As Reported by the House Criminal Justice Committee 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 179 5
1999-2000 6
SENATORS LATTA-HOTTINGER-JOHNSON-OELSLAGER-DRAKE-MUMPER-FINAN- 7
REPRESENTATIVES WOMER BENJAMIN-TAYLOR 8
_________________________________________________________________ 10
A B I L L
To amend sections 2151.35 and 2945.17 of the Revised 14
Code to remove the right to jury trial for an 15
adult in a truancy case filed jointly against a
truant child and the parent, guardian, or other 16
person having care of the child and to amend 17
sections 109.42, 109.54, 109.573, 133.01, 181.22, 18
307.02, 307.022, 329.05, 2151.01, 2151.011, 20
2151.022, 2151.07, 2151.08, 2151.10, 2151.11,
2151.12, 2151.14, 2151.141, 2151.18, 2151.211, 22
2151.23, 2151.24, 2151.25, 2151.26, 2151.27,
2151.271, 2151.28, 2151.29, 2151.31, 2151.311, 23
2151.312, 2151.313, 2151.314, 2151.315, 2151.34, 24
2151.341, 2151.343, 2151.35, 2151.352, 2151.354, 26
2151.356, 2151.357, 2151.358, 2151.359,
2151.3510, 2151.3511, 2151.36, 2151.38, 2151.62, 27
2151.65, 2151.651, 2151.652, 2151.655, 2151.78, 28
2151.79, 2151.99, 2153.16, 2301.03, 2301.31, 29
2701.03, 2744.01, 2744.03, 2919.24, 2921.32,
2923.211, 2923.32, 2923.33, 2923.34, 2923.36, 30
2923.44, 2923.45, 2925.42, 2925.43, 2929.01, 31
2929.12, 2929.23, 2930.12, 2930.13, 2938.02,
2941.141, 2941.142, 2941.144, 2941.145, 2941.146, 32
3109.41, 3301.121, 3313.66, 3321.19, 3321.22, 33
3730.07, 3730.99, 4109.08, 5103.03, 5120.16, 34
5120.172, 5139.01, 5139.02, 5139.04, 5139.05,
5139.06, 5139.07, 5139.11, 5139.18, 5139.191, 35
5139.20, 5139.27, 5139.271, 5139.281, 5139.29, 36
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5139.31, 5139.32, 5139.35, 5139.41, 5139.50, 37
5139.51, 5139.52, 5139.53, 5139.54, 5139.55,
5705.01, and 5705.19; to amend, for the purpose 38
of adopting new section numbers as indicated in 39
parentheses, sections 2151.11 (2152.73), 2151.18
(2152.71), 2151.25 (2152.03), 2151.26 (2152.12), 41
2151.312 (2152.26), 2151.315 (2152.74), 2151.34
(2152.41), 2151.341 (2152.43), 2151.343 42
(2152.44), 2151.356 (2152.21), 2151.3511 43
(2152.81), 2151.47 (2152.67), and 2151.62 44
(2152.72); to enact new sections 2151.18 and 46
2151.312 and sections 2152.01, 2152.02, 2152.021,
2152.04, 2152.10, 2152.11, 2152.13, 2152.14, 47
2152.16, 2152.17, 2152.18, 2152.19, 2152.20, 48
2152.22, 2152.42, 2152.61, and 2152.99; and to
repeal sections 2151.02, 2151.021, 2151.342, 50
2151.344, 2151.345, 2151.346, 2151.347, 2151.348,
2151.349, 2151.3410, 2151.3411, 2151.3412, 52
2151.3413, 2151.3414, 2151.3415, 2151.3416,
2151.355, 2151.3512, 2151.411, 2151.45, 2151.46, 54
2151.48, 2151.51, and 5139.24 of the Revised Code 55
effective January 1, 2002, to implement, with 56
modifications, the recommendations of the
Criminal Sentencing Commission pertaining to 57
juvenile offender transfers of alleged delinquent 58
children to criminal court for prosecution,
dispositions of delinquent children and juvenile 59
traffic offenders, and other changes to the 60
Juvenile Court Law and the Juvenile Code. 61
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 63
Section 1. That sections 2151.35 and 2945.17 of the 67
Revised Code be amended to read as follows:
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Sec. 2151.35. (A)(1) The juvenile court may conduct its 76
hearings in an informal manner and may adjourn its hearings from 77
time to time. In the hearing of any case, the general public may 78
be excluded and only those persons admitted who have a direct 79
interest in the case. 80
Except cases involving children who are alleged to be 82
unruly or delinquent children for being habitual or chronic 83
truants, all cases involving children shall be heard separately 84
and apart from the trial of cases against adults. The court may 85
excuse the attendance of the child at the hearing in cases 86
involving abused, neglected, or dependent children. The court 87
shall hear and determine all cases of children without a jury, 88
except that section 2151.47 of the Revised Code shall apply in 90
cases involving a complaint that jointly alleges that a child is 91
an unruly or delinquent child for being an habitual or chronic 92
truant and that a parent, guardian, or other person having care 94
of the child failed to cause the child's attendance at school. 95
If a complaint alleges a child to be a delinquent child, 97
unruly child, or juvenile traffic offender, the court shall 98
require the parent, guardian, or custodian of the child to attend 99
all proceedings of the court regarding the child. If a parent, 100
guardian, or custodian fails to so attend, the court may find the 101
parent, guardian, or custodian in contempt. 102
If the court at the adjudicatory hearing finds from clear 104
and convincing evidence that the child is an abused, neglected, 105
or dependent child, the court shall proceed, in accordance with 106
division (B) of this section, to hold a dispositional hearing and 107
hear the evidence as to the proper disposition to be made under 108
section 2151.353 of the Revised Code. If the court at the 109
adjudicatory hearing finds beyond a reasonable doubt that the 110
child is a delinquent or unruly child or a juvenile traffic 111
offender, the court shall proceed immediately, or at a postponed 112
hearing, to hear the evidence as to the proper disposition to be 113
made under sections 2151.352 to 2151.355 of the Revised Code. If 115
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the court at the adjudicatory hearing finds beyond a reasonable
doubt that the child is an unruly child for being an habitual 116
truant, or that the child is an unruly child for being an 117
habitual truant and that the parent, guardian, or other person 118
having care of the child has failed to cause the child's 119
attendance at school in violation of section 3321.38 of the 120
Revised Code, the court shall proceed to hold a hearing to hear 121
the evidence as to the proper disposition to be made in regard to 122
the child under division (C)(1) of section 2151.354 of the 123
Revised Code and the proper action to take in regard to the 125
parent, guardian, or other person having care of the child under
division (C)(2) of section 2151.354 of the Revised Code. If the 127
court at the adjudicatory hearing finds beyond a reasonable doubt 128
that the child is a delinquent child for being a chronic truant
or for being an habitual truant who previously has been 129
adjudicated an unruly child for being an habitual truant, or that 130
the child is a delinquent child for either of those reasons and 131
the parent, guardian, or other person having care of the child 132
has failed to cause the child's attendance at school in violation 133
of section 3321.38 of the Revised Code, the court shall proceed 134
to hold a hearing to hear the evidence as to the proper 135
disposition to be made in regard to the child under division 136
(A)(24)(a) of section 2151.355 of the Revised Code and the proper 139
action to take in regard to the parent, guardian, or other person 140
having care of the child under division (A)(24)(b) of section 141
2151.355 of the Revised Code.
If the court does not find the child to be an abused, 143
neglected, dependent, delinquent, or unruly child or a juvenile 144
traffic offender, it shall order that the complaint be dismissed 145
and that the child be discharged from any detention or 146
restriction theretofore ordered. 147
(2) A record of all testimony and other oral proceedings 149
in juvenile court shall be made in all proceedings that are held 150
pursuant to section 2151.414 of the Revised Code or in which an 151
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order of disposition may be made pursuant to division (A)(4) of 152
section 2151.353 of the Revised Code, and shall be made upon 153
request in any other proceedings. The record shall be made as 154
provided in section 2301.20 of the Revised Code. 155
(B)(1) If the court at an adjudicatory hearing determines 157
that a child is an abused, neglected, or dependent child, the 158
court shall not issue a dispositional order until after the court 159
holds a separate dispositional hearing. The court may hold the 160
dispositional hearing for an adjudicated abused, neglected, or 162
dependent child immediately after the adjudicatory hearing if all 164
parties were served prior to the adjudicatory hearing with all 165
documents required for the dispositional hearing. The 166
dispositional hearing may not be held more than thirty days after 167
the adjudicatory hearing is held. The court, upon the request of 168
any party or the guardian ad litem of the child, may continue a 169
dispositional hearing for a reasonable time not to exceed the 170
time limits set forth in this division to enable a party to 171
obtain or consult counsel. The dispositional hearing shall not 172
be held more than ninety days after the date on which the 173
complaint in the case was filed. 174
If the dispositional hearing is not held within the period 176
of time required by this division, the court, on its own motion 177
or the motion of any party or the guardian ad litem of the child, 178
shall dismiss the complaint without prejudice. 179
(2) The dispositional hearing shall be conducted in 181
accordance with all of the following: 182
(a) The judge or referee who presided at the adjudicatory 184
hearing shall preside, if possible, at the dispositional hearing; 185
(b) The court may admit any evidence that is material and 187
relevant, including, but not limited to, hearsay, opinion, and 188
documentary evidence; 189
(c) Medical examiners and each investigator who prepared a 191
social history shall not be cross-examined, except upon consent 192
of the parties, for good cause shown, or as the court in its 193
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discretion may direct. Any party may offer evidence 194
supplementing, explaining, or disputing any information contained 195
in the social history or other reports that may be used by the 196
court in determining disposition. 197
(3) After the conclusion of the dispositional hearing, the 199
court shall enter an appropriate judgment within seven days and 200
shall schedule the date for the hearing to be held pursuant to 201
section 2151.415 of the Revised Code. The court may make any 202
order of disposition that is set forth in section 2151.353 of the 203
Revised Code. A copy of the judgment shall be given to each 204
party and to the child's guardian ad litem. If the judgment is 205
conditional, the order shall state the conditions of the 206
judgment. If the child is not returned to the child's own home, 208
the court shall determine which school district shall bear the
cost of the child's education and shall comply with section 210
2151.36 of the Revised Code.
(4) As part of its dispositional order, the court may 212
issue any order described in division (B) of section 2151.33 of 213
the Revised Code. 214
(C) The court shall give all parties to the action and the 216
child's guardian ad litem notice of the adjudicatory and 217
dispositional hearings in accordance with the Juvenile Rules. 218
(D) If the court issues an order pursuant to division 220
(A)(4) of section 2151.353 of the Revised Code committing a child 221
to the permanent custody of a public children services agency or 222
a private child placing agency, the parents of the child whose 223
parental rights were terminated cease to be parties to the action 224
upon the issuance of the order. This division is not intended to 225
eliminate or restrict any right of the parents to appeal the 226
permanent custody order issued pursuant to division (A)(4) of 227
section 2151.353 of the Revised Code. 228
(E) Each juvenile court shall schedule its hearings in 230
accordance with the time requirements of this chapter. 231
(F) In cases regarding abused, neglected, or dependent 233
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children, the court may admit any statement of a child that the 234
court determines to be excluded by the hearsay rule if the 235
proponent of the statement informs the adverse party of the 236
proponent's intention to offer the statement and of the 238
particulars of the statement, including the name of the 239
declarant, sufficiently in advance of the hearing to provide the 240
party with a fair opportunity to prepare to challenge, respond 241
to, or defend against the statement, and the court determines all 242
of the following: 243
(1) The statement has circumstantial guarantees of 245
trustworthiness; 246
(2) The statement is offered as evidence of a material 248
fact; 249
(3) The statement is more probative on the point for which 251
it is offered than any other evidence that the proponent can 252
procure through reasonable efforts; 253
(4) The general purposes of the evidence rules and the 255
interests of justice will best be served by the admission of the 256
statement into evidence. 257
(G) If a child is alleged to be an abused child, the court 259
may order that the testimony of the child be taken by deposition. 260
On motion of the prosecuting attorney, guardian ad litem, or any 261
party, or in its own discretion, the court may order that the 262
deposition be videotaped. Any deposition taken under this 263
division shall be taken with a judge or referee present. 264
If a deposition taken under this division is intended to be 266
offered as evidence at the hearing, it shall be filed with the 267
court. Part or all of the deposition is admissible in evidence 268
if counsel for all parties had an opportunity and similar motive 269
at the time of the taking of the deposition to develop the 270
testimony by direct, cross, or redirect examination and the judge 271
determines that there is reasonable cause to believe that if the 272
child were to testify in person at the hearing, the child would 273
experience emotional trauma as a result of participating at the 274
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hearing.
Sec. 2945.17. At any trial, in any court, for the 283
violation of any statute of this state, or of any ordinance of 284
any municipal corporation, except in cases in which the penalty 285
involved does not exceed a fine of one hundred dollars, the 286
accused has the right to be tried by a jury. THIS SECTION DOES
NOT APPLY TO, AND THERE IS NO RIGHT TO A JURY TRIAL FOR, A PERSON 287
WHO IS THE SUBJECT OF A COMPLAINT FILED UNDER SECTION 2151.27 OF 288
THE REVISED CODE AGAINST BOTH A CHILD AND THE PARENT, GUARDIAN, 289
OR OTHER PERSON HAVING CARE OF THE CHILD.
Section 2. That existing sections 2151.35 and 2945.17 of 291
the Revised Code are hereby repealed. 292
Section 3. That sections 109.42, 109.54, 109.573, 133.01, 295
181.22, 307.02, 307.022, 329.05, 2151.01, 2151.011, 2151.022, 297
2151.07, 2151.08, 2151.10, 2151.11, 2151.12, 2151.14, 2151.141, 298
2151.18, 2151.211, 2151.23, 2151.24, 2151.25, 2151.26, 2151.27, 299
2151.271, 2151.28, 2151.29, 2151.31, 2151.311, 2151.312, 300
2151.313, 2151.314, 2151.315, 2151.34, 2151.341, 2151.343, 301
2151.35, 2151.352, 2151.354, 2151.356, 2151.357, 2151.358, 303
2151.359, 2151.3510, 2151.3511, 2151.36, 2151.38, 2151.62, 304
2151.65, 2151.651, 2151.652, 2151.655, 2151.78, 2151.79, 2151.99, 305
2153.16, 2301.03, 2301.31, 2701.03, 2744.01, 2744.03, 2919.24, 306
2921.32, 2923.211, 2923.32, 2923.33, 2923.34, 2923.36, 2923.44, 307
2923.45, 2925.42, 2925.43, 2929.01, 2929.12, 2929.23, 2930.12, 308
2930.13, 2938.02, 2941.141, 2941.142, 2941.144, 2941.145, 309
2941.146, 2945.17, 3109.41, 3301.121, 3313.66, 3321.19, 3321.22, 310
3730.07, 3730.99, 4109.08, 5103.03, 5120.16, 5120.172, 5139.01, 311
5139.02, 5139.04, 5139.05, 5139.06, 5139.07, 5139.11, 5139.18, 312
5139.191, 5139.20, 5139.27, 5139.271, 5139.281, 5139.29, 5139.31, 313
5139.32, 5139.35, 5139.41, 5139.50, 5139.51, 5139.52, 5139.53, 314
5139.54, 5139.55, 5705.01, and 5705.19 be amended; sections 315
2151.11 (2152.73), 2151.18 (2152.71), 2151.25 (2152.03), 2151.26 317
(2152.12), 2151.312 (2152.26), 2151.315 (2152.74), 2151.34 318
(2152.41), 2151.341 (2152.43), 2151.343 (2152.44), 2151.356 320
9
(2152.21), 2151.3511 (2152.81), 2151.47 (2152.67), and 2151.62 321
(2152.72) be amended, for the purpose of adopting new section 323
numbers as indicated in parentheses; and new sections 2151.18 and 324
2151.312 and sections 2152.01, 2152.02, 2152.021, 2152.04,
2152.10, 2152.11, 2152.13, 2152.14, 2152.16, 2152.17, 2152.18, 325
2152.19, 2152.20, 2152.22, 2152.42, 2152.61, and 2152.99 of the 326
Revised Code be enacted to read as follows: 328
Sec. 109.42. (A) The attorney general shall prepare and 335
have printed a pamphlet that contains a compilation of all 336
statutes relative to victim's rights in which the attorney 337
general lists and explains the statutes in the form of a victim's 339
bill of rights. The attorney general shall distribute the 340
pamphlet to all sheriffs, marshals, municipal corporation and 342
township police departments, constables, and other law 343
enforcement agencies, to all prosecuting attorneys, city 344
directors of law, village solicitors, and other similar chief 345
legal officers of municipal corporations, and to organizations 346
that represent or provide services for victims of crime. The 347
victim's bill of rights set forth in the pamphlet shall contain a 348
description of all of the rights of victims that are provided for 349
in Chapter 2930. or in any other section of the Revised Code and 350
shall include, but not be limited to, all of the following: 351
(1) The right of a victim or a victim's representative to 354
attend a proceeding before a grand jury, in a juvenile case, or 355
in a criminal case pursuant to a subpoena without being 356
discharged from the victim's or representative's employment, 357
having the victim's or representative's employment terminated, 358
having the victim's or representative's pay decreased or 359
withheld, or otherwise being punished, penalized, or threatened 360
as a result of time lost from regular employment because of the 361
victim's or representative's attendance at the proceeding 363
pursuant to the subpoena, as set forth in section 2151.211, 364
2930.18, 2939.121, or 2945.451 of the Revised Code;
(2) The potential availability pursuant to section 366
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2151.411 2151.359 OR 2152.61 of the Revised Code of a forfeited 368
recognizance to pay damages caused by a child when the 369
delinquency of the child or child's violation of probation OR 370
COMMUNITY CONTROL is found to be proximately caused by the 372
failure of the child's parent or guardian to subject the child to 373
reasonable parental authority or to faithfully discharge the 374
conditions of probation OR COMMUNITY CONTROL;
(3) The availability of awards of reparations pursuant to 376
sections 2743.51 to 2743.72 of the Revised Code for injuries 377
caused by criminal offenses; 378
(4) The right of the victim in certain criminal or 380
juvenile cases or a victim's representative to receive, pursuant 382
to section 2930.06 of the Revised Code, notice of the date, time, 383
and place of the trial or delinquency proceeding in the case or, 384
if there will not be a trial or delinquency proceeding, 385
information from the prosecutor, as defined in section 2930.01 of 387
the Revised Code, regarding the disposition of the case;
(5) The right of the victim in certain criminal or 389
juvenile cases or a victim's representative to receive, pursuant 390
to section 2930.04, 2930.05, or 2930.06 of the Revised Code, 391
notice of the name of the person charged with the violation, the 392
case or docket number assigned to the charge, and a telephone 393
number or numbers that can be called to obtain information about 394
the disposition of the case;
(6) The right of the victim in certain criminal or 396
juvenile cases or of the victim's representative pursuant to 399
section 2930.13 or 2930.14 of the Revised Code, subject to any 400
reasonable terms set by the court as authorized under section 401
2930.14 of the Revised Code, to make a statement about the 403
victimization and, if applicable, a statement relative to the 404
sentencing or disposition of the offender; 406
(7) The opportunity to obtain a court order, pursuant to 408
section 2945.04 of the Revised Code, to prevent or stop the 409
commission of the offense of intimidation of a crime victim or 410
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witness or an offense against the person or property of the 411
complainant, or of the complainant's ward or child; 412
(8) The right of the victim in certain criminal or 414
juvenile cases or a victim's representative pursuant to sections 416
2151.38, 2929.20, 2930.10, 2930.16, and 2930.17 of the Revised 418
Code to receive notice of a pending motion for judicial release
or early release of the person who committed the offense against 421
the victim, to make an oral or written statement at the court 423
hearing on the motion, and to be notified of the court's decision 424
on the motion;
(9) The right of the victim in certain criminal or 426
juvenile cases or a victim's representative pursuant to section 427
2930.16, 2967.12, 2967.26, or 5139.56 of the Revised Code to 429
receive notice of any pending commutation, pardon, parole, 430
transitional control, discharge, other form of authorized 431
release, post-release control, or supervised release for the 432
person who committed the offense against the victim or any 433
application for release of that person and to send a written 435
statement relative to the victimization and the pending action to 436
the adult parole authority or the release authority of the 437
department of youth services; 438
(10) The right of the victim to bring a civil action 440
pursuant to sections 2969.01 to 2969.06 of the Revised Code to 441
obtain money from the offender's profit fund; 442
(11) The right, pursuant to section 3109.09 of the Revised 445
Code, to maintain a civil action to recover compensatory damages
not exceeding ten thousand dollars and costs from the parent of a 447
minor who willfully damages property through the commission of an 448
act that would be a theft offense, as defined in section 2913.01 449
of the Revised Code, if committed by an adult;
(12) The right, pursuant to section 3109.10 of the Revised 451
Code, to maintain a civil action to recover compensatory damages 452
not exceeding ten thousand dollars and costs from the parent of a 453
minor who willfully and maliciously assaults a person; 454
12
(13) The possibility of receiving restitution from an 456
offender or a delinquent child pursuant to section 2151.355 457
2152.20, 2929.18, or 2929.21 of the Revised Code; 459
(14) The right of the victim in certain criminal or 461
juvenile cases or a victim's representative, pursuant to section 462
2930.16 of the Revised Code, to receive notice of the escape from 464
confinement or custody of the person who committed the offense, 465
to receive that notice from the custodial agency of the person at 466
the victim's last address or telephone number provided to the 467
custodial agency, and to receive notice that, if either the 468
victim's address or telephone number changes, it is in the 469
victim's interest to provide the new address or telephone number 470
to the custodial agency; 471
(15) The right of a victim of domestic violence to seek 473
the issuance of a temporary protection order pursuant to section 475
2919.26 of the Revised Code, to seek the issuance of a civil 476
protection order pursuant to section 3113.31 of the Revised Code, 477
and to be accompanied by a victim advocate during court
proceedings; 478
(16) The right of a victim of a sexually oriented offense 481
that is committed by a person who is adjudicated as being a 482
sexual predator or, in certain cases, by a person who is 483
determined to be a habitual sex offender to receive, pursuant to 484
section 2950.10 of the Revised Code, notice that the offender 485
PERSON has registered with a sheriff under section 2950.04 or 486
2950.05 of the Revised Code and notice of the offender's PERSON'S 488
name and residence address or addresses, and a summary of the 490
manner in which the victim must make a request to receive the 491
notice. As used in this division, "sexually oriented offense," 492
"adjudicated as being a sexual predator," and "habitual sex 493
offender" have the same meanings as in section 2950.01 of the 494
Revised Code.
(17) The right of a victim of certain sexually violent 496
offenses committed by a sexually violent predator who is 497
13
sentenced to a prison term pursuant to division (A)(3) of section 499
2971.03 of the Revised Code to receive, pursuant to section 500
2930.16 of the Revised Code, notice of a hearing to determine 501
whether to modify the requirement that the offender serve the 502
entire prison term in a state correctional facility, whether to 503
continue, revise, or revoke any existing modification of that 504
requirement, or whether to terminate the prison term. As used in 505
this division, "sexually violent offense" and "sexually violent 506
predator" have the same meanings as in section 2971.01 of the 507
Revised Code.
(B)(1)(a) Subject to division (B)(1)(c) of this section, a 509
prosecuting attorney, assistant prosecuting attorney, city 511
director of law, assistant CITY director of law, village 512
solicitor, assistant village solicitor, or similar chief legal 513
officer of a municipal corporation or an assistant of any of 514
those officers who prosecutes an offense committed in this state, 515
upon first contact with the victim of the offense, the victim's 516
family, or the victim's dependents, shall give the victim, the 518
victim's family, or the victim's dependents a copy of the 519
pamphlet prepared pursuant to division (A) of this section and 520
explain, upon request, the information in the pamphlet to the
victim, the victim's family, or the victim's dependents. 521
(b) Subject to division (B)(1)(c) of this section, a law 523
enforcement agency that investigates an offense or delinquent act 526
committed in this state shall give the victim of the offense or 528
delinquent act, the victim's family, or the victim's dependents a 530
copy of the pamphlet prepared pursuant to division (A) of this 531
section at one of the following times: 532
(i) Upon first contact with the victim, the victim's 534
family, or the victim's dependents; 535
(ii) If the offense or delinquent act is an offense of 537
violence, if the circumstances of the offense or delinquent act 539
and the condition of the victim, the victim's family, or the 541
victim's dependents indicate that the victim, the victim's 542
14
family, or the victim's dependents will not be able to understand 543
the significance of the pamphlet upon first contact with the 544
agency, and if the agency anticipates that it will have an 545
additional contact with the victim, the victim's family, or the 546
victim's dependents, upon the agency's second contact with the 547
victim, the victim's family, or the victim's dependents. 548
If the agency does not give the victim, the victim's 550
family, or the victim's dependents a copy of the pamphlet upon 551
first contact with them and does not have a second contact with 552
the victim, the victim's family, or the victim's dependents, the 554
agency shall mail a copy of the pamphlet to the victim, the 555
victim's family, or the victim's dependents at their last known 556
address. 557
(c) In complying on and after December 9, 1994, with the 559
duties imposed by division (B)(1)(a) or (b) of this section, an 561
official or a law enforcement agency shall use copies of the 562
pamphlet that are in the official's or agency's possession on 563
December 9, 1994, until the official or agency has distributed 565
all of those copies. After the official or agency has 566
distributed all of those copies, the official or agency shall use 567
only copies of the pamphlet that contain at least the information 568
described in division (A)(1) to (17) of this section. 569
(2) The failure of a law enforcement agency or of a 571
prosecuting attorney, assistant prosecuting attorney, CITY 572
director of law, assistant CITY director of law, village 573
solicitor, assistant village solicitor, or similar chief legal 574
officer of a municipal corporation or an assistant to any of 575
those officers to give, as required by division (B)(1) of this 578
section, the victim of an offense or delinquent act, the victim's 579
family, or the victim's dependents a copy of the pamphlet 580
prepared pursuant to division (A) of this section does not give 581
the victim, the victim's family, the victim's dependents, or a 582
victim's representative any rights under section 122.95, 2743.51 585
to 2743.72, 2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 586
15
3109.10 of the Revised Code or under any other provision of the 587
Revised Code and does not affect any right under those sections. 588
(3) A law enforcement agency, a prosecuting attorney or 590
assistant prosecuting attorney, or a CITY director of law, 591
assistant CITY director of law, village solicitor, assistant 593
village solicitor, or similar chief legal officer of a municipal
corporation that distributes a copy of the pamphlet prepared 595
pursuant to division (A) of this section shall not be required to 596
distribute a copy of an information card or other printed 597
material provided by the clerk of the court of claims pursuant to 598
section 2743.71 of the Revised Code.
(C) The cost of printing and distributing the pamphlet 600
prepared pursuant to division (A) of this section shall be paid 601
out of the reparations fund, created pursuant to section 2743.191 602
of the Revised Code, in accordance with division (D) of that 603
section. 604
(D) As used in this section: 606
(1) "Victim's representative" has the same meaning as in 608
section 2930.01 of the Revised Code; 609
(2) "Victim advocate" has the same meaning as in section 612
2919.26 of the Revised Code.
Sec. 109.54. (A) The bureau of criminal identification 621
and investigation may investigate any criminal activity in this 622
state that is of statewide or intercounty concern when requested 623
by local authorities and may aid federal authorities, when 624
requested, in their investigation of any criminal activity in 625
this state. The bureau may investigate any criminal activity in 626
this state involving drug abuse or illegal drug distribution 627
prohibited under Chapter 3719. or 4729. of the Revised Code. The 628
superintendent and any agent of the bureau may participate, as 629
the director of an organized crime task force established under 630
section 177.02 of the Revised Code or as a member of the 631
investigatory staff of a task force established under that 632
section, in an investigation of organized criminal activity 633
16
anywhere within this state under sections 177.01 to 177.03 of the 634
Revised Code.
(B) The bureau may provide any trained investigative 636
personnel and specialized equipment that are requested by any 637
sheriff or chief of police, by the authorized designee of any 638
sheriff or chief of police, or by any other authorized law 639
enforcement officer to aid and assist the officer in the 640
investigation and solution of any crime or the control of any 641
criminal activity occurring within the officer's jurisdiction. 642
This assistance shall be furnished by the bureau without 643
disturbing or impairing any of the existing law enforcement 644
authority or the prerogatives of local law enforcement 645
authorities or officers. Investigators provided pursuant to this 646
section, or engaged in an investigation pursuant to section 647
109.83 of the Revised Code, may go armed in the same manner as 648
sheriffs and regularly appointed police officers under section 649
2923.12 of the Revised Code.
(C)(1) The bureau shall obtain recording equipment that 651
can be used to record depositions of the type described in 652
division (A) of section 2151.3511 2152.81 and division (A) of 653
section 2945.481 of the Revised Code, or testimony of the type 655
described in division (D) of section 2151.3511 2152.81 and 656
division (D) of section 2945.481 or in division (C) of section 658
2937.11 of the Revised Code, shall obtain closed circuit 659
equipment that can be used to televise testimony of the type 660
described in division (C) of section 2151.3511 2152.81 and 661
division (C) of section 2945.481 or in division (B) of section 663
2937.11 of the Revised Code, and shall provide the equipment, 664
upon request, to any court for use in recording any deposition or 665
testimony of one of those types or in televising the testimony in 667
accordance with the applicable division.
(2) The bureau shall obtain the names, addresses, and 669
telephone numbers of persons who are experienced in questioning 670
children in relation to an investigation of a violation of 671
17
section 2905.03, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 673
2907.06, 2907.07, 2907.09, 2907.21, 2907.23, 2907.24, 2907.31, 674
2907.32, 2907.321, 2907.322, 2907.323, or 2919.22 of the Revised 676
Code or an offense of violence and shall maintain a list of those 677
names, addresses, and telephone numbers. The list shall include 678
a classification of the names, addresses, and telephone numbers 679
by appellate district. Upon request, the bureau shall provide 680
any county sheriff, chief of police, prosecuting attorney, 681
village solicitor, city director of law, or similar chief legal 682
officer with the name, address, and telephone number of any 683
person contained in the list.
Sec. 109.573. (A) As used in this section: 692
(1) "DNA" means human deoxyribonucleic acid. 694
(2) "DNA analysis" means a laboratory analysis of a DNA 696
specimen to identify DNA characteristics and to create a DNA 698
record.
(3) "DNA database" means a collection of DNA records from 701
forensic casework or from crime scenes, specimens from anonymous
and unidentified sources, and records collected pursuant to 703
sections 2151.315 2152.74 and 2901.07 of the Revised Code and a 705
population statistics database for determining the frequency of 706
occurrence of characteristics in DNA records. 707
(4) "DNA record" means the objective result of a DNA 709
analysis of a DNA specimen, including representations of DNA 711
fragment lengths, digital images of autoradiographs, discrete
allele assignment numbers, and other DNA specimen characteristics 712
that aid in establishing the identity of an individual. 713
(5) "DNA specimen" includes human blood cells or 715
physiological tissues or body fluids. 716
(6) "Unidentified person database" means a collection of 718
DNA records, and, on and after the effective date of this 719
amendment MAY 21, 1998, of fingerprint and photograph records, of 721
unidentified human corpses, human remains, or living individuals.
(7) "Relatives of missing persons database" means a 723
18
collection of DNA records of persons related by consanguinity of 725
the first degree to a missing person. 726
(8) "Law enforcement agency" means a police department, 728
the office of a sheriff, the state highway patrol, a county 729
prosecuting attorney, or a federal, state, or local governmental 730
body that enforces criminal laws and that has employees who have 731
a statutory power of arrest. 732
(B)(1) The superintendent of the bureau of criminal 734
identification and investigation may do all of the following: 735
(a) Establish and maintain a state DNA laboratory to 738
perform DNA analysis of DNA specimens; 739
(b) Establish and maintain a DNA database; 742
(c) Establish and maintain an unidentified person database 745
to aid in the establishment of the identity of unknown human
corpses, human remains, or living individuals; 746
(d) Establish and maintain a relatives of missing persons 749
database for comparison with the unidentified person database to 750
aid in the establishment of the identity of unknown human 751
corpses, human remains, and living individuals.
(2) If the bureau of criminal identification and 753
investigation establishes and maintains a DNA laboratory and a 754
DNA database, the bureau may use or disclose information 755
regarding DNA records for the following purposes: 756
(a) The bureau may disclose information to a law 758
enforcement agency for purposes of identification. 759
(b) The bureau shall disclose pursuant to a court order 762
issued under section 3111.09 of the Revised Code any information
necessary to determine the existence of a parent and child 764
relationship in an action brought under sections 3111.01 to
3111.19 of the Revised Code. 765
(c) The bureau may use or disclose information from the 768
population statistics database, for identification research and 769
protocol development, or for quality control purposes.
(3) If the bureau of criminal identification and 771
19
investigation establishes and maintains a relatives of missing 772
persons database, all of the following apply: 773
(a) If a person has disappeared and has been continuously 776
absent from the person's place of last domicile for a thirty-day 777
or longer period of time without being heard from during the
period, persons related by consanguinity of the first degree to 779
the missing person may submit to the bureau a DNA specimen, the 780
bureau may include the DNA record of the specimen in the 782
relatives of missing persons database, and, if the bureau does 783
not include the DNA record of the specimen in the relatives of 784
missing persons database, the bureau shall retain the DNA record 785
for future reference and inclusion as appropriate in that 786
database.
(b) The bureau shall not charge a fee for the submission 789
of a DNA specimen pursuant to division (B)(3)(a) of this section. 791
(c) A physician, registered nurse, licensed practical 793
nurse, duly licensed clinical laboratory technician, or other 794
qualified medical practitioner shall conduct the collection 795
procedure for the DNA specimen submitted pursuant to division 796
(B)(3)(a) of this section and shall collect the DNA specimen in a 798
medically approved manner. No later than fifteen days after the 799
date of the collection of the DNA specimen, the person conducting 801
the DNA specimen collection procedure shall cause the DNA 803
specimen to be forwarded to the bureau of criminal identification 805
and investigation in accordance with procedures established by 806
the superintendent of the bureau under division (H) of this 807
section. The bureau may provide the specimen vials, mailing 808
tubes, labels, postage, and instruction needed for the collection 809
and forwarding of the DNA specimen to the bureau. 811
(d) The superintendent, in the superintendent's 813
discretion, may compare DNA records in the relatives of missing 815
persons database with the DNA records in the unidentified person 816
database.
(4) If the bureau of criminal identification and 818
20
investigation establishes and maintains an unidentified person 819
database and if the superintendent of the bureau identifies a 821
matching DNA record for the DNA record of a person or deceased 822
person whose DNA record is contained in the unidentified person 824
database, the superintendent shall inform the coroner who 825
submitted or the law enforcement agency that submitted the DNA 826
specimen to the bureau of the match and, if possible, of the 827
identity of the unidentified person.
(5) The bureau of criminal identification and 829
investigation may enter into a contract with a qualified public 830
or private laboratory to perform DNA analyses, DNA specimen 831
maintenance, preservation, and storage, DNA record keeping, and 832
other duties required of the bureau under this section. A public 833
or private laboratory under contract with the bureau shall follow 834
quality assurance and privacy requirements established by the 835
superintendent of the bureau.
(C) The superintendent of the bureau of criminal 837
identification and investigation shall establish procedures for 838
entering into the DNA database the DNA records submitted pursuant 840
to sections 2151.315 2152.74 and 2901.07 of the Revised Code and 842
for determining an order of priority for entry of the DNA records 844
based on the types of offenses committed by the persons whose 845
records are submitted and the available resources of the bureau.
(D) When a DNA record is derived from a DNA specimen 848
provided pursuant to section 2151.315 2152.74 or 2901.07 of the 849
Revised Code, the bureau of criminal identification and 851
investigation shall attach to the DNA record personal 852
identification information that identifies the person from whom 853
the DNA specimen was taken. The personal identification
information may include the subject person's fingerprints and any 854
other information the bureau determines necessary. The DNA 855
record and personal identification information attached to it 856
shall be used only for the purpose of personal identification or 857
for a purpose specified in this section. 858
21
(E) DNA records, DNA specimens, fingerprints, and 861
photographs that the bureau of criminal identification and 862
investigation receives pursuant to this section and sections 863
313.08, 2151.315 2152.74, and 2901.07 of the Revised Code and 865
personal identification information attached to a DNA record are 866
not public records under section 149.43 of the Revised Code. 867
(F) The bureau of criminal identification and 869
investigation may charge a reasonable fee for providing 870
information pursuant to this section to any law enforcement 871
agency located in another state. 872
(G)(1) No person who because of the person's employment or 874
official position has access to a DNA specimen, a DNA record, or 875
other information contained in the DNA database that identifies 876
an individual shall knowingly disclose that specimen, record, or 877
information to any person or agency not entitled to receive it or 878
otherwise shall misuse that specimen, record, or information. 879
(2) No person without authorization or privilege to obtain 881
information contained in the DNA database that identifies an 882
individual person shall purposely obtain that information. 884
(H) The superintendent of the bureau of criminal 886
identification and investigation shall establish procedures for 887
all of the following: 888
(1) The forwarding to the bureau of DNA specimens 890
collected pursuant to division (H) of this section and sections 891
313.08. 2151.315, 2152.74, and 2901.07 of the Revised Code and of 893
fingerprints and photographs collected pursuant to section 313.08 894
of the Revised Code;
(2) The collection, maintenance, preservation, and 896
analysis of DNA specimens; 897
(3) The creation, maintenance, and operation of the DNA 899
database; 900
(4) The use and dissemination of information from the DNA 902
database; 903
(5) The creation, maintenance, and operation of the 905
22
unidentified person database; 906
(6) The use and dissemination of information from the 908
unidentified person database; 909
(7) The creation, maintenance, and operation of the 911
relatives of missing persons database; 912
(8) The use and dissemination of information from the 914
relatives of missing persons database; 915
(9) The verification of entities requesting DNA records 917
and other DNA information from the bureau and the authority of 918
the entity to receive the information; 919
(10) The operation of the bureau and responsibilities of 921
employees of the bureau with respect to the activities described 922
in this section. 923
Sec. 133.01. As used in this chapter, in sections 9.95, 932
9.96, and 2151.655 of the Revised Code, in other sections of the 933
Revised Code that make reference to this chapter unless the 934
context does not permit, and in related proceedings, unless 935
otherwise expressly provided: 936
(A) "Acquisition" as applied to real or personal property 938
includes, among other forms of acquisition, acquisition by 939
exercise of a purchase option, and acquisition of interests in 940
property, including, without limitation, easements and 941
rights-of-way, and leasehold and other lease interests initially 942
extending or extendable for a period of at least sixty months. 943
(B) "Anticipatory securities" means securities, including 945
notes, issued in anticipation of the issuance of other 946
securities. 947
(C) "Board of elections" means the county board of 949
elections of the county in which the subdivision is located. If 950
the subdivision is located in more than one county, "board of 951
elections" means the county board of elections of the county that 952
contains the largest portion of the population of the subdivision 953
or that otherwise has jurisdiction in practice over and 954
customarily handles election matters relating to the subdivision. 955
23
(D) "Bond retirement fund" means the bond retirement fund 957
provided for in section 5705.09 of the Revised Code, and also 958
means a sinking fund or any other special fund, regardless of the 959
name applied to it, established by or pursuant to law or the 960
proceedings for the payment of debt charges. Provision may be 961
made in the applicable proceedings for the establishment in a 962
bond retirement fund of separate accounts relating to debt 963
charges on particular securities, or on securities payable from 964
the same or common sources, and for the application of moneys in 965
those accounts only to specified debt charges on specified 966
securities or categories of securities. Subject to law and any 967
provisions in the applicable proceedings, moneys in a bond 968
retirement fund or separate account in a bond retirement fund may 969
be transferred to other funds and accounts. 970
(E) "Capitalized interest" means all or a portion of the 972
interest payable on securities from their date to a date stated 973
or provided for in the applicable legislation, which interest is 974
to be paid from the proceeds of the securities. 975
(F) "Chapter 133. securities" means securities authorized 977
by or issued pursuant to or in accordance with this chapter. 978
(G) "County auditor" means the county auditor of the 980
county in which the subdivision is located. If the subdivision 981
is located in more than one county, "county auditor" means the 982
county auditor of the county that contains the highest amount of 983
the tax valuation of the subdivision or that otherwise has 984
jurisdiction in practice over and customarily handles property 985
tax matters relating to the subdivision. In the case of a county 986
that has adopted a charter, "county auditor" means the officer 987
who generally has the duties and functions provided in the 988
Revised Code for a county auditor. 989
(H) "Credit enhancement facilities" means letters of 991
credit, lines of credit, stand-by, contingent, or firm securities 992
purchase agreements, insurance, or surety arrangements, 993
guarantees, and other arrangements that provide for direct or 994
24
contingent payment of debt charges, for security or additional 995
security in the event of nonpayment or default in respect of 996
securities, or for making payment of debt charges to and at the 997
option and on demand of securities holders or at the option of 998
the issuer or upon certain conditions occurring under put or 999
similar arrangements, or for otherwise supporting the credit or 1,000
liquidity of the securities, and includes credit, reimbursement, 1,001
marketing, remarketing, indexing, carrying, interest rate hedge, 1,002
and subrogation agreements, and other agreements and arrangements 1,003
for payment and reimbursement of the person providing the credit 1,004
enhancement facility and the security for that payment and 1,005
reimbursement. 1,006
(I) "Current operating expenses" or "current expenses" 1,008
means the lawful expenditures of a subdivision, except those for 1,009
permanent improvements and for payments of debt charges of the 1,010
subdivision. 1,011
(J) "Debt charges" means the principal, including any 1,013
mandatory sinking fund deposits and mandatory redemption 1,014
payments, interest, and any redemption premium, payable on 1,015
securities as those payments come due and are payable. The use 1,016
of "debt charges" for this purpose does not imply that any 1,017
particular securities constitute debt within the meaning of the 1,018
Ohio Constitution or other laws. 1,019
(K) "Financing costs" means all costs and expenses 1,021
relating to the authorization, including any required election, 1,022
issuance, sale, delivery, authentication, deposit, custody, 1,023
clearing, registration, transfer, exchange, fractionalization, 1,024
replacement, payment, and servicing of securities, including, 1,025
without limitation, costs and expenses for or relating to 1,026
publication and printing, postage, delivery, preliminary and 1,027
final official statements, offering circulars, and informational 1,028
statements, travel and transportation, underwriters, placement 1,029
agents, investment bankers, paying agents, registrars, 1,030
authenticating agents, remarketing agents, custodians, clearing 1,031
25
agencies or corporations, securities depositories, financial 1,032
advisory services, certifications, audits, federal or state 1,033
regulatory agencies, accounting and computation services, legal 1,034
services and obtaining approving legal opinions and other legal 1,035
opinions, credit ratings, redemption premiums, and credit 1,036
enhancement facilities. Financing costs may be paid from any 1,037
moneys available for the purpose, including, unless otherwise 1,038
provided in the proceedings, from the proceeds of the securities 1,039
to which they relate and, as to future financing costs, from the 1,040
same sources from which debt charges on the securities are paid 1,041
and as though debt charges. 1,042
(L) "Fiscal officer" means the following, or, in the case 1,044
of absence or vacancy in the office, a deputy or assistant 1,045
authorized by law or charter to act in the place of the named 1,046
officer, or if there is no such authorization then the deputy or 1,047
assistant authorized by legislation to act in the place of the 1,048
named officer for purposes of this chapter, in the case of the 1,049
following subdivisions: 1,050
(1) A county, the county auditor; 1,052
(2) A municipal corporation, the city auditor or village 1,054
clerk or clerk-treasurer, or the officer who, by virtue of a 1,055
charter, has the duties and functions provided in the Revised 1,056
Code for the city auditor or village clerk or clerk-treasurer; 1,057
(3) A school district, the treasurer of the board of 1,059
education; 1,060
(4) A regional water and sewer district, the secretary of 1,062
the board of trustees; 1,063
(5) A joint township hospital district, the treasurer of 1,065
the district; 1,066
(6) A joint ambulance district, the clerk of the board of 1,068
trustees; 1,069
(7) A joint recreation district, the person designated 1,071
pursuant to section 755.15 of the Revised Code; 1,072
(8) A detention home FACILITY district or a district 1,074
26
organized under section 2151.65 of the Revised Code or a combined 1,075
district organized under sections 2151.34 2152.41 and 2151.65 of 1,076
the Revised Code, the county auditor of the county designated by 1,078
law to act as the auditor of the district; 1,079
(9) A township or a township police district, the clerk of 1,081
the township; 1,082
(10) A joint fire district, the clerk of the board of 1,084
trustees of that district; 1,085
(11) A regional or county library district, the person 1,087
responsible for the financial affairs of that district; 1,088
(12) A joint solid waste management district, the fiscal 1,090
officer appointed by the board of directors of the district under 1,091
section 343.01 of the Revised Code; 1,092
(13) A joint emergency medical services district, the 1,094
person appointed as fiscal officer pursuant to division (D) of 1,095
section 307.053 of the Revised Code; 1,096
(14) A fire and ambulance district, the person appointed 1,098
as fiscal officer under division (B) of section 505.375 of the 1,099
Revised Code;
(15) A subdivision described in division (MM)(16) of this 1,101
section, the officer who is designated by law as or performs the 1,102
functions of its chief fiscal officer. 1,103
(M) "Fiscal year" has the same meaning as in section 9.34 1,105
of the Revised Code. 1,106
(N) "Fractionalized interests in public obligations" means 1,108
participations, certificates of participation, shares, or other 1,109
instruments or agreements, separate from the public obligations 1,110
themselves, evidencing ownership of interests in public 1,111
obligations or of rights to receive payments of, or on account 1,112
of, principal or interest or their equivalents payable by or on 1,113
behalf of an obligor pursuant to public obligations. 1,114
(O) "Fully registered securities" means securities in 1,116
certificated or uncertificated form, registered as to both 1,117
principal and interest in the name of the owner. 1,118
27
(P) "Fund" means to provide for the payment of debt 1,120
charges and expenses related to that payment at or prior to 1,121
retirement by purchase, call for redemption, payment at maturity, 1,122
or otherwise. 1,123
(Q) "General obligation" means securities to the payment 1,125
of debt charges on which the full faith and credit and the 1,126
general property taxing power, including taxes within the tax 1,127
limitation if available to the subdivision, of the subdivision 1,128
are pledged. 1,129
(R) "Interest" or "interest equivalent" means those 1,131
payments or portions of payments, however denominated, that 1,132
constitute or represent consideration for forbearing the 1,133
collection of money, or for deferring the receipt of payment of 1,134
money to a future time. 1,135
(S) "Internal Revenue Code" means the "Internal Revenue 1,137
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended, 1,138
and includes any laws of the United States providing for 1,139
application of that code. 1,140
(T) "Issuer" means any public issuer and any nonprofit 1,142
corporation authorized to issue securities for or on behalf of 1,143
any public issuer. 1,144
(U) "Legislation" means an ordinance or resolution passed 1,146
by a majority affirmative vote of the then members of the taxing 1,147
authority unless a different vote is required by charter 1,148
provisions governing the passage of the particular legislation by 1,149
the taxing authority. 1,150
(V) "Mandatory sinking fund redemption requirements" means 1,152
amounts required by proceedings to be deposited in a bond 1,153
retirement fund for the purpose of paying in any year or fiscal 1,154
year by mandatory redemption prior to stated maturity the 1,155
principal of securities that is due and payable, except for 1,156
mandatory prior redemption requirements as provided in those 1,157
proceedings, in a subsequent year or fiscal year. 1,158
(W) "Mandatory sinking fund requirements" means amounts 1,160
28
required by proceedings to be deposited in a year or fiscal year 1,161
in a bond retirement fund for the purpose of paying the principal 1,162
of securities that is due and payable in a subsequent year or 1,163
fiscal year. 1,164
(X) "Net indebtedness" has the same meaning as in division 1,166
(A) of section 133.04 of the Revised Code. 1,167
(Y) "Obligor," in the case of securities or fractionalized 1,169
interests in public obligations issued by another person the debt 1,170
charges or their equivalents on which are payable from payments 1,171
made by a public issuer, means that public issuer. 1,172
(Z) "One purpose" relating to permanent improvements means 1,174
any one permanent improvement or group or category of permanent 1,175
improvements for the same utility, enterprise, system, or 1,176
project, development or redevelopment project, or for or devoted 1,177
to the same general purpose, function, or use or for which 1,178
self-supporting securities, based on the same or different 1,179
sources of revenues, may be issued or for which special 1,180
assessments may be levied by a single ordinance or resolution. 1,181
"One purpose" includes, but is not limited to, in any case any 1,182
off-street parking facilities relating to another permanent 1,183
improvement, and: 1,184
(1) Any number of roads, highways, streets, bridges, 1,186
sidewalks, and viaducts; 1,187
(2) Any number of off-street parking facilities; 1,189
(3) In the case of a county, any number of permanent 1,191
improvements for courthouse, jail, county offices, and other 1,192
county buildings, and related facilities; 1,193
(4) In the case of a school district, any number of 1,195
facilities and buildings for school district purposes, and 1,196
related facilities. 1,197
(AA) "Outstanding," referring to securities, means 1,199
securities that have been issued, delivered, and paid for, except 1,200
any of the following: 1,201
(1) Securities canceled upon surrender, exchange, or 1,203
29
transfer, or upon payment or redemption; 1,204
(2) Securities in replacement of which or in exchange for 1,206
which other securities have been issued; 1,207
(3) Securities for the payment, or redemption or purchase 1,209
for cancellation prior to maturity, of which sufficient moneys or 1,210
investments, in accordance with the applicable legislation or 1,211
other proceedings or any applicable law, by mandatory sinking 1,212
fund redemption requirements, mandatory sinking fund 1,213
requirements, or otherwise, have been deposited, and credited for 1,214
the purpose in a bond retirement fund or with a trustee or paying 1,215
or escrow agent, whether at or prior to their maturity or 1,216
redemption, and, in the case of securities to be redeemed prior 1,217
to their stated maturity, notice of redemption has been given or 1,218
satisfactory arrangements have been made for giving notice of 1,219
that redemption, or waiver of that notice by or on behalf of the 1,220
affected security holders has been filed with the subdivision or 1,221
its agent for the purpose. 1,222
(BB) "Paying agent" means the one or more banks, trust 1,224
companies, or other financial institutions or qualified persons, 1,225
including an appropriate office or officer of the subdivision, 1,226
designated as a paying agent or place of payment of debt charges 1,227
on the particular securities. 1,228
(CC) "Permanent improvement" or "improvement" means any 1,230
property, asset, or improvement certified by the fiscal officer, 1,231
which certification is conclusive, as having an estimated life or 1,232
period of usefulness of five years or more, and includes, but is 1,233
not limited to, real estate, buildings, and personal property and 1,234
interests in real estate, buildings, and personal property, 1,235
equipment, furnishings, and site improvements, and 1,236
reconstruction, rehabilitation, renovation, installation, 1,237
improvement, enlargement, and extension of property, assets, or 1,238
improvements so certified as having an estimated life or period 1,239
of usefulness of five years or more. The acquisition of all the 1,240
stock ownership of a corporation is the acquisition of a 1,241
30
permanent improvement to the extent that the value of that stock 1,242
is represented by permanent improvements. A permanent 1,243
improvement for parking, highway, road, and street purposes 1,244
includes resurfacing, but does not include ordinary repair. 1,245
(DD) "Person" has the same meaning as in section 1.59 of 1,247
the Revised Code and also includes any federal, state, 1,248
interstate, regional, or local governmental agency, any 1,249
subdivision, and any combination of those persons. 1,250
(EE) "Proceedings" means the legislation, certifications, 1,252
notices, orders, sale proceedings, trust agreement or indenture, 1,253
mortgage, lease, lease-purchase agreement, assignment, credit 1,254
enhancement facility agreements, and other agreements, 1,255
instruments, and documents, as amended and supplemented, and any 1,256
election proceedings, authorizing, or providing for the terms and 1,257
conditions applicable to, or providing for the security or sale 1,258
or award of, public obligations, and includes the provisions set 1,259
forth or incorporated in those public obligations and 1,260
proceedings. 1,261
(FF) "Public issuer" means any of the following that is 1,263
authorized by law to issue securities or enter into public 1,264
obligations: 1,265
(1) The state, including an agency, commission, officer, 1,267
institution, board, authority, or other instrumentality of the 1,268
state; 1,269
(2) A taxing authority, subdivision, district, or other 1,271
local public or governmental entity, and any combination or 1,272
consortium, or public division, district, commission, authority, 1,273
department, board, officer, or institution, thereof; 1,274
(3) Any other body corporate and politic, or other public 1,276
entity. 1,277
(GG) "Public obligations" means both of the following: 1,279
(1) Securities; 1,281
(2) Obligations of a public issuer to make payments under 1,283
installment sale, lease, lease purchase, or similar agreements, 1,284
31
which obligations bear interest or interest equivalent. 1,285
(HH) "Refund" means to fund and retire outstanding 1,287
securities, including advance refunding with or without payment 1,288
or redemption prior to maturity. 1,289
(II) "Register" means the books kept and maintained by the 1,291
registrar for registration, exchange, and transfer of registered 1,292
securities. 1,293
(JJ) "Registrar" means the person responsible for keeping 1,295
the register for the particular registered securities, designated 1,296
by or pursuant to the proceedings. 1,297
(KK) "Securities" means bonds, notes, certificates of 1,299
indebtedness, commercial paper, and other instruments in writing, 1,300
including, unless the context does not admit, anticipatory 1,301
securities, issued by an issuer to evidence its obligation to 1,302
repay money borrowed, or to pay interest, by, or to pay at any 1,303
future time other money obligations of, the issuer of the 1,304
securities, but not including public obligations described in 1,305
division (GG)(2) of this section. 1,306
(LL) "Self-supporting securities" means securities or 1,308
portions of securities issued for the purpose of paying costs of 1,309
permanent improvements to the extent that receipts of the 1,310
subdivision, other than the proceeds of taxes levied by that 1,311
subdivision, derived from or with respect to the improvements or 1,312
the operation of the improvements being financed, or the 1,313
enterprise, system, project, or category of improvements of which 1,314
the improvements being financed are part, are estimated by the 1,315
fiscal officer to be sufficient to pay the current expenses of 1,316
that operation or of those improvements or enterprise, system, 1,317
project, or categories of improvements and the debt charges 1,318
payable from those receipts on securities issued for the purpose. 1,319
Until such time as the improvements or increases in rates and 1,320
charges have been in operation or effect for a period of at least 1,321
six months, the receipts therefrom, for purposes of this 1,322
definition, shall be those estimated by the fiscal officer, 1,323
32
except that those receipts may include, without limitation, 1,324
payments made and to be made to the subdivision under leases or 1,325
agreements in effect at the time the estimate is made. In the 1,326
case of an operation, improvements, or enterprise, system, 1,327
project, or category of improvements without at least a six-month 1,328
history of receipts, the estimate of receipts by the fiscal 1,329
officer, other than those to be derived under leases and 1,330
agreements then in effect, shall be confirmed by the taxing 1,331
authority. 1,332
(MM) "Subdivision" means any of the following: 1,334
(1) A county, including a county that has adopted a 1,336
charter under Article X, Ohio Constitution; 1,337
(2) A municipal corporation, including a municipal 1,339
corporation that has adopted a charter under Article XVIII, Ohio 1,340
Constitution; 1,341
(3) A school district; 1,343
(4) A regional water and sewer district organized under 1,345
Chapter 6119. of the Revised Code; 1,346
(5) A joint township hospital district organized under 1,348
section 513.07 of the Revised Code; 1,349
(6) A joint ambulance district organized under section 1,351
505.71 of the Revised Code; 1,352
(7) A joint recreation district organized under division 1,354
(C) of section 755.14 of the Revised Code; 1,355
(8) A detention home FACILITY district organized under 1,357
section 2151.34 2152.41, a district organized under section 1,358
2151.65, or a combined district organized under sections 2151.34 1,360
2152.41 and 2151.65 of the Revised Code; 1,362
(9) A township police district organized under section 1,364
505.48 of the Revised Code; 1,365
(10) A township; 1,367
(11) A joint fire district organized under section 505.371 1,369
of the Revised Code; 1,370
(12) A county library district created under section 1,372
33
3375.19 or a regional library district created under section 1,373
3375.28 of the Revised Code; 1,374
(13) A joint solid waste management district organized 1,376
under section 343.01 or 343.012 of the Revised Code; 1,377
(14) A joint emergency medical services district organized 1,379
under section 307.052 of the Revised Code; 1,380
(15) A fire and ambulance district organized under section 1,382
505.375 of the Revised Code; 1,383
(16) Any other political subdivision or taxing district or 1,385
other local public body or agency authorized by this chapter or 1,386
other laws to issue Chapter 133. securities. 1,387
(NN) "Taxing authority" means in the case of the following 1,389
subdivisions: 1,390
(1) A county, a county library district, or a regional 1,392
library district, the board or boards of county commissioners, or 1,393
other legislative authority of a county that has adopted a 1,394
charter under Article X, Ohio Constitution, but with respect to 1,395
such a library district acting solely as agent for the board of 1,396
trustees of that district; 1,397
(2) A municipal corporation, the legislative authority; 1,399
(3) A school district, the board of education; 1,401
(4) A regional water and sewer district, a joint ambulance 1,403
district, a joint recreation district, a fire and ambulance 1,404
district, or a joint fire district, the board of trustees of the 1,406
district;
(5) A joint township hospital district, the joint township 1,408
hospital board; 1,409
(6) A detention home FACILITY district or a district 1,411
organized under section 2151.65 of the Revised Code, a combined 1,412
district organized under sections 2151.34 2152.41 and 2151.65 of 1,413
the Revised Code, or a joint emergency medical services district, 1,415
the joint board of county commissioners;
(7) A township or a township police district, the board of 1,417
township trustees; 1,418
34
(8) A joint solid waste management district organized 1,420
under section 343.01 or 343.012 of the Revised Code, the board of 1,421
directors of the district; 1,422
(9) A subdivision described in division (MM)(16) of this 1,424
section, the legislative or governing body or official. 1,425
(OO) "Tax limitation" means the "ten-mill limitation" as 1,427
defined in section 5705.02 of the Revised Code without diminution 1,428
by reason of section 5705.313 of the Revised Code or otherwise, 1,429
or, in the case of a municipal corporation or county with a 1,430
different charter limitation on property taxes levied to pay debt 1,431
charges on unvoted securities, that charter limitation. Those 1,432
limitations shall be respectively referred to as the "ten-mill 1,433
limitation" and the "charter tax limitation." 1,434
(PP) "Tax valuation" means the aggregate of the valuations 1,436
of property subject to ad valorem property taxation by the 1,437
subdivision on the real property, personal property, and public 1,438
utility property tax lists and duplicates most recently certified 1,439
for collection, and shall be calculated without deductions of the 1,440
valuations of otherwise taxable property exempt in whole or in 1,441
part from taxation by reason of exemptions of certain amounts of 1,442
taxable value under division (C) of section 5709.01 or section 1,443
323.152 of the Revised Code, or similar laws now or in the future 1,444
in effect. 1,445
(QQ) "Year" means the calendar year. 1,447
(RR) "Interest rate hedge" means any arrangement by which 1,449
either: 1,450
(1) The different interest costs or receipts at fixed 1,452
interest rates and at floating interest rates, or at different 1,453
maturities, are exchanged on stated amounts of bonds or 1,454
investments, or on notional amounts; 1,455
(2) A party will pay interest costs in excess of an agreed 1,457
limitation. 1,458
(SS) "Administrative agent," "agent," "commercial paper," 1,460
"floating rate interest structure," "indexing agent," "interest 1,461
35
rate period," "put arrangement," and "remarketing agent" have the 1,462
same meanings as in section 9.98 of the Revised Code. 1,463
(TT) "Sales tax supported" means obligations to the 1,466
payment of debt charges on which an additional sales tax or 1,467
additional sales taxes have been pledged by the taxing authority 1,468
of a county pursuant to section 133.081 of the Revised Code. 1,470
Sec. 181.22. There is hereby created the criminal 1,479
sentencing advisory committee. The committee shall be comprised 1,480
of the chairperson of the parole board, the director of the 1,482
office of the correctional institution inspection committee, a 1,483
juvenile detention home FACILITY operator, a provider of juvenile 1,484
probation OR COMMUNITY CONTROL services, a provider of juvenile 1,485
parole or aftercare services, a superintendent of a state 1,486
institution operated by the department of youth services, a 1,487
community-based juvenile services provider, a person who is a
member of a youth advocacy organization, a victim of a violation 1,488
of Title XXIX of the Revised Code that was committed by a 1,489
juvenile offender, a representative of community corrections 1,490
programming appointed by the governor, and any other members 1,492
appointed by the chairperson of the state criminal sentencing 1,493
commission upon the advice of the commission. The committee 1,494
shall serve as an advisory body to the state criminal sentencing 1,495
commission and to the commission's standing juvenile committee. 1,497
The members of the committee shall serve without 1,499
compensation, but each member shall be reimbursed for the 1,500
member's actual and necessary expenses incurred in the 1,501
performance of the member's official duties. 1,502
Sec. 307.02. The board of county commissioners of any 1,511
county, in addition to its other powers, may purchase, for cash 1,512
or by installment payments, enter into lease-purchase agreements, 1,513
lease with option to purchase, lease, appropriate, construct, 1,514
enlarge, improve, rebuild, equip, and furnish a courthouse, 1,515
county offices, jail, county home, juvenile court building, 1,516
detention home FACILITY, public market houses, retail store rooms 1,518
36
and offices, if located in a building acquired to house county 1,519
offices, for which store rooms or offices the board of county 1,520
commissioners may establish and collect rents or enter into 1,521
leases as provided in section 307.09 of the Revised Code, county 1,522
children's home, community mental health facility, community 1,523
mental retardation or developmental disability facility, 1,524
facilities for senior citizens, alcohol treatment and control 1,525
center, other necessary buildings, public stadiums, public 1,526
auditorium, exhibition hall, zoological park, public library 1,527
buildings, golf courses, and off-street parking facilities 1,528
determined by the board of county commissioners to be so situated 1,529
as to be useful for any of such purposes or any combination of 1,530
such purposes, for the use of which parking facilities the board 1,531
of county commissioners may establish and collect rates, charges, 1,532
or rents, and sites therefor, such real estate adjoining an 1,533
existing site as is necessary for any of such purposes, including 1,534
real estate necessary to afford light, air, protection from fire, 1,535
suitable surroundings, ingress, and egress; such copies of any 1,536
public records of such county, made or reproduced by miniature 1,537
photography or microfilm, as are necessary for the protection and 1,538
preservation of public records of such county. 1,539
The board of county commissioners of any county may lease 1,541
for a period not to exceed forty years, pursuant to a contract 1,542
providing for the construction thereof under a lease-purchase 1,543
plan, those buildings, structures, and other improvements 1,544
enumerated in the first paragraph of this section, and in 1,545
conjunction therewith, may grant leases, easements, or licenses 1,546
for lands under the control of the county for a period not to 1,547
exceed forty years. Such lease-purchase plan shall provide that 1,548
at the end of the lease period such buildings, structures, and 1,549
related improvements, together with the land on which they are 1,550
situated, shall become the property of the county without cost. 1,551
Whenever any building, structure or other improvement is to 1,553
be so leased by a county, the board of county commissioners shall 1,554
37
file in the office of the board, if the board has a full-time 1,555
clerk, or in the office of the county auditor such basic plans, 1,556
specifications, bills of materials, and estimates of cost with 1,557
sufficient detail to afford bidders all needed information, or 1,558
alternatively, shall file the following plans, details, bills of 1,559
materials, and specifications: 1,560
(A) Full and accurate plans, suitable for the use of 1,562
mechanics and other builders in such construction, improvement, 1,563
addition, alteration, or installation; 1,564
(B) Details to scale and full sized, so drawn and 1,566
represented as to be easily understood; 1,567
(C) Accurate bills showing the exact quantity of different 1,569
kinds of material necessary to the construction; 1,570
(D) Definite and complete specifications of the work to be 1,572
performed, together with such directions as will enable a 1,573
competent mechanic or other builder to carry them out and afford 1,574
bidders all needed information; 1,575
(E) A full and accurate estimate of each item of expense 1,577
and of the aggregate cost thereof. 1,578
The board of county commissioners shall invite bids in the 1,580
manner prescribed in sections 307.86 to 307.92 of the Revised 1,581
Code. Such bids shall contain the terms upon which the builder 1,582
would propose to lease the building, structure, or other 1,583
improvement to the county. The form of the bid approved by the 1,584
board of county commissioners shall be used and a bid shall be 1,585
invalid and not considered unless such form is used without 1,586
change, alteration, or addition. 1,587
Before submitting bids pursuant to this section, any 1,589
builder shall have complied with sections 153.50 to 153.52 of the 1,590
Revised Code. 1,591
On the day and at the place named for receiving bids for 1,593
entering into lease agreements with the county, the board of 1,594
county commissioners shall open the bids, and shall publicly 1,595
proceed immediately to tabulate the bids. No such lease 1,596
38
agreement shall be entered into until the bureau of workers' 1,597
compensation has certified that the corporation, partnership, or 1,598
person to be awarded the lease agreement has complied with 1,599
Chapter 4123. of the Revised Code, and until, if the builder 1,600
submitting the lowest and best bid is a foreign corporation, the 1,601
secretary of state has certified that such corporation is 1,602
authorized to do business in this state, and until, if the 1,603
builder submitting the lowest and best bid is a person or 1,604
partnership nonresident of this state, such person or partnership 1,605
has filed with the secretary of state a power of attorney 1,606
designating the secretary of state as its agent for the purpose 1,607
of accepting service of summons in any action brought under 1,608
Chapter 4123. of the Revised Code, and until the agreement is 1,609
submitted to the county prosecutor and his THE COUNTY 1,610
PROSECUTOR'S approval certified thereon. Within thirty days 1,611
after the day on which the bids are received, the board of county 1,612
commissioners shall investigate the bids received and shall 1,613
determine that the bureau and the secretary of state have made 1,614
the certifications required by this section of the builder who 1,615
has submitted the lowest and best bid. Within ten days of the 1,616
completion of the investigation of the bids the board of county 1,617
commissioners may award the lease agreement to the builder who 1,618
has submitted the lowest and best bid and who has been certified 1,619
by the bureau and secretary of state as required by this section. 1,620
If bidding for the lease agreement has been conducted upon the 1,621
basis of basic plans, specifications, bills of materials, and 1,622
estimates of costs, upon the award to the builder, the board of 1,623
county commissioners, or the builder with the approval of the 1,624
board of county commissioners, shall appoint an architect or 1,625
engineer licensed in Ohio to prepare such further detailed plans, 1,626
specifications, and bills of materials as are required to 1,627
construct the buildings, structures, and other improvements 1,628
enumerated in the first paragraph of this section. The board of 1,629
county commissioners may reject any bid. Where there is reason 1,630
39
to believe there is collusion or combination among the bidders, 1,631
the bids of those concerned therein shall be rejected. 1,632
Sec. 307.022. (A) The board of county commissioners of 1,641
any county may do both of the following without following the 1,642
competitive bidding requirements of section 307.86 of the Revised 1,643
Code: 1,644
(1) Enter into a lease, including a lease with an option 1,646
to purchase, of correctional facilities for a term not in excess 1,647
of forty years. Before entering into the lease, the board shall 1,648
publish, once a week for three consecutive weeks in a newspaper 1,649
of general circulation in the county, a notice that the board is 1,650
accepting proposals for a lease pursuant to this division. The 1,651
notice shall state the date before which the proposals are 1,652
required to be submitted in order to be considered by the board. 1,653
(2) Subject to compliance with this section, grant leases, 1,655
easements, and licenses with respect to, or sell, real property 1,656
owned by the county if the real property is to be leased back by 1,657
the county for use as correctional facilities. 1,658
The lease under division (A)(1) of this section shall 1,660
require the county to contract, in accordance with Chapter 153., 1,661
sections 307.86 to 307.92, and Chapter 4115. of the Revised Code, 1,662
for the construction, improvement, furnishing, and equipping of 1,663
correctional facilities to be leased pursuant to this section. 1,664
Prior to the board's execution of the lease, it may require the 1,665
lessor under the lease to cause sufficient money to be made 1,666
available to the county to enable the county to comply with the 1,667
certification requirements of division (D) of section 5705.41 of 1,668
the Revised Code. 1,669
A lease entered into pursuant to division (A)(1) of this 1,671
section by a board may provide for the county to maintain and 1,672
repair the correctional facility during the term of the 1,673
leasehold, may provide for the county to make rental payments 1,674
prior to or after occupation of the correctional facilities by 1,675
the county, and may provide for the board to obtain and maintain 1,676
40
any insurance that the lessor may require, including, but not 1,677
limited to, public liability, casualty, builder's risk, and 1,678
business interruption insurance. The obligations incurred under 1,679
a lease entered into pursuant to division (A)(1) of this section 1,680
shall not be considered to be within the debt limitations of 1,681
section 133.07 of the Revised Code. 1,682
(B) The correctional facilities leased under division 1,684
(A)(1) of this section may include any or all of the following: 1,685
(1) Facilities in which one or more other governmental 1,687
entities are participating or in which other facilities of the 1,688
county are included; 1,689
(2) Facilities acquired, constructed, renovated, or 1,691
financed by the Ohio building authority and leased to the county 1,692
pursuant to section 307.021 of the Revised Code; 1,693
(3) Correctional facilities that are under construction or 1,695
have been completed and for which no permanent financing has been 1,696
arranged. 1,697
(C) As used in this section: 1,699
(1) "Correctional facilities" includes, but is not limited 1,701
to, jails, detention homes FACILITIES, workhouses, 1,702
community-based correctional facilities, and family court 1,704
centers.
(2) "Construction" has the same meaning as in division (B) 1,706
of section 4115.03 of the Revised Code. 1,707
Sec. 329.05. The county department of job and family 1,716
services may administer or assist in administering any state or 1,718
local family services activity in addition to those mentioned in 1,721
section 329.04 of the Revised Code, supported wholly or in part 1,722
by public funds from any source provided by agreement between the 1,723
board of county commissioners and the officer, department, board, 1,724
or agency in which the administration of such activity is vested. 1,725
Such officer, department, board, or agency may enter into such 1,726
agreement and confer upon the county department of job and family 1,728
services, to the extent and in particulars specified in the 1,729
41
agreement, the performance of any duties and the exercise of any 1,730
powers imposed upon or vested in such officer, board, department, 1,731
or agency, with respect to the administration of such activity. 1,732
Such agreement shall be in the form of a resolution of the board 1,733
of county commissioners, accepted in writing by the other party 1,734
to the agreement, and filed in the office of the county auditor, 1,735
and when so filed, shall have the effect of transferring the 1,736
exercise of the powers and duties to which the agreement relates 1,737
and shall exempt the other party from all further responsibility 1,738
for the exercise of the powers and duties so transferred, during 1,739
the life of the agreement. 1,740
Such agreement shall be coordinated and not conflict with a 1,742
partnership agreement entered into under section 307.98, a 1,743
contract entered into under section 307.981 or 307.982, a plan of 1,744
cooperation entered into under section 307.983, a regional plan 1,746
of cooperation entered into under section 307.984, a 1,747
transportation work plan developed under section 307.985, or 1,749
procedures for providing services to children whose families 1,751
relocate frequently established under section 307.986 of the 1,752
Revised Code. It may be revoked at the option of either party, 1,754
by a resolution or order of the revoking party filed in the 1,755
office of the auditor. Such revocation shall become effective at 1,756
the end of the fiscal year occurring at least six months 1,757
following the filing of the resolution or order. In the absence 1,758
of such an express revocation so filed, the agreement shall 1,759
continue indefinitely.
This section does not permit a county department of job and 1,761
family services to manage or control hospitals, humane societies, 1,763
detention homes FACILITIES, jails or probation departments of 1,766
courts, or veterans service commissions.
Sec. 2151.01. The sections in Chapter 2151. of the Revised 1,775
Code, with the exception of those sections providing for the 1,776
criminal prosecution of adults, shall be liberally interpreted 1,777
and construed so as to effectuate the following purposes: 1,778
42
(A) To provide for the care, protection, and mental and 1,780
physical development of children subject to Chapter 2151. of the 1,781
Revised Code; 1,782
(B) To protect the public interest in removing the 1,784
consequences of criminal behavior and the taint of criminality 1,785
from children committing delinquent acts and to substitute 1,786
therefor a program of supervision, care, and rehabilitation; 1,787
(C) To achieve the foregoing purposes, whenever possible, 1,789
in a family environment, separating the child from its THE 1,790
CHILD'S parents only when necessary for his THE CHILD'S welfare 1,792
or in the interests of public safety; 1,794
(D)(B) To provide judicial procedures through which 1,796
Chapter CHAPTERS 2151. AND 2152. of the Revised Code is ARE 1,798
executed and enforced, and in which the parties are assured of a 1,800
fair hearing, and their constitutional and other legal rights are 1,801
recognized and enforced. 1,802
Sec. 2151.011. (A) As used in the Revised Code: 1,813
(1) "Juvenile court" means the WHICHEVER OF THE FOLLOWING 1,815
IS APPLICABLE THAT HAS JURISDICTION UNDER THIS CHAPTER AND 1,817
CHAPTER 2152. OF THE REVISED CODE: 1,818
(a) THE division of the court of common pleas or a 1,821
SPECIFIED IN SECTION 2101.022 OR 2301.03 OF THE REVISED CODE AS 1,822
HAVING JURISDICTION UNDER THIS CHAPTER AND CHAPTER 2152. OF THE 1,824
REVISED CODE OR AS BEING THE JUVENILE DIVISION OR THE JUVENILE 1,825
DIVISION COMBINED WITH ONE OR MORE OTHER DIVISIONS; 1,826
(b) THE juvenile court OF CUYAHOGA COUNTY OR HAMILTON 1,829
COUNTY THAT IS separately and independently created having BY 1,830
SECTION 2151.08 OR CHAPTER 2153. OF THE REVISED CODE AND THAT HAS 1,831
jurisdiction under this chapter AND CHAPTER 2152. OF THE REVISED 1,832
CODE; 1,833
(c) IF DIVISION (A)(1)(a) OR (b) OF THIS SECTION DOES NOT 1,836
APPLY, THE PROBATE DIVISION OF THE COURT OF COMMON PLEAS. 1,837
(2) "Juvenile judge" means a judge of a court having 1,839
jurisdiction under this chapter. 1,840
43
(3) "Private child placing agency" means any association, 1,842
as defined in section 5103.02 of the Revised Code, that is 1,843
certified under section 5103.03 of the Revised Code to accept 1,846
temporary, permanent, or legal custody of children and place the 1,847
children for either foster care or adoption.
(4) "Private noncustodial agency" means any person, 1,849
organization, association, or society certified by the department 1,850
of job and family services that does not accept temporary or 1,852
permanent legal custody of children, that is privately operated 1,853
in this state, and that does one or more of the following: 1,854
(a) Receives and cares for children for two or more 1,856
consecutive weeks; 1,857
(b) Participates in the placement of children in certified 1,860
foster homes; 1,861
(c) Provides adoption services in conjunction with a 1,863
public children services agency or private child placing agency. 1,864
(B) As used in this chapter: 1,866
(1) "Adequate parental care" means the provision by a 1,868
child's parent or parents, guardian, or custodian of adequate 1,869
food, clothing, and shelter to ensure the child's health and 1,870
physical safety and the provision by a child's parent or parents 1,871
of specialized services warranted by the child's physical or 1,872
mental needs. 1,873
(2) "Adult" means an individual who is eighteen years of 1,875
age or older. 1,876
(3) "Agreement for temporary custody" means a voluntary 1,878
agreement authorized by section 5103.15 of the Revised Code that 1,880
transfers the temporary custody of a child to a public children 1,881
services agency or a private child placing agency. 1,882
(4) "Certified foster home" means a foster home, as 1,885
defined in section 5103.02 of the Revised Code, certified under 1,886
section 5103.03 of the Revised Code. 1,887
(5)(a) "Child" means a person who is under eighteen years 1,890
of age, except as otherwise provided in divisions (B)(5)(b) to 1,891
44
(f) of this section. 1,892
(b) Subject to division (B)(5)(c) of this section, THAT 1,895
THE JUVENILE COURT HAS JURISDICTION OVER any person who violates 1,896
a federal or state law or municipal ordinance IS ADJUDICATED AN 1,897
UNRULY CHILD prior to attaining eighteen years of age UNTIL THE 1,898
PERSON ATTAINS TWENTY-ONE YEARS OF AGE, AND, FOR PURPOSES OF THAT 1,900
JURISDICTION RELATED TO THAT ADJUDICATION, A PERSON WHO IS SO
ADJUDICATED AN UNRULY CHILD shall be deemed a "child" 1,903
irrespective of that person's age at the time the complaint is
filed or the hearing on the complaint is held UNTIL THE PERSON 1,905
ATTAINS TWENTY-ONE YEARS OF AGE. 1,906
(c) Any person who, while under eighteen years of age, 1,909
commits an act that would be a felony if committed by an adult 1,910
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 1,911
child in relation to that act. 1,912
(d) Any person whose case is transferred for criminal 1,914
prosecution pursuant to division (B) or (C) of section 2151.26 of 1,915
the Revised Code shall after the transfer be deemed not to be a 1,916
child in the transferred case. 1,917
(e) Subject to division (B)(5)(f) of this section, any 1,920
person whose case is transferred for criminal prosecution 1,921
pursuant to division (B) or (C) of section 2151.26 of the Revised 1,922
Code and who subsequently is convicted of or pleads guilty to a 1,923
felony in that case shall after the transfer be deemed not to be 1,925
a child in any case in which the person is alleged to have 1,927
committed prior to or subsequent to the transfer an act that 1,929
would be an offense if committed by an adult. Division (B)(5)(e) 1,930
of this section applies to a case regardless of whether the prior 1,933
or subsequent act that is alleged in the case and that would be
an offense if committed by an adult allegedly was committed in 1,934
the same county in which the case was transferred or in another 1,936
county and regardless of whether the complaint in the case 1,937
involved was filed in the same county in which the case was 1,938
45
transferred or in another county. Division (B)(5)(e) of this 1,939
section applies to a case that involves an act committed prior to 1,940
the transfer only when the prior act alleged in the case has not 1,941
been disposed of by a juvenile court or trial court. 1,942
(f) Notwithstanding division (B)(5)(e) of this section, if 1,945
a person's case is transferred for criminal prosecution pursuant 1,946
to division (B) or (C) of section 2151.26 of the Revised Code and 1,947
if the person subsequently is convicted of or pleads guilty to a 1,948
felony in that case, thereafter, the person shall be considered a 1,949
child solely for the following purposes in relation to any act
the person subsequently commits that would be an offense if 1,950
committed by an adult: 1,951
(i) For purposes of the filing of a complaint alleging 1,953
that the child is a delinquent child for committing the act that 1,954
would be an offense if committed by an adult; 1,955
(ii) For purposes of the juvenile court conducting a 1,957
hearing under division (B) of section 2151.26 of the Revised Code 1,959
relative to the complaint described in division (B)(5)(f)(i) of 1,960
this section to determine whether division (B)(1) of section 1,961
2151.26 of the Revised Code applies and requires that the case be 1,963
transferred for criminal prosecution to the appropriate court 1,964
having jurisdiction of the offense.
(6) "Child day camp," "child day-care," "child day-care 1,966
center," "part-time child day-care center," "type A family 1,969
day-care home," "certified type B family day-care home," "type B 1,970
home," "administrator of a child day-care center," "administrator 1,972
of a type A family day-care home," "in-home aide," and 1,973
"authorized provider" have the same meanings as in section 1,974
5104.01 of the Revised Code.
(7) "Child day-care provider" means an individual who is a 1,977
child-care staff member or administrator of a child day-care
center, a type A family day-care home, or a type B family 1,978
day-care home, or an in-home aide or an individual who is 1,979
licensed, is regulated, is approved, operates under the direction 1,980
46
of, or otherwise is certified by the department of job and family 1,982
services, department of mental retardation and developmental 1,983
disabilities, or the early childhood programs of the department 1,984
of education. 1,985
(8) "Chronic truant" means any child of compulsory school 1,987
age who is absent without legitimate excuse for absence from the 1,988
public school the child is supposed to attend for seven or more 1,989
consecutive school days, ten or more school days in one school 1,990
month, or fifteen or more school days in a school year HAS THE 1,991
SAME MEANING AS IN SECTION 2152.02 OF THE REVISED CODE. 1,992
(10)(8)(9) "Commit" means to vest custody as ordered by 1,994
the court. 1,995
(11)(9)(10) "Counseling" includes both of the following: 1,997
(a) General counseling services performed by a public 2,000
children services agency or shelter for victims of domestic 2,001
violence to assist a child, a child's parents, and a child's 2,002
siblings in alleviating identified problems that may cause or 2,004
have caused the child to be an abused, neglected, or dependent 2,005
child.
(b) Psychiatric or psychological therapeutic counseling 2,008
services provided to correct or alleviate any mental or emotional 2,010
illness or disorder and performed by a licensed psychiatrist,
licensed psychologist, or a person licensed under Chapter 4757. 2,012
of the Revised Code to engage in social work or professional 2,013
counseling.
(12)(10)(11) "Custodian" means a person who has legal 2,015
custody of a child or a public children services agency or 2,018
private child placing agency that has permanent, temporary, or 2,019
legal custody of a child. 2,020
(13)(11)(12) "DELINQUENT CHILD" HAS THE SAME MEANING AS IN 2,022
SECTION 2152.02 OF THE REVISED CODE. 2,023
(13) "Detention" means the temporary care of children 2,025
pending court adjudication or disposition, or execution of a 2,026
court order, in a public or private facility designed to 2,027
47
physically restrict the movement and activities of children. 2,028
(14)(12) "Developmental disability" has the same meaning 2,030
as in section 5123.01 of the Revised Code. 2,031
(16)(13)(15) "FOSTER caregiver" has the same meaning as in 2,034
section 5103.02 of the Revised Code. 2,036
(17)(13)(14)(16) "Guardian" means a person, association, 2,038
or corporation that is granted authority by a probate court 2,039
pursuant to Chapter 2111. of the Revised Code to exercise 2,040
parental rights over a child to the extent provided in the 2,041
court's order and subject to the residual parental rights of the 2,042
child's parents.
(18)(17) "Habitual truant" means any child of compulsory 2,044
school age who is absent without legitimate excuse for absence 2,046
from the public school the child is supposed to attend for five 2,048
or more consecutive school days, seven or more school days in one 2,049
school month, or twelve or more school days in a school year. 2,050
(19)(14)(15)(18) "JUVENILE TRAFFIC OFFENDER" HAS THE SAME 2,052
MEANING AS IN SECTION 2152.02 OF THE REVISED CODE. 2,053
(19) "Legal custody" means a legal status that vests in 2,056
the custodian the right to have physical care and control of the 2,057
child and to determine where and with whom the child shall live, 2,058
and the right and duty to protect, train, and discipline the 2,060
child and to provide the child with food, shelter, education, and 2,061
medical care, all subject to any residual parental rights, 2,063
privileges, and responsibilities. An individual granted legal 2,064
custody shall exercise the rights and responsibilities personally 2,065
unless otherwise authorized by any section of the Revised Code or 2,066
by the court. 2,067
(20) A "legitimate excuse for absence from the public 2,069
school the child is supposed to attend" includes, but is not 2,071
limited to, any of the following: 2,072
(a) The fact that the child in question has enrolled in 2,074
and is attending another public or nonpublic school in this or 2,075
another state; 2,076
48
(b) The fact that the child in question is excused from 2,078
attendance at school for any of the reasons specified in section 2,079
3321.04 of the Revised Code; 2,080
(c) The fact that the child in question has received an 2,082
age and schooling certificate in accordance with section 3331.01 2,083
of the Revised Code. 2,084
(21)(15)(16) "Mental illness" and "mentally ill person 2,086
subject to hospitalization by court order" have the same meanings 2,089
as in section 5122.01 of the Revised Code. 2,090
(22)(16)(17) "Mental injury" means any behavioral, 2,092
cognitive, emotional, or mental disorder in a child caused by an 2,094
act or omission that is described in section 2919.22 of the 2,095
Revised Code and is committed by the parent or other person 2,096
responsible for the child's care. 2,097
(23)(17)(18) "Mentally retarded person" has the same 2,099
meaning as in section 5123.01 of the Revised Code. 2,102
(24)(18)(19) "Nonsecure care, supervision, or training" 2,104
means care, supervision, or training of a child in a facility 2,106
that does not confine or prevent movement of the child within the 2,107
facility or from the facility. 2,108
(25) "Of compulsory school age" has the same meaning as in 2,111
section 3321.01 of the Revised Code. 2,112
(26)(19)(20) "Organization" means any institution, public, 2,115
semipublic, or private, and any private association, society, or 2,116
agency located or operating in the state, incorporated or 2,117
unincorporated, having among its functions the furnishing of 2,118
protective services or care for children, or the placement of 2,119
children in certified foster homes or elsewhere. 2,120
(27)(20)(21) "Out-of-home care" means detention 2,122
facilities, shelter facilities, certified foster homes, placement 2,125
in a prospective adoptive home prior to the issuance of a final 2,126
decree of adoption, organizations, certified organizations, child 2,127
day-care centers, type A family day-care homes, child day-care 2,128
provided by type B family day-care home providers and by in-home 2,129
49
aides, group home providers, group homes, institutions, state 2,130
institutions, residential facilities, residential care 2,131
facilities, residential camps, day camps, hospitals, and medical 2,132
clinics that are responsible for the care, physical custody, or 2,133
control of children.
(28)(21)(22) "Out-of-home care child abuse" means any of 2,135
the following when committed by a person responsible for the care 2,137
of a child in out-of-home care: 2,138
(a) Engaging in sexual activity with a child in the 2,140
person's care; 2,141
(b) Denial to a child, as a means of punishment, of proper 2,143
or necessary subsistence, education, medical care, or other care 2,144
necessary for a child's health; 2,145
(c) Use of restraint procedures on a child that cause 2,147
injury or pain; 2,148
(d) Administration of prescription drugs or psychotropic 2,150
medication to the child without the written approval and ongoing 2,151
supervision of a licensed physician; 2,152
(e) Commission of any act, other than by accidental means, 2,154
that results in any injury to or death of the child in 2,155
out-of-home care or commission of any act by accidental means 2,156
that results in an injury to or death of a child in out-of-home 2,157
care and that is at variance with the history given of the injury 2,158
or death.
(29)(22)(23) "Out-of-home care child neglect" means any of 2,161
the following when committed by a person responsible for the care 2,162
of a child in out-of-home care: 2,163
(a) Failure to provide reasonable supervision according to 2,165
the standards of care appropriate to the age, mental and physical 2,166
condition, or other special needs of the child; 2,167
(b) Failure to provide reasonable supervision according to 2,169
the standards of care appropriate to the age, mental and physical 2,170
condition, or other special needs of the child, that results in 2,171
sexual or physical abuse of the child by any person; 2,172
50
(c) Failure to develop a process for all of the following: 2,174
(i) Administration of prescription drugs or psychotropic 2,176
drugs for the child; 2,177
(ii) Assuring that the instructions of the licensed 2,179
physician who prescribed a drug for the child are followed; 2,180
(iii) Reporting to the licensed physician who prescribed 2,182
the drug all unfavorable or dangerous side effects from the use 2,183
of the drug. 2,184
(d) Failure to provide proper or necessary subsistence, 2,186
education, medical care, or other individualized care necessary 2,187
for the health or well-being of the child; 2,188
(e) Confinement of the child to a locked room without 2,190
monitoring by staff; 2,191
(f) Failure to provide ongoing security for all 2,193
prescription and nonprescription medication; 2,194
(g) Isolation of a child for a period of time when there 2,196
is substantial risk that the isolation, if continued, will impair 2,197
or retard the mental health or physical well-being of the child. 2,198
(30)(23)(24) "Permanent custody" means a legal status that 2,201
vests in a public children services agency or a private child 2,202
placing agency, all parental rights, duties, and obligations, 2,203
including the right to consent to adoption, and divests the 2,204
natural parents or adoptive parents of all parental rights, 2,205
privileges, and obligations, including all residual rights and 2,206
obligations.
(31)(32)(24)(25) "Permanent surrender" means the act of 2,208
the parents or, if a child has only one parent, of the parent of 2,211
a child, by a voluntary agreement authorized by section 5103.15 2,212
of the Revised Code, to transfer the permanent custody of the 2,213
child to a public children services agency or a private child 2,214
placing agency. 2,215
(33)(25)(26)(32) "Person responsible for a child's care in 2,217
out-of-home care" means any of the following: 2,219
(a) Any foster caregiver, in-home aide, or provider; 2,221
51
(b) Any administrator, employee, or agent of any of the 2,223
following: a public or private detention facility; shelter 2,224
facility; organization; certified organization; child day-care 2,225
center; type A family day-care home; certified type B family 2,226
day-care home; group home; institution; state institution; 2,227
residential facility; residential care facility; residential 2,228
camp; day camp; hospital; or medical clinic; 2,229
(c) Any other person who performs a similar function with 2,231
respect to, or has a similar relationship to, children. 2,232
(34)(26)(27)(33) "Physically impaired" means having one or 2,234
more of the following conditions that substantially limit one or 2,236
more of an individual's major life activities, including 2,237
self-care, receptive and expressive language, learning, mobility, 2,238
and self-direction:
(a) A substantial impairment of vision, speech, or 2,240
hearing;
(b) A congenital orthopedic impairment; 2,242
(c) An orthopedic impairment caused by disease, rheumatic 2,245
fever or any other similar chronic or acute health problem, or 2,246
amputation or another similar cause.
(35)(27)(28)(34) "Placement for adoption" means the 2,248
arrangement by a public children services agency or a private 2,250
child placing agency with a person for the care and adoption by 2,251
that person of a child of whom the agency has permanent custody. 2,252
(36)(28)(29)(35) "Placement in foster care" means the 2,254
arrangement by a public children services agency or a private 2,255
child placing agency for the out-of-home care of a child of whom 2,256
the agency has temporary custody or permanent custody. 2,257
(37)(29)(30)(36) "Planned permanent living arrangement" 2,259
means an order of a juvenile court pursuant to which both of the 2,261
following apply:
(a) The court gives legal custody of a child to a public 2,263
children services agency or a private child placing agency 2,264
without the termination of parental rights. 2,265
52
(b) The order permits the agency to make an appropriate 2,267
placement of the child and to enter into a written agreement with 2,270
a foster care provider or with another person or agency with whom 2,271
the child is placed.
(30)(31)(37) "Practice of social work" and "practice of 2,273
professional counseling" have the same meanings as in section 2,275
4757.01 of the Revised Code. 2,276
(38)(31)(32) "Probation SANCTION, SERVICE, OR CONDITION" 2,278
means a legal status SANCTION, SERVICE, OR CONDITION created by 2,279
court order following an adjudication that a child is a 2,281
delinquent child, a juvenile traffic offender, or an unruly 2,282
child, whereby the child is permitted to remain in the parent's, 2,283
guardian's, or custodian's home subject to supervision, or under 2,284
the supervision of any agency designated by the court and 2,285
returned to the court for violation of probation at any time 2,286
during the period of probation THAT IS DESCRIBED IN DIVISION 2,287
(A)(3) OF SECTION 2152.19 OF THE REVISED CODE. 2,288
(39)(32)(33) "Protective supervision" means an order of 2,290
disposition pursuant to which the court permits an abused, 2,291
neglected, dependent, OR unruly, or delinquent child or a 2,292
juvenile traffic offender to remain in the custody of the child's 2,294
parents, guardian, or custodian and stay in the child's home, 2,295
subject to any conditions and limitations upon the child, the 2,296
child's parents, guardian, or custodian, or any other person that 2,299
the court prescribes, including supervision as directed by the 2,300
court for the protection of the child. 2,301
(40)(33)(34) "Psychiatrist" has the same meaning as in 2,303
section 5122.01 of the Revised Code. 2,305
(41)(34)(35) "Psychologist" has the same meaning as in 2,307
section 4732.01 of the Revised Code. 2,309
(42)(35)(36) "Residential camp" means a program in which 2,311
the care, physical custody, or control of children is accepted 2,315
overnight for recreational or recreational and educational 2,316
purposes.
53
(43)(36)(37) "Residential care facility" means an 2,318
institution, residence, or facility that is licensed by the 2,320
department of mental health under section 5119.22 of the Revised 2,321
Code and that provides care for a child. 2,322
(44)(37)(38) "Residential facility" means a home or 2,324
facility that is licensed by the department of mental retardation 2,326
and developmental disabilities under section 5123.19 of the 2,327
Revised Code and in which a child with a developmental disability 2,328
resides. 2,329
(45)(38)(39) "Residual parental rights, privileges, and 2,331
responsibilities" means those rights, privileges, and 2,332
responsibilities remaining with the natural parent after the 2,333
transfer of legal custody of the child, including, but not 2,334
necessarily limited to, the privilege of reasonable visitation, 2,335
consent to adoption, the privilege to determine the child's 2,336
religious affiliation, and the responsibility for support. 2,337
(46) "School day" means the school day established by the 2,340
state board of education pursuant to section 3313.48 of the 2,341
Revised Code. 2,342
(47) "School month" and "school year" have the same 2,344
meanings as in section 3313.62 of the Revised Code. 2,346
(48)(39)(40) "Secure correctional facility" means a 2,348
facility under the direction of the department of youth services 2,350
that is designed to physically restrict the movement and 2,351
activities of children and used for the placement of children 2,352
after adjudication and disposition.
(49)(40)(41) "Sexual activity" has the same meaning as in 2,354
section 2907.01 of the Revised Code. 2,356
(50)(41)(42) "Shelter" means the temporary care of 2,358
children in physically unrestricted facilities pending court 2,360
adjudication or disposition. 2,361
(51)(42)(43) "Shelter for victims of domestic violence" 2,363
has the same meaning as in section 3113.33 of the Revised Code. 2,365
(52)(43)(44) "Temporary custody" means legal custody of a 2,367
54
child who is removed from the child's home, which custody may be 2,369
terminated at any time at the discretion of the court or, if the 2,371
legal custody is granted in an agreement for temporary custody, 2,372
by the person who executed the agreement. 2,373
(C) For the purposes of this chapter, a child shall be 2,375
presumed abandoned when the parents of the child have failed to 2,376
visit or maintain contact with the child for more than ninety 2,377
days, regardless of whether the parents resume contact with the 2,378
child after that period of ninety days. 2,379
Sec. 2151.022. As used in this chapter, "unruly child" 2,388
includes any of the following: 2,389
(A) Any child who does not subject the child's self SUBMIT 2,391
to the reasonable control of the child's parents, teachers, 2,393
guardian, or custodian, by reason of being wayward or habitually 2,395
disobedient;
(B) Any child who is persistently truant from home; 2,397
(C) Any child who is an habitual truant from school and 2,399
who previously has not been adjudicated an unruly child for being 2,401
an habitual truant;
(D)(C) Any child who so deports the child's self BEHAVES 2,404
IN A MANNER as to injure or endanger the child's own health or 2,405
morals or the health or morals of others; 2,406
(E) Any child who attempts to enter the marriage relation 2,408
in any state without the consent of the child's parents, 2,409
custodian, or legal guardian or other legal authority; 2,411
(F) Any child who is found in a disreputable place, visits 2,413
or patronizes a place prohibited by law, or associates with 2,415
vagrant, vicious, criminal, notorious, or immoral persons; 2,416
(G) Any child who engages in an occupation prohibited by 2,418
law or is in a situation dangerous to life or limb or injurious 2,420
to the child's own health or morals or the health or morals of 2,422
others;
(H)(D) Any child who violates a law, other than division 2,424
(A) of section 2923.211 of the Revised Code, that is applicable 2,426
55
only to a child.
Sec. 2151.07. The juvenile court is a court of record and 2,435
within the division of domestic relations or probate of the court 2,437
of common pleas, except that the juvenile courts of Cuyahoga 2,439
county and Hamilton county shall be separate divisions of WITHIN 2,440
the court of common pleas. The juvenile court has and shall 2,442
exercise the powers and jurisdiction conferred in sections 2,443
2151.01 to 2151.99 CHAPTERS 2151. AND 2152. of the Revised Code. 2,445
Whenever the juvenile judge of the juvenile court IS SICK, 2,447
is absent from the county, or is unable to attend court, or the 2,448
volume of cases pending in court necessitates it, upon the 2,449
request of said THE ADMINISTRATIVE JUVENILE judge, the presiding 2,451
judge of the court of common pleas PURSUANT TO DIVISION (AA) OF 2,452
SECTION 2301.03 OF THE REVISED CODE shall assign a judge OF ANY 2,453
DIVISION of the court of common pleas of the county to act in his 2,455
THE JUVENILE JUDGE'S place or in conjunction with him THE 2,456
JUVENILE JUDGE. If no such judge OF THE COURT OF COMMON PLEAS is 2,457
available for said THAT purpose, the chief justice of the supreme 2,459
court shall assign a judge of the court of common pleas, a 2,460
juvenile judge, or a probate judge from some other A DIFFERENT 2,461
county to act in the place of such THAT JUVENILE judge or in 2,463
conjunction with him, who THAT JUVENILE JUDGE. THE ASSIGNED 2,466
JUDGE shall receive such THE compensation and expenses for his 2,467
services as SO SERVING THAT is provided by law for judges 2,470
assigned to hold court in courts of common pleas. 2,471
Sec. 2151.08. In Hamilton county, the powers and 2,480
jurisdiction of the juvenile court as conferred by Chapter 2,482
CHAPTERS 2151. AND 2152. of the Revised Code shall be exercised 2,483
by that THE judge of the court of common pleas whose term begins 2,484
on January 1, 1957, and his THAT JUDGE'S successors and that BY 2,486
THE judge of the court of common pleas whose term begins on 2,490
February 14, 1967, and his THAT JUDGE'S successors as provided by 2,491
section 2301.03 of the Revised Code. This conferral of powers 2,492
and jurisdiction on such THE SPECIFIED judges shall be deemed a 2,494
56
creation of a separately and independently created and
established juvenile court in Hamilton county, Ohio. Such THE 2,495
SPECIFIED judges shall serve in each and every position where the 2,497
statutes permit or require a juvenile judge to serve. 2,498
Sec. 2151.10. The juvenile judge shall annually submit a 2,507
written request for an appropriation to the board of county 2,508
commissioners that shall set forth estimated administrative 2,509
expenses of the juvenile court that the judge considers 2,510
reasonably necessary for the operation of the court, including 2,511
reasonably necessary expenses of the judge and such officers and 2,512
employees as the judge may designate in attending conferences at 2,514
which juvenile or welfare problems are discussed, and such sum 2,515
each year as will provide for the maintenance and operation of 2,516
the detention home FACILITY, the care, maintenance, education, 2,517
and support of neglected, abused, dependent, and delinquent 2,519
children, other than children eligible to participate in the Ohio 2,521
works first program established under Chapter 5107. of the 2,522
Revised Code, and for necessary orthopedic, surgical, and medical 2,523
treatment, and special care as may be ordered by the court for 2,524
any neglected, abused, dependent, or delinquent children. The 2,525
board shall conduct a public hearing with respect to the written 2,526
request submitted by the judge and shall appropriate such sum of 2,527
money each year as it determines, after conducting the public 2,528
hearing and considering the written request of the judge, is 2,529
reasonably necessary to meet all the administrative expenses of 2,530
the court. All disbursements from such appropriations shall be 2,531
upon specifically itemized vouchers, certified to by the judge. 2,532
If the judge considers the appropriation made by the board 2,534
pursuant to this section insufficient to meet all the 2,535
administrative expenses of the court, the judge shall commence an 2,537
action under Chapter 2731. of the Revised Code in the court of 2,538
appeals for the judicial district for a determination of the duty 2,539
of the board of county commissioners to appropriate the amount of 2,540
money in dispute. The court of appeals shall give priority to 2,541
57
the action filed by the juvenile judge over all cases pending on 2,542
its docket. The burden shall be on the juvenile judge to prove 2,543
that the appropriation requested is reasonably necessary to meet 2,544
all administrative expenses of the court. If, prior to the 2,545
filing of an action under Chapter 2731. of the Revised Code or 2,546
during the pendency of the action, the judge exercises the 2,547
judge's contempt power in order to obtain the sum of money in 2,549
dispute, the judge shall not order the imprisonment of any member 2,551
of the board of county commissioners notwithstanding sections 2,552
2705.02 to 2705.06 of the Revised Code. 2,553
Sec. 2151.12. (A) Except as otherwise provided in this 2,563
division, whenever a court of common pleas, division of domestic 2,564
relations, exercises the powers and jurisdictions conferred in 2,565
Chapter CHAPTERS 2151. AND 2152. of the Revised Code, the judge 2,567
or judges of that division or, if applicable, the judge of that
division who specifically is designated by section 2301.03 of the 2,568
Revised Code as being responsible for administering sections 2,570
2151.13, 2151.16, 2151.17, and 2151.18, AND 2152.71 of the 2,572
Revised Code shall be the clerk of the court for all records 2,574
filed with the court pursuant to Chapter 2151. OR 2152. of the 2,575
Revised Code or pursuant to any other section of the Revised Code 2,576
that requires documents to be filed with a juvenile judge or a 2,577
juvenile court. If, in a division of domestic relations of a 2,578
court of common pleas that exercises the powers and jurisdiction 2,579
conferred in Chapter CHAPTERS 2151. AND 2152. of the Revised 2,581
Code, the judge of the division, both judges in a two-judge 2,582
division, or a majority of the judges in a division with three or 2,583
more judges and the clerk of the court of common pleas agree in 2,584
an agreement that is signed by the agreeing judge or judges and 2,585
the clerk and entered into formally in the journal of the court, 2,586
the clerk of courts of common pleas shall keep the records filed
with the court pursuant to Chapter 2151. OR 2152. of the Revised 2,587
Code or pursuant to any other section of the Revised Code that 2,590
requires documents to be filed with a juvenile judge or a
58
juvenile court. 2,591
Whenever the juvenile judge, or a majority of the juvenile 2,594
judges of a multi-judge juvenile division, of a court of common 2,595
pleas, juvenile division, and the clerk of the court of common 2,596
pleas agree in an agreement that is signed by the judge and the 2,597
clerk and entered formally in the journal of the court, the 2,598
clerks of courts of common pleas shall keep the records of such 2,599
THOSE courts. In all other cases, the juvenile judge shall be 2,601
the clerk of the judge's own court.
(B) In counties in which the juvenile judge is clerk of 2,603
the judge's own court, before entering upon the duties of office 2,604
as such THE clerk, the judge shall execute and file with the 2,605
county treasurer a bond in a sum to be determined by the board of 2,606
county commissioners, with sufficient surety to be approved by 2,607
the board, conditioned for the faithful performance of duties as 2,608
clerk. The bond shall be given for the benefit of the county, 2,609
the state, or any person who may suffer loss by reason of a 2,610
default in any of the conditions of the bond. 2,611
Sec. 2151.14. (A) The chief probation officer, under the 2,620
direction of the juvenile judge, shall have charge of the work of 2,621
the probation department. The department shall make any 2,622
investigations that the judge directs, keep a written record of 2,623
the investigations, and submit the record to the judge or deal 2,624
with them as the judge directs. The department shall furnish to 2,625
any person placed on probation COMMUNITY CONTROL a statement of 2,626
the conditions of probation COMMUNITY CONTROL and shall instruct 2,628
the person regarding them. The department shall keep informed 2,631
concerning the conduct and condition of each person under its 2,632
supervision and shall report on their conduct and condition to 2,633
the judge as the judge directs. Each probation officer shall use 2,634
all suitable methods to aid persons on probation COMMUNITY
CONTROL and to bring about improvement in their conduct and 2,636
condition. The department shall keep full records of its work, 2,637
keep accurate and complete accounts of money collected from 2,638
59
persons under its supervision, give receipts for the money, and 2,639
make reports on the money as the judge directs. 2,640
(B) Except as provided in division (C) or (D) of this 2,642
section, the reports and records of the department shall be 2,643
considered confidential information and shall not be made public. 2,644
A probation officer may serve the process of the court within or 2,645
without the county, make arrests without warrant upon reasonable 2,647
information or upon view of the violation of this chapter OR 2,648
CHAPTER 2152. OF THE REVISED CODE, detain the person arrested
pending the issuance of a warrant, and perform any other duties, 2,650
incident to the office, that the judge directs. All sheriffs, 2,651
deputy sheriffs, constables, marshals, deputy marshals, chiefs of 2,652
police, municipal corporation and township police officers, and 2,653
other peace officers shall render assistance to probation 2,654
officers in the performance of their duties when requested to do 2,655
so by any probation officer. 2,656
(C) When a complaint has been filed alleging that a child 2,658
is delinquent by reason of having committed an act that would 2,659
constitute a violation of section 2907.02, 2907.03, 2907.05, or 2,661
2907.06 of the Revised Code if committed by an adult and the 2,662
arresting authority, a court, or a probation officer discovers 2,663
that the child or a person whom the child caused to engage in 2,664
sexual activity, as defined in section 2907.01 of the Revised 2,665
Code, has a communicable disease, the arresting authority, court, 2,666
or probation officer immediately shall notify the victim of the 2,667
delinquent act of the nature of the disease. 2,668
(D)(1) In accordance with division (D)(2) of this section, 2,670
subject to the limitation specified in division (D)(4) of this 2,671
section, and in connection with a disposition pursuant to section 2,672
2151.354 of the Revised Code when a child has been found to be an 2,673
unruly child, a disposition pursuant to section 2151.355 SECTIONS 2,674
2152.19 AND 2152.20 of the Revised Code when a child has been 2,676
found to be a delinquent child, or a disposition pursuant to 2,677
section 2151.356 SECTIONS 2152.20 AND 2152.21 of the Revised Code 2,679
60
when a child has been found to be a juvenile traffic offender, 2,680
the court may issue an order requiring boards of education, 2,681
governing bodies of chartered nonpublic schools, public children 2,682
services agencies, private child placing agencies, probation 2,683
departments, law enforcement agencies, and prosecuting attorneys 2,684
that have records related to the child in question to provide 2,685
copies of one or more specified records, or specified information 2,686
in one or more specified records, that the individual or entity 2,687
has with respect to the child to any of the following individuals 2,688
or entities that request the records in accordance with division 2,689
(D)(3)(a) of this section:
(a) The child; 2,691
(b) The attorney or guardian ad litem of the child; 2,693
(c) A parent, guardian, or custodian of the child; 2,695
(d) A prosecuting attorney; 2,697
(e) A board of education of a public school district; 2,699
(f) A probation department of a juvenile court; 2,701
(g) A public children services agency or private child 2,703
placing agency that has custody of the child, is providing 2,704
services to the child or the child's family, or is preparing a 2,705
social history or performing any other function for the juvenile 2,706
court;
(h) The department of youth services when the department 2,708
has custody of the child or is performing any services for the 2,709
child that are required by the juvenile court or by statute; 2,710
(i) The individual in control of a juvenile detention or 2,712
rehabilitation facility to which the child has been committed; 2,713
(j) An employee of the juvenile court that found the child 2,715
to be an unruly child, a delinquent child, or a juvenile traffic 2,716
offender; 2,717
(k) Any other entity that has custody of the child or is 2,719
providing treatment, rehabilitation, or other services for the 2,720
child pursuant to a court order, statutory requirement, or other 2,721
arrangement. 2,722
61
(2) Any individual or entity listed in divisions (D)(1)(a) 2,724
to (k) of this section may file a motion with the court that 2,725
requests the court to issue an order as described in division 2,726
(D)(1) of this section. If such a motion is filed, the court 2,727
shall conduct a hearing on it. If at the hearing the movant 2,728
demonstrates a need for one or more specified records, or for 2,729
information in one or more specified records, related to the 2,730
child in question and additionally demonstrates the relevance of 2,731
the information sought to be obtained from those records, and if 2,732
the court determines that the limitation specified in division 2,733
(D)(4) of this section does not preclude the provision of a 2,734
specified record or specified information to the movant, then the 2,735
court may issue an order to a designated individual or entity to 2,736
provide the movant with copies of one or more specified records 2,737
or with specified information contained in one or more specified 2,738
records. 2,739
(3)(a) Any individual or entity that is authorized by an 2,741
order issued pursuant to division (D)(1) of this section to 2,742
obtain copies of one or more specified records, or specified 2,743
information, related to a particular child may file a written 2,744
request for copies of the records or for the information with any 2,745
individual or entity required by the order to provide copies of 2,746
the records or the information. The request shall be in writing, 2,747
describe the type of records or the information requested, 2,748
explain the need for the records or the information, and be 2,749
accompanied by a copy of the order. 2,750
(b) If an individual or entity that is required by an 2,752
order issued pursuant to division (D)(1) of this section to 2,753
provide one or more specified records, or specified information, 2,754
related to a child receives a written request for the records or 2,755
information in accordance with division (D)(3)(a) of this 2,756
section, the individual or entity immediately shall comply with 2,757
the request to the extent it is able to do so, unless the 2,758
individual or entity determines that it is unable to comply with 2,759
62
the request because it is prohibited by law from doing so, or 2,760
unless the requesting individual or entity does not have 2,761
authority to obtain the requested records or information. If the 2,762
individual or entity determines that it is unable to comply with 2,763
the request, it shall file a motion with the court that issued 2,764
the order requesting the court to determine the extent to which 2,765
it is required to comply with the request for records or 2,766
information. Upon the filing of the motion, the court 2,767
immediately shall hold a hearing on the motion, determine the 2,768
extent to which the movant is required to comply with the request 2,769
for records or information, and issue findings of fact and 2,770
conclusions of law in support of its determination. The 2,771
determination of the court shall be final. If the court 2,772
determines that the movant is required to comply with the request 2,773
for records or information, it shall identify the specific 2,774
records or information that must be supplied to the individual or 2,775
entity that requested the records or information. 2,776
(c) If an individual or entity is required to provide 2,778
copies of one or more specified records pursuant to division (D) 2,779
of this section, the individual or entity may charge a fee for 2,780
the copies that does not exceed the cost of supplying them. 2,781
(4) Division (D) of this section does not require, 2,783
authorize, or permit the dissemination of any records or any 2,784
information contained in any records if the dissemination of the 2,785
records or information generally is prohibited by any provision 2,786
of the Revised Code and a specific provision of the Revised Code 2,787
does not specifically authorize or permit the dissemination of 2,788
the records or information pursuant to division (D) of this 2,789
section.
Sec. 2151.141. (A) If a complaint filed with respect to a 2,798
child pursuant to section 2151.27 of the Revised Code alleges 2,799
that a child is an abused, neglected, or dependent child, any 2,800
individual or entity that is listed in divisions (D)(1)(a) to (k) 2,801
of section 2151.14 of the Revised Code and that is investigating 2,802
63
whether the child is an abused, neglected, or dependent child, 2,803
has custody of the child, is preparing a social history for the 2,804
child, or is providing any services for the child may request any 2,805
board of education, governing body of a chartered nonpublic 2,806
school, public children services agency, private child placing 2,807
agency, probation department, law enforcement agency, or 2,808
prosecuting attorney that has any records related to the child to 2,809
provide the individual or entity with a copy of the records. The 2,810
request shall be in writing, describe the type of records 2,811
requested, explain the need for the records, be accompanied by a 2,812
copy of the complaint, and describe the relationship of the 2,813
requesting individual or entity to the child. The individual or 2,814
entity shall provide a copy of the request to the child in 2,815
question, the attorney or guardian ad litem of the child, and the 2,816
parent, guardian, or custodian of the child. 2,817
(B)(1) Any board of education, governing body of a 2,819
chartered nonpublic school, public children services agency, 2,820
private child placing agency, probation department, law 2,821
enforcement agency, or prosecuting attorney that has any records 2,822
related to a child who is the subject of a complaint as described 2,823
in division (A) of this section and that receives a request for a 2,824
copy of the records pursuant to division (A) of this section 2,825
shall comply with the request, unless the individual or entity 2,826
determines that it is unable to do so because it is prohibited by 2,827
law from complying with the request, the request does not comply 2,828
with division (A) of this section, or a complaint as described in 2,829
division (A) of this section has not been filed with respect to 2,830
the child who is the subject of the requested records. If the 2,831
individual or entity determines that it is unable to comply with 2,832
the request, it shall file a motion with the court in which the 2,833
complaint as described in division (A) of this section was filed 2,834
or was alleged to have been filed requesting the court to 2,835
determine the extent to which it is required to comply with the 2,836
request for records. Upon the filing of the motion, the court 2,837
64
immediately shall hold a hearing on the motion, determine the 2,838
extent to which the movant is required to comply with the request 2,839
for records, and issue findings of fact and conclusions of law in 2,840
support of its determination. The determination of the court 2,841
shall be final. If the court determines that the movant is 2,842
required to comply with the request for records, it shall 2,843
identify the specific records that must be supplied to the 2,844
individual or entity that requested them. 2,845
(2) In addition to or in lieu of the motion described in 2,847
division (B)(1) of this section, a law enforcement agency or 2,848
prosecuting attorney that receives a request for a copy of 2,849
records pursuant to division (A) of this section may file a 2,850
motion for a protective order as described in this division with 2,851
the court in which the complaint as described in division (A) of 2,852
this section was filed or alleged to have been filed. Upon the 2,853
filing of such a motion, the court shall conduct a hearing on the 2,854
motion. If at the hearing the law enforcement agency or 2,855
prosecuting attorney demonstrates that any of the following 2,856
applies and if, after considering the purposes for which the 2,857
records were requested pursuant to division (A) of this section, 2,858
the best interest of the child, and any demonstrated need to 2,859
prevent specific information in the records from being disclosed, 2,860
the court determines that the issuance of a protective order is 2,861
necessary, then the court shall issue a protective order that 2,862
appropriately limits the disclosure of one or more specified 2,863
records or specified information in one or more specified 2,864
records: 2,865
(a) The records or information in the records relate to a 2,867
case in which the child is alleged to be a delinquent child or a 2,868
case in which a child is bound over TRANSFERRED for trial as an 2,869
adult pursuant to section 2151.26 2152.12 of the Revised Code and 2,871
Juvenile Rule 30, and the adjudication hearing in the case, the 2,873
trial in the case, or other disposition of the case has not been 2,874
concluded.
65
(b) The records in question, or the records containing the 2,876
information in question, are confidential law enforcement 2,877
investigatory records, as defined in section 149.43 of the 2,878
Revised Code. 2,879
(c) The records or information in the records relate to a 2,881
case in which the child is or was alleged to be a delinquent 2,882
child or to a case in which a child is or was bound over 2,883
TRANSFERRED for trial as an adult pursuant to section 2151.26 2,885
2152.12 of the Revised Code and Juvenile Rule 30; another case is 2,887
pending against any child or any adult in which the child is 2,888
alleged to be a delinquent child, the child is so bound over 2,889
TRANSFERRED for trial as an adult, or the adult is alleged to be 2,891
a criminal offender; the allegations in the case to which the 2,892
records or information relate and the allegations in the other 2,893
case are based on the same act or transaction, are based on two 2,894
or more connected transactions or constitute parts of a common 2,895
scheme or plan, or are part of a course of criminal conduct; and 2,896
the adjudication hearing in, trial in, or other disposition of 2,897
the other case has not been concluded. 2,898
(C) If an individual or entity is required to provide 2,900
copies of records pursuant to this section, the individual or 2,901
entity may charge a fee for the copies that does not exceed the 2,902
cost of supplying them. 2,903
(D) This section shall not be construed to require, 2,905
authorize, or permit, and does not require, authorize, or permit, 2,906
the dissemination of any records or any information contained in 2,907
any records if the dissemination of the records or information 2,908
generally is prohibited by any provision of the Revised Code and 2,909
a specific provision of the Revised Code does not specifically 2,910
authorize or permit the dissemination of the records or 2,911
information pursuant to this section. 2,912
Sec. 2151.18. (A) THE JUVENILE COURT SHALL MAINTAIN 2,914
RECORDS OF ALL OFFICIAL CASES BROUGHT BEFORE IT, INCLUDING, BUT 2,915
NOT LIMITED TO, AN APPEARANCE DOCKET, A JOURNAL, AND RECORDS OF 2,916
66
THE TYPE REQUIRED BY DIVISION (A)(2) OF SECTION 2151.35 OF THE 2,917
REVISED CODE.
(B) NOT LATER THAN JUNE OF EACH YEAR, THE COURT SHALL 2,919
PREPARE AN ANNUAL REPORT COVERING THE PRECEDING CALENDAR YEAR 2,920
SHOWING THE NUMBER AND KINDS OF CASES THAT HAVE COME BEFORE IT, 2,921
THE DISPOSITION OF THE CASES, AND ANY OTHER DATA PERTAINING TO 2,922
THE WORK OF THE COURT THAT THE JUVENILE JUDGE DIRECTS. THE COURT 2,924
SHALL FILE COPIES OF THE REPORT WITH THE BOARD OF COUNTY
COMMISSIONERS. WITH THE APPROVAL OF THE BOARD, THE COURT MAY 2,925
PRINT OR CAUSE TO BE PRINTED COPIES OF THE REPORT FOR 2,926
DISTRIBUTION TO PERSONS AND AGENCIES INTERESTED IN THE COURT OR 2,928
COMMUNITY PROGRAM FOR DEPENDENT, NEGLECTED, ABUSED, OR DELINQUENT 2,929
CHILDREN AND JUVENILE TRAFFIC OFFENDERS. THE COURT SHALL INCLUDE 2,930
THE NUMBER OF COPIES ORDERED PRINTED AND THE ESTIMATED COST OF
EACH PRINTED COPY ON EACH COPY OF THE REPORT PRINTED FOR 2,931
DISTRIBUTION. 2,932
Sec. 2151.211. No employer shall discharge or terminate 2,941
from employment, threaten to discharge or terminate from 2,942
employment, or otherwise punish or penalize any employee because 2,943
of time lost from regular employment as a result of the 2,944
employee's attendance at any proceeding in a delinquency case 2,945
pursuant to a subpoena UNDER THIS CHAPTER OR CHAPTER 2152. OF THE 2,947
REVISED CODE. This section generally does not require and shall 2,948
not be construed to require an employer to pay an employee for 2,949
time lost as a result of attendance at any proceeding in a 2,950
delinquency case UNDER EITHER CHAPTER. However, if an employee 2,951
is subpoenaed to appear at a proceeding in a delinquency case 2,952
UNDER EITHER CHAPTER and the proceeding pertains to an offense 2,954
against the employer or an offense involving the employee during 2,955
the course of his THE EMPLOYEE'S employment, the employer shall 2,957
not decrease or withhold the employee's pay for any time lost as 2,958
a result of compliance with the subpoena. Any employer who 2,959
knowingly violates this section is in contempt of court. 2,960
Sec. 2151.23. (A) The juvenile court has exclusive 2,970
67
original jurisdiction under the Revised Code as follows: 2,971
(1) Concerning any child who on or about the date 2,973
specified in the complaint, INDICTMENT, OR INFORMATION is alleged 2,975
to be a juvenile traffic offender or a delinquent, unruly, 2,978
abused, neglected, or dependent child and, based on and in 2,980
relation to the allegation pertaining to the child, concerning 2,981
the parent, guardian, or other person having care of a child who 2,982
is alleged to be an unruly or delinquent child for being an
habitual or chronic truant; 2,984
(2) Subject to division (V) of section 2301.03 of the 2,986
Revised Code, to determine the custody of any child not a ward of 2,987
another court of this state; 2,988
(3) To hear and determine any application for a writ of 2,990
habeas corpus involving the custody of a child; 2,991
(4) To exercise the powers and jurisdiction given the 2,993
probate division of the court of common pleas in Chapter 5122. of 2,995
the Revised Code, if the court has probable cause to believe that 2,996
a child otherwise within the jurisdiction of the court is a
mentally ill person subject to hospitalization by court order, as 2,997
defined in section 5122.01 of the Revised Code; 2,998
(5) To hear and determine all criminal cases charging 3,000
adults with the violation of any section of this chapter; 3,001
(6) To hear and determine all criminal cases in which an 3,003
adult is charged with a violation of division (C) of section 3,004
2919.21, division (B)(1) of section 2919.22, section 2919.222, 3,005
division (B) of section 2919.23, or section 2919.24 of the 3,007
Revised Code, provided the charge is not included in an 3,008
indictment that also charges the alleged adult offender with the 3,009
commission of a felony arising out of the same actions that are 3,010
the basis of the alleged violation of division (C) of section 3,011
2919.21, division (B)(1) of section 2919.22, section 2919.222, 3,012
division (B) of section 2919.23, or section 2919.24 of the 3,014
Revised Code;
(7) Under the interstate compact on juveniles in section 3,016
68
2151.56 of the Revised Code; 3,017
(8) Concerning any child who is to be taken into custody 3,019
pursuant to section 2151.31 of the Revised Code, upon being 3,020
notified of the intent to take the child into custody and the 3,021
reasons for taking the child into custody; 3,022
(9) To hear and determine requests for the extension of 3,024
temporary custody agreements, and requests for court approval of 3,025
permanent custody agreements, that are filed pursuant to section 3,026
5103.15 of the Revised Code; 3,027
(10) To hear and determine applications for consent to 3,029
marry pursuant to section 3101.04 of the Revised Code; 3,030
(11) Subject to division (V) of section 2301.03 of the 3,032
Revised Code, to hear and determine a request for an order for 3,033
the support of any child if the request is not ancillary to an 3,034
action for divorce, dissolution of marriage, annulment, or legal 3,035
separation, a criminal or civil action involving an allegation of 3,036
domestic violence, or an action for support brought under Chapter 3,037
3115. of the Revised Code; 3,038
(12) Concerning an action commenced under section 121.38 3,040
of the Revised Code; 3,041
; 3,043
(14)(13) To hear and determine violations of section 3,045
3321.38 of the Revised Code; 3,046
(15)(14) To exercise jurisdiction and authority over the 3,049
parent, guardian, or other person having care of a child alleged 3,050
to be a delinquent child, unruly child, or juvenile traffic 3,051
offender, based on and in relation to the allegation pertaining 3,052
to the child. 3,053
(B) Except as provided in division (I) of section 2301.03 3,055
of the Revised Code, the juvenile court has original jurisdiction 3,056
under the Revised Code: 3,057
(1) To hear and determine all cases of misdemeanors 3,059
charging adults with any act or omission with respect to any 3,060
child, which act or omission is a violation of any state law or 3,061
69
any municipal ordinance; 3,062
(2) To determine the paternity of any child alleged to 3,064
have been born out of wedlock pursuant to sections 3111.01 to 3,065
3111.19 of the Revised Code; 3,066
(3) Under the uniform interstate family support act in 3,069
Chapter 3115. of the Revised Code;
(4) To hear and determine an application for an order for 3,071
the support of any child, if the child is not a ward of another 3,072
court of this state; 3,073
(5) To hear and determine an action commenced under 3,075
section 5101.314 of the Revised Code. 3,076
(C) The juvenile court, except as to juvenile courts that 3,078
are a separate division of the court of common pleas or a 3,079
separate and independent juvenile court, has jurisdiction to 3,080
hear, determine, and make a record of any action for divorce or 3,081
legal separation that involves the custody or care of children 3,082
and that is filed in the court of common pleas and certified by 3,083
the court of common pleas with all the papers filed in the action 3,084
to the juvenile court for trial, provided that no certification 3,085
of that nature shall be made to any juvenile court unless the 3,087
consent of the juvenile judge first is obtained. After a 3,088
certification of that nature is made and consent is obtained, the 3,090
juvenile court shall proceed as if the action originally had been 3,091
begun in that court, except as to awards for spousal support or 3,092
support due and unpaid at the time of certification, over which 3,093
the juvenile court has no jurisdiction.
