As Reported by the Senate Judiciary Committee 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 179 5
1999-2000 6
SENATORS LATTA-HOTTINGER-JOHNSON-OELSLAGER 8
_________________________________________________________________ 10
A B I L L
To amend sections 109.42, 109.54, 109.573, 133.01, 12
181.22, 307.02, 307.022, 329.05, 2151.01, 13
2151.011, 2151.022, 2151.07, 2151.08, 2151.10, 14
2151.11, 2151.12, 2151.14, 2151.141, 2151.18, 16
2151.211, 2151.23, 2151.24, 2151.25, 2151.26,
2151.27, 2151.271, 2151.28, 2151.29, 2151.31, 17
2151.311, 2151.312, 2151.313, 2151.314, 2151.315, 18
2151.34, 2151.341, 2151.343, 2151.35, 2151.352, 19
2151.354, 2151.356, 2151.357, 2151.358, 2151.359, 20
2151.3510, 2151.3511, 2151.36, 2151.38, 2151.62, 21
2151.65, 2151.651, 2151.652, 2151.655, 2151.78, 22
2151.79, 2151.99, 2153.16, 2301.03, 2301.31, 23
2701.03, 2744.01, 2744.03, 2919.24, 2921.32,
2923.211, 2923.32, 2923.33, 2923.34, 2923.36, 24
2923.44, 2923.45, 2925.42, 2925.43, 2929.01, 25
2929.12, 2929.23, 2938.02, 2941.141, 2941.142, 26
2941.144, 2941.145, 2941.146, 2945.67, 3301.121, 27
3313.66, 3321.22, 3730.07, 3730.99, 4109.08,
5103.03, 5120.16, 5120.172, 5139.01, 5139.04, 28
5139.05, 5139.06, 5139.07, 5139.11, 5139.18, 29
5139.191, 5139.20, 5139.27, 5139.271, 5139.281, 30
5139.29, 5139.31, 5139.32, 5139.35, 5139.41, 31
5139.50, 5139.51, 5139.52, 5139.53, 5139.54,
5705.01, and 5705.19; to amend, for the purpose 32
of adopting new section numbers as indicated in 33
parentheses, sections 2151.11 (2152.73), 2151.18
(2152.71), 2151.25 (2152.03), 2151.26 (2152.12), 35
2151.312 (2152.26), 2151.315 (2152.74), 2151.34
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(2152.41), 2151.341 (2152.43), 2151.343 36
(2152.44), 2151.356 (2152.21), 2151.3511 37
(2152.81), and 2151.62 (2152.72); to enact new 38
sections 2151.18 and 2151.312 and sections 39
2152.01, 2152.02, 2152.021, 2152.04, 2152.11, 40
2152.13, 2152.14, 2152.16, 2152.17, 2152.18,
2152.19, 2152.20, 2152.22, 2152.42, 2152.61, and 41
2152.99; and to repeal sections 2151.02, 43
2151.021, 2151.342, 2151.344, 2151.345, 2151.346,
2151.347, 2151.348, 2151.349, 2151.3410, 45
2151.3411, 2151.3412, 2151.3413, 2151.3414,
2151.3415, 2151.3416, 2151.355, 2151.3512, 46
2151.411, 2151.45, 2151.46, 2151.47, 2151.48, 47
2151.51, and 5139.24 of the Revised Code to 48
implement, with modifications, the 49
recommendations of the Criminal Sentencing
Commission pertaining to juvenile offender 50
transfers of alleged delinquent children to 51
criminal court for prosecution, dispositions of 52
delinquent children and juvenile traffic
offenders, and other changes to the Juvenile 53
Court Law and the Juvenile Code. 54
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 56
Section 1. That sections 109.42, 109.54, 109.573, 133.01, 58
181.22, 307.02, 307.022, 329.05, 2151.01, 2151.011, 2151.022, 60
2151.07, 2151.08, 2151.10, 2151.11, 2151.12, 2151.14, 2151.141, 61
2151.18, 2151.211, 2151.23, 2151.24, 2151.25, 2151.26, 2151.27, 62
2151.271, 2151.28, 2151.29, 2151.31, 2151.311, 2151.312, 63
2151.313, 2151.314, 2151.315, 2151.34, 2151.341, 2151.343, 64
2151.35, 2151.352, 2151.354, 2151.356, 2151.357, 2151.358, 66
2151.359, 2151.3510, 2151.3511, 2151.36, 2151.38, 2151.62, 67
2151.65, 2151.651, 2151.652, 2151.655, 2151.78, 2151.79, 2151.99, 68
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2153.16, 2301.03, 2301.31, 2701.03, 2744.01, 2744.03, 2919.24, 69
2921.32, 2923.211, 2923.32, 2923.33, 2923.34, 2923.36, 2923.44, 70
2923.45, 2925.42, 2925.43, 2929.01, 2929.12, 2929.23, 2938.02, 71
2941.141, 2941.142, 2941.144, 2941.145, 2941.146, 2945.67, 72
3301.121, 3313.66, 3321.22, 3730.07, 3730.99, 4109.08, 5103.03, 74
5120.16, 5120.172, 5139.01, 5139.04, 5139.05, 5139.06, 5139.07, 75
5139.11, 5139.18, 5139.191, 5139.20, 5139.27, 5139.271, 5139.281, 76
5139.29, 5139.31, 5139.32, 5139.35, 5139.41, 5139.50, 5139.51, 77
5139.52, 5139.53, 5139.54, 5705.01, and 5705.19 be amended; 78
sections 2151.11 (2152.73), 2151.18 (2152.71), 2151.25 (2152.03), 80
2151.26 (2152.12), 2151.312 (2152.26), 2151.315 (2152.74), 81
2151.34 (2152.41), 2151.341 (2152.43), 2151.343 (2152.44), 82
2151.356 (2152.21), 2151.3511 (2152.81), and 2151.62 (2152.72) be 84
amended, for the purpose of adopting new section numbers as 85
indicated in parentheses; and new sections 2151.18 and 2151.312 87
and sections 2152.01, 2152.02, 2152.021, 2152.04, 2152.11, 88
2152.13, 2152.14, 2152.16, 2152.17, 2152.18, 2152.19, 2152.20, 89
2152.22, 2152.42, 2152.61, and 2152.99 of the Revised Code be 90
enacted to read as follows: 91
Sec. 109.42. (A) The attorney general shall prepare and 98
have printed a pamphlet that contains a compilation of all 99
statutes relative to victim's rights in which the attorney 100
general lists and explains the statutes in the form of a victim's 102
bill of rights. The attorney general shall distribute the 103
pamphlet to all sheriffs, marshals, municipal corporation and 105
township police departments, constables, and other law 106
enforcement agencies, to all prosecuting attorneys, city 107
directors of law, village solicitors, and other similar chief 108
legal officers of municipal corporations, and to organizations 109
that represent or provide services for victims of crime. The 110
victim's bill of rights set forth in the pamphlet shall contain a 111
description of all of the rights of victims that are provided for 112
in Chapter 2930. or in any other section of the Revised Code and 113
shall include, but not be limited to, all of the following: 114
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(1) The right of a victim or a victim's representative to 117
attend a proceeding before a grand jury, in a juvenile case, or 118
in a criminal case pursuant to a subpoena without being 119
discharged from the victim's or representative's employment, 120
having the victim's or representative's employment terminated, 121
having the victim's or representative's pay decreased or 122
withheld, or otherwise being punished, penalized, or threatened 123
as a result of time lost from regular employment because of the 124
victim's or representative's attendance at the proceeding 126
pursuant to the subpoena, as set forth in section 2151.211, 127
2930.18, 2939.121, or 2945.451 of the Revised Code;
(2) The potential availability pursuant to section 129
2151.411 2151.359 OR 2152.61 of the Revised Code of a forfeited 131
recognizance to pay damages caused by a child when the 132
delinquency of the child or child's violation of probation is 133
found to be proximately caused by the failure of the child's 134
parent or guardian to subject the child to reasonable parental 135
authority or to faithfully discharge the conditions of probation; 136
(3) The availability of awards of reparations pursuant to 138
sections 2743.51 to 2743.72 of the Revised Code for injuries 139
caused by criminal offenses; 140
(4) The right of the victim in certain criminal or 142
juvenile cases or a victim's representative to receive, pursuant 144
to section 2930.06 of the Revised Code, notice of the date, time, 145
and place of the trial or delinquency proceeding in the case or, 146
if there will not be a trial or delinquency proceeding, 147
information from the prosecutor, as defined in section 2930.01 of 149
the Revised Code, regarding the disposition of the case;
(5) The right of the victim in certain criminal or 151
juvenile cases or a victim's representative to receive, pursuant 152
to section 2930.04, 2930.05, or 2930.06 of the Revised Code, 153
notice of the name of the person charged with the violation, the 154
case or docket number assigned to the charge, and a telephone 155
number or numbers that can be called to obtain information about 156
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the disposition of the case;
(6) The right of the victim in certain criminal or 158
juvenile cases or of the victim's representative pursuant to 161
section 2930.13 or 2930.14 of the Revised Code, subject to any 162
reasonable terms set by the court as authorized under section 163
2930.14 of the Revised Code, to make a statement about the 165
victimization and, if applicable, a statement relative to the 166
sentencing or disposition of the offender; 168
(7) The opportunity to obtain a court order, pursuant to 170
section 2945.04 of the Revised Code, to prevent or stop the 171
commission of the offense of intimidation of a crime victim or 172
witness or an offense against the person or property of the 173
complainant, or of the complainant's ward or child; 174
(8) The right of the victim in certain criminal or 176
juvenile cases or a victim's representative pursuant to sections 178
2151.38, 2929.20, 2930.10, 2930.16, and 2930.17 of the Revised 180
Code to receive notice of a pending motion for judicial release
or early release of the person who committed the offense against 183
the victim, to make an oral or written statement at the court 185
hearing on the motion, and to be notified of the court's decision 186
on the motion;
(9) The right of the victim in certain criminal or 188
juvenile cases or a victim's representative pursuant to section 189
2930.16, 2967.12, 2967.26, or 5139.56 of the Revised Code to 191
receive notice of any pending commutation, pardon, parole, 192
transitional control, discharge, other form of authorized 193
release, post-release control, or supervised release for the 194
person who committed the offense against the victim or any 195
application for release of that person and to send a written 197
statement relative to the victimization and the pending action to 198
the adult parole authority or the release authority of the 199
department of youth services; 200
(10) The right of the victim to bring a civil action 202
pursuant to sections 2969.01 to 2969.06 of the Revised Code to 203
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obtain money from the offender's profit fund; 204
(11) The right, pursuant to section 3109.09 of the Revised 207
Code, to maintain a civil action to recover compensatory damages
not exceeding ten thousand dollars and costs from the parent of a 209
minor who willfully damages property through the commission of an 210
act that would be a theft offense, as defined in section 2913.01 211
of the Revised Code, if committed by an adult;
(12) The right, pursuant to section 3109.10 of the Revised 213
Code, to maintain a civil action to recover compensatory damages 214
not exceeding ten thousand dollars and costs from the parent of a 215
minor who willfully and maliciously assaults a person; 216
(13) The possibility of receiving restitution from an 218
offender or a delinquent child pursuant to section 2151.355 219
2152.20, 2929.18, or 2929.21 of the Revised Code; 221
(14) The right of the victim in certain criminal or 223
juvenile cases or a victim's representative, pursuant to section 224
2930.16 of the Revised Code, to receive notice of the escape from 226
confinement or custody of the person who committed the offense, 227
to receive that notice from the custodial agency of the person at 228
the victim's last address or telephone number provided to the 229
custodial agency, and to receive notice that, if either the 230
victim's address or telephone number changes, it is in the 231
victim's interest to provide the new address or telephone number 232
to the custodial agency; 233
(15) The right of a victim of domestic violence to seek 235
the issuance of a temporary protection order pursuant to section 237
2919.26 of the Revised Code, to seek the issuance of a civil 238
protection order pursuant to section 3113.31 of the Revised Code, 239
and to be accompanied by a victim advocate during court
proceedings; 240
(16) The right of a victim of a sexually oriented offense 243
that is committed by a person who is adjudicated as being a 244
sexual predator or, in certain cases, by a person who is 245
determined to be a habitual sex offender to receive, pursuant to 246
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section 2950.10 of the Revised Code, notice that the offender 247
PERSON has registered with a sheriff under section 2950.04 or 248
2950.05 of the Revised Code and notice of the offender's PERSON'S 250
name and residence address or addresses, and a summary of the 252
manner in which the victim must make a request to receive the 253
notice. As used in this division, "sexually oriented offense," 254
"adjudicated as being a sexual predator," and "habitual sex 255
offender" have the same meanings as in section 2950.01 of the 256
Revised Code.
(17) The right of a victim of certain sexually violent 258
offenses committed by a sexually violent predator who is 259
sentenced to a prison term pursuant to division (A)(3) of section 261
2971.03 of the Revised Code to receive, pursuant to section 262
2930.16 of the Revised Code, notice of a hearing to determine 263
whether to modify the requirement that the offender serve the 264
entire prison term in a state correctional facility, whether to 265
continue, revise, or revoke any existing modification of that 266
requirement, or whether to terminate the prison term. As used in 267
this division, "sexually violent offense" and "sexually violent 268
predator" have the same meanings as in section 2971.01 of the 269
Revised Code.
(B)(1)(a) Subject to division (B)(1)(c) of this section, a 271
prosecuting attorney, assistant prosecuting attorney, city 273
director of law, assistant CITY director of law, village 274
solicitor, assistant village solicitor, or similar chief legal 275
officer of a municipal corporation or an assistant of any of 276
those officers who prosecutes an offense committed in this state, 277
upon first contact with the victim of the offense, the victim's 278
family, or the victim's dependents, shall give the victim, the 280
victim's family, or the victim's dependents a copy of the 281
pamphlet prepared pursuant to division (A) of this section and 282
explain, upon request, the information in the pamphlet to the
victim, the victim's family, or the victim's dependents. 283
(b) Subject to division (B)(1)(c) of this section, a law 285
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enforcement agency that investigates an offense or delinquent act 288
committed in this state shall give the victim of the offense or 290
delinquent act, the victim's family, or the victim's dependents a 292
copy of the pamphlet prepared pursuant to division (A) of this 293
section at one of the following times: 294
(i) Upon first contact with the victim, the victim's 296
family, or the victim's dependents; 297
(ii) If the offense or delinquent act is an offense of 299
violence, if the circumstances of the offense or delinquent act 301
and the condition of the victim, the victim's family, or the 303
victim's dependents indicate that the victim, the victim's 304
family, or the victim's dependents will not be able to understand 305
the significance of the pamphlet upon first contact with the 306
agency, and if the agency anticipates that it will have an 307
additional contact with the victim, the victim's family, or the 308
victim's dependents, upon the agency's second contact with the 309
victim, the victim's family, or the victim's dependents. 310
If the agency does not give the victim, the victim's 312
family, or the victim's dependents a copy of the pamphlet upon 313
first contact with them and does not have a second contact with 314
the victim, the victim's family, or the victim's dependents, the 316
agency shall mail a copy of the pamphlet to the victim, the 317
victim's family, or the victim's dependents at their last known 318
address. 319
(c) In complying on and after December 9, 1994, with the 321
duties imposed by division (B)(1)(a) or (b) of this section, an 323
official or a law enforcement agency shall use copies of the 324
pamphlet that are in the official's or agency's possession on 325
December 9, 1994, until the official or agency has distributed 327
all of those copies. After the official or agency has 328
distributed all of those copies, the official or agency shall use 329
only copies of the pamphlet that contain at least the information 330
described in division (A)(1) to (17) of this section. 331
(2) The failure of a law enforcement agency or of a 333
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prosecuting attorney, assistant prosecuting attorney, CITY 334
director of law, assistant CITY director of law, village 335
solicitor, assistant village solicitor, or similar chief legal 336
officer of a municipal corporation or an assistant to any of 337
those officers to give, as required by division (B)(1) of this 340
section, the victim of an offense or delinquent act, the victim's 341
family, or the victim's dependents a copy of the pamphlet 342
prepared pursuant to division (A) of this section does not give 343
the victim, the victim's family, the victim's dependents, or a 344
victim's representative any rights under section 122.95, 2743.51 347
to 2743.72, 2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 348
3109.10 of the Revised Code or under any other provision of the 349
Revised Code and does not affect any right under those sections. 350
(3) A law enforcement agency, a prosecuting attorney or 352
assistant prosecuting attorney, or a CITY director of law, 353
assistant CITY director of law, village solicitor, assistant 355
village solicitor, or similar chief legal officer of a municipal
corporation that distributes a copy of the pamphlet prepared 357
pursuant to division (A) of this section shall not be required to 358
distribute a copy of an information card or other printed 359
material provided by the clerk of the court of claims pursuant to 360
section 2743.71 of the Revised Code.
(C) The cost of printing and distributing the pamphlet 362
prepared pursuant to division (A) of this section shall be paid 363
out of the reparations fund, created pursuant to section 2743.191 364
of the Revised Code, in accordance with division (D) of that 365
section. 366
(D) As used in this section: 368
(1) "Victim's representative" has the same meaning as in 370
section 2930.01 of the Revised Code; 371
(2) "Victim advocate" has the same meaning as in section 374
2919.26 of the Revised Code.
Sec. 109.54. (A) The bureau of criminal identification 383
and investigation may investigate any criminal activity in this 384
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state that is of statewide or intercounty concern when requested 385
by local authorities and may aid federal authorities, when 386
requested, in their investigation of any criminal activity in 387
this state. The bureau may investigate any criminal activity in 388
this state involving drug abuse or illegal drug distribution 389
prohibited under Chapter 3719. or 4729. of the Revised Code. The 390
superintendent and any agent of the bureau may participate, as 391
the director of an organized crime task force established under 392
section 177.02 of the Revised Code or as a member of the 393
investigatory staff of a task force established under that 394
section, in an investigation of organized criminal activity 395
anywhere within this state under sections 177.01 to 177.03 of the 396
Revised Code.
(B) The bureau may provide any trained investigative 398
personnel and specialized equipment that are requested by any 399
sheriff or chief of police, by the authorized designee of any 400
sheriff or chief of police, or by any other authorized law 401
enforcement officer to aid and assist the officer in the 402
investigation and solution of any crime or the control of any 403
criminal activity occurring within the officer's jurisdiction. 404
This assistance shall be furnished by the bureau without 405
disturbing or impairing any of the existing law enforcement 406
authority or the prerogatives of local law enforcement 407
authorities or officers. Investigators provided pursuant to this 408
section, or engaged in an investigation pursuant to section 409
109.83 of the Revised Code, may go armed in the same manner as 410
sheriffs and regularly appointed police officers under section 411
2923.12 of the Revised Code.
(C)(1) The bureau shall obtain recording equipment that 413
can be used to record depositions of the type described in 414
division (A) of section 2151.3511 2152.81 and division (A) of 415
section 2945.481 of the Revised Code, or testimony of the type 417
described in division (D) of section 2151.3511 2152.81 and 418
division (D) of section 2945.481 or in division (C) of section 420
11
2937.11 of the Revised Code, shall obtain closed circuit 421
equipment that can be used to televise testimony of the type 422
described in division (C) of section 2151.3511 2152.81 and 423
division (C) of section 2945.481 or in division (B) of section 425
2937.11 of the Revised Code, and shall provide the equipment, 426
upon request, to any court for use in recording any deposition or 427
testimony of one of those types or in televising the testimony in 429
accordance with the applicable division.
(2) The bureau shall obtain the names, addresses, and 431
telephone numbers of persons who are experienced in questioning 432
children in relation to an investigation of a violation of 433
section 2905.03, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 435
2907.06, 2907.07, 2907.09, 2907.21, 2907.23, 2907.24, 2907.31, 436
2907.32, 2907.321, 2907.322, 2907.323, or 2919.22 of the Revised 438
Code or an offense of violence and shall maintain a list of those 439
names, addresses, and telephone numbers. The list shall include 440
a classification of the names, addresses, and telephone numbers 441
by appellate district. Upon request, the bureau shall provide 442
any county sheriff, chief of police, prosecuting attorney, 443
village solicitor, city director of law, or similar chief legal 444
officer with the name, address, and telephone number of any 445
person contained in the list.
Sec. 109.573. (A) As used in this section: 454
(1) "DNA" means human deoxyribonucleic acid. 456
(2) "DNA analysis" means a laboratory analysis of a DNA 458
specimen to identify DNA characteristics and to create a DNA 460
record.
(3) "DNA database" means a collection of DNA records from 463
forensic casework or from crime scenes, specimens from anonymous
and unidentified sources, and records collected pursuant to 465
sections 2151.315 2152.74 and 2901.07 of the Revised Code and a 467
population statistics database for determining the frequency of 468
occurrence of characteristics in DNA records. 469
(4) "DNA record" means the objective result of a DNA 471
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analysis of a DNA specimen, including representations of DNA 473
fragment lengths, digital images of autoradiographs, discrete
allele assignment numbers, and other DNA specimen characteristics 474
that aid in establishing the identity of an individual. 475
(5) "DNA specimen" includes human blood cells or 477
physiological tissues or body fluids. 478
(6) "Unidentified person database" means a collection of 480
DNA records, and, on and after the effective date of this 481
amendment MAY 21, 1998, of fingerprint and photograph records, of 483
unidentified human corpses, human remains, or living individuals.
(7) "Relatives of missing persons database" means a 485
collection of DNA records of persons related by consanguinity of 487
the first degree to a missing person. 488
(8) "Law enforcement agency" means a police department, 490
the office of a sheriff, the state highway patrol, a county 491
prosecuting attorney, or a federal, state, or local governmental 492
body that enforces criminal laws and that has employees who have 493
a statutory power of arrest. 494
(B)(1) The superintendent of the bureau of criminal 496
identification and investigation may do all of the following: 497
(a) Establish and maintain a state DNA laboratory to 500
perform DNA analysis of DNA specimens; 501
(b) Establish and maintain a DNA database; 504
(c) Establish and maintain an unidentified person database 507
to aid in the establishment of the identity of unknown human
corpses, human remains, or living individuals; 508
(d) Establish and maintain a relatives of missing persons 511
database for comparison with the unidentified person database to 512
aid in the establishment of the identity of unknown human 513
corpses, human remains, and living individuals.
(2) If the bureau of criminal identification and 515
investigation establishes and maintains a DNA laboratory and a 516
DNA database, the bureau may use or disclose information 517
regarding DNA records for the following purposes: 518
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(a) The bureau may disclose information to a law 520
enforcement agency for purposes of identification. 521
(b) The bureau shall disclose pursuant to a court order 524
issued under section 3111.09 of the Revised Code any information
necessary to determine the existence of a parent and child 526
relationship in an action brought under sections 3111.01 to
3111.19 of the Revised Code. 527
(c) The bureau may use or disclose information from the 530
population statistics database, for identification research and 531
protocol development, or for quality control purposes.
(3) If the bureau of criminal identification and 533
investigation establishes and maintains a relatives of missing 534
persons database, all of the following apply: 535
(a) If a person has disappeared and has been continuously 538
absent from the person's place of last domicile for a thirty-day 539
or longer period of time without being heard from during the
period, persons related by consanguinity of the first degree to 541
the missing person may submit to the bureau a DNA specimen, the 542
bureau may include the DNA record of the specimen in the 544
relatives of missing persons database, and, if the bureau does 545
not include the DNA record of the specimen in the relatives of 546
missing persons database, the bureau shall retain the DNA record 547
for future reference and inclusion as appropriate in that 548
database.
(b) The bureau shall not charge a fee for the submission 551
of a DNA specimen pursuant to division (B)(3)(a) of this section. 553
(c) A physician, registered nurse, licensed practical 555
nurse, duly licensed clinical laboratory technician, or other 556
qualified medical practitioner shall conduct the collection 557
procedure for the DNA specimen submitted pursuant to division 558
(B)(3)(a) of this section and shall collect the DNA specimen in a 560
medically approved manner. No later than fifteen days after the 561
date of the collection of the DNA specimen, the person conducting 563
the DNA specimen collection procedure shall cause the DNA 565
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specimen to be forwarded to the bureau of criminal identification 567
and investigation in accordance with procedures established by 568
the superintendent of the bureau under division (H) of this 569
section. The bureau may provide the specimen vials, mailing 570
tubes, labels, postage, and instruction needed for the collection 571
and forwarding of the DNA specimen to the bureau. 573
(d) The superintendent, in the superintendent's 575
discretion, may compare DNA records in the relatives of missing 577
persons database with the DNA records in the unidentified person 578
database.
(4) If the bureau of criminal identification and 580
investigation establishes and maintains an unidentified person 581
database and if the superintendent of the bureau identifies a 583
matching DNA record for the DNA record of a person or deceased 584
person whose DNA record is contained in the unidentified person 586
database, the superintendent shall inform the coroner who 587
submitted or the law enforcement agency that submitted the DNA 588
specimen to the bureau of the match and, if possible, of the 589
identity of the unidentified person.
(5) The bureau of criminal identification and 591
investigation may enter into a contract with a qualified public 592
or private laboratory to perform DNA analyses, DNA specimen 593
maintenance, preservation, and storage, DNA record keeping, and 594
other duties required of the bureau under this section. A public 595
or private laboratory under contract with the bureau shall follow 596
quality assurance and privacy requirements established by the 597
superintendent of the bureau.
(C) The superintendent of the bureau of criminal 599
identification and investigation shall establish procedures for 600
entering into the DNA database the DNA records submitted pursuant 602
to sections 2151.315 2152.74 and 2901.07 of the Revised Code and 604
for determining an order of priority for entry of the DNA records 606
based on the types of offenses committed by the persons whose 607
records are submitted and the available resources of the bureau.
15
(D) When a DNA record is derived from a DNA specimen 610
provided pursuant to section 2151.315 2152.74 or 2901.07 of the 611
Revised Code, the bureau of criminal identification and 613
investigation shall attach to the DNA record personal 614
identification information that identifies the person from whom 615
the DNA specimen was taken. The personal identification
information may include the subject person's fingerprints and any 616
other information the bureau determines necessary. The DNA 617
record and personal identification information attached to it 618
shall be used only for the purpose of personal identification or 619
for a purpose specified in this section. 620
(E) DNA records, DNA specimens, fingerprints, and 623
photographs that the bureau of criminal identification and 624
investigation receives pursuant to this section and sections 625
313.08, 2151.315 2152.74, and 2901.07 of the Revised Code and 627
personal identification information attached to a DNA record are 628
not public records under section 149.43 of the Revised Code. 629
(F) The bureau of criminal identification and 631
investigation may charge a reasonable fee for providing 632
information pursuant to this section to any law enforcement 633
agency located in another state. 634
(G)(1) No person who because of the person's employment or 636
official position has access to a DNA specimen, a DNA record, or 637
other information contained in the DNA database that identifies 638
an individual shall knowingly disclose that specimen, record, or 639
information to any person or agency not entitled to receive it or 640
otherwise shall misuse that specimen, record, or information. 641
(2) No person without authorization or privilege to obtain 643
information contained in the DNA database that identifies an 644
individual person shall purposely obtain that information. 646
(H) The superintendent of the bureau of criminal 648
identification and investigation shall establish procedures for 649
all of the following: 650
(1) The forwarding to the bureau of DNA specimens 652
16
collected pursuant to division (H) of this section and sections 653
313.08. 2151.315, 2152.74, and 2901.07 of the Revised Code and of 655
fingerprints and photographs collected pursuant to section 313.08 656
of the Revised Code;
(2) The collection, maintenance, preservation, and 658
analysis of DNA specimens; 659
(3) The creation, maintenance, and operation of the DNA 661
database; 662
(4) The use and dissemination of information from the DNA 664
database; 665
(5) The creation, maintenance, and operation of the 667
unidentified person database; 668
(6) The use and dissemination of information from the 670
unidentified person database; 671
(7) The creation, maintenance, and operation of the 673
relatives of missing persons database; 674
(8) The use and dissemination of information from the 676
relatives of missing persons database; 677
(9) The verification of entities requesting DNA records 679
and other DNA information from the bureau and the authority of 680
the entity to receive the information; 681
(10) The operation of the bureau and responsibilities of 683
employees of the bureau with respect to the activities described 684
in this section. 685
Sec. 133.01. As used in this chapter, in sections 9.95, 694
9.96, and 2151.655 of the Revised Code, in other sections of the 695
Revised Code that make reference to this chapter unless the 696
context does not permit, and in related proceedings, unless 697
otherwise expressly provided: 698
(A) "Acquisition" as applied to real or personal property 700
includes, among other forms of acquisition, acquisition by 701
exercise of a purchase option, and acquisition of interests in 702
property, including, without limitation, easements and 703
rights-of-way, and leasehold and other lease interests initially 704
17
extending or extendable for a period of at least sixty months. 705
(B) "Anticipatory securities" means securities, including 707
notes, issued in anticipation of the issuance of other 708
securities. 709
(C) "Board of elections" means the county board of 711
elections of the county in which the subdivision is located. If 712
the subdivision is located in more than one county, "board of 713
elections" means the county board of elections of the county that 714
contains the largest portion of the population of the subdivision 715
or that otherwise has jurisdiction in practice over and 716
customarily handles election matters relating to the subdivision. 717
(D) "Bond retirement fund" means the bond retirement fund 719
provided for in section 5705.09 of the Revised Code, and also 720
means a sinking fund or any other special fund, regardless of the 721
name applied to it, established by or pursuant to law or the 722
proceedings for the payment of debt charges. Provision may be 723
made in the applicable proceedings for the establishment in a 724
bond retirement fund of separate accounts relating to debt 725
charges on particular securities, or on securities payable from 726
the same or common sources, and for the application of moneys in 727
those accounts only to specified debt charges on specified 728
securities or categories of securities. Subject to law and any 729
provisions in the applicable proceedings, moneys in a bond 730
retirement fund or separate account in a bond retirement fund may 731
be transferred to other funds and accounts. 732
(E) "Capitalized interest" means all or a portion of the 734
interest payable on securities from their date to a date stated 735
or provided for in the applicable legislation, which interest is 736
to be paid from the proceeds of the securities. 737
(F) "Chapter 133. securities" means securities authorized 739
by or issued pursuant to or in accordance with this chapter. 740
(G) "County auditor" means the county auditor of the 742
county in which the subdivision is located. If the subdivision 743
is located in more than one county, "county auditor" means the 744
18
county auditor of the county that contains the highest amount of 745
the tax valuation of the subdivision or that otherwise has 746
jurisdiction in practice over and customarily handles property 747
tax matters relating to the subdivision. In the case of a county 748
that has adopted a charter, "county auditor" means the officer 749
who generally has the duties and functions provided in the 750
Revised Code for a county auditor. 751
(H) "Credit enhancement facilities" means letters of 753
credit, lines of credit, stand-by, contingent, or firm securities 754
purchase agreements, insurance, or surety arrangements, 755
guarantees, and other arrangements that provide for direct or 756
contingent payment of debt charges, for security or additional 757
security in the event of nonpayment or default in respect of 758
securities, or for making payment of debt charges to and at the 759
option and on demand of securities holders or at the option of 760
the issuer or upon certain conditions occurring under put or 761
similar arrangements, or for otherwise supporting the credit or 762
liquidity of the securities, and includes credit, reimbursement, 763
marketing, remarketing, indexing, carrying, interest rate hedge, 764
and subrogation agreements, and other agreements and arrangements 765
for payment and reimbursement of the person providing the credit 766
enhancement facility and the security for that payment and 767
reimbursement. 768
(I) "Current operating expenses" or "current expenses" 770
means the lawful expenditures of a subdivision, except those for 771
permanent improvements and for payments of debt charges of the 772
subdivision. 773
(J) "Debt charges" means the principal, including any 775
mandatory sinking fund deposits and mandatory redemption 776
payments, interest, and any redemption premium, payable on 777
securities as those payments come due and are payable. The use 778
of "debt charges" for this purpose does not imply that any 779
particular securities constitute debt within the meaning of the 780
Ohio Constitution or other laws. 781
19
(K) "Financing costs" means all costs and expenses 783
relating to the authorization, including any required election, 784
issuance, sale, delivery, authentication, deposit, custody, 785
clearing, registration, transfer, exchange, fractionalization, 786
replacement, payment, and servicing of securities, including, 787
without limitation, costs and expenses for or relating to 788
publication and printing, postage, delivery, preliminary and 789
final official statements, offering circulars, and informational 790
statements, travel and transportation, underwriters, placement 791
agents, investment bankers, paying agents, registrars, 792
authenticating agents, remarketing agents, custodians, clearing 793
agencies or corporations, securities depositories, financial 794
advisory services, certifications, audits, federal or state 795
regulatory agencies, accounting and computation services, legal 796
services and obtaining approving legal opinions and other legal 797
opinions, credit ratings, redemption premiums, and credit 798
enhancement facilities. Financing costs may be paid from any 799
moneys available for the purpose, including, unless otherwise 800
provided in the proceedings, from the proceeds of the securities 801
to which they relate and, as to future financing costs, from the 802
same sources from which debt charges on the securities are paid 803
and as though debt charges. 804
(L) "Fiscal officer" means the following, or, in the case 806
of absence or vacancy in the office, a deputy or assistant 807
authorized by law or charter to act in the place of the named 808
officer, or if there is no such authorization then the deputy or 809
assistant authorized by legislation to act in the place of the 810
named officer for purposes of this chapter, in the case of the 811
following subdivisions: 812
(1) A county, the county auditor; 814
(2) A municipal corporation, the city auditor or village 816
clerk or clerk-treasurer, or the officer who, by virtue of a 817
charter, has the duties and functions provided in the Revised 818
Code for the city auditor or village clerk or clerk-treasurer; 819
20
(3) A school district, the treasurer of the board of 821
education; 822
(4) A regional water and sewer district, the secretary of 824
the board of trustees; 825
(5) A joint township hospital district, the treasurer of 827
the district; 828
(6) A joint ambulance district, the clerk of the board of 830
trustees; 831
(7) A joint recreation district, the person designated 833
pursuant to section 755.15 of the Revised Code; 834
(8) A detention home FACILITY district or a district 836
organized under section 2151.65 of the Revised Code or a combined 837
district organized under sections 2151.34 2152.41 and 2151.65 of 838
the Revised Code, the county auditor of the county designated by 840
law to act as the auditor of the district; 841
(9) A township or a township police district, the clerk of 843
the township; 844
(10) A joint fire district, the clerk of the board of 846
trustees of that district; 847
(11) A regional or county library district, the person 849
responsible for the financial affairs of that district; 850
(12) A joint solid waste management district, the fiscal 852
officer appointed by the board of directors of the district under 853
section 343.01 of the Revised Code; 854
(13) A joint emergency medical services district, the 856
person appointed as fiscal officer pursuant to division (D) of 857
section 307.053 of the Revised Code; 858
(14) A fire and ambulance district, the person appointed 860
as fiscal officer under division (B) of section 505.375 of the 861
Revised Code;
(15) A subdivision described in division (MM)(16) of this 863
section, the officer who is designated by law as or performs the 864
functions of its chief fiscal officer. 865
(M) "Fiscal year" has the same meaning as in section 9.34 867
21
of the Revised Code. 868
(N) "Fractionalized interests in public obligations" means 870
participations, certificates of participation, shares, or other 871
instruments or agreements, separate from the public obligations 872
themselves, evidencing ownership of interests in public 873
obligations or of rights to receive payments of, or on account 874
of, principal or interest or their equivalents payable by or on 875
behalf of an obligor pursuant to public obligations. 876
(O) "Fully registered securities" means securities in 878
certificated or uncertificated form, registered as to both 879
principal and interest in the name of the owner. 880
(P) "Fund" means to provide for the payment of debt 882
charges and expenses related to that payment at or prior to 883
retirement by purchase, call for redemption, payment at maturity, 884
or otherwise. 885
(Q) "General obligation" means securities to the payment 887
of debt charges on which the full faith and credit and the 888
general property taxing power, including taxes within the tax 889
limitation if available to the subdivision, of the subdivision 890
are pledged. 891
(R) "Interest" or "interest equivalent" means those 893
payments or portions of payments, however denominated, that 894
constitute or represent consideration for forbearing the 895
collection of money, or for deferring the receipt of payment of 896
money to a future time. 897
(S) "Internal Revenue Code" means the "Internal Revenue 899
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended, 900
and includes any laws of the United States providing for 901
application of that code. 902
(T) "Issuer" means any public issuer and any nonprofit 904
corporation authorized to issue securities for or on behalf of 905
any public issuer. 906
(U) "Legislation" means an ordinance or resolution passed 908
by a majority affirmative vote of the then members of the taxing 909
22
authority unless a different vote is required by charter 910
provisions governing the passage of the particular legislation by 911
the taxing authority. 912
(V) "Mandatory sinking fund redemption requirements" means 914
amounts required by proceedings to be deposited in a bond 915
retirement fund for the purpose of paying in any year or fiscal 916
year by mandatory redemption prior to stated maturity the 917
principal of securities that is due and payable, except for 918
mandatory prior redemption requirements as provided in those 919
proceedings, in a subsequent year or fiscal year. 920
(W) "Mandatory sinking fund requirements" means amounts 922
required by proceedings to be deposited in a year or fiscal year 923
in a bond retirement fund for the purpose of paying the principal 924
of securities that is due and payable in a subsequent year or 925
fiscal year. 926
(X) "Net indebtedness" has the same meaning as in division 928
(A) of section 133.04 of the Revised Code. 929
(Y) "Obligor," in the case of securities or fractionalized 931
interests in public obligations issued by another person the debt 932
charges or their equivalents on which are payable from payments 933
made by a public issuer, means that public issuer. 934
(Z) "One purpose" relating to permanent improvements means 936
any one permanent improvement or group or category of permanent 937
improvements for the same utility, enterprise, system, or 938
project, development or redevelopment project, or for or devoted 939
to the same general purpose, function, or use or for which 940
self-supporting securities, based on the same or different 941
sources of revenues, may be issued or for which special 942
assessments may be levied by a single ordinance or resolution. 943
"One purpose" includes, but is not limited to, in any case any 944
off-street parking facilities relating to another permanent 945
improvement, and: 946
(1) Any number of roads, highways, streets, bridges, 948
sidewalks, and viaducts; 949
23
(2) Any number of off-street parking facilities; 951
(3) In the case of a county, any number of permanent 953
improvements for courthouse, jail, county offices, and other 954
county buildings, and related facilities; 955
(4) In the case of a school district, any number of 957
facilities and buildings for school district purposes, and 958
related facilities. 959
(AA) "Outstanding," referring to securities, means 961
securities that have been issued, delivered, and paid for, except 962
any of the following: 963
(1) Securities canceled upon surrender, exchange, or 965
transfer, or upon payment or redemption; 966
(2) Securities in replacement of which or in exchange for 968
which other securities have been issued; 969
(3) Securities for the payment, or redemption or purchase 971
for cancellation prior to maturity, of which sufficient moneys or 972
investments, in accordance with the applicable legislation or 973
other proceedings or any applicable law, by mandatory sinking 974
fund redemption requirements, mandatory sinking fund 975
requirements, or otherwise, have been deposited, and credited for 976
the purpose in a bond retirement fund or with a trustee or paying 977
or escrow agent, whether at or prior to their maturity or 978
redemption, and, in the case of securities to be redeemed prior 979
to their stated maturity, notice of redemption has been given or 980
satisfactory arrangements have been made for giving notice of 981
that redemption, or waiver of that notice by or on behalf of the 982
affected security holders has been filed with the subdivision or 983
its agent for the purpose. 984
(BB) "Paying agent" means the one or more banks, trust 986
companies, or other financial institutions or qualified persons, 987
including an appropriate office or officer of the subdivision, 988
designated as a paying agent or place of payment of debt charges 989
on the particular securities. 990
(CC) "Permanent improvement" or "improvement" means any 992
24
property, asset, or improvement certified by the fiscal officer, 993
which certification is conclusive, as having an estimated life or 994
period of usefulness of five years or more, and includes, but is 995
not limited to, real estate, buildings, and personal property and 996
interests in real estate, buildings, and personal property, 997
equipment, furnishings, and site improvements, and 998
reconstruction, rehabilitation, renovation, installation, 999
improvement, enlargement, and extension of property, assets, or 1,000
improvements so certified as having an estimated life or period 1,001
of usefulness of five years or more. The acquisition of all the 1,002
stock ownership of a corporation is the acquisition of a 1,003
permanent improvement to the extent that the value of that stock 1,004
is represented by permanent improvements. A permanent 1,005
improvement for parking, highway, road, and street purposes 1,006
includes resurfacing, but does not include ordinary repair. 1,007
(DD) "Person" has the same meaning as in section 1.59 of 1,009
the Revised Code and also includes any federal, state, 1,010
interstate, regional, or local governmental agency, any 1,011
subdivision, and any combination of those persons. 1,012
(EE) "Proceedings" means the legislation, certifications, 1,014
notices, orders, sale proceedings, trust agreement or indenture, 1,015
mortgage, lease, lease-purchase agreement, assignment, credit 1,016
enhancement facility agreements, and other agreements, 1,017
instruments, and documents, as amended and supplemented, and any 1,018
election proceedings, authorizing, or providing for the terms and 1,019
conditions applicable to, or providing for the security or sale 1,020
or award of, public obligations, and includes the provisions set 1,021
forth or incorporated in those public obligations and 1,022
proceedings. 1,023
(FF) "Public issuer" means any of the following that is 1,025
authorized by law to issue securities or enter into public 1,026
obligations: 1,027
(1) The state, including an agency, commission, officer, 1,029
institution, board, authority, or other instrumentality of the 1,030
25
state; 1,031
(2) A taxing authority, subdivision, district, or other 1,033
local public or governmental entity, and any combination or 1,034
consortium, or public division, district, commission, authority, 1,035
department, board, officer, or institution, thereof; 1,036
(3) Any other body corporate and politic, or other public 1,038
entity. 1,039
(GG) "Public obligations" means both of the following: 1,041
(1) Securities; 1,043
(2) Obligations of a public issuer to make payments under 1,045
installment sale, lease, lease purchase, or similar agreements, 1,046
which obligations bear interest or interest equivalent. 1,047
(HH) "Refund" means to fund and retire outstanding 1,049
securities, including advance refunding with or without payment 1,050
or redemption prior to maturity. 1,051
(II) "Register" means the books kept and maintained by the 1,053
registrar for registration, exchange, and transfer of registered 1,054
securities. 1,055
(JJ) "Registrar" means the person responsible for keeping 1,057
the register for the particular registered securities, designated 1,058
by or pursuant to the proceedings. 1,059
(KK) "Securities" means bonds, notes, certificates of 1,061
indebtedness, commercial paper, and other instruments in writing, 1,062
including, unless the context does not admit, anticipatory 1,063
securities, issued by an issuer to evidence its obligation to 1,064
repay money borrowed, or to pay interest, by, or to pay at any 1,065
future time other money obligations of, the issuer of the 1,066
securities, but not including public obligations described in 1,067
division (GG)(2) of this section. 1,068
(LL) "Self-supporting securities" means securities or 1,070
portions of securities issued for the purpose of paying costs of 1,071
permanent improvements to the extent that receipts of the 1,072
subdivision, other than the proceeds of taxes levied by that 1,073
subdivision, derived from or with respect to the improvements or 1,074
26
the operation of the improvements being financed, or the 1,075
enterprise, system, project, or category of improvements of which 1,076
the improvements being financed are part, are estimated by the 1,077
fiscal officer to be sufficient to pay the current expenses of 1,078
that operation or of those improvements or enterprise, system, 1,079
project, or categories of improvements and the debt charges 1,080
payable from those receipts on securities issued for the purpose. 1,081
Until such time as the improvements or increases in rates and 1,082
charges have been in operation or effect for a period of at least 1,083
six months, the receipts therefrom, for purposes of this 1,084
definition, shall be those estimated by the fiscal officer, 1,085
except that those receipts may include, without limitation, 1,086
payments made and to be made to the subdivision under leases or 1,087
agreements in effect at the time the estimate is made. In the 1,088
case of an operation, improvements, or enterprise, system, 1,089
project, or category of improvements without at least a six-month 1,090
history of receipts, the estimate of receipts by the fiscal 1,091
officer, other than those to be derived under leases and 1,092
agreements then in effect, shall be confirmed by the taxing 1,093
authority. 1,094
(MM) "Subdivision" means any of the following: 1,096
(1) A county, including a county that has adopted a 1,098
charter under Article X, Ohio Constitution; 1,099
(2) A municipal corporation, including a municipal 1,101
corporation that has adopted a charter under Article XVIII, Ohio 1,102
Constitution; 1,103
(3) A school district; 1,105
(4) A regional water and sewer district organized under 1,107
Chapter 6119. of the Revised Code; 1,108
(5) A joint township hospital district organized under 1,110
section 513.07 of the Revised Code; 1,111
(6) A joint ambulance district organized under section 1,113
505.71 of the Revised Code; 1,114
(7) A joint recreation district organized under division 1,116
27
(C) of section 755.14 of the Revised Code; 1,117
(8) A detention home FACILITY district organized under 1,119
section 2151.34 2152.41, a district organized under section 1,120
2151.65, or a combined district organized under sections 2151.34 1,122
2152.41 and 2151.65 of the Revised Code; 1,124
(9) A township police district organized under section 1,126
505.48 of the Revised Code; 1,127
(10) A township; 1,129
(11) A joint fire district organized under section 505.371 1,131
of the Revised Code; 1,132
(12) A county library district created under section 1,134
3375.19 or a regional library district created under section 1,135
3375.28 of the Revised Code; 1,136
(13) A joint solid waste management district organized 1,138
under section 343.01 or 343.012 of the Revised Code; 1,139
(14) A joint emergency medical services district organized 1,141
under section 307.052 of the Revised Code; 1,142
(15) A fire and ambulance district organized under section 1,144
505.375 of the Revised Code; 1,145
(16) Any other political subdivision or taxing district or 1,147
other local public body or agency authorized by this chapter or 1,148
other laws to issue Chapter 133. securities. 1,149
(NN) "Taxing authority" means in the case of the following 1,151
subdivisions: 1,152
(1) A county, a county library district, or a regional 1,154
library district, the board or boards of county commissioners, or 1,155
other legislative authority of a county that has adopted a 1,156
charter under Article X, Ohio Constitution, but with respect to 1,157
such a library district acting solely as agent for the board of 1,158
trustees of that district; 1,159
(2) A municipal corporation, the legislative authority; 1,161
(3) A school district, the board of education; 1,163
(4) A regional water and sewer district, a joint ambulance 1,165
district, a joint recreation district, a fire and ambulance 1,166
28
district, or a joint fire district, the board of trustees of the 1,168
district;
(5) A joint township hospital district, the joint township 1,170
hospital board; 1,171
(6) A detention home FACILITY district or a district 1,173
organized under section 2151.65 of the Revised Code, a combined 1,174
district organized under sections 2151.34 2152.41 and 2151.65 of 1,175
the Revised Code, or a joint emergency medical services district, 1,177
the joint board of county commissioners;
(7) A township or a township police district, the board of 1,179
township trustees; 1,180
(8) A joint solid waste management district organized 1,182
under section 343.01 or 343.012 of the Revised Code, the board of 1,183
directors of the district; 1,184
(9) A subdivision described in division (MM)(16) of this 1,186
section, the legislative or governing body or official. 1,187
(OO) "Tax limitation" means the "ten-mill limitation" as 1,189
defined in section 5705.02 of the Revised Code without diminution 1,190
by reason of section 5705.313 of the Revised Code or otherwise, 1,191
or, in the case of a municipal corporation or county with a 1,192
different charter limitation on property taxes levied to pay debt 1,193
charges on unvoted securities, that charter limitation. Those 1,194
limitations shall be respectively referred to as the "ten-mill 1,195
limitation" and the "charter tax limitation." 1,196
(PP) "Tax valuation" means the aggregate of the valuations 1,198
of property subject to ad valorem property taxation by the 1,199
subdivision on the real property, personal property, and public 1,200
utility property tax lists and duplicates most recently certified 1,201
for collection, and shall be calculated without deductions of the 1,202
valuations of otherwise taxable property exempt in whole or in 1,203
part from taxation by reason of exemptions of certain amounts of 1,204
taxable value under division (C) of section 5709.01 or section 1,205
323.152 of the Revised Code, or similar laws now or in the future 1,206
in effect. 1,207
29
(QQ) "Year" means the calendar year. 1,209
(RR) "Interest rate hedge" means any arrangement by which 1,211
either: 1,212
(1) The different interest costs or receipts at fixed 1,214
interest rates and at floating interest rates, or at different 1,215
maturities, are exchanged on stated amounts of bonds or 1,216
investments, or on notional amounts; 1,217
(2) A party will pay interest costs in excess of an agreed 1,219
limitation. 1,220
(SS) "Administrative agent," "agent," "commercial paper," 1,222
"floating rate interest structure," "indexing agent," "interest 1,223
rate period," "put arrangement," and "remarketing agent" have the 1,224
same meanings as in section 9.98 of the Revised Code. 1,225
(TT) "Sales tax supported" means obligations to the 1,228
payment of debt charges on which an additional sales tax or 1,229
additional sales taxes have been pledged by the taxing authority 1,230
of a county pursuant to section 133.081 of the Revised Code. 1,232
Sec. 181.22. There is hereby created the criminal 1,241
sentencing advisory committee. The committee shall be comprised 1,242
of the chairperson of the parole board, the director of the 1,244
office of the correctional institution inspection committee, a 1,245
juvenile detention home FACILITY operator, a provider of juvenile 1,246
probation services, a provider of juvenile parole or aftercare 1,247
services, a superintendent of a state institution operated by the 1,248
department of youth services, a community-based juvenile services 1,249
provider, a person who is a member of a youth advocacy 1,250
organization, a victim of a violation of Title XXIX of the 1,251
Revised Code that was committed by a juvenile offender, a 1,252
representative of community corrections programming appointed by 1,253
the governor, and any other members appointed by the chairperson 1,254
of the state criminal sentencing commission upon the advice of 1,256
the commission. The committee shall serve as an advisory body to 1,257
the state criminal sentencing commission and to the commission's 1,258
standing juvenile committee. 1,259
30
The members of the committee shall serve without 1,261
compensation, but each member shall be reimbursed for the 1,262
member's actual and necessary expenses incurred in the 1,263
performance of the member's official duties. 1,264
Sec. 307.02. The board of county commissioners of any 1,273
county, in addition to its other powers, may purchase, for cash 1,274
or by installment payments, enter into lease-purchase agreements, 1,275
lease with option to purchase, lease, appropriate, construct, 1,276
enlarge, improve, rebuild, equip, and furnish a courthouse, 1,277
county offices, jail, county home, juvenile court building, 1,278
detention home FACILITY, public market houses, retail store rooms 1,280
and offices, if located in a building acquired to house county 1,281
offices, for which store rooms or offices the board of county 1,282
commissioners may establish and collect rents or enter into 1,283
leases as provided in section 307.09 of the Revised Code, county 1,284
children's home, community mental health facility, community 1,285
mental retardation or developmental disability facility, 1,286
facilities for senior citizens, alcohol treatment and control 1,287
center, other necessary buildings, public stadiums, public 1,288
auditorium, exhibition hall, zoological park, public library 1,289
buildings, golf courses, and off-street parking facilities 1,290
determined by the board of county commissioners to be so situated 1,291
as to be useful for any of such purposes or any combination of 1,292
such purposes, for the use of which parking facilities the board 1,293
of county commissioners may establish and collect rates, charges, 1,294
or rents, and sites therefor, such real estate adjoining an 1,295
existing site as is necessary for any of such purposes, including 1,296
real estate necessary to afford light, air, protection from fire, 1,297
suitable surroundings, ingress, and egress; such copies of any 1,298
public records of such county, made or reproduced by miniature 1,299
photography or microfilm, as are necessary for the protection and 1,300
preservation of public records of such county. 1,301
The board of county commissioners of any county may lease 1,303
for a period not to exceed forty years, pursuant to a contract 1,304
31
providing for the construction thereof under a lease-purchase 1,305
plan, those buildings, structures, and other improvements 1,306
enumerated in the first paragraph of this section, and in 1,307
conjunction therewith, may grant leases, easements, or licenses 1,308
for lands under the control of the county for a period not to 1,309
exceed forty years. Such lease-purchase plan shall provide that 1,310
at the end of the lease period such buildings, structures, and 1,311
related improvements, together with the land on which they are 1,312
situated, shall become the property of the county without cost. 1,313
Whenever any building, structure or other improvement is to 1,315
be so leased by a county, the board of county commissioners shall 1,316
file in the office of the board, if the board has a full-time 1,317
clerk, or in the office of the county auditor such basic plans, 1,318
specifications, bills of materials, and estimates of cost with 1,319
sufficient detail to afford bidders all needed information, or 1,320
alternatively, shall file the following plans, details, bills of 1,321
materials, and specifications: 1,322
(A) Full and accurate plans, suitable for the use of 1,324
mechanics and other builders in such construction, improvement, 1,325
addition, alteration, or installation; 1,326
(B) Details to scale and full sized, so drawn and 1,328
represented as to be easily understood; 1,329
(C) Accurate bills showing the exact quantity of different 1,331
kinds of material necessary to the construction; 1,332
(D) Definite and complete specifications of the work to be 1,334
performed, together with such directions as will enable a 1,335
competent mechanic or other builder to carry them out and afford 1,336
bidders all needed information; 1,337
(E) A full and accurate estimate of each item of expense 1,339
and of the aggregate cost thereof. 1,340
The board of county commissioners shall invite bids in the 1,342
manner prescribed in sections 307.86 to 307.92 of the Revised 1,343
Code. Such bids shall contain the terms upon which the builder 1,344
would propose to lease the building, structure, or other 1,345
32
improvement to the county. The form of the bid approved by the 1,346
board of county commissioners shall be used and a bid shall be 1,347
invalid and not considered unless such form is used without 1,348
change, alteration, or addition. 1,349
Before submitting bids pursuant to this section, any 1,351
builder shall have complied with sections 153.50 to 153.52 of the 1,352
Revised Code. 1,353
On the day and at the place named for receiving bids for 1,355
entering into lease agreements with the county, the board of 1,356
county commissioners shall open the bids, and shall publicly 1,357
proceed immediately to tabulate the bids. No such lease 1,358
agreement shall be entered into until the bureau of workers' 1,359
compensation has certified that the corporation, partnership, or 1,360
person to be awarded the lease agreement has complied with 1,361
Chapter 4123. of the Revised Code, and until, if the builder 1,362
submitting the lowest and best bid is a foreign corporation, the 1,363
secretary of state has certified that such corporation is 1,364
authorized to do business in this state, and until, if the 1,365
builder submitting the lowest and best bid is a person or 1,366
partnership nonresident of this state, such person or partnership 1,367
has filed with the secretary of state a power of attorney 1,368
designating the secretary of state as its agent for the purpose 1,369
of accepting service of summons in any action brought under 1,370
Chapter 4123. of the Revised Code, and until the agreement is 1,371
submitted to the county prosecutor and his THE COUNTY 1,372
PROSECUTOR'S approval certified thereon. Within thirty days 1,373
after the day on which the bids are received, the board of county 1,374
commissioners shall investigate the bids received and shall 1,375
determine that the bureau and the secretary of state have made 1,376
the certifications required by this section of the builder who 1,377
has submitted the lowest and best bid. Within ten days of the 1,378
completion of the investigation of the bids the board of county 1,379
commissioners may award the lease agreement to the builder who 1,380
has submitted the lowest and best bid and who has been certified 1,381
33
by the bureau and secretary of state as required by this section. 1,382
If bidding for the lease agreement has been conducted upon the 1,383
basis of basic plans, specifications, bills of materials, and 1,384
estimates of costs, upon the award to the builder, the board of 1,385
county commissioners, or the builder with the approval of the 1,386
board of county commissioners, shall appoint an architect or 1,387
engineer licensed in Ohio to prepare such further detailed plans, 1,388
specifications, and bills of materials as are required to 1,389
construct the buildings, structures, and other improvements 1,390
enumerated in the first paragraph of this section. The board of 1,391
county commissioners may reject any bid. Where there is reason 1,392
to believe there is collusion or combination among the bidders, 1,393
the bids of those concerned therein shall be rejected. 1,394
Sec. 307.022. (A) The board of county commissioners of 1,403
any county may do both of the following without following the 1,404
competitive bidding requirements of section 307.86 of the Revised 1,405
Code: 1,406
(1) Enter into a lease, including a lease with an option 1,408
to purchase, of correctional facilities for a term not in excess 1,409
of forty years. Before entering into the lease, the board shall 1,410
publish, once a week for three consecutive weeks in a newspaper 1,411
of general circulation in the county, a notice that the board is 1,412
accepting proposals for a lease pursuant to this division. The 1,413
notice shall state the date before which the proposals are 1,414
required to be submitted in order to be considered by the board. 1,415
(2) Subject to compliance with this section, grant leases, 1,417
easements, and licenses with respect to, or sell, real property 1,418
owned by the county if the real property is to be leased back by 1,419
the county for use as correctional facilities. 1,420
The lease under division (A)(1) of this section shall 1,422
require the county to contract, in accordance with Chapter 153., 1,423
sections 307.86 to 307.92, and Chapter 4115. of the Revised Code, 1,424
for the construction, improvement, furnishing, and equipping of 1,425
correctional facilities to be leased pursuant to this section. 1,426
34
Prior to the board's execution of the lease, it may require the 1,427
lessor under the lease to cause sufficient money to be made 1,428
available to the county to enable the county to comply with the 1,429
certification requirements of division (D) of section 5705.41 of 1,430
the Revised Code. 1,431
A lease entered into pursuant to division (A)(1) of this 1,433
section by a board may provide for the county to maintain and 1,434
repair the correctional facility during the term of the 1,435
leasehold, may provide for the county to make rental payments 1,436
prior to or after occupation of the correctional facilities by 1,437
the county, and may provide for the board to obtain and maintain 1,438
any insurance that the lessor may require, including, but not 1,439
limited to, public liability, casualty, builder's risk, and 1,440
business interruption insurance. The obligations incurred under 1,441
a lease entered into pursuant to division (A)(1) of this section 1,442
shall not be considered to be within the debt limitations of 1,443
section 133.07 of the Revised Code. 1,444
(B) The correctional facilities leased under division 1,446
(A)(1) of this section may include any or all of the following: 1,447
(1) Facilities in which one or more other governmental 1,449
entities are participating or in which other facilities of the 1,450
county are included; 1,451
(2) Facilities acquired, constructed, renovated, or 1,453
financed by the Ohio building authority and leased to the county 1,454
pursuant to section 307.021 of the Revised Code; 1,455
(3) Correctional facilities that are under construction or 1,457
have been completed and for which no permanent financing has been 1,458
arranged. 1,459
(C) As used in this section: 1,461
(1) "Correctional facilities" includes, but is not limited 1,463
to, jails, detention homes FACILITIES, workhouses, 1,464
community-based correctional facilities, and family court 1,466
centers.
(2) "Construction" has the same meaning as in division (B) 1,468
35
of section 4115.03 of the Revised Code. 1,469
Sec. 329.05. The county department of job and family 1,478
services may administer or assist in administering any state or 1,480
local family services activity in addition to those mentioned in 1,483
section 329.04 of the Revised Code, supported wholly or in part 1,484
by public funds from any source provided by agreement between the 1,485
board of county commissioners and the officer, department, board, 1,486
or agency in which the administration of such activity is vested. 1,487
Such officer, department, board, or agency may enter into such 1,488
agreement and confer upon the county department of job and family 1,490
services, to the extent and in particulars specified in the 1,491
agreement, the performance of any duties and the exercise of any 1,492
powers imposed upon or vested in such officer, board, department, 1,493
or agency, with respect to the administration of such activity. 1,494
Such agreement shall be in the form of a resolution of the board 1,495
of county commissioners, accepted in writing by the other party 1,496
to the agreement, and filed in the office of the county auditor, 1,497
and when so filed, shall have the effect of transferring the 1,498
exercise of the powers and duties to which the agreement relates 1,499
and shall exempt the other party from all further responsibility 1,500
for the exercise of the powers and duties so transferred, during 1,501
the life of the agreement. 1,502
Such agreement shall be coordinated and not conflict with a 1,504
partnership agreement entered into under section 307.98, a 1,505
contract entered into under section 307.981 or 307.982, a plan of 1,506
cooperation entered into under section 307.983, a regional plan 1,508
of cooperation entered into under section 307.984, a 1,509
transportation work plan developed under section 307.985, or 1,511
procedures for providing services to children whose families 1,513
relocate frequently established under section 307.986 of the 1,514
Revised Code. It may be revoked at the option of either party, 1,516
by a resolution or order of the revoking party filed in the 1,517
office of the auditor. Such revocation shall become effective at 1,518
the end of the fiscal year occurring at least six months 1,519
36
following the filing of the resolution or order. In the absence 1,520
of such an express revocation so filed, the agreement shall 1,521
continue indefinitely.
This section does not permit a county department of job and 1,523
family services to manage or control county or district 1,525
tuberculosis or other hospitals, humane societies, detention 1,526
homes FACILITIES, jails or probation departments of courts, or 1,528
veterans service commissions.
Sec. 2151.01. The sections in Chapter 2151. of the Revised 1,537
Code, with the exception of those sections providing for the 1,538
criminal prosecution of adults, shall be liberally interpreted 1,539
and construed so as to effectuate the following purposes: 1,540
(A) To provide for the care, protection, and mental and 1,542
physical development of children subject to Chapter 2151. of the 1,543
Revised Code; 1,544
(B) To protect the public interest in removing the 1,546
consequences of criminal behavior and the taint of criminality 1,547
from children committing delinquent acts and to substitute 1,548
therefor a program of supervision, care, and rehabilitation; 1,549
(C) To achieve the foregoing purposes, whenever possible, 1,551
in a family environment, separating the child from its THE 1,552
CHILD'S parents only when necessary for his THE CHILD'S welfare 1,554
or in the interests of public safety; 1,556
(D)(B) To provide judicial procedures through which 1,558
Chapter CHAPTERS 2151. AND 2152. of the Revised Code is ARE 1,560
executed and enforced, and in which the parties are assured of a 1,562
fair hearing, and their constitutional and other legal rights are 1,563
recognized and enforced. 1,564
Sec. 2151.011. (A) As used in the Revised Code: 1,573
(1) "Juvenile court" means the WHICHEVER OF THE FOLLOWING 1,575
IS APPLICABLE THAT HAS JURISDICTION UNDER THIS CHAPTER AND 1,576
CHAPTER 2152. OF THE REVISED CODE: 1,577
(a) THE division of the court of common pleas or a 1,580
SPECIFIED IN SECTION 2101.022 OR 2301.03 OF THE REVISED CODE AS 1,581
37
HAVING JURISDICTION UNDER THIS CHAPTER AND CHAPTER 2152. OF THE 1,582
REVISED CODE OR AS BEING THE JUVENILE DIVISION OR THE JUVENILE 1,584
DIVISION COMBINED WITH ONE OR MORE OTHER DIVISIONS; 1,585
(b) THE juvenile court OF CUYAHOGA COUNTY OR HAMILTON 1,588
COUNTY THAT IS separately and independently created having BY 1,590
SECTION 2151.08 OR CHAPTER 2153. OF THE REVISED CODE AND THAT HAS 1,591
jurisdiction under this chapter AND CHAPTER 2152. OF THE REVISED 1,592
CODE;
(c) IF DIVISION (A)(1)(a) OR (b) DOES NOT APPLY, THE 1,595
PROBATE DIVISION OF THE COURT OF COMMON PLEAS. 1,596
(2) "Juvenile judge" means a judge of a court having 1,598
jurisdiction under this chapter. 1,599
(3) "Private child placing agency" means any association, 1,601
as defined in section 5103.02 of the Revised Code, that is 1,602
certified pursuant to section 5103.03 of the Revised Code to 1,605
accept temporary, permanent, or legal custody of children and 1,606
place the children for either foster care or adoption.
(4) "Private noncustodial agency" means any person, 1,608
organization, association, or society certified by the department 1,609
of job and family services that does not accept temporary or 1,611
permanent legal custody of children, that is privately operated 1,612
in this state, and that does one or more of the following: 1,613
(a) Receives and cares for children for two or more 1,615
consecutive weeks; 1,616
(b) Participates in the placement of children in family 1,618
foster homes; 1,619
(c) Provides adoption services in conjunction with a 1,621
public children services agency or private child placing agency. 1,622
(B) As used in this chapter: 1,624
(1) "Adequate parental care" means the provision by a 1,626
child's parent or parents, guardian, or custodian of adequate 1,627
food, clothing, and shelter to ensure the child's health and 1,628
physical safety and the provision by a child's parent or parents 1,629
of specialized services warranted by the child's physical or 1,630
38
mental needs. 1,631
(2) "Adult" means an individual who is eighteen years of 1,633
age or older. 1,634
(3) "Agreement for temporary custody" means a voluntary 1,636
agreement authorized by section 5103.15 of the Revised Code that 1,638
transfers the temporary custody of a child to a public children 1,639
services agency or a private child placing agency. 1,640
(4) "Babysitting care" means care provided for a child 1,642
while the parents, guardian, or legal custodian of the child are 1,643
temporarily away. 1,644
(5) "Certified family foster home" means a family foster 1,646
home operated by persons holding a certificate in force, issued 1,647
under section 5103.03 of the Revised Code. 1,648
(6)(a) "Child" means a person who is under eighteen years 1,651
of age, except as otherwise provided in divisions (B)(6)(b) to 1,652
(f) of this section. 1,653
(b) Subject to division (B)(6)(c) of this section, THAT 1,656
THE JUVENILE COURT RETAINS JURISDICTION OVER any person who 1,657
violates a federal or state law or municipal ordinance IS 1,658
ADJUDICATED AN UNRULY CHILD prior to attaining eighteen years of 1,659
age UNTIL THE PERSON ATTAINS TWENTY-ONE YEARS OF AGE, AND, FOR 1,660
PURPOSES OF THAT JURISDICTION, A PERSON WHO IS SO ADJUDICATED AN 1,661
UNRULY CHILD shall be deemed a "child" irrespective of that 1,662
person's age at the time the complaint is filed or the hearing on 1,664
the complaint is held UNTIL THE PERSON ATTAINS TWENTY-ONE YEARS 1,665
OF AGE.
(c) Any person who, while under eighteen years of age, 1,668
commits an act that would be a felony if committed by an adult 1,669
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 1,670
child in relation to that act. 1,671
(d) Any person whose case is transferred for criminal 1,673
prosecution pursuant to division (B) or (C) of section 2151.26 of 1,674
the Revised Code shall after the transfer be deemed not to be a 1,675
39
child in the transferred case. 1,676
(e) Subject to division (B)(6)(f) of this section, any 1,679
person whose case is transferred for criminal prosecution 1,680
pursuant to division (B) or (C) of section 2151.26 of the Revised 1,681
Code and who subsequently is convicted of or pleads guilty to a 1,682
felony in that case shall after the transfer be deemed not to be 1,684
a child in any case in which the person is alleged to have 1,686
committed prior to or subsequent to the transfer an act that 1,688
would be an offense if committed by an adult. Division (B)(6)(e) 1,689
of this section applies to a case regardless of whether the prior 1,692
or subsequent act that is alleged in the case and that would be
an offense if committed by an adult allegedly was committed in 1,693
the same county in which the case was transferred or in another 1,695
county and regardless of whether the complaint in the case 1,696
involved was filed in the same county in which the case was 1,697
transferred or in another county. Division (B)(6)(e) of this 1,698
section applies to a case that involves an act committed prior to 1,699
the transfer only when the prior act alleged in the case has not 1,700
been disposed of by a juvenile court or trial court. 1,701
(f) Notwithstanding division (B)(6)(e) of this section, if 1,704
a person's case is transferred for criminal prosecution pursuant 1,705
to division (B) or (C) of section 2151.26 of the Revised Code and 1,706
if the person subsequently is convicted of or pleads guilty to a 1,707
felony in that case, thereafter, the person shall be considered a 1,708
child solely for the following purposes in relation to any act
the person subsequently commits that would be an offense if 1,709
committed by an adult: 1,710
(i) For purposes of the filing of a complaint alleging 1,712
that the child is a delinquent child for committing the act that 1,713
would be an offense if committed by an adult; 1,714
(ii) For purposes of the juvenile court conducting a 1,716
hearing under division (B) of section 2151.26 of the Revised Code 1,718
relative to the complaint described in division (B)(6)(f)(i) of 1,719
this section to determine whether division (B)(1) of section 1,720
40
2151.26 of the Revised Code applies and requires that the case be 1,722
transferred for criminal prosecution to the appropriate court 1,723
having jurisdiction of the offense.
(7) "Child day camp," "child day-care," "child day-care 1,725
center," "part-time child day-care center," "type A family 1,728
day-care home," "certified type B family day-care home," "type B 1,729
home," "administrator of a child day-care center," "administrator 1,731
of a type A family day-care home," "in-home aide," and 1,732
"authorized provider" have the same meanings as in section 1,733
5104.01 of the Revised Code.
(8) "Child day-care provider" means an individual who is a 1,736
child-care staff member or administrator of a child day-care
center, a type A family day-care home, or a type B family 1,737
day-care home, or an in-home aide or an individual who is 1,738
licensed, is regulated, is approved, operates under the direction 1,739
of, or otherwise is certified by the department of job and family 1,741
services, department of mental retardation and developmental 1,742
disabilities, or the early childhood programs of the department 1,743
of education. 1,744
(9) "Commit" means to vest custody as ordered by the 1,746
court. 1,747
(10) "Counseling" includes both of the following: 1,749
(a) General counseling services performed by a public 1,752
children services agency or shelter for victims of domestic 1,753
violence to assist a child, a child's parents, and a child's 1,754
siblings in alleviating identified problems that may cause or 1,756
have caused the child to be an abused, neglected, or dependent 1,757
child.
(b) Psychiatric or psychological therapeutic counseling 1,760
services provided to correct or alleviate any mental or emotional 1,762
illness or disorder and performed by a licensed psychiatrist,
licensed psychologist, or a person licensed under Chapter 4757. 1,764
of the Revised Code to engage in social work or professional 1,765
counseling.
41
(11) "Custodian" means a person who has legal custody of a 1,767
child or a public children services agency or private child 1,768
placing agency that has permanent, temporary, or legal custody of 1,769
a child. 1,770
(12) "DELINQUENT CHILD" HAS THE SAME MEANING AS IN SECTION 1,772
2152.02 OF THE REVISED CODE. 1,773
(13) "Detention" means the temporary care of children 1,775
pending court adjudication or disposition, or execution of a 1,776
court order, in a public or private facility designed to 1,777
physically restrict the movement and activities of children. 1,778
(13)(14) "Developmental disability" has the same meaning 1,780
as in section 5123.01 of the Revised Code. 1,782
(14)(15) "Family foster home" means a private residence in 1,784
which children are received apart from their parents, guardian, 1,785
or legal custodian by an individual for hire, gain, or reward for 1,786
nonsecure care, supervision, or training twenty-four hours a day. 1,787
"Family foster home" does not include babysitting care provided 1,788
for a child in the home of a person other than the home of the 1,789
parents, guardian, or legal custodian of the child. 1,790
(15)(16) "Foster home" means a family home in which any 1,792
child is received apart from the child's parents for care, 1,793
supervision, or training. 1,795
(16)(17) "Guardian" means a person, association, or 1,797
corporation that is granted authority by a probate court pursuant 1,798
to Chapter 2111. of the Revised Code to exercise parental rights 1,799
over a child to the extent provided in the court's order and 1,800
subject to the residual parental rights of the child's parents. 1,801
(17)(18) "JUVENILE TRAFFIC OFFENDER" HAS THE SAME MEANING 1,803
AS IN SECTION 2152.02 OF THE REVISED CODE. 1,804
(19) "Legal custody" means a legal status that vests in 1,806
the custodian the right to have physical care and control of the 1,807
child and to determine where and with whom the child shall live, 1,808
and the right and duty to protect, train, and discipline the 1,810
child and to provide the child with food, shelter, education, and 1,811
42
medical care, all subject to any residual parental rights, 1,813
privileges, and responsibilities. An individual granted legal 1,814
custody shall exercise the rights and responsibilities personally 1,815
unless otherwise authorized by any section of the Revised Code or 1,816
by the court. 1,817
(18)(20) "Mental illness" and "mentally ill person subject 1,819
to hospitalization by court order" have the same meanings as in 1,821
section 5122.01 of the Revised Code. 1,822
(19)(21) "Mental injury" means any behavioral, cognitive, 1,824
emotional, or mental disorder in a child caused by an act or 1,825
omission that is described in section 2919.22 of the Revised Code 1,826
and is committed by the parent or other person responsible for 1,828
the child's care.
(20)(22) "Mentally retarded person" has the same meaning 1,830
as in section 5123.01 of the Revised Code. 1,832
(21)(23) "Nonsecure care, supervision, or training" means 1,834
care, supervision, or training of a child in a facility that does 1,835
not confine or prevent movement of the child within the facility 1,836
or from the facility. 1,837
(22)(24) "Organization" means any institution, public, 1,839
semipublic, or private, and any private association, society, or 1,840
agency located or operating in the state, incorporated or 1,841
unincorporated, having among its functions the furnishing of 1,842
protective services or care for children, or the placement of 1,843
children in foster homes or elsewhere. 1,844
(23)(25) "Out-of-home care" means detention facilities, 1,846
shelter facilities, foster homes, certified foster homes, 1,847
placement in a prospective adoptive home prior to the issuance of 1,848
a final decree of adoption, organizations, certified 1,849
organizations, child day-care centers, type A family day-care 1,850
homes, child day-care provided by type B family day-care home 1,851
providers and by in-home aides, group home providers, group 1,852
homes, institutions, state institutions, residential facilities, 1,853
residential care facilities, residential camps, day camps, 1,854
43
hospitals, and medical clinics that are responsible for the care, 1,855
physical custody, or control of children. 1,856
(24)(26) "Out-of-home care child abuse" means any of the 1,858
following when committed by a person responsible for the care of 1,859
a child in out-of-home care: 1,860
(a) Engaging in sexual activity with a child in the 1,862
person's care; 1,863
(b) Denial to a child, as a means of punishment, of proper 1,865
or necessary subsistence, education, medical care, or other care 1,866
necessary for a child's health; 1,867
(c) Use of restraint procedures on a child that cause 1,869
injury or pain; 1,870
(d) Administration of prescription drugs or psychotropic 1,872
medication to the child without the written approval and ongoing 1,873
supervision of a licensed physician; 1,874
(e) Commission of any act, other than by accidental means, 1,876
that results in any injury to or death of the child in 1,877
out-of-home care or commission of any act by accidental means 1,878
that results in an injury to or death of a child in out-of-home 1,879
care and that is at variance with the history given of the injury 1,880
or death.
(25)(27) "Out-of-home care child neglect" means any of the 1,882
following when committed by a person responsible for the care of 1,883
a child in out-of-home care: 1,884
(a) Failure to provide reasonable supervision according to 1,886
the standards of care appropriate to the age, mental and physical 1,887
condition, or other special needs of the child; 1,888
(b) Failure to provide reasonable supervision according to 1,890
the standards of care appropriate to the age, mental and physical 1,891
condition, or other special needs of the child, that results in 1,892
sexual or physical abuse of the child by any person; 1,893
(c) Failure to develop a process for all of the following: 1,895
(i) Administration of prescription drugs or psychotropic 1,897
drugs for the child; 1,898
44
(ii) Assuring that the instructions of the licensed 1,900
physician who prescribed a drug for the child are followed; 1,901
(iii) Reporting to the licensed physician who prescribed 1,903
the drug all unfavorable or dangerous side effects from the use 1,904
of the drug. 1,905
(d) Failure to provide proper or necessary subsistence, 1,907
education, medical care, or other individualized care necessary 1,908
for the health or well-being of the child; 1,909
(e) Confinement of the child to a locked room without 1,911
monitoring by staff; 1,912
(f) Failure to provide ongoing security for all 1,914
prescription and nonprescription medication; 1,915
(g) Isolation of a child for a period of time when there 1,917
is substantial risk that the isolation, if continued, will impair 1,918
or retard the mental health or physical well-being of the child. 1,919
(26)(28) "Permanent custody" means a legal status that 1,921
vests in a public children services agency or a private child 1,922
placing agency, all parental rights, duties, and obligations, 1,923
including the right to consent to adoption, and divests the 1,924
natural parents or adoptive parents of all parental rights, 1,925
privileges, and obligations, including all residual rights and 1,926
obligations.
(27)(29) "Planned permanent living arrangement" means an 1,929
order of a juvenile court pursuant to which both of the following 1,930
apply:
(a) The court gives legal custody of a child to a public 1,932
children services agency or a private child placing agency 1,933
without the termination of parental rights. 1,934
(b) The order permits the agency to make an appropriate 1,936
placement of the child and to enter into a written agreement with 1,939
a foster care provider or with another person or agency with whom 1,940
the child is placed.
(28)(30) "Permanent surrender" means the act of the 1,942
parents or, if a child has only one parent, of the parent of a 1,943
45
child, by a voluntary agreement authorized by section 5103.15 of 1,945
the Revised Code, to transfer the permanent custody of the child
to a public children services agency or a private child placing 1,946
agency. 1,947
(29)(31) "Person responsible for a child's care in 1,949
out-of-home care" means any of the following: 1,951
(a) Any foster parent, in-home aide, or provider; 1,953
(b) Any administrator, employee, or agent of any of the 1,955
following: a public or private detention facility; shelter 1,956
facility; organization; certified organization; child day-care 1,957
center; type A family day-care home; certified type B family 1,958
day-care home; group home; institution; state institution; 1,959
residential facility; residential care facility; residential 1,960
camp; day camp; hospital; or medical clinic; 1,961
(c) Any other person who performs a similar function with 1,963
respect to, or has a similar relationship to, children. 1,964
(30)(32) "Physically impaired" means having one or more of 1,966
the following conditions that substantially limit one or more of 1,967
an individual's major life activities, including self-care, 1,968
receptive and expressive language, learning, mobility, and 1,969
self-direction:
(a) A substantial impairment of vision, speech, or 1,971
hearing;
(b) A congenital orthopedic impairment; 1,973
(c) An orthopedic impairment caused by disease, rheumatic 1,976
fever or any other similar chronic or acute health problem, or 1,977
amputation or another similar cause.
(31)(33) "Placement for adoption" means the arrangement by 1,979
a public children services agency or a private child placing 1,980
agency with a person for the care and adoption by that person of 1,981
a child of whom the agency has permanent custody. 1,982
(32)(34) "Placement in foster care" means the arrangement 1,985
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 1,986
46
temporary custody or permanent custody. 1,987
(33)(35) "Practice of social work" and "practice of 1,989
professional counseling" have the same meanings as in section 1,991
4757.01 of the Revised Code. 1,992
(34)(36) "Probation" means a legal status created by court 1,994
order following an adjudication that a child is a delinquent 1,995
child, a juvenile traffic offender, or an unruly child, whereby 1,996
the child is permitted to remain in the parent's, guardian's, or 1,997
custodian's home subject to supervision, or under the supervision 1,998
of any agency designated by the court and returned to the court 1,999
for violation of probation at any time during the period of 2,000
probation. 2,001
(35)(37) "Protective supervision" means an order of 2,003
disposition pursuant to which the court permits an abused, 2,004
neglected, dependent, OR unruly, or delinquent child or a 2,005
juvenile traffic offender to remain in the custody of the child's 2,006
parents, guardian, or custodian and stay in the child's home, 2,007
subject to any conditions and limitations upon the child, the 2,008
child's parents, guardian, or custodian, or any other person that 2,011
the court prescribes, including supervision as directed by the 2,012
court for the protection of the child. 2,013
(36)(38) "Psychiatrist" has the same meaning as in section 2,015
5122.01 of the Revised Code. 2,016
(37)(39) "Psychologist" has the same meaning as in section 2,018
4732.01 of the Revised Code. 2,019
(38)(40) "Residential camp" means a program in which the 2,021
care, physical custody, or control of children is accepted 2,024
overnight for recreational or recreational and educational 2,025
purposes.
(39)(41) "Residential care facility" means an institution, 2,027
residence, or facility that is licensed by the department of 2,028
mental health under section 5119.22 of the Revised Code and that 2,029
provides care for a child. 2,030
(40)(42) "Residential facility" means a home or facility 2,032
47
that is licensed by the department of mental retardation and 2,033
developmental disabilities under section 5123.19 of the Revised 2,034
Code and in which a child with a developmental disability 2,035
resides. 2,036
(41)(43) "Residual parental rights, privileges, and 2,038
responsibilities" means those rights, privileges, and 2,039
responsibilities remaining with the natural parent after the 2,040
transfer of legal custody of the child, including, but not 2,041
necessarily limited to, the privilege of reasonable visitation, 2,042
consent to adoption, the privilege to determine the child's 2,043
religious affiliation, and the responsibility for support. 2,044
(42)(44) "Secure correctional facility" means a facility 2,046
under the direction of the department of youth services that is 2,047
designed to physically restrict the movement and activities of 2,048
children and used for the placement of children after 2,049
adjudication and disposition.
(43)(45) "Sexual activity" has the same meaning as in 2,051
section 2907.01 of the Revised Code. 2,052
(44)(46) "Shelter" means the temporary care of children in 2,054
physically unrestricted facilities pending court adjudication or 2,055
disposition. 2,056
(45)(47) "Shelter for victims of domestic violence" has 2,058
the same meaning as in section 3113.33 of the Revised Code. 2,059
(46)(48) "Temporary custody" means legal custody of a 2,061
child who is removed from the child's home, which custody may be 2,062
terminated at any time at the discretion of the court or, if the 2,064
legal custody is granted in an agreement for temporary custody, 2,065
by the person who executed the agreement. 2,066
(C) For the purposes of this chapter, a child shall be 2,068
presumed abandoned when the parents of the child have failed to 2,069
visit or maintain contact with the child for more than ninety 2,070
days, regardless of whether the parents resume contact with the 2,071
child after that period of ninety days. 2,072
Sec. 2151.022. As used in this chapter, "unruly child" 2,081
48
includes any of the following: 2,082
(A) Any child who does not subject himself or herself 2,084
SUBMIT to the reasonable control of his or her THE CHILD'S 2,086
parents, teachers, guardian, or custodian, by reason of being 2,088
wayward or habitually disobedient;
(B) Any child who is an habitual truant from home or 2,090
school; 2,091
(C) Any child who so deports himself or herself BEHAVES IN 2,093
A MANNER as to injure or endanger his or her THE CHILD'S OWN 2,096
health or morals or the health or morals of others; 2,097
(D) Any child who attempts to enter the marriage relation 2,099
in any state without the consent of his or her parents, 2,100
custodian, or legal guardian or other legal authority; 2,102
(E) Any child who is found in a disreputable place, visits 2,104
or patronizes a place prohibited by law, or associates with 2,105
vagrant, vicious, criminal, notorious, or immoral persons; 2,106
(F) Any child who engages in an occupation prohibited by 2,108
law or is in a situation dangerous to life or limb or injurious 2,109
to his or her health or morals or the health or morals of others; 2,111
(G) Any child who violates a law, other than division (A) 2,113
of section 2923.211 of the Revised Code, that is applicable only 2,115
to a child.
Sec. 2151.07. The juvenile court is a court of record and 2,124
within the division of domestic relations or probate of the court 2,126
of common pleas, except that the juvenile courts of Cuyahoga 2,128
county and Hamilton county shall be separate divisions of WITHIN 2,129
the court of common pleas. The juvenile court has and shall 2,131
exercise the powers and jurisdiction conferred in sections 2,132
2151.01 to 2151.99 CHAPTERS 2151. AND 2152. of the Revised Code. 2,134
Whenever the juvenile judge of the juvenile court IS SICK, 2,136
is absent from the county, or is unable to attend court, or the 2,138
volume of cases pending in court necessitates it, upon the 2,139
request of said THE ADMINISTRATIVE JUVENILE judge, the presiding 2,141
judge of the court of common pleas PURSUANT TO DIVISION (AA) OF 2,142
49
SECTION 2301.13 OF THE REVISED CODE shall assign a judge OF ANY 2,143
DIVISION of the court of common pleas of the county to act in his 2,145
THE JUVENILE JUDGE'S place or in conjunction with him THE 2,146
JUVENILE JUDGE. If no such judge OF THE COURT OF COMMON PLEAS is 2,147
available for said THAT purpose, the chief justice of the supreme 2,149
court shall assign a judge of the court of common pleas, a 2,150
juvenile judge, or a probate judge from some other A DIFFERENT 2,151
county to act in the place of such THAT JUVENILE judge or in 2,153
conjunction with him THAT JUVENILE JUDGE, who shall receive such 2,157
THE compensation and expenses for his services as SO SERVING THAT 2,159
is provided by law for judges assigned to hold court in courts of 2,160
common pleas. 2,161
Sec. 2151.08. In Hamilton county, the powers and 2,170
jurisdiction of the juvenile court as conferred by Chapter 2,172
CHAPTERS 2151. AND 2152. of the Revised Code shall be exercised 2,173
by that THE judge of the court of common pleas whose term begins 2,174
on January 1, 1957, and his THAT JUDGE'S successors and that BY 2,176
THE judge of the court of common pleas whose term begins on 2,180
February 14, 1967, and his THAT JUDGE'S successors as provided by 2,181
section 2301.03 of the Revised Code. This conferral of powers 2,182
and jurisdiction on such THE SPECIFIED judges shall be deemed a 2,184
creation of a separately and independently created and
established juvenile court in Hamilton county, Ohio. Such THE 2,185
SPECIFIED judges shall serve in each and every position where the 2,187
statutes permit or require a juvenile judge to serve. 2,188
Sec. 2151.10. The juvenile judge shall annually submit a 2,197
written request for an appropriation to the board of county 2,198
commissioners that shall set forth estimated administrative 2,199
expenses of the juvenile court that the judge considers 2,200
reasonably necessary for the operation of the court, including 2,201
reasonably necessary expenses of the judge and such officers and 2,202
employees as the judge may designate in attending conferences at 2,204
which juvenile or welfare problems are discussed, and such sum 2,205
each year as will provide for the maintenance and operation of 2,206
50
the detention home FACILITY, the care, maintenance, education, 2,207
and support of neglected, abused, dependent, and delinquent 2,209
children, other than children eligible to participate in the Ohio 2,211
works first program established under Chapter 5107. of the 2,212
Revised Code, and for necessary orthopedic, surgical, and medical 2,213
treatment, and special care as may be ordered by the court for 2,214
any neglected, abused, dependent, or delinquent children. The 2,215
board shall conduct a public hearing with respect to the written 2,216
request submitted by the judge and shall appropriate such sum of 2,217
money each year as it determines, after conducting the public 2,218
hearing and considering the written request of the judge, is 2,219
reasonably necessary to meet all the administrative expenses of 2,220
the court. All disbursements from such appropriations shall be 2,221
upon specifically itemized vouchers, certified to by the judge. 2,222
If the judge considers the appropriation made by the board 2,224
pursuant to this section insufficient to meet all the 2,225
administrative expenses of the court, the judge shall commence an 2,227
action under Chapter 2731. of the Revised Code in the court of 2,228
appeals for the judicial district for a determination of the duty 2,229
of the board of county commissioners to appropriate the amount of 2,230
money in dispute. The court of appeals shall give priority to 2,231
the action filed by the juvenile judge over all cases pending on 2,232
its docket. The burden shall be on the juvenile judge to prove 2,233
that the appropriation requested is reasonably necessary to meet 2,234
all administrative expenses of the court. If, prior to the 2,235
filing of an action under Chapter 2731. of the Revised Code or 2,236
during the pendency of the action, the judge exercises the 2,237
judge's contempt power in order to obtain the sum of money in 2,239
dispute, the judge shall not order the imprisonment of any member 2,241
of the board of county commissioners notwithstanding sections 2,242
2705.02 to 2705.06 of the Revised Code. 2,243
Sec. 2151.12. (A) Except as otherwise provided in this 2,253
division, whenever a court of common pleas, division of domestic 2,254
relations, exercises the powers and jurisdictions conferred in 2,255
51
Chapter CHAPTERS 2151. AND 2152. of the Revised Code, the judge 2,257
or judges of that division or, if applicable, the judge of that
division who specifically is designated by section 2301.03 of the 2,258
Revised Code as being responsible for administering sections 2,260
2151.13, 2151.16, 2151.17, and 2151.18, AND 2152.71 of the 2,262
Revised Code shall be the clerk of the court for all records 2,264
filed with the court pursuant to Chapter 2151. OR 2152. of the 2,265
Revised Code or pursuant to any other section of the Revised Code 2,266
that requires documents to be filed with a juvenile judge or a 2,267
juvenile court. If, in a division of domestic relations of a 2,268
court of common pleas that exercises the powers and jurisdiction 2,269
conferred in Chapter CHAPTERS 2151. AND 2152. of the Revised 2,271
Code, the judge of the division, both judges in a two-judge 2,272
division, or a majority of the judges in a division with three or 2,273
more judges and the clerk of the court of common pleas agree in 2,274
an agreement that is signed by the agreeing judge or judges and 2,275
the clerk and entered into formally in the journal of the court, 2,276
the clerk of courts of common pleas shall keep the records filed
with the court pursuant to Chapter 2151. OR 2152. of the Revised 2,277
Code or pursuant to any other section of the Revised Code that 2,280
requires documents to be filed with a juvenile judge or a
juvenile court. 2,281
Whenever the juvenile judge, or a majority of the juvenile 2,284
judges of a multi-judge juvenile division, of a court of common 2,285
pleas, juvenile division, and the clerk of the court of common 2,286
pleas agree in an agreement that is signed by the judge and the 2,287
clerk and entered formally in the journal of the court, the 2,288
clerks of courts of common pleas shall keep the records of such 2,289
THOSE courts. In all other cases, the juvenile judge shall be 2,291
the clerk of the judge's own court.
(B) In counties in which the juvenile judge is clerk of 2,293
the judge's own court, before entering upon the duties of office 2,294
as such THE clerk, the judge shall execute and file with the 2,295
county treasurer a bond in a sum to be determined by the board of 2,296
52
county commissioners, with sufficient surety to be approved by 2,297
the board, conditioned for the faithful performance of duties as 2,298
clerk. The bond shall be given for the benefit of the county, 2,299
the state, or any person who may suffer loss by reason of a 2,300
default in any of the conditions of the bond. 2,301
Sec. 2151.14. (A) The chief probation officer, under the 2,310
direction of the juvenile judge, shall have charge of the work of 2,311
the probation department. The department shall make any 2,312
investigations that the judge directs, keep a written record of 2,313
the investigations, and submit the record to the judge or deal 2,314
with them as the judge directs. The department shall furnish to 2,315
any person placed on probation COMMUNITY CONTROL a statement of 2,316
the conditions of probation COMMUNITY CONTROL and shall instruct 2,318
the person regarding them. The department shall keep informed 2,321
concerning the conduct and condition of each person under its 2,322
supervision and shall report on their conduct and condition to 2,323
the judge as the judge directs. Each probation officer shall use 2,324
all suitable methods to aid persons on probation COMMUNITY
CONTROL and to bring about improvement in their conduct and 2,326
condition. The department shall keep full records of its work, 2,327
keep accurate and complete accounts of money collected from 2,328
persons under its supervision, give receipts for the money, and 2,329
make reports on the money as the judge directs. 2,330
(B) Except as provided in division (C) or (D) of this 2,332
section, the reports and records of the department shall be 2,333
considered confidential information and shall not be made public. 2,334
A probation officer may serve the process of the court within or 2,335
without the county, make arrests without warrant upon reasonable 2,337
information or upon view of the violation of this chapter OR 2,338
CHAPTER 2152. OF THE REVISED CODE, detain the person arrested
pending the issuance of a warrant, and perform any other duties, 2,340
incident to the office, that the judge directs. All sheriffs, 2,341
deputy sheriffs, constables, marshals, deputy marshals, chiefs of 2,342
police, municipal corporation and township police officers, and 2,343
53
other peace officers shall render assistance to probation 2,344
officers in the performance of their duties when requested to do 2,345
so by any probation officer. 2,346
(C) When a complaint has been filed alleging that a child 2,348
is delinquent by reason of having committed an act that would 2,349
constitute a violation of section 2907.02, 2907.03, 2907.04, 2,350
2907.05, or 2907.06 of the Revised Code if committed by an adult 2,352
and the arresting authority, a court, or a probation officer 2,353
discovers that the child or a person whom the child caused to 2,354
engage in sexual activity, as defined in section 2907.01 of the 2,355
Revised Code, has a communicable disease, the arresting 2,356
authority, court, or probation officer immediately shall notify 2,357
the victim of the delinquent act of the nature of the disease. 2,358
(D)(1) In accordance with division (D)(2) of this section, 2,360
subject to the limitation specified in division (D)(4) of this 2,361
section, and in connection with a disposition pursuant to section 2,362
2151.354 of the Revised Code when a child has been found to be an 2,363
unruly child, a disposition pursuant to section 2151.355 SECTIONS 2,364
2152.19 AND 2152.20 of the Revised Code when a child has been 2,366
found to be a delinquent child, or a disposition pursuant to 2,367
section 2151.356 SECTIONS 2152.20 AND 2152.21 of the Revised Code 2,369
when a child has been found to be a juvenile traffic offender, 2,370
the court may issue an order requiring boards of education, 2,371
governing bodies of chartered nonpublic schools, public children 2,372
services agencies, private child placing agencies, probation 2,373
departments, law enforcement agencies, and prosecuting attorneys 2,374
that have records related to the child in question to provide 2,375
copies of one or more specified records, or specified information 2,376
in one or more specified records, that the individual or entity 2,377
has with respect to the child to any of the following individuals 2,378
or entities that request the records in accordance with division 2,379
(D)(3)(a) of this section:
(a) The child; 2,381
(b) The attorney or guardian ad litem of the child; 2,383
54
(c) A parent, guardian, or custodian of the child; 2,385
(d) A prosecuting attorney; 2,387
(e) A board of education of a public school district; 2,389
(f) A probation department of a juvenile court; 2,391
(g) A public children services agency or private child 2,393
placing agency that has custody of the child, is providing 2,394
services to the child or the child's family, or is preparing a 2,395
social history or performing any other function for the juvenile 2,396
court;
(h) The department of youth services when the department 2,398
has custody of the child or is performing any services for the 2,399
child that are required by the juvenile court or by statute; 2,400
(i) The individual in control of a juvenile detention or 2,402
rehabilitation facility to which the child has been committed; 2,403
(j) An employee of the juvenile court that found the child 2,405
to be an unruly child, a delinquent child, or a juvenile traffic 2,406
offender; 2,407
(k) Any other entity that has custody of the child or is 2,409
providing treatment, rehabilitation, or other services for the 2,410
child pursuant to a court order, statutory requirement, or other 2,411
arrangement. 2,412
(2) Any individual or entity listed in divisions (D)(1)(a) 2,414
to (k) of this section may file a motion with the court that 2,415
requests the court to issue an order as described in division 2,416
(D)(1) of this section. If such a motion is filed, the court 2,417
shall conduct a hearing on it. If at the hearing the movant 2,418
demonstrates a need for one or more specified records, or for 2,419
information in one or more specified records, related to the 2,420
child in question and additionally demonstrates the relevance of 2,421
the information sought to be obtained from those records, and if 2,422
the court determines that the limitation specified in division 2,423
(D)(4) of this section does not preclude the provision of a 2,424
specified record or specified information to the movant, then the 2,425
court may issue an order to a designated individual or entity to 2,426
55
provide the movant with copies of one or more specified records 2,427
or with specified information contained in one or more specified 2,428
records. 2,429
(3)(a) Any individual or entity that is authorized by an 2,431
order issued pursuant to division (D)(1) of this section to 2,432
obtain copies of one or more specified records, or specified 2,433
information, related to a particular child may file a written 2,434
request for copies of the records or for the information with any 2,435
individual or entity required by the order to provide copies of 2,436
the records or the information. The request shall be in writing, 2,437
describe the type of records or the information requested, 2,438
explain the need for the records or the information, and be 2,439
accompanied by a copy of the order. 2,440
(b) If an individual or entity that is required by an 2,442
order issued pursuant to division (D)(1) of this section to 2,443
provide one or more specified records, or specified information, 2,444
related to a child receives a written request for the records or 2,445
information in accordance with division (D)(3)(a) of this 2,446
section, the individual or entity immediately shall comply with 2,447
the request to the extent it is able to do so, unless the 2,448
individual or entity determines that it is unable to comply with 2,449
the request because it is prohibited by law from doing so, or 2,450
unless the requesting individual or entity does not have 2,451
authority to obtain the requested records or information. If the 2,452
individual or entity determines that it is unable to comply with 2,453
the request, it shall file a motion with the court that issued 2,454
the order requesting the court to determine the extent to which 2,455
it is required to comply with the request for records or 2,456
information. Upon the filing of the motion, the court 2,457
immediately shall hold a hearing on the motion, determine the 2,458
extent to which the movant is required to comply with the request 2,459
for records or information, and issue findings of fact and 2,460
conclusions of law in support of its determination. The 2,461
determination of the court shall be final. If the court 2,462
56
determines that the movant is required to comply with the request 2,463
for records or information, it shall identify the specific 2,464
records or information that must be supplied to the individual or 2,465
entity that requested the records or information. 2,466
(c) If an individual or entity is required to provide 2,468
copies of one or more specified records pursuant to division (D) 2,469
of this section, the individual or entity may charge a fee for 2,470
the copies that does not exceed the cost of supplying them. 2,471
(4) Division (D) of this section does not require, 2,473
authorize, or permit the dissemination of any records or any 2,474
information contained in any records if the dissemination of the 2,475
records or information generally is prohibited by any provision 2,476
of the Revised Code and a specific provision of the Revised Code 2,477
does not specifically authorize or permit the dissemination of 2,478
the records or information pursuant to division (D) of this 2,479
section.
Sec. 2151.141. (A) If a complaint filed with respect to a 2,488
child pursuant to section 2151.27 of the Revised Code alleges 2,489
that a child is an abused, neglected, or dependent child, any 2,490
individual or entity that is listed in divisions (D)(1)(a) to (k) 2,491
of section 2151.14 of the Revised Code and that is investigating 2,492
whether the child is an abused, neglected, or dependent child, 2,493
has custody of the child, is preparing a social history for the 2,494
child, or is providing any services for the child may request any 2,495
board of education, governing body of a chartered nonpublic 2,496
school, public children services agency, private child placing 2,497
agency, probation department, law enforcement agency, or 2,498
prosecuting attorney that has any records related to the child to 2,499
provide the individual or entity with a copy of the records. The 2,500
request shall be in writing, describe the type of records 2,501
requested, explain the need for the records, be accompanied by a 2,502
copy of the complaint, and describe the relationship of the 2,503
requesting individual or entity to the child. The individual or 2,504
entity shall provide a copy of the request to the child in 2,505
57
question, the attorney or guardian ad litem of the child, and the 2,506
parent, guardian, or custodian of the child. 2,507
(B)(1) Any board of education, governing body of a 2,509
chartered nonpublic school, public children services agency, 2,510
private child placing agency, probation department, law 2,511
enforcement agency, or prosecuting attorney that has any records 2,512
related to a child who is the subject of a complaint as described 2,513
in division (A) of this section and that receives a request for a 2,514
copy of the records pursuant to division (A) of this section 2,515
shall comply with the request, unless the individual or entity 2,516
determines that it is unable to do so because it is prohibited by 2,517
law from complying with the request, the request does not comply 2,518
with division (A) of this section, or a complaint as described in 2,519
division (A) of this section has not been filed with respect to 2,520
the child who is the subject of the requested records. If the 2,521
individual or entity determines that it is unable to comply with 2,522
the request, it shall file a motion with the court in which the 2,523
complaint as described in division (A) of this section was filed 2,524
or was alleged to have been filed requesting the court to 2,525
determine the extent to which it is required to comply with the 2,526
request for records. Upon the filing of the motion, the court 2,527
immediately shall hold a hearing on the motion, determine the 2,528
extent to which the movant is required to comply with the request 2,529
for records, and issue findings of fact and conclusions of law in 2,530
support of its determination. The determination of the court 2,531
shall be final. If the court determines that the movant is 2,532
required to comply with the request for records, it shall 2,533
identify the specific records that must be supplied to the 2,534
individual or entity that requested them. 2,535
(2) In addition to or in lieu of the motion described in 2,537
division (B)(1) of this section, a law enforcement agency or 2,538
prosecuting attorney that receives a request for a copy of 2,539
records pursuant to division (A) of this section may file a 2,540
motion for a protective order as described in this division with 2,541
58
the court in which the complaint as described in division (A) of 2,542
this section was filed or alleged to have been filed. Upon the 2,543
filing of such a motion, the court shall conduct a hearing on the 2,544
motion. If at the hearing the law enforcement agency or 2,545
prosecuting attorney demonstrates that any of the following 2,546
applies and if, after considering the purposes for which the 2,547
records were requested pursuant to division (A) of this section, 2,548
the best interest of the child, and any demonstrated need to 2,549
prevent specific information in the records from being disclosed, 2,550
the court determines that the issuance of a protective order is 2,551
necessary, then the court shall issue a protective order that 2,552
appropriately limits the disclosure of one or more specified 2,553
records or specified information in one or more specified 2,554
records: 2,555
(a) The records or information in the records relate to a 2,557
case in which the child is alleged to be a delinquent child or a 2,558
case in which a child is bound over TRANSFERRED for trial as an 2,559
adult pursuant to section 2151.26 2152.12 of the Revised Code and 2,561
Juvenile Rule 30, and the adjudication hearing in the case, the 2,563
trial in the case, or other disposition of the case has not been 2,564
concluded.
(b) The records in question, or the records containing the 2,566
information in question, are confidential law enforcement 2,567
investigatory records, as defined in section 149.43 of the 2,568
Revised Code. 2,569
(c) The records or information in the records relate to a 2,571
case in which the child is or was alleged to be a delinquent 2,572
child or to a case in which a child is or was bound over 2,573
TRANSFERRED for trial as an adult pursuant to section 2151.26 2,575
2152.12 of the Revised Code and Juvenile Rule 30; another case is 2,577
pending against any child or any adult in which the child is 2,578
alleged to be a delinquent child, the child is so bound over 2,579
TRANSFERRED for trial as an adult, or the adult is alleged to be 2,581
a criminal offender; the allegations in the case to which the 2,582
59
records or information relate and the allegations in the other 2,583
case are based on the same act or transaction, are based on two 2,584
or more connected transactions or constitute parts of a common 2,585
scheme or plan, or are part of a course of criminal conduct; and 2,586
the adjudication hearing in, trial in, or other disposition of 2,587
the other case has not been concluded. 2,588
(C) If an individual or entity is required to provide 2,590
copies of records pursuant to this section, the individual or 2,591
entity may charge a fee for the copies that does not exceed the 2,592
cost of supplying them. 2,593
(D) This section shall not be construed to require, 2,595
authorize, or permit, and does not require, authorize, or permit, 2,596
the dissemination of any records or any information contained in 2,597
any records if the dissemination of the records or information 2,598
generally is prohibited by any provision of the Revised Code and 2,599
a specific provision of the Revised Code does not specifically 2,600
authorize or permit the dissemination of the records or 2,601
information pursuant to this section. 2,602
Sec. 2151.18. (A) THE JUVENILE COURT SHALL MAINTAIN 2,604
RECORDS OF ALL OFFICIAL CASES BROUGHT BEFORE IT, INCLUDING AN 2,605
APPEARANCE DOCKET AND A JOURNAL. THE PARENTS, GUARDIAN, OR OTHER 2,606
CUSTODIAN OF ANY CHILD AFFECTED, IF LIVING, OR THE NEAREST OF KIN 2,609
OF THE CHILD, IF THE PARENTS WOULD BE ENTITLED TO INSPECT THE 2,610
RECORDS BUT ARE DECEASED, MAY INSPECT THESE RECORDS, EITHER IN 2,611
PERSON OR BY COUNSEL DURING THE HOURS IN WHICH THE COURT IS OPEN. 2,612
(B) NOT LATER THAN JUNE OF EACH YEAR, THE COURT SHALL 2,614
PREPARE AN ANNUAL REPORT COVERING THE PRECEDING CALENDAR YEAR 2,615
SHOWING THE NUMBER AND KINDS OF CASES THAT HAVE COME BEFORE IT, 2,616
THE DISPOSITION OF THE CASES, AND ANY OTHER DATA PERTAINING TO 2,617
THE WORK OF THE COURT THAT THE JUVENILE JUDGE DIRECTS. THE COURT 2,619
SHALL FILE COPIES OF THE REPORT WITH THE BOARD OF COUNTY
COMMISSIONERS. WITH THE APPROVAL OF THE BOARD, THE COURT MAY 2,620
PRINT OR CAUSE TO BE PRINTED COPIES OF THE REPORT FOR 2,621
DISTRIBUTION TO PERSONS AND AGENCIES INTERESTED IN THE COURT OR 2,623
60
COMMUNITY PROGRAM FOR DEPENDENT, NEGLECTED, ABUSED, OR DELINQUENT 2,624
CHILDREN AND JUVENILE TRAFFIC OFFENDERS. THE COURT SHALL INCLUDE 2,625
THE NUMBER OF COPIES ORDERED PRINTED AND THE ESTIMATED COST OF
EACH PRINTED COPY ON EACH COPY OF THE REPORT PRINTED FOR 2,626
DISTRIBUTION. 2,627
Sec. 2151.211. No employer shall discharge or terminate 2,636
from employment, threaten to discharge or terminate from 2,637
employment, or otherwise punish or penalize any employee because 2,638
of time lost from regular employment as a result of the 2,639
employee's attendance at any proceeding in a delinquency case 2,640
pursuant to a subpoena UNDER THIS CHAPTER OR CHAPTER 2152. OF THE 2,642
REVISED CODE. This section generally does not require and shall 2,643
not be construed to require an employer to pay an employee for 2,644
time lost as a result of attendance at any proceeding in a 2,645
delinquency case UNDER EITHER CHAPTER. However, if an employee 2,646
is subpoenaed to appear at a proceeding in a delinquency case 2,647
UNDER EITHER CHAPTER and the proceeding pertains to an offense 2,649
against the employer or an offense involving the employee during 2,650
the course of his THE EMPLOYEE'S employment, the employer shall 2,652
not decrease or withhold the employee's pay for any time lost as 2,653
a result of compliance with the subpoena. Any employer who 2,654
knowingly violates this section is in contempt of court. 2,655
Sec. 2151.23. (A) The juvenile court has exclusive 2,664
original jurisdiction under the Revised Code as follows: 2,665
(1) Concerning any child who on or about the date 2,667
specified in the complaint OR INDICTMENT is alleged to be a 2,668
juvenile traffic offender or a delinquent, unruly, abused, 2,670
neglected, or dependent child; 2,671
(2) Subject to division (V) of section 2301.03 of the 2,673
Revised Code, to determine the custody of any child not a ward of 2,674
another court of this state; 2,675
(3) To hear and determine any application for a writ of 2,677
habeas corpus involving the custody of a child; 2,678
(4) To exercise the powers and jurisdiction given the 2,680
61
probate division of the court of common pleas in Chapter 5122. of 2,682
the Revised Code, if the court has probable cause to believe that 2,683
a child otherwise within the jurisdiction of the court is a
mentally ill person subject to hospitalization by court order, as 2,684
defined in section 5122.01 of the Revised Code; 2,685
(5) To hear and determine all criminal cases charging 2,687
adults with the violation of any section of this chapter; 2,688
(6) To hear and determine all criminal cases in which an 2,690
adult is charged with a violation of division (C) of section 2,691
2919.21, division (B)(1) of section 2919.22, division (B) of 2,692
section 2919.23, or section 2919.24 of the Revised Code, provided 2,693
the charge is not included in an indictment that also charges the 2,694
alleged adult offender with the commission of a felony arising 2,695
out of the same actions that are the basis of the alleged 2,696
violation of division (C) of section 2919.21, division (B)(1) of 2,697
section 2919.22, division (B) of section 2919.23, or section 2,698
2919.24 of the Revised Code; 2,699
(7) Under the interstate compact on juveniles in section 2,701
2151.56 of the Revised Code; 2,702
(8) Concerning any child who is to be taken into custody 2,704
pursuant to section 2151.31 of the Revised Code, upon being 2,705
notified of the intent to take the child into custody and the 2,706
reasons for taking the child into custody; 2,707
(9) To hear and determine requests for the extension of 2,709
temporary custody agreements, and requests for court approval of 2,710
permanent custody agreements, that are filed pursuant to section 2,711
5103.15 of the Revised Code; 2,712
(10) To hear and determine applications for consent to 2,714
marry pursuant to section 3101.04 of the Revised Code; 2,715
(11) Subject to division (V) of section 2301.03 of the 2,717
Revised Code, to hear and determine a request for an order for 2,718
the support of any child if the request is not ancillary to an 2,719
action for divorce, dissolution of marriage, annulment, or legal 2,720
separation, a criminal or civil action involving an allegation of 2,721
62
domestic violence, or an action for support brought under Chapter 2,722
3115. of the Revised Code; 2,723
(12) Concerning an action commenced under section 121.38 2,725
of the Revised Code; 2,726
(13) Concerning an action commenced under section 2151.55 2,728
of the Revised Code.
(B) The juvenile court has original jurisdiction under the 2,730
Revised Code: 2,731
(1) To hear and determine all cases of misdemeanors 2,733
charging adults with any act or omission with respect to any 2,734
child, which act or omission is a violation of any state law or 2,735
any municipal ordinance; 2,736
(2) To determine the paternity of any child alleged to 2,738
have been born out of wedlock pursuant to sections 3111.01 to 2,739
3111.19 of the Revised Code; 2,740
(3) Under the uniform interstate family support act in 2,744
Chapter 3115. of the Revised Code;
(4) To hear and determine an application for an order for 2,746
the support of any child, if the child is not a ward of another 2,747
court of this state; 2,748
(5) To hear and determine an action commenced under 2,750
section 5101.314 of the Revised Code. 2,751
(C) The juvenile court, except as to juvenile courts that 2,753
are a separate division of the court of common pleas or a 2,754
separate and independent juvenile court, has jurisdiction to 2,755
hear, determine, and make a record of any action for divorce or 2,756
legal separation that involves the custody or care of children 2,757
and that is filed in the court of common pleas and certified by 2,758
the court of common pleas with all the papers filed in the action 2,759
to the juvenile court for trial, provided that no certification 2,760
of that nature shall be made to any juvenile court unless the 2,762
consent of the juvenile judge first is obtained. After a 2,763
certification of that nature is made and consent is obtained, the 2,765
juvenile court shall proceed as if the action originally had been 2,766
63
begun in that court, except as to awards for spousal support or 2,767
support due and unpaid at the time of certification, over which 2,768
the juvenile court has no jurisdiction.
(D) The juvenile court has jurisdiction to hear and 2,770
determine all matters as to custody and support of children duly 2,771
certified by the court of common pleas to the juvenile court 2,772
after a divorce decree has been granted, including jurisdiction 2,773
to modify the judgment and decree of the court of common pleas as 2,774
the same relate to the custody and support of children. 2,775
(E) The juvenile court has jurisdiction to hear and 2,777
determine the case of any child certified to the court by any 2,778
court of competent jurisdiction if the child comes within the 2,779
jurisdiction of the juvenile court as defined by this section. 2,780
(F)(1) The juvenile court shall exercise its jurisdiction 2,782
in child custody matters in accordance with sections 3109.04, 2,783
3109.21 to 3109.36, and 5103.20 to 5103.28 of the Revised Code. 2,784
(2) The juvenile court shall exercise its jurisdiction in 2,786
child support matters in accordance with section 3109.05 of the 2,787
Revised Code. 2,788
(G)(1) Each order for child support made or modified by a 2,790
juvenile court shall include as part of the order a general 2,792
provision, as described in division (A)(1) of section 3113.21 of 2,793
the Revised Code, requiring the withholding or deduction of 2,794
income or assets of the obligor under the order as described in 2,796
division (D) of section 3113.21 of the Revised Code, or another 2,797
type of appropriate requirement as described in division (D)(3), 2,798
(D)(4), or (H) of that section, to ensure that withholding or 2,800
deduction from the income or assets of the obligor is available 2,802
from the commencement of the support order for collection of the 2,803
support and of any arrearages that occur; a statement requiring 2,804
all parties to the order to notify the child support enforcement 2,805
agency in writing of their current mailing address, current 2,806
residence address, current residence telephone number, and 2,807
current driver's license number, and any changes to that 2,809
64
information; and a notice that the requirement to notify the 2,811
child support enforcement agency of all changes to that
information continues until further notice from the court. Any 2,813
juvenile court that makes or modifies an order for child support 2,814
shall comply with sections 3113.21 to 3113.219 of the Revised 2,816
Code. If any person required to pay child support under an order 2,817
made by a juvenile court on or after April 15, 1985, or modified 2,818
on or after December 1, 1986, is found in contempt of court for 2,819
failure to make support payments under the order, the court that 2,820
makes the finding, in addition to any other penalty or remedy 2,821
imposed, shall assess all court costs arising out of the contempt 2,822
proceeding against the person and require the person to pay any 2,823
reasonable attorney's fees of any adverse party, as determined by 2,824
the court, that arose in relation to the act of contempt. 2,825
(2) Notwithstanding section 3109.01 of the Revised Code, 2,827
if a juvenile court issues a child support order under this 2,828
chapter, the order shall remain in effect beyond the child's 2,829
eighteenth birthday as long as the child continuously attends on 2,830
a full-time basis any recognized and accredited high school or 2,831
the order provides that the duty of support of the child 2,832
continues beyond the child's eighteenth birthday. Except in 2,833
cases in which the order provides that the duty of support 2,834
continues for any period after the child reaches nineteen years 2,835
of age the order shall not remain in effect after the child 2,836
reaches nineteen years of age. Any parent ordered to pay support 2,838
under a child support order issued under this chapter shall 2,839
continue to pay support under the order, including during 2,840
seasonal vacation periods, until the order terminates. 2,841
(H) If a child who is charged with an act that would be an 2,843
offense if committed by an adult was fourteen years of age or 2,844
older and under eighteen years of age at the time of the alleged 2,845
act and if the case is transferred for criminal prosecution 2,846
pursuant to section 2151.26 2152.12 of the Revised Code, the 2,848
juvenile court does not have jurisdiction to hear or determine 2,850
65
the case subsequent to the transfer. The court to which the case 2,851
is transferred for criminal prosecution pursuant to that section 2,852
has jurisdiction subsequent to the transfer to hear and determine 2,853
the case in the same manner as if the case originally had been 2,854
commenced in that court, including, but not limited to,
jurisdiction to accept a plea of guilty or another plea 2,855
authorized by Criminal Rule 11 or another section of the Revised 2,857
Code and jurisdiction to accept a verdict and to enter a judgment 2,858
of conviction pursuant to the Rules of Criminal Procedure against 2,859
the child for the commission of the offense that was the basis of 2,860
the transfer of the case for criminal prosecution, whether the 2,861
conviction is for the same degree or a lesser degree of the 2,862
offense charged, for the commission of a lesser-included offense, 2,863
or for the commission of another offense that is different from 2,864
the offense charged. 2,865
(I) If a person under eighteen years of age allegedly 2,868
commits an act that would be a felony if committed by an adult 2,869
and if the person is not CHARGED WITH COMMITTING, BUT AVOIDS 2,870
BEING taken into custody or apprehended for, that act until after 2,872
the person attains twenty-one years of age, the juvenile court 2,873
does not have jurisdiction to hear or determine any portion of 2,874
the case charging the person with committing that act. In those 2,875
circumstances, divisions (A), (B), and (C) of section 2151.26 2,876
2152.12 of the Revised Code do not apply regarding the act, AND 2,878
the case charging the person with committing the act shall be a 2,879
criminal prosecution commenced and heard in the appropriate court 2,880
having jurisdiction of the offense as if the person had been 2,881
eighteen years of age or older when the person committed the act, 2,882
all. ALL proceedings pertaining to the act shall be within the 2,884
jurisdiction of the court having jurisdiction of the offense, and 2,885
the THAT court having jurisdiction of the offense has all the 2,887
authority and duties in the case as THAT it has in other criminal 2,889
cases commenced in that court. 2,890
Sec. 2151.24. The (A) EXCEPT AS PROVIDED IN DIVISION (B) 2,900
66
OF THIS SECTION, THE board of county commissioners shall provide 2,901
a special room not used for the trial of criminal or adult cases, 2,902
when available, for the hearing of the cases of dependent, 2,903
neglected, abused, and delinquent children.
