As Passed by the House 1
CORRECTED VERSION 2
123rd General Assembly 5
Regular Session Am. Sub. S. B. No. 179 6
1999-2000 7
SENATORS LATTA-HOTTINGER-JOHNSON-OELSLAGER-DRAKE-MUMPER-FINAN- 8
REPRESENTATIVES WOMER BENJAMIN-TAYLOR-CORBIN-ASLANIDES 9
_________________________________________________________________ 11
A B I L L
To amend sections 2151.35 and 2945.17 of the Revised 15
Code to remove the right to jury trial for an 16
adult in a truancy case filed jointly against a
truant child and the parent, guardian, or other 17
person having care of the child and to amend 18
sections 109.42, 109.54, 109.573, 133.01, 181.22, 19
307.02, 307.022, 329.05, 2151.01, 2151.011, 21
2151.022, 2151.07, 2151.08, 2151.10, 2151.11,
2151.12, 2151.14, 2151.141, 2151.18, 2151.211, 23
2151.23, 2151.24, 2151.25, 2151.26, 2151.27,
2151.271, 2151.28, 2151.29, 2151.31, 2151.311, 24
2151.312, 2151.313, 2151.314, 2151.315, 2151.34, 25
2151.341, 2151.343, 2151.35, 2151.352, 2151.354, 27
2151.356, 2151.357, 2151.358, 2151.359,
2151.3510, 2151.3511, 2151.36, 2151.38, 2151.62, 28
2151.65, 2151.651, 2151.652, 2151.655, 2151.78, 29
2151.79, 2151.99, 2153.16, 2301.03, 2301.31, 30
2701.03, 2744.01, 2744.03, 2919.24, 2921.32,
2923.211, 2923.32, 2923.33, 2923.34, 2923.36, 31
2923.44, 2923.45, 2925.42, 2925.43, 2929.01, 32
2929.12, 2929.23, 2930.12, 2930.13, 2938.02,
2941.141, 2941.142, 2941.144, 2941.145, 2941.146, 33
3109.41, 3301.121, 3313.66, 3321.19, 3321.22, 34
3730.07, 3730.99, 4109.08, 5103.03, 5120.16, 35
5120.172, 5139.01, 5139.02, 5139.04, 5139.05,
5139.06, 5139.07, 5139.11, 5139.18, 5139.191, 36
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5139.20, 5139.27, 5139.271, 5139.281, 5139.29, 37
5139.31, 5139.32, 5139.35, 5139.41, 5139.50, 38
5139.51, 5139.52, 5139.53, 5139.54, 5139.55,
5705.01, and 5705.19; to amend, for the purpose 39
of adopting new section numbers as indicated in 40
parentheses, sections 2151.11 (2152.73), 2151.18
(2152.71), 2151.25 (2152.03), 2151.26 (2152.12), 42
2151.312 (2152.26), 2151.315 (2152.74), 2151.34
(2152.41), 2151.341 (2152.43), 2151.343 43
(2152.44), 2151.356 (2152.21), 2151.3511 44
(2152.81), 2151.47 (2152.67), and 2151.62 45
(2152.72); to enact new sections 2151.18 and 47
2151.312 and sections 2152.01, 2152.02, 2152.021,
2152.04, 2152.10, 2152.11, 2152.13, 2152.14, 48
2152.16, 2152.17, 2152.18, 2152.19, 2152.20, 49
2152.22, 2152.42, 2152.61, and 2152.99; and to
repeal sections 2151.02, 2151.021, 2151.342, 51
2151.344, 2151.345, 2151.346, 2151.347, 2151.348,
2151.349, 2151.3410, 2151.3411, 2151.3412, 53
2151.3413, 2151.3414, 2151.3415, 2151.3416,
2151.355, 2151.3512, 2151.411, 2151.45, 2151.46, 55
2151.48, 2151.51, and 5139.24 of the Revised Code 56
effective January 1, 2002, to implement, with 57
modifications, the recommendations of the
Criminal Sentencing Commission pertaining to 58
juvenile offender transfers of alleged delinquent 59
children to criminal court for prosecution,
dispositions of delinquent children and juvenile 60
traffic offenders, and other changes to the 61
Juvenile Court Law and the Juvenile Code. 62
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 64
Section 1. That sections 2151.35 and 2945.17 of the 68
3
Revised Code be amended to read as follows:
Sec. 2151.35. (A)(1) The juvenile court may conduct its 77
hearings in an informal manner and may adjourn its hearings from 78
time to time. In the hearing of any case, the general public may 79
be excluded and only those persons admitted who have a direct 80
interest in the case. 81
Except cases involving children who are alleged to be 83
unruly or delinquent children for being habitual or chronic 84
truants, all cases involving children shall be heard separately 85
and apart from the trial of cases against adults. The court may 86
excuse the attendance of the child at the hearing in cases 87
involving abused, neglected, or dependent children. The court 88
shall hear and determine all cases of children without a jury, 89
except that section 2151.47 of the Revised Code shall apply in 91
cases involving a complaint that jointly alleges that a child is 92
an unruly or delinquent child for being an habitual or chronic 93
truant and that a parent, guardian, or other person having care 95
of the child failed to cause the child's attendance at school. 96
If a complaint alleges a child to be a delinquent child, 98
unruly child, or juvenile traffic offender, the court shall 99
require the parent, guardian, or custodian of the child to attend 100
all proceedings of the court regarding the child. If a parent, 101
guardian, or custodian fails to so attend, the court may find the 102
parent, guardian, or custodian in contempt. 103
If the court at the adjudicatory hearing finds from clear 105
and convincing evidence that the child is an abused, neglected, 106
or dependent child, the court shall proceed, in accordance with 107
division (B) of this section, to hold a dispositional hearing and 108
hear the evidence as to the proper disposition to be made under 109
section 2151.353 of the Revised Code. If the court at the 110
adjudicatory hearing finds beyond a reasonable doubt that the 111
child is a delinquent or unruly child or a juvenile traffic 112
offender, the court shall proceed immediately, or at a postponed 113
hearing, to hear the evidence as to the proper disposition to be 114
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made under sections 2151.352 to 2151.355 of the Revised Code. If 116
the court at the adjudicatory hearing finds beyond a reasonable
doubt that the child is an unruly child for being an habitual 117
truant, or that the child is an unruly child for being an 118
habitual truant and that the parent, guardian, or other person 119
having care of the child has failed to cause the child's 120
attendance at school in violation of section 3321.38 of the 121
Revised Code, the court shall proceed to hold a hearing to hear 122
the evidence as to the proper disposition to be made in regard to 123
the child under division (C)(1) of section 2151.354 of the 124
Revised Code and the proper action to take in regard to the 126
parent, guardian, or other person having care of the child under
division (C)(2) of section 2151.354 of the Revised Code. If the 128
court at the adjudicatory hearing finds beyond a reasonable doubt 129
that the child is a delinquent child for being a chronic truant
or for being an habitual truant who previously has been 130
adjudicated an unruly child for being an habitual truant, or that 131
the child is a delinquent child for either of those reasons and 132
the parent, guardian, or other person having care of the child 133
has failed to cause the child's attendance at school in violation 134
of section 3321.38 of the Revised Code, the court shall proceed 135
to hold a hearing to hear the evidence as to the proper 136
disposition to be made in regard to the child under division 137
(A)(24)(a) of section 2151.355 of the Revised Code and the proper 140
action to take in regard to the parent, guardian, or other person 141
having care of the child under division (A)(24)(b) of section 142
2151.355 of the Revised Code.
If the court does not find the child to be an abused, 144
neglected, dependent, delinquent, or unruly child or a juvenile 145
traffic offender, it shall order that the complaint be dismissed 146
and that the child be discharged from any detention or 147
restriction theretofore ordered. 148
(2) A record of all testimony and other oral proceedings 150
in juvenile court shall be made in all proceedings that are held 151
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pursuant to section 2151.414 of the Revised Code or in which an 152
order of disposition may be made pursuant to division (A)(4) of 153
section 2151.353 of the Revised Code, and shall be made upon 154
request in any other proceedings. The record shall be made as 155
provided in section 2301.20 of the Revised Code. 156
(B)(1) If the court at an adjudicatory hearing determines 158
that a child is an abused, neglected, or dependent child, the 159
court shall not issue a dispositional order until after the court 160
holds a separate dispositional hearing. The court may hold the 161
dispositional hearing for an adjudicated abused, neglected, or 163
dependent child immediately after the adjudicatory hearing if all 165
parties were served prior to the adjudicatory hearing with all 166
documents required for the dispositional hearing. The 167
dispositional hearing may not be held more than thirty days after 168
the adjudicatory hearing is held. The court, upon the request of 169
any party or the guardian ad litem of the child, may continue a 170
dispositional hearing for a reasonable time not to exceed the 171
time limits set forth in this division to enable a party to 172
obtain or consult counsel. The dispositional hearing shall not 173
be held more than ninety days after the date on which the 174
complaint in the case was filed. 175
If the dispositional hearing is not held within the period 177
of time required by this division, the court, on its own motion 178
or the motion of any party or the guardian ad litem of the child, 179
shall dismiss the complaint without prejudice. 180
(2) The dispositional hearing shall be conducted in 182
accordance with all of the following: 183
(a) The judge or referee who presided at the adjudicatory 185
hearing shall preside, if possible, at the dispositional hearing; 186
(b) The court may admit any evidence that is material and 188
relevant, including, but not limited to, hearsay, opinion, and 189
documentary evidence; 190
(c) Medical examiners and each investigator who prepared a 192
social history shall not be cross-examined, except upon consent 193
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of the parties, for good cause shown, or as the court in its 194
discretion may direct. Any party may offer evidence 195
supplementing, explaining, or disputing any information contained 196
in the social history or other reports that may be used by the 197
court in determining disposition. 198
(3) After the conclusion of the dispositional hearing, the 200
court shall enter an appropriate judgment within seven days and 201
shall schedule the date for the hearing to be held pursuant to 202
section 2151.415 of the Revised Code. The court may make any 203
order of disposition that is set forth in section 2151.353 of the 204
Revised Code. A copy of the judgment shall be given to each 205
party and to the child's guardian ad litem. If the judgment is 206
conditional, the order shall state the conditions of the 207
judgment. If the child is not returned to the child's own home, 209
the court shall determine which school district shall bear the
cost of the child's education and shall comply with section 211
2151.36 of the Revised Code.
(4) As part of its dispositional order, the court may 213
issue any order described in division (B) of section 2151.33 of 214
the Revised Code. 215
(C) The court shall give all parties to the action and the 217
child's guardian ad litem notice of the adjudicatory and 218
dispositional hearings in accordance with the Juvenile Rules. 219
(D) If the court issues an order pursuant to division 221
(A)(4) of section 2151.353 of the Revised Code committing a child 222
to the permanent custody of a public children services agency or 223
a private child placing agency, the parents of the child whose 224
parental rights were terminated cease to be parties to the action 225
upon the issuance of the order. This division is not intended to 226
eliminate or restrict any right of the parents to appeal the 227
permanent custody order issued pursuant to division (A)(4) of 228
section 2151.353 of the Revised Code. 229
(E) Each juvenile court shall schedule its hearings in 231
accordance with the time requirements of this chapter. 232
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(F) In cases regarding abused, neglected, or dependent 234
children, the court may admit any statement of a child that the 235
court determines to be excluded by the hearsay rule if the 236
proponent of the statement informs the adverse party of the 237
proponent's intention to offer the statement and of the 239
particulars of the statement, including the name of the 240
declarant, sufficiently in advance of the hearing to provide the 241
party with a fair opportunity to prepare to challenge, respond 242
to, or defend against the statement, and the court determines all 243
of the following: 244
(1) The statement has circumstantial guarantees of 246
trustworthiness; 247
(2) The statement is offered as evidence of a material 249
fact; 250
(3) The statement is more probative on the point for which 252
it is offered than any other evidence that the proponent can 253
procure through reasonable efforts; 254
(4) The general purposes of the evidence rules and the 256
interests of justice will best be served by the admission of the 257
statement into evidence. 258
(G) If a child is alleged to be an abused child, the court 260
may order that the testimony of the child be taken by deposition. 261
On motion of the prosecuting attorney, guardian ad litem, or any 262
party, or in its own discretion, the court may order that the 263
deposition be videotaped. Any deposition taken under this 264
division shall be taken with a judge or referee present. 265
If a deposition taken under this division is intended to be 267
offered as evidence at the hearing, it shall be filed with the 268
court. Part or all of the deposition is admissible in evidence 269
if counsel for all parties had an opportunity and similar motive 270
at the time of the taking of the deposition to develop the 271
testimony by direct, cross, or redirect examination and the judge 272
determines that there is reasonable cause to believe that if the 273
child were to testify in person at the hearing, the child would 274
8
experience emotional trauma as a result of participating at the 275
hearing.
Sec. 2945.17. At any trial, in any court, for the 284
violation of any statute of this state, or of any ordinance of 285
any municipal corporation, except in cases in which the penalty 286
involved does not exceed a fine of one hundred dollars, the 287
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 288
WHO IS THE SUBJECT OF A COMPLAINT FILED UNDER SECTION 2151.27 OF 289
THE REVISED CODE AGAINST BOTH A CHILD AND THE PARENT, GUARDIAN, 290
OR OTHER PERSON HAVING CARE OF THE CHILD.
Section 2. That existing sections 2151.35 and 2945.17 of 292
the Revised Code are hereby repealed. 293
Section 3. That sections 109.42, 109.54, 109.573, 133.01, 296
181.22, 307.02, 307.022, 329.05, 2151.01, 2151.011, 2151.022, 298
2151.07, 2151.08, 2151.10, 2151.11, 2151.12, 2151.14, 2151.141, 299
2151.18, 2151.211, 2151.23, 2151.24, 2151.25, 2151.26, 2151.27, 300
2151.271, 2151.28, 2151.29, 2151.31, 2151.311, 2151.312, 301
2151.313, 2151.314, 2151.315, 2151.34, 2151.341, 2151.343, 302
2151.35, 2151.352, 2151.354, 2151.356, 2151.357, 2151.358, 304
2151.359, 2151.3510, 2151.3511, 2151.36, 2151.38, 2151.62, 305
2151.65, 2151.651, 2151.652, 2151.655, 2151.78, 2151.79, 2151.99, 306
2153.16, 2301.03, 2301.31, 2701.03, 2744.01, 2744.03, 2919.24, 307
2921.32, 2923.211, 2923.32, 2923.33, 2923.34, 2923.36, 2923.44, 308
2923.45, 2925.42, 2925.43, 2929.01, 2929.12, 2929.23, 2930.12, 309
2930.13, 2938.02, 2941.141, 2941.142, 2941.144, 2941.145, 310
2941.146, 2945.17, 3109.41, 3301.121, 3313.66, 3321.19, 3321.22, 311
3730.07, 3730.99, 4109.08, 5103.03, 5120.16, 5120.172, 5139.01, 312
5139.02, 5139.04, 5139.05, 5139.06, 5139.07, 5139.11, 5139.18, 313
5139.191, 5139.20, 5139.27, 5139.271, 5139.281, 5139.29, 5139.31, 314
5139.32, 5139.35, 5139.41, 5139.50, 5139.51, 5139.52, 5139.53, 315
5139.54, 5139.55, 5705.01, and 5705.19 be amended; sections 316
2151.11 (2152.73), 2151.18 (2152.71), 2151.25 (2152.03), 2151.26 318
(2152.12), 2151.312 (2152.26), 2151.315 (2152.74), 2151.34 319
9
(2152.41), 2151.341 (2152.43), 2151.343 (2152.44), 2151.356 321
(2152.21), 2151.3511 (2152.81), 2151.47 (2152.67), and 2151.62 322
(2152.72) be amended, for the purpose of adopting new section 324
numbers as indicated in parentheses; and new sections 2151.18 and 325
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, 326
2152.19, 2152.20, 2152.22, 2152.42, 2152.61, and 2152.99 of the 327
Revised Code be enacted to read as follows: 329
Sec. 109.42. (A) The attorney general shall prepare and 336
have printed a pamphlet that contains a compilation of all 337
statutes relative to victim's rights in which the attorney 338
general lists and explains the statutes in the form of a victim's 340
bill of rights. The attorney general shall distribute the 341
pamphlet to all sheriffs, marshals, municipal corporation and 343
township police departments, constables, and other law 344
enforcement agencies, to all prosecuting attorneys, city 345
directors of law, village solicitors, and other similar chief 346
legal officers of municipal corporations, and to organizations 347
that represent or provide services for victims of crime. The 348
victim's bill of rights set forth in the pamphlet shall contain a 349
description of all of the rights of victims that are provided for 350
in Chapter 2930. or in any other section of the Revised Code and 351
shall include, but not be limited to, all of the following: 352
(1) The right of a victim or a victim's representative to 355
attend a proceeding before a grand jury, in a juvenile case, or 356
in a criminal case pursuant to a subpoena without being 357
discharged from the victim's or representative's employment, 358
having the victim's or representative's employment terminated, 359
having the victim's or representative's pay decreased or 360
withheld, or otherwise being punished, penalized, or threatened 361
as a result of time lost from regular employment because of the 362
victim's or representative's attendance at the proceeding 364
pursuant to the subpoena, as set forth in section 2151.211, 365
2930.18, 2939.121, or 2945.451 of the Revised Code;
10
(2) The potential availability pursuant to section 367
2151.411 2151.359 OR 2152.61 of the Revised Code of a forfeited 369
recognizance to pay damages caused by a child when the 370
delinquency of the child or child's violation of probation OR 371
COMMUNITY CONTROL is found to be proximately caused by the 373
failure of the child's parent or guardian to subject the child to 374
reasonable parental authority or to faithfully discharge the 375
conditions of probation OR COMMUNITY CONTROL;
(3) The availability of awards of reparations pursuant to 377
sections 2743.51 to 2743.72 of the Revised Code for injuries 378
caused by criminal offenses; 379
(4) The right of the victim in certain criminal or 381
juvenile cases or a victim's representative to receive, pursuant 383
to section 2930.06 of the Revised Code, notice of the date, time, 384
and place of the trial or delinquency proceeding in the case or, 385
if there will not be a trial or delinquency proceeding, 386
information from the prosecutor, as defined in section 2930.01 of 388
the Revised Code, regarding the disposition of the case;
(5) The right of the victim in certain criminal or 390
juvenile cases or a victim's representative to receive, pursuant 391
to section 2930.04, 2930.05, or 2930.06 of the Revised Code, 392
notice of the name of the person charged with the violation, the 393
case or docket number assigned to the charge, and a telephone 394
number or numbers that can be called to obtain information about 395
the disposition of the case;
(6) The right of the victim in certain criminal or 397
juvenile cases or of the victim's representative pursuant to 400
section 2930.13 or 2930.14 of the Revised Code, subject to any 401
reasonable terms set by the court as authorized under section 402
2930.14 of the Revised Code, to make a statement about the 404
victimization and, if applicable, a statement relative to the 405
sentencing or disposition of the offender; 407
(7) The opportunity to obtain a court order, pursuant to 409
section 2945.04 of the Revised Code, to prevent or stop the 410
11
commission of the offense of intimidation of a crime victim or 411
witness or an offense against the person or property of the 412
complainant, or of the complainant's ward or child; 413
(8) The right of the victim in certain criminal or 415
juvenile cases or a victim's representative pursuant to sections 417
2151.38, 2929.20, 2930.10, 2930.16, and 2930.17 of the Revised 419
Code to receive notice of a pending motion for judicial release
or early release of the person who committed the offense against 422
the victim, to make an oral or written statement at the court 424
hearing on the motion, and to be notified of the court's decision 425
on the motion;
(9) The right of the victim in certain criminal or 427
juvenile cases or a victim's representative pursuant to section 428
2930.16, 2967.12, 2967.26, or 5139.56 of the Revised Code to 430
receive notice of any pending commutation, pardon, parole, 431
transitional control, discharge, other form of authorized 432
release, post-release control, or supervised release for the 433
person who committed the offense against the victim or any 434
application for release of that person and to send a written 436
statement relative to the victimization and the pending action to 437
the adult parole authority or the release authority of the 438
department of youth services; 439
(10) The right of the victim to bring a civil action 441
pursuant to sections 2969.01 to 2969.06 of the Revised Code to 442
obtain money from the offender's profit fund; 443
(11) The right, pursuant to section 3109.09 of the Revised 446
Code, to maintain a civil action to recover compensatory damages
not exceeding ten thousand dollars and costs from the parent of a 448
minor who willfully damages property through the commission of an 449
act that would be a theft offense, as defined in section 2913.01 450
of the Revised Code, if committed by an adult;
(12) The right, pursuant to section 3109.10 of the Revised 452
Code, to maintain a civil action to recover compensatory damages 453
not exceeding ten thousand dollars and costs from the parent of a 454
12
minor who willfully and maliciously assaults a person; 455
(13) The possibility of receiving restitution from an 457
offender or a delinquent child pursuant to section 2151.355 458
2152.20, 2929.18, or 2929.21 of the Revised Code; 460
(14) The right of the victim in certain criminal or 462
juvenile cases or a victim's representative, pursuant to section 463
2930.16 of the Revised Code, to receive notice of the escape from 465
confinement or custody of the person who committed the offense, 466
to receive that notice from the custodial agency of the person at 467
the victim's last address or telephone number provided to the 468
custodial agency, and to receive notice that, if either the 469
victim's address or telephone number changes, it is in the 470
victim's interest to provide the new address or telephone number 471
to the custodial agency; 472
(15) The right of a victim of domestic violence to seek 474
the issuance of a temporary protection order pursuant to section 476
2919.26 of the Revised Code, to seek the issuance of a civil 477
protection order pursuant to section 3113.31 of the Revised Code, 478
and to be accompanied by a victim advocate during court
proceedings; 479
(16) The right of a victim of a sexually oriented offense 482
that is committed by a person who is adjudicated as being a 483
sexual predator or, in certain cases, by a person who is 484
determined to be a habitual sex offender to receive, pursuant to 485
section 2950.10 of the Revised Code, notice that the offender 486
PERSON has registered with a sheriff under section 2950.04 or 487
2950.05 of the Revised Code and notice of the offender's PERSON'S 489
name and residence address or addresses, and a summary of the 491
manner in which the victim must make a request to receive the 492
notice. As used in this division, "sexually oriented offense," 493
"adjudicated as being a sexual predator," and "habitual sex 494
offender" have the same meanings as in section 2950.01 of the 495
Revised Code.
(17) The right of a victim of certain sexually violent 497
13
offenses committed by a sexually violent predator who is 498
sentenced to a prison term pursuant to division (A)(3) of section 500
2971.03 of the Revised Code to receive, pursuant to section 501
2930.16 of the Revised Code, notice of a hearing to determine 502
whether to modify the requirement that the offender serve the 503
entire prison term in a state correctional facility, whether to 504
continue, revise, or revoke any existing modification of that 505
requirement, or whether to terminate the prison term. As used in 506
this division, "sexually violent offense" and "sexually violent 507
predator" have the same meanings as in section 2971.01 of the 508
Revised Code.
(B)(1)(a) Subject to division (B)(1)(c) of this section, a 510
prosecuting attorney, assistant prosecuting attorney, city 512
director of law, assistant CITY director of law, village 513
solicitor, assistant village solicitor, or similar chief legal 514
officer of a municipal corporation or an assistant of any of 515
those officers who prosecutes an offense committed in this state, 516
upon first contact with the victim of the offense, the victim's 517
family, or the victim's dependents, shall give the victim, the 519
victim's family, or the victim's dependents a copy of the 520
pamphlet prepared pursuant to division (A) of this section and 521
explain, upon request, the information in the pamphlet to the
victim, the victim's family, or the victim's dependents. 522
(b) Subject to division (B)(1)(c) of this section, a law 524
enforcement agency that investigates an offense or delinquent act 527
committed in this state shall give the victim of the offense or 529
delinquent act, the victim's family, or the victim's dependents a 531
copy of the pamphlet prepared pursuant to division (A) of this 532
section at one of the following times: 533
(i) Upon first contact with the victim, the victim's 535
family, or the victim's dependents; 536
(ii) If the offense or delinquent act is an offense of 538
violence, if the circumstances of the offense or delinquent act 540
and the condition of the victim, the victim's family, or the 542
14
victim's dependents indicate that the victim, the victim's 543
family, or the victim's dependents will not be able to understand 544
the significance of the pamphlet upon first contact with the 545
agency, and if the agency anticipates that it will have an 546
additional contact with the victim, the victim's family, or the 547
victim's dependents, upon the agency's second contact with the 548
victim, the victim's family, or the victim's dependents. 549
If the agency does not give the victim, the victim's 551
family, or the victim's dependents a copy of the pamphlet upon 552
first contact with them and does not have a second contact with 553
the victim, the victim's family, or the victim's dependents, the 555
agency shall mail a copy of the pamphlet to the victim, the 556
victim's family, or the victim's dependents at their last known 557
address. 558
(c) In complying on and after December 9, 1994, with the 560
duties imposed by division (B)(1)(a) or (b) of this section, an 562
official or a law enforcement agency shall use copies of the 563
pamphlet that are in the official's or agency's possession on 564
December 9, 1994, until the official or agency has distributed 566
all of those copies. After the official or agency has 567
distributed all of those copies, the official or agency shall use 568
only copies of the pamphlet that contain at least the information 569
described in division (A)(1) to (17) of this section. 570
(2) The failure of a law enforcement agency or of a 572
prosecuting attorney, assistant prosecuting attorney, CITY 573
director of law, assistant CITY director of law, village 574
solicitor, assistant village solicitor, or similar chief legal 575
officer of a municipal corporation or an assistant to any of 576
those officers to give, as required by division (B)(1) of this 579
section, the victim of an offense or delinquent act, the victim's 580
family, or the victim's dependents a copy of the pamphlet 581
prepared pursuant to division (A) of this section does not give 582
the victim, the victim's family, the victim's dependents, or a 583
victim's representative any rights under section 122.95, 2743.51 586
15
to 2743.72, 2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 587
3109.10 of the Revised Code or under any other provision of the 588
Revised Code and does not affect any right under those sections. 589
(3) A law enforcement agency, a prosecuting attorney or 591
assistant prosecuting attorney, or a CITY director of law, 592
assistant CITY director of law, village solicitor, assistant 594
village solicitor, or similar chief legal officer of a municipal
corporation that distributes a copy of the pamphlet prepared 596
pursuant to division (A) of this section shall not be required to 597
distribute a copy of an information card or other printed 598
material provided by the clerk of the court of claims pursuant to 599
section 2743.71 of the Revised Code.
(C) The cost of printing and distributing the pamphlet 601
prepared pursuant to division (A) of this section shall be paid 602
out of the reparations fund, created pursuant to section 2743.191 603
of the Revised Code, in accordance with division (D) of that 604
section. 605
(D) As used in this section: 607
(1) "Victim's representative" has the same meaning as in 609
section 2930.01 of the Revised Code; 610
(2) "Victim advocate" has the same meaning as in section 613
2919.26 of the Revised Code.
Sec. 109.54. (A) The bureau of criminal identification 622
and investigation may investigate any criminal activity in this 623
state that is of statewide or intercounty concern when requested 624
by local authorities and may aid federal authorities, when 625
requested, in their investigation of any criminal activity in 626
this state. The bureau may investigate any criminal activity in 627
this state involving drug abuse or illegal drug distribution 628
prohibited under Chapter 3719. or 4729. of the Revised Code. The 629
superintendent and any agent of the bureau may participate, as 630
the director of an organized crime task force established under 631
section 177.02 of the Revised Code or as a member of the 632
investigatory staff of a task force established under that 633
16
section, in an investigation of organized criminal activity 634
anywhere within this state under sections 177.01 to 177.03 of the 635
Revised Code.
(B) The bureau may provide any trained investigative 637
personnel and specialized equipment that are requested by any 638
sheriff or chief of police, by the authorized designee of any 639
sheriff or chief of police, or by any other authorized law 640
enforcement officer to aid and assist the officer in the 641
investigation and solution of any crime or the control of any 642
criminal activity occurring within the officer's jurisdiction. 643
This assistance shall be furnished by the bureau without 644
disturbing or impairing any of the existing law enforcement 645
authority or the prerogatives of local law enforcement 646
authorities or officers. Investigators provided pursuant to this 647
section, or engaged in an investigation pursuant to section 648
109.83 of the Revised Code, may go armed in the same manner as 649
sheriffs and regularly appointed police officers under section 650
2923.12 of the Revised Code.
(C)(1) The bureau shall obtain recording equipment that 652
can be used to record depositions of the type described in 653
division (A) of section 2151.3511 2152.81 and division (A) of 654
section 2945.481 of the Revised Code, or testimony of the type 656
described in division (D) of section 2151.3511 2152.81 and 657
division (D) of section 2945.481 or in division (C) of section 659
2937.11 of the Revised Code, shall obtain closed circuit 660
equipment that can be used to televise testimony of the type 661
described in division (C) of section 2151.3511 2152.81 and 662
division (C) of section 2945.481 or in division (B) of section 664
2937.11 of the Revised Code, and shall provide the equipment, 665
upon request, to any court for use in recording any deposition or 666
testimony of one of those types or in televising the testimony in 668
accordance with the applicable division.
(2) The bureau shall obtain the names, addresses, and 670
telephone numbers of persons who are experienced in questioning 671
17
children in relation to an investigation of a violation of 672
section 2905.03, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 674
2907.06, 2907.07, 2907.09, 2907.21, 2907.23, 2907.24, 2907.31, 675
2907.32, 2907.321, 2907.322, 2907.323, or 2919.22 of the Revised 677
Code or an offense of violence and shall maintain a list of those 678
names, addresses, and telephone numbers. The list shall include 679
a classification of the names, addresses, and telephone numbers 680
by appellate district. Upon request, the bureau shall provide 681
any county sheriff, chief of police, prosecuting attorney, 682
village solicitor, city director of law, or similar chief legal 683
officer with the name, address, and telephone number of any 684
person contained in the list.
Sec. 109.573. (A) As used in this section: 693
(1) "DNA" means human deoxyribonucleic acid. 695
(2) "DNA analysis" means a laboratory analysis of a DNA 697
specimen to identify DNA characteristics and to create a DNA 699
record.
(3) "DNA database" means a collection of DNA records from 702
forensic casework or from crime scenes, specimens from anonymous
and unidentified sources, and records collected pursuant to 704
sections 2151.315 2152.74 and 2901.07 of the Revised Code and a 706
population statistics database for determining the frequency of 707
occurrence of characteristics in DNA records. 708
(4) "DNA record" means the objective result of a DNA 710
analysis of a DNA specimen, including representations of DNA 712
fragment lengths, digital images of autoradiographs, discrete
allele assignment numbers, and other DNA specimen characteristics 713
that aid in establishing the identity of an individual. 714
(5) "DNA specimen" includes human blood cells or 716
physiological tissues or body fluids. 717
(6) "Unidentified person database" means a collection of 719
DNA records, and, on and after the effective date of this 720
amendment MAY 21, 1998, of fingerprint and photograph records, of 722
unidentified human corpses, human remains, or living individuals.
18
(7) "Relatives of missing persons database" means a 724
collection of DNA records of persons related by consanguinity of 726
the first degree to a missing person. 727
(8) "Law enforcement agency" means a police department, 729
the office of a sheriff, the state highway patrol, a county 730
prosecuting attorney, or a federal, state, or local governmental 731
body that enforces criminal laws and that has employees who have 732
a statutory power of arrest. 733
(B)(1) The superintendent of the bureau of criminal 735
identification and investigation may do all of the following: 736
(a) Establish and maintain a state DNA laboratory to 739
perform DNA analysis of DNA specimens; 740
(b) Establish and maintain a DNA database; 743
(c) Establish and maintain an unidentified person database 746
to aid in the establishment of the identity of unknown human
corpses, human remains, or living individuals; 747
(d) Establish and maintain a relatives of missing persons 750
database for comparison with the unidentified person database to 751
aid in the establishment of the identity of unknown human 752
corpses, human remains, and living individuals.
(2) If the bureau of criminal identification and 754
investigation establishes and maintains a DNA laboratory and a 755
DNA database, the bureau may use or disclose information 756
regarding DNA records for the following purposes: 757
(a) The bureau may disclose information to a law 759
enforcement agency for purposes of identification. 760
(b) The bureau shall disclose pursuant to a court order 763
issued under section 3111.09 of the Revised Code any information
necessary to determine the existence of a parent and child 765
relationship in an action brought under sections 3111.01 to
3111.19 of the Revised Code. 766
(c) The bureau may use or disclose information from the 769
population statistics database, for identification research and 770
protocol development, or for quality control purposes.
19
(3) If the bureau of criminal identification and 772
investigation establishes and maintains a relatives of missing 773
persons database, all of the following apply: 774
(a) If a person has disappeared and has been continuously 777
absent from the person's place of last domicile for a thirty-day 778
or longer period of time without being heard from during the
period, persons related by consanguinity of the first degree to 780
the missing person may submit to the bureau a DNA specimen, the 781
bureau may include the DNA record of the specimen in the 783
relatives of missing persons database, and, if the bureau does 784
not include the DNA record of the specimen in the relatives of 785
missing persons database, the bureau shall retain the DNA record 786
for future reference and inclusion as appropriate in that 787
database.
(b) The bureau shall not charge a fee for the submission 790
of a DNA specimen pursuant to division (B)(3)(a) of this section. 792
(c) A physician, registered nurse, licensed practical 794
nurse, duly licensed clinical laboratory technician, or other 795
qualified medical practitioner shall conduct the collection 796
procedure for the DNA specimen submitted pursuant to division 797
(B)(3)(a) of this section and shall collect the DNA specimen in a 799
medically approved manner. No later than fifteen days after the 800
date of the collection of the DNA specimen, the person conducting 802
the DNA specimen collection procedure shall cause the DNA 804
specimen to be forwarded to the bureau of criminal identification 806
and investigation in accordance with procedures established by 807
the superintendent of the bureau under division (H) of this 808
section. The bureau may provide the specimen vials, mailing 809
tubes, labels, postage, and instruction needed for the collection 810
and forwarding of the DNA specimen to the bureau. 812
(d) The superintendent, in the superintendent's 814
discretion, may compare DNA records in the relatives of missing 816
persons database with the DNA records in the unidentified person 817
database.
20
(4) If the bureau of criminal identification and 819
investigation establishes and maintains an unidentified person 820
database and if the superintendent of the bureau identifies a 822
matching DNA record for the DNA record of a person or deceased 823
person whose DNA record is contained in the unidentified person 825
database, the superintendent shall inform the coroner who 826
submitted or the law enforcement agency that submitted the DNA 827
specimen to the bureau of the match and, if possible, of the 828
identity of the unidentified person.
(5) The bureau of criminal identification and 830
investigation may enter into a contract with a qualified public 831
or private laboratory to perform DNA analyses, DNA specimen 832
maintenance, preservation, and storage, DNA record keeping, and 833
other duties required of the bureau under this section. A public 834
or private laboratory under contract with the bureau shall follow 835
quality assurance and privacy requirements established by the 836
superintendent of the bureau.
(C) The superintendent of the bureau of criminal 838
identification and investigation shall establish procedures for 839
entering into the DNA database the DNA records submitted pursuant 841
to sections 2151.315 2152.74 and 2901.07 of the Revised Code and 843
for determining an order of priority for entry of the DNA records 845
based on the types of offenses committed by the persons whose 846
records are submitted and the available resources of the bureau.
(D) When a DNA record is derived from a DNA specimen 849
provided pursuant to section 2151.315 2152.74 or 2901.07 of the 850
Revised Code, the bureau of criminal identification and 852
investigation shall attach to the DNA record personal 853
identification information that identifies the person from whom 854
the DNA specimen was taken. The personal identification
information may include the subject person's fingerprints and any 855
other information the bureau determines necessary. The DNA 856
record and personal identification information attached to it 857
shall be used only for the purpose of personal identification or 858
21
for a purpose specified in this section. 859
(E) DNA records, DNA specimens, fingerprints, and 862
photographs that the bureau of criminal identification and 863
investigation receives pursuant to this section and sections 864
313.08, 2151.315 2152.74, and 2901.07 of the Revised Code and 866
personal identification information attached to a DNA record are 867
not public records under section 149.43 of the Revised Code. 868
(F) The bureau of criminal identification and 870
investigation may charge a reasonable fee for providing 871
information pursuant to this section to any law enforcement 872
agency located in another state. 873
(G)(1) No person who because of the person's employment or 875
official position has access to a DNA specimen, a DNA record, or 876
other information contained in the DNA database that identifies 877
an individual shall knowingly disclose that specimen, record, or 878
information to any person or agency not entitled to receive it or 879
otherwise shall misuse that specimen, record, or information. 880
(2) No person without authorization or privilege to obtain 882
information contained in the DNA database that identifies an 883
individual person shall purposely obtain that information. 885
(H) The superintendent of the bureau of criminal 887
identification and investigation shall establish procedures for 888
all of the following: 889
(1) The forwarding to the bureau of DNA specimens 891
collected pursuant to division (H) of this section and sections 892
313.08. 2151.315, 2152.74, and 2901.07 of the Revised Code and of 894
fingerprints and photographs collected pursuant to section 313.08 895
of the Revised Code;
(2) The collection, maintenance, preservation, and 897
analysis of DNA specimens; 898
(3) The creation, maintenance, and operation of the DNA 900
database; 901
(4) The use and dissemination of information from the DNA 903
database; 904
22
(5) The creation, maintenance, and operation of the 906
unidentified person database; 907
(6) The use and dissemination of information from the 909
unidentified person database; 910
(7) The creation, maintenance, and operation of the 912
relatives of missing persons database; 913
(8) The use and dissemination of information from the 915
relatives of missing persons database; 916
(9) The verification of entities requesting DNA records 918
and other DNA information from the bureau and the authority of 919
the entity to receive the information; 920
(10) The operation of the bureau and responsibilities of 922
employees of the bureau with respect to the activities described 923
in this section. 924
Sec. 133.01. As used in this chapter, in sections 9.95, 933
9.96, and 2151.655 of the Revised Code, in other sections of the 934
Revised Code that make reference to this chapter unless the 935
context does not permit, and in related proceedings, unless 936
otherwise expressly provided: 937
(A) "Acquisition" as applied to real or personal property 939
includes, among other forms of acquisition, acquisition by 940
exercise of a purchase option, and acquisition of interests in 941
property, including, without limitation, easements and 942
rights-of-way, and leasehold and other lease interests initially 943
extending or extendable for a period of at least sixty months. 944
(B) "Anticipatory securities" means securities, including 946
notes, issued in anticipation of the issuance of other 947
securities. 948
(C) "Board of elections" means the county board of 950
elections of the county in which the subdivision is located. If 951
the subdivision is located in more than one county, "board of 952
elections" means the county board of elections of the county that 953
contains the largest portion of the population of the subdivision 954
or that otherwise has jurisdiction in practice over and 955
23
customarily handles election matters relating to the subdivision. 956
(D) "Bond retirement fund" means the bond retirement fund 958
provided for in section 5705.09 of the Revised Code, and also 959
means a sinking fund or any other special fund, regardless of the 960
name applied to it, established by or pursuant to law or the 961
proceedings for the payment of debt charges. Provision may be 962
made in the applicable proceedings for the establishment in a 963
bond retirement fund of separate accounts relating to debt 964
charges on particular securities, or on securities payable from 965
the same or common sources, and for the application of moneys in 966
those accounts only to specified debt charges on specified 967
securities or categories of securities. Subject to law and any 968
provisions in the applicable proceedings, moneys in a bond 969
retirement fund or separate account in a bond retirement fund may 970
be transferred to other funds and accounts. 971
(E) "Capitalized interest" means all or a portion of the 973
interest payable on securities from their date to a date stated 974
or provided for in the applicable legislation, which interest is 975
to be paid from the proceeds of the securities. 976
(F) "Chapter 133. securities" means securities authorized 978
by or issued pursuant to or in accordance with this chapter. 979
(G) "County auditor" means the county auditor of the 981
county in which the subdivision is located. If the subdivision 982
is located in more than one county, "county auditor" means the 983
county auditor of the county that contains the highest amount of 984
the tax valuation of the subdivision or that otherwise has 985
jurisdiction in practice over and customarily handles property 986
tax matters relating to the subdivision. In the case of a county 987
that has adopted a charter, "county auditor" means the officer 988
who generally has the duties and functions provided in the 989
Revised Code for a county auditor. 990
(H) "Credit enhancement facilities" means letters of 992
credit, lines of credit, stand-by, contingent, or firm securities 993
purchase agreements, insurance, or surety arrangements, 994
24
guarantees, and other arrangements that provide for direct or 995
contingent payment of debt charges, for security or additional 996
security in the event of nonpayment or default in respect of 997
securities, or for making payment of debt charges to and at the 998
option and on demand of securities holders or at the option of 999
the issuer or upon certain conditions occurring under put or 1,000
similar arrangements, or for otherwise supporting the credit or 1,001
liquidity of the securities, and includes credit, reimbursement, 1,002
marketing, remarketing, indexing, carrying, interest rate hedge, 1,003
and subrogation agreements, and other agreements and arrangements 1,004
for payment and reimbursement of the person providing the credit 1,005
enhancement facility and the security for that payment and 1,006
reimbursement. 1,007
(I) "Current operating expenses" or "current expenses" 1,009
means the lawful expenditures of a subdivision, except those for 1,010
permanent improvements and for payments of debt charges of the 1,011
subdivision. 1,012
(J) "Debt charges" means the principal, including any 1,014
mandatory sinking fund deposits and mandatory redemption 1,015
payments, interest, and any redemption premium, payable on 1,016
securities as those payments come due and are payable. The use 1,017
of "debt charges" for this purpose does not imply that any 1,018
particular securities constitute debt within the meaning of the 1,019
Ohio Constitution or other laws. 1,020
(K) "Financing costs" means all costs and expenses 1,022
relating to the authorization, including any required election, 1,023
issuance, sale, delivery, authentication, deposit, custody, 1,024
clearing, registration, transfer, exchange, fractionalization, 1,025
replacement, payment, and servicing of securities, including, 1,026
without limitation, costs and expenses for or relating to 1,027
publication and printing, postage, delivery, preliminary and 1,028
final official statements, offering circulars, and informational 1,029
statements, travel and transportation, underwriters, placement 1,030
agents, investment bankers, paying agents, registrars, 1,031
25
authenticating agents, remarketing agents, custodians, clearing 1,032
agencies or corporations, securities depositories, financial 1,033
advisory services, certifications, audits, federal or state 1,034
regulatory agencies, accounting and computation services, legal 1,035
services and obtaining approving legal opinions and other legal 1,036
opinions, credit ratings, redemption premiums, and credit 1,037
enhancement facilities. Financing costs may be paid from any 1,038
moneys available for the purpose, including, unless otherwise 1,039
provided in the proceedings, from the proceeds of the securities 1,040
to which they relate and, as to future financing costs, from the 1,041
same sources from which debt charges on the securities are paid 1,042
and as though debt charges. 1,043
(L) "Fiscal officer" means the following, or, in the case 1,045
of absence or vacancy in the office, a deputy or assistant 1,046
authorized by law or charter to act in the place of the named 1,047
officer, or if there is no such authorization then the deputy or 1,048
assistant authorized by legislation to act in the place of the 1,049
named officer for purposes of this chapter, in the case of the 1,050
following subdivisions: 1,051
(1) A county, the county auditor; 1,053
(2) A municipal corporation, the city auditor or village 1,055
clerk or clerk-treasurer, or the officer who, by virtue of a 1,056
charter, has the duties and functions provided in the Revised 1,057
Code for the city auditor or village clerk or clerk-treasurer; 1,058
(3) A school district, the treasurer of the board of 1,060
education; 1,061
(4) A regional water and sewer district, the secretary of 1,063
the board of trustees; 1,064
(5) A joint township hospital district, the treasurer of 1,066
the district; 1,067
(6) A joint ambulance district, the clerk of the board of 1,069
trustees; 1,070
(7) A joint recreation district, the person designated 1,072
pursuant to section 755.15 of the Revised Code; 1,073
26
(8) A detention home FACILITY district or a district 1,075
organized under section 2151.65 of the Revised Code or a combined 1,076
district organized under sections 2151.34 2152.41 and 2151.65 of 1,077
the Revised Code, the county auditor of the county designated by 1,079
law to act as the auditor of the district; 1,080
(9) A township or a township police district, the clerk of 1,082
the township; 1,083
(10) A joint fire district, the clerk of the board of 1,085
trustees of that district; 1,086
(11) A regional or county library district, the person 1,088
responsible for the financial affairs of that district; 1,089
(12) A joint solid waste management district, the fiscal 1,091
officer appointed by the board of directors of the district under 1,092
section 343.01 of the Revised Code; 1,093
(13) A joint emergency medical services district, the 1,095
person appointed as fiscal officer pursuant to division (D) of 1,096
section 307.053 of the Revised Code; 1,097
(14) A fire and ambulance district, the person appointed 1,099
as fiscal officer under division (B) of section 505.375 of the 1,100
Revised Code;
(15) A subdivision described in division (MM)(16) of this 1,102
section, the officer who is designated by law as or performs the 1,103
functions of its chief fiscal officer. 1,104
(M) "Fiscal year" has the same meaning as in section 9.34 1,106
of the Revised Code. 1,107
(N) "Fractionalized interests in public obligations" means 1,109
participations, certificates of participation, shares, or other 1,110
instruments or agreements, separate from the public obligations 1,111
themselves, evidencing ownership of interests in public 1,112
obligations or of rights to receive payments of, or on account 1,113
of, principal or interest or their equivalents payable by or on 1,114
behalf of an obligor pursuant to public obligations. 1,115
(O) "Fully registered securities" means securities in 1,117
certificated or uncertificated form, registered as to both 1,118
27
principal and interest in the name of the owner. 1,119
(P) "Fund" means to provide for the payment of debt 1,121
charges and expenses related to that payment at or prior to 1,122
retirement by purchase, call for redemption, payment at maturity, 1,123
or otherwise. 1,124
(Q) "General obligation" means securities to the payment 1,126
of debt charges on which the full faith and credit and the 1,127
general property taxing power, including taxes within the tax 1,128
limitation if available to the subdivision, of the subdivision 1,129
are pledged. 1,130
(R) "Interest" or "interest equivalent" means those 1,132
payments or portions of payments, however denominated, that 1,133
constitute or represent consideration for forbearing the 1,134
collection of money, or for deferring the receipt of payment of 1,135
money to a future time. 1,136
(S) "Internal Revenue Code" means the "Internal Revenue 1,138
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended, 1,139
and includes any laws of the United States providing for 1,140
application of that code. 1,141
(T) "Issuer" means any public issuer and any nonprofit 1,143
corporation authorized to issue securities for or on behalf of 1,144
any public issuer. 1,145
(U) "Legislation" means an ordinance or resolution passed 1,147
by a majority affirmative vote of the then members of the taxing 1,148
authority unless a different vote is required by charter 1,149
provisions governing the passage of the particular legislation by 1,150
the taxing authority. 1,151
(V) "Mandatory sinking fund redemption requirements" means 1,153
amounts required by proceedings to be deposited in a bond 1,154
retirement fund for the purpose of paying in any year or fiscal 1,155
year by mandatory redemption prior to stated maturity the 1,156
principal of securities that is due and payable, except for 1,157
mandatory prior redemption requirements as provided in those 1,158
proceedings, in a subsequent year or fiscal year. 1,159
28
(W) "Mandatory sinking fund requirements" means amounts 1,161
required by proceedings to be deposited in a year or fiscal year 1,162
in a bond retirement fund for the purpose of paying the principal 1,163
of securities that is due and payable in a subsequent year or 1,164
fiscal year. 1,165
(X) "Net indebtedness" has the same meaning as in division 1,167
(A) of section 133.04 of the Revised Code. 1,168
(Y) "Obligor," in the case of securities or fractionalized 1,170
interests in public obligations issued by another person the debt 1,171
charges or their equivalents on which are payable from payments 1,172
made by a public issuer, means that public issuer. 1,173
(Z) "One purpose" relating to permanent improvements means 1,175
any one permanent improvement or group or category of permanent 1,176
improvements for the same utility, enterprise, system, or 1,177
project, development or redevelopment project, or for or devoted 1,178
to the same general purpose, function, or use or for which 1,179
self-supporting securities, based on the same or different 1,180
sources of revenues, may be issued or for which special 1,181
assessments may be levied by a single ordinance or resolution. 1,182
"One purpose" includes, but is not limited to, in any case any 1,183
off-street parking facilities relating to another permanent 1,184
improvement, and: 1,185
(1) Any number of roads, highways, streets, bridges, 1,187
sidewalks, and viaducts; 1,188
(2) Any number of off-street parking facilities; 1,190
(3) In the case of a county, any number of permanent 1,192
improvements for courthouse, jail, county offices, and other 1,193
county buildings, and related facilities; 1,194
(4) In the case of a school district, any number of 1,196
facilities and buildings for school district purposes, and 1,197
related facilities. 1,198
(AA) "Outstanding," referring to securities, means 1,200
securities that have been issued, delivered, and paid for, except 1,201
any of the following: 1,202
29
(1) Securities canceled upon surrender, exchange, or 1,204
transfer, or upon payment or redemption; 1,205
(2) Securities in replacement of which or in exchange for 1,207
which other securities have been issued; 1,208
(3) Securities for the payment, or redemption or purchase 1,210
for cancellation prior to maturity, of which sufficient moneys or 1,211
investments, in accordance with the applicable legislation or 1,212
other proceedings or any applicable law, by mandatory sinking 1,213
fund redemption requirements, mandatory sinking fund 1,214
requirements, or otherwise, have been deposited, and credited for 1,215
the purpose in a bond retirement fund or with a trustee or paying 1,216
or escrow agent, whether at or prior to their maturity or 1,217
redemption, and, in the case of securities to be redeemed prior 1,218
to their stated maturity, notice of redemption has been given or 1,219
satisfactory arrangements have been made for giving notice of 1,220
that redemption, or waiver of that notice by or on behalf of the 1,221
affected security holders has been filed with the subdivision or 1,222
its agent for the purpose. 1,223
(BB) "Paying agent" means the one or more banks, trust 1,225
companies, or other financial institutions or qualified persons, 1,226
including an appropriate office or officer of the subdivision, 1,227
designated as a paying agent or place of payment of debt charges 1,228
on the particular securities. 1,229
(CC) "Permanent improvement" or "improvement" means any 1,231
property, asset, or improvement certified by the fiscal officer, 1,232
which certification is conclusive, as having an estimated life or 1,233
period of usefulness of five years or more, and includes, but is 1,234
not limited to, real estate, buildings, and personal property and 1,235
interests in real estate, buildings, and personal property, 1,236
equipment, furnishings, and site improvements, and 1,237
reconstruction, rehabilitation, renovation, installation, 1,238
improvement, enlargement, and extension of property, assets, or 1,239
improvements so certified as having an estimated life or period 1,240
of usefulness of five years or more. The acquisition of all the 1,241
30
stock ownership of a corporation is the acquisition of a 1,242
permanent improvement to the extent that the value of that stock 1,243
is represented by permanent improvements. A permanent 1,244
improvement for parking, highway, road, and street purposes 1,245
includes resurfacing, but does not include ordinary repair. 1,246
(DD) "Person" has the same meaning as in section 1.59 of 1,248
the Revised Code and also includes any federal, state, 1,249
interstate, regional, or local governmental agency, any 1,250
subdivision, and any combination of those persons. 1,251
(EE) "Proceedings" means the legislation, certifications, 1,253
notices, orders, sale proceedings, trust agreement or indenture, 1,254
mortgage, lease, lease-purchase agreement, assignment, credit 1,255
enhancement facility agreements, and other agreements, 1,256
instruments, and documents, as amended and supplemented, and any 1,257
election proceedings, authorizing, or providing for the terms and 1,258
conditions applicable to, or providing for the security or sale 1,259
or award of, public obligations, and includes the provisions set 1,260
forth or incorporated in those public obligations and 1,261
proceedings. 1,262
(FF) "Public issuer" means any of the following that is 1,264
authorized by law to issue securities or enter into public 1,265
obligations: 1,266
(1) The state, including an agency, commission, officer, 1,268
institution, board, authority, or other instrumentality of the 1,269
state; 1,270
(2) A taxing authority, subdivision, district, or other 1,272
local public or governmental entity, and any combination or 1,273
consortium, or public division, district, commission, authority, 1,274
department, board, officer, or institution, thereof; 1,275
(3) Any other body corporate and politic, or other public 1,277
entity. 1,278
(GG) "Public obligations" means both of the following: 1,280
(1) Securities; 1,282
(2) Obligations of a public issuer to make payments under 1,284
31
installment sale, lease, lease purchase, or similar agreements, 1,285
which obligations bear interest or interest equivalent. 1,286
(HH) "Refund" means to fund and retire outstanding 1,288
securities, including advance refunding with or without payment 1,289
or redemption prior to maturity. 1,290
(II) "Register" means the books kept and maintained by the 1,292
registrar for registration, exchange, and transfer of registered 1,293
securities. 1,294
(JJ) "Registrar" means the person responsible for keeping 1,296
the register for the particular registered securities, designated 1,297
by or pursuant to the proceedings. 1,298
(KK) "Securities" means bonds, notes, certificates of 1,300
indebtedness, commercial paper, and other instruments in writing, 1,301
including, unless the context does not admit, anticipatory 1,302
securities, issued by an issuer to evidence its obligation to 1,303
repay money borrowed, or to pay interest, by, or to pay at any 1,304
future time other money obligations of, the issuer of the 1,305
securities, but not including public obligations described in 1,306
division (GG)(2) of this section. 1,307
(LL) "Self-supporting securities" means securities or 1,309
portions of securities issued for the purpose of paying costs of 1,310
permanent improvements to the extent that receipts of the 1,311
subdivision, other than the proceeds of taxes levied by that 1,312
subdivision, derived from or with respect to the improvements or 1,313
the operation of the improvements being financed, or the 1,314
enterprise, system, project, or category of improvements of which 1,315
the improvements being financed are part, are estimated by the 1,316
fiscal officer to be sufficient to pay the current expenses of 1,317
that operation or of those improvements or enterprise, system, 1,318
project, or categories of improvements and the debt charges 1,319
payable from those receipts on securities issued for the purpose. 1,320
Until such time as the improvements or increases in rates and 1,321
charges have been in operation or effect for a period of at least 1,322
six months, the receipts therefrom, for purposes of this 1,323
32
definition, shall be those estimated by the fiscal officer, 1,324
except that those receipts may include, without limitation, 1,325
payments made and to be made to the subdivision under leases or 1,326
agreements in effect at the time the estimate is made. In the 1,327
case of an operation, improvements, or enterprise, system, 1,328
project, or category of improvements without at least a six-month 1,329
history of receipts, the estimate of receipts by the fiscal 1,330
officer, other than those to be derived under leases and 1,331
agreements then in effect, shall be confirmed by the taxing 1,332
authority. 1,333
(MM) "Subdivision" means any of the following: 1,335
(1) A county, including a county that has adopted a 1,337
charter under Article X, Ohio Constitution; 1,338
(2) A municipal corporation, including a municipal 1,340
corporation that has adopted a charter under Article XVIII, Ohio 1,341
Constitution; 1,342
(3) A school district; 1,344
(4) A regional water and sewer district organized under 1,346
Chapter 6119. of the Revised Code; 1,347
(5) A joint township hospital district organized under 1,349
section 513.07 of the Revised Code; 1,350
(6) A joint ambulance district organized under section 1,352
505.71 of the Revised Code; 1,353
(7) A joint recreation district organized under division 1,355
(C) of section 755.14 of the Revised Code; 1,356
(8) A detention home FACILITY district organized under 1,358
section 2151.34 2152.41, a district organized under section 1,359
2151.65, or a combined district organized under sections 2151.34 1,361
2152.41 and 2151.65 of the Revised Code; 1,363
(9) A township police district organized under section 1,365
505.48 of the Revised Code; 1,366
(10) A township; 1,368
(11) A joint fire district organized under section 505.371 1,370
of the Revised Code; 1,371
33
(12) A county library district created under section 1,373
3375.19 or a regional library district created under section 1,374
3375.28 of the Revised Code; 1,375
(13) A joint solid waste management district organized 1,377
under section 343.01 or 343.012 of the Revised Code; 1,378
(14) A joint emergency medical services district organized 1,380
under section 307.052 of the Revised Code; 1,381
(15) A fire and ambulance district organized under section 1,383
505.375 of the Revised Code; 1,384
(16) Any other political subdivision or taxing district or 1,386
other local public body or agency authorized by this chapter or 1,387
other laws to issue Chapter 133. securities. 1,388
(NN) "Taxing authority" means in the case of the following 1,390
subdivisions: 1,391
(1) A county, a county library district, or a regional 1,393
library district, the board or boards of county commissioners, or 1,394
other legislative authority of a county that has adopted a 1,395
charter under Article X, Ohio Constitution, but with respect to 1,396
such a library district acting solely as agent for the board of 1,397
trustees of that district; 1,398
(2) A municipal corporation, the legislative authority; 1,400
(3) A school district, the board of education; 1,402
(4) A regional water and sewer district, a joint ambulance 1,404
district, a joint recreation district, a fire and ambulance 1,405
district, or a joint fire district, the board of trustees of the 1,407
district;
(5) A joint township hospital district, the joint township 1,409
hospital board; 1,410
(6) A detention home FACILITY district or a district 1,412
organized under section 2151.65 of the Revised Code, a combined 1,413
district organized under sections 2151.34 2152.41 and 2151.65 of 1,414
the Revised Code, or a joint emergency medical services district, 1,416
the joint board of county commissioners;
(7) A township or a township police district, the board of 1,418
34
township trustees; 1,419
(8) A joint solid waste management district organized 1,421
under section 343.01 or 343.012 of the Revised Code, the board of 1,422
directors of the district; 1,423
(9) A subdivision described in division (MM)(16) of this 1,425
section, the legislative or governing body or official. 1,426
(OO) "Tax limitation" means the "ten-mill limitation" as 1,428
defined in section 5705.02 of the Revised Code without diminution 1,429
by reason of section 5705.313 of the Revised Code or otherwise, 1,430
or, in the case of a municipal corporation or county with a 1,431
different charter limitation on property taxes levied to pay debt 1,432
charges on unvoted securities, that charter limitation. Those 1,433
limitations shall be respectively referred to as the "ten-mill 1,434
limitation" and the "charter tax limitation." 1,435
(PP) "Tax valuation" means the aggregate of the valuations 1,437
of property subject to ad valorem property taxation by the 1,438
subdivision on the real property, personal property, and public 1,439
utility property tax lists and duplicates most recently certified 1,440
for collection, and shall be calculated without deductions of the 1,441
valuations of otherwise taxable property exempt in whole or in 1,442
part from taxation by reason of exemptions of certain amounts of 1,443
taxable value under division (C) of section 5709.01 or section 1,444
323.152 of the Revised Code, or similar laws now or in the future 1,445
in effect. 1,446
(QQ) "Year" means the calendar year. 1,448
(RR) "Interest rate hedge" means any arrangement by which 1,450
either: 1,451
(1) The different interest costs or receipts at fixed 1,453
interest rates and at floating interest rates, or at different 1,454
maturities, are exchanged on stated amounts of bonds or 1,455
investments, or on notional amounts; 1,456
(2) A party will pay interest costs in excess of an agreed 1,458
limitation. 1,459
(SS) "Administrative agent," "agent," "commercial paper," 1,461
35
"floating rate interest structure," "indexing agent," "interest 1,462
rate period," "put arrangement," and "remarketing agent" have the 1,463
same meanings as in section 9.98 of the Revised Code. 1,464
(TT) "Sales tax supported" means obligations to the 1,467
payment of debt charges on which an additional sales tax or 1,468
additional sales taxes have been pledged by the taxing authority 1,469
of a county pursuant to section 133.081 of the Revised Code. 1,471
Sec. 181.22. There is hereby created the criminal 1,480
sentencing advisory committee. The committee shall be comprised 1,481
of the chairperson of the parole board, the director of the 1,483
office of the correctional institution inspection committee, a 1,484
juvenile detention home FACILITY operator, a provider of juvenile 1,485
probation OR COMMUNITY CONTROL services, a provider of juvenile 1,486
parole or aftercare services, a superintendent of a state 1,487
institution operated by the department of youth services, a 1,488
community-based juvenile services provider, a person who is a
member of a youth advocacy organization, a victim of a violation 1,489
of Title XXIX of the Revised Code that was committed by a 1,490
juvenile offender, a representative of community corrections 1,491
programming appointed by the governor, and any other members 1,493
appointed by the chairperson of the state criminal sentencing 1,494
commission upon the advice of the commission. The committee 1,495
shall serve as an advisory body to the state criminal sentencing 1,496
commission and to the commission's standing juvenile committee. 1,498
The members of the committee shall serve without 1,500
compensation, but each member shall be reimbursed for the 1,501
member's actual and necessary expenses incurred in the 1,502
performance of the member's official duties. 1,503
Sec. 307.02. The board of county commissioners of any 1,512
county, in addition to its other powers, may purchase, for cash 1,513
or by installment payments, enter into lease-purchase agreements, 1,514
lease with option to purchase, lease, appropriate, construct, 1,515
enlarge, improve, rebuild, equip, and furnish a courthouse, 1,516
county offices, jail, county home, juvenile court building, 1,517
36
detention home FACILITY, public market houses, retail store rooms 1,519
and offices, if located in a building acquired to house county 1,520
offices, for which store rooms or offices the board of county 1,521
commissioners may establish and collect rents or enter into 1,522
leases as provided in section 307.09 of the Revised Code, county 1,523
children's home, community mental health facility, community 1,524
mental retardation or developmental disability facility, 1,525
facilities for senior citizens, alcohol treatment and control 1,526
center, other necessary buildings, public stadiums, public 1,527
auditorium, exhibition hall, zoological park, public library 1,528
buildings, golf courses, and off-street parking facilities 1,529
determined by the board of county commissioners to be so situated 1,530
as to be useful for any of such purposes or any combination of 1,531
such purposes, for the use of which parking facilities the board 1,532
of county commissioners may establish and collect rates, charges, 1,533
or rents, and sites therefor, such real estate adjoining an 1,534
existing site as is necessary for any of such purposes, including 1,535
real estate necessary to afford light, air, protection from fire, 1,536
suitable surroundings, ingress, and egress; such copies of any 1,537
public records of such county, made or reproduced by miniature 1,538
photography or microfilm, as are necessary for the protection and 1,539
preservation of public records of such county. 1,540
The board of county commissioners of any county may lease 1,542
for a period not to exceed forty years, pursuant to a contract 1,543
providing for the construction thereof under a lease-purchase 1,544
plan, those buildings, structures, and other improvements 1,545
enumerated in the first paragraph of this section, and in 1,546
conjunction therewith, may grant leases, easements, or licenses 1,547
for lands under the control of the county for a period not to 1,548
exceed forty years. Such lease-purchase plan shall provide that 1,549
at the end of the lease period such buildings, structures, and 1,550
related improvements, together with the land on which they are 1,551
situated, shall become the property of the county without cost. 1,552
Whenever any building, structure or other improvement is to 1,554
37
be so leased by a county, the board of county commissioners shall 1,555
file in the office of the board, if the board has a full-time 1,556
clerk, or in the office of the county auditor such basic plans, 1,557
specifications, bills of materials, and estimates of cost with 1,558
sufficient detail to afford bidders all needed information, or 1,559
alternatively, shall file the following plans, details, bills of 1,560
materials, and specifications: 1,561
(A) Full and accurate plans, suitable for the use of 1,563
mechanics and other builders in such construction, improvement, 1,564
addition, alteration, or installation; 1,565
(B) Details to scale and full sized, so drawn and 1,567
represented as to be easily understood; 1,568
(C) Accurate bills showing the exact quantity of different 1,570
kinds of material necessary to the construction; 1,571
(D) Definite and complete specifications of the work to be 1,573
performed, together with such directions as will enable a 1,574
competent mechanic or other builder to carry them out and afford 1,575
bidders all needed information; 1,576
(E) A full and accurate estimate of each item of expense 1,578
and of the aggregate cost thereof. 1,579
The board of county commissioners shall invite bids in the 1,581
manner prescribed in sections 307.86 to 307.92 of the Revised 1,582
Code. Such bids shall contain the terms upon which the builder 1,583
would propose to lease the building, structure, or other 1,584
improvement to the county. The form of the bid approved by the 1,585
board of county commissioners shall be used and a bid shall be 1,586
invalid and not considered unless such form is used without 1,587
change, alteration, or addition. 1,588
Before submitting bids pursuant to this section, any 1,590
builder shall have complied with sections 153.50 to 153.52 of the 1,591
Revised Code. 1,592
On the day and at the place named for receiving bids for 1,594
entering into lease agreements with the county, the board of 1,595
county commissioners shall open the bids, and shall publicly 1,596
38
proceed immediately to tabulate the bids. No such lease 1,597
agreement shall be entered into until the bureau of workers' 1,598
compensation has certified that the corporation, partnership, or 1,599
person to be awarded the lease agreement has complied with 1,600
Chapter 4123. of the Revised Code, and until, if the builder 1,601
submitting the lowest and best bid is a foreign corporation, the 1,602
secretary of state has certified that such corporation is 1,603
authorized to do business in this state, and until, if the 1,604
builder submitting the lowest and best bid is a person or 1,605
partnership nonresident of this state, such person or partnership 1,606
has filed with the secretary of state a power of attorney 1,607
designating the secretary of state as its agent for the purpose 1,608
of accepting service of summons in any action brought under 1,609
Chapter 4123. of the Revised Code, and until the agreement is 1,610
submitted to the county prosecutor and his THE COUNTY 1,611
PROSECUTOR'S approval certified thereon. Within thirty days 1,612
after the day on which the bids are received, the board of county 1,613
commissioners shall investigate the bids received and shall 1,614
determine that the bureau and the secretary of state have made 1,615
the certifications required by this section of the builder who 1,616
has submitted the lowest and best bid. Within ten days of the 1,617
completion of the investigation of the bids the board of county 1,618
commissioners may award the lease agreement to the builder who 1,619
has submitted the lowest and best bid and who has been certified 1,620
by the bureau and secretary of state as required by this section. 1,621
If bidding for the lease agreement has been conducted upon the 1,622
basis of basic plans, specifications, bills of materials, and 1,623
estimates of costs, upon the award to the builder, the board of 1,624
county commissioners, or the builder with the approval of the 1,625
board of county commissioners, shall appoint an architect or 1,626
engineer licensed in Ohio to prepare such further detailed plans, 1,627
specifications, and bills of materials as are required to 1,628
construct the buildings, structures, and other improvements 1,629
enumerated in the first paragraph of this section. The board of 1,630
39
county commissioners may reject any bid. Where there is reason 1,631
to believe there is collusion or combination among the bidders, 1,632
the bids of those concerned therein shall be rejected. 1,633
Sec. 307.022. (A) The board of county commissioners of 1,642
any county may do both of the following without following the 1,643
competitive bidding requirements of section 307.86 of the Revised 1,644
Code: 1,645
(1) Enter into a lease, including a lease with an option 1,647
to purchase, of correctional facilities for a term not in excess 1,648
of forty years. Before entering into the lease, the board shall 1,649
publish, once a week for three consecutive weeks in a newspaper 1,650
of general circulation in the county, a notice that the board is 1,651
accepting proposals for a lease pursuant to this division. The 1,652
notice shall state the date before which the proposals are 1,653
required to be submitted in order to be considered by the board. 1,654
(2) Subject to compliance with this section, grant leases, 1,656
easements, and licenses with respect to, or sell, real property 1,657
owned by the county if the real property is to be leased back by 1,658
the county for use as correctional facilities. 1,659
The lease under division (A)(1) of this section shall 1,661
require the county to contract, in accordance with Chapter 153., 1,662
sections 307.86 to 307.92, and Chapter 4115. of the Revised Code, 1,663
for the construction, improvement, furnishing, and equipping of 1,664
correctional facilities to be leased pursuant to this section. 1,665
Prior to the board's execution of the lease, it may require the 1,666
lessor under the lease to cause sufficient money to be made 1,667
available to the county to enable the county to comply with the 1,668
certification requirements of division (D) of section 5705.41 of 1,669
the Revised Code. 1,670
A lease entered into pursuant to division (A)(1) of this 1,672
section by a board may provide for the county to maintain and 1,673
repair the correctional facility during the term of the 1,674
leasehold, may provide for the county to make rental payments 1,675
prior to or after occupation of the correctional facilities by 1,676
40
the county, and may provide for the board to obtain and maintain 1,677
any insurance that the lessor may require, including, but not 1,678
limited to, public liability, casualty, builder's risk, and 1,679
business interruption insurance. The obligations incurred under 1,680
a lease entered into pursuant to division (A)(1) of this section 1,681
shall not be considered to be within the debt limitations of 1,682
section 133.07 of the Revised Code. 1,683
(B) The correctional facilities leased under division 1,685
(A)(1) of this section may include any or all of the following: 1,686
(1) Facilities in which one or more other governmental 1,688
entities are participating or in which other facilities of the 1,689
county are included; 1,690
(2) Facilities acquired, constructed, renovated, or 1,692
financed by the Ohio building authority and leased to the county 1,693
pursuant to section 307.021 of the Revised Code; 1,694
(3) Correctional facilities that are under construction or 1,696
have been completed and for which no permanent financing has been 1,697
arranged. 1,698
(C) As used in this section: 1,700
(1) "Correctional facilities" includes, but is not limited 1,702
to, jails, detention homes FACILITIES, workhouses, 1,703
community-based correctional facilities, and family court 1,705
centers.
(2) "Construction" has the same meaning as in division (B) 1,707
of section 4115.03 of the Revised Code. 1,708
Sec. 329.05. The county department of job and family 1,717
services may administer or assist in administering any state or 1,719
local family services activity in addition to those mentioned in 1,722
section 329.04 of the Revised Code, supported wholly or in part 1,723
by public funds from any source provided by agreement between the 1,724
board of county commissioners and the officer, department, board, 1,725
or agency in which the administration of such activity is vested. 1,726
Such officer, department, board, or agency may enter into such 1,727
agreement and confer upon the county department of job and family 1,729
41
services, to the extent and in particulars specified in the 1,730
agreement, the performance of any duties and the exercise of any 1,731
powers imposed upon or vested in such officer, board, department, 1,732
or agency, with respect to the administration of such activity. 1,733
Such agreement shall be in the form of a resolution of the board 1,734
of county commissioners, accepted in writing by the other party 1,735
to the agreement, and filed in the office of the county auditor, 1,736
and when so filed, shall have the effect of transferring the 1,737
exercise of the powers and duties to which the agreement relates 1,738
and shall exempt the other party from all further responsibility 1,739
for the exercise of the powers and duties so transferred, during 1,740
the life of the agreement. 1,741
Such agreement shall be coordinated and not conflict with a 1,743
partnership agreement entered into under section 307.98, a 1,744
contract entered into under section 307.981 or 307.982, a plan of 1,745
cooperation entered into under section 307.983, a regional plan 1,747
of cooperation entered into under section 307.984, a 1,748
transportation work plan developed under section 307.985, or 1,750
procedures for providing services to children whose families 1,752
relocate frequently established under section 307.986 of the 1,753
Revised Code. It may be revoked at the option of either party, 1,755
by a resolution or order of the revoking party filed in the 1,756
office of the auditor. Such revocation shall become effective at 1,757
the end of the fiscal year occurring at least six months 1,758
following the filing of the resolution or order. In the absence 1,759
of such an express revocation so filed, the agreement shall 1,760
continue indefinitely.
This section does not permit a county department of job and 1,762
family services to manage or control hospitals, humane societies, 1,764
detention homes FACILITIES, jails or probation departments of 1,767
courts, or veterans service commissions.
Sec. 2151.01. The sections in Chapter 2151. of the Revised 1,776
Code, with the exception of those sections providing for the 1,777
criminal prosecution of adults, shall be liberally interpreted 1,778
42
and construed so as to effectuate the following purposes: 1,779
(A) To provide for the care, protection, and mental and 1,781
physical development of children subject to Chapter 2151. of the 1,782
Revised Code; 1,783
(B) To protect the public interest in removing the 1,785
consequences of criminal behavior and the taint of criminality 1,786
from children committing delinquent acts and to substitute 1,787
therefor a program of supervision, care, and rehabilitation; 1,788
(C) To achieve the foregoing purposes, whenever possible, 1,790
in a family environment, separating the child from its THE 1,791
CHILD'S parents only when necessary for his THE CHILD'S welfare 1,793
or in the interests of public safety; 1,795
(D)(B) To provide judicial procedures through which 1,797
Chapter CHAPTERS 2151. AND 2152. of the Revised Code is ARE 1,799
executed and enforced, and in which the parties are assured of a 1,801
fair hearing, and their constitutional and other legal rights are 1,802
recognized and enforced. 1,803
Sec. 2151.011. (A) As used in the Revised Code: 1,814
(1) "Juvenile court" means the WHICHEVER OF THE FOLLOWING 1,816
IS APPLICABLE THAT HAS JURISDICTION UNDER THIS CHAPTER AND 1,818
CHAPTER 2152. OF THE REVISED CODE: 1,819
(a) THE division of the court of common pleas or a 1,822
SPECIFIED IN SECTION 2101.022 OR 2301.03 OF THE REVISED CODE AS 1,823
HAVING JURISDICTION UNDER THIS CHAPTER AND CHAPTER 2152. OF THE 1,825
REVISED CODE OR AS BEING THE JUVENILE DIVISION OR THE JUVENILE 1,826
DIVISION COMBINED WITH ONE OR MORE OTHER DIVISIONS; 1,827
(b) THE juvenile court OF CUYAHOGA COUNTY OR HAMILTON 1,830
COUNTY THAT IS separately and independently created having BY 1,831
SECTION 2151.08 OR CHAPTER 2153. OF THE REVISED CODE AND THAT HAS 1,832
jurisdiction under this chapter AND CHAPTER 2152. OF THE REVISED 1,833
CODE; 1,834
(c) IF DIVISION (A)(1)(a) OR (b) OF THIS SECTION DOES NOT 1,837
APPLY, THE PROBATE DIVISION OF THE COURT OF COMMON PLEAS. 1,838
(2) "Juvenile judge" means a judge of a court having 1,840
43
jurisdiction under this chapter. 1,841
(3) "Private child placing agency" means any association, 1,843
as defined in section 5103.02 of the Revised Code, that is 1,844
certified under section 5103.03 of the Revised Code to accept 1,847
temporary, permanent, or legal custody of children and place the 1,848
children for either foster care or adoption.
(4) "Private noncustodial agency" means any person, 1,850
organization, association, or society certified by the department 1,851
of job and family services that does not accept temporary or 1,853
permanent legal custody of children, that is privately operated 1,854
in this state, and that does one or more of the following: 1,855
(a) Receives and cares for children for two or more 1,857
consecutive weeks; 1,858
(b) Participates in the placement of children in certified 1,861
foster homes; 1,862
(c) Provides adoption services in conjunction with a 1,864
public children services agency or private child placing agency. 1,865
(B) As used in this chapter: 1,867
(1) "Adequate parental care" means the provision by a 1,869
child's parent or parents, guardian, or custodian of adequate 1,870
food, clothing, and shelter to ensure the child's health and 1,871
physical safety and the provision by a child's parent or parents 1,872
of specialized services warranted by the child's physical or 1,873
mental needs. 1,874
(2) "Adult" means an individual who is eighteen years of 1,876
age or older. 1,877
(3) "Agreement for temporary custody" means a voluntary 1,879
agreement authorized by section 5103.15 of the Revised Code that 1,881
transfers the temporary custody of a child to a public children 1,882
services agency or a private child placing agency. 1,883
(4) "Certified foster home" means a foster home, as 1,886
defined in section 5103.02 of the Revised Code, certified under 1,887
section 5103.03 of the Revised Code. 1,888
(5)(a) "Child" means a person who is under eighteen years 1,891
44
of age, except as otherwise provided in divisions (B)(5)(b) to 1,892
(f) of this section. 1,893
(b) Subject to division (B)(5)(c) of this section, THAT 1,896
THE JUVENILE COURT HAS JURISDICTION OVER any person who violates 1,897
a federal or state law or municipal ordinance IS ADJUDICATED AN 1,898
UNRULY CHILD prior to attaining eighteen years of age UNTIL THE 1,899
PERSON ATTAINS TWENTY-ONE YEARS OF AGE, AND, FOR PURPOSES OF THAT 1,901
JURISDICTION RELATED TO THAT ADJUDICATION, A PERSON WHO IS SO
ADJUDICATED AN UNRULY CHILD shall be deemed a "child" 1,904
irrespective of that person's age at the time the complaint is
filed or the hearing on the complaint is held UNTIL THE PERSON 1,906
ATTAINS TWENTY-ONE YEARS OF AGE. 1,907
(c) Any person who, while under eighteen years of age, 1,910
commits an act that would be a felony if committed by an adult 1,911
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 1,912
child in relation to that act. 1,913
(d) Any person whose case is transferred for criminal 1,915
prosecution pursuant to division (B) or (C) of section 2151.26 of 1,916
the Revised Code shall after the transfer be deemed not to be a 1,917
child in the transferred case. 1,918
(e) Subject to division (B)(5)(f) of this section, any 1,921
person whose case is transferred for criminal prosecution 1,922
pursuant to division (B) or (C) of section 2151.26 of the Revised 1,923
Code and who subsequently is convicted of or pleads guilty to a 1,924
felony in that case shall after the transfer be deemed not to be 1,926
a child in any case in which the person is alleged to have 1,928
committed prior to or subsequent to the transfer an act that 1,930
would be an offense if committed by an adult. Division (B)(5)(e) 1,931
of this section applies to a case regardless of whether the prior 1,934
or subsequent act that is alleged in the case and that would be
an offense if committed by an adult allegedly was committed in 1,935
the same county in which the case was transferred or in another 1,937
county and regardless of whether the complaint in the case 1,938
45
involved was filed in the same county in which the case was 1,939
transferred or in another county. Division (B)(5)(e) of this 1,940
section applies to a case that involves an act committed prior to 1,941
the transfer only when the prior act alleged in the case has not 1,942
been disposed of by a juvenile court or trial court. 1,943
(f) Notwithstanding division (B)(5)(e) of this section, if 1,946
a person's case is transferred for criminal prosecution pursuant 1,947
to division (B) or (C) of section 2151.26 of the Revised Code and 1,948
if the person subsequently is convicted of or pleads guilty to a 1,949
felony in that case, thereafter, the person shall be considered a 1,950
child solely for the following purposes in relation to any act
the person subsequently commits that would be an offense if 1,951
committed by an adult: 1,952
(i) For purposes of the filing of a complaint alleging 1,954
that the child is a delinquent child for committing the act that 1,955
would be an offense if committed by an adult; 1,956
(ii) For purposes of the juvenile court conducting a 1,958
hearing under division (B) of section 2151.26 of the Revised Code 1,960
relative to the complaint described in division (B)(5)(f)(i) of 1,961
this section to determine whether division (B)(1) of section 1,962
2151.26 of the Revised Code applies and requires that the case be 1,964
transferred for criminal prosecution to the appropriate court 1,965
having jurisdiction of the offense.
(6) "Child day camp," "child day-care," "child day-care 1,967
center," "part-time child day-care center," "type A family 1,970
day-care home," "certified type B family day-care home," "type B 1,971
home," "administrator of a child day-care center," "administrator 1,973
of a type A family day-care home," "in-home aide," and 1,974
"authorized provider" have the same meanings as in section 1,975
5104.01 of the Revised Code.
(7) "Child day-care provider" means an individual who is a 1,978
child-care staff member or administrator of a child day-care
center, a type A family day-care home, or a type B family 1,979
day-care home, or an in-home aide or an individual who is 1,980
46
licensed, is regulated, is approved, operates under the direction 1,981
of, or otherwise is certified by the department of job and family 1,983
services, department of mental retardation and developmental 1,984
disabilities, or the early childhood programs of the department 1,985
of education. 1,986
(8) "Chronic truant" means any child of compulsory school 1,988
age who is absent without legitimate excuse for absence from the 1,989
public school the child is supposed to attend for seven or more 1,990
consecutive school days, ten or more school days in one school 1,991
month, or fifteen or more school days in a school year HAS THE 1,992
SAME MEANING AS IN SECTION 2152.02 OF THE REVISED CODE. 1,993
(10)(8)(9) "Commit" means to vest custody as ordered by 1,995
the court. 1,996
(11)(9)(10) "Counseling" includes both of the following: 1,998
(a) General counseling services performed by a public 2,001
children services agency or shelter for victims of domestic 2,002
violence to assist a child, a child's parents, and a child's 2,003
siblings in alleviating identified problems that may cause or 2,005
have caused the child to be an abused, neglected, or dependent 2,006
child.
(b) Psychiatric or psychological therapeutic counseling 2,009
services provided to correct or alleviate any mental or emotional 2,011
illness or disorder and performed by a licensed psychiatrist,
licensed psychologist, or a person licensed under Chapter 4757. 2,013
of the Revised Code to engage in social work or professional 2,014
counseling.
(12)(10)(11) "Custodian" means a person who has legal 2,016
custody of a child or a public children services agency or 2,019
private child placing agency that has permanent, temporary, or 2,020
legal custody of a child. 2,021
(13)(11)(12) "DELINQUENT CHILD" HAS THE SAME MEANING AS IN 2,023
SECTION 2152.02 OF THE REVISED CODE. 2,024
(13) "Detention" means the temporary care of children 2,026
pending court adjudication or disposition, or execution of a 2,027
47
court order, in a public or private facility designed to 2,028
physically restrict the movement and activities of children. 2,029
(14)(12) "Developmental disability" has the same meaning 2,031
as in section 5123.01 of the Revised Code. 2,032
(16)(13)(15) "FOSTER caregiver" has the same meaning as in 2,035
section 5103.02 of the Revised Code. 2,037
(17)(13)(14)(16) "Guardian" means a person, association, 2,039
or corporation that is granted authority by a probate court 2,040
pursuant to Chapter 2111. of the Revised Code to exercise 2,041
parental rights over a child to the extent provided in the 2,042
court's order and subject to the residual parental rights of the 2,043
child's parents.
(18)(17) "Habitual truant" means any child of compulsory 2,045
school age who is absent without legitimate excuse for absence 2,047
from the public school the child is supposed to attend for five 2,049
or more consecutive school days, seven or more school days in one 2,050
school month, or twelve or more school days in a school year. 2,051
(19)(14)(15)(18) "JUVENILE TRAFFIC OFFENDER" HAS THE SAME 2,053
MEANING AS IN SECTION 2152.02 OF THE REVISED CODE. 2,054
(19) "Legal custody" means a legal status that vests in 2,057
the custodian the right to have physical care and control of the 2,058
child and to determine where and with whom the child shall live, 2,059
and the right and duty to protect, train, and discipline the 2,061
child and to provide the child with food, shelter, education, and 2,062
medical care, all subject to any residual parental rights, 2,064
privileges, and responsibilities. An individual granted legal 2,065
custody shall exercise the rights and responsibilities personally 2,066
unless otherwise authorized by any section of the Revised Code or 2,067
by the court. 2,068
(20) A "legitimate excuse for absence from the public 2,070
school the child is supposed to attend" includes, but is not 2,072
limited to, any of the following: 2,073
(a) The fact that the child in question has enrolled in 2,075
and is attending another public or nonpublic school in this or 2,076
48
another state; 2,077
(b) The fact that the child in question is excused from 2,079
attendance at school for any of the reasons specified in section 2,080
3321.04 of the Revised Code; 2,081
(c) The fact that the child in question has received an 2,083
age and schooling certificate in accordance with section 3331.01 2,084
of the Revised Code. 2,085
(21)(15)(16) "Mental illness" and "mentally ill person 2,087
subject to hospitalization by court order" have the same meanings 2,090
as in section 5122.01 of the Revised Code. 2,091
(22)(16)(17) "Mental injury" means any behavioral, 2,093
cognitive, emotional, or mental disorder in a child caused by an 2,095
act or omission that is described in section 2919.22 of the 2,096
Revised Code and is committed by the parent or other person 2,097
responsible for the child's care. 2,098
(23)(17)(18) "Mentally retarded person" has the same 2,100
meaning as in section 5123.01 of the Revised Code. 2,103
(24)(18)(19) "Nonsecure care, supervision, or training" 2,105
means care, supervision, or training of a child in a facility 2,107
that does not confine or prevent movement of the child within the 2,108
facility or from the facility. 2,109
(25) "Of compulsory school age" has the same meaning as in 2,112
section 3321.01 of the Revised Code. 2,113
(26)(19)(20) "Organization" means any institution, public, 2,116
semipublic, or private, and any private association, society, or 2,117
agency located or operating in the state, incorporated or 2,118
unincorporated, having among its functions the furnishing of 2,119
protective services or care for children, or the placement of 2,120
children in certified foster homes or elsewhere. 2,121
(27)(20)(21) "Out-of-home care" means detention 2,123
facilities, shelter facilities, certified foster homes, placement 2,126
in a prospective adoptive home prior to the issuance of a final 2,127
decree of adoption, organizations, certified organizations, child 2,128
day-care centers, type A family day-care homes, child day-care 2,129
49
provided by type B family day-care home providers and by in-home 2,130
aides, group home providers, group homes, institutions, state 2,131
institutions, residential facilities, residential care 2,132
facilities, residential camps, day camps, hospitals, and medical 2,133
clinics that are responsible for the care, physical custody, or 2,134
control of children.