(D) The juvenile court, except as provided in division (I) 3,095
of section 2301.03 of the Revised Code, has jurisdiction to hear 3,096
and determine all matters as to custody and support of children 3,097
duly certified by the court of common pleas to the juvenile court 3,098
after a divorce decree has been granted, including jurisdiction 3,099
to modify the judgment and decree of the court of common pleas as 3,100
the same relate to the custody and support of children. 3,101
(E) The juvenile court, except as provided in division (I) 3,103
70
of section 2301.03 of the Revised Code, has jurisdiction to hear 3,104
and determine the case of any child certified to the court by any 3,105
court of competent jurisdiction if the child comes within the 3,106
jurisdiction of the juvenile court as defined by this section. 3,107
(F)(1) The juvenile court shall exercise its jurisdiction 3,109
in child custody matters in accordance with sections 3109.04, 3,110
3109.21 to 3109.36, and 5103.20 to 5103.28 of the Revised Code. 3,111
(2) The juvenile court shall exercise its jurisdiction in 3,113
child support matters in accordance with section 3109.05 of the 3,114
Revised Code. 3,115
(G)(1) Each order for child support made or modified by a 3,117
juvenile court shall include as part of the order a general 3,119
provision, as described in division (A)(1) of section 3113.21 of 3,120
the Revised Code, requiring the withholding or deduction of 3,121
income or assets of the obligor under the order as described in 3,123
division (D) of section 3113.21 of the Revised Code, or another 3,124
type of appropriate requirement as described in division (D)(3), 3,125
(D)(4), or (H) of that section, to ensure that withholding or 3,127
deduction from the income or assets of the obligor is available 3,129
from the commencement of the support order for collection of the 3,130
support and of any arrearages that occur; a statement requiring 3,131
all parties to the order to notify the child support enforcement 3,132
agency in writing of their current mailing address, current 3,133
residence address, current residence telephone number, and 3,134
current driver's license number, and any changes to that 3,135
information; and a notice that the requirement to notify the 3,136
child support enforcement agency of all changes to that
information continues until further notice from the court. Any 3,137
juvenile court that makes or modifies an order for child support 3,138
shall comply with sections 3113.21 to 3113.219 of the Revised 3,140
Code. If any person required to pay child support under an order 3,141
made by a juvenile court on or after April 15, 1985, or modified 3,142
on or after December 1, 1986, is found in contempt of court for 3,143
failure to make support payments under the order, the court that 3,144
71
makes the finding, in addition to any other penalty or remedy 3,145
imposed, shall assess all court costs arising out of the contempt 3,146
proceeding against the person and require the person to pay any 3,147
reasonable attorney's fees of any adverse party, as determined by 3,148
the court, that arose in relation to the act of contempt. 3,149
(2) Notwithstanding section 3109.01 of the Revised Code, 3,151
if a juvenile court issues a child support order under this 3,152
chapter, the order shall remain in effect beyond the child's 3,153
eighteenth birthday as long as the child continuously attends on 3,154
a full-time basis any recognized and accredited high school or 3,155
the order provides that the duty of support of the child 3,156
continues beyond the child's eighteenth birthday. Except in 3,157
cases in which the order provides that the duty of support 3,158
continues for any period after the child reaches nineteen years 3,159
of age the order shall not remain in effect after the child
reaches nineteen years of age. Any parent ordered to pay support 3,161
under a child support order issued under this chapter shall 3,162
continue to pay support under the order, including during 3,163
seasonal vacation periods, until the order terminates. 3,164
(H) If a child who is charged with an act that would be an 3,166
offense if committed by an adult was fourteen years of age or 3,167
older and under eighteen years of age at the time of the alleged 3,168
act and if the case is transferred for criminal prosecution 3,169
pursuant to section 2151.26 2152.12 of the Revised Code, the 3,171
juvenile court does not have jurisdiction to hear or determine 3,173
the case subsequent to the transfer. The court to which the case 3,174
is transferred for criminal prosecution pursuant to that section 3,175
has jurisdiction subsequent to the transfer to hear and determine 3,176
the case in the same manner as if the case originally had been 3,177
commenced in that court, including, but not limited to,
jurisdiction to accept a plea of guilty or another plea 3,178
authorized by Criminal Rule 11 or another section of the Revised 3,180
Code and jurisdiction to accept a verdict and to enter a judgment 3,181
of conviction pursuant to the Rules of Criminal Procedure against 3,182
72
the child for the commission of the offense that was the basis of 3,183
the transfer of the case for criminal prosecution, whether the 3,184
conviction is for the same degree or a lesser degree of the 3,185
offense charged, for the commission of a lesser-included offense, 3,186
or for the commission of another offense that is different from 3,187
the offense charged. 3,188
(I) If a person under eighteen years of age allegedly 3,191
commits an act that would be a felony if committed by an adult 3,192
and if the person is not taken into custody or apprehended for 3,193
that act until after the person attains twenty-one years of age, 3,194
the juvenile court does not have jurisdiction to hear or 3,195
determine any portion of the case charging the person with 3,196
committing that act. In those circumstances, divisions (A) AND 3,197
(B) and (C) of section 2151.26 2152.12 of the Revised Code do not 3,200
apply regarding the act, AND the case charging the person with 3,201
committing the act shall be a criminal prosecution commenced and 3,202
heard in the appropriate court having jurisdiction of the offense 3,203
as if the person had been eighteen years of age or older when the
person committed the act, all. ALL proceedings pertaining to the 3,205
act shall be within the jurisdiction of the court having 3,206
jurisdiction of the offense, and the THAT court having 3,208
jurisdiction of the offense has all the authority and duties in 3,210
the case as THAT it has in other criminal cases commenced in that 3,211
court.
Sec. 2151.24. The (A) EXCEPT AS PROVIDED IN DIVISION (B) 3,221
OF THIS SECTION, THE board of county commissioners shall provide 3,222
a special room not used for the trial of criminal or adult cases, 3,223
when available, for the hearing of the cases of dependent, 3,224
neglected, abused, and delinquent children.
(B) DIVISION (A) OF THIS SECTION DOES NOT APPLY TO THE 3,226
CASE OF AN ALLEGED DELINQUENT CHILD WHEN THE CASE IS ONE IN WHICH 3,227
THE PROSECUTING ATTORNEY SEEKS A SERIOUS YOUTHFUL OFFENDER 3,228
DISPOSITION UNDER SECTION 2152.13 OF THE REVISED CODE. 3,229
Sec. 2151.27. (A)(1) Subject to division (A)(2) of this 3,239
73
section, any person having knowledge of a child who appears to be 3,240
a juvenile traffic offender or to be a delinquent, AN unruly, 3,241
abused, neglected, or dependent child may file a sworn complaint 3,242
with respect to that child in the juvenile court of the county in 3,243
which the child has a residence or legal settlement or in which 3,244
the traffic offense, delinquency, unruliness, abuse, neglect, or 3,245
dependency allegedly occurred. If an alleged abused, neglected, 3,246
or dependent child is taken into custody pursuant to division (D) 3,247
of section 2151.31 of the Revised Code or is taken into custody 3,248
pursuant to division (A) of section 2151.31 of the Revised Code 3,249
without the filing of a complaint and placed into shelter care 3,250
pursuant to division (C) of that section, a sworn complaint shall 3,251
be filed with respect to the child before the end of the next day 3,253
after the day on which the child was taken into custody. The 3,254
sworn complaint may be upon information and belief, and, in 3,255
addition to the allegation that the child is a delinquent, AN 3,256
unruly, abused, neglected, or dependent child or a juvenile
traffic offender, the complaint shall allege the particular facts 3,257
upon which the allegation that the child is a delinquent, AN 3,258
unruly, abused, neglected, or dependent child or a juvenile 3,260
traffic offender is based. 3,261
(2) Any person having knowledge of a child who appears to 3,263
be an unruly or delinquent child for being an habitual or chronic 3,264
truant may file a sworn complaint with respect to that child and 3,267
the parent, guardian, or other person having care of the child in 3,268
the juvenile court of the county in which the child has a 3,269
residence or legal settlement or in which the child is supposed 3,270
to attend public school. The sworn complaint may be upon 3,271
information and belief and shall contain the following 3,272
allegations:
(a) That the child is an unruly child for being an 3,274
habitual truant or the child is a delinquent child for being a 3,275
chronic truant or an habitual truant who previously has been 3,277
adjudicated an unruly child for being an habitual truant and, in 3,278
74
addition, the particular facts upon which that allegation is 3,279
based;
(b) That the parent, guardian, or other person having care 3,281
of the child has failed to cause the child's attendance at school 3,282
in violation of section 3321.38 of the Revised Code and, in 3,283
addition, the particular facts upon which that allegation is 3,284
based.
(B) If a child, before arriving at the age of eighteen 3,286
years, allegedly commits an act for which the child may be 3,287
adjudicated a delinquent child, an unruly child, or a juvenile 3,288
traffic offender and if the specific complaint alleging the act 3,289
is not filed or a hearing on that specific complaint is not held 3,290
until after the child arrives at the age of eighteen years, the 3,291
court has jurisdiction to hear and dispose of the complaint as if 3,292
the complaint were filed and the hearing held before the child 3,293
arrived at the age of eighteen years. 3,294
(C) If the complainant in a case in which a child is 3,296
alleged to be an abused, neglected, or dependent child desires 3,297
permanent custody of the child or children, temporary custody of 3,298
the child or children, whether as the preferred or an alternative 3,299
disposition, or the placement of the child in a planned permanent 3,300
living arrangement, the complaint shall contain a prayer 3,301
specifically requesting permanent custody, temporary custody, or 3,302
the placement of the child in a planned permanent living 3,303
arrangement. 3,304
(D) For purposes of the record to be maintained by the 3,306
clerk under division (B) of section 2151.18 of the Revised Code, 3,307
when a complaint is filed that alleges that a child is a 3,308
delinquent child, the court shall determine if the victim of the 3,309
alleged delinquent act was sixty-five years of age or older or 3,310
permanently and totally disabled at the time of the alleged 3,311
commission of the act. 3,312
(E) Any person with standing under applicable law may file 3,314
a complaint for the determination of any other matter over which 3,315
75
the juvenile court is given jurisdiction by section 2151.23 of 3,316
the Revised Code. The complaint shall be filed in the county in 3,317
which the child who is the subject of the complaint is found or 3,318
was last known to be found. 3,319
(F) Within ten days after the filing of a complaint, the 3,321
court shall give written notice of the filing of the complaint 3,322
and of the substance of the complaint to the superintendent of a 3,323
city, local, exempted village, or joint vocational school 3,324
district if the complaint alleges that a child committed an act 3,325
that would be a criminal offense if committed by an adult, that 3,327
the child was sixteen years of age or older at the time of the 3,328
commission of the alleged act, and that the alleged act is any of 3,329
the following:
(1) A violation of section 2923.122 of the Revised Code 3,331
that relates to property owned or controlled by, or to an 3,332
activity held under the auspices of, the board of education of 3,333
that school district; 3,334
(2) A violation of section 2923.12 of the Revised Code, of 3,336
a substantially similar municipal ordinance, or of section 3,337
2925.03 of the Revised Code that was committed on property owned 3,338
or controlled by, or at an activity held under the auspices of, 3,339
the board of education of that school district; 3,340
(3) A violation of section 2925.11 of the Revised Code 3,342
that was committed on property owned or controlled by, or at an 3,344
activity held under the auspices of, the board of education of 3,345
that school district, other than a violation of that section that 3,346
would be a minor drug possession offense, as defined in section
2925.01 of the Revised Code, if committed by an adult; 3,347
(4) A violation of section 2903.01, 2903.02, 2903.03, 3,349
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised 3,351
Code, or a violation of former section 2907.12 of the Revised
Code, that was committed on property owned or controlled by, or 3,353
at an activity held under the auspices of, the board of education 3,354
of that school district, if the victim at the time of the 3,355
76
commission of the alleged act was an employee of the board of
education of that school district. 3,356
(5) Complicity in any violation described in division 3,358
(F)(1), (2), (3), or (4) of this section that was alleged to have 3,359
been committed in the manner described in division (F)(1), (2), 3,360
(3), or (4) of this section, regardless of whether the act of 3,361
complicity was committed on property owned or controlled by, or 3,362
at an activity held under the auspices of, the board of education 3,363
of that school district. 3,364
(G)(E) A public children services agency, acting pursuant 3,366
to a complaint or an action on a complaint filed under this 3,368
section, is not subject to the requirements of section 3109.27 of 3,369
the Revised Code.
Sec. 2151.271. If EXCEPT IN A CASE IN WHICH THE CHILD IS 3,378
ALLEGED TO BE A SERIOUS YOUTHFUL OFFENDER UNDER SECTION 2152.13 3,379
OF THE REVISED CODE, IF the child resides in a county of the 3,380
state and the proceeding is commenced in a juvenile court of 3,381
another county, that court, on its own motion or a motion of a 3,382
party, may transfer the proceeding to the county of the child's 3,383
residence upon the filing of the complaint or after the 3,384
adjudicatory, or dispositional hearing, for such further 3,385
proceeding as required. The court of the child's residence shall 3,386
then proceed as if the original complaint had been filed in that 3,388
court. Transfer may also be made if the residence of the child 3,389
changes. The proceeding shall be so transferred if other 3,390
proceedings involving the child are pending in the juvenile court
of the county of his THE CHILD'S residence. 3,391
Whenever a case is transferred to the county of the child's 3,393
residence and it appears to the court of that county that the 3,394
interests of justice and the convenience of the parties requires 3,395
that the adjudicatory hearing be had in the county wherein IN 3,396
WHICH the complaint was filed, the court may return the 3,397
proceeding to the county wherein IN WHICH the complaint was filed 3,399
for the purpose of such THE adjudicatory hearing. The court may 3,400
77
thereafter proceed as to the transfer to the county of the 3,402
child's legal residence as provided in this section. 3,403
Certified copies of all legal and social records pertaining 3,405
to the case shall accompany the transfer. 3,406
Sec. 2151.28. (A) No later than seventy-two hours after 3,415
the complaint is filed, the court shall fix a time for an 3,417
adjudicatory hearing. The court shall conduct the adjudicatory 3,418
hearing within one of the following periods of time: 3,419
(1) If SUBJECT TO DIVISION (D) OF SECTION 2152.13 OF THE 3,421
REVISED CODE, IF the complaint alleged that the child is a 3,422
delinquent or unruly child or a juvenile traffic offender, the 3,423
adjudicatory hearing shall be held and may be continued in 3,424
accordance with the Juvenile Rules. 3,425
(2) If the complaint alleged that the child is an abused, 3,427
neglected, or dependent child, the adjudicatory hearing shall be 3,428
held no later than thirty days after the complaint is filed, 3,429
except that, for good cause shown, the court may continue the 3,430
adjudicatory hearing for either of the following periods of time: 3,431
(a) For ten days beyond the thirty-day deadline to allow 3,433
any party to obtain counsel; 3,434
(b) For a reasonable period of time beyond the thirty-day 3,436
deadline to obtain service on all parties or any necessary 3,437
evaluation, except that the adjudicatory hearing shall not be 3,438
held later than sixty days after the date on which the complaint 3,439
was filed. 3,440
(B) At an adjudicatory hearing held pursuant to division 3,442
(A)(2) of this section, the court, in addition to determining 3,443
whether the child is an abused, neglected, or dependent child, 3,444
shall determine whether the child should remain or be placed in 3,445
shelter care until the dispositional hearing. When the court 3,446
makes the shelter care determination, all of the following apply: 3,447
(1) The court shall determine whether there are any 3,449
relatives of the child who are willing to be temporary custodians 3,450
of the child. If any relative is willing to be a temporary 3,451
78
custodian, the child otherwise would remain or be placed in 3,452
shelter care, and the appointment is appropriate, the court shall 3,453
appoint the relative as temporary custodian of the child, unless 3,454
the court appoints another relative as custodian. If it 3,455
determines that the appointment of a relative as custodian would 3,456
not be appropriate, it shall issue a written opinion setting 3,457
forth the reasons for its determination and give a copy of the 3,458
opinion to all parties and the guardian ad litem of the child. 3,459
The court's consideration of a relative for appointment as 3,461
a temporary custodian does not make that relative a party to the 3,462
proceedings. 3,463
(2) The court shall comply with section 2151.419 of the 3,466
Revised Code.
(3) The court shall schedule the date for the 3,468
dispositional hearing to be held pursuant to section 2151.35 of 3,469
the Revised Code. The parents of the child have a right to be 3,470
represented by counsel; however, in no case shall the 3,471
dispositional hearing be held later than ninety days after the 3,472
date on which the complaint was filed. 3,473
(C) The court shall direct the issuance of a summons 3,475
directed to the child except as provided by this section, the 3,476
parents, guardian, custodian, or other person with whom the child 3,477
may be, and any other persons that appear to the court to be 3,478
proper or necessary parties to the proceedings, requiring them to 3,479
appear before the court at the time fixed to answer the 3,480
allegations of the complaint. The summons shall contain the name 3,481
and telephone number of the court employee designated by the 3,482
court pursuant to section 2151.314 of the Revised Code to arrange 3,483
for the prompt appointment of counsel for indigent persons. A 3,484
child alleged to be an abused, neglected, or dependent child 3,485
shall not be summoned unless the court so directs. A summons 3,486
issued for a child who is under fourteen years of age and who is 3,487
alleged to be a delinquent child, unruly child, or a juvenile 3,488
traffic offender shall be served on the parent, guardian, or 3,489
79
custodian of the child in the child's behalf. 3,490
If the person who has physical custody of the child, or 3,492
with whom the child resides, is other than the parent or 3,493
guardian, then the parents and guardian also shall be summoned. 3,494
A copy of the complaint shall accompany the summons. 3,495
(D) If the complaint contains a prayer for permanent 3,497
custody, temporary custody, whether as the preferred or an 3,498
alternative disposition, or a planned permanent living 3,500
arrangement in a case involving an alleged abused, neglected, or 3,501
dependent child, the summons served on the parents shall contain 3,502
as is appropriate an explanation that the granting of permanent 3,503
custody permanently divests the parents of their parental rights 3,504
and privileges, an explanation that an adjudication that the 3,505
child is an abused, neglected, or dependent child may result in 3,506
an order of temporary custody that will cause the removal of the 3,507
child from their legal custody until the court terminates the 3,508
order of temporary custody or permanently divests the parents of 3,509
their parental rights, or an explanation that the issuance of an 3,510
order for a planned permanent living arrangement will cause the 3,511
removal of the child from the legal custody of the parents if any 3,513
of the conditions listed in divisions (A)(5)(a) to (c) of section 3,514
2151.353 of the Revised Code are found to exist. 3,515
(E)(1) Except as otherwise provided in division (E)(2) of 3,518
this section, the court may endorse upon the summons an order 3,519
directing the parents, guardian, or other person with whom the
child may be to appear personally at the hearing and directing 3,520
the person having the physical custody or control of the child to 3,521
bring the child to the hearing. 3,522
(2) In cases in which the complaint alleges that a child 3,524
is an unruly or delinquent child for being an habitual or chronic 3,525
truant and that the parent, guardian, or other person having care 3,526
of the child has failed to cause the child's attendance at 3,527
school, the court shall endorse upon the summons an order 3,528
directing the parent, guardian, or other person having care of 3,529
80
the child to appear personally at the hearing and directing the 3,530
person having the physical custody or control of the child to 3,531
bring the child to the hearing.
(F)(1) The summons shall contain a statement advising that 3,533
any party is entitled to counsel in the proceedings and that the 3,535
court will appoint counsel or designate a county public defender 3,536
or joint county public defender to provide legal representation 3,537
if the party is indigent.
(2) In cases in which the complaint alleges a child to be 3,539
an abused, neglected, or dependent child and no hearing has been 3,540
conducted pursuant to division (A) of section 2151.314 of the 3,541
Revised Code with respect to the child or a parent, guardian, or 3,542
custodian of the child does not attend the hearing, the summons 3,543
also shall contain a statement advising that a case plan may be 3,544
prepared for the child, the general requirements usually
contained in case plans, and the possible consequences of failure 3,545
to comply with a journalized case plan. 3,546
(G) If it appears from an affidavit filed or from sworn 3,548
testimony before the court that the conduct, condition, or 3,549
surroundings of the child are endangering the child's health or 3,551
welfare or those of others, that the child may abscond or be
removed from the jurisdiction of the court, or that the child 3,552
will not be brought to the court, notwithstanding the service of 3,554
the summons, the court may endorse upon the summons an order that 3,555
a law enforcement officer serve the summons and take the child 3,556
into immediate custody and bring the child forthwith to the 3,557
court.
(H) A party, other than the child, may waive service of 3,559
summons by written stipulation. 3,560
(I) Before any temporary commitment is made permanent, the 3,562
court shall fix a time for hearing in accordance with section 3,563
2151.414 of the Revised Code and shall cause notice by summons to 3,564
be served upon the parent or guardian of the child and the 3,565
guardian ad litem of the child, or published, as provided in 3,566
81
section 2151.29 of the Revised Code. The summons shall contain 3,567
an explanation that the granting of permanent custody permanently 3,568
divests the parents of their parental rights and privileges. 3,569
(J) Any person whose presence is considered necessary and 3,571
who is not summoned may be subpoenaed to appear and testify at 3,572
the hearing. Anyone summoned or subpoenaed to appear who fails 3,574
to do so may be punished, as in other cases in the court of 3,575
common pleas, for contempt of court. Persons subpoenaed shall be 3,576
paid the same witness fees as are allowed in the court of common 3,577
pleas. 3,578
(K) The failure of the court to hold an adjudicatory 3,580
hearing within any time period set forth in division (A)(2) of 3,581
this section does not affect the ability of the court to issue 3,582
any order under this chapter and does not provide any basis for 3,583
attacking the jurisdiction of the court or the validity of any 3,584
order of the court. 3,585
(L) If the court, at an adjudicatory hearing held pursuant 3,587
to division (A) of this section upon a complaint alleging that a 3,588
child is an abused, neglected, dependent, delinquent, or unruly 3,589
child or a juvenile traffic offender, determines that the child 3,590
is a dependent child, the court shall incorporate that 3,591
determination into written findings of fact and conclusions of 3,592
law and enter those findings of fact and conclusions of law in
the record of the case. The court shall include in those 3,594
findings of fact and conclusions of law specific findings as to
the existence of any danger to the child and any underlying 3,595
family problems that are the basis for the court's determination 3,596
that the child is a dependent child. 3,597
Sec. 2151.29. Service of summons, notices, and subpoenas, 3,606
prescribed by section 2151.28 of the Revised Code, shall be made 3,607
by delivering a copy to the person summoned, notified, or 3,608
subpoenaed, or by leaving a copy at his THE PERSON'S usual place 3,609
of residence. If the juvenile judge is satisfied that such 3,611
service is impracticable, he THE JUVENILE JUDGE may order service 3,612
82
by registered or certified mail. If the person to be served is 3,614
without the state but he THE PERSON can be found or his THE 3,616
PERSON'S address is known, or his THE PERSON'S whereabouts or 3,617
address can with reasonable diligence be ascertained, service of 3,618
the summons may be made by delivering a copy to him THE PERSON 3,619
personally or mailing a copy to him THE PERSON by registered or 3,621
certified mail. 3,622
Whenever it appears by affidavit that after reasonable 3,624
effort the person to be served with summons cannot be found or 3,625
his THE PERSON'S post-office address ascertained, whether he THE 3,627
PERSON is within or without a state, the clerk shall publish such 3,628
summons once in a newspaper of general circulation throughout the 3,629
county. The summons shall state the substance and the time and 3,630
place of the hearing, which shall be held at least one week later 3,631
than the date of the publication. A copy of the summons and the 3,632
complaint, INDICTMENT, OR INFORMATION shall be sent by registered 3,633
or certified mail to the last known address of the person 3,636
summoned unless it is shown by affidavit that a reasonable effort 3,637
has been made, without success, to obtain such address. 3,638
A copy of the advertisement, THE summons, and THE 3,641
complaint, INDICTMENT, OR INFORMATION, accompanied by the 3,643
certificate of the clerk that such publication has been made and 3,644
that such THE summons and THE complaint, INDICTMENT, OR 3,645
INFORMATION have been mailed as required by this section, is 3,647
sufficient evidence of publication and mailing. When a period of 3,648
one week from the time of publication has elapsed, the juvenile 3,649
court shall have full jurisdiction to deal with such child as 3,650
provided by sections 2151.01 to 2151.99, inclusive, of the 3,651
Revised Code.
Sec. 2151.31. (A) A child may be taken into custody in 3,664
any of the following ways: 3,665
(1) Pursuant to an order of the court under this chapter 3,667
or pursuant to an order of the court upon a motion filed pursuant 3,668
to division (B) of section 2930.05 of the Revised Code; 3,669
83
(2) Pursuant to the laws of arrest; 3,671
(3) By a law enforcement officer or duly authorized 3,673
officer of the court when any of the following conditions are 3,674
present: 3,675
(a) There are reasonable grounds to believe that the child 3,677
is suffering from illness or injury and is not receiving proper 3,678
care, as described in section 2151.03 of the Revised Code, and 3,679
the child's removal is necessary to prevent immediate or 3,680
threatened physical or emotional harm; 3,682
(b) There are reasonable grounds to believe that the child 3,684
is in immediate danger from the child's surroundings and that the 3,686
child's removal is necessary to prevent immediate or threatened 3,687
physical or emotional harm; 3,688
(c) There are reasonable grounds to believe that a parent, 3,690
guardian, custodian, or other household member of the child's 3,691
household has abused or neglected another child in the household 3,692
and to believe that the child is in danger of immediate or 3,693
threatened physical or emotional harm from that person. 3,694
(4) By an enforcement official, as defined in section 3,696
4109.01 of the Revised Code, under the circumstances set forth in 3,697
section 4109.08 of the Revised Code; 3,698
(5) By a law enforcement officer or duly authorized 3,700
officer of the court when there are reasonable grounds to believe 3,701
that the child has run away from the child's parents, guardian, 3,703
or other custodian; 3,704
(6) By a law enforcement officer or duly authorized 3,706
officer of the court when any of the following apply: 3,707
(a) There are reasonable grounds to believe that the 3,709
conduct, conditions, or surroundings of the child are endangering 3,710
the health, welfare, or safety of the child. 3,711
(b) A complaint has been filed with respect to the child 3,713
under section 2151.27 OR 2152.021 of the Revised Code OR THE 3,715
CHILD HAS BEEN INDICTED UNDER DIVISION (A) OF SECTION 2152.13 OF 3,716
THE REVISED CODE OR CHARGED BY INFORMATION AS DESCRIBED IN THAT
84
SECTION and there are reasonable grounds to believe that the 3,717
child may abscond or be removed from the jurisdiction of the 3,718
court.
(c) The child is required to appear in court and there are 3,720
reasonable grounds to believe that the child will not be brought 3,721
before the court when required. 3,722
(d) THERE ARE REASONABLE GROUNDS TO BELIEVE THAT THE CHILD 3,724
COMMITTED A DELINQUENT ACT AND THAT TAKING THE CHILD INTO CUSTODY 3,725
IS NECESSARY TO PROTECT THE PUBLIC INTEREST AND SAFETY. 3,726
(B)(1) The taking of a child into custody is not and shall 3,728
not be deemed an arrest except for the purpose of determining its 3,729
validity under the constitution of this state or of the United 3,730
States. 3,731
(2) Except as provided in division (C) of section 2151.311 3,733
of the Revised Code, a child taken into custody shall not be held 3,734
in any state correctional institution, county, multicounty, or 3,736
municipal jail or workhouse, or any other place where any adult 3,737
convicted of crime, under arrest, or charged with crime is held. 3,738
(C) A (1) EXCEPT AS PROVIDED IN DIVISION (C)(2) OF THIS 3,741
SECTION, A child taken into custody shall not be confined in a
place of juvenile detention or placed in shelter care prior to 3,742
the implementation of the court's final order of disposition, 3,743
unless detention or shelter care is required to protect the child 3,745
from immediate or threatened physical or emotional harm, because 3,746
the child may abscond or be removed from the jurisdiction of the 3,747
court, because the child has no parents, guardian, or custodian 3,748
or other person able to provide supervision and care for the 3,749
child and return the child to the court when required, or because 3,750
an order for placement of the child in detention or shelter care 3,751
has been made by the court pursuant to this chapter. 3,752
(2) A CHILD ALLEGED TO BE A DELINQUENT CHILD WHO IS TAKEN 3,754
INTO CUSTODY MAY BE CONFINED IN A PLACE OF JUVENILE DETENTION 3,755
PRIOR TO THE IMPLEMENTATION OF THE COURT'S FINAL ORDER OF 3,756
DISPOSITION IF THE CONFINEMENT IS AUTHORIZED UNDER SECTION 3,757
85
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 3,758
CODE AND IS NOT RELEASED ON BOND. 3,759
(D) Upon receipt of notice from a person that the person 3,761
intends to take an alleged abused, neglected, or dependent child 3,762
into custody pursuant to division (A)(3) of this section, a 3,763
juvenile judge or a designated referee may grant by telephone an 3,764
ex parte emergency order authorizing the taking of the child into 3,765
custody if there is probable cause to believe that any of the 3,766
conditions set forth in divisions (A)(3)(a) to (c) of this 3,767
section are present. The judge or referee shall journalize any 3,768
ex parte emergency order issued pursuant to this division. If an 3,769
order is issued pursuant to this division and the child is taken 3,770
into custody pursuant to the order, a sworn complaint shall be 3,771
filed with respect to the child before the end of the next 3,772
business day after the day on which the child is taken into 3,773
custody and a hearing shall be held pursuant to division (E) of 3,774
this section and the Juvenile Rules. A juvenile judge or referee 3,775
shall not grant an emergency order by telephone pursuant to this 3,776
division until after the judge or referee determines that 3,777
reasonable efforts have been made to notify the parents, 3,779
guardian, or custodian of the child that the child may be placed 3,780
into shelter care and of the reasons for placing the child into 3,781
shelter care, except that, if the requirement for notification 3,782
would jeopardize the physical or emotional safety of the child or 3,783
result in the child being removed from the court's jurisdiction, 3,784
the judge or referee may issue the order for taking the child 3,785
into custody and placing the child into shelter care prior to 3,786
giving notice to the parents, guardian, or custodian of the 3,787
child.
(E) If a judge or referee pursuant to division (D) of this 3,789
section issues an ex parte emergency order for taking a child 3,790
into custody, the court shall hold a hearing to determine whether 3,791
there is probable cause for the emergency order. The hearing 3,792
86
shall be held before the end of the next business day after the 3,793
day on which the emergency order is issued, except that it shall 3,794
not be held later than seventy-two hours after the emergency 3,795
order is issued. 3,796
If the court determines at the hearing that there is not 3,798
probable cause for the issuance of the emergency order issued 3,799
pursuant to division (D) of this section, it shall order the 3,800
child released to the custody of the child's parents, guardian, 3,802
or custodian. If the court determines at the hearing that there 3,803
is probable cause for the issuance of the emergency order issued 3,804
pursuant to division (D) of this section, the court shall do all 3,806
of the following: 3,807
(1) Ensure that a complaint is filed or has been filed; 3,809
(2) Comply with section 2151.419 of the Revised Code; 3,811
(3) Hold a hearing pursuant to section 2151.314 of the 3,813
Revised Code to determine if the child should remain in shelter 3,814
care. 3,815
(F) If the court determines at the hearing held pursuant 3,817
to division (E) of this section that there is probable cause to 3,818
believe that the child is an abused child, as defined in division 3,819
(A) of section 2151.031 of the Revised Code, the court may do any 3,820
of the following: 3,821
(1) Upon the motion of any party, the guardian ad litem, 3,823
the prosecuting attorney, or an employee of the public children 3,824
services agency, or its own motion, issue reasonable protective 3,828
orders with respect to the interviewing or deposition of the 3,829
child;
(2) Order that the child's testimony be videotaped for 3,831
preservation of the testimony for possible use in any other 3,832
proceedings in the case; 3,833
(3) Set any additional conditions with respect to the 3,835
child or the case involving the child that are in the best 3,836
interest of the child. 3,837
(G) This section is not intended, and shall not be 3,839
87
construed, to prevent any person from taking a child into 3,840
custody, if taking the child into custody is necessary in an 3,841
emergency to prevent the physical injury, emotional harm, or 3,842
neglect of the child. 3,843
Sec. 2151.311. (A) A person taking a child into custody 3,852
shall, with all reasonable speed and in accordance with division 3,853
(C) of this section, either: 3,854
(1) Release the child to the child's parents, guardian, or 3,856
other custodian, unless the child's detention or shelter care 3,857
appears to be warranted or required as provided in section 3,859
2151.31 of the Revised Code; 3,860
(2) Bring the child to the court or deliver the child to a 3,862
place of detention or shelter care designated by the court and 3,863
promptly give notice thereof, together with a statement of the 3,864
reason for taking the child into custody, to a parent, guardian, 3,865
or other custodian and to the court. 3,866
(B) If a parent, guardian, or other custodian fails, when 3,868
requested by the court, to bring the child before the court as 3,869
provided by this section, the court may issue its warrant 3,870
directing that the child be taken into custody and brought before 3,871
the court. 3,872
(C)(1) Before taking any action required by division (A) 3,874
of this section, a person taking a child into custody may hold 3,875
the child for processing purposes in a county, multicounty, or 3,876
municipal jail or workhouse, or other place where an adult 3,877
convicted of crime, under arrest, or charged with crime is held 3,878
for either of the following periods of time: 3,879
(a) For a period not to exceed six hours, if all of the 3,881
following apply: 3,882
(i) The child is alleged to be a delinquent child for the 3,884
commission of an act that would be a felony if committed by an 3,885
adult; 3,886
(ii) The child remains beyond the range of touch of all 3,889
adult detainees;
88
(iii) The child is visually supervised by jail or 3,891
workhouse personnel at all times during the detention; 3,892
(iv) The child is not handcuffed or otherwise physically 3,894
secured to a stationary object during the detention. 3,895
(b) For a period not to exceed three hours, if all of the 3,897
following apply: 3,898
(i) The child is alleged to be a delinquent child for the 3,900
commission of an act that would be a misdemeanor if committed by 3,901
an adult, is alleged to be a delinquent child for being a chronic 3,902
truant or an habitual truant who previously has been adjudicated 3,903
an unruly child for being an habitual truant, or is alleged to be 3,904
an unruly child or a juvenile traffic offender; 3,905
(ii) The child remains beyond the range of touch of all 3,908
adult detainees;
(iii) The child is visually supervised by jail or 3,910
workhouse personnel at all times during the detention; 3,911
(iv) The child is not handcuffed or otherwise physically 3,913
secured to a stationary object during the detention. 3,914
(2) If a child has been transferred to an adult court for 3,916
prosecution for the alleged commission of a criminal offense, 3,917
subsequent to the transfer, the child may be held as described in 3,918
division (F) of section 2151.312 2152.26 or division (B) of 3,919
section 5120.16 of the Revised Code. 3,921
(D) As used in division (C)(1) of this section, 3,923
"processing purposes" means all of the following: 3,924
(1) Fingerprinting, photographing, or fingerprinting and 3,926
photographing the child in a secure area of the facility; 3,927
(2) Interrogating the child, contacting the child's parent 3,929
or guardian, arranging for placement of the child, or arranging 3,930
for transfer or transferring the child, while holding the child 3,931
in a nonsecure area of the facility. 3,932
Sec. 2151.312. (A) A CHILD ALLEGED TO BE OR ADJUDICATED 3,934
AN UNRULY CHILD MAY BE HELD ONLY IN THE FOLLOWING PLACES: 3,936
(1) A CERTIFIED FAMILY FOSTER HOME OR A HOME APPROVED BY 3,938
89
THE COURT; 3,939
(2) A FACILITY OPERATED BY A CERTIFIED CHILD WELFARE 3,941
AGENCY;
(3) ANY OTHER SUITABLE PLACE DESIGNATED BY THE COURT. 3,943
(B)(1) EXCEPT AS PROVIDED UNDER DIVISION (C)(1) OF SECTION 3,946
2151.311 OF THE REVISED CODE, A CHILD ALLEGED TO BE OR 3,948
ADJUDICATED A NEGLECTED CHILD, AN ABUSED CHILD, A DEPENDENT 3,949
CHILD, OR AN UNRULY CHILD MAY NOT BE HELD IN ANY OF THE FOLLOWING 3,950
FACILITIES:
(a) A STATE CORRECTIONAL INSTITUTION, COUNTY, MULTICOUNTY, 3,952
OR MUNICIPAL JAIL OR WORKHOUSE, OR OTHER PLACE IN WHICH AN ADULT 3,953
CONVICTED OF A CRIME, UNDER ARREST, OR CHARGED WITH A CRIME IS 3,954
HELD;
(b) A SECURE CORRECTIONAL FACILITY. 3,956
(2) EXCEPT AS PROVIDED UNDER SECTIONS 2151.26 TO 2151.61 3,958
OF THE REVISED CODE AND DIVISION (B)(3) OF THIS SECTION, A CHILD 3,959
ALLEGED TO BE OR ADJUDICATED AN UNRULY CHILD MAY NOT BE HELD FOR 3,960
MORE THAN TWENTY-FOUR HOURS IN A DETENTION FACILITY. A CHILD 3,961
ALLEGED TO BE OR ADJUDICATED A NEGLECTED CHILD, AN ABUSED CHILD, 3,962
OR A DEPENDENT CHILD SHALL NOT BE HELD IN A DETENTION FACILITY. 3,963
(3) A CHILD WHO IS ALLEGED TO BE OR ADJUDICATED AN UNRULY 3,965
CHILD AND WHO IS TAKEN INTO CUSTODY ON A SATURDAY, SUNDAY, OR 3,967
LEGAL HOLIDAY, AS LISTED IN SECTION 1.14 OF THE REVISED CODE, MAY 3,968
BE HELD IN A DETENTION FACILITY UNTIL THE NEXT SUCCEEDING DAY 3,969
THAT IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY. 3,970
Sec. 2151.313. (A)(1) Except as provided in division 3,979
(A)(2) of this section and in sections 109.57, 109.60, and 109.61 3,981
of the Revised Code, no child shall be fingerprinted or 3,982
photographed in the investigation of any violation of law without 3,983
the consent of the juvenile judge. 3,984
(2) Subject to division (A)(3) of this section, a law 3,987
enforcement officer may fingerprint and photograph a child 3,988
without the consent of the juvenile judge when the child is 3,989
arrested or otherwise taken into custody for the commission of an 3,990
90
act that would be an offense, other than a traffic offense or a 3,991
minor misdemeanor, if committed by an adult, and there is 3,992
probable cause to believe that the child may have been involved 3,993
in the commission of the act. A law enforcement officer who 3,994
takes fingerprints or photographs of a child under division 3,995
(A)(2) of this section immediately shall inform the juvenile 3,996
court that the fingerprints or photographs were taken and shall 3,997
provide the court with the identity of the child, the number of 3,998
fingerprints and photographs taken, and the name and address of 3,999
each person who has custody and control of the fingerprints or 4,000
photographs or copies of the fingerprints or photographs. 4,001
(3) This section does not apply to a child to whom either 4,004
of the following applies:
(a) The child has been arrested or otherwise taken into 4,007
custody for committing, or has been adjudicated a delinquent 4,008
child for committing, an act that would be a felony if committed 4,009
by an adult or has been convicted of or pleaded guilty to 4,010
committing a felony. 4,011
(b) There is probable cause to believe that the child may 4,014
have committed an act that would be a felony if committed by an 4,015
adult.
(B)(1) Subject to divisions (B)(4), (5), and (6) of this 4,017
section, all fingerprints and photographs of a child obtained or 4,018
taken under division (A)(1) or (2) of this section, and any 4,019
records of the arrest or custody of the child that was the basis 4,020
for the taking of the fingerprints or photographs, initially may 4,021
be retained only until the expiration of thirty days after the 4,022
date taken, except that the court may limit the initial retention 4,023
of fingerprints and photographs of a child obtained under 4,024
division (A)(1) of this section to a shorter period of time and 4,025
except that, if the child is adjudicated a delinquent child for 4,026
the commission of an act described in division (B)(3) of this 4,027
section or is convicted of or pleads guilty to a criminal offense 4,028
for the commission of an act described in division (B)(3) of this 4,029
91
section, the fingerprints and photographs, and the records of the 4,030
arrest or custody of the child that was the basis for the taking 4,031
of the fingerprints and photographs, shall be retained in 4,032
accordance with division (B)(3) of this section. During the 4,033
initial period of retention, the fingerprints and photographs of 4,034
a child, copies of the fingerprints and photographs, and records 4,035
of the arrest or custody of the child shall be used or released 4,036
only in accordance with division (C) of this section. At the 4,037
expiration of the initial period for which fingerprints and 4,038
photographs of a child, copies of fingerprints and photographs of 4,039
a child, and records of the arrest or custody of a child may be 4,040
retained under this division, if no complaint, INDICTMENT, OR 4,041
INFORMATION is pending against the child in relation to the act 4,043
for which the fingerprints and photographs originally were 4,044
obtained or taken and if the child has neither been adjudicated a 4,045
delinquent child for the commission of that act nor been 4,046
convicted of or pleaded guilty to a criminal offense based on 4,047
that act subsequent to a transfer of the child's case for 4,048
criminal prosecution pursuant to section 2151.26 2152.12 of the 4,049
Revised Code, the fingerprints and photographs of the child, all 4,051
copies of the fingerprints and photographs, and all records of 4,052
the arrest or custody of the child that was the basis of the 4,053
taking of the fingerprints and photographs shall be removed from 4,054
the file and delivered to the juvenile court.
(2) If, at the expiration of the initial period of 4,056
retention set forth in division (B)(1) of this section, a 4,057
complaint, INDICTMENT, OR INFORMATION is pending against the 4,058
child in relation to the act for which the fingerprints and 4,060
photographs originally were obtained or the child either has been 4,061
adjudicated a delinquent child for the commission of an act other 4,062
than an act described in division (B)(3) of this section or has 4,063
been convicted of or pleaded guilty to a criminal offense for the 4,064
commission of an act other than an act described in division 4,065
(B)(3) of this section subsequent to transfer of the child's 4,066
92
case, the fingerprints and photographs of the child, copies of 4,067
the fingerprints and photographs, and the records of the arrest 4,068
or custody of the child that was the basis of the taking of the 4,069
fingerprints and photographs may further be retained, subject to 4,070
division (B)(4) of this section, until the earlier of the 4,071
expiration of two years after the date on which the fingerprints 4,072
or photographs were taken or the child attains eighteen years of 4,073
age, except that, if the child is adjudicated a delinquent child 4,074
for the commission of an act described in division (B)(3) of this 4,075
section or is convicted of or pleads guilty to a criminal offense 4,076
for the commission of an act described in division (B)(3) of this 4,077
section, the fingerprints and photographs, and the records of the 4,078
arrest or custody of the child that was the basis for the taking 4,079
of the fingerprints and photographs, shall be retained in 4,080
accordance with division (B)(3) of this section. 4,081
Except as otherwise provided in division (B)(3) of this 4,083
section, during this additional period of retention, the 4,084
fingerprints and photographs of a child, copies of the 4,085
fingerprints and photographs of a child, and records of the 4,086
arrest or custody of a child shall be used or released only in 4,087
accordance with division (C) of this section. At the expiration 4,088
of the additional period, if no complaint, INDICTMENT, OR 4,089
INFORMATION is pending against the child in relation to the act 4,091
for which the fingerprints originally were obtained or taken or 4,092
in relation to another act for which the fingerprints were used 4,093
as authorized by division (C) of this section and that would be a 4,094
felony if committed by an adult, the fingerprints of the child, 4,095
all copies of the fingerprints, and all records of the arrest or 4,096
custody of the child that was the basis of the taking of the 4,097
fingerprints shall be removed from the file and delivered to the 4,098
juvenile court, and, if no complaint, INDICTMENT, OR INFORMATION 4,099
is pending against the child concerning the act for which the 4,101
photographs originally were obtained or taken or concerning an 4,102
act that would be a felony if committed by an adult, the 4,103
93
photographs and all copies of the photographs, and, if no 4,104
fingerprints were taken at the time the photographs were taken, 4,105
all records of the arrest or custody that was the basis of the 4,106
taking of the photographs shall be removed from the file and
delivered to the juvenile court. In either case, if, at the 4,107
expiration of the applicable additional period, such a complaint, 4,108
INDICTMENT, OR INFORMATION is pending against the child, the 4,109
photographs and copies of the photographs of the child, or the 4,111
fingerprints and copies of the fingerprints of the child, 4,112
whichever is applicable, and the records of the arrest or custody 4,113
of the child may be retained, subject to division (B)(4) of this 4,114
section, until final disposition of the complaint, INDICTMENT, OR 4,115
INFORMATION, and, upon final disposition of the complaint, 4,117
INDICTMENT, OR INFORMATION, they shall be removed from the file 4,118
and delivered to the juvenile court, except that, if the child is 4,119
adjudicated a delinquent child for the commission of an act 4,120
described in division (B)(3) of this section or is convicted of 4,121
or pleads guilty to a criminal offense for the commission of an 4,122
act described in division (B)(3) of this section, the 4,123
fingerprints and photographs, and the records of the arrest or 4,124
custody of the child that was the basis for the taking of the 4,125
fingerprints and photographs, shall be retained in accordance 4,126
with division (B)(3) of this section. 4,127
(3) If a child is adjudicated a delinquent child for 4,129
violating section 2923.42 of the Revised Code or for committing 4,131
an act that would be a misdemeanor offense of violence if
committed by an adult, or is convicted of or pleads guilty to a 4,133
violation of section 2923.42 of the Revised Code, a misdemeanor 4,135
offense of violence, or a violation of an existing or former 4,136
municipal ordinance or law of this state, another state, or the 4,138
United States that is substantially equivalent to section 2923.42 4,139
of the Revised Code or any misdemeanor offense of violence, both 4,140
of the following apply: 4,141
(a) Originals and copies of fingerprints and photographs 4,143
94
of the child obtained or taken under division (A)(1) of this 4,144
section, and any records of the arrest or custody that was the 4,145
basis for the taking of the fingerprints or photographs, may be 4,146
retained for the period of time specified by the juvenile judge 4,147
in that judge's grant of consent for the taking of the 4,148
fingerprints or photographs. Upon the expiration of the 4,149
specified period, all originals and copies of the fingerprints, 4,150
photographs, and records shall be delivered to the juvenile court 4,151
or otherwise disposed of in accordance with any instructions 4,152
specified by the juvenile judge in that judge's grant of consent. 4,153
During the period of retention of the photographs and records, 4,154
all originals and copies of them shall be retained in a file 4,155
separate and apart from all photographs taken of adults. During 4,156
the period of retention of the fingerprints, all originals and 4,157
copies of them may be maintained in the files of fingerprints 4,158
taken of adults. If the juvenile judge who grants consent for 4,159
the taking of fingerprints and photographs under division (A)(1) 4,160
of this section does not specify a period of retention in that 4,161
judge's grant of consent, originals and copies of the 4,163
fingerprints, photographs, and records may be retained in 4,164
accordance with this section as if the fingerprints and 4,165
photographs had been taken under division (A)(2) of this section. 4,166
(b) Originals and copies of fingerprints and photographs 4,168
taken under division (A)(2) of this section, and any records of 4,169
the arrest or custody that was the basis for the taking of the 4,170
fingerprints or photographs, may be retained for the period of 4,171
time and in the manner specified in division (B)(3)(b) of this 4,173
section. Prior to the child's attainment of eighteen years of 4,174
age, all originals and copies of the photographs and records 4,175
shall be retained and shall be kept in a file separate and apart 4,176
from all photographs taken of adults. During the period of 4,177
retention of the fingerprints, all originals and copies of them 4,178
may be maintained in the files of fingerprints taken of adults. 4,179
Upon the child's attainment of eighteen years of age, all 4,180
95
originals and copies of the fingerprints, photographs, and 4,181
records shall be disposed of as follows: 4,182
(i) If the juvenile judge issues or previously has issued 4,184
an order that specifies a manner of disposition of the originals 4,185
and copies of the fingerprints, photographs, and records, they 4,186
shall be delivered to the juvenile court or otherwise disposed of 4,187
in accordance with the order. 4,188
(ii) If the juvenile judge does not issue and has not 4,190
previously issued an order that specifies a manner of disposition 4,191
of the originals and copies of the fingerprints not maintained in 4,192
adult files, photographs, and records, the law enforcement 4,193
agency, in its discretion, either shall remove all originals and 4,194
copies of them from the file in which they had been maintained 4,195
and transfer them to the files that are used for the retention of 4,196
fingerprints and photographs taken of adults who are arrested 4,197
for, otherwise taken into custody for, or under investigation for 4,198
the commission of a criminal offense or shall remove them from 4,199
the file in which they had been maintained and deliver them to 4,200
the juvenile court. If the originals and copies of any 4,201
fingerprints of a child who attains eighteen years of age are 4,202
maintained in the files of fingerprints taken of adults or if 4,203
pursuant to division (B)(3)(b)(ii) of this section the agency 4,205
transfers the originals and copies of any fingerprints not 4,206
maintained in adult files, photographs, or records to the files 4,207
that are used for the retention of fingerprints and photographs 4,208
taken of adults who are arrested for, otherwise taken into 4,209
custody for, or under investigation for the commission of a 4,210
criminal offense, the originals and copies of the fingerprints, 4,211
photographs, and records may be maintained, used, and released 4,212
after they are maintained in the adult files or after the 4,213
transfer as if the fingerprints and photographs had been taken 4,214
of, and as if the records pertained to, an adult who was arrested 4,215
for, otherwise taken into custody for, or under investigation for 4,216
the commission of a criminal offense. 4,217
96
(4) If a sealing or expungement order issued under section 4,219
2151.358 of the Revised Code requires the sealing or destruction 4,220
of any fingerprints or photographs of a child obtained or taken 4,221
under division (A)(1) or (2) of this section or of the records of 4,222
an arrest or custody of a child that was the basis of the taking 4,223
of the fingerprints or photographs prior to the expiration of any 4,224
period for which they otherwise could be retained under division 4,225
(B)(1), (2), or (3) of this section, the fingerprints, 4,226
photographs, and arrest or custody records that are subject to 4,227
the order and all copies of the fingerprints, photographs, and 4,228
arrest or custody records shall be sealed or destroyed in 4,229
accordance with the order. 4,230
(5) All fingerprints of a child, photographs of a child, 4,232
records of an arrest or custody of a child, and copies delivered 4,233
to a juvenile court in accordance with division (B)(1), (2), or 4,234
(3) of this section shall be destroyed by the court, provided 4,235
that, if a complaint is filed against the child in relation to 4,237
any act to which the records pertain, the court shall maintain
all records of an arrest or custody of a child so delivered for 4,239
at least three years after the final disposition of the case or 4,240
after the case becomes inactive.
(6)(a) All photographs of a child and records of an arrest 4,242
or custody of a child retained pursuant to division (B) of this 4,243
section and not delivered to a juvenile court shall be kept in a 4,244
file separate and apart from fingerprints, photographs, and 4,245
records of an arrest or custody of an adult. All fingerprints of 4,246
a child retained pursuant to division (B) of this section and not 4,247
delivered to a juvenile court may be maintained in the files of 4,248
fingerprints taken of adults. 4,249
(b) If a child who is the subject of photographs or 4,251
fingerprints is adjudicated a delinquent child for the commission 4,252
of an act that would be an offense, other than a traffic offense 4,254
or a minor misdemeanor, if committed by an adult or is convicted 4,255
of or pleads guilty to a criminal offense, other than a traffic
97
offense or a minor misdemeanor, all fingerprints not maintained 4,257
in the files of fingerprints taken of adults and all photographs 4,258
of the child, and all records of the arrest or custody of the 4,259
child that is the basis of the taking of the fingerprints or 4,260
photographs, that are retained pursuant to division (B) of this 4,261
section and not delivered to a juvenile court shall be kept in a 4,262
file separate and apart from fingerprints, photographs, and 4,263
arrest and custody records of children who have not been 4,264
adjudicated a delinquent child for the commission of an act that 4,265
would be an offense, other than a traffic offense or a minor 4,266
misdemeanor, if committed by an adult and have not been convicted 4,267
of or pleaded guilty to a criminal offense other than a traffic 4,268
offense or a minor misdemeanor. 4,269
(C) Until they are delivered to the juvenile court or 4,271
sealed, transferred in accordance with division (B)(3)(b) of this 4,272
section, or destroyed pursuant to a sealing or expungement order, 4,273
the originals and copies of fingerprints and photographs of a 4,274
child that are obtained or taken pursuant to division (A)(1) or 4,275
(2) of this section, and the records of the arrest or custody of 4,276
the child that was the basis of the taking of the fingerprints or 4,277
photographs, shall be used or released only as follows: 4,278
(1) During the initial thirty-day period of retention, 4,280
originals and copies of fingerprints and photographs of a child, 4,281
and records of the arrest or custody of a child, shall be used, 4,282
prior to the filing of a complaint OR INFORMATION against OR THE 4,283
OBTAINING OF AN INDICTMENT OF the child in relation to the act 4,285
for which the fingerprints and photographs were originally 4,286
obtained or taken, only for the investigation of that act and 4,287
shall be released, prior to the filing of the complaint, only to 4,288
a court that would have jurisdiction of the child's case under 4,289
this chapter. Subsequent to the filing of a complaint OR
INFORMATION OR THE OBTAINING OF AN INDICTMENT, originals and 4,291
copies of fingerprints and photographs of a child, and records of 4,292
the arrest or custody of a child, shall be used or released 4,293
98
during the initial thirty-day period of retention only as 4,294
provided in division (C)(2)(a), (b), or (c) of this section.
(2) Originals and copies of fingerprints and photographs 4,296
of a child, and records of the arrest or custody of a child, that 4,297
are retained beyond the initial thirty-day period of retention 4,298
subsequent to the filing of a complaint OR INFORMATION OR THE 4,299
OBTAINING OF AN INDICTMENT, a delinquent child adjudication, or a 4,301
conviction of or guilty plea to a criminal offense shall be used 4,302
or released only as follows:
(a) Originals and copies of photographs of a child, and, 4,304
if no fingerprints were taken at the time the photographs were 4,305
taken, records of the arrest or custody of the child that was the 4,306
basis of the taking of the photographs, may be used only as 4,307
follows: 4,308
(i) They may be used for the investigation of the act for 4,310
which they originally were obtained or taken; if the child who is 4,311
the subject of the photographs is a suspect in the investigation, 4,312
for the investigation of any act that would be an offense if 4,313
committed by an adult; and for arresting or bringing the child 4,314
into custody. 4,315
(ii) If the child who is the subject of the photographs is 4,317
adjudicated a delinquent child for the commission of an act that 4,318
would be a felony if committed by an adult or is convicted of or 4,319
pleads guilty to a criminal offense that is a felony as a result 4,320
of the arrest or custody that was the basis of the taking of the 4,321
photographs, a law enforcement officer may use the photographs 4,322
for a photo line-up conducted as part of the investigation of any 4,323
act that would be a felony if committed by an adult, whether or 4,324
not the child who is the subject of the photographs is a suspect 4,325
in the investigation. 4,326
(b) Originals and copies of fingerprints of a child, and 4,328
records of the arrest or custody of the child that was the basis 4,329
of the taking of the fingerprints, may be used only for the 4,330
investigation of the act for which they originally were obtained 4,331
99
or taken; if a child is a suspect in the investigation, for the 4,332
investigation of another act that would be an offense if 4,333
committed by an adult; and for arresting or bringing the child 4,334
into custody. 4,335
(c) Originals and copies of fingerprints, photographs, and 4,337
records of the arrest or custody that was the basis of the taking 4,338
of the fingerprints or photographs shall be released only to the 4,339
following: 4,340
(i) Law enforcement officers of this state or a political 4,342
subdivision of this state, upon notification to the juvenile 4,343
court of the name and address of the law enforcement officer or 4,344
agency to whom or to which they will be released; 4,345
(ii) A court that has jurisdiction of the child's case 4,347
under Chapter CHAPTERS 2151. AND 2152. of the Revised Code or 4,349
subsequent to a transfer of the child's case for criminal 4,350
prosecution pursuant to section 2151.26 2152.12 of the Revised 4,351
Code.
(D) No person shall knowingly do any of the following: 4,353
(1) Fingerprint or photograph a child in the investigation 4,355
of any violation of law other than as provided in division (A)(1) 4,356
or (2) of this section or in sections 109.57, 109.60, and 109.61 4,358
of the Revised Code;
(2) Retain fingerprints or photographs of a child obtained 4,360
or taken under division (A)(1) or (2) of this section, copies of 4,361
fingerprints or photographs of that nature, or records of the 4,363
arrest or custody that was the basis of the taking of 4,364
fingerprints or photographs of that nature other than in 4,365
accordance with division (B) of this section; 4,367
(3) Use or release fingerprints or photographs of a child 4,369
obtained or taken under division (A)(1) or (2) of this section, 4,370
copies of fingerprints or photographs of that nature, or records 4,372
of the arrest or custody that was the basis of the taking of 4,373
fingerprints or photographs of that nature other than in 4,374
accordance with division (B) or (C) of this section. 4,375
100
Sec. 2151.314. (A) When a child is brought before the 4,384
court or delivered to a place of detention or shelter care 4,385
designated by the court, the intake or other authorized officer 4,386
of the court shall immediately make an investigation and shall 4,387
release the child unless it appears that the child's detention or 4,388
shelter care is warranted or required under section 2151.31 of 4,389
the Revised Code. 4,390
If the child is not so released, a complaint under section 4,392
2151.27 OR 2152.021 OR AN INFORMATION UNDER SECTION 2152.13 of 4,394
the Revised Code shall be filed OR AN INDICTMENT UNDER DIVISION 4,395
(C) OF SECTION 2152.13 OF THE REVISED CODE SHALL BE SOUGHT and an
informal detention or shelter care hearing held promptly, not 4,397
later than seventy-two hours after the child is placed in 4,398
detention or shelter care, to determine whether detention or 4,399
shelter care is required. Reasonable oral or written notice of 4,400
the time, place, and purpose of the detention or shelter care 4,401
hearing shall be given to the child and, if they can be found, to 4,402
the child's parents, guardian, or custodian. In cases in which 4,403
the complaint alleges a child to be an abused, neglected, or 4,404
dependent child, the notice given the parents, guardian, or 4,405
custodian shall inform them that a case plan may be prepared for 4,406
the child, the general requirements usually contained in case
plans, and the possible consequences of the failure to comply 4,407
with a journalized case plan. 4,408
Prior to the hearing, the court shall inform the parties of 4,411
their right to counsel and to appointed counsel or to the 4,412
services of the county public defender or joint county public
defender, if they are indigent, of the child's right to remain 4,413
silent with respect to any allegation of delinquency, and of the 4,414
name and telephone number of a court employee who can be 4,415
contacted during the normal business hours of the court to 4,416
arrange for the prompt appointment of counsel for any party who 4,417
is indigent. Unless it appears from the hearing that the child's 4,418
detention or shelter care is required under the provisions of 4,419
101
section 2151.31 of the Revised Code, the court shall order the 4,420
child's release as provided by section 2151.311 of the Revised 4,421
Code. If a parent, guardian, or custodian has not been so 4,422
notified and did not appear or waive appearance at the hearing, 4,423
upon the filing of an affidavit stating these facts, the court 4,424
shall rehear the matter without unnecessary delay. 4,425
(B) When the court conducts a hearing pursuant to division 4,427
(A) of this section, all of the following apply: 4,428
(1) The court shall determine whether an alleged abused, 4,430
neglected, or dependent child should remain or be placed in 4,431
shelter care; 4,432
(2) The court shall determine whether there are any 4,434
relatives of the child who are willing to be temporary custodians 4,436
of the child. If any relative is willing to be a temporary 4,437
custodian, the child would otherwise be placed or retained in 4,438
shelter care, and the appointment is appropriate, the court shall 4,439
appoint the relative as temporary custodian of the child, unless 4,440
the court appoints another relative as temporary custodian. If 4,441
it determines that the appointment of a relative as custodian 4,442
would not be appropriate, it shall issue a written opinion 4,443
setting forth the reasons for its determination and give a copy 4,444
of the opinion to all parties and to the guardian ad litem of the 4,445
child.
The court's consideration of a relative for appointment as 4,447
a temporary custodian does not make that relative a party to the 4,448
proceedings. 4,449
(3) The court shall comply with section 2151.419 of the 4,451
Revised Code.
(C) If a child is in shelter care following the filing of 4,453
a complaint pursuant to section 2151.27 OR 2152.021 of the 4,454
Revised Code, THE FILING OF AN INFORMATION, OR THE OBTAINING OF 4,455
AN INDICTMENT or following a hearing held pursuant to division 4,457
(A) of this section, any party, including the public children 4,458
services agency, and the guardian ad litem of the child may file 4,460
102
a motion with the court requesting that the child be released 4,461
from shelter care. The motion shall state the reasons why the 4,462
child should be released from shelter care and, if a hearing has 4,463
been held pursuant to division (A) of this section, any changes 4,464
in the situation of the child or the parents, guardian, or 4,465
custodian of the child that have occurred since that hearing and 4,466
that justify the release of the child from shelter care. Upon 4,467
the filing of the motion, the court shall hold a hearing in the 4,468
same manner as under division (A) of this section.
(D) Each juvenile court shall designate AT LEAST one court 4,470
employee to assist persons who are indigent in obtaining 4,471
appointed counsel. The court shall include in each notice given 4,472
pursuant to division (A) or (C) of this section and in each 4,473
summons served upon a party pursuant to this chapter, the name 4,474
and telephone number at which the EACH designated employee can be 4,475
contacted during the normal business hours of the court to 4,477
arrange for prompt appointment of counsel for indigent persons. 4,478
Sec. 2151.35. (A)(1) The EXCEPT AS OTHERWISE PROVIDED BY 4,487
DIVISION (A)(3) OF THIS SECTION OR IN SECTION 2152.13 OF THE 4,489
REVISED CODE, THE juvenile court may conduct its hearings in an 4,491
informal manner and may adjourn its hearings from time to time. 4,493
In the hearing of any case, THE COURT MAY EXCLUDE the general 4,495
public FROM ITS HEARINGS IN A PARTICULAR CASE IF THE COURT HOLDS
A SEPARATE HEARING TO DETERMINE WHETHER THAT EXCLUSION IS 4,496
APPROPRIATE. IF THE COURT DECIDES THAT EXCLUSION OF THE GENERAL 4,497
PUBLIC IS APPROPRIATE, THE COURT STILL may be excluded and only 4,500
ADMIT TO A PARTICULAR HEARING OR ALL OF THE HEARINGS RELATING TO 4,501
A PARTICULAR CASE those persons admitted who have a direct 4,502
interest in the case AND THOSE WHO DEMONSTRATE THAT THEIR NEED 4,503
FOR ACCESS OUTWEIGHS THE INTEREST IN KEEPING THE HEARING CLOSED. 4,504
Except cases involving children who are alleged to be 4,506
unruly or delinquent children for being habitual or chronic 4,507
truants AND EXCEPT AS OTHERWISE PROVIDED IN SECTION 2152.13 OF 4,508
THE REVISED CODE, all cases involving children shall be heard 4,509
103
separately and apart from the trial of cases against adults. The 4,510
court may excuse the attendance of the child at the hearing in 4,511
cases involving abused, neglected, or dependent children. The 4,512
court shall hear and determine all cases of children without a 4,513
jury, EXCEPT CASES INVOLVING SERIOUS YOUTHFUL OFFENDERS UNDER 4,515
SECTION 2152.13 OF THE REVISED CODE.
If a complaint alleges a child to be a delinquent child, 4,517
unruly child, or juvenile traffic offender, the court shall 4,518
require the parent, guardian, or custodian of the child to attend 4,519
all proceedings of the court regarding the child. If a parent, 4,520
guardian, or custodian fails to so attend, the court may find the 4,521
parent, guardian, or custodian in contempt. 4,522
If the court at the adjudicatory hearing finds from clear 4,524
and convincing evidence that the child is an abused, neglected, 4,525
or dependent child, the court shall proceed, in accordance with 4,526
division (B) of this section, to hold a dispositional hearing and 4,527
hear the evidence as to the proper disposition to be made under 4,528
section 2151.353 of the Revised Code. If the court at the 4,529
adjudicatory hearing finds beyond a reasonable doubt that the 4,530
child is a delinquent or unruly child or a juvenile traffic 4,531
offender, the court shall proceed immediately, or at a postponed 4,532
hearing, to hear the evidence as to the proper disposition to be 4,533
made under sections 2151.352 to 2151.355 SECTION 2151.354 OR 4,535
CHAPTER 2152. of the Revised Code. If the court at the 4,536
adjudicatory hearing finds beyond a reasonable doubt that the 4,537
child is an unruly child for being an habitual truant, or that 4,538
the child is an unruly child for being an habitual truant and 4,539
that the parent, guardian, or other person having care of the
child has failed to cause the child's attendance at school in 4,540
violation of section 3321.38 of the Revised Code, the court shall 4,542
proceed to hold a hearing to hear the evidence as to the proper 4,543
disposition to be made in regard to the child under division
(C)(1) of section 2151.354 of the Revised Code and the proper 4,545
action to take in regard to the parent, guardian, or other person 4,546
104
having care of the child under division (C)(2) of section 4,547
2151.354 of the Revised Code. If the court at the adjudicatory 4,548
hearing finds beyond a reasonable doubt that the child is a 4,549
delinquent child for being a chronic truant or for being an 4,550
habitual truant who previously has been adjudicated an unruly
child for being an habitual truant, or that the child is a 4,551
delinquent child for either of those reasons and the parent, 4,552
guardian, or other person having care of the child has failed to 4,553
cause the child's attendance at school in violation of section 4,554
3321.38 of the Revised Code, the court shall proceed to hold a 4,555
hearing to hear the evidence as to the proper disposition to be 4,556
made in regard to the child under division (A)(24)(6)(a) of 4,558
section 2151.355 2152.19 of the Revised Code and the proper 4,560
action to take in regard to the parent, guardian, or other person 4,561
having care of the child under division (A)(24)(6)(b) of section 4,562
2151.355 2152.19 of the Revised Code. 4,563
If the court does not find the child to be an abused, 4,565
neglected, dependent, delinquent, or unruly child or a juvenile 4,566
traffic offender, it shall order that the complaint CASE be 4,567
dismissed and that the child be discharged from any detention or 4,569
restriction theretofore ordered. 4,570
(2) A record of all testimony and other oral proceedings 4,572
in juvenile court shall be made in all proceedings that are held 4,573
pursuant to section 2151.414 of the Revised Code or in which an 4,574
order of disposition may be made pursuant to division (A)(4) of 4,575
section 2151.353 of the Revised Code, and shall be made upon 4,576
request in any other proceedings. The record shall be made as 4,577
provided in section 2301.20 of the Revised Code. 4,578
(3) THE AUTHORITY OF A JUVENILE COURT TO EXCLUDE THE 4,580
GENERAL PUBLIC FROM ITS HEARINGS THAT IS PROVIDED BY DIVISION 4,581
(A)(1) OF THIS SECTION DOES NOT LIMIT OR AFFECT ANY RIGHT OF A 4,582
VICTIM OF A CRIME OR DELINQUENT ACT, OR OF A VICTIM'S 4,583
REPRESENTATIVE, UNDER CHAPTER 2930. OF THE REVISED CODE. 4,584
(B)(1) If the court at an adjudicatory hearing determines 4,586
105
that a child is an abused, neglected, or dependent child, the 4,587
court shall not issue a dispositional order until after the court 4,588
holds a separate dispositional hearing. The court may hold the 4,589
dispositional hearing for an adjudicated abused, neglected, or 4,591
dependent child immediately after the adjudicatory hearing if all 4,593
parties were served prior to the adjudicatory hearing with all 4,594
documents required for the dispositional hearing. The 4,595
dispositional hearing may not be held more than thirty days after 4,596
the adjudicatory hearing is held. The court, upon the request of 4,597
any party or the guardian ad litem of the child, may continue a 4,598
dispositional hearing for a reasonable time not to exceed the 4,599
time limits set forth in this division to enable a party to 4,600
obtain or consult counsel. The dispositional hearing shall not 4,601
be held more than ninety days after the date on which the 4,602
complaint in the case was filed. 4,603
If the dispositional hearing is not held within the period 4,605
of time required by this division, the court, on its own motion 4,606
or the motion of any party or the guardian ad litem of the child, 4,607
shall dismiss the complaint without prejudice. 4,608
(2) The dispositional hearing shall be conducted in 4,610
accordance with all of the following: 4,611
(a) The judge or referee who presided at the adjudicatory 4,613
hearing shall preside, if possible, at the dispositional hearing; 4,614
(b) The court may admit any evidence that is material and 4,616
relevant, including, but not limited to, hearsay, opinion, and 4,617
documentary evidence; 4,618
(c) Medical examiners and each investigator who prepared a 4,620
social history shall not be cross-examined, except upon consent 4,621
of the parties, for good cause shown, or as the court in its 4,622
discretion may direct. Any party may offer evidence 4,623
supplementing, explaining, or disputing any information contained 4,624
in the social history or other reports that may be used by the 4,625
court in determining disposition. 4,626
(3) After the conclusion of the dispositional hearing, the 4,628
106
court shall enter an appropriate judgment within seven days and 4,629
shall schedule the date for the hearing to be held pursuant to 4,630
section 2151.415 of the Revised Code. The court may make any 4,631
order of disposition that is set forth in section 2151.353 of the 4,632
Revised Code. A copy of the judgment shall be given to each 4,633
party and to the child's guardian ad litem. If the judgment is 4,634
conditional, the order shall state the conditions of the 4,635
judgment. If the child is not returned to the child's own home, 4,637
the court shall determine which school district shall bear the
cost of the child's education and shall comply with section 4,639
2151.36 of the Revised Code.
(4) As part of its dispositional order, the court may 4,641
issue any order described in division (B) of section 2151.33 of 4,642
the Revised Code. 4,643
(C) The court shall give all parties to the action and the 4,645
child's guardian ad litem notice of the adjudicatory and 4,646
dispositional hearings in accordance with the Juvenile Rules. 4,647
(D) If the court issues an order pursuant to division 4,649
(A)(4) of section 2151.353 of the Revised Code committing a child 4,650
to the permanent custody of a public children services agency or 4,651
a private child placing agency, the parents of the child whose 4,652
parental rights were terminated cease to be parties to the action 4,653
upon the issuance of the order. This division is not intended to 4,654
eliminate or restrict any right of the parents to appeal the 4,655
permanent custody order issued pursuant to division (A)(4) of 4,656
section 2151.353 of the Revised Code. 4,657
(E) Each juvenile court shall schedule its hearings in 4,659
accordance with the time requirements of this chapter. 4,660
(F) In cases regarding abused, neglected, or dependent 4,662
children, the court may admit any statement of a child that the 4,663
court determines to be excluded by the hearsay rule if the 4,664
proponent of the statement informs the adverse party of the 4,665
proponent's intention to offer the statement and of the 4,667
particulars of the statement, including the name of the 4,668
107
declarant, sufficiently in advance of the hearing to provide the 4,669
party with a fair opportunity to prepare to challenge, respond 4,670
to, or defend against the statement, and the court determines all 4,671
of the following: 4,672
(1) The statement has circumstantial guarantees of 4,674
trustworthiness; 4,675
(2) The statement is offered as evidence of a material 4,677
fact; 4,678
(3) The statement is more probative on the point for which 4,680
it is offered than any other evidence that the proponent can 4,681
procure through reasonable efforts; 4,682
(4) The general purposes of the evidence rules and the 4,684
interests of justice will best be served by the admission of the 4,685
statement into evidence. 4,686
(G) If a child is alleged to be an abused child, the court 4,688
may order that the testimony of the child be taken by deposition. 4,689
On motion of the prosecuting attorney, guardian ad litem, or any 4,690
party, or in its own discretion, the court may order that the 4,691
deposition be videotaped. Any deposition taken under this 4,692
division shall be taken with a judge or referee present. 4,693
If a deposition taken under this division is intended to be 4,695
offered as evidence at the hearing, it shall be filed with the 4,696
court. Part or all of the deposition is admissible in evidence 4,697
if counsel for all parties had an opportunity and similar motive 4,698
at the time of the taking of the deposition to develop the 4,699
testimony by direct, cross, or redirect examination and the judge 4,700
determines that there is reasonable cause to believe that if the 4,701
child were to testify in person at the hearing, the child would 4,702
experience emotional trauma as a result of participating at the 4,703
hearing.
Sec. 2151.352. A child, his OR THE CHILD'S parents, 4,713
custodian, or other person in loco parentis of such child is 4,715
entitled to representation by legal counsel at all stages of the 4,716
proceedings UNDER THIS CHAPTER OR CHAPTER 2152. OF THE REVISED 4,717
108
CODE and if, as an indigent person, he ANY SUCH PERSON is unable 4,718
to employ counsel, to have counsel provided for him THE PERSON 4,720
pursuant to Chapter 120. of the Revised Code. If a party appears 4,722
without counsel, the court shall ascertain whether he THE PARTY 4,723
knows of his THE PARTY'S right to counsel and of his THE PARTY'S 4,725
right to be provided with counsel if he THE PARTY is an indigent 4,726
person. The court may continue the case to enable a party to 4,727
obtain counsel or to be represented by the county public defender 4,728
or the joint county public defender and shall provide counsel 4,729
upon request pursuant to Chapter 120. of the Revised Code. 4,730
Counsel must be provided for a child not represented by his THE 4,731
CHILD'S parent, guardian, or custodian. If the interests of two 4,733
or more such parties conflict, separate counsel shall be provided 4,734
for each of them. 4,735
Section 2935.14 of the Revised Code applies to any child 4,736
taken into custody. The parents, custodian, or guardian of such 4,737
child, and any attorney at law representing them or the child, 4,738
shall be entitled to visit such child at any reasonable time, be 4,739
present at any hearing involving the child, and be given 4,740
reasonable notice of such hearing. 4,741
Any report or part thereof concerning such child, which is 4,743
used in the hearing and is pertinent thereto, shall for good 4,744
cause shown be made available to any attorney at law representing 4,745
such child and to any attorney at law representing the parents, 4,746
custodian, or guardian of such child, upon written request prior 4,747
to any hearing involving such child. 4,748
Sec. 2151.354. (A) If the child is adjudicated an unruly 4,757
child, the court may: 4,758
(1) Make any of the dispositions authorized under section 4,760
2151.353 of the Revised Code; 4,761
(2) Place the child on probation COMMUNITY CONTROL under 4,763
any SANCTIONS, SERVICES, AND conditions that the court 4,764
prescribes, AS DESCRIBED IN DIVISION (A)(3) OF SECTION 2152.19 OF 4,765
THE REVISED CODE;
109
(3) Suspend or revoke the driver's license, probationary 4,767
driver's license, or temporary instruction permit issued to the 4,768
child and suspend or revoke the registration of all motor 4,769
vehicles registered in the name of the child. A child whose 4,770
license or permit is so suspended or revoked is ineligible for 4,771
issuance of a license or permit during the period of suspension 4,772
or revocation. At the end of the period of suspension or
revocation, the child shall not be reissued a license or permit 4,773
until the child has paid any applicable reinstatement fee and 4,774
complied with all requirements governing license reinstatement. 4,775
(4) Commit the child to the temporary or permanent custody 4,777
of the court;
(5) If, after making a disposition under division (A)(1), 4,779
(2), or (3) of this section, the court finds upon further hearing 4,780
that the child is not amenable to treatment or rehabilitation 4,781
under that disposition, make a disposition otherwise authorized 4,782
under divisions (A)(1), (2) (3), (4), and (A)(8) to (12)(7) of 4,784
section 2151.355 2152.19 of the Revised Code, except that the 4,786
child may not be committed to or placed in a secure correctional 4,787
facility, and commitment to or placement in a detention home 4,788
FACILITY may not exceed twenty-four hours unless authorized by 4,790
division (C)(B)(3) of section 2151.312 or sections 2151.56 to 4,792
2151.61 of the Revised Code.
(B) If a child is adjudicated an unruly child for 4,794
committing any act that, if committed by an adult, would be a 4,795
drug abuse offense, as defined in section 2925.01 of the Revised 4,796
Code, or a violation of division (B) of section 2917.11 of the 4,797
Revised Code, then, in addition to imposing, in its discretion, 4,798
any other order of disposition authorized by this section, the 4,799
court shall do both of the following: 4,800
(1) Require the child to participate in a drug abuse or 4,802
alcohol abuse counseling program; 4,803
(2) Suspend or revoke the temporary instruction permit, 4,805
probationary driver's license, or driver's license issued to the 4,807
110
child for a period of time prescribed by the court or, at the 4,808
discretion of the court, until the child attends and 4,809
satisfactorily completes a drug abuse or alcohol abuse education, 4,810
intervention, or treatment program specified by the court. 4,811
During the time the child is attending the program, the court 4,812
shall retain any temporary instruction permit, probationary 4,813
driver's license, or driver's license issued to the child and 4,814
shall return the permit or license when the child satisfactorily 4,815
completes the program. 4,816
(C)(1) If a child is adjudicated an unruly child for being 4,818
an habitual truant, in addition to or in lieu of imposing any 4,820
other order of disposition authorized by this section, the court 4,821
may do any of the following: 4,822
(a) Order the board of education of the child's school 4,824
district or the governing board of the educational service center 4,825
in the child's school district to require the child to attend an 4,826
alternative school if an alternative school has been established 4,827
pursuant to section 3313.533 of the Revised Code in the school 4,828
district in which the child is entitled to attend school; 4,829
(b) Require the child to participate in any academic 4,831
program or community service program; 4,832
(c) Require the child to participate in a drug abuse or 4,834
alcohol abuse counseling program; 4,835
(d) Require that the child receive appropriate medical or 4,837
psychological treatment or counseling; 4,838
(e) Make any other order that the court finds proper to 4,840
address the child's habitual truancy, including an order 4,841
requiring the child to not be absent without legitimate excuse 4,843
from the public school the child is supposed to attend for five 4,844
or more consecutive days, seven or more school days in one school 4,845
month, or twelve or more school days in a school year and 4,846
including an order requiring the child to participate in a 4,847
truancy prevention mediation program. 4,848
(2) If a child is adjudicated an unruly child for being an 4,851
111
habitual truant and the court determines that the parent, 4,852
guardian, or other person having care of the child has failed to 4,853
cause the child's attendance at school in violation of section 4,854
3321.38 of the Revised Code, in addition to any order of 4,855
disposition authorized by this section, all of the following 4,856
apply:
(a) The court may require the parent, guardian, or other 4,858
person having care of the child to participate in any community 4,860
service program, preferably a community service program that 4,861
requires the involvement of the parent, guardian, or other person 4,862
having care of the child in the school attended by the child. 4,863
(b) The court may require the parent, guardian, or other 4,866
person having care of the child to participate in a truancy 4,867
prevention mediation program.
(c) The court shall warn the parent, guardian, or other 4,869
person having care of the child that any subsequent adjudication 4,870
of the child as an unruly or delinquent child for being an 4,871
habitual or chronic truant may result in a criminal charge 4,872
against the parent, guardian, or other person having care of the 4,873
child for a violation of division (C) of section 2919.21 or 4,874
section 2919.24 of the Revised Code. 4,875
Sec. 2151.357. In the manner prescribed by division (C)(2) 4,884
of section 3313.64 of the Revised Code, the court, at the time of 4,886
making any order that removes a child from the child's own home 4,887
or that vests legal or permanent custody of the child in a person
other than the child's parent or a government agency, shall 4,889
determine the school district that is to bear the cost of 4,891
educating the child. The court shall make the determination a 4,893
part of the order that provides for the child's placement or 4,894
commitment.
Whenever a child is placed in a detention home FACILITY 4,896
established under section 2151.34 2152.41 of the Revised Code or 4,898
a juvenile facility established under section 2151.65 of the 4,900
Revised Code, the child's school district as determined by the 4,901
112
court shall pay the cost of educating the child based on the per 4,902
capita cost of the educational facility within the detention home 4,903
or juvenile facility.
Whenever a child is placed by the court in a private 4,905
institution, school, or residential treatment center or any other 4,907
private facility, the state shall pay to the court a subsidy to 4,908
help defray the expense of educating the child in an amount equal 4,909
to the product of the daily per capita educational cost of the 4,910
private facility, as determined pursuant to this section, and the 4,912
number of days the child resides at the private facility, 4,913
provided that the subsidy shall not exceed twenty-five hundred 4,915
dollars per year per child. The daily per capita educational
cost of a private facility shall be determined by dividing the 4,916
actual program cost of the private facility or twenty-five 4,917
hundred dollars, whichever is less, by three hundred sixty-five 4,918
days or by three hundred sixty-six days for years that include 4,919
February twenty-ninth. The state shall pay seventy-five per cent 4,920
of the total subsidy for each year quarterly to the court. The 4,921
state may adjust the remaining twenty-five per cent of the total 4,923
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 4,924
year based upon the availability of funds appropriated to the 4,925
department of education for the purpose of subsidizing courts 4,926
that place a child in a private institution, school, or 4,927
residential treatment center or any other private facility and
shall pay that adjusted amount to the court at the end of the 4,928
year.
Sec. 2151.358. (A) As used in this section, "seal a 4,937
record" means to remove a record from the main file of similar 4,938
records and to secure it in a separate file that contains only 4,939
sealed records and that is accessible only to the juvenile court. 4,940
A record that is sealed shall be destroyed by all persons and 4,941
governmental bodies except the juvenile court. 4,942
(B) The department of youth services and any other 4,944
113
institution or facility that unconditionally discharges a person 4,945
who has been adjudicated a delinquent child, an unruly child, or 4,947
a juvenile traffic offender shall immediately give notice of the 4,948
discharge to the court that committed the person. The court 4,949
shall note the date of discharge on a separate record of 4,950
discharges of those natures.
(C)(1)(a) Two years after the termination of any order 4,952
made by the court or two years after the unconditional discharge 4,953
of a person from the department of youth services or another 4,954
institution or facility to which the person may have been 4,956
committed, the court that issued the order or committed the 4,957
person shall do whichever of the following is applicable: 4,958
(i) If the person was adjudicated an unruly child, order 4,960
the record of the person sealed; 4,961
(ii) If the person was adjudicated a delinquent child for 4,964
committing an act other than a violation of section 2903.01, 4,965
2903.02, 2907.02, 2907.03, or 2907.05 of the Revised Code or was
adjudicated a juvenile traffic offender, either order the record 4,967
of the person sealed or send the person notice of the person's 4,968
right to have that record sealed. 4,969
(b) Division (C)(1)(a) of this section does not apply 4,972
regarding a person who was adjudicated a delinquent child for
committing a violation of section 2903.01, 2903.02, 2907.02, 4,974
2907.03, or 2907.05 of the Revised Code.
(2) The court shall send the notice described in division 4,976
(C)(1)(a)(ii) of this section within ninety days after the 4,978
expiration of the two-year period described in division (C)(1)(a)
of this section by certified mail, return receipt requested, to 4,980
the person's last known address. The notice shall state that the 4,982
person may apply to the court for an order to seal the person's
record, explain what sealing a record means, and explain the 4,983
possible consequences of not having the person's record sealed. 4,984
(D)(1) At any time after the two-year period described in 4,986
division (C)(1)(a) of this section has elapsed, any person who 4,988
114
has been adjudicated a delinquent child for committing an act 4,989
other than a violation of section 2903.01, 2903.02, 2907.02, 4,990
2907.03, or 2907.05 of the Revised Code or who has been
adjudicated a juvenile traffic offender may apply to the court 4,991
for an order to seal the person's record. The court shall hold a 4,993
hearing on each application within sixty days after the 4,994
application is received. Notice of the hearing on the
application shall be given to the prosecuting attorney and to any 4,995
other public office or agency known to have a record of the prior 4,996
adjudication. If the court finds that the rehabilitation of the 4,997
person who was adjudicated a delinquent child or a juvenile 4,998
traffic offender has been attained to a satisfactory degree, the 5,000
court may order the record of the person sealed. 5,001
(2) Division (D)(1) of this section does not apply 5,003
regarding a person who was adjudicated a delinquent child for 5,004
committing a violation of section 2903.01, 2903.02, 2907.02, 5,005
2907.03, or 2907.05 of the Revised Code. 5,006
(E)(1) If the court orders the adjudication record of a 5,008
person sealed pursuant to division (C) or (D) of this section, 5,009
the court, except as provided in division (K) of this section, 5,011
shall order that the proceedings in the case in which the person 5,012
was adjudicated a juvenile traffic offender, a delinquent child, 5,013
or an unruly child be deemed never to have occurred. Except as 5,014
provided in division (G)(2) of this section, all index references 5,015
to the case and the person shall be deleted, and the person and 5,016
the court properly may reply that no record exists with respect 5,017
to the person upon any inquiry in the matter. 5,018
(2) Inspection of records that have been ordered sealed 5,021
under division (E)(1) of this section may be made only by the 5,022
following persons or for the following purposes:
(a) If the records in question pertain to an act that 5,024
would be an offense of violence that would be a felony if 5,025
committed by an adult, by any law enforcement officer or any 5,026
prosecutor, or the assistants of a law enforcement officer or 5,027
115
prosecutor, for any valid law enforcement or prosecutorial 5,028
purpose;
(b) Upon application by the person who is the subject of 5,030
the sealed records, by the persons that are named in that 5,031
application.
(F) Any person who has been arrested and charged with 5,033
being a delinquent child or a juvenile traffic offender and who 5,034
is adjudicated not guilty of the charges in the case or has the 5,036
charges in the case dismissed may apply to the court for an 5,037
expungement of the record in the case. The application may be 5,039
filed at any time after the person is adjudicated not guilty or
the charges against the person are dismissed. The court shall 5,040
give notice to the prosecuting attorney of any hearing on the 5,041
application. The court may initiate the expungement proceedings 5,042
on its own motion. 5,043
Any person who has been arrested and charged with being an 5,045
unruly child and who is adjudicated not guilty of the charges in 5,047
the case or has the charges in the case dismissed may apply to 5,048
the court for an expungement of the record in the case. The 5,049
court shall initiate the expungement proceedings on its own 5,050
motion if an application for expungement is not filed.
If the court upon receipt of an application for expungement 5,052
or upon its own motion determines that the charges against any 5,053
person in any case were dismissed or that any person was 5,054
adjudicated not guilty in any case, the court shall order that 5,055
the records of the case be expunged and that the proceedings in 5,056
the case be deemed never to have occurred. If the applicant for 5,057
the expungement order, with the written consent of the 5,058
applicant's parents or guardian if the applicant is a minor and 5,059
with the written approval of the court, waives in writing the 5,060
applicant's right to bring any civil action based on the arrest 5,061
for which the expungement order is applied, the court shall order 5,062
the appropriate persons and governmental agencies to delete all 5,063
index references to the case; destroy or delete all court records 5,064
116
of the case; destroy all copies of any pictures and fingerprints 5,065
taken of the person pursuant to the expunged arrest; and destroy, 5,066
erase, or delete any reference to the arrest that is maintained 5,067
by the state or any political subdivision of the state, except a 5,068
record of the arrest that is maintained for compiling statistical 5,069
data and that does not contain any reference to the person. 5,070
If the applicant for an expungement order does not waive in 5,072
writing the right to bring any civil action based on the arrest 5,073
for which the expungement order is applied, the court, in 5,074
addition to ordering the deletion, destruction, or erasure of all 5,075
index references and court records of the case and of all 5,076
references to the arrest that are maintained by the state or any 5,077
political subdivision of the state, shall order that a copy of 5,078
all records of the case, except fingerprints held by the court or 5,079
a law enforcement agency, be delivered to the court. The court 5,080
shall seal all of the records delivered to the court in a 5,081
separate file in which only sealed records are maintained. The 5,082
sealed records shall be kept by the court until the statute of 5,083
limitations expires for any civil action based on the arrest, any 5,084
pending litigation based on the arrest is terminated, or the 5,085
applicant files a written waiver of the right to bring a civil 5,086
action based on the arrest. After the expiration of the statute 5,087
of limitations, the termination of the pending litigation, or the 5,088
filing of the waiver, the court shall destroy the sealed records. 5,089
After the expungement order has been issued, the court 5,091
shall, and the person may properly, reply that no record of the 5,092
case with respect to the person exists. 5,093
(G)(1) The court shall send notice of the order to expunge 5,095
or seal to any public office or agency that the court has reason 5,096
to believe may have a record of the expunged or sealed record. 5,097
Except as provided in division (K) of this section, an order to 5,098
seal or expunge under this section applies to every public office 5,099
or agency that has a record of the prior adjudication or arrest, 5,100
regardless of whether it receives notice of the hearing on the 5,101
117
expungement or sealing of the record or a copy of the order to 5,102
expunge or seal the record. Except as provided in division (K) 5,103
of this section, upon the written request of a person whose 5,104
record has been expunged and the presentation of a copy of the 5,106
order to expunge, a public office or agency shall destroy its 5,107
record of the prior adjudication or arrest, except a record of 5,108
the adjudication or arrest that is maintained for compiling 5,109
statistical data and that does not contain any reference to the 5,110
person who is the subject of the order to expunge. 5,111
(2) The person, or the public office or agency, that 5,113
maintains sealed records pertaining to an adjudication of a child 5,114
as a delinquent child may maintain a manual or computerized index 5,116
to the sealed records. The index shall contain only the name of,
and alphanumeric identifiers that relate to, the persons who are 5,118
the subject of the sealed records, the word "sealed," and the 5,119
name of the person, or the public office or agency that has 5,120
custody of the sealed records and shall not contain the name of 5,121
the delinquent act committed. The person who has custody of the 5,122
sealed records shall make the index available only for the
purposes set forth in divisions (E)(2) and (H) of this section. 5,123
(H) The judgment rendered by the court under this chapter 5,125
shall not impose any of the civil disabilities ordinarily imposed 5,126
by conviction of a crime in that the child is not a criminal by 5,127
reason of the adjudication and no child shall be charged with or 5,128
convicted of a crime in any court except as provided by this 5,129
chapter. The disposition of a child under the judgment rendered 5,130
or any evidence given in court shall not operate to disqualify a 5,131
child in any future civil service examination, appointment, or 5,132
application. Evidence of a judgment rendered and the disposition 5,133
of a child under the judgment is not admissible to impeach the 5,134
credibility of the child in any action or proceeding. Otherwise, 5,135
the disposition of a child under the judgment rendered or any 5,136
evidence given in court is admissible as evidence for or against 5,137
the child in any action or proceeding in any court in accordance 5,138
118
with the Rules of Evidence and also may be considered by any 5,139
court as to the matter of sentence or to the granting of 5,140
probation, and a court may consider the judgment rendered and the 5,141
disposition of a child under that judgment for purposes of 5,142
determining whether the child, for a future criminal conviction 5,143
or guilty plea, is a repeat violent offender, as defined in 5,144
section 2929.01 of the Revised Code.
(I) In any application for employment, license, or other 5,146
right or privilege, any appearance as a witness, or any other 5,147
inquiry, a person may not be questioned with respect to any 5,148
arrest for which the records were expunged. If an inquiry is 5,149
made in violation of this division, the person may respond as if 5,150
the expunged arrest did not occur, and the person shall not be 5,151
subject to any adverse action because of the arrest or the 5,152
response. 5,153
(J) An officer or employee of the state or any of its 5,155
political subdivisions who knowingly releases, disseminates, or 5,156
makes available for any purpose involving employment, bonding, 5,157
licensing, or education to any person or to any department, 5,158
agency, or other instrumentality of the state or of any of its 5,159
political subdivisions any information or other data concerning 5,160
any arrest, complaint, INDICTMENT, INFORMATION, trial, hearing, 5,162
adjudication, or correctional supervision, the records of which 5,163
have been expunged or sealed pursuant to this section and the 5,164
release, dissemination, or making available of which is not 5,165
expressly permitted by this section, is guilty of divulging 5,166
confidential information, a misdemeanor of the fourth degree. 5,167
(K) Notwithstanding any provision of this section that 5,169
requires otherwise, a board of education of a city, local, 5,170
exempted village, or joint vocational school district that 5,171
maintains records of an individual who has been permanently 5,172
excluded under sections 3301.121 and 3313.662 of the Revised Code 5,173
is permitted to maintain records regarding an adjudication that 5,174
the individual is a delinquent child that was used as the basis 5,175
119
for the individual's permanent exclusion, regardless of a court 5,176
order to seal the record. An order issued under this section to 5,177
seal the record of an adjudication that an individual is a 5,178
delinquent child does not revoke the adjudication order of the 5,179
superintendent of public instruction to permanently exclude the 5,180
individual who is the subject of the sealing order. An order 5,181
issued under this section to seal the record of an adjudication 5,182
that an individual is a delinquent child may be presented to a 5,183
district superintendent as evidence to support the contention 5,184
that the superintendent should recommend that the permanent 5,185
exclusion of the individual who is the subject of the sealing 5,186
order be revoked. Except as otherwise authorized by this 5,187
division and sections 3301.121 and 3313.662 of the Revised Code, 5,188
any school employee in possession of or having access to the 5,189
sealed adjudication records of an individual that were the basis 5,190
of a permanent exclusion of the individual is subject to division 5,191
(J) of this section. 5,192
Sec. 2151.359. (A)(1) In any proceeding in which a child 5,202
has been adjudicated a delinquent, AN unruly, abused, neglected, 5,203
or dependent child, on the application of a party, or on the 5,204
court's own motion, the court may make an order restraining or 5,205
otherwise controlling the conduct of any parent, guardian, or 5,206
other custodian in the relationship of that individual to the 5,207
child if the court finds both THAT AN ORDER OF THAT TYPE IS 5,208
NECESSARY TO DO EITHER of the following: 5,209
(a) An order of that nature is necessary to control 5,212
CONTROL any conduct or relationship that will be detrimental or 5,213
harmful to the child.
(b) That CONTROL ANY conduct or relationship THAT will 5,215
tend to defeat the execution of the order of disposition made or 5,217
to be made.
(2) The court shall give due notice of the application or 5,220
motion UNDER DIVISION (A) OF THIS SECTION, the grounds for the 5,222
application or motion, and an opportunity to be heard to the 5,223
120
person against whom an order under this division is directed. 5,225
THE ORDER MAY INCLUDE A REQUIREMENT THAT THE CHILD'S PARENT,
GUARDIAN, OR OTHER CUSTODIAN ENTER INTO A RECOGNIZANCE WITH 5,226
SUFFICIENT SURETY, CONDITIONED UPON THE FAITHFUL DISCHARGE OF ANY 5,227
CONDITIONS OR CONTROL REQUIRED BY THE COURT. 5,228
(B) The authority to make an order under division (A) of 5,230
this section and any order made under that authority is in 5,231
addition to the authority to make an order pursuant to division 5,232
(C)(2) of section 2151.354 or division (A)(24)(6)(b) of section 5,234
2151.355 2152.19 of the Revised Code and to any order made under 5,236
either division. 5,237
(C) A PERSON'S FAILURE TO COMPLY WITH ANY ORDER MADE BY 5,239
THE COURT UNDER THIS SECTION IS CONTEMPT OF COURT UNDER CHAPTER 5,240
2705. OF THE REVISED CODE.
Sec. 2151.3510. Before a juvenile court issues an order of 5,249
disposition pursuant to division (A)(1) of section 2151.354 or 5,250
2151.355 2152.19 of the Revised Code committing an unruly or 5,251
delinquent child to the custody of a public children services 5,254
agency, it shall give the agency notice in the manner prescribed 5,255
by the Juvenile Rules of the intended dispositional order. 5,256
Sec. 2151.36. When a child has been committed as provided 5,265
by this chapter OR CHAPTER 2152. OF THE REVISED CODE, the 5,266
juvenile court shall issue an order pursuant to sections 3113.21 5,267
to 3113.219 of the Revised Code requiring that the parent, 5,268
guardian, or person charged with the child's support pay for the 5,269
care, support, maintenance, and education of the child. The 5,271
juvenile court shall order that the parents, guardian, or person 5,272
pay for the expenses involved in providing orthopedic, medical, 5,274
or surgical treatment for, or for special care of, the child, 5,275
enter a judgment for the amount due, and enforce the judgment by 5,276
execution as in the court of common pleas.
Any expenses incurred for the care, support, maintenance, 5,278
education, orthopedic, medical, or surgical treatment, and 5,280
special care of a child who has a legal settlement in another 5,281
121
county shall be at the expense of the county of legal settlement 5,282
if the consent of the juvenile judge of the county of legal 5,283
settlement is first obtained. When the consent is obtained, the 5,284
board of county commissioners of the county in which the child 5,285
has a legal settlement shall reimburse the committing court for 5,286
the expenses out of its general fund. If the department of job 5,287
and family services considers it to be in the best interest of 5,289
any delinquent, dependent, unruly, abused, or neglected child who 5,290
has a legal settlement in a foreign state or country that the 5,291
child be returned to the state or country of legal settlement, 5,292
the juvenile court may commit the child to the department for the 5,293
child's return to that state or country. 5,294
Any expenses ordered by the court for the care, support, 5,297
maintenance, education, orthopedic, medical, or surgical
treatment, or special care of a dependent, neglected, abused, 5,299
unruly, or delinquent child or of a juvenile traffic offender
under this chapter OR CHAPTER 2152. OF THE REVISED CODE, except 5,301
the part of the expense that may be paid by the state or federal 5,303
government or paid by the parents, guardians, or person charged
with the child's support pursuant to this section, shall be paid 5,304
from the county treasury upon specifically itemized vouchers, 5,306
certified to by the judge. The court shall not be responsible 5,307
for any expenses resulting from the commitment of children to any 5,309
home, public children services agency, private child placing 5,310
agency, or other institution, association, or agency, unless the 5,311
court authorized the expenses at the time of commitment. 5,313
Sec. 2151.38. (A) When a child is committed to the legal 5,322
custody of the department of youth services, the jurisdiction of 5,323
the juvenile court with respect to the child so committed shall 5,324
cease and terminate at the time of commitment, except as provided 5,325
in divisions (B), (C), and (G) of this section. Subject to 5,327
divisions (B) and (C) of this section, sections 2151.353 and 5,328
2151.411 2151.412 to 2151.421 of the Revised Code, and any other 5,329
provision of law that specifies a different duration for a 5,331
122
dispositional order, all other dispositional orders made by the 5,333
court UNDER THIS CHAPTER shall be temporary and shall continue 5,334
for a period that is designated by the court in its order, until 5,335
terminated or modified by the court or until the child attains 5,336
twenty-one years of age.
The release authority of the department OF YOUTH SERVICES 5,338
shall not release the child from institutional care or 5,340
institutional care in a secure facility and as a result shall not 5,341
discharge the child or order the child's release on supervised 5,342
release prior to the expiration of the prescribed minimum period 5,345
of institutionalization or institutionalization in a secure 5,346
facility or prior to the child's attainment of twenty-one years 5,347
of age, whichever is applicable under the order of commitment, 5,348
except upon the order of a court pursuant to division (B) or (C) 5,351
of this section or in accordance with section 5139.54 of the 5,352
Revised Code. 5,353
(B)(1) If the department of youth services desires to 5,355
release a child during the first half of the prescribed minimum 5,356
term for which the child was committed to the department or, if 5,357
the child was committed to the department until the child attains 5,359
twenty-one years of age, during the first half of the prescribed 5,360
period of commitment that begins on the first day of commitment 5,361
and ends on the child's twenty-first birthday, it shall request 5,363
the court that committed the child to the department for a
judicial release of the child from institutional care or 5,364
institutional care in a secure facility. During the first half 5,366
of that prescribed minimum term or of that prescribed period of
commitment, whichever of those periods is applicable, the child 5,367
or the parents of the child also may request that court to grant 5,368
a judicial release of the child from institutional care or 5,369
institutional care in a secure facility. Upon receipt of a 5,370
request for a judicial release from the department, the child, or 5,371
the child's parent or upon its own motion, the court that 5,372
committed the child shall approve the judicial release from 5,373
123
institutional care or institutional care in a secure facility by 5,374
journal entry, shall schedule within twenty days after the 5,375
request is received a time for a hearing on whether the child is 5,376
to be released under a judicial release, or shall reject the 5,377
request by journal entry without conducting a hearing. If the 5,379
court rejects an initial request for a judicial release by the 5,380
child or the child's parent, the child or the child's parent may 5,381
make one additional request for a judicial release within the 5,383
first half of the applicable prescribed minimum term or 5,384
prescribed period of commitment. The child or the child's parent 5,385
may make the additional request no earlier than thirty days after 5,386
the filing of the prior request for a judicial release. Upon the 5,387
filing by the child or the child's parent of a second request for 5,389
a judicial release, the court shall either approve or disapprove
the judicial release by journal entry or schedule within twenty 5,392
days after the request is received a time for a hearing on
whether the child is to be released under a judicial release. 5,393
(2) If a court schedules a hearing under division (B)(1) 5,397
of this section to determine whether a child should be granted a 5,398
judicial release, the court shall give notice of the hearing to 5,399
the prosecutor involved in the case. In accordance with section 5,400
2930.16 of the Revised Code and if the victim has requested 5,403
notification, the prosecutor shall give notice of the hearing to 5,404
the victim of the delinquent act for which the child's commitment 5,405
to the legal custody of the department was imposed. The court 5,406
may order the department to deliver the child to the court on the 5,407
date set for the hearing and may order the department to present 5,408
to the court a report on the child's progress in the institution 5,409
to which the child was committed and recommendations for terms 5,410
and conditions of supervision of the child by the court after 5,412
release. The court may conduct the hearing without the child
being present. The court shall consider any statement of a 5,413
victim made pursuant to section 2930.14 or 2930.17 of the Revised 5,415
Code and any victim impact statement prepared pursuant to section 5,417
124
2151.355 of the Revised Code. The court shall determine at the 5,419
hearing whether the child should be granted a judicial release 5,420
from institutionalization or institutionalization in a secure 5,421
facility. After making a determination, the court shall notify 5,422
the victim of the determination in accordance with sections 5,423
2930.03 and 2930.16 of the Revised Code. If the court approves 5,426
the judicial release, the court shall order its staff to prepare 5,427
a written treatment and rehabilitation plan for the child that 5,428
may include any terms and conditions of the child's release that 5,429
were recommended by the department and approved by the court.
The committing court shall send the juvenile court of the county 5,431
in which the child is placed a copy of the recommended plan and 5,432
the terms and conditions set by the committing court. The court 5,433
of the county in which the child is placed may adopt the 5,434
recommended terms and conditions set by the committing court as 5,435
an order of the court and may add any additional consistent terms 5,436
and conditions it considers appropriate. If a child is granted a 5,437
judicial release, the judicial release discharges the child from 5,438
the custody of the department of youth services. 5,439
(C)(1) If a child is committed to the department of youth 5,441
services and has been in institutional care or institutional care 5,442
in a secure facility for more than one-half of the prescribed 5,443
minimum term for which the child was committed or, if the child 5,444
was committed to the department until the child attains 5,445
twenty-one years of age, for more than one-half of the prescribed 5,446
period of commitment that begins on the first day of commitment 5,447
and ends on the child's twenty-first birthday, if the prescribed 5,448
minimum period of institutionalization or other statutorily 5,450
required period of institutionalization has not expired, and if 5,451
the department of youth services desires to release the child 5,453
from institutional care or institutional care in a secure 5,454
facility, it shall request the court that committed the child for 5,455
an early release from institutional care or institutional care in 5,456
a secure facility.
125
During the applicable period commencing upon the expiration 5,458
of the first half of that prescribed minimum term or prescribed 5,460
period of commitment and ending upon the expiration of the 5,462
required minimum or other period of institutionalization or 5,463
institutionalization in a secure facility, the child or the 5,465
child's parent also may request the court that committed the 5,466
child to grant an early release. Upon the receipt of a request 5,467
from the department, the child, or the child's parent or upon its 5,468
own motion at any time during that period, the court shall 5,469
approve the early release by journal entry, shall schedule a time 5,470
within thirty days after receipt of the request for a hearing on 5,471
whether the child is to be released, or shall reject the request 5,473
by journal entry without conducting a hearing. If the court 5,474
rejects an initial request for early release by the child or the 5,475
child's parents, within the period prescribed in division (C)(1) 5,476
of this section, the child or the child's parent may make one or 5,477
more subsequent requests for early release but may make no more 5,478
than one request for early release during each period of ninety 5,479
days that the child is institutionalized or institutionalized in 5,480
a secure facility after the filing of a prior request for early 5,481
release. Upon the filing of a request for early release 5,482
subsequent to an initial request, the court shall either approve 5,483
or disapprove the early release by journal entry or schedule a 5,484
time within thirty days after receipt of the request for a 5,485
hearing on whether the child is to be released. 5,486
(2) If a court schedules a hearing under division (C)(1) 5,489
of this section to determine whether a child committed to the 5,490
department should be granted an early release, the court shall 5,491
give notice of the hearing to the prosecutor involved in the 5,492
case. In accordance with section 2930.16 of the Revised Code and 5,494
if the victim has requested notification, the prosecutor shall 5,495
give notice of the hearing to the victim of the delinquent act 5,496
for which the child's commitment to the legal custody of the 5,497
department was imposed. The court may order the department to 5,498
126
deliver the child to the court on the date set for the hearing 5,499
and shall order the department to present to the court at that 5,500
time a treatment plan for the child's post-institutional care. 5,501
The court may conduct the hearing without the child being 5,502
present. The court shall consider any statement of a victim made 5,503
pursuant to section 2930.14 or 2930.17 of the Revised Code and 5,506
any victim impact statement prepared pursuant to section 2151.355 5,507
of the Revised Code. The court shall determine at the hearing 5,510
whether the child should be granted an early release from 5,512
institutionalization or institutionalization in a secure
facility. After making a determination, the court shall notify 5,513
the victim of the determination in accordance with sections 5,514
2930.03 and 2930.16 of the Revised Code. If the court approves 5,516
the early release, the department shall prepare a written 5,517
treatment and rehabilitation plan for the child pursuant to 5,518
division (E) of this section that shall include the terms and 5,520
conditions of the child's release. It shall send the committing 5,521
court and the juvenile court of the county in which the child is 5,522
placed a copy of the plan and the terms and conditions that it 5,523
fixed. The court of the county in which the child is placed may 5,524
adopt the terms and conditions set by the department as an order 5,525
of the court and may add any additional consistent terms and 5,527
conditions it considers appropriate, provided that the court may 5,528
not add any term or condition that decreases the level or degree 5,529
of supervision specified by the department in its plan, that 5,530
substantially increases the financial burden of supervision that 5,531
will be experienced by the department, or that alters the 5,532
placement specified by the department in its plan. If the court 5,533
of the county in which the child is placed adds to the 5,534
department's plan any additional terms and conditions, it shall 5,535
enter those additional terms and conditions in its journal and 5,536
shall send to the department a copy of the journal entry of the 5,537
additional terms and conditions. 5,538
(3) If the court approves or grants an early release for a 5,541
127
child under division (C)(1) or (2) of this section, the actual 5,543
date on which the department of youth services shall release the 5,544
child from institutional care or institutional care in a secure 5,545
facility is contingent upon the department finding a suitable 5,546
placement for the child. If the child is to be returned to the 5,547
child's home, the department shall return the child to the home 5,548
on the date that the court schedules for the child's release or 5,549
shall bear the expense of any additional time that the child 5,550
remains in institutional care or institutional care in a secure 5,551
facility. If the child is unable to return to the child's home, 5,552
the department shall exercise reasonable diligence in finding a 5,553
suitable placement for the child, and the child shall remain in 5,554
institutional care or institutional care in a secure facility 5,555
while the department finds the suitable placement. 5,556
(D) If a child is released under division (B) or (C) of 5,559
this section and the court of the county in which the child is 5,560
placed has reason to believe that the child's deportment is not 5,561
in accordance with the post-release terms and conditions of the 5,563
child's judicial release or early release, the court of the 5,564
county in which the child is placed shall schedule a time for a 5,565
hearing to determine whether the child violated any of the 5,567
post-release terms and conditions, and, if the child was released 5,568
under division (C) of this section, divisions (A) to (E) of 5,569
section 5139.52 of the Revised Code apply regarding the child. 5,570
If that court determines at the hearing that the child violated 5,572
any of the post-release terms and conditions, the court, if it 5,573
determines that the violation of the terms and conditions was a 5,575
serious violation, may order the child to be returned to the 5,576
department for institutionalization or institutionalization in a 5,577
secure facility, consistent with the original order of commitment 5,578
of the child, or in any case may make any other disposition of 5,579
the child authorized by law that the court considers proper. If 5,580
the court of the county in which the child is placed orders the 5,581
child to be returned to a department of youth services 5,582
128
institution, the time during which the child was 5,583
institutionalized or institutionalized in a secure facility prior 5,584
to the child's judicial release or early release shall be 5,586
considered as time served in fulfilling the prescribed minimum 5,587
period or prescribed period of institutionalization or
institutionalization in a secure facility that is applicable to 5,589
the child under the child's original order of commitment. If the 5,590
court orders the child returned to a department of youth services 5,591
institution, the child shall remain in institutional care for a 5,592
minimum period of three months or until the child successfully 5,593
completes a revocation program of a duration of not less than 5,595
thirty days operated either by the department or by an entity 5,596
with whom the department has contracted to provide a revocation 5,598
program.
(E) The department of youth services, prior to the release 5,600
of a child pursuant to division (C) of this section, shall do all 5,602
of the following:
(1) After reviewing the child's rehabilitative progress 5,604
history and medical and educational records, prepare a written 5,605
treatment and rehabilitation plan for the child that shall 5,606
include terms and conditions of the release; 5,607
(2) Completely discuss the terms and conditions of the 5,609
plan prepared pursuant to division (E)(1) of this section and the 5,611
possible penalties for violation of the plan with the child and 5,612
the child's parents, guardian, or legal custodian; 5,613
(3) Have the plan prepared pursuant to division (E)(1) of 5,616
this section signed by the child, the child's parents, legal 5,617
guardian, or custodian, and any authority or person that is to 5,619
supervise, control, and provide supportive assistance to the 5,620
child at the time of the child's release pursuant to division (C) 5,621
of this section; 5,622
(4) File a copy of the plan prepared pursuant to division 5,625
(E)(1) of this section, prior to the child's release, with the 5,627
committing court and the juvenile court of the county in which 5,628
129
the child is to be placed.
(F) The department of youth services shall file a written 5,630
progress report with the committing court regarding each child 5,631
released pursuant to division (C) of this section, at least once 5,633
every thirty days unless specifically directed otherwise by the 5,634
court. The report shall indicate the treatment and 5,635
rehabilitative progress of the child and the child's family, if
applicable, and shall include any suggestions and recommendations 5,636
for alteration of the program, custody, living arrangements, or 5,637
treatment. The department shall retain legal custody of a child 5,638
so released until it discharges the child or until the custody is 5,639
terminated as otherwise provided by law. 5,640
(G)(1) As used in division (G)(2) of this section, 5,644
"release authority" and "supervised release" have the same 5,645
meanings as in section 5139.01 of the Revised Code. 5,646
(2) When a child is committed to the legal custody of the 5,648
department of youth services, the court retains jurisdiction to 5,649
perform the functions specified in section 5139.51 of the Revised 5,651
Code with respect to the granting of supervised release by the 5,653
release authority and to perform the functions specified in 5,654
section 5139.52 of the Revised Code with respect to violations of 5,657
the terms and conditions of supervised release granted by the
release authority and to the revocation of supervised release 5,659
granted by the release authority.
Sec. 2151.65. Upon the advice and recommendation of the 5,668
juvenile judge, the board of county commissioners may provide by 5,669
purchase, lease, construction, or otherwise a school, forestry 5,670
camp, or other facility or facilities where delinquent CHILDREN, 5,671
as defined in section 2151.02 2152.02 of the Revised Code, 5,672
dependent CHILDREN, abused CHILDREN, unruly CHILDREN, as defined 5,674
in section 2151.022 of the Revised Code, or neglected children or 5,676
juvenile traffic offenders may be held for training, treatment, 5,677
and rehabilitation. Upon the joint advice and recommendation of 5,678
the juvenile judges of two or more adjoining or neighboring 5,679
130
counties, the boards of county commissioners of such counties may 5,680
form themselves into a joint board and proceed to organize a 5,681
district for the establishment and support of a school, forestry 5,682
camp, or other facility or facilities for the use of the juvenile 5,683
courts of such counties, where delinquent, dependent, abused, 5,684
unruly, or neglected children, or juvenile traffic offenders may 5,685
be held for treatment, training, and rehabilitation, by using a 5,686
site or buildings already established in one such county, or by 5,687
providing for the purchase of a site and the erection of the 5,688
necessary buildings thereon. Such county or district school, 5,689
forestry camp, or other facility or facilities shall be 5,690
maintained as provided in sections 2151.01 to 2151.80 CHAPTERS 5,691
2151. AND 2152. of the Revised Code. Children who are adjudged to 5,693
be delinquent, dependent, neglected, abused, unruly, or juvenile 5,694
traffic offenders may be committed to and held in any such 5,695
school, forestry camp, or other facility or facilities for 5,696
training, treatment, and rehabilitation.
The juvenile court shall determine: 5,698
(A) The children to be admitted to any school, forestry 5,700
camp, or other facility maintained under this section; 5,701
(B) The period such children shall be trained, treated, 5,703
and rehabilitated at such facility; 5,704
(C) The removal and transfer of children from such 5,706
facility. 5,707
Sec. 2151.651. The board of county commissioners of a 5,716
county which, either separately or as part of a district, is 5,717
planning to establish a school, forestry camp, or other facility 5,718
under section 2151.65 of the Revised Code, to be used exclusively 5,719
for the rehabilitation of children between the ages of twelve to 5,720
eighteen years, other than psychotic or mentally retarded 5,721
children, who are designated delinquent CHILDREN, as defined in 5,722
section 2151.02 2152.02 of the Revised Code, or unruly CHILDREN, 5,725
as defined in section 2151.022 of the Revised Code, by order of a 5,726
juvenile court, may make application to the department of youth 5,727
131
services, created under division (B) of section 5139.01 of the 5,728
Revised Code, for financial assistance in defraying the county's 5,729
share of the cost of acquisition or construction of such school, 5,730
camp, or other facility, as provided in section 5139.27 of the 5,731
Revised Code. Such application shall be made on forms prescribed 5,732
and furnished by the department. 5,733
Sec. 2151.652. The board of county commissioners of a 5,742
county or the board of trustees of a district maintaining a 5,743
school, forestry camp, or other facility established under 5,744
section 2151.65 of the Revised Code, used exclusively for the 5,745
rehabilitation of children between the ages of twelve to eighteen 5,746
years, other than psychotic or mentally retarded children, who 5,747
are designated delinquent CHILDREN, as defined in section 2151.02 5,749
2152.02 of the Revised Code, or unruly CHILDREN, as defined in 5,750
section 2151.022 of the Revised Code, by order of a juvenile 5,751
court, may make application to the department of youth services, 5,752
created under division (B) of section 5139.01 of the Revised 5,753
Code, for financial assistance in defraying the cost of operating 5,754
and maintaining such school, forestry camp, or other facility, as 5,755
provided in section 5139.28 of the Revised Code. 5,756
Such application shall be made on forms prescribed and 5,758
furnished by the department. 5,759
Sec. 2151.655. (A) The taxing authority of a county may 5,768
issue general obligation securities of the county under Chapter 5,769
133. of the Revised Code to pay such county's share, either 5,770
separately or as a part of a district, of the cost of acquiring 5,771
schools, detention homes FACILITIES, forestry camps, or other 5,772
facilities, or any combination thereof, under section 2151.34 5,774
2152.41 or 2151.65 of the Revised Code, or of acquiring sites for 5,776
and constructing, enlarging, or otherwise improving such schools, 5,777
detention homes FACILITIES, forestry camps, other facilities, or 5,779
combinations thereof.
