civil action in which the plaintiff prevails 11,451
under division (C) or (F) of this section, he THE PLAINTIFF shall 11,453
recover reasonable attorney fees in the trial and appellate
courts, and the court shall order the defendant to pay to the 11,454
state, municipal, or county law enforcement agencies that handled 11,455
the investigation and litigation the costs of investigation and 11,456
litigation that reasonably are incurred and that are not ordered 11,457
to be paid pursuant to division (B)(2) of section 2923.32 of the 11,458
Revised Code or division (I) of this section. 11,459
(H) Upon application, based on the evidence presented in 11,461
the case by the plaintiff, as the interests of justice may 11,462
269
require, the trial court may grant a defendant who prevails in a 11,463
civil action brought pursuant to this section all or part of his 11,464
THE DEFENDANT'S costs, including the costs of investigation and 11,465
litigation reasonably incurred, and all or part of his THE 11,466
DEFENDANT'S reasonable attorney fees, unless the court finds that 11,467
special circumstances, including the relative economic position 11,468
of the parties, make an award unjust. 11,469
(I) If a person, other than an individual, is not 11,471
convicted of a violation of section 2923.32 of the Revised Code, 11,472
the prosecuting attorney may institute proceedings against the 11,473
person to recover a civil penalty for conduct that the 11,474
prosecuting attorney proves by clear and convincing evidence is 11,475
in violation of section 2923.32 of the Revised Code. The civil 11,476
penalty shall not exceed one hundred thousand dollars and shall 11,477
be paid into the state treasury to the credit of the corrupt 11,478
activity investigation and prosecution fund created in section 11,479
2923.35 of the Revised Code. If a civil penalty is ordered 11,480
pursuant to this division, the court shall order the defendant to 11,481
pay to the state, municipal, or county law enforcement agencies 11,482
that handled the investigation and litigation the costs of 11,483
investigation and litigation that are reasonably incurred and 11,484
that are not ordered to be paid pursuant to this section. 11,485
(J) A final judgment, decree, or delinquency adjudication 11,487
rendered against the defendant or the adjudicated delinquent 11,488
child in a civil action under this section or in a criminal or 11,489
delinquency action or proceeding for a violation of section 11,490
2923.32 of the Revised Code shall estop the defendant or the 11,491
adjudicated delinquent child in any subsequent civil proceeding 11,492
or action brought by any person as to all matters as to which the 11,493
judgment, decree, or adjudication would be an estoppel as between 11,494
the parties to the civil, criminal, or delinquency proceeding or 11,495
action. 11,496
(K) Notwithstanding any other provision of law providing a 11,498
shorter period of limitations, a civil proceeding or action under 11,499
270
this section may be commenced at any time within five years after 11,500
the unlawful conduct terminates or the cause of action accrues or 11,501
within any longer statutory period of limitations that may be 11,502
applicable. If a criminal proceeding, delinquency proceeding, 11,503
civil action, or other proceeding is brought or intervened in by 11,504
the state to punish, prevent, or restrain any activity that is 11,505
unlawful under section 2923.32 of the Revised Code, the running 11,506
of the period of limitations prescribed by this division with 11,507
respect to any civil action brought under this section by a 11,508
person who is injured by a violation or threatened violation of 11,509
section 2923.32 of the Revised Code, based in whole or in part 11,510
upon any matter complained of in the state prosecution, action, 11,511
or proceeding, shall be suspended during the pendency of the 11,512
state prosecution, action, or proceeding and for two years 11,513
following its termination. 11,514
(L) Personal service of any process in a proceeding under 11,516
this section may be made upon any person outside this state if 11,517
the person was involved in any conduct constituting a violation 11,518
of section 2923.32 of the Revised Code in this state. The person 11,519
is deemed by his THE PERSON'S conduct in violation of section 11,520
2923.32 of the Revised Code to have submitted himself SELF to the 11,522
jurisdiction of the courts of this state for the purposes of this
section.
(M) The application of any civil remedy under this section 11,524
shall not preclude the application of any criminal remedy or 11,525
criminal forfeiture under section 2923.32 of the Revised Code or 11,526
any other provision of law, or the application of any delinquency 11,527
disposition under section 2151.355 CHAPTER 2152. of the Revised 11,529
Code or any other provision of law. 11,530
(N) As used in this section, "law enforcement agency" 11,532
includes, but is not limited to, the state board of pharmacy. 11,533
Sec. 2923.36. (A) Upon the institution of any criminal 11,541
proceeding charging a violation of section 2923.32 of the Revised 11,542
Code, the filing of any complaint OR INDICTMENT in juvenile court 11,543
271
alleging a violation of that section as a delinquent act, or the 11,545
institution of any civil proceeding under section 2923.32 or 11,546
2923.34 of the Revised Code, the state, at any time during the 11,547
pendency of the proceeding, may file a corrupt activity lien 11,548
notice with the county recorder of any county in which property 11,549
subject to forfeiture may be located. No fee shall be required 11,550
for filing the notice. The recorder immediately shall record the 11,551
notice pursuant to section 317.08 of the Revised Code. 11,552
(B) A corrupt activity lien notice shall be signed by the 11,554
prosecuting attorney who files the lien. The notice shall set 11,555
forth all of the following information: 11,556
(1) The name of the person against whom the proceeding has 11,558
been brought. The prosecuting attorney may specify in the notice 11,559
any aliases, names, or fictitious names under which the person 11,560
may be known. The prosecuting attorney also may specify any 11,561
corporation, partnership, or other entity in which the person has 11,562
an interest subject to forfeiture under section 2923.32 of the 11,563
Revised Code and shall describe in the notice the person's 11,564
interest in the corporation, partnership, or other entity. 11,565
(2) If known to the prosecuting attorney, the present 11,567
residence and business addresses of the person or names set forth 11,568
in the notice; 11,569
(3) A statement that a criminal or delinquency proceeding 11,571
for a violation of section 2923.32 of the Revised Code or a civil 11,572
proceeding under section 2923.32 or 2923.34 of the Revised Code 11,573
has been brought against the person named in the notice, the name 11,574
of the county in which the proceeding has been brought, and the 11,575
case number of the proceeding; 11,576
(4) A statement that the notice is being filed pursuant to 11,578
this section; 11,579
(5) The name and address of the prosecuting attorney 11,581
filing the notice; 11,582
(6) A description of the real or personal property subject 11,584
to the notice and of the interest in that property of the person 11,585
272
named in the notice, to the extent the property and the interest 11,586
of the person in it reasonably is known at the time the 11,587
proceeding is instituted or at the time the notice is filed. 11,588
(C) A corrupt activity lien notice shall apply only to one 11,590
person and, to the extent applicable, any aliases, fictitious 11,591
names, or other names, including names of corporations, 11,592
partnerships, or other entities, to the extent permitted in this 11,593
section. A separate corrupt activity lien notice is required to 11,594
be filed for any other person. 11,595
(D) Within seven days after the filing of each corrupt 11,597
activity lien notice, the prosecuting attorney who files the 11,598
notice shall furnish to the person named in the notice by 11,599
certified mail, return receipt requested, to the last known 11,600
business or residential address of the person, a copy of the 11,601
recorded notice with a notation on it of any county in which the 11,602
notice has been recorded. The failure of the prosecuting 11,603
attorney to furnish a copy of the notice under this section shall 11,604
not invalidate or otherwise affect the corrupt activity lien 11,605
notice when the prosecuting attorney did not know and could not 11,606
reasonably ascertain the address of the person entitled to 11,607
notice. 11,608
After receipt of a copy of the notice under this division, 11,610
the person named in the notice may petition the court to 11,611
authorize the person to post a surety bond in lieu of the lien or 11,612
to otherwise modify the lien as the interests of justice may 11,613
require. The bond shall be in an amount equal to the value of 11,614
the property reasonably known to be subject to the notice and 11,615
conditioned on the payment of any judgment and costs ordered in 11,616
an action pursuant to section 2923.32 or 2923.34 of the Revised 11,617
Code up to the value of the bond. 11,618
(E) From the date of filing of a corrupt activity lien 11,620
notice, the notice creates a lien in favor of the state on any 11,621
personal or real property or any beneficial interest in the 11,622
property located in the county in which the notice is filed that 11,623
273
then or subsequently is owned by the person named in the notice 11,624
or under any of the names set forth in the notice. 11,625
The lien created in favor of the state is superior and 11,627
prior to the interest of any other person in the personal or real 11,628
property or beneficial interest in the property, if the interest 11,629
is acquired subsequent to the filing of the notice. 11,630
(F)(1) Notwithstanding any law or rule to the contrary, in 11,632
conjunction with any civil proceeding brought pursuant to section 11,633
2923.34 of the Revised Code, the prosecuting attorney may file in 11,634
any county, without prior court order, a lis pendens pursuant to 11,635
sections 2703.26 and 2703.27 of the Revised Code. In such a 11,636
case, any person acquiring an interest in the subject property or 11,637
beneficial interest in the property, if the property interest is 11,638
acquired subsequent to the filing of the lis pendens, shall take 11,639
the property or interest subject to the civil proceeding and any 11,640
subsequent judgment. 11,641
(2) If a corrupt activity lien notice has been filed, the 11,643
prosecuting attorney may name as a defendant in the lis pendens, 11,644
in addition to the person named in the notice, any person 11,645
acquiring an interest in the personal or real property or 11,646
beneficial interest in the property subsequent to the filing of 11,647
the notice. If a judgment of forfeiture is entered in the 11,648
criminal or delinquency proceeding pursuant to section 2923.32 of 11,649
the Revised Code in favor of the state, the interest of any 11,650
person in the property that was acquired subsequent to the filing 11,651
of the notice shall be subject to the notice and judgment of 11,652
forfeiture. 11,653
(G) Upon a final judgment of forfeiture in favor of the 11,655
state pursuant to section 2923.32 of the Revised Code, title of 11,656
the state to the forfeited property shall do either of the 11,657
following: 11,658
(1) In the case of real property, or a beneficial interest 11,660
in it, relate back to the date of filing of the corrupt activity 11,661
lien notice in the county where the property or interest is 11,662
274
located. If no corrupt activity lien notice was filed, title of 11,663
the state relates back to the date of the filing of any lis 11,664
pendens under division (F) of this section in the records of the 11,665
county recorder of the county in which the real property or 11,666
beneficial interest is located. If no corrupt activity lien 11,667
notice or lis pendens was filed, title of the state relates back 11,668
to the date of the recording of the final judgment of forfeiture 11,669
in the records of the county recorder of the county in which the 11,670
real property or beneficial interest is located. 11,671
(2) In the case of personal property or a beneficial 11,673
interest in it, relate back to the date on which the property or 11,674
interest was seized by the state, or the date of filing of a 11,675
corrupt activity lien notice in the county in which the property 11,676
or beneficial interest is located. If the property was not 11,677
seized and no corrupt activity lien notice was filed, title of 11,678
the state relates back to the date of the recording of the final 11,679
judgment of forfeiture in the county in which the personal 11,680
property or beneficial interest is located. 11,681
(H) If personal or real property, or a beneficial interest 11,683
in it, that is subject to forfeiture pursuant to section 2923.32 11,684
of the Revised Code is conveyed, alienated, disposed of, or 11,685
otherwise rendered unavailable for forfeiture after the filing of 11,686
either a corrupt activity lien notice, or a criminal or 11,687
delinquency proceeding for a violation of section 2923.32 or a 11,688
civil proceeding under section 2923.32 or 2923.34 of the Revised 11,689
Code, whichever is earlier, the state may bring an action in any 11,690
court of common pleas against the person named in the corrupt 11,691
activity lien notice or the defendant in the criminal, 11,692
delinquency, or civil proceeding to recover the value of the 11,693
property or interest. The court shall enter final judgment 11,694
against the person named in the notice or the defendant for an 11,695
amount equal to the value of the property or interest together 11,696
with investigative costs and attorney's fees incurred by the 11,697
state in the action. If a civil proceeding is pending, an action 11,698
275
pursuant to this section shall be filed in the court in which the 11,699
proceeding is pending. 11,700
(I) If personal or real property, or a beneficial interest 11,702
in it, that is subject to forfeiture pursuant to section 2923.32 11,703
of the Revised Code is alienated or otherwise transferred or 11,704
disposed of after either the filing of a corrupt activity lien 11,705
notice, or the filing of a criminal or delinquency proceeding for 11,706
a violation of section 2923.32 or a civil proceeding under 11,707
section 2923.32 or 2923.34 of the Revised Code, whichever is 11,708
earlier, the transfer or disposal is fraudulent as to the state 11,709
and the state shall have all the rights granted a creditor under 11,710
Chapter 1336. of the Revised Code. 11,711
(J) No trustee, who acquires actual knowledge that a 11,713
corrupt activity lien notice, a criminal or delinquency 11,714
proceeding for a violation of section 2923.32 or a civil 11,715
proceeding under section 2923.32 or 2923.34 of the Revised Code 11,716
has been filed against any person for whom he THE TRUSTEE holds 11,717
legal or record title to personal or real property, shall 11,718
recklessly fail to furnish promptly to the prosecuting attorney 11,719
all of the following: 11,720
(1) The name and address of the person, as known to the 11,722
trustee; 11,723
(2) The name and address, as known to the trustee, of all 11,725
other persons for whose benefit the trustee holds title to the 11,726
property; 11,727
(3) If requested by the prosecuting attorney, a copy of 11,729
the trust agreement or other instrument under which the trustee 11,730
holds title to the property. 11,731
Any trustee who fails to comply with this division is 11,733
guilty of failure to provide corrupt activity lien information, a 11,734
misdemeanor of the first degree. 11,735
(K) If a trustee transfers title to personal or real 11,737
property after a corrupt activity lien notice is filed against 11,738
the property, the lien is filed in the county in which the 11,739
276
property is located, and the lien names a person who holds a 11,740
beneficial interest in the property, the trustee, if he THE 11,741
TRUSTEE has actual notice of the notice, shall be liable to the 11,742
state for the greater of the following: 11,743
(1) The proceeds received directly by the person named in 11,745
the notice as a result of the transfer; 11,746
(2) The proceeds received by the trustee as a result of 11,748
the transfer and distributed to the person named in the notice; 11,749
(3) The fair market value of the interest of the person 11,751
named in the notice in the property transferred. 11,752
However, if the trustee transfers property for at least its 11,754
fair market value and holds the proceeds that otherwise would be 11,755
paid or distributed to the beneficiary, or at the direction of 11,756
the beneficiary or his THE BENEFICIARY'S designee, the liability 11,757
of the trustee shall not exceed the amount of the proceeds held 11,758
by the trustee. 11,759
(L) The filing of a corrupt activity lien notice does not 11,761
constitute a lien on the record title to personal or real 11,762
property owned by the trustee, except to the extent the trustee 11,763
is named in the notice. 11,764
The prosecuting attorney for the county may bring a civil 11,766
action in any court of common pleas to recover from the trustee 11,767
the amounts set forth in division (H) of this section. The 11,768
county may recover investigative costs and attorney's fees 11,769
incurred by the prosecuting attorney. 11,770
(M)(1) This section does not apply to any transfer by a 11,772
trustee under a court order, unless the order is entered in an 11,773
action between the trustee and the beneficiary. 11,774
(2) Unless the trustee has actual knowledge that a person 11,776
owning a beneficial interest in the trust is named in a corrupt 11,777
activity lien notice or otherwise is a defendant in a civil 11,778
proceeding brought pursuant to section 2923.34 of the Revised 11,779
Code, this section does not apply to either of the following: 11,780
(a) Any transfer by a trustee required under the terms of 11,782
277
any trust agreement, if the agreement is a matter of public 11,783
record before the filing of any corrupt activity lien notice; 11,784
(b) Any transfer by a trustee to all of the persons who 11,786
own a beneficial interest in the trust. 11,787
(N) The filing of a corrupt activity lien notice does not 11,789
affect the use to which personal or real property, or a 11,790
beneficial interest in it, that is owned by the person named in 11,791
the notice may be put or the right of the person to receive any 11,792
proceeds resulting from the use and ownership, but not the sale, 11,793
of the property, until a judgment of forfeiture is entered. 11,794
(O) The term of a corrupt activity lien notice is five 11,796
years from the date the notice is filed, unless a renewal notice 11,797
has been filed by the prosecuting attorney of the county in which 11,798
the property or interest is located. The term of any renewal of 11,799
a corrupt activity lien notice granted by the court is five years 11,800
from the date of its filing. A corrupt activity lien notice may 11,801
be renewed any number of times while a criminal or civil 11,802
proceeding under section 2923.32 or 2923.34 of the Revised Code, 11,803
or an appeal from either type of proceeding, is pending. 11,804
(P) The prosecuting attorney who files the corrupt 11,806
activity lien notice may terminate, in whole or part, any corrupt 11,807
activity lien notice or release any personal or real property or 11,808
beneficial interest in the property upon any terms that he THE 11,809
PROSECUTING ATTORNEY determines are appropriate. Any termination 11,810
or release shall be filed by the prosecuting attorney with each 11,812
county recorder with whom the notice was filed. No fee shall be 11,813
imposed for the filing. 11,814
(Q)(1) If no civil proceeding has been brought by the 11,816
prosecuting attorney pursuant to section 2923.34 of the Revised 11,817
Code against the person named in the corrupt activity lien 11,818
notice, the acquittal in a criminal or delinquency proceeding for 11,819
a violation of section 2923.32 of the Revised Code of the person 11,820
named in the notice or the dismissal of a criminal or delinquency 11,821
proceeding for such a violation against the person named in the 11,822
278
notice terminates the notice. In such a case, the filing of the 11,823
notice has no effect. 11,824
(2) If a civil proceeding has been brought pursuant to 11,826
section 2923.34 of the Revised Code with respect to any property 11,827
that is the subject of a corrupt activity lien notice and if the 11,828
criminal or delinquency proceeding brought against the person 11,829
named in the notice for a violation of section 2923.32 of the 11,830
Revised Code has been dismissed or the person named in the notice 11,831
has been acquitted in the criminal or delinquency proceeding for 11,832
such a violation, the notice shall continue for the duration of 11,833
the civil proceeding and any appeals from the civil proceeding, 11,834
except that it shall not continue any longer than the term of the 11,835
notice as determined pursuant to division (O) of this section. 11,836
(3) If no civil proceeding brought pursuant to section 11,838
2923.34 of the Revised Code then is pending against the person 11,839
named in a corrupt activity lien notice, any person so named may 11,840
bring an action against the prosecuting attorney who filed the 11,841
notice, in the county where it was filed, seeking a release of 11,842
the property subject to the notice or termination of the notice. 11,843
In such a case, the court of common pleas promptly shall set a 11,844
date for hearing, which shall be not less than five nor more than 11,845
ten days after the action is filed. The order and a copy of the 11,846
complaint shall be served on the prosecuting attorney within 11,847
three days after the action is filed. At the hearing, the court 11,848
shall take evidence as to whether any personal or real property, 11,849
or beneficial interest in it, that is owned by the person 11,850
bringing the action is covered by the notice or otherwise is 11,851
subject to forfeiture. If the person bringing the action shows 11,852
by a preponderance of the evidence that the notice does not apply 11,853
to him THE PERSON or that any personal or real property, or 11,854
beneficial interest in it, that is owned by him THE PERSON is not 11,856
subject to forfeiture, the court shall enter a judgment
terminating the notice or releasing the personal or real property 11,857
or beneficial interest from the notice. 11,858
279
At a hearing, the court may release from the notice any 11,860
property or beneficial interest upon the posting of security, by 11,861
the person against whom the notice was filed, in an amount equal 11,862
to the value of the property or beneficial interest owned by the 11,863
person. 11,864
(4) The court promptly shall enter an order terminating a 11,866
corrupt activity lien notice or releasing any personal or real 11,867
property or beneficial interest in the property, if a sale of the 11,868
property or beneficial interest is pending and the filing of the 11,869
notice prevents the sale. However, the proceeds of the sale 11,870
shall be deposited with the clerk of the court, subject to the 11,871
further order of the court. 11,872
(R) Notwithstanding any provision of this section, any 11,874
person who has perfected a security interest in personal or real 11,875
property or a beneficial interest in the property for the payment 11,876
of an enforceable debt or other similar obligation prior to the 11,877
filing of a corrupt activity lien notice or a lis pendens in 11,878
reference to the property or interest may foreclose on the 11,879
property or interest as otherwise provided by law. The 11,880
foreclosure, insofar as practical, shall be made so that it 11,881
otherwise will not interfere with a forfeiture under section 11,882
2923.32 of the Revised Code. 11,883
Sec. 2923.44. (A)(1) In accordance with division (B) of 11,892
this section, a person who is convicted of or pleads guilty to a 11,893
violation of section 2923.42 of the Revised Code, and a juvenile 11,895
who is found by a juvenile court to be a delinquent child for an 11,896
act committed in violation of section 2923.42 of the Revised 11,897
Code, loses any right to the possession of property and forfeits 11,898
to the state any right, title, and interest the person may have 11,899
in that property if either of the following applies: 11,900
(a) The property constitutes, or is derived directly or 11,902
indirectly from, any proceeds that the person obtained directly 11,903
or indirectly from the commission of the violation of section 11,905
2923.42 of the Revised Code.
280
(b) The property was used or intended to be used in any 11,907
manner to commit, or to facilitate the commission of, the 11,908
violation of section 2923.42 of the Revised Code. 11,909
(2) All right, title, and interest of a person in property 11,911
described in division (A)(1) of this section vests in the state 11,912
upon the person's commission of the violation of section 2923.42 11,914
of the Revised Code of which the person is convicted or to which 11,915
the person pleads guilty and that is the basis of the forfeiture, 11,916
or upon the juvenile's commission of the act that is a violation 11,918
of section 2923.42 of the Revised Code, that is the basis of the 11,919
juvenile being found to be a delinquent child, and that is the 11,920
basis of the forfeiture. Subject to divisions (F)(3)(b) and 11,922
(5)(b) and (G)(2) of this section, if any right, title, or 11,924
interest in property is vested in this state under division 11,925
(A)(2) of this section and subsequently is transferred to a 11,926
person other than the adult offender or the delinquent child who 11,927
forfeits the right, title, or interest in the property under 11,928
division (A)(1) of this section, then, in accordance with 11,930
division (B) of this section, the right, title, or interest in 11,931
the property may be the subject of a special verdict of 11,932
forfeiture and, after any special verdict of forfeiture, shall be 11,933
ordered forfeited to this state, unless the transferee 11,934
establishes in a hearing held pursuant to division (F) of this 11,935
section that the transferee is a bona fide purchaser for value of 11,936
the right, title, or interest in the property and that, at the
time of its purchase, the transferee was reasonably without cause 11,937
to believe that it was subject to forfeiture under this section. 11,938
(3) The provisions of section 2923.45 of the Revised Code 11,940
that relate to the forfeiture of any right, title, or interest in 11,941
property associated with a violation of section 2923.42 of the 11,942
Revised Code pursuant to a civil action to obtain a civil 11,943
forfeiture do not apply to the forfeiture of any right, title, or 11,944
interest in property described in division (A)(1) of this section 11,945
that occurs pursuant to division (B) of this section upon a 11,946
281
person's conviction of or guilty plea to a violation of section 11,947
2923.42 of the Revised Code or upon a juvenile being found by a 11,949
juvenile court to be a delinquent child for an act that is a 11,950
violation of section 2923.42 of the Revised Code.
(4) Nothing in this section precludes a financial 11,952
institution that has or purports to have a security interest in 11,953
or lien on property described in division (A)(1) of this section 11,954
from commencing a civil action or taking other appropriate legal 11,955
action in connection with the property prior to its disposition 11,956
in accordance with section 2923.46 of the Revised Code for the 11,957
purpose of obtaining possession of the property in order to 11,958
foreclose or otherwise enforce the security interest or lien. A 11,959
financial institution may commence a civil action or take other 11,960
appropriate legal action for that purpose prior to the 11,961
disposition of the property in accordance with section 2923.46 of 11,963
the Revised Code, even if a prosecution for a violation of 11,964
section 2923.42 of the Revised Code or a delinquent child 11,965
proceeding for an act that is a violation of section 2923.42 of 11,966
the Revised Code has been or could be commenced, even if the 11,967
property is or could be the subject of an order of forfeiture 11,968
issued under division (B)(5) of this section, and even if the 11,969
property has been seized or is subject to seizure pursuant to 11,970
division (D) or (E) of this section.
If a financial institution commences a civil action or 11,972
takes any other appropriate legal action as described in division 11,974
(A)(4) of this section, if the financial institution subsequently 11,975
causes the sale of the property prior to its seizure pursuant to 11,976
division (D) or (E) of this section and its disposition pursuant 11,977
to section 2923.46 of the Revised Code, and if the person 11,978
responsible for the conduct of the sale has actual knowledge of 11,979
the commencement of a prosecution for a violation of section 11,981
2923.42 of the Revised Code or of a delinquent child proceeding 11,982
for an act that is a violation of section 2923.42 of the Revised 11,983
Code, actual knowledge of a pending forfeiture proceeding under 11,984
282
division (B) of this section, or actual knowledge of an order of 11,985
forfeiture issued under division (B)(5) of this section, then the 11,986
person responsible for the conduct of the sale shall dispose of 11,987
the proceeds of the sale in the following order: 11,988
(a) First, to the payment of the costs of the sale and to 11,990
the payment of the costs incurred by law enforcement agencies and 11,991
financial institutions in connection with the seizure of, storage 11,992
of, maintenance of, and provision of security for the property. 11,993
As used in this division, "costs" of a financial institution do 11,994
not include attorney's fees incurred by that institution in 11,995
connection with the property. 11,996
(b) Second, the remaining proceeds of the sale after 11,998
compliance with division (A)(4)(a) of this section, to the 12,000
payment in the order of priority of the security interests and 12,001
liens of valid security interests and liens pertaining to the 12,002
property that, at the time of the vesting in the state under 12,003
division (A)(2) of this section of the right, title, or interest 12,004
of the adult or juvenile, are held by known secured parties and 12,005
lienholders; 12,006
(c) Third, the remaining proceeds of the sale after 12,008
compliance with division (A)(4)(b) of this section, to the court 12,010
that has or would have jurisdiction in a prosecution for a 12,011
violation of section 2923.42 of the Revised Code or a delinquent 12,012
child proceeding for an act that is a violation of section 12,014
2923.42 of the Revised Code for disposition in accordance with 12,016
section 2923.46 of the Revised Code.
(B)(1) A criminal forfeiture of any right, title, or 12,018
interest in property described in division (A)(1) of this section 12,019
is precluded unless one of the following applies: 12,020
(a) The indictment, count in the indictment, or 12,022
information charging the violation of section 2923.42 of the 12,023
Revised Code specifies the nature of the right, title, or 12,025
interest of the alleged offender in the property described in 12,026
division (A)(1) of this section that is potentially subject to 12,027
283
forfeiture under this section, or a description of the property 12,028
of the alleged offender that is potentially subject to forfeiture 12,029
under this section, to the extent the right, title, or interest 12,030
in the property or the property reasonably is known at the time 12,031
of the filing of the indictment or information; or the complaint 12,032
OR INDICTMENT charging a juvenile with being a delinquent child 12,034
for the commission of an act that is a violation of section 12,035
2923.42 of the Revised Code specifies the nature of the right, 12,036
title, or interest of the juvenile in the property described in 12,038
division (A)(1) of this section that is potentially subject to 12,039
forfeiture under this section, or a description of the property 12,040
of the juvenile that is potentially subject to forfeiture under 12,041
this section, to the extent the right, title, or interest in the 12,042
property or the property reasonably is known at the time of the 12,043
filing of the complaint OR INDICTMENT. 12,044
(b) The property in question was not reasonably foreseen 12,046
to be subject to forfeiture under this section at the time of the 12,047
filing of the indictment, information, or complaint, the 12,048
prosecuting attorney gave prompt notice to the alleged offender 12,049
or juvenile of that property when it was discovered to be subject 12,050
to forfeiture under this section, and a verdict of forfeiture 12,051
described in division (B)(3) of this section requires the 12,052
forfeiture of that property. 12,053
(2) The specifications described in division (B)(1) of 12,055
this section shall be stated at the end of the body of the 12,056
indictment, count in the indictment, information, or complaint. 12,057
(3)(a) If a person is convicted of or pleads guilty to a 12,059
violation of section 2923.42 of the Revised Code or a juvenile is 12,060
found to be a delinquent child for an act that is a violation of 12,063
section 2923.42 of the Revised Code, then a special proceeding 12,064
shall be conducted in accordance with division (B)(3) of this 12,065
section to determine whether any property described in division 12,067
(B)(1)(a) or (b) of this section will be the subject of an order 12,069
of forfeiture under this section. Except as otherwise provided 12,070
284
in division (B)(3)(b) of this section, the jury in the criminal 12,072
action, the judge in the delinquent child action, or, if the 12,074
criminal action was a nonjury action, the judge in that action 12,075
shall hear and consider testimony and other evidence in the 12,076
proceeding relative to whether any property described in division 12,077
(B)(1)(a) or (b) of this section is subject to forfeiture under 12,079
this section. If the jury or judge determines that the 12,080
prosecuting attorney has established by a preponderance of the 12,081
evidence that any property so described is subject to forfeiture 12,082
under this section, the judge or juvenile judge shall render a 12,083
verdict of forfeiture that specifically describes the right, 12,084
title, or interest in property or the property that is subject to 12,085
forfeiture under this section. The Rules of Evidence shall apply 12,087
in the proceeding. 12,088
(b) If the trier of fact in a criminal action for a 12,091
violation of section 2923.42 of the Revised Code was a jury, 12,092
then, upon the filing of a motion by the person who was convicted 12,093
of or pleaded guilty to the violation of section 2923.42 of the 12,094
Revised Code, the determinations in the proceeding described in 12,096
division (B)(3) of this section instead shall be made by the 12,097
judge in the criminal action.
(4) In a criminal action for a violation of section 12,100
2923.42 of the Revised Code, if the trier of fact is a jury, the 12,101
jury shall not be informed of any specification described in 12,102
division (B)(1)(a) of this section or of any property described 12,103
in that division or division (B)(1)(b) of this section prior to 12,105
the alleged offender being convicted of or pleading guilty to the
violation of section 2923.42 of the Revised Code. 12,107
(5)(a) If a verdict of forfeiture is entered pursuant to 12,109
division (B)(3) of this section, then the court that imposes 12,110
sentence upon a person who is convicted of or pleads guilty to a 12,111
violation of section 2923.42 of the Revised Code, or the juvenile 12,112
court that finds a juvenile to be a delinquent child for an act 12,113
that is a violation of section 2923.42 of the Revised Code, in 12,114
285
addition to any other sentence imposed upon the offender or order 12,115
of disposition imposed upon the delinquent child, shall order 12,116
that the offender or delinquent child forfeit to the state all of 12,117
the offender's or delinquent child's right, title, and interest 12,118
in the property described in division (A)(1) of this section. If 12,119
a person is convicted of or pleads guilty to a violation of 12,120
section 2923.42 of the Revised Code, or a juvenile is found by a 12,121
juvenile court to be a delinquent child for an act that is a 12,122
violation of section 2923.42 of the Revised Code, and derives 12,124
profits or other proceeds from the offense or act, the court that 12,125
imposes sentence or an order of disposition upon the offender or 12,126
delinquent child, in lieu of any fine that the court is otherwise 12,128
authorized or required to impose, may impose upon the offender or 12,129
delinquent child a fine of not more than twice the gross profits 12,130
or other proceeds so derived. 12,131
(b) Notwithstanding any contrary provision of the Revised 12,134
Code, the clerk of the court shall pay all fines imposed pursuant 12,136
to division (B)(5) of this section to the county, municipal 12,137
corporation, township, park district created pursuant to section 12,138
511.18 or 1545.01 of the Revised Code, or state law enforcement 12,140
agencies in this state that were primarily responsible for or 12,141
involved in making the arrest of, and in prosecuting, the 12,142
offender. However, the clerk shall not pay a fine so imposed to 12,143
a law enforcement agency unless the agency has adopted a written 12,144
internal control policy pursuant to division (C)(2) of section 12,145
2923.42 of the Revised Code that addresses the use of the fine 12,146
moneys that it receives under division (B)(5) of this section and 12,147
division (C)(1) of section 2923.42 of the Revised Code. The law 12,150
enforcement agencies shall use the fines imposed and paid 12,152
pursuant to division (B)(5) of this section to subsidize their
efforts pertaining to criminal gangs, in accordance with the 12,153
written internal control policy adopted by the recipient agency 12,154
pursuant to division (C)(2) of section 2923.42 of the Revised 12,155
Code.
286
(6) If any of the property that is described in division 12,157
(A)(1) of this section and that is the subject of an order of 12,158
forfeiture issued under division (B)(5) of this section, because 12,159
of an act of the person who is convicted of or pleads guilty to 12,161
the violation of section 2923.42 of the Revised Code that is the 12,162
basis of the order of forfeiture or an act of the juvenile found 12,163
by a juvenile court to be a delinquent child for an act that is a 12,165
violation of section 2923.42 of the Revised Code and that is the 12,166
basis of the forfeiture, cannot be located upon the exercise of 12,167
due diligence, has been transferred to, sold to, or deposited 12,168
with a third party, has been placed beyond the jurisdiction of 12,169
the court, has been substantially diminished in value, or has 12,170
been commingled with other property that cannot be divided 12,171
without difficulty, the court that issues the order of forfeiture 12,172
shall order the forfeiture of any other property of the offender 12,173
or the delinquent child up to the value of any forfeited property
described in division (B)(6) of this section. 12,175
(C) There shall be a rebuttable presumption that any 12,177
right, title, or interest of a person in property described in 12,178
division (A)(1) of this section is subject to forfeiture under 12,179
division (B) of this section, if the state proves both of the 12,180
following by a preponderance of the evidence: 12,181
(1) The right, title, or interest in the property was 12,183
acquired by the offender or delinquent child during the period of 12,184
the commission of the violation of section 2923.42 of the Revised 12,185
Code, or within a reasonable time after that period. 12,187
(2) There is no likely source for the right, title, or 12,189
interest in the property other than proceeds obtained from the 12,190
commission of the violation of section 2923.42 of the Revised 12,191
Code.
(D)(1) Upon the application of the prosecuting attorney 12,193
who is prosecuting or has jurisdiction to prosecute the violation 12,195
of section 2923.42 of the Revised Code, the court of common pleas 12,196
or juvenile court of the county in which property subject to 12,197
287
forfeiture under division (B) of this section is located, 12,198
whichever is applicable, may issue a restraining order or 12,199
injunction, an order requiring the execution of a satisfactory 12,200
performance bond, or an order taking any other reasonable action 12,201
necessary to preserve the availability of the property, at either 12,202
of the following times:
(a) Upon the filing of an indictment, complaint, or 12,204
information charging a person who has any right, title, or 12,205
interest in the property with the commission of a violation of 12,206
section 2923.42 of the Revised Code and alleging that the 12,207
property with respect to which the order is sought will be 12,208
subject to forfeiture under division (B) of this section if the 12,209
person is convicted of or pleads guilty to the offense, or upon 12,210
the filing of a complaint OR INDICTMENT alleging that a juvenile 12,211
who has any right, title, or interest in the property is a 12,213
delinquent child because of the commission of an act that is a 12,214
violation of section 2923.42 of the Revised Code and alleging 12,215
that the property with respect to which the order is sought will 12,217
be subject to forfeiture under division (B) of this section if 12,218
the juvenile is found to be a delinquent child because of the 12,219
commission of that act;
(b) Except as provided in division (D)(3) of this section, 12,222
prior to the filing of an indictment, complaint, or information
charging a person who has any right, title, or interest in the 12,223
property with the commission of a violation of section 2923.42 of 12,225
the Revised Code, or prior to the filing of a complaint OR 12,226
INDICTMENT alleging that a juvenile who has any right, title, or 12,228
interest in the property is a delinquent child because of the 12,229
commission of an act that is a violation of section 2923.42 of 12,230
the Revised Code, if, after notice is given to all persons known 12,231
to have any right, title, or interest in the property and an 12,232
opportunity to have a hearing on the order is given to those 12,233
persons, the court determines both of the following: 12,234
(i) There is a substantial probability that the state will 12,236
288
prevail on the issue of forfeiture and that failure to enter the 12,237
order will result in the property subject to forfeiture being 12,238
destroyed, removed from the jurisdiction of the court, or 12,239
otherwise being made unavailable for forfeiture. 12,240
(ii) The need to preserve the availability of the property 12,242
subject to forfeiture through the entry of the requested order 12,243
outweighs the hardship on any party against whom the order is to 12,244
be entered. 12,245
(2) Except as provided in division (D)(3) of this section, 12,247
an order issued under division (D)(1) of this section is 12,248
effective for not more than ninety days, unless extended by the 12,249
court for good cause shown or unless an indictment, complaint, or 12,250
information charging the commission of a violation of section 12,252
2923.42 of the Revised Code or a complaint OR INDICTMENT alleging 12,253
that a juvenile is a delinquent child because of the commission 12,254
of an act that is a violation of section 2923.42 of the Revised 12,255
Code, is filed against any alleged adult offender or alleged 12,256
delinquent child with any right, title, or interest in the 12,257
property that is the subject of the order. 12,258
(3) A court may issue an order under division (D)(1)(b) of 12,261
this section without giving notice or an opportunity for a 12,262
hearing to persons known to have any right, title, or interest in 12,263
property if the prosecuting attorney who is prosecuting or has 12,264
jurisdiction to prosecute the violation of section 2923.42 of the 12,265
Revised Code demonstrates that there is probable cause to believe 12,266
that the property will be subject to forfeiture under division 12,267
(B) of this section if a person with any right, title, or 12,268
interest in the property is convicted of or pleads guilty to a 12,269
violation of section 2923.42 of the Revised Code or a juvenile 12,270
with any right, title, or interest in the property is found by a 12,271
juvenile court to be a delinquent child for an act that is a 12,272
violation of section 2923.42 of the Revised Code and that giving
notice or an opportunity for a hearing to persons with any right, 12,274
title, or interest in the property will jeopardize its 12,275
289
availability for forfeiture. The order shall be a temporary 12,276
order and shall expire not more than ten days after the date on 12,277
which it is entered, unless it is extended for good cause shown 12,278
or unless a person with any right, title, or interest in the 12,279
property that is the subject of the order consents to an 12,280
extension for a longer period. A hearing concerning an order 12,281
issued under division (D)(3) of this section may be requested, 12,282
and, if it is requested, the court shall hold the hearing at the 12,283
earliest possible time prior to the expiration of the order. 12,284
(4) At any hearing held under division (D) of this 12,286
section, the court may receive and consider evidence and 12,287
information that is inadmissible under the Rules of Evidence. 12,289
Each hearing held under division (D) of this section shall be 12,291
recorded by shorthand, by stenotype, or by any other mechanical, 12,292
electronic, or video recording device. If, as a result of a 12,293
hearing under division (D) of this section, property would be 12,294
seized, the recording of and any transcript of the recording of 12,295
that hearing shall not be a public record for purposes of section 12,296
149.43 of the Revised Code until that property has been seized 12,297
pursuant to division (D) of this section. Division (D)(4) of 12,298
this section does not require, authorize, or permit the making 12,300
available for inspection, or the copying, under section 149.43 of 12,301
the Revised Code of any confidential law enforcement 12,302
investigatory record or trial preparation record, as defined in 12,303
that section.
(5) A prosecuting attorney or other law enforcement 12,305
officer may request the court of common pleas of the county in 12,306
which property subject to forfeiture under this section is 12,307
located to issue a warrant authorizing the seizure of that 12,308
property. The request shall be made in the same manner as 12,309
provided for a search warrant. If the court determines that 12,310
there is probable cause to believe that the property to be seized 12,311
will be subject to forfeiture under this section when a person 12,312
with any right, title, or interest in the property is convicted 12,313
290
of or pleads guilty to a violation of section 2923.42 of the 12,315
Revised Code or when a juvenile with any right, title, or 12,316
interest in the property is found by a juvenile court to be a 12,317
delinquent child for an act that is a violation of section 12,318
2923.42 of the Revised Code and if the court determines that any 12,320
order issued under division (D)(1), (2), or (3) of this section 12,321
may not be sufficient to ensure the availability of the property 12,322
for forfeiture, the court shall issue a warrant authorizing the 12,323
seizure of the property. 12,324
(E)(1) Upon the entry of an order of forfeiture under this 12,326
section, the court shall order an appropriate law enforcement 12,327
officer to seize all of the forfeited property upon the terms and 12,328
conditions that the court determines are proper. In addition, 12,329
upon the request of the prosecuting attorney who prosecuted the 12,330
offense or act in violation of section 2923.42 of the Revised 12,332
Code, the court shall enter any appropriate restraining orders or 12,333
injunctions, require the execution of satisfactory performance 12,334
bonds, appoint receivers, conservators, appraisers, accountants, 12,335
or trustees, or take any other action to protect the interest of 12,336
the state in the forfeited property. Any income accruing to or 12,337
derived from property ordered forfeited under this section may be 12,338
used to offset ordinary and necessary expenses related to the 12,339
property that are required by law or that are necessary to 12,340
protect the interest of the state or third parties. 12,341
After forfeited property is seized, the prosecuting 12,343
attorney who prosecuted the offense or act in violation of 12,344
section 2923.42 of the Revised Code shall direct its disposition 12,345
in accordance with section 2923.46 of the Revised Code, making 12,347
due provision for the rights of any innocent persons. Any right, 12,348
title, or interest in property not exercisable by, or 12,349
transferable for value to, the state shall expire and shall not 12,350
revert to the offender whose conviction or plea of guilty or act 12,351
as a delinquent child is the basis of the order of forfeiture. 12,352
Neither the adult offender or delinquent child nor any person 12,353
291
acting in concert with or on behalf of the adult offender or 12,354
delinquent child is eligible to purchase forfeited property at 12,355
any sale held pursuant to section 2923.46 of the Revised Code. 12,356
Upon the application of any person other than the adult 12,358
offender or delinquent child whose right, title, or interest in 12,359
the property is the subject of the order of forfeiture or any 12,360
person acting in concert with or on behalf of the adult offender 12,361
or delinquent child, the court may restrain or stay the sale or 12,363
other disposition of the property pursuant to section 2923.46 of 12,364
the Revised Code pending the conclusion of any appeal of the 12,365
conviction or of the delinquent child adjudication that is the 12,366
basis of the order of forfeiture, if the applicant demonstrates 12,367
that proceeding with the sale or other disposition of the 12,368
property will result in irreparable injury or loss to the 12,369
applicant.
(2) With respect to property that is the subject of an 12,371
order of forfeiture issued under this section, the court that 12,372
issued the order, upon the petition of the prosecuting attorney 12,373
who prosecuted the offense or act in violation of section 2923.42 12,375
of the Revised Code, may do any of the following: 12,377
(a) Grant petitions for mitigation or remission of 12,379
forfeiture, restore forfeited property to victims of a violation 12,380
of section 2923.42 of the Revised Code, or take any other action 12,381
to protect the rights of innocent persons that is in the interest 12,382
of justice and that is not inconsistent with this section; 12,383
(b) Compromise claims that arise under this section; 12,385
(c) Award compensation to persons who provide information 12,387
resulting in a forfeiture under this section; 12,388
(d) Direct the disposition by the prosecuting attorney who 12,390
prosecuted the offense or act in violation of section 2923.42 of 12,392
the Revised Code, in accordance with section 2923.46 of the 12,393
Revised Code, of all property ordered forfeited under this 12,394
section, making due provision for the rights of innocent persons; 12,396
(e) Pending the disposition of any property that is the 12,398
292
subject of an order of forfeiture under this section, take any 12,399
appropriate measures that are necessary to safeguard and maintain 12,400
the property. 12,401
(3) To facilitate the identification and location of 12,403
property that is the subject of an order of forfeiture under this 12,404
section and to facilitate the disposition of petitions for 12,405
remission or mitigation issued under division (E)(2) of this 12,406
section, after the issuance of an order of forfeiture under this 12,407
section and upon application by the prosecuting attorney who 12,408
prosecuted the offense or act in violation of section 2923.42 of 12,410
the Revised Code, the court may order that the testimony of any 12,412
witness relating to the forfeited property be taken by 12,413
deposition, and that any designated book, paper, document, 12,414
record, recording, or other material that is not privileged be 12,415
produced at the same time and place as the testimony, in the same 12,416
manner as provided for the taking of depositions under the Rules 12,417
of Civil Procedure.
(F)(1) Except as provided in divisions (F)(2) to (5) of 12,419
this section, no person claiming any right, title, or interest in 12,420
property subject to forfeiture under this section or section 12,421
2923.45 of the Revised Code may intervene in a criminal trial or 12,423
appeal, or a delinquent child proceeding or appeal, involving the 12,424
forfeiture of the property under this section or in a civil 12,425
action for a civil forfeiture under section 2923.45 of the 12,426
Revised Code or may commence an action at law or equity against 12,428
the state concerning the validity of the person's alleged right,
title, or interest in the property subsequent to the filing of an 12,429
indictment, complaint, or information alleging that the property 12,430
is subject to forfeiture under this section or subsequent to the 12,431
filing of a complaint OR INDICTMENT alleging that a juvenile who 12,432
has any right, title, or interest in the property is a delinquent 12,434
child because of the commission of an act that is a violation of 12,435
section 2923.42 of the Revised Code and alleging that the 12,437
property is subject to forfeiture under this section. 12,438
293
(2) After the entry of an order of forfeiture under this 12,440
section, the prosecuting attorney who prosecuted the offense or 12,441
act in violation of section 2923.42 of the Revised Code shall 12,442
conduct or cause to be conducted a search of the appropriate 12,444
public records that relate to the property and shall make or 12,445
cause to be made reasonably diligent inquiries for the purpose of 12,446
identifying persons who have any right, title, or interest in the 12,447
property. The prosecuting attorney then shall cause a notice of 12,448
the order of forfeiture, of the prosecuting attorney's intent to 12,449
dispose of the property in accordance with section 2923.46 of the 12,450
Revised Code, and of the manner of the proposed disposal to be 12,452
given by certified mail, return receipt requested, or by personal 12,453
service to each person who is known, because of the conduct of 12,454
the search, the making of the inquiries, or otherwise, to have 12,455
any right, title, or interest in the property. Additionally, the 12,456
prosecuting attorney shall cause a similar notice to be published 12,457
once a week for two consecutive weeks in a newspaper of general 12,458
circulation in the county in which the property was seized. 12,459
(3)(a) Any person, other than the adult offender whose 12,461
conviction or guilty plea or the delinquent child whose 12,462
adjudication is the basis of the order of forfeiture, who asserts 12,463
a legal right, title, or interest in the property that is the 12,464
subject of the order may petition the court that issued the 12,465
order, within thirty days after the earlier of the final 12,466
publication of notice or the person's receipt of notice under 12,467
division (F)(2) of this section, for a hearing to adjudicate the 12,468
validity of the person's alleged right, title, or interest in the 12,470
property. The petition shall be signed by the petitioner under 12,471
the penalties for falsification as specified in section 2921.13 12,472
of the Revised Code and shall set forth the nature and extent of 12,473
the petitioner's right, title, or interest in the property, the 12,474
time and circumstances of the petitioner's acquisition of that 12,475
right, title, or interest, any additional facts supporting the 12,476
petitioner's claim, and the relief sought. 12,477
294
(b) In lieu of filing a petition as described in division 12,479
(F)(3)(a) of this section, a secured party or other lienholder of 12,481
record that asserts a legal right, title, or interest in the 12,482
property that is the subject of the order, including, but not 12,483
limited to, a mortgage, security interest, or other type of lien, 12,484
may file an affidavit as described in division (F)(3)(b) of this 12,486
section to establish the validity of the alleged right, title, or 12,487
interest in the property. The secured party or lienholder shall 12,488
file the affidavit within thirty days after the earlier of the 12,490
final publication of notice or the receipt of notice under 12,491
division (F)(2) of this section and, except as otherwise provided 12,492
in this section, the affidavit shall constitute prima-facie
evidence of the validity of the secured party's or other 12,493
lienholder's alleged right, title, or interest in the property. 12,494
Unless the prosecuting attorney files a motion challenging the 12,495
affidavit within ten days after its filing and unless the 12,496
prosecuting attorney establishes by a preponderance of the 12,497
evidence at a subsequent hearing before the court that issued the 12,499
forfeiture order, that the secured party or other lienholder does 12,500
not possess the alleged right, title, or interest in the property 12,501
or that the secured party or other lienholder had actual
knowledge of facts pertaining to the violation that was the basis 12,502
of the forfeiture order, the affidavit shall constitute 12,504
conclusive evidence of the validity of the secured party's or 12,505
other lienholder's right, title, or interest in the property and 12,506
shall have the legal effect described in division (G)(2) of this 12,507
section. To the extent practicable and consistent with the 12,508
interests of justice, the court shall hold any hearing held 12,509
pursuant to division (F)(3)(b) of this section within thirty days 12,510
after the prosecuting attorney files the motion. At any such 12,511
hearing, the prosecuting attorney and the secured party or other 12,512
lienholder may present evidence and witnesses and may 12,513
cross-examine witnesses.
In order to be valid for the purposes of this division and 12,515
295
division (G)(2) of this section, the affidavit of a secured party 12,516
or other lienholder shall contain averments that the secured 12,517
party or other lienholder acquired its alleged right, title, or 12,518
interest in the property in the regular course of its business, 12,519
for a specified valuable consideration, without actual knowledge 12,520
of any facts pertaining to the violation that was the basis of 12,521
the forfeiture order, in good faith and without the intent to 12,523
prevent or otherwise impede the state from seizing or obtaining a 12,524
forfeiture of the property under sections 2923.44 to 2923.47 of 12,525
the Revised Code, and prior to the seizure or forfeiture of the 12,526
property under those sections.
(4) Upon receipt of a petition filed under division (F)(3) 12,528
of this section, the court shall hold a hearing to determine the 12,529
validity of the petitioner's right, title, or interest in the 12,530
property that is the subject of the order of forfeiture. To the 12,531
extent practicable and consistent with the interests of justice, 12,532
the court shall hold the hearing within thirty days after the 12,533
filing of the petition. The court may consolidate the hearing on 12,534
the petition with a hearing on any other petition filed by a 12,535
person other than the offender whose conviction or guilty plea or 12,536
adjudication as a delinquent child is the basis of the order of 12,537
forfeiture. At the hearing, the petitioner may testify, present 12,538
evidence and witnesses on the petitioner's behalf, and 12,539
cross-examine witnesses for the state. The state may present 12,540
evidence and witnesses in rebuttal and in defense of its claim to 12,541
the property and cross-examine witnesses for the petitioner. In 12,542
addition to evidence and testimony presented at the hearing, the 12,543
court shall consider the relevant portions of the record in the 12,544
case that resulted in the order of forfeiture. 12,546
(5)(a) The court shall amend its order of forfeiture in 12,548
accordance with its determination if it determines at the hearing 12,550
that the petitioner has established either of the following by a 12,551
preponderance of the evidence:
(i) The petitioner has a legal right, title, or interest 12,553
296
in the property that renders the order of forfeiture completely 12,554
or partially invalid because it was vested in the petitioner, 12,555
rather than the adult offender whose conviction or guilty plea or 12,556
the delinquent child whose adjudication is the basis of the 12,557
order, or was superior to any right, title, or interest of that 12,558
adult offender or delinquent child, at the time of the commission 12,559
of the violation that is the basis of the order. 12,560
(ii) The petitioner is a bona fide purchaser for value of 12,562
the right, title, or interest in the property and was at the time 12,563
of the purchase reasonably without cause to believe that it was 12,564
subject to forfeiture under this section. 12,565
(b) The court also shall amend its order of forfeiture to 12,567
reflect any right, title, or interest of a secured party or other 12,568
lienholder of record in the property subject to the order that 12,569
was established pursuant to division (F)(3)(b) of this section by 12,571
means of an affidavit, or that was established pursuant to that 12,572
division by the failure of a prosecuting attorney to establish, 12,573
in a hearing as described in that division, that the secured 12,574
party or other lienholder did not possess the alleged right, 12,575
title, or interest in the property or that the secured party or 12,576
other lienholder had actual knowledge of facts pertaining to the 12,577
violation that was the basis of the order. 12,578
(G)(1) Subject to division (G)(2) of this section, if the 12,581
court has disposed of all petitions filed under division (F) of 12,582
this section or if no petitions are filed under that division and 12,583
the time for filing petitions under that division has expired, 12,584
the state shall have clear title to all property that is the 12,585
subject of an order of forfeiture issued under this section and 12,586
may warrant good title to any subsequent purchaser or other 12,587
transferee. 12,588
(2) If an affidavit as described in division (F)(3)(b) of 12,591
this section is filed in accordance with that division, if the 12,592
affidavit constitutes under the circumstances described in that 12,593
division conclusive evidence of the validity of the right, title, 12,595
297
or interest of a secured party or other lienholder of record in 12,596
the property subject to a forfeiture order, and if any mortgage, 12,597
security interest, or other type of lien possessed by the secured 12,598
party or other lienholder in connection with the property is not 12,599
satisfied prior to a sale or other disposition of the property 12,600
pursuant to section 2923.46 of the Revised Code, then the right, 12,602
title, or interest of the secured party or other lienholder in 12,603
the property remains valid for purposes of sections 2923.44 to 12,604
2923.47 of the Revised Code and any subsequent purchaser or other 12,605
transferee of the property pursuant to section 2923.46 of the 12,606
Revised Code shall take the property subject to the continued 12,607
validity of the right, title, or interest of the secured party or 12,608
other lienholder in the property.
Sec. 2923.45. (A) The following property is subject to 12,617
forfeiture to the state in a civil action as described in 12,618
division (E) of this section, and no person has any right, title, 12,619
or interest in the following property: 12,620
(1) Any property that constitutes, or is derived directly 12,622
or indirectly from, any proceeds that a person obtained directly 12,623
or indirectly from the commission of an act that, upon the filing 12,624
of an indictment, complaint, or information, could be prosecuted 12,626
as a violation of section 2923.42 of the Revised Code or that, 12,627
upon the filing of a complaint OR INDICTMENT, could be the basis 12,629
for finding a juvenile to be a delinquent child for committing an 12,631
act that is a violation of section 2923.42 of the Revised Code; 12,632
(2) Any property that was used or intended to be used in 12,634
any manner to commit, or to facilitate the commission of, an act 12,635
that, upon the filing of an indictment, complaint, or 12,636
information, could be prosecuted as a violation of section 12,637
2923.42 of the Revised Code or that, upon the filing of a 12,639
complaint OR INDICTMENT, could be the basis for finding a 12,641
juvenile to be a delinquent child for committing an act that is a 12,642
violation of section 2923.42 of the Revised Code.