(28)(21)(22) "Out-of-home care child abuse" means any of 2,136
the following when committed by a person responsible for the care 2,138
of a child in out-of-home care: 2,139
(a) Engaging in sexual activity with a child in the 2,141
person's care; 2,142
(b) Denial to a child, as a means of punishment, of proper 2,144
or necessary subsistence, education, medical care, or other care 2,145
necessary for a child's health; 2,146
(c) Use of restraint procedures on a child that cause 2,148
injury or pain; 2,149
(d) Administration of prescription drugs or psychotropic 2,151
medication to the child without the written approval and ongoing 2,152
supervision of a licensed physician; 2,153
(e) Commission of any act, other than by accidental means, 2,155
that results in any injury to or death of the child in 2,156
out-of-home care or commission of any act by accidental means 2,157
that results in an injury to or death of a child in out-of-home 2,158
care and that is at variance with the history given of the injury 2,159
or death.
(29)(22)(23) "Out-of-home care child neglect" means any of 2,162
the following when committed by a person responsible for the care 2,163
of a child in out-of-home care: 2,164
(a) Failure to provide reasonable supervision according to 2,166
the standards of care appropriate to the age, mental and physical 2,167
condition, or other special needs of the child; 2,168
(b) Failure to provide reasonable supervision according to 2,170
the standards of care appropriate to the age, mental and physical 2,171
condition, or other special needs of the child, that results in 2,172
50
sexual or physical abuse of the child by any person; 2,173
(c) Failure to develop a process for all of the following: 2,175
(i) Administration of prescription drugs or psychotropic 2,177
drugs for the child; 2,178
(ii) Assuring that the instructions of the licensed 2,180
physician who prescribed a drug for the child are followed; 2,181
(iii) Reporting to the licensed physician who prescribed 2,183
the drug all unfavorable or dangerous side effects from the use 2,184
of the drug. 2,185
(d) Failure to provide proper or necessary subsistence, 2,187
education, medical care, or other individualized care necessary 2,188
for the health or well-being of the child; 2,189
(e) Confinement of the child to a locked room without 2,191
monitoring by staff; 2,192
(f) Failure to provide ongoing security for all 2,194
prescription and nonprescription medication; 2,195
(g) Isolation of a child for a period of time when there 2,197
is substantial risk that the isolation, if continued, will impair 2,198
or retard the mental health or physical well-being of the child. 2,199
(30)(23)(24) "Permanent custody" means a legal status that 2,202
vests in a public children services agency or a private child 2,203
placing agency, all parental rights, duties, and obligations, 2,204
including the right to consent to adoption, and divests the 2,205
natural parents or adoptive parents of all parental rights, 2,206
privileges, and obligations, including all residual rights and 2,207
obligations.
(31)(32)(24)(25) "Permanent surrender" means the act of 2,209
the parents or, if a child has only one parent, of the parent of 2,212
a child, by a voluntary agreement authorized by section 5103.15 2,213
of the Revised Code, to transfer the permanent custody of the 2,214
child to a public children services agency or a private child 2,215
placing agency. 2,216
(33)(25)(26)(32) "Person responsible for a child's care in 2,218
out-of-home care" means any of the following: 2,220
51
(a) Any foster caregiver, in-home aide, or provider; 2,222
(b) Any administrator, employee, or agent of any of the 2,224
following: a public or private detention facility; shelter 2,225
facility; organization; certified organization; child day-care 2,226
center; type A family day-care home; certified type B family 2,227
day-care home; group home; institution; state institution; 2,228
residential facility; residential care facility; residential 2,229
camp; day camp; hospital; or medical clinic; 2,230
(c) Any other person who performs a similar function with 2,232
respect to, or has a similar relationship to, children. 2,233
(34)(26)(27)(33) "Physically impaired" means having one or 2,235
more of the following conditions that substantially limit one or 2,237
more of an individual's major life activities, including 2,238
self-care, receptive and expressive language, learning, mobility, 2,239
and self-direction:
(a) A substantial impairment of vision, speech, or 2,241
hearing;
(b) A congenital orthopedic impairment; 2,243
(c) An orthopedic impairment caused by disease, rheumatic 2,246
fever or any other similar chronic or acute health problem, or 2,247
amputation or another similar cause.
(35)(27)(28)(34) "Placement for adoption" means the 2,249
arrangement by a public children services agency or a private 2,251
child placing agency with a person for the care and adoption by 2,252
that person of a child of whom the agency has permanent custody. 2,253
(36)(28)(29)(35) "Placement in foster care" means the 2,255
arrangement by a public children services agency or a private 2,256
child placing agency for the out-of-home care of a child of whom 2,257
the agency has temporary custody or permanent custody. 2,258
(37)(29)(30)(36) "Planned permanent living arrangement" 2,260
means an order of a juvenile court pursuant to which both of the 2,262
following apply:
(a) The court gives legal custody of a child to a public 2,264
children services agency or a private child placing agency 2,265
52
without the termination of parental rights. 2,266
(b) The order permits the agency to make an appropriate 2,268
placement of the child and to enter into a written agreement with 2,271
a foster care provider or with another person or agency with whom 2,272
the child is placed.
(30)(31)(37) "Practice of social work" and "practice of 2,274
professional counseling" have the same meanings as in section 2,276
4757.01 of the Revised Code. 2,277
(38)(31)(32) "Probation SANCTION, SERVICE, OR CONDITION" 2,279
means a legal status SANCTION, SERVICE, OR CONDITION created by 2,280
court order following an adjudication that a child is a 2,282
delinquent child, a juvenile traffic offender, or an unruly 2,283
child, whereby the child is permitted to remain in the parent's, 2,284
guardian's, or custodian's home subject to supervision, or under 2,285
the supervision of any agency designated by the court and 2,286
returned to the court for violation of probation at any time 2,287
during the period of probation THAT IS DESCRIBED IN DIVISION 2,288
(A)(3) OF SECTION 2152.19 OF THE REVISED CODE. 2,289
(39)(32)(33) "Protective supervision" means an order of 2,291
disposition pursuant to which the court permits an abused, 2,292
neglected, dependent, OR unruly, or delinquent child or a 2,293
juvenile traffic offender to remain in the custody of the child's 2,295
parents, guardian, or custodian and stay in the child's home, 2,296
subject to any conditions and limitations upon the child, the 2,297
child's parents, guardian, or custodian, or any other person that 2,300
the court prescribes, including supervision as directed by the 2,301
court for the protection of the child. 2,302
(40)(33)(34) "Psychiatrist" has the same meaning as in 2,304
section 5122.01 of the Revised Code. 2,306
(41)(34)(35) "Psychologist" has the same meaning as in 2,308
section 4732.01 of the Revised Code. 2,310
(42)(35)(36) "Residential camp" means a program in which 2,312
the care, physical custody, or control of children is accepted 2,316
overnight for recreational or recreational and educational 2,317
53
purposes.
(43)(36)(37) "Residential care facility" means an 2,319
institution, residence, or facility that is licensed by the 2,321
department of mental health under section 5119.22 of the Revised 2,322
Code and that provides care for a child. 2,323
(44)(37)(38) "Residential facility" means a home or 2,325
facility that is licensed by the department of mental retardation 2,327
and developmental disabilities under section 5123.19 of the 2,328
Revised Code and in which a child with a developmental disability 2,329
resides. 2,330
(45)(38)(39) "Residual parental rights, privileges, and 2,332
responsibilities" means those rights, privileges, and 2,333
responsibilities remaining with the natural parent after the 2,334
transfer of legal custody of the child, including, but not 2,335
necessarily limited to, the privilege of reasonable visitation, 2,336
consent to adoption, the privilege to determine the child's 2,337
religious affiliation, and the responsibility for support. 2,338
(46) "School day" means the school day established by the 2,341
state board of education pursuant to section 3313.48 of the 2,342
Revised Code. 2,343
(47) "School month" and "school year" have the same 2,345
meanings as in section 3313.62 of the Revised Code. 2,347
(48)(39)(40) "Secure correctional facility" means a 2,349
facility under the direction of the department of youth services 2,351
that is designed to physically restrict the movement and 2,352
activities of children and used for the placement of children 2,353
after adjudication and disposition.
(49)(40)(41) "Sexual activity" has the same meaning as in 2,355
section 2907.01 of the Revised Code. 2,357
(50)(41)(42) "Shelter" means the temporary care of 2,359
children in physically unrestricted facilities pending court 2,361
adjudication or disposition. 2,362
(51)(42)(43) "Shelter for victims of domestic violence" 2,364
has the same meaning as in section 3113.33 of the Revised Code. 2,366
54
(52)(43)(44) "Temporary custody" means legal custody of a 2,368
child who is removed from the child's home, which custody may be 2,370
terminated at any time at the discretion of the court or, if the 2,372
legal custody is granted in an agreement for temporary custody, 2,373
by the person who executed the agreement. 2,374
(C) For the purposes of this chapter, a child shall be 2,376
presumed abandoned when the parents of the child have failed to 2,377
visit or maintain contact with the child for more than ninety 2,378
days, regardless of whether the parents resume contact with the 2,379
child after that period of ninety days. 2,380
Sec. 2151.022. As used in this chapter, "unruly child" 2,389
includes any of the following: 2,390
(A) Any child who does not subject the child's self SUBMIT 2,392
to the reasonable control of the child's parents, teachers, 2,394
guardian, or custodian, by reason of being wayward or habitually 2,396
disobedient;
(B) Any child who is persistently truant from home; 2,398
(C) Any child who is an habitual truant from school and 2,400
who previously has not been adjudicated an unruly child for being 2,402
an habitual truant;
(D)(C) Any child who so deports the child's self BEHAVES 2,405
IN A MANNER as to injure or endanger the child's own health or 2,406
morals or the health or morals of others; 2,407
(E) Any child who attempts to enter the marriage relation 2,409
in any state without the consent of the child's parents, 2,410
custodian, or legal guardian or other legal authority; 2,412
(F) Any child who is found in a disreputable place, visits 2,414
or patronizes a place prohibited by law, or associates with 2,416
vagrant, vicious, criminal, notorious, or immoral persons; 2,417
(G) Any child who engages in an occupation prohibited by 2,419
law or is in a situation dangerous to life or limb or injurious 2,421
to the child's own health or morals or the health or morals of 2,423
others;
(H)(D) Any child who violates a law, other than division 2,425
55
(A) of section 2923.211 of the Revised Code, that is applicable 2,427
only to a child.
Sec. 2151.07. The juvenile court is a court of record and 2,436
within the division of domestic relations or probate of the court 2,438
of common pleas, except that the juvenile courts of Cuyahoga 2,440
county and Hamilton county shall be separate divisions of WITHIN 2,441
the court of common pleas. The juvenile court has and shall 2,443
exercise the powers and jurisdiction conferred in sections 2,444
2151.01 to 2151.99 CHAPTERS 2151. AND 2152. of the Revised Code. 2,446
Whenever the juvenile judge of the juvenile court IS SICK, 2,448
is absent from the county, or is unable to attend court, or the 2,449
volume of cases pending in court necessitates it, upon the 2,450
request of said THE ADMINISTRATIVE JUVENILE judge, the presiding 2,452
judge of the court of common pleas PURSUANT TO DIVISION (AA) OF 2,453
SECTION 2301.03 OF THE REVISED CODE shall assign a judge OF ANY 2,454
DIVISION of the court of common pleas of the county to act in his 2,456
THE JUVENILE JUDGE'S place or in conjunction with him THE 2,457
JUVENILE JUDGE. If no such judge OF THE COURT OF COMMON PLEAS is 2,458
available for said THAT purpose, the chief justice of the supreme 2,460
court shall assign a judge of the court of common pleas, a 2,461
juvenile judge, or a probate judge from some other A DIFFERENT 2,462
county to act in the place of such THAT JUVENILE judge or in 2,464
conjunction with him, who THAT JUVENILE JUDGE. THE ASSIGNED 2,467
JUDGE shall receive such THE compensation and expenses for his 2,468
services as SO SERVING THAT is provided by law for judges 2,471
assigned to hold court in courts of common pleas. 2,472
Sec. 2151.08. In Hamilton county, the powers and 2,481
jurisdiction of the juvenile court as conferred by Chapter 2,483
CHAPTERS 2151. AND 2152. of the Revised Code shall be exercised 2,484
by that THE judge of the court of common pleas whose term begins 2,485
on January 1, 1957, and his THAT JUDGE'S successors and that BY 2,487
THE judge of the court of common pleas whose term begins on 2,491
February 14, 1967, and his THAT JUDGE'S successors as provided by 2,492
section 2301.03 of the Revised Code. This conferral of powers 2,493
56
and jurisdiction on such THE SPECIFIED judges shall be deemed a 2,495
creation of a separately and independently created and
established juvenile court in Hamilton county, Ohio. Such THE 2,496
SPECIFIED judges shall serve in each and every position where the 2,498
statutes permit or require a juvenile judge to serve. 2,499
Sec. 2151.10. The juvenile judge shall annually submit a 2,508
written request for an appropriation to the board of county 2,509
commissioners that shall set forth estimated administrative 2,510
expenses of the juvenile court that the judge considers 2,511
reasonably necessary for the operation of the court, including 2,512
reasonably necessary expenses of the judge and such officers and 2,513
employees as the judge may designate in attending conferences at 2,515
which juvenile or welfare problems are discussed, and such sum 2,516
each year as will provide for the maintenance and operation of 2,517
the detention home FACILITY, the care, maintenance, education, 2,518
and support of neglected, abused, dependent, and delinquent 2,520
children, other than children eligible to participate in the Ohio 2,522
works first program established under Chapter 5107. of the 2,523
Revised Code, and for necessary orthopedic, surgical, and medical 2,524
treatment, and special care as may be ordered by the court for 2,525
any neglected, abused, dependent, or delinquent children. The 2,526
board shall conduct a public hearing with respect to the written 2,527
request submitted by the judge and shall appropriate such sum of 2,528
money each year as it determines, after conducting the public 2,529
hearing and considering the written request of the judge, is 2,530
reasonably necessary to meet all the administrative expenses of 2,531
the court. All disbursements from such appropriations shall be 2,532
upon specifically itemized vouchers, certified to by the judge. 2,533
If the judge considers the appropriation made by the board 2,535
pursuant to this section insufficient to meet all the 2,536
administrative expenses of the court, the judge shall commence an 2,538
action under Chapter 2731. of the Revised Code in the court of 2,539
appeals for the judicial district for a determination of the duty 2,540
of the board of county commissioners to appropriate the amount of 2,541
57
money in dispute. The court of appeals shall give priority to 2,542
the action filed by the juvenile judge over all cases pending on 2,543
its docket. The burden shall be on the juvenile judge to prove 2,544
that the appropriation requested is reasonably necessary to meet 2,545
all administrative expenses of the court. If, prior to the 2,546
filing of an action under Chapter 2731. of the Revised Code or 2,547
during the pendency of the action, the judge exercises the 2,548
judge's contempt power in order to obtain the sum of money in 2,550
dispute, the judge shall not order the imprisonment of any member 2,552
of the board of county commissioners notwithstanding sections 2,553
2705.02 to 2705.06 of the Revised Code. 2,554
Sec. 2151.12. (A) Except as otherwise provided in this 2,564
division, whenever a court of common pleas, division of domestic 2,565
relations, exercises the powers and jurisdictions conferred in 2,566
Chapter CHAPTERS 2151. AND 2152. of the Revised Code, the judge 2,568
or judges of that division or, if applicable, the judge of that
division who specifically is designated by section 2301.03 of the 2,569
Revised Code as being responsible for administering sections 2,571
2151.13, 2151.16, 2151.17, and 2151.18, AND 2152.71 of the 2,573
Revised Code shall be the clerk of the court for all records 2,575
filed with the court pursuant to Chapter 2151. OR 2152. of the 2,576
Revised Code or pursuant to any other section of the Revised Code 2,577
that requires documents to be filed with a juvenile judge or a 2,578
juvenile court. If, in a division of domestic relations of a 2,579
court of common pleas that exercises the powers and jurisdiction 2,580
conferred in Chapter CHAPTERS 2151. AND 2152. of the Revised 2,582
Code, the judge of the division, both judges in a two-judge 2,583
division, or a majority of the judges in a division with three or 2,584
more judges and the clerk of the court of common pleas agree in 2,585
an agreement that is signed by the agreeing judge or judges and 2,586
the clerk and entered into formally in the journal of the court, 2,587
the clerk of courts of common pleas shall keep the records filed
with the court pursuant to Chapter 2151. OR 2152. of the Revised 2,588
Code or pursuant to any other section of the Revised Code that 2,591
58
requires documents to be filed with a juvenile judge or a
juvenile court. 2,592
Whenever the juvenile judge, or a majority of the juvenile 2,595
judges of a multi-judge juvenile division, of a court of common 2,596
pleas, juvenile division, and the clerk of the court of common 2,597
pleas agree in an agreement that is signed by the judge and the 2,598
clerk and entered formally in the journal of the court, the 2,599
clerks of courts of common pleas shall keep the records of such 2,600
THOSE courts. In all other cases, the juvenile judge shall be 2,602
the clerk of the judge's own court.
(B) In counties in which the juvenile judge is clerk of 2,604
the judge's own court, before entering upon the duties of office 2,605
as such THE clerk, the judge shall execute and file with the 2,606
county treasurer a bond in a sum to be determined by the board of 2,607
county commissioners, with sufficient surety to be approved by 2,608
the board, conditioned for the faithful performance of duties as 2,609
clerk. The bond shall be given for the benefit of the county, 2,610
the state, or any person who may suffer loss by reason of a 2,611
default in any of the conditions of the bond. 2,612
Sec. 2151.14. (A) The chief probation officer, under the 2,621
direction of the juvenile judge, shall have charge of the work of 2,622
the probation department. The department shall make any 2,623
investigations that the judge directs, keep a written record of 2,624
the investigations, and submit the record to the judge or deal 2,625
with them as the judge directs. The department shall furnish to 2,626
any person placed on probation COMMUNITY CONTROL a statement of 2,627
the conditions of probation COMMUNITY CONTROL and shall instruct 2,629
the person regarding them. The department shall keep informed 2,632
concerning the conduct and condition of each person under its 2,633
supervision and shall report on their conduct and condition to 2,634
the judge as the judge directs. Each probation officer shall use 2,635
all suitable methods to aid persons on probation COMMUNITY
CONTROL and to bring about improvement in their conduct and 2,637
condition. The department shall keep full records of its work, 2,638
59
keep accurate and complete accounts of money collected from 2,639
persons under its supervision, give receipts for the money, and 2,640
make reports on the money as the judge directs. 2,641
(B) Except as provided in division (C) or (D) of this 2,643
section, the reports and records of the department shall be 2,644
considered confidential information and shall not be made public. 2,645
A probation officer may serve the process of the court within or 2,646
without the county, make arrests without warrant upon reasonable 2,648
information or upon view of the violation of this chapter OR 2,649
CHAPTER 2152. OF THE REVISED CODE, detain the person arrested
pending the issuance of a warrant, and perform any other duties, 2,651
incident to the office, that the judge directs. All sheriffs, 2,652
deputy sheriffs, constables, marshals, deputy marshals, chiefs of 2,653
police, municipal corporation and township police officers, and 2,654
other peace officers shall render assistance to probation 2,655
officers in the performance of their duties when requested to do 2,656
so by any probation officer. 2,657
(C) When a complaint has been filed alleging that a child 2,659
is delinquent by reason of having committed an act that would 2,660
constitute a violation of section 2907.02, 2907.03, 2907.05, or 2,662
2907.06 of the Revised Code if committed by an adult and the 2,663
arresting authority, a court, or a probation officer discovers 2,664
that the child or a person whom the child caused to engage in 2,665
sexual activity, as defined in section 2907.01 of the Revised 2,666
Code, has a communicable disease, the arresting authority, court, 2,667
or probation officer immediately shall notify the victim of the 2,668
delinquent act of the nature of the disease. 2,669
(D)(1) In accordance with division (D)(2) of this section, 2,671
subject to the limitation specified in division (D)(4) of this 2,672
section, and in connection with a disposition pursuant to section 2,673
2151.354 of the Revised Code when a child has been found to be an 2,674
unruly child, a disposition pursuant to section 2151.355 SECTIONS 2,675
2152.19 AND 2152.20 of the Revised Code when a child has been 2,677
found to be a delinquent child, or a disposition pursuant to 2,678
60
section 2151.356 SECTIONS 2152.20 AND 2152.21 of the Revised Code 2,680
when a child has been found to be a juvenile traffic offender, 2,681
the court may issue an order requiring boards of education, 2,682
governing bodies of chartered nonpublic schools, public children 2,683
services agencies, private child placing agencies, probation 2,684
departments, law enforcement agencies, and prosecuting attorneys 2,685
that have records related to the child in question to provide 2,686
copies of one or more specified records, or specified information 2,687
in one or more specified records, that the individual or entity 2,688
has with respect to the child to any of the following individuals 2,689
or entities that request the records in accordance with division 2,690
(D)(3)(a) of this section:
(a) The child; 2,692
(b) The attorney or guardian ad litem of the child; 2,694
(c) A parent, guardian, or custodian of the child; 2,696
(d) A prosecuting attorney; 2,698
(e) A board of education of a public school district; 2,700
(f) A probation department of a juvenile court; 2,702
(g) A public children services agency or private child 2,704
placing agency that has custody of the child, is providing 2,705
services to the child or the child's family, or is preparing a 2,706
social history or performing any other function for the juvenile 2,707
court;
(h) The department of youth services when the department 2,709
has custody of the child or is performing any services for the 2,710
child that are required by the juvenile court or by statute; 2,711
(i) The individual in control of a juvenile detention or 2,713
rehabilitation facility to which the child has been committed; 2,714
(j) An employee of the juvenile court that found the child 2,716
to be an unruly child, a delinquent child, or a juvenile traffic 2,717
offender; 2,718
(k) Any other entity that has custody of the child or is 2,720
providing treatment, rehabilitation, or other services for the 2,721
child pursuant to a court order, statutory requirement, or other 2,722
61
arrangement. 2,723
(2) Any individual or entity listed in divisions (D)(1)(a) 2,725
to (k) of this section may file a motion with the court that 2,726
requests the court to issue an order as described in division 2,727
(D)(1) of this section. If such a motion is filed, the court 2,728
shall conduct a hearing on it. If at the hearing the movant 2,729
demonstrates a need for one or more specified records, or for 2,730
information in one or more specified records, related to the 2,731
child in question and additionally demonstrates the relevance of 2,732
the information sought to be obtained from those records, and if 2,733
the court determines that the limitation specified in division 2,734
(D)(4) of this section does not preclude the provision of a 2,735
specified record or specified information to the movant, then the 2,736
court may issue an order to a designated individual or entity to 2,737
provide the movant with copies of one or more specified records 2,738
or with specified information contained in one or more specified 2,739
records. 2,740
(3)(a) Any individual or entity that is authorized by an 2,742
order issued pursuant to division (D)(1) of this section to 2,743
obtain copies of one or more specified records, or specified 2,744
information, related to a particular child may file a written 2,745
request for copies of the records or for the information with any 2,746
individual or entity required by the order to provide copies of 2,747
the records or the information. The request shall be in writing, 2,748
describe the type of records or the information requested, 2,749
explain the need for the records or the information, and be 2,750
accompanied by a copy of the order. 2,751
(b) If an individual or entity that is required by an 2,753
order issued pursuant to division (D)(1) of this section to 2,754
provide one or more specified records, or specified information, 2,755
related to a child receives a written request for the records or 2,756
information in accordance with division (D)(3)(a) of this 2,757
section, the individual or entity immediately shall comply with 2,758
the request to the extent it is able to do so, unless the 2,759
62
individual or entity determines that it is unable to comply with 2,760
the request because it is prohibited by law from doing so, or 2,761
unless the requesting individual or entity does not have 2,762
authority to obtain the requested records or information. If the 2,763
individual or entity determines that it is unable to comply with 2,764
the request, it shall file a motion with the court that issued 2,765
the order requesting the court to determine the extent to which 2,766
it is required to comply with the request for records or 2,767
information. Upon the filing of the motion, the court 2,768
immediately shall hold a hearing on the motion, determine the 2,769
extent to which the movant is required to comply with the request 2,770
for records or information, and issue findings of fact and 2,771
conclusions of law in support of its determination. The 2,772
determination of the court shall be final. If the court 2,773
determines that the movant is required to comply with the request 2,774
for records or information, it shall identify the specific 2,775
records or information that must be supplied to the individual or 2,776
entity that requested the records or information. 2,777
(c) If an individual or entity is required to provide 2,779
copies of one or more specified records pursuant to division (D) 2,780
of this section, the individual or entity may charge a fee for 2,781
the copies that does not exceed the cost of supplying them. 2,782
(4) Division (D) of this section does not require, 2,784
authorize, or permit the dissemination of any records or any 2,785
information contained in any records if the dissemination of the 2,786
records or information generally is prohibited by any provision 2,787
of the Revised Code and a specific provision of the Revised Code 2,788
does not specifically authorize or permit the dissemination of 2,789
the records or information pursuant to division (D) of this 2,790
section.
Sec. 2151.141. (A) If a complaint filed with respect to a 2,799
child pursuant to section 2151.27 of the Revised Code alleges 2,800
that a child is an abused, neglected, or dependent child, any 2,801
individual or entity that is listed in divisions (D)(1)(a) to (k) 2,802
63
of section 2151.14 of the Revised Code and that is investigating 2,803
whether the child is an abused, neglected, or dependent child, 2,804
has custody of the child, is preparing a social history for the 2,805
child, or is providing any services for the child may request any 2,806
board of education, governing body of a chartered nonpublic 2,807
school, public children services agency, private child placing 2,808
agency, probation department, law enforcement agency, or 2,809
prosecuting attorney that has any records related to the child to 2,810
provide the individual or entity with a copy of the records. The 2,811
request shall be in writing, describe the type of records 2,812
requested, explain the need for the records, be accompanied by a 2,813
copy of the complaint, and describe the relationship of the 2,814
requesting individual or entity to the child. The individual or 2,815
entity shall provide a copy of the request to the child in 2,816
question, the attorney or guardian ad litem of the child, and the 2,817
parent, guardian, or custodian of the child. 2,818
(B)(1) Any board of education, governing body of a 2,820
chartered nonpublic school, public children services agency, 2,821
private child placing agency, probation department, law 2,822
enforcement agency, or prosecuting attorney that has any records 2,823
related to a child who is the subject of a complaint as described 2,824
in division (A) of this section and that receives a request for a 2,825
copy of the records pursuant to division (A) of this section 2,826
shall comply with the request, unless the individual or entity 2,827
determines that it is unable to do so because it is prohibited by 2,828
law from complying with the request, the request does not comply 2,829
with division (A) of this section, or a complaint as described in 2,830
division (A) of this section has not been filed with respect to 2,831
the child who is the subject of the requested records. If the 2,832
individual or entity determines that it is unable to comply with 2,833
the request, it shall file a motion with the court in which the 2,834
complaint as described in division (A) of this section was filed 2,835
or was alleged to have been filed requesting the court to 2,836
determine the extent to which it is required to comply with the 2,837
64
request for records. Upon the filing of the motion, the court 2,838
immediately shall hold a hearing on the motion, determine the 2,839
extent to which the movant is required to comply with the request 2,840
for records, and issue findings of fact and conclusions of law in 2,841
support of its determination. The determination of the court 2,842
shall be final. If the court determines that the movant is 2,843
required to comply with the request for records, it shall 2,844
identify the specific records that must be supplied to the 2,845
individual or entity that requested them. 2,846
(2) In addition to or in lieu of the motion described in 2,848
division (B)(1) of this section, a law enforcement agency or 2,849
prosecuting attorney that receives a request for a copy of 2,850
records pursuant to division (A) of this section may file a 2,851
motion for a protective order as described in this division with 2,852
the court in which the complaint as described in division (A) of 2,853
this section was filed or alleged to have been filed. Upon the 2,854
filing of such a motion, the court shall conduct a hearing on the 2,855
motion. If at the hearing the law enforcement agency or 2,856
prosecuting attorney demonstrates that any of the following 2,857
applies and if, after considering the purposes for which the 2,858
records were requested pursuant to division (A) of this section, 2,859
the best interest of the child, and any demonstrated need to 2,860
prevent specific information in the records from being disclosed, 2,861
the court determines that the issuance of a protective order is 2,862
necessary, then the court shall issue a protective order that 2,863
appropriately limits the disclosure of one or more specified 2,864
records or specified information in one or more specified 2,865
records: 2,866
(a) The records or information in the records relate to a 2,868
case in which the child is alleged to be a delinquent child or a 2,869
case in which a child is bound over TRANSFERRED for trial as an 2,870
adult pursuant to section 2151.26 2152.12 of the Revised Code and 2,872
Juvenile Rule 30, and the adjudication hearing in the case, the 2,874
trial in the case, or other disposition of the case has not been 2,875
65
concluded.
(b) The records in question, or the records containing the 2,877
information in question, are confidential law enforcement 2,878
investigatory records, as defined in section 149.43 of the 2,879
Revised Code. 2,880
(c) The records or information in the records relate to a 2,882
case in which the child is or was alleged to be a delinquent 2,883
child or to a case in which a child is or was bound over 2,884
TRANSFERRED for trial as an adult pursuant to section 2151.26 2,886
2152.12 of the Revised Code and Juvenile Rule 30; another case is 2,888
pending against any child or any adult in which the child is 2,889
alleged to be a delinquent child, the child is so bound over 2,890
TRANSFERRED for trial as an adult, or the adult is alleged to be 2,892
a criminal offender; the allegations in the case to which the 2,893
records or information relate and the allegations in the other 2,894
case are based on the same act or transaction, are based on two 2,895
or more connected transactions or constitute parts of a common 2,896
scheme or plan, or are part of a course of criminal conduct; and 2,897
the adjudication hearing in, trial in, or other disposition of 2,898
the other case has not been concluded. 2,899
(C) If an individual or entity is required to provide 2,901
copies of records pursuant to this section, the individual or 2,902
entity may charge a fee for the copies that does not exceed the 2,903
cost of supplying them. 2,904
(D) This section shall not be construed to require, 2,906
authorize, or permit, and does not require, authorize, or permit, 2,907
the dissemination of any records or any information contained in 2,908
any records if the dissemination of the records or information 2,909
generally is prohibited by any provision of the Revised Code and 2,910
a specific provision of the Revised Code does not specifically 2,911
authorize or permit the dissemination of the records or 2,912
information pursuant to this section. 2,913
Sec. 2151.18. (A) THE JUVENILE COURT SHALL MAINTAIN 2,915
RECORDS OF ALL OFFICIAL CASES BROUGHT BEFORE IT, INCLUDING, BUT 2,916
66
NOT LIMITED TO, AN APPEARANCE DOCKET, A JOURNAL, AND RECORDS OF 2,917
THE TYPE REQUIRED BY DIVISION (A)(2) OF SECTION 2151.35 OF THE 2,918
REVISED CODE.
(B) NOT LATER THAN JUNE OF EACH YEAR, THE COURT SHALL 2,920
PREPARE AN ANNUAL REPORT COVERING THE PRECEDING CALENDAR YEAR 2,921
SHOWING THE NUMBER AND KINDS OF CASES THAT HAVE COME BEFORE IT, 2,922
THE DISPOSITION OF THE CASES, AND ANY OTHER DATA PERTAINING TO 2,923
THE WORK OF THE COURT THAT THE JUVENILE JUDGE DIRECTS. THE COURT 2,925
SHALL FILE COPIES OF THE REPORT WITH THE BOARD OF COUNTY
COMMISSIONERS. WITH THE APPROVAL OF THE BOARD, THE COURT MAY 2,926
PRINT OR CAUSE TO BE PRINTED COPIES OF THE REPORT FOR 2,927
DISTRIBUTION TO PERSONS AND AGENCIES INTERESTED IN THE COURT OR 2,929
COMMUNITY PROGRAM FOR DEPENDENT, NEGLECTED, ABUSED, OR DELINQUENT 2,930
CHILDREN AND JUVENILE TRAFFIC OFFENDERS. THE COURT SHALL INCLUDE 2,931
THE NUMBER OF COPIES ORDERED PRINTED AND THE ESTIMATED COST OF
EACH PRINTED COPY ON EACH COPY OF THE REPORT PRINTED FOR 2,932
DISTRIBUTION. 2,933
Sec. 2151.211. No employer shall discharge or terminate 2,942
from employment, threaten to discharge or terminate from 2,943
employment, or otherwise punish or penalize any employee because 2,944
of time lost from regular employment as a result of the 2,945
employee's attendance at any proceeding in a delinquency case 2,946
pursuant to a subpoena UNDER THIS CHAPTER OR CHAPTER 2152. OF THE 2,948
REVISED CODE. This section generally does not require and shall 2,949
not be construed to require an employer to pay an employee for 2,950
time lost as a result of attendance at any proceeding in a 2,951
delinquency case UNDER EITHER CHAPTER. However, if an employee 2,952
is subpoenaed to appear at a proceeding in a delinquency case 2,953
UNDER EITHER CHAPTER and the proceeding pertains to an offense 2,955
against the employer or an offense involving the employee during 2,956
the course of his THE EMPLOYEE'S employment, the employer shall 2,958
not decrease or withhold the employee's pay for any time lost as 2,959
a result of compliance with the subpoena. Any employer who 2,960
knowingly violates this section is in contempt of court. 2,961
67
Sec. 2151.23. (A) The juvenile court has exclusive 2,971
original jurisdiction under the Revised Code as follows: 2,972
(1) Concerning any child who on or about the date 2,974
specified in the complaint, INDICTMENT, OR INFORMATION is alleged 2,976
to be a juvenile traffic offender or a delinquent, unruly, 2,979
abused, neglected, or dependent child and, based on and in 2,981
relation to the allegation pertaining to the child, concerning 2,982
the parent, guardian, or other person having care of a child who 2,983
is alleged to be an unruly or delinquent child for being an
habitual or chronic truant; 2,985
(2) Subject to division (V) of section 2301.03 of the 2,987
Revised Code, to determine the custody of any child not a ward of 2,988
another court of this state; 2,989
(3) To hear and determine any application for a writ of 2,991
habeas corpus involving the custody of a child; 2,992
(4) To exercise the powers and jurisdiction given the 2,994
probate division of the court of common pleas in Chapter 5122. of 2,996
the Revised Code, if the court has probable cause to believe that 2,997
a child otherwise within the jurisdiction of the court is a
mentally ill person subject to hospitalization by court order, as 2,998
defined in section 5122.01 of the Revised Code; 2,999
(5) To hear and determine all criminal cases charging 3,001
adults with the violation of any section of this chapter; 3,002
(6) To hear and determine all criminal cases in which an 3,004
adult is charged with a violation of division (C) of section 3,005
2919.21, division (B)(1) of section 2919.22, section 2919.222, 3,006
division (B) of section 2919.23, or section 2919.24 of the 3,008
Revised Code, provided the charge is not included in an 3,009
indictment that also charges the alleged adult offender with the 3,010
commission of a felony arising out of the same actions that are 3,011
the basis of the alleged violation of division (C) of section 3,012
2919.21, division (B)(1) of section 2919.22, section 2919.222, 3,013
division (B) of section 2919.23, or section 2919.24 of the 3,015
Revised Code;
68
(7) Under the interstate compact on juveniles in section 3,017
2151.56 of the Revised Code; 3,018
(8) Concerning any child who is to be taken into custody 3,020
pursuant to section 2151.31 of the Revised Code, upon being 3,021
notified of the intent to take the child into custody and the 3,022
reasons for taking the child into custody; 3,023
(9) To hear and determine requests for the extension of 3,025
temporary custody agreements, and requests for court approval of 3,026
permanent custody agreements, that are filed pursuant to section 3,027
5103.15 of the Revised Code; 3,028
(10) To hear and determine applications for consent to 3,030
marry pursuant to section 3101.04 of the Revised Code; 3,031
(11) Subject to division (V) of section 2301.03 of the 3,033
Revised Code, to hear and determine a request for an order for 3,034
the support of any child if the request is not ancillary to an 3,035
action for divorce, dissolution of marriage, annulment, or legal 3,036
separation, a criminal or civil action involving an allegation of 3,037
domestic violence, or an action for support brought under Chapter 3,038
3115. of the Revised Code; 3,039
(12) Concerning an action commenced under section 121.38 3,041
of the Revised Code; 3,042
; 3,044
(14)(13) To hear and determine violations of section 3,046
3321.38 of the Revised Code; 3,047
(15)(14) To exercise jurisdiction and authority over the 3,050
parent, guardian, or other person having care of a child alleged 3,051
to be a delinquent child, unruly child, or juvenile traffic 3,052
offender, based on and in relation to the allegation pertaining 3,053
to the child. 3,054
(B) Except as provided in division (I) of section 2301.03 3,056
of the Revised Code, the juvenile court has original jurisdiction 3,057
under the Revised Code: 3,058
(1) To hear and determine all cases of misdemeanors 3,060
charging adults with any act or omission with respect to any 3,061
69
child, which act or omission is a violation of any state law or 3,062
any municipal ordinance; 3,063
(2) To determine the paternity of any child alleged to 3,065
have been born out of wedlock pursuant to sections 3111.01 to 3,066
3111.19 of the Revised Code; 3,067
(3) Under the uniform interstate family support act in 3,070
Chapter 3115. of the Revised Code;
(4) To hear and determine an application for an order for 3,072
the support of any child, if the child is not a ward of another 3,073
court of this state; 3,074
(5) To hear and determine an action commenced under 3,076
section 5101.314 of the Revised Code. 3,077
(C) The juvenile court, except as to juvenile courts that 3,079
are a separate division of the court of common pleas or a 3,080
separate and independent juvenile court, has jurisdiction to 3,081
hear, determine, and make a record of any action for divorce or 3,082
legal separation that involves the custody or care of children 3,083
and that is filed in the court of common pleas and certified by 3,084
the court of common pleas with all the papers filed in the action 3,085
to the juvenile court for trial, provided that no certification 3,086
of that nature shall be made to any juvenile court unless the 3,088
consent of the juvenile judge first is obtained. After a 3,089
certification of that nature is made and consent is obtained, the 3,091
juvenile court shall proceed as if the action originally had been 3,092
begun in that court, except as to awards for spousal support or 3,093
support due and unpaid at the time of certification, over which 3,094
the juvenile court has no jurisdiction.
(D) The juvenile court, except as provided in division (I) 3,096
of section 2301.03 of the Revised Code, has jurisdiction to hear 3,097
and determine all matters as to custody and support of children 3,098
duly certified by the court of common pleas to the juvenile court 3,099
after a divorce decree has been granted, including jurisdiction 3,100
to modify the judgment and decree of the court of common pleas as 3,101
the same relate to the custody and support of children. 3,102
70
(E) The juvenile court, except as provided in division (I) 3,104
of section 2301.03 of the Revised Code, has jurisdiction to hear 3,105
and determine the case of any child certified to the court by any 3,106
court of competent jurisdiction if the child comes within the 3,107
jurisdiction of the juvenile court as defined by this section. 3,108
(F)(1) The juvenile court shall exercise its jurisdiction 3,110
in child custody matters in accordance with sections 3109.04, 3,111
3109.21 to 3109.36, and 5103.20 to 5103.28 of the Revised Code. 3,112
(2) The juvenile court shall exercise its jurisdiction in 3,114
child support matters in accordance with section 3109.05 of the 3,115
Revised Code. 3,116
(G)(1) Each order for child support made or modified by a 3,118
juvenile court shall include as part of the order a general 3,120
provision, as described in division (A)(1) of section 3113.21 of 3,121
the Revised Code, requiring the withholding or deduction of 3,122
income or assets of the obligor under the order as described in 3,124
division (D) of section 3113.21 of the Revised Code, or another 3,125
type of appropriate requirement as described in division (D)(3), 3,126
(D)(4), or (H) of that section, to ensure that withholding or 3,128
deduction from the income or assets of the obligor is available 3,130
from the commencement of the support order for collection of the 3,131
support and of any arrearages that occur; a statement requiring 3,132
all parties to the order to notify the child support enforcement 3,133
agency in writing of their current mailing address, current 3,134
residence address, current residence telephone number, and 3,135
current driver's license number, and any changes to that 3,136
information; and a notice that the requirement to notify the 3,137
child support enforcement agency of all changes to that
information continues until further notice from the court. Any 3,138
juvenile court that makes or modifies an order for child support 3,139
shall comply with sections 3113.21 to 3113.219 of the Revised 3,141
Code. If any person required to pay child support under an order 3,142
made by a juvenile court on or after April 15, 1985, or modified 3,143
on or after December 1, 1986, is found in contempt of court for 3,144
71
failure to make support payments under the order, the court that 3,145
makes the finding, in addition to any other penalty or remedy 3,146
imposed, shall assess all court costs arising out of the contempt 3,147
proceeding against the person and require the person to pay any 3,148
reasonable attorney's fees of any adverse party, as determined by 3,149
the court, that arose in relation to the act of contempt. 3,150
(2) Notwithstanding section 3109.01 of the Revised Code, 3,152
if a juvenile court issues a child support order under this 3,153
chapter, the order shall remain in effect beyond the child's 3,154
eighteenth birthday as long as the child continuously attends on 3,155
a full-time basis any recognized and accredited high school or 3,156
the order provides that the duty of support of the child 3,157
continues beyond the child's eighteenth birthday. Except in 3,158
cases in which the order provides that the duty of support 3,159
continues for any period after the child reaches nineteen years 3,160
of age the order shall not remain in effect after the child
reaches nineteen years of age. Any parent ordered to pay support 3,162
under a child support order issued under this chapter shall 3,163
continue to pay support under the order, including during 3,164
seasonal vacation periods, until the order terminates. 3,165
(H) If a child who is charged with an act that would be an 3,167
offense if committed by an adult was fourteen years of age or 3,168
older and under eighteen years of age at the time of the alleged 3,169
act and if the case is transferred for criminal prosecution 3,170
pursuant to section 2151.26 2152.12 of the Revised Code, the 3,172
juvenile court does not have jurisdiction to hear or determine 3,174
the case subsequent to the transfer. The court to which the case 3,175
is transferred for criminal prosecution pursuant to that section 3,176
has jurisdiction subsequent to the transfer to hear and determine 3,177
the case in the same manner as if the case originally had been 3,178
commenced in that court, including, but not limited to,
jurisdiction to accept a plea of guilty or another plea 3,179
authorized by Criminal Rule 11 or another section of the Revised 3,181
Code and jurisdiction to accept a verdict and to enter a judgment 3,182
72
of conviction pursuant to the Rules of Criminal Procedure against 3,183
the child for the commission of the offense that was the basis of 3,184
the transfer of the case for criminal prosecution, whether the 3,185
conviction is for the same degree or a lesser degree of the 3,186
offense charged, for the commission of a lesser-included offense, 3,187
or for the commission of another offense that is different from 3,188
the offense charged. 3,189
(I) If a person under eighteen years of age allegedly 3,192
commits an act that would be a felony if committed by an adult 3,193
and if the person is not taken into custody or apprehended for 3,194
that act until after the person attains twenty-one years of age, 3,195
the juvenile court does not have jurisdiction to hear or 3,196
determine any portion of the case charging the person with 3,197
committing that act. In those circumstances, divisions (A) AND 3,198
(B) and (C) of section 2151.26 2152.12 of the Revised Code do not 3,201
apply regarding the act, AND the case charging the person with 3,202
committing the act shall be a criminal prosecution commenced and 3,203
heard in the appropriate court having jurisdiction of the offense 3,204
as if the person had been eighteen years of age or older when the
person committed the act, all. ALL proceedings pertaining to the 3,206
act shall be within the jurisdiction of the court having 3,207
jurisdiction of the offense, and the THAT court having 3,209
jurisdiction of the offense has all the authority and duties in 3,211
the case as THAT it has in other criminal cases commenced in that 3,212
court.
Sec. 2151.24. The (A) EXCEPT AS PROVIDED IN DIVISION (B) 3,222
OF THIS SECTION, THE board of county commissioners shall provide 3,223
a special room not used for the trial of criminal or adult cases, 3,224
when available, for the hearing of the cases of dependent, 3,225
neglected, abused, and delinquent children.
(B) DIVISION (A) OF THIS SECTION DOES NOT APPLY TO THE 3,227
CASE OF AN ALLEGED DELINQUENT CHILD WHEN THE CASE IS ONE IN WHICH 3,228
THE PROSECUTING ATTORNEY SEEKS A SERIOUS YOUTHFUL OFFENDER 3,229
DISPOSITION UNDER SECTION 2152.13 OF THE REVISED CODE. 3,230
73
Sec. 2151.27. (A)(1) Subject to division (A)(2) of this 3,240
section, any person having knowledge of a child who appears to be 3,241
a juvenile traffic offender or to be a delinquent, AN unruly, 3,242
abused, neglected, or dependent child may file a sworn complaint 3,243
with respect to that child in the juvenile court of the county in 3,244
which the child has a residence or legal settlement or in which 3,245
the traffic offense, delinquency, unruliness, abuse, neglect, or 3,246
dependency allegedly occurred. If an alleged abused, neglected, 3,247
or dependent child is taken into custody pursuant to division (D) 3,248
of section 2151.31 of the Revised Code or is taken into custody 3,249
pursuant to division (A) of section 2151.31 of the Revised Code 3,250
without the filing of a complaint and placed into shelter care 3,251
pursuant to division (C) of that section, a sworn complaint shall 3,252
be filed with respect to the child before the end of the next day 3,254
after the day on which the child was taken into custody. The 3,255
sworn complaint may be upon information and belief, and, in 3,256
addition to the allegation that the child is a delinquent, AN 3,257
unruly, abused, neglected, or dependent child or a juvenile
traffic offender, the complaint shall allege the particular facts 3,258
upon which the allegation that the child is a delinquent, AN 3,259
unruly, abused, neglected, or dependent child or a juvenile 3,261
traffic offender is based. 3,262
(2) Any person having knowledge of a child who appears to 3,264
be an unruly or delinquent child for being an habitual or chronic 3,265
truant may file a sworn complaint with respect to that child and 3,268
the parent, guardian, or other person having care of the child in 3,269
the juvenile court of the county in which the child has a 3,270
residence or legal settlement or in which the child is supposed 3,271
to attend public school. The sworn complaint may be upon 3,272
information and belief and shall contain the following 3,273
allegations:
(a) That the child is an unruly child for being an 3,275
habitual truant or the child is a delinquent child for being a 3,276
chronic truant or an habitual truant who previously has been 3,278
74
adjudicated an unruly child for being an habitual truant and, in 3,279
addition, the particular facts upon which that allegation is 3,280
based;
(b) That the parent, guardian, or other person having care 3,282
of the child has failed to cause the child's attendance at school 3,283
in violation of section 3321.38 of the Revised Code and, in 3,284
addition, the particular facts upon which that allegation is 3,285
based.
(B) If a child, before arriving at the age of eighteen 3,287
years, allegedly commits an act for which the child may be 3,288
adjudicated a delinquent child, an unruly child, or a juvenile 3,289
traffic offender and if the specific complaint alleging the act 3,290
is not filed or a hearing on that specific complaint is not held 3,291
until after the child arrives at the age of eighteen years, the 3,292
court has jurisdiction to hear and dispose of the complaint as if 3,293
the complaint were filed and the hearing held before the child 3,294
arrived at the age of eighteen years. 3,295
(C) If the complainant in a case in which a child is 3,297
alleged to be an abused, neglected, or dependent child desires 3,298
permanent custody of the child or children, temporary custody of 3,299
the child or children, whether as the preferred or an alternative 3,300
disposition, or the placement of the child in a planned permanent 3,301
living arrangement, the complaint shall contain a prayer 3,302
specifically requesting permanent custody, temporary custody, or 3,303
the placement of the child in a planned permanent living 3,304
arrangement. 3,305
(D) For purposes of the record to be maintained by the 3,307
clerk under division (B) of section 2151.18 of the Revised Code, 3,308
when a complaint is filed that alleges that a child is a 3,309
delinquent child, the court shall determine if the victim of the 3,310
alleged delinquent act was sixty-five years of age or older or 3,311
permanently and totally disabled at the time of the alleged 3,312
commission of the act. 3,313
(E) Any person with standing under applicable law may file 3,315
75
a complaint for the determination of any other matter over which 3,316
the juvenile court is given jurisdiction by section 2151.23 of 3,317
the Revised Code. The complaint shall be filed in the county in 3,318
which the child who is the subject of the complaint is found or 3,319
was last known to be found. 3,320
(F) Within ten days after the filing of a complaint, the 3,322
court shall give written notice of the filing of the complaint 3,323
and of the substance of the complaint to the superintendent of a 3,324
city, local, exempted village, or joint vocational school 3,325
district if the complaint alleges that a child committed an act 3,326
that would be a criminal offense if committed by an adult, that 3,328
the child was sixteen years of age or older at the time of the 3,329
commission of the alleged act, and that the alleged act is any of 3,330
the following:
(1) A violation of section 2923.122 of the Revised Code 3,332
that relates to property owned or controlled by, or to an 3,333
activity held under the auspices of, the board of education of 3,334
that school district; 3,335
(2) A violation of section 2923.12 of the Revised Code, of 3,337
a substantially similar municipal ordinance, or of section 3,338
2925.03 of the Revised Code that was committed on property owned 3,339
or controlled by, or at an activity held under the auspices of, 3,340
the board of education of that school district; 3,341
(3) A violation of section 2925.11 of the Revised Code 3,343
that was committed on property owned or controlled by, or at an 3,345
activity held under the auspices of, the board of education of 3,346
that school district, other than a violation of that section that 3,347
would be a minor drug possession offense, as defined in section
2925.01 of the Revised Code, if committed by an adult; 3,348
(4) A violation of section 2903.01, 2903.02, 2903.03, 3,350
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised 3,352
Code, or a violation of former section 2907.12 of the Revised
Code, that was committed on property owned or controlled by, or 3,354
at an activity held under the auspices of, the board of education 3,355
76
of that school district, if the victim at the time of the 3,356
commission of the alleged act was an employee of the board of
education of that school district. 3,357
(5) Complicity in any violation described in division 3,359
(F)(1), (2), (3), or (4) of this section that was alleged to have 3,360
been committed in the manner described in division (F)(1), (2), 3,361
(3), or (4) of this section, regardless of whether the act of 3,362
complicity was committed on property owned or controlled by, or 3,363
at an activity held under the auspices of, the board of education 3,364
of that school district. 3,365
(G)(E) A public children services agency, acting pursuant 3,367
to a complaint or an action on a complaint filed under this 3,369
section, is not subject to the requirements of section 3109.27 of 3,370
the Revised Code.
Sec. 2151.271. If EXCEPT IN A CASE IN WHICH THE CHILD IS 3,379
ALLEGED TO BE A SERIOUS YOUTHFUL OFFENDER UNDER SECTION 2152.13 3,380
OF THE REVISED CODE, IF the child resides in a county of the 3,381
state and the proceeding is commenced in a juvenile court of 3,382
another county, that court, on its own motion or a motion of a 3,383
party, may transfer the proceeding to the county of the child's 3,384
residence upon the filing of the complaint or after the 3,385
adjudicatory, or dispositional hearing, for such further 3,386
proceeding as required. The court of the child's residence shall 3,387
then proceed as if the original complaint had been filed in that 3,389
court. Transfer may also be made if the residence of the child 3,390
changes. The proceeding shall be so transferred if other 3,391
proceedings involving the child are pending in the juvenile court
of the county of his THE CHILD'S residence. 3,392
Whenever a case is transferred to the county of the child's 3,394
residence and it appears to the court of that county that the 3,395
interests of justice and the convenience of the parties requires 3,396
that the adjudicatory hearing be had in the county wherein IN 3,397
WHICH the complaint was filed, the court may return the 3,398
proceeding to the county wherein IN WHICH the complaint was filed 3,400
77
for the purpose of such THE adjudicatory hearing. The court may 3,401
thereafter proceed as to the transfer to the county of the 3,403
child's legal residence as provided in this section. 3,404
Certified copies of all legal and social records pertaining 3,406
to the case shall accompany the transfer. 3,407
Sec. 2151.28. (A) No later than seventy-two hours after 3,416
the complaint is filed, the court shall fix a time for an 3,418
adjudicatory hearing. The court shall conduct the adjudicatory 3,419
hearing within one of the following periods of time: 3,420
(1) If SUBJECT TO DIVISION (D) OF SECTION 2152.13 OF THE 3,422
REVISED CODE, IF the complaint alleged that the child is a 3,423
delinquent or unruly child or a juvenile traffic offender, the 3,424
adjudicatory hearing shall be held and may be continued in 3,425
accordance with the Juvenile Rules. 3,426
(2) If the complaint alleged that the child is an abused, 3,428
neglected, or dependent child, the adjudicatory hearing shall be 3,429
held no later than thirty days after the complaint is filed, 3,430
except that, for good cause shown, the court may continue the 3,431
adjudicatory hearing for either of the following periods of time: 3,432
(a) For ten days beyond the thirty-day deadline to allow 3,434
any party to obtain counsel; 3,435
(b) For a reasonable period of time beyond the thirty-day 3,437
deadline to obtain service on all parties or any necessary 3,438
evaluation, except that the adjudicatory hearing shall not be 3,439
held later than sixty days after the date on which the complaint 3,440
was filed. 3,441
(B) At an adjudicatory hearing held pursuant to division 3,443
(A)(2) of this section, the court, in addition to determining 3,444
whether the child is an abused, neglected, or dependent child, 3,445
shall determine whether the child should remain or be placed in 3,446
shelter care until the dispositional hearing. When the court 3,447
makes the shelter care determination, all of the following apply: 3,448
(1) The court shall determine whether there are any 3,450
relatives of the child who are willing to be temporary custodians 3,451
78
of the child. If any relative is willing to be a temporary 3,452
custodian, the child otherwise would remain or be placed in 3,453
shelter care, and the appointment is appropriate, the court shall 3,454
appoint the relative as temporary custodian of the child, unless 3,455
the court appoints another relative as custodian. If it 3,456
determines that the appointment of a relative as custodian would 3,457
not be appropriate, it shall issue a written opinion setting 3,458
forth the reasons for its determination and give a copy of the 3,459
opinion to all parties and the guardian ad litem of the child. 3,460
The court's consideration of a relative for appointment as 3,462
a temporary custodian does not make that relative a party to the 3,463
proceedings. 3,464
(2) The court shall comply with section 2151.419 of the 3,467
Revised Code.
(3) The court shall schedule the date for the 3,469
dispositional hearing to be held pursuant to section 2151.35 of 3,470
the Revised Code. The parents of the child have a right to be 3,471
represented by counsel; however, in no case shall the 3,472
dispositional hearing be held later than ninety days after the 3,473
date on which the complaint was filed. 3,474
(C) The court shall direct the issuance of a summons 3,476
directed to the child except as provided by this section, the 3,477
parents, guardian, custodian, or other person with whom the child 3,478
may be, and any other persons that appear to the court to be 3,479
proper or necessary parties to the proceedings, requiring them to 3,480
appear before the court at the time fixed to answer the 3,481
allegations of the complaint. The summons shall contain the name 3,482
and telephone number of the court employee designated by the 3,483
court pursuant to section 2151.314 of the Revised Code to arrange 3,484
for the prompt appointment of counsel for indigent persons. A 3,485
child alleged to be an abused, neglected, or dependent child 3,486
shall not be summoned unless the court so directs. A summons 3,487
issued for a child who is under fourteen years of age and who is 3,488
alleged to be a delinquent child, unruly child, or a juvenile 3,489
79
traffic offender shall be served on the parent, guardian, or 3,490
custodian of the child in the child's behalf. 3,491
If the person who has physical custody of the child, or 3,493
with whom the child resides, is other than the parent or 3,494
guardian, then the parents and guardian also shall be summoned. 3,495
A copy of the complaint shall accompany the summons. 3,496
(D) If the complaint contains a prayer for permanent 3,498
custody, temporary custody, whether as the preferred or an 3,499
alternative disposition, or a planned permanent living 3,501
arrangement in a case involving an alleged abused, neglected, or 3,502
dependent child, the summons served on the parents shall contain 3,503
as is appropriate an explanation that the granting of permanent 3,504
custody permanently divests the parents of their parental rights 3,505
and privileges, an explanation that an adjudication that the 3,506
child is an abused, neglected, or dependent child may result in 3,507
an order of temporary custody that will cause the removal of the 3,508
child from their legal custody until the court terminates the 3,509
order of temporary custody or permanently divests the parents of 3,510
their parental rights, or an explanation that the issuance of an 3,511
order for a planned permanent living arrangement will cause the 3,512
removal of the child from the legal custody of the parents if any 3,514
of the conditions listed in divisions (A)(5)(a) to (c) of section 3,515
2151.353 of the Revised Code are found to exist. 3,516
(E)(1) Except as otherwise provided in division (E)(2) of 3,519
this section, the court may endorse upon the summons an order 3,520
directing the parents, guardian, or other person with whom the
child may be to appear personally at the hearing and directing 3,521
the person having the physical custody or control of the child to 3,522
bring the child to the hearing. 3,523
(2) In cases in which the complaint alleges that a child 3,525
is an unruly or delinquent child for being an habitual or chronic 3,526
truant and that the parent, guardian, or other person having care 3,527
of the child has failed to cause the child's attendance at 3,528
school, the court shall endorse upon the summons an order 3,529
80
directing the parent, guardian, or other person having care of 3,530
the child to appear personally at the hearing and directing the 3,531
person having the physical custody or control of the child to 3,532
bring the child to the hearing.
(F)(1) The summons shall contain a statement advising that 3,534
any party is entitled to counsel in the proceedings and that the 3,536
court will appoint counsel or designate a county public defender 3,537
or joint county public defender to provide legal representation 3,538
if the party is indigent.
(2) In cases in which the complaint alleges a child to be 3,540
an abused, neglected, or dependent child and no hearing has been 3,541
conducted pursuant to division (A) of section 2151.314 of the 3,542
Revised Code with respect to the child or a parent, guardian, or 3,543
custodian of the child does not attend the hearing, the summons 3,544
also shall contain a statement advising that a case plan may be 3,545
prepared for the child, the general requirements usually
contained in case plans, and the possible consequences of failure 3,546
to comply with a journalized case plan. 3,547
(G) If it appears from an affidavit filed or from sworn 3,549
testimony before the court that the conduct, condition, or 3,550
surroundings of the child are endangering the child's health or 3,552
welfare or those of others, that the child may abscond or be
removed from the jurisdiction of the court, or that the child 3,553
will not be brought to the court, notwithstanding the service of 3,555
the summons, the court may endorse upon the summons an order that 3,556
a law enforcement officer serve the summons and take the child 3,557
into immediate custody and bring the child forthwith to the 3,558
court.
(H) A party, other than the child, may waive service of 3,560
summons by written stipulation. 3,561
(I) Before any temporary commitment is made permanent, the 3,563
court shall fix a time for hearing in accordance with section 3,564
2151.414 of the Revised Code and shall cause notice by summons to 3,565
be served upon the parent or guardian of the child and the 3,566
81
guardian ad litem of the child, or published, as provided in 3,567
section 2151.29 of the Revised Code. The summons shall contain 3,568
an explanation that the granting of permanent custody permanently 3,569
divests the parents of their parental rights and privileges. 3,570
(J) Any person whose presence is considered necessary and 3,572
who is not summoned may be subpoenaed to appear and testify at 3,573
the hearing. Anyone summoned or subpoenaed to appear who fails 3,575
to do so may be punished, as in other cases in the court of 3,576
common pleas, for contempt of court. Persons subpoenaed shall be 3,577
paid the same witness fees as are allowed in the court of common 3,578
pleas. 3,579
(K) The failure of the court to hold an adjudicatory 3,581
hearing within any time period set forth in division (A)(2) of 3,582
this section does not affect the ability of the court to issue 3,583
any order under this chapter and does not provide any basis for 3,584
attacking the jurisdiction of the court or the validity of any 3,585
order of the court. 3,586
(L) If the court, at an adjudicatory hearing held pursuant 3,588
to division (A) of this section upon a complaint alleging that a 3,589
child is an abused, neglected, dependent, delinquent, or unruly 3,590
child or a juvenile traffic offender, determines that the child 3,591
is a dependent child, the court shall incorporate that 3,592
determination into written findings of fact and conclusions of 3,593
law and enter those findings of fact and conclusions of law in
the record of the case. The court shall include in those 3,595
findings of fact and conclusions of law specific findings as to
the existence of any danger to the child and any underlying 3,596
family problems that are the basis for the court's determination 3,597
that the child is a dependent child. 3,598
Sec. 2151.29. Service of summons, notices, and subpoenas, 3,607
prescribed by section 2151.28 of the Revised Code, shall be made 3,608
by delivering a copy to the person summoned, notified, or 3,609
subpoenaed, or by leaving a copy at his THE PERSON'S usual place 3,610
of residence. If the juvenile judge is satisfied that such 3,612
82
service is impracticable, he THE JUVENILE JUDGE may order service 3,613
by registered or certified mail. If the person to be served is 3,615
without the state but he THE PERSON can be found or his THE 3,617
PERSON'S address is known, or his THE PERSON'S whereabouts or 3,618
address can with reasonable diligence be ascertained, service of 3,619
the summons may be made by delivering a copy to him THE PERSON 3,620
personally or mailing a copy to him THE PERSON by registered or 3,622
certified mail. 3,623
Whenever it appears by affidavit that after reasonable 3,625
effort the person to be served with summons cannot be found or 3,626
his THE PERSON'S post-office address ascertained, whether he THE 3,628
PERSON is within or without a state, the clerk shall publish such 3,629
summons once in a newspaper of general circulation throughout the 3,630
county. The summons shall state the substance and the time and 3,631
place of the hearing, which shall be held at least one week later 3,632
than the date of the publication. A copy of the summons and the 3,633
complaint, INDICTMENT, OR INFORMATION shall be sent by registered 3,634
or certified mail to the last known address of the person 3,637
summoned unless it is shown by affidavit that a reasonable effort 3,638
has been made, without success, to obtain such address. 3,639
A copy of the advertisement, THE summons, and THE 3,642
complaint, INDICTMENT, OR INFORMATION, accompanied by the 3,644
certificate of the clerk that such publication has been made and 3,645
that such THE summons and THE complaint, INDICTMENT, OR 3,646
INFORMATION have been mailed as required by this section, is 3,648
sufficient evidence of publication and mailing. When a period of 3,649
one week from the time of publication has elapsed, the juvenile 3,650
court shall have full jurisdiction to deal with such child as 3,651
provided by sections 2151.01 to 2151.99, inclusive, of the 3,652
Revised Code.
Sec. 2151.31. (A) A child may be taken into custody in 3,665
any of the following ways: 3,666
(1) Pursuant to an order of the court under this chapter 3,668
or pursuant to an order of the court upon a motion filed pursuant 3,669
83
to division (B) of section 2930.05 of the Revised Code; 3,670
(2) Pursuant to the laws of arrest; 3,672
(3) By a law enforcement officer or duly authorized 3,674
officer of the court when any of the following conditions are 3,675
present: 3,676
(a) There are reasonable grounds to believe that the child 3,678
is suffering from illness or injury and is not receiving proper 3,679
care, as described in section 2151.03 of the Revised Code, and 3,680
the child's removal is necessary to prevent immediate or 3,681
threatened physical or emotional harm; 3,683
(b) There are reasonable grounds to believe that the child 3,685
is in immediate danger from the child's surroundings and that the 3,687
child's removal is necessary to prevent immediate or threatened 3,688
physical or emotional harm; 3,689
(c) There are reasonable grounds to believe that a parent, 3,691
guardian, custodian, or other household member of the child's 3,692
household has abused or neglected another child in the household 3,693
and to believe that the child is in danger of immediate or 3,694
threatened physical or emotional harm from that person. 3,695
(4) By an enforcement official, as defined in section 3,697
4109.01 of the Revised Code, under the circumstances set forth in 3,698
section 4109.08 of the Revised Code; 3,699
(5) By a law enforcement officer or duly authorized 3,701
officer of the court when there are reasonable grounds to believe 3,702
that the child has run away from the child's parents, guardian, 3,704
or other custodian; 3,705
(6) By a law enforcement officer or duly authorized 3,707
officer of the court when any of the following apply: 3,708
(a) There are reasonable grounds to believe that the 3,710
conduct, conditions, or surroundings of the child are endangering 3,711
the health, welfare, or safety of the child. 3,712
(b) A complaint has been filed with respect to the child 3,714
under section 2151.27 OR 2152.021 of the Revised Code OR THE 3,716
CHILD HAS BEEN INDICTED UNDER DIVISION (A) OF SECTION 2152.13 OF 3,717
84
THE REVISED CODE OR CHARGED BY INFORMATION AS DESCRIBED IN THAT
SECTION and there are reasonable grounds to believe that the 3,718
child may abscond or be removed from the jurisdiction of the 3,719
court.
(c) The child is required to appear in court and there are 3,721
reasonable grounds to believe that the child will not be brought 3,722
before the court when required. 3,723
(d) THERE ARE REASONABLE GROUNDS TO BELIEVE THAT THE CHILD 3,725
COMMITTED A DELINQUENT ACT AND THAT TAKING THE CHILD INTO CUSTODY 3,726
IS NECESSARY TO PROTECT THE PUBLIC INTEREST AND SAFETY. 3,727
(B)(1) The taking of a child into custody is not and shall 3,729
not be deemed an arrest except for the purpose of determining its 3,730
validity under the constitution of this state or of the United 3,731
States. 3,732
(2) Except as provided in division (C) of section 2151.311 3,734
of the Revised Code, a child taken into custody shall not be held 3,735
in any state correctional institution, county, multicounty, or 3,737
municipal jail or workhouse, or any other place where any adult 3,738
convicted of crime, under arrest, or charged with crime is held. 3,739
(C) A (1) EXCEPT AS PROVIDED IN DIVISION (C)(2) OF THIS 3,742
SECTION, A child taken into custody shall not be confined in a
place of juvenile detention or placed in shelter care prior to 3,743
the implementation of the court's final order of disposition, 3,744
unless detention or shelter care is required to protect the child 3,746
from immediate or threatened physical or emotional harm, because 3,747
the child may abscond or be removed from the jurisdiction of the 3,748
court, because the child has no parents, guardian, or custodian 3,749
or other person able to provide supervision and care for the 3,750
child and return the child to the court when required, or because 3,751
an order for placement of the child in detention or shelter care 3,752
has been made by the court pursuant to this chapter. 3,753
(2) A CHILD ALLEGED TO BE A DELINQUENT CHILD WHO IS TAKEN 3,755
INTO CUSTODY MAY BE CONFINED IN A PLACE OF JUVENILE DETENTION 3,756
PRIOR TO THE IMPLEMENTATION OF THE COURT'S FINAL ORDER OF 3,757
85
DISPOSITION IF THE CONFINEMENT IS AUTHORIZED UNDER SECTION 3,758
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 3,759
CODE AND IS NOT RELEASED ON BOND. 3,760
(D) Upon receipt of notice from a person that the person 3,762
intends to take an alleged abused, neglected, or dependent child 3,763
into custody pursuant to division (A)(3) of this section, a 3,764
juvenile judge or a designated referee may grant by telephone an 3,765
ex parte emergency order authorizing the taking of the child into 3,766
custody if there is probable cause to believe that any of the 3,767
conditions set forth in divisions (A)(3)(a) to (c) of this 3,768
section are present. The judge or referee shall journalize any 3,769
ex parte emergency order issued pursuant to this division. If an 3,770
order is issued pursuant to this division and the child is taken 3,771
into custody pursuant to the order, a sworn complaint shall be 3,772
filed with respect to the child before the end of the next 3,773
business day after the day on which the child is taken into 3,774
custody and a hearing shall be held pursuant to division (E) of 3,775
this section and the Juvenile Rules. A juvenile judge or referee 3,776
shall not grant an emergency order by telephone pursuant to this 3,777
division until after the judge or referee determines that 3,778
reasonable efforts have been made to notify the parents, 3,780
guardian, or custodian of the child that the child may be placed 3,781
into shelter care and of the reasons for placing the child into 3,782
shelter care, except that, if the requirement for notification 3,783
would jeopardize the physical or emotional safety of the child or 3,784
result in the child being removed from the court's jurisdiction, 3,785
the judge or referee may issue the order for taking the child 3,786
into custody and placing the child into shelter care prior to 3,787
giving notice to the parents, guardian, or custodian of the 3,788
child.
(E) If a judge or referee pursuant to division (D) of this 3,790
section issues an ex parte emergency order for taking a child 3,791
into custody, the court shall hold a hearing to determine whether 3,792
86
there is probable cause for the emergency order. The hearing 3,793
shall be held before the end of the next business day after the 3,794
day on which the emergency order is issued, except that it shall 3,795
not be held later than seventy-two hours after the emergency 3,796
order is issued. 3,797
If the court determines at the hearing that there is not 3,799
probable cause for the issuance of the emergency order issued 3,800
pursuant to division (D) of this section, it shall order the 3,801
child released to the custody of the child's parents, guardian, 3,803
or custodian. If the court determines at the hearing that there 3,804
is probable cause for the issuance of the emergency order issued 3,805
pursuant to division (D) of this section, the court shall do all 3,807
of the following: 3,808
(1) Ensure that a complaint is filed or has been filed; 3,810
(2) Comply with section 2151.419 of the Revised Code; 3,812
(3) Hold a hearing pursuant to section 2151.314 of the 3,814
Revised Code to determine if the child should remain in shelter 3,815
care. 3,816
(F) If the court determines at the hearing held pursuant 3,818
to division (E) of this section that there is probable cause to 3,819
believe that the child is an abused child, as defined in division 3,820
(A) of section 2151.031 of the Revised Code, the court may do any 3,821
of the following: 3,822
(1) Upon the motion of any party, the guardian ad litem, 3,824
the prosecuting attorney, or an employee of the public children 3,825
services agency, or its own motion, issue reasonable protective 3,829
orders with respect to the interviewing or deposition of the 3,830
child;
(2) Order that the child's testimony be videotaped for 3,832
preservation of the testimony for possible use in any other 3,833
proceedings in the case; 3,834
(3) Set any additional conditions with respect to the 3,836
child or the case involving the child that are in the best 3,837
interest of the child. 3,838
87
(G) This section is not intended, and shall not be 3,840
construed, to prevent any person from taking a child into 3,841
custody, if taking the child into custody is necessary in an 3,842
emergency to prevent the physical injury, emotional harm, or 3,843
neglect of the child. 3,844
Sec. 2151.311. (A) A person taking a child into custody 3,853
shall, with all reasonable speed and in accordance with division 3,854
(C) of this section, either: 3,855
(1) Release the child to the child's parents, guardian, or 3,857
other custodian, unless the child's detention or shelter care 3,858
appears to be warranted or required as provided in section 3,860
2151.31 of the Revised Code; 3,861
(2) Bring the child to the court or deliver the child to a 3,863
place of detention or shelter care designated by the court and 3,864
promptly give notice thereof, together with a statement of the 3,865
reason for taking the child into custody, to a parent, guardian, 3,866
or other custodian and to the court. 3,867
(B) If a parent, guardian, or other custodian fails, when 3,869
requested by the court, to bring the child before the court as 3,870
provided by this section, the court may issue its warrant 3,871
directing that the child be taken into custody and brought before 3,872
the court. 3,873
(C)(1) Before taking any action required by division (A) 3,875
of this section, a person taking a child into custody may hold 3,876
the child for processing purposes in a county, multicounty, or 3,877
municipal jail or workhouse, or other place where an adult 3,878
convicted of crime, under arrest, or charged with crime is held 3,879
for either of the following periods of time: 3,880
(a) For a period not to exceed six hours, if all of the 3,882
following apply: 3,883
(i) The child is alleged to be a delinquent child for the 3,885
commission of an act that would be a felony if committed by an 3,886
adult; 3,887
(ii) The child remains beyond the range of touch of all 3,890
88
adult detainees;
(iii) The child is visually supervised by jail or 3,892
workhouse personnel at all times during the detention; 3,893
(iv) The child is not handcuffed or otherwise physically 3,895
secured to a stationary object during the detention. 3,896
(b) For a period not to exceed three hours, if all of the 3,898
following apply: 3,899
(i) The child is alleged to be a delinquent child for the 3,901
commission of an act that would be a misdemeanor if committed by 3,902
an adult, is alleged to be a delinquent child for being a chronic 3,903
truant or an habitual truant who previously has been adjudicated 3,904
an unruly child for being an habitual truant, or is alleged to be 3,905
an unruly child or a juvenile traffic offender; 3,906
(ii) The child remains beyond the range of touch of all 3,909
adult detainees;
(iii) The child is visually supervised by jail or 3,911
workhouse personnel at all times during the detention; 3,912
(iv) The child is not handcuffed or otherwise physically 3,914
secured to a stationary object during the detention. 3,915
(2) If a child has been transferred to an adult court for 3,917
prosecution for the alleged commission of a criminal offense, 3,918
subsequent to the transfer, the child may be held as described in 3,919
division (F) of section 2151.312 2152.26 or division (B) of 3,920
section 5120.16 of the Revised Code. 3,922
(D) As used in division (C)(1) of this section, 3,924
"processing purposes" means all of the following: 3,925
(1) Fingerprinting, photographing, or fingerprinting and 3,927
photographing the child in a secure area of the facility; 3,928
(2) Interrogating the child, contacting the child's parent 3,930
or guardian, arranging for placement of the child, or arranging 3,931
for transfer or transferring the child, while holding the child 3,932
in a nonsecure area of the facility. 3,933
Sec. 2151.312. (A) A CHILD ALLEGED TO BE OR ADJUDICATED 3,935
AN UNRULY CHILD MAY BE HELD ONLY IN THE FOLLOWING PLACES: 3,937
89
(1) A CERTIFIED FAMILY FOSTER HOME OR A HOME APPROVED BY 3,939
THE COURT; 3,940
(2) A FACILITY OPERATED BY A CERTIFIED CHILD WELFARE 3,942
AGENCY;
(3) ANY OTHER SUITABLE PLACE DESIGNATED BY THE COURT. 3,944
(B)(1) EXCEPT AS PROVIDED UNDER DIVISION (C)(1) OF SECTION 3,947
2151.311 OF THE REVISED CODE, A CHILD ALLEGED TO BE OR 3,949
ADJUDICATED A NEGLECTED CHILD, AN ABUSED CHILD, A DEPENDENT 3,950
CHILD, OR AN UNRULY CHILD MAY NOT BE HELD IN ANY OF THE FOLLOWING 3,951
FACILITIES:
(a) A STATE CORRECTIONAL INSTITUTION, COUNTY, MULTICOUNTY, 3,953
OR MUNICIPAL JAIL OR WORKHOUSE, OR OTHER PLACE IN WHICH AN ADULT 3,954
CONVICTED OF A CRIME, UNDER ARREST, OR CHARGED WITH A CRIME IS 3,955
HELD;
(b) A SECURE CORRECTIONAL FACILITY. 3,957
(2) EXCEPT AS PROVIDED UNDER SECTIONS 2151.26 TO 2151.61 3,959
OF THE REVISED CODE AND DIVISION (B)(3) OF THIS SECTION, A CHILD 3,960
ALLEGED TO BE OR ADJUDICATED AN UNRULY CHILD MAY NOT BE HELD FOR 3,961
MORE THAN TWENTY-FOUR HOURS IN A DETENTION FACILITY. A CHILD 3,962
ALLEGED TO BE OR ADJUDICATED A NEGLECTED CHILD, AN ABUSED CHILD, 3,963
OR A DEPENDENT CHILD SHALL NOT BE HELD IN A DETENTION FACILITY. 3,964
(3) A CHILD WHO IS ALLEGED TO BE OR ADJUDICATED AN UNRULY 3,966
CHILD AND WHO IS TAKEN INTO CUSTODY ON A SATURDAY, SUNDAY, OR 3,968
LEGAL HOLIDAY, AS LISTED IN SECTION 1.14 OF THE REVISED CODE, MAY 3,969
BE HELD IN A DETENTION FACILITY UNTIL THE NEXT SUCCEEDING DAY 3,970
THAT IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY. 3,971
Sec. 2151.313. (A)(1) Except as provided in division 3,980
(A)(2) of this section and in sections 109.57, 109.60, and 109.61 3,982
of the Revised Code, no child shall be fingerprinted or 3,983
photographed in the investigation of any violation of law without 3,984
the consent of the juvenile judge. 3,985
(2) Subject to division (A)(3) of this section, a law 3,988
enforcement officer may fingerprint and photograph a child 3,989
without the consent of the juvenile judge when the child is 3,990
90
arrested or otherwise taken into custody for the commission of an 3,991
act that would be an offense, other than a traffic offense or a 3,992
minor misdemeanor, if committed by an adult, and there is 3,993
probable cause to believe that the child may have been involved 3,994
in the commission of the act. A law enforcement officer who 3,995
takes fingerprints or photographs of a child under division 3,996
(A)(2) of this section immediately shall inform the juvenile 3,997
court that the fingerprints or photographs were taken and shall 3,998
provide the court with the identity of the child, the number of 3,999
fingerprints and photographs taken, and the name and address of 4,000
each person who has custody and control of the fingerprints or 4,001
photographs or copies of the fingerprints or photographs. 4,002
(3) This section does not apply to a child to whom either 4,005
of the following applies:
(a) The child has been arrested or otherwise taken into 4,008
custody for committing, or has been adjudicated a delinquent 4,009
child for committing, an act that would be a felony if committed 4,010
by an adult or has been convicted of or pleaded guilty to 4,011
committing a felony. 4,012
(b) There is probable cause to believe that the child may 4,015
have committed an act that would be a felony if committed by an 4,016
adult.
(B)(1) Subject to divisions (B)(4), (5), and (6) of this 4,018
section, all fingerprints and photographs of a child obtained or 4,019
taken under division (A)(1) or (2) of this section, and any 4,020
records of the arrest or custody of the child that was the basis 4,021
for the taking of the fingerprints or photographs, initially may 4,022
be retained only until the expiration of thirty days after the 4,023
date taken, except that the court may limit the initial retention 4,024
of fingerprints and photographs of a child obtained under 4,025
division (A)(1) of this section to a shorter period of time and 4,026
except that, if the child is adjudicated a delinquent child for 4,027
the commission of an act described in division (B)(3) of this 4,028
section or is convicted of or pleads guilty to a criminal offense 4,029
91
for the commission of an act described in division (B)(3) of this 4,030
section, the fingerprints and photographs, and the records of the 4,031
arrest or custody of the child that was the basis for the taking 4,032
of the fingerprints and photographs, shall be retained in 4,033
accordance with division (B)(3) of this section. During the 4,034
initial period of retention, the fingerprints and photographs of 4,035
a child, copies of the fingerprints and photographs, and records 4,036
of the arrest or custody of the child shall be used or released 4,037
only in accordance with division (C) of this section. At the 4,038
expiration of the initial period for which fingerprints and 4,039
photographs of a child, copies of fingerprints and photographs of 4,040
a child, and records of the arrest or custody of a child may be 4,041
retained under this division, if no complaint, INDICTMENT, OR 4,042
INFORMATION is pending against the child in relation to the act 4,044
for which the fingerprints and photographs originally were 4,045
obtained or taken and if the child has neither been adjudicated a 4,046
delinquent child for the commission of that act nor been 4,047
convicted of or pleaded guilty to a criminal offense based on 4,048
that act subsequent to a transfer of the child's case for 4,049
criminal prosecution pursuant to section 2151.26 2152.12 of the 4,050
Revised Code, the fingerprints and photographs of the child, all 4,052
copies of the fingerprints and photographs, and all records of 4,053
the arrest or custody of the child that was the basis of the 4,054
taking of the fingerprints and photographs shall be removed from 4,055
the file and delivered to the juvenile court.