(B) DIVISION (A) OF THIS SECTION DOES NOT APPLY TO THE 2,905
CASE OF AN ALLEGED DELINQUENT CHILD WHEN THE CASE IS ONE IN WHICH 2,906
THE PROSECUTING ATTORNEY SEEKS A SERIOUS YOUTHFUL OFFENDER 2,907
DISPOSITION UNDER SECTION 2152.13 OF THE REVISED CODE. 2,908
Sec. 2151.27. (A) Any person having knowledge of a child 2,917
who appears to be a juvenile traffic offender or to be a 2,918
delinquent, AN unruly, abused, neglected, or dependent child may 2,919
file a sworn complaint with respect to that child in the juvenile 2,920
court of the county in which the child has a residence or legal 2,921
settlement or in which the traffic offense, delinquency, 2,922
unruliness, abuse, neglect, or dependency allegedly occurred. If 2,923
an alleged abused, neglected, or dependent child is taken into 2,924
custody pursuant to division (D) of section 2151.31 of the 2,925
Revised Code or is taken into custody pursuant to division (A) of 2,927
section 2151.31 of the Revised Code without the filing of a
complaint and placed into shelter care pursuant to division (C) 2,928
of that section, a sworn complaint shall be filed with respect to 2,930
the child before the end of the next day after the day on which 2,931
the child was taken into custody. The sworn complaint may be 2,932
upon information and belief, and, in addition to the allegation 2,933
that the child is a delinquent, AN unruly, abused, neglected, or 2,935
dependent child or a juvenile traffic offender, the complaint 2,936
shall allege the particular facts upon which the allegation that 2,937
the child is a delinquent, AN unruly, abused, neglected, or 2,939
dependent child or a juvenile traffic offender is based. 2,940
(B) If a child, before arriving at the age of eighteen 2,942
years, allegedly commits an act for which the child may be 2,943
adjudicated a delinquent child, an unruly child, or a juvenile 2,944
traffic offender and if the specific complaint alleging the act 2,945
is not filed or a hearing on that specific complaint is not held 2,946
67
until after the child arrives at the age of eighteen years, the 2,947
court has jurisdiction to hear and dispose of the complaint as if 2,948
the complaint were filed and the hearing held before the child 2,949
arrived at the age of eighteen years. 2,950
(C) If the complainant in a case in which a child is 2,952
alleged to be an abused, neglected, or dependent child desires 2,953
permanent custody of the child or children, temporary custody of 2,954
the child or children, whether as the preferred or an alternative 2,955
disposition, or the placement of the child in a planned permanent 2,956
living arrangement, the complaint shall contain a prayer 2,958
specifically requesting permanent custody, temporary custody, or 2,959
the placement of the child in a planned permanent living 2,960
arrangement. 2,961
(D) For purposes of the record to be maintained by the 2,963
clerk under division (B) of section 2151.18 of the Revised Code, 2,964
when a complaint is filed that alleges that a child is a 2,965
delinquent child, the court shall determine if the victim of the 2,966
alleged delinquent act was sixty-five years of age or older or 2,967
permanently and totally disabled at the time of the alleged 2,968
commission of the act. 2,969
(E) Any person with standing under applicable law may file 2,971
a complaint for the determination of any other matter over which 2,972
the juvenile court is given jurisdiction by section 2151.23 of 2,973
the Revised Code. The complaint shall be filed in the county in 2,974
which the child who is the subject of the complaint is found or 2,975
was last known to be found. 2,976
(F) Within ten days after the filing of a complaint, the 2,978
court shall give written notice of the filing of the complaint 2,979
and of the substance of the complaint to the superintendent of a 2,980
city, local, exempted village, or joint vocational school 2,981
district if the complaint alleges that a child committed an act 2,982
that would be a criminal offense if committed by an adult, that 2,984
the child was sixteen years of age or older at the time of the 2,985
commission of the alleged act, and that the alleged act is any of 2,986
68
the following:
(1) A violation of section 2923.122 of the Revised Code 2,988
that relates to property owned or controlled by, or to an 2,989
activity held under the auspices of, the board of education of 2,990
that school district; 2,991
(2) A violation of section 2923.12 of the Revised Code, of 2,993
a substantially similar municipal ordinance, or of section 2,994
2925.03 of the Revised Code that was committed on property owned 2,995
or controlled by, or at an activity held under the auspices of, 2,996
the board of education of that school district; 2,997
(3) A violation of section 2925.11 of the Revised Code 2,999
that was committed on property owned or controlled by, or at an 3,001
activity held under the auspices of, the board of education of 3,002
that school district, other than a violation of that section that 3,003
would be a minor drug possession offense, as defined in section
2925.01 of the Revised Code, if committed by an adult; 3,004
(4) A violation of section 2903.01, 2903.02, 2903.03, 3,006
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised 3,008
Code, or a violation of former section 2907.12 of the Revised
Code, that was committed on property owned or controlled by, or 3,010
at an activity held under the auspices of, the board of education 3,011
of that school district, if the victim at the time of the 3,012
commission of the alleged act was an employee of the board of
education of that school district. 3,013
(5) Complicity in any violation described in division 3,015
(F)(1), (2), (3), or (4) of this section that was alleged to have 3,016
been committed in the manner described in division (F)(1), (2), 3,017
(3), or (4) of this section, regardless of whether the act of 3,018
complicity was committed on property owned or controlled by, or 3,019
at an activity held under the auspices of, the board of education 3,020
of that school district. 3,021
(G)(E) A public children services agency, acting pursuant 3,023
to a complaint or an action on a complaint filed under this 3,025
section, is not subject to the requirements of section 3109.27 of 3,026
69
the Revised Code.
Sec. 2151.271. If EXCEPT IN A CASE IN WHICH THE CHILD IS 3,035
ALLEGED TO BE A SERIOUS YOUTHFUL OFFENDER UNDER SECTION 2152.13 3,036
OF THE REVISED CODE, IF the child resides in a county of the 3,037
state and the proceeding is commenced in a juvenile court of 3,038
another county, that court, on its own motion or a motion of a 3,039
party, may transfer the proceeding to the county of the child's 3,040
residence upon the filing of the complaint or after the 3,041
adjudicatory, or dispositional hearing, for such further 3,042
proceeding as required. The court of the child's residence shall 3,043
then proceed as if the original complaint had been filed in that 3,045
court. Transfer may also be made if the residence of the child 3,046
changes. The proceeding shall be so transferred if other 3,047
proceedings involving the child are pending in the juvenile court
of the county of his THE CHILD'S residence. 3,048
Whenever a case is transferred to the county of the child's 3,050
residence and it appears to the court of that county that the 3,051
interests of justice and the convenience of the parties requires 3,052
that the adjudicatory hearing be had in the county wherein IN 3,053
WHICH the complaint was filed, the court may return the 3,054
proceeding to the county wherein IN WHICH the complaint was filed 3,056
for the purpose of such THE adjudicatory hearing. The court may 3,057
thereafter proceed as to the transfer to the county of the 3,059
child's legal residence as provided in this section. 3,060
Certified copies of all legal and social records pertaining 3,062
to the case shall accompany the transfer. 3,063
Sec. 2151.28. (A) No later than seventy-two hours after 3,072
the complaint, INDICTMENT, OR INFORMATION is filed, the court 3,075
shall fix a time for an adjudicatory hearing. The court shall 3,076
conduct the adjudicatory hearing within one of the following 3,077
periods of time:
(1) If SUBJECT TO DIVISION (C) OF SECTION 2152.13 OF THE 3,079
REVISED CODE, IF the complaint, INDICTMENT, OR INFORMATION 3,080
alleged that the child is a delinquent or unruly child or a 3,082
70
juvenile traffic offender, the adjudicatory hearing shall be held 3,083
and may be continued in accordance with the Juvenile Rules. 3,084
(2) If the complaint alleged that the child is an abused, 3,086
neglected, or dependent child, the adjudicatory hearing shall be 3,087
held no later than thirty days after the complaint is filed, 3,088
except that, for good cause shown, the court may continue the 3,089
adjudicatory hearing for either of the following periods of time: 3,090
(a) For ten days beyond the thirty-day deadline to allow 3,092
any party to obtain counsel; 3,093
(b) For a reasonable period of time beyond the thirty-day 3,095
deadline to obtain service on all parties or any necessary 3,096
evaluation, except that the adjudicatory hearing shall not be 3,097
held later than sixty days after the date on which the complaint 3,098
was filed. 3,099
(B) At an adjudicatory hearing held pursuant to division 3,101
(A)(2) of this section, the court, in addition to determining 3,102
whether the child is an abused, neglected, or dependent child, 3,103
shall determine whether the child should remain or be placed in 3,104
shelter care until the dispositional hearing. When the court 3,105
makes the shelter care determination, all of the following apply: 3,106
(1) The court shall determine whether there are any 3,108
relatives of the child who are willing to be temporary custodians 3,109
of the child. If any relative is willing to be a temporary 3,110
custodian, the child otherwise would remain or be placed in 3,111
shelter care, and the appointment is appropriate, the court shall 3,112
appoint the relative as temporary custodian of the child, unless 3,113
the court appoints another relative as custodian. If it 3,114
determines that the appointment of a relative as custodian would 3,115
not be appropriate, it shall issue a written opinion setting 3,116
forth the reasons for its determination and give a copy of the 3,117
opinion to all parties and the guardian ad litem of the child. 3,118
The court's consideration of a relative for appointment as 3,120
a temporary custodian does not make that relative a party to the 3,121
proceedings. 3,122
71
(2) The court shall comply with section 2151.419 of the 3,125
Revised Code.
(3) The court shall schedule the date for the 3,127
dispositional hearing to be held pursuant to section 2151.35 of 3,128
the Revised Code. The parents of the child have a right to be 3,129
represented by counsel; however, in no case shall the 3,130
dispositional hearing be held later than ninety days after the 3,131
date on which the complaint was filed. 3,132
(C) The court shall direct the issuance of a summons 3,134
directed to the child except as provided by this section, the 3,135
parents, guardian, custodian, or other person with whom the child 3,136
may be, and any other persons that appear to the court to be 3,137
proper or necessary parties to the proceedings, requiring them to 3,138
appear before the court at the time fixed to answer the 3,139
allegations of the complaint, INDICTMENT, OR INFORMATION. The 3,140
summons shall contain the name and telephone number of the court 3,142
employee designated by the court pursuant to section 2151.314 of 3,143
the Revised Code to arrange for the prompt appointment of counsel 3,144
for indigent persons. A child alleged to be an abused, 3,145
neglected, or dependent child shall not be summoned unless the 3,146
court so directs. A summons issued for a child who is under 3,147
fourteen years of age and who is alleged to be a delinquent 3,148
child, unruly child, or a juvenile traffic offender shall be 3,149
served on the parent, guardian, or custodian of the child in the 3,150
child's behalf.
If the person who has physical custody of the child, or 3,152
with whom the child resides, is other than the parent or 3,153
guardian, then the parents and guardian also shall be summoned. 3,154
A copy of the complaint, INDICTMENT, OR INFORMATION shall 3,155
accompany the summons. 3,156
(D) If the complaint contains a prayer for permanent 3,158
custody, temporary custody, whether as the preferred or an 3,159
alternative disposition, or a planned permanent living 3,161
arrangement in a case involving an alleged abused, neglected, or 3,162
72
dependent child, the summons served on the parents shall contain 3,163
as is appropriate an explanation that the granting of permanent 3,164
custody permanently divests the parents of their parental rights 3,165
and privileges, an explanation that an adjudication that the 3,166
child is an abused, neglected, or dependent child may result in 3,167
an order of temporary custody that will cause the removal of the 3,168
child from their legal custody until the court terminates the 3,169
order of temporary custody or permanently divests the parents of 3,170
their parental rights, or an explanation that the issuance of an 3,171
order for a planned permanent living arrangement will cause the 3,172
removal of the child from the legal custody of the parents if any 3,174
of the conditions listed in divisions (A)(5)(a) to (c) of section 3,175
2151.353 of the Revised Code are found to exist. 3,176
(E) The court may endorse upon the summons an order 3,178
directing the parents, guardian, or other person with whom the 3,179
child may be to appear personally at the hearing and directing 3,180
the person having the physical custody or control of the child to 3,181
bring the child to the hearing. 3,182
(F)(1) The EXCEPT IN A PROCEEDING INVOLVING A CHILD WHO IS 3,184
ALLEGED TO BE A DELINQUENT CHILD OR A JUVENILE TRAFFIC OFFENDER 3,185
FOR COMMITTING AN ACT THAT WOULD BE A MINOR MISDEMEANOR IF 3,186
COMMITTED BY AN ADULT, THE summons shall contain a statement 3,187
advising that any party is entitled to counsel in the proceedings 3,188
and that the court will appoint counsel or designate a county 3,189
public defender or joint county public defender to provide legal 3,190
representation if the party is indigent. 3,191
(2) In cases in which the complaint alleges a child to be 3,193
an abused, neglected, or dependent child and no hearing has been 3,194
conducted pursuant to division (A) of section 2151.314 of the 3,195
Revised Code with respect to the child or a parent, guardian, or 3,196
custodian of the child does not attend the hearing, the summons 3,197
also shall contain a statement advising that a case plan may be 3,198
prepared for the child, the general requirements usually
contained in case plans, and the possible consequences of failure 3,199
73
to comply with a journalized case plan. 3,200
(G) If it appears from an affidavit filed or from sworn 3,202
testimony before the court that the conduct, condition, or 3,203
surroundings of the child are endangering the child's health or 3,205
welfare or those of others, that the child may abscond or be
removed from the jurisdiction of the court, or that the child 3,206
will not be brought to the court, notwithstanding the service of 3,208
the summons, the court may endorse upon the summons an order that 3,209
a law enforcement officer serve the summons and take the child 3,210
into immediate custody and bring the child forthwith to the 3,211
court.
(H) A party, other than the child, may waive service of 3,213
summons by written stipulation. 3,214
(I) Before any temporary commitment is made permanent, the 3,216
court shall fix a time for hearing in accordance with section 3,217
2151.414 of the Revised Code and shall cause notice by summons to 3,218
be served upon the parent or guardian of the child and the 3,219
guardian ad litem of the child, or published, as provided in 3,220
section 2151.29 of the Revised Code. The summons shall contain 3,221
an explanation that the granting of permanent custody permanently 3,222
divests the parents of their parental rights and privileges. 3,223
(J) Any person whose presence is considered necessary and 3,225
who is not summoned may be subpoenaed to appear and testify at 3,226
the hearing. Anyone summoned or subpoenaed to appear who fails 3,228
to do so may be punished, as in other cases in the court of 3,229
common pleas, for contempt of court. Persons subpoenaed shall be 3,230
paid the same witness fees as are allowed in the court of common 3,231
pleas. 3,232
(K) The failure of the court to hold an adjudicatory 3,234
hearing within any time period set forth in division (A)(2) of 3,235
this section does not affect the ability of the court to issue 3,236
any order under this chapter and does not provide any basis for 3,237
attacking the jurisdiction of the court or the validity of any 3,238
order of the court. 3,239
74
(L) If the court, at an adjudicatory hearing held pursuant 3,241
to division (A) of this section upon a complaint, INDICTMENT, OR 3,242
INFORMATION alleging that a child is an abused, neglected, 3,245
dependent, delinquent, or unruly child or a juvenile traffic 3,246
offender, determines that the child is a dependent child, the
court shall incorporate that determination into written findings 3,247
of fact and conclusions of law and enter those findings of fact 3,248
and conclusions of law in the record of the case. The court 3,249
shall include in those findings of fact and conclusions of law 3,250
specific findings as to the existence of any danger to the child 3,251
and any underlying family problems that are the basis for the 3,252
court's determination that the child is a dependent child. 3,253
Sec. 2151.29. Service of summons, notices, and subpoenas, 3,262
prescribed by section 2151.28 of the Revised Code, shall be made 3,263
by delivering a copy to the person summoned, notified, or 3,264
subpoenaed, or by leaving a copy at his THE PERSON'S usual place 3,265
of residence. If the juvenile judge is satisfied that such 3,267
service is impracticable, he THE JUVENILE JUDGE may order service 3,268
by registered or certified mail. If the person to be served is 3,270
without the state but he THE PERSON can be found or his THE 3,272
PERSON'S address is known, or his THE PERSON'S whereabouts or 3,273
address can with reasonable diligence be ascertained, service of 3,274
the summons may be made by delivering a copy to him THE PERSON 3,275
personally or mailing a copy to him THE PERSON by registered or 3,277
certified mail. 3,278
Whenever it appears by affidavit that after reasonable 3,280
effort the person to be served with summons cannot be found or 3,281
his THE PERSON'S post-office address ascertained, whether he THE 3,283
PERSON is within or without a state, the clerk shall publish such 3,284
summons once in a newspaper of general circulation throughout the 3,285
county. The summons shall state the substance and the time and 3,286
place of the hearing, which shall be held at least one week later 3,287
than the date of the publication. A copy of the summons and the 3,288
complaint, INDICTMENT, OR INFORMATION shall be sent by registered 3,289
75
or certified mail to the last known address of the person 3,292
summoned unless it is shown by affidavit that a reasonable effort 3,293
has been made, without success, to obtain such address. 3,294
A copy of the advertisement, THE summons, and THE 3,297
complaint, INDICTMENT, OR INFORMATION, accompanied by the 3,299
certificate of the clerk that such publication has been made and 3,300
that such THE summons and THE complaint, INDICTMENT, OR 3,301
INFORMATION have been mailed as required by this section, is 3,303
sufficient evidence of publication and mailing. When a period of 3,304
one week from the time of publication has elapsed, the juvenile 3,305
court shall have full jurisdiction to deal with such child as 3,306
provided by sections 2151.01 to 2151.99, inclusive, of the 3,307
Revised Code.
Sec. 2151.31. (A) A child may be taken into custody in 3,320
any of the following ways: 3,321
(1) Pursuant to an order of the court under this chapter 3,323
or pursuant to an order of the court upon a motion filed pursuant 3,324
to division (B) of section 2930.05 of the Revised Code; 3,325
(2) Pursuant to the laws of arrest; 3,327
(3) By a law enforcement officer or duly authorized 3,329
officer of the court when any of the following conditions are 3,330
present: 3,331
(a) There are reasonable grounds to believe that the child 3,333
is suffering from illness or injury and is not receiving proper 3,334
care, as described in section 2151.03 of the Revised Code, and 3,335
the child's removal is necessary to prevent immediate or 3,336
threatened physical or emotional harm; 3,338
(b) There are reasonable grounds to believe that the child 3,340
is in immediate danger from the child's surroundings and that the 3,342
child's removal is necessary to prevent immediate or threatened 3,343
physical or emotional harm; 3,344
(c) There are reasonable grounds to believe that a parent, 3,346
guardian, custodian, or other household member of the child's 3,347
household has abused or neglected another child in the household 3,348
76
and to believe that the child is in danger of immediate or 3,349
threatened physical or emotional harm from that person. 3,350
(4) By an enforcement official, as defined in section 3,352
4109.01 of the Revised Code, under the circumstances set forth in 3,353
section 4109.08 of the Revised Code; 3,354
(5) By a law enforcement officer or duly authorized 3,356
officer of the court when there are reasonable grounds to believe 3,357
that the child has run away from the child's parents, guardian, 3,359
or other custodian; 3,360
(6) By a law enforcement officer or duly authorized 3,362
officer of the court when any of the following apply: 3,363
(a) There are reasonable grounds to believe that the 3,365
conduct, conditions, or surroundings of the child are endangering 3,366
the health, welfare, or safety of the child. 3,367
(b) A complaint has been filed with respect to the child 3,369
under section 2151.27 OR 2152.021 of the Revised Code OR THE 3,371
CHILD HAS BEEN INDICTED UNDER DIVISION (C) OF SECTION 2152.13 OF 3,372
THE REVISED CODE OR CHARGED BY INFORMATION AS DESCRIBED IN THAT
SECTION and there are reasonable grounds to believe that the 3,373
child may abscond or be removed from the jurisdiction of the 3,374
court.
(c) The child is required to appear in court and there are 3,376
reasonable grounds to believe that the child will not be brought 3,377
before the court when required. 3,378
(d) THERE ARE REASONABLE GROUNDS TO BELIEVE THAT THE CHILD 3,380
COMMITTED A DELINQUENT ACT AND THAT TAKING THE CHILD INTO CUSTODY 3,381
IS NECESSARY TO PROTECT THE PUBLIC INTEREST AND SAFETY. 3,382
(B)(1) The taking of a child into custody is not and shall 3,384
not be deemed an arrest except for the purpose of determining its 3,385
validity under the constitution of this state or of the United 3,386
States. 3,387
(2) Except as provided in division (C) of section 2151.311 3,389
of the Revised Code, a child taken into custody shall not be held 3,390
in any state correctional institution, county, multicounty, or 3,392
77
municipal jail or workhouse, or any other place where any adult 3,393
convicted of crime, under arrest, or charged with crime is held. 3,394
(C) A (1) EXCEPT AS PROVIDED IN DIVISION (C)(2) OF THIS 3,397
SECTION, A child taken into custody shall not be confined in a
place of juvenile detention or placed in shelter care prior to 3,398
the implementation of the court's final order of disposition, 3,399
unless detention or shelter care is required to protect the child 3,401
from immediate or threatened physical or emotional harm, because 3,402
the child may abscond or be removed from the jurisdiction of the 3,403
court, because the child has no parents, guardian, or custodian 3,404
or other person able to provide supervision and care for the 3,405
child and return the child to the court when required, or because 3,406
an order for placement of the child in detention or shelter care 3,407
has been made by the court pursuant to this chapter. 3,408
(2) A CHILD ALLEGED TO BE A DELINQUENT CHILD WHO IS TAKEN 3,410
INTO CUSTODY MAY BE CONFINED IN A PLACE OF JUVENILE DETENTION 3,411
PRIOR TO THE IMPLEMENTATION OF THE COURT'S FINAL ORDER OF 3,412
DISPOSITION IF THE CONFINEMENT IS AUTHORIZED UNDER SECTION 3,413
2152.04 OF THE REVISED CODE OR IF THE CHILD IS ALLEGED TO BE A
SERIOUS YOUTHFUL OFFENDER UNDER SECTION 2152.13 OF THE REVISED 3,414
CODE AND IS NOT RELEASED ON BOND. 3,415
(D) Upon receipt of notice from a person that the person 3,417
intends to take an alleged abused, neglected, or dependent child 3,418
into custody pursuant to division (A)(3) of this section, a 3,419
juvenile judge or a designated referee may grant by telephone an 3,420
ex parte emergency order authorizing the taking of the child into 3,421
custody if there is probable cause to believe that any of the 3,422
conditions set forth in divisions (A)(3)(a) to (c) of this 3,423
section are present. The judge or referee shall journalize any 3,424
ex parte emergency order issued pursuant to this division. If an 3,425
order is issued pursuant to this division and the child is taken 3,426
into custody pursuant to the order, a sworn complaint shall be 3,427
filed with respect to the child before the end of the next 3,428
business day after the day on which the child is taken into 3,429
78
custody and a hearing shall be held pursuant to division (E) of 3,430
this section and the Juvenile Rules. A juvenile judge or referee 3,431
shall not grant an emergency order by telephone pursuant to this 3,432
division until after the judge or referee determines that 3,433
reasonable efforts have been made to notify the parents, 3,435
guardian, or custodian of the child that the child may be placed 3,436
into shelter care and of the reasons for placing the child into 3,437
shelter care, except that, if the requirement for notification 3,438
would jeopardize the physical or emotional safety of the child or 3,439
result in the child being removed from the court's jurisdiction, 3,440
the judge or referee may issue the order for taking the child 3,441
into custody and placing the child into shelter care prior to 3,442
giving notice to the parents, guardian, or custodian of the 3,443
child.
(E) If a judge or referee pursuant to division (D) of this 3,445
section issues an ex parte emergency order for taking a child 3,446
into custody, the court shall hold a hearing to determine whether 3,447
there is probable cause for the emergency order. The hearing 3,448
shall be held before the end of the next business day after the 3,449
day on which the emergency order is issued, except that it shall 3,450
not be held later than seventy-two hours after the emergency 3,451
order is issued. 3,452
If the court determines at the hearing that there is not 3,454
probable cause for the issuance of the emergency order issued 3,455
pursuant to division (D) of this section, it shall order the 3,456
child released to the custody of the child's parents, guardian, 3,458
or custodian. If the court determines at the hearing that there 3,459
is probable cause for the issuance of the emergency order issued 3,460
pursuant to division (D) of this section, the court shall do all 3,462
of the following: 3,463
(1) Ensure that a complaint is filed or has been filed; 3,465
(2) Comply with section 2151.419 of the Revised Code; 3,467
(3) Hold a hearing pursuant to section 2151.314 of the 3,469
Revised Code to determine if the child should remain in shelter 3,470
79
care. 3,471
(F) If the court determines at the hearing held pursuant 3,473
to division (E) of this section that there is probable cause to 3,474
believe that the child is an abused child, as defined in division 3,475
(A) of section 2151.031 of the Revised Code, the court may do any 3,476
of the following: 3,477
(1) Upon the motion of any party, the guardian ad litem, 3,479
the prosecuting attorney, or an employee of the public children 3,480
services agency, or its own motion, issue reasonable protective 3,484
orders with respect to the interviewing or deposition of the 3,485
child;
(2) Order that the child's testimony be videotaped for 3,487
preservation of the testimony for possible use in any other 3,488
proceedings in the case; 3,489
(3) Set any additional conditions with respect to the 3,491
child or the case involving the child that are in the best 3,492
interest of the child. 3,493
(G) This section is not intended, and shall not be 3,495
construed, to prevent any person from taking a child into 3,496
custody, if taking the child into custody is necessary in an 3,497
emergency to prevent the physical injury, emotional harm, or 3,498
neglect of the child. 3,499
Sec. 2151.311. (A) A person taking a child into custody 3,508
shall, with all reasonable speed and in accordance with division 3,509
(C) of this section, either: 3,510
(1) Release the child to the child's parents, guardian, or 3,512
other custodian, unless the child's detention or shelter care 3,513
appears to be warranted or required as provided in section 3,515
2151.31 of the Revised Code; 3,516
(2) Bring the child to the court or deliver the child to a 3,518
place of detention or shelter care designated by the court and 3,519
promptly give notice thereof, together with a statement of the 3,520
reason for taking the child into custody, to a parent, guardian, 3,521
or other custodian and to the court. 3,522
80
(B) If a parent, guardian, or other custodian fails, when 3,524
requested by the court, to bring the child before the court as 3,525
provided by this section, the court may issue its warrant 3,526
directing that the child be taken into custody and brought before 3,527
the court. 3,528
(C)(1) Before taking any action required by division (A) 3,530
of this section, a person taking a child into custody may hold 3,531
the child for processing purposes in a county, multicounty, or 3,532
municipal jail or workhouse, or other place where an adult 3,533
convicted of crime, under arrest, or charged with crime is held 3,534
for either of the following periods of time: 3,535
(a) For a period not to exceed six hours, if all of the 3,537
following apply: 3,538
(i) The child is alleged to be a delinquent child for the 3,540
commission of an act that would be a felony if committed by an 3,541
adult; 3,542
(ii) The child remains beyond the range of touch of all 3,545
adult detainees;
(iii) The child is visually supervised by jail or 3,547
workhouse personnel at all times during the detention; 3,548
(iv) The child is not handcuffed or otherwise physically 3,550
secured to a stationary object during the detention. 3,551
(b) For a period not to exceed three hours, if all of the 3,553
following apply: 3,554
(i) The child is alleged to be a delinquent child for the 3,556
commission of an act that would be a misdemeanor if committed by 3,557
an adult or is alleged to be an unruly child or a juvenile 3,558
traffic offender; 3,559
(ii) The child remains beyond the range of touch of all 3,562
adult detainees;
(iii) The child is visually supervised by jail or 3,564
workhouse personnel at all times during the detention; 3,565
(iv) The child is not handcuffed or otherwise physically 3,567
secured to a stationary object during the detention. 3,568
81
(2) If a child has been transferred to an adult court for 3,570
prosecution for the alleged commission of a criminal offense, 3,571
subsequent to the transfer, the child may be held as described in 3,573
division (C)(F) of section 2151.312 2152.26 or division (B) of 3,575
section 5120.16 of the Revised Code. 3,576
(D) As used in division (C)(1) of this section, 3,578
"processing purposes" means all of the following: 3,579
(1) Fingerprinting, photographing, or fingerprinting and 3,581
photographing the child in a secure area of the facility; 3,582
(2) Interrogating the child, contacting the child's parent 3,584
or guardian, arranging for placement of the child, or arranging 3,585
for transfer or transferring the child, while holding the child 3,586
in a nonsecure area of the facility. 3,587
Sec. 2151.312. (A) A CHILD ALLEGED TO BE OR ADJUDICATED 3,589
AN UNRULY CHILD MAY BE HELD ONLY IN THE FOLLOWING PLACES: 3,591
(1) A CERTIFIED FAMILY FOSTER HOME OR A HOME APPROVED BY 3,593
THE COURT; 3,594
(2) A FACILITY OPERATED BY A CERTIFIED CHILD WELFARE 3,596
AGENCY;
(3) ANY OTHER SUITABLE PLACE DESIGNATED BY THE COURT. 3,598
(B)(1) EXCEPT AS PROVIDED UNDER DIVISION (C)(1) OF SECTION 3,601
2151.311 OF THE REVISED CODE OR DIVISION (A)(6) OF SECTION 3,603
2151.356 OF THE REVISED CODE, A CHILD ALLEGED TO BE OR 3,604
ADJUDICATED A NEGLECTED CHILD, AN ABUSED CHILD, A DEPENDENT 3,606
CHILD, OR AN UNRULY CHILD MAY NOT BE HELD IN ANY OF THE FOLLOWING 3,607
FACILITIES:
(a) A STATE CORRECTIONAL INSTITUTION, COUNTY, MULTICOUNTY, 3,609
OR MUNICIPAL JAIL OR WORKHOUSE, OR OTHER PLACE IN WHICH AN ADULT 3,610
CONVICTED OF A CRIME, UNDER ARREST, OR CHARGED WITH A CRIME IS 3,611
HELD;
(b) A SECURE CORRECTIONAL FACILITY. 3,613
(2) EXCEPT AS PROVIDED UNDER SECTIONS 2151.26 TO 2151.61 3,615
AND DIVISION (A)(6) OF SECTION 2151.356 OF THE REVISED CODE AND 3,616
DIVISION (B)(3) OF THIS SECTION, A CHILD ALLEGED TO BE OR 3,617
82
ADJUDICATED AN UNRULY CHILD MAY NOT BE HELD FOR MORE THAN 3,618
TWENTY-FOUR HOURS IN A DETENTION FACILITY. A CHILD ALLEGED TO BE 3,619
OR ADJUDICATED A NEGLECTED CHILD, AN ABUSED CHILD, OR A DEPENDENT 3,620
CHILD SHALL NOT BE HELD IN A DETENTION FACILITY. 3,621
(3) A CHILD WHO IS ALLEGED TO BE OR ADJUDICATED AN UNRULY 3,623
CHILD AND WHO IS TAKEN INTO CUSTODY ON A SATURDAY, SUNDAY, OR 3,625
LEGAL HOLIDAY, AS LISTED IN SECTION 1.14 OF THE REVISED CODE, MAY 3,626
BE HELD IN A DETENTION HOME UNTIL THE NEXT SUCCEEDING DAY THAT IS 3,628
NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY. 3,629
Sec. 2151.313. (A)(1) Except as provided in division 3,638
(A)(2) of this section and in sections 109.57, 109.60, and 109.61 3,640
of the Revised Code, no child shall be fingerprinted or 3,641
photographed in the investigation of any violation of law without 3,642
the consent of the juvenile judge. 3,643
(2) Subject to division (A)(3) of this section, a law 3,646
enforcement officer may fingerprint and photograph a child 3,647
without the consent of the juvenile judge when the child is 3,648
arrested or otherwise taken into custody for the commission of an 3,649
act that would be an offense, other than a traffic offense or a 3,650
minor misdemeanor, if committed by an adult, and there is 3,651
probable cause to believe that the child may have been involved 3,652
in the commission of the act. A law enforcement officer who 3,653
takes fingerprints or photographs of a child under division 3,654
(A)(2) of this section immediately shall inform the juvenile 3,655
court that the fingerprints or photographs were taken and shall 3,656
provide the court with the identity of the child, the number of 3,657
fingerprints and photographs taken, and the name and address of 3,658
each person who has custody and control of the fingerprints or 3,659
photographs or copies of the fingerprints or photographs. 3,660
(3) This section does not apply to a child to whom either 3,663
of the following applies:
(a) The child has been arrested or otherwise taken into 3,666
custody for committing, or has been adjudicated a delinquent 3,667
child for committing, an act that would be a felony if committed 3,668
83
by an adult or has been convicted of or pleaded guilty to 3,669
committing a felony. 3,670
(b) There is probable cause to believe that the child may 3,673
have committed an act that would be a felony if committed by an 3,675
adult.
(B)(1) Subject to divisions (B)(4), (5), and (6) of this 3,677
section, all fingerprints and photographs of a child obtained or 3,678
taken under division (A)(1) or (2) of this section, and any 3,679
records of the arrest or custody of the child that was the basis 3,680
for the taking of the fingerprints or photographs, initially may 3,681
be retained only until the expiration of thirty days after the 3,682
date taken, except that the court may limit the initial retention 3,683
of fingerprints and photographs of a child obtained under 3,684
division (A)(1) of this section to a shorter period of time and 3,685
except that, if the child is adjudicated a delinquent child for 3,686
the commission of an act described in division (B)(3) of this 3,687
section or is convicted of or pleads guilty to a criminal offense 3,688
for the commission of an act described in division (B)(3) of this 3,689
section, the fingerprints and photographs, and the records of the 3,690
arrest or custody of the child that was the basis for the taking 3,691
of the fingerprints and photographs, shall be retained in 3,692
accordance with division (B)(3) of this section. During the 3,693
initial period of retention, the fingerprints and photographs of 3,694
a child, copies of the fingerprints and photographs, and records 3,695
of the arrest or custody of the child shall be used or released 3,696
only in accordance with division (C) of this section. At the 3,697
expiration of the initial period for which fingerprints and 3,698
photographs of a child, copies of fingerprints and photographs of 3,699
a child, and records of the arrest or custody of a child may be 3,700
retained under this division, if no complaint OR INDICTMENT is 3,701
pending against the child in relation to the act for which the 3,703
fingerprints and photographs originally were obtained or taken 3,704
and if the child has neither been adjudicated a delinquent child 3,705
for the commission of that act nor been convicted of or pleaded 3,706
84
guilty to a criminal offense based on that act subsequent to a 3,707
transfer of the child's case for criminal prosecution pursuant to 3,708
section 2151.26 2152.12 of the Revised Code, the fingerprints and 3,709
photographs of the child, all copies of the fingerprints and 3,711
photographs, and all records of the arrest or custody of the 3,712
child that was the basis of the taking of the fingerprints and 3,713
photographs shall be removed from the file and delivered to the 3,714
juvenile court.
(2) If, at the expiration of the initial period of 3,716
retention set forth in division (B)(1) of this section, a 3,717
complaint, INDICTMENT, OR INFORMATION is pending against the 3,718
child in relation to the act for which the fingerprints and 3,721
photographs originally were obtained or the child either has been 3,722
adjudicated a delinquent child for the commission of an act other 3,723
than an act described in division (B)(3) of this section or has 3,724
been convicted of or pleaded guilty to a criminal offense for the 3,725
commission of an act other than an act described in division 3,726
(B)(3) of this section subsequent to transfer of the child's 3,727
case, the fingerprints and photographs of the child, copies of 3,728
the fingerprints and photographs, and the records of the arrest 3,729
or custody of the child that was the basis of the taking of the 3,730
fingerprints and photographs may further be retained, subject to 3,731
division (B)(4) of this section, until the earlier of the 3,732
expiration of two years after the date on which the fingerprints 3,733
or photographs were taken or the child attains eighteen years of 3,734
age, except that, if the child is adjudicated a delinquent child 3,735
for the commission of an act described in division (B)(3) of this 3,736
section or is convicted of or pleads guilty to a criminal offense 3,737
for the commission of an act described in division (B)(3) of this 3,738
section, the fingerprints and photographs, and the records of the 3,739
arrest or custody of the child that was the basis for the taking 3,740
of the fingerprints and photographs, shall be retained in 3,741
accordance with division (B)(3) of this section. 3,742
Except as otherwise provided in division (B)(3) of this 3,744
85
section, during this additional period of retention, the 3,745
fingerprints and photographs of a child, copies of the 3,746
fingerprints and photographs of a child, and records of the 3,747
arrest or custody of a child shall be used or released only in 3,748
accordance with division (C) of this section. At the expiration 3,749
of the additional period, if no complaint, INDICTMENT, OR 3,750
INFORMATION is pending against the child in relation to the act 3,753
for which the fingerprints originally were obtained or taken or 3,754
in relation to another act for which the fingerprints were used 3,755
as authorized by division (C) of this section and that would be a 3,756
felony if committed by an adult, the fingerprints of the child, 3,757
all copies of the fingerprints, and all records of the arrest or 3,758
custody of the child that was the basis of the taking of the 3,759
fingerprints shall be removed from the file and delivered to the 3,760
juvenile court, and, if no complaint, INDICTMENT, OR INFORMATION 3,761
is pending against the child concerning the act for which the 3,764
photographs originally were obtained or taken or concerning an 3,765
act that would be a felony if committed by an adult, the 3,766
photographs and all copies of the photographs, and, if no 3,767
fingerprints were taken at the time the photographs were taken, 3,768
all records of the arrest or custody that was the basis of the 3,769
taking of the photographs shall be removed from the file and
delivered to the juvenile court. In either case, if, at the 3,770
expiration of the applicable additional period, such a complaint, 3,771
INDICTMENT, OR INFORMATION is pending against the child, the 3,773
photographs and copies of the photographs of the child, or the 3,774
fingerprints and copies of the fingerprints of the child, 3,775
whichever is applicable, and the records of the arrest or custody 3,776
of the child may be retained, subject to division (B)(4) of this 3,777
section, until final disposition of the complaint, INDICTMENT, OR 3,778
INFORMATION, and upon final disposition of the complaint, 3,781
INDICTMENT, OR INFORMATION, they shall be removed from the file 3,782
and delivered to the juvenile court, except that, if the child is 3,784
adjudicated a delinquent child for the commission of an act 3,785
86
described in division (B)(3) of this section or is convicted of 3,786
or pleads guilty to a criminal offense for the commission of an 3,787
act described in division (B)(3) of this section, the 3,788
fingerprints and photographs, and the records of the arrest or 3,789
custody of the child that was the basis for the taking of the 3,790
fingerprints and photographs, shall be retained in accordance 3,791
with division (B)(3) of this section. 3,792
(3) If a child is adjudicated a delinquent child for 3,794
violating section 2923.42 of the Revised Code or for committing 3,796
an act that would be a misdemeanor offense of violence if
committed by an adult, or is convicted of or pleads guilty to a 3,798
violation of section 2923.42 of the Revised Code, a misdemeanor 3,800
offense of violence, or a violation of an existing or former 3,801
municipal ordinance or law of this state, another state, or the 3,803
United States that is substantially equivalent to section 2923.42 3,804
of the Revised Code or any misdemeanor offense of violence, both 3,805
of the following apply: 3,806
(a) Originals and copies of fingerprints and photographs 3,808
of the child obtained or taken under division (A)(1) of this 3,809
section, and any records of the arrest or custody that was the 3,810
basis for the taking of the fingerprints or photographs, may be 3,811
retained for the period of time specified by the juvenile judge 3,812
in that judge's grant of consent for the taking of the 3,813
fingerprints or photographs. Upon the expiration of the 3,814
specified period, all originals and copies of the fingerprints, 3,815
photographs, and records shall be delivered to the juvenile court 3,816
or otherwise disposed of in accordance with any instructions 3,817
specified by the juvenile judge in that judge's grant of consent. 3,818
During the period of retention of the photographs and records, 3,819
all originals and copies of them shall be retained in a file 3,820
separate and apart from all photographs taken of adults. During 3,821
the period of retention of the fingerprints, all originals and 3,822
copies of them may be maintained in the files of fingerprints 3,823
taken of adults. If the juvenile judge who grants consent for 3,824
87
the taking of fingerprints and photographs under division (A)(1) 3,825
of this section does not specify a period of retention in that 3,826
judge's grant of consent, originals and copies of the 3,828
fingerprints, photographs, and records may be retained in 3,829
accordance with this section as if the fingerprints and 3,830
photographs had been taken under division (A)(2) of this section. 3,831
(b) Originals and copies of fingerprints and photographs 3,833
taken under division (A)(2) of this section, and any records of 3,834
the arrest or custody that was the basis for the taking of the 3,835
fingerprints or photographs, may be retained for the period of 3,836
time and in the manner specified in division (B)(3)(b) of this 3,838
section. Prior to the child's attainment of eighteen years of 3,839
age, all originals and copies of the photographs and records 3,840
shall be retained and shall be kept in a file separate and apart 3,841
from all photographs taken of adults. During the period of 3,842
retention of the fingerprints, all originals and copies of them 3,843
may be maintained in the files of fingerprints taken of adults. 3,844
Upon the child's attainment of eighteen years of age, all 3,845
originals and copies of the fingerprints, photographs, and 3,846
records shall be disposed of as follows: 3,847
(i) If the juvenile judge issues or previously has issued 3,849
an order that specifies a manner of disposition of the originals 3,850
and copies of the fingerprints, photographs, and records, they 3,851
shall be delivered to the juvenile court or otherwise disposed of 3,852
in accordance with the order. 3,853
(ii) If the juvenile judge does not issue and has not 3,855
previously issued an order that specifies a manner of disposition 3,856
of the originals and copies of the fingerprints not maintained in 3,857
adult files, photographs, and records, the law enforcement 3,858
agency, in its discretion, either shall remove all originals and 3,859
copies of them from the file in which they had been maintained 3,860
and transfer them to the files that are used for the retention of 3,861
fingerprints and photographs taken of adults who are arrested 3,862
for, otherwise taken into custody for, or under investigation for 3,863
88
the commission of a criminal offense or shall remove them from 3,864
the file in which they had been maintained and deliver them to 3,865
the juvenile court. If the originals and copies of any 3,866
fingerprints of a child who attains eighteen years of age are 3,867
maintained in the files of fingerprints taken of adults or if 3,868
pursuant to division (B)(3)(b)(ii) of this section the agency 3,870
transfers the originals and copies of any fingerprints not 3,871
maintained in adult files, photographs, or records to the files 3,872
that are used for the retention of fingerprints and photographs 3,873
taken of adults who are arrested for, otherwise taken into 3,874
custody for, or under investigation for the commission of a 3,875
criminal offense, the originals and copies of the fingerprints, 3,876
photographs, and records may be maintained, used, and released 3,877
after they are maintained in the adult files or after the 3,878
transfer as if the fingerprints and photographs had been taken 3,879
of, and as if the records pertained to, an adult who was arrested 3,880
for, otherwise taken into custody for, or under investigation for 3,881
the commission of a criminal offense. 3,882
(4) If a sealing or expungement order issued under section 3,884
2151.358 of the Revised Code requires the sealing or destruction 3,885
of any fingerprints or photographs of a child obtained or taken 3,886
under division (A)(1) or (2) of this section or of the records of 3,887
an arrest or custody of a child that was the basis of the taking 3,888
of the fingerprints or photographs prior to the expiration of any 3,889
period for which they otherwise could be retained under division 3,890
(B)(1), (2), or (3) of this section, the fingerprints, 3,891
photographs, and arrest or custody records that are subject to 3,892
the order and all copies of the fingerprints, photographs, and 3,893
arrest or custody records shall be sealed or destroyed in 3,894
accordance with the order. 3,895
(5) All fingerprints of a child, photographs of a child, 3,897
records of an arrest or custody of a child, and copies delivered 3,898
to a juvenile court in accordance with division (B)(1), (2), or 3,899
(3) of this section shall be destroyed by the court. 3,900
89
(6)(a) All photographs of a child and records of an arrest 3,902
or custody of a child retained pursuant to division (B) of this 3,903
section and not delivered to a juvenile court shall be kept in a 3,904
file separate and apart from fingerprints, photographs, and 3,905
records of an arrest or custody of an adult. All fingerprints of 3,906
a child retained pursuant to division (B) of this section and not 3,907
delivered to a juvenile court may be maintained in the files of 3,908
fingerprints taken of adults. 3,909
(b) If a child who is the subject of photographs or 3,911
fingerprints is adjudicated a delinquent child for the commission 3,912
of an act that would be an offense, other than a traffic offense 3,914
or a minor misdemeanor, if committed by an adult or is convicted 3,915
of or pleads guilty to a criminal offense, other than a traffic
offense or a minor misdemeanor, all fingerprints not maintained 3,917
in the files of fingerprints taken of adults and all photographs 3,918
of the child, and all records of the arrest or custody of the 3,919
child that is the basis of the taking of the fingerprints or 3,920
photographs, that are retained pursuant to division (B) of this 3,921
section and not delivered to a juvenile court shall be kept in a 3,922
file separate and apart from fingerprints, photographs, and 3,923
arrest and custody records of children who have not been 3,924
adjudicated a delinquent child for the commission of an act that 3,925
would be an offense, other than a traffic offense or a minor 3,926
misdemeanor, if committed by an adult and have not been convicted 3,927
of or pleaded guilty to a criminal offense other than a traffic 3,928
offense or a minor misdemeanor. 3,929
(C) Until they are delivered to the juvenile court or 3,931
sealed, transferred in accordance with division (B)(3)(b) of this 3,932
section, or destroyed pursuant to a sealing or expungement order, 3,933
the originals and copies of fingerprints and photographs of a 3,934
child that are obtained or taken pursuant to division (A)(1) or 3,935
(2) of this section, and the records of the arrest or custody of 3,936
the child that was the basis of the taking of the fingerprints or 3,937
photographs, shall be used or released only as follows: 3,938
90
(1) During the initial thirty-day period of retention, 3,940
originals and copies of fingerprints and photographs of a child, 3,941
and records of the arrest or custody of a child, shall be used, 3,942
prior to the filing of a complaint OR INFORMATION against OR THE 3,943
OBTAINING OF AN INDICTMENT OF the child in relation to the act 3,946
for which the fingerprints and photographs were originally 3,947
obtained or taken, only for the investigation of that act and 3,948
shall be released, prior to the filing of the complaint, only to 3,949
a court that would have jurisdiction of the child's case under 3,950
this chapter. Subsequent to the filing of a complaint OR
INFORMATION OR THE OBTAINING OF AN INDICTMENT, originals and 3,953
copies of fingerprints and photographs of a child, and records of 3,954
the arrest or custody of a child, shall be used or released 3,955
during the initial thirty-day period of retention only as 3,956
provided in division (C)(2)(a), (b), or (c) of this section.
(2) Originals and copies of fingerprints and photographs 3,958
of a child, and records of the arrest or custody of a child, that 3,959
are retained beyond the initial thirty-day period of retention 3,960
subsequent to the filing of a complaint OR INFORMATION OR THE 3,961
OBTAINING OF AN INDICTMENT, a delinquent child adjudication, or a 3,964
conviction of or guilty plea to a criminal offense shall be used 3,965
or released only as follows:
(a) Originals and copies of photographs of a child, and, 3,967
if no fingerprints were taken at the time the photographs were 3,968
taken, records of the arrest or custody of the child that was the 3,969
basis of the taking of the photographs, may be used only as 3,970
follows: 3,971
(i) They may be used for the investigation of the act for 3,973
which they originally were obtained or taken; if the child who is 3,974
the subject of the photographs is a suspect in the investigation, 3,975
for the investigation of any act that would be an offense if 3,976
committed by an adult; and for arresting or bringing the child 3,977
into custody. 3,978
(ii) If the child who is the subject of the photographs is 3,980
91
adjudicated a delinquent child for the commission of an act that 3,981
would be a felony if committed by an adult or is convicted of or 3,982
pleads guilty to a criminal offense that is a felony as a result 3,983
of the arrest or custody that was the basis of the taking of the 3,984
photographs, a law enforcement officer may use the photographs 3,985
for a photo line-up conducted as part of the investigation of any 3,986
act that would be a felony if committed by an adult, whether or 3,987
not the child who is the subject of the photographs is a suspect 3,988
in the investigation. 3,989
(b) Originals and copies of fingerprints of a child, and 3,991
records of the arrest or custody of the child that was the basis 3,992
of the taking of the fingerprints, may be used only for the 3,993
investigation of the act for which they originally were obtained 3,994
or taken; if a child is a suspect in the investigation, for the 3,995
investigation of another act that would be an offense if 3,996
committed by an adult; and for arresting or bringing the child 3,997
into custody. 3,998
(c) Originals and copies of fingerprints, photographs, and 4,000
records of the arrest or custody that was the basis of the taking 4,001
of the fingerprints or photographs shall be released only to the 4,002
following: 4,003
(i) Law enforcement officers of this state or a political 4,005
subdivision of this state, upon notification to the juvenile 4,006
court of the name and address of the law enforcement officer or 4,007
agency to whom or to which they will be released; 4,008
(ii) A court that has jurisdiction of the child's case 4,010
under Chapter CHAPTERS 2151. AND 2152. of the Revised Code or 4,012
subsequent to a transfer of the child's case for criminal 4,013
prosecution pursuant to section 2151.26 2152.12 of the Revised 4,014
Code.
(D) No person shall knowingly do any of the following: 4,016
(1) Fingerprint or photograph a child in the investigation 4,018
of any violation of law other than as provided in division (A)(1) 4,019
or (2) of this section or in sections 109.57, 109.60, and 109.61 4,021
92
of the Revised Code;
(2) Retain fingerprints or photographs of a child obtained 4,023
or taken under division (A)(1) or (2) of this section, copies of 4,024
fingerprints or photographs of that nature, or records of the 4,026
arrest or custody that was the basis of the taking of 4,027
fingerprints or photographs of that nature other than in 4,028
accordance with division (B) of this section; 4,030
(3) Use or release fingerprints or photographs of a child 4,032
obtained or taken under division (A)(1) or (2) of this section, 4,033
copies of fingerprints or photographs of that nature, or records 4,035
of the arrest or custody that was the basis of the taking of 4,036
fingerprints or photographs of that nature other than in 4,037
accordance with division (B) or (C) of this section. 4,038
Sec. 2151.314. (A) When a child is brought before the 4,047
court or delivered to a place of detention or shelter care 4,048
designated by the court, the intake or other authorized officer 4,049
of the court shall immediately make an investigation and shall 4,050
release the child unless it appears that the child's detention or 4,051
shelter care is warranted or required under section 2151.31 of 4,052
the Revised Code. 4,053
If the child is not so released, a complaint under section 4,055
2151.27 OR 2152.021 OR AN INFORMATION UNDER SECTION 2152.13 of 4,057
the Revised Code shall be filed OR AN INDICTMENT UNDER DIVISION 4,058
(C) OF SECTION 2152.13 OF THE REVISED CODE SHALL BE SOUGHT and an
informal detention or shelter care hearing held promptly, not 4,060
later than seventy-two hours after the child is placed in 4,061
detention or shelter care, to determine whether detention or 4,062
shelter care is required. Reasonable oral or written notice of 4,063
the time, place, and purpose of the detention or shelter care 4,064
hearing shall be given to the child and, if they can be found, to 4,065
the child's parents, guardian, or custodian. In cases in which 4,066
the complaint alleges a child to be an abused, neglected, or 4,067
dependent child, the notice given the parents, guardian, or 4,068
custodian shall inform them that a case plan may be prepared for 4,069
93
the child, the general requirements usually contained in case
plans, and the possible consequences of the failure to comply 4,070
with a journalized case plan. 4,071
Prior to the hearing, the court shall inform the parties of 4,074
their right to counsel and to appointed counsel or to the 4,075
services of the county public defender or joint county public
defender, if they are indigent, of the child's right to remain 4,076
silent with respect to any allegation of delinquency, and of the 4,077
name and telephone number of a court employee who can be 4,078
contacted during the normal business hours of the court to 4,079
arrange for the prompt appointment of counsel for any party who 4,080
is indigent. Unless it appears from the hearing that the child's 4,081
detention or shelter care is required under the provisions of 4,082
section 2151.31 of the Revised Code, the court shall order the 4,083
child's release as provided by section 2151.311 of the Revised 4,084
Code. If a parent, guardian, or custodian has not been so 4,085
notified and did not appear or waive appearance at the hearing, 4,086
upon the filing of an affidavit stating these facts, the court 4,087
shall rehear the matter without unnecessary delay. 4,088
(B) When the court conducts a hearing pursuant to division 4,090
(A) of this section, all of the following apply: 4,091
(1) The court shall determine whether an alleged abused, 4,093
neglected, or dependent child should remain or be placed in 4,094
shelter care; 4,095
(2) The court shall determine whether there are any 4,097
relatives of the child who are willing to be temporary custodians 4,099
of the child. If any relative is willing to be a temporary 4,100
custodian, the child would otherwise be placed or retained in 4,101
shelter care, and the appointment is appropriate, the court shall 4,102
appoint the relative as temporary custodian of the child, unless 4,103
the court appoints another relative as temporary custodian. If 4,104
it determines that the appointment of a relative as custodian 4,105
would not be appropriate, it shall issue a written opinion 4,106
setting forth the reasons for its determination and give a copy 4,107
94
of the opinion to all parties and to the guardian ad litem of the 4,108
child.
The court's consideration of a relative for appointment as 4,110
a temporary custodian does not make that relative a party to the 4,111
proceedings. 4,112
(3) The court shall comply with section 2151.419 of the 4,114
Revised Code.
(C) If a child is in shelter care following the filing of 4,116
a complaint pursuant to section 2151.27 OR 2152.021 of the 4,117
Revised Code, THE FILING OF AN INFORMATION, OR THE OBTAINING OF 4,118
AN INDICTMENT or following a hearing held pursuant to division 4,120
(A) of this section, any party, including the public children 4,121
services agency, and the guardian ad litem of the child may file 4,123
a motion with the court requesting that the child be released 4,124
from shelter care. The motion shall state the reasons why the 4,125
child should be released from shelter care and, if a hearing has 4,126
been held pursuant to division (A) of this section, any changes 4,127
in the situation of the child or the parents, guardian, or 4,128
custodian of the child that have occurred since that hearing and 4,129
that justify the release of the child from shelter care. Upon 4,130
the filing of the motion, the court shall hold a hearing in the 4,131
same manner as under division (A) of this section.
(D) Each juvenile court shall designate AT LEAST one court 4,133
employee to assist persons who are indigent in obtaining 4,134
appointed counsel. The court shall include in each notice given 4,135
pursuant to division (A) or (C) of this section and in each 4,136
summons served upon a party pursuant to this chapter, the name 4,137
and telephone number at which the EACH designated employee can be 4,138
contacted during the normal business hours of the court to 4,140
arrange for prompt appointment of counsel for indigent persons. 4,141
Sec. 2151.35. (A) The (1) EXCEPT AS OTHERWISE PROVIDED 4,150
DIVISION (A)(2) OF THIS SECTION OR IN SECTION 2152.13 OF THE 4,152
REVISED CODE, THE juvenile court may conduct its hearings in an 4,153
informal manner and, may adjourn its hearings from time to time. 4,155
95
In the hearing of any case, AND MAY EXCLUDE the general public 4,156
FROM ITS HEARINGS. IF THE COURT EXCLUDES THE GENERAL PUBLIC FROM 4,157
ITS HEARINGS, AFTER A HEARING ON THAT EXCLUSION, THE COURT may be 4,159
excluded and only ADMIT TO A HEARING those persons admitted who 4,160
have a direct interest in the case AND THOSE WHO DEMONSTRATE THAT 4,161
THEIR NEED FOR ACCESS OUTWEIGHS THE INTEREST IN KEEPING THE 4,162
HEARING CLOSED.
All EXCEPT AS OTHERWISE PROVIDED IN SECTION 2152.13 OF THE 4,164
REVISED CODE, ALL cases involving children shall be heard 4,165
separately and apart from the trial of cases against adults. The 4,166
court may excuse the attendance of the child at the hearing in 4,167
cases involving abused, neglected, or dependent children. The 4,168
court shall hear and determine all cases of children without a 4,169
jury, EXCEPT CASES INVOLVING ALLEGED SERIOUS YOUTHFUL OFFENDERS 4,170
UNDER SECTION 2152.13 OF THE REVISED CODE. 4,171
If the court at the adjudicatory hearing finds from clear 4,173
and convincing evidence that the child is an abused, neglected, 4,174
or dependent child, the court shall proceed, in accordance with 4,175
division (B) of this section, to hold a dispositional hearing and 4,176
hear the evidence as to the proper disposition to be made under 4,177
section 2151.353 of the Revised Code. If the court at the 4,178
adjudicatory hearing finds beyond a reasonable doubt that the 4,179
child is a delinquent or unruly child or a juvenile traffic 4,180
offender, the court shall proceed immediately, or at a postponed 4,181
hearing, to hear the evidence as to the proper disposition to be 4,182
made under sections 2151.352 to 2151.355 SECTION 2151.354 OR 4,184
CHAPTER 2152. of the Revised Code. If the court does not find 4,185
the child to be an abused, neglected, dependent, delinquent, or 4,186
unruly child or a juvenile traffic offender, it shall order that 4,187
the complaint CASE be dismissed and that the child be discharged 4,189
from any detention or restriction theretofore ordered. 4,190
A record of all testimony and other oral proceedings in 4,192
juvenile court shall be made in all proceedings that are held 4,193
pursuant to section 2151.414 of the Revised Code or in which an 4,194
96
order of disposition may be made pursuant to division (A)(4) of 4,195
section 2151.353 of the Revised Code, and shall be made upon 4,196
request in any other proceedings. The record shall be made as 4,197
provided in section 2301.20 of the Revised Code. 4,198
(2) THE AUTHORITY OF A JUVENILE COURT TO EXCLUDE THE 4,200
GENERAL PUBLIC FROM ITS HEARINGS THAT IS PROVIDED BY DIVISION 4,201
(A)(1) OF THIS SECTION DOES NOT LIMIT OR AFFECT ANY RIGHT OF A 4,202
VICTIM OF A CRIME OR DELINQUENT ACT, OR OF A VICTIM'S 4,204
REPRESENTATIVE, UNDER CHAPTER 2930. OF THE REVISED CODE. 4,205
(B)(1) If the court at an adjudicatory hearing determines 4,207
that a child is an abused, neglected, or dependent child, the 4,208
court shall not issue a dispositional order until after the court 4,209
holds a separate dispositional hearing. The court may hold the 4,210
dispositional hearing for an adjudicated abused, neglected, or 4,212
dependent child immediately after the adjudicatory hearing if all 4,214
parties were served prior to the adjudicatory hearing with all 4,215
documents required for the dispositional hearing. The 4,216
dispositional hearing may not be held more than thirty days after 4,217
the adjudicatory hearing is held. The court, upon the request of 4,218
any party or the guardian ad litem of the child, may continue a 4,219
dispositional hearing for a reasonable time not to exceed the 4,220
time limits set forth in this division to enable a party to 4,221
obtain or consult counsel. The dispositional hearing shall not 4,222
be held more than ninety days after the date on which the 4,223
complaint in the case was filed. 4,224
If the dispositional hearing is not held within the period 4,226
of time required by this division, the court, on its own motion 4,227
or the motion of any party or the guardian ad litem of the child, 4,228
shall dismiss the complaint without prejudice. 4,229
(2) The dispositional hearing shall be conducted in 4,231
accordance with all of the following: 4,232
(a) The judge or referee who presided at the adjudicatory 4,234
hearing shall preside, if possible, at the dispositional hearing; 4,235
(b) The court may admit any evidence that is material and 4,237
97
relevant, including, but not limited to, hearsay, opinion, and 4,238
documentary evidence; 4,239
(c) Medical examiners and each investigator who prepared a 4,241
social history shall not be cross-examined, except upon consent 4,242
of the parties, for good cause shown, or as the court in its 4,243
discretion may direct. Any party may offer evidence 4,244
supplementing, explaining, or disputing any information contained 4,245
in the social history or other reports that may be used by the 4,246
court in determining disposition. 4,247
(3) After the conclusion of the dispositional hearing, the 4,249
court shall enter an appropriate judgment within seven days and 4,250
shall schedule the date for the hearing to be held pursuant to 4,251
section 2151.415 of the Revised Code. The court may make any 4,252
order of disposition that is set forth in section 2151.353 of the 4,253
Revised Code. A copy of the judgment shall be given to each 4,254
party and to the child's guardian ad litem. If the judgment is 4,255
conditional, the order shall state the conditions of the 4,256
judgment. If the child is not returned to the child's own home, 4,258
the court shall determine which school district shall bear the 4,259
cost of the child's education and shall comply with section 4,261
2151.36 of the Revised Code.
(4) As part of its dispositional order, the court may 4,263
issue any order described in division (B) of section 2151.33 of 4,264
the Revised Code. 4,265
(C) The court shall give all parties to the action and the 4,267
child's guardian ad litem notice of the adjudicatory and 4,268
dispositional hearings in accordance with the Juvenile Rules. 4,269
(D) If the court issues an order pursuant to division 4,271
(A)(4) of section 2151.353 of the Revised Code committing a child 4,272
to the permanent custody of a public children services agency or 4,273
a private child placing agency, the parents of the child whose 4,274
parental rights were terminated cease to be parties to the action 4,275
upon the issuance of the order. This division is not intended to 4,276
eliminate or restrict any right of the parents to appeal the 4,277
98
permanent custody order issued pursuant to division (A)(4) of 4,278
section 2151.353 of the Revised Code. 4,279
(E) Each juvenile court shall schedule its hearings in 4,281
accordance with the time requirements of this chapter. 4,282
(F) In cases regarding abused, neglected, or dependent 4,284
children, the court may admit any statement of a child that the 4,285
court determines to be excluded by the hearsay rule if the 4,286
proponent of the statement informs the adverse party of the 4,287
proponent's intention to offer the statement and of the 4,289
particulars of the statement, including the name of the 4,290
declarant, sufficiently in advance of the hearing to provide the 4,291
party with a fair opportunity to prepare to challenge, respond 4,292
to, or defend against the statement, and the court determines all 4,293
of the following: 4,294
(1) The statement has circumstantial guarantees of 4,296
trustworthiness; 4,297
(2) The statement is offered as evidence of a material 4,299
fact; 4,300
(3) The statement is more probative on the point for which 4,302
it is offered than any other evidence that the proponent can 4,303
procure through reasonable efforts; 4,304
(4) The general purposes of the evidence rules and the 4,306
interests of justice will best be served by the admission of the 4,307
statement into evidence. 4,308
(G) If a child is alleged to be an abused child, the court 4,310
may order that the testimony of the child be taken by deposition. 4,311
On motion of the prosecuting attorney, guardian ad litem, or any 4,312
party, or in its own discretion, the court may order that the 4,313
deposition be videotaped. Any deposition taken under this 4,314
division shall be taken with a judge or referee present. 4,315
If a deposition taken under this division is intended to be 4,317
offered as evidence at the hearing, it shall be filed with the 4,318
court. Part or all of the deposition is admissible in evidence 4,319
if counsel for all parties had an opportunity and similar motive 4,320
99
at the time of the taking of the deposition to develop the 4,321
testimony by direct, cross, or redirect examination and the judge 4,322
determines that there is reasonable cause to believe that if the 4,323
child were to testify in person at the hearing, the child would 4,324
experience emotional trauma as a result of participating at the 4,327
hearing.
Sec. 2151.352. A EXCEPT AS OTHERWISE PROVIDED IN THIS 4,336
SECTION, A child, his OR THE CHILD'S parents, custodian, or other 4,338
person in loco parentis of such child is entitled to 4,339
representation by legal counsel at all stages of the proceedings 4,340
UNDER THIS CHAPTER OR CHAPTER 2152. OF THE REVISED CODE and if, 4,341
as an indigent person, he ANY SUCH PERSON is unable to employ 4,343
counsel, to have counsel provided for him THE PERSON pursuant to 4,344
Chapter 120. of the Revised Code. If a party appears without 4,346
counsel, the court shall ascertain whether he THE PARTY knows of 4,347
his THE PARTY'S right to counsel and of his THE PARTY'S right to 4,349
be provided with counsel if he THE PARTY is an indigent person. 4,351
The court may continue the case to enable a party to obtain 4,352
counsel or to be represented by the county public defender or the 4,353
joint county public defender and shall provide counsel upon 4,354
request pursuant to Chapter 120. of the Revised Code. Counsel 4,355
must be provided for a child not represented by his THE CHILD'S 4,356
parent, guardian, or custodian. If the interests of two or more 4,357
such parties conflict, separate counsel shall be provided for 4,358
each of them. THE RIGHT TO REPRESENTATION BY LEGAL COUNSEL THAT 4,359
IS DESCRIBED IN THIS SECTION DOES NOT APPLY IN ANY PROCEEDING 4,360
INVOLVING A CHILD WHO IS ALLEGED TO BE A DELINQUENT CHILD OR A 4,361
JUVENILE TRAFFIC OFFENDER FOR COMMITTING AN ACT THAT WOULD BE A 4,362
MINOR MISDEMEANOR IF COMMITTED BY AN ADULT.
Section 2935.14 of the Revised Code applies to any child 4,364
taken into custody. The parents, custodian, or guardian of such 4,365
child, and any attorney at law representing them or the child, 4,366
shall be entitled to visit such child at any reasonable time, be 4,367
present at any hearing involving the child, and be given 4,368
100
reasonable notice of such hearing. 4,369
Any report or part thereof concerning such child, which is 4,371
used in the hearing and is pertinent thereto, shall for good 4,372
cause shown be made available to any attorney at law representing 4,373
such child and to any attorney at law representing the parents, 4,374
custodian, or guardian of such child, upon written request prior 4,375
to any hearing involving such child. 4,376
Sec. 2151.354. (A) If the child is adjudicated an unruly 4,385
child, the court may: 4,386
(1) Make any of the dispositions authorized under section 4,388
2151.353 of the Revised Code; 4,389
(2) Place the child on probation COMMUNITY CONTROL under 4,391
any SANCTIONS, SERVICES, AND conditions that the court 4,393
prescribes, AS DESCRIBED IN DIVISION (A)(3) OF SECTION 2152.19 OF 4,394
THE REVISED CODE;
(3) Suspend or revoke the driver's license, probationary 4,396
driver's license, or temporary instruction permit issued to the 4,397
child and suspend or revoke the registration of all motor 4,398
vehicles registered in the name of the child. A child whose 4,400
license or permit is so suspended or revoked is ineligible for 4,401
issuance of a license or permit during the period of suspension 4,402
or revocation. At the end of the period of suspension or
revocation, the child shall not be reissued a license or permit 4,403
until the child has paid any applicable reinstatement fee and 4,404
complied with all requirements governing license reinstatement. 4,405
(4) Commit the child to the temporary or permanent custody 4,407
of the court;
(5) If, after making a disposition under division (A)(1), 4,409
(2), or (3) of this section, the court finds upon further hearing 4,410
that the child is not amenable to treatment or rehabilitation 4,411
under that disposition, make a disposition otherwise authorized 4,412
under divisions (A)(1), (2)(3), (4), and (A)(7) to (11)(5) of 4,414
section 2151.355 2152.19 of the Revised Code, except that the 4,415
child may not be committed to or placed in a secure correctional 4,417
101
facility, and commitment to or placement in a detention home 4,418
FACILITY may not exceed twenty-four hours unless authorized by 4,420
division (C)(B)(3) of section 2151.312 or sections 2151.56 to 4,422
2151.61 of the Revised Code.
(B) If a child is adjudicated an unruly child for 4,424
committing any act that, if committed by an adult, would be a 4,425
drug abuse offense, as defined in section 2925.01 of the Revised 4,426
Code, or a violation of division (B) of section 2917.11 of the 4,427
Revised Code, then, in addition to imposing, in its discretion, 4,428
any other order of disposition authorized by this section, the 4,429
court shall do both of the following: 4,430
(1) Require the child to participate in a drug abuse or 4,432
alcohol abuse counseling program; 4,433
(2) Suspend or revoke the temporary instruction permit, 4,435
probationary driver's license, or driver's license issued to the 4,437
child for a period of time prescribed by the court or, at the 4,438
discretion of the court, until the child attends and 4,439
satisfactorily completes a drug abuse or alcohol abuse education, 4,440
intervention, or treatment program specified by the court. 4,441
During the time the child is attending the program, the court 4,442
shall retain any temporary instruction permit, probationary 4,443
driver's license, or driver's license issued to the child and 4,444
shall return the permit or license when the child satisfactorily 4,445
completes the program. 4,446
Sec. 2151.357. In the manner prescribed by division (C)(2) 4,455
of section 3313.64 of the Revised Code, the court, at the time of 4,457
making any order that removes a child from the child's own home 4,458
or that vests legal or permanent custody of the child in a person
other than the child's parent or a government agency, shall 4,460
determine the school district that is to bear the cost of 4,462
educating the child. The court shall make the determination a 4,464
part of the order that provides for the child's placement or 4,465
commitment.
Whenever a child is placed in a detention home FACILITY 4,467
102
established under section 2151.34 2152.41 of the Revised Code or 4,469
a juvenile facility established under section 2151.65 of the 4,471
Revised Code, the child's school district as determined by the 4,472
court shall pay the cost of educating the child based on the per 4,473
capita cost of the educational facility within the detention home 4,474
or juvenile facility.
Whenever a child is placed by the court in a private 4,476
institution, school, or residential treatment center or any other 4,478
private facility, the state shall pay to the court a subsidy to 4,479
help defray the expense of educating the child in an amount equal 4,480
to the product of the daily per capita educational cost of the 4,481
private facility, as determined pursuant to this section, and the 4,483
number of days the child resides at the private facility, 4,484
provided that the subsidy shall not exceed twenty-five hundred 4,486
dollars per year per child. The daily per capita educational
cost of a private facility shall be determined by dividing the 4,487
actual program cost of the private facility or twenty-five 4,488
hundred dollars, whichever is less, by three hundred sixty-five 4,489
days or by three hundred sixty-six days for years that include 4,490
February twenty-ninth. The state shall pay seventy-five per cent 4,491
of the total subsidy for each year quarterly to the court. The 4,492
state may adjust the remaining twenty-five per cent of the total 4,494
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 4,495
year based upon the availability of funds appropriated to the 4,496
department of education for the purpose of subsidizing courts 4,497
that place a child in a private institution, school, or 4,498
residential treatment center or any other private facility and
shall pay that adjusted amount to the court at the end of the 4,499
year.
Sec. 2151.358. (A) As used in this section, "seal a 4,514
record" means to remove a record from the main file of similar 4,515
records and to secure it in a separate file that contains only 4,516
sealed records and that is accessible only to the juvenile court. 4,517
103
A record that is sealed shall be destroyed by all persons and 4,518
governmental bodies except the juvenile court. 4,519
(B) The department of youth services and any other 4,521
institution or facility that unconditionally discharges a person 4,522
who has been adjudicated a delinquent child, an unruly child, or 4,524
a juvenile traffic offender shall immediately give notice of the 4,525
discharge to the court that committed the person. The court 4,526
shall note the date of discharge on a separate record of 4,527
discharges of those natures.
(C)(1) Two years after the termination of any order made 4,529
by the court or two years after the unconditional discharge of a 4,530
person from the department of youth services or another 4,531
institution or facility to which the person may have been 4,533
committed, the court that issued the order or committed the 4,534
person shall do one of the following: 4,535
(a) If the person was adjudicated an unruly child, order 4,537
the record of the person sealed; 4,538
(b) If the person was adjudicated a delinquent child or a 4,541
juvenile traffic offender, either order the record of the person 4,542
sealed or send the person notice of the person's right to have 4,543
the that record sealed. 4,544
(2) The court shall send the notice described in division 4,546
(C)(1)(b) of this section within ninety days after the expiration 4,548
of the two-year period described in division (C)(1) of this 4,549
section by certified mail, return receipt requested, to the the 4,551
person's last known address. The notice shall state that the 4,552
person may apply to the court for an order to seal the person's
record, explain what sealing a record means, and explain the 4,553
possible consequences of not having the person's record sealed. 4,554
(D) At any time after the two-year period described in 4,556
division (C)(1) of this section has elapsed, any person who has 4,558
been adjudicated a delinquent child or a juvenile traffic 4,559
offender may apply to the court for an order to seal the person's 4,560
record. The court shall hold a hearing on each application 4,562
104
within sixty days after the application is received. Notice of 4,563
the hearing on the application shall be given to the prosecuting 4,564
attorney and to any other public office or agency known to have a 4,565
record of the prior adjudication. If the court finds that the 4,566
rehabilitation of the person who was adjudicated a delinquent 4,567
child or a juvenile traffic offender has been attained to a 4,569
satisfactory degree, the court may order the record of the person 4,570
sealed.
(E) If the court orders the adjudication record of a 4,572
person sealed pursuant to division (C) or (D) of this section, 4,573
the court shall order that the proceedings in the case in which 4,574
the person was adjudicated a juvenile traffic offender, a 4,575
delinquent child, or an unruly child be deemed never to have 4,577
occurred. All index references to the case and the person shall 4,578
be deleted, and the person and the court properly may reply that 4,579
no record exists with respect to the person upon any inquiry in 4,581
the matter. Inspection of records that have been ordered sealed 4,582
may be permitted by the court only upon application by the person 4,583
who is the subject of the sealed records and only by the persons 4,584
that are named in the that application. 4,585
(F) Any person who has been arrested and charged with 4,587
being a delinquent child or a juvenile traffic offender and who 4,588
is adjudicated not guilty of the charges in the case or has the 4,590
charges in the case dismissed may apply to the court for an 4,591
expungement of the record in the case. The application may be 4,593
filed at any time after the person is adjudicated not guilty or
the charges against the person are dismissed. The court shall 4,594
give notice to the prosecuting attorney of any hearing on the 4,595
application. The court may initiate the expungement proceedings 4,596
on its own motion. 4,597
Any person who has been arrested and charged with being an 4,599
UNRULY CHILD and who is adjudicated not guilty of the charges in 4,601
the case or has the charges in the case dismissed may apply to 4,602
the court for an expungement of the record in the case. The 4,603
105
court shall initiate the expungement proceedings on its own 4,605
motion if an application for expungement is not filed.
If the court upon receipt of an application for expungement 4,607
or upon its own motion determines that the charges against any 4,608
person in any case were dismissed or that any person was 4,609
adjudicated not guilty in any case, the court shall order that 4,610
the records of the case be expunged and that the proceedings in 4,611
the case be deemed never to have occurred. If the applicant for 4,612
the expungement order, with the written consent of the 4,613
applicant's parents or guardian if the applicant is a minor and 4,615
with the written approval of the court, waives in writing the 4,617
applicant's right to bring any civil action based on the arrest 4,619
for which the expungement order is applied, the court shall order 4,620
the appropriate persons and governmental agencies to delete all 4,621
index references to the case; destroy or delete all court records 4,622
of the case; destroy all copies of any pictures and fingerprints 4,623
taken of the person pursuant to the expunged arrest; and destroy, 4,624
erase, or delete any reference to the arrest that is maintained 4,625
by the state or any political subdivision of the state, except a 4,626
record of the arrest that is maintained for compiling statistical 4,627
data and that does not contain any reference to the person. 4,628
If the applicant for an expungement order does not waive in 4,630
writing the right to bring any civil action based on the arrest 4,631
for which the expungement order is applied, the court, in 4,632
addition to ordering the deletion, destruction, or erasure of all 4,633
index references and court records of the case and of all 4,634
references to the arrest that are maintained by the state or any 4,635
political subdivision of the state, shall order that a copy of 4,636
all records of the case, except fingerprints held by the court or 4,637
a law enforcement agency, be delivered to the court. The court 4,638
shall seal all of the records delivered to the court in a 4,639
separate file in which only sealed records are maintained. The 4,640
sealed records shall be kept by the court until the statute of 4,641
limitations expires for any civil action based on the arrest, any 4,642
106
pending litigation based on the arrest is terminated, or the 4,643
applicant files a written waiver of the right to bring a civil 4,644
action based on the arrest. After the expiration of the statute 4,645
of limitations, the termination of the pending litigation, or the 4,646
filing of the waiver, the court shall destroy the sealed records. 4,647
After the expungement order has been issued, the court 4,649
shall, and the person may properly, reply that no record of the 4,650
case with respect to the person exists. 4,651
(G) The court shall send notice of the order to expunge or 4,653
seal to any public office or agency that the court has reason to 4,654
believe may have a record of the expunged or sealed record. 4,655
Except as provided in division (K) of this section, an order to 4,656
seal or expunge under this section applies to every public office 4,657
or agency that has a record of the prior adjudication or arrest, 4,658
regardless of whether it receives notice of the hearing on the 4,659
expungement or sealing of the record or a copy of the order to 4,660
expunge or seal the record. Except as provided in division (K) 4,661
of this section, upon the written request of a person whose 4,662
record has been expunged or sealed and the presentation of a copy 4,663
of the order to expunge or seal, a public office or agency shall 4,664
destroy its record of the prior adjudication or arrest, except a 4,665
record of the adjudication or arrest that is maintained for 4,666
compiling statistical data and that does not contain any 4,667
reference to the person who is the subject of the order to 4,668
expunge or seal. 4,669
(H) The judgment rendered by the court under this chapter 4,671
shall not impose any of the civil disabilities ordinarily imposed 4,672
by conviction of a crime in that the child is not a criminal by 4,673
reason of the adjudication. No child and no shall be charged 4,675
with or convicted of a crime in any court except as provided by 4,676
this chapter. The disposition of a child under the judgment 4,677
rendered or any evidence given in court shall not operate to 4,678
disqualify a child in any future civil service examination, 4,679
appointment, or application. Evidence of a judgment rendered and 4,680
107
the disposition of a child under the judgment is not admissible 4,681
to impeach the credibility of the child in any action or 4,683
proceeding. Otherwise, the disposition of a child under the 4,684
judgment rendered or any evidence given in court is admissible as 4,685
evidence for or against the child in any action or proceeding in 4,686
any court in accordance with the Rules of Evidence and also may 4,687
be considered by any court as to the matter of sentence or to the 4,688
granting of probation, and a court may consider the judgment 4,689
rendered and the disposition of a child under that judgment for 4,690
purposes of determining whether the child, for a future criminal 4,691
conviction or guilty plea, is a repeat violent offender, as 4,692
defined in section 2929.01 of the Revised Code.
(I) In any application for employment, license, or other 4,694
right or privilege, any appearance as a witness, or any other 4,695
inquiry, a person may not be questioned with respect to any 4,696
arrest for which the records were expunged. If an inquiry is 4,697
made in violation of this division, the person may respond as if 4,698
the expunged arrest did not occur, and the person shall not be 4,699
subject to any adverse action because of the arrest or the 4,700
response. 4,701
(J) An officer or employee of the state or any of its 4,703
political subdivisions who knowingly releases, disseminates, or 4,704
makes available for any purpose involving employment, bonding, 4,705
licensing, or education to any person or to any department, 4,706
agency, or other instrumentality of the state or of any of its 4,707
political subdivisions any information or other data concerning 4,708
any arrest, complaint, INDICTMENT, INFORMATION, trial, hearing, 4,709
adjudication, or correctional supervision, the records of which 4,712
have been expunged or sealed pursuant to this section, is guilty 4,713
of divulging confidential information, a misdemeanor of the 4,714
fourth degree.
(K) Notwithstanding any provision of this section that 4,716
requires otherwise, a board of education of a city, local, 4,717
exempted village, or joint vocational school district that 4,718
108
maintains records of an individual who has been permanently 4,719
excluded under sections 3301.121 and 3313.662 of the Revised Code 4,720
is permitted to maintain records regarding an adjudication that 4,721
the individual is a delinquent child that was used as the basis 4,722
for the individual's permanent exclusion, regardless of a court 4,723
order to seal the record. An order issued under this section to 4,724
seal the record of an adjudication that an individual is a 4,725
delinquent child does not revoke the adjudication order of the 4,726
superintendent of public instruction to permanently exclude the 4,727
individual who is the subject of the sealing order. An order 4,728
issued under this section to seal the record of an adjudication 4,729
that an individual is a delinquent child may be presented to a 4,730
district superintendent as evidence to support the contention 4,731
that the superintendent should recommend that the permanent 4,732
exclusion of the individual who is the subject of the sealing 4,733
order be revoked. Except as otherwise authorized by this 4,734
division and sections 3301.121 and 3313.662 of the Revised Code, 4,735
any school employee in possession of or having access to the 4,736
sealed adjudication records of an individual that were the basis 4,737
of a permanent exclusion of the individual is subject to division 4,738
(J) of this section. 4,739
Sec. 2151.359. (A) In any proceeding wherein IN WHICH a 4,749
child has been adjudged delinquent, ADJUDICATED AN unruly, 4,750
abused, neglected, or dependent CHILD, on the application of a 4,752
party, or the court's own motion, the court may make an order 4,753
restraining or otherwise controlling the conduct of any parent, 4,754
guardian, or other custodian in the relationship of such THE 4,755
individual to the child if the court finds that such an order OF 4,757
THAT TYPE is necessary to DO EITHER OF THE FOLLOWING: 4,758
(A)(1) Control any conduct or relationship that will be 4,760
detrimental or harmful to the child; 4,761
(B) Where such (2) CONTROL ANY conduct or relationship 4,764
THAT will tend to defeat the execution of the order of 4,765
disposition made or to be made.
109
(B) Due notice of the application or motion and the 4,767
grounds therefor FOR THE APPLICATION OR MOTION UNDER DIVISION (A) 4,768
OF THIS SECTION, and an opportunity to be heard, shall be given 4,769
to the person against whom such THE order UNDER THAT DIVISION is 4,771
directed. THE ORDER MAY INCLUDE A REQUIREMENT THAT THE CHILD'S 4,774
PARENT, GUARDIAN, OR OTHER CUSTODIAN ENTER INTO A RECOGNIZANCE
WITH SUFFICIENT SURETY, CONDITIONED UPON THE FAITHFUL DISCHARGE 4,775
OF ANY CONDITIONS OR CONTROL REQUIRED BY THE COURT. 4,776
(C) A PERSON'S FAILURE TO COMPLY WITH ANY ORDER MADE BY 4,778
THE COURT UNDER THIS SECTION IS CONTEMPT OF COURT UNDER CHAPTER 4,779
2705. OF THE REVISED CODE.
Sec. 2151.3510. Before a juvenile court issues an order of 4,788
disposition pursuant to division (A)(1) of section 2151.354 or 4,789
2151.355 2152.19 of the Revised Code committing an unruly or 4,790
delinquent child to the custody of a public children services 4,793
agency, it shall give the agency notice in the manner prescribed 4,794
by the Juvenile Rules of the intended dispositional order. 4,795
Sec. 2151.36. When a child has been committed as provided 4,804
by this chapter OR CHAPTER 2152. OF THE REVISED CODE, the 4,805
juvenile court shall issue an order pursuant to sections 3113.21 4,806
to 3113.219 of the Revised Code requiring that the parent, 4,807
guardian, or person charged with the child's support pay for the 4,808
care, support, maintenance, and education of the child. The 4,810
juvenile court shall order that the parents, guardian, or person 4,811
pay for the expenses involved in providing orthopedic, medical, 4,813
or surgical treatment for, or for special care of, the child, 4,814
enter a judgment for the amount due, and enforce the judgment by 4,815
execution as in the court of common pleas.
Any expenses incurred for the care, support, maintenance, 4,817
education, orthopedic, medical, or surgical treatment, and 4,819
special care of a child who has a legal settlement in another 4,820
county shall be at the expense of the county of legal settlement 4,821
if the consent of the juvenile judge of the county of legal 4,822
settlement is first obtained. When the consent is obtained, the 4,823
110
board of county commissioners of the county in which the child 4,824
has a legal settlement shall reimburse the committing court for 4,825
the expenses out of its general fund. If the department of job 4,826
and family services considers it to be in the best interest of 4,828
any delinquent, dependent, unruly, abused, or neglected child who 4,829
has a legal settlement in a foreign state or country that the 4,830
child be returned to the state or country of legal settlement, 4,831
the juvenile court may commit the child to the department for the 4,832
child's return to that state or country. 4,833
Any expenses ordered by the court for the care, support, 4,836
maintenance, education, orthopedic, medical, or surgical
treatment, or special care of a dependent, neglected, abused, 4,838
unruly, or delinquent child or of a juvenile traffic offender
under this chapter OR CHAPTER 2152. OF THE REVISED CODE, except 4,840
the part of the expense that may be paid by the state or federal 4,842
government or paid by the parents, guardians, or person charged
with the child's support pursuant to this section, shall be paid 4,843
from the county treasury upon specifically itemized vouchers, 4,845
certified to by the judge. The court shall not be responsible 4,846
for any expenses resulting from the commitment of children to any 4,848
home, public children services agency, private child placing 4,849
agency, or other institution, association, or agency, unless the 4,850
court authorized the expenses at the time of commitment. 4,852
Sec. 2151.38. (A) When a child is committed to the legal 4,861
custody of the department of youth services, the jurisdiction of 4,862
the juvenile court with respect to the child so committed shall 4,863
cease and terminate at the time of commitment, except as provided 4,864
in divisions (B), (C), and (G) of this section. Subject to 4,866
divisions (B) and (C) of this section, sections 2151.353 and 4,867
2151.411 2151.412 to 2151.421 of the Revised Code, and any other 4,868
provision of law that specifies a different duration for a 4,870
dispositional order, all other dispositional orders made by the 4,872
court UNDER THIS CHAPTER shall be temporary and shall continue 4,873
for a period that is designated by the court in its order, until 4,874
111
terminated or modified by the court or until the child attains 4,875
twenty-one years of age.
The release authority of the department shall not release 4,878
the child from institutional care or institutional care in a 4,879
secure facility and as a result shall not discharge the child or 4,881
order the child's release on supervised release prior to the 4,882
expiration of the prescribed minimum period of 4,884
institutionalization or institutionalization in a secure facility 4,885
or prior to the child's attainment of twenty-one years of age, 4,887
whichever is applicable under the order of commitment, except
upon the order of a court pursuant to division (B) or (C) of this 4,891
section or in accordance with section 5139.54 of the Revised 4,893
Code. 4,894
(B)(1) If the department of youth services desires to 4,896
release a child during the first half of the prescribed minimum 4,897
term for which the child was committed to the department or, if 4,898
the child was committed to the department until the child attains 4,900
twenty-one years of age, during the first half of the prescribed 4,901
period of commitment that begins on the first day of commitment 4,902
and ends on the child's twenty-first birthday, it shall request 4,904
the court that committed the child to the department for a
judicial release of the child from institutional care or 4,905
institutional care in a secure facility. During the first half 4,907
of that prescribed minimum term or of that prescribed period of
commitment, whichever of those periods is applicable, the child 4,908
or the parents of the child also may request that court to grant 4,909
a judicial release of the child from institutional care or 4,910
institutional care in a secure facility. Upon receipt of a 4,911
request for a judicial release from the department, the child, or 4,912
the child's parent or upon its own motion, the court that 4,913
committed the child shall approve the judicial release from 4,914
institutional care or institutional care in a secure facility by 4,915
journal entry, shall schedule within twenty days after the 4,916
request is received a time for a hearing on whether the child is 4,917
112
to be released under a judicial release, or shall reject the 4,918
request by journal entry without conducting a hearing. If the 4,920
court rejects an initial request for a judicial release by the 4,921
child or the child's parent, the child or the child's parent may 4,922
make one additional request for a judicial release within the 4,924
first half of the applicable prescribed minimum term or 4,925
prescribed period of commitment. The child or the child's parent 4,926
may make the additional request no earlier than thirty days after 4,927
the filing of the prior request for a judicial release. Upon the 4,928
filing by the child or the child's parent of a second request for 4,930
a judicial release, the court shall either approve or disapprove
the judicial release by journal entry or schedule within twenty 4,933
days after the request is received a time for a hearing on
whether the child is to be released under a judicial release. 4,934
(2) If a court schedules a hearing under division (B)(1) 4,938
of this section to determine whether a child should be granted a 4,939
judicial release, the court shall give notice of the hearing to 4,940
the prosecutor involved in the case. In accordance with section 4,941
2930.16 of the Revised Code and if the victim has requested 4,944
notification, the prosecutor shall give notice of the hearing to 4,945
the victim of the delinquent act for which the child's commitment 4,946
to the legal custody of the department was imposed. The court 4,947
may order the department to deliver the child to the court on the 4,948
date set for the hearing and may order the department to present 4,949
to the court a report on the child's progress in the institution 4,950
to which the child was committed and recommendations for terms 4,951
and conditions of supervision of the child by the court after 4,953
release. The court may conduct the hearing without the child
being present. The court shall consider any statement of a 4,954
victim made pursuant to section 2930.14 or 2930.17 of the Revised 4,956
Code and any victim impact statement prepared pursuant to section 4,958
2151.355 of the Revised Code. The court shall determine at the 4,960
hearing whether the child should be granted a judicial release 4,961
from institutionalization or institutionalization in a secure 4,962
113
facility. After making a determination, the court shall notify 4,963
the victim of the determination in accordance with sections 4,964
2930.03 and 2930.16 of the Revised Code. If the court approves 4,967
the judicial release, the court shall order its staff to prepare 4,968
a written treatment and rehabilitation plan for the child that 4,969
may include any terms and conditions of the child's release that 4,970
were recommended by the department and approved by the court.
The committing court shall send the juvenile court of the county 4,972
in which the child is placed a copy of the recommended plan and 4,973
the terms and conditions set by the committing court. The court 4,974
of the county in which the child is placed may adopt the 4,975
recommended terms and conditions set by the committing court as 4,976
an order of the court and may add any additional consistent terms 4,977
and conditions it considers appropriate. If a child is granted a 4,978
judicial release, the judicial release discharges the child from 4,979
the custody of the department of youth services. 4,980
(C)(1) If a child is committed to the department of youth 4,982
services and has been in institutional care or institutional care 4,983
in a secure facility for more than one-half of the prescribed 4,984
minimum term for which the child was committed or, if the child 4,985
was committed to the department until the child attains 4,986
twenty-one years of age, for more than one-half of the prescribed 4,987
period of commitment that begins on the first day of commitment 4,988
and ends on the child's twenty-first birthday, if the prescribed 4,989
minimum period of institutionalization or other statutorily 4,991
required period of institutionalization has not expired, and if 4,992
the department of youth services desires to release the child 4,994
from institutional care or institutional care in a secure 4,995
facility, it shall request the court that committed the child for 4,996
an early release from institutional care or institutional care in 4,997
a secure facility.
During the applicable period commencing upon the expiration 4,999
of the first half of that prescribed minimum term or prescribed 5,001
period of commitment and ending upon the expiration of the 5,003
114
required minimum or other period of institutionalization or 5,004
institutionalization in a secure facility, the child or the 5,006
child's parent also may request the court that committed the 5,007
child to grant an early release. Upon the receipt of a request 5,008
from the department, the child, or the child's parent or upon its 5,009
own motion at any time during that period, the court shall 5,010
approve the early release by journal entry, shall schedule a time 5,011
within thirty days after receipt of the request for a hearing on 5,012
whether the child is to be released, or shall reject the request 5,014
by journal entry without conducting a hearing. If the court 5,015
rejects an initial request for early release by the child or the 5,016
child's parents, within the period prescribed in division (C)(1) 5,017
of this section, the child or the child's parent may make one or 5,018
more subsequent requests for early release but may make no more 5,019
than one request for early release during each period of ninety 5,020
days that the child is institutionalized or institutionalized in 5,021
a secure facility after the filing of a prior request for early 5,022
release. Upon the filing of a request for early release 5,023
subsequent to an initial request, the court shall either approve 5,024
or disapprove the early release by journal entry or schedule a 5,025
time within thirty days after receipt of the request for a 5,026
hearing on whether the child is to be released. 5,027
(2) If a court schedules a hearing under division (C)(1) 5,030
of this section to determine whether a child committed to the 5,031
department should be granted an early release, the court shall 5,032
give notice of the hearing to the prosecutor involved in the 5,033
case. In accordance with section 2930.16 of the Revised Code and 5,035
if the victim has requested notification, the prosecutor shall 5,036
give notice of the hearing to the victim of the delinquent act 5,037
for which the child's commitment to the legal custody of the 5,038
department was imposed. The court may order the department to 5,039
deliver the child to the court on the date set for the hearing 5,040
and shall order the department to present to the court at that 5,041
time a treatment plan for the child's post-institutional care. 5,042
115
The court may conduct the hearing without the child being 5,043
present. The court shall consider any statement of a victim made 5,044
pursuant to section 2930.14 or 2930.17 of the Revised Code and 5,047
any victim impact statement prepared pursuant to section 2151.355 5,048
of the Revised Code. The court shall determine at the hearing 5,051
whether the child should be granted an early release from 5,053
institutionalization or institutionalization in a secure
facility. After making a determination, the court shall notify 5,054
the victim of the determination in accordance with sections 5,055
2930.03 and 2930.16 of the Revised Code. If the court approves 5,057
the early release, the department shall prepare a written 5,058
treatment and rehabilitation plan for the child pursuant to 5,059
division (E) of this section that shall include the terms and 5,061
conditions of the child's release. It shall send the committing 5,062
court and the juvenile court of the county in which the child is 5,063
placed a copy of the plan and the terms and conditions that it 5,064
fixed. The court of the county in which the child is placed may 5,065
adopt the terms and conditions set by the department as an order 5,066
of the court and may add any additional consistent terms and 5,068
conditions it considers appropriate, provided that the court may 5,069
not add any term or condition that decreases the level or degree 5,070
of supervision specified by the department in its plan, that 5,071
substantially increases the financial burden of supervision that 5,072
will be experienced by the department, or that alters the 5,073
placement specified by the department in its plan. If the court 5,074
of the county in which the child is placed adds to the 5,075
department's plan any additional terms and conditions, it shall 5,076
enter those additional terms and conditions in its journal and 5,077
shall send to the department a copy of the journal entry of the 5,078
additional terms and conditions. 5,079
(3) If the court approves or grants an early release for a 5,082
child under division (C)(1) or (2) of this section, the actual 5,084
date on which the department of youth services shall release the 5,085
child from institutional care or institutional care in a secure 5,086
116
facility is contingent upon the department finding a suitable 5,087
placement for the child. If the child is to be returned to the 5,088
child's home, the department shall return the child to the home 5,089
on the date that the court schedules for the child's release or 5,090
shall bear the expense of any additional time that the child 5,091
remains in institutional care or institutional care in a secure 5,092
facility. If the child is unable to return to the child's home, 5,093
the department shall exercise reasonable diligence in finding a 5,094
suitable placement for the child, and the child shall remain in 5,095
institutional care or institutional care in a secure facility 5,096
while the department finds the suitable placement. 5,097
(D) If a child is released under division (B) or (C) of 5,100
this section and the court of the county in which the child is 5,101
placed has reason to believe that the child's deportment is not 5,102
in accordance with the post-release terms and conditions of the 5,104
child's judicial release or early release, the court of the 5,105
county in which the child is placed shall schedule a time for a 5,106
hearing to determine whether the child violated any of the 5,108
post-release terms and conditions, and, if the child was released 5,109
under division (C) of this section, divisions (A) to (E) of 5,110
section 5139.52 of the Revised Code apply regarding the child. 5,111
If that court determines at the hearing that the child violated 5,113
any of the post-release terms and conditions, the court, if it 5,114
determines that the violation of the terms and conditions was a 5,116
serious violation, may order the child to be returned to the 5,117
department for institutionalization or institutionalization in a 5,118
secure facility, consistent with the original order of commitment 5,119
of the child, or in any case may make any other disposition of 5,120
the child authorized by law that the court considers proper. If 5,121
the court of the county in which the child is placed orders the 5,122
child to be returned to a department of youth services 5,123
institution, the time during which the child was 5,124
institutionalized or institutionalized in a secure facility prior 5,125
to the child's judicial release or early release shall be 5,127
117
considered as time served in fulfilling the prescribed minimum 5,128
period or prescribed period of institutionalization or
institutionalization in a secure facility that is applicable to 5,130
the child under the child's original order of commitment. If the 5,131
court orders the child returned to a department of youth services 5,132
institution, the child shall remain in institutional care for a 5,133
minimum period of three months or until the child successfully 5,134
completes a revocation program of a duration of not less than 5,136
thirty days operated either by the department or by an entity 5,137
with whom the department has contracted to provide a revocation 5,139
program.
(E) The department of youth services, prior to the release 5,141
of a child pursuant to division (C) of this section, shall do all 5,143
of the following:
(1) After reviewing the child's rehabilitative progress 5,145
history and medical and educational records, prepare a written 5,146
treatment and rehabilitation plan for the child that shall 5,147
include terms and conditions of the release; 5,148
(2) Completely discuss the terms and conditions of the 5,150
plan prepared pursuant to division (E)(1) of this section and the 5,152
possible penalties for violation of the plan with the child and 5,153
the child's parents, guardian, or legal custodian; 5,154
(3) Have the plan prepared pursuant to division (E)(1) of 5,157
this section signed by the child, the child's parents, legal 5,158
guardian, or custodian, and any authority or person that is to 5,160
supervise, control, and provide supportive assistance to the 5,161
child at the time of the child's release pursuant to division (C) 5,162
of this section; 5,163
(4) File a copy of the plan prepared pursuant to division 5,166
(E)(1) of this section, prior to the child's release, with the 5,168
committing court and the juvenile court of the county in which 5,169
the child is to be placed.
(F) The department of youth services shall file a written 5,171
progress report with the committing court regarding each child 5,172
118
released pursuant to division (C) of this section, at least once 5,174
every thirty days unless specifically directed otherwise by the 5,175
court. The report shall indicate the treatment and 5,176
rehabilitative progress of the child and the child's family, if
applicable, and shall include any suggestions and recommendations 5,177
for alteration of the program, custody, living arrangements, or 5,178
treatment. The department shall retain legal custody of a child 5,179
so released until it discharges the child or until the custody is 5,180
terminated as otherwise provided by law. 5,181
(G)(1) As used in division (G)(2) of this section, 5,185
"release authority" and "supervised release" have the same 5,186
meanings as in section 5139.01 of the Revised Code. 5,187
(2) When a child is committed to the legal custody of the 5,189
department of youth services, the court retains jurisdiction to 5,190
perform the functions specified in section 5139.51 of the Revised 5,192
Code with respect to the granting of supervised release by the 5,194
release authority and to perform the functions specified in 5,195
section 5139.52 of the Revised Code with respect to violations of 5,198
the terms and conditions of supervised release granted by the
release authority and to the revocation of supervised release 5,200
granted by the release authority.
Sec. 2151.65. Upon the advice and recommendation of the 5,209
juvenile judge, the board of county commissioners may provide by 5,210
purchase, lease, construction, or otherwise a school, forestry 5,211
camp, or other facility or facilities where delinquent CHILDREN, 5,212
as defined in section 2151.02 2152.02 of the Revised Code, 5,213
dependent CHILDREN, abused CHILDREN, unruly CHILDREN, as defined 5,215
in section 2151.022 of the Revised Code, or neglected children or 5,217
juvenile traffic offenders may be held for training, treatment, 5,218
and rehabilitation. Upon the joint advice and recommendation of 5,219
the juvenile judges of two or more adjoining or neighboring 5,220
counties, the boards of county commissioners of such counties may 5,221
form themselves into a joint board and proceed to organize a 5,222
district for the establishment and support of a school, forestry 5,223
119
camp, or other facility or facilities for the use of the juvenile 5,224
courts of such counties, where delinquent, dependent, abused, 5,225
unruly, or neglected children, or juvenile traffic offenders may 5,226
be held for treatment, training, and rehabilitation, by using a 5,227
site or buildings already established in one such county, or by 5,228
providing for the purchase of a site and the erection of the 5,229
necessary buildings thereon. Such county or district school, 5,230
forestry camp, or other facility or facilities shall be 5,231
maintained as provided in sections 2151.01 to 2151.80 CHAPTERS 5,232
2151. AND 2152. of the Revised Code. Children who are adjudged to 5,234
be delinquent, dependent, neglected, abused, unruly, or juvenile 5,235
traffic offenders may be committed to and held in any such 5,236
school, forestry camp, or other facility or facilities for 5,237
training, treatment, and rehabilitation.
The juvenile court shall determine: 5,239
(A) The children to be admitted to any school, forestry 5,241
camp, or other facility maintained under this section; 5,242
(B) The period such children shall be trained, treated, 5,244
and rehabilitated at such facility; 5,245
(C) The removal and transfer of children from such 5,247
facility. 5,248
Sec. 2151.651. The board of county commissioners of a 5,257
county which, either separately or as part of a district, is 5,258
planning to establish a school, forestry camp, or other facility 5,259
under section 2151.65 of the Revised Code, to be used exclusively 5,260
for the rehabilitation of children between the ages of twelve to 5,261
eighteen years, other than psychotic or mentally retarded 5,262
children, who are designated delinquent CHILDREN, as defined in 5,263
section 2151.02 2152.02 of the Revised Code, or unruly CHILDREN, 5,266
as defined in section 2151.022 of the Revised Code, by order of a 5,267
juvenile court, may make application to the department of youth 5,268
services, created under division (B) of section 5139.01 of the 5,269
Revised Code, for financial assistance in defraying the county's 5,270
share of the cost of acquisition or construction of such school, 5,271
120
camp, or other facility, as provided in section 5139.27 of the 5,272
Revised Code. Such application shall be made on forms prescribed 5,273
and furnished by the department. 5,274
Sec. 2151.652. The board of county commissioners of a 5,283
county or the board of trustees of a district maintaining a 5,284
school, forestry camp, or other facility established under 5,285
section 2151.65 of the Revised Code, used exclusively for the 5,286
rehabilitation of children between the ages of twelve to eighteen 5,287
years, other than psychotic or mentally retarded children, who 5,288
are designated delinquent CHILDREN, as defined in section 2151.02 5,290
2152.02 of the Revised Code, or unruly CHILDREN, as defined in 5,291
section 2151.022 of the Revised Code, by order of a juvenile 5,292
court, may make application to the department of youth services, 5,293
created under division (B) of section 5139.01 of the Revised 5,294
Code, for financial assistance in defraying the cost of operating 5,295
and maintaining such school, forestry camp, or other facility, as 5,296
provided in section 5139.28 of the Revised Code. 5,297
Such application shall be made on forms prescribed and 5,299
furnished by the department. 5,300
Sec. 2151.655. (A) The taxing authority of a county may 5,309
issue general obligation securities of the county under Chapter 5,310
133. of the Revised Code to pay such county's share, either 5,311
separately or as a part of a district, of the cost of acquiring 5,312
schools, detention homes FACILITIES, forestry camps, or other 5,313
facilities, or any combination thereof, under section 2151.34 5,315
2152.41 or 2151.65 of the Revised Code, or of acquiring sites for 5,317
and constructing, enlarging, or otherwise improving such schools, 5,318
detention homes FACILITIES, forestry camps, other facilities, or 5,320
combinations thereof.
(B) The taxing authority of a detention home FACILITY 5,322
district, or a district organized under section 2151.65 of the 5,324
Revised Code, or of a combined district organized under sections 5,325
2151.34 2152.41 and 2151.65 of the Revised Code, may submit to 5,327
the electors of the district the question of issuing general 5,328
121
obligation bonds of the district to pay the cost of acquiring, 5,329
constructing, enlarging, or otherwise improving sites, buildings, 5,330
and facilities for any purposes for which the district was 5,331
organized. The election on such question shall be submitted and 5,332
held under section 133.18 of the Revised Code. 5,333
Sec. 2151.78. The board of county commissioners of any 5,342
county within a school, forestry camp, or other facility or 5,343
facilities district may, upon the recommendation of the juvenile 5,344
court of such county, withdraw from such district and dispose of 5,345
its interest in such school, forestry camp, or other facility or 5,346
facilities selling or leasing its right, title, and interest in 5,347
the site, buildings, furniture, and equipment to any counties in 5,348
the district, at such price and upon such terms as are agreed 5,349
upon among the boards of county commissioners of the counties 5,350
concerned. Section 307.10 of the Revised Code does not appy 5,351
APPLY to this section. The net proceeds of any such sale or 5,352
lease shall be paid into the treasury of the withdrawing county. 5,353
Any county withdrawing from such district or from a 5,355
combined district organized under sections 2151.34 2152.41 and 5,356
2151.65 of the Revised Code shall continue to have levied against 5,358
its tax duplicate any tax levied by the district during the 5,359
period in which the county was a member of the district for 5,360
current operating expenses, permanent improvements, or the 5,361
retirement of bonded indebtedness. Such levy shall continue to 5,362
be a levy against such duplicate of the county until such time 5,363
that it expires or is renewed. 5,364
Members of the board of trustees of a district school, 5,366
forestry camp, or other facility or facilities who are residents 5,367
of a county withdrawing from such district are deemed to have 5,368
resigned their positions upon the completion of the withdrawal 5,369
procedure provided by this section. Vacancies then created shall 5,370
be filled according to sections 2151.68 and 2151.74 of the 5,371
Revised Code. 5,372
Sec. 2151.79. The county auditor of the county having the 5,381
122
greatest population, or, with the unanimous concurrence of the 5,382
county auditors of the counties composing a facilities district, 5,383
the auditor of the county wherein the facility is located, shall 5,384
be the fiscal officer of a district organized under section 5,385
2151.65 of the Revised Code or a combined district organized
under sections 2151.34 2152.41 and 2151.65 of the Revised Code. 5,387
The county auditors of the several counties composing a school, 5,388
forestry camp, or other facility or facilities district, shall 5,389
meet at the district school, forestry camp, or other facility or 5,390
facilities not less than once in each six months, to review
accounts and to transact such other duties in connection with the 5,391
institution as pertain to the business of their office. 5,392
Sec. 2151.99. (A) Whoever violates division (D)(2) or (3) 5,401
of section 2151.313 or division (A)(1) or (H)(2) of section 5,402
2151.421 of the Revised Code is guilty of a misdemeanor of the 5,403
fourth degree.
(B) Whoever violates division (D)(1) of section 2151.313 5,405
of the Revised Code is guilty of a minor misdemeanor. 5,406
(C) Whoever violates division (G) of section 2151.62 of 5,409
the Revised Code is guilty of a minor misdemeanor.
Sec. 2152.01. (A) THE OVERRIDING PURPOSES FOR 5,411
DISPOSITIONS UNDER THIS CHAPTER ARE TO PROTECT THE PUBLIC 5,412
INTEREST AND SAFETY, HOLD THE OFFENDER ACCOUNTABLE FOR THE 5,413
OFFENDER'S ACTIONS, RESTORE THE VICTIM, AND REHABILITATE THE 5,414
OFFENDER. THESE PURPOSES SHALL BE ACHIEVED BY A SYSTEM OF 5,415
GRADUATED SANCTIONS AND SERVICES.
(B) DISPOSITIONS UNDER THIS CHAPTER SHALL BE REASONABLY 5,417
CALCULATED TO ACHIEVE THE OVERRIDING PURPOSES SET FORTH IN THIS 5,419
SECTION, COMMENSURATE WITH AND NOT DEMEANING TO THE SERIOUSNESS 5,420
OF THE DELINQUENT CHILD'S OR THE JUVENILE TRAFFIC OFFENDER'S 5,422
CONDUCT AND ITS IMPACT ON THE VICTIM, AND CONSISTENT WITH 5,423
DISPOSITIONS FOR SIMILAR ACTS COMMITTED BY SIMILAR DELINQUENT 5,424
CHILDREN AND JUVENILE TRAFFIC OFFENDERS. THE COURT SHALL NOT 5,425
BASE THE DISPOSITION ON THE RACE, ETHNIC BACKGROUND, GENDER, OR 5,426
123
RELIGION OF THE DELINQUENT CHILD OR JUVENILE TRAFFIC OFFENDER. 5,427
(C) TO THE EXTENT THEY DO NOT CONFLICT WITH THIS CHAPTER, 5,429
THE PROVISIONS OF CHAPTER 2151. OF THE REVISED CODE APPLY TO THE 5,430
PROCEEDINGS UNDER THIS CHAPTER. 5,431
Sec. 2152.02. AS USED IN THIS CHAPTER: 5,433
(A) "ACT CHARGED" MEANS THE ACT THAT IS IDENTIFIED IN A 5,435
COMPLAINT ALLEGING THAT A CHILD IS A DELINQUENT CHILD. 5,436
(B) "ADMITTED TO A DEPARTMENT OF YOUTH SERVICES FACILITY" 5,438
INCLUDES ADMISSION TO A FACILITY OPERATED, OR CONTRACTED FOR, BY 5,439
THE DEPARTMENT AND ADMISSION TO A COMPARABLE FACILITY OUTSIDE 5,440
THIS STATE BY ANOTHER STATE OR THE UNITED STATES. 5,441
(C)(1) "CHILD" MEANS A PERSON WHO IS UNDER EIGHTEEN YEARS 5,443
OF AGE, EXCEPT AS OTHERWISE PROVIDED IN DIVISIONS (C)(2) TO (5) 5,444
OF THIS SECTION. 5,445
(2) SUBJECT TO DIVISION (C)(3) OF THIS SECTION, ANY PERSON 5,447
WHO VIOLATES A FEDERAL OR STATE LAW OR A MUNICIPAL ORDINANCE 5,448
PRIOR TO ATTAINING EIGHTEEN YEARS OF AGE SHALL BE DEEMED A 5,449
"CHILD" IRRESPECTIVE OF THAT PERSON'S AGE AT THE TIME THE 5,450
COMPLAINT WITH RESPECT TO THAT VIOLATION IS FILED OR THE HEARING 5,451
ON THE COMPLAINT IS HELD. 5,452
(3) ANY PERSON WHO, WHILE UNDER EIGHTEEN YEARS OF AGE, 5,454
COMMITS AN ACT THAT WOULD BE A FELONY IF COMMITTED BY AN ADULT 5,455
AND WHO IS NOT TAKEN INTO CUSTODY OR APPREHENDED FOR THAT ACT 5,456
UNTIL AFTER THE PERSON ATTAINS TWENTY-ONE YEARS OF AGE IS NOT A 5,457
CHILD IN RELATION TO THAT ACT.
(4) ANY PERSON WHOSE CASE IS TRANSFERRED FOR CRIMINAL 5,459
PROSECUTION PURSUANT TO SECTION 2152.12 OF THE REVISED CODE SHALL 5,460
BE DEEMED AFTER THE TRANSFER NOT TO BE A CHILD IN THE TRANSFERRED 5,461
CASE.
(5) ANY PERSON WHOSE CASE IS TRANSFERRED FOR CRIMINAL 5,463
PROSECUTION PURSUANT TO SECTION 2152.12 OF THE REVISED CODE AND 5,464
WHO SUBSEQUENTLY IS CONVICTED OF OR PLEADS GUILTY TO A FELONY IN 5,465
THAT CASE, AND ANY PERSON WHO IS ADJUDICATED A DELINQUENT CHILD 5,467
FOR THE COMMISSION OF AN ACT, WHO HAS A SERIOUS YOUTHFUL OFFENDER 5,468
124
DISPOSITIONAL SENTENCE IMPOSED FOR THE ACT PURSUANT TO SECTION 5,469
2152.13 OF THE REVISED CODE, AND WHOSE ADULT PORTION OF THE 5,470
DISPOSITIONAL SENTENCE IS INVOKED PURSUANT TO SECTION 2152.14 OF 5,471
THE REVISED CODE, SHALL BE DEEMED AFTER THE TRANSFER OR 5,473
INVOCATION NOT TO BE A CHILD IN ANY CASE IN WHICH A COMPLAINT IS 5,474
FILED AGAINST THE PERSON, AND THE PERSON IS ELIGIBLE FOR A 5,475
PRESUMED TRANSFER OR DISCRETIONARY TRANSFER UNDER SECTION 2152.11
OF THE REVISED CODE. IN A CASE BROUGHT FOR A DELINQUENT ACT 5,476
ALLEGEDLY COMMITTED PRIOR TO OR SUBSEQUENT TO THE TRANSFER OR 5,477
INVOCATION WHEN THE PERSON IS ELIGIBLE FOR PRESUMED TRANSFER OR 5,478
DISCRETIONARY TRANSFER UNDER SECTION 2152.11 OF THE REVISED CODE,
THE JUVENILE COURT, ON THE NEXT COURT DAY AFTER VERIFICATION OF 5,480
THE PRIOR TRANSFER AND THE PRIOR CRIMINAL PROSECUTION AND 5,481
CONVICTION OR AFTER VERIFICATION OF THE INVOCATION, SHALL 5,482
TRANSFER THE CASE TO THE APPROPRIATE COURT, REGARDLESS OF THE 5,484
PERSON'S AGE. THIS DIVISION APPLIES TO A CASE REGARDLESS OF 5,485
WHETHER THE PRIOR OR SUBSEQUENT ACT THAT IS ALLEGED IN THE CASE 5,486
ALLEGEDLY WAS COMMITTED IN THE SAME COUNTY IN WHICH THE CASE WAS 5,488
TRANSFERRED OR THE ADULT PORTION OF THE SENTENCE WAS INVOKED OR 5,489
IN ANOTHER COUNTY AND REGARDLESS OF WHETHER THE COMPLAINT IN THE 5,491
CASE INVOLVED WAS FILED IN THE SAME COUNTY IN WHICH THE CASE WAS 5,492
TRANSFERRED OR THE ADULT PORTION OF THE SENTENCE WAS INVOKED OR
IN ANOTHER COUNTY. THIS DIVISION APPLIES TO A CASE THAT INVOLVES 5,494
AN ACT ALLEGEDLY COMMITTED PRIOR TO THE TRANSFER OR INVOCATION 5,495
ONLY WHEN THE PRIOR ACT ALLEGED IN THE CASE HAS NOT BEEN DISPOSED 5,496
OF BY A JUVENILE COURT OR TRIAL COURT. 5,497
(D) "COMMUNITY CORRECTIONS FACILITY," "PUBLIC SAFETY 5,499
BEDS," "RELEASE AUTHORITY," AND "SUPERVISED RELEASE" HAVE THE 5,500
SAME MEANINGS AS IN SECTION 5139.01 OF THE REVISED CODE. 5,501
(E) "DELINQUENT CHILD" INCLUDES ANY OF THE FOLLOWING: 5,503
(1) ANY CHILD, EXCEPT A JUVENILE TRAFFIC OFFENDER, WHO 5,505
VIOLATES ANY LAW OF THIS STATE OR THE UNITED STATES, OR ANY 5,506
ORDINANCE OF A POLITICAL SUBDIVISION OF THE STATE, THAT WOULD BE 5,508
AN OFFENSE IF COMMITTED BY AN ADULT; 5,509
125
(2) ANY CHILD WHO VIOLATES ANY LAWFUL ORDER OF THE COURT 5,511
MADE UNDER THIS CHAPTER OR UNDER CHAPTER 2151. OF THE REVISED 5,513
CODE;
(3) ANY CHILD WHO VIOLATES DIVISION (A) OF SECTION 5,515
2923.211 OF THE REVISED CODE. 5,516
(F) "DISCRETIONARY SYO" MEANS THAT A CASE IS ELIGIBLE FOR 5,519
A SERIOUS YOUTHFUL OFFENDER DISPOSITION, IN THE JUVENILE COURT'S 5,520
DISCRETION, UNDER SECTION 2152.13 OF THE REVISED CODE. 5,521
(G) "DISCRETIONARY TRANSFER" MEANS THAT THE JUVENILE COURT 5,523
HAS DISCRETION TO TRANSFER A CASE FOR CRIMINAL PROSECUTION UNDER 5,524
DIVISION (C) OF SECTION 2152.12 OF THE REVISED CODE. 5,525
(H) "DRUG ABUSE OFFENSE," "FELONY DRUG ABUSE OFFENSE," AND 5,527
"MINOR DRUG POSSESSION OFFENSE" HAVE THE SAME MEANINGS AS IN 5,528
SECTION 2925.01 OF THE REVISED CODE. 5,529
(I) "ELECTRONIC MONITORING DEVICE," "CERTIFIED ELECTRONIC 5,531
MONITORING DEVICE," "ELECTRONICALLY MONITORED HOUSE ARREST," 5,532
"ELECTRONIC MONITORING SYSTEM," AND "CERTIFIED ELECTRONIC 5,533
MONITORING SYSTEM" HAVE THE SAME MEANINGS AS IN SECTION 2929.23 5,534
OF THE REVISED CODE.