(B)(1) All right, title, and interest in property 12,644
298
described in division (A) of this section shall vest in the state 12,645
upon the commission of the act giving rise to a civil forfeiture 12,646
under this section. 12,647
(2) The provisions of section 2933.43 of the Revised Code 12,650
relating to the procedures for the forfeiture of contraband do 12,651
not apply to a civil action to obtain a civil forfeiture under 12,652
this section. 12,653
(3) Any property taken or detained pursuant to this 12,655
section is not subject to replevin and is considered to be in the 12,656
custody of the head of the law enforcement agency that seized the 12,657
property. 12,658
This section does not preclude the head of a law 12,660
enforcement agency that seizes property from seeking the 12,661
forfeiture of that property pursuant to federal law. If the head 12,663
of a law enforcement agency that seizes property does not seek 12,664
the forfeiture of that property pursuant to federal law and if 12,665
the property is subject to forfeiture under this section, the 12,666
property is subject only to the orders of the court of common
pleas of the county in which the property is located, and it 12,667
shall be disposed of in accordance with section 2923.46 of the 12,668
Revised Code. 12,669
(4) Nothing in this section precludes a financial 12,671
institution that has or purports to have a security interest in 12,672
or lien on property described in division (A) of this section 12,673
from commencing a civil action or taking other appropriate legal 12,674
action in connection with the property, prior to its disposition 12,675
in accordance with section 2923.46 of the Revised Code, for the 12,677
purpose of obtaining possession of the property in order to
foreclose or otherwise enforce the security interest or lien. A 12,678
financial institution may commence a civil action or take other 12,679
appropriate legal action for that purpose prior to the 12,680
disposition of the property in accordance with section 2923.46 of 12,681
the Revised Code, even if a civil action to obtain a civil 12,682
forfeiture has been or could be commenced under this section, 12,683
299
even if the property is or could be the subject of an order of 12,684
civil forfeiture issued under this section, and even if the 12,685
property has been seized or is subject to seizure pursuant to 12,686
this section. 12,687
If a financial institution commences a civil action or 12,689
takes any other appropriate legal action as described in this 12,690
division, if the financial institution subsequently causes the 12,691
sale of the property prior to its seizure pursuant to this 12,692
section and its disposition pursuant to section 2923.46 of the 12,693
Revised Code, and if the person responsible for the conduct of 12,695
the sale has actual knowledge of the commencement of a civil 12,696
action to obtain a civil forfeiture under this section or actual 12,697
knowledge of an order of civil forfeiture issued under this 12,698
section, then the person responsible for the conduct of the sale 12,699
shall dispose of the proceeds of the sale in the following order: 12,700
(a) First, to the payment of the costs of the sale and to 12,702
the payment of the costs incurred by law enforcement agencies and 12,703
financial institutions in connection with the seizure of, storage 12,704
of, maintenance of, and provision of security for the property. 12,705
As used in this division, "costs" of a financial institution do 12,706
not include attorney's fees incurred by that institution in 12,707
connection with the property. 12,708
(b) Second, the remaining proceeds of the sale after 12,710
compliance with division (B)(4)(a) of this section, to the 12,712
payment in the order of priority of the security interests and 12,713
liens of valid security interests and liens pertaining to the 12,714
property that, at the time of the vesting in the state under 12,715
division (B)(1) of this section of the right, title, or interest 12,717
of the adult or juvenile, are held by known secured parties and
lienholders; 12,718
(c) Third, the remaining proceeds of the sale after 12,720
compliance with division (B)(4)(b) of this section, to the court 12,722
that has or would have jurisdiction in a civil action to obtain a
civil forfeiture under this section, for disposition in 12,723
300
accordance with section 2923.46 of the Revised Code. 12,724
(C)(1) A law enforcement officer may seize any property 12,726
that is subject to civil forfeiture under this section upon 12,729
process, or a warrant as described in division (C)(2) of this 12,730
section, issued by a court of common pleas that has jurisdiction 12,731
over the property. Additionally, a law enforcement officer may
seize the property, without process or a warrant being so issued, 12,733
when any of the following applies: 12,735
(a) The seizure is incident to an arrest, a search under a 12,737
search warrant, a lawful search without a search warrant, or an 12,738
inspection under an administrative inspection warrant. 12,739
(b) The property is the subject of a prior judgment in 12,741
favor of the state in a restraining order, injunction, or other 12,742
preservation order proceeding under section 2923.44 of the 12,743
Revised Code, or is the subject of a forfeiture order issued 12,744
pursuant to that section. 12,745
(c) The law enforcement officer has probable cause to 12,747
believe that the property is directly or indirectly dangerous to 12,748
the public health or safety. 12,749
(d) The initial intrusion by the law enforcement officer 12,751
afforded the officer with plain view of personal property that is 12,752
subject to civil forfeiture in a civil action under this section, 12,753
the initial intrusion by the law enforcement officer was lawful, 12,754
the discovery of the personal property by the law enforcement 12,755
officer was inadvertent, and the incriminating nature of the 12,756
personal property was immediately apparent to the law enforcement 12,757
officer.
(2) For purposes of division (C)(1) of this section, the 12,759
state may request a court of common pleas to issue a warrant that 12,760
authorizes the seizure of property that is subject to civil 12,761
forfeiture under this section, in the same manner as provided in 12,762
Criminal Rule 41 and Chapter 2933. of the Revised Code for the 12,764
issuance of a search warrant. For purposes of division (C)(1) of 12,766
this section, any proceeding before a court of common pleas that 12,767
301
involves a request for the issuance of process, or a warrant as 12,768
described in this division, authorizing the seizure of any 12,769
property that is subject to civil forfeiture under this section 12,770
shall be recorded by shorthand, by stenotype, or by any other 12,771
mechanical, electronic, or video recording device. The recording 12,772
of and any transcript of the recording of such a proceeding shall 12,773
not be a public record for purposes of section 149.43 of the 12,774
Revised Code until the property has been seized pursuant to the 12,776
process or warrant. This division does not require, authorize, 12,778
or permit the making available for inspection, or the copying, 12,779
under section 149.43 of the Revised Code of any confidential law 12,780
enforcement investigatory record or trial preparation record, as 12,781
defined in that section.
(3) If property is seized pursuant to division (C)(1) of 12,783
this section and if a civil action to obtain a civil forfeiture 12,784
under this section, a criminal action that could result in a 12,785
criminal forfeiture under section 2923.44 of the Revised Code, or 12,787
a delinquent child proceeding that could result in a criminal 12,788
forfeiture under that section is not pending at the time of the 12,789
seizure or previously did not occur in connection with the 12,790
property, then the prosecuting attorney of the county in which 12,791
the seizure occurred promptly shall commence a civil action to 12,792
obtain a civil forfeiture under this section in connection with 12,793
the property, unless an indictment, complaint, or information 12,795
alleging the commission of a violation of section 2923.42 of the 12,796
Revised Code or a complaint OR INDICTMENT alleging that a 12,798
juvenile is a delinquent child because of the commission of an 12,800
act that is a violation of section 2923.42 of the Revised Code is 12,801
filed prior to the commencement of the civil action. Nothing in 12,803
division (C)(3) of this section precludes the filing of an 12,804
indictment, complaint, or information alleging the commission of 12,805
a violation of section 2923.42 of the Revised Code or the filing 12,806
of a complaint OR INDICTMENT alleging that a juvenile is a 12,808
delinquent child because of the commission of an act that is a 12,809
302
violation of section 2923.42 of the Revised Code, after the
commencement of a civil action to obtain a civil forfeiture under 12,811
this section.
(D)(1) The filing of an indictment, complaint, or 12,813
information alleging the commission of a violation of section 12,814
2923.42 of the Revised Code that also is the basis of a civil 12,816
action for a civil forfeiture under this section, or the filing 12,817
of a complaint OR INDICTMENT alleging that a juvenile is a 12,818
delinquent child because of the commission of an act that is a 12,819
violation of section 2923.42 of the Revised Code, and that also 12,821
is the basis of a civil action for a civil forfeiture under this 12,822
section, upon the motion of the prosecuting attorney of the 12,823
county in which the indictment, complaint, or information or the 12,824
complaint OR INDICTMENT in the delinquent child proceeding is 12,826
filed, shall stay the civil action. 12,827
(2) A civil action to obtain a civil forfeiture under this 12,829
section may be commenced as described in division (E) of this 12,830
section whether or not the adult or juvenile who committed a 12,831
violation of section 2923.42 of the Revised Code or an act that 12,832
is a violation of section 2923.42 of the Revised Code has been 12,833
charged by an indictment, complaint, or information with the 12,834
commission of a violation of that section, has pleaded guilty to 12,835
or been found guilty of a violation of that section, has been 12,836
determined to be a delinquent child for the commission of a 12,837
violation of that section, has been found not guilty of 12,838
committing a violation of that section, or has not been
determined to be a delinquent child for the alleged commission of 12,839
a violation of that section. 12,840
(E)(1) The prosecuting attorney of the county in which 12,842
property described in division (A) of this section is located may 12,843
commence a civil action to obtain a civil forfeiture under this 12,844
section by filing in the court of common pleas of that county a 12,845
complaint that requests the issuance of an order of civil 12,846
forfeiture of the property to the state. Notices of the action 12,847
303
shall be served and published in accordance with division (E)(2) 12,848
of this section. 12,849
(2) Prior to or simultaneously with the commencement of 12,851
the civil action as described in division (E)(1) of this section, 12,852
the prosecuting attorney shall conduct or cause to be conducted a 12,853
search of the appropriate public records that relate to the 12,854
property subject to civil forfeiture, and shall make or cause to 12,855
be made reasonably diligent inquiries, for the purpose of 12,856
identifying persons who have any right, title, or interest in the 12,857
property. The prosecuting attorney then shall cause a notice of 12,858
the commencement of the civil action, together with a copy of the 12,859
complaint filed in it, to be given to each person who is known, 12,860
because of the conduct of the search, the making of the 12,861
inquiries, or otherwise, to have any right, title, or interest in 12,862
the property, by certified mail, return receipt requested, or by 12,863
personal service. Additionally, the prosecuting attorney shall 12,864
cause a similar notice to be published once a week for two 12,865
consecutive weeks in a newspaper of general circulation in the 12,866
county in which the property is located. 12,867
(3) The procedures specified in divisions (F)(3) to (5) of 12,869
section 2923.44 of the Revised Code apply to persons claiming any 12,871
right, title, or interest in property subject to civil forfeiture
under this section. The references in those divisions to the 12,872
adult offender whose conviction or guilty plea, or the delinquent 12,873
child whose adjudication, is the basis of an order of criminal 12,874
forfeiture shall be construed for purposes of this section to 12,875
mean the adult or juvenile who committed the act that could be 12,876
the basis of an order of civil forfeiture under this section, and 12,877
the references in those divisions to an issued order of criminal 12,878
forfeiture shall be inapplicable. 12,879
(4) A hearing shall be held in the civil action described 12,881
in division (E)(1) of this section at least thirty days after the 12,882
final publication of notice as required by division (E)(2) of 12,883
this section and after the date of completion of the service of 12,884
304
notice by personal service or certified mail, return receipt 12,885
requested, as required by that division. Following the hearing, 12,886
the court shall issue the requested order of civil forfeiture if 12,887
the court determines that the prosecuting attorney has proven by 12,888
clear and convincing evidence that the property in question is 12,889
property as described in division (A)(1) or (2) of this section 12,890
and if the court has disposed of all petitions filed under 12,891
division (E)(3) of this section or no petitions have been so 12,892
filed and the time for filing them has expired. An order of 12,893
civil forfeiture so issued shall state that all right, title, and 12,894
interest in the property in question of the adult or juvenile who 12,895
committed the act that is the basis of the order is forfeited to 12,896
the state and shall make due provision for the right, title, or 12,897
interest in that property of any other person in accordance with 12,898
any determinations made by the court under division (E)(3) of 12,899
this section and in accordance with divisions (F)(5)(b) and 12,901
(G)(2) of section 2923.44 of the Revised Code. 12,902
(5) Subject to division (G)(2) of section 2923.44 of the 12,904
Revised Code, if a court of common pleas enters an order of civil 12,906
forfeiture in accordance with division (E) of this section, the 12,907
state shall have clear title to the property that is the subject 12,908
of the order and may warrant good title to any subsequent 12,909
purchaser or other transferee. 12,910
Sec. 2925.42. (A)(1) In accordance with division (B) of 12,919
this section, a person who is convicted of or pleads guilty to a 12,920
felony drug abuse offense, and any juvenile who is found by a 12,921
juvenile court to be a delinquent child for an act that, if 12,922
committed by an adult, would be a felony drug abuse offense, 12,923
loses any right to the possession of property and forfeits to the 12,924
state any right, title, and interest the person may have in that 12,925
property if either of the following applies: 12,926
(a) The property constitutes, or is derived directly or 12,928
indirectly from, any proceeds that the person obtained directly 12,929
or indirectly from the commission of the felony drug abuse 12,930
305
offense or act. 12,931
(b) The property was used or intended to be used in any 12,933
manner to commit, or to facilitate the commission of, the felony 12,934
drug abuse offense or act. 12,935
(2) All right, title, and interest of a person in property 12,937
described in division (A)(1) of this section vests in the state 12,938
upon the person's commission of the felony drug abuse offense of 12,939
which the person is convicted or to which the person pleads 12,940
guilty and that is the basis of the forfeiture, or upon the 12,941
juvenile's commission of the act that, if committed by an adult, 12,942
would be a felony drug abuse offense, that is the basis of the 12,943
juvenile being found to be a delinquent child, and that is the 12,944
basis of the forfeiture. Subject to divisions (F)(3)(b) and 12,945
(5)(b) and (G)(2) of this section, if any right, title, or 12,946
interest in property is vested in this state under this division 12,947
and subsequently is transferred to a person other than the 12,948
offender who forfeits the right, title, or interest under 12,949
division (A)(1) of this section, then, in accordance with 12,950
division (B) of this section, the right, title, or interest in 12,951
the property may be the subject of a special verdict of 12,952
forfeiture and, after any special verdict of forfeiture, shall be 12,953
ordered forfeited to this state, unless the transferee 12,954
establishes in a hearing held pursuant to division (F) of this 12,955
section that the transferee is a bona fide purchaser for value of 12,956
the right, title, or interest in the property and that, at the
time of its purchase, the transferee was reasonably without cause 12,957
to believe that it was subject to forfeiture under this section. 12,958
(3) The provisions of section 2925.43 of the Revised Code 12,960
that relate to the forfeiture of any right, title, or interest in 12,961
property associated with a felony drug abuse offense pursuant to 12,962
a civil action to obtain a civil forfeiture do not apply to the 12,963
forfeiture of any right, title, or interest in property described 12,964
in division (A)(1) of this section that occurs pursuant to 12,965
division (B) of this section upon a person's conviction of or 12,966
306
guilty plea to a felony drug abuse offense or upon a juvenile 12,967
being found by a juvenile court to be a delinquent child for an 12,968
act that, if committed by an adult, would be a felony drug abuse 12,969
offense. 12,970
(4) Nothing in this section precludes a financial 12,972
institution that has or purports to have a security interest in 12,973
or lien on property described in division (A)(1) of this section 12,974
from commencing a civil action or taking other appropriate legal 12,975
action in connection with the property, prior to its disposition 12,976
in accordance with section 2925.44 of the Revised Code, for the 12,977
purpose of obtaining possession of the property in order to 12,978
foreclose or otherwise enforce the security interest or lien. A 12,979
financial institution may commence a civil action or take other 12,980
appropriate legal action for that purpose prior to the 12,981
disposition of the property in accordance with section 2925.44 of 12,982
the Revised Code, even if a felony drug abuse offense prosecution 12,983
or a delinquent child proceeding for an act that, if committed by 12,984
an adult, would be a felony drug abuse offense has been or could 12,985
be commenced, even if the property is or could be the subject of 12,986
an order of forfeiture issued under division (B)(5) of this 12,987
section, and even if the property has been seized or is subject 12,988
to seizure pursuant to division (D) or (E) of this section. 12,989
If a financial institution commences a civil action or 12,991
takes any other appropriate legal action as described in this 12,992
division, if the financial institution subsequently causes the 12,993
sale of the property prior to its seizure pursuant to division 12,994
(D) or (E) of this section and its disposition pursuant to 12,995
section 2925.44 of the Revised Code, and if the person 12,996
responsible for the conduct of the sale has actual knowledge of 12,997
the commencement of a felony drug abuse offense prosecution or of 12,998
a delinquent child proceeding for an act that, if committed by an 12,999
adult, would be a felony drug abuse offense, actual knowledge of 13,000
a pending forfeiture proceeding under division (B) of this 13,001
section, or actual knowledge of an order of forfeiture issued 13,002
307
under division (B)(5) of this section, then the person 13,003
responsible for the conduct of the sale shall dispose of the 13,004
proceeds of the sale in the following order: 13,005
(a) First, to the payment of the costs of the sale and to 13,007
the payment of the costs incurred by law enforcement agencies and 13,008
financial institutions in connection with the seizure of, storage 13,009
of, maintenance of, and provision of security for the property. 13,010
As used in this division, "costs" of a financial institution do 13,011
not include attorney's fees incurred by that institution in 13,012
connection with the property. 13,013
(b) Second, the remaining proceeds of the sale after 13,015
compliance with division (A)(4)(a) of this section, to the 13,016
payment of valid security interests and liens pertaining to the 13,017
property that, at the time of the vesting of the right, title, or 13,018
interest of the adult or juvenile in the state under division 13,019
(A)(2) of this section, are held by known secured parties and 13,020
lienholders, in the order of priority of those security interests 13,021
and liens; 13,022
(c) Third, the remaining proceeds of the sale after 13,024
compliance with division (A)(4)(b) of this section, to the court 13,025
that has or would have jurisdiction in a felony drug abuse 13,026
offense prosecution or a delinquent child proceeding for an act 13,027
that, if committed by an adult, would be a felony drug abuse 13,028
offense, for disposition in accordance with section 2925.44 of 13,029
the Revised Code. 13,030
(B)(1) A criminal forfeiture of any right, title, or 13,032
interest in property described in division (A)(1) of this section 13,033
is precluded unless one of the following applies: 13,034
(a) The indictment, count in the indictment, or 13,036
information charging the felony drug abuse offense specifies the 13,037
nature of the right, title, or interest of the alleged offender 13,038
in the property described in division (A)(1) of this section that 13,039
is potentially subject to forfeiture under this section, or a 13,040
description of the property of the alleged offender that is 13,041
308
potentially subject to forfeiture under this section, to the 13,042
extent the right, title, or interest in the property or the 13,043
property reasonably is known at the time of the filing of the 13,044
indictment or information; or the complaint OR INDICTMENT 13,045
charging a juvenile with being a delinquent child for the 13,047
commission of an act that, if committed by an adult, would be a 13,048
felony drug abuse offense specifies the nature of the right, 13,049
title, or interest of the juvenile in the property described in 13,050
division (A)(1) of this section that is potentially subject to 13,051
forfeiture under this section, or a description of the property 13,052
of the juvenile that is potentially subject to forfeiture under 13,053
this section, to the extent the right, title, or interest in the 13,054
property or the property reasonably is known at the time of the 13,055
filing of the complaint OR INDICTMENT. 13,056
(b) The property in question was not reasonably foreseen 13,058
to be subject to forfeiture under this section at the time of the 13,059
filing of the indictment, information, or complaint, the 13,060
prosecuting attorney gave prompt notice to the alleged offender 13,061
or juvenile of that property when it was discovered to be subject 13,062
to forfeiture under this section, and a verdict of forfeiture 13,063
described in division (B)(3) of this section requires the 13,064
forfeiture of that property. 13,065
(2) The specifications described in division (B)(1) of 13,067
this section shall be stated at the end of the body of the 13,068
indictment, count in the indictment, information, or complaint. 13,069
(3)(a) If a person is convicted of or pleads guilty to a 13,071
felony drug abuse offense, or a juvenile is found to be a 13,072
delinquent child for an act that, if committed by an adult, would 13,073
be a felony drug abuse offense, then a special proceeding shall 13,074
be conducted in accordance with this division to determine 13,075
whether any property described in division (B)(1)(a) or (b) of 13,076
this section will be the subject of an order of forfeiture under 13,077
this section. Except as otherwise provided in division (B)(3)(b) 13,078
of this section, the jury in the felony drug abuse offense 13,079
309
criminal action or in the delinquent child action or, if that 13,080
action was a nonjury action, the judge in that action shall hear 13,081
and consider testimony and other evidence in the proceeding 13,082
relative to whether any property described in division (B)(1)(a) 13,083
or (b) of this section is subject to forfeiture under this 13,084
section. If the jury or judge determines that the prosecuting 13,085
attorney has established, by a preponderance of the evidence, 13,086
that any property so described is subject to forfeiture under 13,087
this section, the judge or juvenile judge shall render a verdict 13,088
of forfeiture that specifically describes the right, title, or 13,089
interest in property or the property that is subject to 13,090
forfeiture under this section. The Rules of Evidence shall apply 13,091
in the proceeding. 13,092
(b) If the trier of fact in a felony drug abuse offense 13,094
criminal action or in a delinquent child action was a jury, then, 13,095
upon the filing of a motion by the person who was convicted of or 13,096
pleaded guilty to the felony drug abuse offense or upon the 13,097
filing of a motion by the juvenile who was found to be a 13,098
delinquent child for an act that, if committed by an adult, would 13,099
be a felony drug abuse offense, the determinations in the 13,100
proceeding described in this division instead shall be made by 13,101
the judge in the felony drug abuse offense criminal action or the 13,102
juvenile judge. 13,103
(4) In a felony drug abuse offense criminal action or in a 13,105
delinquent child action, if the trier of fact is a jury, the jury 13,106
shall not be informed of any specification described in division 13,107
(B)(1)(a) of this section or of any property described in that 13,108
division or division (B)(1)(b) of this section prior to the 13,109
alleged offender being convicted of or pleading guilty to the 13,110
felony drug abuse offense or prior to the juvenile being found to 13,111
be a delinquent child for the commission of an act that, if 13,112
committed by an adult, would be a felony drug abuse offense. 13,113
(5)(a) If a verdict of forfeiture is entered pursuant to 13,115
division (B)(3) of this section, then the court that imposes 13,116
310
sentence upon a person who is convicted of or pleads guilty to a 13,117
felony drug abuse offense, or the juvenile court that finds a 13,118
juvenile to be a delinquent child for an act that, if committed 13,119
by an adult, would be a felony drug abuse offense, in addition to 13,120
any other sentence imposed upon the offender or order of 13,121
disposition imposed upon the delinquent child, shall order that 13,122
the offender or delinquent child forfeit to the state all of the 13,124
offender's or delinquent child's right, title, and interest in
the property described in division (A)(1) of this section. If a 13,125
person is convicted of or pleads guilty to a felony drug abuse 13,126
offense, or a juvenile is found by a juvenile court to be a 13,127
delinquent child for an act that, if committed by an adult, would 13,128
be a felony drug abuse offense, and derives profits or other 13,129
proceeds from the offense or act, the court that imposes sentence 13,130
or an order of disposition upon the offender or delinquent child, 13,131
in lieu of any fine that the court is otherwise authorized or 13,133
required to impose, may impose upon the offender or delinquent 13,134
child a fine of not more than twice the gross profits or other 13,135
proceeds so derived. 13,136
(b) Notwithstanding any contrary provision of section 13,138
3719.21 of the Revised Code, all fines imposed pursuant to this 13,139
division shall be paid by the clerk of the court to the county, 13,140
municipal corporation, township, park district, as created 13,141
pursuant to section 511.18 or 1545.01 of the Revised Code, or 13,142
state law enforcement agencies in this state that were primarily 13,143
responsible for or involved in making the arrest of, and in 13,144
prosecuting, the offender. However, no fine so imposed shall be 13,145
paid to a law enforcement agency unless the agency has adopted a 13,146
written internal control policy under division (F)(2) of section 13,148
2925.03 of the Revised Code that addresses the use of the fine 13,149
moneys that it receives under this division and division (F)(1) 13,151
of section 2925.03 of the Revised Code. The fines imposed and 13,152
paid pursuant to this division shall be used by the law 13,153
enforcement agencies to subsidize their efforts pertaining to 13,154
311
drug offenses, in accordance with the written internal control 13,155
policy adopted by the recipient agency under division (F)(2) of 13,157
section 2925.03 of the Revised Code. 13,158
(c) As used in division (B)(5) of this section: 13,160
(i) "Law enforcement agencies" includes, but is not 13,162
limited to, the state board of pharmacy and the office of a 13,163
prosecutor. 13,164
(ii) "Prosecutor" has the same meaning as in section 13,166
2935.01 of the Revised Code. 13,167
(6) If any of the property that is described in division 13,169
(A)(1) of this section and that is the subject of an order of 13,170
forfeiture issued under division (B)(5) of this section, because 13,171
of an act or omission of the person who is convicted of or pleads 13,172
guilty to the felony drug abuse offense that is the basis of the 13,173
order of forfeiture, or an act or omission of the juvenile found 13,174
by a juvenile court to be a delinquent child for an act that, if 13,175
committed by an adult, would be a felony drug abuse offense and 13,176
that is the basis of the forfeiture, cannot be located upon the 13,177
exercise of due diligence, has been transferred to, sold to, or 13,178
deposited with a third party, has been placed beyond the 13,179
jurisdiction of the court, has been substantially diminished in 13,180
value, or has been commingled with other property that cannot be 13,181
divided without difficulty, the court that issues the order of 13,182
forfeiture shall order the forfeiture of any other property of 13,183
the offender up to the value of any forfeited property described 13,184
in this division. 13,185
(C) There shall be a rebuttable presumption that any 13,187
right, title, or interest of a person in property described in 13,188
division (A)(1) of this section is subject to forfeiture under 13,189
division (B) of this section, if the state proves both of the 13,190
following by a preponderance of the evidence: 13,191
(1) The right, title, or interest in the property was 13,193
acquired by the offender during the period of the commission of 13,194
the felony drug abuse offense or act that, if committed by an 13,195
312
adult, would be a felony drug abuse offense, or within a 13,196
reasonable time after that period. 13,197
(2) There is no likely source for the right, title, or 13,199
interest in the property other than proceeds obtained from the 13,200
commission of the felony drug abuse offense or act. 13,201
(D)(1) Upon the application of the prosecuting attorney 13,203
who is prosecuting or has jurisdiction to prosecute the felony 13,204
drug abuse offense or act, the court of common pleas or juvenile 13,205
court of the county in which property subject to forfeiture under 13,206
division (B) of this section is located, whichever is applicable, 13,207
may issue a restraining order or injunction, an order requiring 13,208
the execution of a satisfactory performance bond, or an order 13,209
taking any other reasonable action necessary to preserve the 13,210
availability of the property, at either of the following times: 13,211
(a) Upon the filing of an indictment, complaint, or 13,213
information charging a person who has any right, title, or 13,214
interest in the property with the commission of a felony drug 13,215
abuse offense and alleging that the property with respect to 13,216
which the order is sought will be subject to forfeiture under 13,217
division (B) of this section if the person is convicted of or 13,218
pleads guilty to the offense, or upon the filing of a complaint 13,219
OR INDICTMENT alleging that a juvenile who has any right, title, 13,220
or interest in the property is a delinquent child because of the 13,222
commission of an act that, if committed by an adult, would be a 13,223
felony drug abuse offense and alleging that the property with 13,224
respect to which the order is sought will be subject to 13,225
forfeiture under division (B) of this section if the juvenile is 13,226
found to be a delinquent child because of the commission of that 13,227
act;
(b) Except as provided in division (D)(3) of this section, 13,229
prior to the filing of an indictment, complaint, or information 13,230
charging a person who has any right, title, or interest in the 13,231
property with the commission of a felony drug abuse offense, or 13,232
prior to the filing of a complaint OR INDICTMENT alleging that a 13,233
313
juvenile who has any right, title, or interest in the property is 13,235
a delinquent child because of the commission of an act that, if 13,236
committed by an adult, would be a felony drug abuse offense, if, 13,237
after notice is given to all persons known to have any right, 13,238
title, or interest in the property and an opportunity to have a 13,239
hearing on the order is given to those persons, the court 13,240
determines both of the following: 13,241
(i) There is a substantial probability that the state will 13,243
prevail on the issue of forfeiture and that failure to enter the 13,244
order will result in the property subject to forfeiture being 13,245
destroyed, removed from the jurisdiction of the court, or 13,246
otherwise being made unavailable for forfeiture. 13,247
(ii) The need to preserve the availability of the property 13,249
subject to forfeiture through the entry of the requested order 13,250
outweighs the hardship on any party against whom the order is to 13,251
be entered. 13,252
(2) Except as provided in division (D)(3) of this section, 13,254
an order issued under division (D)(1) of this section is 13,255
effective for not more than ninety days, unless extended by the 13,256
court for good cause shown or unless an indictment, complaint, or 13,257
information charging the commission of a felony drug abuse 13,258
offense or a complaint OR INDICTMENT alleging that a juvenile is 13,259
a delinquent child because of the commission of an act that, if 13,261
committed by an adult, would be a felony drug abuse offense, is 13,262
filed against any alleged adult offender or alleged delinquent 13,263
child with any right, title, or interest in the property that is 13,264
the subject of the order. 13,265
(3) A court may issue an order under division (D)(1)(b) of 13,267
this section without giving notice or an opportunity for a 13,268
hearing to persons known to have any right, title, or interest in 13,269
property, if the prosecuting attorney who is prosecuting or has 13,270
jurisdiction to prosecute the felony drug abuse offense or act 13,271
demonstrates that there is probable cause to believe that the 13,272
property will be subject to forfeiture under division (B) of this 13,273
314
section if a person with any right, title, or interest in the 13,274
property is convicted of or pleads guilty to a felony drug abuse 13,275
offense or a juvenile with any right, title, or interest in the 13,276
property is found by a juvenile court to be a delinquent child 13,277
for an act that, if committed by an adult, would be a felony drug 13,278
abuse offense, and that giving notice or an opportunity for a 13,279
hearing to persons with any right, title, or interest in the 13,280
property will jeopardize its availability for forfeiture. The 13,281
order shall be a temporary order and expire not more than ten 13,282
days after the date on which it is entered, unless it is extended 13,283
for good cause shown or unless a person with any right, title, or 13,284
interest in the property that is the subject of the order 13,285
consents to an extension for a longer period. A hearing 13,286
concerning an order issued under this division may be requested, 13,287
and, if it is requested, the court shall hold the hearing at the 13,288
earliest possible time prior to the expiration of the order. 13,289
(4) At any hearing held under division (D) of this 13,291
section, the court may receive and consider evidence and 13,292
information that is inadmissible under the Rules of Evidence. 13,293
However, each hearing held under division (D) of this section 13,294
shall be recorded by shorthand, by stenotype, or by any other 13,295
mechanical, electronic, or video recording device. If, as a 13,296
result of a hearing under division (D) of this section, property 13,297
would be seized, the recording of and any transcript of the 13,298
recording of that hearing shall not be a public record for 13,299
purposes of section 149.43 of the Revised Code until that 13,300
property has been seized pursuant to division (D) of this 13,301
section. Division (D)(4) of this section shall not be construed 13,302
as requiring, authorizing, or permitting, and does not require, 13,303
authorize, or permit, the making available for inspection, or the 13,304
copying, under section 149.43 of the Revised Code of any 13,305
confidential law enforcement investigatory record or trial 13,306
preparation record, as defined in that section. 13,307
(5) A prosecuting attorney or other law enforcement 13,309
315
officer may request the court of common pleas of the county in 13,310
which property subject to forfeiture under this section is 13,311
located to issue a warrant authorizing the seizure of that 13,312
property. The request shall be made in the same manner as 13,313
provided for a search warrant. If the court determines that 13,314
there is probable cause to believe that the property to be seized 13,315
will be subject to forfeiture under this section when a person 13,316
with any right, title, or interest in the property is convicted 13,317
of or pleads guilty to a felony drug abuse offense or when a 13,318
juvenile with any right, title, or interest in the property is 13,319
found by a juvenile court to be a delinquent child for an act 13,320
that, if committed by an adult, would be a felony drug abuse 13,321
offense, and if the court determines that any order issued under 13,322
division (D)(1), (2), or (3) of this section may not be 13,323
sufficient to ensure the availability of the property for 13,324
forfeiture, the court shall issue a warrant authorizing the 13,325
seizure of the property. 13,326
(E)(1) Upon the entry of an order of forfeiture under this 13,328
section, the court shall order an appropriate law enforcement 13,329
officer to seize all of the forfeited property upon the terms and 13,330
conditions that the court determines are proper. In addition, 13,331
upon the request of the prosecuting attorney who prosecuted the 13,332
felony drug abuse offense or act, the court shall enter any 13,333
appropriate restraining orders or injunctions, require the 13,334
execution of satisfactory performance bonds, appoint receivers, 13,335
conservators, appraisers, accountants, or trustees, or take any 13,336
other action to protect the interest of the state in the 13,337
forfeited property. Any income accruing to or derived from 13,338
property ordered forfeited under this section may be used to 13,339
offset ordinary and necessary expenses related to the property 13,340
that are required by law or that are necessary to protect the 13,341
interest of the state or third parties. 13,342
After forfeited property is seized, the prosecuting 13,344
attorney who prosecuted the felony drug abuse offense or act 13,345
316
shall direct its disposition in accordance with section 2925.44 13,346
of the Revised Code, making due provision for the rights of any 13,347
innocent persons. Any right, title, or interest in property not 13,348
exercisable by, or transferable for value to, the state shall 13,349
expire and shall not revert to the offender whose conviction or 13,350
plea of guilty or act as a delinquent child is the basis of the 13,351
order of forfeiture. Neither the adult offender or delinquent 13,352
child nor any person acting in concert with or on behalf of the 13,354
adult offender or delinquent child is eligible to purchase 13,355
forfeited property at any sale held pursuant to section 2925.44 13,356
of the Revised Code.
Upon the application of any person other than the adult 13,358
offender or delinquent child whose right, title, or interest in 13,359
the property is the subject of the order of forfeiture or any 13,360
person acting in concert with or on behalf of the adult offender 13,361
or delinquent child, the court may restrain or stay the sale or 13,363
other disposition of the property pursuant to section 2925.44 of 13,364
the Revised Code pending the conclusion of any appeal of the 13,365
felony drug abuse offense conviction or of the delinquent child 13,366
adjudication that is the basis of the order of forfeiture, if the 13,367
applicant demonstrates that proceeding with the sale or other 13,368
disposition of the property will result in irreparable injury or 13,369
loss to the applicant.
(2) With respect to property that is the subject of an 13,371
order of forfeiture issued under this section, the court that 13,372
issued the order, upon the petition of the prosecuting attorney 13,373
who prosecuted the felony drug abuse offense or act, may do any 13,374
of the following: 13,375
(a) Grant petitions for mitigation or remission of 13,377
forfeiture, restore forfeited property to victims of a felony 13,378
drug abuse offense, or take any other action to protect the 13,379
rights of innocent persons that is in the interest of justice and 13,380
that is not inconsistent with this section; 13,381
(b) Compromise claims that arise under this section; 13,383
317
(c) Award compensation to persons who provide information 13,385
resulting in a forfeiture under this section; 13,386
(d) Direct the disposition by the prosecuting attorney who 13,388
prosecuted the felony drug abuse offense or act, in accordance 13,389
with section 2925.44 of the Revised Code, of all property ordered 13,390
forfeited under this section, making due provision for the rights 13,391
of innocent persons; 13,392
(e) Pending the disposition of any property that is the 13,394
subject of an order of forfeiture under this section, take any 13,395
appropriate measures that are necessary to safeguard and maintain 13,396
the property. 13,397
(3) To facilitate the identification and location of 13,399
property that is the subject of an order of forfeiture under this 13,400
section and to facilitate the disposition of petitions for 13,401
remission or mitigation issued under division (E)(2) of this 13,402
section, after the issuance of an order of forfeiture under this 13,403
section and upon application by the prosecuting attorney who 13,404
prosecuted the felony drug abuse offense or act, the court may 13,405
order that the testimony of any witness relating to the forfeited 13,406
property be taken by deposition, and that any designated book, 13,407
paper, document, record, recording, or other material that is not 13,408
privileged be produced at the same time and place as the 13,409
testimony, in the same manner as provided for the taking of 13,410
depositions under the Rules of Civil Procedure. 13,411
(F)(1) Except as provided in divisions (F)(2) to (5) of 13,413
this section, no person claiming any right, title, or interest in 13,414
property subject to forfeiture under this section or section 13,415
2925.43 of the Revised Code may intervene in a criminal trial or 13,416
appeal, or a delinquent child proceeding or appeal, involving the 13,417
forfeiture of the property under this section or in a civil 13,418
action for a civil forfeiture under section 2925.43 of the 13,419
Revised Code, or may commence an action at law or equity against 13,420
the state concerning the validity of the person's alleged right, 13,421
title, or interest in the property subsequent to the filing of an 13,422
318
indictment, complaint, or information alleging that the property 13,423
is subject to forfeiture under this section or subsequent to the 13,424
filing of a complaint OR INDICTMENT alleging that a juvenile who 13,425
has any right, title, or interest in the property is a delinquent 13,427
child because of the commission of an act that, if committed by 13,428
an adult, would be a felony drug abuse offense and alleging that 13,429
the property is subject to forfeiture under this section. 13,430
(2) After the entry of an order of forfeiture under this 13,432
section, the prosecuting attorney who prosecuted the felony drug 13,433
abuse offense or act shall conduct or cause to be conducted a 13,434
search of the appropriate public records that relate to the 13,435
property, and make or cause to be made reasonably diligent 13,436
inquiries, for the purpose of identifying persons who have any 13,437
right, title, or interest in the property. The prosecuting 13,438
attorney then shall cause a notice of the order of forfeiture, of 13,439
the prosecuting attorney's intent to dispose of the property in 13,440
accordance with section 2925.44 of the Revised Code, and of the 13,441
manner of the proposed disposal, to be given to each person who 13,443
is known, because of the conduct of the search, the making of the 13,444
inquiries, or otherwise, to have any right, title, or interest in 13,445
the property, by certified mail, return receipt requested, or by 13,446
personal service. Additionally, the prosecuting attorney shall 13,447
cause a similar notice to be published once a week for two 13,448
consecutive weeks in a newspaper of general circulation in the 13,449
county in which the property was seized. 13,450
(3)(a) Any person, other than the adult offender whose 13,452
conviction or guilty plea or the delinquent child whose 13,453
adjudication is the basis of the order of forfeiture, who asserts 13,454
a legal right, title, or interest in the property that is the 13,455
subject of the order may petition the court that issued the 13,456
order, within thirty days after the earlier of the final 13,457
publication of notice or the person's receipt of notice under 13,458
division (F)(2) of this section, for a hearing to adjudicate the 13,459
validity of the person's alleged right, title, or interest in the 13,460
319
property. The petition shall be signed by the petitioner under 13,461
the penalties for falsification as specified in section 2921.13 13,462
of the Revised Code and shall set forth the nature and extent of 13,463
the petitioner's right, title, or interest in the property, the 13,464
time and circumstances of the petitioner's acquisition of that 13,465
right, title, or interest, any additional facts supporting the 13,466
petitioner's claim, and the relief sought. 13,467
(b) In lieu of filing a petition as described in division 13,469
(F)(3)(a) of this section, a secured party or other lienholder of 13,470
record that asserts a legal right, title, or interest in the 13,471
property that is the subject of the order, including, but not 13,472
limited to, a mortgage, security interest, or other type of lien, 13,473
may file an affidavit as described in this division to establish 13,474
the validity of the alleged right, title, or interest in the 13,475
property. The affidavit shall be filed within thirty days after 13,476
the earlier of the final publication of notice or the receipt of 13,477
notice under division (F)(2) of this section and, except as 13,478
otherwise provided in this section, shall constitute prima-facie 13,479
evidence of the validity of the secured party's or other 13,480
lienholder's alleged right, title, or interest in the property. 13,481
Unless the prosecuting attorney files a motion challenging the 13,482
affidavit within ten days after its filing and unless the 13,483
prosecuting attorney establishes, by a preponderance of the 13,484
evidence, at a subsequent hearing before the court that issued 13,485
the forfeiture order, that the secured party or other lienholder 13,486
does not possess the alleged right, title, or interest in the 13,487
property or that the secured party or other lienholder had actual 13,488
knowledge of facts pertaining to the felony drug abuse offense or 13,489
act that was the basis of the forfeiture order, the affidavit 13,490
shall constitute conclusive evidence of the validity of the 13,491
secured party's or other lienholder's right, title, or interest 13,492
in the property and shall have the legal effect described in 13,493
division (G)(2) of this section. To the extent practicable and 13,494
consistent with the interests of justice, any such hearing shall 13,495
320
be held within thirty days after the prosecuting attorney files 13,496
the motion. At any such hearing, the prosecuting attorney and 13,497
the secured party or other lienholder may present evidence and 13,498
witnesses and cross-examine witnesses. 13,499
In order to be valid for the purposes of this division and 13,501
division (G)(2) of this section, the affidavit of a secured party 13,502
or other lienholder shall contain averments that the secured 13,503
party or other lienholder acquired its alleged right, title, or 13,504
interest in the property in the regular course of its business, 13,505
for a specified valuable consideration, without actual knowledge 13,506
of any facts pertaining to the felony drug abuse offense or act 13,507
that was the basis of the forfeiture order, in good faith and 13,508
without the intent to prevent or otherwise impede the state from 13,509
seizing or obtaining a forfeiture of the property under sections 13,510
2925.41 to 2925.45 of the Revised Code, and prior to the seizure 13,511
or forfeiture of the property under those sections. 13,512
(4) Upon receipt of a petition filed under division (F)(3) 13,514
of this section, the court shall hold a hearing to determine the 13,515
validity of the petitioner's right, title, or interest in the 13,516
property that is the subject of the order of forfeiture. To the 13,517
extent practicable and consistent with the interests of justice, 13,518
the hearing shall be held within thirty days after the filing of 13,519
the petition. The court may consolidate the hearing on the 13,520
petition with a hearing on any other petition filed by a person 13,521
other than the offender whose conviction or guilty plea or 13,522
adjudication as a delinquent child is the basis of the order of 13,523
forfeiture. At the hearing, the petitioner may testify, present 13,524
evidence and witnesses on the petitioner's behalf, and 13,525
cross-examine witnesses for the state. The state may present 13,526
evidence and witnesses in rebuttal and in defense of its claim to 13,527
the property and cross-examine witnesses for the petitioner. In 13,528
addition to evidence and testimony presented at the hearing, the 13,529
court shall consider the relevant portions of the record in the 13,530
felony drug abuse offense or delinquent child case that resulted 13,531
321
in the order of forfeiture. 13,532
(5)(a) The court shall amend its order of forfeiture in 13,534
accordance with its determination if it determines, at the 13,535
hearing, that the petitioner has established either of the 13,536
following by a preponderance of the evidence: 13,537
(i) The petitioner has a legal right, title, or interest 13,539
in the property that renders the order of forfeiture completely 13,540
or partially invalid because it was vested in the petitioner, 13,541
rather than the adult offender whose conviction or guilty plea or 13,542
the delinquent child whose adjudication is the basis of the 13,543
order, or was superior to any right, title, or interest of that 13,544
offender, at the time of the commission of the felony drug abuse 13,545
offense or act that is the basis of the order. 13,546
(ii) The petitioner is a bona fide purchaser for value of 13,548
the right, title, or interest in the property and was at the time 13,549
of the purchase reasonably without cause to believe that it was 13,550
subject to forfeiture under this section. 13,551
(b) The court also shall amend its order of forfeiture to 13,553
reflect any right, title, or interest of a secured party or other 13,554
lienholder of record in the property subject to the order that 13,555
was established pursuant to division (F)(3)(b) of this section by 13,556
means of an affidavit, or that was established pursuant to that 13,557
division by the failure of a prosecuting attorney to establish, 13,558
in a hearing as described in that division, that the secured 13,559
party or other lienholder did not possess the alleged right, 13,560
title, or interest in the property or that the secured party or 13,561
other lienholder had actual knowledge of facts pertaining to the 13,562
felony drug abuse offense or act that was the basis of the order. 13,563
(G)(1) Subject to division (G)(2) of this section, if the 13,565
court has disposed of all petitions filed under division (F) of 13,566
this section or if no petitions are filed under that division and 13,567
the time for filing petitions under that division has expired, 13,568
the state shall have clear title to all property that is the 13,569
subject of an order of forfeiture issued under this section and 13,570
322
may warrant good title to any subsequent purchaser or other 13,571
transferee. 13,572
(2) If an affidavit as described in division (F)(3)(b) of 13,574
this section is filed in accordance with that division, if the 13,575
affidavit constitutes, under the circumstances described in that 13,576
division, conclusive evidence of the validity of the right, 13,577
title, or interest of a secured party or other lienholder of 13,578
record in the property subject to a forfeiture order, and if any 13,579
mortgage, security interest, or other type of lien possessed by 13,580
the secured party or other lienholder in connection with the 13,581
property is not satisfied prior to a sale or other disposition of 13,582
the property pursuant to section 2925.44 of the Revised Code, 13,583
then the right, title, or interest of the secured party or other 13,584
lienholder in the property remains valid for purposes of sections 13,585
2925.41 to 2925.45 of the Revised Code and any subsequent 13,586
purchaser or other transferee of the property pursuant to section 13,587
2925.44 of the Revised Code shall take the property subject to 13,588
the continued validity of the right, title, or interest of the 13,589
secured party or other lienholder in the property. 13,590
Sec. 2925.43. (A) The following property is subject to 13,599
forfeiture to the state in a civil action as described in 13,600
division (E) of this section, and no person has any right, title, 13,601
or interest in the following property: 13,602
(1) Any property that constitutes, or is derived directly 13,604
or indirectly from, any proceeds that a person obtained directly 13,605
or indirectly from the commission of an act that, upon the filing 13,606
of an indictment, complaint, or information, could be prosecuted 13,607
as a felony drug abuse offense or that, upon the filing of a 13,608
complaint OR INDICTMENT, could be the basis for finding a 13,609
juvenile to be a delinquent child for committing an act that, if 13,611
committed by an adult, would be a felony drug abuse offense; 13,612
(2) Any property that was used or intended to be used in 13,614
any manner to commit, or to facilitate the commission of, an act 13,615
that, upon the filing of an indictment, complaint, or 13,616
323
information, could be prosecuted as a felony drug abuse offense 13,617
or that, upon the filing of a complaint OR INDICTMENT, could be 13,618
the basis for finding a juvenile to be a delinquent child for 13,620
committing an act that, if committed by an adult, would be a 13,621
felony drug abuse offense. 13,622
(B)(1) All right, title, and interest in property 13,624
described in division (A) of this section shall vest in the state 13,625
upon the commission of the act giving rise to a civil forfeiture 13,626
under this section. 13,627
(2) The provisions of section 2933.43 of the Revised Code 13,629
relating to the procedures for the forfeiture of contraband do 13,630
not apply to a civil action to obtain a civil forfeiture under 13,631
this section. 13,632
(3) Any property taken or detained pursuant to this 13,634
section is not subject to replevin and is deemed to be in the 13,635
custody of the head of the law enforcement agency that seized the 13,636
property. 13,637
This section does not preclude the head of a law 13,639
enforcement agency that seizes property from seeking the 13,640
forfeiture of that property pursuant to federal law. However, if 13,641
the head of a law enforcement agency that seizes property does 13,642
not seek the forfeiture of that property pursuant to federal law 13,643
and if the property is subject to forfeiture under this section, 13,644
the property is subject only to the orders of the court of common 13,645
pleas of the county in which the property is located, and it 13,646
shall be disposed of in accordance with section 2925.44 of the 13,647
Revised Code. 13,648
(4) Nothing in this section precludes a financial 13,650
institution that has or purports to have a security interest in 13,651
or lien on property described in division (A) of this section 13,652
from commencing a civil action or taking other appropriate legal 13,653
action in connection with the property, prior to its disposition 13,654
in accordance with section 2925.44 of the Revised Code, for the 13,655
purpose of obtaining possession of the property in order to 13,656
324
foreclose or otherwise enforce the security interest or lien. A 13,657
financial institution may commence a civil action or take other 13,658
appropriate legal action for that purpose prior to the 13,659
disposition of the property in accordance with section 2925.44 of 13,660
the Revised Code, even if a civil action to obtain a civil 13,661
forfeiture has been or could be commenced under this section, 13,662
even if the property is or could be the subject of an order of 13,663
civil forfeiture issued under this section, and even if the 13,664
property has been seized or is subject to seizure pursuant to 13,665
this section. 13,666
If a financial institution commences a civil action or 13,668
takes any other appropriate legal action as described in this 13,669
division, if the financial institution subsequently causes the 13,670
sale of the property prior to its seizure pursuant to this 13,671
section and its disposition pursuant to section 2925.44 of the 13,672
Revised Code, and if the person responsible for the conduct of 13,673
the sale has actual knowledge of the commencement of a civil 13,674
action to obtain a civil forfeiture under this section or actual 13,675
knowledge of an order of civil forfeiture issued under this 13,676
section, then the person responsible for the conduct of the sale 13,677
shall dispose of the proceeds of the sale in the following order: 13,678
(a) First, to the payment of the costs of the sale and to 13,680
the payment of the costs incurred by law enforcement agencies and 13,681
financial institutions in connection with the seizure of, storage 13,682
of, maintenance of, and provision of security for the property. 13,683
As used in this division, "costs" of a financial institution do 13,684
not include attorney's fees incurred by that institution in 13,685
connection with the property; 13,686
(b) Second, the remaining proceeds of the sale after 13,688
compliance with division (B)(4)(a) of this section, to the 13,689
payment of valid security interests and liens pertaining to the 13,690
property that, at the time of the vesting of the right, title, or 13,691
interest of the adult or juvenile in the state under division 13,692
(B)(1) of this section, are held by known secured parties and 13,693
325
lienholders, in the order of priority of those security interests 13,694
and liens; 13,695
(c) Third, the remaining proceeds of the sale after 13,697
compliance with division (B)(4)(b) of this section, to the court 13,698
that has or would have jurisdiction in a civil action to obtain a 13,699
civil forfeiture under this section, for disposition in 13,700
accordance with section 2925.44 of the Revised Code. 13,701
(C)(1) Any property that is subject to civil forfeiture 13,703
under this section may be seized by a law enforcement officer 13,704
upon process, or a warrant as described in division (C)(2) of 13,705
this section, issued by a court of common pleas that has 13,706
jurisdiction over the property. Additionally, a seizure of the 13,707
property, without process or a warrant being so issued, may be 13,708
made by a law enforcement officer when any of the following 13,709
applies: 13,710
(a) The seizure is incident to an arrest, a search under a 13,712
search warrant, a lawful search without a search warrant, or an 13,713
inspection under an administrative inspection warrant. 13,714
(b) The property is the subject of a prior judgment in 13,716
favor of the state in a restraining order, injunction, or other 13,717
preservation order proceeding under section 2925.42 of the 13,718
Revised Code, or is the subject of a forfeiture order issued 13,719
pursuant to that section. 13,720
(c) The law enforcement officer has probable cause to 13,722
believe that the property is directly or indirectly dangerous to 13,723
the public health or safety. 13,724
(d) The initial intrusion by the law enforcement officer 13,726
afforded him THE OFFICER with plain view of personal property 13,727
that is subject to civil forfeiture in a civil action under this 13,729
section, the initial intrusion by the law enforcement officer was 13,730
lawful, the discovery of the personal property by the law 13,731
enforcement officer was inadvertent, and the incriminating nature 13,732
of the personal property was immediately apparent to the law 13,733
enforcement officer.
326
(2) For purposes of division (C)(1) of this section, the 13,735
state may request a court of common pleas to issue a warrant that 13,736
authorizes the seizure of property that is subject to civil 13,737
forfeiture under this section, in the same manner as provided in 13,738
Criminal Rule 41 and Chapter 2933. of the Revised Code for the 13,739
issuance of a search warrant. Additionally, for purposes of 13,740
division (C)(1) of this section, any proceeding before a court of 13,741
common pleas that involves a request for the issuance of process, 13,742
or a warrant as described in this division, authorizing the 13,743
seizure of any property that is subject to civil forfeiture under 13,744
this section shall be recorded by shorthand, by stenotype, or by 13,745
any other mechanical, electronic, or video recording device. The 13,746
recording of and any transcript of the recording of such a 13,747
proceeding shall not be a public record for purposes of section 13,748
149.43 of the Revised Code until the property has been seized 13,749
pursuant to the process or warrant. This division shall not be 13,750
construed as requiring, authorizing, or permitting, and does not 13,751
require, authorize, or permit, the making available for 13,752
inspection, or the copying, under section 149.43 of the Revised 13,753
Code of any confidential law enforcement investigatory record or 13,754
trial preparation record, as defined in that section. 13,755
(3) If property is seized pursuant to division (C)(1) of 13,757
this section and if a civil action to obtain a civil forfeiture 13,758
under this section, a criminal action that could result in a 13,759
criminal forfeiture under section 2925.42 of the Revised Code, or 13,760
a delinquent child proceeding that could result in a criminal 13,761
forfeiture under that section is not pending at the time of the 13,762
seizure or previously did not occur in connection with the 13,763
property, then the prosecuting attorney of the county in which 13,764
the seizure occurred promptly shall commence a civil action to 13,765
obtain a civil forfeiture under this section in connection with 13,766
the property, unless an indictment, complaint, or information 13,767
alleging the commission of a felony drug abuse offense or a 13,768
complaint OR INDICTMENT alleging that a juvenile is a delinquent 13,769
327
child because of the commission of an act that, if committed by 13,771
an adult, would be a felony drug abuse offense is filed prior to 13,772
the commencement of the civil action. Nothing in this division 13,773
precludes, or shall be construed as precluding, the filing of an 13,774
indictment, complaint, or information alleging the commission of 13,775
a felony drug abuse offense or the filing of a complaint OR 13,776
INDICTMENT alleging that a juvenile is a delinquent child because 13,778
of the commission of an act that, if committed by an adult, would 13,779
be a felony drug abuse offense, after the commencement of a civil 13,780
action to obtain a civil forfeiture under this section. 13,781
(D)(1) The filing of an indictment, complaint, or 13,783
information alleging the commission of a felony drug abuse 13,784
offense that also is the basis of a civil action for a civil 13,785
forfeiture under this section, or the filing of a complaint OR 13,786
INDICTMENT alleging that a juvenile is a delinquent child because 13,787
of the commission of an act that, if committed by an adult, would 13,788
be a felony drug abuse offense, and that also is the basis of a 13,789
civil action for a civil forfeiture under this section, upon the 13,790
motion of the prosecuting attorney of the county in which the 13,791
indictment, complaint, or information or the complaint OR 13,792
INDICTMENT in the delinquent child proceeding is filed, shall 13,794
stay the civil action. 13,795
(2) A civil action to obtain a civil forfeiture under this 13,797
section may be commenced as described in division (E) of this 13,798
section whether or not the adult or juvenile who committed a 13,799
felony drug abuse offense or an act that, if committed by an 13,800
adult, would be a felony drug abuse offense has been charged by 13,801
an indictment, complaint, or information with the commission of 13,802
such an offense or such an act, has pleaded guilty to or been 13,803
found guilty of such an offense, has been determined to be a 13,804
delinquent child for the commission of such an act, has been 13,805
found not guilty of committing such an offense, or has not been 13,806
determined to be a delinquent child for the alleged commission of 13,807
such an act. 13,808
328
(E)(1) The prosecuting attorney of the county in which 13,810
property described in division (A) of this section is located may 13,811
commence a civil action to obtain a civil forfeiture under this 13,812
section by filing, in the court of common pleas of that county, a 13,813
complaint that requests the issuance of an order of civil 13,814
forfeiture of the property to the state. Notices of the action 13,815
shall be served and published in accordance with division (E)(2) 13,816
of this section. 13,817
(2) Prior to or simultaneously with the commencement of 13,819
the civil action as described in division (E)(1) of this section, 13,820
the prosecuting attorney shall conduct or cause to be conducted a 13,821
search of the appropriate public records that relate to the 13,822
property subject to civil forfeiture, and make or cause to be 13,823
made reasonably diligent inquiries, for the purpose of 13,824
identifying persons who have any right, title, or interest in the 13,825
property. The prosecuting attorney then shall cause a notice of 13,826
the commencement of the civil action, together with a copy of the 13,827
complaint filed in it, to be given to each person who is known, 13,828
because of the conduct of the search, the making of the 13,829
inquiries, or otherwise, to have any right, title, or interest in 13,830
the property, by certified mail, return receipt requested, or by 13,831
personal service. Additionally, the prosecuting attorney shall 13,832
cause a similar notice to be published once a week for two 13,833
consecutive weeks in a newspaper of general circulation in the 13,834
county in which the property is located. 13,835
(3) The procedures specified in divisions (F)(3) to (5) of 13,837
section 2925.42 of the Revised Code apply to persons claiming any 13,838
right, title, or interest in property subject to civil forfeiture 13,839
under this section. The references in those divisions to the 13,840
adult offender whose conviction or guilty plea, or the delinquent 13,841
child whose adjudication, is the basis of an order of criminal 13,842
forfeiture shall be construed for purposes of this section to 13,843
mean the adult or juvenile who committed the act that could be 13,844
the basis of an order of civil forfeiture under this section, and 13,845
329
the references in those divisions to an issued order of criminal 13,846
forfeiture shall be inapplicable. 13,847
(4) A hearing shall be held in the civil action described 13,849
in division (E)(1) of this section at least thirty days after the 13,850
final publication of notice as required by division (E)(2) of 13,851
this section and after the date of completion of the service of 13,852
notice by personal service or certified mail, return receipt 13,853
requested, as required by that division. Following the hearing, 13,854
the court shall issue the requested order of civil forfeiture if 13,855
the court determines that the prosecuting attorney has proven, by 13,856
clear and convincing evidence, that the property in question is 13,857
property as described in division (A)(1) or (2) of this section, 13,858
and if the court has disposed of all petitions filed under 13,859
division (E)(3) of this section or no petitions have been so 13,860
filed and the time for filing them has expired. An order of 13,861
civil forfeiture so issued shall state that all right, title, and 13,862
interest in the property in question of the adult or juvenile who 13,863
committed the act that is the basis of the order, is forfeited to 13,864
the state and shall make due provision for the right, title, or 13,865
interest in that property of any other person in accordance with 13,866
any determinations made by the court under division (E)(3) of 13,867
this section and in accordance with divisions (F)(5)(b) and 13,868
(G)(2) of section 2925.42 of the Revised Code. 13,869
(5) Subject to division (G)(2) of section 2925.42 of the 13,871
Revised Code, if a court of common pleas enters an order of civil 13,872
forfeiture in accordance with division (E) of this section, the 13,873
state shall have clear title to the property that is the subject 13,874
of the order and may warrant good title to any subsequent 13,875
purchaser or other transferee. 13,876
Sec. 2929.01. As used in this chapter: 13,886
(A)(1) "Alternative residential facility" means, subject 13,888
to division (A)(2) of this section, any facility other than an 13,889
offender's home or residence in which an offender is assigned to 13,890
live and that satisfies all of the following criteria: 13,891
330
(a) It provides programs through which the offender may 13,893
seek or maintain employment or may receive education, training, 13,894
treatment, or habilitation. 13,895
(b) It has received the appropriate license or certificate 13,897
for any specialized education, training, treatment, habilitation, 13,898
or other service that it provides from the government agency that 13,899
is responsible for licensing or certifying that type of 13,900
education, training, treatment, habilitation, or service. 13,901
(2) "Alternative residential facility" does not include a 13,904
community-based correctional facility, jail, halfway house, or 13,905
prison.