(2) If, at the expiration of the initial period of 4,057
retention set forth in division (B)(1) of this section, a 4,058
complaint, INDICTMENT, OR INFORMATION is pending against the 4,059
child in relation to the act for which the fingerprints and 4,061
photographs originally were obtained or the child either has been 4,062
adjudicated a delinquent child for the commission of an act other 4,063
than an act described in division (B)(3) of this section or has 4,064
been convicted of or pleaded guilty to a criminal offense for the 4,065
commission of an act other than an act described in division 4,066
92
(B)(3) of this section subsequent to transfer of the child's 4,067
case, the fingerprints and photographs of the child, copies of 4,068
the fingerprints and photographs, and the records of the arrest 4,069
or custody of the child that was the basis of the taking of the 4,070
fingerprints and photographs may further be retained, subject to 4,071
division (B)(4) of this section, until the earlier of the 4,072
expiration of two years after the date on which the fingerprints 4,073
or photographs were taken or the child attains eighteen years of 4,074
age, except that, if the child is adjudicated a delinquent child 4,075
for the commission of an act described in division (B)(3) of this 4,076
section or is convicted of or pleads guilty to a criminal offense 4,077
for the commission of an act described in division (B)(3) of this 4,078
section, the fingerprints and photographs, and the records of the 4,079
arrest or custody of the child that was the basis for the taking 4,080
of the fingerprints and photographs, shall be retained in 4,081
accordance with division (B)(3) of this section. 4,082
Except as otherwise provided in division (B)(3) of this 4,084
section, during this additional period of retention, the 4,085
fingerprints and photographs of a child, copies of the 4,086
fingerprints and photographs of a child, and records of the 4,087
arrest or custody of a child shall be used or released only in 4,088
accordance with division (C) of this section. At the expiration 4,089
of the additional period, if no complaint, INDICTMENT, OR 4,090
INFORMATION is pending against the child in relation to the act 4,092
for which the fingerprints originally were obtained or taken or 4,093
in relation to another act for which the fingerprints were used 4,094
as authorized by division (C) of this section and that would be a 4,095
felony if committed by an adult, the fingerprints of the child, 4,096
all copies of the fingerprints, and all records of the arrest or 4,097
custody of the child that was the basis of the taking of the 4,098
fingerprints shall be removed from the file and delivered to the 4,099
juvenile court, and, if no complaint, INDICTMENT, OR INFORMATION 4,100
is pending against the child concerning the act for which the 4,102
photographs originally were obtained or taken or concerning an 4,103
93
act that would be a felony if committed by an adult, the 4,104
photographs and all copies of the photographs, and, if no 4,105
fingerprints were taken at the time the photographs were taken, 4,106
all records of the arrest or custody that was the basis of the 4,107
taking of the photographs shall be removed from the file and
delivered to the juvenile court. In either case, if, at the 4,108
expiration of the applicable additional period, such a complaint, 4,109
INDICTMENT, OR INFORMATION is pending against the child, the 4,110
photographs and copies of the photographs of the child, or the 4,112
fingerprints and copies of the fingerprints of the child, 4,113
whichever is applicable, and the records of the arrest or custody 4,114
of the child may be retained, subject to division (B)(4) of this 4,115
section, until final disposition of the complaint, INDICTMENT, OR 4,116
INFORMATION, and, upon final disposition of the complaint, 4,118
INDICTMENT, OR INFORMATION, they shall be removed from the file 4,119
and delivered to the juvenile court, except that, if the child is 4,120
adjudicated a delinquent child for the commission of an act 4,121
described in division (B)(3) of this section or is convicted of 4,122
or pleads guilty to a criminal offense for the commission of an 4,123
act described in division (B)(3) of this section, the 4,124
fingerprints and photographs, and the records of the arrest or 4,125
custody of the child that was the basis for the taking of the 4,126
fingerprints and photographs, shall be retained in accordance 4,127
with division (B)(3) of this section. 4,128
(3) If a child is adjudicated a delinquent child for 4,130
violating section 2923.42 of the Revised Code or for committing 4,132
an act that would be a misdemeanor offense of violence if
committed by an adult, or is convicted of or pleads guilty to a 4,134
violation of section 2923.42 of the Revised Code, a misdemeanor 4,136
offense of violence, or a violation of an existing or former 4,137
municipal ordinance or law of this state, another state, or the 4,139
United States that is substantially equivalent to section 2923.42 4,140
of the Revised Code or any misdemeanor offense of violence, both 4,141
of the following apply: 4,142
94
(a) Originals and copies of fingerprints and photographs 4,144
of the child obtained or taken under division (A)(1) of this 4,145
section, and any records of the arrest or custody that was the 4,146
basis for the taking of the fingerprints or photographs, may be 4,147
retained for the period of time specified by the juvenile judge 4,148
in that judge's grant of consent for the taking of the 4,149
fingerprints or photographs. Upon the expiration of the 4,150
specified period, all originals and copies of the fingerprints, 4,151
photographs, and records shall be delivered to the juvenile court 4,152
or otherwise disposed of in accordance with any instructions 4,153
specified by the juvenile judge in that judge's grant of consent. 4,154
During the period of retention of the photographs and records, 4,155
all originals and copies of them shall be retained in a file 4,156
separate and apart from all photographs taken of adults. During 4,157
the period of retention of the fingerprints, all originals and 4,158
copies of them may be maintained in the files of fingerprints 4,159
taken of adults. If the juvenile judge who grants consent for 4,160
the taking of fingerprints and photographs under division (A)(1) 4,161
of this section does not specify a period of retention in that 4,162
judge's grant of consent, originals and copies of the 4,164
fingerprints, photographs, and records may be retained in 4,165
accordance with this section as if the fingerprints and 4,166
photographs had been taken under division (A)(2) of this section. 4,167
(b) Originals and copies of fingerprints and photographs 4,169
taken under division (A)(2) of this section, and any records of 4,170
the arrest or custody that was the basis for the taking of the 4,171
fingerprints or photographs, may be retained for the period of 4,172
time and in the manner specified in division (B)(3)(b) of this 4,174
section. Prior to the child's attainment of eighteen years of 4,175
age, all originals and copies of the photographs and records 4,176
shall be retained and shall be kept in a file separate and apart 4,177
from all photographs taken of adults. During the period of 4,178
retention of the fingerprints, all originals and copies of them 4,179
may be maintained in the files of fingerprints taken of adults. 4,180
95
Upon the child's attainment of eighteen years of age, all 4,181
originals and copies of the fingerprints, photographs, and 4,182
records shall be disposed of as follows: 4,183
(i) If the juvenile judge issues or previously has issued 4,185
an order that specifies a manner of disposition of the originals 4,186
and copies of the fingerprints, photographs, and records, they 4,187
shall be delivered to the juvenile court or otherwise disposed of 4,188
in accordance with the order. 4,189
(ii) If the juvenile judge does not issue and has not 4,191
previously issued an order that specifies a manner of disposition 4,192
of the originals and copies of the fingerprints not maintained in 4,193
adult files, photographs, and records, the law enforcement 4,194
agency, in its discretion, either shall remove all originals and 4,195
copies of them from the file in which they had been maintained 4,196
and transfer them to the files that are used for the retention of 4,197
fingerprints and photographs taken of adults who are arrested 4,198
for, otherwise taken into custody for, or under investigation for 4,199
the commission of a criminal offense or shall remove them from 4,200
the file in which they had been maintained and deliver them to 4,201
the juvenile court. If the originals and copies of any 4,202
fingerprints of a child who attains eighteen years of age are 4,203
maintained in the files of fingerprints taken of adults or if 4,204
pursuant to division (B)(3)(b)(ii) of this section the agency 4,206
transfers the originals and copies of any fingerprints not 4,207
maintained in adult files, photographs, or records to the files 4,208
that are used for the retention of fingerprints and photographs 4,209
taken of adults who are arrested for, otherwise taken into 4,210
custody for, or under investigation for the commission of a 4,211
criminal offense, the originals and copies of the fingerprints, 4,212
photographs, and records may be maintained, used, and released 4,213
after they are maintained in the adult files or after the 4,214
transfer as if the fingerprints and photographs had been taken 4,215
of, and as if the records pertained to, an adult who was arrested 4,216
for, otherwise taken into custody for, or under investigation for 4,217
96
the commission of a criminal offense. 4,218
(4) If a sealing or expungement order issued under section 4,220
2151.358 of the Revised Code requires the sealing or destruction 4,221
of any fingerprints or photographs of a child obtained or taken 4,222
under division (A)(1) or (2) of this section or of the records of 4,223
an arrest or custody of a child that was the basis of the taking 4,224
of the fingerprints or photographs prior to the expiration of any 4,225
period for which they otherwise could be retained under division 4,226
(B)(1), (2), or (3) of this section, the fingerprints, 4,227
photographs, and arrest or custody records that are subject to 4,228
the order and all copies of the fingerprints, photographs, and 4,229
arrest or custody records shall be sealed or destroyed in 4,230
accordance with the order. 4,231
(5) All fingerprints of a child, photographs of a child, 4,233
records of an arrest or custody of a child, and copies delivered 4,234
to a juvenile court in accordance with division (B)(1), (2), or 4,235
(3) of this section shall be destroyed by the court, provided 4,236
that, if a complaint is filed against the child in relation to 4,238
any act to which the records pertain, the court shall maintain
all records of an arrest or custody of a child so delivered for 4,240
at least three years after the final disposition of the case or 4,241
after the case becomes inactive.
(6)(a) All photographs of a child and records of an arrest 4,243
or custody of a child retained pursuant to division (B) of this 4,244
section and not delivered to a juvenile court shall be kept in a 4,245
file separate and apart from fingerprints, photographs, and 4,246
records of an arrest or custody of an adult. All fingerprints of 4,247
a child retained pursuant to division (B) of this section and not 4,248
delivered to a juvenile court may be maintained in the files of 4,249
fingerprints taken of adults. 4,250
(b) If a child who is the subject of photographs or 4,252
fingerprints is adjudicated a delinquent child for the commission 4,253
of an act that would be an offense, other than a traffic offense 4,255
or a minor misdemeanor, if committed by an adult or is convicted 4,256
97
of or pleads guilty to a criminal offense, other than a traffic
offense or a minor misdemeanor, all fingerprints not maintained 4,258
in the files of fingerprints taken of adults and all photographs 4,259
of the child, and all records of the arrest or custody of the 4,260
child that is the basis of the taking of the fingerprints or 4,261
photographs, that are retained pursuant to division (B) of this 4,262
section and not delivered to a juvenile court shall be kept in a 4,263
file separate and apart from fingerprints, photographs, and 4,264
arrest and custody records of children who have not been 4,265
adjudicated a delinquent child for the commission of an act that 4,266
would be an offense, other than a traffic offense or a minor 4,267
misdemeanor, if committed by an adult and have not been convicted 4,268
of or pleaded guilty to a criminal offense other than a traffic 4,269
offense or a minor misdemeanor. 4,270
(C) Until they are delivered to the juvenile court or 4,272
sealed, transferred in accordance with division (B)(3)(b) of this 4,273
section, or destroyed pursuant to a sealing or expungement order, 4,274
the originals and copies of fingerprints and photographs of a 4,275
child that are obtained or taken pursuant to division (A)(1) or 4,276
(2) of this section, and the records of the arrest or custody of 4,277
the child that was the basis of the taking of the fingerprints or 4,278
photographs, shall be used or released only as follows: 4,279
(1) During the initial thirty-day period of retention, 4,281
originals and copies of fingerprints and photographs of a child, 4,282
and records of the arrest or custody of a child, shall be used, 4,283
prior to the filing of a complaint OR INFORMATION against OR THE 4,284
OBTAINING OF AN INDICTMENT OF the child in relation to the act 4,286
for which the fingerprints and photographs were originally 4,287
obtained or taken, only for the investigation of that act and 4,288
shall be released, prior to the filing of the complaint, only to 4,289
a court that would have jurisdiction of the child's case under 4,290
this chapter. Subsequent to the filing of a complaint OR
INFORMATION OR THE OBTAINING OF AN INDICTMENT, originals and 4,292
copies of fingerprints and photographs of a child, and records of 4,293
98
the arrest or custody of a child, shall be used or released 4,294
during the initial thirty-day period of retention only as 4,295
provided in division (C)(2)(a), (b), or (c) of this section.
(2) Originals and copies of fingerprints and photographs 4,297
of a child, and records of the arrest or custody of a child, that 4,298
are retained beyond the initial thirty-day period of retention 4,299
subsequent to the filing of a complaint OR INFORMATION OR THE 4,300
OBTAINING OF AN INDICTMENT, a delinquent child adjudication, or a 4,302
conviction of or guilty plea to a criminal offense shall be used 4,303
or released only as follows:
(a) Originals and copies of photographs of a child, and, 4,305
if no fingerprints were taken at the time the photographs were 4,306
taken, records of the arrest or custody of the child that was the 4,307
basis of the taking of the photographs, may be used only as 4,308
follows: 4,309
(i) They may be used for the investigation of the act for 4,311
which they originally were obtained or taken; if the child who is 4,312
the subject of the photographs is a suspect in the investigation, 4,313
for the investigation of any act that would be an offense if 4,314
committed by an adult; and for arresting or bringing the child 4,315
into custody. 4,316
(ii) If the child who is the subject of the photographs is 4,318
adjudicated a delinquent child for the commission of an act that 4,319
would be a felony if committed by an adult or is convicted of or 4,320
pleads guilty to a criminal offense that is a felony as a result 4,321
of the arrest or custody that was the basis of the taking of the 4,322
photographs, a law enforcement officer may use the photographs 4,323
for a photo line-up conducted as part of the investigation of any 4,324
act that would be a felony if committed by an adult, whether or 4,325
not the child who is the subject of the photographs is a suspect 4,326
in the investigation. 4,327
(b) Originals and copies of fingerprints of a child, and 4,329
records of the arrest or custody of the child that was the basis 4,330
of the taking of the fingerprints, may be used only for the 4,331
99
investigation of the act for which they originally were obtained 4,332
or taken; if a child is a suspect in the investigation, for the 4,333
investigation of another act that would be an offense if 4,334
committed by an adult; and for arresting or bringing the child 4,335
into custody. 4,336
(c) Originals and copies of fingerprints, photographs, and 4,338
records of the arrest or custody that was the basis of the taking 4,339
of the fingerprints or photographs shall be released only to the 4,340
following: 4,341
(i) Law enforcement officers of this state or a political 4,343
subdivision of this state, upon notification to the juvenile 4,344
court of the name and address of the law enforcement officer or 4,345
agency to whom or to which they will be released; 4,346
(ii) A court that has jurisdiction of the child's case 4,348
under Chapter CHAPTERS 2151. AND 2152. of the Revised Code or 4,350
subsequent to a transfer of the child's case for criminal 4,351
prosecution pursuant to section 2151.26 2152.12 of the Revised 4,352
Code.
(D) No person shall knowingly do any of the following: 4,354
(1) Fingerprint or photograph a child in the investigation 4,356
of any violation of law other than as provided in division (A)(1) 4,357
or (2) of this section or in sections 109.57, 109.60, and 109.61 4,359
of the Revised Code;
(2) Retain fingerprints or photographs of a child obtained 4,361
or taken under division (A)(1) or (2) of this section, copies of 4,362
fingerprints or photographs of that nature, or records of the 4,364
arrest or custody that was the basis of the taking of 4,365
fingerprints or photographs of that nature other than in 4,366
accordance with division (B) of this section; 4,368
(3) Use or release fingerprints or photographs of a child 4,370
obtained or taken under division (A)(1) or (2) of this section, 4,371
copies of fingerprints or photographs of that nature, or records 4,373
of the arrest or custody that was the basis of the taking of 4,374
fingerprints or photographs of that nature other than in 4,375
100
accordance with division (B) or (C) of this section. 4,376
Sec. 2151.314. (A) When a child is brought before the 4,385
court or delivered to a place of detention or shelter care 4,386
designated by the court, the intake or other authorized officer 4,387
of the court shall immediately make an investigation and shall 4,388
release the child unless it appears that the child's detention or 4,389
shelter care is warranted or required under section 2151.31 of 4,390
the Revised Code. 4,391
If the child is not so released, a complaint under section 4,393
2151.27 OR 2152.021 OR AN INFORMATION UNDER SECTION 2152.13 of 4,395
the Revised Code shall be filed OR AN INDICTMENT UNDER DIVISION 4,396
(C) OF SECTION 2152.13 OF THE REVISED CODE SHALL BE SOUGHT and an
informal detention or shelter care hearing held promptly, not 4,398
later than seventy-two hours after the child is placed in 4,399
detention or shelter care, to determine whether detention or 4,400
shelter care is required. Reasonable oral or written notice of 4,401
the time, place, and purpose of the detention or shelter care 4,402
hearing shall be given to the child and, if they can be found, to 4,403
the child's parents, guardian, or custodian. In cases in which 4,404
the complaint alleges a child to be an abused, neglected, or 4,405
dependent child, the notice given the parents, guardian, or 4,406
custodian shall inform them that a case plan may be prepared for 4,407
the child, the general requirements usually contained in case
plans, and the possible consequences of the failure to comply 4,408
with a journalized case plan. 4,409
Prior to the hearing, the court shall inform the parties of 4,412
their right to counsel and to appointed counsel or to the 4,413
services of the county public defender or joint county public
defender, if they are indigent, of the child's right to remain 4,414
silent with respect to any allegation of delinquency, and of the 4,415
name and telephone number of a court employee who can be 4,416
contacted during the normal business hours of the court to 4,417
arrange for the prompt appointment of counsel for any party who 4,418
is indigent. Unless it appears from the hearing that the child's 4,419
101
detention or shelter care is required under the provisions of 4,420
section 2151.31 of the Revised Code, the court shall order the 4,421
child's release as provided by section 2151.311 of the Revised 4,422
Code. If a parent, guardian, or custodian has not been so 4,423
notified and did not appear or waive appearance at the hearing, 4,424
upon the filing of an affidavit stating these facts, the court 4,425
shall rehear the matter without unnecessary delay. 4,426
(B) When the court conducts a hearing pursuant to division 4,428
(A) of this section, all of the following apply: 4,429
(1) The court shall determine whether an alleged abused, 4,431
neglected, or dependent child should remain or be placed in 4,432
shelter care; 4,433
(2) The court shall determine whether there are any 4,435
relatives of the child who are willing to be temporary custodians 4,437
of the child. If any relative is willing to be a temporary 4,438
custodian, the child would otherwise be placed or retained in 4,439
shelter care, and the appointment is appropriate, the court shall 4,440
appoint the relative as temporary custodian of the child, unless 4,441
the court appoints another relative as temporary custodian. If 4,442
it determines that the appointment of a relative as custodian 4,443
would not be appropriate, it shall issue a written opinion 4,444
setting forth the reasons for its determination and give a copy 4,445
of the opinion to all parties and to the guardian ad litem of the 4,446
child.
The court's consideration of a relative for appointment as 4,448
a temporary custodian does not make that relative a party to the 4,449
proceedings. 4,450
(3) The court shall comply with section 2151.419 of the 4,452
Revised Code.
(C) If a child is in shelter care following the filing of 4,454
a complaint pursuant to section 2151.27 OR 2152.021 of the 4,455
Revised Code, THE FILING OF AN INFORMATION, OR THE OBTAINING OF 4,456
AN INDICTMENT or following a hearing held pursuant to division 4,458
(A) of this section, any party, including the public children 4,459
102
services agency, and the guardian ad litem of the child may file 4,461
a motion with the court requesting that the child be released 4,462
from shelter care. The motion shall state the reasons why the 4,463
child should be released from shelter care and, if a hearing has 4,464
been held pursuant to division (A) of this section, any changes 4,465
in the situation of the child or the parents, guardian, or 4,466
custodian of the child that have occurred since that hearing and 4,467
that justify the release of the child from shelter care. Upon 4,468
the filing of the motion, the court shall hold a hearing in the 4,469
same manner as under division (A) of this section.
(D) Each juvenile court shall designate AT LEAST one court 4,471
employee to assist persons who are indigent in obtaining 4,472
appointed counsel. The court shall include in each notice given 4,473
pursuant to division (A) or (C) of this section and in each 4,474
summons served upon a party pursuant to this chapter, the name 4,475
and telephone number at which the EACH designated employee can be 4,476
contacted during the normal business hours of the court to 4,478
arrange for prompt appointment of counsel for indigent persons. 4,479
Sec. 2151.35. (A)(1) The EXCEPT AS OTHERWISE PROVIDED BY 4,488
DIVISION (A)(3) OF THIS SECTION OR IN SECTION 2152.13 OF THE 4,490
REVISED CODE, THE juvenile court may conduct its hearings in an 4,492
informal manner and may adjourn its hearings from time to time. 4,494
In the hearing of any case, THE COURT MAY EXCLUDE the general 4,496
public FROM ITS HEARINGS IN A PARTICULAR CASE IF THE COURT HOLDS
A SEPARATE HEARING TO DETERMINE WHETHER THAT EXCLUSION IS 4,497
APPROPRIATE. IF THE COURT DECIDES THAT EXCLUSION OF THE GENERAL 4,498
PUBLIC IS APPROPRIATE, THE COURT STILL may be excluded and only 4,501
ADMIT TO A PARTICULAR HEARING OR ALL OF THE HEARINGS RELATING TO 4,502
A PARTICULAR CASE those persons admitted who have a direct 4,503
interest in the case AND THOSE WHO DEMONSTRATE THAT THEIR NEED 4,504
FOR ACCESS OUTWEIGHS THE INTEREST IN KEEPING THE HEARING CLOSED. 4,505
Except cases involving children who are alleged to be 4,507
unruly or delinquent children for being habitual or chronic 4,508
truants AND EXCEPT AS OTHERWISE PROVIDED IN SECTION 2152.13 OF 4,509
103
THE REVISED CODE, all cases involving children shall be heard 4,510
separately and apart from the trial of cases against adults. The 4,511
court may excuse the attendance of the child at the hearing in 4,512
cases involving abused, neglected, or dependent children. The 4,513
court shall hear and determine all cases of children without a 4,514
jury, EXCEPT CASES INVOLVING SERIOUS YOUTHFUL OFFENDERS UNDER 4,516
SECTION 2152.13 OF THE REVISED CODE.
If a complaint alleges a child to be a delinquent child, 4,518
unruly child, or juvenile traffic offender, the court shall 4,519
require the parent, guardian, or custodian of the child to attend 4,520
all proceedings of the court regarding the child. If a parent, 4,521
guardian, or custodian fails to so attend, the court may find the 4,522
parent, guardian, or custodian in contempt. 4,523
If the court at the adjudicatory hearing finds from clear 4,525
and convincing evidence that the child is an abused, neglected, 4,526
or dependent child, the court shall proceed, in accordance with 4,527
division (B) of this section, to hold a dispositional hearing and 4,528
hear the evidence as to the proper disposition to be made under 4,529
section 2151.353 of the Revised Code. If the court at the 4,530
adjudicatory hearing finds beyond a reasonable doubt that the 4,531
child is a delinquent or unruly child or a juvenile traffic 4,532
offender, the court shall proceed immediately, or at a postponed 4,533
hearing, to hear the evidence as to the proper disposition to be 4,534
made under sections 2151.352 to 2151.355 SECTION 2151.354 OR 4,536
CHAPTER 2152. of the Revised Code. If the court at the 4,537
adjudicatory hearing finds beyond a reasonable doubt that the 4,538
child is an unruly child for being an habitual truant, or that 4,539
the child is an unruly child for being an habitual truant and 4,540
that the parent, guardian, or other person having care of the
child has failed to cause the child's attendance at school in 4,541
violation of section 3321.38 of the Revised Code, the court shall 4,543
proceed to hold a hearing to hear the evidence as to the proper 4,544
disposition to be made in regard to the child under division
(C)(1) of section 2151.354 of the Revised Code and the proper 4,546
104
action to take in regard to the parent, guardian, or other person 4,547
having care of the child under division (C)(2) of section 4,548
2151.354 of the Revised Code. If the court at the adjudicatory 4,549
hearing finds beyond a reasonable doubt that the child is a 4,550
delinquent child for being a chronic truant or for being an 4,551
habitual truant who previously has been adjudicated an unruly
child for being an habitual truant, or that the child is a 4,552
delinquent child for either of those reasons and the parent, 4,553
guardian, or other person having care of the child has failed to 4,554
cause the child's attendance at school in violation of section 4,555
3321.38 of the Revised Code, the court shall proceed to hold a 4,556
hearing to hear the evidence as to the proper disposition to be 4,557
made in regard to the child under division (A)(24)(6)(a) of 4,559
section 2151.355 2152.19 of the Revised Code and the proper 4,561
action to take in regard to the parent, guardian, or other person 4,562
having care of the child under division (A)(24)(6)(b) of section 4,563
2151.355 2152.19 of the Revised Code. 4,564
If the court does not find the child to be an abused, 4,566
neglected, dependent, delinquent, or unruly child or a juvenile 4,567
traffic offender, it shall order that the complaint CASE be 4,568
dismissed and that the child be discharged from any detention or 4,570
restriction theretofore ordered. 4,571
(2) A record of all testimony and other oral proceedings 4,573
in juvenile court shall be made in all proceedings that are held 4,574
pursuant to section 2151.414 of the Revised Code or in which an 4,575
order of disposition may be made pursuant to division (A)(4) of 4,576
section 2151.353 of the Revised Code, and shall be made upon 4,577
request in any other proceedings. The record shall be made as 4,578
provided in section 2301.20 of the Revised Code. 4,579
(3) THE AUTHORITY OF A JUVENILE COURT TO EXCLUDE THE 4,581
GENERAL PUBLIC FROM ITS HEARINGS THAT IS PROVIDED BY DIVISION 4,582
(A)(1) OF THIS SECTION DOES NOT LIMIT OR AFFECT ANY RIGHT OF A 4,583
VICTIM OF A CRIME OR DELINQUENT ACT, OR OF A VICTIM'S 4,584
REPRESENTATIVE, UNDER CHAPTER 2930. OF THE REVISED CODE. 4,585
105
(B)(1) If the court at an adjudicatory hearing determines 4,587
that a child is an abused, neglected, or dependent child, the 4,588
court shall not issue a dispositional order until after the court 4,589
holds a separate dispositional hearing. The court may hold the 4,590
dispositional hearing for an adjudicated abused, neglected, or 4,592
dependent child immediately after the adjudicatory hearing if all 4,594
parties were served prior to the adjudicatory hearing with all 4,595
documents required for the dispositional hearing. The 4,596
dispositional hearing may not be held more than thirty days after 4,597
the adjudicatory hearing is held. The court, upon the request of 4,598
any party or the guardian ad litem of the child, may continue a 4,599
dispositional hearing for a reasonable time not to exceed the 4,600
time limits set forth in this division to enable a party to 4,601
obtain or consult counsel. The dispositional hearing shall not 4,602
be held more than ninety days after the date on which the 4,603
complaint in the case was filed. 4,604
If the dispositional hearing is not held within the period 4,606
of time required by this division, the court, on its own motion 4,607
or the motion of any party or the guardian ad litem of the child, 4,608
shall dismiss the complaint without prejudice. 4,609
(2) The dispositional hearing shall be conducted in 4,611
accordance with all of the following: 4,612
(a) The judge or referee who presided at the adjudicatory 4,614
hearing shall preside, if possible, at the dispositional hearing; 4,615
(b) The court may admit any evidence that is material and 4,617
relevant, including, but not limited to, hearsay, opinion, and 4,618
documentary evidence; 4,619
(c) Medical examiners and each investigator who prepared a 4,621
social history shall not be cross-examined, except upon consent 4,622
of the parties, for good cause shown, or as the court in its 4,623
discretion may direct. Any party may offer evidence 4,624
supplementing, explaining, or disputing any information contained 4,625
in the social history or other reports that may be used by the 4,626
court in determining disposition. 4,627
106
(3) After the conclusion of the dispositional hearing, the 4,629
court shall enter an appropriate judgment within seven days and 4,630
shall schedule the date for the hearing to be held pursuant to 4,631
section 2151.415 of the Revised Code. The court may make any 4,632
order of disposition that is set forth in section 2151.353 of the 4,633
Revised Code. A copy of the judgment shall be given to each 4,634
party and to the child's guardian ad litem. If the judgment is 4,635
conditional, the order shall state the conditions of the 4,636
judgment. If the child is not returned to the child's own home, 4,638
the court shall determine which school district shall bear the
cost of the child's education and shall comply with section 4,640
2151.36 of the Revised Code.
(4) As part of its dispositional order, the court may 4,642
issue any order described in division (B) of section 2151.33 of 4,643
the Revised Code. 4,644
(C) The court shall give all parties to the action and the 4,646
child's guardian ad litem notice of the adjudicatory and 4,647
dispositional hearings in accordance with the Juvenile Rules. 4,648
(D) If the court issues an order pursuant to division 4,650
(A)(4) of section 2151.353 of the Revised Code committing a child 4,651
to the permanent custody of a public children services agency or 4,652
a private child placing agency, the parents of the child whose 4,653
parental rights were terminated cease to be parties to the action 4,654
upon the issuance of the order. This division is not intended to 4,655
eliminate or restrict any right of the parents to appeal the 4,656
permanent custody order issued pursuant to division (A)(4) of 4,657
section 2151.353 of the Revised Code. 4,658
(E) Each juvenile court shall schedule its hearings in 4,660
accordance with the time requirements of this chapter. 4,661
(F) In cases regarding abused, neglected, or dependent 4,663
children, the court may admit any statement of a child that the 4,664
court determines to be excluded by the hearsay rule if the 4,665
proponent of the statement informs the adverse party of the 4,666
proponent's intention to offer the statement and of the 4,668
107
particulars of the statement, including the name of the 4,669
declarant, sufficiently in advance of the hearing to provide the 4,670
party with a fair opportunity to prepare to challenge, respond 4,671
to, or defend against the statement, and the court determines all 4,672
of the following: 4,673
(1) The statement has circumstantial guarantees of 4,675
trustworthiness; 4,676
(2) The statement is offered as evidence of a material 4,678
fact; 4,679
(3) The statement is more probative on the point for which 4,681
it is offered than any other evidence that the proponent can 4,682
procure through reasonable efforts; 4,683
(4) The general purposes of the evidence rules and the 4,685
interests of justice will best be served by the admission of the 4,686
statement into evidence. 4,687
(G) If a child is alleged to be an abused child, the court 4,689
may order that the testimony of the child be taken by deposition. 4,690
On motion of the prosecuting attorney, guardian ad litem, or any 4,691
party, or in its own discretion, the court may order that the 4,692
deposition be videotaped. Any deposition taken under this 4,693
division shall be taken with a judge or referee present. 4,694
If a deposition taken under this division is intended to be 4,696
offered as evidence at the hearing, it shall be filed with the 4,697
court. Part or all of the deposition is admissible in evidence 4,698
if counsel for all parties had an opportunity and similar motive 4,699
at the time of the taking of the deposition to develop the 4,700
testimony by direct, cross, or redirect examination and the judge 4,701
determines that there is reasonable cause to believe that if the 4,702
child were to testify in person at the hearing, the child would 4,703
experience emotional trauma as a result of participating at the 4,704
hearing.
Sec. 2151.352. A child, his OR THE CHILD'S parents, 4,714
custodian, or other person in loco parentis of such child is 4,716
entitled to representation by legal counsel at all stages of the 4,717
108
proceedings UNDER THIS CHAPTER OR CHAPTER 2152. OF THE REVISED 4,718
CODE and if, as an indigent person, he ANY SUCH PERSON is unable 4,719
to employ counsel, to have counsel provided for him THE PERSON 4,721
pursuant to Chapter 120. of the Revised Code. If a party appears 4,723
without counsel, the court shall ascertain whether he THE PARTY 4,724
knows of his THE PARTY'S right to counsel and of his THE PARTY'S 4,726
right to be provided with counsel if he THE PARTY is an indigent 4,727
person. The court may continue the case to enable a party to 4,728
obtain counsel or to be represented by the county public defender 4,729
or the joint county public defender and shall provide counsel 4,730
upon request pursuant to Chapter 120. of the Revised Code. 4,731
Counsel must be provided for a child not represented by his THE 4,732
CHILD'S parent, guardian, or custodian. If the interests of two 4,734
or more such parties conflict, separate counsel shall be provided 4,735
for each of them. 4,736
Section 2935.14 of the Revised Code applies to any child 4,737
taken into custody. The parents, custodian, or guardian of such 4,738
child, and any attorney at law representing them or the child, 4,739
shall be entitled to visit such child at any reasonable time, be 4,740
present at any hearing involving the child, and be given 4,741
reasonable notice of such hearing. 4,742
Any report or part thereof concerning such child, which is 4,744
used in the hearing and is pertinent thereto, shall for good 4,745
cause shown be made available to any attorney at law representing 4,746
such child and to any attorney at law representing the parents, 4,747
custodian, or guardian of such child, upon written request prior 4,748
to any hearing involving such child. 4,749
Sec. 2151.354. (A) If the child is adjudicated an unruly 4,758
child, the court may: 4,759
(1) Make any of the dispositions authorized under section 4,761
2151.353 of the Revised Code; 4,762
(2) Place the child on probation COMMUNITY CONTROL under 4,764
any SANCTIONS, SERVICES, AND conditions that the court 4,765
prescribes, AS DESCRIBED IN DIVISION (A)(3) OF SECTION 2152.19 OF 4,766
109
THE REVISED CODE;
(3) Suspend or revoke the driver's license, probationary 4,768
driver's license, or temporary instruction permit issued to the 4,769
child and suspend or revoke the registration of all motor 4,770
vehicles registered in the name of the child. A child whose 4,771
license or permit is so suspended or revoked is ineligible for 4,772
issuance of a license or permit during the period of suspension 4,773
or revocation. At the end of the period of suspension or
revocation, the child shall not be reissued a license or permit 4,774
until the child has paid any applicable reinstatement fee and 4,775
complied with all requirements governing license reinstatement. 4,776
(4) Commit the child to the temporary or permanent custody 4,778
of the court;
(5) If, after making a disposition under division (A)(1), 4,780
(2), or (3) of this section, the court finds upon further hearing 4,781
that the child is not amenable to treatment or rehabilitation 4,782
under that disposition, make a disposition otherwise authorized 4,783
under divisions (A)(1), (2) (3), (4), and (A)(8) to (12)(7) of 4,785
section 2151.355 2152.19 of the Revised Code, except that the 4,787
child may not be committed to or placed in a secure correctional 4,788
facility, and commitment to or placement in a detention home 4,789
FACILITY may not exceed twenty-four hours unless authorized by 4,791
division (C)(B)(3) of section 2151.312 or sections 2151.56 to 4,793
2151.61 of the Revised Code.
(B) If a child is adjudicated an unruly child for 4,795
committing any act that, if committed by an adult, would be a 4,796
drug abuse offense, as defined in section 2925.01 of the Revised 4,797
Code, or a violation of division (B) of section 2917.11 of the 4,798
Revised Code, then, in addition to imposing, in its discretion, 4,799
any other order of disposition authorized by this section, the 4,800
court shall do both of the following: 4,801
(1) Require the child to participate in a drug abuse or 4,803
alcohol abuse counseling program; 4,804
(2) Suspend or revoke the temporary instruction permit, 4,806
110
probationary driver's license, or driver's license issued to the 4,808
child for a period of time prescribed by the court or, at the 4,809
discretion of the court, until the child attends and 4,810
satisfactorily completes a drug abuse or alcohol abuse education, 4,811
intervention, or treatment program specified by the court. 4,812
During the time the child is attending the program, the court 4,813
shall retain any temporary instruction permit, probationary 4,814
driver's license, or driver's license issued to the child and 4,815
shall return the permit or license when the child satisfactorily 4,816
completes the program. 4,817
(C)(1) If a child is adjudicated an unruly child for being 4,819
an habitual truant, in addition to or in lieu of imposing any 4,821
other order of disposition authorized by this section, the court 4,822
may do any of the following: 4,823
(a) Order the board of education of the child's school 4,825
district or the governing board of the educational service center 4,826
in the child's school district to require the child to attend an 4,827
alternative school if an alternative school has been established 4,828
pursuant to section 3313.533 of the Revised Code in the school 4,829
district in which the child is entitled to attend school; 4,830
(b) Require the child to participate in any academic 4,832
program or community service program; 4,833
(c) Require the child to participate in a drug abuse or 4,835
alcohol abuse counseling program; 4,836
(d) Require that the child receive appropriate medical or 4,838
psychological treatment or counseling; 4,839
(e) Make any other order that the court finds proper to 4,841
address the child's habitual truancy, including an order 4,842
requiring the child to not be absent without legitimate excuse 4,844
from the public school the child is supposed to attend for five 4,845
or more consecutive days, seven or more school days in one school 4,846
month, or twelve or more school days in a school year and 4,847
including an order requiring the child to participate in a 4,848
truancy prevention mediation program. 4,849
111
(2) If a child is adjudicated an unruly child for being an 4,852
habitual truant and the court determines that the parent, 4,853
guardian, or other person having care of the child has failed to 4,854
cause the child's attendance at school in violation of section 4,855
3321.38 of the Revised Code, in addition to any order of 4,856
disposition authorized by this section, all of the following 4,857
apply:
(a) The court may require the parent, guardian, or other 4,859
person having care of the child to participate in any community 4,861
service program, preferably a community service program that 4,862
requires the involvement of the parent, guardian, or other person 4,863
having care of the child in the school attended by the child. 4,864
(b) The court may require the parent, guardian, or other 4,867
person having care of the child to participate in a truancy 4,868
prevention mediation program.
(c) The court shall warn the parent, guardian, or other 4,870
person having care of the child that any subsequent adjudication 4,871
of the child as an unruly or delinquent child for being an 4,872
habitual or chronic truant may result in a criminal charge 4,873
against the parent, guardian, or other person having care of the 4,874
child for a violation of division (C) of section 2919.21 or 4,875
section 2919.24 of the Revised Code. 4,876
Sec. 2151.357. In the manner prescribed by division (C)(2) 4,885
of section 3313.64 of the Revised Code, the court, at the time of 4,887
making any order that removes a child from the child's own home 4,888
or that vests legal or permanent custody of the child in a person
other than the child's parent or a government agency, shall 4,890
determine the school district that is to bear the cost of 4,892
educating the child. The court shall make the determination a 4,894
part of the order that provides for the child's placement or 4,895
commitment.
Whenever a child is placed in a detention home FACILITY 4,897
established under section 2151.34 2152.41 of the Revised Code or 4,899
a juvenile facility established under section 2151.65 of the 4,901
112
Revised Code, the child's school district as determined by the 4,902
court shall pay the cost of educating the child based on the per 4,903
capita cost of the educational facility within the detention home 4,904
or juvenile facility.
Whenever a child is placed by the court in a private 4,906
institution, school, or residential treatment center or any other 4,908
private facility, the state shall pay to the court a subsidy to 4,909
help defray the expense of educating the child in an amount equal 4,910
to the product of the daily per capita educational cost of the 4,911
private facility, as determined pursuant to this section, and the 4,913
number of days the child resides at the private facility, 4,914
provided that the subsidy shall not exceed twenty-five hundred 4,916
dollars per year per child. The daily per capita educational
cost of a private facility shall be determined by dividing the 4,917
actual program cost of the private facility or twenty-five 4,918
hundred dollars, whichever is less, by three hundred sixty-five 4,919
days or by three hundred sixty-six days for years that include 4,920
February twenty-ninth. The state shall pay seventy-five per cent 4,921
of the total subsidy for each year quarterly to the court. The 4,922
state may adjust the remaining twenty-five per cent of the total 4,924
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 4,925
year based upon the availability of funds appropriated to the 4,926
department of education for the purpose of subsidizing courts 4,927
that place a child in a private institution, school, or 4,928
residential treatment center or any other private facility and
shall pay that adjusted amount to the court at the end of the 4,929
year.
Sec. 2151.358. (A) As used in this section, "seal a 4,938
record" means to remove a record from the main file of similar 4,939
records and to secure it in a separate file that contains only 4,940
sealed records and that is accessible only to the juvenile court. 4,941
A record that is sealed shall be destroyed by all persons and 4,942
governmental bodies except the juvenile court. 4,943
113
(B) The department of youth services and any other 4,945
institution or facility that unconditionally discharges a person 4,946
who has been adjudicated a delinquent child, an unruly child, or 4,948
a juvenile traffic offender shall immediately give notice of the 4,949
discharge to the court that committed the person. The court 4,950
shall note the date of discharge on a separate record of 4,951
discharges of those natures.
(C)(1)(a) Two years after the termination of any order 4,953
made by the court or two years after the unconditional discharge 4,954
of a person from the department of youth services or another 4,955
institution or facility to which the person may have been 4,957
committed, the court that issued the order or committed the 4,958
person shall do whichever of the following is applicable: 4,959
(i) If the person was adjudicated an unruly child, order 4,961
the record of the person sealed; 4,962
(ii) If the person was adjudicated a delinquent child for 4,965
committing an act other than a violation of section 2903.01, 4,966
2903.02, 2907.02, 2907.03, or 2907.05 of the Revised Code or was
adjudicated a juvenile traffic offender, either order the record 4,968
of the person sealed or send the person notice of the person's 4,969
right to have that record sealed. 4,970
(b) Division (C)(1)(a) of this section does not apply 4,973
regarding a person who was adjudicated a delinquent child for
committing a violation of section 2903.01, 2903.02, 2907.02, 4,975
2907.03, or 2907.05 of the Revised Code.
(2) The court shall send the notice described in division 4,977
(C)(1)(a)(ii) of this section within ninety days after the 4,979
expiration of the two-year period described in division (C)(1)(a)
of this section by certified mail, return receipt requested, to 4,981
the person's last known address. The notice shall state that the 4,983
person may apply to the court for an order to seal the person's
record, explain what sealing a record means, and explain the 4,984
possible consequences of not having the person's record sealed. 4,985
(D)(1) At any time after the two-year period described in 4,987
114
division (C)(1)(a) of this section has elapsed, any person who 4,989
has been adjudicated a delinquent child for committing an act 4,990
other than a violation of section 2903.01, 2903.02, 2907.02, 4,991
2907.03, or 2907.05 of the Revised Code or who has been
adjudicated a juvenile traffic offender may apply to the court 4,992
for an order to seal the person's record. The court shall hold a 4,994
hearing on each application within sixty days after the 4,995
application is received. Notice of the hearing on the
application shall be given to the prosecuting attorney and to any 4,996
other public office or agency known to have a record of the prior 4,997
adjudication. If the court finds that the rehabilitation of the 4,998
person who was adjudicated a delinquent child or a juvenile 4,999
traffic offender has been attained to a satisfactory degree, the 5,001
court may order the record of the person sealed. 5,002
(2) Division (D)(1) of this section does not apply 5,004
regarding a person who was adjudicated a delinquent child for 5,005
committing a violation of section 2903.01, 2903.02, 2907.02, 5,006
2907.03, or 2907.05 of the Revised Code. 5,007
(E)(1) If the court orders the adjudication record of a 5,009
person sealed pursuant to division (C) or (D) of this section, 5,010
the court, except as provided in division (K) of this section, 5,012
shall order that the proceedings in the case in which the person 5,013
was adjudicated a juvenile traffic offender, a delinquent child, 5,014
or an unruly child be deemed never to have occurred. Except as 5,015
provided in division (G)(2) of this section, all index references 5,016
to the case and the person shall be deleted, and the person and 5,017
the court properly may reply that no record exists with respect 5,018
to the person upon any inquiry in the matter. 5,019
(2) Inspection of records that have been ordered sealed 5,022
under division (E)(1) of this section may be made only by the 5,023
following persons or for the following purposes:
(a) If the records in question pertain to an act that 5,025
would be an offense of violence that would be a felony if 5,026
committed by an adult, by any law enforcement officer or any 5,027
115
prosecutor, or the assistants of a law enforcement officer or 5,028
prosecutor, for any valid law enforcement or prosecutorial 5,029
purpose;
(b) Upon application by the person who is the subject of 5,031
the sealed records, by the persons that are named in that 5,032
application.
(F) Any person who has been arrested and charged with 5,034
being a delinquent child or a juvenile traffic offender and who 5,035
is adjudicated not guilty of the charges in the case or has the 5,037
charges in the case dismissed may apply to the court for an 5,038
expungement of the record in the case. The application may be 5,040
filed at any time after the person is adjudicated not guilty or
the charges against the person are dismissed. The court shall 5,041
give notice to the prosecuting attorney of any hearing on the 5,042
application. The court may initiate the expungement proceedings 5,043
on its own motion. 5,044
Any person who has been arrested and charged with being an 5,046
unruly child and who is adjudicated not guilty of the charges in 5,048
the case or has the charges in the case dismissed may apply to 5,049
the court for an expungement of the record in the case. The 5,050
court shall initiate the expungement proceedings on its own 5,051
motion if an application for expungement is not filed.
If the court upon receipt of an application for expungement 5,053
or upon its own motion determines that the charges against any 5,054
person in any case were dismissed or that any person was 5,055
adjudicated not guilty in any case, the court shall order that 5,056
the records of the case be expunged and that the proceedings in 5,057
the case be deemed never to have occurred. If the applicant for 5,058
the expungement order, with the written consent of the 5,059
applicant's parents or guardian if the applicant is a minor and 5,060
with the written approval of the court, waives in writing the 5,061
applicant's right to bring any civil action based on the arrest 5,062
for which the expungement order is applied, the court shall order 5,063
the appropriate persons and governmental agencies to delete all 5,064
116
index references to the case; destroy or delete all court records 5,065
of the case; destroy all copies of any pictures and fingerprints 5,066
taken of the person pursuant to the expunged arrest; and destroy, 5,067
erase, or delete any reference to the arrest that is maintained 5,068
by the state or any political subdivision of the state, except a 5,069
record of the arrest that is maintained for compiling statistical 5,070
data and that does not contain any reference to the person. 5,071
If the applicant for an expungement order does not waive in 5,073
writing the right to bring any civil action based on the arrest 5,074
for which the expungement order is applied, the court, in 5,075
addition to ordering the deletion, destruction, or erasure of all 5,076
index references and court records of the case and of all 5,077
references to the arrest that are maintained by the state or any 5,078
political subdivision of the state, shall order that a copy of 5,079
all records of the case, except fingerprints held by the court or 5,080
a law enforcement agency, be delivered to the court. The court 5,081
shall seal all of the records delivered to the court in a 5,082
separate file in which only sealed records are maintained. The 5,083
sealed records shall be kept by the court until the statute of 5,084
limitations expires for any civil action based on the arrest, any 5,085
pending litigation based on the arrest is terminated, or the 5,086
applicant files a written waiver of the right to bring a civil 5,087
action based on the arrest. After the expiration of the statute 5,088
of limitations, the termination of the pending litigation, or the 5,089
filing of the waiver, the court shall destroy the sealed records. 5,090
After the expungement order has been issued, the court 5,092
shall, and the person may properly, reply that no record of the 5,093
case with respect to the person exists. 5,094
(G)(1) The court shall send notice of the order to expunge 5,096
or seal to any public office or agency that the court has reason 5,097
to believe may have a record of the expunged or sealed record. 5,098
Except as provided in division (K) of this section, an order to 5,099
seal or expunge under this section applies to every public office 5,100
or agency that has a record of the prior adjudication or arrest, 5,101
117
regardless of whether it receives notice of the hearing on the 5,102
expungement or sealing of the record or a copy of the order to 5,103
expunge or seal the record. Except as provided in division (K) 5,104
of this section, upon the written request of a person whose 5,105
record has been expunged and the presentation of a copy of the 5,107
order to expunge, a public office or agency shall destroy its 5,108
record of the prior adjudication or arrest, except a record of 5,109
the adjudication or arrest that is maintained for compiling 5,110
statistical data and that does not contain any reference to the 5,111
person who is the subject of the order to expunge. 5,112
(2) The person, or the public office or agency, that 5,114
maintains sealed records pertaining to an adjudication of a child 5,115
as a delinquent child may maintain a manual or computerized index 5,117
to the sealed records. The index shall contain only the name of,
and alphanumeric identifiers that relate to, the persons who are 5,119
the subject of the sealed records, the word "sealed," and the 5,120
name of the person, or the public office or agency that has 5,121
custody of the sealed records and shall not contain the name of 5,122
the delinquent act committed. The person who has custody of the 5,123
sealed records shall make the index available only for the
purposes set forth in divisions (E)(2) and (H) of this section. 5,124
(H) The judgment rendered by the court under this chapter 5,126
shall not impose any of the civil disabilities ordinarily imposed 5,127
by conviction of a crime in that the child is not a criminal by 5,128
reason of the adjudication and no child shall be charged with or 5,129
convicted of a crime in any court except as provided by this 5,130
chapter. The disposition of a child under the judgment rendered 5,131
or any evidence given in court shall not operate to disqualify a 5,132
child in any future civil service examination, appointment, or 5,133
application. Evidence of a judgment rendered and the disposition 5,134
of a child under the judgment is not admissible to impeach the 5,135
credibility of the child in any action or proceeding. Otherwise, 5,136
the disposition of a child under the judgment rendered or any 5,137
evidence given in court is admissible as evidence for or against 5,138
118
the child in any action or proceeding in any court in accordance 5,139
with the Rules of Evidence and also may be considered by any 5,140
court as to the matter of sentence or to the granting of 5,141
probation, and a court may consider the judgment rendered and the 5,142
disposition of a child under that judgment for purposes of 5,143
determining whether the child, for a future criminal conviction 5,144
or guilty plea, is a repeat violent offender, as defined in 5,145
section 2929.01 of the Revised Code.
(I) In any application for employment, license, or other 5,147
right or privilege, any appearance as a witness, or any other 5,148
inquiry, a person may not be questioned with respect to any 5,149
arrest for which the records were expunged. If an inquiry is 5,150
made in violation of this division, the person may respond as if 5,151
the expunged arrest did not occur, and the person shall not be 5,152
subject to any adverse action because of the arrest or the 5,153
response. 5,154
(J) An officer or employee of the state or any of its 5,156
political subdivisions who knowingly releases, disseminates, or 5,157
makes available for any purpose involving employment, bonding, 5,158
licensing, or education to any person or to any department, 5,159
agency, or other instrumentality of the state or of any of its 5,160
political subdivisions any information or other data concerning 5,161
any arrest, complaint, INDICTMENT, INFORMATION, trial, hearing, 5,163
adjudication, or correctional supervision, the records of which 5,164
have been expunged or sealed pursuant to this section and the 5,165
release, dissemination, or making available of which is not 5,166
expressly permitted by this section, is guilty of divulging 5,167
confidential information, a misdemeanor of the fourth degree. 5,168
(K) Notwithstanding any provision of this section that 5,170
requires otherwise, a board of education of a city, local, 5,171
exempted village, or joint vocational school district that 5,172
maintains records of an individual who has been permanently 5,173
excluded under sections 3301.121 and 3313.662 of the Revised Code 5,174
is permitted to maintain records regarding an adjudication that 5,175
119
the individual is a delinquent child that was used as the basis 5,176
for the individual's permanent exclusion, regardless of a court 5,177
order to seal the record. An order issued under this section to 5,178
seal the record of an adjudication that an individual is a 5,179
delinquent child does not revoke the adjudication order of the 5,180
superintendent of public instruction to permanently exclude the 5,181
individual who is the subject of the sealing order. An order 5,182
issued under this section to seal the record of an adjudication 5,183
that an individual is a delinquent child may be presented to a 5,184
district superintendent as evidence to support the contention 5,185
that the superintendent should recommend that the permanent 5,186
exclusion of the individual who is the subject of the sealing 5,187
order be revoked. Except as otherwise authorized by this 5,188
division and sections 3301.121 and 3313.662 of the Revised Code, 5,189
any school employee in possession of or having access to the 5,190
sealed adjudication records of an individual that were the basis 5,191
of a permanent exclusion of the individual is subject to division 5,192
(J) of this section. 5,193
Sec. 2151.359. (A)(1) In any proceeding in which a child 5,203
has been adjudicated a delinquent, AN unruly, abused, neglected, 5,204
or dependent child, on the application of a party, or on the 5,205
court's own motion, the court may make an order restraining or 5,206
otherwise controlling the conduct of any parent, guardian, or 5,207
other custodian in the relationship of that individual to the 5,208
child if the court finds both THAT AN ORDER OF THAT TYPE IS 5,209
NECESSARY TO DO EITHER of the following: 5,210
(a) An order of that nature is necessary to control 5,213
CONTROL any conduct or relationship that will be detrimental or 5,214
harmful to the child.
(b) That CONTROL ANY conduct or relationship THAT will 5,216
tend to defeat the execution of the order of disposition made or 5,218
to be made.
(2) The court shall give due notice of the application or 5,221
motion UNDER DIVISION (A) OF THIS SECTION, the grounds for the 5,223
120
application or motion, and an opportunity to be heard to the 5,224
person against whom an order under this division is directed. 5,226
THE ORDER MAY INCLUDE A REQUIREMENT THAT THE CHILD'S PARENT,
GUARDIAN, OR OTHER CUSTODIAN ENTER INTO A RECOGNIZANCE WITH 5,227
SUFFICIENT SURETY, CONDITIONED UPON THE FAITHFUL DISCHARGE OF ANY 5,228
CONDITIONS OR CONTROL REQUIRED BY THE COURT. 5,229
(B) The authority to make an order under division (A) of 5,231
this section and any order made under that authority is in 5,232
addition to the authority to make an order pursuant to division 5,233
(C)(2) of section 2151.354 or division (A)(24)(6)(b) of section 5,235
2151.355 2152.19 of the Revised Code and to any order made under 5,237
either division. 5,238
(C) A PERSON'S FAILURE TO COMPLY WITH ANY ORDER MADE BY 5,240
THE COURT UNDER THIS SECTION IS CONTEMPT OF COURT UNDER CHAPTER 5,241
2705. OF THE REVISED CODE.
Sec. 2151.3510. Before a juvenile court issues an order of 5,250
disposition pursuant to division (A)(1) of section 2151.354 or 5,251
2151.355 2152.19 of the Revised Code committing an unruly or 5,252
delinquent child to the custody of a public children services 5,255
agency, it shall give the agency notice in the manner prescribed 5,256
by the Juvenile Rules of the intended dispositional order. 5,257
Sec. 2151.36. When a child has been committed as provided 5,266
by this chapter OR CHAPTER 2152. OF THE REVISED CODE, the 5,267
juvenile court shall issue an order pursuant to sections 3113.21 5,268
to 3113.219 of the Revised Code requiring that the parent, 5,269
guardian, or person charged with the child's support pay for the 5,270
care, support, maintenance, and education of the child. The 5,272
juvenile court shall order that the parents, guardian, or person 5,273
pay for the expenses involved in providing orthopedic, medical, 5,275
or surgical treatment for, or for special care of, the child, 5,276
enter a judgment for the amount due, and enforce the judgment by 5,277
execution as in the court of common pleas.
Any expenses incurred for the care, support, maintenance, 5,279
education, orthopedic, medical, or surgical treatment, and 5,281
121
special care of a child who has a legal settlement in another 5,282
county shall be at the expense of the county of legal settlement 5,283
if the consent of the juvenile judge of the county of legal 5,284
settlement is first obtained. When the consent is obtained, the 5,285
board of county commissioners of the county in which the child 5,286
has a legal settlement shall reimburse the committing court for 5,287
the expenses out of its general fund. If the department of job 5,288
and family services considers it to be in the best interest of 5,290
any delinquent, dependent, unruly, abused, or neglected child who 5,291
has a legal settlement in a foreign state or country that the 5,292
child be returned to the state or country of legal settlement, 5,293
the juvenile court may commit the child to the department for the 5,294
child's return to that state or country. 5,295
Any expenses ordered by the court for the care, support, 5,298
maintenance, education, orthopedic, medical, or surgical
treatment, or special care of a dependent, neglected, abused, 5,300
unruly, or delinquent child or of a juvenile traffic offender
under this chapter OR CHAPTER 2152. OF THE REVISED CODE, except 5,302
the part of the expense that may be paid by the state or federal 5,304
government or paid by the parents, guardians, or person charged
with the child's support pursuant to this section, shall be paid 5,305
from the county treasury upon specifically itemized vouchers, 5,307
certified to by the judge. The court shall not be responsible 5,308
for any expenses resulting from the commitment of children to any 5,310
home, public children services agency, private child placing 5,311
agency, or other institution, association, or agency, unless the 5,312
court authorized the expenses at the time of commitment. 5,314
Sec. 2151.38. (A) When a child is committed to the legal 5,323
custody of the department of youth services, the jurisdiction of 5,324
the juvenile court with respect to the child so committed shall 5,325
cease and terminate at the time of commitment, except as provided 5,326
in divisions (B), (C), and (G) of this section. Subject to 5,328
divisions (B) and (C) of this section, sections 2151.353 and 5,329
2151.411 2151.412 to 2151.421 of the Revised Code, and any other 5,330
122
provision of law that specifies a different duration for a 5,332
dispositional order, all other dispositional orders made by the 5,334
court UNDER THIS CHAPTER shall be temporary and shall continue 5,335
for a period that is designated by the court in its order, until 5,336
terminated or modified by the court or until the child attains 5,337
twenty-one years of age.
The release authority of the department OF YOUTH SERVICES 5,339
shall not release the child from institutional care or 5,341
institutional care in a secure facility and as a result shall not 5,342
discharge the child or order the child's release on supervised 5,343
release prior to the expiration of the prescribed minimum period 5,346
of institutionalization or institutionalization in a secure 5,347
facility or prior to the child's attainment of twenty-one years 5,348
of age, whichever is applicable under the order of commitment, 5,349
except upon the order of a court pursuant to division (B) or (C) 5,352
of this section or in accordance with section 5139.54 of the 5,353
Revised Code. 5,354
(B)(1) If the department of youth services desires to 5,356
release a child during the first half of the prescribed minimum 5,357
term for which the child was committed to the department or, if 5,358
the child was committed to the department until the child attains 5,360
twenty-one years of age, during the first half of the prescribed 5,361
period of commitment that begins on the first day of commitment 5,362
and ends on the child's twenty-first birthday, it shall request 5,364
the court that committed the child to the department for a
judicial release of the child from institutional care or 5,365
institutional care in a secure facility. During the first half 5,367
of that prescribed minimum term or of that prescribed period of
commitment, whichever of those periods is applicable, the child 5,368
or the parents of the child also may request that court to grant 5,369
a judicial release of the child from institutional care or 5,370
institutional care in a secure facility. Upon receipt of a 5,371
request for a judicial release from the department, the child, or 5,372
the child's parent or upon its own motion, the court that 5,373
123
committed the child shall approve the judicial release from 5,374
institutional care or institutional care in a secure facility by 5,375
journal entry, shall schedule within twenty days after the 5,376
request is received a time for a hearing on whether the child is 5,377
to be released under a judicial release, or shall reject the 5,378
request by journal entry without conducting a hearing. If the 5,380
court rejects an initial request for a judicial release by the 5,381
child or the child's parent, the child or the child's parent may 5,382
make one additional request for a judicial release within the 5,384
first half of the applicable prescribed minimum term or 5,385
prescribed period of commitment. The child or the child's parent 5,386
may make the additional request no earlier than thirty days after 5,387
the filing of the prior request for a judicial release. Upon the 5,388
filing by the child or the child's parent of a second request for 5,390
a judicial release, the court shall either approve or disapprove
the judicial release by journal entry or schedule within twenty 5,393
days after the request is received a time for a hearing on
whether the child is to be released under a judicial release. 5,394
(2) If a court schedules a hearing under division (B)(1) 5,398
of this section to determine whether a child should be granted a 5,399
judicial release, the court shall give notice of the hearing to 5,400
the prosecutor involved in the case. In accordance with section 5,401
2930.16 of the Revised Code and if the victim has requested 5,404
notification, the prosecutor shall give notice of the hearing to 5,405
the victim of the delinquent act for which the child's commitment 5,406
to the legal custody of the department was imposed. The court 5,407
may order the department to deliver the child to the court on the 5,408
date set for the hearing and may order the department to present 5,409
to the court a report on the child's progress in the institution 5,410
to which the child was committed and recommendations for terms 5,411
and conditions of supervision of the child by the court after 5,413
release. The court may conduct the hearing without the child
being present. The court shall consider any statement of a 5,414
victim made pursuant to section 2930.14 or 2930.17 of the Revised 5,416
124
Code and any victim impact statement prepared pursuant to section 5,418
2151.355 of the Revised Code. The court shall determine at the 5,420
hearing whether the child should be granted a judicial release 5,421
from institutionalization or institutionalization in a secure 5,422
facility. After making a determination, the court shall notify 5,423
the victim of the determination in accordance with sections 5,424
2930.03 and 2930.16 of the Revised Code. If the court approves 5,427
the judicial release, the court shall order its staff to prepare 5,428
a written treatment and rehabilitation plan for the child that 5,429
may include any terms and conditions of the child's release that 5,430
were recommended by the department and approved by the court.
The committing court shall send the juvenile court of the county 5,432
in which the child is placed a copy of the recommended plan and 5,433
the terms and conditions set by the committing court. The court 5,434
of the county in which the child is placed may adopt the 5,435
recommended terms and conditions set by the committing court as 5,436
an order of the court and may add any additional consistent terms 5,437
and conditions it considers appropriate. If a child is granted a 5,438
judicial release, the judicial release discharges the child from 5,439
the custody of the department of youth services. 5,440
(C)(1) If a child is committed to the department of youth 5,442
services and has been in institutional care or institutional care 5,443
in a secure facility for more than one-half of the prescribed 5,444
minimum term for which the child was committed or, if the child 5,445
was committed to the department until the child attains 5,446
twenty-one years of age, for more than one-half of the prescribed 5,447
period of commitment that begins on the first day of commitment 5,448
and ends on the child's twenty-first birthday, if the prescribed 5,449
minimum period of institutionalization or other statutorily 5,451
required period of institutionalization has not expired, and if 5,452
the department of youth services desires to release the child 5,454
from institutional care or institutional care in a secure 5,455
facility, it shall request the court that committed the child for 5,456
an early release from institutional care or institutional care in 5,457
125
a secure facility.
During the applicable period commencing upon the expiration 5,459
of the first half of that prescribed minimum term or prescribed 5,461
period of commitment and ending upon the expiration of the 5,463
required minimum or other period of institutionalization or 5,464
institutionalization in a secure facility, the child or the 5,466
child's parent also may request the court that committed the 5,467
child to grant an early release. Upon the receipt of a request 5,468
from the department, the child, or the child's parent or upon its 5,469
own motion at any time during that period, the court shall 5,470
approve the early release by journal entry, shall schedule a time 5,471
within thirty days after receipt of the request for a hearing on 5,472
whether the child is to be released, or shall reject the request 5,474
by journal entry without conducting a hearing. If the court 5,475
rejects an initial request for early release by the child or the 5,476
child's parents, within the period prescribed in division (C)(1) 5,477
of this section, the child or the child's parent may make one or 5,478
more subsequent requests for early release but may make no more 5,479
than one request for early release during each period of ninety 5,480
days that the child is institutionalized or institutionalized in 5,481
a secure facility after the filing of a prior request for early 5,482
release. Upon the filing of a request for early release 5,483
subsequent to an initial request, the court shall either approve 5,484
or disapprove the early release by journal entry or schedule a 5,485
time within thirty days after receipt of the request for a 5,486
hearing on whether the child is to be released. 5,487
(2) If a court schedules a hearing under division (C)(1) 5,490
of this section to determine whether a child committed to the 5,491
department should be granted an early release, the court shall 5,492
give notice of the hearing to the prosecutor involved in the 5,493
case. In accordance with section 2930.16 of the Revised Code and 5,495
if the victim has requested notification, the prosecutor shall 5,496
give notice of the hearing to the victim of the delinquent act 5,497
for which the child's commitment to the legal custody of the 5,498
126
department was imposed. The court may order the department to 5,499
deliver the child to the court on the date set for the hearing 5,500
and shall order the department to present to the court at that 5,501
time a treatment plan for the child's post-institutional care. 5,502
The court may conduct the hearing without the child being 5,503
present. The court shall consider any statement of a victim made 5,504
pursuant to section 2930.14 or 2930.17 of the Revised Code and 5,507
any victim impact statement prepared pursuant to section 2151.355 5,508
of the Revised Code. The court shall determine at the hearing 5,511
whether the child should be granted an early release from 5,513
institutionalization or institutionalization in a secure
facility. After making a determination, the court shall notify 5,514
the victim of the determination in accordance with sections 5,515
2930.03 and 2930.16 of the Revised Code. If the court approves 5,517
the early release, the department shall prepare a written 5,518
treatment and rehabilitation plan for the child pursuant to 5,519
division (E) of this section that shall include the terms and 5,521
conditions of the child's release. It shall send the committing 5,522
court and the juvenile court of the county in which the child is 5,523
placed a copy of the plan and the terms and conditions that it 5,524
fixed. The court of the county in which the child is placed may 5,525
adopt the terms and conditions set by the department as an order 5,526
of the court and may add any additional consistent terms and 5,528
conditions it considers appropriate, provided that the court may 5,529
not add any term or condition that decreases the level or degree 5,530
of supervision specified by the department in its plan, that 5,531
substantially increases the financial burden of supervision that 5,532
will be experienced by the department, or that alters the 5,533
placement specified by the department in its plan. If the court 5,534
of the county in which the child is placed adds to the 5,535
department's plan any additional terms and conditions, it shall 5,536
enter those additional terms and conditions in its journal and 5,537
shall send to the department a copy of the journal entry of the 5,538
additional terms and conditions. 5,539
127
(3) If the court approves or grants an early release for a 5,542
child under division (C)(1) or (2) of this section, the actual 5,544
date on which the department of youth services shall release the 5,545
child from institutional care or institutional care in a secure 5,546
facility is contingent upon the department finding a suitable 5,547
placement for the child. If the child is to be returned to the 5,548
child's home, the department shall return the child to the home 5,549
on the date that the court schedules for the child's release or 5,550
shall bear the expense of any additional time that the child 5,551
remains in institutional care or institutional care in a secure 5,552
facility. If the child is unable to return to the child's home, 5,553
the department shall exercise reasonable diligence in finding a 5,554
suitable placement for the child, and the child shall remain in 5,555
institutional care or institutional care in a secure facility 5,556
while the department finds the suitable placement. 5,557
(D) If a child is released under division (B) or (C) of 5,560
this section and the court of the county in which the child is 5,561
placed has reason to believe that the child's deportment is not 5,562
in accordance with the post-release terms and conditions of the 5,564
child's judicial release or early release, the court of the 5,565
county in which the child is placed shall schedule a time for a 5,566
hearing to determine whether the child violated any of the 5,568
post-release terms and conditions, and, if the child was released 5,569
under division (C) of this section, divisions (A) to (E) of 5,570
section 5139.52 of the Revised Code apply regarding the child. 5,571
If that court determines at the hearing that the child violated 5,573
any of the post-release terms and conditions, the court, if it 5,574
determines that the violation of the terms and conditions was a 5,576
serious violation, may order the child to be returned to the 5,577
department for institutionalization or institutionalization in a 5,578
secure facility, consistent with the original order of commitment 5,579
of the child, or in any case may make any other disposition of 5,580
the child authorized by law that the court considers proper. If 5,581
the court of the county in which the child is placed orders the 5,582
128
child to be returned to a department of youth services 5,583
institution, the time during which the child was 5,584
institutionalized or institutionalized in a secure facility prior 5,585
to the child's judicial release or early release shall be 5,587
considered as time served in fulfilling the prescribed minimum 5,588
period or prescribed period of institutionalization or
institutionalization in a secure facility that is applicable to 5,590
the child under the child's original order of commitment. If the 5,591
court orders the child returned to a department of youth services 5,592
institution, the child shall remain in institutional care for a 5,593
minimum period of three months or until the child successfully 5,594
completes a revocation program of a duration of not less than 5,596
thirty days operated either by the department or by an entity 5,597
with whom the department has contracted to provide a revocation 5,599
program.
(E) The department of youth services, prior to the release 5,601
of a child pursuant to division (C) of this section, shall do all 5,603
of the following:
(1) After reviewing the child's rehabilitative progress 5,605
history and medical and educational records, prepare a written 5,606
treatment and rehabilitation plan for the child that shall 5,607
include terms and conditions of the release; 5,608
(2) Completely discuss the terms and conditions of the 5,610
plan prepared pursuant to division (E)(1) of this section and the 5,612
possible penalties for violation of the plan with the child and 5,613
the child's parents, guardian, or legal custodian; 5,614
(3) Have the plan prepared pursuant to division (E)(1) of 5,617
this section signed by the child, the child's parents, legal 5,618
guardian, or custodian, and any authority or person that is to 5,620
supervise, control, and provide supportive assistance to the 5,621
child at the time of the child's release pursuant to division (C) 5,622
of this section; 5,623
(4) File a copy of the plan prepared pursuant to division 5,626
(E)(1) of this section, prior to the child's release, with the 5,628
129
committing court and the juvenile court of the county in which 5,629
the child is to be placed.
(F) The department of youth services shall file a written 5,631
progress report with the committing court regarding each child 5,632
released pursuant to division (C) of this section, at least once 5,634
every thirty days unless specifically directed otherwise by the 5,635
court. The report shall indicate the treatment and 5,636
rehabilitative progress of the child and the child's family, if
applicable, and shall include any suggestions and recommendations 5,637
for alteration of the program, custody, living arrangements, or 5,638
treatment. The department shall retain legal custody of a child 5,639
so released until it discharges the child or until the custody is 5,640
terminated as otherwise provided by law. 5,641
(G)(1) As used in division (G)(2) of this section, 5,645
"release authority" and "supervised release" have the same 5,646
meanings as in section 5139.01 of the Revised Code. 5,647
(2) When a child is committed to the legal custody of the 5,649
department of youth services, the court retains jurisdiction to 5,650
perform the functions specified in section 5139.51 of the Revised 5,652
Code with respect to the granting of supervised release by the 5,654
release authority and to perform the functions specified in 5,655
section 5139.52 of the Revised Code with respect to violations of 5,658
the terms and conditions of supervised release granted by the
release authority and to the revocation of supervised release 5,660
granted by the release authority.
Sec. 2151.65. Upon the advice and recommendation of the 5,669
juvenile judge, the board of county commissioners may provide by 5,670
purchase, lease, construction, or otherwise a school, forestry 5,671
camp, or other facility or facilities where delinquent CHILDREN, 5,672
as defined in section 2151.02 2152.02 of the Revised Code, 5,673
dependent CHILDREN, abused CHILDREN, unruly CHILDREN, as defined 5,675
in section 2151.022 of the Revised Code, or neglected children or 5,677
juvenile traffic offenders may be held for training, treatment, 5,678
and rehabilitation. Upon the joint advice and recommendation of 5,679
130
the juvenile judges of two or more adjoining or neighboring 5,680
counties, the boards of county commissioners of such counties may 5,681
form themselves into a joint board and proceed to organize a 5,682
district for the establishment and support of a school, forestry 5,683
camp, or other facility or facilities for the use of the juvenile 5,684
courts of such counties, where delinquent, dependent, abused, 5,685
unruly, or neglected children, or juvenile traffic offenders may 5,686
be held for treatment, training, and rehabilitation, by using a 5,687
site or buildings already established in one such county, or by 5,688
providing for the purchase of a site and the erection of the 5,689
necessary buildings thereon. Such county or district school, 5,690
forestry camp, or other facility or facilities shall be 5,691
maintained as provided in sections 2151.01 to 2151.80 CHAPTERS 5,692
2151. AND 2152. of the Revised Code. Children who are adjudged to 5,694
be delinquent, dependent, neglected, abused, unruly, or juvenile 5,695
traffic offenders may be committed to and held in any such 5,696
school, forestry camp, or other facility or facilities for 5,697
training, treatment, and rehabilitation.
The juvenile court shall determine: 5,699
(A) The children to be admitted to any school, forestry 5,701
camp, or other facility maintained under this section; 5,702
(B) The period such children shall be trained, treated, 5,704
and rehabilitated at such facility; 5,705
(C) The removal and transfer of children from such 5,707
facility. 5,708
Sec. 2151.651. The board of county commissioners of a 5,717
county which, either separately or as part of a district, is 5,718
planning to establish a school, forestry camp, or other facility 5,719
under section 2151.65 of the Revised Code, to be used exclusively 5,720
for the rehabilitation of children between the ages of twelve to 5,721
eighteen years, other than psychotic or mentally retarded 5,722
children, who are designated delinquent CHILDREN, as defined in 5,723
section 2151.02 2152.02 of the Revised Code, or unruly CHILDREN, 5,726
as defined in section 2151.022 of the Revised Code, by order of a 5,727
131
juvenile court, may make application to the department of youth 5,728
services, created under division (B) of section 5139.01 of the 5,729
Revised Code, for financial assistance in defraying the county's 5,730
share of the cost of acquisition or construction of such school, 5,731
camp, or other facility, as provided in section 5139.27 of the 5,732
Revised Code. Such application shall be made on forms prescribed 5,733
and furnished by the department. 5,734
Sec. 2151.652. The board of county commissioners of a 5,743
county or the board of trustees of a district maintaining a 5,744
school, forestry camp, or other facility established under 5,745
section 2151.65 of the Revised Code, used exclusively for the 5,746
rehabilitation of children between the ages of twelve to eighteen 5,747
years, other than psychotic or mentally retarded children, who 5,748
are designated delinquent CHILDREN, as defined in section 2151.02 5,750
2152.02 of the Revised Code, or unruly CHILDREN, as defined in 5,751
section 2151.022 of the Revised Code, by order of a juvenile 5,752
court, may make application to the department of youth services, 5,753
created under division (B) of section 5139.01 of the Revised 5,754
Code, for financial assistance in defraying the cost of operating 5,755
and maintaining such school, forestry camp, or other facility, as 5,756
provided in section 5139.28 of the Revised Code. 5,757
Such application shall be made on forms prescribed and 5,759
furnished by the department. 5,760
Sec. 2151.655. (A) The taxing authority of a county may 5,769
issue general obligation securities of the county under Chapter 5,770
133. of the Revised Code to pay such county's share, either 5,771
separately or as a part of a district, of the cost of acquiring 5,772
schools, detention homes FACILITIES, forestry camps, or other 5,773
facilities, or any combination thereof, under section 2151.34 5,775
2152.41 or 2151.65 of the Revised Code, or of acquiring sites for 5,777
and constructing, enlarging, or otherwise improving such schools, 5,778
detention homes FACILITIES, forestry camps, other facilities, or 5,780
combinations thereof.
(B) The taxing authority of a detention home FACILITY 5,782
132
district, or a district organized under section 2151.65 of the 5,784
Revised Code, or of a combined district organized under sections 5,785
2151.34 2152.41 and 2151.65 of the Revised Code, may submit to 5,787
the electors of the district the question of issuing general 5,788
obligation bonds of the district to pay the cost of acquiring, 5,789
constructing, enlarging, or otherwise improving sites, buildings, 5,790
and facilities for any purposes for which the district was 5,791
organized. The election on such question shall be submitted and 5,792
held under section 133.18 of the Revised Code. 5,793
Sec. 2151.78. The board of county commissioners of any 5,802
county within a school, forestry camp, or other facility or 5,803
facilities district may, upon the recommendation of the juvenile 5,804
court of such county, withdraw from such district and dispose of 5,805
its interest in such school, forestry camp, or other facility or 5,806
facilities selling or leasing its right, title, and interest in 5,807
the site, buildings, furniture, and equipment to any counties in 5,808
the district, at such price and upon such terms as are agreed 5,809
upon among the boards of county commissioners of the counties 5,810
concerned. Section 307.10 of the Revised Code does not appy 5,811
APPLY to this section. The net proceeds of any such sale or 5,812
lease shall be paid into the treasury of the withdrawing county. 5,813
Any county withdrawing from such district or from a 5,815
combined district organized under sections 2151.34 2152.41 and 5,816
2151.65 of the Revised Code shall continue to have levied against 5,818
its tax duplicate any tax levied by the district during the 5,819
period in which the county was a member of the district for 5,820
current operating expenses, permanent improvements, or the 5,821
retirement of bonded indebtedness. Such levy shall continue to 5,822
be a levy against such duplicate of the county until such time 5,823
that it expires or is renewed. 5,824
Members of the board of trustees of a district school, 5,826
forestry camp, or other facility or facilities who are residents 5,827
of a county withdrawing from such district are deemed to have 5,828
resigned their positions upon the completion of the withdrawal 5,829
133
procedure provided by this section. Vacancies then created shall 5,830
be filled according to sections 2151.68 and 2151.74 of the 5,831
Revised Code. 5,832
Sec. 2151.79. The county auditor of the county having the 5,841
greatest population, or, with the unanimous concurrence of the 5,842
county auditors of the counties composing a facilities district, 5,843
the auditor of the county wherein the facility is located, shall 5,844
be the fiscal officer of a district organized under section 5,845
2151.65 of the Revised Code or a combined district organized
under sections 2151.34 2152.41 and 2151.65 of the Revised Code. 5,847
The county auditors of the several counties composing a school, 5,848
forestry camp, or other facility or facilities district, shall 5,849
meet at the district school, forestry camp, or other facility or 5,850
facilities not less than once in each six months, to review
accounts and to transact such other duties in connection with the 5,851
institution as pertain to the business of their office. 5,852
Sec. 2151.99. (A) Whoever violates division (D)(2) or (3) 5,861
of section 2151.313 or division (A)(1) or (H)(2) of section 5,862
2151.421 of the Revised Code is guilty of a misdemeanor of the 5,863
fourth degree.
(B) Whoever violates division (D)(1) of section 2151.313 5,865
of the Revised Code is guilty of a minor misdemeanor. 5,866
(C) Whoever violates division (G) of section 2151.62 of 5,869
the Revised Code is guilty of a minor misdemeanor.
Sec. 2152.01. (A) THE OVERRIDING PURPOSES FOR 5,871
DISPOSITIONS UNDER THIS CHAPTER ARE TO PROVIDE FOR THE CARE, 5,872
PROTECTION, AND MENTAL AND PHYSICAL DEVELOPMENT OF CHILDREN 5,873
SUBJECT TO THIS CHAPTER, PROTECT THE PUBLIC INTEREST AND SAFETY, 5,874
HOLD THE OFFENDER ACCOUNTABLE FOR THE OFFENDER'S ACTIONS, RESTORE 5,876
THE VICTIM, AND REHABILITATE THE OFFENDER. THESE PURPOSES SHALL 5,877
BE ACHIEVED BY A SYSTEM OF GRADUATED SANCTIONS AND SERVICES.
(B) DISPOSITIONS UNDER THIS CHAPTER SHALL BE REASONABLY 5,879
CALCULATED TO ACHIEVE THE OVERRIDING PURPOSES SET FORTH IN THIS 5,881
SECTION, COMMENSURATE WITH AND NOT DEMEANING TO THE SERIOUSNESS 5,882
134
OF THE DELINQUENT CHILD'S OR THE JUVENILE TRAFFIC OFFENDER'S 5,884
CONDUCT AND ITS IMPACT ON THE VICTIM, AND CONSISTENT WITH 5,885
DISPOSITIONS FOR SIMILAR ACTS COMMITTED BY SIMILAR DELINQUENT 5,886
CHILDREN AND JUVENILE TRAFFIC OFFENDERS. THE COURT SHALL NOT 5,887
BASE THE DISPOSITION ON THE RACE, ETHNIC BACKGROUND, GENDER, OR 5,888
RELIGION OF THE DELINQUENT CHILD OR JUVENILE TRAFFIC OFFENDER. 5,889
(C) TO THE EXTENT THEY DO NOT CONFLICT WITH THIS CHAPTER, 5,891
THE PROVISIONS OF CHAPTER 2151. OF THE REVISED CODE APPLY TO THE 5,892
PROCEEDINGS UNDER THIS CHAPTER. 5,893
Sec. 2152.02. AS USED IN THIS CHAPTER: 5,895
(A) "ACT CHARGED" MEANS THE ACT THAT IS IDENTIFIED IN A 5,897
COMPLAINT, INDICTMENT, OR INFORMATION ALLEGING THAT A CHILD IS A 5,899
DELINQUENT CHILD.
(B) "ADMITTED TO A DEPARTMENT OF YOUTH SERVICES FACILITY" 5,901
INCLUDES ADMISSION TO A FACILITY OPERATED, OR CONTRACTED FOR, BY 5,902
THE DEPARTMENT AND ADMISSION TO A COMPARABLE FACILITY OUTSIDE 5,903
THIS STATE BY ANOTHER STATE OR THE UNITED STATES. 5,904
(C)(1) "CHILD" MEANS A PERSON WHO IS UNDER EIGHTEEN YEARS 5,906
OF AGE, EXCEPT AS OTHERWISE PROVIDED IN DIVISIONS (C)(2) TO (6) 5,907
OF THIS SECTION. 5,908
(2) SUBJECT TO DIVISION (C)(3) OF THIS SECTION, ANY PERSON 5,910
WHO VIOLATES A FEDERAL OR STATE LAW OR A MUNICIPAL ORDINANCE 5,911
PRIOR TO ATTAINING EIGHTEEN YEARS OF AGE SHALL BE DEEMED A 5,912
"CHILD" IRRESPECTIVE OF THAT PERSON'S AGE AT THE TIME THE 5,913
COMPLAINT WITH RESPECT TO THAT VIOLATION IS FILED OR THE HEARING 5,914
ON THE COMPLAINT IS HELD. 5,915
(3) ANY PERSON WHO, WHILE UNDER EIGHTEEN YEARS OF AGE, 5,917
COMMITS AN ACT THAT WOULD BE A FELONY IF COMMITTED BY AN ADULT 5,918
AND WHO IS NOT TAKEN INTO CUSTODY OR APPREHENDED FOR THAT ACT 5,919
UNTIL AFTER THE PERSON ATTAINS TWENTY-ONE YEARS OF AGE IS NOT A 5,920
CHILD IN RELATION TO THAT ACT.
(4) ANY PERSON WHOSE CASE IS TRANSFERRED FOR CRIMINAL 5,922
PROSECUTION PURSUANT TO SECTION 2152.12 OF THE REVISED CODE SHALL 5,923
BE DEEMED AFTER THE TRANSFER NOT TO BE A CHILD IN THE TRANSFERRED 5,924
135
CASE.
(5) ANY PERSON WHOSE CASE IS TRANSFERRED FOR CRIMINAL 5,926
PROSECUTION PURSUANT TO SECTION 2152.12 OF THE REVISED CODE AND 5,927
WHO SUBSEQUENTLY IS CONVICTED OF OR PLEADS GUILTY TO A FELONY IN 5,928
THAT CASE, AND ANY PERSON WHO IS ADJUDICATED A DELINQUENT CHILD 5,930
FOR THE COMMISSION OF AN ACT, WHO HAS A SERIOUS YOUTHFUL OFFENDER 5,931
DISPOSITIONAL SENTENCE IMPOSED FOR THE ACT PURSUANT TO SECTION 5,932
2152.13 OF THE REVISED CODE, AND WHOSE ADULT PORTION OF THE 5,933
DISPOSITIONAL SENTENCE IS INVOKED PURSUANT TO SECTION 2152.14 OF 5,934
THE REVISED CODE, SHALL BE DEEMED AFTER THE TRANSFER OR 5,936
INVOCATION NOT TO BE A CHILD IN ANY CASE IN WHICH A COMPLAINT IS 5,937
FILED AGAINST THE PERSON.
(6) THE JUVENILE COURT HAS JURISDICTION OVER A PERSON WHO 5,939
IS ADJUDICATED A DELINQUENT CHILD OR JUVENILE TRAFFIC OFFENDER 5,940
PRIOR TO ATTAINING EIGHTEEN YEARS OF AGE UNTIL THE PERSON ATTAINS 5,941
TWENTY-ONE YEARS OF AGE, AND, FOR PURPOSES OF THAT JURISDICTION 5,942
RELATED TO THAT ADJUDICATION, A PERSON WHO IS SO ADJUDICATED A 5,943
DELINQUENT CHILD OR JUVENILE TRAFFIC OFFENDER SHALL BE DEEMED A 5,944
"CHILD" UNTIL THE PERSON ATTAINS TWENTY-ONE YEARS OF AGE. 5,945
(D) "CHRONIC TRUANT" MEANS ANY CHILD OF COMPULSORY SCHOOL 5,947
AGE WHO IS ABSENT WITHOUT LEGITIMATE EXCUSE FOR ABSENCE FROM THE 5,948
PUBLIC SCHOOL THE CHILD IS SUPPOSED TO ATTEND FOR SEVEN OR MORE 5,949
CONSECUTIVE SCHOOL DAYS, TEN OR MORE SCHOOL DAYS IN ONE SCHOOL 5,950
MONTH, OR FIFTEEN OR MORE SCHOOL DAYS IN A SCHOOL YEAR. 5,952
(E) "COMMUNITY CORRECTIONS FACILITY," "PUBLIC SAFETY 5,954
BEDS," "RELEASE AUTHORITY," AND "SUPERVISED RELEASE" HAVE THE 5,955
SAME MEANINGS AS IN SECTION 5139.01 OF THE REVISED CODE. 5,956
(F) "DELINQUENT CHILD" INCLUDES ANY OF THE FOLLOWING: 5,958
(1) ANY CHILD, EXCEPT A JUVENILE TRAFFIC OFFENDER, WHO 5,960
VIOLATES ANY LAW OF THIS STATE OR THE UNITED STATES, OR ANY 5,961
ORDINANCE OF A POLITICAL SUBDIVISION OF THE STATE, THAT WOULD BE 5,963
AN OFFENSE IF COMMITTED BY AN ADULT; 5,964
(2) ANY CHILD WHO VIOLATES ANY LAWFUL ORDER OF THE COURT 5,966
MADE UNDER THIS CHAPTER OR UNDER CHAPTER 2151. OF THE REVISED 5,968
136
CODE;
(3) ANY CHILD WHO VIOLATES DIVISION (A) OF SECTION 5,970
2923.211 OF THE REVISED CODE; 5,971
(4) ANY CHILD WHO IS A HABITUAL TRUANT AND WHO PREVIOUSLY 5,973
HAS BEEN ADJUDICATED AN UNRULY CHILD FOR BEING A HABITUAL TRUANT; 5,974
(5) ANY CHILD WHO IS A CHRONIC TRUANT. 5,976
(G) "DISCRETIONARY SERIOUS YOUTHFUL OFFENDER" MEANS A 5,979
PERSON WHO IS ELIGIBLE FOR A DISCRETIONARY SYO AND WHO IS NOT 5,980
TRANSFERRED TO ADULT COURT UNDER A MANDATORY OR DISCRETIONARY 5,981
TRANSFER.
(H) "DISCRETIONARY SYO" MEANS A CASE IN WHICH THE JUVENILE 5,984
COURT, IN THE JUVENILE COURT'S DISCRETION, MAY IMPOSE A SERIOUS 5,986
YOUTHFUL OFFENDER DISPOSITION UNDER SECTION 2152.13 OF THE 5,987
REVISED CODE.