(B) The taxing authority of a detention home FACILITY 5,781
district, or a district organized under section 2151.65 of the 5,783
132
Revised Code, or of a combined district organized under sections 5,784
2151.34 2152.41 and 2151.65 of the Revised Code, may submit to 5,786
the electors of the district the question of issuing general 5,787
obligation bonds of the district to pay the cost of acquiring, 5,788
constructing, enlarging, or otherwise improving sites, buildings, 5,789
and facilities for any purposes for which the district was 5,790
organized. The election on such question shall be submitted and 5,791
held under section 133.18 of the Revised Code. 5,792
Sec. 2151.78. The board of county commissioners of any 5,801
county within a school, forestry camp, or other facility or 5,802
facilities district may, upon the recommendation of the juvenile 5,803
court of such county, withdraw from such district and dispose of 5,804
its interest in such school, forestry camp, or other facility or 5,805
facilities selling or leasing its right, title, and interest in 5,806
the site, buildings, furniture, and equipment to any counties in 5,807
the district, at such price and upon such terms as are agreed 5,808
upon among the boards of county commissioners of the counties 5,809
concerned. Section 307.10 of the Revised Code does not appy 5,810
APPLY to this section. The net proceeds of any such sale or 5,811
lease shall be paid into the treasury of the withdrawing county. 5,812
Any county withdrawing from such district or from a 5,814
combined district organized under sections 2151.34 2152.41 and 5,815
2151.65 of the Revised Code shall continue to have levied against 5,817
its tax duplicate any tax levied by the district during the 5,818
period in which the county was a member of the district for 5,819
current operating expenses, permanent improvements, or the 5,820
retirement of bonded indebtedness. Such levy shall continue to 5,821
be a levy against such duplicate of the county until such time 5,822
that it expires or is renewed. 5,823
Members of the board of trustees of a district school, 5,825
forestry camp, or other facility or facilities who are residents 5,826
of a county withdrawing from such district are deemed to have 5,827
resigned their positions upon the completion of the withdrawal 5,828
procedure provided by this section. Vacancies then created shall 5,829
133
be filled according to sections 2151.68 and 2151.74 of the 5,830
Revised Code. 5,831
Sec. 2151.79. The county auditor of the county having the 5,840
greatest population, or, with the unanimous concurrence of the 5,841
county auditors of the counties composing a facilities district, 5,842
the auditor of the county wherein the facility is located, shall 5,843
be the fiscal officer of a district organized under section 5,844
2151.65 of the Revised Code or a combined district organized
under sections 2151.34 2152.41 and 2151.65 of the Revised Code. 5,846
The county auditors of the several counties composing a school, 5,847
forestry camp, or other facility or facilities district, shall 5,848
meet at the district school, forestry camp, or other facility or 5,849
facilities not less than once in each six months, to review
accounts and to transact such other duties in connection with the 5,850
institution as pertain to the business of their office. 5,851
Sec. 2151.99. (A) Whoever violates division (D)(2) or (3) 5,860
of section 2151.313 or division (A)(1) or (H)(2) of section 5,861
2151.421 of the Revised Code is guilty of a misdemeanor of the 5,862
fourth degree.
(B) Whoever violates division (D)(1) of section 2151.313 5,864
of the Revised Code is guilty of a minor misdemeanor. 5,865
(C) Whoever violates division (G) of section 2151.62 of 5,868
the Revised Code is guilty of a minor misdemeanor.
Sec. 2152.01. (A) THE OVERRIDING PURPOSES FOR 5,870
DISPOSITIONS UNDER THIS CHAPTER ARE TO PROVIDE FOR THE CARE, 5,871
PROTECTION, AND MENTAL AND PHYSICAL DEVELOPMENT OF CHILDREN 5,872
SUBJECT TO THIS CHAPTER, PROTECT THE PUBLIC INTEREST AND SAFETY, 5,873
HOLD THE OFFENDER ACCOUNTABLE FOR THE OFFENDER'S ACTIONS, RESTORE 5,875
THE VICTIM, AND REHABILITATE THE OFFENDER. THESE PURPOSES SHALL 5,876
BE ACHIEVED BY A SYSTEM OF GRADUATED SANCTIONS AND SERVICES.
(B) DISPOSITIONS UNDER THIS CHAPTER SHALL BE REASONABLY 5,878
CALCULATED TO ACHIEVE THE OVERRIDING PURPOSES SET FORTH IN THIS 5,880
SECTION, COMMENSURATE WITH AND NOT DEMEANING TO THE SERIOUSNESS 5,881
OF THE DELINQUENT CHILD'S OR THE JUVENILE TRAFFIC OFFENDER'S 5,883
134
CONDUCT AND ITS IMPACT ON THE VICTIM, AND CONSISTENT WITH 5,884
DISPOSITIONS FOR SIMILAR ACTS COMMITTED BY SIMILAR DELINQUENT 5,885
CHILDREN AND JUVENILE TRAFFIC OFFENDERS. THE COURT SHALL NOT 5,886
BASE THE DISPOSITION ON THE RACE, ETHNIC BACKGROUND, GENDER, OR 5,887
RELIGION OF THE DELINQUENT CHILD OR JUVENILE TRAFFIC OFFENDER. 5,888
(C) TO THE EXTENT THEY DO NOT CONFLICT WITH THIS CHAPTER, 5,890
THE PROVISIONS OF CHAPTER 2151. OF THE REVISED CODE APPLY TO THE 5,891
PROCEEDINGS UNDER THIS CHAPTER. 5,892
Sec. 2152.02. AS USED IN THIS CHAPTER: 5,894
(A) "ACT CHARGED" MEANS THE ACT THAT IS IDENTIFIED IN A 5,896
COMPLAINT, INDICTMENT, OR INFORMATION ALLEGING THAT A CHILD IS A 5,898
DELINQUENT CHILD.
(B) "ADMITTED TO A DEPARTMENT OF YOUTH SERVICES FACILITY" 5,900
INCLUDES ADMISSION TO A FACILITY OPERATED, OR CONTRACTED FOR, BY 5,901
THE DEPARTMENT AND ADMISSION TO A COMPARABLE FACILITY OUTSIDE 5,902
THIS STATE BY ANOTHER STATE OR THE UNITED STATES. 5,903
(C)(1) "CHILD" MEANS A PERSON WHO IS UNDER EIGHTEEN YEARS 5,905
OF AGE, EXCEPT AS OTHERWISE PROVIDED IN DIVISIONS (C)(2) TO (6) 5,906
OF THIS SECTION. 5,907
(2) SUBJECT TO DIVISION (C)(3) OF THIS SECTION, ANY PERSON 5,909
WHO VIOLATES A FEDERAL OR STATE LAW OR A MUNICIPAL ORDINANCE 5,910
PRIOR TO ATTAINING EIGHTEEN YEARS OF AGE SHALL BE DEEMED A 5,911
"CHILD" IRRESPECTIVE OF THAT PERSON'S AGE AT THE TIME THE 5,912
COMPLAINT WITH RESPECT TO THAT VIOLATION IS FILED OR THE HEARING 5,913
ON THE COMPLAINT IS HELD. 5,914
(3) ANY PERSON WHO, WHILE UNDER EIGHTEEN YEARS OF AGE, 5,916
COMMITS AN ACT THAT WOULD BE A FELONY IF COMMITTED BY AN ADULT 5,917
AND WHO IS NOT TAKEN INTO CUSTODY OR APPREHENDED FOR THAT ACT 5,918
UNTIL AFTER THE PERSON ATTAINS TWENTY-ONE YEARS OF AGE IS NOT A 5,919
CHILD IN RELATION TO THAT ACT.
(4) ANY PERSON WHOSE CASE IS TRANSFERRED FOR CRIMINAL 5,921
PROSECUTION PURSUANT TO SECTION 2152.12 OF THE REVISED CODE SHALL 5,922
BE DEEMED AFTER THE TRANSFER NOT TO BE A CHILD IN THE TRANSFERRED 5,923
CASE.
135
(5) ANY PERSON WHOSE CASE IS TRANSFERRED FOR CRIMINAL 5,925
PROSECUTION PURSUANT TO SECTION 2152.12 OF THE REVISED CODE AND 5,926
WHO SUBSEQUENTLY IS CONVICTED OF OR PLEADS GUILTY TO A FELONY IN 5,927
THAT CASE, AND ANY PERSON WHO IS ADJUDICATED A DELINQUENT CHILD 5,929
FOR THE COMMISSION OF AN ACT, WHO HAS A SERIOUS YOUTHFUL OFFENDER 5,930
DISPOSITIONAL SENTENCE IMPOSED FOR THE ACT PURSUANT TO SECTION 5,931
2152.13 OF THE REVISED CODE, AND WHOSE ADULT PORTION OF THE 5,932
DISPOSITIONAL SENTENCE IS INVOKED PURSUANT TO SECTION 2152.14 OF 5,933
THE REVISED CODE, SHALL BE DEEMED AFTER THE TRANSFER OR 5,935
INVOCATION NOT TO BE A CHILD IN ANY CASE IN WHICH A COMPLAINT IS 5,936
FILED AGAINST THE PERSON.
(6) THE JUVENILE COURT HAS JURISDICTION OVER A PERSON WHO 5,938
IS ADJUDICATED A DELINQUENT CHILD OR JUVENILE TRAFFIC OFFENDER 5,939
PRIOR TO ATTAINING EIGHTEEN YEARS OF AGE UNTIL THE PERSON ATTAINS 5,940
TWENTY-ONE YEARS OF AGE, AND, FOR PURPOSES OF THAT JURISDICTION 5,941
RELATED TO THAT ADJUDICATION, A PERSON WHO IS SO ADJUDICATED A 5,942
DELINQUENT CHILD OR JUVENILE TRAFFIC OFFENDER SHALL BE DEEMED A 5,943
"CHILD" UNTIL THE PERSON ATTAINS TWENTY-ONE YEARS OF AGE. 5,944
(D) "CHRONIC TRUANT" MEANS ANY CHILD OF COMPULSORY SCHOOL 5,946
AGE WHO IS ABSENT WITHOUT LEGITIMATE EXCUSE FOR ABSENCE FROM THE 5,947
PUBLIC SCHOOL THE CHILD IS SUPPOSED TO ATTEND FOR SEVEN OR MORE 5,948
CONSECUTIVE SCHOOL DAYS, TEN OR MORE SCHOOL DAYS IN ONE SCHOOL 5,949
MONTH, OR FIFTEEN OR MORE SCHOOL DAYS IN A SCHOOL YEAR. 5,951
(E) "COMMUNITY CORRECTIONS FACILITY," "PUBLIC SAFETY 5,953
BEDS," "RELEASE AUTHORITY," AND "SUPERVISED RELEASE" HAVE THE 5,954
SAME MEANINGS AS IN SECTION 5139.01 OF THE REVISED CODE. 5,955
(F) "DELINQUENT CHILD" INCLUDES ANY OF THE FOLLOWING: 5,957
(1) ANY CHILD, EXCEPT A JUVENILE TRAFFIC OFFENDER, WHO 5,959
VIOLATES ANY LAW OF THIS STATE OR THE UNITED STATES, OR ANY 5,960
ORDINANCE OF A POLITICAL SUBDIVISION OF THE STATE, THAT WOULD BE 5,962
AN OFFENSE IF COMMITTED BY AN ADULT; 5,963
(2) ANY CHILD WHO VIOLATES ANY LAWFUL ORDER OF THE COURT 5,965
MADE UNDER THIS CHAPTER OR UNDER CHAPTER 2151. OF THE REVISED 5,967
CODE;
136
(3) ANY CHILD WHO VIOLATES DIVISION (A) OF SECTION 5,969
2923.211 OF THE REVISED CODE; 5,970
(4) ANY CHILD WHO IS A HABITUAL TRUANT AND WHO PREVIOUSLY 5,972
HAS BEEN ADJUDICATED AN UNRULY CHILD FOR BEING A HABITUAL TRUANT; 5,973
(5) ANY CHILD WHO IS A CHRONIC TRUANT. 5,975
(G) "DISCRETIONARY SERIOUS YOUTHFUL OFFENDER" MEANS A 5,978
PERSON WHO IS ELIGIBLE FOR A DISCRETIONARY SYO AND WHO IS NOT 5,979
TRANSFERRED TO ADULT COURT UNDER A MANDATORY OR DISCRETIONARY 5,980
TRANSFER.
(H) "DISCRETIONARY SYO" MEANS A CASE IN WHICH THE JUVENILE 5,983
COURT, IN THE JUVENILE COURT'S DISCRETION, MAY IMPOSE A SERIOUS 5,985
YOUTHFUL OFFENDER DISPOSITION UNDER SECTION 2152.13 OF THE 5,986
REVISED CODE.
(I) "DISCRETIONARY TRANSFER" MEANS THAT THE JUVENILE COURT 5,988
HAS DISCRETION TO TRANSFER A CASE FOR CRIMINAL PROSECUTION UNDER 5,989
DIVISION (B) OF SECTION 2152.12 OF THE REVISED CODE. 5,990
(J) "DRUG ABUSE OFFENSE," "FELONY DRUG ABUSE OFFENSE," AND 5,992
"MINOR DRUG POSSESSION OFFENSE" HAVE THE SAME MEANINGS AS IN 5,993
SECTION 2925.01 OF THE REVISED CODE. 5,994
(K) "ELECTRONIC MONITORING DEVICE," "CERTIFIED ELECTRONIC 5,996
MONITORING DEVICE," "ELECTRONICALLY MONITORED HOUSE ARREST," 5,997
"ELECTRONIC MONITORING SYSTEM," AND "CERTIFIED ELECTRONIC 5,998
MONITORING SYSTEM" HAVE THE SAME MEANINGS AS IN SECTION 2929.23 5,999
OF THE REVISED CODE.
(L) "ECONOMIC LOSS" MEANS ANY ECONOMIC DETRIMENT SUFFERED 6,001
BY A VICTIM OF A DELINQUENT ACT AS A RESULT OF THE DELINQUENT ACT 6,002
AND INCLUDES ANY LOSS OF INCOME DUE TO LOST TIME AT WORK BECAUSE 6,003
OF ANY INJURY CAUSED TO THE VICTIM AND ANY PROPERTY LOSS, MEDICAL 6,004
COST, OR FUNERAL EXPENSE INCURRED AS A RESULT OF THE DELINQUENT 6,005
ACT. 6,006
(M) "FIREARM" HAS THE SAME MEANING AS IN SECTION 2923.11 6,008
OF THE REVISED CODE. 6,009
(N) "JUVENILE TRAFFIC OFFENDER" MEANS ANY CHILD WHO 6,011
VIOLATES ANY TRAFFIC LAW, TRAFFIC ORDINANCE, OR TRAFFIC 6,012
137
REGULATION OF THIS STATE, THE UNITED STATES, OR ANY POLITICAL 6,013
SUBDIVISION OF THIS STATE, OTHER THAN A RESOLUTION, ORDINANCE, OR 6,014
REGULATION OF A POLITICAL SUBDIVISION OF THIS STATE THE VIOLATION 6,015
OF WHICH IS REQUIRED TO BE HANDLED BY A PARKING VIOLATIONS BUREAU 6,016
OR A JOINT PARKING VIOLATIONS BUREAU PURSUANT TO CHAPTER 4521. OF 6,017
THE REVISED CODE.
(O) A "LEGITIMATE EXCUSE FOR ABSENCE FROM THE PUBLIC 6,019
SCHOOL THE CHILD IS SUPPOSED TO ATTEND" HAS THE SAME MEANING AS 6,020
IN SECTION 2151.011 OF THE REVISED CODE.
(P) "MANDATORY SERIOUS YOUTHFUL OFFENDER" MEANS A PERSON 6,023
WHO IS ELIGIBLE FOR A MANDATORY SYO AND WHO IS NOT TRANSFERRED TO 6,024
ADULT COURT UNDER A MANDATORY OR DISCRETIONARY TRANSFER. 6,025
(Q) "MANDATORY SYO" MEANS A CASE IN WHICH THE JUVENILE 6,028
COURT IS REQUIRED TO IMPOSE A MANDATORY SERIOUS YOUTHFUL OFFENDER 6,029
DISPOSITION UNDER SECTION 2152.13 OF THE REVISED CODE. 6,031
(R) "MANDATORY TRANSFER" MEANS THAT A CASE IS REQUIRED TO 6,033
BE TRANSFERRED FOR CRIMINAL PROSECUTION UNDER DIVISION (A) OF 6,034
SECTION 2152.12 OF THE REVISED CODE. 6,035
(S) "MENTAL ILLNESS" HAS THE SAME MEANING AS IN SECTION 6,037
5122.01 OF THE REVISED CODE. 6,038
(T) "MENTALLY RETARDED PERSON" HAS THE SAME MEANING AS IN 6,040
SECTION 5123.01 OF THE REVISED CODE. 6,041
(U) "MONITORED TIME" AND "REPEAT VIOLENT OFFENDER" HAVE 6,043
THE SAME MEANINGS AS IN SECTION 2929.01 OF THE REVISED CODE. 6,044
(V) "OF COMPULSORY SCHOOL AGE" HAS THE SAME MEANING AS IN 6,046
SECTION 3321.01 OF THE REVISED CODE. 6,047
(W) "PUBLIC RECORD" HAS THE SAME MEANING AS IN SECTION 6,049
149.43 OF THE REVISED CODE. 6,050
(X) "SERIOUS YOUTHFUL OFFENDER" MEANS A PERSON WHO IS 6,053
ELIGIBLE FOR A MANDATORY SYO OR DISCRETIONARY SYO BUT WHO IS NOT 6,054
TRANSFERRED TO ADULT COURT UNDER A MANDATORY OR DISCRETIONARY 6,055
TRANSFER.
(Y) "SEXUALLY ORIENTED OFFENSE" HAS THE SAME MEANING AS IN 6,057
SECTION 2950.01 OF THE REVISED CODE. 6,058
138
(Z) "TRADITIONAL JUVENILE" MEANS A CASE THAT IS NOT 6,060
TRANSFERRED TO ADULT COURT UNDER A MANDATORY OR DISCRETIONARY 6,061
TRANSFER, THAT IS ELIGIBLE FOR A DISPOSITION UNDER SECTIONS 6,065
2152.16, 2152.17, 2152.19, AND 2152.20 OF THE REVISED CODE, AND 6,066
THAT IS NOT ELIGIBLE FOR A DISPOSITION UNDER SECTION 2152.13 OF 6,069
THE REVISED CODE. 6,070
(AA) "TRANSFER" MEANS THE TRANSFER FOR CRIMINAL 6,072
PROSECUTION OF A CASE INVOLVING THE ALLEGED COMMISSION BY A CHILD 6,073
OF AN ACT THAT WOULD BE AN OFFENSE IF COMMITTED BY AN ADULT FROM 6,074
THE JUVENILE COURT TO THE APPROPRIATE COURT THAT HAS JURISDICTION 6,075
OF THE OFFENSE. 6,076
(BB) "CATEGORY ONE OFFENSE" MEANS ANY OF THE FOLLOWING: 6,078
(1) A VIOLATION OF SECTION 2903.01 OR 2903.02 OF THE 6,080
REVISED CODE; 6,081
(2) A VIOLATION OF SECTION 2923.02 OF THE REVISED CODE 6,083
INVOLVING AN ATTEMPT TO COMMIT AGGRAVATED MURDER OR MURDER. 6,085
(CC) "CATEGORY TWO OFFENSE" MEANS ANY OF THE FOLLOWING: 6,087
(1) A VIOLATION OF SECTION 2903.03, 2905.01, 2907.02, 6,089
2909.02, 2911.01, OR 2911.11 OF THE REVISED CODE; 6,090
(2) A VIOLATION OF SECTION 2903.04 OF THE REVISED CODE 6,092
THAT IS A FELONY OF THE FIRST DEGREE; 6,094
(3) A VIOLATION OF SECTION 2907.12 OF THE REVISED CODE AS 6,097
IT EXISTED PRIOR TO SEPTEMBER 3, 1996. 6,098
Sec. 2152.021. (A)(1) SUBJECT TO DIVISION (A)(2) OF THIS 6,101
SECTION, ANY PERSON HAVING KNOWLEDGE OF A CHILD WHO APPEARS TO BE 6,102
A JUVENILE TRAFFIC OFFENDER OR TO BE A DELINQUENT CHILD MAY FILE 6,103
A SWORN COMPLAINT WITH RESPECT TO THAT CHILD IN THE JUVENILE
COURT OF THE COUNTY IN WHICH THE CHILD HAS A RESIDENCE OR LEGAL 6,104
SETTLEMENT OR IN WHICH THE TRAFFIC OFFENSE OR DELINQUENT ACT 6,105
ALLEGEDLY OCCURRED. THE SWORN COMPLAINT MAY BE UPON INFORMATION 6,106
AND BELIEF, AND, IN ADDITION TO THE ALLEGATION THAT THE CHILD IS 6,107
A DELINQUENT CHILD OR A JUVENILE TRAFFIC OFFENDER, THE COMPLAINT 6,108
SHALL ALLEGE THE PARTICULAR FACTS UPON WHICH THE ALLEGATION THAT 6,109
THE CHILD IS A DELINQUENT CHILD OR A JUVENILE TRAFFIC OFFENDER IS 6,110
139
BASED.
IF A CHILD APPEARS TO BE A DELINQUENT CHILD WHO IS ELIGIBLE 6,112
FOR A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE UNDER 6,113
SECTION 2152.11 OF THE REVISED CODE AND IF THE PROSECUTING 6,114
ATTORNEY DESIRES TO SEEK A SERIOUS YOUTHFUL OFFENDER 6,116
DISPOSITIONAL SENTENCE UNDER SECTION 2152.13 OF THE REVISED CODE 6,118
IN REGARD TO THE CHILD, THE PROSECUTING ATTORNEY OF THE COUNTY IN 6,119
WHICH THE ALLEGED DELINQUENCY OCCURS MAY INITIATE A CASE IN THE 6,121
JUVENILE COURT OF THE COUNTY BY PRESENTING THE CASE TO A GRAND 6,122
JURY FOR INDICTMENT, BY CHARGING THE CHILD IN A BILL OF 6,124
INFORMATION AS A SERIOUS YOUTHFUL OFFENDER PURSUANT TO SECTION 6,125
2152.13 OF THE REVISED CODE, BY REQUESTING A SERIOUS YOUTHFUL 6,127
OFFENDER DISPOSITIONAL SENTENCE IN THE ORIGINAL COMPLAINT
ALLEGING THAT THE CHILD IS A DELINQUENT CHILD, OR BY FILING WITH 6,129
THE JUVENILE COURT A WRITTEN NOTICE OF INTENT TO SEEK A SERIOUS 6,130
YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE. 6,131
(2) ANY PERSON HAVING KNOWLEDGE OF A CHILD WHO APPEARS TO 6,133
BE A DELINQUENT CHILD FOR BEING AN HABITUAL OR CHRONIC TRUANT MAY 6,134
FILE A SWORN COMPLAINT WITH RESPECT TO THAT CHILD AND THE PARENT, 6,136
GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD IN THE 6,137
JUVENILE COURT OF THE COUNTY IN WHICH THE CHILD HAS A RESIDENCE 6,138
OR LEGAL SETTLEMENT OR IN WHICH THE CHILD IS SUPPOSED TO ATTEND 6,139
PUBLIC SCHOOL. THE SWORN COMPLAINT MAY BE UPON INFORMATION AND 6,140
BELIEF AND SHALL CONTAIN THE FOLLOWING ALLEGATIONS: 6,141
(a) THAT THE CHILD IS A DELINQUENT CHILD FOR BEING A 6,143
CHRONIC TRUANT OR AN HABITUAL TRUANT WHO PREVIOUSLY HAS BEEN 6,144
ADJUDICATED AN UNRULY CHILD FOR BEING A HABITUAL TRUANT AND, IN 6,146
ADDITION, THE PARTICULAR FACTS UPON WHICH THAT ALLEGATION IS 6,147
BASED;
(b) THAT THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE 6,149
OF THE CHILD HAS FAILED TO CAUSE THE CHILD'S ATTENDANCE AT SCHOOL 6,150
IN VIOLATION OF SECTION 3321.38 OF THE REVISED CODE AND, IN 6,151
ADDITION, THE PARTICULAR FACTS UPON WHICH THAT ALLEGATION IS 6,152
BASED.
140
(B) ANY PERSON WITH STANDING UNDER APPLICABLE LAW MAY FILE 6,154
A COMPLAINT FOR THE DETERMINATION OF ANY OTHER MATTER OVER WHICH 6,155
THE JUVENILE COURT IS GIVEN JURISDICTION BY SECTION 2151.23 OF 6,156
THE REVISED CODE. THE COMPLAINT SHALL BE FILED IN THE COUNTY IN 6,158
WHICH THE CHILD WHO IS THE SUBJECT OF THE COMPLAINT IS FOUND OR 6,159
WAS LAST KNOWN TO BE FOUND. 6,160
(C) WITHIN TEN DAYS AFTER THE FILING OF A COMPLAINT OR THE 6,162
ISSUANCE OF AN INDICTMENT, THE COURT SHALL GIVE WRITTEN NOTICE OF 6,164
THE FILING OF THE COMPLAINT OR THE ISSUANCE OF AN INDICTMENT AND 6,165
OF THE SUBSTANCE OF THE COMPLAINT OR INDICTMENT TO THE
SUPERINTENDENT OF A CITY, LOCAL, EXEMPTED VILLAGE, OR JOINT 6,167
VOCATIONAL SCHOOL DISTRICT IF THE COMPLAINT OR INDICTMENT ALLEGES 6,168
THAT A CHILD COMMITTED AN ACT THAT WOULD BE A CRIMINAL OFFENSE IF 6,170
COMMITTED BY AN ADULT, THAT THE CHILD WAS SIXTEEN YEARS OF AGE OR 6,171
OLDER AT THE TIME OF THE COMMISSION OF THE ALLEGED ACT, AND THAT 6,172
THE ALLEGED ACT IS ANY OF THE FOLLOWING:
(1) A VIOLATION OF SECTION 2923.122 OF THE REVISED CODE 6,174
THAT RELATES TO PROPERTY OWNED OR CONTROLLED BY, OR TO AN 6,176
ACTIVITY HELD UNDER THE AUSPICES OF, THE BOARD OF EDUCATION OF 6,177
THAT SCHOOL DISTRICT;
(2) A VIOLATION OF SECTION 2923.12 OF THE REVISED CODE, OF 6,180
A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE, OR OF SECTION 6,181
2925.03 OF THE REVISED CODE THAT WAS COMMITTED ON PROPERTY OWNED 6,182
OR CONTROLLED BY, OR AT AN ACTIVITY HELD UNDER THE AUSPICES OF, 6,183
THE BOARD OF EDUCATION OF THAT SCHOOL DISTRICT; 6,184
(3) A VIOLATION OF SECTION 2925.11 OF THE REVISED CODE 6,186
THAT WAS COMMITTED ON PROPERTY OWNED OR CONTROLLED BY, OR AT AN 6,188
ACTIVITY HELD UNDER THE AUSPICES OF, THE BOARD OF EDUCATION OF 6,189
THAT SCHOOL DISTRICT, OTHER THAN A VIOLATION OF THAT SECTION THAT 6,190
WOULD BE A MINOR DRUG POSSESSION OFFENSE IF COMMITTED BY AN 6,192
ADULT;
(4) A VIOLATION OF SECTION 2903.01, 2903.02, 2903.03, 6,194
2903.04, 2903.11, 2903.12, 2907.02, OR 2907.05 OF THE REVISED 6,195
CODE, OR A VIOLATION OF FORMER SECTION 2907.12 OF THE REVISED 6,197
141
CODE, THAT WAS COMMITTED ON PROPERTY OWNED OR CONTROLLED BY, OR 6,199
AT AN ACTIVITY HELD UNDER THE AUSPICES OF, THE BOARD OF EDUCATION
OF THAT SCHOOL DISTRICT, IF THE VICTIM AT THE TIME OF THE 6,200
COMMISSION OF THE ALLEGED ACT WAS AN EMPLOYEE OF THE BOARD OF 6,201
EDUCATION OF THAT SCHOOL DISTRICT; 6,202
(5) COMPLICITY IN ANY VIOLATION DESCRIBED IN DIVISION 6,204
(C)(1), (2), (3), OR (4) OF THIS SECTION THAT WAS ALLEGED TO HAVE 6,205
BEEN COMMITTED IN THE MANNER DESCRIBED IN DIVISION (C)(1), (2), 6,206
(3), OR (4) OF THIS SECTION, REGARDLESS OF WHETHER THE ACT OF 6,207
COMPLICITY WAS COMMITTED ON PROPERTY OWNED OR CONTROLLED BY, OR 6,209
AT AN ACTIVITY HELD UNDER THE AUSPICES OF, THE BOARD OF EDUCATION 6,210
OF THAT SCHOOL DISTRICT. 6,211
(D) A PUBLIC CHILDREN SERVICES AGENCY, ACTING PURSUANT TO 6,213
A COMPLAINT OR AN ACTION ON A COMPLAINT FILED UNDER THIS SECTION, 6,214
IS NOT SUBJECT TO THE REQUIREMENTS OF SECTION 3109.27 OF THE 6,216
REVISED CODE.
(E) FOR PURPOSES OF THE RECORD TO BE MAINTAINED BY THE 6,218
CLERK UNDER DIVISION (B) OF SECTION 2152.71 OF THE REVISED CODE, 6,220
WHEN A COMPLAINT IS FILED THAT ALLEGES THAT A CHILD IS A 6,221
DELINQUENT CHILD, THE COURT SHALL DETERMINE IF THE VICTIM OF THE 6,222
ALLEGED DELINQUENT ACT WAS SIXTY-FIVE YEARS OF AGE OR OLDER OR 6,223
PERMANENTLY AND TOTALLY DISABLED AT THE TIME OF THE ALLEGED 6,224
COMMISSION OF THE ACT. 6,225
Sec. 2151.25 2152.03. When a child is arrested under any 6,234
charge, complaint, affidavit, or indictment for a felony or a 6,236
misdemeanor, proceedings regarding the child initially shall be 6,238
in the juvenile court in accordance with this chapter. If the 6,239
child is taken before a judge of a county court, a mayor, a judge 6,240
of a municipal court, or a judge of a court of common pleas other 6,242
than a juvenile court, the judge of the county court, mayor, 6,244
judge of the municipal court, or judge of the court of common 6,245
pleas shall transfer the case to the juvenile court, and, upon 6,246
the transfer, the proceedings shall be in accordance with this 6,248
chapter. Upon the transfer, all further proceedings under the 6,249
142
charge, complaint, information, or indictment shall be 6,250
discontinued in the court of the judge of the county court, 6,251
mayor, municipal judge, or judge of the court of common pleas 6,253
other than a juvenile court subject to section 2151.26 2152.12 of 6,254
the Revised Code, and the. THE case relating to the child then 6,256
shall be within the exclusive jurisdiction of the juvenile court, 6,258
subject to section 2151.26 2152.12 of the Revised Code. 6,260
Sec. 2152.04. A CHILD WHO IS ALLEGED TO BE, OR WHO IS 6,262
ADJUDICATED, A DELINQUENT CHILD MAY BE CONFINED IN A PLACE OF 6,263
JUVENILE DETENTION PROVIDED UNDER SECTION 2152.41 OF THE REVISED 6,264
CODE FOR A PERIOD NOT TO EXCEED NINETY DAYS, DURING WHICH TIME A 6,265
SOCIAL HISTORY MAY BE PREPARED TO INCLUDE COURT RECORD, FAMILY
HISTORY, PERSONAL HISTORY, SCHOOL AND ATTENDANCE RECORDS, AND ANY 6,266
OTHER PERTINENT STUDIES AND MATERIAL THAT WILL BE OF ASSISTANCE 6,267
TO THE JUVENILE COURT IN ITS DISPOSITION OF THE CHARGES AGAINST 6,268
THAT ALLEGED OR ADJUDICATED DELINQUENT CHILD. 6,269
Sec. 2152.10. (A) A CHILD WHO IS ALLEGED TO BE A 6,271
DELINQUENT CHILD IS ELIGIBLE FOR MANDATORY TRANSFER AND SHALL BE 6,272
TRANSFERRED AS PROVIDED IN SECTION 2152.12 OF THE REVISED CODE IN 6,274
ANY OF THE FOLLOWING CIRCUMSTANCES: 6,275
(1) THE CHILD IS CHARGED WITH A CATEGORY ONE OFFENSE AND 6,277
EITHER OF THE FOLLOWING APPLY: 6,278
(a) THE CHILD WAS SIXTEEN YEARS OF AGE OR OLDER AT THE 6,280
TIME OF THE ACT CHARGED. 6,281
(b) THE CHILD WAS FOURTEEN OR FIFTEEN YEARS OF AGE AT THE 6,285
TIME OF THE ACT CHARGED AND PREVIOUSLY WAS ADJUDICATED A 6,286
DELINQUENT CHILD FOR COMMITTING AN ACT THAT IS A CATEGORY ONE OR 6,287
CATEGORY TWO OFFENSE AND WAS COMMITTED TO THE LEGAL CUSTODY OF 6,289
THE DEPARTMENT OF YOUTH SERVICES UPON THE BASIS OF THAT
ADJUDICATION. 6,290
(2) THE CHILD IS CHARGED WITH A CATEGORY TWO OFFENSE, 6,292
OTHER THAN A VIOLATION OF SECTION 2905.01 OF THE REVISED CODE, 6,293
THE CHILD WAS SIXTEEN YEARS OF AGE OR OLDER AT THE TIME OF THE 6,294
COMMISSION OF THE ACT CHARGED, AND EITHER OR BOTH OF THE 6,295
143
FOLLOWING APPLY:
(a) THE CHILD PREVIOUSLY WAS ADJUDICATED A DELINQUENT CHILD 6,297
FOR COMMITTING AN ACT THAT IS A CATEGORY ONE OR A CATEGORY TWO 6,298
OFFENSE AND WAS COMMITTED TO THE LEGAL CUSTODY OF THE DEPARTMENT 6,299
OF YOUTH SERVICES ON THE BASIS OF THAT ADJUDICATION. 6,300
(b) THE CHILD IS ALLEGED TO HAVE HAD A FIREARM ON OR ABOUT 6,302
THE CHILD'S PERSON OR UNDER THE CHILD'S CONTROL WHILE COMMITTING 6,303
THE ACT CHARGED AND TO HAVE DISPLAYED THE FIREARM, INDICATED 6,304
POSSESSION OF THE FIREARM, OR USED THE FIREARM TO FACILITATE THE 6,305
COMMISSION OF THE ACT CHARGED.
(3) DIVISION (A)(2) OF SECTION 2152.12 OF THE REVISED CODE 6,308
APPLIES. 6,309
(B) UNLESS THE CHILD IS SUBJECT TO MANDATORY TRANSFER, IF 6,311
A CHILD IS FOURTEEN YEARS OF AGE OR OLDER AT THE TIME OF THE ACT 6,312
CHARGED AND IF THE CHILD IS CHARGED WITH AN ACT THAT WOULD BE A
FELONY IF COMMITTED BY AN ADULT, THE CHILD IS ELIGIBLE FOR 6,313
DISCRETIONARY TRANSFER TO THE APPROPRIATE COURT FOR CRIMINAL 6,314
PROSECUTION. IN DETERMINING WHETHER TO TRANSFER THE CHILD FOR 6,315
CRIMINAL PROSECUTION, THE JUVENILE COURT SHALL FOLLOW THE 6,316
PROCEDURES IN SECTION 2152.12 OF THE REVISED CODE. IF THE COURT 6,317
DOES NOT TRANSFER THE CHILD AND IF THE COURT ADJUDICATES THE 6,318
CHILD TO BE A DELINQUENT CHILD FOR THE ACT CHARGED, THE COURT 6,319
SHALL ISSUE AN ORDER OF DISPOSITION IN ACCORDANCE WITH SECTION 6,320
2152.11 OF THE REVISED CODE. 6,321
Sec. 2152.11. (A) A CHILD WHO IS ADJUDICATED A DELINQUENT 6,323
CHILD FOR COMMITTING AN ACT THAT WOULD BE A FELONY IF COMMITTED 6,324
BY AN ADULT IS ELIGIBLE FOR A PARTICULAR TYPE OF DISPOSITION 6,326
UNDER THIS SECTION IF THE CHILD WAS NOT TRANSFERRED UNDER SECTION 6,327
2152.12 OF THE REVISED CODE. IF THE COMPLAINT, INDICTMENT, OR 6,329
INFORMATION CHARGING THE ACT INCLUDES ONE OR MORE OF THE 6,331
FOLLOWING FACTORS, THE ACT IS CONSIDERED TO BE ENHANCED, AND THE 6,332
CHILD IS ELIGIBLE FOR A MORE RESTRICTIVE DISPOSITION UNDER THIS 6,333
SECTION;
(1) THE ACT CHARGED AGAINST THE CHILD WOULD BE AN OFFENSE 6,335
144
OF VIOLENCE IF COMMITTED BY AN ADULT. 6,336
(2) DURING THE COMMISSION OF THE ACT CHARGED, THE CHILD 6,338
USED A FIREARM, DISPLAYED A FIREARM, BRANDISHED A FIREARM, OR 6,340
INDICATED THAT THE CHILD POSSESSED A FIREARM AND ACTUALLY 6,341
POSSESSED A FIREARM.
(3) THE CHILD PREVIOUSLY WAS ADMITTED TO A DEPARTMENT OF 6,343
YOUTH SERVICES FACILITY FOR THE COMMISSION OF AN ACT THAT WOULD 6,344
HAVE BEEN AGGRAVATED MURDER, MURDER, A FELONY OF THE FIRST OR 6,345
SECOND DEGREE IF COMMITTED BY AN ADULT, OR AN ACT THAT WOULD HAVE 6,347
BEEN A FELONY OF THE THIRD DEGREE AND AN OFFENSE OF VIOLENCE IF 6,348
COMMITTED BY AN ADULT.
(B) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 6,351
COMMITTING AN ACT THAT WOULD BE AGGRAVATED MURDER OR MURDER IF 6,353
COMMITTED BY AN ADULT, THE CHILD IS ELIGIBLE FOR WHICHEVER OF THE
FOLLOWING IS APPROPRIATE: 6,354
(1) MANDATORY SYO, IF THE ACT ALLEGEDLY WAS COMMITTED WHEN 6,357
THE CHILD WAS FOURTEEN OR FIFTEEN YEARS OF AGE;
(2) DISCRETIONARY SYO, IF THE ACT WAS COMMITTED WHEN THE 6,360
CHILD WAS TEN, ELEVEN, TWELVE, OR THIRTEEN YEARS OF AGE; 6,361
(3) TRADITIONAL JUVENILE, IF DIVISIONS (B)(1) AND (2) OF 6,363
THIS SECTION DO NOT APPLY. 6,364
(C) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 6,367
COMMITTING AN ACT THAT WOULD BE ATTEMPTED AGGRAVATED MURDER OR 6,368
ATTEMPTED MURDER IF COMMITTED BY AN ADULT, THE CHILD IS ELIGIBLE 6,369
FOR WHICHEVER OF THE FOLLOWING IS APPROPRIATE:
(1) MANDATORY SYO, IF THE ACT ALLEGEDLY WAS COMMITTED WHEN 6,372
THE CHILD WAS FOURTEEN OR FIFTEEN YEARS OF AGE;
(2) DISCRETIONARY SYO, IF THE ACT WAS COMMITTED WHEN THE 6,375
CHILD WAS TEN, ELEVEN, TWELVE, OR THIRTEEN YEARS OF AGE; 6,376
(3) TRADITIONAL JUVENILE, IF DIVISIONS (C)(1) AND (2) OF 6,378
THIS SECTION DO NOT APPLY. 6,379
(D) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 6,382
COMMITTING AN ACT THAT WOULD BE A FELONY OF THE FIRST DEGREE IF 6,383
COMMITTED BY AN ADULT, THE CHILD IS ELIGIBLE FOR WHICHEVER OF THE 6,384
145
FOLLOWING IS APPROPRIATE:
(1) MANDATORY SYO, IF THE ACT ALLEGEDLY WAS COMMITTED WHEN 6,387
THE CHILD WAS SIXTEEN OR SEVENTEEN YEARS OF AGE, AND THE ACT IS 6,389
ENHANCED BY THE FACTORS DESCRIBED IN DIVISION (A)(1) AND EITHER 6,390
DIVISION (A)(2) OR (3) OF THIS SECTION;
(2) DISCRETIONARY SYO, IF ANY OF THE FOLLOWING APPLIES: 6,392
(a) THE ACT WAS COMMITTED WHEN THE CHILD WAS SIXTEEN OR 6,394
SEVENTEEN YEARS OF AGE, AND DIVISION (D)(1) OF THIS SECTION DOES 6,395
NOT APPLY. 6,396
(b) THE ACT WAS COMMITTED WHEN THE CHILD WAS FOURTEEN OR 6,398
FIFTEEN YEARS OF AGE. 6,399
(c) THE ACT WAS COMMITTED WHEN THE CHILD WAS TWELVE OR 6,401
THIRTEEN YEARS OF AGE, AND THE ACT IS ENHANCED BY ANY FACTOR 6,402
DESCRIBED IN DIVISION (A)(1), (2), OR (3) OF THIS SECTION. 6,404
(d) THE ACT WAS COMMITTED WHEN THE CHILD WAS TEN OR ELEVEN 6,406
YEARS OF AGE, AND THE ACT IS ENHANCED BY THE FACTORS DESCRIBED IN 6,407
DIVISION (A)(1) AND EITHER DIVISION (A)(2) OR (3) OF THIS 6,408
SECTION. 6,409
(3) TRADITIONAL JUVENILE, IF DIVISIONS (D)(1) AND (2) OF 6,411
THIS SECTION DO NOT APPLY. 6,412
(E) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 6,415
COMMITTING AN ACT THAT WOULD BE A FELONY OF THE SECOND DEGREE IF 6,416
COMMITTED BY AN ADULT, THE CHILD IS ELIGIBLE FOR WHICHEVER OF THE 6,417
FOLLOWING IS APPROPRIATE: 6,418
(1) DISCRETIONARY SYO, IF THE ACT WAS COMMITTED WHEN THE 6,420
CHILD WAS FOURTEEN, FIFTEEN, SIXTEEN, OR SEVENTEEN YEARS OF AGE; 6,421
(2) DISCRETIONARY SYO, IF THE ACT WAS COMMITTED WHEN THE 6,424
CHILD WAS TWELVE OR THIRTEEN YEARS OF AGE, AND THE ACT IS 6,425
ENHANCED BY ANY FACTOR DESCRIBED IN DIVISION (A)(1), (2), OR (3) 6,426
OF THIS SECTION;
(3) TRADITIONAL JUVENILE, IF DIVISIONS (E)(1) AND (2) OF 6,429
THIS SECTION DO NOT APPLY. 6,430
(F) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 6,432
COMMITTING AN ACT THAT WOULD BE A FELONY OF THE THIRD DEGREE IF 6,435
146
COMMITTED BY AN ADULT, THE CHILD IS ELIGIBLE FOR WHICHEVER OF THE 6,437
FOLLOWING IS APPROPRIATE:
(1) DISCRETIONARY SYO, IF THE ACT WAS COMMITTED WHEN THE 6,441
CHILD WAS SIXTEEN OR SEVENTEEN YEARS OF AGE; 6,442
(2) DISCRETIONARY SYO, IF THE ACT WAS COMMITTED WHEN THE 6,445
CHILD WAS FOURTEEN OR FIFTEEN YEARS OF AGE, AND THE ACT IS 6,446
ENHANCED BY ANY FACTOR DESCRIBED IN DIVISION (A)(1), (2), OR (3) 6,447
OF THIS SECTION; 6,448
(3) TRADITIONAL JUVENILE, IF DIVISIONS (F)(1) AND (2) OF 6,450
THIS SECTION DO NOT APPLY. 6,451
(G) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 6,453
COMMITTING AN ACT THAT WOULD BE A FELONY OF THE FOURTH OR FIFTH 6,455
DEGREE IF COMMITTED BY AN ADULT, THE CHILD IS ELIGIBLE FOR 6,456
WHICHEVER OF THE FOLLOWING DISPOSITIONS IS APPROPRIATE: 6,457
(1) DISCRETIONARY SYO, IF THE ACT WAS COMMITTED WHEN THE 6,459
CHILD WAS SIXTEEN OR SEVENTEEN YEARS OF AGE, AND THE ACT IS 6,460
ENHANCED BY ANY FACTOR DESCRIBED IN DIVISION (A)(1), (2), OR (3) 6,462
OF THIS SECTION;
(2) TRADITIONAL JUVENILE, IF DIVISION (G)(1) OF THIS 6,464
SECTION DOES NOT APPLY. 6,465
(H) THE FOLLOWING TABLE DESCRIBES THE DISPOSITIONS THAT A 6,467
JUVENILE COURT MAY IMPOSE ON A DELINQUENT CHILD: 6,468
OFFENSE CATEGORY AGE AGE AGE AGE 6,472
(ENHANCEMENT FACTORS) 16 & 17 14 & 15 12 & 13 10 & 11 6,474
MURDER/AGGRAVATED MURDER N/A MSYO, DSYO, DSYO, 6,481
TJ TJ TJ
ATTEMPTED MURDER/ATTEMPTED N/A MSYO, DSYO, DSYO, 6,486
AGGRAVATED MURDER TJ TJ TJ
F1 (ENHANCED BY OFFENSE OF MSYO, DSYO, DSYO, DSYO, 6,490
VIOLENCE FACTOR AND EITHER TJ TJ TJ TJ 6,491
DISPOSITION FIREARM FACTOR
OR PREVIOUS DYS ADMISSION
FACTOR)
147
F1 (ENHANCED BY ANY SINGLE DSYO, DSYO, DSYO, TJ 6,495
OR OTHER COMBINATION OF TJ TJ TJ
ENHANCEMENT FACTORS)
F1 (NOT ENHANCED) DSYO, DSYO, TJ TJ 6,498
TJ TJ
F2 (ENHANCED BY ANY DSYO, DSYO, DSYO, TJ 6,501
ENHANCEMENT FACTOR) TJ TJ TJ
F2 (NOT ENHANCED) DSYO, DSYO, TJ TJ 6,503
TJ TJ
F3 (ENHANCED BY ANY DSYO, DSYO, TJ TJ 6,505
ENHANCEMENT FACTOR) TJ TJ
F3 (NOT ENHANCED) DSYO, TJ TJ TJ 6,508
TJ
F4 (ENHANCED BY ANY DSYO, TJ TJ TJ 6,510
ENHANCEMENT FACTOR) TJ
F4 (NOT ENHANCED) TJ TJ TJ TJ 6,512
F5 (ENHANCED BY ANY DSYO, TJ TJ TJ 6,515
ENHANCEMENT FACTOR) TJ
F5 (NOT ENHANCED) TJ TJ TJ TJ 6,517
(I) THE TABLE IN DIVISION (H) OF THIS SECTION IS FOR 6,521
ILLUSTRATIVE PURPOSES ONLY. IF THE TABLE CONFLICTS WITH ANY 6,522
PROVISION OF DIVISIONS (A) TO (G) OF THIS SECTION, DIVISIONS (A) 6,524
TO (G) OF THIS SECTION SHALL CONTROL. 6,525
(J) KEY FOR TABLE IN DIVISION (H) OF THIS SECTION: 6,528
(1) "ANY ENHANCEMENT FACTOR" APPLIES WHEN THE CRITERIA 6,530
DESCRIBED IN DIVISION (A)(1), (2), OR (3) OF THIS SECTION APPLY. 6,532
(2) THE "DISPOSITION FIREARM FACTOR" APPLIES WHEN THE 6,534
CRITERIA DESCRIBED IN DIVISION (A)(2) OF THIS SECTION APPLY. 6,535
(3) "DSYO" REFERS TO DISCRETIONARY SERIOUS YOUTHFUL 6,537
OFFENDER DISPOSITION. 6,538
(4) "F1" REFERS TO AN ACT THAT WOULD BE A FELONY OF THE 6,540
FIRST DEGREE IF COMMITTED BY AN ADULT. 6,541
(5) "F2" REFERS TO AN ACT THAT WOULD BE A FELONY OF THE 6,543
SECOND DEGREE IF COMMITTED BY AN ADULT. 6,544
148
(6) "F3" REFERS TO AN ACT THAT WOULD BE A FELONY OF THE 6,546
THIRD DEGREE IF COMMITTED BY AN ADULT. 6,547
(7) "F4" REFERS TO AN ACT THAT WOULD BE A FELONY OF THE 6,549
FOURTH DEGREE IF COMMITTED BY AN ADULT. 6,550
(8) "F5" REFERS TO AN ACT THAT WOULD BE A FELONY OF THE 6,552
FIFTH DEGREE IF COMMITTED BY AN ADULT. 6,553
(9) "MSYO" REFERS TO MANDATORY SERIOUS YOUTHFUL OFFENDER 6,555
DISPOSITION. 6,556
(10) THE "OFFENSE OF VIOLENCE FACTOR" APPLIES WHEN THE 6,558
CRITERIA DESCRIBED IN DIVISION (A)(1) OF THIS SECTION APPLY. 6,559
(11) THE "PREVIOUS DYS ADMISSION FACTOR" APPLIES WHEN THE 6,561
CRITERIA DESCRIBED IN DIVISION (A)(3) OF THIS SECTION APPLY. 6,562
(12) "TJ" REFERS TO TRADITIONAL JUVENILE. 6,564
Sec. 2151.26 2152.12. (A) As used in this section: 6,573
(1) "Category one offense" means any of the following: 6,575
(a) A violation of section 2903.01 or 2903.02 of the 6,577
Revised Code; 6,578
(b) A violation of section 2923.02 of the Revised Code 6,581
involving an attempt to commit aggravated murder or murder. 6,582
(2) "Category two offense" means any of the following: 6,584
(a) A violation of section 2903.03, 2905.01, 2907.02, 6,586
2909.02, 2911.01, or 2911.11 of the Revised Code; 6,588
(b) A violation of section 2903.04 of the Revised Code 6,590
that is a felony of the first degree; 6,591
(c) A violation of section 2907.12 of the Revised Code as 6,593
it existed prior to September 3, 1996. 6,594
(3) "Firearm" has the same meaning as in section 2923.11 6,597
of the Revised Code. 6,598
(4) "Act charged" means the act that a child allegedly 6,600
committed and that is identified in a complaint alleging that the 6,601
child is a delinquent child as the act that is the basis of the 6,602
child being a delinquent child.
(B)(1)(a) After a complaint has been filed alleging that a 6,604
child is a delinquent child for committing an act that would be 6,607
149
an offense AGGRAVATED MURDER, MURDER, ATTEMPTED AGGRAVATED 6,608
MURDER, OR ATTEMPTED MURDER if committed by an adult, the 6,610
JUVENILE court at a hearing shall transfer the case for criminal 6,611
prosecution to the appropriate court having jurisdiction of the 6,613
offense if the child was fourteen SIXTEEN OR SEVENTEEN years of 6,614
age or older at the time of the act charged, if AND there is 6,615
probable cause to believe that the child committed the act 6,617
charged, and. THE JUVENILE COURT ALSO SHALL TRANSFER THE CASE AT 6,618
A HEARING IF THE CHILD WAS FOURTEEN OR FIFTEEN YEARS OF AGE AT 6,619
THE TIME OF THE ACT CHARGED, IF SECTION 2152.10 OF THE REVISED 6,620
CODE PROVIDES THAT THE CHILD IS ELIGIBLE FOR MANDATORY TRANSFER, 6,622
AND IF THERE IS PROBABLE CAUSE TO BELIEVE THAT THE CHILD
COMMITTED THE ACT CHARGED. 6,623
(b) AFTER A COMPLAINT HAS BEEN FILED ALLEGING THAT A CHILD 6,625
IS A DELINQUENT CHILD BY REASON OF COMMITTING A CATEGORY TWO 6,626
OFFENSE, THE JUVENILE COURT AT A HEARING SHALL TRANSFER THE CASE 6,628
IF SECTION 2152.10 OF THE REVISED CODE REQUIRES THE MANDATORY 6,630
TRANSFER OF THE CASE AND THERE IS PROBABLE CAUSE TO BELIEVE THAT
THE CHILD COMMITTED THE ACT CHARGED. 6,631
(2) THE JUVENILE COURT ALSO SHALL TRANSFER A CASE IN THE 6,633
CIRCUMSTANCES DESCRIBED IN DIVISION (C)(5) OF SECTION 2152.02 OF 6,634
THE REVISED CODE OR if one or more EITHER of the following 6,636
applies to the child or the act charged: 6,637
(1)(a) A complaint IS FILED AGAINST A CHILD WHO IS 6,639
ELIGIBLE FOR A DISCRETIONARY TRANSFER UNDER SECTION 2152.10 OF 6,641
THE REVISED CODE AND WHO previously was filed in a juvenile court 6,642
alleging that the child was a delinquent child for committing an 6,643
act that would be an offense if committed by an adult, the 6,644
juvenile court transferred the case pursuant to division (B) or 6,645
(C) of this section for criminal prosecution to the appropriate 6,646
court having jurisdiction of the offense, and the child was 6,647
convicted of or pleaded guilty to a felony in that A case THAT 6,648
WAS TRANSFERRED TO A CRIMINAL COURT. 6,649
(2) The (b) A COMPLAINT IS FILED AGAINST A child WHO is 6,652
150
domiciled in another state ALLEGING THAT THE CHILD IS A
DELINQUENT CHILD FOR COMMITTING AN ACT THAT WOULD BE A FELONY IF 6,653
COMMITTED BY AN ADULT, and, if the act charged had been committed 6,655
in that other state, the child would be subject to criminal 6,656
prosecution as an adult under the law of that other state without 6,657
the need for a transfer of jurisdiction from a juvenile, family, 6,658
or similar noncriminal court to a criminal court. 6,659
(3) The act charged is a category one offense, and either 6,662
or both of the following apply to the child: 6,663
(a) The child was sixteen years of age or older at the 6,666
time of the act charged.
(b) The child previously was adjudicated a delinquent 6,669
child for committing an act that is a category one offense or a
category two offense and was committed to the legal custody of 6,670
the department of youth services upon the basis of that 6,671
adjudication.
(4) The act charged is a category two offense, other than 6,674
a violation of section 2905.01 of the Revised Code, the child was 6,675
sixteen years of age or older at the time of the commission of 6,676
the act charged, and either or both of the following apply to the 6,677
child:
(a) The child previously was adjudicated a delinquent 6,680
child for committing an act that is a category one offense or a 6,681
category two offense and was committed to the legal custody of
the department of youth services upon the basis of that 6,682
adjudication.
(b) The child is alleged to have had a firearm on or about 6,684
the child's person or under the child's control while committing 6,685
the act charged and to have displayed the firearm, brandished the 6,686
firearm, indicated possession of the firearm, or used the firearm 6,687
to facilitate the commission of the act charged. 6,688
(C)(1)(B) Except as provided in division (B)(A) of this 6,692
section and subject to division (C)(4) of this section, after a 6,693
complaint has been filed alleging that a child is a delinquent
151
child for committing an act that would be a felony if committed 6,694
by an adult, the JUVENILE court at a hearing may transfer the 6,695
case for criminal prosecution to the appropriate court having 6,697
jurisdiction of the offense, after considering the factors 6,698
specified in division (C)(2) of this section and after making IF 6,699
THE COURT FINDS all of the following determinations: 6,700
(a)(1) The child was fourteen years of age or older at the 6,702
time of the act charged. 6,703
(b)(2) There is probable cause to believe that the child 6,705
committed the act charged. 6,706
(c) After (3) THE CHILD IS NOT AMENABLE TO CARE OR 6,710
REHABILITATION WITHIN THE JUVENILE SYSTEM, AND THE SAFETY OF THE 6,711
COMMUNITY MAY REQUIRE THAT THE CHILD BE SUBJECT TO ADULT 6,712
SANCTIONS. IN MAKING ITS DECISION UNDER THIS DIVISION, THE COURT 6,713
SHALL CONSIDER WHETHER THE APPLICABLE FACTORS UNDER DIVISION (D) 6,714
OF THIS SECTION INDICATING THAT THE CASE SHOULD BE TRANSFERRED 6,716
OUTWEIGH THE APPLICABLE FACTORS UNDER DIVISION (E) OF THIS 6,717
SECTION INDICATING THAT THE CASE SHOULD NOT BE TRANSFERRED. THE 6,719
RECORD SHALL INDICATE THE SPECIFIC FACTORS THAT WERE APPLICABLE 6,720
AND THAT THE COURT WEIGHED. 6,721
(C) BEFORE CONSIDERING A TRANSFER UNDER DIVISION (B) OF 6,723
THIS SECTION, THE JUVENILE COURT SHALL ORDER an investigation, 6,725
including a mental examination of the child made by a public or 6,726
private agency or a person qualified to make the examination, and 6,727
after consideration of all relevant information and factors, 6,728
including any factor required to be considered under division 6,729
(C)(2) of this section, that there are reasonable grounds to 6,730
believe that both of the following criteria are satisfied: 6,731
(i) The child is not amenable to care or rehabilitation or 6,733
further care or rehabilitation in any facility designed for the 6,734
care, supervision, and rehabilitation of delinquent children. 6,735
(ii) The safety of the community may require that the 6,737
child be placed under legal restraint, including, if necessary, 6,738
for the period extending beyond the child's majority. 6,739
152
(2) Subject to division (C)(4) of this section, when 6,742
determining whether to order the transfer of a case for criminal 6,743
prosecution to the appropriate court having jurisdiction of the 6,744
offense pursuant to division (C)(1) of this section, the court 6,745
shall consider all of the following factors in favor of ordering 6,746
the transfer of the case:
(a) A victim of the act charged was five years of age or 6,748
younger, regardless of whether the child who is alleged to have 6,749
committed that act knew the age of that victim; 6,750
(b) A victim of the act charged sustained physical harm to 6,753
the victim's person during the commission of or otherwise as a 6,754
result of the act charged.
(c) The act charged is not a violation of section 2923.12 6,756
of the Revised Code, and the child is alleged to have had a 6,757
firearm on or about the child's person or under the child's 6,758
control while committing the act charged and to have displayed 6,759
the firearm, brandished the firearm, indicated possession of the 6,760
firearm, or used the firearm to facilitate the commission of the 6,761
act charged.
(d) The child has a history indicating a failure to be 6,763
rehabilitated following one or more commitments pursuant to 6,764
division (A)(3), (4), (5), (6), or (7) of section 2151.355 of the 6,765
Revised Code. 6,766
(e) A victim of the act charged was sixty-five years of 6,769
age or older or permanently and totally disabled at the time of 6,770
the commission of the act charged, regardless of whether the 6,772
child who is alleged to have committed that act knew the age of
that victim. 6,773
(3) A. THE child whose case is being considered for 6,776
possible transfer for criminal prosecution to the appropriate
court having jurisdiction of the offense under division (C)(1) of 6,777
this section may waive the examination required by THIS division 6,778
(C)(1)(c) of this section, if the court finds THAT the waiver is 6,780
competently and intelligently made. Refusal to submit to a
153
mental and physical examination by the child constitutes a waiver 6,781
of the examination. 6,782
(4)(D) IN CONSIDERING WHETHER TO TRANSFER A CHILD UNDER 6,785
DIVISION (B) OF THIS SECTION, THE JUVENILE COURT SHALL CONSIDER 6,786
THE FOLLOWING RELEVANT FACTORS, AND ANY OTHER RELEVANT FACTORS, 6,788
IN FAVOR OF A TRANSFER UNDER THAT DIVISION: 6,789
(1) THE VICTIM OF THE ACT CHARGED SUFFERED PHYSICAL OR 6,791
PSYCHOLOGICAL HARM, OR SERIOUS ECONOMIC HARM, AS A RESULT OF THE 6,792
ALLEGED ACT. 6,793
(2) THE PHYSICAL OR PSYCHOLOGICAL HARM SUFFERED BY THE 6,795
VICTIM DUE TO THE ALLEGED ACT OF THE CHILD WAS EXACERBATED 6,796
BECAUSE OF THE PHYSICAL OR PSYCHOLOGICAL VULNERABILITY OR THE AGE 6,797
OF THE VICTIM.
(3) THE CHILD'S RELATIONSHIP WITH THE VICTIM FACILITATED 6,799
THE ACT CHARGED. 6,800
(4) THE CHILD ALLEGEDLY COMMITTED THE ACT CHARGED FOR HIRE 6,802
OR AS A PART OF A GANG OR OTHER ORGANIZED CRIMINAL ACTIVITY. 6,803
(5) THE CHILD HAD A FIREARM ON OR ABOUT THE CHILD'S PERSON 6,805
OR UNDER THE CHILD'S CONTROL AT THE TIME OF THE ACT CHARGED, THE 6,807
ACT CHARGED IS NOT A VIOLATION OF SECTION 2923.12 OF THE REVISED 6,808
CODE, AND THE CHILD, DURING THE COMMISSION OF THE ACT CHARGED, 6,809
ALLEGEDLY USED OR DISPLAYED THE FIREARM, BRANDISHED THE FIREARM, 6,812
OR INDICATED THAT THE CHILD POSSESSED A FIREARM.
(6) AT THE TIME OF THE ACT CHARGED, THE CHILD WAS AWAITING 6,815
ADJUDICATION OR DISPOSITION AS A DELINQUENT CHILD, WAS UNDER A 6,816
COMMUNITY CONTROL SANCTION, OR WAS ON PAROLE FOR A PRIOR
DELINQUENT CHILD ADJUDICATION OR CONVICTION. 6,817
(7) THE RESULTS OF ANY PREVIOUS JUVENILE SANCTIONS AND 6,819
PROGRAMS INDICATE THAT REHABILITATION OF THE CHILD WILL NOT OCCUR 6,820
IN THE JUVENILE SYSTEM. 6,821
(8) THE CHILD IS EMOTIONALLY, PHYSICALLY, OR 6,823
PSYCHOLOGICALLY MATURE ENOUGH FOR THE TRANSFER. 6,824
(9) THERE IS NOT SUFFICIENT TIME TO REHABILITATE THE CHILD 6,826
WITHIN THE JUVENILE SYSTEM. 6,827
154
(E) IN CONSIDERING WHETHER TO TRANSFER A CHILD UNDER 6,829
DIVISION (B) OF THIS SECTION, THE JUVENILE COURT SHALL CONSIDER 6,830
THE FOLLOWING RELEVANT FACTORS, AND ANY OTHER RELEVANT FACTORS, 6,832
AGAINST A TRANSFER UNDER THAT DIVISION: 6,833
(1) THE VICTIM INDUCED OR FACILITATED THE ACT CHARGED. 6,835
(2) THE CHILD ACTED UNDER PROVOCATION IN ALLEGEDLY 6,837
COMMITTING THE ACT CHARGED. 6,838
(3) THE CHILD WAS NOT THE PRINCIPAL ACTOR IN THE ACT 6,841
CHARGED, OR, AT THE TIME OF THE ACT CHARGED, THE CHILD WAS UNDER
THE NEGATIVE INFLUENCE OR COERCION OF ANOTHER PERSON. 6,843
(4) THE CHILD DID NOT CAUSE PHYSICAL HARM TO ANY PERSON OR 6,845
PROPERTY, OR HAVE REASONABLE CAUSE TO BELIEVE THAT HARM OF THAT 6,846
NATURE WOULD OCCUR, IN ALLEGEDLY COMMITTING THE ACT CHARGED. 6,847
(5) THE CHILD PREVIOUSLY HAS NOT BEEN ADJUDICATED A 6,849
DELINQUENT CHILD. 6,850
(6) THE CHILD IS NOT EMOTIONALLY, PHYSICALLY, OR 6,852
PSYCHOLOGICALLY MATURE ENOUGH FOR THE TRANSFER. 6,853
(7) THE CHILD HAS A MENTAL ILLNESS OR IS A MENTALLY 6,855
RETARDED PERSON.
(8) THERE IS SUFFICIENT TIME TO REHABILITATE THE CHILD 6,857
WITHIN THE JUVENILE SYSTEM AND THE LEVEL OF SECURITY AVAILABLE IN 6,858
THE JUVENILE SYSTEM PROVIDES A REASONABLE ASSURANCE OF PUBLIC 6,859
SAFETY.
(F) If one or more complaints are filed alleging that a 6,862
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 6,863
or made alleging that division (B)(2), (3), or (4)(A) of this 6,865
section applies and requires that the case or cases involving one 6,868
or more of the acts charged be transferred for criminal 6,869
prosecution to the appropriate court having jurisdiction over the 6,870
offense, and if a motion also is filed or made requesting that 6,871
the case or cases involving one or more of the acts charged be 6,873
transferred for criminal prosecution to the appropriate court 6,874
having jurisdiction of the offense pursuant to division (C)(1)(B) 6,876
155
of this section, the JUVENILE court, in deciding the motions, 6,878
shall proceed in the following manner: 6,879
(a)(1) Initially, the court shall decide the motion 6,881
alleging that division (B)(2), (3), or (4)(A) of this section 6,882
applies and requires that the case or cases involving one or more 6,884
of the acts charged be transferred for criminal prosecution to 6,885
the appropriate court having jurisdiction over the offense. 6,887
(b)(2) If, pursuant to division (C)(4)(a) of this section, 6,890
the court determines that division (B)(2), (3), or (4)(A) of this 6,891
section applies and requires that the case or cases involving one 6,895
or more of the acts charged be transferred for criminal 6,896
prosecution to the appropriate court having jurisdiction over the
offense, the court shall transfer the case or cases in accordance 6,897
with the applicable THAT division. After the transfer pursuant 6,898
to division (B)(2), (3), or (4)(A) of this section, the court 6,900
shall decide, in accordance with division (C)(4)(b)(B) of this 6,902
section, whether to grant the motion requesting that the case or 6,903
cases involving one or more of the acts charged be transferred 6,904
for criminal prosecution to the appropriate court having 6,905
jurisdiction of the offense pursuant to THAT division (C)(1) of 6,906
this section. In making its decision regarding the motion 6,908
requesting a transfer pursuant to division (C)(1) of this 6,909
section, the court at a hearing may transfer the subject case to 6,910
the appropriate court having jurisdiction of the offense if the 6,911
act charged in the case would be a felony if committed by an 6,912
adult, if the child was fourteen years of age or older at the 6,913
time of the act charged, and if there is probable cause to 6,914
believe that the child committed the act charged. 6,915
Notwithstanding divisions (C)(1) to (3) DIVISION (B) of this 6,916
section, prior to transferring a case pursuant to division 6,918
(C)(4)(b)(A) of this section, the court is not required to 6,919
consider any factor specified in division (C)(2)(D) OR (E) of 6,920
this section or to conduct an investigation or make a 6,921
determination of the type described in UNDER division (C)(1)(c) 6,922
156
of this section.
(c)(3) If the court determines pursuant to division 6,924
(C)(4)(a) of this section, that divisions (B)(2), (3), and (4) 6,926
DIVISION (A) of this section do DOES not apply and that none of 6,927
those divisions requires REQUIRE that the case or cases involving 6,928
one or more of the acts charged be transferred for criminal 6,931
prosecution to the appropriate court having jurisdiction over the 6,932
offense, the court shall decide in accordance with divisions 6,933
(C)(1) to (3) DIVISION (B) of this section whether to grant the 6,935
motion requesting that the case or cases involving one or more of
the acts charged be transferred for criminal prosecution to the 6,937
appropriate court having jurisdiction of the offense pursuant to 6,939
division (C)(1) of this section THAT DIVISION. 6,940
(D)(G) The court shall give notice in writing of the time, 6,942
place, and purpose of any hearing held pursuant to division (A) 6,944
OR (B) or (C) of this section to the child's parents, guardian, 6,946
or other custodian and to the child's counsel at least three days 6,947
prior to the hearing. 6,948
(E)(H) No person, either before or after reaching eighteen 6,950
years of age, shall be prosecuted as an adult for an offense 6,951
committed prior to becoming eighteen years of age, unless the 6,952
person has been transferred as provided in division (A) OR (B) or 6,954
(C) of this section or unless division (G)(J) of this section 6,955
applies. Any prosecution that is had in a criminal court on the 6,957
mistaken belief that the person who is the subject of the case 6,958
was eighteen years of age or older at the time of the commission 6,959
of the offense shall be deemed a nullity, and the person shall 6,960
not be considered to have been in jeopardy on the offense.
(F)(I) Upon the transfer of a case for criminal 6,962
prosecution to the appropriate court having jurisdiction of the 6,963
offense under division (A) OR (B) or (C) of this section, the 6,966
juvenile court shall state the reasons for the transfer ON THE 6,967
RECORD, and SHALL order the child to enter into a recognizance 6,969
with good and sufficient surety for the child's appearance before 6,971
157
the appropriate court for any disposition that the court is 6,972
authorized to make for a similar act committed by an adult. The 6,973
transfer abates the jurisdiction of the juvenile court with
respect to the delinquent acts alleged in the complaint, and, 6,974
upon the transfer, all further proceedings pertaining to the act 6,975
charged shall be discontinued in the juvenile court, and the case 6,977
then shall be within the jurisdiction of the court to which it is
transferred as described in division (H) of section 2151.23 of 6,978
the Revised Code. 6,979
(G)(J) If a person under eighteen years of age allegedly 6,982
commits an act that would be a felony if committed by an adult 6,983
and if the person is not taken into custody or apprehended for 6,984
that act until after the person attains twenty-one years of age, 6,985
the juvenile court does not have jurisdiction to hear or 6,987
determine any portion of the case charging the person with 6,988
committing that act. IN THOSE CIRCUMSTANCES, divisions (A) AND 6,989
(B) and (C) of this section do not apply regarding that THE act, 6,991
AND the case charging the person with committing that THE act 6,993
shall be a criminal prosecution commenced and heard in the 6,994
appropriate court having jurisdiction of the offense as if the 6,995
person had been eighteen years of age or older when the person 6,996
committed that THE act, all. ALL proceedings pertaining to that 6,998
THE act shall be within the jurisdiction of the court having 6,999
jurisdiction of the offense, and the THAT court having 7,000
jurisdiction of the offense has all the authority and duties in 7,001
the case as it has in other criminal cases commenced in that 7,002
court.
Sec. 2152.13. (A) A JUVENILE COURT MAY IMPOSE A SERIOUS 7,005
YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE ON A CHILD ONLY IF THE 7,006
PROSECUTING ATTORNEY OF THE COUNTY IN WHICH THE DELINQUENT ACT 7,007
ALLEGEDLY OCCURRED INITIATES THE PROCESS AGAINST THE CHILD IN 7,008
ACCORDANCE WITH THIS DIVISION OR DIVISION (B) OF THIS SECTION, 7,009
AND THE CHILD IS AN ALLEGED DELINQUENT CHILD WHO IS ELIGIBLE FOR 7,012
THE DISPOSITIONAL SENTENCE. THE PROSECUTING ATTORNEY MAY 7,014
158
INITIATE THE PROCESS IN ANY OF THE FOLLOWING WAYS:
(1) THE CHILD IS INDICTED AS A SERIOUS YOUTHFUL OFFENDER 7,016
OR IS CHARGED IN A BILL OF INFORMATION AS A SERIOUS YOUTHFUL 7,017
OFFENDER.
(2) THE ORIGINAL COMPLAINT ALLEGING THAT THE CHILD IS A 7,019
DELINQUENT CHILD REQUESTS A SERIOUS YOUTHFUL OFFENDER 7,020
DISPOSITIONAL SENTENCE. 7,021
(B) UNLESS THE ORIGINAL COMPLAINT INCLUDES A NOTICE OF 7,025
INTENT TO SEEK THAT TYPE OF SENTENCE, THE PROSECUTING ATTORNEY 7,026
SHALL FILE WITH THE JUVENILE COURT A WRITTEN NOTICE OF INTENT TO 7,029
SEEK A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE WITHIN 7,030
TWENTY DAYS AFTER THE LATER OF THE FOLLOWING, UNLESS THE TIME IS 7,032
EXTENDED BY THE JUVENILE COURT FOR GOOD CAUSE SHOWN:
(1) THE DATE OF THE CHILD'S FIRST JUVENILE COURT HEARING 7,034
REGARDING THE COMPLAINT; 7,036
(2) THE DATE THE JUVENILE COURT DETERMINES NOT TO TRANSFER 7,038
THE CASE UNDER SECTION 2152.12 OF THE REVISED CODE. 7,039
AFTER A WRITTEN NOTICE IS FILED UNDER THIS DIVISION, THE 7,042
JUVENILE COURT SHALL SERVE A COPY OF THE NOTICE ON THE CHILD AND 7,044
ADVISE THE CHILD OF THE PROSECUTING ATTORNEY'S INTENT TO SEEK A 7,045
SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE IN THE CASE. 7,046
(C) IF AN ALLEGED DELINQUENT CHILD IS NOT INDICTED OR 7,048
CHARGED BY INFORMATION AS DESCRIBED IN DIVISION (A) OF THIS 7,049
SECTION AND IF A NOTICE OR COMPLAINT AS DESCRIBED IN DIVISION 7,051
(A)(3) OR (B) OF THIS SECTION INDICATES THAT THE PROSECUTING 7,053
ATTORNEY INTENDS TO PURSUE A SERIOUS YOUTHFUL OFFENDER
DISPOSITIONAL SENTENCE IN THE CASE, THE JUVENILE COURT SHALL HOLD 7,055
A PRELIMINARY HEARING TO DETERMINE IF THERE IS PROBABLE CAUSE
THAT THE CHILD COMMITTED THE ACT CHARGED AND IS BY AGE ELIGIBLE 7,057
FOR, OR REQUIRED TO RECEIVE, A SERIOUS YOUTHFUL OFFENDER
DISPOSITIONAL SENTENCE. 7,058
(D)(1) A CHILD FOR WHOM A SERIOUS YOUTHFUL OFFENDER 7,060
DISPOSITIONAL SENTENCE IS SOUGHT HAS THE RIGHT TO A GRAND JURY 7,061
DETERMINATION OF PROBABLE CAUSE THAT THE CHILD COMMITTED THE ACT 7,062
159
CHARGED AND THAT THE CHILD IS ELIGIBLE BY AGE FOR A SERIOUS 7,063
YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE. THE GRAND JURY MAY BE 7,065
IMPANELED BY THE COURT OF COMMON PLEAS OR THE JUVENILE COURT. 7,066
ONCE A CHILD IS INDICTED, OR CHARGED BY INFORMATION OR THE 7,069
JUVENILE COURT DETERMINES THAT THE CHILD IS ELIGIBLE FOR A 7,070
SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE, THE CHILD IS 7,071
ENTITLED TO AN OPEN AND SPEEDY TRIAL BY JURY IN JUVENILE COURT 7,072
AND TO BE PROVIDED WITH A TRANSCRIPT OF THE PROCEEDINGS. THE 7,073
TIME WITHIN WHICH THE TRIAL IS TO BE HELD UNDER TITLE XXIX OF THE 7,074
REVISED CODE COMMENCES ON WHICHEVER OF THE FOLLOWING DATES IS 7,075
APPLICABLE:
(a) IF THE CHILD IS INDICTED OR CHARGED BY INFORMATION, ON 7,077
THE DATE OF THE FILING OF THE INDICTMENT OR INFORMATION. 7,079
(b) IF THE CHILD IS CHARGED BY AN ORIGINAL COMPLAINT THAT 7,081
REQUESTS A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE, ON 7,082
THE DATE OF THE FILING OF THE COMPLAINT. 7,083
(c) IF THE CHILD IS NOT CHARGED BY AN ORIGINAL COMPLAINT 7,085
THAT REQUESTS A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE, 7,087
ON THE DATE THAT THE PROSECUTING ATTORNEY FILES THE WRITTEN 7,089
NOTICE OF INTENT TO SEEK A SERIOUS YOUTHFUL OFFENDER
DISPOSITIONAL SENTENCE. 7,090
(2) IF THE CHILD IS DETAINED AWAITING ADJUDICATION, UPON 7,093
INDICTMENT OR BEING CHARGED BY INFORMATION, THE CHILD HAS THE 7,095
SAME RIGHT TO BAIL AS AN ADULT CHARGED WITH THE OFFENSE THE 7,096
ALLEGED DELINQUENT ACT WOULD BE IF COMMITTED BY AN ADULT. EXCEPT 7,097
AS PROVIDED IN DIVISION (D) OF SECTION 2152.14 OF THE REVISED 7,098
CODE, ALL PROVISIONS OF TITLE XXIX OF THE REVISED CODE AND THE 7,102
CRIMINAL RULES SHALL APPLY IN THE CASE AND TO THE CHILD. THE 7,103
JUVENILE COURT SHALL AFFORD THE CHILD ALL RIGHTS AFFORDED A 7,104
PERSON WHO IS PROSECUTED FOR COMMITTING A CRIME INCLUDING THE 7,106
RIGHT TO COUNSEL AND THE RIGHT TO RAISE THE ISSUE OF COMPETENCY. 7,107
THE CHILD MAY NOT WAIVE THE RIGHT TO COUNSEL.
(E)(1) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 7,110
COMMITTING AN ACT UNDER CIRCUMSTANCES THAT REQUIRE THE JUVENILE
160
COURT TO IMPOSE UPON THE CHILD A SERIOUS YOUTHFUL OFFENDER 7,112
DISPOSITIONAL SENTENCE UNDER SECTION 2152.11 OF THE REVISED CODE, 7,113
ALL OF THE FOLLOWING APPLY: 7,114
(a) THE JUVENILE COURT SHALL IMPOSE UPON THE CHILD A 7,116
SENTENCE AVAILABLE FOR THE VIOLATION, AS IF THE CHILD WERE AN 7,117
ADULT, UNDER CHAPTER 2929. OF THE REVISED CODE, EXCEPT THAT THE 7,118
JUVENILE COURT SHALL NOT IMPOSE ON THE CHILD A SENTENCE OF DEATH 7,119
OR LIFE IMPRISONMENT WITHOUT PAROLE. 7,120
(b) THE JUVENILE COURT ALSO SHALL IMPOSE UPON THE CHILD 7,122
ONE OR MORE TRADITIONAL JUVENILE DISPOSITIONS UNDER SECTIONS 7,123
2152.16 AND 2152.19 OF THE REVISED CODE. 7,125
(c) THE JUVENILE COURT SHALL STAY THE ADULT PORTION OF THE 7,127
SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE PENDING THE 7,128
SUCCESSFUL COMPLETION OF THE TRADITIONAL JUVENILE DISPOSITIONS 7,130
IMPOSED.
(2)(a) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 7,134
COMMITTING AN ACT UNDER CIRCUMSTANCES THAT ALLOW, BUT DO NOT 7,135
REQUIRE, THE JUVENILE COURT TO IMPOSE ON THE CHILD A SERIOUS 7,136
YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE UNDER SECTION 2152.11 OF 7,138
THE REVISED CODE, ALL OF THE FOLLOWING APPLY: 7,139
(i) IF THE JUVENILE COURT ON THE RECORD MAKES A FINDING 7,142
THAT, GIVEN THE NATURE AND CIRCUMSTANCES OF THE VIOLATION AND THE 7,143
HISTORY OF THE CHILD, THE LENGTH OF TIME, LEVEL OF SECURITY, AND 7,144
TYPES OF PROGRAMMING AND RESOURCES AVAILABLE IN THE JUVENILE 7,145
SYSTEM ALONE ARE NOT ADEQUATE TO PROVIDE THE JUVENILE COURT WITH 7,146
A REASONABLE EXPECTATION THAT THE PURPOSES SET FORTH IN SECTION 7,147
2152.01 OF THE REVISED CODE WILL BE MET, THE JUVENILE COURT MAY 7,148
IMPOSE UPON THE CHILD A SENTENCE AVAILABLE FOR THE VIOLATION, AS 7,150
IF THE CHILD WERE AN ADULT, UNDER CHAPTER 2929. OF THE REVISED 7,152
CODE, EXCEPT THAT THE JUVENILE COURT SHALL NOT IMPOSE ON THE 7,153
CHILD A SENTENCE OF DEATH OR LIFE IMPRISONMENT WITHOUT PAROLE. 7,154
(ii) IF A SENTENCE IS IMPOSED UNDER DIVISION (E)(2)(a)(i) 7,157
OF THIS SECTION, THE JUVENILE COURT ALSO SHALL IMPOSE UPON THE 7,158
CHILD ONE OR MORE TRADITIONAL JUVENILE DISPOSITIONS UNDER 7,159
161
SECTIONS 2152.16, 2152.19, AND 2152.20 AND, IF APPLICABLE, 7,160
SECTION 2152.17 OF THE REVISED CODE. 7,161
(iii) THE JUVENILE COURT SHALL STAY THE ADULT PORTION OF 7,163
THE SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE PENDING THE 7,164
SUCCESSFUL COMPLETION OF THE TRADITIONAL JUVENILE DISPOSITIONS 7,166
IMPOSED.
(b) IF THE JUVENILE COURT DOES NOT FIND THAT A SENTENCE 7,168
SHOULD BE IMPOSED UNDER DIVISION (E)(2)(a)(i) OF THIS SECTION, 7,170
THE JUVENILE COURT MAY IMPOSE ONE OR MORE TRADITIONAL JUVENILE 7,171
DISPOSITIONS UNDER SECTIONS 2152.16, 2152.19, AND, IF APPLICABLE, 7,172
SECTION 2152.17 OF THE REVISED CODE.
(3) A CHILD UPON WHOM A SERIOUS YOUTHFUL OFFENDER 7,174
DISPOSITIONAL SENTENCE IS IMPOSED UNDER DIVISION (E)(1) OR (2) OF 7,175
THIS SECTION HAS A RIGHT TO APPEAL UNDER DIVISION (A)(1), (3), 7,176
(4), (5), OR (6) OF SECTION 2953.08 OF THE REVISED CODE THE ADULT 7,179
PORTION OF THE SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE 7,180
WHEN ANY OF THOSE DIVISIONS APPLY. THE CHILD MAY APPEAL THE 7,181
ADULT PORTION, AND THE COURT SHALL CONSIDER THE APPEAL AS IF THE 7,182
ADULT PORTION WERE NOT STAYED. 7,183
Sec. 2152.14. (A)(1) THE DIRECTOR OF YOUTH SERVICES MAY 7,185
REQUEST THE PROSECUTING ATTORNEY OF THE COUNTY IN WHICH IS 7,186
LOCATED THE JUVENILE COURT THAT IMPOSED A SERIOUS YOUTHFUL 7,188
OFFENDER DISPOSITIONAL SENTENCE UPON A PERSON TO FILE A MOTION 7,189
WITH THAT JUVENILE COURT TO INVOKE THE ADULT PORTION OF THE 7,190
DISPOSITIONAL SENTENCE IF ALL OF THE FOLLOWING APPLY TO THE 7,191
PERSON: 7,192
(a) THE PERSON IS AT LEAST FOURTEEN YEARS OF AGE. 7,194
(b) THE PERSON IS IN THE INSTITUTIONAL CUSTODY, OR AN 7,196
ESCAPEE FROM THE CUSTODY, OF THE DEPARTMENT OF YOUTH SERVICES. 7,198
(c) THE PERSON IS SERVING THE JUVENILE PORTION OF THE 7,200
SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE. 7,201
(2) THE MOTION SHALL STATE THAT THERE IS REASONABLE CAUSE 7,203
TO BELIEVE THAT EITHER OF THE FOLLOWING MISCONDUCT HAS OCCURRED 7,204
AND SHALL STATE THAT AT LEAST ONE INCIDENT OF MISCONDUCT OF THAT 7,205
162
NATURE OCCURRED AFTER THE PERSON REACHED FOURTEEN YEARS OF AGE: 7,206
(a) THE PERSON COMMITTED AN ACT THAT IS A VIOLATION OF THE 7,208
RULES OF THE INSTITUTION AND THAT COULD BE CHARGED AS ANY FELONY 7,209
OR AS A FIRST DEGREE MISDEMEANOR OFFENSE OF VIOLENCE IF COMMITTED 7,212
BY AN ADULT.
(b) THE PERSON HAS ENGAGED IN CONDUCT THAT CREATES A 7,215
SUBSTANTIAL RISK TO THE SAFETY OR SECURITY OF THE INSTITUTION,
THE COMMUNITY, OR THE VICTIM. 7,217
(B) IF A PERSON IS AT LEAST FOURTEEN YEARS OF AGE, IS 7,219
SERVING THE JUVENILE PORTION OF A SERIOUS YOUTHFUL OFFENDER 7,220
DISPOSITIONAL SENTENCE, AND IS ON PAROLE OR AFTERCARE FROM A 7,222
DEPARTMENT OF YOUTH SERVICES FACILITY, OR ON COMMUNITY CONTROL, 7,223
THE DIRECTOR OF YOUTH SERVICES, THE JUVENILE COURT THAT IMPOSED 7,224
THE SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE ON THE 7,225
PERSON, OR THE PROBATION DEPARTMENT SUPERVISING THE PERSON MAY
REQUEST THE PROSECUTING ATTORNEY OF THE COUNTY IN WHICH IS 7,226
LOCATED THE JUVENILE COURT TO FILE A MOTION WITH THE JUVENILE 7,227
COURT TO INVOKE THE ADULT PORTION OF THE DISPOSITIONAL SENTENCE. 7,228
THE PROSECUTING ATTORNEY MAY FILE A MOTION TO INVOKE THE ADULT 7,229
PORTION OF THE DISPOSITIONAL SENTENCE EVEN IF NO REQUEST IS MADE. 7,230
THE MOTION SHALL STATE THAT THERE IS REASONABLE CAUSE TO BELIEVE 7,231
THAT EITHER OF THE FOLLOWING OCCURRED: 7,232
(1) THE PERSON COMMITTED AN ACT THAT IS A VIOLATION OF THE 7,234
CONDITIONS OF SUPERVISION AND THAT COULD BE CHARGED AS ANY FELONY 7,235
OR AS A FIRST DEGREE MISDEMEANOR OFFENSE OF VIOLENCE IF COMMITTED 7,236
BY AN ADULT. 7,237
(2) THE PERSON HAS ENGAGED IN CONDUCT THAT CREATES A 7,239
SUBSTANTIAL RISK TO THE SAFETY OR SECURITY OF THE COMMUNITY OR OF 7,240
THE VICTIM. 7,241
(C) IF THE PROSECUTING ATTORNEY DECLINES A REQUEST TO FILE 7,243
A MOTION THAT WAS MADE BY THE DEPARTMENT OF YOUTH SERVICES OR THE 7,244
SUPERVISING PROBATION DEPARTMENT UNDER DIVISION (A) OR (B) OF 7,246
THIS SECTION OR FAILS TO ACT ON A REQUEST MADE UNDER EITHER
DIVISION BY THE DEPARTMENT WITHIN A REASONABLE TIME, THE 7,247
163
DEPARTMENT OF YOUTH SERVICES OR THE SUPERVISING PROBATION 7,248
DEPARTMENT MAY FILE A MOTION OF THE TYPE DESCRIBED IN DIVISION 7,249
(A) OR (B) OF THIS SECTION WITH THE JUVENILE COURT TO INVOKE THE 7,250
ADULT PORTION OF THE SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL 7,251
SENTENCE. IF THE PROSECUTING ATTORNEY DECLINES A REQUEST TO FILE 7,252
A MOTION THAT WAS MADE BY THE JUVENILE COURT UNDER DIVISION (B) 7,253
OF THIS SECTION OR FAILS TO ACT ON A REQUEST FROM THE COURT UNDER 7,254
THAT DIVISION WITHIN A REASONABLE TIME, THE JUVENILE COURT MAY 7,255
HOLD THE HEARING DESCRIBED IN DIVISION (D) OF THIS SECTION ON ITS 7,256
OWN MOTION. 7,257
(D) UPON THE FILING OF A MOTION DESCRIBED IN DIVISION (A), 7,260
(B), OR (C) OF THIS SECTION, THE JUVENILE COURT MAY HOLD A 7,261
HEARING TO DETERMINE WHETHER TO INVOKE THE ADULT PORTION OF A 7,262
PERSON'S SERIOUS JUVENILE OFFENDER DISPOSITIONAL SENTENCE. THE 7,263
JUVENILE COURT SHALL NOT INVOKE THE ADULT PORTION OF THE 7,264
DISPOSITIONAL SENTENCE WITHOUT A HEARING. AT THE HEARING THE 7,265
PERSON WHO IS THE SUBJECT OF THE SERIOUS YOUTHFUL OFFENDER 7,266
DISPOSITION HAS THE RIGHT TO BE PRESENT, TO RECEIVE NOTICE OF THE 7,267
GROUNDS UPON WHICH THE ADULT SENTENCE PORTION IS SOUGHT TO BE 7,268
INVOKED, TO BE REPRESENTED BY COUNSEL INCLUDING COUNSEL APPOINTED 7,269
UNDER JUVENILE RULE 4(A), TO BE ADVISED ON THE PROCEDURES AND 7,271
PROTECTIONS SET FORTH IN THE JUVENILE RULES, AND TO PRESENT 7,272
EVIDENCE ON THE PERSON'S OWN BEHALF, INCLUDING EVIDENCE THAT THE 7,273
PERSON HAS A MENTAL ILLNESS OR IS A MENTALLY RETARDED PERSON. 7,275
THE PERSON MAY NOT WAIVE THE RIGHT TO COUNSEL. THE HEARING SHALL 7,276
BE OPEN TO THE PUBLIC. IF THE PERSON PRESENTS EVIDENCE THAT THE 7,277
PERSON HAS A MENTAL ILLNESS OR IS A MENTALLY RETARDED PERSON, THE 7,278
JUVENILE COURT SHALL CONSIDER THAT EVIDENCE IN DETERMINING
WHETHER TO INVOKE THE ADULT PORTION OF THE SERIOUS YOUTHFUL 7,279
OFFENDER DISPOSITIONAL SENTENCE. 7,280
(E) THE JUVENILE COURT MAY INVOKE THE ADULT PORTION OF A 7,282
PERSON'S SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE IF THE 7,283
JUVENILE COURT FINDS ALL OF THE FOLLOWING ON THE RECORD BY CLEAR 7,284
AND CONVINCING EVIDENCE: 7,285
164
(1) THE PERSON IS SERVING THE JUVENILE PORTION OF A 7,287
SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE. 7,288
(2) THE PERSON IS AT LEAST FOURTEEN YEARS OF AGE AND HAS 7,290
BEEN ADMITTED TO A DEPARTMENT OF YOUTH SERVICES FACILITY, OR 7,291
CRIMINAL CHARGES ARE PENDING AGAINST THE PERSON. 7,292
(3) THE PERSON ENGAGED IN THE CONDUCT OR ACTS CHARGED 7,294
UNDER DIVISION (A), (B), OR (C) OF THIS SECTION, AND THE PERSON'S 7,296
CONDUCT DEMONSTRATES THAT THE PERSON IS UNLIKELY TO BE 7,298
REHABILITATED DURING THE REMAINING PERIOD OF JUVENILE 7,299
JURISDICTION.
(F) IF A JUVENILE COURT ISSUES AN ORDER INVOKING THE ADULT 7,301
PORTION OF A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE 7,302
UNDER DIVISION (E) OF THIS SECTION, THE JUVENILE PORTION OF THE 7,303
DISPOSITIONAL SENTENCE SHALL TERMINATE, AND THE DEPARTMENT OF 7,304
YOUTH SERVICES SHALL TRANSFER THE PERSON TO THE DEPARTMENT OF 7,306
REHABILITATION AND CORRECTION OR PLACE THE PERSON UNDER ANOTHER 7,307
SANCTION IMPOSED AS PART OF THE SENTENCE. THE JUVENILE COURT 7,308
SHALL STATE IN ITS ORDER THE TOTAL NUMBER OF DAYS THAT THE PERSON 7,309
HAS BEEN HELD IN DETENTION OR IN A FACILITY OPERATED BY, OR UNDER 7,310
CONTRACT WITH, THE DEPARTMENT OF YOUTH SERVICES UNDER THE
JUVENILE PORTION OF THE DISPOSITIONAL SENTENCE. THE TIME THE 7,311
PERSON MUST SERVE ON A PRISON TERM IMPOSED UNDER THE ADULT 7,312
PORTION OF THE DISPOSITIONAL SENTENCE SHALL BE REDUCED BY THE 7,313
TOTAL NUMBER OF DAYS SPECIFIED IN THE ORDER PLUS ANY ADDITIONAL 7,314
DAYS THE PERSON IS HELD IN A JUVENILE FACILITY OR IN DETENTION 7,315
AFTER THE ORDER IS ISSUED AND BEFORE THE PERSON IS TRANSFERRED TO 7,316
THE CUSTODY OF THE DEPARTMENT OF REHABILITATION AND CORRECTION. 7,317
IN NO CASE SHALL THE TOTAL PRISON TERM AS CALCULATED UNDER THIS 7,318
DIVISION EXCEED THE MAXIMUM PRISON TERM AVAILABLE FOR AN ADULT 7,319
WHO IS CONVICTED OF VIOLATING THE SAME SECTIONS OF THE REVISED 7,320
CODE.
ANY COMMUNITY CONTROL IMPOSED AS PART OF THE ADULT SENTENCE 7,322
OR AS A CONDITION OF A JUDICIAL RELEASE FROM PRISON SHALL BE 7,323
UNDER THE SUPERVISION OF THE ENTITY THAT PROVIDES ADULT PROBATION 7,324
165
SERVICES IN THE COUNTY. ANY POST-RELEASE CONTROL IMPOSED AFTER 7,325
THE OFFENDER OTHERWISE IS RELEASED FROM PRISON SHALL BE 7,326
SUPERVISED BY THE ADULT PAROLE AUTHORITY. 7,327
Sec. 2152.16. (A)(1) IF A CHILD IS ADJUDICATED A 7,329
DELINQUENT CHILD FOR COMMITTING AN ACT THAT WOULD BE A FELONY IF 7,330
COMMITTED BY AN ADULT, THE JUVENILE COURT MAY COMMIT THE CHILD TO 7,332
THE LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES FOR SECURE 7,333
CONFINEMENT AS FOLLOWS:
(a) FOR AN ACT THAT WOULD BE AGGRAVATED MURDER OR MURDER 7,335
IF COMMITTED BY AN ADULT, UNTIL THE OFFENDER ATTAINS TWENTY-ONE 7,337
YEARS OF AGE; 7,338
(b) FOR A VIOLATION OF SECTION 2923.02 OF THE REVISED CODE 7,342
THAT INVOLVES AN ATTEMPT TO COMMIT AN ACT THAT WOULD BE 7,343
AGGRAVATED MURDER OR MURDER IF COMMITTED BY AN ADULT, A MINIMUM 7,344
PERIOD OF SIX TO SEVEN YEARS AS PRESCRIBED BY THE COURT AND A 7,346
MAXIMUM PERIOD NOT TO EXCEED THE CHILD'S ATTAINMENT OF TWENTY-ONE 7,347
YEARS OF AGE;
(c) FOR A VIOLATION OF SECTION 2903.03, 2905.01, 2909.02, 7,350
OR 2911.01 OR DIVISION (A) OF SECTION 2903.04 OF THE REVISED CODE 7,351
OR FOR A VIOLATION OF ANY PROVISION OF SECTION 2907.02 OF THE 7,353
REVISED CODE OTHER THAN DIVISION (A)(1)(b) OF THAT SECTION WHEN 7,355
THE SEXUAL CONDUCT OR INSERTION INVOLVED WAS CONSENSUAL AND WHEN 7,357
THE VICTIM OF THE VIOLATION OF DIVISION (A)(1)(b) OF THAT SECTION 7,359
WAS OLDER THAN THE DELINQUENT CHILD, WAS THE SAME AGE AS THE 7,361
DELINQUENT CHILD, OR WAS LESS THAN THREE YEARS YOUNGER THAN THE 7,362
DELINQUENT CHILD, FOR AN INDEFINITE TERM CONSISTING OF A MINIMUM 7,363
PERIOD OF ONE TO THREE YEARS, AS PRESCRIBED BY THE COURT, AND A 7,365
MAXIMUM PERIOD NOT TO EXCEED THE CHILD'S ATTAINMENT OF TWENTY-ONE 7,366
YEARS OF AGE;
(d) IF THE CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 7,368
COMMITTING AN ACT THAT IS NOT DESCRIBED IN DIVISION (A)(1)(b) OR 7,370
(c) OF THIS SECTION AND THAT WOULD BE A FELONY OF THE FIRST OR 7,371
SECOND DEGREE IF COMMITTED BY AN ADULT, FOR AN INDEFINITE TERM 7,372
CONSISTING OF A MINIMUM PERIOD OF ONE YEAR AND A MAXIMUM PERIOD 7,373
166
NOT TO EXCEED THE CHILD'S ATTAINMENT OF TWENTY-ONE YEARS OF AGE. 7,375
(e) FOR COMMITTING AN ACT THAT WOULD BE A FELONY OF THE 7,377
THIRD, FOURTH, OR FIFTH DEGREE IF COMMITTED BY AN ADULT OR FOR A 7,378
VIOLATION OF DIVISION (A) OF SECTION 2923.211 OF THE REVISED 7,380
CODE, FOR AN INDEFINITE TERM CONSISTING OF A MINIMUM PERIOD OF 7,381
SIX MONTHS AND A MAXIMUM PERIOD NOT TO EXCEED THE CHILD'S 7,382
ATTAINMENT OF TWENTY-ONE YEARS OF AGE. 7,383
(2) IN EACH CASE IN WHICH A COURT MAKES A DISPOSITION 7,385
UNDER THIS SECTION, THE COURT RETAINS CONTROL OVER THE COMMITMENT 7,386
FOR THE MINIMUM PERIOD SPECIFIED BY THE COURT IN DIVISIONS 7,388
(A)(1)(a) TO (e) OF THIS SECTION. DURING THE PERIOD OF COURT 7,389
CONTROL, THE DEPARTMENT OF YOUTH SERVICES SHALL NOT MOVE THE 7,390
CHILD TO A NONSECURE SETTING WITHOUT THE PERMISSION OF THE COURT
THAT IMPOSED THE DISPOSITION. 7,391
(B) IF A DELINQUENT CHILD IS COMMITTED TO THE DEPARTMENT 7,393
OF YOUTH SERVICES UNDER THIS SECTION, THE DEPARTMENT MAY RELEASE 7,394
THE CHILD AT ANY TIME AFTER THE PERIOD OF COURT CONTROL IMPOSED 7,395
UNDER DIVISION (A)(1) OF THIS SECTION ENDS. 7,396
(C) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD, AT THE 7,398
DISPOSITIONAL HEARING AND PRIOR TO MAKING ANY DISPOSITION 7,399
PURSUANT TO THIS SECTION, THE COURT SHALL DETERMINE WHETHER THE 7,400
DELINQUENT CHILD PREVIOUSLY HAS BEEN ADJUDICATED A DELINQUENT 7,401
CHILD FOR A VIOLATION OF A LAW OR ORDINANCE. IF THE DELINQUENT 7,402
CHILD PREVIOUSLY HAS BEEN ADJUDICATED A DELINQUENT CHILD FOR A 7,403
VIOLATION OF A LAW OR ORDINANCE, THE COURT, FOR PURPOSES OF 7,404
ENTERING AN ORDER OF DISPOSITION OF THE DELINQUENT CHILD UNDER 7,405
THIS SECTION, SHALL CONSIDER THE PREVIOUS DELINQUENT CHILD 7,406
ADJUDICATION AS A CONVICTION OF A VIOLATION OF THE LAW OR 7,407
ORDINANCE IN DETERMINING THE DEGREE OF THE OFFENSE THE CURRENT 7,408
ACT WOULD BE HAD IT BEEN COMMITTED BY AN ADULT. THIS DIVISION 7,409
ALSO SHALL APPLY IN RELATION TO THE IMPOSITION OF ANY FINANCIAL 7,410
SANCTION UNDER SECTION 2152.19 OF THE REVISED CODE. 7,411
Sec. 2152.17. (A) SUBJECT TO DIVISION (D) OF THIS 7,413
SECTION, IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 7,415
167
COMMITTING AN ACT, OTHER THAN A VIOLATION OF SECTION 2923.12 OF 7,416
THE REVISED CODE, THAT WOULD BE A FELONY IF COMMITTED BY AN ADULT 7,417
AND IF THE COURT DETERMINES THAT, IF THE CHILD WAS AN ADULT, THE 7,418
CHILD WOULD BE GUILTY OF A SPECIFICATION OF THE TYPE SET FORTH IN 7,419
SECTION 2941.141, 2941.144, 2941.145, OR 2941.146 OF THE REVISED 7,420
CODE, IN ADDITION TO ANY COMMITMENT OR OTHER DISPOSITION THE 7,421
COURT IMPOSES FOR THE UNDERLYING DELINQUENT ACT, ALL OF THE 7,422
FOLLOWING APPLY:
(1) IF THE COURT DETERMINES THAT THE CHILD WOULD BE GUILTY 7,424
OF A SPECIFICATION OF THE TYPE SET FORTH IN SECTION 2941.141 OF 7,426
THE REVISED CODE, THE COURT MAY COMMIT THE CHILD TO THE 7,427
DEPARTMENT OF YOUTH SERVICES FOR THE SPECIFICATION FOR A DEFINITE 7,428
PERIOD OF UP TO ONE YEAR. 7,430
(2) IF THE COURT DETERMINES THAT THE CHILD WOULD BE GUILTY 7,432
OF A SPECIFICATION OF THE TYPE SET FORTH IN SECTION 2941.145 OF 7,434
THE REVISED CODE, THE COURT SHALL COMMIT THE CHILD TO THE 7,436
DEPARTMENT OF YOUTH SERVICES FOR THE SPECIFICATION FOR A DEFINITE 7,437
PERIOD OF NOT LESS THAN ONE AND NOT MORE THAN THREE YEARS, AND 7,438
THE COURT ALSO SHALL COMMIT THE CHILD TO THE DEPARTMENT FOR THE
UNDERLYING DELINQUENT ACT UNDER SECTIONS 2152.11 TO 2152.16 OF 7,439
THE REVISED CODE.
(3) IF THE COURT DETERMINES THAT THE CHILD WOULD BE GUILTY 7,441
OF A SPECIFICATION OF THE TYPE SET FORTH IN SECTION 2941.144 OR 7,442
2941.146 OF THE REVISED CODE, THE COURT SHALL COMMIT THE CHILD TO 7,443
THE DEPARTMENT OF YOUTH SERVICES FOR THE SPECIFICATION FOR A 7,444
DEFINITE PERIOD OF NOT LESS THAN ONE AND NOT MORE THAN FIVE 7,445
YEARS, AND THE COURT ALSO SHALL COMMIT THE CHILD TO THE 7,447
DEPARTMENT FOR THE UNDERLYING DELINQUENT ACT UNDER SECTIONS 7,448
2152.11 TO 2152.16 OF THE REVISED CODE.
(B) DIVISION (A) OF THIS SECTION ALSO APPLIES TO A CHILD 7,450
WHO IS AN ACCOMPLICE TO THE SAME EXTENT THE FIREARM 7,453
SPECIFICATIONS WOULD APPLY TO AN ADULT ACCOMPLICE IN A CRIMINAL 7,454
PROCEEDING.
(C) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 7,456
168
COMMITTING AN ACT THAT WOULD BE AGGRAVATED MURDER, MURDER, OR A 7,457
FIRST, SECOND, OR THIRD DEGREE FELONY OFFENSE OF VIOLENCE IF 7,459
COMMITTED BY AN ADULT AND IF THE COURT DETERMINES THAT, IF THE 7,460
CHILD WAS AN ADULT, THE CHILD WOULD BE GUILTY OF A SPECIFICATION 7,461
OF THE TYPE SET FORTH IN SECTION 2941.142 OF THE REVISED CODE IN 7,462
RELATION TO THE ACT FOR WHICH THE CHILD WAS ADJUDICATED A 7,463
DELINQUENT CHILD, THE COURT SHALL COMMIT THE CHILD FOR THE 7,464
SPECIFICATION TO THE LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH 7,465
SERVICES FOR INSTITUTIONALIZATION IN A SECURE FACILITY FOR A 7,466
DEFINITE PERIOD OF NOT LESS THAN ONE AND NOT MORE THAN THREE
YEARS, SUBJECT TO DIVISION (D) OF THIS SECTION, AND THE COURT 7,469
ALSO SHALL COMMIT THE CHILD TO THE DEPARTMENT FOR THE UNDERLYING
DELINQUENT ACT. 7,470
(D) THE COURT SHALL NOT COMMIT A CHILD TO THE LEGAL 7,472
CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES FOR A SPECIFICATION 7,473
PURSUANT TO THIS SECTION FOR A PERIOD THAT EXCEEDS FIVE YEARS FOR 7,474
ANY ONE DELINQUENT ACT. ANY COMMITMENT IMPOSED PURSUANT TO 7,475
DIVISION (A), (B), OR (C) OF THIS SECTION SHALL BE IN ADDITION 7,477
TO, AND SHALL BE SERVED CONSECUTIVELY WITH AND PRIOR TO, A PERIOD 7,478
OF COMMITMENT ORDERED UNDER THIS CHAPTER FOR THE UNDERLYING
DELINQUENT ACT , AND EACH COMMITMENT IMPOSED PURSUANT TO DIVISION 7,480
(A), (B), OR (C) OF THIS SECTION SHALL BE IN ADDITION TO, AND 7,482
SHALL BE SERVED CONSECUTIVELY WITH, ANY OTHER PERIOD OF
COMMITMENT IMPOSED UNDER THOSE DIVISIONS. IF A COMMITMENT IS 7,484
IMPOSED UNDER DIVISION (A) OR (B) OF THIS SECTION AND A 7,485
COMMITMENT ALSO IS IMPOSED UNDER DIVISION (C) OF THIS SECTION, 7,487
THE PERIOD IMPOSED UNDER DIVISION (A) OR (B) OF THIS SECTION 7,488
SHALL BE SERVED PRIOR TO THE PERIOD IMPOSED UNDER DIVISION (C) OF 7,489
THIS SECTION. 7,490
THE TOTAL OF ALL THE PERIODS OF COMMITMENT IMPOSED FOR ANY 7,492
SPECIFICATION UNDER THIS SECTION AND FOR THE UNDERLYING OFFENSE 7,493
SHALL NOT EXCEED THE CHILD'S ATTAINMENT OF TWENTY-ONE YEARS OF 7,495
AGE.
(E) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 7,497
169
COMMITTING TWO OR MORE ACTS THAT WOULD BE FELONIES IF COMMITTED 7,498
BY AN ADULT AND IF THE COURT ENTERING THE DELINQUENT CHILD 7,499
ADJUDICATION ORDERS THE COMMITMENT OF THE CHILD FOR TWO OR MORE 7,500
OF THOSE ACTS TO THE LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH 7,501
SERVICES FOR INSTITUTIONALIZATION IN A SECURE FACILITY PURSUANT 7,502
TO SECTION 2152.13 OR 2152.16 OF THE REVISED CODE, THE COURT MAY 7,503
ORDER THAT ALL OF THE PERIODS OF COMMITMENT IMPOSED UNDER THOSE 7,504
SECTIONS FOR THOSE ACTS BE SERVED CONSECUTIVELY IN THE LEGAL 7,505
CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES, PROVIDED THAT THOSE 7,506
PERIODS OF COMMITMENT SHALL BE IN ADDITION TO AND COMMENCE 7,508
IMMEDIATELY FOLLOWING THE EXPIRATION OF A PERIOD OF COMMITMENT 7,509
THAT THE COURT IMPOSES PURSUANT TO DIVISION (A), (B), OR (C) OF 7,511
THIS SECTION. A COURT SHALL NOT COMMIT A DELINQUENT CHILD TO THE 7,512
LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES UNDER THIS 7,513
DIVISION FOR A PERIOD THAT EXCEEDS THE CHILD'S ATTAINMENT OF 7,514
TWENTY-ONE YEARS OF AGE. 7,515
(F) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 7,517
COMMITTING AN ACT THAT IF COMMITTED BY AN ADULT WOULD BE 7,518
AGGRAVATED MURDER, MURDER, RAPE, FELONIOUS SEXUAL PENETRATION IN 7,519
VIOLATION OF FORMER SECTION 2907.12 OF THE REVISED CODE, 7,520
INVOLUNTARY MANSLAUGHTER, A FELONY OF THE FIRST OR SECOND DEGREE 7,521
RESULTING IN THE DEATH OF OR PHYSICAL HARM TO A PERSON, 7,522
COMPLICITY IN OR AN ATTEMPT TO COMMIT ANY OF THOSE OFFENSES, OR 7,523
AN OFFENSE UNDER AN EXISTING OR FORMER LAW OF THIS STATE THAT IS 7,524
OR WAS SUBSTANTIALLY EQUIVALENT TO ANY OF THOSE OFFENSES AND IF 7,525
THE COURT IN ITS ORDER OF DISPOSITION FOR THAT ACT COMMITS THE 7,526
CHILD TO THE CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES, THE 7,527
ADJUDICATION SHALL BE CONSIDERED A CONVICTION FOR PURPOSES OF A 7,528
FUTURE DETERMINATION PURSUANT TO CHAPTER 2929. OF THE REVISED 7,529
CODE AS TO WHETHER THE CHILD, AS AN ADULT, IS A REPEAT VIOLENT 7,530
OFFENDER.
Sec. 2152.18. (A) WHEN A JUVENILE COURT COMMITS A 7,532
DELINQUENT CHILD TO THE CUSTODY OF THE DEPARTMENT OF YOUTH 7,533
SERVICES PURSUANT TO THIS CHAPTER, THE COURT SHALL NOT DESIGNATE 7,534
170
THE SPECIFIC INSTITUTION IN WHICH THE DEPARTMENT IS TO PLACE THE 7,535
CHILD BUT INSTEAD SHALL SPECIFY THAT THE CHILD IS TO BE 7,536
INSTITUTIONALIZED IN A SECURE FACILITY. 7,537
(B) WHEN A JUVENILE COURT COMMITS A DELINQUENT CHILD TO 7,539
THE CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES PURSUANT TO THIS 7,540
CHAPTER, THE COURT SHALL STATE IN THE ORDER OF COMMITMENT THE 7,541
TOTAL NUMBER OF DAYS THAT THE CHILD HAS BEEN HELD IN DETENTION IN 7,542
CONNECTION WITH THE DELINQUENT CHILD COMPLAINT UPON WHICH THE 7,543
ORDER OF COMMITMENT IS BASED. THE DEPARTMENT SHALL REDUCE THE 7,544
MINIMUM PERIOD OF INSTITUTIONALIZATION THAT WAS ORDERED BY BOTH 7,545
THE TOTAL NUMBER OF DAYS THAT THE CHILD HAS BEEN SO HELD IN 7,546
DETENTION AS STATED BY THE COURT IN THE ORDER OF COMMITMENT AND 7,547
THE TOTAL NUMBER OF ANY ADDITIONAL DAYS THAT THE CHILD HAS BEEN 7,548
HELD IN DETENTION SUBSEQUENT TO THE ORDER OF COMMITMENT BUT PRIOR 7,549
TO THE TRANSFER OF PHYSICAL CUSTODY OF THE CHILD TO THE 7,550
DEPARTMENT.
(C)(1) WHEN A JUVENILE COURT COMMITS A DELINQUENT CHILD TO 7,552
THE CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES PURSUANT TO THIS 7,553
CHAPTER, THE COURT SHALL PROVIDE THE DEPARTMENT WITH THE CHILD'S 7,555
MEDICAL RECORDS, A COPY OF THE REPORT OF ANY MENTAL EXAMINATION 7,556
OF THE CHILD ORDERED BY THE COURT, THE REVISED CODE SECTION OR 7,557
SECTIONS THE CHILD VIOLATED AND THE DEGREE OF EACH VIOLATION, THE 7,558
WARRANT TO CONVEY THE CHILD TO THE DEPARTMENT, A COPY OF THE 7,559
COURT'S JOURNAL ENTRY ORDERING THE COMMITMENT OF THE CHILD TO THE 7,560
LEGAL CUSTODY OF THE DEPARTMENT, A COPY OF THE ARREST RECORD 7,561
PERTAINING TO THE ACT FOR WHICH THE CHILD WAS ADJUDICATED A 7,562
DELINQUENT CHILD, A COPY OF ANY VICTIM IMPACT STATEMENT 7,563
PERTAINING TO THE ACT, AND ANY OTHER INFORMATION CONCERNING THE 7,564
CHILD THAT THE DEPARTMENT REASONABLY REQUESTS. THE COURT ALSO 7,565
SHALL COMPLETE THE FORM FOR THE STANDARD PREDISPOSITION
INVESTIGATION REPORT THAT THE DEPARTMENT FURNISHES PURSUANT TO 7,566
SECTION 5139.04 OF THE REVISED CODE AND PROVIDE THE DEPARTMENT 7,568
WITH THE COMPLETED FORM.
THE DEPARTMENT MAY REFUSE TO ACCEPT PHYSICAL CUSTODY OF A 7,570
171
DELINQUENT CHILD WHO IS COMMITTED TO THE LEGAL CUSTODY OF THE 7,571
DEPARTMENT UNTIL THE COURT PROVIDES TO THE DEPARTMENT THE 7,572
DOCUMENTS SPECIFIED IN THIS DIVISION. NO OFFICER OR EMPLOYEE OF 7,573
THE DEPARTMENT WHO REFUSES TO ACCEPT PHYSICAL CUSTODY OF A 7,574
DELINQUENT CHILD WHO IS COMMITTED TO THE LEGAL CUSTODY OF THE 7,575
DEPARTMENT SHALL BE SUBJECT TO PROSECUTION OR CONTEMPT OF COURT 7,576
FOR THE REFUSAL IF THE COURT FAILS TO PROVIDE THE DOCUMENTS 7,577
SPECIFIED IN THIS DIVISION AT THE TIME THE COURT TRANSFERS THE 7,578
PHYSICAL CUSTODY OF THE CHILD TO THE DEPARTMENT. 7,579
(2) WITHIN TWENTY WORKING DAYS AFTER THE DEPARTMENT OF 7,581
YOUTH SERVICES RECEIVES PHYSICAL CUSTODY OF A DELINQUENT CHILD 7,582
FROM A JUVENILE COURT, THE COURT SHALL PROVIDE THE DEPARTMENT 7,583
WITH A CERTIFIED COPY OF THE CHILD'S BIRTH CERTIFICATE AND THE 7,584
CHILD'S SOCIAL SECURITY NUMBER OR, IF THE COURT MADE ALL 7,585
REASONABLE EFFORTS TO OBTAIN THE INFORMATION BUT WAS 7,586
UNSUCCESSFUL, WITH DOCUMENTATION OF THE EFFORTS IT MADE TO OBTAIN 7,587
THE INFORMATION.
(D)(1) WITHIN TEN DAYS AFTER AN ADJUDICATION THAT A CHILD 7,590
IS A DELINQUENT CHILD, THE COURT SHALL GIVE WRITTEN NOTICE OF THE 7,591
ADJUDICATION TO THE SUPERINTENDENT OF A CITY, LOCAL, EXEMPTED 7,592
VILLAGE, OR JOINT VOCATIONAL SCHOOL DISTRICT, AND TO THE
PRINCIPAL OF THE SCHOOL THE CHILD ATTENDS, IF THE BASIS OF THE 7,594
ADJUDICATION WAS THE COMMISSION OF AN ACT THAT WOULD BE A
CRIMINAL OFFENSE IF COMMITTED BY AN ADULT, IF THE ACT WAS 7,595
COMMITTED BY THE DELINQUENT CHILD WHEN THE CHILD WAS SIXTEEN 7,596
YEARS OF AGE OR OLDER, AND IF THE ACT IS ANY OF THE FOLLOWING: 7,597
(a) AN ACT THAT WOULD BE A FELONY OR AN OFFENSE OF 7,599
VIOLENCE IF COMMITTED BY AN ADULT, AN ACT IN THE COMMISSION OF 7,600
WHICH THE CHILD USED OR BRANDISHED A FIREARM, OR AN ACT THAT IS A 7,602
VIOLATION OF SECTION 2907.06, 2907.07, 2907.08, 2907.09, 2907.24, 7,603
OR 2907.241 OF THE REVISED CODE AND THAT WOULD BE A MISDEMEANOR 7,604
IF COMMITTED BY AN ADULT;
(b) A VIOLATION OF SECTION 2923.12 OF THE REVISED CODE OR 7,607
OF A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE THAT WOULD BE A 7,608
172
MISDEMEANOR IF COMMITTED BY AN ADULT AND THAT WAS COMMITTED ON 7,609
PROPERTY OWNED OR CONTROLLED BY, OR AT AN ACTIVITY HELD UNDER THE
AUSPICES OF, THE BOARD OF EDUCATION OF THAT SCHOOL DISTRICT; 7,610
(c) A VIOLATION OF DIVISION (A) OF SECTION 2925.03 OR 7,612
2925.11 OF THE REVISED CODE THAT WOULD BE A MISDEMEANOR IF 7,613
COMMITTED BY AN ADULT, THAT WAS COMMITTED ON PROPERTY OWNED OR 7,615
CONTROLLED BY, OR AT AN ACTIVITY HELD UNDER THE AUSPICES OF, THE 7,616
BOARD OF EDUCATION OF THAT SCHOOL DISTRICT, AND THAT IS NOT A 7,617
MINOR DRUG POSSESSION OFFENSE; 7,618
(d) AN ACT THAT WOULD BE A CRIMINAL OFFENSE IF COMMITTED 7,620
BY AN ADULT AND THAT RESULTS IN SERIOUS PHYSICAL HARM TO PERSONS 7,621
OR SERIOUS PHYSICAL HARM TO PROPERTY WHILE THE CHILD IS AT 7,623
SCHOOL, ON ANY OTHER PROPERTY OWNED OR CONTROLLED BY THE BOARD, 7,624
OR AT AN INTERSCHOLASTIC COMPETITION, AN EXTRACURRICULAR EVENT, 7,625
OR ANY OTHER SCHOOL PROGRAM OR ACTIVITY;
(e) COMPLICITY IN ANY VIOLATION DESCRIBED IN DIVISION 7,628
(D)(1)(a), (b), (c), OR (d) OF THIS SECTION THAT WAS ALLEGED TO 7,631
HAVE BEEN COMMITTED IN THE MANNER DESCRIBED IN DIVISION 7,633
(D)(1)(a), (b), (c), OR (d) OF THIS SECTION, REGARDLESS OF 7,635
WHETHER THE ACT OF COMPLICITY WAS COMMITTED ON PROPERTY OWNED OR 7,636
CONTROLLED BY, OR AT AN ACTIVITY HELD UNDER THE AUSPICES OF, THE 7,637
BOARD OF EDUCATION OF THAT SCHOOL DISTRICT. 7,638
(2) THE NOTICE GIVEN PURSUANT TO DIVISION (K)(1) OF THIS 7,642
SECTION SHALL INCLUDE THE NAME OF THE CHILD WHO WAS ADJUDICATED 7,643
TO BE A DELINQUENT CHILD, THE CHILD'S AGE AT THE TIME THE CHILD 7,644
COMMITTED THE ACT THAT WAS THE BASIS OF THE ADJUDICATION, AND 7,645
IDENTIFICATION OF THE VIOLATION OF THE LAW OR ORDINANCE THAT WAS 7,646
THE BASIS OF THE ADJUDICATION.
(3) WITHIN FOURTEEN DAYS AFTER COMMITTING A DELINQUENT 7,649
CHILD TO THE CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES, THE 7,650
COURT SHALL GIVE NOTICE TO THE SCHOOL ATTENDED BY THE CHILD OF 7,651
THE CHILD'S COMMITMENT BY SENDING TO THAT SCHOOL A COPY OF THE 7,652
COURT'S JOURNAL ENTRY ORDERING THE COMMITMENT. AS SOON AS 7,653
POSSIBLE AFTER RECEIPT OF THE NOTICE DESCRIBED IN THIS DIVISION, 7,654
173
THE SCHOOL SHALL PROVIDE THE DEPARTMENT WITH THE CHILD'S SCHOOL 7,655
TRANSCRIPT. HOWEVER, THE DEPARTMENT SHALL NOT REFUSE TO ACCEPT A 7,656
CHILD COMMITTED TO IT, AND A CHILD COMMITTED TO IT SHALL NOT BE 7,657
HELD IN A COUNTY OR DISTRICT DETENTION FACILITY, BECAUSE OF A 7,658
SCHOOL'S FAILURE TO PROVIDE THE SCHOOL TRANSCRIPT THAT IT IS 7,660
REQUIRED TO PROVIDE UNDER THIS DIVISION.
(4) WITHIN FOURTEEN DAYS AFTER RELEASING A CHILD FROM AN 7,662
INSTITUTION UNDER ITS CONTROL, THE DEPARTMENT OF YOUTH SERVICES 7,663
SHALL PROVIDE THE COURT AND THE SCHOOL WITH AN UPDATED COPY OF 7,664
THE CHILD'S SCHOOL TRANSCRIPT AND A SUMMARY OF THE INSTITUTIONAL 7,665
RECORD OF THE CHILD. THE DEPARTMENT ALSO SHALL PROVIDE THE COURT 7,666
WITH A COPY OF ANY PORTION OF THE CHILD'S INSTITUTIONAL RECORD 7,668
THAT THE COURT SPECIFICALLY REQUESTS, WITHIN FIVE WORKING DAYS OF 7,669
THE REQUEST.