(B) "Bad time" means the time by which the parole board 13,907
administratively extends an offender's stated prison term or 13,908
terms pursuant to section 2967.11 of the Revised Code because the 13,909
parole board finds by clear and convincing evidence that the 13,910
offender, while serving the prison term or terms, committed an 13,911
act that is a criminal offense under the law of this state or the 13,912
United States, whether or not the offender is prosecuted for the 13,914
commission of that act.
(C) "Basic supervision" means a requirement that the 13,917
offender maintain contact with a person appointed to supervise 13,919
the offender in accordance with sanctions imposed by the court or 13,920
imposed by the parole board pursuant to section 2967.28 of the 13,921
Revised Code.
(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and 13,923
"unit dose" have the same meanings as in section 2925.01 of the 13,924
Revised Code.
(E) "Community-based correctional facility" means a 13,927
community-based correctional facility and program or district 13,928
community-based correctional facility and program developed 13,929
pursuant to sections 2301.51 to 2301.56 of the Revised Code. 13,930
(F) "Community control sanction" means a sanction that is 13,933
not a prison term and that is described in section 2929.15, 13,934
2929.16, 2929.17, or 2929.18 of the Revised Code. 13,935
331
(G) "Criminally injurious conduct" means any conduct of 13,938
the type that is described in division (C)(1) or (2) of section 13,939
2743.51 of the Revised Code and that occurs on or after July 1, 13,940
1996, or any activity that is described in divisions (C)(3) and 13,941
(R) of section 2743.51 of the Revised Code and that occurs on or 13,942
after the effective date of this amendment MARCH 10, 1998. 13,944
(H) "Controlled substance," "marihuana," "schedule I," and 13,946
"schedule II" have the same meanings as in section 3719.01 of the 13,948
Revised Code.
(I) "Curfew" means a requirement that an offender during a 13,951
specified period of time be at a designated place. 13,952
(J) "Day reporting" means a sanction pursuant to which an 13,955
offender is required each day to report to and leave a center or 13,956
other approved reporting location at specified times in order to 13,957
participate in work, education or training, treatment, and other 13,958
approved programs at the center or outside the center. 13,959
(K) "Deadly weapon" has the same meaning as in section 13,962
2923.11 of the Revised Code. 13,963
(L) "Drug and alcohol use monitoring" means a program 13,966
under which an offender agrees to submit to random chemical 13,967
analysis of the offender's blood, breath, or urine to determine 13,968
whether the offender has ingested any alcohol or other drugs. 13,969
(M) "Drug treatment program" means any program under which 13,972
a person undergoes assessment and treatment designed to reduce or 13,974
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under 13,975
which the person may be required to receive assessment and 13,977
treatment on an outpatient basis or may be required to reside at 13,978
a facility other than the person's home or residence while
undergoing assessment and treatment. 13,979
(N) "Economic loss" means any economic detriment suffered 13,982
by a victim as a result of criminally injurious conduct and 13,983
includes any loss of income due to lost time at work because of 13,984
any injury caused to the victim, and any property loss, medical 13,985
332
cost, or funeral expense incurred as a result of the criminally 13,986
injurious conduct.
(O) "Education or training" includes study at, or in 13,989
conjunction with a program offered by, a university, college, or 13,990
technical college or vocational study and also includes the 13,991
completion of primary school, secondary school, and literacy 13,992
curriculums or their equivalent.
(P) "Electronically monitored house arrest" has the same 13,995
meaning as in section 2929.23 of the Revised Code. 13,996
(Q) "Eligible offender" has the same meaning as in section 13,999
2929.23 of the Revised Code except as otherwise specified in 14,000
section 2929.20 of the Revised Code. 14,001
(R) "Firearm" has the same meaning as in section 2923.11 14,004
of the Revised Code.
(S) "Halfway house" means a facility licensed by the 14,007
division of parole and community services of the department of
rehabilitation and correction pursuant to section 2967.14 of the 14,009
Revised Code as a suitable facility for the care and treatment of 14,010
adult offenders.
(T) "House arrest" means a period of confinement of an 14,012
eligible offender that is in the eligible offender's home or in 14,013
other premises specified by the sentencing court or by the parole 14,014
board pursuant to section 2967.28 of the Revised Code, that may 14,015
be electronically monitored house arrest, and during which all of 14,016
the following apply: 14,017
(1) The eligible offender is required to remain in the 14,019
eligible offender's home or other specified premises for the 14,021
specified period of confinement, except for periods of time 14,022
during which the eligible offender is at the eligible offender's 14,023
place of employment or at other premises as authorized by the 14,025
sentencing court or by the parole board.
(2) The eligible offender is required to report 14,028
periodically to a person designated by the court or parole board. 14,029
(3) The eligible offender is subject to any other 14,031
333
restrictions and requirements that may be imposed by the 14,032
sentencing court or by the parole board. 14,033
(U) "Intensive supervision" means a requirement that an 14,036
offender maintain frequent contact with a person appointed by the 14,037
court, or by the parole board pursuant to section 2967.28 of the 14,038
Revised Code, to supervise the offender while the offender is 14,039
seeking or maintaining necessary employment and participating in 14,040
training, education, and treatment programs as required in the 14,041
court's or parole board's order.
(V) "Jail" means a jail, workhouse, minimum security jail, 14,044
or other residential facility used for the confinement of alleged 14,045
or convicted offenders that is operated by a political 14,046
subdivision or a combination of political subdivisions of this 14,047
state.
(W) "Delinquent child" has the same meaning as in section 14,049
2151.02 2152.02 of the Revised Code. 14,051
(X) "License violation report" means a report that is made 14,054
by a sentencing court, or by the parole board pursuant to section 14,055
2967.28 of the Revised Code, to the regulatory or licensing board 14,057
or agency that issued an offender a professional license or a 14,058
license or permit to do business in this state and that specifies 14,059
that the offender has been convicted of or pleaded guilty to an 14,060
offense that may violate the conditions under which the 14,061
offender's professional license or license or permit to do 14,062
business in this state was granted or an offense for which the 14,063
offender's professional license or license or permit to do
business in this state may be revoked or suspended. 14,064
(Y) "Major drug offender" means an offender who is 14,067
convicted of or pleads guilty to the possession of, sale of, or 14,068
offer to sell any drug, compound, mixture, preparation, or 14,069
substance that consists of or contains at least one thousand 14,070
grams of hashish; at least one hundred grams of crack cocaine; at 14,071
least one thousand grams of cocaine that is not crack cocaine; at 14,072
least two hundred fifty grams of heroin; at least five thousand 14,073
334
unit doses of L.S.D.; or at least one hundred times the amount of 14,075
any other schedule I or II controlled substance other than 14,076
marihuana that is necessary to commit a felony of the third 14,077
degree pursuant to section 2925.03, 2925.04, 2925.05, 2925.06, or 14,078
2925.11 of the Revised Code that is based on the possession of, 14,079
sale of, or offer to sell the controlled substance. 14,080
(Z) "Mandatory prison term" means one any of the 14,082
following:
(1) Subject to division (DD)(Z)(2) of this section, the 14,085
term in prison that must be imposed for the offenses or
circumstances set forth in divisions (F)(1) to (9)(8) or (F)(10) 14,087
of section 2929.13 and division (D) of section 2929.14 of the 14,088
Revised Code. Except as provided in sections 2925.02, 2925.03, 14,090
2925.04, 2925.05, and 2925.11 of the Revised Code, unless the 14,091
maximum or another specific term is required under section 14,092
2929.14 of the Revised Code, a mandatory prison term described in 14,093
this division may be any prison term authorized for the level of 14,094
offense.
(2) The term of sixty days in prison that a sentencing 14,097
court is required to impose for a fourth degree felony OMVI 14,098
offense pursuant to division (G)(2) of section 2929.13 and 14,099
division (A)(4) of section 4511.99 of the Revised Code. 14,100
(3) The term in prison imposed pursuant to section 2971.03 14,102
of the Revised Code for the offenses and in the circumstances 14,103
described in division (F)(9) of section 2929.13 of the Revised 14,104
Code and that term as modified or terminated pursuant to section 14,106
2971.05 of the Revised Code.
(AA) "Monitored time" means a period of time during which 14,109
an offender continues to be under the control of the sentencing 14,110
court or parole board, subject to no conditions other than 14,111
leading a law abiding life.
(BB) "Offender" means a person who, in this state, is 14,114
convicted of or pleads guilty to a felony or a misdemeanor. 14,115
(CC) "Prison" means a residential facility used for the 14,118
335
confinement of convicted felony offenders that is under the 14,119
control of the department of rehabilitation and correction but 14,120
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code. 14,121
(DD) "Prison term" includes any of the following sanctions 14,123
for an offender:
(1) A stated prison term; 14,125
(2) A term in a prison shortened by, or with the approval 14,128
of, the sentencing court pursuant to section 2929.20, 2967.26, 14,129
5120.031, 5120.032, or 5120.073 of the Revised Code; 14,130
(3) A term in prison extended by bad time imposed pursuant 14,133
to section 2967.11 of the Revised Code or imposed for a violation 14,134
of post-release control pursuant to section 2967.28 of the 14,135
Revised Code.
(EE) "Repeat violent offender" means a person about whom 14,138
both of the following apply:
(1) The person has been convicted of or has pleaded guilty 14,141
to, and is being sentenced for committing, for complicity in 14,142
committing, or for an attempt to commit, aggravated murder,
murder, involuntary manslaughter, a felony of the first degree 14,143
other than one set forth in Chapter 2925. of the Revised Code, a 14,145
felony of the first degree set forth in Chapter 2925. of the 14,146
Revised Code that involved an attempt to cause serious physical 14,147
harm to a person or that resulted in serious physical harm to a 14,148
person, or a felony of the second degree that involved an attempt 14,149
to cause serious physical harm to a person or that resulted in 14,151
serious physical harm to a person.
(2) Either of the following applies: 14,153
(a) The person previously was convicted of or pleaded 14,155
guilty to, and served a prison term for, any of the following: 14,156
(i) Aggravated murder, murder, involuntary manslaughter, 14,158
rape, felonious sexual penetration as it existed under section 14,160
2907.12 of the Revised Code as it existed prior to September 3,
1996, a felony of the first or second degree that resulted in the 14,161
336
death of a person or in physical harm to a person, or complicity 14,162
in or an attempt to commit any of those offenses; 14,163
(ii) An offense under an existing or former law of this 14,166
state, another state, or the United States that is or was 14,167
substantially equivalent to an offense listed under division 14,168
(EE)(2)(a)(i) of this section.
(b) The person previously was adjudicated a delinquent 14,170
child for committing an act that if committed by an adult would 14,171
have been an offense listed in division (EE)(2)(a)(i) or (ii) of 14,173
this section, the person was committed to the department of youth 14,174
services for that delinquent act, and the juvenile court in which 14,175
the person was adjudicated a delinquent child made a specific 14,176
finding that the adjudication should be considered a conviction 14,178
for purposes of a determination in the future pursuant to this
chapter as to whether the person is a repeat violent offender. 14,179
(FF) "Sanction" means any penalty imposed upon an offender 14,182
who is convicted of or pleads guilty to an offense, as punishment 14,183
for the offense. "Sanction" includes any sanction imposed 14,184
pursuant to any provision of sections 2929.14 to 2929.18 of the 14,185
Revised Code.
(GG) "Sentence" means the sanction or combination of 14,188
sanctions imposed by the sentencing court on an offender who is 14,189
convicted of or pleads guilty to a felony.
(HH) "Stated prison term" means the prison term, mandatory 14,192
prison term, or combination of all prison terms and mandatory 14,193
prison terms imposed by the sentencing court pursuant to section 14,194
2929.14 or 2971.03 of the Revised Code. "Stated prison term" 14,195
includes any credit received by the offender for time spent in 14,196
jail awaiting trial, sentencing, or transfer to prison for the 14,197
offense and any time spent under house arrest or electronically 14,198
monitored house arrest imposed after earning credits pursuant to 14,199
section 2967.193 of the Revised Code. 14,200
(II) "Victim-offender mediation" means a reconciliation or 14,203
mediation program that involves an offender and the victim of the 14,204
337
offense committed by the offender and that includes a meeting in 14,205
which the offender and the victim may discuss the offense, 14,206
discuss restitution, and consider other sanctions for the 14,207
offense.
(JJ) "Fourth degree felony OMVI offense" means a violation 14,210
of division (A) of section 4511.19 of the Revised Code that, 14,212
under section 4511.99 of the Revised Code, is a felony of the 14,214
fourth degree.
(KK) "Mandatory term of local incarceration" means the 14,217
term of sixty days in a jail, a community-based correctional 14,218
facility, a halfway house, or an alternative residential facility 14,219
that a sentencing court is required to impose upon a person who 14,220
is convicted of or pleads guilty to a fourth degree felony OMVI 14,221
offense pursuant to division (G)(1) of section 2929.13 of the 14,222
Revised Code and division (A)(4) of section 4511.99 of the
Revised Code. 14,223
(LL) "Designated homicide, assault, or kidnapping 14,225
offense," "sexual motivation specification," "sexually violent 14,226
offense," "sexually violent predator," and "sexually violent 14,227
predator specification" have the same meanings as in section 14,228
2971.01 of the Revised Code.
(MM) "Habitual sex offender," "sexually oriented offense," 14,231
and "sexual predator" have the same meanings as in section
2950.01 of the Revised Code. 14,232
Sec. 2929.12. (A) Unless a mandatory prison term is 14,242
required by division (F) of section 2929.13 or section 2929.14 of 14,243
the Revised Code, a court that imposes a sentence under this 14,244
chapter upon an offender for a felony has discretion to determine 14,245
the most effective way to comply with the purposes and principles 14,246
of sentencing set forth in section 2929.11 of the Revised Code. 14,248
In exercising that discretion, the court shall consider the 14,249
factors set forth in divisions (B) and (C) of this section 14,250
relating to the seriousness of the conduct and the factors 14,251
provided in divisions (D) and (E) of this section relating to the 14,252
338
likelihood of the offender's recidivism and, in addition, may 14,253
consider any other factors that are relevant to achieving those 14,254
purposes and principles of sentencing. 14,255
(B) The sentencing court shall consider all of the 14,258
following that apply regarding the offender, the offense, or the
victim, and any other relevant factors, as indicating that the 14,259
offender's conduct is more serious than conduct normally 14,260
constituting the offense: 14,261
(1) The physical or mental injury suffered by the victim 14,264
of the offense due to the conduct of the offender was exacerbated 14,265
because of the physical or mental condition or age of the victim. 14,266
(2) The victim of the offense suffered serious physical, 14,269
psychological, or economic harm as a result of the offense. 14,270
(3) The offender held a public office or position of trust 14,273
in the community, and the offense related to that office or
position. 14,274
(4) The offender's occupation, elected office, or 14,276
profession obliged the offender to prevent the offense or bring 14,277
others committing it to justice. 14,278
(5) The offender's professional reputation or occupation, 14,281
elected office, or profession was used to facilitate the offense 14,282
or is likely to influence the future conduct of others. 14,283
(6) The offender's relationship with the victim 14,285
facilitated the offense. 14,286
(7) The offender committed the offense for hire or as a 14,288
part of an organized criminal activity. 14,289
(8) In committing the offense, the offender was motivated 14,292
by prejudice based on race, ethnic background, gender, sexual
orientation, or religion. 14,293
(C) The sentencing court shall consider all of the 14,295
following that apply regarding the offender, the offense, or the 14,296
victim, and any other relevant factors, as indicating that the 14,297
offender's conduct is less serious than conduct normally 14,298
constituting the offense:
339
(1) The victim induced or facilitated the offense. 14,300
(2) In committing the offense, the offender acted under 14,302
strong provocation. 14,303
(3) In committing the offense, the offender did not cause 14,306
or expect to cause physical harm to any person or property.
(4) There are substantial grounds to mitigate the 14,308
offender's conduct, although the grounds are not enough to 14,309
constitute a defense. 14,310
(D) The sentencing court shall consider all of the 14,312
following that apply regarding the offender, and any other 14,313
relevant factors, as factors indicating that the offender is 14,315
likely to commit future crimes:
(1) At the time of committing the offense, the offender 14,317
was under release from confinement before trial or sentencing, 14,318
under a sanction imposed pursuant to section 2929.16, 2929.17, or 14,319
2929.18 of the Revised Code, or under post-release control 14,321
pursuant to section 2967.28 or any other provision of the Revised 14,322
Code for an earlier offense. 14,323
(2) The offender previously was adjudicated a delinquent 14,326
child pursuant to Chapter 2151. OR 2152. of the Revised Code, or 14,327
the offender has a history of criminal convictions. 14,328
(3) The offender has not been rehabilitated to a 14,330
satisfactory degree after previously being adjudicated a 14,331
delinquent child pursuant to Chapter 2151. OR 2152. of the 14,332
Revised Code, or the offender has not responded favorably to 14,334
sanctions previously imposed for criminal convictions. 14,335
(4) The offender has demonstrated a pattern of drug or 14,337
alcohol abuse that is related to the offense, and the offender 14,338
refuses to acknowledge that the offender has demonstrated that 14,339
pattern, or the offender refuses treatment for the drug or 14,340
alcohol abuse.
(5) The offender shows no genuine remorse for the offense. 14,342
(E) The sentencing court shall consider all of the 14,344
following that apply regarding the offender, and any other 14,345
340
relevant factors, as factors indicating that the offender is not 14,346
likely to commit future crimes:
(1) Prior to committing the offense, the offender had not 14,348
been adjudicated a delinquent child. 14,349
(2) Prior to committing the offense, the offender had not 14,351
been convicted of or pleaded guilty to a criminal offense. 14,352
(3) Prior to committing the offense, the offender had led 14,355
a law-abiding life for a significant number of years.
(4) The offense was committed under circumstances not 14,358
likely to recur.
(5) The offender shows genuine remorse for the offense. 14,360
Sec. 2929.23. (A) As used in this section: 14,369
(1) "Electronic monitoring device" means either ANY of the 14,371
following: 14,372
(a) Any device that can be operated by electrical or 14,374
battery power and that conforms with all of the following: 14,375
(i) The device has a transmitter that can be attached to a 14,377
person, that will transmit a specified signal to a receiver of 14,378
the type described in division (A)(1)(a)(ii) of this section if 14,379
the transmitter is removed from the person, turned off, or 14,380
altered in any manner without prior court approval in relation to 14,381
electronically monitored house arrest or electronically monitored 14,382
house detention or without prior approval of the department of 14,383
rehabilitation and correction in relation to the use of an 14,384
electronic monitoring device for an inmate on transitional 14,386
control or otherwise is tampered with, that can transmit 14,387
continuously and periodically a signal to that receiver when the 14,388
person is within a specified distance from the receiver, and that 14,389
can transmit an appropriate signal to that receiver if the person 14,390
to whom it is attached travels a specified distance from that 14,391
receiver.
(ii) The device has a receiver that can receive 14,393
continuously the signals transmitted by a transmitter of the type 14,394
described in division (A)(1)(a)(i) of this section, can transmit 14,395
341
continuously those signals by telephone to a central monitoring 14,396
computer of the type described in division (A)(1)(a)(iii) of this 14,397
section, and can transmit continuously an appropriate signal to 14,398
that central monitoring computer if the receiver is turned off or 14,399
altered without prior court approval or otherwise tampered with. 14,400
(iii) The device has a central monitoring computer that 14,402
can receive continuously the signals transmitted by telephone by 14,403
a receiver of the type described in division (A)(1)(a)(ii) of 14,404
this section and can monitor continuously the person to whom an 14,405
electronic monitoring device of the type described in division 14,406
(A)(1)(a) of this section is attached. 14,407
(b) Any device that is not a device of the type described 14,409
in division (A)(1)(a) of this section and that conforms with all 14,410
of the following: 14,411
(i) The device includes a transmitter and receiver that 14,413
can monitor and determine the location of a subject person at any 14,414
time, or at a designated point in time, through the use of a 14,415
central monitoring computer or through other electronic means; 14,416
(ii) The device includes a transmitter and receiver that 14,418
can determine at any time, or at a designated point in time, 14,419
through the use of a central monitoring computer or other 14,420
electronic means the fact that the transmitter is turned off or 14,421
altered in any manner without prior approval of the court in 14,422
relation to electronically monitored house arrest or 14,423
electronically monitored house detention or without prior 14,424
approval of the department of rehabilitation and correction in 14,425
relation to the use of an electronic monitoring device for an 14,427
inmate on transitional control or otherwise is tampered with. 14,429
(c) ANY TYPE OF TECHNOLOGY THAT CAN ADEQUATELY TRACK OR 14,431
DETERMINE THE LOCATION OF A SUBJECT PERSON AT ANY TIME AND THAT 14,432
IS APPROVED BY THE DIRECTOR OF REHABILITATION AND CORRECTION, 14,433
INCLUDING, BUT NOT LIMITED TO, ANY SATELLITE TECHNOLOGY, VOICE 14,434
TRACKING SYSTEM, OR RETINAL SCANNING SYSTEM THAT IS SO APPROVED. 14,435
(2) "Certified electronic monitoring device" means an 14,437
342
electronic monitoring device that has been certified by the 14,438
superintendent of the bureau of criminal identification and 14,439
investigation pursuant to division (C)(1) of this section. 14,440
(3) "Eligible offender" means a person who has been 14,442
convicted of or pleaded guilty to any offense, except that a 14,443
person is not an "eligible offender" if any of the following 14,445
apply in relation to the person, the offense, or the person and 14,446
the offense: 14,447
(a) The person is subject to or is serving a term of life 14,449
imprisonment.
(b) The person is subject to or is serving a mandatory 14,451
prison term imposed under division (F) of section 2929.13, 14,452
division (D) of section 2929.14, or any other section of the 14,453
Revised Code, provided that, after the person has served all of 14,454
the mandatory prison terms so imposed, the person may be an 14,455
eligible offender unless excluded by division (A)(3)(a), (c) or 14,456
(d) of this section. 14,457
(c) The offense is a violation of division (A) of section 14,460
4511.19 of the Revised Code, and the offender is sentenced for
that offense pursuant to division (G)(1) of section 2929.13 of 14,461
the Revised Code and is serving the mandatory term of local 14,463
incarceration of sixty consecutive days of imprisonment imposed 14,464
under that division, provided that, after the person has served 14,465
all of the mandatory term of local incarceration so imposed, the
person may be an eligible offender unless excluded by division 14,466
(A)(3)(a), (b), or (d) of this section. 14,468
(d) The offense is a violation of division (A) of section 14,471
4511.19 of the Revised Code, and the person is sentenced for that 14,472
offense pursuant to division (G)(2) of section 2929.13 of the 14,473
Revised Code. 14,474
(4) "Electronically monitored house arrest" means a period 14,476
of confinement of an eligible offender in the eligible offender's 14,478
home or in other premises specified by the sentencing court OR A 14,479
PERIOD OF CONFINEMENT OF A DELINQUENT CHILD IN THE CHILD'S HOME 14,480
343
OR IN OTHER PREMISES SPECIFIED BY THE JUVENILE COURT, during 14,481
which period of confinement all of the following apply: 14,482
(a) The eligible offender OR CHILD wears, otherwise has 14,484
attached to the eligible offender's OR CHILD'S person, or 14,485
otherwise is subject to monitoring by a certified electronic 14,487
monitoring device, or the eligible offender OR CHILD is subject 14,488
to monitoring by a certified electronic monitoring system; 14,489
(b) The eligible offender OR CHILD is required to remain 14,491
in the eligible offender's OR CHILD'S home or other premises 14,493
specified by the sentencing court OR JUVENILE COURT for the 14,494
specified period of confinement, except for periods of time 14,495
during which the eligible offender OR CHILD is at the eligible 14,497
offender's place of employment, AT SCHOOL, or at other premises 14,500
as authorized by the sentencing court OR JUVENILE COURT;
(c) The eligible offender OR CHILD is subject to 14,502
monitoring by a central system that monitors the certified 14,503
electronic monitoring device that is attached to the eligible 14,504
offender's OR CHILD'S person or that otherwise is being used to 14,506
monitor the eligible offender OR CHILD and that can monitor and 14,507
determine the eligible offender's OR CHILD'S location at any time
or at a designated point in time, or the eligible offender OR 14,509
CHILD is required to participate in monitoring by a certified 14,510
electronic monitoring system; 14,511
(d) The eligible offender OR CHILD is required by the 14,513
sentencing court OR JUVENILE COURT to report periodically to a 14,514
person designated by the court; 14,515
(e) The eligible offender OR CHILD is subject to any other 14,517
restrictions and requirements that may be imposed by the 14,518
sentencing court OR JUVENILE COURT. 14,519
(5) "Electronic monitoring system" means a system by which 14,521
the location of an eligible offender can be verified 14,522
telephonically through the use of voice-activated voice response 14,523
technology that conforms with all of the following: 14,524
(a) It can be programmed to call the telephone or 14,526
344
telephones assigned to the eligible offender who is the subject 14,528
of the monitoring as often as necessary; 14,529
(b) It is equipped with a voice recognition system that 14,531
can work accurately and reliably under the anticipated conditions 14,532
in which it will operate; 14,533
(c) It is equipped to perform an alarm function if the 14,535
eligible offender who is the subject of monitoring does not 14,537
respond to system commands in the manner required. 14,538
(6) "Certified electronic monitoring system" means an 14,540
electronic monitoring system that has been certified by the 14,541
superintendent of the bureau of criminal identification and 14,542
investigation pursuant to division (C)(1) of this section. 14,543
(7) "Electronically monitored house detention" has the 14,545
same meaning as in section 2151.355 of the Revised Code. 14,546
(8) "Transitional control" means the program of 14,549
transitional control established by the department of 14,550
rehabilitation and correction under section 2967.26 of the 14,551
Revised Code, if the department establishes a program of that 14,552
nature under that section.
(B)(1) Any court may impose as a sanction pursuant to 14,554
sections 2929.15 and 2929.17 of the Revised Code a period of 14,555
electronically monitored house arrest upon an eligible offender 14,556
who is convicted of or pleads guilty to a felony, except that the 14,557
total of any period of electronically monitored house arrest 14,558
imposed upon that eligible offender plus the period of all other 14,559
sanctions imposed upon the same eligible offender pursuant to 14,560
sections 2929.15, 2929.16, 2929.17, and 2929.18 of the Revised 14,561
Code shall not exceed five years. Any court may impose a period 14,562
of electronically monitored house arrest upon an eligible 14,563
offender who is convicted of or pleads guilty to a misdemeanor in 14,564
addition to or in lieu of any other sentence imposed or 14,565
authorized for the offense, except that the total of any period 14,566
of electronically monitored house arrest imposed upon that 14,567
eligible offender plus the period of any sentence of imprisonment 14,568
345
imposed upon the same eligible offender shall not exceed the 14,569
maximum term of imprisonment that could be imposed upon the 14,570
eligible offender pursuant to section 2929.21 of the Revised Code 14,571
and except that, if the offense for which an eligible offender is 14,572
being sentenced is a violation of division (A) of section 4511.19 14,573
or of division (D)(2) of section 4507.02 of the Revised Code, the 14,574
court may impose a period of electronically monitored house 14,575
arrest upon the eligible offender only when authorized by and 14,576
only in the circumstances described in division (A) of section 14,577
4511.99 or division (B) of section 4507.99 of the Revised Code. 14,578
If a court imposes a period of electronically monitored 14,580
house arrest upon an eligible offender, it shall require the 14,581
eligible offender to wear, otherwise have attached to the 14,582
eligible offender's person, or otherwise be subject to monitoring 14,584
by a certified electronic monitoring device or to participate in 14,585
the operation of and monitoring by a certified electronic 14,586
monitoring system; to remain in the eligible offender's home or 14,587
other specified premises for the entire period of electronically 14,589
monitored house arrest except when the court permits the eligible 14,590
offender to leave those premises to go to the eligible offender's 14,591
place of employment or to other specified premises; to be 14,592
monitored by a central system that monitors the certified 14,593
electronic monitoring device that is attached to the eligible 14,594
offender's person or that otherwise is being used to monitor the 14,596
eligible offender and that can monitor and determine the eligible 14,598
offender's location at any time or at a designated point in time 14,600
or to be monitored by the certified electronic monitoring system; 14,601
to report periodically to a person designated by the court; and, 14,602
in return for receiving a period of electronically monitored 14,603
house arrest, to enter into a written contract with the court 14,604
agreeing to comply with all restrictions and requirements imposed 14,605
by the court, agreeing to pay any fee imposed by the court for 14,606
the costs of the electronically monitored house arrest imposed by 14,607
the court pursuant to division (E) of this section, and agreeing 14,608
346
to waive the right to receive credit for any time served on 14,609
electronically monitored house arrest toward any prison term or
sentence of imprisonment imposed upon the eligible offender for 14,611
the offense for which the period of electronically monitored 14,612
house arrest was imposed if the eligible offender violates any of 14,613
the restrictions or requirements of the period of electronically 14,615
monitored house arrest, and additionally, it may impose any other 14,616
reasonable restrictions and requirements upon the eligible 14,617
offender.
(2) If an eligible offender violates any of the 14,619
restrictions or requirements imposed upon the eligible offender 14,620
as part of the eligible offender's period of electronically 14,622
monitored house arrest, the eligible offender shall not receive 14,623
credit for any time served on electronically monitored house 14,624
arrest toward any prison term or sentence of imprisonment imposed 14,625
upon the eligible offender for the offense for which the period 14,627
of electronically monitored house arrest was imposed. 14,628
(C)(1) The superintendent of the bureau of criminal 14,630
identification and investigation, in accordance with this section 14,631
and rules adopted by the superintendent pursuant to division 14,632
(C)(2) of this section, shall certify for use in cases of 14,633
electronically monitored house arrest, in electronically 14,634
monitored house detention, and in relation to an inmate on 14,636
transitional control specific types and brands of electronic 14,637
monitoring devices and electronic monitoring systems that comply 14,638
with the requirements of this section, section 5120.073 of the 14,639
Revised Code, and those rules. Any manufacturer that, pursuant 14,640
to this division, seeks to obtain the certification of any type 14,641
or brand of electronic monitoring device or electronic monitoring 14,642
system shall submit to the superintendent an application for 14,643
certification in accordance with those rules together with the 14,644
application fee and costs of certification as required by those 14,645
rules. The superintendent shall not certify any electronic 14,646
monitoring device or electronic monitoring system pursuant to 14,647
347
this division unless the application fee and costs have been paid 14,648
to the superintendent.
(2) The superintendent, in accordance with Chapter 119. of 14,650
the Revised Code, shall adopt rules for certifying specific types 14,651
and brands of electronic monitoring devices and electronic 14,652
monitoring systems for use in electronically monitored house 14,653
arrest, in electronically monitored house detention, and in 14,655
relation to an inmate on transitional control. The rules shall 14,656
set forth the requirements for obtaining the certification, the 14,657
application fee and other costs for obtaining the certification, 14,658
the procedure for applying for certification, and any other 14,659
requirements and procedures considered necessary by the 14,660
superintendent. The rules shall require that no type or brand of 14,661
electronic monitoring device or electronic monitoring system be 14,662
certified unless the type or brand of device or system complies 14,663
with whichever of the following is applicable, in addition to any 14,664
other requirements specified by the superintendent: 14,665
(a) For electronic monitoring devices of the type 14,667
described in division (A)(1)(a) of this section, the type or 14,668
brand of device complies with all of the following: 14,669
(i) It has a transmitter of the type described in division 14,671
(A)(1)(a)(i) of this section, a receiver of the type described in 14,672
division (A)(1)(a)(ii) of this section, and a central monitoring 14,673
computer of the type described in division (A)(1)(a)(iii) of this 14,674
section; 14,675
(ii) Its transmitter can be worn by or attached to a 14,677
person with a minimum of discomfort during normal activities, is 14,678
difficult to remove, turn off, or otherwise alter without prior 14,679
court approval in relation to electronically monitored house 14,680
arrest or electronically monitored house detention or prior 14,681
approval of the department of rehabilitation and correction in 14,682
relation to the use of an electronic monitoring device for an 14,684
inmate on transitional control, and will transmit a specified 14,686
signal to the receiver if it is removed, turned off, altered, or 14,687
348
otherwise tampered with;
(iii) Its receiver is difficult to turn off or alter and 14,689
will transmit a signal to the central monitoring computer if it 14,690
is turned off, altered, or otherwise tampered with; 14,691
(iv) Its central monitoring computer is difficult to 14,693
circumvent; 14,694
(v) Its transmitter, receiver, and central monitoring 14,696
computer work accurately and reliably under the anticipated 14,697
conditions under which electronically monitored house arrest or 14,698
electronically monitored house detention will be imposed by 14,699
courts or under which an electronic monitoring device will be 14,702
used by the department of rehabilitation and correction in
relation to an inmate on transitional control; 14,703
(vi) It has a backup battery power supply that operates 14,705
automatically when the main source of electrical or battery power 14,706
for the device fails. 14,707
(b) For electronic monitoring devices of the type 14,709
described in division (A)(1)(b) of this section, the type or 14,710
brand of device complies with all of the following: 14,711
(i) It has a transmitter and receiver of the type 14,713
described in divisions (A)(1)(b)(i) and (ii) of this section. 14,714
(ii) Its transmitter is difficult to turn off or alter 14,716
without prior court approval in relation to electronically 14,717
monitored house arrest or electronically monitored house 14,718
detention or without prior approval of the department of 14,719
rehabilitation and correction in relation to the use of an 14,720
electronic monitoring device for an inmate on transitional 14,722
control, and, if the transmitter is turned off or altered in any 14,724
manner without prior approval of the court or department or 14,725
otherwise is tampered with, the fact that it has been turned off, 14,726
altered, or tampered with can be determined at any time, or at a 14,727
designated point in time, through the use of a central monitoring 14,728
computer or through other electronic means.
(iii) Its receiver is difficult to turn off or alter, and, 14,730
349
if the receiver is turned off, altered, or otherwise tampered 14,731
with, the fact that it has been turned off, altered, or tampered 14,732
with can be determined at any time, or at a designated point in 14,733
time, through the use of a central monitoring computer or through 14,734
other electronic means. 14,735
(iv) Its central monitoring computer or other means of 14,737
electronic monitoring is difficult to circumvent. 14,738
(v) Its transmitter, receiver, and central monitoring 14,740
computer or other means of electronic monitoring work accurately 14,741
and reliably under the anticipated conditions under which 14,742
electronically monitored house arrest or electronically monitored 14,744
house detention will be used, or under which an electronic 14,745
monitoring device will be used by the department of 14,747
rehabilitation and correction in relation to an inmate on 14,748
transitional control.
(vi) If it operates on electrical or battery power, it has 14,750
a backup battery power supply that operates automatically when 14,751
the main source of electrical or battery power for the device 14,752
fails, or, if it does not operate on electrical or battery power, 14,753
it has a backup method of operation so that it will continue to 14,754
operate if its main method of operation fails. 14,755
(c) For electronic monitoring systems, the type or brand 14,757
of system complies with all of the following: 14,758
(i) It can be programmed to call the telephone or 14,760
telephones assigned to the person who is the subject of the 14,761
monitoring as often as necessary; 14,762
(ii) It is equipped with a voice recognition system that 14,764
can work accurately and reliably under the anticipated conditions 14,765
in which it will operate; 14,766
(iii) It is equipped to perform an alarm function if the 14,768
person who is the subject of the monitoring does not respond to 14,769
system commands in the manner required. 14,770
(3) The superintendent shall publish and make available to 14,772
all courts and to the department of rehabilitation and 14,773
350
correction, without charge, a list of all types and brands of 14,774
electronic monitoring devices and electronic monitoring systems 14,775
that have been certified by the superintendent pursuant to 14,776
division (C)(1) of this section and information about the 14,777
manufacturers of the certified devices and systems and places at 14,778
which the devices and systems can be obtained. 14,779
(D) The superintendent of the bureau of criminal 14,781
identification and investigation shall deposit all costs and fees 14,782
collected pursuant to division (C) of this section into the 14,784
general revenue fund.
(E)(1) Each county in which is located a court that 14,786
imposes a period of electronically monitored house arrest or 14,787
electronically monitored house detention as a sentencing sanction 14,788
or alternative may establish in the county treasury an 14,790
electronically monitored house arrest and detention fund. The 14,791
clerk of each court that uses that sentencing sanction or 14,792
alternative may deposit into the fund all fees collected from 14,794
eligible offenders upon whom electronically monitored house 14,795
arrest or detention is imposed pursuant to this section, section 14,796
2151.355 2152.19, or any other section of the Revised Code that 14,798
specifically authorizes the imposition of electronically 14,799
monitored house arrest or detention. Each court that imposes 14,800
electronically monitored house arrest or detention may adopt by 14,801
local court rule a reasonable daily fee to be paid by each 14,803
eligible offender upon whom a period of electronically monitored
house arrest or detention is imposed as a sentencing sanction or 14,804
alternative. The fee may include the actual costs of providing 14,807
house arrest or detention and an additional amount necessary to 14,809
enable the court to provide electronically monitored house arrest 14,810
or detention to indigent eligible offenders. The fund may be 14,811
used only for the payment of the costs of electronically 14,812
monitored house arrest or detention, including, but not limited 14,813
to, the costs of electronically monitored house arrest or 14,814
detention for indigent eligible offenders.
351
(2) If a fee is adopted pursuant to division (E)(1) of 14,816
this section, it shall be in addition to any fine specifically 14,817
authorized or required by any other section of the Revised Code 14,818
for an eligible offender upon whom a period of electronically 14,819
monitored house arrest or detention is imposed as a sentencing 14,820
sanction or alternative. 14,821
Sec. 2930.18. No employer of a victim shall discharge, 14,830
discipline, or otherwise retaliate against the victim, a member 14,831
of the victim's family, or a victim's representative for 14,832
participating, at the prosecutor's request, in preparation for a 14,833
criminal justice proceeding or for attendance, pursuant to a 14,834
subpoena, at a criminal proceeding if the attendance is 14,836
reasonably necessary to protect the interests of the victim.
This section generally does not require an employer to pay an 14,837
employee for time lost as a result of attendance at a criminal 14,838
proceeding. An employer who knowingly violates this section is 14,840
in contempt of court. This section does not limit or affect the 14,841
application to any person of section 2151.211 2152.75, 2939.121, 14,842
or 2945.451 of the Revised Code. 14,844
Sec. 2938.02. The provisions of Chapter 2938. of the 14,853
Revised Code shall apply to trial on the merits of any 14,854
misdemeanor, ordinance offense, prosecution for the violation of 14,855
any rule or regulation of any governmental body authorized to
adopt penal regulations, or to complaints to keep the peace, 14,856
which may be instituted in and retained for trial on the merits 14,857
in any court or before any magistrate inferior to the court of 14,858
common pleas; provided that in juvenile courts, where the conduct 14,859
of any person under the age of eighteen years is made the subject 14,860
of inquiry and for which special provision is made by Chapter
2151. OR 2152. of the Revised Code, such matters shall be tried, 14,862
adjusted, or disposed of pursuant to Chapter 2151. OR 2152. of 14,863
the Revised Code.
Sec. 2941.141. (A) Imposition of a one-year mandatory 14,872
prison term upon an offender under division (D)(1)(a)(i) of 14,873
352
section 2929.14 of the Revised Code is precluded unless the 14,874
indictment, count in the indictment, or information charging the 14,876
offense specifies that the offender had a firearm on or about the 14,877
offender's person or under the offender's control while 14,878
committing the offense. The specification shall be stated at the 14,879
end of the body of the indictment, count, or information, and 14,880
shall be in substantially the following form: 14,881
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). 14,884
The Grand Jurors (or insert the person's or the prosecuting 14,886
attorney's name when appropriate) further find and specify that 14,887
(set forth that the offender had a firearm on or about the 14,888
offender's person or under the offender's control while 14,889
committing the offense.)" 14,890
(B) Imposition of a one-year mandatory prison term upon an 14,892
offender under division (D)(1)(a)(i) of section 2929.14 of the 14,893
Revised Code is precluded if a court imposes a three-year or 14,894
six-year mandatory prison term on the offender under that 14,895
division relative to the same felony.
(C) THE SPECIFICATION DESCRIBED IN DIVISION (A) OF THIS 14,897
SECTION MAY BE USED IN A DELINQUENT CHILD PROCEEDING, IN THE 14,898
MANNER AND FOR THE PURPOSE DESCRIBED IN SECTION 2152.17 OF THE 14,899
REVISED CODE.
(D) As used in this section, "firearm" has the same 14,901
meaning as in section 2923.11 of the Revised Code. 14,902
Sec. 2941.142. (A) Imposition of a mandatory prison term 14,911
of one, two, or three years pursuant to division (I) of section 14,913
2929.14 of the Revised Code upon an offender who committed a 14,916
felony that is an offense of violence while participating in a 14,918
criminal gang is precluded unless the indictment, count in the 14,919
indictment, or information charging the felony specifies that the 14,920
offender committed the felony that is an offense of violence 14,921
while participating in a criminal gang. The specification shall 14,923
be stated at the end of the body of the indictment, count, or 14,924
information, and shall be in substantially the following form: 14,925
353
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 14,928
grand jurors (or insert the person's or the prosecuting
attorney's name when appropriate) further find and specify that 14,930
(set forth that the offender committed the felony that is an 14,931
offense of violence while participating in a criminal gang.)" 14,933
(B) THE SPECIFICATION DESCRIBED IN DIVISION (A) OF THIS 14,935
SECTION MAY BE USED IN A DELINQUENT CHILD PROCEEDING, IN THE 14,936
MANNER AND FOR THE PURPOSE DESCRIBED IN SECTION 2152.17 OF THE 14,937
REVISED CODE.
(C) As used in this section, "criminal gang" has the same 14,939
meaning as in section 2923.41 of the Revised Code. 14,940
Sec. 2941.144. (A) Imposition of a six-year mandatory 14,949
prison term upon an offender under division (D)(1)(a)(i) of 14,950
section 2929.14 of the Revised Code is precluded unless the 14,951
indictment, count in the indictment, or information charging the 14,952
offense specifies that the offender had a firearm that is an 14,953
automatic firearm or that was equipped with a firearm muffler or 14,954
silencer on or about the offender's person or under the 14,955
offender's control while committing the offense. The 14,957
specification shall be stated at the end of the body of the 14,958
indictment, count, or information and shall be stated in 14,959
substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 14,961
Grand Jurors (or insert the person's or the prosecuting 14,962
attorney's name when appropriate) further find and specify that 14,963
(set forth that the offender had a firearm that is an automatic 14,964
firearm or that was equipped with a firearm muffler or silencer 14,965
on or about the offender's person or under the offender's control 14,966
while committing the offense)." 14,967
(B) Imposition of a six-year mandatory prison term upon an 14,969
offender under division (D)(1)(a)(i) of section 2929.14 of the 14,970
Revised Code is precluded if a court imposes a three-year or 14,971
one-year mandatory prison term on the offender under that 14,972
division relative to the same felony.
354
(C) THE SPECIFICATION DESCRIBED IN DIVISION (A) OF THIS 14,974
SECTION MAY BE USED IN A DELINQUENT CHILD PROCEEDING, IN THE 14,975
MANNER AND FOR THE PURPOSE DESCRIBED IN SECTION 2152.17 OF THE 14,976
REVISED CODE.
(D) As used in this section, "firearm" and "automatic 14,978
firearm" have the same meanings as in section 2923.11 of the 14,979
Revised Code.
Sec. 2941.145. (A) Imposition of a three-year mandatory 14,989
prison term upon an offender under division (D)(1)(a)(i) of 14,990
section 2929.14 of the Revised Code is precluded unless the 14,992
indictment, count in the indictment, or information charging the 14,993
offense specifies that the offender had a firearm on or about the 14,994
offender's person or under the offender's control while 14,995
committing the offense and displayed the firearm, brandished the 14,996
firearm, indicated that the offender possessed the firearm, or 14,997
used it to facilitate the offense. The specification shall be 14,998
stated at the end of the body of the indictment, county COUNT, or 14,999
information, and shall be stated in substantially the following 15,001
form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 15,004
Grand Jurors (or insert the person's or the prosecuting 15,005
attorney's name when appropriate) further find and specify that 15,006
(set forth that the offender had a firearm on or about the 15,007
offender's person or under the offender's control while 15,008
committing the offense and displayed the firearm, brandished the
firearm, indicated that the offender possessed the firearm, or 15,009
used it to facilitate the offense)." 15,010
(B) Imposition of a three-year mandatory prison term upon 15,012
an offender under division (D)(1)(a)(i) of section 2929.14 of the 15,014
Revised Code is precluded if a court imposes a one-year or 15,015
six-year mandatory prison term on the offender under that
division relative to the same felony. 15,016
(C) THE SPECIFICATION DESCRIBED IN DIVISION (A) OF THIS 15,018
SECTION MAY BE USED IN A DELINQUENT CHILD PROCEEDING, IN THE 15,019
355
MANNER AND FOR THE PURPOSE DESCRIBED IN SECTION 2152.17 OF THE 15,020
REVISED CODE.
(D) As used in this section, "firearm" has the same 15,022
meaning as in section 2923.11 of the Revised Code. 15,023
Sec. 2941.146. (A) Imposition of a mandatory five-year 15,032
prison term upon an offender under division (D)(1)(a)(ii) of 15,033
section 2929.14 of the Revised Code for committing a violation of 15,034
section 2923.161 of the Revised Code or for committing a felony 15,035
that includes, as an essential element, purposely or knowingly 15,036
causing or attempting to cause the death of or physical harm to 15,038
another and that was committed by discharging a firearm from a 15,039
motor vehicle other than a manufactured home is precluded unless 15,040
the indictment, count in the indictment, or information charging 15,041
the offender specifies that the offender committed the offense by 15,042
discharging a firearm from a motor vehicle other than a 15,043
manufactured home. The specification shall be stated at the end 15,044
of the body of the indictment, count, or information, and shall 15,045
be stated in substantially the following form: 15,046
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 15,048
Grand Jurors (or insert the person's or prosecuting attorney's 15,049
name when appropriate) further find and specify that (set forth 15,051
that the offender committed the violation of section 2923.161 of 15,052
the Revised Code or the felony that includes, as an essential 15,053
element, purposely or knowingly causing or attempting to cause
the death of or physical harm to another and that was committed 15,054
by discharging a firearm from a motor vehicle other than a 15,055
manufactured home)." 15,056
(B) THE SPECIFICATION DESCRIBED IN DIVISION (A) OF THIS 15,058
SECTION MAY BE USED IN A DELINQUENT CHILD PROCEEDING, IN THE 15,059
MANNER AND FOR THE PURPOSE DESCRIBED IN SECTION 2152.17 OF THE 15,060
REVISED CODE.
(C) As used in this section: 15,062
(1) "Firearm" has the same meaning as in section 2923.11 15,064
of the Revised Code; 15,065
356
(2) "Motor vehicle" and "manufactured home" have the same 15,067
meanings as in section 4501.01 of the Revised Code. 15,068
Sec. 2945.67. (A)(1) A prosecuting attorney, village 15,077
solicitor, city director of law, or the attorney general may 15,078
appeal as a matter of right any decision of a trial court in a 15,079
criminal case, or any decision of a juvenile court in a 15,080
delinquency DELINQUENT CHILD case, which IF THE decision grants 15,082
DOES ANY OF THE FOLLOWING:
(a) GRANTS a motion to dismiss all or any part of an 15,085
indictment, complaint, or information, a motion to suppress 15,086
evidence, or a motion for the return of seized property or 15,087
grants;
(b) GRANTS post-conviction relief pursuant to sections 15,089
2953.21 to 2953.24 of the Revised Code, and; 15,090
(c) DENIES A MOTION TO TRANSFER A DELINQUENT CHILD CASE 15,092
FROM A JUVENILE COURT TO THE APPROPRIATE COURT THAT HAS 15,093
JURISDICTION OF THE OFFENSE AS PROVIDED IN DIVISION (B) OF 15,094
SECTION 2152.12 OF THE REVISED CODE. 15,095
(2) A PROSECUTING ATTORNEY, VILLAGE SOLICITOR, CITY 15,097
DIRECTOR OF LAW, OR THE ATTORNEY GENERAL may appeal by leave of 15,099
the court to which the appeal is taken any other decision, except 15,100
the final verdict, of the trial court in a criminal case or of 15,101
the juvenile court in a delinquency DELINQUENT CHILD case. In 15,102
(3) IN addition to any other right to appeal under this 15,105
section or any other provision of law, a prosecuting attorney, 15,106
city director of law, village solicitor, or similar chief legal 15,107
officer of a municipal corporation, or the attorney general may
appeal, in accordance with section 2953.08 of the Revised Code, a 15,108
sentence imposed upon a person who is convicted of or pleads 15,109
guilty to a felony.
(B) In any proceeding brought pursuant to division (A) of 15,111
this section, the court, in accordance with Chapter 120. of the 15,113
Revised Code, shall appoint the county public defender, joint
county public defender, or other counsel to represent any person 15,114
357
who is indigent, is not represented by counsel, and does not 15,115
waive the person's right to counsel. 15,116
Sec. 2950.01. As used in this chapter, unless the context 15,125
clearly requires otherwise: 15,126
(A) "Confinement" includes, but is not limited to, a 15,128
community residential sanction imposed pursuant to section 15,129
2929.16 of the Revised Code.
(B) "Habitual sex offender" means a person who TO WHOM 15,132
BOTH OF THE FOLLOWING APPLY:
(1) THE PERSON is convicted of or pleads guilty to a 15,134
sexually oriented offense and who OR IS ADJUDICATED A DELINQUENT 15,135
CHILD FOR COMMITTING A SEXUALLY ORIENTED OFFENSE. 15,136
(2) THE PERSON previously has been convicted of or pleaded 15,138
guilty to one or more sexually oriented offenses OR PREVIOUSLY 15,139
HAS BEEN ADJUDICATED A DELINQUENT CHILD FOR COMMITTING ONE OR 15,140
MORE SEXUALLY ORIENTED OFFENSES.
(C) "Prosecutor" has the same meaning as in section 15,143
2935.01 of the Revised Code.
(D) "Sexually oriented offense" means any of the following 15,145
offenses: 15,146
(1) Regardless of the age of the victim of the offense, a 15,148
violation of section 2907.02, 2907.03, or 2907.05 of the Revised 15,150
Code;
(2) Any of the following offenses involving a minor, in 15,152
the circumstances specified: 15,153
(a) A violation of section 2905.01, 2905.02, 2905.03, 15,156
2905.04, 2905.05, or 2907.04 of the Revised Code when the victim 15,157
of the offense is under eighteen years of age;
(b) A violation of section 2907.21 of the Revised Code 15,160
when the person who is compelled, induced, procured, encouraged, 15,161
solicited, requested, or facilitated to engage in, paid or agreed 15,162
to be paid for, or allowed to engage in the sexual activity in 15,163
question is under eighteen years of age; 15,164
(c) A violation of division (A)(1) or (3) of section 15,166
358
2907.321 or 2907.322 of the Revised Code; 15,168
(d) A violation of division (A)(1) or (2) of section 15,170
2907.323 of the Revised Code; 15,171
(e) A violation of division (B)(5) of section 2919.22 of 15,174
the Revised Code when the child who is involved in the offense is 15,175
under eighteen years of age. 15,176
(3) Regardless of the age of the victim of the offense, a 15,178
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the 15,179
Revised Code, or of division (A) of section 2903.04 of the 15,181
Revised Code, that is committed with a purpose to gratify the 15,183
sexual needs or desires of the offender;
(4) A sexually violent offense; 15,185
(5) A violation of any former law of this state that was 15,187
substantially equivalent to any offense listed in division 15,188
(D)(1), (2), (3), or (4) of this section; 15,189
(6) A violation of an existing or former municipal 15,191
ordinance or law of another state or the United States, a 15,193
violation under the law applicable in a military court, or a 15,194
violation under the law applicable in an Indian tribal court that 15,195
is or was substantially equivalent to any offense listed in 15,197
division (D)(1), (2), (3), or (4) of this section;
(7) An attempt to commit, conspiracy to commit, or 15,199
complicity in committing any offense listed in division (D)(1), 15,200
(2), (3), (4), (5), or (6) of this section; 15,201
(8) AN ACT COMMITTED BY A PERSON UNDER EIGHTEEN YEARS OF 15,203
AGE THAT WOULD BE ANY OFFENSE LISTED IN DIVISION (D)(1), (2), 15,204
(3), (4), (5), (6), OR (7) OF THIS SECTION IF COMMITTED BY AN 15,205
ADULT.