(I) "DISCRETIONARY TRANSFER" MEANS THAT THE JUVENILE COURT 5,989
HAS DISCRETION TO TRANSFER A CASE FOR CRIMINAL PROSECUTION UNDER 5,990
DIVISION (B) OF SECTION 2152.12 OF THE REVISED CODE. 5,991
(J) "DRUG ABUSE OFFENSE," "FELONY DRUG ABUSE OFFENSE," AND 5,993
"MINOR DRUG POSSESSION OFFENSE" HAVE THE SAME MEANINGS AS IN 5,994
SECTION 2925.01 OF THE REVISED CODE. 5,995
(K) "ELECTRONIC MONITORING DEVICE," "CERTIFIED ELECTRONIC 5,997
MONITORING DEVICE," "ELECTRONICALLY MONITORED HOUSE ARREST," 5,998
"ELECTRONIC MONITORING SYSTEM," AND "CERTIFIED ELECTRONIC 5,999
MONITORING SYSTEM" HAVE THE SAME MEANINGS AS IN SECTION 2929.23 6,000
OF THE REVISED CODE.
(L) "ECONOMIC LOSS" MEANS ANY ECONOMIC DETRIMENT SUFFERED 6,002
BY A VICTIM OF A DELINQUENT ACT AS A RESULT OF THE DELINQUENT ACT 6,003
AND INCLUDES ANY LOSS OF INCOME DUE TO LOST TIME AT WORK BECAUSE 6,004
OF ANY INJURY CAUSED TO THE VICTIM AND ANY PROPERTY LOSS, MEDICAL 6,005
COST, OR FUNERAL EXPENSE INCURRED AS A RESULT OF THE DELINQUENT 6,006
ACT. 6,007
(M) "FIREARM" HAS THE SAME MEANING AS IN SECTION 2923.11 6,009
OF THE REVISED CODE. 6,010
(N) "JUVENILE TRAFFIC OFFENDER" MEANS ANY CHILD WHO 6,012
137
VIOLATES ANY TRAFFIC LAW, TRAFFIC ORDINANCE, OR TRAFFIC 6,013
REGULATION OF THIS STATE, THE UNITED STATES, OR ANY POLITICAL 6,014
SUBDIVISION OF THIS STATE, OTHER THAN A RESOLUTION, ORDINANCE, OR 6,015
REGULATION OF A POLITICAL SUBDIVISION OF THIS STATE THE VIOLATION 6,016
OF WHICH IS REQUIRED TO BE HANDLED BY A PARKING VIOLATIONS BUREAU 6,017
OR A JOINT PARKING VIOLATIONS BUREAU PURSUANT TO CHAPTER 4521. OF 6,018
THE REVISED CODE.
(O) A "LEGITIMATE EXCUSE FOR ABSENCE FROM THE PUBLIC 6,020
SCHOOL THE CHILD IS SUPPOSED TO ATTEND" HAS THE SAME MEANING AS 6,021
IN SECTION 2151.011 OF THE REVISED CODE.
(P) "MANDATORY SERIOUS YOUTHFUL OFFENDER" MEANS A PERSON 6,024
WHO IS ELIGIBLE FOR A MANDATORY SYO AND WHO IS NOT TRANSFERRED TO 6,025
ADULT COURT UNDER A MANDATORY OR DISCRETIONARY TRANSFER. 6,026
(Q) "MANDATORY SYO" MEANS A CASE IN WHICH THE JUVENILE 6,029
COURT IS REQUIRED TO IMPOSE A MANDATORY SERIOUS YOUTHFUL OFFENDER 6,030
DISPOSITION UNDER SECTION 2152.13 OF THE REVISED CODE. 6,032
(R) "MANDATORY TRANSFER" MEANS THAT A CASE IS REQUIRED TO 6,034
BE TRANSFERRED FOR CRIMINAL PROSECUTION UNDER DIVISION (A) OF 6,035
SECTION 2152.12 OF THE REVISED CODE. 6,036
(S) "MENTAL ILLNESS" HAS THE SAME MEANING AS IN SECTION 6,038
5122.01 OF THE REVISED CODE. 6,039
(T) "MENTALLY RETARDED PERSON" HAS THE SAME MEANING AS IN 6,041
SECTION 5123.01 OF THE REVISED CODE. 6,042
(U) "MONITORED TIME" AND "REPEAT VIOLENT OFFENDER" HAVE 6,044
THE SAME MEANINGS AS IN SECTION 2929.01 OF THE REVISED CODE. 6,045
(V) "OF COMPULSORY SCHOOL AGE" HAS THE SAME MEANING AS IN 6,047
SECTION 3321.01 OF THE REVISED CODE. 6,048
(W) "PUBLIC RECORD" HAS THE SAME MEANING AS IN SECTION 6,050
149.43 OF THE REVISED CODE. 6,051
(X) "SERIOUS YOUTHFUL OFFENDER" MEANS A PERSON WHO IS 6,054
ELIGIBLE FOR A MANDATORY SYO OR DISCRETIONARY SYO BUT WHO IS NOT 6,055
TRANSFERRED TO ADULT COURT UNDER A MANDATORY OR DISCRETIONARY 6,056
TRANSFER.
(Y) "SEXUALLY ORIENTED OFFENSE" HAS THE SAME MEANING AS IN 6,058
138
SECTION 2950.01 OF THE REVISED CODE. 6,059
(Z) "TRADITIONAL JUVENILE" MEANS A CASE THAT IS NOT 6,061
TRANSFERRED TO ADULT COURT UNDER A MANDATORY OR DISCRETIONARY 6,062
TRANSFER, THAT IS ELIGIBLE FOR A DISPOSITION UNDER SECTIONS 6,066
2152.16, 2152.17, 2152.19, AND 2152.20 OF THE REVISED CODE, AND 6,067
THAT IS NOT ELIGIBLE FOR A DISPOSITION UNDER SECTION 2152.13 OF 6,070
THE REVISED CODE. 6,071
(AA) "TRANSFER" MEANS THE TRANSFER FOR CRIMINAL 6,073
PROSECUTION OF A CASE INVOLVING THE ALLEGED COMMISSION BY A CHILD 6,074
OF AN ACT THAT WOULD BE AN OFFENSE IF COMMITTED BY AN ADULT FROM 6,075
THE JUVENILE COURT TO THE APPROPRIATE COURT THAT HAS JURISDICTION 6,076
OF THE OFFENSE. 6,077
(BB) "CATEGORY ONE OFFENSE" MEANS ANY OF THE FOLLOWING: 6,079
(1) A VIOLATION OF SECTION 2903.01 OR 2903.02 OF THE 6,081
REVISED CODE; 6,082
(2) A VIOLATION OF SECTION 2923.02 OF THE REVISED CODE 6,084
INVOLVING AN ATTEMPT TO COMMIT AGGRAVATED MURDER OR MURDER. 6,086
(CC) "CATEGORY TWO OFFENSE" MEANS ANY OF THE FOLLOWING: 6,088
(1) A VIOLATION OF SECTION 2903.03, 2905.01, 2907.02, 6,090
2909.02, 2911.01, OR 2911.11 OF THE REVISED CODE; 6,091
(2) A VIOLATION OF SECTION 2903.04 OF THE REVISED CODE 6,093
THAT IS A FELONY OF THE FIRST DEGREE; 6,095
(3) A VIOLATION OF SECTION 2907.12 OF THE REVISED CODE AS 6,098
IT EXISTED PRIOR TO SEPTEMBER 3, 1996. 6,099
Sec. 2152.021. (A)(1) SUBJECT TO DIVISION (A)(2) OF THIS 6,102
SECTION, ANY PERSON HAVING KNOWLEDGE OF A CHILD WHO APPEARS TO BE 6,103
A JUVENILE TRAFFIC OFFENDER OR TO BE A DELINQUENT CHILD MAY FILE 6,104
A SWORN COMPLAINT WITH RESPECT TO THAT CHILD IN THE JUVENILE
COURT OF THE COUNTY IN WHICH THE CHILD HAS A RESIDENCE OR LEGAL 6,105
SETTLEMENT OR IN WHICH THE TRAFFIC OFFENSE OR DELINQUENT ACT 6,106
ALLEGEDLY OCCURRED. THE SWORN COMPLAINT MAY BE UPON INFORMATION 6,107
AND BELIEF, AND, IN ADDITION TO THE ALLEGATION THAT THE CHILD IS 6,108
A DELINQUENT CHILD OR A JUVENILE TRAFFIC OFFENDER, THE COMPLAINT 6,109
SHALL ALLEGE THE PARTICULAR FACTS UPON WHICH THE ALLEGATION THAT 6,110
139
THE CHILD IS A DELINQUENT CHILD OR A JUVENILE TRAFFIC OFFENDER IS 6,111
BASED.
IF A CHILD APPEARS TO BE A DELINQUENT CHILD WHO IS ELIGIBLE 6,113
FOR A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE UNDER 6,114
SECTION 2152.11 OF THE REVISED CODE AND IF THE PROSECUTING 6,115
ATTORNEY DESIRES TO SEEK A SERIOUS YOUTHFUL OFFENDER 6,117
DISPOSITIONAL SENTENCE UNDER SECTION 2152.13 OF THE REVISED CODE 6,119
IN REGARD TO THE CHILD, THE PROSECUTING ATTORNEY OF THE COUNTY IN 6,120
WHICH THE ALLEGED DELINQUENCY OCCURS MAY INITIATE A CASE IN THE 6,122
JUVENILE COURT OF THE COUNTY BY PRESENTING THE CASE TO A GRAND 6,123
JURY FOR INDICTMENT, BY CHARGING THE CHILD IN A BILL OF 6,125
INFORMATION AS A SERIOUS YOUTHFUL OFFENDER PURSUANT TO SECTION 6,126
2152.13 OF THE REVISED CODE, BY REQUESTING A SERIOUS YOUTHFUL 6,128
OFFENDER DISPOSITIONAL SENTENCE IN THE ORIGINAL COMPLAINT
ALLEGING THAT THE CHILD IS A DELINQUENT CHILD, OR BY FILING WITH 6,130
THE JUVENILE COURT A WRITTEN NOTICE OF INTENT TO SEEK A SERIOUS 6,131
YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE. 6,132
(2) ANY PERSON HAVING KNOWLEDGE OF A CHILD WHO APPEARS TO 6,134
BE A DELINQUENT CHILD FOR BEING AN HABITUAL OR CHRONIC TRUANT MAY 6,135
FILE A SWORN COMPLAINT WITH RESPECT TO THAT CHILD AND THE PARENT, 6,137
GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD IN THE 6,138
JUVENILE COURT OF THE COUNTY IN WHICH THE CHILD HAS A RESIDENCE 6,139
OR LEGAL SETTLEMENT OR IN WHICH THE CHILD IS SUPPOSED TO ATTEND 6,140
PUBLIC SCHOOL. THE SWORN COMPLAINT MAY BE UPON INFORMATION AND 6,141
BELIEF AND SHALL CONTAIN THE FOLLOWING ALLEGATIONS: 6,142
(a) THAT THE CHILD IS A DELINQUENT CHILD FOR BEING A 6,144
CHRONIC TRUANT OR AN HABITUAL TRUANT WHO PREVIOUSLY HAS BEEN 6,145
ADJUDICATED AN UNRULY CHILD FOR BEING A HABITUAL TRUANT AND, IN 6,147
ADDITION, THE PARTICULAR FACTS UPON WHICH THAT ALLEGATION IS 6,148
BASED;
(b) THAT THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE 6,150
OF THE CHILD HAS FAILED TO CAUSE THE CHILD'S ATTENDANCE AT SCHOOL 6,151
IN VIOLATION OF SECTION 3321.38 OF THE REVISED CODE AND, IN 6,152
ADDITION, THE PARTICULAR FACTS UPON WHICH THAT ALLEGATION IS 6,153
140
BASED.
(B) ANY PERSON WITH STANDING UNDER APPLICABLE LAW MAY FILE 6,155
A COMPLAINT FOR THE DETERMINATION OF ANY OTHER MATTER OVER WHICH 6,156
THE JUVENILE COURT IS GIVEN JURISDICTION BY SECTION 2151.23 OF 6,157
THE REVISED CODE. THE COMPLAINT SHALL BE FILED IN THE COUNTY IN 6,159
WHICH THE CHILD WHO IS THE SUBJECT OF THE COMPLAINT IS FOUND OR 6,160
WAS LAST KNOWN TO BE FOUND. 6,161
(C) WITHIN TEN DAYS AFTER THE FILING OF A COMPLAINT OR THE 6,163
ISSUANCE OF AN INDICTMENT, THE COURT SHALL GIVE WRITTEN NOTICE OF 6,165
THE FILING OF THE COMPLAINT OR THE ISSUANCE OF AN INDICTMENT AND 6,166
OF THE SUBSTANCE OF THE COMPLAINT OR INDICTMENT TO THE
SUPERINTENDENT OF A CITY, LOCAL, EXEMPTED VILLAGE, OR JOINT 6,168
VOCATIONAL SCHOOL DISTRICT IF THE COMPLAINT OR INDICTMENT ALLEGES 6,169
THAT A CHILD COMMITTED AN ACT THAT WOULD BE A CRIMINAL OFFENSE IF 6,171
COMMITTED BY AN ADULT, THAT THE CHILD WAS SIXTEEN YEARS OF AGE OR 6,172
OLDER AT THE TIME OF THE COMMISSION OF THE ALLEGED ACT, AND THAT 6,173
THE ALLEGED ACT IS ANY OF THE FOLLOWING:
(1) A VIOLATION OF SECTION 2923.122 OF THE REVISED CODE 6,175
THAT RELATES TO PROPERTY OWNED OR CONTROLLED BY, OR TO AN 6,177
ACTIVITY HELD UNDER THE AUSPICES OF, THE BOARD OF EDUCATION OF 6,178
THAT SCHOOL DISTRICT;
(2) A VIOLATION OF SECTION 2923.12 OF THE REVISED CODE, OF 6,181
A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE, OR OF SECTION 6,182
2925.03 OF THE REVISED CODE THAT WAS COMMITTED ON PROPERTY OWNED 6,183
OR CONTROLLED BY, OR AT AN ACTIVITY HELD UNDER THE AUSPICES OF, 6,184
THE BOARD OF EDUCATION OF THAT SCHOOL DISTRICT; 6,185
(3) A VIOLATION OF SECTION 2925.11 OF THE REVISED CODE 6,187
THAT WAS COMMITTED ON PROPERTY OWNED OR CONTROLLED BY, OR AT AN 6,189
ACTIVITY HELD UNDER THE AUSPICES OF, THE BOARD OF EDUCATION OF 6,190
THAT SCHOOL DISTRICT, OTHER THAN A VIOLATION OF THAT SECTION THAT 6,191
WOULD BE A MINOR DRUG POSSESSION OFFENSE IF COMMITTED BY AN 6,193
ADULT;
(4) A VIOLATION OF SECTION 2903.01, 2903.02, 2903.03, 6,195
2903.04, 2903.11, 2903.12, 2907.02, OR 2907.05 OF THE REVISED 6,196
141
CODE, OR A VIOLATION OF FORMER SECTION 2907.12 OF THE REVISED 6,198
CODE, THAT WAS COMMITTED ON PROPERTY OWNED OR CONTROLLED BY, OR 6,200
AT AN ACTIVITY HELD UNDER THE AUSPICES OF, THE BOARD OF EDUCATION
OF THAT SCHOOL DISTRICT, IF THE VICTIM AT THE TIME OF THE 6,201
COMMISSION OF THE ALLEGED ACT WAS AN EMPLOYEE OF THE BOARD OF 6,202
EDUCATION OF THAT SCHOOL DISTRICT; 6,203
(5) COMPLICITY IN ANY VIOLATION DESCRIBED IN DIVISION 6,205
(C)(1), (2), (3), OR (4) OF THIS SECTION THAT WAS ALLEGED TO HAVE 6,206
BEEN COMMITTED IN THE MANNER DESCRIBED IN DIVISION (C)(1), (2), 6,207
(3), OR (4) OF THIS SECTION, REGARDLESS OF WHETHER THE ACT OF 6,208
COMPLICITY WAS COMMITTED ON PROPERTY OWNED OR CONTROLLED BY, OR 6,210
AT AN ACTIVITY HELD UNDER THE AUSPICES OF, THE BOARD OF EDUCATION 6,211
OF THAT SCHOOL DISTRICT. 6,212
(D) A PUBLIC CHILDREN SERVICES AGENCY, ACTING PURSUANT TO 6,214
A COMPLAINT OR AN ACTION ON A COMPLAINT FILED UNDER THIS SECTION, 6,215
IS NOT SUBJECT TO THE REQUIREMENTS OF SECTION 3109.27 OF THE 6,217
REVISED CODE.
(E) FOR PURPOSES OF THE RECORD TO BE MAINTAINED BY THE 6,219
CLERK UNDER DIVISION (B) OF SECTION 2152.71 OF THE REVISED CODE, 6,221
WHEN A COMPLAINT IS FILED THAT ALLEGES THAT A CHILD IS A 6,222
DELINQUENT CHILD, THE COURT SHALL DETERMINE IF THE VICTIM OF THE 6,223
ALLEGED DELINQUENT ACT WAS SIXTY-FIVE YEARS OF AGE OR OLDER OR 6,224
PERMANENTLY AND TOTALLY DISABLED AT THE TIME OF THE ALLEGED 6,225
COMMISSION OF THE ACT. 6,226
Sec. 2151.25 2152.03. When a child is arrested under any 6,235
charge, complaint, affidavit, or indictment for a felony or a 6,237
misdemeanor, proceedings regarding the child initially shall be 6,239
in the juvenile court in accordance with this chapter. If the 6,240
child is taken before a judge of a county court, a mayor, a judge 6,241
of a municipal court, or a judge of a court of common pleas other 6,243
than a juvenile court, the judge of the county court, mayor, 6,245
judge of the municipal court, or judge of the court of common 6,246
pleas shall transfer the case to the juvenile court, and, upon 6,247
the transfer, the proceedings shall be in accordance with this 6,249
142
chapter. Upon the transfer, all further proceedings under the 6,250
charge, complaint, information, or indictment shall be 6,251
discontinued in the court of the judge of the county court, 6,252
mayor, municipal judge, or judge of the court of common pleas 6,254
other than a juvenile court subject to section 2151.26 2152.12 of 6,255
the Revised Code, and the. THE case relating to the child then 6,257
shall be within the exclusive jurisdiction of the juvenile court, 6,259
subject to section 2151.26 2152.12 of the Revised Code. 6,261
Sec. 2152.04. A CHILD WHO IS ALLEGED TO BE, OR WHO IS 6,263
ADJUDICATED, A DELINQUENT CHILD MAY BE CONFINED IN A PLACE OF 6,264
JUVENILE DETENTION PROVIDED UNDER SECTION 2152.41 OF THE REVISED 6,265
CODE FOR A PERIOD NOT TO EXCEED NINETY DAYS, DURING WHICH TIME A 6,266
SOCIAL HISTORY MAY BE PREPARED TO INCLUDE COURT RECORD, FAMILY
HISTORY, PERSONAL HISTORY, SCHOOL AND ATTENDANCE RECORDS, AND ANY 6,267
OTHER PERTINENT STUDIES AND MATERIAL THAT WILL BE OF ASSISTANCE 6,268
TO THE JUVENILE COURT IN ITS DISPOSITION OF THE CHARGES AGAINST 6,269
THAT ALLEGED OR ADJUDICATED DELINQUENT CHILD. 6,270
Sec. 2152.10. (A) A CHILD WHO IS ALLEGED TO BE A 6,272
DELINQUENT CHILD IS ELIGIBLE FOR MANDATORY TRANSFER AND SHALL BE 6,273
TRANSFERRED AS PROVIDED IN SECTION 2152.12 OF THE REVISED CODE IN 6,275
ANY OF THE FOLLOWING CIRCUMSTANCES: 6,276
(1) THE CHILD IS CHARGED WITH A CATEGORY ONE OFFENSE AND 6,278
EITHER OF THE FOLLOWING APPLY: 6,279
(a) THE CHILD WAS SIXTEEN YEARS OF AGE OR OLDER AT THE 6,281
TIME OF THE ACT CHARGED. 6,282
(b) THE CHILD WAS FOURTEEN OR FIFTEEN YEARS OF AGE AT THE 6,286
TIME OF THE ACT CHARGED AND PREVIOUSLY WAS ADJUDICATED A 6,287
DELINQUENT CHILD FOR COMMITTING AN ACT THAT IS A CATEGORY ONE OR 6,288
CATEGORY TWO OFFENSE AND WAS COMMITTED TO THE LEGAL CUSTODY OF 6,290
THE DEPARTMENT OF YOUTH SERVICES UPON THE BASIS OF THAT
ADJUDICATION. 6,291
(2) THE CHILD IS CHARGED WITH A CATEGORY TWO OFFENSE, 6,293
OTHER THAN A VIOLATION OF SECTION 2905.01 OF THE REVISED CODE, 6,294
THE CHILD WAS SIXTEEN YEARS OF AGE OR OLDER AT THE TIME OF THE 6,295
143
COMMISSION OF THE ACT CHARGED, AND EITHER OR BOTH OF THE 6,296
FOLLOWING APPLY:
(a) THE CHILD PREVIOUSLY WAS ADJUDICATED A DELINQUENT CHILD 6,298
FOR COMMITTING AN ACT THAT IS A CATEGORY ONE OR A CATEGORY TWO 6,299
OFFENSE AND WAS COMMITTED TO THE LEGAL CUSTODY OF THE DEPARTMENT 6,300
OF YOUTH SERVICES ON THE BASIS OF THAT ADJUDICATION. 6,301
(b) THE CHILD IS ALLEGED TO HAVE HAD A FIREARM ON OR ABOUT 6,303
THE CHILD'S PERSON OR UNDER THE CHILD'S CONTROL WHILE COMMITTING 6,304
THE ACT CHARGED AND TO HAVE DISPLAYED THE FIREARM, INDICATED 6,305
POSSESSION OF THE FIREARM, OR USED THE FIREARM TO FACILITATE THE 6,306
COMMISSION OF THE ACT CHARGED.
(3) DIVISION (A)(2) OF SECTION 2152.12 OF THE REVISED CODE 6,309
APPLIES. 6,310
(B) UNLESS THE CHILD IS SUBJECT TO MANDATORY TRANSFER, IF 6,312
A CHILD IS FOURTEEN YEARS OF AGE OR OLDER AT THE TIME OF THE ACT 6,313
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 6,314
DISCRETIONARY TRANSFER TO THE APPROPRIATE COURT FOR CRIMINAL 6,315
PROSECUTION. IN DETERMINING WHETHER TO TRANSFER THE CHILD FOR 6,316
CRIMINAL PROSECUTION, THE JUVENILE COURT SHALL FOLLOW THE 6,317
PROCEDURES IN SECTION 2152.12 OF THE REVISED CODE. IF THE COURT 6,318
DOES NOT TRANSFER THE CHILD AND IF THE COURT ADJUDICATES THE 6,319
CHILD TO BE A DELINQUENT CHILD FOR THE ACT CHARGED, THE COURT 6,320
SHALL ISSUE AN ORDER OF DISPOSITION IN ACCORDANCE WITH SECTION 6,321
2152.11 OF THE REVISED CODE. 6,322
Sec. 2152.11. (A) A CHILD WHO IS ADJUDICATED A DELINQUENT 6,324
CHILD FOR COMMITTING AN ACT THAT WOULD BE A FELONY IF COMMITTED 6,325
BY AN ADULT IS ELIGIBLE FOR A PARTICULAR TYPE OF DISPOSITION 6,327
UNDER THIS SECTION IF THE CHILD WAS NOT TRANSFERRED UNDER SECTION 6,328
2152.12 OF THE REVISED CODE. IF THE COMPLAINT, INDICTMENT, OR 6,330
INFORMATION CHARGING THE ACT INCLUDES ONE OR MORE OF THE 6,332
FOLLOWING FACTORS, THE ACT IS CONSIDERED TO BE ENHANCED, AND THE 6,333
CHILD IS ELIGIBLE FOR A MORE RESTRICTIVE DISPOSITION UNDER THIS 6,334
SECTION;
144
(1) THE ACT CHARGED AGAINST THE CHILD WOULD BE AN OFFENSE 6,336
OF VIOLENCE IF COMMITTED BY AN ADULT. 6,337
(2) DURING THE COMMISSION OF THE ACT CHARGED, THE CHILD 6,339
USED A FIREARM, DISPLAYED A FIREARM, BRANDISHED A FIREARM, OR 6,341
INDICATED THAT THE CHILD POSSESSED A FIREARM AND ACTUALLY 6,342
POSSESSED A FIREARM.
(3) THE CHILD PREVIOUSLY WAS ADMITTED TO A DEPARTMENT OF 6,344
YOUTH SERVICES FACILITY FOR THE COMMISSION OF AN ACT THAT WOULD 6,345
HAVE BEEN AGGRAVATED MURDER, MURDER, A FELONY OF THE FIRST OR 6,346
SECOND DEGREE IF COMMITTED BY AN ADULT, OR AN ACT THAT WOULD HAVE 6,348
BEEN A FELONY OF THE THIRD DEGREE AND AN OFFENSE OF VIOLENCE IF 6,349
COMMITTED BY AN ADULT.
(B) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 6,352
COMMITTING AN ACT THAT WOULD BE AGGRAVATED MURDER OR MURDER IF 6,354
COMMITTED BY AN ADULT, THE CHILD IS ELIGIBLE FOR WHICHEVER OF THE
FOLLOWING IS APPROPRIATE: 6,355
(1) MANDATORY SYO, IF THE ACT ALLEGEDLY WAS COMMITTED WHEN 6,358
THE CHILD WAS FOURTEEN OR FIFTEEN YEARS OF AGE;
(2) DISCRETIONARY SYO, IF THE ACT WAS COMMITTED WHEN THE 6,361
CHILD WAS TEN, ELEVEN, TWELVE, OR THIRTEEN YEARS OF AGE; 6,362
(3) TRADITIONAL JUVENILE, IF DIVISIONS (B)(1) AND (2) OF 6,364
THIS SECTION DO NOT APPLY. 6,365
(C) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 6,368
COMMITTING AN ACT THAT WOULD BE ATTEMPTED AGGRAVATED MURDER OR 6,369
ATTEMPTED MURDER IF COMMITTED BY AN ADULT, THE CHILD IS ELIGIBLE 6,370
FOR WHICHEVER OF THE FOLLOWING IS APPROPRIATE:
(1) MANDATORY SYO, IF THE ACT ALLEGEDLY WAS COMMITTED WHEN 6,373
THE CHILD WAS FOURTEEN OR FIFTEEN YEARS OF AGE;
(2) DISCRETIONARY SYO, IF THE ACT WAS COMMITTED WHEN THE 6,376
CHILD WAS TEN, ELEVEN, TWELVE, OR THIRTEEN YEARS OF AGE; 6,377
(3) TRADITIONAL JUVENILE, IF DIVISIONS (C)(1) AND (2) OF 6,379
THIS SECTION DO NOT APPLY. 6,380
(D) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 6,383
COMMITTING AN ACT THAT WOULD BE A FELONY OF THE FIRST DEGREE IF 6,384
145
COMMITTED BY AN ADULT, THE CHILD IS ELIGIBLE FOR WHICHEVER OF THE 6,385
FOLLOWING IS APPROPRIATE:
(1) MANDATORY SYO, IF THE ACT ALLEGEDLY WAS COMMITTED WHEN 6,388
THE CHILD WAS SIXTEEN OR SEVENTEEN YEARS OF AGE, AND THE ACT IS 6,390
ENHANCED BY THE FACTORS DESCRIBED IN DIVISION (A)(1) AND EITHER 6,391
DIVISION (A)(2) OR (3) OF THIS SECTION;
(2) DISCRETIONARY SYO, IF ANY OF THE FOLLOWING APPLIES: 6,393
(a) THE ACT WAS COMMITTED WHEN THE CHILD WAS SIXTEEN OR 6,395
SEVENTEEN YEARS OF AGE, AND DIVISION (D)(1) OF THIS SECTION DOES 6,396
NOT APPLY. 6,397
(b) THE ACT WAS COMMITTED WHEN THE CHILD WAS FOURTEEN OR 6,399
FIFTEEN YEARS OF AGE. 6,400
(c) THE ACT WAS COMMITTED WHEN THE CHILD WAS TWELVE OR 6,402
THIRTEEN YEARS OF AGE, AND THE ACT IS ENHANCED BY ANY FACTOR 6,403
DESCRIBED IN DIVISION (A)(1), (2), OR (3) OF THIS SECTION. 6,405
(d) THE ACT WAS COMMITTED WHEN THE CHILD WAS TEN OR ELEVEN 6,407
YEARS OF AGE, AND THE ACT IS ENHANCED BY THE FACTORS DESCRIBED IN 6,408
DIVISION (A)(1) AND EITHER DIVISION (A)(2) OR (3) OF THIS 6,409
SECTION. 6,410
(3) TRADITIONAL JUVENILE, IF DIVISIONS (D)(1) AND (2) OF 6,412
THIS SECTION DO NOT APPLY. 6,413
(E) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 6,416
COMMITTING AN ACT THAT WOULD BE A FELONY OF THE SECOND DEGREE IF 6,417
COMMITTED BY AN ADULT, THE CHILD IS ELIGIBLE FOR WHICHEVER OF THE 6,418
FOLLOWING IS APPROPRIATE: 6,419
(1) DISCRETIONARY SYO, IF THE ACT WAS COMMITTED WHEN THE 6,421
CHILD WAS FOURTEEN, FIFTEEN, SIXTEEN, OR SEVENTEEN YEARS OF AGE; 6,422
(2) DISCRETIONARY SYO, IF THE ACT WAS COMMITTED WHEN THE 6,425
CHILD WAS TWELVE OR THIRTEEN YEARS OF AGE, AND THE ACT IS 6,426
ENHANCED BY ANY FACTOR DESCRIBED IN DIVISION (A)(1), (2), OR (3) 6,427
OF THIS SECTION;
(3) TRADITIONAL JUVENILE, IF DIVISIONS (E)(1) AND (2) OF 6,430
THIS SECTION DO NOT APPLY. 6,431
(F) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 6,433
146
COMMITTING AN ACT THAT WOULD BE A FELONY OF THE THIRD DEGREE IF 6,436
COMMITTED BY AN ADULT, THE CHILD IS ELIGIBLE FOR WHICHEVER OF THE 6,438
FOLLOWING IS APPROPRIATE:
(1) DISCRETIONARY SYO, IF THE ACT WAS COMMITTED WHEN THE 6,442
CHILD WAS SIXTEEN OR SEVENTEEN YEARS OF AGE; 6,443
(2) DISCRETIONARY SYO, IF THE ACT WAS COMMITTED WHEN THE 6,446
CHILD WAS FOURTEEN OR FIFTEEN YEARS OF AGE, AND THE ACT IS 6,447
ENHANCED BY ANY FACTOR DESCRIBED IN DIVISION (A)(1), (2), OR (3) 6,448
OF THIS SECTION; 6,449
(3) TRADITIONAL JUVENILE, IF DIVISIONS (F)(1) AND (2) OF 6,451
THIS SECTION DO NOT APPLY. 6,452
(G) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 6,454
COMMITTING AN ACT THAT WOULD BE A FELONY OF THE FOURTH OR FIFTH 6,456
DEGREE IF COMMITTED BY AN ADULT, THE CHILD IS ELIGIBLE FOR 6,457
WHICHEVER OF THE FOLLOWING DISPOSITIONS IS APPROPRIATE: 6,458
(1) DISCRETIONARY SYO, IF THE ACT WAS COMMITTED WHEN THE 6,460
CHILD WAS SIXTEEN OR SEVENTEEN YEARS OF AGE, AND THE ACT IS 6,461
ENHANCED BY ANY FACTOR DESCRIBED IN DIVISION (A)(1), (2), OR (3) 6,463
OF THIS SECTION;
(2) TRADITIONAL JUVENILE, IF DIVISION (G)(1) OF THIS 6,465
SECTION DOES NOT APPLY. 6,466
(H) THE FOLLOWING TABLE DESCRIBES THE DISPOSITIONS THAT A 6,468
JUVENILE COURT MAY IMPOSE ON A DELINQUENT CHILD: 6,469
OFFENSE CATEGORY AGE AGE AGE AGE 6,473
(ENHANCEMENT FACTORS) 16 & 17 14 & 15 12 & 13 10 & 11 6,475
MURDER/AGGRAVATED MURDER N/A MSYO, DSYO, DSYO, 6,482
TJ TJ TJ
ATTEMPTED MURDER/ATTEMPTED N/A MSYO, DSYO, DSYO, 6,487
AGGRAVATED MURDER TJ TJ TJ
F1 (ENHANCED BY OFFENSE OF MSYO, DSYO, DSYO, DSYO, 6,491
VIOLENCE FACTOR AND EITHER TJ TJ TJ TJ 6,492
DISPOSITION FIREARM FACTOR
OR PREVIOUS DYS ADMISSION
FACTOR)
147
F1 (ENHANCED BY ANY SINGLE DSYO, DSYO, DSYO, TJ 6,496
OR OTHER COMBINATION OF TJ TJ TJ
ENHANCEMENT FACTORS)
F1 (NOT ENHANCED) DSYO, DSYO, TJ TJ 6,499
TJ TJ
F2 (ENHANCED BY ANY DSYO, DSYO, DSYO, TJ 6,502
ENHANCEMENT FACTOR) TJ TJ TJ
F2 (NOT ENHANCED) DSYO, DSYO, TJ TJ 6,504
TJ TJ
F3 (ENHANCED BY ANY DSYO, DSYO, TJ TJ 6,506
ENHANCEMENT FACTOR) TJ TJ
F3 (NOT ENHANCED) DSYO, TJ TJ TJ 6,509
TJ
F4 (ENHANCED BY ANY DSYO, TJ TJ TJ 6,511
ENHANCEMENT FACTOR) TJ
F4 (NOT ENHANCED) TJ TJ TJ TJ 6,513
F5 (ENHANCED BY ANY DSYO, TJ TJ TJ 6,516
ENHANCEMENT FACTOR) TJ
F5 (NOT ENHANCED) TJ TJ TJ TJ 6,518
(I) THE TABLE IN DIVISION (H) OF THIS SECTION IS FOR 6,522
ILLUSTRATIVE PURPOSES ONLY. IF THE TABLE CONFLICTS WITH ANY 6,523
PROVISION OF DIVISIONS (A) TO (G) OF THIS SECTION, DIVISIONS (A) 6,525
TO (G) OF THIS SECTION SHALL CONTROL. 6,526
(J) KEY FOR TABLE IN DIVISION (H) OF THIS SECTION: 6,529
(1) "ANY ENHANCEMENT FACTOR" APPLIES WHEN THE CRITERIA 6,531
DESCRIBED IN DIVISION (A)(1), (2), OR (3) OF THIS SECTION APPLY. 6,533
(2) THE "DISPOSITION FIREARM FACTOR" APPLIES WHEN THE 6,535
CRITERIA DESCRIBED IN DIVISION (A)(2) OF THIS SECTION APPLY. 6,536
(3) "DSYO" REFERS TO DISCRETIONARY SERIOUS YOUTHFUL 6,538
OFFENDER DISPOSITION. 6,539
(4) "F1" REFERS TO AN ACT THAT WOULD BE A FELONY OF THE 6,541
FIRST DEGREE IF COMMITTED BY AN ADULT. 6,542
(5) "F2" REFERS TO AN ACT THAT WOULD BE A FELONY OF THE 6,544
SECOND DEGREE IF COMMITTED BY AN ADULT. 6,545
148
(6) "F3" REFERS TO AN ACT THAT WOULD BE A FELONY OF THE 6,547
THIRD DEGREE IF COMMITTED BY AN ADULT. 6,548
(7) "F4" REFERS TO AN ACT THAT WOULD BE A FELONY OF THE 6,550
FOURTH DEGREE IF COMMITTED BY AN ADULT. 6,551
(8) "F5" REFERS TO AN ACT THAT WOULD BE A FELONY OF THE 6,553
FIFTH DEGREE IF COMMITTED BY AN ADULT. 6,554
(9) "MSYO" REFERS TO MANDATORY SERIOUS YOUTHFUL OFFENDER 6,556
DISPOSITION. 6,557
(10) THE "OFFENSE OF VIOLENCE FACTOR" APPLIES WHEN THE 6,559
CRITERIA DESCRIBED IN DIVISION (A)(1) OF THIS SECTION APPLY. 6,560
(11) THE "PREVIOUS DYS ADMISSION FACTOR" APPLIES WHEN THE 6,562
CRITERIA DESCRIBED IN DIVISION (A)(3) OF THIS SECTION APPLY. 6,563
(12) "TJ" REFERS TO TRADITIONAL JUVENILE. 6,565
Sec. 2151.26 2152.12. (A) As used in this section: 6,574
(1) "Category one offense" means any of the following: 6,576
(a) A violation of section 2903.01 or 2903.02 of the 6,578
Revised Code; 6,579
(b) A violation of section 2923.02 of the Revised Code 6,582
involving an attempt to commit aggravated murder or murder. 6,583
(2) "Category two offense" means any of the following: 6,585
(a) A violation of section 2903.03, 2905.01, 2907.02, 6,587
2909.02, 2911.01, or 2911.11 of the Revised Code; 6,589
(b) A violation of section 2903.04 of the Revised Code 6,591
that is a felony of the first degree; 6,592
(c) A violation of section 2907.12 of the Revised Code as 6,594
it existed prior to September 3, 1996. 6,595
(3) "Firearm" has the same meaning as in section 2923.11 6,598
of the Revised Code. 6,599
(4) "Act charged" means the act that a child allegedly 6,601
committed and that is identified in a complaint alleging that the 6,602
child is a delinquent child as the act that is the basis of the 6,603
child being a delinquent child.
(B)(1)(a) After a complaint has been filed alleging that a 6,605
child is a delinquent child for committing an act that would be 6,608
149
an offense AGGRAVATED MURDER, MURDER, ATTEMPTED AGGRAVATED 6,609
MURDER, OR ATTEMPTED MURDER if committed by an adult, the 6,611
JUVENILE court at a hearing shall transfer the case for criminal 6,612
prosecution to the appropriate court having jurisdiction of the 6,614
offense if the child was fourteen SIXTEEN OR SEVENTEEN years of 6,615
age or older at the time of the act charged, if AND there is 6,616
probable cause to believe that the child committed the act 6,618
charged, and. THE JUVENILE COURT ALSO SHALL TRANSFER THE CASE AT 6,619
A HEARING IF THE CHILD WAS FOURTEEN OR FIFTEEN YEARS OF AGE AT 6,620
THE TIME OF THE ACT CHARGED, IF SECTION 2152.10 OF THE REVISED 6,621
CODE PROVIDES THAT THE CHILD IS ELIGIBLE FOR MANDATORY TRANSFER, 6,623
AND IF THERE IS PROBABLE CAUSE TO BELIEVE THAT THE CHILD
COMMITTED THE ACT CHARGED. 6,624
(b) AFTER A COMPLAINT HAS BEEN FILED ALLEGING THAT A CHILD 6,626
IS A DELINQUENT CHILD BY REASON OF COMMITTING A CATEGORY TWO 6,627
OFFENSE, THE JUVENILE COURT AT A HEARING SHALL TRANSFER THE CASE 6,629
IF SECTION 2152.10 OF THE REVISED CODE REQUIRES THE MANDATORY 6,631
TRANSFER OF THE CASE AND THERE IS PROBABLE CAUSE TO BELIEVE THAT
THE CHILD COMMITTED THE ACT CHARGED. 6,632
(2) THE JUVENILE COURT ALSO SHALL TRANSFER A CASE IN THE 6,634
CIRCUMSTANCES DESCRIBED IN DIVISION (C)(5) OF SECTION 2152.02 OF 6,635
THE REVISED CODE OR if one or more EITHER of the following 6,637
applies to the child or the act charged: 6,638
(1)(a) A complaint IS FILED AGAINST A CHILD WHO IS 6,640
ELIGIBLE FOR A DISCRETIONARY TRANSFER UNDER SECTION 2152.10 OF 6,642
THE REVISED CODE AND WHO previously was filed in a juvenile court 6,643
alleging that the child was a delinquent child for committing an 6,644
act that would be an offense if committed by an adult, the 6,645
juvenile court transferred the case pursuant to division (B) or 6,646
(C) of this section for criminal prosecution to the appropriate 6,647
court having jurisdiction of the offense, and the child was 6,648
convicted of or pleaded guilty to a felony in that A case THAT 6,649
WAS TRANSFERRED TO A CRIMINAL COURT. 6,650
(2) The (b) A COMPLAINT IS FILED AGAINST A child WHO is 6,653
150
domiciled in another state ALLEGING THAT THE CHILD IS A
DELINQUENT CHILD FOR COMMITTING AN ACT THAT WOULD BE A FELONY IF 6,654
COMMITTED BY AN ADULT, and, if the act charged had been committed 6,656
in that other state, the child would be subject to criminal 6,657
prosecution as an adult under the law of that other state without 6,658
the need for a transfer of jurisdiction from a juvenile, family, 6,659
or similar noncriminal court to a criminal court. 6,660
(3) The act charged is a category one offense, and either 6,663
or both of the following apply to the child: 6,664
(a) The child was sixteen years of age or older at the 6,667
time of the act charged.
(b) The child previously was adjudicated a delinquent 6,670
child for committing an act that is a category one offense or a
category two offense and was committed to the legal custody of 6,671
the department of youth services upon the basis of that 6,672
adjudication.
(4) The act charged is a category two offense, other than 6,675
a violation of section 2905.01 of the Revised Code, the child was 6,676
sixteen years of age or older at the time of the commission of 6,677
the act charged, and either or both of the following apply to the 6,678
child:
(a) The child previously was adjudicated a delinquent 6,681
child for committing an act that is a category one offense or a 6,682
category two offense and was committed to the legal custody of
the department of youth services upon the basis of that 6,683
adjudication.
(b) The child is alleged to have had a firearm on or about 6,685
the child's person or under the child's control while committing 6,686
the act charged and to have displayed the firearm, brandished the 6,687
firearm, indicated possession of the firearm, or used the firearm 6,688
to facilitate the commission of the act charged. 6,689
(C)(1)(B) Except as provided in division (B)(A) of this 6,693
section and subject to division (C)(4) of this section, after a 6,694
complaint has been filed alleging that a child is a delinquent
151
child for committing an act that would be a felony if committed 6,695
by an adult, the JUVENILE court at a hearing may transfer the 6,696
case for criminal prosecution to the appropriate court having 6,698
jurisdiction of the offense, after considering the factors 6,699
specified in division (C)(2) of this section and after making IF 6,700
THE COURT FINDS all of the following determinations: 6,701
(a)(1) The child was fourteen years of age or older at the 6,703
time of the act charged. 6,704
(b)(2) There is probable cause to believe that the child 6,706
committed the act charged. 6,707
(c) After (3) THE CHILD IS NOT AMENABLE TO CARE OR 6,711
REHABILITATION WITHIN THE JUVENILE SYSTEM, AND THE SAFETY OF THE 6,712
COMMUNITY MAY REQUIRE THAT THE CHILD BE SUBJECT TO ADULT 6,713
SANCTIONS. IN MAKING ITS DECISION UNDER THIS DIVISION, THE COURT 6,714
SHALL CONSIDER WHETHER THE APPLICABLE FACTORS UNDER DIVISION (D) 6,715
OF THIS SECTION INDICATING THAT THE CASE SHOULD BE TRANSFERRED 6,717
OUTWEIGH THE APPLICABLE FACTORS UNDER DIVISION (E) OF THIS 6,718
SECTION INDICATING THAT THE CASE SHOULD NOT BE TRANSFERRED. THE 6,720
RECORD SHALL INDICATE THE SPECIFIC FACTORS THAT WERE APPLICABLE 6,721
AND THAT THE COURT WEIGHED. 6,722
(C) BEFORE CONSIDERING A TRANSFER UNDER DIVISION (B) OF 6,724
THIS SECTION, THE JUVENILE COURT SHALL ORDER an investigation, 6,726
including a mental examination of the child made by a public or 6,727
private agency or a person qualified to make the examination, and 6,728
after consideration of all relevant information and factors, 6,729
including any factor required to be considered under division 6,730
(C)(2) of this section, that there are reasonable grounds to 6,731
believe that both of the following criteria are satisfied: 6,732
(i) The child is not amenable to care or rehabilitation or 6,734
further care or rehabilitation in any facility designed for the 6,735
care, supervision, and rehabilitation of delinquent children. 6,736
(ii) The safety of the community may require that the 6,738
child be placed under legal restraint, including, if necessary, 6,739
for the period extending beyond the child's majority. 6,740
152
(2) Subject to division (C)(4) of this section, when 6,743
determining whether to order the transfer of a case for criminal 6,744
prosecution to the appropriate court having jurisdiction of the 6,745
offense pursuant to division (C)(1) of this section, the court 6,746
shall consider all of the following factors in favor of ordering 6,747
the transfer of the case:
(a) A victim of the act charged was five years of age or 6,749
younger, regardless of whether the child who is alleged to have 6,750
committed that act knew the age of that victim; 6,751
(b) A victim of the act charged sustained physical harm to 6,754
the victim's person during the commission of or otherwise as a 6,755
result of the act charged.
(c) The act charged is not a violation of section 2923.12 6,757
of the Revised Code, and the child is alleged to have had a 6,758
firearm on or about the child's person or under the child's 6,759
control while committing the act charged and to have displayed 6,760
the firearm, brandished the firearm, indicated possession of the 6,761
firearm, or used the firearm to facilitate the commission of the 6,762
act charged.
(d) The child has a history indicating a failure to be 6,764
rehabilitated following one or more commitments pursuant to 6,765
division (A)(3), (4), (5), (6), or (7) of section 2151.355 of the 6,766
Revised Code. 6,767
(e) A victim of the act charged was sixty-five years of 6,770
age or older or permanently and totally disabled at the time of 6,771
the commission of the act charged, regardless of whether the 6,773
child who is alleged to have committed that act knew the age of
that victim. 6,774
(3) A. THE child whose case is being considered for 6,777
possible transfer for criminal prosecution to the appropriate
court having jurisdiction of the offense under division (C)(1) of 6,778
this section may waive the examination required by THIS division 6,779
(C)(1)(c) of this section, if the court finds THAT the waiver is 6,781
competently and intelligently made. Refusal to submit to a
153
mental and physical examination by the child constitutes a waiver 6,782
of the examination. 6,783
(4)(D) IN CONSIDERING WHETHER TO TRANSFER A CHILD UNDER 6,786
DIVISION (B) OF THIS SECTION, THE JUVENILE COURT SHALL CONSIDER 6,787
THE FOLLOWING RELEVANT FACTORS, AND ANY OTHER RELEVANT FACTORS, 6,789
IN FAVOR OF A TRANSFER UNDER THAT DIVISION: 6,790
(1) THE VICTIM OF THE ACT CHARGED SUFFERED PHYSICAL OR 6,792
PSYCHOLOGICAL HARM, OR SERIOUS ECONOMIC HARM, AS A RESULT OF THE 6,793
ALLEGED ACT. 6,794
(2) THE PHYSICAL OR PSYCHOLOGICAL HARM SUFFERED BY THE 6,796
VICTIM DUE TO THE ALLEGED ACT OF THE CHILD WAS EXACERBATED 6,797
BECAUSE OF THE PHYSICAL OR PSYCHOLOGICAL VULNERABILITY OR THE AGE 6,798
OF THE VICTIM.
(3) THE CHILD'S RELATIONSHIP WITH THE VICTIM FACILITATED 6,800
THE ACT CHARGED. 6,801
(4) THE CHILD ALLEGEDLY COMMITTED THE ACT CHARGED FOR HIRE 6,803
OR AS A PART OF A GANG OR OTHER ORGANIZED CRIMINAL ACTIVITY. 6,804
(5) THE CHILD HAD A FIREARM ON OR ABOUT THE CHILD'S PERSON 6,806
OR UNDER THE CHILD'S CONTROL AT THE TIME OF THE ACT CHARGED, THE 6,808
ACT CHARGED IS NOT A VIOLATION OF SECTION 2923.12 OF THE REVISED 6,809
CODE, AND THE CHILD, DURING THE COMMISSION OF THE ACT CHARGED, 6,810
ALLEGEDLY USED OR DISPLAYED THE FIREARM, BRANDISHED THE FIREARM, 6,813
OR INDICATED THAT THE CHILD POSSESSED A FIREARM.
(6) AT THE TIME OF THE ACT CHARGED, THE CHILD WAS AWAITING 6,816
ADJUDICATION OR DISPOSITION AS A DELINQUENT CHILD, WAS UNDER A 6,817
COMMUNITY CONTROL SANCTION, OR WAS ON PAROLE FOR A PRIOR
DELINQUENT CHILD ADJUDICATION OR CONVICTION. 6,818
(7) THE RESULTS OF ANY PREVIOUS JUVENILE SANCTIONS AND 6,820
PROGRAMS INDICATE THAT REHABILITATION OF THE CHILD WILL NOT OCCUR 6,821
IN THE JUVENILE SYSTEM. 6,822
(8) THE CHILD IS EMOTIONALLY, PHYSICALLY, OR 6,824
PSYCHOLOGICALLY MATURE ENOUGH FOR THE TRANSFER. 6,825
(9) THERE IS NOT SUFFICIENT TIME TO REHABILITATE THE CHILD 6,827
WITHIN THE JUVENILE SYSTEM. 6,828
154
(E) IN CONSIDERING WHETHER TO TRANSFER A CHILD UNDER 6,830
DIVISION (B) OF THIS SECTION, THE JUVENILE COURT SHALL CONSIDER 6,831
THE FOLLOWING RELEVANT FACTORS, AND ANY OTHER RELEVANT FACTORS, 6,833
AGAINST A TRANSFER UNDER THAT DIVISION: 6,834
(1) THE VICTIM INDUCED OR FACILITATED THE ACT CHARGED. 6,836
(2) THE CHILD ACTED UNDER PROVOCATION IN ALLEGEDLY 6,838
COMMITTING THE ACT CHARGED. 6,839
(3) THE CHILD WAS NOT THE PRINCIPAL ACTOR IN THE ACT 6,842
CHARGED, OR, AT THE TIME OF THE ACT CHARGED, THE CHILD WAS UNDER
THE NEGATIVE INFLUENCE OR COERCION OF ANOTHER PERSON. 6,844
(4) THE CHILD DID NOT CAUSE PHYSICAL HARM TO ANY PERSON OR 6,846
PROPERTY, OR HAVE REASONABLE CAUSE TO BELIEVE THAT HARM OF THAT 6,847
NATURE WOULD OCCUR, IN ALLEGEDLY COMMITTING THE ACT CHARGED. 6,848
(5) THE CHILD PREVIOUSLY HAS NOT BEEN ADJUDICATED A 6,850
DELINQUENT CHILD. 6,851
(6) THE CHILD IS NOT EMOTIONALLY, PHYSICALLY, OR 6,853
PSYCHOLOGICALLY MATURE ENOUGH FOR THE TRANSFER. 6,854
(7) THE CHILD HAS A MENTAL ILLNESS OR IS A MENTALLY 6,856
RETARDED PERSON.
(8) THERE IS SUFFICIENT TIME TO REHABILITATE THE CHILD 6,858
WITHIN THE JUVENILE SYSTEM AND THE LEVEL OF SECURITY AVAILABLE IN 6,859
THE JUVENILE SYSTEM PROVIDES A REASONABLE ASSURANCE OF PUBLIC 6,860
SAFETY.
(F) If one or more complaints are filed alleging that a 6,863
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 6,864
or made alleging that division (B)(2), (3), or (4)(A) of this 6,866
section applies and requires that the case or cases involving one 6,869
or more of the acts charged be transferred for criminal 6,870
prosecution to the appropriate court having jurisdiction over the 6,871
offense, and if a motion also is filed or made requesting that 6,872
the case or cases involving one or more of the acts charged be 6,874
transferred for criminal prosecution to the appropriate court 6,875
having jurisdiction of the offense pursuant to division (C)(1)(B) 6,877
155
of this section, the JUVENILE court, in deciding the motions, 6,879
shall proceed in the following manner: 6,880
(a)(1) Initially, the court shall decide the motion 6,882
alleging that division (B)(2), (3), or (4)(A) of this section 6,883
applies and requires that the case or cases involving one or more 6,885
of the acts charged be transferred for criminal prosecution to 6,886
the appropriate court having jurisdiction over the offense. 6,888
(b)(2) If, pursuant to division (C)(4)(a) of this section, 6,891
the court determines that division (B)(2), (3), or (4)(A) of this 6,892
section applies and requires that the case or cases involving one 6,896
or more of the acts charged be transferred for criminal 6,897
prosecution to the appropriate court having jurisdiction over the
offense, the court shall transfer the case or cases in accordance 6,898
with the applicable THAT division. After the transfer pursuant 6,899
to division (B)(2), (3), or (4)(A) of this section, the court 6,901
shall decide, in accordance with division (C)(4)(b)(B) of this 6,903
section, whether to grant the motion requesting that the case or 6,904
cases involving one or more of the acts charged be transferred 6,905
for criminal prosecution to the appropriate court having 6,906
jurisdiction of the offense pursuant to THAT division (C)(1) of 6,907
this section. In making its decision regarding the motion 6,909
requesting a transfer pursuant to division (C)(1) of this 6,910
section, the court at a hearing may transfer the subject case to 6,911
the appropriate court having jurisdiction of the offense if the 6,912
act charged in the case would be a felony if committed by an 6,913
adult, if the child was fourteen years of age or older at the 6,914
time of the act charged, and if there is probable cause to 6,915
believe that the child committed the act charged. 6,916
Notwithstanding divisions (C)(1) to (3) DIVISION (B) of this 6,917
section, prior to transferring a case pursuant to division 6,919
(C)(4)(b)(A) of this section, the court is not required to 6,920
consider any factor specified in division (C)(2)(D) OR (E) of 6,921
this section or to conduct an investigation or make a 6,922
determination of the type described in UNDER division (C)(1)(c) 6,923
156
of this section.
(c)(3) If the court determines pursuant to division 6,925
(C)(4)(a) of this section, that divisions (B)(2), (3), and (4) 6,927
DIVISION (A) of this section do DOES not apply and that none of 6,928
those divisions requires REQUIRE that the case or cases involving 6,929
one or more of the acts charged be transferred for criminal 6,932
prosecution to the appropriate court having jurisdiction over the 6,933
offense, the court shall decide in accordance with divisions 6,934
(C)(1) to (3) DIVISION (B) of this section whether to grant the 6,936
motion requesting that the case or cases involving one or more of
the acts charged be transferred for criminal prosecution to the 6,938
appropriate court having jurisdiction of the offense pursuant to 6,940
division (C)(1) of this section THAT DIVISION. 6,941
(D)(G) The court shall give notice in writing of the time, 6,943
place, and purpose of any hearing held pursuant to division (A) 6,945
OR (B) or (C) of this section to the child's parents, guardian, 6,947
or other custodian and to the child's counsel at least three days 6,948
prior to the hearing. 6,949
(E)(H) No person, either before or after reaching eighteen 6,951
years of age, shall be prosecuted as an adult for an offense 6,952
committed prior to becoming eighteen years of age, unless the 6,953
person has been transferred as provided in division (A) OR (B) or 6,955
(C) of this section or unless division (G)(J) of this section 6,956
applies. Any prosecution that is had in a criminal court on the 6,958
mistaken belief that the person who is the subject of the case 6,959
was eighteen years of age or older at the time of the commission 6,960
of the offense shall be deemed a nullity, and the person shall 6,961
not be considered to have been in jeopardy on the offense.
(F)(I) Upon the transfer of a case for criminal 6,963
prosecution to the appropriate court having jurisdiction of the 6,964
offense under division (A) OR (B) or (C) of this section, the 6,967
juvenile court shall state the reasons for the transfer ON THE 6,968
RECORD, and SHALL order the child to enter into a recognizance 6,970
with good and sufficient surety for the child's appearance before 6,972
157
the appropriate court for any disposition that the court is 6,973
authorized to make for a similar act committed by an adult. The 6,974
transfer abates the jurisdiction of the juvenile court with
respect to the delinquent acts alleged in the complaint, and, 6,975
upon the transfer, all further proceedings pertaining to the act 6,976
charged shall be discontinued in the juvenile court, and the case 6,978
then shall be within the jurisdiction of the court to which it is
transferred as described in division (H) of section 2151.23 of 6,979
the Revised Code. 6,980
(G)(J) If a person under eighteen years of age allegedly 6,983
commits an act that would be a felony if committed by an adult 6,984
and if the person is not taken into custody or apprehended for 6,985
that act until after the person attains twenty-one years of age, 6,986
the juvenile court does not have jurisdiction to hear or 6,988
determine any portion of the case charging the person with 6,989
committing that act. IN THOSE CIRCUMSTANCES, divisions (A) AND 6,990
(B) and (C) of this section do not apply regarding that THE act, 6,992
AND the case charging the person with committing that THE act 6,994
shall be a criminal prosecution commenced and heard in the 6,995
appropriate court having jurisdiction of the offense as if the 6,996
person had been eighteen years of age or older when the person 6,997
committed that THE act, all. ALL proceedings pertaining to that 6,999
THE act shall be within the jurisdiction of the court having 7,000
jurisdiction of the offense, and the THAT court having 7,001
jurisdiction of the offense has all the authority and duties in 7,002
the case as it has in other criminal cases commenced in that 7,003
court.
Sec. 2152.13. (A) A JUVENILE COURT MAY IMPOSE A SERIOUS 7,006
YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE ON A CHILD ONLY IF THE 7,007
PROSECUTING ATTORNEY OF THE COUNTY IN WHICH THE DELINQUENT ACT 7,008
ALLEGEDLY OCCURRED INITIATES THE PROCESS AGAINST THE CHILD IN 7,009
ACCORDANCE WITH THIS DIVISION OR DIVISION (B) OF THIS SECTION, 7,010
AND THE CHILD IS AN ALLEGED DELINQUENT CHILD WHO IS ELIGIBLE FOR 7,013
THE DISPOSITIONAL SENTENCE. THE PROSECUTING ATTORNEY MAY 7,015
158
INITIATE THE PROCESS IN ANY OF THE FOLLOWING WAYS:
(1) THE CHILD IS INDICTED AS A SERIOUS YOUTHFUL OFFENDER 7,017
OR IS CHARGED IN A BILL OF INFORMATION AS A SERIOUS YOUTHFUL 7,018
OFFENDER.
(2) THE ORIGINAL COMPLAINT ALLEGING THAT THE CHILD IS A 7,020
DELINQUENT CHILD REQUESTS A SERIOUS YOUTHFUL OFFENDER 7,021
DISPOSITIONAL SENTENCE. 7,022
(B) UNLESS THE ORIGINAL COMPLAINT INCLUDES A NOTICE OF 7,026
INTENT TO SEEK THAT TYPE OF SENTENCE, THE PROSECUTING ATTORNEY 7,027
SHALL FILE WITH THE JUVENILE COURT A WRITTEN NOTICE OF INTENT TO 7,030
SEEK A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE WITHIN 7,031
TWENTY DAYS AFTER THE LATER OF THE FOLLOWING, UNLESS THE TIME IS 7,033
EXTENDED BY THE JUVENILE COURT FOR GOOD CAUSE SHOWN:
(1) THE DATE OF THE CHILD'S FIRST JUVENILE COURT HEARING 7,035
REGARDING THE COMPLAINT; 7,037
(2) THE DATE THE JUVENILE COURT DETERMINES NOT TO TRANSFER 7,039
THE CASE UNDER SECTION 2152.12 OF THE REVISED CODE. 7,040
AFTER A WRITTEN NOTICE IS FILED UNDER THIS DIVISION, THE 7,043
JUVENILE COURT SHALL SERVE A COPY OF THE NOTICE ON THE CHILD AND 7,045
ADVISE THE CHILD OF THE PROSECUTING ATTORNEY'S INTENT TO SEEK A 7,046
SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE IN THE CASE. 7,047
(C) IF AN ALLEGED DELINQUENT CHILD IS NOT INDICTED OR 7,049
CHARGED BY INFORMATION AS DESCRIBED IN DIVISION (A) OF THIS 7,050
SECTION AND IF A NOTICE OR COMPLAINT AS DESCRIBED IN DIVISION 7,052
(A)(3) OR (B) OF THIS SECTION INDICATES THAT THE PROSECUTING 7,054
ATTORNEY INTENDS TO PURSUE A SERIOUS YOUTHFUL OFFENDER
DISPOSITIONAL SENTENCE IN THE CASE, THE JUVENILE COURT SHALL HOLD 7,056
A PRELIMINARY HEARING TO DETERMINE IF THERE IS PROBABLE CAUSE
THAT THE CHILD COMMITTED THE ACT CHARGED AND IS BY AGE ELIGIBLE 7,058
FOR, OR REQUIRED TO RECEIVE, A SERIOUS YOUTHFUL OFFENDER
DISPOSITIONAL SENTENCE. 7,059
(D)(1) A CHILD FOR WHOM A SERIOUS YOUTHFUL OFFENDER 7,061
DISPOSITIONAL SENTENCE IS SOUGHT HAS THE RIGHT TO A GRAND JURY 7,062
DETERMINATION OF PROBABLE CAUSE THAT THE CHILD COMMITTED THE ACT 7,063
159
CHARGED AND THAT THE CHILD IS ELIGIBLE BY AGE FOR A SERIOUS 7,064
YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE. THE GRAND JURY MAY BE 7,066
IMPANELED BY THE COURT OF COMMON PLEAS OR THE JUVENILE COURT. 7,067
ONCE A CHILD IS INDICTED, OR CHARGED BY INFORMATION OR THE 7,070
JUVENILE COURT DETERMINES THAT THE CHILD IS ELIGIBLE FOR A 7,071
SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE, THE CHILD IS 7,072
ENTITLED TO AN OPEN AND SPEEDY TRIAL BY JURY IN JUVENILE COURT 7,073
AND TO BE PROVIDED WITH A TRANSCRIPT OF THE PROCEEDINGS. THE 7,074
TIME WITHIN WHICH THE TRIAL IS TO BE HELD UNDER TITLE XXIX OF THE 7,075
REVISED CODE COMMENCES ON WHICHEVER OF THE FOLLOWING DATES IS 7,076
APPLICABLE:
(a) IF THE CHILD IS INDICTED OR CHARGED BY INFORMATION, ON 7,078
THE DATE OF THE FILING OF THE INDICTMENT OR INFORMATION. 7,080
(b) IF THE CHILD IS CHARGED BY AN ORIGINAL COMPLAINT THAT 7,082
REQUESTS A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE, ON 7,083
THE DATE OF THE FILING OF THE COMPLAINT. 7,084
(c) IF THE CHILD IS NOT CHARGED BY AN ORIGINAL COMPLAINT 7,086
THAT REQUESTS A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE, 7,088
ON THE DATE THAT THE PROSECUTING ATTORNEY FILES THE WRITTEN 7,090
NOTICE OF INTENT TO SEEK A SERIOUS YOUTHFUL OFFENDER
DISPOSITIONAL SENTENCE. 7,091
(2) IF THE CHILD IS DETAINED AWAITING ADJUDICATION, UPON 7,094
INDICTMENT OR BEING CHARGED BY INFORMATION, THE CHILD HAS THE 7,096
SAME RIGHT TO BAIL AS AN ADULT CHARGED WITH THE OFFENSE THE 7,097
ALLEGED DELINQUENT ACT WOULD BE IF COMMITTED BY AN ADULT. EXCEPT 7,098
AS PROVIDED IN DIVISION (D) OF SECTION 2152.14 OF THE REVISED 7,099
CODE, ALL PROVISIONS OF TITLE XXIX OF THE REVISED CODE AND THE 7,103
CRIMINAL RULES SHALL APPLY IN THE CASE AND TO THE CHILD. THE 7,104
JUVENILE COURT SHALL AFFORD THE CHILD ALL RIGHTS AFFORDED A 7,105
PERSON WHO IS PROSECUTED FOR COMMITTING A CRIME INCLUDING THE 7,107
RIGHT TO COUNSEL AND THE RIGHT TO RAISE THE ISSUE OF COMPETENCY. 7,108
THE CHILD MAY NOT WAIVE THE RIGHT TO COUNSEL.
(E)(1) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 7,111
COMMITTING AN ACT UNDER CIRCUMSTANCES THAT REQUIRE THE JUVENILE
160
COURT TO IMPOSE UPON THE CHILD A SERIOUS YOUTHFUL OFFENDER 7,113
DISPOSITIONAL SENTENCE UNDER SECTION 2152.11 OF THE REVISED CODE, 7,114
ALL OF THE FOLLOWING APPLY: 7,115
(a) THE JUVENILE COURT SHALL IMPOSE UPON THE CHILD A 7,117
SENTENCE AVAILABLE FOR THE VIOLATION, AS IF THE CHILD WERE AN 7,118
ADULT, UNDER CHAPTER 2929. OF THE REVISED CODE, EXCEPT THAT THE 7,119
JUVENILE COURT SHALL NOT IMPOSE ON THE CHILD A SENTENCE OF DEATH 7,120
OR LIFE IMPRISONMENT WITHOUT PAROLE. 7,121
(b) THE JUVENILE COURT ALSO SHALL IMPOSE UPON THE CHILD 7,123
ONE OR MORE TRADITIONAL JUVENILE DISPOSITIONS UNDER SECTIONS 7,124
2152.16 AND 2152.19 OF THE REVISED CODE. 7,126
(c) THE JUVENILE COURT SHALL STAY THE ADULT PORTION OF THE 7,128
SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE PENDING THE 7,129
SUCCESSFUL COMPLETION OF THE TRADITIONAL JUVENILE DISPOSITIONS 7,131
IMPOSED.
(2)(a) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 7,135
COMMITTING AN ACT UNDER CIRCUMSTANCES THAT ALLOW, BUT DO NOT 7,136
REQUIRE, THE JUVENILE COURT TO IMPOSE ON THE CHILD A SERIOUS 7,137
YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE UNDER SECTION 2152.11 OF 7,139
THE REVISED CODE, ALL OF THE FOLLOWING APPLY: 7,140
(i) IF THE JUVENILE COURT ON THE RECORD MAKES A FINDING 7,143
THAT, GIVEN THE NATURE AND CIRCUMSTANCES OF THE VIOLATION AND THE 7,144
HISTORY OF THE CHILD, THE LENGTH OF TIME, LEVEL OF SECURITY, AND 7,145
TYPES OF PROGRAMMING AND RESOURCES AVAILABLE IN THE JUVENILE 7,146
SYSTEM ALONE ARE NOT ADEQUATE TO PROVIDE THE JUVENILE COURT WITH 7,147
A REASONABLE EXPECTATION THAT THE PURPOSES SET FORTH IN SECTION 7,148
2152.01 OF THE REVISED CODE WILL BE MET, THE JUVENILE COURT MAY 7,149
IMPOSE UPON THE CHILD A SENTENCE AVAILABLE FOR THE VIOLATION, AS 7,151
IF THE CHILD WERE AN ADULT, UNDER CHAPTER 2929. OF THE REVISED 7,153
CODE, EXCEPT THAT THE JUVENILE COURT SHALL NOT IMPOSE ON THE 7,154
CHILD A SENTENCE OF DEATH OR LIFE IMPRISONMENT WITHOUT PAROLE. 7,155
(ii) IF A SENTENCE IS IMPOSED UNDER DIVISION (E)(2)(a)(i) 7,158
OF THIS SECTION, THE JUVENILE COURT ALSO SHALL IMPOSE UPON THE 7,159
CHILD ONE OR MORE TRADITIONAL JUVENILE DISPOSITIONS UNDER 7,160
161
SECTIONS 2152.16, 2152.19, AND 2152.20 AND, IF APPLICABLE, 7,161
SECTION 2152.17 OF THE REVISED CODE. 7,162
(iii) THE JUVENILE COURT SHALL STAY THE ADULT PORTION OF 7,164
THE SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE PENDING THE 7,165
SUCCESSFUL COMPLETION OF THE TRADITIONAL JUVENILE DISPOSITIONS 7,167
IMPOSED.
(b) IF THE JUVENILE COURT DOES NOT FIND THAT A SENTENCE 7,169
SHOULD BE IMPOSED UNDER DIVISION (E)(2)(a)(i) OF THIS SECTION, 7,171
THE JUVENILE COURT MAY IMPOSE ONE OR MORE TRADITIONAL JUVENILE 7,172
DISPOSITIONS UNDER SECTIONS 2152.16, 2152.19, AND, IF APPLICABLE, 7,173
SECTION 2152.17 OF THE REVISED CODE.
(3) A CHILD UPON WHOM A SERIOUS YOUTHFUL OFFENDER 7,175
DISPOSITIONAL SENTENCE IS IMPOSED UNDER DIVISION (E)(1) OR (2) OF 7,176
THIS SECTION HAS A RIGHT TO APPEAL UNDER DIVISION (A)(1), (3), 7,177
(4), (5), OR (6) OF SECTION 2953.08 OF THE REVISED CODE THE ADULT 7,180
PORTION OF THE SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE 7,181
WHEN ANY OF THOSE DIVISIONS APPLY. THE CHILD MAY APPEAL THE 7,182
ADULT PORTION, AND THE COURT SHALL CONSIDER THE APPEAL AS IF THE 7,183
ADULT PORTION WERE NOT STAYED. 7,184
Sec. 2152.14. (A)(1) THE DIRECTOR OF YOUTH SERVICES MAY 7,186
REQUEST THE PROSECUTING ATTORNEY OF THE COUNTY IN WHICH IS 7,187
LOCATED THE JUVENILE COURT THAT IMPOSED A SERIOUS YOUTHFUL 7,189
OFFENDER DISPOSITIONAL SENTENCE UPON A PERSON TO FILE A MOTION 7,190
WITH THAT JUVENILE COURT TO INVOKE THE ADULT PORTION OF THE 7,191
DISPOSITIONAL SENTENCE IF ALL OF THE FOLLOWING APPLY TO THE 7,192
PERSON: 7,193
(a) THE PERSON IS AT LEAST FOURTEEN YEARS OF AGE. 7,195
(b) THE PERSON IS IN THE INSTITUTIONAL CUSTODY, OR AN 7,197
ESCAPEE FROM THE CUSTODY, OF THE DEPARTMENT OF YOUTH SERVICES. 7,199
(c) THE PERSON IS SERVING THE JUVENILE PORTION OF THE 7,201
SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE. 7,202
(2) THE MOTION SHALL STATE THAT THERE IS REASONABLE CAUSE 7,204
TO BELIEVE THAT EITHER OF THE FOLLOWING MISCONDUCT HAS OCCURRED 7,205
AND SHALL STATE THAT AT LEAST ONE INCIDENT OF MISCONDUCT OF THAT 7,206
162
NATURE OCCURRED AFTER THE PERSON REACHED FOURTEEN YEARS OF AGE: 7,207
(a) THE PERSON COMMITTED AN ACT THAT IS A VIOLATION OF THE 7,209
RULES OF THE INSTITUTION AND THAT COULD BE CHARGED AS ANY FELONY 7,210
OR AS A FIRST DEGREE MISDEMEANOR OFFENSE OF VIOLENCE IF COMMITTED 7,213
BY AN ADULT.
(b) THE PERSON HAS ENGAGED IN CONDUCT THAT CREATES A 7,216
SUBSTANTIAL RISK TO THE SAFETY OR SECURITY OF THE INSTITUTION,
THE COMMUNITY, OR THE VICTIM. 7,218
(B) IF A PERSON IS AT LEAST FOURTEEN YEARS OF AGE, IS 7,220
SERVING THE JUVENILE PORTION OF A SERIOUS YOUTHFUL OFFENDER 7,221
DISPOSITIONAL SENTENCE, AND IS ON PAROLE OR AFTERCARE FROM A 7,223
DEPARTMENT OF YOUTH SERVICES FACILITY, OR ON COMMUNITY CONTROL, 7,224
THE DIRECTOR OF YOUTH SERVICES, THE JUVENILE COURT THAT IMPOSED 7,225
THE SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE ON THE 7,226
PERSON, OR THE PROBATION DEPARTMENT SUPERVISING THE PERSON MAY
REQUEST THE PROSECUTING ATTORNEY OF THE COUNTY IN WHICH IS 7,227
LOCATED THE JUVENILE COURT TO FILE A MOTION WITH THE JUVENILE 7,228
COURT TO INVOKE THE ADULT PORTION OF THE DISPOSITIONAL SENTENCE. 7,229
THE PROSECUTING ATTORNEY MAY FILE A MOTION TO INVOKE THE ADULT 7,230
PORTION OF THE DISPOSITIONAL SENTENCE EVEN IF NO REQUEST IS MADE. 7,231
THE MOTION SHALL STATE THAT THERE IS REASONABLE CAUSE TO BELIEVE 7,232
THAT EITHER OF THE FOLLOWING OCCURRED: 7,233
(1) THE PERSON COMMITTED AN ACT THAT IS A VIOLATION OF THE 7,235
CONDITIONS OF SUPERVISION AND THAT COULD BE CHARGED AS ANY FELONY 7,236
OR AS A FIRST DEGREE MISDEMEANOR OFFENSE OF VIOLENCE IF COMMITTED 7,237
BY AN ADULT. 7,238
(2) THE PERSON HAS ENGAGED IN CONDUCT THAT CREATES A 7,240
SUBSTANTIAL RISK TO THE SAFETY OR SECURITY OF THE COMMUNITY OR OF 7,241
THE VICTIM. 7,242
(C) IF THE PROSECUTING ATTORNEY DECLINES A REQUEST TO FILE 7,244
A MOTION THAT WAS MADE BY THE DEPARTMENT OF YOUTH SERVICES OR THE 7,245
SUPERVISING PROBATION DEPARTMENT UNDER DIVISION (A) OR (B) OF 7,247
THIS SECTION OR FAILS TO ACT ON A REQUEST MADE UNDER EITHER
DIVISION BY THE DEPARTMENT WITHIN A REASONABLE TIME, THE 7,248
163
DEPARTMENT OF YOUTH SERVICES OR THE SUPERVISING PROBATION 7,249
DEPARTMENT MAY FILE A MOTION OF THE TYPE DESCRIBED IN DIVISION 7,250
(A) OR (B) OF THIS SECTION WITH THE JUVENILE COURT TO INVOKE THE 7,251
ADULT PORTION OF THE SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL 7,252
SENTENCE. IF THE PROSECUTING ATTORNEY DECLINES A REQUEST TO FILE 7,253
A MOTION THAT WAS MADE BY THE JUVENILE COURT UNDER DIVISION (B) 7,254
OF THIS SECTION OR FAILS TO ACT ON A REQUEST FROM THE COURT UNDER 7,255
THAT DIVISION WITHIN A REASONABLE TIME, THE JUVENILE COURT MAY 7,256
HOLD THE HEARING DESCRIBED IN DIVISION (D) OF THIS SECTION ON ITS 7,257
OWN MOTION. 7,258
(D) UPON THE FILING OF A MOTION DESCRIBED IN DIVISION (A), 7,261
(B), OR (C) OF THIS SECTION, THE JUVENILE COURT MAY HOLD A 7,262
HEARING TO DETERMINE WHETHER TO INVOKE THE ADULT PORTION OF A 7,263
PERSON'S SERIOUS JUVENILE OFFENDER DISPOSITIONAL SENTENCE. THE 7,264
JUVENILE COURT SHALL NOT INVOKE THE ADULT PORTION OF THE 7,265
DISPOSITIONAL SENTENCE WITHOUT A HEARING. AT THE HEARING THE 7,266
PERSON WHO IS THE SUBJECT OF THE SERIOUS YOUTHFUL OFFENDER 7,267
DISPOSITION HAS THE RIGHT TO BE PRESENT, TO RECEIVE NOTICE OF THE 7,268
GROUNDS UPON WHICH THE ADULT SENTENCE PORTION IS SOUGHT TO BE 7,269
INVOKED, TO BE REPRESENTED BY COUNSEL INCLUDING COUNSEL APPOINTED 7,270
UNDER JUVENILE RULE 4(A), TO BE ADVISED ON THE PROCEDURES AND 7,272
PROTECTIONS SET FORTH IN THE JUVENILE RULES, AND TO PRESENT 7,273
EVIDENCE ON THE PERSON'S OWN BEHALF, INCLUDING EVIDENCE THAT THE 7,274
PERSON HAS A MENTAL ILLNESS OR IS A MENTALLY RETARDED PERSON. 7,276
THE PERSON MAY NOT WAIVE THE RIGHT TO COUNSEL. THE HEARING SHALL 7,277
BE OPEN TO THE PUBLIC. IF THE PERSON PRESENTS EVIDENCE THAT THE 7,278
PERSON HAS A MENTAL ILLNESS OR IS A MENTALLY RETARDED PERSON, THE 7,279
JUVENILE COURT SHALL CONSIDER THAT EVIDENCE IN DETERMINING
WHETHER TO INVOKE THE ADULT PORTION OF THE SERIOUS YOUTHFUL 7,280
OFFENDER DISPOSITIONAL SENTENCE. 7,281
(E) THE JUVENILE COURT MAY INVOKE THE ADULT PORTION OF A 7,283
PERSON'S SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE IF THE 7,284
JUVENILE COURT FINDS ALL OF THE FOLLOWING ON THE RECORD BY CLEAR 7,285
AND CONVINCING EVIDENCE: 7,286
164
(1) THE PERSON IS SERVING THE JUVENILE PORTION OF A 7,288
SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE. 7,289
(2) THE PERSON IS AT LEAST FOURTEEN YEARS OF AGE AND HAS 7,291
BEEN ADMITTED TO A DEPARTMENT OF YOUTH SERVICES FACILITY, OR 7,292
CRIMINAL CHARGES ARE PENDING AGAINST THE PERSON. 7,293
(3) THE PERSON ENGAGED IN THE CONDUCT OR ACTS CHARGED 7,295
UNDER DIVISION (A), (B), OR (C) OF THIS SECTION, AND THE PERSON'S 7,297
CONDUCT DEMONSTRATES THAT THE PERSON IS UNLIKELY TO BE 7,299
REHABILITATED DURING THE REMAINING PERIOD OF JUVENILE 7,300
JURISDICTION.
(F) IF A JUVENILE COURT ISSUES AN ORDER INVOKING THE ADULT 7,302
PORTION OF A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE 7,303
UNDER DIVISION (E) OF THIS SECTION, THE JUVENILE PORTION OF THE 7,304
DISPOSITIONAL SENTENCE SHALL TERMINATE, AND THE DEPARTMENT OF 7,305
YOUTH SERVICES SHALL TRANSFER THE PERSON TO THE DEPARTMENT OF 7,307
REHABILITATION AND CORRECTION OR PLACE THE PERSON UNDER ANOTHER 7,308
SANCTION IMPOSED AS PART OF THE SENTENCE. THE JUVENILE COURT 7,309
SHALL STATE IN ITS ORDER THE TOTAL NUMBER OF DAYS THAT THE PERSON 7,310
HAS BEEN HELD IN DETENTION OR IN A FACILITY OPERATED BY, OR UNDER 7,311
CONTRACT WITH, THE DEPARTMENT OF YOUTH SERVICES UNDER THE
JUVENILE PORTION OF THE DISPOSITIONAL SENTENCE. THE TIME THE 7,312
PERSON MUST SERVE ON A PRISON TERM IMPOSED UNDER THE ADULT 7,313
PORTION OF THE DISPOSITIONAL SENTENCE SHALL BE REDUCED BY THE 7,314
TOTAL NUMBER OF DAYS SPECIFIED IN THE ORDER PLUS ANY ADDITIONAL 7,315
DAYS THE PERSON IS HELD IN A JUVENILE FACILITY OR IN DETENTION 7,316
AFTER THE ORDER IS ISSUED AND BEFORE THE PERSON IS TRANSFERRED TO 7,317
THE CUSTODY OF THE DEPARTMENT OF REHABILITATION AND CORRECTION. 7,318
IN NO CASE SHALL THE TOTAL PRISON TERM AS CALCULATED UNDER THIS 7,319
DIVISION EXCEED THE MAXIMUM PRISON TERM AVAILABLE FOR AN ADULT 7,320
WHO IS CONVICTED OF VIOLATING THE SAME SECTIONS OF THE REVISED 7,321
CODE.