(J) "ECONOMIC LOSS" MEANS ANY ECONOMIC DETRIMENT SUFFERED 5,536
BY A VICTIM OF A DELINQUENT ACT AS A RESULT OF THE DELINQUENT ACT 5,537
AND INCLUDES ANY LOSS OF INCOME DUE TO LOST TIME AT WORK BECAUSE 5,538
OF ANY INJURY CAUSED TO THE VICTIM AND ANY PROPERTY LOSS, MEDICAL 5,539
COST, OR FUNERAL EXPENSE INCURRED AS A RESULT OF THE DELINQUENT 5,540
ACT. 5,541
(K) AN ACT CHARGED IS "ENHANCED" IF ANY RELEVANT FACTOR 5,543
DESCRIBED IN DIVISION (A)(1), (2), OR (3) OF SECTION 2152.11 OF 5,544
THE REVISED CODE IS SPECIFIED IN THE COMPLAINT AND PROVEN IN THE 5,546
MANNER DESCRIBED IN DIVISION (M)(3) OF THAT SECTION. 5,547
(L) "FIREARM" HAS THE SAME MEANING AS IN SECTION 2923.11 5,549
OF THE REVISED CODE. 5,550
(M) "JUVENILE TRAFFIC OFFENDER" MEANS ANY CHILD WHO 5,552
VIOLATES ANY TRAFFIC LAW, TRAFFIC ORDINANCE, OR TRAFFIC 5,553
REGULATION OF THIS STATE, THE UNITED STATES, OR ANY POLITICAL 5,554
126
SUBDIVISION OF THIS STATE, OTHER THAN A RESOLUTION, ORDINANCE, OR 5,555
REGULATION OF A POLITICAL SUBDIVISION OF THIS STATE THE VIOLATION 5,556
OF WHICH IS REQUIRED TO BE HANDLED BY A PARKING VIOLATIONS BUREAU 5,557
OR A JOINT PARKING VIOLATIONS BUREAU PURSUANT TO CHAPTER 4521. OF 5,558
THE REVISED CODE.
(N) "MANDATORY SYO" MEANS THAT A CASE IS REQUIRED TO HAVE 5,561
A MANDATORY SERIOUS YOUTHFUL OFFENDER DISPOSITION UNDER SECTION 5,562
2152.13 OF THE REVISED CODE. 5,563
(O) "MANDATORY TRANSFER" MEANS THAT A CASE IS REQUIRED TO 5,565
BE TRANSFERRED FOR CRIMINAL PROSECUTION UNDER DIVISION (A) OF 5,566
SECTION 2152.12 OF THE REVISED CODE. 5,567
(P) "MONITORED TIME" AND "REPEAT VIOLENT OFFENDER" HAVE 5,569
THE SAME MEANINGS AS IN SECTION 2929.01 OF THE REVISED CODE. 5,570
(Q) "OFFENSE OF VIOLENCE" HAS THE SAME MEANING AS IN 5,572
SECTION 2901.01 OF THE REVISED CODE. 5,573
(R) "PRESUMED TRANSFER" MEANS THAT THERE IS A REBUTTABLE 5,575
PRESUMPTION THAT A CASE SHOULD BE TRANSFERRED FOR CRIMINAL 5,576
PROSECUTION UNDER DIVISION (B) OF SECTION 2152.12 OF THE REVISED 5,577
CODE. 5,578
(S) "PUBLIC RECORD" HAS THE SAME MEANING AS IN SECTION 5,580
149.43 OF THE REVISED CODE. 5,581
(T) "SEXUALLY ORIENTED OFFENSE" HAS THE SAME MEANING AS IN 5,583
SECTION 2950.01 OF THE REVISED CODE. 5,584
(U) "TRADITIONAL JUVENILE" MEANS THAT A CASE IS NOT 5,586
ELIGIBLE FOR A DISPOSITION UNDER SECTION 2152.13 OF THE REVISED 5,588
CODE.
(V) "TRANSFER" MEANS THE TRANSFER FOR CRIMINAL PROSECUTION 5,590
OF A CASE INVOLVING THE ALLEGED COMMISSION BY A CHILD OF AN ACT 5,591
THAT WOULD BE AN OFFENSE IF COMMITTED BY AN ADULT FROM THE 5,592
JUVENILE COURT TO THE APPROPRIATE COURT THAT HAS JURISDICTION OF 5,593
THE OFFENSE. 5,594
Sec. 2152.021. (A) ANY PERSON HAVING KNOWLEDGE OF A CHILD 5,596
WHO APPEARS TO BE A JUVENILE TRAFFIC OFFENDER OR TO BE A 5,597
DELINQUENT CHILD MAY FILE A SWORN COMPLAINT WITH RESPECT TO THAT 5,598
127
CHILD IN THE JUVENILE COURT OF THE COUNTY IN WHICH THE CHILD HAS 5,599
A RESIDENCE OR LEGAL SETTLEMENT OR IN WHICH THE TRAFFIC OFFENSE 5,600
OR DELINQUENT ACT ALLEGEDLY OCCURRED. THE SWORN COMPLAINT MAY BE 5,601
UPON INFORMATION AND BELIEF, AND, IN ADDITION TO THE ALLEGATION 5,602
THAT THE CHILD IS A DELINQUENT CHILD OR A JUVENILE TRAFFIC 5,603
OFFENDER, THE COMPLAINT SHALL ALLEGE THE PARTICULAR FACTS UPON 5,604
WHICH THE ALLEGATION THAT THE CHILD IS A DELINQUENT CHILD OR A 5,605
JUVENILE TRAFFIC OFFENDER IS BASED.
IF A CHILD APPEARS TO BE A DELINQUENT CHILD WHO IS ELIGIBLE 5,607
FOR A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE UNDER 5,608
SECTION 2152.11 OF THE REVISED CODE AND IF THE PROSECUTING 5,609
ATTORNEY DESIRES TO SEEK A SERIOUS YOUTHFUL OFFENDER 5,611
DISPOSITIONAL SENTENCE UNDER SECTION 2152.13 OF THE REVISED CODE 5,613
IN REGARD TO THE CHILD, THE PROSECUTING ATTORNEY OF THE COUNTY IN 5,614
WHICH THE ALLEGED DELINQUENCY OCCURS MAY INITIATE A CASE IN THE 5,616
JUVENILE COURT OF THE COUNTY BY PRESENTING THE CASE TO A GRAND 5,617
JURY FOR INDICTMENT PURSUANT TO DIVISION (C) OF SECTION 2152.13 5,618
OF THE REVISED CODE. 5,619
(B) IF A CHILD, BEFORE THE CHILD IS EIGHTEEN YEARS OF AGE, 5,621
ALLEGEDLY COMMITS AN ACT FOR WHICH THE CHILD MAY BE ADJUDICATED A 5,622
DELINQUENT CHILD OR A JUVENILE TRAFFIC OFFENDER AND IF THE 5,623
SPECIFIC COMPLAINT ALLEGING THE ACT IS NOT FILED OR A HEARING ON 5,624
THAT SPECIFIC COMPLAINT IS NOT HELD UNTIL AFTER THE CHILD IS 5,626
EIGHTEEN YEARS OF AGE, THE COURT HAS JURISDICTION TO HEAR AND 5,627
DISPOSE OF THE COMPLAINT AS IF THE COMPLAINT WERE FILED AND THE 5,628
HEARING HELD BEFORE THE CHILD WAS EIGHTEEN YEARS OF AGE. 5,629
(C) ANY PERSON WITH STANDING UNDER APPLICABLE LAW MAY FILE 5,631
A COMPLAINT FOR THE DETERMINATION OF ANY OTHER MATTER OVER WHICH 5,632
THE JUVENILE COURT IS GIVEN JURISDICTION BY SECTION 2151.23 OF 5,633
THE REVISED CODE. THE COMPLAINT SHALL BE FILED IN THE COUNTY IN 5,635
WHICH THE CHILD WHO IS THE SUBJECT OF THE COMPLAINT IS FOUND OR 5,636
WAS LAST KNOWN TO BE FOUND. 5,637
(D) WITHIN TEN DAYS AFTER THE FILING OF A COMPLAINT OR THE 5,639
ISSUANCE OF AN INDICTMENT, THE COURT SHALL GIVE WRITTEN NOTICE OF 5,641
128
THE FILING OF THE COMPLAINT OR THE ISSUANCE OF AN INDICTMENT AND 5,642
OF THE SUBSTANCE OF THE COMPLAINT OR INDICTMENT TO THE
SUPERINTENDENT OF A CITY, LOCAL, EXEMPTED VILLAGE, OR JOINT 5,644
VOCATIONAL SCHOOL DISTRICT IF THE COMPLAINT OR INDICTMENT ALLEGES 5,645
THAT A CHILD COMMITTED AN ACT THAT WOULD BE A CRIMINAL OFFENSE IF 5,647
COMMITTED BY AN ADULT, THAT THE CHILD WAS SIXTEEN YEARS OF AGE OR 5,648
OLDER AT THE TIME OF THE COMMISSION OF THE ALLEGED ACT, AND THAT 5,649
THE ALLEGED ACT IS ANY OF THE FOLLOWING:
(1) A VIOLATION OF SECTION 2923.122 OF THE REVISED CODE 5,651
THAT RELATES TO PROPERTY OWNED OR CONTROLLED BY, OR TO AN 5,653
ACTIVITY HELD UNDER THE AUSPICES OF, THE BOARD OF EDUCATION OF 5,654
THAT SCHOOL DISTRICT;
(2) A VIOLATION OF SECTION 2923.12 OF THE REVISED CODE, OF 5,657
A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE, OR OF SECTION 5,658
2925.03 OF THE REVISED CODE THAT WAS COMMITTED ON PROPERTY OWNED 5,659
OR CONTROLLED BY, OR AT AN ACTIVITY HELD UNDER THE AUSPICES OF, 5,660
THE BOARD OF EDUCATION OF THAT SCHOOL DISTRICT; 5,661
(3) A VIOLATION OF SECTION 2925.11 OF THE REVISED CODE 5,663
THAT WAS COMMITTED ON PROPERTY OWNED OR CONTROLLED BY, OR AT AN 5,665
ACTIVITY HELD UNDER THE AUSPICES OF, THE BOARD OF EDUCATION OF 5,666
THAT SCHOOL DISTRICT, OTHER THAN A VIOLATION OF THAT SECTION THAT 5,667
WOULD BE A MINOR DRUG POSSESSION OFFENSE IF COMMITTED BY AN 5,669
ADULT;
(4) A VIOLATION OF SECTION 2903.01, 2903.02, 2903.03, 5,671
2903.04, 2903.11, 2903.12, 2907.02, OR 2907.05 OF THE REVISED 5,672
CODE, OR A VIOLATION OF FORMER SECTION 2907.12 OF THE REVISED 5,674
CODE, THAT WAS COMMITTED ON PROPERTY OWNED OR CONTROLLED BY, OR 5,676
AT AN ACTIVITY HELD UNDER THE AUSPICES OF, THE BOARD OF EDUCATION
OF THAT SCHOOL DISTRICT, IF THE VICTIM AT THE TIME OF THE 5,677
COMMISSION OF THE ALLEGED ACT WAS AN EMPLOYEE OF THE BOARD OF 5,678
EDUCATION OF THAT SCHOOL DISTRICT; 5,679
(5) COMPLICITY IN ANY VIOLATION DESCRIBED IN DIVISION 5,681
(D)(1), (2), (3), OR (4) OF THIS SECTION THAT WAS ALLEGED TO HAVE 5,682
BEEN COMMITTED IN THE MANNER DESCRIBED IN DIVISION (D)(1), (2), 5,683
129
(3), OR (4) OF THIS SECTION, REGARDLESS OF WHETHER THE ACT OF 5,684
COMPLICITY WAS COMMITTED ON PROPERTY OWNED OR CONTROLLED BY, OR 5,686
AT AN ACTIVITY HELD UNDER THE AUSPICES OF, THE BOARD OF EDUCATION 5,687
OF THAT SCHOOL DISTRICT. 5,688
(E) A PUBLIC CHILDREN SERVICES AGENCY, ACTING PURSUANT TO 5,690
A COMPLAINT OR AN ACTION ON A COMPLAINT FILED UNDER THIS SECTION, 5,691
IS NOT SUBJECT TO THE REQUIREMENTS OF SECTION 3109.27 OF THE 5,693
REVISED CODE.
Sec. 2151.25 2152.03. When a child is arrested under any 5,702
charge, complaint, affidavit, or indictment for a felony or a 5,704
misdemeanor, proceedings regarding the child initially shall be 5,706
in the juvenile court in accordance with this chapter. If the 5,707
child is taken before a judge of a county court, a mayor, a judge 5,708
of a municipal court, or a judge of a court of common pleas other 5,710
than a juvenile court, the judge of the county court, mayor, 5,712
judge of the municipal court, or judge of the court of common 5,713
pleas shall transfer the case to the juvenile court, and, upon 5,714
the transfer, the proceedings shall be in accordance with this 5,716
chapter. Upon the transfer, all further proceedings under the 5,717
charge, complaint, information, or indictment shall be 5,718
discontinued in the court of the judge of the county court, 5,719
mayor, municipal judge, or judge of the court of common pleas 5,721
other than a juvenile court subject to section 2151.26 2152.12 of 5,722
the Revised Code, and the. THE case relating to the child then 5,724
shall be within the exclusive jurisdiction of the juvenile court, 5,726
subject to section 2151.26 2152.12 of the Revised Code. 5,728
Sec. 2152.04. A CHILD WHO IS ALLEGED TO BE, OR WHO IS 5,730
ADJUDICATED, A DELINQUENT CHILD MAY BE CONFINED IN A PLACE OF 5,731
JUVENILE DETENTION PROVIDED UNDER SECTION 2152.41 OF THE REVISED 5,732
CODE FOR A PERIOD NOT TO EXCEED NINETY DAYS, DURING WHICH TIME A 5,733
SOCIAL HISTORY MAY BE PREPARED TO INCLUDE COURT RECORD, FAMILY
HISTORY, PERSONAL HISTORY, SCHOOL AND ATTENDANCE RECORDS, AND ANY 5,734
OTHER PERTINENT STUDIES AND MATERIAL THAT WILL BE OF ASSISTANCE 5,735
TO THE JUVENILE COURT IN ITS DISPOSITION OF THE CHARGES AGAINST 5,736
130
THAT ALLEGED OR ADJUDICATED DELINQUENT CHILD. 5,737
Sec. 2152.11. (A) A CASE INVOLVING A CHILD WHO IS ALLEGED 5,741
TO BE A DELINQUENT CHILD IS ELIGIBLE FOR MANDATORY TRANSFER AS
PROVIDED IN DIVISIONS (C)(2) AND (3) OF THIS SECTION OR AS 5,742
OTHERWISE SPECIFIED IN SECTION 2152.12 OF THE REVISED CODE AND IS 5,743
ELIGIBLE FOR DISCRETIONARY TRANSFER AS PROVIDED IN DIVISION (B) 5,744
OF THIS SECTION. IN ALL OTHER CIRCUMSTANCES, A CASE INVOLVING A 5,746
CHILD WHO IS ALLEGED TO BE OR IS ADJUDICATED A DELINQUENT CHILD 5,747
IS ELIGIBLE FOR A PARTICULAR TYPE OF TRANSFER OR DISPOSITION 5,748
UNDER THIS SECTION IF THE ACT CHARGED IS ENHANCED BY ONE OR MORE 5,749
OF THE FOLLOWING FACTORS THAT ARE SPECIFIED IN THE COMPLAINT OR 5,751
IF DIVISIONS (C) TO (L) OF THIS SECTION OTHERWISE MAKE THE CHILD 5,754
ELIGIBLE FOR A SPECIFIED TYPE OF TRANSFER OR DISPOSITION: 5,755
(1) THE ACT CHARGED AGAINST THE CHILD WOULD BE AN OFFENSE 5,757
OF VIOLENCE IF COMMITTED BY AN ADULT. 5,758
(2) DURING THE COMMISSION OF THE ACT CHARGED, THE CHILD 5,760
USED A FIREARM, DISPLAYED A FIREARM, BRANDISHED A FIREARM, OR 5,762
INDICATED THAT THE CHILD POSSESSED A FIREARM. 5,763
(3) THE CHILD PREVIOUSLY WAS ADMITTED TO A DEPARTMENT OF 5,765
YOUTH SERVICES FACILITY FOR THE COMMISSION OF AN ACT THAT WOULD 5,766
HAVE BEEN A FELONY OF THE FIRST OR SECOND DEGREE IF COMMITTED BY 5,767
AN ADULT OR AN ACT THAT WOULD HAVE BEEN A FELONY OF THE THIRD 5,768
DEGREE AND AN OFFENSE OF VIOLENCE IF COMMITTED BY AN ADULT. 5,769
(B) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ANY CASE 5,771
INVOLVING A CHILD WHO WAS AT LEAST FOURTEEN YEARS OF AGE AT THE 5,772
TIME OF THE ACT CHARGED AND IN WHICH THE CHILD IS CHARGED WITH AN 5,773
ACT THAT WOULD BE A FELONY IF COMMITTED BY AN ADULT IS ELIGIBLE 5,775
FOR DISCRETIONARY TRANSFER TO THE APPROPRIATE COURT FOR CRIMINAL
PROSECUTION. 5,776
(C)(1) AS USED IN DIVISIONS (C)(1) TO (3) OF THIS SECTION, 5,779
"CATEGORY ONE OFFENSE" AND "CATEGORY TWO OFFENSE" HAVE THE SAME 5,780
MEANINGS AS IN SECTION 2152.12 OF THE REVISED CODE. 5,781
(2) ANY CASE INVOLVING A CHILD WHO IS CHARGED WITH A 5,783
CATEGORY ONE OFFENSE IS ELIGIBLE FOR MANDATORY TRANSFER, AND 5,784
131
SHALL BE TRANSFERRED AS PROVIDED IN SECTION 2152.12 OF THE 5,785
REVISED CODE, IF EITHER OR BOTH OF THE FOLLOWING APPLY REGARDING 5,786
THE CHILD:
(a) THE CHILD WAS SIXTEEN YEARS OF AGE OR OLDER AT THE 5,788
TIME OF THE ACT CHARGED. 5,789
(b) THE CHILD PREVIOUSLY WAS ADJUDICATED A DELINQUENT 5,791
CHILD FOR COMMITTING AN ACT THAT IS A CATEGORY ONE OFFENSE OR A 5,792
CATEGORY TWO OFFENSE AND WAS COMMITTED TO THE LEGAL CUSTODY OF 5,793
THE DEPARTMENT OF YOUTH SERVICES UPON THE BASIS OF THAT 5,794
ADJUDICATION.
(3) ANY CASE INVOLVING A CHILD WHO IS CHARGED WITH A 5,796
CATEGORY TWO OFFENSE, OTHER THAN A VIOLATION OF SECTION 2905.01 5,797
OF THE REVISED CODE, IS ELIGIBLE FOR MANDATORY TRANSFER, AND
SHALL BE TRANSFERRED AS PROVIDED IN SECTION 2152.12 OF THE 5,798
REVISED CODE, IF THE CHILD WAS SIXTEEN YEARS OF AGE OR OLDER AT
THE TIME OF THE COMMISSION OF THE ACT CHARGED AND IF EITHER OR 5,799
BOTH OF THE FOLLOWING APPLY REGARDING THE CHILD: 5,800
(a) THE CHILD PREVIOUSLY WAS ADJUDICATED A DELINQUENT 5,802
CHILD FOR COMMITTING AN ACT THAT IS A CATEGORY ONE OFFENSE OR A 5,803
CATEGORY TWO OFFENSE AND WAS COMMITTED TO THE LEGAL CUSTODY OF 5,804
THE DEPARTMENT OF YOUTH SERVICES UPON THE BASIS OF THAT
ADJUDICATION. 5,805
(b) THE CHILD IS ALLEGED TO HAVE HAD A FIREARM ON OR ABOUT 5,807
THE CHILD'S PERSON OR UNDER THE CHILD'S CONTROL WHILE COMMITTING 5,808
THE ACT CHARGED AND TO HAVE DISPLAYED THE FIREARM, BRANDISHED THE 5,810
FIREARM, INDICATED POSSESSION OF THE FIREARM, OR USED THE FIREARM 5,811
TO FACILITATE THE COMMISSION OF THE ACT CHARGED. 5,812
(D) SUBJECT TO DIVISION (J) OF THIS SECTION, ANY CASE 5,815
INVOLVING A CHILD WHO IS ALLEGED TO BE OR IS ADJUDICATED A 5,816
DELINQUENT CHILD FOR COMMITTING AN ACT THAT WOULD BE AGGRAVATED 5,817
MURDER OR MURDER IF COMMITTED BY AN ADULT IS ELIGIBLE FOR 5,818
WHICHEVER OF THE FOLLOWING IS APPROPRIATE: 5,819
(1) MANDATORY TRANSFER, WHEN REQUIRED UNDER DIVISION (C) 5,822
OF THIS SECTION;
132
(2) PRESUMED TRANSFER, IF THE ACT ALLEGEDLY WAS COMMITTED 5,825
WHEN THE CHILD WAS FOURTEEN OR FIFTEEN YEARS OF AGE, AND IF
MANDATORY TRANSFER IS NOT REQUIRED UNDER DIVISION (C) OF THIS 5,827
SECTION;
(3) MANDATORY SYO, IF THE ACT WAS COMMITTED WHEN THE CHILD 5,830
WAS TEN, ELEVEN, TWELVE, OR THIRTEEN YEARS OF AGE, AND THE ACT IS 5,831
ENHANCED BY EITHER FACTOR DESCRIBED IN DIVISION (A)(2) OR (3) OF 5,832
THIS SECTION.
(4) DISCRETIONARY SYO, IF THE ACT WAS COMMITTED WHEN THE 5,834
CHILD WAS TEN, ELEVEN, TWELVE, OR THIRTEEN YEARS OF AGE, AND THE 5,835
ACT IS NOT ENHANCED BY EITHER FACTOR DESCRIBED IN DIVISION (A)(2) 5,837
OR (3) OF THIS SECTION.
(E) SUBJECT TO DIVISIONS (B) AND (J) OF THIS SECTION, ANY 5,840
CASE INVOLVING A CHILD WHO IS ALLEGED TO BE OR IS ADJUDICATED A 5,841
DELINQUENT CHILD FOR COMMITTING AN ACT THAT WOULD BE ATTEMPTED 5,842
AGGRAVATED MURDER OR ATTEMPTED MURDER IF COMMITTED BY AN ADULT IS 5,843
ELIGIBLE FOR WHICHEVER OF THE FOLLOWING IS APPROPRIATE: 5,844
(1) MANDATORY TRANSFER, WHEN REQUIRED UNDER DIVISION (C) 5,846
OF THIS SECTION; 5,847
(2) PRESUMED TRANSFER, IF THE ACT ALLEGEDLY WAS COMMITTED 5,850
WHEN THE CHILD WAS FOURTEEN OR FIFTEEN YEARS OF AGE, AND IF
MANDATORY TRANSFER IS NOT REQUIRED UNDER DIVISION (C) OF THIS 5,851
SECTION; 5,852
(3) DISCRETIONARY SYO, IF THE ACT WAS COMMITTED WHEN THE 5,855
CHILD WAS TEN, ELEVEN, TWELVE, OR THIRTEEN YEARS OF AGE. 5,856
(F) SUBJECT TO DIVISIONS (B) AND (J) OF THIS SECTION, ANY 5,859
CASE INVOLVING A CHILD WHO IS ALLEGED TO BE OR IS ADJUDICATED A 5,860
DELINQUENT CHILD FOR COMMITTING AN ACT THAT WOULD BE A FELONY OF 5,861
THE FIRST DEGREE IF COMMITTED BY AN ADULT IS ELIGIBLE FOR 5,862
WHICHEVER OF THE FOLLOWING IS APPROPRIATE: 5,863
(1) MANDATORY TRANSFER, WHEN THE ACT ALLEGED IS A CATEGORY 5,865
ONE OR CATEGORY TWO OFFENSE AND MANDATORY TRANSFER IS REQUIRED 5,866
UNDER DIVISION (C) OF THIS SECTION; 5,867
(2) PRESUMED TRANSFER, IF THE ACT ALLEGEDLY WAS COMMITTED 5,870
133
WHEN THE CHILD WAS SIXTEEN OR SEVENTEEN YEARS OF AGE, DIVISION 5,871
(F)(1) OF THIS SECTION DOES NOT APPLY, AND THE ACT IS ENHANCED BY 5,872
THE FACTORS DESCRIBED IN DIVISION (A)(1) AND EITHER DIVISION 5,873
(A)(2) OR (3) OF THIS SECTION;
(3) DISCRETIONARY SYO, IF ANY OF THE FOLLOWING APPLIES: 5,875
(a) THE ACT WAS COMMITTED WHEN THE CHILD WAS SIXTEEN OR 5,877
SEVENTEEN YEARS OF AGE, AND DIVISIONS (F)(1) AND (2) OF THIS 5,878
SECTION DO NOT APPLY. 5,879
(b) THE ACT WAS COMMITTED WHEN THE CHILD WAS FOURTEEN OR 5,881
FIFTEEN YEARS OF AGE. 5,882
(c) THE ACT WAS COMMITTED WHEN THE CHILD WAS TWELVE OR 5,884
THIRTEEN YEARS OF AGE, AND THE ACT IS ENHANCED BY ANY FACTOR 5,885
DESCRIBED IN DIVISION (A)(1), (2), OR (3) OF THIS SECTION. 5,887
(d) THE ACT WAS COMMITTED WHEN THE CHILD WAS TEN OR ELEVEN 5,889
YEARS OF AGE, AND THE ACT IS ENHANCED BY THE FACTORS DESCRIBED IN 5,890
DIVISION (A)(1) AND EITHER DIVISION (A)(2) OR (3) OF THIS 5,891
SECTION. 5,892
(4) TRADITIONAL JUVENILE, IF DIVISIONS (F)(1), (2), AND 5,894
(3) OF THIS SECTION DO NOT APPLY. 5,895
(G) SUBJECT TO DIVISIONS (B) AND (J) OF THIS SECTION, ANY 5,898
CASE INVOLVING A CHILD WHO IS ADJUDICATED A DELINQUENT CHILD FOR 5,899
COMMITTING AN ACT THAT WOULD BE A FELONY OF THE SECOND DEGREE IF 5,900
COMMITTED BY AN ADULT IS ELIGIBLE FOR WHICHEVER OF THE FOLLOWING 5,901
IS APPROPRIATE: 5,902
(1) MANDATORY TRANSFER, WHEN THE ACT ALLEGED IS A CATEGORY 5,906
TWO OFFENSE AND MANDATORY TRANSFER IS REQUIRED UNDER DIVISION (C) 5,907
OF THIS SECTION;
(2) DISCRETIONARY SYO, IF THE ACT WAS COMMITTED WHEN THE 5,910
CHILD WAS FOURTEEN, FIFTEEN, SIXTEEN, OR SEVENTEEN YEARS OF AGE, 5,911
AND DIVISION (G)(1) OF THIS SECTION DOES NOT APPLY; 5,912
(3) DISCRETIONARY SYO, IF THE ACT WAS COMMITTED WHEN THE 5,915
CHILD WAS TWELVE OR THIRTEEN YEARS OF AGE, AND THE ACT IS 5,916
ENHANCED BY ANY FACTOR DESCRIBED IN DIVISION (A)(1), (2), OR (3) 5,917
OF THIS SECTION;
134
(4) TRADITIONAL JUVENILE, IF DIVISIONS (G)(1), (2), AND 5,920
(3) OF THIS SECTION DO NOT APPLY. 5,921
(H) SUBJECT TO DIVISIONS (B) AND (J) OF THIS SECTION, ANY 5,924
CASE INVOLVING A CHILD WHO IS ADJUDICATED A DELINQUENT CHILD FOR 5,925
COMMITTING AN ACT THAT WOULD BE A FELONY OF THE THIRD DEGREE IF 5,926
COMMITTED BY AN ADULT IS ELIGIBLE FOR WHICHEVER OF THE FOLLOWING 5,927
IS APPROPRIATE:
(1) DISCRETIONARY SYO, IF THE ACT WAS COMMITTED WHEN THE 5,931
CHILD WAS SIXTEEN OR SEVENTEEN YEARS OF AGE; 5,932
(2) DISCRETIONARY SYO, IF THE ACT WAS COMMITTED WHEN THE 5,935
CHILD WAS FOURTEEN OR FIFTEEN YEARS OF AGE, AND THE ACT IS 5,936
ENHANCED BY ANY FACTOR DESCRIBED IN DIVISION (A)(1), (2), OR (3) 5,937
OF THIS SECTION; 5,938
(3) TRADITIONAL JUVENILE, IF DIVISIONS (H)(1) AND (2) OF 5,940
THIS SECTION DO NOT APPLY. 5,941
(I) SUBJECT TO DIVISIONS (B) AND (J) OF THIS SECTION, ANY 5,944
CASE INVOLVING A CHILD WHO IS ADJUDICATED A DELINQUENT CHILD FOR 5,945
COMMITTING AN ACT THAT WOULD BE A FELONY OF THE FOURTH OR FIFTH 5,946
DEGREE IF COMMITTED BY AN ADULT IS ELIGIBLE FOR WHICHEVER OF THE 5,947
FOLLOWING DISPOSITIONS IS APPROPRIATE:
(1) DISCRETIONARY SYO, IF THE THE ACT WAS COMMITTED WHEN 5,949
THE CHILD WAS SIXTEEN OR SEVENTEEN YEARS OF AGE, AND THE ACT IS 5,950
ENHANCED BY ANY FACTOR DESCRIBED IN DIVISION (A)(1), (2), OR (3) 5,952
OF THIS SECTION;
(2) TRADITIONAL JUVENILE, IF DIVISION (I)(1) OF THIS 5,954
SECTION DOES NOT APPLY. 5,955
(J)(1) IF A CASE INVOLVING A CHILD WHO IS ALLEGED TO BE A 5,957
DELINQUENT CHILD IS ELIGIBLE FOR A PRESUMED TRANSFER AND THE CASE 5,958
IS NOT SO TRANSFERRED, THE COURT SHALL ORDER A MANDATORY SYO 5,959
DISPOSITION OF THE CASE IF THE CHILD IS ADJUDICATED A DELINQUENT 5,960
CHILD. 5,961
(2) WHENEVER A COURT ORDERS A SERIOUS YOUTHFUL OFFENDER 5,963
DISPOSITION UNDER DIVISION (J)(1) OF THIS SECTION AND SECTION 5,964
2152.13 OF THE REVISED CODE, THE COURT SHALL ORDER A TRADITIONAL 5,967
135
JUVENILE DISPOSITION AS THE JUVENILE PART OF THE SENTENCE.
(3) IF AN ADJUDICATED DELINQUENT CHILD IS ELIGIBLE FOR A 5,969
DISCRETIONARY SYO DISPOSITION, THE COURT HAS DISCRETION TO ORDER 5,970
A TRADITIONAL JUVENILE DISPOSITION ALONE. 5,972
(K) THE PROVISIONS OF DIVISIONS (A) TO (I) OF THIS SECTION 5,975
ARE ILLUSTRATED IN THE ELIGIBILITY TABLE AND ACCOMPANYING NOTES
AND KEY AS FOLLOWS: 5,976
OFFENSE AGE AGE AGE AGE 5,980
CATEGORY 16 & 17 14 & 15 12 & 13 10 & 11 5,982
MURDER/AGGRAVATED MURDER, 5,986
ENHANCED MT MT MSYO MSYO 5,987
MURDER/AGGRAVATED MURDER MT PT OR DSYO DSYO 5,991
MSYO
ATTEMPTED MURDER/AGGRAVATED 5,992
MURDER, ENHANCED MT MT DSYO DSYO 5,994
ATTEMPTED MURDER/AGGRAVATED 5,996
MURDER MT PT OR DSYO DSYO 5,998
DSYO
F1-V, ENHANCED MT OR DSYO DSYO DSYO 6,002
PT
F1-V DSYO DSYO DSYO TJ 6,004
F1, ENHANCED MT OR DSYO DSYO TJ 6,008
DSYO
F1 DSYO DSYO TJ TJ 6,010
F2, ENHANCED MT OR DSYO DSYO TJ 6,014
DSYO
F2 DSYO DSYO TJ TJ 6,016
F3, ENHANCED DSYO DSYO TJ TJ 6,018
F3 DSYO TJ TJ TJ 6,020
F4, ENHANCED DSYO TJ TJ TJ 6,023
F4 TJ TJ TJ TJ 6,025
F5, ENHANCED DSYO TJ TJ TJ 6,028
F5 TJ TJ TJ TJ 6,030
(L) NOTES FOR ELIGIBILITY TABLE IN DIVISION (K) OF THIS 6,033
136
SECTION: 6,034
(1) EACH DESIGNATION IN THE TABLE FOR A PARTICULAR ROW AND 6,036
COLUMN SHOWS THE MAXIMUM DISPOSITION AVAILABLE FOR THE OFFENSE OR 6,038
LEVEL OF THE OFFENSE SPECIFIED IN THAT ROW AND THE AGE OF THE 6,039
INVOLVED CHILD SPECIFIED IN THAT COLUMN.
(2) DISCRETIONARY TRANSFER IS AVAILABLE UNDER DIVISION (C) 6,041
OF SECTION 2152.12 OF THE REVISED CODE IF THE AGE OF THE CHILD IS 6,043
14, 15, 16, OR 17 (ALL OF THE ROWS IN THE COLUMN UNDER AGE 16 AND 6,044
17 AND UNDER THE COLUMN AGE 14 AND 15. 6,045
(3) IF A PRESUMED TRANSFER IS OVERRIDDEN, THE JUVENILE 6,047
COURT MUST ORDER A MANDATORY SYO DISPOSITION IF THE CHILD IS 6,048
ADJUDICATED A DELINQUENT CHILD. 6,049
(M) KEY FOR ELIGIBILITY TABLE IN DIVISION (K) OF THIS 6,051
SECTION: 6,052
(1) "AGG" REFERS TO AGGRAVATED. 6,054
(2) "DSYO" REFERS TO DISCRETIONARY SYO. 6,056
(3) "ENHANCED," FOR PURPOSES OF THE ELIGIBILITY TABLE, 6,058
REFERS TO ANY OF THE FOLLOWING: 6,059
(a) IN RELATION TO AGGRAVATED MURDER, MURDER, ATTEMPTED 6,063
AGGRAVATED MURDER, ATTEMPTED MURDER, OR A FELONY OF THE FIRST OR 6,064
SECOND DEGREE THAT IS A CATEGORY ONE OR CATEGORY TWO OFFENSE, 6,065
THAT DIVISION (C) OF THIS SECTION MAKES THE CASE ELIGIBLE FOR 6,066
MANDATORY TRANSFER UNDER SECTION 2152.12 OF THE REVISED CODE; 6,067
(b) AGGRAVATED MURDER, MURDER, ATTEMPTED AGGRAVATED 6,070
MURDER, ATTEMPTED MURDER, OR A FELONY OF THE FIRST DEGREE THAT IS 6,071
AN OFFENSE OF VIOLENCE, IF ANY OF THOSE OFFENSES IS ENHANCED BY 6,073
EITHER FACTOR DESCRIBED IN DIVISION (A)(2) OR (3) OF THIS 6,074
SECTION;
(c) ANY FELONY THAT IS NOT DESCRIBED IN DIVISION (M)(3)(a) 6,077
OF THIS SECTION AND THAT IS ENHANCED BY ANY FACTOR DESCRIBED IN 6,078
DIVISION (A)(1), (2), OR (3) OF THIS SECTION. 6,079
(4) "F1" REFERS TO AN ACT THAT WOULD BE A FELONY OF THE 6,081
FIRST DEGREE IF COMMITTED BY AN ADULT. 6,082
(5) "F2" REFERS TO AN ACT THAT WOULD BE A FELONY OF THE 6,084
137
SECOND DEGREE IF COMMITTED BY AN ADULT. 6,085
(6) "F3" REFERS TO AN ACT THAT WOULD BE A FELONY OF THE 6,087
THIRD DEGREE IF COMMITTED BY AN ADULT. 6,088
(7) "F4" REFERS TO AN ACT THAT WOULD BE A FELONY OF THE 6,090
FOURTH DEGREE IF COMMITTED BY AN ADULT. 6,091
(8) "F5" REFERS TO AN ACT THAT WOULD BE A FELONY OF THE 6,093
FIFTH DEGREE IF COMMITTED BY AN ADULT. 6,094
(9) "MSYO" REFERS TO MANDATORY SYO. 6,096
(10) "MT" REFERS TO MANDATORY TRANSFER. 6,098
(11) "PT" REFERS TO PRESUMED TRANSFER. 6,100
(12) "SYO" REFERS TO SERIOUS YOUTHFUL OFFENDER 6,102
DISPOSITION. 6,103
(13) "TJ" REFERS TO TRADITIONAL JUVENILE. 6,105
(14) "V" REFERS TO AN OFFENSE OF VIOLENCE. 6,107
Sec. 2151.26 2152.12. (A) As used in this section: 6,116
(1) "Category one offense" means any of the following: 6,118
(a) A violation of section 2903.01 or 2903.02 of the 6,120
Revised Code; 6,121
(b) A violation of section 2923.02 of the Revised Code 6,124
involving an attempt to commit aggravated murder or murder. 6,125
(2) "Category two offense" means any of the following: 6,127
(a) A violation of section 2903.03, 2905.01, 2907.02, 6,129
2909.02, 2911.01, or 2911.11 of the Revised Code; 6,131
(b) A violation of section 2903.04 of the Revised Code 6,133
that is a felony of the first degree; 6,134
(c) A violation of section 2907.12 of the Revised Code as 6,136
it existed prior to September 3, 1996. 6,137
(3) "Firearm" has the same meaning as in section 2923.11 6,139
of the Revised Code. 6,140
(4) "Act charged" means the act that a child allegedly 6,142
committed and that is identified in a complaint alleging that the 6,143
child is a delinquent child as the act that is the basis of the 6,144
child being a delinquent child.
(B)(1)(a) After a complaint has been filed alleging that a 6,146
138
child is a delinquent child for committing an act that would be 6,148
an offense AGGRAVATED MURDER, MURDER, ATTEMPTED AGGRAVATED 6,149
MURDER, OR ATTEMPTED MURDER if committed by an adult, the 6,151
JUVENILE court at a hearing shall transfer the case for criminal 6,152
prosecution to the appropriate court having jurisdiction of the 6,154
offense if the child was fourteen SIXTEEN OR SEVENTEEN years of 6,155
age or older at the time of the act charged, if AND there is 6,156
probable cause to believe that the child committed the act 6,158
charged, and OR IF THE CHILD IS FOURTEEN OR FIFTEEN YEARS OF AGE, 6,160
DIVISION (C) OF SECTION 2152.11 OF THE REVISED CODE PROVIDES THAT 6,161
THE CHILD IS ELIGIBLE FOR MANDATORY TRANSFER, AND THERE IS 6,162
PROBABLE CAUSE TO BELIEVE THAT THE CHILD COMMITTED THE ACT 6,163
CHARGED.
(b) AFTER A COMPLAINT HAS BEEN FILED ALLEGING THAT A CHILD 6,165
IS A DELINQUENT CHILD BY REASON OF COMMITTING A CATEGORY TWO 6,166
OFFENSE, THE JUVENILE COURT AT A HEARING SHALL TRANSFER THE CASE 6,168
IF DIVISION (C) OF SECTION 2152.11 OF THE REVISED CODE REQUIRES
THE MANDATORY TRANSFER OF THE CASE AND THERE IS PROBABLE CAUSE TO 6,170
BELIEVE THAT THE CHILD COMMITTED THE ACT CHARGED. 6,171
(2) THE JUVENILE COURT ALSO SHALL TRANSFER A CASE IN THE 6,173
CIRCUMSTANCES DESCRIBED IN DIVISION (C)(5) OF SECTION 2125.02 OF 6,174
THE REVISED CODE OR if one or more EITHER of the following 6,176
applies to the child or the act charged: 6,177
(1)(a) A complaint IS FILED AGAINST A CHILD WHO IS 6,179
ELIGIBLE FOR A PRESUMED TRANSFER OR DISCRETIONARY TRANSFER UNDER 6,180
SECTION 2152.11 OF THE REVISED CODE AND WHO previously was filed 6,182
in a juvenile court alleging that the child was a delinquent 6,183
child for committing an act that would be an offense if committed 6,184
by an adult, the juvenile court transferred the case pursuant to 6,185
division (B) or (C) of this section for criminal prosecution to
the appropriate court having jurisdiction of the offense, and the 6,187
child was convicted of or pleaded guilty to a felony in that A 6,188
case THAT WAS TRANSFERRED TO A CRIMINAL COURT. 6,189
(2) The (b) A COMPLAINT IS FILED AGAINST A child WHO is 6,192
139
domiciled in another state ALLEGING THAT THE CHILD IS A
DELINQUENT CHILD FOR COMMITTING AN ACT THAT WOULD BE A FELONY IF 6,193
COMMITTED BY AN ADULT, and, if the act charged had been committed 6,195
in that other state, the child would be subject to criminal 6,196
prosecution as an adult under the law of that other state without 6,197
the need for a transfer of jurisdiction from a juvenile, family, 6,198
or similar noncriminal court to a criminal court. 6,199
(3) The act charged is a category one offense, and either 6,202
or both of the following apply to the child: 6,203
(a) The child was sixteen years of age or older at the 6,206
time of the act charged.
(b) The child previously was adjudicated a delinquent 6,209
child for committing an act that is a category one offense or a
category two offense and was committed to the legal custody of 6,210
the department of youth services upon the basis of that 6,211
adjudication.
(4) The act charged is a category two offense, other than 6,214
a violation of section 2905.01 of the Revised Code, the child was 6,215
sixteen years of age or older at the time of the commission of 6,216
the act charged, and either or both of the following apply to the 6,217
child:
(a) The child previously was adjudicated a delinquent 6,220
child for committing an act that is a category one offense or a 6,221
category two offense and was committed to the legal custody of
the department of youth services upon the basis of that 6,222
adjudication.
(b) The child is alleged to have had a firearm on or about 6,224
the child's person or under the child's control while committing 6,225
the act charged and to have displayed the firearm, brandished the 6,226
firearm, indicated possession of the firearm, or used the firearm 6,227
to facilitate the commission of the act charged. 6,228
(C) IF A CASE IS ELIGIBLE FOR A PRESUMED TRANSFER UNDER 6,230
SECTION 2152.11 OF THE REVISED CODE, UPON A MOTION BY THE 6,231
PROSECUTING ATTORNEY, THE JUVENILE COURT AT A HEARING SHALL 6,232
140
TRANSFER THE CASE IF THE TRANSFER IS CONSISTENT WITH THE 6,233
OVERRIDING PURPOSES SET FORTH IN SECTION 2152.01 OF THE REVISED 6,234
CODE AND IF THE COURT FINDS ALL OF THE FOLLOWING ON THE RECORD: 6,235
(1) THERE IS PROBABLE CAUSE TO BELIEVE THAT THE CHILD WAS 6,237
FOURTEEN YEARS OF AGE OR OLDER AT THE TIME OF THE ACT CHARGED. 6,239
(2) THERE IS PROBABLE CAUSE TO BELIEVE THAT THE CHILD 6,241
COMMITTED THE ACT CHARGED. 6,242
(3) THE CHILD FAILED TO DEMONSTRATE, BY A PREPONDERANCE OF 6,245
THE EVIDENCE, THAT THE CHILD IS AMENABLE TO CARE OR 6,246
REHABILITATION WITHIN THE JUVENILE SYSTEM AND THAT THE SAFETY OF 6,247
THE COMMUNITY DOES NOT REQUIRE THAT THE CHILD BE PLACED UNDER 6,248
LEGAL RESTRAINT, INCLUDING, IF NECESSARY, FOR A PERIOD BEYOND THE 6,249
CHILD'S MAJORITY. IN MAKING ITS DECISION UNDER THIS DIVISION, 6,250
THE COURT SHALL DETERMINE WHETHER THE CHILD FAILED TO 6,252
DEMONSTRATE, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE 6,253
APPLICABLE FACTORS UNDER DIVISION (G) OF THIS SECTION INDICATING 6,254
THAT THE CASE SHOULD NOT BE TRANSFERRED OUTWEIGH THE APPLICABLE 6,255
FACTORS UNDER DIVISION (F) OF THIS SECTION INDICATING THAT THE 6,256
CASE SHOULD BE TRANSFERRED. THE RECORD SHALL INDICATE THE
SPECIFIC FACTORS THAT WERE APPLICABLE AND THAT THE COURT WEIGHED. 6,258
(C)(1)(D) Except as provided in division (B) OR (C) of 6,261
this section and subject to division (C)(4) of this section, 6,262
after a complaint has been filed alleging that a child is a 6,263
delinquent child for committing an act that would be a felony if 6,264
committed by an adult, the JUVENILE court at a hearing may 6,265
transfer the case for criminal prosecution to the appropriate 6,267
court having jurisdiction of the offense, after considering the
factors specified in division (C)(2) of this section and after 6,268
making IF THE TRANSFER IS CONSISTENT WITH THE OVERRIDING PURPOSES 6,269
SET FORTH IN SECTION 2152.01 OF THE REVISED CODE AND IF THE COURT 6,270
FINDS all of the following determinations: 6,271
(a)(1) The child was fourteen years of age or older at the 6,273
time of the act charged. 6,274
(b)(2) There is probable cause to believe that the child 6,276
141
committed the act charged. 6,277
(c) After (3) THE CHILD IS NOT AMENABLE TO CARE OR 6,281
REHABILITATION WITHIN THE JUVENILE SYSTEM, AND THE SAFETY OF THE 6,282
COMMUNITY MAY REQUIRE THAT THE CHILD BE PLACED UNDER LEGAL 6,283
RESTRAINT, INCLUDING, IF NECESSARY, FOR A PERIOD BEYOND THE 6,284
CHILD'S MAJORITY. IN MAKING ITS DECISION UNDER THIS DIVISION, 6,285
THE COURT SHALL CONSIDER WHETHER THE APPLICABLE FACTORS UNDER 6,286
DIVISION (F) OF THIS SECTION INDICATING THAT THE CASE SHOULD BE 6,288
TRANSFERRED OUTWEIGH THE APPLICABLE FACTORS UNDER DIVISION (G) OF 6,289
THIS SECTION INDICATING THAT THE CASE SHOULD NOT BE TRANSFERRED. 6,290
(E) BEFORE CONSIDERING A TRANSFER UNDER DIVISION (C) OR 6,293
(D) OF THIS SECTION, THE JUVENILE COURT SHALL ORDER an 6,294
investigation, including a mental examination of the child made 6,295
by a public or private agency or a person qualified to make the 6,297
examination, and after consideration of all relevant information 6,298
and factors, including any factor required to be considered under 6,299
division (C)(2) of this section, that there are reasonable 6,300
grounds to believe that both of the following criteria are 6,301
satisfied:
(i) The child is not amenable to care or rehabilitation or 6,303
further care or rehabilitation in any facility designed for the 6,304
care, supervision, and rehabilitation of delinquent children. 6,305
(ii) The safety of the community may require that the 6,307
child be placed under legal restraint, including, if necessary, 6,308
for the period extending beyond the child's majority. 6,309
(2) Subject to division (C)(4) of this section, when 6,312
determining whether to order the transfer of a case for criminal 6,313
prosecution to the appropriate court having jurisdiction of the 6,314
offense pursuant to division (C)(1) of this section, the court 6,315
shall consider all of the following factors in favor of ordering 6,316
the transfer of the case:
(a) A victim of the act charged was five years of age or 6,318
younger, regardless of whether the child who is alleged to have 6,319
committed that act knew the age of that victim; 6,320
142
(b) A victim of the act charged sustained physical harm to 6,323
the victim's person during the commission of or otherwise as a 6,324
result of the act charged.
(c) The act charged is not a violation of section 2923.12 6,326
of the Revised Code, and the child is alleged to have had a 6,327
firearm on or about the child's person or under the child's 6,328
control while committing the act charged and to have displayed 6,329
the firearm, brandished the firearm, indicated possession of the 6,330
firearm, or used the firearm to facilitate the commission of the 6,331
act charged.
(d) The child has a history indicating a failure to be 6,333
rehabilitated following one or more commitments pursuant to 6,334
division (A)(3), (4), (5), (6), or (7) of section 2151.355 of the 6,335
Revised Code. 6,336
(e) A victim of the act charged was sixty-five years of 6,339
age or older or permanently and totally disabled at the time of 6,340
the commission of the act charged, regardless of whether the 6,342
child who is alleged to have committed that act knew the age of
that victim. 6,343
(3) A. THE child whose case is being considered for 6,346
possible transfer for criminal prosecution to the appropriate
court having jurisdiction of the offense under division (C)(1) of 6,347
this section may waive the examination required by THIS division 6,348
(C)(1)(c) of this section, if the court finds THAT the waiver is 6,350
competently and intelligently made. Refusal to submit to a
mental and physical examination by the child constitutes a waiver 6,351
of the examination. 6,352
(4)(F) THE JUVENILE COURT SHALL CONSIDER THE FOLLOWING 6,354
RELEVANT FACTORS, AND ANY OTHER RELEVANT FACTORS, IN FAVOR OF A 6,356
TRANSFER UNDER THIS SECTION: 6,357
(1) THE VICTIM OF THE ACT CHARGED SUFFERED PHYSICAL OR 6,359
PSYCHOLOGICAL HARM, OR SERIOUS ECONOMIC HARM, AS A RESULT OF THE 6,360
ALLEGED ACT. 6,361
(2) THE PHYSICAL OR PSYCHOLOGICAL HARM SUFFERED BY THE 6,363
143
VICTIM DUE TO THE ALLEGED ACT OF THE CHILD WAS EXACERBATED 6,364
BECAUSE OF THE PHYSICAL OR PSYCHOLOGICAL VULNERABILITY OR THE AGE 6,365
OF THE VICTIM.
(3) THE CHILD'S RELATIONSHIP WITH THE VICTIM FACILITATED 6,367
THE ACT CHARGED. 6,368
(4) THE CHILD ALLEGEDLY COMMITTED THE ACT CHARGED FOR HIRE 6,370
OR AS A PART OF A GANG OR OTHER ORGANIZED CRIMINAL ACTIVITY. 6,371
(5) THE CHILD HAD A FIREARM ON OR ABOUT THE CHILD'S PERSON 6,373
OR UNDER THE CHILD'S CONTROL AT THE TIME OF THE ACT CHARGED, THE 6,375
ACT CHARGED IS NOT A VIOLATION OF SECTION 2923.12 OF THE REVISED 6,376
CODE, AND THE CHILD, DURING THE COMMISSION OF THE ACT CHARGED, 6,377
ALLEGEDLY USED OR DISPLAYED THE FIREARM, BRANDISHED THE FIREARM, 6,380
OR INDICATED THAT THE CHILD POSSESSED A FIREARM.
(6) AT THE TIME OF THE ACT CHARGED, THE CHILD WAS AWAITING 6,383
ADJUDICATION OR DISPOSITION AS A DELINQUENT CHILD, WAS UNDER A 6,384
COMMUNITY CONTROL SANCTION, OR WAS ON PAROLE FOR A PRIOR
DELINQUENT CHILD ADJUDICATION OR CONVICTION. 6,385
(7) THE RESULTS OF ANY PREVIOUS JUVENILE SANCTIONS AND 6,387
PROGRAMS INDICATE THAT REHABILITATION OF THE CHILD WILL NOT OCCUR 6,388
IN THE JUVENILE SYSTEM. 6,389
(8) THE CHILD IS EMOTIONALLY, PHYSICALLY, OR 6,391
PSYCHOLOGICALLY MATURE ENOUGH FOR THE TRANSFER. 6,392
(9) THERE IS NOT SUFFICIENT TIME TO REHABILITATE THE CHILD 6,394
WITHIN THE JUVENILE SYSTEM. 6,395
(G) THE JUVENILE COURT SHALL CONSIDER THE FOLLOWING 6,397
RELEVANT FACTORS, AND ANY OTHER RELEVANT FACTORS, AGAINST A 6,398
TRANSFER UNDER THIS SECTION: 6,399
(1) THE VICTIM INDUCED OR FACILITATED THE ACT CHARGED. 6,401
(2) THE CHILD ACTED UNDER PROVOCATION IN ALLEGEDLY 6,403
COMMITTING THE ACT CHARGED. 6,404
(3) THE CHILD WAS NOT THE PRINCIPAL ACTOR IN THE ACT 6,407
CHARGED, OR, AT THE TIME OF THE ACT CHARGED, THE CHILD WAS UNDER
THE NEGATIVE INFLUENCE OR COERCION OF ANOTHER PERSON. 6,409
(4) THE CHILD DID NOT CAUSE PHYSICAL HARM TO ANY PERSON OR 6,411
144
PROPERTY, OR HAVE REASONABLE CAUSE TO BELIEVE THAT HARM OF THAT 6,412
NATURE WOULD OCCUR, IN ALLEGEDLY COMMITTING THE ACT CHARGED. 6,413
(5) THE CHILD PREVIOUSLY HAS NOT BEEN ADJUDICATED A 6,415
DELINQUENT CHILD. 6,416
(6) THE CHILD IS NOT EMOTIONALLY, PHYSICALLY, OR 6,418
PSYCHOLOGICALLY MATURE ENOUGH FOR THE TRANSFER. 6,419
(7) THERE IS SUFFICIENT TIME TO REHABILITATE THE CHILD 6,421
WITHIN THE JUVENILE SYSTEM AND THE LEVEL OF SECURITY AVAILABLE IN 6,422
THE JUVENILE SYSTEM PROVIDES A REASONABLE ASSURANCE OF PUBLIC 6,423
SAFETY.
(H) If one or more complaints are filed alleging that a 6,426
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 6,427
or made alleging that division (B)(2), (3), or (4) of this 6,429
section applies and requires that the case or cases involving one 6,431
or more of the acts charged be transferred for criminal 6,432
prosecution to the appropriate court having jurisdiction over the 6,433
offense, and if a motion also is filed or made requesting that 6,434
the case or cases involving one or more of the acts charged be 6,436
transferred for criminal prosecution to the appropriate court 6,437
having jurisdiction of the offense pursuant to division (C)(1) OR 6,439
(D) of this section, the JUVENILE court, in deciding the motions, 6,441
shall proceed in the following manner: 6,442
(a)(1) Initially, the court shall decide the motion 6,444
alleging that division (B)(2), (3), or (4) of this section 6,445
applies and requires that the case or cases involving one or more 6,446
of the acts charged be transferred for criminal prosecution to 6,447
the appropriate court having jurisdiction over the offense. 6,449
(b)(2) If, pursuant to division (C)(4)(a) of this section, 6,452
the court determines that division (B)(2), (3), or (4) of this 6,453
section applies and requires that the case or cases involving one 6,456
or more of the acts charged be transferred for criminal 6,457
prosecution to the appropriate court having jurisdiction over the
offense, the court shall transfer the case or cases in accordance 6,458
145
with the applicable THAT division. After the transfer pursuant 6,459
to division (B)(2), (3), or (4) of this section, the court shall 6,462
decide, in accordance with division (C)(4)(b) OR (D) of this 6,463
section, whether to grant the motion requesting that the case or 6,464
cases involving one or more of the acts charged be transferred 6,465
for criminal prosecution to the appropriate court having 6,466
jurisdiction of the offense pursuant to division (C)(1) of this 6,467
section EITHER OF THOSE DIVISIONS. In making its decision 6,469
regarding the motion requesting a transfer pursuant to division
(C)(1) of this section, the court at a hearing may transfer the 6,471
subject case to the appropriate court having jurisdiction of the 6,472
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 6,474
older at the time of the act charged, and if there is probable 6,475
cause to believe that the child committed the act charged. 6,476
Notwithstanding divisions DIVISION (C)(1) to (3) OR (D) of this 6,477
section, prior to transferring a case pursuant to division 6,479
(C)(4)(b)(B) of this section, the court is not required to 6,480
consider any factor specified in division (C)(2) (F) OR (G) of 6,481
this section or to conduct an investigation or make a 6,482
determination of the type described in UNDER division 6,483
(C)(1)(c)(E) of this section.
(c)(3) If the court determines pursuant to division 6,485
(C)(4)(a) of this section, that divisions (B)(2), (3), and (4) 6,487
DIVISION (B) of this section do DOES not apply and that none of 6,488
those divisions requires REQUIRE that the case or cases involving 6,489
one or more of the acts charged be transferred for criminal 6,492
prosecution to the appropriate court having jurisdiction over the 6,493
offense, the court shall decide in accordance with divisions 6,494
DIVISION (C)(1) to (3) OR (D) of this section whether to grant 6,496
the motion requesting that the case or cases involving one or
more of the acts charged be transferred for criminal prosecution 6,498
to the appropriate court having jurisdiction of the offense 6,500
pursuant to division (C)(1) of this section EITHER OF THOSE 6,501
146
DIVISIONS.
(D)(I) The court shall give notice in writing of the time, 6,503
place, and purpose of any hearing held pursuant to division (B) 6,505
or, (C), OR (D) of this section to the child's parents, guardian, 6,507
or other custodian and to the child's counsel at least three days 6,508
prior to the hearing. 6,509
(E)(J) No person, either before or after reaching eighteen 6,511
years of age, shall be prosecuted as an adult for an offense 6,512
committed prior to becoming eighteen years of age, unless the 6,513
person has been transferred as provided in division (B) or, (C), 6,515
OR (D) of this section or unless division (G)(L) of this section 6,516
applies. Any prosecution that is had in a criminal court on the 6,518
mistaken belief that the person who is the subject of the case 6,519
was eighteen years of age or older at the time of the commission 6,520
of the offense shall be deemed a nullity, and the person shall 6,521
not be considered to have been in jeopardy on the offense.
(F)(K) Upon the transfer of a case for criminal 6,523
prosecution to the appropriate court having jurisdiction of the 6,524
offense under division (B) or, (C), OR (D) of this section, the 6,527
juvenile court shall state the reasons for the transfer ON THE 6,528
RECORD, and SHALL order the child to enter into a recognizance 6,530
with good and sufficient surety for the child's appearance before 6,532
the appropriate court for any disposition that the court is 6,533
authorized to make for a similar act committed by an adult. The 6,534
transfer abates the jurisdiction of the juvenile court with
respect to the delinquent acts alleged in the complaint, and, 6,535
upon the transfer, all further proceedings pertaining to the act 6,536
charged shall be discontinued in the juvenile court, and the case 6,538
then shall be within the jurisdiction of the court to which it is
transferred as described in division (H) of section 2151.23 of 6,539
the Revised Code. 6,540
(G)(L) If a person under eighteen years of age allegedly 6,543
commits an act that would be a felony if committed by an adult 6,544
and if the person is not taken into custody or apprehended for 6,545
147
that act until after the person attains twenty-one years of age, 6,546
the juvenile court does not have jurisdiction to hear or 6,548
determine any portion of the case charging the person with 6,549
committing that act. IN THOSE CIRCUMSTANCES, divisions (B) and, 6,550
(C), AND (D) of this section do not apply regarding that THE act, 6,552
AND the case charging the person with committing that THE act 6,554
shall be a criminal prosecution commenced and heard in the 6,555
appropriate court having jurisdiction of the offense as if the 6,556
person had been eighteen years of age or older when the person 6,557
committed that THE act, all. ALL proceedings pertaining to that 6,559
THE act shall be within the jurisdiction of the court having 6,560
jurisdiction of the offense, and the THAT court having 6,561
jurisdiction of the offense has all the authority and duties in 6,562
the case as it has in other criminal cases commenced in that 6,563
court.
(M)(1) IN ADDITION TO ANY OTHER RIGHT OF APPEAL, THE 6,565
PROSECUTING ATTORNEY, AS A MATTER OF RIGHT UNDER SECTION 2945.67 6,566
OF THE REVISED CODE, MAY APPEAL A DECISION NOT TO TRANSFER A CASE 6,568
UNDER DIVISION (C) OF THIS SECTION. 6,569
(2) THE RECORD THAT IS REVIEWED IN ANY APPEAL UNDER 6,571
DIVISION (M)(1) OF THIS SECTION SHALL INCLUDE ALL OF THE 6,572
FOLLOWING, AS APPLICABLE: 6,573
(a) THE TRANSCRIPT OF THE PROCEEDINGS; 6,575
(b) ANY MENTAL EXAMINATION OR OTHER INVESTIGATIVE REPORT 6,577
THAT WAS PREPARED UNDER JUVENILE RULE 30, DIVISION (E) OF THIS 6,579
SECTION, OR ANY OTHER PROVISION OF LAW AND SUBMITTED TO THE 6,580
JUVENILE COURT IN WRITING BEFORE THE COURT MADE ITS DECISION NOT 6,581
TO TRANSFER THE CASE. THE APPELLATE COURT'S USE OF ANY REPORT IN 6,583
CONNECTION WITH AN APPEAL UNDER DIVISION (M) OF THIS SECTION DOES 6,584
NOT AFFECT THE OTHERWISE CONFIDENTIAL CHARACTER OF THE CONTENTS
OF THE REPORT AND DOES NOT CAUSE THE REPORT TO BECOME A PUBLIC 6,586
RECORD FOLLOWING THE APPELLATE COURT'S USE OF THE REPORT. 6,587
(c) THE JUDGMENT ENTRY, INCLUDING THE SPECIFIC FACTORS 6,589
UNDER DIVISIONS (F) AND (G) OF THIS SECTION THAT THE COURT 6,590
148
CONSIDERED AND WEIGHED IN REACHING ITS DECISION NOT TO TRANSFER 6,591
THE CASE;
(d) ANY OTHER ORAL OR WRITTEN STATEMENT MADE TO OR BY THE 6,593
COURT AT THE TRANSFER HEARING. 6,594
Sec. 2152.13. (A) A JUVENILE COURT MAY IMPOSE A SERIOUS 6,597
YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE ON A CHILD ONLY IF THE 6,598
PROSECUTING ATTORNEY OF THE COUNTY IN WHICH THE DELINQUENT ACT 6,599
ALLEGEDLY OCCURRED INITIATES THE PROCESS AGAINST THE CHILD IN 6,600
ACCORDANCE WITH THIS DIVISION OR DIVISION (B) OF THIS SECTION, 6,601
AND THE CHILD IS AN ALLEGED DELINQUENT CHILD WHO IS ELIGIBLE FOR 6,604
THE DISPOSITIONAL SENTENCE. THE PROSECUTING ATTORNEY MAY 6,606
INITIATE THE PROCESS IN ANY OF THE FOLLOWING WAYS:
(1) THE CASE IS SUBJECT TO A PRESUMED TRANSFER UNDER 6,608
SECTION 2152.12 OF THE REVISED CODE, THE PROSECUTING ATTORNEY 6,609
MOVES FOR THE PRESUMED TRANSFER, AND THE PRESUMPTION IS OVERCOME. 6,610
(2) THE CHILD IS INDICTED AS A SERIOUS YOUTHFUL OFFENDER 6,612
OR IS CHARGED IN A BILL OF INFORMATION AS A SERIOUS YOUTHFUL 6,613
OFFENDER.
(3) THE ORIGINAL COMPLAINT ALLEGING THAT THE CHILD IS A 6,615
DELINQUENT CHILD REQUESTS A SERIOUS YOUTHFUL OFFENDER 6,616
DISPOSITIONAL SENTENCE. 6,617
(B) UNLESS THE INDICTMENT, INFORMATION, OR ORIGINAL 6,619
COMPLAINT INCLUDES A NOTICE OF INTENT TO SEEK THAT TYPE OF 6,621
SENTENCE, THE PROSECUTING ATTORNEY SHALL FILE WITH THE JUVENILE 6,622
COURT A WRITTEN NOTICE OF INTENT TO SEEK A SERIOUS YOUTHFUL 6,625
OFFENDER DISPOSITIONAL SENTENCE WITHIN TWENTY DAYS AFTER THE 6,627
LATER OF THE FOLLOWING, UNLESS THE TIME IS EXTENDED BY THE 6,628
JUVENILE COURT FOR GOOD CAUSE SHOWN:
(1) THE DATE OF THE CHILD'S FIRST JUVENILE COURT HEARING 6,630
REGARDING THE COMPLAINT; 6,632
(2) THE DATE THE JUVENILE COURT DETERMINES NOT TO TRANSFER 6,634
THE CASE UNDER SECTION 2152.12 OF THE REVISED CODE. 6,635
AFTER A WRITTEN NOTICE IS FILED UNDER THIS DIVISION, THE 6,638
JUVENILE COURT SHALL SERVE A COPY OF THE NOTICE ON THE CHILD AND 6,640
149
ADVISE THE CHILD OF THE PROSECUTING ATTORNEY'S INTENT TO SEEK A 6,641
SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE IN THE CASE. 6,642
(C) IF AN ALLEGED DELINQUENT CHILD IS NOT INDICTED OR 6,644
CHARGED BY INFORMATION AS DESCRIBED IN DIVISION (A) OF THIS 6,645
SECTION AND IF A NOTICE OR COMPLAINT AS DESCRIBED IN DIVISION 6,647
(A)(3) OR (B) OF THIS SECTION INDICATES THAT THE PROSECUTING 6,649
ATTORNEY INTENDS TO PURSUE A SERIOUS YOUTHFUL OFFENDER
DISPOSITIONAL SENTENCE IN THE CASE, THE JUVENILE COURT SHALL HOLD 6,651
A PRELIMINARY HEARING TO DETERMINE IF THERE IS PROBABLE CAUSE
THAT THE CHILD COMMITTED THE ACT CHARGED AND IS BY AGE ELIGIBLE 6,653
FOR, OR REQUIRED TO RECEIVE, A SERIOUS YOUTHFUL OFFENDER
DISPOSITIONAL SENTENCE. 6,654
(D) A CHILD FOR WHOM A SERIOUS YOUTHFUL OFFENDER 6,656
DISPOSITIONAL SENTENCE IS SOUGHT HAS THE RIGHT TO A GRAND JURY 6,657
DETERMINATION OF PROBABLE CAUSE THAT THE CHILD COMMITTED THE ACT 6,658
CHARGED AND THAT THE CHILD IS ELIGIBLE BY AGE FOR A SERIOUS 6,659
YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE. THE GRAND JURY MAY BE 6,661
IMPANELED BY THE COURT OF COMMON PLEAS OR THE JUVENILE COURT. 6,662
ONCE A CHILD IS INDICTED, OR CHARGED BY INFORMATION OR THE 6,665
JUVENILE COURT DETERMINES THAT THE CHILD IS ELIGIBLE FOR A 6,666
SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE, THE CHILD IS 6,667
ENTITLED TO AN OPEN AND SPEEDY TRIAL BY JURY IN JUVENILE COURT 6,668
AND TO BE PROVIDED WITH A TRANSCRIPT OF THE PROCEEDINGS. THE 6,669
TIME WITHIN WHICH THE TRIAL IS TO BE HELD COMMENCES ON THE DATE 6,670
OF THE FILING OF THE INDICTMENT OR INFORMATION. IF THE CHILD IS 6,671
DETAINED AWAITING ADJUDICATION, UPON INDICTMENT OR BEING CHARGED 6,672
BY INFORMATION, THE CHILD HAS THE SAME RIGHT TO BAIL AS AN ADULT 6,675
CHARGED WITH THE OFFENSE THE ALLEGED DELINQUENT ACT WOULD BE IF 6,676
COMMITTED BY AN ADULT. EXCEPT AS PROVIDED IN DIVISION (D) OF
SECTION 2152.14 OF THE REVISED CODE, ALL PROVISIONS OF TITLE XXIX 6,679
OF THE REVISED CODE AND THE CRIMINAL RULES SHALL APPLY IN THE 6,681
CASE AND TO THE CHILD. THE JUVENILE COURT SHALL AFFORD THE CHILD 6,683
ALL RIGHTS AFFORDED A PERSON WHO IS PROSECUTED FOR COMMITTING A 6,685
CRIME.
150
(E)(1)(a) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 6,688
COMMITTING AN ACT UNDER CIRCUMSTANCES THAT REQUIRE THE JUVENILE
COURT TO IMPOSE UPON THE CHILD A SERIOUS YOUTHFUL OFFENDER 6,690
DISPOSITIONAL SENTENCE UNDER DIVISION (C) OR (I)(1) OF SECTION 6,692
2152.11 OF THE REVISED CODE, ALL OF THE FOLLOWING APPLY: 6,693
(i) THE JUVENILE COURT SHALL IMPOSE UPON THE CHILD A 6,695
SENTENCE AVAILABLE FOR THE VIOLATION, AS IF THE CHILD WERE AN 6,696
ADULT, UNDER CHAPTER 2929. OF THE REVISED CODE, EXCEPT THAT THE 6,697
JUVENILE COURT SHALL NOT IMPOSE ON THE CHILD A SENTENCE OF DEATH 6,698
OR LIFE IMPRISONMENT WITHOUT PAROLE. 6,699
(ii) THE JUVENILE COURT SHALL IMPOSE UPON THE CHILD ONE OR 6,702
MORE TRADITIONAL JUVENILE DISPOSITIONS UNDER SECTIONS 2152.16 AND
2152.19 OF THE REVISED CODE. 6,704
(iii) THE JUVENILE COURT SHALL STAY THE ADULT PORTION OF 6,706
THE SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE PENDING THE 6,707
SUCCESSFUL COMPLETION OF THE TRADITIONAL JUVENILE DISPOSITIONS 6,709
IMPOSED.
(b) THE CHILD HAS A RIGHT TO APPEAL UNDER DIVISION (A)(1), 6,712
(3), (4), OR (5) OF SECTION 2953.08 OF THE REVISED CODE THE ADULT 6,713
PORTION OF THE SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE 6,714
IMPOSED UPON THE CHILD WHEN ANY OF THOSE DIVISIONS APPLY. ANY 6,715
APPEAL OF THE ADULT PORTION SHALL BE BROUGHT AND CONSIDERED AS IF 6,716
THE ADULT PORTION WERE NOT STAYED. 6,717
(2)(a) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 6,721
COMMITTING AN ACT UNDER CIRCUMSTANCES THAT ALLOW, BUT DO NOT 6,722
REQUIRE, THE JUVENILE COURT TO IMPOSE ON THE CHILD A SERIOUS 6,723
YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE UNDER DIVISION (C), (D), 6,724
(E), (F), (G), OR (H) OF SECTION 2152.11 OF THE REVISED CODE, ALL 6,727
OF THE FOLLOWING APPLY:
(i) IF THE JUVENILE COURT ON THE RECORD MAKES A FINDING 6,730
THAT, GIVEN THE NATURE AND CIRCUMSTANCES OF THE VIOLATION AND THE 6,731
HISTORY OF THE CHILD, THE LENGTH OF TIME, LEVEL OF SECURITY, AND 6,732
TYPES OF PROGRAMMING AND RESOURCES AVAILABLE IN THE JUVENILE 6,733
SYSTEM ALONE ARE NOT ADEQUATE TO PROVIDE THE JUVENILE COURT WITH 6,734
151
A REASONABLE EXPECTATION THAT THE PURPOSES SET FORTH IN SECTION 6,735
2152.01 OF THE REVISED CODE WILL BE MET, THE JUVENILE COURT MAY 6,736
IMPOSE UPON THE CHILD A SENTENCE AVAILABLE FOR THE VIOLATION, AS 6,738
IF THE CHILD WERE AN ADULT, UNDER CHAPTER 2929. OF THE REVISED 6,740
CODE, EXCEPT THAT THE JUVENILE COURT SHALL NOT IMPOSE ON THE 6,741
CHILD A SENTENCE OF DEATH OR LIFE IMPRISONMENT WITHOUT PAROLE. 6,742
(ii) IF A SENTENCE IS IMPOSED UNDER DIVISION (D)(2)(a)(i) 6,745
OF THIS SECTION, THE JUVENILE COURT ALSO SHALL IMPOSE UPON THE 6,746
CHILD ONE OR MORE TRADITIONAL JUVENILE DISPOSITIONS UNDER 6,747
SECTIONS 2152.16 AND 2152.19 OF THE REVISED CODE. 6,749
(iii) THE JUVENILE COURT SHALL STAY THE ADULT PORTION OF 6,751
THE SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE PENDING THE 6,752
SUCCESSFUL COMPLETION OF THE TRADITIONAL JUVENILE DISPOSITIONS 6,754
IMPOSED.
(b) THE CHILD HAS A RIGHT TO APPEAL UNDER DIVISION (A)(1), 6,757
(3), (4), OR (5) OF SECTION 2953.08 OF THE REVISED CODE THE ADULT 6,758
PORTION OF THE SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE 6,759
IMPOSED UPON THE CHILD WHEN ANY OF THOSE DIVISIONS APPLY. ANY 6,760
APPEAL OF THE ADULT PORTION SHALL BE BROUGHT AND CONSIDERED AS IF 6,761
THE ADULT PORTION WERE NOT STAYED. 6,762
(c) IF THE JUVENILE COURT DOES NOT FIND THAT A SENTENCE 6,764
SHOULD BE IMPOSED UNDER DIVISION (D)(2)(a)(i) OF THIS SECTION, 6,766
THE JUVENILE COURT MAY IMPOSE ONE OR MORE TRADITIONAL JUVENILE 6,767
DISPOSITIONS UNDER SECTIONS 2152.16 AND 2152.19 OF THE REVISED 6,768
CODE.
Sec. 2152.14. (A)(1) THE DIRECTOR OF YOUTH SERVICES MAY 6,770
REQUEST THE PROSECUTING ATTORNEY OF THE COUNTY IN WHICH IS 6,771
LOCATED THE JUVENILE COURT THAT IMPOSED A SERIOUS YOUTHFUL 6,773
OFFENDER DISPOSITIONAL SENTENCE UPON A PERSON TO FILE A MOTION 6,774
WITH THAT JUVENILE COURT TO INVOKE THE ADULT PORTION OF THE 6,775
DISPOSITIONAL SENTENCE IF ALL OF THE FOLLOWING APPLY TO THE 6,776
PERSON: 6,777
(a) THE PERSON IS AT LEAST FOURTEEN YEARS OF AGE. 6,779
(b) THE PERSON IS IN THE INSTITUTIONAL CUSTODY, OR AN 6,781
152
ESCAPEE FROM THE CUSTODY, OF THE DEPARTMENT OF YOUTH SERVICES. 6,783
(c) THE PERSON IS SERVING THE JUVENILE PORTION OF THE 6,785
SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE. 6,786
(2) THE MOTION SHALL STATE THAT THERE IS REASONABLE CAUSE 6,788
TO BELIEVE THAT EITHER OF THE FOLLOWING MISCONDUCT HAS OCCURRED 6,789
AND SHALL STATE THAT AT LEAST ONE INCIDENT OF MISCONDUCT OF THAT 6,790
NATURE OCCURRED AFTER THE PERSON REACHED FOURTEEN YEARS OF AGE: 6,791
(a) THE PERSON COMMITTED AN ACT THAT IS A VIOLATION OF THE 6,793
RULES OF THE INSTITUTION AND THAT COULD BE CHARGED AS ANY FELONY 6,794
OR AS A FIRST DEGREE MISDEMEANOR OFFENSE OF VIOLENCE IF COMMITTED 6,797
BY AN ADULT.
(b) THE PERSON EXHIBITS BEHAVIORS OR ENGAGES IN ACTIVITIES 6,799
THAT CREATE A SUBSTANTIAL RISK TO THE SAFETY OR SECURITY OF THE 6,800
INSTITUTION, THE COMMUNITY, OR THE VICTIM OR THAT SERIOUSLY 6,802
JEOPARDIZE THE PROGRAMMING AND TREATMENT OF OTHER PERSONS IN 6,803
INSTITUTIONAL CUSTODY.
(B) IF A PERSON IS AT LEAST FOURTEEN YEARS OF AGE, IS 6,805
SERVING THE JUVENILE PORTION OF A SERIOUS YOUTHFUL OFFENDER 6,806
DISPOSITIONAL SENTENCE, AND IS ON PAROLE OR AFTERCARE FROM A 6,808
DEPARTMENT OF YOUTH SERVICES FACILITY, OR ON COMMUNITY CONTROL, 6,809
THE DIRECTOR OF YOUTH SERVICES, THE JUVENILE COURT THAT IMPOSED 6,810
THE SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE ON THE 6,811
PERSON, OR THE PROBATION DEPARTMENT SUPERVISING THE PERSON MAY
REQUEST THE PROSECUTING ATTORNEY OF THE COUNTY IN WHICH IS 6,812
LOCATED THE JUVENILE COURT TO FILE A MOTION WITH THE JUVENILE 6,813
COURT TO INVOKE THE ADULT PORTION OF THE DISPOSITIONAL SENTENCE. 6,814
THE PROSECUTING ATTORNEY MAY FILE A MOTION TO INVOKE THE ADULT 6,815
PORTION OF THE DISPOSITIONAL SENTENCE EVEN IF NO REQUEST IS MADE. 6,816
THE MOTION SHALL STATE THAT THERE IS REASONABLE CAUSE TO BELIEVE 6,817
THAT EITHER OF THE FOLLOWING OCCURRED: 6,818
(1) THE PERSON COMMITTED AN ACT THAT IS A VIOLATION OF THE 6,820
CONDITIONS OF SUPERVISION AND THAT COULD BE CHARGED AS ANY FELONY 6,821
OR AS A FIRST DEGREE MISDEMEANOR OFFENSE OF VIOLENCE IF COMMITTED 6,822
BY AN ADULT. 6,823
153
(2) THE PERSON EXHIBITS BEHAVIORS OR ENGAGES IN ACTIVITIES 6,825
THAT CREATE A SUBSTANTIAL RISK TO THE COMMUNITY OR THE SAFETY OF 6,826
THE VICTIM IF THE ADULT SENTENCE IS NOT INVOKED. 6,827
(C) IF THE PROSECUTING ATTORNEY DECLINES A REQUEST TO FILE 6,829
A MOTION THAT WAS MADE BY THE DEPARTMENT OF YOUTH SERVICES OR THE 6,830
SUPERVISING PROBATION DEPARTMENT UNDER DIVISION (A) OR (B) OF 6,832
THIS SECTION OR FAILS TO ACT ON A REQUEST MADE UNDER EITHER
DIVISION BY THE DEPARTMENT WITHIN A REASONABLE TIME, THE 6,833
DEPARTMENT OF YOUTH SERVICES OR THE SUPERVISING PROBATION 6,834
DEPARTMENT MAY FILE A MOTION WITH THE JUVENILE COURT TO INVOKE 6,835
THE ADULT PORTION OF THE SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL 6,836
SENTENCE. IF THE PROSECUTING ATTORNEY DECLINES A REQUEST TO FILE 6,837
A MOTION THAT WAS MADE BY THE JUVENILE COURT UNDER DIVISION (B) 6,838
OF THIS SECTION OR FAILS TO ACT ON A REQUEST FROM THE COURT UNDER 6,839
THAT DIVISION WITHIN A REASONABLE TIME, THE JUVENILE COURT MAY 6,840
HOLD THE HEARING DESCRIBED IN DIVISION (D) OF THIS SECTION ON ITS 6,841
OWN MOTION. 6,842
(D) UPON THE FILING OF A MOTION DESCRIBED IN DIVISION (A), 6,845
(B), OR (C) OF THIS SECTION, THE JUVENILE COURT MAY HOLD A 6,846
HEARING TO DETERMINE WHETHER TO INVOKE THE ADULT PORTION OF A 6,847
PERSON'S SERIOUS JUVENILE OFFENDER DISPOSITIONAL SENTENCE. THE 6,848
JUVENILE COURT SHALL NOT INVOKE THE ADULT PORTION OF THE 6,849
DISPOSITIONAL SENTENCE WITHOUT A HEARING. AT THE HEARING THE 6,850
PERSON WHO IS THE SUBJECT OF THE SERIOUS YOUTHFUL OFFENDER 6,851
DISPOSITION HAS THE RIGHT TO BE PRESENT, TO RECEIVE NOTICE OF THE 6,852
GROUNDS UPON WHICH THE ADULT SENTENCE PORTION IS SOUGHT TO BE 6,853
IMPOSED, TO BE REPRESENTED BY COUNSEL INCLUDING COUNSEL APPOINTED 6,854
UNDER JUVENILE RULE 4(A), AND TO BE ADVISED ON THE PROCEDURES AND 6,855
PROTECTIONS SET FORTH IN THE JUVENILE RULES. THE HEARING SHALL 6,857
BE OPEN TO THE PUBLIC.
(E) THE JUVENILE COURT MAY INVOKE THE ADULT PORTION OF A 6,859
PERSON'S SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE IF THE 6,860
JUVENILE COURT FINDS ALL OF THE FOLLOWING ON THE RECORD BY CLEAR 6,861
AND CONVINCING EVIDENCE: 6,862
154
(1) THE PERSON IS SERVING THE JUVENILE PORTION OF A 6,864
SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE. 6,865
(2) THE PERSON IS AT LEAST FOURTEEN YEARS OF AGE AND HAS 6,867
BEEN ADMITTED TO A DEPARTMENT OF YOUTH SERVICES FACILITY, OR 6,868
CRIMINAL CHARGES ARE PENDING AGAINST THE PERSON. 6,869
(3) THE PERSON ENGAGED IN THE BEHAVIORS OR ACTS CHARGED 6,871
UNDER DIVISION (A) OR (B) OF THIS SECTION, AND THE PERSON'S 6,872
CONDUCT DEMONSTRATES THAT THE PERSON IS UNLIKELY TO BE 6,874
REHABILITATED DURING THE REMAINING PERIOD OF JUVENILE 6,875
JURISDICTION.
(F) IF A JUVENILE COURT ISSUES AN ORDER INVOKING THE ADULT 6,877
PORTION OF A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE 6,878
UNDER DIVISION (E) OF THIS SECTION, THE JUVENILE PORTION OF THE 6,879
DISPOSITIONAL SENTENCE SHALL TERMINATE, AND THE DEPARTMENT OF 6,880
YOUTH SERVICES SHALL TRANSFER THE PERSON TO THE DEPARTMENT OF 6,882
REHABILITATION AND CORRECTION OR PLACE THE PERSON UNDER ANOTHER 6,883
SANCTION IMPOSED AS PART OF THE SENTENCE. THE JUVENILE COURT 6,884
SHALL STATE IN ITS ORDER THE TOTAL NUMBER OF DAYS THAT THE PERSON 6,885
HAS BEEN HELD IN DETENTION OR IN A FACILITY OPERATED BY, OR UNDER 6,886
CONTRACT WITH, THE DEPARTMENT OF YOUTH SERVICES UNDER THE
JUVENILE PORTION OF THE DISPOSITIONAL SENTENCE. THE TIME THE 6,887
PERSON MUST SERVE ON A PRISON TERM IMPOSED UNDER THE ADULT 6,888
PORTION OF THE DISPOSITIONAL SENTENCE SHALL BE REDUCED BY THE 6,889
TOTAL NUMBER OF DAYS SPECIFIED IN THE ORDER PLUS ANY ADDITIONAL 6,890
DAYS THE PERSON IS HELD IN A JUVENILE FACILITY OR IN DETENTION 6,891
AFTER THE ORDER IS ISSUED AND BEFORE THE PERSON IS TRANSFERRED TO 6,892
THE CUSTODY OF THE DEPARTMENT OF REHABILITATION AND CORRECTION. 6,893
ANY COMMUNITY CONTROL IMPOSED AS PART OF THE ADULT SENTENCE 6,895
OR AS A CONDITION OF A JUDICIAL RELEASE FROM PRISON SHALL BE 6,896
UNDER THE SUPERVISION OF THE ENTITY THAT PROVIDES ADULT PROBATION 6,897
SERVICES IN THE COUNTY. ANY POST-RELEASE CONTROL IMPOSED AFTER 6,898
THE OFFENDER OTHERWISE IS RELEASED FROM PRISON SHALL BE 6,899
SUPERVISED BY THE ADULT PAROLE AUTHORITY. 6,900
Sec. 2152.16. (A)(1) IF A CHILD IS ADJUDICATED A 6,902
155
DELINQUENT CHILD FOR COMMITTING AN ACT THAT WOULD BE A FELONY IF 6,903
COMMITTED BY AN ADULT, THE JUVENILE COURT MAY COMMIT THE CHILD TO 6,905
THE LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES FOR SECURE 6,906
CONFINEMENT. EXCEPT AS PROVIDED OTHERWISE IN DIVISION (A)(1)(a) 6,907
OR (b) OF THIS SECTION, IN MAKING A COMMITMENT UNDER THIS 6,909
DIVISION, THE COURT SHALL SELECT A SPECIFIC PERIOD OF MONTHS 6,910
DURING WHICH THE COURT CONTROLS THE CHILD'S CONFINEMENT, FROM THE 6,911
FOLLOWING RANGES, AS APPLICABLE:
(a) FOR AN ACT THAT WOULD BE AGGRAVATED MURDER OR MURDER 6,913
IF COMMITTED BY AN ADULT, UNTIL THE OFFENDER ATTAINS TWENTY-ONE 6,915
YEARS OF AGE; 6,916
(b) FOR A VIOLATION OF SECTION 2923.02 OF THE REVISED CODE 6,920
THAT INVOLVES AN ATTEMPT TO COMMIT AN ACT THAT WOULD BE 6,921
AGGRAVATED MURDER OR MURDER IF COMMITTED BY AN ADULT, A MINIMUM 6,922
PERIOD OF SIX TO SEVEN YEARS AS PRESCRIBED BY THE COURT AND A 6,924
MAXIMUM PERIOD NOT TO EXCEED THE CHILD'S ATTAINMENT OF TWENTY-ONE 6,925
YEARS OF AGE;
(c) FOR AN ACT THAT WOULD BE A FELONY OF THE FIRST DEGREE 6,928
IF COMMITTED BY AN ADULT, TWELVE TO SIXTY MONTHS; 6,929
(d) FOR AN ACT THAT WOULD BE A FELONY OF THE SECOND DEGREE 6,931
IF COMMITTED BY AN ADULT, TWELVE TO THIRTY-SIX MONTHS; 6,933
(e) FOR AN ACT THAT WOULD BE A FELONY OF THE THIRD DEGREE 6,935
IF COMMITTED BY AN ADULT, SIX TO TWENTY MONTHS; 6,936
(f) FOR AN ACT THAT WOULD BE A FELONY OF THE FOURTH DEGREE 6,938
IF COMMITTED BY AN ADULT, SIX MONTHS; 6,939
(g) FOR AN ACT THAT WOULD BE A FELONY OF THE FIFTH DEGREE 6,941
IF COMMITTED BY AN ADULT, SIX MONTHS. 6,942
(2) IN EACH CASE IN WHICH A COURT MAKES A DISPOSITION 6,944
UNDER THIS SECTION, AS PART OF THE DISPOSITION THE COURT SHALL 6,945
SET THE MAXIMUM PERIOD OF THE SECURE CONFINEMENT AS THE 6,946
DELINQUENT CHILD'S ATTAINMENT OF TWENTY-ONE YEARS OF AGE. 6,947
IN EACH CASE IN WHICH A COURT MAKES A DISPOSITION UNDER 6,949
THIS SECTION, THE COURT RETAINS CONTROL OVER THE COMMITMENT FOR 6,950
THE SPECIFIC PERIOD SELECTED FROM THE RANGES SET FORTH IN 6,951
156
DIVISIONS (A)(1)(a) TO (g) OF THIS SECTION. DURING THE PERIOD OF 6,953
COURT CONTROL, THE DEPARTMENT OF YOUTH SERVICES SHALL NOT MOVE 6,954
THE CHILD TO A NON-SECURE SETTING WITHOUT THE PERMISSION OF THE
COURT THAT IMPOSED THE DISPOSITION. 6,955
(B) IF A DELINQUENT CHILD IS COMMITTED TO THE DEPARTMENT 6,957
OF YOUTH SERVICES UNDER THIS SECTION, THE DEPARTMENT MAY RELEASE 6,958
THE CHILD AT ANY TIME AFTER THE PERIOD OF COURT CONTROL IMPOSED 6,959
UNDER DIVISION (A)(1) OF THIS SECTION ENDS. 6,960
(C) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD, AT THE 6,962
DISPOSITIONAL HEARING AND PRIOR TO MAKING ANY DISPOSITION 6,963
PURSUANT TO THIS SECTION, THE COURT SHALL DETERMINE WHETHER THE 6,964
DELINQUENT CHILD PREVIOUSLY HAS BEEN ADJUDICATED A DELINQUENT 6,965
CHILD FOR A VIOLATION OF A LAW OR ORDINANCE. IF THE DELINQUENT 6,966
CHILD PREVIOUSLY HAS BEEN ADJUDICATED A DELINQUENT CHILD FOR A 6,967
VIOLATION OF A LAW OR ORDINANCE, THE COURT, FOR PURPOSES OF 6,968
ENTERING AN ORDER OF DISPOSITION OF THE DELINQUENT CHILD UNDER 6,969
THIS SECTION, SHALL CONSIDER THE PREVIOUS DELINQUENT CHILD 6,970
ADJUDICATION AS A CONVICTION OF A VIOLATION OF THE LAW OR 6,971
ORDINANCE IN DETERMINING THE DEGREE OF THE OFFENSE THE CURRENT 6,972
ACT WOULD BE HAD IT BEEN COMMITTED BY AN ADULT. THIS DIVISION 6,973
ALSO SHALL APPLY IN RELATION TO THE IMPOSITION OF ANY FINANCIAL 6,974
SANCTION UNDER SECTION 2152.19 OF THE REVISED CODE. 6,975
Sec. 2152.17. (A) IF A CHILD IS ADJUDICATED A DELINQUENT 6,977
CHILD FOR COMMITTING AN ACT, OTHER THAN A VIOLATION OF SECTION 6,979
2923.12 OF THE REVISED CODE, THAT WOULD BE A FELONY IF COMMITTED 6,980
BY AN ADULT AND IF THE COURT DETERMINES THAT, IF THE CHILD WAS AN
ADULT, THE CHILD WOULD BE GUILTY OF A SPECIFICATION OF THE TYPE 6,982
SET FORTH IN SECTION 2941.141, 2941.144, 2941.145, OR 2941.146 OF 6,983
THE REVISED CODE, IN ADDITION TO ANY COMMITMENT OR OTHER 6,984
DISPOSITION THE COURT IMPOSES FOR THE UNDERLYING DELINQUENT ACT, 6,985
THE COURT MAY, OR, WHEN REQUIRED, SHALL COMMIT THE CHILD TO THE 6,987
DEPARTMENT OF YOUTH SERVICES AS FOLLOWS:
(1) IF THE COURT DETERMINES THAT THE CHILD WOULD BE GUILTY 6,989
OF A SPECIFICATION OF THE TYPE SET FORTH IN SECTION 2941.141 OF 6,991
157
THE REVISED CODE, THE COURT SHALL COMMIT THE CHILD FOR THE 6,993
SPECIFICATION FOR A DEFINITE PERIOD OF ONE YEAR, PROVIDED THAT 6,995
THE COURT SHALL NOT COMMIT THE CHILD UNDER THIS DIVISION UNLESS
THE COURT ALSO COMMITS THE CHILD TO THE DEPARTMENT FOR THE 6,996
UNDERLYING DELINQUENT ACT UNDER SECTIONS 2152.11 TO 2152.16 OF 6,997
THE REVISED CODE.
(2) IF THE COURT DETERMINES THAT THE CHILD WOULD BE GUILTY 6,999
OF A SPECIFICATION OF THE TYPE SET FORTH IN SECTION 2941.144, 7,001
2941.145, OR 2941.146 OF THE REVISED CODE, THE COURT SHALL COMMIT 7,003
THE CHILD FOR THE SPECIFICATION FOR A DEFINITE PERIOD OF THREE 7,004
YEARS, AND THE COURT ALSO SHALL COMMIT THE CHILD TO THE 7,005
DEPARTMENT FOR THE UNDERLYING DELINQUENT ACT UNDER SECTIONS 7,006
2152.11 TO 2152.16 OF THE REVISED CODE.
(B) DIVISION (A) OF THIS SECTION ALSO APPLIES TO A CHILD 7,008
WHO IS AN ACCOMPLICE OF A PRINCIPAL DELINQUENT CHILD TO WHOM 7,010
DIVISION (A) APPLIES, IF THE ACCOMPLICE DID NOT POSSESS THE 7,011
FIREARM IDENTIFIED IN THE SPECIFICATION DESCRIBED IN THAT 7,013
DIVISION, PROVIDED THAT THE COURT DETERMINES THAT THE ACCOMPLICE
KNEW THAT THE PRINCIPAL DELINQUENT CHILD POSSESSED THE FIREARM IN 7,015
FURTHERANCE OF THE UNDERLYING ACT CHARGED. IF THE COURT MAKES 7,016
THAT DETERMINATION, THE ACCOMPLICE IS ELIGIBLE FOR THE SAME 7,017
DISPOSITION RELATIVE TO THE SPECIFICATION, UNDER DIVISION (A) OF 7,018
THIS SECTION, AS THE PRINCIPAL DELINQUENT CHILD. 7,019
(C) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 7,021
COMMITTING AN ACT THAT WOULD BE AGGRAVATED MURDER, MURDER, OR A 7,022
FIRST, SECOND, OR THIRD DEGREE FELONY OFFENSE OF VIOLENCE IF 7,024
COMMITTED BY AN ADULT AND IF THE COURT DETERMINES THAT, IF THE 7,025
CHILD WAS AN ADULT, THE CHILD WOULD BE GUILTY OF A SPECIFICATION 7,026
OF THE TYPE SET FORTH IN SECTION 2941.142 OF THE REVISED CODE IN 7,027
RELATION TO THE ACT FOR WHICH THE CHILD WAS ADJUDICATED A 7,028
DELINQUENT CHILD, THE COURT SHALL COMMIT THE CHILD FOR THE 7,029
SPECIFICATION TO THE LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH 7,030
SERVICES FOR INSTITUTIONALIZATION IN A SECURE FACILITY FOR A 7,031
PERIOD OF NOT LESS THAN ONE YEAR AND NOT MORE THAN THREE YEARS, 7,032
158
SUBJECT TO DIVISION (D) OF THIS SECTION, AND THE COURT ALSO SHALL 7,033
COMMIT THE CHILD TO THE DEPARTMENT FOR THE UNDERLYING DELINQUENT 7,034
ACT.
(D) THE COURT SHALL NOT COMMIT A CHILD TO THE LEGAL 7,036
CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES FOR A SPECIFICATION 7,037
PURSUANT TO THIS SECTION FOR A PERIOD THAT EXCEEDS FIVE YEARS FOR 7,038
ANY ONE DELINQUENT ACT. ANY COMMITMENT IMPOSED PURSUANT TO 7,039
DIVISION (A), (B), OR (C) OF THIS SECTION SHALL BE IN ADDITION 7,041
TO, AND SHALL BE SERVED CONSECUTIVELY WITH AND PRIOR TO, A PERIOD 7,042
OF COMMITMENT ORDERED UNDER THIS CHAPTER FOR THE UNDERLYING
DELINQUENT ACT. IF A COMMITMENT IS IMPOSED UNDER DIVISION (A) OR 7,043
(B) OF THIS SECTION AND A COMMITMENT ALSO IS IMPOSED UNDER 7,044
DIVISION (C) OF THIS SECTION, THE PERIOD IMPOSED UNDER DIVISION 7,046
(A) OR (B) OF THIS SECTION SHALL BE SERVED PRIOR TO THE PERIOD 7,048
IMPOSED UNDER DIVISION (C) OF THIS SECTION. 7,049
THE TOTAL OF ALL THE PERIODS OF COMMITMENT IMPOSED FOR ANY 7,051
SPECIFICATION UNDER THIS SECTION AND FOR THE UNDERLYING OFFENSE 7,052
SHALL NOT EXCEED THE CHILD'S ATTAINMENT OF TWENTY-ONE YEARS OF 7,054
AGE.
(E) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 7,056
COMMITTING TWO OR MORE ACTS THAT WOULD BE FELONIES IF COMMITTED 7,057
BY AN ADULT AND IF THE COURT ENTERING THE DELINQUENT CHILD 7,058
ADJUDICATION ORDERS THE COMMITMENT OF THE CHILD FOR TWO OR MORE 7,059
OF THOSE ACTS TO THE LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH 7,060
SERVICES FOR INSTITUTIONALIZATION IN A SECURE FACILITY PURSUANT 7,061
TO SECTION 2152.13 OR 2152.16 OF THE REVISED CODE, THE COURT MAY 7,062
ORDER THAT ALL OF THE PERIODS OF COMMITMENT IMPOSED UNDER THOSE 7,063
DIVISIONS FOR THOSE ACTS BE SERVED CONSECUTIVELY IN THE LEGAL 7,064
CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES AND, IF APPLICABLE, 7,065
BE IN ADDITION TO AND COMMENCE IMMEDIATELY FOLLOWING THE 7,067
EXPIRATION OF A PERIOD OF COMMITMENT THAT THE COURT IMPOSES 7,068
PURSUANT TO DIVISION (A), (B), OR (C) OF THIS SECTION. A COURT 7,069
SHALL NOT COMMIT A DELINQUENT CHILD TO THE LEGAL CUSTODY OF THE 7,071
DEPARTMENT OF YOUTH SERVICES UNDER THIS DIVISION FOR A PERIOD 7,072
159
THAT EXCEEDS THE CHILD'S ATTAINMENT OF TWENTY-ONE YEARS OF AGE. 7,073
(F) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 7,075
COMMITTING AN ACT THAT IF COMMITTED BY AN ADULT WOULD BE 7,076
AGGRAVATED MURDER, MURDER, RAPE, FELONIOUS SEXUAL PENETRATION IN 7,077
VIOLATION OF FORMER SECTION 2907.12 OF THE REVISED CODE, 7,078
INVOLUNTARY MANSLAUGHTER, A FELONY OF THE FIRST OR SECOND DEGREE 7,079
RESULTING IN THE DEATH OF OR PHYSICAL HARM TO A PERSON, 7,080
COMPLICITY IN OR AN ATTEMPT TO COMMIT ANY OF THOSE OFFENSES, OR 7,081
AN OFFENSE UNDER AN EXISTING OR FORMER LAW OF THIS STATE THAT IS 7,082
OR WAS SUBSTANTIALLY EQUIVALENT TO ANY OF THOSE OFFENSES AND IF 7,083
THE COURT IN ITS ORDER OF DISPOSITION FOR THAT ACT COMMITS THE 7,084
CHILD TO THE CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES, THE 7,085
ADJUDICATION SHALL BE CONSIDERED A CONVICTION FOR PURPOSES OF A 7,086
FUTURE DETERMINATION PURSUANT TO CHAPTER 2929. OF THE REVISED 7,087
CODE AS TO WHETHER THE CHILD IS A REPEAT VIOLENT OFFENDER. 7,088
Sec. 2152.18. (A) WHEN A JUVENILE COURT COMMITS A 7,090
DELINQUENT CHILD TO THE CUSTODY OF THE DEPARTMENT OF YOUTH 7,091
SERVICES PURSUANT TO THIS CHAPTER, THE COURT SHALL NOT DESIGNATE 7,092
THE SPECIFIC INSTITUTION IN WHICH THE DEPARTMENT IS TO PLACE THE 7,093
CHILD BUT INSTEAD SHALL SPECIFY THAT THE CHILD IS TO BE 7,094
INSTITUTIONALIZED IN A SECURE FACILITY. 7,095
(B) WHEN A JUVENILE COURT COMMITS A DELINQUENT CHILD TO 7,097
THE CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES PURSUANT TO THIS 7,098
CHAPTER, THE COURT SHALL STATE IN THE ORDER OF COMMITMENT THE 7,099
TOTAL NUMBER OF DAYS THAT THE CHILD HAS BEEN HELD IN DETENTION IN 7,100
CONNECTION WITH THE DELINQUENT CHILD COMPLAINT UPON WHICH THE 7,101
ORDER OF COMMITMENT IS BASED. THE DEPARTMENT SHALL REDUCE THE 7,102
MINIMUM PERIOD OF INSTITUTIONALIZATION THAT WAS ORDERED BY BOTH 7,103
THE TOTAL NUMBER OF DAYS THAT THE CHILD HAS BEEN SO HELD IN 7,104
DETENTION AS STATED BY THE COURT IN THE ORDER OF COMMITMENT AND 7,105
THE TOTAL NUMBER OF ANY ADDITIONAL DAYS THAT THE CHILD HAS BEEN 7,106
HELD IN DETENTION SUBSEQUENT TO THE ORDER OF COMMITMENT BUT PRIOR 7,107
TO THE TRANSFER OF PHYSICAL CUSTODY OF THE CHILD TO THE 7,108
DEPARTMENT.
160
(C)(1) WHEN A JUVENILE COURT COMMITS A DELINQUENT CHILD TO 7,110
THE CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES PURSUANT TO THIS 7,111
CHAPTER, THE COURT SHALL PROVIDE THE DEPARTMENT WITH THE CHILD'S 7,113
MEDICAL RECORDS, A COPY OF THE REPORT OF ANY MENTAL EXAMINATION 7,114
OF THE CHILD ORDERED BY THE COURT, THE REVISED CODE SECTION OR 7,115
SECTIONS THE CHILD VIOLATED AND THE DEGREE OF EACH VIOLATION, THE 7,116
WARRANT TO CONVEY THE CHILD TO THE DEPARTMENT, A COPY OF THE 7,117
COURT'S JOURNAL ENTRY ORDERING THE COMMITMENT OF THE CHILD TO THE 7,118
LEGAL CUSTODY OF THE DEPARTMENT, A COPY OF THE ARREST RECORD 7,119
PERTAINING TO THE ACT FOR WHICH THE CHILD WAS ADJUDICATED A 7,120
DELINQUENT CHILD, A COPY OF ANY VICTIM IMPACT STATEMENT 7,121
PERTAINING TO THE ACT, AND ANY OTHER INFORMATION CONCERNING THE 7,122
CHILD THAT THE DEPARTMENT REASONABLY REQUESTS. THE COURT ALSO 7,123
SHALL COMPLETE THE FORM FOR THE STANDARD PREDISPOSITION
INVESTIGATION REPORT THAT THE DEPARTMENT FURNISHES PURSUANT TO 7,124
SECTION 5139.04 OF THE REVISED CODE AND PROVIDE THE DEPARTMENT 7,126
WITH THE COMPLETED FORM.
THE DEPARTMENT MAY REFUSE TO ACCEPT PHYSICAL CUSTODY OF A 7,128
DELINQUENT CHILD WHO IS COMMITTED TO THE LEGAL CUSTODY OF THE 7,129
DEPARTMENT UNTIL THE COURT PROVIDES TO THE DEPARTMENT THE 7,130
DOCUMENTS SPECIFIED IN THIS DIVISION. NO OFFICER OR EMPLOYEE OF 7,131
THE DEPARTMENT WHO REFUSES TO ACCEPT PHYSICAL CUSTODY OF A 7,132
DELINQUENT CHILD WHO IS COMMITTED TO THE LEGAL CUSTODY OF THE 7,133
DEPARTMENT SHALL BE SUBJECT TO PROSECUTION OR CONTEMPT OF COURT 7,134
FOR THE REFUSAL IF THE COURT FAILS TO PROVIDE THE DOCUMENTS 7,135
SPECIFIED IN THIS DIVISION AT THE TIME THE COURT TRANSFERS THE 7,136
PHYSICAL CUSTODY OF THE CHILD TO THE DEPARTMENT. 7,137
(2) WITHIN TWENTY WORKING DAYS AFTER THE DEPARTMENT OF 7,139
YOUTH SERVICES RECEIVES PHYSICAL CUSTODY OF A DELINQUENT CHILD 7,140
FROM A JUVENILE COURT, THE COURT SHALL PROVIDE THE DEPARTMENT 7,141
WITH A CERTIFIED COPY OF THE CHILD'S BIRTH CERTIFICATE AND THE 7,142
CHILD'S SOCIAL SECURITY NUMBER OR, IF THE COURT MADE ALL 7,143
REASONABLE EFFORTS TO OBTAIN THE INFORMATION BUT WAS 7,144
UNSUCCESSFUL, WITH DOCUMENTATION OF THE EFFORTS IT MADE TO OBTAIN 7,145
161
THE INFORMATION.
(D)(1) WITHIN TEN DAYS AFTER AN ADJUDICATION THAT A CHILD 7,148
IS A DELINQUENT CHILD, THE COURT SHALL GIVE WRITTEN NOTICE OF THE 7,149
ADJUDICATION TO THE SUPERINTENDENT OF A CITY, LOCAL, EXEMPTED 7,150
VILLAGE, OR JOINT VOCATIONAL SCHOOL DISTRICT IF THE BASIS OF THE 7,151
ADJUDICATION WAS THE COMMISSION OF AN ACT THAT WOULD BE A
CRIMINAL OFFENSE IF COMMITTED BY AN ADULT, IF THE ACT WAS 7,152
COMMITTED BY THE DELINQUENT CHILD WHEN THE CHILD WAS SIXTEEN 7,153
YEARS OF AGE OR OLDER, AND IF THE ACT IS ANY OF THE FOLLOWING: 7,154
(a) A VIOLATION OF SECTION 2923.122 OF THE REVISED CODE 7,157
THAT RELATES TO PROPERTY OWNED OR CONTROLLED BY, OR TO AN
ACTIVITY HELD UNDER THE AUSPICES OF, THE BOARD OF EDUCATION OF 7,159
THAT SCHOOL DISTRICT; 7,160
(b) A VIOLATION OF SECTION 2923.12 OF THE REVISED CODE OR 7,163
OF A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE THAT WAS COMMITTED 7,164
ON PROPERTY OWNED OR CONTROLLED BY, OR AT AN ACTIVITY HELD UNDER
THE AUSPICES OF, THE BOARD OF EDUCATION OF THAT SCHOOL DISTRICT; 7,165
(c) A VIOLATION OF DIVISION (A) OF SECTION 2925.03 OR 7,167
2925.11 OF THE REVISED CODE THAT WAS COMMITTED ON PROPERTY OWNED 7,169
OR CONTROLLED BY, OR AT AN ACTIVITY HELD UNDER THE AUSPICES OF, 7,170
THE BOARD OF EDUCATION OF THAT SCHOOL DISTRICT AND THAT IS NOT A 7,171
MINOR DRUG POSSESSION OFFENSE; 7,172
(d) A VIOLATION OF SECTION 2903.01, 2903.02, 2903.03, 7,174
2903.04, 2903.11, 2903.12, 2907.02, OR 2907.05 OF THE REVISED 7,175
CODE, OR A VIOLATION OF FORMER SECTION 2907.12 OF THE REVISED 7,177
CODE, THAT WAS COMMITTED ON PROPERTY OWNED OR CONTROLLED BY, OR
AT AN ACTIVITY HELD UNDER THE AUSPICES OF, THE BOARD OF EDUCATION 7,178
OF THAT SCHOOL DISTRICT, IF THE VICTIM AT THE TIME OF THE 7,179
COMMISSION OF THE ACT WAS AN EMPLOYEE OF THE BOARD OF EDUCATION 7,180
OF THAT SCHOOL DISTRICT;
(e) AN ACT THAT WOULD BE A CRIMINAL OFFENSE IF COMMITTED 7,182
BY AN ADULT AND THAT RESULTS IN SERIOUS PHYSICAL HARM TO PERSONS 7,183
OR SERIOUS PHYSICAL HARM TO PROPERTY WHILE THE CHILD IS AT 7,185
SCHOOL, ON ANY OTHER PROPERTY OWNED OR CONTROLLED BY THE BOARD, 7,186
162
OR AT AN INTERSCHOLASTIC COMPETITION, AN EXTRACURRICULAR EVENT, 7,187
OR ANY OTHER SCHOOL PROGRAM OR ACTIVITY;
(f) COMPLICITY IN ANY VIOLATION DESCRIBED IN DIVISION 7,190
(D)(1)(a), (b), (c), (d), OR (e) OF THIS SECTION THAT WAS ALLEGED 7,192
TO HAVE BEEN COMMITTED IN THE MANNER DESCRIBED IN DIVISION 7,194
(D)(1)(a), (b), (c), (d), OR (e) OF THIS SECTION, REGARDLESS OF 7,195
WHETHER THE ACT OF COMPLICITY WAS COMMITTED ON PROPERTY OWNED OR 7,196
CONTROLLED BY, OR AT AN ACTIVITY HELD UNDER THE AUSPICES OF, THE 7,197
BOARD OF EDUCATION OF THAT SCHOOL DISTRICT. 7,198
(2) WITHIN FOURTEEN DAYS AFTER COMMITTING A DELINQUENT 7,200
CHILD TO THE CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES, THE 7,201
COURT SHALL GIVE NOTICE TO THE SCHOOL ATTENDED BY THE CHILD OF 7,202
THE CHILD'S COMMITMENT BY SENDING TO THAT SCHOOL A COPY OF THE 7,203
COURT'S JOURNAL ENTRY ORDERING THE COMMITMENT. AS SOON AS 7,204
POSSIBLE AFTER RECEIPT OF THE NOTICE DESCRIBED IN THIS DIVISION, 7,205
THE SCHOOL SHALL PROVIDE THE DEPARTMENT WITH THE CHILD'S SCHOOL 7,206
TRANSCRIPT. HOWEVER, THE DEPARTMENT SHALL NOT REFUSE TO ACCEPT A 7,207
CHILD COMMITTED TO IT, AND A CHILD COMMITTED TO IT SHALL NOT BE 7,208
HELD IN A COUNTY OR DISTRICT DETENTION FACILITY, BECAUSE OF A 7,209
SCHOOL'S FAILURE TO PROVIDE THE SCHOOL TRANSCRIPT THAT IT IS 7,211
REQUIRED TO PROVIDE UNDER THIS DIVISION.
(3) WITHIN FOURTEEN DAYS AFTER RELEASING A CHILD FROM AN 7,213
INSTITUTION UNDER ITS CONTROL, THE DEPARTMENT OF YOUTH SERVICES 7,214
SHALL PROVIDE THE COURT AND THE SCHOOL WITH AN UPDATED COPY OF 7,215
THE CHILD'S SCHOOL TRANSCRIPT AND A SUMMARY OF THE INSTITUTIONAL 7,216
RECORD OF THE CHILD. THE DEPARTMENT ALSO SHALL PROVIDE THE COURT 7,217
WITH A COPY OF ANY PORTION OF THE CHILD'S INSTITUTIONAL RECORD 7,219
THAT THE COURT SPECIFICALLY REQUESTS, WITHIN FIVE WORKING DAYS OF 7,220
THE REQUEST.
(E) AT ANY HEARING AT WHICH A CHILD IS ADJUDICATED A 7,222
DELINQUENT CHILD OR AS SOON AS POSSIBLE AFTER THE HEARING, THE 7,223
COURT SHALL NOTIFY ALL VICTIMS OF THE DELINQUENT ACT WHO MAY BE 7,224
ENTITLED TO A RECOVERY UNDER ANY OF THE FOLLOWING SECTIONS OF THE 7,225
RIGHT OF THE VICTIMS TO RECOVER, PURSUANT TO SECTION 3109.09 OF 7,226
163
THE REVISED CODE, COMPENSATORY DAMAGES FROM THE CHILD'S PARENTS; 7,227
OF THE RIGHT OF THE VICTIMS TO RECOVER, PURSUANT TO SECTION 7,229
3109.10 OF THE REVISED CODE, COMPENSATORY DAMAGES FROM THE 7,231
CHILD'S PARENTS FOR WILLFUL AND MALICIOUS ASSAULTS COMMITTED BY 7,232
THE CHILD; AND OF THE RIGHT OF THE VICTIMS TO RECOVER AN AWARD OF 7,233
REPARATIONS PURSUANT TO SECTIONS 2743.51 TO 2743.72 OF THE 7,234
REVISED CODE.