(E) "Sexual predator" means a person who has been 15,207
convicted of or, pleaded guilty to, OR BEEN ADJUDICATED A 15,208
DELINQUENT CHILD FOR committing a sexually oriented offense and 15,209
is likely to engage in the future in one or more sexually 15,210
oriented offenses.
(F) "Supervised release" means a release from a prison 15,212
359
term, a term of imprisonment, or another type of confinement OR 15,214
DETENTION that satisfies either of the following conditions: 15,215
(1) The release is on parole, a conditional pardon, or 15,217
probation, under transitional control, or under a post-release 15,218
control sanction, and it requires the person to report to or be 15,219
supervised by a parole officer, probation officer, field officer, 15,220
or another type of supervising officer.
(2) The release is any type of release that is not 15,222
described in division (F)(1) of this section and that requires 15,223
the person to report to or be supervised by a probation officer, 15,224
a parole officer, a field officer, or another type of supervising 15,225
officer.
(G) An offender is "adjudicated as being a sexual 15,227
predator" if any of the following applies: 15,228
(1) The offender is convicted of or pleads guilty to 15,230
committing, on or after January 1, 1997, a sexually oriented 15,232
offense that is a sexually violent offense and also is convicted 15,233
of or pleads guilty to a sexually violent predator specification 15,235
that was included in the indictment, count in the indictment, or 15,236
information that charged the sexually violent offense. 15,237
(2) Regardless of when the sexually oriented offense was 15,239
committed, on or after the effective date of this section JANUARY 15,241
1, 1997, the offender is sentenced for a sexually oriented 15,242
offense, and the sentencing judge determines pursuant to division 15,243
(B) of section 2950.09 of the Revised Code that the offender is a 15,244
sexual predator. 15,245
(3) THE SEXUALLY ORIENTED OFFENSE WAS COMMITTED ON OR 15,247
AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, THE OFFENDER IS 15,248
ADJUDICATED A DELINQUENT CHILD FOR COMMITTING THE SEXUALLY 15,249
ORIENTED OFFENSE, AND THE ADJUDICATING JUDGE DETERMINES PURSUANT 15,250
TO DIVISION (B) OF SECTION 2950.09 OF THE REVISED CODE THAT THE 15,252
OFFENDER IS A SEXUAL PREDATOR.
(4) Prior to January 1, 1997, the offender was convicted 15,254
of or pleaded guilty to, and was sentenced for, a sexually 15,256
360
oriented offense, the offender is imprisoned in a state 15,257
correctional institution on or after January 1, 1997, and, prior 15,259
to the offender's release from imprisonment, the court determines 15,260
pursuant to division (C) of section 2950.09 of the Revised Code 15,261
that the offender is a sexual predator. 15,262
(4)(5) Regardless of when the sexually oriented offense 15,264
was committed, the offender is convicted of or pleads guilty to, 15,265
or has been convicted of or pleaded guilty to, OR IS ADJUDICATED 15,267
A DELINQUENT CHILD FOR COMMITTING a sexually oriented offense in 15,268
another state or in a federal court, military court, or an Indian 15,269
tribal court, as a result of that conviction or, plea of guilty, 15,270
OR ADJUDICATION, the offender OR DELINQUENT CHILD is required, 15,271
under the law of the jurisdiction in which the offender was 15,272
convicted or pleaded guilty OR THE DELINQUENT CHILD WAS 15,273
ADJUDICATED, to register as a sex offender until the offender's 15,274
OR DELINQUENT CHILD'S death and to verify the offender's OR 15,275
DELINQUENT CHILD'S address on at least a quarterly basis each 15,277
year, and, on or after July 1, 1997, the offender OR DELINQUENT
CHILD moves to and resides in this state or temporarily is 15,279
domiciled in this state for more than seven days, unless a court 15,280
of common pleas determines that the offender OR DELINQUENT CHILD 15,281
is not a sexual predator pursuant to division (F) of section 15,282
2950.09 of the Revised Code. 15,283
(H) "Sexually violent predator specification" and 15,285
"sexually violent offense" have the same meanings as in section 15,287
2971.01 of the Revised Code.
(I) "Post-release control sanction" and "transitional 15,289
control" have the same meanings as in section 2967.01 of the 15,290
Revised Code.
Sec. 2950.02. (A) The general assembly hereby determines 15,300
and declares that it recognizes and finds all of the following: 15,301
(1) If the public is provided adequate notice and 15,303
information about sexual predators, habitual sex offenders, and 15,304
certain other offenders, AND CERTAIN DELINQUENT CHILDREN who 15,305
361
commit sexually oriented offenses, members of the public and 15,307
communities can develop constructive plans to prepare themselves 15,308
and their children for the sexual predator's, habitual sex 15,309
offender's, or other offender's OR DELINQUENT CHILD'S release 15,311
from imprisonment, a prison term, or other confinement OR 15,312
DETENTION. This allows members of the public and communities to 15,313
meet with members of law enforcement agencies to prepare and 15,314
obtain information about the rights and responsibilities of the 15,315
public and the communities and to provide education and 15,316
counseling to their children.
(2) Sexual predators and habitual sex offenders pose a 15,319
high risk of engaging in further offenses even after being
released from imprisonment, a prison term, or other confinement 15,320
OR DETENTION, and that protection of members of the public from 15,322
sexual predators and habitual sex offenders is a paramount 15,323
governmental interest.
(3) The penal, JUVENILE, and mental health components of 15,325
the justice system of this state are largely hidden from public 15,327
view, and a lack of information from either ANY component may 15,328
result in the failure of both systems THE SYSTEM to satisfy this 15,330
paramount governmental interest of public safety described in
division (A)(2) of this section. 15,331
(4) Overly restrictive confidentiality and liability laws 15,333
governing the release of information about sexual predators and 15,334
habitual sex offenders have reduced the willingness to release 15,335
information that could be appropriately released under the public 15,336
disclosure laws and have increased risks of public safety. 15,337
(5) A person who is found to be a sexual predator or a 15,339
habitual sex offender has a reduced expectation of privacy 15,340
because of the public's interest in public safety and in the 15,341
effective operation of government. 15,342
(6) The release of information about sexual predators and 15,344
habitual sex offenders to public agencies and the general public 15,345
will further the governmental interests of public safety and 15,346
362
public scrutiny of the criminal, JUVENILE, and mental health 15,347
systems as long as the information released is rationally related 15,349
to the furtherance of those goals.
(B) The general assembly hereby declares that, in 15,352
providing in this chapter for registration regarding sexual 15,353
predators, habitual sex offenders, and offenders, AND DELINQUENT 15,354
CHILDREN who have committed sexually oriented offenses and for 15,355
community notification regarding sexual predators and habitual 15,357
sex offenders who are about to be or have been released from
imprisonment, a prison term, or other confinement OR DETENTION 15,358
and who will live in or near a particular neighborhood or who 15,361
otherwise will live in or near a particular neighborhood, it is 15,362
the general assembly's intent to protect the safety and general 15,363
welfare of the people of this state. The general assembly
further declares that it is the policy of this state to require 15,364
the exchange in accordance with this chapter of relevant 15,365
information about sexual predators and habitual sex offenders 15,366
among public agencies and officials and to authorize the release 15,367
in accordance with this chapter of necessary and relevant 15,368
information about sexual predators and habitual sex offenders to 15,369
members of the general public as a means of assuring public 15,370
protection and that the exchange or release of that information 15,371
is not punitive.
Sec. 2950.03. (A) Each person who has been convicted of, 15,380
is convicted of, has pleaded guilty to, or pleads guilty to, OR 15,381
IS ADJUDICATED A DELINQUENT CHILD FOR COMMITTING a sexually 15,382
oriented offense and who has a duty to register pursuant to 15,383
section 2950.04 of the Revised Code shall be provided notice in 15,384
accordance with this section of the offender's OR DELINQUENT 15,385
CHILD'S duty to register under that section, the offender's OR 15,387
DELINQUENT CHILD'S duty to provide notice of any change in the 15,388
offender's OR DELINQUENT CHILD'S residence address and to 15,389
register the new residence address pursuant to section 2950.05 of 15,390
the Revised Code, and the offender's OR DELINQUENT CHILD'S duty
363
to periodically verify the offender's OR DELINQUENT CHILD'S 15,392
residence address pursuant to section 2950.06 of the Revised 15,394
Code. The following official shall provide the notice to the 15,395
offender OR DELINQUENT CHILD at the following time:
(1) Regardless of when the offender committed the sexually 15,397
oriented offense, if the offender is sentenced for the sexually 15,398
oriented offense to a prison term, a term of imprisonment, or any 15,399
other type of confinement, and if, on or after January 1, 1997, 15,401
the offender is serving that term or is under that confinement, 15,402
the official in charge of the jail, workhouse, state correctional 15,404
institution, or other institution in which the offender serves
the prison term, term of imprisonment, or confinement, or a 15,405
designee of that official, shall provide the notice to the 15,406
offender at least ten days before the offender is released 15,407
pursuant to any type of supervised release or at least ten days 15,408
before the offender otherwise is released from the prison term, 15,409
term of imprisonment, or confinement.
(2) Regardless of when the offender committed the sexually 15,411
oriented offense, if the offender is sentenced for that offense 15,412
on or after January 1, 1997, and if division (A)(1) of this 15,414
section does not apply, the judge shall provide the notice to the 15,416
offender at the time of sentencing.
(3) If the offender committed the sexually oriented 15,418
offense prior to January 1, 1997, if neither division (A)(1) nor 15,421
division (A)(2) of this section applies, and if, immediately 15,422
prior to January 1, 1997, the offender was a habitual sex 15,424
offender who was required to register under Chapter 2950. of the 15,425
Revised Code, the chief of police or sheriff with whom the 15,426
offender most recently registered under that chapter, in the 15,427
circumstances described in this division, shall provide the 15,428
notice to the offender. If the offender has registered with a 15,429
chief of police or sheriff under Chapter 2950. of the Revised 15,430
Code as it existed prior to January 1, 1997, the chief of police 15,432
or sheriff with whom the offender must MOST recently registered 15,433
364
shall provide the notice to the offender as soon as possible 15,435
after January 1, 1997, as described in division (B)(1) of this 15,438
section. If the offender has not registered with a chief of 15,439
police or sheriff under that chapter, the failure to register 15,440
shall constitute a waiver by the offender of any right to notice 15,441
under this section. If an offender described in this division 15,442
does not receive notice under this section, the offender is not 15,443
relieved of the duty to register, the duty to provide notice of 15,444
any change in residence address and to register the new residence 15,445
address, and the duty to periodically verify the residence 15,446
address, as described in division (A) of this section. 15,448
(4) IF THE DELINQUENT CHILD COMMITTED THE SEXUALLY 15,450
ORIENTED OFFENSE ON OR AFTER THE EFFECTIVE DATE OF THIS 15,451
AMENDMENT, THE JUDGE SHALL PROVIDE THE NOTICE TO THE DELINQUENT 15,452
CHILD AT THE TIME OF THE ADJUDICATION.
(B)(1) The notice provided under division (A) of this 15,454
section shall inform the offender OR DELINQUENT CHILD of the 15,455
offender's duty to register under section 2950.04 of the Revised 15,457
Code, to notify the appropriate officials of a change in the 15,458
offender's OR DELINQUENT CHILD'S residence address and to 15,459
register the new residence address in accordance with section 15,460
2950.05 of the Revised Code, and to periodically verify a 15,461
residence address under section 2950.06 of the Revised Code. The 15,462
notice shall comport with the following: 15,463
(a) If the notice is provided under division (A)(3) of 15,465
this section, the notice shall be on a form that is prescribed by 15,466
the bureau of criminal identification and investigation and that 15,467
states the offender's duties to register, to register a new 15,468
residence address, and to periodically verify a residence address 15,469
and that, if the offender has any questions concerning these 15,470
duties, the offender may contact the chief of police or sheriff 15,471
who sent the form for an explanation of the duties. If the 15,472
offender appears in person before the chief of police or sheriff, 15,473
the chief or sheriff shall provide the notice as described in 15,474
365
division (B)(1)(a) of this section, and all provisions of this 15,476
section that apply regarding a notice provided by an official, 15,477
official's designee, or judge in that manner shall be applicable. 15,478
(b) If the notice is provided under division (A)(1) or (2) 15,480
of this section, the official, official's designee, or judge 15,482
shall require the offender to read and sign a form prescribed by
the bureau of criminal identification and investigation, stating 15,483
that the offender's duties to register, to register a new 15,484
residence address, and to periodically verify a residence address 15,485
have been explained to the offender. If the offender is unable 15,486
to read, the official, official's designee, or judge shall 15,487
certify on the form that the official, designee, or judge
specifically informed the offender of those duties and that the 15,489
offender indicated an understanding of those duties.
(c) IF THE NOTICE IS PROVIDED UNDER DIVISION (A)(4) OF 15,492
THIS SECTION, THE JUDGE SHALL REQUIRE THE DELINQUENT CHILD AND 15,493
THE DELINQUENT CHILD'S PARENT, GUARDIAN, OR CUSTODIAN TO READ AND 15,494
SIGN A FORM PRESCRIBED BY THE BUREAU OF CRIMINAL IDENTIFICATION 15,495
AND INVESTIGATION, STATING THAT THE DELINQUENT CHILD'S DUTIES TO 15,496
REGISTER, TO REGISTER A NEW RESIDENCE ADDRESS, AND TO 15,497
PERIODICALLY VERIFY A RESIDENCE ADDRESS HAVE BEEN EXPLAINED TO 15,498
THE DELINQUENT CHILD AND THE DELINQUENT CHILD'S PARENT, GUARDIAN, 15,499
OR CUSTODIAN. IF THE DELINQUENT CHILD OR THE DELINQUENT CHILD'S 15,500
PARENT, GUARDIAN, OR CUSTODIAN IS UNABLE TO READ, THE JUDGE SHALL 15,501
CERTIFY ON THE FORM THAT THE JUDGE SPECIFICALLY INFORMED THE 15,502
DELINQUENT CHILD OR THE DELINQUENT CHILD'S PARENT, GUARDIAN, OR
CUSTODIAN OF THOSE DUTIES AND THAT THE DELINQUENT CHILD OR THE 15,503
DELINQUENT CHILD'S PARENT, GUARDIAN, OR CUSTODIAN INDICATED AN 15,504
UNDERSTANDING OF THOSE DUTIES. 15,505
(d) For a notice provided under division (A)(1), (2), or 15,507
(3) of this section, the form used shall contain all of the 15,509
information required by the bureau of criminal identification and
investigation, including, but not limited to, a statement as to 15,511
whether the offender OR DELINQUENT CHILD has been adjudicated as 15,512
366
being a sexual predator relative to the sexually oriented offense 15,513
in question, a statement as to whether the offender OR DELINQUENT 15,514
CHILD has been determined to be a habitual sex offender, an 15,515
explanation of the periodic residence address verification 15,517
process and of the frequency with which the offender OR 15,518
DELINQUENT CHILD will be required to verify the residence address 15,520
under that process, and a statement that the offender OR
DELINQUENT CHILD must verify the residence address at the times 15,522
specified under that process or face criminal prosecution. 15,523
(2)(a) After an offender described in division (A)(1) or 15,525
(2) of this section has signed the form described in division 15,526
(B)(1) of this section or the official, official's designee, or 15,528
judge has certified on it THE FORM that it THE FORM has been 15,529
explained to the offender and that the offender indicated an 15,530
understanding of the duties indicated on it, the official, 15,531
official's designee, or judge shall give one copy of the form to 15,532
the offender, within three days shall send one copy of the form 15,533
to the bureau of criminal identification and investigation in
accordance with the procedures adopted pursuant to section 15,534
2950.13 of the Revised Code, and shall send one copy of the form 15,535
to the sheriff of the county in which the offender expects to 15,536
reside. After 15,537
(b) AFTER a chief of police or sheriff has sent a form to 15,539
an offender under division (A)(3) of this section, the chief or 15,541
sheriff shall send a copy of the form to the bureau of criminal 15,542
identification and investigation in accordance with the 15,543
procedures adopted pursuant to section 2950.13 of the Revised 15,544
Code.
(c) AFTER A DELINQUENT CHILD DESCRIBED IN DIVISION (A)(4) 15,547
OF THIS SECTION AND THE DELINQUENT CHILD'S PARENT, GUARDIAN, OR 15,548
CUSTODIAN HAVE SIGNED THE FORM DESCRIBED IN DIVISION (B)(1) OF 15,549
THIS SECTION OR THE JUDGE HAS CERTIFIED ON THE FORM THAT THE FORM 15,551
HAS BEEN EXPLAINED TO THE DELINQUENT CHILD OR THE DELINQUENT
CHILD'S PARENT, GUARDIAN, OR CUSTODIAN AND THAT THE DELINQUENT 15,552
367
CHILD OR THE DELINQUENT CHILD'S PARENT, GUARDIAN, OR CUSTODIAN 15,553
INDICATED AN UNDERSTANDING OF THE DUTIES INDICATED ON THE FORM, 15,554
THE JUDGE SHALL GIVE ONE COPY OF THE FORM TO THE DELINQUENT CHILD 15,555
AND TO THE DELINQUENT CHILD'S PARENT, GUARDIAN, OR CUSTODIAN, 15,556
WITHIN THREE DAYS SHALL SEND ONE COPY OF THE FORM TO THE BUREAU 15,557
OF CRIMINAL IDENTIFICATION AND INVESTIGATION IN ACCORDANCE WITH 15,558
THE PROCEDURES ADOPTED PURSUANT TO SECTION 2950.13 OF THE REVISED 15,560
CODE, AND SHALL SEND ONE COPY OF THE FORM TO THE SHERIFF OF THE 15,562
COUNTY IN WHICH THE DELINQUENT CHILD EXPECTS TO RESIDE. 15,563
(C) The official, official's designee, judge, chief of 15,566
police, or sheriff who is required to provide notice to an
offender OR DELINQUENT CHILD under division (A) of this section 15,567
shall do all of the following: 15,568
(1) If the notice is provided under division (A)(1) or, 15,570
(2), OR (4) of this section, the official, designee, or judge 15,572
shall determine the offender's OR DELINQUENT CHILD'S name, 15,573
identifying factors, and expected future residence address, shall 15,575
obtain the offender's OR DELINQUENT CHILD'S criminal AND
DELINQUENCY history, and shall obtain a photograph and the 15,578
fingerprints of the offender OR DELINQUENT CHILD. If the notice 15,579
is provided by a judge under division (A)(2) OR (4) of this 15,582
section, the sheriff shall provide the offender's OR DELINQUENT 15,583
CHILD'S criminal AND DELINQUENCY history to the judge. The 15,584
official, official's designee, or judge shall obtain this 15,585
information and these items prior to giving the notice, except 15,586
that a judge may give the notice prior to obtaining the 15,587
offender's OR DELINQUENT CHILD'S criminal AND DELINQUENCY 15,588
history. Within three days after receiving this information and 15,590
these items, the official, official's designee, or judge shall 15,591
forward the information and items to the bureau of criminal 15,592
identification and investigation in accordance with the 15,593
forwarding procedures adopted pursuant to section 2950.13 of the 15,595
Revised Code and to the sheriff of the county in which the 15,596
offender expects to reside. If it has not already done so, the
368
bureau of criminal identification and investigation shall forward 15,597
a copy of the fingerprints and conviction data received under 15,598
this division to the federal bureau of investigation. 15,599
(2) If the notice is provided under division (A)(3) of 15,601
this section, the chief of police or sheriff shall determine the 15,602
offender's name, identifying factors, and residence address, 15,603
shall obtain the offender's criminal history from the bureau of 15,604
criminal identification and investigation, and, to the extent 15,605
possible, shall obtain a photograph and the fingerprints of the 15,606
offender. Within three days after receiving this information and 15,607
these items, the chief or sheriff shall forward the information 15,608
and items to the bureau of criminal identification and 15,609
investigation in accordance with the forwarding procedures 15,610
adopted pursuant to section 2950.13 of the Revised Code and, in 15,611
relation to a chief of police, to the sheriff of the county in 15,612
which the offender resides. If it has not already done so, the 15,613
bureau of criminal identification and investigation shall forward 15,614
a copy of the fingerprints and conviction data so received to the 15,615
federal bureau of investigation. 15,616
Sec. 2950.04. (A)(1) Each offender who is convicted of or 15,626
pleads guilty to, or has been convicted of or pleaded guilty to, 15,627
a sexually oriented offense and who is described in division 15,628
(A)(1)(a), (2)(b), or (3)(c) of this section shall register with 15,630
the sheriff of the following applicable described county and at 15,631
the following time:
(1)(a) Regardless of when the sexually oriented offense 15,633
was committed, if the offender is sentenced for the sexually 15,635
oriented offense to a prison term, a term of imprisonment, or any 15,636
other type of confinement and if, on or after July 1, 1997, the 15,639
offender is released in any manner from the prison term, term of 15,640
imprisonment, or confinement, within seven days of the offender's 15,641
coming into any county in which the offender resides or 15,642
temporarily is domiciled for more than seven days, the offender
shall register with the sheriff of that county. 15,643
369
(2)(b) Regardless of when the sexually oriented offense 15,645
was committed, if the offender is sentenced for a sexually 15,647
oriented offense on or after July 1, 1997, and if division 15,649
(A)(1)(a) of this section does not apply, within seven days of 15,651
the offender's coming into any county in which the offender
resides or temporarily is domiciled for more than seven days, the 15,652
offender shall register with the sheriff of that county. 15,653
(3)(c) If the sexually oriented offense was committed 15,655
prior to July 1, 1997, if neither division (A)(1)(a) nor division 15,656
(A)(2)(1)(b) of this section applies, and if, immediately prior 15,659
to July 1, 1997, the offender was a habitual sex offender who was 15,661
required to register under Chapter 2950. of the Revised Code, 15,662
within seven days of the offender's coming into any county in 15,663
which the offender resides or temporarily is domiciled for more 15,664
than seven days, the offender shall register with the sheriff of 15,665
that county. 15,666
(2) EACH DELINQUENT CHILD WHO IS ADJUDICATED A DELINQUENT 15,668
CHILD FOR COMMITTING A SEXUALLY ORIENTED OFFENSE THAT WAS 15,670
COMMITTED ON OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT AND 15,671
WHO IS DESCRIBED IN DIVISION (A)(2)(a) OR (b) OF THIS SECTION 15,672
SHALL REGISTER AT THE FOLLOWING TIME AND WITH THE FOLLOWING 15,673
OFFICIAL:
(a) IF THE DELINQUENT CHILD IS COMMITTED TO THE CUSTODY OF 15,676
THE DEPARTMENT OF YOUTH SERVICES FOR COMMITTING THE SEXUALLY 15,677
ORIENTED OFFENSE, AND IF, ON OR AFTER THE EFFECTIVE DATE OF THIS 15,678
AMENDMENT, THE DELINQUENT CHILD IS DISCHARGED FROM THE CUSTODY OF 15,679
THE DEPARTMENT OF YOUTH SERVICES, WITHIN SEVEN DAYS OF THE 15,680
DELINQUENT CHILD'S COMING INTO ANY COUNTY IN WHICH THE DELINQUENT
CHILD RESIDES OR TEMPORARILY IS DOMICILED FOR MORE THAN SEVEN 15,681
DAYS, THE DELINQUENT CHILD SHALL REGISTER WITH THE SHERIFF OF 15,682
THAT COUNTY. 15,683
(b) IF DIVISION (A)(2)(a) OF THIS SECTION DOES NOT APPLY, 15,687
WITHIN SEVEN DAYS OF THE DELINQUENT CHILD'S COMING INTO ANY 15,688
COUNTY IN WHICH THE DELINQUENT CHILD RESIDES OR TEMPORARILY IS
370
DOMICILED FOR MORE THAN SEVEN DAYS, THE DELINQUENT CHILD SHALL 15,689
REGISTER WITH THE SHERIFF OF THAT COUNTY. 15,690
(4)(3) Regardless of when the sexually oriented offense 15,692
was committed, if divisions (A)(1), (2), and (3)(a), (A)(1)(b), 15,694
(A)(1)(c), (B)(1)(a), AND (B)(1)(b) of this section do not apply, 15,696
if the offender PERSON is convicted of or, pleads guilty to, OR 15,697
IS ADJUDICATED A DELINQUENT CHILD FOR COMMITTING a sexually 15,698
oriented offense in another state or in a federal court, military 15,700
court, or an Indian tribal court, if, on or after July 1, 1997,
the offender OR DELINQUENT CHILD moves to and resides in this 15,701
state or temporarily is domiciled in this state for more than 15,702
seven days, and if, at the time the offender OR DELINQUENT CHILD 15,703
moves to and resides in this state or temporarily is domiciled in 15,705
this state for more than seven days, the offender OR DELINQUENT 15,706
CHILD has a duty to register as a sex offender under the law of 15,707
that other jurisdiction as a result of the conviction or guilty 15,708
plea, within seven days of the offender's OR DELINQUENT CHILD'S 15,709
coming into any county in which the offender OR DELINQUENT CHILD 15,710
resides or temporarily is domiciled for more than seven days, the 15,711
offender OR DELINQUENT CHILD shall register with the sheriff of 15,713
that county.
(5)(4) Regardless of when the sexually oriented offense 15,715
was committed, if divisions (A)(1), (2), and (3)(a), (A)(1)(b), 15,718
(A)(1)(c), (A)(2)(a), AND (A)(2)(b) of this section do not apply, 15,720
if the offender PERSON is convicted of or, pleads guilty to, OR 15,722
IS ADJUDICATED A DELINQUENT CHILD FOR COMMITTING a sexually 15,723
oriented offense in another state or in a federal court, military 15,724
court, or an Indian tribal court, if, on or after July 1, 1997, 15,725
the offender OR DELINQUENT CHILD is released from imprisonment 15,726
or, confinement, OR DETENTION imposed for COMMITTING that 15,727
SEXUALLY ORIENTED offense, and if, on or after July 1, 1997, the 15,728
offender OR DELINQUENT CHILD moves to and resides in this state 15,729
or temporarily is domiciled in this state for more than seven 15,730
days, within seven days of the offender's OR DELINQUENT CHILD'S 15,731
371
coming into any county in which the offender OR DELINQUENT CHILD 15,732
resides or temporarily is domiciled for more than seven days, the 15,733
offender OR DELINQUENT CHILD shall register with the sheriff of 15,735
that county. The duty to register as described in this division
applies regardless of whether the offender OR DELINQUENT CHILD, 15,736
at the time of moving to and residing in this state or 15,738
temporarily being domiciled in this state for more than seven 15,739
days, has a duty to register as a sex offender under the law of
the jurisdiction in which the conviction or guilty plea occurred. 15,740
(B) An offender OR DELINQUENT CHILD who is required by 15,742
division (A) of this section to register personally shall obtain 15,744
from the sheriff or from a designee of the sheriff a registration 15,745
form that conforms to division (C) of this section, shall 15,746
complete and sign the form, and shall return the completed form 15,747
together with the offender's OR DELINQUENT CHILD'S photograph to 15,748
the sheriff or the designee. The sheriff or designee shall sign 15,750
the form and indicate on the form the date on which it is so
returned. The registration required under this division is 15,751
complete when the offender OR DELINQUENT CHILD returns the form, 15,752
containing the requisite information, photograph, signatures, and 15,754
date, to the sheriff or designee.
(C) The registration form to be used under divisions (A) 15,757
and (B) of this section shall contain the current residence 15,758
address of the offender OR DELINQUENT CHILD who is registering, 15,759
the name and address of the offender's OR DELINQUENT CHILD'S 15,760
employer, if the offender OR DELINQUENT CHILD is employed at the 15,761
time of registration or if the offender OR DELINQUENT CHILD knows 15,762
at the time of registration that the offender OR DELINQUENT CHILD 15,763
will be commencing employment with that employer subsequent to 15,764
registration, and any other information required by the bureau of 15,765
criminal identification and investigation and shall include the 15,766
offender's OR DELINQUENT CHILD'S photograph. Additionally, if 15,767
the offender OR DELINQUENT CHILD has been adjudicated as being a 15,768
sexual predator relative to the sexually oriented offense in 15,769
372
question and the court has not subsequently determined pursuant 15,770
to division (D) of section 2950.09 of the Revised Code that the 15,771
offender OR DELINQUENT CHILD no longer is a sexual predator or if 15,773
the sentencing judge determined pursuant to division (C) of
section 2950.09 of the Revised Code that the offender OR 15,774
DELINQUENT CHILD is a habitual sex offender, the offender OR 15,776
DELINQUENT CHILD shall include on the signed, written
registration form all of the following information: 15,777
(1) A specific declaration that the person has been 15,779
adjudicated as being a sexual predator or has been determined to 15,780
be a habitual sex offender, whichever is applicable; 15,781
(2) If the offender OR DELINQUENT CHILD has been 15,783
adjudicated as being a sexual predator, the identification 15,785
license plate number of each motor vehicle the offender OR 15,786
DELINQUENT CHILD owns and of each motor vehicle registered in the 15,787
offender's OR DELINQUENT CHILD'S name.
(D) After an offender OR DELINQUENT CHILD registers with a 15,789
sheriff pursuant to this section, the sheriff shall forward the 15,790
signed, written registration form and photograph to the bureau of 15,791
criminal identification and investigation in accordance with the 15,793
forwarding procedures adopted pursuant to section 2950.13 of the 15,794
Revised Code. The bureau shall include the information and 15,795
materials forwarded to it under this division in the state 15,796
registry of sex offenders established and maintained under 15,797
section 2950.13 of the Revised Code. 15,798
(E) No person who is required to register pursuant to 15,800
divisions (A) and (B) of this section shall fail to register as 15,802
required in accordance with those divisions or that division.
(F) An offender who is required to register pursuant to 15,804
divisions (A) and (B) of this section shall register pursuant to 15,805
this section for the period of time specified in section 2950.07 15,806
of the Revised Code. THE JUVENILE COURT MAY REQUIRE A DELINQUENT 15,807
CHILD WHO IS REQUIRED TO REGISTER PURSUANT TO DIVISIONS (A) AND 15,808
(B) OF THIS SECTION TO REGISTER FOR A DEFINITE PERIOD OF TIME 15,810
373
THAT DOES NOT EXCEED THE PERIOD OF TIME SPECIFIED IN SECTION 15,811
2950.07 OF THE REVISED CODE.
Sec. 2950.05. (A) If an offender OR DELINQUENT CHILD is 15,820
required to register pursuant to section 2950.04 of the Revised 15,822
Code, the offender OR DELINQUENT CHILD, at least seven days prior 15,824
to changing the offender's OR DELINQUENT CHILD'S residence 15,825
address during the period during which the offender OR DELINQUENT 15,827
CHILD is required to register, shall provide written notice of 15,829
the residence address change to the sheriff with whom the 15,830
offender OR DELINQUENT CHILD most recently registered under 15,831
section 2950.04 of the Revised Code or under division (B) of this 15,832
section.
(B) If an offender OR DELINQUENT CHILD is required to 15,834
provide notice of a residence address change under division (A) 15,836
of this section, the offender OR DELINQUENT CHILD, at least seven
days prior to changing the residence address, also shall register 15,838
the new residence address in the manner described in divisions 15,839
(B) and (C) of section 2950.04 of the Revised Code with the 15,841
sheriff of the county in which the offender's OR DELINQUENT 15,842
CHILD'S new residence address is located, subject to division (C) 15,843
of this section.
(C) Divisions (A) and (B) of this section apply to a 15,846
person who is required to register pursuant to section 2950.04 of 15,847
the Revised Code regardless of whether the new residence address 15,848
is in this state or in another state. If the new residence
address is in another state, the person shall register with the 15,849
appropriate law enforcement officials in that state in the manner 15,850
required under the law of that state and within the earlier of 15,851
the period of time required under the law of that state or at 15,852
least seven days prior to changing the residence address.
(D)(1) Upon receiving from an offender OR DELINQUENT CHILD 15,854
pursuant to division (A) of this section notice of a change of 15,856
the offender's OR DELINQUENT CHILD'S residence address, a sheriff 15,857
promptly shall forward the new residence address to the bureau of 15,859
374
criminal identification and investigation in accordance with the 15,860
forwarding procedures adopted pursuant to section 2950.13 of the 15,861
Revised Code if the new residence address is in another state or, 15,862
if the offender's OR DELINQUENT CHILD'S new residence address is 15,864
located in another county in this state, to the sheriff of that 15,865
county. The bureau shall include all information forwarded to it 15,866
under this division in the state registry of sex offenders 15,867
established and maintained under section 2950.13 of the Revised 15,868
Code and shall forward notice of the offender's OR DELINQUENT 15,869
CHILD'S new residence address to the appropriate officials in the 15,870
other state.
(2) When an offender OR DELINQUENT CHILD registers a new 15,872
residence address pursuant to division (B) of this section, the 15,874
sheriff with whom the offender OR DELINQUENT CHILD registers and 15,875
the bureau of criminal identification and investigation shall 15,876
comply with division (D) of section 2950.04 of the Revised Code. 15,877
(E)(1) No person who is required to notify a sheriff of a 15,879
change of address pursuant to division (A) of this section shall 15,880
fail to notify the appropriate sheriff in accordance with that 15,881
division. 15,882
(2) No person who is required to register a new residence 15,884
address with a sheriff or with an official of another state 15,885
pursuant to divisions (B) and (C) of this section shall fail to 15,886
register with the appropriate sheriff or official of the other 15,887
state in accordance with those divisions. 15,888
(F) An offender OR DELINQUENT CHILD who is required to 15,890
comply with divisions (A), (B), and (C) of this section shall do 15,892
so for the period of time specified in section 2950.07 of the
Revised Code.
Sec. 2950.06. (A) An offender OR DELINQUENT CHILD who is 15,901
required to register pursuant to section 2950.04 of the Revised 15,903
Code shall periodically verify the offender's OR DELINQUENT
CHILD'S current residence address in accordance with this 15,904
section. The frequency of verification shall be determined in 15,906
375
accordance with division (B) of this section, and the manner of 15,907
verification shall be determined in accordance with division (C) 15,909
of this section.
(B) The frequency with which an offender OR DELINQUENT 15,911
CHILD must verify the offender's OR DELINQUENT CHILD'S current 15,912
residence address pursuant to division (A) of this section shall 15,914
be determined as follows:
(1) Regardless of when the sexually oriented offense for 15,916
which the offender OR DELINQUENT CHILD is required to register 15,918
was committed, if the offender OR DELINQUENT CHILD has been 15,919
adjudicated as being a sexual predator relative to the sexually 15,920
oriented offense and if the court has not subsequently entered a 15,921
determination pursuant to division (D) of section 2950.09 of the 15,922
Revised Code that the offender OR DELINQUENT CHILD no longer is a 15,923
sexual predator, the offender OR DELINQUENT CHILD shall verify 15,924
the offender's OR DELINQUENT CHILD'S current residence address in 15,925
accordance with division (C) of this section every ninety days 15,926
after the offender's OR DELINQUENT CHILD'S initial registration
date during the period the offender OR DELINQUENT CHILD is 15,927
required to register. 15,928
(2) In all circumstances not described in division (B)(1) 15,931
of this section, the offender OR DELINQUENT CHILD shall verify
the offender's OR DELINQUENT CHILD'S current residence address in 15,932
accordance with division (C) of this section on each anniversary 15,933
of the offender's OR DELINQUENT CHILD'S initial registration date 15,934
during the period the offender OR DELINQUENT CHILD is required to 15,935
register.
(C)(1) An offender OR DELINQUENT CHILD who is required to 15,937
verify the offender's OR DELINQUENT CHILD'S current residence 15,938
address pursuant to division (A) of this section shall verify the 15,939
address with the sheriff with whom the offender OR DELINQUENT 15,940
CHILD most recently registered by personally appearing before the 15,941
sheriff or a designee of the sheriff, no earlier than ten days 15,943
before the date on which the verification is required pursuant to 15,944
376
division (B) of this section and no later than the date so 15,945
required for verification, and completing and signing a copy of 15,946
the verification form prescribed by the bureau of criminal
identification and investigation. The sheriff or designee shall 15,948
sign the completed form and indicate on the form the date on
which it is so completed. The verification required under this 15,950
division is complete when the offender OR DELINQUENT CHILD 15,951
personally appears before the sheriff or designee and completes 15,953
and signs the form as described in this division. 15,954
(2) To facilitate the verification of an offender's OR 15,956
DELINQUENT CHILD'S current residence address under division 15,957
(C)(1) of this section, the sheriff with whom the offender OR 15,959
DELINQUENT CHILD most recently registered may mail a 15,961
nonforwardable verification form prescribed by the bureau of
criminal identification and investigation to the offender's OR 15,962
DELINQUENT CHILD'S last reported address, with a notice that 15,963
conspicuously states that the offender OR DELINQUENT CHILD must 15,965
personally appear before the sheriff or a designee of the sheriff 15,966
to complete the form and the date by which the form must be so 15,967
completed. Regardless of whether a sheriff mails a form to an 15,968
offender OR DELINQUENT CHILD, each offender OR DELINQUENT CHILD 15,969
who is required to verify the offender's OR DELINQUENT CHILD'S 15,970
current residence address pursuant to division (A) of this 15,972
section shall personally appear before the sheriff or a designee 15,973
of the sheriff to verify the address in accordance with division 15,974
(C)(1) of this section. 15,975
(D) The verification form to be used under division (C) of 15,978
this section shall contain the current residence address of the 15,979
offender OR DELINQUENT CHILD, the name and address of the 15,980
offender's OR DELINQUENT CHILD'S employer if the offender OR 15,981
DELINQUENT CHILD is employed at the time of verification or if 15,982
the offender OR DELINQUENT CHILD knows at the time of 15,983
verification that the offender OR DELINQUENT CHILD will be
commencing employment with that employer subsequent to 15,984
377
verification, and any other information required by the bureau of 15,985
criminal identification and investigation. 15,986
(E) Upon an offender's OR DELINQUENT CHILD'S personal 15,988
appearance and completion of a verification form under division 15,990
(C) of this section, a sheriff promptly shall forward a copy of 15,991
the verification form to the bureau of criminal identification 15,992
and investigation in accordance with the forwarding procedures 15,993
adopted by the attorney general pursuant to section 2950.13 of 15,994
the Revised Code. The bureau shall include all information
forwarded to it under this division in the state registry of sex 15,995
offenders established and maintained under section 2950.13 of the 15,996
Revised Code.
(F) No person who is required to verify a current 15,999
residence address pursuant to divisions (A) to (C) of this 16,000
section shall fail to verify a current residence address in
accordance with those divisions by the date required for the 16,002
verification as set forth in division (B) of this section, 16,003
provided that no person shall be prosecuted for a violation of 16,004
this division prior to the expiration of the period of time 16,005
specified in division (G) of this section. 16,006
(G)(1) If an offender OR DELINQUENT CHILD fails to verify 16,008
a current residence address as required by divisions (A) to (C) 16,010
of this section by the date required for the verification as set 16,011
forth in division (B) of this section, the sheriff with whom the 16,013
offender OR DELINQUENT CHILD is required to verify the current 16,015
residence address, on the day following that date required for 16,016
the verification, shall send a written warning to the offender OR 16,017
DELINQUENT CHILD, at the offender's OR DELINQUENT CHILD'S last 16,018
known residence address, regarding the offender's OR DELINQUENT 16,019
CHILD'S duty to verify the offender's OR DELINQUENT CHILD'S 16,020
current residence address. The written warning shall identify 16,021
the sheriff who sends it and the date on which it is sent and 16,022
shall state conspicuously that the offender OR DELINQUENT CHILD 16,023
has failed to verify the offender's OR DELINQUENT CHILD'S current 16,025
378
residence address by the date required for the verification, that 16,027
the offender OR DELINQUENT CHILD has seven days from the date on 16,029
which the warning is sent to verify the current residence address 16,030
with the sheriff who sent the warning, that a failure to timely 16,031
verify the current residence address is a felony offense, that, 16,032
if the offender OR DELINQUENT CHILD verifies the current
residence address with that sheriff within that seven-day-period, 16,034
the offender OR DELINQUENT CHILD will not be prosecuted for a 16,035
failure to timely verify a current residence address, and that, 16,036
if the offender OR DELINQUENT CHILD does not verify the current 16,038
residence address with that sheriff within that seven-day-period, 16,039
the offender OR DELINQUENT CHILD will be arrested and prosecuted 16,040
for a failure to timely verify a current residence address. 16,041
(2) If an offender OR DELINQUENT CHILD fails to verify a 16,043
current residence address as required by divisions (A) to (C) of 16,046
this section by the date required for the verification as set 16,047
forth in division (B) of this section, the offender OR DELINQUENT 16,049
CHILD shall not be prosecuted for a violation of division (F) of 16,051
this section unless the seven-day-period subsequent to that date 16,052
that the offender OR DELINQUENT CHILD is provided under division 16,053
(G)(1) of this section to verify the current residence address 16,054
has expired and the offender OR DELINQUENT CHILD, prior to the 16,055
expiration of that seven-day-period, has not verified the current 16,057
residence address. Upon the expiration of the seven-day-period 16,058
that the offender OR DELINQUENT CHILD is provided under division 16,059
(G)(1) of this section to verify the current residence address 16,061
has expired, if the offender OR DELINQUENT CHILD has not verified 16,062
the current residence, all of the following apply: 16,064
(a) The sheriff with whom the offender OR DELINQUENT CHILD 16,066
is required to verify the current residence address promptly 16,068
shall notify the bureau of criminal identification and 16,069
investigation of the failure.
(b) The sheriff with whom the offender OR DELINQUENT CHILD 16,071
is required to verify the current residence address, the sheriff 16,073
379
of the county in which the offender OR DELINQUENT CHILD resides, 16,074
or a deputy of the appropriate sheriff, shall locate the offender 16,075
OR DELINQUENT CHILD, promptly shall seek a warrant for the arrest 16,077
of the offender OR DELINQUENT CHILD for the violation of division 16,078
(F) of this section and shall arrest the offender OR DELINQUENT 16,079
CHILD.
(c) The offender OR DELINQUENT CHILD is subject to 16,081
prosecution for the violation of division (F) of this section. 16,083
(H) A person who is required to verify the person's 16,085
current residence address pursuant to divisions (A) to (C) of 16,087
this section shall do so for the period of time specified in
section 2950.07 of the Revised Code. 16,088
Sec. 2950.07. (A) The duty of an offender who is 16,097
convicted of or pleads guilty to, or has been convicted of or 16,098
pleaded guilty to, a sexually oriented offense, AND THE DUTY OF A 16,099
DELINQUENT CHILD WHO IS ADJUDICATED A DELINQUENT CHILD FOR 16,100
COMMITTING A SEXUALLY ORIENTED OFFENSE, to comply with sections 16,101
2950.04, 2950.05, and 2950.06 of the Revised Code commences on 16,102
whichever of the following dates is applicable: 16,103
(1) If the offender's duty to register is imposed pursuant 16,106
to division (A)(1)(a) of section 2950.04 of the Revised Code, the 16,107
offender's duty to comply with those sections commences on the 16,109
date of the offender's release from a prison term, a term of 16,110
imprisonment, or any other type of confinement or on July 1, 16,111
1997, whichever is later. 16,113
(2) If the offender's duty to register is imposed pursuant 16,115
to division (A)(2)(1)(b) of section 2950.04 of the Revised Code, 16,116
the offender's duty to comply with those sections commences on 16,118
the date of entry of the judgment of conviction of the sexually 16,119
oriented offense or on July 1, 1997, whichever is later. 16,122
(3) If the offender's duty to register is imposed pursuant 16,125
to division (A)(3)(1)(c) of section 2950.04 of the Revised Code, 16,126
the offender's duty to comply with those sections commences 16,127
fourteen days after July 1, 1997. 16,128
380
(4) If the offender's duty to register is imposed pursuant 16,130
to division (A)(3) OR (4) or (5) of section 2950.04 of the 16,132
Revised Code, the offender's duty to comply with those sections 16,134
commences on the effective date of this amendment MARCH 30, 1999, 16,135
or on the date that the offender begins to reside or becomes 16,136
temporarily domiciled in this state, whichever is later. 16,137
(5) IF THE DELINQUENT CHILD'S DUTY TO REGISTER IS IMPOSED 16,139
PURSUANT TO DIVISION (A)(2)(a) OF SECTION 2950.04 OF THE REVISED 16,141
CODE, THE DELINQUENT CHILD'S DUTY TO COMPLY WITH THOSE SECTIONS 16,143
COMMENCES ON THE DATE OF THE DELINQUENT CHILD'S DISCHARGE FROM 16,144
THE CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES. 16,145
(6) IF THE DELINQUENT CHILD'S DUTY TO REGISTER IS IMPOSED 16,147
PURSUANT TO DIVISION (A)(2)(b) OF SECTION 2950.04 OF THE REVISED 16,149
CODE, THE DELINQUENT CHILD'S DUTY TO COMPLY WITH THOSE SECTIONS 16,151
COMMENCES ON THE DATE OF ENTRY OF THE ORDER OF DISPOSITION FOR 16,152
COMMITTING THE SEXUALLY ORIENTED OFFENSE. 16,153
(7) IF THE DELINQUENT CHILD'S DUTY TO REGISTER IS IMPOSED 16,155
PURSUANT TO DIVISION (A)(3) OR (4) OF SECTION 2950.04 OF THE 16,156
REVISED CODE, THE DELINQUENT CHILD'S DUTY TO COMPLY WITH THOSE 16,158
SECTIONS COMMENCES ON THE EFFECTIVE DATE OF THIS AMENDMENT OR ON 16,159
THE DATE THE DELINQUENT CHILD BEGINS TO RESIDE OR BECOMES 16,160
TEMPORARILY DOMICILED IN THIS STATE, WHICHEVER IS LATER. 16,161
(B) The duty of an offender who is convicted of or pleads 16,163
guilty to, or has been convicted of or pleads guilty to, OR A 16,164
DELINQUENT CHILD WHO IS ADJUDICATED A DELINQUENT CHILD FOR 16,165
COMMITTING, a sexually oriented offense to comply with sections 16,166
2950.04, 2950.05, and 2950.06 of the Revised Code continues, 16,168
after the date of commencement, for whichever of the following 16,169
periods is applicable:
(1) Except as otherwise provided in this division, if the 16,171
offender has been adjudicated as being a sexual predator relative 16,173
to the sexually oriented offense, the offender's duty to comply 16,174
with those sections continues until the offender's death. If the 16,175
judge who sentenced the offender or that judge's successor in 16,176
381
office subsequently enters a determination pursuant to division
(D) of section 2950.09 of the Revised Code that the offender no 16,178
longer is a sexual predator, the offender's duty to comply with 16,179
those sections continues for the period of time that otherwise 16,180
would have been applicable to the offender under division (B)(2) 16,181
or (3) of this section.
(2) If the judge who sentenced the offender for the 16,183
sexually oriented offense determined pursuant to division (E) of 16,184
section 2950.09 of the Revised Code that the offender is a 16,185
habitual sex offender, the offender's duty to comply with those 16,186
sections continues for twenty years.
(3) If neither division (B)(1) nor (B)(2) of this section 16,188
applies, the offender's duty to comply with those sections 16,189
continues for ten years.
(4) A DELINQUENT CHILD'S DUTY TO COMPLY WITH THOSE 16,191
SECTIONS CONTINUES FOR A DEFINITE PERIOD DETERMINED BY THE 16,192
JUVENILE COURT THAT SHALL NOT EXCEED THE REGISTRATION PERIOD 16,193
PROVIDED IN DIVISION (B)(1), (2), OR (3) OF THIS SECTION THAT 16,194
WOULD HAVE APPLIED HAD THE CHILD BEEN CONVICTED OF OR PLEADED 16,195
GUILTY TO THE SEXUALLY ORIENTED OFFENSE. THE JUVENILE COURT
SHALL DETERMINE THE APPROPRIATE DEFINITE PERIOD AND SHALL INFORM 16,196
THE DELINQUENT CHILD OF THE REGISTRATION PERIOD AT THE 16,197
DISPOSITIONAL HEARING.
(C) If an offender has been convicted of or pleaded guilty 16,200
to, OR A DELINQUENT CHILD HAS BEEN ADJUDICATED A DELINQUENT CHILD 16,201
FOR COMMITTING, a sexually oriented offense and if the offender 16,202
subsequently is convicted of or pleads guilty to, OR THE 16,203
DELINQUENT CHILD SUBSEQUENTLY IS ADJUDICATED A DELINQUENT CHILD
FOR, IS CONVICTED OF, OR PLEADS GUILTY TO, another sexually 16,204
oriented offense, the period of time for which the offender must 16,205
comply with the sections specified in division (A) of this 16,206
section shall be separately calculated pursuant to divisions 16,207
(A)(1), (2), and (3), (4), (5), (6), AND (7) of this section for 16,209
each of the sexually oriented offenses, and the separately 16,210
382
calculated periods of time shall be complied with independently. 16,211
(D) The duty of an offender OR DELINQUENT CHILD to 16,213
register under this chapter is tolled for any period during which 16,215
the offender OR DELINQUENT CHILD is returned to confinement OR 16,216
CUSTODY for any reason or imprisoned OR DETAINED for an offense 16,217
OR DELINQUENT ACT when the confinement or, CUSTODY, imprisonment, 16,218
OR DETENTION occurs subsequent to the date determined pursuant to 16,220
division (A) of this section. The offender's OR DELINQUENT 16,221
CHILD'S duty to register under this chapter resumes upon the 16,222
offender's OR DELINQUENT CHILD'S release from confinement or, 16,223
CUSTODY, imprisonment, OR DETENTION. 16,224
(E) An offender OR DELINQUENT CHILD who has been convicted 16,226
of or pleaded guilty to, OR HAS BEEN OR IS ADJUDICATED A 16,227
DELINQUENT CHILD FOR COMMITTING, a sexually oriented offense in 16,228
another state or in a federal court, military court, or an Indian 16,230
tribal court may apply to the sheriff of the county in which the 16,231
offender OR DELINQUENT CHILD resides or temporarily is domiciled 16,232
for credit against the duty to register for the time that the 16,233
offender OR DELINQUENT CHILD has complied with the sex offender 16,236
registration requirements of another jurisdiction. The sheriff
shall grant the offender OR DELINQUENT CHILD credit against the 16,237
duty to register for time for which the offender OR DELINQUENT 16,239
CHILD provides adequate proof that the offender OR DELINQUENT 16,240
CHILD has complied with the sex offender registration 16,241
requirements of another jurisdiction. If the offender OR 16,242
DELINQUENT CHILD disagrees with the determination of the sheriff,
the offender OR DELINQUENT CHILD may appeal the determination to 16,244
the court of common pleas of the county in which the offender OR 16,245
DELINQUENT CHILD resides or is temporarily domiciled.