ANY COMMUNITY CONTROL IMPOSED AS PART OF THE ADULT SENTENCE 7,323
OR AS A CONDITION OF A JUDICIAL RELEASE FROM PRISON SHALL BE 7,324
UNDER THE SUPERVISION OF THE ENTITY THAT PROVIDES ADULT PROBATION 7,325
165
SERVICES IN THE COUNTY. ANY POST-RELEASE CONTROL IMPOSED AFTER 7,326
THE OFFENDER OTHERWISE IS RELEASED FROM PRISON SHALL BE 7,327
SUPERVISED BY THE ADULT PAROLE AUTHORITY. 7,328
Sec. 2152.16. (A)(1) IF A CHILD IS ADJUDICATED A 7,330
DELINQUENT CHILD FOR COMMITTING AN ACT THAT WOULD BE A FELONY IF 7,331
COMMITTED BY AN ADULT, THE JUVENILE COURT MAY COMMIT THE CHILD TO 7,333
THE LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES FOR SECURE 7,334
CONFINEMENT AS FOLLOWS:
(a) FOR AN ACT THAT WOULD BE AGGRAVATED MURDER OR MURDER 7,336
IF COMMITTED BY AN ADULT, UNTIL THE OFFENDER ATTAINS TWENTY-ONE 7,338
YEARS OF AGE; 7,339
(b) FOR A VIOLATION OF SECTION 2923.02 OF THE REVISED CODE 7,343
THAT INVOLVES AN ATTEMPT TO COMMIT AN ACT THAT WOULD BE 7,344
AGGRAVATED MURDER OR MURDER IF COMMITTED BY AN ADULT, A MINIMUM 7,345
PERIOD OF SIX TO SEVEN YEARS AS PRESCRIBED BY THE COURT AND A 7,347
MAXIMUM PERIOD NOT TO EXCEED THE CHILD'S ATTAINMENT OF TWENTY-ONE 7,348
YEARS OF AGE;
(c) FOR A VIOLATION OF SECTION 2903.03, 2905.01, 2909.02, 7,351
OR 2911.01 OR DIVISION (A) OF SECTION 2903.04 OF THE REVISED CODE 7,352
OR FOR A VIOLATION OF ANY PROVISION OF SECTION 2907.02 OF THE 7,354
REVISED CODE OTHER THAN DIVISION (A)(1)(b) OF THAT SECTION WHEN 7,356
THE SEXUAL CONDUCT OR INSERTION INVOLVED WAS CONSENSUAL AND WHEN 7,358
THE VICTIM OF THE VIOLATION OF DIVISION (A)(1)(b) OF THAT SECTION 7,360
WAS OLDER THAN THE DELINQUENT CHILD, WAS THE SAME AGE AS THE 7,362
DELINQUENT CHILD, OR WAS LESS THAN THREE YEARS YOUNGER THAN THE 7,363
DELINQUENT CHILD, FOR AN INDEFINITE TERM CONSISTING OF A MINIMUM 7,364
PERIOD OF ONE TO THREE YEARS, AS PRESCRIBED BY THE COURT, AND A 7,366
MAXIMUM PERIOD NOT TO EXCEED THE CHILD'S ATTAINMENT OF TWENTY-ONE 7,367
YEARS OF AGE;
(d) IF THE CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 7,369
COMMITTING AN ACT THAT IS NOT DESCRIBED IN DIVISION (A)(1)(b) OR 7,371
(c) OF THIS SECTION AND THAT WOULD BE A FELONY OF THE FIRST OR 7,372
SECOND DEGREE IF COMMITTED BY AN ADULT, FOR AN INDEFINITE TERM 7,373
CONSISTING OF A MINIMUM PERIOD OF ONE YEAR AND A MAXIMUM PERIOD 7,374
166
NOT TO EXCEED THE CHILD'S ATTAINMENT OF TWENTY-ONE YEARS OF AGE. 7,376
(e) FOR COMMITTING AN ACT THAT WOULD BE A FELONY OF THE 7,378
THIRD, FOURTH, OR FIFTH DEGREE IF COMMITTED BY AN ADULT OR FOR A 7,379
VIOLATION OF DIVISION (A) OF SECTION 2923.211 OF THE REVISED 7,381
CODE, FOR AN INDEFINITE TERM CONSISTING OF A MINIMUM PERIOD OF 7,382
SIX MONTHS AND A MAXIMUM PERIOD NOT TO EXCEED THE CHILD'S 7,383
ATTAINMENT OF TWENTY-ONE YEARS OF AGE. 7,384
(2) IN EACH CASE IN WHICH A COURT MAKES A DISPOSITION 7,386
UNDER THIS SECTION, THE COURT RETAINS CONTROL OVER THE COMMITMENT 7,387
FOR THE MINIMUM PERIOD SPECIFIED BY THE COURT IN DIVISIONS 7,389
(A)(1)(a) TO (e) OF THIS SECTION. DURING THE PERIOD OF COURT 7,390
CONTROL, THE DEPARTMENT OF YOUTH SERVICES SHALL NOT MOVE THE 7,391
CHILD TO A NONSECURE SETTING WITHOUT THE PERMISSION OF THE COURT
THAT IMPOSED THE DISPOSITION. 7,392
(B) IF A DELINQUENT CHILD IS COMMITTED TO THE DEPARTMENT 7,394
OF YOUTH SERVICES UNDER THIS SECTION, THE DEPARTMENT MAY RELEASE 7,395
THE CHILD AT ANY TIME AFTER THE PERIOD OF COURT CONTROL IMPOSED 7,396
UNDER DIVISION (A)(1) OF THIS SECTION ENDS. 7,397
(C) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD, AT THE 7,399
DISPOSITIONAL HEARING AND PRIOR TO MAKING ANY DISPOSITION 7,400
PURSUANT TO THIS SECTION, THE COURT SHALL DETERMINE WHETHER THE 7,401
DELINQUENT CHILD PREVIOUSLY HAS BEEN ADJUDICATED A DELINQUENT 7,402
CHILD FOR A VIOLATION OF A LAW OR ORDINANCE. IF THE DELINQUENT 7,403
CHILD PREVIOUSLY HAS BEEN ADJUDICATED A DELINQUENT CHILD FOR A 7,404
VIOLATION OF A LAW OR ORDINANCE, THE COURT, FOR PURPOSES OF 7,405
ENTERING AN ORDER OF DISPOSITION OF THE DELINQUENT CHILD UNDER 7,406
THIS SECTION, SHALL CONSIDER THE PREVIOUS DELINQUENT CHILD 7,407
ADJUDICATION AS A CONVICTION OF A VIOLATION OF THE LAW OR 7,408
ORDINANCE IN DETERMINING THE DEGREE OF THE OFFENSE THE CURRENT 7,409
ACT WOULD BE HAD IT BEEN COMMITTED BY AN ADULT. THIS DIVISION 7,410
ALSO SHALL APPLY IN RELATION TO THE IMPOSITION OF ANY FINANCIAL 7,411
SANCTION UNDER SECTION 2152.19 OF THE REVISED CODE. 7,412
Sec. 2152.17. (A) SUBJECT TO DIVISION (D) OF THIS 7,414
SECTION, IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 7,416
167
COMMITTING AN ACT, OTHER THAN A VIOLATION OF SECTION 2923.12 OF 7,417
THE REVISED CODE, THAT WOULD BE A FELONY IF COMMITTED BY AN ADULT 7,418
AND IF THE COURT DETERMINES THAT, IF THE CHILD WAS AN ADULT, THE 7,419
CHILD WOULD BE GUILTY OF A SPECIFICATION OF THE TYPE SET FORTH IN 7,420
SECTION 2941.141, 2941.144, 2941.145, OR 2941.146 OF THE REVISED 7,421
CODE, IN ADDITION TO ANY COMMITMENT OR OTHER DISPOSITION THE 7,422
COURT IMPOSES FOR THE UNDERLYING DELINQUENT ACT, ALL OF THE 7,423
FOLLOWING APPLY:
(1) IF THE COURT DETERMINES THAT THE CHILD WOULD BE GUILTY 7,425
OF A SPECIFICATION OF THE TYPE SET FORTH IN SECTION 2941.141 OF 7,427
THE REVISED CODE, THE COURT MAY COMMIT THE CHILD TO THE 7,428
DEPARTMENT OF YOUTH SERVICES FOR THE SPECIFICATION FOR A DEFINITE 7,429
PERIOD OF UP TO ONE YEAR. 7,431
(2) IF THE COURT DETERMINES THAT THE CHILD WOULD BE GUILTY 7,433
OF A SPECIFICATION OF THE TYPE SET FORTH IN SECTION 2941.145 OF 7,435
THE REVISED CODE, THE COURT SHALL COMMIT THE CHILD TO THE 7,437
DEPARTMENT OF YOUTH SERVICES FOR THE SPECIFICATION FOR A DEFINITE 7,438
PERIOD OF NOT LESS THAN ONE AND NOT MORE THAN THREE YEARS, AND 7,439
THE COURT ALSO SHALL COMMIT THE CHILD TO THE DEPARTMENT FOR THE
UNDERLYING DELINQUENT ACT UNDER SECTIONS 2152.11 TO 2152.16 OF 7,440
THE REVISED CODE.
(3) IF THE COURT DETERMINES THAT THE CHILD WOULD BE GUILTY 7,442
OF A SPECIFICATION OF THE TYPE SET FORTH IN SECTION 2941.144 OR 7,443
2941.146 OF THE REVISED CODE, THE COURT SHALL COMMIT THE CHILD TO 7,444
THE DEPARTMENT OF YOUTH SERVICES FOR THE SPECIFICATION FOR A 7,445
DEFINITE PERIOD OF NOT LESS THAN ONE AND NOT MORE THAN FIVE 7,446
YEARS, AND THE COURT ALSO SHALL COMMIT THE CHILD TO THE 7,448
DEPARTMENT FOR THE UNDERLYING DELINQUENT ACT UNDER SECTIONS 7,449
2152.11 TO 2152.16 OF THE REVISED CODE.
(B) DIVISION (A) OF THIS SECTION ALSO APPLIES TO A CHILD 7,451
WHO IS AN ACCOMPLICE TO THE SAME EXTENT THE FIREARM 7,454
SPECIFICATIONS WOULD APPLY TO AN ADULT ACCOMPLICE IN A CRIMINAL 7,455
PROCEEDING.
(C) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 7,457
168
COMMITTING AN ACT THAT WOULD BE AGGRAVATED MURDER, MURDER, OR A 7,458
FIRST, SECOND, OR THIRD DEGREE FELONY OFFENSE OF VIOLENCE IF 7,460
COMMITTED BY AN ADULT AND IF THE COURT DETERMINES THAT, IF THE 7,461
CHILD WAS AN ADULT, THE CHILD WOULD BE GUILTY OF A SPECIFICATION 7,462
OF THE TYPE SET FORTH IN SECTION 2941.142 OF THE REVISED CODE IN 7,463
RELATION TO THE ACT FOR WHICH THE CHILD WAS ADJUDICATED A 7,464
DELINQUENT CHILD, THE COURT SHALL COMMIT THE CHILD FOR THE 7,465
SPECIFICATION TO THE LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH 7,466
SERVICES FOR INSTITUTIONALIZATION IN A SECURE FACILITY FOR A 7,467
DEFINITE PERIOD OF NOT LESS THAN ONE AND NOT MORE THAN THREE
YEARS, SUBJECT TO DIVISION (D) OF THIS SECTION, AND THE COURT 7,470
ALSO SHALL COMMIT THE CHILD TO THE DEPARTMENT FOR THE UNDERLYING
DELINQUENT ACT. 7,471
(D) THE COURT SHALL NOT COMMIT A CHILD TO THE LEGAL 7,473
CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES FOR A SPECIFICATION 7,474
PURSUANT TO THIS SECTION FOR A PERIOD THAT EXCEEDS FIVE YEARS FOR 7,475
ANY ONE DELINQUENT ACT. ANY COMMITMENT IMPOSED PURSUANT TO 7,476
DIVISION (A), (B), OR (C) OF THIS SECTION SHALL BE IN ADDITION 7,478
TO, AND SHALL BE SERVED CONSECUTIVELY WITH AND PRIOR TO, A PERIOD 7,479
OF COMMITMENT ORDERED UNDER THIS CHAPTER FOR THE UNDERLYING
DELINQUENT ACT , AND EACH COMMITMENT IMPOSED PURSUANT TO DIVISION 7,481
(A), (B), OR (C) OF THIS SECTION SHALL BE IN ADDITION TO, AND 7,483
SHALL BE SERVED CONSECUTIVELY WITH, ANY OTHER PERIOD OF
COMMITMENT IMPOSED UNDER THOSE DIVISIONS. IF A COMMITMENT IS 7,485
IMPOSED UNDER DIVISION (A) OR (B) OF THIS SECTION AND A 7,486
COMMITMENT ALSO IS IMPOSED UNDER DIVISION (C) OF THIS SECTION, 7,488
THE PERIOD IMPOSED UNDER DIVISION (A) OR (B) OF THIS SECTION 7,489
SHALL BE SERVED PRIOR TO THE PERIOD IMPOSED UNDER DIVISION (C) OF 7,490
THIS SECTION. 7,491
THE TOTAL OF ALL THE PERIODS OF COMMITMENT IMPOSED FOR ANY 7,493
SPECIFICATION UNDER THIS SECTION AND FOR THE UNDERLYING OFFENSE 7,494
SHALL NOT EXCEED THE CHILD'S ATTAINMENT OF TWENTY-ONE YEARS OF 7,496
AGE.
(E) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 7,498
169
COMMITTING TWO OR MORE ACTS THAT WOULD BE FELONIES IF COMMITTED 7,499
BY AN ADULT AND IF THE COURT ENTERING THE DELINQUENT CHILD 7,500
ADJUDICATION ORDERS THE COMMITMENT OF THE CHILD FOR TWO OR MORE 7,501
OF THOSE ACTS TO THE LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH 7,502
SERVICES FOR INSTITUTIONALIZATION IN A SECURE FACILITY PURSUANT 7,503
TO SECTION 2152.13 OR 2152.16 OF THE REVISED CODE, THE COURT MAY 7,504
ORDER THAT ALL OF THE PERIODS OF COMMITMENT IMPOSED UNDER THOSE 7,505
SECTIONS FOR THOSE ACTS BE SERVED CONSECUTIVELY IN THE LEGAL 7,506
CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES, PROVIDED THAT THOSE 7,507
PERIODS OF COMMITMENT SHALL BE IN ADDITION TO AND COMMENCE 7,509
IMMEDIATELY FOLLOWING THE EXPIRATION OF A PERIOD OF COMMITMENT 7,510
THAT THE COURT IMPOSES PURSUANT TO DIVISION (A), (B), OR (C) OF 7,512
THIS SECTION. A COURT SHALL NOT COMMIT A DELINQUENT CHILD TO THE 7,513
LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES UNDER THIS 7,514
DIVISION FOR A PERIOD THAT EXCEEDS THE CHILD'S ATTAINMENT OF 7,515
TWENTY-ONE YEARS OF AGE. 7,516
(F) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 7,518
COMMITTING AN ACT THAT IF COMMITTED BY AN ADULT WOULD BE 7,519
AGGRAVATED MURDER, MURDER, RAPE, FELONIOUS SEXUAL PENETRATION IN 7,520
VIOLATION OF FORMER SECTION 2907.12 OF THE REVISED CODE, 7,521
INVOLUNTARY MANSLAUGHTER, A FELONY OF THE FIRST OR SECOND DEGREE 7,522
RESULTING IN THE DEATH OF OR PHYSICAL HARM TO A PERSON, 7,523
COMPLICITY IN OR AN ATTEMPT TO COMMIT ANY OF THOSE OFFENSES, OR 7,524
AN OFFENSE UNDER AN EXISTING OR FORMER LAW OF THIS STATE THAT IS 7,525
OR WAS SUBSTANTIALLY EQUIVALENT TO ANY OF THOSE OFFENSES AND IF 7,526
THE COURT IN ITS ORDER OF DISPOSITION FOR THAT ACT COMMITS THE 7,527
CHILD TO THE CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES, THE 7,528
ADJUDICATION SHALL BE CONSIDERED A CONVICTION FOR PURPOSES OF A 7,529
FUTURE DETERMINATION PURSUANT TO CHAPTER 2929. OF THE REVISED 7,530
CODE AS TO WHETHER THE CHILD, AS AN ADULT, IS A REPEAT VIOLENT 7,531
OFFENDER.
Sec. 2152.18. (A) WHEN A JUVENILE COURT COMMITS A 7,533
DELINQUENT CHILD TO THE CUSTODY OF THE DEPARTMENT OF YOUTH 7,534
SERVICES PURSUANT TO THIS CHAPTER, THE COURT SHALL NOT DESIGNATE 7,535
170
THE SPECIFIC INSTITUTION IN WHICH THE DEPARTMENT IS TO PLACE THE 7,536
CHILD BUT INSTEAD SHALL SPECIFY THAT THE CHILD IS TO BE 7,537
INSTITUTIONALIZED IN A SECURE FACILITY. 7,538
(B) WHEN A JUVENILE COURT COMMITS A DELINQUENT CHILD TO 7,540
THE CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES PURSUANT TO THIS 7,541
CHAPTER, THE COURT SHALL STATE IN THE ORDER OF COMMITMENT THE 7,542
TOTAL NUMBER OF DAYS THAT THE CHILD HAS BEEN HELD IN DETENTION IN 7,543
CONNECTION WITH THE DELINQUENT CHILD COMPLAINT UPON WHICH THE 7,544
ORDER OF COMMITMENT IS BASED. THE DEPARTMENT SHALL REDUCE THE 7,545
MINIMUM PERIOD OF INSTITUTIONALIZATION THAT WAS ORDERED BY BOTH 7,546
THE TOTAL NUMBER OF DAYS THAT THE CHILD HAS BEEN SO HELD IN 7,547
DETENTION AS STATED BY THE COURT IN THE ORDER OF COMMITMENT AND 7,548
THE TOTAL NUMBER OF ANY ADDITIONAL DAYS THAT THE CHILD HAS BEEN 7,549
HELD IN DETENTION SUBSEQUENT TO THE ORDER OF COMMITMENT BUT PRIOR 7,550
TO THE TRANSFER OF PHYSICAL CUSTODY OF THE CHILD TO THE 7,551
DEPARTMENT.
(C)(1) WHEN A JUVENILE COURT COMMITS A DELINQUENT CHILD TO 7,553
THE CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES PURSUANT TO THIS 7,554
CHAPTER, THE COURT SHALL PROVIDE THE DEPARTMENT WITH THE CHILD'S 7,556
MEDICAL RECORDS, A COPY OF THE REPORT OF ANY MENTAL EXAMINATION 7,557
OF THE CHILD ORDERED BY THE COURT, THE REVISED CODE SECTION OR 7,558
SECTIONS THE CHILD VIOLATED AND THE DEGREE OF EACH VIOLATION, THE 7,559
WARRANT TO CONVEY THE CHILD TO THE DEPARTMENT, A COPY OF THE 7,560
COURT'S JOURNAL ENTRY ORDERING THE COMMITMENT OF THE CHILD TO THE 7,561
LEGAL CUSTODY OF THE DEPARTMENT, A COPY OF THE ARREST RECORD 7,562
PERTAINING TO THE ACT FOR WHICH THE CHILD WAS ADJUDICATED A 7,563
DELINQUENT CHILD, A COPY OF ANY VICTIM IMPACT STATEMENT 7,564
PERTAINING TO THE ACT, AND ANY OTHER INFORMATION CONCERNING THE 7,565
CHILD THAT THE DEPARTMENT REASONABLY REQUESTS. THE COURT ALSO 7,566
SHALL COMPLETE THE FORM FOR THE STANDARD PREDISPOSITION
INVESTIGATION REPORT THAT THE DEPARTMENT FURNISHES PURSUANT TO 7,567
SECTION 5139.04 OF THE REVISED CODE AND PROVIDE THE DEPARTMENT 7,569
WITH THE COMPLETED FORM.
THE DEPARTMENT MAY REFUSE TO ACCEPT PHYSICAL CUSTODY OF A 7,571
171
DELINQUENT CHILD WHO IS COMMITTED TO THE LEGAL CUSTODY OF THE 7,572
DEPARTMENT UNTIL THE COURT PROVIDES TO THE DEPARTMENT THE 7,573
DOCUMENTS SPECIFIED IN THIS DIVISION. NO OFFICER OR EMPLOYEE OF 7,574
THE DEPARTMENT WHO REFUSES TO ACCEPT PHYSICAL CUSTODY OF A 7,575
DELINQUENT CHILD WHO IS COMMITTED TO THE LEGAL CUSTODY OF THE 7,576
DEPARTMENT SHALL BE SUBJECT TO PROSECUTION OR CONTEMPT OF COURT 7,577
FOR THE REFUSAL IF THE COURT FAILS TO PROVIDE THE DOCUMENTS 7,578
SPECIFIED IN THIS DIVISION AT THE TIME THE COURT TRANSFERS THE 7,579
PHYSICAL CUSTODY OF THE CHILD TO THE DEPARTMENT. 7,580
(2) WITHIN TWENTY WORKING DAYS AFTER THE DEPARTMENT OF 7,582
YOUTH SERVICES RECEIVES PHYSICAL CUSTODY OF A DELINQUENT CHILD 7,583
FROM A JUVENILE COURT, THE COURT SHALL PROVIDE THE DEPARTMENT 7,584
WITH A CERTIFIED COPY OF THE CHILD'S BIRTH CERTIFICATE AND THE 7,585
CHILD'S SOCIAL SECURITY NUMBER OR, IF THE COURT MADE ALL 7,586
REASONABLE EFFORTS TO OBTAIN THE INFORMATION BUT WAS 7,587
UNSUCCESSFUL, WITH DOCUMENTATION OF THE EFFORTS IT MADE TO OBTAIN 7,588
THE INFORMATION.
(D)(1) WITHIN TEN DAYS AFTER AN ADJUDICATION THAT A CHILD 7,591
IS A DELINQUENT CHILD, THE COURT SHALL GIVE WRITTEN NOTICE OF THE 7,592
ADJUDICATION TO THE SUPERINTENDENT OF A CITY, LOCAL, EXEMPTED 7,593
VILLAGE, OR JOINT VOCATIONAL SCHOOL DISTRICT, AND TO THE
PRINCIPAL OF THE SCHOOL THE CHILD ATTENDS, IF THE BASIS OF THE 7,595
ADJUDICATION WAS THE COMMISSION OF AN ACT THAT WOULD BE A
CRIMINAL OFFENSE IF COMMITTED BY AN ADULT, IF THE ACT WAS 7,596
COMMITTED BY THE DELINQUENT CHILD WHEN THE CHILD WAS FOURTEEN 7,597
YEARS OF AGE OR OLDER, AND IF THE ACT IS ANY OF THE FOLLOWING: 7,598
(a) AN ACT THAT WOULD BE A FELONY OR AN OFFENSE OF 7,600
VIOLENCE IF COMMITTED BY AN ADULT, AN ACT IN THE COMMISSION OF 7,601
WHICH THE CHILD USED OR BRANDISHED A FIREARM, OR AN ACT THAT IS A 7,603
VIOLATION OF SECTION 2907.06, 2907.07, 2907.08, 2907.09, 2907.24, 7,604
OR 2907.241 OF THE REVISED CODE AND THAT WOULD BE A MISDEMEANOR 7,605
IF COMMITTED BY AN ADULT;
(b) A VIOLATION OF SECTION 2923.12 OF THE REVISED CODE OR 7,608
OF A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE THAT WOULD BE A 7,609
172
MISDEMEANOR IF COMMITTED BY AN ADULT AND THAT WAS COMMITTED ON 7,610
PROPERTY OWNED OR CONTROLLED BY, OR AT AN ACTIVITY HELD UNDER THE
AUSPICES OF, THE BOARD OF EDUCATION OF THAT SCHOOL DISTRICT; 7,611
(c) A VIOLATION OF DIVISION (A) OF SECTION 2925.03 OR 7,613
2925.11 OF THE REVISED CODE THAT WOULD BE A MISDEMEANOR IF 7,614
COMMITTED BY AN ADULT, THAT WAS COMMITTED ON PROPERTY OWNED OR 7,616
CONTROLLED BY, OR AT AN ACTIVITY HELD UNDER THE AUSPICES OF, THE 7,617
BOARD OF EDUCATION OF THAT SCHOOL DISTRICT, AND THAT IS NOT A 7,618
MINOR DRUG POSSESSION OFFENSE; 7,619
(d) AN ACT THAT WOULD BE A CRIMINAL OFFENSE IF COMMITTED 7,621
BY AN ADULT AND THAT RESULTS IN SERIOUS PHYSICAL HARM TO PERSONS 7,622
OR SERIOUS PHYSICAL HARM TO PROPERTY WHILE THE CHILD IS AT 7,624
SCHOOL, ON ANY OTHER PROPERTY OWNED OR CONTROLLED BY THE BOARD, 7,625
OR AT AN INTERSCHOLASTIC COMPETITION, AN EXTRACURRICULAR EVENT, 7,626
OR ANY OTHER SCHOOL PROGRAM OR ACTIVITY;
(e) COMPLICITY IN ANY VIOLATION DESCRIBED IN DIVISION 7,629
(D)(1)(a), (b), (c), OR (d) OF THIS SECTION THAT WAS ALLEGED TO 7,632
HAVE BEEN COMMITTED IN THE MANNER DESCRIBED IN DIVISION 7,634
(D)(1)(a), (b), (c), OR (d) OF THIS SECTION, REGARDLESS OF 7,636
WHETHER THE ACT OF COMPLICITY WAS COMMITTED ON PROPERTY OWNED OR 7,637
CONTROLLED BY, OR AT AN ACTIVITY HELD UNDER THE AUSPICES OF, THE 7,638
BOARD OF EDUCATION OF THAT SCHOOL DISTRICT. 7,639
(2) THE NOTICE GIVEN PURSUANT TO DIVISION (K)(1) OF THIS 7,643
SECTION SHALL INCLUDE THE NAME OF THE CHILD WHO WAS ADJUDICATED 7,644
TO BE A DELINQUENT CHILD, THE CHILD'S AGE AT THE TIME THE CHILD 7,645
COMMITTED THE ACT THAT WAS THE BASIS OF THE ADJUDICATION, AND 7,646
IDENTIFICATION OF THE VIOLATION OF THE LAW OR ORDINANCE THAT WAS 7,647
THE BASIS OF THE ADJUDICATION.
(3) WITHIN FOURTEEN DAYS AFTER COMMITTING A DELINQUENT 7,650
CHILD TO THE CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES, THE 7,651
COURT SHALL GIVE NOTICE TO THE SCHOOL ATTENDED BY THE CHILD OF 7,652
THE CHILD'S COMMITMENT BY SENDING TO THAT SCHOOL A COPY OF THE 7,653
COURT'S JOURNAL ENTRY ORDERING THE COMMITMENT. AS SOON AS 7,654
POSSIBLE AFTER RECEIPT OF THE NOTICE DESCRIBED IN THIS DIVISION, 7,655
173
THE SCHOOL SHALL PROVIDE THE DEPARTMENT WITH THE CHILD'S SCHOOL 7,656
TRANSCRIPT. HOWEVER, THE DEPARTMENT SHALL NOT REFUSE TO ACCEPT A 7,657
CHILD COMMITTED TO IT, AND A CHILD COMMITTED TO IT SHALL NOT BE 7,658
HELD IN A COUNTY OR DISTRICT DETENTION FACILITY, BECAUSE OF A 7,659
SCHOOL'S FAILURE TO PROVIDE THE SCHOOL TRANSCRIPT THAT IT IS 7,661
REQUIRED TO PROVIDE UNDER THIS DIVISION.
(4) WITHIN FOURTEEN DAYS AFTER RELEASING A CHILD FROM AN 7,663
INSTITUTION UNDER ITS CONTROL, THE DEPARTMENT OF YOUTH SERVICES 7,664
SHALL PROVIDE THE COURT AND THE SCHOOL WITH AN UPDATED COPY OF 7,665
THE CHILD'S SCHOOL TRANSCRIPT AND A SUMMARY OF THE INSTITUTIONAL 7,666
RECORD OF THE CHILD. THE DEPARTMENT ALSO SHALL PROVIDE THE COURT 7,667
WITH A COPY OF ANY PORTION OF THE CHILD'S INSTITUTIONAL RECORD 7,669
THAT THE COURT SPECIFICALLY REQUESTS, WITHIN FIVE WORKING DAYS OF 7,670
THE REQUEST.
(E) AT ANY HEARING AT WHICH A CHILD IS ADJUDICATED A 7,672
DELINQUENT CHILD OR AS SOON AS POSSIBLE AFTER THE HEARING, THE 7,673
COURT SHALL NOTIFY ALL VICTIMS OF THE DELINQUENT ACT WHO MAY BE 7,674
ENTITLED TO A RECOVERY UNDER ANY OF THE FOLLOWING SECTIONS OF THE 7,675
RIGHT OF THE VICTIMS TO RECOVER, PURSUANT TO SECTION 3109.09 OF 7,676
THE REVISED CODE, COMPENSATORY DAMAGES FROM THE CHILD'S PARENTS; 7,677
OF THE RIGHT OF THE VICTIMS TO RECOVER, PURSUANT TO SECTION 7,679
3109.10 OF THE REVISED CODE, COMPENSATORY DAMAGES FROM THE 7,681
CHILD'S PARENTS FOR WILLFUL AND MALICIOUS ASSAULTS COMMITTED BY 7,682
THE CHILD; AND OF THE RIGHT OF THE VICTIMS TO RECOVER AN AWARD OF 7,683
REPARATIONS PURSUANT TO SECTIONS 2743.51 TO 2743.72 OF THE 7,684
REVISED CODE.
Sec. 2152.19. (A) IF A CHILD IS ADJUDICATED A DELINQUENT 7,686
CHILD, THE COURT MAY MAKE ANY OF THE FOLLOWING ORDERS OF 7,687
DISPOSITION, IN ADDITION TO ANY OTHER DISPOSITION AUTHORIZED OR 7,689
REQUIRED BY THIS CHAPTER: 7,690
(1) ANY ORDER THAT IS AUTHORIZED BY SECTION 2151.353 OF 7,693
THE REVISED CODE FOR THE CARE AND PROTECTION OF AN ABUSED, 7,694
NEGLECTED, OR DEPENDENT CHILD. 7,696
(2) COMMIT THE CHILD TO THE TEMPORARY CUSTODY OF ANY 7,698
174
SCHOOL, CAMP, INSTITUTION, OR OTHER FACILITY OPERATED FOR THE 7,699
CARE OF DELINQUENT CHILDREN BY THE COUNTY, BY A DISTRICT 7,700
ORGANIZED UNDER SECTION 2152.41 OR 2151.65 OF THE REVISED CODE, 7,701
OR BY A PRIVATE AGENCY OR ORGANIZATION, WITHIN OR WITHOUT THE 7,702
STATE, THAT IS AUTHORIZED AND QUALIFIED TO PROVIDE THE CARE, 7,703
TREATMENT, OR PLACEMENT REQUIRED;
(3) PLACE THE CHILD ON COMMUNITY CONTROL UNDER ANY 7,705
SANCTIONS, SERVICES, AND CONDITIONS THAT THE COURT PRESCRIBES. 7,706
AS A CONDITION OF COMMUNITY CONTROL IN EVERY CASE AND IN ADDITION 7,707
TO ANY OTHER CONDITION THAT IT IMPOSES UPON THE CHILD, THE COURT 7,708
SHALL REQUIRE THE CHILD TO ABIDE BY THE LAW DURING THE PERIOD OF 7,709
COMMUNITY CONTROL. AS REFERRED TO IN THIS DIVISION, COMMUNITY 7,710
CONTROL INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING SANCTIONS 7,711
AND CONDITIONS:
(a) A PERIOD OF BASIC PROBATION SUPERVISION IN WHICH THE 7,713
CHILD IS REQUIRED TO MAINTAIN CONTACT WITH A PERSON APPOINTED TO 7,714
SUPERVISE THE CHILD IN ACCORDANCE WITH SANCTIONS IMPOSED BY THE 7,716
COURT;
(b) A PERIOD OF INTENSIVE PROBATION SUPERVISION IN WHICH 7,718
THE CHILD IS REQUIRED TO MAINTAIN FREQUENT CONTACT WITH A PERSON 7,719
APPOINTED BY THE COURT TO SUPERVISE THE CHILD WHILE THE CHILD IS 7,721
SEEKING OR MAINTAINING EMPLOYMENT AND PARTICIPATING IN TRAINING, 7,722
EDUCATION, AND TREATMENT PROGRAMS AS THE ORDER OF DISPOSITION; 7,723
(c) A PERIOD OF DAY REPORTING IN WHICH THE CHILD IS 7,725
REQUIRED EACH DAY TO REPORT TO AND LEAVE A CENTER OR ANOTHER 7,726
APPROVED REPORTING LOCATION AT SPECIFIED TIMES IN ORDER TO 7,728
PARTICIPATE IN WORK, EDUCATION OR TRAINING, TREATMENT, AND OTHER 7,729
APPROVED PROGRAMS AT THE CENTER OR OUTSIDE THE CENTER; 7,730
(d) A PERIOD OF COMMUNITY SERVICE OF UP TO FIVE HUNDRED 7,732
HOURS FOR AN ACT THAT WOULD BE A FELONY OR A MISDEMEANOR OF THE 7,733
FIRST DEGREE IF COMMITTED BY AN ADULT, UP TO TWO HUNDRED HOURS 7,735
FOR AN ACT THAT WOULD BE A MISDEMEANOR OF THE SECOND, THIRD, OR 7,736
FOURTH DEGREE IF COMMITTED BY AN ADULT, OR UP TO THIRTY HOURS FOR 7,737
AN ACT THAT WOULD BE A MINOR MISDEMEANOR IF COMMITTED BY AN 7,738
175
ADULT;
(e) A REQUIREMENT THAT THE CHILD OBTAIN A HIGH SCHOOL 7,740
DIPLOMA, A CERTIFICATE OF HIGH SCHOOL EQUIVALENCE, VOCATIONAL 7,741
TRAINING, OR EMPLOYMENT; 7,742
(f) A PERIOD OF DRUG AND ALCOHOL USE MONITORING; 7,744
(g) A REQUIREMENT OF ALCOHOL OR DRUG ASSESSMENT OR 7,746
COUNSELING, OR A PERIOD IN AN ALCOHOL OR DRUG TREATMENT PROGRAM 7,747
WITH A LEVEL OF SECURITY FOR THE CHILD AS DETERMINED NECESSARY BY 7,749
THE COURT;
(h) A PERIOD IN WHICH THE COURT ORDERS THE CHILD TO 7,751
OBSERVE A CURFEW THAT MAY INVOLVE DAYTIME OR EVENING HOURS; 7,752
(i) A REQUIREMENT THAT THE CHILD SERVE MONITORED TIME; 7,754
(j) A PERIOD OF HOUSE ARREST WITH OR WITHOUT ELECTRONIC 7,756
MONITORING; 7,757
(k) A PERIOD OF ELECTRONIC MONITORING WITHOUT HOUSE ARREST 7,759
OR ELECTRONICALLY MONITORED HOUSE ARREST THAT DOES NOT EXCEED THE 7,760
MAXIMUM SENTENCE OF IMPRISONMENT THAT COULD BE IMPOSED UPON AN 7,762
ADULT WHO COMMITS THE SAME ACT.
A PERIOD OF ELECTRONICALLY MONITORED HOUSE ARREST IMPOSED 7,764
UNDER THIS DIVISION SHALL NOT EXTEND BEYOND THE CHILD'S 7,765
TWENTY-FIRST BIRTHDAY. IF A COURT IMPOSES A PERIOD OF 7,767
ELECTRONICALLY MONITORED HOUSE ARREST UPON A CHILD UNDER THIS 7,768
DIVISION, IT SHALL REQUIRE THE CHILD: TO WEAR, OTHERWISE HAVE 7,769
ATTACHED TO THE CHILD'S PERSON, OR OTHERWISE BE SUBJECT TO 7,770
MONITORING BY A CERTIFIED ELECTRONIC MONITORING DEVICE OR TO 7,771
PARTICIPATE IN THE OPERATION OF AND MONITORING BY A CERTIFIED 7,772
ELECTRONIC MONITORING SYSTEM; TO REMAIN IN THE CHILD'S HOME OR 7,773
OTHER SPECIFIED PREMISES FOR THE ENTIRE PERIOD OF ELECTRONICALLY 7,774
MONITORED HOUSE ARREST EXCEPT WHEN THE COURT PERMITS THE CHILD TO 7,775
LEAVE THOSE PREMISES TO GO TO SCHOOL OR TO OTHER SPECIFIED 7,776
PREMISES; TO BE MONITORED BY A CENTRAL SYSTEM THAT CAN DETERMINE 7,777
THE CHILD'S LOCATION AT DESIGNATED TIMES; TO REPORT PERIODICALLY 7,778
TO A PERSON DESIGNATED BY THE COURT; AND TO ENTER INTO A WRITTEN 7,779
CONTRACT WITH THE COURT AGREEING TO COMPLY WITH ALL REQUIREMENTS 7,780
176
IMPOSED BY THE COURT, AGREEING TO PAY ANY FEE IMPOSED BY THE 7,781
COURT FOR THE COSTS OF THE ELECTRONICALLY MONITORED HOUSE ARREST, 7,782
AND AGREEING TO WAIVE THE RIGHT TO RECEIVE CREDIT FOR ANY TIME 7,783
SERVED ON ELECTRONICALLY MONITORED HOUSE ARREST TOWARD THE PERIOD 7,784
OF ANY OTHER DISPOSITIONAL ORDER IMPOSED UPON THE CHILD IF THE 7,785
CHILD VIOLATES ANY OF THE REQUIREMENTS OF THE DISPOSITIONAL ORDER 7,786
OF ELECTRONICALLY MONITORED HOUSE ARREST. THE COURT ALSO MAY 7,787
IMPOSE OTHER REASONABLE REQUIREMENTS UPON THE CHILD.
UNLESS ORDERED BY THE COURT, A CHILD SHALL NOT RECEIVE 7,789
CREDIT FOR ANY TIME SERVED ON ELECTRONICALLY MONITORED HOUSE 7,791
ARREST TOWARD ANY OTHER DISPOSITIONAL ORDER IMPOSED UPON THE 7,792
CHILD FOR THE ACT FOR WHICH WAS IMPOSED THE DISPOSITIONAL ORDER 7,793
OF ELECTRONICALLY MONITORED HOUSE ARREST.
(l) A SUSPENSION OF THE DRIVER'S LICENSE, PROBATIONARY 7,795
DRIVER'S LICENSE, OR TEMPORARY INSTRUCTION PERMIT ISSUED TO THE 7,796
CHILD OR A SUSPENSION OF THE REGISTRATION OF ALL MOTOR VEHICLES 7,798
REGISTERED IN THE NAME OF THE CHILD. A CHILD WHOSE LICENSE OR 7,799
PERMIT IS SO SUSPENDED IS INELIGIBLE FOR ISSUANCE OF A LICENSE OR 7,800
PERMIT DURING THE PERIOD OF SUSPENSION. AT THE END OF THE PERIOD 7,801
OF SUSPENSION, THE CHILD SHALL NOT BE REISSUED A LICENSE OR 7,802
PERMIT UNTIL THE CHILD HAS PAID ANY APPLICABLE REINSTATEMENT FEE 7,803
AND COMPLIED WITH ALL REQUIREMENTS GOVERNING LICENSE 7,804
REINSTATEMENT.
(4) COMMIT THE CHILD TO THE CUSTODY OF THE COURT; 7,807
(5) REQUIRE THE CHILD TO NOT BE ABSENT WITHOUT LEGITIMATE 7,810
EXCUSE FROM THE PUBLIC SCHOOL THE CHILD IS SUPPOSED TO ATTEND FOR 7,811
FIVE OR MORE CONSECUTIVE DAYS, SEVEN OR MORE SCHOOL DAYS IN ONE 7,812
SCHOOL MONTH, OR TWELVE OR MORE SCHOOL DAYS IN A SCHOOL YEAR; 7,813
(6)(a) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 7,815
BEING A CHRONIC TRUANT OR AN HABITUAL TRUANT WHO PREVIOUSLY HAS 7,816
BEEN ADJUDICATED AN UNRULY CHILD FOR BEING A HABITUAL TRUANT, DO 7,818
EITHER OR BOTH OF THE FOLLOWING:
(i) REQUIRE THE CHILD TO PARTICIPATE IN A TRUANCY 7,820
PREVENTION MEDIATION PROGRAM; 7,821
177
(ii) MAKE ANY ORDER OF DISPOSITION AS AUTHORIZED BY THIS 7,823
SECTION, EXCEPT THAT THE COURT SHALL NOT COMMIT THE CHILD TO A 7,824
FACILITY DESCRIBED IN DIVISION (A)(2) OF THIS SECTION UNLESS THE 7,825
COURT DETERMINES THAT THE CHILD VIOLATED A LAWFUL COURT ORDER 7,826
MADE PURSUANT TO DIVISION (C)(1)(e) OF SECTION 2151.354 OF THE 7,828
REVISED CODE OR DIVISION (A)(5) OF THIS SECTION. 7,829
(b) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR BEING 7,831
A CHRONIC TRUANT OR A HABITUAL TRUANT WHO PREVIOUSLY HAS BEEN 7,832
ADJUDICATED AN UNRULY CHILD FOR BEING A HABITUAL TRUANT AND THE 7,834
COURT DETERMINES THAT THE PARENT, GUARDIAN, OR OTHER PERSON 7,835
HAVING CARE OF THE CHILD HAS FAILED TO CAUSE THE CHILD'S 7,836
ATTENDANCE AT SCHOOL IN VIOLATION OF SECTION 3321.38 OF THE 7,837
REVISED CODE, DO EITHER OR BOTH OF THE FOLLOWING: 7,838
(i) REQUIRE THE PARENT, GUARDIAN, OR OTHER PERSON HAVING 7,840
CARE OF THE CHILD TO PARTICIPATE IN A TRUANCY PREVENTION 7,841
MEDIATION PROGRAM;
(ii) REQUIRE THE PARENT, GUARDIAN, OR OTHER PERSON HAVING 7,844
CARE OF THE CHILD TO PARTICIPATE IN ANY COMMUNITY SERVICE 7,845
PROGRAM, PREFERABLY A COMMUNITY SERVICE PROGRAM THAT REQUIRES THE 7,847
INVOLVEMENT OF THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE 7,848
OF THE CHILD IN THE SCHOOL ATTENDED BY THE CHILD.
(7) MAKE ANY FURTHER DISPOSITION THAT THE COURT FINDS 7,850
PROPER, EXCEPT THAT THE CHILD SHALL NOT BE PLACED IN ANY OF THE 7,851
FOLLOWING:
(a) A STATE CORRECTIONAL INSTITUTION, A COUNTY, 7,853
MULTICOUNTY, OR MUNICIPAL JAIL OR WORKHOUSE, OR ANOTHER PLACE IN 7,854
WHICH AN ADULT CONVICTED OF A CRIME, UNDER ARREST, OR CHARGED 7,855
WITH A CRIME IS HELD; 7,856
(b) A COMMUNITY CORRECTIONS FACILITY, IF THE CHILD WOULD 7,858
BE COVERED BY THE DEFINITION OF PUBLIC SAFETY BEDS FOR PURPOSES 7,859
OF SECTIONS 5139.41 TO 5139.45 OF THE REVISED CODE IF THE COURT 7,860
EXERCISED ITS AUTHORITY TO COMMIT THE CHILD TO THE LEGAL CUSTODY 7,861
OF THE DEPARTMENT OF YOUTH SERVICES FOR INSTITUTIONALIZATION OR 7,863
INSTITUTIONALIZATION IN A SECURE FACILITY PURSUANT TO THIS
178
CHAPTER.
(B) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD, IN 7,865
ADDITION TO ANY ORDER OF DISPOSITION MADE UNDER DIVISION (A) OF 7,866
THIS SECTION, THE COURT, IN THE FOLLOWING SITUATIONS, SHALL 7,868
SUSPEND THE CHILD'S TEMPORARY INSTRUCTION PERMIT, RESTRICTED 7,869
LICENSE, PROBATIONARY DRIVER'S LICENSE, OR NONRESIDENT OPERATING 7,870
PRIVILEGE, OR SUSPEND THE CHILD'S ABILITY TO OBTAIN SUCH A 7,871
PERMIT:
(1) THE CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 7,873
VIOLATING SECTION 2923.122 OF THE REVISED CODE, WITH THE 7,874
SUSPENSION AND DENIAL BEING IN ACCORDANCE WITH DIVISION 7,875
(E)(1)(a), (c), (d), OR (e) OF SECTION 2923.122 OF THE REVISED 7,877
CODE.
(2) THE CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 7,879
COMMITTING AN ACT THAT IF COMMITTED BY AN ADULT WOULD BE A DRUG 7,880
ABUSE OFFENSE OR FOR VIOLATING DIVISION (B) OF SECTION 2917.11 OF 7,882
THE REVISED CODE, WITH THE SUSPENSION CONTINUING UNTIL THE CHILD 7,883
ATTENDS AND SATISFACTORILY COMPLETES A DRUG ABUSE OR ALCOHOL 7,884
ABUSE EDUCATION, INTERVENTION, OR TREATMENT PROGRAM SPECIFIED BY 7,885
THE COURT. DURING THE TIME THE CHILD IS ATTENDING THE PROGRAM, 7,886
THE COURT SHALL RETAIN ANY TEMPORARY INSTRUCTION PERMIT, 7,887
PROBATIONARY DRIVER'S LICENSE, OR DRIVER'S LICENSE ISSUED TO THE 7,888
CHILD, AND THE COURT SHALL RETURN THE PERMIT OR LICENSE WHEN THE 7,889
CHILD SATISFACTORILY COMPLETES THE PROGRAM.
(C) THE COURT MAY ESTABLISH A VICTIM-OFFENDER MEDIATION 7,891
PROGRAM IN WHICH VICTIMS AND THEIR OFFENDERS MEET TO DISCUSS THE 7,892
OFFENSE AND SUGGEST POSSIBLE RESTITUTION. IF THE COURT OBTAINS 7,893
THE ASSENT OF THE VICTIM OF THE DELINQUENT ACT COMMITTED BY THE 7,894
CHILD, THE COURT MAY REQUIRE THE CHILD TO PARTICIPATE IN THE 7,895
PROGRAM.
(D)(1) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 7,897
COMMITTING AN ACT THAT WOULD BE A FELONY IF COMMITTED BY AN ADULT 7,898
AND IF THE CHILD CAUSED, ATTEMPTED TO CAUSE, THREATENED TO CAUSE, 7,900
OR CREATED A RISK OF PHYSICAL HARM TO THE VICTIM OF THE ACT, THE 7,901
179
COURT, PRIOR TO ISSUING AN ORDER OF DISPOSITION UNDER THIS 7,902
SECTION, SHALL ORDER THE PREPARATION OF A VICTIM IMPACT STATEMENT 7,903
BY THE PROBATION DEPARTMENT OF THE COUNTY IN WHICH THE VICTIM OF 7,904
THE ACT RESIDES, BY THE COURT'S OWN PROBATION DEPARTMENT, OR BY A
VICTIM ASSISTANCE PROGRAM THAT IS OPERATED BY THE STATE, A 7,905
COUNTY, A MUNICIPAL CORPORATION, OR ANOTHER GOVERNMENTAL ENTITY. 7,906
THE COURT SHALL CONSIDER THE VICTIM IMPACT STATEMENT IN 7,907
DETERMINING THE ORDER OF DISPOSITION TO ISSUE FOR THE CHILD. 7,908
(2) EACH VICTIM IMPACT STATEMENT SHALL IDENTIFY THE VICTIM 7,910
OF THE ACT FOR WHICH THE CHILD WAS ADJUDICATED A DELINQUENT 7,911
CHILD, ITEMIZE ANY ECONOMIC LOSS SUFFERED BY THE VICTIM AS A 7,912
RESULT OF THE ACT, IDENTIFY ANY PHYSICAL INJURY SUFFERED BY THE 7,913
VICTIM AS A RESULT OF THE ACT AND THE SERIOUSNESS AND PERMANENCE 7,914
OF THE INJURY, IDENTIFY ANY CHANGE IN THE VICTIM'S PERSONAL 7,915
WELFARE OR FAMILIAL RELATIONSHIPS AS A RESULT OF THE ACT AND ANY 7,916
PSYCHOLOGICAL IMPACT EXPERIENCED BY THE VICTIM OR THE VICTIM'S 7,917
FAMILY AS A RESULT OF THE ACT, AND CONTAIN ANY OTHER INFORMATION 7,919
RELATED TO THE IMPACT OF THE ACT UPON THE VICTIM THAT THE COURT 7,920
REQUIRES.
(3) A VICTIM IMPACT STATEMENT SHALL BE KEPT CONFIDENTIAL 7,922
AND IS NOT A PUBLIC RECORD. HOWEVER, THE COURT MAY FURNISH 7,923
COPIES OF THE STATEMENT TO THE DEPARTMENT OF YOUTH SERVICES IF 7,924
THE DELINQUENT CHILD IS COMMITTED TO THE DEPARTMENT OR TO BOTH 7,925
THE ADJUDICATED DELINQUENT CHILD OR THE ADJUDICATED DELINQUENT 7,926
CHILD'S COUNSEL AND THE PROSECUTING ATTORNEY. THE COPY OF A 7,927
VICTIM IMPACT STATEMENT FURNISHED BY THE COURT TO THE DEPARTMENT 7,928
PURSUANT TO THIS SECTION SHALL BE KEPT CONFIDENTIAL AND IS NOT A 7,929
PUBLIC RECORD. THE COPIES OF A VICTIM IMPACT STATEMENT THAT ARE 7,930
MADE AVAILABLE TO THE ADJUDICATED DELINQUENT CHILD OR THE
ADJUDICATED DELINQUENT CHILD'S COUNSEL AND THE PROSECUTING 7,931
ATTORNEY PURSUANT TO THIS DIVISION SHALL BE RETURNED TO THE COURT 7,932
BY THE PERSON TO WHOM THEY WERE MADE AVAILABLE IMMEDIATELY 7,933
FOLLOWING THE IMPOSITION OF AN ORDER OF DISPOSITION FOR THE CHILD 7,934
UNDER THIS CHAPTER.
180
(4) THE DEPARTMENT OF YOUTH SERVICES SHALL WORK WITH LOCAL 7,936
PROBATION DEPARTMENTS AND VICTIM ASSISTANCE PROGRAMS TO DEVELOP A 7,937
STANDARD VICTIM IMPACT STATEMENT. 7,938
(E) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR BEING 7,940
A CHRONIC TRUANT OR AN HABITUAL TRUANT WHO PREVIOUSLY HAS BEEN 7,942
ADJUDICATED AN UNRULY CHILD FOR BEING AN HABITUAL TRUANT AND THE 7,943
COURT DETERMINES THAT THE PARENT, GUARDIAN, OR OTHER PERSON 7,944
HAVING CARE OF THE CHILD HAS FAILED TO CAUSE THE CHILD'S 7,945
ATTENDANCE AT SCHOOL IN VIOLATION OF SECTION 3321.38 OF THE 7,946
REVISED CODE, IN ADDITION TO ANY ORDER OF DISPOSITION IT MAKES 7,948
UNDER THIS SECTION, THE COURT SHALL WARN THE PARENT, GUARDIAN, OR 7,949
OTHER PERSON HAVING CARE OF THE CHILD THAT ANY SUBSEQUENT 7,950
ADJUDICATION OF THE CHILD AS AN UNRULY OR DELINQUENT CHILD FOR 7,951
BEING AN HABITUAL OR CHRONIC TRUANT MAY RESULT IN A CRIMINAL 7,952
CHARGE AGAINST THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE 7,953
OF THE CHILD FOR A VIOLATION OF DIVISION (C) OF SECTION 2919.21 7,954
OR SECTION 2919.24 OF THE REVISED CODE.
(F)(1) DURING THE PERIOD OF A DELINQUENT CHILD'S COMMUNITY 7,956
CONTROL GRANTED UNDER THIS SECTION, AUTHORIZED PROBATION OFFICERS 7,957
WHO ARE ENGAGED WITHIN THE SCOPE OF THEIR SUPERVISORY DUTIES OR 7,959
RESPONSIBILITIES MAY SEARCH, WITH OR WITHOUT A WARRANT, THE
PERSON OF THE DELINQUENT CHILD, THE PLACE OF RESIDENCE OF THE 7,960
DELINQUENT CHILD, AND A MOTOR VEHICLE, ANOTHER ITEM OF TANGIBLE 7,961
OR INTANGIBLE PERSONAL PROPERTY, OR OTHER REAL PROPERTY IN WHICH 7,962
THE DELINQUENT CHILD HAS A RIGHT, TITLE, OR INTEREST OR FOR WHICH 7,963
THE DELINQUENT CHILD HAS THE EXPRESS OR IMPLIED PERMISSION OF A 7,964
PERSON WITH A RIGHT, TITLE, OR INTEREST TO USE, OCCUPY, OR 7,965
POSSESS IF THE PROBATION OFFICERS HAVE REASONABLE GROUNDS TO 7,966
BELIEVE THAT THE DELINQUENT CHILD IS NOT ABIDING BY THE LAW OR 7,967
OTHERWISE IS NOT COMPLYING WITH THE CONDITIONS OF THE DELINQUENT 7,968
CHILD'S COMMUNITY CONTROL. THE COURT THAT PLACES A DELINQUENT 7,969
CHILD ON COMMUNITY CONTROL UNDER THIS SECTION SHALL PROVIDE THE 7,970
DELINQUENT CHILD WITH A WRITTEN NOTICE THAT INFORMS THE 7,971
DELINQUENT CHILD THAT AUTHORIZED PROBATION OFFICERS WHO ARE
181
ENGAGED WITHIN THE SCOPE OF THEIR SUPERVISORY DUTIES OR 7,972
RESPONSIBILITIES MAY CONDUCT THOSE TYPES OF SEARCHES DURING THE 7,973
PERIOD OF COMMUNITY CONTROL IF THEY HAVE REASONABLE GROUNDS TO 7,974
BELIEVE THAT THE DELINQUENT CHILD IS NOT ABIDING BY THE LAW OR 7,975
OTHERWISE IS NOT COMPLYING WITH THE CONDITIONS OF THE DELINQUENT 7,976
CHILD'S COMMUNITY CONTROL. THE COURT ALSO SHALL PROVIDE THE 7,977
WRITTEN NOTICE DESCRIBED IN DIVISION (E)(2) OF THIS SECTION TO 7,978
EACH PARENT, GUARDIAN, OR CUSTODIAN OF THE DELINQUENT CHILD WHO 7,979
IS DESCRIBED IN THAT DIVISION. 7,981
(2) THE COURT THAT PLACES A CHILD ON COMMUNITY CONTROL 7,983
UNDER THIS SECTION SHALL PROVIDE THE CHILD'S PARENT, GUARDIAN, OR 7,984
OTHER CUSTODIAN WITH A WRITTEN NOTICE THAT INFORMS THEM THAT 7,985
AUTHORIZED PROBATION OFFICERS MAY CONDUCT SEARCHES PURSUANT TO 7,986
DIVISION (E)(1) OF THIS SECTION. THE NOTICE SHALL SPECIFICALLY 7,987
STATE THAT A PERMISSIBLE SEARCH MIGHT EXTEND TO A MOTOR VEHICLE, 7,988
ANOTHER ITEM OF TANGIBLE OR INTANGIBLE PERSONAL PROPERTY, OR A 7,989
PLACE OF RESIDENCE OR OTHER REAL PROPERTY IN WHICH A NOTIFIED 7,990
PARENT, GUARDIAN, OR CUSTODIAN HAS A RIGHT, TITLE, OR INTEREST 7,991
AND THAT THE PARENT, GUARDIAN, OR CUSTODIAN EXPRESSLY OR 7,992
IMPLIEDLY PERMITS THE CHILD TO USE, OCCUPY, OR POSSESS. 7,993
Sec. 2152.20. (A) IF A CHILD IS ADJUDICATED A DELINQUENT 7,995
CHILD OR A JUVENILE TRAFFIC OFFENDER, THE COURT MAY ORDER ANY OF 7,996
THE FOLLOWING DISPOSITIONS, IN ADDITION TO ANY OTHER DISPOSITION 7,997
AUTHORIZED OR REQUIRED BY THIS CHAPTER: 7,998
(1) IMPOSE A FINE IN ACCORDANCE WITH THE FOLLOWING 8,000
SCHEDULE:
(a) FOR AN ACT THAT WOULD BE A MINOR MISDEMEANOR OR AN 8,002
UNCLASSIFIED MISDEMEANOR IF COMMITTED BY AN ADULT, A FINE NOT TO 8,003
EXCEED FIFTY DOLLARS; 8,004
(b) FOR AN ACT THAT WOULD BE A MISDEMEANOR OF THE FOURTH 8,006
DEGREE IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED ONE HUNDRED 8,007
DOLLARS; 8,008
(c) FOR AN ACT THAT WOULD BE A MISDEMEANOR OF THE THIRD 8,010
DEGREE IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED ONE HUNDRED 8,011
182
FIFTY DOLLARS; 8,012
(d) FOR AN ACT THAT WOULD BE A MISDEMEANOR OF THE SECOND 8,014
DEGREE IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED TWO HUNDRED 8,015
DOLLARS; 8,016
(e) FOR AN ACT THAT WOULD BE A MISDEMEANOR OF THE FIRST 8,018
DEGREE IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED TWO HUNDRED 8,019
FIFTY DOLLARS; 8,020
(f) FOR AN ACT THAT WOULD BE A FELONY OF THE FIFTH DEGREE 8,022
OR AN UNCLASSIFIED FELONY IF COMMITTED BY AN ADULT, A FINE NOT TO 8,023
EXCEED THREE HUNDRED DOLLARS; 8,024
(g) FOR AN ACT THAT WOULD BE A FELONY OF THE FOURTH DEGREE 8,026
IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED FOUR HUNDRED 8,027
DOLLARS;
(h) FOR AN ACT THAT WOULD BE A FELONY OF THE THIRD DEGREE 8,029
IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED SEVEN HUNDRED 8,030
FIFTY DOLLARS;
(i) FOR AN ACT THAT WOULD BE A FELONY OF THE SECOND DEGREE 8,032
IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED ONE THOUSAND 8,033
DOLLARS;
(j) FOR AN ACT THAT WOULD BE A FELONY OF THE FIRST DEGREE 8,035
IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED ONE THOUSAND FIVE 8,036
HUNDRED DOLLARS; 8,037
(k) FOR AN ACT THAT WOULD BE AGGRAVATED MURDER OR MURDER 8,039
IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED TWO THOUSAND 8,040
DOLLARS.
(2) REQUIRE THE CHILD TO PAY COSTS; 8,042
(3) REQUIRE THE CHILD TO MAKE RESTITUTION TO THE VICTIM OF 8,044
THE CHILD'S DELINQUENT ACT OR, IF THE VICTIM IS DECEASED, TO A 8,045
SURVIVOR OF THE VICTIM IN AN AMOUNT BASED UPON THE VICTIM'S 8,046
ECONOMIC LOSS CAUSED BY OR RELATED TO THE DELINQUENT ACT. 8,047
RESTITUTION REQUIRED UNDER THIS DIVISION SHALL BE MADE DIRECTLY 8,048
TO THE VICTIM IN OPEN COURT OR TO THE PROBATION DEPARTMENT THAT 8,049
SERVES THE JURISDICTION OR THE CLERK OF COURTS ON BEHALF OF THE 8,050
VICTIM. THE RESTITUTION MAY INCLUDE REIMBURSEMENT TO THIRD 8,051
183
PARTIES, OTHER THAN THE DELINQUENT CHILD'S INSURER, FOR AMOUNTS 8,052
PAID TO THE VICTIM OR TO ANY SURVIVOR OF THE VICTIM FOR ECONOMIC 8,053
LOSS RESULTING FROM THE DELINQUENT ACT. IF REIMBURSEMENT TO A 8,054
THIRD PARTY IS REQUIRED, THE REIMBURSEMENT SHALL BE MADE TO ANY 8,055
GOVERNMENTAL AGENCY TO REPAY ANY AMOUNTS THE AGENCY PAID TO THE 8,056
VICTIM OR ANY SURVIVOR OF THE VICTIM BEFORE ANY REIMBURSEMENT IS 8,057
MADE TO ANY OTHER PERSON.
RESTITUTION REQUIRED UNDER THIS DIVISION MAY BE IN THE FORM 8,059
OF A CASH REIMBURSEMENT PAID IN A LUMP SUM OR IN INSTALLMENTS, 8,060
THE PERFORMANCE OF REPAIR WORK TO RESTORE ANY DAMAGED PROPERTY TO 8,061
ITS ORIGINAL CONDITION, THE PERFORMANCE OF A REASONABLE AMOUNT OF 8,062
LABOR FOR THE VICTIM OR SURVIVOR OF THE VICTIM, THE PERFORMANCE 8,063
OF COMMUNITY SERVICE WORK, ANY OTHER FORM OF RESTITUTION DEVISED 8,064
BY THE COURT, OR ANY COMBINATION OF THE PREVIOUSLY DESCRIBED 8,065
FORMS OF RESTITUTION. 8,066
THE COURT MAY BASE THE RESTITUTION ORDER UNDER THIS 8,068
DIVISION ON AN AMOUNT RECOMMENDED BY THE VICTIM OR SURVIVOR OF 8,069
THE VICTIM, THE DELINQUENT CHILD, A PRESENTENCE INVESTIGATION 8,070
REPORT, ESTIMATES OR RECEIPTS INDICATING THE COST OF REPAIRING OR 8,071
REPLACING PROPERTY, AND ANY OTHER INFORMATION. IF THE AMOUNT OF 8,072
THE RESTITUTION IS DISPUTED BY THE VICTIM OR SURVIVOR OR BY THE 8,073
DELINQUENT CHILD, THE COURT SHALL HOLD A HEARING ON THE 8,074
RESTITUTION. THE COURT SHALL DETERMINE, OR ORDER THE 8,075
DETERMINATION OF, THE AMOUNT OF RESTITUTION TO BE PAID BY THE 8,076
DELINQUENT CHILD. ALL RESTITUTION PAYMENTS SHALL BE CREDITED 8,077
AGAINST ANY RECOVERY OF ECONOMIC LOSS IN A CIVIL ACTION BROUGHT 8,078
BY OR ON BEHALF OF THE VICTIM AGAINST THE DELINQUENT CHILD OR THE 8,079
DELINQUENT CHILD'S PARENT, GUARDIAN, OR OTHER CUSTODIAN. 8,080
THE COURT MAY ORDER THAT THE DELINQUENT CHILD PAY A 8,082
SURCHARGE, IN AN AMOUNT NOT EXCEEDING FIVE PER CENT OF THE AMOUNT 8,083
OF RESTITUTION OTHERWISE ORDERED UNDER THIS DIVISION, TO THE 8,084
ENTITY RESPONSIBLE FOR COLLECTING AND PROCESSING THE RESTITUTION 8,085
PAYMENTS.
THE VICTIM OR THE SURVIVOR OF THE VICTIM MAY REQUEST THAT 8,087
184
THE PROSECUTING AUTHORITY FILE A MOTION, OR THE DELINQUENT CHILD 8,088
MAY FILE A MOTION, FOR MODIFICATION OF THE PAYMENT TERMS OF ANY 8,089
RESTITUTION ORDERED UNDER THIS DIVISION, BASED ON A SUBSTANTIAL 8,090
CHANGE IN THE DELINQUENT CHILD'S ABILITY TO PAY. 8,091
(4) REQUIRE THE CHILD TO REIMBURSE ANY OR ALL OF THE COSTS 8,093
INCURRED FOR SERVICES OR SANCTIONS PROVIDED OR IMPOSED, 8,094
INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: 8,095
(a) ALL OR PART OF THE COSTS OF IMPLEMENTING ANY COMMUNITY 8,097
CONTROL IMPOSED AS A DISPOSITION UNDER SECTION 2152.19 OF THE 8,098
REVISED CODE, INCLUDING A SUPERVISION FEE; 8,099
(b) ALL OR PART OF THE COSTS OF CONFINEMENT IN A 8,101
RESIDENTIAL FACILITY DESCRIBED IN SECTION 2152.19 OF THE REVISED 8,102
CODE OR IN A DEPARTMENT OF YOUTH SERVICES INSTITUTION, INCLUDING, 8,103
BUT NOT LIMITED TO, A PER DIEM FEE FOR ROOM AND BOARD, THE COSTS 8,104
OF MEDICAL AND DENTAL TREATMENT PROVIDED, AND THE COSTS OF 8,105
REPAIRING PROPERTY THE DELINQUENT CHILD DAMAGED WHILE SO 8,106
CONFINED. THE AMOUNT OF REIMBURSEMENT ORDERED FOR A CHILD UNDER 8,107
THIS DIVISION SHALL NOT EXCEED THE TOTAL AMOUNT OF REIMBURSEMENT 8,109
THE CHILD IS ABLE TO PAY AS DETERMINED AT A HEARING AND SHALL NOT 8,110
EXCEED THE ACTUAL COST OF THE CONFINEMENT. THE COURT MAY COLLECT
ANY REIMBURSEMENT ORDERED UNDER THIS DIVISION. IF THE COURT DOES 8,112
NOT ORDER REIMBURSEMENT UNDER THIS DIVISION, CONFINEMENT COSTS 8,113
MAY BE ASSESSED PURSUANT TO A REPAYMENT POLICY ADOPTED UNDER
DIVISION (E) OF SECTION 307.93, DIVISION (A) OF SECTION 341.06, 8,115
DIVISION (D) OF SECTION 341.23, OR DIVISION (C) OF SECTION 8,116
753.02, 753.04, 2301.56, OR 2947.19 OF THE REVISED CODE. 8,117
(B)(1) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 8,119
VIOLATING SECTION 2923.32 OF THE REVISED CODE, THE COURT SHALL 8,120
ENTER AN ORDER OF CRIMINAL FORFEITURE AGAINST THE CHILD IN 8,121
ACCORDANCE WITH DIVISIONS (B)(3), (4), (5), AND (6) AND (C) TO 8,122
(F) OF SECTION 2923.32 OF THE REVISED CODE. 8,124
(2) SECTIONS 2925.41 TO 2925.45 OF THE REVISED CODE APPLY 8,127
TO CHILDREN WHO ARE ADJUDICATED OR COULD BE ADJUDICATED BY A
JUVENILE COURT TO BE DELINQUENT CHILDREN FOR AN ACT THAT, IF 8,128
185
COMMITTED BY AN ADULT, WOULD BE A FELONY DRUG ABUSE OFFENSE. 8,129
SUBJECT TO DIVISION (B) OF SECTION 2925.42 AND DIVISION (E) OF 8,130
SECTION 2925.43 OF THE REVISED CODE, A DELINQUENT CHILD OF THAT 8,132
NATURE LOSES ANY RIGHT TO THE POSSESSION OF, AND FORFEITS TO THE 8,133
STATE ANY RIGHT, TITLE, AND INTEREST THAT THE DELINQUENT CHILD
MAY HAVE IN, PROPERTY AS DEFINED IN SECTION 2925.41 OF THE 8,134
REVISED CODE AND FURTHER DESCRIBED IN SECTION 2925.42 OR 2925.43 8,135
OF THE REVISED CODE. 8,136
(3) SECTIONS 2923.44 TO 2923.47 OF THE REVISED CODE APPLY 8,139
TO CHILDREN WHO ARE ADJUDICATED OR COULD BE ADJUDICATED BY A
JUVENILE COURT TO BE DELINQUENT CHILDREN FOR AN ACT IN VIOLATION 8,140
OF SECTION 2923.42 OF THE REVISED CODE. SUBJECT TO DIVISION (B) 8,141
OF SECTION 2923.44 AND DIVISION (E) OF SECTION 2923.45 OF THE 8,143
REVISED CODE, A DELINQUENT CHILD OF THAT NATURE LOSES ANY RIGHT
TO THE POSSESSION OF, AND FORFEITS TO THE STATE ANY RIGHT, TITLE, 8,144
AND INTEREST THAT THE DELINQUENT CHILD MAY HAVE IN, PROPERTY AS 8,146
DEFINED IN SECTION 2923.41 OF THE REVISED CODE AND FURTHER 8,147
DESCRIBED IN SECTION 2923.44 OR 2923.45 OF THE REVISED CODE. 8,148
(C) THE COURT MAY HOLD A HEARING IF NECESSARY TO DETERMINE 8,150
WHETHER A CHILD IS ABLE TO PAY A SANCTION UNDER THIS SECTION. 8,151
(D) IF A CHILD WHO IS ADJUDICATED A DELINQUENT CHILD IS 8,153
INDIGENT, THE COURT SHALL CONSIDER IMPOSING A TERM OF COMMUNITY 8,154
SERVICE UNDER DIVISION (A) OF SECTION 2152.19 OF THE REVISED CODE 8,155
IN LIEU OF IMPOSING A FINANCIAL SANCTION UNDER THIS SECTION. IF 8,156
A CHILD WHO IS ADJUDICATED A DELINQUENT CHILD IS NOT INDIGENT, 8,157
THE COURT MAY IMPOSE A TERM OF COMMUNITY SERVICE UNDER THAT 8,158
DIVISION IN LIEU OF, OR IN ADDITION TO, IMPOSING A FINANCIAL 8,159
SANCTION UNDER THIS SECTION. THE COURT MAY ORDER COMMUNITY 8,160
SERVICE FOR AN ACT THAT IF COMMITTED BY AN ADULT WOULD BE A MINOR 8,161
MISDEMEANOR.
IF A CHILD FAILS TO PAY A FINANCIAL SANCTION IMPOSED UNDER 8,163
THIS SECTION, THE COURT MAY IMPOSE A TERM OF COMMUNITY SERVICE IN 8,164
LIEU OF THE SANCTION. 8,165
(E) THE CLERK OF THE COURT, OR ANOTHER PERSON AUTHORIZED 8,167
186
BY LAW OR BY THE COURT TO COLLECT A FINANCIAL SANCTION IMPOSED 8,168
UNDER THIS SECTION, MAY DO ANY OF THE FOLLOWING: 8,169
(1) ENTER INTO CONTRACTS WITH ONE OR MORE PUBLIC AGENCIES 8,171
OR PRIVATE VENDORS FOR THE COLLECTION OF THE AMOUNTS DUE UNDER 8,172
THE FINANCIAL SANCTION, WHICH AMOUNTS MAY INCLUDE INTEREST FROM 8,173
THE DATE OF IMPOSITION OF THE FINANCIAL SANCTION; 8,174
(2) PERMIT PAYMENT OF ALL, OR ANY PORTION OF, THE 8,176
FINANCIAL SANCTION IN INSTALLMENTS, BY CREDIT OR DEBIT CARD, BY 8,177
ANOTHER TYPE OF ELECTRONIC TRANSFER, OR BY ANY OTHER REASONABLE 8,178
METHOD, WITHIN ANY PERIOD OF TIME, AND ON ANY TERMS THAT THE 8,179
COURT CONSIDERS JUST, EXCEPT THAT THE MAXIMUM TIME PERMITTED FOR 8,180
PAYMENT SHALL NOT EXCEED FIVE YEARS. THE CLERK MAY PAY ANY FEE 8,181
ASSOCIATED WITH PROCESSING AN ELECTRONIC TRANSFER OUT OF PUBLIC 8,182
MONEY AND MAY CHARGE THE FEE TO THE DELINQUENT CHILD. 8,184
(3) TO DEFRAY ADMINISTRATIVE COSTS, CHARGE A REASONABLE 8,186
FEE TO A CHILD WHO ELECTS A PAYMENT PLAN RATHER THAN A LUMP SUM 8,187
PAYMENT OF A FINANCIAL SANCTION. 8,188
Sec. 2151.356 2152.21. (A) Unless division (C) of this 8,197
section applies, if a child is adjudicated a juvenile traffic 8,199
offender, the court may make any of the following orders of 8,200
disposition:
(1) Impose a fine and costs AND ONE OR MORE FINANCIAL 8,202
SANCTIONS in accordance with the schedule set forth in section 8,203
2151.3512 2152.20 of the Revised Code; 8,204
(2) Suspend the child's driver's license, probationary 8,206
driver's license, or temporary instruction permit or the 8,208
registration of all motor vehicles registered in the name of the 8,209
child for the A DEFINITE period that the court prescribes NOT 8,210
EXCEEDING TWO YEARS. A child whose license or permit is so 8,212
suspended is ineligible for issuance of a license or permit 8,213
during the period of suspension. At the end of the period of
suspension, the child shall not be reissued a license or permit 8,214
until the child has paid any applicable reinstatement fee and 8,216
complied with all requirements governing license reinstatement. 8,217
187
(3) Revoke the child's driver's license, probationary 8,219
driver's license, or temporary instruction permit or the 8,220
registration of all motor vehicles registered in the name of the 8,222
child. A child whose license or permit is so revoked is 8,223
ineligible for issuance of a license or permit during the period 8,224
of revocation. At the end of the period of revocation, the child 8,225
shall not be reissued a license or permit until the child has 8,227
paid any applicable reinstatement fee and complied with all
requirements governing license reinstatement. 8,228
(4) Place the child on probation COMMUNITY CONTROL; 8,230
(5)(4) Require the child to make restitution for all 8,232
damages caused by the child's traffic violation or any part of 8,233
the damages; 8,234
(6)(5)(a) If the child is adjudicated a juvenile traffic 8,236
offender for committing a violation of division (A) of section 8,238
4511.19 of the Revised Code or of a municipal ordinance that is 8,239
substantially comparable EQUIVALENT to that division, commit the 8,240
child, for not longer than five days, to EITHER OF THE FOLLOWING: 8,241
(i) TO the temporary custody of a detention home FACILITY 8,244
or district detention home FACILITY established under section 8,246
2151.34 2152.41 of the Revised Code, or to; 8,247
(ii) TO the temporary custody of any school, camp, 8,251
institution, or other facility for children operated in whole or 8,252
in part for the care of juvenile traffic offenders of that nature 8,253
by the county, by a district organized under section 2151.34 8,254
2152.41 or 2151.65 of the Revised Code, or by a private agency or 8,256
organization within the state that is authorized and qualified to 8,257
provide the care, treatment, or placement required. If
(b) IF an order of disposition committing a child to the 8,260
temporary custody of a home, school, camp, institution, or other 8,261
facility of that nature is made under division (A)(6)(5)(a) of 8,262
this section, the length of the commitment shall not be reduced 8,264
or diminished as a credit for any time that the child was held in 8,265
a place of detention or shelter care, or otherwise was detained, 8,266
188
prior to entry of the order of disposition.
(7)(6) If, after making a disposition under divisions 8,268
(A)(1) to (6) (5) of this section, the court finds upon further 8,269
hearing that the child has failed to comply with the orders of 8,271
the court and the child's operation of a motor vehicle 8,272
constitutes the child a danger to the child and to others, the 8,274
court may make any disposition authorized by divisions (A)(1), 8,275
(A)(2)(3), (A)(10) to (11)(4), and (A)(22)(7) of section 2151.355 8,277
2152.19 of the Revised Code, except that the child may not be 8,279
committed to or placed in a secure correctional facility unless
authorized by division (A)(6)(5) of this section, and commitment 8,280
to or placement in a detention home FACILITY may not exceed 8,282
twenty-four hours.
(B) If a child is adjudicated a juvenile traffic offender 8,284
for violating division (A) OR (B) of section 4511.19 of the 8,286
Revised Code, IN ADDITION TO ANY ORDER OF DISPOSITION MADE UNDER 8,287
DIVISION (A) OF THIS SECTION, the court shall suspend or revoke 8,288
the temporary instruction permit, probationary driver's license, 8,290
or driver's license issued to the child for a DEFINITE period of 8,291
time prescribed by the court AT LEAST THREE MONTHS BUT NOT MORE 8,292
THAN TWO YEARS or, at the discretion of the court, until the 8,293
child attends and satisfactorily completes a drug abuse or 8,294
alcohol abuse education, intervention, or treatment program 8,295
specified by the court. During the time the child is attending 8,296
the program, the court shall retain any temporary instruction 8,297
permit, probationary driver's license, or driver's license issued 8,298
to the child and shall return the permit or license when the 8,300
child satisfactorily completes the program. If a child is 8,301
adjudicated a juvenile traffic offender for violating division 8,302
(B) of section 4511.19 of the Revised Code, the court shall 8,303
suspend the temporary instruction permit, probationary driver's 8,304
license, or driver's license issued to the child for a period of 8,305
not less than sixty days nor more than two years. 8,306
(C) If a child is adjudicated a juvenile traffic offender 8,308
189
for violating division (B)(1) or (2) of section 4513.263 of the 8,310
Revised Code, the court shall impose the appropriate fine set
forth in section 4513.99 of the Revised Code. If a child is 8,311
adjudicated a juvenile traffic offender for violating division 8,313
(B)(3) of section 4513.263 of the Revised Code and if the child 8,314
is sixteen years of age or older, the court shall impose the fine 8,315
set forth in division (G) of section 4513.99 of the Revised Code. 8,316
If a child is adjudicated a juvenile traffic offender for 8,317
violating division (B)(3) of section 4513.263 of the Revised Code 8,318
and if the child is under sixteen years of age, the court shall 8,319
not impose a fine but may place the child on probation OR 8,320
COMMUNITY CONTROL.
(D) A juvenile traffic offender is subject to sections 8,322
4509.01 to 4509.78 of the Revised Code. 8,323
Sec. 2152.22. (A) WHEN A CHILD IS COMMITTED TO THE LEGAL 8,325
CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES UNDER THIS CHAPTER, 8,326
THE JUVENILE COURT RELINQUISHES CONTROL WITH RESPECT TO THE CHILD 8,327
SO COMMITTED, EXCEPT AS PROVIDED IN DIVISIONS (B), (C), AND (G) 8,329
OF THIS SECTION. SUBJECT TO DIVISIONS (B) AND (C) OF THIS 8,330
SECTION, SECTIONS 2151.353 AND 2151.412 TO 2151.421 OF THE 8,331
REVISED CODE, AND ANY OTHER PROVISION OF LAW THAT SPECIFIES A 8,332
DIFFERENT DURATION FOR A DISPOSITIONAL ORDER, ALL OTHER 8,333
DISPOSITIONAL ORDERS MADE BY THE COURT UNDER THIS CHAPTER SHALL 8,334
BE TEMPORARY AND SHALL CONTINUE FOR A PERIOD THAT IS DESIGNATED 8,336
BY THE COURT IN ITS ORDER, UNTIL TERMINATED OR MODIFIED BY THE 8,337
COURT OR UNTIL THE CHILD ATTAINS TWENTY-ONE YEARS OF AGE. 8,338
THE DEPARTMENT SHALL NOT RELEASE THE CHILD FROM A 8,341
DEPARTMENT FACILITY AND AS A RESULT SHALL NOT DISCHARGE THE CHILD 8,342
OR ORDER THE CHILD'S RELEASE ON SUPERVISED RELEASE PRIOR TO THE
EXPIRATION OF THE PERIOD OF COURT CONTROL OVER THE CHILD OR PRIOR 8,344
TO THE CHILD'S ATTAINMENT OF TWENTY-ONE YEARS OF AGE, EXCEPT UPON 8,346
THE ORDER OF A COURT PURSUANT TO DIVISION (B) OR (C) OF THIS 8,347
SECTION OR IN ACCORDANCE WITH SECTION 5139.54 OF THE REVISED 8,348
CODE.
190
(B)(1) THE COURT THAT COMMITS A DELINQUENT CHILD TO THE 8,350
DEPARTMENT MAY GRANT JUDICIAL RELEASE OF THE CHILD TO COURT 8,351
SUPERVISION UNDER THIS DIVISION, DURING ANY OF THE FOLLOWING 8,352
PERIODS THAT ARE APPLICABLE, PROVIDED ANY COMMITMENT IMPOSED 8,353
UNDER DIVISION (A), (B), OR (C) OF SECTION 2152.17 OF THE REVISED 8,354
CODE HAS ENDED: 8,355
(a) IF THE CHILD WAS GIVEN A DISPOSITION UNDER SECTION 8,358
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 8,359
ADULT, AT ANY TIME DURING THE FIRST NINETY DAYS OF THE PERIOD OF 8,361
COURT CONTROL OVER THE CHILD; 8,362
(b) IF THE CHILD WAS GIVEN A DISPOSITION UNDER SECTION 8,365
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 8,366
FIRST OR SECOND DEGREE IF COMMITTED BY AN ADULT, AT ANY TIME 8,367
DURING THE FIRST ONE HUNDRED EIGHTY DAYS OF THE PERIOD OF COURT 8,368
CONTROL OVER THE CHILD; 8,369
(c) IF THE CHILD WAS COMMITTED TO THE DEPARTMENT UNTIL THE 8,371
CHILD ATTAINS TWENTY-ONE YEARS OF AGE FOR AN ACT THAT WOULD BE 8,372
AGGRAVATED MURDER OR MURDER IF COMMITTED BY AN ADULT, AT ANY TIME 8,373
DURING THE FIRST HALF OF THE PRESCRIBED PERIOD OF THAT COMMITMENT 8,375
OF THE CHILD.
(2) IF THE DEPARTMENT OF YOUTH SERVICES DESIRES TO RELEASE 8,377
A CHILD DURING A PERIOD SPECIFIED IN DIVISION (B)(1) OF THIS 8,378
SECTION, IT SHALL REQUEST THE COURT THAT COMMITTED THE CHILD TO 8,379
GRANT A JUDICIAL RELEASE OF THE CHILD TO COURT SUPERVISION. 8,380
DURING WHICHEVER OF THOSE PERIODS IS APPLICABLE, THE CHILD OR THE 8,381
PARENTS OF THE CHILD ALSO MAY REQUEST THAT COURT TO GRANT A 8,382
JUDICIAL RELEASE OF THE CHILD TO COURT SUPERVISION. UPON RECEIPT 8,383
OF A REQUEST FOR A JUDICIAL RELEASE TO COURT SUPERVISION FROM THE 8,384
DEPARTMENT, THE CHILD, OR THE CHILD'S PARENT, OR UPON ITS OWN 8,385
MOTION, THE COURT THAT COMMITTED THE CHILD SHALL DO ONE OF THE 8,386
FOLLOWING: APPROVE THE RELEASE BY JOURNAL ENTRY; SCHEDULE WITHIN 8,387
THIRTY DAYS AFTER THE REQUEST IS RECEIVED A TIME FOR A HEARING ON 8,388
191
WHETHER THE CHILD IS TO BE RELEASED; OR REJECT THE REQUEST BY 8,389
JOURNAL ENTRY WITHOUT CONDUCTING A HEARING.
IF THE COURT REJECTS AN INITIAL REQUEST FOR A RELEASE UNDER 8,391
THIS DIVISION BY THE CHILD OR THE CHILD'S PARENT, THE CHILD OR 8,392
THE CHILD'S PARENT MAY MAKE ONE ADDITIONAL REQUEST FOR A JUDICIAL 8,393
RELEASE TO COURT SUPERVISION WITHIN THE APPLICABLE PERIOD. THE 8,394
ADDITIONAL REQUEST MAY BE MADE NO EARLIER THAN THIRTY DAYS AFTER 8,395
THE FILING OF THE PRIOR REQUEST FOR A JUDICIAL RELEASE TO COURT 8,396
SUPERVISION. UPON THE FILING OF A SECOND REQUEST FOR A JUDICIAL 8,397
RELEASE TO COURT SUPERVISION, THE COURT SHALL EITHER APPROVE OR
DISAPPROVE THE RELEASE BY JOURNAL ENTRY OR SCHEDULE WITHIN THIRTY 8,398
DAYS AFTER THE REQUEST IS RECEIVED A TIME FOR A HEARING ON 8,399
WHETHER THE CHILD IS TO BE RELEASED. 8,400
(3) IF A COURT SCHEDULES A HEARING UNDER DIVISION (B)(2) 8,402
OF THIS SECTION, IT MAY ORDER THE DEPARTMENT TO DELIVER THE CHILD 8,403
TO THE COURT ON THE DATE SET FOR THE HEARING AND MAY ORDER THE 8,404
DEPARTMENT TO PRESENT TO THE COURT A REPORT ON THE CHILD'S 8,405
PROGRESS IN THE INSTITUTION TO WHICH THE CHILD WAS COMMITTED AND 8,406
RECOMMENDATIONS FOR CONDITIONS OF SUPERVISION OF THE CHILD BY THE 8,407
COURT AFTER RELEASE. THE COURT MAY CONDUCT THE HEARING WITHOUT 8,408
THE CHILD BEING PRESENT. THE COURT SHALL DETERMINE AT THE 8,409
HEARING WHETHER THE CHILD SHOULD BE GRANTED A JUDICIAL RELEASE TO 8,410
COURT SUPERVISION.
IF THE COURT APPROVES THE RELEASE, IT SHALL ORDER ITS STAFF 8,412
TO PREPARE A WRITTEN TREATMENT AND REHABILITATION PLAN FOR THE 8,413
CHILD THAT MAY INCLUDE ANY CONDITIONS OF THE CHILD'S RELEASE THAT 8,414
WERE RECOMMENDED BY THE DEPARTMENT AND APPROVED BY THE COURT. 8,415
THE COMMITTING COURT SHALL SEND THE JUVENILE COURT OF THE COUNTY 8,416
IN WHICH THE CHILD IS PLACED A COPY OF THE RECOMMENDED PLAN. THE 8,417
COURT OF THE COUNTY IN WHICH THE CHILD IS PLACED MAY ADOPT THE 8,418
RECOMMENDED CONDITIONS SET BY THE COMMITTING COURT AS AN ORDER OF 8,419
THE COURT AND MAY ADD ANY ADDITIONAL CONSISTENT CONDITIONS IT 8,420
CONSIDERS APPROPRIATE. IF A CHILD IS GRANTED A JUDICIAL RELEASE 8,421
TO COURT SUPERVISION, THE RELEASE DISCHARGES THE CHILD FROM THE 8,422
192
CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES. 8,423
(C)(1) THE COURT THAT COMMITS A DELINQUENT CHILD TO THE 8,425
DEPARTMENT MAY GRANT JUDICIAL RELEASE OF THE CHILD TO DEPARTMENT 8,426
OF YOUTH SERVICES SUPERVISION UNDER THIS DIVISION, DURING ANY OF 8,428
THE FOLLOWING PERIODS THAT ARE APPLICABLE, PROVIDED ANY
COMMITMENT IMPOSED UNDER DIVISION (A), (B), OR (C) OF SECTION 8,430
2152.17 OF THE REVISED CODE HAS ENDED: 8,431
(a) IF THE CHILD WAS GIVEN A DISPOSITION UNDER SECTION 8,434
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 8,435
ANY TIME DURING THE PERIOD OF COURT CONTROL OVER THE CHILD, 8,437
PROVIDED THAT AT LEAST NINETY DAYS OF THAT PERIOD HAVE ELAPSED; 8,438
(b) IF THE CHILD WAS GIVEN A DISPOSITION UNDER SECTION 8,441
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 8,443
SECOND DEGREE IF COMMITTED BY AN ADULT, AT ANY TIME DURING THE 8,444
PERIOD OF COURT CONTROL OVER THE CHILD, PROVIDED THAT AT LEAST
ONE HUNDRED EIGHTY DAYS OF THAT PERIOD HAVE ELAPSED; 8,445
(c) IF THE CHILD WAS COMMITTED TO THE DEPARTMENT FOR AN 8,447
ACT THAT WOULD BE AGGRAVATED MURDER OR MURDER IF COMMITTED BY AN 8,448
ADULT UNTIL THE CHILD ATTAINS TWENTY-ONE YEARS OF AGE, AT ANY 8,449
TIME DURING THE SECOND HALF OF THE PRESCRIBED PERIOD OF THAT 8,450
COMMITMENT OF THE CHILD. 8,451
(2) IF THE DEPARTMENT OF YOUTH SERVICES DESIRES TO RELEASE 8,453
A CHILD DURING A PERIOD SPECIFIED IN DIVISION (C)(1) OF THIS 8,454
SECTION, IT SHALL REQUEST THE COURT THAT COMMITTED THE CHILD TO 8,455
GRANT A JUDICIAL RELEASE TO DEPARTMENT OF YOUTH SERVICES 8,456
SUPERVISION. DURING WHICHEVER OF THOSE PERIODS IS APPLICABLE, 8,457
THE CHILD OR THE CHILD'S PARENT ALSO MAY REQUEST THE COURT THAT 8,458
COMMITTED THE CHILD TO GRANT A JUDICIAL RELEASE TO DEPARTMENT OF 8,459
YOUTH SERVICES SUPERVISION. UPON RECEIPT OF A REQUEST FOR 8,460
JUDICIAL RELEASE TO DEPARTMENT OF YOUTH SERVICES SUPERVISION, THE 8,461
CHILD, OR THE CHILD'S PARENT, OR UPON ITS OWN MOTION AT ANY TIME 8,462
DURING THAT PERIOD, THE COURT SHALL DO ONE OF THE FOLLOWING: 8,463
193
APPROVE THE RELEASE BY JOURNAL ENTRY; SCHEDULE A TIME WITHIN 8,464
THIRTY DAYS AFTER RECEIPT OF THE REQUEST FOR A HEARING ON WHETHER 8,465
THE CHILD IS TO BE RELEASED; OR REJECT THE REQUEST BY JOURNAL 8,466
ENTRY WITHOUT CONDUCTING A HEARING.