Sec. 2152.19. (A) IF A CHILD IS ADJUDICATED A DELINQUENT 7,236
CHILD FOR AN ACT THAT WOULD BE A FELONY OR A MISDEMEANOR IF 7,237
COMMITTED BY AN ADULT, THE COURT MAY MAKE ANY OF THE FOLLOWING 7,238
ORDERS OF DISPOSITION, IN ADDITION TO ANY OTHER DISPOSITION 7,240
AUTHORIZED OR REQUIRED BY THIS CHAPTER: 7,241
(1) ANY ORDER THAT IS AUTHORIZED BY SECTION 2151.353 OF 7,244
THE REVISED CODE FOR THE CARE AND PROTECTION OF AN ABUSED, 7,245
NEGLECTED, OR DEPENDENT CHILD, EXCEPT THAT THE COURT MAY NOT 7,248
COMMIT A CHILD WHO IS FOURTEEN YEARS OF AGE OR OLDER TO THE 7,249
TEMPORARY CUSTODY OF A PUBLIC CHILDREN SERVICES AGENCY IF THE 7,250
DELINQUENT ACT WOULD BE AN OFFENSE OF VIOLENCE IF COMMITTED BY AN 7,251
ADULT AND THE CHILD IS RECEIVING A SERIOUS YOUTHFUL OFFENDER 7,253
DISPOSITIONAL SENTENCE UNDER SECTION 2152.13 OF THE REVISED CODE
FOR THAT ACT;
(2) COMMIT THE CHILD TO THE TEMPORARY CUSTODY OF ANY 7,255
SCHOOL, CAMP, INSTITUTION, OR OTHER FACILITY OPERATED FOR THE 7,256
CARE OF DELINQUENT CHILDREN BY THE COUNTY, BY A DISTRICT 7,257
ORGANIZED UNDER SECTION 2152.41 OR 2151.65 OF THE REVISED CODE, 7,258
OR BY A PRIVATE AGENCY OR ORGANIZATION, WITHIN OR WITHOUT THE 7,259
STATE, THAT IS AUTHORIZED AND QUALIFIED TO PROVIDE THE CARE, 7,260
TREATMENT, OR PLACEMENT REQUIRED;
(3) PLACE THE CHILD ON COMMUNITY CONTROL UNDER ANY 7,262
SANCTIONS, SERVICES, AND CONDITIONS THAT THE COURT PRESCRIBES. 7,263
AS A CONDITION OF COMMUNITY CONTROL IN EVERY CASE AND IN ADDITION 7,264
TO ANY OTHER CONDITION THAT IT IMPOSES UPON THE CHILD, THE COURT 7,265
SHALL REQUIRE THE CHILD TO ABIDE BY THE LAW DURING THE PERIOD OF 7,266
COMMUNITY CONTROL. AS REFERRED TO IN THIS DIVISION, COMMUNITY 7,267
164
CONTROL INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING SANCTIONS 7,268
AND CONDITIONS:
(a) A PERIOD OF BASIC PROBATION SUPERVISION IN WHICH THE 7,270
CHILD IS REQUIRED TO MAINTAIN CONTACT WITH A PERSON APPOINTED TO 7,271
SUPERVISE THE CHILD IN ACCORDANCE WITH SANCTIONS IMPOSED BY THE 7,273
COURT;
(b) A PERIOD OF INTENSIVE PROBATION SUPERVISION IN WHICH 7,275
THE CHILD IS REQUIRED TO MAINTAIN FREQUENT CONTACT WITH A PERSON 7,276
APPOINTED BY THE COURT TO SUPERVISE THE CHILD WHILE THE CHILD IS 7,278
SEEKING OR MAINTAINING EMPLOYMENT AND PARTICIPATING IN TRAINING, 7,279
EDUCATION, AND TREATMENT PROGRAMS AS THE ORDER OF DISPOSITION; 7,280
(c) A PERIOD OF DAY REPORTING IN WHICH THE CHILD IS 7,282
REQUIRED EACH DAY TO REPORT TO AND LEAVE A CENTER OR ANOTHER 7,283
APPROVED REPORTING LOCATION AT SPECIFIED TIMES IN ORDER TO 7,285
PARTICIPATE IN WORK, EDUCATION OR TRAINING, TREATMENT, AND OTHER 7,286
APPROVED PROGRAMS AT THE CENTER OR OUTSIDE THE CENTER; 7,287
(d) A PERIOD OF COMMUNITY SERVICE OF UP TO FIVE HUNDRED 7,289
HOURS FOR AN ACT THAT WOULD BE A FELONY OR A MISDEMEANOR OF THE 7,290
FIRST DEGREE IF COMMITTED BY AN ADULT, UP TO TWO HUNDRED HOURS 7,292
FOR AN ACT THAT WOULD BE A MISDEMEANOR OF THE SECOND, THIRD, OR 7,293
FOURTH DEGREE IF COMMITTED BY AN ADULT, OR UP TO THIRTY HOURS FOR 7,294
AN ACT THAT WOULD BE A MINOR MISDEMEANOR IF COMMITTED BY AN 7,295
ADULT;
(e) A REQUIREMENT THAT THE CHILD OBTAIN A HIGH SCHOOL 7,297
DIPLOMA, A CERTIFICATE OF HIGH SCHOOL EQUIVALENCE, VOCATIONAL 7,298
TRAINING, OR EMPLOYMENT; 7,299
(f) A PERIOD OF DRUG AND ALCOHOL USE MONITORING; 7,301
(g) A REQUIREMENT OF ALCOHOL OR DRUG ASSESSMENT OR 7,303
COUNSELING, OR A PERIOD IN AN ALCOHOL OR DRUG TREATMENT PROGRAM 7,304
WITH A LEVEL OF SECURITY FOR THE CHILD AS DETERMINED NECESSARY BY 7,306
THE COURT;
(h) A PERIOD IN WHICH THE COURT ORDERS THE CHILD TO 7,308
OBSERVE A CURFEW THAT MAY INVOLVE DAYTIME OR EVENING HOURS; 7,309
(i) A REQUIREMENT THAT THE CHILD SERVE MONITORED TIME; 7,311
165
(j) A PERIOD OF HOUSE ARREST WITH OR WITHOUT ELECTRONIC 7,313
MONITORING; 7,314
(k) A PERIOD OF ELECTRONIC MONITORING WITHOUT HOUSE ARREST 7,316
OR ELECTRONICALLY MONITORED HOUSE ARREST THAT DOES NOT EXCEED THE 7,317
MAXIMUM SENTENCE OF IMPRISONMENT THAT COULD BE IMPOSED UPON AN 7,319
ADULT WHO COMMITS THE SAME ACT.
A PERIOD OF ELECTRONICALLY MONITORED HOUSE ARREST IMPOSED 7,321
UNDER THIS DIVISION SHALL NOT EXTEND BEYOND THE CHILD'S 7,322
TWENTY-FIRST BIRTHDAY. IF A COURT IMPOSES A PERIOD OF 7,324
ELECTRONICALLY MONITORED HOUSE ARREST UPON A CHILD UNDER THIS 7,325
DIVISION, IT SHALL REQUIRE THE CHILD: TO WEAR, OTHERWISE HAVE 7,326
ATTACHED TO THE CHILD'S PERSON, OR OTHERWISE BE SUBJECT TO 7,327
MONITORING BY A CERTIFIED ELECTRONIC MONITORING DEVICE OR TO 7,328
PARTICIPATE IN THE OPERATION OF AND MONITORING BY A CERTIFIED 7,329
ELECTRONIC MONITORING SYSTEM; TO REMAIN IN THE CHILD'S HOME OR 7,330
OTHER SPECIFIED PREMISES FOR THE ENTIRE PERIOD OF ELECTRONICALLY 7,331
MONITORED HOUSE ARREST EXCEPT WHEN THE COURT PERMITS THE CHILD TO 7,332
LEAVE THOSE PREMISES TO GO TO SCHOOL OR TO OTHER SPECIFIED 7,333
PREMISES; TO BE MONITORED BY A CENTRAL SYSTEM THAT CAN DETERMINE 7,334
THE CHILD'S LOCATION AT DESIGNATED TIMES; TO REPORT PERIODICALLY 7,335
TO A PERSON DESIGNATED BY THE COURT; AND TO ENTER INTO A WRITTEN 7,336
CONTRACT WITH THE COURT AGREEING TO COMPLY WITH ALL REQUIREMENTS 7,337
IMPOSED BY THE COURT, AGREEING TO PAY ANY FEE IMPOSED BY THE 7,338
COURT FOR THE COSTS OF THE ELECTRONICALLY MONITORED HOUSE ARREST, 7,339
AND AGREEING TO WAIVE THE RIGHT TO RECEIVE CREDIT FOR ANY TIME 7,340
SERVED ON ELECTRONICALLY MONITORED HOUSE ARREST TOWARD THE PERIOD 7,341
OF ANY OTHER DISPOSITIONAL ORDER IMPOSED UPON THE CHILD IF THE 7,342
CHILD VIOLATES ANY OF THE REQUIREMENTS OF THE DISPOSITIONAL ORDER 7,343
OF ELECTRONICALLY MONITORED HOUSE ARREST. THE COURT ALSO MAY 7,344
IMPOSE OTHER REASONABLE REQUIREMENTS UPON THE CHILD.
UNLESS ORDERED BY THE COURT, A CHILD SHALL NOT RECEIVE 7,346
CREDIT FOR ANY TIME SERVED ON ELECTRONICALLY MONITORED HOUSE 7,348
ARREST TOWARD ANY OTHER DISPOSITIONAL ORDER IMPOSED UPON THE 7,349
CHILD FOR THE ACT FOR WHICH WAS IMPOSED THE DISPOSITIONAL ORDER 7,350
166
OF ELECTRONICALLY MONITORED HOUSE ARREST.
(l) IN ADDITION TO ANY OTHER DISPOSITION AUTHORIZED OR 7,352
REQUIRED BY THIS CHAPTER, PLACE THE CHILD IN THE DETENTION 7,354
FACILITY THAT SERVES THE COUNTY FOR UP TO SIXTY DAYS IF THE CHILD 7,355
IS ADJUDICATED A DELINQUENT CHILD FOR COMMITTING AN ACT THAT 7,356
WOULD BE A FELONY IF COMMITTED BY AN ADULT OR FOR UP TO THIRTY 7,357
DAYS IF THE CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 7,358
COMMITTING AN ACT THAT WOULD BE A MISDEMEANOR OTHER THAN A MINOR 7,359
MISDEMEANOR IF COMMITTED BY AN ADULT. IF THE CHILD WAS HELD IN 7,361
DETENTION UNDER SECTION 2152.04 OF THE REVISED CODE IN RELATION
TO THE CHARGE FOR WHICH THE DISPOSITION WAS MADE, THE COURT SHALL 7,362
CREDIT THE TIME SO SPENT IN DETENTION FOR EVALUATION AGAINST ANY 7,363
COMMITMENT TO A DETENTION FACILITY MADE UNDER THIS DIVISION. IF 7,364
THE EVALUATION TIME UNDER SECTION 2152.04 OF THE REVISED CODE WAS 7,365
ORDERED AFTER THE DETENTION UNDER THE COMMITMENT MADE UNDER THIS 7,366
DIVISION, THE TIME SO SPENT IN DETENTION UNDER THIS DIVISION 7,367
SHALL BE CREDITED AGAINST THE EVALUATION PERIOD. NOTHING IN THIS 7,369
DIVISION LIMITS THE DUTIES OF A PARENT, GUARDIAN, OR CUSTODIAN OF 7,370
A CHILD OR OF A BOARD OF EDUCATION OR OTHER ENTITY TO PROVIDE FOR 7,371
THE CARE, PROTECTION, AND EDUCATION OF A CHILD WHO IS IN 7,372
DETENTION UNDER THIS DIVISION. NOTHING IN THIS DIVISION LIMITS 7,373
THE AUTHORITY OF THE COURT TO ORDER THE RELEASE OF THE CHILD WHEN 7,374
NECESSARY FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, THE 7,375
CHILD'S CARE, PROTECTION, OR EDUCATION. 7,376
(m) A SUSPENSION OF THE DRIVER'S LICENSE, PROBATIONARY 7,378
DRIVER'S LICENSE, OR TEMPORARY INSTRUCTION PERMIT ISSUED TO THE 7,379
CHILD OR A SUSPENSION OF THE REGISTRATION OF ALL MOTOR VEHICLES 7,381
REGISTERED IN THE NAME OF THE CHILD. A CHILD WHOSE LICENSE OR 7,382
PERMIT IS SO SUSPENDED IS INELIGIBLE FOR ISSUANCE OF A LICENSE OR 7,383
PERMIT DURING THE PERIOD OF SUSPENSION. AT THE END OF THE PERIOD 7,384
OF SUSPENSION, THE CHILD SHALL NOT BE REISSUED A LICENSE OR 7,385
PERMIT UNTIL THE CHILD HAS PAID ANY APPLICABLE REINSTATEMENT FEE 7,386
AND COMPLIED WITH ALL REQUIREMENTS GOVERNING LICENSE 7,387
REINSTATEMENT.
167
(4) COMMIT THE CHILD TO THE CUSTODY OF THE COURT; 7,390
(5) MAKE ANY FURTHER DISPOSITION THAT THE COURT FINDS 7,392
PROPER, EXCEPT THAT THE CHILD SHALL NOT BE PLACED IN ANY OF THE 7,393
FOLLOWING:
(a) A STATE CORRECTIONAL INSTITUTION, A COUNTY, 7,395
MULTICOUNTY, OR MUNICIPAL JAIL OR WORKHOUSE, OR ANOTHER PLACE IN 7,396
WHICH AN ADULT CONVICTED OF A CRIME, UNDER ARREST, OR CHARGED 7,397
WITH A CRIME IS HELD; 7,398
(b) A COMMUNITY CORRECTIONS FACILITY, IF THE CHILD WOULD 7,400
BE COVERED BY THE DEFINITION OF PUBLIC SAFETY BEDS FOR PURPOSES 7,401
OF SECTIONS 5139.41 TO 5139.45 OF THE REVISED CODE IF THE COURT 7,402
EXERCISED ITS AUTHORITY TO COMMIT THE CHILD TO THE LEGAL CUSTODY 7,403
OF THE DEPARTMENT OF YOUTH SERVICES FOR INSTITUTIONALIZATION OR 7,405
INSTITUTIONALIZATION IN A SECURE FACILITY PURSUANT TO THIS
CHAPTER.
(B) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD, IN 7,407
ADDITION TO ANY ORDER OF DISPOSITION MADE UNDER DIVISION (A) OF 7,408
THIS SECTION, THE COURT, IN THE FOLLOWING SITUATIONS, SHALL 7,410
SUSPEND THE CHILD'S TEMPORARY INSTRUCTION PERMIT, RESTRICTED 7,411
LICENSE, PROBATIONARY DRIVER'S LICENSE, OR NONRESIDENT OPERATING 7,412
PRIVILEGE, OR SUSPEND THE CHILD'S ABILITY TO OBTAIN SUCH A 7,413
PERMIT:
(1) THE CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 7,415
VIOLATING SECTION 2923.122 OF THE REVISED CODE, WITH THE 7,416
SUSPENSION AND DENIAL BEING IN ACCORDANCE WITH DIVISION 7,417
(E)(1)(a), (c), (d), OR (e) OF SECTION 2923.122 OF THE REVISED 7,419
CODE.
(2) THE CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 7,421
COMMITTING AN ACT THAT IF COMMITTED BY AN ADULT WOULD BE A DRUG 7,422
ABUSE OFFENSE OR FOR VIOLATING DIVISION (B) OF SECTION 2917.11 OF 7,424
THE REVISED CODE, WITH THE SUSPENSION CONTINUING UNTIL THE CHILD 7,425
ATTENDS AND SATISFACTORILY COMPLETES A DRUG ABUSE OR ALCOHOL 7,426
ABUSE EDUCATION, INTERVENTION, OR TREATMENT PROGRAM SPECIFIED BY 7,427
THE COURT. DURING THE TIME THE CHILD IS ATTENDING THE PROGRAM, 7,428
168
THE COURT SHALL RETAIN ANY TEMPORARY INSTRUCTION PERMIT, 7,429
PROBATIONARY DRIVER'S LICENSE, OR DRIVER'S LICENSE ISSUED TO THE 7,430
CHILD, AND THE COURT SHALL RETURN THE PERMIT OR LICENSE WHEN THE 7,431
CHILD SATISFACTORILY COMPLETES THE PROGRAM.
(C) THE COURT MAY ESTABLISH A VICTIM-OFFENDER MEDIATION 7,433
PROGRAM IN WHICH VICTIMS AND THEIR OFFENDERS MEET TO DISCUSS THE 7,434
OFFENSE AND SUGGEST POSSIBLE RESTITUTION. IF THE COURT OBTAINS 7,435
THE ASSENT OF THE VICTIM OF THE DELINQUENT ACT COMMITTED BY THE 7,436
CHILD, THE COURT MAY REQUIRE THE CHILD TO PARTICIPATE IN THE 7,437
PROGRAM.
(D)(1) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 7,439
COMMITTING AN ACT THAT WOULD BE A FELONY IF COMMITTED BY AN ADULT 7,440
AND IF THE CHILD CAUSED, ATTEMPTED TO CAUSE, THREATENED TO CAUSE, 7,442
OR CREATED A RISK OF PHYSICAL HARM TO THE VICTIM OF THE ACT, THE 7,443
COURT, PRIOR TO ISSUING AN ORDER OF DISPOSITION UNDER THIS 7,444
SECTION, SHALL ORDER THE PREPARATION OF A VICTIM IMPACT STATEMENT 7,445
BY THE PROBATION DEPARTMENT OF THE COUNTY IN WHICH THE VICTIM OF 7,446
THE ACT RESIDES, BY THE COURT'S OWN PROBATION DEPARTMENT, OR BY A
VICTIM ASSISTANCE PROGRAM THAT IS OPERATED BY THE STATE, A 7,447
COUNTY, A MUNICIPAL CORPORATION, OR ANOTHER GOVERNMENTAL ENTITY. 7,448
THE COURT SHALL CONSIDER THE VICTIM IMPACT STATEMENT IN 7,449
DETERMINING THE ORDER OF DISPOSITION TO ISSUE FOR THE CHILD. 7,450
(2) EACH VICTIM IMPACT STATEMENT SHALL IDENTIFY THE VICTIM 7,452
OF THE ACT FOR WHICH THE CHILD WAS ADJUDICATED A DELINQUENT 7,453
CHILD, ITEMIZE ANY ECONOMIC LOSS SUFFERED BY THE VICTIM AS A 7,454
RESULT OF THE ACT, IDENTIFY ANY PHYSICAL INJURY SUFFERED BY THE 7,455
VICTIM AS A RESULT OF THE ACT AND THE SERIOUSNESS AND PERMANENCE 7,456
OF THE INJURY, IDENTIFY ANY CHANGE IN THE VICTIM'S PERSONAL 7,457
WELFARE OR FAMILIAL RELATIONSHIPS AS A RESULT OF THE ACT AND ANY 7,458
PSYCHOLOGICAL IMPACT EXPERIENCED BY THE VICTIM OR THE VICTIM'S 7,459
FAMILY AS A RESULT OF THE ACT, AND CONTAIN ANY OTHER INFORMATION 7,461
RELATED TO THE IMPACT OF THE ACT UPON THE VICTIM THAT THE COURT 7,462
REQUIRES.
(3) A VICTIM IMPACT STATEMENT SHALL BE KEPT CONFIDENTIAL 7,464
169
AND IS NOT A PUBLIC RECORD. HOWEVER, THE COURT MAY FURNISH 7,465
COPIES OF THE STATEMENT TO THE DEPARTMENT OF YOUTH SERVICES IF 7,466
THE DELINQUENT CHILD IS COMMITTED TO THE DEPARTMENT OR TO BOTH 7,467
THE ADJUDICATED DELINQUENT CHILD OR THE ADJUDICATED DELINQUENT 7,468
CHILD'S COUNSEL AND THE PROSECUTING ATTORNEY. THE COPY OF A 7,469
VICTIM IMPACT STATEMENT FURNISHED BY THE COURT TO THE DEPARTMENT 7,470
PURSUANT TO THIS SECTION SHALL BE KEPT CONFIDENTIAL AND IS NOT A 7,471
PUBLIC RECORD. THE COPIES OF A VICTIM IMPACT STATEMENT THAT ARE 7,472
MADE AVAILABLE TO THE ADJUDICATED DELINQUENT CHILD OR THE
ADJUDICATED DELINQUENT CHILD'S COUNSEL AND THE PROSECUTING 7,473
ATTORNEY PURSUANT TO THIS DIVISION SHALL BE RETURNED TO THE COURT 7,474
BY THE PERSON TO WHOM THEY WERE MADE AVAILABLE IMMEDIATELY 7,475
FOLLOWING THE IMPOSITION OF AN ORDER OF DISPOSITION FOR THE CHILD 7,476
UNDER THIS CHAPTER.
(4) THE DEPARTMENT OF YOUTH SERVICES SHALL WORK WITH LOCAL 7,478
PROBATION DEPARTMENTS AND VICTIM ASSISTANCE PROGRAMS TO DEVELOP A 7,479
STANDARD VICTIM IMPACT STATEMENT. 7,480
(E)(1) DURING THE PERIOD OF A DELINQUENT CHILD'S COMMUNITY 7,482
CONTROL GRANTED UNDER THIS SECTION, AUTHORIZED PROBATION OFFICERS 7,483
WHO ARE ENGAGED WITHIN THE SCOPE OF THEIR SUPERVISORY DUTIES OR 7,485
RESPONSIBILITIES MAY SEARCH, WITH OR WITHOUT A WARRANT, THE
PERSON OF THE DELINQUENT CHILD, THE PLACE OF RESIDENCE OF THE 7,486
DELINQUENT CHILD, AND A MOTOR VEHICLE, ANOTHER ITEM OF TANGIBLE 7,487
OR INTANGIBLE PERSONAL PROPERTY, OR OTHER REAL PROPERTY IN WHICH 7,488
THE DELINQUENT CHILD HAS A RIGHT, TITLE, OR INTEREST OR FOR WHICH 7,489
THE DELINQUENT CHILD HAS THE EXPRESS OR IMPLIED PERMISSION OF A 7,490
PERSON WITH A RIGHT, TITLE, OR INTEREST TO USE, OCCUPY, OR 7,491
POSSESS IF THE PROBATION OFFICERS HAVE REASONABLE GROUNDS TO 7,492
BELIEVE THAT THE DELINQUENT CHILD IS NOT ABIDING BY THE LAW OR 7,493
OTHERWISE IS NOT COMPLYING WITH THE CONDITIONS OF THE DELINQUENT 7,494
CHILD'S COMMUNITY CONTROL. THE COURT THAT PLACES A DELINQUENT 7,495
CHILD ON COMMUNITY CONTROL UNDER THIS SECTION SHALL PROVIDE THE 7,496
DELINQUENT CHILD WITH A WRITTEN NOTICE THAT INFORMS THE 7,497
DELINQUENT CHILD THAT AUTHORIZED PROBATION OFFICERS WHO ARE
170
ENGAGED WITHIN THE SCOPE OF THEIR SUPERVISORY DUTIES OR 7,498
RESPONSIBILITIES MAY CONDUCT THOSE TYPES OF SEARCHES DURING THE 7,499
PERIOD OF COMMUNITY CONTROL IF THEY HAVE REASONABLE GROUNDS TO 7,500
BELIEVE THAT THE DELINQUENT CHILD IS NOT ABIDING BY THE LAW OR 7,501
OTHERWISE IS NOT COMPLYING WITH THE CONDITIONS OF THE DELINQUENT 7,502
CHILD'S COMMUNITY CONTROL. THE COURT ALSO SHALL PROVIDE THE 7,503
WRITTEN NOTICE DESCRIBED IN DIVISION (E)(2) OF THIS SECTION TO 7,504
EACH PARENT, GUARDIAN, OR CUSTODIAN OF THE DELINQUENT CHILD WHO 7,505
IS DESCRIBED IN THAT DIVISION. 7,507
(2) THE COURT THAT PLACES A CHILD ON COMMUNITY CONTROL 7,509
UNDER THIS SECTION SHALL PROVIDE THE CHILD'S PARENT, GUARDIAN, OR 7,510
OTHER CUSTODIAN WITH A WRITTEN NOTICE THAT INFORMS THEM THAT 7,511
AUTHORIZED PROBATION OFFICERS MAY CONDUCT SEARCHES PURSUANT TO 7,512
DIVISION (E)(1) OF THIS SECTION. THE NOTICE SHALL SPECIFICALLY 7,513
STATE THAT A PERMISSIBLE SEARCH MIGHT EXTEND TO A MOTOR VEHICLE, 7,514
ANOTHER ITEM OF TANGIBLE OR INTANGIBLE PERSONAL PROPERTY, OR A 7,515
PLACE OF RESIDENCE OR OTHER REAL PROPERTY IN WHICH A NOTIFIED 7,516
PARENT, GUARDIAN, OR CUSTODIAN HAS A RIGHT, TITLE, OR INTEREST 7,517
AND THAT THE PARENT, GUARDIAN, OR CUSTODIAN EXPRESSLY OR 7,518
IMPLIEDLY PERMITS THE CHILD TO USE, OCCUPY, OR POSSESS. 7,519
Sec. 2152.20. (A) IF A CHILD IS ADJUDICATED A DELINQUENT 7,521
CHILD OR A JUVENILE TRAFFIC OFFENDER, THE COURT MAY ORDER ANY OF 7,522
THE FOLLOWING DISPOSITIONS, IN ADDITION TO ANY OTHER DISPOSITION 7,523
AUTHORIZED OR REQUIRED BY THIS CHAPTER: 7,524
(1) IMPOSE A FINE IN ACCORDANCE WITH THE FOLLOWING 7,526
SCHEDULE:
(a) FOR AN ACT THAT WOULD BE A MINOR MISDEMEANOR OR AN 7,528
UNCLASSIFIED MISDEMEANOR IF COMMITTED BY AN ADULT, A FINE NOT TO 7,529
EXCEED FIFTY DOLLARS; 7,530
(b) FOR AN ACT THAT WOULD BE A MISDEMEANOR OF THE FOURTH 7,532
DEGREE IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED ONE HUNDRED 7,533
DOLLARS; 7,534
(c) FOR AN ACT THAT WOULD BE A MISDEMEANOR OF THE THIRD 7,536
DEGREE IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED ONE HUNDRED 7,537
171
FIFTY DOLLARS; 7,538
(d) FOR AN ACT THAT WOULD BE A MISDEMEANOR OF THE SECOND 7,540
DEGREE IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED TWO HUNDRED 7,541
DOLLARS; 7,542
(e) FOR AN ACT THAT WOULD BE A MISDEMEANOR OF THE FIRST 7,544
DEGREE IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED TWO HUNDRED 7,545
FIFTY DOLLARS; 7,546
(f) FOR AN ACT THAT WOULD BE A FELONY OF THE FIFTH DEGREE 7,548
OR AN UNCLASSIFIED FELONY IF COMMITTED BY AN ADULT, A FINE NOT TO 7,549
EXCEED THREE HUNDRED DOLLARS; 7,550
(g) FOR AN ACT THAT WOULD BE A FELONY OF THE FOURTH DEGREE 7,552
IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED FOUR HUNDRED 7,553
DOLLARS;
(h) FOR AN ACT THAT WOULD BE A FELONY OF THE THIRD DEGREE 7,555
IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED SEVEN HUNDRED 7,556
FIFTY DOLLARS;
(i) FOR AN ACT THAT WOULD BE A FELONY OF THE SECOND DEGREE 7,558
IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED ONE THOUSAND 7,559
DOLLARS;
(j) FOR AN ACT THAT WOULD BE A FELONY OF THE FIRST DEGREE 7,561
IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED ONE THOUSAND FIVE 7,562
HUNDRED DOLLARS; 7,563
(k) FOR AN ACT THAT WOULD BE AGGRAVATED MURDER OR MURDER 7,565
IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED TWO THOUSAND 7,566
DOLLARS.
(2) REQUIRE THE CHILD TO PAY COSTS; 7,568
(3) REQUIRE THE CHILD TO MAKE RESTITUTION TO THE VICTIM OF 7,570
THE CHILD'S DELINQUENT ACT OR, IF THE VICTIM IS DECEASED, TO A 7,571
SURVIVOR OF THE VICTIM IN AN AMOUNT BASED UPON THE VICTIM'S 7,572
ECONOMIC LOSS CAUSED BY OR RELATED TO THE DELINQUENT ACT. 7,573
RESTITUTION REQUIRED UNDER THIS DIVISION SHALL BE MADE DIRECTLY 7,574
TO THE VICTIM IN OPEN COURT OR TO THE PROBATION DEPARTMENT THAT 7,575
SERVES THE JURISDICTION OR THE CLERK OF COURTS ON BEHALF OF THE 7,576
VICTIM. THE RESTITUTION MAY INCLUDE REIMBURSEMENT TO THIRD 7,577
172
PARTIES, OTHER THAN THE DELINQUENT CHILD'S INSURER, FOR AMOUNTS 7,578
PAID TO THE VICTIM OR TO ANY SURVIVOR OF THE VICTIM FOR ECONOMIC 7,579
LOSS RESULTING FROM THE DELINQUENT ACT. IF REIMBURSEMENT TO A 7,580
THIRD PARTY IS REQUIRED, THE REIMBURSEMENT SHALL BE MADE TO ANY 7,581
GOVERNMENTAL AGENCY TO REPAY ANY AMOUNTS THE AGENCY PAID TO THE 7,582
VICTIM OR ANY SURVIVOR OF THE VICTIM BEFORE ANY REIMBURSEMENT IS 7,583
MADE TO ANY OTHER PERSON.
RESTITUTION REQUIRED UNDER THIS DIVISION MAY BE IN THE FORM 7,585
OF A CASH REIMBURSEMENT PAID IN A LUMP SUM OR IN INSTALLMENTS, 7,586
THE PERFORMANCE OF REPAIR WORK TO RESTORE ANY DAMAGED PROPERTY TO 7,587
ITS ORIGINAL CONDITION, THE PERFORMANCE OF A REASONABLE AMOUNT OF 7,588
LABOR FOR THE VICTIM OR SURVIVOR OF THE VICTIM, THE PERFORMANCE 7,589
OF COMMUNITY SERVICE WORK, ANY OTHER FORM OF RESTITUTION DEVISED 7,590
BY THE COURT, OR ANY COMBINATION OF THE PREVIOUSLY DESCRIBED 7,591
FORMS OF RESTITUTION. 7,592
THE COURT MAY BASE THE RESTITUTION ORDER UNDER THIS 7,594
DIVISION ON AN AMOUNT RECOMMENDED BY THE VICTIM OR SURVIVOR OF 7,595
THE VICTIM, THE DELINQUENT CHILD, A PRESENTENCE INVESTIGATION 7,596
REPORT, ESTIMATES OR RECEIPTS INDICATING THE COST OF REPAIRING OR 7,597
REPLACING PROPERTY, AND ANY OTHER INFORMATION. IF THE AMOUNT OF 7,598
THE RESTITUTION IS DISPUTED BY THE VICTIM OR SURVIVOR OR BY THE 7,599
DELINQUENT CHILD, THE COURT SHALL HOLD A HEARING ON THE 7,600
RESTITUTION. THE COURT SHALL DETERMINE, OR ORDER THE 7,601
DETERMINATION OF, THE AMOUNT OF RESTITUTION TO BE PAID BY THE 7,602
DELINQUENT CHILD. ALL RESTITUTION PAYMENTS SHALL BE CREDITED 7,603
AGAINST ANY RECOVERY OF ECONOMIC LOSS IN A CIVIL ACTION BROUGHT 7,604
BY OR ON BEHALF OF THE VICTIM AGAINST THE DELINQUENT CHILD OR THE 7,605
DELINQUENT CHILD'S PARENT, GUARDIAN, OR OTHER CUSTODIAN. 7,606
THE COURT MAY ORDER THAT THE DELINQUENT CHILD PAY A 7,608
SURCHARGE, IN AN AMOUNT NOT EXCEEDING FIVE PER CENT OF THE AMOUNT 7,609
OF RESTITUTION OTHERWISE ORDERED UNDER THIS DIVISION, TO THE 7,610
ENTITY RESPONSIBLE FOR COLLECTING AND PROCESSING THE RESTITUTION 7,611
PAYMENTS.
THE VICTIM OR THE SURVIVOR OF THE VICTIM MAY REQUEST THAT 7,613
173
THE PROSECUTING AUTHORITY FILE A MOTION, OR THE DELINQUENT CHILD 7,614
MAY FILE A MOTION, FOR MODIFICATION OF THE PAYMENT TERMS OF ANY 7,615
RESTITUTION ORDERED UNDER THIS DIVISION, BASED ON A SUBSTANTIAL 7,616
CHANGE IN THE DELINQUENT CHILD'S ABILITY TO PAY. 7,617
(4) REQUIRE THE CHILD TO REIMBURSE ANY OR ALL OF THE COSTS 7,619
INCURRED FOR SERVICES OR SANCTIONS PROVIDED OR IMPOSED, 7,620
INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: 7,621
(a) ALL OR PART OF THE COSTS OF IMPLEMENTING ANY COMMUNITY 7,623
CONTROL IMPOSED AS A DISPOSITION UNDER SECTION 2152.19 OF THE 7,624
REVISED CODE, INCLUDING A SUPERVISION FEE; 7,625
(b) ALL OR PART OF THE COSTS OF CONFINEMENT IN A 7,627
RESIDENTIAL FACILITY DESCRIBED IN SECTION 2152.19 OF THE REVISED 7,628
CODE OR IN A DEPARTMENT OF YOUTH SERVICES INSTITUTION, INCLUDING, 7,629
BUT NOT LIMITED TO, A PER DIEM FEE FOR ROOM AND BOARD, THE COSTS 7,630
OF MEDICAL AND DENTAL TREATMENT PROVIDED, AND THE COSTS OF 7,631
REPAIRING PROPERTY THE DELINQUENT CHILD DAMAGED WHILE SO 7,632
CONFINED. THE AMOUNT OF REIMBURSEMENT ORDERED FOR A CHILD UNDER 7,633
THIS DIVISION SHALL NOT EXCEED THE TOTAL AMOUNT OF REIMBURSEMENT 7,635
THE CHILD IS ABLE TO PAY AS DETERMINED AT A HEARING AND SHALL NOT 7,636
EXCEED THE ACTUAL COST OF THE CONFINEMENT. THE COURT MAY COLLECT
ANY REIMBURSEMENT ORDERED UNDER THIS DIVISION. IF THE COURT DOES 7,638
NOT ORDER REIMBURSEMENT UNDER THIS DIVISION, CONFINEMENT COSTS 7,639
MAY BE ASSESSED PURSUANT TO A REPAYMENT POLICY ADOPTED UNDER
DIVISION (E) OF SECTION 307.93, DIVISION (A) OF SECTION 341.06, 7,641
DIVISION (D) OF SECTION 341.23, OR DIVISION (C) OF SECTION 7,642
753.02, 753.04, 2301.56, OR 2947.19 OF THE REVISED CODE. 7,643
(B)(1) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 7,645
VIOLATING SECTION 2923.32 OF THE REVISED CODE, THE COURT SHALL 7,646
ENTER AN ORDER OF CRIMINAL FORFEITURE AGAINST THE CHILD IN 7,647
ACCORDANCE WITH DIVISIONS (B)(3), (4), (5), AND (6) AND (C) TO 7,648
(F) OF SECTION 2923.32 OF THE REVISED CODE. 7,650
(2) SECTIONS 2925.41 TO 2925.45 OF THE REVISED CODE APPLY 7,653
TO CHILDREN WHO ARE ADJUDICATED OR COULD BE ADJUDICATED BY A
JUVENILE COURT TO BE DELINQUENT CHILDREN FOR AN ACT THAT, IF 7,654
174
COMMITTED BY AN ADULT, WOULD BE A FELONY DRUG ABUSE OFFENSE. 7,655
SUBJECT TO DIVISION (B) OF SECTION 2925.42 AND DIVISION (E) OF 7,656
SECTION 2925.43 OF THE REVISED CODE, A DELINQUENT CHILD OF THAT 7,658
NATURE LOSES ANY RIGHT TO THE POSSESSION OF, AND FORFEITS TO THE 7,659
STATE ANY RIGHT, TITLE, AND INTEREST THAT THE DELINQUENT CHILD
MAY HAVE IN, PROPERTY AS DEFINED IN SECTION 2925.41 OF THE 7,660
REVISED CODE AND FURTHER DESCRIBED IN SECTION 2925.42 OR 2925.43 7,661
OF THE REVISED CODE. 7,662
(3) SECTIONS 2923.44 TO 2923.47 OF THE REVISED CODE APPLY 7,665
TO CHILDREN WHO ARE ADJUDICATED OR COULD BE ADJUDICATED BY A
JUVENILE COURT TO BE DELINQUENT CHILDREN FOR AN ACT IN VIOLATION 7,666
OF SECTION 2923.42 OF THE REVISED CODE. SUBJECT TO DIVISION (B) 7,667
OF SECTION 2923.44 AND DIVISION (E) OF SECTION 2923.45 OF THE 7,669
REVISED CODE, A DELINQUENT CHILD OF THAT NATURE LOSES ANY RIGHT
TO THE POSSESSION OF, AND FORFEITS TO THE STATE ANY RIGHT, TITLE, 7,670
AND INTEREST THAT THE DELINQUENT CHILD MAY HAVE IN, PROPERTY AS 7,672
DEFINED IN SECTION 2923.41 OF THE REVISED CODE AND FURTHER 7,673
DESCRIBED IN SECTION 2923.44 OR 2923.45 OF THE REVISED CODE. 7,674
(C) THE COURT MAY HOLD A HEARING IF NECESSARY TO DETERMINE 7,676
WHETHER A CHILD IS ABLE TO PAY A SANCTION UNDER THIS SECTION. 7,677
(D) IF A CHILD WHO IS ADJUDICATED A DELINQUENT CHILD IS 7,679
INDIGENT, THE COURT SHALL CONSIDER IMPOSING A TERM OF COMMUNITY 7,680
SERVICE UNDER DIVISION (A) OF SECTION 2152.19 OF THE REVISED CODE 7,681
IN LIEU OF IMPOSING A FINANCIAL SANCTION UNDER THIS SECTION. IF 7,682
A CHILD WHO IS ADJUDICATED A DELINQUENT CHILD IS NOT INDIGENT, 7,683
THE COURT MAY IMPOSE A TERM OF COMMUNITY SERVICE UNDER THAT 7,684
DIVISION IN LIEU OF, OR IN ADDITION TO, IMPOSING A FINANCIAL 7,685
SANCTION UNDER THIS SECTION. THE COURT MAY ORDER COMMUNITY 7,686
SERVICE FOR AN ACT THAT IF COMMITTED BY AN ADULT WOULD BE A MINOR 7,687
MISDEMEANOR.
IF A CHILD FAILS TO PAY A FINANCIAL SANCTION IMPOSED UNDER 7,689
THIS SECTION, THE COURT MAY IMPOSE A TERM OF COMMUNITY SERVICE IN 7,690
LIEU OF THE SANCTION. 7,691
(E) THE CLERK OF THE COURT, OR ANOTHER PERSON AUTHORIZED 7,693
175
BY LAW OR BY THE COURT TO COLLECT A FINANCIAL SANCTION IMPOSED 7,694
UNDER THIS SECTION, MAY DO ANY OF THE FOLLOWING: 7,695
(1) ENTER INTO CONTRACTS WITH ONE OR MORE PUBLIC AGENCIES 7,697
OR PRIVATE VENDORS FOR THE COLLECTION OF THE AMOUNTS DUE UNDER 7,698
THE FINANCIAL SANCTION, WHICH AMOUNTS MAY INCLUDE INTEREST FROM 7,699
THE DATE OF IMPOSITION OF THE FINANCIAL SANCTION; 7,700
(2) PERMIT PAYMENT OF ALL, OR ANY PORTION OF, THE 7,702
FINANCIAL SANCTION IN INSTALLMENTS, BY CREDIT OR DEBIT CARD, BY 7,703
ANOTHER TYPE OF ELECTRONIC TRANSFER, OR BY ANY OTHER REASONABLE 7,704
METHOD, WITHIN ANY PERIOD OF TIME, AND ON ANY TERMS THAT THE 7,705
COURT CONSIDERS JUST, EXCEPT THAT THE MAXIMUM TIME PERMITTED FOR 7,706
PAYMENT SHALL NOT EXCEED FIVE YEARS. THE CLERK MAY PAY ANY FEE 7,707
ASSOCIATED WITH PROCESSING AN ELECTRONIC TRANSFER OUT OF PUBLIC 7,708
MONEY AND MAY CHARGE THE FEE TO THE DELINQUENT CHILD. 7,710
(3) TO DEFRAY ADMINISTRATIVE COSTS, CHARGE A REASONABLE 7,712
FEE TO A CHILD WHO ELECTS A PAYMENT PLAN RATHER THAN A LUMP SUM 7,713
PAYMENT OF A FINANCIAL SANCTION. 7,714
Sec. 2151.356 2152.21. (A) Unless division (C) of this 7,723
section applies, if a child is adjudicated a juvenile traffic 7,724
offender, the court may make any of the following orders of 7,725
disposition:
(1) Impose a fine and costs AND ONE OR MORE FINANCIAL 7,727
SANCTIONS in accordance with the schedule set forth in section 7,729
2151.3512 2152.20 of the Revised Code;
(2) Suspend the child's driver's license, probationary 7,731
driver's license, or temporary instruction permit or the 7,733
registration of all motor vehicles registered in the name of the 7,734
child for the A DEFINITE period that the court prescribes NOT 7,735
EXCEEDING TWO YEARS. A child whose license or permit is so 7,736
suspended is ineligible for issuance of a license or permit 7,737
during the period of suspension. At the end of the period of
suspension, the child shall not be reissued a license or permit 7,738
until the child has paid any applicable reinstatement fee and 7,740
complied with all requirements governing license reinstatement. 7,741
176
(3) Revoke the child's driver's license, probationary 7,743
driver's license, or temporary instruction permit or the 7,744
registration of all motor vehicles registered in the name of the 7,746
child. A child whose license or permit is so revoked is 7,747
ineligible for issuance of a license or permit during the period 7,748
of revocation. At the end of the period of revocation, the child 7,749
shall not be reissued a license or permit until the child has 7,751
paid any applicable reinstatement fee and complied with all
requirements governing license reinstatement. 7,752
(4) Place the child on probation COMMUNITY CONTROL; 7,754
(5)(4) Require the child to make restitution for all OR 7,756
PART OF THE damages caused by the child's traffic violation or 7,758
any part of the damages; 7,759
(6)(5)(a) If the child is adjudicated a juvenile traffic 7,761
offender for committing a violation of division (A) of section 7,763
4511.19 of the Revised Code or of a municipal ordinance that is 7,764
substantially comparable EQUIVALENT to that division, commit the 7,765
child, for not longer than five days, to EITHER OF THE FOLLOWING: 7,766
(i) TO the temporary custody of a detention home FACILITY 7,769
or district detention home FACILITY established under section 7,771
2151.34 2152.41 of the Revised Code, or to; 7,772
(ii) TO the temporary custody of any school, camp, 7,775
institution, or other facility for children operated in whole or 7,776
in part for the care of juvenile traffic offenders of that nature 7,777
by the county, by a district organized under section 2151.34 7,778
2152.41 or 2151.65 of the Revised Code, or by a private agency or 7,780
organization within the state that is authorized and qualified to 7,781
provide the care, treatment, or placement required. If
(b) IF an order of disposition committing a child to the 7,784
temporary custody of a home, school, camp, institution, or other 7,785
facility of that nature is made under division (A)(6)(5)(a) of 7,786
this section, the length of the commitment shall not be reduced 7,788
or diminished as a credit for any time that the child was held in 7,789
a place of detention or shelter care, or otherwise was detained, 7,790
177
prior to entry of the order of disposition.
(7)(6) If, after making a disposition under divisions 7,792
(A)(1) to (6)(5) of this section, the court finds upon further 7,793
hearing that the child has failed to comply with the orders of 7,794
the court and the child's operation of a motor vehicle 7,795
constitutes the child a danger to the child and to others, the 7,797
court may make any disposition authorized by divisions (A)(1), 7,798
(A)(2)(3), (A)(7) to (A)(10)(4), and (A)(21)(5) of section 7,800
2151.355 2152.19 of the Revised Code, except that the child may 7,801
not be committed to or placed in a secure correctional facility 7,802
unless authorized by division (A)(6)(5) of this section, and 7,803
commitment to or placement in a detention home FACILITY may not 7,805
exceed twenty-four hours.
(B) If a child is adjudicated a juvenile traffic offender 7,807
for violating division (A) OR (B) of section 4511.19 of the 7,809
Revised Code, IN ADDITION TO ANY ORDER OF DISPOSITION MADE UNDER 7,810
DIVISION (A) OF THIS SECTION, the court shall suspend or revoke 7,811
the temporary instruction permit, probationary driver's license, 7,813
or driver's license issued to the child for a DEFINITE period of 7,814
time prescribed by the court AT LEAST THREE MONTHS BUT NOT MORE 7,815
THAN TWO YEARS or, at the discretion of the court, until the 7,816
child attends and satisfactorily completes a drug abuse or 7,817
alcohol abuse education, intervention, or treatment program 7,818
specified by the court. During the time the child is attending 7,819
the program, the court shall retain any temporary instruction 7,820
permit, probationary driver's license, or driver's license issued 7,821
to the child and shall return the permit or license when the 7,823
child satisfactorily completes the program. If a child is 7,824
adjudicated a juvenile traffic offender for violating division 7,825
(B) of section 4511.19 of the Revised Code, the court shall 7,826
suspend the temporary instruction permit, probationary driver's 7,827
license, or driver's license issued to the child for a period of 7,828
not less than sixty days nor more than two years. 7,830
(C) If a child is adjudicated a juvenile traffic offender 7,832
178
for violating division (B)(1) or (2) of section 4513.263 of the 7,834
Revised Code, the court shall impose the appropriate fine set
forth in section 4513.99 of the Revised Code. If a child is 7,835
adjudicated a juvenile traffic offender for violating division 7,837
(B)(3) of section 4513.263 of the Revised Code and if the child 7,838
is sixteen years of age or older, the court shall impose the fine 7,839
set forth in division (G) of section 4513.99 of the Revised Code. 7,840
If a child is adjudicated a juvenile traffic offender for 7,841
violating division (B)(3) of section 4513.263 of the Revised Code 7,842
and if the child is under sixteen years of age, the court shall 7,843
not impose a fine but may place the child on probation. 7,844
(D) A juvenile traffic offender is subject to sections 7,846
4509.01 to 4509.78 of the Revised Code. 7,847
Sec. 2152.22. (A) WHEN A CHILD IS COMMITTED TO THE LEGAL 7,849
CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES UNDER THIS CHAPTER, 7,850
THE JUVENILE COURT RELINQUISHES CONTROL WITH RESPECT TO THE CHILD 7,851
SO COMMITTED, EXCEPT AS PROVIDED IN DIVISIONS (B), (C), AND (G) 7,853
OF THIS SECTION. SUBJECT TO DIVISIONS (B) AND (C) OF THIS 7,854
SECTION, SECTIONS 2151.353 AND 2151.412 TO 2151.421 OF THE 7,855
REVISED CODE, AND ANY OTHER PROVISION OF LAW THAT SPECIFIES A 7,856
DIFFERENT DURATION FOR A DISPOSITIONAL ORDER, ALL OTHER 7,857
DISPOSITIONAL ORDERS MADE BY THE COURT UNDER THIS CHAPTER SHALL 7,858
BE TEMPORARY AND SHALL CONTINUE FOR A PERIOD THAT IS DESIGNATED 7,860
BY THE COURT IN ITS ORDER, UNTIL TERMINATED OR MODIFIED BY THE 7,861
COURT OR UNTIL THE CHILD ATTAINS TWENTY-ONE YEARS OF AGE. 7,862
THE DEPARTMENT SHALL NOT RELEASE THE CHILD FROM A 7,865
DEPARTMENT FACILITY AND AS A RESULT SHALL NOT DISCHARGE THE CHILD 7,866
OR ORDER THE CHILD'S RELEASE ON SUPERVISED RELEASE PRIOR TO THE
EXPIRATION OF THE PERIOD OF COURT CONTROL OVER THE CHILD OR PRIOR 7,868
TO THE CHILD'S ATTAINMENT OF TWENTY-ONE YEARS OF AGE, EXCEPT UPON 7,870
THE ORDER OF A COURT PURSUANT TO DIVISION (B) OR (C) OF THIS 7,871
SECTION OR IN ACCORDANCE WITH SECTION 5139.54 OF THE REVISED 7,872
CODE.
(B)(1) THE COURT THAT COMMITS A DELINQUENT CHILD TO THE 7,874
179
DEPARTMENT MAY GRANT JUDICIAL RELEASE OF THE CHILD TO COURT 7,875
SUPERVISION UNDER THIS DIVISION, DURING ANY OF THE FOLLOWING 7,876
PERIODS THAT ARE APPLICABLE, PROVIDED ANY COMMITMENT IMPOSED 7,877
UNDER DIVISION (A), (B), OR (C) OF SECTION 2152.17 OF THE REVISED 7,878
CODE HAS ENDED: 7,879
(a) IF THE CHILD WAS GIVEN A DISPOSITION UNDER SECTION 7,882
2152.16 OF THE REVISED CODE FOR COMMITTING AN ACT THAT WOULD BE A
FELONY OF THE THIRD, FOURTH, OR FIFTH DEGREE IF COMMITTED BY AN 7,883
ADULT, AT ANY TIME DURING THE FIRST NINETY DAYS OF THE PERIOD OF 7,885
COURT CONTROL OVER THE CHILD; 7,886
(b) IF THE CHILD WAS GIVEN A DISPOSITION UNDER SECTION 7,889
2152.13 OR 2152.16 OF THE REVISED CODE, OR BOTH OF THOSE
SECTIONS, FOR COMMITTING AN ACT THAT WOULD BE A FELONY OF THE 7,890
FIRST OR SECOND DEGREE IF COMMITTED BY AN ADULT, AT ANY TIME 7,891
DURING THE FIRST ONE HUNDRED EIGHTY DAYS OF THE PERIOD OF COURT 7,892
CONTROL OVER THE CHILD; 7,893
(c) IF THE CHILD WAS COMMITTED TO THE DEPARTMENT UNTIL THE 7,895
CHILD ATTAINS TWENTY-ONE YEARS OF AGE FOR AN ACT THAT WOULD BE 7,896
AGGRAVATED MURDER OR MURDER IF COMMITTED BY AN ADULT, AT ANY TIME 7,897
DURING THE FIRST HALF OF THE PRESCRIBED PERIOD OF THAT COMMITMENT 7,899
OF THE CHILD.
(2) IF THE DEPARTMENT OF YOUTH SERVICES DESIRES TO RELEASE 7,901
A CHILD DURING A PERIOD SPECIFIED IN DIVISION (B)(1) OF THIS 7,902
SECTION, IT SHALL REQUEST THE COURT THAT COMMITTED THE CHILD TO 7,903
GRANT A JUDICIAL RELEASE OF THE CHILD TO COURT SUPERVISION. 7,904
DURING WHICHEVER OF THOSE PERIODS IS APPLICABLE, THE CHILD OR THE 7,905
PARENTS OF THE CHILD ALSO MAY REQUEST THAT COURT TO GRANT A 7,906
JUDICIAL RELEASE OF THE CHILD TO COURT SUPERVISION. UPON RECEIPT 7,907
OF A REQUEST FOR A JUDICIAL RELEASE TO COURT SUPERVISION FROM THE 7,908
DEPARTMENT, THE CHILD, OR THE CHILD'S PARENT, OR UPON ITS OWN 7,909
MOTION, THE COURT THAT COMMITTED THE CHILD SHALL DO ONE OF THE 7,910
FOLLOWING: APPROVE THE RELEASE BY JOURNAL ENTRY; SCHEDULE WITHIN 7,911
THIRTY DAYS AFTER THE REQUEST IS RECEIVED A TIME FOR A HEARING ON 7,912
WHETHER THE CHILD IS TO BE RELEASED; OR REJECT THE REQUEST BY 7,913
180
JOURNAL ENTRY WITHOUT CONDUCTING A HEARING.
IF THE COURT REJECTS AN INITIAL REQUEST FOR A RELEASE UNDER 7,915
THIS DIVISION BY THE CHILD OR THE CHILD'S PARENT, THE CHILD OR 7,916
THE CHILD'S PARENT MAY MAKE ONE ADDITIONAL REQUEST FOR A JUDICIAL 7,917
RELEASE TO COURT SUPERVISION WITHIN THE APPLICABLE PERIOD. THE 7,918
ADDITIONAL REQUEST MAY BE MADE NO EARLIER THAN THIRTY DAYS AFTER 7,919
THE FILING OF THE PRIOR REQUEST FOR A JUDICIAL RELEASE TO COURT 7,920
SUPERVISION. UPON THE FILING OF A SECOND REQUEST FOR A JUDICIAL 7,921
RELEASE TO COURT SUPERVISION, THE COURT SHALL EITHER APPROVE OR
DISAPPROVE THE RELEASE BY JOURNAL ENTRY OR SCHEDULE WITHIN THIRTY 7,922
DAYS AFTER THE REQUEST IS RECEIVED A TIME FOR A HEARING ON 7,923
WHETHER THE CHILD IS TO BE RELEASED. 7,924
(3) IF A COURT SCHEDULES A HEARING UNDER DIVISION (B)(2) 7,926
OF THIS SECTION, IT MAY ORDER THE DEPARTMENT TO DELIVER THE CHILD 7,927
TO THE COURT ON THE DATE SET FOR THE HEARING AND MAY ORDER THE 7,928
DEPARTMENT TO PRESENT TO THE COURT A REPORT ON THE CHILD'S 7,929
PROGRESS IN THE INSTITUTION TO WHICH THE CHILD WAS COMMITTED AND 7,930
RECOMMENDATIONS FOR CONDITIONS OF SUPERVISION OF THE CHILD BY THE 7,931
COURT AFTER RELEASE. THE COURT MAY CONDUCT THE HEARING WITHOUT 7,932
THE CHILD BEING PRESENT. THE COURT SHALL DETERMINE AT THE 7,933
HEARING WHETHER THE CHILD SHOULD BE GRANTED A JUDICIAL RELEASE TO 7,934
COURT SUPERVISION.
IF THE COURT APPROVES THE RELEASE, IT SHALL ORDER ITS STAFF 7,936
TO PREPARE A WRITTEN TREATMENT AND REHABILITATION PLAN FOR THE 7,937
CHILD THAT MAY INCLUDE ANY CONDITIONS OF THE CHILD'S RELEASE THAT 7,938
WERE RECOMMENDED BY THE DEPARTMENT AND APPROVED BY THE COURT. 7,939
THE COMMITTING COURT SHALL SEND THE JUVENILE COURT OF THE COUNTY 7,940
IN WHICH THE CHILD IS PLACED A COPY OF THE RECOMMENDED PLAN. THE 7,941
COURT OF THE COUNTY IN WHICH THE CHILD IS PLACED MAY ADOPT THE 7,942
RECOMMENDED CONDITIONS SET BY THE COMMITTING COURT AS AN ORDER OF 7,943
THE COURT AND MAY ADD ANY ADDITIONAL CONSISTENT CONDITIONS IT 7,944
CONSIDERS APPROPRIATE. IF A CHILD IS GRANTED A JUDICIAL RELEASE 7,945
TO COURT SUPERVISION, THE RELEASE DISCHARGES THE CHILD FROM THE 7,946
CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES. 7,947
181
(C)(1) THE COURT THAT COMMITS A DELINQUENT CHILD TO THE 7,949
DEPARTMENT MAY GRANT JUDICIAL RELEASE OF THE CHILD TO DEPARTMENT 7,950
OF YOUTH SERVICES SUPERVISION UNDER THIS DIVISION, DURING ANY OF 7,952
THE FOLLOWING PERIODS THAT ARE APPLICABLE:
(a) IF THE CHILD WAS GIVEN A DISPOSITION UNDER SECTION 7,955
2152.16 OF THE REVISED CODE FOR AN ACT THAT WOULD BE A FELONY OF
THE THIRD, FOURTH, OR FIFTH DEGREE IF COMMITTED BY AN ADULT, AT 7,956
ANY TIME DURING THE PERIOD OF COURT CONTROL OVER THE CHILD, 7,958
PROVIDED THAT AT LEAST NINETY DAYS OF THAT PERIOD HAVE ELAPSED; 7,959
(b) IF THE CHILD WAS GIVEN A DISPOSITION UNDER SECTION 7,962
2152.13 OR 2152.16 OF THE REVISED CODE, OR BOTH OF THOSE
SECTIONS, FOR AN ACT THAT WOULD BE A FELONY OF THE FIRST OR 7,964
SECOND DEGREE IF COMMITTED BY AN ADULT, AT ANY TIME DURING THE 7,965
PERIOD OF COURT CONTROL OVER THE CHILD, PROVIDED THAT AT LEAST
ONE HUNDRED EIGHTY DAYS OF THAT PERIOD HAVE ELAPSED; 7,966
(c) IF THE CHILD WAS COMMITTED TO THE DEPARTMENT FOR AN 7,968
ACT THAT WOULD BE AGGRAVATED MURDER OR MURDER IF COMMITTED BY AN 7,969
ADULT UNTIL THE CHILD ATTAINS TWENTY-ONE YEARS OF AGE, AT ANY 7,970
TIME DURING THE SECOND HALF OF THE PRESCRIBED PERIOD OF THAT 7,971
COMMITMENT OF THE CHILD. 7,972
(2) IF THE DEPARTMENT OF YOUTH SERVICES DESIRES TO RELEASE 7,974
A CHILD DURING A PERIOD SPECIFIED IN DIVISION (C)(1) OF THIS 7,975
SECTION, IT SHALL REQUEST THE COURT THAT COMMITTED THE CHILD TO 7,976
GRANT A JUDICIAL RELEASE TO DEPARTMENT OF YOUTH SERVICES 7,977
SUPERVISION. DURING WHICHEVER OF THOSE PERIODS IS APPLICABLE, 7,978
THE CHILD OR THE CHILD'S PARENT ALSO MAY REQUEST THE COURT THAT 7,979
COMMITTED THE CHILD TO GRANT A JUDICIAL RELEASE TO DEPARTMENT OF 7,980
YOUTH SERVICES SUPERVISION. UPON RECEIPT OF A REQUEST FOR 7,981
JUDICIAL RELEASE TO DEPARTMENT OF YOUTH SERVICES SUPERVISION, THE 7,982
CHILD, OR THE CHILD'S PARENT, OR UPON ITS OWN MOTION AT ANY TIME 7,983
DURING THAT PERIOD, THE COURT SHALL DO ONE OF THE FOLLOWING: 7,984
APPROVE THE RELEASE BY JOURNAL ENTRY; SCHEDULE A TIME WITHIN 7,985
THIRTY DAYS AFTER RECEIPT OF THE REQUEST FOR A HEARING ON WHETHER 7,986
THE CHILD IS TO BE RELEASED; OR REJECT THE REQUEST BY JOURNAL 7,987
182
ENTRY WITHOUT CONDUCTING A HEARING.
IF THE COURT REJECTS AN INITIAL REQUEST FOR RELEASE UNDER 7,989
THIS DIVISION BY THE CHILD OR THE CHILD'S PARENT, THE CHILD OR 7,990
THE CHILD'S PARENT MAY MAKE ONE OR MORE SUBSEQUENT REQUESTS FOR A 7,991
RELEASE WITHIN THE APPLICABLE PERIOD, BUT MAY MAKE NO MORE THAN 7,992
ONE REQUEST DURING EACH PERIOD OF NINETY DAYS THAT THE CHILD IS 7,994
IN A SECURE DEPARTMENT FACILITY AFTER THE FILING OF A PRIOR 7,995
REQUEST FOR EARLY RELEASE. UPON THE FILING OF A REQUEST FOR 7,996
RELEASE UNDER THIS DIVISION SUBSEQUENT TO AN INITIAL REQUEST, THE 7,997
COURT SHALL EITHER APPROVE OR DISAPPROVE THE RELEASE BY JOURNAL 7,998
ENTRY OR SCHEDULE A TIME WITHIN THIRTY DAYS AFTER RECEIPT OF THE 7,999
REQUEST FOR A HEARING ON WHETHER THE CHILD IS TO BE RELEASED. 8,000
(3) IF A COURT SCHEDULES A HEARING UNDER DIVISION (C)(2) 8,002
OF THIS SECTION, IT MAY ORDER THE DEPARTMENT TO DELIVER THE CHILD 8,003
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 8,004
FOR THE CHILD'S POST-INSTITUTIONAL CARE. THE COURT MAY CONDUCT 8,005
THE HEARING WITHOUT THE CHILD BEING PRESENT. THE COURT SHALL 8,006
DETERMINE AT THE HEARING WHETHER THE CHILD SHOULD BE GRANTED A 8,007
JUDICIAL RELEASE TO DEPARTMENT OF YOUTH SERVICES SUPERVISION. 8,008
IF THE COURT APPROVES THE JUDICIAL RELEASE TO DEPARTMENT OF 8,010
YOUTH SERVICES SUPERVISION, THE DEPARTMENT SHALL PREPARE A 8,011
WRITTEN TREATMENT AND REHABILITATION PLAN FOR THE CHILD PURSUANT 8,012
TO DIVISION (E) OF THIS SECTION THAT SHALL INCLUDE THE CONDITIONS 8,013
OF THE CHILD'S RELEASE. IT SHALL SEND THE COMMITTING COURT AND 8,014
THE JUVENILE COURT OF THE COUNTY IN WHICH THE CHILD IS PLACED A 8,015
COPY OF THE PLAN. THE COURT OF THE COUNTY IN WHICH THE CHILD IS 8,016
PLACED MAY ADOPT THE CONDITIONS SET BY THE DEPARTMENT AS AN ORDER 8,017
OF THE COURT AND MAY ADD ANY ADDITIONAL CONSISTENT CONDITIONS IT 8,018
CONSIDERS APPROPRIATE, PROVIDED THAT THE COURT MAY NOT ADD ANY 8,019
CONDITION THAT DECREASES THE LEVEL OR DEGREE OF SUPERVISION 8,020
SPECIFIED BY THE DEPARTMENT IN ITS PLAN, THAT SUBSTANTIALLY 8,021
INCREASES THE FINANCIAL BURDEN OF SUPERVISION THAT WILL BE
EXPERIENCED BY THE DEPARTMENT, OR THAT ALTERS THE PLACEMENT 8,022
183
SPECIFIED BY THE DEPARTMENT IN ITS PLAN. IF THE COURT OF THE 8,023
COUNTY IN WHICH THE CHILD IS PLACED ADDS TO THE DEPARTMENT'S PLAN 8,024
ANY ADDITIONAL CONDITIONS, IT SHALL ENTER THOSE ADDITIONAL 8,025
CONDITIONS IN ITS JOURNAL AND SHALL SEND TO THE DEPARTMENT A COPY 8,026
OF THE JOURNAL ENTRY OF THE ADDITIONAL CONDITIONS. 8,027
IF THE COURT APPROVES THE JUDICIAL RELEASE TO DEPARTMENT OF 8,029
YOUTH SERVICES SUPERVISION, THE ACTUAL DATE ON WHICH THE 8,030
DEPARTMENT SHALL RELEASE THE CHILD IS CONTINGENT UPON THE 8,031
DEPARTMENT FINDING A SUITABLE PLACEMENT FOR THE CHILD. IF THE 8,032
CHILD IS TO BE RETURNED TO THE CHILD'S HOME, THE DEPARTMENT SHALL 8,033
RETURN THE CHILD ON THE DATE THAT THE COURT SCHEDULES FOR THE 8,034
CHILD'S RELEASE OR SHALL BEAR THE EXPENSE OF ANY ADDITIONAL TIME 8,035
THAT THE CHILD REMAINS IN A DEPARTMENT FACILITY. IF THE CHILD IS 8,036
UNABLE TO RETURN TO THE CHILD'S HOME, THE DEPARTMENT SHALL 8,037
EXERCISE REASONABLE DILIGENCE IN FINDING A SUITABLE PLACEMENT FOR 8,038
THE CHILD, AND THE CHILD SHALL REMAIN IN A DEPARTMENT FACILITY 8,039
WHILE THE DEPARTMENT FINDS THE SUITABLE PLACEMENT. 8,040
(D) IF A CHILD IS RELEASED UNDER DIVISION (B) OR (C) OF 8,043
THIS SECTION AND THE COURT OF THE COUNTY IN WHICH THE CHILD IS 8,044
PLACED HAS REASON TO BELIEVE THAT THE CHILD'S DEPORTMENT IS NOT 8,045
IN ACCORDANCE WITH THE CONDITIONS OF THE CHILD'S JUDICIAL 8,046
RELEASE, THE COURT OF THE COUNTY IN WHICH THE CHILD IS PLACED 8,047
SHALL SCHEDULE A TIME FOR A HEARING TO DETERMINE WHETHER THE 8,048
CHILD VIOLATED ANY OF THE POST-RELEASE CONDITIONS, AND, IF THE 8,049
CHILD WAS RELEASED UNDER DIVISION (C) OF THIS SECTION, DIVISIONS 8,050
(A) TO (E) OF SECTION 5139.52 OF THE REVISED CODE APPLY REGARDING 8,051
THE CHILD. 8,052
IF THAT COURT DETERMINES AT THE HEARING THAT THE CHILD 8,054
VIOLATED ANY OF THE POST-RELEASE CONDITIONS, THE COURT, IF IT 8,055
DETERMINES THAT THE VIOLATION WAS A SERIOUS VIOLATION, MAY ORDER 8,056
THE CHILD TO BE RETURNED TO THE DEPARTMENT FOR 8,057
INSTITUTIONALIZATION, CONSISTENT WITH THE ORIGINAL ORDER OF 8,058
COMMITMENT OF THE CHILD, OR IN ANY CASE MAY MAKE ANY OTHER 8,059
DISPOSITION OF THE CHILD AUTHORIZED BY LAW THAT THE COURT
184
CONSIDERS PROPER. IF THE COURT OF THE COUNTY IN WHICH THE CHILD 8,060
IS PLACED ORDERS THE CHILD TO BE RETURNED TO A DEPARTMENT OF
YOUTH SERVICES INSTITUTION, THE TIME DURING WHICH THE CHILD WAS 8,061
HELD IN A SECURE DEPARTMENT FACILITY PRIOR TO THE CHILD'S 8,062
JUDICIAL RELEASE SHALL BE CONSIDERED AS TIME SERVED IN FULFILLING 8,063
THE PRESCRIBED PERIOD OF INSTITUTIONALIZATION THAT IS APPLICABLE 8,064
TO THE CHILD UNDER THE CHILD'S ORIGINAL ORDER OF COMMITMENT. IF 8,065
THE COURT ORDERS THE CHILD RETURNED TO A DEPARTMENT INSTITUTION, 8,066
THE CHILD SHALL REMAIN IN INSTITUTIONAL CARE FOR A MINIMUM OF 8,067
THREE MONTHS OR UNTIL THE CHILD SUCCESSFULLY COMPLETES A 8,068
REVOCATION PROGRAM OF A DURATION OF NOT LESS THAN THIRTY DAYS 8,069
OPERATED EITHER BY THE DEPARTMENT OR BY AN ENTITY WITH WHICH THE 8,070
DEPARTMENT HAS CONTRACTED TO PROVIDE A REVOCATION PROGRAM. 8,071
(E) THE DEPARTMENT OF YOUTH SERVICES, PRIOR TO THE RELEASE 8,073
OF A CHILD PURSUANT TO DIVISION (C) OF THIS SECTION, SHALL DO ALL 8,074
OF THE FOLLOWING: 8,075
(1) AFTER REVIEWING THE CHILD'S REHABILITATIVE PROGRESS 8,077
HISTORY AND MEDICAL AND EDUCATIONAL RECORDS, PREPARE A WRITTEN 8,078
TREATMENT AND REHABILITATION PLAN FOR THE CHILD THAT INCLUDES 8,079
CONDITIONS OF THE RELEASE; 8,080
(2) COMPLETELY DISCUSS THE CONDITIONS OF THE PLAN PREPARED 8,082
PURSUANT TO DIVISION (E)(1) OF THIS SECTION AND THE POSSIBLE 8,083
PENALTIES FOR VIOLATION OF THE PLAN WITH THE CHILD AND THE 8,084
CHILD'S PARENTS, GUARDIAN, OR LEGAL CUSTODIAN; 8,085
(3) HAVE THE PLAN PREPARED PURSUANT TO DIVISION (E)(1) OF 8,087
THIS SECTION SIGNED BY THE CHILD, THE CHILD'S PARENTS, LEGAL 8,088
GUARDIAN, OR CUSTODIAN, AND ANY AUTHORITY OR PERSON THAT IS TO
SUPERVISE, CONTROL, AND PROVIDE SUPPORTIVE ASSISTANCE TO THE 8,089
CHILD AT THE TIME OF THE CHILD'S RELEASE PURSUANT TO DIVISION (C) 8,090
OF THIS SECTION; 8,091
(4) PRIOR TO THE CHILD'S RELEASE, FILE A COPY OF THE 8,093
TREATMENT PLAN PREPARED PURSUANT TO DIVISION (E)(1) OF THIS 8,094
SECTION WITH THE COMMITTING COURT AND THE JUVENILE COURT OF THE 8,095
COUNTY IN WHICH THE CHILD IS TO BE PLACED. 8,096
185
(F) THE DEPARTMENT OF YOUTH SERVICES SHALL FILE A WRITTEN 8,098
PROGRESS REPORT WITH THE COMMITTING COURT REGARDING EACH CHILD 8,099
RELEASED PURSUANT TO DIVISION (C) OF THIS SECTION AT LEAST ONCE 8,101
EVERY THIRTY DAYS UNLESS SPECIFICALLY DIRECTED OTHERWISE BY THE
COURT. THE REPORT SHALL INDICATE THE TREATMENT AND 8,103
REHABILITATIVE PROGRESS OF THE CHILD AND THE CHILD'S FAMILY, IF 8,104
APPLICABLE, AND SHALL INCLUDE ANY SUGGESTIONS FOR ALTERING THE 8,105
PROGRAM, CUSTODY, LIVING ARRANGEMENTS, OR TREATMENT. THE 8,106
DEPARTMENT SHALL RETAIN LEGAL CUSTODY OF A CHILD SO RELEASED 8,107
UNTIL IT DISCHARGES THE CHILD OR UNTIL THE CUSTODY IS TERMINATED 8,108
AS OTHERWISE PROVIDED BY LAW. 8,109
(G) WHEN A CHILD IS COMMITTED TO THE LEGAL CUSTODY OF THE 8,111
DEPARTMENT OF YOUTH SERVICES, THE COURT RETAINS JURISDICTION TO 8,112
PERFORM THE FUNCTIONS SPECIFIED IN SECTION 5139.51 OF THE REVISED 8,113
CODE WITH RESPECT TO THE GRANTING OF SUPERVISED RELEASE BY THE 8,115
RELEASE AUTHORITY AND TO PERFORM THE FUNCTIONS SPECIFIED IN 8,116
SECTION 5139.52 OF THE REVISED CODE WITH RESPECT TO VIOLATIONS OF 8,117
THE CONDITIONS OF SUPERVISED RELEASE GRANTED BY THE RELEASE 8,118
AUTHORITY AND TO THE REVOCATION OF SUPERVISED RELEASE GRANTED BY 8,119
THE RELEASE AUTHORITY. 8,120
Sec. 2151.312 2152.26. (A) Except as provided in 8,129
divisions (B) and (F) of this section, a child alleged to be or 8,131
adjudicated a delinquent child, an unruly child, or a juvenile 8,132
traffic offender may be held only in the following places: 8,133
(1) A certified family foster home or a home approved by 8,135
the court; 8,136
(2) A facility operated by a certified child welfare 8,138
agency; 8,139
(3) Any other suitable place designated by the court. 8,141
(B) In addition to the places listed in division (A) of 8,143
this section, a child alleged to be or adjudicated a delinquent 8,144
child may be held in a detention home or center FACILITY for 8,145
delinquent children that is under the direction or supervision of 8,147
the court or other public authority or of a private agency and 8,148
186
approved by the court.
(C)(1) Except as provided under division (C)(1) of section 8,150
2151.311 of the Revised Code or division (A)(6)(5) of section 8,151
2151.356 2152.21 of the Revised Code, a child alleged to be or 8,154
adjudicated a neglected child, an abused child, a dependent 8,155
child, an unruly child, or a juvenile traffic offender may not be 8,156
held in any of the following facilities: 8,158
(a) A state correctional institution, county, multicounty, 8,161
or municipal jail or workhouse, or other place in which an adult 8,162
convicted of crime, under arrest, or charged with a crime is 8,163
held.
(b) A secure correctional facility. 8,165
(2) Except as provided under sections 2151.56 to 2151.61 8,167
and division (A)(6)(5) of section 2151.356 2152.21 of the Revised 8,169
Code and division (C)(3) of this section, a child alleged to be
or adjudicated an unruly child or a juvenile traffic offender may 8,171
not be held for more than twenty-four hours in a detention home 8,172
FACILITY. A child alleged to be or adjudicated a neglected 8,173
child, an abused child, or a dependent child shall not be held in 8,174
a detention home.
(3) A child who is alleged to be or who is adjudicated an 8,176
unruly child and who is taken into custody on a Saturday, Sunday, 8,178
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 8,179
that is not a Saturday, Sunday, or legal holiday. 8,180
(D) Except as provided in division (F) of this section or 8,182
in division (C) of section 2151.311, in division (C)(2) of 8,183
section 5139.06 and section 5120.162, or in division (B) of 8,185
section 5120.16 of the Revised Code, a child who is alleged to be 8,186
or is adjudicated a delinquent child may not be held in a state 8,187
correctional institution, county, multicounty, or municipal jail 8,188
or workhouse, or other place where an adult convicted of crime, 8,189
under arrest, or charged with crime is held. 8,190
(E) Unless the detention is pursuant to division (F) of 8,192
187
this section or division (C) of section 2151.311, division (C)(2) 8,194
of section 5139.06 and section 5120.162, or division (B) of 8,196
section 5120.16 of the Revised Code, the official in charge of 8,197
the institution, jail, workhouse, or other facility shall inform 8,198
the court immediately when a child, who is or appears to be under 8,199
the age of eighteen years, is received at the facility, and shall 8,200
deliver the child to the court upon request or transfer the child 8,201
to a detention facility designated by the court. 8,202
(F) If a case is transferred to another court for criminal 8,204
prosecution pursuant to section 2151.26 2152.12 of the Revised 8,205
Code, the child may be transferred for detention pending the 8,206
criminal prosecution in a jail or other facility in accordance 8,207
with the law governing the detention of persons charged with 8,208
crime. Any child so held shall be confined in a manner that 8,209
keeps the child beyond the range of touch of all adult detainees. 8,210
The child shall be supervised at all times during the detention. 8,211
Sec. 2151.34 2152.41. A child who is alleged to be or 8,220
adjudicated a delinquent child may be confined in a place of 8,223
juvenile detention for a period not to exceed ninety days, during 8,224
which time a social history may be prepared to include court 8,225
record, family history, personal history, school and attendance 8,226
records, and any other pertinent studies and material that will 8,227
be of assistance to the juvenile court in its disposition of the 8,228
charges against that juvenile offender.
(A) Upon the advice and recommendation of the judge, the 8,230
board of county commissioners shall provide, by purchase, lease, 8,232
construction, or otherwise, a place to be known as a detention 8,233
home FACILITY that shall be within a convenient distance of the 8,234
juvenile court and. THE FACILITY shall not be used for the 8,236
confinement of adults charged with criminal offenses and in 8,238
which. THE FACILITY MAY BE USED TO DETAIN ALLEGED delinquent 8,239
children may be detained until final disposition. Upon, FOR 8,240
EVALUATION PURSUANT TO SECTION 2152.04 OF THE REVISED CODE, FOR 8,242
CHILDREN ADJUDICATED DELINQUENT CHILDREN UNDER DIVISION (A)(3)(l) 8,243
188
OF SECTION 2152.19 OF THE REVISED CODE, AND FOR CHILDREN
ADJUDICATED JUVENILE TRAFFIC OFFENDERS UNDER DIVISION (A)(5) OR 8,245
(6) OF SECTION 2152.21 OF THE REVISED CODE.
(B) UPON the joint advice and recommendation of the 8,249
juvenile judges of two or more adjoining or neighboring counties, 8,250
the boards of county commissioners of the counties shall form 8,251
themselves into a joint board and proceed to organize a district 8,252
for the establishment and support of a detention home FACILITY 8,253
for the use of the juvenile courts of those counties, in which 8,255
ALLEGED AND ADJUDICATED delinquent children may be detained until 8,257
final disposition AS PROVIDED IN DIVISION (A) OF THIS SECTION, by 8,258
using a site or buildings already established in one of the 8,259
counties or by providing for the purchase of a site and the 8,260
erection of the necessary buildings on the site. 8,261
A child who is adjudicated to be a juvenile traffic 8,263
offender for having committed a violation of division (A) of 8,264
section 4511.19 of the Revised Code or of a municipal ordinance 8,265
that is substantially comparable to that division may be confined 8,266
in a detention home FACILITY or district detention home FACILITY 8,268
pursuant to division (A)(6)(5) of section 2151.356 2152.21 of the 8,270
Revised Code, provided the child is kept separate and apart from 8,271
alleged delinquent children.
The county or district detention home shall be maintained 8,273
as provided in sections 2151.01 to 2151.54 of the Revised Code. 8,274
In EXCEPT AS OTHERWISE PROVIDED BY LAW, DISTRICT DETENTION 8,275
FACILITIES SHALL BE ESTABLISHED, OPERATED, MAINTAINED, AND 8,276
MANAGED IN THE SAME MANNER SO FAR AS APPLICABLE AS COUNTY 8,277
DETENTION FACILITIES.
MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS WHO MEET BY 8,279
APPOINTMENT TO CONSIDER THE ORGANIZATION OF A DISTRICT DETENTION 8,280
HOME, UPON PRESENTATION OF PROPERLY CERTIFIED ACCOUNTS, SHALL BE 8,281
PAID THEIR NECESSARY EXPENSES UPON A WARRANT DRAWN BY THE COUNTY 8,282
AUDITOR OF THEIR COUNTY. 8,283
THE COUNTY AUDITOR OF THE COUNTY HAVING THE GREATEST 8,285
189
POPULATION OR, WITH THE UNANIMOUS CONCURRENCE OF THE COUNTY 8,286
AUDITORS OF THE COUNTIES COMPOSING A DISTRICT, THE AUDITOR OF THE 8,287
COUNTY IN WHICH THE DETENTION FACILITY IS LOCATED SHALL BE THE 8,288
FISCAL OFFICER OF A DETENTION FACILITY DISTRICT. THE COUNTY 8,289
AUDITORS OF THE SEVERAL COUNTIES COMPOSING A DETENTION FACILITY 8,290
DISTRICT SHALL MEET AT THE DISTRICT DETENTION FACILITY, NOT LESS 8,291
THAN ONCE IN SIX MONTHS, TO REVIEW ACCOUNTS AND TO TRANSACT ANY 8,292
OTHER DUTIES IN CONNECTION WITH THE INSTITUTION THAT PERTAIN TO 8,293
THE BUSINESS OF THEIR OFFICE.
(C) IN any county in which there is no detention home 8,296
FACILITY or that is not served by a district detention home 8,298
FACILITY, the JUVENILE COURT MAY ENTER INTO A CONTRACT, SUBJECT 8,299
TO THE APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS, WITH 8,300
ANOTHER JUVENILE COURT, ANOTHER COUNTY'S DETENTION FACILITY, OR A 8,301
JOINT COUNTY DETENTION FACILITY. ALTERNATELY, THE board of
county commissioners shall provide funds for the boarding of such 8,303
children, WHO WOULD BE ELIGIBLE FOR DETENTION UNDER DIVISION (A) 8,305
OF THIS SECTION, temporarily in private homes. Children who are 8,306
alleged to be or have been adjudicated delinquent children may be 8,307
detained after a complaint is filed in the detention home until 8,308
final disposition of their cases or in certified family foster 8,309
homes or in any other home approved by the court, if any are 8,310
available, for a period not exceeding sixty days or until final 8,311
disposition of their cases, whichever comes first. The court 8,312
also may arrange with any public children services agency or 8,313
private child placing agency to receive, or private noncustodial 8,314
agency for temporary care of, the children within the 8,315
jurisdiction of the court. A district detention home approved 8,316
for such purpose by the department of youth services under 8,317
section 5139.281 of the Revised Code may receive children 8,318
committed to its temporary custody under section 2151.355 of the 8,319
Revised Code and provide the care, treatment, and training 8,320
required.
If a detention home is established as an agency of the 8,323
190
court or a district detention home is established by the courts
of several counties as provided in this section, it shall be 8,325
furnished and carried on, as far as possible, as a family home in
charge of a superintendent or matron in a nonpunitive neutral 8,327
atmosphere. The judge, or the directing board of a district 8,329
detention home, may appoint a superintendent, a matron, and other 8,331
necessary employees for the home and fix their salaries. During 8,333
the school year, when possible, a comparable educational program 8,334
with competent and trained staff shall be provided for those 8,335
children of school age. A sufficient number of trained 8,336
recreational personnel shall be included among the staff to 8,337
assure wholesome and profitable leisure-time activities. Medical 8,338
and mental health services shall be made available to ensure the 8,339
courts all possible treatment facilities shall be given to those 8,340
children placed under their care. In the case of a county 8,341
detention home, the salaries shall be paid in the same manner as 8,342
is provided by section 2151.13 of the Revised Code for other 8,343
employees of the court, and the necessary expenses incurred in 8,344
maintaining the detention home shall be paid by the county. In 8,345
the case of a district detention home, the salaries and the 8,346
necessary expenses incurred in maintaining the district detention 8,347
home shall be paid as provided in sections 2151.341 to 2151.3415 8,348
of the Revised Code. 8,349
If the court arranges for the board of children EITHER 8,351
temporarily detained in family foster homes or arranges for the 8,352
board of those children through any private child placing agency, 8,353
THE COUNTY SHALL PAY a reasonable sum to be fixed by the court 8,355
for the board of those children shall be paid by the county. In 8,356
order to have family foster homes available for service, an 8,357
agreed monthly subsidy may be paid and a fixed rate per day for 8,358
care of children actually residing in the family foster home. 8,359
(D) THE BOARD OF COUNTY COMMISSIONERS OF ANY COUNTY WITHIN 8,361
A DETENTION FACILITY DISTRICT, UPON THE RECOMMENDATION OF THE 8,362
JUVENILE COURT OF THAT COUNTY, MAY WITHDRAW FROM THE DISTRICT AND 8,364
191
SELL OR LEASE ITS RIGHT, TITLE, AND INTEREST IN THE SITE, 8,365
BUILDINGS, FURNITURE, AND EQUIPMENT OF THE FACILITY TO ANY
COUNTIES IN THE DISTRICT, AT ANY PRICE AND UPON ANY SUCH TERMS 8,366
THAT ARE AGREED UPON AMONG THE BOARDS OF COUNTY COMMISSIONERS OF 8,367
THE COUNTIES CONCERNED. SECTION 307.10 OF THE REVISED CODE DOES 8,368
NOT APPLY TO THIS DIVISION. THE NET PROCEEDS OF ANY SALE OR 8,370
LEASE UNDER THIS DIVISION SHALL BE PAID INTO THE TREASURY OF THE 8,372
WITHDRAWING COUNTY.
THE MEMBERS OF THE BOARD OF TRUSTEES OF A DISTRICT 8,374
DETENTION FACILITY WHO ARE RESIDENTS OF A COUNTY WITHDRAWING FROM 8,375
THE DISTRICT ARE DEEMED TO HAVE RESIGNED THEIR POSITIONS UPON THE 8,376
COMPLETION OF THE WITHDRAWAL PROCEDURE PROVIDED BY THIS DIVISION. 8,377
THE VACANCIES THEN CREATED SHALL BE FILLED AS PROVIDED IN THIS 8,378
SECTION.
(E) THE CHILDREN TO BE ADMITTED FOR CARE IN A COUNTY OR 8,380
DISTRICT DETENTION FACILITY ESTABLISHED UNDER THIS SECTION, THE 8,381
PERIOD DURING WHICH THEY SHALL BE CARED FOR IN THE FACILITY, AND 8,382
THE REMOVAL AND TRANSFER OF CHILDREN FROM THE FACILITY SHALL BE 8,383
DETERMINED BY THE JUVENILE COURT THAT ORDERED THE CHILD'S 8,384
DETENTION. 8,385
Sec. 2152.42. (A) ANY DETENTION FACILITY ESTABLISHED 8,387
UNDER SECTION 2152.41 OF THE REVISED CODE SHALL BE UNDER THE 8,388
DIRECTION OF A SUPERINTENDENT. THE SUPERINTENDENT SHALL BE 8,389
APPOINTED BY, AND UNDER THE DIRECTION OF, THE JUDGE OR JUDGES OR, 8,390
FOR A DISTRICT FACILITY, THE BOARD OF TRUSTEES OF THE FACILITY. 8,391
THE SUPERINTENDENT SERVES AT THE PLEASURE OF THE JUVENILE COURT 8,392
OR, IN A DISTRICT DETENTION FACILITY, AT THE PLEASURE OF THE 8,393
BOARD OF TRUSTEES. 8,394
BEFORE COMMENCING WORK AS SUPERINTENDENT, THE PERSON 8,396
APPOINTED SHALL OBTAIN A BOND, WITH SUFFICIENT SURETY, 8,397
CONDITIONED UPON THE FULL AND FAITHFUL ACCOUNTING OF THE FUNDS 8,398
AND PROPERTIES UNDER THE SUPERINTENDENT'S CONTROL. 8,399
THE SUPERINTENDENT, UNDER THE SUPERVISION AND SUBJECT TO 8,401
THE RULES AND REGULATIONS OF THE BOARD, SHALL CONTROL, MANAGE, 8,402
192
OPERATE, AND HAVE GENERAL CHARGE OF THE FACILITY AND SHALL HAVE 8,403
THE CUSTODY OF ITS PROPERTY, FILES, AND RECORDS. 8,404
(B) FOR A COUNTY FACILITY, THE SUPERINTENDENT SHALL 8,406
APPOINT ALL EMPLOYEES OF THE FACILITY, WHO SHALL BE IN THE 8,407
UNCLASSIFIED CIVIL SERVICE. THE SALARIES SHALL BE PAID AS 8,408
PROVIDED BY SECTION 2151.13 OF THE REVISED CODE FOR OTHER 8,409
EMPLOYEES OF THE COURT, AND THE NECESSARY EXPENSES INCURRED IN 8,410
MAINTAINING THE FACILITY SHALL BE PAID BY THE COUNTY. 8,411
FOR A DISTRICT FACILITY, THE SUPERINTENDENT SHALL APPOINT 8,413
OTHER EMPLOYEES OF THE FACILITY AND FIX THEIR COMPENSATION, 8,414
SUBJECT TO APPROVAL OF THE BOARD OF TRUSTEES. EMPLOYEES OF A 8,415
DISTRICT FACILITY, EXCEPT FOR THE SUPERINTENDENT, SHALL BE IN THE 8,416
CLASSIFIED CIVIL SERVICE. 8,417
(C) DURING THE SCHOOL YEAR, WHEN POSSIBLE, A COMPARABLE 8,419
EDUCATIONAL PROGRAM WITH COMPETENT AND TRAINED STAFF SHALL BE 8,420
PROVIDED FOR CHILDREN OF SCHOOL AGE WHO ARE IN THE FACILITY. A
SUFFICIENT NUMBER OF TRAINED RECREATIONAL PERSONNEL SHALL BE 8,421
INCLUDED AMONG THE STAFF. MEDICAL AND MENTAL HEALTH SERVICES 8,422
SHALL BE MADE AVAILABLE. 8,423
Sec. 2151.341 2152.43. (A) A board of county 8,432
commissioners that provides a detention home FACILITY and the 8,434
board of trustees of a district detention home FACILITY may make 8,435
application APPLY to the department of youth services under 8,436
section 5139.281 of the Revised Code for financial assistance in 8,437
defraying the cost of operating and maintaining the home 8,439
FACILITY. Such THE application shall be made on forms prescribed 8,441
and furnished by the department. The
THE BOARD OF COUNTY COMMISSIONERS OF EACH COUNTY THAT 8,443
PARTICIPATES IN A DISTRICT DETENTION FACILITY MAY APPLY TO THE 8,444
DEPARTMENT OF YOUTH SERVICES FOR ASSISTANCE IN DEFRAYING THE 8,445
COUNTY'S SHARE OF THE COST OF ACQUISITION OR CONSTRUCTION OF THE 8,446
FACILITY, AS PROVIDED IN SECTION 5139.271 OF THE REVISED CODE. 8,447
APPLICATION SHALL BE MADE IN ACCORDANCE WITH RULES ADOPTED BY THE 8,448
DEPARTMENT. NO COUNTY SHALL BE REIMBURSED FOR EXPENSES INCURRED 8,449
193
IN THE ACQUISITION OR CONSTRUCTION OF A DISTRICT DETENTION 8,451
FACILITY THAT SERVES A DISTRICT HAVING A POPULATION OF LESS THAN 8,452
ONE HUNDRED THOUSAND.
(B)(1) THE joint boards of county commissioners of 8,456
district detention homes FACILITIES shall make annual assessments 8,457
of taxes sufficient to support and defray all necessary expenses 8,459
of such home THE FACILITY not paid from funds made available 8,460
under section 5139.281 of the Revised Code, THROUGH ANNUAL 8,461
ASSESSMENTS OF TAXES, THROUGH GIFTS, OR THROUGH OTHER MEANS. 8,462
IF ANY COUNTY WITHDRAWS FROM A DISTRICT UNDER DIVISION (D) 8,464
OF SECTION 2152.41 OF THE REVISED CODE, IT SHALL CONTINUE TO HAVE 8,466
LEVIED AGAINST ITS TAX DUPLICATE ANY TAX LEVIED BY THE DISTRICT 8,467
DURING THE PERIOD IN WHICH THE COUNTY WAS A MEMBER OF THE 8,468
DISTRICT FOR CURRENT OPERATING EXPENSES, PERMANENT IMPROVEMENTS, 8,469
OR THE RETIREMENT OF BONDED INDEBTEDNESS. THE LEVY SHALL 8,470
CONTINUE TO BE A LEVY AGAINST THE TAX DUPLICATE OF THE COUNTY 8,471
UNTIL THE TIME THAT IT EXPIRES OR IS RENEWED. 8,472
(2) THE CURRENT EXPENSES OF MAINTAINING THE FACILITY NOT 8,474
PAID FROM FUNDS MADE AVAILABLE UNDER SECTION 5139.281 OF THE 8,475
REVISED CODE OR DIVISION (C) OF THIS SECTION, AND THE COST OF 8,477
ORDINARY REPAIRS TO THE FACILITY, SHALL BE PAID BY EACH COUNTY IN 8,478
ACCORDANCE WITH ONE OF THE FOLLOWING METHODS AS APPROVED BY THE 8,479
JOINT BOARD OF COUNTY COMMISSIONERS: 8,481
(a) IN PROPORTION TO THE NUMBER OF CHILDREN FROM THAT 8,483
COUNTY WHO ARE MAINTAINED IN THE FACILITY DURING THE YEAR; 8,484
(b) BY A LEVY SUBMITTED BY THE JOINT BOARD OF COUNTY 8,486
COMMISSIONERS UNDER DIVISION (A) OF SECTION 5705.19 OF THE 8,488
REVISED CODE AND APPROVED BY THE ELECTORS OF THE DISTRICT; 8,489
(c) IN PROPORTION TO THE TAXABLE PROPERTY OF EACH COUNTY, 8,491
AS SHOWN BY ITS TAX DUPLICATE; 8,492
(d) IN ANY COMBINATION OF THE METHODS FOR PAYMENT 8,494
DESCRIBED IN DIVISION (B)(2)(a), (b), OR (c) OF THIS SECTION. 8,496
(C) WHEN ANY PERSON DONATES OR BEQUEATHS ANY REAL OR 8,499
PERSONAL PROPERTY TO A COUNTY OR DISTRICT DETENTION FACILITY, THE
194
JUVENILE COURT OR THE TRUSTEES OF THE FACILITY MAY ACCEPT AND USE 8,501
THE GIFT, CONSISTENT WITH THE BEST INTEREST OF THE INSTITUTION 8,503
AND THE CONDITIONS OF THE GIFT. 8,504
Sec. 2151.343 2152.44. Immediately upon (A) AS SOON AS 8,514
PRACTICAL AFTER the organization of the joint board of county 8,515
commissioners as provided by section 2151.34 2152.41 of the 8,516
Revised Code, or so soon thereafter as practicable, such THE 8,518
joint board of county commissioners shall appoint a board of not 8,520
less than five trustees, which. THE BOARD shall hold office and 8,521
perform its duties until the first annual meeting after the 8,522
choice of an established site and buildings, or after the 8,523
selection and purchase of a building site, at which. AT THAT 8,524
time such, THE joint board of county commissioners shall appoint 8,527
a board of not less than five trustees, one of whom shall hold
office for a term of one year, one for the A term of two years, 8,528
one for the A term of three years, half of the remaining number 8,530
for the A term of four years, and the remainder for the A term of 8,532
five years. Annually thereafter, the joint board of county 8,534
commissioners shall appoint one or more trustees, each of whom
shall hold office for the A term of five years, to succeed the 8,535
trustee or trustees whose term of office shall expire EXPIRES. A 8,537
trustee may be appointed to succeed himself upon such board of 8,539
trustees, and all appointments to such board of trustees 8,541
SUCCESSIVE TERMS. ANY PERSON APPOINTED AS A TRUSTEE shall be 8,542
made from persons who are recommended and approved by the
juvenile court judge or judges of the county of which such THE 8,543
person is resident RESIDES. The 8,544
AT LEAST ONE TRUSTEE SHALL RESIDE IN EACH COUNTY IN THE 8,546
DISTRICT. IN DISTRICTS COMPOSED OF TWO COUNTIES, EACH COUNTY 8,547
SHALL BE ENTITLED TO NOT LESS THAN TWO TRUSTEES. IN DISTRICTS 8,548
COMPOSED OF MORE THAN FOUR COUNTIES, THE NUMBER OF TRUSTEES SHALL 8,549
BE SUFFICIENTLY INCREASED, PROVIDED THAT THERE SHALL ALWAYS BE AN 8,550
UNEVEN NUMBER OF TRUSTEES ON THE BOARD. THE COUNTY IN WHICH A 8,551
DISTRICT DETENTION FACILITY IS LOCATED SHALL HAVE NOT LESS THAN 8,552
195
TWO TRUSTEES, WHO, IN THE INTERIM PERIOD BETWEEN THE REGULAR 8,553
MEETINGS OF THE TRUSTEES, SHALL ACT AS AN EXECUTIVE COMMITTEE IN 8,554
THE DISCHARGE OF ALL BUSINESS PERTAINING TO THE FACILITY. 8,555
THE JOINT BOARD OF COUNTY COMMISSIONERS MAY REMOVE ANY 8,557
TRUSTEE FOR GOOD CAUSE. THE TRUSTEE APPOINTED TO FILL ANY 8,558
VACANCY SHALL HOLD THE OFFICE FOR THE UNEXPIRED TERM OF THE 8,559
PREDECESSOR TRUSTEE.
(B) THE annual meeting of the board of trustees shall be 8,562
held on the first Tuesday in May in each year. 8,563
A MAJORITY OF THE BOARD CONSTITUTES A QUORUM. OTHER BOARD 8,566
MEETINGS SHALL BE HELD AT LEAST QUARTERLY. THE JUVENILE COURT 8,567
JUDGE OF EACH COUNTY OF THE DISTRICT, OR THE JUDGE'S DESIGNEE, 8,568
SHALL ATTEND THE MEETINGS. THE MEMBERS OF THE BOARD SHALL 8,570
RECEIVE NO COMPENSATION FOR THEIR SERVICES, EXCEPT THEIR ACTUAL 8,571
AND NECESSARY EXPENSES. THE TREASURER SHALL PAY THE MEMBER'S
TRAVELING EXPENSES WHEN PROPERLY CERTIFIED. 8,572
(C) WHEN THE BOARD OF TRUSTEES DOES NOT CHOOSE AN 8,574
ESTABLISHED INSTITUTION IN ONE OF THE COUNTIES OF THE DISTRICT, 8,575
IT MAY SELECT A SUITABLE SITE FOR THE ERECTION OF A DISTRICT 8,576
DETENTION FACILITY. THE SITE MUST BE EASILY ACCESSIBLE, 8,577
CONDUCIVE TO HEALTH, ECONOMY IN PURCHASING OR IN BUILDING, AND 8,578
THE GENERAL INTEREST OF THE FACILITY AND ITS RESIDENTS, AND BE AS 8,579
NEAR AS PRACTICABLE TO THE GEOGRAPHICAL CENTER OF THE DISTRICT. 8,580
IN THE INTERIM BETWEEN THE SELECTION AND PURCHASE OF A 8,582
SITE, AND THE ERECTION AND OCCUPANCY OF THE DISTRICT DETENTION 8,583
FACILITY, THE JOINT BOARD OF COUNTY COMMISSIONERS PROVIDED UNDER 8,585
SECTION 2151.41 OF THE REVISED CODE MAY DELEGATE TO THE BOARD OF 8,586
TRUSTEES ANY POWERS AND DUTIES THAT, IN ITS JUDGMENT, WILL BE OF 8,589
GENERAL INTEREST OR AID TO THE INSTITUTION. THE JOINT BOARD OF 8,590
COUNTY COMMISSIONERS MAY APPROPRIATE A TRUSTEES' FUND, TO BE 8,591
EXPENDED BY THE TRUSTEES FOR CONTRACTS, PURCHASES, OR OTHER 8,593
NECESSARY EXPENSES OF THE FACILITY. THE TRUSTEES SHALL MAKE A 8,594
COMPLETE SETTLEMENT WITH THE JOINT BOARD OF COUNTY COMMISSIONERS 8,595
ONCE EACH SIX MONTHS, OR QUARTERLY IF REQUIRED, AND SHALL MAKE TO 8,596
196
THE BOARD OF COUNTY COMMISSIONERS AND TO THE JUVENILE COURT OF 8,597
EACH OF THE COUNTIES A FULL REPORT OF THE CONDITION OF THE 8,598
FACILITY AND RESIDENTS.
(D) THE CHOICE OF AN ESTABLISHED SITE AND BUILDINGS, OR 8,600
THE PURCHASE OF A SITE, STOCK, IMPLEMENTS, AND GENERAL FARM 8,601
EQUIPMENT, SHOULD THERE BE A FARM, THE ERECTION OF BUILDINGS, AND 8,602
THE COMPLETION AND FURNISHING OF THE DISTRICT DETENTION FACILITY 8,603
FOR OCCUPANCY, SHALL BE IN THE HANDS OF THE JOINT BOARD OF COUNTY 8,604
COMMISSIONERS ORGANIZED UNDER SECTION 2152.41 OF THE REVISED 8,606
CODE. THE JOINT BOARD OF COUNTY COMMISSIONERS MAY DELEGATE ALL 8,607
OR A PORTION OF THESE DUTIES TO THE BOARD OF TRUSTEES, UNDER ANY 8,608
RESTRICTIONS THAT THE JOINT BOARD OF COUNTY COMMISSIONERS 8,609
IMPOSES.
WHEN AN ESTABLISHED SITE AND BUILDINGS ARE USED FOR A 8,611
DISTRICT DETENTION FACILITY, THE JOINT BOARD OF COUNTY 8,612
COMMISSIONERS SHALL CAUSE THE VALUE OF THAT SITE AND THOSE 8,613
BUILDINGS TO BE PROPERLY APPRAISED. THIS APPRAISAL VALUE, OR IN 8,614
CASE OF THE PURCHASE OF A SITE, THE PURCHASE PRICE AND THE COST 8,615
OF ALL IMPROVEMENTS THERETO, SHALL BE PAID BY THE COUNTIES 8,616
COMPRISING THE DISTRICT, IN PROPORTION TO THE TAXABLE PROPERTY OF 8,617
EACH COUNTY, AS SHOWN BY ITS TAX DUPLICATE.
(E) ONCE A DISTRICT IS ESTABLISHED, THE TRUSTEES SHALL 8,619
OPERATE, MAINTAIN, AND MANAGE THE FACILITY AS PROVIDED IN 8,620
SECTIONS 2152.41 TO 2152.43 OF THE REVISED CODE. 8,621
Sec. 2152.61. (A) IN ANY PROCEEDING IN WHICH A CHILD HAS 8,623
BEEN ADJUDICATED A DELINQUENT CHILD OR A JUVENILE TRAFFIC 8,624
OFFENDER, ON THE APPLICATION OF A PARTY OR THE COURT'S OWN 8,625
MOTION, THE COURT MAY MAKE AN ORDER RESTRAINING OR OTHERWISE 8,626
CONTROLLING THE CONDUCT OF ANY PARENT, GUARDIAN, OR OTHER 8,627
CUSTODIAN IN THE RELATIONSHIP OF THE INDIVIDUAL TO THE CHILD IF 8,628
THE COURT FINDS THAT AN ORDER OF THAT TYPE NECESSARY TO DO EITHER 8,629
OF THE FOLLOWING: 8,630
(1) CONTROL ANY CONDUCT OR RELATIONSHIP THAT WILL BE 8,632
DETRIMENTAL OR HARMFUL TO THE CHILD; 8,633
197
(2) CONTROL ANY CONDUCT OR RELATIONSHIP THAT WILL TEND TO 8,635
DEFEAT THE EXECUTION OF THE ORDER OF DISPOSITION MADE OR TO BE 8,636
MADE.
(B) DUE NOTICE OF THE APPLICATION OR MOTION AND THE 8,638
GROUNDS FOR THE APPLICATION OR MOTION UNDER DIVISION (A) OF THIS 8,639
SECTION, AND AN OPPORTUNITY TO BE HEARD, SHALL BE GIVEN TO THE 8,640
PERSON AGAINST WHOM THE ORDER UNDER THAT DIVISION IS DIRECTED. 8,641
THE ORDER MAY INCLUDE A REQUIREMENT THAT THE CHILD'S PARENT, 8,643
GUARDIAN, OR OTHER CUSTODIAN ENTER INTO A RECOGNIZANCE WITH
SUFFICIENT SURETY, CONDITIONED UPON THE FAITHFUL DISCHARGE OF ANY 8,644
CONDITIONS OR CONTROL REQUIRED BY THE COURT. 8,645
(C) A PERSON'S FAILURE TO COMPLY WITH ANY ORDER MADE BY 8,647
THE COURT UNDER THIS SECTION IS CONTEMPT OF COURT UNDER CHAPTER 8,648
2705. OF THE REVISED CODE.
Sec. 2151.18 2152.71. (A)(1) The juvenile court shall 8,657
maintain records of all official cases brought before it, 8,659
including an appearance docket, AND a journal, and a cashbook. 8,660
The court shall maintain a separate docket for traffic cases and 8,662
shall record all traffic cases on the separate docket instead of 8,664
on the general appearance docket. The parents of any child 8,665
affected, if they are living, or the nearest of kin of the child, 8,666
if the parents are deceased, may inspect these records, either in 8,667
person or by counsel during the hours in which the court is open. 8,668
(2) The juvenile court shall send to the superintendent of 8,670
the bureau of criminal identification and investigation, pursuant 8,671
to section 109.57 of the Revised Code, a weekly report containing 8,672
a summary of each case that has come before it and that involves 8,673
the disposition of a child who is a delinquent child for 8,675
committing an act that would be a felony or an offense of 8,676
violence if committed by an adult. 8,677
(B) The clerk of the court shall maintain a statistical 8,679
record that includes all of the following: 8,680
(1) The number of complaints that are filed with, OR 8,682
INDICTMENTS OR INFORMATION MADE TO, the court that allege that a 8,684
198
child is a delinquent child, in relation to which the court 8,685
determines under division (D) of section 2151.27 of the Revised 8,686
Code that the victim of the alleged delinquent act was sixty-five 8,687
years of age or older or permanently and totally disabled at the 8,688
time of the alleged commission of the act; 8,689
(2) The number of complaints, INDICTMENTS, OR INFORMATION 8,691
described in division (B)(1) of this section that result in the 8,693
child being adjudicated a delinquent child; 8,694
(3) The number of complaints, INDICTMENTS, OR INFORMATION 8,696
described in division (B)(2) of this section in which the act 8,698
upon which the delinquent child adjudication is based caused 8,699
property damage or would be a theft offense, as defined in 8,700
division (K) of section 2913.01 of the Revised Code, if committed 8,701
by an adult;
(4) The number of complaints, INDICTMENTS, OR INFORMATION 8,703
described in division (B)(3) of this section that result in the 8,705
delinquent child being required as an order of disposition made 8,706
under division (A)(8)(b) of section 2151.355 2152.20 of the 8,707
Revised Code to make restitution for all or part of the property 8,709
damage caused by the child's delinquent act or for all or part of 8,711
the value of the property that was the subject of the delinquent 8,712
act that would be a theft offense if committed by an adult; 8,713
(5) The number of complaints, INDICTMENTS, OR INFORMATION 8,715
described in division (B)(2) of this section in which the act 8,717
upon which the delinquent child adjudication is based would have 8,718
been an offense of violence if committed by an adult; 8,719
(6) The number of complaints, INDICTMENTS, OR INFORMATION 8,721
described in division (B)(5) of this section that result in the 8,723
delinquent child being committed as an order of disposition made 8,724
under division (A)(3), (4), (5), (6), or (7) of section 2151.355 8,725
2152.16, DIVISIONS (A) AND (B) OF SECTION 2152.17, OR DIVISION 8,727
(A)(2) OF SECTION 2152.19 of the Revised Code to any facility for 8,728
delinquent children operated by the county, a district, or a 8,729
private agency or organization or to the department of youth 8,730
199
services;
(7) The number of complaints, INDICTMENTS, OR INFORMATION 8,732
described in division (B)(1) of this section that result in the 8,734
case being transferred for criminal prosecution to an appropriate 8,735
court having jurisdiction of the offense under section 2151.26 8,736
2152.12 of the Revised Code. 8,737
(C) The clerk of the court shall compile an annual summary 8,739
covering the preceding calendar year showing all of the 8,740
information for that year contained in the statistical record 8,741
maintained under division (B) of this section. The statistical 8,742
record and the annual summary shall be public records open for 8,743
inspection. Neither the statistical record nor the annual 8,744
summary shall include the identity of any party to a case. 8,745
(D) Not later than June of each year, the court shall 8,747
prepare an annual report covering the preceding calendar year 8,748
showing the number and kinds of cases that have come before it, 8,749
the disposition of the cases, and any other data pertaining to 8,750
the work of the court that the juvenile judge directs. The court 8,752
shall file copies of the report with the board of county
commissioners. With the approval of the board, the court may 8,753
print or cause to be printed copies of the report for 8,754
distribution to persons and agencies interested in the court or 8,756
community program for dependent, neglected, abused, or delinquent 8,757
children and juvenile traffic offenders. The court shall include 8,758
the number of copies ordered printed and the estimated cost of
each printed copy on each copy of the report printed for 8,759
distribution. 8,760
Sec. 2151.62 2152.72. (A) This section applies only to a 8,770
child who is or previously has been adjudicated a delinquent 8,772
child for an act to which any of the following applies: 8,773
(1) It THE ACT is a violation of section 2903.01, 2903.02, 8,775
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2907.02, 2907.03, or 8,777
2907.05 of the Revised Code;
(2) It THE ACT is a violation of section 2923.01 of the 8,779
200
Revised Code and involved an attempt to commit aggravated murder 8,781
or murder;
(3) It THE ACT would be a felony if committed by an adult 8,783
and the court determined that the child, if an adult, would be 8,785
guilty of a specification found in section 2941.141, 2941.144, or 8,786
2941.145 of the Revised Code or in another section of the Revised 8,788
Code that relates to the possession or use of a firearm, as 8,789
defined in section 2923.11 of the Revised Code, during the 8,790
commission of the act for which the child was adjudicated a
delinquent child. 8,791
(B)(1) Except as provided in division (E) of this section, 8,794
a public children services agency, private child placing agency, 8,796
private noncustodial agency, or court, the department of youth
services, or another private or government entity shall not place 8,797
a child in a foster home until it provides the foster caregivers 8,798
with all of the following: 8,799
(a) A written report describing the child's social 8,801
history;
(b) A written report describing all the acts committed by 8,803
the child the entity knows of that resulted in the child being 8,806
adjudicated a delinquent child and the disposition made by the 8,807
court, unless the records pertaining to the acts have been sealed 8,808
pursuant to section 2151.358 of the Revised Code; 8,809
(c) A written report describing any other violent act 8,811
committed by the child of which the entity is aware; 8,813
(d) The substantial and material conclusions and 8,815
recommendations of any psychiatric or psychological examination 8,817
conducted on the child or, if no psychological or psychiatric 8,818
examination of the child is available, the substantial and 8,819
material conclusions and recommendations of an examination to 8,820
detect mental and emotional disorders conducted in compliance 8,821
with the requirements of Chapter 4757. of the Revised Code by an
independent social worker, social worker, professional clinical 8,822
counselor, or professional counselor licensed under that chapter. 8,823
201
The entity shall not provide any part of a psychological, 8,824
psychiatric, or mental and emotional disorder examination to the 8,825
foster caregivers other than the substantial and material 8,826
conclusions.
(2) Notwithstanding section 2151.358 of the Revised Code, 8,829
if records of an adjudication that a child is a delinquent child 8,830
have been sealed pursuant to that section and an entity knows the
records have been sealed, the entity shall provide the foster 8,831
caregivers a written statement that the records of a prior 8,832
adjudication have been sealed.
(C) The entity that places the child in a foster home 8,835
shall conduct a psychological examination of the child, except 8,836
that the entity is not required to conduct the examination if
such an examination was conducted no more than one year prior to 8,837
the child's placement. No later than sixty days after placing 8,838
the child, the entity shall provide the foster caregiver a 8,840
written report detailing the substantial and material conclusions
and recommendations of the examination conducted pursuant to this 8,842
division.
(D)(1) Except as provided in divisions (D)(2) and (3) of 8,844
this section, the expenses of conducting the examinations and 8,846
preparing the reports and assessment required by division (B) or 8,847
(C) of this section shall be paid by the entity that places the 8,848
child in the foster home.
(2) When a juvenile court grants temporary or permanent 8,850
custody of a child pursuant to any section of the Revised Code, 8,851
including section 2151.33, 2151.353, 2151.354, or 2151.355 8,852
2152.19 of the Revised Code, to a public children services agency 8,853
or private child placing agency, the court shall provide the 8,854
agency the information described in division (B) of this section, 8,856
pay the expenses of preparing that information, and, if a new
examination is required to be conducted, pay the expenses of 8,857
conducting the examination described in division (C) of this 8,858
section. On receipt of the information described in division (B) 8,859
202
of this section, the agency shall provide to the court written 8,860
acknowledgment that the agency received the information. The 8,861
court shall keep the acknowledgment and provide a copy to the 8,862
agency. On the motion of the agency, the court may terminate the 8,863
order granting temporary or permanent custody of the child to 8,864
that agency, if the court does not provide the information 8,865
described in division (B) of this section. 8,866
(3) If one of the following entities is placing a child in 8,868
a foster home with the assistance of or by contracting with a 8,869
public children services agency, private child placing agency, or 8,870
a private noncustodial agency, the entity shall provide the 8,871
agency with the information described in division (B) of this 8,872
section, pay the expenses of preparing that information, and, if 8,873
a new examination is required to be conducted, pay the expenses
of conducting the examination described in division (C) of this 8,874
section: 8,875
(a) The department of youth services if the placement is 8,877
pursuant to any section of the Revised Code including section 8,878
2151.38 2152.22, 5139.06, 5139.07, 5139.38, or 5139.39 of the 8,879
Revised Code;
(b) A juvenile court with temporary or permanent custody 8,881
of a child pursuant to section 2151.354 or 2151.355 2152.19 of 8,882
the Revised Code; 8,883
(c) A public children services agency or private child 8,885
placing agency with temporary or permanent custody of the child. 8,886
The agency receiving the information described in division 8,888
(B) of this section shall provide the entity described in 8,890
division (D)(3)(a) to (c) of this section that sent the 8,891
information written acknowledgment that the agency received the 8,893
information and provided it to the foster caregivers. The entity
shall keep the acknowledgment and provide a copy to the agency. 8,895
An entity that places a child in a foster home with the 8,896
assistance of or by contracting with an agency remains 8,897
responsible to provide the information described in division (B) 8,899
203
of this section to the foster caregivers unless the entity 8,900
receives written acknowledgment that the agency provided the 8,901
information.
(E) If a child is placed in a foster home as a result of 8,904
an emergency removal of the child from home pursuant to division 8,905
(D) of section 2151.31 of the Revised Code, an emergency change 8,907
in the child's case plan pursuant to division (E)(3) of section 8,909
2151.412 of the Revised Code, or an emergency placement by the 8,910
department of youth services pursuant to this chapter or Chapter 8,911
5139. of the Revised Code, the entity that places the child in 8,913
the foster home shall provide the information described in 8,914
division (B) of this section no later than ninety-six hours after 8,916
the child is placed in the foster home. 8,917
(F) On receipt of the information described in divisions 8,919
(B) and (C) of this section, the foster caregiver shall provide 8,921
to the entity that places the child in the foster caregiver's
home a written acknowledgment that the foster caregiver received 8,922
the information. The entity shall keep the acknowledgment and 8,924
provide a copy to the foster caregiver. 8,925
(G) No person employed by an entity subject to this 8,927
section and made responsible by that entity for the child's 8,928
placement in a foster home shall fail to provide the foster 8,930
caregivers with the information required by divisions (B) and (C) 8,932
of this section.
(H) It is not a violation of any duty of confidentiality 8,935
provided for in the Revised Code or a code of professional 8,937
responsibility for a person or government entity to provide the 8,938
substantial and material conclusions and recommendations of a 8,939
psychiatric or psychological examination, or an examination to 8,940
detect mental and emotional disorders, in accordance with 8,941
division (B)(1)(d) or (C) of this section. 8,942
Sec. 2151.11 2152.73. A juvenile court may participate 8,951
with other public or private agencies of the county served by the 8,953
court in programs which THAT have as their objective the 8,955
204
prevention and control of juvenile delinquency. The juvenile
judge may assign employees of the court, as part of their regular 8,956
duties, to work with organizations concerned with combatting 8,957
conditions known to contribute to delinquency, providing adult 8,958
sponsors for children who have been found TO BE delinquent 8,959
CHILDREN, and developing wholesome youth programs. 8,960
The juvenile judge may accept and administer on behalf of 8,962
the court gifts, grants, bequests, and devises made to the court 8,963
for the purpose of preventing delinquency. 8,964
Sec. 2151.315 2152.74. (A) As used in this section, "DNA 8,974
analysis" and "DNA specimen" have the same meanings as in section 8,975
109.573 of the Revised Code. 8,976
(B)(1) A child who is adjudicated a delinquent child for 8,978
committing an act listed in division (D) of this section and who 8,979
is committed to the custody of the department of youth services 8,980
or to a school, camp, institution, or other facility for 8,981
delinquent children described in division (A)(3)(2) of section 8,982
2151.355 2152.19 of the Revised Code shall submit to a DNA 8,983
specimen collection procedure administered by the director of 8,984
youth services if committed to the department or by the chief 8,985
administrative officer of the school, camp, institution, or other 8,986
facility for delinquent children to which the child was 8,987
committed. If the court commits the child to the department of 8,988
youth services, the director of youth services shall cause the 8,989
DNA specimen to be collected from the child during the intake 8,990
process at an institution operated by or under the control of the 8,991
department. If the court commits the child to a school, camp, 8,992
institution, or other facility for delinquent children, the chief 8,993
administrative officer of the school, camp, institution, or 8,994
facility to which the child is committed shall cause the DNA 8,996
specimen to be collected from the child during the intake process 8,997
for the school, camp, institution, or facility. In accordance 8,998
with division (C) of this section, the director or the chief 8,999
administrative officer shall cause the DNA specimen to be 9,002
205
forwarded to the bureau of criminal identification and 9,003
investigation no later than fifteen days after the date of the 9,004
collection of the DNA specimen. The DNA specimen shall be 9,005
collected from the child in accordance with division (C) of this 9,007
section.
