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           

                                                          2      


                                                                 
                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           

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
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                 

                                                          6      


                                                                 
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                         

                                                          7      


                                                                 
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          

                                                          8      


                                                                 
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          

                                                          9      


                                                                 
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          

                                                          10     


                                                                 
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          

                                                          11     


                                                                 
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                

                                                          12     


                                                                 
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          

                                                          13     


                                                                 
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          

                                                          14     


                                                                 
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