IF THE COURT REJECTS AN INITIAL REQUEST FOR RELEASE UNDER 8,468
THIS DIVISION BY THE CHILD OR THE CHILD'S PARENT, THE CHILD OR 8,469
THE CHILD'S PARENT MAY MAKE ONE OR MORE SUBSEQUENT REQUESTS FOR A 8,470
RELEASE WITHIN THE APPLICABLE PERIOD, BUT MAY MAKE NO MORE THAN 8,471
ONE REQUEST DURING EACH PERIOD OF NINETY DAYS THAT THE CHILD IS 8,473
IN A SECURE DEPARTMENT FACILITY AFTER THE FILING OF A PRIOR 8,474
REQUEST FOR EARLY RELEASE. UPON THE FILING OF A REQUEST FOR 8,475
RELEASE UNDER THIS DIVISION SUBSEQUENT TO AN INITIAL REQUEST, THE 8,476
COURT SHALL EITHER APPROVE OR DISAPPROVE THE RELEASE BY JOURNAL 8,477
ENTRY OR SCHEDULE A TIME WITHIN THIRTY DAYS AFTER RECEIPT OF THE 8,478
REQUEST FOR A HEARING ON WHETHER THE CHILD IS TO BE RELEASED. 8,479
(3) IF A COURT SCHEDULES A HEARING UNDER DIVISION (C)(2) 8,481
OF THIS SECTION, IT MAY ORDER THE DEPARTMENT TO DELIVER THE CHILD 8,482
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 8,483
FOR THE CHILD'S POST-INSTITUTIONAL CARE. THE COURT MAY CONDUCT 8,484
THE HEARING WITHOUT THE CHILD BEING PRESENT. THE COURT SHALL 8,485
DETERMINE AT THE HEARING WHETHER THE CHILD SHOULD BE GRANTED A 8,486
JUDICIAL RELEASE TO DEPARTMENT OF YOUTH SERVICES SUPERVISION. 8,487
IF THE COURT APPROVES THE JUDICIAL RELEASE TO DEPARTMENT OF 8,489
YOUTH SERVICES SUPERVISION, THE DEPARTMENT SHALL PREPARE A 8,490
WRITTEN TREATMENT AND REHABILITATION PLAN FOR THE CHILD PURSUANT 8,491
TO DIVISION (E) OF THIS SECTION THAT SHALL INCLUDE THE CONDITIONS 8,492
OF THE CHILD'S RELEASE. IT SHALL SEND THE COMMITTING COURT AND 8,493
THE JUVENILE COURT OF THE COUNTY IN WHICH THE CHILD IS PLACED A 8,494
COPY OF THE PLAN. THE COURT OF THE COUNTY IN WHICH THE CHILD IS 8,495
PLACED MAY ADOPT THE CONDITIONS SET BY THE DEPARTMENT AS AN ORDER 8,496
OF THE COURT AND MAY ADD ANY ADDITIONAL CONSISTENT CONDITIONS IT 8,497
CONSIDERS APPROPRIATE, PROVIDED THAT THE COURT MAY NOT ADD ANY 8,498
CONDITION THAT DECREASES THE LEVEL OR DEGREE OF SUPERVISION 8,499
194
SPECIFIED BY THE DEPARTMENT IN ITS PLAN, THAT SUBSTANTIALLY 8,500
INCREASES THE FINANCIAL BURDEN OF SUPERVISION THAT WILL BE
EXPERIENCED BY THE DEPARTMENT, OR THAT ALTERS THE PLACEMENT 8,501
SPECIFIED BY THE DEPARTMENT IN ITS PLAN. IF THE COURT OF THE 8,502
COUNTY IN WHICH THE CHILD IS PLACED ADDS TO THE DEPARTMENT'S PLAN 8,503
ANY ADDITIONAL CONDITIONS, IT SHALL ENTER THOSE ADDITIONAL 8,504
CONDITIONS IN ITS JOURNAL AND SHALL SEND TO THE DEPARTMENT A COPY 8,505
OF THE JOURNAL ENTRY OF THE ADDITIONAL CONDITIONS. 8,506
IF THE COURT APPROVES THE JUDICIAL RELEASE TO DEPARTMENT OF 8,508
YOUTH SERVICES SUPERVISION, THE ACTUAL DATE ON WHICH THE 8,509
DEPARTMENT SHALL RELEASE THE CHILD IS CONTINGENT UPON THE 8,510
DEPARTMENT FINDING A SUITABLE PLACEMENT FOR THE CHILD. IF THE 8,511
CHILD IS TO BE RETURNED TO THE CHILD'S HOME, THE DEPARTMENT SHALL 8,512
RETURN THE CHILD ON THE DATE THAT THE COURT SCHEDULES FOR THE 8,513
CHILD'S RELEASE OR SHALL BEAR THE EXPENSE OF ANY ADDITIONAL TIME 8,514
THAT THE CHILD REMAINS IN A DEPARTMENT FACILITY. IF THE CHILD IS 8,515
UNABLE TO RETURN TO THE CHILD'S HOME, THE DEPARTMENT SHALL 8,516
EXERCISE REASONABLE DILIGENCE IN FINDING A SUITABLE PLACEMENT FOR 8,517
THE CHILD, AND THE CHILD SHALL REMAIN IN A DEPARTMENT FACILITY 8,518
WHILE THE DEPARTMENT FINDS THE SUITABLE PLACEMENT. 8,519
(D) IF A CHILD IS RELEASED UNDER DIVISION (B) OR (C) OF 8,522
THIS SECTION AND THE COURT OF THE COUNTY IN WHICH THE CHILD IS 8,523
PLACED HAS REASON TO BELIEVE THAT THE CHILD'S DEPORTMENT IS NOT 8,524
IN ACCORDANCE WITH THE CONDITIONS OF THE CHILD'S JUDICIAL 8,525
RELEASE, THE COURT OF THE COUNTY IN WHICH THE CHILD IS PLACED 8,526
SHALL SCHEDULE A TIME FOR A HEARING TO DETERMINE WHETHER THE 8,527
CHILD VIOLATED ANY OF THE POST-RELEASE CONDITIONS, AND, IF THE 8,528
CHILD WAS RELEASED UNDER DIVISION (C) OF THIS SECTION, DIVISIONS 8,529
(A) TO (E) OF SECTION 5139.52 OF THE REVISED CODE APPLY REGARDING 8,530
THE CHILD. 8,531
IF THAT COURT DETERMINES AT THE HEARING THAT THE CHILD 8,533
VIOLATED ANY OF THE POST-RELEASE CONDITIONS, THE COURT, IF IT 8,534
DETERMINES THAT THE VIOLATION WAS A SERIOUS VIOLATION, MAY ORDER 8,535
THE CHILD TO BE RETURNED TO THE DEPARTMENT FOR 8,536
195
INSTITUTIONALIZATION, CONSISTENT WITH THE ORIGINAL ORDER OF 8,537
COMMITMENT OF THE CHILD, OR IN ANY CASE MAY MAKE ANY OTHER 8,538
DISPOSITION OF THE CHILD AUTHORIZED BY LAW THAT THE COURT
CONSIDERS PROPER. IF THE COURT OF THE COUNTY IN WHICH THE CHILD 8,539
IS PLACED ORDERS THE CHILD TO BE RETURNED TO A DEPARTMENT OF
YOUTH SERVICES INSTITUTION, THE TIME DURING WHICH THE CHILD WAS 8,540
HELD IN A SECURE DEPARTMENT FACILITY PRIOR TO THE CHILD'S 8,541
JUDICIAL RELEASE SHALL BE CONSIDERED AS TIME SERVED IN FULFILLING 8,542
THE PRESCRIBED PERIOD OF INSTITUTIONALIZATION THAT IS APPLICABLE 8,543
TO THE CHILD UNDER THE CHILD'S ORIGINAL ORDER OF COMMITMENT. IF 8,544
THE COURT ORDERS THE CHILD RETURNED TO A DEPARTMENT INSTITUTION, 8,545
THE CHILD SHALL REMAIN IN INSTITUTIONAL CARE FOR A MINIMUM OF 8,546
THREE MONTHS OR UNTIL THE CHILD SUCCESSFULLY COMPLETES A 8,547
REVOCATION PROGRAM OF A DURATION OF NOT LESS THAN THIRTY DAYS 8,548
OPERATED EITHER BY THE DEPARTMENT OR BY AN ENTITY WITH WHICH THE 8,549
DEPARTMENT HAS CONTRACTED TO PROVIDE A REVOCATION PROGRAM. 8,550
(E) THE DEPARTMENT OF YOUTH SERVICES, PRIOR TO THE RELEASE 8,552
OF A CHILD PURSUANT TO DIVISION (C) OF THIS SECTION, SHALL DO ALL 8,553
OF THE FOLLOWING: 8,554
(1) AFTER REVIEWING THE CHILD'S REHABILITATIVE PROGRESS 8,556
HISTORY AND MEDICAL AND EDUCATIONAL RECORDS, PREPARE A WRITTEN 8,557
TREATMENT AND REHABILITATION PLAN FOR THE CHILD THAT INCLUDES 8,558
CONDITIONS OF THE RELEASE; 8,559
(2) COMPLETELY DISCUSS THE CONDITIONS OF THE PLAN PREPARED 8,561
PURSUANT TO DIVISION (E)(1) OF THIS SECTION AND THE POSSIBLE 8,562
PENALTIES FOR VIOLATION OF THE PLAN WITH THE CHILD AND THE 8,563
CHILD'S PARENTS, GUARDIAN, OR LEGAL CUSTODIAN; 8,564
(3) HAVE THE PLAN PREPARED PURSUANT TO DIVISION (E)(1) OF 8,566
THIS SECTION SIGNED BY THE CHILD, THE CHILD'S PARENTS, LEGAL 8,567
GUARDIAN, OR CUSTODIAN, AND ANY AUTHORITY OR PERSON THAT IS TO
SUPERVISE, CONTROL, AND PROVIDE SUPPORTIVE ASSISTANCE TO THE 8,568
CHILD AT THE TIME OF THE CHILD'S RELEASE PURSUANT TO DIVISION (C) 8,569
OF THIS SECTION; 8,570
(4) PRIOR TO THE CHILD'S RELEASE, FILE A COPY OF THE 8,572
196
TREATMENT PLAN PREPARED PURSUANT TO DIVISION (E)(1) OF THIS 8,573
SECTION WITH THE COMMITTING COURT AND THE JUVENILE COURT OF THE 8,574
COUNTY IN WHICH THE CHILD IS TO BE PLACED. 8,575
(F) THE DEPARTMENT OF YOUTH SERVICES SHALL FILE A WRITTEN 8,577
PROGRESS REPORT WITH THE COMMITTING COURT REGARDING EACH CHILD 8,578
RELEASED PURSUANT TO DIVISION (C) OF THIS SECTION AT LEAST ONCE 8,580
EVERY THIRTY DAYS UNLESS SPECIFICALLY DIRECTED OTHERWISE BY THE
COURT. THE REPORT SHALL INDICATE THE TREATMENT AND 8,582
REHABILITATIVE PROGRESS OF THE CHILD AND THE CHILD'S FAMILY, IF 8,583
APPLICABLE, AND SHALL INCLUDE ANY SUGGESTIONS FOR ALTERING THE 8,584
PROGRAM, CUSTODY, LIVING ARRANGEMENTS, OR TREATMENT. THE 8,585
DEPARTMENT SHALL RETAIN LEGAL CUSTODY OF A CHILD SO RELEASED 8,586
UNTIL IT DISCHARGES THE CHILD OR UNTIL THE CUSTODY IS TERMINATED 8,587
AS OTHERWISE PROVIDED BY LAW. 8,588
(G) WHEN A CHILD IS COMMITTED TO THE LEGAL CUSTODY OF THE 8,590
DEPARTMENT OF YOUTH SERVICES, THE COURT RETAINS JURISDICTION TO 8,591
PERFORM THE FUNCTIONS SPECIFIED IN SECTION 5139.51 OF THE REVISED 8,592
CODE WITH RESPECT TO THE GRANTING OF SUPERVISED RELEASE BY THE 8,594
RELEASE AUTHORITY AND TO PERFORM THE FUNCTIONS SPECIFIED IN 8,595
SECTION 5139.52 OF THE REVISED CODE WITH RESPECT TO VIOLATIONS OF 8,596
THE CONDITIONS OF SUPERVISED RELEASE GRANTED BY THE RELEASE 8,597
AUTHORITY AND TO THE REVOCATION OF SUPERVISED RELEASE GRANTED BY 8,598
THE RELEASE AUTHORITY. 8,599
Sec. 2151.312 2152.26. (A) Except as provided in 8,610
divisions (B) and (F) of this section, a child alleged to be or 8,612
adjudicated a delinquent child, an unruly child, or a juvenile 8,613
traffic offender may be held only in the following places: 8,614
(1) A certified foster home or a home approved by the 8,617
court;
(2) A facility operated by a certified child welfare 8,619
agency; 8,620
(3) Any other suitable place designated by the court. 8,622
(B) In addition to the places listed in division (A) of 8,624
this section, a child alleged to be or adjudicated a delinquent 8,625
197
child may be held in a detention home or center FACILITY for 8,626
delinquent children that is under the direction or supervision of 8,628
the court or other public authority or of a private agency and 8,629
approved by the court. Division (B) of this section does not 8,630
apply to a child alleged to be or adjudicated a delinquent child 8,631
for chronic truancy, unless the child violated a lawful court 8,632
order made pursuant to division (A)(23)(5) of section 2151.355 8,633
2152.19 of the Revised Code. Division (B) of this section also 8,635
does not apply to a child alleged to be or adjudicated a 8,637
delinquent child for being an habitual truant who previously has
been adjudicated an unruly child for being an habitual truant, 8,638
unless the child violated a lawful court order made pursuant to 8,640
division (C)(1)(e) of section 2151.354 of the Revised Code. 8,641
(C)(1) Except as provided under division (C)(1) of section 8,643
2151.311 of the Revised Code or division (A)(6)(5) of section 8,644
2151.356 2152.21 of the Revised Code, a child alleged to be or 8,647
adjudicated a neglected child, an abused child, a dependent 8,648
child, an unruly child, or a juvenile traffic offender may not be 8,649
held in any of the following facilities: 8,651
(a) A state correctional institution, county, multicounty, 8,654
or municipal jail or workhouse, or other place in which an adult 8,655
convicted of crime, under arrest, or charged with a crime is 8,656
held.
(b) A secure correctional facility. 8,658
(2) Except as provided under THIS SECTION, sections 8,660
2151.56 to 2151.61, and division (A)(6)(5) of section 2151.356 8,662
2152.21 of the Revised Code and division (C)(3) of this section, 8,664
a child alleged to be or adjudicated an unruly child or a
juvenile traffic offender may not be held for more than 8,666
twenty-four hours in a detention home FACILITY. A child alleged 8,667
to be or adjudicated a neglected child, an abused child, or a 8,669
dependent child shall not be held in a detention home.
(3) A child who is alleged to be or who is adjudicated an 8,671
unruly child and who is taken into custody on a Saturday, Sunday, 8,673
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 8,674
that is not a Saturday, Sunday, or legal holiday. 8,675
(D) Except as provided in division (F) of this section or 8,677
in division (C) of section 2151.311, in division (C)(2) of 8,678
section 5139.06 and section 5120.162, or in division (B) of 8,680
section 5120.16 of the Revised Code, a child who is alleged to be 8,681
or is adjudicated a delinquent child may not be held in a state 8,682
correctional institution, county, multicounty, or municipal jail 8,683
or workhouse, or other place where an adult convicted of crime, 8,684
under arrest, or charged with crime is held. 8,685
(E) Unless the detention is pursuant to division (F) of 8,687
this section or division (C) of section 2151.311, division (C)(2) 8,689
of section 5139.06 and section 5120.162, or division (B) of 8,690
section 5120.16 of the Revised Code, the official in charge of 8,691
the institution, jail, workhouse, or other facility shall inform 8,692
the court immediately when a child, who is or appears to be under 8,693
the age of eighteen years, is received at the facility, and shall 8,694
deliver the child to the court upon request or transfer the child 8,695
to a detention facility designated by the court. 8,696
(F) If a case is transferred to another court for criminal 8,698
prosecution pursuant to section 2151.26 2152.12 of the Revised 8,699
Code, the child may be transferred for detention pending the 8,701
criminal prosecution in a jail or other facility in accordance 8,702
with the law governing the detention of persons charged with 8,703
crime. Any child so held shall be confined in a manner that 8,704
keeps the child beyond the range of touch of all adult detainees. 8,705
The child shall be supervised at all times during the detention. 8,706
Sec. 2151.34 2152.41. A child who is alleged to be or 8,715
adjudicated a delinquent child may be confined in a place of 8,718
juvenile detention for a period not to exceed ninety days, during 8,719
which time a social history may be prepared to include court 8,720
record, family history, personal history, school and attendance 8,721
records, and any other pertinent studies and material that will 8,722
199
be of assistance to the juvenile court in its disposition of the 8,723
charges against that juvenile offender.
(A) Upon the advice and recommendation of the judge, the 8,725
board of county commissioners shall provide, by purchase, lease, 8,727
construction, or otherwise, a place to be known as a detention 8,728
home FACILITY that shall be within a convenient distance of the 8,729
juvenile court and. THE FACILITY shall not be used for the 8,731
confinement of adults charged with criminal offenses and in 8,733
which. THE FACILITY MAY BE USED TO DETAIN ALLEGED delinquent 8,734
children may be detained until final disposition. Upon FOR 8,735
EVALUATION PURSUANT TO SECTION 2152.04 OF THE REVISED CODE AND 8,736
FOR CHILDREN ADJUDICATED JUVENILE TRAFFIC OFFENDERS UNDER
DIVISION (A)(5) OR (6) OF SECTION 2152.21 OF THE REVISED CODE. 8,737
(B) UPON the joint advice and recommendation of the 8,739
juvenile judges of two or more adjoining or neighboring counties, 8,741
the boards of county commissioners of the counties shall form 8,742
themselves into a joint board and proceed to organize a district 8,743
for the establishment and support of a detention home FACILITY 8,744
for the use of the juvenile courts of those counties, in which 8,746
ALLEGED delinquent children may be detained until final 8,747
disposition AS PROVIDED IN DIVISION (A) OF THIS SECTION, by using 8,748
a site or buildings already established in one of the counties or 8,749
by providing for the purchase of a site and the erection of the 8,750
necessary buildings on the site. 8,751
A child who is adjudicated to be a juvenile traffic 8,753
offender for having committed a violation of division (A) of 8,754
section 4511.19 of the Revised Code or of a municipal ordinance 8,755
that is substantially comparable to that division may be confined 8,756
in a detention home FACILITY or district detention home FACILITY 8,758
pursuant to division (A)(6)(5) of section 2151.356 2152.21 of the 8,760
Revised Code, provided the child is kept separate and apart from 8,761
alleged delinquent children.
The county or district detention home shall be maintained 8,763
as provided in sections 2151.01 to 2151.54 of the Revised Code. 8,764
200
In EXCEPT AS OTHERWISE PROVIDED BY LAW, DISTRICT DETENTION 8,765
FACILITIES SHALL BE ESTABLISHED, OPERATED, MAINTAINED, AND 8,766
MANAGED IN THE SAME MANNER SO FAR AS APPLICABLE AS COUNTY 8,767
DETENTION FACILITIES.
MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS WHO MEET BY 8,769
APPOINTMENT TO CONSIDER THE ORGANIZATION OF A DISTRICT DETENTION 8,770
HOME, UPON PRESENTATION OF PROPERLY CERTIFIED ACCOUNTS, SHALL BE 8,771
PAID THEIR NECESSARY EXPENSES UPON A WARRANT DRAWN BY THE COUNTY 8,772
AUDITOR OF THEIR COUNTY. 8,773
THE COUNTY AUDITOR OF THE COUNTY HAVING THE GREATEST 8,775
POPULATION OR, WITH THE UNANIMOUS CONCURRENCE OF THE COUNTY 8,776
AUDITORS OF THE COUNTIES COMPOSING A DISTRICT, THE AUDITOR OF THE 8,777
COUNTY IN WHICH THE DETENTION FACILITY IS LOCATED SHALL BE THE 8,778
FISCAL OFFICER OF A DETENTION FACILITY DISTRICT. THE COUNTY 8,779
AUDITORS OF THE SEVERAL COUNTIES COMPOSING A DETENTION FACILITY 8,780
DISTRICT SHALL MEET AT THE DISTRICT DETENTION FACILITY, NOT LESS 8,781
THAN ONCE IN SIX MONTHS, TO REVIEW ACCOUNTS AND TO TRANSACT ANY 8,782
OTHER DUTIES IN CONNECTION WITH THE INSTITUTION THAT PERTAIN TO 8,783
THE BUSINESS OF THEIR OFFICE.
(C) IN any county in which there is no detention home 8,785
FACILITY or that is not served by a district detention home 8,788
FACILITY, the JUVENILE COURT MAY ENTER INTO A CONTRACT, SUBJECT 8,789
TO THE APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS, WITH 8,790
ANOTHER JUVENILE COURT, ANOTHER COUNTY'S DETENTION FACILITY, OR A 8,791
JOINT COUNTY DETENTION FACILITY. ALTERNATELY, THE board of
county commissioners shall provide funds for the boarding of such 8,793
children, WHO WOULD BE ELIGIBLE FOR DETENTION UNDER DIVISION (A) 8,795
OF THIS SECTION, temporarily in private homes. Children who are 8,796
alleged to be or have been adjudicated delinquent children may be 8,797
detained after a complaint is filed in the detention home until 8,798
final disposition of their cases or in certified foster homes or 8,799
in any other home approved by the court, if any are available, 8,800
for a period not exceeding sixty days or until final disposition 8,801
of their cases, whichever comes first. The court also may 8,802
201
arrange with any public children services agency or private child 8,803
placing agency to receive, or private noncustodial agency for 8,804
temporary care of, the children within the jurisdiction of the 8,805
court. A district detention home approved for such purpose by 8,806
the department of youth services under section 5139.281 of the 8,807
Revised Code may receive children committed to its temporary 8,808
custody under section 2151.355 of the Revised Code and provide 8,809
the care, treatment, and training required. 8,810
If a detention home is established as an agency of the 8,812
court or a district detention home is established by the courts 8,813
of several counties as provided in this section, it shall be 8,814
furnished and carried on, as far as possible, as a family home in 8,815
charge of a superintendent or matron in a nonpunitive neutral 8,816
atmosphere. The judge, or the directing board of a district 8,817
detention home, may appoint a superintendent, a matron, and other 8,818
necessary employees for the home and fix their salaries. During 8,819
the school year, when possible, a comparable educational program 8,820
with competent and trained staff shall be provided for those 8,821
children of school age. A sufficient number of trained 8,822
recreational personnel shall be included among the staff to 8,823
assure wholesome and profitable leisure-time activities. Medical 8,824
and mental health services shall be made available to ensure the 8,825
courts all possible treatment facilities shall be given to those 8,826
children placed under their care. In the case of a county 8,827
detention home, the salaries shall be paid in the same manner as 8,828
is provided by section 2151.13 of the Revised Code for other 8,829
employees of the court, and the necessary expenses incurred in 8,830
maintaining the detention home shall be paid by the county. In 8,831
the case of a district detention home, the salaries and the 8,832
necessary expenses incurred in maintaining the district detention 8,833
home shall be paid as provided in sections 2151.341 to 2151.3415 8,834
of the Revised Code. 8,835
If the court arranges for the board of children temporarily 8,837
detained in certified foster homes or arranges for the board of 8,839
202
those children through any private child placing agency, THE 8,840
COUNTY SHALL PAY a reasonable sum to be fixed by the court for 8,842
the board of those children shall be paid by the county. In 8,843
order to have certified foster homes available for service, an 8,845
agreed monthly subsidy may be paid and a fixed rate per day for 8,846
care of children actually residing in the certified foster home. 8,847
(D) THE BOARD OF COUNTY COMMISSIONERS OF ANY COUNTY WITHIN 8,849
A DETENTION FACILITY DISTRICT, UPON THE RECOMMENDATION OF THE 8,850
JUVENILE COURT OF THAT COUNTY, MAY WITHDRAW FROM THE DISTRICT AND 8,852
SELL OR LEASE ITS RIGHT, TITLE, AND INTEREST IN THE SITE, 8,853
BUILDINGS, FURNITURE, AND EQUIPMENT OF THE FACILITY TO ANY
COUNTIES IN THE DISTRICT, AT ANY PRICE AND UPON ANY SUCH TERMS 8,854
THAT ARE AGREED UPON AMONG THE BOARDS OF COUNTY COMMISSIONERS OF 8,855
THE COUNTIES CONCERNED. SECTION 307.10 OF THE REVISED CODE DOES 8,856
NOT APPLY TO THIS DIVISION. THE NET PROCEEDS OF ANY SALE OR 8,858
LEASE UNDER THIS DIVISION SHALL BE PAID INTO THE TREASURY OF THE 8,860
WITHDRAWING COUNTY.
THE MEMBERS OF THE BOARD OF TRUSTEES OF A DISTRICT 8,862
DETENTION FACILITY WHO ARE RESIDENTS OF A COUNTY WITHDRAWING FROM 8,863
THE DISTRICT ARE DEEMED TO HAVE RESIGNED THEIR POSITIONS UPON THE 8,864
COMPLETION OF THE WITHDRAWAL PROCEDURE PROVIDED BY THIS DIVISION. 8,865
THE VACANCIES THEN CREATED SHALL BE FILLED AS PROVIDED IN THIS 8,866
SECTION.
(E) THE CHILDREN TO BE ADMITTED FOR CARE IN A COUNTY OR 8,868
DISTRICT DETENTION FACILITY ESTABLISHED UNDER THIS SECTION, THE 8,869
PERIOD DURING WHICH THEY SHALL BE CARED FOR IN THE FACILITY, AND 8,870
THE REMOVAL AND TRANSFER OF CHILDREN FROM THE FACILITY SHALL BE 8,871
DETERMINED BY THE JUVENILE COURT THAT ORDERED THE CHILD'S 8,872
DETENTION. 8,873
Sec. 2152.42. (A) ANY DETENTION FACILITY ESTABLISHED 8,875
UNDER SECTION 2152.41 OF THE REVISED CODE SHALL BE UNDER THE 8,876
DIRECTION OF A SUPERINTENDENT. THE SUPERINTENDENT SHALL BE 8,877
APPOINTED BY, AND UNDER THE DIRECTION OF, THE JUDGE OR JUDGES OR, 8,878
FOR A DISTRICT FACILITY, THE BOARD OF TRUSTEES OF THE FACILITY. 8,879
203
THE SUPERINTENDENT SERVES AT THE PLEASURE OF THE JUVENILE COURT 8,880
OR, IN A DISTRICT DETENTION FACILITY, AT THE PLEASURE OF THE 8,881
BOARD OF TRUSTEES. 8,882
BEFORE COMMENCING WORK AS SUPERINTENDENT, THE PERSON 8,884
APPOINTED SHALL OBTAIN A BOND, WITH SUFFICIENT SURETY, 8,885
CONDITIONED UPON THE FULL AND FAITHFUL ACCOUNTING OF THE FUNDS 8,886
AND PROPERTIES UNDER THE SUPERINTENDENT'S CONTROL. 8,887
THE SUPERINTENDENT, UNDER THE SUPERVISION AND SUBJECT TO 8,889
THE RULES AND REGULATIONS OF THE BOARD, SHALL CONTROL, MANAGE, 8,890
OPERATE, AND HAVE GENERAL CHARGE OF THE FACILITY AND SHALL HAVE 8,891
THE CUSTODY OF ITS PROPERTY, FILES, AND RECORDS. 8,892
(B) FOR A COUNTY FACILITY, THE SUPERINTENDENT SHALL 8,894
APPOINT ALL EMPLOYEES OF THE FACILITY, WHO SHALL BE IN THE 8,895
UNCLASSIFIED CIVIL SERVICE. THE SALARIES SHALL BE PAID AS 8,896
PROVIDED BY SECTION 2151.13 OF THE REVISED CODE FOR OTHER 8,897
EMPLOYEES OF THE COURT, AND THE NECESSARY EXPENSES INCURRED IN 8,898
MAINTAINING THE FACILITY SHALL BE PAID BY THE COUNTY. 8,899
FOR A DISTRICT FACILITY, THE SUPERINTENDENT SHALL APPOINT 8,901
OTHER EMPLOYEES OF THE FACILITY AND FIX THEIR COMPENSATION, 8,902
SUBJECT TO APPROVAL OF THE BOARD OF TRUSTEES. EMPLOYEES OF A 8,903
DISTRICT FACILITY, EXCEPT FOR THE SUPERINTENDENT, SHALL BE IN THE 8,904
CLASSIFIED CIVIL SERVICE. 8,905
(C) DURING THE SCHOOL YEAR, WHEN POSSIBLE, A COMPARABLE 8,907
EDUCATIONAL PROGRAM WITH COMPETENT AND TRAINED STAFF SHALL BE 8,908
PROVIDED FOR CHILDREN OF SCHOOL AGE WHO ARE IN THE FACILITY. A
SUFFICIENT NUMBER OF TRAINED RECREATIONAL PERSONNEL SHALL BE 8,909
INCLUDED AMONG THE STAFF. MEDICAL AND MENTAL HEALTH SERVICES 8,910
SHALL BE MADE AVAILABLE. 8,911
Sec. 2151.341 2152.43. (A) A board of county 8,920
commissioners that provides a detention home FACILITY and the 8,922
board of trustees of a district detention home FACILITY may make 8,923
application APPLY to the department of youth services under 8,924
section 5139.281 of the Revised Code for financial assistance in 8,925
defraying the cost of operating and maintaining the home 8,927
204
FACILITY. Such THE application shall be made on forms prescribed 8,929
and furnished by the department. The
THE BOARD OF COUNTY COMMISSIONERS OF EACH COUNTY THAT 8,931
PARTICIPATES IN A DISTRICT DETENTION FACILITY MAY APPLY TO THE 8,932
DEPARTMENT OF YOUTH SERVICES FOR ASSISTANCE IN DEFRAYING THE 8,933
COUNTY'S SHARE OF THE COST OF ACQUISITION OR CONSTRUCTION OF THE 8,934
FACILITY, AS PROVIDED IN SECTION 5139.271 OF THE REVISED CODE. 8,935
APPLICATION SHALL BE MADE IN ACCORDANCE WITH RULES ADOPTED BY THE 8,936
DEPARTMENT. NO COUNTY SHALL BE REIMBURSED FOR EXPENSES INCURRED 8,937
IN THE ACQUISITION OR CONSTRUCTION OF A DISTRICT DETENTION 8,939
FACILITY THAT SERVES A DISTRICT HAVING A POPULATION OF LESS THAN 8,940
ONE HUNDRED THOUSAND.
(B)(1) THE joint boards of county commissioners of 8,944
district detention homes FACILITIES shall make annual assessments 8,945
of taxes sufficient to support and defray all necessary expenses 8,947
of such home THE FACILITY not paid from funds made available 8,948
under section 5139.281 of the Revised Code, THROUGH ANNUAL 8,949
ASSESSMENTS OF TAXES, THROUGH GIFTS, OR THROUGH OTHER MEANS. 8,950
IF ANY COUNTY WITHDRAWS FROM A DISTRICT UNDER DIVISION (D) 8,952
OF SECTION 2152.41 OF THE REVISED CODE, IT SHALL CONTINUE TO HAVE 8,954
LEVIED AGAINST ITS TAX DUPLICATE ANY TAX LEVIED BY THE DISTRICT 8,955
DURING THE PERIOD IN WHICH THE COUNTY WAS A MEMBER OF THE 8,956
DISTRICT FOR CURRENT OPERATING EXPENSES, PERMANENT IMPROVEMENTS, 8,957
OR THE RETIREMENT OF BONDED INDEBTEDNESS. THE LEVY SHALL 8,958
CONTINUE TO BE A LEVY AGAINST THE TAX DUPLICATE OF THE COUNTY 8,959
UNTIL THE TIME THAT IT EXPIRES OR IS RENEWED. 8,960
(2) THE CURRENT EXPENSES OF MAINTAINING THE FACILITY NOT 8,962
PAID FROM FUNDS MADE AVAILABLE UNDER SECTION 5139.281 OF THE 8,963
REVISED CODE OR DIVISION (C) OF THIS SECTION, AND THE COST OF 8,965
ORDINARY REPAIRS TO THE FACILITY, SHALL BE PAID BY EACH COUNTY IN 8,966
ACCORDANCE WITH ONE OF THE FOLLOWING METHODS AS APPROVED BY THE 8,967
JOINT BOARD OF COUNTY COMMISSIONERS: 8,969
(a) IN PROPORTION TO THE NUMBER OF CHILDREN FROM THAT 8,971
COUNTY WHO ARE MAINTAINED IN THE FACILITY DURING THE YEAR; 8,972
205
(b) BY A LEVY SUBMITTED BY THE JOINT BOARD OF COUNTY 8,974
COMMISSIONERS UNDER DIVISION (A) OF SECTION 5705.19 OF THE 8,976
REVISED CODE AND APPROVED BY THE ELECTORS OF THE DISTRICT; 8,977
(c) IN PROPORTION TO THE TAXABLE PROPERTY OF EACH COUNTY, 8,979
AS SHOWN BY ITS TAX DUPLICATE; 8,980
(d) IN ANY COMBINATION OF THE METHODS FOR PAYMENT 8,982
DESCRIBED IN DIVISION (B)(2)(a), (b), OR (c) OF THIS SECTION. 8,984
(C) WHEN ANY PERSON DONATES OR BEQUEATHS ANY REAL OR 8,987
PERSONAL PROPERTY TO A COUNTY OR DISTRICT DETENTION FACILITY, THE
JUVENILE COURT OR THE TRUSTEES OF THE FACILITY MAY ACCEPT AND USE 8,989
THE GIFT, CONSISTENT WITH THE BEST INTEREST OF THE INSTITUTION 8,991
AND THE CONDITIONS OF THE GIFT. 8,992
Sec. 2151.343 2152.44. Immediately upon (A) AS SOON AS 9,002
PRACTICAL AFTER the organization of the joint board of county 9,003
commissioners as provided by section 2151.34 2152.41 of the 9,004
Revised Code, or so soon thereafter as practicable, such THE 9,006
joint board of county commissioners shall appoint a board of not 9,008
less than five trustees, which. THE BOARD shall hold office and 9,009
perform its duties until the first annual meeting after the 9,010
choice of an established site and buildings, or after the 9,011
selection and purchase of a building site, at which. AT THAT 9,012
time such, THE joint board of county commissioners shall appoint 9,015
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, 9,016
one for the A term of three years, half of the remaining number 9,018
for the A term of four years, and the remainder for the A term of 9,020
five years. Annually thereafter, the joint board of county 9,022
commissioners shall appoint one or more trustees, each of whom
shall hold office for the A term of five years, to succeed the 9,023
trustee or trustees whose term of office shall expire EXPIRES. A 9,025
trustee may be appointed to succeed himself upon such board of 9,027
trustees, and all appointments to such board of trustees 9,029
SUCCESSIVE TERMS. ANY PERSON APPOINTED AS A TRUSTEE shall be 9,030
made from persons who are recommended and approved by the
206
juvenile court judge or judges of the county of which such THE 9,031
person is resident RESIDES. The 9,032
AT LEAST ONE TRUSTEE SHALL RESIDE IN EACH COUNTY IN THE 9,034
DISTRICT. IN DISTRICTS COMPOSED OF TWO COUNTIES, EACH COUNTY 9,035
SHALL BE ENTITLED TO NOT LESS THAN TWO TRUSTEES. IN DISTRICTS 9,036
COMPOSED OF MORE THAN FOUR COUNTIES, THE NUMBER OF TRUSTEES SHALL 9,037
BE SUFFICIENTLY INCREASED, PROVIDED THAT THERE SHALL ALWAYS BE AN 9,038
UNEVEN NUMBER OF TRUSTEES ON THE BOARD. THE COUNTY IN WHICH A 9,039
DISTRICT DETENTION FACILITY IS LOCATED SHALL HAVE NOT LESS THAN 9,040
TWO TRUSTEES, WHO, IN THE INTERIM PERIOD BETWEEN THE REGULAR 9,041
MEETINGS OF THE TRUSTEES, SHALL ACT AS AN EXECUTIVE COMMITTEE IN 9,042
THE DISCHARGE OF ALL BUSINESS PERTAINING TO THE FACILITY. 9,043
THE JOINT BOARD OF COUNTY COMMISSIONERS MAY REMOVE ANY 9,045
TRUSTEE FOR GOOD CAUSE. THE TRUSTEE APPOINTED TO FILL ANY 9,046
VACANCY SHALL HOLD THE OFFICE FOR THE UNEXPIRED TERM OF THE 9,047
PREDECESSOR TRUSTEE.
(B) THE annual meeting of the board of trustees shall be 9,050
held on the first Tuesday in May in each year. 9,051
A MAJORITY OF THE BOARD CONSTITUTES A QUORUM. OTHER BOARD 9,054
MEETINGS SHALL BE HELD AT LEAST QUARTERLY. THE JUVENILE COURT 9,055
JUDGE OF EACH COUNTY OF THE DISTRICT, OR THE JUDGE'S DESIGNEE, 9,056
SHALL ATTEND THE MEETINGS. THE MEMBERS OF THE BOARD SHALL 9,058
RECEIVE NO COMPENSATION FOR THEIR SERVICES, EXCEPT THEIR ACTUAL 9,059
AND NECESSARY EXPENSES. THE TREASURER SHALL PAY THE MEMBER'S
TRAVELING EXPENSES WHEN PROPERLY CERTIFIED. 9,060
(C) WHEN THE BOARD OF TRUSTEES DOES NOT CHOOSE AN 9,062
ESTABLISHED INSTITUTION IN ONE OF THE COUNTIES OF THE DISTRICT, 9,063
IT MAY SELECT A SUITABLE SITE FOR THE ERECTION OF A DISTRICT 9,064
DETENTION FACILITY. THE SITE MUST BE EASILY ACCESSIBLE, 9,065
CONDUCIVE TO HEALTH, ECONOMY IN PURCHASING OR IN BUILDING, AND 9,066
THE GENERAL INTEREST OF THE FACILITY AND ITS RESIDENTS, AND BE AS 9,067
NEAR AS PRACTICABLE TO THE GEOGRAPHICAL CENTER OF THE DISTRICT. 9,068
IN THE INTERIM BETWEEN THE SELECTION AND PURCHASE OF A 9,070
SITE, AND THE ERECTION AND OCCUPANCY OF THE DISTRICT DETENTION 9,071
207
FACILITY, THE JOINT BOARD OF COUNTY COMMISSIONERS PROVIDED UNDER 9,073
SECTION 2151.41 OF THE REVISED CODE MAY DELEGATE TO THE BOARD OF 9,074
TRUSTEES ANY POWERS AND DUTIES THAT, IN ITS JUDGMENT, WILL BE OF 9,077
GENERAL INTEREST OR AID TO THE INSTITUTION. THE JOINT BOARD OF 9,078
COUNTY COMMISSIONERS MAY APPROPRIATE A TRUSTEES' FUND, TO BE 9,079
EXPENDED BY THE TRUSTEES FOR CONTRACTS, PURCHASES, OR OTHER 9,081
NECESSARY EXPENSES OF THE FACILITY. THE TRUSTEES SHALL MAKE A 9,082
COMPLETE SETTLEMENT WITH THE JOINT BOARD OF COUNTY COMMISSIONERS 9,083
ONCE EACH SIX MONTHS, OR QUARTERLY IF REQUIRED, AND SHALL MAKE TO 9,084
THE BOARD OF COUNTY COMMISSIONERS AND TO THE JUVENILE COURT OF 9,085
EACH OF THE COUNTIES A FULL REPORT OF THE CONDITION OF THE 9,086
FACILITY AND RESIDENTS.
(D) THE CHOICE OF AN ESTABLISHED SITE AND BUILDINGS, OR 9,088
THE PURCHASE OF A SITE, STOCK, IMPLEMENTS, AND GENERAL FARM 9,089
EQUIPMENT, SHOULD THERE BE A FARM, THE ERECTION OF BUILDINGS, AND 9,090
THE COMPLETION AND FURNISHING OF THE DISTRICT DETENTION FACILITY 9,091
FOR OCCUPANCY, SHALL BE IN THE HANDS OF THE JOINT BOARD OF COUNTY 9,092
COMMISSIONERS ORGANIZED UNDER SECTION 2152.41 OF THE REVISED 9,094
CODE. THE JOINT BOARD OF COUNTY COMMISSIONERS MAY DELEGATE ALL 9,095
OR A PORTION OF THESE DUTIES TO THE BOARD OF TRUSTEES, UNDER ANY 9,096
RESTRICTIONS THAT THE JOINT BOARD OF COUNTY COMMISSIONERS 9,097
IMPOSES.
WHEN AN ESTABLISHED SITE AND BUILDINGS ARE USED FOR A 9,099
DISTRICT DETENTION FACILITY, THE JOINT BOARD OF COUNTY 9,100
COMMISSIONERS SHALL CAUSE THE VALUE OF THAT SITE AND THOSE 9,101
BUILDINGS TO BE PROPERLY APPRAISED. THIS APPRAISAL VALUE, OR IN 9,102
CASE OF THE PURCHASE OF A SITE, THE PURCHASE PRICE AND THE COST 9,103
OF ALL IMPROVEMENTS THERETO, SHALL BE PAID BY THE COUNTIES 9,104
COMPRISING THE DISTRICT, IN PROPORTION TO THE TAXABLE PROPERTY OF 9,105
EACH COUNTY, AS SHOWN BY ITS TAX DUPLICATE.
(E) ONCE A DISTRICT IS ESTABLISHED, THE TRUSTEES SHALL 9,107
OPERATE, MAINTAIN, AND MANAGE THE FACILITY AS PROVIDED IN 9,108
SECTIONS 2152.41 TO 2152.43 OF THE REVISED CODE. 9,109
Sec. 2152.61. (A) IN ANY PROCEEDING IN WHICH A CHILD HAS 9,111
208
BEEN ADJUDICATED A DELINQUENT CHILD OR A JUVENILE TRAFFIC 9,112
OFFENDER, ON THE APPLICATION OF A PARTY OR THE COURT'S OWN 9,113
MOTION, THE COURT MAY MAKE AN ORDER RESTRAINING OR OTHERWISE 9,114
CONTROLLING THE CONDUCT OF ANY PARENT, GUARDIAN, OR OTHER 9,115
CUSTODIAN IN THE RELATIONSHIP OF THE INDIVIDUAL TO THE CHILD IF 9,116
THE COURT FINDS THAT AN ORDER OF THAT TYPE NECESSARY TO DO EITHER 9,117
OF THE FOLLOWING: 9,118
(1) CONTROL ANY CONDUCT OR RELATIONSHIP THAT WILL BE 9,120
DETRIMENTAL OR HARMFUL TO THE CHILD; 9,121
(2) CONTROL ANY CONDUCT OR RELATIONSHIP THAT WILL TEND TO 9,123
DEFEAT THE EXECUTION OF THE ORDER OF DISPOSITION MADE OR TO BE 9,124
MADE.
(B) DUE NOTICE OF THE APPLICATION OR MOTION AND THE 9,126
GROUNDS FOR THE APPLICATION OR MOTION UNDER DIVISION (A) OF THIS 9,127
SECTION, AND AN OPPORTUNITY TO BE HEARD, SHALL BE GIVEN TO THE 9,128
PERSON AGAINST WHOM THE ORDER UNDER THAT DIVISION IS DIRECTED. 9,129
THE ORDER MAY INCLUDE A REQUIREMENT THAT THE CHILD'S PARENT, 9,131
GUARDIAN, OR OTHER CUSTODIAN ENTER INTO A RECOGNIZANCE WITH
SUFFICIENT SURETY, CONDITIONED UPON THE FAITHFUL DISCHARGE OF ANY 9,132
CONDITIONS OR CONTROL REQUIRED BY THE COURT. 9,133
(C) A PERSON'S FAILURE TO COMPLY WITH ANY ORDER MADE BY 9,135
THE COURT UNDER THIS SECTION IS CONTEMPT OF COURT UNDER CHAPTER 9,136
2705. OF THE REVISED CODE.
Sec. 2151.47 2152.67. Any adult who is arrested or charged 9,145
under any provision in this chapter and who is charged with a 9,147
crime may demand a trial by jury, or the juvenile judge upon the 9,148
judge's own motion may call a jury. A demand for a jury trial 9,150
shall be made in writing in not less than three days before the 9,151
date set for trial, or within three days after counsel has been 9,152
retained, whichever is later. Sections 2945.17 and 2945.23 to 9,153
2945.36 of the Revised Code, relating to the drawing and 9,154
impaneling of jurors in criminal cases in the court of common 9,155
pleas, other than in capital cases, shall apply to a jury trial 9,156
under this section. The compensation of jurors and costs of the 9,158
209
clerk and sheriff shall be taxed and paid in the same manner as 9,159
in criminal cases in the court of common pleas. 9,160
Sec. 2151.18 2152.71. (A)(1) The juvenile court shall 9,169
maintain records of all official cases brought before it, 9,171
including, but not limited to, an appearance docket, a journal, a 9,173
cashbook, records of the type required by division (A)(2) of 9,174
section 2151.35 of the Revised Code, and, in cases pertaining to 9,175
an alleged delinquent child, arrest and custody records, 9,176
complaints, journal entries, and hearing summaries. The court 9,177
shall maintain a separate docket for traffic cases and shall 9,178
record all traffic cases on the separate docket instead of on the 9,180
general appearance docket. The parents of any child affected, if 9,181
they are living, or the nearest of kin of the child, if the 9,182
parents are deceased, may inspect these records, either in person 9,183
or by counsel during the hours in which the court is open. 9,184
(2) The juvenile court shall send to the superintendent of 9,186
the bureau of criminal identification and investigation, pursuant 9,187
to section 109.57 of the Revised Code, a weekly report containing 9,188
a summary of each case that has come before it and that involves 9,189
the disposition of a child who is a delinquent child for 9,190
committing an act that would be a felony or an offense of 9,191
violence if committed by an adult.
(B) The clerk of the court shall maintain a statistical 9,193
record that includes all of the following: 9,194
(1) The number of complaints that are filed with, OR 9,196
INDICTMENTS OR INFORMATION MADE TO, the court that allege that a 9,198
child is a delinquent child, in relation to which the court 9,199
determines under division (D) of section 2151.27 of the Revised 9,200
Code that the victim of the alleged delinquent act was sixty-five 9,201
years of age or older or permanently and totally disabled at the 9,202
time of the alleged commission of the act; 9,203
(2) The number of complaints, INDICTMENTS, OR INFORMATION 9,205
described in division (B)(1) of this section that result in the 9,207
child being adjudicated a delinquent child; 9,208
210
(3) The number of complaints, INDICTMENTS, OR INFORMATION 9,210
described in division (B)(2) of this section in which the act 9,212
upon which the delinquent child adjudication is based caused 9,213
property damage or would be a theft offense, as defined in 9,214
division (K) of section 2913.01 of the Revised Code, if committed 9,215
by an adult;
(4) The number of complaints, INDICTMENTS, OR INFORMATION 9,217
described in division (B)(3) of this section that result in the 9,219
delinquent child being required as an order of disposition made 9,220
under division (A)(9) of section 2151.355 2152.20 of the Revised 9,221
Code to make restitution for all or part of the property damage 9,223
caused by the child's delinquent act or for all or part of the 9,225
value of the property that was the subject of the delinquent act 9,226
that would be a theft offense if committed by an adult; 9,227
(5) The number of complaints, INDICTMENTS, OR INFORMATION 9,229
described in division (B)(2) of this section in which the act 9,231
upon which the delinquent child adjudication is based would have 9,232
been an offense of violence if committed by an adult; 9,233
(6) The number of complaints, INDICTMENTS, OR INFORMATION 9,235
described in division (B)(5) of this section that result in the 9,237
delinquent child being committed as an order of disposition made 9,238
under division (A)(3), (4), (5), (6), or (7) of section 2151.355 9,239
2152.16, DIVISIONS (A) AND (B) OF SECTION 2152.17, OR DIVISION 9,241
(A)(2) OF SECTION 2152.19 of the Revised Code to any facility for 9,242
delinquent children operated by the county, a district, or a 9,243
private agency or organization or to the department of youth 9,244
services;
(7) The number of complaints, INDICTMENTS, OR INFORMATION 9,246
described in division (B)(1) of this section that result in the 9,248
case being transferred for criminal prosecution to an appropriate 9,249
court having jurisdiction of the offense under section 2151.26 9,250
2152.12 of the Revised Code. 9,251
(C) The clerk of the court shall compile an annual summary 9,253
covering the preceding calendar year showing all of the 9,254
211
information for that year contained in the statistical record 9,255
maintained under division (B) of this section. The statistical 9,256
record and the annual summary shall be public records open for 9,257
inspection. Neither the statistical record nor the annual 9,258
summary shall include the identity of any party to a case. 9,259
(D) Not later than June of each year, the court shall 9,261
prepare an annual report covering the preceding calendar year 9,262
showing the number and kinds of cases that have come before it, 9,263
the disposition of the cases, and any other data pertaining to 9,264
the work of the court that the juvenile judge directs. The court 9,266
shall file copies of the report with the board of county
commissioners. With the approval of the board, the court may 9,267
print or cause to be printed copies of the report for 9,268
distribution to persons and agencies interested in the court or 9,270
community program for dependent, neglected, abused, or delinquent 9,271
children and juvenile traffic offenders. The court shall include 9,272
the number of copies ordered printed and the estimated cost of
each printed copy on each copy of the report printed for 9,273
distribution. 9,274
Sec. 2151.62 2152.72. (A) This section applies only to a 9,283
child who is or previously has been adjudicated a delinquent 9,285
child for an act to which any of the following applies: 9,286
(1) It THE ACT is a violation of section 2903.01, 2903.02, 9,288
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2907.02, 2907.03, or 9,290
2907.05 of the Revised Code;
(2) It THE ACT is a violation of section 2923.01 of the 9,292
Revised Code and involved an attempt to commit aggravated murder 9,294
or murder;
(3) It THE ACT would be a felony if committed by an adult 9,296
and the court determined that the child, if an adult, would be 9,298
guilty of a specification found in section 2941.141, 2941.144, or 9,299
2941.145 of the Revised Code or in another section of the Revised 9,301
Code that relates to the possession or use of a firearm, as 9,302
defined in section 2923.11 of the Revised Code, during the 9,303
212
commission of the act for which the child was adjudicated a
delinquent child. 9,304
(B)(1) Except as provided in division (E) of this section, 9,307
a public children services agency, private child placing agency, 9,309
private noncustodial agency, or court, the department of youth
services, or another private or government entity shall not place 9,310
a child in a certified foster home until it provides the foster 9,311
caregivers with all of the following: 9,313
(a) A written report describing the child's social 9,315
history;
(b) A written report describing all the acts committed by 9,317
the child the entity knows of that resulted in the child being 9,320
adjudicated a delinquent child and the disposition made by the 9,321
court, unless the records pertaining to the acts have been sealed 9,322
pursuant to section 2151.358 of the Revised Code; 9,323
(c) A written report describing any other violent act 9,325
committed by the child of which the entity is aware; 9,327
(d) The substantial and material conclusions and 9,329
recommendations of any psychiatric or psychological examination 9,331
conducted on the child or, if no psychological or psychiatric 9,332
examination of the child is available, the substantial and 9,333
material conclusions and recommendations of an examination to 9,334
detect mental and emotional disorders conducted in compliance 9,335
with the requirements of Chapter 4757. of the Revised Code by an
independent social worker, social worker, professional clinical 9,336
counselor, or professional counselor licensed under that chapter. 9,337
The entity shall not provide any part of a psychological, 9,338
psychiatric, or mental and emotional disorder examination to the 9,339
foster caregivers other than the substantial and material 9,340
conclusions.
(2) Notwithstanding section 2151.358 of the Revised Code, 9,343
if records of an adjudication that a child is a delinquent child 9,344
have been sealed pursuant to that section and an entity knows the
records have been sealed, the entity shall provide the foster 9,345
213
caregivers a written statement that the records of a prior 9,346
adjudication have been sealed.
(C) The entity that places the child in a certified foster 9,349
home shall conduct a psychological examination of the child, 9,351
except that the entity is not required to conduct the examination
if such an examination was conducted no more than one year prior 9,352
to the child's placement. No later than sixty days after placing 9,353
the child, the entity shall provide the foster caregiver a 9,355
written report detailing the substantial and material conclusions
and recommendations of the examination conducted pursuant to this 9,357
division.
(D)(1) Except as provided in divisions (D)(2) and (3) of 9,359
this section, the expenses of conducting the examinations and 9,361
preparing the reports and assessment required by division (B) or 9,362
(C) of this section shall be paid by the entity that places the 9,363
child in the certified foster home. 9,364
(2) When a juvenile court grants temporary or permanent 9,366
custody of a child pursuant to any section of the Revised Code, 9,367
including section 2151.33, 2151.353, 2151.354, or 2151.355 9,369
2152.19 of the Revised Code, to a public children services agency 9,370
or private child placing agency, the court shall provide the 9,373
agency the information described in division (B) of this section, 9,375
pay the expenses of preparing that information, and, if a new
examination is required to be conducted, pay the expenses of 9,376
conducting the examination described in division (C) of this 9,377
section. On receipt of the information described in division (B) 9,378
of this section, the agency shall provide to the court written 9,379
acknowledgment that the agency received the information. The 9,380
court shall keep the acknowledgment and provide a copy to the 9,381
agency. On the motion of the agency, the court may terminate the 9,382
order granting temporary or permanent custody of the child to 9,383
that agency, if the court does not provide the information 9,384
described in division (B) of this section. 9,385
(3) If one of the following entities is placing a child in 9,387
214
a certified foster home with the assistance of or by contracting 9,389
with a public children services agency, private child placing 9,390
agency, or a private noncustodial agency, the entity shall 9,391
provide the agency with the information described in division (B) 9,392
of this section, pay the expenses of preparing that information,
and, if a new examination is required to be conducted, pay the 9,393
expenses of conducting the examination described in division (C) 9,394
of this section: 9,395
(a) The department of youth services if the placement is 9,397
pursuant to any section of the Revised Code including section 9,398
2151.38 2152.22, 5139.06, 5139.07, 5139.38, or 5139.39 of the 9,401
Revised Code;
(b) A juvenile court with temporary or permanent custody 9,403
of a child pursuant to section 2151.354 or 2151.355 2152.19 of 9,404
the Revised Code; 9,405
(c) A public children services agency or private child 9,407
placing agency with temporary or permanent custody of the child. 9,408
The agency receiving the information described in division 9,410
(B) of this section shall provide the entity described in 9,412
division (D)(3)(a) to (c) of this section that sent the 9,413
information written acknowledgment that the agency received the 9,415
information and provided it to the foster caregivers. The entity
shall keep the acknowledgment and provide a copy to the agency. 9,417
An entity that places a child in a certified foster home with the 9,418
assistance of or by contracting with an agency remains 9,419
responsible to provide the information described in division (B) 9,421
of this section to the foster caregivers unless the entity 9,422
receives written acknowledgment that the agency provided the 9,423
information.
(E) If a child is placed in a certified foster home as a 9,426
result of an emergency removal of the child from home pursuant to 9,427
division (D) of section 2151.31 of the Revised Code, an emergency 9,429
change in the child's case plan pursuant to division (E)(3) of 9,431
section 2151.412 of the Revised Code, or an emergency placement 9,432
215
by the department of youth services pursuant to this chapter or 9,433
Chapter 5139. of the Revised Code, the entity that places the 9,434
child in the certified foster home shall provide the information 9,436
described in division (B) of this section no later than 9,438
ninety-six hours after the child is placed in the certified
foster home. 9,439
(F) On receipt of the information described in divisions 9,441
(B) and (C) of this section, the foster caregiver shall provide 9,443
to the entity that places the child in the foster caregiver's
home a written acknowledgment that the foster caregiver received 9,444
the information. The entity shall keep the acknowledgment and 9,446
provide a copy to the foster caregiver. 9,447
(G) No person employed by an entity subject to this 9,449
section and made responsible by that entity for the child's 9,450
placement in a certified foster home shall fail to provide the 9,453
foster caregivers with the information required by divisions (B) 9,454
and (C) of this section. 9,455
(H) It is not a violation of any duty of confidentiality 9,458
provided for in the Revised Code or a code of professional 9,460
responsibility for a person or government entity to provide the 9,461
substantial and material conclusions and recommendations of a 9,462
psychiatric or psychological examination, or an examination to 9,463
detect mental and emotional disorders, in accordance with 9,464
division (B)(1)(d) or (C) of this section. 9,466
Sec. 2151.11 2152.73. A juvenile court may participate 9,475
with other public or private agencies of the county served by the 9,477
court in programs which THAT have as their objective the 9,479
prevention and control of juvenile delinquency. The juvenile
judge may assign employees of the court, as part of their regular 9,480
duties, to work with organizations concerned with combatting 9,481
conditions known to contribute to delinquency, providing adult 9,482
sponsors for children who have been found TO BE delinquent 9,483
CHILDREN, and developing wholesome youth programs. 9,484
The juvenile judge may accept and administer on behalf of 9,486
216
the court gifts, grants, bequests, and devises made to the court 9,487
for the purpose of preventing delinquency. 9,488
Sec. 2151.315 2152.74. (A) As used in this section, "DNA 9,498
analysis" and "DNA specimen" have the same meanings as in section 9,499
109.573 of the Revised Code. 9,500
(B)(1) A child who is adjudicated a delinquent child for 9,502
committing an act listed in division (D) of this section and who 9,503
is committed to the custody of the department of youth services 9,504
or to a school, camp, institution, or other facility for 9,505
delinquent children described in division (A)(3)(2) of section 9,506
2151.355 2152.19 of the Revised Code shall submit to a DNA 9,508
specimen collection procedure administered by the director of 9,509
youth services if committed to the department or by the chief 9,510
administrative officer of the school, camp, institution, or other 9,511
facility for delinquent children to which the child was 9,512
committed. If the court commits the child to the department of 9,513
youth services, the director of youth services shall cause the 9,514
DNA specimen to be collected from the child during the intake 9,515
process at an institution operated by or under the control of the 9,516
department. If the court commits the child to a school, camp, 9,517
institution, or other facility for delinquent children, the chief 9,518
administrative officer of the school, camp, institution, or 9,519
facility to which the child is committed shall cause the DNA 9,521
specimen to be collected from the child during the intake process 9,522
for the school, camp, institution, or facility. In accordance 9,523
with division (C) of this section, the director or the chief 9,524
administrative officer shall cause the DNA specimen to be 9,527
forwarded to the bureau of criminal identification and 9,528
investigation no later than fifteen days after the date of the 9,529
collection of the DNA specimen. The DNA specimen shall be 9,530
collected from the child in accordance with division (C) of this 9,532
section.
(2) If a child is adjudicated a delinquent child for 9,534
committing an act listed in division (D) of this section, is 9,536
217
committed to the department of youth services or to a school, 9,538
camp, institution, or other facility for delinquent children, and 9,539
does not submit to a DNA specimen collection procedure pursuant 9,541
to division (B)(1) of this section, prior to the child's release 9,542
from the custody of the department of youth services or from the 9,543
custody of the school, camp, institution, or facility, the child 9,544
shall submit to, and the director of youth services or the chief 9,545
administrator of the school, camp, institution, or facility to 9,546
which the child is committed shall administer, a DNA specimen 9,547
collection procedure at the institution operated by or under the 9,548
control of the department of youth services or at the school, 9,549
camp, institution, or facility to which the child is committed. 9,550
In accordance with division (C) of this section, the director or 9,551
the chief administrative officer shall cause the DNA specimen to 9,554
be forwarded to the bureau of criminal identification and
investigation no later than fifteen days after the date of the 9,555
collection of the DNA specimen. The DNA specimen shall be 9,556
collected in accordance with division (C) of this section. 9,557
(C) A physician, registered nurse, licensed practical 9,560
nurse, duly licensed clinical laboratory technician, or other 9,561
qualified medical practitioner shall collect in a medically
approved manner the DNA specimen required to be collected 9,562
pursuant to division (B) of this section. No later than fifteen 9,563
days after the date of the collection of the DNA specimen, the 9,564
director of youth services or the chief administrative officer of 9,566
the school, camp, institution, or other facility for delinquent 9,567
children to which the child is committed shall cause the DNA 9,568
specimen to be forwarded to the bureau of criminal identification 9,570
and investigation in accordance with procedures established by 9,571
the superintendent of the bureau under division (H) of section 9,573
109.573 of the Revised Code. The bureau shall provide the 9,574
specimen vials, mailing tubes, labels, postage, and instruction 9,575
needed for the collection and forwarding of the DNA specimen to 9,577
the bureau.
218
(D) The director of youth services and the chief 9,579
administrative officer of a school, camp, institution, or other 9,580
facility for delinquent children shall cause a DNA specimen to be 9,581
collected in accordance with divisions (B) and (C) of this 9,582
section from each child in its custody who is adjudicated a 9,583
delinquent child for committing any of the following acts: 9,585
(1) A violation of section 2903.01, 2903.02, 2905.01, 9,587
2907.02, 2907.03, 2907.05, or 2911.11 of the Revised Code; 9,589
(2) A violation of section 2907.12 of the Revised Code as 9,591
it existed prior to September 3, 1996; 9,592
(3) An attempt to commit a violation of section 2907.02, 9,594
2907.03, or 2907.05 of the Revised Code or to commit a violation 9,596
of section 2907.12 of the Revised Code as it existed prior to 9,597
September 3, 1996; 9,598
(4) A violation of any law that arose out of the same 9,600
facts and circumstances and same act as did a charge against the 9,603
child of a violation of section 2903.01, 2903.02, 2905.01, 9,604
2907.02, 2907.03, 2907.05, or 2911.11 of the Revised Code that 9,606
previously was dismissed or amended or as did a charge against
the child of a violation of section 2907.12 of the Revised Code 9,607
as it existed prior to September 3, 1996, that previously was 9,608
dismissed or amended;
(5) A violation of section 2905.02 or 2919.23 of the 9,610
Revised Code that would have been a violation of section 2905.04 9,612
of the Revised Code as it existed prior to July 1, 1996, had the 9,613
violation been committed prior to that date.
(E) The director of youth services and the chief 9,615
administrative officer of a school, camp, institution, or other 9,616
facility for delinquent children is not required to comply with 9,617
this section until the superintendent of the bureau of criminal 9,619
identification and investigation gives agencies in the juvenile 9,620
justice system, as defined in section 181.51 of the Revised Code,
in the state official notification that the state DNA laboratory 9,623
is prepared to accept DNA specimens. 9,624
219
Sec. 2151.3511 2152.81. (A)(1) As used in this section, 9,633
"victim" includes any of the following persons: 9,635
(a) A person who was a victim of a violation identified in 9,637
division (A)(2) of this section or an act that would be an 9,638
offense of violence if committed by an adult; 9,639
(b) A person against whom was directed any conduct that 9,641
constitutes, or that is an element of, a violation identified in 9,642
division (A)(2) of this section or an act that would be an 9,643
offense of violence if committed by an adult. 9,644
(2) In any proceeding in juvenile court involving a 9,647
complaint, INDICTMENT, OR INFORMATION in which a child is charged 9,648
with a violation of section 2905.03, 2905.05, 2907.02, 2907.03, 9,649
2907.05, 2907.06, 2907.07, 2907.09, 2907.21, 2907.23, 2907.24, 9,651
2907.31, 2907.32, 2907.321, 2907.322, 2907.323, or 2919.22 of the 9,652
Revised Code or an act that would be an offense of violence if 9,653
committed by an adult and in which an alleged victim of the 9,654
violation or act was a child who was less than thirteen years of 9,655
age when the complaint OR INFORMATION was filed OR THE INDICTMENT 9,656
WAS RETURNED, the juvenile judge, upon motion of an attorney for 9,657
the prosecution, shall order that the testimony of the child 9,658
victim be taken by deposition. The prosecution also may request 9,659
that the deposition be videotaped in accordance with division 9,660
(A)(3) of this section. The judge shall notify the child victim 9,662
whose deposition is to be taken, the prosecution, and the 9,663
attorney for the child who is charged with the violation or act 9,664
of the date, time, and place for taking the deposition. The 9,665
notice shall identify the child victim who is to be examined and 9,667
shall indicate whether a request that the deposition be 9,668
videotaped has been made. The child who is charged with the 9,669
violation or act shall have the right to attend the deposition 9,671
and the right to be represented by counsel. Depositions shall be 9,672
taken in the manner provided in civil cases, except that the 9,673
judge in the proceeding shall preside at the taking of the 9,674
deposition and shall rule at that time on any objections of the 9,675
220
prosecution or the attorney for the child charged with the 9,676
violation or act. The prosecution and the attorney for the child 9,677
charged with the violation or act shall have the right, as at an 9,678
adjudication hearing, to full examination and cross-examination 9,679
of the child victim whose deposition is to be taken. If a 9,680
deposition taken under this division is intended to be offered as 9,681
evidence in the proceeding, it shall be filed in the juvenile 9,682
court in which the action is pending and is admissible in the 9,683
manner described in division (B) of this section. If a 9,684
deposition of a child victim taken under this division is 9,685
admitted as evidence at the proceeding under division (B) of this 9,686
section, the child victim shall not be required to testify in 9,687
person at the proceeding. However, at any time before the 9,688
conclusion of the proceeding, the attorney for the child charged 9,689
with the violation or act may file a motion with the judge 9,690
requesting that another deposition of the child victim be taken
because new evidence material to the defense of the child charged 9,691
has been discovered that the attorney for the child charged could 9,692
not with reasonable diligence have discovered prior to the taking 9,693
of the admitted deposition. Any motion requesting another 9,694
deposition shall be accompanied by supporting affidavits. Upon 9,696
the filing of the motion and affidavits, the court may order that 9,697
additional testimony of the child victim relative to the new 9,698
evidence be taken by another deposition. If the court orders the 9,699
taking of another deposition under this provision, the deposition 9,700
shall be taken in accordance with this division; if the admitted 9,701
deposition was a videotaped deposition taken in accordance with 9,702
division (A)(3) of this section, the new deposition also shall be 9,703
videotaped in accordance with that division, and, in other cases, 9,704
the new deposition may be videotaped in accordance with that 9,705
division.
(3) If the prosecution requests that a deposition to be 9,707
taken under division (A)(2) of this section be videotaped, the 9,709
juvenile judge shall order that the deposition be videotaped in
221
accordance with this division. If a juvenile judge issues an 9,711
order to video tape the deposition, the judge shall exclude from
the room in which the deposition is to be taken every person 9,713
except the child victim giving the testimony, the judge, one or 9,714
more interpreters if needed, the attorneys for the prosecution 9,715
and the child who is charged with the violation or act, any 9,716
person needed to operate the equipment to be used, one person 9,717
chosen by the child victim giving the deposition, and any person 9,718
whose presence the judge determines would contribute to the 9,719
welfare and well-being of the child victim giving the deposition. 9,720
The person chosen by the child victim shall not be a witness in 9,721
the proceeding and, both before and during the deposition, shall 9,723
not discuss the testimony of the child victim with any other 9,725
witness in the proceeding. To the extent feasible, any person 9,726
operating the recording equipment shall be restricted to a room 9,727
adjacent to the room in which the deposition is being taken, or 9,728
to a location in the room in which the deposition is being taken 9,729
that is behind a screen or mirror so that the person operating 9,730
the recording equipment can see and hear, but cannot be seen or 9,732
heard by, the child victim giving the deposition during the 9,733
deposition. The child who is charged with the violation or act 9,734
shall be permitted to observe and hear the testimony of the child 9,735
victim giving the deposition on a monitor, shall be provided with 9,736
an electronic means of immediate communication with the attorney 9,737
of the child who is charged with the violation or act during the 9,738
testimony, and shall be restricted to a location from which the 9,739
child who is charged with the violation or act cannot be seen or 9,742
heard by the child victim giving the deposition, except on a
monitor provided for that purpose. The child victim giving the 9,743
deposition shall be provided with a monitor on which the child 9,744
victim can observe, while giving testimony, the child who is 9,745
charged with the violation or act. The judge, at the judge's 9,747
discretion, may preside at the deposition by electronic means 9,749
from outside the room in which the deposition is to be taken; if 9,750
222
the judge presides by electronic means, the judge shall be 9,751
provided with monitors on which the judge can see each person in 9,753
the room in which the deposition is to be taken and with an 9,754
electronic means of communication with each person in that room, 9,755
and each person in the room shall be provided with a monitor on 9,757
which that person can see the judge and with an electronic means 9,758
of communication with the judge. A deposition that is videotaped 9,759
under this division shall be taken and filed in the manner 9,760
described in division (A)(2) of this section and is admissible in 9,762
the manner described in this division and division (B) of this 9,763
section, and, if a deposition that is videotaped under this 9,765
division is admitted as evidence at the proceeding, the child 9,766
victim shall not be required to testify in person at the 9,767
proceeding. No deposition videotaped under this division shall 9,768
be admitted as evidence at any proceeding unless division (B) of 9,769
this section is satisfied relative to the deposition and all of 9,770
the following apply relative to the recording: 9,771
(a) The recording is both aural and visual and is recorded 9,773
on film or videotape, or by other electronic means. 9,774
(b) The recording is authenticated under the Rules of 9,776
Evidence and the Rules of Criminal Procedure as a fair and 9,777
accurate representation of what occurred, and the recording is 9,778
not altered other than at the direction and under the supervision 9,779
of the judge in the proceeding. 9,780
(c) Each voice on the recording that is material to the 9,782
testimony on the recording or the making of the recording, as 9,783
determined by the judge, is identified. 9,784
(d) Both the prosecution and the child who is charged with 9,786
the violation or act are afforded an opportunity to view the 9,787
recording before it is shown in the proceeding. 9,788
(B)(1) At any proceeding in relation to which a deposition 9,790
was taken under division (A) of this section, the deposition or a 9,791
part of it is admissible in evidence upon motion of the 9,792
prosecution if the testimony in the deposition or the part to be 9,793
223
admitted is not excluded by the hearsay rule and if the 9,794
deposition or the part to be admitted otherwise is admissible 9,795
under the Rules of Evidence. For purposes of this division, 9,796
testimony is not excluded by the hearsay rule if the testimony is 9,797
not hearsay under Evidence Rule 801; if the testimony is within 9,798
an exception to the hearsay rule set forth in Evidence Rule 803; 9,799
if the child victim who gave the testimony is unavailable as a 9,800
witness, as defined in Evidence Rule 804, and the testimony is 9,801
admissible under that rule; or if both of the following apply: 9,802
(a) The child who is charged with the violation or act had 9,804
an opportunity and similar motive at the time of the taking of 9,805
the deposition to develop the testimony by direct, cross, or 9,806
redirect examination. 9,807
(b) The judge determines that there is reasonable cause to 9,809
believe that, if the child victim who gave the testimony in the 9,810
deposition were to testify in person at the proceeding, the child 9,811
victim would experience serious emotional trauma as a result of 9,812
the child victim's participation at the proceeding. 9,813
(2) Objections to receiving in evidence a deposition or a 9,815
part of it under division (B) of this section shall be made as 9,816
provided in civil actions. 9,817
(3) The provisions of divisions (A) and (B) of this 9,819
section are in addition to any other provisions of the Revised 9,820
Code, the Rules of Juvenile Procedure, the Rules of Criminal 9,821
Procedure, or the Rules of Evidence that pertain to the taking or 9,822
admission of depositions in a juvenile court proceeding and do 9,823
not limit the admissibility under any of those other provisions 9,825
of any deposition taken under division (A) of this section or 9,826
otherwise taken. 9,827
(C) In any proceeding in juvenile court involving a 9,829
complaint, INDICTMENT, OR INFORMATION in which a child is charged 9,831
with a violation listed in division (A)(2) of this section or an 9,832
act that would be an offense of violence if committed by an adult 9,833
and in which an alleged victim of the violation or offense was a 9,835
224
child who was less than thirteen years of age when the complaint 9,836
OR INFORMATION was filed OR INDICTMENT WAS RETURNED, the 9,837
prosecution may file a motion with the juvenile judge requesting 9,838
the judge to order the testimony of the child victim to be taken 9,839
in a room other than the room in which the proceeding is being 9,840
conducted and be televised, by closed circuit equipment, into the 9,841
room in which the proceeding is being conducted to be viewed by 9,842
the child who is charged with the violation or act and any other 9,843
persons who are not permitted in the room in which the testimony 9,845
is to be taken but who would have been present during the 9,846
testimony of the child victim had it been given in the room in 9,847
which the proceeding is being conducted. Except for good cause 9,848
shown, the prosecution shall file a motion under this division at 9,849
least seven days before the date of the proceeding. The juvenile 9,851
judge may issue the order upon the motion of the prosecution 9,853
filed under this division, if the judge determines that the child 9,854
victim is unavailable to testify in the room in which the 9,855
proceeding is being conducted in the physical presence of the 9,856
child charged with the violation or act, due to one or more of 9,857
the reasons set forth in division (E) of this section. If a 9,858
juvenile judge issues an order of that nature, the judge shall 9,859
exclude from the room in which the testimony is to be taken every 9,861
person except a person described in division (A)(3) of this 9,862
section. The judge, at the judge's discretion, may preside 9,864
during the giving of the testimony by electronic means from 9,865
outside the room in which it is being given, subject to the 9,866
limitations set forth in division (A)(3) of this section. To the 9,868
extent feasible, any person operating the televising equipment 9,869
shall be hidden from the sight and hearing of the child victim 9,870
giving the testimony, in a manner similar to that described in 9,871
division (A)(3) of this section. The child who is charged with 9,873
the violation or act shall be permitted to observe and hear the 9,874
testimony of the child victim giving the testimony on a monitor, 9,875
shall be provided with an electronic means of immediate 9,876
225
communication with the attorney of the child who is charged with 9,877
the violation or act during the testimony, and shall be 9,878
restricted to a location from which the child who is charged with 9,879
the violation or act cannot be seen or heard by the child victim 9,880
giving the testimony, except on a monitor provided for that 9,881
purpose. The child victim giving the testimony shall be provided 9,882
with a monitor on which the child victim can observe, while 9,883
giving testimony, the child who is charged with the violation or 9,884
act.
(D) In any proceeding in juvenile court involving a 9,886
complaint, INDICTMENT, OR INFORMATION in which a child is charged 9,888
with a violation listed in division (A)(2) of this section or an 9,889
act that would be an offense of violence if committed by an adult 9,890
and in which an alleged victim of the violation or offense was a 9,892
child who was less than thirteen years of age when the complaint 9,893
OR INFORMATION was filed OR THE INDICTMENT WAS RETURNED, the 9,894
prosecution may file a motion with the juvenile judge requesting 9,895
the judge to order the testimony of the child victim to be taken 9,896
outside of the room in which the proceeding is being conducted 9,897
and be recorded for showing in the room in which the proceeding 9,898
is being conducted before the judge, the child who is charged 9,899
with the violation or act, and any other persons who would have 9,900
been present during the testimony of the child victim had it been 9,901
given in the room in which the proceeding is being conducted. 9,902
Except for good cause shown, the prosecution shall file a motion 9,903
under this division at least seven days before the date of the 9,904
proceeding. The juvenile judge may issue the order upon the 9,906
motion of the prosecution filed under this division, if the judge 9,907
determines that the child victim is unavailable to testify in the 9,909
room in which the proceeding is being conducted in the physical 9,910
presence of the child charged with the violation or act, due to 9,911
one or more of the reasons set forth in division (E) of this 9,912
section. If a juvenile judge issues an order of that nature, the 9,913
judge shall exclude from the room in which the testimony is to be 9,915
226
taken every person except a person described in division (A)(3) 9,916
of this section. To the extent feasible, any person operating 9,917
the recording equipment shall be hidden from the sight and 9,918
hearing of the child victim giving the testimony, in a manner 9,919
similar to that described in division (A)(3) of this section. 9,920
The child who is charged with the violation or act shall be 9,921
permitted to observe and hear the testimony of the child victim 9,922
giving the testimony on a monitor, shall be provided with an 9,923
electronic means of immediate communication with the attorney of 9,924
the child who is charged with the violation or act during the 9,925
testimony, and shall be restricted to a location from which the 9,926
child who is charged with the violation or act cannot be seen or 9,928
heard by the child victim giving the testimony, except on a
monitor provided for that purpose. The child victim giving the 9,929
testimony shall be provided with a monitor on which the child 9,930
victim can observe, while giving testimony, the child who is 9,931
charged with the violation or act. No order for the taking of 9,932
testimony by recording shall be issued under this division unless 9,933
the provisions set forth in divisions (A)(3)(a), (b), (c), and 9,934
(d) of this section apply to the recording of the testimony. 9,936
(E) For purposes of divisions (C) and (D) of this section, 9,938
a juvenile judge may order the testimony of a child victim to be 9,939
taken outside of the room in which a proceeding is being 9,940
conducted if the judge determines that the child victim is 9,941
unavailable to testify in the room in the physical presence of 9,942
the child charged with the violation or act due to one or more of 9,943
the following circumstances: 9,944
(1) The persistent refusal of the child victim to testify 9,946
despite judicial requests to do so; 9,947
(2) The inability of the child victim to communicate about 9,949
the alleged violation or offense because of extreme fear, failure 9,950
of memory, or another similar reason; 9,951
(3) The substantial likelihood that the child victim will 9,953
suffer serious emotional trauma from so testifying. 9,954
227
(F)(1) If a juvenile judge issues an order pursuant to 9,956
division (C) or (D) of this section that requires the testimony 9,957
of a child victim in a juvenile court proceeding to be taken 9,958
outside of the room in which the proceeding is being conducted, 9,959
the order shall specifically identify the child victim to whose 9,960
testimony it applies, the order applies only during the testimony 9,961
of the specified child victim, and the child victim giving the 9,962
testimony shall not be required to testify at the proceeding 9,963
other than in accordance with the order. The authority of a 9,964
judge to close the taking of a deposition under division (A)(3) 9,966
of this section or a proceeding under division (C) or (D) of this 9,967
section is in addition to the authority of a judge to close a 9,968
hearing pursuant to section 2151.35 of the Revised Code. 9,969
(2) A juvenile judge who makes any determination regarding 9,971
the admissibility of a deposition under divisions (A) and (B) of 9,972
this section, the videotaping of a deposition under division 9,973
(A)(3) of this section, or the taking of testimony outside of the 9,975
room in which a proceeding is being conducted under division (C) 9,976
or (D) of this section, shall enter the determination and 9,977
findings on the record in the proceeding. 9,978
Sec. 2152.99. WHOEVER VIOLATES DIVISION (G) OF SECTION 9,981
2152.72 OF THE REVISED CODE IS GUILTY OF A MINOR MISDEMEANOR. 9,982
Sec. 2153.16. The juvenile court shall exercise the 9,991
jurisdiction and powers conferred upon the juvenile court by 9,992
Chapter CHAPTERS 2151. AND 2152. and other sections of the 9,994
Revised Code, unless such THE jurisdiction and powers are 9,995
inconsistent with sections 2153.01 to 2153.17, inclusive, of the 9,997
Revised Code, or ARE plainly inapplicable. 9,998
Sec. 2301.03. (A) In Franklin county, the judges of the 10,007
court of common pleas whose terms begin on January 1, 1953, 10,008
January 2, 1953, January 5, 1969, January 5, 1977, and January 2, 10,009
1997, and successors, shall have the same qualifications, 10,010
exercise the same powers and jurisdiction, and receive the same 10,011
compensation as other judges of the court of common pleas of 10,012
228
Franklin county and shall be elected and designated as judges of 10,013
the court of common pleas, division of domestic relations. They 10,014
shall have all the powers relating to juvenile courts, and all 10,015
cases under Chapter CHAPTERS 2151. AND 2152. of the Revised Code, 10,016
all parentage proceedings under Chapter 3111. of the Revised Code 10,018
over which the juvenile court has jurisdiction, and all divorce, 10,019
dissolution of marriage, legal separation, and annulment cases 10,020
shall be assigned to them. In addition to the judge's regular 10,021
duties, the judge who is senior in point of service shall serve 10,023
on the children services board and the county advisory board and 10,024
shall be the administrator of the domestic relations division and 10,025
its subdivisions and departments.