(E) AT ANY HEARING AT WHICH A CHILD IS ADJUDICATED A 7,671
DELINQUENT CHILD OR AS SOON AS POSSIBLE AFTER THE HEARING, THE 7,672
COURT SHALL NOTIFY ALL VICTIMS OF THE DELINQUENT ACT WHO MAY BE 7,673
ENTITLED TO A RECOVERY UNDER ANY OF THE FOLLOWING SECTIONS OF THE 7,674
RIGHT OF THE VICTIMS TO RECOVER, PURSUANT TO SECTION 3109.09 OF 7,675
THE REVISED CODE, COMPENSATORY DAMAGES FROM THE CHILD'S PARENTS; 7,676
OF THE RIGHT OF THE VICTIMS TO RECOVER, PURSUANT TO SECTION 7,678
3109.10 OF THE REVISED CODE, COMPENSATORY DAMAGES FROM THE 7,680
CHILD'S PARENTS FOR WILLFUL AND MALICIOUS ASSAULTS COMMITTED BY 7,681
THE CHILD; AND OF THE RIGHT OF THE VICTIMS TO RECOVER AN AWARD OF 7,682
REPARATIONS PURSUANT TO SECTIONS 2743.51 TO 2743.72 OF THE 7,683
REVISED CODE.
Sec. 2152.19. (A) IF A CHILD IS ADJUDICATED A DELINQUENT 7,685
CHILD, THE COURT MAY MAKE ANY OF THE FOLLOWING ORDERS OF 7,686
DISPOSITION, IN ADDITION TO ANY OTHER DISPOSITION AUTHORIZED OR 7,688
REQUIRED BY THIS CHAPTER: 7,689
(1) ANY ORDER THAT IS AUTHORIZED BY SECTION 2151.353 OF 7,692
THE REVISED CODE FOR THE CARE AND PROTECTION OF AN ABUSED, 7,693
NEGLECTED, OR DEPENDENT CHILD. 7,695
(2) COMMIT THE CHILD TO THE TEMPORARY CUSTODY OF ANY 7,697
174
SCHOOL, CAMP, INSTITUTION, OR OTHER FACILITY OPERATED FOR THE 7,698
CARE OF DELINQUENT CHILDREN BY THE COUNTY, BY A DISTRICT 7,699
ORGANIZED UNDER SECTION 2152.41 OR 2151.65 OF THE REVISED CODE, 7,700
OR BY A PRIVATE AGENCY OR ORGANIZATION, WITHIN OR WITHOUT THE 7,701
STATE, THAT IS AUTHORIZED AND QUALIFIED TO PROVIDE THE CARE, 7,702
TREATMENT, OR PLACEMENT REQUIRED;
(3) PLACE THE CHILD ON COMMUNITY CONTROL UNDER ANY 7,704
SANCTIONS, SERVICES, AND CONDITIONS THAT THE COURT PRESCRIBES. 7,705
AS A CONDITION OF COMMUNITY CONTROL IN EVERY CASE AND IN ADDITION 7,706
TO ANY OTHER CONDITION THAT IT IMPOSES UPON THE CHILD, THE COURT 7,707
SHALL REQUIRE THE CHILD TO ABIDE BY THE LAW DURING THE PERIOD OF 7,708
COMMUNITY CONTROL. AS REFERRED TO IN THIS DIVISION, COMMUNITY 7,709
CONTROL INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING SANCTIONS 7,710
AND CONDITIONS:
(a) A PERIOD OF BASIC PROBATION SUPERVISION IN WHICH THE 7,712
CHILD IS REQUIRED TO MAINTAIN CONTACT WITH A PERSON APPOINTED TO 7,713
SUPERVISE THE CHILD IN ACCORDANCE WITH SANCTIONS IMPOSED BY THE 7,715
COURT;
(b) A PERIOD OF INTENSIVE PROBATION SUPERVISION IN WHICH 7,717
THE CHILD IS REQUIRED TO MAINTAIN FREQUENT CONTACT WITH A PERSON 7,718
APPOINTED BY THE COURT TO SUPERVISE THE CHILD WHILE THE CHILD IS 7,720
SEEKING OR MAINTAINING EMPLOYMENT AND PARTICIPATING IN TRAINING, 7,721
EDUCATION, AND TREATMENT PROGRAMS AS THE ORDER OF DISPOSITION; 7,722
(c) A PERIOD OF DAY REPORTING IN WHICH THE CHILD IS 7,724
REQUIRED EACH DAY TO REPORT TO AND LEAVE A CENTER OR ANOTHER 7,725
APPROVED REPORTING LOCATION AT SPECIFIED TIMES IN ORDER TO 7,727
PARTICIPATE IN WORK, EDUCATION OR TRAINING, TREATMENT, AND OTHER 7,728
APPROVED PROGRAMS AT THE CENTER OR OUTSIDE THE CENTER; 7,729
(d) A PERIOD OF COMMUNITY SERVICE OF UP TO FIVE HUNDRED 7,731
HOURS FOR AN ACT THAT WOULD BE A FELONY OR A MISDEMEANOR OF THE 7,732
FIRST DEGREE IF COMMITTED BY AN ADULT, UP TO TWO HUNDRED HOURS 7,734
FOR AN ACT THAT WOULD BE A MISDEMEANOR OF THE SECOND, THIRD, OR 7,735
FOURTH DEGREE IF COMMITTED BY AN ADULT, OR UP TO THIRTY HOURS FOR 7,736
AN ACT THAT WOULD BE A MINOR MISDEMEANOR IF COMMITTED BY AN 7,737
175
ADULT;
(e) A REQUIREMENT THAT THE CHILD OBTAIN A HIGH SCHOOL 7,739
DIPLOMA, A CERTIFICATE OF HIGH SCHOOL EQUIVALENCE, VOCATIONAL 7,740
TRAINING, OR EMPLOYMENT; 7,741
(f) A PERIOD OF DRUG AND ALCOHOL USE MONITORING; 7,743
(g) A REQUIREMENT OF ALCOHOL OR DRUG ASSESSMENT OR 7,745
COUNSELING, OR A PERIOD IN AN ALCOHOL OR DRUG TREATMENT PROGRAM 7,746
WITH A LEVEL OF SECURITY FOR THE CHILD AS DETERMINED NECESSARY BY 7,748
THE COURT;
(h) A PERIOD IN WHICH THE COURT ORDERS THE CHILD TO 7,750
OBSERVE A CURFEW THAT MAY INVOLVE DAYTIME OR EVENING HOURS; 7,751
(i) A REQUIREMENT THAT THE CHILD SERVE MONITORED TIME; 7,753
(j) A PERIOD OF HOUSE ARREST WITH OR WITHOUT ELECTRONIC 7,755
MONITORING; 7,756
(k) A PERIOD OF ELECTRONIC MONITORING WITHOUT HOUSE ARREST 7,758
OR ELECTRONICALLY MONITORED HOUSE ARREST THAT DOES NOT EXCEED THE 7,759
MAXIMUM SENTENCE OF IMPRISONMENT THAT COULD BE IMPOSED UPON AN 7,761
ADULT WHO COMMITS THE SAME ACT.
A PERIOD OF ELECTRONICALLY MONITORED HOUSE ARREST IMPOSED 7,763
UNDER THIS DIVISION SHALL NOT EXTEND BEYOND THE CHILD'S 7,764
TWENTY-FIRST BIRTHDAY. IF A COURT IMPOSES A PERIOD OF 7,766
ELECTRONICALLY MONITORED HOUSE ARREST UPON A CHILD UNDER THIS 7,767
DIVISION, IT SHALL REQUIRE THE CHILD: TO WEAR, OTHERWISE HAVE 7,768
ATTACHED TO THE CHILD'S PERSON, OR OTHERWISE BE SUBJECT TO 7,769
MONITORING BY A CERTIFIED ELECTRONIC MONITORING DEVICE OR TO 7,770
PARTICIPATE IN THE OPERATION OF AND MONITORING BY A CERTIFIED 7,771
ELECTRONIC MONITORING SYSTEM; TO REMAIN IN THE CHILD'S HOME OR 7,772
OTHER SPECIFIED PREMISES FOR THE ENTIRE PERIOD OF ELECTRONICALLY 7,773
MONITORED HOUSE ARREST EXCEPT WHEN THE COURT PERMITS THE CHILD TO 7,774
LEAVE THOSE PREMISES TO GO TO SCHOOL OR TO OTHER SPECIFIED 7,775
PREMISES; TO BE MONITORED BY A CENTRAL SYSTEM THAT CAN DETERMINE 7,776
THE CHILD'S LOCATION AT DESIGNATED TIMES; TO REPORT PERIODICALLY 7,777
TO A PERSON DESIGNATED BY THE COURT; AND TO ENTER INTO A WRITTEN 7,778
CONTRACT WITH THE COURT AGREEING TO COMPLY WITH ALL REQUIREMENTS 7,779
176
IMPOSED BY THE COURT, AGREEING TO PAY ANY FEE IMPOSED BY THE 7,780
COURT FOR THE COSTS OF THE ELECTRONICALLY MONITORED HOUSE ARREST, 7,781
AND AGREEING TO WAIVE THE RIGHT TO RECEIVE CREDIT FOR ANY TIME 7,782
SERVED ON ELECTRONICALLY MONITORED HOUSE ARREST TOWARD THE PERIOD 7,783
OF ANY OTHER DISPOSITIONAL ORDER IMPOSED UPON THE CHILD IF THE 7,784
CHILD VIOLATES ANY OF THE REQUIREMENTS OF THE DISPOSITIONAL ORDER 7,785
OF ELECTRONICALLY MONITORED HOUSE ARREST. THE COURT ALSO MAY 7,786
IMPOSE OTHER REASONABLE REQUIREMENTS UPON THE CHILD.
UNLESS ORDERED BY THE COURT, A CHILD SHALL NOT RECEIVE 7,788
CREDIT FOR ANY TIME SERVED ON ELECTRONICALLY MONITORED HOUSE 7,790
ARREST TOWARD ANY OTHER DISPOSITIONAL ORDER IMPOSED UPON THE 7,791
CHILD FOR THE ACT FOR WHICH WAS IMPOSED THE DISPOSITIONAL ORDER 7,792
OF ELECTRONICALLY MONITORED HOUSE ARREST.
(l) A SUSPENSION OF THE DRIVER'S LICENSE, PROBATIONARY 7,794
DRIVER'S LICENSE, OR TEMPORARY INSTRUCTION PERMIT ISSUED TO THE 7,795
CHILD OR A SUSPENSION OF THE REGISTRATION OF ALL MOTOR VEHICLES 7,797
REGISTERED IN THE NAME OF THE CHILD. A CHILD WHOSE LICENSE OR 7,798
PERMIT IS SO SUSPENDED IS INELIGIBLE FOR ISSUANCE OF A LICENSE OR 7,799
PERMIT DURING THE PERIOD OF SUSPENSION. AT THE END OF THE PERIOD 7,800
OF SUSPENSION, THE CHILD SHALL NOT BE REISSUED A LICENSE OR 7,801
PERMIT UNTIL THE CHILD HAS PAID ANY APPLICABLE REINSTATEMENT FEE 7,802
AND COMPLIED WITH ALL REQUIREMENTS GOVERNING LICENSE 7,803
REINSTATEMENT.
(4) COMMIT THE CHILD TO THE CUSTODY OF THE COURT; 7,806
(5) REQUIRE THE CHILD TO NOT BE ABSENT WITHOUT LEGITIMATE 7,809
EXCUSE FROM THE PUBLIC SCHOOL THE CHILD IS SUPPOSED TO ATTEND FOR 7,810
FIVE OR MORE CONSECUTIVE DAYS, SEVEN OR MORE SCHOOL DAYS IN ONE 7,811
SCHOOL MONTH, OR TWELVE OR MORE SCHOOL DAYS IN A SCHOOL YEAR; 7,812
(6)(a) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 7,814
BEING A CHRONIC TRUANT OR AN HABITUAL TRUANT WHO PREVIOUSLY HAS 7,815
BEEN ADJUDICATED AN UNRULY CHILD FOR BEING A HABITUAL TRUANT, DO 7,817
EITHER OR BOTH OF THE FOLLOWING:
(i) REQUIRE THE CHILD TO PARTICIPATE IN A TRUANCY 7,819
PREVENTION MEDIATION PROGRAM; 7,820
177
(ii) MAKE ANY ORDER OF DISPOSITION AS AUTHORIZED BY THIS 7,822
SECTION, EXCEPT THAT THE COURT SHALL NOT COMMIT THE CHILD TO A 7,823
FACILITY DESCRIBED IN DIVISION (A)(2) OF THIS SECTION UNLESS THE 7,824
COURT DETERMINES THAT THE CHILD VIOLATED A LAWFUL COURT ORDER 7,825
MADE PURSUANT TO DIVISION (C)(1)(e) OF SECTION 2151.354 OF THE 7,827
REVISED CODE OR DIVISION (A)(5) OF THIS SECTION. 7,828
(b) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR BEING 7,830
A CHRONIC TRUANT OR A HABITUAL TRUANT WHO PREVIOUSLY HAS BEEN 7,831
ADJUDICATED AN UNRULY CHILD FOR BEING A HABITUAL TRUANT AND THE 7,833
COURT DETERMINES THAT THE PARENT, GUARDIAN, OR OTHER PERSON 7,834
HAVING CARE OF THE CHILD HAS FAILED TO CAUSE THE CHILD'S 7,835
ATTENDANCE AT SCHOOL IN VIOLATION OF SECTION 3321.38 OF THE 7,836
REVISED CODE, DO EITHER OR BOTH OF THE FOLLOWING: 7,837
(i) REQUIRE THE PARENT, GUARDIAN, OR OTHER PERSON HAVING 7,839
CARE OF THE CHILD TO PARTICIPATE IN A TRUANCY PREVENTION 7,840
MEDIATION PROGRAM;
(ii) REQUIRE THE PARENT, GUARDIAN, OR OTHER PERSON HAVING 7,843
CARE OF THE CHILD TO PARTICIPATE IN ANY COMMUNITY SERVICE 7,844
PROGRAM, PREFERABLY A COMMUNITY SERVICE PROGRAM THAT REQUIRES THE 7,846
INVOLVEMENT OF THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE 7,847
OF THE CHILD IN THE SCHOOL ATTENDED BY THE CHILD.
(7) MAKE ANY FURTHER DISPOSITION THAT THE COURT FINDS 7,849
PROPER, EXCEPT THAT THE CHILD SHALL NOT BE PLACED IN ANY OF THE 7,850
FOLLOWING:
(a) A STATE CORRECTIONAL INSTITUTION, A COUNTY, 7,852
MULTICOUNTY, OR MUNICIPAL JAIL OR WORKHOUSE, OR ANOTHER PLACE IN 7,853
WHICH AN ADULT CONVICTED OF A CRIME, UNDER ARREST, OR CHARGED 7,854
WITH A CRIME IS HELD; 7,855
(b) A COMMUNITY CORRECTIONS FACILITY, IF THE CHILD WOULD 7,857
BE COVERED BY THE DEFINITION OF PUBLIC SAFETY BEDS FOR PURPOSES 7,858
OF SECTIONS 5139.41 TO 5139.45 OF THE REVISED CODE IF THE COURT 7,859
EXERCISED ITS AUTHORITY TO COMMIT THE CHILD TO THE LEGAL CUSTODY 7,860
OF THE DEPARTMENT OF YOUTH SERVICES FOR INSTITUTIONALIZATION OR 7,862
INSTITUTIONALIZATION IN A SECURE FACILITY PURSUANT TO THIS
178
CHAPTER.
(B) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD, IN 7,864
ADDITION TO ANY ORDER OF DISPOSITION MADE UNDER DIVISION (A) OF 7,865
THIS SECTION, THE COURT, IN THE FOLLOWING SITUATIONS, SHALL 7,867
SUSPEND THE CHILD'S TEMPORARY INSTRUCTION PERMIT, RESTRICTED 7,868
LICENSE, PROBATIONARY DRIVER'S LICENSE, OR NONRESIDENT OPERATING 7,869
PRIVILEGE, OR SUSPEND THE CHILD'S ABILITY TO OBTAIN SUCH A 7,870
PERMIT:
(1) THE CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 7,872
VIOLATING SECTION 2923.122 OF THE REVISED CODE, WITH THE 7,873
SUSPENSION AND DENIAL BEING IN ACCORDANCE WITH DIVISION 7,874
(E)(1)(a), (c), (d), OR (e) OF SECTION 2923.122 OF THE REVISED 7,876
CODE.
(2) THE CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 7,878
COMMITTING AN ACT THAT IF COMMITTED BY AN ADULT WOULD BE A DRUG 7,879
ABUSE OFFENSE OR FOR VIOLATING DIVISION (B) OF SECTION 2917.11 OF 7,881
THE REVISED CODE, WITH THE SUSPENSION CONTINUING UNTIL THE CHILD 7,882
ATTENDS AND SATISFACTORILY COMPLETES A DRUG ABUSE OR ALCOHOL 7,883
ABUSE EDUCATION, INTERVENTION, OR TREATMENT PROGRAM SPECIFIED BY 7,884
THE COURT. DURING THE TIME THE CHILD IS ATTENDING THE PROGRAM, 7,885
THE COURT SHALL RETAIN ANY TEMPORARY INSTRUCTION PERMIT, 7,886
PROBATIONARY DRIVER'S LICENSE, OR DRIVER'S LICENSE ISSUED TO THE 7,887
CHILD, AND THE COURT SHALL RETURN THE PERMIT OR LICENSE WHEN THE 7,888
CHILD SATISFACTORILY COMPLETES THE PROGRAM.
(C) THE COURT MAY ESTABLISH A VICTIM-OFFENDER MEDIATION 7,890
PROGRAM IN WHICH VICTIMS AND THEIR OFFENDERS MEET TO DISCUSS THE 7,891
OFFENSE AND SUGGEST POSSIBLE RESTITUTION. IF THE COURT OBTAINS 7,892
THE ASSENT OF THE VICTIM OF THE DELINQUENT ACT COMMITTED BY THE 7,893
CHILD, THE COURT MAY REQUIRE THE CHILD TO PARTICIPATE IN THE 7,894
PROGRAM.
(D)(1) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 7,896
COMMITTING AN ACT THAT WOULD BE A FELONY IF COMMITTED BY AN ADULT 7,897
AND IF THE CHILD CAUSED, ATTEMPTED TO CAUSE, THREATENED TO CAUSE, 7,899
OR CREATED A RISK OF PHYSICAL HARM TO THE VICTIM OF THE ACT, THE 7,900
179
COURT, PRIOR TO ISSUING AN ORDER OF DISPOSITION UNDER THIS 7,901
SECTION, SHALL ORDER THE PREPARATION OF A VICTIM IMPACT STATEMENT 7,902
BY THE PROBATION DEPARTMENT OF THE COUNTY IN WHICH THE VICTIM OF 7,903
THE ACT RESIDES, BY THE COURT'S OWN PROBATION DEPARTMENT, OR BY A
VICTIM ASSISTANCE PROGRAM THAT IS OPERATED BY THE STATE, A 7,904
COUNTY, A MUNICIPAL CORPORATION, OR ANOTHER GOVERNMENTAL ENTITY. 7,905
THE COURT SHALL CONSIDER THE VICTIM IMPACT STATEMENT IN 7,906
DETERMINING THE ORDER OF DISPOSITION TO ISSUE FOR THE CHILD. 7,907
(2) EACH VICTIM IMPACT STATEMENT SHALL IDENTIFY THE VICTIM 7,909
OF THE ACT FOR WHICH THE CHILD WAS ADJUDICATED A DELINQUENT 7,910
CHILD, ITEMIZE ANY ECONOMIC LOSS SUFFERED BY THE VICTIM AS A 7,911
RESULT OF THE ACT, IDENTIFY ANY PHYSICAL INJURY SUFFERED BY THE 7,912
VICTIM AS A RESULT OF THE ACT AND THE SERIOUSNESS AND PERMANENCE 7,913
OF THE INJURY, IDENTIFY ANY CHANGE IN THE VICTIM'S PERSONAL 7,914
WELFARE OR FAMILIAL RELATIONSHIPS AS A RESULT OF THE ACT AND ANY 7,915
PSYCHOLOGICAL IMPACT EXPERIENCED BY THE VICTIM OR THE VICTIM'S 7,916
FAMILY AS A RESULT OF THE ACT, AND CONTAIN ANY OTHER INFORMATION 7,918
RELATED TO THE IMPACT OF THE ACT UPON THE VICTIM THAT THE COURT 7,919
REQUIRES.
(3) A VICTIM IMPACT STATEMENT SHALL BE KEPT CONFIDENTIAL 7,921
AND IS NOT A PUBLIC RECORD. HOWEVER, THE COURT MAY FURNISH 7,922
COPIES OF THE STATEMENT TO THE DEPARTMENT OF YOUTH SERVICES IF 7,923
THE DELINQUENT CHILD IS COMMITTED TO THE DEPARTMENT OR TO BOTH 7,924
THE ADJUDICATED DELINQUENT CHILD OR THE ADJUDICATED DELINQUENT 7,925
CHILD'S COUNSEL AND THE PROSECUTING ATTORNEY. THE COPY OF A 7,926
VICTIM IMPACT STATEMENT FURNISHED BY THE COURT TO THE DEPARTMENT 7,927
PURSUANT TO THIS SECTION SHALL BE KEPT CONFIDENTIAL AND IS NOT A 7,928
PUBLIC RECORD. THE COPIES OF A VICTIM IMPACT STATEMENT THAT ARE 7,929
MADE AVAILABLE TO THE ADJUDICATED DELINQUENT CHILD OR THE
ADJUDICATED DELINQUENT CHILD'S COUNSEL AND THE PROSECUTING 7,930
ATTORNEY PURSUANT TO THIS DIVISION SHALL BE RETURNED TO THE COURT 7,931
BY THE PERSON TO WHOM THEY WERE MADE AVAILABLE IMMEDIATELY 7,932
FOLLOWING THE IMPOSITION OF AN ORDER OF DISPOSITION FOR THE CHILD 7,933
UNDER THIS CHAPTER.
180
(4) THE DEPARTMENT OF YOUTH SERVICES SHALL WORK WITH LOCAL 7,935
PROBATION DEPARTMENTS AND VICTIM ASSISTANCE PROGRAMS TO DEVELOP A 7,936
STANDARD VICTIM IMPACT STATEMENT. 7,937
(E) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR BEING 7,939
A CHRONIC TRUANT OR AN HABITUAL TRUANT WHO PREVIOUSLY HAS BEEN 7,941
ADJUDICATED AN UNRULY CHILD FOR BEING AN HABITUAL TRUANT AND THE 7,942
COURT DETERMINES THAT THE PARENT, GUARDIAN, OR OTHER PERSON 7,943
HAVING CARE OF THE CHILD HAS FAILED TO CAUSE THE CHILD'S 7,944
ATTENDANCE AT SCHOOL IN VIOLATION OF SECTION 3321.38 OF THE 7,945
REVISED CODE, IN ADDITION TO ANY ORDER OF DISPOSITION IT MAKES 7,947
UNDER THIS SECTION, THE COURT SHALL WARN THE PARENT, GUARDIAN, OR 7,948
OTHER PERSON HAVING CARE OF THE CHILD THAT ANY SUBSEQUENT 7,949
ADJUDICATION OF THE CHILD AS AN UNRULY OR DELINQUENT CHILD FOR 7,950
BEING AN HABITUAL OR CHRONIC TRUANT MAY RESULT IN A CRIMINAL 7,951
CHARGE AGAINST THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE 7,952
OF THE CHILD FOR A VIOLATION OF DIVISION (C) OF SECTION 2919.21 7,953
OR SECTION 2919.24 OF THE REVISED CODE.
(F)(1) DURING THE PERIOD OF A DELINQUENT CHILD'S COMMUNITY 7,955
CONTROL GRANTED UNDER THIS SECTION, AUTHORIZED PROBATION OFFICERS 7,956
WHO ARE ENGAGED WITHIN THE SCOPE OF THEIR SUPERVISORY DUTIES OR 7,958
RESPONSIBILITIES MAY SEARCH, WITH OR WITHOUT A WARRANT, THE
PERSON OF THE DELINQUENT CHILD, THE PLACE OF RESIDENCE OF THE 7,959
DELINQUENT CHILD, AND A MOTOR VEHICLE, ANOTHER ITEM OF TANGIBLE 7,960
OR INTANGIBLE PERSONAL PROPERTY, OR OTHER REAL PROPERTY IN WHICH 7,961
THE DELINQUENT CHILD HAS A RIGHT, TITLE, OR INTEREST OR FOR WHICH 7,962
THE DELINQUENT CHILD HAS THE EXPRESS OR IMPLIED PERMISSION OF A 7,963
PERSON WITH A RIGHT, TITLE, OR INTEREST TO USE, OCCUPY, OR 7,964
POSSESS IF THE PROBATION OFFICERS HAVE REASONABLE GROUNDS TO 7,965
BELIEVE THAT THE DELINQUENT CHILD IS NOT ABIDING BY THE LAW OR 7,966
OTHERWISE IS NOT COMPLYING WITH THE CONDITIONS OF THE DELINQUENT 7,967
CHILD'S COMMUNITY CONTROL. THE COURT THAT PLACES A DELINQUENT 7,968
CHILD ON COMMUNITY CONTROL UNDER THIS SECTION SHALL PROVIDE THE 7,969
DELINQUENT CHILD WITH A WRITTEN NOTICE THAT INFORMS THE 7,970
DELINQUENT CHILD THAT AUTHORIZED PROBATION OFFICERS WHO ARE
181
ENGAGED WITHIN THE SCOPE OF THEIR SUPERVISORY DUTIES OR 7,971
RESPONSIBILITIES MAY CONDUCT THOSE TYPES OF SEARCHES DURING THE 7,972
PERIOD OF COMMUNITY CONTROL IF THEY HAVE REASONABLE GROUNDS TO 7,973
BELIEVE THAT THE DELINQUENT CHILD IS NOT ABIDING BY THE LAW OR 7,974
OTHERWISE IS NOT COMPLYING WITH THE CONDITIONS OF THE DELINQUENT 7,975
CHILD'S COMMUNITY CONTROL. THE COURT ALSO SHALL PROVIDE THE 7,976
WRITTEN NOTICE DESCRIBED IN DIVISION (E)(2) OF THIS SECTION TO 7,977
EACH PARENT, GUARDIAN, OR CUSTODIAN OF THE DELINQUENT CHILD WHO 7,978
IS DESCRIBED IN THAT DIVISION. 7,980
(2) THE COURT THAT PLACES A CHILD ON COMMUNITY CONTROL 7,982
UNDER THIS SECTION SHALL PROVIDE THE CHILD'S PARENT, GUARDIAN, OR 7,983
OTHER CUSTODIAN WITH A WRITTEN NOTICE THAT INFORMS THEM THAT 7,984
AUTHORIZED PROBATION OFFICERS MAY CONDUCT SEARCHES PURSUANT TO 7,985
DIVISION (E)(1) OF THIS SECTION. THE NOTICE SHALL SPECIFICALLY 7,986
STATE THAT A PERMISSIBLE SEARCH MIGHT EXTEND TO A MOTOR VEHICLE, 7,987
ANOTHER ITEM OF TANGIBLE OR INTANGIBLE PERSONAL PROPERTY, OR A 7,988
PLACE OF RESIDENCE OR OTHER REAL PROPERTY IN WHICH A NOTIFIED 7,989
PARENT, GUARDIAN, OR CUSTODIAN HAS A RIGHT, TITLE, OR INTEREST 7,990
AND THAT THE PARENT, GUARDIAN, OR CUSTODIAN EXPRESSLY OR 7,991
IMPLIEDLY PERMITS THE CHILD TO USE, OCCUPY, OR POSSESS. 7,992
Sec. 2152.20. (A) IF A CHILD IS ADJUDICATED A DELINQUENT 7,994
CHILD OR A JUVENILE TRAFFIC OFFENDER, THE COURT MAY ORDER ANY OF 7,995
THE FOLLOWING DISPOSITIONS, IN ADDITION TO ANY OTHER DISPOSITION 7,996
AUTHORIZED OR REQUIRED BY THIS CHAPTER: 7,997
(1) IMPOSE A FINE IN ACCORDANCE WITH THE FOLLOWING 7,999
SCHEDULE:
(a) FOR AN ACT THAT WOULD BE A MINOR MISDEMEANOR OR AN 8,001
UNCLASSIFIED MISDEMEANOR IF COMMITTED BY AN ADULT, A FINE NOT TO 8,002
EXCEED FIFTY DOLLARS; 8,003
(b) FOR AN ACT THAT WOULD BE A MISDEMEANOR OF THE FOURTH 8,005
DEGREE IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED ONE HUNDRED 8,006
DOLLARS; 8,007
(c) FOR AN ACT THAT WOULD BE A MISDEMEANOR OF THE THIRD 8,009
DEGREE IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED ONE HUNDRED 8,010
182
FIFTY DOLLARS; 8,011
(d) FOR AN ACT THAT WOULD BE A MISDEMEANOR OF THE SECOND 8,013
DEGREE IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED TWO HUNDRED 8,014
DOLLARS; 8,015
(e) FOR AN ACT THAT WOULD BE A MISDEMEANOR OF THE FIRST 8,017
DEGREE IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED TWO HUNDRED 8,018
FIFTY DOLLARS; 8,019
(f) FOR AN ACT THAT WOULD BE A FELONY OF THE FIFTH DEGREE 8,021
OR AN UNCLASSIFIED FELONY IF COMMITTED BY AN ADULT, A FINE NOT TO 8,022
EXCEED THREE HUNDRED DOLLARS; 8,023
(g) FOR AN ACT THAT WOULD BE A FELONY OF THE FOURTH DEGREE 8,025
IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED FOUR HUNDRED 8,026
DOLLARS;
(h) FOR AN ACT THAT WOULD BE A FELONY OF THE THIRD DEGREE 8,028
IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED SEVEN HUNDRED 8,029
FIFTY DOLLARS;
(i) FOR AN ACT THAT WOULD BE A FELONY OF THE SECOND DEGREE 8,031
IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED ONE THOUSAND 8,032
DOLLARS;
(j) FOR AN ACT THAT WOULD BE A FELONY OF THE FIRST DEGREE 8,034
IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED ONE THOUSAND FIVE 8,035
HUNDRED DOLLARS; 8,036
(k) FOR AN ACT THAT WOULD BE AGGRAVATED MURDER OR MURDER 8,038
IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED TWO THOUSAND 8,039
DOLLARS.
(2) REQUIRE THE CHILD TO PAY COSTS; 8,041
(3) REQUIRE THE CHILD TO MAKE RESTITUTION TO THE VICTIM OF 8,043
THE CHILD'S DELINQUENT ACT OR, IF THE VICTIM IS DECEASED, TO A 8,044
SURVIVOR OF THE VICTIM IN AN AMOUNT BASED UPON THE VICTIM'S 8,045
ECONOMIC LOSS CAUSED BY OR RELATED TO THE DELINQUENT ACT. 8,046
RESTITUTION REQUIRED UNDER THIS DIVISION SHALL BE MADE DIRECTLY 8,047
TO THE VICTIM IN OPEN COURT OR TO THE PROBATION DEPARTMENT THAT 8,048
SERVES THE JURISDICTION OR THE CLERK OF COURTS ON BEHALF OF THE 8,049
VICTIM. THE RESTITUTION MAY INCLUDE REIMBURSEMENT TO THIRD 8,050
183
PARTIES, OTHER THAN THE DELINQUENT CHILD'S INSURER, FOR AMOUNTS 8,051
PAID TO THE VICTIM OR TO ANY SURVIVOR OF THE VICTIM FOR ECONOMIC 8,052
LOSS RESULTING FROM THE DELINQUENT ACT. IF REIMBURSEMENT TO A 8,053
THIRD PARTY IS REQUIRED, THE REIMBURSEMENT SHALL BE MADE TO ANY 8,054
GOVERNMENTAL AGENCY TO REPAY ANY AMOUNTS THE AGENCY PAID TO THE 8,055
VICTIM OR ANY SURVIVOR OF THE VICTIM BEFORE ANY REIMBURSEMENT IS 8,056
MADE TO ANY OTHER PERSON.
RESTITUTION REQUIRED UNDER THIS DIVISION MAY BE IN THE FORM 8,058
OF A CASH REIMBURSEMENT PAID IN A LUMP SUM OR IN INSTALLMENTS, 8,059
THE PERFORMANCE OF REPAIR WORK TO RESTORE ANY DAMAGED PROPERTY TO 8,060
ITS ORIGINAL CONDITION, THE PERFORMANCE OF A REASONABLE AMOUNT OF 8,061
LABOR FOR THE VICTIM OR SURVIVOR OF THE VICTIM, THE PERFORMANCE 8,062
OF COMMUNITY SERVICE WORK, ANY OTHER FORM OF RESTITUTION DEVISED 8,063
BY THE COURT, OR ANY COMBINATION OF THE PREVIOUSLY DESCRIBED 8,064
FORMS OF RESTITUTION. 8,065
THE COURT MAY BASE THE RESTITUTION ORDER UNDER THIS 8,067
DIVISION ON AN AMOUNT RECOMMENDED BY THE VICTIM OR SURVIVOR OF 8,068
THE VICTIM, THE DELINQUENT CHILD, A PRESENTENCE INVESTIGATION 8,069
REPORT, ESTIMATES OR RECEIPTS INDICATING THE COST OF REPAIRING OR 8,070
REPLACING PROPERTY, AND ANY OTHER INFORMATION. IF THE AMOUNT OF 8,071
THE RESTITUTION IS DISPUTED BY THE VICTIM OR SURVIVOR OR BY THE 8,072
DELINQUENT CHILD, THE COURT SHALL HOLD A HEARING ON THE 8,073
RESTITUTION. THE COURT SHALL DETERMINE, OR ORDER THE 8,074
DETERMINATION OF, THE AMOUNT OF RESTITUTION TO BE PAID BY THE 8,075
DELINQUENT CHILD. ALL RESTITUTION PAYMENTS SHALL BE CREDITED 8,076
AGAINST ANY RECOVERY OF ECONOMIC LOSS IN A CIVIL ACTION BROUGHT 8,077
BY OR ON BEHALF OF THE VICTIM AGAINST THE DELINQUENT CHILD OR THE 8,078
DELINQUENT CHILD'S PARENT, GUARDIAN, OR OTHER CUSTODIAN. 8,079
THE COURT MAY ORDER THAT THE DELINQUENT CHILD PAY A 8,081
SURCHARGE, IN AN AMOUNT NOT EXCEEDING FIVE PER CENT OF THE AMOUNT 8,082
OF RESTITUTION OTHERWISE ORDERED UNDER THIS DIVISION, TO THE 8,083
ENTITY RESPONSIBLE FOR COLLECTING AND PROCESSING THE RESTITUTION 8,084
PAYMENTS.
THE VICTIM OR THE SURVIVOR OF THE VICTIM MAY REQUEST THAT 8,086
184
THE PROSECUTING AUTHORITY FILE A MOTION, OR THE DELINQUENT CHILD 8,087
MAY FILE A MOTION, FOR MODIFICATION OF THE PAYMENT TERMS OF ANY 8,088
RESTITUTION ORDERED UNDER THIS DIVISION, BASED ON A SUBSTANTIAL 8,089
CHANGE IN THE DELINQUENT CHILD'S ABILITY TO PAY. 8,090
(4) REQUIRE THE CHILD TO REIMBURSE ANY OR ALL OF THE COSTS 8,092
INCURRED FOR SERVICES OR SANCTIONS PROVIDED OR IMPOSED, 8,093
INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: 8,094
(a) ALL OR PART OF THE COSTS OF IMPLEMENTING ANY COMMUNITY 8,096
CONTROL IMPOSED AS A DISPOSITION UNDER SECTION 2152.19 OF THE 8,097
REVISED CODE, INCLUDING A SUPERVISION FEE; 8,098
(b) ALL OR PART OF THE COSTS OF CONFINEMENT IN A 8,100
RESIDENTIAL FACILITY DESCRIBED IN SECTION 2152.19 OF THE REVISED 8,101
CODE OR IN A DEPARTMENT OF YOUTH SERVICES INSTITUTION, INCLUDING, 8,102
BUT NOT LIMITED TO, A PER DIEM FEE FOR ROOM AND BOARD, THE COSTS 8,103
OF MEDICAL AND DENTAL TREATMENT PROVIDED, AND THE COSTS OF 8,104
REPAIRING PROPERTY THE DELINQUENT CHILD DAMAGED WHILE SO 8,105
CONFINED. THE AMOUNT OF REIMBURSEMENT ORDERED FOR A CHILD UNDER 8,106
THIS DIVISION SHALL NOT EXCEED THE TOTAL AMOUNT OF REIMBURSEMENT 8,108
THE CHILD IS ABLE TO PAY AS DETERMINED AT A HEARING AND SHALL NOT 8,109
EXCEED THE ACTUAL COST OF THE CONFINEMENT. THE COURT MAY COLLECT
ANY REIMBURSEMENT ORDERED UNDER THIS DIVISION. IF THE COURT DOES 8,111
NOT ORDER REIMBURSEMENT UNDER THIS DIVISION, CONFINEMENT COSTS 8,112
MAY BE ASSESSED PURSUANT TO A REPAYMENT POLICY ADOPTED UNDER
DIVISION (E) OF SECTION 307.93, DIVISION (A) OF SECTION 341.06, 8,114
DIVISION (D) OF SECTION 341.23, OR DIVISION (C) OF SECTION 8,115
753.02, 753.04, 2301.56, OR 2947.19 OF THE REVISED CODE. 8,116
(B)(1) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 8,118
VIOLATING SECTION 2923.32 OF THE REVISED CODE, THE COURT SHALL 8,119
ENTER AN ORDER OF CRIMINAL FORFEITURE AGAINST THE CHILD IN 8,120
ACCORDANCE WITH DIVISIONS (B)(3), (4), (5), AND (6) AND (C) TO 8,121
(F) OF SECTION 2923.32 OF THE REVISED CODE. 8,123
(2) SECTIONS 2925.41 TO 2925.45 OF THE REVISED CODE APPLY 8,126
TO CHILDREN WHO ARE ADJUDICATED OR COULD BE ADJUDICATED BY A
JUVENILE COURT TO BE DELINQUENT CHILDREN FOR AN ACT THAT, IF 8,127
185
COMMITTED BY AN ADULT, WOULD BE A FELONY DRUG ABUSE OFFENSE. 8,128
SUBJECT TO DIVISION (B) OF SECTION 2925.42 AND DIVISION (E) OF 8,129
SECTION 2925.43 OF THE REVISED CODE, A DELINQUENT CHILD OF THAT 8,131
NATURE LOSES ANY RIGHT TO THE POSSESSION OF, AND FORFEITS TO THE 8,132
STATE ANY RIGHT, TITLE, AND INTEREST THAT THE DELINQUENT CHILD
MAY HAVE IN, PROPERTY AS DEFINED IN SECTION 2925.41 OF THE 8,133
REVISED CODE AND FURTHER DESCRIBED IN SECTION 2925.42 OR 2925.43 8,134
OF THE REVISED CODE. 8,135
(3) SECTIONS 2923.44 TO 2923.47 OF THE REVISED CODE APPLY 8,138
TO CHILDREN WHO ARE ADJUDICATED OR COULD BE ADJUDICATED BY A
JUVENILE COURT TO BE DELINQUENT CHILDREN FOR AN ACT IN VIOLATION 8,139
OF SECTION 2923.42 OF THE REVISED CODE. SUBJECT TO DIVISION (B) 8,140
OF SECTION 2923.44 AND DIVISION (E) OF SECTION 2923.45 OF THE 8,142
REVISED CODE, A DELINQUENT CHILD OF THAT NATURE LOSES ANY RIGHT
TO THE POSSESSION OF, AND FORFEITS TO THE STATE ANY RIGHT, TITLE, 8,143
AND INTEREST THAT THE DELINQUENT CHILD MAY HAVE IN, PROPERTY AS 8,145
DEFINED IN SECTION 2923.41 OF THE REVISED CODE AND FURTHER 8,146
DESCRIBED IN SECTION 2923.44 OR 2923.45 OF THE REVISED CODE. 8,147
(C) THE COURT MAY HOLD A HEARING IF NECESSARY TO DETERMINE 8,149
WHETHER A CHILD IS ABLE TO PAY A SANCTION UNDER THIS SECTION. 8,150
(D) IF A CHILD WHO IS ADJUDICATED A DELINQUENT CHILD IS 8,152
INDIGENT, THE COURT SHALL CONSIDER IMPOSING A TERM OF COMMUNITY 8,153
SERVICE UNDER DIVISION (A) OF SECTION 2152.19 OF THE REVISED CODE 8,154
IN LIEU OF IMPOSING A FINANCIAL SANCTION UNDER THIS SECTION. IF 8,155
A CHILD WHO IS ADJUDICATED A DELINQUENT CHILD IS NOT INDIGENT, 8,156
THE COURT MAY IMPOSE A TERM OF COMMUNITY SERVICE UNDER THAT 8,157
DIVISION IN LIEU OF, OR IN ADDITION TO, IMPOSING A FINANCIAL 8,158
SANCTION UNDER THIS SECTION. THE COURT MAY ORDER COMMUNITY 8,159
SERVICE FOR AN ACT THAT IF COMMITTED BY AN ADULT WOULD BE A MINOR 8,160
MISDEMEANOR.
IF A CHILD FAILS TO PAY A FINANCIAL SANCTION IMPOSED UNDER 8,162
THIS SECTION, THE COURT MAY IMPOSE A TERM OF COMMUNITY SERVICE IN 8,163
LIEU OF THE SANCTION. 8,164
(E) THE CLERK OF THE COURT, OR ANOTHER PERSON AUTHORIZED 8,166
186
BY LAW OR BY THE COURT TO COLLECT A FINANCIAL SANCTION IMPOSED 8,167
UNDER THIS SECTION, MAY DO ANY OF THE FOLLOWING: 8,168
(1) ENTER INTO CONTRACTS WITH ONE OR MORE PUBLIC AGENCIES 8,170
OR PRIVATE VENDORS FOR THE COLLECTION OF THE AMOUNTS DUE UNDER 8,171
THE FINANCIAL SANCTION, WHICH AMOUNTS MAY INCLUDE INTEREST FROM 8,172
THE DATE OF IMPOSITION OF THE FINANCIAL SANCTION; 8,173
(2) PERMIT PAYMENT OF ALL, OR ANY PORTION OF, THE 8,175
FINANCIAL SANCTION IN INSTALLMENTS, BY CREDIT OR DEBIT CARD, BY 8,176
ANOTHER TYPE OF ELECTRONIC TRANSFER, OR BY ANY OTHER REASONABLE 8,177
METHOD, WITHIN ANY PERIOD OF TIME, AND ON ANY TERMS THAT THE 8,178
COURT CONSIDERS JUST, EXCEPT THAT THE MAXIMUM TIME PERMITTED FOR 8,179
PAYMENT SHALL NOT EXCEED FIVE YEARS. THE CLERK MAY PAY ANY FEE 8,180
ASSOCIATED WITH PROCESSING AN ELECTRONIC TRANSFER OUT OF PUBLIC 8,181
MONEY AND MAY CHARGE THE FEE TO THE DELINQUENT CHILD. 8,183
(3) TO DEFRAY ADMINISTRATIVE COSTS, CHARGE A REASONABLE 8,185
FEE TO A CHILD WHO ELECTS A PAYMENT PLAN RATHER THAN A LUMP SUM 8,186
PAYMENT OF A FINANCIAL SANCTION. 8,187
Sec. 2151.356 2152.21. (A) Unless division (C) of this 8,196
section applies, if a child is adjudicated a juvenile traffic 8,198
offender, the court may make any of the following orders of 8,199
disposition:
(1) Impose a fine and costs AND ONE OR MORE FINANCIAL 8,201
SANCTIONS in accordance with the schedule set forth in section 8,202
2151.3512 2152.20 of the Revised Code; 8,203
(2) Suspend the child's driver's license, probationary 8,205
driver's license, or temporary instruction permit or the 8,207
registration of all motor vehicles registered in the name of the 8,208
child for the A DEFINITE period that the court prescribes NOT 8,209
EXCEEDING TWO YEARS. A child whose license or permit is so 8,211
suspended is ineligible for issuance of a license or permit 8,212
during the period of suspension. At the end of the period of
suspension, the child shall not be reissued a license or permit 8,213
until the child has paid any applicable reinstatement fee and 8,215
complied with all requirements governing license reinstatement. 8,216
187
(3) Revoke the child's driver's license, probationary 8,218
driver's license, or temporary instruction permit or the 8,219
registration of all motor vehicles registered in the name of the 8,221
child. A child whose license or permit is so revoked is 8,222
ineligible for issuance of a license or permit during the period 8,223
of revocation. At the end of the period of revocation, the child 8,224
shall not be reissued a license or permit until the child has 8,226
paid any applicable reinstatement fee and complied with all
requirements governing license reinstatement. 8,227
(4) Place the child on probation COMMUNITY CONTROL; 8,229
(5)(4) Require the child to make restitution for all 8,231
damages caused by the child's traffic violation or any part of 8,232
the damages; 8,233
(6)(5)(a) If the child is adjudicated a juvenile traffic 8,235
offender for committing a violation of division (A) of section 8,237
4511.19 of the Revised Code or of a municipal ordinance that is 8,238
substantially comparable EQUIVALENT to that division, commit the 8,239
child, for not longer than five days, to EITHER OF THE FOLLOWING: 8,240
(i) TO the temporary custody of a detention home FACILITY 8,243
or district detention home FACILITY established under section 8,245
2151.34 2152.41 of the Revised Code, or to; 8,246
(ii) TO the temporary custody of any school, camp, 8,250
institution, or other facility for children operated in whole or 8,251
in part for the care of juvenile traffic offenders of that nature 8,252
by the county, by a district organized under section 2151.34 8,253
2152.41 or 2151.65 of the Revised Code, or by a private agency or 8,255
organization within the state that is authorized and qualified to 8,256
provide the care, treatment, or placement required. If
(b) IF an order of disposition committing a child to the 8,259
temporary custody of a home, school, camp, institution, or other 8,260
facility of that nature is made under division (A)(6)(5)(a) of 8,261
this section, the length of the commitment shall not be reduced 8,263
or diminished as a credit for any time that the child was held in 8,264
a place of detention or shelter care, or otherwise was detained, 8,265
188
prior to entry of the order of disposition.
(7)(6) If, after making a disposition under divisions 8,267
(A)(1) to (6) (5) of this section, the court finds upon further 8,268
hearing that the child has failed to comply with the orders of 8,270
the court and the child's operation of a motor vehicle 8,271
constitutes the child a danger to the child and to others, the 8,273
court may make any disposition authorized by divisions (A)(1), 8,274
(A)(2)(3), (A)(10) to (11)(4), and (A)(22)(7) of section 2151.355 8,276
2152.19 of the Revised Code, except that the child may not be 8,278
committed to or placed in a secure correctional facility unless
authorized by division (A)(6)(5) of this section, and commitment 8,279
to or placement in a detention home FACILITY may not exceed 8,281
twenty-four hours.
(B) If a child is adjudicated a juvenile traffic offender 8,283
for violating division (A) OR (B) of section 4511.19 of the 8,285
Revised Code, IN ADDITION TO ANY ORDER OF DISPOSITION MADE UNDER 8,286
DIVISION (A) OF THIS SECTION, the court shall suspend or revoke 8,287
the temporary instruction permit, probationary driver's license, 8,289
or driver's license issued to the child for a DEFINITE period of 8,290
time prescribed by the court AT LEAST THREE MONTHS BUT NOT MORE 8,291
THAN TWO YEARS or, at the discretion of the court, until the 8,292
child attends and satisfactorily completes a drug abuse or 8,293
alcohol abuse education, intervention, or treatment program 8,294
specified by the court. During the time the child is attending 8,295
the program, the court shall retain any temporary instruction 8,296
permit, probationary driver's license, or driver's license issued 8,297
to the child and shall return the permit or license when the 8,299
child satisfactorily completes the program. If a child is 8,300
adjudicated a juvenile traffic offender for violating division 8,301
(B) of section 4511.19 of the Revised Code, the court shall 8,302
suspend the temporary instruction permit, probationary driver's 8,303
license, or driver's license issued to the child for a period of 8,304
not less than sixty days nor more than two years. 8,305
(C) If a child is adjudicated a juvenile traffic offender 8,307
189
for violating division (B)(1) or (2) of section 4513.263 of the 8,309
Revised Code, the court shall impose the appropriate fine set
forth in section 4513.99 of the Revised Code. If a child is 8,310
adjudicated a juvenile traffic offender for violating division 8,312
(B)(3) of section 4513.263 of the Revised Code and if the child 8,313
is sixteen years of age or older, the court shall impose the fine 8,314
set forth in division (G) of section 4513.99 of the Revised Code. 8,315
If a child is adjudicated a juvenile traffic offender for 8,316
violating division (B)(3) of section 4513.263 of the Revised Code 8,317
and if the child is under sixteen years of age, the court shall 8,318
not impose a fine but may place the child on probation OR 8,319
COMMUNITY CONTROL.
(D) A juvenile traffic offender is subject to sections 8,321
4509.01 to 4509.78 of the Revised Code. 8,322
Sec. 2152.22. (A) WHEN A CHILD IS COMMITTED TO THE LEGAL 8,324
CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES UNDER THIS CHAPTER, 8,325
THE JUVENILE COURT RELINQUISHES CONTROL WITH RESPECT TO THE CHILD 8,326
SO COMMITTED, EXCEPT AS PROVIDED IN DIVISIONS (B), (C), AND (G) 8,328
OF THIS SECTION. SUBJECT TO DIVISIONS (B) AND (C) OF THIS 8,329
SECTION, SECTIONS 2151.353 AND 2151.412 TO 2151.421 OF THE 8,330
REVISED CODE, AND ANY OTHER PROVISION OF LAW THAT SPECIFIES A 8,331
DIFFERENT DURATION FOR A DISPOSITIONAL ORDER, ALL OTHER 8,332
DISPOSITIONAL ORDERS MADE BY THE COURT UNDER THIS CHAPTER SHALL 8,333
BE TEMPORARY AND SHALL CONTINUE FOR A PERIOD THAT IS DESIGNATED 8,335
BY THE COURT IN ITS ORDER, UNTIL TERMINATED OR MODIFIED BY THE 8,336
COURT OR UNTIL THE CHILD ATTAINS TWENTY-ONE YEARS OF AGE. 8,337
THE DEPARTMENT SHALL NOT RELEASE THE CHILD FROM A 8,340
DEPARTMENT FACILITY AND AS A RESULT SHALL NOT DISCHARGE THE CHILD 8,341
OR ORDER THE CHILD'S RELEASE ON SUPERVISED RELEASE PRIOR TO THE
EXPIRATION OF THE PERIOD OF COURT CONTROL OVER THE CHILD OR PRIOR 8,343
TO THE CHILD'S ATTAINMENT OF TWENTY-ONE YEARS OF AGE, EXCEPT UPON 8,345
THE ORDER OF A COURT PURSUANT TO DIVISION (B) OR (C) OF THIS 8,346
SECTION OR IN ACCORDANCE WITH SECTION 5139.54 OF THE REVISED 8,347
CODE.
190
(B)(1) THE COURT THAT COMMITS A DELINQUENT CHILD TO THE 8,349
DEPARTMENT MAY GRANT JUDICIAL RELEASE OF THE CHILD TO COURT 8,350
SUPERVISION UNDER THIS DIVISION, DURING ANY OF THE FOLLOWING 8,351
PERIODS THAT ARE APPLICABLE, PROVIDED ANY COMMITMENT IMPOSED 8,352
UNDER DIVISION (A), (B), OR (C) OF SECTION 2152.17 OF THE REVISED 8,353
CODE HAS ENDED: 8,354
(a) IF THE CHILD WAS GIVEN A DISPOSITION UNDER SECTION 8,357
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 8,358
ADULT, AT ANY TIME DURING THE FIRST NINETY DAYS OF THE PERIOD OF 8,360
COURT CONTROL OVER THE CHILD; 8,361
(b) IF THE CHILD WAS GIVEN A DISPOSITION UNDER SECTION 8,364
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 8,365
FIRST OR SECOND DEGREE IF COMMITTED BY AN ADULT, AT ANY TIME 8,366
DURING THE FIRST ONE HUNDRED EIGHTY DAYS OF THE PERIOD OF COURT 8,367
CONTROL OVER THE CHILD; 8,368
(c) IF THE CHILD WAS COMMITTED TO THE DEPARTMENT UNTIL THE 8,370
CHILD ATTAINS TWENTY-ONE YEARS OF AGE FOR AN ACT THAT WOULD BE 8,371
AGGRAVATED MURDER OR MURDER IF COMMITTED BY AN ADULT, AT ANY TIME 8,372
DURING THE FIRST HALF OF THE PRESCRIBED PERIOD OF THAT COMMITMENT 8,374
OF THE CHILD.
(2) IF THE DEPARTMENT OF YOUTH SERVICES DESIRES TO RELEASE 8,376
A CHILD DURING A PERIOD SPECIFIED IN DIVISION (B)(1) OF THIS 8,377
SECTION, IT SHALL REQUEST THE COURT THAT COMMITTED THE CHILD TO 8,378
GRANT A JUDICIAL RELEASE OF THE CHILD TO COURT SUPERVISION. 8,379
DURING WHICHEVER OF THOSE PERIODS IS APPLICABLE, THE CHILD OR THE 8,380
PARENTS OF THE CHILD ALSO MAY REQUEST THAT COURT TO GRANT A 8,381
JUDICIAL RELEASE OF THE CHILD TO COURT SUPERVISION. UPON RECEIPT 8,382
OF A REQUEST FOR A JUDICIAL RELEASE TO COURT SUPERVISION FROM THE 8,383
DEPARTMENT, THE CHILD, OR THE CHILD'S PARENT, OR UPON ITS OWN 8,384
MOTION, THE COURT THAT COMMITTED THE CHILD SHALL DO ONE OF THE 8,385
FOLLOWING: APPROVE THE RELEASE BY JOURNAL ENTRY; SCHEDULE WITHIN 8,386
THIRTY DAYS AFTER THE REQUEST IS RECEIVED A TIME FOR A HEARING ON 8,387
191
WHETHER THE CHILD IS TO BE RELEASED; OR REJECT THE REQUEST BY 8,388
JOURNAL ENTRY WITHOUT CONDUCTING A HEARING.
IF THE COURT REJECTS AN INITIAL REQUEST FOR A RELEASE UNDER 8,390
THIS DIVISION BY THE CHILD OR THE CHILD'S PARENT, THE CHILD OR 8,391
THE CHILD'S PARENT MAY MAKE ONE ADDITIONAL REQUEST FOR A JUDICIAL 8,392
RELEASE TO COURT SUPERVISION WITHIN THE APPLICABLE PERIOD. THE 8,393
ADDITIONAL REQUEST MAY BE MADE NO EARLIER THAN THIRTY DAYS AFTER 8,394
THE FILING OF THE PRIOR REQUEST FOR A JUDICIAL RELEASE TO COURT 8,395
SUPERVISION. UPON THE FILING OF A SECOND REQUEST FOR A JUDICIAL 8,396
RELEASE TO COURT SUPERVISION, THE COURT SHALL EITHER APPROVE OR
DISAPPROVE THE RELEASE BY JOURNAL ENTRY OR SCHEDULE WITHIN THIRTY 8,397
DAYS AFTER THE REQUEST IS RECEIVED A TIME FOR A HEARING ON 8,398
WHETHER THE CHILD IS TO BE RELEASED. 8,399
(3) IF A COURT SCHEDULES A HEARING UNDER DIVISION (B)(2) 8,401
OF THIS SECTION, IT MAY ORDER THE DEPARTMENT TO DELIVER THE CHILD 8,402
TO THE COURT ON THE DATE SET FOR THE HEARING AND MAY ORDER THE 8,403
DEPARTMENT TO PRESENT TO THE COURT A REPORT ON THE CHILD'S 8,404
PROGRESS IN THE INSTITUTION TO WHICH THE CHILD WAS COMMITTED AND 8,405
RECOMMENDATIONS FOR CONDITIONS OF SUPERVISION OF THE CHILD BY THE 8,406
COURT AFTER RELEASE. THE COURT MAY CONDUCT THE HEARING WITHOUT 8,407
THE CHILD BEING PRESENT. THE COURT SHALL DETERMINE AT THE 8,408
HEARING WHETHER THE CHILD SHOULD BE GRANTED A JUDICIAL RELEASE TO 8,409
COURT SUPERVISION.
IF THE COURT APPROVES THE RELEASE, IT SHALL ORDER ITS STAFF 8,411
TO PREPARE A WRITTEN TREATMENT AND REHABILITATION PLAN FOR THE 8,412
CHILD THAT MAY INCLUDE ANY CONDITIONS OF THE CHILD'S RELEASE THAT 8,413
WERE RECOMMENDED BY THE DEPARTMENT AND APPROVED BY THE COURT. 8,414
THE COMMITTING COURT SHALL SEND THE JUVENILE COURT OF THE COUNTY 8,415
IN WHICH THE CHILD IS PLACED A COPY OF THE RECOMMENDED PLAN. THE 8,416
COURT OF THE COUNTY IN WHICH THE CHILD IS PLACED MAY ADOPT THE 8,417
RECOMMENDED CONDITIONS SET BY THE COMMITTING COURT AS AN ORDER OF 8,418
THE COURT AND MAY ADD ANY ADDITIONAL CONSISTENT CONDITIONS IT 8,419
CONSIDERS APPROPRIATE. IF A CHILD IS GRANTED A JUDICIAL RELEASE 8,420
TO COURT SUPERVISION, THE RELEASE DISCHARGES THE CHILD FROM THE 8,421
192
CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES. 8,422
(C)(1) THE COURT THAT COMMITS A DELINQUENT CHILD TO THE 8,424
DEPARTMENT MAY GRANT JUDICIAL RELEASE OF THE CHILD TO DEPARTMENT 8,425
OF YOUTH SERVICES SUPERVISION UNDER THIS DIVISION, DURING ANY OF 8,427
THE FOLLOWING PERIODS THAT ARE APPLICABLE, PROVIDED ANY
COMMITMENT IMPOSED UNDER DIVISION (A), (B), OR (C) OF SECTION 8,429
2152.17 OF THE REVISED CODE HAS ENDED: 8,430
(a) IF THE CHILD WAS GIVEN A DISPOSITION UNDER SECTION 8,433
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 8,434
ANY TIME DURING THE PERIOD OF COURT CONTROL OVER THE CHILD, 8,436
PROVIDED THAT AT LEAST NINETY DAYS OF THAT PERIOD HAVE ELAPSED; 8,437
(b) IF THE CHILD WAS GIVEN A DISPOSITION UNDER SECTION 8,440
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 8,442
SECOND DEGREE IF COMMITTED BY AN ADULT, AT ANY TIME DURING THE 8,443
PERIOD OF COURT CONTROL OVER THE CHILD, PROVIDED THAT AT LEAST
ONE HUNDRED EIGHTY DAYS OF THAT PERIOD HAVE ELAPSED; 8,444
(c) IF THE CHILD WAS COMMITTED TO THE DEPARTMENT FOR AN 8,446
ACT THAT WOULD BE AGGRAVATED MURDER OR MURDER IF COMMITTED BY AN 8,447
ADULT UNTIL THE CHILD ATTAINS TWENTY-ONE YEARS OF AGE, AT ANY 8,448
TIME DURING THE SECOND HALF OF THE PRESCRIBED PERIOD OF THAT 8,449
COMMITMENT OF THE CHILD. 8,450
(2) IF THE DEPARTMENT OF YOUTH SERVICES DESIRES TO RELEASE 8,452
A CHILD DURING A PERIOD SPECIFIED IN DIVISION (C)(1) OF THIS 8,453
SECTION, IT SHALL REQUEST THE COURT THAT COMMITTED THE CHILD TO 8,454
GRANT A JUDICIAL RELEASE TO DEPARTMENT OF YOUTH SERVICES 8,455
SUPERVISION. DURING WHICHEVER OF THOSE PERIODS IS APPLICABLE, 8,456
THE CHILD OR THE CHILD'S PARENT ALSO MAY REQUEST THE COURT THAT 8,457
COMMITTED THE CHILD TO GRANT A JUDICIAL RELEASE TO DEPARTMENT OF 8,458
YOUTH SERVICES SUPERVISION. UPON RECEIPT OF A REQUEST FOR 8,459
JUDICIAL RELEASE TO DEPARTMENT OF YOUTH SERVICES SUPERVISION, THE 8,460
CHILD, OR THE CHILD'S PARENT, OR UPON ITS OWN MOTION AT ANY TIME 8,461
DURING THAT PERIOD, THE COURT SHALL DO ONE OF THE FOLLOWING: 8,462
193
APPROVE THE RELEASE BY JOURNAL ENTRY; SCHEDULE A TIME WITHIN 8,463
THIRTY DAYS AFTER RECEIPT OF THE REQUEST FOR A HEARING ON WHETHER 8,464
THE CHILD IS TO BE RELEASED; OR REJECT THE REQUEST BY JOURNAL 8,465
ENTRY WITHOUT CONDUCTING A HEARING.
IF THE COURT REJECTS AN INITIAL REQUEST FOR RELEASE UNDER 8,467
THIS DIVISION BY THE CHILD OR THE CHILD'S PARENT, THE CHILD OR 8,468
THE CHILD'S PARENT MAY MAKE ONE OR MORE SUBSEQUENT REQUESTS FOR A 8,469
RELEASE WITHIN THE APPLICABLE PERIOD, BUT MAY MAKE NO MORE THAN 8,470
ONE REQUEST DURING EACH PERIOD OF NINETY DAYS THAT THE CHILD IS 8,472
IN A SECURE DEPARTMENT FACILITY AFTER THE FILING OF A PRIOR 8,473
REQUEST FOR EARLY RELEASE. UPON THE FILING OF A REQUEST FOR 8,474
RELEASE UNDER THIS DIVISION SUBSEQUENT TO AN INITIAL REQUEST, THE 8,475
COURT SHALL EITHER APPROVE OR DISAPPROVE THE RELEASE BY JOURNAL 8,476
ENTRY OR SCHEDULE A TIME WITHIN THIRTY DAYS AFTER RECEIPT OF THE 8,477
REQUEST FOR A HEARING ON WHETHER THE CHILD IS TO BE RELEASED. 8,478
(3) IF A COURT SCHEDULES A HEARING UNDER DIVISION (C)(2) 8,480
OF THIS SECTION, IT MAY ORDER THE DEPARTMENT TO DELIVER THE CHILD 8,481
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 8,482
FOR THE CHILD'S POST-INSTITUTIONAL CARE. THE COURT MAY CONDUCT 8,483
THE HEARING WITHOUT THE CHILD BEING PRESENT. THE COURT SHALL 8,484
DETERMINE AT THE HEARING WHETHER THE CHILD SHOULD BE GRANTED A 8,485
JUDICIAL RELEASE TO DEPARTMENT OF YOUTH SERVICES SUPERVISION. 8,486
IF THE COURT APPROVES THE JUDICIAL RELEASE TO DEPARTMENT OF 8,488
YOUTH SERVICES SUPERVISION, THE DEPARTMENT SHALL PREPARE A 8,489
WRITTEN TREATMENT AND REHABILITATION PLAN FOR THE CHILD PURSUANT 8,490
TO DIVISION (E) OF THIS SECTION THAT SHALL INCLUDE THE CONDITIONS 8,491
OF THE CHILD'S RELEASE. IT SHALL SEND THE COMMITTING COURT AND 8,492
THE JUVENILE COURT OF THE COUNTY IN WHICH THE CHILD IS PLACED A 8,493
COPY OF THE PLAN. THE COURT OF THE COUNTY IN WHICH THE CHILD IS 8,494
PLACED MAY ADOPT THE CONDITIONS SET BY THE DEPARTMENT AS AN ORDER 8,495
OF THE COURT AND MAY ADD ANY ADDITIONAL CONSISTENT CONDITIONS IT 8,496
CONSIDERS APPROPRIATE, PROVIDED THAT THE COURT MAY NOT ADD ANY 8,497
CONDITION THAT DECREASES THE LEVEL OR DEGREE OF SUPERVISION 8,498
194
SPECIFIED BY THE DEPARTMENT IN ITS PLAN, THAT SUBSTANTIALLY 8,499
INCREASES THE FINANCIAL BURDEN OF SUPERVISION THAT WILL BE
EXPERIENCED BY THE DEPARTMENT, OR THAT ALTERS THE PLACEMENT 8,500
SPECIFIED BY THE DEPARTMENT IN ITS PLAN. IF THE COURT OF THE 8,501
COUNTY IN WHICH THE CHILD IS PLACED ADDS TO THE DEPARTMENT'S PLAN 8,502
ANY ADDITIONAL CONDITIONS, IT SHALL ENTER THOSE ADDITIONAL 8,503
CONDITIONS IN ITS JOURNAL AND SHALL SEND TO THE DEPARTMENT A COPY 8,504
OF THE JOURNAL ENTRY OF THE ADDITIONAL CONDITIONS. 8,505
IF THE COURT APPROVES THE JUDICIAL RELEASE TO DEPARTMENT OF 8,507
YOUTH SERVICES SUPERVISION, THE ACTUAL DATE ON WHICH THE 8,508
DEPARTMENT SHALL RELEASE THE CHILD IS CONTINGENT UPON THE 8,509
DEPARTMENT FINDING A SUITABLE PLACEMENT FOR THE CHILD. IF THE 8,510
CHILD IS TO BE RETURNED TO THE CHILD'S HOME, THE DEPARTMENT SHALL 8,511
RETURN THE CHILD ON THE DATE THAT THE COURT SCHEDULES FOR THE 8,512
CHILD'S RELEASE OR SHALL BEAR THE EXPENSE OF ANY ADDITIONAL TIME 8,513
THAT THE CHILD REMAINS IN A DEPARTMENT FACILITY. IF THE CHILD IS 8,514
UNABLE TO RETURN TO THE CHILD'S HOME, THE DEPARTMENT SHALL 8,515
EXERCISE REASONABLE DILIGENCE IN FINDING A SUITABLE PLACEMENT FOR 8,516
THE CHILD, AND THE CHILD SHALL REMAIN IN A DEPARTMENT FACILITY 8,517
WHILE THE DEPARTMENT FINDS THE SUITABLE PLACEMENT. 8,518
(D) IF A CHILD IS RELEASED UNDER DIVISION (B) OR (C) OF 8,521
THIS SECTION AND THE COURT OF THE COUNTY IN WHICH THE CHILD IS 8,522
PLACED HAS REASON TO BELIEVE THAT THE CHILD'S DEPORTMENT IS NOT 8,523
IN ACCORDANCE WITH THE CONDITIONS OF THE CHILD'S JUDICIAL 8,524
RELEASE, THE COURT OF THE COUNTY IN WHICH THE CHILD IS PLACED 8,525
SHALL SCHEDULE A TIME FOR A HEARING TO DETERMINE WHETHER THE 8,526
CHILD VIOLATED ANY OF THE POST-RELEASE CONDITIONS, AND, IF THE 8,527
CHILD WAS RELEASED UNDER DIVISION (C) OF THIS SECTION, DIVISIONS 8,528
(A) TO (E) OF SECTION 5139.52 OF THE REVISED CODE APPLY REGARDING 8,529
THE CHILD. 8,530
IF THAT COURT DETERMINES AT THE HEARING THAT THE CHILD 8,532
VIOLATED ANY OF THE POST-RELEASE CONDITIONS, THE COURT, IF IT 8,533
DETERMINES THAT THE VIOLATION WAS A SERIOUS VIOLATION, MAY ORDER 8,534
THE CHILD TO BE RETURNED TO THE DEPARTMENT FOR 8,535
195
INSTITUTIONALIZATION, CONSISTENT WITH THE ORIGINAL ORDER OF 8,536
COMMITMENT OF THE CHILD, OR IN ANY CASE MAY MAKE ANY OTHER 8,537
DISPOSITION OF THE CHILD AUTHORIZED BY LAW THAT THE COURT
CONSIDERS PROPER. IF THE COURT OF THE COUNTY IN WHICH THE CHILD 8,538
IS PLACED ORDERS THE CHILD TO BE RETURNED TO A DEPARTMENT OF
YOUTH SERVICES INSTITUTION, THE TIME DURING WHICH THE CHILD WAS 8,539
HELD IN A SECURE DEPARTMENT FACILITY PRIOR TO THE CHILD'S 8,540
JUDICIAL RELEASE SHALL BE CONSIDERED AS TIME SERVED IN FULFILLING 8,541
THE PRESCRIBED PERIOD OF INSTITUTIONALIZATION THAT IS APPLICABLE 8,542
TO THE CHILD UNDER THE CHILD'S ORIGINAL ORDER OF COMMITMENT. IF 8,543
THE COURT ORDERS THE CHILD RETURNED TO A DEPARTMENT INSTITUTION, 8,544
THE CHILD SHALL REMAIN IN INSTITUTIONAL CARE FOR A MINIMUM OF 8,545
THREE MONTHS OR UNTIL THE CHILD SUCCESSFULLY COMPLETES A 8,546
REVOCATION PROGRAM OF A DURATION OF NOT LESS THAN THIRTY DAYS 8,547
OPERATED EITHER BY THE DEPARTMENT OR BY AN ENTITY WITH WHICH THE 8,548
DEPARTMENT HAS CONTRACTED TO PROVIDE A REVOCATION PROGRAM. 8,549
(E) THE DEPARTMENT OF YOUTH SERVICES, PRIOR TO THE RELEASE 8,551
OF A CHILD PURSUANT TO DIVISION (C) OF THIS SECTION, SHALL DO ALL 8,552
OF THE FOLLOWING: 8,553
(1) AFTER REVIEWING THE CHILD'S REHABILITATIVE PROGRESS 8,555
HISTORY AND MEDICAL AND EDUCATIONAL RECORDS, PREPARE A WRITTEN 8,556
TREATMENT AND REHABILITATION PLAN FOR THE CHILD THAT INCLUDES 8,557
CONDITIONS OF THE RELEASE; 8,558
(2) COMPLETELY DISCUSS THE CONDITIONS OF THE PLAN PREPARED 8,560
PURSUANT TO DIVISION (E)(1) OF THIS SECTION AND THE POSSIBLE 8,561
PENALTIES FOR VIOLATION OF THE PLAN WITH THE CHILD AND THE 8,562
CHILD'S PARENTS, GUARDIAN, OR LEGAL CUSTODIAN; 8,563
(3) HAVE THE PLAN PREPARED PURSUANT TO DIVISION (E)(1) OF 8,565
THIS SECTION SIGNED BY THE CHILD, THE CHILD'S PARENTS, LEGAL 8,566
GUARDIAN, OR CUSTODIAN, AND ANY AUTHORITY OR PERSON THAT IS TO
SUPERVISE, CONTROL, AND PROVIDE SUPPORTIVE ASSISTANCE TO THE 8,567
CHILD AT THE TIME OF THE CHILD'S RELEASE PURSUANT TO DIVISION (C) 8,568
OF THIS SECTION; 8,569
(4) PRIOR TO THE CHILD'S RELEASE, FILE A COPY OF THE 8,571
196
TREATMENT PLAN PREPARED PURSUANT TO DIVISION (E)(1) OF THIS 8,572
SECTION WITH THE COMMITTING COURT AND THE JUVENILE COURT OF THE 8,573
COUNTY IN WHICH THE CHILD IS TO BE PLACED. 8,574
(F) THE DEPARTMENT OF YOUTH SERVICES SHALL FILE A WRITTEN 8,576
PROGRESS REPORT WITH THE COMMITTING COURT REGARDING EACH CHILD 8,577
RELEASED PURSUANT TO DIVISION (C) OF THIS SECTION AT LEAST ONCE 8,579
EVERY THIRTY DAYS UNLESS SPECIFICALLY DIRECTED OTHERWISE BY THE
COURT. THE REPORT SHALL INDICATE THE TREATMENT AND 8,581
REHABILITATIVE PROGRESS OF THE CHILD AND THE CHILD'S FAMILY, IF 8,582
APPLICABLE, AND SHALL INCLUDE ANY SUGGESTIONS FOR ALTERING THE 8,583
PROGRAM, CUSTODY, LIVING ARRANGEMENTS, OR TREATMENT. THE 8,584
DEPARTMENT SHALL RETAIN LEGAL CUSTODY OF A CHILD SO RELEASED 8,585
UNTIL IT DISCHARGES THE CHILD OR UNTIL THE CUSTODY IS TERMINATED 8,586
AS OTHERWISE PROVIDED BY LAW. 8,587
(G) WHEN A CHILD IS COMMITTED TO THE LEGAL CUSTODY OF THE 8,589
DEPARTMENT OF YOUTH SERVICES, THE COURT RETAINS JURISDICTION TO 8,590
PERFORM THE FUNCTIONS SPECIFIED IN SECTION 5139.51 OF THE REVISED 8,591
CODE WITH RESPECT TO THE GRANTING OF SUPERVISED RELEASE BY THE 8,593
RELEASE AUTHORITY AND TO PERFORM THE FUNCTIONS SPECIFIED IN 8,594
SECTION 5139.52 OF THE REVISED CODE WITH RESPECT TO VIOLATIONS OF 8,595
THE CONDITIONS OF SUPERVISED RELEASE GRANTED BY THE RELEASE 8,596
AUTHORITY AND TO THE REVOCATION OF SUPERVISED RELEASE GRANTED BY 8,597
THE RELEASE AUTHORITY. 8,598
Sec. 2151.312 2152.26. (A) Except as provided in 8,609
divisions (B) and (F) of this section, a child alleged to be or 8,611
adjudicated a delinquent child, an unruly child, or a juvenile 8,612
traffic offender may be held only in the following places: 8,613
(1) A certified foster home or a home approved by the 8,616
court;
(2) A facility operated by a certified child welfare 8,618
agency; 8,619
(3) Any other suitable place designated by the court. 8,621
(B) In addition to the places listed in division (A) of 8,623
this section, a child alleged to be or adjudicated a delinquent 8,624
197
child may be held in a detention home or center FACILITY for 8,625
delinquent children that is under the direction or supervision of 8,627
the court or other public authority or of a private agency and 8,628
approved by the court. Division (B) of this section does not 8,629
apply to a child alleged to be or adjudicated a delinquent child 8,630
for chronic truancy, unless the child violated a lawful court 8,631
order made pursuant to division (A)(23)(5) of section 2151.355 8,632
2152.19 of the Revised Code. Division (B) of this section also 8,634
does not apply to a child alleged to be or adjudicated a 8,636
delinquent child for being an habitual truant who previously has
been adjudicated an unruly child for being an habitual truant, 8,637
unless the child violated a lawful court order made pursuant to 8,639
division (C)(1)(e) of section 2151.354 of the Revised Code. 8,640
(C)(1) Except as provided under division (C)(1) of section 8,642
2151.311 of the Revised Code or division (A)(6)(5) of section 8,643
2151.356 2152.21 of the Revised Code, a child alleged to be or 8,646
adjudicated a neglected child, an abused child, a dependent 8,647
child, an unruly child, or a juvenile traffic offender may not be 8,648
held in any of the following facilities: 8,650
(a) A state correctional institution, county, multicounty, 8,653
or municipal jail or workhouse, or other place in which an adult 8,654
convicted of crime, under arrest, or charged with a crime is 8,655
held.
(b) A secure correctional facility. 8,657
(2) Except as provided under THIS SECTION, sections 8,659
2151.56 to 2151.61, and division (A)(6)(5) of section 2151.356 8,661
2152.21 of the Revised Code and division (C)(3) of this section, 8,663
a child alleged to be or adjudicated an unruly child or a
juvenile traffic offender may not be held for more than 8,665
twenty-four hours in a detention home FACILITY. A child alleged 8,666
to be or adjudicated a neglected child, an abused child, or a 8,668
dependent child shall not be held in a detention home.
(3) A child who is alleged to be or who is adjudicated an 8,670
unruly child and who is taken into custody on a Saturday, Sunday, 8,672
198
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 8,673
that is not a Saturday, Sunday, or legal holiday. 8,674
(D) Except as provided in division (F) of this section or 8,676
in division (C) of section 2151.311, in division (C)(2) of 8,677
section 5139.06 and section 5120.162, or in division (B) of 8,679
section 5120.16 of the Revised Code, a child who is alleged to be 8,680
or is adjudicated a delinquent child may not be held in a state 8,681
correctional institution, county, multicounty, or municipal jail 8,682
or workhouse, or other place where an adult convicted of crime, 8,683
under arrest, or charged with crime is held. 8,684
(E) Unless the detention is pursuant to division (F) of 8,686
this section or division (C) of section 2151.311, division (C)(2) 8,688
of section 5139.06 and section 5120.162, or division (B) of 8,689
section 5120.16 of the Revised Code, the official in charge of 8,690
the institution, jail, workhouse, or other facility shall inform 8,691
the court immediately when a child, who is or appears to be under 8,692
the age of eighteen years, is received at the facility, and shall 8,693
deliver the child to the court upon request or transfer the child 8,694
to a detention facility designated by the court. 8,695
(F) If a case is transferred to another court for criminal 8,697
prosecution pursuant to section 2151.26 2152.12 of the Revised 8,698
Code, the child may be transferred for detention pending the 8,700
criminal prosecution in a jail or other facility in accordance 8,701
with the law governing the detention of persons charged with 8,702
crime. Any child so held shall be confined in a manner that 8,703
keeps the child beyond the range of touch of all adult detainees. 8,704
The child shall be supervised at all times during the detention. 8,705
Sec. 2151.34 2152.41. A child who is alleged to be or 8,714
adjudicated a delinquent child may be confined in a place of 8,717
juvenile detention for a period not to exceed ninety days, during 8,718
which time a social history may be prepared to include court 8,719
record, family history, personal history, school and attendance 8,720
records, and any other pertinent studies and material that will 8,721
199
be of assistance to the juvenile court in its disposition of the 8,722
charges against that juvenile offender.
(A) Upon the advice and recommendation of the judge, the 8,724
board of county commissioners shall provide, by purchase, lease, 8,726
construction, or otherwise, a place to be known as a detention 8,727
home FACILITY that shall be within a convenient distance of the 8,728
juvenile court and. THE FACILITY shall not be used for the 8,730
confinement of adults charged with criminal offenses and in 8,732
which. THE FACILITY MAY BE USED TO DETAIN ALLEGED delinquent 8,733
children may be detained until final disposition. Upon FOR 8,734
EVALUATION PURSUANT TO SECTION 2152.04 OF THE REVISED CODE AND 8,735
FOR CHILDREN ADJUDICATED JUVENILE TRAFFIC OFFENDERS UNDER
DIVISION (A)(5) OR (6) OF SECTION 2152.21 OF THE REVISED CODE. 8,736
(B) UPON the joint advice and recommendation of the 8,738
juvenile judges of two or more adjoining or neighboring counties, 8,740
the boards of county commissioners of the counties shall form 8,741
themselves into a joint board and proceed to organize a district 8,742
for the establishment and support of a detention home FACILITY 8,743
for the use of the juvenile courts of those counties, in which 8,745
ALLEGED delinquent children may be detained until final 8,746
disposition AS PROVIDED IN DIVISION (A) OF THIS SECTION, by using 8,747
a site or buildings already established in one of the counties or 8,748
by providing for the purchase of a site and the erection of the 8,749
necessary buildings on the site. 8,750
A child who is adjudicated to be a juvenile traffic 8,752
offender for having committed a violation of division (A) of 8,753
section 4511.19 of the Revised Code or of a municipal ordinance 8,754
that is substantially comparable to that division may be confined 8,755
in a detention home FACILITY or district detention home FACILITY 8,757
pursuant to division (A)(6)(5) of section 2151.356 2152.21 of the 8,759
Revised Code, provided the child is kept separate and apart from 8,760
alleged delinquent children.
The county or district detention home shall be maintained 8,762
as provided in sections 2151.01 to 2151.54 of the Revised Code. 8,763
200
In EXCEPT AS OTHERWISE PROVIDED BY LAW, DISTRICT DETENTION 8,764
FACILITIES SHALL BE ESTABLISHED, OPERATED, MAINTAINED, AND 8,765
MANAGED IN THE SAME MANNER SO FAR AS APPLICABLE AS COUNTY 8,766
DETENTION FACILITIES.
MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS WHO MEET BY 8,768
APPOINTMENT TO CONSIDER THE ORGANIZATION OF A DISTRICT DETENTION 8,769
HOME, UPON PRESENTATION OF PROPERLY CERTIFIED ACCOUNTS, SHALL BE 8,770
PAID THEIR NECESSARY EXPENSES UPON A WARRANT DRAWN BY THE COUNTY 8,771
AUDITOR OF THEIR COUNTY. 8,772
THE COUNTY AUDITOR OF THE COUNTY HAVING THE GREATEST 8,774
POPULATION OR, WITH THE UNANIMOUS CONCURRENCE OF THE COUNTY 8,775
AUDITORS OF THE COUNTIES COMPOSING A DISTRICT, THE AUDITOR OF THE 8,776
COUNTY IN WHICH THE DETENTION FACILITY IS LOCATED SHALL BE THE 8,777
FISCAL OFFICER OF A DETENTION FACILITY DISTRICT. THE COUNTY 8,778
AUDITORS OF THE SEVERAL COUNTIES COMPOSING A DETENTION FACILITY 8,779
DISTRICT SHALL MEET AT THE DISTRICT DETENTION FACILITY, NOT LESS 8,780
THAN ONCE IN SIX MONTHS, TO REVIEW ACCOUNTS AND TO TRANSACT ANY 8,781
OTHER DUTIES IN CONNECTION WITH THE INSTITUTION THAT PERTAIN TO 8,782
THE BUSINESS OF THEIR OFFICE.
(C) IN any county in which there is no detention home 8,784
FACILITY or that is not served by a district detention home 8,787
FACILITY, the JUVENILE COURT MAY ENTER INTO A CONTRACT, SUBJECT 8,788
TO THE APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS, WITH 8,789
ANOTHER JUVENILE COURT, ANOTHER COUNTY'S DETENTION FACILITY, OR A 8,790
JOINT COUNTY DETENTION FACILITY. ALTERNATELY, THE board of
county commissioners shall provide funds for the boarding of such 8,792
children, WHO WOULD BE ELIGIBLE FOR DETENTION UNDER DIVISION (A) 8,794
OF THIS SECTION, temporarily in private homes. Children who are 8,795
alleged to be or have been adjudicated delinquent children may be 8,796
detained after a complaint is filed in the detention home until 8,797
final disposition of their cases or in certified foster homes or 8,798
in any other home approved by the court, if any are available, 8,799
for a period not exceeding sixty days or until final disposition 8,800
of their cases, whichever comes first. The court also may 8,801
201
arrange with any public children services agency or private child 8,802
placing agency to receive, or private noncustodial agency for 8,803
temporary care of, the children within the jurisdiction of the 8,804
court. A district detention home approved for such purpose by 8,805
the department of youth services under section 5139.281 of the 8,806
Revised Code may receive children committed to its temporary 8,807
custody under section 2151.355 of the Revised Code and provide 8,808
the care, treatment, and training required. 8,809
If a detention home is established as an agency of the 8,811
court or a district detention home is established by the courts 8,812
of several counties as provided in this section, it shall be 8,813
furnished and carried on, as far as possible, as a family home in 8,814
charge of a superintendent or matron in a nonpunitive neutral 8,815
atmosphere. The judge, or the directing board of a district 8,816
detention home, may appoint a superintendent, a matron, and other 8,817
necessary employees for the home and fix their salaries. During 8,818
the school year, when possible, a comparable educational program 8,819
with competent and trained staff shall be provided for those 8,820
children of school age. A sufficient number of trained 8,821
recreational personnel shall be included among the staff to 8,822
assure wholesome and profitable leisure-time activities. Medical 8,823
and mental health services shall be made available to ensure the 8,824
courts all possible treatment facilities shall be given to those 8,825
children placed under their care. In the case of a county 8,826
detention home, the salaries shall be paid in the same manner as 8,827
is provided by section 2151.13 of the Revised Code for other 8,828
employees of the court, and the necessary expenses incurred in 8,829
maintaining the detention home shall be paid by the county. In 8,830
the case of a district detention home, the salaries and the 8,831
necessary expenses incurred in maintaining the district detention 8,832
home shall be paid as provided in sections 2151.341 to 2151.3415 8,833
of the Revised Code. 8,834
If the court arranges for the board of children temporarily 8,836
detained in certified foster homes or arranges for the board of 8,838
202
those children through any private child placing agency, THE 8,839
COUNTY SHALL PAY a reasonable sum to be fixed by the court for 8,841
the board of those children shall be paid by the county. In 8,842
order to have certified foster homes available for service, an 8,844
agreed monthly subsidy may be paid and a fixed rate per day for 8,845
care of children actually residing in the certified foster home. 8,846
(D) THE BOARD OF COUNTY COMMISSIONERS OF ANY COUNTY WITHIN 8,848
A DETENTION FACILITY DISTRICT, UPON THE RECOMMENDATION OF THE 8,849
JUVENILE COURT OF THAT COUNTY, MAY WITHDRAW FROM THE DISTRICT AND 8,851
SELL OR LEASE ITS RIGHT, TITLE, AND INTEREST IN THE SITE, 8,852
BUILDINGS, FURNITURE, AND EQUIPMENT OF THE FACILITY TO ANY
COUNTIES IN THE DISTRICT, AT ANY PRICE AND UPON ANY SUCH TERMS 8,853
THAT ARE AGREED UPON AMONG THE BOARDS OF COUNTY COMMISSIONERS OF 8,854
THE COUNTIES CONCERNED. SECTION 307.10 OF THE REVISED CODE DOES 8,855
NOT APPLY TO THIS DIVISION. THE NET PROCEEDS OF ANY SALE OR 8,857
LEASE UNDER THIS DIVISION SHALL BE PAID INTO THE TREASURY OF THE 8,859
WITHDRAWING COUNTY.
THE MEMBERS OF THE BOARD OF TRUSTEES OF A DISTRICT 8,861
DETENTION FACILITY WHO ARE RESIDENTS OF A COUNTY WITHDRAWING FROM 8,862
THE DISTRICT ARE DEEMED TO HAVE RESIGNED THEIR POSITIONS UPON THE 8,863
COMPLETION OF THE WITHDRAWAL PROCEDURE PROVIDED BY THIS DIVISION. 8,864
THE VACANCIES THEN CREATED SHALL BE FILLED AS PROVIDED IN THIS 8,865
SECTION.
(E) THE CHILDREN TO BE ADMITTED FOR CARE IN A COUNTY OR 8,867
DISTRICT DETENTION FACILITY ESTABLISHED UNDER THIS SECTION, THE 8,868
PERIOD DURING WHICH THEY SHALL BE CARED FOR IN THE FACILITY, AND 8,869
THE REMOVAL AND TRANSFER OF CHILDREN FROM THE FACILITY SHALL BE 8,870
DETERMINED BY THE JUVENILE COURT THAT ORDERED THE CHILD'S 8,871
DETENTION. 8,872
Sec. 2152.42. (A) ANY DETENTION FACILITY ESTABLISHED 8,874
UNDER SECTION 2152.41 OF THE REVISED CODE SHALL BE UNDER THE 8,875
DIRECTION OF A SUPERINTENDENT. THE SUPERINTENDENT SHALL BE 8,876
APPOINTED BY, AND UNDER THE DIRECTION OF, THE JUDGE OR JUDGES OR, 8,877
FOR A DISTRICT FACILITY, THE BOARD OF TRUSTEES OF THE FACILITY. 8,878
203
THE SUPERINTENDENT SERVES AT THE PLEASURE OF THE JUVENILE COURT 8,879
OR, IN A DISTRICT DETENTION FACILITY, AT THE PLEASURE OF THE 8,880
BOARD OF TRUSTEES. 8,881
BEFORE COMMENCING WORK AS SUPERINTENDENT, THE PERSON 8,883
APPOINTED SHALL OBTAIN A BOND, WITH SUFFICIENT SURETY, 8,884
CONDITIONED UPON THE FULL AND FAITHFUL ACCOUNTING OF THE FUNDS 8,885
AND PROPERTIES UNDER THE SUPERINTENDENT'S CONTROL. 8,886
THE SUPERINTENDENT, UNDER THE SUPERVISION AND SUBJECT TO 8,888
THE RULES AND REGULATIONS OF THE BOARD, SHALL CONTROL, MANAGE, 8,889
OPERATE, AND HAVE GENERAL CHARGE OF THE FACILITY AND SHALL HAVE 8,890
THE CUSTODY OF ITS PROPERTY, FILES, AND RECORDS. 8,891
(B) FOR A COUNTY FACILITY, THE SUPERINTENDENT SHALL 8,893
APPOINT ALL EMPLOYEES OF THE FACILITY, WHO SHALL BE IN THE 8,894
UNCLASSIFIED CIVIL SERVICE. THE SALARIES SHALL BE PAID AS 8,895
PROVIDED BY SECTION 2151.13 OF THE REVISED CODE FOR OTHER 8,896
EMPLOYEES OF THE COURT, AND THE NECESSARY EXPENSES INCURRED IN 8,897
MAINTAINING THE FACILITY SHALL BE PAID BY THE COUNTY. 8,898
FOR A DISTRICT FACILITY, THE SUPERINTENDENT SHALL APPOINT 8,900
OTHER EMPLOYEES OF THE FACILITY AND FIX THEIR COMPENSATION, 8,901
SUBJECT TO APPROVAL OF THE BOARD OF TRUSTEES. EMPLOYEES OF A 8,902
DISTRICT FACILITY, EXCEPT FOR THE SUPERINTENDENT, SHALL BE IN THE 8,903
CLASSIFIED CIVIL SERVICE. 8,904
(C) DURING THE SCHOOL YEAR, WHEN POSSIBLE, A COMPARABLE 8,906
EDUCATIONAL PROGRAM WITH COMPETENT AND TRAINED STAFF SHALL BE 8,907
PROVIDED FOR CHILDREN OF SCHOOL AGE WHO ARE IN THE FACILITY. A
SUFFICIENT NUMBER OF TRAINED RECREATIONAL PERSONNEL SHALL BE 8,908
INCLUDED AMONG THE STAFF. MEDICAL AND MENTAL HEALTH SERVICES 8,909
SHALL BE MADE AVAILABLE. 8,910
Sec. 2151.341 2152.43. (A) A board of county 8,919
commissioners that provides a detention home FACILITY and the 8,921
board of trustees of a district detention home FACILITY may make 8,922
application APPLY to the department of youth services under 8,923
section 5139.281 of the Revised Code for financial assistance in 8,924
defraying the cost of operating and maintaining the home 8,926
204
FACILITY. Such THE application shall be made on forms prescribed 8,928
and furnished by the department. The
THE BOARD OF COUNTY COMMISSIONERS OF EACH COUNTY THAT 8,930
PARTICIPATES IN A DISTRICT DETENTION FACILITY MAY APPLY TO THE 8,931
DEPARTMENT OF YOUTH SERVICES FOR ASSISTANCE IN DEFRAYING THE 8,932
COUNTY'S SHARE OF THE COST OF ACQUISITION OR CONSTRUCTION OF THE 8,933
FACILITY, AS PROVIDED IN SECTION 5139.271 OF THE REVISED CODE. 8,934
APPLICATION SHALL BE MADE IN ACCORDANCE WITH RULES ADOPTED BY THE 8,935
DEPARTMENT. NO COUNTY SHALL BE REIMBURSED FOR EXPENSES INCURRED 8,936
IN THE ACQUISITION OR CONSTRUCTION OF A DISTRICT DETENTION 8,938
FACILITY THAT SERVES A DISTRICT HAVING A POPULATION OF LESS THAN 8,939
ONE HUNDRED THOUSAND.
(B)(1) THE joint boards of county commissioners of 8,943
district detention homes FACILITIES shall make annual assessments 8,944
of taxes sufficient to support and defray all necessary expenses 8,946
of such home THE FACILITY not paid from funds made available 8,947
under section 5139.281 of the Revised Code, THROUGH ANNUAL 8,948
ASSESSMENTS OF TAXES, THROUGH GIFTS, OR THROUGH OTHER MEANS. 8,949
IF ANY COUNTY WITHDRAWS FROM A DISTRICT UNDER DIVISION (D) 8,951
OF SECTION 2152.41 OF THE REVISED CODE, IT SHALL CONTINUE TO HAVE 8,953
LEVIED AGAINST ITS TAX DUPLICATE ANY TAX LEVIED BY THE DISTRICT 8,954
DURING THE PERIOD IN WHICH THE COUNTY WAS A MEMBER OF THE 8,955
DISTRICT FOR CURRENT OPERATING EXPENSES, PERMANENT IMPROVEMENTS, 8,956
OR THE RETIREMENT OF BONDED INDEBTEDNESS. THE LEVY SHALL 8,957
CONTINUE TO BE A LEVY AGAINST THE TAX DUPLICATE OF THE COUNTY 8,958
UNTIL THE TIME THAT IT EXPIRES OR IS RENEWED. 8,959
(2) THE CURRENT EXPENSES OF MAINTAINING THE FACILITY NOT 8,961
PAID FROM FUNDS MADE AVAILABLE UNDER SECTION 5139.281 OF THE 8,962
REVISED CODE OR DIVISION (C) OF THIS SECTION, AND THE COST OF 8,964
ORDINARY REPAIRS TO THE FACILITY, SHALL BE PAID BY EACH COUNTY IN 8,965
ACCORDANCE WITH ONE OF THE FOLLOWING METHODS AS APPROVED BY THE 8,966
JOINT BOARD OF COUNTY COMMISSIONERS: 8,968
(a) IN PROPORTION TO THE NUMBER OF CHILDREN FROM THAT 8,970
COUNTY WHO ARE MAINTAINED IN THE FACILITY DURING THE YEAR; 8,971
205
(b) BY A LEVY SUBMITTED BY THE JOINT BOARD OF COUNTY 8,973
COMMISSIONERS UNDER DIVISION (A) OF SECTION 5705.19 OF THE 8,975
REVISED CODE AND APPROVED BY THE ELECTORS OF THE DISTRICT; 8,976
(c) IN PROPORTION TO THE TAXABLE PROPERTY OF EACH COUNTY, 8,978
AS SHOWN BY ITS TAX DUPLICATE; 8,979
(d) IN ANY COMBINATION OF THE METHODS FOR PAYMENT 8,981
DESCRIBED IN DIVISION (B)(2)(a), (b), OR (c) OF THIS SECTION. 8,983
(C) WHEN ANY PERSON DONATES OR BEQUEATHS ANY REAL OR 8,986
PERSONAL PROPERTY TO A COUNTY OR DISTRICT DETENTION FACILITY, THE
JUVENILE COURT OR THE TRUSTEES OF THE FACILITY MAY ACCEPT AND USE 8,988
THE GIFT, CONSISTENT WITH THE BEST INTEREST OF THE INSTITUTION 8,990
AND THE CONDITIONS OF THE GIFT. 8,991
Sec. 2151.343 2152.44. Immediately upon (A) AS SOON AS 9,001
PRACTICAL AFTER the organization of the joint board of county 9,002
commissioners as provided by section 2151.34 2152.41 of the 9,003
Revised Code, or so soon thereafter as practicable, such THE 9,005
joint board of county commissioners shall appoint a board of not 9,007
less than five trustees, which. THE BOARD shall hold office and 9,008
perform its duties until the first annual meeting after the 9,009
choice of an established site and buildings, or after the 9,010
selection and purchase of a building site, at which. AT THAT 9,011
time such, THE joint board of county commissioners shall appoint 9,014
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, 9,015
one for the A term of three years, half of the remaining number 9,017
for the A term of four years, and the remainder for the A term of 9,019
five years. Annually thereafter, the joint board of county 9,021
commissioners shall appoint one or more trustees, each of whom
shall hold office for the A term of five years, to succeed the 9,022
trustee or trustees whose term of office shall expire EXPIRES. A 9,024
trustee may be appointed to succeed himself upon such board of 9,026
trustees, and all appointments to such board of trustees 9,028
SUCCESSIVE TERMS. ANY PERSON APPOINTED AS A TRUSTEE shall be 9,029
made from persons who are recommended and approved by the
206
juvenile court judge or judges of the county of which such THE 9,030
person is resident RESIDES. The 9,031
AT LEAST ONE TRUSTEE SHALL RESIDE IN EACH COUNTY IN THE 9,033
DISTRICT. IN DISTRICTS COMPOSED OF TWO COUNTIES, EACH COUNTY 9,034
SHALL BE ENTITLED TO NOT LESS THAN TWO TRUSTEES. IN DISTRICTS 9,035
COMPOSED OF MORE THAN FOUR COUNTIES, THE NUMBER OF TRUSTEES SHALL 9,036
BE SUFFICIENTLY INCREASED, PROVIDED THAT THERE SHALL ALWAYS BE AN 9,037
UNEVEN NUMBER OF TRUSTEES ON THE BOARD. THE COUNTY IN WHICH A 9,038
DISTRICT DETENTION FACILITY IS LOCATED SHALL HAVE NOT LESS THAN 9,039
TWO TRUSTEES, WHO, IN THE INTERIM PERIOD BETWEEN THE REGULAR 9,040
MEETINGS OF THE TRUSTEES, SHALL ACT AS AN EXECUTIVE COMMITTEE IN 9,041
THE DISCHARGE OF ALL BUSINESS PERTAINING TO THE FACILITY. 9,042
THE JOINT BOARD OF COUNTY COMMISSIONERS MAY REMOVE ANY 9,044
TRUSTEE FOR GOOD CAUSE. THE TRUSTEE APPOINTED TO FILL ANY 9,045
VACANCY SHALL HOLD THE OFFICE FOR THE UNEXPIRED TERM OF THE 9,046
PREDECESSOR TRUSTEE.
(B) THE annual meeting of the board of trustees shall be 9,049
held on the first Tuesday in May in each year. 9,050
A MAJORITY OF THE BOARD CONSTITUTES A QUORUM. OTHER BOARD 9,053
MEETINGS SHALL BE HELD AT LEAST QUARTERLY. THE JUVENILE COURT 9,054
JUDGE OF EACH COUNTY OF THE DISTRICT, OR THE JUDGE'S DESIGNEE, 9,055
SHALL ATTEND THE MEETINGS. THE MEMBERS OF THE BOARD SHALL 9,057
RECEIVE NO COMPENSATION FOR THEIR SERVICES, EXCEPT THEIR ACTUAL 9,058
AND NECESSARY EXPENSES. THE TREASURER SHALL PAY THE MEMBER'S
TRAVELING EXPENSES WHEN PROPERLY CERTIFIED. 9,059
(C) WHEN THE BOARD OF TRUSTEES DOES NOT CHOOSE AN 9,061
ESTABLISHED INSTITUTION IN ONE OF THE COUNTIES OF THE DISTRICT, 9,062
IT MAY SELECT A SUITABLE SITE FOR THE ERECTION OF A DISTRICT 9,063
DETENTION FACILITY. THE SITE MUST BE EASILY ACCESSIBLE, 9,064
CONDUCIVE TO HEALTH, ECONOMY IN PURCHASING OR IN BUILDING, AND 9,065
THE GENERAL INTEREST OF THE FACILITY AND ITS RESIDENTS, AND BE AS 9,066
NEAR AS PRACTICABLE TO THE GEOGRAPHICAL CENTER OF THE DISTRICT. 9,067
IN THE INTERIM BETWEEN THE SELECTION AND PURCHASE OF A 9,069
SITE, AND THE ERECTION AND OCCUPANCY OF THE DISTRICT DETENTION 9,070
207
FACILITY, THE JOINT BOARD OF COUNTY COMMISSIONERS PROVIDED UNDER 9,072
SECTION 2151.41 OF THE REVISED CODE MAY DELEGATE TO THE BOARD OF 9,073
TRUSTEES ANY POWERS AND DUTIES THAT, IN ITS JUDGMENT, WILL BE OF 9,076
GENERAL INTEREST OR AID TO THE INSTITUTION. THE JOINT BOARD OF 9,077
COUNTY COMMISSIONERS MAY APPROPRIATE A TRUSTEES' FUND, TO BE 9,078
EXPENDED BY THE TRUSTEES FOR CONTRACTS, PURCHASES, OR OTHER 9,080
NECESSARY EXPENSES OF THE FACILITY. THE TRUSTEES SHALL MAKE A 9,081
COMPLETE SETTLEMENT WITH THE JOINT BOARD OF COUNTY COMMISSIONERS 9,082
ONCE EACH SIX MONTHS, OR QUARTERLY IF REQUIRED, AND SHALL MAKE TO 9,083
THE BOARD OF COUNTY COMMISSIONERS AND TO THE JUVENILE COURT OF 9,084
EACH OF THE COUNTIES A FULL REPORT OF THE CONDITION OF THE 9,085
FACILITY AND RESIDENTS.
(D) THE CHOICE OF AN ESTABLISHED SITE AND BUILDINGS, OR 9,087
THE PURCHASE OF A SITE, STOCK, IMPLEMENTS, AND GENERAL FARM 9,088
EQUIPMENT, SHOULD THERE BE A FARM, THE ERECTION OF BUILDINGS, AND 9,089
THE COMPLETION AND FURNISHING OF THE DISTRICT DETENTION FACILITY 9,090
FOR OCCUPANCY, SHALL BE IN THE HANDS OF THE JOINT BOARD OF COUNTY 9,091
COMMISSIONERS ORGANIZED UNDER SECTION 2152.41 OF THE REVISED 9,093
CODE. THE JOINT BOARD OF COUNTY COMMISSIONERS MAY DELEGATE ALL 9,094
OR A PORTION OF THESE DUTIES TO THE BOARD OF TRUSTEES, UNDER ANY 9,095
RESTRICTIONS THAT THE JOINT BOARD OF COUNTY COMMISSIONERS 9,096
IMPOSES.
WHEN AN ESTABLISHED SITE AND BUILDINGS ARE USED FOR A 9,098
DISTRICT DETENTION FACILITY, THE JOINT BOARD OF COUNTY 9,099
COMMISSIONERS SHALL CAUSE THE VALUE OF THAT SITE AND THOSE 9,100
BUILDINGS TO BE PROPERLY APPRAISED. THIS APPRAISAL VALUE, OR IN 9,101
CASE OF THE PURCHASE OF A SITE, THE PURCHASE PRICE AND THE COST 9,102
OF ALL IMPROVEMENTS THERETO, SHALL BE PAID BY THE COUNTIES 9,103
COMPRISING THE DISTRICT, IN PROPORTION TO THE TAXABLE PROPERTY OF 9,104
EACH COUNTY, AS SHOWN BY ITS TAX DUPLICATE.
(E) ONCE A DISTRICT IS ESTABLISHED, THE TRUSTEES SHALL 9,106
OPERATE, MAINTAIN, AND MANAGE THE FACILITY AS PROVIDED IN 9,107
SECTIONS 2152.41 TO 2152.43 OF THE REVISED CODE. 9,108
Sec. 2152.61. (A) IN ANY PROCEEDING IN WHICH A CHILD HAS 9,110
208
BEEN ADJUDICATED A DELINQUENT CHILD OR A JUVENILE TRAFFIC 9,111
OFFENDER, ON THE APPLICATION OF A PARTY OR THE COURT'S OWN 9,112
MOTION, THE COURT MAY MAKE AN ORDER RESTRAINING OR OTHERWISE 9,113
CONTROLLING THE CONDUCT OF ANY PARENT, GUARDIAN, OR OTHER 9,114
CUSTODIAN IN THE RELATIONSHIP OF THE INDIVIDUAL TO THE CHILD IF 9,115
THE COURT FINDS THAT AN ORDER OF THAT TYPE NECESSARY TO DO EITHER 9,116
OF THE FOLLOWING: 9,117
(1) CONTROL ANY CONDUCT OR RELATIONSHIP THAT WILL BE 9,119
DETRIMENTAL OR HARMFUL TO THE CHILD; 9,120
(2) CONTROL ANY CONDUCT OR RELATIONSHIP THAT WILL TEND TO 9,122
DEFEAT THE EXECUTION OF THE ORDER OF DISPOSITION MADE OR TO BE 9,123
MADE.
(B) DUE NOTICE OF THE APPLICATION OR MOTION AND THE 9,125
GROUNDS FOR THE APPLICATION OR MOTION UNDER DIVISION (A) OF THIS 9,126
SECTION, AND AN OPPORTUNITY TO BE HEARD, SHALL BE GIVEN TO THE 9,127
PERSON AGAINST WHOM THE ORDER UNDER THAT DIVISION IS DIRECTED. 9,128
THE ORDER MAY INCLUDE A REQUIREMENT THAT THE CHILD'S PARENT, 9,130
GUARDIAN, OR OTHER CUSTODIAN ENTER INTO A RECOGNIZANCE WITH
SUFFICIENT SURETY, CONDITIONED UPON THE FAITHFUL DISCHARGE OF ANY 9,131
CONDITIONS OR CONTROL REQUIRED BY THE COURT. 9,132
(C) A PERSON'S FAILURE TO COMPLY WITH ANY ORDER MADE BY 9,134
THE COURT UNDER THIS SECTION IS CONTEMPT OF COURT UNDER CHAPTER 9,135
2705. OF THE REVISED CODE.
Sec. 2151.47 2152.67. Any adult who is arrested or charged 9,144
under any provision in this chapter and who is charged with a 9,146
crime may demand a trial by jury, or the juvenile judge upon the 9,147
judge's own motion may call a jury. A demand for a jury trial 9,149
shall be made in writing in not less than three days before the 9,150
date set for trial, or within three days after counsel has been 9,151
retained, whichever is later. Sections 2945.17 and 2945.23 to 9,152
2945.36 of the Revised Code, relating to the drawing and 9,153
impaneling of jurors in criminal cases in the court of common 9,154
pleas, other than in capital cases, shall apply to a jury trial 9,155
under this section. The compensation of jurors and costs of the 9,157
209
clerk and sheriff shall be taxed and paid in the same manner as 9,158
in criminal cases in the court of common pleas. 9,159
Sec. 2151.18 2152.71. (A)(1) The juvenile court shall 9,168
maintain records of all official cases brought before it, 9,170
including, but not limited to, an appearance docket, a journal, a 9,172
cashbook, records of the type required by division (A)(2) of 9,173
section 2151.35 of the Revised Code, and, in cases pertaining to 9,174
an alleged delinquent child, arrest and custody records, 9,175
complaints, journal entries, and hearing summaries. The court 9,176
shall maintain a separate docket for traffic cases and shall 9,177
record all traffic cases on the separate docket instead of on the 9,179
general appearance docket. The parents of any child affected, if 9,180
they are living, or the nearest of kin of the child, if the 9,181
parents are deceased, may inspect these records, either in person 9,182
or by counsel during the hours in which the court is open. 9,183
(2) The juvenile court shall send to the superintendent of 9,185
the bureau of criminal identification and investigation, pursuant 9,186
to section 109.57 of the Revised Code, a weekly report containing 9,187
a summary of each case that has come before it and that involves 9,188
the disposition of a child who is a delinquent child for 9,189
committing an act that would be a felony or an offense of 9,190
violence if committed by an adult.
(B) The clerk of the court shall maintain a statistical 9,192
record that includes all of the following: 9,193
(1) The number of complaints that are filed with, OR 9,195
INDICTMENTS OR INFORMATION MADE TO, the court that allege that a 9,197
child is a delinquent child, in relation to which the court 9,198
determines under division (D) of section 2151.27 of the Revised 9,199
Code that the victim of the alleged delinquent act was sixty-five 9,200
years of age or older or permanently and totally disabled at the 9,201
time of the alleged commission of the act; 9,202
(2) The number of complaints, INDICTMENTS, OR INFORMATION 9,204
described in division (B)(1) of this section that result in the 9,206
child being adjudicated a delinquent child; 9,207
210
(3) The number of complaints, INDICTMENTS, OR INFORMATION 9,209
described in division (B)(2) of this section in which the act 9,211
upon which the delinquent child adjudication is based caused 9,212
property damage or would be a theft offense, as defined in 9,213
division (K) of section 2913.01 of the Revised Code, if committed 9,214
by an adult;
(4) The number of complaints, INDICTMENTS, OR INFORMATION 9,216
described in division (B)(3) of this section that result in the 9,218
delinquent child being required as an order of disposition made 9,219
under division (A)(9) of section 2151.355 2152.20 of the Revised 9,220
Code to make restitution for all or part of the property damage 9,222
caused by the child's delinquent act or for all or part of the 9,224
value of the property that was the subject of the delinquent act 9,225
that would be a theft offense if committed by an adult; 9,226
(5) The number of complaints, INDICTMENTS, OR INFORMATION 9,228
described in division (B)(2) of this section in which the act 9,230
upon which the delinquent child adjudication is based would have 9,231
been an offense of violence if committed by an adult; 9,232
(6) The number of complaints, INDICTMENTS, OR INFORMATION 9,234
described in division (B)(5) of this section that result in the 9,236
delinquent child being committed as an order of disposition made 9,237
under division (A)(3), (4), (5), (6), or (7) of section 2151.355 9,238
2152.16, DIVISIONS (A) AND (B) OF SECTION 2152.17, OR DIVISION 9,240
(A)(2) OF SECTION 2152.19 of the Revised Code to any facility for 9,241
delinquent children operated by the county, a district, or a 9,242
private agency or organization or to the department of youth 9,243
services;
(7) The number of complaints, INDICTMENTS, OR INFORMATION 9,245
described in division (B)(1) of this section that result in the 9,247
case being transferred for criminal prosecution to an appropriate 9,248
court having jurisdiction of the offense under section 2151.26 9,249
2152.12 of the Revised Code. 9,250
(C) The clerk of the court shall compile an annual summary 9,252
covering the preceding calendar year showing all of the 9,253
211
information for that year contained in the statistical record 9,254
maintained under division (B) of this section. The statistical 9,255
record and the annual summary shall be public records open for 9,256
inspection. Neither the statistical record nor the annual 9,257
summary shall include the identity of any party to a case. 9,258
(D) Not later than June of each year, the court shall 9,260
prepare an annual report covering the preceding calendar year 9,261
showing the number and kinds of cases that have come before it, 9,262
the disposition of the cases, and any other data pertaining to 9,263
the work of the court that the juvenile judge directs. The court 9,265
shall file copies of the report with the board of county
commissioners. With the approval of the board, the court may 9,266
print or cause to be printed copies of the report for 9,267
distribution to persons and agencies interested in the court or 9,269
community program for dependent, neglected, abused, or delinquent 9,270
children and juvenile traffic offenders. The court shall include 9,271
the number of copies ordered printed and the estimated cost of
each printed copy on each copy of the report printed for 9,272
distribution. 9,273
Sec. 2151.62 2152.72. (A) This section applies only to a 9,282
child who is or previously has been adjudicated a delinquent 9,284
child for an act to which any of the following applies: 9,285
(1) It THE ACT is a violation of section 2903.01, 2903.02, 9,287
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2907.02, 2907.03, or 9,289
2907.05 of the Revised Code;
(2) It THE ACT is a violation of section 2923.01 of the 9,291
Revised Code and involved an attempt to commit aggravated murder 9,293
or murder;
(3) It THE ACT would be a felony if committed by an adult 9,295
and the court determined that the child, if an adult, would be 9,297
guilty of a specification found in section 2941.141, 2941.144, or 9,298
2941.145 of the Revised Code or in another section of the Revised 9,300
Code that relates to the possession or use of a firearm, as 9,301
defined in section 2923.11 of the Revised Code, during the 9,302
212
commission of the act for which the child was adjudicated a
delinquent child. 9,303
(B)(1) Except as provided in division (E) of this section, 9,306
a public children services agency, private child placing agency, 9,308
private noncustodial agency, or court, the department of youth
services, or another private or government entity shall not place 9,309
a child in a certified foster home until it provides the foster 9,310
caregivers with all of the following: 9,312
(a) A written report describing the child's social 9,314
history;
(b) A written report describing all the acts committed by 9,316
the child the entity knows of that resulted in the child being 9,319
adjudicated a delinquent child and the disposition made by the 9,320
court, unless the records pertaining to the acts have been sealed 9,321
pursuant to section 2151.358 of the Revised Code; 9,322
(c) A written report describing any other violent act 9,324
committed by the child of which the entity is aware; 9,326
(d) The substantial and material conclusions and 9,328
recommendations of any psychiatric or psychological examination 9,330
conducted on the child or, if no psychological or psychiatric 9,331
examination of the child is available, the substantial and 9,332
material conclusions and recommendations of an examination to 9,333
detect mental and emotional disorders conducted in compliance 9,334
with the requirements of Chapter 4757. of the Revised Code by an
independent social worker, social worker, professional clinical 9,335
counselor, or professional counselor licensed under that chapter. 9,336
The entity shall not provide any part of a psychological, 9,337
psychiatric, or mental and emotional disorder examination to the 9,338
foster caregivers other than the substantial and material 9,339
conclusions.
(2) Notwithstanding section 2151.358 of the Revised Code, 9,342
if records of an adjudication that a child is a delinquent child 9,343
have been sealed pursuant to that section and an entity knows the
records have been sealed, the entity shall provide the foster 9,344
213
caregivers a written statement that the records of a prior 9,345
adjudication have been sealed.
(C) The entity that places the child in a certified foster 9,348
home shall conduct a psychological examination of the child, 9,350
except that the entity is not required to conduct the examination
if such an examination was conducted no more than one year prior 9,351
to the child's placement. No later than sixty days after placing 9,352
the child, the entity shall provide the foster caregiver a 9,354
written report detailing the substantial and material conclusions
and recommendations of the examination conducted pursuant to this 9,356
division.
(D)(1) Except as provided in divisions (D)(2) and (3) of 9,358
this section, the expenses of conducting the examinations and 9,360
preparing the reports and assessment required by division (B) or 9,361
(C) of this section shall be paid by the entity that places the 9,362
child in the certified foster home. 9,363
(2) When a juvenile court grants temporary or permanent 9,365
custody of a child pursuant to any section of the Revised Code, 9,366
including section 2151.33, 2151.353, 2151.354, or 2151.355 9,368
2152.19 of the Revised Code, to a public children services agency 9,369
or private child placing agency, the court shall provide the 9,372
agency the information described in division (B) of this section, 9,374
pay the expenses of preparing that information, and, if a new
examination is required to be conducted, pay the expenses of 9,375
conducting the examination described in division (C) of this 9,376
section. On receipt of the information described in division (B) 9,377
of this section, the agency shall provide to the court written 9,378
acknowledgment that the agency received the information. The 9,379
court shall keep the acknowledgment and provide a copy to the 9,380
agency. On the motion of the agency, the court may terminate the 9,381
order granting temporary or permanent custody of the child to 9,382
that agency, if the court does not provide the information 9,383
described in division (B) of this section. 9,384
(3) If one of the following entities is placing a child in 9,386
214
a certified foster home with the assistance of or by contracting 9,388
with a public children services agency, private child placing 9,389
agency, or a private noncustodial agency, the entity shall 9,390
provide the agency with the information described in division (B) 9,391
of this section, pay the expenses of preparing that information,
and, if a new examination is required to be conducted, pay the 9,392
expenses of conducting the examination described in division (C) 9,393
of this section: 9,394
(a) The department of youth services if the placement is 9,396
pursuant to any section of the Revised Code including section 9,397
2151.38 2152.22, 5139.06, 5139.07, 5139.38, or 5139.39 of the 9,400
Revised Code;
(b) A juvenile court with temporary or permanent custody 9,402
of a child pursuant to section 2151.354 or 2151.355 2152.19 of 9,403
the Revised Code; 9,404
(c) A public children services agency or private child 9,406
placing agency with temporary or permanent custody of the child. 9,407
The agency receiving the information described in division 9,409
(B) of this section shall provide the entity described in 9,411
division (D)(3)(a) to (c) of this section that sent the 9,412
information written acknowledgment that the agency received the 9,414
information and provided it to the foster caregivers. The entity
shall keep the acknowledgment and provide a copy to the agency. 9,416
An entity that places a child in a certified foster home with the 9,417
assistance of or by contracting with an agency remains 9,418
responsible to provide the information described in division (B) 9,420
of this section to the foster caregivers unless the entity 9,421
receives written acknowledgment that the agency provided the 9,422
information.
(E) If a child is placed in a certified foster home as a 9,425
result of an emergency removal of the child from home pursuant to 9,426
division (D) of section 2151.31 of the Revised Code, an emergency 9,428
change in the child's case plan pursuant to division (E)(3) of 9,430
section 2151.412 of the Revised Code, or an emergency placement 9,431
215
by the department of youth services pursuant to this chapter or 9,432
Chapter 5139. of the Revised Code, the entity that places the 9,433
child in the certified foster home shall provide the information 9,435
described in division (B) of this section no later than 9,437
ninety-six hours after the child is placed in the certified
foster home. 9,438
(F) On receipt of the information described in divisions 9,440
(B) and (C) of this section, the foster caregiver shall provide 9,442
to the entity that places the child in the foster caregiver's
home a written acknowledgment that the foster caregiver received 9,443
the information. The entity shall keep the acknowledgment and 9,445
provide a copy to the foster caregiver. 9,446
(G) No person employed by an entity subject to this 9,448
section and made responsible by that entity for the child's 9,449
placement in a certified foster home shall fail to provide the 9,452
foster caregivers with the information required by divisions (B) 9,453
and (C) of this section. 9,454
(H) It is not a violation of any duty of confidentiality 9,457
provided for in the Revised Code or a code of professional 9,459
responsibility for a person or government entity to provide the 9,460
substantial and material conclusions and recommendations of a 9,461
psychiatric or psychological examination, or an examination to 9,462
detect mental and emotional disorders, in accordance with 9,463
division (B)(1)(d) or (C) of this section. 9,465
Sec. 2151.11 2152.73. A juvenile court may participate 9,474
with other public or private agencies of the county served by the 9,476
court in programs which THAT have as their objective the 9,478
prevention and control of juvenile delinquency. The juvenile
judge may assign employees of the court, as part of their regular 9,479
duties, to work with organizations concerned with combatting 9,480
conditions known to contribute to delinquency, providing adult 9,481
sponsors for children who have been found TO BE delinquent 9,482
CHILDREN, and developing wholesome youth programs. 9,483
The juvenile judge may accept and administer on behalf of 9,485
216
the court gifts, grants, bequests, and devises made to the court 9,486
for the purpose of preventing delinquency. 9,487
Sec. 2151.315 2152.74. (A) As used in this section, "DNA 9,497
analysis" and "DNA specimen" have the same meanings as in section 9,498
109.573 of the Revised Code. 9,499
(B)(1) A child who is adjudicated a delinquent child for 9,501
committing an act listed in division (D) of this section and who 9,502
is committed to the custody of the department of youth services 9,503
or to a school, camp, institution, or other facility for 9,504
delinquent children described in division (A)(3)(2) of section 9,505
2151.355 2152.19 of the Revised Code shall submit to a DNA 9,507
specimen collection procedure administered by the director of 9,508
youth services if committed to the department or by the chief 9,509
administrative officer of the school, camp, institution, or other 9,510
facility for delinquent children to which the child was 9,511
committed. If the court commits the child to the department of 9,512
youth services, the director of youth services shall cause the 9,513
DNA specimen to be collected from the child during the intake 9,514
process at an institution operated by or under the control of the 9,515
department. If the court commits the child to a school, camp, 9,516
institution, or other facility for delinquent children, the chief 9,517
administrative officer of the school, camp, institution, or 9,518
facility to which the child is committed shall cause the DNA 9,520
specimen to be collected from the child during the intake process 9,521
for the school, camp, institution, or facility. In accordance 9,522
with division (C) of this section, the director or the chief 9,523
administrative officer shall cause the DNA specimen to be 9,526
forwarded to the bureau of criminal identification and 9,527
investigation no later than fifteen days after the date of the 9,528
collection of the DNA specimen. The DNA specimen shall be 9,529
collected from the child in accordance with division (C) of this 9,531
section.