(2) If a child is adjudicated a delinquent child for 9,009
committing an act listed in division (D) of this section, is 9,011
committed to the department of youth services or to a school, 9,013
camp, institution, or other facility for delinquent children, and 9,014
does not submit to a DNA specimen collection procedure pursuant 9,016
to division (B)(1) of this section, prior to the child's release 9,017
from the custody of the department of youth services or from the 9,018
custody of the school, camp, institution, or facility, the child 9,019
shall submit to, and the director of youth services or the chief 9,020
administrator of the school, camp, institution, or facility to 9,021
which the child is committed shall administer, a DNA specimen 9,022
collection procedure at the institution operated by or under the 9,023
control of the department of youth services or at the school, 9,024
camp, institution, or facility to which the child is committed. 9,025
In accordance with division (C) of this section, the director or 9,026
the chief administrative officer shall cause the DNA specimen to 9,029
be forwarded to the bureau of criminal identification and
investigation no later than fifteen days after the date of the 9,030
collection of the DNA specimen. The DNA specimen shall be 9,031
collected in accordance with division (C) of this section. 9,032
(C) A physician, registered nurse, licensed practical 9,035
nurse, duly licensed clinical laboratory technician, or other 9,036
qualified medical practitioner shall collect in a medically
approved manner the DNA specimen required to be collected 9,037
pursuant to division (B) of this section. No later than fifteen 9,038
days after the date of the collection of the DNA specimen, the 9,039
director of youth services or the chief administrative officer of 9,041
the school, camp, institution, or other facility for delinquent 9,042
children to which the child is committed shall cause the DNA 9,043
206
specimen to be forwarded to the bureau of criminal identification 9,045
and investigation in accordance with procedures established by 9,046
the superintendent of the bureau under division (H) of section 9,048
109.573 of the Revised Code. The bureau shall provide the 9,049
specimen vials, mailing tubes, labels, postage, and instruction 9,050
needed for the collection and forwarding of the DNA specimen to 9,052
the bureau.
(D) The director of youth services and the chief 9,054
administrative officer of a school, camp, institution, or other 9,055
facility for delinquent children shall cause a DNA specimen to be 9,056
collected in accordance with divisions (B) and (C) of this 9,057
section from each child in its custody who is adjudicated a 9,058
delinquent child for committing any of the following acts: 9,060
(1) A violation of section 2903.01, 2903.02, 2905.01, 9,062
2907.02, 2907.03, 2907.04, 2907.05, or 2911.11 of the Revised 9,064
Code;
(2) A violation of section 2907.12 of the Revised Code as 9,066
it existed prior to September 3, 1996; 9,067
(3) An attempt to commit a violation of section 2907.02, 9,069
2907.03, 2907.04, or 2907.05 of the Revised Code or to commit a 9,071
violation of section 2907.12 of the Revised Code as it existed 9,072
prior to September 3, 1996; 9,073
(4) A violation of any law that arose out of the same 9,075
facts and circumstances and same act as did a charge against the 9,078
child of a violation of section 2903.01, 2903.02, 2905.01, 9,079
2907.02, 2907.03, 2907.04, 2907.05, or 2911.11 of the Revised 9,080
Code that previously was dismissed or amended or as did a charge 9,081
against the child of a violation of section 2907.12 of the 9,082
Revised Code as it existed prior to September 3, 1996, that 9,083
previously was dismissed or amended;
(5) A violation of section 2905.02 or 2919.23 of the 9,085
Revised Code that would have been a violation of section 2905.04 9,087
of the Revised Code as it existed prior to July 1, 1996, had the 9,088
violation been committed prior to that date.
207
(E) The director of youth services and the chief 9,090
administrative officer of a school, camp, institution, or other 9,091
facility for delinquent children is not required to comply with 9,092
this section until the superintendent of the bureau of criminal 9,094
identification and investigation gives agencies in the juvenile 9,095
justice system, as defined in section 181.51 of the Revised Code,
in the state official notification that the state DNA laboratory 9,098
is prepared to accept DNA specimens. 9,099
Sec. 2151.3511 2152.81. (A)(1) As used in this section, 9,108
"victim" includes any of the following persons: 9,109
(a) A person who was a victim of a violation identified in 9,111
division (A)(2) of this section or an act that would be an 9,112
offense of violence if committed by an adult; 9,113
(b) A person against whom was directed any conduct that 9,115
constitutes, or that is an element of, a violation identified in 9,116
division (A)(2) of this section or an act that would be an 9,117
offense of violence if committed by an adult. 9,118
(2) In any proceeding in juvenile court involving a 9,120
complaint, INDICTMENT, OR INFORMATION in which a child is charged 9,121
with a violation of section 2905.03, 2905.05, 2907.02, 2907.03, 9,123
2907.04, 2907.05, 2907.06, 2907.07, 2907.09, 2907.21, 2907.23, 9,125
2907.24, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, or 9,126
2919.22 of the Revised Code or an act that would be an offense of 9,127
violence if committed by an adult and in which an alleged victim 9,128
of the violation or act was a child who was less than thirteen 9,129
years of age when the complaint OR INFORMATION was filed OR THE 9,131
INDICTMENT WAS RETURNED, the juvenile judge, upon motion of an 9,132
attorney for the prosecution, shall order that the testimony of 9,133
the child victim be taken by deposition. The prosecution also 9,134
may request that the deposition be videotaped in accordance with 9,135
division (A)(3) of this section. The judge shall notify the 9,137
child victim whose deposition is to be taken, the prosecution, 9,138
and the attorney for the child who is charged with the violation 9,139
or act of the date, time, and place for taking the deposition. 9,140
208
The notice shall identify the child victim who is to be examined 9,142
and shall indicate whether a request that the deposition be 9,143
videotaped has been made. The child who is charged with the 9,144
violation or act shall have the right to attend the deposition 9,146
and the right to be represented by counsel. Depositions shall be 9,147
taken in the manner provided in civil cases, except that the 9,148
judge in the proceeding shall preside at the taking of the 9,149
deposition and shall rule at that time on any objections of the 9,150
prosecution or the attorney for the child charged with the 9,151
violation or act. The prosecution and the attorney for the child 9,152
charged with the violation or act shall have the right, as at an 9,153
adjudication hearing, to full examination and cross-examination 9,154
of the child victim whose deposition is to be taken. If a 9,155
deposition taken under this division is intended to be offered as 9,156
evidence in the proceeding, it shall be filed in the juvenile 9,157
court in which the action is pending and is admissible in the 9,158
manner described in division (B) of this section. If a 9,159
deposition of a child victim taken under this division is 9,160
admitted as evidence at the proceeding under division (B) of this 9,161
section, the child victim shall not be required to testify in 9,162
person at the proceeding. However, at any time before the 9,163
conclusion of the proceeding, the attorney for the child charged 9,164
with the violation or act may file a motion with the judge 9,165
requesting that another deposition of the child victim be taken
because new evidence material to the defense of the child charged 9,166
has been discovered that the attorney for the child charged could 9,167
not with reasonable diligence have discovered prior to the taking 9,168
of the admitted deposition. Any motion requesting another 9,169
deposition shall be accompanied by supporting affidavits. Upon 9,171
the filing of the motion and affidavits, the court may order that 9,172
additional testimony of the child victim relative to the new 9,173
evidence be taken by another deposition. If the court orders the 9,174
taking of another deposition under this provision, the deposition 9,175
shall be taken in accordance with this division; if the admitted 9,176
209
deposition was a videotaped deposition taken in accordance with 9,177
division (A)(3) of this section, the new deposition also shall be 9,178
videotaped in accordance with that division, and, in other cases, 9,179
the new deposition may be videotaped in accordance with that 9,180
division.
(3) If the prosecution requests that a deposition to be 9,182
taken under division (A)(2) of this section be videotaped, the 9,184
juvenile judge shall order that the deposition be videotaped in
accordance with this division. If a juvenile judge issues an 9,186
order to video tape the deposition, the judge shall exclude from
the room in which the deposition is to be taken every person 9,188
except the child victim giving the testimony, the judge, one or 9,189
more interpreters if needed, the attorneys for the prosecution 9,190
and the child who is charged with the violation or act, any 9,191
person needed to operate the equipment to be used, one person 9,192
chosen by the child victim giving the deposition, and any person 9,193
whose presence the judge determines would contribute to the 9,194
welfare and well-being of the child victim giving the deposition. 9,195
The person chosen by the child victim shall not be a witness in 9,196
the proceeding and, both before and during the deposition, shall 9,198
not discuss the testimony of the child victim with any other 9,200
witness in the proceeding. To the extent feasible, any person 9,201
operating the recording equipment shall be restricted to a room 9,202
adjacent to the room in which the deposition is being taken, or 9,203
to a location in the room in which the deposition is being taken 9,204
that is behind a screen or mirror so that the person operating 9,205
the recording equipment can see and hear, but cannot be seen or 9,207
heard by, the child victim giving the deposition during the 9,208
deposition. The child who is charged with the violation or act 9,209
shall be permitted to observe and hear the testimony of the child 9,210
victim giving the deposition on a monitor, shall be provided with 9,211
an electronic means of immediate communication with the attorney 9,212
of the child who is charged with the violation or act during the 9,213
testimony, and shall be restricted to a location from which the 9,214
210
child who is charged with the violation or act cannot be seen or 9,217
heard by the child victim giving the deposition, except on a
monitor provided for that purpose. The child victim giving the 9,218
deposition shall be provided with a monitor on which the child 9,219
victim can observe, while giving testimony, the child who is 9,220
charged with the violation or act. The judge, at the judge's 9,222
discretion, may preside at the deposition by electronic means 9,224
from outside the room in which the deposition is to be taken; if 9,225
the judge presides by electronic means, the judge shall be 9,226
provided with monitors on which the judge can see each person in 9,228
the room in which the deposition is to be taken and with an 9,229
electronic means of communication with each person in that room, 9,230
and each person in the room shall be provided with a monitor on 9,232
which that person can see the judge and with an electronic means 9,233
of communication with the judge. A deposition that is videotaped 9,234
under this division shall be taken and filed in the manner 9,235
described in division (A)(2) of this section and is admissible in 9,237
the manner described in this division and division (B) of this 9,238
section, and, if a deposition that is videotaped under this 9,240
division is admitted as evidence at the proceeding, the child 9,241
victim shall not be required to testify in person at the 9,242
proceeding. No deposition videotaped under this division shall 9,243
be admitted as evidence at any proceeding unless division (B) of 9,244
this section is satisfied relative to the deposition and all of 9,245
the following apply relative to the recording: 9,246
(a) The recording is both aural and visual and is recorded 9,248
on film or videotape, or by other electronic means. 9,249
(b) The recording is authenticated under the Rules of 9,251
Evidence and the Rules of Criminal Procedure as a fair and 9,252
accurate representation of what occurred, and the recording is 9,253
not altered other than at the direction and under the supervision 9,254
of the judge in the proceeding. 9,255
(c) Each voice on the recording that is material to the 9,257
testimony on the recording or the making of the recording, as 9,258
211
determined by the judge, is identified. 9,259
(d) Both the prosecution and the child who is charged with 9,261
the violation or act are afforded an opportunity to view the 9,262
recording before it is shown in the proceeding. 9,263
(B)(1) At any proceeding in relation to which a deposition 9,265
was taken under division (A) of this section, the deposition or a 9,266
part of it is admissible in evidence upon motion of the 9,267
prosecution if the testimony in the deposition or the part to be 9,268
admitted is not excluded by the hearsay rule and if the 9,269
deposition or the part to be admitted otherwise is admissible 9,270
under the Rules of Evidence. For purposes of this division, 9,271
testimony is not excluded by the hearsay rule if the testimony is 9,272
not hearsay under Evidence Rule 801; if the testimony is within 9,273
an exception to the hearsay rule set forth in Evidence Rule 803; 9,274
if the child victim who gave the testimony is unavailable as a 9,275
witness, as defined in Evidence Rule 804, and the testimony is 9,276
admissible under that rule; or if both of the following apply: 9,277
(a) The child who is charged with the violation or act had 9,279
an opportunity and similar motive at the time of the taking of 9,280
the deposition to develop the testimony by direct, cross, or 9,281
redirect examination. 9,282
(b) The judge determines that there is reasonable cause to 9,284
believe that, if the child victim who gave the testimony in the 9,285
deposition were to testify in person at the proceeding, the child 9,286
victim would experience serious emotional trauma as a result of 9,287
the child victim's participation at the proceeding. 9,288
(2) Objections to receiving in evidence a deposition or a 9,290
part of it under division (B) of this section shall be made as 9,291
provided in civil actions. 9,292
(3) The provisions of divisions (A) and (B) of this 9,294
section are in addition to any other provisions of the Revised 9,295
Code, the Rules of Juvenile Procedure, the Rules of Criminal 9,296
Procedure, or the Rules of Evidence that pertain to the taking or 9,297
admission of depositions in a juvenile court proceeding and do 9,298
212
not limit the admissibility under any of those other provisions 9,300
of any deposition taken under division (A) of this section or 9,301
otherwise taken. 9,302
(C) In any proceeding in juvenile court involving a 9,304
complaint, INDICTMENT, OR INFORMATION in which a child is charged 9,306
with a violation listed in division (A)(2) of this section or an 9,307
act that would be an offense of violence if committed by an adult 9,308
and in which an alleged victim of the violation or offense was a 9,310
child who was less than thirteen years of age when the complaint 9,311
OR INFORMATION was filed OR INDICTMENT WAS RETURNED, the 9,312
prosecution may file a motion with the juvenile judge requesting 9,314
the judge to order the testimony of the child victim to be taken 9,315
in a room other than the room in which the proceeding is being 9,316
conducted and be televised, by closed circuit equipment, into the 9,317
room in which the proceeding is being conducted to be viewed by 9,318
the child who is charged with the violation or act and any other 9,319
persons who are not permitted in the room in which the testimony 9,320
is to be taken but who would have been present during the 9,321
testimony of the child victim had it been given in the room in 9,322
which the proceeding is being conducted. Except for good cause 9,323
shown, the prosecution shall file a motion under this division at 9,324
least seven days before the date of the proceeding. The juvenile 9,326
judge may issue the order upon the motion of the prosecution 9,328
filed under this division, if the judge determines that the child 9,329
victim is unavailable to testify in the room in which the 9,330
proceeding is being conducted in the physical presence of the 9,331
child charged with the violation or act, due to one or more of 9,332
the reasons set forth in division (E) of this section. If a 9,333
juvenile judge issues an order of that nature, the judge shall 9,334
exclude from the room in which the testimony is to be taken every 9,336
person except a person described in division (A)(3) of this 9,337
section. The judge, at the judge's discretion, may preside 9,339
during the giving of the testimony by electronic means from 9,340
outside the room in which it is being given, subject to the 9,341
213
limitations set forth in division (A)(3) of this section. To the 9,343
extent feasible, any person operating the televising equipment 9,344
shall be hidden from the sight and hearing of the child victim 9,345
giving the testimony, in a manner similar to that described in 9,346
division (A)(3) of this section. The child who is charged with 9,348
the violation or act shall be permitted to observe and hear the 9,349
testimony of the child victim giving the testimony on a monitor, 9,350
shall be provided with an electronic means of immediate 9,351
communication with the attorney of the child who is charged with 9,352
the violation or act during the testimony, and shall be 9,353
restricted to a location from which the child who is charged with 9,354
the violation or act cannot be seen or heard by the child victim 9,355
giving the testimony, except on a monitor provided for that 9,356
purpose. The child victim giving the testimony shall be provided 9,357
with a monitor on which the child victim can observe, while 9,358
giving testimony, the child who is charged with the violation or 9,359
act.
(D) In any proceeding in juvenile court involving a 9,361
complaint, INDICTMENT, OR INFORMATION in which a child is charged 9,363
with a violation listed in division (A)(2) of this section or an 9,364
act that would be an offense of violence if committed by an adult 9,365
and in which an alleged victim of the violation or offense was a 9,367
child who was less than thirteen years of age when the complaint 9,368
OR INFORMATION was filed OR THE INDICTMENT WAS RETURNED, the 9,369
prosecution may file a motion with the juvenile judge requesting 9,370
the judge to order the testimony of the child victim to be taken 9,371
outside of the room in which the proceeding is being conducted 9,372
and be recorded for showing in the room in which the proceeding 9,373
is being conducted before the judge, the child who is charged 9,374
with the violation or act, and any other persons who would have 9,375
been present during the testimony of the child victim had it been 9,376
given in the room in which the proceeding is being conducted. 9,377
Except for good cause shown, the prosecution shall file a motion 9,378
under this division at least seven days before the date of the 9,379
214
proceeding. The juvenile judge may issue the order upon the 9,381
motion of the prosecution filed under this division, if the judge 9,382
determines that the child victim is unavailable to testify in the 9,384
room in which the proceeding is being conducted in the physical 9,385
presence of the child charged with the violation or act, due to 9,386
one or more of the reasons set forth in division (E) of this 9,387
section. If a juvenile judge issues an order of that nature, the 9,388
judge shall exclude from the room in which the testimony is to be 9,390
taken every person except a person described in division (A)(3) 9,391
of this section. To the extent feasible, any person operating 9,392
the recording equipment shall be hidden from the sight and 9,393
hearing of the child victim giving the testimony, in a manner 9,394
similar to that described in division (A)(3) of this section. 9,395
The child who is charged with the violation or act shall be 9,396
permitted to observe and hear the testimony of the child victim 9,397
giving the testimony on a monitor, shall be provided with an 9,398
electronic means of immediate communication with the attorney of 9,399
the child who is charged with the violation or act during the 9,400
testimony, and shall be restricted to a location from which the 9,401
child who is charged with the violation or act cannot be seen or 9,403
heard by the child victim giving the testimony, except on a
monitor provided for that purpose. The child victim giving the 9,404
testimony shall be provided with a monitor on which the child 9,405
victim can observe, while giving testimony, the child who is 9,406
charged with the violation or act. No order for the taking of 9,407
testimony by recording shall be issued under this division unless 9,408
the provisions set forth in divisions (A)(3)(a), (b), (c), and 9,409
(d) of this section apply to the recording of the testimony. 9,411
(E) For purposes of divisions (C) and (D) of this section, 9,413
a juvenile judge may order the testimony of a child victim to be 9,414
taken outside of the room in which a proceeding is being 9,415
conducted if the judge determines that the child victim is 9,416
unavailable to testify in the room in the physical presence of 9,417
the child charged with the violation or act due to one or more of 9,418
215
the following circumstances: 9,419
(1) The persistent refusal of the child victim to testify 9,421
despite judicial requests to do so; 9,422
(2) The inability of the child victim to communicate about 9,424
the alleged violation or offense because of extreme fear, failure 9,425
of memory, or another similar reason; 9,426
(3) The substantial likelihood that the child victim will 9,428
suffer serious emotional trauma from so testifying. 9,429
(F)(1) If a juvenile judge issues an order pursuant to 9,431
division (C) or (D) of this section that requires the testimony 9,432
of a child victim in a juvenile court proceeding to be taken 9,433
outside of the room in which the proceeding is being conducted, 9,434
the order shall specifically identify the child victim to whose 9,435
testimony it applies, the order applies only during the testimony 9,436
of the specified child victim, and the child victim giving the 9,437
testimony shall not be required to testify at the proceeding 9,438
other than in accordance with the order. The authority of a 9,439
judge to close the taking of a deposition under division (A)(3) 9,441
of this section or a proceeding under division (C) or (D) of this 9,442
section is in addition to the authority of a judge to close a 9,443
hearing pursuant to section 2151.35 of the Revised Code. 9,444
(2) A juvenile judge who makes any determination regarding 9,446
the admissibility of a deposition under divisions (A) and (B) of 9,447
this section, the videotaping of a deposition under division 9,448
(A)(3) of this section, or the taking of testimony outside of the 9,450
room in which a proceeding is being conducted under division (C) 9,451
or (D) of this section, shall enter the determination and 9,452
findings on the record in the proceeding. 9,453
Sec. 2152.99. WHOEVER VIOLATES DIVISION (G) OF SECTION 9,455
2152.72 OF THE REVISED CODE IS GUILTY OF A MINOR MISDEMEANOR. 9,456
Sec. 2153.16. The juvenile court shall exercise the 9,465
jurisdiction and powers conferred upon the juvenile court by 9,466
Chapter CHAPTERS 2151. AND 2152. and other sections of the 9,468
Revised Code, unless such THE jurisdiction and powers are 9,469
216
inconsistent with sections 2153.01 to 2153.17, inclusive, of the 9,471
Revised Code, or ARE plainly inapplicable. 9,472
Sec. 2301.03. (A) In Franklin county, the judges of the 9,481
court of common pleas whose terms begin on January 1, 1953, 9,482
January 2, 1953, January 5, 1969, January 5, 1977, and January 2, 9,483
1997, and successors, shall have the same qualifications, 9,484
exercise the same powers and jurisdiction, and receive the same 9,485
compensation as other judges of the court of common pleas of 9,486
Franklin county and shall be elected and designated as judges of 9,487
the court of common pleas, division of domestic relations. They 9,488
shall have all the powers relating to juvenile courts, and all 9,489
cases under Chapter CHAPTERS 2151. AND 2152. of the Revised Code, 9,490
all parentage proceedings under Chapter 3111. of the Revised Code 9,491
over which the juvenile court has jurisdiction, and all divorce, 9,493
dissolution of marriage, legal separation, and annulment cases 9,494
shall be assigned to them. In addition to the judge's regular 9,495
duties, the judge who is senior in point of service shall serve 9,497
on the children services board and the county advisory board and 9,498
shall be the administrator of the domestic relations division and 9,499
its subdivisions and departments.
(B)(1) In Hamilton county, the: 9,501
(1) THE judge of the court of common pleas, whose term 9,504
begins on January 1, 1957, and successors, and the judge of the 9,505
court of common pleas, whose term begins on February 14, 1967, 9,506
and successors, shall be the juvenile judges as provided in 9,507
Chapter CHAPTERS 2151. AND 2152. of the Revised Code, with the 9,509
powers and jurisdiction conferred by that chapter THOSE CHAPTERS. 9,510
(2) The judges of the court of common pleas whose terms 9,512
begin on January 5, 1957, January 16, 1981, and July 1, 1991, and 9,513
successors, shall be elected and designated as judges of the 9,514
court of common pleas, division of domestic relations, and shall 9,515
have assigned to them all divorce, dissolution of marriage, legal 9,516
separation, and annulment cases coming before the court. On or 9,517
after the first day of July and before the first day of August of 9,518
217
1991 and each year thereafter, a majority of the judges of the 9,519
division of domestic relations shall elect one of the judges of 9,520
the division as administrative judge of that division. If a 9,521
majority of the judges of the division of domestic relations are 9,522
unable for any reason to elect an administrative judge for the 9,524
division before the first day of August, a majority of the judges 9,525
of the Hamilton county court of common pleas, as soon as possible 9,526
after that date, shall elect one of the judges of the division of 9,527
domestic relations as administrative judge of that division. The 9,528
term of the administrative judge shall begin on the earlier of 9,529
the first day of August of the year in which the administrative 9,530
judge is elected or the date on which the administrative judge is 9,532
elected by a majority of the judges of the Hamilton county court 9,535
of common pleas and shall terminate on the date on which the 9,536
administrative judge's successor is elected in the following 9,537
year. 9,538
In addition to the judge's regular duties, the 9,540
administrative judge of the division of domestic relations shall 9,542
be the administrator of the domestic relations division and its 9,543
subdivisions and departments and shall have charge of the 9,544
employment, assignment, and supervision of the personnel of the 9,545
division engaged in handling, servicing, or investigating 9,546
divorce, dissolution of marriage, legal separation, and annulment 9,547
cases, including any referees considered necessary by the judges 9,548
in the discharge of their various duties. 9,549
The administrative judge of the division of domestic 9,551
relations also shall designate the title, compensation, expense 9,552
allowances, hours, leaves of absence, and vacations of the 9,553
personnel of the division, and shall fix the duties of its 9,554
personnel. The duties of the personnel, in addition to those 9,555
provided for in other sections of the Revised Code, shall include 9,556
the handling, servicing, and investigation of divorce, 9,557
dissolution of marriage, legal separation, and annulment cases 9,558
and counseling and conciliation services that may be made 9,559
218
available to persons requesting them, whether or not the persons 9,560
are parties to an action pending in the division. 9,561
The board of county commissioners shall appropriate the sum 9,563
of money each year as will meet all the administrative expenses 9,564
of the division of domestic relations, including reasonable 9,565
expenses of the domestic relations judges and the division 9,566
counselors and other employees designated to conduct the 9,567
handling, servicing, and investigation of divorce, dissolution of 9,568
marriage, legal separation, and annulment cases, conciliation and 9,569
counseling, and all matters relating to those cases and 9,570
counseling, and the expenses involved in the attendance of 9,571
division personnel at domestic relations and welfare conferences 9,572
designated by the division, and the further sum each year as will 9,573
provide for the adequate operation of the division of domestic 9,574
relations. 9,575
The compensation and expenses of all employees and the 9,577
salary and expenses of the judges shall be paid by the county 9,578
treasurer from the money appropriated for the operation of the 9,579
division, upon the warrant of the county auditor, certified to by 9,580
the administrative judge of the division of domestic relations. 9,581
The summonses, warrants, citations, subpoenas, and other 9,583
writs of the division may issue to a bailiff, constable, or staff 9,584
investigator of the division or to the sheriff of any county or 9,585
any marshal, constable, or police officer, and the provisions of 9,586
law relating to the subpoenaing of witnesses in other cases shall 9,587
apply insofar as they are applicable. When a summons, warrant, 9,588
citation, subpoena, or other writ is issued to an officer, other 9,589
than a bailiff, constable, or staff investigator of the division, 9,590
the expense of serving it shall be assessed as a part of the 9,591
costs in the case involved. 9,592
(3) The judge of the court of common pleas of Hamilton 9,595
County whose term begins on January 3, 1997, shall be elected and 9,596
designated for one term only as the drug court judge of the court 9,597
of common pleas of Hamilton County, and the successors to that 9,599
219
judge shall be elected and designated as judges of the general 9,600
division of the court of common pleas of Hamilton county and 9,601
shall not have the authority granted by division (B)(3) of this 9,602
section. The drug court judge may accept or reject any case 9,603
referred to the drug court judge under division (B)(3) of this 9,604
section. After the drug court judge accepts a referred case, the 9,605
drug court judge has full authority over the case, including the 9,606
authority to conduct arraignment, accept pleas, enter findings 9,607
and dispositions, conduct trials, order treatment, and if 9,608
treatment is not successfully completed pronounce and enter 9,609
sentence.
A judge of the general division of the court of common 9,611
pleas of Hamilton County and a judge of the Hamilton County 9,613
municipal court may refer to the drug court judge any case, and 9,614
any companion cases, the judge determines meet the criteria 9,615
described under divisions (B)(3)(a) and (b) of this section. If 9,617
the drug court judge accepts referral of a referred case, the 9,618
case, and any companion cases, shall be transferred to the drug 9,620
court judge. A judge may refer a case meeting the criteria
described in divisions (B)(3)(a) and (b) of this section that 9,622
involves a violation of a term of probation to the drug court 9,623
judge, and, if the drug court judge accepts the referral, the 9,625
referring judge and the drug court judge have concurrent 9,626
jurisdiction over the case.
A judge of the general division of the court of common 9,628
pleas of Hamilton County and a judge of the Hamilton County 9,629
municipal court may refer a case to the drug court judge under 9,630
division (B)(3) of this section if the judge determines that both 9,631
of the following apply:
(a) One of the following applies: 9,633
(i) The case involves a drug abuse offense, as defined in 9,635
section 2925.01 of the Revised Code, that is a felony of the 9,637
third or fourth degree if the offense is committed prior to July 9,638
1, 1996, a felony of the third, fourth, or fifth degree if the 9,639
220
offense is committed on or after July 1, 1996, or a misdemeanor. 9,640
(ii) The case involves a theft offense, as defined in 9,642
section 2913.01 of the Revised Code, that is a felony of the 9,644
third or fourth degree if the offense is committed prior to July 9,645
1, 1996, a felony of the third, fourth, or fifth degree if the 9,646
offense is committed on or after July 1, 1996, or a misdemeanor, 9,647
and the defendant is drug or alcohol dependent or in danger of 9,648
becoming drug or alcohol dependent and would benefit from 9,649
treatment.
(b) All of the following apply: 9,651
(i) The case involves a probationable offense or a case in 9,653
which a mandatory prison term is not required to be imposed. 9,654
(ii) The defendant has no history of violent behavior. 9,656
(iii) The defendant has no history of mental illness. 9,658
(iv) The defendant's current or past behavior, or both, is 9,660
drug or alcohol driven. 9,661
(v) The defendant demonstrates a sincere willingness to 9,663
participate in a fifteen-month treatment process. 9,664
(vi) The defendant has no acute health condition. 9,666
(vii) If the defendant is incarcerated, the county 9,668
prosecutor approves of the referral. 9,669
(4) If the administrative judge of the court of common 9,671
pleas of Hamilton county determines that the volume of cases 9,672
pending before the drug court judge does not constitute a 9,673
sufficient caseload for the drug court judge, the administrative 9,674
judge, in accordance with the Rules of Superintendence for Courts 9,675
of Common Pleas, shall assign individual cases to the drug court 9,676
judge from the general docket of the court. If the assignments 9,677
so occur, the administrative judge shall cease the assignments 9,678
when the administrative judge determines that the volume of cases 9,679
pending before the drug court judge constitutes a sufficient 9,680
caseload for the drug court judge.
(C) In Lorain county, the judges of the court of common 9,682
pleas whose terms begin on January 3, 1959, January 4, 1989, and 9,683
221
January 2, 1999, and successors, shall have the same 9,685
qualifications, exercise the same powers and jurisdiction, and 9,686
receive the same compensation as the other judges of the court of 9,687
common pleas of Lorain county and shall be elected and designated 9,688
as the judges of the court of common pleas, division of domestic 9,689
relations. They shall have all of the powers relating to 9,690
juvenile courts, and all cases under Chapter CHAPTERS 2151. AND 9,691
2152. of the Revised Code, all parentage proceedings over which 9,693
the juvenile court has jurisdiction, and all divorce, dissolution 9,694
of marriage, legal separation, and annulment cases shall be 9,695
assigned to them, except cases that for some special reason are 9,696
assigned to some other judge of the court of common pleas. 9,697
(D)(1) In Lucas county, the: 9,699
(1) THE judges of the court of common pleas whose terms 9,702
begin on January 1, 1955, and January 3, 1965, and successors, 9,703
shall have the same qualifications, exercise the same powers and 9,704
jurisdiction, and receive the same compensation as other judges 9,705
of the court of common pleas of Lucas county and shall be elected 9,706
and designated as judges of the court of common pleas, division 9,707
of domestic relations. All divorce, dissolution of marriage, 9,708
legal separation, and annulment cases shall be assigned to them. 9,709
The judge of the division of domestic relations, senior in 9,711
point of service, shall be considered as the presiding judge of 9,712
the court of common pleas, division of domestic relations, and 9,713
shall be charged exclusively with the assignment and division of 9,714
the work of the division and the employment and supervision of 9,715
all other personnel of the domestic relations division. 9,716
(2) The judges of the court of common pleas whose terms 9,718
begin on January 5, 1977, and January 2, 1991, and successors 9,719
shall have the same qualifications, exercise the same powers and 9,720
jurisdiction, and receive the same compensation as other judges 9,721
of the court of common pleas of Lucas county, shall be elected 9,722
and designated as judges of the court of common pleas, juvenile 9,723
division, and shall be the juvenile judges as provided in Chapter 9,724
222
CHAPTERS 2151. AND 2152. of the Revised Code with the powers and 9,726
jurisdictions conferred by that chapter THOSE CHAPTERS. In 9,727
addition to the judge's regular duties, the judge of the court of 9,730
common pleas, juvenile division, senior in point of service, 9,731
shall be the administrator of the juvenile division and its 9,732
subdivisions and departments and shall have charge of the 9,733
employment, assignment, and supervision of the personnel of the 9,734
division engaged in handling, servicing, or investigating 9,735
juvenile cases, including any referees considered necessary by 9,736
the judges of the division in the discharge of their various 9,737
duties.
The judge of the court of common pleas, juvenile division, 9,739
senior in point of service, also shall designate the title, 9,740
compensation, expense allowance, hours, leaves of absence, and 9,741
vacation of the personnel of the division and shall fix the 9,742
duties of the personnel of the division. The duties of the 9,743
personnel, in addition to other statutory duties include the 9,744
handling, servicing, and investigation of juvenile cases and 9,745
counseling and conciliation services that may be made available 9,746
to persons requesting them, whether or not the persons are 9,747
parties to an action pending in the division. 9,748
(3) If one of the judges of the court of common pleas, 9,750
division of domestic relations, or one of the judges of the 9,751
juvenile division is sick, absent, or unable to perform that 9,752
judge's judicial duties or the volume of cases pending in that 9,754
judge's division necessitates it, the duties shall be performed 9,755
by the judges of the other of those divisions. 9,757
(E)(1) In Mahoning county, the: 9,759
(1) THE judge of the court of common pleas whose term 9,762
began on January 1, 1955, and successors, shall have the same 9,763
qualifications, exercise the same powers and jurisdiction, and 9,764
receive the same compensation as other judges of the court of 9,765
common pleas of Mahoning county, shall be elected and designated 9,766
as judge of the court of common pleas, division of domestic 9,767
223
relations, and shall be assigned all the divorce, dissolution of 9,769
marriage, legal separation, and annulment cases coming before the 9,770
court. In addition to the judge's regular duties, the judge of 9,771
the court of common pleas, division of domestic relations, shall 9,772
be the administrator of the domestic relations division and its 9,773
subdivisions and departments and shall have charge of the 9,774
employment, assignment, and supervision of the personnel of the 9,775
division engaged in handling, servicing, or investigating 9,776
divorce, dissolution of marriage, legal separation, and annulment 9,777
cases, including any referees considered necessary in the 9,778
discharge of the various duties of the judge's office. 9,779
The judge also shall designate the title, compensation, 9,781
expense allowances, hours, leaves of absence, and vacations of 9,782
the personnel of the division and shall fix the duties of the 9,783
personnel of the division. The duties of the personnel, in 9,784
addition to other statutory duties, include the handling, 9,785
servicing, and investigation of divorce, dissolution of marriage, 9,786
legal separation, and annulment cases and counseling and 9,787
conciliation services that may be made available to persons 9,788
requesting them, whether or not the persons are parties to an 9,789
action pending in the division. 9,790
(2) The judge of the court of common pleas whose term 9,792
began on January 2, 1969, and successors, shall have the same 9,793
qualifications, exercise the same powers and jurisdiction, and 9,794
receive the same compensation as other judges of the court of 9,795
common pleas of Mahoning county, shall be elected and designated 9,796
as judge of court of common pleas, juvenile division, and shall 9,797
be the juvenile judge as provided in Chapter CHAPTERS 2151. AND 9,799
2152. of the Revised Code, with the powers and jurisdictions 9,800
conferred by that chapter THOSE CHAPTERS. In addition to the 9,801
judge's regular duties, the judge of the court of common pleas, 9,804
juvenile division, shall be the administrator of the juvenile 9,805
division and its subdivisions and departments and shall have 9,806
charge of the employment, assignment, and supervision of the 9,807
224
personnel of the division engaged in handling, servicing, or 9,808
investigating juvenile cases, including any referees considered 9,809
necessary by the judge in the discharge of the judge's various 9,810
duties.
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 the duties of the 9,814
personnel of the division. The duties of the personnel, in 9,815
addition to other statutory duties, include the handling, 9,816
servicing, and investigation of juvenile cases and counseling and 9,817
conciliation services that may be made available to persons 9,818
requesting them, whether or not the persons are parties to an 9,819
action pending in the division. 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 that judge's division necessitates it, that 9,827
judge's duties shall be performed by another judge of the court 9,828
of common pleas.
(F)(1) In Montgomery county, the: 9,830
(1) THE judges of the court of common pleas whose terms 9,833
begin on January 2, 1953, and January 4, 1977, and successors, 9,834
shall have the same qualifications, exercise the same powers and 9,835
jurisdiction, and receive the same compensation as other judges 9,836
of the court of common pleas of Montgomery county and shall be 9,837
elected and designated as judges of the court of common pleas, 9,838
division of domestic relations. These judges shall have assigned 9,839
to them all divorce, dissolution of marriage, legal separation, 9,840
and annulment cases.
The judge of the division of domestic relations, senior in 9,842
point of service, shall be charged exclusively with the 9,843
assignment and division of the work of the division and shall 9,844
have charge of the employment and supervision of the personnel of 9,845
the division engaged in handling, servicing, or investigating 9,846
225
divorce, dissolution of marriage, legal separation, and annulment 9,847
cases, including any necessary referees, except those employees 9,848
who may be appointed by the judge, junior in point of service, 9,849
under this section and sections 2301.12, 2301.18, and 2301.19 of 9,850
the Revised Code. The judge of the division of domestic 9,851
relations, senior in point of service, also shall designate the 9,852
title, compensation, expense allowances, hours, leaves of 9,853
absence, and vacation of the personnel of the division and shall 9,854
fix their duties. 9,855
(2) The judges of the court of common pleas whose terms 9,857
begin on January 1, 1953, and January 1, 1993, and successors, 9,858
shall have the same qualifications, exercise the same powers and 9,859
jurisdiction, and receive the same compensation as other judges 9,860
of the court of common pleas of Montgomery county, shall be 9,861
elected and designated as judges of the court of common pleas, 9,862
juvenile division, and shall be, and have the powers and 9,863
jurisdiction of, the juvenile judge as provided in Chapter 9,865
CHAPTERS 2151. AND 2152. of the Revised Code.
In addition to the judge's regular duties, the judge of the 9,867
court of common pleas, juvenile division, senior in point of 9,869
service, shall be the administrator of the juvenile division and 9,870
its subdivisions and departments and shall have charge of the 9,871
employment, assignment, and supervision of the personnel of the 9,872
juvenile division, including any necessary referees, who are 9,873
engaged in handling, servicing, or investigating juvenile cases. 9,874
The judge, senior in point of service, also shall designate the 9,875
title, compensation, expense allowances, hours, leaves of 9,876
absence, and vacation of the personnel of the division and shall 9,877
fix their duties. The duties of the personnel, in addition to 9,878
other statutory duties, shall include the handling, servicing, 9,879
and investigation of juvenile cases and of any counseling and 9,880
conciliation services that are available upon request to persons, 9,881
whether or not they are parties to an action pending in the 9,882
division. 9,883
226
If one of the judges of the court of common pleas, division 9,885
of domestic relations, or one of the judges of the court of 9,886
common pleas, juvenile division, is sick, absent, or unable to 9,887
perform that judge's duties or the volume of cases pending in 9,889
that judge's division necessitates it, the duties of that judge 9,891
may be performed by the judge or judges of the other of those 9,892
divisions.
(G) In Richland county, the judge of the court of common 9,894
pleas whose term begins on January 1, 1957, and successors, shall 9,895
have the same qualifications, exercise the same powers and 9,896
jurisdiction, and receive the same compensation as the other 9,897
judges of the court of common pleas of Richland county and shall 9,898
be elected and designated as judge of the court of common pleas, 9,899
division of domestic relations. That judge shall have all of the 9,901
powers relating to juvenile courts, and all cases under Chapter 9,903
CHAPTERS 2151. AND 2152. of the Revised Code, all parentage 9,904
proceedings over which the juvenile court has jurisdiction, and 9,905
all divorce, dissolution of marriage, legal separation, and 9,906
annulment cases shall be assigned to that judge, except in cases 9,907
that for some special reason are assigned to some other judge of 9,909
the court of common pleas.
(H) In Stark county, the judges of the court of common 9,911
pleas whose terms begin on January 1, 1953, January 2, 1959, and 9,912
January 1, 1993, and successors, shall have the same 9,913
qualifications, exercise the same powers and jurisdiction, and 9,914
receive the same compensation as other judges of the court of 9,915
common pleas of Stark county and shall be elected and designated 9,916
as judges of the court of common pleas, division of domestic 9,917
relations. They shall have all the powers relating to juvenile 9,918
courts, and all cases under Chapter CHAPTERS 2151. AND 2152. of 9,920
the Revised Code, all parentage proceedings over which the 9,921
juvenile court has jurisdiction, and all divorce, dissolution of 9,922
marriage, legal separation, and annulment cases, except cases 9,923
that are assigned to some other judge of the court of common 9,924
227
pleas for some special reason, shall be assigned to the judges. 9,925
The judge of the division of domestic relations, second 9,927
most senior in point of service, shall have charge of the 9,928
employment and supervision of the personnel of the division 9,929
engaged in handling, servicing, or investigating divorce, 9,930
dissolution of marriage, legal separation, and annulment cases, 9,931
and necessary referees required for the judge's respective court. 9,933
The judge of the division of domestic relations, senior in 9,935
point of service, shall be charged exclusively with the 9,936
administration of sections 2151.13, 2151.16, 2151.17, and 2151.18 9,937
2152.71 of the Revised Code and with the assignment and division 9,938
of the work of the division and the employment and supervision of 9,940
all other personnel of the division, including, but not limited 9,941
to, that judge's necessary referees, but excepting those 9,942
employees who may be appointed by the judge second most senior in 9,944
point of service. The senior judge further shall serve in every 9,945
other position in which the statutes permit or require a juvenile 9,947
judge to serve.
(I) In Summit county: 9,949
(1) The judges of the court of common pleas whose terms 9,951
begin on January 4, 1967, and January 6, 1993, and successors, 9,952
shall have the same qualifications, exercise the same powers and 9,953
jurisdiction, and receive the same compensation as other judges 9,954
of the court of common pleas of Summit county and shall be 9,955
elected and designated as judges of the court of common pleas, 9,956
division of domestic relations. The judges of the division of 9,957
domestic relations shall have assigned to them and hear all 9,958
divorce, dissolution of marriage, legal separation, and annulment 9,959
cases that come before the court. 9,960
The judge of the division of domestic relations, senior in 9,962
point of service, shall be the administrator of the domestic 9,963
relations division and its subdivisions and departments and shall 9,964
have charge of the employment, assignment, and supervision of the 9,965
personnel of the division, including any necessary referees, who 9,966
228
are engaged in handling, servicing, or investigating divorce, 9,967
dissolution of marriage, legal separation, and annulment cases. 9,968
That judge also shall designate the title, compensation, expense 9,969
allowances, hours, leaves of absence, and vacations of the 9,970
personnel of the division and shall fix their duties. The duties 9,971
of the personnel, in addition to other statutory duties, shall 9,972
include the handling, servicing, and investigation of divorce, 9,973
dissolution of marriage, legal separation, and annulment cases 9,974
and of any counseling and conciliation services that are 9,975
available upon request to all persons, whether or not they are 9,976
parties to an action pending in the division. 9,977
(2) The judge of the court of common pleas whose term 9,979
begins on January 1, 1955, and successors, shall have the same 9,980
qualifications, exercise the same powers and jurisdiction, and 9,981
receive the same compensation as other judges of the court of 9,982
common pleas of Summit county, shall be elected and designated as 9,983
judge of the court of common pleas, juvenile division, and shall 9,984
be, and have the powers and jurisdiction of, the juvenile judge 9,985
as provided in Chapter CHAPTERS 2151. AND 2152. of the Revised 9,987
Code.
The juvenile judge shall be the administrator of the 9,989
juvenile division and its subdivisions and departments and shall 9,990
have charge of the employment, assignment, and supervision of the 9,991
personnel of the juvenile division, including any necessary 9,992
referees, who are engaged in handling, servicing, or 9,993
investigating juvenile cases. The judge also shall designate the 9,994
title, compensation, expense allowances, hours, leaves of 9,995
absence, and vacation of the personnel of the division and shall 9,996
fix their duties. The duties of the personnel, in addition to 9,997
other statutory duties, shall include the handling, servicing, 9,998
and investigation of juvenile cases and of any counseling and 9,999
conciliation services that are available upon request to persons, 10,000
whether or not they are parties to an action pending in the 10,001
division. 10,002
229
(J) In Trumbull county, the judges of the court of common 10,004
pleas whose terms begin on January 1, 1953, and January 2, 1977, 10,005
and successors, shall have the same qualifications, exercise the 10,006
same powers and jurisdiction, and receive the same compensation 10,007
as other judges of the court of common pleas of Trumbull county 10,008
and shall be elected and designated as judges of the court of 10,009
common pleas, division of domestic relations. They shall have 10,010
all the powers relating to juvenile courts, and all cases under 10,011
Chapter CHAPTERS 2151. AND 2152. of the Revised Code, all 10,013
parentage proceedings over which the juvenile court has 10,014
jurisdiction, and all divorce, dissolution of marriage, legal 10,015
separation, and annulment cases shall be assigned to them, except 10,016
cases that for some special reason are assigned to some other 10,017
judge of the court of common pleas. 10,018
(K) In Butler county: 10,020
(1) The judges of the court of common pleas whose terms 10,022
begin on January 1, 1957, and January 4, 1993, and successors, 10,023
shall have the same qualifications, exercise the same powers and 10,024
jurisdiction, and receive the same compensation as other judges 10,025
of the court of common pleas of Butler county and shall be 10,026
elected and designated as judges of the court of common pleas, 10,027
division of domestic relations. The judges of the division of 10,028
domestic relations shall have assigned to them all divorce, 10,029
dissolution of marriage, legal separation, and annulment cases 10,030
coming before the court, except in cases that for some special 10,031
reason are assigned to some other judge of the court of common 10,032
pleas. The judge senior in point of service shall be charged 10,033
with the assignment and division of the work of the division and 10,034
with the employment and supervision of all other personnel of the 10,035
domestic relations division. 10,036
The judge senior in point of service also shall designate 10,038
the title, compensation, expense allowances, hours, leaves of 10,039
absence, and vacations of the personnel of the division and shall 10,040
fix their duties. The duties of the personnel, in addition to 10,041
230
other statutory duties, shall include the handling, servicing, 10,042
and investigation of divorce, dissolution of marriage, legal 10,043
separation, and annulment cases and providing any counseling and 10,044
conciliation services that the division makes available to 10,045
persons, whether or not the persons are parties to an action 10,046
pending in the division, who request the services. 10,047
(2) The judge of the court of common pleas whose term 10,049
begins on January 3, 1987, and successors, shall have the same 10,050
qualifications, exercise the same powers and jurisdiction, and 10,051
receive the same compensation as other judges of the court of 10,052
common pleas of Butler county, shall be elected and designated as 10,053
judge of the court of common pleas, juvenile division, and shall 10,054
be the juvenile judge as provided in Chapter CHAPTERS 2151. AND 10,056
2152. of the Revised Code, with the powers and jurisdictions 10,057
conferred by that chapter THOSE CHAPTERS. The judge of the court 10,058
of common pleas, juvenile division, shall be the administrator of 10,060
the juvenile division and its subdivisions and departments. The 10,061
judge shall have charge of the employment, assignment, and 10,062
supervision of the personnel of the juvenile division who are 10,063
engaged in handling, servicing, or investigating juvenile cases, 10,064
including any referees whom the judge considers necessary for the 10,065
discharge of the judge's various duties. 10,066
The judge also shall designate the title, compensation, 10,068
expense allowances, hours, leaves of absence, and vacation of the 10,069
personnel of the division and shall fix their duties. The duties 10,070
of the personnel, in addition to other statutory duties, include 10,071
the handling, servicing, and investigation of juvenile cases and 10,072
providing any counseling and conciliation services that the 10,073
division makes available to persons, whether or not the persons 10,074
are parties to an action pending in the division, who request the 10,075
services. 10,076
(3) If a judge of the court of common pleas, division of 10,078
domestic relations or juvenile division, is sick, absent, or 10,079
unable to perform that judge's judicial duties or the volume of 10,081
231
cases pending in the judge's division necessitates it, the duties 10,083
of that judge shall be performed by the other judges of the 10,084
domestic relations and juvenile divisions. 10,085
(L)(1) In Cuyahoga county, the judges of the court of 10,087
common pleas whose terms begin on January 8, 1961, January 9, 10,088
1961, January 18, 1975, January 19, 1975, and January 13, 1987, 10,089
and successors, shall have the same qualifications, exercise the 10,090
same powers and jurisdiction, and receive the same compensation 10,091
as other judges of the court of common pleas of Cuyahoga county 10,092
and shall be elected and designated as judges of the court of 10,093
common pleas, division of domestic relations. They shall have 10,094
all the powers relating to all divorce, dissolution of marriage, 10,095
legal separation, and annulment cases, except in cases that are 10,096
assigned to some other judge of the court of common pleas for 10,097
some special reason. 10,098
(2) The administrative judge is administrator of the 10,100
domestic relations division and its subdivisions and departments 10,101
and has the following powers concerning division personnel: 10,102
(a) Full charge of the employment, assignment, and 10,104
supervision; 10,105
(b) Sole determination of compensation, duties, expenses, 10,107
allowances, hours, leaves, and vacations. 10,108
(3) "Division personnel" include persons employed or 10,110
referees engaged in hearing, servicing, investigating, 10,111
counseling, or conciliating divorce, dissolution of marriage, 10,112
legal separation and annulment matters. 10,113
(M) In Lake county: 10,115
(1) The judge of the court of common pleas whose term 10,117
begins on January 2, 1961, and successors, shall have the same 10,118
qualifications, exercise the same powers and jurisdiction, and 10,119
receive the same compensation as the other judges of the court of 10,120
common pleas of Lake county and shall be elected and designated 10,121
as judge of the court of common pleas, division of domestic 10,122
relations. The judge shall be assigned all the divorce, 10,124
232
dissolution of marriage, legal separation, and annulment cases 10,125
coming before the court, except in cases that for some special 10,126
reason are assigned to some other judge of the court of common 10,127
pleas. The judge shall be charged with the assignment and 10,128
division of the work of the division and with the employment and 10,129
supervision of all other personnel of the domestic relations 10,130
division. 10,131
The judge also shall designate the title, compensation, 10,133
expense allowances, hours, leaves of absence, and vacations of 10,134
the personnel of the division and shall fix their duties. The 10,135
duties of the personnel, in addition to other statutory duties, 10,136
shall include the handling, servicing, and investigation of 10,137
divorce, dissolution of marriage, legal separation, and annulment 10,138
cases and providing any counseling and conciliation services that 10,139
the division makes available to persons, whether or not the 10,140
persons are parties to an action pending in the division, who 10,141
request the services. 10,142
(2) The judge of the court of common pleas whose term 10,144
begins on January 4, 1979, and successors, shall have the same 10,145
qualifications, exercise the same powers and jurisdiction, and 10,146
receive the same compensation as other judges of the court of 10,147
common pleas of Lake county, shall be elected and designated as 10,148
judge of the court of common pleas, juvenile division, and shall 10,149
be the juvenile judge as provided in Chapter CHAPTERS 2151. AND 10,151
2152. of the Revised Code, with the powers and jurisdictions 10,152
conferred by that chapter THOSE CHAPTERS. The judge of the court 10,153
of common pleas, juvenile division, shall be the administrator of 10,155
the juvenile division and its subdivisions and departments. The 10,156
judge shall have charge of the employment, assignment, and 10,157
supervision of the personnel of the juvenile division who are 10,158
engaged in handling, servicing, or investigating juvenile cases, 10,159
including any referees whom the judge considers necessary for the 10,160
discharge of the judge's various duties. 10,161
The judge also shall designate the title, compensation, 10,163
233
expense allowances, hours, leaves of absence, and vacation of the 10,164
personnel of the division and shall fix their duties. The duties 10,165
of the personnel, in addition to other statutory duties, include 10,166
the handling, servicing, and investigation of juvenile cases and 10,167
providing any counseling and conciliation services that the 10,168
division makes available to persons, whether or not the persons 10,169
are parties to an action pending in the division, who request the 10,170
services. 10,171
(3) If a judge of the court of common pleas, division of 10,173
domestic relations or juvenile division, is sick, absent, or 10,174
unable to perform that judge's judicial duties or the volume of 10,176
cases pending in the judge's division necessitates it, the duties 10,178
of that judge shall be performed by the other judges of the 10,179
domestic relations and juvenile divisions. 10,180
(N) In Erie county, the judge of the court of common pleas 10,182
whose term begins on January 2, 1971, and successors, shall have 10,183
the same qualifications, exercise the same powers and 10,184
jurisdiction, and receive the same compensation as the other 10,185
judge of the court of common pleas of Erie county and shall be 10,186
elected and designated as judge of the court of common pleas, 10,187
division of domestic relations. The judge shall have all the 10,188
powers relating to juvenile courts, and shall be assigned all 10,189
cases under Chapter CHAPTERS 2151. AND 2152. of the Revised Code, 10,192
parentage proceedings over which the juvenile court has 10,194
jurisdiction, and divorce, dissolution of marriage, legal 10,195
separation, and annulment cases, except cases that for some
special reason are assigned to some other judge. 10,197
(O) In Greene county: 10,199
(1) The judge of the court of common pleas whose term 10,201
begins on January 1, 1961, and successors, shall have the same 10,202
qualifications, exercise the same powers and jurisdiction, and 10,203
receive the same compensation as the other judges of the court of 10,204
common pleas of Greene county and shall be elected and designated 10,205
as the judge of the court of common pleas, division of domestic 10,206
234
relations. The judge shall be assigned all divorce, dissolution 10,208
of marriage, legal separation, annulment, uniform reciprocal 10,209
support enforcement, and domestic violence cases and all other 10,210
cases related to domestic relations, except cases that for some 10,211
special reason are assigned to some other judge of the court of 10,212
common pleas.
The judge shall be charged with the assignment and division 10,214
of the work of the division and with the employment and 10,215
supervision of all other personnel of the division. The judge 10,217
also shall designate the title, compensation, hours, leaves of 10,219
absence, and vacations of the personnel of the division and shall 10,220
fix their duties. The duties of the personnel of the division, 10,221
in addition to other statutory duties, shall include the 10,222
handling, servicing, and investigation of divorce, dissolution of 10,223
marriage, legal separation, and annulment cases and the provision 10,224
of counseling and conciliation services that the division 10,225
considers necessary and makes available to persons who request 10,226
the services, whether or not the persons are parties in an action 10,227
pending in the division. The compensation for the personnel 10,228
shall be paid from the overall court budget and shall be included 10,229
in the appropriations for the existing judges of the general 10,230
division of the court of common pleas.
(2) The judge of the court of common pleas whose term 10,232
begins on January 1, 1995, and successors, shall have the same 10,233
qualifications, exercise the same powers and jurisdiction, and 10,234
receive the same compensation as the other judges of the court of 10,235
common pleas of Greene county, shall be elected and designated as 10,236
judge of the court of common pleas, juvenile division, and, on or 10,237
after January 1, 1995, shall be the juvenile judge as provided in 10,238
Chapter CHAPTERS 2151. AND 2152. of the Revised Code with the 10,240
powers and jurisdiction conferred by that chapter THOSE CHAPTERS. 10,241
The judge of the court of common pleas, juvenile division, shall 10,242
be the administrator of the juvenile division and its 10,243
subdivisions and departments. The judge shall have charge of the 10,244
235
employment, assignment, and supervision of the personnel of the 10,245
juvenile division who are engaged in handling, servicing, or 10,246
investigating juvenile cases, including any referees whom the 10,247
judge considers necessary for the discharge of the judge's 10,248
various duties.
The judge also shall designate the title, compensation, 10,250
expense allowances, hours, leaves of absence, and vacation of the 10,251
personnel of the division and shall fix their duties. The duties 10,252
of the personnel, in addition to other statutory duties, include 10,253
the handling, servicing, and investigation of juvenile cases and 10,254
providing any counseling and conciliation services that the court 10,255
makes available to persons, whether or not the persons are 10,256
parties to an action pending in the court, who request the 10,257
services. 10,258
(3) If one of the judges of the court of common pleas, 10,260
general division, is sick, absent, or unable to perform that 10,261
judge's judicial duties or the volume of cases pending in the 10,262
general division necessitates it, the duties of that judge of the 10,264
general division shall be performed by the judge of the division 10,265
of domestic relations and the judge of the juvenile division. 10,266
(P) In Portage county, the judge of the court of common 10,268
pleas, whose term begins January 2, 1987, and successors, shall 10,269
have the same qualifications, exercise the same powers and 10,270
jurisdiction, and receive the same compensation as the other 10,271
judges of the court of common pleas of Portage county and shall 10,272
be elected and designated as judge of the court of common pleas, 10,273
division of domestic relations. The judge shall be assigned all 10,275
divorce, dissolution of marriage, legal separation, and annulment 10,277
cases coming before the court, except in cases that for some 10,278
special reason are assigned to some other judge of the court of 10,279
common pleas. The judge shall be charged with the assignment and 10,280
division of the work of the division and with the employment and 10,281
supervision of all other personnel of the domestic relations 10,282
division.
236
The judge also shall designate the title, compensation, 10,284
expense allowances, hours, leaves of absence, and vacations of 10,285
the personnel of the division and shall fix their duties. The 10,286
duties of the personnel, in addition to other statutory duties, 10,287
shall include the handling, servicing, and investigation of 10,288
divorce, dissolution of marriage, legal separation, and annulment 10,289
cases and providing any counseling and conciliation services that 10,290
the division makes available to persons, whether or not the 10,291
persons are parties to an action pending in the division, who 10,292
request the services. 10,293
(Q) In Clermont county, the judge of the court of common 10,295
pleas, whose term begins January 2, 1987, and successors, shall 10,296
have the same qualifications, exercise the same powers and 10,297
jurisdiction, and receive the same compensation as the other 10,298
judges of the court of common pleas of Clermont county and shall 10,299
be elected and designated as judge of the court of common pleas, 10,300
division of domestic relations. The judge shall be assigned all 10,302
divorce, dissolution of marriage, legal separation, and annulment 10,304
cases coming before the court, except in cases that for some 10,305
special reason are assigned to some other judge of the court of 10,306
common pleas. The judge shall be charged with the assignment and 10,307
division of the work of the division and with the employment and 10,308
supervision of all other personnel of the domestic relations 10,309
division.
The judge also shall designate the title, compensation, 10,311
expense allowances, hours, leaves of absence, and vacations of 10,312
the personnel of the division and shall fix their duties. The 10,313
duties of the personnel, in addition to other statutory duties, 10,314
shall include the handling, servicing, and investigation of 10,315
divorce, dissolution of marriage, legal separation, and annulment 10,316
cases and providing any counseling and conciliation services that 10,317
the division makes available to persons, whether or not the 10,318
persons are parties to an action pending in the division, who 10,319
request the services. 10,320
237
(R) In Warren county, the judge of the court of common 10,322
pleas, whose term begins January 1, 1987, and successors, shall 10,323
have the same qualifications, exercise the same powers and 10,324
jurisdiction, and receive the same compensation as the other 10,325
judges of the court of common pleas of Warren county and shall be 10,326
elected and designated as judge of the court of common pleas, 10,327
division of domestic relations. The judge shall be assigned all 10,329
divorce, dissolution of marriage, legal separation, and annulment 10,331
cases coming before the court, except in cases that for some 10,332
special reason are assigned to some other judge of the court of 10,333
common pleas. The judge shall be charged with the assignment and 10,334
division of the work of the division and with the employment and 10,335
supervision of all other personnel of the domestic relations 10,336
division.
The judge also shall designate the title, compensation, 10,338
expense allowances, hours, leaves of absence, and vacations of 10,339
the personnel of the division and shall fix their duties. The 10,340
duties of the personnel, in addition to other statutory duties, 10,341
shall include the handling, servicing, and investigation of 10,342
divorce, dissolution of marriage, legal separation, and annulment 10,343
cases and providing any counseling and conciliation services that 10,344
the division makes available to persons, whether or not the 10,345
persons are parties to an action pending in the division, who 10,346
request the services. 10,347
(S) In Licking county, the judge of the court of common 10,349
pleas, whose term begins January 1, 1991, and successors, shall 10,350
have the same qualifications, exercise the same powers and 10,351
jurisdiction, and receive the same compensation as the other 10,352
judges of the court of common pleas of Licking county and shall 10,353
be elected and designated as judge of the court of common pleas, 10,354
division of domestic relations. The judge shall be assigned all 10,356
divorce, dissolution of marriage, legal separation, and annulment 10,358
cases, all cases arising under Chapter 3111. of the Revised Code, 10,359
all proceedings involving child support, the allocation of 10,360
238
parental rights and responsibilities for the care of children and 10,361
the designation for the children of a place of residence and 10,362
legal custodian, and visitation, and all post-decree proceedings 10,363
and matters arising from those cases and proceedings, except in 10,364
cases that for some special reason are assigned to another judge 10,365
of the court of common pleas. The judge shall be charged with 10,366
the assignment and division of the work of the division and with 10,367
the employment and supervision of the personnel of the division. 10,368
The judge shall designate the title, compensation, expense 10,370
allowances, hours, leaves of absence, and vacations of the 10,371
personnel of the division and shall fix the duties of the 10,372
personnel of the division. The duties of the personnel of the 10,373
division, in addition to other statutory duties, shall include 10,374
the handling, servicing, and investigation of divorce, 10,375
dissolution of marriage, legal separation, and annulment cases, 10,376
cases arising under Chapter 3111. of the Revised Code, and 10,377
proceedings involving child support, the allocation of parental 10,378
rights and responsibilities for the care of children and the 10,379
designation for the children of a place of residence and legal 10,380
custodian, and visitation and providing any counseling and 10,381
conciliation services that the division makes available to 10,382
persons, whether or not the persons are parties to an action 10,383
pending in the division, who request the services. 10,384
(T) In Allen county, the judge of the court of common 10,386
pleas, whose term begins January 1, 1993, and successors, shall 10,387
have the same qualifications, exercise the same powers and 10,388
jurisdiction, and receive the same compensation as the other 10,389
judges of the court of common pleas of Allen county and shall be 10,390
elected and designated as judge of the court of common pleas, 10,391
division of domestic relations. The judge shall be assigned all 10,393
divorce, dissolution of marriage, legal separation, and annulment 10,395
cases, all cases arising under Chapter 3111. of the Revised Code, 10,396
all proceedings involving child support, the allocation of 10,397
parental rights and responsibilities for the care of children and 10,398
239
the designation for the children of a place of residence and 10,399
legal custodian, and visitation, and all post-decree proceedings 10,400
and matters arising from those cases and proceedings, except in 10,401
cases that for some special reason are assigned to another judge 10,402
of the court of common pleas. The judge shall be charged with 10,403
the assignment and division of the work of the division and with 10,404
the employment and supervision of the personnel of the division. 10,405
The judge shall designate the title, compensation, expense 10,407
allowances, hours, leaves of absence, and vacations of the 10,408
personnel of the division and shall fix the duties of the 10,409
personnel of the division. The duties of the personnel of the 10,410
division, in addition to other statutory duties, shall include 10,411
the handling, servicing, and investigation of divorce, 10,412
dissolution of marriage, legal separation, and annulment cases, 10,413
cases arising under Chapter 3111. of the Revised Code, and 10,414
proceedings involving child support, the allocation of parental 10,415
rights and responsibilities for the care of children and the 10,416
designation for the children of a place of residence and legal 10,417
custodian, and visitation, and providing any counseling and 10,418
conciliation services that the division makes available to 10,419
persons, whether or not the persons are parties to an action 10,420
pending in the division, who request the services. 10,421
(U) In Medina county, the judge of the court of common 10,423
pleas whose term begins January 1, 1995, and successors, shall 10,424
have the same qualifications, exercise the same powers and 10,425
jurisdiction, and receive the same compensation as other judges 10,426
of the court of common pleas of Medina county and shall be 10,427
elected and designated as judge of the court of common pleas, 10,428
division of domestic relations. The judge shall be assigned all 10,430
divorce, dissolution of marriage, legal separation, and annulment 10,432
cases, all cases arising under Chapter 3111. of the Revised Code, 10,433
all proceedings involving child support, the allocation of 10,434
parental rights and responsibilities for the care of children and 10,435
the designation for the children of a place of residence and 10,436
240
legal custodian, and visitation, and all post-decree proceedings 10,437
and matters arising from those cases and proceedings, except in 10,438
cases that for some special reason are assigned to another judge 10,439
of the court of common pleas. The judge shall be charged with 10,440
the assignment and division of the work of the division and with 10,441
the employment and supervision of the personnel of the division. 10,442
The judge shall designate the title, compensation, expense 10,444
allowances, hours, leaves of absence, and vacations of the 10,445
personnel of the division and shall fix the duties of the 10,446
personnel of the division. The duties of the personnel, in 10,447
addition to other statutory duties, include the handling, 10,448
servicing, and investigation of divorce, dissolution of marriage, 10,449
legal separation, and annulment cases, cases arising under 10,450
Chapter 3111. of the Revised Code, and proceedings involving 10,451
child support, the allocation of parental rights and 10,452
responsibilities for the care of children and the designation for 10,453
the children of a place of residence and legal custodian, and 10,454
visitation, and providing counseling and conciliation services 10,455
that the division makes available to persons, whether or not the 10,456
persons are parties to an action pending in the division, who 10,457
request the services. 10,458
(V) In Fairfield county, the judge of the court of common 10,460
pleas whose term begins January 2, 1995, and successors, shall 10,461
have the same qualifications, exercise the same powers and 10,462
jurisdiction, and receive the same compensation as the other 10,463
judges of the court of common pleas of Fairfield county and shall 10,464
be elected and designated as judge of the court of common pleas, 10,465
division of domestic relations. The judge shall be assigned all 10,467
divorce, dissolution of marriage, legal separation, and annulment 10,469
cases, all cases arising under Chapter 3111. of the Revised Code, 10,470
all proceedings involving child support, the allocation of 10,471
parental rights and responsibilities for the care of children and 10,472
the designation for the children of a place of residence and 10,473
legal custodian, and visitation, and all post-decree proceedings 10,474
241
and matters arising from those cases and proceedings, except in 10,475
cases that for some special reason are assigned to another judge 10,476
of the court of common pleas. The judge also has concurrent 10,477
jurisdiction with the probate-juvenile division of the court of
common pleas of Fairfield county with respect to and may hear 10,478
cases to determine the custody of a child, as defined in section 10,479
2151.011 of the Revised Code, who is not the ward of another 10,480
court of this state, cases that are commenced by a parent, 10,481
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 10,482
child to pay child support for that child when the request for 10,483
that order is not ancillary to an action for divorce, dissolution 10,484
of marriage, annulment, or legal separation, a criminal or civil 10,485
action involving an allegation of domestic violence, an action 10,486
for support under Chapter 3115. of the Revised Code, or an action
that is within the exclusive original jurisdiction of the 10,487
probate-juvenile division of the court of common pleas of 10,488
Fairfield county and that involves an allegation that the child 10,489
is an abused, neglected, or dependent child, and post-decree 10,490
proceedings and matters arising from those types of cases.
The judge of the domestic relations division shall be 10,492
charged with the assignment and division of the work of the 10,495
division and with the employment and supervision of the personnel 10,496
of the division.
The judge shall designate the title, compensation, expense 10,498
allowances, hours, leaves of absence, and vacations of the 10,499
personnel of the division and shall fix the duties of the 10,500
personnel of the division. The duties of the personnel of the 10,501
division, in addition to other statutory duties, shall include 10,502
the handling, servicing, and investigation of divorce, 10,503
dissolution of marriage, legal separation, and annulment cases, 10,504
cases arising under Chapter 3111. of the Revised Code, and 10,505
proceedings involving child support, the allocation of parental 10,506
rights and responsibilities for the care of children and the 10,507
242
designation for the children of a place of residence and legal 10,508
custodian, and visitation, and providing any counseling and 10,509
conciliation services that the division makes available to 10,510
persons, regardless of whether the persons are parties to an 10,511
action pending in the division, who request the services. When 10,513
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 10,514
ward of another court of this state or a case that is commenced 10,515
by a parent, guardian, or custodian of a child, as defined in 10,516
section 2151.011 of the Revised Code, to obtain an order 10,517
requiring a parent of the child to pay child support for that
child when the request for that order is not ancillary to an 10,518
action for divorce, dissolution of marriage, annulment, or legal 10,519
separation, a criminal or civil action involving an allegation of 10,520
domestic violence, an action for support under Chapter 3115. of 10,521
the Revised Code, or an action that is within the exclusive 10,522
original jurisdiction of the probate-juvenile division of the
court of common pleas of Fairfield county and that involves an 10,524
allegation that the child is an abused, neglected, or dependent 10,525
child, the duties of the personnel of the domestic relations 10,526
division also include the handling, servicing, and investigation 10,527
of those types of cases.
(W)(1) In Clark county, the judge of the court of common 10,529
pleas whose term begins on January 2, 1995, and successors, shall 10,530
have the same qualifications, exercise the same powers and 10,531
jurisdiction, and receive the same compensation as other judges 10,532
of the court of common pleas of Clark county and shall be elected 10,533
and designated as judge of the court of common pleas, domestic 10,534
relations division. The judge shall have all the powers relating 10,536
to juvenile courts, and all cases under Chapter CHAPTERS 2151. 10,538
AND 2152. of the Revised Code and all parentage proceedings under 10,539
Chapter 3111. of the Revised Code over which the juvenile court 10,540
has jurisdiction shall be assigned to the judge of the division 10,541
of domestic relations. All divorce, dissolution of marriage, 10,542
243
legal separation, annulment, uniform reciprocal support 10,543
enforcement, and other cases related to domestic relations shall 10,544
be assigned to the domestic relations division, and the presiding 10,545
judge of the court of common pleas shall assign the cases to the 10,546
judge of the domestic relations division and the judges of the 10,547
general division. 10,548
(2) In addition to the judge's regular duties, the judge 10,550
of the division of domestic relations shall serve on the children 10,552
services board and the county advisory board. 10,553
(3) If the judge of the court of common pleas of Clark 10,555
county, division of domestic relations, is sick, absent, or 10,556
unable to perform that judge's judicial duties or if the 10,557
presiding judge of the court of common pleas of Clark county 10,560
determines that the volume of cases pending in the division of 10,561
domestic relations necessitates it, the duties of the judge of 10,562
the division of domestic relations shall be performed by the 10,563
judges of the general division or probate division of the court 10,564
of common pleas of Clark county, as assigned for that purpose by 10,565
the presiding judge of that court, and the judges so assigned 10,566
shall act in conjunction with the judge of the division of 10,567
domestic relations of that court. 10,568
(X) In Scioto county, the judge of the court of common 10,570
pleas whose term begins January 2, 1995, and successors, shall 10,572
have the same qualifications, exercise the same powers and 10,573
jurisdiction, and receive the same compensation as other judges 10,574
of the court of common pleas of Scioto county and shall be 10,575
elected and designated as judge of the court of common pleas, 10,576
division of domestic relations. The judge shall be assigned all 10,578
divorce, dissolution of marriage, legal separation, and annulment 10,580
cases, all cases arising under Chapter 3111. of the Revised Code, 10,581
all proceedings involving child support, the allocation of 10,582
parental rights and responsibilities for the care of children and 10,583
the designation for the children of a place of residence and 10,584
legal custodian, visitation, and all post-decree proceedings and 10,585
244
matters arising from those cases and proceedings, except in cases 10,586
that for some special reason are assigned to another judge of the 10,587
court of common pleas. The judge shall be charged with the 10,588
assignment and division of the work of the division and with the 10,589
employment and supervision of the personnel of the division. 10,590
The judge shall designate the title, compensation, expense 10,592
allowances, hours, leaves of absence, and vacations of the 10,593
personnel of the division and shall fix the duties of the 10,594
personnel of the division. The duties of the personnel, in 10,595
addition to other statutory duties, include the handling, 10,596
servicing, and investigation of divorce, dissolution of marriage, 10,597
legal separation, and annulment cases, cases arising under 10,598
Chapter 3111. of the Revised Code, and proceedings involving 10,599
child support, the allocation of parental rights and 10,600
responsibilities for the care of children and the designation for 10,601
the children of a place of residence and legal custodian, and 10,602
visitation, and providing counseling and conciliation services 10,603
that the division makes available to persons, whether or not the 10,604
persons are parties to an action pending in the division, who 10,605
request the services. 10,606
(Y) In Auglaize county, the judge of the probate and 10,608
juvenile divisions of the Auglaize county court of common pleas 10,609
also shall be the administrative judge of the domestic relations 10,610
division of the court and shall be assigned all divorce, 10,612
dissolution of marriage, legal separation, and annulment cases 10,613
coming before the court. The judge shall have all powers as 10,614
administrator of the domestic relations division and shall have 10,615
charge of the personnel engaged in handling, servicing, or 10,616
investigating divorce, dissolution of marriage, legal separation, 10,617
and annulment cases, including any referees considered necessary 10,618
for the discharge of the judge's various duties. 10,619
(Z)(1) In Marion county, the judge of the court of common 10,622
pleas whose term begins on February 9, 1999, and the successors 10,623
to that judge, shall have the same qualifications, exercise the 10,624
245
same powers and jurisdiction, and receive the same compensation
as the other judges of the court of common pleas of Marion county 10,626
and shall be elected and designated as judge of the court of 10,627
common pleas, domestic relations-juvenile-probate division. 10,628
Except as otherwise specified in this division, that judge, and 10,629
the successors to that judge, shall have all the powers relating 10,630
to juvenile courts, and all cases under Chapter CHAPTERS 2151. 10,631
AND 2152. of the Revised Code, all cases arising under Chapter 10,633
3111. of the Revised Code, all divorce, dissolution of marriage, 10,634
legal separation, and annulment cases, all proceedings involving 10,635
child support, the allocation of parental rights and
responsibilities for the care of children and the designation for 10,636
the children of a place of residence and legal custodian, and 10,637
visitation, and all post-decree proceedings and matters arising 10,638
from those cases and proceedings shall be assigned to that judge 10,639
and the successors to that judge. Except as provided in division 10,640
(Z)(2) of this section and notwithstanding any other provision of 10,641
any section of the Revised Code, on and after February 9, 2003, 10,642
the judge of the court of common pleas of Marion county whose 10,644
term begins on February 9, 1999, and the successors to that 10,645
judge, shall have all the powers relating to the probate division 10,646
of the court of common pleas of Marion county in addition to the 10,647
powers previously specified in this division, and shall exercise 10,648
concurrent jurisdiction with the judge of the probate division of 10,649
that court over all matters that are within the jurisdiction of 10,650
the probate division of that court under Chapter 2101., and other 10,651
provisions, of the Revised Code in addition to the jurisdiction 10,652
of the domestic relations-juvenile-probate division of that court 10,653
otherwise specified in division (Z)(1) of this section. 10,654
(2) The judge of the domestic relations-juvenile-probate 10,656
division of the court of common pleas of Marion county or the 10,657
judge of the probate division of the court of common pleas of 10,658
Marion county, whichever of those judges is senior in total 10,660
length of service on the court of common pleas of Marion county, 10,661
246
regardless of the division or divisions of service, shall serve 10,662
as the clerk of the probate division of the court of common pleas 10,663
of Marion county.
(3) On and after February 9, 2003, all references in law 10,666
to "the probate court," "the probate judge," "the juvenile
court," or "the judge of the juvenile court" shall be construed, 10,667
with respect to Marion county, as being references to both "the 10,669
probate division" and "the domestic relations-juvenile-probate
division" and as being references to both "the judge of the 10,670
probate division" and "the judge of the domestic relations- 10,671
juvenile-probate division." On and after February 9, 2003, all 10,672
references in law to "the clerk of the probate court" shall be 10,673
construed, with respect to Marion county, as being references to 10,674
the judge who is serving pursuant to division (Z)(2) of this 10,675
section as the clerk of the probate division of the court of 10,676
common pleas of Marion county.
(AA) If a judge of the court of common pleas, division of 10,678
domestic relations, or juvenile judge, of any of the counties 10,679
mentioned in this section is sick, absent, or unable to perform 10,680
that judge's judicial duties or the volume of cases pending in 10,682
the judge's division necessitates it, the duties of that judge 10,683
shall be performed by another judge of the court of common pleas 10,684
of that county, assigned for that purpose by the presiding judge 10,685
of the court of common pleas of that county to act in place of or 10,686
in conjunction with that judge, as the case may require. 10,687
Sec. 2301.31. (A) If a person on parole is in the custody 10,696
of a county department of probation provided for in division (A) 10,697
of section 2301.27 of the Revised Code, any probation officer of 10,698
that department may arrest the person without a warrant for any 10,699
violation of any condition of parole, as defined in section 10,700
2967.01 of the Revised Code, or of any rule governing persons on 10,701
parole. If a person on parole is in the custody of a county 10,702
department of probation provided for in division (A) of section 10,703
2301.27 of the Revised Code, any probation officer or peace 10,704
247
officer shall arrest the person without a warrant for any 10,705
violation of any condition of parole or any rule governing 10,706
persons on parole upon the written order of the chief probation 10,707
officer of that department. Any peace officer may arrest the 10,708
person without a warrant, in accordance with section 2941.46 of 10,709
the Revised Code, if the peace officer has reasonable ground to 10,710
believe that the person has violated or is violating any of the 10,711
following that is a condition of his THE PERSON'S parole: 10,712
(1) A condition that prohibits his ownership, possession, 10,714
or use of a firearm, deadly weapon, ammunition, or dangerous 10,715
ordnance; 10,716
(2) A condition that prohibits him THE PERSON from being 10,718
within a specified structure or geographic area; 10,720
(3) A condition that confines him THE PERSON to a 10,722
residence, facility, or other structure; 10,723
(4) A condition that prohibits him THE PERSON from 10,725
contacting or communicating with any specified individual; 10,727
(5) A condition that prohibits him THE PERSON from 10,729
associating with a specified individual. 10,731
(B) A person who is arrested as provided in this section 10,733
may be confined in the jail or juvenile detention home FACILITY, 10,734
as the case may be, of the county in which he THE PERSON is 10,735
arrested, until released or removed to the proper institution. 10,736
Upon making an arrest under this section, the arresting probation 10,737
officer or peace officer or his THE ARRESTING OFFICER'S 10,738
department or agency promptly shall notify the chief probation 10,740
officer of the county department of probation with custody of the 10,741
person or the chief probation officer's designee that the person 10,742
has been arrested.
Upon the written order of the chief probation officer of 10,744
the county department with custody of the person, the person may 10,745
be released on parole or reimprisoned or recommitted to the 10,746
proper institution. An appeal from an order of reimprisonment or 10,747
recommitment may be taken to the adult parole authority created 10,748
248
by section 5149.02 of the Revised Code, and the decision of the 10,749
authority on the appeal shall be final. The manner of taking an 10,750
appeal of that nature and the disposition of the appellant 10,751
pending the making and determination of the appeal shall be 10,752
governed by the rules and orders of the adult parole authority. 10,753
(C) Nothing in this section limits the powers of arrest 10,755
granted to certain law enforcement officers and citizens under 10,756
sections 2935.03 and 2935.04 of the Revised Code. 10,757
(D) As used in this section: 10,759
(1) "Peace officer" has the same meaning as in section 10,761
2935.01 of the Revised Code. 10,762
(2) "Firearm," "deadly weapon," and "dangerous ordnance" 10,764
have the same meanings as in section 2923.11 of the Revised Code. 10,765
Sec. 2701.03. (A) If a judge of the court of common pleas 10,775
allegedly is interested in a proceeding pending before the court, 10,776
allegedly is related to or has a bias or prejudice for or against 10,777
a party to a proceeding pending before the court or a party's 10,779
counsel, or allegedly otherwise is disqualified to preside in a 10,780
proceeding pending before the court, any party to the proceeding 10,781
or the party's counsel may file an affidavit of disqualification 10,782
with the clerk of the supreme court in accordance with division 10,783
(B) of this section. 10,784
(B) An affidavit of disqualification filed under section 10,787
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 10,788
less than seven calendar days before the day on which the next 10,789
hearing in the proceeding is scheduled and shall include all of 10,790
the following:
(1) The specific allegations on which the claim of 10,792
interest, bias, prejudice, or disqualification is based and the 10,793
facts to support each of those allegations or, in relation to an 10,794
affidavit filed against a judge of a court of appeals, a specific 10,795
allegation that the judge presided in the lower court in the same 10,796
proceeding and the facts to support that allegation;
249
(2) The jurat of a notary public or another person 10,798
authorized to administer oaths or affirmations; 10,799
(3) A certificate indicating that a copy of the affidavit 10,801
has been served on the probate judge, judge of a court of 10,802
appeals, or judge of a court of common pleas against whom the 10,803
affidavit is filed and on all other parties or their counsel; 10,804
(4) The date of the next scheduled hearing in the 10,806
proceeding or, if there is no hearing scheduled, a statement that 10,807
there is no hearing scheduled.
(C)(1) Except as provided in division (C)(2) of this 10,810
section, when an affidavit of disqualification is presented to 10,811
the clerk of the supreme court for filing under division (B) of 10,812
this section, all of the following apply:
(a) The clerk of the supreme court shall accept the 10,815
affidavit for filing and shall forward the affidavit to the chief 10,816
justice of the supreme court. 10,817
(b) The supreme court shall send notice of the filing of 10,820
the affidavit to the probate court served by the judge if the
affidavit is filed against a probate court judge, to the clerk of 10,821
the court of appeals served by the judge if the affidavit is 10,822
filed against a judge of a court of appeals, or to the clerk of 10,823
the court of common pleas served by the judge if the affidavit is 10,824
filed against a judge of a court of common pleas. 10,825
(c) Upon receipt of the notice under division (C)(1)(b) of 10,828
this section, the probate court, the clerk of the court of 10,829
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 10,830
probate court, the docket of the court of appeals, or the docket 10,831
in the proceeding in the court of common pleas. 10,832
(2) The clerk of the supreme court shall not accept an 10,835
affidavit of disqualification presented for filing under division
(B) of this section if it is not timely presented for filing or 10,837
does not satisfy the requirements of divisions (B)(2), (3), and 10,838
(4) of this section.
250
(D)(1) Except as provided in divisions (D)(2) to (4) of 10,841
this section, if the clerk of the supreme court accepts an 10,842
affidavit of disqualification for filing under divisions (B) and 10,843
(C) of this section, the affidavit deprives the judge against 10,844
whom the affidavit was filed of any authority to preside in the 10,845
proceeding until the chief justice of the supreme court, or a
justice of the supreme court designated by the chief justice, 10,846
rules on the affidavit pursuant to division (E) of this section. 10,847
(2) A judge against whom an affidavit of disqualification 10,849
has been filed under divisions (B) and (C) of this section may do 10,850
any of the following that is applicable: 10,851
(a) If, based on the scheduled hearing date, the affidavit 10,853
was not timely filed, the judge may preside in the proceeding. 10,854
(b) If the proceeding is a domestic relations proceeding, 10,856
the judge may issue any temporary order relating to spousal 10,857
support pendente lite and the support, maintenance, and 10,858
allocation of parental rights and responsibilities for the care 10,859
of children.
(c) If the proceeding pertains to a complaint brought 10,861
pursuant to Chapter 2151. OR 2152. of the Revised Code, the judge 10,863
may issue any temporary order pertaining to the relation and
conduct of any other person toward a child who is the subject of 10,864
a complaint as the interest and welfare of the child may require. 10,865
(3) A judge against whom an affidavit of disqualification 10,867
has been filed under divisions (B) and (C) of this section may 10,868
determine a matter that does not affect a substantive right of 10,869
any of the parties.
(4) If the clerk of the supreme court accepts an affidavit 10,871
of disqualification for filing under divisions (B) and (C) of 10,873
this section, if the chief justice of the supreme court, or a
justice of the supreme court designated by the chief justice, 10,874
denies the affidavit of disqualification pursuant to division (E) 10,875
of this section, and if, after the denial, a second or subsequent 10,876
affidavit of disqualification regarding the same judge and the 10,877
251
same proceeding is filed by the same party who filed or on whose 10,878
behalf was filed the affidavit that was denied or by counsel for 10,879
the same party who filed or on whose behalf was filed the 10,880
affidavit that was denied, the judge against whom the second or
subsequent affidavit is filed may preside in the proceeding prior 10,881
to the ruling of the chief justice of the supreme court, or a 10,882
justice designated by the chief justice, on the second or 10,883
subsequent affidavit.
(E) If the clerk of the supreme court accepts an affidavit 10,886
of disqualification for filing under divisions (B) and (C) of 10,888
this section and if the chief justice of the supreme court, or
any justice of the supreme court designated by the chief justice, 10,889
determines that the interest, bias, prejudice, or 10,890
disqualification alleged in the affidavit does not exist, the 10,891
chief justice or the designated justice shall issue an entry
denying the affidavit of disqualification. If the chief justice 10,893
of the supreme court, or any justice of the supreme court 10,894
designated by the chief justice, determines that the interest, 10,895
bias, prejudice, or disqualification alleged in the affidavit 10,896
exists, the chief justice or the designated justice shall issue 10,898
an entry that disqualifies that judge from presiding in the
proceeding and either order that the proceeding be assigned to 10,899
another judge of the court of which the disqualified judge is a 10,900
member, to a judge of another court, or to a retired judge. 10,901
Sec. 2744.01. As used in this chapter: 10,910
(A) "Emergency call" means a call to duty, including, but 10,912
not limited to, communications from citizens, police dispatches, 10,913
and personal observations by peace officers of inherently 10,914
dangerous situations that demand an immediate response on the 10,915
part of a peace officer. 10,916
(B) "Employee" means an officer, agent, employee, or 10,918
servant, whether or not compensated or full-time or part-time, 10,919
who is authorized to act and is acting within the scope of the 10,921
officer's, agent's, employee's, or servant's employment for a 10,922
252
political subdivision. "Employee" does not include an 10,923
independent contractor and does not include any individual 10,924
engaged by a school district pursuant to section 3319.301 of the 10,925
Revised Code. "Employee" includes any elected or appointed 10,926
official of a political subdivision. "Employee" also includes a 10,927
person who has been convicted of or pleaded guilty to a criminal 10,928
offense and who has been sentenced to perform community service 10,929
work in a political subdivision whether pursuant to section 10,930
2951.02 of the Revised Code or otherwise, and a child who is 10,931
found to be a delinquent child and who is ordered by a juvenile 10,932
court pursuant to section 2151.355 2152.19 OR 2152.20 of the 10,933
Revised Code to perform community service or community work in a 10,934
political subdivision. 10,935
(C)(1) "Governmental function" means a function of a 10,937
political subdivision that is specified in division (C)(2) of 10,938
this section or that satisfies any of the following: 10,939
(a) A function that is imposed upon the state as an 10,941
obligation of sovereignty and that is performed by a political 10,942
subdivision voluntarily or pursuant to legislative requirement; 10,943
(b) A function that is for the common good of all citizens 10,945
of the state; 10,946
(c) A function that promotes or preserves the public 10,948
peace, health, safety, or welfare; that involves activities that 10,949
are not engaged in or not customarily engaged in by 10,950
nongovernmental persons; and that is not specified in division 10,951
(G)(2) of this section as a proprietary function. 10,952
(2) A "governmental function" includes, but is not limited 10,954
to, the following: 10,955
(a) The provision or nonprovision of police, fire, 10,957
emergency medical, ambulance, and rescue services or protection; 10,958
(b) The power to preserve the peace; to prevent and 10,960
suppress riots, disturbances, and disorderly assemblages; to 10,961
prevent, mitigate, and clean up releases of oil and hazardous and 10,962
extremely hazardous substances as defined in section 3750.01 of 10,963
253
the Revised Code; and to protect persons and property; 10,964
(c) The provision of a system of public education; 10,966
(d) The provision of a free public library system; 10,968
(e) The regulation of the use of, and the maintenance and 10,970
repair of, roads, highways, streets, avenues, alleys, sidewalks, 10,971
bridges, aqueducts, viaducts, and public grounds; 10,972
(f) Judicial, quasi-judicial, prosecutorial, legislative, 10,974
and quasi-legislative functions; 10,975
(g) The construction, reconstruction, repair, renovation, 10,977
maintenance, and operation of buildings that are used in 10,978
connection with the performance of a governmental function, 10,979
including, but not limited to, office buildings and courthouses; 10,980
(h) The design, construction, reconstruction, renovation, 10,982
repair, maintenance, and operation of jails, places of juvenile 10,983
detention, workhouses, or any other detention facility, as 10,984
defined in section 2921.01 of the Revised Code; 10,985
(i) The enforcement or nonperformance of any law; 10,987
(j) The regulation of traffic, and the erection or 10,989
nonerection of traffic signs, signals, or control devices; 10,990
(k) The collection and disposal of solid wastes, as 10,992
defined in section 3734.01 of the Revised Code, including, but 10,993
not limited to, the operation of solid waste disposal facilities, 10,994
as "facilities" is defined in that section, and the collection 10,995
and management of hazardous waste generated by households. As 10,996
used in division (C)(2)(k) of this section, "hazardous waste 10,997
generated by households" means solid waste originally generated 10,998
by individual households that is listed specifically as hazardous 10,999
waste in or exhibits one or more characteristics of hazardous 11,000
waste as defined by rules adopted under section 3734.12 of the 11,001
Revised Code, but that is excluded from regulation as a hazardous 11,002
waste by those rules. 11,003
(l) The provision or nonprovision, planning or design, 11,005
construction, or reconstruction of a public improvement, 11,006
including, but not limited to, a sewer system; 11,007
254
(m) The operation of a human services department or 11,009
agency, including, but not limited to, the provision of 11,010
assistance to aged and infirm persons and to persons who are 11,011
indigent; 11,012
(n) The operation of a health board, department, or 11,014
agency, including, but not limited to, any statutorily required 11,015
or permissive program for the provision of immunizations or other 11,016
inoculations to all or some members of the public, provided that 11,017
a "governmental function" does not include the supply, 11,018
manufacture, distribution, or development of any drug or vaccine 11,019
employed in any such immunization or inoculation program by any 11,020
supplier, manufacturer, distributor, or developer of the drug or 11,021
vaccine; 11,022
(o) The operation of mental health facilities, mental 11,024
retardation or developmental disabilities facilities, alcohol 11,025
treatment and control centers, and children's homes or agencies; 11,026
(p) The provision or nonprovision of inspection services 11,028
of all types, including, but not limited to, inspections in 11,029
connection with building, zoning, sanitation, fire, plumbing, and 11,030
electrical codes, and the taking of actions in connection with 11,031
those types of codes, including, but not limited to, the approval 11,032
of plans for the construction of buildings or structures and the 11,033
issuance or revocation of building permits or stop work orders in 11,034
connection with buildings or structures; 11,035
(q) Urban renewal projects and the elimination of slum 11,037
conditions; 11,038
(r) Flood control measures; 11,040
(s) The design, construction, reconstruction, renovation, 11,042
operation, care, repair, and maintenance of a township cemetery; 11,043
(t) The issuance of revenue obligations under section 11,045
140.06 of the Revised Code; 11,046
(u) The design, construction, reconstruction, renovation, 11,048
repair, maintenance, and operation of any park, playground, 11,049
playfield, indoor recreational facility, zoo, zoological park, 11,050
255
bath, swimming pool, pond, water park, wading pool, wave pool, 11,051
water slide, and other type of aquatic facility, or golf course; 11,053
(v) The provision of public defender services by a county 11,055
or joint county public defender's office pursuant to Chapter 120. 11,056
of the Revised Code; 11,057
(w) A function that the general assembly mandates a 11,059
political subdivision to perform. 11,060
(D) "Law" means any provision of the constitution, 11,062
statutes, or rules of the United States or of this state; 11,063
provisions of charters, ordinances, resolutions, and rules of 11,064
political subdivisions; and written policies adopted by boards of 11,065
education. When used in connection with the "common law," this 11,066
definition does not apply. 11,067
(E) "Motor vehicle" has the same meaning as in section 11,069
4511.01 of the Revised Code. 11,070
(F) "Political subdivision" or "subdivision" means a 11,072
municipal corporation, township, county, school district, or 11,073
other body corporate and politic responsible for governmental 11,074
activities in a geographic area smaller than that of the state. 11,075
"Political subdivision" includes, but is not limited to, a county 11,076
hospital commission appointed under section 339.14 of the Revised 11,077
Code, regional planning commission created pursuant to section 11,078
713.21 of the Revised Code, county planning commission created 11,079
pursuant to section 713.22 of the Revised Code, joint planning 11,080
council created pursuant to section 713.231 of the Revised Code, 11,081
interstate regional planning commission created pursuant to 11,082
section 713.30 of the Revised Code, port authority created 11,083
pursuant to section 4582.02 or 4582.26 of the Revised Code or in 11,084
existence on December 16, 1964, regional council established by 11,085
political subdivisions pursuant to Chapter 167. of the Revised 11,086
Code, emergency planning district and joint emergency planning 11,087
district designated under section 3750.03 of the Revised Code, 11,088
joint emergency medical services district created pursuant to 11,089
section 307.052 of the Revised Code, fire and ambulance district 11,090
256
created pursuant to section 505.375 of the Revised Code, joint 11,092
interstate emergency planning district established by an 11,094
agreement entered into under that section, county solid waste
management district and joint solid waste management district 11,095
established under section 343.01 or 343.012 of the Revised Code, 11,096
and community school established under Chapter 3314. of the 11,097
Revised Code.
(G)(1) "Proprietary function" means a function of a 11,099
political subdivision that is specified in division (G)(2) of 11,100
this section or that satisfies both of the following: 11,101
(a) The function is not one described in division 11,103
(C)(1)(a) or (b) of this section and is not one specified in 11,104
division (C)(2) of this section; 11,105
(b) The function is one that promotes or preserves the 11,107
public peace, health, safety, or welfare and that involves 11,108
activities that are customarily engaged in by nongovernmental 11,109
persons. 11,110
(2) A "proprietary function" includes, but is not limited 11,112
to, the following: 11,113
(a) The operation of a hospital by one or more political 11,115
subdivisions; 11,116
(b) The design, construction, reconstruction, renovation, 11,118
repair, maintenance, and operation of a public cemetery other 11,119
than a township cemetery; 11,120
(c) The establishment, maintenance, and operation of a 11,122
utility, including, but not limited to, a light, gas, power, or 11,123
heat plant, a railroad, a busline or other transit company, an 11,124
airport, and a municipal corporation water supply system; 11,125
(d) The maintenance, destruction, operation, and upkeep of 11,127
a sewer system; 11,128
(e) The operation and control of a public stadium, 11,130
auditorium, civic or social center, exhibition hall, arts and 11,131
crafts center, band or orchestra, or off-street parking facility. 11,132
(H) "Public roads" means public roads, highways, streets, 11,134
257
avenues, alleys, and bridges within a political subdivision. 11,135
"Public roads" does not include berms, shoulders, rights-of-way, 11,136
or traffic control devices unless the traffic control devices are 11,139
mandated by the Ohio manual of uniform traffic control devices. 11,140
(I) "State" means the state of Ohio, including, but not 11,142
limited to, the general assembly, the supreme court, the offices 11,143
of all elected state officers, and all departments, boards, 11,144
offices, commissions, agencies, colleges and universities, 11,145
institutions, and other instrumentalities of the state of Ohio. 11,146
"State" does not include political subdivisions. 11,147
Sec. 2744.03. (A) In a civil action brought against a 11,156
political subdivision or an employee of a political subdivision 11,157
to recover damages for injury, death, or loss to persons or 11,158
property allegedly caused by any act or omission in connection 11,159
with a governmental or proprietary function, the following 11,160
defenses or immunities may be asserted to establish nonliability: 11,161
(1) The political subdivision is immune from liability if 11,163
the employee involved was engaged in the performance of a 11,164
judicial, quasi-judicial, prosecutorial, legislative, or 11,165
quasi-legislative function. 11,166
(2) The political subdivision is immune from liability if 11,168
the conduct of the employee involved, other than negligent 11,169
conduct, that gave rise to the claim of liability was required by 11,170
law or authorized by law, or if the conduct of the employee 11,171
involved that gave rise to the claim of liability was necessary 11,172
or essential to the exercise of powers of the political 11,173
subdivision or employee. 11,174
(3) The political subdivision is immune from liability if 11,176
the action or failure to act by the employee involved that gave 11,177
rise to the claim of liability was within the discretion of the 11,178
employee with respect to policy-making, planning, or enforcement 11,179
powers by virtue of the duties and responsibilities of the office 11,180
or position of the employee. 11,181
(4) The political subdivision is immune from liability if 11,183
258
the action or failure to act by the political subdivision or 11,184
employee involved that gave rise to the claim of liability 11,185
resulted in injury or death to a person who had been convicted of 11,186
or pleaded guilty to a criminal offense and who, at the time of 11,187
the injury or death, was serving any portion of the person's 11,188
sentence by performing community service work for or in the 11,190
political subdivision whether pursuant to section 2951.02 of the 11,191
Revised Code or otherwise, or resulted in injury or death to a 11,192
child who was found to be a delinquent child and who, at the time 11,193
of the injury or death, was performing community service or 11,194
community work for or in a political subdivision in accordance 11,195
with the order of a juvenile court entered pursuant to section 11,196
2151.355 2152.19 OR 2152.20 of the Revised Code, and if, at the 11,198
time of the person's or child's injury or death, the person or 11,201
child was covered for purposes of Chapter 4123. of the Revised 11,202
Code in connection with the community service or community work 11,203
for or in the political subdivision.
(5) The political subdivision is immune from liability if 11,205
the injury, death, or loss to persons or property resulted from 11,206
the exercise of judgment or discretion in determining whether to 11,207
acquire, or how to use, equipment, supplies, materials, 11,208
personnel, facilities, and other resources unless the judgment or 11,210
discretion was exercised with malicious purpose, in bad faith, or 11,211
in a wanton or reckless manner.
(6) In addition to any immunity or defense referred to in 11,213
division (A)(7) of this section and in circumstances not covered 11,214
by that division or sections 3314.07 and 3746.24 of the Revised 11,216
Code, the employee is immune from liability unless one of the 11,218
following applies:
(a) The employee's acts or omissions were manifestly 11,220
outside the scope of the employee's employment or official 11,221
responsibilities; 11,222
(b) The employee's acts or omissions were with malicious 11,224
purpose, in bad faith, or in a wanton or reckless manner; 11,225
259
(c) Liability is expressly imposed upon the employee by a 11,227
section of the Revised Code. Liability shall not be construed to 11,228
exist under another section of the Revised Code merely because 11,229
that section imposes a responsibility or mandatory duty upon an 11,230
employee, because of a general authorization in that section that 11,231
an employee may sue and be sued, or because the section uses the 11,232
term "shall" in a provision pertaining to an employee.
(7) The political subdivision, and an employee who is a 11,234
county prosecuting attorney, city director of law, village 11,235
solicitor, or similar chief legal officer of a political 11,236
subdivision, an assistant of any such person, or a judge of a 11,237
court of this state is entitled to any defense or immunity 11,238
available at common law or established by the Revised Code. 11,239
(B) Any immunity or defense conferred upon, or referred to 11,241
in connection with, an employee by division (A)(6) or (7) of this 11,242
section does not affect or limit any liability of a political 11,243
subdivision for an act or omission of the employee as provided in 11,244
section 2744.02 of the Revised Code. 11,245
Sec. 2919.24. (A) No person, INCLUDING A PARENT, 11,254
GUARDIAN, OR OTHER CUSTODIAN OF A CHILD, shall do either of the 11,255
following: 11,256
(1) Aid, abet, induce, cause, encourage, or contribute to 11,258
a child or a ward of the juvenile court becoming an unruly child, 11,259
as defined in section 2151.022 of the Revised Code, or a 11,260
delinquent child, as defined in section 2151.02 2152.02 of the 11,261
Revised Code; 11,263
(2) Act in a way tending to cause a child or a ward of the 11,265
juvenile court to become an unruly child, as defined in section 11,266
2151.022 of the Revised Code, or a delinquent child, as defined 11,267
in section 2151.02 2152.02 of the Revised Code. 11,268
(B) Whoever violates this section is guilty of 11,270
contributing to the unruliness or delinquency of a child, a 11,271
misdemeanor of the first degree. Each day of violation of this 11,272
section is a separate offense. 11,273
260
Sec. 2921.32. (A) No person, with purpose to hinder the 11,282
discovery, apprehension, prosecution, conviction, or punishment 11,283
of another for crime or to assist another to benefit from the 11,284
commission of a crime, and no person, with purpose to hinder the 11,285
discovery, apprehension, prosecution, adjudication as a 11,286
delinquent child, or disposition of a child for an act that if 11,287
committed by an adult would be a crime or to assist a child to 11,288
benefit from the commission of an act that if committed by an 11,289
adult would be a crime, shall do any of the following:
(1) Harbor or conceal the other person or child; 11,291
(2) Provide the other person or child with money, 11,293
transportation, a weapon, a disguise, or other means of avoiding 11,294
discovery or apprehension; 11,295
(3) Warn the other person or child of impending discovery 11,297
or apprehension; 11,298
(4) Destroy or conceal physical evidence of the crime or 11,300
act, or induce any person to withhold testimony or information or 11,301
to elude legal process summoning the person to testify or supply 11,302
evidence; 11,303
(5) Communicate false information to any person. 11,305
(B)(1) Whoever violates this section is guilty of 11,307
obstructing justice.
(2) If the crime committed by the person aided is a 11,309
misdemeanor or if the act committed by the child aided would be a 11,310
misdemeanor if committed by an adult, obstructing justice is a 11,311
misdemeanor of the same degree as the crime committed by the 11,313
person aided or a misdemeanor of the same degree that the act 11,314
committed by the child aided would be if committed by an adult. 11,315
(3) Except as otherwise provided in division (B)(4) of 11,317
this section, if the crime committed by the person aided is a 11,318
felony or if the act committed by the child aided would be a 11,319
felony if committed by an adult, obstructing justice is a felony 11,321
of the fifth degree.
(4) If the crime committed by the person aided is 11,323
261
aggravated murder, murder, or a felony of the first or second 11,324
degree or if the act committed by the child aided would be one of 11,325
those offenses if committed by an adult and if the offender knows 11,326
or has reason to believe that the crime committed by the person 11,327
aided is one of those offenses or that the act committed by the 11,328
child aided would be one of those offenses if committed by an 11,329
adult, obstructing justice is a felony of the third degree. 11,330
(C) As used in this section: 11,332
(1) "Adult" and "child" have the same meanings as in 11,334
section 2151.011 of the Revised Code. 11,335
(2) "Delinquent child" has the same meaning as in section 11,337
2151.02 2152.02 of the Revised Code. 11,338
Sec. 2923.211. (A) No person under eighteen years of age 11,348
shall purchase or attempt to purchase a firearm.
(B) No person under twenty-one years of age shall purchase 11,351
or attempt to purchase a handgun, provided that this division 11,352
does not apply to the purchase or attempted purchase of a handgun 11,353
by a person eighteen years of age or older and under twenty-one 11,354
years of age if the person eighteen years of age or older and 11,355
under twenty-one years of age is a law enforcement officer who is 11,356
properly appointed or employed as a law enforcement officer and 11,357
has received firearms training approved by the Ohio peace officer 11,358
training council or equivalent firearms training. 11,359
(C) Whoever violates division (A) of this section is 11,362
guilty of underage purchase of a firearm, is a delinquent child, 11,363
and is subject to an order of disposition as provided in section 11,365
2151.355 of the Revised Code ACT THAT WOULD BE A FELONY OF THE 11,366
FOURTH DEGREE IF IT COULD BE COMMITTED BY AN ADULT. Whoever
violates division (B) of this section is guilty of underage 11,368
purchase of a handgun, a misdemeanor of the second degree. 11,369
Sec. 2923.32. (A)(1) No person employed by, or associated 11,378
with, any enterprise shall conduct or participate in, directly or 11,379
indirectly, the affairs of the enterprise through a pattern of 11,380
corrupt activity or the collection of an unlawful debt. 11,381
262
(2) No person, through a pattern of corrupt activity or 11,383
the collection of an unlawful debt, shall acquire or maintain, 11,384
directly or indirectly, any interest in, or control of, any 11,385
enterprise or real property. 11,386
(3) No person, who knowingly has received any proceeds 11,388
derived, directly or indirectly, from a pattern of corrupt 11,389
activity or the collection of any unlawful debt, shall use or 11,390
invest, directly or indirectly, any part of those proceeds, or 11,391
any proceeds derived from the use or investment of any of those 11,392
proceeds, in the acquisition of any title to, or any right, 11,393
interest, or equity in, real property or in the establishment or 11,394
operation of any enterprise. 11,395
A purchase of securities on the open market with intent to 11,397
make an investment, without intent to control or participate in 11,398
the control of the issuer, and without intent to assist another 11,399
to do so is not a violation of this division, if the securities 11,400
of the issuer held after the purchase by the purchaser, the 11,401
members of the purchaser's immediate family, and the purchaser's 11,403
or the immediate family members' accomplices in any pattern of 11,405
corrupt activity or the collection of an unlawful debt do not 11,406
aggregate one per cent of the outstanding securities of any one 11,407
class of the issuer and do not confer, in law or in fact, the 11,408
power to elect one or more directors of the issuer.
(B)(1) Whoever violates this section is guilty of engaging 11,410
in a pattern of corrupt activity. Except as otherwise provided 11,412
in this division, engaging in corrupt activity is a felony of the 11,413
second degree. If at least one of the incidents of corrupt
activity is a felony of the first, second, or third degree, 11,414
aggravated murder, or murder, if at least one of the incidents 11,415
was a felony under the law of this state that was committed prior 11,416
to the effective date of this amendment and that would constitute 11,417
a felony of the first, second, or third degree, aggravated 11,418
murder, or murder if committed on or after the effective date of 11,419
this amendment, or if at least one of the incidents of corrupt 11,420
263
activity is a felony under the law of the United States or of 11,422
another state that, if committed in this state on or after the 11,423
effective date of this amendment, would constitute a felony of 11,424
the first, second, or third degree, aggravated murder, or murder 11,425
under the law of this state, engaging in a pattern of corrupt 11,426
activity is a felony of the first degree. Notwithstanding any 11,427
other provision of law, a person may be convicted of violating 11,428
the provisions of this section as well as of a conspiracy to 11,429
violate one or more of those provisions under section 2923.01 of 11,430
the Revised Code.
(2) Notwithstanding the financial sanctions authorized by 11,433
section 2929.18 of the Revised Code, the court may do all of the 11,434
following with respect to any person who derives pecuniary value 11,435
or causes property damage, personal injury other than pain and 11,436
suffering, or other loss through or by the violation of this 11,437
section:
(a) In lieu of the fine authorized by that section, impose 11,440
a fine not exceeding the greater of three times the gross value 11,441
gained or three times the gross loss caused and order the clerk 11,442
of the court to pay the fine into the corrupt activity 11,443
investigation and prosecution fund created in section 2923.35 of 11,444
the Revised Code;
(b) In addition to the fine described in division 11,446
(B)(2)(a) of this section and the financial sanctions authorized 11,448
by section 2929.18 of the Revised Code, order the person to pay
court costs; 11,449
(c) In addition to the fine described in division 11,451
(B)(2)(a) of this section and the financial sanctions authorized 11,453
by section 2929.18 of the Revised Code, order the person to pay
to the state, municipal, or county law enforcement agencies that 11,454
handled the investigation and prosecution the costs of 11,455
investigation and prosecution that are reasonably incurred. 11,456
The court shall hold a hearing to determine the amount of 11,458
fine, court costs, and other costs to be imposed under this 11,459
264
division. 11,460
(3) In addition to any other penalty or disposition 11,462
authorized or required by law, the court shall order any person 11,463
who is convicted of or pleads guilty to a violation of this 11,464
section or who is adjudicated delinquent by reason of a violation 11,465
of this section to criminally forfeit to the state any personal 11,466
or real property in which the person has an interest and that was 11,468
used in the course of or intended for use in the course of a 11,469
violation of this section, or that was derived from or realized 11,470
through conduct in violation of this section, including any 11,471
property constituting an interest in, means of control over, or 11,472
influence over the enterprise involved in the violation and any 11,473
property constituting proceeds derived from the violation, 11,474
including all of the following: 11,475
(a) Any position, office, appointment, tenure, commission, 11,477
or employment contract of any kind acquired or maintained by the 11,478
person in violation of this section, through which the person, in 11,480
violation of this section, conducted or participated in the 11,481
conduct of an enterprise, or that afforded the person a source of 11,483
influence or control over an enterprise that the person exercised 11,484
in violation of this section;
(b) Any compensation, right, or benefit derived from a 11,486
position, office, appointment, tenure, commission, or employment 11,487
contract described in division (B)(3)(a) of this section that 11,488
accrued to the person in violation of this section during the 11,490
period of the pattern of corrupt activity;
(c) Any interest in, security of, claim against, or 11,492
property or contractual right affording the person a source of 11,494
influence or control over the affairs of an enterprise that the
person exercised in violation of this section; 11,495
(d) Any amount payable or paid under any contract for 11,497
goods or services that was awarded or performed in violation of 11,498
this section. 11,499
(4)(a) A sentence or disposition of criminal forfeiture 11,501
265
pursuant to division (B)(3) of this section shall not be entered 11,502
unless either of the following applies: 11,503
(i) The indictment, count in the indictment, or 11,505
information charging the offense, or the complaint, INDICTMENT, 11,506
OR INFORMATION filed in juvenile court charging the violation as 11,507
a delinquent act alleges the extent of the property subject to 11,509
forfeiture;
(ii) The criminal sentence or delinquency disposition 11,511
requires the forfeiture of property that was not reasonably 11,512
foreseen to be subject to forfeiture at the time of the 11,513
indictment, count in the indictment, or information charging the 11,514
offense, or the complaint, INDICTMENT, OR INFORMATION filed in 11,515
juvenile court charging the violation as a delinquent act, 11,517
provided that the prosecuting attorney gave prompt notice to the 11,518
defendant or the alleged or adjudicated delinquent child of such 11,519
property not reasonably foreseen to be subject to forfeiture when 11,520
it is discovered to be forfeitable. 11,521
(b) A special verdict shall be returned as to the extent 11,523
of the property, if any, subject to forfeiture. When the special 11,524
verdict is returned, a judgment of forfeiture shall be entered. 11,525
(5) If any property included in a special verdict of 11,527
forfeiture returned pursuant to division (B)(4) of this section 11,528
cannot be located, has been sold to a bona fide purchaser for 11,529
value, placed beyond the jurisdiction of the court, substantially 11,530
diminished in value by the conduct of the defendant or 11,531
adjudicated delinquent child, or commingled with other property 11,532
that cannot be divided without difficulty or undue injury to 11,533
innocent persons, or otherwise is unreachable without undue 11,534
injury to innocent persons, the court shall order forfeiture of 11,535
any other reachable property of the defendant or adjudicated 11,536
delinquent child up to the value of the property that is 11,537
unreachable. 11,538
(6) All property ordered forfeited pursuant to this 11,540
section shall be held by the law enforcement agency that seized 11,541
266
it for distribution or disposal pursuant to section 2923.35 of 11,542
the Revised Code. The agency shall maintain an accurate record 11,543
of each item of property so seized and held, which record shall 11,544
include the date on which each item was seized, the manner and 11,545
date of disposition by the agency, and if applicable, the name of 11,546
the person who received the item; however, the record shall not 11,547
identify or enable the identification of the individual officer 11,548
who seized the property. The record is a public record open for 11,549
inspection under section 149.43 of the Revised Code. Each law 11,550
enforcement agency that seizes and holds in any calendar year any 11,551
item of property that is ordered forfeited pursuant to this 11,552
section shall prepare a report covering the calendar year that 11,553
cumulates all of the information contained in all of the records 11,554
kept by the agency pursuant to this division for that calendar 11,555
year, and shall send the cumulative report, no later than the 11,556
first day of March in the calendar year following the calendar 11,557
year covered by the report, to the attorney general. Each such 11,558
report so received by the attorney general is a public record 11,559
open for inspection under section 149.43 of the Revised Code. 11,560
Not later than the fifteenth day of April in the calendar year in 11,561
which the reports were received, the attorney general shall send 11,562
to the president of the senate and the speaker of the house of 11,563
representatives a written notification that does all of the 11,564
following: 11,565
(a) Indicates that the attorney general has received from 11,567
law enforcement agencies reports of the type described in this 11,569
division that cover the previous calendar year and indicates that 11,570
the reports were received under this division;
(b) Indicates that the reports are open for inspection 11,573
under section 149.43 of the Revised Code; 11,574
(c) Indicates that the attorney general will provide a 11,577
copy of any or all of the reports to the president of the senate 11,578
or the speaker of the house of representatives upon request. 11,579
(C) Notwithstanding the notice and procedure prescribed by 11,581
267
division (E) of this section, an order of criminal forfeiture 11,582
entered under division (B)(3) of this section shall authorize an 11,583
appropriate law enforcement agency to seize the property declared 11,584
forfeited under this section upon the terms and conditions, 11,585
relating to the time and manner of seizure, that the court 11,586
determines proper. 11,587
(D) Criminal penalties under this section are not mutually 11,589
exclusive, unless otherwise provided, and do not preclude the 11,590
application of any other criminal or civil remedy under this or 11,591
any other section of the Revised Code. A disposition of criminal 11,592
forfeiture ordered pursuant to division (B)(3) of this section in 11,593
relation to a child who was adjudicated delinquent by reason of a 11,594
violation of this section does not preclude the application of 11,595
any other order of disposition under section 2151.355 CHAPTER 11,597
2152. of the Revised Code or any other civil remedy under this or 11,598
any other section of the Revised Code. 11,599
(E)(1) Upon the entry of a judgment of forfeiture pursuant 11,601
to division (B)(3) of this section, the court shall cause notice 11,602
of the judgment to be sent by certified mail, return receipt 11,603
requested, to all persons known to have, or appearing to have, an 11,604
interest in the property that was acquired prior to the filing of 11,605
a corrupt activity lien notice or a lis pendens as authorized by 11,606
section 2923.36 of the Revised Code. If the notices cannot be 11,607
given to those persons in that manner, the court shall cause 11,608
publication of the notice of the judgment of forfeiture pursuant 11,609
to the Rules of Civil Procedure. 11,610
(2) Within thirty days after receipt of a notice or after 11,612
the date of publication of a notice under division (E)(1) of this 11,613
section, any person, other than the defendant or the adjudicated 11,614
delinquent child, who claims an interest in the property that is 11,615
subject to forfeiture may petition the court for a hearing to 11,616
determine the validity of the claim. The petition shall be 11,617
signed and sworn to by the petitioner and shall set forth the 11,618
nature and extent of the petitioner's interest in the property, 11,619
268
the date and circumstances of the petitioner's acquisition of the 11,620
interest, any additional allegations supporting the claim, and 11,621
the relief sought. The petitioner shall furnish the prosecuting 11,622
attorney with a copy of the petition. 11,623
(3) The court, to the extent practicable and consistent 11,625
with the interests of justice, shall hold the hearing described 11,626
under division (E)(2) of this section within thirty days from the 11,627
filing of the petition. The court may consolidate the hearings 11,628
on all petitions filed by third party claimants under this 11,629
section. At the hearing, the petitioner may testify and present 11,630
evidence on the petitioner's own behalf and cross-examine 11,631
witnesses. The prosecuting attorney may present evidence and 11,632
witnesses in rebuttal and in defense of the claim of the state to 11,633
the property and cross-examine witnesses. The court, in making 11,634
its determination, shall consider the testimony and evidence 11,635
presented at the hearing and the relevant portions of the record 11,636
of the criminal proceeding that resulted in the judgment of 11,637
forfeiture. 11,638
(4) If at a hearing held under division (E)(3) of this 11,640
section, the court, by a preponderance of the evidence, 11,641
determines either that the petitioner has a legal right, title, 11,642
or interest in the property that, at the time of the commission 11,643
of the acts giving rise to the forfeiture of the property, was 11,644
vested in the petitioner and not in the defendant or the 11,645
adjudicated delinquent child or was superior to the right, title, 11,646
or interest of the defendant or the adjudicated delinquent child, 11,647
or that the petitioner is a bona fide purchaser for value of the 11,648
right, title, or interest in the property and was at the time of 11,649
the purchase reasonably without cause to believe that the 11,650
property was subject to forfeiture under this section, it shall 11,651
amend, in accordance with its determination, the judgment of 11,652
forfeiture to protect the rights of innocent persons. 11,653
(F) Except as provided in division (E) of this section, no 11,655
person claiming an interest in property that is subject to 11,656
269
forfeiture under this section shall do either of the following: 11,657
(1) Intervene in a trial or appeal of a criminal case or a 11,659
delinquency case that involves the forfeiture of the property; 11,660
(2) File an action against the state concerning the 11,662
validity of the person's alleged interest in the property 11,663
subsequent to the filing of the indictment, count in the 11,665
indictment, or information, or the filing of the complaint, 11,666
INDICTMENT, OR INFORMATION in juvenile court, that alleges that 11,668
the property is subject to forfeiture under this section. 11,669
(G) As used in this section, "law enforcement agency" 11,671
includes, but is not limited to, the state board of pharmacy. 11,672
Sec. 2923.33. (A) At any time after an indictment is 11,681
filed alleging a violation of section 2923.32 of the Revised Code 11,682
or a conspiracy to violate that section or after a complaint, 11,683
INDICTMENT OR INFORMATION is filed in juvenile court alleging a 11,684
violation of that section or a conspiracy to violate that section 11,687
as a delinquent act, the prosecuting attorney may file a motion 11,688
requesting the court to issue an order to preserve the 11,689
reachability of any property that may be subject to forfeiture. 11,690
Upon the filing of the motion, the court, after giving notice to 11,691
any person who will be affected by any order issued by the court 11,692
pursuant to the motion, shall hold a hearing on the motion at 11,693
which all affected persons have an opportunity to be heard and, 11,694
upon a showing by the prosecuting attorney by a preponderance of 11,695
the evidence that the particular action is necessary to preserve 11,696
the reachability of any property that may be subject to 11,697
forfeiture and based upon the indictment, may enter a restraining 11,698
order or injunction, require the execution of a satisfactory 11,699
performance bond, or take any other necessary action, including 11,700
the appointment of a receiver. The prosecuting attorney is not 11,701
required to show special or irreparable injury to obtain any 11,702
court action pursuant to this division. Notwithstanding the 11,703
Rules of Evidence, the court's order or injunction may be based 11,704
on hearsay testimony.