Sec. 2950.08. The statements, information, photographs, 16,254
and fingerprints required by sections 2950.04, 2950.05, and 16,256
2950.06 of the Revised Code and provided by a person who 16,257
registers, who provides notice of a change of residence address 16,258
and registers the new residence address, or who provides
383
verification of a current residence address pursuant to those 16,259
sections and that are in the possession of the bureau of criminal 16,260
identification and investigation and the information in the 16,261
possession of the bureau that was received by the bureau pursuant 16,262
to section 2950.14 of the Revised Code shall not be open to 16,263
inspection by the public or by any person other than the 16,264
following persons:
(A) A regularly employed peace officer or other law 16,266
enforcement officer; 16,267
(B) An authorized employee of the bureau of criminal 16,269
identification and investigation for the purpose of providing 16,270
information to a board, administrator, or person pursuant to 16,271
division (F) or (G) of section 109.57 of the Revised Code; 16,272
(C) THE SUPERINTENDENT OF EACH BOARD OF EDUCATION OF A 16,274
SCHOOL DISTRICT OR THE APPOINTING OR HIRING OFFICER OF EACH 16,275
CHARTERED NONPUBLIC SCHOOL IN WHICH A CHILD WHO HAS BEEN 16,276
ADJUDICATED A DELINQUENT CHILD FOR A SEXUALLY ORIENTED OFFENSE IS 16,277
ENROLLED. 16,278
Sec. 2950.09. (A) If a person is convicted of or pleads 16,287
guilty to committing, on or after January 1, 1997, a sexually 16,290
oriented offense that is a sexually violent offense and also is 16,291
convicted of or pleads guilty to a sexually violent predator 16,292
specification that was included in the indictment, count in the 16,293
indictment, or information charging the sexually violent offense, 16,294
the conviction of or plea of guilty to the specification 16,295
automatically classifies the offender as a sexual predator for 16,296
purposes of this chapter. If a person is convicted of or, pleads 16,297
guilty to, OR IS ADJUDICATED A DELINQUENT CHILD FOR COMMITTING, a 16,298
sexually oriented offense in another state, or in a federal 16,299
court, military court, or an Indian tribal court and if, as a 16,300
result of that conviction or, plea of guilty, OR ADJUDICATION, 16,301
the person is required, under the law of the jurisdiction in 16,302
which the person was convicted or, pleaded guilty, OR 16,304
ADJUDICATED, to register as a sex offender until the person's 16,306
384
death and is required to verify the person's address on at least
a quarterly basis each year, that conviction or, plea of guilty, 16,308
OR ADJUDICATION automatically classifies the offender PERSON as a 16,309
sexual predator for the purposes of this chapter, but the 16,311
offender PERSON may challenge that classification pursuant to 16,312
division (F) of this section. In all other cases, a person who 16,314
is convicted of or pleads guilty to, or has been convicted of or 16,315
pleaded guilty to, OR A PERSON WHO IS ADJUDICATED A DELINQUENT 16,316
CHILD FOR COMMITTING, a sexually oriented offense may be 16,317
classified as a sexual predator for purposes of this chapter only 16,318
in accordance with division (B) or (C) of this section. 16,319
(B)(1) THE JUDGE WHO IS TO IMPOSE SENTENCE ON A PERSON FOR 16,321
COMMITTING A SEXUALLY ORIENTED OFFENSE OR WHO IS TO ADJUDICATE A 16,322
PERSON A DELINQUENT CHILD FOR COMMITTING A SEXUALLY ORIENTED 16,323
OFFENSE SHALL CONDUCT A HEARING TO DETERMINE WHETHER THE OFFENDER 16,325
IS A SEXUAL PREDATOR IF ANY OF THE FOLLOWING CIRCUMSTANCES APPLY: 16,326
(a) Regardless of when the sexually oriented offense was 16,329
committed, if a THE person is to be sentenced on or after the 16,331
effective date of this section JANUARY 1, 1997, for a sexually 16,333
oriented offense that is not a sexually violent offense, or if a. 16,334
(b) REGARDLESS OF WHEN THE SEXUALLY ORIENTED OFFENSE WAS 16,336
COMMITTED, THE person is to be sentenced on or after January 1, 16,337
1997, for a sexually oriented offense that is a sexually violent 16,338
offense, and a sexually violent predator specification was not 16,340
included in the indictment, count in the indictment, or 16,341
information charging the sexually violent offense, the judge who 16,342
is to impose sentence upon the offender shall conduct a hearing 16,343
to determine whether the offender is a sexual predator. The
judge. 16,344
(c) THE PERSON COMMITTED AND WAS ADJUDICATED A DELINQUENT 16,346
CHILD FOR COMMITTING A SEXUALLY ORIENTED OFFENSE ON OR AFTER THE 16,347
EFFECTIVE DATE OF THIS AMENDMENT. 16,348
(2) THE COURT shall conduct the hearing AUTHORIZED UNDER 16,350
DIVISION (B)(1) OF THIS SECTION prior to sentencing and, if OR 16,351
385
MAKING AN ORDER OF DISPOSITION. IF the sexually oriented offense 16,352
is a felony, AND IF THE PERSON IS NOT ADJUDICATED IN A JUVENILE 16,353
PROCEEDING, THE COURT may conduct it as part of the sentencing 16,355
hearing required by section 2929.19 of the Revised Code. The 16,356
court shall give the offender OR DELINQUENT CHILD and the 16,357
prosecutor who prosecuted the offender OR DELINQUENT CHILD for 16,358
the sexually oriented offense notice of the date, time, and 16,360
location of the hearing. At the hearing, the offender OR
DELINQUENT CHILD and the prosecutor shall have an opportunity to 16,363
testify, present evidence, call and examine witnesses and expert 16,365
witnesses, and cross-examine witnesses and expert witnesses
regarding the determination as to whether the offender OR 16,366
DELINQUENT CHILD is a sexual predator. The offender OR 16,368
DELINQUENT CHILD shall have the right to be represented by 16,369
counsel and, if indigent, the right to have counsel appointed to 16,370
represent the offender OR DELINQUENT CHILD. 16,371
(2)(3) In making a determination under divisions (B)(1) 16,373
and (3) (4) of this section as to whether an offender OR 16,374
DELINQUENT CHILD is a sexual predator, the judge COURT shall 16,376
consider all relevant factors, including, but not limited to, all
of the following: 16,377
(a) The offender's OR DELINQUENT CHILD'S age; 16,379
(b) The offender's OR DELINQUENT CHILD'S prior criminal OR 16,381
DELINQUENCY record regarding all offenses, including, but not 16,383
limited to, all sexual offenses;
(c) The age of the victim of the sexually oriented offense 16,385
for which sentence is to be imposed OR THE ORDER OF DISPOSITION 16,386
IS TO BE MADE; 16,387
(d) Whether the sexually oriented offense for which 16,389
sentence is to be imposed OR THE ORDER OF DISPOSITION IS TO BE 16,390
MADE involved multiple victims; 16,391
(e) Whether the offender OR DELINQUENT CHILD used drugs or 16,393
alcohol to impair the victim of the sexually oriented offense or 16,395
to prevent the victim from resisting; 16,396
386
(f) If the offender OR DELINQUENT CHILD previously has 16,398
been convicted of or, pleaded guilty to any, OR BEEN ADJUDICATED 16,400
A DELINQUENT CHILD FOR COMMITTING AN ACT THAT IF COMMITTED BY AN
ADULT WOULD BE, A criminal offense, whether the offender OR 16,401
DELIQUENT CHILD completed any sentence OR DISPOSITIONAL ORDER 16,402
imposed for the prior offense OR ACT and, if the prior offense OR 16,403
ACT was a sex offense or a sexually oriented offense, whether the 16,404
offender OR DELINQUENT CHILD participated in available programs 16,406
for sexual offenders;
(g) Any mental illness or mental disability of the 16,408
offender OR DELINQUENT CHILD; 16,409
(h) The nature of the offender's OR DELINQUENT CHILD'S 16,411
sexual conduct, sexual contact, or interaction in a sexual 16,412
context with the victim of the sexually oriented offense and 16,413
whether the sexual conduct, sexual contact, or interaction in a 16,414
sexual context was part of a demonstrated pattern of abuse; 16,415
(i) Whether the offender OR DELINQUENT CHILD, during the 16,417
commission of the sexually oriented offense for which sentence is 16,418
to be imposed OR THE ORDER OF DISPOSITION IS TO BE MADE, 16,419
displayed cruelty or made one or more threats of cruelty; 16,420
(j) Any additional behavioral characteristics that 16,422
contribute to the offender's OR DELINQUENT CHILD'S conduct. 16,423
(3)(4) After reviewing all testimony and evidence 16,425
presented at the hearing conducted under division (B)(1) of this 16,426
section and the factors specified in division (B)(2)(3) of this 16,428
section, the judge COURT shall determine by clear and convincing 16,429
evidence whether the offender OR DELINQUENT CHILD is a sexual 16,431
predator. If the judge COURT determines that the offender OR 16,433
DELINQUENT CHILD is not a sexual predator, the judge COURT shall 16,434
specify in the offender's OR DELINQUENT CHILD'S sentence and the 16,435
judgment of conviction that contains the sentence OR THE 16,437
DELINQUENT CHILD'S DISPOSITIONAL ORDER, AS APPROPRIATE, that the 16,438
judge COURT has determined that the offender OR DELINQUENT CHILD 16,439
is not a sexual predator. If the judge COURT determines by clear 16,440
387
and convincing evidence that the offender OR DELINQUENT CHILD is 16,442
a sexual predator, the judge COURT shall specify in the 16,444
offender's OR DELINQUENT CHILD'S sentence and the judgment of 16,445
conviction that contains the sentence OR THE DELINQUENT CHILD'S
DISPOSITIONAL ORDER, AS APPROPRIATE, that the judge COURT has 16,447
determined that the offender OR DELINQUENT CHILD is a sexual 16,448
predator and shall specify that the determination was pursuant to 16,449
division (B) of this section. The offender OR DELINQUENT CHILD 16,450
and the prosecutor who prosecuted the offender OR DELINQUENT 16,452
CHILD for the sexually oriented offense in question may appeal as 16,453
a matter of right the judge's COURT'S determination under this 16,454
division as to whether the offender OR DELINQUENT CHILD is, or is 16,456
not, a sexual predator. 16,457
(4)(5) A hearing shall not be conducted under division (B) 16,460
of this section regarding an offender OR DELINQUENT CHILD if the
sexually oriented offense in question is a sexually violent 16,462
offense and the indictment, count in the indictment, or 16,463
information charging the offense also included a sexually violent 16,464
predator specification.
(C)(1) If a person was convicted of or pleaded guilty to a 16,466
sexually oriented offense prior to January 1, 1997, if the person 16,468
was not sentenced for the offense on or after January 1, 1997, 16,470
and if, on or after January 1, 1997, the offender is serving a 16,472
term of imprisonment in a state correctional institution, prior 16,473
to the offender's release from the term of imprisonment, the 16,474
department of rehabilitation and correction shall determine 16,475
whether to recommend that the offender be adjudicated as being a 16,476
sexual predator. In making a determination under this division 16,477
as to whether to recommend that the offender be adjudicated as 16,478
being a sexual predator, the department shall consider all 16,479
relevant factors, including, but not limited to, all of the 16,480
factors specified in division (B)(2) of this section. If the 16,481
department determines that it will recommend that the offender be 16,483
adjudicated as being a sexual predator, it immediately shall send 16,484
388
the recommendation to the court that sentenced the offender and 16,485
shall enter its determination and recommendation in the 16,486
offender's institutional record, and the court shall proceed in 16,487
accordance with division (C)(2) of this section. 16,488
(2)(a) If, pursuant to division (C)(1) of this section, 16,490
the department of rehabilitation and correction sends to a court 16,492
a recommendation that an offender who has been convicted of or 16,493
pleaded guilty to a sexually oriented offense be adjudicated as 16,494
being a sexual predator, the court is not bound by the 16,495
department's recommendation and the court may conduct a hearing 16,496
to determine whether the offender is a sexual predator. The 16,497
court may deny the recommendation and determine that the offender 16,498
is not a sexual predator without a hearing but shall not make a 16,499
determination that the offender is a sexual predator in any case 16,500
without a hearing. If the court determines without a hearing 16,501
that the offender is not a sexual predator, it shall include its 16,502
determination in the offender's institutional record and shall 16,504
determine whether the offender previously has been convicted of 16,505
or pleaded guilty to a sexually oriented offense other than the 16,506
offense in relation to which the court determined that the 16,507
offender is not a sexual predator.
The court may make the determination as to whether the 16,509
offender previously has been convicted of or pleaded guilty to a 16,510
sexually oriented offense without a hearing, but, if the court 16,511
determines that the offender previously has been convicted of or 16,512
pleaded guilty to such an offense, it shall not impose a 16,513
requirement that the offender be subject to the community 16,514
notification provisions regarding the offender's place of 16,515
residence that are contained in sections 2950.10 and 2950.11 of 16,516
the Revised Code without a hearing. The court may conduct a 16,518
hearing to determine both whether the offender previously has 16,519
been convicted of or pleaded guilty to a sexually oriented 16,520
offense and whether to impose a requirement that the offender be 16,521
subject to the community notification provisions as described in 16,522
389
this division, or may conduct a hearing solely to make the latter 16,523
determination. The court shall include in the offender's 16,524
institutional record any determination made under this division 16,525
as to whether the offender previously has been convicted of or 16,526
pleaded guilty to a sexually oriented offense, and, as such, 16,527
whether the offender is a habitual sex offender. 16,528
(b) If the court schedules a hearing under division 16,530
(C)(2)(a) of this section, the court shall give the offender and 16,532
the prosecutor who prosecuted the offender for the sexually 16,533
oriented offense, or that prosecutor's successor in office, 16,534
notice of the date, time, and place of the hearing. If the 16,535
hearing is to determine whether the offender is a sexual 16,536
predator, it shall be conducted in the manner described in 16,537
division (B)(1) of this section regarding hearings conducted 16,538
under that division and, in making a determination under this 16,539
division as to whether the offender is a sexual predator, the 16,540
court shall consider all relevant factors, including, but not 16,541
limited to, all of the factors specified in division (B)(2) of 16,542
this section. After reviewing all testimony and evidence 16,543
presented at the sexual predator hearing and the factors 16,544
specified in division (B)(2) of this section, the court shall 16,546
determine by clear and convincing evidence whether the offender 16,547
is a sexual predator. If the court determines that the offender 16,548
is not a sexual predator, it also shall determine whether the 16,549
offender previously has been convicted of or pleaded guilty to a 16,550
sexually oriented offense other than the offense in relation to 16,551
which the hearing is being conducted. 16,552
Upon making its determinations at the hearing, the court 16,554
shall proceed as follows: 16,555
(i) If the hearing is to determine whether the offender is 16,558
a sexual predator, and if the court determines that the offender 16,560
is not a sexual predator and that the offender previously has not 16,561
been convicted of or pleaded guilty to a sexually oriented
offense other than the offense in relation to which the hearing 16,562
390
is being conducted, it shall include its determinations in the 16,564
offender's institutional record. 16,565
(ii) If the hearing is to determine whether the offender 16,567
is a sexual predator, and if the court determines that the 16,568
offender is not a sexual predator but that the offender 16,569
previously has been convicted of or pleaded guilty to a sexually 16,570
oriented offense other than the offense in relation to which the 16,571
hearing is being conducted, it shall include its determination 16,572
that the offender is not a sexual predator but is a habitual sex 16,573
offender in the offender's institutional record, shall attach the 16,574
determinations to the offender's sentence, shall specify that the 16,575
determinations were pursuant to division (C) of this section, 16,577
shall provide a copy of the determinations to the offender, to 16,578
the prosecuting attorney, and to the department of rehabilitation 16,579
and correction, and may impose a requirement that the offender be 16,581
subject to the community notification provisions regarding the 16,582
offender's place of residence that are contained in sections
2950.10 and 2950.11 of the Revised Code. The offender shall not 16,584
be subject to those community notification provisions relative to 16,586
the sexually oriented offense in question if the court does not 16,587
so impose the requirement described in this division. If the 16,588
court imposes those community notification provisions, the
offender may appeal the judge's determination that the offender 16,589
is a habitual sex offender. 16,590
(iii) If the hearing is to determine whether the offender 16,593
previously has been convicted of or pleaded guilty to a sexually 16,594
oriented offense other than the offense in relation to which the 16,595
hearing is being conducted and whether to impose a requirement 16,596
that the offender be subject to the specified community 16,597
notification provisions, and if the court determines that the 16,598
offender previously has been convicted of or pleaded guilty to 16,599
such an offense, the court shall proceed as described in division 16,600
(C)(2)(b)(ii) of this section and may impose a community 16,601
notification requirement as described in that division. The 16,602
391
offender shall not be subject to the specified community 16,603
notification provisions relative to the sexually oriented offense 16,604
in question if the court does not so impose the requirement 16,605
described in that division. If the court imposes those community 16,606
notification provisions, the offender may appeal the judge's 16,607
determination that the offender is a habitual sex offender. 16,609
(iv) If the court determined without a hearing that the 16,612
offender previously has been convicted of or pleaded guilty to a 16,613
sexually oriented offense other than the offense in relation to 16,614
which the court determined that the offender is not a sexual 16,615
predator, and, as such, is a habitual sex offender, and the
hearing is solely to determine whether to impose a requirement 16,616
that the offender be subject to the specified community 16,617
notification provisions, after the hearing, the court may impose 16,618
a community notification requirement as described in division 16,619
(C)(2)(b)(ii) of this section. The offender shall not be subject 16,621
to the specified community notification provisions relative to 16,622
the sexually oriented offense in question if the court does not 16,623
so impose the requirement described in that division. If the 16,624
court imposes those community notification provisions, the 16,625
offender may appeal the judge's determination that the offender 16,626
is a habitual sex offender. 16,627
(v) If the hearing is to determine whether the offender is 16,630
a sexual predator, and if the court determines by clear and 16,631
convincing evidence that the offender is a sexual predator, it 16,632
shall enter its determination in the offender's institutional 16,633
record, shall attach the determination to the offender's 16,634
sentence, shall specify that the determination was pursuant to 16,635
division (C) of this section, and shall provide a copy of the 16,637
determination to the offender, to the prosecuting attorney, and 16,638
to the department of rehabilitation and correction. The offender 16,639
and the prosecutor may appeal as a matter of right the judge's 16,640
determination under this division as to whether the offender is, 16,641
or is not, a sexual predator.
392
(D)(1) Upon the expiration of the applicable period of 16,643
time specified in division (D)(1)(a) or (b) of this section, an 16,645
offender who has been convicted of or pleaded guilty to, OR A
PERSON WHO HAS BEEN ADJUDICATED A DELINQUENT CHILD FOR 16,646
COMMITTING, a sexually oriented offense and who has been 16,647
adjudicated as being a sexual predator relative to the sexually 16,648
oriented offense in the manner described in division (B) or (C) 16,649
of this section may petition the judge who made the determination 16,650
that the offender OR DELINQUENT CHILD was a sexual predator, or 16,651
that judge's successor in office, to enter a determination that 16,653
the offender OR DELINQUENT CHILD no longer is a sexual predator. 16,654
Upon the filing of the petition, the judge may review the prior 16,656
sexual predator or determination that comprises the sexual 16,658
SEXUALLY violent predator adjudication, and, upon consideration 16,659
of all relevant evidence and information, including, but not 16,660
limited to, the factors set forth in division (B)(2)(3) of this 16,661
section, either shall enter a determination that the offender OR 16,662
DELINQUENT CHILD no longer is a sexual predator or shall enter an 16,664
order denying the petition. The court JUDGE shall not enter a 16,665
determination under this division that the offender OR DELINQUENT 16,666
CHILD no longer is a sexual predator unless the court JUDGE 16,667
determines by clear and convincing evidence that the offender OR 16,669
DELINQUENT CHILD is unlikely to commit a sexually oriented 16,671
offense in the future. If the judge enters a determination under 16,672
this division that the offender OR DELINQUENT CHILD no longer is 16,673
a sexual predator, the judge shall notify the bureau of criminal 16,675
identification and investigation and the parole board OR THE 16,676
DEPARTMENT OF YOUTH SERVICES of the determination. Upon receipt 16,677
of the notification, the bureau promptly shall notify the sheriff 16,678
with whom the offender OR DELINQUENT CHILD most recently 16,679
registered under section 2950.04 or 2950.05 of the Revised Code 16,680
of the determination that the offender OR DELINQUENT CHILD no 16,681
longer is a sexual predator. If the judge enters an order 16,683
denying the petition, the prior adjudication of the offender OR 16,684
393
DELINQUENT CHILD as a sexual predator shall remain in effect. An 16,685
offender OR DELINQUENT CHILD determined to be a sexual predator 16,687
in the manner described in division (B) or (C) of this section 16,688
may file a petition under this division after the expiration of 16,689
the following periods of time:
(a) Regardless of when the sexually oriented offense was 16,691
committed, if, on or after January 1, 1997, the offender is 16,693
imprisoned or sentenced to a prison term or other confinement for 16,695
the sexually oriented offense in relation to which the 16,696
determination was made, the offender initially may file the 16,697
petition not earlier than one year prior to the offender's 16,698
release from the imprisonment, prison term, or other confinement 16,699
by discharge, parole, judicial release, or any other final 16,700
release. If the offender is sentenced on or after January 1, 16,702
1997, for the sexually oriented offense in relation to which the 16,703
determination is made and is not imprisoned or sentenced to a 16,704
prison term or other confinement for the sexually oriented 16,705
offense, the offender initially may file the petition upon the 16,706
expiration of one year after the entry of the offender's judgment 16,707
of conviction. IF THE PERSON COMMITTED AND WAS ADJUDICATED A
DELINQUENT CHILD FOR COMMITTING THE SEXUALLY ORIENTED OFFENSE ON 16,709
OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT AND IF THE PERSON 16,710
WAS COMMITTED TO THE CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES 16,711
FOR THE SEXUALLY ORIENTED OFFENSE, THE DELINQUENT CHILD INITIALLY 16,712
MAY FILE THE PETITION NOT EARLIER THAN ONE YEAR PRIOR TO THE 16,713
DELINQUENT CHILD'S DISCHARGE FROM THAT CUSTODY. IF THE PERSON 16,714
COMMITTED AND WAS ADJUDICATED A DELINQUENT CHILD FOR COMMITTING 16,715
THE SEXUALLY ORIENTED OFFENSE ON OR AFTER THE EFFECTIVE DATE OF 16,716
THIS AMENDMENT AND IF THE PERSON WAS NOT COMMITTED TO THE CUSTODY 16,717
OF THE DEPARTMENT OF YOUTH SERVICES FOR THE SEXUALLY ORIENTED 16,718
OFFENSE, THE DELINQUENT CHILD INITIALLY MAY FILE THE PETITION 16,719
UPON THE EXPIRATION OF ONE YEAR AFTER THE ENTRY OF THE DELINQUENT 16,720
CHILD'S ADJUDICATION AS A DELINQUENT CHILD. 16,721
(b) After the offender's OR DELINQUENT CHILD'S initial 16,723
394
filing of a petition under division (D)(1)(a) of this section, 16,724
thereafter, an offender OR DELINQUENT CHILD may file a petition 16,725
under this division upon the expiration of five years after the 16,727
court has entered an order denying the most recent petition the 16,728
offender OR DELINQUENT CHILD has filed under this division. 16,729
(2) Except as otherwise provided in this division, 16,731
division (D)(1) of this section does not apply to a person who is 16,732
classified as a sexual predator pursuant to division (A) of this 16,733
section. If a person who is so classified was sentenced to a 16,734
prison term pursuant to division (A)(3) of section 2971.03 of the 16,736
Revised Code and if the sentencing court terminates the 16,737
offender's prison term as provided in division (D) of section 16,738
2971.05 of the Revised Code, the court's termination of the 16,739
prison term automatically shall constitute a determination by the 16,740
court that the offender no longer is a sexual predator. If the 16,741
court so terminates the offender's prison term, the court shall 16,742
notify the bureau of criminal identification and investigation 16,743
and the parole board of the determination that the offender no 16,744
longer is a sexual predator. Upon receipt of the notification, 16,745
the bureau promptly shall notify the sheriff with whom the 16,746
offender most recently registered under section 2950.04 or 16,747
2950.05 of the Revised Code that the offender no longer is a 16,749
sexual predator. If an offender who is classified as a sexual 16,750
predator pursuant to division (A) of this section is released 16,751
from prison pursuant to a pardon or commutation, the
classification of the offender as a sexual predator shall remain 16,752
in effect after the offender's release, and the offender may file 16,753
one or more petitions in accordance with the procedures and time 16,754
limitations contained in division (D)(1) of this section for a 16,755
determination that the offender no longer is a sexual predator. 16,756
(E) If a person is convicted of or pleads guilty to 16,759
committing, on or after January 1, 1997, a sexually oriented 16,760
offense OR IF A PERSON COMMITS AND IS ADJUDICATED A DELINQUENT 16,761
CHILD FOR COMMITTING A SEXUALLY ORIENTED OFFENSE ON OR AFTER THE
395
EFFECTIVE DATE OF THIS AMENDMENT, the judge who is to impose 16,762
sentence on the offender OR WHO ADJUDICATED THE PERSON A 16,763
DELINQUENT CHILD shall determine, prior to sentencing OR ENTERING 16,764
AN ORDER OF DISPOSITION, whether the offender OR DELINQUENT CHILD 16,766
previously has been convicted of or, pleaded guilty to, OR BEEN 16,767
ADJUDICATED A DELINQUENT CHILD FOR COMMITTING, a sexually 16,768
oriented offense. If the judge determines that the offender OR 16,769
DELINQUENT CHILD previously has not been convicted of or, pleaded 16,770
guilty to, OR BEEN ADJUDICATED A DELINQUENT CHILD FOR COMMITTING, 16,771
a sexually oriented offense, the judge shall specify in the 16,772
offender's sentence OR THE DELINQUENT CHILD'S DISPOSITIONAL ORDER 16,774
that the judge has determined that the offender OR DELINQUENT 16,775
CHILD is not a habitual sex offender. If the judge determines 16,776
that the offender OR DELINQUENT CHILD previously has been 16,777
convicted of or, pleaded guilty to, OR BEEN ADJUDICATED A 16,778
DELINQUENT CHILD FOR COMMITTING a sexually oriented offense, the 16,779
judge shall specify in the offender's sentence and the judgment 16,780
of conviction that contains the sentence OR THE DELINQUENT
CHILD'S DISPOSITIONAL ORDER that the judge has determined that 16,782
the offender OR DELINQUENT CHILD is a habitual sex offender and 16,784
may impose a requirement in that sentence and judgment of 16,785
conviction OR IN THAT DISPOSITIONAL ORDER that the offender OR 16,786
DELINQUENT CHILD be subject to the community notification 16,787
provisions regarding the offender's OR DELINQUENT CHILD'S place 16,788
of residence that are contained in sections 2950.10 and 2950.11 16,789
of the Revised Code. Unless the habitual sex offender also has 16,792
been adjudicated as being a sexual predator relative to the 16,793
sexually oriented offense in question, the offender OR DELINQUENT 16,794
CHILD shall not be subject to those community notification 16,795
provisions ONLY if the court does not impose IMPOSES the 16,796
requirement described in this division in the offender's sentence 16,797
and the judgment of conviction OR IN THE DELINQUENT CHILD'S 16,798
DISPOSITIONAL ORDER.
(F)(1) An offender OR DELINQUENT CHILD classified as a 16,801
396
sexual predator may petition the court of common pleas of the
county in which the offender OR DELINQUENT CHILD resides or 16,802
temporarily is domiciled to enter a determination that the 16,805
offender OR DELINQUENT CHILD is not an adjudicated sexual
predator in this state for purposes of the sex offender 16,807
registration requirements of this chapter or the community
notification provisions contained in sections 2950.10 and 2950.11 16,808
of the Revised Code if all of the following apply: 16,810
(a) The offender OR DELINQUENT CHILD was convicted of or, 16,813
pleaded guilty to, OR WAS ADJUDICATED A DELINQUENT CHILD FOR 16,814
COMMITTING, a sexually oriented offense in another state or in a 16,815
federal court, a military court, or an Indian tribal court. 16,816
(b) As a result of the conviction or, plea of guilty, OR 16,819
ADJUDICATION described in division (F)(1)(a) of this section, the 16,820
offender OR DELINQUENT CHILD is required under the law of the 16,821
jurisdiction under which the offender OR DELINQUENT CHILD was 16,822
convicted or, pleaded guilty, OR ADJUDICATED to register as a sex 16,824
offender until the offender's OR DELINQUENT CHILD'S death and is 16,825
required to verify the offender's OR DELINQUENT CHILD'S address 16,826
on at least a quarterly basis each year. 16,827
(c) The offender OR DELINQUENT CHILD was automatically 16,829
classified as a sexual predator under division (A) of this 16,831
section in relation to the conviction or, guilty plea, OR 16,832
ADJUDICATION described in division (F)(1)(a) of this section. 16,833
(2) The court may enter a determination that the offender 16,835
OR DELINQUENT CHILD filing the petition described in division 16,837
(F)(1) of this section is not an adjudicated sexual predator in 16,838
this state for purposes of the sex offender registration 16,839
requirements of this chapter or the community notification 16,840
provisions contained in sections 2950.10 and 2950.11 of the
Revised Code only if the offender OR DELINQUENT CHILD proves by 16,842
clear and convincing evidence that the requirement of the other 16,843
jurisdiction that the offender OR DELINQUENT CHILD register as a 16,844
sex offender until the offender's OR DELINQUENT CHILD'S death and 16,845
397
the requirement that the offender OR DELINQUENT CHILD verify the 16,846
offender's OR DELINQUENT CHILD'S address on at least a quarterly 16,847
basis each year is not substantially similar to a classification 16,848
as a sexual predator for purposes of this chapter. 16,849
Sec. 2950.10. (A)(1) If a person is convicted of or 16,859
pleads guilty to, or has been convicted of or pleaded guilty to, 16,860
OR IS ADJUDICATED A DELINQUENT CHILD FOR COMMITTING, a sexually 16,862
oriented offense, if the offender OR DELINQUENT CHILD has been
adjudicated as being a sexual predator relative to the sexually 16,863
oriented offense, and the court has not subsequently determined 16,864
pursuant to division (D) of section 2950.09 of the Revised Code 16,865
that the offender OR DELINQUENT CHILD no longer is a sexual 16,867
predator or the offender OR DELINQUENT CHILD has been determined 16,868
pursuant to division (C)(2) or (E) of section 2950.09 of the
Revised Code to be a habitual sex offender and the court has 16,870
imposed a requirement under that division subjecting the habitual 16,871
sex offender to this section, if the offender OR DELINQUENT CHILD 16,872
registers with a sheriff pursuant to section 2950.04 or 2950.05 16,873
of the Revised Code, and if the victim of the sexually oriented 16,874
offense has made a request in accordance with rules adopted by 16,875
the attorney general that specifies that the victim would like to 16,876
be provided the notices described in this section, the sheriff 16,877
shall notify the victim of the sexually oriented offense, in 16,878
writing, that the offender OR DELINQUENT CHILD has registered and 16,879
shall include in the notice the offender's OR DELINQUENT CHILD'S 16,880
name and residence address or addresses. The sheriff shall 16,882
provide the notice required by this division to the victim at the 16,883
most recent residence address available for that victim, not
later than seventy-two hours after the offender OR DELINQUENT 16,884
CHILD registers with the sheriff. 16,885
(2) If a person is convicted of or, pleads guilty to or, 16,888
has been convicted of or pleaded guilty to, OR IS ADJUDICATED A 16,889
DELINQUENT CHILD FOR COMMITTING, a sexually oriented offense, if 16,890
the offender OR DELINQUENT CHILD has been adjudicated as being a 16,891
398
sexual predator relative to the sexually oriented offense or 16,894
sexually violent offense and the court has not subsequently 16,895
determined pursuant to division (D) of section 2950.09 of the 16,896
Revised Code that the offender OR DELINQUEUNT CHILD no longer is 16,897
a sexual predator or the offender OR DELINQUENT CHILD has been 16,898
determined pursuant to division (E) of section 2950.09 of the 16,899
Revised Code to be a habitual sex offender and the court has 16,900
imposed a requirement under that division subjecting the habitual 16,901
sex offender to this section, if the offender OR DELINQUENT CHILD 16,902
registers with a sheriff pursuant to section 2950.04 or 2950.05 16,903
of the Revised Code, if the victim of the sexually oriented 16,904
offense has made a request in accordance with rules adopted by 16,905
the attorney general that specifies that the victim would like to 16,906
be provided the notices described in this section, and if the 16,907
offender OR DELINQUENT CHILD notifies the sheriff of a change of 16,908
residence address pursuant to section 2950.05 of the Revised 16,909
Code, the sheriff shall notify the victim of the sexually 16,910
oriented offense, in writing, that the offender's OR DELINQUENT 16,911
CHILD'S residence address has changed and shall include in the 16,912
notice the offender's OR DELINQUENT CHILD'S name and new 16,913
residence address or addresses. The sheriff shall provide the 16,915
notice required by this division to the victim at the most recent 16,916
residence address available for that victim, no later than 16,917
seventy-two hours after the offender OR DELINQUENT CHILD notifies
the sheriff of the change in the offender's OR DELINQUENT CHILD'S 16,919
residence address.
(3) If an offender is convicted of or pleads guilty to, or 16,921
has been convicted of or pleaded guilty to, OR A PERSON IS 16,922
ADJUDICATED A DELINQUENT CHILD FOR COMMITTING, a sexually 16,923
oriented offense and if the offender OR DELINQUENT CHILD is 16,924
adjudicated as being a sexual predator relative to the sexually 16,925
oriented offense or the offender OR DELINQUENT CHILD is 16,926
determined pursuant to division (E) of section 2950.09 of the 16,928
Revised Code to be a habitual sex offender and is made subject to 16,929
399
this section, the victim of the offense may make a request in 16,930
accordance with rules adopted by the attorney general pursuant to 16,932
section 2950.13 of the Revised Code that specifies that the
victim would like to be provided the notices described in 16,933
divisions (A)(1) and (2) of this section. If the victim makes a 16,934
request in accordance with those rules, the sheriff described in 16,935
divisions (A)(1) and (2) of this section shall provide the victim 16,936
with the notices described in those divisions. 16,937
(4) If a victim makes a request as described in division 16,939
(A)(3) of this section that specifies that the victim would like 16,940
to be provided the notices described in divisions (A)(1) and (2) 16,942
of this section, all information a sheriff obtains regarding the 16,943
victim from or as a result of the request is confidential, and 16,944
the information is not a public record open for inspection under 16,945
section 149.43 of the Revised Code.
(5) The notices described in divisions (A)(1) and (2) of 16,948
this section are in addition to any notices regarding the 16,949
offender OR DELINQUENT CHILD that the victim is entitled to 16,950
receive under Chapter 2930. of the Revised Code. 16,951
(B) A victim of a sexually oriented offense is not 16,953
entitled to be provided any notice described in division (A)(1) 16,954
or (2) of this section unless the offender OR DELINQUENT CHILD is 16,955
adjudicated as being a sexual predator relative to the sexually 16,957
oriented offense and the court has not subsequently determined 16,958
pursuant to division (E) of section 2950.09 of the Revised Code 16,959
that the offender OR DELINQUENT CHILD no longer is a sexual 16,961
predator or the offender OR DELINQUENT CHILD has been determined 16,962
pursuant to division (E) of section 2950.09 of the Revised Code 16,964
to be a habitual sex offender and the court has imposed a 16,965
requirement under that division subjecting the habitual sex 16,966
offender to this section. A victim of a sexually oriented 16,967
offense is not entitled to any notice described in division 16,968
(A)(1) or (2) of this section unless the victim makes a request 16,969
in accordance with rules adopted by the attorney general pursuant 16,970
400
to section 2950.13 of the Revised Code that specifies that the 16,971
victim would like to be provided the notices described in 16,972
divisions (A)(1) and (2) of this section. This division does not
affect any rights of a victim of a sexually oriented offense to 16,973
be provided notice regarding an offender OR DELINQUENT CHILD that 16,974
are described in Chapter 2950. of the Revised Code. 16,975
Sec. 2950.11. (A) As used in this section, "specified 16,984
geographical notification area" means the geographic area or 16,985
areas within which the attorney general, by rule adopted under 16,986
section 2950.13 of the Revised Code, requires the notice 16,987
described in division (B) of this section to be given to the 16,988
persons identified in divisions (A)(2) to (8) of this section. 16,989
If a person is convicted of or pleads guilty to, or has been 16,990
convicted of or pleaded guilty to, a sexually oriented offense, 16,991
and if the offender has been adjudicated as being a sexual 16,992
predator relative to the sexually oriented offense and the court 16,993
has not subsequently determined pursuant to division (D) of 16,994
section 2950.09 of the Revised Code that the offender no longer 16,995
is a sexual predator or the offender has been determined pursuant
to division (C)(2) or (E) of section 2950.09 of the Revised Code 16,997
to be a habitual sex offender and the court has imposed a 16,998
requirement under that division subjecting the habitual sex 16,999
offender to this section, the sheriff with whom the offender has 17,000
most recently registered under section 2950.04 or 2950.05 of the 17,001
Revised Code, within the period of time specified in division (C) 17,003
of this section, shall provide a written notice containing the 17,004
information set forth in division (B) of this section to all of 17,005
the following persons:
(1) All occupants of residences adjacent to the offender's 17,007
place of residence that are located within the county served by 17,008
the sheriff and all additional neighbors of the offender who are 17,009
within any category that the attorney general by rule adopted 17,010
under section 2950.13 of the Revised Code requires to be provided 17,011
the notice and who reside within the county served by the 17,012
401
sheriff;
(2) The executive director of the public children services 17,014
agency, as defined in section 2151.011 of the Revised Code, that 17,016
has jurisdiction within the specified geographical notification 17,017
area and that is located within the county served by the sheriff;
(3) The superintendent of each board of education of a 17,019
school district that has schools within the specified 17,020
geographical notification area and that is located within the 17,021
county served by the sheriff;
(4) The appointing or hiring officer of each chartered 17,023
nonpublic school located within the specified geographical 17,024
notification area and within the county served by the sheriff or 17,025
of each other school located within the specified geographical 17,026
notification area and within the county served by the sheriff and 17,027
that is not operated by a board of education described in 17,029
division (A)(3) of this section;
(5) The director, head teacher, elementary principal, or 17,031
site administrator of each preschool program governed by Chapter 17,032
3301. of the Revised Code that is located within the specified 17,033
geographical notification area and within the county served by 17,034
the sheriff;
(6) The administrator of each child day-care center or 17,036
type A family day-care home that is located within the specified 17,038
geographical notification area and within the county served by 17,039
the sheriff, and the provider of each certified type B family 17,040
day-care home that is located within the specified geographical 17,041
notification area and within the county served by the sheriff. 17,042
As used in this division, "child day-care center," "type A family 17,043
day-care home," and "certified type B family day-care home" have 17,044
the same meanings as in section 5104.01 of the Revised Code.
(7) The president or other chief administrative officer of 17,046
each institution of higher education, as defined in section 17,048
2907.03 of the Revised Code, that is located within the specified 17,049
geographical notification area and within the county served by
402
the sheriff, and the chief law enforcement officer of the state 17,051
university law enforcement agency or campus police department 17,052
established under section 3345.04 or 1713.50 of the Revised Code, 17,053
if any, that serves that institution; 17,054
(8) The sheriff of each county that includes any portion 17,056
of the specified geographical notification area; 17,057
(9) If the offender resides within the county served by 17,059
the sheriff, the chief of police, marshal, or other chief law 17,060
enforcement officer of the municipal corporation in which the 17,061
offender resides or, if the offender resides in an unincorporated 17,062
area, the constable or chief of the police department or police 17,063
district police force of the township in which the offender 17,064
resides.
(B) The notice required under division (A) of this section 17,067
shall include all of the following information regarding the 17,068
subject offender:
(1) The offender's name; 17,070
(2) The address or addresses at which the offender 17,072
resides;
(3) The sexually oriented offense of which the offender 17,074
was convicted or to which the offender pleaded guilty; 17,075
(4) A statement that the offender has been adjudicated as 17,077
being a sexual predator and that, as of the date of the notice, 17,078
the court has not entered a determination that the offender no 17,079
longer is a sexual predator, or a statement that the sentencing 17,081
or reviewing judge has determined that the offender is a habitual 17,083
sex offender.
(C) If a sheriff with whom an offender registers under 17,085
section 2950.04 or 2950.05 of the Revised Code is required by 17,086
division (A) of this section to provide notices regarding an 17,088
offender and if, pursuant to that requirement, the sheriff 17,089
provides a notice to a sheriff of one or more other counties in 17,091
accordance with division (A)(8) of this section, the sheriff of 17,092
each of the other counties who is provided notice under division 17,093
403
(A)(8) of this section shall provide the notices described in
divisions (A)(1) to (7) and (A)(9) of this section to each person 17,096
or entity identified within those divisions that is located 17,097
within the geographical notification area and within the county 17,098
served by the sheriff in question.
(D)(1) A sheriff required by division (A) or (C) of this 17,101
section to provide notices regarding an offender shall provide
the notice to the neighbors that is described in division (A)(1) 17,102
of this section and the notices to law enforcement personnel that 17,103
are described in divisions (A)(8) and (9) of this section no 17,104
later than seventy-two hours after the offender registers with 17,106
the sheriff or, if the sheriff is required by division (C) to 17,107
provide the notices, no later than seventy-two hours after the
sheriff is provided the notice described in division (A)(8) of 17,108
this section.
A sheriff required by division (A) or (C) of this section 17,111
to provide notices regarding an offender shall provide the
notices to all other specified persons that are described in 17,112
divisions (A)(2) to (7) of this section not later than seven days 17,113
after the offender registers with the sheriff, if the sheriff is 17,114
required by division (C) to provide the notices, no later than 17,116
seventy-two hours after the sheriff is provided the notice 17,117
described in division (A)(8) of this section.
(2) If an offender in relation to whom division (A) of 17,120
this section applies verifies the offender's current residence 17,121
address with a sheriff pursuant to section 2950.06 of the Revised 17,123
Code, the sheriff may provide a written notice containing the 17,124
information set forth in division (B) of this section to the 17,125
persons identified in divisions (A)(1) to (9) of this section. 17,127
If a sheriff provides a notice pursuant to this division to the 17,128
sheriff of one or more other counties in accordance with division 17,130
(A)(8) of this section, the sheriff of each of the other counties 17,131
who is provided the notice under division (A)(8) of this section 17,133
may provide, but is not required to provide, a written notice 17,134
404
containing the information set forth in division (B) of this 17,136
section to the persons identified in divisions (A)(1) to (7) and 17,138
(A)(9) of this section.
(E) All information that a sheriff possesses regarding a 17,140
sexual predator or a habitual sex offender that is described in 17,141
division (B) of this section and that must be provided in a 17,143
notice required under division (A) or (C) of this section or that 17,144
may be provided in a notice authorized under division (D)(2) of 17,145
this section is a public record that is open to inspection under 17,146
section 149.43 of the Revised Code.
(F)(1) The notification provisions of this section do not 17,148
apply regarding a person who is convicted of or pleads guilty to, 17,150
or has been convicted of or pleaded guilty to, a sexually 17,151
oriented offense, who has not been adjudicated as being a sexual 17,152
predator relative to that sexually oriented offense, and who is 17,153
determined pursuant to division (C)(2) or (E) of section 2950.09 17,154
of the Revised Code to be a habitual sex offender unless the 17,155
sentencing or reviewing court imposes a requirement in the 17,156
offender's sentence and in the judgment of conviction that
contains the sentence, or imposes a requirement as described in 17,157
division (C)(2) of section 2950.09 of the Revised Code, that 17,158
subjects the offender to the provisions of this section. 17,159
(2) EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, THE 17,161
NOTIFICATION PROVISIONS OF THIS SECTION DO NOT APPLY TO THE 17,162
RECORDS OF DELINQUENT CHILDREN. IF, AT A HEARING CONDUCTED 17,163
PURSUANT TO DIVISION (E) OF SECTION 2152.13 OF THE REVISED CODE, 17,164
THE JUVENILE COURT DETERMINES THAT A CHILD WHO RECEIVED A SERIOUS 17,165
YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE FOR COMMITTING A 17,167
SEXUALLY ORIENTED OFFENSE MUST ABIDE BY THE NOTIFICATION 17,168
PROVISIONS OF THIS SECTION, THE CHILD SHALL ABIDE BY THE 17,169
NOTIFICATION PROVISIONS OF THIS SECTION TO THE EXTENT ORDERED BY 17,170
THE JUVENILE COURT.
(G) The department of human services shall compile, 17,172
maintain, and update in January and July of each year, a list of 17,173
405
all agencies, centers, or homes of a type described in division 17,174
(A)(2) or (6) of this section that contains the name of each 17,176
agency, center, or home of that type, the county in which it is 17,177
located, its address and telephone number, and the name of an 17,178
administrative officer or employee of the agency, center, or 17,179
home. The department of education shall compile, maintain, and 17,180
update in January and July of each year, a list of all boards of 17,182
education, schools, or programs of a type described in division 17,183
(A)(3), (4), or (5) of this section that contains the name of 17,184
each board of education, school, or program of that type, the 17,185
county in which it is located, its address and telephone number, 17,186
the name of the superintendent of the board or of an 17,187
administrative officer or employee of the school or program, and, 17,188
in relation to a board of education, the county or counties in 17,189
which each of its schools is located and the address of each such 17,190
school. The Ohio board of regents shall compile, maintain, and 17,191
update in January and July of each year, a list of all 17,193
institutions of a type described in division (A)(7) of this 17,194
section that contains the name of each such institution, the 17,195
county in which it is located, its address and telephone number, 17,196
and the name of its president or other chief administrative 17,197
officer. A sheriff required by division (A) or (C) of this 17,198
section, or authorized by division (D)(2) of this section, to 17,199
provide notices regarding an offender, or a designee of a sheriff 17,200
of that type, may request the department of human services, 17,201
department of education, or Ohio board of regents, by telephone, 17,203
in person, or by mail, to provide the sheriff or designee with 17,204
the names, addresses, and telephone numbers of the appropriate 17,205
persons and entities to whom the notices described in divisions 17,206
(A)(2) to (7) of this section are to be provided. Upon receipt 17,208
of a request, the department or board shall provide the 17,209
requesting sheriff or designee with the names, addresses, and 17,210
telephone numbers of the appropriate persons and entities to whom 17,211
those notices are to be provided. 17,212
406
Sec. 2950.12. (A) Except as provided in division (B) of 17,221
this section, any of the following persons shall be immune from 17,222
liability in a civil action to recover damages for injury, death, 17,223
or loss to person or property allegedly caused by an act or 17,224
omission in connection with a power, duty, responsibility, or 17,225
authorization under this chapter or under rules adopted under
authority of this chapter: 17,226
(1) An officer or employee of the bureau of criminal 17,228
identification and investigation; 17,229
(2) The attorney general, a chief of police, marshal, or 17,231
other chief law enforcement officer of a municipal corporation, a 17,232
sheriff, a constable or chief of police of a township police 17,233
department or police district police force, and a deputy, 17,234
officer, or employee of the office of the attorney general, the 17,235
law enforcement agency served by the marshal or the municipal or 17,236
township chief, the office of the sheriff, or the constable; 17,237
(3) A prosecutor and an officer or employee of the office 17,239
of a prosecutor; 17,240
(4) A supervising officer and an officer or employee of 17,242
the adult parole authority of the department of rehabilitation 17,243
and correction;
(5) A SUPERVISING OFFICER AND AN OFFICER OR EMPLOYEE OF 17,245
THE DEPARTMENT OF YOUTH SERVICES; 17,246
(6) A person identified in division (A)(2), (3), (4), (5), 17,248
(6), or (7) of section 2950.11 of the Revised Code or the agent 17,250
of that person.
(B) The immunity described in division (A) of this section 17,252
does not apply to a person described in divisions (A)(1) to 17,253
(5)(6) of this section if, in relation to the act or omission in 17,254
question, any of the following applies: 17,255
(1) The act or omission was manifestly outside the scope 17,257
of the person's employment or official responsibilities. 17,258
(2) The act or omission was with malicious purpose, in bad 17,260
faith, or in a wanton or reckless manner. 17,261
407
(3) Liability for the act or omission is expressly imposed 17,263
by a section of the Revised Code. 17,264
Sec. 2950.13. (A) The attorney general shall do all of 17,273
the following:
(1) No later than July 1, 1997, establish ESTABLISH and 17,275
maintain a state registry of sex offenders that is housed at the 17,277
bureau of criminal identification and investigation and that 17,278
contains all of the registration, change of residence address, 17,279
and verification information the bureau receives pursuant to 17,280
sections 2950.04, 2950.05, and 2950.06 of the Revised Code 17,281
regarding a person who is convicted of or pleads guilty to, or 17,282
has been convicted of or pleaded guilty to, OR IS ADJUDICATED A 17,283
DELINQUENT CHILD FOR COMMITTING, a sexually oriented offense and 17,285
all of the information the bureau receives pursuant to section
2950.14 of the Revised Code; 17,286
(2) In consultation with local law enforcement 17,288
representatives and no later than July 1, 1997, adopt rules that 17,289
contain guidelines necessary for the implementation of this 17,290
chapter;
(3) In consultation with local law enforcement 17,292
representatives and no later than July 1, 1997, adopt rules for 17,293
the implementation and administration of the provisions contained 17,294
in section 2950.11 of the Revised Code that pertain to the 17,295
notification of neighbors of a person who has committed a 17,296
sexually oriented offense and has been adjudicated as being a 17,297
sexually violent predator or determined to be a habitual sex 17,298
offender, and rules that prescribe a manner in which victims of a
sexually oriented offense committed by a person who has been 17,299
adjudicated as being a sexual predator or determined to be a 17,300
habitual sex offender may make a request that specifies that the 17,301
victim would like to be provided the notices described in 17,302
divisions (A)(1) and (2) of section 2950.10 of the Revised Code.; 17,304
(4) In consultation with local law enforcement 17,306
representatives and through the bureau of criminal identification 17,308
408
and investigation, prescribe the forms to be used by judges and
officials pursuant to section 2950.03 of the Revised Code to 17,310
advise offenders of their duties of registration, notification of
a change of residence address and registration of the new 17,311
residence address, and residence address verification under 17,312
sections 2950.04, 2950.05, and 2950.06 of the Revised Code, and 17,313
prescribe the forms to be used by sheriffs relative to those 17,314
duties of registration, change of residence address notification, 17,315
and residence address verification; 17,316
(5) Make copies of the forms prescribed under division 17,319
(D)(A)(4) of this section available to judges, officials, and 17,320
sheriffs;
(6) Through the bureau of criminal identification and 17,322
investigation, provide the notifications, the information, and 17,324
the documents that the bureau is required to provide to
appropriate law enforcement officials and to the federal bureau 17,325
of investigation pursuant to sections 2950.04, 2950.05, and 17,326
2950.06 of the Revised Code;
(7) Through the bureau of criminal identification and 17,329
investigation, maintain the verification forms returned under the 17,330
residence address verification mechanism set forth in section
2950.06 of the Revised Code; 17,331
(8) In consultation with representatives of the officials, 17,333
judges, and sheriffs, adopt procedures for officials, judges, and 17,335
sheriffs to use to forward information, photographs, and
fingerprints to the bureau of CRIMINAL identification and 17,336
investigation pursuant to the requirements of sections 2950.03, 17,337
2950.04, 2950.05, and 2950.06 of the Revised Code; 17,338
(9) In consultation with the director of education, the 17,340
director of human services, and the director of rehabilitation 17,341
and correction and no later than July 1, 1997, adopt rules that 17,342
contain guidelines to be followed by boards of education of a 17,343
school district, chartered nonpublic schools or other schools not 17,344
operated by a board of education, preschool programs, child 17,345
409
day-care centers, type A family day-care homes, certified type B 17,347
family day-care homes, and institutions of higher education 17,348
regarding the proper use and administration of information
received pursuant to section 2950.11 of the Revised Code relative 17,350
to a person who has been adjudicated as being a sexual predator
or determined to be a habitual sex offender; 17,351
(10) In consultation with local law enforcement 17,353
representatives and no later than July 1, 1997, adopt rules that 17,355
designate a geographic area or areas within which the notice 17,356
described in division (B) of section 2950.11 of the Revised Code 17,357
must be given to the persons identified in divisions (A)(2) to 17,358
(8) of that section.
(B) The attorney general, in consultation with local law 17,360
enforcement representatives, may adopt rules that establish one 17,361
or more categories of neighbors of an offender who, in addition 17,363
to the occupants of residences adjacent to an offender's place of 17,364
residence, must be given the notice described in division (B) of 17,365
section 2950.11 of the Revised Code. 17,366
(C) As used in this section, "local law enforcement 17,368
representatives" means representatives of the sheriffs of this 17,369
state, representatives of the municipal chiefs of police and 17,370
marshals of this state, and representatives of the township 17,371
constables and chiefs of police of the township police 17,372
departments or police district police forces of this state.
Sec. 2950.14. (A) Prior to releasing an offender who is 17,382
under the custody and control of the department of rehabilitation 17,383
and correction and who has been convicted of or pleaded guilty to 17,384
committing, either prior to, on, or after January 1, 1997, any 17,385
sexually oriented offense, the department OF REHABILITATION AND 17,386
CORRECTION shall provide all of the following information 17,387
DESCRIBED IN DIVISION (B) OF THIS SECTION to the bureau of 17,388
criminal identification and investigation regarding the offender. 17,389
PRIOR TO RELEASING A DELINQUENT CHILD WHO IS IN THE CUSTODY OF 17,391
THE DEPARTMENT OF YOUTH SERVICES AND WHO HAS COMMITTED AND HAS 17,392
410
BEEN ADJUDICATED A DELINQUENT CHILD FOR COMMITTING A SEXUALLY 17,393
ORIENTED OFFENSE ON OR AFTER THE EFFECTIVE DATE OF THIS 17,394
AMENDMENT, THE DEPARTMENT OF YOUTH SERVICES SHALL PROVIDE ALL OF 17,395
THE INFORMATION DESCRIBED IN DIVISION (B) OF THIS SECTION TO THE 17,396
BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION REGARDING THE 17,398
DELINQUENT CHILD.
(B) THE DEPARTMENT OF REHABILITATION AND CORRECTION AND 17,401
THE DEPARTMENT OF YOUTH SERVICES SHALL PROVIDE ALL OF THE 17,402
FOLLOWING INFORMATION TO THE BUREAU OF CRIMINAL IDENTIFICATION 17,403
AND INVESTIGATION REGARDING AN OFFENDER OR DELINQUENT CHILD 17,404
DESCRIBED IN DIVISION (A) OF THIS SECTION: 17,405
(1) The offender's OR DELINQUENT CHILD'S name and any 17,407
aliases used by the offender OR DELINQUENT CHILD; 17,408
(2) All identifying factors concerning the offender OR 17,410
DELINQUENT CHILD; 17,411
(3) The offender's OR DELINQUENT CHILD'S anticipated 17,413
future residence;
(4) The offense AND DELINQUENCY history of the offender OR 17,415
DELINQUENT CHILD; 17,416
(5) Whether the offender OR DELINQUENT CHILD was treated 17,418
for a mental abnormality or personality disorder while under the 17,420
custody and control of the department; 17,421
(6) Any other information that the bureau indicates is 17,423
relevant and that the department possesses. 17,425
(B)(C) Upon receipt of the information described in 17,427
division (A)(B) of this section regarding an offender OR 17,429
DELINQUENT CHILD, the bureau immediately shall enter the 17,430
information into the state registry of sexual offenders that the 17,431
bureau maintains pursuant to section 2950.13 of the Revised Code 17,432
and into the records that the bureau maintains pursuant to 17,433
division (A) of section 109.57 of the Revised Code.
Sec. 2950.99. Whoever violates a prohibition in section 17,442
2950.04, 2950.05, or 2950.06 of the Revised Code is guilty of a 17,443
felony of the fifth degree if the most serious sexually oriented 17,444
411
offense that was the basis of the registration, change of address 17,445
notification, or address verification requirement that was 17,446
violated under the prohibition is a felony IF COMMITTED BY AN 17,447
ADULT, and a misdemeanor of the first degree if the most serious 17,449
sexually oriented offense that was the basis of the registration, 17,450
change of address notification, or address verification 17,451
requirement that was violated under the prohibition is a 17,452
misdemeanor IF COMMITTED BY AN ADULT. In addition to any penalty 17,454
or sanction imposed for the violation, if the offender OR 17,455
DELINQUENT CHILD is on probation or parole, is subject to one or 17,456
more post-release control sanctions, or is subject to any other 17,457
type of supervised release at the time of the violation, the 17,458
violation shall constitute a violation of the terms and 17,459
conditions of the probation, parole, post-release control 17,460
sanction, or other type of supervised release. 17,461
Sec. 3301.121. (A) In addition to the duties and 17,470
responsibilities of the superintendent of public instruction set 17,471
forth in section 3301.12 of the Revised Code, the superintendent, 17,473
in accordance with this section and section 3313.662 of the 17,474
Revised Code, shall conduct an adjudication procedure to 17,475
determine whether to permanently exclude from attending any of 17,476
the public schools of this state any pupil who is the subject of 17,477
a resolution forwarded to the superintendent by a board of 17,478
education pursuant to division (D) of section 3313.662 of the 17,479
Revised Code. 17,480
(B)(1) Except as provided in division (B)(3) of this 17,482
section, within fourteen days after receipt of a resolution 17,483
forwarded by a board of education pursuant to division (D) of 17,484
section 3313.662 of the Revised Code, the superintendent of 17,485
public instruction or the superintendent's designee shall provide 17,487
the pupil who is the subject of the resolution and that pupil's 17,488
parent, guardian, or custodian with a notice of an opportunity 17,489
for an adjudication hearing on the proposed permanent exclusion 17,490
of the pupil from attending any of the public schools of this 17,491
412
state. The notice shall include all of the following: 17,492
(a) The date, time, and place of the permanent exclusion 17,494
adjudication hearing; 17,495
(b) A statement informing the pupil and the pupil's 17,497
parent, guardian, or custodian that the pupil may attend the 17,498
adjudication hearing at the date, time, and place set forth in 17,499
the notice, that the failure of the pupil or the pupil's parent, 17,500
guardian, or custodian to attend the adjudication hearing will 17,502
result in a waiver of the pupil's right to present evidence, 17,503
testimony, and factors in mitigation of the pupil's permanent 17,504
exclusion at an adjudication hearing on the proposed permanent 17,506
exclusion, and that the pupil shall be accorded all of the 17,507
following rights:
(i) The right to testify, to present evidence and the 17,509
testimony of witnesses, and to confront, cross-examine, and 17,510
compel the attendance of witnesses; 17,511
(ii) The right to a record of the hearing; 17,513
(iii) The right to written findings. 17,515
(c) A statement informing the pupil and the pupil's 17,517
parent, guardian, or custodian that the pupil has the right to be 17,518
represented by counsel at the adjudication hearing. 17,519
(d) A statement informing the pupil and the pupil's 17,521
parent, guardian, or custodian that, if the pupil by failing to 17,522
attend the hearing waives the pupil's right to present evidence, 17,523
testimony, and factors in mitigation of the pupil's permanent 17,525
exclusion at an adjudication hearing on the proposed permanent 17,527
exclusion, the superintendent is required to review the 17,528
information relevant to the permanent exclusion that is available 17,529
to the superintendent and is permitted to enter an order 17,531
requiring the pupil's permanent exclusion from attending any of 17,532
the public schools of this state at any time within seven days 17,533
after the conclusion of the adjudication hearing. 17,534
(2) The superintendent or the superintendent's designee 17,536
shall provide the notice required by division (B)(1) of this 17,538
413
section to the pupil and to the pupil's parent, guardian, or 17,539
custodian by certified mail or personal service. 17,540
(3)(a) If a pupil who is the subject of a resolution 17,542
forwarded to the superintendent of public instruction by a board 17,543
of education pursuant to section 3313.662 of the Revised Code is 17,544
in the custody of the department of youth services pursuant to a 17,545
disposition under division (A)(4), (5), or (7) of section 17,548
2151.355 ANY PROVISION OF CHAPTER 2152. of the Revised Code, 17,550
OTHER THAN DIVISION (A)(1)(a) OF SECTION 2152.16 OF THE REVISED 17,551
CODE, at the time the resolution is forwarded, the department 17,553
shall notify in writing the superintendent of public instruction 17,554
and the board of education that forwarded the resolution of that 17,555
fact. Upon receipt of the notice, the superintendent shall delay 17,556
providing the notice required by division (B)(1) of this section 17,557
and the adjudication of the request for permanent exclusion until 17,558
the superintendent receives further notice from the department 17,560
pursuant to division (B)(3)(b) of this section. 17,561
(b) At least sixty days before a pupil described in 17,563
division (B)(3)(a) of this section will be released from 17,564
institutionalization or institutionalization in a secure facility 17,565
by the department of youth services, the department shall notify 17,566
in writing the superintendent of public instruction and the board 17,567
of education that forwarded the resolution pursuant to section 17,568
3313.662 of the Revised Code of the impending release and shall 17,569
provide in that notice information regarding the extent of the 17,570
education the pupil received while in the custody of the 17,571
department, including whether the pupil has obtained a 17,572
certificate of high school equivalence. 17,573
If the pupil has not obtained a certificate of high school 17,575
equivalence while in the custody of the department of youth 17,576
services, the superintendent of public instruction shall provide 17,577
the notice required by division (B)(1) of this section and, at 17,578
least thirty days before the pupil is to be released from 17,579
institutionalization or institutionalization in a secure 17,580
414
facility, conduct an adjudication procedure to determine whether 17,582
to permanently exclude the pupil from attending the public 17,583
schools of this state in accordance with this section. If the 17,584
pupil has obtained a certificate of high school equivalence while 17,585
in the custody of the department, the superintendent, in the 17,586
superintendent's discretion, may conduct the adjudication. 17,588
(C)(1) Except as provided in division (B)(3) of this 17,590
section, the date of the adjudication hearing set forth in the 17,591
notice required by division (B)(1) of this section shall be a 17,592
date no less than fourteen days nor more than twenty-one days 17,593
from the date the superintendent sends the notice by certified 17,594
mail or initiates personal service of the notice. 17,595
(2) The superintendent, for good cause shown on the 17,597
written request of the pupil or the pupil's parent, guardian, or 17,599
custodian, or on the superintendent's own motion, may grant 17,600
reasonable continuances of any adjudication hearing held under 17,602
this section but shall not grant either party total continuances 17,603
in excess of ten days. 17,604
(3) If a pupil or the pupil's parent, guardian, or 17,606
custodian does not appear at the adjudication hearing on a 17,608
proposed permanent exclusion, the superintendent or the referee 17,609
appointed by the superintendent shall proceed to conduct an 17,611
adjudication hearing on the proposed permanent exclusion on the 17,612
date for the adjudication hearing that is set forth in the notice 17,613
provided pursuant to division (B)(1) of this section or on the 17,614
date to which the hearing was continued pursuant to division 17,615
(C)(2) of this section.