(2) If a child is adjudicated a delinquent child for 9,533
committing an act listed in division (D) of this section, is 9,535
217
committed to the department of youth services or to a school, 9,537
camp, institution, or other facility for delinquent children, and 9,538
does not submit to a DNA specimen collection procedure pursuant 9,540
to division (B)(1) of this section, prior to the child's release 9,541
from the custody of the department of youth services or from the 9,542
custody of the school, camp, institution, or facility, the child 9,543
shall submit to, and the director of youth services or the chief 9,544
administrator of the school, camp, institution, or facility to 9,545
which the child is committed shall administer, a DNA specimen 9,546
collection procedure at the institution operated by or under the 9,547
control of the department of youth services or at the school, 9,548
camp, institution, or facility to which the child is committed. 9,549
In accordance with division (C) of this section, the director or 9,550
the chief administrative officer shall cause the DNA specimen to 9,553
be forwarded to the bureau of criminal identification and
investigation no later than fifteen days after the date of the 9,554
collection of the DNA specimen. The DNA specimen shall be 9,555
collected in accordance with division (C) of this section. 9,556
(C) A physician, registered nurse, licensed practical 9,559
nurse, duly licensed clinical laboratory technician, or other 9,560
qualified medical practitioner shall collect in a medically
approved manner the DNA specimen required to be collected 9,561
pursuant to division (B) of this section. No later than fifteen 9,562
days after the date of the collection of the DNA specimen, the 9,563
director of youth services or the chief administrative officer of 9,565
the school, camp, institution, or other facility for delinquent 9,566
children to which the child is committed shall cause the DNA 9,567
specimen to be forwarded to the bureau of criminal identification 9,569
and investigation in accordance with procedures established by 9,570
the superintendent of the bureau under division (H) of section 9,572
109.573 of the Revised Code. The bureau shall provide the 9,573
specimen vials, mailing tubes, labels, postage, and instruction 9,574
needed for the collection and forwarding of the DNA specimen to 9,576
the bureau.
218
(D) The director of youth services and the chief 9,578
administrative officer of a school, camp, institution, or other 9,579
facility for delinquent children shall cause a DNA specimen to be 9,580
collected in accordance with divisions (B) and (C) of this 9,581
section from each child in its custody who is adjudicated a 9,582
delinquent child for committing any of the following acts: 9,584
(1) A violation of section 2903.01, 2903.02, 2905.01, 9,586
2907.02, 2907.03, 2907.05, or 2911.11 of the Revised Code; 9,588
(2) A violation of section 2907.12 of the Revised Code as 9,590
it existed prior to September 3, 1996; 9,591
(3) An attempt to commit a violation of section 2907.02, 9,593
2907.03, or 2907.05 of the Revised Code or to commit a violation 9,595
of section 2907.12 of the Revised Code as it existed prior to 9,596
September 3, 1996; 9,597
(4) A violation of any law that arose out of the same 9,599
facts and circumstances and same act as did a charge against the 9,602
child of a violation of section 2903.01, 2903.02, 2905.01, 9,603
2907.02, 2907.03, 2907.05, or 2911.11 of the Revised Code that 9,605
previously was dismissed or amended or as did a charge against
the child of a violation of section 2907.12 of the Revised Code 9,606
as it existed prior to September 3, 1996, that previously was 9,607
dismissed or amended;
(5) A violation of section 2905.02 or 2919.23 of the 9,609
Revised Code that would have been a violation of section 2905.04 9,611
of the Revised Code as it existed prior to July 1, 1996, had the 9,612
violation been committed prior to that date.
(E) The director of youth services and the chief 9,614
administrative officer of a school, camp, institution, or other 9,615
facility for delinquent children is not required to comply with 9,616
this section until the superintendent of the bureau of criminal 9,618
identification and investigation gives agencies in the juvenile 9,619
justice system, as defined in section 181.51 of the Revised Code,
in the state official notification that the state DNA laboratory 9,622
is prepared to accept DNA specimens. 9,623
219
Sec. 2151.3511 2152.81. (A)(1) As used in this section, 9,632
"victim" includes any of the following persons: 9,634
(a) A person who was a victim of a violation identified in 9,636
division (A)(2) of this section or an act that would be an 9,637
offense of violence if committed by an adult; 9,638
(b) A person against whom was directed any conduct that 9,640
constitutes, or that is an element of, a violation identified in 9,641
division (A)(2) of this section or an act that would be an 9,642
offense of violence if committed by an adult. 9,643
(2) In any proceeding in juvenile court involving a 9,646
complaint, INDICTMENT, OR INFORMATION in which a child is charged 9,647
with a violation of section 2905.03, 2905.05, 2907.02, 2907.03, 9,648
2907.05, 2907.06, 2907.07, 2907.09, 2907.21, 2907.23, 2907.24, 9,650
2907.31, 2907.32, 2907.321, 2907.322, 2907.323, or 2919.22 of the 9,651
Revised Code or an act that would be an offense of violence if 9,652
committed by an adult and in which an alleged victim of the 9,653
violation or act was a child who was less than thirteen years of 9,654
age when the complaint OR INFORMATION was filed OR THE INDICTMENT 9,655
WAS RETURNED, the juvenile judge, upon motion of an attorney for 9,656
the prosecution, shall order that the testimony of the child 9,657
victim be taken by deposition. The prosecution also may request 9,658
that the deposition be videotaped in accordance with division 9,659
(A)(3) of this section. The judge shall notify the child victim 9,661
whose deposition is to be taken, the prosecution, and the 9,662
attorney for the child who is charged with the violation or act 9,663
of the date, time, and place for taking the deposition. The 9,664
notice shall identify the child victim who is to be examined and 9,666
shall indicate whether a request that the deposition be 9,667
videotaped has been made. The child who is charged with the 9,668
violation or act shall have the right to attend the deposition 9,670
and the right to be represented by counsel. Depositions shall be 9,671
taken in the manner provided in civil cases, except that the 9,672
judge in the proceeding shall preside at the taking of the 9,673
deposition and shall rule at that time on any objections of the 9,674
220
prosecution or the attorney for the child charged with the 9,675
violation or act. The prosecution and the attorney for the child 9,676
charged with the violation or act shall have the right, as at an 9,677
adjudication hearing, to full examination and cross-examination 9,678
of the child victim whose deposition is to be taken. If a 9,679
deposition taken under this division is intended to be offered as 9,680
evidence in the proceeding, it shall be filed in the juvenile 9,681
court in which the action is pending and is admissible in the 9,682
manner described in division (B) of this section. If a 9,683
deposition of a child victim taken under this division is 9,684
admitted as evidence at the proceeding under division (B) of this 9,685
section, the child victim shall not be required to testify in 9,686
person at the proceeding. However, at any time before the 9,687
conclusion of the proceeding, the attorney for the child charged 9,688
with the violation or act may file a motion with the judge 9,689
requesting that another deposition of the child victim be taken
because new evidence material to the defense of the child charged 9,690
has been discovered that the attorney for the child charged could 9,691
not with reasonable diligence have discovered prior to the taking 9,692
of the admitted deposition. Any motion requesting another 9,693
deposition shall be accompanied by supporting affidavits. Upon 9,695
the filing of the motion and affidavits, the court may order that 9,696
additional testimony of the child victim relative to the new 9,697
evidence be taken by another deposition. If the court orders the 9,698
taking of another deposition under this provision, the deposition 9,699
shall be taken in accordance with this division; if the admitted 9,700
deposition was a videotaped deposition taken in accordance with 9,701
division (A)(3) of this section, the new deposition also shall be 9,702
videotaped in accordance with that division, and, in other cases, 9,703
the new deposition may be videotaped in accordance with that 9,704
division.
(3) If the prosecution requests that a deposition to be 9,706
taken under division (A)(2) of this section be videotaped, the 9,708
juvenile judge shall order that the deposition be videotaped in
221
accordance with this division. If a juvenile judge issues an 9,710
order to video tape the deposition, the judge shall exclude from
the room in which the deposition is to be taken every person 9,712
except the child victim giving the testimony, the judge, one or 9,713
more interpreters if needed, the attorneys for the prosecution 9,714
and the child who is charged with the violation or act, any 9,715
person needed to operate the equipment to be used, one person 9,716
chosen by the child victim giving the deposition, and any person 9,717
whose presence the judge determines would contribute to the 9,718
welfare and well-being of the child victim giving the deposition. 9,719
The person chosen by the child victim shall not be a witness in 9,720
the proceeding and, both before and during the deposition, shall 9,722
not discuss the testimony of the child victim with any other 9,724
witness in the proceeding. To the extent feasible, any person 9,725
operating the recording equipment shall be restricted to a room 9,726
adjacent to the room in which the deposition is being taken, or 9,727
to a location in the room in which the deposition is being taken 9,728
that is behind a screen or mirror so that the person operating 9,729
the recording equipment can see and hear, but cannot be seen or 9,731
heard by, the child victim giving the deposition during the 9,732
deposition. The child who is charged with the violation or act 9,733
shall be permitted to observe and hear the testimony of the child 9,734
victim giving the deposition on a monitor, shall be provided with 9,735
an electronic means of immediate communication with the attorney 9,736
of the child who is charged with the violation or act during the 9,737
testimony, and shall be restricted to a location from which the 9,738
child who is charged with the violation or act cannot be seen or 9,741
heard by the child victim giving the deposition, except on a
monitor provided for that purpose. The child victim giving the 9,742
deposition shall be provided with a monitor on which the child 9,743
victim can observe, while giving testimony, the child who is 9,744
charged with the violation or act. The judge, at the judge's 9,746
discretion, may preside at the deposition by electronic means 9,748
from outside the room in which the deposition is to be taken; if 9,749
222
the judge presides by electronic means, the judge shall be 9,750
provided with monitors on which the judge can see each person in 9,752
the room in which the deposition is to be taken and with an 9,753
electronic means of communication with each person in that room, 9,754
and each person in the room shall be provided with a monitor on 9,756
which that person can see the judge and with an electronic means 9,757
of communication with the judge. A deposition that is videotaped 9,758
under this division shall be taken and filed in the manner 9,759
described in division (A)(2) of this section and is admissible in 9,761
the manner described in this division and division (B) of this 9,762
section, and, if a deposition that is videotaped under this 9,764
division is admitted as evidence at the proceeding, the child 9,765
victim shall not be required to testify in person at the 9,766
proceeding. No deposition videotaped under this division shall 9,767
be admitted as evidence at any proceeding unless division (B) of 9,768
this section is satisfied relative to the deposition and all of 9,769
the following apply relative to the recording: 9,770
(a) The recording is both aural and visual and is recorded 9,772
on film or videotape, or by other electronic means. 9,773
(b) The recording is authenticated under the Rules of 9,775
Evidence and the Rules of Criminal Procedure as a fair and 9,776
accurate representation of what occurred, and the recording is 9,777
not altered other than at the direction and under the supervision 9,778
of the judge in the proceeding. 9,779
(c) Each voice on the recording that is material to the 9,781
testimony on the recording or the making of the recording, as 9,782
determined by the judge, is identified. 9,783
(d) Both the prosecution and the child who is charged with 9,785
the violation or act are afforded an opportunity to view the 9,786
recording before it is shown in the proceeding. 9,787
(B)(1) At any proceeding in relation to which a deposition 9,789
was taken under division (A) of this section, the deposition or a 9,790
part of it is admissible in evidence upon motion of the 9,791
prosecution if the testimony in the deposition or the part to be 9,792
223
admitted is not excluded by the hearsay rule and if the 9,793
deposition or the part to be admitted otherwise is admissible 9,794
under the Rules of Evidence. For purposes of this division, 9,795
testimony is not excluded by the hearsay rule if the testimony is 9,796
not hearsay under Evidence Rule 801; if the testimony is within 9,797
an exception to the hearsay rule set forth in Evidence Rule 803; 9,798
if the child victim who gave the testimony is unavailable as a 9,799
witness, as defined in Evidence Rule 804, and the testimony is 9,800
admissible under that rule; or if both of the following apply: 9,801
(a) The child who is charged with the violation or act had 9,803
an opportunity and similar motive at the time of the taking of 9,804
the deposition to develop the testimony by direct, cross, or 9,805
redirect examination. 9,806
(b) The judge determines that there is reasonable cause to 9,808
believe that, if the child victim who gave the testimony in the 9,809
deposition were to testify in person at the proceeding, the child 9,810
victim would experience serious emotional trauma as a result of 9,811
the child victim's participation at the proceeding. 9,812
(2) Objections to receiving in evidence a deposition or a 9,814
part of it under division (B) of this section shall be made as 9,815
provided in civil actions. 9,816
(3) The provisions of divisions (A) and (B) of this 9,818
section are in addition to any other provisions of the Revised 9,819
Code, the Rules of Juvenile Procedure, the Rules of Criminal 9,820
Procedure, or the Rules of Evidence that pertain to the taking or 9,821
admission of depositions in a juvenile court proceeding and do 9,822
not limit the admissibility under any of those other provisions 9,824
of any deposition taken under division (A) of this section or 9,825
otherwise taken. 9,826
(C) In any proceeding in juvenile court involving a 9,828
complaint, INDICTMENT, OR INFORMATION in which a child is charged 9,830
with a violation listed in division (A)(2) of this section or an 9,831
act that would be an offense of violence if committed by an adult 9,832
and in which an alleged victim of the violation or offense was a 9,834
224
child who was less than thirteen years of age when the complaint 9,835
OR INFORMATION was filed OR INDICTMENT WAS RETURNED, the 9,836
prosecution may file a motion with the juvenile judge requesting 9,837
the judge to order the testimony of the child victim to be taken 9,838
in a room other than the room in which the proceeding is being 9,839
conducted and be televised, by closed circuit equipment, into the 9,840
room in which the proceeding is being conducted to be viewed by 9,841
the child who is charged with the violation or act and any other 9,842
persons who are not permitted in the room in which the testimony 9,844
is to be taken but who would have been present during the 9,845
testimony of the child victim had it been given in the room in 9,846
which the proceeding is being conducted. Except for good cause 9,847
shown, the prosecution shall file a motion under this division at 9,848
least seven days before the date of the proceeding. The juvenile 9,850
judge may issue the order upon the motion of the prosecution 9,852
filed under this division, if the judge determines that the child 9,853
victim is unavailable to testify in the room in which the 9,854
proceeding is being conducted in the physical presence of the 9,855
child charged with the violation or act, due to one or more of 9,856
the reasons set forth in division (E) of this section. If a 9,857
juvenile judge issues an order of that nature, the judge shall 9,858
exclude from the room in which the testimony is to be taken every 9,860
person except a person described in division (A)(3) of this 9,861
section. The judge, at the judge's discretion, may preside 9,863
during the giving of the testimony by electronic means from 9,864
outside the room in which it is being given, subject to the 9,865
limitations set forth in division (A)(3) of this section. To the 9,867
extent feasible, any person operating the televising equipment 9,868
shall be hidden from the sight and hearing of the child victim 9,869
giving the testimony, in a manner similar to that described in 9,870
division (A)(3) of this section. The child who is charged with 9,872
the violation or act shall be permitted to observe and hear the 9,873
testimony of the child victim giving the testimony on a monitor, 9,874
shall be provided with an electronic means of immediate 9,875
225
communication with the attorney of the child who is charged with 9,876
the violation or act during the testimony, and shall be 9,877
restricted to a location from which the child who is charged with 9,878
the violation or act cannot be seen or heard by the child victim 9,879
giving the testimony, except on a monitor provided for that 9,880
purpose. The child victim giving the testimony shall be provided 9,881
with a monitor on which the child victim can observe, while 9,882
giving testimony, the child who is charged with the violation or 9,883
act.
(D) In any proceeding in juvenile court involving a 9,885
complaint, INDICTMENT, OR INFORMATION in which a child is charged 9,887
with a violation listed in division (A)(2) of this section or an 9,888
act that would be an offense of violence if committed by an adult 9,889
and in which an alleged victim of the violation or offense was a 9,891
child who was less than thirteen years of age when the complaint 9,892
OR INFORMATION was filed OR THE INDICTMENT WAS RETURNED, the 9,893
prosecution may file a motion with the juvenile judge requesting 9,894
the judge to order the testimony of the child victim to be taken 9,895
outside of the room in which the proceeding is being conducted 9,896
and be recorded for showing in the room in which the proceeding 9,897
is being conducted before the judge, the child who is charged 9,898
with the violation or act, and any other persons who would have 9,899
been present during the testimony of the child victim had it been 9,900
given in the room in which the proceeding is being conducted. 9,901
Except for good cause shown, the prosecution shall file a motion 9,902
under this division at least seven days before the date of the 9,903
proceeding. The juvenile judge may issue the order upon the 9,905
motion of the prosecution filed under this division, if the judge 9,906
determines that the child victim is unavailable to testify in the 9,908
room in which the proceeding is being conducted in the physical 9,909
presence of the child charged with the violation or act, due to 9,910
one or more of the reasons set forth in division (E) of this 9,911
section. If a juvenile judge issues an order of that nature, the 9,912
judge shall exclude from the room in which the testimony is to be 9,914
226
taken every person except a person described in division (A)(3) 9,915
of this section. To the extent feasible, any person operating 9,916
the recording equipment shall be hidden from the sight and 9,917
hearing of the child victim giving the testimony, in a manner 9,918
similar to that described in division (A)(3) of this section. 9,919
The child who is charged with the violation or act shall be 9,920
permitted to observe and hear the testimony of the child victim 9,921
giving the testimony on a monitor, shall be provided with an 9,922
electronic means of immediate communication with the attorney of 9,923
the child who is charged with the violation or act during the 9,924
testimony, and shall be restricted to a location from which the 9,925
child who is charged with the violation or act cannot be seen or 9,927
heard by the child victim giving the testimony, except on a
monitor provided for that purpose. The child victim giving the 9,928
testimony shall be provided with a monitor on which the child 9,929
victim can observe, while giving testimony, the child who is 9,930
charged with the violation or act. No order for the taking of 9,931
testimony by recording shall be issued under this division unless 9,932
the provisions set forth in divisions (A)(3)(a), (b), (c), and 9,933
(d) of this section apply to the recording of the testimony. 9,935
(E) For purposes of divisions (C) and (D) of this section, 9,937
a juvenile judge may order the testimony of a child victim to be 9,938
taken outside of the room in which a proceeding is being 9,939
conducted if the judge determines that the child victim is 9,940
unavailable to testify in the room in the physical presence of 9,941
the child charged with the violation or act due to one or more of 9,942
the following circumstances: 9,943
(1) The persistent refusal of the child victim to testify 9,945
despite judicial requests to do so; 9,946
(2) The inability of the child victim to communicate about 9,948
the alleged violation or offense because of extreme fear, failure 9,949
of memory, or another similar reason; 9,950
(3) The substantial likelihood that the child victim will 9,952
suffer serious emotional trauma from so testifying. 9,953
227
(F)(1) If a juvenile judge issues an order pursuant to 9,955
division (C) or (D) of this section that requires the testimony 9,956
of a child victim in a juvenile court proceeding to be taken 9,957
outside of the room in which the proceeding is being conducted, 9,958
the order shall specifically identify the child victim to whose 9,959
testimony it applies, the order applies only during the testimony 9,960
of the specified child victim, and the child victim giving the 9,961
testimony shall not be required to testify at the proceeding 9,962
other than in accordance with the order. The authority of a 9,963
judge to close the taking of a deposition under division (A)(3) 9,965
of this section or a proceeding under division (C) or (D) of this 9,966
section is in addition to the authority of a judge to close a 9,967
hearing pursuant to section 2151.35 of the Revised Code. 9,968
(2) A juvenile judge who makes any determination regarding 9,970
the admissibility of a deposition under divisions (A) and (B) of 9,971
this section, the videotaping of a deposition under division 9,972
(A)(3) of this section, or the taking of testimony outside of the 9,974
room in which a proceeding is being conducted under division (C) 9,975
or (D) of this section, shall enter the determination and 9,976
findings on the record in the proceeding. 9,977
Sec. 2152.99. WHOEVER VIOLATES DIVISION (G) OF SECTION 9,980
2152.72 OF THE REVISED CODE IS GUILTY OF A MINOR MISDEMEANOR. 9,981
Sec. 2153.16. The juvenile court shall exercise the 9,990
jurisdiction and powers conferred upon the juvenile court by 9,991
Chapter CHAPTERS 2151. AND 2152. and other sections of the 9,993
Revised Code, unless such THE jurisdiction and powers are 9,994
inconsistent with sections 2153.01 to 2153.17, inclusive, of the 9,996
Revised Code, or ARE plainly inapplicable. 9,997
Sec. 2301.03. (A) In Franklin county, the judges of the 10,006
court of common pleas whose terms begin on January 1, 1953, 10,007
January 2, 1953, January 5, 1969, January 5, 1977, and January 2, 10,008
1997, and successors, shall have the same qualifications, 10,009
exercise the same powers and jurisdiction, and receive the same 10,010
compensation as other judges of the court of common pleas of 10,011
228
Franklin county and shall be elected and designated as judges of 10,012
the court of common pleas, division of domestic relations. They 10,013
shall have all the powers relating to juvenile courts, and all 10,014
cases under Chapter CHAPTERS 2151. AND 2152. of the Revised Code, 10,015
all parentage proceedings under Chapter 3111. of the Revised Code 10,017
over which the juvenile court has jurisdiction, and all divorce, 10,018
dissolution of marriage, legal separation, and annulment cases 10,019
shall be assigned to them. In addition to the judge's regular 10,020
duties, the judge who is senior in point of service shall serve 10,022
on the children services board and the county advisory board and 10,023
shall be the administrator of the domestic relations division and 10,024
its subdivisions and departments.
(B)(1) In Hamilton county, the: 10,026
(1) THE judge of the court of common pleas, whose term 10,029
begins on January 1, 1957, and successors, and the judge of the 10,030
court of common pleas, whose term begins on February 14, 1967, 10,031
and successors, shall be the juvenile judges as provided in 10,032
Chapter CHAPTERS 2151. AND 2152. of the Revised Code, with the 10,034
powers and jurisdiction conferred by that chapter THOSE CHAPTERS. 10,035
(2) The judges of the court of common pleas whose terms 10,037
begin on January 5, 1957, January 16, 1981, and July 1, 1991, and 10,038
successors, shall be elected and designated as judges of the 10,039
court of common pleas, division of domestic relations, and shall 10,040
have assigned to them all divorce, dissolution of marriage, legal 10,041
separation, and annulment cases coming before the court. On or 10,042
after the first day of July and before the first day of August of 10,043
1991 and each year thereafter, a majority of the judges of the 10,044
division of domestic relations shall elect one of the judges of 10,045
the division as administrative judge of that division. If a 10,046
majority of the judges of the division of domestic relations are 10,047
unable for any reason to elect an administrative judge for the 10,049
division before the first day of August, a majority of the judges 10,050
of the Hamilton county court of common pleas, as soon as possible 10,051
after that date, shall elect one of the judges of the division of 10,052
229
domestic relations as administrative judge of that division. The 10,053
term of the administrative judge shall begin on the earlier of 10,054
the first day of August of the year in which the administrative 10,055
judge is elected or the date on which the administrative judge is 10,057
elected by a majority of the judges of the Hamilton county court 10,060
of common pleas and shall terminate on the date on which the 10,061
administrative judge's successor is elected in the following 10,062
year. 10,063
In addition to the judge's regular duties, the 10,065
administrative judge of the division of domestic relations shall 10,067
be the administrator of the domestic relations division and its 10,068
subdivisions and departments and shall have charge of the 10,069
employment, assignment, and supervision of the personnel of the 10,070
division engaged in handling, servicing, or investigating 10,071
divorce, dissolution of marriage, legal separation, and annulment 10,072
cases, including any referees considered necessary by the judges 10,073
in the discharge of their various duties. 10,074
The administrative judge of the division of domestic 10,076
relations also shall designate the title, compensation, expense 10,077
allowances, hours, leaves of absence, and vacations of the 10,078
personnel of the division, and shall fix the duties of its 10,079
personnel. The duties of the personnel, in addition to those 10,080
provided for in other sections of the Revised Code, shall include 10,081
the handling, servicing, and investigation of divorce, 10,082
dissolution of marriage, legal separation, and annulment cases 10,083
and counseling and conciliation services that may be made 10,084
available to persons requesting them, whether or not the persons 10,085
are parties to an action pending in the division. 10,086
The board of county commissioners shall appropriate the sum 10,088
of money each year as will meet all the administrative expenses 10,089
of the division of domestic relations, including reasonable 10,090
expenses of the domestic relations judges and the division 10,091
counselors and other employees designated to conduct the 10,092
handling, servicing, and investigation of divorce, dissolution of 10,093
230
marriage, legal separation, and annulment cases, conciliation and 10,094
counseling, and all matters relating to those cases and 10,095
counseling, and the expenses involved in the attendance of 10,096
division personnel at domestic relations and welfare conferences 10,097
designated by the division, and the further sum each year as will 10,098
provide for the adequate operation of the division of domestic 10,099
relations. 10,100
The compensation and expenses of all employees and the 10,102
salary and expenses of the judges shall be paid by the county 10,103
treasurer from the money appropriated for the operation of the 10,104
division, upon the warrant of the county auditor, certified to by 10,105
the administrative judge of the division of domestic relations. 10,106
The summonses, warrants, citations, subpoenas, and other 10,108
writs of the division may issue to a bailiff, constable, or staff 10,109
investigator of the division or to the sheriff of any county or 10,110
any marshal, constable, or police officer, and the provisions of 10,111
law relating to the subpoenaing of witnesses in other cases shall 10,112
apply insofar as they are applicable. When a summons, warrant, 10,113
citation, subpoena, or other writ is issued to an officer, other 10,114
than a bailiff, constable, or staff investigator of the division, 10,115
the expense of serving it shall be assessed as a part of the 10,116
costs in the case involved. 10,117
(3) The judge of the court of common pleas of Hamilton 10,120
County whose term begins on January 3, 1997, shall be elected and 10,121
designated for one term only as the drug court judge of the court 10,122
of common pleas of Hamilton County, and the successors to that 10,124
judge shall be elected and designated as judges of the general 10,125
division of the court of common pleas of Hamilton county and 10,126
shall not have the authority granted by division (B)(3) of this 10,127
section. The drug court judge may accept or reject any case 10,128
referred to the drug court judge under division (B)(3) of this 10,129
section. After the drug court judge accepts a referred case, the 10,130
drug court judge has full authority over the case, including the 10,131
authority to conduct arraignment, accept pleas, enter findings 10,132
231
and dispositions, conduct trials, order treatment, and if 10,133
treatment is not successfully completed pronounce and enter 10,134
sentence.
A judge of the general division of the court of common 10,136
pleas of Hamilton County and a judge of the Hamilton County 10,138
municipal court may refer to the drug court judge any case, and 10,139
any companion cases, the judge determines meet the criteria 10,140
described under divisions (B)(3)(a) and (b) of this section. If 10,142
the drug court judge accepts referral of a referred case, the 10,143
case, and any companion cases, shall be transferred to the drug 10,145
court judge. A judge may refer a case meeting the criteria
described in divisions (B)(3)(a) and (b) of this section that 10,147
involves a violation of a term of probation to the drug court 10,148
judge, and, if the drug court judge accepts the referral, the 10,150
referring judge and the drug court judge have concurrent 10,151
jurisdiction over the case.
A judge of the general division of the court of common 10,153
pleas of Hamilton County and a judge of the Hamilton County 10,154
municipal court may refer a case to the drug court judge under 10,155
division (B)(3) of this section if the judge determines that both 10,156
of the following apply:
(a) One of the following applies: 10,158
(i) The case involves a drug abuse offense, as defined in 10,160
section 2925.01 of the Revised Code, that is a felony of the 10,162
third or fourth degree if the offense is committed prior to July 10,163
1, 1996, a felony of the third, fourth, or fifth degree if the 10,164
offense is committed on or after July 1, 1996, or a misdemeanor. 10,165
(ii) The case involves a theft offense, as defined in 10,167
section 2913.01 of the Revised Code, that is a felony of the 10,169
third or fourth degree if the offense is committed prior to July 10,170
1, 1996, a felony of the third, fourth, or fifth degree if the 10,171
offense is committed on or after July 1, 1996, or a misdemeanor, 10,172
and the defendant is drug or alcohol dependent or in danger of 10,173
becoming drug or alcohol dependent and would benefit from 10,174
232
treatment.
(b) All of the following apply: 10,176
(i) The case involves a probationable offense or a case in 10,178
which a mandatory prison term is not required to be imposed. 10,179
(ii) The defendant has no history of violent behavior. 10,181
(iii) The defendant has no history of mental illness. 10,183
(iv) The defendant's current or past behavior, or both, is 10,185
drug or alcohol driven. 10,186
(v) The defendant demonstrates a sincere willingness to 10,188
participate in a fifteen-month treatment process. 10,189
(vi) The defendant has no acute health condition. 10,191
(vii) If the defendant is incarcerated, the county 10,193
prosecutor approves of the referral. 10,194
(4) If the administrative judge of the court of common 10,196
pleas of Hamilton county determines that the volume of cases 10,197
pending before the drug court judge does not constitute a 10,198
sufficient caseload for the drug court judge, the administrative 10,199
judge, in accordance with the Rules of Superintendence for Courts 10,200
of Common Pleas, shall assign individual cases to the drug court 10,201
judge from the general docket of the court. If the assignments 10,202
so occur, the administrative judge shall cease the assignments 10,203
when the administrative judge determines that the volume of cases 10,204
pending before the drug court judge constitutes a sufficient 10,205
caseload for the drug court judge.
(C) In Lorain county, the judges of the court of common 10,207
pleas whose terms begin on January 3, 1959, January 4, 1989, and 10,208
January 2, 1999, and successors, shall have the same 10,210
qualifications, exercise the same powers and jurisdiction, and 10,211
receive the same compensation as the other judges of the court of 10,212
common pleas of Lorain county and shall be elected and designated 10,213
as the judges of the court of common pleas, division of domestic 10,214
relations. They shall have all of the powers relating to 10,215
juvenile courts, and all cases under Chapter CHAPTERS 2151. AND 10,216
2152. of the Revised Code, all parentage proceedings over which 10,218
233
the juvenile court has jurisdiction, and all divorce, dissolution 10,219
of marriage, legal separation, and annulment cases shall be 10,220
assigned to them, except cases that for some special reason are 10,221
assigned to some other judge of the court of common pleas. 10,222
(D)(1) In Lucas county, the: 10,224
(1) THE judges of the court of common pleas whose terms 10,227
begin on January 1, 1955, and January 3, 1965, and successors, 10,228
shall have the same qualifications, exercise the same powers and 10,229
jurisdiction, and receive the same compensation as other judges 10,230
of the court of common pleas of Lucas county and shall be elected 10,231
and designated as judges of the court of common pleas, division 10,232
of domestic relations. All divorce, dissolution of marriage, 10,233
legal separation, and annulment cases shall be assigned to them. 10,234
The judge of the division of domestic relations, senior in 10,236
point of service, shall be considered as the presiding judge of 10,237
the court of common pleas, division of domestic relations, and 10,238
shall be charged exclusively with the assignment and division of 10,239
the work of the division and the employment and supervision of 10,240
all other personnel of the domestic relations division. 10,241
(2) The judges of the court of common pleas whose terms 10,243
begin on January 5, 1977, and January 2, 1991, and successors 10,244
shall have the same qualifications, exercise the same powers and 10,245
jurisdiction, and receive the same compensation as other judges 10,246
of the court of common pleas of Lucas county, shall be elected 10,247
and designated as judges of the court of common pleas, juvenile 10,248
division, and shall be the juvenile judges as provided in Chapter 10,249
CHAPTERS 2151. AND 2152. of the Revised Code with the powers and 10,251
jurisdictions conferred by that chapter THOSE CHAPTERS. In 10,252
addition to the judge's regular duties, the judge of the court of 10,255
common pleas, juvenile division, senior in point of service, 10,256
shall be the administrator of the juvenile division and its 10,257
subdivisions and departments and shall have charge of the 10,258
employment, assignment, and supervision of the personnel of the 10,259
division engaged in handling, servicing, or investigating 10,260
234
juvenile cases, including any referees considered necessary by 10,261
the judges of the division in the discharge of their various 10,262
duties.
The judge of the court of common pleas, juvenile division, 10,264
senior in point of service, also shall designate the title, 10,265
compensation, expense allowance, hours, leaves of absence, and 10,266
vacation of the personnel of the division and shall fix the 10,267
duties of the personnel of the division. The duties of the 10,268
personnel, in addition to other statutory duties include the 10,269
handling, servicing, and investigation of juvenile cases and 10,270
counseling and conciliation services that may be made available 10,271
to persons requesting them, whether or not the persons are 10,272
parties to an action pending in the division. 10,273
(3) If one of the judges of the court of common pleas, 10,275
division of domestic relations, or one of the judges of the 10,276
juvenile division is sick, absent, or unable to perform that 10,277
judge's judicial duties or the volume of cases pending in that 10,279
judge's division necessitates it, the duties shall be performed 10,280
by the judges of the other of those divisions. 10,282
(E)(1) In Mahoning county, the: 10,284
(1) THE judge of the court of common pleas whose term 10,287
began on January 1, 1955, and successors, shall have the same 10,288
qualifications, exercise the same powers and jurisdiction, and 10,289
receive the same compensation as other judges of the court of 10,290
common pleas of Mahoning county, shall be elected and designated 10,291
as judge of the court of common pleas, division of domestic 10,292
relations, and shall be assigned all the divorce, dissolution of 10,294
marriage, legal separation, and annulment cases coming before the 10,295
court. In addition to the judge's regular duties, the judge of 10,296
the court of common pleas, division of domestic relations, shall 10,297
be the administrator of the domestic relations division and its 10,298
subdivisions and departments and shall have charge of the 10,299
employment, assignment, and supervision of the personnel of the 10,300
division engaged in handling, servicing, or investigating 10,301
235
divorce, dissolution of marriage, legal separation, and annulment 10,302
cases, including any referees considered necessary in the 10,303
discharge of the various duties of the judge's office. 10,304
The judge also shall designate the title, compensation, 10,306
expense allowances, hours, leaves of absence, and vacations of 10,307
the personnel of the division and shall fix the duties of the 10,308
personnel of the division. The duties of the personnel, in 10,309
addition to other statutory duties, include the handling, 10,310
servicing, and investigation of divorce, dissolution of marriage, 10,311
legal separation, and annulment cases and counseling and 10,312
conciliation services that may be made available to persons 10,313
requesting them, whether or not the persons are parties to an 10,314
action pending in the division. 10,315
(2) The judge of the court of common pleas whose term 10,317
began on January 2, 1969, and successors, shall have the same 10,318
qualifications, exercise the same powers and jurisdiction, and 10,319
receive the same compensation as other judges of the court of 10,320
common pleas of Mahoning county, shall be elected and designated 10,321
as judge of the court of common pleas, juvenile division, and 10,322
shall be the juvenile judge as provided in Chapter CHAPTERS 2151. 10,324
AND 2152. of the Revised Code, with the powers and jurisdictions 10,325
conferred by that chapter THOSE CHAPTERS. In addition to the 10,326
judge's regular duties, the judge of the court of common pleas, 10,329
juvenile division, shall be the administrator of the juvenile 10,330
division and its subdivisions and departments and shall have 10,331
charge of the employment, assignment, and supervision of the 10,332
personnel of the division engaged in handling, servicing, or 10,333
investigating juvenile cases, including any referees considered 10,334
necessary by the judge in the discharge of the judge's various 10,335
duties.
The judge also shall designate the title, compensation, 10,337
expense allowances, hours, leaves of absence, and vacation of the 10,338
personnel of the division and shall fix the duties of the 10,339
personnel of the division. The duties of the personnel, in 10,340
236
addition to other statutory duties, include the handling, 10,341
servicing, and investigation of juvenile cases and counseling and 10,342
conciliation services that may be made available to persons 10,343
requesting them, whether or not the persons are parties to an 10,344
action pending in the division. 10,345
(3) If a judge of the court of common pleas, division of 10,347
domestic relations or juvenile division, is sick, absent, or 10,348
unable to perform that judge's judicial duties, or the volume of 10,350
cases pending in that judge's division necessitates it, that 10,352
judge's duties shall be performed by another judge of the court 10,353
of common pleas.
(F)(1) In Montgomery county, the: 10,355
(1) THE judges of the court of common pleas whose terms 10,358
begin on January 2, 1953, and January 4, 1977, and successors, 10,359
shall have the same qualifications, exercise the same powers and 10,360
jurisdiction, and receive the same compensation as other judges 10,361
of the court of common pleas of Montgomery county and shall be 10,362
elected and designated as judges of the court of common pleas, 10,363
division of domestic relations. These judges shall have assigned 10,364
to them all divorce, dissolution of marriage, legal separation, 10,365
and annulment cases.
The judge of the division of domestic relations, senior in 10,367
point of service, shall be charged exclusively with the 10,368
assignment and division of the work of the division and shall 10,369
have charge of the employment and supervision of the personnel of 10,370
the division engaged in handling, servicing, or investigating 10,371
divorce, dissolution of marriage, legal separation, and annulment 10,372
cases, including any necessary referees, except those employees 10,373
who may be appointed by the judge, junior in point of service, 10,374
under this section and sections 2301.12, 2301.18, and 2301.19 of 10,375
the Revised Code. The judge of the division of domestic 10,376
relations, senior in point of service, also shall designate the 10,377
title, compensation, expense allowances, hours, leaves of 10,378
absence, and vacation of the personnel of the division and shall 10,379
237
fix their duties. 10,380
(2) The judges of the court of common pleas whose terms 10,382
begin on January 1, 1953, and January 1, 1993, and successors, 10,383
shall have the same qualifications, exercise the same powers and 10,384
jurisdiction, and receive the same compensation as other judges 10,385
of the court of common pleas of Montgomery county, shall be 10,386
elected and designated as judges of the court of common pleas, 10,387
juvenile division, and shall be, and have the powers and 10,388
jurisdiction of, the juvenile judge as provided in Chapter 10,390
CHAPTERS 2151. AND 2152. of the Revised Code.
In addition to the judge's regular duties, the judge of the 10,392
court of common pleas, juvenile division, senior in point of 10,394
service, shall be the administrator of the juvenile division and 10,395
its subdivisions and departments and shall have charge of the 10,396
employment, assignment, and supervision of the personnel of the 10,397
juvenile division, including any necessary referees, who are 10,398
engaged in handling, servicing, or investigating juvenile cases. 10,399
The judge, senior in point of service, also shall designate the 10,400
title, compensation, expense allowances, hours, leaves of 10,401
absence, and vacation of the personnel of the division and shall 10,402
fix their duties. The duties of the personnel, in addition to 10,403
other statutory duties, shall include the handling, servicing, 10,404
and investigation of juvenile cases and of any counseling and 10,405
conciliation services that are available upon request to persons, 10,406
whether or not they are parties to an action pending in the 10,407
division. 10,408
If one of the judges of the court of common pleas, division 10,410
of domestic relations, or one of the judges of the court of 10,411
common pleas, juvenile division, is sick, absent, or unable to 10,412
perform that judge's duties or the volume of cases pending in 10,414
that judge's division necessitates it, the duties of that judge 10,416
may be performed by the judge or judges of the other of those 10,417
divisions.
(G) In Richland county, the judge of the court of common 10,419
238
pleas whose term begins on January 1, 1957, and successors, shall 10,420
have the same qualifications, exercise the same powers and 10,421
jurisdiction, and receive the same compensation as the other 10,422
judges of the court of common pleas of Richland county and shall 10,423
be elected and designated as judge of the court of common pleas, 10,424
division of domestic relations. That judge shall have all of the 10,426
powers relating to juvenile courts, and all cases under Chapter 10,428
CHAPTERS 2151. AND 2152. of the Revised Code, all parentage 10,429
proceedings over which the juvenile court has jurisdiction, and 10,430
all divorce, dissolution of marriage, legal separation, and 10,431
annulment cases shall be assigned to that judge, except in cases 10,432
that for some special reason are assigned to some other judge of 10,434
the court of common pleas.
(H) In Stark county, the judges of the court of common 10,436
pleas whose terms begin on January 1, 1953, January 2, 1959, and 10,437
January 1, 1993, and successors, shall have the same 10,438
qualifications, exercise the same powers and jurisdiction, and 10,439
receive the same compensation as other judges of the court of 10,440
common pleas of Stark county and shall be elected and designated 10,441
as judges of the court of common pleas, division of domestic 10,442
relations. They shall have all the powers relating to juvenile 10,443
courts, and all cases under Chapter CHAPTERS 2151. AND 2152. of 10,445
the Revised Code, all parentage proceedings over which the 10,446
juvenile court has jurisdiction, and all divorce, dissolution of 10,447
marriage, legal separation, and annulment cases, except cases 10,448
that are assigned to some other judge of the court of common 10,449
pleas for some special reason, shall be assigned to the judges. 10,450
The judge of the division of domestic relations, second 10,452
most senior in point of service, shall have charge of the 10,453
employment and supervision of the personnel of the division 10,454
engaged in handling, servicing, or investigating divorce, 10,455
dissolution of marriage, legal separation, and annulment cases, 10,456
and necessary referees required for the judge's respective court. 10,458
The judge of the division of domestic relations, senior in 10,460
239
point of service, shall be charged exclusively with the 10,461
administration of sections 2151.13, 2151.16, 2151.17, and 2151.18 10,462
2152.71 of the Revised Code and with the assignment and division 10,464
of the work of the division and the employment and supervision of 10,465
all other personnel of the division, including, but not limited 10,466
to, that judge's necessary referees, but excepting those 10,467
employees who may be appointed by the judge second most senior in 10,469
point of service. The senior judge further shall serve in every 10,470
other position in which the statutes permit or require a juvenile 10,472
judge to serve.
(I) In Summit county: 10,474
(1) The judges of the court of common pleas whose terms 10,476
begin on January 4, 1967, and January 6, 1993, and successors, 10,477
shall have the same qualifications, exercise the same powers and 10,478
jurisdiction, and receive the same compensation as other judges 10,479
of the court of common pleas of Summit county and shall be 10,480
elected and designated as judges of the court of common pleas, 10,481
division of domestic relations. The judges of the division of 10,482
domestic relations shall have assigned to them and hear all 10,483
divorce, dissolution of marriage, legal separation, and annulment 10,484
cases that come before the court. Except in cases that are 10,486
subject to the exclusive original jurisdiction of the juvenile 10,487
court, the judges of the division of domestic relations shall 10,488
have assigned to them and hear all cases pertaining to paternity, 10,489
custody, visitation, child support, or the allocation of parental 10,490
rights and responsibilities for the care of children and all 10,491
post-decree proceedings arising from any case pertaining to any 10,492
of those matters. The judges of the division of domestic 10,493
relations shall have assigned to them and hear all proceedings 10,494
under the uniform interstate family support act contained in 10,495
Chapter 3115. of the Revised Code.
The judge of the division of domestic relations, senior in 10,497
point of service, shall be the administrator of the domestic 10,498
relations division and its subdivisions and departments and shall 10,499
240
have charge of the employment, assignment, and supervision of the 10,500
personnel of the division, including any necessary referees, who 10,501
are engaged in handling, servicing, or investigating divorce, 10,502
dissolution of marriage, legal separation, and annulment cases. 10,503
That judge also shall designate the title, compensation, expense 10,504
allowances, hours, leaves of absence, and vacations of the 10,505
personnel of the division and shall fix their duties. The duties 10,506
of the personnel, in addition to other statutory duties, shall 10,507
include the handling, servicing, and investigation of divorce, 10,508
dissolution of marriage, legal separation, and annulment cases 10,509
and of any counseling and conciliation services that are 10,510
available upon request to all persons, whether or not they are 10,511
parties to an action pending in the division. 10,512
(2) The judge of the court of common pleas whose term 10,514
begins on January 1, 1955, and successors, shall have the same 10,515
qualifications, exercise the same powers and jurisdiction, and 10,516
receive the same compensation as other judges of the court of 10,517
common pleas of Summit county, shall be elected and designated as 10,518
judge of the court of common pleas, juvenile division, and shall 10,519
be, and have the powers and jurisdiction of, the juvenile judge 10,520
as provided in Chapter CHAPTERS 2151. AND 2152. of the Revised 10,522
Code. Except in cases that are subject to the exclusive original 10,523
jurisdiction of the juvenile court, the judge of the juvenile 10,524
division shall not have jurisdiction or the power to hear, and 10,525
shall not be assigned, any case pertaining to paternity, custody, 10,526
visitation, child support, or the allocation of parental rights 10,527
and responsibilities for the care of children or any post-decree 10,528
proceeding arising from any case pertaining to any of those 10,529
matters. The judge of the juvenile division shall not have 10,530
jurisdiction or the power to hear, and shall not be assigned, any 10,531
proceeding under the uniform interstate family support act 10,532
contained in Chapter 3115. of the Revised Code.
The juvenile judge shall be the administrator of the 10,534
juvenile division and its subdivisions and departments and shall 10,535
241
have charge of the employment, assignment, and supervision of the 10,536
personnel of the juvenile division, including any necessary 10,537
referees, who are engaged in handling, servicing, or 10,538
investigating juvenile cases. The judge also shall designate the 10,539
title, compensation, expense allowances, hours, leaves of 10,540
absence, and vacation of the personnel of the division and shall 10,541
fix their duties. The duties of the personnel, in addition to 10,542
other statutory duties, shall include the handling, servicing, 10,543
and investigation of juvenile cases and of any counseling and 10,544
conciliation services that are available upon request to persons, 10,545
whether or not they are parties to an action pending in the 10,546
division. 10,547
(J) In Trumbull county, the judges of the court of common 10,549
pleas whose terms begin on January 1, 1953, and January 2, 1977, 10,550
and successors, shall have the same qualifications, exercise the 10,551
same powers and jurisdiction, and receive the same compensation 10,552
as other judges of the court of common pleas of Trumbull county 10,553
and shall be elected and designated as judges of the court of 10,554
common pleas, division of domestic relations. They shall have 10,555
all the powers relating to juvenile courts, and all cases under 10,556
Chapter CHAPTERS 2151. AND 2152. of the Revised Code, all 10,558
parentage proceedings over which the juvenile court has 10,559
jurisdiction, and all divorce, dissolution of marriage, legal 10,560
separation, and annulment cases shall be assigned to them, except 10,561
cases that for some special reason are assigned to some other 10,562
judge of the court of common pleas. 10,563
(K) In Butler county: 10,565
(1) The judges of the court of common pleas whose terms 10,567
begin on January 1, 1957, and January 4, 1993, and successors, 10,568
shall have the same qualifications, exercise the same powers and 10,569
jurisdiction, and receive the same compensation as other judges 10,570
of the court of common pleas of Butler county and shall be 10,571
elected and designated as judges of the court of common pleas, 10,572
division of domestic relations. The judges of the division of 10,573
242
domestic relations shall have assigned to them all divorce, 10,574
dissolution of marriage, legal separation, and annulment cases 10,575
coming before the court, except in cases that for some special 10,576
reason are assigned to some other judge of the court of common 10,577
pleas. The judge senior in point of service shall be charged 10,578
with the assignment and division of the work of the division and 10,579
with the employment and supervision of all other personnel of the 10,580
domestic relations division. 10,581
The judge senior in point of service also shall designate 10,583
the title, compensation, expense allowances, hours, leaves of 10,584
absence, and vacations of the personnel of the division and shall 10,585
fix their duties. The duties of the personnel, in addition to 10,586
other statutory duties, shall include the handling, servicing, 10,587
and investigation of divorce, dissolution of marriage, legal 10,588
separation, and annulment cases and providing any counseling and 10,589
conciliation services that the division makes available to 10,590
persons, whether or not the persons are parties to an action 10,591
pending in the division, who request the services. 10,592
(2) The judge of the court of common pleas whose term 10,594
begins on January 3, 1987, and successors, shall have the same 10,595
qualifications, exercise the same powers and jurisdiction, and 10,596
receive the same compensation as other judges of the court of 10,597
common pleas of Butler county, shall be elected and designated as 10,598
judge of the court of common pleas, juvenile division, and shall 10,599
be the juvenile judge as provided in Chapter CHAPTERS 2151. AND 10,601
2152. of the Revised Code, with the powers and jurisdictions 10,602
conferred by that chapter THOSE CHAPTERS. The judge of the court 10,603
of common pleas, juvenile division, shall be the administrator of 10,605
the juvenile division and its subdivisions and departments. The 10,606
judge shall have charge of the employment, assignment, and 10,607
supervision of the personnel of the juvenile division who are 10,608
engaged in handling, servicing, or investigating juvenile cases, 10,609
including any referees whom the judge considers necessary for the 10,610
discharge of the judge's various duties. 10,611
243
The judge also shall designate the title, compensation, 10,613
expense allowances, hours, leaves of absence, and vacation of the 10,614
personnel of the division and shall fix their duties. The duties 10,615
of the personnel, in addition to other statutory duties, include 10,616
the handling, servicing, and investigation of juvenile cases and 10,617
providing any counseling and conciliation services that the 10,618
division makes available to persons, whether or not the persons 10,619
are parties to an action pending in the division, who request the 10,620
services. 10,621
(3) If a judge of the court of common pleas, division of 10,623
domestic relations or juvenile division, is sick, absent, or 10,624
unable to perform that judge's judicial duties or the volume of 10,626
cases pending in the judge's division necessitates it, the duties 10,628
of that judge shall be performed by the other judges of the 10,629
domestic relations and juvenile divisions. 10,630
(L)(1) In Cuyahoga county, the judges of the court of 10,632
common pleas whose terms begin on January 8, 1961, January 9, 10,633
1961, January 18, 1975, January 19, 1975, and January 13, 1987, 10,634
and successors, shall have the same qualifications, exercise the 10,635
same powers and jurisdiction, and receive the same compensation 10,636
as other judges of the court of common pleas of Cuyahoga county 10,637
and shall be elected and designated as judges of the court of 10,638
common pleas, division of domestic relations. They shall have 10,639
all the powers relating to all divorce, dissolution of marriage, 10,640
legal separation, and annulment cases, except in cases that are 10,641
assigned to some other judge of the court of common pleas for 10,642
some special reason. 10,643
(2) The administrative judge is administrator of the 10,645
domestic relations division and its subdivisions and departments 10,646
and has the following powers concerning division personnel: 10,647
(a) Full charge of the employment, assignment, and 10,649
supervision; 10,650
(b) Sole determination of compensation, duties, expenses, 10,652
allowances, hours, leaves, and vacations. 10,653
244
(3) "Division personnel" include persons employed or 10,655
referees engaged in hearing, servicing, investigating, 10,656
counseling, or conciliating divorce, dissolution of marriage, 10,657
legal separation and annulment matters. 10,658
(M) In Lake county: 10,660
(1) The judge of the court of common pleas whose term 10,662
begins on January 2, 1961, and successors, shall have the same 10,663
qualifications, exercise the same powers and jurisdiction, and 10,664
receive the same compensation as the other judges of the court of 10,665
common pleas of Lake county and shall be elected and designated 10,666
as judge of the court of common pleas, division of domestic 10,667
relations. The judge shall be assigned all the divorce, 10,669
dissolution of marriage, legal separation, and annulment cases 10,670
coming before the court, except in cases that for some special 10,671
reason are assigned to some other judge of the court of common 10,672
pleas. The judge shall be charged with the assignment and 10,673
division of the work of the division and with the employment and 10,674
supervision of all other personnel of the domestic relations 10,675
division. 10,676
The judge also shall designate the title, compensation, 10,678
expense allowances, hours, leaves of absence, and vacations of 10,679
the personnel of the division and shall fix their duties. The 10,680
duties of the personnel, in addition to other statutory duties, 10,681
shall include the handling, servicing, and investigation of 10,682
divorce, dissolution of marriage, legal separation, and annulment 10,683
cases and providing any counseling and conciliation services that 10,684
the division makes available to persons, whether or not the 10,685
persons are parties to an action pending in the division, who 10,686
request the services. 10,687
(2) The judge of the court of common pleas whose term 10,689
begins on January 4, 1979, and successors, shall have the same 10,690
qualifications, exercise the same powers and jurisdiction, and 10,691
receive the same compensation as other judges of the court of 10,692
common pleas of Lake county, shall be elected and designated as 10,693
245
judge of the court of common pleas, juvenile division, and shall 10,694
be the juvenile judge as provided in Chapter CHAPTERS 2151. AND 10,696
2152. of the Revised Code, with the powers and jurisdictions 10,697
conferred by that chapter THOSE CHAPTERS. The judge of the court 10,698
of common pleas, juvenile division, shall be the administrator of 10,700
the juvenile division and its subdivisions and departments. The 10,701
judge shall have charge of the employment, assignment, and 10,702
supervision of the personnel of the juvenile division who are 10,703
engaged in handling, servicing, or investigating juvenile cases, 10,704
including any referees whom the judge considers necessary for the 10,705
discharge of the judge's various duties. 10,706
The judge also shall designate the title, compensation, 10,708
expense allowances, hours, leaves of absence, and vacation of the 10,709
personnel of the division and shall fix their duties. The duties 10,710
of the personnel, in addition to other statutory duties, include 10,711
the handling, servicing, and investigation of juvenile cases and 10,712
providing any counseling and conciliation services that the 10,713
division makes available to persons, whether or not the persons 10,714
are parties to an action pending in the division, who request the 10,715
services. 10,716
(3) If a judge of the court of common pleas, division of 10,718
domestic relations or juvenile division, is sick, absent, or 10,719
unable to perform that judge's judicial duties or the volume of 10,721
cases pending in the judge's division necessitates it, the duties 10,723
of that judge shall be performed by the other judges of the 10,724
domestic relations and juvenile divisions. 10,725
(N) In Erie county, the judge of the court of common pleas 10,727
whose term begins on January 2, 1971, and successors, shall have 10,728
the same qualifications, exercise the same powers and 10,729
jurisdiction, and receive the same compensation as the other 10,730
judge of the court of common pleas of Erie county and shall be 10,731
elected and designated as judge of the court of common pleas, 10,732
division of domestic relations. The judge shall have all the 10,733
powers relating to juvenile courts, and shall be assigned all 10,734
246
cases under Chapter CHAPTERS 2151. AND 2152. of the Revised Code, 10,737
parentage proceedings over which the juvenile court has 10,739
jurisdiction, and divorce, dissolution of marriage, legal 10,740
separation, and annulment cases, except cases that for some
special reason are assigned to some other judge. 10,742
(O) In Greene county: 10,744
(1) The judge of the court of common pleas whose term 10,746
begins on January 1, 1961, and successors, shall have the same 10,747
qualifications, exercise the same powers and jurisdiction, and 10,748
receive the same compensation as the other judges of the court of 10,749
common pleas of Greene county and shall be elected and designated 10,750
as the judge of the court of common pleas, division of domestic 10,751
relations. The judge shall be assigned all divorce, dissolution 10,753
of marriage, legal separation, annulment, uniform reciprocal 10,754
support enforcement, and domestic violence cases and all other 10,755
cases related to domestic relations, except cases that for some 10,756
special reason are assigned to some other judge of the court of 10,757
common pleas.
The judge shall be charged with the assignment and division 10,759
of the work of the division and with the employment and 10,760
supervision of all other personnel of the division. The judge 10,762
also shall designate the title, compensation, hours, leaves of 10,764
absence, and vacations of the personnel of the division and shall 10,765
fix their duties. The duties of the personnel of the division, 10,766
in addition to other statutory duties, shall include the 10,767
handling, servicing, and investigation of divorce, dissolution of 10,768
marriage, legal separation, and annulment cases and the provision 10,769
of counseling and conciliation services that the division 10,770
considers necessary and makes available to persons who request 10,771
the services, whether or not the persons are parties in an action 10,772
pending in the division. The compensation for the personnel 10,773
shall be paid from the overall court budget and shall be included 10,774
in the appropriations for the existing judges of the general 10,775
division of the court of common pleas.
247
(2) The judge of the court of common pleas whose term 10,777
begins on January 1, 1995, and successors, shall have the same 10,778
qualifications, exercise the same powers and jurisdiction, and 10,779
receive the same compensation as the other judges of the court of 10,780
common pleas of Greene county, shall be elected and designated as 10,781
judge of the court of common pleas, juvenile division, and, on or 10,782
after January 1, 1995, shall be the juvenile judge as provided in 10,783
Chapter CHAPTERS 2151. AND 2152. of the Revised Code with the 10,785
powers and jurisdiction conferred by that chapter THOSE CHAPTERS. 10,786
The judge of the court of common pleas, juvenile division, shall 10,788
be the administrator of the juvenile division and its 10,789
subdivisions and departments. The judge shall have charge of the 10,790
employment, assignment, and supervision of the personnel of the 10,791
juvenile division who are engaged in handling, servicing, or 10,792
investigating juvenile cases, including any referees whom the 10,793
judge considers necessary for the discharge of the judge's 10,794
various duties.
The judge also shall designate the title, compensation, 10,796
expense allowances, hours, leaves of absence, and vacation of the 10,797
personnel of the division and shall fix their duties. The duties 10,798
of the personnel, in addition to other statutory duties, include 10,799
the handling, servicing, and investigation of juvenile cases and 10,800
providing any counseling and conciliation services that the court 10,801
makes available to persons, whether or not the persons are 10,802
parties to an action pending in the court, who request the 10,803
services. 10,804
(3) If one of the judges of the court of common pleas, 10,806
general division, is sick, absent, or unable to perform that 10,807
judge's judicial duties or the volume of cases pending in the 10,808
general division necessitates it, the duties of that judge of the 10,810
general division shall be performed by the judge of the division 10,811
of domestic relations and the judge of the juvenile division. 10,812
(P) In Portage county, the judge of the court of common 10,814
pleas, whose term begins January 2, 1987, and successors, shall 10,815
248
have the same qualifications, exercise the same powers and 10,816
jurisdiction, and receive the same compensation as the other 10,817
judges of the court of common pleas of Portage county and shall 10,818
be elected and designated as judge of the court of common pleas, 10,819
division of domestic relations. The judge shall be assigned all 10,821
divorce, dissolution of marriage, legal separation, and annulment 10,823
cases coming before the court, except in cases that for some 10,824
special reason are assigned to some other judge of the court of 10,825
common pleas. The judge shall be charged with the assignment and 10,826
division of the work of the division and with the employment and 10,827
supervision of all other personnel of the domestic relations 10,828
division.
The judge also shall designate the title, compensation, 10,830
expense allowances, hours, leaves of absence, and vacations of 10,831
the personnel of the division and shall fix their duties. The 10,832
duties of the personnel, in addition to other statutory duties, 10,833
shall include the handling, servicing, and investigation of 10,834
divorce, dissolution of marriage, legal separation, and annulment 10,835
cases and providing any counseling and conciliation services that 10,836
the division makes available to persons, whether or not the 10,837
persons are parties to an action pending in the division, who 10,838
request the services. 10,839
(Q) In Clermont county, the judge of the court of common 10,841
pleas, whose term begins January 2, 1987, and successors, shall 10,842
have the same qualifications, exercise the same powers and 10,843
jurisdiction, and receive the same compensation as the other 10,844
judges of the court of common pleas of Clermont county and shall 10,845
be elected and designated as judge of the court of common pleas, 10,846
division of domestic relations. The judge shall be assigned all 10,848
divorce, dissolution of marriage, legal separation, and annulment 10,850
cases coming before the court, except in cases that for some 10,851
special reason are assigned to some other judge of the court of 10,852
common pleas. The judge shall be charged with the assignment and 10,853
division of the work of the division and with the employment and 10,854
249
supervision of all other personnel of the domestic relations 10,855
division.
The judge also shall designate the title, compensation, 10,857
expense allowances, hours, leaves of absence, and vacations of 10,858
the personnel of the division and shall fix their duties. The 10,859
duties of the personnel, in addition to other statutory duties, 10,860
shall include the handling, servicing, and investigation of 10,861
divorce, dissolution of marriage, legal separation, and annulment 10,862
cases and providing any counseling and conciliation services that 10,863
the division makes available to persons, whether or not the 10,864
persons are parties to an action pending in the division, who 10,865
request the services. 10,866
(R) In Warren county, the judge of the court of common 10,868
pleas, whose term begins January 1, 1987, and successors, shall 10,869
have the same qualifications, exercise the same powers and 10,870
jurisdiction, and receive the same compensation as the other 10,871
judges of the court of common pleas of Warren county and shall be 10,872
elected and designated as judge of the court of common pleas, 10,873
division of domestic relations. The judge shall be assigned all 10,875
divorce, dissolution of marriage, legal separation, and annulment 10,877
cases coming before the court, except in cases that for some 10,878
special reason are assigned to some other judge of the court of 10,879
common pleas. The judge shall be charged with the assignment and 10,880
division of the work of the division and with the employment and 10,881
supervision of all other personnel of the domestic relations 10,882
division.
The judge also shall designate the title, compensation, 10,884
expense allowances, hours, leaves of absence, and vacations of 10,885
the personnel of the division and shall fix their duties. The 10,886
duties of the personnel, in addition to other statutory duties, 10,887
shall include the handling, servicing, and investigation of 10,888
divorce, dissolution of marriage, legal separation, and annulment 10,889
cases and providing any counseling and conciliation services that 10,890
the division makes available to persons, whether or not the 10,891
250
persons are parties to an action pending in the division, who 10,892
request the services. 10,893
(S) In Licking county, the judge of the court of common 10,895
pleas, whose term begins January 1, 1991, and successors, shall 10,896
have the same qualifications, exercise the same powers and 10,897
jurisdiction, and receive the same compensation as the other 10,898
judges of the court of common pleas of Licking county and shall 10,899
be elected and designated as judge of the court of common pleas, 10,900
division of domestic relations. The judge shall be assigned all 10,902
divorce, dissolution of marriage, legal separation, and annulment 10,904
cases, all cases arising under Chapter 3111. of the Revised Code, 10,905
all proceedings involving child support, the allocation of 10,906
parental rights and responsibilities for the care of children and 10,907
the designation for the children of a place of residence and 10,908
legal custodian, and visitation, and all post-decree proceedings 10,909
and matters arising from those cases and proceedings, except in 10,910
cases that for some special reason are assigned to another judge 10,911
of the court of common pleas. The judge shall be charged with 10,912
the assignment and division of the work of the division and with 10,913
the employment and supervision of the personnel of the division. 10,914
The judge shall designate the title, compensation, expense 10,916
allowances, hours, leaves of absence, and vacations of the 10,917
personnel of the division and shall fix the duties of the 10,918
personnel of the division. The duties of the personnel of the 10,919
division, in addition to other statutory duties, shall include 10,920
the handling, servicing, and investigation of divorce, 10,921
dissolution of marriage, legal separation, and annulment cases, 10,922
cases arising under Chapter 3111. of the Revised Code, and 10,923
proceedings involving child support, the allocation of parental 10,924
rights and responsibilities for the care of children and the 10,925
designation for the children of a place of residence and legal 10,926
custodian, and visitation and providing any counseling and 10,927
conciliation services that the division makes available to 10,928
persons, whether or not the persons are parties to an action 10,929
251
pending in the division, who request the services. 10,930
(T) In Allen county, the judge of the court of common 10,932
pleas, whose term begins January 1, 1993, and successors, shall 10,933
have the same qualifications, exercise the same powers and 10,934
jurisdiction, and receive the same compensation as the other 10,935
judges of the court of common pleas of Allen county and shall be 10,936
elected and designated as judge of the court of common pleas, 10,937
division of domestic relations. The judge shall be assigned all 10,939
divorce, dissolution of marriage, legal separation, and annulment 10,941
cases, all cases arising under Chapter 3111. of the Revised Code, 10,942
all proceedings involving child support, the allocation of 10,943
parental rights and responsibilities for the care of children and 10,944
the designation for the children of a place of residence and 10,945
legal custodian, and visitation, and all post-decree proceedings 10,946
and matters arising from those cases and proceedings, except in 10,947
cases that for some special reason are assigned to another judge 10,948
of the court of common pleas. The judge shall be charged with 10,949
the assignment and division of the work of the division and with 10,950
the employment and supervision of the personnel of the division. 10,951
The judge shall designate the title, compensation, expense 10,953
allowances, hours, leaves of absence, and vacations of the 10,954
personnel of the division and shall fix the duties of the 10,955
personnel of the division. The duties of the personnel of the 10,956
division, in addition to other statutory duties, shall include 10,957
the handling, servicing, and investigation of divorce, 10,958
dissolution of marriage, legal separation, and annulment cases, 10,959
cases arising under Chapter 3111. of the Revised Code, and 10,960
proceedings involving child support, the allocation of parental 10,961
rights and responsibilities for the care of children and the 10,962
designation for the children of a place of residence and legal 10,963
custodian, and visitation, and providing any counseling and 10,964
conciliation services that the division makes available to 10,965
persons, whether or not the persons are parties to an action 10,966
pending in the division, who request the services. 10,967
252
(U) In Medina county, the judge of the court of common 10,969
pleas whose term begins January 1, 1995, and successors, shall 10,970
have the same qualifications, exercise the same powers and 10,971
jurisdiction, and receive the same compensation as other judges 10,972
of the court of common pleas of Medina county and shall be 10,973
elected and designated as judge of the court of common pleas, 10,974
division of domestic relations. The judge shall be assigned all 10,976
divorce, dissolution of marriage, legal separation, and annulment 10,978
cases, all cases arising under Chapter 3111. of the Revised Code, 10,979
all proceedings involving child support, the allocation of 10,980
parental rights and responsibilities for the care of children and 10,981
the designation for the children of a place of residence and 10,982
legal custodian, and visitation, and all post-decree proceedings 10,983
and matters arising from those cases and proceedings, except in 10,984
cases that for some special reason are assigned to another judge 10,985
of the court of common pleas. The judge shall be charged with 10,986
the assignment and division of the work of the division and with 10,987
the employment and supervision of the personnel of the division. 10,988
The judge shall designate the title, compensation, expense 10,990
allowances, hours, leaves of absence, and vacations of the 10,991
personnel of the division and shall fix the duties of the 10,992
personnel of the division. The duties of the personnel, in 10,993
addition to other statutory duties, include the handling, 10,994
servicing, and investigation of divorce, dissolution of marriage, 10,995
legal separation, and annulment cases, cases arising under 10,996
Chapter 3111. of the Revised Code, and proceedings involving 10,997
child support, the allocation of parental rights and 10,998
responsibilities for the care of children and the designation for 10,999
the children of a place of residence and legal custodian, and 11,000
visitation, and providing counseling and conciliation services 11,001
that the division makes available to persons, whether or not the 11,002
persons are parties to an action pending in the division, who 11,003
request the services. 11,004
(V) In Fairfield county, the judge of the court of common 11,006
253
pleas whose term begins January 2, 1995, and successors, shall 11,007
have the same qualifications, exercise the same powers and 11,008
jurisdiction, and receive the same compensation as the other 11,009
judges of the court of common pleas of Fairfield county and shall 11,010
be elected and designated as judge of the court of common pleas, 11,011
division of domestic relations. The judge shall be assigned all 11,013
divorce, dissolution of marriage, legal separation, and annulment 11,015
cases, all cases arising under Chapter 3111. of the Revised Code, 11,016
all proceedings involving child support, the allocation of 11,017
parental rights and responsibilities for the care of children and 11,018
the designation for the children of a place of residence and 11,019
legal custodian, and visitation, and all post-decree proceedings 11,020
and matters arising from those cases and proceedings, except in 11,021
cases that for some special reason are assigned to another judge 11,022
of the court of common pleas. The judge also has concurrent 11,023
jurisdiction with the probate-juvenile division of the court of
common pleas of Fairfield county with respect to and may hear 11,024
cases to determine the custody of a child, as defined in section 11,025
2151.011 of the Revised Code, who is not the ward of another 11,026
court of this state, cases that are commenced by a parent, 11,027
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 11,028
child to pay child support for that child when the request for 11,029
that order is not ancillary to an action for divorce, dissolution 11,030
of marriage, annulment, or legal separation, a criminal or civil 11,031
action involving an allegation of domestic violence, an action 11,032
for support under Chapter 3115. of the Revised Code, or an action
that is within the exclusive original jurisdiction of the 11,033
probate-juvenile division of the court of common pleas of 11,034
Fairfield county and that involves an allegation that the child 11,035
is an abused, neglected, or dependent child, and post-decree 11,036
proceedings and matters arising from those types of cases.
The judge of the domestic relations division shall be 11,038
charged with the assignment and division of the work of the 11,041
254
division and with the employment and supervision of the personnel 11,042
of the division.
The judge shall designate the title, compensation, expense 11,044
allowances, hours, leaves of absence, and vacations of the 11,045
personnel of the division and shall fix the duties of the 11,046
personnel of the division. The duties of the personnel of the 11,047
division, in addition to other statutory duties, shall include 11,048
the handling, servicing, and investigation of divorce, 11,049
dissolution of marriage, legal separation, and annulment cases, 11,050
cases arising under Chapter 3111. of the Revised Code, and 11,051
proceedings involving child support, the allocation of parental 11,052
rights and responsibilities for the care of children and the 11,053
designation for the children of a place of residence and legal 11,054
custodian, and visitation, and providing any counseling and 11,055
conciliation services that the division makes available to 11,056
persons, regardless of whether the persons are parties to an 11,057
action pending in the division, who request the services. When 11,059
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 11,060
ward of another court of this state or a case that is commenced 11,061
by a parent, guardian, or custodian of a child, as defined in 11,062
section 2151.011 of the Revised Code, to obtain an order 11,063
requiring a parent of the child to pay child support for that
child when the request for that order is not ancillary to an 11,064
action for divorce, dissolution of marriage, annulment, or legal 11,065
separation, a criminal or civil action involving an allegation of 11,066
domestic violence, an action for support under Chapter 3115. of 11,067
the Revised Code, or an action that is within the exclusive 11,068
original jurisdiction of the probate-juvenile division of the
court of common pleas of Fairfield county and that involves an 11,070
allegation that the child is an abused, neglected, or dependent 11,071
child, the duties of the personnel of the domestic relations 11,072
division also include the handling, servicing, and investigation 11,073
of those types of cases.
255
(W)(1) In Clark county, the judge of the court of common 11,075
pleas whose term begins on January 2, 1995, and successors, shall 11,076
have the same qualifications, exercise the same powers and 11,077
jurisdiction, and receive the same compensation as other judges 11,078
of the court of common pleas of Clark county and shall be elected 11,079
and designated as judge of the court of common pleas, domestic 11,080
relations division. The judge shall have all the powers relating 11,082
to juvenile courts, and all cases under Chapter CHAPTERS 2151. 11,083
AND 2152. of the Revised Code and all parentage proceedings under 11,084
Chapter 3111. of the Revised Code over which the juvenile court 11,085
has jurisdiction shall be assigned to the judge of the division 11,086
of domestic relations. All divorce, dissolution of marriage, 11,087
legal separation, annulment, uniform reciprocal support 11,088
enforcement, and other cases related to domestic relations shall 11,089
be assigned to the domestic relations division, and the presiding 11,090
judge of the court of common pleas shall assign the cases to the 11,091
judge of the domestic relations division and the judges of the 11,092
general division. 11,093
(2) In addition to the judge's regular duties, the judge 11,095
of the division of domestic relations shall serve on the children 11,097
services board and the county advisory board. 11,098
(3) If the judge of the court of common pleas of Clark 11,100
county, division of domestic relations, is sick, absent, or 11,101
unable to perform that judge's judicial duties or if the 11,102
presiding judge of the court of common pleas of Clark county 11,105
determines that the volume of cases pending in the division of 11,106
domestic relations necessitates it, the duties of the judge of 11,107
the division of domestic relations shall be performed by the 11,108
judges of the general division or probate division of the court 11,109
of common pleas of Clark county, as assigned for that purpose by 11,110
the presiding judge of that court, and the judges so assigned 11,111
shall act in conjunction with the judge of the division of 11,112
domestic relations of that court. 11,113
(X) In Scioto county, the judge of the court of common 11,115
256
pleas whose term begins January 2, 1995, and successors, shall 11,117
have the same qualifications, exercise the same powers and 11,118
jurisdiction, and receive the same compensation as other judges 11,119
of the court of common pleas of Scioto county and shall be 11,120
elected and designated as judge of the court of common pleas, 11,121
division of domestic relations. The judge shall be assigned all 11,123
divorce, dissolution of marriage, legal separation, and annulment 11,125
cases, all cases arising under Chapter 3111. of the Revised Code, 11,126
all proceedings involving child support, the allocation of 11,127
parental rights and responsibilities for the care of children and 11,128
the designation for the children of a place of residence and 11,129
legal custodian, visitation, and all post-decree proceedings and 11,130
matters arising from those cases and proceedings, except in cases 11,131
that for some special reason are assigned to another judge of the 11,132
court of common pleas. The judge shall be charged with the 11,133
assignment and division of the work of the division and with the 11,134
employment and supervision of the personnel of the division. 11,135
The judge shall designate the title, compensation, expense 11,137
allowances, hours, leaves of absence, and vacations of the 11,138
personnel of the division and shall fix the duties of the 11,139
personnel of the division. The duties of the personnel, in 11,140
addition to other statutory duties, include the handling, 11,141
servicing, and investigation of divorce, dissolution of marriage, 11,142
legal separation, and annulment cases, cases arising under 11,143
Chapter 3111. of the Revised Code, and proceedings involving 11,144
child support, the allocation of parental rights and 11,145
responsibilities for the care of children and the designation for 11,146
the children of a place of residence and legal custodian, and 11,147
visitation, and providing counseling and conciliation services 11,148
that the division makes available to persons, whether or not the 11,149
persons are parties to an action pending in the division, who 11,150
request the services. 11,151
(Y) In Auglaize county, the judge of the probate and 11,153
juvenile divisions of the Auglaize county court of common pleas 11,154
257
also shall be the administrative judge of the domestic relations 11,155
division of the court and shall be assigned all divorce, 11,157
dissolution of marriage, legal separation, and annulment cases 11,158
coming before the court. The judge shall have all powers as 11,159
administrator of the domestic relations division and shall have 11,160
charge of the personnel engaged in handling, servicing, or 11,161
investigating divorce, dissolution of marriage, legal separation, 11,162
and annulment cases, including any referees considered necessary 11,163
for the discharge of the judge's various duties. 11,164
(Z)(1) In Marion county, the judge of the court of common 11,167
pleas whose term begins on February 9, 1999, and the successors 11,168
to that judge, shall have the same qualifications, exercise the 11,169
same powers and jurisdiction, and receive the same compensation
as the other judges of the court of common pleas of Marion county 11,171
and shall be elected and designated as judge of the court of 11,172
common pleas, domestic relations-juvenile-probate division. 11,173
Except as otherwise specified in this division, that judge, and 11,174
the successors to that judge, shall have all the powers relating 11,175
to juvenile courts, and all cases under Chapter CHAPTERS 2151. 11,176
AND 2152. of the Revised Code, all cases arising under Chapter 11,178
3111. of the Revised Code, all divorce, dissolution of marriage, 11,179
legal separation, and annulment cases, all proceedings involving 11,180
child support, the allocation of parental rights and
responsibilities for the care of children and the designation for 11,181
the children of a place of residence and legal custodian, and 11,182
visitation, and all post-decree proceedings and matters arising 11,183
from those cases and proceedings shall be assigned to that judge 11,184
and the successors to that judge. Except as provided in division 11,185
(Z)(2) of this section and notwithstanding any other provision of 11,186
any section of the Revised Code, on and after February 9, 2003, 11,187
the judge of the court of common pleas of Marion county whose 11,189
term begins on February 9, 1999, and the successors to that 11,190
judge, shall have all the powers relating to the probate division 11,191
of the court of common pleas of Marion county in addition to the 11,192
258
powers previously specified in this division, and shall exercise 11,193
concurrent jurisdiction with the judge of the probate division of 11,194
that court over all matters that are within the jurisdiction of 11,195
the probate division of that court under Chapter 2101., and other 11,196
provisions, of the Revised Code in addition to the jurisdiction 11,197
of the domestic relations-juvenile-probate division of that court 11,198
otherwise specified in division (Z)(1) of this section. 11,199
(2) The judge of the domestic relations-juvenile-probate 11,201
division of the court of common pleas of Marion county or the 11,202
judge of the probate division of the court of common pleas of 11,203
Marion county, whichever of those judges is senior in total 11,205
length of service on the court of common pleas of Marion county, 11,206
regardless of the division or divisions of service, shall serve 11,207
as the clerk of the probate division of the court of common pleas 11,208
of Marion county.
(3) On and after February 9, 2003, all references in law 11,211
to "the probate court," "the probate judge," "the juvenile
court," or "the judge of the juvenile court" shall be construed, 11,212
with respect to Marion county, as being references to both "the 11,214
probate division" and "the domestic relations-juvenile-probate
division" and as being references to both "the judge of the 11,215
probate division" and "the judge of the domestic relations- 11,216
juvenile-probate division." On and after February 9, 2003, all 11,217
references in law to "the clerk of the probate court" shall be 11,218
construed, with respect to Marion county, as being references to 11,219
the judge who is serving pursuant to division (Z)(2) of this 11,220
section as the clerk of the probate division of the court of 11,221
common pleas of Marion county.
(AA) If a judge of the court of common pleas, division of 11,223
domestic relations, or juvenile judge, of any of the counties 11,224
mentioned in this section is sick, absent, or unable to perform 11,225
that judge's judicial duties or the volume of cases pending in 11,227
the judge's division necessitates it, the duties of that judge 11,228
shall be performed by another judge of the court of common pleas 11,229
259
of that county, assigned for that purpose by the presiding judge 11,230
of the court of common pleas of that county to act in place of or 11,231
in conjunction with that judge, as the case may require. 11,232
Sec. 2301.31. (A) If a person on parole is in the custody 11,241
of a county department of probation provided for in division (A) 11,242
of section 2301.27 of the Revised Code, any probation officer of 11,243
that department may arrest the person without a warrant for any 11,244
violation of any condition of parole, as defined in section 11,245
2967.01 of the Revised Code, or of any rule governing persons on 11,246
parole. If a person on parole is in the custody of a county 11,247
department of probation provided for in division (A) of section 11,248
2301.27 of the Revised Code, any probation officer or peace 11,249
officer shall arrest the person without a warrant for any 11,250
violation of any condition of parole or any rule governing 11,251
persons on parole upon the written order of the chief probation 11,252
officer of that department. Any peace officer may arrest the 11,253
person without a warrant, in accordance with section 2941.46 of 11,254
the Revised Code, if the peace officer has reasonable ground to 11,255
believe that the person has violated or is violating any of the 11,256
following that is a condition of his THE PERSON'S parole: 11,257
(1) A condition that prohibits his ownership, possession, 11,259
or use of a firearm, deadly weapon, ammunition, or dangerous 11,260
ordnance; 11,261
(2) A condition that prohibits him THE PERSON from being 11,263
within a specified structure or geographic area; 11,265
(3) A condition that confines him THE PERSON to a 11,267
residence, facility, or other structure; 11,268
(4) A condition that prohibits him THE PERSON from 11,270
contacting or communicating with any specified individual; 11,272
(5) A condition that prohibits him THE PERSON from 11,274
associating with a specified individual. 11,276
(B) A person who is arrested as provided in this section 11,278
may be confined in the jail or juvenile detention home FACILITY, 11,279
as the case may be, of the county in which he THE PERSON is 11,280
260
arrested, until released or removed to the proper institution. 11,281
Upon making an arrest under this section, the arresting probation 11,282
officer or peace officer or his THE ARRESTING OFFICER'S 11,283
department or agency promptly shall notify the chief probation 11,285
officer of the county department of probation with custody of the 11,286
person or the chief probation officer's designee that the person 11,287
has been arrested.
Upon the written order of the chief probation officer of 11,289
the county department with custody of the person, the person may 11,290
be released on parole or reimprisoned or recommitted to the 11,291
proper institution. An appeal from an order of reimprisonment or 11,292
recommitment may be taken to the adult parole authority created 11,293
by section 5149.02 of the Revised Code, and the decision of the 11,294
authority on the appeal shall be final. The manner of taking an 11,295
appeal of that nature and the disposition of the appellant 11,296
pending the making and determination of the appeal shall be 11,297
governed by the rules and orders of the adult parole authority. 11,298
(C) Nothing in this section limits the powers of arrest 11,300
granted to certain law enforcement officers and citizens under 11,301
sections 2935.03 and 2935.04 of the Revised Code. 11,302
(D) As used in this section: 11,304
(1) "Peace officer" has the same meaning as in section 11,306
2935.01 of the Revised Code. 11,307
(2) "Firearm," "deadly weapon," and "dangerous ordnance" 11,309
have the same meanings as in section 2923.11 of the Revised Code. 11,310
Sec. 2701.03. (A) If a judge of the court of common pleas 11,320
allegedly is interested in a proceeding pending before the court, 11,321
allegedly is related to or has a bias or prejudice for or against 11,322
a party to a proceeding pending before the court or a party's 11,324
counsel, or allegedly otherwise is disqualified to preside in a 11,325
proceeding pending before the court, any party to the proceeding 11,326
or the party's counsel may file an affidavit of disqualification 11,327
with the clerk of the supreme court in accordance with division 11,328
(B) of this section. 11,329
261
(B) An affidavit of disqualification filed under section 11,332
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 11,333
less than seven calendar days before the day on which the next 11,334
hearing in the proceeding is scheduled and shall include all of 11,335
the following:
(1) The specific allegations on which the claim of 11,337
interest, bias, prejudice, or disqualification is based and the 11,338
facts to support each of those allegations or, in relation to an 11,339
affidavit filed against a judge of a court of appeals, a specific 11,340
allegation that the judge presided in the lower court in the same 11,341
proceeding and the facts to support that allegation;
(2) The jurat of a notary public or another person 11,343
authorized to administer oaths or affirmations; 11,344
(3) A certificate indicating that a copy of the affidavit 11,346
has been served on the probate judge, judge of a court of 11,347
appeals, or judge of a court of common pleas against whom the 11,348
affidavit is filed and on all other parties or their counsel; 11,349
(4) The date of the next scheduled hearing in the 11,351
proceeding or, if there is no hearing scheduled, a statement that 11,352
there is no hearing scheduled.
(C)(1) Except as provided in division (C)(2) of this 11,355
section, when an affidavit of disqualification is presented to 11,356
the clerk of the supreme court for filing under division (B) of 11,357
this section, all of the following apply:
(a) The clerk of the supreme court shall accept the 11,360
affidavit for filing and shall forward the affidavit to the chief 11,361
justice of the supreme court. 11,362
(b) The supreme court shall send notice of the filing of 11,365
the affidavit to the probate court served by the judge if the
affidavit is filed against a probate court judge, to the clerk of 11,366
the court of appeals served by the judge if the affidavit is 11,367
filed against a judge of a court of appeals, or to the clerk of 11,368
the court of common pleas served by the judge if the affidavit is 11,369
262
filed against a judge of a court of common pleas. 11,370
(c) Upon receipt of the notice under division (C)(1)(b) of 11,373
this section, the probate court, the clerk of the court of 11,374
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 11,375
probate court, the docket of the court of appeals, or the docket 11,376
in the proceeding in the court of common pleas. 11,377
(2) The clerk of the supreme court shall not accept an 11,380
affidavit of disqualification presented for filing under division
(B) of this section if it is not timely presented for filing or 11,382
does not satisfy the requirements of divisions (B)(2), (3), and 11,383
(4) of this section.
(D)(1) Except as provided in divisions (D)(2) to (4) of 11,386
this section, if the clerk of the supreme court accepts an 11,387
affidavit of disqualification for filing under divisions (B) and 11,388
(C) of this section, the affidavit deprives the judge against 11,389
whom the affidavit was filed of any authority to preside in the 11,390
proceeding until the chief justice of the supreme court, or a
justice of the supreme court designated by the chief justice, 11,391
rules on the affidavit pursuant to division (E) of this section. 11,392
(2) A judge against whom an affidavit of disqualification 11,394
has been filed under divisions (B) and (C) of this section may do 11,395
any of the following that is applicable: 11,396
(a) If, based on the scheduled hearing date, the affidavit 11,398
was not timely filed, the judge may preside in the proceeding. 11,399
(b) If the proceeding is a domestic relations proceeding, 11,401
the judge may issue any temporary order relating to spousal 11,402
support pendente lite and the support, maintenance, and 11,403
allocation of parental rights and responsibilities for the care 11,404
of children.
(c) If the proceeding pertains to a complaint brought 11,406
pursuant to Chapter 2151. OR 2152. of the Revised Code, the judge 11,408
may issue any temporary order pertaining to the relation and
conduct of any other person toward a child who is the subject of 11,409
263
a complaint as the interest and welfare of the child may require. 11,410
(3) A judge against whom an affidavit of disqualification 11,412
has been filed under divisions (B) and (C) of this section may 11,413
determine a matter that does not affect a substantive right of 11,414
any of the parties.
(4) If the clerk of the supreme court accepts an affidavit 11,416
of disqualification for filing under divisions (B) and (C) of 11,418
this section, if the chief justice of the supreme court, or a
justice of the supreme court designated by the chief justice, 11,419
denies the affidavit of disqualification pursuant to division (E) 11,420
of this section, and if, after the denial, a second or subsequent 11,421
affidavit of disqualification regarding the same judge and the 11,422
same proceeding is filed by the same party who filed or on whose 11,423
behalf was filed the affidavit that was denied or by counsel for 11,424
the same party who filed or on whose behalf was filed the 11,425
affidavit that was denied, the judge against whom the second or
subsequent affidavit is filed may preside in the proceeding prior 11,426
to the ruling of the chief justice of the supreme court, or a 11,427
justice designated by the chief justice, on the second or 11,428
subsequent affidavit.
(E) If the clerk of the supreme court accepts an affidavit 11,431
of disqualification for filing under divisions (B) and (C) of 11,433
this section and if the chief justice of the supreme court, or
any justice of the supreme court designated by the chief justice, 11,434
determines that the interest, bias, prejudice, or 11,435
disqualification alleged in the affidavit does not exist, the 11,436
chief justice or the designated justice shall issue an entry
denying the affidavit of disqualification. If the chief justice 11,438
of the supreme court, or any justice of the supreme court 11,439
designated by the chief justice, determines that the interest, 11,440
bias, prejudice, or disqualification alleged in the affidavit 11,441
exists, the chief justice or the designated justice shall issue 11,443
an entry that disqualifies that judge from presiding in the
proceeding and either order that the proceeding be assigned to 11,444
264
another judge of the court of which the disqualified judge is a 11,445
member, to a judge of another court, or to a retired judge. 11,446
Sec. 2744.01. As used in this chapter: 11,455
(A) "Emergency call" means a call to duty, including, but 11,457
not limited to, communications from citizens, police dispatches, 11,458
and personal observations by peace officers of inherently 11,459
dangerous situations that demand an immediate response on the 11,460
part of a peace officer. 11,461
(B) "Employee" means an officer, agent, employee, or 11,463
servant, whether or not compensated or full-time or part-time, 11,464
who is authorized to act and is acting within the scope of the 11,466
officer's, agent's, employee's, or servant's employment for a 11,467
political subdivision. "Employee" does not include an 11,468
independent contractor and does not include any individual 11,469
engaged by a school district pursuant to section 3319.301 of the 11,470
Revised Code. "Employee" includes any elected or appointed 11,471
official of a political subdivision. "Employee" also includes a 11,472
person who has been convicted of or pleaded guilty to a criminal 11,473
offense and who has been sentenced to perform community service 11,474
work in a political subdivision whether pursuant to section 11,475
2951.02 of the Revised Code or otherwise, and a child who is 11,476
found to be a delinquent child and who is ordered by a juvenile 11,477
court pursuant to section 2151.355 2152.19 OR 2152.20 of the 11,478
Revised Code to perform community service or community work in a 11,479
political subdivision. 11,480
(C)(1) "Governmental function" means a function of a 11,482
political subdivision that is specified in division (C)(2) of 11,483
this section or that satisfies any of the following: 11,484
(a) A function that is imposed upon the state as an 11,486
obligation of sovereignty and that is performed by a political 11,487
subdivision voluntarily or pursuant to legislative requirement; 11,488
(b) A function that is for the common good of all citizens 11,490
of the state; 11,491
(c) A function that promotes or preserves the public 11,493
265
peace, health, safety, or welfare; that involves activities that 11,494
are not engaged in or not customarily engaged in by 11,495
nongovernmental persons; and that is not specified in division 11,496
(G)(2) of this section as a proprietary function. 11,497
(2) A "governmental function" includes, but is not limited 11,499
to, the following: 11,500
(a) The provision or nonprovision of police, fire, 11,502
emergency medical, ambulance, and rescue services or protection; 11,503
(b) The power to preserve the peace; to prevent and 11,505
suppress riots, disturbances, and disorderly assemblages; to 11,506
prevent, mitigate, and clean up releases of oil and hazardous and 11,507
extremely hazardous substances as defined in section 3750.01 of 11,508
the Revised Code; and to protect persons and property; 11,509
(c) The provision of a system of public education; 11,511
(d) The provision of a free public library system; 11,513
(e) The regulation of the use of, and the maintenance and 11,515
repair of, roads, highways, streets, avenues, alleys, sidewalks, 11,516
bridges, aqueducts, viaducts, and public grounds; 11,517
(f) Judicial, quasi-judicial, prosecutorial, legislative, 11,519
and quasi-legislative functions; 11,520
(g) The construction, reconstruction, repair, renovation, 11,522
maintenance, and operation of buildings that are used in 11,523
connection with the performance of a governmental function, 11,524
including, but not limited to, office buildings and courthouses; 11,525
(h) The design, construction, reconstruction, renovation, 11,527
repair, maintenance, and operation of jails, places of juvenile 11,528
detention, workhouses, or any other detention facility, as 11,529
defined in section 2921.01 of the Revised Code; 11,530
(i) The enforcement or nonperformance of any law; 11,532
(j) The regulation of traffic, and the erection or 11,534
nonerection of traffic signs, signals, or control devices; 11,535
(k) The collection and disposal of solid wastes, as 11,537
defined in section 3734.01 of the Revised Code, including, but 11,538
not limited to, the operation of solid waste disposal facilities, 11,539
266
as "facilities" is defined in that section, and the collection 11,540
and management of hazardous waste generated by households. As 11,541
used in division (C)(2)(k) of this section, "hazardous waste 11,542
generated by households" means solid waste originally generated 11,543
by individual households that is listed specifically as hazardous 11,544
waste in or exhibits one or more characteristics of hazardous 11,545
waste as defined by rules adopted under section 3734.12 of the 11,546
Revised Code, but that is excluded from regulation as a hazardous 11,547
waste by those rules. 11,548
(l) The provision or nonprovision, planning or design, 11,550
construction, or reconstruction of a public improvement, 11,551
including, but not limited to, a sewer system; 11,552
(m) The operation of a human services department or 11,554
agency, including, but not limited to, the provision of 11,555
assistance to aged and infirm persons and to persons who are 11,556
indigent; 11,557
(n) The operation of a health board, department, or 11,559
agency, including, but not limited to, any statutorily required 11,560
or permissive program for the provision of immunizations or other 11,561
inoculations to all or some members of the public, provided that 11,562
a "governmental function" does not include the supply, 11,563
manufacture, distribution, or development of any drug or vaccine 11,564
employed in any such immunization or inoculation program by any 11,565
supplier, manufacturer, distributor, or developer of the drug or 11,566
vaccine; 11,567
(o) The operation of mental health facilities, mental 11,569
retardation or developmental disabilities facilities, alcohol 11,570
treatment and control centers, and children's homes or agencies; 11,571
(p) The provision or nonprovision of inspection services 11,573
of all types, including, but not limited to, inspections in 11,574
connection with building, zoning, sanitation, fire, plumbing, and 11,575
electrical codes, and the taking of actions in connection with 11,576
those types of codes, including, but not limited to, the approval 11,577
of plans for the construction of buildings or structures and the 11,578
267
issuance or revocation of building permits or stop work orders in 11,579
connection with buildings or structures; 11,580
(q) Urban renewal projects and the elimination of slum 11,582
conditions; 11,583
(r) Flood control measures; 11,585
(s) The design, construction, reconstruction, renovation, 11,587
operation, care, repair, and maintenance of a township cemetery; 11,588
(t) The issuance of revenue obligations under section 11,590
140.06 of the Revised Code; 11,591
(u) The design, construction, reconstruction, renovation, 11,593
repair, maintenance, and operation of any park, playground, 11,594
playfield, indoor recreational facility, zoo, zoological park, 11,595
bath, swimming pool, pond, water park, wading pool, wave pool, 11,596
water slide, and other type of aquatic facility, or golf course; 11,598
(v) The provision of public defender services by a county 11,600
or joint county public defender's office pursuant to Chapter 120. 11,601
of the Revised Code; 11,602
(w) A function that the general assembly mandates a 11,604
political subdivision to perform. 11,605
(D) "Law" means any provision of the constitution, 11,607
statutes, or rules of the United States or of this state; 11,608
provisions of charters, ordinances, resolutions, and rules of 11,609
political subdivisions; and written policies adopted by boards of 11,610
education. When used in connection with the "common law," this 11,611
definition does not apply. 11,612
(E) "Motor vehicle" has the same meaning as in section 11,614
4511.01 of the Revised Code. 11,615
(F) "Political subdivision" or "subdivision" means a 11,617
municipal corporation, township, county, school district, or 11,618
other body corporate and politic responsible for governmental 11,619
activities in a geographic area smaller than that of the state. 11,620
"Political subdivision" includes, but is not limited to, a county 11,621
hospital commission appointed under section 339.14 of the Revised 11,622
Code, regional planning commission created pursuant to section 11,623
268
713.21 of the Revised Code, county planning commission created 11,624
pursuant to section 713.22 of the Revised Code, joint planning 11,625
council created pursuant to section 713.231 of the Revised Code, 11,626
interstate regional planning commission created pursuant to 11,627
section 713.30 of the Revised Code, port authority created 11,628
pursuant to section 4582.02 or 4582.26 of the Revised Code or in 11,629
existence on December 16, 1964, regional council established by 11,630
political subdivisions pursuant to Chapter 167. of the Revised 11,631
Code, emergency planning district and joint emergency planning 11,632
district designated under section 3750.03 of the Revised Code, 11,633
joint emergency medical services district created pursuant to 11,634
section 307.052 of the Revised Code, fire and ambulance district 11,635
created pursuant to section 505.375 of the Revised Code, joint 11,637
interstate emergency planning district established by an 11,639
agreement entered into under that section, county solid waste
management district and joint solid waste management district 11,640
established under section 343.01 or 343.012 of the Revised Code, 11,641
and community school established under Chapter 3314. of the 11,642
Revised Code.
(G)(1) "Proprietary function" means a function of a 11,644
political subdivision that is specified in division (G)(2) of 11,645
this section or that satisfies both of the following: 11,646
(a) The function is not one described in division 11,648
(C)(1)(a) or (b) of this section and is not one specified in 11,649
division (C)(2) of this section; 11,650
(b) The function is one that promotes or preserves the 11,652
public peace, health, safety, or welfare and that involves 11,653
activities that are customarily engaged in by nongovernmental 11,654
persons. 11,655
(2) A "proprietary function" includes, but is not limited 11,657
to, the following: 11,658
(a) The operation of a hospital by one or more political 11,660
subdivisions; 11,661
(b) The design, construction, reconstruction, renovation, 11,663
269
repair, maintenance, and operation of a public cemetery other 11,664
than a township cemetery; 11,665
(c) The establishment, maintenance, and operation of a 11,667
utility, including, but not limited to, a light, gas, power, or 11,668
heat plant, a railroad, a busline or other transit company, an 11,669
airport, and a municipal corporation water supply system; 11,670
(d) The maintenance, destruction, operation, and upkeep of 11,672
a sewer system; 11,673
(e) The operation and control of a public stadium, 11,675
auditorium, civic or social center, exhibition hall, arts and 11,676
crafts center, band or orchestra, or off-street parking facility. 11,677
(H) "Public roads" means public roads, highways, streets, 11,679
avenues, alleys, and bridges within a political subdivision. 11,680
"Public roads" does not include berms, shoulders, rights-of-way, 11,681
or traffic control devices unless the traffic control devices are 11,684
mandated by the Ohio manual of uniform traffic control devices. 11,685
(I) "State" means the state of Ohio, including, but not 11,687
limited to, the general assembly, the supreme court, the offices 11,688
of all elected state officers, and all departments, boards, 11,689
offices, commissions, agencies, colleges and universities, 11,690
institutions, and other instrumentalities of the state of Ohio. 11,691
"State" does not include political subdivisions. 11,692
Sec. 2744.03. (A) In a civil action brought against a 11,701
political subdivision or an employee of a political subdivision 11,702
to recover damages for injury, death, or loss to persons or 11,703
property allegedly caused by any act or omission in connection 11,704
with a governmental or proprietary function, the following 11,705
defenses or immunities may be asserted to establish nonliability: 11,706
(1) The political subdivision is immune from liability if 11,708
the employee involved was engaged in the performance of a 11,709
judicial, quasi-judicial, prosecutorial, legislative, or 11,710
quasi-legislative function. 11,711
(2) The political subdivision is immune from liability if 11,713
the conduct of the employee involved, other than negligent 11,714
270
conduct, that gave rise to the claim of liability was required by 11,715
law or authorized by law, or if the conduct of the employee 11,716
involved that gave rise to the claim of liability was necessary 11,717
or essential to the exercise of powers of the political 11,718
subdivision or employee. 11,719
(3) The political subdivision is immune from liability if 11,721
the action or failure to act by the employee involved that gave 11,722
rise to the claim of liability was within the discretion of the 11,723
employee with respect to policy-making, planning, or enforcement 11,724
powers by virtue of the duties and responsibilities of the office 11,725
or position of the employee. 11,726
(4) The political subdivision is immune from liability if 11,728
the action or failure to act by the political subdivision or 11,729
employee involved that gave rise to the claim of liability 11,730
resulted in injury or death to a person who had been convicted of 11,731
or pleaded guilty to a criminal offense and who, at the time of 11,732
the injury or death, was serving any portion of the person's 11,733
sentence by performing community service work for or in the 11,735
political subdivision whether pursuant to section 2951.02 of the 11,736
Revised Code or otherwise, or resulted in injury or death to a 11,737
child who was found to be a delinquent child and who, at the time 11,738
of the injury or death, was performing community service or 11,739
community work for or in a political subdivision in accordance 11,740
with the order of a juvenile court entered pursuant to section 11,741
2151.355 2152.19 OR 2152.20 of the Revised Code, and if, at the 11,743
time of the person's or child's injury or death, the person or 11,746
child was covered for purposes of Chapter 4123. of the Revised 11,747
Code in connection with the community service or community work 11,748
for or in the political subdivision.
(5) The political subdivision is immune from liability if 11,750
the injury, death, or loss to persons or property resulted from 11,751
the exercise of judgment or discretion in determining whether to 11,752
acquire, or how to use, equipment, supplies, materials, 11,753
personnel, facilities, and other resources unless the judgment or 11,755
271
discretion was exercised with malicious purpose, in bad faith, or 11,756
in a wanton or reckless manner.
(6) In addition to any immunity or defense referred to in 11,758
division (A)(7) of this section and in circumstances not covered 11,759
by that division or sections 3314.07 and 3746.24 of the Revised 11,761
Code, the employee is immune from liability unless one of the 11,763
following applies:
(a) The employee's acts or omissions were manifestly 11,765
outside the scope of the employee's employment or official 11,766
responsibilities; 11,767
(b) The employee's acts or omissions were with malicious 11,769
purpose, in bad faith, or in a wanton or reckless manner; 11,770
(c) Liability is expressly imposed upon the employee by a 11,772
section of the Revised Code. Liability shall not be construed to 11,773
exist under another section of the Revised Code merely because 11,774
that section imposes a responsibility or mandatory duty upon an 11,775
employee, because of a general authorization in that section that 11,776
an employee may sue and be sued, or because the section uses the 11,777
term "shall" in a provision pertaining to an employee.
(7) The political subdivision, and an employee who is a 11,779
county prosecuting attorney, city director of law, village 11,780
solicitor, or similar chief legal officer of a political 11,781
subdivision, an assistant of any such person, or a judge of a 11,782
court of this state is entitled to any defense or immunity 11,783
available at common law or established by the Revised Code. 11,784
(B) Any immunity or defense conferred upon, or referred to 11,786
in connection with, an employee by division (A)(6) or (7) of this 11,787
section does not affect or limit any liability of a political 11,788
subdivision for an act or omission of the employee as provided in 11,789
section 2744.02 of the Revised Code. 11,790
Sec. 2919.24. (A) No person, INCLUDING A PARENT, 11,799
GUARDIAN, OR OTHER CUSTODIAN OF A CHILD, shall do either of the 11,800
following: 11,801
(1) Aid, abet, induce, cause, encourage, or contribute to 11,803
272
a child or a ward of the juvenile court becoming an unruly child, 11,804
as defined in section 2151.022 of the Revised Code, or a 11,805
delinquent child, as defined in section 2151.02 2152.02 of the 11,806
Revised Code; 11,808
(2) Act in a way tending to cause a child or a ward of the 11,810
juvenile court to become an unruly child, as defined in section 11,811
2151.022 of the Revised Code, or a delinquent child, as defined 11,812
in section 2151.02 2152.02 of the Revised Code. 11,813
(B) Whoever violates this section is guilty of 11,815
contributing to the unruliness or delinquency of a child, a 11,816
misdemeanor of the first degree. Each day of violation of this 11,817
section is a separate offense. 11,818
Sec. 2921.32. (A) No person, with purpose to hinder the 11,827
discovery, apprehension, prosecution, conviction, or punishment 11,828
of another for crime or to assist another to benefit from the 11,829
commission of a crime, and no person, with purpose to hinder the 11,830
discovery, apprehension, prosecution, adjudication as a 11,831
delinquent child, or disposition of a child for an act that if 11,832
committed by an adult would be a crime or to assist a child to 11,833
benefit from the commission of an act that if committed by an 11,834
adult would be a crime, shall do any of the following:
(1) Harbor or conceal the other person or child; 11,836
(2) Provide the other person or child with money, 11,838
transportation, a weapon, a disguise, or other means of avoiding 11,839
discovery or apprehension; 11,840
(3) Warn the other person or child of impending discovery 11,842
or apprehension; 11,843
(4) Destroy or conceal physical evidence of the crime or 11,845
act, or induce any person to withhold testimony or information or 11,846
to elude legal process summoning the person to testify or supply 11,847
evidence; 11,848
(5) Communicate false information to any person. 11,850
(B)(1) Whoever violates this section is guilty of 11,852
obstructing justice.
273
(2) If the crime committed by the person aided is a 11,854
misdemeanor or if the act committed by the child aided would be a 11,855
misdemeanor if committed by an adult, obstructing justice is a 11,856
misdemeanor of the same degree as the crime committed by the 11,858
person aided or a misdemeanor of the same degree that the act 11,859
committed by the child aided would be if committed by an adult. 11,860
(3) Except as otherwise provided in division (B)(4) of 11,862
this section, if the crime committed by the person aided is a 11,863
felony or if the act committed by the child aided would be a 11,864
felony if committed by an adult, obstructing justice is a felony 11,866
of the fifth degree.
(4) If the crime committed by the person aided is 11,868
aggravated murder, murder, or a felony of the first or second 11,869
degree or if the act committed by the child aided would be one of 11,870
those offenses if committed by an adult and if the offender knows 11,871
or has reason to believe that the crime committed by the person 11,872
aided is one of those offenses or that the act committed by the 11,873
child aided would be one of those offenses if committed by an 11,874
adult, obstructing justice is a felony of the third degree. 11,875
(C) As used in this section: 11,877
(1) "Adult" and "child" have the same meanings as in 11,879
section 2151.011 of the Revised Code. 11,880
(2) "Delinquent child" has the same meaning as in section 11,882
2151.02 2152.02 of the Revised Code. 11,883
Sec. 2923.211. (A) No person under eighteen years of age 11,893
shall purchase or attempt to purchase a firearm.
(B) No person under twenty-one years of age shall purchase 11,896
or attempt to purchase a handgun, provided that this division 11,897
does not apply to the purchase or attempted purchase of a handgun 11,898
by a person eighteen years of age or older and under twenty-one 11,899
years of age if the person eighteen years of age or older and 11,900
under twenty-one years of age is a law enforcement officer who is 11,901
properly appointed or employed as a law enforcement officer and 11,902
has received firearms training approved by the Ohio peace officer 11,903
274
training council or equivalent firearms training. 11,904
(C) Whoever violates division (A) of this section is 11,907
guilty of underage purchase of a firearm, is a delinquent child, 11,908
and is subject to an order of disposition as provided in section 11,910
2151.355 of the Revised Code ACT THAT WOULD BE A FELONY OF THE 11,911
FOURTH DEGREE IF IT COULD BE COMMITTED BY AN ADULT. Whoever
violates division (B) of this section is guilty of underage 11,913
purchase of a handgun, a misdemeanor of the second degree. 11,914
Sec. 2923.32. (A)(1) No person employed by, or associated 11,923
with, any enterprise shall conduct or participate in, directly or 11,924
indirectly, the affairs of the enterprise through a pattern of 11,925
corrupt activity or the collection of an unlawful debt. 11,926
(2) No person, through a pattern of corrupt activity or 11,928
the collection of an unlawful debt, shall acquire or maintain, 11,929
directly or indirectly, any interest in, or control of, any 11,930
enterprise or real property. 11,931
(3) No person, who knowingly has received any proceeds 11,933
derived, directly or indirectly, from a pattern of corrupt 11,934
activity or the collection of any unlawful debt, shall use or 11,935
invest, directly or indirectly, any part of those proceeds, or 11,936
any proceeds derived from the use or investment of any of those 11,937
proceeds, in the acquisition of any title to, or any right, 11,938
interest, or equity in, real property or in the establishment or 11,939
operation of any enterprise. 11,940
A purchase of securities on the open market with intent to 11,942
make an investment, without intent to control or participate in 11,943
the control of the issuer, and without intent to assist another 11,944
to do so is not a violation of this division, if the securities 11,945
of the issuer held after the purchase by the purchaser, the 11,946
members of the purchaser's immediate family, and the purchaser's 11,948
or the immediate family members' accomplices in any pattern of 11,950
corrupt activity or the collection of an unlawful debt do not 11,951
aggregate one per cent of the outstanding securities of any one 11,952
class of the issuer and do not confer, in law or in fact, the 11,953
275
power to elect one or more directors of the issuer.
(B)(1) Whoever violates this section is guilty of engaging 11,955
in a pattern of corrupt activity. Except as otherwise provided 11,957
in this division, engaging in corrupt activity is a felony of the 11,958
second degree. If at least one of the incidents of corrupt
activity is a felony of the first, second, or third degree, 11,959
aggravated murder, or murder, if at least one of the incidents 11,960
was a felony under the law of this state that was committed prior 11,961
to the effective date of this amendment and that would constitute 11,962
a felony of the first, second, or third degree, aggravated 11,963
murder, or murder if committed on or after the effective date of 11,964
this amendment, or if at least one of the incidents of corrupt 11,965
activity is a felony under the law of the United States or of 11,967
another state that, if committed in this state on or after the 11,968
effective date of this amendment, would constitute a felony of 11,969
the first, second, or third degree, aggravated murder, or murder 11,970
under the law of this state, engaging in a pattern of corrupt 11,971
activity is a felony of the first degree. Notwithstanding any 11,972
other provision of law, a person may be convicted of violating 11,973
the provisions of this section as well as of a conspiracy to 11,974
violate one or more of those provisions under section 2923.01 of 11,975
the Revised Code.
(2) Notwithstanding the financial sanctions authorized by 11,978
section 2929.18 of the Revised Code, the court may do all of the 11,979
following with respect to any person who derives pecuniary value 11,980
or causes property damage, personal injury other than pain and 11,981
suffering, or other loss through or by the violation of this 11,982
section:
(a) In lieu of the fine authorized by that section, impose 11,985
a fine not exceeding the greater of three times the gross value 11,986
gained or three times the gross loss caused and order the clerk 11,987
of the court to pay the fine into the corrupt activity 11,988
investigation and prosecution fund created in section 2923.35 of 11,989
the Revised Code;
276
(b) In addition to the fine described in division 11,991
(B)(2)(a) of this section and the financial sanctions authorized 11,993
by section 2929.18 of the Revised Code, order the person to pay
court costs; 11,994
(c) In addition to the fine described in division 11,996
(B)(2)(a) of this section and the financial sanctions authorized 11,998
by section 2929.18 of the Revised Code, order the person to pay
to the state, municipal, or county law enforcement agencies that 11,999
handled the investigation and prosecution the costs of 12,000
investigation and prosecution that are reasonably incurred. 12,001
The court shall hold a hearing to determine the amount of 12,003
fine, court costs, and other costs to be imposed under this 12,004
division. 12,005
(3) In addition to any other penalty or disposition 12,007
authorized or required by law, the court shall order any person 12,008
who is convicted of or pleads guilty to a violation of this 12,009
section or who is adjudicated delinquent by reason of a violation 12,010
of this section to criminally forfeit to the state any personal 12,011
or real property in which the person has an interest and that was 12,013
used in the course of or intended for use in the course of a 12,014
violation of this section, or that was derived from or realized 12,015
through conduct in violation of this section, including any 12,016
property constituting an interest in, means of control over, or 12,017
influence over the enterprise involved in the violation and any 12,018
property constituting proceeds derived from the violation, 12,019
including all of the following: 12,020
(a) Any position, office, appointment, tenure, commission, 12,022
or employment contract of any kind acquired or maintained by the 12,023
person in violation of this section, through which the person, in 12,025
violation of this section, conducted or participated in the 12,026
conduct of an enterprise, or that afforded the person a source of 12,028
influence or control over an enterprise that the person exercised 12,029
in violation of this section;
(b) Any compensation, right, or benefit derived from a 12,031
277
position, office, appointment, tenure, commission, or employment 12,032
contract described in division (B)(3)(a) of this section that 12,033
accrued to the person in violation of this section during the 12,035
period of the pattern of corrupt activity;
(c) Any interest in, security of, claim against, or 12,037
property or contractual right affording the person a source of 12,039
influence or control over the affairs of an enterprise that the
person exercised in violation of this section; 12,040
(d) Any amount payable or paid under any contract for 12,042
goods or services that was awarded or performed in violation of 12,043
this section. 12,044
(4)(a) A sentence or disposition of criminal forfeiture 12,046
pursuant to division (B)(3) of this section shall not be entered 12,047
unless either of the following applies: 12,048
(i) The indictment, count in the indictment, or 12,050
information charging the offense, or the complaint, INDICTMENT, 12,051
OR INFORMATION filed in juvenile court charging the violation as 12,052
a delinquent act alleges the extent of the property subject to 12,054
forfeiture;
(ii) The criminal sentence or delinquency disposition 12,056
requires the forfeiture of property that was not reasonably 12,057
foreseen to be subject to forfeiture at the time of the 12,058
indictment, count in the indictment, or information charging the 12,059
offense, or the complaint, INDICTMENT, OR INFORMATION filed in 12,060
juvenile court charging the violation as a delinquent act, 12,062
provided that the prosecuting attorney gave prompt notice to the 12,063
defendant or the alleged or adjudicated delinquent child of such 12,064
property not reasonably foreseen to be subject to forfeiture when 12,065
it is discovered to be forfeitable. 12,066
(b) A special verdict shall be returned as to the extent 12,068
of the property, if any, subject to forfeiture. When the special 12,069
verdict is returned, a judgment of forfeiture shall be entered. 12,070
(5) If any property included in a special verdict of 12,072
forfeiture returned pursuant to division (B)(4) of this section 12,073
278
cannot be located, has been sold to a bona fide purchaser for 12,074
value, placed beyond the jurisdiction of the court, substantially 12,075
diminished in value by the conduct of the defendant or 12,076
adjudicated delinquent child, or commingled with other property 12,077
that cannot be divided without difficulty or undue injury to 12,078
innocent persons, or otherwise is unreachable without undue 12,079
injury to innocent persons, the court shall order forfeiture of 12,080
any other reachable property of the defendant or adjudicated 12,081
delinquent child up to the value of the property that is 12,082
unreachable. 12,083
(6) All property ordered forfeited pursuant to this 12,085
section shall be held by the law enforcement agency that seized 12,086
it for distribution or disposal pursuant to section 2923.35 of 12,087
the Revised Code. The agency shall maintain an accurate record 12,088
of each item of property so seized and held, which record shall 12,089
include the date on which each item was seized, the manner and 12,090
date of disposition by the agency, and if applicable, the name of 12,091
the person who received the item; however, the record shall not 12,092
identify or enable the identification of the individual officer 12,093
who seized the property. The record is a public record open for 12,094
inspection under section 149.43 of the Revised Code. Each law 12,095
enforcement agency that seizes and holds in any calendar year any 12,096
item of property that is ordered forfeited pursuant to this 12,097
section shall prepare a report covering the calendar year that 12,098
cumulates all of the information contained in all of the records 12,099
kept by the agency pursuant to this division for that calendar 12,100
year, and shall send the cumulative report, no later than the 12,101
first day of March in the calendar year following the calendar 12,102
year covered by the report, to the attorney general. Each such 12,103
report so received by the attorney general is a public record 12,104
open for inspection under section 149.43 of the Revised Code. 12,105
Not later than the fifteenth day of April in the calendar year in 12,106
which the reports were received, the attorney general shall send 12,107
to the president of the senate and the speaker of the house of 12,108
279
representatives a written notification that does all of the 12,109
following: 12,110
(a) Indicates that the attorney general has received from 12,112
law enforcement agencies reports of the type described in this 12,114
division that cover the previous calendar year and indicates that 12,115
the reports were received under this division;
(b) Indicates that the reports are open for inspection 12,118
under section 149.43 of the Revised Code; 12,119
(c) Indicates that the attorney general will provide a 12,122
copy of any or all of the reports to the president of the senate 12,123
or the speaker of the house of representatives upon request. 12,124
(C) Notwithstanding the notice and procedure prescribed by 12,126
division (E) of this section, an order of criminal forfeiture 12,127
entered under division (B)(3) of this section shall authorize an 12,128
appropriate law enforcement agency to seize the property declared 12,129
forfeited under this section upon the terms and conditions, 12,130
relating to the time and manner of seizure, that the court 12,131
determines proper. 12,132
(D) Criminal penalties under this section are not mutually 12,134
exclusive, unless otherwise provided, and do not preclude the 12,135
application of any other criminal or civil remedy under this or 12,136
any other section of the Revised Code. A disposition of criminal 12,137
forfeiture ordered pursuant to division (B)(3) of this section in 12,138
relation to a child who was adjudicated delinquent by reason of a 12,139
violation of this section does not preclude the application of 12,140
any other order of disposition under section 2151.355 CHAPTER 12,142
2152. of the Revised Code or any other civil remedy under this or 12,143
any other section of the Revised Code. 12,144
(E)(1) Upon the entry of a judgment of forfeiture pursuant 12,146
to division (B)(3) of this section, the court shall cause notice 12,147
of the judgment to be sent by certified mail, return receipt 12,148
requested, to all persons known to have, or appearing to have, an 12,149
interest in the property that was acquired prior to the filing of 12,150
a corrupt activity lien notice or a lis pendens as authorized by 12,151
280
section 2923.36 of the Revised Code. If the notices cannot be 12,152
given to those persons in that manner, the court shall cause 12,153
publication of the notice of the judgment of forfeiture pursuant 12,154
to the Rules of Civil Procedure. 12,155
(2) Within thirty days after receipt of a notice or after 12,157
the date of publication of a notice under division (E)(1) of this 12,158
section, any person, other than the defendant or the adjudicated 12,159
delinquent child, who claims an interest in the property that is 12,160
subject to forfeiture may petition the court for a hearing to 12,161
determine the validity of the claim. The petition shall be 12,162
signed and sworn to by the petitioner and shall set forth the 12,163
nature and extent of the petitioner's interest in the property, 12,164
the date and circumstances of the petitioner's acquisition of the 12,165
interest, any additional allegations supporting the claim, and 12,166
the relief sought. The petitioner shall furnish the prosecuting 12,167
attorney with a copy of the petition. 12,168
(3) The court, to the extent practicable and consistent 12,170
with the interests of justice, shall hold the hearing described 12,171
under division (E)(2) of this section within thirty days from the 12,172
filing of the petition. The court may consolidate the hearings 12,173
on all petitions filed by third party claimants under this 12,174
section. At the hearing, the petitioner may testify and present 12,175
evidence on the petitioner's own behalf and cross-examine 12,176
witnesses. The prosecuting attorney may present evidence and 12,177
witnesses in rebuttal and in defense of the claim of the state to 12,178
the property and cross-examine witnesses. The court, in making 12,179
its determination, shall consider the testimony and evidence 12,180
presented at the hearing and the relevant portions of the record 12,181
of the criminal proceeding that resulted in the judgment of 12,182
forfeiture. 12,183
(4) If at a hearing held under division (E)(3) of this 12,185
section, the court, by a preponderance of the evidence, 12,186
determines either that the petitioner has a legal right, title, 12,187
or interest in the property that, at the time of the commission 12,188
281
of the acts giving rise to the forfeiture of the property, was 12,189
vested in the petitioner and not in the defendant or the 12,190
adjudicated delinquent child or was superior to the right, title, 12,191
or interest of the defendant or the adjudicated delinquent child, 12,192
or that the petitioner is a bona fide purchaser for value of the 12,193
right, title, or interest in the property and was at the time of 12,194
the purchase reasonably without cause to believe that the 12,195
property was subject to forfeiture under this section, it shall 12,196
amend, in accordance with its determination, the judgment of 12,197
forfeiture to protect the rights of innocent persons. 12,198
(F) Except as provided in division (E) of this section, no 12,200
person claiming an interest in property that is subject to 12,201
forfeiture under this section shall do either of the following: 12,202
(1) Intervene in a trial or appeal of a criminal case or a 12,204
delinquency case that involves the forfeiture of the property; 12,205
(2) File an action against the state concerning the 12,207
validity of the person's alleged interest in the property 12,208
subsequent to the filing of the indictment, count in the 12,210
indictment, or information, or the filing of the complaint, 12,211
INDICTMENT, OR INFORMATION in juvenile court, that alleges that 12,213
the property is subject to forfeiture under this section. 12,214
(G) As used in this section, "law enforcement agency" 12,216
includes, but is not limited to, the state board of pharmacy. 12,217
Sec. 2923.33. (A) At any time after an indictment is 12,226
filed alleging a violation of section 2923.32 of the Revised Code 12,227
or a conspiracy to violate that section or after a complaint, 12,228
INDICTMENT OR INFORMATION is filed in juvenile court alleging a 12,229
violation of that section or a conspiracy to violate that section 12,232
as a delinquent act, the prosecuting attorney may file a motion 12,233
requesting the court to issue an order to preserve the 12,234
reachability of any property that may be subject to forfeiture. 12,235
Upon the filing of the motion, the court, after giving notice to 12,236
any person who will be affected by any order issued by the court 12,237
pursuant to the motion, shall hold a hearing on the motion at 12,238
282
which all affected persons have an opportunity to be heard and, 12,239
upon a showing by the prosecuting attorney by a preponderance of 12,240
the evidence that the particular action is necessary to preserve 12,241
the reachability of any property that may be subject to 12,242
forfeiture and based upon the indictment, may enter a restraining 12,243
order or injunction, require the execution of a satisfactory 12,244
performance bond, or take any other necessary action, including 12,245
the appointment of a receiver. The prosecuting attorney is not 12,246
required to show special or irreparable injury to obtain any 12,247
court action pursuant to this division. Notwithstanding the 12,248
Rules of Evidence, the court's order or injunction may be based 12,249
on hearsay testimony.