270
(B) If no indictment has been filed alleging a violation 11,706
of section 2923.32 of the Revised Code or a conspiracy to violate 11,707
that section and no complaint, INDICTMENT, OR INFORMATION has 11,708
been filed in juvenile court alleging a violation of that section 11,709
or a conspiracy to violate that section as a delinquent act, the 11,711
court may take any action specified in division (A) of this 11,712
section if the prosecuting attorney for the county, in addition 11,713
to the showing that would be required pursuant to division (A) of 11,714
this section, also shows both of the following by a preponderance 11,715
of the evidence:
(1) There is probable cause to believe that the property 11,717
with respect to which the order is sought, in the event of a 11,718
conviction or a delinquency adjudication, would be subject to 11,719
criminal forfeiture under section 2923.32 of the Revised Code; 11,720
(2) The requested order would not result in irreparable 11,722
harm to the party against whom the order is to be entered that 11,723
outweighs the need to preserve the reachability of the property. 11,724
No order entered pursuant to this division shall be 11,726
effective for more than ninety days, unless it is extended 11,727
pursuant to the procedure provided in this division by the court 11,728
for good cause shown or an indictment is returned alleging that 11,729
the property is subject to forfeiture. 11,730
(C) Upon application by the prosecuting attorney, the 11,732
court may grant a temporary restraining order to preserve the 11,733
reachability of property subject to criminal forfeiture under 11,734
section 2923.32 of the Revised Code without notice to any party, 11,735
if all of the following occur: 11,736
(1) Either an indictment or a juvenile delinquency 11,738
complaint, INDICTMENT, OR INFORMATION alleging that property is 11,739
subject to criminal forfeiture has been filed, or the court 11,741
determines that there is probable cause to believe that property 11,742
with respect to which the order is sought would be subject, in 11,743
the event of a conviction or a delinquency adjudication, to 11,744
criminal forfeiture;
271
(2) The property is in the possession or control of the 11,746
party against whom the order is to be entered; 11,747
(3) The court determines that the nature of the property 11,749
is such that it can be concealed, disposed of, or placed beyond 11,750
the jurisdiction of the court before any party may be heard in 11,751
opposition to the order. 11,752
A temporary restraining order granted without notice to any 11,754
party under this division shall expire within the time, not to 11,755
exceed ten days, that the court fixes, unless extended for good 11,756
cause shown or unless the party against whom it is entered 11,757
consents to an extension for a longer period. If a temporary 11,758
restraining order is granted under this division without notice 11,759
to any party, the court shall hold a hearing concerning the entry 11,760
of an order under this division at the earliest practicable time 11,761
prior to the expiration of the temporary order. 11,762
(D) Following sentencing and the entry of a judgment 11,764
against an offender that includes a fine or an order of criminal 11,765
forfeiture, or both, under section 2923.32 of the Revised Code, 11,766
or following the entry of a judgment against a delinquent child 11,767
that includes an order of criminal forfeiture under that section, 11,768
the court may enter a restraining order or injunction, require 11,769
the execution of a satisfactory performance bond, or take any 11,770
other action, including the appointment of a receiver, that the 11,771
court determines to be proper to protect the interests of the 11,772
state or an innocent person. 11,773
Sec. 2923.34. (A) The prosecuting attorney of the county 11,782
in which a violation of section 2923.32 of the Revised Code, or a 11,783
conspiracy to violate that section, occurs may institute a civil 11,784
proceeding as authorized by this section in an appropriate court 11,785
seeking relief from any person whose conduct violated section 11,786
2923.32 of the Revised Code or who conspired to violate that 11,787
section. 11,788
(B) Any person who is injured or threatened with injury by 11,790
a violation of section 2923.32 of the Revised Code may institute 11,791
272
a civil proceeding in an appropriate court seeking relief from 11,792
any person whose conduct violated or allegedly violated section 11,793
2923.32 of the Revised Code or who conspired or allegedly 11,794
conspired to violate that section, except that the pattern of 11,795
corrupt activity alleged by an injured person or person 11,796
threatened with injury shall include at least one incident other 11,797
than a violation of division (A)(1) or (2) of section 1707.042 or 11,798
division (B), (C)(4), (D), (E), or (F) of section 1707.44 of the 11,799
Revised Code, of 18 U.S.C. 1341, 18 U.S.C. 1343, 18 U.S.C. 2314, 11,800
or any other offense involving fraud in the sale of securities. 11,801
(C) If the plaintiff in a civil action instituted pursuant 11,803
to this section proves the violation by a preponderance of the 11,804
evidence, the court, after making due provision for the rights of 11,805
innocent persons, may grant relief by entering any appropriate 11,806
orders to ensure that the violation will not continue or be 11,807
repeated. The orders may include, but are not limited to, orders 11,808
that: 11,809
(1) Require any defendant in the action to divest himself 11,811
of any THE DIVESTITURE OF THE DEFENDANT'S interest in any 11,812
enterprise or in any real property; 11,813
(2) Impose reasonable restrictions upon the future 11,815
activities or investments of any defendant in the action, 11,816
including, but not limited to, restrictions that prohibit the 11,817
defendant from engaging in the same type of endeavor as the 11,818
enterprise in which he THE DEFENDANT was engaged in violation of 11,819
section 2923.32 of the Revised Code; 11,820
(3) Order the dissolution or reorganization of any 11,822
enterprise; 11,823
(4) Order the suspension or revocation of a license, 11,825
permit, or prior approval granted to any enterprise by any 11,826
department or agency of the state; 11,827
(5) Order the dissolution of a corporation organized under 11,829
the laws of this state, or the revocation of the authorization of 11,830
a foreign corporation to conduct business within this state, upon 11,831
273
a finding that the board of directors or an agent acting on 11,832
behalf of the corporation, in conducting the affairs of the 11,833
corporation, has authorized or engaged in conduct in violation of 11,834
section 2923.32 of the Revised Code, and that, for the prevention 11,835
of future criminal conduct, the public interest requires the 11,836
corporation to be dissolved or its license revoked. 11,837
(D) Relief pursuant to division (C)(3), (4), or (5) of 11,839
this section shall not be granted in any civil proceeding 11,840
instituted by an injured person unless the attorney general 11,841
intervenes in the civil action pursuant to this division. 11,842
Upon the filing of a civil proceeding for relief under 11,844
division (C)(3), (4), or (5) of this section by an allegedly 11,845
injured person other than a prosecuting attorney, the allegedly 11,846
injured person immediately shall notify the attorney general of 11,847
the filing. The attorney general, upon timely application, may 11,848
intervene in any civil proceeding for relief under division 11,849
(C)(3), (4), or (5) if the attorney general certifies that, in 11,850
his THE ATTORNEY GENERAL'S opinion, the proceeding is of general 11,851
public interest. In any proceeding brought by an injured person 11,852
under division (C)(3), (4), or (5) of this section, the attorney 11,853
general is entitled to the same relief as if the attorney general 11,854
instituted the proceeding. 11,855
(E) In a civil proceeding under division (C) of this 11,857
section, the court may grant injunctive relief without a showing 11,858
of special or irreparable injury. 11,859
Pending final determination of a civil proceeding initiated 11,861
under this section, the court may issue a temporary restraining 11,862
order or a preliminary injunction upon a showing of immediate 11,863
danger or significant injury to the plaintiff, including the 11,864
possibility that any judgment for money damages might be 11,865
difficult to execute, and, in a proceeding initiated by an 11,866
aggrieved person, upon the execution of proper bond against 11,867
injury for an improvidently granted injunction. 11,868
(F) In a civil proceeding under division (B) of this 11,870
274
section, any person directly or indirectly injured by conduct in 11,871
violation of section 2923.32 of the Revised Code or a conspiracy 11,872
to violate that section, other than a violator of that section or 11,873
a conspirator to violate that section, in addition to relief 11,874
under division (C) of this section, shall have a cause of action 11,875
for triple the actual damages he THE PERSON sustained. To 11,876
recover triple damages, the plaintiff shall prove the violation 11,877
or conspiracy to violate that section and actual damages by clear 11,879
and convincing evidence. Damages under this division may 11,880
include, but are not limited to, competitive injury and injury 11,881
distinct from the injury inflicted by corrupt activity. 11,882
(G) In a civil action in which the plaintiff prevails 11,884
under division (C) or (F) of this section, he THE PLAINTIFF shall 11,886
recover reasonable attorney fees in the trial and appellate
courts, and the court shall order the defendant to pay to the 11,887
state, municipal, or county law enforcement agencies that handled 11,888
the investigation and litigation the costs of investigation and 11,889
litigation that reasonably are incurred and that are not ordered 11,890
to be paid pursuant to division (B)(2) of section 2923.32 of the 11,891
Revised Code or division (I) of this section. 11,892
(H) Upon application, based on the evidence presented in 11,894
the case by the plaintiff, as the interests of justice may 11,895
require, the trial court may grant a defendant who prevails in a 11,896
civil action brought pursuant to this section all or part of his 11,897
THE DEFENDANT'S costs, including the costs of investigation and 11,898
litigation reasonably incurred, and all or part of his THE 11,899
DEFENDANT'S reasonable attorney fees, unless the court finds that 11,900
special circumstances, including the relative economic position 11,901
of the parties, make an award unjust. 11,902
(I) If a person, other than an individual, is not 11,904
convicted of a violation of section 2923.32 of the Revised Code, 11,905
the prosecuting attorney may institute proceedings against the 11,906
person to recover a civil penalty for conduct that the 11,907
prosecuting attorney proves by clear and convincing evidence is 11,908
275
in violation of section 2923.32 of the Revised Code. The civil 11,909
penalty shall not exceed one hundred thousand dollars and shall 11,910
be paid into the state treasury to the credit of the corrupt 11,911
activity investigation and prosecution fund created in section 11,912
2923.35 of the Revised Code. If a civil penalty is ordered 11,913
pursuant to this division, the court shall order the defendant to 11,914
pay to the state, municipal, or county law enforcement agencies 11,915
that handled the investigation and litigation the costs of 11,916
investigation and litigation that are reasonably incurred and 11,917
that are not ordered to be paid pursuant to this section. 11,918
(J) A final judgment, decree, or delinquency adjudication 11,920
rendered against the defendant or the adjudicated delinquent 11,921
child in a civil action under this section or in a criminal or 11,922
delinquency action or proceeding for a violation of section 11,923
2923.32 of the Revised Code shall estop the defendant or the 11,924
adjudicated delinquent child in any subsequent civil proceeding 11,925
or action brought by any person as to all matters as to which the 11,926
judgment, decree, or adjudication would be an estoppel as between 11,927
the parties to the civil, criminal, or delinquency proceeding or 11,928
action. 11,929
(K) Notwithstanding any other provision of law providing a 11,931
shorter period of limitations, a civil proceeding or action under 11,932
this section may be commenced at any time within five years after 11,933
the unlawful conduct terminates or the cause of action accrues or 11,934
within any longer statutory period of limitations that may be 11,935
applicable. If a criminal proceeding, delinquency proceeding, 11,936
civil action, or other proceeding is brought or intervened in by 11,937
the state to punish, prevent, or restrain any activity that is 11,938
unlawful under section 2923.32 of the Revised Code, the running 11,939
of the period of limitations prescribed by this division with 11,940
respect to any civil action brought under this section by a 11,941
person who is injured by a violation or threatened violation of 11,942
section 2923.32 of the Revised Code, based in whole or in part 11,943
upon any matter complained of in the state prosecution, action, 11,944
276
or proceeding, shall be suspended during the pendency of the 11,945
state prosecution, action, or proceeding and for two years 11,946
following its termination. 11,947
(L) Personal service of any process in a proceeding under 11,949
this section may be made upon any person outside this state if 11,950
the person was involved in any conduct constituting a violation 11,951
of section 2923.32 of the Revised Code in this state. The person 11,952
is deemed by his THE PERSON'S conduct in violation of section 11,953
2923.32 of the Revised Code to have submitted himself to the 11,955
jurisdiction of the courts of this state for the purposes of this
section.
(M) The application of any civil remedy under this section 11,957
shall not preclude the application of any criminal remedy or 11,958
criminal forfeiture under section 2923.32 of the Revised Code or 11,959
any other provision of law, or the application of any delinquency 11,960
disposition under section 2151.355 CHAPTER 2152. of the Revised 11,962
Code or any other provision of law. 11,963
(N) As used in this section, "law enforcement agency" 11,965
includes, but is not limited to, the state board of pharmacy. 11,966
Sec. 2923.36. (A) Upon the institution of any criminal 11,974
proceeding charging a violation of section 2923.32 of the Revised 11,975
Code, the filing of any complaint, INDICTMENT, OR INFORMATION in 11,976
juvenile court alleging a violation of that section as a 11,979
delinquent act, or the institution of any civil proceeding under 11,980
section 2923.32 or 2923.34 of the Revised Code, the state, at any 11,981
time during the pendency of the proceeding, may file a corrupt 11,982
activity lien notice with the county recorder of any county in 11,983
which property subject to forfeiture may be located. No fee 11,984
shall be required for filing the notice. The recorder 11,985
immediately shall record the notice pursuant to section 317.08 of 11,986
the Revised Code.
(B) A corrupt activity lien notice shall be signed by the 11,988
prosecuting attorney who files the lien. The notice shall set 11,989
forth all of the following information: 11,990
277
(1) The name of the person against whom the proceeding has 11,992
been brought. The prosecuting attorney may specify in the notice 11,993
any aliases, names, or fictitious names under which the person 11,994
may be known. The prosecuting attorney also may specify any 11,995
corporation, partnership, or other entity in which the person has 11,996
an interest subject to forfeiture under section 2923.32 of the 11,997
Revised Code and shall describe in the notice the person's 11,998
interest in the corporation, partnership, or other entity. 11,999
(2) If known to the prosecuting attorney, the present 12,001
residence and business addresses of the person or names set forth 12,002
in the notice; 12,003
(3) A statement that a criminal or delinquency proceeding 12,005
for a violation of section 2923.32 of the Revised Code or a civil 12,006
proceeding under section 2923.32 or 2923.34 of the Revised Code 12,007
has been brought against the person named in the notice, the name 12,008
of the county in which the proceeding has been brought, and the 12,009
case number of the proceeding; 12,010
(4) A statement that the notice is being filed pursuant to 12,012
this section; 12,013
(5) The name and address of the prosecuting attorney 12,015
filing the notice; 12,016
(6) A description of the real or personal property subject 12,018
to the notice and of the interest in that property of the person 12,019
named in the notice, to the extent the property and the interest 12,020
of the person in it reasonably is known at the time the 12,021
proceeding is instituted or at the time the notice is filed. 12,022
(C) A corrupt activity lien notice shall apply only to one 12,024
person and, to the extent applicable, any aliases, fictitious 12,025
names, or other names, including names of corporations, 12,026
partnerships, or other entities, to the extent permitted in this 12,027
section. A separate corrupt activity lien notice is required to 12,028
be filed for any other person. 12,029
(D) Within seven days after the filing of each corrupt 12,031
activity lien notice, the prosecuting attorney who files the 12,032
278
notice shall furnish to the person named in the notice by 12,033
certified mail, return receipt requested, to the last known 12,034
business or residential address of the person, a copy of the 12,035
recorded notice with a notation on it of any county in which the 12,036
notice has been recorded. The failure of the prosecuting 12,037
attorney to furnish a copy of the notice under this section shall 12,038
not invalidate or otherwise affect the corrupt activity lien 12,039
notice when the prosecuting attorney did not know and could not 12,040
reasonably ascertain the address of the person entitled to 12,041
notice. 12,042
After receipt of a copy of the notice under this division, 12,044
the person named in the notice may petition the court to 12,045
authorize the person to post a surety bond in lieu of the lien or 12,046
to otherwise modify the lien as the interests of justice may 12,047
require. The bond shall be in an amount equal to the value of 12,048
the property reasonably known to be subject to the notice and 12,049
conditioned on the payment of any judgment and costs ordered in 12,050
an action pursuant to section 2923.32 or 2923.34 of the Revised 12,051
Code up to the value of the bond. 12,052
(E) From the date of filing of a corrupt activity lien 12,054
notice, the notice creates a lien in favor of the state on any 12,055
personal or real property or any beneficial interest in the 12,056
property located in the county in which the notice is filed that 12,057
then or subsequently is owned by the person named in the notice 12,058
or under any of the names set forth in the notice. 12,059
The lien created in favor of the state is superior and 12,061
prior to the interest of any other person in the personal or real 12,062
property or beneficial interest in the property, if the interest 12,063
is acquired subsequent to the filing of the notice. 12,064
(F)(1) Notwithstanding any law or rule to the contrary, in 12,066
conjunction with any civil proceeding brought pursuant to section 12,067
2923.34 of the Revised Code, the prosecuting attorney may file in 12,068
any county, without prior court order, a lis pendens pursuant to 12,069
sections 2703.26 and 2703.27 of the Revised Code. In such a 12,070
279
case, any person acquiring an interest in the subject property or 12,071
beneficial interest in the property, if the property interest is 12,072
acquired subsequent to the filing of the lis pendens, shall take 12,073
the property or interest subject to the civil proceeding and any 12,074
subsequent judgment. 12,075
(2) If a corrupt activity lien notice has been filed, the 12,077
prosecuting attorney may name as a defendant in the lis pendens, 12,078
in addition to the person named in the notice, any person 12,079
acquiring an interest in the personal or real property or 12,080
beneficial interest in the property subsequent to the filing of 12,081
the notice. If a judgment of forfeiture is entered in the 12,082
criminal or delinquency proceeding pursuant to section 2923.32 of 12,083
the Revised Code in favor of the state, the interest of any 12,084
person in the property that was acquired subsequent to the filing 12,085
of the notice shall be subject to the notice and judgment of 12,086
forfeiture. 12,087
(G) Upon a final judgment of forfeiture in favor of the 12,089
state pursuant to section 2923.32 of the Revised Code, title of 12,090
the state to the forfeited property shall do either of the 12,091
following: 12,092
(1) In the case of real property, or a beneficial interest 12,094
in it, relate back to the date of filing of the corrupt activity 12,095
lien notice in the county where the property or interest is 12,096
located. If no corrupt activity lien notice was filed, title of 12,097
the state relates back to the date of the filing of any lis 12,098
pendens under division (F) of this section in the records of the 12,099
county recorder of the county in which the real property or 12,100
beneficial interest is located. If no corrupt activity lien 12,101
notice or lis pendens was filed, title of the state relates back 12,102
to the date of the recording of the final judgment of forfeiture 12,103
in the records of the county recorder of the county in which the 12,104
real property or beneficial interest is located. 12,105
(2) In the case of personal property or a beneficial 12,107
interest in it, relate back to the date on which the property or 12,108
280
interest was seized by the state, or the date of filing of a 12,109
corrupt activity lien notice in the county in which the property 12,110
or beneficial interest is located. If the property was not 12,111
seized and no corrupt activity lien notice was filed, title of 12,112
the state relates back to the date of the recording of the final 12,113
judgment of forfeiture in the county in which the personal 12,114
property or beneficial interest is located. 12,115
(H) If personal or real property, or a beneficial interest 12,117
in it, that is subject to forfeiture pursuant to section 2923.32 12,118
of the Revised Code is conveyed, alienated, disposed of, or 12,119
otherwise rendered unavailable for forfeiture after the filing of 12,120
either a corrupt activity lien notice, or a criminal or 12,121
delinquency proceeding for a violation of section 2923.32 or a 12,122
civil proceeding under section 2923.32 or 2923.34 of the Revised 12,123
Code, whichever is earlier, the state may bring an action in any 12,124
court of common pleas against the person named in the corrupt 12,125
activity lien notice or the defendant in the criminal, 12,126
delinquency, or civil proceeding to recover the value of the 12,127
property or interest. The court shall enter final judgment 12,128
against the person named in the notice or the defendant for an 12,129
amount equal to the value of the property or interest together 12,130
with investigative costs and attorney's fees incurred by the 12,131
state in the action. If a civil proceeding is pending, an action 12,132
pursuant to this section shall be filed in the court in which the 12,133
proceeding is pending. 12,134
(I) If personal or real property, or a beneficial interest 12,136
in it, that is subject to forfeiture pursuant to section 2923.32 12,137
of the Revised Code is alienated or otherwise transferred or 12,138
disposed of after either the filing of a corrupt activity lien 12,139
notice, or the filing of a criminal or delinquency proceeding for 12,140
a violation of section 2923.32 or a civil proceeding under 12,141
section 2923.32 or 2923.34 of the Revised Code, whichever is 12,142
earlier, the transfer or disposal is fraudulent as to the state 12,143
and the state shall have all the rights granted a creditor under 12,144
281
Chapter 1336. of the Revised Code. 12,145
(J) No trustee, who acquires actual knowledge that a 12,147
corrupt activity lien notice, a criminal or delinquency 12,148
proceeding for a violation of section 2923.32 or a civil 12,149
proceeding under section 2923.32 or 2923.34 of the Revised Code 12,150
has been filed against any person for whom he THE TRUSTEE holds 12,151
legal or record title to personal or real property, shall 12,152
recklessly fail to furnish promptly to the prosecuting attorney 12,153
all of the following: 12,154
(1) The name and address of the person, as known to the 12,156
trustee; 12,157
(2) The name and address, as known to the trustee, of all 12,159
other persons for whose benefit the trustee holds title to the 12,160
property; 12,161
(3) If requested by the prosecuting attorney, a copy of 12,163
the trust agreement or other instrument under which the trustee 12,164
holds title to the property. 12,165
Any trustee who fails to comply with this division is 12,167
guilty of failure to provide corrupt activity lien information, a 12,168
misdemeanor of the first degree. 12,169
(K) If a trustee transfers title to personal or real 12,171
property after a corrupt activity lien notice is filed against 12,172
the property, the lien is filed in the county in which the 12,173
property is located, and the lien names a person who holds a 12,174
beneficial interest in the property, the trustee, if he THE 12,175
TRUSTEE has actual notice of the notice, shall be liable to the 12,176
state for the greater of the following: 12,177
(1) The proceeds received directly by the person named in 12,179
the notice as a result of the transfer; 12,180
(2) The proceeds received by the trustee as a result of 12,182
the transfer and distributed to the person named in the notice; 12,183
(3) The fair market value of the interest of the person 12,185
named in the notice in the property transferred. 12,186
However, if the trustee transfers property for at least its 12,188
282
fair market value and holds the proceeds that otherwise would be 12,189
paid or distributed to the beneficiary, or at the direction of 12,190
the beneficiary or his THE BENEFICIARY'S designee, the liability 12,191
of the trustee shall not exceed the amount of the proceeds held 12,192
by the trustee. 12,193
(L) The filing of a corrupt activity lien notice does not 12,195
constitute a lien on the record title to personal or real 12,196
property owned by the trustee, except to the extent the trustee 12,197
is named in the notice. 12,198
The prosecuting attorney for the county may bring a civil 12,200
action in any court of common pleas to recover from the trustee 12,201
the amounts set forth in division (H) of this section. The 12,202
county may recover investigative costs and attorney's fees 12,203
incurred by the prosecuting attorney. 12,204
(M)(1) This section does not apply to any transfer by a 12,206
trustee under a court order, unless the order is entered in an 12,207
action between the trustee and the beneficiary. 12,208
(2) Unless the trustee has actual knowledge that a person 12,210
owning a beneficial interest in the trust is named in a corrupt 12,211
activity lien notice or otherwise is a defendant in a civil 12,212
proceeding brought pursuant to section 2923.34 of the Revised 12,213
Code, this section does not apply to either of the following: 12,214
(a) Any transfer by a trustee required under the terms of 12,216
any trust agreement, if the agreement is a matter of public 12,217
record before the filing of any corrupt activity lien notice; 12,218
(b) Any transfer by a trustee to all of the persons who 12,220
own a beneficial interest in the trust. 12,221
(N) The filing of a corrupt activity lien notice does not 12,223
affect the use to which personal or real property, or a 12,224
beneficial interest in it, that is owned by the person named in 12,225
the notice may be put or the right of the person to receive any 12,226
proceeds resulting from the use and ownership, but not the sale, 12,227
of the property, until a judgment of forfeiture is entered. 12,228
(O) The term of a corrupt activity lien notice is five 12,230
283
years from the date the notice is filed, unless a renewal notice 12,231
has been filed by the prosecuting attorney of the county in which 12,232
the property or interest is located. The term of any renewal of 12,233
a corrupt activity lien notice granted by the court is five years 12,234
from the date of its filing. A corrupt activity lien notice may 12,235
be renewed any number of times while a criminal or civil 12,236
proceeding under section 2923.32 or 2923.34 of the Revised Code, 12,237
or an appeal from either type of proceeding, is pending. 12,238
(P) The prosecuting attorney who files the corrupt 12,240
activity lien notice may terminate, in whole or part, any corrupt 12,241
activity lien notice or release any personal or real property or 12,242
beneficial interest in the property upon any terms that he THE 12,243
PROSECUTING ATTORNEY determines are appropriate. Any termination 12,244
or release shall be filed by the prosecuting attorney with each 12,246
county recorder with whom the notice was filed. No fee shall be 12,247
imposed for the filing. 12,248
(Q)(1) If no civil proceeding has been brought by the 12,250
prosecuting attorney pursuant to section 2923.34 of the Revised 12,251
Code against the person named in the corrupt activity lien 12,252
notice, the acquittal in a criminal or delinquency proceeding for 12,253
a violation of section 2923.32 of the Revised Code of the person 12,254
named in the notice or the dismissal of a criminal or delinquency 12,255
proceeding for such a violation against the person named in the 12,256
notice terminates the notice. In such a case, the filing of the 12,257
notice has no effect. 12,258
(2) If a civil proceeding has been brought pursuant to 12,260
section 2923.34 of the Revised Code with respect to any property 12,261
that is the subject of a corrupt activity lien notice and if the 12,262
criminal or delinquency proceeding brought against the person 12,263
named in the notice for a violation of section 2923.32 of the 12,264
Revised Code has been dismissed or the person named in the notice 12,265
has been acquitted in the criminal or delinquency proceeding for 12,266
such a violation, the notice shall continue for the duration of 12,267
the civil proceeding and any appeals from the civil proceeding, 12,268
284
except that it shall not continue any longer than the term of the 12,269
notice as determined pursuant to division (O) of this section. 12,270
(3) If no civil proceeding brought pursuant to section 12,272
2923.34 of the Revised Code then is pending against the person 12,273
named in a corrupt activity lien notice, any person so named may 12,274
bring an action against the prosecuting attorney who filed the 12,275
notice, in the county where it was filed, seeking a release of 12,276
the property subject to the notice or termination of the notice. 12,277
In such a case, the court of common pleas promptly shall set a 12,278
date for hearing, which shall be not less than five nor more than 12,279
ten days after the action is filed. The order and a copy of the 12,280
complaint shall be served on the prosecuting attorney within 12,281
three days after the action is filed. At the hearing, the court 12,282
shall take evidence as to whether any personal or real property, 12,283
or beneficial interest in it, that is owned by the person 12,284
bringing the action is covered by the notice or otherwise is 12,285
subject to forfeiture. If the person bringing the action shows 12,286
by a preponderance of the evidence that the notice does not apply 12,287
to him THE PERSON or that any personal or real property, or 12,288
beneficial interest in it, that is owned by him THE PERSON is not 12,290
subject to forfeiture, the court shall enter a judgment
terminating the notice or releasing the personal or real property 12,291
or beneficial interest from the notice. 12,292
At a hearing, the court may release from the notice any 12,294
property or beneficial interest upon the posting of security, by 12,295
the person against whom the notice was filed, in an amount equal 12,296
to the value of the property or beneficial interest owned by the 12,297
person. 12,298
(4) The court promptly shall enter an order terminating a 12,300
corrupt activity lien notice or releasing any personal or real 12,301
property or beneficial interest in the property, if a sale of the 12,302
property or beneficial interest is pending and the filing of the 12,303
notice prevents the sale. However, the proceeds of the sale 12,304
shall be deposited with the clerk of the court, subject to the 12,305
285
further order of the court. 12,306
(R) Notwithstanding any provision of this section, any 12,308
person who has perfected a security interest in personal or real 12,309
property or a beneficial interest in the property for the payment 12,310
of an enforceable debt or other similar obligation prior to the 12,311
filing of a corrupt activity lien notice or a lis pendens in 12,312
reference to the property or interest may foreclose on the 12,313
property or interest as otherwise provided by law. The 12,314
foreclosure, insofar as practical, shall be made so that it 12,315
otherwise will not interfere with a forfeiture under section 12,316
2923.32 of the Revised Code. 12,317
Sec. 2923.44. (A)(1) In accordance with division (B) of 12,326
this section, a person who is convicted of or pleads guilty to a 12,327
violation of section 2923.42 of the Revised Code, and a juvenile 12,329
who is found by a juvenile court to be a delinquent child for an 12,330
act committed in violation of section 2923.42 of the Revised 12,331
Code, loses any right to the possession of property and forfeits 12,332
to the state any right, title, and interest the person may have 12,333
in that property if either of the following applies: 12,334
(a) The property constitutes, or is derived directly or 12,336
indirectly from, any proceeds that the person obtained directly 12,337
or indirectly from the commission of the violation of section 12,339
2923.42 of the Revised Code.
(b) The property was used or intended to be used in any 12,341
manner to commit, or to facilitate the commission of, the 12,342
violation of section 2923.42 of the Revised Code. 12,343
(2) All right, title, and interest of a person in property 12,345
described in division (A)(1) of this section vests in the state 12,346
upon the person's commission of the violation of section 2923.42 12,348
of the Revised Code of which the person is convicted or to which 12,349
the person pleads guilty and that is the basis of the forfeiture, 12,350
or upon the juvenile's commission of the act that is a violation 12,352
of section 2923.42 of the Revised Code, that is the basis of the 12,353
juvenile being found to be a delinquent child, and that is the 12,354
286
basis of the forfeiture. Subject to divisions (F)(3)(b) and 12,356
(5)(b) and (G)(2) of this section, if any right, title, or 12,358
interest in property is vested in this state under division 12,359
(A)(2) of this section and subsequently is transferred to a 12,360
person other than the adult offender or the delinquent child who 12,361
forfeits the right, title, or interest in the property under 12,362
division (A)(1) of this section, then, in accordance with 12,364
division (B) of this section, the right, title, or interest in 12,365
the property may be the subject of a special verdict of 12,366
forfeiture and, after any special verdict of forfeiture, shall be 12,367
ordered forfeited to this state, unless the transferee 12,368
establishes in a hearing held pursuant to division (F) of this 12,369
section that the transferee is a bona fide purchaser for value of 12,370
the right, title, or interest in the property and that, at the
time of its purchase, the transferee was reasonably without cause 12,371
to believe that it was subject to forfeiture under this section. 12,372
(3) The provisions of section 2923.45 of the Revised Code 12,374
that relate to the forfeiture of any right, title, or interest in 12,375
property associated with a violation of section 2923.42 of the 12,376
Revised Code pursuant to a civil action to obtain a civil 12,377
forfeiture do not apply to the forfeiture of any right, title, or 12,378
interest in property described in division (A)(1) of this section 12,379
that occurs pursuant to division (B) of this section upon a 12,380
person's conviction of or guilty plea to a violation of section 12,381
2923.42 of the Revised Code or upon a juvenile being found by a 12,383
juvenile court to be a delinquent child for an act that is a 12,384
violation of section 2923.42 of the Revised Code.
(4) Nothing in this section precludes a financial 12,386
institution that has or purports to have a security interest in 12,387
or lien on property described in division (A)(1) of this section 12,388
from commencing a civil action or taking other appropriate legal 12,389
action in connection with the property prior to its disposition 12,390
in accordance with section 2923.46 of the Revised Code for the 12,391
purpose of obtaining possession of the property in order to 12,392
287
foreclose or otherwise enforce the security interest or lien. A 12,393
financial institution may commence a civil action or take other 12,394
appropriate legal action for that purpose prior to the 12,395
disposition of the property in accordance with section 2923.46 of 12,397
the Revised Code, even if a prosecution for a violation of 12,398
section 2923.42 of the Revised Code or a delinquent child 12,399
proceeding for an act that is a violation of section 2923.42 of 12,400
the Revised Code has been or could be commenced, even if the 12,401
property is or could be the subject of an order of forfeiture 12,402
issued under division (B)(5) of this section, and even if the 12,403
property has been seized or is subject to seizure pursuant to 12,404
division (D) or (E) of this section.
If a financial institution commences a civil action or 12,406
takes any other appropriate legal action as described in division 12,408
(A)(4) of this section, if the financial institution subsequently 12,409
causes the sale of the property prior to its seizure pursuant to 12,410
division (D) or (E) of this section and its disposition pursuant 12,411
to section 2923.46 of the Revised Code, and if the person 12,412
responsible for the conduct of the sale has actual knowledge of 12,413
the commencement of a prosecution for a violation of section 12,415
2923.42 of the Revised Code or of a delinquent child proceeding 12,416
for an act that is a violation of section 2923.42 of the Revised 12,417
Code, actual knowledge of a pending forfeiture proceeding under 12,418
division (B) of this section, or actual knowledge of an order of 12,419
forfeiture issued under division (B)(5) of this section, then the 12,420
person responsible for the conduct of the sale shall dispose of 12,421
the proceeds of the sale in the following order: 12,422
(a) First, to the payment of the costs of the sale and to 12,424
the payment of the costs incurred by law enforcement agencies and 12,425
financial institutions in connection with the seizure of, storage 12,426
of, maintenance of, and provision of security for the property. 12,427
As used in this division, "costs" of a financial institution do 12,428
not include attorney's fees incurred by that institution in 12,429
connection with the property. 12,430
288
(b) Second, the remaining proceeds of the sale after 12,432
compliance with division (A)(4)(a) of this section, to the 12,434
payment in the order of priority of the security interests and 12,435
liens of valid security interests and liens pertaining to the 12,436
property that, at the time of the vesting in the state under 12,437
division (A)(2) of this section of the right, title, or interest 12,438
of the adult or juvenile, are held by known secured parties and 12,439
lienholders; 12,440
(c) Third, the remaining proceeds of the sale after 12,442
compliance with division (A)(4)(b) of this section, to the court 12,444
that has or would have jurisdiction in a prosecution for a 12,445
violation of section 2923.42 of the Revised Code or a delinquent 12,446
child proceeding for an act that is a violation of section 12,448
2923.42 of the Revised Code for disposition in accordance with 12,450
section 2923.46 of the Revised Code.
(B)(1) A criminal forfeiture of any right, title, or 12,452
interest in property described in division (A)(1) of this section 12,453
is precluded unless one of the following applies: 12,454
(a) The indictment, count in the indictment, or 12,456
information charging the violation of section 2923.42 of the 12,457
Revised Code specifies the nature of the right, title, or 12,459
interest of the alleged offender in the property described in 12,460
division (A)(1) of this section that is potentially subject to 12,461
forfeiture under this section, or a description of the property 12,462
of the alleged offender that is potentially subject to forfeiture 12,463
under this section, to the extent the right, title, or interest 12,464
in the property or the property reasonably is known at the time 12,465
of the filing of the indictment or information; or the complaint, 12,466
INDICTMENT, OR INFORMATION charging a juvenile with being a 12,467
delinquent child for the commission of an act that is a violation 12,469
of section 2923.42 of the Revised Code specifies the nature of 12,470
the right, title, or interest of the juvenile in the property 12,472
described in division (A)(1) of this section that is potentially 12,473
subject to forfeiture under this section, or a description of the 12,474
289
property of the juvenile that is potentially subject to 12,475
forfeiture under this section, to the extent the right, title, or 12,476
interest in the property or the property reasonably is known at 12,477
the time of the filing of the complaint, INDICTMENT, OR 12,478
INFORMATION.
(b) The property in question was not reasonably foreseen 12,480
to be subject to forfeiture under this section at the time of the 12,481
filing of the indictment, information, or complaint, the 12,482
prosecuting attorney gave prompt notice to the alleged offender 12,483
or juvenile of that property when it was discovered to be subject 12,484
to forfeiture under this section, and a verdict of forfeiture 12,485
described in division (B)(3) of this section requires the 12,486
forfeiture of that property. 12,487
(2) The specifications described in division (B)(1) of 12,489
this section shall be stated at the end of the body of the 12,490
indictment, count in the indictment, information, or complaint. 12,491
(3)(a) If a person is convicted of or pleads guilty to a 12,493
violation of section 2923.42 of the Revised Code or a juvenile is 12,494
found to be a delinquent child for an act that is a violation of 12,497
section 2923.42 of the Revised Code, then a special proceeding 12,498
shall be conducted in accordance with division (B)(3) of this 12,499
section to determine whether any property described in division 12,501
(B)(1)(a) or (b) of this section will be the subject of an order 12,503
of forfeiture under this section. Except as otherwise provided 12,504
in division (B)(3)(b) of this section, the jury in the criminal 12,506
action, the judge in the delinquent child action, or, if the 12,508
criminal action was a nonjury action, the judge in that action 12,509
shall hear and consider testimony and other evidence in the 12,510
proceeding relative to whether any property described in division 12,511
(B)(1)(a) or (b) of this section is subject to forfeiture under 12,513
this section. If the jury or judge determines that the 12,514
prosecuting attorney has established by a preponderance of the 12,515
evidence that any property so described is subject to forfeiture 12,516
under this section, the judge or juvenile judge shall render a 12,517
290
verdict of forfeiture that specifically describes the right, 12,518
title, or interest in property or the property that is subject to 12,519
forfeiture under this section. The Rules of Evidence shall apply 12,521
in the proceeding. 12,522
(b) If the trier of fact in a criminal action for a 12,525
violation of section 2923.42 of the Revised Code was a jury, 12,526
then, upon the filing of a motion by the person who was convicted 12,527
of or pleaded guilty to the violation of section 2923.42 of the 12,528
Revised Code, the determinations in the proceeding described in 12,530
division (B)(3) of this section instead shall be made by the 12,531
judge in the criminal action.
(4) In a criminal action for a violation of section 12,534
2923.42 of the Revised Code, if the trier of fact is a jury, the 12,535
jury shall not be informed of any specification described in 12,536
division (B)(1)(a) of this section or of any property described 12,537
in that division or division (B)(1)(b) of this section prior to 12,539
the alleged offender being convicted of or pleading guilty to the
violation of section 2923.42 of the Revised Code. 12,541
(5)(a) If a verdict of forfeiture is entered pursuant to 12,543
division (B)(3) of this section, then the court that imposes 12,544
sentence upon a person who is convicted of or pleads guilty to a 12,545
violation of section 2923.42 of the Revised Code, or the juvenile 12,546
court that finds a juvenile to be a delinquent child for an act 12,547
that is a violation of section 2923.42 of the Revised Code, in 12,548
addition to any other sentence imposed upon the offender or order 12,549
of disposition imposed upon the delinquent child, shall order 12,550
that the offender or delinquent child forfeit to the state all of 12,551
the offender's or delinquent child's right, title, and interest 12,552
in the property described in division (A)(1) of this section. If 12,553
a person is convicted of or pleads guilty to a violation of 12,554
section 2923.42 of the Revised Code, or a juvenile is found by a 12,555
juvenile court to be a delinquent child for an act that is a 12,556
violation of section 2923.42 of the Revised Code, and derives 12,558
profits or other proceeds from the offense or act, the court that 12,559
291
imposes sentence or an order of disposition upon the offender or 12,560
delinquent child, in lieu of any fine that the court is otherwise 12,562
authorized or required to impose, may impose upon the offender or 12,563
delinquent child a fine of not more than twice the gross profits 12,564
or other proceeds so derived. 12,565
(b) Notwithstanding any contrary provision of the Revised 12,568
Code, the clerk of the court shall pay all fines imposed pursuant 12,570
to division (B)(5) of this section to the county, municipal 12,571
corporation, township, park district created pursuant to section 12,572
511.18 or 1545.01 of the Revised Code, or state law enforcement 12,574
agencies in this state that were primarily responsible for or 12,575
involved in making the arrest of, and in prosecuting, the 12,576
offender. However, the clerk shall not pay a fine so imposed to 12,577
a law enforcement agency unless the agency has adopted a written 12,578
internal control policy pursuant to division (C)(2) of section 12,579
2923.42 of the Revised Code that addresses the use of the fine 12,580
moneys that it receives under division (B)(5) of this section and 12,581
division (C)(1) of section 2923.42 of the Revised Code. The law 12,584
enforcement agencies shall use the fines imposed and paid 12,586
pursuant to division (B)(5) of this section to subsidize their
efforts pertaining to criminal gangs, in accordance with the 12,587
written internal control policy adopted by the recipient agency 12,588
pursuant to division (C)(2) of section 2923.42 of the Revised 12,589
Code.
(6) If any of the property that is described in division 12,591
(A)(1) of this section and that is the subject of an order of 12,592
forfeiture issued under division (B)(5) of this section, because 12,593
of an act of the person who is convicted of or pleads guilty to 12,595
the violation of section 2923.42 of the Revised Code that is the 12,596
basis of the order of forfeiture or an act of the juvenile found 12,597
by a juvenile court to be a delinquent child for an act that is a 12,599
violation of section 2923.42 of the Revised Code and that is the 12,600
basis of the forfeiture, cannot be located upon the exercise of 12,601
due diligence, has been transferred to, sold to, or deposited 12,602
292
with a third party, has been placed beyond the jurisdiction of 12,603
the court, has been substantially diminished in value, or has 12,604
been commingled with other property that cannot be divided 12,605
without difficulty, the court that issues the order of forfeiture 12,606
shall order the forfeiture of any other property of the offender 12,607
or the delinquent child up to the value of any forfeited property
described in division (B)(6) of this section. 12,609
(C) There shall be a rebuttable presumption that any 12,611
right, title, or interest of a person in property described in 12,612
division (A)(1) of this section is subject to forfeiture under 12,613
division (B) of this section, if the state proves both of the 12,614
following by a preponderance of the evidence: 12,615
(1) The right, title, or interest in the property was 12,617
acquired by the offender or delinquent child during the period of 12,618
the commission of the violation of section 2923.42 of the Revised 12,619
Code, or within a reasonable time after that period. 12,621
(2) There is no likely source for the right, title, or 12,623
interest in the property other than proceeds obtained from the 12,624
commission of the violation of section 2923.42 of the Revised 12,625
Code.
(D)(1) Upon the application of the prosecuting attorney 12,627
who is prosecuting or has jurisdiction to prosecute the violation 12,629
of section 2923.42 of the Revised Code, the court of common pleas 12,630
or juvenile court of the county in which property subject to 12,631
forfeiture under division (B) of this section is located, 12,632
whichever is applicable, may issue a restraining order or 12,633
injunction, an order requiring the execution of a satisfactory 12,634
performance bond, or an order taking any other reasonable action 12,635
necessary to preserve the availability of the property, at either 12,636
of the following times:
(a) Upon the filing of an indictment, complaint, or 12,638
information charging a person who has any right, title, or 12,639
interest in the property with the commission of a violation of 12,640
section 2923.42 of the Revised Code and alleging that the 12,641
293
property with respect to which the order is sought will be 12,642
subject to forfeiture under division (B) of this section if the 12,643
person is convicted of or pleads guilty to the offense, or upon 12,644
the filing of a complaint, INDICTMENT, OR INFORMATION alleging 12,645
that a juvenile who has any right, title, or interest in the 12,646
property is a delinquent child because of the commission of an 12,648
act that is a violation of section 2923.42 of the Revised Code 12,649
and alleging that the property with respect to which the order is 12,651
sought will be subject to forfeiture under division (B) of this 12,652
section if the juvenile is found to be a delinquent child because 12,653
of the commission of that act;
(b) Except as provided in division (D)(3) of this section, 12,656
prior to the filing of an indictment, complaint, or information
charging a person who has any right, title, or interest in the 12,657
property with the commission of a violation of section 2923.42 of 12,659
the Revised Code, or prior to the filing of a complaint, 12,660
INDICTMENT OR INFORMATION alleging that a juvenile who has any 12,663
right, title, or interest in the property is a delinquent child 12,664
because of the commission of an act that is a violation of
section 2923.42 of the Revised Code, if, after notice is given to 12,666
all persons known to have any right, title, or interest in the 12,667
property and an opportunity to have a hearing on the order is 12,668
given to those persons, the court determines both of the 12,669
following:
(i) There is a substantial probability that the state will 12,671
prevail on the issue of forfeiture and that failure to enter the 12,672
order will result in the property subject to forfeiture being 12,673
destroyed, removed from the jurisdiction of the court, or 12,674
otherwise being made unavailable for forfeiture. 12,675
(ii) The need to preserve the availability of the property 12,677
subject to forfeiture through the entry of the requested order 12,678
outweighs the hardship on any party against whom the order is to 12,679
be entered. 12,680
(2) Except as provided in division (D)(3) of this section, 12,682
294
an order issued under division (D)(1) of this section is 12,683
effective for not more than ninety days, unless extended by the 12,684
court for good cause shown or unless an indictment, complaint, or 12,685
information charging the commission of a violation of section 12,687
2923.42 of the Revised Code or a complaint, INDICTMENT, OR 12,688
INFORMATION alleging that a juvenile is a delinquent child 12,689
because of the commission of an act that is a violation of 12,690
section 2923.42 of the Revised Code, is filed against any alleged 12,691
adult offender or alleged delinquent child with any right, title, 12,692
or interest in the property that is the subject of the order. 12,693
(3) A court may issue an order under division (D)(1)(b) of 12,696
this section without giving notice or an opportunity for a 12,697
hearing to persons known to have any right, title, or interest in 12,698
property if the prosecuting attorney who is prosecuting or has 12,699
jurisdiction to prosecute the violation of section 2923.42 of the 12,700
Revised Code demonstrates that there is probable cause to believe 12,701
that the property will be subject to forfeiture under division 12,702
(B) of this section if a person with any right, title, or 12,703
interest in the property is convicted of or pleads guilty to a 12,704
violation of section 2923.42 of the Revised Code or a juvenile 12,705
with any right, title, or interest in the property is found by a 12,706
juvenile court to be a delinquent child for an act that is a 12,707
violation of section 2923.42 of the Revised Code and that giving
notice or an opportunity for a hearing to persons with any right, 12,709
title, or interest in the property will jeopardize its 12,710
availability for forfeiture. The order shall be a temporary 12,711
order and shall expire not more than ten days after the date on 12,712
which it is entered, unless it is extended for good cause shown 12,713
or unless a person with any right, title, or interest in the 12,714
property that is the subject of the order consents to an 12,715
extension for a longer period. A hearing concerning an order 12,716
issued under division (D)(3) of this section may be requested, 12,717
and, if it is requested, the court shall hold the hearing at the 12,718
earliest possible time prior to the expiration of the order. 12,719
295
(4) At any hearing held under division (D) of this 12,721
section, the court may receive and consider evidence and 12,722
information that is inadmissible under the Rules of Evidence. 12,724
Each hearing held under division (D) of this section shall be 12,726
recorded by shorthand, by stenotype, or by any other mechanical, 12,727
electronic, or video recording device. If, as a result of a 12,728
hearing under division (D) of this section, property would be 12,729
seized, the recording of and any transcript of the recording of 12,730
that hearing shall not be a public record for purposes of section 12,731
149.43 of the Revised Code until that property has been seized 12,732
pursuant to division (D) of this section. Division (D)(4) of 12,733
this section does not require, authorize, or permit the making 12,735
available for inspection, or the copying, under section 149.43 of 12,736
the Revised Code of any confidential law enforcement 12,737
investigatory record or trial preparation record, as defined in 12,738
that section.
(5) A prosecuting attorney or other law enforcement 12,740
officer may request the court of common pleas of the county in 12,741
which property subject to forfeiture under this section is 12,742
located to issue a warrant authorizing the seizure of that 12,743
property. The request shall be made in the same manner as 12,744
provided for a search warrant. If the court determines that 12,745
there is probable cause to believe that the property to be seized 12,746
will be subject to forfeiture under this section when a person 12,747
with any right, title, or interest in the property is convicted 12,748
of or pleads guilty to a violation of section 2923.42 of the 12,750
Revised Code or when a juvenile with any right, title, or 12,751
interest in the property is found by a juvenile court to be a 12,752
delinquent child for an act that is a violation of section 12,753
2923.42 of the Revised Code and if the court determines that any 12,755
order issued under division (D)(1), (2), or (3) of this section 12,756
may not be sufficient to ensure the availability of the property 12,757
for forfeiture, the court shall issue a warrant authorizing the 12,758
seizure of the property. 12,759
296
(E)(1) Upon the entry of an order of forfeiture under this 12,761
section, the court shall order an appropriate law enforcement 12,762
officer to seize all of the forfeited property upon the terms and 12,763
conditions that the court determines are proper. In addition, 12,764
upon the request of the prosecuting attorney who prosecuted the 12,765
offense or act in violation of section 2923.42 of the Revised 12,767
Code, the court shall enter any appropriate restraining orders or 12,768
injunctions, require the execution of satisfactory performance 12,769
bonds, appoint receivers, conservators, appraisers, accountants, 12,770
or trustees, or take any other action to protect the interest of 12,771
the state in the forfeited property. Any income accruing to or 12,772
derived from property ordered forfeited under this section may be 12,773
used to offset ordinary and necessary expenses related to the 12,774
property that are required by law or that are necessary to 12,775
protect the interest of the state or third parties. 12,776
After forfeited property is seized, the prosecuting 12,778
attorney who prosecuted the offense or act in violation of 12,779
section 2923.42 of the Revised Code shall direct its disposition 12,780
in accordance with section 2923.46 of the Revised Code, making 12,782
due provision for the rights of any innocent persons. Any right, 12,783
title, or interest in property not exercisable by, or 12,784
transferable for value to, the state shall expire and shall not 12,785
revert to the offender whose conviction or plea of guilty or act 12,786
as a delinquent child is the basis of the order of forfeiture. 12,787
Neither the adult offender or delinquent child nor any person 12,788
acting in concert with or on behalf of the adult offender or 12,789
delinquent child is eligible to purchase forfeited property at 12,790
any sale held pursuant to section 2923.46 of the Revised Code. 12,791
Upon the application of any person other than the adult 12,793
offender or delinquent child whose right, title, or interest in 12,794
the property is the subject of the order of forfeiture or any 12,795
person acting in concert with or on behalf of the adult offender 12,796
or delinquent child, the court may restrain or stay the sale or 12,798
other disposition of the property pursuant to section 2923.46 of 12,799
297
the Revised Code pending the conclusion of any appeal of the 12,800
conviction or of the delinquent child adjudication that is the 12,801
basis of the order of forfeiture, if the applicant demonstrates 12,802
that proceeding with the sale or other disposition of the 12,803
property will result in irreparable injury or loss to the 12,804
applicant.
(2) With respect to property that is the subject of an 12,806
order of forfeiture issued under this section, the court that 12,807
issued the order, upon the petition of the prosecuting attorney 12,808
who prosecuted the offense or act in violation of section 2923.42 12,810
of the Revised Code, may do any of the following: 12,812
(a) Grant petitions for mitigation or remission of 12,814
forfeiture, restore forfeited property to victims of a violation 12,815
of section 2923.42 of the Revised Code, or take any other action 12,816
to protect the rights of innocent persons that is in the interest 12,817
of justice and that is not inconsistent with this section; 12,818
(b) Compromise claims that arise under this section; 12,820
(c) Award compensation to persons who provide information 12,822
resulting in a forfeiture under this section; 12,823
(d) Direct the disposition by the prosecuting attorney who 12,825
prosecuted the offense or act in violation of section 2923.42 of 12,827
the Revised Code, in accordance with section 2923.46 of the 12,828
Revised Code, of all property ordered forfeited under this 12,829
section, making due provision for the rights of innocent persons; 12,831
(e) Pending the disposition of any property that is the 12,833
subject of an order of forfeiture under this section, take any 12,834
appropriate measures that are necessary to safeguard and maintain 12,835
the property. 12,836
(3) To facilitate the identification and location of 12,838
property that is the subject of an order of forfeiture under this 12,839
section and to facilitate the disposition of petitions for 12,840
remission or mitigation issued under division (E)(2) of this 12,841
section, after the issuance of an order of forfeiture under this 12,842
section and upon application by the prosecuting attorney who 12,843
298
prosecuted the offense or act in violation of section 2923.42 of 12,845
the Revised Code, the court may order that the testimony of any 12,847
witness relating to the forfeited property be taken by 12,848
deposition, and that any designated book, paper, document, 12,849
record, recording, or other material that is not privileged be 12,850
produced at the same time and place as the testimony, in the same 12,851
manner as provided for the taking of depositions under the Rules 12,852
of Civil Procedure.
(F)(1) Except as provided in divisions (F)(2) to (5) of 12,854
this section, no person claiming any right, title, or interest in 12,855
property subject to forfeiture under this section or section 12,856
2923.45 of the Revised Code may intervene in a criminal trial or 12,858
appeal, or a delinquent child proceeding or appeal, involving the 12,859
forfeiture of the property under this section or in a civil 12,860
action for a civil forfeiture under section 2923.45 of the 12,861
Revised Code or may commence an action at law or equity against 12,863
the state concerning the validity of the person's alleged right,
title, or interest in the property subsequent to the filing of an 12,864
indictment, complaint, or information alleging that the property 12,865
is subject to forfeiture under this section or subsequent to the 12,866
filing of a complaint, INDICTMENT, OR INFORMATION alleging that a 12,868
juvenile who has any right, title, or interest in the property is 12,869
a delinquent child because of the commission of an act that is a 12,870
violation of section 2923.42 of the Revised Code and alleging 12,872
that the property is subject to forfeiture under this section. 12,873
(2) After the entry of an order of forfeiture under this 12,875
section, the prosecuting attorney who prosecuted the offense or 12,876
act in violation of section 2923.42 of the Revised Code shall 12,877
conduct or cause to be conducted a search of the appropriate 12,879
public records that relate to the property and shall make or 12,880
cause to be made reasonably diligent inquiries for the purpose of 12,881
identifying persons who have any right, title, or interest in the 12,882
property. The prosecuting attorney then shall cause a notice of 12,883
the order of forfeiture, of the prosecuting attorney's intent to 12,884
299
dispose of the property in accordance with section 2923.46 of the 12,885
Revised Code, and of the manner of the proposed disposal to be 12,887
given by certified mail, return receipt requested, or by personal 12,888
service to each person who is known, because of the conduct of 12,889
the search, the making of the inquiries, or otherwise, to have 12,890
any right, title, or interest in the property. Additionally, the 12,891
prosecuting attorney shall cause a similar notice to be published 12,892
once a week for two consecutive weeks in a newspaper of general 12,893
circulation in the county in which the property was seized. 12,894
(3)(a) Any person, other than the adult offender whose 12,896
conviction or guilty plea or the delinquent child whose 12,897
adjudication is the basis of the order of forfeiture, who asserts 12,898
a legal right, title, or interest in the property that is the 12,899
subject of the order may petition the court that issued the 12,900
order, within thirty days after the earlier of the final 12,901
publication of notice or the person's receipt of notice under 12,902
division (F)(2) of this section, for a hearing to adjudicate the 12,903
validity of the person's alleged right, title, or interest in the 12,905
property. The petition shall be signed by the petitioner under 12,906
the penalties for falsification as specified in section 2921.13 12,907
of the Revised Code and shall set forth the nature and extent of 12,908
the petitioner's right, title, or interest in the property, the 12,909
time and circumstances of the petitioner's acquisition of that 12,910
right, title, or interest, any additional facts supporting the 12,911
petitioner's claim, and the relief sought. 12,912
(b) In lieu of filing a petition as described in division 12,914
(F)(3)(a) of this section, a secured party or other lienholder of 12,916
record that asserts a legal right, title, or interest in the 12,917
property that is the subject of the order, including, but not 12,918
limited to, a mortgage, security interest, or other type of lien, 12,919
may file an affidavit as described in division (F)(3)(b) of this 12,921
section to establish the validity of the alleged right, title, or 12,922
interest in the property. The secured party or lienholder shall 12,923
file the affidavit within thirty days after the earlier of the 12,925
300
final publication of notice or the receipt of notice under 12,926
division (F)(2) of this section and, except as otherwise provided 12,927
in this section, the affidavit shall constitute prima-facie
evidence of the validity of the secured party's or other 12,928
lienholder's alleged right, title, or interest in the property. 12,929
Unless the prosecuting attorney files a motion challenging the 12,930
affidavit within ten days after its filing and unless the 12,931
prosecuting attorney establishes by a preponderance of the 12,932
evidence at a subsequent hearing before the court that issued the 12,934
forfeiture order, that the secured party or other lienholder does 12,935
not possess the alleged right, title, or interest in the property 12,936
or that the secured party or other lienholder had actual
knowledge of facts pertaining to the violation that was the basis 12,937
of the forfeiture order, the affidavit shall constitute 12,939
conclusive evidence of the validity of the secured party's or 12,940
other lienholder's right, title, or interest in the property and 12,941
shall have the legal effect described in division (G)(2) of this 12,942
section. To the extent practicable and consistent with the 12,943
interests of justice, the court shall hold any hearing held 12,944
pursuant to division (F)(3)(b) of this section within thirty days 12,945
after the prosecuting attorney files the motion. At any such 12,946
hearing, the prosecuting attorney and the secured party or other 12,947
lienholder may present evidence and witnesses and may 12,948
cross-examine witnesses.
In order to be valid for the purposes of this division and 12,950
division (G)(2) of this section, the affidavit of a secured party 12,951
or other lienholder shall contain averments that the secured 12,952
party or other lienholder acquired its alleged right, title, or 12,953
interest in the property in the regular course of its business, 12,954
for a specified valuable consideration, without actual knowledge 12,955
of any facts pertaining to the violation that was the basis of 12,956
the forfeiture order, in good faith and without the intent to 12,958
prevent or otherwise impede the state from seizing or obtaining a 12,959
forfeiture of the property under sections 2923.44 to 2923.47 of 12,960
301
the Revised Code, and prior to the seizure or forfeiture of the 12,961
property under those sections.
(4) Upon receipt of a petition filed under division (F)(3) 12,963
of this section, the court shall hold a hearing to determine the 12,964
validity of the petitioner's right, title, or interest in the 12,965
property that is the subject of the order of forfeiture. To the 12,966
extent practicable and consistent with the interests of justice, 12,967
the court shall hold the hearing within thirty days after the 12,968
filing of the petition. The court may consolidate the hearing on 12,969
the petition with a hearing on any other petition filed by a 12,970
person other than the offender whose conviction or guilty plea or 12,971
adjudication as a delinquent child is the basis of the order of 12,972
forfeiture. At the hearing, the petitioner may testify, present 12,973
evidence and witnesses on the petitioner's behalf, and 12,974
cross-examine witnesses for the state. The state may present 12,975
evidence and witnesses in rebuttal and in defense of its claim to 12,976
the property and cross-examine witnesses for the petitioner. In 12,977
addition to evidence and testimony presented at the hearing, the 12,978
court shall consider the relevant portions of the record in the 12,979
case that resulted in the order of forfeiture. 12,981
(5)(a) The court shall amend its order of forfeiture in 12,983
accordance with its determination if it determines at the hearing 12,985
that the petitioner has established either of the following by a 12,986
preponderance of the evidence:
(i) The petitioner has a legal right, title, or interest 12,988
in the property that renders the order of forfeiture completely 12,989
or partially invalid because it was vested in the petitioner, 12,990
rather than the adult offender whose conviction or guilty plea or 12,991
the delinquent child whose adjudication is the basis of the 12,992
order, or was superior to any right, title, or interest of that 12,993
adult offender or delinquent child, at the time of the commission 12,994
of the violation that is the basis of the order. 12,995
(ii) The petitioner is a bona fide purchaser for value of 12,997
the right, title, or interest in the property and was at the time 12,998
302
of the purchase reasonably without cause to believe that it was 12,999
subject to forfeiture under this section. 13,000
(b) The court also shall amend its order of forfeiture to 13,002
reflect any right, title, or interest of a secured party or other 13,003
lienholder of record in the property subject to the order that 13,004
was established pursuant to division (F)(3)(b) of this section by 13,006
means of an affidavit, or that was established pursuant to that 13,007
division by the failure of a prosecuting attorney to establish, 13,008
in a hearing as described in that division, that the secured 13,009
party or other lienholder did not possess the alleged right, 13,010
title, or interest in the property or that the secured party or 13,011
other lienholder had actual knowledge of facts pertaining to the 13,012
violation that was the basis of the order. 13,013
(G)(1) Subject to division (G)(2) of this section, if the 13,016
court has disposed of all petitions filed under division (F) of 13,017
this section or if no petitions are filed under that division and 13,018
the time for filing petitions under that division has expired, 13,019
the state shall have clear title to all property that is the 13,020
subject of an order of forfeiture issued under this section and 13,021
may warrant good title to any subsequent purchaser or other 13,022
transferee. 13,023
(2) If an affidavit as described in division (F)(3)(b) of 13,026
this section is filed in accordance with that division, if the 13,027
affidavit constitutes under the circumstances described in that 13,028
division conclusive evidence of the validity of the right, title, 13,030
or interest of a secured party or other lienholder of record in 13,031
the property subject to a forfeiture order, and if any mortgage, 13,032
security interest, or other type of lien possessed by the secured 13,033
party or other lienholder in connection with the property is not 13,034
satisfied prior to a sale or other disposition of the property 13,035
pursuant to section 2923.46 of the Revised Code, then the right, 13,037
title, or interest of the secured party or other lienholder in 13,038
the property remains valid for purposes of sections 2923.44 to 13,039
2923.47 of the Revised Code and any subsequent purchaser or other 13,040
303
transferee of the property pursuant to section 2923.46 of the 13,041
Revised Code shall take the property subject to the continued 13,042
validity of the right, title, or interest of the secured party or 13,043
other lienholder in the property.
Sec. 2923.45. (A) The following property is subject to 13,052
forfeiture to the state in a civil action as described in 13,053
division (E) of this section, and no person has any right, title, 13,054
or interest in the following property: 13,055
(1) Any property that constitutes, or is derived directly 13,057
or indirectly from, any proceeds that a person obtained directly 13,058
or indirectly from the commission of an act that, upon the filing 13,059
of an indictment, complaint, or information, could be prosecuted 13,061
as a violation of section 2923.42 of the Revised Code or that, 13,062
upon the filing of a complaint, INDICTMENT, OR INFORMATION, could 13,063
be the basis for finding a juvenile to be a delinquent child for 13,065
committing an act that is a violation of section 2923.42 of the 13,066
Revised Code;
(2) Any property that was used or intended to be used in 13,068
any manner to commit, or to facilitate the commission of, an act 13,069
that, upon the filing of an indictment, complaint, or 13,070
information, could be prosecuted as a violation of section 13,071
2923.42 of the Revised Code or that, upon the filing of a 13,073
complaint, INDICTMENT, OR INFORMATION, could be the basis for 13,075
finding a juvenile to be a delinquent child for committing an act 13,076
that is a violation of section 2923.42 of the Revised Code. 13,077
(B)(1) All right, title, and interest in property 13,079
described in division (A) of this section shall vest in the state 13,080
upon the commission of the act giving rise to a civil forfeiture 13,081
under this section. 13,082
(2) The provisions of section 2933.43 of the Revised Code 13,085
relating to the procedures for the forfeiture of contraband do 13,086
not apply to a civil action to obtain a civil forfeiture under 13,087
this section. 13,088
(3) Any property taken or detained pursuant to this 13,090
304
section is not subject to replevin and is considered to be in the 13,091
custody of the head of the law enforcement agency that seized the 13,092
property. 13,093
This section does not preclude the head of a law 13,095
enforcement agency that seizes property from seeking the 13,096
forfeiture of that property pursuant to federal law. If the head 13,098
of a law enforcement agency that seizes property does not seek 13,099
the forfeiture of that property pursuant to federal law and if 13,100
the property is subject to forfeiture under this section, the 13,101
property is subject only to the orders of the court of common
pleas of the county in which the property is located, and it 13,102
shall be disposed of in accordance with section 2923.46 of the 13,103
Revised Code. 13,104
(4) Nothing in this section precludes a financial 13,106
institution that has or purports to have a security interest in 13,107
or lien on property described in division (A) of this section 13,108
from commencing a civil action or taking other appropriate legal 13,109
action in connection with the property, prior to its disposition 13,110
in accordance with section 2923.46 of the Revised Code, for the 13,112
purpose of obtaining possession of the property in order to
foreclose or otherwise enforce the security interest or lien. A 13,113
financial institution may commence a civil action or take other 13,114
appropriate legal action for that purpose prior to the 13,115
disposition of the property in accordance with section 2923.46 of 13,116
the Revised Code, even if a civil action to obtain a civil 13,117
forfeiture has been or could be commenced under this section, 13,118
even if the property is or could be the subject of an order of 13,119
civil forfeiture issued under this section, and even if the 13,120
property has been seized or is subject to seizure pursuant to 13,121
this section. 13,122
If a financial institution commences a civil action or 13,124
takes any other appropriate legal action as described in this 13,125
division, if the financial institution subsequently causes the 13,126
sale of the property prior to its seizure pursuant to this 13,127
305
section and its disposition pursuant to section 2923.46 of the 13,128
Revised Code, and if the person responsible for the conduct of 13,130
the sale has actual knowledge of the commencement of a civil 13,131
action to obtain a civil forfeiture under this section or actual 13,132
knowledge of an order of civil forfeiture issued under this 13,133
section, then the person responsible for the conduct of the sale 13,134
shall dispose of the proceeds of the sale in the following order: 13,135
(a) First, to the payment of the costs of the sale and to 13,137
the payment of the costs incurred by law enforcement agencies and 13,138
financial institutions in connection with the seizure of, storage 13,139
of, maintenance of, and provision of security for the property. 13,140
As used in this division, "costs" of a financial institution do 13,141
not include attorney's fees incurred by that institution in 13,142
connection with the property. 13,143
(b) Second, the remaining proceeds of the sale after 13,145
compliance with division (B)(4)(a) of this section, to the 13,147
payment in the order of priority of the security interests and 13,148
liens of valid security interests and liens pertaining to the 13,149
property that, at the time of the vesting in the state under 13,150
division (B)(1) of this section of the right, title, or interest 13,152
of the adult or juvenile, are held by known secured parties and
lienholders; 13,153
(c) Third, the remaining proceeds of the sale after 13,155
compliance with division (B)(4)(b) of this section, to the court 13,157
that has or would have jurisdiction in a civil action to obtain a
civil forfeiture under this section, for disposition in 13,158
accordance with section 2923.46 of the Revised Code. 13,159
(C)(1) A law enforcement officer may seize any property 13,161
that is subject to civil forfeiture under this section upon 13,164
process, or a warrant as described in division (C)(2) of this 13,165
section, issued by a court of common pleas that has jurisdiction 13,166
over the property. Additionally, a law enforcement officer may
seize the property, without process or a warrant being so issued, 13,168
when any of the following applies: 13,170
306
(a) The seizure is incident to an arrest, a search under a 13,172
search warrant, a lawful search without a search warrant, or an 13,173
inspection under an administrative inspection warrant. 13,174
(b) The property is the subject of a prior judgment in 13,176
favor of the state in a restraining order, injunction, or other 13,177
preservation order proceeding under section 2923.44 of the 13,178
Revised Code, or is the subject of a forfeiture order issued 13,179
pursuant to that section. 13,180
(c) The law enforcement officer has probable cause to 13,182
believe that the property is directly or indirectly dangerous to 13,183
the public health or safety. 13,184
(d) The initial intrusion by the law enforcement officer 13,186
afforded the officer with plain view of personal property that is 13,187
subject to civil forfeiture in a civil action under this section, 13,188
the initial intrusion by the law enforcement officer was lawful, 13,189
the discovery of the personal property by the law enforcement 13,190
officer was inadvertent, and the incriminating nature of the 13,191
personal property was immediately apparent to the law enforcement 13,192
officer.
(2) For purposes of division (C)(1) of this section, the 13,194
state may request a court of common pleas to issue a warrant that 13,195
authorizes the seizure of property that is subject to civil 13,196
forfeiture under this section, in the same manner as provided in 13,197
Criminal Rule 41 and Chapter 2933. of the Revised Code for the 13,199
issuance of a search warrant. For purposes of division (C)(1) of 13,201
this section, any proceeding before a court of common pleas that 13,202
involves a request for the issuance of process, or a warrant as 13,203
described in this division, authorizing the seizure of any 13,204
property that is subject to civil forfeiture under this section 13,205
shall be recorded by shorthand, by stenotype, or by any other 13,206
mechanical, electronic, or video recording device. The recording 13,207
of and any transcript of the recording of such a proceeding shall 13,208
not be a public record for purposes of section 149.43 of the 13,209
Revised Code until the property has been seized pursuant to the 13,211
307
process or warrant. This division does not require, authorize, 13,213
or permit the making available for inspection, or the copying, 13,214
under section 149.43 of the Revised Code of any confidential law 13,215
enforcement investigatory record or trial preparation record, as 13,216
defined in that section.
(3) If property is seized pursuant to division (C)(1) of 13,218
this section and if a civil action to obtain a civil forfeiture 13,219
under this section, a criminal action that could result in a 13,220
criminal forfeiture under section 2923.44 of the Revised Code, or 13,222
a delinquent child proceeding that could result in a criminal 13,223
forfeiture under that section is not pending at the time of the 13,224
seizure or previously did not occur in connection with the 13,225
property, then the prosecuting attorney of the county in which 13,226
the seizure occurred promptly shall commence a civil action to 13,227
obtain a civil forfeiture under this section in connection with 13,228
the property, unless an indictment, complaint, or information 13,230
alleging the commission of a violation of section 2923.42 of the 13,231
Revised Code or a complaint, OR INDICTMENT, OR INFORMATION 13,232
alleging that a juvenile is a delinquent child because of the 13,234
commission of an act that is a violation of section 2923.42 of
the Revised Code is filed prior to the commencement of the civil 13,237
action. Nothing in division (C)(3) of this section precludes the 13,238
filing of an indictment, complaint, or information alleging the 13,239
commission of a violation of section 2923.42 of the Revised Code 13,240
or the filing of a complaint, INDICTMENT, OR INFORMATION alleging 13,241
that a juvenile is a delinquent child because of the commission 13,242
of an act that is a violation of section 2923.42 of the Revised 13,243
Code, after the commencement of a civil action to obtain a civil 13,245
forfeiture under this section.
(D)(1) The filing of an indictment, complaint, or 13,247
information alleging the commission of a violation of section 13,248
2923.42 of the Revised Code that also is the basis of a civil 13,250
action for a civil forfeiture under this section, or the filing 13,251
of a complaint, INDICTMENT, OR INFORMATION alleging that a 13,252
308
juvenile is a delinquent child because of the commission of an 13,255
act that is a violation of section 2923.42 of the Revised Code, 13,256
and that also is the basis of a civil action for a civil 13,258
forfeiture under this section, upon the motion of the prosecuting 13,259
attorney of the county in which the indictment, complaint, or 13,260
information or the complaint, INDICTMENT, OR INFORMATION in the 13,261
delinquent child proceeding is filed, shall stay the civil 13,262
action.
(2) A civil action to obtain a civil forfeiture under this 13,264
section may be commenced as described in division (E) of this 13,265
section whether or not the adult or juvenile who committed a 13,266
violation of section 2923.42 of the Revised Code or an act that 13,267
is a violation of section 2923.42 of the Revised Code has been 13,268
charged by an indictment, complaint, or information with the 13,269
commission of a violation of that section, has pleaded guilty to 13,270
or been found guilty of a violation of that section, has been 13,271
determined to be a delinquent child for the commission of a 13,272
violation of that section, has been found not guilty of 13,273
committing a violation of that section, or has not been
determined to be a delinquent child for the alleged commission of 13,274
a violation of that section. 13,275
(E)(1) The prosecuting attorney of the county in which 13,277
property described in division (A) of this section is located may 13,278
commence a civil action to obtain a civil forfeiture under this 13,279
section by filing in the court of common pleas of that county a 13,280
complaint that requests the issuance of an order of civil 13,281
forfeiture of the property to the state. Notices of the action 13,282
shall be served and published in accordance with division (E)(2) 13,283
of this section. 13,284
(2) Prior to or simultaneously with the commencement of 13,286
the civil action as described in division (E)(1) of this section, 13,287
the prosecuting attorney shall conduct or cause to be conducted a 13,288
search of the appropriate public records that relate to the 13,289
property subject to civil forfeiture, and shall make or cause to 13,290
309
be made reasonably diligent inquiries, for the purpose of 13,291
identifying persons who have any right, title, or interest in the 13,292
property. The prosecuting attorney then shall cause a notice of 13,293
the commencement of the civil action, together with a copy of the 13,294
complaint filed in it, to be given to each person who is known, 13,295
because of the conduct of the search, the making of the 13,296
inquiries, or otherwise, to have any right, title, or interest in 13,297
the property, by certified mail, return receipt requested, or by 13,298
personal service. Additionally, the prosecuting attorney shall 13,299
cause a similar notice to be published once a week for two 13,300
consecutive weeks in a newspaper of general circulation in the 13,301
county in which the property is located. 13,302
(3) The procedures specified in divisions (F)(3) to (5) of 13,304
section 2923.44 of the Revised Code apply to persons claiming any 13,306
right, title, or interest in property subject to civil forfeiture
under this section. The references in those divisions to the 13,307
adult offender whose conviction or guilty plea, or the delinquent 13,308
child whose adjudication, is the basis of an order of criminal 13,309
forfeiture shall be construed for purposes of this section to 13,310
mean the adult or juvenile who committed the act that could be 13,311
the basis of an order of civil forfeiture under this section, and 13,312
the references in those divisions to an issued order of criminal 13,313
forfeiture shall be inapplicable. 13,314
(4) A hearing shall be held in the civil action described 13,316
in division (E)(1) of this section at least thirty days after the 13,317
final publication of notice as required by division (E)(2) of 13,318
this section and after the date of completion of the service of 13,319
notice by personal service or certified mail, return receipt 13,320
requested, as required by that division. Following the hearing, 13,321
the court shall issue the requested order of civil forfeiture if 13,322
the court determines that the prosecuting attorney has proven by 13,323
clear and convincing evidence that the property in question is 13,324
property as described in division (A)(1) or (2) of this section 13,325
and if the court has disposed of all petitions filed under 13,326
310
division (E)(3) of this section or no petitions have been so 13,327
filed and the time for filing them has expired. An order of 13,328
civil forfeiture so issued shall state that all right, title, and 13,329
interest in the property in question of the adult or juvenile who 13,330
committed the act that is the basis of the order is forfeited to 13,331
the state and shall make due provision for the right, title, or 13,332
interest in that property of any other person in accordance with 13,333
any determinations made by the court under division (E)(3) of 13,334
this section and in accordance with divisions (F)(5)(b) and 13,336
(G)(2) of section 2923.44 of the Revised Code. 13,337
(5) Subject to division (G)(2) of section 2923.44 of the 13,339
Revised Code, if a court of common pleas enters an order of civil 13,341
forfeiture in accordance with division (E) of this section, the 13,342
state shall have clear title to the property that is the subject 13,343
of the order and may warrant good title to any subsequent 13,344
purchaser or other transferee. 13,345
Sec. 2925.42. (A)(1) In accordance with division (B) of 13,354
this section, a person who is convicted of or pleads guilty to a 13,355
felony drug abuse offense, and any juvenile who is found by a 13,356
juvenile court to be a delinquent child for an act that, if 13,357
committed by an adult, would be a felony drug abuse offense, 13,358
loses any right to the possession of property and forfeits to the 13,359
state any right, title, and interest the person may have in that 13,360
property if either of the following applies: 13,361
(a) The property constitutes, or is derived directly or 13,363
indirectly from, any proceeds that the person obtained directly 13,364
or indirectly from the commission of the felony drug abuse 13,365
offense or act. 13,366
(b) The property was used or intended to be used in any 13,368
manner to commit, or to facilitate the commission of, the felony 13,369
drug abuse offense or act. 13,370
(2) All right, title, and interest of a person in property 13,372
described in division (A)(1) of this section vests in the state 13,373
upon the person's commission of the felony drug abuse offense of 13,374
311
which the person is convicted or to which the person pleads 13,375
guilty and that is the basis of the forfeiture, or upon the 13,376
juvenile's commission of the act that, if committed by an adult, 13,377
would be a felony drug abuse offense, that is the basis of the 13,378
juvenile being found to be a delinquent child, and that is the 13,379
basis of the forfeiture. Subject to divisions (F)(3)(b) and 13,380
(5)(b) and (G)(2) of this section, if any right, title, or 13,381
interest in property is vested in this state under this division 13,382
and subsequently is transferred to a person other than the 13,383
offender who forfeits the right, title, or interest under 13,384
division (A)(1) of this section, then, in accordance with 13,385
division (B) of this section, the right, title, or interest in 13,386
the property may be the subject of a special verdict of 13,387
forfeiture and, after any special verdict of forfeiture, shall be 13,388
ordered forfeited to this state, unless the transferee 13,389
establishes in a hearing held pursuant to division (F) of this 13,390
section that the transferee is a bona fide purchaser for value of 13,391
the right, title, or interest in the property and that, at the
time of its purchase, the transferee was reasonably without cause 13,392
to believe that it was subject to forfeiture under this section. 13,393
(3) The provisions of section 2925.43 of the Revised Code 13,395
that relate to the forfeiture of any right, title, or interest in 13,396
property associated with a felony drug abuse offense pursuant to 13,397
a civil action to obtain a civil forfeiture do not apply to the 13,398
forfeiture of any right, title, or interest in property described 13,399
in division (A)(1) of this section that occurs pursuant to 13,400
division (B) of this section upon a person's conviction of or 13,401
guilty plea to a felony drug abuse offense or upon a juvenile 13,402
being found by a juvenile court to be a delinquent child for an 13,403
act that, if committed by an adult, would be a felony drug abuse 13,404
offense. 13,405
(4) Nothing in this section precludes a financial 13,407
institution that has or purports to have a security interest in 13,408
or lien on property described in division (A)(1) of this section 13,409
312
from commencing a civil action or taking other appropriate legal 13,410
action in connection with the property, prior to its disposition 13,411
in accordance with section 2925.44 of the Revised Code, for the 13,412
purpose of obtaining possession of the property in order to 13,413
foreclose or otherwise enforce the security interest or lien. A 13,414
financial institution may commence a civil action or take other 13,415
appropriate legal action for that purpose prior to the 13,416
disposition of the property in accordance with section 2925.44 of 13,417
the Revised Code, even if a felony drug abuse offense prosecution 13,418
or a delinquent child proceeding for an act that, if committed by 13,419
an adult, would be a felony drug abuse offense has been or could 13,420
be commenced, even if the property is or could be the subject of 13,421
an order of forfeiture issued under division (B)(5) of this 13,422
section, and even if the property has been seized or is subject 13,423
to seizure pursuant to division (D) or (E) of this section. 13,424
If a financial institution commences a civil action or 13,426
takes any other appropriate legal action as described in this 13,427
division, if the financial institution subsequently causes the 13,428
sale of the property prior to its seizure pursuant to division 13,429
(D) or (E) of this section and its disposition pursuant to 13,430
section 2925.44 of the Revised Code, and if the person 13,431
responsible for the conduct of the sale has actual knowledge of 13,432
the commencement of a felony drug abuse offense prosecution or of 13,433
a delinquent child proceeding for an act that, if committed by an 13,434
adult, would be a felony drug abuse offense, actual knowledge of 13,435
a pending forfeiture proceeding under division (B) of this 13,436
section, or actual knowledge of an order of forfeiture issued 13,437
under division (B)(5) of this section, then the person 13,438
responsible for the conduct of the sale shall dispose of the 13,439
proceeds of the sale in the following order: 13,440
(a) First, to the payment of the costs of the sale and to 13,442
the payment of the costs incurred by law enforcement agencies and 13,443
financial institutions in connection with the seizure of, storage 13,444
of, maintenance of, and provision of security for the property. 13,445
313
As used in this division, "costs" of a financial institution do 13,446
not include attorney's fees incurred by that institution in 13,447
connection with the property. 13,448
(b) Second, the remaining proceeds of the sale after 13,450
compliance with division (A)(4)(a) of this section, to the 13,451
payment of valid security interests and liens pertaining to the 13,452
property that, at the time of the vesting of the right, title, or 13,453
interest of the adult or juvenile in the state under division 13,454
(A)(2) of this section, are held by known secured parties and 13,455
lienholders, in the order of priority of those security interests 13,456
and liens; 13,457
(c) Third, the remaining proceeds of the sale after 13,459
compliance with division (A)(4)(b) of this section, to the court 13,460
that has or would have jurisdiction in a felony drug abuse 13,461
offense prosecution or a delinquent child proceeding for an act 13,462
that, if committed by an adult, would be a felony drug abuse 13,463
offense, for disposition in accordance with section 2925.44 of 13,464
the Revised Code. 13,465
(B)(1) A criminal forfeiture of any right, title, or 13,467
interest in property described in division (A)(1) of this section 13,468
is precluded unless one of the following applies: 13,469
(a) The indictment, count in the indictment, or 13,471
information charging the felony drug abuse offense specifies the 13,472
nature of the right, title, or interest of the alleged offender 13,473
in the property described in division (A)(1) of this section that 13,474
is potentially subject to forfeiture under this section, or a 13,475
description of the property of the alleged offender that is 13,476
potentially subject to forfeiture under this section, to the 13,477
extent the right, title, or interest in the property or the 13,478
property reasonably is known at the time of the filing of the 13,479
indictment or information; or the complaint, INDICTMENT, OR 13,480
INFORMATION charging a juvenile with being a delinquent child for 13,483
the commission of an act that, if committed by an adult, would be 13,484
a felony drug abuse offense specifies the nature of the right, 13,485
314
title, or interest of the juvenile in the property described in 13,486
division (A)(1) of this section that is potentially subject to 13,487
forfeiture under this section, or a description of the property 13,488
of the juvenile that is potentially subject to forfeiture under 13,489
this section, to the extent the right, title, or interest in the 13,490
property or the property reasonably is known at the time of the 13,491
filing of the complaint, INDICTMENT, OR INFORMATION. 13,492
(b) The property in question was not reasonably foreseen 13,494
to be subject to forfeiture under this section at the time of the 13,495
filing of the indictment, information, or complaint, the 13,496
prosecuting attorney gave prompt notice to the alleged offender 13,497
or juvenile of that property when it was discovered to be subject 13,498
to forfeiture under this section, and a verdict of forfeiture 13,499
described in division (B)(3) of this section requires the 13,500
forfeiture of that property. 13,501
(2) The specifications described in division (B)(1) of 13,503
this section shall be stated at the end of the body of the 13,504
indictment, count in the indictment, information, or complaint. 13,505
(3)(a) If a person is convicted of or pleads guilty to a 13,507
felony drug abuse offense, or a juvenile is found to be a 13,508
delinquent child for an act that, if committed by an adult, would 13,509
be a felony drug abuse offense, then a special proceeding shall 13,510
be conducted in accordance with this division to determine 13,511
whether any property described in division (B)(1)(a) or (b) of 13,512
this section will be the subject of an order of forfeiture under 13,513
this section. Except as otherwise provided in division (B)(3)(b) 13,514
of this section, the jury in the felony drug abuse offense 13,515
criminal action or in the delinquent child action or, if that 13,516
action was a nonjury action, the judge in that action shall hear 13,517
and consider testimony and other evidence in the proceeding 13,518
relative to whether any property described in division (B)(1)(a) 13,519
or (b) of this section is subject to forfeiture under this 13,520
section. If the jury or judge determines that the prosecuting 13,521
attorney has established, by a preponderance of the evidence, 13,522
315
that any property so described is subject to forfeiture under 13,523
this section, the judge or juvenile judge shall render a verdict 13,524
of forfeiture that specifically describes the right, title, or 13,525
interest in property or the property that is subject to 13,526
forfeiture under this section. The Rules of Evidence shall apply 13,527
in the proceeding. 13,528
(b) If the trier of fact in a felony drug abuse offense 13,530
criminal action or in a delinquent child action was a jury, then, 13,531
upon the filing of a motion by the person who was convicted of or 13,532
pleaded guilty to the felony drug abuse offense or upon the 13,533
filing of a motion by the juvenile who was found to be a 13,534
delinquent child for an act that, if committed by an adult, would 13,535
be a felony drug abuse offense, the determinations in the 13,536
proceeding described in this division instead shall be made by 13,537
the judge in the felony drug abuse offense criminal action or the 13,538
juvenile judge. 13,539
(4) In a felony drug abuse offense criminal action or in a 13,541
delinquent child action, if the trier of fact is a jury, the jury 13,542
shall not be informed of any specification described in division 13,543
(B)(1)(a) of this section or of any property described in that 13,544
division or division (B)(1)(b) of this section prior to the 13,545
alleged offender being convicted of or pleading guilty to the 13,546
felony drug abuse offense or prior to the juvenile being found to 13,547
be a delinquent child for the commission of an act that, if 13,548
committed by an adult, would be a felony drug abuse offense. 13,549
(5)(a) If a verdict of forfeiture is entered pursuant to 13,551
division (B)(3) of this section, then the court that imposes 13,552
sentence upon a person who is convicted of or pleads guilty to a 13,553
felony drug abuse offense, or the juvenile court that finds a 13,554
juvenile to be a delinquent child for an act that, if committed 13,555
by an adult, would be a felony drug abuse offense, in addition to 13,556
any other sentence imposed upon the offender or order of 13,557
disposition imposed upon the delinquent child, shall order that 13,558
the offender or delinquent child forfeit to the state all of the 13,560
316
offender's or delinquent child's right, title, and interest in
the property described in division (A)(1) of this section. If a 13,561
person is convicted of or pleads guilty to a felony drug abuse 13,562
offense, or a juvenile is found by a juvenile court to be a 13,563
delinquent child for an act that, if committed by an adult, would 13,564
be a felony drug abuse offense, and derives profits or other 13,565
proceeds from the offense or act, the court that imposes sentence 13,566
or an order of disposition upon the offender or delinquent child, 13,567
in lieu of any fine that the court is otherwise authorized or 13,569
required to impose, may impose upon the offender or delinquent 13,570
child a fine of not more than twice the gross profits or other 13,571
proceeds so derived. 13,572
(b) Notwithstanding any contrary provision of section 13,574
3719.21 of the Revised Code, all fines imposed pursuant to this 13,575
division shall be paid by the clerk of the court to the county, 13,576
municipal corporation, township, park district, as created 13,577
pursuant to section 511.18 or 1545.01 of the Revised Code, or 13,578
state law enforcement agencies in this state that were primarily 13,579
responsible for or involved in making the arrest of, and in 13,580
prosecuting, the offender. However, no fine so imposed shall be 13,581
paid to a law enforcement agency unless the agency has adopted a 13,582
written internal control policy under division (F)(2) of section 13,584
2925.03 of the Revised Code that addresses the use of the fine 13,585
moneys that it receives under this division and division (F)(1) 13,587
of section 2925.03 of the Revised Code. The fines imposed and 13,588
paid pursuant to this division shall be used by the law 13,589
enforcement agencies to subsidize their efforts pertaining to 13,590
drug offenses, in accordance with the written internal control 13,591
policy adopted by the recipient agency under division (F)(2) of 13,593
section 2925.03 of the Revised Code. 13,594
(c) As used in division (B)(5) of this section: 13,596
(i) "Law enforcement agencies" includes, but is not 13,598
limited to, the state board of pharmacy and the office of a 13,599
prosecutor. 13,600
317
(ii) "Prosecutor" has the same meaning as in section 13,602
2935.01 of the Revised Code. 13,603
(6) If any of the property that is described in division 13,605
(A)(1) of this section and that is the subject of an order of 13,606
forfeiture issued under division (B)(5) of this section, because 13,607
of an act or omission of the person who is convicted of or pleads 13,608
guilty to the felony drug abuse offense that is the basis of the 13,609
order of forfeiture, or an act or omission of the juvenile found 13,610
by a juvenile court to be a delinquent child for an act that, if 13,611
committed by an adult, would be a felony drug abuse offense and 13,612
that is the basis of the forfeiture, cannot be located upon the 13,613
exercise of due diligence, has been transferred to, sold to, or 13,614
deposited with a third party, has been placed beyond the 13,615
jurisdiction of the court, has been substantially diminished in 13,616
value, or has been commingled with other property that cannot be 13,617
divided without difficulty, the court that issues the order of 13,618
forfeiture shall order the forfeiture of any other property of 13,619
the offender up to the value of any forfeited property described 13,620
in this division. 13,621
(C) There shall be a rebuttable presumption that any 13,623
right, title, or interest of a person in property described in 13,624
division (A)(1) of this section is subject to forfeiture under 13,625
division (B) of this section, if the state proves both of the 13,626
following by a preponderance of the evidence: 13,627
(1) The right, title, or interest in the property was 13,629
acquired by the offender during the period of the commission of 13,630
the felony drug abuse offense or act that, if committed by an 13,631
adult, would be a felony drug abuse offense, or within a 13,632
reasonable time after that period. 13,633
(2) There is no likely source for the right, title, or 13,635
interest in the property other than proceeds obtained from the 13,636
commission of the felony drug abuse offense or act. 13,637
(D)(1) Upon the application of the prosecuting attorney 13,639
who is prosecuting or has jurisdiction to prosecute the felony 13,640
318
drug abuse offense or act, the court of common pleas or juvenile 13,641
court of the county in which property subject to forfeiture under 13,642
division (B) of this section is located, whichever is applicable, 13,643
may issue a restraining order or injunction, an order requiring 13,644
the execution of a satisfactory performance bond, or an order 13,645
taking any other reasonable action necessary to preserve the 13,646
availability of the property, at either of the following times: 13,647
(a) Upon the filing of an indictment, complaint, or 13,649
information charging a person who has any right, title, or 13,650
interest in the property with the commission of a felony drug 13,651
abuse offense and alleging that the property with respect to 13,652
which the order is sought will be subject to forfeiture under 13,653
division (B) of this section if the person is convicted of or 13,654
pleads guilty to the offense, or upon the filing of a complaint, 13,655
INDICTMENT, OR INFORMATION alleging that a juvenile who has any 13,656
right, title, or interest in the property is a delinquent child 13,657
because of the commission of an act that, if committed by an 13,659
adult, would be a felony drug abuse offense and alleging that the 13,660
property with respect to which the order is sought will be 13,661
subject to forfeiture under division (B) of this section if the 13,662
juvenile is found to be a delinquent child because of the 13,663
commission of that act;
(b) Except as provided in division (D)(3) of this section, 13,665
prior to the filing of an indictment, complaint, or information 13,666
charging a person who has any right, title, or interest in the 13,667
property with the commission of a felony drug abuse offense, or 13,668
prior to the filing of a complaint, INDICTMENT, OR INFORMATION 13,669
alleging that a juvenile who has any right, title, or interest in 13,671
the property is a delinquent child because of the commission of 13,672
an act that, if committed by an adult, would be a felony drug 13,673
abuse offense, if, after notice is given to all persons known to 13,674
have any right, title, or interest in the property and an 13,675
opportunity to have a hearing on the order is given to those 13,676
persons, the court determines both of the following: 13,677
319
(i) There is a substantial probability that the state will 13,679
prevail on the issue of forfeiture and that failure to enter the 13,680
order will result in the property subject to forfeiture being 13,681
destroyed, removed from the jurisdiction of the court, or 13,682
otherwise being made unavailable for forfeiture. 13,683
(ii) The need to preserve the availability of the property 13,685
subject to forfeiture through the entry of the requested order 13,686
outweighs the hardship on any party against whom the order is to 13,687
be entered. 13,688
(2) Except as provided in division (D)(3) of this section, 13,690
an order issued under division (D)(1) of this section is 13,691
effective for not more than ninety days, unless extended by the 13,692
court for good cause shown or unless an indictment, complaint, or 13,693
information charging the commission of a felony drug abuse 13,694
offense or a complaint, INDICTMENT, OR INFORMATION alleging that 13,695
a juvenile is a delinquent child because of the commission of an 13,698
act that, if committed by an adult, would be a felony drug abuse 13,699
offense, is filed against any alleged adult offender or alleged 13,700
delinquent child with any right, title, or interest in the 13,701
property that is the subject of the order. 13,702
(3) A court may issue an order under division (D)(1)(b) of 13,704
this section without giving notice or an opportunity for a 13,705
hearing to persons known to have any right, title, or interest in 13,706
property, if the prosecuting attorney who is prosecuting or has 13,707
jurisdiction to prosecute the felony drug abuse offense or act 13,708
demonstrates that there is probable cause to believe that the 13,709
property will be subject to forfeiture under division (B) of this 13,710
section if a person with any right, title, or interest in the 13,711
property is convicted of or pleads guilty to a felony drug abuse 13,712
offense or a juvenile with any right, title, or interest in the 13,713
property is found by a juvenile court to be a delinquent child 13,714
for an act that, if committed by an adult, would be a felony drug 13,715
abuse offense, and that giving notice or an opportunity for a 13,716
hearing to persons with any right, title, or interest in the 13,717
320
property will jeopardize its availability for forfeiture. The 13,718
order shall be a temporary order and expire not more than ten 13,719
days after the date on which it is entered, unless it is extended 13,720
for good cause shown or unless a person with any right, title, or 13,721
interest in the property that is the subject of the order 13,722
consents to an extension for a longer period. A hearing 13,723
concerning an order issued under this division may be requested, 13,724
and, if it is requested, the court shall hold the hearing at the 13,725
earliest possible time prior to the expiration of the order. 13,726
(4) At any hearing held under division (D) of this 13,728
section, the court may receive and consider evidence and 13,729
information that is inadmissible under the Rules of Evidence. 13,730
However, each hearing held under division (D) of this section 13,731
shall be recorded by shorthand, by stenotype, or by any other 13,732
mechanical, electronic, or video recording device. If, as a 13,733
result of a hearing under division (D) of this section, property 13,734
would be seized, the recording of and any transcript of the 13,735
recording of that hearing shall not be a public record for 13,736
purposes of section 149.43 of the Revised Code until that 13,737
property has been seized pursuant to division (D) of this 13,738
section. Division (D)(4) of this section shall not be construed 13,739
as requiring, authorizing, or permitting, and does not require, 13,740
authorize, or permit, the making available for inspection, or the 13,741
copying, under section 149.43 of the Revised Code of any 13,742
confidential law enforcement investigatory record or trial 13,743
preparation record, as defined in that section. 13,744
(5) A prosecuting attorney or other law enforcement 13,746
officer may request the court of common pleas of the county in 13,747
which property subject to forfeiture under this section is 13,748
located to issue a warrant authorizing the seizure of that 13,749
property. The request shall be made in the same manner as 13,750
provided for a search warrant. If the court determines that 13,751
there is probable cause to believe that the property to be seized 13,752
will be subject to forfeiture under this section when a person 13,753
321
with any right, title, or interest in the property is convicted 13,754
of or pleads guilty to a felony drug abuse offense or when a 13,755
juvenile with any right, title, or interest in the property is 13,756
found by a juvenile court to be a delinquent child for an act 13,757
that, if committed by an adult, would be a felony drug abuse 13,758
offense, and if the court determines that any order issued under 13,759
division (D)(1), (2), or (3) of this section may not be 13,760
sufficient to ensure the availability of the property for 13,761
forfeiture, the court shall issue a warrant authorizing the 13,762
seizure of the property. 13,763
(E)(1) Upon the entry of an order of forfeiture under this 13,765
section, the court shall order an appropriate law enforcement 13,766
officer to seize all of the forfeited property upon the terms and 13,767
conditions that the court determines are proper. In addition, 13,768
upon the request of the prosecuting attorney who prosecuted the 13,769
felony drug abuse offense or act, the court shall enter any 13,770
appropriate restraining orders or injunctions, require the 13,771
execution of satisfactory performance bonds, appoint receivers, 13,772
conservators, appraisers, accountants, or trustees, or take any 13,773
other action to protect the interest of the state in the 13,774
forfeited property. Any income accruing to or derived from 13,775
property ordered forfeited under this section may be used to 13,776
offset ordinary and necessary expenses related to the property 13,777
that are required by law or that are necessary to protect the 13,778
interest of the state or third parties. 13,779
After forfeited property is seized, the prosecuting 13,781
attorney who prosecuted the felony drug abuse offense or act 13,782
shall direct its disposition in accordance with section 2925.44 13,783
of the Revised Code, making due provision for the rights of any 13,784
innocent persons. Any right, title, or interest in property not 13,785
exercisable by, or transferable for value to, the state shall 13,786
expire and shall not revert to the offender whose conviction or 13,787
plea of guilty or act as a delinquent child is the basis of the 13,788
order of forfeiture. Neither the adult offender or delinquent 13,789
322
child nor any person acting in concert with or on behalf of the 13,791
adult offender or delinquent child is eligible to purchase 13,792
forfeited property at any sale held pursuant to section 2925.44 13,793
of the Revised Code.
Upon the application of any person other than the adult 13,795
offender or delinquent child whose right, title, or interest in 13,796
the property is the subject of the order of forfeiture or any 13,797
person acting in concert with or on behalf of the adult offender 13,798
or delinquent child, the court may restrain or stay the sale or 13,800
other disposition of the property pursuant to section 2925.44 of 13,801
the Revised Code pending the conclusion of any appeal of the 13,802
felony drug abuse offense conviction or of the delinquent child 13,803
adjudication that is the basis of the order of forfeiture, if the 13,804
applicant demonstrates that proceeding with the sale or other 13,805
disposition of the property will result in irreparable injury or 13,806
loss to the applicant.
(2) With respect to property that is the subject of an 13,808
order of forfeiture issued under this section, the court that 13,809
issued the order, upon the petition of the prosecuting attorney 13,810
who prosecuted the felony drug abuse offense or act, may do any 13,811
of the following: 13,812
(a) Grant petitions for mitigation or remission of 13,814
forfeiture, restore forfeited property to victims of a felony 13,815
drug abuse offense, or take any other action to protect the 13,816
rights of innocent persons that is in the interest of justice and 13,817
that is not inconsistent with this section; 13,818
(b) Compromise claims that arise under this section; 13,820
(c) Award compensation to persons who provide information 13,822
resulting in a forfeiture under this section; 13,823
(d) Direct the disposition by the prosecuting attorney who 13,825
prosecuted the felony drug abuse offense or act, in accordance 13,826
with section 2925.44 of the Revised Code, of all property ordered 13,827
forfeited under this section, making due provision for the rights 13,828
of innocent persons; 13,829
323
(e) Pending the disposition of any property that is the 13,831
subject of an order of forfeiture under this section, take any 13,832
appropriate measures that are necessary to safeguard and maintain 13,833
the property. 13,834
(3) To facilitate the identification and location of 13,836
property that is the subject of an order of forfeiture under this 13,837
section and to facilitate the disposition of petitions for 13,838
remission or mitigation issued under division (E)(2) of this 13,839
section, after the issuance of an order of forfeiture under this 13,840
section and upon application by the prosecuting attorney who 13,841
prosecuted the felony drug abuse offense or act, the court may 13,842
order that the testimony of any witness relating to the forfeited 13,843
property be taken by deposition, and that any designated book, 13,844
paper, document, record, recording, or other material that is not 13,845
privileged be produced at the same time and place as the 13,846
testimony, in the same manner as provided for the taking of 13,847
depositions under the Rules of Civil Procedure. 13,848
(F)(1) Except as provided in divisions (F)(2) to (5) of 13,850
this section, no person claiming any right, title, or interest in 13,851
property subject to forfeiture under this section or section 13,852
2925.43 of the Revised Code may intervene in a criminal trial or 13,853
appeal, or a delinquent child proceeding or appeal, involving the 13,854
forfeiture of the property under this section or in a civil 13,855
action for a civil forfeiture under section 2925.43 of the 13,856
Revised Code, or may commence an action at law or equity against 13,857
the state concerning the validity of the person's alleged right, 13,858
title, or interest in the property subsequent to the filing of an 13,859
indictment, complaint, or information alleging that the property 13,860
is subject to forfeiture under this section or subsequent to the 13,861
filing of a complaint, INDICTMENT, OR INFORMATION alleging that a 13,863
juvenile who has any right, title, or interest in the property is 13,864
a delinquent child because of the commission of an act that, if 13,865
committed by an adult, would be a felony drug abuse offense and 13,866
alleging that the property is subject to forfeiture under this 13,867
324
section.
(2) After the entry of an order of forfeiture under this 13,869
section, the prosecuting attorney who prosecuted the felony drug 13,870
abuse offense or act shall conduct or cause to be conducted a 13,871
search of the appropriate public records that relate to the 13,872
property, and make or cause to be made reasonably diligent 13,873
inquiries, for the purpose of identifying persons who have any 13,874
right, title, or interest in the property. The prosecuting 13,875
attorney then shall cause a notice of the order of forfeiture, of 13,876
the prosecuting attorney's intent to dispose of the property in 13,877
accordance with section 2925.44 of the Revised Code, and of the 13,878
manner of the proposed disposal, to be given to each person who 13,880
is known, because of the conduct of the search, the making of the 13,881
inquiries, or otherwise, to have any right, title, or interest in 13,882
the property, by certified mail, return receipt requested, or by 13,883
personal service. Additionally, the prosecuting attorney shall 13,884
cause a similar notice to be published once a week for two 13,885
consecutive weeks in a newspaper of general circulation in the 13,886
county in which the property was seized. 13,887
(3)(a) Any person, other than the adult offender whose 13,889
conviction or guilty plea or the delinquent child whose 13,890
adjudication is the basis of the order of forfeiture, who asserts 13,891
a legal right, title, or interest in the property that is the 13,892
subject of the order may petition the court that issued the 13,893
order, within thirty days after the earlier of the final 13,894
publication of notice or the person's receipt of notice under 13,895
division (F)(2) of this section, for a hearing to adjudicate the 13,896
validity of the person's alleged right, title, or interest in the 13,897
property. The petition shall be signed by the petitioner under 13,898
the penalties for falsification as specified in section 2921.13 13,899
of the Revised Code and shall set forth the nature and extent of 13,900
the petitioner's right, title, or interest in the property, the 13,901
time and circumstances of the petitioner's acquisition of that 13,902
right, title, or interest, any additional facts supporting the 13,903
325
petitioner's claim, and the relief sought. 13,904
(b) In lieu of filing a petition as described in division 13,906
(F)(3)(a) of this section, a secured party or other lienholder of 13,907
record that asserts a legal right, title, or interest in the 13,908
property that is the subject of the order, including, but not 13,909
limited to, a mortgage, security interest, or other type of lien, 13,910
may file an affidavit as described in this division to establish 13,911
the validity of the alleged right, title, or interest in the 13,912
property. The affidavit shall be filed within thirty days after 13,913
the earlier of the final publication of notice or the receipt of 13,914
notice under division (F)(2) of this section and, except as 13,915
otherwise provided in this section, shall constitute prima-facie 13,916
evidence of the validity of the secured party's or other 13,917
lienholder's alleged right, title, or interest in the property. 13,918
Unless the prosecuting attorney files a motion challenging the 13,919
affidavit within ten days after its filing and unless the 13,920
prosecuting attorney establishes, by a preponderance of the 13,921
evidence, at a subsequent hearing before the court that issued 13,922
the forfeiture order, that the secured party or other lienholder 13,923
does not possess the alleged right, title, or interest in the 13,924
property or that the secured party or other lienholder had actual 13,925
knowledge of facts pertaining to the felony drug abuse offense or 13,926
act that was the basis of the forfeiture order, the affidavit 13,927
shall constitute conclusive evidence of the validity of the 13,928
secured party's or other lienholder's right, title, or interest 13,929
in the property and shall have the legal effect described in 13,930
division (G)(2) of this section. To the extent practicable and 13,931
consistent with the interests of justice, any such hearing shall 13,932
be held within thirty days after the prosecuting attorney files 13,933
the motion. At any such hearing, the prosecuting attorney and 13,934
the secured party or other lienholder may present evidence and 13,935
witnesses and cross-examine witnesses. 13,936
In order to be valid for the purposes of this division and 13,938
division (G)(2) of this section, the affidavit of a secured party 13,939
326
or other lienholder shall contain averments that the secured 13,940
party or other lienholder acquired its alleged right, title, or 13,941
interest in the property in the regular course of its business, 13,942
for a specified valuable consideration, without actual knowledge 13,943
of any facts pertaining to the felony drug abuse offense or act 13,944
that was the basis of the forfeiture order, in good faith and 13,945
without the intent to prevent or otherwise impede the state from 13,946
seizing or obtaining a forfeiture of the property under sections 13,947
2925.41 to 2925.45 of the Revised Code, and prior to the seizure 13,948
or forfeiture of the property under those sections. 13,949
(4) Upon receipt of a petition filed under division (F)(3) 13,951
of this section, the court shall hold a hearing to determine the 13,952
validity of the petitioner's right, title, or interest in the 13,953
property that is the subject of the order of forfeiture. To the 13,954
extent practicable and consistent with the interests of justice, 13,955
the hearing shall be held within thirty days after the filing of 13,956
the petition. The court may consolidate the hearing on the 13,957
petition with a hearing on any other petition filed by a person 13,958
other than the offender whose conviction or guilty plea or 13,959
adjudication as a delinquent child is the basis of the order of 13,960
forfeiture. At the hearing, the petitioner may testify, present 13,961
evidence and witnesses on the petitioner's behalf, and 13,962
cross-examine witnesses for the state. The state may present 13,963
evidence and witnesses in rebuttal and in defense of its claim to 13,964
the property and cross-examine witnesses for the petitioner. In 13,965
addition to evidence and testimony presented at the hearing, the 13,966
court shall consider the relevant portions of the record in the 13,967
felony drug abuse offense or delinquent child case that resulted 13,968
in the order of forfeiture. 13,969
(5)(a) The court shall amend its order of forfeiture in 13,971
accordance with its determination if it determines, at the 13,972
hearing, that the petitioner has established either of the 13,973
following by a preponderance of the evidence: 13,974
(i) The petitioner has a legal right, title, or interest 13,976
327
in the property that renders the order of forfeiture completely 13,977
or partially invalid because it was vested in the petitioner, 13,978
rather than the adult offender whose conviction or guilty plea or 13,979
the delinquent child whose adjudication is the basis of the 13,980
order, or was superior to any right, title, or interest of that 13,981
offender, at the time of the commission of the felony drug abuse 13,982
offense or act that is the basis of the order. 13,983
(ii) The petitioner is a bona fide purchaser for value of 13,985
the right, title, or interest in the property and was at the time 13,986
of the purchase reasonably without cause to believe that it was 13,987
subject to forfeiture under this section. 13,988
(b) The court also shall amend its order of forfeiture to 13,990
reflect any right, title, or interest of a secured party or other 13,991
lienholder of record in the property subject to the order that 13,992
was established pursuant to division (F)(3)(b) of this section by 13,993
means of an affidavit, or that was established pursuant to that 13,994
division by the failure of a prosecuting attorney to establish, 13,995
in a hearing as described in that division, that the secured 13,996
party or other lienholder did not possess the alleged right, 13,997
title, or interest in the property or that the secured party or 13,998
other lienholder had actual knowledge of facts pertaining to the 13,999
felony drug abuse offense or act that was the basis of the order. 14,000
(G)(1) Subject to division (G)(2) of this section, if the 14,002
court has disposed of all petitions filed under division (F) of 14,003
this section or if no petitions are filed under that division and 14,004
the time for filing petitions under that division has expired, 14,005
the state shall have clear title to all property that is the 14,006
subject of an order of forfeiture issued under this section and 14,007
may warrant good title to any subsequent purchaser or other 14,008
transferee. 14,009
(2) If an affidavit as described in division (F)(3)(b) of 14,011
this section is filed in accordance with that division, if the 14,012
affidavit constitutes, under the circumstances described in that 14,013
division, conclusive evidence of the validity of the right, 14,014
328
title, or interest of a secured party or other lienholder of 14,015
record in the property subject to a forfeiture order, and if any 14,016
mortgage, security interest, or other type of lien possessed by 14,017
the secured party or other lienholder in connection with the 14,018
property is not satisfied prior to a sale or other disposition of 14,019
the property pursuant to section 2925.44 of the Revised Code, 14,020
then the right, title, or interest of the secured party or other 14,021
lienholder in the property remains valid for purposes of sections 14,022
2925.41 to 2925.45 of the Revised Code and any subsequent 14,023
purchaser or other transferee of the property pursuant to section 14,024
2925.44 of the Revised Code shall take the property subject to 14,025
the continued validity of the right, title, or interest of the 14,026
secured party or other lienholder in the property. 14,027
Sec. 2925.43. (A) The following property is subject to 14,036
forfeiture to the state in a civil action as described in 14,037
division (E) of this section, and no person has any right, title, 14,038
or interest in the following property: 14,039
(1) Any property that constitutes, or is derived directly 14,041
or indirectly from, any proceeds that a person obtained directly 14,042
or indirectly from the commission of an act that, upon the filing 14,043
of an indictment, complaint, or information, could be prosecuted 14,044
as a felony drug abuse offense or that, upon the filing of a 14,045
complaint, INDICTMENT, OR INFORMATION, could be the basis for 14,046
finding a juvenile to be a delinquent child for committing an act 14,048
that, if committed by an adult, would be a felony drug abuse 14,049
offense;
(2) Any property that was used or intended to be used in 14,051
any manner to commit, or to facilitate the commission of, an act 14,052
that, upon the filing of an indictment, complaint, or 14,053
information, could be prosecuted as a felony drug abuse offense 14,054
or that, upon the filing of a complaint, INDICTMENT, OR 14,055
INFORMATION, could be the basis for finding a juvenile to be a 14,057
delinquent child for committing an act that, if committed by an 14,058
adult, would be a felony drug abuse offense. 14,059
329
(B)(1) All right, title, and interest in property 14,061
described in division (A) of this section shall vest in the state 14,062
upon the commission of the act giving rise to a civil forfeiture 14,063
under this section. 14,064
(2) The provisions of section 2933.43 of the Revised Code 14,066
relating to the procedures for the forfeiture of contraband do 14,067
not apply to a civil action to obtain a civil forfeiture under 14,068
this section. 14,069
(3) Any property taken or detained pursuant to this 14,071
section is not subject to replevin and is deemed to be in the 14,072
custody of the head of the law enforcement agency that seized the 14,073
property. 14,074
This section does not preclude the head of a law 14,076
enforcement agency that seizes property from seeking the 14,077
forfeiture of that property pursuant to federal law. However, if 14,078
the head of a law enforcement agency that seizes property does 14,079
not seek the forfeiture of that property pursuant to federal law 14,080
and if the property is subject to forfeiture under this section, 14,081
the property is subject only to the orders of the court of common 14,082
pleas of the county in which the property is located, and it 14,083
shall be disposed of in accordance with section 2925.44 of the 14,084
Revised Code. 14,085
(4) Nothing in this section precludes a financial 14,087
institution that has or purports to have a security interest in 14,088
or lien on property described in division (A) of this section 14,089
from commencing a civil action or taking other appropriate legal 14,090
action in connection with the property, prior to its disposition 14,091
in accordance with section 2925.44 of the Revised Code, for the 14,092
purpose of obtaining possession of the property in order to 14,093
foreclose or otherwise enforce the security interest or lien. A 14,094
financial institution may commence a civil action or take other 14,095
appropriate legal action for that purpose prior to the 14,096
disposition of the property in accordance with section 2925.44 of 14,097
the Revised Code, even if a civil action to obtain a civil 14,098
330
forfeiture has been or could be commenced under this section, 14,099
even if the property is or could be the subject of an order of 14,100
civil forfeiture issued under this section, and even if the 14,101
property has been seized or is subject to seizure pursuant to 14,102
this section. 14,103
If a financial institution commences a civil action or 14,105
takes any other appropriate legal action as described in this 14,106
division, if the financial institution subsequently causes the 14,107
sale of the property prior to its seizure pursuant to this 14,108
section and its disposition pursuant to section 2925.44 of the 14,109
Revised Code, and if the person responsible for the conduct of 14,110
the sale has actual knowledge of the commencement of a civil 14,111
action to obtain a civil forfeiture under this section or actual 14,112
knowledge of an order of civil forfeiture issued under this 14,113
section, then the person responsible for the conduct of the sale 14,114
shall dispose of the proceeds of the sale in the following order: 14,115
(a) First, to the payment of the costs of the sale and to 14,117
the payment of the costs incurred by law enforcement agencies and 14,118
financial institutions in connection with the seizure of, storage 14,119
of, maintenance of, and provision of security for the property. 14,120
As used in this division, "costs" of a financial institution do 14,121
not include attorney's fees incurred by that institution in 14,122
connection with the property; 14,123
(b) Second, the remaining proceeds of the sale after 14,125
compliance with division (B)(4)(a) of this section, to the 14,126
payment of valid security interests and liens pertaining to the 14,127
property that, at the time of the vesting of the right, title, or 14,128
interest of the adult or juvenile in the state under division 14,129
(B)(1) of this section, are held by known secured parties and 14,130
lienholders, in the order of priority of those security interests 14,131
and liens; 14,132
(c) Third, the remaining proceeds of the sale after 14,134
compliance with division (B)(4)(b) of this section, to the court 14,135
that has or would have jurisdiction in a civil action to obtain a 14,136
331
civil forfeiture under this section, for disposition in 14,137
accordance with section 2925.44 of the Revised Code. 14,138
(C)(1) Any property that is subject to civil forfeiture 14,140
under this section may be seized by a law enforcement officer 14,141
upon process, or a warrant as described in division (C)(2) of 14,142
this section, issued by a court of common pleas that has 14,143
jurisdiction over the property. Additionally, a seizure of the 14,144
property, without process or a warrant being so issued, may be 14,145
made by a law enforcement officer when any of the following 14,146
applies: 14,147
(a) The seizure is incident to an arrest, a search under a 14,149
search warrant, a lawful search without a search warrant, or an 14,150
inspection under an administrative inspection warrant. 14,151
(b) The property is the subject of a prior judgment in 14,153
favor of the state in a restraining order, injunction, or other 14,154
preservation order proceeding under section 2925.42 of the 14,155
Revised Code, or is the subject of a forfeiture order issued 14,156
pursuant to that section. 14,157
(c) The law enforcement officer has probable cause to 14,159
believe that the property is directly or indirectly dangerous to 14,160
the public health or safety. 14,161
(d) The initial intrusion by the law enforcement officer 14,163
afforded him THE OFFICER with plain view of personal property 14,164
that is subject to civil forfeiture in a civil action under this 14,166
section, the initial intrusion by the law enforcement officer was 14,167
lawful, the discovery of the personal property by the law 14,168
enforcement officer was inadvertent, and the incriminating nature 14,169
of the personal property was immediately apparent to the law 14,170
enforcement officer.