(D)(1) The superintendent or a referee appointed by the 17,617
superintendent may conduct an adjudication hearing to determine 17,619
whether to permanently exclude a pupil in one of the following 17,620
counties:
(a) The county in which the superintendent holds the 17,622
superintendent's office; 17,624
(b) Upon the request of the pupil or the pupil's parent, 17,626
415
guardian, custodian, or attorney, in the county in which the 17,628
board of education that forwarded the resolution requesting the 17,629
permanent exclusion is located if the superintendent, in the 17,630
superintendent's discretion and upon consideration of evidence of 17,632
hardship presented on behalf of the requesting pupil, determines 17,633
that the hearing should be conducted in that county. 17,634
(2) The superintendent of public instruction or a referee 17,636
appointed by the superintendent shall conduct an adjudication 17,637
hearing on a proposed permanent exclusion of a pupil. The 17,638
referee may be an attorney admitted to the practice of law in 17,639
this state but shall not be an attorney that represents the board 17,640
of education that forwarded the resolution requesting the 17,641
permanent exclusion. 17,642
(3) The superintendent or referee who conducts an 17,644
adjudication hearing under this section may administer oaths, 17,645
issue subpoenas to compel the attendance of witnesses and 17,646
evidence, and enforce the subpoenas by a contempt proceeding in 17,647
the court of common pleas as provided by law. The superintendent 17,648
or referee may require the separation of witnesses and may bar 17,649
from the proceedings any person whose presence is not essential 17,650
to the proceedings. 17,651
(4) The superintendent of public instruction shall request 17,653
the department of rehabilitation and correction, the sheriff, the 17,654
department of youth services, or any publicly funded out-of-home 17,655
care entity that has legal custody of a pupil who is the subject 17,656
of an adjudication hearing held pursuant to this section to 17,657
transport the pupil to the place of the adjudication hearing at 17,658
the time and date set for the hearing. The department, sheriff, 17,659
or publicly funded out-of-home care entity that receives the 17,660
request shall provide transportation for the pupil who is the 17,661
subject of the adjudication hearing to the place of the hearing 17,662
at the time and date set for the hearing. The department, 17,663
sheriff, or entity shall pay the cost of transporting the pupil 17,664
to and from the hearing. 17,665
416
(E)(1) An adjudication hearing held pursuant to this 17,667
section shall be adversary in nature, shall be conducted fairly 17,668
and impartially, and may be conducted without the formalities of 17,669
a criminal proceeding. A pupil whose permanent exclusion is 17,670
being adjudicated has the right to be represented by counsel at 17,671
the adjudication hearing. If the pupil has the financial 17,672
capacity to retain counsel, the superintendent or the referee is 17,674
not required to provide counsel for the pupil. At the
adjudication hearing, the pupil also has the right to 17,675
cross-examine witnesses against the pupil, to testify, to present 17,677
evidence and the testimony of witnesses on the pupil's behalf, 17,679
and to raise factors in mitigation of the pupil's being 17,680
permanently excluded. 17,681
(2) In an adjudication hearing held pursuant to this 17,683
section and section 3313.662 of the Revised Code, a 17,684
representative of the school district of the board of education 17,685
that adopted and forwarded the resolution requesting the 17,686
permanent exclusion of the pupil shall present the case for 17,687
permanent exclusion to the superintendent or the referee. The 17,688
representative of the school district may be an attorney admitted 17,689
to the practice of law in this state. At the adjudication 17,690
hearing, the representative of the school district shall present 17,691
evidence in support of the requested permanent exclusion. The 17,692
superintendent or the superintendent's designee shall consider 17,694
the entire school record of the pupil who is the subject of the 17,695
adjudication and shall consider any of the following information 17,696
that is available: 17,697
(a) The academic record of the pupil and a record of any 17,699
extracurricular activities in which the pupil previously was 17,701
involved;
(b) The disciplinary record of the pupil and any available 17,703
records of the pupil's prior behavioral problems other than the 17,705
behavioral problems contained in the disciplinary record;
(c) The social history of the pupil; 17,707
417
(d) The pupil's response to the imposition of prior 17,709
discipline and sanctions imposed for behavioral problems; 17,710
(e) Evidence regarding the seriousness of and any 17,712
aggravating factors related to the offense that is the basis of 17,713
the resolution seeking permanent exclusion; 17,714
(f) Any mitigating circumstances surrounding the offense 17,716
that gave rise to the request for permanent exclusion; 17,717
(g) Evidence regarding the probable danger posed to the 17,719
health and safety of other pupils or of school employees by the 17,720
continued presence of the pupil in a public school setting; 17,721
(h) Evidence regarding the probable disruption of the 17,723
teaching of any school district's graded course of study by the 17,724
continued presence of the pupil in a public school setting; 17,725
(i) Evidence regarding the availability of alternative 17,727
sanctions of a less serious nature than permanent exclusion that 17,728
would enable the pupil to remain in a public school setting 17,729
without posing a significant danger to the health and safety of 17,730
other pupils or of school employees and without posing a threat 17,731
of the disruption of the teaching of any district's graded course 17,732
of study. 17,733
(3) In any adjudication hearing conducted pursuant to this 17,735
section and section 3313.662 of the Revised Code, a court order 17,736
that proves the adjudication or conviction that is the basis for 17,737
the resolution of the board of education seeking permanent 17,738
exclusion is sufficient evidence to prove that the pupil 17,739
committed a violation as specified in division (F)(1) of this 17,740
section. 17,741
(4) The superintendent or the referee shall make or cause 17,743
to be made a record of any adjudication hearing conducted 17,744
pursuant to this section. 17,745
(5) A referee who conducts an adjudication hearing 17,747
pursuant to this section shall promptly report the referee's 17,748
findings in writing to the superintendent at the conclusion of 17,750
the adjudication hearing. 17,751
418
(F) If an adjudication hearing is conducted or a 17,753
determination is made pursuant to this section and section 17,754
3313.662 of the Revised Code, the superintendent shall review and 17,755
consider the evidence presented, the entire school record of the 17,756
pupil, and any available information described in divisions 17,757
(E)(2)(a) to (i) of this section and shall not enter an order of 17,758
permanent exclusion unless the superintendent or the 17,759
superintendent's appointed referee finds, by a preponderance of 17,761
the evidence, both of the following: 17,762
(1) That the pupil was convicted of or adjudicated a 17,764
delinquent child for committing a violation listed in division 17,765
(A) of section 3313.662 of the Revised Code and that the 17,766
violation was committed when the child was sixteen years of age 17,767
or older; 17,768
(2) That the pupil's continued attendance in the public 17,770
school system may endanger the health and safety of other pupils 17,771
or school employees. 17,772
(G)(1) Within seven days after the conclusion of an 17,774
adjudication hearing that is conducted pursuant to this section, 17,775
the superintendent of public instruction shall enter an order in 17,776
relation to the permanent exclusion of the pupil who is the 17,777
subject of the hearing or determination. 17,778
(2) If the superintendent or a referee makes the findings 17,780
described in divisions (F)(1) and (2) of this section, the 17,781
superintendent shall issue a written order that permanently 17,782
excludes the pupil from attending any of the public schools of 17,783
this state and immediately shall send a written notice of the 17,784
order to the board of education that forwarded the resolution, to 17,785
the pupil who was the subject of the resolution, to that pupil's 17,786
parent, guardian, or custodian, and to that pupil's attorney, 17,788
that includes all of the following: 17,789
(a) A copy of the order of permanent exclusion; 17,791
(b) A statement informing the pupil and the pupil's 17,793
parent, guardian, or custodian of the pupil's right to appeal the 17,794
419
order of permanent exclusion pursuant to division (H) of this 17,795
section and of the possible revocation of the permanent exclusion 17,796
pursuant to division (I) of this section if a final judicial 17,797
determination reverses the conviction or adjudication that was 17,798
the basis for the permanent exclusion; 17,799
(c) A statement informing the pupil and the pupil's 17,801
parent, guardian, or custodian of the provisions of divisions 17,802
(F), (G), and (H) of section 3313.662 of the Revised Code. 17,803
(3) If the superintendent or a referee does not make the 17,805
findings described in divisions (F)(1) and (2) of this section, 17,806
the superintendent shall issue a written order that rejects the 17,807
resolution of the board of education and immediately shall send 17,808
written notice of that fact to the board of education that 17,809
forwarded the resolution, to the pupil who was the subject of the 17,810
proposed resolution, and to that pupil's parent, guardian, or 17,811
custodian. 17,812
(H) A pupil may appeal an order of permanent exclusion 17,814
made by the superintendent of public instruction pursuant to this 17,815
section and section 3313.662 of the Revised Code to the court of 17,816
common pleas of the county in which the board of education that 17,817
forwarded the resolution requesting the permanent exclusion is 17,818
located. The appeal shall be conducted in accordance with 17,819
Chapter 2505. of the Revised Code. 17,820
(I) If a final judicial determination reverses the 17,822
conviction or adjudication that is the basis of a permanent 17,823
exclusion ordered under this section, the superintendent of 17,824
public instruction, upon receipt of a certified copy of an order 17,825
reflecting that final determination from the pupil or that 17,826
pupil's parent, guardian, custodian, or attorney, shall revoke 17,827
the order of permanent exclusion. 17,828
(J) As used in this section: 17,830
(1) "Permanently exclude" and "permanent exclusion" have 17,832
the same meanings as in section 3313.662 of the Revised Code. 17,833
(2) "Out-of-home care" and "legal custody" have the same 17,835
420
meanings as in section 2151.011 of the Revised Code. 17,836
(3) "Certificate of high school equivalence" has the same 17,838
meaning as in section 4109.06 of the Revised Code. 17,839
Sec. 3313.66. (A) Except as provided under division 17,848
(B)(2) of this section, the superintendent of schools of a city, 17,850
exempted village, or local school district, or the principal of a 17,851
public school may suspend a pupil from school for not more than 17,852
ten school days. The board of education of a city, exempted 17,853
village, or local school district may adopt a policy granting 17,854
assistant principals and other administrators the authority to 17,855
suspend a pupil from school for a period of time as specified in 17,856
the policy of the board of education, not to exceed ten school 17,857
days. If at the time a suspension is imposed there are fewer 17,859
than ten school days remaining in the school year in which the 17,860
incident that gives rise to the suspension takes place, the 17,861
superintendent may apply any remaining part or all of the period 17,862
of the suspension to the following school year. Except in the 17,863
case of a pupil given an in-school suspension, no pupil shall be 17,864
suspended unless prior to the suspension such superintendent or 17,865
principal does both of the following: 17,866
(1) Gives the pupil written notice of the intention to 17,868
suspend the pupil and the reasons for the intended suspension 17,870
and, if the proposed suspension is based on a violation listed in 17,871
division (A) of section 3313.662 of the Revised Code and if the 17,872
pupil is sixteen years of age or older, includes in the notice a 17,873
statement that the superintendent may seek to permanently exclude 17,874
the pupil if the pupil is convicted of or adjudicated a 17,875
delinquent child for that violation; 17,877
(2) Provides the pupil an opportunity to appear at an 17,879
informal hearing before the principal, assistant principal, 17,880
superintendent, or superintendent's designee and challenge the 17,881
reason for the intended suspension or otherwise to explain the 17,882
pupil's actions. 17,883
(B)(1) Except as provided under division (B)(2), (3), or 17,886
421
(4) of this section, the superintendent of schools of a city, 17,887
exempted village, or local school district may expel a pupil from 17,888
school for a period not to exceed the greater of eighty school 17,889
days or the number of school days remaining in the semester or 17,890
term in which the incident that gives rise to the expulsion takes 17,891
place, unless the expulsion is extended pursuant to division (F) 17,892
of this section. If at the time an expulsion is imposed there 17,893
are fewer than eighty school days remaining in the school year in 17,894
which the incident that gives rise to the expulsion takes place, 17,895
the superintendent may apply any remaining part or all of the 17,896
period of the expulsion to the following school year. 17,897
(2)(a) Unless a pupil is permanently excluded pursuant to 17,899
section 3313.662 of the Revised Code, the superintendent of 17,900
schools of a city, exempted village, or local school district 17,902
shall expel a pupil from school for a period of one year for 17,903
bringing a firearm to a school operated by the board of education
of the district or onto any other property owned or controlled by 17,905
the board, except that the superintendent may reduce this 17,907
requirement on a case-by-case basis in accordance with the policy 17,908
adopted by the board under section 3313.661 of the Revised Code. 17,909
(b) The superintendent of schools of a city, exempted 17,911
village, or local school district may expel a pupil from school 17,912
for a period of one year for bringing a firearm to an 17,914
interscholastic competition, an extracurricular event, or any
other school program or activity that is not located in a school 17,916
or on property that is owned or controlled by the district. The 17,917
superintendent may reduce this disciplinary action on a 17,918
case-by-case basis in accordance with the policy adopted by the 17,919
board under section 3313.661 of the Revised Code.
(c) Any expulsion pursuant to division (B)(2) of this 17,922
section shall extend, as necessary, into the school year 17,923
following the school year in which the incident that gives rise 17,925
to the expulsion takes place. As used in this division, 17,926
"firearm" has the same meaning as provided pursuant to the 17,927
422
"Gun-Free Schools Act of 1994," 108 Stat. 270, 20 U.S.C. 17,928
8001(a)(2). 17,929
(3) The board of education of a city, exempted village, or 17,932
local school district may adopt a resolution authorizing the 17,933
superintendent of schools to expel a pupil from school for a 17,934
period not to exceed one year for bringing a knife to a school 17,935
operated by the board, onto any other property owned or 17,936
controlled by the board, or to an interscholastic competition, an 17,937
extracurricular event, or any other program or activity sponsored 17,938
by the school district or in which the district is a participant, 17,939
or for possessing a firearm or knife at a school, on any other 17,941
property owned or controlled by the board, or at an 17,943
interscholastic competition, an extracurricular event, or any
other school program or activity, which firearm or knife was 17,945
initially brought onto school board property by another person. 17,946
The resolution may authorize the superintendent to extend such an 17,947
expulsion, as necessary, into the school year following the 17,948
school year in which the incident that gives rise to the 17,949
expulsion takes place.
(4) The board of education of a city, exempted village, or 17,952
local school district may adopt a resolution establishing a 17,953
policy under section 3313.661 of the Revised Code that authorizes 17,954
the superintendent of schools to expel a pupil from school for a 17,956
period not to exceed one year for committing an act that is a 17,957
criminal offense when committed by an adult and that results in 17,958
serious physical harm to persons as defined in division (A)(5) of 17,959
section 2901.01 of the Revised Code or serious physical harm to 17,962
property as defined in division (A)(6) of section 2901.01 of the 17,964
Revised Code while the pupil is at school, on any other property 17,966
owned or controlled by the board, or at an interscholastic 17,968
competition, an extracurricular event, or any other school 17,969
program or activity. Any expulsion under this division shall 17,970
extend, as necessary, into the school year following the school 17,972
year in which the incident that gives rise to the expulsion takes 17,973
423
place.
(5) No pupil shall be expelled under division (B)(1), (2), 17,975
(3), or (4) of this section unless, prior to the pupil's 17,977
expulsion, the superintendent does both of the following: 17,978
(a) Gives the pupil and the pupil's parent, guardian, or 17,980
custodian written notice of the intention to expel the pupil; 17,982
(b) Provides the pupil and the pupil's parent, guardian, 17,984
custodian, or representative an opportunity to appear in person 17,985
before the superintendent or the superintendent's designee to 17,987
challenge the reasons for the intended expulsion or otherwise to
explain the pupil's actions. 17,988
The notice required in this division shall include the 17,990
reasons for the intended expulsion, notification of the 17,991
opportunity of the pupil and the pupil's parent, guardian, 17,992
custodian, or representative to appear before the superintendent 17,994
or the superintendent's designee to challenge the reasons for the 17,995
intended expulsion or otherwise to explain the pupil's action, 17,997
and notification of the time and place to appear. The time to 17,998
appear shall not be earlier than three nor later than five school 17,999
days after the notice is given, unless the superintendent grants 18,000
an extension of time at the request of the pupil or the pupil's 18,001
parent, guardian, custodian, or representative. If an extension 18,002
is granted after giving the original notice, the superintendent 18,003
shall notify the pupil and the pupil's parent, guardian, 18,004
custodian, or representative of the new time and place to appear. 18,006
If the proposed expulsion is based on a violation listed in 18,007
division (A) of section 3313.662 of the Revised Code and if the 18,008
pupil is sixteen years of age or older, the notice shall include 18,009
a statement that the superintendent may seek to permanently 18,010
exclude the pupil if the pupil is convicted of or adjudicated a 18,011
delinquent child for that violation. 18,012
(6) A superintendent of schools of a city, exempted 18,014
village, or local school district shall initiate expulsion 18,015
proceedings pursuant to this section with respect to any pupil 18,016
424
who has committed an act warranting expulsion under the 18,017
district's policy regarding expulsion even if the pupil has 18,018
withdrawn from school for any reason after the incident that 18,019
gives rise to the hearing but prior to the hearing or decision to 18,020
impose the expulsion. If, following the hearing, the pupil would 18,021
have been expelled for a period of time had the pupil still been 18,022
enrolled in the school, the expulsion shall be imposed for the 18,024
same length of time as on a pupil who has not withdrawn from the
school. 18,025
(C) If a pupil's presence poses a continuing danger to 18,027
persons or property or an ongoing threat of disrupting the 18,028
academic process taking place either within a classroom or 18,029
elsewhere on the school premises, the superintendent or a 18,030
principal or assistant principal may remove a pupil from 18,031
curricular activities or from the school premises, and a teacher 18,033
may remove a pupil from curricular activities under the teacher's 18,034
supervision, without the notice and hearing requirements of 18,036
division (A) or (B) of this section. As soon as practicable 18,037
after making such a removal, the teacher shall submit in writing 18,038
to the principal the reasons for such removal. 18,039
If a pupil is removed under this division from a curricular 18,041
activity or from the school premises, written notice of the 18,043
hearing and of the reason for the removal shall be given to the 18,044
pupil as soon as practicable prior to the hearing, which shall be 18,045
held within three school days from the time the initial removal 18,046
is ordered. The hearing shall be held in accordance with 18,047
division (A) of this section unless it is probable that the pupil 18,048
may be subject to expulsion, in which case a hearing in 18,049
accordance with division (B) of this section shall be held, 18,050
except that the hearing shall be held within three school days of 18,051
the initial removal. The individual who ordered, caused, or 18,052
requested the removal to be made shall be present at the hearing. 18,053
If the superintendent or the principal reinstates a pupil 18,055
in a curricular activity under the teacher's supervision prior to 18,057
425
the hearing following a removal under this division, the teacher, 18,058
upon request, shall be given in writing the reasons for such 18,059
reinstatement.
(D) The superintendent or principal, within one school day 18,061
after the time of a pupil's expulsion or suspension, shall notify 18,062
in writing the parent, guardian, or custodian of the pupil and 18,063
the treasurer of the board of education of the expulsion or 18,064
suspension. The notice shall include the reasons for the 18,065
expulsion or suspension, notification of the right of the pupil 18,066
or the pupil's parent, guardian, or custodian to appeal the 18,067
expulsion or suspension to the board of education or to its 18,068
designee, to be represented in all appeal proceedings, to be 18,069
granted a hearing before the board or its designee in order to be 18,070
heard against the suspension or expulsion, and to request that 18,071
the hearing be held in executive session, notification that the 18,072
expulsion may be subject to extension pursuant to division (F) of 18,073
this section if the pupil is sixteen years of age or older, and 18,074
notification that the superintendent may seek the pupil's 18,075
permanent exclusion if the suspension or expulsion was based on a 18,076
violation listed in division (A) of section 3313.662 of the 18,077
Revised Code that was committed when the child was sixteen years 18,078
of age or older and if the pupil is convicted of or adjudicated a 18,079
delinquent child for that violation. 18,080
Any superintendent expelling a pupil under this section for 18,082
more than twenty school days or for any period of time if the 18,083
expulsion will extend into the following semester or school year 18,084
shall, in the notice required under this division, provide the 18,085
pupil and the pupil's parent, guardian, or custodian with 18,086
information about services or programs offered by public and 18,088
private agencies that work toward improving those aspects of the 18,089
pupil's attitudes and behavior that contributed to the incident 18,090
that gave rise to the pupil's expulsion. The information shall 18,091
include the names, addresses, and phone numbers of the 18,092
appropriate public and private agencies. 18,093
426
(E) A pupil or the pupil's parent, guardian, or custodian 18,095
may appeal the pupil's expulsion by a superintendent or 18,097
suspension by a superintendent, principal, assistant principal, 18,099
or other administrator to the board of education or to its 18,100
designee. The pupil or the pupil's parent, guardian, or 18,101
custodian may be represented in all appeal proceedings and shall 18,103
be granted a hearing before the board or its designee in order to 18,104
be heard against the suspension or expulsion. At the request of 18,105
the pupil or of the pupil's parent, guardian, custodian, or 18,106
attorney, the board or its designee may hold the hearing in 18,107
executive session but shall act upon the suspension or expulsion 18,108
only at a public meeting. The board, by a majority vote of its 18,109
full membership or by the action of its designee, may affirm the 18,110
order of suspension or expulsion, reinstate the pupil, or 18,111
otherwise reverse, vacate, or modify the order of suspension or 18,112
expulsion.
The board or its designee shall make a verbatim record of 18,114
hearings held under this division. The decisions of the board or 18,115
its designee may be appealed under Chapter 2506. of the Revised 18,116
Code. 18,117
This section shall not be construed to require notice and 18,119
hearing in accordance with division (A), (B), or (C) of this 18,120
section in the case of normal disciplinary procedures in which a 18,121
pupil is removed from a curricular activity for a period of less 18,123
than one school day and is not subject to suspension or 18,124
expulsion.
(F)(1) If a pupil is expelled pursuant to division (B) of 18,126
this section for committing any violation listed in division (A) 18,127
of section 3313.662 of the Revised Code and the pupil was sixteen 18,129
years of age or older at the time of committing the violation, if 18,130
a complaint OR INDICTMENT is filed pursuant to section 2151.27 of 18,132
the Revised Code alleging that the pupil is a delinquent child 18,133
based upon the commission of the violation or the pupil is 18,134
prosecuted as an adult for the commission of the violation, and 18,135
427
if the resultant juvenile court or criminal proceeding is pending 18,136
at the time that the expulsion terminates, the superintendent of 18,137
schools that expelled the pupil may file a motion with the court 18,138
in which the proceeding is pending requesting an order extending 18,139
the expulsion for the lesser of an additional eighty days or the 18,140
number of school days remaining in the school year. Upon the 18,141
filing of the motion, the court immediately shall schedule a 18,142
hearing and give written notice of the time, date, and location 18,143
of the hearing to the superintendent and to the pupil and the 18,144
pupil's parent, guardian, or custodian. At the hearing, the 18,146
court shall determine whether there is reasonable cause to 18,147
believe that the pupil committed the alleged violation that is 18,148
the basis of the expulsion and, upon determining that reasonable 18,149
cause to believe the pupil committed the violation does exist, 18,150
shall grant the requested extension.
(2) If a pupil has been convicted of or adjudicated a 18,152
delinquent child for a violation listed in division (A) of 18,153
section 3313.662 of the Revised Code for an act that was 18,154
committed when the child was sixteen years of age or older, if 18,155
the pupil has been expelled pursuant to division (B) of this 18,156
section for that violation, and if the board of education of the 18,157
school district of the school from which the pupil was expelled 18,159
has adopted a resolution seeking the pupil's permanent exclusion, 18,160
the superintendent may file a motion with the court that
convicted the pupil or adjudicated the pupil a delinquent child 18,162
requesting an order to extend the expulsion until an adjudication 18,163
order or other determination regarding permanent exclusion is 18,164
issued by the superintendent of public instruction pursuant to 18,165
section 3301.121 and division (D) of section 3313.662 of the 18,166
Revised Code. Upon the filing of the motion, the court 18,167
immediately shall schedule a hearing and give written notice of 18,168
the time, date, and location of the hearing to the superintendent 18,169
of the school district, the pupil, and the pupil's parent, 18,170
guardian, or custodian. At the hearing, the court shall 18,171
428
determine whether there is reasonable cause to believe the 18,172
pupil's continued attendance in the public school system may 18,173
endanger the health and safety of other pupils or school 18,174
employees and, upon making that determination, shall grant the 18,175
requested extension.
(G) The failure of the superintendent or the board of 18,177
education to provide the information regarding the possibility of 18,178
permanent exclusion in the notice required by divisions (A), (B), 18,179
and (D) of this section is not jurisdictional, and the failure 18,180
shall not affect the validity of any suspension or expulsion 18,181
procedure that is conducted in accordance with this section or 18,182
the validity of a permanent exclusion procedure that is conducted 18,183
in accordance with sections 3301.121 and 3313.662 of the Revised 18,184
Code. 18,185
(H) With regard to suspensions and expulsions pursuant to 18,187
divisions (A) and (B) of this section by the board of education 18,188
of any city, exempted village, or local school district, this 18,189
section shall apply to any student, whether or not the student is 18,190
enrolled in the district, attending or otherwise participating in 18,191
any curricular program provided in a school operated by the board 18,192
or provided on any other property owned or controlled by the 18,193
board. 18,194
(I) Whenever a student is expelled under this section, the 18,196
expulsion shall result in removal of the student from the 18,197
student's regular school setting. However, during the period of 18,198
the expulsion, the board of education of the school district that 18,199
expelled the student or any board of education admitting the 18,200
student during that expulsion period may provide educational
services to the student in an alternative setting. 18,201
(J)(1) Notwithstanding section 3313.64 or 3313.65 of the 18,203
Revised Code, any school district, after offering an opportunity 18,206
for a hearing, may temporarily deny admittance to any pupil if 18,207
one of the following applies:
(a) The pupil has been suspended from the schools of 18,209
429
another district under division (A) of this section and the 18,210
period of suspension, as established under that division, has not 18,211
expired;
(b) The pupil has been expelled from the schools of 18,213
another district under division (B) of this section and the 18,214
period of the expulsion, as established under that division or as 18,215
extended under division (F) of this section, has not expired. 18,216
If a pupil is temporarily denied admission under this 18,219
division, the pupil shall be admitted to school in accordance 18,220
with section 3313.64 or 3313.65 of the Revised Code no later than
upon expiration of the suspension or expulsion period, as 18,222
applicable. 18,223
(2) Notwithstanding section 3313.64 or 3313.65 of the 18,225
Revised Code, any school district, after offering an opportunity 18,227
for a hearing, may temporarily deny admittance to any pupil if 18,228
the pupil has been expelled or otherwise removed for disciplinary 18,229
purposes from a public school in another state and the period of 18,230
expulsion or removal has not expired. If a pupil is temporarily 18,231
denied admission under this division, the pupil shall be admitted
to school in accordance with section 3313.64 or 3313.65 of the 18,232
Revised Code no later than the earlier of the following: 18,234
(a) Upon expiration of the expulsion or removal period 18,236
imposed by the out-of-state school; 18,237
(b) Upon expiration of a period established by the 18,239
district, beginning with the date of expulsion or removal from 18,240
the out-of-state school, that is no greater than the period of 18,241
expulsion that the pupil would have received under the policy 18,242
adopted by the district under section 3313.661 of the Revised 18,243
Code had the offense that gave rise to the expulsion or removal 18,245
by the out-of-state school been committed while the pupil was 18,246
enrolled in the district.
(K) As used in this section: 18,248
(1) "Permanently exclude" and "permanent exclusion" have 18,251
the same meanings as in section 3313.662 of the Revised Code. 18,252
430
(2) "In-school suspension" means the pupil will serve all 18,254
of the suspension in a school setting. 18,255
Sec. 3321.22. If the parent, guardian, or other person in 18,264
charge of a child, upon complaint for a failure to cause the 18,265
child to attend school or a part-time school or class, proves 18,266
inability to do so, then such parent, guardian, or other person 18,267
in charge of a child shall be discharged, and thereupon the 18,268
attendance officer shall make complaint before the judge of the
juvenile court of the county that the child is a delinquent child 18,269
or dependent child within the meaning of section 2151.02 2152.02 18,270
or 2151.04 of the Revised Code. Such judge shall hear the 18,272
complaint and if he THE JUDGE determines that the child is a 18,273
delinquent or dependent child within one of such THOSE sections 18,274
he, THE JUDGE shall deal with the child according to section 18,276
2151.35 or 2151.36 of the Revised Code.
Sec. 3321.99. Whoever violates division (A) of section 18,285
3321.38 of the Revised Code shall be fined not less than five nor 18,286
more than twenty dollars IS GUILTY OF FAILURE TO SEND A CHILD TO 18,287
SCHOOL, A MISDEMEANOR OF THE FOURTH DEGREE. 18,288
Sec. 3730.99. (A) Whoever violates division (A), (B), or 18,298
(C) of section 3730.02 or division (A) of section 3730.06 of the 18,299
Revised Code is guilty of a misdemeanor of the fourth degree. 18,300
(B) Whoever violates division (B)(1) or (2) of section 18,302
3730.07 of the Revised Code is guilty of a misdemeanor of the 18,303
first degree.
(C)(1) Whoever violates division (A)(1) of section 3730.07 18,305
of the Revised Code is a delinquent child and is subject to an 18,306
order of disposition under division (A)(8)(a) DIVISIONS (A)(1) 18,307
AND (2) of section 2151.355 2152.20 of the Revised Code, which 18,309
AND THE order of disposition shall require the child to pay a 18,310
fine as described in division (B)(A)(1)(b) of THAT section 18,311
2151.3512 of the Revised Code. 18,313
(2) Whoever violates division (A)(2) of section 3730.07 of 18,315
the Revised Code is a delinquent child and is subject to an order 18,316
431
of disposition under division (A)(8)(a) DIVISIONS (A)(1) AND (2) 18,318
of section 2151.355 2152.20 of the Revised Code, which AND THE 18,320
order of disposition shall require the child to pay a fine as 18,321
described in division (E) (A)(1)(e) of THAT section 2151.3512 of 18,322
the Revised Code. 18,323
Sec. 4109.08. (A) No minor shall be employed unless the 18,332
employer keeps on the premises a complete list of all minors 18,333
employed by the employer at a particular establishment and a 18,334
printed abstract to be furnished by the bureau of employment 18,336
services summarizing the provisions of this chapter.
The list and abstract shall be posted in plain view in a 18,338
conspicuous place which is frequented by the largest number of 18,339
minor employees, and to which all minor employees have access. 18,340
(B) An enforcement official may require any employer, in 18,342
or about whose establishment an employee apparently under 18,343
eighteen years of age is employed and whose age and schooling 18,344
certificate is not filed as required by section 4109.02 of the 18,345
Revised Code, to furnish the enforcement official satisfactory 18,346
evidence that the employee is in fact eighteen years of age or 18,347
older. The enforcement official shall require from the employer, 18,348
unless an over-age certificate issued in accordance with section 18,349
3331.15 of the Revised Code is held by the employee, the same 18,350
evidence of age of the employee as is required by section 3331.02 18,351
of the Revised Code upon the issuance of an age and schooling 18,352
certificate. No employer shall fail to produce the evidence. 18,353
(C) Any employee apparently under eighteen years of age, 18,355
working in any occupation or establishment with respect to which 18,356
there are restrictions by rule or law governing the employment of 18,357
minors, with respect to whom the employer has not furnished 18,358
satisfactory evidence that the person is at or above the age 18,359
required for performance of employment with the employer after 18,360
being requested to do so, and who refuses to give to an 18,361
enforcement official his THE EMPLOYEE'S name, age, and place of 18,362
residence may be taken into custody and charged with being an 18,364
432
unruly child or other appropriate charge under Chapter 2151. OR 18,365
2152. of the Revised Code. 18,366
(D) No person shall, with the intent to assist a minor to 18,368
procure employment, make a false statement to any employer or to 18,369
any person authorized to issue an age and schooling certificate. 18,370
Sec. 5103.03. The department of human services shall adopt 18,379
rules as necessary for the adequate and competent management of 18,381
institutions or associations. Except for facilities under the 18,382
control of the department of youth services, places of detention 18,383
for children established and maintained pursuant to sections 18,384
2151.34 2152.41 to 2151.3415 2152.49 of the Revised Code, and 18,385
child day-care centers subject to Chapter 5104. of the Revised 18,386
Code, the department of human services every two years shall pass 18,387
upon the fitness of every institution and association that 18,388
receives, or desires to receive and care for children, or places 18,389
children in private homes.
When the department of human services is satisfied as to 18,391
the care given such children, and that the requirements of the 18,392
statutes and rules covering the management of such institutions 18,393
and associations are being complied with, it shall issue to the 18,395
institution or association a certificate to that effect. A
certificate is valid for two years, unless sooner revoked by the 18,397
department. When determining whether an institution or
association meets a particular requirement for certification, the 18,398
department may consider the institution or association to have 18,399
met the requirement if the institution or association shows to 18,401
the department's satisfaction that it has met a comparable 18,402
requirement to be accredited by a nationally recognized
accreditation organization. 18,403
The department may issue a temporary certificate valid for 18,405
less than one year authorizing an institution or association to 18,406
operate until minimum requirements have been met. 18,407
The department may revoke a certificate if it finds that 18,409
the institution or association is in violation of law or rule. 18,411
433
No juvenile court shall commit a child to an association or
institution that is required to be certified under this section 18,413
if its certificate has been revoked or, if after revocation, the 18,414
date of reissue is less than fifteen months prior to the proposed 18,416
commitment.
Every two years, on a date specified by the department, 18,418
each institution or association desiring certification or 18,419
recertification shall submit to the department a report showing 18,420
its condition, management, competency to care adequately for the 18,421
children who have been or may be committed to it or to whom it 18,422
provides care or services, the system of visitation it employs 18,423
for children placed in private homes, and other information the 18,424
department requires. 18,425
The department shall, not less than once each year, send a 18,427
list of certified institutions and associations to each juvenile 18,429
court and certified association or institution. 18,430
No person shall receive children or receive or solicit 18,432
money on behalf of such an institution or association not so 18,434
certified or whose certificate has been revoked. 18,435
The department may delegate by rule any duties imposed on 18,438
it by this section to inspect and approve family foster homes and 18,439
treatment foster homes to public children services agencies, 18,440
private child placing agencies, or private noncustodial agencies. 18,441
Sec. 5120.16. (A) Persons sentenced to any institution, 18,450
division, or place under the control of the department of 18,452
rehabilitation and correction are committed to the control, care, 18,453
and custody of the department. Subject to division (B) of this 18,454
section, the director of rehabilitation and correction or the 18,455
director's designee may direct that persons sentenced to the 18,456
department, or to any institution or place within the department, 18,457
shall be conveyed initially to an appropriate facility 18,458
established and maintained by the department for reception, 18,459
examination, observation, and classification of the persons so 18,460
sentenced. If a presentence investigation report was not 18,461
434
prepared pursuant to section 2947.06 or 2951.03 of the Revised 18,462
Code or Criminal Rule 32.2 regarding any person sentenced to the 18,463
department or to any institution or place within the department, 18,464
the director or the director's designee may order the
department's field staff to conduct an offender background 18,465
investigation and prepare an offender background investigation 18,466
report regarding the person. The investigation and report shall 18,467
be conducted in accordance with division (A) of section 2951.03 18,468
of the Revised Code and the report shall contain the same 18,469
information as a presentence investigation report prepared 18,470
pursuant to that section. 18,471
When the examination, observation, and classification of 18,473
the person have been completed by the facility and a written 18,474
report of the examination, observation, and classification is 18,475
filed with the commitment papers, the director or the director's 18,476
designee, subject to division (B) of this section, shall assign 18,477
the person to a suitable state institution or place maintained by 18,478
the state within the director's department or shall designate 18,479
that the person is to be housed in a county, multicounty, 18,480
municipal, municipal-county, or multicounty-municipal jail or 18,481
workhouse, if authorized by section 5120.161 of the Revised Code,
there to be confined, cared for, treated, trained, and 18,482
rehabilitated until paroled, released in accordance with section 18,483
2929.20, 2967.26, or 2967.28 of the Revised Code, or otherwise 18,485
released under the order of the court that imposed the person's 18,486
sentence. No person committed by a probate court, a trial court 18,487
pursuant to section 2945.40, 2945.401, or 2945.402 of the Revised 18,488
Code subsequent to a finding of not guilty by reason of insanity, 18,489
or a juvenile court shall be assigned to a state correctional 18,490
institution.
If a person is sentenced, committed, or assigned for the 18,492
commission of a felony to any one of the institutions or places 18,493
maintained by the department or to a county, multicounty, 18,494
municipal, municipal-county, or multicounty-municipal jail or 18,495
435
workhouse, the department, by order duly recorded and subject to 18,496
division (B) of this section, may transfer the person to any 18,497
other institution, or, if authorized by section 5120.161 of the 18,498
Revised Code, to a county, multicounty, municipal, 18,499
municipal-county, or multicounty-municipal jail or workhouse. 18,500
(B) If the case of a child who is alleged to be a 18,502
delinquent child is transferred for criminal prosecution to the 18,503
appropriate court having jurisdiction of the offense pursuant to 18,504
division (B) or (C) of section 2151.26 2152.12 of the Revised 18,505
Code, if the child is convicted of or pleads guilty to a felony 18,507
in that case, if the child is sentenced to a prison term, as 18,508
defined in section 2901.01 of the Revised Code, and if the child 18,509
is under eighteen years of age when delivered to the custody of 18,510
the department of rehabilitation and correction, all of the 18,511
following apply regarding the housing of the child: 18,512
(1) Until the child attains eighteen years of age, subject 18,514
to divisions (B)(2), (3), and (4) of this section, the department 18,516
shall house the child in a housing unit in a state correctional
institution separate from inmates who are eighteen years of age 18,517
or older. 18,518
(2) The department is not required to house the child in 18,520
the manner described in division (B)(1) of this section if the 18,522
child does not observe the rules and regulations of the
institution or the child otherwise creates a security risk by 18,523
being housed separately.
(3) If the department receives too few inmates who are 18,525
under eighteen years of age to fill a housing unit in a state 18,526
correctional institution separate from inmates who are eighteen 18,527
years of age or older, as described in division (B)(1) of this 18,528
section, the department may house the child in a housing unit in 18,529
a state correctional institution that includes both inmates who 18,530
are under eighteen years of age and inmates who are eighteen 18,531
years of age or older and under twenty-one years of age. 18,532
(4) Upon the child's attainment of eighteen years of age, 18,534
436
the department may house the child with the adult population of 18,535
the state correctional institution. 18,536
(C) The director or the director's designee shall develop 18,538
a policy for dealing with problems related to infection with the 18,539
human immunodeficiency virus. The policy shall include methods 18,540
of identifying individuals committed to the custody of the 18,541
department who are at high risk of infection with the virus and 18,542
counseling those individuals. 18,543
Arrangements for housing individuals diagnosed as having 18,545
AIDS or an AIDS-related condition shall be made by the department 18,547
based on security and medical considerations and in accordance
with division (B) of this section, if applicable. 18,548
Sec. 5120.172. A minor whose case is transferred for 18,557
criminal prosecution pursuant to section 2151.26 2152.12 of the 18,558
Revised Code, who is prosecuted as an adult and is convicted of 18,560
or pleads guilty to one or more offenses in that case, and who is 18,561
sentenced to a prison term or term of imprisonment in a state 18,562
correctional institution for one or more of those offenses shall 18,563
be considered emancipated for the purpose of consenting to 18,565
medical treatment while confined in the state correctional 18,566
institution.
Sec. 5139.01. (A) As used in this chapter: 18,575
(1) "Commitment" means the transfer of the physical 18,577
custody of a child or youth from the court to the department of 18,578
youth services. 18,579
(2) "Permanent commitment" means a commitment that vests 18,581
legal custody of a child in the department of youth services. 18,582
(3) "Legal custody," insofar as it pertains to the status 18,584
that is created when a child is permanently committed to the 18,585
department of youth services, means a legal status in which the 18,586
department has the following rights and responsibilities: the 18,587
right to have physical possession of the child; the right and 18,588
duty to train, protect, and control the child; the responsibility 18,590
to provide the child with food, clothing, shelter, education, and 18,592
437
medical care; and the right to determine where and with whom the 18,593
child shall live, subject to the minimum periods of, or periods 18,595
of, institutional care prescribed in section 2151.355 SECTIONS 18,597
2152.13 TO 2152.18 of the Revised Code; provided, that these 18,599
rights and responsibilities are exercised subject to the powers, 18,600
rights, duties, and responsibilities of the guardian of the 18,601
person of the child, and subject to any residual parental rights 18,602
and responsibilities.
(4) Unless the context requires a different meaning, 18,604
"institution" means a state facility that is created by the 18,605
general assembly and that is under the management and control of 18,606
the department of youth services or a private entity with which 18,607
the department has contracted for the institutional care and 18,608
custody of felony delinquents.
(5) "Full-time care" means care for twenty-four hours a 18,610
day for over a period of at least two consecutive weeks. 18,611
(6) "Placement" means the conditional release of a child 18,613
under the terms and conditions that are specified by the 18,614
department of youth services. The department shall retain legal 18,615
custody of a child released pursuant to division (C) of section 18,616
2151.38 2152.22 of the Revised Code or division (C) of section 18,617
5139.06 of the Revised Code until the time that it discharges the 18,619
child or until the legal custody is terminated as otherwise 18,620
provided by law. 18,621
(7) "Home placement" means the placement of a child in the 18,623
home of the child's parent or parents or in the home of the 18,624
guardian of the child's person. 18,626
(8) "Discharge" means that the department of youth 18,628
services' legal custody of a child is terminated. 18,629
(9) "Release" means the termination of a child's stay in 18,631
an institution and the subsequent period during which the child 18,632
returns to the community under the terms and conditions of 18,633
supervised release.
(10) "Delinquent child" has the same meaning as in section 18,635
438
2151.02 2152.02 of the Revised Code. 18,636
(11) "Felony delinquent" means any child who is at least 18,638
twelve years of age but less than eighteen years of age and who 18,639
is adjudicated a delinquent child for having committed an act 18,640
that if committed by an adult would be a felony. "Felony 18,641
delinquent" includes any adult who is between the ages of 18,642
eighteen and twenty-one and who is in the legal custody of the 18,643
department of youth services for having committed an act that if 18,644
committed by an adult would be a felony. 18,645
(12) "Juvenile traffic offender" has the same meaning as 18,647
in section 2151.021 2152.02 of the Revised Code. 18,648
(13) "Public safety beds" means all of the following: 18,650
(a) Felony delinquents who have been committed to the 18,652
department of youth services for the commission of an act, other 18,653
than a violation of section 2911.01 or 2911.11 of the Revised 18,654
Code, that is a category one offense or a category two offense 18,655
and who are in the care and custody of an institution or have 18,656
been diverted from care and custody in an institution and placed 18,657
in a community corrections facility; 18,658
(b) Felony delinquents who, while committed to the 18,660
department of youth services and in the care and custody of an 18,661
institution or a community corrections facility, are adjudicated 18,662
delinquent children for having committed in that institution or 18,665
community corrections facility an act that if committed by an 18,666
adult would be a felony;
(c) Children who satisfy all of the following: 18,668
(i) They are at least twelve years of age but less than 18,671
eighteen years of age.
(ii) They are adjudicated delinquent children for having 18,674
committed acts that if committed by an adult would be a felony. 18,675
(iii) They are committed to the department of youth 18,678
services by the juvenile court of a county that has had one-tenth 18,679
of one per cent or less of the statewide adjudications for felony 18,680
delinquents as averaged for the past four fiscal years. 18,682
439
(iv) They are in the care and custody of an institution or 18,684
a community corrections facility. 18,685
(d) Felony delinquents who, while committed to the 18,687
department of youth services and in the care and custody of an 18,688
institution, commit in that institution an act that if committed 18,689
by an adult would be a felony, who are serving disciplinary time 18,690
for having committed that act, and who have been 18,692
institutionalized or institutionalized in a secure facility for 18,693
the minimum period of time specified in division (A)(4) or (5) 18,694
DIVISIONS (A)(1)(b) TO (f) of section 2151.355 2152.16 of the 18,695
Revised Code.
(e) Felony delinquents who are subject to and serving a 18,697
three-year period of commitment order imposed by a juvenile court 18,698
pursuant to division (A)(7) DIVISIONS (A) AND (B) of section 18,700
2151.355 2152.17 of the Revised Code for an act, other than a 18,701
violation of section 2911.11 of the Revised Code, that would be a 18,702
category one offense or category two offense if committed by an 18,703
adult.
(f) Felony delinquents who are described in divisions 18,705
(A)(13)(a) to (e) of this section, who have been granted a 18,707
judicial release TO COURT SUPERVISION under division (B) of 18,709
section 2151.38 2152.22 of the Revised Code or an early A 18,710
JUDICIAL release TO THE DEPARTMENT OF YOUTH SERVICES under 18,711
division (C) of that section from the commitment to the 18,713
department of youth services for the act described in divisions 18,714
(A)(13)(a) to (e) of this section, who have violated the terms 18,715
and conditions of that judicial release or early release, and 18,716
who, pursuant to an order of the court of the county in which the 18,717
particular felony delinquent was placed on release that is issued 18,718
pursuant to division (D) of section 2151.38 2152.22 of the 18,720
Revised Code, have been returned to the department for 18,721
institutionalization or institutionalization in a secure 18,722
facility.
(g) Felony delinquents who have been committed to the 18,725
440
custody of the department of youth services, who have been 18,726
granted supervised release from the commitment pursuant to 18,727
section 5139.51 of the Revised Code, who have violated the terms 18,729
and conditions of that supervised release, and who, pursuant to 18,730
an order of the court of the county in which the particular child 18,731
was placed on supervised release issued pursuant to division (F) 18,732
of section 5139.52 of the Revised Code, have had the supervised 18,733
release revoked and have been returned to the department for 18,734
institutionalization. A felony delinquent described in this 18,735
division shall be a public safety bed only for the time during 18,736
which the felony delinquent is institutionalized as a result of 18,737
the revocation subsequent to the initial thirty-day period of 18,738
institutionalization required by division (F) of section 5139.52 18,739
of the Revised Code. 18,740
(14) "State target youth" means twenty-five per cent of 18,742
the projected total number of felony delinquents for each year of 18,743
a biennium, factoring in revocations and recommitments. 18,744
(15) Unless the context requires a different meaning, 18,746
"community corrections facility" means a county or multicounty 18,747
rehabilitation center for felony delinquents who have been 18,748
committed to the department of youth services and diverted from 18,749
care and custody in an institution and placed in the 18,750
rehabilitation center pursuant to division (E) of section 5139.36 18,751
of the Revised Code. 18,752
(16) "Secure facility" means any facility that is designed 18,754
and operated to ensure that all of its entrances and exits are 18,755
under the exclusive control of its staff and to ensure that, 18,756
because of that exclusive control, no child who has been 18,757
institutionalized in the facility may leave the facility without
permission or supervision. 18,758
(17) "Community residential program" means a program that 18,760
satisfies both of the following: 18,761
(a) It is housed in a building or other structure that has 18,763
no associated major restraining construction, including, but not 18,764
441
limited to, a security fence. 18,765
(b) It provides twenty-four-hour care, supervision, and 18,767
programs for felony delinquents who are in residence. 18,768
(18)(a) "Category one offense" and "category MEANS ANY OF 18,770
THE FOLLOWING: 18,771
(i) A VIOLATION OF SECTION 2903.01 OR 2903.02 OF THE 18,773
REVISED CODE;
(ii) A VIOLATION OF SECTION 2923.02 OF THE REVISED CODE 18,775
INVOLVING AN ATTEMPT TO COMMIT AGGRAVATED MURDER OR MURDER. 18,776
(b) "CATEGORY two offense" have the same meanings as in 18,779
section 2151.26 of the Revised Code MEANS ANY OF THE FOLLOWING: 18,780
(i) A VIOLATION OF SECTION 2903.03, 2905.01, 2907.02, 18,782
2909.02, 2911.01, OR 2911.11 OF THE REVISED CODE; 18,783
(ii) A VIOLATION OF SECTION 2903.04 OF THE REVISED CODE 18,785
THAT IS A FELONY OF THE FIRST DEGREE; 18,786
(iii) A VIOLATION OF SECTION 2907.12 OF THE REVISED CODE 18,788
AS IT EXISTED PRIOR TO SEPTEMBER 3, 1996. 18,789
(19) "Disciplinary time" means additional time that the 18,792
department of youth services requires A PERSON SUBJECT TO AN 18,793
EXTENDED JUVENILE JURISDICTION DISPOSITION OR a felony delinquent 18,794
to serve in an institution, that delays the PERSON'S OR felony 18,795
delinquent's planned release, and that the department imposes 18,797
upon the PERSON OR felony delinquent following the conduct of an 18,798
internal due process hearing for having committed any of the 18,799
following acts while committed to the department and in the care 18,800
and custody of an institution: 18,801
(a) An act that if committed by an adult would be a 18,804
felony;
(b) An act that if committed by an adult would be a 18,807
misdemeanor;
(c) An act that is not described in division (A)(19)(a) or 18,810
(b) of this section and that violates an institutional rule of 18,811
conduct of the department.
(20) "Unruly child" has the same meaning as in section 18,813
442
2151.022 of the Revised Code. 18,814
(21) "Revocation" means the act of revoking a child's 18,816
supervised release for a violation of a term or condition of the 18,817
child's supervised release in accordance with section 5139.52 of 18,819
the Revised Code.
(22) "Release authority" means the release authority of 18,822
the department of youth services that is established by section
5139.50 of the Revised Code. 18,823
(23) "Supervised release" means the event of the release 18,826
of a child under this chapter from an institution and the period
after that release during which the child is supervised and 18,827
assisted by an employee of the department of youth services under 18,828
specific terms and conditions for reintegration of the child into 18,829
the community.
(24) "Victim" means the person identified in a police 18,831
report, complaint, or information as the victim of an act that 18,833
would have been a criminal offense if committed by an adult and 18,834
that provided the basis for adjudication proceedings resulting in 18,835
a child's commitment to the legal custody of the department of 18,836
youth services.
(25) "Victim's representative" means a member of the 18,838
victim's family or another person whom the victim or another 18,839
authorized person designates in writing, pursuant to section 18,841
5139.56 of the Revised Code, to represent the victim with respect 18,842
to proceedings of the release authority of the department of 18,843
youth services and with respect to other matters specified in 18,844
that section.
(26) "Member of the victim's family" means a spouse, 18,846
child, stepchild, sibling, parent, stepparent, grandparent, other 18,847
relative, or legal guardian of a child but does not include a 18,848
person charged with, convicted of, or adjudicated a delinquent 18,849
child for committing a criminal or delinquent act against the 18,850
victim or another criminal or delinquent act arising out of the 18,852
same conduct, criminal or delinquent episode, or plan as the
443
criminal or delinquent act committed against the victim. 18,853
(27) "Judicial release TO COURT SUPERVISION" means a 18,855
release of a child from institutional care or institutional care 18,857
in a secure facility that is granted by a court pursuant to 18,858
division (B) of section 2151.38 2152.22 of the Revised Code 18,859
during the period specified in that division. 18,861
(28) "Early JUDICIAL release TO DEPARTMENT OF YOUTH 18,863
SERVICES SUPERVISION" means a release of a child from 18,864
institutional care or institutional care in a secure facility 18,865
that is granted by a court pursuant to division (C) of section 18,866
2151.38 2152.22 of the Revised Code during the period specified 18,868
in that division.