(B) If no indictment has been filed alleging a violation 12,251
of section 2923.32 of the Revised Code or a conspiracy to violate 12,252
that section and no complaint, INDICTMENT, OR INFORMATION has 12,253
been filed in juvenile court alleging a violation of that section 12,254
or a conspiracy to violate that section as a delinquent act, the 12,256
court may take any action specified in division (A) of this 12,257
section if the prosecuting attorney for the county, in addition 12,258
to the showing that would be required pursuant to division (A) of 12,259
this section, also shows both of the following by a preponderance 12,260
of the evidence:
(1) There is probable cause to believe that the property 12,262
with respect to which the order is sought, in the event of a 12,263
conviction or a delinquency adjudication, would be subject to 12,264
criminal forfeiture under section 2923.32 of the Revised Code; 12,265
(2) The requested order would not result in irreparable 12,267
harm to the party against whom the order is to be entered that 12,268
outweighs the need to preserve the reachability of the property. 12,269
No order entered pursuant to this division shall be 12,271
effective for more than ninety days, unless it is extended 12,272
pursuant to the procedure provided in this division by the court 12,273
for good cause shown or an indictment is returned alleging that 12,274
the property is subject to forfeiture. 12,275
283
(C) Upon application by the prosecuting attorney, the 12,277
court may grant a temporary restraining order to preserve the 12,278
reachability of property subject to criminal forfeiture under 12,279
section 2923.32 of the Revised Code without notice to any party, 12,280
if all of the following occur: 12,281
(1) Either an indictment or a juvenile delinquency 12,283
complaint, INDICTMENT, OR INFORMATION alleging that property is 12,284
subject to criminal forfeiture has been filed, or the court 12,286
determines that there is probable cause to believe that property 12,287
with respect to which the order is sought would be subject, in 12,288
the event of a conviction or a delinquency adjudication, to 12,289
criminal forfeiture;
(2) The property is in the possession or control of the 12,291
party against whom the order is to be entered; 12,292
(3) The court determines that the nature of the property 12,294
is such that it can be concealed, disposed of, or placed beyond 12,295
the jurisdiction of the court before any party may be heard in 12,296
opposition to the order. 12,297
A temporary restraining order granted without notice to any 12,299
party under this division shall expire within the time, not to 12,300
exceed ten days, that the court fixes, unless extended for good 12,301
cause shown or unless the party against whom it is entered 12,302
consents to an extension for a longer period. If a temporary 12,303
restraining order is granted under this division without notice 12,304
to any party, the court shall hold a hearing concerning the entry 12,305
of an order under this division at the earliest practicable time 12,306
prior to the expiration of the temporary order. 12,307
(D) Following sentencing and the entry of a judgment 12,309
against an offender that includes a fine or an order of criminal 12,310
forfeiture, or both, under section 2923.32 of the Revised Code, 12,311
or following the entry of a judgment against a delinquent child 12,312
that includes an order of criminal forfeiture under that section, 12,313
the court may enter a restraining order or injunction, require 12,314
the execution of a satisfactory performance bond, or take any 12,315
284
other action, including the appointment of a receiver, that the 12,316
court determines to be proper to protect the interests of the 12,317
state or an innocent person. 12,318
Sec. 2923.34. (A) The prosecuting attorney of the county 12,327
in which a violation of section 2923.32 of the Revised Code, or a 12,328
conspiracy to violate that section, occurs may institute a civil 12,329
proceeding as authorized by this section in an appropriate court 12,330
seeking relief from any person whose conduct violated section 12,331
2923.32 of the Revised Code or who conspired to violate that 12,332
section. 12,333
(B) Any person who is injured or threatened with injury by 12,335
a violation of section 2923.32 of the Revised Code may institute 12,336
a civil proceeding in an appropriate court seeking relief from 12,337
any person whose conduct violated or allegedly violated section 12,338
2923.32 of the Revised Code or who conspired or allegedly 12,339
conspired to violate that section, except that the pattern of 12,340
corrupt activity alleged by an injured person or person 12,341
threatened with injury shall include at least one incident other 12,342
than a violation of division (A)(1) or (2) of section 1707.042 or 12,343
division (B), (C)(4), (D), (E), or (F) of section 1707.44 of the 12,344
Revised Code, of 18 U.S.C. 1341, 18 U.S.C. 1343, 18 U.S.C. 2314, 12,345
or any other offense involving fraud in the sale of securities. 12,346
(C) If the plaintiff in a civil action instituted pursuant 12,348
to this section proves the violation by a preponderance of the 12,349
evidence, the court, after making due provision for the rights of 12,350
innocent persons, may grant relief by entering any appropriate 12,351
orders to ensure that the violation will not continue or be 12,352
repeated. The orders may include, but are not limited to, orders 12,353
that: 12,354
(1) Require any defendant in the action to divest himself 12,356
of any THE DIVESTITURE OF THE DEFENDANT'S interest in any 12,357
enterprise or in any real property; 12,358
(2) Impose reasonable restrictions upon the future 12,360
activities or investments of any defendant in the action, 12,361
285
including, but not limited to, restrictions that prohibit the 12,362
defendant from engaging in the same type of endeavor as the 12,363
enterprise in which he THE DEFENDANT was engaged in violation of 12,364
section 2923.32 of the Revised Code; 12,365
(3) Order the dissolution or reorganization of any 12,367
enterprise; 12,368
(4) Order the suspension or revocation of a license, 12,370
permit, or prior approval granted to any enterprise by any 12,371
department or agency of the state; 12,372
(5) Order the dissolution of a corporation organized under 12,374
the laws of this state, or the revocation of the authorization of 12,375
a foreign corporation to conduct business within this state, upon 12,376
a finding that the board of directors or an agent acting on 12,377
behalf of the corporation, in conducting the affairs of the 12,378
corporation, has authorized or engaged in conduct in violation of 12,379
section 2923.32 of the Revised Code, and that, for the prevention 12,380
of future criminal conduct, the public interest requires the 12,381
corporation to be dissolved or its license revoked. 12,382
(D) Relief pursuant to division (C)(3), (4), or (5) of 12,384
this section shall not be granted in any civil proceeding 12,385
instituted by an injured person unless the attorney general 12,386
intervenes in the civil action pursuant to this division. 12,387
Upon the filing of a civil proceeding for relief under 12,389
division (C)(3), (4), or (5) of this section by an allegedly 12,390
injured person other than a prosecuting attorney, the allegedly 12,391
injured person immediately shall notify the attorney general of 12,392
the filing. The attorney general, upon timely application, may 12,393
intervene in any civil proceeding for relief under division 12,394
(C)(3), (4), or (5) if the attorney general certifies that, in 12,395
his THE ATTORNEY GENERAL'S opinion, the proceeding is of general 12,396
public interest. In any proceeding brought by an injured person 12,397
under division (C)(3), (4), or (5) of this section, the attorney 12,398
general is entitled to the same relief as if the attorney general 12,399
instituted the proceeding. 12,400
286
(E) In a civil proceeding under division (C) of this 12,402
section, the court may grant injunctive relief without a showing 12,403
of special or irreparable injury. 12,404
Pending final determination of a civil proceeding initiated 12,406
under this section, the court may issue a temporary restraining 12,407
order or a preliminary injunction upon a showing of immediate 12,408
danger or significant injury to the plaintiff, including the 12,409
possibility that any judgment for money damages might be 12,410
difficult to execute, and, in a proceeding initiated by an 12,411
aggrieved person, upon the execution of proper bond against 12,412
injury for an improvidently granted injunction. 12,413
(F) In a civil proceeding under division (B) of this 12,415
section, any person directly or indirectly injured by conduct in 12,416
violation of section 2923.32 of the Revised Code or a conspiracy 12,417
to violate that section, other than a violator of that section or 12,418
a conspirator to violate that section, in addition to relief 12,419
under division (C) of this section, shall have a cause of action 12,420
for triple the actual damages he THE PERSON sustained. To 12,421
recover triple damages, the plaintiff shall prove the violation 12,422
or conspiracy to violate that section and actual damages by clear 12,424
and convincing evidence. Damages under this division may 12,425
include, but are not limited to, competitive injury and injury 12,426
distinct from the injury inflicted by corrupt activity. 12,427
(G) In a civil action in which the plaintiff prevails 12,429
under division (C) or (F) of this section, he THE PLAINTIFF shall 12,431
recover reasonable attorney fees in the trial and appellate
courts, and the court shall order the defendant to pay to the 12,432
state, municipal, or county law enforcement agencies that handled 12,433
the investigation and litigation the costs of investigation and 12,434
litigation that reasonably are incurred and that are not ordered 12,435
to be paid pursuant to division (B)(2) of section 2923.32 of the 12,436
Revised Code or division (I) of this section. 12,437
(H) Upon application, based on the evidence presented in 12,439
the case by the plaintiff, as the interests of justice may 12,440
287
require, the trial court may grant a defendant who prevails in a 12,441
civil action brought pursuant to this section all or part of his 12,442
THE DEFENDANT'S costs, including the costs of investigation and 12,443
litigation reasonably incurred, and all or part of his THE 12,444
DEFENDANT'S reasonable attorney fees, unless the court finds that 12,445
special circumstances, including the relative economic position 12,446
of the parties, make an award unjust. 12,447
(I) If a person, other than an individual, is not 12,449
convicted of a violation of section 2923.32 of the Revised Code, 12,450
the prosecuting attorney may institute proceedings against the 12,451
person to recover a civil penalty for conduct that the 12,452
prosecuting attorney proves by clear and convincing evidence is 12,453
in violation of section 2923.32 of the Revised Code. The civil 12,454
penalty shall not exceed one hundred thousand dollars and shall 12,455
be paid into the state treasury to the credit of the corrupt 12,456
activity investigation and prosecution fund created in section 12,457
2923.35 of the Revised Code. If a civil penalty is ordered 12,458
pursuant to this division, the court shall order the defendant to 12,459
pay to the state, municipal, or county law enforcement agencies 12,460
that handled the investigation and litigation the costs of 12,461
investigation and litigation that are reasonably incurred and 12,462
that are not ordered to be paid pursuant to this section. 12,463
(J) A final judgment, decree, or delinquency adjudication 12,465
rendered against the defendant or the adjudicated delinquent 12,466
child in a civil action under this section or in a criminal or 12,467
delinquency action or proceeding for a violation of section 12,468
2923.32 of the Revised Code shall estop the defendant or the 12,469
adjudicated delinquent child in any subsequent civil proceeding 12,470
or action brought by any person as to all matters as to which the 12,471
judgment, decree, or adjudication would be an estoppel as between 12,472
the parties to the civil, criminal, or delinquency proceeding or 12,473
action. 12,474
(K) Notwithstanding any other provision of law providing a 12,476
shorter period of limitations, a civil proceeding or action under 12,477
288
this section may be commenced at any time within five years after 12,478
the unlawful conduct terminates or the cause of action accrues or 12,479
within any longer statutory period of limitations that may be 12,480
applicable. If a criminal proceeding, delinquency proceeding, 12,481
civil action, or other proceeding is brought or intervened in by 12,482
the state to punish, prevent, or restrain any activity that is 12,483
unlawful under section 2923.32 of the Revised Code, the running 12,484
of the period of limitations prescribed by this division with 12,485
respect to any civil action brought under this section by a 12,486
person who is injured by a violation or threatened violation of 12,487
section 2923.32 of the Revised Code, based in whole or in part 12,488
upon any matter complained of in the state prosecution, action, 12,489
or proceeding, shall be suspended during the pendency of the 12,490
state prosecution, action, or proceeding and for two years 12,491
following its termination. 12,492
(L) Personal service of any process in a proceeding under 12,494
this section may be made upon any person outside this state if 12,495
the person was involved in any conduct constituting a violation 12,496
of section 2923.32 of the Revised Code in this state. The person 12,497
is deemed by his THE PERSON'S conduct in violation of section 12,498
2923.32 of the Revised Code to have submitted himself to the 12,500
jurisdiction of the courts of this state for the purposes of this
section.
(M) The application of any civil remedy under this section 12,502
shall not preclude the application of any criminal remedy or 12,503
criminal forfeiture under section 2923.32 of the Revised Code or 12,504
any other provision of law, or the application of any delinquency 12,505
disposition under section 2151.355 CHAPTER 2152. of the Revised 12,507
Code or any other provision of law. 12,508
(N) As used in this section, "law enforcement agency" 12,510
includes, but is not limited to, the state board of pharmacy. 12,511
Sec. 2923.36. (A) Upon the institution of any criminal 12,519
proceeding charging a violation of section 2923.32 of the Revised 12,520
Code, the filing of any complaint, INDICTMENT, OR INFORMATION in 12,521
289
juvenile court alleging a violation of that section as a 12,524
delinquent act, or the institution of any civil proceeding under 12,525
section 2923.32 or 2923.34 of the Revised Code, the state, at any 12,526
time during the pendency of the proceeding, may file a corrupt 12,527
activity lien notice with the county recorder of any county in 12,528
which property subject to forfeiture may be located. No fee 12,529
shall be required for filing the notice. The recorder 12,530
immediately shall record the notice pursuant to section 317.08 of 12,531
the Revised Code.
(B) A corrupt activity lien notice shall be signed by the 12,533
prosecuting attorney who files the lien. The notice shall set 12,534
forth all of the following information: 12,535
(1) The name of the person against whom the proceeding has 12,537
been brought. The prosecuting attorney may specify in the notice 12,538
any aliases, names, or fictitious names under which the person 12,539
may be known. The prosecuting attorney also may specify any 12,540
corporation, partnership, or other entity in which the person has 12,541
an interest subject to forfeiture under section 2923.32 of the 12,542
Revised Code and shall describe in the notice the person's 12,543
interest in the corporation, partnership, or other entity. 12,544
(2) If known to the prosecuting attorney, the present 12,546
residence and business addresses of the person or names set forth 12,547
in the notice; 12,548
(3) A statement that a criminal or delinquency proceeding 12,550
for a violation of section 2923.32 of the Revised Code or a civil 12,551
proceeding under section 2923.32 or 2923.34 of the Revised Code 12,552
has been brought against the person named in the notice, the name 12,553
of the county in which the proceeding has been brought, and the 12,554
case number of the proceeding; 12,555
(4) A statement that the notice is being filed pursuant to 12,557
this section; 12,558
(5) The name and address of the prosecuting attorney 12,560
filing the notice; 12,561
(6) A description of the real or personal property subject 12,563
290
to the notice and of the interest in that property of the person 12,564
named in the notice, to the extent the property and the interest 12,565
of the person in it reasonably is known at the time the 12,566
proceeding is instituted or at the time the notice is filed. 12,567
(C) A corrupt activity lien notice shall apply only to one 12,569
person and, to the extent applicable, any aliases, fictitious 12,570
names, or other names, including names of corporations, 12,571
partnerships, or other entities, to the extent permitted in this 12,572
section. A separate corrupt activity lien notice is required to 12,573
be filed for any other person. 12,574
(D) Within seven days after the filing of each corrupt 12,576
activity lien notice, the prosecuting attorney who files the 12,577
notice shall furnish to the person named in the notice by 12,578
certified mail, return receipt requested, to the last known 12,579
business or residential address of the person, a copy of the 12,580
recorded notice with a notation on it of any county in which the 12,581
notice has been recorded. The failure of the prosecuting 12,582
attorney to furnish a copy of the notice under this section shall 12,583
not invalidate or otherwise affect the corrupt activity lien 12,584
notice when the prosecuting attorney did not know and could not 12,585
reasonably ascertain the address of the person entitled to 12,586
notice. 12,587
After receipt of a copy of the notice under this division, 12,589
the person named in the notice may petition the court to 12,590
authorize the person to post a surety bond in lieu of the lien or 12,591
to otherwise modify the lien as the interests of justice may 12,592
require. The bond shall be in an amount equal to the value of 12,593
the property reasonably known to be subject to the notice and 12,594
conditioned on the payment of any judgment and costs ordered in 12,595
an action pursuant to section 2923.32 or 2923.34 of the Revised 12,596
Code up to the value of the bond. 12,597
(E) From the date of filing of a corrupt activity lien 12,599
notice, the notice creates a lien in favor of the state on any 12,600
personal or real property or any beneficial interest in the 12,601
291
property located in the county in which the notice is filed that 12,602
then or subsequently is owned by the person named in the notice 12,603
or under any of the names set forth in the notice. 12,604
The lien created in favor of the state is superior and 12,606
prior to the interest of any other person in the personal or real 12,607
property or beneficial interest in the property, if the interest 12,608
is acquired subsequent to the filing of the notice. 12,609
(F)(1) Notwithstanding any law or rule to the contrary, in 12,611
conjunction with any civil proceeding brought pursuant to section 12,612
2923.34 of the Revised Code, the prosecuting attorney may file in 12,613
any county, without prior court order, a lis pendens pursuant to 12,614
sections 2703.26 and 2703.27 of the Revised Code. In such a 12,615
case, any person acquiring an interest in the subject property or 12,616
beneficial interest in the property, if the property interest is 12,617
acquired subsequent to the filing of the lis pendens, shall take 12,618
the property or interest subject to the civil proceeding and any 12,619
subsequent judgment. 12,620
(2) If a corrupt activity lien notice has been filed, the 12,622
prosecuting attorney may name as a defendant in the lis pendens, 12,623
in addition to the person named in the notice, any person 12,624
acquiring an interest in the personal or real property or 12,625
beneficial interest in the property subsequent to the filing of 12,626
the notice. If a judgment of forfeiture is entered in the 12,627
criminal or delinquency proceeding pursuant to section 2923.32 of 12,628
the Revised Code in favor of the state, the interest of any 12,629
person in the property that was acquired subsequent to the filing 12,630
of the notice shall be subject to the notice and judgment of 12,631
forfeiture. 12,632
(G) Upon a final judgment of forfeiture in favor of the 12,634
state pursuant to section 2923.32 of the Revised Code, title of 12,635
the state to the forfeited property shall do either of the 12,636
following: 12,637
(1) In the case of real property, or a beneficial interest 12,639
in it, relate back to the date of filing of the corrupt activity 12,640
292
lien notice in the county where the property or interest is 12,641
located. If no corrupt activity lien notice was filed, title of 12,642
the state relates back to the date of the filing of any lis 12,643
pendens under division (F) of this section in the records of the 12,644
county recorder of the county in which the real property or 12,645
beneficial interest is located. If no corrupt activity lien 12,646
notice or lis pendens was filed, title of the state relates back 12,647
to the date of the recording of the final judgment of forfeiture 12,648
in the records of the county recorder of the county in which the 12,649
real property or beneficial interest is located. 12,650
(2) In the case of personal property or a beneficial 12,652
interest in it, relate back to the date on which the property or 12,653
interest was seized by the state, or the date of filing of a 12,654
corrupt activity lien notice in the county in which the property 12,655
or beneficial interest is located. If the property was not 12,656
seized and no corrupt activity lien notice was filed, title of 12,657
the state relates back to the date of the recording of the final 12,658
judgment of forfeiture in the county in which the personal 12,659
property or beneficial interest is located. 12,660
(H) If personal or real property, or a beneficial interest 12,662
in it, that is subject to forfeiture pursuant to section 2923.32 12,663
of the Revised Code is conveyed, alienated, disposed of, or 12,664
otherwise rendered unavailable for forfeiture after the filing of 12,665
either a corrupt activity lien notice, or a criminal or 12,666
delinquency proceeding for a violation of section 2923.32 or a 12,667
civil proceeding under section 2923.32 or 2923.34 of the Revised 12,668
Code, whichever is earlier, the state may bring an action in any 12,669
court of common pleas against the person named in the corrupt 12,670
activity lien notice or the defendant in the criminal, 12,671
delinquency, or civil proceeding to recover the value of the 12,672
property or interest. The court shall enter final judgment 12,673
against the person named in the notice or the defendant for an 12,674
amount equal to the value of the property or interest together 12,675
with investigative costs and attorney's fees incurred by the 12,676
293
state in the action. If a civil proceeding is pending, an action 12,677
pursuant to this section shall be filed in the court in which the 12,678
proceeding is pending. 12,679
(I) If personal or real property, or a beneficial interest 12,681
in it, that is subject to forfeiture pursuant to section 2923.32 12,682
of the Revised Code is alienated or otherwise transferred or 12,683
disposed of after either the filing of a corrupt activity lien 12,684
notice, or the filing of a criminal or delinquency proceeding for 12,685
a violation of section 2923.32 or a civil proceeding under 12,686
section 2923.32 or 2923.34 of the Revised Code, whichever is 12,687
earlier, the transfer or disposal is fraudulent as to the state 12,688
and the state shall have all the rights granted a creditor under 12,689
Chapter 1336. of the Revised Code. 12,690
(J) No trustee, who acquires actual knowledge that a 12,692
corrupt activity lien notice, a criminal or delinquency 12,693
proceeding for a violation of section 2923.32 or a civil 12,694
proceeding under section 2923.32 or 2923.34 of the Revised Code 12,695
has been filed against any person for whom he THE TRUSTEE holds 12,696
legal or record title to personal or real property, shall 12,697
recklessly fail to furnish promptly to the prosecuting attorney 12,698
all of the following: 12,699
(1) The name and address of the person, as known to the 12,701
trustee; 12,702
(2) The name and address, as known to the trustee, of all 12,704
other persons for whose benefit the trustee holds title to the 12,705
property; 12,706
(3) If requested by the prosecuting attorney, a copy of 12,708
the trust agreement or other instrument under which the trustee 12,709
holds title to the property. 12,710
Any trustee who fails to comply with this division is 12,712
guilty of failure to provide corrupt activity lien information, a 12,713
misdemeanor of the first degree. 12,714
(K) If a trustee transfers title to personal or real 12,716
property after a corrupt activity lien notice is filed against 12,717
294
the property, the lien is filed in the county in which the 12,718
property is located, and the lien names a person who holds a 12,719
beneficial interest in the property, the trustee, if he THE 12,720
TRUSTEE has actual notice of the notice, shall be liable to the 12,721
state for the greater of the following: 12,722
(1) The proceeds received directly by the person named in 12,724
the notice as a result of the transfer; 12,725
(2) The proceeds received by the trustee as a result of 12,727
the transfer and distributed to the person named in the notice; 12,728
(3) The fair market value of the interest of the person 12,730
named in the notice in the property transferred. 12,731
However, if the trustee transfers property for at least its 12,733
fair market value and holds the proceeds that otherwise would be 12,734
paid or distributed to the beneficiary, or at the direction of 12,735
the beneficiary or his THE BENEFICIARY'S designee, the liability 12,736
of the trustee shall not exceed the amount of the proceeds held 12,737
by the trustee. 12,738
(L) The filing of a corrupt activity lien notice does not 12,740
constitute a lien on the record title to personal or real 12,741
property owned by the trustee, except to the extent the trustee 12,742
is named in the notice. 12,743
The prosecuting attorney for the county may bring a civil 12,745
action in any court of common pleas to recover from the trustee 12,746
the amounts set forth in division (H) of this section. The 12,747
county may recover investigative costs and attorney's fees 12,748
incurred by the prosecuting attorney. 12,749
(M)(1) This section does not apply to any transfer by a 12,751
trustee under a court order, unless the order is entered in an 12,752
action between the trustee and the beneficiary. 12,753
(2) Unless the trustee has actual knowledge that a person 12,755
owning a beneficial interest in the trust is named in a corrupt 12,756
activity lien notice or otherwise is a defendant in a civil 12,757
proceeding brought pursuant to section 2923.34 of the Revised 12,758
Code, this section does not apply to either of the following: 12,759
295
(a) Any transfer by a trustee required under the terms of 12,761
any trust agreement, if the agreement is a matter of public 12,762
record before the filing of any corrupt activity lien notice; 12,763
(b) Any transfer by a trustee to all of the persons who 12,765
own a beneficial interest in the trust. 12,766
(N) The filing of a corrupt activity lien notice does not 12,768
affect the use to which personal or real property, or a 12,769
beneficial interest in it, that is owned by the person named in 12,770
the notice may be put or the right of the person to receive any 12,771
proceeds resulting from the use and ownership, but not the sale, 12,772
of the property, until a judgment of forfeiture is entered. 12,773
(O) The term of a corrupt activity lien notice is five 12,775
years from the date the notice is filed, unless a renewal notice 12,776
has been filed by the prosecuting attorney of the county in which 12,777
the property or interest is located. The term of any renewal of 12,778
a corrupt activity lien notice granted by the court is five years 12,779
from the date of its filing. A corrupt activity lien notice may 12,780
be renewed any number of times while a criminal or civil 12,781
proceeding under section 2923.32 or 2923.34 of the Revised Code, 12,782
or an appeal from either type of proceeding, is pending. 12,783
(P) The prosecuting attorney who files the corrupt 12,785
activity lien notice may terminate, in whole or part, any corrupt 12,786
activity lien notice or release any personal or real property or 12,787
beneficial interest in the property upon any terms that he THE 12,788
PROSECUTING ATTORNEY determines are appropriate. Any termination 12,789
or release shall be filed by the prosecuting attorney with each 12,791
county recorder with whom the notice was filed. No fee shall be 12,792
imposed for the filing. 12,793
(Q)(1) If no civil proceeding has been brought by the 12,795
prosecuting attorney pursuant to section 2923.34 of the Revised 12,796
Code against the person named in the corrupt activity lien 12,797
notice, the acquittal in a criminal or delinquency proceeding for 12,798
a violation of section 2923.32 of the Revised Code of the person 12,799
named in the notice or the dismissal of a criminal or delinquency 12,800
296
proceeding for such a violation against the person named in the 12,801
notice terminates the notice. In such a case, the filing of the 12,802
notice has no effect. 12,803
(2) If a civil proceeding has been brought pursuant to 12,805
section 2923.34 of the Revised Code with respect to any property 12,806
that is the subject of a corrupt activity lien notice and if the 12,807
criminal or delinquency proceeding brought against the person 12,808
named in the notice for a violation of section 2923.32 of the 12,809
Revised Code has been dismissed or the person named in the notice 12,810
has been acquitted in the criminal or delinquency proceeding for 12,811
such a violation, the notice shall continue for the duration of 12,812
the civil proceeding and any appeals from the civil proceeding, 12,813
except that it shall not continue any longer than the term of the 12,814
notice as determined pursuant to division (O) of this section. 12,815
(3) If no civil proceeding brought pursuant to section 12,817
2923.34 of the Revised Code then is pending against the person 12,818
named in a corrupt activity lien notice, any person so named may 12,819
bring an action against the prosecuting attorney who filed the 12,820
notice, in the county where it was filed, seeking a release of 12,821
the property subject to the notice or termination of the notice. 12,822
In such a case, the court of common pleas promptly shall set a 12,823
date for hearing, which shall be not less than five nor more than 12,824
ten days after the action is filed. The order and a copy of the 12,825
complaint shall be served on the prosecuting attorney within 12,826
three days after the action is filed. At the hearing, the court 12,827
shall take evidence as to whether any personal or real property, 12,828
or beneficial interest in it, that is owned by the person 12,829
bringing the action is covered by the notice or otherwise is 12,830
subject to forfeiture. If the person bringing the action shows 12,831
by a preponderance of the evidence that the notice does not apply 12,832
to him THE PERSON or that any personal or real property, or 12,833
beneficial interest in it, that is owned by him THE PERSON is not 12,835
subject to forfeiture, the court shall enter a judgment
terminating the notice or releasing the personal or real property 12,836
297
or beneficial interest from the notice. 12,837
At a hearing, the court may release from the notice any 12,839
property or beneficial interest upon the posting of security, by 12,840
the person against whom the notice was filed, in an amount equal 12,841
to the value of the property or beneficial interest owned by the 12,842
person. 12,843
(4) The court promptly shall enter an order terminating a 12,845
corrupt activity lien notice or releasing any personal or real 12,846
property or beneficial interest in the property, if a sale of the 12,847
property or beneficial interest is pending and the filing of the 12,848
notice prevents the sale. However, the proceeds of the sale 12,849
shall be deposited with the clerk of the court, subject to the 12,850
further order of the court. 12,851
(R) Notwithstanding any provision of this section, any 12,853
person who has perfected a security interest in personal or real 12,854
property or a beneficial interest in the property for the payment 12,855
of an enforceable debt or other similar obligation prior to the 12,856
filing of a corrupt activity lien notice or a lis pendens in 12,857
reference to the property or interest may foreclose on the 12,858
property or interest as otherwise provided by law. The 12,859
foreclosure, insofar as practical, shall be made so that it 12,860
otherwise will not interfere with a forfeiture under section 12,861
2923.32 of the Revised Code. 12,862
Sec. 2923.44. (A)(1) In accordance with division (B) of 12,871
this section, a person who is convicted of or pleads guilty to a 12,872
violation of section 2923.42 of the Revised Code, and a juvenile 12,874
who is found by a juvenile court to be a delinquent child for an 12,875
act committed in violation of section 2923.42 of the Revised 12,876
Code, loses any right to the possession of property and forfeits 12,877
to the state any right, title, and interest the person may have 12,878
in that property if either of the following applies: 12,879
(a) The property constitutes, or is derived directly or 12,881
indirectly from, any proceeds that the person obtained directly 12,882
or indirectly from the commission of the violation of section 12,884
298
2923.42 of the Revised Code.
(b) The property was used or intended to be used in any 12,886
manner to commit, or to facilitate the commission of, the 12,887
violation of section 2923.42 of the Revised Code. 12,888
(2) All right, title, and interest of a person in property 12,890
described in division (A)(1) of this section vests in the state 12,891
upon the person's commission of the violation of section 2923.42 12,893
of the Revised Code of which the person is convicted or to which 12,894
the person pleads guilty and that is the basis of the forfeiture, 12,895
or upon the juvenile's commission of the act that is a violation 12,897
of section 2923.42 of the Revised Code, that is the basis of the 12,898
juvenile being found to be a delinquent child, and that is the 12,899
basis of the forfeiture. Subject to divisions (F)(3)(b) and 12,901
(5)(b) and (G)(2) of this section, if any right, title, or 12,903
interest in property is vested in this state under division 12,904
(A)(2) of this section and subsequently is transferred to a 12,905
person other than the adult offender or the delinquent child who 12,906
forfeits the right, title, or interest in the property under 12,907
division (A)(1) of this section, then, in accordance with 12,909
division (B) of this section, the right, title, or interest in 12,910
the property may be the subject of a special verdict of 12,911
forfeiture and, after any special verdict of forfeiture, shall be 12,912
ordered forfeited to this state, unless the transferee 12,913
establishes in a hearing held pursuant to division (F) of this 12,914
section that the transferee is a bona fide purchaser for value of 12,915
the right, title, or interest in the property and that, at the
time of its purchase, the transferee was reasonably without cause 12,916
to believe that it was subject to forfeiture under this section. 12,917
(3) The provisions of section 2923.45 of the Revised Code 12,919
that relate to the forfeiture of any right, title, or interest in 12,920
property associated with a violation of section 2923.42 of the 12,921
Revised Code pursuant to a civil action to obtain a civil 12,922
forfeiture do not apply to the forfeiture of any right, title, or 12,923
interest in property described in division (A)(1) of this section 12,924
299
that occurs pursuant to division (B) of this section upon a 12,925
person's conviction of or guilty plea to a violation of section 12,926
2923.42 of the Revised Code or upon a juvenile being found by a 12,928
juvenile court to be a delinquent child for an act that is a 12,929
violation of section 2923.42 of the Revised Code.
(4) Nothing in this section precludes a financial 12,931
institution that has or purports to have a security interest in 12,932
or lien on property described in division (A)(1) of this section 12,933
from commencing a civil action or taking other appropriate legal 12,934
action in connection with the property prior to its disposition 12,935
in accordance with section 2923.46 of the Revised Code for the 12,936
purpose of obtaining possession of the property in order to 12,937
foreclose or otherwise enforce the security interest or lien. A 12,938
financial institution may commence a civil action or take other 12,939
appropriate legal action for that purpose prior to the 12,940
disposition of the property in accordance with section 2923.46 of 12,942
the Revised Code, even if a prosecution for a violation of 12,943
section 2923.42 of the Revised Code or a delinquent child 12,944
proceeding for an act that is a violation of section 2923.42 of 12,945
the Revised Code has been or could be commenced, even if the 12,946
property is or could be the subject of an order of forfeiture 12,947
issued under division (B)(5) of this section, and even if the 12,948
property has been seized or is subject to seizure pursuant to 12,949
division (D) or (E) of this section.
If a financial institution commences a civil action or 12,951
takes any other appropriate legal action as described in division 12,953
(A)(4) of this section, if the financial institution subsequently 12,954
causes the sale of the property prior to its seizure pursuant to 12,955
division (D) or (E) of this section and its disposition pursuant 12,956
to section 2923.46 of the Revised Code, and if the person 12,957
responsible for the conduct of the sale has actual knowledge of 12,958
the commencement of a prosecution for a violation of section 12,960
2923.42 of the Revised Code or of a delinquent child proceeding 12,961
for an act that is a violation of section 2923.42 of the Revised 12,962
300
Code, actual knowledge of a pending forfeiture proceeding under 12,963
division (B) of this section, or actual knowledge of an order of 12,964
forfeiture issued under division (B)(5) of this section, then the 12,965
person responsible for the conduct of the sale shall dispose of 12,966
the proceeds of the sale in the following order: 12,967
(a) First, to the payment of the costs of the sale and to 12,969
the payment of the costs incurred by law enforcement agencies and 12,970
financial institutions in connection with the seizure of, storage 12,971
of, maintenance of, and provision of security for the property. 12,972
As used in this division, "costs" of a financial institution do 12,973
not include attorney's fees incurred by that institution in 12,974
connection with the property. 12,975
(b) Second, the remaining proceeds of the sale after 12,977
compliance with division (A)(4)(a) of this section, to the 12,979
payment in the order of priority of the security interests and 12,980
liens of valid security interests and liens pertaining to the 12,981
property that, at the time of the vesting in the state under 12,982
division (A)(2) of this section of the right, title, or interest 12,983
of the adult or juvenile, are held by known secured parties and 12,984
lienholders; 12,985
(c) Third, the remaining proceeds of the sale after 12,987
compliance with division (A)(4)(b) of this section, to the court 12,989
that has or would have jurisdiction in a prosecution for a 12,990
violation of section 2923.42 of the Revised Code or a delinquent 12,991
child proceeding for an act that is a violation of section 12,993
2923.42 of the Revised Code for disposition in accordance with 12,995
section 2923.46 of the Revised Code.
(B)(1) A criminal forfeiture of any right, title, or 12,997
interest in property described in division (A)(1) of this section 12,998
is precluded unless one of the following applies: 12,999
(a) The indictment, count in the indictment, or 13,001
information charging the violation of section 2923.42 of the 13,002
Revised Code specifies the nature of the right, title, or 13,004
interest of the alleged offender in the property described in 13,005
301
division (A)(1) of this section that is potentially subject to 13,006
forfeiture under this section, or a description of the property 13,007
of the alleged offender that is potentially subject to forfeiture 13,008
under this section, to the extent the right, title, or interest 13,009
in the property or the property reasonably is known at the time 13,010
of the filing of the indictment or information; or the complaint, 13,011
INDICTMENT, OR INFORMATION charging a juvenile with being a 13,012
delinquent child for the commission of an act that is a violation 13,014
of section 2923.42 of the Revised Code specifies the nature of 13,015
the right, title, or interest of the juvenile in the property 13,017
described in division (A)(1) of this section that is potentially 13,018
subject to forfeiture under this section, or a description of the 13,019
property of the juvenile that is potentially subject to 13,020
forfeiture under this section, to the extent the right, title, or 13,021
interest in the property or the property reasonably is known at 13,022
the time of the filing of the complaint, INDICTMENT, OR 13,023
INFORMATION.
(b) The property in question was not reasonably foreseen 13,025
to be subject to forfeiture under this section at the time of the 13,026
filing of the indictment, information, or complaint, the 13,027
prosecuting attorney gave prompt notice to the alleged offender 13,028
or juvenile of that property when it was discovered to be subject 13,029
to forfeiture under this section, and a verdict of forfeiture 13,030
described in division (B)(3) of this section requires the 13,031
forfeiture of that property. 13,032
(2) The specifications described in division (B)(1) of 13,034
this section shall be stated at the end of the body of the 13,035
indictment, count in the indictment, information, or complaint. 13,036
(3)(a) If a person is convicted of or pleads guilty to a 13,038
violation of section 2923.42 of the Revised Code or a juvenile is 13,039
found to be a delinquent child for an act that is a violation of 13,042
section 2923.42 of the Revised Code, then a special proceeding 13,043
shall be conducted in accordance with division (B)(3) of this 13,044
section to determine whether any property described in division 13,046
302
(B)(1)(a) or (b) of this section will be the subject of an order 13,048
of forfeiture under this section. Except as otherwise provided 13,049
in division (B)(3)(b) of this section, the jury in the criminal 13,051
action, the judge in the delinquent child action, or, if the 13,053
criminal action was a nonjury action, the judge in that action 13,054
shall hear and consider testimony and other evidence in the 13,055
proceeding relative to whether any property described in division 13,056
(B)(1)(a) or (b) of this section is subject to forfeiture under 13,058
this section. If the jury or judge determines that the 13,059
prosecuting attorney has established by a preponderance of the 13,060
evidence that any property so described is subject to forfeiture 13,061
under this section, the judge or juvenile judge shall render a 13,062
verdict of forfeiture that specifically describes the right, 13,063
title, or interest in property or the property that is subject to 13,064
forfeiture under this section. The Rules of Evidence shall apply 13,066
in the proceeding. 13,067
(b) If the trier of fact in a criminal action for a 13,070
violation of section 2923.42 of the Revised Code was a jury, 13,071
then, upon the filing of a motion by the person who was convicted 13,072
of or pleaded guilty to the violation of section 2923.42 of the 13,073
Revised Code, the determinations in the proceeding described in 13,075
division (B)(3) of this section instead shall be made by the 13,076
judge in the criminal action.
(4) In a criminal action for a violation of section 13,079
2923.42 of the Revised Code, if the trier of fact is a jury, the 13,080
jury shall not be informed of any specification described in 13,081
division (B)(1)(a) of this section or of any property described 13,082
in that division or division (B)(1)(b) of this section prior to 13,084
the alleged offender being convicted of or pleading guilty to the
violation of section 2923.42 of the Revised Code. 13,086
(5)(a) If a verdict of forfeiture is entered pursuant to 13,088
division (B)(3) of this section, then the court that imposes 13,089
sentence upon a person who is convicted of or pleads guilty to a 13,090
violation of section 2923.42 of the Revised Code, or the juvenile 13,091
303
court that finds a juvenile to be a delinquent child for an act 13,092
that is a violation of section 2923.42 of the Revised Code, in 13,093
addition to any other sentence imposed upon the offender or order 13,094
of disposition imposed upon the delinquent child, shall order 13,095
that the offender or delinquent child forfeit to the state all of 13,096
the offender's or delinquent child's right, title, and interest 13,097
in the property described in division (A)(1) of this section. If 13,098
a person is convicted of or pleads guilty to a violation of 13,099
section 2923.42 of the Revised Code, or a juvenile is found by a 13,100
juvenile court to be a delinquent child for an act that is a 13,101
violation of section 2923.42 of the Revised Code, and derives 13,103
profits or other proceeds from the offense or act, the court that 13,104
imposes sentence or an order of disposition upon the offender or 13,105
delinquent child, in lieu of any fine that the court is otherwise 13,107
authorized or required to impose, may impose upon the offender or 13,108
delinquent child a fine of not more than twice the gross profits 13,109
or other proceeds so derived. 13,110
(b) Notwithstanding any contrary provision of the Revised 13,113
Code, the clerk of the court shall pay all fines imposed pursuant 13,115
to division (B)(5) of this section to the county, municipal 13,116
corporation, township, park district created pursuant to section 13,117
511.18 or 1545.01 of the Revised Code, or state law enforcement 13,119
agencies in this state that were primarily responsible for or 13,120
involved in making the arrest of, and in prosecuting, the 13,121
offender. However, the clerk shall not pay a fine so imposed to 13,122
a law enforcement agency unless the agency has adopted a written 13,123
internal control policy pursuant to division (C)(2) of section 13,124
2923.42 of the Revised Code that addresses the use of the fine 13,125
moneys that it receives under division (B)(5) of this section and 13,126
division (C)(1) of section 2923.42 of the Revised Code. The law 13,129
enforcement agencies shall use the fines imposed and paid 13,131
pursuant to division (B)(5) of this section to subsidize their
efforts pertaining to criminal gangs, in accordance with the 13,132
written internal control policy adopted by the recipient agency 13,133
304
pursuant to division (C)(2) of section 2923.42 of the Revised 13,134
Code.
(6) If any of the property that is described in division 13,136
(A)(1) of this section and that is the subject of an order of 13,137
forfeiture issued under division (B)(5) of this section, because 13,138
of an act of the person who is convicted of or pleads guilty to 13,140
the violation of section 2923.42 of the Revised Code that is the 13,141
basis of the order of forfeiture or an act of the juvenile found 13,142
by a juvenile court to be a delinquent child for an act that is a 13,144
violation of section 2923.42 of the Revised Code and that is the 13,145
basis of the forfeiture, cannot be located upon the exercise of 13,146
due diligence, has been transferred to, sold to, or deposited 13,147
with a third party, has been placed beyond the jurisdiction of 13,148
the court, has been substantially diminished in value, or has 13,149
been commingled with other property that cannot be divided 13,150
without difficulty, the court that issues the order of forfeiture 13,151
shall order the forfeiture of any other property of the offender 13,152
or the delinquent child up to the value of any forfeited property
described in division (B)(6) of this section. 13,154
(C) There shall be a rebuttable presumption that any 13,156
right, title, or interest of a person in property described in 13,157
division (A)(1) of this section is subject to forfeiture under 13,158
division (B) of this section, if the state proves both of the 13,159
following by a preponderance of the evidence: 13,160
(1) The right, title, or interest in the property was 13,162
acquired by the offender or delinquent child during the period of 13,163
the commission of the violation of section 2923.42 of the Revised 13,164
Code, or within a reasonable time after that period. 13,166
(2) There is no likely source for the right, title, or 13,168
interest in the property other than proceeds obtained from the 13,169
commission of the violation of section 2923.42 of the Revised 13,170
Code.
(D)(1) Upon the application of the prosecuting attorney 13,172
who is prosecuting or has jurisdiction to prosecute the violation 13,174
305
of section 2923.42 of the Revised Code, the court of common pleas 13,175
or juvenile court of the county in which property subject to 13,176
forfeiture under division (B) of this section is located, 13,177
whichever is applicable, may issue a restraining order or 13,178
injunction, an order requiring the execution of a satisfactory 13,179
performance bond, or an order taking any other reasonable action 13,180
necessary to preserve the availability of the property, at either 13,181
of the following times:
(a) Upon the filing of an indictment, complaint, or 13,183
information charging a person who has any right, title, or 13,184
interest in the property with the commission of a violation of 13,185
section 2923.42 of the Revised Code and alleging that the 13,186
property with respect to which the order is sought will be 13,187
subject to forfeiture under division (B) of this section if the 13,188
person is convicted of or pleads guilty to the offense, or upon 13,189
the filing of a complaint, INDICTMENT, OR INFORMATION alleging 13,190
that a juvenile who has any right, title, or interest in the 13,191
property is a delinquent child because of the commission of an 13,193
act that is a violation of section 2923.42 of the Revised Code 13,194
and alleging that the property with respect to which the order is 13,196
sought will be subject to forfeiture under division (B) of this 13,197
section if the juvenile is found to be a delinquent child because 13,198
of the commission of that act;
(b) Except as provided in division (D)(3) of this section, 13,201
prior to the filing of an indictment, complaint, or information
charging a person who has any right, title, or interest in the 13,202
property with the commission of a violation of section 2923.42 of 13,204
the Revised Code, or prior to the filing of a complaint, 13,205
INDICTMENT OR INFORMATION alleging that a juvenile who has any 13,208
right, title, or interest in the property is a delinquent child 13,209
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 13,211
all persons known to have any right, title, or interest in the 13,212
property and an opportunity to have a hearing on the order is 13,213
306
given to those persons, the court determines both of the 13,214
following:
(i) There is a substantial probability that the state will 13,216
prevail on the issue of forfeiture and that failure to enter the 13,217
order will result in the property subject to forfeiture being 13,218
destroyed, removed from the jurisdiction of the court, or 13,219
otherwise being made unavailable for forfeiture. 13,220
(ii) The need to preserve the availability of the property 13,222
subject to forfeiture through the entry of the requested order 13,223
outweighs the hardship on any party against whom the order is to 13,224
be entered. 13,225
(2) Except as provided in division (D)(3) of this section, 13,227
an order issued under division (D)(1) of this section is 13,228
effective for not more than ninety days, unless extended by the 13,229
court for good cause shown or unless an indictment, complaint, or 13,230
information charging the commission of a violation of section 13,232
2923.42 of the Revised Code or a complaint, INDICTMENT, OR 13,233
INFORMATION alleging that a juvenile is a delinquent child 13,234
because of the commission of an act that is a violation of 13,235
section 2923.42 of the Revised Code, is filed against any alleged 13,236
adult offender or alleged delinquent child with any right, title, 13,237
or interest in the property that is the subject of the order. 13,238
(3) A court may issue an order under division (D)(1)(b) of 13,241
this section without giving notice or an opportunity for a 13,242
hearing to persons known to have any right, title, or interest in 13,243
property if the prosecuting attorney who is prosecuting or has 13,244
jurisdiction to prosecute the violation of section 2923.42 of the 13,245
Revised Code demonstrates that there is probable cause to believe 13,246
that the property will be subject to forfeiture under division 13,247
(B) of this section if a person with any right, title, or 13,248
interest in the property is convicted of or pleads guilty to a 13,249
violation of section 2923.42 of the Revised Code or a juvenile 13,250
with any right, title, or interest in the property is found by a 13,251
juvenile court to be a delinquent child for an act that is a 13,252
307
violation of section 2923.42 of the Revised Code and that giving
notice or an opportunity for a hearing to persons with any right, 13,254
title, or interest in the property will jeopardize its 13,255
availability for forfeiture. The order shall be a temporary 13,256
order and shall expire not more than ten days after the date on 13,257
which it is entered, unless it is extended for good cause shown 13,258
or unless a person with any right, title, or interest in the 13,259
property that is the subject of the order consents to an 13,260
extension for a longer period. A hearing concerning an order 13,261
issued under division (D)(3) of this section may be requested, 13,262
and, if it is requested, the court shall hold the hearing at the 13,263
earliest possible time prior to the expiration of the order. 13,264
(4) At any hearing held under division (D) of this 13,266
section, the court may receive and consider evidence and 13,267
information that is inadmissible under the Rules of Evidence. 13,269
Each hearing held under division (D) of this section shall be 13,271
recorded by shorthand, by stenotype, or by any other mechanical, 13,272
electronic, or video recording device. If, as a result of a 13,273
hearing under division (D) of this section, property would be 13,274
seized, the recording of and any transcript of the recording of 13,275
that hearing shall not be a public record for purposes of section 13,276
149.43 of the Revised Code until that property has been seized 13,277
pursuant to division (D) of this section. Division (D)(4) of 13,278
this section does not require, authorize, or permit the making 13,280
available for inspection, or the copying, under section 149.43 of 13,281
the Revised Code of any confidential law enforcement 13,282
investigatory record or trial preparation record, as defined in 13,283
that section.
(5) A prosecuting attorney or other law enforcement 13,285
officer may request the court of common pleas of the county in 13,286
which property subject to forfeiture under this section is 13,287
located to issue a warrant authorizing the seizure of that 13,288
property. The request shall be made in the same manner as 13,289
provided for a search warrant. If the court determines that 13,290
308
there is probable cause to believe that the property to be seized 13,291
will be subject to forfeiture under this section when a person 13,292
with any right, title, or interest in the property is convicted 13,293
of or pleads guilty to a violation of section 2923.42 of the 13,295
Revised Code or when a juvenile with any right, title, or 13,296
interest in the property is found by a juvenile court to be a 13,297
delinquent child for an act that is a violation of section 13,298
2923.42 of the Revised Code and if the court determines that any 13,300
order issued under division (D)(1), (2), or (3) of this section 13,301
may not be sufficient to ensure the availability of the property 13,302
for forfeiture, the court shall issue a warrant authorizing the 13,303
seizure of the property. 13,304
(E)(1) Upon the entry of an order of forfeiture under this 13,306
section, the court shall order an appropriate law enforcement 13,307
officer to seize all of the forfeited property upon the terms and 13,308
conditions that the court determines are proper. In addition, 13,309
upon the request of the prosecuting attorney who prosecuted the 13,310
offense or act in violation of section 2923.42 of the Revised 13,312
Code, the court shall enter any appropriate restraining orders or 13,313
injunctions, require the execution of satisfactory performance 13,314
bonds, appoint receivers, conservators, appraisers, accountants, 13,315
or trustees, or take any other action to protect the interest of 13,316
the state in the forfeited property. Any income accruing to or 13,317
derived from property ordered forfeited under this section may be 13,318
used to offset ordinary and necessary expenses related to the 13,319
property that are required by law or that are necessary to 13,320
protect the interest of the state or third parties. 13,321
After forfeited property is seized, the prosecuting 13,323
attorney who prosecuted the offense or act in violation of 13,324
section 2923.42 of the Revised Code shall direct its disposition 13,325
in accordance with section 2923.46 of the Revised Code, making 13,327
due provision for the rights of any innocent persons. Any right, 13,328
title, or interest in property not exercisable by, or 13,329
transferable for value to, the state shall expire and shall not 13,330
309
revert to the offender whose conviction or plea of guilty or act 13,331
as a delinquent child is the basis of the order of forfeiture. 13,332
Neither the adult offender or delinquent child nor any person 13,333
acting in concert with or on behalf of the adult offender or 13,334
delinquent child is eligible to purchase forfeited property at 13,335
any sale held pursuant to section 2923.46 of the Revised Code. 13,336
Upon the application of any person other than the adult 13,338
offender or delinquent child whose right, title, or interest in 13,339
the property is the subject of the order of forfeiture or any 13,340
person acting in concert with or on behalf of the adult offender 13,341
or delinquent child, the court may restrain or stay the sale or 13,343
other disposition of the property pursuant to section 2923.46 of 13,344
the Revised Code pending the conclusion of any appeal of the 13,345
conviction or of the delinquent child adjudication that is the 13,346
basis of the order of forfeiture, if the applicant demonstrates 13,347
that proceeding with the sale or other disposition of the 13,348
property will result in irreparable injury or loss to the 13,349
applicant.
(2) With respect to property that is the subject of an 13,351
order of forfeiture issued under this section, the court that 13,352
issued the order, upon the petition of the prosecuting attorney 13,353
who prosecuted the offense or act in violation of section 2923.42 13,355
of the Revised Code, may do any of the following: 13,357
(a) Grant petitions for mitigation or remission of 13,359
forfeiture, restore forfeited property to victims of a violation 13,360
of section 2923.42 of the Revised Code, or take any other action 13,361
to protect the rights of innocent persons that is in the interest 13,362
of justice and that is not inconsistent with this section; 13,363
(b) Compromise claims that arise under this section; 13,365
(c) Award compensation to persons who provide information 13,367
resulting in a forfeiture under this section; 13,368
(d) Direct the disposition by the prosecuting attorney who 13,370
prosecuted the offense or act in violation of section 2923.42 of 13,372
the Revised Code, in accordance with section 2923.46 of the 13,373
310
Revised Code, of all property ordered forfeited under this 13,374
section, making due provision for the rights of innocent persons; 13,376
(e) Pending the disposition of any property that is the 13,378
subject of an order of forfeiture under this section, take any 13,379
appropriate measures that are necessary to safeguard and maintain 13,380
the property. 13,381
(3) To facilitate the identification and location of 13,383
property that is the subject of an order of forfeiture under this 13,384
section and to facilitate the disposition of petitions for 13,385
remission or mitigation issued under division (E)(2) of this 13,386
section, after the issuance of an order of forfeiture under this 13,387
section and upon application by the prosecuting attorney who 13,388
prosecuted the offense or act in violation of section 2923.42 of 13,390
the Revised Code, the court may order that the testimony of any 13,392
witness relating to the forfeited property be taken by 13,393
deposition, and that any designated book, paper, document, 13,394
record, recording, or other material that is not privileged be 13,395
produced at the same time and place as the testimony, in the same 13,396
manner as provided for the taking of depositions under the Rules 13,397
of Civil Procedure.
(F)(1) Except as provided in divisions (F)(2) to (5) of 13,399
this section, no person claiming any right, title, or interest in 13,400
property subject to forfeiture under this section or section 13,401
2923.45 of the Revised Code may intervene in a criminal trial or 13,403
appeal, or a delinquent child proceeding or appeal, involving the 13,404
forfeiture of the property under this section or in a civil 13,405
action for a civil forfeiture under section 2923.45 of the 13,406
Revised Code or may commence an action at law or equity against 13,408
the state concerning the validity of the person's alleged right,
title, or interest in the property subsequent to the filing of an 13,409
indictment, complaint, or information alleging that the property 13,410
is subject to forfeiture under this section or subsequent to the 13,411
filing of a complaint, INDICTMENT, OR INFORMATION alleging that a 13,413
juvenile who has any right, title, or interest in the property is 13,414
311
a delinquent child because of the commission of an act that is a 13,415
violation of section 2923.42 of the Revised Code and alleging 13,417
that the property is subject to forfeiture under this section. 13,418
(2) After the entry of an order of forfeiture under this 13,420
section, the prosecuting attorney who prosecuted the offense or 13,421
act in violation of section 2923.42 of the Revised Code shall 13,422
conduct or cause to be conducted a search of the appropriate 13,424
public records that relate to the property and shall make or 13,425
cause to be made reasonably diligent inquiries for the purpose of 13,426
identifying persons who have any right, title, or interest in the 13,427
property. The prosecuting attorney then shall cause a notice of 13,428
the order of forfeiture, of the prosecuting attorney's intent to 13,429
dispose of the property in accordance with section 2923.46 of the 13,430
Revised Code, and of the manner of the proposed disposal to be 13,432
given by certified mail, return receipt requested, or by personal 13,433
service to each person who is known, because of the conduct of 13,434
the search, the making of the inquiries, or otherwise, to have 13,435
any right, title, or interest in the property. Additionally, the 13,436
prosecuting attorney shall cause a similar notice to be published 13,437
once a week for two consecutive weeks in a newspaper of general 13,438
circulation in the county in which the property was seized. 13,439
(3)(a) Any person, other than the adult offender whose 13,441
conviction or guilty plea or the delinquent child whose 13,442
adjudication is the basis of the order of forfeiture, who asserts 13,443
a legal right, title, or interest in the property that is the 13,444
subject of the order may petition the court that issued the 13,445
order, within thirty days after the earlier of the final 13,446
publication of notice or the person's receipt of notice under 13,447
division (F)(2) of this section, for a hearing to adjudicate the 13,448
validity of the person's alleged right, title, or interest in the 13,450
property. The petition shall be signed by the petitioner under 13,451
the penalties for falsification as specified in section 2921.13 13,452
of the Revised Code and shall set forth the nature and extent of 13,453
the petitioner's right, title, or interest in the property, the 13,454
312
time and circumstances of the petitioner's acquisition of that 13,455
right, title, or interest, any additional facts supporting the 13,456
petitioner's claim, and the relief sought. 13,457
(b) In lieu of filing a petition as described in division 13,459
(F)(3)(a) of this section, a secured party or other lienholder of 13,461
record that asserts a legal right, title, or interest in the 13,462
property that is the subject of the order, including, but not 13,463
limited to, a mortgage, security interest, or other type of lien, 13,464
may file an affidavit as described in division (F)(3)(b) of this 13,466
section to establish the validity of the alleged right, title, or 13,467
interest in the property. The secured party or lienholder shall 13,468
file the affidavit within thirty days after the earlier of the 13,470
final publication of notice or the receipt of notice under 13,471
division (F)(2) of this section and, except as otherwise provided 13,472
in this section, the affidavit shall constitute prima-facie
evidence of the validity of the secured party's or other 13,473
lienholder's alleged right, title, or interest in the property. 13,474
Unless the prosecuting attorney files a motion challenging the 13,475
affidavit within ten days after its filing and unless the 13,476
prosecuting attorney establishes by a preponderance of the 13,477
evidence at a subsequent hearing before the court that issued the 13,479
forfeiture order, that the secured party or other lienholder does 13,480
not possess the alleged right, title, or interest in the property 13,481
or that the secured party or other lienholder had actual
knowledge of facts pertaining to the violation that was the basis 13,482
of the forfeiture order, the affidavit shall constitute 13,484
conclusive evidence of the validity of the secured party's or 13,485
other lienholder's right, title, or interest in the property and 13,486
shall have the legal effect described in division (G)(2) of this 13,487
section. To the extent practicable and consistent with the 13,488
interests of justice, the court shall hold any hearing held 13,489
pursuant to division (F)(3)(b) of this section within thirty days 13,490
after the prosecuting attorney files the motion. At any such 13,491
hearing, the prosecuting attorney and the secured party or other 13,492
313
lienholder may present evidence and witnesses and may 13,493
cross-examine witnesses.
In order to be valid for the purposes of this division and 13,495
division (G)(2) of this section, the affidavit of a secured party 13,496
or other lienholder shall contain averments that the secured 13,497
party or other lienholder acquired its alleged right, title, or 13,498
interest in the property in the regular course of its business, 13,499
for a specified valuable consideration, without actual knowledge 13,500
of any facts pertaining to the violation that was the basis of 13,501
the forfeiture order, in good faith and without the intent to 13,503
prevent or otherwise impede the state from seizing or obtaining a 13,504
forfeiture of the property under sections 2923.44 to 2923.47 of 13,505
the Revised Code, and prior to the seizure or forfeiture of the 13,506
property under those sections.
(4) Upon receipt of a petition filed under division (F)(3) 13,508
of this section, the court shall hold a hearing to determine the 13,509
validity of the petitioner's right, title, or interest in the 13,510
property that is the subject of the order of forfeiture. To the 13,511
extent practicable and consistent with the interests of justice, 13,512
the court shall hold the hearing within thirty days after the 13,513
filing of the petition. The court may consolidate the hearing on 13,514
the petition with a hearing on any other petition filed by a 13,515
person other than the offender whose conviction or guilty plea or 13,516
adjudication as a delinquent child is the basis of the order of 13,517
forfeiture. At the hearing, the petitioner may testify, present 13,518
evidence and witnesses on the petitioner's behalf, and 13,519
cross-examine witnesses for the state. The state may present 13,520
evidence and witnesses in rebuttal and in defense of its claim to 13,521
the property and cross-examine witnesses for the petitioner. In 13,522
addition to evidence and testimony presented at the hearing, the 13,523
court shall consider the relevant portions of the record in the 13,524
case that resulted in the order of forfeiture. 13,526
(5)(a) The court shall amend its order of forfeiture in 13,528
accordance with its determination if it determines at the hearing 13,530
314
that the petitioner has established either of the following by a 13,531
preponderance of the evidence:
(i) The petitioner has a legal right, title, or interest 13,533
in the property that renders the order of forfeiture completely 13,534
or partially invalid because it was vested in the petitioner, 13,535
rather than the adult offender whose conviction or guilty plea or 13,536
the delinquent child whose adjudication is the basis of the 13,537
order, or was superior to any right, title, or interest of that 13,538
adult offender or delinquent child, at the time of the commission 13,539
of the violation that is the basis of the order. 13,540
(ii) The petitioner is a bona fide purchaser for value of 13,542
the right, title, or interest in the property and was at the time 13,543
of the purchase reasonably without cause to believe that it was 13,544
subject to forfeiture under this section. 13,545
(b) The court also shall amend its order of forfeiture to 13,547
reflect any right, title, or interest of a secured party or other 13,548
lienholder of record in the property subject to the order that 13,549
was established pursuant to division (F)(3)(b) of this section by 13,551
means of an affidavit, or that was established pursuant to that 13,552
division by the failure of a prosecuting attorney to establish, 13,553
in a hearing as described in that division, that the secured 13,554
party or other lienholder did not possess the alleged right, 13,555
title, or interest in the property or that the secured party or 13,556
other lienholder had actual knowledge of facts pertaining to the 13,557
violation that was the basis of the order. 13,558
(G)(1) Subject to division (G)(2) of this section, if the 13,561
court has disposed of all petitions filed under division (F) of 13,562
this section or if no petitions are filed under that division and 13,563
the time for filing petitions under that division has expired, 13,564
the state shall have clear title to all property that is the 13,565
subject of an order of forfeiture issued under this section and 13,566
may warrant good title to any subsequent purchaser or other 13,567
transferee. 13,568
(2) If an affidavit as described in division (F)(3)(b) of 13,571
315
this section is filed in accordance with that division, if the 13,572
affidavit constitutes under the circumstances described in that 13,573
division conclusive evidence of the validity of the right, title, 13,575
or interest of a secured party or other lienholder of record in 13,576
the property subject to a forfeiture order, and if any mortgage, 13,577
security interest, or other type of lien possessed by the secured 13,578
party or other lienholder in connection with the property is not 13,579
satisfied prior to a sale or other disposition of the property 13,580
pursuant to section 2923.46 of the Revised Code, then the right, 13,582
title, or interest of the secured party or other lienholder in 13,583
the property remains valid for purposes of sections 2923.44 to 13,584
2923.47 of the Revised Code and any subsequent purchaser or other 13,585
transferee of the property pursuant to section 2923.46 of the 13,586
Revised Code shall take the property subject to the continued 13,587
validity of the right, title, or interest of the secured party or 13,588
other lienholder in the property.
Sec. 2923.45. (A) The following property is subject to 13,597
forfeiture to the state in a civil action as described in 13,598
division (E) of this section, and no person has any right, title, 13,599
or interest in the following property: 13,600
(1) Any property that constitutes, or is derived directly 13,602
or indirectly from, any proceeds that a person obtained directly 13,603
or indirectly from the commission of an act that, upon the filing 13,604
of an indictment, complaint, or information, could be prosecuted 13,606
as a violation of section 2923.42 of the Revised Code or that, 13,607
upon the filing of a complaint, INDICTMENT, OR INFORMATION, could 13,608
be the basis for finding a juvenile to be a delinquent child for 13,610
committing an act that is a violation of section 2923.42 of the 13,611
Revised Code;
(2) Any property that was used or intended to be used in 13,613
any manner to commit, or to facilitate the commission of, an act 13,614
that, upon the filing of an indictment, complaint, or 13,615
information, could be prosecuted as a violation of section 13,616
2923.42 of the Revised Code or that, upon the filing of a 13,618
316
complaint, INDICTMENT, OR INFORMATION, could be the basis for 13,620
finding a juvenile to be a delinquent child for committing an act 13,621
that is a violation of section 2923.42 of the Revised Code. 13,622
(B)(1) All right, title, and interest in property 13,624
described in division (A) of this section shall vest in the state 13,625
upon the commission of the act giving rise to a civil forfeiture 13,626
under this section. 13,627
(2) The provisions of section 2933.43 of the Revised Code 13,630
relating to the procedures for the forfeiture of contraband do 13,631
not apply to a civil action to obtain a civil forfeiture under 13,632
this section. 13,633
(3) Any property taken or detained pursuant to this 13,635
section is not subject to replevin and is considered to be in the 13,636
custody of the head of the law enforcement agency that seized the 13,637
property. 13,638
This section does not preclude the head of a law 13,640
enforcement agency that seizes property from seeking the 13,641
forfeiture of that property pursuant to federal law. If the head 13,643
of a law enforcement agency that seizes property does not seek 13,644
the forfeiture of that property pursuant to federal law and if 13,645
the property is subject to forfeiture under this section, the 13,646
property is subject only to the orders of the court of common
pleas of the county in which the property is located, and it 13,647
shall be disposed of in accordance with section 2923.46 of the 13,648
Revised Code. 13,649
(4) Nothing in this section precludes a financial 13,651
institution that has or purports to have a security interest in 13,652
or lien on property described in division (A) of this section 13,653
from commencing a civil action or taking other appropriate legal 13,654
action in connection with the property, prior to its disposition 13,655
in accordance with section 2923.46 of the Revised Code, for the 13,657
purpose of obtaining possession of the property in order to
foreclose or otherwise enforce the security interest or lien. A 13,658
financial institution may commence a civil action or take other 13,659
317
appropriate legal action for that purpose prior to the 13,660
disposition of the property in accordance with section 2923.46 of 13,661
the Revised Code, even if a civil action to obtain a civil 13,662
forfeiture has been or could be commenced under this section, 13,663
even if the property is or could be the subject of an order of 13,664
civil forfeiture issued under this section, and even if the 13,665
property has been seized or is subject to seizure pursuant to 13,666
this section. 13,667
If a financial institution commences a civil action or 13,669
takes any other appropriate legal action as described in this 13,670
division, if the financial institution subsequently causes the 13,671
sale of the property prior to its seizure pursuant to this 13,672
section and its disposition pursuant to section 2923.46 of the 13,673
Revised Code, and if the person responsible for the conduct of 13,675
the sale has actual knowledge of the commencement of a civil 13,676
action to obtain a civil forfeiture under this section or actual 13,677
knowledge of an order of civil forfeiture issued under this 13,678
section, then the person responsible for the conduct of the sale 13,679
shall dispose of the proceeds of the sale in the following order: 13,680
(a) First, to the payment of the costs of the sale and to 13,682
the payment of the costs incurred by law enforcement agencies and 13,683
financial institutions in connection with the seizure of, storage 13,684
of, maintenance of, and provision of security for the property. 13,685
As used in this division, "costs" of a financial institution do 13,686
not include attorney's fees incurred by that institution in 13,687
connection with the property. 13,688
(b) Second, the remaining proceeds of the sale after 13,690
compliance with division (B)(4)(a) of this section, to the 13,692
payment in the order of priority of the security interests and 13,693
liens of valid security interests and liens pertaining to the 13,694
property that, at the time of the vesting in the state under 13,695
division (B)(1) of this section of the right, title, or interest 13,697
of the adult or juvenile, are held by known secured parties and
lienholders; 13,698
318
(c) Third, the remaining proceeds of the sale after 13,700
compliance with division (B)(4)(b) of this section, to the court 13,702
that has or would have jurisdiction in a civil action to obtain a
civil forfeiture under this section, for disposition in 13,703
accordance with section 2923.46 of the Revised Code. 13,704
(C)(1) A law enforcement officer may seize any property 13,706
that is subject to civil forfeiture under this section upon 13,709
process, or a warrant as described in division (C)(2) of this 13,710
section, issued by a court of common pleas that has jurisdiction 13,711
over the property. Additionally, a law enforcement officer may
seize the property, without process or a warrant being so issued, 13,713
when any of the following applies: 13,715
(a) The seizure is incident to an arrest, a search under a 13,717
search warrant, a lawful search without a search warrant, or an 13,718
inspection under an administrative inspection warrant. 13,719
(b) The property is the subject of a prior judgment in 13,721
favor of the state in a restraining order, injunction, or other 13,722
preservation order proceeding under section 2923.44 of the 13,723
Revised Code, or is the subject of a forfeiture order issued 13,724
pursuant to that section. 13,725
(c) The law enforcement officer has probable cause to 13,727
believe that the property is directly or indirectly dangerous to 13,728
the public health or safety. 13,729
(d) The initial intrusion by the law enforcement officer 13,731
afforded the officer with plain view of personal property that is 13,732
subject to civil forfeiture in a civil action under this section, 13,733
the initial intrusion by the law enforcement officer was lawful, 13,734
the discovery of the personal property by the law enforcement 13,735
officer was inadvertent, and the incriminating nature of the 13,736
personal property was immediately apparent to the law enforcement 13,737
officer.
(2) For purposes of division (C)(1) of this section, the 13,739
state may request a court of common pleas to issue a warrant that 13,740
authorizes the seizure of property that is subject to civil 13,741
319
forfeiture under this section, in the same manner as provided in 13,742
Criminal Rule 41 and Chapter 2933. of the Revised Code for the 13,744
issuance of a search warrant. For purposes of division (C)(1) of 13,746
this section, any proceeding before a court of common pleas that 13,747
involves a request for the issuance of process, or a warrant as 13,748
described in this division, authorizing the seizure of any 13,749
property that is subject to civil forfeiture under this section 13,750
shall be recorded by shorthand, by stenotype, or by any other 13,751
mechanical, electronic, or video recording device. The recording 13,752
of and any transcript of the recording of such a proceeding shall 13,753
not be a public record for purposes of section 149.43 of the 13,754
Revised Code until the property has been seized pursuant to the 13,756
process or warrant. This division does not require, authorize, 13,758
or permit the making available for inspection, or the copying, 13,759
under section 149.43 of the Revised Code of any confidential law 13,760
enforcement investigatory record or trial preparation record, as 13,761
defined in that section.
(3) If property is seized pursuant to division (C)(1) of 13,763
this section and if a civil action to obtain a civil forfeiture 13,764
under this section, a criminal action that could result in a 13,765
criminal forfeiture under section 2923.44 of the Revised Code, or 13,767
a delinquent child proceeding that could result in a criminal 13,768
forfeiture under that section is not pending at the time of the 13,769
seizure or previously did not occur in connection with the 13,770
property, then the prosecuting attorney of the county in which 13,771
the seizure occurred promptly shall commence a civil action to 13,772
obtain a civil forfeiture under this section in connection with 13,773
the property, unless an indictment, complaint, or information 13,775
alleging the commission of a violation of section 2923.42 of the 13,776
Revised Code or a complaint, OR INDICTMENT, OR INFORMATION 13,777
alleging that a juvenile is a delinquent child because of the 13,779
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 13,782
action. Nothing in division (C)(3) of this section precludes the 13,783
320
filing of an indictment, complaint, or information alleging the 13,784
commission of a violation of section 2923.42 of the Revised Code 13,785
or the filing of a complaint, INDICTMENT, OR INFORMATION alleging 13,786
that a juvenile is a delinquent child because of the commission 13,787
of an act that is a violation of section 2923.42 of the Revised 13,788
Code, after the commencement of a civil action to obtain a civil 13,790
forfeiture under this section.
(D)(1) The filing of an indictment, complaint, or 13,792
information alleging the commission of a violation of section 13,793
2923.42 of the Revised Code that also is the basis of a civil 13,795
action for a civil forfeiture under this section, or the filing 13,796
of a complaint, INDICTMENT, OR INFORMATION alleging that a 13,797
juvenile is a delinquent child because of the commission of an 13,800
act that is a violation of section 2923.42 of the Revised Code, 13,801
and that also is the basis of a civil action for a civil 13,803
forfeiture under this section, upon the motion of the prosecuting 13,804
attorney of the county in which the indictment, complaint, or 13,805
information or the complaint, INDICTMENT, OR INFORMATION in the 13,806
delinquent child proceeding is filed, shall stay the civil 13,807
action.
(2) A civil action to obtain a civil forfeiture under this 13,809
section may be commenced as described in division (E) of this 13,810
section whether or not the adult or juvenile who committed a 13,811
violation of section 2923.42 of the Revised Code or an act that 13,812
is a violation of section 2923.42 of the Revised Code has been 13,813
charged by an indictment, complaint, or information with the 13,814
commission of a violation of that section, has pleaded guilty to 13,815
or been found guilty of a violation of that section, has been 13,816
determined to be a delinquent child for the commission of a 13,817
violation of that section, has been found not guilty of 13,818
committing a violation of that section, or has not been
determined to be a delinquent child for the alleged commission of 13,819
a violation of that section. 13,820
(E)(1) The prosecuting attorney of the county in which 13,822
321
property described in division (A) of this section is located may 13,823
commence a civil action to obtain a civil forfeiture under this 13,824
section by filing in the court of common pleas of that county a 13,825
complaint that requests the issuance of an order of civil 13,826
forfeiture of the property to the state. Notices of the action 13,827
shall be served and published in accordance with division (E)(2) 13,828
of this section. 13,829
(2) Prior to or simultaneously with the commencement of 13,831
the civil action as described in division (E)(1) of this section, 13,832
the prosecuting attorney shall conduct or cause to be conducted a 13,833
search of the appropriate public records that relate to the 13,834
property subject to civil forfeiture, and shall make or cause to 13,835
be made reasonably diligent inquiries, for the purpose of 13,836
identifying persons who have any right, title, or interest in the 13,837
property. The prosecuting attorney then shall cause a notice of 13,838
the commencement of the civil action, together with a copy of the 13,839
complaint filed in it, to be given to each person who is known, 13,840
because of the conduct of the search, the making of the 13,841
inquiries, or otherwise, to have any right, title, or interest in 13,842
the property, by certified mail, return receipt requested, or by 13,843
personal service. Additionally, the prosecuting attorney shall 13,844
cause a similar notice to be published once a week for two 13,845
consecutive weeks in a newspaper of general circulation in the 13,846
county in which the property is located. 13,847
(3) The procedures specified in divisions (F)(3) to (5) of 13,849
section 2923.44 of the Revised Code apply to persons claiming any 13,851
right, title, or interest in property subject to civil forfeiture
under this section. The references in those divisions to the 13,852
adult offender whose conviction or guilty plea, or the delinquent 13,853
child whose adjudication, is the basis of an order of criminal 13,854
forfeiture shall be construed for purposes of this section to 13,855
mean the adult or juvenile who committed the act that could be 13,856
the basis of an order of civil forfeiture under this section, and 13,857
the references in those divisions to an issued order of criminal 13,858
322
forfeiture shall be inapplicable. 13,859
(4) A hearing shall be held in the civil action described 13,861
in division (E)(1) of this section at least thirty days after the 13,862
final publication of notice as required by division (E)(2) of 13,863
this section and after the date of completion of the service of 13,864
notice by personal service or certified mail, return receipt 13,865
requested, as required by that division. Following the hearing, 13,866
the court shall issue the requested order of civil forfeiture if 13,867
the court determines that the prosecuting attorney has proven by 13,868
clear and convincing evidence that the property in question is 13,869
property as described in division (A)(1) or (2) of this section 13,870
and if the court has disposed of all petitions filed under 13,871
division (E)(3) of this section or no petitions have been so 13,872
filed and the time for filing them has expired. An order of 13,873
civil forfeiture so issued shall state that all right, title, and 13,874
interest in the property in question of the adult or juvenile who 13,875
committed the act that is the basis of the order is forfeited to 13,876
the state and shall make due provision for the right, title, or 13,877
interest in that property of any other person in accordance with 13,878
any determinations made by the court under division (E)(3) of 13,879
this section and in accordance with divisions (F)(5)(b) and 13,881
(G)(2) of section 2923.44 of the Revised Code. 13,882
(5) Subject to division (G)(2) of section 2923.44 of the 13,884
Revised Code, if a court of common pleas enters an order of civil 13,886
forfeiture in accordance with division (E) of this section, the 13,887
state shall have clear title to the property that is the subject 13,888
of the order and may warrant good title to any subsequent 13,889
purchaser or other transferee. 13,890
Sec. 2925.42. (A)(1) In accordance with division (B) of 13,899
this section, a person who is convicted of or pleads guilty to a 13,900
felony drug abuse offense, and any juvenile who is found by a 13,901
juvenile court to be a delinquent child for an act that, if 13,902
committed by an adult, would be a felony drug abuse offense, 13,903
loses any right to the possession of property and forfeits to the 13,904
323
state any right, title, and interest the person may have in that 13,905
property if either of the following applies: 13,906
(a) The property constitutes, or is derived directly or 13,908
indirectly from, any proceeds that the person obtained directly 13,909
or indirectly from the commission of the felony drug abuse 13,910
offense or act. 13,911
(b) The property was used or intended to be used in any 13,913
manner to commit, or to facilitate the commission of, the felony 13,914
drug abuse offense or act. 13,915
(2) All right, title, and interest of a person in property 13,917
described in division (A)(1) of this section vests in the state 13,918
upon the person's commission of the felony drug abuse offense of 13,919
which the person is convicted or to which the person pleads 13,920
guilty and that is the basis of the forfeiture, or upon the 13,921
juvenile's commission of the act that, if committed by an adult, 13,922
would be a felony drug abuse offense, that is the basis of the 13,923
juvenile being found to be a delinquent child, and that is the 13,924
basis of the forfeiture. Subject to divisions (F)(3)(b) and 13,925
(5)(b) and (G)(2) of this section, if any right, title, or 13,926
interest in property is vested in this state under this division 13,927
and subsequently is transferred to a person other than the 13,928
offender who forfeits the right, title, or interest under 13,929
division (A)(1) of this section, then, in accordance with 13,930
division (B) of this section, the right, title, or interest in 13,931
the property may be the subject of a special verdict of 13,932
forfeiture and, after any special verdict of forfeiture, shall be 13,933
ordered forfeited to this state, unless the transferee 13,934
establishes in a hearing held pursuant to division (F) of this 13,935
section that the transferee is a bona fide purchaser for value of 13,936
the right, title, or interest in the property and that, at the
time of its purchase, the transferee was reasonably without cause 13,937
to believe that it was subject to forfeiture under this section. 13,938
(3) The provisions of section 2925.43 of the Revised Code 13,940
that relate to the forfeiture of any right, title, or interest in 13,941
324
property associated with a felony drug abuse offense pursuant to 13,942
a civil action to obtain a civil forfeiture do not apply to the 13,943
forfeiture of any right, title, or interest in property described 13,944
in division (A)(1) of this section that occurs pursuant to 13,945
division (B) of this section upon a person's conviction of or 13,946
guilty plea to a felony drug abuse offense or upon a juvenile 13,947
being found by a juvenile court to be a delinquent child for an 13,948
act that, if committed by an adult, would be a felony drug abuse 13,949
offense. 13,950
(4) Nothing in this section precludes a financial 13,952
institution that has or purports to have a security interest in 13,953
or lien on property described in division (A)(1) of this section 13,954
from commencing a civil action or taking other appropriate legal 13,955
action in connection with the property, prior to its disposition 13,956
in accordance with section 2925.44 of the Revised Code, for the 13,957
purpose of obtaining possession of the property in order to 13,958
foreclose or otherwise enforce the security interest or lien. A 13,959
financial institution may commence a civil action or take other 13,960
appropriate legal action for that purpose prior to the 13,961
disposition of the property in accordance with section 2925.44 of 13,962
the Revised Code, even if a felony drug abuse offense prosecution 13,963
or a delinquent child proceeding for an act that, if committed by 13,964
an adult, would be a felony drug abuse offense has been or could 13,965
be commenced, even if the property is or could be the subject of 13,966
an order of forfeiture issued under division (B)(5) of this 13,967
section, and even if the property has been seized or is subject 13,968
to seizure pursuant to division (D) or (E) of this section. 13,969
If a financial institution commences a civil action or 13,971
takes any other appropriate legal action as described in this 13,972
division, if the financial institution subsequently causes the 13,973
sale of the property prior to its seizure pursuant to division 13,974
(D) or (E) of this section and its disposition pursuant to 13,975
section 2925.44 of the Revised Code, and if the person 13,976
responsible for the conduct of the sale has actual knowledge of 13,977
325
the commencement of a felony drug abuse offense prosecution or of 13,978
a delinquent child proceeding for an act that, if committed by an 13,979
adult, would be a felony drug abuse offense, actual knowledge of 13,980
a pending forfeiture proceeding under division (B) of this 13,981
section, or actual knowledge of an order of forfeiture issued 13,982
under division (B)(5) of this section, then the person 13,983
responsible for the conduct of the sale shall dispose of the 13,984
proceeds of the sale in the following order: 13,985
(a) First, to the payment of the costs of the sale and to 13,987
the payment of the costs incurred by law enforcement agencies and 13,988
financial institutions in connection with the seizure of, storage 13,989
of, maintenance of, and provision of security for the property. 13,990
As used in this division, "costs" of a financial institution do 13,991
not include attorney's fees incurred by that institution in 13,992
connection with the property. 13,993
(b) Second, the remaining proceeds of the sale after 13,995
compliance with division (A)(4)(a) of this section, to the 13,996
payment of valid security interests and liens pertaining to the 13,997
property that, at the time of the vesting of the right, title, or 13,998
interest of the adult or juvenile in the state under division 13,999
(A)(2) of this section, are held by known secured parties and 14,000
lienholders, in the order of priority of those security interests 14,001
and liens; 14,002
(c) Third, the remaining proceeds of the sale after 14,004
compliance with division (A)(4)(b) of this section, to the court 14,005
that has or would have jurisdiction in a felony drug abuse 14,006
offense prosecution or a delinquent child proceeding for an act 14,007
that, if committed by an adult, would be a felony drug abuse 14,008
offense, for disposition in accordance with section 2925.44 of 14,009
the Revised Code. 14,010
(B)(1) A criminal forfeiture of any right, title, or 14,012
interest in property described in division (A)(1) of this section 14,013
is precluded unless one of the following applies: 14,014
(a) The indictment, count in the indictment, or 14,016
326
information charging the felony drug abuse offense specifies the 14,017
nature of the right, title, or interest of the alleged offender 14,018
in the property described in division (A)(1) of this section that 14,019
is potentially subject to forfeiture under this section, or a 14,020
description of the property of the alleged offender that is 14,021
potentially subject to forfeiture under this section, to the 14,022
extent the right, title, or interest in the property or the 14,023
property reasonably is known at the time of the filing of the 14,024
indictment or information; or the complaint, INDICTMENT, OR 14,025
INFORMATION charging a juvenile with being a delinquent child for 14,028
the commission of an act that, if committed by an adult, would be 14,029
a felony drug abuse offense specifies the nature of the right, 14,030
title, or interest of the juvenile in the property described in 14,031
division (A)(1) of this section that is potentially subject to 14,032
forfeiture under this section, or a description of the property 14,033
of the juvenile that is potentially subject to forfeiture under 14,034
this section, to the extent the right, title, or interest in the 14,035
property or the property reasonably is known at the time of the 14,036
filing of the complaint, INDICTMENT, OR INFORMATION. 14,037
(b) The property in question was not reasonably foreseen 14,039
to be subject to forfeiture under this section at the time of the 14,040
filing of the indictment, information, or complaint, the 14,041
prosecuting attorney gave prompt notice to the alleged offender 14,042
or juvenile of that property when it was discovered to be subject 14,043
to forfeiture under this section, and a verdict of forfeiture 14,044
described in division (B)(3) of this section requires the 14,045
forfeiture of that property. 14,046
(2) The specifications described in division (B)(1) of 14,048
this section shall be stated at the end of the body of the 14,049
indictment, count in the indictment, information, or complaint. 14,050
(3)(a) If a person is convicted of or pleads guilty to a 14,052
felony drug abuse offense, or a juvenile is found to be a 14,053
delinquent child for an act that, if committed by an adult, would 14,054
be a felony drug abuse offense, then a special proceeding shall 14,055
327
be conducted in accordance with this division to determine 14,056
whether any property described in division (B)(1)(a) or (b) of 14,057
this section will be the subject of an order of forfeiture under 14,058
this section. Except as otherwise provided in division (B)(3)(b) 14,059
of this section, the jury in the felony drug abuse offense 14,060
criminal action or in the delinquent child action or, if that 14,061
action was a nonjury action, the judge in that action shall hear 14,062
and consider testimony and other evidence in the proceeding 14,063
relative to whether any property described in division (B)(1)(a) 14,064
or (b) of this section is subject to forfeiture under this 14,065
section. If the jury or judge determines that the prosecuting 14,066
attorney has established, by a preponderance of the evidence, 14,067
that any property so described is subject to forfeiture under 14,068
this section, the judge or juvenile judge shall render a verdict 14,069
of forfeiture that specifically describes the right, title, or 14,070
interest in property or the property that is subject to 14,071
forfeiture under this section. The Rules of Evidence shall apply 14,072
in the proceeding. 14,073
(b) If the trier of fact in a felony drug abuse offense 14,075
criminal action or in a delinquent child action was a jury, then, 14,076
upon the filing of a motion by the person who was convicted of or 14,077
pleaded guilty to the felony drug abuse offense or upon the 14,078
filing of a motion by the juvenile who was found to be a 14,079
delinquent child for an act that, if committed by an adult, would 14,080
be a felony drug abuse offense, the determinations in the 14,081
proceeding described in this division instead shall be made by 14,082
the judge in the felony drug abuse offense criminal action or the 14,083
juvenile judge. 14,084
(4) In a felony drug abuse offense criminal action or in a 14,086
delinquent child action, if the trier of fact is a jury, the jury 14,087
shall not be informed of any specification described in division 14,088
(B)(1)(a) of this section or of any property described in that 14,089
division or division (B)(1)(b) of this section prior to the 14,090
alleged offender being convicted of or pleading guilty to the 14,091
328
felony drug abuse offense or prior to the juvenile being found to 14,092
be a delinquent child for the commission of an act that, if 14,093
committed by an adult, would be a felony drug abuse offense. 14,094
(5)(a) If a verdict of forfeiture is entered pursuant to 14,096
division (B)(3) of this section, then the court that imposes 14,097
sentence upon a person who is convicted of or pleads guilty to a 14,098
felony drug abuse offense, or the juvenile court that finds a 14,099
juvenile to be a delinquent child for an act that, if committed 14,100
by an adult, would be a felony drug abuse offense, in addition to 14,101
any other sentence imposed upon the offender or order of 14,102
disposition imposed upon the delinquent child, shall order that 14,103
the offender or delinquent child forfeit to the state all of the 14,105
offender's or delinquent child's right, title, and interest in
the property described in division (A)(1) of this section. If a 14,106
person is convicted of or pleads guilty to a felony drug abuse 14,107
offense, or a juvenile is found by a juvenile court to be a 14,108
delinquent child for an act that, if committed by an adult, would 14,109
be a felony drug abuse offense, and derives profits or other 14,110
proceeds from the offense or act, the court that imposes sentence 14,111
or an order of disposition upon the offender or delinquent child, 14,112
in lieu of any fine that the court is otherwise authorized or 14,114
required to impose, may impose upon the offender or delinquent 14,115
child a fine of not more than twice the gross profits or other 14,116
proceeds so derived. 14,117
(b) Notwithstanding any contrary provision of section 14,119
3719.21 of the Revised Code, all fines imposed pursuant to this 14,120
division shall be paid by the clerk of the court to the county, 14,121
municipal corporation, township, park district, as created 14,122
pursuant to section 511.18 or 1545.01 of the Revised Code, or 14,123
state law enforcement agencies in this state that were primarily 14,124
responsible for or involved in making the arrest of, and in 14,125
prosecuting, the offender. However, no fine so imposed shall be 14,126
paid to a law enforcement agency unless the agency has adopted a 14,127
written internal control policy under division (F)(2) of section 14,129
329
2925.03 of the Revised Code that addresses the use of the fine 14,130
moneys that it receives under this division and division (F)(1) 14,132
of section 2925.03 of the Revised Code. The fines imposed and 14,133
paid pursuant to this division shall be used by the law 14,134
enforcement agencies to subsidize their efforts pertaining to 14,135
drug offenses, in accordance with the written internal control 14,136
policy adopted by the recipient agency under division (F)(2) of 14,138
section 2925.03 of the Revised Code. 14,139
(c) As used in division (B)(5) of this section: 14,141
(i) "Law enforcement agencies" includes, but is not 14,143
limited to, the state board of pharmacy and the office of a 14,144
prosecutor. 14,145
(ii) "Prosecutor" has the same meaning as in section 14,147
2935.01 of the Revised Code. 14,148
(6) If any of the property that is described in division 14,150
(A)(1) of this section and that is the subject of an order of 14,151
forfeiture issued under division (B)(5) of this section, because 14,152
of an act or omission of the person who is convicted of or pleads 14,153
guilty to the felony drug abuse offense that is the basis of the 14,154
order of forfeiture, or an act or omission of the juvenile found 14,155
by a juvenile court to be a delinquent child for an act that, if 14,156
committed by an adult, would be a felony drug abuse offense and 14,157
that is the basis of the forfeiture, cannot be located upon the 14,158
exercise of due diligence, has been transferred to, sold to, or 14,159
deposited with a third party, has been placed beyond the 14,160
jurisdiction of the court, has been substantially diminished in 14,161
value, or has been commingled with other property that cannot be 14,162
divided without difficulty, the court that issues the order of 14,163
forfeiture shall order the forfeiture of any other property of 14,164
the offender up to the value of any forfeited property described 14,165
in this division. 14,166
(C) There shall be a rebuttable presumption that any 14,168
right, title, or interest of a person in property described in 14,169
division (A)(1) of this section is subject to forfeiture under 14,170
330
division (B) of this section, if the state proves both of the 14,171
following by a preponderance of the evidence: 14,172
(1) The right, title, or interest in the property was 14,174
acquired by the offender during the period of the commission of 14,175
the felony drug abuse offense or act that, if committed by an 14,176
adult, would be a felony drug abuse offense, or within a 14,177
reasonable time after that period. 14,178
(2) There is no likely source for the right, title, or 14,180
interest in the property other than proceeds obtained from the 14,181
commission of the felony drug abuse offense or act. 14,182
(D)(1) Upon the application of the prosecuting attorney 14,184
who is prosecuting or has jurisdiction to prosecute the felony 14,185
drug abuse offense or act, the court of common pleas or juvenile 14,186
court of the county in which property subject to forfeiture under 14,187
division (B) of this section is located, whichever is applicable, 14,188
may issue a restraining order or injunction, an order requiring 14,189
the execution of a satisfactory performance bond, or an order 14,190
taking any other reasonable action necessary to preserve the 14,191
availability of the property, at either of the following times: 14,192
(a) Upon the filing of an indictment, complaint, or 14,194
information charging a person who has any right, title, or 14,195
interest in the property with the commission of a felony drug 14,196
abuse offense and alleging that the property with respect to 14,197
which the order is sought will be subject to forfeiture under 14,198
division (B) of this section if the person is convicted of or 14,199
pleads guilty to the offense, or upon the filing of a complaint, 14,200
INDICTMENT, OR INFORMATION alleging that a juvenile who has any 14,201
right, title, or interest in the property is a delinquent child 14,202
because of the commission of an act that, if committed by an 14,204
adult, would be a felony drug abuse offense and alleging that the 14,205
property with respect to which the order is sought will be 14,206
subject to forfeiture under division (B) of this section if the 14,207
juvenile is found to be a delinquent child because of the 14,208
commission of that act;
331
(b) Except as provided in division (D)(3) of this section, 14,210
prior to the filing of an indictment, complaint, or information 14,211
charging a person who has any right, title, or interest in the 14,212
property with the commission of a felony drug abuse offense, or 14,213
prior to the filing of a complaint, INDICTMENT, OR INFORMATION 14,214
alleging that a juvenile who has any right, title, or interest in 14,216
the property is a delinquent child because of the commission of 14,217
an act that, if committed by an adult, would be a felony drug 14,218
abuse offense, if, after notice is given to all persons known to 14,219
have any right, title, or interest in the property and an 14,220
opportunity to have a hearing on the order is given to those 14,221
persons, the court determines both of the following: 14,222
(i) There is a substantial probability that the state will 14,224
prevail on the issue of forfeiture and that failure to enter the 14,225
order will result in the property subject to forfeiture being 14,226
destroyed, removed from the jurisdiction of the court, or 14,227
otherwise being made unavailable for forfeiture. 14,228
(ii) The need to preserve the availability of the property 14,230
subject to forfeiture through the entry of the requested order 14,231
outweighs the hardship on any party against whom the order is to 14,232
be entered. 14,233
(2) Except as provided in division (D)(3) of this section, 14,235
an order issued under division (D)(1) of this section is 14,236
effective for not more than ninety days, unless extended by the 14,237
court for good cause shown or unless an indictment, complaint, or 14,238
information charging the commission of a felony drug abuse 14,239
offense or a complaint, INDICTMENT, OR INFORMATION alleging that 14,240
a juvenile is a delinquent child because of the commission of an 14,243
act that, if committed by an adult, would be a felony drug abuse 14,244
offense, is filed against any alleged adult offender or alleged 14,245
delinquent child with any right, title, or interest in the 14,246
property that is the subject of the order. 14,247
(3) A court may issue an order under division (D)(1)(b) of 14,249
this section without giving notice or an opportunity for a 14,250
332
hearing to persons known to have any right, title, or interest in 14,251
property, if the prosecuting attorney who is prosecuting or has 14,252
jurisdiction to prosecute the felony drug abuse offense or act 14,253
demonstrates that there is probable cause to believe that the 14,254
property will be subject to forfeiture under division (B) of this 14,255
section if a person with any right, title, or interest in the 14,256
property is convicted of or pleads guilty to a felony drug abuse 14,257
offense or a juvenile with any right, title, or interest in the 14,258
property is found by a juvenile court to be a delinquent child 14,259
for an act that, if committed by an adult, would be a felony drug 14,260
abuse offense, and that giving notice or an opportunity for a 14,261
hearing to persons with any right, title, or interest in the 14,262
property will jeopardize its availability for forfeiture. The 14,263
order shall be a temporary order and expire not more than ten 14,264
days after the date on which it is entered, unless it is extended 14,265
for good cause shown or unless a person with any right, title, or 14,266
interest in the property that is the subject of the order 14,267
consents to an extension for a longer period. A hearing 14,268
concerning an order issued under this division may be requested, 14,269
and, if it is requested, the court shall hold the hearing at the 14,270
earliest possible time prior to the expiration of the order. 14,271
(4) At any hearing held under division (D) of this 14,273
section, the court may receive and consider evidence and 14,274
information that is inadmissible under the Rules of Evidence. 14,275
However, each hearing held under division (D) of this section 14,276
shall be recorded by shorthand, by stenotype, or by any other 14,277
mechanical, electronic, or video recording device. If, as a 14,278
result of a hearing under division (D) of this section, property 14,279
would be seized, the recording of and any transcript of the 14,280
recording of that hearing shall not be a public record for 14,281
purposes of section 149.43 of the Revised Code until that 14,282
property has been seized pursuant to division (D) of this 14,283
section. Division (D)(4) of this section shall not be construed 14,284
as requiring, authorizing, or permitting, and does not require, 14,285
333
authorize, or permit, the making available for inspection, or the 14,286
copying, under section 149.43 of the Revised Code of any 14,287
confidential law enforcement investigatory record or trial 14,288
preparation record, as defined in that section. 14,289
(5) A prosecuting attorney or other law enforcement 14,291
officer may request the court of common pleas of the county in 14,292
which property subject to forfeiture under this section is 14,293
located to issue a warrant authorizing the seizure of that 14,294
property. The request shall be made in the same manner as 14,295
provided for a search warrant. If the court determines that 14,296
there is probable cause to believe that the property to be seized 14,297
will be subject to forfeiture under this section when a person 14,298
with any right, title, or interest in the property is convicted 14,299
of or pleads guilty to a felony drug abuse offense or when a 14,300
juvenile with any right, title, or interest in the property is 14,301
found by a juvenile court to be a delinquent child for an act 14,302
that, if committed by an adult, would be a felony drug abuse 14,303
offense, and if the court determines that any order issued under 14,304
division (D)(1), (2), or (3) of this section may not be 14,305
sufficient to ensure the availability of the property for 14,306
forfeiture, the court shall issue a warrant authorizing the 14,307
seizure of the property. 14,308
(E)(1) Upon the entry of an order of forfeiture under this 14,310
section, the court shall order an appropriate law enforcement 14,311
officer to seize all of the forfeited property upon the terms and 14,312
conditions that the court determines are proper. In addition, 14,313
upon the request of the prosecuting attorney who prosecuted the 14,314
felony drug abuse offense or act, the court shall enter any 14,315
appropriate restraining orders or injunctions, require the 14,316
execution of satisfactory performance bonds, appoint receivers, 14,317
conservators, appraisers, accountants, or trustees, or take any 14,318
other action to protect the interest of the state in the 14,319
forfeited property. Any income accruing to or derived from 14,320
property ordered forfeited under this section may be used to 14,321
334
offset ordinary and necessary expenses related to the property 14,322
that are required by law or that are necessary to protect the 14,323
interest of the state or third parties. 14,324
After forfeited property is seized, the prosecuting 14,326
attorney who prosecuted the felony drug abuse offense or act 14,327
shall direct its disposition in accordance with section 2925.44 14,328
of the Revised Code, making due provision for the rights of any 14,329
innocent persons. Any right, title, or interest in property not 14,330
exercisable by, or transferable for value to, the state shall 14,331
expire and shall not revert to the offender whose conviction or 14,332
plea of guilty or act as a delinquent child is the basis of the 14,333
order of forfeiture. Neither the adult offender or delinquent 14,334
child nor any person acting in concert with or on behalf of the 14,336
adult offender or delinquent child is eligible to purchase 14,337
forfeited property at any sale held pursuant to section 2925.44 14,338
of the Revised Code.
Upon the application of any person other than the adult 14,340
offender or delinquent child whose right, title, or interest in 14,341
the property is the subject of the order of forfeiture or any 14,342
person acting in concert with or on behalf of the adult offender 14,343
or delinquent child, the court may restrain or stay the sale or 14,345
other disposition of the property pursuant to section 2925.44 of 14,346
the Revised Code pending the conclusion of any appeal of the 14,347
felony drug abuse offense conviction or of the delinquent child 14,348
adjudication that is the basis of the order of forfeiture, if the 14,349
applicant demonstrates that proceeding with the sale or other 14,350
disposition of the property will result in irreparable injury or 14,351
loss to the applicant.
(2) With respect to property that is the subject of an 14,353
order of forfeiture issued under this section, the court that 14,354
issued the order, upon the petition of the prosecuting attorney 14,355
who prosecuted the felony drug abuse offense or act, may do any 14,356
of the following: 14,357
(a) Grant petitions for mitigation or remission of 14,359
335
forfeiture, restore forfeited property to victims of a felony 14,360
drug abuse offense, or take any other action to protect the 14,361
rights of innocent persons that is in the interest of justice and 14,362
that is not inconsistent with this section; 14,363
(b) Compromise claims that arise under this section; 14,365
(c) Award compensation to persons who provide information 14,367
resulting in a forfeiture under this section; 14,368
(d) Direct the disposition by the prosecuting attorney who 14,370
prosecuted the felony drug abuse offense or act, in accordance 14,371
with section 2925.44 of the Revised Code, of all property ordered 14,372
forfeited under this section, making due provision for the rights 14,373
of innocent persons; 14,374
(e) Pending the disposition of any property that is the 14,376
subject of an order of forfeiture under this section, take any 14,377
appropriate measures that are necessary to safeguard and maintain 14,378
the property. 14,379
(3) To facilitate the identification and location of 14,381
property that is the subject of an order of forfeiture under this 14,382
section and to facilitate the disposition of petitions for 14,383
remission or mitigation issued under division (E)(2) of this 14,384
section, after the issuance of an order of forfeiture under this 14,385
section and upon application by the prosecuting attorney who 14,386
prosecuted the felony drug abuse offense or act, the court may 14,387
order that the testimony of any witness relating to the forfeited 14,388
property be taken by deposition, and that any designated book, 14,389
paper, document, record, recording, or other material that is not 14,390
privileged be produced at the same time and place as the 14,391
testimony, in the same manner as provided for the taking of 14,392
depositions under the Rules of Civil Procedure. 14,393
(F)(1) Except as provided in divisions (F)(2) to (5) of 14,395
this section, no person claiming any right, title, or interest in 14,396
property subject to forfeiture under this section or section 14,397
2925.43 of the Revised Code may intervene in a criminal trial or 14,398
appeal, or a delinquent child proceeding or appeal, involving the 14,399
336
forfeiture of the property under this section or in a civil 14,400
action for a civil forfeiture under section 2925.43 of the 14,401
Revised Code, or may commence an action at law or equity against 14,402
the state concerning the validity of the person's alleged right, 14,403
title, or interest in the property subsequent to the filing of an 14,404
indictment, complaint, or information alleging that the property 14,405
is subject to forfeiture under this section or subsequent to the 14,406
filing of a complaint, INDICTMENT, OR INFORMATION alleging that a 14,408
juvenile who has any right, title, or interest in the property is 14,409
a delinquent child because of the commission of an act that, if 14,410
committed by an adult, would be a felony drug abuse offense and 14,411
alleging that the property is subject to forfeiture under this 14,412
section.
(2) After the entry of an order of forfeiture under this 14,414
section, the prosecuting attorney who prosecuted the felony drug 14,415
abuse offense or act shall conduct or cause to be conducted a 14,416
search of the appropriate public records that relate to the 14,417
property, and make or cause to be made reasonably diligent 14,418
inquiries, for the purpose of identifying persons who have any 14,419
right, title, or interest in the property. The prosecuting 14,420
attorney then shall cause a notice of the order of forfeiture, of 14,421
the prosecuting attorney's intent to dispose of the property in 14,422
accordance with section 2925.44 of the Revised Code, and of the 14,423
manner of the proposed disposal, to be given to each person who 14,425
is known, because of the conduct of the search, the making of the 14,426
inquiries, or otherwise, to have any right, title, or interest in 14,427
the property, by certified mail, return receipt requested, or by 14,428
personal service. Additionally, the prosecuting attorney shall 14,429
cause a similar notice to be published once a week for two 14,430
consecutive weeks in a newspaper of general circulation in the 14,431
county in which the property was seized. 14,432
(3)(a) Any person, other than the adult offender whose 14,434
conviction or guilty plea or the delinquent child whose 14,435
adjudication is the basis of the order of forfeiture, who asserts 14,436
337
a legal right, title, or interest in the property that is the 14,437
subject of the order may petition the court that issued the 14,438
order, within thirty days after the earlier of the final 14,439
publication of notice or the person's receipt of notice under 14,440
division (F)(2) of this section, for a hearing to adjudicate the 14,441
validity of the person's alleged right, title, or interest in the 14,442
property. The petition shall be signed by the petitioner under 14,443
the penalties for falsification as specified in section 2921.13 14,444
of the Revised Code and shall set forth the nature and extent of 14,445
the petitioner's right, title, or interest in the property, the 14,446
time and circumstances of the petitioner's acquisition of that 14,447
right, title, or interest, any additional facts supporting the 14,448
petitioner's claim, and the relief sought. 14,449
(b) In lieu of filing a petition as described in division 14,451
(F)(3)(a) of this section, a secured party or other lienholder of 14,452
record that asserts a legal right, title, or interest in the 14,453
property that is the subject of the order, including, but not 14,454
limited to, a mortgage, security interest, or other type of lien, 14,455
may file an affidavit as described in this division to establish 14,456
the validity of the alleged right, title, or interest in the 14,457
property. The affidavit shall be filed within thirty days after 14,458
the earlier of the final publication of notice or the receipt of 14,459
notice under division (F)(2) of this section and, except as 14,460
otherwise provided in this section, shall constitute prima-facie 14,461
evidence of the validity of the secured party's or other 14,462
lienholder's alleged right, title, or interest in the property. 14,463
Unless the prosecuting attorney files a motion challenging the 14,464
affidavit within ten days after its filing and unless the 14,465
prosecuting attorney establishes, by a preponderance of the 14,466
evidence, at a subsequent hearing before the court that issued 14,467
the forfeiture order, that the secured party or other lienholder 14,468
does not possess the alleged right, title, or interest in the 14,469
property or that the secured party or other lienholder had actual 14,470
knowledge of facts pertaining to the felony drug abuse offense or 14,471
338
act that was the basis of the forfeiture order, the affidavit 14,472
shall constitute conclusive evidence of the validity of the 14,473
secured party's or other lienholder's right, title, or interest 14,474
in the property and shall have the legal effect described in 14,475
division (G)(2) of this section. To the extent practicable and 14,476
consistent with the interests of justice, any such hearing shall 14,477
be held within thirty days after the prosecuting attorney files 14,478
the motion. At any such hearing, the prosecuting attorney and 14,479
the secured party or other lienholder may present evidence and 14,480
witnesses and cross-examine witnesses. 14,481
In order to be valid for the purposes of this division and 14,483
division (G)(2) of this section, the affidavit of a secured party 14,484
or other lienholder shall contain averments that the secured 14,485
party or other lienholder acquired its alleged right, title, or 14,486
interest in the property in the regular course of its business, 14,487
for a specified valuable consideration, without actual knowledge 14,488
of any facts pertaining to the felony drug abuse offense or act 14,489
that was the basis of the forfeiture order, in good faith and 14,490
without the intent to prevent or otherwise impede the state from 14,491
seizing or obtaining a forfeiture of the property under sections 14,492
2925.41 to 2925.45 of the Revised Code, and prior to the seizure 14,493
or forfeiture of the property under those sections. 14,494
(4) Upon receipt of a petition filed under division (F)(3) 14,496
of this section, the court shall hold a hearing to determine the 14,497
validity of the petitioner's right, title, or interest in the 14,498
property that is the subject of the order of forfeiture. To the 14,499
extent practicable and consistent with the interests of justice, 14,500
the hearing shall be held within thirty days after the filing of 14,501
the petition. The court may consolidate the hearing on the 14,502
petition with a hearing on any other petition filed by a person 14,503
other than the offender whose conviction or guilty plea or 14,504
adjudication as a delinquent child is the basis of the order of 14,505
forfeiture. At the hearing, the petitioner may testify, present 14,506
evidence and witnesses on the petitioner's behalf, and 14,507
339
cross-examine witnesses for the state. The state may present 14,508
evidence and witnesses in rebuttal and in defense of its claim to 14,509
the property and cross-examine witnesses for the petitioner. In 14,510
addition to evidence and testimony presented at the hearing, the 14,511
court shall consider the relevant portions of the record in the 14,512
felony drug abuse offense or delinquent child case that resulted 14,513
in the order of forfeiture. 14,514
(5)(a) The court shall amend its order of forfeiture in 14,516
accordance with its determination if it determines, at the 14,517
hearing, that the petitioner has established either of the 14,518
following by a preponderance of the evidence: 14,519
(i) The petitioner has a legal right, title, or interest 14,521
in the property that renders the order of forfeiture completely 14,522
or partially invalid because it was vested in the petitioner, 14,523
rather than the adult offender whose conviction or guilty plea or 14,524
the delinquent child whose adjudication is the basis of the 14,525
order, or was superior to any right, title, or interest of that 14,526
offender, at the time of the commission of the felony drug abuse 14,527
offense or act that is the basis of the order. 14,528
(ii) The petitioner is a bona fide purchaser for value of 14,530
the right, title, or interest in the property and was at the time 14,531
of the purchase reasonably without cause to believe that it was 14,532
subject to forfeiture under this section. 14,533
(b) The court also shall amend its order of forfeiture to 14,535
reflect any right, title, or interest of a secured party or other 14,536
lienholder of record in the property subject to the order that 14,537
was established pursuant to division (F)(3)(b) of this section by 14,538
means of an affidavit, or that was established pursuant to that 14,539
division by the failure of a prosecuting attorney to establish, 14,540
in a hearing as described in that division, that the secured 14,541
party or other lienholder did not possess the alleged right, 14,542
title, or interest in the property or that the secured party or 14,543
other lienholder had actual knowledge of facts pertaining to the 14,544
felony drug abuse offense or act that was the basis of the order. 14,545
340
(G)(1) Subject to division (G)(2) of this section, if the 14,547
court has disposed of all petitions filed under division (F) of 14,548
this section or if no petitions are filed under that division and 14,549
the time for filing petitions under that division has expired, 14,550
the state shall have clear title to all property that is the 14,551
subject of an order of forfeiture issued under this section and 14,552
may warrant good title to any subsequent purchaser or other 14,553
transferee. 14,554
(2) If an affidavit as described in division (F)(3)(b) of 14,556
this section is filed in accordance with that division, if the 14,557
affidavit constitutes, under the circumstances described in that 14,558
division, conclusive evidence of the validity of the right, 14,559
title, or interest of a secured party or other lienholder of 14,560
record in the property subject to a forfeiture order, and if any 14,561
mortgage, security interest, or other type of lien possessed by 14,562
the secured party or other lienholder in connection with the 14,563
property is not satisfied prior to a sale or other disposition of 14,564
the property pursuant to section 2925.44 of the Revised Code, 14,565
then the right, title, or interest of the secured party or other 14,566
lienholder in the property remains valid for purposes of sections 14,567
2925.41 to 2925.45 of the Revised Code and any subsequent 14,568
purchaser or other transferee of the property pursuant to section 14,569
2925.44 of the Revised Code shall take the property subject to 14,570
the continued validity of the right, title, or interest of the 14,571
secured party or other lienholder in the property. 14,572
Sec. 2925.43. (A) The following property is subject to 14,581
forfeiture to the state in a civil action as described in 14,582
division (E) of this section, and no person has any right, title, 14,583
or interest in the following property: 14,584
(1) Any property that constitutes, or is derived directly 14,586
or indirectly from, any proceeds that a person obtained directly 14,587
or indirectly from the commission of an act that, upon the filing 14,588
of an indictment, complaint, or information, could be prosecuted 14,589
as a felony drug abuse offense or that, upon the filing of a 14,590
341
complaint, INDICTMENT, OR INFORMATION, could be the basis for 14,591
finding a juvenile to be a delinquent child for committing an act 14,593
that, if committed by an adult, would be a felony drug abuse 14,594
offense;
(2) Any property that was used or intended to be used in 14,596
any manner to commit, or to facilitate the commission of, an act 14,597
that, upon the filing of an indictment, complaint, or 14,598
information, could be prosecuted as a felony drug abuse offense 14,599
or that, upon the filing of a complaint, INDICTMENT, OR 14,600
INFORMATION, could be the basis for finding a juvenile to be a 14,602
delinquent child for committing an act that, if committed by an 14,603
adult, would be a felony drug abuse offense. 14,604
(B)(1) All right, title, and interest in property 14,606
described in division (A) of this section shall vest in the state 14,607
upon the commission of the act giving rise to a civil forfeiture 14,608
under this section. 14,609
(2) The provisions of section 2933.43 of the Revised Code 14,611
relating to the procedures for the forfeiture of contraband do 14,612
not apply to a civil action to obtain a civil forfeiture under 14,613
this section. 14,614
(3) Any property taken or detained pursuant to this 14,616
section is not subject to replevin and is deemed to be in the 14,617
custody of the head of the law enforcement agency that seized the 14,618
property. 14,619
This section does not preclude the head of a law 14,621
enforcement agency that seizes property from seeking the 14,622
forfeiture of that property pursuant to federal law. However, if 14,623
the head of a law enforcement agency that seizes property does 14,624
not seek the forfeiture of that property pursuant to federal law 14,625
and if the property is subject to forfeiture under this section, 14,626
the property is subject only to the orders of the court of common 14,627
pleas of the county in which the property is located, and it 14,628
shall be disposed of in accordance with section 2925.44 of the 14,629
Revised Code. 14,630
342
(4) Nothing in this section precludes a financial 14,632
institution that has or purports to have a security interest in 14,633
or lien on property described in division (A) of this section 14,634
from commencing a civil action or taking other appropriate legal 14,635
action in connection with the property, prior to its disposition 14,636
in accordance with section 2925.44 of the Revised Code, for the 14,637
purpose of obtaining possession of the property in order to 14,638
foreclose or otherwise enforce the security interest or lien. A 14,639
financial institution may commence a civil action or take other 14,640
appropriate legal action for that purpose prior to the 14,641
disposition of the property in accordance with section 2925.44 of 14,642
the Revised Code, even if a civil action to obtain a civil 14,643
forfeiture has been or could be commenced under this section, 14,644
even if the property is or could be the subject of an order of 14,645
civil forfeiture issued under this section, and even if the 14,646
property has been seized or is subject to seizure pursuant to 14,647
this section. 14,648
If a financial institution commences a civil action or 14,650
takes any other appropriate legal action as described in this 14,651
division, if the financial institution subsequently causes the 14,652
sale of the property prior to its seizure pursuant to this 14,653
section and its disposition pursuant to section 2925.44 of the 14,654
Revised Code, and if the person responsible for the conduct of 14,655
the sale has actual knowledge of the commencement of a civil 14,656
action to obtain a civil forfeiture under this section or actual 14,657
knowledge of an order of civil forfeiture issued under this 14,658
section, then the person responsible for the conduct of the sale 14,659
shall dispose of the proceeds of the sale in the following order: 14,660
(a) First, to the payment of the costs of the sale and to 14,662
the payment of the costs incurred by law enforcement agencies and 14,663
financial institutions in connection with the seizure of, storage 14,664
of, maintenance of, and provision of security for the property. 14,665
As used in this division, "costs" of a financial institution do 14,666
not include attorney's fees incurred by that institution in 14,667
343
connection with the property; 14,668
(b) Second, the remaining proceeds of the sale after 14,670
compliance with division (B)(4)(a) of this section, to the 14,671
payment of valid security interests and liens pertaining to the 14,672
property that, at the time of the vesting of the right, title, or 14,673
interest of the adult or juvenile in the state under division 14,674
(B)(1) of this section, are held by known secured parties and 14,675
lienholders, in the order of priority of those security interests 14,676
and liens; 14,677
(c) Third, the remaining proceeds of the sale after 14,679
compliance with division (B)(4)(b) of this section, to the court 14,680
that has or would have jurisdiction in a civil action to obtain a 14,681
civil forfeiture under this section, for disposition in 14,682
accordance with section 2925.44 of the Revised Code. 14,683
(C)(1) Any property that is subject to civil forfeiture 14,685
under this section may be seized by a law enforcement officer 14,686
upon process, or a warrant as described in division (C)(2) of 14,687
this section, issued by a court of common pleas that has 14,688
jurisdiction over the property. Additionally, a seizure of the 14,689
property, without process or a warrant being so issued, may be 14,690
made by a law enforcement officer when any of the following 14,691
applies: 14,692
(a) The seizure is incident to an arrest, a search under a 14,694
search warrant, a lawful search without a search warrant, or an 14,695
inspection under an administrative inspection warrant. 14,696
(b) The property is the subject of a prior judgment in 14,698
favor of the state in a restraining order, injunction, or other 14,699
preservation order proceeding under section 2925.42 of the 14,700
Revised Code, or is the subject of a forfeiture order issued 14,701
pursuant to that section. 14,702
(c) The law enforcement officer has probable cause to 14,704
believe that the property is directly or indirectly dangerous to 14,705
the public health or safety. 14,706
(d) The initial intrusion by the law enforcement officer 14,708
344
afforded him THE OFFICER with plain view of personal property 14,709
that is subject to civil forfeiture in a civil action under this 14,711
section, the initial intrusion by the law enforcement officer was 14,712
lawful, the discovery of the personal property by the law 14,713
enforcement officer was inadvertent, and the incriminating nature 14,714
of the personal property was immediately apparent to the law 14,715
enforcement officer.
(2) For purposes of division (C)(1) of this section, the 14,717
state may request a court of common pleas to issue a warrant that 14,718
authorizes the seizure of property that is subject to civil 14,719
forfeiture under this section, in the same manner as provided in 14,720
Criminal Rule 41 and Chapter 2933. of the Revised Code for the 14,721
issuance of a search warrant. Additionally, for purposes of 14,722
division (C)(1) of this section, any proceeding before a court of 14,723
common pleas that involves a request for the issuance of process, 14,724
or a warrant as described in this division, authorizing the 14,725
seizure of any property that is subject to civil forfeiture under 14,726
this section shall be recorded by shorthand, by stenotype, or by 14,727
any other mechanical, electronic, or video recording device. The 14,728
recording of and any transcript of the recording of such a 14,729
proceeding shall not be a public record for purposes of section 14,730
149.43 of the Revised Code until the property has been seized 14,731
pursuant to the process or warrant. This division shall not be 14,732
construed as requiring, authorizing, or permitting, and does not 14,733
require, authorize, or permit, the making available for 14,734
inspection, or the copying, under section 149.43 of the Revised 14,735
Code of any confidential law enforcement investigatory record or 14,736
trial preparation record, as defined in that section. 14,737
(3) If property is seized pursuant to division (C)(1) of 14,739
this section and if a civil action to obtain a civil forfeiture 14,740
under this section, a criminal action that could result in a 14,741
criminal forfeiture under section 2925.42 of the Revised Code, or 14,742
a delinquent child proceeding that could result in a criminal 14,743
forfeiture under that section is not pending at the time of the 14,744
345
seizure or previously did not occur in connection with the 14,745
property, then the prosecuting attorney of the county in which 14,746
the seizure occurred promptly shall commence a civil action to 14,747
obtain a civil forfeiture under this section in connection with 14,748
the property, unless an indictment, complaint, or information 14,749
alleging the commission of a felony drug abuse offense or a 14,750
complaint, INDICTMENT, OR INFORMATION alleging that a juvenile is 14,752
a delinquent child because of the commission of an act that, if 14,753
committed by an adult, would be a felony drug abuse offense is 14,754
filed prior to the commencement of the civil action. Nothing in 14,755
this division precludes, or shall be construed as precluding, the 14,756
filing of an indictment, complaint, or information alleging the 14,757
commission of a felony drug abuse offense or the filing of a 14,758
complaint, INDICTMENT, OR INFORMATION alleging that a juvenile is 14,760
a delinquent child because of the commission of an act that, if 14,761
committed by an adult, would be a felony drug abuse offense, 14,762
after the commencement of a civil action to obtain a civil 14,763
forfeiture under this section.
(D)(1) The filing of an indictment, complaint, or 14,765
information alleging the commission of a felony drug abuse 14,766
offense that also is the basis of a civil action for a civil 14,767
forfeiture under this section, or the filing of a complaint, 14,768
INDICTMENT, OR INFORMATION alleging that a juvenile is a 14,769
delinquent child because of the commission of an act that, if 14,771
committed by an adult, would be a felony drug abuse offense, and 14,772
that also is the basis of a civil action for a civil forfeiture 14,773
under this section, upon the motion of the prosecuting attorney 14,774
of the county in which the indictment, complaint, or information 14,775
or the complaint, INDICTMENT, OR INFORMATION in the delinquent 14,776
child proceeding is filed, shall stay the civil action. 14,777
(2) A civil action to obtain a civil forfeiture under this 14,779
section may be commenced as described in division (E) of this 14,780
section whether or not the adult or juvenile who committed a 14,781
felony drug abuse offense or an act that, if committed by an 14,782
346
adult, would be a felony drug abuse offense has been charged by 14,783
an indictment, complaint, or information with the commission of 14,784
such an offense or such an act, has pleaded guilty to or been 14,785
found guilty of such an offense, has been determined to be a 14,786
delinquent child for the commission of such an act, has been 14,787
found not guilty of committing such an offense, or has not been 14,788
determined to be a delinquent child for the alleged commission of 14,789
such an act. 14,790
(E)(1) The prosecuting attorney of the county in which 14,792
property described in division (A) of this section is located may 14,793
commence a civil action to obtain a civil forfeiture under this 14,794
section by filing, in the court of common pleas of that county, a 14,795
complaint that requests the issuance of an order of civil 14,796
forfeiture of the property to the state. Notices of the action 14,797
shall be served and published in accordance with division (E)(2) 14,798
of this section. 14,799
(2) Prior to or simultaneously with the commencement of 14,801
the civil action as described in division (E)(1) of this section, 14,802
the prosecuting attorney shall conduct or cause to be conducted a 14,803
search of the appropriate public records that relate to the 14,804
property subject to civil forfeiture, and make or cause to be 14,805
made reasonably diligent inquiries, for the purpose of 14,806
identifying persons who have any right, title, or interest in the 14,807
property. The prosecuting attorney then shall cause a notice of 14,808
the commencement of the civil action, together with a copy of the 14,809
complaint filed in it, to be given to each person who is known, 14,810
because of the conduct of the search, the making of the 14,811
inquiries, or otherwise, to have any right, title, or interest in 14,812
the property, by certified mail, return receipt requested, or by 14,813
personal service. Additionally, the prosecuting attorney shall 14,814
cause a similar notice to be published once a week for two 14,815
consecutive weeks in a newspaper of general circulation in the 14,816
county in which the property is located. 14,817
(3) The procedures specified in divisions (F)(3) to (5) of 14,819
347
section 2925.42 of the Revised Code apply to persons claiming any 14,820
right, title, or interest in property subject to civil forfeiture 14,821
under this section. The references in those divisions to the 14,822
adult offender whose conviction or guilty plea, or the delinquent 14,823
child whose adjudication, is the basis of an order of criminal 14,824
forfeiture shall be construed for purposes of this section to 14,825
mean the adult or juvenile who committed the act that could be 14,826
the basis of an order of civil forfeiture under this section, and 14,827
the references in those divisions to an issued order of criminal 14,828
forfeiture shall be inapplicable. 14,829
(4) A hearing shall be held in the civil action described 14,831
in division (E)(1) of this section at least thirty days after the 14,832
final publication of notice as required by division (E)(2) of 14,833
this section and after the date of completion of the service of 14,834
notice by personal service or certified mail, return receipt 14,835
requested, as required by that division. Following the hearing, 14,836
the court shall issue the requested order of civil forfeiture if 14,837
the court determines that the prosecuting attorney has proven, by 14,838
clear and convincing evidence, that the property in question is 14,839
property as described in division (A)(1) or (2) of this section, 14,840
and if the court has disposed of all petitions filed under 14,841
division (E)(3) of this section or no petitions have been so 14,842
filed and the time for filing them has expired. An order of 14,843
civil forfeiture so issued shall state that all right, title, and 14,844
interest in the property in question of the adult or juvenile who 14,845
committed the act that is the basis of the order, is forfeited to 14,846
the state and shall make due provision for the right, title, or 14,847
interest in that property of any other person in accordance with 14,848
any determinations made by the court under division (E)(3) of 14,849
this section and in accordance with divisions (F)(5)(b) and 14,850
(G)(2) of section 2925.42 of the Revised Code. 14,851
(5) Subject to division (G)(2) of section 2925.42 of the 14,853
Revised Code, if a court of common pleas enters an order of civil 14,854
forfeiture in accordance with division (E) of this section, the 14,855
348
state shall have clear title to the property that is the subject 14,856
of the order and may warrant good title to any subsequent 14,857
purchaser or other transferee. 14,858
Sec. 2929.01. As used in this chapter: 14,872
(A)(1) "Alternative residential facility" means, subject 14,874
to division (A)(2) of this section, any facility other than an 14,875
offender's home or residence in which an offender is assigned to 14,876
live and that satisfies all of the following criteria: 14,877
(a) It provides programs through which the offender may 14,879
seek or maintain employment or may receive education, training, 14,880
treatment, or habilitation. 14,881
(b) It has received the appropriate license or certificate 14,883
for any specialized education, training, treatment, habilitation, 14,884
or other service that it provides from the government agency that 14,885
is responsible for licensing or certifying that type of 14,886
education, training, treatment, habilitation, or service. 14,887
(2) "Alternative residential facility" does not include a 14,890
community-based correctional facility, jail, halfway house, or 14,891
prison.