(2) For purposes of division (C)(1) of this section, the 14,172
state may request a court of common pleas to issue a warrant that 14,173
authorizes the seizure of property that is subject to civil 14,174
forfeiture under this section, in the same manner as provided in 14,175
Criminal Rule 41 and Chapter 2933. of the Revised Code for the 14,176
332
issuance of a search warrant. Additionally, for purposes of 14,177
division (C)(1) of this section, any proceeding before a court of 14,178
common pleas that involves a request for the issuance of process, 14,179
or a warrant as described in this division, authorizing the 14,180
seizure of any property that is subject to civil forfeiture under 14,181
this section shall be recorded by shorthand, by stenotype, or by 14,182
any other mechanical, electronic, or video recording device. The 14,183
recording of and any transcript of the recording of such a 14,184
proceeding shall not be a public record for purposes of section 14,185
149.43 of the Revised Code until the property has been seized 14,186
pursuant to the process or warrant. This division shall not be 14,187
construed as requiring, authorizing, or permitting, and does not 14,188
require, authorize, or permit, the making available for 14,189
inspection, or the copying, under section 149.43 of the Revised 14,190
Code of any confidential law enforcement investigatory record or 14,191
trial preparation record, as defined in that section. 14,192
(3) If property is seized pursuant to division (C)(1) of 14,194
this section and if a civil action to obtain a civil forfeiture 14,195
under this section, a criminal action that could result in a 14,196
criminal forfeiture under section 2925.42 of the Revised Code, or 14,197
a delinquent child proceeding that could result in a criminal 14,198
forfeiture under that section is not pending at the time of the 14,199
seizure or previously did not occur in connection with the 14,200
property, then the prosecuting attorney of the county in which 14,201
the seizure occurred promptly shall commence a civil action to 14,202
obtain a civil forfeiture under this section in connection with 14,203
the property, unless an indictment, complaint, or information 14,204
alleging the commission of a felony drug abuse offense or a 14,205
complaint, INDICTMENT, OR INFORMATION alleging that a juvenile is 14,207
a delinquent child because of the commission of an act that, if 14,208
committed by an adult, would be a felony drug abuse offense is 14,209
filed prior to the commencement of the civil action. Nothing in 14,210
this division precludes, or shall be construed as precluding, the 14,211
filing of an indictment, complaint, or information alleging the 14,212
333
commission of a felony drug abuse offense or the filing of a 14,213
complaint, INDICTMENT, OR INFORMATION alleging that a juvenile is 14,215
a delinquent child because of the commission of an act that, if 14,216
committed by an adult, would be a felony drug abuse offense, 14,217
after the commencement of a civil action to obtain a civil 14,218
forfeiture under this section.
(D)(1) The filing of an indictment, complaint, or 14,220
information alleging the commission of a felony drug abuse 14,221
offense that also is the basis of a civil action for a civil 14,222
forfeiture under this section, or the filing of a complaint, 14,223
INDICTMENT, OR INFORMATION alleging that a juvenile is a 14,224
delinquent child because of the commission of an act that, if 14,226
committed by an adult, would be a felony drug abuse offense, and 14,227
that also is the basis of a civil action for a civil forfeiture 14,228
under this section, upon the motion of the prosecuting attorney 14,229
of the county in which the indictment, complaint, or information 14,230
or the complaint, INDICTMENT, OR INFORMATION in the delinquent 14,231
child proceeding is filed, shall stay the civil action. 14,232
(2) A civil action to obtain a civil forfeiture under this 14,234
section may be commenced as described in division (E) of this 14,235
section whether or not the adult or juvenile who committed a 14,236
felony drug abuse offense or an act that, if committed by an 14,237
adult, would be a felony drug abuse offense has been charged by 14,238
an indictment, complaint, or information with the commission of 14,239
such an offense or such an act, has pleaded guilty to or been 14,240
found guilty of such an offense, has been determined to be a 14,241
delinquent child for the commission of such an act, has been 14,242
found not guilty of committing such an offense, or has not been 14,243
determined to be a delinquent child for the alleged commission of 14,244
such an act. 14,245
(E)(1) The prosecuting attorney of the county in which 14,247
property described in division (A) of this section is located may 14,248
commence a civil action to obtain a civil forfeiture under this 14,249
section by filing, in the court of common pleas of that county, a 14,250
334
complaint that requests the issuance of an order of civil 14,251
forfeiture of the property to the state. Notices of the action 14,252
shall be served and published in accordance with division (E)(2) 14,253
of this section. 14,254
(2) Prior to or simultaneously with the commencement of 14,256
the civil action as described in division (E)(1) of this section, 14,257
the prosecuting attorney shall conduct or cause to be conducted a 14,258
search of the appropriate public records that relate to the 14,259
property subject to civil forfeiture, and make or cause to be 14,260
made reasonably diligent inquiries, for the purpose of 14,261
identifying persons who have any right, title, or interest in the 14,262
property. The prosecuting attorney then shall cause a notice of 14,263
the commencement of the civil action, together with a copy of the 14,264
complaint filed in it, to be given to each person who is known, 14,265
because of the conduct of the search, the making of the 14,266
inquiries, or otherwise, to have any right, title, or interest in 14,267
the property, by certified mail, return receipt requested, or by 14,268
personal service. Additionally, the prosecuting attorney shall 14,269
cause a similar notice to be published once a week for two 14,270
consecutive weeks in a newspaper of general circulation in the 14,271
county in which the property is located. 14,272
(3) The procedures specified in divisions (F)(3) to (5) of 14,274
section 2925.42 of the Revised Code apply to persons claiming any 14,275
right, title, or interest in property subject to civil forfeiture 14,276
under this section. The references in those divisions to the 14,277
adult offender whose conviction or guilty plea, or the delinquent 14,278
child whose adjudication, is the basis of an order of criminal 14,279
forfeiture shall be construed for purposes of this section to 14,280
mean the adult or juvenile who committed the act that could be 14,281
the basis of an order of civil forfeiture under this section, and 14,282
the references in those divisions to an issued order of criminal 14,283
forfeiture shall be inapplicable. 14,284
(4) A hearing shall be held in the civil action described 14,286
in division (E)(1) of this section at least thirty days after the 14,287
335
final publication of notice as required by division (E)(2) of 14,288
this section and after the date of completion of the service of 14,289
notice by personal service or certified mail, return receipt 14,290
requested, as required by that division. Following the hearing, 14,291
the court shall issue the requested order of civil forfeiture if 14,292
the court determines that the prosecuting attorney has proven, by 14,293
clear and convincing evidence, that the property in question is 14,294
property as described in division (A)(1) or (2) of this section, 14,295
and if the court has disposed of all petitions filed under 14,296
division (E)(3) of this section or no petitions have been so 14,297
filed and the time for filing them has expired. An order of 14,298
civil forfeiture so issued shall state that all right, title, and 14,299
interest in the property in question of the adult or juvenile who 14,300
committed the act that is the basis of the order, is forfeited to 14,301
the state and shall make due provision for the right, title, or 14,302
interest in that property of any other person in accordance with 14,303
any determinations made by the court under division (E)(3) of 14,304
this section and in accordance with divisions (F)(5)(b) and 14,305
(G)(2) of section 2925.42 of the Revised Code. 14,306
(5) Subject to division (G)(2) of section 2925.42 of the 14,308
Revised Code, if a court of common pleas enters an order of civil 14,309
forfeiture in accordance with division (E) of this section, the 14,310
state shall have clear title to the property that is the subject 14,311
of the order and may warrant good title to any subsequent 14,312
purchaser or other transferee. 14,313
Sec. 2929.01. As used in this chapter: 14,323
(A)(1) "Alternative residential facility" means, subject 14,325
to division (A)(2) of this section, any facility other than an 14,326
offender's home or residence in which an offender is assigned to 14,327
live and that satisfies all of the following criteria: 14,328
(a) It provides programs through which the offender may 14,330
seek or maintain employment or may receive education, training, 14,331
treatment, or habilitation. 14,332
(b) It has received the appropriate license or certificate 14,334
336
for any specialized education, training, treatment, habilitation, 14,335
or other service that it provides from the government agency that 14,336
is responsible for licensing or certifying that type of 14,337
education, training, treatment, habilitation, or service. 14,338
(2) "Alternative residential facility" does not include a 14,341
community-based correctional facility, jail, halfway house, or 14,342
prison.
(B) "Bad time" means the time by which the parole board 14,344
administratively extends an offender's stated prison term or 14,345
terms pursuant to section 2967.11 of the Revised Code because the 14,346
parole board finds by clear and convincing evidence that the 14,347
offender, while serving the prison term or terms, committed an 14,348
act that is a criminal offense under the law of this state or the 14,349
United States, whether or not the offender is prosecuted for the 14,351
commission of that act.
(C) "Basic probation supervision" means a requirement that 14,354
the offender maintain contact with a person appointed to 14,356
supervise the offender in accordance with sanctions imposed by 14,357
the court or imposed by the parole board pursuant to section 14,358
2967.28 of the Revised Code. "Basic probation supervision"
includes basic parole supervision and basic post-release control 14,359
supervision. 14,360
(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and 14,362
"unit dose" have the same meanings as in section 2925.01 of the 14,363
Revised Code.
(E) "Community-based correctional facility" means a 14,366
community-based correctional facility and program or district 14,367
community-based correctional facility and program developed 14,368
pursuant to sections 2301.51 to 2301.56 of the Revised Code. 14,369
(F) "Community control sanction" means a sanction that is 14,372
not a prison term and that is described in section 2929.15, 14,373
2929.16, 2929.17, or 2929.18 of the Revised Code. 14,374
(G) March 10, 1998 "Controlled substance," "marihuana," 14,376
"schedule I," and "schedule II" have the same meanings as in 14,377
337
section 3719.01 of the Revised Code. 14,378
(H) "Curfew" means a requirement that an offender during a 14,381
specified period of time be at a designated place. 14,382
(I) "Day reporting" means a sanction pursuant to which an 14,385
offender is required each day to report to and leave a center or 14,386
other approved reporting location at specified times in order to 14,387
participate in work, education or training, treatment, and other 14,388
approved programs at the center or outside the center. 14,389
(J) "Deadly weapon" has the same meaning as in section 14,392
2923.11 of the Revised Code. 14,393
(K) "Drug and alcohol use monitoring" means a program 14,396
under which an offender agrees to submit to random chemical 14,397
analysis of the offender's blood, breath, or urine to determine 14,398
whether the offender has ingested any alcohol or other drugs. 14,399
(L) "Drug treatment program" means any program under which 14,402
a person undergoes assessment and treatment designed to reduce or 14,404
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under 14,405
which the person may be required to receive assessment and 14,407
treatment on an outpatient basis or may be required to reside at 14,408
a facility other than the person's home or residence while
undergoing assessment and treatment. 14,409
(M) "Economic loss" means any economic detriment suffered 14,412
by a victim as a result of the commission of a felony and 14,413
includes any loss of income due to lost time at work because of 14,415
any injury caused to the victim, and any property loss, medical 14,416
cost, or funeral expense incurred as a result of the commission 14,417
of the felony. 14,418
(N) "Education or training" includes study at, or in 14,421
conjunction with a program offered by, a university, college, or 14,422
technical college or vocational study and also includes the 14,423
completion of primary school, secondary school, and literacy 14,424
curricula or their equivalent.
(O) "Electronically monitored house arrest" has the same 14,427
338
meaning as in section 2929.23 of the Revised Code. 14,428
(P) "Eligible offender" has the same meaning as in section 14,431
2929.23 of the Revised Code except as otherwise specified in 14,432
section 2929.20 of the Revised Code. 14,433
(Q) "Firearm" has the same meaning as in section 2923.11 14,436
of the Revised Code.
(R) "Halfway house" means a facility licensed by the 14,439
division of parole and community services of the department of
rehabilitation and correction pursuant to section 2967.14 of the 14,441
Revised Code as a suitable facility for the care and treatment of 14,442
adult offenders.
(S) "House arrest" means a period of confinement of an 14,444
eligible offender that is in the eligible offender's home or in 14,446
other premises specified by the sentencing court or by the parole 14,447
board pursuant to section 2967.28 of the Revised Code, that may 14,448
be electronically monitored house arrest, and during which all of 14,449
the following apply: 14,450
(1) The eligible offender is required to remain in the 14,452
eligible offender's home or other specified premises for the 14,454
specified period of confinement, except for periods of time 14,455
during which the eligible offender is at the eligible offender's 14,456
place of employment or at other premises as authorized by the 14,458
sentencing court or by the parole board.
(2) The eligible offender is required to report 14,461
periodically to a person designated by the court or parole board. 14,462
(3) The eligible offender is subject to any other 14,464
restrictions and requirements that may be imposed by the 14,465
sentencing court or by the parole board. 14,466
(T) "Intensive probation supervision" means a requirement 14,469
that an offender maintain frequent contact with a person 14,470
appointed by the court, or by the parole board pursuant to
section 2967.28 of the Revised Code, to supervise the offender 14,471
while the offender is seeking or maintaining necessary employment 14,472
and participating in training, education, and treatment programs 14,473
339
as required in the court's or parole board's order. "Intensive 14,474
probation supervision" includes intensive parole supervision and 14,475
intensive post-release control supervision. 14,476
(U) "Jail" means a jail, workhouse, minimum security jail, 14,479
or other residential facility used for the confinement of alleged 14,480
or convicted offenders that is operated by a political 14,481
subdivision or a combination of political subdivisions of this 14,482
state.
(V) "Delinquent child" has the same meaning as in section 14,484
2151.02 2152.02 of the Revised Code. 14,485
(W) "License violation report" means a report that is made 14,488
by a sentencing court, or by the parole board pursuant to section 14,489
2967.28 of the Revised Code, to the regulatory or licensing board 14,491
or agency that issued an offender a professional license or a 14,492
license or permit to do business in this state and that specifies 14,493
that the offender has been convicted of or pleaded guilty to an 14,494
offense that may violate the conditions under which the 14,495
offender's professional license or license or permit to do 14,496
business in this state was granted or an offense for which the 14,497
offender's professional license or license or permit to do
business in this state may be revoked or suspended. 14,498
(X) "Major drug offender" means an offender who is 14,501
convicted of or pleads guilty to the possession of, sale of, or 14,502
offer to sell any drug, compound, mixture, preparation, or 14,503
substance that consists of or contains at least one thousand 14,504
grams of hashish; at least one hundred grams of crack cocaine; at 14,505
least one thousand grams of cocaine that is not crack cocaine; at 14,506
least two thousand five hundred unit doses or two hundred fifty 14,507
grams of heroin; at least five thousand unit doses of L.S.D. or 14,509
five hundred grams of L.S.D. in a liquid concentrate, liquid 14,510
extract, or liquid distillate form; or at least one hundred times 14,511
the amount of any other schedule I or II controlled substance 14,513
other than marihuana that is necessary to commit a felony of the 14,514
third degree pursuant to section 2925.03, 2925.04, 2925.05, or 14,515
340
2925.11 of the Revised Code that is based on the possession of, 14,516
sale of, or offer to sell the controlled substance. 14,517
(Y) "Mandatory prison term" means any of the following: 14,520
(1) Subject to division (Y)(2) of this section, the term 14,523
in prison that must be imposed for the offenses or circumstances 14,524
set forth in divisions (F)(1) to (8) or (F)(11) of section 14,525
2929.13 and division (D) of section 2929.14 of the Revised Code. 14,527
Except as provided in sections 2925.02, 2925.03, 2925.04, 14,528
2925.05, and 2925.11 of the Revised Code, unless the maximum or 14,529
another specific term is required under section 2929.14 of the 14,530
Revised Code, a mandatory prison term described in this division 14,531
may be any prison term authorized for the level of offense. 14,532
(2) The term of sixty days in prison that a sentencing 14,535
court is required to impose for a fourth degree felony OMVI 14,536
offense pursuant to division (G)(2) of section 2929.13 and 14,537
division (A)(4) of section 4511.99 of the Revised Code. 14,538
(3) The term in prison imposed pursuant to section 2971.03 14,540
of the Revised Code for the offenses and in the circumstances 14,541
described in division (F)(10) of section 2929.13 of the Revised 14,542
Code and that term as modified or terminated pursuant to section 14,545
2971.05 of the Revised Code.
(Z) "Monitored time" means a period of time during which 14,548
an offender continues to be under the control of the sentencing 14,549
court or parole board, subject to no conditions other than 14,550
leading a law-abiding life.
(AA) "Offender" means a person who, in this state, is 14,553
convicted of or pleads guilty to a felony or a misdemeanor. 14,554
(BB) "Prison" means a residential facility used for the 14,557
confinement of convicted felony offenders that is under the 14,558
control of the department of rehabilitation and correction but 14,559
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code. 14,560
(CC) "Prison term" includes any of the following sanctions 14,563
for an offender:
341
(1) A stated prison term; 14,565
(2) A term in a prison shortened by, or with the approval 14,568
of, the sentencing court pursuant to section 2929.20, 2967.26, 14,569
5120.031, 5120.032, or 5120.073 of the Revised Code; 14,570
(3) A term in prison extended by bad time imposed pursuant 14,573
to section 2967.11 of the Revised Code or imposed for a violation 14,574
of post-release control pursuant to section 2967.28 of the 14,575
Revised Code.
(DD) "Repeat violent offender" means a person about whom 14,578
both of the following apply:
(1) The person has been convicted of or has pleaded guilty 14,581
to, and is being sentenced for committing, for complicity in 14,582
committing, or for an attempt to commit, aggravated murder,
murder, involuntary manslaughter, a felony of the first degree 14,583
other than one set forth in Chapter 2925. of the Revised Code, a 14,585
felony of the first degree set forth in Chapter 2925. of the 14,586
Revised Code that involved an attempt to cause serious physical 14,587
harm to a person or that resulted in serious physical harm to a 14,588
person, or a felony of the second degree that involved an attempt 14,589
to cause serious physical harm to a person or that resulted in 14,591
serious physical harm to a person.
(2) Either of the following applies: 14,593
(a) The person previously was convicted of or pleaded 14,595
guilty to, and served a prison term for, any of the following: 14,596
(i) Aggravated murder, murder, involuntary manslaughter, 14,598
rape, felonious sexual penetration as it existed under section 14,600
2907.12 of the Revised Code prior to September 3, 1996, a felony 14,601
of the first or second degree that resulted in the death of a 14,602
person or in physical harm to a person, or complicity in or an
attempt to commit any of those offenses; 14,603
(ii) An offense under an existing or former law of this 14,606
state, another state, or the United States that is or was 14,607
substantially equivalent to an offense listed under division 14,608
(DD)(2)(a)(i) of this section and that resulted in the death of a 14,609
342
person or in physical harm to a person.
(b) The person previously was adjudicated a delinquent 14,611
child for committing an act that if committed by an adult would 14,612
have been an offense listed in division (DD)(2)(a)(i) or (ii) of 14,614
this section, AND the person was committed to the department of 14,615
youth services for that delinquent act, and the juvenile court in 14,617
which the person was adjudicated a delinquent child made a 14,619
specific finding that the adjudication should be considered a 14,621
conviction for purposes of a determination in the future pursuant
to this chapter as to whether the person is a repeat violent 14,622
offender.
(EE) "Sanction" means any penalty imposed upon an offender 14,625
who is convicted of or pleads guilty to an offense, as punishment 14,626
for the offense. "Sanction" includes any sanction imposed 14,627
pursuant to any provision of sections 2929.14 to 2929.18 of the 14,628
Revised Code.
(FF) "Sentence" means the sanction or combination of 14,631
sanctions imposed by the sentencing court on an offender who is 14,632
convicted of or pleads guilty to a felony.
(GG) "Stated prison term" means the prison term, mandatory 14,635
prison term, or combination of all prison terms and mandatory 14,636
prison terms imposed by the sentencing court pursuant to section 14,637
2929.14 or 2971.03 of the Revised Code. "Stated prison term" 14,638
includes any credit received by the offender for time spent in 14,639
jail awaiting trial, sentencing, or transfer to prison for the 14,640
offense and any time spent under house arrest or electronically 14,641
monitored house arrest imposed after earning credits pursuant to 14,642
section 2967.193 of the Revised Code. 14,643
(HH) "Victim-offender mediation" means a reconciliation or 14,646
mediation program that involves an offender and the victim of the 14,647
offense committed by the offender and that includes a meeting in 14,648
which the offender and the victim may discuss the offense, 14,649
discuss restitution, and consider other sanctions for the 14,650
offense.
343
(II) "Fourth degree felony OMVI offense" means a violation 14,653
of division (A) of section 4511.19 of the Revised Code that, 14,655
under section 4511.99 of the Revised Code, is a felony of the 14,657
fourth degree.
(JJ) "Mandatory term of local incarceration" means the 14,660
term of sixty days in a jail, a community-based correctional 14,661
facility, a halfway house, or an alternative residential facility 14,662
that a sentencing court is required to impose upon a person who 14,663
is convicted of or pleads guilty to a fourth degree felony OMVI 14,664
offense pursuant to division (G)(1) of section 2929.13 of the 14,665
Revised Code and division (A)(4) of section 4511.99 of the
Revised Code. 14,666
(KK) "Designated homicide, assault, or kidnapping 14,668
offense," "sexual motivation specification," "sexually violent 14,669
offense," "sexually violent predator," and "sexually violent 14,670
predator specification" have the same meanings as in section 14,671
2971.01 of the Revised Code.
(LL) "Habitual sex offender," "sexually oriented offense," 14,674
and "sexual predator" have the same meanings as in section
2950.01 of the Revised Code. 14,675
(NN)(MM) An offense is "committed in the vicinity of a 14,677
child" if the offender commits the offense within thirty feet of 14,678
or within the same residential unit as a child who is under 14,680
eighteen years of age, regardless of whether the offender knows
the age of the child or whether the offender knows the offense is 14,681
being committed within thirty feet of or within the same 14,682
residential unit as the child and regardless of whether the child 14,683
actually views the commission of the offense. 14,684
(OO)(NN) "Family or household member" has the same meaning 14,686
as in section 2919.25 of the Revised Code. 14,687
(MM)(OO) "Motor vehicle" and "manufactured home" have the 14,689
same meanings as in section 4501.01 of the Revised Code. 14,690
(NN)(PP) "Detention" and "detention facility" have the 14,692
same meanings as in section 2921.01 of the Revised Code. 14,693
344
Sec. 2929.12. (A) Unless otherwise required by section 14,702
2929.13 or 2929.14 of the Revised Code, a court that imposes a 14,704
sentence under this chapter upon an offender for a felony has
discretion to determine the most effective way to comply with the 14,706
purposes and principles of sentencing set forth in section 14,707
2929.11 of the Revised Code. In exercising that discretion, the 14,708
court shall consider the factors set forth in divisions (B) and 14,709
(C) of this section relating to the seriousness of the conduct 14,711
and the factors provided in divisions (D) and (E) of this section 14,712
relating to the likelihood of the offender's recidivism and, in 14,713
addition, may consider any other factors that are relevant to 14,714
achieving those purposes and principles of sentencing. 14,715
(B) The sentencing court shall consider all of the 14,718
following that apply regarding the offender, the offense, or the
victim, and any other relevant factors, as indicating that the 14,719
offender's conduct is more serious than conduct normally 14,720
constituting the offense: 14,721
(1) The physical or mental injury suffered by the victim 14,724
of the offense due to the conduct of the offender was exacerbated 14,725
because of the physical or mental condition or age of the victim. 14,726
(2) The victim of the offense suffered serious physical, 14,729
psychological, or economic harm as a result of the offense. 14,730
(3) The offender held a public office or position of trust 14,733
in the community, and the offense related to that office or
position. 14,734
(4) The offender's occupation, elected office, or 14,736
profession obliged the offender to prevent the offense or bring 14,737
others committing it to justice. 14,738
(5) The offender's professional reputation or occupation, 14,741
elected office, or profession was used to facilitate the offense 14,742
or is likely to influence the future conduct of others. 14,743
(6) The offender's relationship with the victim 14,745
facilitated the offense. 14,746
(7) The offender committed the offense for hire or as a 14,748
345
part of an organized criminal activity. 14,749
(8) In committing the offense, the offender was motivated 14,752
by prejudice based on race, ethnic background, gender, sexual
orientation, or religion. 14,753
(9) If the offense is a violation of section 2919.25 or a 14,755
violation of section 2903.11, 2903.12, or 2903.13 of the Revised 14,756
Code involving a person who was a family or household member at 14,757
the time of the violation, the offender committed the offense in 14,758
the vicinity of one or more children who are not victims of the 14,759
offense, and the offender or the victim of the offense is a
parent, guardian, custodian, or person in loco parentis of one or 14,760
more of those children. 14,761
(C) The sentencing court shall consider all of the 14,763
following that apply regarding the offender, the offense, or the 14,764
victim, and any other relevant factors, as indicating that the 14,765
offender's conduct is less serious than conduct normally 14,766
constituting the offense:
(1) The victim induced or facilitated the offense. 14,768
(2) In committing the offense, the offender acted under 14,770
strong provocation. 14,771
(3) In committing the offense, the offender did not cause 14,774
or expect to cause physical harm to any person or property.
(4) There are substantial grounds to mitigate the 14,776
offender's conduct, although the grounds are not enough to 14,777
constitute a defense. 14,778
(D) The sentencing court shall consider all of the 14,780
following that apply regarding the offender, and any other 14,781
relevant factors, as factors indicating that the offender is 14,783
likely to commit future crimes:
(1) At the time of committing the offense, the offender 14,785
was under release from confinement before trial or sentencing, 14,786
under a sanction imposed pursuant to section 2929.16, 2929.17, or 14,787
2929.18 of the Revised Code, or under post-release control 14,789
pursuant to section 2967.28 or any other provision of the Revised 14,790
346
Code for an earlier offense. 14,791
(2) The offender previously was adjudicated a delinquent 14,794
child pursuant to Chapter 2151. of the Revised Code PRIOR TO THE 14,795
EFFECTIVE DATE OF THIS AMENDMENT OR PURSUANT TO CHAPTER 2152. OF 14,796
THE REVISED CODE, or the offender has a history of criminal 14,797
convictions.
(3) The offender has not been rehabilitated to a 14,799
satisfactory degree after previously being adjudicated a 14,800
delinquent child pursuant to Chapter 2151. of the Revised Code 14,802
PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT OR PURSUANT TO 14,803
CHAPTER 2152. OF THE REVISED CODE, or the offender has not
responded favorably to sanctions previously imposed for criminal 14,804
convictions. 14,805
(4) The offender has demonstrated a pattern of drug or 14,807
alcohol abuse that is related to the offense, and the offender 14,808
refuses to acknowledge that the offender has demonstrated that 14,809
pattern, or the offender refuses treatment for the drug or 14,810
alcohol abuse.
(5) The offender shows no genuine remorse for the offense. 14,812
(E) The sentencing court shall consider all of the 14,814
following that apply regarding the offender, and any other 14,815
relevant factors, as factors indicating that the offender is not 14,816
likely to commit future crimes:
(1) Prior to committing the offense, the offender had not 14,818
been adjudicated a delinquent child. 14,819
(2) Prior to committing the offense, the offender had not 14,821
been convicted of or pleaded guilty to a criminal offense. 14,822
(3) Prior to committing the offense, the offender had led 14,825
a law-abiding life for a significant number of years.
(4) The offense was committed under circumstances not 14,828
likely to recur.
(5) The offender shows genuine remorse for the offense. 14,830
Sec. 2929.23. (A) As used in this section: 14,840
(1) "Electronic monitoring device" means either ANY of the 14,842
347
following: 14,843
(a) Any device that can be operated by electrical or 14,845
battery power and that conforms with all of the following: 14,846
(i) The device has a transmitter that can be attached to a 14,848
person, that will transmit a specified signal to a receiver of 14,849
the type described in division (A)(1)(a)(ii) of this section if 14,850
the transmitter is removed from the person, turned off, or 14,851
altered in any manner without prior court approval in relation to 14,852
electronically monitored house arrest or electronically monitored 14,853
house detention or without prior approval of the department of 14,854
rehabilitation and correction in relation to the use of an 14,855
electronic monitoring device for an inmate on transitional 14,857
control or otherwise is tampered with, that can transmit 14,858
continuously and periodically a signal to that receiver when the 14,859
person is within a specified distance from the receiver, and that 14,860
can transmit an appropriate signal to that receiver if the person 14,861
to whom it is attached travels a specified distance from that 14,862
receiver.
(ii) The device has a receiver that can receive 14,864
continuously the signals transmitted by a transmitter of the type 14,865
described in division (A)(1)(a)(i) of this section, can transmit 14,866
continuously those signals by telephone to a central monitoring 14,867
computer of the type described in division (A)(1)(a)(iii) of this 14,868
section, and can transmit continuously an appropriate signal to 14,869
that central monitoring computer if the receiver is turned off or 14,870
altered without prior court approval or otherwise tampered with. 14,871
(iii) The device has a central monitoring computer that 14,873
can receive continuously the signals transmitted by telephone by 14,874
a receiver of the type described in division (A)(1)(a)(ii) of 14,875
this section and can monitor continuously the person to whom an 14,876
electronic monitoring device of the type described in division 14,877
(A)(1)(a) of this section is attached. 14,878
(b) Any device that is not a device of the type described 14,880
in division (A)(1)(a) of this section and that conforms with all 14,881
348
of the following: 14,882
(i) The device includes a transmitter and receiver that 14,884
can monitor and determine the location of a subject person at any 14,885
time, or at a designated point in time, through the use of a 14,886
central monitoring computer or through other electronic means; 14,887
(ii) The device includes a transmitter and receiver that 14,889
can determine at any time, or at a designated point in time, 14,890
through the use of a central monitoring computer or other 14,891
electronic means the fact that the transmitter is turned off or 14,892
altered in any manner without prior approval of the court in 14,893
relation to electronically monitored house arrest or 14,894
electronically monitored house detention or without prior 14,895
approval of the department of rehabilitation and correction in 14,896
relation to the use of an electronic monitoring device for an 14,898
inmate on transitional control or otherwise is tampered with. 14,900
(c) ANY TYPE OF TECHNOLOGY THAT CAN ADEQUATELY TRACK OR 14,902
DETERMINE THE LOCATION OF A SUBJECT PERSON AT ANY TIME AND THAT 14,903
IS APPROVED BY THE DIRECTOR OF REHABILITATION AND CORRECTION, 14,904
INCLUDING, BUT NOT LIMITED TO, ANY SATELLITE TECHNOLOGY, VOICE 14,905
TRACKING SYSTEM, OR RETINAL SCANNING SYSTEM THAT IS SO APPROVED. 14,906
(2) "Certified electronic monitoring device" means an 14,908
electronic monitoring device that has been certified by the 14,909
superintendent of the bureau of criminal identification and 14,910
investigation pursuant to division (C)(1) of this section. 14,911
(3) "Eligible offender" means a person who has been 14,913
convicted of or pleaded guilty to any offense, except that a 14,914
person is not an "eligible offender" if any of the following 14,916
apply in relation to the person, the offense, or the person and 14,917
the offense: 14,918
(a) The person is subject to or is serving a term of life 14,920
imprisonment.
(b) The person is subject to or is serving a mandatory 14,922
prison term imposed under division (F) of section 2929.13, 14,923
division (D) of section 2929.14, or any other section of the 14,924
349
Revised Code, provided that, after the person has served all of 14,925
the mandatory prison terms so imposed, the person may be an 14,926
eligible offender unless excluded by division (A)(3)(a), (c) or 14,927
(d) of this section. 14,928
(c) The offense is a violation of division (A) of section 14,931
4511.19 of the Revised Code, and the offender is sentenced for
that offense pursuant to division (G)(1) of section 2929.13 of 14,932
the Revised Code and is serving the mandatory term of local 14,934
incarceration of sixty consecutive days of imprisonment imposed 14,935
under that division, provided that, after the person has served 14,936
all of the mandatory term of local incarceration so imposed, the
person may be an eligible offender unless excluded by division 14,937
(A)(3)(a), (b), or (d) of this section. 14,939
(d) The offense is a violation of division (A) of section 14,942
4511.19 of the Revised Code, and the person is sentenced for that 14,943
offense pursuant to division (G)(2) of section 2929.13 of the 14,944
Revised Code. 14,945
(4) "Electronically monitored house arrest" means a period 14,947
of confinement of an eligible offender in the eligible offender's 14,949
home or in other premises specified by the sentencing court OR A 14,950
PERIOD OF CONFINEMENT OF A DELINQUENT CHILD IN THE CHILD'S HOME 14,951
OR IN OTHER PREMISES SPECIFIED BY THE JUVENILE COURT, during 14,952
which period of confinement all of the following apply: 14,953
(a) The eligible offender OR CHILD wears, otherwise has 14,955
attached to the eligible offender's OR CHILD'S person, or 14,956
otherwise is subject to monitoring by a certified electronic 14,958
monitoring device, or the eligible offender OR CHILD is subject 14,959
to monitoring by a certified electronic monitoring system; 14,960
(b) The eligible offender OR CHILD is required to remain 14,962
in the eligible offender's OR CHILD'S home or other premises 14,964
specified by the sentencing court OR JUVENILE COURT for the 14,965
specified period of confinement, except for periods of time 14,966
during which the eligible offender OR CHILD is at the eligible 14,968
offender's place of employment, AT SCHOOL, or at other premises 14,971
350
as authorized by the sentencing court OR JUVENILE COURT;
(c) The eligible offender OR CHILD is subject to 14,973
monitoring by a central system that monitors the certified 14,974
electronic monitoring device that is attached to the eligible 14,975
offender's OR CHILD'S person or that otherwise is being used to 14,977
monitor the eligible offender OR CHILD and that can monitor and 14,978
determine the eligible offender's OR CHILD'S location at any time
or at a designated point in time, or the eligible offender OR 14,980
CHILD is required to participate in monitoring by a certified 14,981
electronic monitoring system; 14,982
(d) The eligible offender OR CHILD is required by the 14,984
sentencing court OR JUVENILE COURT to report periodically to a 14,985
person designated by the court; 14,986
(e) The eligible offender OR CHILD is subject to any other 14,988
restrictions and requirements that may be imposed by the 14,989
sentencing court OR JUVENILE COURT. 14,990
(5) "Electronic monitoring system" means a system by which 14,992
the location of an eligible offender can be verified 14,993
telephonically through the use of voice-activated voice response 14,994
technology that conforms with all of the following: 14,995
(a) It can be programmed to call the telephone or 14,997
telephones assigned to the eligible offender who is the subject 14,999
of the monitoring as often as necessary; 15,000
(b) It is equipped with a voice recognition system that 15,002
can work accurately and reliably under the anticipated conditions 15,003
in which it will operate; 15,004
(c) It is equipped to perform an alarm function if the 15,006
eligible offender who is the subject of monitoring does not 15,008
respond to system commands in the manner required. 15,009
(6) "Certified electronic monitoring system" means an 15,011
electronic monitoring system that has been certified by the 15,012
superintendent of the bureau of criminal identification and 15,013
investigation pursuant to division (C)(1) of this section. 15,014
(7) "Electronically monitored house detention" has the 15,016
351
same meaning as in section 2151.355 of the Revised Code. 15,017
(8) "Transitional control" means the program of 15,020
transitional control established by the department of 15,021
rehabilitation and correction under section 2967.26 of the 15,022
Revised Code, if the department establishes a program of that 15,023
nature under that section.
(B)(1) Any court may impose as a sanction pursuant to 15,025
sections 2929.15 and 2929.17 of the Revised Code a period of 15,026
electronically monitored house arrest upon an eligible offender 15,027
who is convicted of or pleads guilty to a felony, except that the 15,028
total of any period of electronically monitored house arrest 15,029
imposed upon that eligible offender plus the period of all other 15,030
sanctions imposed upon the same eligible offender pursuant to 15,031
sections 2929.15, 2929.16, 2929.17, and 2929.18 of the Revised 15,032
Code shall not exceed five years. Any court may impose a period 15,033
of electronically monitored house arrest upon an eligible 15,034
offender who is convicted of or pleads guilty to a misdemeanor in 15,035
addition to or in lieu of any other sentence imposed or 15,036
authorized for the offense, except that the total of any period 15,037
of electronically monitored house arrest imposed upon that 15,038
eligible offender plus the period of any sentence of imprisonment 15,039
imposed upon the same eligible offender shall not exceed the 15,040
maximum term of imprisonment that could be imposed upon the 15,041
eligible offender pursuant to section 2929.21 of the Revised Code 15,042
and except that, if the offense for which an eligible offender is 15,043
being sentenced is a violation of division (A) of section 4511.19 15,044
or of division (D)(2) of section 4507.02 of the Revised Code, the 15,045
court may impose a period of electronically monitored house 15,046
arrest upon the eligible offender only when authorized by and 15,047
only in the circumstances described in division (A) of section 15,048
4511.99 or division (B) of section 4507.99 of the Revised Code. 15,049
If a court imposes a period of electronically monitored 15,051
house arrest upon an eligible offender, it shall require the 15,052
eligible offender to wear, otherwise have attached to the 15,053
352
eligible offender's person, or otherwise be subject to monitoring 15,055
by a certified electronic monitoring device or to participate in 15,056
the operation of and monitoring by a certified electronic 15,057
monitoring system; to remain in the eligible offender's home or 15,058
other specified premises for the entire period of electronically 15,060
monitored house arrest except when the court permits the eligible 15,061
offender to leave those premises to go to the eligible offender's 15,062
place of employment or to other specified premises; to be 15,063
monitored by a central system that monitors the certified 15,064
electronic monitoring device that is attached to the eligible 15,065
offender's person or that otherwise is being used to monitor the 15,067
eligible offender and that can monitor and determine the eligible 15,069
offender's location at any time or at a designated point in time 15,071
or to be monitored by the certified electronic monitoring system; 15,072
to report periodically to a person designated by the court; and, 15,073
in return for receiving a period of electronically monitored 15,074
house arrest, to enter into a written contract with the court 15,075
agreeing to comply with all restrictions and requirements imposed 15,076
by the court, agreeing to pay any fee imposed by the court for 15,077
the costs of the electronically monitored house arrest imposed by 15,078
the court pursuant to division (E) of this section, and agreeing 15,079
to waive the right to receive credit for any time served on 15,080
electronically monitored house arrest toward any prison term or
sentence of imprisonment imposed upon the eligible offender for 15,082
the offense for which the period of electronically monitored 15,083
house arrest was imposed if the eligible offender violates any of 15,084
the restrictions or requirements of the period of electronically 15,086
monitored house arrest, and additionally, it may impose any other 15,087
reasonable restrictions and requirements upon the eligible 15,088
offender.
(2) If an eligible offender violates any of the 15,090
restrictions or requirements imposed upon the eligible offender 15,091
as part of the eligible offender's period of electronically 15,093
monitored house arrest, the eligible offender shall not receive 15,094
353
credit for any time served on electronically monitored house 15,095
arrest toward any prison term or sentence of imprisonment imposed 15,096
upon the eligible offender for the offense for which the period 15,098
of electronically monitored house arrest was imposed. 15,099
(C)(1) The superintendent of the bureau of criminal 15,101
identification and investigation, in accordance with this section 15,102
and rules adopted by the superintendent pursuant to division 15,103
(C)(2) of this section, shall certify for use in cases of 15,104
electronically monitored house arrest, in electronically 15,105
monitored house detention, and in relation to an inmate on 15,107
transitional control specific types and brands of electronic 15,108
monitoring devices and electronic monitoring systems that comply 15,109
with the requirements of this section, section 5120.073 of the 15,110
Revised Code, and those rules. Any manufacturer that, pursuant 15,111
to this division, seeks to obtain the certification of any type 15,112
or brand of electronic monitoring device or electronic monitoring 15,113
system shall submit to the superintendent an application for 15,114
certification in accordance with those rules together with the 15,115
application fee and costs of certification as required by those 15,116
rules. The superintendent shall not certify any electronic 15,117
monitoring device or electronic monitoring system pursuant to 15,118
this division unless the application fee and costs have been paid 15,119
to the superintendent.
(2) The superintendent, in accordance with Chapter 119. of 15,121
the Revised Code, shall adopt rules for certifying specific types 15,122
and brands of electronic monitoring devices and electronic 15,123
monitoring systems for use in electronically monitored house 15,124
arrest, in electronically monitored house detention, and in 15,126
relation to an inmate on transitional control. The rules shall 15,127
set forth the requirements for obtaining the certification, the 15,128
application fee and other costs for obtaining the certification, 15,129
the procedure for applying for certification, and any other 15,130
requirements and procedures considered necessary by the 15,131
superintendent. The rules shall require that no type or brand of 15,132
354
electronic monitoring device or electronic monitoring system be 15,133
certified unless the type or brand of device or system complies 15,134
with whichever of the following is applicable, in addition to any 15,135
other requirements specified by the superintendent: 15,136
(a) For electronic monitoring devices of the type 15,138
described in division (A)(1)(a) of this section, the type or 15,139
brand of device complies with all of the following: 15,140
(i) It has a transmitter of the type described in division 15,142
(A)(1)(a)(i) of this section, a receiver of the type described in 15,143
division (A)(1)(a)(ii) of this section, and a central monitoring 15,144
computer of the type described in division (A)(1)(a)(iii) of this 15,145
section; 15,146
(ii) Its transmitter can be worn by or attached to a 15,148
person with a minimum of discomfort during normal activities, is 15,149
difficult to remove, turn off, or otherwise alter without prior 15,150
court approval in relation to electronically monitored house 15,151
arrest or electronically monitored house detention or prior 15,152
approval of the department of rehabilitation and correction in 15,153
relation to the use of an electronic monitoring device for an 15,155
inmate on transitional control, and will transmit a specified 15,157
signal to the receiver if it is removed, turned off, altered, or 15,158
otherwise tampered with;
(iii) Its receiver is difficult to turn off or alter and 15,160
will transmit a signal to the central monitoring computer if it 15,161
is turned off, altered, or otherwise tampered with; 15,162
(iv) Its central monitoring computer is difficult to 15,164
circumvent; 15,165
(v) Its transmitter, receiver, and central monitoring 15,167
computer work accurately and reliably under the anticipated 15,168
conditions under which electronically monitored house arrest or 15,169
electronically monitored house detention will be imposed by 15,170
courts or under which an electronic monitoring device will be 15,173
used by the department of rehabilitation and correction in
relation to an inmate on transitional control; 15,174
355
(vi) It has a backup battery power supply that operates 15,176
automatically when the main source of electrical or battery power 15,177
for the device fails. 15,178
(b) For electronic monitoring devices of the type 15,180
described in division (A)(1)(b) of this section, the type or 15,181
brand of device complies with all of the following: 15,182
(i) It has a transmitter and receiver of the type 15,184
described in divisions (A)(1)(b)(i) and (ii) of this section. 15,185
(ii) Its transmitter is difficult to turn off or alter 15,187
without prior court approval in relation to electronically 15,188
monitored house arrest or electronically monitored house 15,189
detention or without prior approval of the department of 15,190
rehabilitation and correction in relation to the use of an 15,191
electronic monitoring device for an inmate on transitional 15,193
control, and, if the transmitter is turned off or altered in any 15,195
manner without prior approval of the court or department or 15,196
otherwise is tampered with, the fact that it has been turned off, 15,197
altered, or tampered with can be determined at any time, or at a 15,198
designated point in time, through the use of a central monitoring 15,199
computer or through other electronic means.
(iii) Its receiver is difficult to turn off or alter, and, 15,201
if the receiver is turned off, altered, or otherwise tampered 15,202
with, the fact that it has been turned off, altered, or tampered 15,203
with can be determined at any time, or at a designated point in 15,204
time, through the use of a central monitoring computer or through 15,205
other electronic means. 15,206
(iv) Its central monitoring computer or other means of 15,208
electronic monitoring is difficult to circumvent. 15,209
(v) Its transmitter, receiver, and central monitoring 15,211
computer or other means of electronic monitoring work accurately 15,212
and reliably under the anticipated conditions under which 15,213
electronically monitored house arrest or electronically monitored 15,215
house detention will be used, or under which an electronic 15,216
monitoring device will be used by the department of 15,218
356
rehabilitation and correction in relation to an inmate on 15,219
transitional control.
(vi) If it operates on electrical or battery power, it has 15,221
a backup battery power supply that operates automatically when 15,222
the main source of electrical or battery power for the device 15,223
fails, or, if it does not operate on electrical or battery power, 15,224
it has a backup method of operation so that it will continue to 15,225
operate if its main method of operation fails. 15,226
(c) For electronic monitoring systems, the type or brand 15,228
of system complies with all of the following: 15,229
(i) It can be programmed to call the telephone or 15,231
telephones assigned to the person who is the subject of the 15,232
monitoring as often as necessary; 15,233
(ii) It is equipped with a voice recognition system that 15,235
can work accurately and reliably under the anticipated conditions 15,236
in which it will operate; 15,237
(iii) It is equipped to perform an alarm function if the 15,239
person who is the subject of the monitoring does not respond to 15,240
system commands in the manner required. 15,241
(3) The superintendent shall publish and make available to 15,243
all courts and to the department of rehabilitation and 15,244
correction, without charge, a list of all types and brands of 15,245
electronic monitoring devices and electronic monitoring systems 15,246
that have been certified by the superintendent pursuant to 15,247
division (C)(1) of this section and information about the 15,248
manufacturers of the certified devices and systems and places at 15,249
which the devices and systems can be obtained. 15,250
(D) The superintendent of the bureau of criminal 15,252
identification and investigation shall deposit all costs and fees 15,253
collected pursuant to division (C) of this section into the 15,255
general revenue fund.
(E)(1) Each county in which is located a court that 15,257
imposes a period of electronically monitored house arrest or 15,258
electronically monitored house detention as a sentencing sanction 15,259
357
or alternative may establish in the county treasury an 15,261
electronically monitored house arrest and detention fund. The 15,262
clerk of each court that uses that sentencing sanction or 15,263
alternative may deposit into the fund all fees collected from 15,265
eligible offenders upon whom electronically monitored house 15,266
arrest or detention is imposed pursuant to this section, section 15,267
2151.355 2152.19, or any other section of the Revised Code that 15,269
specifically authorizes the imposition of electronically 15,270
monitored house arrest or detention. Each court that imposes 15,271
electronically monitored house arrest or detention may adopt by 15,272
local court rule a reasonable daily fee to be paid by each 15,274
eligible offender upon whom a period of electronically monitored
house arrest or detention is imposed as a sentencing sanction or 15,275
alternative. The fee may include the actual costs of providing 15,278
house arrest or detention and an additional amount necessary to 15,280
enable the court to provide electronically monitored house arrest 15,281
or detention to indigent eligible offenders. The fund may be 15,282
used only for the payment of the costs of electronically 15,283
monitored house arrest or detention, including, but not limited 15,284
to, the costs of electronically monitored house arrest or 15,285
detention for indigent eligible offenders.
(2) If a fee is adopted pursuant to division (E)(1) of 15,287
this section, it shall be in addition to any fine specifically 15,288
authorized or required by any other section of the Revised Code 15,289
for an eligible offender upon whom a period of electronically 15,290
monitored house arrest or detention is imposed as a sentencing 15,291
sanction or alternative. 15,292
Sec. 2938.02. The provisions of Chapter 2938. of the 15,301
Revised Code shall apply to trial on the merits of any 15,302
misdemeanor, ordinance offense, prosecution for the violation of 15,303
any rule or regulation of any governmental body authorized to
adopt penal regulations, or to complaints to keep the peace, 15,304
which may be instituted in and retained for trial on the merits 15,305
in any court or before any magistrate inferior to the court of 15,306
358
common pleas; provided that in juvenile courts, where the conduct 15,307
of any person under the age of eighteen years is made the subject 15,308
of inquiry and for which special provision is made by Chapter
2151. OR 2152. of the Revised Code, such matters shall be tried, 15,310
adjusted, or disposed of pursuant to Chapter 2151. OR 2152. of 15,311
the Revised Code.
Sec. 2941.141. (A) Imposition of a one-year mandatory 15,320
prison term upon an offender under division (D)(1)(a) of section 15,321
2929.14 of the Revised Code is precluded unless the indictment, 15,322
count in the indictment, or information charging the offense 15,324
specifies that the offender had a firearm on or about the 15,325
offender's person or under the offender's control while 15,326
committing the offense. The specification shall be stated at the 15,327
end of the body of the indictment, count, or information, and 15,328
shall be in substantially the following form: 15,329
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 15,332
Grand Jurors (or insert the person's or the prosecuting
attorney's name when appropriate) further find and specify that 15,333
(set forth that the offender had a firearm on or about the 15,334
offender's person or under the offender's control while 15,335
committing the offense.)" 15,336
(B) Imposition of a one-year mandatory prison term upon an 15,338
offender under division (D)(1)(a) of section 2929.14 of the 15,339
Revised Code is precluded if a court imposes a three-year or 15,341
six-year mandatory prison term on the offender under that 15,342
division relative to the same felony.
(C) THE SPECIFICATION DESCRIBED IN DIVISION (A) OF THIS 15,344
SECTION MAY BE USED IN A DELINQUENT CHILD PROCEEDING IN THE 15,345
MANNER AND FOR THE PURPOSE DESCRIBED IN SECTION 2152.17 OF THE 15,346
REVISED CODE.
(D) As used in this section, "firearm" has the same 15,348
meaning as in section 2923.11 of the Revised Code. 15,349
Sec. 2941.142. (A) Imposition of a mandatory prison term 15,358
of one, two, or three years pursuant to division (I) of section 15,360
359
2929.14 of the Revised Code upon an offender who committed a 15,363
felony that is an offense of violence while participating in a 15,365
criminal gang is precluded unless the indictment, count in the 15,366
indictment, or information charging the felony specifies that the 15,367
offender committed the felony that is an offense of violence 15,368
while participating in a criminal gang. The specification shall 15,370
be stated at the end of the body of the indictment, count, or 15,371
information, and shall be in substantially the following form: 15,372
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 15,375
grand jurors (or insert the person's or the prosecuting
attorney's name when appropriate) further find and specify that 15,377
(set forth that the offender committed the felony that is an 15,378
offense of violence while participating in a criminal gang.)" 15,380
(B) THE SPECIFICATION DESCRIBED IN DIVISION (A) OF THIS 15,382
SECTION MAY BE USED IN A DELINQUENT CHILD PROCEEDING IN THE 15,383
MANNER AND FOR THE PURPOSE DESCRIBED IN SECTION 2152.17 OF THE 15,384
REVISED CODE.
(C) As used in this section, "criminal gang" has the same 15,386
meaning as in section 2923.41 of the Revised Code. 15,387
Sec. 2941.144. (A) Imposition of a six-year mandatory 15,396
prison term upon an offender under division (D)(1)(a) of section 15,397
2929.14 of the Revised Code is precluded unless the indictment, 15,399
count in the indictment, or information charging the offense
specifies that the offender had a firearm that is an automatic 15,400
firearm or that was equipped with a firearm muffler or silencer 15,401
on or about the offender's person or under the offender's control 15,402
while committing the offense. The specification shall be stated 15,404
at the end of the body of the indictment, count, or information 15,405
and shall be stated in substantially the following form: 15,406
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 15,408
Grand Jurors (or insert the person's or the prosecuting 15,409
attorney's name when appropriate) further find and specify that 15,410
(set forth that the offender had a firearm that is an automatic 15,411
firearm or that was equipped with a firearm muffler or silencer 15,412
360
on or about the offender's person or under the offender's control 15,413
while committing the offense)." 15,414
(B) Imposition of a six-year mandatory prison term upon an 15,416
offender under division (D)(1)(a) of section 2929.14 of the 15,417
Revised Code is precluded if a court imposes a three-year or 15,419
one-year mandatory prison term on the offender under that 15,420
division relative to the same felony.
(C) THE SPECIFICATION DESCRIBED IN DIVISION (A) OF THIS 15,422
SECTION MAY BE USED IN A DELINQUENT CHILD PROCEEDING IN THE 15,423
MANNER AND FOR THE PURPOSE DESCRIBED IN SECTION 2152.17 OF THE 15,424
REVISED CODE.
(D) As used in this section, "firearm" and "automatic 15,426
firearm" have the same meanings as in section 2923.11 of the 15,427
Revised Code.
Sec. 2941.145. (A) Imposition of a three-year mandatory 15,437
prison term upon an offender under division (D)(1)(a) of section 15,438
2929.14 of the Revised Code is precluded unless the indictment, 15,440
count in the indictment, or information charging the offense 15,442
specifies that the offender had a firearm on or about the
offender's person or under the offender's control while 15,443
committing the offense and displayed the firearm, brandished the 15,444
firearm, indicated that the offender possessed the firearm, or 15,445
used it to facilitate the offense. The specification shall be 15,446
stated at the end of the body of the indictment, count, or 15,447
information, and shall be stated in substantially the following 15,449
form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 15,452
Grand Jurors (or insert the person's or the prosecuting 15,453
attorney's name when appropriate) further find and specify that 15,454
(set forth that the offender had a firearm on or about the 15,455
offender's person or under the offender's control while 15,456
committing the offense and displayed the firearm, brandished the
firearm, indicated that the offender possessed the firearm, or 15,457
used it to facilitate the offense)." 15,458
361
(B) Imposition of a three-year mandatory prison term upon 15,460
an offender under division (D)(1)(a) of section 2929.14 of the 15,462
Revised Code is precluded if a court imposes a one-year or 15,463
six-year mandatory prison term on the offender under that
division relative to the same felony. 15,464
(C) THE SPECIFICATION DESCRIBED IN DIVISION (A) OF THIS 15,466
SECTION MAY BE USED IN A DELINQUENT CHILD PROCEEDING IN THE 15,467
MANNER AND FOR THE PURPOSE DESCRIBED IN SECTION 2152.17 OF THE 15,468
REVISED CODE.
(D) As used in this section, "firearm" has the same 15,470
meaning as in section 2923.11 of the Revised Code. 15,472
Sec. 2941.146. (A) Imposition of a mandatory five-year 15,481
prison term upon an offender under division (D)(1)(c) of section 15,483
2929.14 of the Revised Code for committing a violation of section 15,484
2923.161 of the Revised Code or for committing a felony that 15,485
includes, as an essential element, purposely or knowingly causing 15,486
or attempting to cause the death of or physical harm to another 15,488
and that was committed by discharging a firearm from a motor 15,489
vehicle other than a manufactured home is precluded unless the 15,490
indictment, count in the indictment, or information charging the 15,491
offender specifies that the offender committed the offense by 15,492
discharging a firearm from a motor vehicle other than a 15,493
manufactured home. The specification shall be stated at the end 15,494
of the body of the indictment, count, or information, and shall 15,495
be stated in substantially the following form: 15,496
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 15,498
Grand Jurors (or insert the person's or prosecuting attorney's 15,499
name when appropriate) further find and specify that (set forth 15,501
that the offender committed the violation of section 2923.161 of 15,502
the Revised Code or the felony that includes, as an essential 15,503
element, purposely or knowingly causing or attempting to cause
the death of or physical harm to another and that was committed 15,504
by discharging a firearm from a motor vehicle other than a 15,505
manufactured home)." 15,506
362
(B) THE SPECIFICATION DESCRIBED IN DIVISION (A) OF THIS 15,508
SECTION MAY BE USED IN A DELINQUENT CHILD PROCEEDING IN THE 15,509
MANNER AND FOR THE PURPOSE DESCRIBED IN SECTION 2152.17 OF THE 15,510
REVISED CODE.
(C) As used in this section: 15,512
(1) "Firearm" has the same meaning as in section 2923.11 15,514
of the Revised Code; 15,515
(2) "Motor vehicle" and "manufactured home" have the same 15,517
meanings as in section 4501.01 of the Revised Code. 15,518
Sec. 2945.67. (A)(1) A prosecuting attorney, village 15,527
solicitor, city director of law, or the attorney general may 15,528
appeal as a matter of right any decision of a trial court in a 15,529
criminal case, or any decision of a juvenile court in a 15,530
delinquency DELINQUENT CHILD case, which IF THE decision grants 15,532
DOES ANY OF THE FOLLOWING:
(a) GRANTS a motion to dismiss all or any part of an 15,535
indictment, complaint, or information, a motion to suppress 15,536
evidence, or a motion for the return of seized property or 15,537
grants;
(b) GRANTS post-conviction relief pursuant to sections 15,539
2953.21 to 2953.24 of the Revised Code, and; 15,540
(c) DENIES A MOTION TO TRANSFER A DELINQUENT CHILD CASE 15,542
FROM A JUVENILE COURT TO THE APPROPRIATE COURT THAT HAS 15,543
JURISDICTION OF THE OFFENSE AS PROVIDED IN DIVISION (B) OF 15,544
SECTION 2152.12 OF THE REVISED CODE. 15,545
(2) A PROSECUTING ATTORNEY, VILLAGE SOLICITOR, CITY 15,547
DIRECTOR OF LAW, OR THE ATTORNEY GENERAL may appeal by leave of 15,549
the court to which the appeal is taken any other decision, except 15,550
the final verdict, of the trial court in a criminal case or of 15,551
the juvenile court in a delinquency DELINQUENT CHILD case. In 15,552
(3) IN addition to any other right to appeal under this 15,555
section or any other provision of law, a prosecuting attorney, 15,556
city director of law, village solicitor, or similar chief legal 15,557
officer of a municipal corporation, or the attorney general may
363
appeal, in accordance with section 2953.08 of the Revised Code, a 15,558
sentence imposed upon a person who is convicted of or pleads 15,559
guilty to a felony.
(B) In any proceeding brought pursuant to division (A) of 15,561
this section, the court, in accordance with Chapter 120. of the 15,563
Revised Code, shall appoint the county public defender, joint
county public defender, or other counsel to represent any person 15,564
who is indigent, is not represented by counsel, and does not 15,565
waive the person's right to counsel. 15,566
Sec. 3301.121. (A) In addition to the duties and 15,575
responsibilities of the superintendent of public instruction set 15,576
forth in section 3301.12 of the Revised Code, the superintendent, 15,578
in accordance with this section and section 3313.662 of the 15,579
Revised Code, shall conduct an adjudication procedure to 15,580
determine whether to permanently exclude from attending any of 15,581
the public schools of this state any pupil who is the subject of 15,582
a resolution forwarded to the superintendent by a board of 15,583
education pursuant to division (D) of section 3313.662 of the 15,584
Revised Code. 15,585
(B)(1) Except as provided in division (B)(3) of this 15,587
section, within fourteen days after receipt of a resolution 15,588
forwarded by a board of education pursuant to division (D) of 15,589
section 3313.662 of the Revised Code, the superintendent of 15,590
public instruction or the superintendent's designee shall provide 15,592
the pupil who is the subject of the resolution and that pupil's 15,593
parent, guardian, or custodian with a notice of an opportunity 15,594
for an adjudication hearing on the proposed permanent exclusion 15,595
of the pupil from attending any of the public schools of this 15,596
state. The notice shall include all of the following: 15,597
(a) The date, time, and place of the permanent exclusion 15,599
adjudication hearing; 15,600
(b) A statement informing the pupil and the pupil's 15,602
parent, guardian, or custodian that the pupil may attend the 15,603
adjudication hearing at the date, time, and place set forth in 15,604
364
the notice, that the failure of the pupil or the pupil's parent, 15,605
guardian, or custodian to attend the adjudication hearing will 15,607
result in a waiver of the pupil's right to present evidence, 15,608
testimony, and factors in mitigation of the pupil's permanent 15,609
exclusion at an adjudication hearing on the proposed permanent 15,611
exclusion, and that the pupil shall be accorded all of the 15,612
following rights:
(i) The right to testify, to present evidence and the 15,614
testimony of witnesses, and to confront, cross-examine, and 15,615
compel the attendance of witnesses; 15,616
(ii) The right to a record of the hearing; 15,618
(iii) The right to written findings. 15,620
(c) A statement informing the pupil and the pupil's 15,622
parent, guardian, or custodian that the pupil has the right to be 15,623
represented by counsel at the adjudication hearing. 15,624
(d) A statement informing the pupil and the pupil's 15,626
parent, guardian, or custodian that, if the pupil by failing to 15,627
attend the hearing waives the pupil's right to present evidence, 15,628
testimony, and factors in mitigation of the pupil's permanent 15,630
exclusion at an adjudication hearing on the proposed permanent 15,632
exclusion, the superintendent is required to review the 15,633
information relevant to the permanent exclusion that is available 15,634
to the superintendent and is permitted to enter an order 15,636
requiring the pupil's permanent exclusion from attending any of 15,637
the public schools of this state at any time within seven days 15,638
after the conclusion of the adjudication hearing. 15,639
(2) The superintendent or the superintendent's designee 15,641
shall provide the notice required by division (B)(1) of this 15,643
section to the pupil and to the pupil's parent, guardian, or 15,644
custodian by certified mail or personal service. 15,645
(3)(a) If a pupil who is the subject of a resolution 15,647
forwarded to the superintendent of public instruction by a board 15,648
of education pursuant to section 3313.662 of the Revised Code is 15,649
in the custody of the department of youth services pursuant to a 15,650
365
disposition under division (A)(4), (5), or (7) of section 15,653
2151.355 ANY PROVISION OF CHAPTER 2152. of the Revised Code, 15,655
OTHER THAN DIVISION (A)(1)(a) OF SECTION 2152.16 OF THE REVISED 15,656
CODE, at the time the resolution is forwarded, the department 15,658
shall notify in writing the superintendent of public instruction 15,659
and the board of education that forwarded the resolution of that 15,660
fact. Upon receipt of the notice, the superintendent shall delay 15,661
providing the notice required by division (B)(1) of this section 15,662
and the adjudication of the request for permanent exclusion until 15,663
the superintendent receives further notice from the department 15,665
pursuant to division (B)(3)(b) of this section. 15,666
(b) At least sixty days before a pupil described in 15,668
division (B)(3)(a) of this section will be released from 15,669
institutionalization or institutionalization in a secure facility 15,670
by the department of youth services, the department shall notify 15,671
in writing the superintendent of public instruction and the board 15,672
of education that forwarded the resolution pursuant to section 15,673
3313.662 of the Revised Code of the impending release and shall 15,674
provide in that notice information regarding the extent of the 15,675
education the pupil received while in the custody of the 15,676
department, including whether the pupil has obtained a 15,677
certificate of high school equivalence. 15,678
If the pupil has not obtained a certificate of high school 15,680
equivalence while in the custody of the department of youth 15,681
services, the superintendent of public instruction shall provide 15,682
the notice required by division (B)(1) of this section and, at 15,683
least thirty days before the pupil is to be released from 15,684
institutionalization or institutionalization in a secure 15,685
facility, conduct an adjudication procedure to determine whether 15,687
to permanently exclude the pupil from attending the public 15,688
schools of this state in accordance with this section. If the 15,689
pupil has obtained a certificate of high school equivalence while 15,690
in the custody of the department, the superintendent, in the 15,691
superintendent's discretion, may conduct the adjudication. 15,693
366
(C)(1) Except as provided in division (B)(3) of this 15,695
section, the date of the adjudication hearing set forth in the 15,696
notice required by division (B)(1) of this section shall be a 15,697
date no less than fourteen days nor more than twenty-one days 15,698
from the date the superintendent sends the notice by certified 15,699
mail or initiates personal service of the notice. 15,700
(2) The superintendent, for good cause shown on the 15,702
written request of the pupil or the pupil's parent, guardian, or 15,704
custodian, or on the superintendent's own motion, may grant 15,705
reasonable continuances of any adjudication hearing held under 15,707
this section but shall not grant either party total continuances 15,708
in excess of ten days. 15,709
(3) If a pupil or the pupil's parent, guardian, or 15,711
custodian does not appear at the adjudication hearing on a 15,713
proposed permanent exclusion, the superintendent or the referee 15,714
appointed by the superintendent shall proceed to conduct an 15,716
adjudication hearing on the proposed permanent exclusion on the 15,717
date for the adjudication hearing that is set forth in the notice 15,718
provided pursuant to division (B)(1) of this section or on the 15,719
date to which the hearing was continued pursuant to division 15,720
(C)(2) of this section.
(D)(1) The superintendent or a referee appointed by the 15,722
superintendent may conduct an adjudication hearing to determine 15,724
whether to permanently exclude a pupil in one of the following 15,725
counties:
(a) The county in which the superintendent holds the 15,727
superintendent's office; 15,729
(b) Upon the request of the pupil or the pupil's parent, 15,731
guardian, custodian, or attorney, in the county in which the 15,733
board of education that forwarded the resolution requesting the 15,734
permanent exclusion is located if the superintendent, in the 15,735
superintendent's discretion and upon consideration of evidence of 15,737
hardship presented on behalf of the requesting pupil, determines 15,738
that the hearing should be conducted in that county. 15,739
367
(2) The superintendent of public instruction or a referee 15,741
appointed by the superintendent shall conduct an adjudication 15,742
hearing on a proposed permanent exclusion of a pupil. The 15,743
referee may be an attorney admitted to the practice of law in 15,744
this state but shall not be an attorney that represents the board 15,745
of education that forwarded the resolution requesting the 15,746
permanent exclusion. 15,747
(3) The superintendent or referee who conducts an 15,749
adjudication hearing under this section may administer oaths, 15,750
issue subpoenas to compel the attendance of witnesses and 15,751
evidence, and enforce the subpoenas by a contempt proceeding in 15,752
the court of common pleas as provided by law. The superintendent 15,753
or referee may require the separation of witnesses and may bar 15,754
from the proceedings any person whose presence is not essential 15,755
to the proceedings. 15,756
(4) The superintendent of public instruction shall request 15,758
the department of rehabilitation and correction, the sheriff, the 15,759
department of youth services, or any publicly funded out-of-home 15,760
care entity that has legal custody of a pupil who is the subject 15,761
of an adjudication hearing held pursuant to this section to 15,762
transport the pupil to the place of the adjudication hearing at 15,763
the time and date set for the hearing. The department, sheriff, 15,764
or publicly funded out-of-home care entity that receives the 15,765
request shall provide transportation for the pupil who is the 15,766
subject of the adjudication hearing to the place of the hearing 15,767
at the time and date set for the hearing. The department, 15,768
sheriff, or entity shall pay the cost of transporting the pupil 15,769
to and from the hearing. 15,770
(E)(1) An adjudication hearing held pursuant to this 15,772
section shall be adversary in nature, shall be conducted fairly 15,773
and impartially, and may be conducted without the formalities of 15,774
a criminal proceeding. A pupil whose permanent exclusion is 15,775
being adjudicated has the right to be represented by counsel at 15,776
the adjudication hearing. If the pupil has the financial 15,777
368
capacity to retain counsel, the superintendent or the referee is 15,779
not required to provide counsel for the pupil. At the
adjudication hearing, the pupil also has the right to 15,780
cross-examine witnesses against the pupil, to testify, to present 15,782
evidence and the testimony of witnesses on the pupil's behalf, 15,784
and to raise factors in mitigation of the pupil's being 15,785
permanently excluded. 15,786
(2) In an adjudication hearing held pursuant to this 15,788
section and section 3313.662 of the Revised Code, a 15,789
representative of the school district of the board of education 15,790
that adopted and forwarded the resolution requesting the 15,791
permanent exclusion of the pupil shall present the case for 15,792
permanent exclusion to the superintendent or the referee. The 15,793
representative of the school district may be an attorney admitted 15,794
to the practice of law in this state. At the adjudication 15,795
hearing, the representative of the school district shall present 15,796
evidence in support of the requested permanent exclusion. The 15,797
superintendent or the superintendent's designee shall consider 15,799
the entire school record of the pupil who is the subject of the 15,800
adjudication and shall consider any of the following information 15,801
that is available: 15,802
(a) The academic record of the pupil and a record of any 15,804
extracurricular activities in which the pupil previously was 15,806
involved;
(b) The disciplinary record of the pupil and any available 15,808
records of the pupil's prior behavioral problems other than the 15,810
behavioral problems contained in the disciplinary record;
(c) The social history of the pupil; 15,812
(d) The pupil's response to the imposition of prior 15,814
discipline and sanctions imposed for behavioral problems; 15,815
(e) Evidence regarding the seriousness of and any 15,817
aggravating factors related to the offense that is the basis of 15,818
the resolution seeking permanent exclusion; 15,819
(f) Any mitigating circumstances surrounding the offense 15,821
369
that gave rise to the request for permanent exclusion; 15,822
(g) Evidence regarding the probable danger posed to the 15,824
health and safety of other pupils or of school employees by the 15,825
continued presence of the pupil in a public school setting; 15,826
(h) Evidence regarding the probable disruption of the 15,828
teaching of any school district's graded course of study by the 15,829
continued presence of the pupil in a public school setting; 15,830
(i) Evidence regarding the availability of alternative 15,832
sanctions of a less serious nature than permanent exclusion that 15,833
would enable the pupil to remain in a public school setting 15,834
without posing a significant danger to the health and safety of 15,835
other pupils or of school employees and without posing a threat 15,836
of the disruption of the teaching of any district's graded course 15,837
of study. 15,838
(3) In any adjudication hearing conducted pursuant to this 15,840
section and section 3313.662 of the Revised Code, a court order 15,841
that proves the adjudication or conviction that is the basis for 15,842
the resolution of the board of education seeking permanent 15,843
exclusion is sufficient evidence to prove that the pupil 15,844
committed a violation as specified in division (F)(1) of this 15,845
section. 15,846
(4) The superintendent or the referee shall make or cause 15,848
to be made a record of any adjudication hearing conducted 15,849
pursuant to this section. 15,850
(5) A referee who conducts an adjudication hearing 15,852
pursuant to this section shall promptly report the referee's 15,853
findings in writing to the superintendent at the conclusion of 15,855
the adjudication hearing. 15,856
(F) If an adjudication hearing is conducted or a 15,858
determination is made pursuant to this section and section 15,859
3313.662 of the Revised Code, the superintendent shall review and 15,860
consider the evidence presented, the entire school record of the 15,861
pupil, and any available information described in divisions 15,862
(E)(2)(a) to (i) of this section and shall not enter an order of 15,863
370
permanent exclusion unless the superintendent or the 15,864
superintendent's appointed referee finds, by a preponderance of 15,866
the evidence, both of the following: 15,867
(1) That the pupil was convicted of or adjudicated a 15,869
delinquent child for committing a violation listed in division 15,870
(A) of section 3313.662 of the Revised Code and that the 15,871
violation was committed when the child was sixteen years of age 15,872
or older; 15,873
(2) That the pupil's continued attendance in the public 15,875
school system may endanger the health and safety of other pupils 15,876
or school employees. 15,877
(G)(1) Within seven days after the conclusion of an 15,879
adjudication hearing that is conducted pursuant to this section, 15,880
the superintendent of public instruction shall enter an order in 15,881
relation to the permanent exclusion of the pupil who is the 15,882
subject of the hearing or determination. 15,883
(2) If the superintendent or a referee makes the findings 15,885
described in divisions (F)(1) and (2) of this section, the 15,886
superintendent shall issue a written order that permanently 15,887
excludes the pupil from attending any of the public schools of 15,888
this state and immediately shall send a written notice of the 15,889
order to the board of education that forwarded the resolution, to 15,890
the pupil who was the subject of the resolution, to that pupil's 15,891
parent, guardian, or custodian, and to that pupil's attorney, 15,893
that includes all of the following: 15,894
(a) A copy of the order of permanent exclusion; 15,896
(b) A statement informing the pupil and the pupil's 15,898
parent, guardian, or custodian of the pupil's right to appeal the 15,899
order of permanent exclusion pursuant to division (H) of this 15,900
section and of the possible revocation of the permanent exclusion 15,901
pursuant to division (I) of this section if a final judicial 15,902
determination reverses the conviction or adjudication that was 15,903
the basis for the permanent exclusion; 15,904
(c) A statement informing the pupil and the pupil's 15,906
371
parent, guardian, or custodian of the provisions of divisions 15,907
(F), (G), and (H) of section 3313.662 of the Revised Code. 15,908
(3) If the superintendent or a referee does not make the 15,910
findings described in divisions (F)(1) and (2) of this section, 15,911
the superintendent shall issue a written order that rejects the 15,912
resolution of the board of education and immediately shall send 15,913
written notice of that fact to the board of education that 15,914
forwarded the resolution, to the pupil who was the subject of the 15,915
proposed resolution, and to that pupil's parent, guardian, or 15,916
custodian. 15,917
(H) A pupil may appeal an order of permanent exclusion 15,919
made by the superintendent of public instruction pursuant to this 15,920
section and section 3313.662 of the Revised Code to the court of 15,921
common pleas of the county in which the board of education that 15,922
forwarded the resolution requesting the permanent exclusion is 15,923
located. The appeal shall be conducted in accordance with 15,924
Chapter 2505. of the Revised Code. 15,925
(I) If a final judicial determination reverses the 15,927
conviction or adjudication that is the basis of a permanent 15,928
exclusion ordered under this section, the superintendent of 15,929
public instruction, upon receipt of a certified copy of an order 15,930
reflecting that final determination from the pupil or that 15,931
pupil's parent, guardian, custodian, or attorney, shall revoke 15,932
the order of permanent exclusion. 15,933
(J) As used in this section: 15,935
(1) "Permanently exclude" and "permanent exclusion" have 15,937
the same meanings as in section 3313.662 of the Revised Code. 15,938
(2) "Out-of-home care" and "legal custody" have the same 15,940
meanings as in section 2151.011 of the Revised Code. 15,941
(3) "Certificate of high school equivalence" has the same 15,943
meaning as in section 4109.06 of the Revised Code. 15,944
Sec. 3313.66. (A) Except as provided under division 15,953
(B)(2) of this section, the superintendent of schools of a city, 15,955
exempted village, or local school district, or the principal of a 15,956
372
public school may suspend a pupil from school for not more than 15,957
ten school days. The board of education of a city, exempted 15,958
village, or local school district may adopt a policy granting 15,959
assistant principals and other administrators the authority to 15,960
suspend a pupil from school for a period of time as specified in 15,961
the policy of the board of education, not to exceed ten school 15,962
days. If at the time a suspension is imposed there are fewer 15,964
than ten school days remaining in the school year in which the 15,965
incident that gives rise to the suspension takes place, the 15,966
superintendent may apply any remaining part or all of the period 15,967
of the suspension to the following school year. Except in the 15,968
case of a pupil given an in-school suspension, no pupil shall be 15,969
suspended unless prior to the suspension such superintendent or 15,970
principal does both of the following: 15,971
(1) Gives the pupil written notice of the intention to 15,973
suspend the pupil and the reasons for the intended suspension 15,975
and, if the proposed suspension is based on a violation listed in 15,976
division (A) of section 3313.662 of the Revised Code and if the 15,977
pupil is sixteen years of age or older, includes in the notice a 15,978
statement that the superintendent may seek to permanently exclude 15,979
the pupil if the pupil is convicted of or adjudicated a 15,980
delinquent child for that violation; 15,982
(2) Provides the pupil an opportunity to appear at an 15,984
informal hearing before the principal, assistant principal, 15,985
superintendent, or superintendent's designee and challenge the 15,986
reason for the intended suspension or otherwise to explain the 15,987
pupil's actions. 15,988
(B)(1) Except as provided under division (B)(2), (3), or 15,991
(4) of this section, the superintendent of schools of a city, 15,992
exempted village, or local school district may expel a pupil from 15,993
school for a period not to exceed the greater of eighty school 15,994
days or the number of school days remaining in the semester or 15,995
term in which the incident that gives rise to the expulsion takes 15,996
place, unless the expulsion is extended pursuant to division (F) 15,997
373
of this section. If at the time an expulsion is imposed there 15,998
are fewer than eighty school days remaining in the school year in 15,999
which the incident that gives rise to the expulsion takes place, 16,000
the superintendent may apply any remaining part or all of the 16,001
period of the expulsion to the following school year. 16,002
(2)(a) Unless a pupil is permanently excluded pursuant to 16,004
section 3313.662 of the Revised Code, the superintendent of 16,005
schools of a city, exempted village, or local school district 16,007
shall expel a pupil from school for a period of one year for 16,008
bringing a firearm to a school operated by the board of education
of the district or onto any other property owned or controlled by 16,010
the board, except that the superintendent may reduce this 16,012
requirement on a case-by-case basis in accordance with the policy 16,013
adopted by the board under section 3313.661 of the Revised Code. 16,014
(b) The superintendent of schools of a city, exempted 16,016
village, or local school district may expel a pupil from school 16,017
for a period of one year for bringing a firearm to an 16,019
interscholastic competition, an extracurricular event, or any
other school program or activity that is not located in a school 16,021
or on property that is owned or controlled by the district. The 16,022
superintendent may reduce this disciplinary action on a 16,023
case-by-case basis in accordance with the policy adopted by the 16,024
board under section 3313.661 of the Revised Code.
(c) Any expulsion pursuant to division (B)(2) of this 16,027
section shall extend, as necessary, into the school year 16,028
following the school year in which the incident that gives rise 16,030
to the expulsion takes place. As used in this division, 16,031
"firearm" has the same meaning as provided pursuant to the 16,032
"Gun-Free Schools Act of 1994," 108 Stat. 270, 20 U.S.C. 16,033
8001(a)(2). 16,034
(3) The board of education of a city, exempted village, or 16,037
local school district may adopt a resolution authorizing the 16,038
superintendent of schools to expel a pupil from school for a 16,039
period not to exceed one year for bringing a knife to a school 16,040
374
operated by the board, onto any other property owned or 16,041
controlled by the board, or to an interscholastic competition, an 16,042
extracurricular event, or any other program or activity sponsored 16,043
by the school district or in which the district is a participant, 16,044
or for possessing a firearm or knife at a school, on any other 16,046
property owned or controlled by the board, or at an 16,048
interscholastic competition, an extracurricular event, or any
other school program or activity, which firearm or knife was 16,050
initially brought onto school board property by another person. 16,051
The resolution may authorize the superintendent to extend such an 16,052
expulsion, as necessary, into the school year following the 16,053
school year in which the incident that gives rise to the 16,054
expulsion takes place.
(4) The board of education of a city, exempted village, or 16,057
local school district may adopt a resolution establishing a 16,058
policy under section 3313.661 of the Revised Code that authorizes 16,059
the superintendent of schools to expel a pupil from school for a 16,061
period not to exceed one year for committing an act that is a 16,062
criminal offense when committed by an adult and that results in 16,063
serious physical harm to persons as defined in division (A)(5) of 16,064
section 2901.01 of the Revised Code or serious physical harm to 16,067
property as defined in division (A)(6) of section 2901.01 of the 16,069
Revised Code while the pupil is at school, on any other property 16,071
owned or controlled by the board, or at an interscholastic 16,073
competition, an extracurricular event, or any other school 16,074
program or activity. Any expulsion under this division shall 16,075
extend, as necessary, into the school year following the school 16,077
year in which the incident that gives rise to the expulsion takes 16,078
place.
(5) No pupil shall be expelled under division (B)(1), (2), 16,080
(3), or (4) of this section unless, prior to the pupil's 16,082
expulsion, the superintendent does both of the following: 16,083
(a) Gives the pupil and the pupil's parent, guardian, or 16,085
custodian written notice of the intention to expel the pupil; 16,087
375
(b) Provides the pupil and the pupil's parent, guardian, 16,089
custodian, or representative an opportunity to appear in person 16,090
before the superintendent or the superintendent's designee to 16,092
challenge the reasons for the intended expulsion or otherwise to
explain the pupil's actions. 16,093
The notice required in this division shall include the 16,095
reasons for the intended expulsion, notification of the 16,096
opportunity of the pupil and the pupil's parent, guardian, 16,097
custodian, or representative to appear before the superintendent 16,099
or the superintendent's designee to challenge the reasons for the 16,100
intended expulsion or otherwise to explain the pupil's action, 16,102
and notification of the time and place to appear. The time to 16,103
appear shall not be earlier than three nor later than five school 16,104
days after the notice is given, unless the superintendent grants 16,105
an extension of time at the request of the pupil or the pupil's 16,106
parent, guardian, custodian, or representative. If an extension 16,107
is granted after giving the original notice, the superintendent 16,108
shall notify the pupil and the pupil's parent, guardian, 16,109
custodian, or representative of the new time and place to appear. 16,111
If the proposed expulsion is based on a violation listed in 16,112
division (A) of section 3313.662 of the Revised Code and if the 16,113
pupil is sixteen years of age or older, the notice shall include 16,114
a statement that the superintendent may seek to permanently 16,115
exclude the pupil if the pupil is convicted of or adjudicated a 16,116
delinquent child for that violation. 16,117
(6) A superintendent of schools of a city, exempted 16,119
village, or local school district shall initiate expulsion 16,120
proceedings pursuant to this section with respect to any pupil 16,121
who has committed an act warranting expulsion under the 16,122
district's policy regarding expulsion even if the pupil has 16,123
withdrawn from school for any reason after the incident that 16,124
gives rise to the hearing but prior to the hearing or decision to 16,125
impose the expulsion. If, following the hearing, the pupil would 16,126
have been expelled for a period of time had the pupil still been 16,127
376
enrolled in the school, the expulsion shall be imposed for the 16,129
same length of time as on a pupil who has not withdrawn from the
school. 16,130
(C) If a pupil's presence poses a continuing danger to 16,132
persons or property or an ongoing threat of disrupting the 16,133
academic process taking place either within a classroom or 16,134
elsewhere on the school premises, the superintendent or a 16,135
principal or assistant principal may remove a pupil from 16,136
curricular activities or from the school premises, and a teacher 16,138
may remove a pupil from curricular activities under the teacher's 16,139
supervision, without the notice and hearing requirements of 16,141
division (A) or (B) of this section. As soon as practicable 16,142
after making such a removal, the teacher shall submit in writing 16,143
to the principal the reasons for such removal. 16,144
If a pupil is removed under this division from a curricular 16,146
activity or from the school premises, written notice of the 16,148
hearing and of the reason for the removal shall be given to the 16,149
pupil as soon as practicable prior to the hearing, which shall be 16,150
held within three school days from the time the initial removal 16,151
is ordered. The hearing shall be held in accordance with 16,152
division (A) of this section unless it is probable that the pupil 16,153
may be subject to expulsion, in which case a hearing in 16,154
accordance with division (B) of this section shall be held, 16,155
except that the hearing shall be held within three school days of 16,156
the initial removal. The individual who ordered, caused, or 16,157
requested the removal to be made shall be present at the hearing. 16,158
If the superintendent or the principal reinstates a pupil 16,160
in a curricular activity under the teacher's supervision prior to 16,162
the hearing following a removal under this division, the teacher, 16,163
upon request, shall be given in writing the reasons for such 16,164
reinstatement.
(D) The superintendent or principal, within one school day 16,166
after the time of a pupil's expulsion or suspension, shall notify 16,167
in writing the parent, guardian, or custodian of the pupil and 16,168
377
the treasurer of the board of education of the expulsion or 16,169
suspension. The notice shall include the reasons for the 16,170
expulsion or suspension, notification of the right of the pupil 16,171
or the pupil's parent, guardian, or custodian to appeal the 16,172
expulsion or suspension to the board of education or to its 16,173
designee, to be represented in all appeal proceedings, to be 16,174
granted a hearing before the board or its designee in order to be 16,175
heard against the suspension or expulsion, and to request that 16,176
the hearing be held in executive session, notification that the 16,177
expulsion may be subject to extension pursuant to division (F) of 16,178
this section if the pupil is sixteen years of age or older, and 16,179
notification that the superintendent may seek the pupil's 16,180
permanent exclusion if the suspension or expulsion was based on a 16,181
violation listed in division (A) of section 3313.662 of the 16,182
Revised Code that was committed when the child was sixteen years 16,183
of age or older and if the pupil is convicted of or adjudicated a 16,184
delinquent child for that violation. 16,185
Any superintendent expelling a pupil under this section for 16,187
more than twenty school days or for any period of time if the 16,188
expulsion will extend into the following semester or school year 16,189
shall, in the notice required under this division, provide the 16,190
pupil and the pupil's parent, guardian, or custodian with 16,191
information about services or programs offered by public and 16,193
private agencies that work toward improving those aspects of the 16,194
pupil's attitudes and behavior that contributed to the incident 16,195
that gave rise to the pupil's expulsion. The information shall 16,196
include the names, addresses, and phone numbers of the 16,197
appropriate public and private agencies. 16,198
(E) A pupil or the pupil's parent, guardian, or custodian 16,200
may appeal the pupil's expulsion by a superintendent or 16,202
suspension by a superintendent, principal, assistant principal, 16,204
or other administrator to the board of education or to its 16,205
designee. The pupil or the pupil's parent, guardian, or 16,206
custodian may be represented in all appeal proceedings and shall 16,208
378
be granted a hearing before the board or its designee in order to 16,209
be heard against the suspension or expulsion. At the request of 16,210
the pupil or of the pupil's parent, guardian, custodian, or 16,211
attorney, the board or its designee may hold the hearing in 16,212
executive session but shall act upon the suspension or expulsion 16,213
only at a public meeting. The board, by a majority vote of its 16,214
full membership or by the action of its designee, may affirm the 16,215
order of suspension or expulsion, reinstate the pupil, or 16,216
otherwise reverse, vacate, or modify the order of suspension or 16,217
expulsion.
The board or its designee shall make a verbatim record of 16,219
hearings held under this division. The decisions of the board or 16,220
its designee may be appealed under Chapter 2506. of the Revised 16,221
Code. 16,222
This section shall not be construed to require notice and 16,224
hearing in accordance with division (A), (B), or (C) of this 16,225
section in the case of normal disciplinary procedures in which a 16,226
pupil is removed from a curricular activity for a period of less 16,228
than one school day and is not subject to suspension or 16,229
expulsion.
(F)(1) If a pupil is expelled pursuant to division (B) of 16,231
this section for committing any violation listed in division (A) 16,232
of section 3313.662 of the Revised Code and the pupil was sixteen 16,234
years of age or older at the time of committing the violation, if 16,235
a complaint, INDICTMENT, OR INFORMATION is filed pursuant to 16,236
section 2151.27 of the Revised Code alleging that the pupil is a 16,238
delinquent child based upon the commission of the violation or 16,239
the pupil is prosecuted as an adult for the commission of the 16,240
violation, and if the resultant juvenile court or criminal 16,241
proceeding is pending at the time that the expulsion terminates, 16,242
the superintendent of schools that expelled the pupil may file a 16,243
motion with the court in which the proceeding is pending 16,244
requesting an order extending the expulsion for the lesser of an 16,245
additional eighty days or the number of school days remaining in 16,246
379
the school year. Upon the filing of the motion, the court 16,247
immediately shall schedule a hearing and give written notice of 16,248
the time, date, and location of the hearing to the superintendent 16,249
and to the pupil and the pupil's parent, guardian, or custodian. 16,251
At the hearing, the court shall determine whether there is 16,252
reasonable cause to believe that the pupil committed the alleged 16,253
violation that is the basis of the expulsion and, upon
determining that reasonable cause to believe the pupil committed 16,255
the violation does exist, shall grant the requested extension.
(2) If a pupil has been convicted of or adjudicated a 16,257
delinquent child for a violation listed in division (A) of 16,258
section 3313.662 of the Revised Code for an act that was 16,259
committed when the child was sixteen years of age or older, if 16,260
the pupil has been expelled pursuant to division (B) of this 16,261
section for that violation, and if the board of education of the 16,262
school district of the school from which the pupil was expelled 16,264
has adopted a resolution seeking the pupil's permanent exclusion, 16,265
the superintendent may file a motion with the court that
convicted the pupil or adjudicated the pupil a delinquent child 16,267
requesting an order to extend the expulsion until an adjudication 16,268
order or other determination regarding permanent exclusion is 16,269
issued by the superintendent of public instruction pursuant to 16,270
section 3301.121 and division (D) of section 3313.662 of the 16,271
Revised Code. Upon the filing of the motion, the court 16,272
immediately shall schedule a hearing and give written notice of 16,273
the time, date, and location of the hearing to the superintendent 16,274
of the school district, the pupil, and the pupil's parent, 16,275
guardian, or custodian. At the hearing, the court shall 16,276
determine whether there is reasonable cause to believe the 16,277
pupil's continued attendance in the public school system may 16,278
endanger the health and safety of other pupils or school 16,279
employees and, upon making that determination, shall grant the 16,280
requested extension.
(G) The failure of the superintendent or the board of 16,282
380
education to provide the information regarding the possibility of 16,283
permanent exclusion in the notice required by divisions (A), (B), 16,284
and (D) of this section is not jurisdictional, and the failure 16,285
shall not affect the validity of any suspension or expulsion 16,286
procedure that is conducted in accordance with this section or 16,287
the validity of a permanent exclusion procedure that is conducted 16,288
in accordance with sections 3301.121 and 3313.662 of the Revised 16,289
Code. 16,290
(H) With regard to suspensions and expulsions pursuant to 16,292
divisions (A) and (B) of this section by the board of education 16,293
of any city, exempted village, or local school district, this 16,294
section shall apply to any student, whether or not the student is 16,295
enrolled in the district, attending or otherwise participating in 16,296
any curricular program provided in a school operated by the board 16,297
or provided on any other property owned or controlled by the 16,298
board. 16,299
(I) Whenever a student is expelled under this section, the 16,301
expulsion shall result in removal of the student from the 16,302
student's regular school setting. However, during the period of 16,303
the expulsion, the board of education of the school district that 16,304
expelled the student or any board of education admitting the 16,305
student during that expulsion period may provide educational
services to the student in an alternative setting. 16,306
(J)(1) Notwithstanding section 3313.64 or 3313.65 of the 16,308
Revised Code, any school district, after offering an opportunity 16,311
for a hearing, may temporarily deny admittance to any pupil if 16,312
one of the following applies:
(a) The pupil has been suspended from the schools of 16,314
another district under division (A) of this section and the 16,315
period of suspension, as established under that division, has not 16,316
expired;
(b) The pupil has been expelled from the schools of 16,318
another district under division (B) of this section and the 16,319
period of the expulsion, as established under that division or as 16,320
381
extended under division (F) of this section, has not expired. 16,321
If a pupil is temporarily denied admission under this 16,324
division, the pupil shall be admitted to school in accordance 16,325
with section 3313.64 or 3313.65 of the Revised Code no later than
upon expiration of the suspension or expulsion period, as 16,327
applicable. 16,328
(2) Notwithstanding section 3313.64 or 3313.65 of the 16,330
Revised Code, any school district, after offering an opportunity 16,332
for a hearing, may temporarily deny admittance to any pupil if 16,333
the pupil has been expelled or otherwise removed for disciplinary 16,334
purposes from a public school in another state and the period of 16,335
expulsion or removal has not expired. If a pupil is temporarily 16,336
denied admission under this division, the pupil shall be admitted
to school in accordance with section 3313.64 or 3313.65 of the 16,337
Revised Code no later than the earlier of the following: 16,339
(a) Upon expiration of the expulsion or removal period 16,341
imposed by the out-of-state school; 16,342
(b) Upon expiration of a period established by the 16,344
district, beginning with the date of expulsion or removal from 16,345
the out-of-state school, that is no greater than the period of 16,346
expulsion that the pupil would have received under the policy 16,347
adopted by the district under section 3313.661 of the Revised 16,348
Code had the offense that gave rise to the expulsion or removal 16,350
by the out-of-state school been committed while the pupil was 16,351
enrolled in the district.
(K) As used in this section: 16,353
(1) "Permanently exclude" and "permanent exclusion" have 16,356
the same meanings as in section 3313.662 of the Revised Code. 16,357
(2) "In-school suspension" means the pupil will serve all 16,359
of the suspension in a school setting. 16,360
Sec. 3321.22. If the parent, guardian, or other person in 16,369
charge of a child, upon complaint for a failure to cause the 16,370
child to attend school or a part-time school or class, proves 16,371
inability to do so, then such parent, guardian, or other person 16,372
382
in charge of a child shall be discharged, and thereupon the 16,373
attendance officer shall make complaint before the judge of the
juvenile court of the county that the child is a delinquent child 16,374
or dependent child within the meaning of section 2151.02 2152.02 16,375
or 2151.04 of the Revised Code. Such judge shall hear the 16,377
complaint and if he THE JUDGE determines that the child is a 16,378
delinquent or dependent child within one of such THOSE sections 16,379
he, THE JUDGE shall deal with the child according to section 16,381
2151.35 or 2151.36 of the Revised Code.
Sec. 3730.07. (A)(1) Unless consent has been given in 16,390
accordance with section 3730.06 of the Revised Code, no 16,391
individual who is under age eighteen shall obtain or attempt to 16,392
obtain a tattooing service, body piercing service, or ear 16,393
piercing service performed with an ear piercing gun.
(2) No individual who is under age eighteen shall 16,395
knowingly show or give false information concerning the 16,396
individual's name, age, or other identification for the purpose 16,397
of obtaining a tattooing service, body piercing service, or ear 16,398
piercing service performed with an ear piercing gun.
(B)(1) No individual shall knowingly show or give any 16,401
false information as to the name, age, or other identification of 16,402
an individual who is under age eighteen for the purpose of
obtaining for the individual under age eighteen a tattooing 16,403
service, body piercing service, or ear piercing service performed 16,404
with an ear piercing gun.
(2)(B) No individual shall impersonate the parent, 16,406
guardian, or custodian of an individual who is under age eighteen 16,408
for the purpose of obtaining for the individual under age 16,409
eighteen a tattooing service, body piercing service, or ear 16,410
piercing service performed with an ear piercing gun. 16,411
Sec. 3730.99. (A) Whoever violates division (A), (B), or 16,421
(C) of section 3730.02 or division (A) of section 3730.06 of the 16,422
Revised Code is guilty of a misdemeanor of the fourth degree. 16,423
(B) Whoever violates division (B)(1)(A) or (2)(B) of 16,426
383
section 3730.07 of the Revised Code is guilty of a misdemeanor of 16,427
the first degree.
(C)(1) Whoever violates division (A)(1) of section 3730.07 16,429
of the Revised Code is a delinquent child and is subject to an 16,430
order of disposition under division (A)(8)(a) of section 2151.355 16,431
of the Revised Code, which order of disposition shall require the 16,432
child to pay a fine as described in division (B) of section 16,434
2151.3512 of the Revised Code. 16,435
(2) Whoever violates division (A)(2) of section 3730.07 of 16,437
the Revised Code is a delinquent child and is subject to an order 16,438
of disposition under division (A)(8)(a) of section 2151.355 of 16,441
the Revised Code, which order of disposition shall require the 16,442
child to pay a fine as described in division (E) of section 16,443
2151.3512 of the Revised Code. 16,444
Sec. 4109.08. (A) No minor shall be employed unless the 16,453
employer keeps on the premises a complete list of all minors 16,454
employed by the employer at a particular establishment and a 16,455
printed abstract to be furnished by the director of commerce 16,457
summarizing the provisions of this chapter. 16,458
The list and abstract shall be posted in plain view in a 16,460
conspicuous place which is frequented by the largest number of 16,461
minor employees, and to which all minor employees have access. 16,462
(B) An enforcement official may require any employer, in 16,464
or about whose establishment an employee apparently under 16,465
eighteen years of age is employed and whose age and schooling 16,466
certificate is not filed as required by section 4109.02 of the 16,467
Revised Code, to furnish the enforcement official satisfactory 16,468
evidence that the employee is in fact eighteen years of age or 16,469
older. The enforcement official shall require from the employer, 16,470
unless an over-age certificate issued in accordance with section 16,471
3331.15 of the Revised Code is held by the employee, the same 16,472
evidence of age of the employee as is required by section 3331.02 16,473
of the Revised Code upon the issuance of an age and schooling 16,474
certificate. No employer shall fail to produce the evidence. 16,475
384
(C) Any employee apparently under eighteen years of age, 16,477
working in any occupation or establishment with respect to which 16,478
there are restrictions by rule or law governing the employment of 16,479
minors, with respect to whom the employer has not furnished 16,480
satisfactory evidence that the person is at or above the age 16,481
required for performance of employment with the employer after 16,482
being requested to do so, and who refuses to give to an 16,483
renumcement official the employee's name, age, and place of 16,484
residence may be taken into custody and charged with being an 16,486
unruly child or other appropriate charge under Chapter 2151. OR 16,487
2152. of the Revised Code. 16,488
(D) No person shall, with the intent to assist a minor to 16,490
procure employment, make a false statement to any employer or to 16,491
any person authorized to issue an age and schooling certificate. 16,492
Sec. 5103.03. The director of job and family services 16,502
shall adopt rules as necessary for the adequate and competent 16,504
management of institutions or associations. Except for
facilities under the control of the department of youth services, 16,506
places of detention for children established and maintained
pursuant to sections 2151.34 2152.41 to 2151.3415 2152.44 of the 16,508
Revised Code, and child day-care centers subject to Chapter 5104. 16,509
of the Revised Code, the department of job and family services 16,510
every two years shall pass upon the fitness of every institution 16,512
and association that receives, or desires to receive and care for
children, or places children in private homes. 16,513
When the department of job and family services is satisfied 16,515
as to the care given such children, and that the requirements of 16,516
the statutes and rules covering the management of such 16,517
institutions and associations are being complied with, it shall 16,518
issue to the institution or association a certificate to that 16,519
effect. A certificate is valid for two years, unless sooner 16,520
revoked by the department. When determining whether an 16,521
institution or association meets a particular requirement for 16,522
certification, the department may consider the institution or 16,523
385
association to have met the requirement if the institution or 16,524
association shows to the department's satisfaction that it has 16,525
met a comparable requirement to be accredited by a nationally 16,526
recognized accreditation organization. 16,527
The department may issue a temporary certificate valid for 16,529
less than one year authorizing an institution or association to 16,530
operate until minimum requirements have been met. 16,531
The department may revoke a certificate if it finds that 16,533
the institution or association is in violation of law or rule. 16,535
No juvenile court shall commit a child to an association or
institution that is required to be certified under this section 16,537
if its certificate has been revoked or, if after revocation, the 16,538
date of reissue is less than fifteen months prior to the proposed 16,540
commitment.
Every two years, on a date specified by the department, 16,542
each institution or association desiring certification or 16,543
recertification shall submit to the department a report showing 16,544
its condition, management, competency to care adequately for the 16,545
children who have been or may be committed to it or to whom it 16,546
provides care or services, the system of visitation it employs 16,547
for children placed in private homes, and other information the 16,548
department requires. 16,549
The department shall, not less than once each year, send a 16,551
list of certified institutions and associations to each juvenile 16,553
court and certified association or institution. 16,554
No person shall receive children or receive or solicit 16,556
money on behalf of such an institution or association not so 16,558
certified or whose certificate has been revoked. 16,559
The director may delegate by rule any duties imposed on it 16,562
by this section to inspect and approve family foster homes and 16,563
treatment foster homes to public children services agencies, 16,564
private child placing agencies, or private noncustodial agencies. 16,565
Sec. 5120.16. (A) Persons sentenced to any institution, 16,575
division, or place under the control of the department of 16,577
386
rehabilitation and correction are committed to the control, care, 16,578
and custody of the department. Subject to division (B) of this 16,579
section, the director of rehabilitation and correction or the 16,580
director's designee may direct that persons sentenced to the 16,581
department, or to any institution or place within the department, 16,582
shall be conveyed initially to an appropriate facility 16,583
established and maintained by the department for reception, 16,584
examination, observation, and classification of the persons so 16,585
sentenced. If a presentence investigation report was not 16,586
prepared pursuant to section 2947.06 or 2951.03 of the Revised 16,587
Code or Criminal Rule 32.2 regarding any person sentenced to the 16,588
department or to any institution or place within the department, 16,589
the director or the director's designee may order the
department's field staff to conduct an offender background 16,590
investigation and prepare an offender background investigation 16,591
report regarding the person. The investigation and report shall 16,592
be conducted in accordance with division (A) of section 2951.03 16,593
of the Revised Code and the report shall contain the same 16,594
information as a presentence investigation report prepared 16,595
pursuant to that section. 16,596
When the examination, observation, and classification of 16,598
the person have been completed by the facility and a written 16,599
report of the examination, observation, and classification is 16,600
filed with the commitment papers, the director or the director's 16,601
designee, subject to division (B) of this section, shall assign 16,602
the person to a suitable state institution or place maintained by 16,603
the state within the director's department or shall designate 16,604
that the person is to be housed in a county, multicounty, 16,605
municipal, municipal-county, or multicounty-municipal jail or 16,606
workhouse, if authorized by section 5120.161 of the Revised Code,
there to be confined, cared for, treated, trained, and 16,607
rehabilitated until paroled, released in accordance with section 16,608
2929.20, 2967.26, or 2967.28 of the Revised Code, or otherwise 16,610
released under the order of the court that imposed the person's 16,611
387
sentence. No person committed by a probate court, a trial court 16,612
pursuant to section 2945.40, 2945.401, or 2945.402 of the Revised 16,613
Code subsequent to a finding of not guilty by reason of insanity, 16,614
or a juvenile court shall be assigned to a state correctional 16,615
institution.
If a person is sentenced, committed, or assigned for the 16,617
commission of a felony to any one of the institutions or places 16,618
maintained by the department or to a county, multicounty, 16,619
municipal, municipal-county, or multicounty-municipal jail or 16,620
workhouse, the department, by order duly recorded and subject to 16,621
division (B) of this section, may transfer the person to any 16,622
other institution, or, if authorized by section 5120.161 of the 16,623
Revised Code, to a county, multicounty, municipal, 16,624
municipal-county, or multicounty-municipal jail or workhouse. 16,625
(B) If the case of a child who is alleged to be a 16,627
delinquent child is transferred for criminal prosecution to the 16,628
appropriate court having jurisdiction of the offense pursuant to 16,629
division (B) or (C) of section 2151.26 2152.12 of the Revised 16,630
Code, if the child is convicted of or pleads guilty to a felony 16,632
in that case, if the child is sentenced to a prison term, as 16,633
defined in section 2901.01 of the Revised Code, and if the child 16,634
is under eighteen years of age when delivered to the custody of 16,635
the department of rehabilitation and correction, all of the 16,636
following apply regarding the housing of the child: 16,637
(1) Until the child attains eighteen years of age, subject 16,639
to divisions (B)(2), (3), and (4) of this section, the department 16,641
shall house the child in a housing unit in a state correctional
institution separate from inmates who are eighteen years of age 16,642
or older. 16,643
(2) The department is not required to house the child in 16,645
the manner described in division (B)(1) of this section if the 16,647
child does not observe the rules and regulations of the
institution or the child otherwise creates a security risk by 16,648
being housed separately.
388
(3) If the department receives too few inmates who are 16,650
under eighteen years of age to fill a housing unit in a state 16,651
correctional institution separate from inmates who are eighteen 16,652
years of age or older, as described in division (B)(1) of this 16,653
section, the department may house the child in a housing unit in 16,654
a state correctional institution that includes both inmates who 16,655
are under eighteen years of age and inmates who are eighteen 16,656
years of age or older and under twenty-one years of age. 16,657
(4) Upon the child's attainment of eighteen years of age, 16,659
the department may house the child with the adult population of 16,660
the state correctional institution. 16,661
(C) The director or the director's designee shall develop 16,663
a policy for dealing with problems related to infection with the 16,664
human immunodeficiency virus. The policy shall include methods 16,665
of identifying individuals committed to the custody of the 16,666
department who are at high risk of infection with the virus and 16,667
counseling those individuals. 16,668
Arrangements for housing individuals diagnosed as having 16,670
AIDS or an AIDS-related condition shall be made by the department 16,672
based on security and medical considerations and in accordance
with division (B) of this section, if applicable. 16,673
Sec. 5120.172. A minor whose case is transferred for 16,682
criminal prosecution pursuant to section 2151.26 2152.12 of the 16,683
Revised Code, who is prosecuted as an adult and is convicted of 16,685
or pleads guilty to one or more offenses in that case, and who is 16,686
sentenced to a prison term or term of imprisonment in a state 16,687
correctional institution for one or more of those offenses shall 16,688
be considered emancipated for the purpose of consenting to 16,690
medical treatment while confined in the state correctional 16,691
institution.
Sec. 5139.01. (A) As used in this chapter: 16,700
(1) "Commitment" means the transfer of the physical 16,702
custody of a child or youth from the court to the department of 16,703
youth services. 16,704
389
(2) "Permanent commitment" means a commitment that vests 16,706
legal custody of a child in the department of youth services. 16,707
(3) "Legal custody," insofar as it pertains to the status 16,709
that is created when a child is permanently committed to the 16,710
department of youth services, means a legal status in which the 16,711
department has the following rights and responsibilities: the 16,712
right to have physical possession of the child; the right and 16,713
duty to train, protect, and control the child; the responsibility 16,715
to provide the child with food, clothing, shelter, education, and 16,717
medical care; and the right to determine where and with whom the 16,718
child shall live, subject to the minimum periods of, or periods 16,720
of, institutional care prescribed in section 2151.355 SECTIONS 16,722
2152.13 TO 2152.18 of the Revised Code; provided, that these 16,724
rights and responsibilities are exercised subject to the powers, 16,725
rights, duties, and responsibilities of the guardian of the 16,726
person of the child, and subject to any residual parental rights 16,727
and responsibilities.
(4) Unless the context requires a different meaning, 16,729
"institution" means a state facility that is created by the 16,730
general assembly and that is under the management and control of 16,731
the department of youth services or a private entity with which 16,732
the department has contracted for the institutional care and 16,733
custody of felony delinquents.
(5) "Full-time care" means care for twenty-four hours a 16,735
day for over a period of at least two consecutive weeks. 16,736
(6) "Placement" means the conditional release of a child 16,738
under the terms and conditions that are specified by the 16,739
department of youth services. The department shall retain legal 16,740
custody of a child released pursuant to division (C) of section 16,741
2151.38 2152.22 of the Revised Code or division (C) of section 16,742
5139.06 of the Revised Code until the time that it discharges the 16,744
child or until the legal custody is terminated as otherwise 16,745
provided by law. 16,746
(7) "Home placement" means the placement of a child in the 16,748
390
home of the child's parent or parents or in the home of the 16,749
guardian of the child's person. 16,751
(8) "Discharge" means that the department of youth 16,753
services' legal custody of a child is terminated. 16,754
(9) "Release" means the termination of a child's stay in 16,756
an institution and the subsequent period during which the child 16,757
returns to the community under the terms and conditions of 16,758
supervised release.
(10) "Delinquent child" has the same meaning as in section 16,760
2151.02 2152.02 of the Revised Code. 16,761
(11) "Felony delinquent" means any child who is at least 16,763
twelve years of age but less than eighteen years of age and who 16,764
is adjudicated a delinquent child for having committed an act 16,765
that if committed by an adult would be a felony. "Felony 16,766
delinquent" includes any adult who is between the ages of 16,767
eighteen and twenty-one and who is in the legal custody of the 16,768
department of youth services for having committed an act that if 16,769
committed by an adult would be a felony. 16,770
(12) "Juvenile traffic offender" has the same meaning as 16,772
in section 2151.021 2152.02 of the Revised Code. 16,773
(13) "Public safety beds" means all of the following: 16,775
(a) Felony delinquents who have been committed to the 16,777
department of youth services for the commission of an act, other 16,778
than a violation of section 2911.01 or 2911.11 of the Revised 16,779
Code, that is a category one offense or a category two offense 16,780
and who are in the care and custody of an institution or have 16,781
been diverted from care and custody in an institution and placed 16,782
in a community corrections facility; 16,783
(b) Felony delinquents who, while committed to the 16,785
department of youth services and in the care and custody of an 16,786
institution or a community corrections facility, are adjudicated 16,787
delinquent children for having committed in that institution or 16,790
community corrections facility an act that if committed by an 16,791
adult would be a felony;
391
(c) Children who satisfy all of the following: 16,793
(i) They are at least twelve years of age but less than 16,796
eighteen years of age.
(ii) They are adjudicated delinquent children for having 16,799
committed acts that if committed by an adult would be a felony. 16,800
(iii) They are committed to the department of youth 16,803
services by the juvenile court of a county that has had one-tenth 16,804
of one per cent or less of the statewide adjudications for felony 16,805
delinquents as averaged for the past four fiscal years. 16,807
(iv) They are in the care and custody of an institution or 16,809
a community corrections facility. 16,810
(d) Felony delinquents who, while committed to the 16,812
department of youth services and in the care and custody of an 16,813
institution, commit in that institution an act that if committed 16,814
by an adult would be a felony, who are serving disciplinary time 16,815
for having committed that act, and who have been 16,817
institutionalized or institutionalized in a secure facility for 16,818
the minimum period of time specified in division (A)(4) or (5) 16,819
DIVISIONS (A)(1)(b) TO (f) of section 2151.355 2152.16 of the 16,820
Revised Code.
(e) Felony delinquents who are subject to and serving a 16,822
three-year period of commitment order imposed by a juvenile court 16,823
pursuant to division (A)(7) DIVISIONS (A) AND (B) of section 16,825
2151.355 2152.17 of the Revised Code for an act, other than a 16,826
violation of section 2911.11 of the Revised Code, that would be a 16,827
category one offense or category two offense if committed by an 16,828
adult.
(f) Felony delinquents who are described in divisions 16,830
(A)(13)(a) to (e) of this section, who have been granted a 16,832
judicial release TO COURT SUPERVISION under division (B) of 16,834
section 2151.38 2152.22 of the Revised Code or an early A 16,835
JUDICIAL release TO THE DEPARTMENT OF YOUTH SERVICES SUPERVISION 16,836
under division (C) of that section from the commitment to the 16,838
department of youth services for the act described in divisions 16,839
392
(A)(13)(a) to (e) of this section, who have violated the terms 16,840
and conditions of that judicial release or early release, and 16,841
who, pursuant to an order of the court of the county in which the 16,842
particular felony delinquent was placed on release that is issued 16,843
pursuant to division (D) of section 2151.38 2152.22 of the 16,845
Revised Code, have been returned to the department for 16,846
institutionalization or institutionalization in a secure 16,847
facility.
(g) Felony delinquents who have been committed to the 16,850
custody of the department of youth services, who have been 16,851
granted supervised release from the commitment pursuant to 16,852
section 5139.51 of the Revised Code, who have violated the terms 16,854
and conditions of that supervised release, and who, pursuant to 16,855
an order of the court of the county in which the particular child 16,856
was placed on supervised release issued pursuant to division (F) 16,857
of section 5139.52 of the Revised Code, have had the supervised 16,858
release revoked and have been returned to the department for 16,859
institutionalization. A felony delinquent described in this 16,860
division shall be a public safety bed only for the time during 16,861
which the felony delinquent is institutionalized as a result of 16,862
the revocation subsequent to the initial thirty-day period of 16,863
institutionalization required by division (F) of section 5139.52 16,864
of the Revised Code. 16,865
(14) "State target youth" means twenty-five per cent of 16,867
the projected total number of felony delinquents for each year of 16,868
a biennium, factoring in revocations and recommitments. 16,869
(15) Unless the context requires a different meaning, 16,871
"community corrections facility" means a county or multicounty 16,872
rehabilitation center for felony delinquents who have been 16,873
committed to the department of youth services and diverted from 16,874
care and custody in an institution and placed in the 16,875
rehabilitation center pursuant to division (E) of section 5139.36 16,876
of the Revised Code. 16,877
(16) "Secure facility" means any facility that is designed 16,879
393
and operated to ensure that all of its entrances and exits are 16,880
under the exclusive control of its staff and to ensure that, 16,881
because of that exclusive control, no child who has been 16,882
institutionalized in the facility may leave the facility without
permission or supervision. 16,883
(17) "Community residential program" means a program that 16,885
satisfies both of the following: 16,886
(a) It is housed in a building or other structure that has 16,888
no associated major restraining construction, including, but not 16,889
limited to, a security fence. 16,890
(b) It provides twenty-four-hour care, supervision, and 16,892
programs for felony delinquents who are in residence. 16,893
(18) "Category one offense" and "category two offense" 16,895
have the same meanings as in section 2151.26 of the Revised Code. 16,897
(19) "Disciplinary time" means additional time that the 16,900
department of youth services requires a felony delinquent to 16,901
serve in an institution, that delays the PERSON'S OR felony 16,902
delinquent's planned release, and that the department imposes 16,904
upon the PERSON OR felony delinquent following the conduct of an 16,905
internal due process hearing for having committed any of the 16,906
following acts while committed to the department and in the care 16,907
and custody of an institution: 16,908
(a) An act that if committed by an adult would be a 16,911
felony;
(b) An act that if committed by an adult would be a 16,914
misdemeanor;
(c) An act that is not described in division (A)(19)(a) or 16,917
(b) of this section and that violates an institutional rule of 16,918
conduct of the department.
(20) "Unruly child" has the same meaning as in section 16,920
2151.022 of the Revised Code. 16,921
(21) "Revocation" means the act of revoking a child's 16,923
supervised release for a violation of a term or condition of the 16,924
child's supervised release in accordance with section 5139.52 of 16,926
394
the Revised Code.
(22) "Release authority" means the release authority of 16,929
the department of youth services that is established by section
5139.50 of the Revised Code. 16,930
(23) "Supervised release" means the event of the release 16,933
of a child under this chapter from an institution and the period
after that release during which the child is supervised and 16,934
assisted by an employee of the department of youth services under 16,935
specific terms and conditions for reintegration of the child into 16,936
the community.
(24) "Victim" means the person identified in a police 16,938
report, complaint, or information as the victim of an act that 16,940
would have been a criminal offense if committed by an adult and 16,941
that provided the basis for adjudication proceedings resulting in 16,942
a child's commitment to the legal custody of the department of 16,943
youth services.