(B) There is hereby created the department of youth 18,870
services. The governor shall appoint the director of the 18,871
department with the advice and consent of the senate. The 18,872
director shall hold office during the term of the appointing 18,873
governor but subject to removal at the pleasure of the governor. 18,874
Except as otherwise authorized in section 108.05 of the Revised 18,875
Code, the director shall devote the director's entire time to the 18,877
duties of the director's office and shall hold no other office or 18,878
position of trust or profit during the director's term of office. 18,880
The director is the chief executive and administrative 18,882
officer of the department and has all the powers of a department 18,883
head set forth in Chapter 121. of the Revised Code. The director 18,885
may adopt rules for the government of the department, the conduct 18,886
of its officers and employees, the performance of its business, 18,887
and the custody, use, and preservation of the department's 18,888
records, papers, books, documents, and property. The director 18,889
shall be an appointing authority within the meaning of Chapter 18,890
124. of the Revised Code. Whenever this or any other chapter or 18,891
section of the Revised Code imposes a duty on or requires an 18,892
action of the department, the duty or action shall be performed 18,893
by the director or, upon the director's order, in the name of the 18,894
department. 18,895
444
Sec. 5139.04. The department of youth services shall do 18,904
all of the following: 18,905
(A) Support service districts through a central 18,907
administrative office that shall have as its administrative head 18,908
a deputy director who shall be appointed by the director of the 18,909
department. When a vacancy occurs in the office of that deputy 18,910
director, an assistant deputy director shall act as that deputy 18,912
director until the vacancy is filled. The position of deputy 18,913
director and assistant deputy director described in this division 18,914
shall be in the unclassified civil service of the state. 18,916
(B) Receive custody of all children committed to it under 18,918
Chapter 2151. 2152. of the Revised Code, cause a study to be made 18,920
of those children, and issue any orders, as it considers best 18,921
suited to the needs of any of those children and the interest of 18,922
the public, for the treatment of each of those children; 18,923
(C) Obtain personnel necessary for the performance of its 18,925
duties; 18,926
(D) Train or provide for training of probation and youth 18,928
correction workers; 18,929
(E) Adopt rules that regulate its organization and 18,932
operation, that implement sections 5139.34 and 5139.41 to 5139.45 18,933
of the Revised Code, and that pertain to the administration of 18,934
other sections of this chapter; 18,936
(F) Submit reports of its operations to the governor and 18,938
the general assembly by the thirty-first day of January of each 18,939
odd-numbered year; 18,940
(G) Conduct a program of research in diagnosis, training, 18,942
and treatment of delinquent children to evaluate the 18,943
effectiveness of the department's services and to develop more 18,944
adequate methods; 18,945
(H) Receive reports from the juvenile courts under 18,947
division (C)(3)(b) of section 5139.43 of the Revised Code and 18,948
prepare an annual report of state juvenile court statistics and 18,949
information based upon those reports. The department shall make 18,950
445
available a copy of the annual report to the governor and members 18,951
of the general assembly upon request. 18,952
(I) Develop a standard form for the disposition 18,954
investigation report that a juvenile court is required pursuant 18,956
to section 2151.355 2152.18 of the Revised Code to complete and 18,958
provide to the department when the court commits a child to the 18,959
legal custody of the department;
(J) Do all other acts necessary or desirable to carry out 18,961
this chapter. 18,962
Sec. 5139.05. (A) The juvenile court may commit any child 18,971
to the department of youth services permanently as authorized in 18,972
section 2151.355 CHAPTER 2152. of the Revised Code, provided that 18,974
any child so committed shall be at least twelve TEN years of age 18,975
at the time of the child's commitment DELINQUENT ACT. Any order 18,977
to commit a child to an institution under the control and 18,980
management of the department shall have the effect of ordering 18,981
that the child be committed to the department and assigned to an 18,982
institution as follows:
(1) For an indefinite term consisting of the prescribed 18,985
minimum period of time JUDICIAL CONTROL SET BY THE COURT and a 18,986
maximum period not to exceed the child's attainment of twenty-one 18,987
years of age, if the child was committed pursuant to division 18,988
(A)(4) or (5) of section 2151.355 2152.12 of the Revised Code; 18,989
(2) Until the child's attainment of twenty-one years of 18,991
age, if the child was committed FOR AGGRAVATED MURDER OR MURDER 18,993
pursuant to division (A)(6) of that section 2152.12 OR 2152.15 OF 18,994
THE REVISED CODE;
(3) For a period of commitment that shall be in addition 18,996
to, and shall be served consecutively with and prior to, a period 18,997
of commitment described in division (A)(1) or (2) of this 18,998
section, if the child was committed pursuant to division (A)(7) 18,999
of section 2151.355 2152.17 of the Revised Code; 19,002
(4) For any period of commitment imposed under division 19,004
(A)(7) of section 2151.355 of the Revised Code and for 19,007
446
consecutive periods of commitment as described in division (A)(1) 19,008
or (2) of this section, if the child was the subject of a 19,009
consecutive periods of commitment order issued by the court 19,010
pursuant to division (B)(2) of section 2151.355 of the Revised 19,011
Code FOR AN INDEFINITE TERM CONSISTING OF THE PRESCRIBED MINIMUM 19,012
PERIOD OF TIME AND A MAXIMUM PERIOD NOT TO EXCEED THE CHILD'S 19,013
ATTAINMENT OF TWENTY-FIVE YEARS OF AGE, IF AN EXTENDED JUVENILE 19,015
JURISDICTION DISPOSITION WAS IMPOSED ON THE CHILD UNDER SECTIONS 19,016
2152.13 AND 2152.15 OF THE REVISED CODE. 19,017
(B)(1) The release authority of the department of youth 19,019
services, in accordance with section 5139.51 of the Revised Code 19,020
AND AT ANY TIME AFTER THE END OF THE PERIOD OF JUDICIAL CONTROL 19,021
IMPOSED UNDER SECTION 2152.12 OR 2152.13 OF THE REVISED CODE, may 19,022
grant the release from institutionalization CUSTODY of any child 19,024
committed to the department. 19,025
The order committing a child to the department of youth 19,027
services shall state that the child has been adjudicated a 19,028
delinquent child and that STATE THE PERIOD OF JUDICIAL CONTROL 19,029
OVER the commitment is permanent UNDER SECTION 2152.12 OR 2152.13 19,031
OF THE REVISED CODE. The jurisdiction of the court terminates at 19,032
the time of the commitment END OF THE PERIOD OF JUDICIAL CONTROL 19,033
except in AS FOLLOWS: 19,034
(a) IN relation to procedures for the judicial release or 19,037
early release of children from institutionalization or 19,039
institutionalization in a secure facility and hearings conducted 19,041
relative to judicial release or early release; except in relation 19,044
to its authority to add additional consistent terms and 19,045
conditions regarding early release that are not prohibited under 19,046
division (C)(2) of section 2151.38 of the Revised Code; except in 19,048
relation to its authority to add additional terms and conditions 19,049
regarding judicial release; except in relation to hearings 19,052
conducted relative to violations of the terms and conditions of a 19,053
judicial release or early release; except in relation to the 19,055
functions of the court related to the granting of supervised 19,056
447
release, with respect to violations of supervised release, and 19,057
with PROCEDURES, SUPERVISION, AND VIOLATIONS; 19,058
(b) WITH respect to functions of the court related to the 19,061
revocation of supervised release that are specified in sections 19,063
5139.51 and 5139.52 of the Revised Code; and except that the 19,066
department may petition the court for an order terminating its 19,067
custody. When 19,068
(c) IN RELATION TO ITS DUTIES RELATING TO SERIOUS YOUTHFUL 19,070
OFFENDER DISPOSITIONAL SENTENCES UNDER SECTIONS 2152.13 AND 19,071
2152.14 OF THE REVISED CODE;
(d) IN RELATION TO ITS DUTIES RELATING TO EXTENDED 19,073
JUVENILE JURISDICTION DISPOSITIONS UNDER SECTION 2152.15 OF THE 19,074
REVISED CODE.
(2) WHEN a child has been committed permanently to the 19,076
department UNDER SECTION 2152.12 OR 2152.13 OF THE REVISED CODE, 19,077
the department shall retain legal custody of the child until the 19,078
time that it terminates its legal custody of the child by 19,080
discharging ONE OF THE FOLLOWING: 19,081
(a) THE DEPARTMENT DISCHARGES the child to the exclusive 19,083
management, control, and custody of the child's parent or the 19,085
guardian of the child's person or, if the child is eighteen years 19,086
of age or older, by discharging DISCHARGES the child, until the. 19,087
(b) THE committing court, upon its own motion, upon 19,090
petition of the parent, guardian of the person, or next friend of 19,091
a child, or upon petition of the department, terminates the 19,092
department's legal custody of the child, until the. 19,093
(c) THE committing court grants the child a judicial 19,096
release TO COURT SUPERVISION under division (B) of section 19,097
2151.38 2152.22 of the Revised Code, or until the. 19,098
(d) THE department's legal custody of the child is 19,101
terminated automatically by the child attaining twenty-one years 19,102
of age.
(e) IF THE CHILD IS SUBJECT TO A SERIOUS YOUTHFUL OFFENDER 19,104
DISPOSITIONAL SENTENCE, THE ADULT PORTION OF THAT DISPOSITIONAL 19,105
448
SENTENCE IS IMPOSED UNDER SECTION 2152.14 OF THE REVISED CODE. 19,106
(f) IF THE CHILD IS SUBJECT TO AN EXTENDED JUVENILE 19,108
JURISDICTION DISPOSITION, THE DEPARTMENT'S LEGAL CUSTODY OF THE 19,109
CHILD IS TERMINATED AUTOMATICALLY BY THE CHILD'S ATTAINMENT OF 19,110
TWENTY-FIVE YEARS OF AGE.
(C) When a child is committed to the department of youth 19,112
services, the department may assign the child to a hospital for 19,113
mental, physical, and other examination, inquiry, or treatment 19,114
for the period of time that is necessary. The department may 19,115
remove any child in its custody to a hospital for observation, 19,116
and a complete report of every observation at the hospital shall 19,118
be made in writing and shall include a record of observation, 19,119
treatment, and medical history and a recommendation for future 19,120
treatment, custody, and maintenance. The department shall 19,121
thereupon order the placement and treatment that it determines to 19,122
be most conducive to the purposes of Chapters 2151. and 5139. of 19,123
the Revised Code. The committing court and all public 19,124
authorities shall make available to the department all pertinent 19,125
data in their possession with respect to the case.
(D) Records maintained by the department of youth services 19,127
pertaining to the children in its custody shall be accessible 19,128
only to department employees, except by consent of the department 19,129
or upon the order of the judge of a court of record. These 19,130
records shall not be considered "public records," as defined in 19,131
section 149.43 of the Revised Code. 19,132
Except as otherwise provided by a law of this state or the 19,134
United States, the department of youth services may release 19,135
records that are maintained by the department of youth services 19,136
and that pertain to children in its custody to the department of 19,137
rehabilitation and correction regarding persons who are under the 19,138
jurisdiction of the department of rehabilitation and correction 19,139
and who have previously been committed to the department of youth
services. The department of rehabilitation and correction may 19,140
use those records for the limited purpose of carrying out the 19,141
449
duties of the department of rehabilitation and correction. 19,142
Records released by the department of youth services to the 19,143
department of rehabilitation and correction shall remain
confidential and shall not be considered public records as 19,144
defined in section 149.43 of the Revised Code. 19,145
(E)(1) When a child is committed to the department of 19,147
youth services, the department, orally or in writing, shall 19,148
notify the parent, guardian, or custodian of a child that the 19,149
parent, guardian, or custodian may request at any time from the 19,150
superintendent of the institution in which the child is located 19,151
any of the information described in divisions (E)(1)(a), (b), 19,152
(c), and (d) of this section. The parent, guardian, or custodian 19,153
may provide the department with the name, address, and telephone 19,154
number of the parent, guardian, or custodian, and, until the 19,155
department is notified of a change of name, address, or telephone 19,156
number, the department shall use the name, address, and telephone 19,157
number provided by the parent, guardian, or custodian to provide 19,158
notices or answer inquiries concerning the following information: 19,159
(a) When the department of youth services makes a 19,161
permanent assignment of the child to a facility, the department, 19,162
orally or in writing and on or before the third business day 19,163
after the day the permanent assignment is made, shall notify the 19,164
parent, guardian, or custodian of the child of the name of the 19,165
facility to which the child has been permanently assigned. 19,166
If a parent, guardian, or custodian of a child who is 19,168
committed to the department of youth services requests, orally or 19,169
in writing, the department to provide the parent, guardian, or 19,170
custodian with the name of the facility in which the child is 19,172
currently located, the department, orally or in writing and on or 19,173
before the next business day after the day on which the request 19,174
is made, shall provide the name of that facility to the parent, 19,175
guardian, or custodian.
(b) If a parent, guardian, or custodian of a child who is 19,177
committed to the department of youth services, orally or in 19,178
450
writing, asks the superintendent of the institution in which the 19,179
child is located whether the child is being disciplined by the 19,180
personnel of the institution, what disciplinary measure the 19,181
personnel of the institution are using for the child, or why the 19,182
child is being disciplined, the superintendent or the 19,183
superintendent's designee, on or before the next business day 19,185
after the day on which the request is made, shall provide the 19,186
parent, guardian, or custodian with written or oral responses to 19,187
the questions.
(c) If a parent, guardian, or custodian of a child who is 19,189
committed to the department of youth services, orally or in 19,190
writing, asks the superintendent of the institution in which the 19,191
child is held whether the child is receiving any medication from 19,192
personnel of the institution, what type of medication the child 19,193
is receiving, or what condition of the child the medication is 19,194
intended to treat, the superintendent or the superintendent's 19,196
designee, on or before the next business day after the day on 19,197
which the request is made, shall provide the parent, guardian, or 19,198
custodian with oral or written responses to the questions. 19,199
(d) When a major incident occurs with respect to a child 19,201
who is committed to the department of youth services, the 19,202
department, as soon as reasonably possible after the major 19,203
incident occurs, shall notify the parent, guardian, or custodian 19,204
of the child that a major incident has occurred with respect to 19,205
the child and of all the details of that incident that the 19,206
department has ascertained. 19,207
(2) The failure of the department of youth services to 19,209
provide any notification required by or answer any requests made 19,210
pursuant to division (E) of this section does not create a cause 19,211
of action against the state. 19,212
(F) The department of youth services, as a means of 19,214
punishment while the child is in its custody, shall not prohibit 19,215
a child who is committed to the department from seeing that 19,216
child's parent, guardian, or custodian during standard visitation 19,217
451
periods allowed by the department of youth services unless the 19,218
superintendent of the institution in which the child is held 19,219
determines that permitting that child to visit with the child's 19,221
parent, guardian, or custodian would create a safety risk to that 19,222
child, that child's parents, guardian, or custodian, the 19,223
personnel of the institution, or other children held in that 19,224
institution.
(G) As used in this section: 19,226
(1) "Permanent assignment" means the assignment or 19,228
transfer for an extended period of time of a child who is 19,229
committed to the department of youth services to a facility in 19,230
which the child will receive training or participate in 19,231
activities that are directed toward the child's successful 19,232
rehabilitation. "Permanent assignment" does not include the 19,233
transfer of a child to a facility for early JUDICIAL release 19,234
hearings pursuant to section 2151.38 2152.22 of the Revised Code 19,236
or for any other temporary assignment or transfer to a facility. 19,238
(2) "Major incident" means the escape or attempted escape 19,240
of a child who has been committed to the department of youth 19,241
services from the facility to which the child is assigned; the 19,242
return to the custody of the department of a child who has 19,243
escaped or otherwise fled the custody and control of the 19,244
department without authorization; the allegation of any sexual 19,245
activity with a child committed to the department; physical 19,246
injury to a child committed to the department as a result of 19,247
alleged abuse by department staff; an accident resulting in 19,248
injury to a child committed to the department that requires 19,249
medical care or treatment outside the institution in which the 19,250
child is located; the discovery of a controlled substance upon 19,251
the person or in the property of a child committed to the 19,252
department; a suicide attempt by a child committed to the 19,253
department; a suicide attempt by a child committed to the 19,254
department that results in injury to the child requiring 19,255
emergency medical services outside the institution in which the 19,256
452
child is located; the death of a child committed to the 19,257
department; an injury to a visitor at an institution under the 19,258
control of the department that is caused by a child committed to 19,259
the department; and the commission or suspected commission of an 19,260
act by a child committed to the department that would be an 19,261
offense if committed by an adult. 19,262
(3) "Sexual activity" has the same meaning as in section 19,264
2907.01 of the Revised Code. 19,265
(4) "Controlled substance" has the same meaning as in 19,267
section 3719.01 of the Revised Code. 19,268
Sec. 5139.06. (A) When a child has been committed to the 19,277
department of youth services, it THE DEPARTMENT shall do both of 19,278
the following: 19,279
(1) Place the child in an appropriate institution under 19,281
the condition that it considers best designed for the training 19,282
and rehabilitation of the child and the protection of the public, 19,283
provided that the institutional placement shall be consistent 19,284
with the order committing the child to its custody; 19,285
(2) Maintain the child in institutional care or 19,287
institutional care in a secure facility for the required period 19,288
of institutionalization in a manner consistent with division 19,290
(A)(4), (5), (6), or (7)(1) of section 2151.355 2152.16 AND 19,291
DIVISIONS (A) TO (E) OF SECTION 2152.17 of the Revised Code, 19,292
whichever is ARE applicable, and with section 5139.38 or division 19,294
(B) or (C) of section 2151.38 2152.22 of the Revised Code. 19,295
(B) When a child has been committed to the department of 19,297
youth services and has not been institutionalized or 19,299
institutionalized in a secure facility for the prescribed minimum 19,301
periods of time or the prescribed period of time, including, but 19,302
not limited to, a prescribed period of time under division 19,304
(A)(6)(1)(a) of section 2151.355 2152.16 of the Revised Code, the 19,305
department, the child, or the child's parent may request the 19,307
court that committed the child to order a judicial release TO 19,308
COURT SUPERVISION or an early A JUDICIAL release from 19,310
453
institutionalization or institutionalization in a secure facility 19,312
TO DEPARTMENT OF YOUTH SERVICES SUPERVISION in accordance with 19,313
division (B) or (C) of section 2151.38 2152.22 of the Revised 19,314
Code, and the child may be released from institutionalization or 19,317
institutionalization in a secure facility in accordance with the 19,318
applicable division. A child in those circumstances shall not be 19,320
released from institutionalization or institutionalization in a 19,321
secure facility except in accordance with section 2151.38 2152.22 19,322
or 5139.38 of the Revised Code. When a child is released 19,326
pursuant to a judicial release TO COURT SUPERVISION under
division (B) of section 2151.38 2152.22 of the Revised Code, the 19,328
department shall comply with division (B)(2)(3) of that section 19,330
and, if the court requests, shall send the committing court a 19,331
report on the child's progress in the institution and 19,332
recommendations for terms and conditions of supervision by the 19,334
court after release. When a child is released pursuant to an 19,335
early A JUDICIAL release TO DEPARTMENT OF YOUTH SERVICES 19,336
SUPERVISION under division (C) of section 2151.38 2152.22 of the 19,338
Revised Code, the department shall comply with division (C)(2)(3) 19,339
of that section relative to the child and shall send the 19,341
committing court and the juvenile court of the county in which 19,342
the child is placed a copy of the treatment and rehabilitation 19,343
plan described in that division and the terms and conditions that 19,344
it fixed. The court of the county in which the child is placed 19,345
may adopt the terms and conditions as an order of the court and 19,346
may add any additional consistent terms and conditions it 19,347
considers appropriate, provided that the court may not add any 19,349
term or condition that decreases the level or degree of
supervision specified by the department in its plan, that 19,350
substantially increases the financial burden of supervision that 19,351
will be experienced by the department, or that alters the 19,352
placement specified by the department in its plan. Any 19,354
violations of the terms and conditions of the child's judicial 19,355
release or early release shall be handled pursuant to division 19,356
454
(D) of section 2151.38 2152.22 of the Revised Code. 19,357
(C) When a child has been committed to the department of 19,359
youth services, it THE DEPARTMENT may do any of the following: 19,360
(1) Notwithstanding the provisions of this chapter or, 19,362
Chapter 2151., OR CHAPTER 2152. of the Revised Code that 19,364
prescribe required periods of institutionalization, transfer the 19,365
child to any other state institution, whenever it appears that 19,367
the child by reason of mental illness, mental retardation, or 19,368
other developmental disability ought to be in another state 19,369
institution. Before transferring a child to any other state 19,370
institution, the department shall include in the minutes a record 19,371
of the order of transfer and the reason for the transfer and, at 19,372
least seven days prior to the transfer, shall send a certified 19,373
copy of the order to the person shown by its record to have had 19,374
the care or custody of the child immediately prior to the child's 19,375
commitment. Except as provided in division (C)(2) of this 19,376
section, no person shall be transferred from a benevolent 19,378
institution to a correctional institution or to a facility or 19,379
institution operated by the department of youth services. 19,380
(2) Notwithstanding the provisions of this chapter or, 19,382
Chapter 2151., OR CHAPTER 2152. of the Revised Code that 19,384
prescribe required periods of institutionalization, transfer the 19,385
child under section 5120.162 of the Revised Code to a 19,387
correctional medical center established by the department of 19,388
rehabilitation and correction, whenever the child has an illness, 19,389
physical condition, or other medical problem and it appears that 19,390
the child would benefit from diagnosis or treatment at the center 19,391
for that illness, condition, or problem. Before transferring a 19,392
child to a center, the department of youth services shall include 19,393
in the minutes a record of the order of transfer and the reason 19,394
for the transfer and, except in emergency situations, at least 19,395
seven days prior to the transfer, shall send a certified copy of 19,396
the order to the person shown by its records to have had the care 19,397
or custody of the child immediately prior to the child's 19,398
455
commitment. If the transfer of the child occurs in an emergency 19,399
situation, as soon as possible after the decision is made to make 19,400
the transfer, the department of youth services shall send a 19,401
certified copy of the order to the person shown by its records to 19,402
have had the care or custody of the child immediately prior to 19,403
the child's commitment. A transfer under this division shall be 19,404
in accordance with the terms of the agreement the department of 19,405
youth services enters into with the department of rehabilitation 19,406
and correction under section 5120.162 of the Revised Code and 19,407
shall continue only as long as the child reasonably appears to 19,408
receive benefit from diagnosis or treatment at the center for an 19,409
illness, physical condition, or other medical problem. 19,410
(3) Revoke or modify any order of the department except an 19,412
order of discharge as often as conditions indicate it to be 19,413
desirable; 19,414
(4) If the child was committed pursuant to division (A)(4) 19,416
or (5)(1)(b), (c), (d), (e), OR (f) of section 2151.355 2152.16 19,418
of the Revised Code and has been institutionalized or 19,419
institutionalized in a secure facility for the prescribed minimum 19,420
periods of time under those divisions, assign the child to a 19,422
family home, a group care facility, or other place maintained 19,423
under public or private auspices, within or without this state, 19,424
for necessary treatment and rehabilitation, the costs of which 19,425
may be paid by the department, provided that the department shall 19,426
notify the committing court, in writing, of the place and terms 19,427
of the assignment at least fifteen days prior to the scheduled 19,428
date of the assignment.; 19,429
(5) Release the child from an institution in accordance 19,432
with sections 5139.51 to 5139.54 of the Revised Code in the 19,433
circumstances described in those sections. 19,434
(D) The department of youth services shall notify the 19,436
committing court of any order transferring the physical location 19,437
of any child committed to it in accordance with section 5139.35 19,438
of the Revised Code. Upon the discharge from its custody and 19,439
456
control, the department may petition the court for an order 19,440
terminating its custody and control. 19,441
Sec. 5139.07. As a means of correcting the socially 19,450
harmful tendencies of a child committed to it, the department of 19,451
youth services may require participation by the child in 19,452
vocational, physical, educational, and corrective training and 19,453
activities, and the conduct and modes of life that seem best 19,454
adapted to rehabilitate the child and fit the child for return to 19,456
full liberty without danger to the public welfare. The 19,457
department may monetarily compensate the child for the activities 19,458
described in this section by transferring the wages of the child 19,459
for those activities to the appropriate youth benefit fund
created under section 5139.86 of the Revised Code. This section 19,460
does not permit the department to release a child committed to it 19,462
from institutional care or institutional care in a secure 19,463
facility, whichever is applicable, other than in accordance with 19,464
sections 2151.38 2152.22, 5139.06, 5139.38, and 5139.50 to 19,466
5139.54 of the Revised Code.
The department may require a child committed to it to 19,468
return to the child's home or to be placed in a foster care 19,469
placement if it is authorized to make a placement of that nature 19,470
under sections 2151.38 2152.22, 5139.06, 5139.38, and 5139.50 to 19,471
5139.54 of the Revised Code. Any placement of that nature shall 19,473
be made in accordance with those sections. The legal residence 19,474
of a child so placed by the department is the place in which the 19,475
child is residing in accordance with a department order of 19,476
placement. The school district responsible for payment of 19,477
tuition on behalf of the child so placed shall be determined 19,478
pursuant to section 3313.64 or 3313.65 of the Revised Code. 19,479
Sec. 5139.10. Unless the child has already received a 19,488
final discharge, the control by the department of youth services 19,490
of a child committed as a delinquent shall cease when the child 19,492
reaches the age of twenty-one years OR, IF THE CHILD IS SUBJECT 19,493
TO AN EXTENDED JUVENILE JURISDICTION DISPOSITION, WHEN THE CHILD 19,494
457
REACHES THE AGE OF TWENTY-FIVE YEARS.
Sec. 5139.11. The department of youth services shall do 19,503
all of the following: 19,504
(A) Through a program of education, promotion, and 19,506
organization, form groups of local citizens and assist these 19,507
groups in conducting activities aimed at the prevention and 19,508
control of juvenile delinquency, making use of local people and 19,509
resources for the following purposes: 19,510
(1) Combatting local conditions known to contribute to 19,512
juvenile delinquency; 19,513
(2) Developing recreational and other programs for youth 19,515
work; 19,516
(3) Providing adult sponsors for delinquent children 19,518
cases; 19,519
(4) Dealing with other related problems of the locality;. 19,521
(B) Advise local, state, and federal officials, public and 19,523
private agencies, and lay groups on the needs for and possible 19,524
methods of the reduction and prevention of juvenile delinquency 19,525
and the treatment of delinquent children; 19,526
(C) Consult with the schools and courts of this state on 19,528
the development of programs for the reduction and prevention of 19,529
delinquency and the treatment of delinquents; 19,530
(D) Cooperate with other agencies whose services deal with 19,532
the care and treatment of delinquent children to the end that 19,533
delinquent children who are state wards may be assisted whenever 19,534
possible to a successful adjustment outside of institutional 19,535
care; 19,536
(E) Cooperate with other agencies in surveying, 19,538
developing, and utilizing the recreational resources of a 19,539
community as a means of combatting the problem of juvenile 19,540
delinquency and effectuating rehabilitation; 19,541
(F) Hold district and state conferences from time to time 19,543
in order to acquaint the public with current problems of juvenile 19,544
delinquency and develop a sense of civic responsibility toward 19,545
458
the prevention of juvenile delinquency; 19,546
(G) Assemble and distribute information relating to 19,548
juvenile delinquency and report on studies relating to community 19,549
conditions that affect the problem of juvenile delinquency; 19,550
(H) Assist any community within the state by conducting a 19,552
comprehensive survey of the community's available public and 19,553
private resources, and recommend methods of establishing a 19,554
community program for combatting juvenile delinquency and crime, 19,555
but no survey of that type shall be conducted unless local 19,556
individuals and groups request it through their local 19,557
authorities, and no request of that type shall be interpreted as 19,558
binding the community to following the recommendations made as a 19,559
result of the request; 19,560
(I) Evaluate the rehabilitation of children committed to 19,562
the department and prepare and submit periodic reports to the 19,563
committing court for the following purposes: 19,564
(1) Evaluating the effectiveness of institutional 19,566
treatment; 19,567
(2) Making recommendations for early JUDICIAL release 19,569
where UNDER SECTION 2152.22 OF THE REVISED CODE IF appropriate 19,571
and recommending terms and conditions for JUDICIAL release; 19,572
(3) Reviewing the placement of children and recommending 19,574
alternative placements where appropriate. 19,575
(J) Coordinate dates for hearings to be conducted under 19,577
section 2151.38 2152.22 of the Revised Code and assist in the 19,578
transfer and release of children from institutionalization to the 19,580
custody of the committing court. 19,581
Sec. 5139.18. (A) Except with respect to children who are 19,590
granted a judicial release TO COURT SUPERVISION pursuant to 19,591
division (B) of section 2151.38 2152.22 of the Revised Code, the 19,593
department of youth services is responsible for locating homes or 19,595
jobs for children released from its institutions, for supervision 19,596
of children released from its institutions, and for providing or 19,597
arranging for the provision to those children of appropriate 19,598
459
services that are required to facilitate their satisfactory 19,599
community adjustment.
(B) The department of youth services shall exercise 19,601
general supervision over all children who have been released on 19,602
placement from any of its institutions other than children who 19,603
are granted a judicial release TO COURT SUPERVISION pursuant to 19,604
division (B) of section 2151.38 2152.22 of the Revised Code. The 19,606
director of youth services, with the consent and approval of the 19,607
board of county commissioners of any county, may contract with 19,608
the public children services agency of that county, the 19,609
department of probation of that county established pursuant to 19,610
section 2301.27 of the Revised Code, or the probation department 19,611
or service established pursuant to sections 2151.01 to 2151.54 of 19,612
the Revised Code for the provision of direct supervision and 19,613
control over and the provision of supportive assistance to all 19,614
children who have been released on placement into that county 19,615
from any of its institutions, or, with the consent of the 19,616
juvenile judge or the administrative judge of the juvenile court 19,617
of any county, contract with any other public agency, 19,618
institution, or organization that is qualified to provide the 19,619
care and supervision that is required under the terms and 19,620
conditions of the child's treatment plan for the provision of 19,621
direct supervision and control over and the provision of 19,622
supportive assistance to all children who have been released on 19,623
placement into that county from any of its institutions. 19,624
(C) Whenever any placement official has reasonable cause 19,626
to believe that any child released by a court pursuant to section 19,627
2151.38 2152.22 of the Revised Code has violated the terms and 19,629
conditions of the child's placement, the official may request, in 19,630
writing, from the committing court or transferee court a 19,631
custodial order, and, upon reasonable and probable cause, the 19,632
court may order any sheriff, deputy sheriff, constable, or police 19,633
officer to apprehend the child. A child so apprehended may be 19,634
confined in the detention home of the county in which the child 19,635
460
is apprehended until further order of the court. If a child who 19,636
was released on supervised release by the release authority of 19,638
the department of youth services or a child who was granted an
early A JUDICIAL release TO DEPARTMENT OF YOUTH SERVICES 19,639
SUPERVISION violates the terms and conditions of the supervised 19,641
release or early JUDICIAL release, section 5139.52 of the Revised 19,643
Code applies with respect to that child. 19,645
Sec. 5139.20. (A) Notwithstanding any other provision of 19,654
the Revised Code that sets forth the minimum periods or period 19,655
for which a child committed to the department of youth services 19,656
is to be institutionalized or institutionalized in a secure 19,657
facility or the procedures for the judicial release TO COURT 19,658
SUPERVISION or early JUDICIAL release from institutional care or 19,659
institutional care in a secure facility TO DEPARTMENT OF YOUTH 19,660
SERVICES SUPERVISION, the department may grant emergency releases 19,662
to children confined in state juvenile institutions if the 19,663
governor, upon request of the director of the department 19,664
authorizes the director, in writing, to issue a declaration that 19,665
an emergency overcrowding condition exists in all of the 19,666
institutions in which males are confined, or in all of the 19,667
institutions in which females are confined, that are under the 19,668
control of the department. If the governor authorizes the
issuance of a declaration, the director may issue the 19,669
declaration. If the director issues the declaration, the 19,670
director shall file a copy of it with the secretary of state, 19,672
which copy shall be a public record. Upon the filing of the 19,673
copy, the department is authorized to grant emergency releases to 19,674
children within its custody subject to division (B) of this 19,675
section. The authority to grant the emergency releases shall 19,676
continue until the expiration of thirty days from the day on 19,677
which the declaration was filed. The director shall not issue a 19,678
declaration that an emergency overcrowding condition exists 19,679
unless the director determines that no other method of 19,680
alleviating the overcrowding condition is available. 19,682
461
(B)(1) If the department is authorized under division (A) 19,684
of this section to grant emergency releases to children within 19,685
its custody, the department shall determine which, if any, 19,686
children to release under that authority only in accordance with 19,687
this division and divisions (C), (D), and (E) of this section. 19,688
The department, in determining which, if any, children to 19,689
release, initially shall classify each child within its custody 19,690
according to the degree of offense that the act for which the 19,691
child is serving the period of institutionalization would have 19,692
been if committed by an adult. The department then shall 19,693
scrutinize individual children for emergency release, based upon 19,694
their degree of offense, in accordance with the categories and 19,695
the order of consideration set forth in division (B)(2) of this 19,696
section. After scrutiny of all children within the particular 19,698
category under consideration, the department shall designate 19,699
individual children within that category to whom it wishes to 19,700
grant an emergency release.
(2) The categories of children in the custody of the 19,702
department that may be considered for emergency release under 19,703
this section, and the order in which the categories shall be 19,704
considered, are as follows: 19,705
(a) Initially, only children who are not serving a period 19,707
of institutionalization for an act that would have been 19,708
aggravated murder, murder, or a felony of the first, second, 19,709
third, or fourth degree if committed by an adult or for an act 19,710
that was committed before the effective date of this amendment 19,711
JULY 1, 1996, and that would have been an aggravated felony of 19,713
the first, second, or third degree if committed by an adult may
be considered. 19,714
(b) When all children in the category described in 19,716
division (B)(2)(a) of this section have been scrutinized and all 19,717
children in that category who have been designated for emergency 19,718
release under division (B)(1) of this section have been so 19,719
released, then all children who are not serving a period of 19,720
462
institutionalization for an act that would have been aggravated 19,721
murder, murder, or a felony of the first or second degree if 19,722
committed by an adult or for an act that was committed before the 19,723
effective date of this amendment JULY 1, 1996, and that would 19,724
have been an aggravated felony of the first or second degree if 19,726
committed by an adult may be considered.
(c) When all children in the categories described in 19,728
divisions (B)(2)(a) and (b) of this section have been scrutinized 19,729
and all children in those categories who have been designated for 19,730
emergency release under division (B)(1) of this section have been 19,731
released, then all children who are not serving a term of 19,732
institutionalization for an act that would have been aggravated 19,733
murder, murder, or a felony of the first degree if committed by 19,734
an adult or for an act that was committed before the effective 19,735
date of this amendment JULY 1, 1996, and that would have been an 19,737
aggravated felony of the first or second degree if committed by 19,738
an adult may be considered.
(d) In no case shall the department consider for emergency 19,740
release any child who is serving a term of institutionalization 19,742
for an act that would have been aggravated murder, murder, or a 19,743
felony of the first degree if committed by an adult or for an act 19,744
that was committed before the effective date of this amendment 19,745
JULY 1, 1996, and that would have been an aggravated felony of 19,747
the first degree if committed by an adult, and in no case shall
the department grant an emergency release to any such child 19,748
pursuant to this section. 19,749
(C) An emergency release granted pursuant to this section 19,751
shall consist of one of the following: 19,752
(1) A supervised release under terms and conditions that 19,755
the department believes conducive to law-abiding conduct; 19,756
(2) A discharge of the child from the custody and control 19,758
of the department if the department is satisfied that the 19,759
discharge is consistent with the welfare of the individual and 19,760
protection of the public; 19,761
463
(3) An assignment to a family home, a group care facility, 19,763
or other place maintained under public or private auspices, 19,764
within or without this state, for necessary treatment or 19,765
rehabilitation, the costs of which may be paid by the department. 19,766
(D) If a child is granted an emergency release pursuant to 19,768
this section, the child thereafter shall be considered to have 19,769
been institutionalized or institutionalized in a secure facility 19,770
for the prescribed minimum period of time or prescribed time 19,772
under division (A)(4), (5), or (7)(1)(b), (c), (d), (e), OR (f) 19,773
of section 2151.355 2152.16 OR DIVISIONS (A) AND (B) OF SECTION 19,775
2152.17 of the Revised Code. The department shall retain legal 19,777
custody of a child so released until it discharges the child or 19,778
until its custody is terminated as otherwise provided by law. 19,779
(E)(1) If a child is granted an emergency release so that 19,781
the child is released on supervised release or assigned to a 19,783
family home, group care facility, or other place for treatment or
rehabilitation, the department shall prepare a written treatment 19,785
and rehabilitation plan for the child in accordance with division 19,786
(E) of section 2151.38 2152.22 of the Revised Code, which shall 19,788
include the terms and conditions of the child's release or 19,790
assignment, and shall send the committing court and the juvenile 19,792
court of the county in which the child is placed a copy of the 19,793
plan and the terms and conditions that it fixed. The court of 19,794
the county in which the child is placed may adopt the terms and 19,795
conditions as an order of the court and may add any additional 19,796
consistent terms and conditions it considers appropriate. If a 19,797
child is released on supervised release or is assigned subject to 19,798
specified terms and conditions and the court of the county in 19,800
which the child is placed has reason to believe that the child's 19,801
deportment is not in accordance with any post-release terms and 19,803
conditions established by the court in its journal entry, the 19,804
court of the county in which the child is placed, in its 19,805
discretion, may schedule a time for a hearing on whether the 19,806
child violated any of the post-release terms and conditions. If 19,807
464
that court conducts a hearing and determines at the hearing that 19,810
the child violated any of the post-release terms and conditions 19,811
established in its journal entry, the court, if it determines 19,812
that the violation of the terms and conditions was a serious 19,813
violation, may order the child to be returned to the department 19,814
of youth services for institutionalization or, in any case, may 19,815
make any other disposition of the child authorized by law that 19,816
the court considers proper. If the court of the county in which 19,817
the child is placed orders the child to be returned to a
department of youth services institution, the child shall remain 19,818
institutionalized for a minimum period of three months. 19,819
(2) The department also shall file a written progress 19,821
report with the committing court regarding each child granted an 19,822
emergency release pursuant to this section at least once every 19,823
thirty days unless specifically directed otherwise by the court. 19,824
The report shall include the information required of reports 19,825
described in division (F) of section 2151.38 2152.22 of the 19,826
Revised Code. 19,828
Sec. 5139.24. Upon the written order of the department of 19,837
youth services, any child in legal custody of the department who 19,838
is over sixteen years of age may be transferred to an appropriate 19,839
state reformatory for men or women when such child is 19,840
incorrigible to the extent that he or she THE CHILD has a 19,841
detrimental effect on the well-being of other children in the 19,843
department's custody, or when such child, because of previous 19,844
conduct or criminal tendencies, appears incapable of benefiting 19,845
by the treatment or training afforded by the department. Persons 19,846
transferred to the reformatory from the department may be paroled 19,847
or released upon the recommendation of the superintendent of the 19,848
reformatory and with the approval of the department, but such 19,849
persons are not subject to state control, either in the 19,850
reformatory or on parole, after having reached the age of 19,851
twenty-one years OR, IF THE PERSON IS SUBJECT TO AN EXTENDED 19,852
JUVENILE JURISDICTION DISPOSITION, AFTER HAVING REACHED THE AGE 19,853
465
OF TWENTY-FIVE YEARS.
Sec. 5139.27. The department of youth services shall adopt 19,862
rules prescribing the minimum standards of construction for a 19,863
school, forestry camp, or other facility established under 19,864
section 2151.65 of the Revised Code for which financial 19,865
assistance may be granted to assist in defraying the cost of the 19,866
construction of the school, forestry camp, or other facility. If 19,869
an application for that financial assistance is filed with the 19,870
department under section 2151.651 of the Revised Code, and the 19,871
department finds that the application is in proper form and the 19,872
specifications for the construction of the school, forestry camp, 19,874
or other facility meet the minimum standards set forth in the 19,875
rules adopted by the department, the department may, from moneys 19,876
available to it for granting financial assistance for the
construction of schools, forestry camps, or other facilities 19,877
established under section 2151.65 of the Revised Code, grant 19,878
financial assistance to the county making the application, 19,879
subject to the approval of the controlling board, in an amount 19,880
not to exceed one-half of the county's share of the cost of 19,881
construction of the school, forestry camp, or other facility but 19,883
not to exceed six thousand five hundred dollars for each bed unit 19,884
provided for in the school, forestry camp, or other facility. As 19,887
used in this section, "construction" means the building and the
initial equipping of new structures and, to the extent provided 19,888
for in rules adopted by the department, the acquisition, 19,889
remodeling, and initial equipping of existing structures, 19,890
excluding architect's fees and the cost of land acquisition. 19,891
A county that receives financial assistance under this 19,893
section shall not be obligated to repay the assistance to the 19,895
state unless the school, forestry camp, or other facility for 19,896
which the assistance is granted is used within the ten-year 19,897
period immediately following its establishment for other than the 19,898
purpose of rehabilitating children between the ages of twelve to 19,899
eighteen years, other than psychotic or mentally retarded 19,900
466
children, who are designated delinquent CHILDREN, as defined in 19,901
section 2151.02 2152.02 of the Revised Code, or unruly, as 19,902
defined in section 2151.022 of the Revised Code, by order of a 19,904
juvenile court. If the department of youth services finds that 19,905
the school, forestry camp, or other facility is used for other 19,907
than that purpose within that ten-year period, the county shall 19,909
be obligated to repay the assistance to the state and, through 19,910
its board of county commissioners, may enter into an agreement 19,911
with the director of budget and management for the discharge of 19,912
that obligation over a period not to exceed ten years in 19,913
duration. Whenever a county is obligated to repay that 19,914
assistance to the state and its board of county commissioners 19,916
fails to enter into or fails to comply with an agreement for the 19,917
discharge of that obligation, the tax commissioner, pursuant to 19,919
section 5747.54 of the Revised Code, shall withhold from 19,920
distribution to the county from the local government fund an 19,922
amount sufficient to discharge the county from that obligation to 19,923
the state. 19,924
Sec. 5139.271. Subject to the approval of the controlling 19,933
board, the department of youth services may grant and pay 19,934
financial assistance to defray the county's share of the cost of 19,935
acquiring or constructing a district detention home, established 19,936
under section 2151.34 2152.41 of the Revised Code, to any county 19,938
making application under section 2151.3416 2152.42 of the Revised 19,939
Code if the department finds that the application was made in 19,941
accordance with its rules and the home or the specifications for 19,942
the home meet minimum standards established by the department. 19,943
No financial assistance shall be granted for defraying the cost 19,944
of architects' fees or land. 19,945
The department shall adopt rules prescribing the minimum 19,947
standards of construction and condition of existing structures, 19,948
established under section 2151.34 2152.41 of the Revised Code, 19,949
for which financial assistance is granted under this section. 19,951
The department may recommend programs of education and training 19,952
467
and the qualifications desired for personnel of a district 19,953
detention home. 19,954
The amount of financial assistance granted to any county 19,956
shall not exceed one-half of the county's share of the cost of 19,957
acquisition or construction of the home. The total of all state 19,958
assistance for any home shall not exceed six thousand five 19,959
hundred dollars for each bed unit provided for in the home. 19,960
A county which receives financial assistance under this 19,962
section shall repay the assistance to the state if the home for 19,964
which the assistance is granted is used within the ten-year 19,965
period immediately following its establishment for purposes other 19,966
than those contained in section 2151.34 2152.41 of the Revised 19,967
Code. A board of county commissioners which uses the home for 19,969
any other purpose within that period shall enter into an 19,970
agreement with the director of budget and management for the 19,973
discharge of that obligation over a period not to exceed ten 19,974
years. If a board of county commissioners fails to enter into an 19,975
agreement for the discharge of that obligation, or fails to 19,976
comply with the terms of such an agreement, the director shall 19,978
direct the tax commissioner, pursuant to section 5747.54 of the 19,979
Revised Code, to withhold from the distribution of the local 19,980
government fund an amount sufficient to discharge the obligation. 19,981
As used in this section: 19,983
(A) "Construction" means the building and initial 19,985
equipping of new structures. 19,986
(B) "Acquisition" means "acquisition" as defined in the 19,989
rules of the department, which may include the purchase, 19,990
remodeling, and initial equipping of existing structures. 19,991
Sec. 5139.281. The department of youth services shall 20,000
adopt rules prescribing the manner of application for financial 20,001
assistance under this section for the operation and maintenance 20,002
of a detention home provided, or district detention home 20,003
established, under section 2151.34 2151.41 of the Revised Code 20,004
and prescribing minimum standards of operation, including 20,006
468
criteria for programs of education, training, counseling, 20,007
recreation, health, and safety, and qualifications of personnel 20,008
with which a home shall comply as a condition of eligibility for 20,009
assistance under this section. If the board of county 20,010
commissioners providing a detention home or the board of trustees 20,011
of a district detention home applies to the department for 20,012
assistance and if the department finds that the application is in 20,013
accordance with the rules adopted under this section and that the 20,014
home meets the minimum standards adopted under this section, the 20,015
department may grant assistance to the applicant board for the 20,016
operation and maintenance of each home in an amount not to exceed 20,017
fifty per cent of the approved annual operating cost. The board 20,018
shall make a separate application for each year for which 20,019
assistance is requested. 20,020
The department shall adopt any necessary rules for the 20,022
care, treatment, and training in a district detention home of 20,023
children found to be delinquent children and committed to the 20,024
home by the juvenile court under section 2151.355 2151.19 of the 20,026
Revised Code and may approve for this purpose any home that is 20,027
found to be in compliance with the rules it adopts. 20,028
The department shall provide, at least once every six 20,030
months, in-service training programs for staff members of 20,031
detention homes or district detention homes and shall pay all 20,032
travel and other necessary expenses incurred by participating 20,033
staff members. 20,034
Sec. 5139.29. The department of youth services shall adopt 20,043
and promulgate regulations prescribing the method of calculating 20,045
the amount of and the time and manner for the payment of 20,047
financial assistance granted under sections 5139.27, 5139.271, 20,049
and 5139.28 of the Revised Code, for the construction or 20,050
acquisition of a district detention home established under 20,051
section 2151.34 2152.41 of the Revised Code, or for the 20,053
construction and maintenance of a school, forestry camp, or other 20,055
facility established under section 2151.65 of the Revised Code. 20,056
469
Sec. 5139.31. The department of youth services may inspect 20,064
any school, forestry camp, district detention home, or other 20,065
facility for which an application for financial assistance has 20,066
been made to the department under section 2151.341, 2151.3416 20,067
2152.42, 2151.651, or 2151.652 of the Revised Code or for which 20,069
financial assistance has been granted by the department under 20,070
section 5139.27, 5139.271, 5139.28, or 5139.281 of the Revised 20,071
Code. The inspection may include, but need not be limited to, 20,072
examination and evaluation of the physical condition of the 20,073
school, forestry camp, district detention home, or other 20,074
facility, including any equipment used in connection with it; 20,075
observation and evaluation of the training and treatment of 20,076
children admitted to it; examination and analysis and copying of 20,077
any papers, records, or other documents relating to the 20,078
qualifications of personnel, the commitment of children to it, 20,079
and its administration.
Sec. 5139.32. (A) Whenever a child committed to the 20,088
department of youth services is unable to benefit from the 20,089
programs conducted by the department, as found under division (B) 20,090
of this section, the department forthwith shall release or 20,091
discharge such child from its jurisdiction and either return him 20,092
THE CHILD to the committing court, provided that such court so 20,094
consents or directs, or otherwise secure for him THE CHILD an 20,095
environment more beneficial to his THE CHILD'S future 20,097
development.
(B) The determination that a child is unable to benefit 20,099
from the programs conducted by the department shall be made by 20,100
the committing court on its own motion or upon application by the 20,101
department or by a parent or the guardian of the person of the 20,102
child, or, if the child has been institutionalized or 20,103
institutionalized in a secure facility, whichever is applicable, 20,104
for the prescribed minimum period set forth in section 2151.355 20,106
CHAPTER 2152. of the Revised Code and his THE CHILD'S commitment 20,107
order, by the department itself. 20,109
470
Sec. 5139.35. (A) Except as provided in division (C) of 20,118
this section and division (C)(2) of section 5139.06 of the 20,119
Revised Code, the department of youth services shall not place a 20,120
child committed to it pursuant to division (A)(6) of section 20,121
2151.355 2152.16 OR DIVISIONS (A) AND (B) OF SECTION 2152.17 of 20,123
the Revised Code or one committed to it pursuant to division 20,125
(A)(4), (5), or (7) of that section who has not been
institutionalized or institutionalized in a secure facility for 20,126
the prescribed minimum periods or prescribed period of 20,127
institutionalization under those divisions in an institution with 20,128
a less restrictive setting than that in which the child was 20,129
originally placed, other than an institution under the management 20,130
and control of the department, without first obtaining the prior 20,131
consent of the committing court. 20,132
(B) Except as provided in division (C) of this section, 20,134
the department of youth services shall notify the committing 20,135
court, in writing, of any placement of a child committed to it 20,136
pursuant to division (A)(4), (5), or (7)(1)(b), (c), (d), (e), OR 20,138
(f) of section 2151.355 2152.16 OR DIVISIONS (A) AND (B) OF 20,139
SECTION 2152.17 of the Revised Code who has been 20,140
institutionalized or institutionalized in a secure facility for 20,141
the prescribed minimum periods or prescribed period of 20,142
institutionalization under those divisions in an institution with 20,145
a less restrictive setting than that in which the child was 20,146
originally placed, other than an institution under the management 20,147
and control of the department, at least fifteen days before the 20,148
scheduled date of placement.
(C) If, pursuant to division (C)(2) of section 5139.06 of 20,150
the Revised Code, the department of youth services transfers a 20,151
child committed to it pursuant to division (A)(4), (5), (6), or 20,153
(7)(1)(b), (c), (d), (e), OR (f) of section 2151.355 2152.16 OR 20,154
DIVISIONS (A) AND (B) OF SECTION 2152.17 of the Revised Code to a 20,155
correctional medical center established by the department of 20,156
rehabilitation and correction, the department of youth services 20,157
471
shall send the committing court a certified copy of the transfer 20,158
order.
Sec. 5139.50. (A) The release authority of the department 20,167
of youth services is hereby created as a bureau in the 20,170
department. The release authority shall consist of five members 20,171
who are appointed by the director of youth services and who have 20,172
the qualifications specified in division (B) of this section. 20,174
The members of the release authority shall devote their full time 20,175
to the duties of the release authority and shall neither seek nor 20,176
hold other public office. The members shall be in the 20,177
unclassified civil service.
(B) A person appointed as a member of the release 20,179
authority shall have a bachelor's degree from an accredited 20,180
college or university or equivalent relevant experience and shall 20,181
have the skills, training, or experience necessary to analyze 20,183
issues of law, administration, and public policy. The membership 20,184
of the release authority shall represent, insofar as practicable, 20,185
the diversity found in the children in the legal custody of the 20,186
department of youth services. 20,187
In appointing the five members, the director shall ensure 20,189
that the appointments include all of the following: 20,190
(1) At least four members who have five or more years of 20,193
experience in criminal justice, juvenile justice, or an
equivalent relevant profession; 20,194
(2) At least one member who has experience in victim 20,196
services or advocacy or who has been a victim of a crime or is a 20,197
family member of a victim; 20,198
(3) At least one member who has experience in direct care 20,201
services to delinquent children;
(4) At least one member who holds a juris doctor degree 20,203
from an accredited college or university. 20,204
(C) The initial appointments of members of the release 20,207
authority shall be for a term of six years for the chairperson 20,208
and one member, a term of four years for two members, and a term 20,209
472
of two years for one member. Thereafter, members shall be 20,210
appointed for six-year terms. At the conclusion of a term, a 20,211
member shall hold office until the appointment and qualification 20,212
of the member's successor. The director shall fill a vacancy 20,213
occurring before the expiration of a term for the remainder of 20,214
that term and may appoint an interim member to fulfill the 20,215
duties of a member who is on extended leave or disability status. 20,216
A member may be reappointed, but a member may serve no more than 20,217
two consecutive terms regardless of the length of the member's 20,218
initial term. A member may be removed for good cause by the 20,220
director.
(D) The director of youth services shall designate as 20,223
chairperson of the release authority one of the members who has 20,224
experience in criminal justice, juvenile justice, or an 20,225
equivalent relevant profession. The chairperson shall be a 20,226
managing officer of the department, shall supervise the members 20,227
of the board and the other staff in the bureau, and shall perform 20,228
all duties and functions necessary to ensure that the release 20,230
authority discharges its responsibilities. The chairperson shall 20,232
serve as the official spokesperson for the release authority. 20,233
(E) The release authority shall do all of the following: 20,236
(1) Make decisions, in the interests of public safety and 20,239
the children involved, regarding the release and discharge of all 20,241
children committed to the legal custody of the department of 20,242
youth services, except children placed BY A JUVENILE COURT on 20,243
judicial release TO COURT SUPERVISION or early ON JUDICIAL 20,244
release by a juvenile court TO DEPARTMENT OF YOUTH SERVICES 20,245
SUPERVISION, children who have not completed a prescribed minimum 20,247
period of time or prescribed period of time in a secure facility, 20,248
or children who are required to remain in a secure facility until 20,249
they attain twenty-one OR TWENTY-FIVE years of age;
(2) Establish written policies and procedures for 20,251
conducting periodic reviews of the status of children in the 20,253
custody of the department, setting or modifying dates of release 20,254
473
and discharge, communicating to the court the duration, terms, 20,256
and conditions of release to be carried out in supervised release 20,257
subject to the addition of additional consistent terms and 20,258
conditions by a court in accordance with section 5139.51 of the 20,259
Revised Code, and giving a child notice of all reviews; 20,260
(3) Maintain records of its official actions, decisions, 20,263
orders, and hearing summaries and make the records accessible in 20,264
accordance with division (D) of section 5139.05 of the Revised 20,265
Code;
(4) Cooperate with public and private agencies, 20,267
communities, private groups, and individuals for the development 20,268
and improvement of its services; 20,269
(5) Collect, develop, and maintain statistical information 20,272
regarding its services and decisions;
(6) Submit to the director an annual report that includes 20,274
a description of the operations of the release authority, an 20,275
evaluation of its effectiveness, recommendations for statutory, 20,276
budgetary, or other changes necessary to improve its 20,277
effectiveness, and any other information required by the 20,278
director.
(F) The release authority may do any of the following: 20,281
(1) Conduct inquiries, investigations, and reviews and 20,284
hold hearings and other proceedings necessary to properly
discharge its responsibilities; 20,285
(2) Issue subpoenas, enforceable in a court of law, to 20,287
compel a person to appear, give testimony, or produce documentary 20,289
information or other tangible items relating to a matter under 20,290
inquiry, investigation, review, or hearing;
(3) Administer oaths and receive testimony of persons 20,292
under oath; 20,293
(4) Request assistance, services, and information from a 20,296
public agency to enable the authority to discharge its
responsibilities and receive the assistance, services, and 20,297
information from the public agency in a reasonable period of 20,298
474
time;
(5) Request from a public agency or any other entity that 20,300
provides or has provided services to a child committed to the 20,301
department's legal custody information to enable the release 20,302
authority to properly discharge its responsibilities with respect 20,304
to that child and receive the information from the public agency
or other entity in a reasonable period of time. 20,305
(G) The release authority shall adopt a written policy and 20,307
procedures governing appeals of its release and discharge 20,309
decisions.