(B) "Bad time" means the time by which the parole board 14,893
administratively extends an offender's stated prison term or 14,894
terms pursuant to section 2967.11 of the Revised Code because the 14,895
parole board finds by clear and convincing evidence that the 14,896
offender, while serving the prison term or terms, committed an 14,897
act that is a criminal offense under the law of this state or the 14,898
United States, whether or not the offender is prosecuted for the 14,900
commission of that act.
(C) "Basic probation supervision" means a requirement that 14,903
the offender maintain contact with a person appointed to 14,905
supervise the offender in accordance with sanctions imposed by 14,906
the court or imposed by the parole board pursuant to section 14,907
2967.28 of the Revised Code. "Basic probation supervision"
includes basic parole supervision and basic post-release control 14,908
supervision. 14,909
349
(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and 14,911
"unit dose" have the same meanings as in section 2925.01 of the 14,912
Revised Code.
(E) "Community-based correctional facility" means a 14,915
community-based correctional facility and program or district 14,916
community-based correctional facility and program developed 14,917
pursuant to sections 2301.51 to 2301.56 of the Revised Code. 14,918
(F) "Community control sanction" means a sanction that is 14,921
not a prison term and that is described in section 2929.15, 14,922
2929.16, 2929.17, or 2929.18 of the Revised Code. 14,923
(G) "Controlled substance," "marihuana," "schedule I," and 14,926
"schedule II" have the same meanings as in section 3719.01 of the
Revised Code. 14,927
(H) "Curfew" means a requirement that an offender during a 14,930
specified period of time be at a designated place. 14,931
(I) "Day reporting" means a sanction pursuant to which an 14,934
offender is required each day to report to and leave a center or 14,935
other approved reporting location at specified times in order to 14,936
participate in work, education or training, treatment, and other 14,937
approved programs at the center or outside the center. 14,938
(J) "Deadly weapon" has the same meaning as in section 14,941
2923.11 of the Revised Code. 14,942
(K) "Drug and alcohol use monitoring" means a program 14,945
under which an offender agrees to submit to random chemical 14,946
analysis of the offender's blood, breath, or urine to determine 14,947
whether the offender has ingested any alcohol or other drugs. 14,948
(L) "Drug treatment program" means any program under which 14,951
a person undergoes assessment and treatment designed to reduce or 14,953
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under 14,954
which the person may be required to receive assessment and 14,956
treatment on an outpatient basis or may be required to reside at 14,957
a facility other than the person's home or residence while
undergoing assessment and treatment. 14,958
350
(M) "Economic loss" means any economic detriment suffered 14,961
by a victim as a result of the commission of a felony and 14,962
includes any loss of income due to lost time at work because of 14,964
any injury caused to the victim, and any property loss, medical 14,965
cost, or funeral expense incurred as a result of the commission 14,966
of the felony. 14,967
(N) "Education or training" includes study at, or in 14,970
conjunction with a program offered by, a university, college, or 14,971
technical college or vocational study and also includes the 14,972
completion of primary school, secondary school, and literacy 14,973
curricula or their equivalent.
(O) "Electronically monitored house arrest" has the same 14,976
meaning as in section 2929.23 of the Revised Code. 14,977
(P) "Eligible offender" has the same meaning as in section 14,980
2929.23 of the Revised Code except as otherwise specified in 14,981
section 2929.20 of the Revised Code. 14,982
(Q) "Firearm" has the same meaning as in section 2923.11 14,985
of the Revised Code.
(R) "Halfway house" means a facility licensed by the 14,988
division of parole and community services of the department of
rehabilitation and correction pursuant to section 2967.14 of the 14,990
Revised Code as a suitable facility for the care and treatment of 14,991
adult offenders.
(S) "House arrest" means a period of confinement of an 14,993
eligible offender that is in the eligible offender's home or in 14,995
other premises specified by the sentencing court or by the parole 14,996
board pursuant to section 2967.28 of the Revised Code, that may 14,997
be electronically monitored house arrest, and during which all of 14,998
the following apply: 14,999
(1) The eligible offender is required to remain in the 15,001
eligible offender's home or other specified premises for the 15,003
specified period of confinement, except for periods of time 15,004
during which the eligible offender is at the eligible offender's 15,005
place of employment or at other premises as authorized by the 15,007
351
sentencing court or by the parole board.
(2) The eligible offender is required to report 15,010
periodically to a person designated by the court or parole board. 15,011
(3) The eligible offender is subject to any other 15,013
restrictions and requirements that may be imposed by the 15,014
sentencing court or by the parole board. 15,015
(T) "Intensive probation supervision" means a requirement 15,018
that an offender maintain frequent contact with a person 15,019
appointed by the court, or by the parole board pursuant to
section 2967.28 of the Revised Code, to supervise the offender 15,020
while the offender is seeking or maintaining necessary employment 15,021
and participating in training, education, and treatment programs 15,022
as required in the court's or parole board's order. "Intensive 15,023
probation supervision" includes intensive parole supervision and 15,024
intensive post-release control supervision. 15,025
(U) "Jail" means a jail, workhouse, minimum security jail, 15,028
or other residential facility used for the confinement of alleged 15,029
or convicted offenders that is operated by a political 15,030
subdivision or a combination of political subdivisions of this 15,031
state.
(V) "Delinquent child" has the same meaning as in section 15,033
2151.02 2152.02 of the Revised Code. 15,035
(W) "License violation report" means a report that is made 15,038
by a sentencing court, or by the parole board pursuant to section 15,039
2967.28 of the Revised Code, to the regulatory or licensing board 15,041
or agency that issued an offender a professional license or a 15,042
license or permit to do business in this state and that specifies 15,043
that the offender has been convicted of or pleaded guilty to an 15,044
offense that may violate the conditions under which the 15,045
offender's professional license or license or permit to do 15,046
business in this state was granted or an offense for which the 15,047
offender's professional license or license or permit to do
business in this state may be revoked or suspended. 15,048
(X) "Major drug offender" means an offender who is 15,051
352
convicted of or pleads guilty to the possession of, sale of, or 15,052
offer to sell any drug, compound, mixture, preparation, or 15,053
substance that consists of or contains at least one thousand 15,054
grams of hashish; at least one hundred grams of crack cocaine; at 15,055
least one thousand grams of cocaine that is not crack cocaine; at 15,056
least two thousand five hundred unit doses or two hundred fifty 15,057
grams of heroin; at least five thousand unit doses of L.S.D. or 15,059
five hundred grams of L.S.D. in a liquid concentrate, liquid 15,060
extract, or liquid distillate form; or at least one hundred times 15,061
the amount of any other schedule I or II controlled substance 15,063
other than marihuana that is necessary to commit a felony of the 15,064
third degree pursuant to section 2925.03, 2925.04, 2925.05, or 15,065
2925.11 of the Revised Code that is based on the possession of, 15,066
sale of, or offer to sell the controlled substance. 15,067
(Y) "Mandatory prison term" means any of the following: 15,070
(1) Subject to division (Y)(2) of this section, the term 15,073
in prison that must be imposed for the offenses or circumstances 15,074
set forth in divisions (F)(1) to (8) or (F)(11) of section 15,075
2929.13 and division (D) of section 2929.14 of the Revised Code. 15,077
Except as provided in sections 2925.02, 2925.03, 2925.04, 15,078
2925.05, and 2925.11 of the Revised Code, unless the maximum or 15,079
another specific term is required under section 2929.14 of the 15,080
Revised Code, a mandatory prison term described in this division 15,081
may be any prison term authorized for the level of offense. 15,082
(2) The term of sixty or one hundred twenty days in prison 15,084
that a sentencing court is required to impose for a third or 15,085
fourth degree felony OMVI offense pursuant to division (G)(2) of 15,088
section 2929.13 and division (A)(4) or (8) of section 4511.99 of 15,089
the Revised Code.
(3) The term in prison imposed pursuant to section 2971.03 15,091
of the Revised Code for the offenses and in the circumstances 15,092
described in division (F)(10) of section 2929.13 of the Revised 15,093
Code and that term as modified or terminated pursuant to section 15,096
2971.05 of the Revised Code.
353
(Z) "Monitored time" means a period of time during which 15,099
an offender continues to be under the control of the sentencing 15,100
court or parole board, subject to no conditions other than 15,101
leading a law-abiding life.
(AA) "Offender" means a person who, in this state, is 15,104
convicted of or pleads guilty to a felony or a misdemeanor. 15,105
(BB) "Prison" means a residential facility used for the 15,108
confinement of convicted felony offenders that is under the 15,109
control of the department of rehabilitation and correction but 15,110
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code. 15,111
(CC) "Prison term" includes any of the following sanctions 15,114
for an offender:
(1) A stated prison term; 15,116
(2) A term in a prison shortened by, or with the approval 15,119
of, the sentencing court pursuant to section 2929.20, 2967.26, 15,120
5120.031, 5120.032, or 5120.073 of the Revised Code; 15,121
(3) A term in prison extended by bad time imposed pursuant 15,124
to section 2967.11 of the Revised Code or imposed for a violation 15,125
of post-release control pursuant to section 2967.28 of the 15,126
Revised Code.
(DD) "Repeat violent offender" means a person about whom 15,129
both of the following apply:
(1) The person has been convicted of or has pleaded guilty 15,132
to, and is being sentenced for committing, for complicity in 15,133
committing, or for an attempt to commit, aggravated murder,
murder, involuntary manslaughter, a felony of the first degree 15,134
other than one set forth in Chapter 2925. of the Revised Code, a 15,136
felony of the first degree set forth in Chapter 2925. of the 15,137
Revised Code that involved an attempt to cause serious physical 15,138
harm to a person or that resulted in serious physical harm to a 15,139
person, or a felony of the second degree that involved an attempt 15,140
to cause serious physical harm to a person or that resulted in 15,142
serious physical harm to a person.
354
(2) Either of the following applies: 15,144
(a) The person previously was convicted of or pleaded 15,146
guilty to, and served a prison term for, any of the following: 15,147
(i) Aggravated murder, murder, involuntary manslaughter, 15,149
rape, felonious sexual penetration as it existed under section 15,151
2907.12 of the Revised Code prior to September 3, 1996, a felony 15,152
of the first or second degree that resulted in the death of a 15,153
person or in physical harm to a person, or complicity in or an
attempt to commit any of those offenses; 15,154
(ii) An offense under an existing or former law of this 15,157
state, another state, or the United States that is or was 15,158
substantially equivalent to an offense listed under division 15,159
(DD)(2)(a)(i) of this section and that resulted in the death of a 15,160
person or in physical harm to a person.
(b) The person previously was adjudicated a delinquent 15,162
child for committing an act that if committed by an adult would 15,163
have been an offense listed in division (DD)(2)(a)(i) or (ii) of 15,165
this section, the person was committed to the department of youth 15,166
services for that delinquent act, and the juvenile court in which 15,167
the person was adjudicated a delinquent child made a specific 15,168
finding that the adjudication should be considered a conviction 15,170
for purposes of a determination in the future pursuant to this
chapter as to whether the person is a repeat violent offender. 15,171
(EE) "Sanction" means any penalty imposed upon an offender 15,174
who is convicted of or pleads guilty to an offense, as punishment 15,175
for the offense. "Sanction" includes any sanction imposed 15,176
pursuant to any provision of sections 2929.14 to 2929.18 of the 15,177
Revised Code.
(FF) "Sentence" means the sanction or combination of 15,180
sanctions imposed by the sentencing court on an offender who is 15,181
convicted of or pleads guilty to a felony.
(GG) "Stated prison term" means the prison term, mandatory 15,184
prison term, or combination of all prison terms and mandatory 15,185
prison terms imposed by the sentencing court pursuant to section 15,186
355
2929.14 or 2971.03 of the Revised Code. "Stated prison term" 15,187
includes any credit received by the offender for time spent in 15,188
jail awaiting trial, sentencing, or transfer to prison for the 15,189
offense and any time spent under house arrest or electronically 15,190
monitored house arrest imposed after earning credits pursuant to 15,191
section 2967.193 of the Revised Code. 15,192
(HH) "Victim-offender mediation" means a reconciliation or 15,195
mediation program that involves an offender and the victim of the 15,196
offense committed by the offender and that includes a meeting in 15,197
which the offender and the victim may discuss the offense, 15,198
discuss restitution, and consider other sanctions for the 15,199
offense.
(II) "Fourth degree felony OMVI offense" means a violation 15,202
of division (A) of section 4511.19 of the Revised Code that, 15,204
under section 4511.99 of the Revised Code, is a felony of the 15,206
fourth degree.
(JJ) "Mandatory term of local incarceration" means the 15,209
term of sixty or one hundred twenty days in a jail, a
community-based correctional facility, a halfway house, or an 15,210
alternative residential facility that a sentencing court may 15,211
impose upon a person who is convicted of or pleads guilty to a 15,212
fourth degree felony OMVI offense pursuant to division (G)(1) of 15,213
section 2929.13 of the Revised Code and division (A)(4) or (8) of 15,214
section 4511.99 of the Revised Code. 15,216
(KK) "Designated homicide, assault, or kidnapping 15,218
offense," "sexual motivation specification," "sexually violent 15,219
offense," "sexually violent predator," and "sexually violent 15,220
predator specification" have the same meanings as in section 15,221
2971.01 of the Revised Code.
(LL) "Habitual sex offender," "sexually oriented offense," 15,224
and "sexual predator" have the same meanings as in section
2950.01 of the Revised Code. 15,225
(MM) An offense is "committed in the vicinity of a child" 15,227
if the offender commits the offense within thirty feet of or 15,228
356
within the same residential unit as a child who is under eighteen 15,230
years of age, regardless of whether the offender knows the age of 15,231
the child or whether the offender knows the offense is being 15,232
committed within thirty feet of or within the same residential
unit as the child and regardless of whether the child actually 15,233
views the commission of the offense. 15,234
(NN) "Family or household member" has the same meaning as 15,236
in section 2919.25 of the Revised Code. 15,237
(OO) "Motor vehicle" and "manufactured home" have the same 15,240
meanings as in section 4501.01 of the Revised Code.
(PP) "Detention" and "detention facility" have the same 15,242
meanings as in section 2921.01 of the Revised Code. 15,243
(NN)(QQ) "Third degree felony OMVI offense" means a 15,245
violation of division (A) of section 4511.19 of the Revised Code 15,246
that, under section 4511.99 of the Revised Code, is a felony of 15,247
the third degree.
(QQ)(RR) "Random drug testing" has the same meaning as in 15,249
section 5120.63 of the Revised Code. 15,250
(RR)(SS) "Felony sex offense" has the same meaning as in 15,252
section 2957.28 of the Revised Code. 15,253
Sec. 2929.12. (A) Unless otherwise required by section 15,262
2929.13 or 2929.14 of the Revised Code, a court that imposes a 15,264
sentence under this chapter upon an offender for a felony has
discretion to determine the most effective way to comply with the 15,266
purposes and principles of sentencing set forth in section 15,267
2929.11 of the Revised Code. In exercising that discretion, the 15,268
court shall consider the factors set forth in divisions (B) and 15,269
(C) of this section relating to the seriousness of the conduct 15,271
and the factors provided in divisions (D) and (E) of this section 15,272
relating to the likelihood of the offender's recidivism and, in 15,273
addition, may consider any other factors that are relevant to 15,274
achieving those purposes and principles of sentencing. 15,275
(B) The sentencing court shall consider all of the 15,278
following that apply regarding the offender, the offense, or the
357
victim, and any other relevant factors, as indicating that the 15,279
offender's conduct is more serious than conduct normally 15,280
constituting the offense: 15,281
(1) The physical or mental injury suffered by the victim 15,284
of the offense due to the conduct of the offender was exacerbated 15,285
because of the physical or mental condition or age of the victim. 15,286
(2) The victim of the offense suffered serious physical, 15,289
psychological, or economic harm as a result of the offense. 15,290
(3) The offender held a public office or position of trust 15,293
in the community, and the offense related to that office or
position. 15,294
(4) The offender's occupation, elected office, or 15,296
profession obliged the offender to prevent the offense or bring 15,297
others committing it to justice. 15,298
(5) The offender's professional reputation or occupation, 15,301
elected office, or profession was used to facilitate the offense 15,302
or is likely to influence the future conduct of others. 15,303
(6) The offender's relationship with the victim 15,305
facilitated the offense. 15,306
(7) The offender committed the offense for hire or as a 15,308
part of an organized criminal activity. 15,309
(8) In committing the offense, the offender was motivated 15,312
by prejudice based on race, ethnic background, gender, sexual
orientation, or religion. 15,313
(9) If the offense is a violation of section 2919.25 or a 15,315
violation of section 2903.11, 2903.12, or 2903.13 of the Revised 15,316
Code involving a person who was a family or household member at 15,317
the time of the violation, the offender committed the offense in 15,318
the vicinity of one or more children who are not victims of the 15,319
offense, and the offender or the victim of the offense is a
parent, guardian, custodian, or person in loco parentis of one or 15,320
more of those children. 15,321
(C) The sentencing court shall consider all of the 15,323
following that apply regarding the offender, the offense, or the 15,324
358
victim, and any other relevant factors, as indicating that the 15,325
offender's conduct is less serious than conduct normally 15,326
constituting the offense:
(1) The victim induced or facilitated the offense. 15,328
(2) In committing the offense, the offender acted under 15,330
strong provocation. 15,331
(3) In committing the offense, the offender did not cause 15,334
or expect to cause physical harm to any person or property.
(4) There are substantial grounds to mitigate the 15,336
offender's conduct, although the grounds are not enough to 15,337
constitute a defense. 15,338
(D) The sentencing court shall consider all of the 15,340
following that apply regarding the offender, and any other 15,341
relevant factors, as factors indicating that the offender is 15,343
likely to commit future crimes:
(1) At the time of committing the offense, the offender 15,345
was under release from confinement before trial or sentencing, 15,346
under a sanction imposed pursuant to section 2929.16, 2929.17, or 15,347
2929.18 of the Revised Code, or under post-release control 15,349
pursuant to section 2967.28 or any other provision of the Revised 15,350
Code for an earlier offense. 15,351
(2) The offender previously was adjudicated a delinquent 15,354
child pursuant to Chapter 2151. of the Revised Code PRIOR TO THE 15,355
EFFECTIVE DATE OF THIS AMENDMENT OR PURSUANT TO CHAPTER 2152. OF 15,356
THE REVISED CODE, or the offender has a history of criminal 15,357
convictions.
(3) The offender has not been rehabilitated to a 15,359
satisfactory degree after previously being adjudicated a 15,360
delinquent child pursuant to Chapter 2151. of the Revised Code 15,362
PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT OR PURSUANT TO 15,363
CHAPTER 2152. OF THE REVISED CODE, or the offender has not
responded favorably to sanctions previously imposed for criminal 15,364
convictions. 15,365
(4) The offender has demonstrated a pattern of drug or 15,367
359
alcohol abuse that is related to the offense, and the offender 15,368
refuses to acknowledge that the offender has demonstrated that 15,369
pattern, or the offender refuses treatment for the drug or 15,370
alcohol abuse.
(5) The offender shows no genuine remorse for the offense. 15,372
(E) The sentencing court shall consider all of the 15,374
following that apply regarding the offender, and any other 15,375
relevant factors, as factors indicating that the offender is not 15,376
likely to commit future crimes:
(1) Prior to committing the offense, the offender had not 15,378
been adjudicated a delinquent child. 15,379
(2) Prior to committing the offense, the offender had not 15,381
been convicted of or pleaded guilty to a criminal offense. 15,382
(3) Prior to committing the offense, the offender had led 15,385
a law-abiding life for a significant number of years.
(4) The offense was committed under circumstances not 15,388
likely to recur.
(5) The offender shows genuine remorse for the offense. 15,390
Sec. 2929.23. (A) As used in this section: 15,399
(1) "Electronic monitoring device" means either ANY of the 15,401
following: 15,402
(a) Any device that can be operated by electrical or 15,404
battery power and that conforms with all of the following: 15,405
(i) The device has a transmitter that can be attached to a 15,407
person, that will transmit a specified signal to a receiver of 15,408
the type described in division (A)(1)(a)(ii) of this section if 15,409
the transmitter is removed from the person, turned off, or 15,410
altered in any manner without prior court approval in relation to 15,411
electronically monitored house arrest or electronically monitored 15,412
house detention or without prior approval of the department of 15,413
rehabilitation and correction in relation to the use of an 15,414
electronic monitoring device for an inmate on transitional 15,416
control or otherwise is tampered with, that can transmit 15,417
continuously and periodically a signal to that receiver when the 15,418
360
person is within a specified distance from the receiver, and that 15,419
can transmit an appropriate signal to that receiver if the person 15,420
to whom it is attached travels a specified distance from that 15,421
receiver.
(ii) The device has a receiver that can receive 15,423
continuously the signals transmitted by a transmitter of the type 15,424
described in division (A)(1)(a)(i) of this section, can transmit 15,425
continuously those signals by telephone to a central monitoring 15,426
computer of the type described in division (A)(1)(a)(iii) of this 15,427
section, and can transmit continuously an appropriate signal to 15,428
that central monitoring computer if the receiver is turned off or 15,429
altered without prior court approval or otherwise tampered with. 15,430
(iii) The device has a central monitoring computer that 15,432
can receive continuously the signals transmitted by telephone by 15,433
a receiver of the type described in division (A)(1)(a)(ii) of 15,434
this section and can monitor continuously the person to whom an 15,435
electronic monitoring device of the type described in division 15,436
(A)(1)(a) of this section is attached. 15,437
(b) Any device that is not a device of the type described 15,439
in division (A)(1)(a) of this section and that conforms with all 15,440
of the following: 15,441
(i) The device includes a transmitter and receiver that 15,443
can monitor and determine the location of a subject person at any 15,444
time, or at a designated point in time, through the use of a 15,445
central monitoring computer or through other electronic means; 15,446
(ii) The device includes a transmitter and receiver that 15,448
can determine at any time, or at a designated point in time, 15,449
through the use of a central monitoring computer or other 15,450
electronic means the fact that the transmitter is turned off or 15,451
altered in any manner without prior approval of the court in 15,452
relation to electronically monitored house arrest or 15,453
electronically monitored house detention or without prior 15,454
approval of the department of rehabilitation and correction in 15,455
relation to the use of an electronic monitoring device for an 15,457
361
inmate on transitional control or otherwise is tampered with. 15,459
(c) ANY TYPE OF TECHNOLOGY THAT CAN ADEQUATELY TRACK OR 15,461
DETERMINE THE LOCATION OF A SUBJECT PERSON AT ANY TIME AND THAT 15,462
IS APPROVED BY THE DIRECTOR OF REHABILITATION AND CORRECTION, 15,463
INCLUDING, BUT NOT LIMITED TO, ANY SATELLITE TECHNOLOGY, VOICE 15,464
TRACKING SYSTEM, OR RETINAL SCANNING SYSTEM THAT IS SO APPROVED. 15,465
(2) "Certified electronic monitoring device" means an 15,467
electronic monitoring device that has been certified by the 15,468
superintendent of the bureau of criminal identification and 15,469
investigation pursuant to division (C)(1) of this section. 15,470
(3) "Eligible offender" means a person who has been 15,472
convicted of or pleaded guilty to any offense, except that a 15,473
person is not an "eligible offender" if any of the following 15,475
apply in relation to the person, the offense, or the person and 15,476
the offense: 15,477
(a) The person is subject to or is serving a term of life 15,479
imprisonment.
(b) The person is subject to or is serving a mandatory 15,481
prison term imposed under division (F) of section 2929.13, 15,482
division (D) of section 2929.14, or any other section of the 15,483
Revised Code, provided that, after the person has served all of 15,484
the mandatory prison terms so imposed, the person may be an 15,485
eligible offender unless excluded by division (A)(3)(a), (c) or 15,486
(d) of this section. 15,487
(c) The offense is a violation of division (A) of section 15,490
4511.19 of the Revised Code, and the offender is sentenced for
that offense pursuant to division (G)(1) of section 2929.13 of 15,491
the Revised Code and is serving the mandatory term of local 15,493
incarceration of sixty or one hundred twenty consecutive days of 15,494
imprisonment imposed under that division, provided that, after 15,495
the person has served all of the mandatory term of local 15,496
incarceration so imposed, the person may be an eligible offender 15,497
unless excluded by division (A)(3)(a), (b), or (d) of this 15,498
section. 15,499
362
(d) The offense is a violation of division (A) of section 15,502
4511.19 of the Revised Code, and the person is sentenced for that 15,503
offense pursuant to division (G)(2) of section 2929.13 of the 15,504
Revised Code. 15,505
(4) "Electronically monitored house arrest" means a period 15,507
of confinement of an eligible offender in the eligible offender's 15,509
home or in other premises specified by the sentencing court OR A 15,510
PERIOD OF CONFINEMENT OF A DELINQUENT CHILD IN THE CHILD'S HOME 15,511
OR IN OTHER PREMISES SPECIFIED BY THE JUVENILE COURT, during 15,512
which period of confinement all of the following apply: 15,513
(a) The eligible offender OR CHILD wears, otherwise has 15,515
attached to the eligible offender's OR CHILD'S person, or 15,516
otherwise is subject to monitoring by a certified electronic 15,518
monitoring device, or the eligible offender OR CHILD is subject 15,519
to monitoring by a certified electronic monitoring system; 15,520
(b) The eligible offender OR CHILD is required to remain 15,522
in the eligible offender's OR CHILD'S home or other premises 15,524
specified by the sentencing court OR JUVENILE COURT for the 15,525
specified period of confinement, except for periods of time 15,526
during which the eligible offender OR CHILD is at the eligible 15,528
offender's place of employment, AT SCHOOL, or at other premises 15,531
as authorized by the sentencing court;
(c) The eligible offender OR CHILD is subject to 15,533
monitoring by a central system that monitors the certified 15,534
electronic monitoring device that is attached to the eligible 15,535
offender's OR CHILD'S person or that otherwise is being used to 15,537
monitor the eligible offender OR CHILD and that can monitor and 15,538
determine the eligible offender's OR CHILD'S location at any time 15,539
or at a designated point in time, or the eligible offender OR 15,540
CHILD is required to participate in monitoring by a certified 15,541
electronic monitoring system; 15,542
(d) The eligible offender OR CHILD is required by the 15,544
sentencing court OR JUVENILE COURT to report periodically to a 15,545
person designated by the court; 15,546
363
(e) The eligible offender OR CHILD is subject to any other 15,548
restrictions and requirements that may be imposed by the 15,549
sentencing court OR JUVENILE COURT. 15,550
(5) "Electronic monitoring system" means a system by which 15,552
the location of an eligible offender can be verified 15,553
telephonically through the use of voice-activated voice response 15,554
technology that conforms with all of the following: 15,555
(a) It can be programmed to call the telephone or 15,557
telephones assigned to the eligible offender who is the subject 15,559
of the monitoring as often as necessary; 15,560
(b) It is equipped with a voice recognition system that 15,562
can work accurately and reliably under the anticipated conditions 15,563
in which it will operate; 15,564
(c) It is equipped to perform an alarm function if the 15,566
eligible offender who is the subject of monitoring does not 15,568
respond to system commands in the manner required. 15,569
(6) "Certified electronic monitoring system" means an 15,571
electronic monitoring system that has been certified by the 15,572
superintendent of the bureau of criminal identification and 15,573
investigation pursuant to division (C)(1) of this section. 15,574
(7) "Electronically monitored house detention" has the 15,576
same meaning as in section 2151.355 of the Revised Code. 15,577
(8) "Transitional control" means the program of 15,580
transitional control established by the department of 15,581
rehabilitation and correction under section 2967.26 of the 15,582
Revised Code, if the department establishes a program of that 15,583
nature under that section.
(B)(1) Any court may impose as a sanction pursuant to 15,585
sections 2929.15 and 2929.17 of the Revised Code a period of 15,586
electronically monitored house arrest upon an eligible offender 15,587
who is convicted of or pleads guilty to a felony, except that the 15,588
total of any period of electronically monitored house arrest 15,589
imposed upon that eligible offender plus the period of all other 15,590
sanctions imposed upon the same eligible offender pursuant to 15,591
364
sections 2929.15, 2929.16, 2929.17, and 2929.18 of the Revised 15,592
Code shall not exceed five years. Any court may impose a period 15,593
of electronically monitored house arrest upon an eligible 15,594
offender who is convicted of or pleads guilty to a misdemeanor in 15,595
addition to or in lieu of any other sentence imposed or 15,596
authorized for the offense, except that the total of any period 15,597
of electronically monitored house arrest imposed upon that 15,598
eligible offender plus the period of any sentence of imprisonment 15,599
imposed upon the same eligible offender shall not exceed the 15,600
maximum term of imprisonment that could be imposed upon the 15,601
eligible offender pursuant to section 2929.21 of the Revised Code 15,602
and except that, if the offense for which an eligible offender is 15,603
being sentenced is a violation of division (A) of section 4511.19 15,604
or of division (D)(2) of section 4507.02 of the Revised Code, the 15,605
court may impose a period of electronically monitored house 15,606
arrest upon the eligible offender only when authorized by and 15,607
only in the circumstances described in division (A) of section 15,608
4511.99 or division (B) of section 4507.99 of the Revised Code. 15,609
If a court imposes a period of electronically monitored 15,611
house arrest upon an eligible offender, it shall require the 15,612
eligible offender to wear, otherwise have attached to the 15,613
eligible offender's person, or otherwise be subject to monitoring 15,615
by a certified electronic monitoring device or to participate in 15,616
the operation of and monitoring by a certified electronic 15,617
monitoring system; to remain in the eligible offender's home or 15,618
other specified premises for the entire period of electronically 15,620
monitored house arrest except when the court permits the eligible 15,621
offender to leave those premises to go to the eligible offender's 15,622
place of employment or to other specified premises; to be 15,623
monitored by a central system that monitors the certified 15,624
electronic monitoring device that is attached to the eligible 15,625
offender's person or that otherwise is being used to monitor the 15,627
eligible offender and that can monitor and determine the eligible 15,629
offender's location at any time or at a designated point in time 15,631
365
or to be monitored by the certified electronic monitoring system; 15,632
to report periodically to a person designated by the court; and, 15,633
in return for receiving a period of electronically monitored 15,634
house arrest, to enter into a written contract with the court 15,635
agreeing to comply with all restrictions and requirements imposed 15,636
by the court, agreeing to pay any fee imposed by the court for 15,637
the costs of the electronically monitored house arrest imposed by 15,638
the court pursuant to division (E) of this section, and agreeing 15,639
to waive the right to receive credit for any time served on 15,640
electronically monitored house arrest toward any prison term or
sentence of imprisonment imposed upon the eligible offender for 15,642
the offense for which the period of electronically monitored 15,643
house arrest was imposed if the eligible offender violates any of 15,644
the restrictions or requirements of the period of electronically 15,646
monitored house arrest, and additionally, it may impose any other 15,647
reasonable restrictions and requirements upon the eligible 15,648
offender.
(2) If an eligible offender violates any of the 15,650
restrictions or requirements imposed upon the eligible offender 15,651
as part of the eligible offender's period of electronically 15,653
monitored house arrest, the eligible offender shall not receive 15,654
credit for any time served on electronically monitored house 15,655
arrest toward any prison term or sentence of imprisonment imposed 15,656
upon the eligible offender for the offense for which the period 15,658
of electronically monitored house arrest was imposed. 15,659
(C)(1) The superintendent of the bureau of criminal 15,661
identification and investigation, in accordance with this section 15,662
and rules adopted by the superintendent pursuant to division 15,663
(C)(2) of this section, shall certify for use in cases of 15,664
electronically monitored house arrest, in electronically 15,665
monitored house detention, and in relation to an inmate on 15,667
transitional control specific types and brands of electronic 15,668
monitoring devices and electronic monitoring systems that comply 15,669
with the requirements of this section, section 5120.073 of the 15,670
366
Revised Code, and those rules. Any manufacturer that, pursuant 15,671
to this division, seeks to obtain the certification of any type 15,672
or brand of electronic monitoring device or electronic monitoring 15,673
system shall submit to the superintendent an application for 15,674
certification in accordance with those rules together with the 15,675
application fee and costs of certification as required by those 15,676
rules. The superintendent shall not certify any electronic 15,677
monitoring device or electronic monitoring system pursuant to 15,678
this division unless the application fee and costs have been paid 15,679
to the superintendent.
(2) The superintendent, in accordance with Chapter 119. of 15,681
the Revised Code, shall adopt rules for certifying specific types 15,682
and brands of electronic monitoring devices and electronic 15,683
monitoring systems for use in electronically monitored house 15,684
arrest, in electronically monitored house detention, and in 15,686
relation to an inmate on transitional control. The rules shall 15,687
set forth the requirements for obtaining the certification, the 15,688
application fee and other costs for obtaining the certification, 15,689
the procedure for applying for certification, and any other 15,690
requirements and procedures considered necessary by the 15,691
superintendent. The rules shall require that no type or brand of 15,692
electronic monitoring device or electronic monitoring system be 15,693
certified unless the type or brand of device or system complies 15,694
with whichever of the following is applicable, in addition to any 15,695
other requirements specified by the superintendent: 15,696
(a) For electronic monitoring devices of the type 15,698
described in division (A)(1)(a) of this section, the type or 15,699
brand of device complies with all of the following: 15,700
(i) It has a transmitter of the type described in division 15,702
(A)(1)(a)(i) of this section, a receiver of the type described in 15,703
division (A)(1)(a)(ii) of this section, and a central monitoring 15,704
computer of the type described in division (A)(1)(a)(iii) of this 15,705
section; 15,706
(ii) Its transmitter can be worn by or attached to a 15,708
367
person with a minimum of discomfort during normal activities, is 15,709
difficult to remove, turn off, or otherwise alter without prior 15,710
court approval in relation to electronically monitored house 15,711
arrest or electronically monitored house detention or prior 15,712
approval of the department of rehabilitation and correction in 15,713
relation to the use of an electronic monitoring device for an 15,715
inmate on transitional control, and will transmit a specified 15,717
signal to the receiver if it is removed, turned off, altered, or 15,718
otherwise tampered with;
(iii) Its receiver is difficult to turn off or alter and 15,720
will transmit a signal to the central monitoring computer if it 15,721
is turned off, altered, or otherwise tampered with; 15,722
(iv) Its central monitoring computer is difficult to 15,724
circumvent; 15,725
(v) Its transmitter, receiver, and central monitoring 15,727
computer work accurately and reliably under the anticipated 15,728
conditions under which electronically monitored house arrest or 15,729
electronically monitored house detention will be imposed by 15,730
courts or under which an electronic monitoring device will be 15,733
used by the department of rehabilitation and correction in
relation to an inmate on transitional control; 15,734
(vi) It has a backup battery power supply that operates 15,736
automatically when the main source of electrical or battery power 15,737
for the device fails. 15,738
(b) For electronic monitoring devices of the type 15,740
described in division (A)(1)(b) of this section, the type or 15,741
brand of device complies with all of the following: 15,742
(i) It has a transmitter and receiver of the type 15,744
described in divisions (A)(1)(b)(i) and (ii) of this section. 15,745
(ii) Its transmitter is difficult to turn off or alter 15,747
without prior court approval in relation to electronically 15,748
monitored house arrest or electronically monitored house 15,749
detention or without prior approval of the department of 15,750
rehabilitation and correction in relation to the use of an 15,751
368
electronic monitoring device for an inmate on transitional 15,753
control, and, if the transmitter is turned off or altered in any 15,755
manner without prior approval of the court or department or 15,756
otherwise is tampered with, the fact that it has been turned off, 15,757
altered, or tampered with can be determined at any time, or at a 15,758
designated point in time, through the use of a central monitoring 15,759
computer or through other electronic means.
(iii) Its receiver is difficult to turn off or alter, and, 15,761
if the receiver is turned off, altered, or otherwise tampered 15,762
with, the fact that it has been turned off, altered, or tampered 15,763
with can be determined at any time, or at a designated point in 15,764
time, through the use of a central monitoring computer or through 15,765
other electronic means. 15,766
(iv) Its central monitoring computer or other means of 15,768
electronic monitoring is difficult to circumvent. 15,769
(v) Its transmitter, receiver, and central monitoring 15,771
computer or other means of electronic monitoring work accurately 15,772
and reliably under the anticipated conditions under which 15,773
electronically monitored house arrest or electronically monitored 15,775
house detention will be used, or under which an electronic 15,776
monitoring device will be used by the department of 15,778
rehabilitation and correction in relation to an inmate on 15,779
transitional control.
(vi) If it operates on electrical or battery power, it has 15,781
a backup battery power supply that operates automatically when 15,782
the main source of electrical or battery power for the device 15,783
fails, or, if it does not operate on electrical or battery power, 15,784
it has a backup method of operation so that it will continue to 15,785
operate if its main method of operation fails. 15,786
(c) For electronic monitoring systems, the type or brand 15,788
of system complies with all of the following: 15,789
(i) It can be programmed to call the telephone or 15,791
telephones assigned to the person who is the subject of the 15,792
monitoring as often as necessary; 15,793
369
(ii) It is equipped with a voice recognition system that 15,795
can work accurately and reliably under the anticipated conditions 15,796
in which it will operate; 15,797
(iii) It is equipped to perform an alarm function if the 15,799
person who is the subject of the monitoring does not respond to 15,800
system commands in the manner required. 15,801
(3) The superintendent shall publish and make available to 15,803
all courts and to the department of rehabilitation and 15,804
correction, without charge, a list of all types and brands of 15,805
electronic monitoring devices and electronic monitoring systems 15,806
that have been certified by the superintendent pursuant to 15,807
division (C)(1) of this section and information about the 15,808
manufacturers of the certified devices and systems and places at 15,809
which the devices and systems can be obtained. 15,810
(D) The superintendent of the bureau of criminal 15,812
identification and investigation shall deposit all costs and fees 15,813
collected pursuant to division (C) of this section into the 15,815
general revenue fund.
(E)(1) Each county in which is located a court that 15,817
imposes a period of electronically monitored house arrest or 15,818
electronically monitored house detention as a sentencing sanction 15,819
or alternative may establish in the county treasury an 15,821
electronically monitored house arrest and detention fund. The 15,822
clerk of each court that uses that sentencing sanction or 15,823
alternative may deposit into the fund all fees collected from 15,825
eligible offenders upon whom electronically monitored house 15,826
arrest or detention is imposed pursuant to this section, section 15,827
2151.355 2152.19, or any other section of the Revised Code that 15,829
specifically authorizes the imposition of electronically 15,830
monitored house arrest or detention. Each court that imposes 15,831
electronically monitored house arrest or detention may adopt by 15,832
local court rule a reasonable daily fee to be paid by each 15,833
eligible offender upon whom a period of electronically monitored
house arrest or detention is imposed as a sentencing sanction or 15,834
370
alternative. The fee may include the actual costs of providing 15,837
house arrest or detention and an additional amount necessary to 15,839
enable the court to provide electronically monitored house arrest 15,840
or detention to indigent eligible offenders. The fund may be 15,841
used only for the payment of the costs of electronically 15,842
monitored house arrest or detention, including, but not limited 15,843
to, the costs of electronically monitored house arrest or 15,844
detention for indigent eligible offenders.
(2) If a fee is adopted pursuant to division (E)(1) of 15,846
this section, it shall be in addition to any fine specifically 15,847
authorized or required by any other section of the Revised Code 15,848
for an eligible offender upon whom a period of electronically 15,849
monitored house arrest or detention is imposed as a sentencing 15,850
sanction or alternative. 15,851
Sec. 2930.12. At the request of the victim in a criminal 15,861
prosecution, the prosecutor shall give the victim notice of the 15,863
defendant's acquittal or conviction. At the request of the
victim in a delinquency proceeding, the prosecutor shall give the 15,865
victim notice of the dismissal of the complaint against the 15,866
alleged juvenile offender or of the adjudication of the alleged 15,867
juvenile offender as a delinquent child, except that, if the 15,868
juvenile court dismisses the complaint against the alleged 15,869
juvenile offender or adjudicates the alleged juvenile offender a 15,871
delinquent child prior to the prosecutor's involvement in the 15,873
case, at the request of the victim, the court or a court employee 15,874
shall give the victim notice of the dismissal or of the 15,875
adjudication. If the defendant or alleged juvenile offender is 15,876
convicted or is adjudicated a delinquent child, the notice shall 15,879
include all of the following:
(A) The crimes or specified delinquent acts of which the 15,881
defendant was convicted or for which the alleged juvenile 15,883
offender was adjudicated a delinquent child;
(B) The address and telephone number of the probation 15,885
office or other person, if any, that is to prepare a presentence 15,887
371
investigation report pursuant to section 2951.03 of the Revised 15,888
Code or Criminal Rule 32.2, the address and telephone number of 15,890
the person, if any, who is to prepare a disposition investigation 15,891
report pursuant to DIVISION (C)(1) OF section 2151.355 2152.18 of 15,892
the Revised Code, and the address and telephone number of the 15,894
person, if any, who is to prepare a victim impact statement 15,895
pursuant to division (H)(D)(1) of section 2151.355 2152.19 or 15,896
section 2947.051 of the Revised Code; 15,898
(C) Notice that the victim may make a statement about the 15,900
impact of the crime or specified delinquent act to the probation 15,902
officer or other person, if any, who prepares the presentence 15,904
investigation report or to the person, if any, who prepares a 15,905
victim impact statement, that a statement of the victim included 15,907
in the report will be made available to the defendant or alleged 15,908
juvenile offender unless the court exempts it from disclosure, 15,910
and that the court may make the victim impact statement available 15,911
to the defendant or alleged juvenile offender;
(D) Notice of the victim's right under section 2930.14 of 15,914
the Revised Code to make a statement about the impact of the 15,915
crime or specified delinquent act before sentencing or 15,916
disposition; 15,917
(E) The date, time, and place of the sentencing hearing or 15,919
dispositional hearing; 15,920
(F) One of the following: 15,922
(1) Any sentence imposed upon the defendant and any 15,924
subsequent modification of that sentence, including modification 15,926
under section 2929.20 of the Revised Code or as a result of the 15,927
defendant's appeal of the sentence pursuant to section 2953.08 of 15,928
the Revised Code;
(2) Any disposition ordered for the defendant and any 15,930
subsequent modification of that disposition, including judicial 15,932
release or early release in accordance with section 2151.38 of 15,933
the Revised Code. 15,934
Sec. 2930.13. (A) If the court orders the preparation of 15,943
372
a victim impact statement pursuant to DIVISION (D)(1) OF section 15,945
2151.355 2152.19 or SECTION 2947.051 of the Revised Code, the 15,946
victim in the case may make a written or oral statement regarding 15,947
the impact of the crime or specified delinquent act to the person 15,949
whom the court orders to prepare the victim impact statement. A 15,950
statement made by the victim under this section shall be included 15,951
in the victim impact statement. 15,952
(B) If a probation officer or other person is preparing a 15,954
presentence investigation report pursuant to section 2947.06 or 15,955
2951.03 of the Revised Code or Criminal Rule 32.2, or a 15,956
disposition investigation report pursuant to section 2151.355 of 15,957
the Revised Code, concerning the defendant or alleged juvenile 15,959
offender in the case, the victim may make a written or oral 15,960
statement regarding the impact of the crime or specified 15,961
delinquent act to the probation officer or other person. The 15,963
probation officer or other person shall use the statement in 15,964
preparing the presentence investigation report or disposition 15,965
investigation report and, upon the victim's request, shall 15,967
include a written statement submitted by the victim in the 15,968
presentence investigation report or disposition investigation 15,969
report.
(C) A statement made by the victim under division (A) or 15,971
(B) of this section may include the following: 15,972
(1) An explanation of the nature and extent of any 15,974
physical, psychological, or emotional harm suffered by the victim 15,975
as a result of the crime or specified delinquent act that is the 15,976
basis of the case; 15,977
(2) An explanation of the extent of any property damage or 15,979
other economic loss suffered by the victim as a result of that 15,981
crime or specified delinquent act;
(3) An opinion regarding the extent to which, if any, the 15,983
victim needs restitution for harm caused by the defendant or 15,984
alleged juvenile offender as a result of that crime or specified 15,986
delinquent act and information about whether the victim has 15,987
373
applied for or received any compensation for loss or damage 15,988
caused by that crime or specified delinquent act; 15,989
(4) The victim's recommendation for an appropriate 15,991
sanction or disposition for the defendant or alleged juvenile 15,992
offender regarding that crime or specified delinquent act. 15,993
(D) If a statement made by a victim under division (A) of 15,996
this section is included in a victim impact statement, the 15,997
provision, receipt, and retention of copies of, the use of, and 15,998
the confidentiality, nonpublic record character, and sealing of 15,999
the victim impact statement is governed by division (H) of 16,000
section 2151.355 or by division (C) of section 2947.051 of the 16,001
Revised Code, as appropriate. If a statement made by a victim 16,003
under division (B) of this section is included in a presentence
investigation report prepared pursuant to section 2947.06 or 16,004
2951.03 of the Revised Code or Criminal Rule 32.2 or in a 16,006
disposition investigation report pursuant to DIVISION (C)(1) OF 16,007
section 2151.355 2152.18 of the Revised Code, the provision, 16,010
receipt, and retention of copies of, the use of, and the
confidentiality, nonpublic record character, and sealing of the 16,011
presentence investigation report or disposition investigation 16,012
report that contains the victim's statement is governed by 16,014
section 2951.03 of the Revised Code.
Sec. 2938.02. The provisions of Chapter 2938. of the 16,023
Revised Code shall apply to trial on the merits of any 16,024
misdemeanor, ordinance offense, prosecution for the violation of 16,025
any rule or regulation of any governmental body authorized to
adopt penal regulations, or to complaints to keep the peace, 16,026
which may be instituted in and retained for trial on the merits 16,027
in any court or before any magistrate inferior to the court of 16,028
common pleas; provided that in juvenile courts, where the conduct 16,029
of any person under the age of eighteen years is made the subject 16,030
of inquiry and for which special provision is made by Chapter
2151. OR 2152. of the Revised Code, such matters shall be tried, 16,032
adjusted, or disposed of pursuant to Chapter 2151. OR 2152. of 16,033
374
the Revised Code.
Sec. 2941.141. (A) Imposition of a one-year mandatory 16,042
prison term upon an offender under division (D)(1)(a) of section 16,043
2929.14 of the Revised Code is precluded unless the indictment, 16,044
count in the indictment, or information charging the offense 16,046
specifies that the offender had a firearm on or about the 16,047
offender's person or under the offender's control while 16,048
committing the offense. The specification shall be stated at the 16,049
end of the body of the indictment, count, or information, and 16,050
shall be in substantially the following form: 16,051
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 16,054
Grand Jurors (or insert the person's or the prosecuting
attorney's name when appropriate) further find and specify that 16,055
(set forth that the offender had a firearm on or about the 16,056
offender's person or under the offender's control while 16,057
committing the offense.)" 16,058
(B) Imposition of a one-year mandatory prison term upon an 16,060
offender under division (D)(1)(a) of section 2929.14 of the 16,061
Revised Code is precluded if a court imposes a three-year or 16,063
six-year mandatory prison term on the offender under that 16,064
division relative to the same felony.
(C) THE SPECIFICATION DESCRIBED IN DIVISION (A) OF THIS 16,066
SECTION MAY BE USED IN A DELINQUENT CHILD PROCEEDING IN THE 16,067
MANNER AND FOR THE PURPOSE DESCRIBED IN SECTION 2152.17 OF THE 16,068
REVISED CODE.
(D) As used in this section, "firearm" has the same 16,070
meaning as in section 2923.11 of the Revised Code. 16,071
Sec. 2941.142. (A) Imposition of a mandatory prison term 16,080
of one, two, or three years pursuant to division (I) of section 16,082
2929.14 of the Revised Code upon an offender who committed a 16,085
felony that is an offense of violence while participating in a 16,087
criminal gang is precluded unless the indictment, count in the 16,088
indictment, or information charging the felony specifies that the 16,089
offender committed the felony that is an offense of violence 16,090
375
while participating in a criminal gang. The specification shall 16,092
be stated at the end of the body of the indictment, count, or 16,093
information, and shall be in substantially the following form: 16,094
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 16,097
grand jurors (or insert the person's or the prosecuting
attorney's name when appropriate) further find and specify that 16,099
(set forth that the offender committed the felony that is an 16,100
offense of violence while participating in a criminal gang.)" 16,102
(B) THE SPECIFICATION DESCRIBED IN DIVISION (A) OF THIS 16,104
SECTION MAY BE USED IN A DELINQUENT CHILD PROCEEDING IN THE 16,105
MANNER AND FOR THE PURPOSE DESCRIBED IN SECTION 2152.17 OF THE 16,106
REVISED CODE.
(C) As used in this section, "criminal gang" has the same 16,108
meaning as in section 2923.41 of the Revised Code. 16,109
Sec. 2941.144. (A) Imposition of a six-year mandatory 16,118
prison term upon an offender under division (D)(1)(a) of section 16,119
2929.14 of the Revised Code is precluded unless the indictment, 16,121
count in the indictment, or information charging the offense
specifies that the offender had a firearm that is an automatic 16,122
firearm or that was equipped with a firearm muffler or silencer 16,123
on or about the offender's person or under the offender's control 16,124
while committing the offense. The specification shall be stated 16,126
at the end of the body of the indictment, count, or information 16,127
and shall be stated in substantially the following form: 16,128
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 16,130
Grand Jurors (or insert the person's or the prosecuting 16,131
attorney's name when appropriate) further find and specify that 16,132
(set forth that the offender had a firearm that is an automatic 16,133
firearm or that was equipped with a firearm muffler or silencer 16,134
on or about the offender's person or under the offender's control 16,135
while committing the offense)." 16,136
(B) Imposition of a six-year mandatory prison term upon an 16,138
offender under division (D)(1)(a) of section 2929.14 of the 16,139
Revised Code is precluded if a court imposes a three-year or 16,141
376
one-year mandatory prison term on the offender under that 16,142
division relative to the same felony.
(C) THE SPECIFICATION DESCRIBED IN DIVISION (A) OF THIS 16,144
SECTION MAY BE USED IN A DELINQUENT CHILD PROCEEDING IN THE 16,145
MANNER AND FOR THE PURPOSE DESCRIBED IN SECTION 2152.17 OF THE 16,146
REVISED CODE.
(D) As used in this section, "firearm" and "automatic 16,148
firearm" have the same meanings as in section 2923.11 of the 16,149
Revised Code.
Sec. 2941.145. (A) Imposition of a three-year mandatory 16,159
prison term upon an offender under division (D)(1)(a) of section 16,160
2929.14 of the Revised Code is precluded unless the indictment, 16,162
count in the indictment, or information charging the offense 16,164
specifies that the offender had a firearm on or about the
offender's person or under the offender's control while 16,165
committing the offense and displayed the firearm, brandished the 16,166
firearm, indicated that the offender possessed the firearm, or 16,167
used it to facilitate the offense. The specification shall be 16,168
stated at the end of the body of the indictment, count, or 16,169
information, and shall be stated in substantially the following 16,171
form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 16,174
Grand Jurors (or insert the person's or the prosecuting 16,175
attorney's name when appropriate) further find and specify that 16,176
(set forth that the offender had a firearm on or about the 16,177
offender's person or under the offender's control while 16,178
committing the offense and displayed the firearm, brandished the
firearm, indicated that the offender possessed the firearm, or 16,179
used it to facilitate the offense)." 16,180
(B) Imposition of a three-year mandatory prison term upon 16,182
an offender under division (D)(1)(a) of section 2929.14 of the 16,184
Revised Code is precluded if a court imposes a one-year or 16,185
six-year mandatory prison term on the offender under that
division relative to the same felony. 16,186
377
(C) THE SPECIFICATION DESCRIBED IN DIVISION (A) OF THIS 16,188
SECTION MAY BE USED IN A DELINQUENT CHILD PROCEEDING IN THE 16,189
MANNER AND FOR THE PURPOSE DESCRIBED IN SECTION 2152.17 OF THE 16,190
REVISED CODE.
(D) As used in this section, "firearm" has the same 16,192
meaning as in section 2923.11 of the Revised Code. 16,194
Sec. 2941.146. (A) Imposition of a mandatory five-year 16,203
prison term upon an offender under division (D)(1)(c) of section 16,205
2929.14 of the Revised Code for committing a violation of section 16,206
2923.161 of the Revised Code or for committing a felony that 16,207
includes, as an essential element, purposely or knowingly causing 16,208
or attempting to cause the death of or physical harm to another 16,210
and that was committed by discharging a firearm from a motor 16,211
vehicle other than a manufactured home is precluded unless the 16,212
indictment, count in the indictment, or information charging the 16,213
offender specifies that the offender committed the offense by 16,214
discharging a firearm from a motor vehicle other than a 16,215
manufactured home. The specification shall be stated at the end 16,216
of the body of the indictment, count, or information, and shall 16,217
be stated in substantially the following form: 16,218
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 16,220
Grand Jurors (or insert the person's or prosecuting attorney's 16,221
name when appropriate) further find and specify that (set forth 16,223
that the offender committed the violation of section 2923.161 of 16,224
the Revised Code or the felony that includes, as an essential 16,225
element, purposely or knowingly causing or attempting to cause
the death of or physical harm to another and that was committed 16,226
by discharging a firearm from a motor vehicle other than a 16,227
manufactured home)." 16,228
(B) THE SPECIFICATION DESCRIBED IN DIVISION (A) OF THIS 16,230
SECTION MAY BE USED IN A DELINQUENT CHILD PROCEEDING IN THE 16,231
MANNER AND FOR THE PURPOSE DESCRIBED IN SECTION 2152.17 OF THE 16,232
REVISED CODE.
(C) As used in this section: 16,234
378
(1) "Firearm" has the same meaning as in section 2923.11 16,236
of the Revised Code; 16,237
(2) "Motor vehicle" and "manufactured home" have the same 16,239
meanings as in section 4501.01 of the Revised Code. 16,240
Sec. 3109.41. As used in sections 3109.41 to 3109.48 of 16,249
the Revised Code: 16,251
(A) A person is "convicted of killing" if the person has 16,254
been convicted of or pleaded guilty to a violation of section 16,255
2903.01, 2903.02, or 2903.03 of the Revised Code. 16,257
(B) "Custody order" means an order designating a person as 16,260
the residential parent and legal custodian of a child under 16,261
section 3109.04 of the Revised Code or any order determining 16,263
custody of a child under section 2151.23, 2151.33, 2151.353, 16,264
2151.354, 2151.355, 2151.356, 2151.415, 2151.417, 2152.16, 16,265
2152.17, 2152.19, 2152.21, or 3113.31 of the Revised Code. 16,267
(C) "Visitation order" means an order issued under 16,269
division (B)(1)(c) of section 2151.33 or under section 2151.412, 16,272
3109.051, 3109.12, or 3113.31 of the Revised Code. 16,274
Sec. 3301.121. (A) In addition to the duties and 16,283
responsibilities of the superintendent of public instruction set 16,284
forth in section 3301.12 of the Revised Code, the superintendent, 16,286
in accordance with this section and section 3313.662 of the 16,287
Revised Code, shall conduct an adjudication procedure to 16,288
determine whether to permanently exclude from attending any of 16,289
the public schools of this state any pupil who is the subject of 16,290
a resolution forwarded to the superintendent by a board of 16,291
education pursuant to division (D) of section 3313.662 of the 16,292
Revised Code. 16,293
(B)(1) Except as provided in division (B)(3) of this 16,295
section, within fourteen days after receipt of a resolution 16,296
forwarded by a board of education pursuant to division (D) of 16,297
section 3313.662 of the Revised Code, the superintendent of 16,298
public instruction or the superintendent's designee shall provide 16,300
the pupil who is the subject of the resolution and that pupil's 16,301
379
parent, guardian, or custodian with a notice of an opportunity 16,302
for an adjudication hearing on the proposed permanent exclusion 16,303
of the pupil from attending any of the public schools of this 16,304
state. The notice shall include all of the following: 16,305
(a) The date, time, and place of the permanent exclusion 16,307
adjudication hearing; 16,308
(b) A statement informing the pupil and the pupil's 16,310
parent, guardian, or custodian that the pupil may attend the 16,311
adjudication hearing at the date, time, and place set forth in 16,312
the notice, that the failure of the pupil or the pupil's parent, 16,313
guardian, or custodian to attend the adjudication hearing will 16,315
result in a waiver of the pupil's right to present evidence, 16,316
testimony, and factors in mitigation of the pupil's permanent 16,317
exclusion at an adjudication hearing on the proposed permanent 16,319
exclusion, and that the pupil shall be accorded all of the 16,320
following rights:
(i) The right to testify, to present evidence and the 16,322
testimony of witnesses, and to confront, cross-examine, and 16,323
compel the attendance of witnesses; 16,324
(ii) The right to a record of the hearing; 16,326
(iii) The right to written findings. 16,328
(c) A statement informing the pupil and the pupil's 16,330
parent, guardian, or custodian that the pupil has the right to be 16,331
represented by counsel at the adjudication hearing. 16,332
(d) A statement informing the pupil and the pupil's 16,334
parent, guardian, or custodian that, if the pupil by failing to 16,335
attend the hearing waives the pupil's right to present evidence, 16,336
testimony, and factors in mitigation of the pupil's permanent 16,338
exclusion at an adjudication hearing on the proposed permanent 16,340
exclusion, the superintendent is required to review the 16,341
information relevant to the permanent exclusion that is available 16,342
to the superintendent and is permitted to enter an order 16,344
requiring the pupil's permanent exclusion from attending any of 16,345
the public schools of this state at any time within seven days 16,346
380
after the conclusion of the adjudication hearing. 16,347
(2) The superintendent or the superintendent's designee 16,349
shall provide the notice required by division (B)(1) of this 16,351
section to the pupil and to the pupil's parent, guardian, or 16,352
custodian by certified mail or personal service. 16,353
(3)(a) If a pupil who is the subject of a resolution 16,355
forwarded to the superintendent of public instruction by a board 16,356
of education pursuant to section 3313.662 of the Revised Code is 16,357
in the custody of the department of youth services pursuant to a 16,358
disposition under division (A)(4), (5), or (7) of section 16,361
2151.355 ANY PROVISION OF CHAPTER 2152. of the Revised Code, 16,363
OTHER THAN DIVISION (A)(1)(a) OF SECTION 2152.16 OF THE REVISED 16,364
CODE, at the time the resolution is forwarded, the department 16,366
shall notify in writing the superintendent of public instruction 16,367
and the board of education that forwarded the resolution of that 16,368
fact. Upon receipt of the notice, the superintendent shall delay 16,369
providing the notice required by division (B)(1) of this section 16,370
and the adjudication of the request for permanent exclusion until 16,371
the superintendent receives further notice from the department 16,373
pursuant to division (B)(3)(b) of this section. 16,374
(b) At least sixty days before a pupil described in 16,376
division (B)(3)(a) of this section will be released from 16,377
institutionalization or institutionalization in a secure facility 16,378
by the department of youth services, the department shall notify 16,379
in writing the superintendent of public instruction and the board 16,380
of education that forwarded the resolution pursuant to section 16,381
3313.662 of the Revised Code of the impending release and shall 16,382
provide in that notice information regarding the extent of the 16,383
education the pupil received while in the custody of the 16,384
department, including whether the pupil has obtained a 16,385
certificate of high school equivalence. 16,386
If the pupil has not obtained a certificate of high school 16,388
equivalence while in the custody of the department of youth 16,389
services, the superintendent of public instruction shall provide 16,390
381
the notice required by division (B)(1) of this section and, at 16,391
least thirty days before the pupil is to be released from 16,392
institutionalization or institutionalization in a secure 16,393
facility, conduct an adjudication procedure to determine whether 16,395
to permanently exclude the pupil from attending the public 16,396
schools of this state in accordance with this section. If the 16,397
pupil has obtained a certificate of high school equivalence while 16,398
in the custody of the department, the superintendent, in the 16,399
superintendent's discretion, may conduct the adjudication. 16,401
(C)(1) Except as provided in division (B)(3) of this 16,403
section, the date of the adjudication hearing set forth in the 16,404
notice required by division (B)(1) of this section shall be a 16,405
date no less than fourteen days nor more than twenty-one days 16,406
from the date the superintendent sends the notice by certified 16,407
mail or initiates personal service of the notice. 16,408
(2) The superintendent, for good cause shown on the 16,410
written request of the pupil or the pupil's parent, guardian, or 16,412
custodian, or on the superintendent's own motion, may grant 16,413
reasonable continuances of any adjudication hearing held under 16,415
this section but shall not grant either party total continuances 16,416
in excess of ten days. 16,417
(3) If a pupil or the pupil's parent, guardian, or 16,419
custodian does not appear at the adjudication hearing on a 16,421
proposed permanent exclusion, the superintendent or the referee 16,422
appointed by the superintendent shall proceed to conduct an 16,424
adjudication hearing on the proposed permanent exclusion on the 16,425
date for the adjudication hearing that is set forth in the notice 16,426
provided pursuant to division (B)(1) of this section or on the 16,427
date to which the hearing was continued pursuant to division 16,428
(C)(2) of this section.
(D)(1) The superintendent or a referee appointed by the 16,430
superintendent may conduct an adjudication hearing to determine 16,432
whether to permanently exclude a pupil in one of the following 16,433
counties:
382
(a) The county in which the superintendent holds the 16,435
superintendent's office; 16,437
(b) Upon the request of the pupil or the pupil's parent, 16,439
guardian, custodian, or attorney, in the county in which the 16,441
board of education that forwarded the resolution requesting the 16,442
permanent exclusion is located if the superintendent, in the 16,443
superintendent's discretion and upon consideration of evidence of 16,445
hardship presented on behalf of the requesting pupil, determines 16,446
that the hearing should be conducted in that county. 16,447
(2) The superintendent of public instruction or a referee 16,449
appointed by the superintendent shall conduct an adjudication 16,450
hearing on a proposed permanent exclusion of a pupil. The 16,451
referee may be an attorney admitted to the practice of law in 16,452
this state but shall not be an attorney that represents the board 16,453
of education that forwarded the resolution requesting the 16,454
permanent exclusion. 16,455
(3) The superintendent or referee who conducts an 16,457
adjudication hearing under this section may administer oaths, 16,458
issue subpoenas to compel the attendance of witnesses and 16,459
evidence, and enforce the subpoenas by a contempt proceeding in 16,460
the court of common pleas as provided by law. The superintendent 16,461
or referee may require the separation of witnesses and may bar 16,462
from the proceedings any person whose presence is not essential 16,463
to the proceedings. 16,464
(4) The superintendent of public instruction shall request 16,466
the department of rehabilitation and correction, the sheriff, the 16,467
department of youth services, or any publicly funded out-of-home 16,468
care entity that has legal custody of a pupil who is the subject 16,469
of an adjudication hearing held pursuant to this section to 16,470
transport the pupil to the place of the adjudication hearing at 16,471
the time and date set for the hearing. The department, sheriff, 16,472
or publicly funded out-of-home care entity that receives the 16,473
request shall provide transportation for the pupil who is the 16,474
subject of the adjudication hearing to the place of the hearing 16,475
383
at the time and date set for the hearing. The department, 16,476
sheriff, or entity shall pay the cost of transporting the pupil 16,477
to and from the hearing. 16,478
(E)(1) An adjudication hearing held pursuant to this 16,480
section shall be adversary in nature, shall be conducted fairly 16,481
and impartially, and may be conducted without the formalities of 16,482
a criminal proceeding. A pupil whose permanent exclusion is 16,483
being adjudicated has the right to be represented by counsel at 16,484
the adjudication hearing. If the pupil has the financial 16,485
capacity to retain counsel, the superintendent or the referee is 16,487
not required to provide counsel for the pupil. At the
adjudication hearing, the pupil also has the right to 16,488
cross-examine witnesses against the pupil, to testify, to present 16,490
evidence and the testimony of witnesses on the pupil's behalf, 16,492
and to raise factors in mitigation of the pupil's being 16,493
permanently excluded. 16,494
(2) In an adjudication hearing held pursuant to this 16,496
section and section 3313.662 of the Revised Code, a 16,497
representative of the school district of the board of education 16,498
that adopted and forwarded the resolution requesting the 16,499
permanent exclusion of the pupil shall present the case for 16,500
permanent exclusion to the superintendent or the referee. The 16,501
representative of the school district may be an attorney admitted 16,502
to the practice of law in this state. At the adjudication 16,503
hearing, the representative of the school district shall present 16,504
evidence in support of the requested permanent exclusion. The 16,505
superintendent or the superintendent's designee shall consider 16,507
the entire school record of the pupil who is the subject of the 16,508
adjudication and shall consider any of the following information 16,509
that is available: 16,510
(a) The academic record of the pupil and a record of any 16,512
extracurricular activities in which the pupil previously was 16,514
involved;
(b) The disciplinary record of the pupil and any available 16,516
384
records of the pupil's prior behavioral problems other than the 16,518
behavioral problems contained in the disciplinary record;
(c) The social history of the pupil; 16,520
(d) The pupil's response to the imposition of prior 16,522
discipline and sanctions imposed for behavioral problems; 16,523
(e) Evidence regarding the seriousness of and any 16,525
aggravating factors related to the offense that is the basis of 16,526
the resolution seeking permanent exclusion; 16,527
(f) Any mitigating circumstances surrounding the offense 16,529
that gave rise to the request for permanent exclusion; 16,530
(g) Evidence regarding the probable danger posed to the 16,532
health and safety of other pupils or of school employees by the 16,533
continued presence of the pupil in a public school setting; 16,534
(h) Evidence regarding the probable disruption of the 16,536
teaching of any school district's graded course of study by the 16,537
continued presence of the pupil in a public school setting; 16,538
(i) Evidence regarding the availability of alternative 16,540
sanctions of a less serious nature than permanent exclusion that 16,541
would enable the pupil to remain in a public school setting 16,542
without posing a significant danger to the health and safety of 16,543
other pupils or of school employees and without posing a threat 16,544
of the disruption of the teaching of any district's graded course 16,545
of study. 16,546
(3) In any adjudication hearing conducted pursuant to this 16,548
section and section 3313.662 of the Revised Code, a court order 16,549
that proves the adjudication or conviction that is the basis for 16,550
the resolution of the board of education seeking permanent 16,551
exclusion is sufficient evidence to prove that the pupil 16,552
committed a violation as specified in division (F)(1) of this 16,553
section. 16,554
(4) The superintendent or the referee shall make or cause 16,556
to be made a record of any adjudication hearing conducted 16,557
pursuant to this section. 16,558
(5) A referee who conducts an adjudication hearing 16,560
385
pursuant to this section shall promptly report the referee's 16,561
findings in writing to the superintendent at the conclusion of 16,563
the adjudication hearing. 16,564
(F) If an adjudication hearing is conducted or a 16,566
determination is made pursuant to this section and section 16,567
3313.662 of the Revised Code, the superintendent shall review and 16,568
consider the evidence presented, the entire school record of the 16,569
pupil, and any available information described in divisions 16,570
(E)(2)(a) to (i) of this section and shall not enter an order of 16,571
permanent exclusion unless the superintendent or the 16,572
superintendent's appointed referee finds, by a preponderance of 16,574
the evidence, both of the following: 16,575
(1) That the pupil was convicted of or adjudicated a 16,577
delinquent child for committing a violation listed in division 16,578
(A) of section 3313.662 of the Revised Code and that the 16,579
violation was committed when the child was sixteen years of age 16,580
or older; 16,581
(2) That the pupil's continued attendance in the public 16,583
school system may endanger the health and safety of other pupils 16,584
or school employees. 16,585
(G)(1) Within seven days after the conclusion of an 16,587
adjudication hearing that is conducted pursuant to this section, 16,588
the superintendent of public instruction shall enter an order in 16,589
relation to the permanent exclusion of the pupil who is the 16,590
subject of the hearing or determination. 16,591
(2) If the superintendent or a referee makes the findings 16,593
described in divisions (F)(1) and (2) of this section, the 16,594
superintendent shall issue a written order that permanently 16,595
excludes the pupil from attending any of the public schools of 16,596
this state and immediately shall send a written notice of the 16,597
order to the board of education that forwarded the resolution, to 16,598
the pupil who was the subject of the resolution, to that pupil's 16,599
parent, guardian, or custodian, and to that pupil's attorney, 16,601
that includes all of the following: 16,602
386
(a) A copy of the order of permanent exclusion; 16,604
(b) A statement informing the pupil and the pupil's 16,606
parent, guardian, or custodian of the pupil's right to appeal the 16,607
order of permanent exclusion pursuant to division (H) of this 16,608
section and of the possible revocation of the permanent exclusion 16,609
pursuant to division (I) of this section if a final judicial 16,610
determination reverses the conviction or adjudication that was 16,611
the basis for the permanent exclusion; 16,612
(c) A statement informing the pupil and the pupil's 16,614
parent, guardian, or custodian of the provisions of divisions 16,615
(F), (G), and (H) of section 3313.662 of the Revised Code. 16,616
(3) If the superintendent or a referee does not make the 16,618
findings described in divisions (F)(1) and (2) of this section, 16,619
the superintendent shall issue a written order that rejects the 16,620
resolution of the board of education and immediately shall send 16,621
written notice of that fact to the board of education that 16,622
forwarded the resolution, to the pupil who was the subject of the 16,623
proposed resolution, and to that pupil's parent, guardian, or 16,624
custodian. 16,625
(H) A pupil may appeal an order of permanent exclusion 16,627
made by the superintendent of public instruction pursuant to this 16,628
section and section 3313.662 of the Revised Code to the court of 16,629
common pleas of the county in which the board of education that 16,630
forwarded the resolution requesting the permanent exclusion is 16,631
located. The appeal shall be conducted in accordance with 16,632
Chapter 2505. of the Revised Code. 16,633
(I) If a final judicial determination reverses the 16,635
conviction or adjudication that is the basis of a permanent 16,636
exclusion ordered under this section, the superintendent of 16,637
public instruction, upon receipt of a certified copy of an order 16,638
reflecting that final determination from the pupil or that 16,639
pupil's parent, guardian, custodian, or attorney, shall revoke 16,640
the order of permanent exclusion. 16,641
(J) As used in this section: 16,643
387
(1) "Permanently exclude" and "permanent exclusion" have 16,645
the same meanings as in section 3313.662 of the Revised Code. 16,646
(2) "Out-of-home care" and "legal custody" have the same 16,648
meanings as in section 2151.011 of the Revised Code. 16,649
(3) "Certificate of high school equivalence" has the same 16,651
meaning as in section 4109.06 of the Revised Code. 16,652
Sec. 3313.66. (A) Except as provided under division 16,661
(B)(2) of this section, the superintendent of schools of a city, 16,663
exempted village, or local school district, or the principal of a 16,664
public school may suspend a pupil from school for not more than 16,665
ten school days. The board of education of a city, exempted 16,666
village, or local school district may adopt a policy granting 16,667
assistant principals and other administrators the authority to 16,668
suspend a pupil from school for a period of time as specified in 16,669
the policy of the board of education, not to exceed ten school 16,670
days. If at the time a suspension is imposed there are fewer 16,672
than ten school days remaining in the school year in which the 16,673
incident that gives rise to the suspension takes place, the 16,674
superintendent may apply any remaining part or all of the period 16,675
of the suspension to the following school year. Except in the 16,676
case of a pupil given an in-school suspension, no pupil shall be 16,677
suspended unless prior to the suspension such superintendent or 16,678
principal does both of the following: 16,679
(1) Gives the pupil written notice of the intention to 16,681
suspend the pupil and the reasons for the intended suspension 16,683
and, if the proposed suspension is based on a violation listed in 16,684
division (A) of section 3313.662 of the Revised Code and if the 16,685
pupil is sixteen years of age or older, includes in the notice a 16,686
statement that the superintendent may seek to permanently exclude 16,687
the pupil if the pupil is convicted of or adjudicated a 16,688
delinquent child for that violation; 16,690
(2) Provides the pupil an opportunity to appear at an 16,692
informal hearing before the principal, assistant principal, 16,693
superintendent, or superintendent's designee and challenge the 16,694
388
reason for the intended suspension or otherwise to explain the 16,695
pupil's actions. 16,696
(B)(1) Except as provided under division (B)(2), (3), or 16,699
(4) of this section, the superintendent of schools of a city, 16,700
exempted village, or local school district may expel a pupil from 16,701
school for a period not to exceed the greater of eighty school 16,702
days or the number of school days remaining in the semester or 16,703
term in which the incident that gives rise to the expulsion takes 16,704
place, unless the expulsion is extended pursuant to division (F) 16,705
of this section. If at the time an expulsion is imposed there 16,706
are fewer than eighty school days remaining in the school year in 16,707
which the incident that gives rise to the expulsion takes place, 16,708
the superintendent may apply any remaining part or all of the 16,709
period of the expulsion to the following school year. 16,710
(2)(a) Unless a pupil is permanently excluded pursuant to 16,712
section 3313.662 of the Revised Code, the superintendent of 16,713
schools of a city, exempted village, or local school district 16,715
shall expel a pupil from school for a period of one year for 16,716
bringing a firearm to a school operated by the board of education
of the district or onto any other property owned or controlled by 16,718
the board, except that the superintendent may reduce this 16,720
requirement on a case-by-case basis in accordance with the policy 16,721
adopted by the board under section 3313.661 of the Revised Code. 16,722
(b) The superintendent of schools of a city, exempted 16,724
village, or local school district may expel a pupil from school 16,725
for a period of one year for bringing a firearm to an 16,727
interscholastic competition, an extracurricular event, or any
other school program or activity that is not located in a school 16,729
or on property that is owned or controlled by the district. The 16,730
superintendent may reduce this disciplinary action on a 16,731
case-by-case basis in accordance with the policy adopted by the 16,732
board under section 3313.661 of the Revised Code.
(c) Any expulsion pursuant to division (B)(2) of this 16,735
section shall extend, as necessary, into the school year 16,736
389
following the school year in which the incident that gives rise 16,738
to the expulsion takes place. As used in this division, 16,739
"firearm" has the same meaning as provided pursuant to the 16,740
"Gun-Free Schools Act of 1994," 108 Stat. 270, 20 U.S.C. 16,741
8001(a)(2). 16,742
(3) The board of education of a city, exempted village, or 16,745
local school district may adopt a resolution authorizing the 16,746
superintendent of schools to expel a pupil from school for a 16,747
period not to exceed one year for bringing a knife to a school 16,748
operated by the board, onto any other property owned or 16,749
controlled by the board, or to an interscholastic competition, an 16,750
extracurricular event, or any other program or activity sponsored 16,751
by the school district or in which the district is a participant, 16,752
or for possessing a firearm or knife at a school, on any other 16,754
property owned or controlled by the board, or at an 16,756
interscholastic competition, an extracurricular event, or any
other school program or activity, which firearm or knife was 16,758
initially brought onto school board property by another person. 16,759
The resolution may authorize the superintendent to extend such an 16,760
expulsion, as necessary, into the school year following the 16,761
school year in which the incident that gives rise to the 16,762
expulsion takes place.
(4) The board of education of a city, exempted village, or 16,765
local school district may adopt a resolution establishing a 16,766
policy under section 3313.661 of the Revised Code that authorizes 16,767
the superintendent of schools to expel a pupil from school for a 16,769
period not to exceed one year for committing an act that is a 16,770
criminal offense when committed by an adult and that results in 16,771
serious physical harm to persons as defined in division (A)(5) of 16,772
section 2901.01 of the Revised Code or serious physical harm to 16,775
property as defined in division (A)(6) of section 2901.01 of the 16,777
Revised Code while the pupil is at school, on any other property 16,779
owned or controlled by the board, or at an interscholastic 16,781
competition, an extracurricular event, or any other school 16,782
390
program or activity. Any expulsion under this division shall 16,783
extend, as necessary, into the school year following the school 16,785
year in which the incident that gives rise to the expulsion takes 16,786
place.
(5) No pupil shall be expelled under division (B)(1), (2), 16,788
(3), or (4) of this section unless, prior to the pupil's 16,790
expulsion, the superintendent does both of the following: 16,791
(a) Gives the pupil and the pupil's parent, guardian, or 16,793
custodian written notice of the intention to expel the pupil; 16,795
(b) Provides the pupil and the pupil's parent, guardian, 16,797
custodian, or representative an opportunity to appear in person 16,798
before the superintendent or the superintendent's designee to 16,800
challenge the reasons for the intended expulsion or otherwise to
explain the pupil's actions. 16,801
The notice required in this division shall include the 16,803
reasons for the intended expulsion, notification of the 16,804
opportunity of the pupil and the pupil's parent, guardian, 16,805
custodian, or representative to appear before the superintendent 16,807
or the superintendent's designee to challenge the reasons for the 16,808
intended expulsion or otherwise to explain the pupil's action, 16,810
and notification of the time and place to appear. The time to 16,811
appear shall not be earlier than three nor later than five school 16,812
days after the notice is given, unless the superintendent grants 16,813
an extension of time at the request of the pupil or the pupil's 16,814
parent, guardian, custodian, or representative. If an extension 16,815
is granted after giving the original notice, the superintendent 16,816
shall notify the pupil and the pupil's parent, guardian, 16,817
custodian, or representative of the new time and place to appear. 16,819
If the proposed expulsion is based on a violation listed in 16,820
division (A) of section 3313.662 of the Revised Code and if the 16,821
pupil is sixteen years of age or older, the notice shall include 16,822
a statement that the superintendent may seek to permanently 16,823
exclude the pupil if the pupil is convicted of or adjudicated a 16,824
delinquent child for that violation. 16,825
391
(6) A superintendent of schools of a city, exempted 16,827
village, or local school district shall initiate expulsion 16,828
proceedings pursuant to this section with respect to any pupil 16,829
who has committed an act warranting expulsion under the 16,830
district's policy regarding expulsion even if the pupil has 16,831
withdrawn from school for any reason after the incident that 16,832
gives rise to the hearing but prior to the hearing or decision to 16,833
impose the expulsion. If, following the hearing, the pupil would 16,834
have been expelled for a period of time had the pupil still been 16,835
enrolled in the school, the expulsion shall be imposed for the 16,837
same length of time as on a pupil who has not withdrawn from the
school. 16,838
(C) If a pupil's presence poses a continuing danger to 16,840
persons or property or an ongoing threat of disrupting the 16,841
academic process taking place either within a classroom or 16,842
elsewhere on the school premises, the superintendent or a 16,843
principal or assistant principal may remove a pupil from 16,844
curricular activities or from the school premises, and a teacher 16,846
may remove a pupil from curricular activities under the teacher's 16,847
supervision, without the notice and hearing requirements of 16,849
division (A) or (B) of this section. As soon as practicable 16,850
after making such a removal, the teacher shall submit in writing 16,851
to the principal the reasons for such removal. 16,852
If a pupil is removed under this division from a curricular 16,854
activity or from the school premises, written notice of the 16,856
hearing and of the reason for the removal shall be given to the 16,857
pupil as soon as practicable prior to the hearing, which shall be 16,858
held within three school days from the time the initial removal 16,859
is ordered. The hearing shall be held in accordance with 16,860
division (A) of this section unless it is probable that the pupil 16,861
may be subject to expulsion, in which case a hearing in 16,862
accordance with division (B) of this section shall be held, 16,863
except that the hearing shall be held within three school days of 16,864
the initial removal. The individual who ordered, caused, or 16,865
392
requested the removal to be made shall be present at the hearing. 16,866
If the superintendent or the principal reinstates a pupil 16,868
in a curricular activity under the teacher's supervision prior to 16,870
the hearing following a removal under this division, the teacher, 16,871
upon request, shall be given in writing the reasons for such 16,872
reinstatement.
(D) The superintendent or principal, within one school day 16,874
after the time of a pupil's expulsion or suspension, shall notify 16,875
in writing the parent, guardian, or custodian of the pupil and 16,876
the treasurer of the board of education of the expulsion or 16,877
suspension. The notice shall include the reasons for the 16,878
expulsion or suspension, notification of the right of the pupil 16,879
or the pupil's parent, guardian, or custodian to appeal the 16,880
expulsion or suspension to the board of education or to its 16,881
designee, to be represented in all appeal proceedings, to be 16,882
granted a hearing before the board or its designee in order to be 16,883
heard against the suspension or expulsion, and to request that 16,884
the hearing be held in executive session, notification that the 16,885
expulsion may be subject to extension pursuant to division (F) of 16,886
this section if the pupil is sixteen years of age or older, and 16,887
notification that the superintendent may seek the pupil's 16,888
permanent exclusion if the suspension or expulsion was based on a 16,889
violation listed in division (A) of section 3313.662 of the 16,890
Revised Code that was committed when the child was sixteen years 16,891
of age or older and if the pupil is convicted of or adjudicated a 16,892
delinquent child for that violation. 16,893
Any superintendent expelling a pupil under this section for 16,895
more than twenty school days or for any period of time if the 16,896
expulsion will extend into the following semester or school year 16,897
shall, in the notice required under this division, provide the 16,898
pupil and the pupil's parent, guardian, or custodian with 16,899
information about services or programs offered by public and 16,901
private agencies that work toward improving those aspects of the 16,902
pupil's attitudes and behavior that contributed to the incident 16,903
393
that gave rise to the pupil's expulsion. The information shall 16,904
include the names, addresses, and phone numbers of the 16,905
appropriate public and private agencies. 16,906
(E) A pupil or the pupil's parent, guardian, or custodian 16,908
may appeal the pupil's expulsion by a superintendent or 16,910
suspension by a superintendent, principal, assistant principal, 16,912
or other administrator to the board of education or to its 16,913
designee. The pupil or the pupil's parent, guardian, or 16,914
custodian may be represented in all appeal proceedings and shall 16,916
be granted a hearing before the board or its designee in order to 16,917
be heard against the suspension or expulsion. At the request of 16,918
the pupil or of the pupil's parent, guardian, custodian, or 16,919
attorney, the board or its designee may hold the hearing in 16,920
executive session but shall act upon the suspension or expulsion 16,921
only at a public meeting. The board, by a majority vote of its 16,922
full membership or by the action of its designee, may affirm the 16,923
order of suspension or expulsion, reinstate the pupil, or 16,924
otherwise reverse, vacate, or modify the order of suspension or 16,925
expulsion.
The board or its designee shall make a verbatim record of 16,927
hearings held under this division. The decisions of the board or 16,928
its designee may be appealed under Chapter 2506. of the Revised 16,929
Code. 16,930
This section shall not be construed to require notice and 16,932
hearing in accordance with division (A), (B), or (C) of this 16,933
section in the case of normal disciplinary procedures in which a 16,934
pupil is removed from a curricular activity for a period of less 16,936
than one school day and is not subject to suspension or 16,937
expulsion.
(F)(1) If a pupil is expelled pursuant to division (B) of 16,939
this section for committing any violation listed in division (A) 16,940
of section 3313.662 of the Revised Code and the pupil was sixteen 16,942
years of age or older at the time of committing the violation, if 16,943
a complaint, INDICTMENT, OR INFORMATION is filed pursuant to 16,944
394
section 2151.27 of the Revised Code alleging that the pupil is a 16,946
delinquent child based upon the commission of the violation or 16,947
the pupil is prosecuted as an adult for the commission of the 16,948
violation, and if the resultant juvenile court or criminal 16,949
proceeding is pending at the time that the expulsion terminates, 16,950
the superintendent of schools that expelled the pupil may file a 16,951
motion with the court in which the proceeding is pending 16,952
requesting an order extending the expulsion for the lesser of an 16,953
additional eighty days or the number of school days remaining in 16,954
the school year. Upon the filing of the motion, the court 16,955
immediately shall schedule a hearing and give written notice of 16,956
the time, date, and location of the hearing to the superintendent 16,957
and to the pupil and the pupil's parent, guardian, or custodian. 16,959
At the hearing, the court shall determine whether there is 16,960
reasonable cause to believe that the pupil committed the alleged 16,961
violation that is the basis of the expulsion and, upon
determining that reasonable cause to believe the pupil committed 16,963
the violation does exist, shall grant the requested extension.
(2) If a pupil has been convicted of or adjudicated a 16,965
delinquent child for a violation listed in division (A) of 16,966
section 3313.662 of the Revised Code for an act that was 16,967
committed when the child was sixteen years of age or older, if 16,968
the pupil has been expelled pursuant to division (B) of this 16,969
section for that violation, and if the board of education of the 16,970
school district of the school from which the pupil was expelled 16,972
has adopted a resolution seeking the pupil's permanent exclusion, 16,973
the superintendent may file a motion with the court that
convicted the pupil or adjudicated the pupil a delinquent child 16,975
requesting an order to extend the expulsion until an adjudication 16,976
order or other determination regarding permanent exclusion is 16,977
issued by the superintendent of public instruction pursuant to 16,978
section 3301.121 and division (D) of section 3313.662 of the 16,979
Revised Code. Upon the filing of the motion, the court 16,980
immediately shall schedule a hearing and give written notice of 16,981
395
the time, date, and location of the hearing to the superintendent 16,982
of the school district, the pupil, and the pupil's parent, 16,983
guardian, or custodian. At the hearing, the court shall 16,984
determine whether there is reasonable cause to believe the 16,985
pupil's continued attendance in the public school system may 16,986
endanger the health and safety of other pupils or school 16,987
employees and, upon making that determination, shall grant the 16,988
requested extension.
(G) The failure of the superintendent or the board of 16,990
education to provide the information regarding the possibility of 16,991
permanent exclusion in the notice required by divisions (A), (B), 16,992
and (D) of this section is not jurisdictional, and the failure 16,993
shall not affect the validity of any suspension or expulsion 16,994
procedure that is conducted in accordance with this section or 16,995
the validity of a permanent exclusion procedure that is conducted 16,996
in accordance with sections 3301.121 and 3313.662 of the Revised 16,997
Code. 16,998
(H) With regard to suspensions and expulsions pursuant to 17,000
divisions (A) and (B) of this section by the board of education 17,001
of any city, exempted village, or local school district, this 17,002
section shall apply to any student, whether or not the student is 17,003
enrolled in the district, attending or otherwise participating in 17,004
any curricular program provided in a school operated by the board 17,005
or provided on any other property owned or controlled by the 17,006
board. 17,007
(I) Whenever a student is expelled under this section, the 17,009
expulsion shall result in removal of the student from the 17,010
student's regular school setting. However, during the period of 17,011
the expulsion, the board of education of the school district that 17,012
expelled the student or any board of education admitting the 17,013
student during that expulsion period may provide educational
services to the student in an alternative setting. 17,014
(J)(1) Notwithstanding section 3313.64 or 3313.65 of the 17,016
Revised Code, any school district, after offering an opportunity 17,019
396
for a hearing, may temporarily deny admittance to any pupil if 17,020
one of the following applies:
(a) The pupil has been suspended from the schools of 17,022
another district under division (A) of this section and the 17,023
period of suspension, as established under that division, has not 17,024
expired;
(b) The pupil has been expelled from the schools of 17,026
another district under division (B) of this section and the 17,027
period of the expulsion, as established under that division or as 17,028
extended under division (F) of this section, has not expired. 17,029
If a pupil is temporarily denied admission under this 17,032
division, the pupil shall be admitted to school in accordance 17,033
with section 3313.64 or 3313.65 of the Revised Code no later than
upon expiration of the suspension or expulsion period, as 17,035
applicable. 17,036
(2) Notwithstanding section 3313.64 or 3313.65 of the 17,038
Revised Code, any school district, after offering an opportunity 17,040
for a hearing, may temporarily deny admittance to any pupil if 17,041
the pupil has been expelled or otherwise removed for disciplinary 17,042
purposes from a public school in another state and the period of 17,043
expulsion or removal has not expired. If a pupil is temporarily 17,044
denied admission under this division, the pupil shall be admitted
to school in accordance with section 3313.64 or 3313.65 of the 17,045
Revised Code no later than the earlier of the following: 17,047
(a) Upon expiration of the expulsion or removal period 17,049
imposed by the out-of-state school; 17,050
(b) Upon expiration of a period established by the 17,052
district, beginning with the date of expulsion or removal from 17,053
the out-of-state school, that is no greater than the period of 17,054
expulsion that the pupil would have received under the policy 17,055
adopted by the district under section 3313.661 of the Revised 17,056
Code had the offense that gave rise to the expulsion or removal 17,058
by the out-of-state school been committed while the pupil was 17,059
enrolled in the district.
397
(K) As used in this section: 17,061
(1) "Permanently exclude" and "permanent exclusion" have 17,064
the same meanings as in section 3313.662 of the Revised Code. 17,065
(2) "In-school suspension" means the pupil will serve all 17,067
of the suspension in a school setting. 17,068
Sec. 3321.19. (A) As used in this section and section 17,077
3321.191 of the Revised Code, "habitual: 17,078
(1) "HABITUAL truant" and "chronic truant" have HAS the 17,080
same meanings MEANING as in section 2151.011 of the Revised Code. 17,082
(2) "CHRONIC TRUANT" HAS THE SAME MEANING AS IN SECTION 17,084
2152.02 OF THE REVISED CODE. 17,085
(B) When a board of education of any city, exempted 17,088
village, local, joint vocational, or cooperative education school 17,089
district or the governing board of any educational service center 17,090
determines that a student in its district has been truant and the 17,091
parent, guardian, or other person having care of the child has 17,092
failed to cause the student's attendance at school, the board may 17,093
require the parent, guardian, or other person having care of the 17,095
child pursuant to division (B) of this section to attend an 17,096
educational program established pursuant to rules adopted by the 17,097
state board of education for the purpose of encouraging parental 17,098
involvement in compelling the attendance of the child at school. 17,099
No parent, guardian, or other person having care of a child 17,101
shall fail without good cause to attend an educational program 17,103
described in this division if the parent, guardian, or other 17,104
person has been served notice pursuant to division (C) of this 17,105
section.
(C) On the request of the superintendent of schools, the 17,107
superintendent of any educational service center, the board of 17,109
education of any city, exempted village, local, joint vocational,
or cooperative education school district, or the governing board 17,110
of any educational service center or when it otherwise comes to 17,111
the notice of the attendance officer or other appropriate officer 17,113
of the school district, the attendance officer or other 17,114
398
appropriate officer shall examine into any case of supposed 17,115
truancy within the district and shall warn the child, if found 17,116
truant, and the child's parent, guardian, or other person having 17,118
care of the child, in writing, of the legal consequences of being 17,120
an habitual or chronic truant. When any child of compulsory 17,122
school age, in violation of law, is not attending school, the
attendance or other appropriate officer shall notify the parent, 17,123
guardian, or other person having care of that child of the fact, 17,125
and require the parent, guardian, or other person to cause the 17,126
child to attend school immediately. The parent, guardian, or 17,127
other person having care of the child shall cause the child's
attendance at school. Upon the failure of the parent, guardian, 17,128
or other person having care of the child to do so, the attendance 17,130
officer or other appropriate officer, if so directed by the 17,131
superintendent, the district board, or the educational service 17,132
center governing board, shall send notice requiring the 17,133
attendance of that parent, guardian, or other person at a 17,134
parental education program established pursuant to division (B) 17,135
of this section and, subject to divisions (D) and (E) of this 17,137
section, may file a complaint against the parent, guardian, or
other person having care of the child in any court of competent 17,138
jurisdiction.
(D) Upon the failure of the parent, guardian, or other 17,140
person having care of the child to cause the child's attendance 17,141
at school, if the child is considered an habitual truant, the 17,142
board of education of the school district or the governing board 17,144
of the educational service center shall do either or both of the 17,145
following:
(1) Take any appropriate action as an intervention 17,147
strategy contained in the policy developed by the board pursuant 17,148
to section 3321.191 of the Revised Code; 17,149
(2) File a complaint in the juvenile court of the county 17,152
in which the child has a residence or legal settlement or in 17,153
which the child is supposed to attend school jointly against the
399
child and the parent, guardian, or other person having care of 17,154
the child. A complaint filed in the juvenile court under this 17,155
division shall allege that the child is an unruly child for being 17,156
an habitual truant or is a delinquent child for being an habitual 17,157
truant who previously has been adjudicated an unruly child for 17,158
being an habitual truant and that the parent, guardian, or other 17,159
person having care of the child has violated section 3321.38 of 17,160
the Revised Code.
(E) Upon the failure of the parent, guardian, or other 17,162
person having care of the child to cause the child's attendance 17,163
at school, if the child is considered a chronic truant, the board 17,164
of education of the school district or the governing board of the 17,165
educational service center shall file a complaint in the juvenile 17,167
court of the county in which the child has a residence or legal 17,168
settlement or in which the child is supposed to attend school 17,169
jointly against the child and the parent, guardian, or other 17,170
person having care of the child. A complaint filed in the
juvenile court under this division shall allege that the child is 17,172
a delinquent child for being a chronic truant and that the
parent, guardian, or other person having care of the child has 17,174
violated section 3321.38 of the Revised Code. 17,175
Sec. 3321.22. (A) Except as provided in division (B) of 17,185
this section, if a complaint is filed against the parent,
guardian, or other person in charge of a child for a failure to 17,186
cause the child to attend school or a part-time school or class 17,188
and if the parent, guardian, or other person proves an inability 17,189
to do so, then the parent, guardian, or other person in charge of 17,190
a child shall be discharged. Upon the discharge, the attendance 17,191
officer shall file a complaint before the judge of the juvenile 17,192
court of the county alleging that the child is a delinquent 17,193
child, unruly child, or dependent child within the meaning of 17,194
section 2151.02, 2151.021 2151.022, or 2151.04, OR 2152.02 of the 17,195
Revised Code. The judge shall hear the complaint and if the 17,197
judge determines that the child is a delinquent, unruly, or 17,198
400
dependent child within one of those sections the judge shall deal 17,199
with the child according to section 2151.35 or 2151.36 of the 17,200
Revised Code.
(B) Division (A) of this section does not apply regarding 17,203
a complaint filed under division (D) or (E) of section 3321.19 of 17,204
the Revised Code or otherwise filed and alleging that a child is 17,205
an habitual truant or chronic truant.
Sec. 3730.07. (A)(1) Unless consent has been given in 17,214
accordance with section 3730.06 of the Revised Code, no 17,215
individual who is under age eighteen shall obtain or attempt to 17,216
obtain a tattooing service, body piercing service, or ear 17,217
piercing service performed with an ear piercing gun.
(2) No individual who is under age eighteen shall 17,219
knowingly show or give false information concerning the 17,220
individual's name, age, or other identification for the purpose 17,221
of obtaining a tattooing service, body piercing service, or ear 17,222
piercing service performed with an ear piercing gun.
(B)(1) No individual shall knowingly show or give any 17,225
false information as to the name, age, or other identification of 17,226
an individual who is under age eighteen for the purpose of
obtaining for the individual under age eighteen a tattooing 17,227
service, body piercing service, or ear piercing service performed 17,228
with an ear piercing gun.
(2)(B) No individual shall impersonate the parent, 17,230
guardian, or custodian of an individual who is under age eighteen 17,232
for the purpose of obtaining for the individual under age 17,233
eighteen a tattooing service, body piercing service, or ear 17,234
piercing service performed with an ear piercing gun. 17,235
Sec. 3730.99. (A) Whoever violates division (A), (B), or 17,245
(C) of section 3730.02 or division (A) of section 3730.06 of the 17,246
Revised Code is guilty of a misdemeanor of the fourth degree. 17,247
(B) Whoever violates division (B)(1)(A) or (2)(B) of 17,250
section 3730.07 of the Revised Code is guilty of a misdemeanor of 17,251
the first degree.
401
(C)(1) Whoever violates division (A)(1) of section 3730.07 17,253
of the Revised Code is a delinquent child and is subject to an 17,254
order of disposition under division (A)(8) of section 2151.355 of 17,255
the Revised Code, which order of disposition shall require the 17,257
child to pay a fine as described in division (B) of section 17,258
2151.3512 of the Revised Code.
(2) Whoever violates division (A)(2) of section 3730.07 of 17,260
the Revised Code is a delinquent child and is subject to an order 17,262
of disposition under division (A)(8) of section 2151.355 of the 17,263
Revised Code, which order of disposition shall require the child 17,264
to pay a fine as described in division (E) of section 2151.3512 17,265
of the Revised Code.
Sec. 4109.08. (A) No minor shall be employed unless the 17,274
employer keeps on the premises a complete list of all minors 17,275
employed by the employer at a particular establishment and a 17,276
printed abstract to be furnished by the director of commerce 17,278
summarizing the provisions of this chapter. 17,279
The list and abstract shall be posted in plain view in a 17,281
conspicuous place which is frequented by the largest number of 17,282
minor employees, and to which all minor employees have access. 17,283
(B) An enforcement official may require any employer, in 17,285
or about whose establishment an employee apparently under 17,286
eighteen years of age is employed and whose age and schooling 17,287
certificate is not filed as required by section 4109.02 of the 17,288
Revised Code, to furnish the enforcement official satisfactory 17,289
evidence that the employee is in fact eighteen years of age or 17,290
older. The enforcement official shall require from the employer, 17,291
unless an over-age certificate issued in accordance with section 17,292
3331.15 of the Revised Code is held by the employee, the same 17,293
evidence of age of the employee as is required by section 3331.02 17,294
of the Revised Code upon the issuance of an age and schooling 17,295
certificate. No employer shall fail to produce the evidence. 17,296
(C) Any employee apparently under eighteen years of age, 17,298
working in any occupation or establishment with respect to which 17,299
402
there are restrictions by rule or law governing the employment of 17,300
minors, with respect to whom the employer has not furnished 17,301
satisfactory evidence that the person is at or above the age 17,302
required for performance of employment with the employer after 17,303
being requested to do so, and who refuses to give to an 17,304
enforcement official the employee's name, age, and place of 17,305
residence may be taken into custody and charged with being an 17,307
unruly child or other appropriate charge under Chapter 2151. OR 17,308
2152. of the Revised Code. 17,309
(D) No person shall, with the intent to assist a minor to 17,311
procure employment, make a false statement to any employer or to 17,312
any person authorized to issue an age and schooling certificate. 17,313
Sec. 5103.03. The director of job and family services 17,323
shall adopt rules as necessary for the adequate and competent 17,325
management of institutions or associations. Except for
facilities under the control of the department of youth services, 17,327
places of detention for children established and maintained
pursuant to sections 2151.34 2152.41 to 2151.3415 2152.44 of the 17,329
Revised Code, and child day-care centers subject to Chapter 5104. 17,330
of the Revised Code, the department of job and family services 17,331
every two years shall pass upon the fitness of every institution 17,333
and association that receives, or desires to receive and care for
children, or places children in private homes. 17,334
When the department of job and family services is satisfied 17,336
as to the care given such children, and that the requirements of 17,337
the statutes and rules covering the management of such 17,338
institutions and associations are being complied with, it shall 17,339
issue to the institution or association a certificate to that 17,340
effect. A certificate is valid for two years, unless sooner 17,341
revoked by the department. When determining whether an 17,342
institution or association meets a particular requirement for 17,343
certification, the department may consider the institution or 17,344
association to have met the requirement if the institution or 17,345
association shows to the department's satisfaction that it has 17,346
403
met a comparable requirement to be accredited by a nationally 17,347
recognized accreditation organization. 17,348
The department may issue a temporary certificate valid for 17,350
less than one year authorizing an institution or association to 17,351
operate until minimum requirements have been met. 17,352
The department may revoke a certificate if it finds that 17,354
the institution or association is in violation of law or rule. 17,356
No juvenile court shall commit a child to an association or
institution that is required to be certified under this section 17,358
if its certificate has been revoked or, if after revocation, the 17,359
date of reissue is less than fifteen months prior to the proposed 17,360
commitment.
Every two years, on a date specified by the department, 17,362
each institution or association desiring certification or 17,363
recertification shall submit to the department a report showing 17,364
its condition, management, competency to care adequately for the 17,365
children who have been or may be committed to it or to whom it 17,366
provides care or services, the system of visitation it employs 17,367
for children placed in private homes, and other information the 17,368
department requires. 17,369
The department shall, not less than once each year, send a 17,371
list of certified institutions and associations to each juvenile 17,373
court and certified association or institution. 17,374
No person shall receive children or receive or solicit 17,376
money on behalf of such an institution or association not so 17,378
certified or whose certificate has been revoked. 17,379
The director may delegate by rule any duties imposed on it 17,382
by this section to inspect and approve family foster homes and 17,383
specialized foster homes to public children services agencies, 17,385
private child placing agencies, or private noncustodial agencies. 17,386
Sec. 5120.16. (A) Persons sentenced to any institution, 17,396
division, or place under the control of the department of 17,398
rehabilitation and correction are committed to the control, care, 17,399
and custody of the department. Subject to division (B) of this 17,400
404
section, the director of rehabilitation and correction or the 17,401
director's designee may direct that persons sentenced to the 17,402
department, or to any institution or place within the department, 17,403
shall be conveyed initially to an appropriate facility 17,404
established and maintained by the department for reception, 17,405
examination, observation, and classification of the persons so 17,406
sentenced. If a presentence investigation report was not 17,407
prepared pursuant to section 2947.06 or 2951.03 of the Revised 17,408
Code or Criminal Rule 32.2 regarding any person sentenced to the 17,409
department or to any institution or place within the department, 17,410
the director or the director's designee may order the
department's field staff to conduct an offender background 17,411
investigation and prepare an offender background investigation 17,412
report regarding the person. The investigation and report shall 17,413
be conducted in accordance with division (A) of section 2951.03 17,414
of the Revised Code and the report shall contain the same 17,415
information as a presentence investigation report prepared 17,416
pursuant to that section. 17,417
When the examination, observation, and classification of 17,419
the person have been completed by the facility and a written 17,420
report of the examination, observation, and classification is 17,421
filed with the commitment papers, the director or the director's 17,422
designee, subject to division (B) of this section, shall assign 17,423
the person to a suitable state institution or place maintained by 17,424
the state within the director's department or shall designate 17,425
that the person is to be housed in a county, multicounty, 17,426
municipal, municipal-county, or multicounty-municipal jail or 17,427
workhouse, if authorized by section 5120.161 of the Revised Code,
there to be confined, cared for, treated, trained, and 17,428
rehabilitated until paroled, released in accordance with section 17,429
2929.20, 2967.26, or 2967.28 of the Revised Code, or otherwise 17,431
released under the order of the court that imposed the person's 17,432
sentence. No person committed by a probate court, a trial court 17,433
pursuant to section 2945.40, 2945.401, or 2945.402 of the Revised 17,434
405
Code subsequent to a finding of not guilty by reason of insanity, 17,435
or a juvenile court shall be assigned to a state correctional 17,436
institution.
If a person is sentenced, committed, or assigned for the 17,438
commission of a felony to any one of the institutions or places 17,439
maintained by the department or to a county, multicounty, 17,440
municipal, municipal-county, or multicounty-municipal jail or 17,441
workhouse, the department, by order duly recorded and subject to 17,442
division (B) of this section, may transfer the person to any 17,443
other institution, or, if authorized by section 5120.161 of the 17,444
Revised Code, to a county, multicounty, municipal, 17,445
municipal-county, or multicounty-municipal jail or workhouse. 17,446
(B) If the case of a child who is alleged to be a 17,448
delinquent child is transferred for criminal prosecution to the 17,449
appropriate court having jurisdiction of the offense pursuant to 17,450
division (B) or (C) of section 2151.26 2152.12 of the Revised 17,451
Code, if the child is convicted of or pleads guilty to a felony 17,453
in that case, if the child is sentenced to a prison term, as 17,454
defined in section 2901.01 of the Revised Code, and if the child 17,455
is under eighteen years of age when delivered to the custody of 17,456
the department of rehabilitation and correction, all of the 17,457
following apply regarding the housing of the child: 17,458
(1) Until the child attains eighteen years of age, subject 17,460
to divisions (B)(2), (3), and (4) of this section, the department 17,462
shall house the child in a housing unit in a state correctional
institution separate from inmates who are eighteen years of age 17,463
or older. 17,464
(2) The department is not required to house the child in 17,466
the manner described in division (B)(1) of this section if the 17,468
child does not observe the rules and regulations of the
institution or the child otherwise creates a security risk by 17,469
being housed separately.
(3) If the department receives too few inmates who are 17,471
under eighteen years of age to fill a housing unit in a state 17,472
406
correctional institution separate from inmates who are eighteen 17,473
years of age or older, as described in division (B)(1) of this 17,474
section, the department may house the child in a housing unit in 17,475
a state correctional institution that includes both inmates who 17,476
are under eighteen years of age and inmates who are eighteen 17,477
years of age or older and under twenty-one years of age. 17,478
(4) Upon the child's attainment of eighteen years of age, 17,480
the department may house the child with the adult population of 17,481
the state correctional institution. 17,482
(C) The director or the director's designee shall develop 17,484
a policy for dealing with problems related to infection with the 17,485
human immunodeficiency virus. The policy shall include methods 17,486
of identifying individuals committed to the custody of the 17,487
department who are at high risk of infection with the virus and 17,488
counseling those individuals. 17,489
Arrangements for housing individuals diagnosed as having 17,491
AIDS or an AIDS-related condition shall be made by the department 17,493
based on security and medical considerations and in accordance
with division (B) of this section, if applicable. 17,494
Sec. 5120.172. A minor whose case is transferred for 17,503
criminal prosecution pursuant to section 2151.26 2152.12 of the 17,504
Revised Code, who is prosecuted as an adult and is convicted of 17,506
or pleads guilty to one or more offenses in that case, and who is 17,507
sentenced to a prison term or term of imprisonment in a state 17,508
correctional institution for one or more of those offenses shall 17,509
be considered emancipated for the purpose of consenting to 17,511
medical treatment while confined in the state correctional 17,512
institution.
Sec. 5139.01. (A) As used in this chapter: 17,521
(1) "Commitment" means the transfer of the physical 17,523
custody of a child or youth from the court to the department of 17,524
youth services. 17,525
(2) "Permanent commitment" means a commitment that vests 17,527
legal custody of a child in the department of youth services. 17,528
407
(3) "Legal custody," insofar as it pertains to the status 17,530
that is created when a child is permanently committed to the 17,531
department of youth services, means a legal status in which the 17,532
department has the following rights and responsibilities: the 17,533
right to have physical possession of the child; the right and 17,534
duty to train, protect, and control the child; the responsibility 17,536
to provide the child with food, clothing, shelter, education, and 17,538
medical care; and the right to determine where and with whom the 17,539
child shall live, subject to the minimum periods of, or periods 17,541
of, institutional care prescribed in section 2151.355 SECTIONS 17,543
2152.13 TO 2152.18 of the Revised Code; provided, that these 17,545
rights and responsibilities are exercised subject to the powers, 17,546
rights, duties, and responsibilities of the guardian of the 17,547
person of the child, and subject to any residual parental rights 17,548
and responsibilities.
(4) Unless the context requires a different meaning, 17,550
"institution" means a state facility that is created by the 17,551
general assembly and that is under the management and control of 17,552
the department of youth services or a private entity with which 17,553
the department has contracted for the institutional care and 17,554
custody of felony delinquents.
(5) "Full-time care" means care for twenty-four hours a 17,556
day for over a period of at least two consecutive weeks. 17,557
(6) "Placement" means the conditional release of a child 17,559
under the terms and conditions that are specified by the 17,560
department of youth services. The department shall retain legal 17,561
custody of a child released pursuant to division (C) of section 17,562
2151.38 2152.22 of the Revised Code or division (C) of section 17,563
5139.06 of the Revised Code until the time that it discharges the 17,565
child or until the legal custody is terminated as otherwise 17,566
provided by law. 17,567
(7) "Home placement" means the placement of a child in the 17,569
home of the child's parent or parents or in the home of the 17,570
guardian of the child's person. 17,572
408
(8) "Discharge" means that the department of youth 17,574
services' legal custody of a child is terminated. 17,575
(9) "Release" means the termination of a child's stay in 17,577
an institution and the subsequent period during which the child 17,578
returns to the community under the terms and conditions of 17,579
supervised release.
(10) "Delinquent child" has the same meaning as in section 17,581
2151.02 2152.02 of the Revised Code. 17,582
(11) "Felony delinquent" means any child who is at least 17,584
twelve years of age but less than eighteen years of age and who 17,585
is adjudicated a delinquent child for having committed an act 17,586
that if committed by an adult would be a felony. "Felony 17,587
delinquent" includes any adult who is between the ages of 17,588
eighteen and twenty-one and who is in the legal custody of the 17,589
department of youth services for having committed an act that if 17,590
committed by an adult would be a felony. 17,591
(12) "Juvenile traffic offender" has the same meaning as 17,593
in section 2151.021 2152.02 of the Revised Code. 17,594
(13) "Public safety beds" means all of the following: 17,596
(a) Felony delinquents who have been committed to the 17,598
department of youth services for the commission of an act, other 17,599
than a violation of section 2911.01 or 2911.11 of the Revised 17,600
Code, that is a category one offense or a category two offense 17,601
and who are in the care and custody of an institution or have 17,602
been diverted from care and custody in an institution and placed 17,603
in a community corrections facility; 17,604
(b) Felony delinquents who, while committed to the 17,606
department of youth services and in the care and custody of an 17,607
institution or a community corrections facility, are adjudicated 17,608
delinquent children for having committed in that institution or 17,611
community corrections facility an act that if committed by an 17,612
adult would be a felony;
(c) Children who satisfy all of the following: 17,614
(i) They are at least twelve years of age but less than 17,617
409
eighteen years of age.
(ii) They are adjudicated delinquent children for having 17,620
committed acts that if committed by an adult would be a felony. 17,621
(iii) They are committed to the department of youth 17,624
services by the juvenile court of a county that has had one-tenth 17,625
of one per cent or less of the statewide adjudications for felony 17,626
delinquents as averaged for the past four fiscal years. 17,628
(iv) They are in the care and custody of an institution or 17,630
a community corrections facility. 17,631
(d) Felony delinquents who, while committed to the 17,633
department of youth services and in the care and custody of an 17,634
institution, commit in that institution an act that if committed 17,635
by an adult would be a felony, who are serving disciplinary time 17,636
for having committed that act, and who have been 17,638
institutionalized or institutionalized in a secure facility for 17,639
the minimum period of time specified in division (A)(4) or (5) 17,640
DIVISIONS (A)(1)(b) TO (e) of section 2151.355 2152.16 of the 17,641
Revised Code.
(e) Felony delinquents who are subject to and serving a 17,643
three-year period of commitment order imposed by a juvenile court 17,644
pursuant to division (A)(7) DIVISIONS (A) AND (B) of section 17,646
2151.355 2152.17 of the Revised Code for an act, other than a 17,647
violation of section 2911.11 of the Revised Code, that would be a 17,648
category one offense or category two offense if committed by an 17,649
adult.
(f) Felony delinquents who are described in divisions 17,651
(A)(13)(a) to (e) of this section, who have been granted a 17,653
judicial release TO COURT SUPERVISION under division (B) of 17,655
section 2151.38 2152.22 of the Revised Code or an early A 17,656
JUDICIAL release TO THE DEPARTMENT OF YOUTH SERVICES SUPERVISION 17,657
under division (C) of that section from the commitment to the 17,659
department of youth services for the act described in divisions 17,660
(A)(13)(a) to (e) of this section, who have violated the terms 17,661
and conditions of that judicial release or early release, and 17,662
410
who, pursuant to an order of the court of the county in which the 17,663
particular felony delinquent was placed on release that is issued 17,664
pursuant to division (D) of section 2151.38 2152.22 of the 17,666
Revised Code, have been returned to the department for 17,667
institutionalization or institutionalization in a secure 17,668
facility.
(g) Felony delinquents who have been committed to the 17,671
custody of the department of youth services, who have been 17,672
granted supervised release from the commitment pursuant to 17,673
section 5139.51 of the Revised Code, who have violated the terms 17,675
and conditions of that supervised release, and who, pursuant to 17,676
an order of the court of the county in which the particular child 17,677
was placed on supervised release issued pursuant to division (F) 17,678
of section 5139.52 of the Revised Code, have had the supervised 17,679
release revoked and have been returned to the department for 17,680
institutionalization. A felony delinquent described in this 17,681
division shall be a public safety bed only for the time during 17,682
which the felony delinquent is institutionalized as a result of 17,683
the revocation subsequent to the initial thirty-day period of 17,684
institutionalization required by division (F) of section 5139.52 17,685
of the Revised Code. 17,686
(14) "State target youth" means twenty-five per cent of 17,688
the projected total number of felony delinquents for each year of 17,689
a biennium, factoring in revocations and recommitments. 17,690
(15) Unless the context requires a different meaning, 17,692
"community corrections facility" means a county or multicounty 17,693
rehabilitation center for felony delinquents who have been 17,694
committed to the department of youth services and diverted from 17,695
care and custody in an institution and placed in the 17,696
rehabilitation center pursuant to division (E) of section 5139.36 17,697
of the Revised Code. 17,698
(16) "Secure facility" means any facility that is designed 17,700
and operated to ensure that all of its entrances and exits are 17,701
under the exclusive control of its staff and to ensure that, 17,702
411
because of that exclusive control, no child who has been 17,703
institutionalized in the facility may leave the facility without
permission or supervision. 17,704
(17) "Community residential program" means a program that 17,706
satisfies both of the following: 17,707
(a) It is housed in a building or other structure that has 17,709
no associated major restraining construction, including, but not 17,710
limited to, a security fence. 17,711
(b) It provides twenty-four-hour care, supervision, and 17,713
programs for felony delinquents who are in residence. 17,714
(18) "Category one offense" and "category two offense" 17,716
have the same meanings as in section 2151.26 of the Revised Code. 17,718
(19) "Disciplinary time" means additional time that the 17,721
department of youth services requires a felony delinquent to 17,722
serve in an institution, that delays the PERSON'S OR felony 17,723
delinquent's planned release, and that the department imposes 17,725
upon the PERSON OR felony delinquent following the conduct of an 17,726
internal due process hearing for having committed any of the 17,727
following acts while committed to the department and in the care 17,728
and custody of an institution: 17,729
(a) An act that if committed by an adult would be a 17,732
felony;
(b) An act that if committed by an adult would be a 17,735
misdemeanor;
(c) An act that is not described in division (A)(19)(a) or 17,738
(b) of this section and that violates an institutional rule of 17,739
conduct of the department.
(20) "Unruly child" has the same meaning as in section 17,741
2151.022 of the Revised Code. 17,742
(21) "Revocation" means the act of revoking a child's 17,744
supervised release for a violation of a term or condition of the 17,745
child's supervised release in accordance with section 5139.52 of 17,747
the Revised Code.
(22) "Release authority" means the release authority of 17,750
412
the department of youth services that is established by section
5139.50 of the Revised Code. 17,751
(23) "Supervised release" means the event of the release 17,754
of a child under this chapter from an institution and the period
after that release during which the child is supervised and 17,755
assisted by an employee of the department of youth services under 17,756
specific terms and conditions for reintegration of the child into 17,757
the community.
(24) "Victim" means the person identified in a police 17,759
report, complaint, or information as the victim of an act that 17,761
would have been a criminal offense if committed by an adult and 17,762
that provided the basis for adjudication proceedings resulting in 17,763
a child's commitment to the legal custody of the department of 17,764
youth services.
(25) "Victim's representative" means a member of the 17,766
victim's family or another person whom the victim or another 17,767
authorized person designates in writing, pursuant to section 17,769
5139.56 of the Revised Code, to represent the victim with respect 17,770
to proceedings of the release authority of the department of 17,771
youth services and with respect to other matters specified in 17,772
that section.
(26) "Member of the victim's family" means a spouse, 17,774
child, stepchild, sibling, parent, stepparent, grandparent, other 17,775
relative, or legal guardian of a child but does not include a 17,776
person charged with, convicted of, or adjudicated a delinquent 17,777
child for committing a criminal or delinquent act against the 17,778
victim or another criminal or delinquent act arising out of the 17,780
same conduct, criminal or delinquent episode, or plan as the
criminal or delinquent act committed against the victim. 17,781
(27) "Judicial release TO COURT SUPERVISION" means a 17,784
release of a child from institutional care or institutional care 17,786
in a secure facility that is granted by a court pursuant to 17,787
division (B) of section 2151.38 2152.22 of the Revised Code 17,788
during the period specified in that division. 17,790
413
(28) "Early JUDICIAL release TO DEPARTMENT OF YOUTH 17,793
SERVICES SUPERVISION" means a release of a child from 17,794
institutional care or institutional care in a secure facility 17,795
that is granted by a court pursuant to division (C) of section 17,796
2151.38 2152.22 of the Revised Code during the period specified 17,798
in that division.
(B) There is hereby created the department of youth 17,800
services. The governor shall appoint the director of the 17,801
department with the advice and consent of the senate. The 17,802
director shall hold office during the term of the appointing 17,803
governor but subject to removal at the pleasure of the governor. 17,804
Except as otherwise authorized in section 108.05 of the Revised 17,805
Code, the director shall devote the director's entire time to the 17,807
duties of the director's office and shall hold no other office or 17,808
position of trust or profit during the director's term of office. 17,810
The director is the chief executive and administrative 17,812
officer of the department and has all the powers of a department 17,813
head set forth in Chapter 121. of the Revised Code. The director 17,815
may adopt rules for the government of the department, the conduct 17,816
of its officers and employees, the performance of its business, 17,817
and the custody, use, and preservation of the department's 17,818
records, papers, books, documents, and property. The director 17,819
shall be an appointing authority within the meaning of Chapter 17,820
124. of the Revised Code. Whenever this or any other chapter or 17,821
section of the Revised Code imposes a duty on or requires an 17,822
action of the department, the duty or action shall be performed 17,823
by the director or, upon the director's order, in the name of the 17,824
department. 17,825
Sec. 5139.02. (A)(1) As used in this section, "managing 17,834
officer" means the assistant director, a deputy director, an 17,836
assistant deputy director, a superintendent, a regional 17,837
administrator, a deputy superintendent, or the superintendent of 17,838
schools of the department of youth services, a member of the 17,839
release authority, the chief of staff to the release authority, 17,840
414
and the victims coordinator ADMINISTRATOR of the office of victim 17,841
services.
(2) Each division established by the director of youth 17,844
services shall consist of managing officers and other employees, 17,845
including those employed in institutions and regions as necessary 17,846
to perform the functions assigned to them. The director, 17,847
assistant director, or appropriate deputy director or managing 17,848
officer of the department shall supervise the work of each 17,849
division and determine general policies governing the exercise of 17,850
powers vested in the department and assigned to each division. 17,851
The appropriate managing officer or deputy director is
responsible to the director or assistant director for the 17,852
organization, direction, and supervision of the work of the 17,853
division or unit and for the exercise of the powers and the 17,854
performance of the duties of the department assigned to it and, 17,855
with the director's approval, may establish bureaus or other 17,856
administrative units within the department. 17,857
(B) The director shall appoint all managing officers, who 17,859
shall be in the unclassified civil service. If the director 17,860
appoints a managing officer from within the classified service of 17,861
the department, the person so appointed retains the right to 17,862
resume the position and status held in the classified service 17,863
immediately prior to appointment as managing officer. If such a 17,865
person is removed from the position as managing officer, the 17,867
person shall be reinstated to the position held in the classified 17,868
service immediately prior to appointment as managing officer, or 17,870
to another position certified by the director, with the approval 17,871
of the department of administrative services, as being
substantially equal to that position. Any person holding the 17,872
position of managing officer on the effective date of this 17,873
section is entitled to resume the position and status held in the 17,875
classified service of the department of youth services
immediately prior to appointment as a managing officer. Service 17,877
as a managing officer shall be counted as service in the position 17,878
415
in the classified service the reinstated person held immediately 17,879
prior to appointment as a managing officer. If a person is 17,880
reinstated to a position in the classified service under this 17,881
division, the person shall be returned to the pay range and step
to which the person had been assigned at the time of the 17,883
appointment as managing officer. Longevity, where applicable, 17,884
shall be calculated pursuant to the provisions of section 124.181 17,885
of the Revised Code.