(25) "Victim's representative" means a member of the 16,945
victim's family or another person whom the victim or another 16,946
authorized person designates in writing, pursuant to section 16,948
5139.56 of the Revised Code, to represent the victim with respect 16,949
to proceedings of the release authority of the department of 16,950
youth services and with respect to other matters specified in 16,951
that section.
(26) "Member of the victim's family" means a spouse, 16,953
child, stepchild, sibling, parent, stepparent, grandparent, other 16,954
relative, or legal guardian of a child but does not include a 16,955
person charged with, convicted of, or adjudicated a delinquent 16,956
child for committing a criminal or delinquent act against the 16,957
victim or another criminal or delinquent act arising out of the 16,959
same conduct, criminal or delinquent episode, or plan as the
criminal or delinquent act committed against the victim. 16,960
(27) "Judicial release TO COURT SUPERVISION" means a 16,963
release of a child from institutional care or institutional care 16,965
in a secure facility that is granted by a court pursuant to 16,966
395
division (B) of section 2151.38 2152.22 of the Revised Code 16,967
during the period specified in that division. 16,969
(28) "Early JUDICIAL release TO DEPARTMENT OF YOUTH 16,972
SERVICES SUPERVISION" means a release of a child from 16,973
institutional care or institutional care in a secure facility 16,974
that is granted by a court pursuant to division (C) of section 16,975
2151.38 2152.22 of the Revised Code during the period specified 16,977
in that division.
(B) There is hereby created the department of youth 16,979
services. The governor shall appoint the director of the 16,980
department with the advice and consent of the senate. The 16,981
director shall hold office during the term of the appointing 16,982
governor but subject to removal at the pleasure of the governor. 16,983
Except as otherwise authorized in section 108.05 of the Revised 16,984
Code, the director shall devote the director's entire time to the 16,986
duties of the director's office and shall hold no other office or 16,987
position of trust or profit during the director's term of office. 16,989
The director is the chief executive and administrative 16,991
officer of the department and has all the powers of a department 16,992
head set forth in Chapter 121. of the Revised Code. The director 16,994
may adopt rules for the government of the department, the conduct 16,995
of its officers and employees, the performance of its business, 16,996
and the custody, use, and preservation of the department's 16,997
records, papers, books, documents, and property. The director 16,998
shall be an appointing authority within the meaning of Chapter 16,999
124. of the Revised Code. Whenever this or any other chapter or 17,000
section of the Revised Code imposes a duty on or requires an 17,001
action of the department, the duty or action shall be performed 17,002
by the director or, upon the director's order, in the name of the 17,003
department. 17,004
Sec. 5139.04. The department of youth services shall do 17,013
all of the following: 17,014
(A) Support service districts through a central 17,016
administrative office that shall have as its administrative head 17,017
396
a deputy director who shall be appointed by the director of the 17,018
department. When a vacancy occurs in the office of that deputy 17,019
director, an assistant deputy director shall act as that deputy 17,021
director until the vacancy is filled. The position of deputy 17,022
director and assistant deputy director described in this division 17,023
shall be in the unclassified civil service of the state. 17,025
(B) Receive custody of all children committed to it under 17,027
Chapter 2151. 2152. of the Revised Code, cause a study to be made 17,029
of those children, and issue any orders, as it considers best 17,030
suited to the needs of any of those children and the interest of 17,031
the public, for the treatment of each of those children; 17,032
(C) Obtain personnel necessary for the performance of its 17,034
duties; 17,035
(D) Train or provide for training of probation and youth 17,037
correction workers; 17,038
(E) Adopt rules that regulate its organization and 17,041
operation, that implement sections 5139.34 and 5139.41 to 5139.45 17,042
of the Revised Code, and that pertain to the administration of 17,043
other sections of this chapter; 17,045
(F) Submit reports of its operations to the governor and 17,047
the general assembly by the thirty-first day of January of each 17,048
odd-numbered year; 17,049
(G) Conduct a program of research in diagnosis, training, 17,051
and treatment of delinquent children to evaluate the 17,052
effectiveness of the department's services and to develop more 17,053
adequate methods; 17,054
(H) Receive reports from the juvenile courts under 17,056
division (C)(3)(b) of section 5139.43 of the Revised Code and 17,057
prepare an annual report of state juvenile court statistics and 17,058
information based upon those reports. The department shall make 17,059
available a copy of the annual report to the governor and members 17,060
of the general assembly upon request. 17,061
(I) Develop a standard form for the disposition 17,063
investigation report that a juvenile court is required pursuant 17,065
397
to section 2151.355 2152.18 of the Revised Code to complete and 17,067
provide to the department when the court commits a child to the 17,068
legal custody of the department;
(J) Do all other acts necessary or desirable to carry out 17,070
this chapter. 17,071
Sec. 5139.05. (A) The juvenile court may commit any child 17,080
to the department of youth services permanently as authorized in 17,081
section 2151.355 CHAPTER 2152. of the Revised Code, provided that 17,083
any child so committed shall be at least twelve TEN years of age 17,084
at the time of the child's commitment DELINQUENT ACT. Any order 17,086
to commit a child to an institution under the control and 17,089
management of the department shall have the effect of ordering 17,090
that the child be committed to the department and assigned to an 17,091
institution as follows:
(1) For an indefinite term consisting of the prescribed 17,094
minimum period of time COURT CONTROL SET BY THE COURT and a 17,095
maximum period not to exceed the child's attainment of twenty-one 17,096
years of age, if the child was committed pursuant to division 17,097
(A)(4) or (5) of section 2151.355 2152.16 of the Revised Code; 17,098
(2) Until the child's attainment of twenty-one years of 17,100
age, if the child was committed FOR AGGRAVATED MURDER OR MURDER 17,102
pursuant to division (A)(6) of that section 2152.16 OF THE 17,103
REVISED CODE;
(3) For a period of commitment that shall be in addition 17,105
to, and shall be served consecutively with and prior to, a period 17,106
of commitment described in division (A)(1) or (2) of this 17,107
section, if the child was committed pursuant to division (A)(7) 17,108
of section 2151.355 2152.17 of the Revised Code; 17,111
(4) For any period of commitment imposed under division 17,113
(A)(7) of section 2151.355 of the Revised Code and for 17,116
consecutive periods of commitment as described in division (A)(1) 17,117
or (2) of this section, if the child was the subject of a 17,118
consecutive periods of commitment order issued by the court 17,119
pursuant to division (B)(2) of section 2151.355 of the Revised 17,120
398
Code.
(B)(1) The release authority of the department of youth 17,122
services, in accordance with section 5139.51 of the Revised Code 17,123
AND AT ANY TIME AFTER THE END OF THE PERIOD OF COURT CONTROL 17,124
IMPOSED UNDER SECTION 2152.16 OF THE REVISED CODE, may grant the 17,125
release from institutionalization CUSTODY of any child committed 17,126
to the department. 17,127
The order committing a child to the department of youth 17,129
services shall state that the child has been adjudicated a 17,130
delinquent child and that STATE THE PERIOD OF COURT CONTROL OVER 17,132
the commitment is permanent UNDER SECTION 2152.12 OR 2152.13 OF 17,133
THE REVISED CODE. The jurisdiction of the court terminates at 17,134
the time of the commitment END OF THE PERIOD OF COURT CONTROL 17,135
except in AS FOLLOWS: 17,136
(a) IN relation to procedures for the judicial release or 17,139
early release of children from institutionalization or 17,141
institutionalization in a secure facility and hearings conducted 17,143
relative to judicial release or early release; except in relation 17,144
to its authority to add additional consistent terms and 17,145
conditions regarding early release that are not prohibited under 17,146
division (C)(2) of section 2151.38 of the Revised Code; except in 17,148
relation to its authority to add additional terms and conditions 17,149
regarding judicial release; except in relation to hearings 17,152
conducted relative to violations of the terms and conditions of a 17,153
judicial release or early release; except in relation to the 17,155
functions of the court related to the granting of supervised 17,156
release, with respect to violations of supervised release, and 17,157
with PROCEDURES, SUPERVISION, AND VIOLATIONS; 17,158
(b) WITH respect to functions of the court related to the 17,161
revocation of supervised release that are specified in sections 17,163
5139.51 and 5139.52 of the Revised Code; and except that the 17,166
department may petition the court for an order terminating its 17,167
custody. When 17,168
(c) IN RELATION TO ITS DUTIES RELATING TO SERIOUS YOUTHFUL 17,170
399
OFFENDER DISPOSITIONAL SENTENCES UNDER SECTIONS 2152.13 AND 17,171
2152.14 OF THE REVISED CODE.
(2) WHEN a child has been committed permanently to the 17,173
department UNDER SECTION 2152.16 OF THE REVISED CODE, the 17,175
department shall retain legal custody of the child until the time 17,176
that it terminates its legal custody of the child by discharging 17,178
ONE OF THE FOLLOWING:
(a) THE DEPARTMENT DISCHARGES the child to the exclusive 17,180
management, control, and custody of the child's parent or the 17,182
guardian of the child's person or, if the child is eighteen years 17,183
of age or older, by discharging DISCHARGES the child, until the. 17,184
(b) THE committing court, upon its own motion, upon 17,187
petition of the parent, guardian of the person, or next friend of 17,188
a child, or upon petition of the department, terminates the 17,189
department's legal custody of the child, until the. 17,190
(c) THE committing court grants the child a judicial 17,193
release TO COURT SUPERVISION under division (B) of section 17,194
2151.38 2152.22 of the Revised Code, or until the. 17,195
(d) THE department's legal custody of the child is 17,198
terminated automatically by the child attaining twenty-one years 17,199
of age.
(e) IF THE CHILD IS SUBJECT TO A SERIOUS YOUTHFUL OFFENDER 17,201
DISPOSITIONAL SENTENCE, THE ADULT PORTION OF THAT DISPOSITIONAL 17,202
SENTENCE IS IMPOSED UNDER SECTION 2152.14 OF THE REVISED CODE. 17,203
(C) When a child is committed to the department of youth 17,205
services, the department may assign the child to a hospital for 17,206
mental, physical, and other examination, inquiry, or treatment 17,207
for the period of time that is necessary. The department may 17,208
remove any child in its custody to a hospital for observation, 17,209
and a complete report of every observation at the hospital shall 17,211
be made in writing and shall include a record of observation, 17,212
treatment, and medical history and a recommendation for future 17,213
treatment, custody, and maintenance. The department shall 17,214
thereupon order the placement and treatment that it determines to 17,215
400
be most conducive to the purposes of Chapters 2151. and 5139. of 17,216
the Revised Code. The committing court and all public 17,217
authorities shall make available to the department all pertinent 17,218
data in their possession with respect to the case.
(D) Records maintained by the department of youth services 17,220
pertaining to the children in its custody shall be accessible 17,221
only to department employees, except by consent of the department 17,222
or upon the order of the judge of a court of record. These 17,223
records shall not be considered "public records," as defined in 17,224
section 149.43 of the Revised Code. 17,225
Except as otherwise provided by a law of this state or the 17,227
United States, the department of youth services may release 17,228
records that are maintained by the department of youth services 17,229
and that pertain to children in its custody to the department of 17,230
rehabilitation and correction regarding persons who are under the 17,231
jurisdiction of the department of rehabilitation and correction 17,232
and who have previously been committed to the department of youth
services. The department of rehabilitation and correction may 17,233
use those records for the limited purpose of carrying out the 17,234
duties of the department of rehabilitation and correction. 17,235
Records released by the department of youth services to the 17,236
department of rehabilitation and correction shall remain
confidential and shall not be considered public records as 17,237
defined in section 149.43 of the Revised Code. 17,238
(E)(1) When a child is committed to the department of 17,240
youth services, the department, orally or in writing, shall 17,241
notify the parent, guardian, or custodian of a child that the 17,242
parent, guardian, or custodian may request at any time from the 17,243
superintendent of the institution in which the child is located 17,244
any of the information described in divisions (E)(1)(a), (b), 17,245
(c), and (d) of this section. The parent, guardian, or custodian 17,246
may provide the department with the name, address, and telephone 17,247
number of the parent, guardian, or custodian, and, until the 17,248
department is notified of a change of name, address, or telephone 17,249
401
number, the department shall use the name, address, and telephone 17,250
number provided by the parent, guardian, or custodian to provide 17,251
notices or answer inquiries concerning the following information: 17,252
(a) When the department of youth services makes a 17,254
permanent assignment of the child to a facility, the department, 17,255
orally or in writing and on or before the third business day 17,256
after the day the permanent assignment is made, shall notify the 17,257
parent, guardian, or custodian of the child of the name of the 17,258
facility to which the child has been permanently assigned. 17,259
If a parent, guardian, or custodian of a child who is 17,261
committed to the department of youth services requests, orally or 17,262
in writing, the department to provide the parent, guardian, or 17,263
custodian with the name of the facility in which the child is 17,265
currently located, the department, orally or in writing and on or 17,266
before the next business day after the day on which the request 17,267
is made, shall provide the name of that facility to the parent, 17,268
guardian, or custodian.
(b) If a parent, guardian, or custodian of a child who is 17,270
committed to the department of youth services, orally or in 17,271
writing, asks the superintendent of the institution in which the 17,272
child is located whether the child is being disciplined by the 17,273
personnel of the institution, what disciplinary measure the 17,274
personnel of the institution are using for the child, or why the 17,275
child is being disciplined, the superintendent or the 17,276
superintendent's designee, on or before the next business day 17,278
after the day on which the request is made, shall provide the 17,279
parent, guardian, or custodian with written or oral responses to 17,280
the questions.
(c) If a parent, guardian, or custodian of a child who is 17,282
committed to the department of youth services, orally or in 17,283
writing, asks the superintendent of the institution in which the 17,284
child is held whether the child is receiving any medication from 17,285
personnel of the institution, what type of medication the child 17,286
is receiving, or what condition of the child the medication is 17,287
402
intended to treat, the superintendent or the superintendent's 17,289
designee, on or before the next business day after the day on 17,290
which the request is made, shall provide the parent, guardian, or 17,291
custodian with oral or written responses to the questions. 17,292
(d) When a major incident occurs with respect to a child 17,294
who is committed to the department of youth services, the 17,295
department, as soon as reasonably possible after the major 17,296
incident occurs, shall notify the parent, guardian, or custodian 17,297
of the child that a major incident has occurred with respect to 17,298
the child and of all the details of that incident that the 17,299
department has ascertained. 17,300
(2) The failure of the department of youth services to 17,302
provide any notification required by or answer any requests made 17,303
pursuant to division (E) of this section does not create a cause 17,304
of action against the state. 17,305
(F) The department of youth services, as a means of 17,307
punishment while the child is in its custody, shall not prohibit 17,308
a child who is committed to the department from seeing that 17,309
child's parent, guardian, or custodian during standard visitation 17,310
periods allowed by the department of youth services unless the 17,311
superintendent of the institution in which the child is held 17,312
determines that permitting that child to visit with the child's 17,314
parent, guardian, or custodian would create a safety risk to that 17,315
child, that child's parents, guardian, or custodian, the 17,316
personnel of the institution, or other children held in that 17,317
institution.
(G) As used in this section: 17,319
(1) "Permanent assignment" means the assignment or 17,321
transfer for an extended period of time of a child who is 17,322
committed to the department of youth services to a facility in 17,323
which the child will receive training or participate in 17,324
activities that are directed toward the child's successful 17,325
rehabilitation. "Permanent assignment" does not include the 17,326
transfer of a child to a facility for early JUDICIAL release 17,327
403
hearings pursuant to section 2151.38 2152.22 of the Revised Code 17,329
or for any other temporary assignment or transfer to a facility. 17,331
(2) "Major incident" means the escape or attempted escape 17,333
of a child who has been committed to the department of youth 17,334
services from the facility to which the child is assigned; the 17,335
return to the custody of the department of a child who has 17,336
escaped or otherwise fled the custody and control of the 17,337
department without authorization; the allegation of any sexual 17,338
activity with a child committed to the department; physical 17,339
injury to a child committed to the department as a result of 17,340
alleged abuse by department staff; an accident resulting in 17,341
injury to a child committed to the department that requires 17,342
medical care or treatment outside the institution in which the 17,343
child is located; the discovery of a controlled substance upon 17,344
the person or in the property of a child committed to the 17,345
department; a suicide attempt by a child committed to the 17,346
department; a suicide attempt by a child committed to the 17,347
department that results in injury to the child requiring 17,348
emergency medical services outside the institution in which the 17,349
child is located; the death of a child committed to the 17,350
department; an injury to a visitor at an institution under the 17,351
control of the department that is caused by a child committed to 17,352
the department; and the commission or suspected commission of an 17,353
act by a child committed to the department that would be an 17,354
offense if committed by an adult. 17,355
(3) "Sexual activity" has the same meaning as in section 17,357
2907.01 of the Revised Code. 17,358
(4) "Controlled substance" has the same meaning as in 17,360
section 3719.01 of the Revised Code. 17,361
Sec. 5139.06. (A) When a child has been committed to the 17,370
department of youth services, it THE DEPARTMENT shall do both of 17,371
the following: 17,372
(1) Place the child in an appropriate institution under 17,374
the condition that it considers best designed for the training 17,375
404
and rehabilitation of the child and the protection of the public, 17,376
provided that the institutional placement shall be consistent 17,377
with the order committing the child to its custody; 17,378
(2) Maintain the child in institutional care or 17,380
institutional care in a secure facility for the required period 17,381
of institutionalization in a manner consistent with division 17,383
(A)(4), (5), (6), or (7)(1) of section 2151.355 2152.16 AND 17,384
DIVISIONS (A) TO (E) OF SECTION 2152.17 of the Revised Code, 17,385
whichever is ARE applicable, and with section 5139.38 or division 17,387
(B) or (C) of section 2151.38 2152.22 of the Revised Code. 17,388
(B) When a child has been committed to the department of 17,390
youth services and has not been institutionalized or 17,392
institutionalized in a secure facility for the prescribed minimum 17,394
periods of time or the prescribed period of time, including, but 17,395
not limited to, a prescribed period of time under division 17,397
(A)(6)(1)(a) of section 2151.355 2152.16 of the Revised Code, the 17,398
department, the child, or the child's parent may request the 17,400
court that committed the child to order a judicial release TO 17,401
COURT SUPERVISION or an early A JUDICIAL release from 17,403
institutionalization or institutionalization in a secure facility 17,405
TO DEPARTMENT OF YOUTH SERVICES SUPERVISION in accordance with 17,406
division (B) or (C) of section 2151.38 2152.22 of the Revised 17,407
Code, and the child may be released from institutionalization or 17,410
institutionalization in a secure facility in accordance with the 17,411
applicable division. A child in those circumstances shall not be 17,413
released from institutionalization or institutionalization in a 17,414
secure facility except in accordance with section 2151.38 2152.22 17,415
or 5139.38 of the Revised Code. When a child is released 17,419
pursuant to a judicial release TO COURT SUPERVISION under
division (B) of section 2151.38 2152.22 of the Revised Code, the 17,421
department shall comply with division (B)(2)(3) of that section 17,423
and, if the court requests, shall send the committing court a 17,424
report on the child's progress in the institution and 17,425
recommendations for terms and conditions of supervision by the 17,427
405
court after release. When a child is released pursuant to an 17,428
early A JUDICIAL release TO DEPARTMENT OF YOUTH SERVICES 17,429
SUPERVISION under division (C) of section 2151.38 2152.22 of the 17,431
Revised Code, the department shall comply with division (C)(2)(3) 17,432
of that section relative to the child and shall send the 17,434
committing court and the juvenile court of the county in which 17,435
the child is placed a copy of the treatment and rehabilitation 17,436
plan described in that division and the terms and conditions that 17,437
it fixed. The court of the county in which the child is placed 17,438
may adopt the terms and conditions as an order of the court and 17,439
may add any additional consistent terms and conditions it 17,440
considers appropriate, provided that the court may not add any 17,442
term or condition that decreases the level or degree of
supervision specified by the department in its plan, that 17,443
substantially increases the financial burden of supervision that 17,444
will be experienced by the department, or that alters the 17,445
placement specified by the department in its plan. Any 17,447
violations of the terms and conditions of the child's judicial 17,448
release or early release shall be handled pursuant to division 17,449
(D) of section 2151.38 2152.22 of the Revised Code. 17,450
(C) When a child has been committed to the department of 17,452
youth services, it THE DEPARTMENT may do any of the following: 17,453
(1) Notwithstanding the provisions of this chapter or, 17,455
Chapter 2151., OR CHAPTER 2152. of the Revised Code that 17,457
prescribe required periods of institutionalization, transfer the 17,458
child to any other state institution, whenever it appears that 17,460
the child by reason of mental illness, mental retardation, or 17,461
other developmental disability ought to be in another state 17,462
institution. Before transferring a child to any other state 17,463
institution, the department shall include in the minutes a record 17,464
of the order of transfer and the reason for the transfer and, at 17,465
least seven days prior to the transfer, shall send a certified 17,466
copy of the order to the person shown by its record to have had 17,467
the care or custody of the child immediately prior to the child's 17,468
406
commitment. Except as provided in division (C)(2) of this 17,469
section, no person shall be transferred from a benevolent 17,471
institution to a correctional institution or to a facility or 17,472
institution operated by the department of youth services. 17,473
(2) Notwithstanding the provisions of this chapter or, 17,475
Chapter 2151., OR CHAPTER 2152. of the Revised Code that 17,477
prescribe required periods of institutionalization, transfer the 17,478
child under section 5120.162 of the Revised Code to a 17,480
correctional medical center established by the department of 17,481
rehabilitation and correction, whenever the child has an illness, 17,482
physical condition, or other medical problem and it appears that 17,483
the child would benefit from diagnosis or treatment at the center 17,484
for that illness, condition, or problem. Before transferring a 17,485
child to a center, the department of youth services shall include 17,486
in the minutes a record of the order of transfer and the reason 17,487
for the transfer and, except in emergency situations, at least 17,488
seven days prior to the transfer, shall send a certified copy of 17,489
the order to the person shown by its records to have had the care 17,490
or custody of the child immediately prior to the child's 17,491
commitment. If the transfer of the child occurs in an emergency 17,492
situation, as soon as possible after the decision is made to make 17,493
the transfer, the department of youth services shall send a 17,494
certified copy of the order to the person shown by its records to 17,495
have had the care or custody of the child immediately prior to 17,496
the child's commitment. A transfer under this division shall be 17,497
in accordance with the terms of the agreement the department of 17,498
youth services enters into with the department of rehabilitation 17,499
and correction under section 5120.162 of the Revised Code and 17,500
shall continue only as long as the child reasonably appears to 17,501
receive benefit from diagnosis or treatment at the center for an 17,502
illness, physical condition, or other medical problem. 17,503
(3) Revoke or modify any order of the department except an 17,505
order of discharge as often as conditions indicate it to be 17,506
desirable; 17,507
407
(4) If the child was committed pursuant to division (A)(4) 17,509
or (5)(1)(b), (c), (d), (e), OR (f) of section 2151.355 2152.16 17,511
of the Revised Code and has been institutionalized or 17,512
institutionalized in a secure facility for the prescribed minimum 17,513
periods of time under those divisions, assign the child to a 17,515
family home, a group care facility, or other place maintained 17,516
under public or private auspices, within or without this state, 17,517
for necessary treatment and rehabilitation, the costs of which 17,518
may be paid by the department, provided that the department shall 17,519
notify the committing court, in writing, of the place and terms 17,520
of the assignment at least fifteen days prior to the scheduled 17,521
date of the assignment.; 17,522
(5) Release the child from an institution in accordance 17,525
with sections 5139.51 to 5139.54 of the Revised Code in the 17,526
circumstances described in those sections. 17,527
(D) The department of youth services shall notify the 17,529
committing court of any order transferring the physical location 17,530
of any child committed to it in accordance with section 5139.35 17,531
of the Revised Code. Upon the discharge from its custody and 17,532
control, the department may petition the court for an order 17,533
terminating its custody and control. 17,534
Sec. 5139.07. As a means of correcting the socially 17,543
harmful tendencies of a child committed to it, the department of 17,544
youth services may require participation by the child in 17,545
vocational, physical, educational, and corrective training and 17,546
activities, and the conduct and modes of life that seem best 17,547
adapted to rehabilitate the child and fit the child for return to 17,549
full liberty without danger to the public welfare. The 17,550
department may monetarily compensate the child for the activities 17,551
described in this section by transferring the wages of the child 17,552
for those activities to the appropriate youth benefit fund
created under section 5139.86 of the Revised Code. This section 17,553
does not permit the department to release a child committed to it 17,555
from institutional care or institutional care in a secure 17,556
408
facility, whichever is applicable, other than in accordance with 17,557
sections 2151.38 2152.22, 5139.06, 5139.38, and 5139.50 to 17,559
5139.54 of the Revised Code.
The department may require a child committed to it to 17,561
return to the child's home or to be placed in a foster care 17,562
placement if it is authorized to make a placement of that nature 17,563
under sections 2151.38 2152.22, 5139.06, 5139.38, and 5139.50 to 17,564
5139.54 of the Revised Code. Any placement of that nature shall 17,566
be made in accordance with those sections. The legal residence 17,567
of a child so placed by the department is the place in which the 17,568
child is residing in accordance with a department order of 17,569
placement. The school district responsible for payment of 17,570
tuition on behalf of the child so placed shall be determined 17,571
pursuant to section 3313.64 or 3313.65 of the Revised
Sec. 5139.11. The department of youth services shall do 17,580
all of the following: 17,581
(A) Through a program of education, promotion, and 17,583
organization, form groups of local citizens and assist these 17,584
groups in conducting activities aimed at the prevention and 17,585
control of juvenile delinquency, making use of local people and 17,586
resources for the following purposes: 17,587
(1) Combatting local conditions known to contribute to 17,589
juvenile delinquency; 17,590
(2) Developing recreational and other programs for youth 17,592
work; 17,593
(3) Providing adult sponsors for delinquent children 17,595
cases; 17,596
(4) Dealing with other related problems of the locality;. 17,598
(B) Advise local, state, and federal officials, public and 17,600
private agencies, and lay groups on the needs for and possible 17,601
methods of the reduction and prevention of juvenile delinquency 17,602
and the treatment of delinquent children; 17,603
(C) Consult with the schools and courts of this state on 17,605
the development of programs for the reduction and prevention of 17,606
409
delinquency and the treatment of delinquents; 17,607
(D) Cooperate with other agencies whose services deal with 17,609
the care and treatment of delinquent children to the end that 17,610
delinquent children who are state wards may be assisted whenever 17,611
possible to a successful adjustment outside of institutional 17,612
care; 17,613
(E) Cooperate with other agencies in surveying, 17,615
developing, and utilizing the recreational resources of a 17,616
community as a means of combatting the problem of juvenile 17,617
delinquency and effectuating rehabilitation; 17,618
(F) Hold district and state conferences from time to time 17,620
in order to acquaint the public with current problems of juvenile 17,621
delinquency and develop a sense of civic responsibility toward 17,622
the prevention of juvenile delinquency; 17,623
(G) Assemble and distribute information relating to 17,625
juvenile delinquency and report on studies relating to community 17,626
conditions that affect the problem of juvenile delinquency; 17,627
(H) Assist any community within the state by conducting a 17,629
comprehensive survey of the community's available public and 17,630
private resources, and recommend methods of establishing a 17,631
community program for combatting juvenile delinquency and crime, 17,632
but no survey of that type shall be conducted unless local 17,633
individuals and groups request it through their local 17,634
authorities, and no request of that type shall be interpreted as 17,635
binding the community to following the recommendations made as a 17,636
result of the request; 17,637
(I) Evaluate the rehabilitation of children committed to 17,639
the department and prepare and submit periodic reports to the 17,640
committing court for the following purposes: 17,641
(1) Evaluating the effectiveness of institutional 17,643
treatment; 17,644
(2) Making recommendations for early JUDICIAL release 17,646
where UNDER SECTION 2152.22 OF THE REVISED CODE IF appropriate 17,648
and recommending terms and conditions for JUDICIAL release; 17,649
410
(3) Reviewing the placement of children and recommending 17,651
alternative placements where appropriate. 17,652
(J) Coordinate dates for hearings to be conducted under 17,654
section 2151.38 2152.22 of the Revised Code and assist in the 17,655
transfer and release of children from institutionalization to the 17,657
custody of the committing court. 17,658
Sec. 5139.18. (A) Except with respect to children who are 17,667
granted a judicial release TO COURT SUPERVISION pursuant to 17,668
division (B) of section 2151.38 2152.22 of the Revised Code, the 17,670
department of youth services is responsible for locating homes or 17,672
jobs for children released from its institutions, for supervision 17,673
of children released from its institutions, and for providing or 17,674
arranging for the provision to those children of appropriate 17,675
services that are required to facilitate their satisfactory 17,676
community adjustment.
(B) The department of youth services shall exercise 17,678
general supervision over all children who have been released on 17,679
placement from any of its institutions other than children who 17,680
are granted a judicial release TO COURT SUPERVISION pursuant to 17,681
division (B) of section 2151.38 2152.22 of the Revised Code. The 17,683
director of youth services, with the consent and approval of the 17,684
board of county commissioners of any county, may contract with 17,685
the public children services agency of that county, the 17,686
department of probation of that county established pursuant to 17,687
section 2301.27 of the Revised Code, or the probation department 17,688
or service established pursuant to sections 2151.01 to 2151.54 of 17,689
the Revised Code for the provision of direct supervision and 17,690
control over and the provision of supportive assistance to all 17,691
children who have been released on placement into that county 17,692
from any of its institutions, or, with the consent of the 17,693
juvenile judge or the administrative judge of the juvenile court 17,694
of any county, contract with any other public agency, 17,695
institution, or organization that is qualified to provide the 17,696
care and supervision that is required under the terms and 17,697
411
conditions of the child's treatment plan for the provision of 17,698
direct supervision and control over and the provision of 17,699
supportive assistance to all children who have been released on 17,700
placement into that county from any of its institutions. 17,701
(C) Whenever any placement official has reasonable cause 17,703
to believe that any child released by a court pursuant to section 17,704
2151.38 2152.22 of the Revised Code has violated the terms and 17,706
conditions of the child's placement, the official may request, in 17,707
writing, from the committing court or transferee court a 17,708
custodial order, and, upon reasonable and probable cause, the 17,709
court may order any sheriff, deputy sheriff, constable, or police 17,710
officer to apprehend the child. A child so apprehended may be 17,711
confined in the detention home FACILITY of the county in which 17,712
the child is apprehended until further order of the court. If a 17,713
child who was released on supervised release by the release 17,714
authority of the department of youth services or a child who was 17,715
granted an early A JUDICIAL release TO DEPARTMENT OF YOUTH 17,716
SERVICES SUPERVISION violates the terms and conditions of the 17,718
supervised release or early JUDICIAL release, section 5139.52 of 17,719
the Revised Code applies with respect to that child.
Sec. 5139.191. Any sheriff, deputy sheriff, constable, 17,728
officer of state or local police, or employee of the department 17,730
of youth services shall apprehend any child who has escaped from 17,732
an institution under the jurisdiction of the department and 17,734
return him THE CHILD. The written request of the superintendent 17,735
of the institution from which the child has escaped shall be 17,736
sufficient cause to authorize the apprehension and return of the 17,738
child to the institution. Such request shall state the name and 17,740
description of the child, that the child is under the 17,742
jurisdiction of the department of youth services, and that the 17,743
superintendent has personal knowledge that the child has escaped. 17,744
A child so apprehended may be confined in the detention home 17,745
FACILITY of the county in which he THE CHILD is apprehended until 17,748
removed to the proper institution.
412
Sec. 5139.20. (A) Notwithstanding any other provision of 17,757
the Revised Code that sets forth the minimum periods or period 17,758
for which a child committed to the department of youth services 17,759
is to be institutionalized or institutionalized in a secure 17,760
facility or the procedures for the judicial release TO COURT 17,761
SUPERVISION or early JUDICIAL release from institutional care or 17,762
institutional care in a secure facility TO DEPARTMENT OF YOUTH 17,763
SERVICES SUPERVISION, the department may grant emergency releases 17,765
to children confined in state juvenile institutions if the 17,766
governor, upon request of the director of the department 17,767
authorizes the director, in writing, to issue a declaration that 17,768
an emergency overcrowding condition exists in all of the 17,769
institutions in which males are confined, or in all of the 17,770
institutions in which females are confined, that are under the 17,771
control of the department. If the governor authorizes the
issuance of a declaration, the director may issue the 17,772
declaration. If the director issues the declaration, the 17,773
director shall file a copy of it with the secretary of state, 17,775
which copy shall be a public record. Upon the filing of the 17,776
copy, the department is authorized to grant emergency releases to 17,777
children within its custody subject to division (B) of this 17,778
section. The authority to grant the emergency releases shall 17,779
continue until the expiration of thirty days from the day on 17,780
which the declaration was filed. The director shall not issue a 17,781
declaration that an emergency overcrowding condition exists 17,782
unless the director determines that no other method of 17,783
alleviating the overcrowding condition is available. 17,785
(B)(1) If the department is authorized under division (A) 17,787
of this section to grant emergency releases to children within 17,788
its custody, the department shall determine which, if any, 17,789
children to release under that authority only in accordance with 17,790
this division and divisions (C), (D), and (E) of this section. 17,791
The department, in determining which, if any, children to 17,792
release, initially shall classify each child within its custody 17,793
413
according to the degree of offense that the act for which the 17,794
child is serving the period of institutionalization would have 17,795
been if committed by an adult. The department then shall 17,796
scrutinize individual children for emergency release, based upon 17,797
their degree of offense, in accordance with the categories and 17,798
the order of consideration set forth in division (B)(2) of this 17,799
section. After scrutiny of all children within the particular 17,801
category under consideration, the department shall designate 17,802
individual children within that category to whom it wishes to 17,803
grant an emergency release.
(2) The categories of children in the custody of the 17,805
department that may be considered for emergency release under 17,806
this section, and the order in which the categories shall be 17,807
considered, are as follows: 17,808
(a) Initially, only children who are not serving a period 17,810
of institutionalization for an act that would have been 17,811
aggravated murder, murder, or a felony of the first, second, 17,812
third, or fourth degree if committed by an adult or for an act 17,813
that was committed before the effective date of this amendment 17,814
JULY 1, 1996, and that would have been an aggravated felony of 17,816
the first, second, or third degree if committed by an adult may
be considered. 17,817
(b) When all children in the category described in 17,819
division (B)(2)(a) of this section have been scrutinized and all 17,820
children in that category who have been designated for emergency 17,821
release under division (B)(1) of this section have been so 17,822
released, then all children who are not serving a period of 17,823
institutionalization for an act that would have been aggravated 17,824
murder, murder, or a felony of the first or second degree if 17,825
committed by an adult or for an act that was committed before the 17,826
effective date of this amendment JULY 1, 1996, and that would 17,827
have been an aggravated felony of the first or second degree if 17,829
committed by an adult may be considered.
(c) When all children in the categories described in 17,831
414
divisions (B)(2)(a) and (b) of this section have been scrutinized 17,832
and all children in those categories who have been designated for 17,833
emergency release under division (B)(1) of this section have been 17,834
released, then all children who are not serving a term of 17,835
institutionalization for an act that would have been aggravated 17,836
murder, murder, or a felony of the first degree if committed by 17,837
an adult or for an act that was committed before the effective 17,838
date of this amendment JULY 1, 1996, and that would have been an 17,840
aggravated felony of the first or second degree if committed by 17,841
an adult may be considered.
(d) In no case shall the department consider for emergency 17,843
release any child who is serving a term of institutionalization 17,845
for an act that would have been aggravated murder, murder, or a 17,846
felony of the first degree if committed by an adult or for an act 17,847
that was committed before the effective date of this amendment 17,848
JULY 1, 1996, and that would have been an aggravated felony of 17,850
the first degree if committed by an adult, and in no case shall
the department grant an emergency release to any such child 17,851
pursuant to this section. 17,852
(C) An emergency release granted pursuant to this section 17,854
shall consist of one of the following: 17,855
(1) A supervised release under terms and conditions that 17,858
the department believes conducive to law-abiding conduct; 17,859
(2) A discharge of the child from the custody and control 17,861
of the department if the department is satisfied that the 17,862
discharge is consistent with the welfare of the individual and 17,863
protection of the public; 17,864
(3) An assignment to a family home, a group care facility, 17,866
or other place maintained under public or private auspices, 17,867
within or without this state, for necessary treatment or 17,868
rehabilitation, the costs of which may be paid by the department. 17,869
(D) If a child is granted an emergency release pursuant to 17,871
this section, the child thereafter shall be considered to have 17,872
been institutionalized or institutionalized in a secure facility 17,873
415
for the prescribed minimum period of time or prescribed time 17,875
under division (A)(4), (5), or (7)(1)(b), (c), (d), (e), OR (f) 17,876
of section 2151.355 2152.16 OR DIVISIONS (A) AND (B) OF SECTION 17,878
2152.17 of the Revised Code. The department shall retain legal 17,880
custody of a child so released until it discharges the child or 17,881
until its custody is terminated as otherwise provided by law. 17,882
(E)(1) If a child is granted an emergency release so that 17,884
the child is released on supervised release or assigned to a 17,886
family home, group care facility, or other place for treatment or
rehabilitation, the department shall prepare a written treatment 17,888
and rehabilitation plan for the child in accordance with division 17,889
(E) of section 2151.38 2152.22 of the Revised Code, which shall 17,891
include the terms and conditions of the child's release or 17,893
assignment, and shall send the committing court and the juvenile 17,895
court of the county in which the child is placed a copy of the 17,896
plan and the terms and conditions that it fixed. The court of 17,897
the county in which the child is placed may adopt the terms and 17,898
conditions as an order of the court and may add any additional 17,899
consistent terms and conditions it considers appropriate. If a 17,900
child is released on supervised release or is assigned subject to 17,901
specified terms and conditions and the court of the county in 17,903
which the child is placed has reason to believe that the child's 17,904
deportment is not in accordance with any post-release terms and 17,906
conditions established by the court in its journal entry, the 17,907
court of the county in which the child is placed, in its 17,908
discretion, may schedule a time for a hearing on whether the 17,909
child violated any of the post-release terms and conditions. If 17,910
that court conducts a hearing and determines at the hearing that 17,913
the child violated any of the post-release terms and conditions 17,914
established in its journal entry, the court, if it determines 17,915
that the violation of the terms and conditions was a serious 17,916
violation, may order the child to be returned to the department 17,917
of youth services for institutionalization or, in any case, may 17,918
make any other disposition of the child authorized by law that 17,919
416
the court considers proper. If the court of the county in which 17,920
the child is placed orders the child to be returned to a
department of youth services institution, the child shall remain 17,921
institutionalized for a minimum period of three months. 17,922
(2) The department also shall file a written progress 17,924
report with the committing court regarding each child granted an 17,925
emergency release pursuant to this section at least once every 17,926
thirty days unless specifically directed otherwise by the court. 17,927
The report shall include the information required of reports 17,928
described in division (F) of section 2151.38 2152.22 of the 17,929
Revised Code. 17,931
Sec. 5139.27. The department of youth services shall adopt 17,940
rules prescribing the minimum standards of construction for a 17,941
school, forestry camp, or other facility established under 17,942
section 2151.65 of the Revised Code for which financial 17,943
assistance may be granted to assist in defraying the cost of the 17,944
construction of the school, forestry camp, or other facility. If 17,947
an application for that financial assistance is filed with the 17,948
department under section 2151.651 of the Revised Code, and the 17,949
department finds that the application is in proper form and the 17,950
specifications for the construction of the school, forestry camp, 17,952
or other facility meet the minimum standards set forth in the 17,953
rules adopted by the department, the department may, from moneys 17,954
available to it for granting financial assistance for the
construction of schools, forestry camps, or other facilities 17,955
established under section 2151.65 of the Revised Code, grant 17,956
financial assistance to the county making the application, 17,957
subject to the approval of the controlling board, in an amount 17,958
not to exceed one-half of the county's share of the cost of 17,959
construction of the school, forestry camp, or other facility but 17,961
not to exceed six thousand five hundred dollars for each bed unit 17,962
provided for in the school, forestry camp, or other facility. As 17,965
used in this section, "construction" means the building and the
initial equipping of new structures and, to the extent provided 17,966
417
for in rules adopted by the department, the acquisition, 17,967
remodeling, and initial equipping of existing structures, 17,968
excluding architect's fees and the cost of land acquisition. 17,969
A county that receives financial assistance under this 17,971
section shall not be obligated to repay the assistance to the 17,973
state unless the school, forestry camp, or other facility for 17,974
which the assistance is granted is used within the ten-year 17,975
period immediately following its establishment for other than the 17,976
purpose of rehabilitating children between the ages of twelve to 17,977
eighteen years, other than psychotic or mentally retarded 17,978
children, who are designated delinquent CHILDREN, as defined in 17,979
section 2151.02 2152.02 of the Revised Code, or unruly, as 17,980
defined in section 2151.022 of the Revised Code, by order of a 17,982
juvenile court. If the department of youth services finds that 17,983
the school, forestry camp, or other facility is used for other 17,985
than that purpose within that ten-year period, the county shall 17,987
be obligated to repay the assistance to the state and, through 17,988
its board of county commissioners, may enter into an agreement 17,989
with the director of budget and management for the discharge of 17,990
that obligation over a period not to exceed ten years in 17,991
duration. Whenever a county is obligated to repay that 17,992
assistance to the state and its board of county commissioners 17,994
fails to enter into or fails to comply with an agreement for the 17,995
discharge of that obligation, the tax commissioner, pursuant to 17,997
section 5747.54 of the Revised Code, shall withhold from 17,998
distribution to the county from the local government fund an 18,000
amount sufficient to discharge the county from that obligation to 18,001
the state. 18,002
Sec. 5139.271. Subject to the approval of the controlling 18,011
board, the department of youth services may grant and pay 18,012
financial assistance to defray the county's share of the cost of 18,013
acquiring or constructing a district detention home FACILITY, 18,014
established under section 2151.34 2152.41 of the Revised Code, to 18,016
any county making application under section 2151.3416 2152.43 of 18,018
418
the Revised Code if the department finds that the application was 18,020
made in accordance with its rules and the home FACILITY or the 18,021
specifications for the home FACILITY meet minimum standards 18,023
established by the department. No financial assistance shall be 18,024
granted for defraying the cost of architects' fees or land. 18,025
The department shall adopt rules prescribing the minimum 18,027
standards of construction and condition of existing structures, 18,028
established under section 2151.34 2152.41 of the Revised Code, 18,029
for which financial assistance is granted under this section. 18,031
The department may recommend programs of education and training 18,032
and the qualifications desired for personnel of a district 18,033
detention home FACILITY. 18,034
The amount of financial assistance granted to any county 18,036
shall not exceed one-half of the county's share of the cost of 18,037
acquisition or construction of the home FACILITY. The total of 18,038
all state assistance for any home shall not exceed six thousand 18,040
five hundred dollars for each bed unit provided for in the home 18,041
FACILITY. 18,042
A county which THAT receives financial assistance under 18,044
this section shall repay the assistance to the state if the home 18,045
FACILITY for which the assistance is granted is used within the 18,047
ten-year period immediately following its establishment for 18,048
purposes other than those contained in section 2151.34 2152.41 of 18,049
the Revised Code. A board of county commissioners which THAT 18,050
uses the home FACILITY for any other purpose within that period 18,051
shall enter into an agreement with the director of budget and 18,052
management for the discharge of that obligation over a period not 18,054
to exceed ten years. If a board of county commissioners fails to 18,055
enter into an agreement for the discharge of that obligation, or 18,056
fails to comply with the terms of such an agreement, the director 18,058
shall direct the tax commissioner, pursuant to section 5747.54 of 18,059
the Revised Code, to withhold from the distribution of the local 18,060
government fund an amount sufficient to discharge the obligation. 18,061
As used in this section: 18,063
419
(A) "Construction" means the building and initial 18,065
equipping of new structures. 18,066
(B) "Acquisition" means "acquisition" as defined in the 18,069
rules of the department, which may include the purchase, 18,070
remodeling, and initial equipping of existing structures. 18,071
Sec. 5139.281. The department of youth services shall 18,080
adopt rules prescribing the manner of application for financial 18,081
assistance under this section for the operation and maintenance 18,082
of a detention home FACILITY provided, or district detention home 18,084
FACILITY established, under section 2151.34 2151.41 of the 18,085
Revised Code and prescribing minimum standards of operation, 18,087
including criteria for programs of education, training, 18,088
counseling, recreation, health, and safety, and qualifications of 18,089
personnel with which a home FACILITY shall comply as a condition 18,090
of eligibility for assistance under this section. If the board 18,092
of county commissioners providing a detention home FACILITY or 18,093
the board of trustees of a district detention home FACILITY 18,095
applies to the department for assistance and if the department 18,097
finds that the application is in accordance with the rules 18,098
adopted under this section and that the home FACILITY meets the 18,099
minimum standards adopted under this section, the department may 18,100
grant assistance to the applicant board for the operation and 18,101
maintenance of each home FACILITY in an amount not to exceed 18,102
fifty per cent of the approved annual operating cost. The board 18,103
shall make a separate application for each year for which 18,104
assistance is requested. 18,105
The department shall adopt any necessary rules for the 18,107
care, treatment, and training in a district detention home 18,108
FACILITY of children found to be delinquent children and 18,109
committed to the home FACILITY by the juvenile court under 18,111
section 2151.355 2151.19 of the Revised Code and may approve for 18,114
this purpose any home FACILITY that is found to be in compliance 18,115
with the rules it adopts.
The department shall provide, at least once every six 18,117
420
months, in-service training programs for staff members of 18,118
detention homes FACILITIES or district detention homes FACILITIES 18,120
and shall pay all travel and other necessary expenses incurred by 18,121
participating staff members. 18,122
Sec. 5139.29. The department of youth services shall adopt 18,131
and promulgate regulations prescribing the method of calculating 18,133
the amount of and the time and manner for the payment of 18,135
financial assistance granted under sections 5139.27, 5139.271, 18,137
and 5139.28 of the Revised Code, for the construction or 18,138
acquisition of a district detention home FACILITY established 18,139
under section 2151.34 2152.41 of the Revised Code, or for the 18,141
construction and maintenance of a school, forestry camp, or other 18,143
facility established under section 2151.65 of the Revised Code. 18,144
Sec. 5139.31. The department of youth services may inspect 18,152
any school, forestry camp, district detention home FACILITY, or 18,153
other facility for which an application for financial assistance 18,154
has been made to the department under section 2151.341, 2151.3416 18,155
2152.43, 2151.651, or 2151.652 of the Revised Code or for which 18,157
financial assistance has been granted by the department under 18,158
section 5139.27, 5139.271, 5139.28, or 5139.281 of the Revised 18,159
Code. The inspection may include, but need not be limited to, 18,160
examination and evaluation of the physical condition of the 18,161
school, forestry camp, district detention home FACILITY, or other 18,162
facility, including any equipment used in connection with it; 18,164
observation and evaluation of the training and treatment of 18,165
children admitted to it; examination and analysis and copying of 18,166
any papers, records, or other documents relating to the 18,167
qualifications of personnel, the commitment of children to it, 18,168
and its administration.
Sec. 5139.32. (A) Whenever a child committed to the 18,177
department of youth services is unable to benefit from the 18,178
programs conducted by the department, as found under division (B) 18,179
of this section, the department forthwith shall release or 18,180
discharge such child from its jurisdiction and either return him 18,181
421
THE CHILD to the committing court, provided that such court so 18,183
consents or directs, or otherwise secure for him THE CHILD an 18,184
environment more beneficial to his THE CHILD'S future 18,186
development.
(B) The determination that a child is unable to benefit 18,188
from the programs conducted by the department shall be made by 18,189
the committing court on its own motion or upon application by the 18,190
department or by a parent or the guardian of the person of the 18,191
child, or, if the child has been institutionalized or 18,192
institutionalized in a secure facility, whichever is applicable, 18,193
for the prescribed minimum period set forth in section 2151.355 18,195
CHAPTER 2152. of the Revised Code and his THE CHILD'S commitment 18,196
order, by the department itself. 18,198
Sec. 5139.35. (A) Except as provided in division (C) of 18,207
this section and division (C)(2) of section 5139.06 of the 18,208
Revised Code, the department of youth services shall not place a 18,209
child committed to it pursuant to division (A)(6) of section 18,210
2151.355 2152.16 OR DIVISIONS (A) AND (B) OF SECTION 2152.17 of 18,212
the Revised Code or one committed to it pursuant to division 18,214
(A)(4), (5), or (7) of that section who has not been
institutionalized or institutionalized in a secure facility for 18,215
the prescribed minimum periods or prescribed period of 18,216
institutionalization under those divisions in an institution with 18,217
a less restrictive setting than that in which the child was 18,218
originally placed, other than an institution under the management 18,219
and control of the department, without first obtaining the prior 18,220
consent of the committing court. 18,221
(B) Except as provided in division (C) of this section, 18,223
the department of youth services shall notify the committing 18,224
court, in writing, of any placement of a child committed to it 18,225
pursuant to division (A)(4), (5), or (7)(1)(b), (c), (d), (e), OR 18,227
(f) of section 2151.355 2152.16 OR DIVISIONS (A) AND (B) OF 18,228
SECTION 2152.17 of the Revised Code who has been 18,229
institutionalized or institutionalized in a secure facility for 18,230
422
the prescribed minimum periods or prescribed period of 18,231
institutionalization under those divisions in an institution with 18,234
a less restrictive setting than that in which the child was 18,235
originally placed, other than an institution under the management 18,236
and control of the department, at least fifteen days before the 18,237
scheduled date of placement.
(C) If, pursuant to division (C)(2) of section 5139.06 of 18,239
the Revised Code, the department of youth services transfers a 18,240
child committed to it pursuant to division (A)(4), (5), (6), or 18,242
(7)(1)(b), (c), (d), (e), OR (f) of section 2151.355 2152.16 OR 18,243
DIVISIONS (A) AND (B) OF SECTION 2152.17 of the Revised Code to a 18,244
correctional medical center established by the department of 18,245
rehabilitation and correction, the department of youth services 18,246
shall send the committing court a certified copy of the transfer 18,247
order.
Sec. 5139.41. On and after January 1, 1995, the 18,256
appropriation made to the department of youth services for care 18,257
and custody of felony delinquents shall be expended in accordance 18,258
with a formula that the department shall develop for each year of 18,259
a biennium. The formula shall be consistent with sections 18,260
5139.41 to 5139.45 of the Revised Code and shall be developed in 18,261
accordance with the following guidelines: 18,262
(A) The department shall set aside at least three per cent 18,264
but not more than five per cent of the appropriation for purposes 18,266
of funding the contingency program described in section 5139.45 18,267
of the Revised Code and of use in accordance with that section. 18,268
(B)(1) After setting aside the amount described in 18,270
division (A) of this section, the department shall set aside 18,271
twenty-five per cent of the remainder of the appropriation and 18,273
use that amount for the purpose described in division (B)(2) of 18,274
this section and to pay certain of the operational costs 18,275
associated with, and to provide cash flow for, the following: 18,276
(a) Institutions; 18,278
(b) The diagnosis, care, or treatment of felony 18,280
423
delinquents at institutions, facilities, or centers pursuant to 18,281
contracts entered into under section 5139.08 of the Revised Code; 18,282
(c) Community corrections facilities constructed, 18,284
reconstructed, improved, or financed as described in section 18,286
5139.36 of the Revised Code for the purpose of providing 18,287
alternative placement and services for felony delinquents who 18,288
have been diverted from care and custody in institutions. 18,289
(2) The department may use a portion of the twenty-five 18,291
per cent of the remainder of the appropriation set aside pursuant 18,292
to division (B)(1) of this section for administrative expenses 18,293
incurred by the department in connection with the felony 18,294
delinquent care and custody program described in section 5139.43 18,295
of the Revised Code and the associated contingency program 18,296
described in section 5139.45 of the Revised Code. 18,297
(C) After setting aside the amounts described in divisions 18,299
(A) and (B)(1) of this section, the department shall set aside 18,300
the amount of the appropriation that is equal to twenty-five per 18,301
cent of the amount that is calculated by multiplying the per diem 18,302
cost for the care and custody of felony delinquents, as 18,303
determined pursuant to division (D) of section 5139.42 of the 18,304
Revised Code, by the number of bed days that the department
projects for occupancy in community corrections facilities 18,306
described in division (B)(1)(c) of this section. The department 18,307
shall use the amount of the appropriation that is set aside 18,308
pursuant to this division to pay the percentage of the per diem 18,309
cost for the care and custody of felony delinquents who are in 18,310
the care and custody of community corrections facilities
described in division (B)(1)(c) of this section for which the 18,312
department is responsible under sections 5139.41 to 5139.45 of
the Revised Code.
(D) After setting aside the amounts described in divisions 18,314
(A) to (C) of this section, the department shall set aside the 18,316
amount of the appropriation that is necessary to pay seventy-five 18,317
per cent of the per diem cost of public safety beds and shall use 18,318
424
that amount for the purpose of paying that per diem cost. 18,319
(E) After setting aside the amounts described in divisions 18,321
(A) to (D) of this section, the department shall use the 18,322
remainder of the appropriation in connection with the felony 18,323
delinquent care and custody program described in section 5139.43 18,324
of the Revised Code, EXCEPT THAT, FOR FISCAL YEAR 2002 AND FISCAL 18,325
YEAR 2003 AND ONLY FOR THOSE TWO FISCAL YEARS, THE TOTAL NUMBER 18,326
OF BEDS AVAILABLE TO ALL COUNTIES VIA PUBLIC SAFETY BEDS AND 18,328
COUNTY ALLOCATIONS SHALL NOT BE LESS THAN THE TOTAL BEDS USED BY 18,329
ALL THE COUNTIES DURING FISCAL YEAR 2000 FUNDED BY CARE AND 18,330
CUSTODY CHARGEBACKS (LINE ITEM 401) AND AS PUBLIC SAFETY BEDS. 18,331
Sec. 5139.50. (A) The release authority of the department 18,340
of youth services is hereby created as a bureau in the 18,343
department. The release authority shall consist of five members 18,344
who are appointed by the director of youth services and who have 18,345
the qualifications specified in division (B) of this section. 18,347
The members of the release authority shall devote their full time 18,348
to the duties of the release authority and shall neither seek nor 18,349
hold other public office. The members shall be in the 18,350
unclassified civil service.
(B) A person appointed as a member of the release 18,352
authority shall have a bachelor's degree from an accredited 18,353
college or university or equivalent relevant experience and shall 18,354
have the skills, training, or experience necessary to analyze 18,356
issues of law, administration, and public policy. The membership 18,357
of the release authority shall represent, insofar as practicable, 18,358
the diversity found in the children in the legal custody of the 18,359
department of youth services. 18,360
In appointing the five members, the director shall ensure 18,362
that the appointments include all of the following: 18,363
(1) At least four members who have five or more years of 18,366
experience in criminal justice, juvenile justice, or an
equivalent relevant profession; 18,367
(2) At least one member who has experience in victim 18,369
425
services or advocacy or who has been a victim of a crime or is a 18,370
family member of a victim; 18,371
(3) At least one member who has experience in direct care 18,374
services to delinquent children;
(4) At least one member who holds a juris doctor degree 18,376
from an accredited college or university. 18,377
(C) The initial appointments of members of the release 18,380
authority shall be for a term of six years for the chairperson 18,381
and one member, a term of four years for two members, and a term 18,382
of two years for one member. Thereafter, members shall be 18,383
appointed for six-year terms. At the conclusion of a term, a 18,384
member shall hold office until the appointment and qualification 18,385
of the member's successor. The director shall fill a vacancy 18,386
occurring before the expiration of a term for the remainder of 18,387
that term and may appoint an interim member to fulfill the 18,388
duties of a member who is on extended leave or disability status. 18,389
A member may be reappointed, but a member may serve no more than 18,390
two consecutive terms regardless of the length of the member's 18,391
initial term. A member may be removed for good cause by the 18,393
director.
(D) The director of youth services shall designate as 18,396
chairperson of the release authority one of the members who has 18,397
experience in criminal justice, juvenile justice, or an 18,398
equivalent relevant profession. The chairperson shall be a 18,399
managing officer of the department, shall supervise the members 18,400
of the board and the other staff in the bureau, and shall perform 18,401
all duties and functions necessary to ensure that the release 18,403
authority discharges its responsibilities. The chairperson shall 18,405
serve as the official spokesperson for the release authority. 18,406
(E) The release authority shall do all of the following: 18,409
(1) Make decisions, in the interests of public safety and 18,412
the children involved, regarding the release and discharge of all 18,414
children committed to the legal custody of the department of 18,415
youth services, except children placed BY A JUVENILE COURT on 18,416
426
judicial release TO COURT SUPERVISION or early ON JUDICIAL 18,417
release by a juvenile court TO DEPARTMENT OF YOUTH SERVICES 18,418
SUPERVISION, children who have not completed a prescribed minimum 18,420
period of time or prescribed period of time in a secure facility, 18,421
or children who are required to remain in a secure facility until 18,422
they attain twenty-one years of age;
(2) Establish written policies and procedures for 18,424
conducting periodic reviews of the status of children in the 18,426
custody of the department, setting or modifying dates of release 18,427
and discharge, communicating to the court the duration, terms, 18,429
and conditions of release to be carried out in supervised release 18,430
subject to the addition of additional consistent terms and 18,431
conditions by a court in accordance with section 5139.51 of the 18,432
Revised Code, and giving a child notice of all reviews; 18,433
(3) Maintain records of its official actions, decisions, 18,436
orders, and hearing summaries and make the records accessible in 18,437
accordance with division (D) of section 5139.05 of the Revised 18,438
Code;
(4) Cooperate with public and private agencies, 18,440
communities, private groups, and individuals for the development 18,441
and improvement of its services; 18,442
(5) Collect, develop, and maintain statistical information 18,445
regarding its services and decisions;
(6) Submit to the director an annual report that includes 18,447
a description of the operations of the release authority, an 18,448
evaluation of its effectiveness, recommendations for statutory, 18,449
budgetary, or other changes necessary to improve its 18,450
effectiveness, and any other information required by the 18,451
director.
(F) The release authority may do any of the following: 18,454
(1) Conduct inquiries, investigations, and reviews and 18,457
hold hearings and other proceedings necessary to properly
discharge its responsibilities; 18,458
(2) Issue subpoenas, enforceable in a court of law, to 18,460
427
compel a person to appear, give testimony, or produce documentary 18,462
information or other tangible items relating to a matter under 18,463
inquiry, investigation, review, or hearing;
(3) Administer oaths and receive testimony of persons 18,465
under oath; 18,466
(4) Request assistance, services, and information from a 18,469
public agency to enable the authority to discharge its
responsibilities and receive the assistance, services, and 18,470
information from the public agency in a reasonable period of 18,471
time;
(5) Request from a public agency or any other entity that 18,473
provides or has provided services to a child committed to the 18,474
department's legal custody information to enable the release 18,475
authority to properly discharge its responsibilities with respect 18,477
to that child and receive the information from the public agency
or other entity in a reasonable period of time. 18,478
(G) The release authority shall adopt a written policy and 18,480
procedures governing appeals of its release and discharge 18,482
decisions.
(H) The legal staff of the department of youth services 18,485
shall provide assistance to the release authority in the 18,487
formulation of policy and in its handling of individual cases. 18,488
Sec. 5139.51. (A) The release authority of the department 18,497
of youth services shall not release a child who is in the custody 18,498
of the department of youth services from institutional care or 18,499
institutional care in a secure facility and shall not discharge 18,500
the child or order the child's release on supervised release 18,501
prior to the expiration of the prescribed minimum period of 18,502
institutionalization or institutionalization in a secure facility 18,503
or prior to the child's attainment of twenty-one years of age, 18,504
whichever is applicable under the order of commitment, other than 18,505
as is provided in division (A) of section 2151.38 2152.22 of the 18,507
Revised Code. The release authority may conduct periodic reviews 18,508
of the case of each child who is in the custody of the department 18,509
428
and who is eligible for supervised release or discharge after 18,511
completing the minimum period of time or period of time in an 18,512
institution prescribed by the committing court. At least thirty
days prior to conducting a periodic review of the case of a child 18,513
who was committed to the department regarding the possibility of 18,516
supervised release or discharge and at least thirty days prior to
conducting a release review, a release hearing, or a discharge 18,517
review under division (E) of this section, the release authority 18,519
shall give notice of the review or hearing to the court that 18,521
committed the child, to the prosecuting attorney in the case, and 18,522
to the victim of the delinquent act for which the child was 18,523
committed or the victim's representative. If a child is on
supervised release and has had the child's parole revoked, and 18,524
if, upon release, there is insufficient time to provide the 18,525
notices otherwise required by this division, the release 18,526
authority, at least ten days prior to the child's release, shall
provide reasonable notice of the child's release to the court 18,527
that committed the child, to the prosecuting attorney in the 18,528
case, and to the victim of the delinquent act for which the child 18,529
was committed or the victim's representative. The court or 18,532
prosecuting attorney may submit to the release authority written 18,533
comments regarding, or written objections to, the supervised 18,534
release or discharge of that child. Additionally, if the child 18,535
was committed for an act that is a category one or category two 18,536
offense, the court or prosecuting attorney orally may communicate 18,537
to a representative of the release authority comments regarding, 18,538
or objections to, the supervised release or discharge of the 18,539
child or, if a hearing is held regarding the possible release or 18,541
discharge of the child, may communicate those comments at the 18,542
hearing. In conducting the review of the child's case regarding 18,544
the possibility of supervised release or discharge, the release 18,545
authority shall consider any comments and objections so submitted 18,546
or communicated by the court or prosecutor and any statements or 18,548
comments submitted or communicated under section 5139.56 of the 18,549
429
Revised Code by a victim of an act for which the child was 18,550
committed to the legal custody of the department or by the 18,551
victim's representative of a victim of an act of that type. 18,552
The release authority shall determine the date on which a 18,554
child may be placed on supervised release or discharged. If the 18,556
release authority believes that a child should be placed on 18,557
supervised release, it shall comply with division (B) of this 18,558
section. If the release authority believes that a child should 18,559
be discharged, it shall comply with division (C) or (E) of this 18,561
section. If the release authority denies the supervised release 18,563
or discharge of a child, it shall provide the child with a 18,564
written record of the reasons for the decision. 18,565
(B)(1) When the department decides to place a child on 18,567
supervised release, consistent with division (D) of this section, 18,570
it shall prepare a written supervised release plan that specifies 18,571
the terms and conditions upon which the child is to be released 18,572
from an institution on supervised release and, at least thirty 18,573
days prior to the release of the child on the supervised release, 18,574
shall send to the committing court and the juvenile court of the 18,575
county in which the child will be placed a copy of the supervised 18,576
release plan and the terms and conditions of release. The 18,577
juvenile court of the county in which the child will be placed, 18,579
within fifteen days after its receipt of the copy of the 18,580
supervised release plan, may add to the supervised release plan 18,581
any additional consistent terms and conditions it considers 18,582
appropriate, provided that the court may not add any term or 18,583
condition that decreases the level or degree of supervision 18,584
specified by the release authority in the plan, that 18,585
substantially increases the financial burden of supervision that 18,586
will be experienced by the department of youth services, or that 18,587
alters the placement specified by the plan. 18,588
If, within fifteen days after its receipt of the copy of 18,591
the supervised release plan, the juvenile court of the county in 18,592
which the child will be placed does not add to the supervised 18,593
430
release plan any additional terms and conditions, the court shall 18,594
enter the supervised release plan in its journal within that 18,596
fifteen-day period and, within that fifteen-day period, shall
send to the release authority a copy of the journal entry of the 18,597
supervised release plan. The journalized plan shall apply 18,598
regarding the child's supervised release. 18,599
If, within fifteen days after its receipt of the copy of 18,602
the supervised release plan, the juvenile court of the county in 18,603
which the child will be placed adds to the supervised release 18,605
plan any additional terms and conditions, the court shall enter 18,606
the supervised release plan and the additional terms and 18,608
conditions in its journal and, within that fifteen-day period, 18,609
shall send to the release authority a copy of the journal entry 18,610
of the supervised release plan and additional terms and 18,612
conditions. The journalized supervised release plan and 18,613
additional terms and conditions added by the court that satisfy 18,615
the criteria described in this division shall apply regarding the 18,616
child's supervised release.
If, within fifteen days after its receipt of the copy of 18,618
the supervised release plan, the juvenile court of the county in 18,619
which the child will be placed neither enters in its journal the 18,620
supervised release plan nor enters in its journal the supervised 18,622
release plan plus additional terms and conditions added by the 18,623
court, the court and the department of youth services may attempt 18,624
to resolve any differences regarding the plan within three days. 18,625
If a resolution is not reached within that three-day period, 18,626
thereafter, the supervised release plan shall be enforceable to 18,627
the same extent as if the court actually had entered the 18,630
supervised release plan in its journal. 18,631
(2) When the release authority receives from the court a 18,634
copy of the journalized supervised release plan and, if 18,635
applicable, a copy of the journalized additional terms and
conditions added by the court, the release authority shall keep 18,637
the original copy or copies in the child's file and shall provide 18,638
431
a copy of each document to the child, the employee of the 18,639
department who is assigned to supervise and assist the child 18,640
while on release, and the committing court. 18,641
(C) If a child who is in the custody of the department of 18,643
youth services was committed pursuant to division (A)(4) or (5) 18,645
(1)(b), (c), (d), (e), OR (f) of section 2151.355 2152.16 of the 18,647
Revised Code and has been institutionalized or institutionalized 18,648
in a secure facility for the prescribed minimum periods of time 18,649
under those divisions and if the release authority is satisfied 18,650
that the discharge of the child without the child being placed on 18,651
supervised release would be consistent with the welfare of the 18,652
child and protection of the public, the department, without 18,653
approval of the court that committed the child, may discharge the 18,655
child from its custody and control without placing the child on 18,656
supervised release. Additionally, the department may discharge a 18,657
child in its custody without the child being placed on supervised 18,658
release if the child is removed from the jurisdiction of this 18,659
state by a court order of a court of this state, another state, 18,660
or the United States, or by any agency of this state, another 18,661
state, or the United States, if the child is convicted of or 18,662
pleads guilty to any criminal offense, or as otherwise provided 18,663
by law. At least fifteen days before the scheduled date of 18,664
discharge of the child without the child being placed on 18,665
supervised release, the department shall notify the committing 18,666
court, in writing, that it is going to discharge the child and of 18,667
the reason for the discharge. Upon discharge of the child 18,669
without the child being placed on supervised release, the 18,670
department immediately shall certify the discharge in writing and 18,671
shall transmit the certificate of discharge to the committing 18,672
court.
(D) In addition to requirements that are reasonably 18,675
related to the child's prior pattern of criminal or delinquent 18,676
behavior and the prevention of further criminal or delinquent 18,677
behavior, the department shall specify the following requirements 18,679
432
for each child whom it releases:
(1) The child shall observe the law. 18,681
(2) The child shall maintain appropriate contact, as 18,683
specified in the written supervised release plan for that child. 18,685
(3) The child shall not change residence unless the child 18,688
seeks prior approval for the change from the employee of the 18,689
department assigned to supervise and assist the child, provides 18,691
that employee, at the time the child seeks the prior approval for 18,692
the change, with appropriate information regarding the new 18,694
residence address at which the child wishes to reside, and 18,695
obtains the prior approval of that employee for the change.
(E) The period of a child's supervised release may extend 18,698
from the date of release from an institution until the child 18,699
attains twenty-one years of age. If the period of supervised 18,701
release extends beyond one year after the date of release, the 18,702
child may request in writing that the release authority conduct a 18,703
discharge review after the expiration of the one-year period or 18,704
the minimum period or period. If the child so requests, the 18,705
release authority shall conduct a discharge review and give the 18,706
child its decision in writing. The release authority shall not 18,707
grant a discharge prior to the discharge date if it finds good 18,708
cause for retaining the child in the custody of the department 18,709
until the discharge date. A child may request an additional 18,710
discharge review six months after the date of a previous 18,711
discharge review decision, but not more than once during any 18,712
six-month period after the date of a previous discharge review 18,713
decision.
(F) At least two weeks before a child who was committed to 18,716
the legal custody of the department is placed on supervised
release or discharged, the release authority shall provide notice 18,718
of the release or discharge as follows: 18,719
(1) In relation to the placement on supervised release or 18,721
discharge of a child who was committed to the department for 18,723
committing an act that is a category one or category two offense, 18,724
433
the release authority shall notify, by the specified deadline, 18,726
all of the following of the release or discharge: 18,727
(a) The prosecuting attorney of the county in which the 18,729
child was adjudicated a delinquent child and committed to the 18,730
custody of the department; 18,731
(b) Whichever of the following is applicable: 18,733
(i) If upon the supervised release or discharge the child 18,735
will reside in a municipal corporation, the chief of police or 18,736
other chief law enforcement officer of that municipal 18,737
corporation;
(ii) If upon the supervised release or discharge the child 18,739
will reside in an unincorporated area of a county, the sheriff of 18,740
that county.
(2) In relation to the placement on supervised release or 18,742
discharge of a child who was committed to the department for 18,743
committing any act, the release authority shall notify, by the 18,744
specified deadline, each victim of the act for which the child 18,746
was committed to the legal custody of the department who, 18,747
pursuant to section 5139.56 of the Revised Code, has requested to 18,749
be notified of the placement of the child on supervised release 18,750
or the discharge of the child, provided that, if any victim has 18,752
designated a person pursuant to that section to act on the
victim's behalf as a victim's representative, the notification 18,753
required by this division shall be provided to that victim's 18,754
representative. 18,755
Sec. 5139.52. (A) At any time during a child's supervised 18,764
release or during the period of a child's early JUDICIAL release 18,765
TO DEPARTMENT OF YOUTH SERVICES SUPERVISION, if the regional 18,767
administrator or the employee of the department assigned to 18,768
supervise and assist the child has reasonable grounds to believe 18,769
that the child has violated a term or condition of the supervised 18,770
release or early JUDICIAL release, the administrator or employee 18,771
may request a court to issue a summons that requires the child to 18,775
appear for a hearing to answer charges of the alleged violation. 18,776
434
The summons shall contain a brief statement of the alleged 18,777
violation, including the date and place of the violation, and 18,778
shall require the child to appear for a hearing before the court 18,779
at a specific date, time, and place. 18,780
(B)(1) At any time while a child is on supervised release 18,782
or during the period of a child's early JUDICIAL release TO 18,783
DEPARTMENT OF YOUTH SERVICES SUPERVISION, a regional 18,785
administrator or a designee of a regional administrator, upon 18,786
application of the employee of the department assigned to 18,787
supervise and assist the child as described in this division, may 18,788
issue, or cause to be issued, an order of apprehension for the 18,790
arrest of the child for the alleged violation of a term or 18,791
condition of the child's supervised release or early JUDICIAL 18,792
release. An application requesting an order of apprehension 18,795
shall set forth that, in the good faith judgment of the employee 18,798
of the department assigned to supervise and assist the child 18,799
making the application, there is reasonable cause to believe that 18,802
the child who is on supervised release or early JUDICIAL release 18,803
TO DEPARTMENT OF YOUTH SERVICES SUPERVISION has violated or is 18,805
violating a term or condition of the child's supervised release 18,807
or early JUDICIAL release, shall state the basis for that belief, 18,809
and shall request that the child be taken to an appropriate place 18,810
of secure detention pending a probable cause determination. As 18,812
an alternative to an order of apprehension for the child, a 18,813
regional administrator or the employee of the department assigned 18,814
to supervise and assist the child may request a court to issue a 18,815
warrant for the arrest of the child.
Subject to the provision of prior notice required by 18,817
division (D)(1) of this section, if a regional administrator or a 18,820
designee of a regional administrator issues, in writing, an order 18,821
of apprehension for the arrest of a child, a staff member of the 18,822
department of youth services who has been designated pursuant to 18,823
division (A)(1) of section 5139.53 of the Revised Code as being 18,826
authorized to arrest and who has received the training described 18,827
435
in division (B)(1) of that section, or a peace officer, as 18,829
defined in section 2935.01 of the Revised Code, may arrest the 18,830
child, without a warrant, and place the child in secure detention 18,831
in accordance with this section. 18,832
If a child is on supervised release or early JUDICIAL 18,834
release TO DEPARTMENT OF YOUTH SERVICES SUPERVISION, any peace 18,835
officer, as defined in section 2935.01 of the Revised Code, may 18,838
arrest the child without a warrant or order of apprehension if 18,839
the peace officer has reasonable grounds to believe that the 18,840
child has violated or is violating any of the following that has 18,841
been prescribed by the release authority or department of youth 18,842
services relative to the child: 18,843
(a) A condition that prohibits the child's ownership, 18,846
possession, or use of a firearm, deadly weapon, ammunition, or 18,847
dangerous ordnance, all as defined in section 2923.11 of the 18,848
Revised Code;
(b) A condition that prohibits the child from being within 18,851
a specified structure or geographic area; 18,852
(c) A condition that confines the child to a residence, 18,855
facility, or other structure;
(d) A condition that prohibits the child from contacting 18,858
or communicating with any specified individual; 18,859
(e) A condition that prohibits the child from associating 18,862
with a specified individual;
(f) Any other rule, term, or condition governing the 18,865
conduct of the child that has been prescribed by the release 18,866
authority.
(2) Subject to the provision of prior notice required by 18,868
division (D)(1) of this section, a staff member of the department 18,869
of youth services who is designated by the director pursuant to 18,871
division (A)(1) of section 5139.53 of the Revised Code and who
has received the training described in division (B)(1) of that 18,873
section, a peace officer, as defined in section 2935.01 of the 18,874
Revised Code, or any other officer with the power to arrest may 18,875
436
execute a warrant or order of apprehension issued under division 18,877
(B)(1) of this section and take the child into secure custody. 18,879
(C) A staff member of the department of youth services who 18,881
is designated by the director of youth services pursuant to 18,882
division (A)(1) of section 5139.53 of the Revised Code and who 18,884
has received the training described in division (B)(1) of that 18,886
section, a peace officer, as defined in section 2935.01 of the 18,887
Revised Code, or any other officer with the power to arrest may 18,888
arrest without a warrant or order of apprehension and take into 18,889
secure custody a child in the legal custody of the department, if 18,891
the staff member, peace officer, or other officer has reasonable 18,892
cause to believe that the child who is on supervised release or 18,893
early JUDICIAL release TO DEPARTMENT OF YOUTH SERVICES 18,894
SUPERVISION has violated or is violating a term or condition of 18,895
the supervised release or early JUDICIAL release in any of the 18,896
following manners: 18,897
(1) The child committed or is committing an offense or 18,900
delinquent act in the presence of the staff member, peace
officer, or other officer. 18,902
(2) There is probable cause to believe that the child 18,904
violated a term or condition of supervised release or early 18,905
JUDICIAL release and that the child is leaving or is about to 18,908
leave the state.
(3) The child failed to appear before the release 18,910
authority pursuant to a summons for a modification or failed to 18,911
appear for a scheduled court hearing. 18,912
(4) The arrest of the child is necessary to prevent 18,914
physical harm to another person or to the child. 18,915
(D)(1) Except as otherwise provided in this division, 18,917
prior to arresting a child under this section, either in relation 18,918
to an order of apprehension or a warrant for arrest or in any 18,919
other manner authorized by this section, a staff member or 18,920
employee of the department of youth services shall provide notice 18,921
of the anticipated arrest to each county, municipal, or township 18,923
437
law enforcement agency with jurisdiction over the place at which 18,924
the staff member or employee anticipates making the arrest. A 18,926
staff member or employee is not required to provide the notice 18,927
described in this division prior to making an arrest in any 18,928
emergency situation or circumstance described under division (C) 18,930
of this section.
(2) If a child is arrested under this section and if it is 18,933
known that the child is on supervised release or early JUDICIAL 18,934
release TO DEPARTMENT OF YOUTH SERVICES SUPERVISION, a juvenile 18,935
court, local juvenile detention center FACILITY, or jail shall 18,937
notify the appropriate department of youth services regional 18,938
office that the child has been arrested and shall provide to the 18,939
regional office or to an employee of the department of youth 18,941
services a copy of the arrest information pertaining to the 18,942
arrest.
(3) Nothing in this section limits the power to make an 18,945
arrest that is granted to specified peace officers under section 18,946
2935.03 of the Revised Code, to any person under section 2935.04 18,948
of the Revised Code, or to any other specified category of 18,949
persons by any other provision of the Revised Code, or the power 18,950
to take a child into custody that is granted pursuant to section 18,951
2151.31 of the Revised Code. 18,952
(E) If a child who is on supervised release or who is 18,955
under a period of early JUDICIAL release TO DEPARTMENT OF YOUTH 18,956
SERVICES SUPERVISION is arrested under an order of apprehension, 18,957
under a warrant, or without a warrant as described in division 18,958
(B)(1), (B)(2), or (C) of this section and taken into secure 18,962
custody, all of the following apply:
(1) If no motion to revoke the child's supervised release 18,965
or early JUDICIAL release has been filed within seventy-two hours 18,967
after the child is taken into secure custody, the juvenile court, 18,968
in making its determinations at a detention hearing as to whether 18,970
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 18,971
438
JUDICIAL release may be filed, may consider, in addition to all 18,975
other evidence and information considered, the circumstances of 18,976
the child's arrest and, if the arrest was pursuant to an order of 18,977
apprehension, the order and the application for the order. 18,978
(2) If no motion to revoke the child's supervised release 18,980
or early JUDICIAL release has been filed within seventy-two hours 18,983
after the child is taken into secure custody and if the child has 18,984
not otherwise been released prior to the expiration of that 18,985
seventy-two-hour period, the child shall be released upon the 18,986
expiration of that seventy-two-hour period. 18,987
(3) If the person is eighteen, nineteen, or twenty years 18,991
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 18,993
the person is under eighteen years of age, the person may be 18,995
confined in secure detention in the nearest juvenile detention 18,997
facility.
(4) If a motion to revoke the child's supervised release 18,999
or early JUDICIAL release is filed after the child has been taken 19,002
into secure custody and the court decides at the detention 19,003
hearing to release the child from secure custody, the court may 19,004
release the child on the same terms and conditions that are 19,005
currently in effect regarding the child's supervised release or 19,006
early JUDICIAL release, pending revocation or subsequent 19,008
modification. 19,009
(F) If a child who is on supervised release is arrested 19,012
under an order of apprehension, under a warrant, or without a 19,013
warrant as described in division (B)(1), (B)(2), or (C) of this 19,016
section and taken into secure custody, and if a motion to revoke 19,017
the child's supervised release is filed, the juvenile court of 19,018
the county in which the child is placed promptly shall schedule a 19,019
time for a hearing on whether the child violated any of the terms 19,021
and conditions of the supervised release. If a child is released
on supervised release and the juvenile court of the county in 19,023
which the child is placed otherwise has reason to believe that 19,024
439
the child has not complied with the terms and conditions of the 19,025
supervised release, the court of the county in which the child is 19,026
placed, in its discretion, may schedule a time for a hearing on 19,027
whether the child violated any of the terms and conditions of the 19,028
supervised release. If the court of the county in which the 19,029
child is placed on supervised release conducts a hearing and 19,030
determines at the hearing that the child did not violate any term 19,032
or condition of the child's supervised release, the child shall 19,033
be released from custody, if the child is in custody at that 19,034
time, and shall continue on supervised release under the terms 19,035
and conditions that were in effect at the time of the child's 19,036
arrest, subject to subsequent revocation or modification. If the 19,037
court of the county in which the child is placed on supervised 19,038
release conducts a hearing and determines at the hearing that the 19,039
child violated one or more of the terms and conditions of the 19,040
child's supervised release, the court, if it determines that the 19,041
violation was a serious violation, may revoke the child's 19,042
supervised release and order the child to be returned to the 19,043
department of youth services for institutionalization or, in any 19,044
case, may make any other disposition of the child authorized by 19,045
law that the court considers proper. If the court orders the 19,046
child to be returned to a department of youth services 19,047
institution, the child shall remain institutionalized for a 19,048
minimum period of thirty days, the department shall not reduce 19,049
the minimum thirty-day period of institutionalization for any 19,050
time that the child was held in secure custody subsequent to the 19,051
child's arrest and pending the revocation hearing and the child's 19,052
return to the department, the release authority, in its 19,053
discretion, may require the child to remain in 19,054
institutionalization for longer than the minimum thirty-day 19,055
period, and the child is not eligible for judicial release or
early release during the minimum thirty-day period of 19,056
institutionalization or any period of institutionalization in 19,057
excess of the minimum thirty-day period.
440
This division does not apply regarding a child who is under 19,059
a period of early JUDICIAL release TO DEPARTMENT OF YOUTH 19,060
SERVICES SUPERVISION. Division (D) of section 2151.38 2152.22 of 19,061
the Revised Code applies in relation to a child who is under a 19,063
period of early JUDICIAL release TO DEPARTMENT OF YOUTH SERVICES 19,064
SUPERVISION.
Sec. 5139.53. (A)(1) The director of youth services shall 19,074
designate certain employees of the department of youth services, 19,075
including regional administrators, as persons who are authorized, 19,076
in accordance with section 5139.52 of the Revised Code, to 19,078
execute an order of apprehension or a warrant for, or otherwise 19,079
to arrest, children in the custody of the department who are 19,081
violating or are alleged to have violated the terms and
conditions of supervised release or early JUDICIAL release TO 19,082
DEPARTMENT OF YOUTH SERVICES SUPERVISION. 19,083
(2) The director of youth services shall designate some of 19,085
the employees designated under division (A)(1) of this section as 19,087
employees authorized to carry a firearm issued by the department 19,088
while on duty for their protection in carrying out official
duties.
(B)(1) An employee of the department designated by the 19,090
director pursuant to division (A)(1) of this section as having 19,093
the authority to execute orders of apprehension or warrants and 19,094
to arrest children as described in that division shall not 19,095
undertake an arrest until the employee has successfully completed 19,096
training courses regarding the making of arrests by employees of 19,097
that nature that are developed in cooperation with and approved 19,098
by the executive director of the Ohio peace officer training 19,099
commission. The courses shall include, but shall not be limited 19,100
to, training in arrest tactics, defensive tactics, the use of 19,101
force, and response tactics. 19,102
(2) The director of youth services shall develop, and 19,105
shall submit to the governor for the governor's approval, a 19,106
deadly force policy for the department. The deadly force policy 19,107
441
shall require each employee who is designated under division 19,108
(A)(2) of this section to carry a firearm in the discharge of 19,110
official duties to receive training in the use of deadly force, 19,111
shall specify the number of hours and the general content of the 19,112
training in the use of deadly force that each of the designated 19,113
employees must receive, and shall specify the procedures that 19,114
must be followed after the use of deadly force by any of the 19,115
designated employees. Upon receipt of the policy developed by 19,116
the director under this division, the governor, in writing, 19,117
promptly shall approve or disapprove the policy. If the 19,118
governor, in writing, disapproves the policy, the director shall 19,119
develop and resubmit a new policy under this division, and no 19,120
employee shall be trained under the disapproved policy. If the 19,121
governor, in writing, approves the policy, the director shall 19,122
adopt it as a department policy and shall distribute it to each 19,123
employee designated under (A)(2) of this section to carry a 19,125
firearm in the discharge of official duties. An employee
designated by the director pursuant to division (A)(2) of this 19,127
section to carry a firearm in the discharge of official duties 19,128
shall not carry a firearm until the employee has successfully
completed both of the following: 19,129
(a) Training in the use of deadly force that comports with 19,132
the policy approved by the governor and developed and adopted by 19,133
the director under division (B)(2) of this section. The training 19,135
required by this division shall be conducted at a training school 19,136
approved by the Ohio peace officer training commission and shall 19,138
be in addition to the training described in divisions (B)(1) and 19,139
(2)(b) of this section that the employee must complete prior to 19,141
undertaking an arrest and separate from and independent of the 19,142
training required by division (B)(2)(b) of this section. 19,144
(b) A basic firearm training program that is conducted at 19,147
a training school approved by the Ohio peace officer training 19,148
commission and that is substantially similar to the basic firearm 19,149
training program for peace officers conducted at the Ohio peace 19,151
442
officer training academy and has received a certificate of 19,152
satisfactory completion of that program from the executive 19,153
director of the Ohio peace officer training commission. The 19,155
training described in this division that an employee must 19,156
complete prior to carrying a firearm shall be in addition to the 19,157
training described in division (B)(1) of this section that the 19,158
employee must complete prior to undertaking an arrest. 19,159
(C) After receipt of a certificate of satisfactory 19,162
completion of a basic firearm training program, to maintain the 19,163
right to carry a firearm in the discharge of official duties, an 19,164
employee authorized under this section to carry a firearm shall 19,165
successfully complete a firearms requalification program in 19,166
accordance with section 109.801 of the Revised Code.
(D) Each employee authorized to carry a firearm shall give 19,169
bond to the state to be approved by the clerk of the court of 19,170
common pleas in the county of that employee's residence. The 19,171
bond shall be in the sum of one thousand dollars, conditioned to 19,172
save the public harmless by reason of the unlawful use of a 19,173
firearm. A person injured or the family of a person killed by 19,174
the employee's improper use of a firearm may have recourse on the 19,175
bond.
(E) In addition to the deadly force policy adopted under 19,177
division (B)(2) of this section, the director of youth services 19,179
shall establish policies for the carrying and use of firearms by 19,180
the employees that the director designates under this section. 19,181
Sec. 5139.54. (A) Notwithstanding any other provision for 19,190
determining when a child shall be released or discharged from the 19,192
legal custody of the department of youth services, including 19,193
jurisdictional provisions in section 2151.38 2152.22 of the 19,194
Revised Code, the release authority, for medical reasons, may 19,196
release a child upon supervised release or discharge the child 19,197
from the custody of the department when any of the following 19,198
applies:
(1) The child is terminally ill or otherwise in imminent 19,201
443
danger of death.
(2) The child is incapacitated due to injury, disease, 19,203
illness, or other medical condition and is no longer a threat to 19,204
public safety. 19,205
(3) The child appears to be a mentally ill person subject 19,208
to hospitalization by court order, as defined in section 5122.01
of the Revised Code, or a mentally retarded person subject to 19,211
institutionalization by court order, as defined in section
5123.01 of the Revised Code. 19,212
(B) When considering whether to release or discharge a 19,215
child under this section for medical reasons, the release 19,217
authority may request additional medical information about the 19,218
child or may ask the department to conduct additional medical 19,219
examinations.
(C) The release authority shall determine the appropriate 19,222
level of supervised release for a child released under this 19,223
section. The terms and conditions of the release may require 19,224
periodic medical reevaluations as appropriate. Upon granting a 19,226
release or discharge under this section, the release authority
shall give notice of the release and its terms and conditions or 19,227
of the discharge to the court that committed the child to the 19,228
custody of the department. 19,229
(D) The release authority shall submit annually to the 19,232
director of youth services a report that includes all of the 19,233
following information for the previous calendar year: 19,234
(1) The number of children the release authority 19,236
considered for medical release or discharge; 19,237
(2) The nature of the injury, disease, illness, or other 19,239
medical condition of each child considered for medical release or 19,240
discharge; 19,241
(3) The decision made by the release authority for each 19,243
child, including the reasons for denying medical release or 19,244
discharge or for granting it; 19,245
(4) The number of children on medical release who were 19,247
444
returned to a secure facility or whose supervised release was 19,248
revoked. 19,249
Sec. 5705.01. As used in this chapter: 19,257
(A) "Subdivision" means any county; municipal corporation; 19,259
township; township police district; township fire district; joint 19,260
fire district; joint ambulance district; joint emergency medical 19,261
services district; fire and ambulance district; joint recreation 19,262
district; township waste disposal district; township road 19,263
district; community college district; technical college district; 19,264
detention home FACILITY district; a district organized under 19,265
section 2151.65 of the Revised Code; a combined district 19,267
organized under sections 2151.34 2152.41 and 2151.65 of the 19,268
Revised Code; a joint-county alcohol, drug addiction, and mental 19,270
health service district; a drainage improvement district created 19,271
under section 6131.52 of the Revised Code; a union cemetery 19,272
district; a county school financing district; or a city, local, 19,273
exempted village, cooperative education, or joint vocational 19,274
school district.
(B) "Municipal corporation" means all municipal 19,276
corporations, including those that have adopted a charter under 19,277
Article XVIII, Ohio Constitution. 19,278
(C) "Taxing authority" or "bond issuing authority" means, 19,280
in the case of any county, the board of county commissioners; in 19,281
the case of a municipal corporation, the council or other 19,282
legislative authority of the municipal corporation; in the case 19,283
of a city, local, exempted village, cooperative education, or 19,284
joint vocational school district, the board of education; in the 19,285
case of a community college district, the board of trustees of 19,286
the district; in the case of a technical college district, the 19,287
board of trustees of the district; in the case of a detention 19,288
home FACILITY district, a district organized under section 19,289
2151.65 of the Revised Code, or a combined district organized 19,291
under sections 2151.34 2152.41 and 2151.65 of the Revised Code, 19,292
the joint board of county commissioners of the district; in the 19,294
445
case of a township, the board of township trustees; in the case 19,295
of a joint fire district, the board of fire district trustees; in 19,296
the case of a joint recreation district, the joint recreation 19,297
district board of trustees; in the case of a joint-county 19,298
alcohol, drug addiction, and mental health service district, the 19,299
district's board of alcohol, drug addiction, and mental health 19,300
services; in the case of a joint ambulance district or a fire and 19,301
ambulance district, the board of trustees of the district; in the 19,303
case of a union cemetery district, the legislative authority of 19,304
the municipal corporation and the board of township trustees, 19,305
acting jointly as described in section 759.341 of the Revised 19,306
Code; in the case of a drainage improvement district, the board 19,307
of county commissioners of the county in which the drainage 19,308
district is located; in the case of a joint emergency medical 19,309
services district, the joint board of county commissioners of all 19,310
counties in which all or any part of the district lies; and in
the case of a township police district, a township fire district, 19,311
a township road district, or a township waste disposal district, 19,312
the board of township trustees of the township in which the 19,313
district is located. "Taxing authority" also means the 19,314
educational service center governing board that serves as the 19,316
taxing authority of a county school financing district as 19,317
provided in section 3311.50 of the Revised Code. 19,318
(D) "Fiscal officer" in the case of a county, means the 19,320
county auditor; in the case of a municipal corporation, the city 19,321
auditor or village clerk, or such officer as, by virtue of the 19,322
charter, has the duties and functions of the city auditor or 19,323
village clerk, except that in the case of a municipal university 19,324
the board of directors of which have assumed, in the manner 19,325
provided by law, the custody and control of the funds of the 19,326
university, the chief accounting officer of the university shall 19,327
perform, with respect to the funds, the duties vested in the 19,328
fiscal officer of the subdivision by sections 5705.41 and 5705.44 19,329
of the Revised Code; in the case of a school district, the 19,330
446
treasurer of the board of education; in the case of a county 19,331
school financing district, the treasurer of the educational 19,332
service center governing board that serves as the taxing 19,334
authority; in the case of a township, the township clerk; in the 19,335
case of a joint fire district, the clerk of the board of fire 19,336
district trustees; in the case of a joint ambulance district, the 19,337
clerk of the board of trustees of the district; in the case of a 19,338
joint emergency medical services district, the person appointed 19,339
as fiscal officer pursuant to division (D) of section 307.053 of 19,340
the Revised Code; in the case of a fire and ambulance district, 19,341
the person appointed as fiscal officer pursuant to division (B)
of section 505.375 of the Revised Code; in the case of a joint 19,342
recreation district, the person designated pursuant to section 19,343
755.15 of the Revised Code; in the case of a union cemetery 19,344
district, the clerk of the municipal corporation designated in 19,345
section 759.34 of the Revised Code; in the case of a children's 19,346
home district, tuberculosis hospital district, educational 19,347
service center, general health district, joint-county alcohol, 19,349
drug addiction, and mental health service district, county 19,350
library district, detention home FACILITY district, district 19,351
organized under section 2151.65 of the Revised Code, a combined 19,353
district organized under sections 2151.34 2152.41 and 2151.65 of 19,355
the Revised Code, or a metropolitan park district for which no 19,356
treasurer has been appointed pursuant to section 1545.07 of the 19,357
Revised Code, the county auditor of the county designated by law 19,358
to act as the auditor of the district; in the case of a
metropolitan park district which has appointed a treasurer 19,359
pursuant to section 1545.07 of the Revised Code, that treasurer; 19,360
in the case of a drainage improvement district, the auditor of 19,361
the county in which the drainage improvement district is located; 19,362
and in all other cases, the officer responsible for keeping the 19,363
appropriation accounts and drawing warrants for the expenditure 19,364
of the moneys of the district or taxing unit. 19,365
(E) "Permanent improvement" or "improvement" means any 19,367
447
property, asset, or improvement with an estimated life or 19,368
usefulness of five years or more, including land and interests 19,369
therein, and reconstructions, enlargements, and extensions 19,370
thereof having an estimated life or usefulness of five years or 19,371
more. 19,372
(F) "Current operating expenses" and "current expenses" 19,374
mean the lawful expenditures of a subdivision, except those for 19,375
permanent improvements, and except payments for interest, sinking 19,376
fund, and retirement of bonds, notes, and certificates of 19,377
indebtedness of the subdivision. 19,378
(G) "Debt charges" means interest, sinking fund, and 19,380
retirement charges on bonds, notes, or certificates of 19,381
indebtedness. 19,382
(H) "Taxing unit" means any subdivision or other 19,384
governmental district having authority to levy taxes on the 19,385
property in the district or issue bonds that constitute a charge 19,386
against the property of the district, including conservancy 19,387
districts, metropolitan park districts, sanitary districts, road 19,388
districts, and other districts. 19,389
(I) "District authority" means any board of directors, 19,391
trustees, commissioners, or other officers controlling a district 19,392
institution or activity that derives its income or funds from two 19,393
or more subdivisions, such as the educational service center, the 19,395
trustees of district tuberculosis hospitals and district 19,396
children's homes, the district board of health, a joint-county 19,397
alcohol, drug addiction, and mental health service district's 19,398
board of alcohol, drug addiction, and mental health services, 19,399
detention home FACILITY districts, a joint recreation district 19,400
board of trustees, districts organized under section 2151.65 of 19,402
the Revised Code, combined districts organized under sections 19,403
2151.34 2152.41 and 2151.65 of the Revised Code, and other such 19,405
boards.
(J) "Tax list" and "tax duplicate" mean the general tax 19,407
lists and duplicates prescribed by sections 319.28 and 319.29 of 19,408
448
the Revised Code. 19,409
(K) "Property" as applied to a tax levy means taxable 19,411
property listed on general tax lists and duplicates. 19,412
(L) "School library district" means a school district in 19,414
which a free public library has been established that is under 19,415
the control and management of a board of library trustees as 19,416
provided in section 3375.15 of the Revised Code. 19,417
Sec. 5705.19. This section does not apply to school 19,426
districts or county school financing districts. 19,427
The taxing authority of any subdivision at any time and in 19,429
any year, by vote of two-thirds of all the members of the taxing 19,430
authority, may declare by resolution and certify the resolution 19,431
to the board of elections not less than seventy-five days before 19,432
the election upon which it will be voted that the amount of taxes 19,433
that may be raised within the ten-mill limitation will be 19,434
insufficient to provide for the necessary requirements of the 19,435
subdivision and that it is necessary to levy a tax in excess of 19,436
that limitation for any of the following purposes: 19,437
(A) For current expenses of the subdivision, except that 19,439
the total levy for current expenses of a detention home FACILITY 19,440
district or district organized under section 2151.65 of the 19,441
Revised Code shall not exceed two mills and that the total levy 19,442
for current expenses of a combined district organized under 19,443
sections 2151.34 2152.41 and 2151.65 of the Revised Code shall 19,445
not exceed four mills;
(B) For the payment of debt charges on certain described 19,447
bonds, notes, or certificates of indebtedness of the subdivision 19,448
issued subsequent to January 1, 1925; 19,449
(C) For the debt charges on all bonds, notes, and 19,451
certificates of indebtedness issued and authorized to be issued 19,452
prior to January 1, 1925; 19,453
(D) For a public library of, or supported by, the 19,455
subdivision under whatever law organized or authorized to be 19,456
supported; 19,457
449
(E) For a municipal university, not to exceed two mills 19,459
over the limitation of one mill prescribed in section 3349.13 of 19,460
the Revised Code; 19,461
(F) For the construction or acquisition of any specific 19,463
permanent improvement or class of improvements that the taxing 19,464
authority of the subdivision may include in a single bond issue; 19,465
(G) For the general construction, reconstruction, 19,467
resurfacing, and repair of streets, roads, and bridges in 19,468
municipal corporations, counties, or townships; 19,469
(H) For recreational purposes; 19,471
(I) For the purpose of providing and maintaining fire 19,473
apparatus, appliances, buildings, or sites therefor, or sources 19,474
of water supply and materials therefor, or the establishment and 19,475
maintenance of lines of fire alarm telegraph, or the payment of 19,476
permanent, part-time, or volunteer firefighters or fire-fighting 19,478
companies to operate the same, including the payment of the 19,479
firefighter employers' contribution required under section 742.34 19,482
of the Revised Code, or to purchase ambulance equipment, or to 19,483
provide ambulance, paramedic, or other emergency medical services 19,484
operated by a fire department or fire-fighting company; 19,485
(J) For the purpose of providing and maintaining motor 19,487
vehicles, communications, and other equipment used directly in 19,488
the operation of a police department, or the payment of salaries 19,489
of permanent police personnel, including the payment of the 19,490
police officer employers' contribution required under section 19,492
742.33 of the Revised Code, or the payment of the costs incurred 19,493
by townships as a result of contracts made with other political 19,494
subdivisions in order to obtain police protection, or to provide 19,495
ambulance or emergency medical services operated by a police 19,496
department; 19,497
(K) For the maintenance and operation of a county home OR 19,499
DETENTION FACILITY; 19,500
(L) For community mental retardation and developmental 19,502
disabilities programs and services pursuant to Chapter 5126. of 19,503
450
the Revised Code, except that the procedure for such levies shall 19,504
be as provided in section 5705.222 of the Revised Code; 19,505
(M) For regional planning; 19,507
(N) For a county's share of the cost of maintaining and 19,509
operating schools, district detention homes FACILITIES, forestry 19,510
camps, or other facilities, or any combination thereof 19,512
established under section 2151.34 2152.41 or 2151.65 of the 19,513
Revised Code or both of those sections; 19,515
(O) For providing for flood defense, providing and 19,517
maintaining a flood wall or pumps, and other purposes to prevent 19,518
floods; 19,519
(P) For maintaining and operating sewage disposal plants 19,521
and facilities; 19,522
(Q) For the purpose of purchasing, acquiring, 19,524
constructing, enlarging, improving, equipping, repairing, 19,525
maintaining, or operating, or any combination of the foregoing, a 19,526
county transit system pursuant to sections 306.01 to 306.13 of 19,527
the Revised Code, or to make any payment to a board of county 19,528
commissioners operating a transit system or a county transit 19,529
board pursuant to section 306.06 of the Revised Code; 19,530
(R) For the subdivision's share of the cost of acquiring 19,532
or constructing any schools, forestry camps, detention homes 19,533
FACILITIES, or other facilities, or any combination thereof under 19,535
section 2151.34 2152.41 or 2151.65 of the Revised Code or both of 19,536
those sections; 19,537
(S) For the prevention, control, and abatement of air 19,539
pollution; 19,540
(T) For maintaining and operating cemeteries; 19,542
(U) For providing ambulance service, emergency medical 19,544
service, or both; 19,545
(V) For providing for the collection and disposal of 19,547
garbage or refuse, including yard waste; 19,548
(W) For the payment of the police officer employers' 19,551
contribution or the firefighter employers' contribution required 19,554
451
under sections 742.33 and 742.34 of the Revised Code; 19,555
(X) For the construction and maintenance of a drainage 19,557
improvement pursuant to section 6131.52 of the Revised Code; 19,558
(Y) For providing or maintaining senior citizens services 19,560
or facilities as authorized by section 307.694, 307.85, 505.70, 19,561
505.706, or division (EE) of section 717.01 of the Revised Code; 19,562
(Z) For the provision and maintenance of zoological park 19,564
services and facilities as authorized under section 307.76 of the 19,565
Revised Code; 19,566
(AA) For the maintenance and operation of a free public 19,568
museum of art, science, or history; 19,569
(BB) For the establishment and operation of a 9-1-1 19,571
system, as defined in section 4931.40 of the Revised Code; 19,572
(CC) For the purpose of acquiring, rehabilitating, or 19,574
developing rail property or rail service. As used in this 19,575
division, "rail property" and "rail service" have the same 19,576
meanings as in section 4981.01 of the Revised Code. This 19,577
division applies only to a county, township, or municipal 19,578
corporation. 19,579
(DD) For the purpose of acquiring property for, 19,581
constructing, operating, and maintaining community centers as 19,582
provided for in section 755.16 of the Revised Code; 19,583
(EE) For the creation and operation of an office or joint 19,585
office of economic development, for any economic development 19,586
purpose of the office, and to otherwise provide for the 19,587
establishment and operation of a program of economic development 19,588
pursuant to sections 307.07 and 307.64 of the Revised Code; 19,589
(FF) For the purpose of acquiring, establishing, 19,591
constructing, improving, equipping, maintaining, or operating, or 19,592
any combination of the foregoing, a township airport, landing 19,593
field, or other air navigation facility pursuant to section 19,594
505.15 of the Revised Code; 19,595
(GG) For the payment of costs incurred by a township as a 19,597
result of a contract made with a county pursuant to section 19,598
452
505.263 of the Revised Code in order to pay all or any part of 19,599
the cost of constructing, maintaining, repairing, or operating a 19,600
water supply improvement; 19,601
(HH) For a board of township trustees to acquire, other 19,603
than by appropriation, an ownership interest in land, water, or 19,604
wetlands, or to restore or maintain land, water, or wetlands in 19,605
which the board has such an interest, not for purposes of 19,606
recreation, but for the purposes of protecting and preserving the 19,607
natural, scenic, open, or wooded condition of the land, water, or 19,608
wetlands against modification or encroachment resulting from 19,609
occupation, development, or other use, which may be styled as 19,610
protecting or preserving "greenspace" in the resolution, notice 19,611
of election, or ballot form; 19,612
(II) For the support by a county of a crime victim 19,614
assistance program that is provided and maintained by a county 19,615
agency or a private, nonprofit corporation or association under 19,616
section 307.62 of the Revised Code; 19,617
(JJ) For any or all of the purposes set forth in divisions 19,619
(I) and (J) of this section. This division applies only to a 19,620
township. 19,621
(KK) For a countywide public safety communications system 19,623
under section 307.63 of the Revised Code. This division applies 19,624
only to counties. 19,625
(LL) For the support by a county of criminal justice 19,627
services under section 307.45 of the Revised Code; 19,628
(MM) For the purpose of maintaining and operating a jail 19,630
or other detention facility as defined in section 2921.01 of the 19,631
Revised Code; 19,632
(NN) For purchasing, maintaining, or improving, or any 19,634
combination of the foregoing, real estate on which to hold 19,635
agricultural fairs. This division applies only to a county. 19,636
(OO) For constructing, rehabilitating, repairing, or 19,638
maintaining sidewalks, walkways, trails, bicycle pathways, or 19,639
similar improvements, or acquiring ownership interests in land 19,640
453
necessary for the foregoing improvements, by a board of township 19,641
trustees;
(PP) For both of the purposes set forth in divisions (G) 19,643
and (OO) of this section. This division applies only to a 19,644
township.
(QQ) For the legislative authority of a municipal 19,646
corporation, board of county commissioners of a county, or board 19,647
of township trustees of a township to acquire agricultural 19,648
easements, as defined in section 5301.67 of the Revised Code, and 19,650
to supervise and enforce the easements. 19,651
The resolution shall be confined to the purpose or purposes 19,653
described in one division of this section, to which the revenue 19,654
derived therefrom shall be applied. The existence in any other 19,655
division of this section of authority to levy a tax for any part 19,656
or all of the same purpose or purposes does not preclude the use 19,657
of such revenues for any part of the purpose or purposes of the 19,658
division under which the resolution is adopted. 19,659
The resolution shall specify the amount of the increase in 19,661
rate that it is necessary to levy, the purpose thereof, and the 19,662
number of years during which the increase in rate shall be in 19,663
effect, which may or may not include a levy upon the duplicate of 19,664
the current year. The number of years may be any number not 19,665
exceeding five, except as follows: 19,666
(1) When the additional rate is for the payment of debt 19,668
charges, the increased rate shall be for the life of the 19,669
indebtedness. 19,670
(2) When the additional rate is for any of the following, 19,672
the increased rate shall be for a continuing period of time: 19,673
(a) For the current expenses for a detention home FACILITY 19,675
district, a district organized under section 2151.65 of the 19,676
Revised Code, or a combined district organized under sections 19,677
2151.34 2152.41 and 2151.65 of the Revised Code; 19,678
(b) For providing a county's share of the cost of 19,680
maintaining and operating schools, district detention homes 19,681
454
FACILITIES, forestry camps, or other facilities, or any 19,683
combination thereof, established under section 2151.34 2152.41 or 19,684
2151.65 of the Revised Code or under both of those sections. 19,686
(3) When the additional rate is for any of the following, 19,688
the increased rate may be for a continuing period of time: 19,689
(a) For the purposes set forth in division (I), (J), (U), 19,691
or (KK) of this section; 19,692
(b) For the maintenance and operation of a joint 19,694
recreation district; 19,695
(c) A levy imposed by a township for the purposes set 19,697
forth in division (G) of this section. 19,698
(4) When the increase is for the purpose set forth in 19,700
division (D) or (CC) of this section or for both of the purposes 19,701
set forth in divisions (G) and (OO) of this section, the tax levy 19,702
may be for any specified number of years or for a continuing 19,704
period of time, as set forth in the resolution. 19,705
(5) When the additional rate is for the purpose described 19,707
in division (Z) of this section, the increased rate shall be for 19,708
any number of years not exceeding ten. 19,709
A levy for the purposes set forth in division (I), (J), or 19,711
(U) of this section, and a levy imposed by a township for the 19,712
purposes set forth in division (G) of this section, may be 19,713
reduced pursuant to section 5705.261 or 5705.31 of the Revised 19,714
Code. A levy for the purposes set forth in division (I), (J), or 19,715
(U) of this section, and a levy imposed by a township for the 19,716
purposes set forth in division (G) of this section, may also be 19,717
terminated or permanently reduced by the taxing authority if it 19,718
adopts a resolution stating that the continuance of the levy is 19,719
unnecessary and the levy shall be terminated or that the millage 19,720
is excessive and the levy shall be decreased by a designated 19,721
amount. 19,722
A resolution of a detention home FACILITY district, a 19,724
district organized under section 2151.65 of the Revised Code, or 19,725
a combined district organized under both sections 2151.34 2152.41 19,727
455
and 2151.65 of the Revised Code may include both current expenses 19,728
and other purposes, provided that the resolution shall apportion 19,729
the annual rate of levy between the current expenses and other 19,730
purpose or purposes. The apportionment need not be the same for 19,731
each year of the levy, but the respective portions of the rate 19,732
actually levied each year for the current expenses and the other 19,733
purpose or purposes shall be limited by the apportionment. 19,734
Whenever a board of county commissioners, acting either as 19,736
the taxing authority of its county or as the taxing authority of 19,737
a sewer district or subdistrict created under Chapter 6117. of 19,738
the Revised Code, by resolution declares it necessary to levy a 19,739
tax in excess of the ten-mill limitation for the purpose of 19,740
constructing, improving, or extending sewage disposal plants or 19,741
sewage systems, the tax may be in effect for any number of years 19,742
not exceeding twenty, and the proceeds thereof, notwithstanding 19,743
the general provisions of this section, may be used to pay debt 19,744
charges on any obligations issued and outstanding on behalf of 19,745
the subdivision for the purposes enumerated in this paragraph, 19,746
provided that any such obligations have been specifically 19,747
described in the resolution. 19,748
The resolution shall go into immediate effect upon its 19,750
passage, and no publication of the resolution is necessary other 19,751
than that provided for in the notice of election. 19,752
When the electors of a subdivision have approved a tax levy 19,754
under this section, the taxing authority of the subdivision may 19,755
anticipate a fraction of the proceeds of the levy and issue 19,756
anticipation notes in accordance with section 5705.191 or 19,757
5705.193 of the Revised Code. 19,758
Section 2. That existing sections 109.42, 109.54, 109.573, 19,760
133.01, 181.22, 307.02, 307.022, 329.05, 2151.01, 2151.011, 19,762
2151.022, 2151.07, 2151.08, 2151.10, 2151.11, 2151.12, 2151.14, 19,763
2151.141, 2151.18, 2151.211, 2151.23, 2151.24, 2151.25, 2151.26,
2151.27, 2151.271, 2151.28, 2151.29, 2151.31, 2151.311, 2151.312, 19,764
2151.313, 2151.314, 2151.315, 2151.34, 2151.341, 2151.343, 19,765
456
2151.35, 2151.352, 2151.354, 2151.356, 2151.357, 2151.358, 19,766
2151.359, 2151.3510, 2151.3511, 2151.36, 2151.38, 2151.62, 19,768
2151.65, 2151.651, 2151.652, 2151.655, 2151.78, 2151.79, 2151.99, 19,769
2153.16, 2301.03, 2301.31, 2701.03, 2744.01, 2744.03, 2919.24, 19,770
2921.32, 2923.211, 2923.32, 2923.33, 2923.34, 2923.36, 2923.44, 19,771
2923.45, 2925.42, 2925.43, 2929.01, 2929.12, 2929.23, 2938.02, 19,772
2941.141, 2941.142, 2941.144, 2941.145, 2941.146, 2945.67, 19,773
3301.121, 3313.66, 3321.22, 3730.07, 3730.99, 4109.08, 5103.03, 19,774
5120.16, 5120.172, 5139.01, 5139.04, 5139.05, 5139.06, 5139.07, 19,775
5139.11, 5139.18, 5139.191, 5139.20, 5139.27, 5139.271, 5139.281, 19,776
5139.29, 5139.31, 5139.32, 5139.35, 5139.41, 5139.50, 5139.51, 19,777
5139.52, 5139.53, 5139.54, 5705.01, and 5705.19 and sections 19,778
2151.02, 2151.021, 2151.342, 2151.344, 2151.345, 2151.346, 19,779
2151.347, 2151.348, 2151.349, 2151.3410, 2151.3411, 2151.3412, 19,780
2151.3413, 2151.3414, 2151.3415, 2151.3416, 2151.355, 2151.3512, 19,781
2151.411, 2151.45, 2151.46, 2151.47, 2151.48, 2151.51, and 19,782
5139.24 of the Revised Code are hereby repealed.
Section 3. The General Assembly hereby encourages the 19,784
Supreme Court to amend the Juvenile Rules to be consistent with 19,785
the changes in the Juvenile Laws pertaining to delinquent 19,786
children, particularly the laws relating to serious youthful 19,787
offender dispositional sentences. 19,788
The General Assembly hereby encourages the Supreme Court to 19,790
amend Rule 29(C) to permit "no contest" pleas in juvenile traffic 19,791
offender and non-traffic cases with the consent of the juvenile 19,792
court in a manner similar to Criminal Rule 11. Children paying 19,793
fines to juvenile traffic violations bureaus should be required 19,794
to admit guilt, with parental knowledge. 19,795
The General Assembly hereby encourages the Supreme Court to 19,798
amend the Rules for the Government of the Judiciary of Ohio or 19,799
other appropriate rules, or to take other appropriate action, to 19,800
encourage cooperation between divisions of the courts of common 19,801
pleas to better implement this act, including, but not limited 19,802
to, the provisions of this act authorizing, in specified
457
circumstances, jury trials in juvenile courts. 19,803
Section 4. The General Assembly hereby encourages the 19,805
Supreme Court to make the following amendments to the Traffic 19,807
Rules:
(A) Amend Traffic Rule 2 to exclude juvenile courts from 19,809
the definition of "court"; 19,810
(B) Amend Traffic Rule 13 to authorize juvenile courts to 19,812
create violations bureaus for the payment of tickets that involve 19,813
first offense minor misdemeanor traffic offenses that did not 19,814
result in an accident.
Section 5. The General Assembly hereby encourages the 19,817
Supreme Court to take appropriate action to collect data from 19,818
each juvenile court in this state on both the number of alleged 19,819
delinquent children for whom a serious youthful offender 19,820
dispositional sentence is sought pursuant to section 2152.13 of 19,821
the Revised Code and the number of jury trials held in the 19,822
juvenile courts annually as a result of serious youthful offender 19,823
dispositional sentences being sought for alleged delinquent 19,824
children, and to prepare and submit to the General Assembly a 19,825
report containing the data so collected.
Section 6. Sections 1 and 2 of this act shall take effect 19,827
on July 1, 2001.
Section 7. Section 2151.31 of the Revised Code is 19,830
presented in this act as a composite of the section as amended by 19,831
both Am. Sub. H.B. 3 and Sub. H.B. 176 of the 123rd General 19,832
Assembly, with the new language of neither of the acts shown in 19,833
capital letters. Section 2151.358 of the Revised Code is 19,834
presented in this act as a composite of the section as amended by 19,835
both Am. Sub. H.B. 1 and Am. Sub. S.B. 2 of the 121st General 19,836
Assembly, with the new language of neither of the acts shown in 19,838
capital letters. Section 2923.36 of the Revised Code is 19,839
presented in this act as a composite of the section as amended by 19,840
both Sub. H.B. 266 and Sub. H.B. 506 of the 118th General 19,841
Assembly, with the new language of neither of the acts shown in 19,843
458
capital letters. Section 2929.01 of the Revised Code is 19,844
presented in this act as a composite of the section as amended by 19,845
both Am. S.B. 9 and Am. Sub. S.B. 107 of the 123rd General 19,846
Assembly, with the new language of neither of the acts shown in 19,847
capital letters. Section 2929.12 of the Revised Code is 19,848
presented in this act as a composite of the section as amended by 19,849
both Am. S.B. 9 and Am. Sub. S.B. 107 of the 123rd General 19,850
Assembly, with the new language of neither of the acts shown in 19,851
capital letters. Section 2950.08 of the Revised Code is 19,853
presented in this act as a composite of the section as amended by 19,854
both Am. Sub. H.B. 180 and Am. Sub. S.B. 160 of the 121st General 19,855
Assembly, with the new language of neither of the acts shown in 19,857
capital letters. Section 5139.07 of the Revised Code is 19,858
presented in this act as a composite of the section as amended by 19,859
both Am. Sub. H.B. 1 and Am. Sub. H.B. 215 of the 122nd General 19,860
Assembly, with the new language of neither of the acts shown in 19,862
capital letters. Section 5705.01 of the Revised Code is 19,863
presented in this act as a composite of the section as amended by 19,864
both Am. Sub. H.B. 117 and Am. H.B. 192 of the 121st General 19,865
Assembly, with the new language of neither of the acts shown in 19,867
capital letters. This is in recognition of the principle stated 19,868
in division (B) of section 1.52 of the Revised Code that such 19,869
amendments are to be harmonized where not substantively 19,870
irreconcilable and constitutes a legislative finding that such is 19,871
the resulting version in effect prior to the effective date of 19,872
this act.