(H) The legal staff of the department of youth services 20,312
shall provide assistance to the release authority in the 20,314
formulation of policy and in its handling of individual cases. 20,315
Sec. 5139.51. (A) The release authority of the department 20,324
of youth services shall not release a child who is in the custody 20,325
of the department of youth services from institutional care or 20,326
institutional care in a secure facility and shall not discharge 20,327
the child or order the child's release on supervised release 20,328
prior to the expiration of the prescribed minimum period of 20,329
institutionalization or institutionalization in a secure facility 20,330
or prior to the child's attainment of twenty-one OR TWENTY-FIVE 20,331
years of age, whichever is applicable under the order of 20,332
commitment, other than as is provided in division (A) of section 20,333
2151.38 2152.15 OR SECTION 2152.22 of the Revised Code. The 20,334
release authority may conduct periodic reviews of the case of 20,335
each child who is in the custody of the department and who is 20,336
eligible for supervised release or discharge after completing the 20,338
minimum period of time or period of time in an institution 20,339
prescribed by the committing court. At least thirty days prior 20,340
to conducting a periodic review of the case of a child who was
committed to the department regarding the possibility of 20,343
supervised release or discharge and at least thirty days prior to
conducting a release review, a release hearing, or a discharge 20,344
review under division (E) of this section, the release authority 20,346
475
shall give notice of the review or hearing to the court that 20,348
committed the child, to the prosecuting attorney in the case, and 20,349
to the victim of the delinquent act for which the child was 20,350
committed or the victim's representative. If a child is on
supervised release and has had the child's parole revoked, and 20,351
if, upon release, there is insufficient time to provide the 20,352
notices otherwise required by this division, the release 20,353
authority, at least ten days prior to the child's release, shall
provide reasonable notice of the child's release to the court 20,354
that committed the child, to the prosecuting attorney in the 20,355
case, and to the victim of the delinquent act for which the child 20,356
was committed or the victim's representative. The court or 20,359
prosecuting attorney may submit to the release authority written 20,360
comments regarding, or written objections to, the supervised 20,361
release or discharge of that child. Additionally, if the child 20,362
was committed for an act that is a category one or category two 20,363
offense, the court or prosecuting attorney orally may communicate 20,364
to a representative of the release authority comments regarding, 20,365
or objections to, the supervised release or discharge of the 20,366
child or, if a hearing is held regarding the possible release or 20,368
discharge of the child, may communicate those comments at the 20,369
hearing. In conducting the review of the child's case regarding 20,371
the possibility of supervised release or discharge, the release 20,372
authority shall consider any comments and objections so submitted 20,373
or communicated by the court or prosecutor and any statements or 20,375
comments submitted or communicated under section 5139.56 of the 20,376
Revised Code by a victim of an act for which the child was 20,377
committed to the legal custody of the department or by the 20,378
victim's representative of a victim of an act of that type. 20,379
The release authority shall determine the date on which a 20,381
child may be placed on supervised release or discharged. If the 20,383
release authority believes that a child should be placed on 20,384
supervised release, it shall comply with division (B) of this 20,385
section. If the release authority believes that a child should 20,386
476
be discharged, it shall comply with division (C) or (E) of this 20,388
section. If the release authority denies the supervised release 20,390
or discharge of a child, it shall provide the child with a 20,391
written record of the reasons for the decision. 20,392
(B)(1) When the department decides to place a child on 20,394
supervised release, consistent with division (D) of this section, 20,397
it shall prepare a written supervised release plan that specifies 20,398
the terms and conditions upon which the child is to be released 20,399
from an institution on supervised release and, at least thirty 20,400
days prior to the release of the child on the supervised release, 20,401
shall send to the committing court and the juvenile court of the 20,402
county in which the child will be placed a copy of the supervised 20,403
release plan and the terms and conditions of release. The 20,404
juvenile court of the county in which the child will be placed, 20,406
within fifteen days after its receipt of the copy of the 20,407
supervised release plan, may add to the supervised release plan 20,408
any additional consistent terms and conditions it considers 20,409
appropriate, provided that the court may not add any term or 20,410
condition that decreases the level or degree of supervision 20,411
specified by the release authority in the plan, that 20,412
substantially increases the financial burden of supervision that 20,413
will be experienced by the department of youth services, or that 20,414
alters the placement specified by the plan. 20,415
If, within fifteen days after its receipt of the copy of 20,418
the supervised release plan, the juvenile court of the county in 20,419
which the child will be placed does not add to the supervised 20,420
release plan any additional terms and conditions, the court shall 20,421
enter the supervised release plan in its journal within that 20,423
fifteen-day period and, within that fifteen-day period, shall
send to the release authority a copy of the journal entry of the 20,424
supervised release plan. The journalized plan shall apply 20,425
regarding the child's supervised release. 20,426
If, within fifteen days after its receipt of the copy of 20,429
the supervised release plan, the juvenile court of the county in 20,430
477
which the child will be placed adds to the supervised release 20,432
plan any additional terms and conditions, the court shall enter 20,433
the supervised release plan and the additional terms and 20,435
conditions in its journal and, within that fifteen-day period, 20,436
shall send to the release authority a copy of the journal entry 20,437
of the supervised release plan and additional terms and 20,439
conditions. The journalized supervised release plan and 20,440
additional terms and conditions added by the court that satisfy 20,442
the criteria described in this division shall apply regarding the 20,443
child's supervised release.
If, within fifteen days after its receipt of the copy of 20,445
the supervised release plan, the juvenile court of the county in 20,446
which the child will be placed neither enters in its journal the 20,447
supervised release plan nor enters in its journal the supervised 20,449
release plan plus additional terms and conditions added by the 20,450
court, the court and the department of youth services may attempt 20,451
to resolve any differences regarding the plan within three days. 20,452
If a resolution is not reached within that three-day period, 20,453
thereafter, the supervised release plan shall be enforceable to 20,454
the same extent as if the court actually had entered the 20,457
supervised release plan in its journal. 20,458
(2) When the release authority receives from the court a 20,461
copy of the journalized supervised release plan and, if 20,462
applicable, a copy of the journalized additional terms and
conditions added by the court, the release authority shall keep 20,464
the original copy or copies in the child's file and shall provide 20,465
a copy of each document to the child, the employee of the 20,466
department who is assigned to supervise and assist the child 20,467
while on release, and the committing court. 20,468
(C) If a child who is in the custody of the department of 20,470
youth services was committed pursuant to division (A)(4) or (5) 20,472
(1)(b), (c), (d), (e), OR (f) of section 2151.355 2152.66 of the 20,474
Revised Code and has been institutionalized or institutionalized 20,475
in a secure facility for the prescribed minimum periods of time 20,476
478
under those divisions and if the release authority is satisfied 20,477
that the discharge of the child without the child being placed on 20,478
supervised release would be consistent with the welfare of the 20,479
child and protection of the public, the department, without 20,480
approval of the court that committed the child, may discharge the 20,482
child from its custody and control without placing the child on 20,483
supervised release. Additionally, the department may discharge a 20,484
child in its custody without the child being placed on supervised 20,485
release if the child is removed from the jurisdiction of this 20,486
state by a court order of a court of this state, another state, 20,487
or the United States, or by any agency of this state, another 20,488
state, or the United States, if the child is convicted of or 20,489
pleads guilty to any criminal offense, or as otherwise provided 20,490
by law. At least fifteen days before the scheduled date of 20,491
discharge of the child without the child being placed on 20,492
supervised release, the department shall notify the committing 20,493
court, in writing, that it is going to discharge the child and of 20,494
the reason for the discharge. Upon discharge of the child 20,496
without the child being placed on supervised release, the 20,497
department immediately shall certify the discharge in writing and 20,498
shall transmit the certificate of discharge to the committing 20,499
court.
(D) In addition to requirements that are reasonably 20,502
related to the child's prior pattern of criminal or delinquent 20,503
behavior and the prevention of further criminal or delinquent 20,504
behavior, the department shall specify the following requirements 20,506
for each child whom it releases:
(1) The child shall observe the law. 20,508
(2) The child shall maintain appropriate contact, as 20,510
specified in the written supervised release plan for that child. 20,512
(3) The child shall not change residence unless the child 20,515
seeks prior approval for the change from the employee of the 20,516
department assigned to supervise and assist the child, provides 20,518
that employee, at the time the child seeks the prior approval for 20,519
479
the change, with appropriate information regarding the new 20,521
residence address at which the child wishes to reside, and 20,522
obtains the prior approval of that employee for the change.
(E) The period of a child's supervised release may extend 20,525
from the date of release from an institution until the child 20,526
attains twenty-one years of age OR TWENTY-FIVE YEARS OF AGE IF 20,527
THE CHILD IS SUBJECT TO AN EXTENDED JUVENILE JURISDICTION 20,528
DISPOSITION UNDER SECTION 2152.15 OF THE REVISED CODE. If the
period of supervised release extends beyond one year after the 20,530
date of release, the child may request in writing that the 20,531
release authority conduct a discharge review after the expiration 20,532
of the one-year period or the minimum period or period. If the 20,533
child so requests, the release authority shall conduct a 20,534
discharge review and give the child its decision in writing. The 20,535
release authority shall not grant a discharge prior to the
discharge date if it finds good cause for retaining the child in 20,536
the custody of the department until the discharge date. A child 20,537
may request an additional discharge review six months after the 20,538
date of a previous discharge review decision, but not more than 20,539
once during any six-month period after the date of a previous 20,540
discharge review decision. 20,541
(F) At least two weeks before a child who was committed to 20,544
the legal custody of the department is placed on supervised
release or discharged, the release authority shall provide notice 20,546
of the release or discharge as follows: 20,547
(1) In relation to the placement on supervised release or 20,549
discharge of a child who was committed to the department for 20,551
committing an act that is a category one or category two offense, 20,552
the release authority shall notify, by the specified deadline, 20,554
all of the following of the release or discharge: 20,555
(a) The prosecuting attorney of the county in which the 20,557
child was adjudicated a delinquent child and committed to the 20,558
custody of the department; 20,559
(b) Whichever of the following is applicable: 20,561
480
(i) If upon the supervised release or discharge the child 20,563
will reside in a municipal corporation, the chief of police or 20,564
other chief law enforcement officer of that municipal 20,565
corporation;
(ii) If upon the supervised release or discharge the child 20,567
will reside in an unincorporated area of a county, the sheriff of 20,568
that county.
(2) In relation to the placement on supervised release or 20,570
discharge of a child who was committed to the department for 20,571
committing any act, the release authority shall notify, by the 20,572
specified deadline, each victim of the act for which the child 20,574
was committed to the legal custody of the department who, 20,575
pursuant to section 5139.56 of the Revised Code, has requested to 20,577
be notified of the placement of the child on supervised release 20,578
or the discharge of the child, provided that, if any victim has 20,580
designated a person pursuant to that section to act on the
victim's behalf as a victim's representative, the notification 20,581
required by this division shall be provided to that victim's 20,582
representative. 20,583
Sec. 5139.52. (A) At any time during a child's supervised 20,592
release or during the period of a child's early JUDICIAL release 20,593
TO DEPARTMENT OF YOUTH SERVICES SUPERVISION, if the regional 20,595
administrator or the employee of the department assigned to 20,596
supervise and assist the child has reasonable grounds to believe 20,597
that the child has violated a term or condition of the supervised 20,598
release or early JUDICIAL release, the administrator or employee 20,599
may request a court to issue a summons that requires the child to 20,603
appear for a hearing to answer charges of the alleged violation. 20,604
The summons shall contain a brief statement of the alleged 20,605
violation, including the date and place of the violation, and 20,606
shall require the child to appear for a hearing before the court 20,607
at a specific date, time, and place. 20,608
(B)(1) At any time while a child is on supervised release 20,610
or during the period of a child's early JUDICIAL release TO 20,611
481
DEPARTMENT OF YOUTH SERVICES SUPERVISION, a regional 20,613
administrator or a designee of a regional administrator, upon 20,614
application of the employee of the department assigned to 20,615
supervise and assist the child as described in this division, may 20,616
issue, or cause to be issued, an order of apprehension for the 20,618
arrest of the child for the alleged violation of a term or 20,619
condition of the child's supervised release or early JUDICIAL 20,620
release. An application requesting an order of apprehension 20,623
shall set forth that, in the good faith judgment of the employee 20,626
of the department assigned to supervise and assist the child 20,627
making the application, there is reasonable cause to believe that 20,630
the child who is on supervised release or early JUDICIAL release 20,631
TO DEPARTMENT OF YOUTH SERVICES SUPERVISION has violated or is 20,633
violating a term or condition of the child's supervised release 20,635
or early JUDICIAL release, shall state the basis for that belief, 20,637
and shall request that the child be taken to an appropriate place 20,638
of secure detention pending a probable cause determination. As 20,640
an alternative to an order of apprehension for the child, a 20,641
regional administrator or the employee of the department assigned 20,642
to supervise and assist the child may request a court to issue a 20,643
warrant for the arrest of the child.
Subject to the provision of prior notice required by 20,645
division (D)(1) of this section, if a regional administrator or a 20,648
designee of a regional administrator issues, in writing, an order 20,649
of apprehension for the arrest of a child, a staff member of the 20,650
department of youth services who has been designated pursuant to 20,651
division (A)(1) of section 5139.53 of the Revised Code as being 20,654
authorized to arrest and who has received the training described 20,655
in division (B)(1) of that section, or a peace officer, as 20,657
defined in section 2935.01 of the Revised Code, may arrest the 20,658
child, without a warrant, and place the child in secure detention 20,659
in accordance with this section. 20,660
If a child is on supervised release or early JUDICIAL 20,662
release TO DEPARTMENT OF YOUTH SERVICES SUPERVISION, any peace 20,663
482
officer, as defined in section 2935.01 of the Revised Code, may 20,666
arrest the child without a warrant or order of apprehension if 20,667
the peace officer has reasonable grounds to believe that the 20,668
child has violated or is violating any of the following that has 20,669
been prescribed by the release authority or department of youth 20,670
services relative to the child: 20,671
(a) A condition that prohibits the child's ownership, 20,674
possession, or use of a firearm, deadly weapon, ammunition, or 20,675
dangerous ordnance, all as defined in section 2923.11 of the 20,676
Revised Code;
(b) A condition that prohibits the child from being within 20,679
a specified structure or geographic area; 20,680
(c) A condition that confines the child to a residence, 20,683
facility, or other structure;
(d) A condition that prohibits the child from contacting 20,686
or communicating with any specified individual; 20,687
(e) A condition that prohibits the child from associating 20,690
with a specified individual;
(f) Any other rule, term, or condition governing the 20,693
conduct of the child that has been prescribed by the release 20,694
authority.
(2) Subject to the provision of prior notice required by 20,696
division (D)(1) of this section, a staff member of the department 20,697
of youth services who is designated by the director pursuant to 20,699
division (A)(1) of section 5139.53 of the Revised Code and who
has received the training described in division (B)(1) of that 20,701
section, a peace officer, as defined in section 2935.01 of the 20,702
Revised Code, or any other officer with the power to arrest may 20,703
execute a warrant or order of apprehension issued under division 20,705
(B)(1) of this section and take the child into secure custody. 20,707
(C) A staff member of the department of youth services who 20,709
is designated by the director of youth services pursuant to 20,710
division (A)(1) of section 5139.53 of the Revised Code and who 20,712
has received the training described in division (B)(1) of that 20,714
483
section, a peace officer, as defined in section 2935.01 of the 20,715
Revised Code, or any other officer with the power to arrest may 20,716
arrest without a warrant or order of apprehension and take into 20,717
secure custody a child in the legal custody of the department, if 20,719
the staff member, peace officer, or other officer has reasonable 20,720
cause to believe that the child who is on supervised release or 20,721
early JUDICIAL release TO DEPARTMENT OF YOUTH SERVICES 20,722
SUPERVISION has violated or is violating a term or condition of 20,723
the supervised release or early JUDICIAL release in any of the 20,724
following manners: 20,725
(1) The child committed or is committing an offense or 20,728
delinquent act in the presence of the staff member, peace
officer, or other officer. 20,730
(2) There is probable cause to believe that the child 20,732
violated a term or condition of supervised release or early 20,733
JUDICIAL release and that the child is leaving or is about to 20,736
leave the state.
(3) The child failed to appear before the release 20,738
authority pursuant to a summons for a modification or failed to 20,739
appear for a scheduled court hearing. 20,740
(4) The arrest of the child is necessary to prevent 20,742
physical harm to another person or to the child. 20,743
(D)(1) Except as otherwise provided in this division, 20,745
prior to arresting a child under this section, either in relation 20,746
to an order of apprehension or a warrant for arrest or in any 20,747
other manner authorized by this section, a staff member or 20,748
employee of the department of youth services shall provide notice 20,749
of the anticipated arrest to each county, municipal, or township 20,751
law enforcement agency with jurisdiction over the place at which 20,752
the staff member or employee anticipates making the arrest. A 20,754
staff member or employee is not required to provide the notice 20,755
described in this division prior to making an arrest in any 20,756
emergency situation or circumstance described under division (C) 20,758
of this section.
484
(2) If a child is arrested under this section and if it is 20,761
known that the child is on supervised release or early JUDICIAL 20,762
release TO DEPARTMENT OF YOUTH SERVICES SUPERVISION, a juvenile 20,764
court, local juvenile detention center, or jail shall notify the 20,765
appropriate department of youth services regional office that the 20,766
child has been arrested and shall provide to the regional office 20,767
or to an employee of the department of youth services a copy of 20,769
the arrest information pertaining to the arrest. 20,770
(3) Nothing in this section limits the power to make an 20,773
arrest that is granted to specified peace officers under section 20,774
2935.03 of the Revised Code, to any person under section 2935.04 20,776
of the Revised Code, or to any other specified category of 20,777
persons by any other provision of the Revised Code, or the power 20,778
to take a child into custody that is granted pursuant to section 20,779
2151.31 of the Revised Code. 20,780
(E) If a child who is on supervised release or who is 20,783
under a period of early JUDICIAL release TO DEPARTMENT OF YOUTH 20,784
SERVICES SUPERVISION is arrested under an order of apprehension, 20,785
under a warrant, or without a warrant as described in division 20,786
(B)(1), (B)(2), or (C) of this section and taken into secure 20,790
custody, all of the following apply:
(1) If no motion to revoke the child's supervised release 20,793
or early JUDICIAL release has been filed within seventy-two hours 20,795
after the child is taken into secure custody, the juvenile court, 20,796
in making its determinations at a detention hearing as to whether 20,798
to hold the child in secure custody up to seventy-two hours so
that a motion to revoke the child's supervised release or early 20,799
JUDICIAL release may be filed, may consider, in addition to all 20,803
other evidence and information considered, the circumstances of 20,804
the child's arrest and, if the arrest was pursuant to an order of 20,805
apprehension, the order and the application for the order. 20,806
(2) If no motion to revoke the child's supervised release 20,808
or early JUDICIAL release has been filed within seventy-two hours 20,811
after the child is taken into secure custody and if the child has 20,812
485
not otherwise been released prior to the expiration of that 20,813
seventy-two-hour period, the child shall be released upon the 20,814
expiration of that seventy-two-hour period. 20,815
(3) If the person is eighteen, nineteen, or twenty years 20,819
of age, the person may be confined in secure detention in the
jail of the county in which the person is taken into custody. If 20,821
the person is under eighteen years of age, the person may be 20,823
confined in secure detention in the nearest juvenile detention 20,825
facility.
(4) If a motion to revoke the child's supervised release 20,827
or early JUDICIAL release is filed after the child has been taken 20,830
into secure custody and the court decides at the detention 20,831
hearing to release the child from secure custody, the court may 20,832
release the child on the same terms and conditions that are 20,833
currently in effect regarding the child's supervised release or 20,834
early JUDICIAL release, pending revocation or subsequent 20,836
modification. 20,837
(F) If a child who is on supervised release is arrested 20,840
under an order of apprehension, under a warrant, or without a 20,841
warrant as described in division (B)(1), (B)(2), or (C) of this 20,844
section and taken into secure custody, and if a motion to revoke 20,845
the child's supervised release is filed, the juvenile court of 20,846
the county in which the child is placed promptly shall schedule a 20,847
time for a hearing on whether the child violated any of the terms 20,849
and conditions of the supervised release. If a child is released
on supervised release and the juvenile court of the county in 20,851
which the child is placed otherwise has reason to believe that 20,852
the child has not complied with the terms and conditions of the 20,853
supervised release, the court of the county in which the child is 20,854
placed, in its discretion, may schedule a time for a hearing on 20,855
whether the child violated any of the terms and conditions of the 20,856
supervised release. If the court of the county in which the 20,857
child is placed on supervised release conducts a hearing and 20,858
determines at the hearing that the child did not violate any term 20,860
486
or condition of the child's supervised release, the child shall 20,861
be released from custody, if the child is in custody at that 20,862
time, and shall continue on supervised release under the terms 20,863
and conditions that were in effect at the time of the child's 20,864
arrest, subject to subsequent revocation or modification. If the 20,865
court of the county in which the child is placed on supervised 20,866
release conducts a hearing and determines at the hearing that the 20,867
child violated one or more of the terms and conditions of the 20,868
child's supervised release, the court, if it determines that the 20,869
violation was a serious violation, may revoke the child's 20,870
supervised release and order the child to be returned to the 20,871
department of youth services for institutionalization or, in any 20,872
case, may make any other disposition of the child authorized by 20,873
law that the court considers proper. If the court orders the 20,874
child to be returned to a department of youth services 20,875
institution, the child shall remain institutionalized for a 20,876
minimum period of thirty days, the department shall not reduce 20,877
the minimum thirty-day period of institutionalization for any 20,878
time that the child was held in secure custody subsequent to the 20,879
child's arrest and pending the revocation hearing and the child's 20,880
return to the department, the release authority, in its 20,881
discretion, may require the child to remain in 20,882
institutionalization for longer than the minimum thirty-day 20,883
period, and the child is not eligible for judicial release or
early release during the minimum thirty-day period of 20,884
institutionalization or any period of institutionalization in 20,885
excess of the minimum thirty-day period.
This division does not apply regarding a child who is under 20,887
a period of early JUDICIAL release TO DEPARTMENT OF YOUTH 20,888
SERVICES SUPERVISION. Division (D) of section 2151.38 2152.22 of 20,889
the Revised Code applies in relation to a child who is under a 20,891
period of early JUDICIAL release TO DEPARTMENT OF YOUTH SERVICES 20,892
SUPERVISION.
Sec. 5139.53. (A)(1) The director of youth services shall 20,902
487
designate certain employees of the department of youth services, 20,903
including regional administrators, as persons who are authorized, 20,904
in accordance with section 5139.52 of the Revised Code, to 20,906
execute an order of apprehension or a warrant for, or otherwise 20,907
to arrest, children in the custody of the department who are 20,909
violating or are alleged to have violated the terms and
conditions of supervised release or early JUDICIAL release TO 20,910
DEPARTMENT OF YOUTH SERVICES SUPERVISION. 20,911
(2) The director of youth services shall designate some of 20,913
the employees designated under division (A)(1) of this section as 20,915
employees authorized to carry a firearm issued by the department 20,916
while on duty for their protection in carrying out official
duties.
(B)(1) An employee of the department designated by the 20,918
director pursuant to division (A)(1) of this section as having 20,921
the authority to execute orders of apprehension or warrants and 20,922
to arrest children as described in that division shall not 20,923
undertake an arrest until the employee has successfully completed 20,924
training courses regarding the making of arrests by employees of 20,925
that nature that are developed in cooperation with and approved 20,926
by the executive director of the Ohio peace officer training 20,927
commission. The courses shall include, but shall not be limited 20,928
to, training in arrest tactics, defensive tactics, the use of 20,929
force, and response tactics. 20,930
(2) The director of youth services shall develop, and 20,933
shall submit to the governor for the governor's approval, a 20,934
deadly force policy for the department. The deadly force policy 20,935
shall require each employee who is designated under division 20,936
(A)(2) of this section to carry a firearm in the discharge of 20,938
official duties to receive training in the use of deadly force, 20,939
shall specify the number of hours and the general content of the 20,940
training in the use of deadly force that each of the designated 20,941
employees must receive, and shall specify the procedures that 20,942
must be followed after the use of deadly force by any of the 20,943
488
designated employees. Upon receipt of the policy developed by 20,944
the director under this division, the governor, in writing, 20,945
promptly shall approve or disapprove the policy. If the 20,946
governor, in writing, disapproves the policy, the director shall 20,947
develop and resubmit a new policy under this division, and no 20,948
employee shall be trained under the disapproved policy. If the 20,949
governor, in writing, approves the policy, the director shall 20,950
adopt it as a department policy and shall distribute it to each 20,951
employee designated under (A)(2) of this section to carry a 20,953
firearm in the discharge of official duties. An employee
designated by the director pursuant to division (A)(2) of this 20,955
section to carry a firearm in the discharge of official duties 20,956
shall not carry a firearm until the employee has successfully
completed both of the following: 20,957
(a) Training in the use of deadly force that comports with 20,960
the policy approved by the governor and developed and adopted by 20,961
the director under division (B)(2) of this section. The training 20,963
required by this division shall be conducted at a training school 20,964
approved by the Ohio peace officer training commission and shall 20,966
be in addition to the training described in divisions (B)(1) and 20,967
(2)(b) of this section that the employee must complete prior to 20,969
undertaking an arrest and separate from and independent of the 20,970
training required by division (B)(2)(b) of this section. 20,972
(b) A basic firearm training program that is conducted at 20,975
a training school approved by the Ohio peace officer training 20,976
commission and that is substantially similar to the basic firearm 20,977
training program for peace officers conducted at the Ohio peace 20,979
officer training academy and has received a certificate of 20,980
satisfactory completion of that program from the executive 20,981
director of the Ohio peace officer training commission. The 20,983
training described in this division that an employee must 20,984
complete prior to carrying a firearm shall be in addition to the 20,985
training described in division (B)(1) of this section that the 20,986
employee must complete prior to undertaking an arrest. 20,987
489
(C) After receipt of a certificate of satisfactory 20,990
completion of a basic firearm training program, to maintain the 20,991
right to carry a firearm in the discharge of official duties, an 20,992
employee authorized under this section to carry a firearm shall 20,993
successfully complete a firearms requalification program in 20,994
accordance with section 109.801 of the Revised Code.
(D) Each employee authorized to carry a firearm shall give 20,997
bond to the state to be approved by the clerk of the court of 20,998
common pleas in the county of that employee's residence. The 20,999
bond shall be in the sum of one thousand dollars, conditioned to 21,000
save the public harmless by reason of the unlawful use of a 21,001
firearm. A person injured or the family of a person killed by 21,002
the employee's improper use of a firearm may have recourse on the 21,003
bond.
(E) In addition to the deadly force policy adopted under 21,005
division (B)(2) of this section, the director of youth services 21,007
shall establish policies for the carrying and use of firearms by 21,008
the employees that the director designates under this section. 21,009
Sec. 5139.54. (A) Notwithstanding any other provision for 21,018
determining when a child shall be released or discharged from the 21,020
legal custody of the department of youth services, including 21,021
jurisdictional provisions in section 2151.38 2152.22 of the 21,022
Revised Code, the release authority, for medical reasons, may 21,024
release a child upon supervised release or discharge the child 21,025
from the custody of the department when any of the following 21,026
applies:
(1) The child is terminally ill or otherwise in imminent 21,029
danger of death.
(2) The child is incapacitated due to injury, disease, 21,031
illness, or other medical condition and is no longer a threat to 21,032
public safety. 21,033
(3) The child appears to be a mentally ill person subject 21,036
to hospitalization by court order, as defined in section 5122.01
of the Revised Code, or a mentally retarded person subject to 21,039
490
institutionalization by court order, as defined in section
5123.01 of the Revised Code. 21,040
(B) When considering whether to release or discharge a 21,043
child under this section for medical reasons, the release 21,045
authority may request additional medical information about the 21,046
child or may ask the department to conduct additional medical 21,047
examinations.
(C) The release authority shall determine the appropriate 21,050
level of supervised release for a child released under this 21,051
section. The terms and conditions of the release may require 21,052
periodic medical reevaluations as appropriate. Upon granting a 21,054
release or discharge under this section, the release authority
shall give notice of the release and its terms and conditions or 21,055
of the discharge to the court that committed the child to the 21,056
custody of the department. 21,057
(D) The release authority shall submit annually to the 21,060
director of youth services a report that includes all of the 21,061
following information for the previous calendar year: 21,062
(1) The number of children the release authority 21,064
considered for medical release or discharge; 21,065
(2) The nature of the injury, disease, illness, or other 21,067
medical condition of each child considered for medical release or 21,068
discharge; 21,069
(3) The decision made by the release authority for each 21,071
child, including the reasons for denying medical release or 21,072
discharge or for granting it; 21,073
(4) The number of children on medical release who were 21,075
returned to a secure facility or whose supervised release was 21,076
revoked. 21,077
Sec. 5705.01. As used in this chapter: 21,085
(A) "Subdivision" means any county; municipal corporation; 21,087
township; township police district; township fire district; joint 21,088
fire district; joint ambulance district; joint emergency medical 21,089
services district; fire and ambulance district; joint recreation 21,090
491
district; township waste disposal district; township road 21,091
district; community college district; technical college district; 21,092
detention home district; a district organized under section 21,093
2151.65 of the Revised Code; a combined district organized under 21,094
sections 2151.34 2152.41 and 2151.65 of the Revised Code; a 21,095
joint-county alcohol, drug addiction, and mental health service 21,097
district; a drainage improvement district created under section 21,098
6131.52 of the Revised Code; a union cemetery district; a county 21,099
school financing district; or a city, local, exempted village, 21,100
cooperative education, or joint vocational school district. 21,101
(B) "Municipal corporation" means all municipal 21,103
corporations, including those that have adopted a charter under 21,104
Article XVIII, Ohio Constitution. 21,105
(C) "Taxing authority" or "bond issuing authority" means, 21,107
in the case of any county, the board of county commissioners; in 21,108
the case of a municipal corporation, the council or other 21,109
legislative authority of the municipal corporation; in the case 21,110
of a city, local, exempted village, cooperative education, or 21,111
joint vocational school district, the board of education; in the 21,112
case of a community college district, the board of trustees of 21,113
the district; in the case of a technical college district, the 21,114
board of trustees of the district; in the case of a detention 21,115
home district, a district organized under section 2151.65 of the 21,116
Revised Code, or a combined district organized under sections 21,117
2151.34 2152.41 and 2151.65 of the Revised Code, the joint board 21,119
of county commissioners of the district; in the case of a 21,120
township, the board of township trustees; in the case of a joint 21,121
fire district, the board of fire district trustees; in the case 21,122
of a joint recreation district, the joint recreation district 21,123
board of trustees; in the case of a joint-county alcohol, drug 21,124
addiction, and mental health service district, the district's 21,125
board of alcohol, drug addiction, and mental health services; in 21,126
the case of a joint ambulance district or a fire and ambulance 21,127
district, the board of trustees of the district; in the case of a 21,129
492
union cemetery district, the legislative authority of the 21,130
municipal corporation and the board of township trustees, acting 21,131
jointly as described in section 759.341 of the Revised Code; in 21,132
the case of a drainage improvement district, the board of county 21,133
commissioners of the county in which the drainage district is 21,134
located; in the case of a joint emergency medical services 21,135
district, the joint board of county commissioners of all counties 21,136
in which all or any part of the district lies; and in the case of 21,137
a township police district, a township fire district, a township 21,138
road district, or a township waste disposal district, the board 21,139
of township trustees of the township in which the district is 21,140
located. "Taxing authority" also means the educational service 21,141
center governing board that serves as the taxing authority of a 21,142
county school financing district as provided in section 3311.50 21,143
of the Revised Code. 21,144
(D) "Fiscal officer" in the case of a county, means the 21,146
county auditor; in the case of a municipal corporation, the city 21,147
auditor or village clerk, or such officer as, by virtue of the 21,148
charter, has the duties and functions of the city auditor or 21,149
village clerk, except that in the case of a municipal university 21,150
the board of directors of which have assumed, in the manner 21,151
provided by law, the custody and control of the funds of the 21,152
university, the chief accounting officer of the university shall 21,153
perform, with respect to the funds, the duties vested in the 21,154
fiscal officer of the subdivision by sections 5705.41 and 5705.44 21,155
of the Revised Code; in the case of a school district, the 21,156
treasurer of the board of education; in the case of a county 21,157
school financing district, the treasurer of the educational 21,158
service center governing board that serves as the taxing 21,160
authority; in the case of a township, the township clerk; in the 21,161
case of a joint fire district, the clerk of the board of fire 21,162
district trustees; in the case of a joint ambulance district, the 21,163
clerk of the board of trustees of the district; in the case of a 21,164
joint emergency medical services district, the person appointed 21,165
493
as fiscal officer pursuant to division (D) of section 307.053 of 21,166
the Revised Code; in the case of a fire and ambulance district, 21,167
the person appointed as fiscal officer pursuant to division (B)
of section 505.375 of the Revised Code; in the case of a joint 21,168
recreation district, the person designated pursuant to section 21,169
755.15 of the Revised Code; in the case of a union cemetery 21,170
district, the clerk of the municipal corporation designated in 21,171
section 759.34 of the Revised Code; in the case of a children's 21,172
home district, tuberculosis hospital district, educational 21,173
service center, general health district, joint-county alcohol, 21,175
drug addiction, and mental health service district, county 21,176
library district, detention home district, district organized 21,177
under section 2151.65 of the Revised Code, a combined district 21,178
organized under sections 2151.34 2152.41 and 2151.65 of the 21,180
Revised Code, or a metropolitan park district for which no 21,181
treasurer has been appointed pursuant to section 1545.07 of the 21,182
Revised Code, the county auditor of the county designated by law 21,183
to act as the auditor of the district; in the case of a
metropolitan park district which has appointed a treasurer 21,184
pursuant to section 1545.07 of the Revised Code, that treasurer; 21,185
in the case of a drainage improvement district, the auditor of 21,186
the county in which the drainage improvement district is located; 21,187
and in all other cases, the officer responsible for keeping the 21,188
appropriation accounts and drawing warrants for the expenditure 21,189
of the moneys of the district or taxing unit. 21,190
(E) "Permanent improvement" or "improvement" means any 21,192
property, asset, or improvement with an estimated life or 21,193
usefulness of five years or more, including land and interests 21,194
therein, and reconstructions, enlargements, and extensions 21,195
thereof having an estimated life or usefulness of five years or 21,196
more. 21,197
(F) "Current operating expenses" and "current expenses" 21,199
mean the lawful expenditures of a subdivision, except those for 21,200
permanent improvements, and except payments for interest, sinking 21,201
494
fund, and retirement of bonds, notes, and certificates of 21,202
indebtedness of the subdivision. 21,203
(G) "Debt charges" means interest, sinking fund, and 21,205
retirement charges on bonds, notes, or certificates of 21,206
indebtedness. 21,207
(H) "Taxing unit" means any subdivision or other 21,209
governmental district having authority to levy taxes on the 21,210
property in the district or issue bonds that constitute a charge 21,211
against the property of the district, including conservancy 21,212
districts, metropolitan park districts, sanitary districts, road 21,213
districts, and other districts. 21,214
(I) "District authority" means any board of directors, 21,216
trustees, commissioners, or other officers controlling a district 21,217
institution or activity that derives its income or funds from two 21,218
or more subdivisions, such as the educational service center, the 21,220
trustees of district tuberculosis hospitals and district 21,221
children's homes, the district board of health, a joint-county 21,222
alcohol, drug addiction, and mental health service district's 21,223
board of alcohol, drug addiction, and mental health services, 21,224
detention home districts, a joint recreation district board of 21,225
trustees, districts organized under section 2151.65 of the 21,226
Revised Code, combined districts organized under sections 2151.34 21,227
2152.41 and 2151.65 of the Revised Code, and other such boards. 21,229
(J) "Tax list" and "tax duplicate" mean the general tax 21,231
lists and duplicates prescribed by sections 319.28 and 319.29 of 21,232
the Revised Code. 21,233
(K) "Property" as applied to a tax levy means taxable 21,235
property listed on general tax lists and duplicates. 21,236
(L) "School library district" means a school district in 21,238
which a free public library has been established that is under 21,239
the control and management of a board of library trustees as 21,240
provided in section 3375.15 of the Revised Code. 21,241
Sec. 5705.19. This section does not apply to school 21,250
districts or county school financing districts. 21,251
495
The taxing authority of any subdivision at any time and in 21,253
any year, by vote of two-thirds of all the members of the taxing 21,254
authority, may declare by resolution and certify the resolution 21,255
to the board of elections not less than seventy-five days before 21,256
the election upon which it will be voted that the amount of taxes 21,257
that may be raised within the ten-mill limitation will be 21,258
insufficient to provide for the necessary requirements of the 21,259
subdivision and that it is necessary to levy a tax in excess of 21,260
that limitation for any of the following purposes: 21,261
(A) For current expenses of the subdivision, except that 21,263
the total levy for current expenses of a detention home district 21,264
or district organized under section 2151.65 of the Revised Code 21,265
shall not exceed two mills and that the total levy for current 21,266
expenses of a combined district organized under sections 2151.34 21,267
2152.41 and 2151.65 of the Revised Code shall not exceed four 21,269
mills;
(B) For the payment of debt charges on certain described 21,271
bonds, notes, or certificates of indebtedness of the subdivision 21,272
issued subsequent to January 1, 1925; 21,273
(C) For the debt charges on all bonds, notes, and 21,275
certificates of indebtedness issued and authorized to be issued 21,276
prior to January 1, 1925; 21,277
(D) For a public library of, or supported by, the 21,279
subdivision under whatever law organized or authorized to be 21,280
supported; 21,281
(E) For a municipal university, not to exceed two mills 21,283
over the limitation of one mill prescribed in section 3349.13 of 21,284
the Revised Code; 21,285
(F) For the construction or acquisition of any specific 21,287
permanent improvement or class of improvements that the taxing 21,288
authority of the subdivision may include in a single bond issue; 21,289
(G) For the general construction, reconstruction, 21,291
resurfacing, and repair of streets, roads, and bridges in 21,292
municipal corporations, counties, or townships; 21,293
496
(H) For recreational purposes; 21,295
(I) For the purpose of providing and maintaining fire 21,297
apparatus, appliances, buildings, or sites therefor, or sources 21,298
of water supply and materials therefor, or the establishment and 21,299
maintenance of lines of fire alarm telegraph, or the payment of 21,300
permanent, part-time, or volunteer firefighters or fire-fighting 21,302
companies to operate the same, including the payment of the 21,303
firefighter employers' contribution required under section 742.34 21,306
of the Revised Code, or to purchase ambulance equipment, or to 21,307
provide ambulance, paramedic, or other emergency medical services 21,308
operated by a fire department or fire-fighting company; 21,309
(J) For the purpose of providing and maintaining motor 21,311
vehicles, communications, and other equipment used directly in 21,312
the operation of a police department, or the payment of salaries 21,313
of permanent police personnel, including the payment of the 21,314
police officer employers' contribution required under section 21,316
742.33 of the Revised Code, or the payment of the costs incurred 21,317
by townships as a result of contracts made with other political 21,318
subdivisions in order to obtain police protection, or to provide 21,319
ambulance or emergency medical services operated by a police 21,320
department; 21,321
(K) For the maintenance and operation of a county home; 21,323
(L) For community mental retardation and developmental 21,325
disabilities programs and services pursuant to Chapter 5126. of 21,326
the Revised Code, except that the procedure for such levies shall 21,327
be as provided in section 5705.222 of the Revised Code; 21,328
(M) For regional planning; 21,330
(N) For a county's share of the cost of maintaining and 21,332
operating schools, district detention homes, forestry camps, or 21,333
other facilities, or any combination thereof established under 21,334
section 2151.34 2152.41 or 2151.65 of the Revised Code or both of 21,336
those sections; 21,337
(O) For providing for flood defense, providing and 21,339
maintaining a flood wall or pumps, and other purposes to prevent 21,340
497
floods; 21,341
(P) For maintaining and operating sewage disposal plants 21,343
and facilities; 21,344
(Q) For the purpose of purchasing, acquiring, 21,346
constructing, enlarging, improving, equipping, repairing, 21,347
maintaining, or operating, or any combination of the foregoing, a 21,348
county transit system pursuant to sections 306.01 to 306.13 of 21,349
the Revised Code, or to make any payment to a board of county 21,350
commissioners operating a transit system or a county transit 21,351
board pursuant to section 306.06 of the Revised Code; 21,352
(R) For the subdivision's share of the cost of acquiring 21,354
or constructing any schools, forestry camps, detention homes, or 21,355
other facilities, or any combination thereof under section 21,356
2151.34 2152.41 or 2151.65 of the Revised Code or both of those 21,358
sections;
(S) For the prevention, control, and abatement of air 21,360
pollution; 21,361
(T) For maintaining and operating cemeteries; 21,363
(U) For providing ambulance service, emergency medical 21,365
service, or both; 21,366
(V) For providing for the collection and disposal of 21,368
garbage or refuse, including yard waste; 21,369
(W) For the payment of the police officer employers' 21,372
contribution or the firefighter employers' contribution required 21,375
under sections 742.33 and 742.34 of the Revised Code; 21,376
(X) For the construction and maintenance of a drainage 21,378
improvement pursuant to section 6131.52 of the Revised Code; 21,379
(Y) For providing or maintaining senior citizens services 21,381
or facilities as authorized by section 307.694, 307.85, 505.70, 21,382
505.706, or division (EE) of section 717.01 of the Revised Code; 21,383
(Z) For the provision and maintenance of zoological park 21,385
services and facilities as authorized under section 307.76 of the 21,386
Revised Code; 21,387
(AA) For the maintenance and operation of a free public 21,389
498
museum of art, science, or history; 21,390
(BB) For the establishment and operation of a 9-1-1 21,392
system, as defined in section 4931.40 of the Revised Code; 21,393
(CC) For the purpose of acquiring, rehabilitating, or 21,395
developing rail property or rail service. As used in this 21,396
division, "rail property" and "rail service" have the same 21,397
meanings as in section 4981.01 of the Revised Code. This 21,398
division applies only to a county, township, or municipal 21,399
corporation. 21,400
(DD) For the purpose of acquiring property for, 21,402
constructing, operating, and maintaining community centers as 21,403
provided for in section 755.16 of the Revised Code; 21,404
(EE) For the creation and operation of an office or joint 21,406
office of economic development, for any economic development 21,407
purpose of the office, and to otherwise provide for the 21,408
establishment and operation of a program of economic development 21,409
pursuant to sections 307.07 and 307.64 of the Revised Code; 21,410
(FF) For the purpose of acquiring, establishing, 21,412
constructing, improving, equipping, maintaining, or operating, or 21,413
any combination of the foregoing, a township airport, landing 21,414
field, or other air navigation facility pursuant to section 21,415
505.15 of the Revised Code; 21,416
(GG) For the payment of costs incurred by a township as a 21,418
result of a contract made with a county pursuant to section 21,419
505.263 of the Revised Code in order to pay all or any part of 21,420
the cost of constructing, maintaining, repairing, or operating a 21,421
water supply improvement; 21,422
(HH) For a board of township trustees to acquire, other 21,424
than by appropriation, an ownership interest in land, water, or 21,425
wetlands, or to restore or maintain land, water, or wetlands in 21,426
which the board has such an interest, not for purposes of 21,427
recreation, but for the purposes of protecting and preserving the 21,428
natural, scenic, open, or wooded condition of the land, water, or 21,429
wetlands against modification or encroachment resulting from 21,430
499
occupation, development, or other use, which may be styled as 21,431
protecting or preserving "greenspace" in the resolution, notice 21,432
of election, or ballot form; 21,433
(II) For the support by a county of a crime victim 21,435
assistance program that is provided and maintained by a county 21,436
agency or a private, nonprofit corporation or association under 21,437
section 307.62 of the Revised Code; 21,438
(JJ) For any or all of the purposes set forth in divisions 21,440
(I) and (J) of this section. This division applies only to a 21,441
township. 21,442
(KK) For a countywide public safety communications system 21,444
under section 307.63 of the Revised Code. This division applies 21,445
only to counties. 21,446
(LL) For the support by a county of criminal justice 21,448
services under section 307.45 of the Revised Code; 21,449
(MM) For the purpose of maintaining and operating a jail 21,451
or other detention facility as defined in section 2921.01 of the 21,452
Revised Code; 21,453
(NN) For purchasing, maintaining, or improving, or any 21,455
combination of the foregoing, real estate on which to hold 21,456
agricultural fairs. This division applies only to a county. 21,457
(OO) For constructing, rehabilitating, repairing, or 21,459
maintaining sidewalks, walkways, trails, bicycle pathways, or 21,460
similar improvements, or acquiring ownership interests in land 21,461
necessary for the foregoing improvements, by a board of township 21,462
trustees;
(PP) For both of the purposes set forth in divisions (G) 21,464
and (OO) of this section. This division applies only to a 21,465
township.
(QQ) For the legislative authority of a municipal 21,467
corporation, board of county commissioners of a county, or board 21,468
of township trustees of a township to acquire agricultural 21,469
easements, as defined in section 5301.67 of the Revised Code, and 21,471
to supervise and enforce the easements. 21,472
500
The resolution shall be confined to the purpose or purposes 21,474
described in one division of this section, to which the revenue 21,475
derived therefrom shall be applied. The existence in any other 21,476
division of this section of authority to levy a tax for any part 21,477
or all of the same purpose or purposes does not preclude the use 21,478
of such revenues for any part of the purpose or purposes of the 21,479
division under which the resolution is adopted. 21,480
The resolution shall specify the amount of the increase in 21,482
rate that it is necessary to levy, the purpose thereof, and the 21,483
number of years during which the increase in rate shall be in 21,484
effect, which may or may not include a levy upon the duplicate of 21,485
the current year. The number of years may be any number not 21,486
exceeding five, except as follows: 21,487
(1) When the additional rate is for the payment of debt 21,489
charges, the increased rate shall be for the life of the 21,490
indebtedness. 21,491
(2) When the additional rate is for any of the following, 21,493
the increased rate shall be for a continuing period of time: 21,494
(a) For the current expenses for a detention home 21,496
district, a district organized under section 2151.65 of the 21,497
Revised Code, or a combined district organized under sections 21,498
2151.34 2152.41 and 2151.65 of the Revised Code; 21,499
(b) For providing a county's share of the cost of 21,501
maintaining and operating schools, district detention homes, 21,502
forestry camps, or other facilities, or any combination thereof, 21,503
established under section 2151.34 2152.41 or 2151.65 of the 21,504
Revised Code or under both of those sections. 21,506
(3) When the additional rate is for any of the following, 21,508
the increased rate may be for a continuing period of time: 21,509
(a) For the purposes set forth in division (I), (J), (U), 21,511
or (KK) of this section; 21,512
(b) For the maintenance and operation of a joint 21,514
recreation district; 21,515
(c) A levy imposed by a township for the purposes set 21,517
501
forth in division (G) of this section. 21,518
(4) When the increase is for the purpose set forth in 21,520
division (D) or (CC) of this section or for both of the purposes 21,521
set forth in divisions (G) and (OO) of this section, the tax levy 21,522
may be for any specified number of years or for a continuing 21,524
period of time, as set forth in the resolution. 21,525
(5) When the additional rate is for the purpose described 21,527
in division (Z) of this section, the increased rate shall be for 21,528
any number of years not exceeding ten. 21,529
A levy for the purposes set forth in division (I), (J), or 21,531
(U) of this section, and a levy imposed by a township for the 21,532
purposes set forth in division (G) of this section, may be 21,533
reduced pursuant to section 5705.261 or 5705.31 of the Revised 21,534
Code. A levy for the purposes set forth in division (I), (J), or 21,535
(U) of this section, and a levy imposed by a township for the 21,536
purposes set forth in division (G) of this section, may also be 21,537
terminated or permanently reduced by the taxing authority if it 21,538
adopts a resolution stating that the continuance of the levy is 21,539
unnecessary and the levy shall be terminated or that the millage 21,540
is excessive and the levy shall be decreased by a designated 21,541
amount. 21,542
A resolution of a detention home district, a district 21,544
organized under section 2151.65 of the Revised Code, or a 21,545
combined district organized under both sections 2151.34 2152.41 21,547
and 2151.65 of the Revised Code may include both current expenses 21,548
and other purposes, provided that the resolution shall apportion 21,549
the annual rate of levy between the current expenses and other 21,550
purpose or purposes. The apportionment need not be the same for 21,551
each year of the levy, but the respective portions of the rate 21,552
actually levied each year for the current expenses and the other 21,553
purpose or purposes shall be limited by the apportionment. 21,554
Whenever a board of county commissioners, acting either as 21,556
the taxing authority of its county or as the taxing authority of 21,557
a sewer district or subdistrict created under Chapter 6117. of 21,558
502
the Revised Code, by resolution declares it necessary to levy a 21,559
tax in excess of the ten-mill limitation for the purpose of 21,560
constructing, improving, or extending sewage disposal plants or 21,561
sewage systems, the tax may be in effect for any number of years 21,562
not exceeding twenty, and the proceeds thereof, notwithstanding 21,563
the general provisions of this section, may be used to pay debt 21,564
charges on any obligations issued and outstanding on behalf of 21,565
the subdivision for the purposes enumerated in this paragraph, 21,566
provided that any such obligations have been specifically 21,567
described in the resolution. 21,568
The resolution shall go into immediate effect upon its 21,570
passage, and no publication of the resolution is necessary other 21,571
than that provided for in the notice of election. 21,572
When the electors of a subdivision have approved a tax levy 21,574
under this section, the taxing authority of the subdivision may 21,575
anticipate a fraction of the proceeds of the levy and issue 21,576
anticipation notes in accordance with section 5705.191 or 21,577
5705.193 of the Revised Code. 21,578
Section 2. That existing sections 109.42, 109.54, 109.573, 21,580
133.01, 2151.01, 2151.011, 2151.022, 2151.07, 2151.08, 2151.11, 21,581
2151.12, 2151.14, 2151.141, 2151.18, 2151.211, 2151.23, 2151.24, 21,582
2151.25, 2151.26, 2151.27, 2151.271, 2151.28, 2151.29, 2151.31, 21,583
2151.311, 2151.312, 2151.313, 2151.314, 2151.315, 2151.34, 21,584
2151.341, 2151.343, 2151.345, 2151.346, 2151.347, 2151.3411, 21,585
2151.3412, 2151.3413, 2151.3414, 2151.35, 2151.354, 2151.356, 21,586
2151.357, 2151.358, 2151.359, 2151.3510, 2151.3511, 2151.3512, 21,587
2151.36, 2151.38, 2151.411, 2151.62, 2151.65, 2151.651, 2151.652, 21,588
2151.655, 2151.78, 2151.79, 2151.99, 2153.16, 2301.03, 2701.03, 21,589
2744.01, 2744.03, 2919.24, 2921.32, 2923.211, 2923.32, 2923.33, 21,590
2923.34, 2923.36, 2923.44, 2923.45, 2925.42, 2925.43, 2929.01, 21,591
2929.12, 2929.23, 2930.18, 2938.02, 2941.141, 2941.142, 2941.144, 21,592
2941.145, 2941.146, 2945.67, 2950.01, 2950.02, 2950.03, 2950.04, 21,593
2950.05, 2950.06, 2950.07, 2950.08, 2950.09, 2950.10, 2950.11, 21,594
2950.12, 2950.13, 2950.14, 2950.99, 3301.121, 3313.66, 3321.22, 21,595
503
3321.99, 3730.99, 4109.08, 5103.03, 5120.16, 5120.172, 5139.01, 21,596
5139.04, 5139.05, 5139.06, 5139.07, 5139.10, 5139.11, 5139.18, 21,597
5139.20, 5139.24, 5139.27, 5139.271, 5139.281, 5139.29, 5139.31, 21,598
5139.32, 5139.35, 5139.50, 5139.51, 5139.52, 5139.53, 5139.54, 21,599
5705.01, and 5705.19 and sections 2151.02, 2151.021, 2151.342, 21,600
2151.344, 2151.348, 2151.349, 2151.3410, 2151.3415, 2151.3416, 21,601
2151.355, 2151.3512, 2151.45, 2151.46, 2151.47, 2151.48, and 21,602
2151.51 of the Revised Code are hereby repealed. 21,603
Section 3. The General Assembly hereby requests the 21,605
Supreme Court to amend the Juvenile Rules to be consistent with 21,606
the changes in the Juvenile Laws pertaining to delinquent 21,607
children, particularly the laws relating to serious youthful 21,608
offender dispositional sentences and extended juvenile 21,609
jurisdiction dispositions. 21,610
The General Assembly specifically requests the Supreme 21,612
Court to amend Rule 29(C) to permit "no contest" pleas in 21,613
juvenile traffic offender and non-traffic cases with the consent 21,614
of the juvenile court in a manner similar to Criminal Rule 11. 21,615
Children paying fines to juvenile traffic violations bureaus 21,616
should be required to admit guilt, with parental knowledge. 21,617
Section 4. The General Assembly hereby requests the 21,619
Supreme Court to make the following amendments to the Traffic 21,620
Rules:
(A) Amend Traffic Rule 2 to exclude juvenile courts from 21,622
the definition of "court"; 21,623
(B) Amend Traffic Rule 13 to authorize juvenile courts to 21,625
create violations bureaus for the payment of tickets that involve 21,626
first offense minor misdemeanor traffic offenses that did not 21,627
result in an accident.
Section 5. (A) Section 2151.358 of the Revised Code is 21,629
presented in this act as a composite of the section as amended by 21,630
both Am. Sub. H.B. 1 and Am. Sub. S.B. 2 of the 121st General 21,631
Assembly, with the new language of neither of the acts shown in 21,633
capital letters. Section 2923.36 of the Revised Code is 21,634
504
presented in this act as a composite of the section as amended by 21,635
both Sub. H.B. 266 and Sub. H.B. 506 of the 118th General 21,636
Assembly, with the new language of neither of the acts shown in 21,638
capital letters. Section 2950.08 of the Revised Code is 21,639
presented in this act as a composite of the section as amended by 21,640
both Am. Sub. H.B. 180 and Am. Sub. S.B. 160 of the 121st General 21,641
Assembly, with the new language of neither of the acts shown in 21,643
capital letters. Section 5139.07 of the Revised Code is 21,644
presented in this act as a composite of the section as amended by 21,645
both Am. Sub. H.B. 1 and Am. Sub. H.B. 215 of the 122nd General 21,646
Assembly, with the new language of neither of the acts shown in 21,648
capital letters. Section 5705.01 of the Revised Code is 21,649
presented in this act as a composite of the section as amended by 21,650
both Am. Sub. H.B. 117 and Am. H.B. 192 of the 121st General 21,651
Assembly, with the new language of neither of the acts shown in 21,653
capital letters. This is in recognition of the principle stated 21,655
in division (B) of section 1.52 of the Revised Code that such 21,656
amendments are to be harmonized where not substantively 21,657
irreconcilable and constitutes a legislative finding that such is 21,658
the resulting version in effect prior to the effective date of 21,659
this act. This is in recognition of the principle stated in 21,661
division (B) of section 1.52 of the Revised Code that such 21,662
amendments are to be harmonized where not substantively 21,663
irreconcilable and constitutes a legislative finding that such is 21,664
the resulting version in effect prior to the effective date of 21,665
this act.
(B) Section 2929.01 of the Revised Code was amended by 21,667
both H.B. 378 and Am. Sub. S.B. 111 of the 122nd General 21,668
Assembly. Comparison of these amendments in pursuance of section 21,669
1.52 of the Revised Code discloses that while certain of the 21,670
amendments of these acts are reconcilable, certain other of the 21,671
amendments are substantively irreconcilable. H.B. 378 was passed 21,672
on November 13, 1997; S.B. 111 was passed on November 18, 1997. 21,673
Section 2929.01 of the Revised Code is therefore presented in 21,674
505
this act as it results from S.B. 111 and such of the amendments 21,675
of H.B. 378 as are not in conflict with the amendments of S.B. 21,676
111. This is in recognition of the principles stated in division 21,677
(B) of section 1.52 of the Revised Code that amendments are to be 21,678
harmonized where not substantively irreconcilable, and that where 21,679
amendments are substantively irreconcilable, the latest amendment 21,680
is to prevail. This section constitutes a legislative finding 21,681
that such harmonized and reconciled section was the resulting
version in effect prior to the effective date of this act. 21,682