(C) Each person appointed as a managing officer shall have 17,887
received special training and shall have experience in the type 17,888
of work that the person's division is required to perform. Each 17,890
managing officer, under the supervision of the director, has 17,891
entire charge of the division, institution, unit, or region for 17,892
which the managing officer is appointed and, with the director's 17,894
approval, shall appoint necessary employees and may remove them 17,895
for cause.
Sec. 5139.04. The department of youth services shall do 17,905
all of the following: 17,906
(A) Support service districts through a central 17,908
administrative office that shall have as its administrative head 17,909
a deputy director who shall be appointed by the director of the 17,910
department. When a vacancy occurs in the office of that deputy 17,911
director, an assistant deputy director shall act as that deputy 17,913
director until the vacancy is filled. The position of deputy 17,914
director and assistant deputy director described in this division 17,915
shall be in the unclassified civil service of the state. 17,917
(B) Receive custody of all children committed to it under 17,919
Chapter 2151. 2152. of the Revised Code, cause a study to be made 17,921
of those children, and issue any orders, as it considers best 17,922
suited to the needs of any of those children and the interest of 17,923
the public, for the treatment of each of those children; 17,924
(C) Obtain personnel necessary for the performance of its 17,926
duties; 17,927
(D) Train or provide for training of probation and youth 17,929
416
correction workers; 17,930
(E) Adopt rules that regulate its organization and 17,933
operation, that implement sections 5139.34 and 5139.41 to 5139.45 17,934
of the Revised Code, and that pertain to the administration of 17,935
other sections of this chapter; 17,937
(F) Submit reports of its operations to the governor and 17,939
the general assembly by the thirty-first day of January of each 17,940
odd-numbered year; 17,941
(G) Conduct a program of research in diagnosis, training, 17,943
and treatment of delinquent children to evaluate the 17,944
effectiveness of the department's services and to develop more 17,945
adequate methods; 17,946
(H) Receive reports from the juvenile courts under 17,948
division (C)(3)(b) of section 5139.43 of the Revised Code and 17,949
prepare an annual report of state juvenile court statistics and 17,950
information based upon those reports. The department shall make 17,951
available a copy of the annual report to the governor and members 17,952
of the general assembly upon request. 17,953
(I) Develop a standard form for the disposition 17,955
investigation report that a juvenile court is required pursuant 17,957
to section 2151.355 2152.18 of the Revised Code to complete and 17,959
provide to the department when the court commits a child to the 17,960
legal custody of the department;
(J) Do all other acts necessary or desirable to carry out 17,962
this chapter. 17,963
Sec. 5139.05. (A) The juvenile court may commit any child 17,972
to the department of youth services permanently as authorized in 17,973
section 2151.355 CHAPTER 2152. of the Revised Code, provided that 17,975
any child so committed shall be at least twelve TEN years of age 17,976
at the time of the child's commitment DELINQUENT ACT, AND, IF THE 17,977
CHILD IS TEN OR ELEVEN YEARS OF AGE, THE DELINQUENT ACT IS A 17,978
VIOLATION OF SECTION 2909.03 OF THE REVISED CODE OR WOULD BE 17,979
AGGRAVATED MURDER, MURDER, OR A FIRST OR SECOND DEGREE FELONY 17,980
OFFENSE OF VIOLENCE IF COMMITTED BY AN ADULT. Any order to 17,981
417
commit a child to an institution under the control and management 17,984
of the department shall have the effect of ordering that the 17,985
child be committed to the department and assigned to an 17,986
institution as follows:
(1) For an indefinite term consisting of the prescribed 17,989
minimum period of time COURT CONTROL SET BY THE COURT and a 17,990
maximum period not to exceed the child's attainment of twenty-one 17,991
years of age, if the child was committed pursuant to division 17,992
(A)(4) or (5) of section 2151.355 2152.16 of the Revised Code; 17,993
(2) Until the child's attainment of twenty-one years of 17,995
age, if the child was committed FOR AGGRAVATED MURDER OR MURDER 17,997
pursuant to division (A)(6) of that section 2152.16 OF THE 17,998
REVISED CODE;
(3) For a period of commitment that shall be in addition 18,000
to, and shall be served consecutively with and prior to, a period 18,001
of commitment described in division (A)(1) or (2) of this 18,002
section, if the child was committed pursuant to division (A)(7) 18,003
of section 2151.355 2152.17 of the Revised Code; 18,006
(4) For any period of commitment imposed under division 18,008
(A)(7) of section 2151.355 of the Revised Code and for 18,011
consecutive periods of commitment as described in division (A)(1) 18,012
or (2) of this section, if the child was the subject of a 18,013
consecutive periods of commitment order issued by the court 18,014
pursuant to division (B)(2) of section 2151.355 of the Revised 18,015
Code IF THE CHILD IS TEN OR ELEVEN YEARS OF AGE, TO AN 18,016
INSTITUTION, A RESIDENTIAL CARE FACILITY, A RESIDENTIAL FACILITY, 18,017
OR A FACILITY LICENSED BY THE DEPARTMENT OF JOB AND FAMILY 18,018
SERVICES THAT THE DEPARTMENT OF YOUTH SERVICES CONSIDERS BEST 18,019
DESIGNATED FOR THE TRAINING AND REHABILITATION OF THE CHILD AND 18,020
PROTECTION OF THE PUBLIC. THE CHILD SHALL BE HOUSED SEPARATELY 18,021
FROM CHILDREN WHO ARE TWELVE YEARS OF AGE OR OLDER UNTIL THE 18,022
CHILD IS RELEASED OR DISCHARGED OR UNTIL THE CHILD ATTAINS TWELVE 18,024
YEARS OF AGE, WHICHEVER OCCURS FIRST. UPON THE CHILD'S 18,025
ATTAINMENT OF TWELVE YEARS OF AGE, IF THE CHILD HAS NOT BEEN 18,026
418
RELEASED OR DISCHARGED, THE DEPARTMENT IS NOT REQUIRED TO HOUSE 18,027
THE CHILD SEPARATELY.
(B)(1) The release authority of the department of youth 18,029
services, in accordance with section 5139.51 of the Revised Code 18,030
AND AT ANY TIME AFTER THE END OF THE PERIOD OF COURT CONTROL 18,031
IMPOSED UNDER SECTION 2152.16 OF THE REVISED CODE, may grant the 18,032
release from institutionalization CUSTODY of any child committed 18,033
to the department. 18,034
The order committing a child to the department of youth 18,036
services shall state that the child has been adjudicated a 18,037
delinquent child and that STATE THE PERIOD OF COURT CONTROL OVER 18,039
the commitment is permanent UNDER SECTION 2152.12 OR 2152.13 OF 18,040
THE REVISED CODE. The jurisdiction of the court terminates at 18,041
the time of the commitment END OF THE PERIOD OF COURT CONTROL 18,042
except in AS FOLLOWS: 18,043
(a) IN relation to procedures for the judicial release or 18,046
early release of children from institutionalization or 18,048
institutionalization in a secure facility and hearings conducted 18,050
relative to judicial release or early release; except in relation 18,051
to its authority to add additional consistent terms and 18,052
conditions regarding early release that are not prohibited under 18,053
division (C)(2) of section 2151.38 of the Revised Code; except in 18,055
relation to its authority to add additional terms and conditions 18,056
regarding judicial release; except in relation to hearings 18,059
conducted relative to violations of the terms and conditions of a 18,060
judicial release or early release; except in relation to the 18,062
functions of the court related to the granting of supervised 18,063
release, with respect to violations of supervised release, and 18,064
with PROCEDURES, SUPERVISION, AND VIOLATIONS; 18,065
(b) WITH respect to functions of the court related to the 18,068
revocation of supervised release that are specified in sections 18,070
5139.51 and 5139.52 of the Revised Code; and except that the 18,073
department may petition the court for an order terminating its 18,074
custody. When 18,075
419
(c) IN RELATION TO ITS DUTIES RELATING TO SERIOUS YOUTHFUL 18,077
OFFENDER DISPOSITIONAL SENTENCES UNDER SECTIONS 2152.13 AND 18,078
2152.14 OF THE REVISED CODE.
(2) WHEN a child has been committed permanently to the 18,080
department UNDER SECTION 2152.16 OF THE REVISED CODE, the 18,082
department shall retain legal custody of the child until the time 18,083
that it terminates its legal custody of the child by discharging 18,085
ONE OF THE FOLLOWING:
(a) THE DEPARTMENT DISCHARGES the child to the exclusive 18,087
management, control, and custody of the child's parent or the 18,089
guardian of the child's person or, if the child is eighteen years 18,090
of age or older, by discharging DISCHARGES the child, until the. 18,091
(b) THE committing court, upon its own motion, upon 18,094
petition of the parent, guardian of the person, or next friend of 18,095
a child, or upon petition of the department, terminates the 18,096
department's legal custody of the child, until the. 18,097
(c) THE committing court grants the child a judicial 18,100
release TO COURT SUPERVISION under division (B) of section 18,101
2151.38 2152.22 of the Revised Code, or until the. 18,102
(d) THE department's legal custody of the child is 18,105
terminated automatically by the child attaining twenty-one years 18,106
of age.
(e) IF THE CHILD IS SUBJECT TO A SERIOUS YOUTHFUL OFFENDER 18,108
DISPOSITIONAL SENTENCE, THE ADULT PORTION OF THAT DISPOSITIONAL 18,109
SENTENCE IS IMPOSED UNDER SECTION 2152.14 OF THE REVISED CODE. 18,110
(C) When a child is committed to the department of youth 18,112
services, the department may assign the child to a hospital for 18,113
mental, physical, and other examination, inquiry, or treatment 18,114
for the period of time that is necessary. The department may 18,115
remove any child in its custody to a hospital for observation, 18,116
and a complete report of every observation at the hospital shall 18,118
be made in writing and shall include a record of observation, 18,119
treatment, and medical history and a recommendation for future 18,120
treatment, custody, and maintenance. The department shall 18,121
420
thereupon order the placement and treatment that it determines to 18,122
be most conducive to the purposes of Chapters 2151. and 5139. of 18,123
the Revised Code. The committing court and all public 18,124
authorities shall make available to the department all pertinent 18,125
data in their possession with respect to the case.
(D) Records maintained by the department of youth services 18,127
pertaining to the children in its custody shall be accessible 18,128
only to department employees, except by consent of the department 18,129
or upon the order of the judge of a court of record. These 18,130
records shall not be considered "public records," as defined in 18,131
section 149.43 of the Revised Code. 18,132
Except as otherwise provided by a law of this state or the 18,134
United States, the department of youth services may release 18,135
records that are maintained by the department of youth services 18,136
and that pertain to children in its custody to the department of 18,137
rehabilitation and correction regarding persons who are under the 18,138
jurisdiction of the department of rehabilitation and correction 18,139
and who have previously been committed to the department of youth
services. The department of rehabilitation and correction may 18,140
use those records for the limited purpose of carrying out the 18,141
duties of the department of rehabilitation and correction. 18,142
Records released by the department of youth services to the 18,143
department of rehabilitation and correction shall remain
confidential and shall not be considered public records as 18,144
defined in section 149.43 of the Revised Code. 18,145
(E)(1) When a child is committed to the department of 18,147
youth services, the department, orally or in writing, shall 18,148
notify the parent, guardian, or custodian of a child that the 18,149
parent, guardian, or custodian may request at any time from the 18,150
superintendent of the institution in which the child is located 18,151
any of the information described in divisions (E)(1)(a), (b), 18,152
(c), and (d) of this section. The parent, guardian, or custodian 18,153
may provide the department with the name, address, and telephone 18,154
number of the parent, guardian, or custodian, and, until the 18,155
421
department is notified of a change of name, address, or telephone 18,156
number, the department shall use the name, address, and telephone 18,157
number provided by the parent, guardian, or custodian to provide 18,158
notices or answer inquiries concerning the following information: 18,159
(a) When the department of youth services makes a 18,161
permanent assignment of the child to a facility, the department, 18,162
orally or in writing and on or before the third business day 18,163
after the day the permanent assignment is made, shall notify the 18,164
parent, guardian, or custodian of the child of the name of the 18,165
facility to which the child has been permanently assigned. 18,166
If a parent, guardian, or custodian of a child who is 18,168
committed to the department of youth services requests, orally or 18,169
in writing, the department to provide the parent, guardian, or 18,170
custodian with the name of the facility in which the child is 18,172
currently located, the department, orally or in writing and on or 18,173
before the next business day after the day on which the request 18,174
is made, shall provide the name of that facility to the parent, 18,175
guardian, or custodian.
(b) If a parent, guardian, or custodian of a child who is 18,177
committed to the department of youth services, orally or in 18,178
writing, asks the superintendent of the institution in which the 18,179
child is located whether the child is being disciplined by the 18,180
personnel of the institution, what disciplinary measure the 18,181
personnel of the institution are using for the child, or why the 18,182
child is being disciplined, the superintendent or the 18,183
superintendent's designee, on or before the next business day 18,185
after the day on which the request is made, shall provide the 18,186
parent, guardian, or custodian with written or oral responses to 18,187
the questions.
(c) If a parent, guardian, or custodian of a child who is 18,189
committed to the department of youth services, orally or in 18,190
writing, asks the superintendent of the institution in which the 18,191
child is held whether the child is receiving any medication from 18,192
personnel of the institution, what type of medication the child 18,193
422
is receiving, or what condition of the child the medication is 18,194
intended to treat, the superintendent or the superintendent's 18,196
designee, on or before the next business day after the day on 18,197
which the request is made, shall provide the parent, guardian, or 18,198
custodian with oral or written responses to the questions. 18,199
(d) When a major incident occurs with respect to a child 18,201
who is committed to the department of youth services, the 18,202
department, as soon as reasonably possible after the major 18,203
incident occurs, shall notify the parent, guardian, or custodian 18,204
of the child that a major incident has occurred with respect to 18,205
the child and of all the details of that incident that the 18,206
department has ascertained. 18,207
(2) The failure of the department of youth services to 18,209
provide any notification required by or answer any requests made 18,210
pursuant to division (E) of this section does not create a cause 18,211
of action against the state. 18,212
(F) The department of youth services, as a means of 18,214
punishment while the child is in its custody, shall not prohibit 18,215
a child who is committed to the department from seeing that 18,216
child's parent, guardian, or custodian during standard visitation 18,217
periods allowed by the department of youth services unless the 18,218
superintendent of the institution in which the child is held 18,219
determines that permitting that child to visit with the child's 18,221
parent, guardian, or custodian would create a safety risk to that 18,222
child, that child's parents, guardian, or custodian, the 18,223
personnel of the institution, or other children held in that 18,224
institution.
(G) As used in this section: 18,226
(1) "Permanent assignment" means the assignment or 18,228
transfer for an extended period of time of a child who is 18,229
committed to the department of youth services to a facility in 18,230
which the child will receive training or participate in 18,231
activities that are directed toward the child's successful 18,232
rehabilitation. "Permanent assignment" does not include the 18,233
423
transfer of a child to a facility for early JUDICIAL release 18,234
hearings pursuant to section 2151.38 2152.22 of the Revised Code 18,236
or for any other temporary assignment or transfer to a facility. 18,238
(2) "Major incident" means the escape or attempted escape 18,240
of a child who has been committed to the department of youth 18,241
services from the facility to which the child is assigned; the 18,242
return to the custody of the department of a child who has 18,243
escaped or otherwise fled the custody and control of the 18,244
department without authorization; the allegation of any sexual 18,245
activity with a child committed to the department; physical 18,246
injury to a child committed to the department as a result of 18,247
alleged abuse by department staff; an accident resulting in 18,248
injury to a child committed to the department that requires 18,249
medical care or treatment outside the institution in which the 18,250
child is located; the discovery of a controlled substance upon 18,251
the person or in the property of a child committed to the 18,252
department; a suicide attempt by a child committed to the 18,253
department; a suicide attempt by a child committed to the 18,254
department that results in injury to the child requiring 18,255
emergency medical services outside the institution in which the 18,256
child is located; the death of a child committed to the 18,257
department; an injury to a visitor at an institution under the 18,258
control of the department that is caused by a child committed to 18,259
the department; and the commission or suspected commission of an 18,260
act by a child committed to the department that would be an 18,261
offense if committed by an adult. 18,262
(3) "Sexual activity" has the same meaning as in section 18,264
2907.01 of the Revised Code. 18,265
(4) "Controlled substance" has the same meaning as in 18,267
section 3719.01 of the Revised Code. 18,268
(5) "RESIDENTIAL CARE FACILITY" AND "RESIDENTIAL FACILITY" 18,270
HAVE THE SAME MEANINGS AS IN SECTION 2151.011 OF THE REVISED 18,271
CODE.
Sec. 5139.06. (A) When a child has been committed to the 18,280
424
department of youth services, it THE DEPARTMENT shall do both of 18,281
the following: 18,282
(1) Place the child in an appropriate institution under 18,284
the condition that it considers best designed for the training 18,285
and rehabilitation of the child and the protection of the public, 18,286
provided that the institutional placement shall be consistent 18,287
with the order committing the child to its custody; 18,288
(2) Maintain the child in institutional care or 18,290
institutional care in a secure facility for the required period 18,291
of institutionalization in a manner consistent with division 18,293
(A)(4), (5), (6), or (7)(1) of section 2151.355 2152.16 AND 18,294
DIVISIONS (A) TO (E) OF SECTION 2152.17 of the Revised Code, 18,295
whichever is ARE applicable, and with section 5139.38 or division 18,297
(B) or (C) of section 2151.38 2152.22 of the Revised Code. 18,298
(B) When a child has been committed to the department of 18,300
youth services and has not been institutionalized or 18,302
institutionalized in a secure facility for the prescribed minimum 18,304
periods of time or the prescribed period of time, including, but 18,305
not limited to, a prescribed period of time under division 18,307
(A)(6)(1)(a) of section 2151.355 2152.16 of the Revised Code, the 18,308
department, the child, or the child's parent may request the 18,310
court that committed the child to order a judicial release TO 18,311
COURT SUPERVISION or an early A JUDICIAL release from 18,313
institutionalization or institutionalization in a secure facility 18,315
TO DEPARTMENT OF YOUTH SERVICES SUPERVISION in accordance with 18,316
division (B) or (C) of section 2151.38 2152.22 of the Revised 18,317
Code, and the child may be released from institutionalization or 18,320
institutionalization in a secure facility in accordance with the 18,321
applicable division. A child in those circumstances shall not be 18,323
released from institutionalization or institutionalization in a 18,324
secure facility except in accordance with section 2151.38 2152.22 18,325
or 5139.38 of the Revised Code. When a child is released 18,329
pursuant to a judicial release TO COURT SUPERVISION under
division (B) of section 2151.38 2152.22 of the Revised Code, the 18,331
425
department shall comply with division (B)(2)(3) of that section 18,333
and, if the court requests, shall send the committing court a 18,334
report on the child's progress in the institution and 18,335
recommendations for terms and conditions of supervision by the 18,337
court after release. When a child is released pursuant to an 18,338
early A JUDICIAL release TO DEPARTMENT OF YOUTH SERVICES 18,339
SUPERVISION under division (C) of section 2151.38 2152.22 of the 18,341
Revised Code, the department shall comply with division (C)(2)(3) 18,342
of that section relative to the child and shall send the 18,344
committing court and the juvenile court of the county in which 18,345
the child is placed a copy of the treatment and rehabilitation 18,346
plan described in that division and the terms and conditions that 18,347
it fixed. The court of the county in which the child is placed 18,348
may adopt the terms and conditions as an order of the court and 18,349
may add any additional consistent terms and conditions it 18,350
considers appropriate, provided that the court may not add any 18,352
term or condition that decreases the level or degree of
supervision specified by the department in its plan, that 18,353
substantially increases the financial burden of supervision that 18,354
will be experienced by the department, or that alters the 18,355
placement specified by the department in its plan. Any 18,357
violations of the terms and conditions of the child's judicial 18,358
release or early release shall be handled pursuant to division 18,359
(D) of section 2151.38 2152.22 of the Revised Code. 18,360
(C) When a child has been committed to the department of 18,362
youth services, it THE DEPARTMENT may do any of the following: 18,363
(1) Notwithstanding the provisions of this chapter or, 18,365
Chapter 2151., OR CHAPTER 2152. of the Revised Code that 18,367
prescribe required periods of institutionalization, transfer the 18,368
child to any other state institution, whenever it appears that 18,370
the child by reason of mental illness, mental retardation, or 18,371
other developmental disability ought to be in another state 18,372
institution. Before transferring a child to any other state 18,373
institution, the department shall include in the minutes a record 18,374
426
of the order of transfer and the reason for the transfer and, at 18,375
least seven days prior to the transfer, shall send a certified 18,376
copy of the order to the person shown by its record to have had 18,377
the care or custody of the child immediately prior to the child's 18,378
commitment. Except as provided in division (C)(2) of this 18,379
section, no person shall be transferred from a benevolent 18,381
institution to a correctional institution or to a facility or 18,382
institution operated by the department of youth services. 18,383
(2) Notwithstanding the provisions of this chapter or, 18,385
Chapter 2151., OR CHAPTER 2152. of the Revised Code that 18,387
prescribe required periods of institutionalization, transfer the 18,388
child under section 5120.162 of the Revised Code to a 18,390
correctional medical center established by the department of 18,391
rehabilitation and correction, whenever the child has an illness, 18,392
physical condition, or other medical problem and it appears that 18,393
the child would benefit from diagnosis or treatment at the center 18,394
for that illness, condition, or problem. Before transferring a 18,395
child to a center, the department of youth services shall include 18,396
in the minutes a record of the order of transfer and the reason 18,397
for the transfer and, except in emergency situations, at least 18,398
seven days prior to the transfer, shall send a certified copy of 18,399
the order to the person shown by its records to have had the care 18,400
or custody of the child immediately prior to the child's 18,401
commitment. If the transfer of the child occurs in an emergency 18,402
situation, as soon as possible after the decision is made to make 18,403
the transfer, the department of youth services shall send a 18,404
certified copy of the order to the person shown by its records to 18,405
have had the care or custody of the child immediately prior to 18,406
the child's commitment. A transfer under this division shall be 18,407
in accordance with the terms of the agreement the department of 18,408
youth services enters into with the department of rehabilitation 18,409
and correction under section 5120.162 of the Revised Code and 18,410
shall continue only as long as the child reasonably appears to 18,411
receive benefit from diagnosis or treatment at the center for an 18,412
427
illness, physical condition, or other medical problem. 18,413
(3) Revoke or modify any order of the department except an 18,415
order of discharge as often as conditions indicate it to be 18,416
desirable; 18,417
(4) If the child was committed pursuant to division (A)(4) 18,419
or (5)(1)(b), (c), (d), OR (e) of section 2151.355 2152.16 of 18,421
the Revised Code and has been institutionalized or 18,422
institutionalized in a secure facility for the prescribed minimum 18,423
periods of time under those divisions, assign the child to a 18,425
family home, a group care facility, or other place maintained 18,426
under public or private auspices, within or without this state, 18,427
for necessary treatment and rehabilitation, the costs of which 18,428
may be paid by the department, provided that the department shall 18,429
notify the committing court, in writing, of the place and terms 18,430
of the assignment at least fifteen days prior to the scheduled 18,431
date of the assignment.; 18,432
(5) Release the child from an institution in accordance 18,435
with sections 5139.51 to 5139.54 of the Revised Code in the 18,436
circumstances described in those sections. 18,437
(D) The department of youth services shall notify the 18,439
committing court of any order transferring the physical location 18,440
of any child committed to it in accordance with section 5139.35 18,441
of the Revised Code. Upon the discharge from its custody and 18,442
control, the department may petition the court for an order 18,443
terminating its custody and control. 18,444
Sec. 5139.07. As a means of correcting the socially 18,453
harmful tendencies of a child committed to it, the department of 18,454
youth services may require participation by the child in 18,455
vocational, physical, educational, and corrective training and 18,456
activities, and the conduct and modes of life that seem best 18,457
adapted to rehabilitate the child and fit the child for return to 18,459
full liberty without danger to the public welfare. The 18,460
department may monetarily compensate the child for the activities 18,461
described in this section by transferring the wages of the child 18,462
428
for those activities to the appropriate youth benefit fund
created under section 5139.86 of the Revised Code. This section 18,463
does not permit the department to release a child committed to it 18,465
from institutional care or institutional care in a secure 18,466
facility, whichever is applicable, other than in accordance with 18,467
sections 2151.38 2152.22, 5139.06, 5139.38, and 5139.50 to 18,469
5139.54 of the Revised Code.
The department may require a child committed to it to 18,471
return to the child's home or to be placed in a foster care 18,472
placement if it is authorized to make a placement of that nature 18,473
under sections 2151.38 2152.22, 5139.06, 5139.38, and 5139.50 to 18,474
5139.54 of the Revised Code. Any placement of that nature shall 18,476
be made in accordance with those sections. The legal residence 18,477
of a child so placed by the department is the place in which the 18,478
child is residing in accordance with a department order of 18,479
placement. The school district responsible for payment of 18,480
tuition on behalf of the child so placed shall be determined 18,481
pursuant to section 3313.64 or 3313.65 of the Revised
Sec. 5139.11. The department of youth services shall do 18,490
all of the following: 18,491
(A) Through a program of education, promotion, and 18,493
organization, form groups of local citizens and assist these 18,494
groups in conducting activities aimed at the prevention and 18,495
control of juvenile delinquency, making use of local people and 18,496
resources for the following purposes: 18,497
(1) Combatting local conditions known to contribute to 18,499
juvenile delinquency; 18,500
(2) Developing recreational and other programs for youth 18,502
work; 18,503
(3) Providing adult sponsors for delinquent children 18,505
cases; 18,506
(4) Dealing with other related problems of the locality;. 18,508
(B) Advise local, state, and federal officials, public and 18,510
private agencies, and lay groups on the needs for and possible 18,511
429
methods of the reduction and prevention of juvenile delinquency 18,512
and the treatment of delinquent children; 18,513
(C) Consult with the schools and courts of this state on 18,515
the development of programs for the reduction and prevention of 18,516
delinquency and the treatment of delinquents; 18,517
(D) Cooperate with other agencies whose services deal with 18,519
the care and treatment of delinquent children to the end that 18,520
delinquent children who are state wards may be assisted whenever 18,521
possible to a successful adjustment outside of institutional 18,522
care; 18,523
(E) Cooperate with other agencies in surveying, 18,525
developing, and utilizing the recreational resources of a 18,526
community as a means of combatting the problem of juvenile 18,527
delinquency and effectuating rehabilitation; 18,528
(F) Hold district and state conferences from time to time 18,530
in order to acquaint the public with current problems of juvenile 18,531
delinquency and develop a sense of civic responsibility toward 18,532
the prevention of juvenile delinquency; 18,533
(G) Assemble and distribute information relating to 18,535
juvenile delinquency and report on studies relating to community 18,536
conditions that affect the problem of juvenile delinquency; 18,537
(H) Assist any community within the state by conducting a 18,539
comprehensive survey of the community's available public and 18,540
private resources, and recommend methods of establishing a 18,541
community program for combatting juvenile delinquency and crime, 18,542
but no survey of that type shall be conducted unless local 18,543
individuals and groups request it through their local 18,544
authorities, and no request of that type shall be interpreted as 18,545
binding the community to following the recommendations made as a 18,546
result of the request; 18,547
(I) Evaluate the rehabilitation of children committed to 18,549
the department and prepare and submit periodic reports to the 18,550
committing court for the following purposes: 18,551
(1) Evaluating the effectiveness of institutional 18,553
430
treatment; 18,554
(2) Making recommendations for early JUDICIAL release 18,556
where UNDER SECTION 2152.22 OF THE REVISED CODE IF appropriate 18,558
and recommending terms and conditions for JUDICIAL release; 18,559
(3) Reviewing the placement of children and recommending 18,561
alternative placements where appropriate. 18,562
(J) Coordinate dates for hearings to be conducted under 18,564
section 2151.38 2152.22 of the Revised Code and assist in the 18,565
transfer and release of children from institutionalization to the 18,567
custody of the committing court. 18,568
Sec. 5139.18. (A) Except with respect to children who are 18,577
granted a judicial release TO COURT SUPERVISION pursuant to 18,578
division (B) of section 2151.38 2152.22 of the Revised Code, the 18,580
department of youth services is responsible for locating homes or 18,582
jobs for children released from its institutions, for supervision 18,583
of children released from its institutions, and for providing or 18,584
arranging for the provision to those children of appropriate 18,585
services that are required to facilitate their satisfactory 18,586
community adjustment.
(B) The department of youth services shall exercise 18,588
general supervision over all children who have been released on 18,589
placement from any of its institutions other than children who 18,590
are granted a judicial release TO COURT SUPERVISION pursuant to 18,591
division (B) of section 2151.38 2152.22 of the Revised Code. The 18,593
director of youth services, with the consent and approval of the 18,594
board of county commissioners of any county, may contract with 18,595
the public children services agency of that county, the 18,596
department of probation of that county established pursuant to 18,597
section 2301.27 of the Revised Code, or the probation department 18,598
or service established pursuant to sections 2151.01 to 2151.54 of 18,599
the Revised Code for the provision of direct supervision and 18,600
control over and the provision of supportive assistance to all 18,601
children who have been released on placement into that county 18,602
from any of its institutions, or, with the consent of the 18,603
431
juvenile judge or the administrative judge of the juvenile court 18,604
of any county, contract with any other public agency, 18,605
institution, or organization that is qualified to provide the 18,606
care and supervision that is required under the terms and 18,607
conditions of the child's treatment plan for the provision of 18,608
direct supervision and control over and the provision of 18,609
supportive assistance to all children who have been released on 18,610
placement into that county from any of its institutions. 18,611
(C) Whenever any placement official has reasonable cause 18,613
to believe that any child released by a court pursuant to section 18,614
2151.38 2152.22 of the Revised Code has violated the terms and 18,616
conditions of the child's placement, the official may request, in 18,617
writing, from the committing court or transferee court a 18,618
custodial order, and, upon reasonable and probable cause, the 18,619
court may order any sheriff, deputy sheriff, constable, or police 18,620
officer to apprehend the child. A child so apprehended may be 18,621
confined in the detention home FACILITY of the county in which 18,622
the child is apprehended until further order of the court. If a 18,623
child who was released on supervised release by the release 18,624
authority of the department of youth services or a child who was 18,625
granted an early A JUDICIAL release TO DEPARTMENT OF YOUTH 18,626
SERVICES SUPERVISION violates the terms and conditions of the 18,628
supervised release or early JUDICIAL release, section 5139.52 of 18,629
the Revised Code applies with respect to that child.
Sec. 5139.191. Any sheriff, deputy sheriff, constable, 18,638
officer of state or local police, or employee of the department 18,640
of youth services shall apprehend any child who has escaped from 18,642
an institution under the jurisdiction of the department and 18,644
return him THE CHILD. The written request of the superintendent 18,645
of the institution from which the child has escaped shall be 18,646
sufficient cause to authorize the apprehension and return of the 18,648
child to the institution. Such request shall state the name and 18,650
description of the child, that the child is under the 18,652
jurisdiction of the department of youth services, and that the 18,653
432
superintendent has personal knowledge that the child has escaped. 18,654
A child so apprehended may be confined in the detention home 18,655
FACILITY of the county in which he THE CHILD is apprehended until 18,658
removed to the proper institution.
Sec. 5139.20. (A) Notwithstanding any other provision of 18,667
the Revised Code that sets forth the minimum periods or period 18,668
for which a child committed to the department of youth services 18,669
is to be institutionalized or institutionalized in a secure 18,670
facility or the procedures for the judicial release TO COURT 18,671
SUPERVISION or early JUDICIAL release from institutional care or 18,672
institutional care in a secure facility TO DEPARTMENT OF YOUTH 18,673
SERVICES SUPERVISION, the department may grant emergency releases 18,675
to children confined in state juvenile institutions if the 18,676
governor, upon request of the director of the department 18,677
authorizes the director, in writing, to issue a declaration that 18,678
an emergency overcrowding condition exists in all of the 18,679
institutions in which males are confined, or in all of the 18,680
institutions in which females are confined, that are under the 18,681
control of the department. If the governor authorizes the
issuance of a declaration, the director may issue the 18,682
declaration. If the director issues the declaration, the 18,683
director shall file a copy of it with the secretary of state, 18,685
which copy shall be a public record. Upon the filing of the 18,686
copy, the department is authorized to grant emergency releases to 18,687
children within its custody subject to division (B) of this 18,688
section. The authority to grant the emergency releases shall 18,689
continue until the expiration of thirty days from the day on 18,690
which the declaration was filed. The director shall not issue a 18,691
declaration that an emergency overcrowding condition exists 18,692
unless the director determines that no other method of 18,693
alleviating the overcrowding condition is available. 18,695
(B)(1) If the department is authorized under division (A) 18,697
of this section to grant emergency releases to children within 18,698
its custody, the department shall determine which, if any, 18,699
433
children to release under that authority only in accordance with 18,700
this division and divisions (C), (D), and (E) of this section. 18,701
The department, in determining which, if any, children to 18,702
release, initially shall classify each child within its custody 18,703
according to the degree of offense that the act for which the 18,704
child is serving the period of institutionalization would have 18,705
been if committed by an adult. The department then shall 18,706
scrutinize individual children for emergency release, based upon 18,707
their degree of offense, in accordance with the categories and 18,708
the order of consideration set forth in division (B)(2) of this 18,709
section. After scrutiny of all children within the particular 18,711
category under consideration, the department shall designate 18,712
individual children within that category to whom it wishes to 18,713
grant an emergency release.
(2) The categories of children in the custody of the 18,715
department that may be considered for emergency release under 18,716
this section, and the order in which the categories shall be 18,717
considered, are as follows: 18,718
(a) Initially, only children who are not serving a period 18,720
of institutionalization for an act that would have been 18,721
aggravated murder, murder, or a felony of the first, second, 18,722
third, or fourth degree if committed by an adult or for an act 18,723
that was committed before the effective date of this amendment 18,724
JULY 1, 1996, and that would have been an aggravated felony of 18,726
the first, second, or third degree if committed by an adult may
be considered. 18,727
(b) When all children in the category described in 18,729
division (B)(2)(a) of this section have been scrutinized and all 18,730
children in that category who have been designated for emergency 18,731
release under division (B)(1) of this section have been so 18,732
released, then all children who are not serving a period of 18,733
institutionalization for an act that would have been aggravated 18,734
murder, murder, or a felony of the first or second degree if 18,735
committed by an adult or for an act that was committed before the 18,736
434
effective date of this amendment JULY 1, 1996, and that would 18,737
have been an aggravated felony of the first or second degree if 18,739
committed by an adult may be considered.
(c) When all children in the categories described in 18,741
divisions (B)(2)(a) and (b) of this section have been scrutinized 18,742
and all children in those categories who have been designated for 18,743
emergency release under division (B)(1) of this section have been 18,744
released, then all children who are not serving a term of 18,745
institutionalization for an act that would have been aggravated 18,746
murder, murder, or a felony of the first degree if committed by 18,747
an adult or for an act that was committed before the effective 18,748
date of this amendment JULY 1, 1996, and that would have been an 18,750
aggravated felony of the first or second degree if committed by 18,751
an adult may be considered.
(d) In no case shall the department consider for emergency 18,753
release any child who is serving a term of institutionalization 18,755
for an act that would have been aggravated murder, murder, or a 18,756
felony of the first degree if committed by an adult or for an act 18,757
that was committed before the effective date of this amendment 18,758
JULY 1, 1996, and that would have been an aggravated felony of 18,760
the first degree if committed by an adult, and in no case shall
the department grant an emergency release to any such child 18,761
pursuant to this section. 18,762
(C) An emergency release granted pursuant to this section 18,764
shall consist of one of the following: 18,765
(1) A supervised release under terms and conditions that 18,768
the department believes conducive to law-abiding conduct; 18,769
(2) A discharge of the child from the custody and control 18,771
of the department if the department is satisfied that the 18,772
discharge is consistent with the welfare of the individual and 18,773
protection of the public; 18,774
(3) An assignment to a family home, a group care facility, 18,776
or other place maintained under public or private auspices, 18,777
within or without this state, for necessary treatment or 18,778
435
rehabilitation, the costs of which may be paid by the department. 18,779
(D) If a child is granted an emergency release pursuant to 18,781
this section, the child thereafter shall be considered to have 18,782
been institutionalized or institutionalized in a secure facility 18,783
for the prescribed minimum period of time or prescribed time 18,785
under division (A)(4), (5), or (7)(1)(b), (c), (d), OR (e) of 18,786
section 2151.355 2152.16 OR DIVISIONS (A) AND (B) OF SECTION 18,788
2152.17 of the Revised Code. The department shall retain legal 18,790
custody of a child so released until it discharges the child or 18,791
until its custody is terminated as otherwise provided by law. 18,792
(E)(1) If a child is granted an emergency release so that 18,794
the child is released on supervised release or assigned to a 18,796
family home, group care facility, or other place for treatment or
rehabilitation, the department shall prepare a written treatment 18,798
and rehabilitation plan for the child in accordance with division 18,799
(E) of section 2151.38 2152.22 of the Revised Code, which shall 18,801
include the terms and conditions of the child's release or 18,803
assignment, and shall send the committing court and the juvenile 18,805
court of the county in which the child is placed a copy of the 18,806
plan and the terms and conditions that it fixed. The court of 18,807
the county in which the child is placed may adopt the terms and 18,808
conditions as an order of the court and may add any additional 18,809
consistent terms and conditions it considers appropriate. If a 18,810
child is released on supervised release or is assigned subject to 18,811
specified terms and conditions and the court of the county in 18,813
which the child is placed has reason to believe that the child's 18,814
deportment is not in accordance with any post-release terms and 18,816
conditions established by the court in its journal entry, the 18,817
court of the county in which the child is placed, in its 18,818
discretion, may schedule a time for a hearing on whether the 18,819
child violated any of the post-release terms and conditions. If 18,820
that court conducts a hearing and determines at the hearing that 18,823
the child violated any of the post-release terms and conditions 18,824
established in its journal entry, the court, if it determines 18,825
436
that the violation of the terms and conditions was a serious 18,826
violation, may order the child to be returned to the department 18,827
of youth services for institutionalization or, in any case, may 18,828
make any other disposition of the child authorized by law that 18,829
the court considers proper. If the court of the county in which 18,830
the child is placed orders the child to be returned to a
department of youth services institution, the child shall remain 18,831
institutionalized for a minimum period of three months. 18,832
(2) The department also shall file a written progress 18,834
report with the committing court regarding each child granted an 18,835
emergency release pursuant to this section at least once every 18,836
thirty days unless specifically directed otherwise by the court. 18,837
The report shall include the information required of reports 18,838
described in division (F) of section 2151.38 2152.22 of the 18,839
Revised Code. 18,841
Sec. 5139.27. The department of youth services shall adopt 18,850
rules prescribing the minimum standards of construction for a 18,851
school, forestry camp, or other facility established under 18,852
section 2151.65 of the Revised Code for which financial 18,853
assistance may be granted to assist in defraying the cost of the 18,854
construction of the school, forestry camp, or other facility. If 18,857
an application for that financial assistance is filed with the 18,858
department under section 2151.651 of the Revised Code, and the 18,859
department finds that the application is in proper form and the 18,860
specifications for the construction of the school, forestry camp, 18,862
or other facility meet the minimum standards set forth in the 18,863
rules adopted by the department, the department may, from moneys 18,864
available to it for granting financial assistance for the
construction of schools, forestry camps, or other facilities 18,865
established under section 2151.65 of the Revised Code, grant 18,866
financial assistance to the county making the application, 18,867
subject to the approval of the controlling board, in an amount 18,868
not to exceed one-half of the county's share of the cost of 18,869
construction of the school, forestry camp, or other facility but 18,871
437
not to exceed six thousand five hundred dollars for each bed unit 18,872
provided for in the school, forestry camp, or other facility. As 18,875
used in this section, "construction" means the building and the
initial equipping of new structures and, to the extent provided 18,876
for in rules adopted by the department, the acquisition, 18,877
remodeling, and initial equipping of existing structures, 18,878
excluding architect's fees and the cost of land acquisition. 18,879
A county that receives financial assistance under this 18,881
section shall not be obligated to repay the assistance to the 18,883
state unless the school, forestry camp, or other facility for 18,884
which the assistance is granted is used within the ten-year 18,885
period immediately following its establishment for other than the 18,886
purpose of rehabilitating children between the ages of twelve to 18,887
eighteen years, other than psychotic or mentally retarded 18,888
children, who are designated delinquent CHILDREN, as defined in 18,889
section 2151.02 2152.02 of the Revised Code, or unruly, as 18,890
defined in section 2151.022 of the Revised Code, by order of a 18,892
juvenile court. If the department of youth services finds that 18,893
the school, forestry camp, or other facility is used for other 18,895
than that purpose within that ten-year period, the county shall 18,897
be obligated to repay the assistance to the state and, through 18,898
its board of county commissioners, may enter into an agreement 18,899
with the director of budget and management for the discharge of 18,900
that obligation over a period not to exceed ten years in 18,901
duration. Whenever a county is obligated to repay that 18,902
assistance to the state and its board of county commissioners 18,904
fails to enter into or fails to comply with an agreement for the 18,905
discharge of that obligation, the tax commissioner, pursuant to 18,907
section 5747.54 of the Revised Code, shall withhold from 18,908
distribution to the county from the local government fund an 18,910
amount sufficient to discharge the county from that obligation to 18,911
the state. 18,912
Sec. 5139.271. Subject to the approval of the controlling 18,921
board, the department of youth services may grant and pay 18,922
438
financial assistance to defray the county's share of the cost of 18,923
acquiring or constructing a district detention home FACILITY, 18,924
established under section 2151.34 2152.41 of the Revised Code, to 18,926
any county making application under section 2151.3416 2152.43 of 18,928
the Revised Code if the department finds that the application was 18,930
made in accordance with its rules and the home FACILITY or the 18,931
specifications for the home FACILITY meet minimum standards 18,933
established by the department. No financial assistance shall be 18,934
granted for defraying the cost of architects' fees or land. 18,935
The department shall adopt rules prescribing the minimum 18,937
standards of construction and condition of existing structures, 18,938
established under section 2151.34 2152.41 of the Revised Code, 18,939
for which financial assistance is granted under this section. 18,941
The department may recommend programs of education and training 18,942
and the qualifications desired for personnel of a district 18,943
detention home FACILITY. 18,944
The amount of financial assistance granted to any county 18,946
shall not exceed one-half of the county's share of the cost of 18,947
acquisition or construction of the home FACILITY. The total of 18,948
all state assistance for any home shall not exceed six thousand 18,950
five hundred dollars for each bed unit provided for in the home 18,951
FACILITY. 18,952
A county which THAT receives financial assistance under 18,954
this section shall repay the assistance to the state if the home 18,955
FACILITY for which the assistance is granted is used within the 18,957
ten-year period immediately following its establishment for 18,958
purposes other than those contained in section 2151.34 2152.41 of 18,959
the Revised Code. A board of county commissioners which THAT 18,960
uses the home FACILITY for any other purpose within that period 18,961
shall enter into an agreement with the director of budget and 18,962
management for the discharge of that obligation over a period not 18,964
to exceed ten years. If a board of county commissioners fails to 18,965
enter into an agreement for the discharge of that obligation, or 18,966
fails to comply with the terms of such an agreement, the director 18,968
439
shall direct the tax commissioner, pursuant to section 5747.54 of 18,969
the Revised Code, to withhold from the distribution of the local 18,970
government fund an amount sufficient to discharge the obligation. 18,971
As used in this section: 18,973
(A) "Construction" means the building and initial 18,975
equipping of new structures. 18,976
(B) "Acquisition" means "acquisition" as defined in the 18,979
rules of the department, which may include the purchase, 18,980
remodeling, and initial equipping of existing structures. 18,981
Sec. 5139.281. The department of youth services shall 18,990
adopt rules prescribing the manner of application for financial 18,991
assistance under this section for the operation and maintenance 18,992
of a detention home FACILITY provided, or district detention home 18,994
FACILITY established, under section 2151.34 2151.41 of the 18,995
Revised Code and prescribing minimum standards of operation, 18,997
including criteria for programs of education, training, 18,998
counseling, recreation, health, and safety, and qualifications of 18,999
personnel with which a home FACILITY shall comply as a condition 19,000
of eligibility for assistance under this section. If the board 19,002
of county commissioners providing a detention home FACILITY or 19,003
the board of trustees of a district detention home FACILITY 19,005
applies to the department for assistance and if the department 19,007
finds that the application is in accordance with the rules 19,008
adopted under this section and that the home FACILITY meets the 19,009
minimum standards adopted under this section, the department may 19,010
grant assistance to the applicant board for the operation and 19,011
maintenance of each home FACILITY in an amount not to exceed 19,012
fifty per cent of the approved annual operating cost. The board 19,013
shall make a separate application for each year for which 19,014
assistance is requested. 19,015
The department shall adopt any necessary rules for the 19,017
care, treatment, and training in a district detention home 19,018
FACILITY of children found to be delinquent children and 19,019
committed to the home FACILITY by the juvenile court under 19,021
440
section 2151.355 2151.19 of the Revised Code and may approve for 19,024
this purpose any home FACILITY that is found to be in compliance 19,025
with the rules it adopts.
The department shall provide, at least once every six 19,027
months, in-service training programs for staff members of 19,028
detention homes FACILITIES or district detention homes FACILITIES 19,030
and shall pay all travel and other necessary expenses incurred by 19,031
participating staff members. 19,032
Sec. 5139.29. The department of youth services shall adopt 19,041
and promulgate regulations prescribing the method of calculating 19,043
the amount of and the time and manner for the payment of 19,045
financial assistance granted under sections 5139.27, 5139.271, 19,047
and 5139.28 of the Revised Code, for the construction or 19,048
acquisition of a district detention home FACILITY established 19,049
under section 2151.34 2152.41 of the Revised Code, or for the 19,051
construction and maintenance of a school, forestry camp, or other 19,053
facility established under section 2151.65 of the Revised Code. 19,054
Sec. 5139.31. The department of youth services may inspect 19,062
any school, forestry camp, district detention home FACILITY, or 19,063
other facility for which an application for financial assistance 19,064
has been made to the department under section 2151.341, 2151.3416 19,065
2152.43, 2151.651, or 2151.652 of the Revised Code or for which 19,067
financial assistance has been granted by the department under 19,068
section 5139.27, 5139.271, 5139.28, or 5139.281 of the Revised 19,069
Code. The inspection may include, but need not be limited to, 19,070
examination and evaluation of the physical condition of the 19,071
school, forestry camp, district detention home FACILITY, or other 19,072
facility, including any equipment used in connection with it; 19,074
observation and evaluation of the training and treatment of 19,075
children admitted to it; examination and analysis and copying of 19,076
any papers, records, or other documents relating to the 19,077
qualifications of personnel, the commitment of children to it, 19,078
and its administration.
Sec. 5139.32. (A) Whenever a child committed to the 19,087
441
department of youth services is unable to benefit from the 19,088
programs conducted by the department, as found under division (B) 19,089
of this section, the department forthwith shall release or 19,090
discharge such child from its jurisdiction and either return him 19,091
THE CHILD to the committing court, provided that such court so 19,093
consents or directs, or otherwise secure for him THE CHILD an 19,094
environment more beneficial to his THE CHILD'S future 19,096
development.
(B) The determination that a child is unable to benefit 19,098
from the programs conducted by the department shall be made by 19,099
the committing court on its own motion or upon application by the 19,100
department or by a parent or the guardian of the person of the 19,101
child, or, if the child has been institutionalized or 19,102
institutionalized in a secure facility, whichever is applicable, 19,103
for the prescribed minimum period set forth in section 2151.355 19,105
CHAPTER 2152. of the Revised Code and his THE CHILD'S commitment 19,106
order, by the department itself. 19,108
Sec. 5139.35. (A) Except as provided in division (C) of 19,117
this section and division (C)(2) of section 5139.06 of the 19,118
Revised Code, the department of youth services shall not place a 19,119
child committed to it pursuant to division (A)(6) of section 19,120
2151.355 2152.16 OR DIVISIONS (A) AND (B) OF SECTION 2152.17 of 19,122
the Revised Code or one committed to it pursuant to division 19,124
(A)(4), (5), or (7) of that section who has not been
institutionalized or institutionalized in a secure facility for 19,125
the prescribed minimum periods or prescribed period of 19,126
institutionalization under those divisions in an institution with 19,127
a less restrictive setting than that in which the child was 19,128
originally placed, other than an institution under the management 19,129
and control of the department, without first obtaining the prior 19,130
consent of the committing court. 19,131
(B) Except as provided in division (C) of this section, 19,133
the department of youth services shall notify the committing 19,134
court, in writing, of any placement of a child committed to it 19,135
442
pursuant to division (A)(4), (5), or (7)(1)(b), (c), (d), OR (e) 19,137
of section 2151.355 2152.16 OR DIVISIONS (A) AND (B) OF SECTION 19,138
2152.17 of the Revised Code who has been institutionalized or 19,139
institutionalized in a secure facility for the prescribed minimum 19,141
periods or prescribed period of institutionalization under those 19,142
divisions in an institution with a less restrictive setting than 19,144
that in which the child was originally placed, other than an 19,145
institution under the management and control of the department, 19,146
at least fifteen days before the scheduled date of placement. 19,147
(C) If, pursuant to division (C)(2) of section 5139.06 of 19,149
the Revised Code, the department of youth services transfers a 19,150
child committed to it pursuant to division (A)(4), (5), (6), or 19,152
(7)(1)(b), (c), (d), OR (e) of section 2151.355 2152.16 OR 19,153
DIVISIONS (A) AND (B) OF SECTION 2152.17 of the Revised Code to a 19,154
correctional medical center established by the department of 19,155
rehabilitation and correction, the department of youth services 19,156
shall send the committing court a certified copy of the transfer 19,157
order.
Sec. 5139.41. On and after January 1, 1995, the 19,166
appropriation made to the department of youth services for care 19,167
and custody of felony delinquents shall be expended in accordance 19,168
with a formula that the department shall develop for each year of 19,169
a biennium. The formula shall be consistent with sections 19,170
5139.41 to 5139.45 of the Revised Code and shall be developed in 19,171
accordance with the following guidelines: 19,172
(A) The department shall set aside at least three per cent 19,174
but not more than five per cent of the appropriation for purposes 19,176
of funding the contingency program described in section 5139.45 19,177
of the Revised Code and of use in accordance with that section. 19,178
(B)(1) After setting aside the amount described in 19,180
division (A) of this section, the department shall set aside 19,181
twenty-five per cent of the remainder of the appropriation and 19,183
use that amount for the purpose described in division (B)(2) of 19,184
this section and to pay certain of the operational costs 19,185
443
associated with, and to provide cash flow for, the following: 19,186
(a) Institutions; 19,188
(b) The diagnosis, care, or treatment of felony 19,190
delinquents at institutions, facilities, or centers pursuant to 19,191
contracts entered into under section 5139.08 of the Revised Code; 19,192
(c) Community corrections facilities constructed, 19,194
reconstructed, improved, or financed as described in section 19,196
5139.36 of the Revised Code for the purpose of providing 19,197
alternative placement and services for felony delinquents who 19,198
have been diverted from care and custody in institutions. 19,199
(2) The department may use a portion of the twenty-five 19,201
per cent of the remainder of the appropriation set aside pursuant 19,202
to division (B)(1) of this section for administrative expenses 19,203
incurred by the department in connection with the felony 19,204
delinquent care and custody program described in section 5139.43 19,205
of the Revised Code and the associated contingency program 19,206
described in section 5139.45 of the Revised Code. 19,207
(C) After setting aside the amounts described in divisions 19,209
(A) and (B)(1) of this section, the department shall set aside 19,210
the amount of the appropriation that is equal to twenty-five per 19,211
cent of the amount that is calculated by multiplying the per diem 19,212
cost for the care and custody of felony delinquents, as 19,213
determined pursuant to division (D) of section 5139.42 of the 19,214
Revised Code, by the number of bed days that the department
projects for occupancy in community corrections facilities 19,216
described in division (B)(1)(c) of this section. The department 19,217
shall use the amount of the appropriation that is set aside 19,218
pursuant to this division to pay the percentage of the per diem 19,219
cost for the care and custody of felony delinquents who are in 19,220
the care and custody of community corrections facilities
described in division (B)(1)(c) of this section for which the 19,222
department is responsible under sections 5139.41 to 5139.45 of
the Revised Code.
(D) After setting aside the amounts described in divisions 19,224
444
(A) to (C) of this section, the department shall set aside the 19,226
amount of the appropriation that is necessary to pay seventy-five 19,227
per cent of the per diem cost of public safety beds and shall use 19,228
that amount for the purpose of paying that per diem cost. 19,229
(E) After setting aside the amounts described in divisions 19,231
(A) to (D) of this section, the department shall use the 19,232
remainder of the appropriation in connection with the felony 19,233
delinquent care and custody program described in section 5139.43 19,234
of the Revised Code, EXCEPT THAT, FOR FISCAL YEAR 2002 AND FISCAL 19,235
YEAR 2003 AND ONLY FOR THOSE TWO FISCAL YEARS, THE TOTAL NUMBER 19,236
OF BEDS AVAILABLE TO ALL COUNTIES VIA PUBLIC SAFETY BEDS AND 19,238
COUNTY ALLOCATIONS SHALL NOT BE LESS THAN THE TOTAL BEDS USED BY 19,239
ALL THE COUNTIES DURING FISCAL YEAR 2000 FUNDED BY CARE AND 19,240
CUSTODY CHARGEBACKS (LINE ITEM 401) AND AS PUBLIC SAFETY BEDS. 19,241
Sec. 5139.50. (A) The release authority of the department 19,250
of youth services is hereby created as a bureau in the 19,253
department. The release authority shall consist of five members 19,254
who are appointed by the director of youth services and who have 19,255
the qualifications specified in division (B) of this section. 19,257
The members of the release authority shall devote their full time 19,258
to the duties of the release authority and shall neither seek nor 19,259
hold other public office. The members shall be in the 19,260
unclassified civil service.
(B) A person appointed as a member of the release 19,262
authority shall have a bachelor's degree from an accredited 19,263
college or university or equivalent relevant experience and shall 19,264
have the skills, training, or experience necessary to analyze 19,266
issues of law, administration, and public policy. The membership 19,267
of the release authority shall represent, insofar as practicable, 19,268
the diversity found in the children in the legal custody of the 19,269
department of youth services. 19,270
In appointing the five members, the director shall ensure 19,272
that the appointments include all of the following: 19,273
(1) At least four members who have five or more years of 19,276
445
experience in criminal justice, juvenile justice, or an
equivalent relevant profession; 19,277
(2) At least one member who has experience in victim 19,279
services or advocacy or who has been a victim of a crime or is a 19,280
family member of a victim; 19,281
(3) At least one member who has experience in direct care 19,284
services to delinquent children;
(4) At least one member who holds a juris doctor degree 19,286
from an accredited college or university. 19,287
(C) The initial appointments of members of the release 19,290
authority shall be for a term of six years for the chairperson 19,291
and one member, a term of four years for two members, and a term 19,292
of two years for one member. Thereafter, members shall be 19,293
appointed for six-year terms. At the conclusion of a term, a 19,294
member shall hold office until the appointment and qualification 19,295
of the member's successor. The director shall fill a vacancy 19,296
occurring before the expiration of a term for the remainder of 19,297
that term and may appoint an interim member to fulfill the duties 19,298
of a member who, IF A MEMBER is on extended leave or disability 19,300
status FOR MORE THAN THIRTY WORK DAYS, MAY APPOINT AN INTERIM 19,301
MEMBER TO FULFILL THE DUTIES OF THAT MEMBER. A member may be 19,303
reappointed, but a member may serve no more than two consecutive 19,304
terms regardless of the length of the member's initial term. A
member may be removed for good cause by the director. 19,306
(D) The director of youth services shall designate as 19,309
chairperson of the release authority one of the members who has 19,310
experience in criminal justice, juvenile justice, or an 19,311
equivalent relevant profession. The chairperson shall be a 19,312
managing officer of the department, shall supervise the members 19,313
of the board and the other staff in the bureau, and shall perform 19,314
all duties and functions necessary to ensure that the release 19,316
authority discharges its responsibilities. The chairperson shall 19,318
serve as the official spokesperson for the release authority. 19,319
FOR THE PURPOSES OF TRANSACTING THE OFFICIAL BUSINESS OF 19,321
446
THE RELEASE AUTHORITY, A MAJORITY OF THE MEMBERS OF THE RELEASE 19,322
AUTHORITY SHALL CONSTITUTE A QUORUM. A MAJORITY VOTE OF THE 19,323
QUORUM SHALL DETERMINE THE ACTIONS OF THE RELEASE AUTHORITY. 19,324
(E) The release authority shall do all of the following: 19,327
(1) Make SERVE AS THE FINAL AND SOLE AUTHORITY FOR MAKING 19,329
decisions, in the interests of public safety and the children 19,330
involved, regarding the release and discharge of all children 19,332
committed to the legal custody of the department of youth 19,333
services, except children placed BY A JUVENILE COURT on judicial 19,334
release TO COURT SUPERVISION or early ON JUDICIAL release by a 19,336
juvenile court TO DEPARTMENT OF YOUTH SERVICES SUPERVISION,
children who have not completed a prescribed minimum period of 19,338
time or prescribed period of time in a secure facility, or 19,339
children who are required to remain in a secure facility until 19,340
they attain twenty-one years of age;
(2) Establish written policies and procedures for 19,342
conducting periodic reviews of the status of children FOR ALL 19,344
YOUTH in the custody of the department, setting or modifying 19,345
dates of release and discharge, communicating to the court 19,347
SPECIFYING the duration, terms, and conditions of release to be 19,348
carried out in supervised release subject to the addition of 19,349
additional consistent terms and conditions by a court in
accordance with section 5139.51 of the Revised Code, and giving a 19,351
child notice of all reviews;
(3) Maintain records of its official actions, decisions, 19,354
orders, and hearing summaries and make the records accessible in 19,355
accordance with division (D) of section 5139.05 of the Revised 19,356
Code;
(4) Cooperate with public and private agencies, 19,358
communities, private groups, and individuals for the development 19,359
and improvement of its services; 19,360
(5) Collect, develop, and maintain statistical information 19,363
regarding its services and decisions;
(6) Submit to the director an annual report that includes 19,365
447
a description of the operations of the release authority, an 19,366
evaluation of its effectiveness, recommendations for statutory, 19,367
budgetary, or other changes necessary to improve its 19,368
effectiveness, and any other information required by the 19,369
director.
(F) The release authority may do any of the following: 19,372
(1) Conduct inquiries, investigations, and reviews and 19,375
hold hearings and other proceedings necessary to properly
discharge its responsibilities; 19,376
(2) Issue subpoenas, enforceable in a court of law, to 19,378
compel a person to appear, give testimony, or produce documentary 19,380
information or other tangible items relating to a matter under 19,381
inquiry, investigation, review, or hearing;
(3) Administer oaths and receive testimony of persons 19,383
under oath; 19,384
(4) Request assistance, services, and information from a 19,387
public agency to enable the authority to discharge its
responsibilities and receive the assistance, services, and 19,388
information from the public agency in a reasonable period of 19,389
time;
(5) Request from a public agency or any other entity that 19,391
provides or has provided services to a child committed to the 19,392
department's legal custody information to enable the release 19,393
authority to properly discharge its responsibilities with respect 19,395
to that child and receive the information from the public agency
or other entity in a reasonable period of time. 19,396
(G) THE RELEASE AUTHORITY SHALL NOT DELEGATE ITS AUTHORITY 19,399
TO MAKE FINAL DECISIONS REGARDING POLICY OR THE RELEASE OF A 19,400
CHILD.
(H) The release authority shall adopt a written policy and 19,402
procedures governing appeals of its release and discharge 19,404
decisions.
(H)(I) The legal staff of the department of youth services 19,407
shall provide assistance to the release authority in the 19,409
448
formulation of policy and in its handling of individual cases. 19,410
Sec. 5139.51. (A) The release authority of the department 19,419
of youth services shall not release a child who is in the custody 19,420
of the department of youth services from institutional care or 19,421
institutional care in a secure facility and shall not discharge 19,422
the child or order the child's release on supervised release 19,423
prior to the expiration of the prescribed minimum period of 19,424
institutionalization or institutionalization in a secure facility 19,425
or prior to the child's attainment of twenty-one years of age, 19,426
whichever is applicable under the order of commitment, other than 19,427
as is provided in division (A) of section 2151.38 2152.22 of the 19,429
Revised Code. The release authority may conduct periodic reviews 19,430
of the case of each child who is in the custody of the department 19,431
and who is eligible for supervised release or discharge after 19,433
completing the minimum period of time or period of time in an 19,434
institution prescribed by the committing court. At least thirty
days prior to conducting a periodic review of the case of a child 19,435
who was committed to the department regarding the possibility of 19,438
supervised release or discharge and at least thirty days prior to
conducting a release review, a release hearing, or a discharge 19,439
review under division (E) of this section, the release authority 19,441
shall give notice of the review or hearing to the court that 19,443
committed the child, to the prosecuting attorney in the case, and 19,444
to the victim of the delinquent act for which the child was 19,445
committed or the victim's representative. If a child is on
supervised release and has had the child's parole revoked, and 19,446
if, upon release, there is insufficient time to provide the 19,447
notices otherwise required by this division, the release 19,448
authority, at least ten days prior to the child's release, shall
provide reasonable notice of the child's release to the court 19,449
that committed the child, to the prosecuting attorney in the 19,450
case, and to the victim of the delinquent act for which the child 19,451
was committed or the victim's representative. The court or 19,454
prosecuting attorney may submit to the release authority written 19,455
449
comments regarding, or written objections to, the supervised 19,456
release or discharge of that child. Additionally, if the child 19,457
was committed for an act that is a category one or category two 19,458
offense, the court or prosecuting attorney orally may communicate 19,459
to a representative of the release authority comments regarding, 19,460
or objections to, the supervised release or discharge of the 19,461
child or, if a hearing is held regarding the possible release or 19,463
discharge of the child, may communicate those comments at the 19,464
hearing. In conducting the review of the child's case regarding 19,466
the possibility of supervised release or discharge, the release 19,467
authority shall consider any comments and objections so submitted 19,468
or communicated by the court or prosecutor and any statements or 19,470
comments submitted or communicated under section 5139.56 of the 19,471
Revised Code by a victim of an act for which the child was 19,472
committed to the legal custody of the department or by the 19,473
victim's representative of a victim of an act of that type. 19,474
The release authority shall determine the date on which a 19,476
child may be placed on supervised release or discharged. If the 19,478
release authority believes that a child should be placed on 19,479
supervised release, it shall comply with division (B) of this 19,480
section. If the release authority believes that a child should 19,481
be discharged, it shall comply with division (C) or (E) of this 19,483
section. If the release authority denies the supervised release 19,485
or discharge of a child, it shall provide the child with a 19,486
written record of the reasons for the decision. 19,487
(B)(1) When the department RELEASE AUTHORITY decides to 19,489
place a child on supervised release, consistent with division (D) 19,492
of this section, it THE DEPARTMENT shall prepare a written 19,493
supervised release plan that specifies the terms and conditions 19,495
upon which the child is to be released from an institution on 19,496
supervised release and, at least thirty days prior to the release 19,497
of the child on the supervised release, shall send to the 19,498
committing court and the juvenile court of the county in which 19,499
the child will be placed a copy of the supervised release plan 19,500
450
and the terms and conditions of release. The juvenile court of 19,501
the county in which the child will be placed, within fifteen days 19,503
after its receipt of the copy of the supervised release plan, may 19,505
add to the supervised release plan any additional consistent 19,506
terms and conditions it considers appropriate, provided that the 19,507
court may not add any term or condition that decreases the level 19,508
or degree of supervision specified by the release authority in 19,509
the plan, that substantially increases the financial burden of 19,510
supervision that will be experienced by the department of youth 19,511
services, or that alters the placement specified by the plan. 19,512
If, within fifteen days after its receipt of the copy of 19,515
the supervised release plan, the juvenile court of the county in 19,516
which the child will be placed does not add to the supervised 19,517
release plan any additional terms and conditions, the court shall 19,518
enter the supervised release plan in its journal within that 19,520
fifteen-day period and, within that fifteen-day period, shall
send to the release authority a copy of the journal entry of the 19,521
supervised release plan. The journalized plan shall apply 19,522
regarding the child's supervised release. 19,523
If, within fifteen days after its receipt of the copy of 19,526
the supervised release plan, the juvenile court of the county in 19,527
which the child will be placed adds to the supervised release 19,529
plan any additional terms and conditions, the court shall enter 19,530
the supervised release plan and the additional terms and 19,532
conditions in its journal and, within that fifteen-day period, 19,533
shall send to the release authority a copy of the journal entry 19,534
of the supervised release plan and additional terms and 19,536
conditions. The journalized supervised release plan and 19,537
additional terms and conditions added by the court that satisfy 19,539
the criteria described in this division shall apply regarding the 19,540
child's supervised release.
If, within fifteen days after its receipt of the copy of 19,542
the supervised release plan, the juvenile court of the county in 19,543
which the child will be placed neither enters in its journal the 19,544
451
supervised release plan nor enters in its journal the supervised 19,546
release plan plus additional terms and conditions added by the 19,547
court, the court and the department of youth services may attempt 19,548
to resolve any differences regarding the plan within three days. 19,549
If a resolution is not reached within that three-day period, 19,550
thereafter, the supervised release plan shall be enforceable to 19,551
the same extent as if the court actually had entered the 19,554
supervised release plan in its journal. 19,555
(2) When the release authority receives from the court a 19,558
copy of the journalized supervised release plan and, if 19,559
applicable, a copy of the journalized additional terms and
conditions added by the court, the release authority shall keep 19,561
the original copy or copies in the child's file and shall provide 19,562
a copy of each document to the child, the employee of the 19,563
department who is assigned to supervise and assist the child 19,564
while on release, and the committing court. 19,565
(C) If a child who is in the custody of the department of 19,567
youth services was committed pursuant to division (A)(4) or (5) 19,569
(1)(b), (c), (d), OR (e) of section 2151.355 2152.16 of the 19,571
Revised Code and has been institutionalized or institutionalized 19,572
in a secure facility for the prescribed minimum periods of time 19,573
under those divisions and if the release authority is satisfied 19,574
that the discharge of the child without the child being placed on 19,575
supervised release would be consistent with the welfare of the 19,576
child and protection of the public, the department RELEASE 19,577
AUTHORITY, without approval of the court that committed the 19,579
child, may discharge the child from its THE DEPARTMENT'S custody 19,581
and control without placing the child on supervised release. 19,582
Additionally, the department RELEASE AUTHORITY may discharge a 19,583
child in its THE DEPARTMENT'S custody without the child being 19,584
placed on supervised release if the child is removed from the 19,585
jurisdiction of this state by a court order of a court of this
state, another state, or the United States, or by any agency of 19,587
this state, another state, or the United States, if the child is 19,588
452
convicted of or pleads guilty to any criminal offense, or as 19,589
otherwise provided by law. At least fifteen days before the 19,590
scheduled date of discharge of the child without the child being 19,591
placed on supervised release, the department shall notify the 19,592
committing court, in writing, that it is going to discharge the 19,593
child and of the reason for the discharge. Upon discharge of the 19,595
child without the child being placed on supervised release, the 19,596
department immediately shall certify the discharge in writing and 19,597
shall transmit the certificate of discharge to the committing 19,598
court.
(D) In addition to requirements that are reasonably 19,601
related to the child's prior pattern of criminal or delinquent 19,602
behavior and the prevention of further criminal or delinquent 19,603
behavior, the department RELEASE AUTHORITY shall specify the 19,604
following requirements for each child whom it releases: 19,605
(1) The child shall observe the law. 19,607
(2) The child shall maintain appropriate contact, as 19,609
specified in the written supervised release plan for that child. 19,611
(3) The child shall not change residence unless the child 19,614
seeks prior approval for the change from the employee of the 19,615
department assigned to supervise and assist the child, provides 19,617
that employee, at the time the child seeks the prior approval for 19,618
the change, with appropriate information regarding the new 19,620
residence address at which the child wishes to reside, and 19,621
obtains the prior approval of that employee for the change.
(E) The period of a child's supervised release may extend 19,624
from the date of release from an institution until the child 19,625
attains twenty-one years of age. If the period of supervised 19,627
release extends beyond one year after the date of release, the 19,628
child may request in writing that the release authority conduct a 19,629
discharge review after the expiration of the one-year period or 19,630
the minimum period or period. If the child so requests, the 19,631
release authority shall conduct a discharge review and give the 19,632
child its decision in writing. The release authority shall not 19,633
453
grant a discharge prior to the discharge date if it finds good 19,634
cause for retaining the child in the custody of the department 19,635
until the discharge date. A child may request an additional 19,636
discharge review six months after the date of a previous 19,637
discharge review decision, but not more than once during any 19,638
six-month period after the date of a previous discharge review 19,639
decision.
(F) At least two weeks before THE RELEASE AUTHORITY PLACES 19,641
ON SUPERVISED RELEASE OR DISCHARGE a child who was committed to 19,643
the legal custody of the department is placed on supervised
release or discharged, the release authority shall provide notice 19,645
of the release or discharge as follows: 19,646
(1) In relation to the placement on supervised release or 19,648
discharge of a child who was committed to the department for 19,650
committing an act that is a category one or category two offense, 19,651
the release authority shall notify, by the specified deadline, 19,653
all of the following of the release or discharge: 19,654
(a) The prosecuting attorney of the county in which the 19,656
child was adjudicated a delinquent child and committed to the 19,657
custody of the department; 19,658
(b) Whichever of the following is applicable: 19,660
(i) If upon the supervised release or discharge the child 19,662
will reside in a municipal corporation, the chief of police or 19,663
other chief law enforcement officer of that municipal 19,664
corporation;
(ii) If upon the supervised release or discharge the child 19,666
will reside in an unincorporated area of a county, the sheriff of 19,667
that county.
(2) In relation to the placement on supervised release or 19,669
discharge of a child who was committed to the department for 19,670
committing any act, the release authority shall notify, by the 19,671
specified deadline, each victim of the act for which the child 19,673
was committed to the legal custody of the department who, 19,674
pursuant to section 5139.56 of the Revised Code, has requested to 19,676
454
be notified of the placement of the child on supervised release 19,677
or the discharge of the child, provided that, if any victim has 19,679
designated a person pursuant to that section to act on the
victim's behalf as a victim's representative, the notification 19,680
required by this division shall be provided to that victim's 19,681
representative. 19,682
Sec. 5139.52. (A) At any time during a child's supervised 19,691
release or during the period of a child's early JUDICIAL release 19,692
TO DEPARTMENT OF YOUTH SERVICES SUPERVISION, if the regional 19,694
administrator or the employee of the department assigned to 19,695
supervise and assist the child has reasonable grounds to believe 19,696
that the child has violated a term or condition of the supervised 19,697
release or early JUDICIAL release, the administrator or employee 19,698
may request a court to issue a summons that requires the child to 19,702
appear for a hearing to answer charges of the alleged violation. 19,703
The summons shall contain a brief statement of the alleged 19,704
violation, including the date and place of the violation, and 19,705
shall require the child to appear for a hearing before the court 19,706
at a specific date, time, and place. 19,707
(B)(1) At any time while a child is on supervised release 19,709
or during the period of a child's early JUDICIAL release TO 19,710
DEPARTMENT OF YOUTH SERVICES SUPERVISION, a regional 19,712
administrator or a designee of a regional administrator, upon 19,713
application of the employee of the department assigned to 19,714
supervise and assist the child as described in this division, may 19,715
issue, or cause to be issued, an order of apprehension for the 19,717
arrest of the child for the alleged violation of a term or 19,718
condition of the child's supervised release or early JUDICIAL 19,719
release. An application requesting an order of apprehension 19,722
shall set forth that, in the good faith judgment of the employee 19,725
of the department assigned to supervise and assist the child 19,726
making the application, there is reasonable cause to believe that 19,729
the child who is on supervised release or early JUDICIAL release 19,730
TO DEPARTMENT OF YOUTH SERVICES SUPERVISION has violated or is 19,732
455
violating a term or condition of the child's supervised release 19,734
or early JUDICIAL release, shall state the basis for that belief, 19,736
and shall request that the child be taken to an appropriate place 19,737
of secure detention pending a probable cause determination. As 19,739
an alternative to an order of apprehension for the child, a 19,740
regional administrator or the employee of the department assigned 19,741
to supervise and assist the child may request a court to issue a 19,742
warrant for the arrest of the child.
Subject to the provision of prior notice required by 19,744
division (D)(1) of this section, if a regional administrator or a 19,747
designee of a regional administrator issues, in writing, an order 19,748
of apprehension for the arrest of a child, a staff member of the 19,749
department of youth services who has been designated pursuant to 19,750
division (A)(1) of section 5139.53 of the Revised Code as being 19,753
authorized to arrest and who has received the training described 19,754
in division (B)(1) of that section, or a peace officer, as 19,756
defined in section 2935.01 of the Revised Code, may arrest the 19,757
child, without a warrant, and place the child in secure detention 19,758
in accordance with this section. 19,759
If a child is on supervised release or early JUDICIAL 19,761
release TO DEPARTMENT OF YOUTH SERVICES SUPERVISION, any peace 19,762
officer, as defined in section 2935.01 of the Revised Code, may 19,765
arrest the child without a warrant or order of apprehension if 19,766
the peace officer has reasonable grounds to believe that the 19,767
child has violated or is violating any of the following that has 19,768
been prescribed by the release authority or department of youth 19,769
services relative to the child: 19,770
(a) A condition that prohibits the child's ownership, 19,773
possession, or use of a firearm, deadly weapon, ammunition, or 19,774
dangerous ordnance, all as defined in section 2923.11 of the 19,775
Revised Code;
(b) A condition that prohibits the child from being within 19,778
a specified structure or geographic area; 19,779
(c) A condition that confines the child to a residence, 19,782
456
facility, or other structure;
(d) A condition that prohibits the child from contacting 19,785
or communicating with any specified individual; 19,786
(e) A condition that prohibits the child from associating 19,789
with a specified individual;
(f) Any other rule, term, or condition governing the 19,792
conduct of the child that has been prescribed by the release 19,793
authority.
(2) Subject to the provision of prior notice required by 19,795
division (D)(1) of this section, a staff member of the department 19,796
of youth services who is designated by the director pursuant to 19,798
division (A)(1) of section 5139.53 of the Revised Code and who
has received the training described in division (B)(1) of that 19,800
section, a peace officer, as defined in section 2935.01 of the 19,801
Revised Code, or any other officer with the power to arrest may 19,802
execute a warrant or order of apprehension issued under division 19,804
(B)(1) of this section and take the child into secure custody. 19,806
(C) A staff member of the department of youth services who 19,808
is designated by the director of youth services pursuant to 19,809
division (A)(1) of section 5139.53 of the Revised Code and who 19,811
has received the training described in division (B)(1) of that 19,813
section, a peace officer, as defined in section 2935.01 of the 19,814
Revised Code, or any other officer with the power to arrest may 19,815
arrest without a warrant or order of apprehension and take into 19,816
secure custody a child in the legal custody of the department, if 19,818
the staff member, peace officer, or other officer has reasonable 19,819
cause to believe that the child who is on supervised release or 19,820
early JUDICIAL release TO DEPARTMENT OF YOUTH SERVICES 19,821
SUPERVISION has violated or is violating a term or condition of 19,822
the supervised release or early JUDICIAL release in any of the 19,823
following manners: 19,824
(1) The child committed or is committing an offense or 19,827
delinquent act in the presence of the staff member, peace
officer, or other officer. 19,829
457
(2) There is probable cause to believe that the child 19,831
violated a term or condition of supervised release or early 19,832
JUDICIAL release and that the child is leaving or is about to 19,835
leave the state.
(3) The child failed to appear before the release 19,837
authority pursuant to a summons for a modification or failed to 19,838
appear for a scheduled court hearing. 19,839
(4) The arrest of the child is necessary to prevent 19,841
physical harm to another person or to the child. 19,842
(D)(1) Except as otherwise provided in this division, 19,844
prior to arresting a child under this section, either in relation 19,845
to an order of apprehension or a warrant for arrest or in any 19,846
other manner authorized by this section, a staff member or 19,847
employee of the department of youth services shall provide notice 19,848
of the anticipated arrest to each county, municipal, or township 19,850
law enforcement agency with jurisdiction over the place at which 19,851
the staff member or employee anticipates making the arrest. A 19,853
staff member or employee is not required to provide the notice 19,854
described in this division prior to making an arrest in any 19,855
emergency situation or circumstance described under division (C) 19,857
of this section.
(2) If a child is arrested under this section and if it is 19,860
known that the child is on supervised release or early JUDICIAL 19,861
release TO DEPARTMENT OF YOUTH SERVICES SUPERVISION, a juvenile 19,862
court, local juvenile detention center FACILITY, or jail shall 19,864
notify the appropriate department of youth services regional 19,865
office that the child has been arrested and shall provide to the 19,866
regional office or to an employee of the department of youth 19,868
services a copy of the arrest information pertaining to the 19,869
arrest.
(3) Nothing in this section limits the power to make an 19,872
arrest that is granted to specified peace officers under section 19,873
2935.03 of the Revised Code, to any person under section 2935.04 19,875
of the Revised Code, or to any other specified category of 19,876
458
persons by any other provision of the Revised Code, or the power 19,877
to take a child into custody that is granted pursuant to section 19,878
2151.31 of the Revised Code. 19,879
(E) If a child who is on supervised release or who is 19,882
under a period of early JUDICIAL release TO DEPARTMENT OF YOUTH 19,883
SERVICES SUPERVISION is arrested under an order of apprehension, 19,884
under a warrant, or without a warrant as described in division 19,885
(B)(1), (B)(2), or (C) of this section and taken into secure 19,889
custody, all of the following apply:
(1) If no motion to revoke the child's supervised release 19,892
or early JUDICIAL release has been filed within seventy-two hours 19,894
after the child is taken into secure custody, the juvenile court, 19,895
in making its determinations at a detention hearing as to whether 19,897
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 19,898
JUDICIAL release may be filed, may consider, in addition to all 19,902
other evidence and information considered, the circumstances of 19,903
the child's arrest and, if the arrest was pursuant to an order of 19,904
apprehension, the order and the application for the order. 19,905
(2) If no motion to revoke the child's supervised release 19,907
or early JUDICIAL release has been filed within seventy-two hours 19,910
after the child is taken into secure custody and if the child has 19,911
not otherwise been released prior to the expiration of that 19,912
seventy-two-hour period, the child shall be released upon the 19,913
expiration of that seventy-two-hour period. 19,914
(3) If the person is eighteen, nineteen, or twenty years 19,918
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 19,920
the person is under eighteen years of age, the person may be 19,922
confined in secure detention in the nearest juvenile detention 19,924
facility.
(4) If a motion to revoke the child's supervised release 19,926
or early JUDICIAL release is filed after the child has been taken 19,929
into secure custody and the court decides at the detention 19,930
459
hearing to release the child from secure custody, the court may 19,931
release the child on the same terms and conditions that are 19,932
currently in effect regarding the child's supervised release or 19,933
early JUDICIAL release, pending revocation or subsequent 19,935
modification. 19,936
(F) If a child who is on supervised release is arrested 19,939
under an order of apprehension, under a warrant, or without a 19,940
warrant as described in division (B)(1), (B)(2), or (C) of this 19,943
section and taken into secure custody, and if a motion to revoke 19,944
the child's supervised release is filed, the juvenile court of 19,945
the county in which the child is placed promptly shall schedule a 19,946
time for a hearing on whether the child violated any of the terms 19,948
and conditions of the supervised release. If a child is released
on supervised release and the juvenile court of the county in 19,950
which the child is placed otherwise has reason to believe that 19,951
the child has not complied with the terms and conditions of the 19,952
supervised release, the court of the county in which the child is 19,953
placed, in its discretion, may schedule a time for a hearing on 19,954
whether the child violated any of the terms and conditions of the 19,955
supervised release. If the court of the county in which the 19,956
child is placed on supervised release conducts a hearing and 19,957
determines at the hearing that the child did not violate any term 19,959
or condition of the child's supervised release, the child shall 19,960
be released from custody, if the child is in custody at that 19,961
time, and shall continue on supervised release under the terms 19,962
and conditions that were in effect at the time of the child's 19,963
arrest, subject to subsequent revocation or modification. If the 19,964
court of the county in which the child is placed on supervised 19,965
release conducts a hearing and determines at the hearing that the 19,966
child violated one or more of the terms and conditions of the 19,967
child's supervised release, the court, if it determines that the 19,968
violation was a serious violation, may revoke the child's 19,969
supervised release and order the child to be returned to the 19,970
department of youth services for institutionalization or, in any 19,971
460
case, may make any other disposition of the child authorized by 19,972
law that the court considers proper. If the court orders the 19,973
child to be returned to a department of youth services 19,974
institution, the child shall remain institutionalized for a 19,975
minimum period of thirty days, the department shall not reduce 19,976
the minimum thirty-day period of institutionalization for any 19,977
time that the child was held in secure custody subsequent to the 19,978
child's arrest and pending the revocation hearing and the child's 19,979
return to the department, the release authority, in its 19,980
discretion, may require the child to remain in 19,981
institutionalization for longer than the minimum thirty-day 19,982
period, and the child is not eligible for judicial release or
early release during the minimum thirty-day period of 19,983
institutionalization or any period of institutionalization in 19,984
excess of the minimum thirty-day period.
This division does not apply regarding a child who is under 19,986
a period of early JUDICIAL release TO DEPARTMENT OF YOUTH 19,987
SERVICES SUPERVISION. Division (D) of section 2151.38 2152.22 of 19,988
the Revised Code applies in relation to a child who is under a 19,990
period of early JUDICIAL release TO DEPARTMENT OF YOUTH SERVICES 19,991
SUPERVISION.
Sec. 5139.53. (A)(1) The director of youth services shall 20,001
designate certain employees of the department of youth services, 20,002
including regional administrators, as persons who are authorized, 20,003
in accordance with section 5139.52 of the Revised Code, to 20,005
execute an order of apprehension or a warrant for, or otherwise 20,006
to arrest, children in the custody of the department who are 20,008
violating or are alleged to have violated the terms and
conditions of supervised release or early JUDICIAL release TO 20,009
DEPARTMENT OF YOUTH SERVICES SUPERVISION. 20,010
(2) The director of youth services shall designate some of 20,012
the employees designated under division (A)(1) of this section as 20,014
employees authorized to carry a firearm issued by the department 20,015
while on duty for their protection in carrying out official
461
duties.
(B)(1) An employee of the department designated by the 20,017
director pursuant to division (A)(1) of this section as having 20,020
the authority to execute orders of apprehension or warrants and 20,021
to arrest children as described in that division shall not 20,022
undertake an arrest until the employee has successfully completed 20,023
training courses regarding the making of arrests by employees of 20,024
that nature that are developed in cooperation with and approved 20,025
by the executive director of the Ohio peace officer training 20,026
commission. The courses shall include, but shall not be limited 20,027
to, training in arrest tactics, defensive tactics, the use of 20,028
force, and response tactics. 20,029
(2) The director of youth services shall develop, and 20,032
shall submit to the governor for the governor's approval, a 20,033
deadly force policy for the department. The deadly force policy 20,034
shall require each employee who is designated under division 20,035
(A)(2) of this section to carry a firearm in the discharge of 20,037
official duties to receive training in the use of deadly force, 20,038
shall specify the number of hours and the general content of the 20,039
training in the use of deadly force that each of the designated 20,040
employees must receive, and shall specify the procedures that 20,041
must be followed after the use of deadly force by any of the 20,042
designated employees. Upon receipt of the policy developed by 20,043
the director under this division, the governor, in writing, 20,044
promptly shall approve or disapprove the policy. If the 20,045
governor, in writing, disapproves the policy, the director shall 20,046
develop and resubmit a new policy under this division, and no 20,047
employee shall be trained under the disapproved policy. If the 20,048
governor, in writing, approves the policy, the director shall 20,049
adopt it as a department policy and shall distribute it to each 20,050
employee designated under (A)(2) of this section to carry a 20,052
firearm in the discharge of official duties. An employee
designated by the director pursuant to division (A)(2) of this 20,054
section to carry a firearm in the discharge of official duties 20,055
462
shall not carry a firearm until the employee has successfully
completed both of the following: 20,056
(a) Training in the use of deadly force that comports with 20,059
the policy approved by the governor and developed and adopted by 20,060
the director under division (B)(2) of this section. The training 20,062
required by this division shall be conducted at a training school 20,063
approved by the Ohio peace officer training commission and shall 20,065
be in addition to the training described in divisions (B)(1) and 20,066
(2)(b) of this section that the employee must complete prior to 20,068
undertaking an arrest and separate from and independent of the 20,069
training required by division (B)(2)(b) of this section. 20,071
(b) A basic firearm training program that is conducted at 20,074
a training school approved by the Ohio peace officer training 20,075
commission and that is substantially similar to the basic firearm 20,076
training program for peace officers conducted at the Ohio peace 20,078
officer training academy and has received a certificate of 20,079
satisfactory completion of that program from the executive 20,080
director of the Ohio peace officer training commission. The 20,082
training described in this division that an employee must 20,083
complete prior to carrying a firearm shall be in addition to the 20,084
training described in division (B)(1) of this section that the 20,085
employee must complete prior to undertaking an arrest. 20,086
(C) After receipt of a certificate of satisfactory 20,089
completion of a basic firearm training program, to maintain the 20,090
right to carry a firearm in the discharge of official duties, an 20,091
employee authorized under this section to carry a firearm shall 20,092
successfully complete a firearms requalification program in 20,093
accordance with section 109.801 of the Revised Code.
(D) Each employee authorized to carry a firearm shall give 20,096
bond to the state to be approved by the clerk of the court of 20,097
common pleas in the county of that employee's residence. The 20,098
bond shall be in the sum of one thousand dollars, conditioned to 20,099
save the public harmless by reason of the unlawful use of a 20,100
firearm. A person injured or the family of a person killed by 20,101
463
the employee's improper use of a firearm may have recourse on the 20,102
bond.
(E) In addition to the deadly force policy adopted under 20,104
division (B)(2) of this section, the director of youth services 20,106
shall establish policies for the carrying and use of firearms by 20,107
the employees that the director designates under this section. 20,108
Sec. 5139.54. (A) Notwithstanding any other provision for 20,117
determining when a child shall be released or discharged from the 20,119
legal custody of the department of youth services, including 20,120
jurisdictional provisions in section 2151.38 2152.22 of the 20,121
Revised Code, the release authority, for medical reasons, may 20,123
release a child upon supervised release or discharge the child 20,124
from the custody of the department when any of the following 20,125
applies:
(1) The child is terminally ill or otherwise in imminent 20,128
danger of death.
(2) The child is incapacitated due to injury, disease, 20,130
illness, or other medical condition and is no longer a threat to 20,131
public safety. 20,132
(3) The child appears to be a mentally ill person subject 20,135
to hospitalization by court order, as defined in section 5122.01
of the Revised Code, or a mentally retarded person subject to 20,138
institutionalization by court order, as defined in section
5123.01 of the Revised Code. 20,139
(B) When considering whether to release or discharge a 20,142
child under this section for medical reasons, the release 20,144
authority may request additional medical information about the 20,145
child or may ask the department to conduct additional medical 20,146
examinations.
(C) The release authority shall determine the appropriate 20,149
level of supervised release for a child released under this 20,150
section. The terms and conditions of the release may require 20,151
periodic medical reevaluations as appropriate. Upon granting a 20,153
release or discharge under this section, the release authority
464
shall give notice of the release and its terms and conditions or 20,154
of the discharge to the court that committed the child to the 20,155
custody of the department. 20,156
(D) The release authority shall submit annually to the 20,159
director of youth services a report that includes all of the 20,160
following information for the previous calendar year: 20,161
(1) The number of children the release authority 20,163
considered for medical release or discharge; 20,164
(2) The nature of the injury, disease, illness, or other 20,166
medical condition of each child considered for medical release or 20,167
discharge; 20,168
(3) The decision made by the release authority for each 20,170
child, including the reasons for denying medical release or 20,171
discharge or for granting it; 20,172
(4) The number of children on medical release who were 20,174
returned to a secure facility or whose supervised release was 20,175
revoked. 20,176
Sec. 5139.55. (A)(1) The office of victims' services is 20,186
hereby created within THE RELEASE AUTHORITY OF the department of 20,187
youth services. The office of victims' services shall provide 20,189
assistance to victims, victims' representatives, and members of a 20,190
victim's family. The assistance shall include, but shall not be 20,191
limited to, all of the following: 20,192
(a) If the court has provided the name and address of the 20,195
victims of the child's acts to the department of youth services, 20,196
notification that the child has been committed to the department, 20,197
notification of the right of the victim or another authorized 20,198
person to designate a person as a victim's representative under 20,200
section 5139.56 of the Revised Code and of the actions that must 20,202
be taken to make that designation, and notification of the right 20,203
to be notified of release reviews, pending release hearings, 20,204
revocation reviews, and discharge reviews related to that child 20,205
and of the right to participate in release proceedings under that 20,206
section and of the actions that must be taken to exercise those 20,207
465
rights;
(b) The provision of information about the policies and 20,210
procedures of the department of youth services and the status of
children in the legal custody of the department. 20,211
(2) The office shall make available information to assist 20,214
victims of delinquent children on supervised release or in a 20,217
secure facility.
(B) The office of victims' services shall employ a victims 20,220
coordinator ADMINISTRATOR who shall administer the duties of the 20,222
office. The victims coordinator ADMINISTRATOR shall be in the 20,224
unclassified civil service and a managing officer of the 20,225
department. The office shall employ other staff members to 20,226
assist the members of the release authority and hearing 20,227
representatives in identifying victims' issues, ensure that the 20,228
release authority upholds the provisions of section 5139.56 of 20,229
the Revised Code, and make recommendations to the release 20,230
authority in accordance with policies adopted by the department. 20,231
(C) The office of victims' services shall coordinate its 20,234
activities with the chairperson of the release authority. The 20,235
victims coordinator ADMINISTRATOR and other employees of the 20,237
office shall have full access to the records of children in the 20,238
legal custody of the department in accordance with division (D) 20,239
of section 5139.05 of the Revised Code.
Sec. 5705.01. As used in this chapter: 20,248
(A) "Subdivision" means any county; municipal corporation; 20,250
township; township police district; township fire district; joint 20,251
fire district; joint ambulance district; joint emergency medical 20,252
services district; fire and ambulance district; joint recreation 20,253
district; township waste disposal district; township road 20,254
district; community college district; technical college district; 20,255
detention home FACILITY district; a district organized under 20,256
section 2151.65 of the Revised Code; a combined district 20,258
organized under sections 2151.34 2152.41 and 2151.65 of the 20,259
Revised Code; a joint-county alcohol, drug addiction, and mental 20,261
466
health service district; a drainage improvement district created 20,262
under section 6131.52 of the Revised Code; a union cemetery 20,263
district; a county school financing district; or a city, local, 20,264
exempted village, cooperative education, or joint vocational 20,265
school district.
(B) "Municipal corporation" means all municipal 20,267
corporations, including those that have adopted a charter under 20,268
Article XVIII, Ohio Constitution. 20,269
(C) "Taxing authority" or "bond issuing authority" means, 20,271
in the case of any county, the board of county commissioners; in 20,272
the case of a municipal corporation, the council or other 20,273
legislative authority of the municipal corporation; in the case 20,274
of a city, local, exempted village, cooperative education, or 20,275
joint vocational school district, the board of education; in the 20,276
case of a community college district, the board of trustees of 20,277
the district; in the case of a technical college district, the 20,278
board of trustees of the district; in the case of a detention 20,279
home FACILITY district, a district organized under section 20,280
2151.65 of the Revised Code, or a combined district organized 20,282
under sections 2151.34 2152.41 and 2151.65 of the Revised Code, 20,283
the joint board of county commissioners of the district; in the 20,285
case of a township, the board of township trustees; in the case 20,286
of a joint fire district, the board of fire district trustees; in 20,287
the case of a joint recreation district, the joint recreation 20,288
district board of trustees; in the case of a joint-county 20,289
alcohol, drug addiction, and mental health service district, the 20,290
district's board of alcohol, drug addiction, and mental health 20,291
services; in the case of a joint ambulance district or a fire and 20,292
ambulance district, the board of trustees of the district; in the 20,294
case of a union cemetery district, the legislative authority of 20,295
the municipal corporation and the board of township trustees, 20,296
acting jointly as described in section 759.341 of the Revised 20,297
Code; in the case of a drainage improvement district, the board 20,298
of county commissioners of the county in which the drainage 20,299
467
district is located; in the case of a joint emergency medical 20,300
services district, the joint board of county commissioners of all 20,301
counties in which all or any part of the district lies; and in
the case of a township police district, a township fire district, 20,302
a township road district, or a township waste disposal district, 20,303
the board of township trustees of the township in which the 20,304
district is located. "Taxing authority" also means the 20,305
educational service center governing board that serves as the 20,307
taxing authority of a county school financing district as 20,308
provided in section 3311.50 of the Revised Code. 20,309
(D) "Fiscal officer" in the case of a county, means the 20,311
county auditor; in the case of a municipal corporation, the city 20,312
auditor or village clerk, or such officer as, by virtue of the 20,313
charter, has the duties and functions of the city auditor or 20,314
village clerk, except that in the case of a municipal university 20,315
the board of directors of which have assumed, in the manner 20,316
provided by law, the custody and control of the funds of the 20,317
university, the chief accounting officer of the university shall 20,318
perform, with respect to the funds, the duties vested in the 20,319
fiscal officer of the subdivision by sections 5705.41 and 5705.44 20,320
of the Revised Code; in the case of a school district, the 20,321
treasurer of the board of education; in the case of a county 20,322
school financing district, the treasurer of the educational 20,323
service center governing board that serves as the taxing 20,325
authority; in the case of a township, the township clerk; in the 20,326
case of a joint fire district, the clerk of the board of fire 20,327
district trustees; in the case of a joint ambulance district, the 20,328
clerk of the board of trustees of the district; in the case of a 20,329
joint emergency medical services district, the person appointed 20,330
as fiscal officer pursuant to division (D) of section 307.053 of 20,331
the Revised Code; in the case of a fire and ambulance district, 20,332
the person appointed as fiscal officer pursuant to division (B)
of section 505.375 of the Revised Code; in the case of a joint 20,333
recreation district, the person designated pursuant to section 20,334
468
755.15 of the Revised Code; in the case of a union cemetery 20,335
district, the clerk of the municipal corporation designated in 20,336
section 759.34 of the Revised Code; in the case of a children's 20,337
home district, educational service center, general health 20,340
district, joint-county alcohol, drug addiction, and mental health 20,341
service district, county library district, detention home
FACILITY district, district organized under section 2151.65 of 20,343
the Revised Code, a combined district organized under sections 20,344
2151.34 2152.41 and 2151.65 of the Revised Code, or a 20,346
metropolitan park district for which no treasurer has been 20,347
appointed pursuant to section 1545.07 of the Revised Code, the 20,348
county auditor of the county designated by law to act as the 20,349
auditor of the district; in the case of a metropolitan park 20,350
district which has appointed a treasurer pursuant to section 20,351
1545.07 of the Revised Code, that treasurer; in the case of a 20,352
drainage improvement district, the auditor of the county in which 20,353
the drainage improvement district is located; and in all other 20,354
cases, the officer responsible for keeping the appropriation 20,355
accounts and drawing warrants for the expenditure of the moneys 20,356
of the district or taxing unit.
(E) "Permanent improvement" or "improvement" means any 20,358
property, asset, or improvement with an estimated life or 20,359
usefulness of five years or more, including land and interests 20,360
therein, and reconstructions, enlargements, and extensions 20,361
thereof having an estimated life or usefulness of five years or 20,362
more. 20,363
(F) "Current operating expenses" and "current expenses" 20,365
mean the lawful expenditures of a subdivision, except those for 20,366
permanent improvements, and except payments for interest, sinking 20,367
fund, and retirement of bonds, notes, and certificates of 20,368
indebtedness of the subdivision. 20,369
(G) "Debt charges" means interest, sinking fund, and 20,371
retirement charges on bonds, notes, or certificates of 20,372
indebtedness. 20,373
469
(H) "Taxing unit" means any subdivision or other 20,375
governmental district having authority to levy taxes on the 20,376
property in the district or issue bonds that constitute a charge 20,377
against the property of the district, including conservancy 20,378
districts, metropolitan park districts, sanitary districts, road 20,379
districts, and other districts. 20,380
(I) "District authority" means any board of directors, 20,382
trustees, commissioners, or other officers controlling a district 20,383
institution or activity that derives its income or funds from two 20,384
or more subdivisions, such as the educational service center, the 20,386
trustees of district children's homes, the district board of 20,388
health, a joint-county alcohol, drug addiction, and mental health 20,389
service district's board of alcohol, drug addiction, and mental 20,390
health services, detention home FACILITY districts, a joint 20,391
recreation district board of trustees, districts organized under 20,393
section 2151.65 of the Revised Code, combined districts organized 20,394
under sections 2151.34 2152.41 and 2151.65 of the Revised Code, 20,395
and other such boards.
(J) "Tax list" and "tax duplicate" mean the general tax 20,397
lists and duplicates prescribed by sections 319.28 and 319.29 of 20,398
the Revised Code. 20,399
(K) "Property" as applied to a tax levy means taxable 20,401
property listed on general tax lists and duplicates. 20,402
(L) "School library district" means a school district in 20,404
which a free public library has been established that is under 20,405
the control and management of a board of library trustees as 20,406
provided in section 3375.15 of the Revised Code. 20,407
Sec. 5705.19. This section does not apply to school 20,417
districts or county school financing districts. 20,418
The taxing authority of any subdivision at any time and in 20,420
any year, by vote of two-thirds of all the members of the taxing 20,421
authority, may declare by resolution and certify the resolution 20,422
to the board of elections not less than seventy-five days before 20,423
the election upon which it will be voted that the amount of taxes 20,424
470
that may be raised within the ten-mill limitation will be 20,425
insufficient to provide for the necessary requirements of the 20,426
subdivision and that it is necessary to levy a tax in excess of 20,427
that limitation for any of the following purposes: 20,428
(A) For current expenses of the subdivision, except that 20,430
the total levy for current expenses of a detention home FACILITY 20,431
district or district organized under section 2151.65 of the 20,433
Revised Code shall not exceed two mills and that the total levy 20,434
for current expenses of a combined district organized under 20,435
sections 2151.34 2152.41 and 2151.65 of the Revised Code shall 20,437
not exceed four mills;
(B) For the payment of debt charges on certain described 20,439
bonds, notes, or certificates of indebtedness of the subdivision 20,440
issued subsequent to January 1, 1925; 20,441
(C) For the debt charges on all bonds, notes, and 20,443
certificates of indebtedness issued and authorized to be issued 20,444
prior to January 1, 1925; 20,445
(D) For a public library of, or supported by, the 20,447
subdivision under whatever law organized or authorized to be 20,448
supported; 20,449
(E) For a municipal university, not to exceed two mills 20,451
over the limitation of one mill prescribed in section 3349.13 of 20,452
the Revised Code; 20,453
(F) For the construction or acquisition of any specific 20,455
permanent improvement or class of improvements that the taxing 20,456
authority of the subdivision may include in a single bond issue; 20,457
(G) For the general construction, reconstruction, 20,459
resurfacing, and repair of streets, roads, and bridges in 20,460
municipal corporations, counties, or townships; 20,461
(H) For recreational purposes; 20,463
(I) For the purpose of providing and maintaining fire 20,465
apparatus, appliances, buildings, or sites therefor, or sources 20,466
of water supply and materials therefor, or the establishment and 20,467
maintenance of lines of fire alarm telegraph, or the payment of 20,468
471
permanent, part-time, or volunteer firefighters or firefighting 20,470
companies to operate the same, including the payment of the 20,471
firefighter employers' contribution required under section 742.34 20,474
of the Revised Code, or the purchase of ambulance equipment, or 20,476
the provision of ambulance, paramedic, or other emergency medical 20,477
services operated by a fire department or firefighting company; 20,479
(J) For the purpose of providing and maintaining motor 20,481
vehicles, communications, and other equipment used directly in 20,482
the operation of a police department, or the payment of salaries 20,483
of permanent police personnel, including the payment of the 20,484
police officer employers' contribution required under section 20,486
742.33 of the Revised Code, or the payment of the costs incurred 20,487
by townships as a result of contracts made with other political 20,488
subdivisions in order to obtain police protection, or the 20,489
provision of ambulance or emergency medical services operated by 20,490
a police department; 20,491
(K) For the maintenance and operation of a county home OR 20,493
DETENTION FACILITY; 20,494
(L) For community mental retardation and developmental 20,496
disabilities programs and services pursuant to Chapter 5126. of 20,497
the Revised Code, except that the procedure for such levies shall 20,498
be as provided in section 5705.222 of the Revised Code; 20,499
(M) For regional planning; 20,501
(N) For a county's share of the cost of maintaining and 20,503
operating schools, district detention homes FACILITIES, forestry 20,504
camps, or other facilities, or any combination thereof, 20,506
established under section 2151.34 2152.41 or 2151.65 of the 20,507
Revised Code or both of those sections; 20,509
(O) For providing for flood defense, providing and 20,511
maintaining a flood wall or pumps, and other purposes to prevent 20,512
floods; 20,513
(P) For maintaining and operating sewage disposal plants 20,515
and facilities; 20,516
(Q) For the purpose of purchasing, acquiring, 20,518
472
constructing, enlarging, improving, equipping, repairing, 20,519
maintaining, or operating, or any combination of the foregoing, a 20,520
county transit system pursuant to sections 306.01 to 306.13 of 20,521
the Revised Code, or of making any payment to a board of county 20,523
commissioners operating a transit system or a county transit 20,524
board pursuant to section 306.06 of the Revised Code; 20,525
(R) For the subdivision's share of the cost of acquiring 20,527
or constructing any schools, forestry camps, detention homes 20,528
FACILITIES, or other facilities, or any combination thereof, 20,530
under section 2151.34 2152.41 or 2151.65 of the Revised Code or 20,531
both of those sections; 20,532
(S) For the prevention, control, and abatement of air 20,534
pollution; 20,535
(T) For maintaining and operating cemeteries; 20,537
(U) For providing ambulance service, emergency medical 20,539
service, or both; 20,540
(V) For providing for the collection and disposal of 20,542
garbage or refuse, including yard waste; 20,543
(W) For the payment of the police officer employers' 20,546
contribution or the firefighter employers' contribution required 20,549
under sections 742.33 and 742.34 of the Revised Code; 20,550
(X) For the construction and maintenance of a drainage 20,552
improvement pursuant to section 6131.52 of the Revised Code; 20,553
(Y) For providing or maintaining senior citizens services 20,555
or facilities as authorized by section 307.694, 307.85, 505.70, 20,556
or 505.706 or division (EE) of section 717.01 of the Revised 20,557
Code;
(Z) For the provision and maintenance of zoological park 20,559
services and facilities as authorized under section 307.76 of the 20,560
Revised Code; 20,561
(AA) For the maintenance and operation of a free public 20,563
museum of art, science, or history; 20,564
(BB) For the establishment and operation of a 9-1-1 20,566
system, as defined in section 4931.40 of the Revised Code; 20,567
473
(CC) For the purpose of acquiring, rehabilitating, or 20,569
developing rail property or rail service. As used in this 20,570
division, "rail property" and "rail service" have the same 20,571
meanings as in section 4981.01 of the Revised Code. This 20,572
division applies only to a county, township, or municipal 20,573
corporation. 20,574
(DD) For the purpose of acquiring property for, 20,576
constructing, operating, and maintaining community centers as 20,577
provided for in section 755.16 of the Revised Code; 20,578
(EE) For the creation and operation of an office or joint 20,580
office of economic development, for any economic development 20,581
purpose of the office, and to otherwise provide for the 20,582
establishment and operation of a program of economic development 20,583
pursuant to sections 307.07 and 307.64 of the Revised Code; 20,584
(FF) For the purpose of acquiring, establishing, 20,586
constructing, improving, equipping, maintaining, or operating, or 20,587
any combination of the foregoing, a township airport, landing 20,588
field, or other air navigation facility pursuant to section 20,589
505.15 of the Revised Code; 20,590
(GG) For the payment of costs incurred by a township as a 20,592
result of a contract made with a county pursuant to section 20,593
505.263 of the Revised Code in order to pay all or any part of 20,594
the cost of constructing, maintaining, repairing, or operating a 20,595
water supply improvement; 20,596
(HH) For a board of township trustees to acquire, other 20,598
than by appropriation, an ownership interest in land, water, or 20,599
wetlands, or to restore or maintain land, water, or wetlands in 20,600
which the board has an ownership interest, not for purposes of 20,602
recreation, but for the purposes of protecting and preserving the 20,603
natural, scenic, open, or wooded condition of the land, water, or 20,604
wetlands against modification or encroachment resulting from 20,605
occupation, development, or other use, which may be styled as 20,606
protecting or preserving "greenspace" in the resolution, notice 20,607
of election, or ballot form; 20,608
474
(II) For the support by a county of a crime victim 20,610
assistance program that is provided and maintained by a county 20,611
agency or a private, nonprofit corporation or association under 20,612
section 307.62 of the Revised Code; 20,613
(JJ) For any or all of the purposes set forth in divisions 20,615
(I) and (J) of this section. This division applies only to a 20,616
township. 20,617
(KK) For a countywide public safety communications system 20,619
under section 307.63 of the Revised Code. This division applies 20,620
only to counties. 20,621
(LL) For the support by a county of criminal justice 20,623
services under section 307.45 of the Revised Code; 20,624
(MM) For the purpose of maintaining and operating a jail 20,626
or other detention facility as defined in section 2921.01 of the 20,627
Revised Code; 20,628
(NN) For purchasing, maintaining, or improving, or any 20,630
combination of the foregoing, real estate on which to hold 20,631
agricultural fairs. This division applies only to a county. 20,632
(OO) For constructing, rehabilitating, repairing, or 20,634
maintaining sidewalks, walkways, trails, bicycle pathways, or 20,635
similar improvements, or acquiring ownership interests in land 20,636
necessary for the foregoing improvements, by a board of township 20,637
trustees;
(PP) For both of the purposes set forth in divisions (G) 20,639
and (OO) of this section. This division applies only to a 20,640
township.
(QQ) For both of the purposes set forth in divisions (H) 20,642
and (HH) of this section. This division applies only to a 20,643
township.
(RR) For the legislative authority of a municipal 20,645
corporation, board of county commissioners of a county, or board 20,646
of township trustees of a township to acquire agricultural 20,647
easements, as defined in section 5301.67 of the Revised Code, and 20,649
to supervise and enforce the easements. 20,650
475
The resolution shall be confined to the purpose or purposes 20,653
described in one division of this section, to which the revenue 20,654
derived therefrom shall be applied. The existence in any other 20,655
division of this section of authority to levy a tax for any part 20,656
or all of the same purpose or purposes does not preclude the use 20,657
of such revenues for any part of the purpose or purposes of the 20,658
division under which the resolution is adopted. 20,659
The resolution shall specify the amount of the increase in 20,661
rate that it is necessary to levy, the purpose of that increase 20,663
in rate, and the number of years during which the increase in 20,664
rate shall be in effect, which may or may not include a levy upon 20,665
the duplicate of the current year. The number of years may be 20,666
any number not exceeding five, except as follows: 20,667
(1) When the additional rate is for the payment of debt 20,669
charges, the increased rate shall be for the life of the 20,670
indebtedness. 20,671
(2) When the additional rate is for any of the following, 20,673
the increased rate shall be for a continuing period of time: 20,674
(a) For the current expenses for a detention home FACILITY 20,676
district, a district organized under section 2151.65 of the 20,677
Revised Code, or a combined district organized under sections 20,678
2151.34 2152.41 and 2151.65 of the Revised Code; 20,679
(b) For providing a county's share of the cost of 20,681
maintaining and operating schools, district detention homes 20,682
FACILITIES, forestry camps, or other facilities, or any 20,683
combination thereof, established under section 2151.34 2152.41 or 20,685
2151.65 of the Revised Code or under both of those sections. 20,687
(3) When the additional rate is for any of the following, 20,689
the increased rate may be for a continuing period of time: 20,690
(a) For the purposes set forth in division (I), (J), (U), 20,692
or (KK) of this section; 20,693
(b) For the maintenance and operation of a joint 20,695
recreation district; 20,696
(c) A levy imposed by a township for the purposes set 20,698
476
forth in division (G) of this section. 20,699
(4) When the increase is for the purpose set forth in 20,701
division (D) or (CC) of this section or for both of the purposes 20,702
set forth in divisions (G) and (OO) of this section, the tax levy 20,703
may be for any specified number of years or for a continuing 20,705
period of time, as set forth in the resolution. 20,706
(5) When the additional rate is for the purpose described 20,708
in division (Z) of this section, the increased rate shall be for 20,709
any number of years not exceeding ten. 20,710
A levy for the purposes set forth in division (I), (J), or 20,712
(U) of this section, and a levy imposed by a township for the 20,713
purposes set forth in division (G) of this section, may be 20,714
reduced pursuant to section 5705.261 or 5705.31 of the Revised 20,715
Code. A levy for the purposes set forth in division (I), (J), or 20,716
(U) of this section, and a levy imposed by a township for the 20,717
purposes set forth in division (G) of this section, may also be 20,718
terminated or permanently reduced by the taxing authority if it 20,719
adopts a resolution stating that the continuance of the levy is 20,720
unnecessary and the levy shall be terminated or that the millage 20,721
is excessive and the levy shall be decreased by a designated 20,722
amount. 20,723
A resolution of a detention home FACILITY district, a 20,725
district organized under section 2151.65 of the Revised Code, or 20,726
a combined district organized under both sections 2151.34 2152.41 20,728
and 2151.65 of the Revised Code may include both current expenses 20,729
and other purposes, provided that the resolution shall apportion 20,730
the annual rate of levy between the current expenses and the 20,731
other purpose or purposes. The apportionment need not be the 20,732
same for each year of the levy, but the respective portions of 20,733
the rate actually levied each year for the current expenses and 20,734
the other purpose or purposes shall be limited by the 20,735
apportionment.
Whenever a board of county commissioners, acting either as 20,737
the taxing authority of its county or as the taxing authority of 20,738
477
a sewer district or subdistrict created under Chapter 6117. of 20,739
the Revised Code, by resolution declares it necessary to levy a 20,740
tax in excess of the ten-mill limitation for the purpose of 20,741
constructing, improving, or extending sewage disposal plants or 20,742
sewage systems, the tax may be in effect for any number of years 20,743
not exceeding twenty, and the proceeds of the tax, 20,744
notwithstanding the general provisions of this section, may be 20,746
used to pay debt charges on any obligations issued and 20,747
outstanding on behalf of the subdivision for the purposes 20,748
enumerated in this paragraph, provided that any such obligations 20,749
have been specifically described in the resolution. 20,750
The resolution shall go into immediate effect upon its 20,752
passage, and no publication of the resolution is necessary other 20,753
than that provided for in the notice of election. 20,754
When the electors of a subdivision have approved a tax levy 20,756
under this section, the taxing authority of the subdivision may 20,757
anticipate a fraction of the proceeds of the levy and issue 20,758
anticipation notes in accordance with section 5705.191 or 20,759
5705.193 of the Revised Code. 20,760
Section 4. That existing sections 109.42, 109.54, 109.573, 20,762
133.01, 181.22, 307.02, 307.022, 329.05, 2151.01, 2151.011, 20,764
2151.022, 2151.07, 2151.08, 2151.10, 2151.11, 2151.12, 2151.14, 20,765
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, 20,766
2151.313, 2151.314, 2151.315, 2151.34, 2151.341, 2151.343, 20,767
2151.35, 2151.352, 2151.354, 2151.356, 2151.357, 2151.358, 20,768
2151.359, 2151.3510, 2151.3511, 2151.36, 2151.38, 2151.47, 20,770
2151.62, 2151.65, 2151.651, 2151.652, 2151.655, 2151.78, 2151.79, 20,771
2151.99, 2153.16, 2301.03, 2301.31, 2701.03, 2744.01, 2744.03,
2919.24, 2921.32, 2923.211, 2923.32, 2923.33, 2923.34, 2923.36, 20,772
2923.44, 2923.45, 2925.42, 2925.43, 2929.01, 2929.12, 2929.23, 20,773
2930.12, 2930.13, 2938.02, 2941.141, 2941.142, 2941.144, 20,774
2941.145, 2941.146, 3109.41, 3301.121, 3313.66, 3321.19, 3321.22, 20,775
3730.07, 3730.99, 4109.08, 5103.03, 5120.16, 5120.172, 5139.01, 20,777
478
5139.02, 5139.04, 5139.05, 5139.06, 5139.07, 5139.11, 5139.18, 20,778
5139.191, 5139.20, 5139.27, 5139.271, 5139.281, 5139.29, 5139.31, 20,779
5139.32, 5139.35, 5139.41, 5139.50, 5139.51, 5139.52, 5139.53, 20,780
5139.54, 5139.55, 5705.01, and 5705.19 and sections 2151.02, 20,781
2151.021, 2151.342, 2151.344, 2151.345, 2151.346, 2151.347, 20,782
2151.348, 2151.349, 2151.3410, 2151.3411, 2151.3412, 2151.3413, 20,783
2151.3414, 2151.3415, 2151.3416, 2151.355, 2151.3512, 2151.411, 20,784
2151.45, 2151.46, 2151.48, 2151.51, and 5139.24 of the Revised 20,785
Code are hereby repealed.
Section 5. Sections 3 and 4 of this act shall take effect 20,787
on January 1, 2002.
Section 6. The General Assembly hereby encourages the 20,789
Supreme Court to amend the Juvenile Rules to be consistent with 20,790
the changes in the Juvenile Laws pertaining to delinquent 20,791
children, particularly the laws relating to serious youthful 20,792
offender dispositional sentences. 20,793
The General Assembly hereby encourages the Supreme Court to 20,795
amend Rule 29(C) to permit "no contest" pleas in juvenile traffic 20,796
offender and non-traffic cases with the consent of the juvenile 20,797
court in a manner similar to Criminal Rule 11. Children paying 20,798
fines to juvenile traffic violations bureaus should be required 20,799
to admit guilt, with parental knowledge. 20,800
The General Assembly hereby encourages the Supreme Court to 20,803
amend the Rules for the Government of the Judiciary of Ohio or 20,804
other appropriate rules, or to take other appropriate action, to 20,805
encourage cooperation between divisions of the courts of common 20,806
pleas to better implement this act, including, but not limited 20,807
to, the provisions of this act authorizing, in specified
circumstances, jury trials in juvenile courts. 20,808
Section 7. The General Assembly hereby encourages the 20,810
Supreme Court to make the following amendments to the Traffic 20,812
Rules:
(A) Amend Traffic Rule 2 to exclude juvenile courts from 20,814
the definition of "court"; 20,815
479
(B) Amend Traffic Rule 13 to authorize juvenile courts to 20,817
create violations bureaus for the payment of tickets that involve 20,818
first offense minor misdemeanor traffic offenses that did not 20,819
result in an accident.
Section 8. The General Assembly hereby encourages the 20,822
Supreme Court to take appropriate action to collect data from 20,823
each juvenile court in this state on both the number of alleged 20,824
delinquent children for whom a serious youthful offender 20,825
dispositional sentence is sought pursuant to section 2152.13 of 20,826
the Revised Code and the number of jury trials held in the 20,827
juvenile courts annually as a result of serious youthful offender 20,828
dispositional sentences being sought for alleged delinquent 20,829
children, and to prepare and submit to the General Assembly a 20,830
report containing the data so collected.
Section 9. The Governor's Council on Juvenile Justice 20,832
shall conduct, or cause to be conducted, an evaluation of the 20,833
racial composition of delinquent children committed to the 20,834
Department of Youth Services. The evaluation shall focus on the 20,835
changes to the Revised Code made by this act as related to recent 20,836
sentencing trends for delinquent children. The evaluation shall 20,837
consider the composition of the institutional population of the 20,838
Department from the establishment of the RECLAIM Ohio program 20,839
through four years after the effective date of Sections 3 and 4 20,840
of this act. After concluding the evaluation, the Council shall 20,842
submit a report detailing the results of the evaluation to the 20,843
Governor, the Speaker of the House of Representatives, the 20,844
Minority Leader of the House of Representatives, the President of 20,845
the Senate, the Minority Leader of the Senate, the Chairperson of 20,846
the Legislative Black Caucus, and the Director of the Department 20,847
of Youth Services.
Section 10. The General Assembly hereby states its 20,849
intention to do the following in the remainder of the 123rd 20,850
General Assembly and in the 124th General Assembly: 20,851
(A) Address the issue of competency in juvenile 20,853
480
proceedings and its various aspects; 20,854
(B) Review and continue to support the RECLAIM Ohio 20,856
program and the alternative schools program; 20,857
(C) Review and address the anticipated costs of 20,859
implementing this act. 20,860
Section 11. Section 2151.011 of the Revised Code is 20,862
presented in this act as a composite of the section as amended by 20,863
Sub. H.B. 332, Sub. H.B. 448, and Am. Sub. S.B. 181, all of the 20,864
123rd General Assembly, with the new language of none of the acts 20,866
shown in capital letters. Section 2151.23 of the Revised Code is 20,867
presented in this act as a composite of the section as amended by 20,868
both Sub. H.B. 583 and Am. Sub. S.B. 181 of the 123rd General 20,869
Assembly, with the new language of neither of the acts shown in 20,870
capital letters. Section 2151.31 of the Revised Code is 20,871
presented in this act as a composite of the section as amended by 20,872
both Am. Sub. H.B. 3 and Sub. H.B. 176 of the 123rd General 20,873
Assembly, with the new language of neither of the acts shown in 20,874
capital letters. Section 2151.312 of the Revised Code is 20,875
presented in this act as a composite of the section as amended by 20,876
Sub. H.B. 332, Sub. H.B. 448, and Am. Sub. S.B. 181, all of the 20,877
123rd General Assembly, with the new language of none of the acts 20,878
shown in capital letters. Section 2923.36 of the Revised Code is 20,879
presented in this act as a composite of the section as amended by 20,880
both Sub. H.B. 266 and Sub. H.B. 506 of the 118th General 20,881
Assembly, with the new language of neither of the acts shown in 20,883
capital letters. Section 2929.01 of the Revised Code is 20,884
presented in this act as a composite of the section as amended by 20,885
Am. Sub. H.B. 349, Am. S.B. 9, Am. Sub. S.B. 22, and Am. Sub. 20,886
S.B. 107 of the 123rd General Assembly, with the new language of 20,888
none of the acts shown in capital letters. Section 2929.12 of 20,889
the Revised Code is presented in this act as a composite of the 20,890
section as amended by both Am. S.B. 9 and Am. Sub. S.B. 107 of 20,891
the 123rd General Assembly, with the new language of neither of 20,892
the acts shown in capital letters. Section 5139.07 of the 20,893
481
Revised Code is presented in this act as a composite of the 20,895
section as amended by both Am. Sub. H.B. 1 and Am. Sub. H.B. 215 20,896
of the 122nd General Assembly, with the new language of neither 20,898
of the acts shown in capital letters. This is in recognition of 20,899
the principle stated in division (B) of section 1.52 of the 20,900
Revised Code that such amendments are to be harmonized where not 20,901
substantively irreconcilable and constitutes a legislative 20,902
finding that such is the resulting version in effect prior to the 20,903
effective date of this act.