(B)(1) In Hamilton county, the: 10,027
(1) THE judge of the court of common pleas, whose term 10,030
begins on January 1, 1957, and successors, and the judge of the 10,031
court of common pleas, whose term begins on February 14, 1967, 10,032
and successors, shall be the juvenile judges as provided in 10,033
Chapter CHAPTERS 2151. AND 2152. of the Revised Code, with the 10,035
powers and jurisdiction conferred by that chapter THOSE CHAPTERS. 10,036
(2) The judges of the court of common pleas whose terms 10,038
begin on January 5, 1957, January 16, 1981, and July 1, 1991, and 10,039
successors, shall be elected and designated as judges of the 10,040
court of common pleas, division of domestic relations, and shall 10,041
have assigned to them all divorce, dissolution of marriage, legal 10,042
separation, and annulment cases coming before the court. On or 10,043
after the first day of July and before the first day of August of 10,044
1991 and each year thereafter, a majority of the judges of the 10,045
division of domestic relations shall elect one of the judges of 10,046
the division as administrative judge of that division. If a 10,047
majority of the judges of the division of domestic relations are 10,048
unable for any reason to elect an administrative judge for the 10,050
division before the first day of August, a majority of the judges 10,051
of the Hamilton county court of common pleas, as soon as possible 10,052
after that date, shall elect one of the judges of the division of 10,053
229
domestic relations as administrative judge of that division. The 10,054
term of the administrative judge shall begin on the earlier of 10,055
the first day of August of the year in which the administrative 10,056
judge is elected or the date on which the administrative judge is 10,058
elected by a majority of the judges of the Hamilton county court 10,061
of common pleas and shall terminate on the date on which the 10,062
administrative judge's successor is elected in the following 10,063
year. 10,064
In addition to the judge's regular duties, the 10,066
administrative judge of the division of domestic relations shall 10,068
be the administrator of the domestic relations division and its 10,069
subdivisions and departments and shall have charge of the 10,070
employment, assignment, and supervision of the personnel of the 10,071
division engaged in handling, servicing, or investigating 10,072
divorce, dissolution of marriage, legal separation, and annulment 10,073
cases, including any referees considered necessary by the judges 10,074
in the discharge of their various duties. 10,075
The administrative judge of the division of domestic 10,077
relations also shall designate the title, compensation, expense 10,078
allowances, hours, leaves of absence, and vacations of the 10,079
personnel of the division, and shall fix the duties of its 10,080
personnel. The duties of the personnel, in addition to those 10,081
provided for in other sections of the Revised Code, shall include 10,082
the handling, servicing, and investigation of divorce, 10,083
dissolution of marriage, legal separation, and annulment cases 10,084
and counseling and conciliation services that may be made 10,085
available to persons requesting them, whether or not the persons 10,086
are parties to an action pending in the division. 10,087
The board of county commissioners shall appropriate the sum 10,089
of money each year as will meet all the administrative expenses 10,090
of the division of domestic relations, including reasonable 10,091
expenses of the domestic relations judges and the division 10,092
counselors and other employees designated to conduct the 10,093
handling, servicing, and investigation of divorce, dissolution of 10,094
230
marriage, legal separation, and annulment cases, conciliation and 10,095
counseling, and all matters relating to those cases and 10,096
counseling, and the expenses involved in the attendance of 10,097
division personnel at domestic relations and welfare conferences 10,098
designated by the division, and the further sum each year as will 10,099
provide for the adequate operation of the division of domestic 10,100
relations. 10,101
The compensation and expenses of all employees and the 10,103
salary and expenses of the judges shall be paid by the county 10,104
treasurer from the money appropriated for the operation of the 10,105
division, upon the warrant of the county auditor, certified to by 10,106
the administrative judge of the division of domestic relations. 10,107
The summonses, warrants, citations, subpoenas, and other 10,109
writs of the division may issue to a bailiff, constable, or staff 10,110
investigator of the division or to the sheriff of any county or 10,111
any marshal, constable, or police officer, and the provisions of 10,112
law relating to the subpoenaing of witnesses in other cases shall 10,113
apply insofar as they are applicable. When a summons, warrant, 10,114
citation, subpoena, or other writ is issued to an officer, other 10,115
than a bailiff, constable, or staff investigator of the division, 10,116
the expense of serving it shall be assessed as a part of the 10,117
costs in the case involved. 10,118
(3) The judge of the court of common pleas of Hamilton 10,121
County whose term begins on January 3, 1997, shall be elected and 10,122
designated for one term only as the drug court judge of the court 10,123
of common pleas of Hamilton County, and the successors to that 10,125
judge shall be elected and designated as judges of the general 10,126
division of the court of common pleas of Hamilton county and 10,127
shall not have the authority granted by division (B)(3) of this 10,128
section. The drug court judge may accept or reject any case 10,129
referred to the drug court judge under division (B)(3) of this 10,130
section. After the drug court judge accepts a referred case, the 10,131
drug court judge has full authority over the case, including the 10,132
authority to conduct arraignment, accept pleas, enter findings 10,133
231
and dispositions, conduct trials, order treatment, and if 10,134
treatment is not successfully completed pronounce and enter 10,135
sentence.
A judge of the general division of the court of common 10,137
pleas of Hamilton County and a judge of the Hamilton County 10,139
municipal court may refer to the drug court judge any case, and 10,140
any companion cases, the judge determines meet the criteria 10,141
described under divisions (B)(3)(a) and (b) of this section. If 10,143
the drug court judge accepts referral of a referred case, the 10,144
case, and any companion cases, shall be transferred to the drug 10,146
court judge. A judge may refer a case meeting the criteria
described in divisions (B)(3)(a) and (b) of this section that 10,148
involves a violation of a term of probation to the drug court 10,149
judge, and, if the drug court judge accepts the referral, the 10,151
referring judge and the drug court judge have concurrent 10,152
jurisdiction over the case.
A judge of the general division of the court of common 10,154
pleas of Hamilton County and a judge of the Hamilton County 10,155
municipal court may refer a case to the drug court judge under 10,156
division (B)(3) of this section if the judge determines that both 10,157
of the following apply:
(a) One of the following applies: 10,159
(i) The case involves a drug abuse offense, as defined in 10,161
section 2925.01 of the Revised Code, that is a felony of the 10,163
third or fourth degree if the offense is committed prior to July 10,164
1, 1996, a felony of the third, fourth, or fifth degree if the 10,165
offense is committed on or after July 1, 1996, or a misdemeanor. 10,166
(ii) The case involves a theft offense, as defined in 10,168
section 2913.01 of the Revised Code, that is a felony of the 10,170
third or fourth degree if the offense is committed prior to July 10,171
1, 1996, a felony of the third, fourth, or fifth degree if the 10,172
offense is committed on or after July 1, 1996, or a misdemeanor, 10,173
and the defendant is drug or alcohol dependent or in danger of 10,174
becoming drug or alcohol dependent and would benefit from 10,175
232
treatment.
(b) All of the following apply: 10,177
(i) The case involves a probationable offense or a case in 10,179
which a mandatory prison term is not required to be imposed. 10,180
(ii) The defendant has no history of violent behavior. 10,182
(iii) The defendant has no history of mental illness. 10,184
(iv) The defendant's current or past behavior, or both, is 10,186
drug or alcohol driven. 10,187
(v) The defendant demonstrates a sincere willingness to 10,189
participate in a fifteen-month treatment process. 10,190
(vi) The defendant has no acute health condition. 10,192
(vii) If the defendant is incarcerated, the county 10,194
prosecutor approves of the referral. 10,195
(4) If the administrative judge of the court of common 10,197
pleas of Hamilton county determines that the volume of cases 10,198
pending before the drug court judge does not constitute a 10,199
sufficient caseload for the drug court judge, the administrative 10,200
judge, in accordance with the Rules of Superintendence for Courts 10,201
of Common Pleas, shall assign individual cases to the drug court 10,202
judge from the general docket of the court. If the assignments 10,203
so occur, the administrative judge shall cease the assignments 10,204
when the administrative judge determines that the volume of cases 10,205
pending before the drug court judge constitutes a sufficient 10,206
caseload for the drug court judge.
(C) In Lorain county, the judges of the court of common 10,208
pleas whose terms begin on January 3, 1959, January 4, 1989, and 10,209
January 2, 1999, and successors, shall have the same 10,211
qualifications, exercise the same powers and jurisdiction, and 10,212
receive the same compensation as the other judges of the court of 10,213
common pleas of Lorain county and shall be elected and designated 10,214
as the judges of the court of common pleas, division of domestic 10,215
relations. They shall have all of the powers relating to 10,216
juvenile courts, and all cases under Chapter CHAPTERS 2151. AND 10,217
2152. of the Revised Code, all parentage proceedings over which 10,219
233
the juvenile court has jurisdiction, and all divorce, dissolution 10,220
of marriage, legal separation, and annulment cases shall be 10,221
assigned to them, except cases that for some special reason are 10,222
assigned to some other judge of the court of common pleas. 10,223
(D)(1) In Lucas county, the: 10,225
(1) THE judges of the court of common pleas whose terms 10,228
begin on January 1, 1955, and January 3, 1965, and successors, 10,229
shall have the same qualifications, exercise the same powers and 10,230
jurisdiction, and receive the same compensation as other judges 10,231
of the court of common pleas of Lucas county and shall be elected 10,232
and designated as judges of the court of common pleas, division 10,233
of domestic relations. All divorce, dissolution of marriage, 10,234
legal separation, and annulment cases shall be assigned to them. 10,235
The judge of the division of domestic relations, senior in 10,237
point of service, shall be considered as the presiding judge of 10,238
the court of common pleas, division of domestic relations, and 10,239
shall be charged exclusively with the assignment and division of 10,240
the work of the division and the employment and supervision of 10,241
all other personnel of the domestic relations division. 10,242
(2) The judges of the court of common pleas whose terms 10,244
begin on January 5, 1977, and January 2, 1991, and successors 10,245
shall have the same qualifications, exercise the same powers and 10,246
jurisdiction, and receive the same compensation as other judges 10,247
of the court of common pleas of Lucas county, shall be elected 10,248
and designated as judges of the court of common pleas, juvenile 10,249
division, and shall be the juvenile judges as provided in Chapter 10,250
CHAPTERS 2151. AND 2152. of the Revised Code with the powers and 10,252
jurisdictions conferred by that chapter THOSE CHAPTERS. In 10,253
addition to the judge's regular duties, the judge of the court of 10,256
common pleas, juvenile division, senior in point of service, 10,257
shall be the administrator of the juvenile division and its 10,258
subdivisions and departments and shall have charge of the 10,259
employment, assignment, and supervision of the personnel of the 10,260
division engaged in handling, servicing, or investigating 10,261
234
juvenile cases, including any referees considered necessary by 10,262
the judges of the division in the discharge of their various 10,263
duties.
The judge of the court of common pleas, juvenile division, 10,265
senior in point of service, also shall designate the title, 10,266
compensation, expense allowance, hours, leaves of absence, and 10,267
vacation of the personnel of the division and shall fix the 10,268
duties of the personnel of the division. The duties of the 10,269
personnel, in addition to other statutory duties include the 10,270
handling, servicing, and investigation of juvenile cases and 10,271
counseling and conciliation services that may be made available 10,272
to persons requesting them, whether or not the persons are 10,273
parties to an action pending in the division. 10,274
(3) If one of the judges of the court of common pleas, 10,276
division of domestic relations, or one of the judges of the 10,277
juvenile division is sick, absent, or unable to perform that 10,278
judge's judicial duties or the volume of cases pending in that 10,280
judge's division necessitates it, the duties shall be performed 10,281
by the judges of the other of those divisions. 10,283
(E)(1) In Mahoning county, the: 10,285
(1) THE judge of the court of common pleas whose term 10,288
began on January 1, 1955, and successors, shall have the same 10,289
qualifications, exercise the same powers and jurisdiction, and 10,290
receive the same compensation as other judges of the court of 10,291
common pleas of Mahoning county, shall be elected and designated 10,292
as judge of the court of common pleas, division of domestic 10,293
relations, and shall be assigned all the divorce, dissolution of 10,295
marriage, legal separation, and annulment cases coming before the 10,296
court. In addition to the judge's regular duties, the judge of 10,297
the court of common pleas, division of domestic relations, shall 10,298
be the administrator of the domestic relations division and its 10,299
subdivisions and departments and shall have charge of the 10,300
employment, assignment, and supervision of the personnel of the 10,301
division engaged in handling, servicing, or investigating 10,302
235
divorce, dissolution of marriage, legal separation, and annulment 10,303
cases, including any referees considered necessary in the 10,304
discharge of the various duties of the judge's office. 10,305
The judge also shall designate the title, compensation, 10,307
expense allowances, hours, leaves of absence, and vacations of 10,308
the personnel of the division and shall fix the duties of the 10,309
personnel of the division. The duties of the personnel, in 10,310
addition to other statutory duties, include the handling, 10,311
servicing, and investigation of divorce, dissolution of marriage, 10,312
legal separation, and annulment cases and counseling and 10,313
conciliation services that may be made available to persons 10,314
requesting them, whether or not the persons are parties to an 10,315
action pending in the division. 10,316
(2) The judge of the court of common pleas whose term 10,318
began on January 2, 1969, and successors, shall have the same 10,319
qualifications, exercise the same powers and jurisdiction, and 10,320
receive the same compensation as other judges of the court of 10,321
common pleas of Mahoning county, shall be elected and designated 10,322
as judge of the court of common pleas, juvenile division, and 10,323
shall be the juvenile judge as provided in Chapter CHAPTERS 2151. 10,325
AND 2152. of the Revised Code, with the powers and jurisdictions 10,326
conferred by that chapter THOSE CHAPTERS. In addition to the 10,327
judge's regular duties, the judge of the court of common pleas, 10,330
juvenile division, shall be the administrator of the juvenile 10,331
division and its subdivisions and departments and shall have 10,332
charge of the employment, assignment, and supervision of the 10,333
personnel of the division engaged in handling, servicing, or 10,334
investigating juvenile cases, including any referees considered 10,335
necessary by the judge in the discharge of the judge's various 10,336
duties.
The judge also shall designate the title, compensation, 10,338
expense allowances, hours, leaves of absence, and vacation of the 10,339
personnel of the division and shall fix the duties of the 10,340
personnel of the division. The duties of the personnel, in 10,341
236
addition to other statutory duties, include the handling, 10,342
servicing, and investigation of juvenile cases and counseling and 10,343
conciliation services that may be made available to persons 10,344
requesting them, whether or not the persons are parties to an 10,345
action pending in the division. 10,346
(3) If a judge of the court of common pleas, division of 10,348
domestic relations or juvenile division, is sick, absent, or 10,349
unable to perform that judge's judicial duties, or the volume of 10,351
cases pending in that judge's division necessitates it, that 10,353
judge's duties shall be performed by another judge of the court 10,354
of common pleas.
(F)(1) In Montgomery county, the: 10,356
(1) THE judges of the court of common pleas whose terms 10,359
begin on January 2, 1953, and January 4, 1977, and successors, 10,360
shall have the same qualifications, exercise the same powers and 10,361
jurisdiction, and receive the same compensation as other judges 10,362
of the court of common pleas of Montgomery county and shall be 10,363
elected and designated as judges of the court of common pleas, 10,364
division of domestic relations. These judges shall have assigned 10,365
to them all divorce, dissolution of marriage, legal separation, 10,366
and annulment cases.
The judge of the division of domestic relations, senior in 10,368
point of service, shall be charged exclusively with the 10,369
assignment and division of the work of the division and shall 10,370
have charge of the employment and supervision of the personnel of 10,371
the division engaged in handling, servicing, or investigating 10,372
divorce, dissolution of marriage, legal separation, and annulment 10,373
cases, including any necessary referees, except those employees 10,374
who may be appointed by the judge, junior in point of service, 10,375
under this section and sections 2301.12, 2301.18, and 2301.19 of 10,376
the Revised Code. The judge of the division of domestic 10,377
relations, senior in point of service, also shall designate the 10,378
title, compensation, expense allowances, hours, leaves of 10,379
absence, and vacation of the personnel of the division and shall 10,380
237
fix their duties. 10,381
(2) The judges of the court of common pleas whose terms 10,383
begin on January 1, 1953, and January 1, 1993, and successors, 10,384
shall have the same qualifications, exercise the same powers and 10,385
jurisdiction, and receive the same compensation as other judges 10,386
of the court of common pleas of Montgomery county, shall be 10,387
elected and designated as judges of the court of common pleas, 10,388
juvenile division, and shall be, and have the powers and 10,389
jurisdiction of, the juvenile judge as provided in Chapter 10,391
CHAPTERS 2151. AND 2152. of the Revised Code.
In addition to the judge's regular duties, the judge of the 10,393
court of common pleas, juvenile division, senior in point of 10,395
service, shall be the administrator of the juvenile division and 10,396
its subdivisions and departments and shall have charge of the 10,397
employment, assignment, and supervision of the personnel of the 10,398
juvenile division, including any necessary referees, who are 10,399
engaged in handling, servicing, or investigating juvenile cases. 10,400
The judge, senior in point of service, also shall designate the 10,401
title, compensation, expense allowances, hours, leaves of 10,402
absence, and vacation of the personnel of the division and shall 10,403
fix their duties. The duties of the personnel, in addition to 10,404
other statutory duties, shall include the handling, servicing, 10,405
and investigation of juvenile cases and of any counseling and 10,406
conciliation services that are available upon request to persons, 10,407
whether or not they are parties to an action pending in the 10,408
division. 10,409
If one of the judges of the court of common pleas, division 10,411
of domestic relations, or one of the judges of the court of 10,412
common pleas, juvenile division, is sick, absent, or unable to 10,413
perform that judge's duties or the volume of cases pending in 10,415
that judge's division necessitates it, the duties of that judge 10,417
may be performed by the judge or judges of the other of those 10,418
divisions.
(G) In Richland county, the judge of the court of common 10,420
238
pleas whose term begins on January 1, 1957, and successors, shall 10,421
have the same qualifications, exercise the same powers and 10,422
jurisdiction, and receive the same compensation as the other 10,423
judges of the court of common pleas of Richland county and shall 10,424
be elected and designated as judge of the court of common pleas, 10,425
division of domestic relations. That judge shall have all of the 10,427
powers relating to juvenile courts, and all cases under Chapter 10,429
CHAPTERS 2151. AND 2152. of the Revised Code, all parentage 10,430
proceedings over which the juvenile court has jurisdiction, and 10,431
all divorce, dissolution of marriage, legal separation, and 10,432
annulment cases shall be assigned to that judge, except in cases 10,433
that for some special reason are assigned to some other judge of 10,435
the court of common pleas.
(H) In Stark county, the judges of the court of common 10,437
pleas whose terms begin on January 1, 1953, January 2, 1959, and 10,438
January 1, 1993, and successors, shall have the same 10,439
qualifications, exercise the same powers and jurisdiction, and 10,440
receive the same compensation as other judges of the court of 10,441
common pleas of Stark county and shall be elected and designated 10,442
as judges of the court of common pleas, division of domestic 10,443
relations. They shall have all the powers relating to juvenile 10,444
courts, and all cases under Chapter CHAPTERS 2151. AND 2152. of 10,446
the Revised Code, all parentage proceedings over which the 10,447
juvenile court has jurisdiction, and all divorce, dissolution of 10,448
marriage, legal separation, and annulment cases, except cases 10,449
that are assigned to some other judge of the court of common 10,450
pleas for some special reason, shall be assigned to the judges. 10,451
The judge of the division of domestic relations, second 10,453
most senior in point of service, shall have charge of the 10,454
employment and supervision of the personnel of the division 10,455
engaged in handling, servicing, or investigating divorce, 10,456
dissolution of marriage, legal separation, and annulment cases, 10,457
and necessary referees required for the judge's respective court. 10,459
The judge of the division of domestic relations, senior in 10,461
239
point of service, shall be charged exclusively with the 10,462
administration of sections 2151.13, 2151.16, 2151.17, and 2151.18 10,463
2152.71 of the Revised Code and with the assignment and division 10,465
of the work of the division and the employment and supervision of 10,466
all other personnel of the division, including, but not limited 10,467
to, that judge's necessary referees, but excepting those 10,468
employees who may be appointed by the judge second most senior in 10,470
point of service. The senior judge further shall serve in every 10,471
other position in which the statutes permit or require a juvenile 10,473
judge to serve.
(I) In Summit county: 10,475
(1) The judges of the court of common pleas whose terms 10,477
begin on January 4, 1967, and January 6, 1993, and successors, 10,478
shall have the same qualifications, exercise the same powers and 10,479
jurisdiction, and receive the same compensation as other judges 10,480
of the court of common pleas of Summit county and shall be 10,481
elected and designated as judges of the court of common pleas, 10,482
division of domestic relations. The judges of the division of 10,483
domestic relations shall have assigned to them and hear all 10,484
divorce, dissolution of marriage, legal separation, and annulment 10,485
cases that come before the court. Except in cases that are 10,487
subject to the exclusive original jurisdiction of the juvenile 10,488
court, the judges of the division of domestic relations shall 10,489
have assigned to them and hear all cases pertaining to paternity, 10,490
custody, visitation, child support, or the allocation of parental 10,491
rights and responsibilities for the care of children and all 10,492
post-decree proceedings arising from any case pertaining to any 10,493
of those matters. The judges of the division of domestic 10,494
relations shall have assigned to them and hear all proceedings 10,495
under the uniform interstate family support act contained in 10,496
Chapter 3115. of the Revised Code.
The judge of the division of domestic relations, senior in 10,498
point of service, shall be the administrator of the domestic 10,499
relations division and its subdivisions and departments and shall 10,500
240
have charge of the employment, assignment, and supervision of the 10,501
personnel of the division, including any necessary referees, who 10,502
are engaged in handling, servicing, or investigating divorce, 10,503
dissolution of marriage, legal separation, and annulment cases. 10,504
That judge also shall designate the title, compensation, expense 10,505
allowances, hours, leaves of absence, and vacations of the 10,506
personnel of the division and shall fix their duties. The duties 10,507
of the personnel, in addition to other statutory duties, shall 10,508
include the handling, servicing, and investigation of divorce, 10,509
dissolution of marriage, legal separation, and annulment cases 10,510
and of any counseling and conciliation services that are 10,511
available upon request to all persons, whether or not they are 10,512
parties to an action pending in the division. 10,513
(2) The judge of the court of common pleas whose term 10,515
begins on January 1, 1955, and successors, shall have the same 10,516
qualifications, exercise the same powers and jurisdiction, and 10,517
receive the same compensation as other judges of the court of 10,518
common pleas of Summit county, shall be elected and designated as 10,519
judge of the court of common pleas, juvenile division, and shall 10,520
be, and have the powers and jurisdiction of, the juvenile judge 10,521
as provided in Chapter CHAPTERS 2151. AND 2152. of the Revised 10,523
Code. Except in cases that are subject to the exclusive original 10,524
jurisdiction of the juvenile court, the judge of the juvenile 10,525
division shall not have jurisdiction or the power to hear, and 10,526
shall not be assigned, any case pertaining to paternity, custody, 10,527
visitation, child support, or the allocation of parental rights 10,528
and responsibilities for the care of children or any post-decree 10,529
proceeding arising from any case pertaining to any of those 10,530
matters. The judge of the juvenile division shall not have 10,531
jurisdiction or the power to hear, and shall not be assigned, any 10,532
proceeding under the uniform interstate family support act 10,533
contained in Chapter 3115. of the Revised Code.
The juvenile judge shall be the administrator of the 10,535
juvenile division and its subdivisions and departments and shall 10,536
241
have charge of the employment, assignment, and supervision of the 10,537
personnel of the juvenile division, including any necessary 10,538
referees, who are engaged in handling, servicing, or 10,539
investigating juvenile cases. The judge also shall designate the 10,540
title, compensation, expense allowances, hours, leaves of 10,541
absence, and vacation of the personnel of the division and shall 10,542
fix their duties. The duties of the personnel, in addition to 10,543
other statutory duties, shall include the handling, servicing, 10,544
and investigation of juvenile cases and of any counseling and 10,545
conciliation services that are available upon request to persons, 10,546
whether or not they are parties to an action pending in the 10,547
division. 10,548
(J) In Trumbull county, the judges of the court of common 10,550
pleas whose terms begin on January 1, 1953, and January 2, 1977, 10,551
and successors, shall have the same qualifications, exercise the 10,552
same powers and jurisdiction, and receive the same compensation 10,553
as other judges of the court of common pleas of Trumbull county 10,554
and shall be elected and designated as judges of the court of 10,555
common pleas, division of domestic relations. They shall have 10,556
all the powers relating to juvenile courts, and all cases under 10,557
Chapter CHAPTERS 2151. AND 2152. of the Revised Code, all 10,559
parentage proceedings over which the juvenile court has 10,560
jurisdiction, and all divorce, dissolution of marriage, legal 10,561
separation, and annulment cases shall be assigned to them, except 10,562
cases that for some special reason are assigned to some other 10,563
judge of the court of common pleas. 10,564
(K) In Butler county: 10,566
(1) The judges of the court of common pleas whose terms 10,568
begin on January 1, 1957, and January 4, 1993, and successors, 10,569
shall have the same qualifications, exercise the same powers and 10,570
jurisdiction, and receive the same compensation as other judges 10,571
of the court of common pleas of Butler county and shall be 10,572
elected and designated as judges of the court of common pleas, 10,573
division of domestic relations. The judges of the division of 10,574
242
domestic relations shall have assigned to them all divorce, 10,575
dissolution of marriage, legal separation, and annulment cases 10,576
coming before the court, except in cases that for some special 10,577
reason are assigned to some other judge of the court of common 10,578
pleas. The judge senior in point of service shall be charged 10,579
with the assignment and division of the work of the division and 10,580
with the employment and supervision of all other personnel of the 10,581
domestic relations division. 10,582
The judge senior in point of service also shall designate 10,584
the title, compensation, expense allowances, hours, leaves of 10,585
absence, and vacations of the personnel of the division and shall 10,586
fix their duties. The duties of the personnel, in addition to 10,587
other statutory duties, shall include the handling, servicing, 10,588
and investigation of divorce, dissolution of marriage, legal 10,589
separation, and annulment cases and providing any counseling and 10,590
conciliation services that the division makes available to 10,591
persons, whether or not the persons are parties to an action 10,592
pending in the division, who request the services. 10,593
(2) The judge of the court of common pleas whose term 10,595
begins on January 3, 1987, and successors, shall have the same 10,596
qualifications, exercise the same powers and jurisdiction, and 10,597
receive the same compensation as other judges of the court of 10,598
common pleas of Butler county, shall be elected and designated as 10,599
judge of the court of common pleas, juvenile division, and shall 10,600
be the juvenile judge as provided in Chapter CHAPTERS 2151. AND 10,602
2152. of the Revised Code, with the powers and jurisdictions 10,603
conferred by that chapter THOSE CHAPTERS. The judge of the court 10,604
of common pleas, juvenile division, shall be the administrator of 10,606
the juvenile division and its subdivisions and departments. The 10,607
judge shall have charge of the employment, assignment, and 10,608
supervision of the personnel of the juvenile division who are 10,609
engaged in handling, servicing, or investigating juvenile cases, 10,610
including any referees whom the judge considers necessary for the 10,611
discharge of the judge's various duties. 10,612
243
The judge also shall designate the title, compensation, 10,614
expense allowances, hours, leaves of absence, and vacation of the 10,615
personnel of the division and shall fix their duties. The duties 10,616
of the personnel, in addition to other statutory duties, include 10,617
the handling, servicing, and investigation of juvenile cases and 10,618
providing any counseling and conciliation services that the 10,619
division makes available to persons, whether or not the persons 10,620
are parties to an action pending in the division, who request the 10,621
services. 10,622
(3) If a judge of the court of common pleas, division of 10,624
domestic relations or juvenile division, is sick, absent, or 10,625
unable to perform that judge's judicial duties or the volume of 10,627
cases pending in the judge's division necessitates it, the duties 10,629
of that judge shall be performed by the other judges of the 10,630
domestic relations and juvenile divisions. 10,631
(L)(1) In Cuyahoga county, the judges of the court of 10,633
common pleas whose terms begin on January 8, 1961, January 9, 10,634
1961, January 18, 1975, January 19, 1975, and January 13, 1987, 10,635
and successors, shall have the same qualifications, exercise the 10,636
same powers and jurisdiction, and receive the same compensation 10,637
as other judges of the court of common pleas of Cuyahoga county 10,638
and shall be elected and designated as judges of the court of 10,639
common pleas, division of domestic relations. They shall have 10,640
all the powers relating to all divorce, dissolution of marriage, 10,641
legal separation, and annulment cases, except in cases that are 10,642
assigned to some other judge of the court of common pleas for 10,643
some special reason. 10,644
(2) The administrative judge is administrator of the 10,646
domestic relations division and its subdivisions and departments 10,647
and has the following powers concerning division personnel: 10,648
(a) Full charge of the employment, assignment, and 10,650
supervision; 10,651
(b) Sole determination of compensation, duties, expenses, 10,653
allowances, hours, leaves, and vacations. 10,654
244
(3) "Division personnel" include persons employed or 10,656
referees engaged in hearing, servicing, investigating, 10,657
counseling, or conciliating divorce, dissolution of marriage, 10,658
legal separation and annulment matters. 10,659
(M) In Lake county: 10,661
(1) The judge of the court of common pleas whose term 10,663
begins on January 2, 1961, and successors, shall have the same 10,664
qualifications, exercise the same powers and jurisdiction, and 10,665
receive the same compensation as the other judges of the court of 10,666
common pleas of Lake county and shall be elected and designated 10,667
as judge of the court of common pleas, division of domestic 10,668
relations. The judge shall be assigned all the divorce, 10,670
dissolution of marriage, legal separation, and annulment cases 10,671
coming before the court, except in cases that for some special 10,672
reason are assigned to some other judge of the court of common 10,673
pleas. The judge shall be charged with the assignment and 10,674
division of the work of the division and with the employment and 10,675
supervision of all other personnel of the domestic relations 10,676
division. 10,677
The judge also shall designate the title, compensation, 10,679
expense allowances, hours, leaves of absence, and vacations of 10,680
the personnel of the division and shall fix their duties. The 10,681
duties of the personnel, in addition to other statutory duties, 10,682
shall include the handling, servicing, and investigation of 10,683
divorce, dissolution of marriage, legal separation, and annulment 10,684
cases and providing any counseling and conciliation services that 10,685
the division makes available to persons, whether or not the 10,686
persons are parties to an action pending in the division, who 10,687
request the services. 10,688
(2) The judge of the court of common pleas whose term 10,690
begins on January 4, 1979, and successors, shall have the same 10,691
qualifications, exercise the same powers and jurisdiction, and 10,692
receive the same compensation as other judges of the court of 10,693
common pleas of Lake county, shall be elected and designated as 10,694
245
judge of the court of common pleas, juvenile division, and shall 10,695
be the juvenile judge as provided in Chapter CHAPTERS 2151. AND 10,697
2152. of the Revised Code, with the powers and jurisdictions 10,698
conferred by that chapter THOSE CHAPTERS. The judge of the court 10,699
of common pleas, juvenile division, shall be the administrator of 10,701
the juvenile division and its subdivisions and departments. The 10,702
judge shall have charge of the employment, assignment, and 10,703
supervision of the personnel of the juvenile division who are 10,704
engaged in handling, servicing, or investigating juvenile cases, 10,705
including any referees whom the judge considers necessary for the 10,706
discharge of the judge's various duties. 10,707
The judge also shall designate the title, compensation, 10,709
expense allowances, hours, leaves of absence, and vacation of the 10,710
personnel of the division and shall fix their duties. The duties 10,711
of the personnel, in addition to other statutory duties, include 10,712
the handling, servicing, and investigation of juvenile cases and 10,713
providing any counseling and conciliation services that the 10,714
division makes available to persons, whether or not the persons 10,715
are parties to an action pending in the division, who request the 10,716
services. 10,717
(3) If a judge of the court of common pleas, division of 10,719
domestic relations or juvenile division, is sick, absent, or 10,720
unable to perform that judge's judicial duties or the volume of 10,722
cases pending in the judge's division necessitates it, the duties 10,724
of that judge shall be performed by the other judges of the 10,725
domestic relations and juvenile divisions. 10,726
(N) In Erie county, the judge of the court of common pleas 10,728
whose term begins on January 2, 1971, and successors, shall have 10,729
the same qualifications, exercise the same powers and 10,730
jurisdiction, and receive the same compensation as the other 10,731
judge of the court of common pleas of Erie county and shall be 10,732
elected and designated as judge of the court of common pleas, 10,733
division of domestic relations. The judge shall have all the 10,734
powers relating to juvenile courts, and shall be assigned all 10,735
246
cases under Chapter CHAPTERS 2151. AND 2152. of the Revised Code, 10,738
parentage proceedings over which the juvenile court has 10,740
jurisdiction, and divorce, dissolution of marriage, legal 10,741
separation, and annulment cases, except cases that for some
special reason are assigned to some other judge. 10,743
(O) In Greene county: 10,745
(1) The judge of the court of common pleas whose term 10,747
begins on January 1, 1961, and successors, shall have the same 10,748
qualifications, exercise the same powers and jurisdiction, and 10,749
receive the same compensation as the other judges of the court of 10,750
common pleas of Greene county and shall be elected and designated 10,751
as the judge of the court of common pleas, division of domestic 10,752
relations. The judge shall be assigned all divorce, dissolution 10,754
of marriage, legal separation, annulment, uniform reciprocal 10,755
support enforcement, and domestic violence cases and all other 10,756
cases related to domestic relations, except cases that for some 10,757
special reason are assigned to some other judge of the court of 10,758
common pleas.
The judge shall be charged with the assignment and division 10,760
of the work of the division and with the employment and 10,761
supervision of all other personnel of the division. The judge 10,763
also shall designate the title, compensation, hours, leaves of 10,765
absence, and vacations of the personnel of the division and shall 10,766
fix their duties. The duties of the personnel of the division, 10,767
in addition to other statutory duties, shall include the 10,768
handling, servicing, and investigation of divorce, dissolution of 10,769
marriage, legal separation, and annulment cases and the provision 10,770
of counseling and conciliation services that the division 10,771
considers necessary and makes available to persons who request 10,772
the services, whether or not the persons are parties in an action 10,773
pending in the division. The compensation for the personnel 10,774
shall be paid from the overall court budget and shall be included 10,775
in the appropriations for the existing judges of the general 10,776
division of the court of common pleas.
247
(2) The judge of the court of common pleas whose term 10,778
begins on January 1, 1995, and successors, shall have the same 10,779
qualifications, exercise the same powers and jurisdiction, and 10,780
receive the same compensation as the other judges of the court of 10,781
common pleas of Greene county, shall be elected and designated as 10,782
judge of the court of common pleas, juvenile division, and, on or 10,783
after January 1, 1995, shall be the juvenile judge as provided in 10,784
Chapter CHAPTERS 2151. AND 2152. of the Revised Code with the 10,786
powers and jurisdiction conferred by that chapter THOSE CHAPTERS. 10,787
The judge of the court of common pleas, juvenile division, shall 10,789
be the administrator of the juvenile division and its 10,790
subdivisions and departments. The judge shall have charge of the 10,791
employment, assignment, and supervision of the personnel of the 10,792
juvenile division who are engaged in handling, servicing, or 10,793
investigating juvenile cases, including any referees whom the 10,794
judge considers necessary for the discharge of the judge's 10,795
various duties.
The judge also shall designate the title, compensation, 10,797
expense allowances, hours, leaves of absence, and vacation of the 10,798
personnel of the division and shall fix their duties. The duties 10,799
of the personnel, in addition to other statutory duties, include 10,800
the handling, servicing, and investigation of juvenile cases and 10,801
providing any counseling and conciliation services that the court 10,802
makes available to persons, whether or not the persons are 10,803
parties to an action pending in the court, who request the 10,804
services. 10,805
(3) If one of the judges of the court of common pleas, 10,807
general division, is sick, absent, or unable to perform that 10,808
judge's judicial duties or the volume of cases pending in the 10,809
general division necessitates it, the duties of that judge of the 10,811
general division shall be performed by the judge of the division 10,812
of domestic relations and the judge of the juvenile division. 10,813
(P) In Portage county, the judge of the court of common 10,815
pleas, whose term begins January 2, 1987, and successors, shall 10,816
248
have the same qualifications, exercise the same powers and 10,817
jurisdiction, and receive the same compensation as the other 10,818
judges of the court of common pleas of Portage county and shall 10,819
be elected and designated as judge of the court of common pleas, 10,820
division of domestic relations. The judge shall be assigned all 10,822
divorce, dissolution of marriage, legal separation, and annulment 10,824
cases coming before the court, except in cases that for some 10,825
special reason are assigned to some other judge of the court of 10,826
common pleas. The judge shall be charged with the assignment and 10,827
division of the work of the division and with the employment and 10,828
supervision of all other personnel of the domestic relations 10,829
division.
The judge also shall designate the title, compensation, 10,831
expense allowances, hours, leaves of absence, and vacations of 10,832
the personnel of the division and shall fix their duties. The 10,833
duties of the personnel, in addition to other statutory duties, 10,834
shall include the handling, servicing, and investigation of 10,835
divorce, dissolution of marriage, legal separation, and annulment 10,836
cases and providing any counseling and conciliation services that 10,837
the division makes available to persons, whether or not the 10,838
persons are parties to an action pending in the division, who 10,839
request the services. 10,840
(Q) In Clermont county, the judge of the court of common 10,842
pleas, whose term begins January 2, 1987, and successors, shall 10,843
have the same qualifications, exercise the same powers and 10,844
jurisdiction, and receive the same compensation as the other 10,845
judges of the court of common pleas of Clermont county and shall 10,846
be elected and designated as judge of the court of common pleas, 10,847
division of domestic relations. The judge shall be assigned all 10,849
divorce, dissolution of marriage, legal separation, and annulment 10,851
cases coming before the court, except in cases that for some 10,852
special reason are assigned to some other judge of the court of 10,853
common pleas. The judge shall be charged with the assignment and 10,854
division of the work of the division and with the employment and 10,855
249
supervision of all other personnel of the domestic relations 10,856
division.
The judge also shall designate the title, compensation, 10,858
expense allowances, hours, leaves of absence, and vacations of 10,859
the personnel of the division and shall fix their duties. The 10,860
duties of the personnel, in addition to other statutory duties, 10,861
shall include the handling, servicing, and investigation of 10,862
divorce, dissolution of marriage, legal separation, and annulment 10,863
cases and providing any counseling and conciliation services that 10,864
the division makes available to persons, whether or not the 10,865
persons are parties to an action pending in the division, who 10,866
request the services. 10,867
(R) In Warren county, the judge of the court of common 10,869
pleas, whose term begins January 1, 1987, and successors, shall 10,870
have the same qualifications, exercise the same powers and 10,871
jurisdiction, and receive the same compensation as the other 10,872
judges of the court of common pleas of Warren county and shall be 10,873
elected and designated as judge of the court of common pleas, 10,874
division of domestic relations. The judge shall be assigned all 10,876
divorce, dissolution of marriage, legal separation, and annulment 10,878
cases coming before the court, except in cases that for some 10,879
special reason are assigned to some other judge of the court of 10,880
common pleas. The judge shall be charged with the assignment and 10,881
division of the work of the division and with the employment and 10,882
supervision of all other personnel of the domestic relations 10,883
division.
The judge also shall designate the title, compensation, 10,885
expense allowances, hours, leaves of absence, and vacations of 10,886
the personnel of the division and shall fix their duties. The 10,887
duties of the personnel, in addition to other statutory duties, 10,888
shall include the handling, servicing, and investigation of 10,889
divorce, dissolution of marriage, legal separation, and annulment 10,890
cases and providing any counseling and conciliation services that 10,891
the division makes available to persons, whether or not the 10,892
250
persons are parties to an action pending in the division, who 10,893
request the services. 10,894
(S) In Licking county, the judge of the court of common 10,896
pleas, whose term begins January 1, 1991, and successors, shall 10,897
have the same qualifications, exercise the same powers and 10,898
jurisdiction, and receive the same compensation as the other 10,899
judges of the court of common pleas of Licking county and shall 10,900
be elected and designated as judge of the court of common pleas, 10,901
division of domestic relations. The judge shall be assigned all 10,903
divorce, dissolution of marriage, legal separation, and annulment 10,905
cases, all cases arising under Chapter 3111. of the Revised Code, 10,906
all proceedings involving child support, the allocation of 10,907
parental rights and responsibilities for the care of children and 10,908
the designation for the children of a place of residence and 10,909
legal custodian, and visitation, and all post-decree proceedings 10,910
and matters arising from those cases and proceedings, except in 10,911
cases that for some special reason are assigned to another judge 10,912
of the court of common pleas. The judge shall be charged with 10,913
the assignment and division of the work of the division and with 10,914
the employment and supervision of the personnel of the division. 10,915
The judge shall designate the title, compensation, expense 10,917
allowances, hours, leaves of absence, and vacations of the 10,918
personnel of the division and shall fix the duties of the 10,919
personnel of the division. The duties of the personnel of the 10,920
division, in addition to other statutory duties, shall include 10,921
the handling, servicing, and investigation of divorce, 10,922
dissolution of marriage, legal separation, and annulment cases, 10,923
cases arising under Chapter 3111. of the Revised Code, and 10,924
proceedings involving child support, the allocation of parental 10,925
rights and responsibilities for the care of children and the 10,926
designation for the children of a place of residence and legal 10,927
custodian, and visitation and providing any counseling and 10,928
conciliation services that the division makes available to 10,929
persons, whether or not the persons are parties to an action 10,930
251
pending in the division, who request the services. 10,931
(T) In Allen county, the judge of the court of common 10,933
pleas, whose term begins January 1, 1993, and successors, shall 10,934
have the same qualifications, exercise the same powers and 10,935
jurisdiction, and receive the same compensation as the other 10,936
judges of the court of common pleas of Allen county and shall be 10,937
elected and designated as judge of the court of common pleas, 10,938
division of domestic relations. The judge shall be assigned all 10,940
divorce, dissolution of marriage, legal separation, and annulment 10,942
cases, all cases arising under Chapter 3111. of the Revised Code, 10,943
all proceedings involving child support, the allocation of 10,944
parental rights and responsibilities for the care of children and 10,945
the designation for the children of a place of residence and 10,946
legal custodian, and visitation, and all post-decree proceedings 10,947
and matters arising from those cases and proceedings, except in 10,948
cases that for some special reason are assigned to another judge 10,949
of the court of common pleas. The judge shall be charged with 10,950
the assignment and division of the work of the division and with 10,951
the employment and supervision of the personnel of the division. 10,952
The judge shall designate the title, compensation, expense 10,954
allowances, hours, leaves of absence, and vacations of the 10,955
personnel of the division and shall fix the duties of the 10,956
personnel of the division. The duties of the personnel of the 10,957
division, in addition to other statutory duties, shall include 10,958
the handling, servicing, and investigation of divorce, 10,959
dissolution of marriage, legal separation, and annulment cases, 10,960
cases arising under Chapter 3111. of the Revised Code, and 10,961
proceedings involving child support, the allocation of parental 10,962
rights and responsibilities for the care of children and the 10,963
designation for the children of a place of residence and legal 10,964
custodian, and visitation, and providing any counseling and 10,965
conciliation services that the division makes available to 10,966
persons, whether or not the persons are parties to an action 10,967
pending in the division, who request the services. 10,968
252
(U) In Medina county, the judge of the court of common 10,970
pleas whose term begins January 1, 1995, and successors, shall 10,971
have the same qualifications, exercise the same powers and 10,972
jurisdiction, and receive the same compensation as other judges 10,973
of the court of common pleas of Medina county and shall be 10,974
elected and designated as judge of the court of common pleas, 10,975
division of domestic relations. The judge shall be assigned all 10,977
divorce, dissolution of marriage, legal separation, and annulment 10,979
cases, all cases arising under Chapter 3111. of the Revised Code, 10,980
all proceedings involving child support, the allocation of 10,981
parental rights and responsibilities for the care of children and 10,982
the designation for the children of a place of residence and 10,983
legal custodian, and visitation, and all post-decree proceedings 10,984
and matters arising from those cases and proceedings, except in 10,985
cases that for some special reason are assigned to another judge 10,986
of the court of common pleas. The judge shall be charged with 10,987
the assignment and division of the work of the division and with 10,988
the employment and supervision of the personnel of the division. 10,989
The judge shall designate the title, compensation, expense 10,991
allowances, hours, leaves of absence, and vacations of the 10,992
personnel of the division and shall fix the duties of the 10,993
personnel of the division. The duties of the personnel, in 10,994
addition to other statutory duties, include the handling, 10,995
servicing, and investigation of divorce, dissolution of marriage, 10,996
legal separation, and annulment cases, cases arising under 10,997
Chapter 3111. of the Revised Code, and proceedings involving 10,998
child support, the allocation of parental rights and 10,999
responsibilities for the care of children and the designation for 11,000
the children of a place of residence and legal custodian, and 11,001
visitation, and providing counseling and conciliation services 11,002
that the division makes available to persons, whether or not the 11,003
persons are parties to an action pending in the division, who 11,004
request the services. 11,005
(V) In Fairfield county, the judge of the court of common 11,007
253
pleas whose term begins January 2, 1995, and successors, shall 11,008
have the same qualifications, exercise the same powers and 11,009
jurisdiction, and receive the same compensation as the other 11,010
judges of the court of common pleas of Fairfield county and shall 11,011
be elected and designated as judge of the court of common pleas, 11,012
division of domestic relations. The judge shall be assigned all 11,014
divorce, dissolution of marriage, legal separation, and annulment 11,016
cases, all cases arising under Chapter 3111. of the Revised Code, 11,017
all proceedings involving child support, the allocation of 11,018
parental rights and responsibilities for the care of children and 11,019
the designation for the children of a place of residence and 11,020
legal custodian, and visitation, and all post-decree proceedings 11,021
and matters arising from those cases and proceedings, except in 11,022
cases that for some special reason are assigned to another judge 11,023
of the court of common pleas. The judge also has concurrent 11,024
jurisdiction with the probate-juvenile division of the court of
common pleas of Fairfield county with respect to and may hear 11,025
cases to determine the custody of a child, as defined in section 11,026
2151.011 of the Revised Code, who is not the ward of another 11,027
court of this state, cases that are commenced by a parent, 11,028
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 11,029
child to pay child support for that child when the request for 11,030
that order is not ancillary to an action for divorce, dissolution 11,031
of marriage, annulment, or legal separation, a criminal or civil 11,032
action involving an allegation of domestic violence, an action 11,033
for support under Chapter 3115. of the Revised Code, or an action
that is within the exclusive original jurisdiction of the 11,034
probate-juvenile division of the court of common pleas of 11,035
Fairfield county and that involves an allegation that the child 11,036
is an abused, neglected, or dependent child, and post-decree 11,037
proceedings and matters arising from those types of cases.
The judge of the domestic relations division shall be 11,039
charged with the assignment and division of the work of the 11,042
254
division and with the employment and supervision of the personnel 11,043
of the division.
The judge shall designate the title, compensation, expense 11,045
allowances, hours, leaves of absence, and vacations of the 11,046
personnel of the division and shall fix the duties of the 11,047
personnel of the division. The duties of the personnel of the 11,048
division, in addition to other statutory duties, shall include 11,049
the handling, servicing, and investigation of divorce, 11,050
dissolution of marriage, legal separation, and annulment cases, 11,051
cases arising under Chapter 3111. of the Revised Code, and 11,052
proceedings involving child support, the allocation of parental 11,053
rights and responsibilities for the care of children and the 11,054
designation for the children of a place of residence and legal 11,055
custodian, and visitation, and providing any counseling and 11,056
conciliation services that the division makes available to 11,057
persons, regardless of whether the persons are parties to an 11,058
action pending in the division, who request the services. When 11,060
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 11,061
ward of another court of this state or a case that is commenced 11,062
by a parent, guardian, or custodian of a child, as defined in 11,063
section 2151.011 of the Revised Code, to obtain an order 11,064
requiring a parent of the child to pay child support for that
child when the request for that order is not ancillary to an 11,065
action for divorce, dissolution of marriage, annulment, or legal 11,066
separation, a criminal or civil action involving an allegation of 11,067
domestic violence, an action for support under Chapter 3115. of 11,068
the Revised Code, or an action that is within the exclusive 11,069
original jurisdiction of the probate-juvenile division of the
court of common pleas of Fairfield county and that involves an 11,071
allegation that the child is an abused, neglected, or dependent 11,072
child, the duties of the personnel of the domestic relations 11,073
division also include the handling, servicing, and investigation 11,074
of those types of cases.
255
(W)(1) In Clark county, the judge of the court of common 11,076
pleas whose term begins on January 2, 1995, and successors, shall 11,077
have the same qualifications, exercise the same powers and 11,078
jurisdiction, and receive the same compensation as other judges 11,079
of the court of common pleas of Clark county and shall be elected 11,080
and designated as judge of the court of common pleas, domestic 11,081
relations division. The judge shall have all the powers relating 11,083
to juvenile courts, and all cases under Chapter CHAPTERS 2151. 11,084
AND 2152. of the Revised Code and all parentage proceedings under 11,085
Chapter 3111. of the Revised Code over which the juvenile court 11,086
has jurisdiction shall be assigned to the judge of the division 11,087
of domestic relations. All divorce, dissolution of marriage, 11,088
legal separation, annulment, uniform reciprocal support 11,089
enforcement, and other cases related to domestic relations shall 11,090
be assigned to the domestic relations division, and the presiding 11,091
judge of the court of common pleas shall assign the cases to the 11,092
judge of the domestic relations division and the judges of the 11,093
general division. 11,094
(2) In addition to the judge's regular duties, the judge 11,096
of the division of domestic relations shall serve on the children 11,098
services board and the county advisory board. 11,099
(3) If the judge of the court of common pleas of Clark 11,101
county, division of domestic relations, is sick, absent, or 11,102
unable to perform that judge's judicial duties or if the 11,103
presiding judge of the court of common pleas of Clark county 11,106
determines that the volume of cases pending in the division of 11,107
domestic relations necessitates it, the duties of the judge of 11,108
the division of domestic relations shall be performed by the 11,109
judges of the general division or probate division of the court 11,110
of common pleas of Clark county, as assigned for that purpose by 11,111
the presiding judge of that court, and the judges so assigned 11,112
shall act in conjunction with the judge of the division of 11,113
domestic relations of that court. 11,114
(X) In Scioto county, the judge of the court of common 11,116
256
pleas whose term begins January 2, 1995, and successors, shall 11,118
have the same qualifications, exercise the same powers and 11,119
jurisdiction, and receive the same compensation as other judges 11,120
of the court of common pleas of Scioto county and shall be 11,121
elected and designated as judge of the court of common pleas, 11,122
division of domestic relations. The judge shall be assigned all 11,124
divorce, dissolution of marriage, legal separation, and annulment 11,126
cases, all cases arising under Chapter 3111. of the Revised Code, 11,127
all proceedings involving child support, the allocation of 11,128
parental rights and responsibilities for the care of children and 11,129
the designation for the children of a place of residence and 11,130
legal custodian, visitation, and all post-decree proceedings and 11,131
matters arising from those cases and proceedings, except in cases 11,132
that for some special reason are assigned to another judge of the 11,133
court of common pleas. The judge shall be charged with the 11,134
assignment and division of the work of the division and with the 11,135
employment and supervision of the personnel of the division. 11,136
The judge shall designate the title, compensation, expense 11,138
allowances, hours, leaves of absence, and vacations of the 11,139
personnel of the division and shall fix the duties of the 11,140
personnel of the division. The duties of the personnel, in 11,141
addition to other statutory duties, include the handling, 11,142
servicing, and investigation of divorce, dissolution of marriage, 11,143
legal separation, and annulment cases, cases arising under 11,144
Chapter 3111. of the Revised Code, and proceedings involving 11,145
child support, the allocation of parental rights and 11,146
responsibilities for the care of children and the designation for 11,147
the children of a place of residence and legal custodian, and 11,148
visitation, and providing counseling and conciliation services 11,149
that the division makes available to persons, whether or not the 11,150
persons are parties to an action pending in the division, who 11,151
request the services. 11,152
(Y) In Auglaize county, the judge of the probate and 11,154
juvenile divisions of the Auglaize county court of common pleas 11,155
257
also shall be the administrative judge of the domestic relations 11,156
division of the court and shall be assigned all divorce, 11,158
dissolution of marriage, legal separation, and annulment cases 11,159
coming before the court. The judge shall have all powers as 11,160
administrator of the domestic relations division and shall have 11,161
charge of the personnel engaged in handling, servicing, or 11,162
investigating divorce, dissolution of marriage, legal separation, 11,163
and annulment cases, including any referees considered necessary 11,164
for the discharge of the judge's various duties. 11,165
(Z)(1) In Marion county, the judge of the court of common 11,168
pleas whose term begins on February 9, 1999, and the successors 11,169
to that judge, shall have the same qualifications, exercise the 11,170
same powers and jurisdiction, and receive the same compensation
as the other judges of the court of common pleas of Marion county 11,172
and shall be elected and designated as judge of the court of 11,173
common pleas, domestic relations-juvenile-probate division. 11,174
Except as otherwise specified in this division, that judge, and 11,175
the successors to that judge, shall have all the powers relating 11,176
to juvenile courts, and all cases under Chapter CHAPTERS 2151. 11,177
AND 2152. of the Revised Code, all cases arising under Chapter 11,179
3111. of the Revised Code, all divorce, dissolution of marriage, 11,180
legal separation, and annulment cases, all proceedings involving 11,181
child support, the allocation of parental rights and
responsibilities for the care of children and the designation for 11,182
the children of a place of residence and legal custodian, and 11,183
visitation, and all post-decree proceedings and matters arising 11,184
from those cases and proceedings shall be assigned to that judge 11,185
and the successors to that judge. Except as provided in division 11,186
(Z)(2) of this section and notwithstanding any other provision of 11,187
any section of the Revised Code, on and after February 9, 2003, 11,188
the judge of the court of common pleas of Marion county whose 11,190
term begins on February 9, 1999, and the successors to that 11,191
judge, shall have all the powers relating to the probate division 11,192
of the court of common pleas of Marion county in addition to the 11,193
258
powers previously specified in this division, and shall exercise 11,194
concurrent jurisdiction with the judge of the probate division of 11,195
that court over all matters that are within the jurisdiction of 11,196
the probate division of that court under Chapter 2101., and other 11,197
provisions, of the Revised Code in addition to the jurisdiction 11,198
of the domestic relations-juvenile-probate division of that court 11,199
otherwise specified in division (Z)(1) of this section. 11,200
(2) The judge of the domestic relations-juvenile-probate 11,202
division of the court of common pleas of Marion county or the 11,203
judge of the probate division of the court of common pleas of 11,204
Marion county, whichever of those judges is senior in total 11,206
length of service on the court of common pleas of Marion county, 11,207
regardless of the division or divisions of service, shall serve 11,208
as the clerk of the probate division of the court of common pleas 11,209
of Marion county.
(3) On and after February 9, 2003, all references in law 11,212
to "the probate court," "the probate judge," "the juvenile
court," or "the judge of the juvenile court" shall be construed, 11,213
with respect to Marion county, as being references to both "the 11,215
probate division" and "the domestic relations-juvenile-probate
division" and as being references to both "the judge of the 11,216
probate division" and "the judge of the domestic relations- 11,217
juvenile-probate division." On and after February 9, 2003, all 11,218
references in law to "the clerk of the probate court" shall be 11,219
construed, with respect to Marion county, as being references to 11,220
the judge who is serving pursuant to division (Z)(2) of this 11,221
section as the clerk of the probate division of the court of 11,222
common pleas of Marion county.
(AA) If a judge of the court of common pleas, division of 11,224
domestic relations, or juvenile judge, of any of the counties 11,225
mentioned in this section is sick, absent, or unable to perform 11,226
that judge's judicial duties or the volume of cases pending in 11,228
the judge's division necessitates it, the duties of that judge 11,229
shall be performed by another judge of the court of common pleas 11,230
259
of that county, assigned for that purpose by the presiding judge 11,231
of the court of common pleas of that county to act in place of or 11,232
in conjunction with that judge, as the case may require. 11,233
Sec. 2301.31. (A) If a person on parole is in the custody 11,242
of a county department of probation provided for in division (A) 11,243
of section 2301.27 of the Revised Code, any probation officer of 11,244
that department may arrest the person without a warrant for any 11,245
violation of any condition of parole, as defined in section 11,246
2967.01 of the Revised Code, or of any rule governing persons on 11,247
parole. If a person on parole is in the custody of a county 11,248
department of probation provided for in division (A) of section 11,249
2301.27 of the Revised Code, any probation officer or peace 11,250
officer shall arrest the person without a warrant for any 11,251
violation of any condition of parole or any rule governing 11,252
persons on parole upon the written order of the chief probation 11,253
officer of that department. Any peace officer may arrest the 11,254
person without a warrant, in accordance with section 2941.46 of 11,255
the Revised Code, if the peace officer has reasonable ground to 11,256
believe that the person has violated or is violating any of the 11,257
following that is a condition of his THE PERSON'S parole: 11,258
(1) A condition that prohibits his ownership, possession, 11,260
or use of a firearm, deadly weapon, ammunition, or dangerous 11,261
ordnance; 11,262
(2) A condition that prohibits him THE PERSON from being 11,264
within a specified structure or geographic area; 11,266
(3) A condition that confines him THE PERSON to a 11,268
residence, facility, or other structure; 11,269
(4) A condition that prohibits him THE PERSON from 11,271
contacting or communicating with any specified individual; 11,273
(5) A condition that prohibits him THE PERSON from 11,275
associating with a specified individual. 11,277
(B) A person who is arrested as provided in this section 11,279
may be confined in the jail or juvenile detention home FACILITY, 11,280
as the case may be, of the county in which he THE PERSON is 11,281
260
arrested, until released or removed to the proper institution. 11,282
Upon making an arrest under this section, the arresting probation 11,283
officer or peace officer or his THE ARRESTING OFFICER'S 11,284
department or agency promptly shall notify the chief probation 11,286
officer of the county department of probation with custody of the 11,287
person or the chief probation officer's designee that the person 11,288
has been arrested.
Upon the written order of the chief probation officer of 11,290
the county department with custody of the person, the person may 11,291
be released on parole or reimprisoned or recommitted to the 11,292
proper institution. An appeal from an order of reimprisonment or 11,293
recommitment may be taken to the adult parole authority created 11,294
by section 5149.02 of the Revised Code, and the decision of the 11,295
authority on the appeal shall be final. The manner of taking an 11,296
appeal of that nature and the disposition of the appellant 11,297
pending the making and determination of the appeal shall be 11,298
governed by the rules and orders of the adult parole authority. 11,299
(C) Nothing in this section limits the powers of arrest 11,301
granted to certain law enforcement officers and citizens under 11,302
sections 2935.03 and 2935.04 of the Revised Code. 11,303
(D) As used in this section: 11,305
(1) "Peace officer" has the same meaning as in section 11,307
2935.01 of the Revised Code. 11,308
(2) "Firearm," "deadly weapon," and "dangerous ordnance" 11,310
have the same meanings as in section 2923.11 of the Revised Code. 11,311
Sec. 2701.03. (A) If a judge of the court of common pleas 11,321
allegedly is interested in a proceeding pending before the court, 11,322
allegedly is related to or has a bias or prejudice for or against 11,323
a party to a proceeding pending before the court or a party's 11,325
counsel, or allegedly otherwise is disqualified to preside in a 11,326
proceeding pending before the court, any party to the proceeding 11,327
or the party's counsel may file an affidavit of disqualification 11,328
with the clerk of the supreme court in accordance with division 11,329
(B) of this section. 11,330
261
(B) An affidavit of disqualification filed under section 11,333
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 11,334
less than seven calendar days before the day on which the next 11,335
hearing in the proceeding is scheduled and shall include all of 11,336
the following:
(1) The specific allegations on which the claim of 11,338
interest, bias, prejudice, or disqualification is based and the 11,339
facts to support each of those allegations or, in relation to an 11,340
affidavit filed against a judge of a court of appeals, a specific 11,341
allegation that the judge presided in the lower court in the same 11,342
proceeding and the facts to support that allegation;
(2) The jurat of a notary public or another person 11,344
authorized to administer oaths or affirmations; 11,345
(3) A certificate indicating that a copy of the affidavit 11,347
has been served on the probate judge, judge of a court of 11,348
appeals, or judge of a court of common pleas against whom the 11,349
affidavit is filed and on all other parties or their counsel; 11,350
(4) The date of the next scheduled hearing in the 11,352
proceeding or, if there is no hearing scheduled, a statement that 11,353
there is no hearing scheduled.
(C)(1) Except as provided in division (C)(2) of this 11,356
section, when an affidavit of disqualification is presented to 11,357
the clerk of the supreme court for filing under division (B) of 11,358
this section, all of the following apply:
(a) The clerk of the supreme court shall accept the 11,361
affidavit for filing and shall forward the affidavit to the chief 11,362
justice of the supreme court. 11,363
(b) The supreme court shall send notice of the filing of 11,366
the affidavit to the probate court served by the judge if the
affidavit is filed against a probate court judge, to the clerk of 11,367
the court of appeals served by the judge if the affidavit is 11,368
filed against a judge of a court of appeals, or to the clerk of 11,369
the court of common pleas served by the judge if the affidavit is 11,370
262
filed against a judge of a court of common pleas. 11,371
(c) Upon receipt of the notice under division (C)(1)(b) of 11,374
this section, the probate court, the clerk of the court of 11,375
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 11,376
probate court, the docket of the court of appeals, or the docket 11,377
in the proceeding in the court of common pleas. 11,378
(2) The clerk of the supreme court shall not accept an 11,381
affidavit of disqualification presented for filing under division
(B) of this section if it is not timely presented for filing or 11,383
does not satisfy the requirements of divisions (B)(2), (3), and 11,384
(4) of this section.
(D)(1) Except as provided in divisions (D)(2) to (4) of 11,387
this section, if the clerk of the supreme court accepts an 11,388
affidavit of disqualification for filing under divisions (B) and 11,389
(C) of this section, the affidavit deprives the judge against 11,390
whom the affidavit was filed of any authority to preside in the 11,391
proceeding until the chief justice of the supreme court, or a
justice of the supreme court designated by the chief justice, 11,392
rules on the affidavit pursuant to division (E) of this section. 11,393
(2) A judge against whom an affidavit of disqualification 11,395
has been filed under divisions (B) and (C) of this section may do 11,396
any of the following that is applicable: 11,397
(a) If, based on the scheduled hearing date, the affidavit 11,399
was not timely filed, the judge may preside in the proceeding. 11,400
(b) If the proceeding is a domestic relations proceeding, 11,402
the judge may issue any temporary order relating to spousal 11,403
support pendente lite and the support, maintenance, and 11,404
allocation of parental rights and responsibilities for the care 11,405
of children.
(c) If the proceeding pertains to a complaint brought 11,407
pursuant to Chapter 2151. OR 2152. of the Revised Code, the judge 11,409
may issue any temporary order pertaining to the relation and
conduct of any other person toward a child who is the subject of 11,410
263
a complaint as the interest and welfare of the child may require. 11,411
(3) A judge against whom an affidavit of disqualification 11,413
has been filed under divisions (B) and (C) of this section may 11,414
determine a matter that does not affect a substantive right of 11,415
any of the parties.
(4) If the clerk of the supreme court accepts an affidavit 11,417
of disqualification for filing under divisions (B) and (C) of 11,419
this section, if the chief justice of the supreme court, or a
justice of the supreme court designated by the chief justice, 11,420
denies the affidavit of disqualification pursuant to division (E) 11,421
of this section, and if, after the denial, a second or subsequent 11,422
affidavit of disqualification regarding the same judge and the 11,423
same proceeding is filed by the same party who filed or on whose 11,424
behalf was filed the affidavit that was denied or by counsel for 11,425
the same party who filed or on whose behalf was filed the 11,426
affidavit that was denied, the judge against whom the second or
subsequent affidavit is filed may preside in the proceeding prior 11,427
to the ruling of the chief justice of the supreme court, or a 11,428
justice designated by the chief justice, on the second or 11,429
subsequent affidavit.
(E) If the clerk of the supreme court accepts an affidavit 11,432
of disqualification for filing under divisions (B) and (C) of 11,434
this section and if the chief justice of the supreme court, or
any justice of the supreme court designated by the chief justice, 11,435
determines that the interest, bias, prejudice, or 11,436
disqualification alleged in the affidavit does not exist, the 11,437
chief justice or the designated justice shall issue an entry
denying the affidavit of disqualification. If the chief justice 11,439
of the supreme court, or any justice of the supreme court 11,440
designated by the chief justice, determines that the interest, 11,441
bias, prejudice, or disqualification alleged in the affidavit 11,442
exists, the chief justice or the designated justice shall issue 11,444
an entry that disqualifies that judge from presiding in the
proceeding and either order that the proceeding be assigned to 11,445
264
another judge of the court of which the disqualified judge is a 11,446
member, to a judge of another court, or to a retired judge. 11,447
Sec. 2744.01. As used in this chapter: 11,456
(A) "Emergency call" means a call to duty, including, but 11,458
not limited to, communications from citizens, police dispatches, 11,459
and personal observations by peace officers of inherently 11,460
dangerous situations that demand an immediate response on the 11,461
part of a peace officer. 11,462
(B) "Employee" means an officer, agent, employee, or 11,464
servant, whether or not compensated or full-time or part-time, 11,465
who is authorized to act and is acting within the scope of the 11,467
officer's, agent's, employee's, or servant's employment for a 11,468
political subdivision. "Employee" does not include an 11,469
independent contractor and does not include any individual 11,470
engaged by a school district pursuant to section 3319.301 of the 11,471
Revised Code. "Employee" includes any elected or appointed 11,472
official of a political subdivision. "Employee" also includes a 11,473
person who has been convicted of or pleaded guilty to a criminal 11,474
offense and who has been sentenced to perform community service 11,475
work in a political subdivision whether pursuant to section 11,476
2951.02 of the Revised Code or otherwise, and a child who is 11,477
found to be a delinquent child and who is ordered by a juvenile 11,478
court pursuant to section 2151.355 2152.19 OR 2152.20 of the 11,479
Revised Code to perform community service or community work in a 11,480
political subdivision. 11,481
(C)(1) "Governmental function" means a function of a 11,483
political subdivision that is specified in division (C)(2) of 11,484
this section or that satisfies any of the following: 11,485
(a) A function that is imposed upon the state as an 11,487
obligation of sovereignty and that is performed by a political 11,488
subdivision voluntarily or pursuant to legislative requirement; 11,489
(b) A function that is for the common good of all citizens 11,491
of the state; 11,492
(c) A function that promotes or preserves the public 11,494
265
peace, health, safety, or welfare; that involves activities that 11,495
are not engaged in or not customarily engaged in by 11,496
nongovernmental persons; and that is not specified in division 11,497
(G)(2) of this section as a proprietary function. 11,498
(2) A "governmental function" includes, but is not limited 11,500
to, the following: 11,501
(a) The provision or nonprovision of police, fire, 11,503
emergency medical, ambulance, and rescue services or protection; 11,504
(b) The power to preserve the peace; to prevent and 11,506
suppress riots, disturbances, and disorderly assemblages; to 11,507
prevent, mitigate, and clean up releases of oil and hazardous and 11,508
extremely hazardous substances as defined in section 3750.01 of 11,509
the Revised Code; and to protect persons and property; 11,510
(c) The provision of a system of public education; 11,512
(d) The provision of a free public library system; 11,514
(e) The regulation of the use of, and the maintenance and 11,516
repair of, roads, highways, streets, avenues, alleys, sidewalks, 11,517
bridges, aqueducts, viaducts, and public grounds; 11,518
(f) Judicial, quasi-judicial, prosecutorial, legislative, 11,520
and quasi-legislative functions; 11,521
(g) The construction, reconstruction, repair, renovation, 11,523
maintenance, and operation of buildings that are used in 11,524
connection with the performance of a governmental function, 11,525
including, but not limited to, office buildings and courthouses; 11,526
(h) The design, construction, reconstruction, renovation, 11,528
repair, maintenance, and operation of jails, places of juvenile 11,529
detention, workhouses, or any other detention facility, as 11,530
defined in section 2921.01 of the Revised Code; 11,531
(i) The enforcement or nonperformance of any law; 11,533
(j) The regulation of traffic, and the erection or 11,535
nonerection of traffic signs, signals, or control devices; 11,536
(k) The collection and disposal of solid wastes, as 11,538
defined in section 3734.01 of the Revised Code, including, but 11,539
not limited to, the operation of solid waste disposal facilities, 11,540
266
as "facilities" is defined in that section, and the collection 11,541
and management of hazardous waste generated by households. As 11,542
used in division (C)(2)(k) of this section, "hazardous waste 11,543
generated by households" means solid waste originally generated 11,544
by individual households that is listed specifically as hazardous 11,545
waste in or exhibits one or more characteristics of hazardous 11,546
waste as defined by rules adopted under section 3734.12 of the 11,547
Revised Code, but that is excluded from regulation as a hazardous 11,548
waste by those rules. 11,549
(l) The provision or nonprovision, planning or design, 11,551
construction, or reconstruction of a public improvement, 11,552
including, but not limited to, a sewer system; 11,553
(m) The operation of a human services department or 11,555
agency, including, but not limited to, the provision of 11,556
assistance to aged and infirm persons and to persons who are 11,557
indigent; 11,558
(n) The operation of a health board, department, or 11,560
agency, including, but not limited to, any statutorily required 11,561
or permissive program for the provision of immunizations or other 11,562
inoculations to all or some members of the public, provided that 11,563
a "governmental function" does not include the supply, 11,564
manufacture, distribution, or development of any drug or vaccine 11,565
employed in any such immunization or inoculation program by any 11,566
supplier, manufacturer, distributor, or developer of the drug or 11,567
vaccine; 11,568
(o) The operation of mental health facilities, mental 11,570
retardation or developmental disabilities facilities, alcohol 11,571
treatment and control centers, and children's homes or agencies; 11,572
(p) The provision or nonprovision of inspection services 11,574
of all types, including, but not limited to, inspections in 11,575
connection with building, zoning, sanitation, fire, plumbing, and 11,576
electrical codes, and the taking of actions in connection with 11,577
those types of codes, including, but not limited to, the approval 11,578
of plans for the construction of buildings or structures and the 11,579
267
issuance or revocation of building permits or stop work orders in 11,580
connection with buildings or structures; 11,581
(q) Urban renewal projects and the elimination of slum 11,583
conditions; 11,584
(r) Flood control measures; 11,586
(s) The design, construction, reconstruction, renovation, 11,588
operation, care, repair, and maintenance of a township cemetery; 11,589
(t) The issuance of revenue obligations under section 11,591
140.06 of the Revised Code; 11,592
(u) The design, construction, reconstruction, renovation, 11,594
repair, maintenance, and operation of any park, playground, 11,595
playfield, indoor recreational facility, zoo, zoological park, 11,596
bath, swimming pool, pond, water park, wading pool, wave pool, 11,597
water slide, and other type of aquatic facility, or golf course; 11,599
(v) The provision of public defender services by a county 11,601
or joint county public defender's office pursuant to Chapter 120. 11,602
of the Revised Code; 11,603
(w) A function that the general assembly mandates a 11,605
political subdivision to perform. 11,606
(D) "Law" means any provision of the constitution, 11,608
statutes, or rules of the United States or of this state; 11,609
provisions of charters, ordinances, resolutions, and rules of 11,610
political subdivisions; and written policies adopted by boards of 11,611
education. When used in connection with the "common law," this 11,612
definition does not apply. 11,613
(E) "Motor vehicle" has the same meaning as in section 11,615
4511.01 of the Revised Code. 11,616
(F) "Political subdivision" or "subdivision" means a 11,618
municipal corporation, township, county, school district, or 11,619
other body corporate and politic responsible for governmental 11,620
activities in a geographic area smaller than that of the state. 11,621
"Political subdivision" includes, but is not limited to, a county 11,622
hospital commission appointed under section 339.14 of the Revised 11,623
Code, regional planning commission created pursuant to section 11,624
268
713.21 of the Revised Code, county planning commission created 11,625
pursuant to section 713.22 of the Revised Code, joint planning 11,626
council created pursuant to section 713.231 of the Revised Code, 11,627
interstate regional planning commission created pursuant to 11,628
section 713.30 of the Revised Code, port authority created 11,629
pursuant to section 4582.02 or 4582.26 of the Revised Code or in 11,630
existence on December 16, 1964, regional council established by 11,631
political subdivisions pursuant to Chapter 167. of the Revised 11,632
Code, emergency planning district and joint emergency planning 11,633
district designated under section 3750.03 of the Revised Code, 11,634
joint emergency medical services district created pursuant to 11,635
section 307.052 of the Revised Code, fire and ambulance district 11,636
created pursuant to section 505.375 of the Revised Code, joint 11,638
interstate emergency planning district established by an 11,640
agreement entered into under that section, county solid waste
management district and joint solid waste management district 11,641
established under section 343.01 or 343.012 of the Revised Code, 11,642
and community school established under Chapter 3314. of the 11,643
Revised Code.
(G)(1) "Proprietary function" means a function of a 11,645
political subdivision that is specified in division (G)(2) of 11,646
this section or that satisfies both of the following: 11,647
(a) The function is not one described in division 11,649
(C)(1)(a) or (b) of this section and is not one specified in 11,650
division (C)(2) of this section; 11,651
(b) The function is one that promotes or preserves the 11,653
public peace, health, safety, or welfare and that involves 11,654
activities that are customarily engaged in by nongovernmental 11,655
persons. 11,656
(2) A "proprietary function" includes, but is not limited 11,658
to, the following: 11,659
(a) The operation of a hospital by one or more political 11,661
subdivisions; 11,662
(b) The design, construction, reconstruction, renovation, 11,664
269
repair, maintenance, and operation of a public cemetery other 11,665
than a township cemetery; 11,666
(c) The establishment, maintenance, and operation of a 11,668
utility, including, but not limited to, a light, gas, power, or 11,669
heat plant, a railroad, a busline or other transit company, an 11,670
airport, and a municipal corporation water supply system; 11,671
(d) The maintenance, destruction, operation, and upkeep of 11,673
a sewer system; 11,674
(e) The operation and control of a public stadium, 11,676
auditorium, civic or social center, exhibition hall, arts and 11,677
crafts center, band or orchestra, or off-street parking facility. 11,678
(H) "Public roads" means public roads, highways, streets, 11,680
avenues, alleys, and bridges within a political subdivision. 11,681
"Public roads" does not include berms, shoulders, rights-of-way, 11,682
or traffic control devices unless the traffic control devices are 11,685
mandated by the Ohio manual of uniform traffic control devices. 11,686
(I) "State" means the state of Ohio, including, but not 11,688
limited to, the general assembly, the supreme court, the offices 11,689
of all elected state officers, and all departments, boards, 11,690
offices, commissions, agencies, colleges and universities, 11,691
institutions, and other instrumentalities of the state of Ohio. 11,692
"State" does not include political subdivisions. 11,693
Sec. 2744.03. (A) In a civil action brought against a 11,702
political subdivision or an employee of a political subdivision 11,703
to recover damages for injury, death, or loss to persons or 11,704
property allegedly caused by any act or omission in connection 11,705
with a governmental or proprietary function, the following 11,706
defenses or immunities may be asserted to establish nonliability: 11,707
(1) The political subdivision is immune from liability if 11,709
the employee involved was engaged in the performance of a 11,710
judicial, quasi-judicial, prosecutorial, legislative, or 11,711
quasi-legislative function. 11,712
(2) The political subdivision is immune from liability if 11,714
the conduct of the employee involved, other than negligent 11,715
270
conduct, that gave rise to the claim of liability was required by 11,716
law or authorized by law, or if the conduct of the employee 11,717
involved that gave rise to the claim of liability was necessary 11,718
or essential to the exercise of powers of the political 11,719
subdivision or employee. 11,720
(3) The political subdivision is immune from liability if 11,722
the action or failure to act by the employee involved that gave 11,723
rise to the claim of liability was within the discretion of the 11,724
employee with respect to policy-making, planning, or enforcement 11,725
powers by virtue of the duties and responsibilities of the office 11,726
or position of the employee. 11,727
(4) The political subdivision is immune from liability if 11,729
the action or failure to act by the political subdivision or 11,730
employee involved that gave rise to the claim of liability 11,731
resulted in injury or death to a person who had been convicted of 11,732
or pleaded guilty to a criminal offense and who, at the time of 11,733
the injury or death, was serving any portion of the person's 11,734
sentence by performing community service work for or in the 11,736
political subdivision whether pursuant to section 2951.02 of the 11,737
Revised Code or otherwise, or resulted in injury or death to a 11,738
child who was found to be a delinquent child and who, at the time 11,739
of the injury or death, was performing community service or 11,740
community work for or in a political subdivision in accordance 11,741
with the order of a juvenile court entered pursuant to section 11,742
2151.355 2152.19 OR 2152.20 of the Revised Code, and if, at the 11,744
time of the person's or child's injury or death, the person or 11,747
child was covered for purposes of Chapter 4123. of the Revised 11,748
Code in connection with the community service or community work 11,749
for or in the political subdivision.
(5) The political subdivision is immune from liability if 11,751
the injury, death, or loss to persons or property resulted from 11,752
the exercise of judgment or discretion in determining whether to 11,753
acquire, or how to use, equipment, supplies, materials, 11,754
personnel, facilities, and other resources unless the judgment or 11,756
271
discretion was exercised with malicious purpose, in bad faith, or 11,757
in a wanton or reckless manner.
(6) In addition to any immunity or defense referred to in 11,759
division (A)(7) of this section and in circumstances not covered 11,760
by that division or sections 3314.07 and 3746.24 of the Revised 11,762
Code, the employee is immune from liability unless one of the 11,764
following applies:
(a) The employee's acts or omissions were manifestly 11,766
outside the scope of the employee's employment or official 11,767
responsibilities; 11,768
(b) The employee's acts or omissions were with malicious 11,770
purpose, in bad faith, or in a wanton or reckless manner; 11,771
(c) Liability is expressly imposed upon the employee by a 11,773
section of the Revised Code. Liability shall not be construed to 11,774
exist under another section of the Revised Code merely because 11,775
that section imposes a responsibility or mandatory duty upon an 11,776
employee, because of a general authorization in that section that 11,777
an employee may sue and be sued, or because the section uses the 11,778
term "shall" in a provision pertaining to an employee.
(7) The political subdivision, and an employee who is a 11,780
county prosecuting attorney, city director of law, village 11,781
solicitor, or similar chief legal officer of a political 11,782
subdivision, an assistant of any such person, or a judge of a 11,783
court of this state is entitled to any defense or immunity 11,784
available at common law or established by the Revised Code. 11,785
(B) Any immunity or defense conferred upon, or referred to 11,787
in connection with, an employee by division (A)(6) or (7) of this 11,788
section does not affect or limit any liability of a political 11,789
subdivision for an act or omission of the employee as provided in 11,790
section 2744.02 of the Revised Code. 11,791
Sec. 2919.24. (A) No person, INCLUDING A PARENT, 11,800
GUARDIAN, OR OTHER CUSTODIAN OF A CHILD, shall do either of the 11,801
following: 11,802
(1) Aid, abet, induce, cause, encourage, or contribute to 11,804
272
a child or a ward of the juvenile court becoming an unruly child, 11,805
as defined in section 2151.022 of the Revised Code, or a 11,806
delinquent child, as defined in section 2151.02 2152.02 of the 11,807
Revised Code; 11,809
(2) Act in a way tending to cause a child or a ward of the 11,811
juvenile court to become an unruly child, as defined in section 11,812
2151.022 of the Revised Code, or a delinquent child, as defined 11,813
in section 2151.02 2152.02 of the Revised Code. 11,814
(B) Whoever violates this section is guilty of 11,816
contributing to the unruliness or delinquency of a child, a 11,817
misdemeanor of the first degree. Each day of violation of this 11,818
section is a separate offense. 11,819
Sec. 2921.32. (A) No person, with purpose to hinder the 11,828
discovery, apprehension, prosecution, conviction, or punishment 11,829
of another for crime or to assist another to benefit from the 11,830
commission of a crime, and no person, with purpose to hinder the 11,831
discovery, apprehension, prosecution, adjudication as a 11,832
delinquent child, or disposition of a child for an act that if 11,833
committed by an adult would be a crime or to assist a child to 11,834
benefit from the commission of an act that if committed by an 11,835
adult would be a crime, shall do any of the following:
(1) Harbor or conceal the other person or child; 11,837
(2) Provide the other person or child with money, 11,839
transportation, a weapon, a disguise, or other means of avoiding 11,840
discovery or apprehension; 11,841
(3) Warn the other person or child of impending discovery 11,843
or apprehension; 11,844
(4) Destroy or conceal physical evidence of the crime or 11,846
act, or induce any person to withhold testimony or information or 11,847
to elude legal process summoning the person to testify or supply 11,848
evidence; 11,849
(5) Communicate false information to any person. 11,851
(B)(1) Whoever violates this section is guilty of 11,853
obstructing justice.
273
(2) If the crime committed by the person aided is a 11,855
misdemeanor or if the act committed by the child aided would be a 11,856
misdemeanor if committed by an adult, obstructing justice is a 11,857
misdemeanor of the same degree as the crime committed by the 11,859
person aided or a misdemeanor of the same degree that the act 11,860
committed by the child aided would be if committed by an adult. 11,861
(3) Except as otherwise provided in division (B)(4) of 11,863
this section, if the crime committed by the person aided is a 11,864
felony or if the act committed by the child aided would be a 11,865
felony if committed by an adult, obstructing justice is a felony 11,867
of the fifth degree.
(4) If the crime committed by the person aided is 11,869
aggravated murder, murder, or a felony of the first or second 11,870
degree or if the act committed by the child aided would be one of 11,871
those offenses if committed by an adult and if the offender knows 11,872
or has reason to believe that the crime committed by the person 11,873
aided is one of those offenses or that the act committed by the 11,874
child aided would be one of those offenses if committed by an 11,875
adult, obstructing justice is a felony of the third degree. 11,876
(C) As used in this section: 11,878
(1) "Adult" and "child" have the same meanings as in 11,880
section 2151.011 of the Revised Code. 11,881
(2) "Delinquent child" has the same meaning as in section 11,883
2151.02 2152.02 of the Revised Code. 11,884
Sec. 2923.211. (A) No person under eighteen years of age 11,894
shall purchase or attempt to purchase a firearm.
(B) No person under twenty-one years of age shall purchase 11,897
or attempt to purchase a handgun, provided that this division 11,898
does not apply to the purchase or attempted purchase of a handgun 11,899
by a person eighteen years of age or older and under twenty-one 11,900
years of age if the person eighteen years of age or older and 11,901
under twenty-one years of age is a law enforcement officer who is 11,902
properly appointed or employed as a law enforcement officer and 11,903
has received firearms training approved by the Ohio peace officer 11,904
274
training council or equivalent firearms training. 11,905
(C) Whoever violates division (A) of this section is 11,908
guilty of underage purchase of a firearm, is a delinquent child, 11,909
and is subject to an order of disposition as provided in section 11,911
2151.355 of the Revised Code ACT THAT WOULD BE A FELONY OF THE 11,912
FOURTH DEGREE IF IT COULD BE COMMITTED BY AN ADULT. Whoever
violates division (B) of this section is guilty of underage 11,914
purchase of a handgun, a misdemeanor of the second degree. 11,915
Sec. 2923.32. (A)(1) No person employed by, or associated 11,924
with, any enterprise shall conduct or participate in, directly or 11,925
indirectly, the affairs of the enterprise through a pattern of 11,926
corrupt activity or the collection of an unlawful debt. 11,927
(2) No person, through a pattern of corrupt activity or 11,929
the collection of an unlawful debt, shall acquire or maintain, 11,930
directly or indirectly, any interest in, or control of, any 11,931
enterprise or real property. 11,932
(3) No person, who knowingly has received any proceeds 11,934
derived, directly or indirectly, from a pattern of corrupt 11,935
activity or the collection of any unlawful debt, shall use or 11,936
invest, directly or indirectly, any part of those proceeds, or 11,937
any proceeds derived from the use or investment of any of those 11,938
proceeds, in the acquisition of any title to, or any right, 11,939
interest, or equity in, real property or in the establishment or 11,940
operation of any enterprise. 11,941
A purchase of securities on the open market with intent to 11,943
make an investment, without intent to control or participate in 11,944
the control of the issuer, and without intent to assist another 11,945
to do so is not a violation of this division, if the securities 11,946
of the issuer held after the purchase by the purchaser, the 11,947
members of the purchaser's immediate family, and the purchaser's 11,949
or the immediate family members' accomplices in any pattern of 11,951
corrupt activity or the collection of an unlawful debt do not 11,952
aggregate one per cent of the outstanding securities of any one 11,953
class of the issuer and do not confer, in law or in fact, the 11,954
275
power to elect one or more directors of the issuer.
(B)(1) Whoever violates this section is guilty of engaging 11,956
in a pattern of corrupt activity. Except as otherwise provided 11,958
in this division, engaging in corrupt activity is a felony of the 11,959
second degree. If at least one of the incidents of corrupt
activity is a felony of the first, second, or third degree, 11,960
aggravated murder, or murder, if at least one of the incidents 11,961
was a felony under the law of this state that was committed prior 11,962
to the effective date of this amendment and that would constitute 11,963
a felony of the first, second, or third degree, aggravated 11,964
murder, or murder if committed on or after the effective date of 11,965
this amendment, or if at least one of the incidents of corrupt 11,966
activity is a felony under the law of the United States or of 11,968
another state that, if committed in this state on or after the 11,969
effective date of this amendment, would constitute a felony of 11,970
the first, second, or third degree, aggravated murder, or murder 11,971
under the law of this state, engaging in a pattern of corrupt 11,972
activity is a felony of the first degree. Notwithstanding any 11,973
other provision of law, a person may be convicted of violating 11,974
the provisions of this section as well as of a conspiracy to 11,975
violate one or more of those provisions under section 2923.01 of 11,976
the Revised Code.
(2) Notwithstanding the financial sanctions authorized by 11,979
section 2929.18 of the Revised Code, the court may do all of the 11,980
following with respect to any person who derives pecuniary value 11,981
or causes property damage, personal injury other than pain and 11,982
suffering, or other loss through or by the violation of this 11,983
section:
(a) In lieu of the fine authorized by that section, impose 11,986
a fine not exceeding the greater of three times the gross value 11,987
gained or three times the gross loss caused and order the clerk 11,988
of the court to pay the fine into the corrupt activity 11,989
investigation and prosecution fund created in section 2923.35 of 11,990
the Revised Code;
276
(b) In addition to the fine described in division 11,992
(B)(2)(a) of this section and the financial sanctions authorized 11,994
by section 2929.18 of the Revised Code, order the person to pay
court costs; 11,995
(c) In addition to the fine described in division 11,997
(B)(2)(a) of this section and the financial sanctions authorized 11,999
by section 2929.18 of the Revised Code, order the person to pay
to the state, municipal, or county law enforcement agencies that 12,000
handled the investigation and prosecution the costs of 12,001
investigation and prosecution that are reasonably incurred. 12,002
The court shall hold a hearing to determine the amount of 12,004
fine, court costs, and other costs to be imposed under this 12,005
division. 12,006
(3) In addition to any other penalty or disposition 12,008
authorized or required by law, the court shall order any person 12,009
who is convicted of or pleads guilty to a violation of this 12,010
section or who is adjudicated delinquent by reason of a violation 12,011
of this section to criminally forfeit to the state any personal 12,012
or real property in which the person has an interest and that was 12,014
used in the course of or intended for use in the course of a 12,015
violation of this section, or that was derived from or realized 12,016
through conduct in violation of this section, including any 12,017
property constituting an interest in, means of control over, or 12,018
influence over the enterprise involved in the violation and any 12,019
property constituting proceeds derived from the violation, 12,020
including all of the following: 12,021
(a) Any position, office, appointment, tenure, commission, 12,023
or employment contract of any kind acquired or maintained by the 12,024
person in violation of this section, through which the person, in 12,026
violation of this section, conducted or participated in the 12,027
conduct of an enterprise, or that afforded the person a source of 12,029
influence or control over an enterprise that the person exercised 12,030
in violation of this section;
(b) Any compensation, right, or benefit derived from a 12,032
277
position, office, appointment, tenure, commission, or employment 12,033
contract described in division (B)(3)(a) of this section that 12,034
accrued to the person in violation of this section during the 12,036
period of the pattern of corrupt activity;
(c) Any interest in, security of, claim against, or 12,038
property or contractual right affording the person a source of 12,040
influence or control over the affairs of an enterprise that the
person exercised in violation of this section; 12,041
(d) Any amount payable or paid under any contract for 12,043
goods or services that was awarded or performed in violation of 12,044
this section. 12,045
(4)(a) A sentence or disposition of criminal forfeiture 12,047
pursuant to division (B)(3) of this section shall not be entered 12,048
unless either of the following applies: 12,049
(i) The indictment, count in the indictment, or 12,051
information charging the offense, or the complaint, INDICTMENT, 12,052
OR INFORMATION filed in juvenile court charging the violation as 12,053
a delinquent act alleges the extent of the property subject to 12,055
forfeiture;
(ii) The criminal sentence or delinquency disposition 12,057
requires the forfeiture of property that was not reasonably 12,058
foreseen to be subject to forfeiture at the time of the 12,059
indictment, count in the indictment, or information charging the 12,060
offense, or the complaint, INDICTMENT, OR INFORMATION filed in 12,061
juvenile court charging the violation as a delinquent act, 12,063
provided that the prosecuting attorney gave prompt notice to the 12,064
defendant or the alleged or adjudicated delinquent child of such 12,065
property not reasonably foreseen to be subject to forfeiture when 12,066
it is discovered to be forfeitable. 12,067
(b) A special verdict shall be returned as to the extent 12,069
of the property, if any, subject to forfeiture. When the special 12,070
verdict is returned, a judgment of forfeiture shall be entered. 12,071
(5) If any property included in a special verdict of 12,073
forfeiture returned pursuant to division (B)(4) of this section 12,074
278
cannot be located, has been sold to a bona fide purchaser for 12,075
value, placed beyond the jurisdiction of the court, substantially 12,076
diminished in value by the conduct of the defendant or 12,077
adjudicated delinquent child, or commingled with other property 12,078
that cannot be divided without difficulty or undue injury to 12,079
innocent persons, or otherwise is unreachable without undue 12,080
injury to innocent persons, the court shall order forfeiture of 12,081
any other reachable property of the defendant or adjudicated 12,082
delinquent child up to the value of the property that is 12,083
unreachable. 12,084
(6) All property ordered forfeited pursuant to this 12,086
section shall be held by the law enforcement agency that seized 12,087
it for distribution or disposal pursuant to section 2923.35 of 12,088
the Revised Code. The agency shall maintain an accurate record 12,089
of each item of property so seized and held, which record shall 12,090
include the date on which each item was seized, the manner and 12,091
date of disposition by the agency, and if applicable, the name of 12,092
the person who received the item; however, the record shall not 12,093
identify or enable the identification of the individual officer 12,094
who seized the property. The record is a public record open for 12,095
inspection under section 149.43 of the Revised Code. Each law 12,096
enforcement agency that seizes and holds in any calendar year any 12,097
item of property that is ordered forfeited pursuant to this 12,098
section shall prepare a report covering the calendar year that 12,099
cumulates all of the information contained in all of the records 12,100
kept by the agency pursuant to this division for that calendar 12,101
year, and shall send the cumulative report, no later than the 12,102
first day of March in the calendar year following the calendar 12,103
year covered by the report, to the attorney general. Each such 12,104
report so received by the attorney general is a public record 12,105
open for inspection under section 149.43 of the Revised Code. 12,106
Not later than the fifteenth day of April in the calendar year in 12,107
which the reports were received, the attorney general shall send 12,108
to the president of the senate and the speaker of the house of 12,109
279
representatives a written notification that does all of the 12,110
following: 12,111
(a) Indicates that the attorney general has received from 12,113
law enforcement agencies reports of the type described in this 12,115
division that cover the previous calendar year and indicates that 12,116
the reports were received under this division;
(b) Indicates that the reports are open for inspection 12,119
under section 149.43 of the Revised Code; 12,120
(c) Indicates that the attorney general will provide a 12,123
copy of any or all of the reports to the president of the senate 12,124
or the speaker of the house of representatives upon request. 12,125
(C) Notwithstanding the notice and procedure prescribed by 12,127
division (E) of this section, an order of criminal forfeiture 12,128
entered under division (B)(3) of this section shall authorize an 12,129
appropriate law enforcement agency to seize the property declared 12,130
forfeited under this section upon the terms and conditions, 12,131
relating to the time and manner of seizure, that the court 12,132
determines proper. 12,133
(D) Criminal penalties under this section are not mutually 12,135
exclusive, unless otherwise provided, and do not preclude the 12,136
application of any other criminal or civil remedy under this or 12,137
any other section of the Revised Code. A disposition of criminal 12,138
forfeiture ordered pursuant to division (B)(3) of this section in 12,139
relation to a child who was adjudicated delinquent by reason of a 12,140
violation of this section does not preclude the application of 12,141
any other order of disposition under section 2151.355 CHAPTER 12,143
2152. of the Revised Code or any other civil remedy under this or 12,144
any other section of the Revised Code. 12,145
(E)(1) Upon the entry of a judgment of forfeiture pursuant 12,147
to division (B)(3) of this section, the court shall cause notice 12,148
of the judgment to be sent by certified mail, return receipt 12,149
requested, to all persons known to have, or appearing to have, an 12,150
interest in the property that was acquired prior to the filing of 12,151
a corrupt activity lien notice or a lis pendens as authorized by 12,152
280
section 2923.36 of the Revised Code. If the notices cannot be 12,153
given to those persons in that manner, the court shall cause 12,154
publication of the notice of the judgment of forfeiture pursuant 12,155
to the Rules of Civil Procedure. 12,156
(2) Within thirty days after receipt of a notice or after 12,158
the date of publication of a notice under division (E)(1) of this 12,159
section, any person, other than the defendant or the adjudicated 12,160
delinquent child, who claims an interest in the property that is 12,161
subject to forfeiture may petition the court for a hearing to 12,162
determine the validity of the claim. The petition shall be 12,163
signed and sworn to by the petitioner and shall set forth the 12,164
nature and extent of the petitioner's interest in the property, 12,165
the date and circumstances of the petitioner's acquisition of the 12,166
interest, any additional allegations supporting the claim, and 12,167
the relief sought. The petitioner shall furnish the prosecuting 12,168
attorney with a copy of the petition. 12,169
(3) The court, to the extent practicable and consistent 12,171
with the interests of justice, shall hold the hearing described 12,172
under division (E)(2) of this section within thirty days from the 12,173
filing of the petition. The court may consolidate the hearings 12,174
on all petitions filed by third party claimants under this 12,175
section. At the hearing, the petitioner may testify and present 12,176
evidence on the petitioner's own behalf and cross-examine 12,177
witnesses. The prosecuting attorney may present evidence and 12,178
witnesses in rebuttal and in defense of the claim of the state to 12,179
the property and cross-examine witnesses. The court, in making 12,180
its determination, shall consider the testimony and evidence 12,181
presented at the hearing and the relevant portions of the record 12,182
of the criminal proceeding that resulted in the judgment of 12,183
forfeiture. 12,184
(4) If at a hearing held under division (E)(3) of this 12,186
section, the court, by a preponderance of the evidence, 12,187
determines either that the petitioner has a legal right, title, 12,188
or interest in the property that, at the time of the commission 12,189
281
of the acts giving rise to the forfeiture of the property, was 12,190
vested in the petitioner and not in the defendant or the 12,191
adjudicated delinquent child or was superior to the right, title, 12,192
or interest of the defendant or the adjudicated delinquent child, 12,193
or that the petitioner is a bona fide purchaser for value of the 12,194
right, title, or interest in the property and was at the time of 12,195
the purchase reasonably without cause to believe that the 12,196
property was subject to forfeiture under this section, it shall 12,197
amend, in accordance with its determination, the judgment of 12,198
forfeiture to protect the rights of innocent persons. 12,199
(F) Except as provided in division (E) of this section, no 12,201
person claiming an interest in property that is subject to 12,202
forfeiture under this section shall do either of the following: 12,203
(1) Intervene in a trial or appeal of a criminal case or a 12,205
delinquency case that involves the forfeiture of the property; 12,206
(2) File an action against the state concerning the 12,208
validity of the person's alleged interest in the property 12,209
subsequent to the filing of the indictment, count in the 12,211
indictment, or information, or the filing of the complaint, 12,212
INDICTMENT, OR INFORMATION in juvenile court, that alleges that 12,214
the property is subject to forfeiture under this section. 12,215
(G) As used in this section, "law enforcement agency" 12,217
includes, but is not limited to, the state board of pharmacy. 12,218
Sec. 2923.33. (A) At any time after an indictment is 12,227
filed alleging a violation of section 2923.32 of the Revised Code 12,228
or a conspiracy to violate that section or after a complaint, 12,229
INDICTMENT OR INFORMATION is filed in juvenile court alleging a 12,230
violation of that section or a conspiracy to violate that section 12,233
as a delinquent act, the prosecuting attorney may file a motion 12,234
requesting the court to issue an order to preserve the 12,235
reachability of any property that may be subject to forfeiture. 12,236
Upon the filing of the motion, the court, after giving notice to 12,237
any person who will be affected by any order issued by the court 12,238
pursuant to the motion, shall hold a hearing on the motion at 12,239
282
which all affected persons have an opportunity to be heard and, 12,240
upon a showing by the prosecuting attorney by a preponderance of 12,241
the evidence that the particular action is necessary to preserve 12,242
the reachability of any property that may be subject to 12,243
forfeiture and based upon the indictment, may enter a restraining 12,244
order or injunction, require the execution of a satisfactory 12,245
performance bond, or take any other necessary action, including 12,246
the appointment of a receiver. The prosecuting attorney is not 12,247
required to show special or irreparable injury to obtain any 12,248
court action pursuant to this division. Notwithstanding the 12,249
Rules of Evidence, the court's order or injunction may be based 12,250
on hearsay testimony.
(B) If no indictment has been filed alleging a violation 12,252
of section 2923.32 of the Revised Code or a conspiracy to violate 12,253
that section and no complaint, INDICTMENT, OR INFORMATION has 12,254
been filed in juvenile court alleging a violation of that section 12,255
or a conspiracy to violate that section as a delinquent act, the 12,257
court may take any action specified in division (A) of this 12,258
section if the prosecuting attorney for the county, in addition 12,259
to the showing that would be required pursuant to division (A) of 12,260
this section, also shows both of the following by a preponderance 12,261
of the evidence:
(1) There is probable cause to believe that the property 12,263
with respect to which the order is sought, in the event of a 12,264
conviction or a delinquency adjudication, would be subject to 12,265
criminal forfeiture under section 2923.32 of the Revised Code; 12,266
(2) The requested order would not result in irreparable 12,268
harm to the party against whom the order is to be entered that 12,269
outweighs the need to preserve the reachability of the property. 12,270
No order entered pursuant to this division shall be 12,272
effective for more than ninety days, unless it is extended 12,273
pursuant to the procedure provided in this division by the court 12,274
for good cause shown or an indictment is returned alleging that 12,275
the property is subject to forfeiture. 12,276
283
(C) Upon application by the prosecuting attorney, the 12,278
court may grant a temporary restraining order to preserve the 12,279
reachability of property subject to criminal forfeiture under 12,280
section 2923.32 of the Revised Code without notice to any party, 12,281
if all of the following occur: 12,282
(1) Either an indictment or a juvenile delinquency 12,284
complaint, INDICTMENT, OR INFORMATION alleging that property is 12,285
subject to criminal forfeiture has been filed, or the court 12,287
determines that there is probable cause to believe that property 12,288
with respect to which the order is sought would be subject, in 12,289
the event of a conviction or a delinquency adjudication, to 12,290
criminal forfeiture;
(2) The property is in the possession or control of the 12,292
party against whom the order is to be entered; 12,293
(3) The court determines that the nature of the property 12,295
is such that it can be concealed, disposed of, or placed beyond 12,296
the jurisdiction of the court before any party may be heard in 12,297
opposition to the order. 12,298
A temporary restraining order granted without notice to any 12,300
party under this division shall expire within the time, not to 12,301
exceed ten days, that the court fixes, unless extended for good 12,302
cause shown or unless the party against whom it is entered 12,303
consents to an extension for a longer period. If a temporary 12,304
restraining order is granted under this division without notice 12,305
to any party, the court shall hold a hearing concerning the entry 12,306
of an order under this division at the earliest practicable time 12,307
prior to the expiration of the temporary order. 12,308
(D) Following sentencing and the entry of a judgment 12,310
against an offender that includes a fine or an order of criminal 12,311
forfeiture, or both, under section 2923.32 of the Revised Code, 12,312
or following the entry of a judgment against a delinquent child 12,313
that includes an order of criminal forfeiture under that section, 12,314
the court may enter a restraining order or injunction, require 12,315
the execution of a satisfactory performance bond, or take any 12,316
284
other action, including the appointment of a receiver, that the 12,317
court determines to be proper to protect the interests of the 12,318
state or an innocent person. 12,319
Sec. 2923.34. (A) The prosecuting attorney of the county 12,328
in which a violation of section 2923.32 of the Revised Code, or a 12,329
conspiracy to violate that section, occurs may institute a civil 12,330
proceeding as authorized by this section in an appropriate court 12,331
seeking relief from any person whose conduct violated section 12,332
2923.32 of the Revised Code or who conspired to violate that 12,333
section. 12,334
(B) Any person who is injured or threatened with injury by 12,336
a violation of section 2923.32 of the Revised Code may institute 12,337
a civil proceeding in an appropriate court seeking relief from 12,338
any person whose conduct violated or allegedly violated section 12,339
2923.32 of the Revised Code or who conspired or allegedly 12,340
conspired to violate that section, except that the pattern of 12,341
corrupt activity alleged by an injured person or person 12,342
threatened with injury shall include at least one incident other 12,343
than a violation of division (A)(1) or (2) of section 1707.042 or 12,344
division (B), (C)(4), (D), (E), or (F) of section 1707.44 of the 12,345
Revised Code, of 18 U.S.C. 1341, 18 U.S.C. 1343, 18 U.S.C. 2314, 12,346
or any other offense involving fraud in the sale of securities. 12,347
(C) If the plaintiff in a civil action instituted pursuant 12,349
to this section proves the violation by a preponderance of the 12,350
evidence, the court, after making due provision for the rights of 12,351
innocent persons, may grant relief by entering any appropriate 12,352
orders to ensure that the violation will not continue or be 12,353
repeated. The orders may include, but are not limited to, orders 12,354
that: 12,355
(1) Require any defendant in the action to divest himself 12,357
of any THE DIVESTITURE OF THE DEFENDANT'S interest in any 12,358
enterprise or in any real property; 12,359
(2) Impose reasonable restrictions upon the future 12,361
activities or investments of any defendant in the action, 12,362
285
including, but not limited to, restrictions that prohibit the 12,363
defendant from engaging in the same type of endeavor as the 12,364
enterprise in which he THE DEFENDANT was engaged in violation of 12,365
section 2923.32 of the Revised Code; 12,366
(3) Order the dissolution or reorganization of any 12,368
enterprise; 12,369
(4) Order the suspension or revocation of a license, 12,371
permit, or prior approval granted to any enterprise by any 12,372
department or agency of the state; 12,373
(5) Order the dissolution of a corporation organized under 12,375
the laws of this state, or the revocation of the authorization of 12,376
a foreign corporation to conduct business within this state, upon 12,377
a finding that the board of directors or an agent acting on 12,378
behalf of the corporation, in conducting the affairs of the 12,379
corporation, has authorized or engaged in conduct in violation of 12,380
section 2923.32 of the Revised Code, and that, for the prevention 12,381
of future criminal conduct, the public interest requires the 12,382
corporation to be dissolved or its license revoked. 12,383
(D) Relief pursuant to division (C)(3), (4), or (5) of 12,385
this section shall not be granted in any civil proceeding 12,386
instituted by an injured person unless the attorney general 12,387
intervenes in the civil action pursuant to this division. 12,388
Upon the filing of a civil proceeding for relief under 12,390
division (C)(3), (4), or (5) of this section by an allegedly 12,391
injured person other than a prosecuting attorney, the allegedly 12,392
injured person immediately shall notify the attorney general of 12,393
the filing. The attorney general, upon timely application, may 12,394
intervene in any civil proceeding for relief under division 12,395
(C)(3), (4), or (5) if the attorney general certifies that, in 12,396
his THE ATTORNEY GENERAL'S opinion, the proceeding is of general 12,397
public interest. In any proceeding brought by an injured person 12,398
under division (C)(3), (4), or (5) of this section, the attorney 12,399
general is entitled to the same relief as if the attorney general 12,400
instituted the proceeding. 12,401
286
(E) In a civil proceeding under division (C) of this 12,403
section, the court may grant injunctive relief without a showing 12,404
of special or irreparable injury. 12,405
Pending final determination of a civil proceeding initiated 12,407
under this section, the court may issue a temporary restraining 12,408
order or a preliminary injunction upon a showing of immediate 12,409
danger or significant injury to the plaintiff, including the 12,410
possibility that any judgment for money damages might be 12,411
difficult to execute, and, in a proceeding initiated by an 12,412
aggrieved person, upon the execution of proper bond against 12,413
injury for an improvidently granted injunction. 12,414
(F) In a civil proceeding under division (B) of this 12,416
section, any person directly or indirectly injured by conduct in 12,417
violation of section 2923.32 of the Revised Code or a conspiracy 12,418
to violate that section, other than a violator of that section or 12,419
a conspirator to violate that section, in addition to relief 12,420
under division (C) of this section, shall have a cause of action 12,421
for triple the actual damages he THE PERSON sustained. To 12,422
recover triple damages, the plaintiff shall prove the violation 12,423
or conspiracy to violate that section and actual damages by clear 12,425
and convincing evidence. Damages under this division may 12,426
include, but are not limited to, competitive injury and injury 12,427
distinct from the injury inflicted by corrupt activity. 12,428
(G) In a civil action in which the plaintiff prevails 12,430
under division (C) or (F) of this section, he THE PLAINTIFF shall 12,432
recover reasonable attorney fees in the trial and appellate
courts, and the court shall order the defendant to pay to the 12,433
state, municipal, or county law enforcement agencies that handled 12,434
the investigation and litigation the costs of investigation and 12,435
litigation that reasonably are incurred and that are not ordered 12,436
to be paid pursuant to division (B)(2) of section 2923.32 of the 12,437
Revised Code or division (I) of this section. 12,438
(H) Upon application, based on the evidence presented in 12,440
the case by the plaintiff, as the interests of justice may 12,441
287
require, the trial court may grant a defendant who prevails in a 12,442
civil action brought pursuant to this section all or part of his 12,443
THE DEFENDANT'S costs, including the costs of investigation and 12,444
litigation reasonably incurred, and all or part of his THE 12,445
DEFENDANT'S reasonable attorney fees, unless the court finds that 12,446
special circumstances, including the relative economic position 12,447
of the parties, make an award unjust. 12,448
(I) If a person, other than an individual, is not 12,450
convicted of a violation of section 2923.32 of the Revised Code, 12,451
the prosecuting attorney may institute proceedings against the 12,452
person to recover a civil penalty for conduct that the 12,453
prosecuting attorney proves by clear and convincing evidence is 12,454
in violation of section 2923.32 of the Revised Code. The civil 12,455
penalty shall not exceed one hundred thousand dollars and shall 12,456
be paid into the state treasury to the credit of the corrupt 12,457
activity investigation and prosecution fund created in section 12,458
2923.35 of the Revised Code. If a civil penalty is ordered 12,459
pursuant to this division, the court shall order the defendant to 12,460
pay to the state, municipal, or county law enforcement agencies 12,461
that handled the investigation and litigation the costs of 12,462
investigation and litigation that are reasonably incurred and 12,463
that are not ordered to be paid pursuant to this section. 12,464
(J) A final judgment, decree, or delinquency adjudication 12,466
rendered against the defendant or the adjudicated delinquent 12,467
child in a civil action under this section or in a criminal or 12,468
delinquency action or proceeding for a violation of section 12,469
2923.32 of the Revised Code shall estop the defendant or the 12,470
adjudicated delinquent child in any subsequent civil proceeding 12,471
or action brought by any person as to all matters as to which the 12,472
judgment, decree, or adjudication would be an estoppel as between 12,473
the parties to the civil, criminal, or delinquency proceeding or 12,474
action. 12,475
(K) Notwithstanding any other provision of law providing a 12,477
shorter period of limitations, a civil proceeding or action under 12,478
288
this section may be commenced at any time within five years after 12,479
the unlawful conduct terminates or the cause of action accrues or 12,480
within any longer statutory period of limitations that may be 12,481
applicable. If a criminal proceeding, delinquency proceeding, 12,482
civil action, or other proceeding is brought or intervened in by 12,483
the state to punish, prevent, or restrain any activity that is 12,484
unlawful under section 2923.32 of the Revised Code, the running 12,485
of the period of limitations prescribed by this division with 12,486
respect to any civil action brought under this section by a 12,487
person who is injured by a violation or threatened violation of 12,488
section 2923.32 of the Revised Code, based in whole or in part 12,489
upon any matter complained of in the state prosecution, action, 12,490
or proceeding, shall be suspended during the pendency of the 12,491
state prosecution, action, or proceeding and for two years 12,492
following its termination. 12,493
(L) Personal service of any process in a proceeding under 12,495
this section may be made upon any person outside this state if 12,496
the person was involved in any conduct constituting a violation 12,497
of section 2923.32 of the Revised Code in this state. The person 12,498
is deemed by his THE PERSON'S conduct in violation of section 12,499
2923.32 of the Revised Code to have submitted himself to the 12,501
jurisdiction of the courts of this state for the purposes of this
section.
(M) The application of any civil remedy under this section 12,503
shall not preclude the application of any criminal remedy or 12,504
criminal forfeiture under section 2923.32 of the Revised Code or 12,505
any other provision of law, or the application of any delinquency 12,506
disposition under section 2151.355 CHAPTER 2152. of the Revised 12,508
Code or any other provision of law. 12,509
(N) As used in this section, "law enforcement agency" 12,511
includes, but is not limited to, the state board of pharmacy. 12,512
Sec. 2923.36. (A) Upon the institution of any criminal 12,520
proceeding charging a violation of section 2923.32 of the Revised 12,521
Code, the filing of any complaint, INDICTMENT, OR INFORMATION in 12,522
289
juvenile court alleging a violation of that section as a 12,525
delinquent act, or the institution of any civil proceeding under 12,526
section 2923.32 or 2923.34 of the Revised Code, the state, at any 12,527
time during the pendency of the proceeding, may file a corrupt 12,528
activity lien notice with the county recorder of any county in 12,529
which property subject to forfeiture may be located. No fee 12,530
shall be required for filing the notice. The recorder 12,531
immediately shall record the notice pursuant to section 317.08 of 12,532
the Revised Code.
(B) A corrupt activity lien notice shall be signed by the 12,534
prosecuting attorney who files the lien. The notice shall set 12,535
forth all of the following information: 12,536
(1) The name of the person against whom the proceeding has 12,538
been brought. The prosecuting attorney may specify in the notice 12,539
any aliases, names, or fictitious names under which the person 12,540
may be known. The prosecuting attorney also may specify any 12,541
corporation, partnership, or other entity in which the person has 12,542
an interest subject to forfeiture under section 2923.32 of the 12,543
Revised Code and shall describe in the notice the person's 12,544
interest in the corporation, partnership, or other entity. 12,545
(2) If known to the prosecuting attorney, the present 12,547
residence and business addresses of the person or names set forth 12,548
in the notice; 12,549
(3) A statement that a criminal or delinquency proceeding 12,551
for a violation of section 2923.32 of the Revised Code or a civil 12,552
proceeding under section 2923.32 or 2923.34 of the Revised Code 12,553
has been brought against the person named in the notice, the name 12,554
of the county in which the proceeding has been brought, and the 12,555
case number of the proceeding; 12,556
(4) A statement that the notice is being filed pursuant to 12,558
this section; 12,559
(5) The name and address of the prosecuting attorney 12,561
filing the notice; 12,562
(6) A description of the real or personal property subject 12,564
290
to the notice and of the interest in that property of the person 12,565
named in the notice, to the extent the property and the interest 12,566
of the person in it reasonably is known at the time the 12,567
proceeding is instituted or at the time the notice is filed. 12,568
(C) A corrupt activity lien notice shall apply only to one 12,570
person and, to the extent applicable, any aliases, fictitious 12,571
names, or other names, including names of corporations, 12,572
partnerships, or other entities, to the extent permitted in this 12,573
section. A separate corrupt activity lien notice is required to 12,574
be filed for any other person. 12,575
(D) Within seven days after the filing of each corrupt 12,577
activity lien notice, the prosecuting attorney who files the 12,578
notice shall furnish to the person named in the notice by 12,579
certified mail, return receipt requested, to the last known 12,580
business or residential address of the person, a copy of the 12,581
recorded notice with a notation on it of any county in which the 12,582
notice has been recorded. The failure of the prosecuting 12,583
attorney to furnish a copy of the notice under this section shall 12,584
not invalidate or otherwise affect the corrupt activity lien 12,585
notice when the prosecuting attorney did not know and could not 12,586
reasonably ascertain the address of the person entitled to 12,587
notice. 12,588
After receipt of a copy of the notice under this division, 12,590
the person named in the notice may petition the court to 12,591
authorize the person to post a surety bond in lieu of the lien or 12,592
to otherwise modify the lien as the interests of justice may 12,593
require. The bond shall be in an amount equal to the value of 12,594
the property reasonably known to be subject to the notice and 12,595
conditioned on the payment of any judgment and costs ordered in 12,596
an action pursuant to section 2923.32 or 2923.34 of the Revised 12,597
Code up to the value of the bond. 12,598
(E) From the date of filing of a corrupt activity lien 12,600
notice, the notice creates a lien in favor of the state on any 12,601
personal or real property or any beneficial interest in the 12,602
291
property located in the county in which the notice is filed that 12,603
then or subsequently is owned by the person named in the notice 12,604
or under any of the names set forth in the notice. 12,605
The lien created in favor of the state is superior and 12,607
prior to the interest of any other person in the personal or real 12,608
property or beneficial interest in the property, if the interest 12,609
is acquired subsequent to the filing of the notice. 12,610
(F)(1) Notwithstanding any law or rule to the contrary, in 12,612
conjunction with any civil proceeding brought pursuant to section 12,613
2923.34 of the Revised Code, the prosecuting attorney may file in 12,614
any county, without prior court order, a lis pendens pursuant to 12,615
sections 2703.26 and 2703.27 of the Revised Code. In such a 12,616
case, any person acquiring an interest in the subject property or 12,617
beneficial interest in the property, if the property interest is 12,618
acquired subsequent to the filing of the lis pendens, shall take 12,619
the property or interest subject to the civil proceeding and any 12,620
subsequent judgment. 12,621
(2) If a corrupt activity lien notice has been filed, the 12,623
prosecuting attorney may name as a defendant in the lis pendens, 12,624
in addition to the person named in the notice, any person 12,625
acquiring an interest in the personal or real property or 12,626
beneficial interest in the property subsequent to the filing of 12,627
the notice. If a judgment of forfeiture is entered in the 12,628
criminal or delinquency proceeding pursuant to section 2923.32 of 12,629
the Revised Code in favor of the state, the interest of any 12,630
person in the property that was acquired subsequent to the filing 12,631
of the notice shall be subject to the notice and judgment of 12,632
forfeiture. 12,633
(G) Upon a final judgment of forfeiture in favor of the 12,635
state pursuant to section 2923.32 of the Revised Code, title of 12,636
the state to the forfeited property shall do either of the 12,637
following: 12,638
(1) In the case of real property, or a beneficial interest 12,640
in it, relate back to the date of filing of the corrupt activity 12,641
292
lien notice in the county where the property or interest is 12,642
located. If no corrupt activity lien notice was filed, title of 12,643
the state relates back to the date of the filing of any lis 12,644
pendens under division (F) of this section in the records of the 12,645
county recorder of the county in which the real property or 12,646
beneficial interest is located. If no corrupt activity lien 12,647
notice or lis pendens was filed, title of the state relates back 12,648
to the date of the recording of the final judgment of forfeiture 12,649
in the records of the county recorder of the county in which the 12,650
real property or beneficial interest is located. 12,651
(2) In the case of personal property or a beneficial 12,653
interest in it, relate back to the date on which the property or 12,654
interest was seized by the state, or the date of filing of a 12,655
corrupt activity lien notice in the county in which the property 12,656
or beneficial interest is located. If the property was not 12,657
seized and no corrupt activity lien notice was filed, title of 12,658
the state relates back to the date of the recording of the final 12,659
judgment of forfeiture in the county in which the personal 12,660
property or beneficial interest is located. 12,661
(H) If personal or real property, or a beneficial interest 12,663
in it, that is subject to forfeiture pursuant to section 2923.32 12,664
of the Revised Code is conveyed, alienated, disposed of, or 12,665
otherwise rendered unavailable for forfeiture after the filing of 12,666
either a corrupt activity lien notice, or a criminal or 12,667
delinquency proceeding for a violation of section 2923.32 or a 12,668
civil proceeding under section 2923.32 or 2923.34 of the Revised 12,669
Code, whichever is earlier, the state may bring an action in any 12,670
court of common pleas against the person named in the corrupt 12,671
activity lien notice or the defendant in the criminal, 12,672
delinquency, or civil proceeding to recover the value of the 12,673
property or interest. The court shall enter final judgment 12,674
against the person named in the notice or the defendant for an 12,675
amount equal to the value of the property or interest together 12,676
with investigative costs and attorney's fees incurred by the 12,677
293
state in the action. If a civil proceeding is pending, an action 12,678
pursuant to this section shall be filed in the court in which the 12,679
proceeding is pending. 12,680
(I) If personal or real property, or a beneficial interest 12,682
in it, that is subject to forfeiture pursuant to section 2923.32 12,683
of the Revised Code is alienated or otherwise transferred or 12,684
disposed of after either the filing of a corrupt activity lien 12,685
notice, or the filing of a criminal or delinquency proceeding for 12,686
a violation of section 2923.32 or a civil proceeding under 12,687
section 2923.32 or 2923.34 of the Revised Code, whichever is 12,688
earlier, the transfer or disposal is fraudulent as to the state 12,689
and the state shall have all the rights granted a creditor under 12,690
Chapter 1336. of the Revised Code. 12,691
(J) No trustee, who acquires actual knowledge that a 12,693
corrupt activity lien notice, a criminal or delinquency 12,694
proceeding for a violation of section 2923.32 or a civil 12,695
proceeding under section 2923.32 or 2923.34 of the Revised Code 12,696
has been filed against any person for whom he THE TRUSTEE holds 12,697
legal or record title to personal or real property, shall 12,698
recklessly fail to furnish promptly to the prosecuting attorney 12,699
all of the following: 12,700
(1) The name and address of the person, as known to the 12,702
trustee; 12,703
(2) The name and address, as known to the trustee, of all 12,705
other persons for whose benefit the trustee holds title to the 12,706
property; 12,707
(3) If requested by the prosecuting attorney, a copy of 12,709
the trust agreement or other instrument under which the trustee 12,710
holds title to the property. 12,711
Any trustee who fails to comply with this division is 12,713
guilty of failure to provide corrupt activity lien information, a 12,714
misdemeanor of the first degree. 12,715
(K) If a trustee transfers title to personal or real 12,717
property after a corrupt activity lien notice is filed against 12,718
294
the property, the lien is filed in the county in which the 12,719
property is located, and the lien names a person who holds a 12,720
beneficial interest in the property, the trustee, if he THE 12,721
TRUSTEE has actual notice of the notice, shall be liable to the 12,722
state for the greater of the following: 12,723
(1) The proceeds received directly by the person named in 12,725
the notice as a result of the transfer; 12,726
(2) The proceeds received by the trustee as a result of 12,728
the transfer and distributed to the person named in the notice; 12,729
(3) The fair market value of the interest of the person 12,731
named in the notice in the property transferred. 12,732
However, if the trustee transfers property for at least its 12,734
fair market value and holds the proceeds that otherwise would be 12,735
paid or distributed to the beneficiary, or at the direction of 12,736
the beneficiary or his THE BENEFICIARY'S designee, the liability 12,737
of the trustee shall not exceed the amount of the proceeds held 12,738
by the trustee. 12,739
(L) The filing of a corrupt activity lien notice does not 12,741
constitute a lien on the record title to personal or real 12,742
property owned by the trustee, except to the extent the trustee 12,743
is named in the notice. 12,744
The prosecuting attorney for the county may bring a civil 12,746
action in any court of common pleas to recover from the trustee 12,747
the amounts set forth in division (H) of this section. The 12,748
county may recover investigative costs and attorney's fees 12,749
incurred by the prosecuting attorney. 12,750
(M)(1) This section does not apply to any transfer by a 12,752
trustee under a court order, unless the order is entered in an 12,753
action between the trustee and the beneficiary. 12,754
(2) Unless the trustee has actual knowledge that a person 12,756
owning a beneficial interest in the trust is named in a corrupt 12,757
activity lien notice or otherwise is a defendant in a civil 12,758
proceeding brought pursuant to section 2923.34 of the Revised 12,759
Code, this section does not apply to either of the following: 12,760
295
(a) Any transfer by a trustee required under the terms of 12,762
any trust agreement, if the agreement is a matter of public 12,763
record before the filing of any corrupt activity lien notice; 12,764
(b) Any transfer by a trustee to all of the persons who 12,766
own a beneficial interest in the trust. 12,767
(N) The filing of a corrupt activity lien notice does not 12,769
affect the use to which personal or real property, or a 12,770
beneficial interest in it, that is owned by the person named in 12,771
the notice may be put or the right of the person to receive any 12,772
proceeds resulting from the use and ownership, but not the sale, 12,773
of the property, until a judgment of forfeiture is entered. 12,774
(O) The term of a corrupt activity lien notice is five 12,776
years from the date the notice is filed, unless a renewal notice 12,777
has been filed by the prosecuting attorney of the county in which 12,778
the property or interest is located. The term of any renewal of 12,779
a corrupt activity lien notice granted by the court is five years 12,780
from the date of its filing. A corrupt activity lien notice may 12,781
be renewed any number of times while a criminal or civil 12,782
proceeding under section 2923.32 or 2923.34 of the Revised Code, 12,783
or an appeal from either type of proceeding, is pending. 12,784
(P) The prosecuting attorney who files the corrupt 12,786
activity lien notice may terminate, in whole or part, any corrupt 12,787
activity lien notice or release any personal or real property or 12,788
beneficial interest in the property upon any terms that he THE 12,789
PROSECUTING ATTORNEY determines are appropriate. Any termination 12,790
or release shall be filed by the prosecuting attorney with each 12,792
county recorder with whom the notice was filed. No fee shall be 12,793
imposed for the filing. 12,794
(Q)(1) If no civil proceeding has been brought by the 12,796
prosecuting attorney pursuant to section 2923.34 of the Revised 12,797
Code against the person named in the corrupt activity lien 12,798
notice, the acquittal in a criminal or delinquency proceeding for 12,799
a violation of section 2923.32 of the Revised Code of the person 12,800
named in the notice or the dismissal of a criminal or delinquency 12,801
296
proceeding for such a violation against the person named in the 12,802
notice terminates the notice. In such a case, the filing of the 12,803
notice has no effect. 12,804
(2) If a civil proceeding has been brought pursuant to 12,806
section 2923.34 of the Revised Code with respect to any property 12,807
that is the subject of a corrupt activity lien notice and if the 12,808
criminal or delinquency proceeding brought against the person 12,809
named in the notice for a violation of section 2923.32 of the 12,810
Revised Code has been dismissed or the person named in the notice 12,811
has been acquitted in the criminal or delinquency proceeding for 12,812
such a violation, the notice shall continue for the duration of 12,813
the civil proceeding and any appeals from the civil proceeding, 12,814
except that it shall not continue any longer than the term of the 12,815
notice as determined pursuant to division (O) of this section. 12,816
(3) If no civil proceeding brought pursuant to section 12,818
2923.34 of the Revised Code then is pending against the person 12,819
named in a corrupt activity lien notice, any person so named may 12,820
bring an action against the prosecuting attorney who filed the 12,821
notice, in the county where it was filed, seeking a release of 12,822
the property subject to the notice or termination of the notice. 12,823
In such a case, the court of common pleas promptly shall set a 12,824
date for hearing, which shall be not less than five nor more than 12,825
ten days after the action is filed. The order and a copy of the 12,826
complaint shall be served on the prosecuting attorney within 12,827
three days after the action is filed. At the hearing, the court 12,828
shall take evidence as to whether any personal or real property, 12,829
or beneficial interest in it, that is owned by the person 12,830
bringing the action is covered by the notice or otherwise is 12,831
subject to forfeiture. If the person bringing the action shows 12,832
by a preponderance of the evidence that the notice does not apply 12,833
to him THE PERSON or that any personal or real property, or 12,834
beneficial interest in it, that is owned by him THE PERSON is not 12,836
subject to forfeiture, the court shall enter a judgment
terminating the notice or releasing the personal or real property 12,837
297
or beneficial interest from the notice. 12,838
At a hearing, the court may release from the notice any 12,840
property or beneficial interest upon the posting of security, by 12,841
the person against whom the notice was filed, in an amount equal 12,842
to the value of the property or beneficial interest owned by the 12,843
person. 12,844
(4) The court promptly shall enter an order terminating a 12,846
corrupt activity lien notice or releasing any personal or real 12,847
property or beneficial interest in the property, if a sale of the 12,848
property or beneficial interest is pending and the filing of the 12,849
notice prevents the sale. However, the proceeds of the sale 12,850
shall be deposited with the clerk of the court, subject to the 12,851
further order of the court. 12,852
(R) Notwithstanding any provision of this section, any 12,854
person who has perfected a security interest in personal or real 12,855
property or a beneficial interest in the property for the payment 12,856
of an enforceable debt or other similar obligation prior to the 12,857
filing of a corrupt activity lien notice or a lis pendens in 12,858
reference to the property or interest may foreclose on the 12,859
property or interest as otherwise provided by law. The 12,860
foreclosure, insofar as practical, shall be made so that it 12,861
otherwise will not interfere with a forfeiture under section 12,862
2923.32 of the Revised Code. 12,863
Sec. 2923.44. (A)(1) In accordance with division (B) of 12,872
this section, a person who is convicted of or pleads guilty to a 12,873
violation of section 2923.42 of the Revised Code, and a juvenile 12,875
who is found by a juvenile court to be a delinquent child for an 12,876
act committed in violation of section 2923.42 of the Revised 12,877
Code, loses any right to the possession of property and forfeits 12,878
to the state any right, title, and interest the person may have 12,879
in that property if either of the following applies: 12,880
(a) The property constitutes, or is derived directly or 12,882
indirectly from, any proceeds that the person obtained directly 12,883
or indirectly from the commission of the violation of section 12,885
298
2923.42 of the Revised Code.
(b) The property was used or intended to be used in any 12,887
manner to commit, or to facilitate the commission of, the 12,888
violation of section 2923.42 of the Revised Code. 12,889
(2) All right, title, and interest of a person in property 12,891
described in division (A)(1) of this section vests in the state 12,892
upon the person's commission of the violation of section 2923.42 12,894
of the Revised Code of which the person is convicted or to which 12,895
the person pleads guilty and that is the basis of the forfeiture, 12,896
or upon the juvenile's commission of the act that is a violation 12,898
of section 2923.42 of the Revised Code, that is the basis of the 12,899
juvenile being found to be a delinquent child, and that is the 12,900
basis of the forfeiture. Subject to divisions (F)(3)(b) and 12,902
(5)(b) and (G)(2) of this section, if any right, title, or 12,904
interest in property is vested in this state under division 12,905
(A)(2) of this section and subsequently is transferred to a 12,906
person other than the adult offender or the delinquent child who 12,907
forfeits the right, title, or interest in the property under 12,908
division (A)(1) of this section, then, in accordance with 12,910
division (B) of this section, the right, title, or interest in 12,911
the property may be the subject of a special verdict of 12,912
forfeiture and, after any special verdict of forfeiture, shall be 12,913
ordered forfeited to this state, unless the transferee 12,914
establishes in a hearing held pursuant to division (F) of this 12,915
section that the transferee is a bona fide purchaser for value of 12,916
the right, title, or interest in the property and that, at the
time of its purchase, the transferee was reasonably without cause 12,917
to believe that it was subject to forfeiture under this section. 12,918
(3) The provisions of section 2923.45 of the Revised Code 12,920
that relate to the forfeiture of any right, title, or interest in 12,921
property associated with a violation of section 2923.42 of the 12,922
Revised Code pursuant to a civil action to obtain a civil 12,923
forfeiture do not apply to the forfeiture of any right, title, or 12,924
interest in property described in division (A)(1) of this section 12,925
299
that occurs pursuant to division (B) of this section upon a 12,926
person's conviction of or guilty plea to a violation of section 12,927
2923.42 of the Revised Code or upon a juvenile being found by a 12,929
juvenile court to be a delinquent child for an act that is a 12,930
violation of section 2923.42 of the Revised Code.
(4) Nothing in this section precludes a financial 12,932
institution that has or purports to have a security interest in 12,933
or lien on property described in division (A)(1) of this section 12,934
from commencing a civil action or taking other appropriate legal 12,935
action in connection with the property prior to its disposition 12,936
in accordance with section 2923.46 of the Revised Code for the 12,937
purpose of obtaining possession of the property in order to 12,938
foreclose or otherwise enforce the security interest or lien. A 12,939
financial institution may commence a civil action or take other 12,940
appropriate legal action for that purpose prior to the 12,941
disposition of the property in accordance with section 2923.46 of 12,943
the Revised Code, even if a prosecution for a violation of 12,944
section 2923.42 of the Revised Code or a delinquent child 12,945
proceeding for an act that is a violation of section 2923.42 of 12,946
the Revised Code has been or could be commenced, even if the 12,947
property is or could be the subject of an order of forfeiture 12,948
issued under division (B)(5) of this section, and even if the 12,949
property has been seized or is subject to seizure pursuant to 12,950
division (D) or (E) of this section.
If a financial institution commences a civil action or 12,952
takes any other appropriate legal action as described in division 12,954
(A)(4) of this section, if the financial institution subsequently 12,955
causes the sale of the property prior to its seizure pursuant to 12,956
division (D) or (E) of this section and its disposition pursuant 12,957
to section 2923.46 of the Revised Code, and if the person 12,958
responsible for the conduct of the sale has actual knowledge of 12,959
the commencement of a prosecution for a violation of section 12,961
2923.42 of the Revised Code or of a delinquent child proceeding 12,962
for an act that is a violation of section 2923.42 of the Revised 12,963
300
Code, actual knowledge of a pending forfeiture proceeding under 12,964
division (B) of this section, or actual knowledge of an order of 12,965
forfeiture issued under division (B)(5) of this section, then the 12,966
person responsible for the conduct of the sale shall dispose of 12,967
the proceeds of the sale in the following order: 12,968
(a) First, to the payment of the costs of the sale and to 12,970
the payment of the costs incurred by law enforcement agencies and 12,971
financial institutions in connection with the seizure of, storage 12,972
of, maintenance of, and provision of security for the property. 12,973
As used in this division, "costs" of a financial institution do 12,974
not include attorney's fees incurred by that institution in 12,975
connection with the property. 12,976
(b) Second, the remaining proceeds of the sale after 12,978
compliance with division (A)(4)(a) of this section, to the 12,980
payment in the order of priority of the security interests and 12,981
liens of valid security interests and liens pertaining to the 12,982
property that, at the time of the vesting in the state under 12,983
division (A)(2) of this section of the right, title, or interest 12,984
of the adult or juvenile, are held by known secured parties and 12,985
lienholders; 12,986
(c) Third, the remaining proceeds of the sale after 12,988
compliance with division (A)(4)(b) of this section, to the court 12,990
that has or would have jurisdiction in a prosecution for a 12,991
violation of section 2923.42 of the Revised Code or a delinquent 12,992
child proceeding for an act that is a violation of section 12,994
2923.42 of the Revised Code for disposition in accordance with 12,996
section 2923.46 of the Revised Code.
(B)(1) A criminal forfeiture of any right, title, or 12,998
interest in property described in division (A)(1) of this section 12,999
is precluded unless one of the following applies: 13,000
(a) The indictment, count in the indictment, or 13,002
information charging the violation of section 2923.42 of the 13,003
Revised Code specifies the nature of the right, title, or 13,005
interest of the alleged offender in the property described in 13,006
301
division (A)(1) of this section that is potentially subject to 13,007
forfeiture under this section, or a description of the property 13,008
of the alleged offender that is potentially subject to forfeiture 13,009
under this section, to the extent the right, title, or interest 13,010
in the property or the property reasonably is known at the time 13,011
of the filing of the indictment or information; or the complaint, 13,012
INDICTMENT, OR INFORMATION charging a juvenile with being a 13,013
delinquent child for the commission of an act that is a violation 13,015
of section 2923.42 of the Revised Code specifies the nature of 13,016
the right, title, or interest of the juvenile in the property 13,018
described in division (A)(1) of this section that is potentially 13,019
subject to forfeiture under this section, or a description of the 13,020
property of the juvenile that is potentially subject to 13,021
forfeiture under this section, to the extent the right, title, or 13,022
interest in the property or the property reasonably is known at 13,023
the time of the filing of the complaint, INDICTMENT, OR 13,024
INFORMATION.
(b) The property in question was not reasonably foreseen 13,026
to be subject to forfeiture under this section at the time of the 13,027
filing of the indictment, information, or complaint, the 13,028
prosecuting attorney gave prompt notice to the alleged offender 13,029
or juvenile of that property when it was discovered to be subject 13,030
to forfeiture under this section, and a verdict of forfeiture 13,031
described in division (B)(3) of this section requires the 13,032
forfeiture of that property. 13,033
(2) The specifications described in division (B)(1) of 13,035
this section shall be stated at the end of the body of the 13,036
indictment, count in the indictment, information, or complaint. 13,037
(3)(a) If a person is convicted of or pleads guilty to a 13,039
violation of section 2923.42 of the Revised Code or a juvenile is 13,040
found to be a delinquent child for an act that is a violation of 13,043
section 2923.42 of the Revised Code, then a special proceeding 13,044
shall be conducted in accordance with division (B)(3) of this 13,045
section to determine whether any property described in division 13,047
302
(B)(1)(a) or (b) of this section will be the subject of an order 13,049
of forfeiture under this section. Except as otherwise provided 13,050
in division (B)(3)(b) of this section, the jury in the criminal 13,052
action, the judge in the delinquent child action, or, if the 13,054
criminal action was a nonjury action, the judge in that action 13,055
shall hear and consider testimony and other evidence in the 13,056
proceeding relative to whether any property described in division 13,057
(B)(1)(a) or (b) of this section is subject to forfeiture under 13,059
this section. If the jury or judge determines that the 13,060
prosecuting attorney has established by a preponderance of the 13,061
evidence that any property so described is subject to forfeiture 13,062
under this section, the judge or juvenile judge shall render a 13,063
verdict of forfeiture that specifically describes the right, 13,064
title, or interest in property or the property that is subject to 13,065
forfeiture under this section. The Rules of Evidence shall apply 13,067
in the proceeding. 13,068
(b) If the trier of fact in a criminal action for a 13,071
violation of section 2923.42 of the Revised Code was a jury, 13,072
then, upon the filing of a motion by the person who was convicted 13,073
of or pleaded guilty to the violation of section 2923.42 of the 13,074
Revised Code, the determinations in the proceeding described in 13,076
division (B)(3) of this section instead shall be made by the 13,077
judge in the criminal action.
(4) In a criminal action for a violation of section 13,080
2923.42 of the Revised Code, if the trier of fact is a jury, the 13,081
jury shall not be informed of any specification described in 13,082
division (B)(1)(a) of this section or of any property described 13,083
in that division or division (B)(1)(b) of this section prior to 13,085
the alleged offender being convicted of or pleading guilty to the
violation of section 2923.42 of the Revised Code. 13,087
(5)(a) If a verdict of forfeiture is entered pursuant to 13,089
division (B)(3) of this section, then the court that imposes 13,090
sentence upon a person who is convicted of or pleads guilty to a 13,091
violation of section 2923.42 of the Revised Code, or the juvenile 13,092
303
court that finds a juvenile to be a delinquent child for an act 13,093
that is a violation of section 2923.42 of the Revised Code, in 13,094
addition to any other sentence imposed upon the offender or order 13,095
of disposition imposed upon the delinquent child, shall order 13,096
that the offender or delinquent child forfeit to the state all of 13,097
the offender's or delinquent child's right, title, and interest 13,098
in the property described in division (A)(1) of this section. If 13,099
a person is convicted of or pleads guilty to a violation of 13,100
section 2923.42 of the Revised Code, or a juvenile is found by a 13,101
juvenile court to be a delinquent child for an act that is a 13,102
violation of section 2923.42 of the Revised Code, and derives 13,104
profits or other proceeds from the offense or act, the court that 13,105
imposes sentence or an order of disposition upon the offender or 13,106
delinquent child, in lieu of any fine that the court is otherwise 13,108
authorized or required to impose, may impose upon the offender or 13,109
delinquent child a fine of not more than twice the gross profits 13,110
or other proceeds so derived. 13,111
(b) Notwithstanding any contrary provision of the Revised 13,114
Code, the clerk of the court shall pay all fines imposed pursuant 13,116
to division (B)(5) of this section to the county, municipal 13,117
corporation, township, park district created pursuant to section 13,118
511.18 or 1545.01 of the Revised Code, or state law enforcement 13,120
agencies in this state that were primarily responsible for or 13,121
involved in making the arrest of, and in prosecuting, the 13,122
offender. However, the clerk shall not pay a fine so imposed to 13,123
a law enforcement agency unless the agency has adopted a written 13,124
internal control policy pursuant to division (C)(2) of section 13,125
2923.42 of the Revised Code that addresses the use of the fine 13,126
moneys that it receives under division (B)(5) of this section and 13,127
division (C)(1) of section 2923.42 of the Revised Code. The law 13,130
enforcement agencies shall use the fines imposed and paid 13,132
pursuant to division (B)(5) of this section to subsidize their
efforts pertaining to criminal gangs, in accordance with the 13,133
written internal control policy adopted by the recipient agency 13,134
304
pursuant to division (C)(2) of section 2923.42 of the Revised 13,135
Code.
(6) If any of the property that is described in division 13,137
(A)(1) of this section and that is the subject of an order of 13,138
forfeiture issued under division (B)(5) of this section, because 13,139
of an act of the person who is convicted of or pleads guilty to 13,141
the violation of section 2923.42 of the Revised Code that is the 13,142
basis of the order of forfeiture or an act of the juvenile found 13,143
by a juvenile court to be a delinquent child for an act that is a 13,145
violation of section 2923.42 of the Revised Code and that is the 13,146
basis of the forfeiture, cannot be located upon the exercise of 13,147
due diligence, has been transferred to, sold to, or deposited 13,148
with a third party, has been placed beyond the jurisdiction of 13,149
the court, has been substantially diminished in value, or has 13,150
been commingled with other property that cannot be divided 13,151
without difficulty, the court that issues the order of forfeiture 13,152
shall order the forfeiture of any other property of the offender 13,153
or the delinquent child up to the value of any forfeited property
described in division (B)(6) of this section. 13,155
(C) There shall be a rebuttable presumption that any 13,157
right, title, or interest of a person in property described in 13,158
division (A)(1) of this section is subject to forfeiture under 13,159
division (B) of this section, if the state proves both of the 13,160
following by a preponderance of the evidence: 13,161
(1) The right, title, or interest in the property was 13,163
acquired by the offender or delinquent child during the period of 13,164
the commission of the violation of section 2923.42 of the Revised 13,165
Code, or within a reasonable time after that period. 13,167
(2) There is no likely source for the right, title, or 13,169
interest in the property other than proceeds obtained from the 13,170
commission of the violation of section 2923.42 of the Revised 13,171
Code.
(D)(1) Upon the application of the prosecuting attorney 13,173
who is prosecuting or has jurisdiction to prosecute the violation 13,175
305
of section 2923.42 of the Revised Code, the court of common pleas 13,176
or juvenile court of the county in which property subject to 13,177
forfeiture under division (B) of this section is located, 13,178
whichever is applicable, may issue a restraining order or 13,179
injunction, an order requiring the execution of a satisfactory 13,180
performance bond, or an order taking any other reasonable action 13,181
necessary to preserve the availability of the property, at either 13,182
of the following times:
(a) Upon the filing of an indictment, complaint, or 13,184
information charging a person who has any right, title, or 13,185
interest in the property with the commission of a violation of 13,186
section 2923.42 of the Revised Code and alleging that the 13,187
property with respect to which the order is sought will be 13,188
subject to forfeiture under division (B) of this section if the 13,189
person is convicted of or pleads guilty to the offense, or upon 13,190
the filing of a complaint, INDICTMENT, OR INFORMATION alleging 13,191
that a juvenile who has any right, title, or interest in the 13,192
property is a delinquent child because of the commission of an 13,194
act that is a violation of section 2923.42 of the Revised Code 13,195
and alleging that the property with respect to which the order is 13,197
sought will be subject to forfeiture under division (B) of this 13,198
section if the juvenile is found to be a delinquent child because 13,199
of the commission of that act;
(b) Except as provided in division (D)(3) of this section, 13,202
prior to the filing of an indictment, complaint, or information
charging a person who has any right, title, or interest in the 13,203
property with the commission of a violation of section 2923.42 of 13,205
the Revised Code, or prior to the filing of a complaint, 13,206
INDICTMENT OR INFORMATION alleging that a juvenile who has any 13,209
right, title, or interest in the property is a delinquent child 13,210
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 13,212
all persons known to have any right, title, or interest in the 13,213
property and an opportunity to have a hearing on the order is 13,214
306
given to those persons, the court determines both of the 13,215
following:
(i) There is a substantial probability that the state will 13,217
prevail on the issue of forfeiture and that failure to enter the 13,218
order will result in the property subject to forfeiture being 13,219
destroyed, removed from the jurisdiction of the court, or 13,220
otherwise being made unavailable for forfeiture. 13,221
(ii) The need to preserve the availability of the property 13,223
subject to forfeiture through the entry of the requested order 13,224
outweighs the hardship on any party against whom the order is to 13,225
be entered. 13,226
(2) Except as provided in division (D)(3) of this section, 13,228
an order issued under division (D)(1) of this section is 13,229
effective for not more than ninety days, unless extended by the 13,230
court for good cause shown or unless an indictment, complaint, or 13,231
information charging the commission of a violation of section 13,233
2923.42 of the Revised Code or a complaint, INDICTMENT, OR 13,234
INFORMATION alleging that a juvenile is a delinquent child 13,235
because of the commission of an act that is a violation of 13,236
section 2923.42 of the Revised Code, is filed against any alleged 13,237
adult offender or alleged delinquent child with any right, title, 13,238
or interest in the property that is the subject of the order. 13,239
(3) A court may issue an order under division (D)(1)(b) of 13,242
this section without giving notice or an opportunity for a 13,243
hearing to persons known to have any right, title, or interest in 13,244
property if the prosecuting attorney who is prosecuting or has 13,245
jurisdiction to prosecute the violation of section 2923.42 of the 13,246
Revised Code demonstrates that there is probable cause to believe 13,247
that the property will be subject to forfeiture under division 13,248
(B) of this section if a person with any right, title, or 13,249
interest in the property is convicted of or pleads guilty to a 13,250
violation of section 2923.42 of the Revised Code or a juvenile 13,251
with any right, title, or interest in the property is found by a 13,252
juvenile court to be a delinquent child for an act that is a 13,253
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, 13,255
title, or interest in the property will jeopardize its 13,256
availability for forfeiture. The order shall be a temporary 13,257
order and shall expire not more than ten days after the date on 13,258
which it is entered, unless it is extended for good cause shown 13,259
or unless a person with any right, title, or interest in the 13,260
property that is the subject of the order consents to an 13,261
extension for a longer period. A hearing concerning an order 13,262
issued under division (D)(3) of this section may be requested, 13,263
and, if it is requested, the court shall hold the hearing at the 13,264
earliest possible time prior to the expiration of the order. 13,265
(4) At any hearing held under division (D) of this 13,267
section, the court may receive and consider evidence and 13,268
information that is inadmissible under the Rules of Evidence. 13,270
Each hearing held under division (D) of this section shall be 13,272
recorded by shorthand, by stenotype, or by any other mechanical, 13,273
electronic, or video recording device. If, as a result of a 13,274
hearing under division (D) of this section, property would be 13,275
seized, the recording of and any transcript of the recording of 13,276
that hearing shall not be a public record for purposes of section 13,277
149.43 of the Revised Code until that property has been seized 13,278
pursuant to division (D) of this section. Division (D)(4) of 13,279
this section does not require, authorize, or permit the making 13,281
available for inspection, or the copying, under section 149.43 of 13,282
the Revised Code of any confidential law enforcement 13,283
investigatory record or trial preparation record, as defined in 13,284
that section.
(5) A prosecuting attorney or other law enforcement 13,286
officer may request the court of common pleas of the county in 13,287
which property subject to forfeiture under this section is 13,288
located to issue a warrant authorizing the seizure of that 13,289
property. The request shall be made in the same manner as 13,290
provided for a search warrant. If the court determines that 13,291
308
there is probable cause to believe that the property to be seized 13,292
will be subject to forfeiture under this section when a person 13,293
with any right, title, or interest in the property is convicted 13,294
of or pleads guilty to a violation of section 2923.42 of the 13,296
Revised Code or when a juvenile with any right, title, or 13,297
interest in the property is found by a juvenile court to be a 13,298
delinquent child for an act that is a violation of section 13,299
2923.42 of the Revised Code and if the court determines that any 13,301
order issued under division (D)(1), (2), or (3) of this section 13,302
may not be sufficient to ensure the availability of the property 13,303
for forfeiture, the court shall issue a warrant authorizing the 13,304
seizure of the property. 13,305
(E)(1) Upon the entry of an order of forfeiture under this 13,307
section, the court shall order an appropriate law enforcement 13,308
officer to seize all of the forfeited property upon the terms and 13,309
conditions that the court determines are proper. In addition, 13,310
upon the request of the prosecuting attorney who prosecuted the 13,311
offense or act in violation of section 2923.42 of the Revised 13,313
Code, the court shall enter any appropriate restraining orders or 13,314
injunctions, require the execution of satisfactory performance 13,315
bonds, appoint receivers, conservators, appraisers, accountants, 13,316
or trustees, or take any other action to protect the interest of 13,317
the state in the forfeited property. Any income accruing to or 13,318
derived from property ordered forfeited under this section may be 13,319
used to offset ordinary and necessary expenses related to the 13,320
property that are required by law or that are necessary to 13,321
protect the interest of the state or third parties. 13,322
After forfeited property is seized, the prosecuting 13,324
attorney who prosecuted the offense or act in violation of 13,325
section 2923.42 of the Revised Code shall direct its disposition 13,326
in accordance with section 2923.46 of the Revised Code, making 13,328
due provision for the rights of any innocent persons. Any right, 13,329
title, or interest in property not exercisable by, or 13,330
transferable for value to, the state shall expire and shall not 13,331
309
revert to the offender whose conviction or plea of guilty or act 13,332
as a delinquent child is the basis of the order of forfeiture. 13,333
Neither the adult offender or delinquent child nor any person 13,334
acting in concert with or on behalf of the adult offender or 13,335
delinquent child is eligible to purchase forfeited property at 13,336
any sale held pursuant to section 2923.46 of the Revised Code. 13,337
Upon the application of any person other than the adult 13,339
offender or delinquent child whose right, title, or interest in 13,340
the property is the subject of the order of forfeiture or any 13,341
person acting in concert with or on behalf of the adult offender 13,342
or delinquent child, the court may restrain or stay the sale or 13,344
other disposition of the property pursuant to section 2923.46 of 13,345
the Revised Code pending the conclusion of any appeal of the 13,346
conviction or of the delinquent child adjudication that is the 13,347
basis of the order of forfeiture, if the applicant demonstrates 13,348
that proceeding with the sale or other disposition of the 13,349
property will result in irreparable injury or loss to the 13,350
applicant.
(2) With respect to property that is the subject of an 13,352
order of forfeiture issued under this section, the court that 13,353
issued the order, upon the petition of the prosecuting attorney 13,354
who prosecuted the offense or act in violation of section 2923.42 13,356
of the Revised Code, may do any of the following: 13,358
(a) Grant petitions for mitigation or remission of 13,360
forfeiture, restore forfeited property to victims of a violation 13,361
of section 2923.42 of the Revised Code, or take any other action 13,362
to protect the rights of innocent persons that is in the interest 13,363
of justice and that is not inconsistent with this section; 13,364
(b) Compromise claims that arise under this section; 13,366
(c) Award compensation to persons who provide information 13,368
resulting in a forfeiture under this section; 13,369
(d) Direct the disposition by the prosecuting attorney who 13,371
prosecuted the offense or act in violation of section 2923.42 of 13,373
the Revised Code, in accordance with section 2923.46 of the 13,374
310
Revised Code, of all property ordered forfeited under this 13,375
section, making due provision for the rights of innocent persons; 13,377
(e) Pending the disposition of any property that is the 13,379
subject of an order of forfeiture under this section, take any 13,380
appropriate measures that are necessary to safeguard and maintain 13,381
the property. 13,382
(3) To facilitate the identification and location of 13,384
property that is the subject of an order of forfeiture under this 13,385
section and to facilitate the disposition of petitions for 13,386
remission or mitigation issued under division (E)(2) of this 13,387
section, after the issuance of an order of forfeiture under this 13,388
section and upon application by the prosecuting attorney who 13,389
prosecuted the offense or act in violation of section 2923.42 of 13,391
the Revised Code, the court may order that the testimony of any 13,393
witness relating to the forfeited property be taken by 13,394
deposition, and that any designated book, paper, document, 13,395
record, recording, or other material that is not privileged be 13,396
produced at the same time and place as the testimony, in the same 13,397
manner as provided for the taking of depositions under the Rules 13,398
of Civil Procedure.
(F)(1) Except as provided in divisions (F)(2) to (5) of 13,400
this section, no person claiming any right, title, or interest in 13,401
property subject to forfeiture under this section or section 13,402
2923.45 of the Revised Code may intervene in a criminal trial or 13,404
appeal, or a delinquent child proceeding or appeal, involving the 13,405
forfeiture of the property under this section or in a civil 13,406
action for a civil forfeiture under section 2923.45 of the 13,407
Revised Code or may commence an action at law or equity against 13,409
the state concerning the validity of the person's alleged right,
title, or interest in the property subsequent to the filing of an 13,410
indictment, complaint, or information alleging that the property 13,411
is subject to forfeiture under this section or subsequent to the 13,412
filing of a complaint, INDICTMENT, OR INFORMATION alleging that a 13,414
juvenile who has any right, title, or interest in the property is 13,415
311
a delinquent child because of the commission of an act that is a 13,416
violation of section 2923.42 of the Revised Code and alleging 13,418
that the property is subject to forfeiture under this section. 13,419
(2) After the entry of an order of forfeiture under this 13,421
section, the prosecuting attorney who prosecuted the offense or 13,422
act in violation of section 2923.42 of the Revised Code shall 13,423
conduct or cause to be conducted a search of the appropriate 13,425
public records that relate to the property and shall make or 13,426
cause to be made reasonably diligent inquiries for the purpose of 13,427
identifying persons who have any right, title, or interest in the 13,428
property. The prosecuting attorney then shall cause a notice of 13,429
the order of forfeiture, of the prosecuting attorney's intent to 13,430
dispose of the property in accordance with section 2923.46 of the 13,431
Revised Code, and of the manner of the proposed disposal to be 13,433
given by certified mail, return receipt requested, or by personal 13,434
service to each person who is known, because of the conduct of 13,435
the search, the making of the inquiries, or otherwise, to have 13,436
any right, title, or interest in the property. Additionally, the 13,437
prosecuting attorney shall cause a similar notice to be published 13,438
once a week for two consecutive weeks in a newspaper of general 13,439
circulation in the county in which the property was seized. 13,440
(3)(a) Any person, other than the adult offender whose 13,442
conviction or guilty plea or the delinquent child whose 13,443
adjudication is the basis of the order of forfeiture, who asserts 13,444
a legal right, title, or interest in the property that is the 13,445
subject of the order may petition the court that issued the 13,446
order, within thirty days after the earlier of the final 13,447
publication of notice or the person's receipt of notice under 13,448
division (F)(2) of this section, for a hearing to adjudicate the 13,449
validity of the person's alleged right, title, or interest in the 13,451
property. The petition shall be signed by the petitioner under 13,452
the penalties for falsification as specified in section 2921.13 13,453
of the Revised Code and shall set forth the nature and extent of 13,454
the petitioner's right, title, or interest in the property, the 13,455
312
time and circumstances of the petitioner's acquisition of that 13,456
right, title, or interest, any additional facts supporting the 13,457
petitioner's claim, and the relief sought. 13,458
(b) In lieu of filing a petition as described in division 13,460
(F)(3)(a) of this section, a secured party or other lienholder of 13,462
record that asserts a legal right, title, or interest in the 13,463
property that is the subject of the order, including, but not 13,464
limited to, a mortgage, security interest, or other type of lien, 13,465
may file an affidavit as described in division (F)(3)(b) of this 13,467
section to establish the validity of the alleged right, title, or 13,468
interest in the property. The secured party or lienholder shall 13,469
file the affidavit within thirty days after the earlier of the 13,471
final publication of notice or the receipt of notice under 13,472
division (F)(2) of this section and, except as otherwise provided 13,473
in this section, the affidavit shall constitute prima-facie
evidence of the validity of the secured party's or other 13,474
lienholder's alleged right, title, or interest in the property. 13,475
Unless the prosecuting attorney files a motion challenging the 13,476
affidavit within ten days after its filing and unless the 13,477
prosecuting attorney establishes by a preponderance of the 13,478
evidence at a subsequent hearing before the court that issued the 13,480
forfeiture order, that the secured party or other lienholder does 13,481
not possess the alleged right, title, or interest in the property 13,482
or that the secured party or other lienholder had actual
knowledge of facts pertaining to the violation that was the basis 13,483
of the forfeiture order, the affidavit shall constitute 13,485
conclusive evidence of the validity of the secured party's or 13,486
other lienholder's right, title, or interest in the property and 13,487
shall have the legal effect described in division (G)(2) of this 13,488
section. To the extent practicable and consistent with the 13,489
interests of justice, the court shall hold any hearing held 13,490
pursuant to division (F)(3)(b) of this section within thirty days 13,491
after the prosecuting attorney files the motion. At any such 13,492
hearing, the prosecuting attorney and the secured party or other 13,493
313
lienholder may present evidence and witnesses and may 13,494
cross-examine witnesses.
In order to be valid for the purposes of this division and 13,496
division (G)(2) of this section, the affidavit of a secured party 13,497
or other lienholder shall contain averments that the secured 13,498
party or other lienholder acquired its alleged right, title, or 13,499
interest in the property in the regular course of its business, 13,500
for a specified valuable consideration, without actual knowledge 13,501
of any facts pertaining to the violation that was the basis of 13,502
the forfeiture order, in good faith and without the intent to 13,504
prevent or otherwise impede the state from seizing or obtaining a 13,505
forfeiture of the property under sections 2923.44 to 2923.47 of 13,506
the Revised Code, and prior to the seizure or forfeiture of the 13,507
property under those sections.
(4) Upon receipt of a petition filed under division (F)(3) 13,509
of this section, the court shall hold a hearing to determine the 13,510
validity of the petitioner's right, title, or interest in the 13,511
property that is the subject of the order of forfeiture. To the 13,512
extent practicable and consistent with the interests of justice, 13,513
the court shall hold the hearing within thirty days after the 13,514
filing of the petition. The court may consolidate the hearing on 13,515
the petition with a hearing on any other petition filed by a 13,516
person other than the offender whose conviction or guilty plea or 13,517
adjudication as a delinquent child is the basis of the order of 13,518
forfeiture. At the hearing, the petitioner may testify, present 13,519
evidence and witnesses on the petitioner's behalf, and 13,520
cross-examine witnesses for the state. The state may present 13,521
evidence and witnesses in rebuttal and in defense of its claim to 13,522
the property and cross-examine witnesses for the petitioner. In 13,523
addition to evidence and testimony presented at the hearing, the 13,524
court shall consider the relevant portions of the record in the 13,525
case that resulted in the order of forfeiture. 13,527
(5)(a) The court shall amend its order of forfeiture in 13,529
accordance with its determination if it determines at the hearing 13,531
314
that the petitioner has established either of the following by a 13,532
preponderance of the evidence:
(i) The petitioner has a legal right, title, or interest 13,534
in the property that renders the order of forfeiture completely 13,535
or partially invalid because it was vested in the petitioner, 13,536
rather than the adult offender whose conviction or guilty plea or 13,537
the delinquent child whose adjudication is the basis of the 13,538
order, or was superior to any right, title, or interest of that 13,539
adult offender or delinquent child, at the time of the commission 13,540
of the violation that is the basis of the order. 13,541
(ii) The petitioner is a bona fide purchaser for value of 13,543
the right, title, or interest in the property and was at the time 13,544
of the purchase reasonably without cause to believe that it was 13,545
subject to forfeiture under this section. 13,546
(b) The court also shall amend its order of forfeiture to 13,548
reflect any right, title, or interest of a secured party or other 13,549
lienholder of record in the property subject to the order that 13,550
was established pursuant to division (F)(3)(b) of this section by 13,552
means of an affidavit, or that was established pursuant to that 13,553
division by the failure of a prosecuting attorney to establish, 13,554
in a hearing as described in that division, that the secured 13,555
party or other lienholder did not possess the alleged right, 13,556
title, or interest in the property or that the secured party or 13,557
other lienholder had actual knowledge of facts pertaining to the 13,558
violation that was the basis of the order. 13,559
(G)(1) Subject to division (G)(2) of this section, if the 13,562
court has disposed of all petitions filed under division (F) of 13,563
this section or if no petitions are filed under that division and 13,564
the time for filing petitions under that division has expired, 13,565
the state shall have clear title to all property that is the 13,566
subject of an order of forfeiture issued under this section and 13,567
may warrant good title to any subsequent purchaser or other 13,568
transferee. 13,569
(2) If an affidavit as described in division (F)(3)(b) of 13,572
315
this section is filed in accordance with that division, if the 13,573
affidavit constitutes under the circumstances described in that 13,574
division conclusive evidence of the validity of the right, title, 13,576
or interest of a secured party or other lienholder of record in 13,577
the property subject to a forfeiture order, and if any mortgage, 13,578
security interest, or other type of lien possessed by the secured 13,579
party or other lienholder in connection with the property is not 13,580
satisfied prior to a sale or other disposition of the property 13,581
pursuant to section 2923.46 of the Revised Code, then the right, 13,583
title, or interest of the secured party or other lienholder in 13,584
the property remains valid for purposes of sections 2923.44 to 13,585
2923.47 of the Revised Code and any subsequent purchaser or other 13,586
transferee of the property pursuant to section 2923.46 of the 13,587
Revised Code shall take the property subject to the continued 13,588
validity of the right, title, or interest of the secured party or 13,589
other lienholder in the property.
Sec. 2923.45. (A) The following property is subject to 13,598
forfeiture to the state in a civil action as described in 13,599
division (E) of this section, and no person has any right, title, 13,600
or interest in the following property: 13,601
(1) Any property that constitutes, or is derived directly 13,603
or indirectly from, any proceeds that a person obtained directly 13,604
or indirectly from the commission of an act that, upon the filing 13,605
of an indictment, complaint, or information, could be prosecuted 13,607
as a violation of section 2923.42 of the Revised Code or that, 13,608
upon the filing of a complaint, INDICTMENT, OR INFORMATION, could 13,609
be the basis for finding a juvenile to be a delinquent child for 13,611
committing an act that is a violation of section 2923.42 of the 13,612
Revised Code;
(2) Any property that was used or intended to be used in 13,614
any manner to commit, or to facilitate the commission of, an act 13,615
that, upon the filing of an indictment, complaint, or 13,616
information, could be prosecuted as a violation of section 13,617
2923.42 of the Revised Code or that, upon the filing of a 13,619
316
complaint, INDICTMENT, OR INFORMATION, could be the basis for 13,621
finding a juvenile to be a delinquent child for committing an act 13,622
that is a violation of section 2923.42 of the Revised Code. 13,623
(B)(1) All right, title, and interest in property 13,625
described in division (A) of this section shall vest in the state 13,626
upon the commission of the act giving rise to a civil forfeiture 13,627
under this section. 13,628
(2) The provisions of section 2933.43 of the Revised Code 13,631
relating to the procedures for the forfeiture of contraband do 13,632
not apply to a civil action to obtain a civil forfeiture under 13,633
this section. 13,634
(3) Any property taken or detained pursuant to this 13,636
section is not subject to replevin and is considered to be in the 13,637
custody of the head of the law enforcement agency that seized the 13,638
property. 13,639
This section does not preclude the head of a law 13,641
enforcement agency that seizes property from seeking the 13,642
forfeiture of that property pursuant to federal law. If the head 13,644
of a law enforcement agency that seizes property does not seek 13,645
the forfeiture of that property pursuant to federal law and if 13,646
the property is subject to forfeiture under this section, the 13,647
property is subject only to the orders of the court of common
pleas of the county in which the property is located, and it 13,648
shall be disposed of in accordance with section 2923.46 of the 13,649
Revised Code. 13,650
(4) Nothing in this section precludes a financial 13,652
institution that has or purports to have a security interest in 13,653
or lien on property described in division (A) of this section 13,654
from commencing a civil action or taking other appropriate legal 13,655
action in connection with the property, prior to its disposition 13,656
in accordance with section 2923.46 of the Revised Code, for the 13,658
purpose of obtaining possession of the property in order to
foreclose or otherwise enforce the security interest or lien. A 13,659
financial institution may commence a civil action or take other 13,660
317
appropriate legal action for that purpose prior to the 13,661
disposition of the property in accordance with section 2923.46 of 13,662
the Revised Code, even if a civil action to obtain a civil 13,663
forfeiture has been or could be commenced under this section, 13,664
even if the property is or could be the subject of an order of 13,665
civil forfeiture issued under this section, and even if the 13,666
property has been seized or is subject to seizure pursuant to 13,667
this section. 13,668
If a financial institution commences a civil action or 13,670
takes any other appropriate legal action as described in this 13,671
division, if the financial institution subsequently causes the 13,672
sale of the property prior to its seizure pursuant to this 13,673
section and its disposition pursuant to section 2923.46 of the 13,674
Revised Code, and if the person responsible for the conduct of 13,676
the sale has actual knowledge of the commencement of a civil 13,677
action to obtain a civil forfeiture under this section or actual 13,678
knowledge of an order of civil forfeiture issued under this 13,679
section, then the person responsible for the conduct of the sale 13,680
shall dispose of the proceeds of the sale in the following order: 13,681
(a) First, to the payment of the costs of the sale and to 13,683
the payment of the costs incurred by law enforcement agencies and 13,684
financial institutions in connection with the seizure of, storage 13,685
of, maintenance of, and provision of security for the property. 13,686
As used in this division, "costs" of a financial institution do 13,687
not include attorney's fees incurred by that institution in 13,688
connection with the property. 13,689
(b) Second, the remaining proceeds of the sale after 13,691
compliance with division (B)(4)(a) of this section, to the 13,693
payment in the order of priority of the security interests and 13,694
liens of valid security interests and liens pertaining to the 13,695
property that, at the time of the vesting in the state under 13,696
division (B)(1) of this section of the right, title, or interest 13,698
of the adult or juvenile, are held by known secured parties and
lienholders; 13,699
318
(c) Third, the remaining proceeds of the sale after 13,701
compliance with division (B)(4)(b) of this section, to the court 13,703
that has or would have jurisdiction in a civil action to obtain a
civil forfeiture under this section, for disposition in 13,704
accordance with section 2923.46 of the Revised Code. 13,705
(C)(1) A law enforcement officer may seize any property 13,707
that is subject to civil forfeiture under this section upon 13,710
process, or a warrant as described in division (C)(2) of this 13,711
section, issued by a court of common pleas that has jurisdiction 13,712
over the property. Additionally, a law enforcement officer may
seize the property, without process or a warrant being so issued, 13,714
when any of the following applies: 13,716
(a) The seizure is incident to an arrest, a search under a 13,718
search warrant, a lawful search without a search warrant, or an 13,719
inspection under an administrative inspection warrant. 13,720
(b) The property is the subject of a prior judgment in 13,722
favor of the state in a restraining order, injunction, or other 13,723
preservation order proceeding under section 2923.44 of the 13,724
Revised Code, or is the subject of a forfeiture order issued 13,725
pursuant to that section. 13,726
(c) The law enforcement officer has probable cause to 13,728
believe that the property is directly or indirectly dangerous to 13,729
the public health or safety. 13,730
(d) The initial intrusion by the law enforcement officer 13,732
afforded the officer with plain view of personal property that is 13,733
subject to civil forfeiture in a civil action under this section, 13,734
the initial intrusion by the law enforcement officer was lawful, 13,735
the discovery of the personal property by the law enforcement 13,736
officer was inadvertent, and the incriminating nature of the 13,737
personal property was immediately apparent to the law enforcement 13,738
officer.
(2) For purposes of division (C)(1) of this section, the 13,740
state may request a court of common pleas to issue a warrant that 13,741
authorizes the seizure of property that is subject to civil 13,742
319
forfeiture under this section, in the same manner as provided in 13,743
Criminal Rule 41 and Chapter 2933. of the Revised Code for the 13,745
issuance of a search warrant. For purposes of division (C)(1) of 13,747
this section, any proceeding before a court of common pleas that 13,748
involves a request for the issuance of process, or a warrant as 13,749
described in this division, authorizing the seizure of any 13,750
property that is subject to civil forfeiture under this section 13,751
shall be recorded by shorthand, by stenotype, or by any other 13,752
mechanical, electronic, or video recording device. The recording 13,753
of and any transcript of the recording of such a proceeding shall 13,754
not be a public record for purposes of section 149.43 of the 13,755
Revised Code until the property has been seized pursuant to the 13,757
process or warrant. This division does not require, authorize, 13,759
or permit the making available for inspection, or the copying, 13,760
under section 149.43 of the Revised Code of any confidential law 13,761
enforcement investigatory record or trial preparation record, as 13,762
defined in that section.
(3) If property is seized pursuant to division (C)(1) of 13,764
this section and if a civil action to obtain a civil forfeiture 13,765
under this section, a criminal action that could result in a 13,766
criminal forfeiture under section 2923.44 of the Revised Code, or 13,768
a delinquent child proceeding that could result in a criminal 13,769
forfeiture under that section is not pending at the time of the 13,770
seizure or previously did not occur in connection with the 13,771
property, then the prosecuting attorney of the county in which 13,772
the seizure occurred promptly shall commence a civil action to 13,773
obtain a civil forfeiture under this section in connection with 13,774
the property, unless an indictment, complaint, or information 13,776
alleging the commission of a violation of section 2923.42 of the 13,777
Revised Code or a complaint, OR INDICTMENT, OR INFORMATION 13,778
alleging that a juvenile is a delinquent child because of the 13,780
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 13,783
action. Nothing in division (C)(3) of this section precludes the 13,784
320
filing of an indictment, complaint, or information alleging the 13,785
commission of a violation of section 2923.42 of the Revised Code 13,786
or the filing of a complaint, INDICTMENT, OR INFORMATION alleging 13,787
that a juvenile is a delinquent child because of the commission 13,788
of an act that is a violation of section 2923.42 of the Revised 13,789
Code, after the commencement of a civil action to obtain a civil 13,791
forfeiture under this section.
(D)(1) The filing of an indictment, complaint, or 13,793
information alleging the commission of a violation of section 13,794
2923.42 of the Revised Code that also is the basis of a civil 13,796
action for a civil forfeiture under this section, or the filing 13,797
of a complaint, INDICTMENT, OR INFORMATION alleging that a 13,798
juvenile is a delinquent child because of the commission of an 13,801
act that is a violation of section 2923.42 of the Revised Code, 13,802
and that also is the basis of a civil action for a civil 13,804
forfeiture under this section, upon the motion of the prosecuting 13,805
attorney of the county in which the indictment, complaint, or 13,806
information or the complaint, INDICTMENT, OR INFORMATION in the 13,807
delinquent child proceeding is filed, shall stay the civil 13,808
action.
(2) A civil action to obtain a civil forfeiture under this 13,810
section may be commenced as described in division (E) of this 13,811
section whether or not the adult or juvenile who committed a 13,812
violation of section 2923.42 of the Revised Code or an act that 13,813
is a violation of section 2923.42 of the Revised Code has been 13,814
charged by an indictment, complaint, or information with the 13,815
commission of a violation of that section, has pleaded guilty to 13,816
or been found guilty of a violation of that section, has been 13,817
determined to be a delinquent child for the commission of a 13,818
violation of that section, has been found not guilty of 13,819
committing a violation of that section, or has not been
determined to be a delinquent child for the alleged commission of 13,820
a violation of that section. 13,821
(E)(1) The prosecuting attorney of the county in which 13,823
321
property described in division (A) of this section is located may 13,824
commence a civil action to obtain a civil forfeiture under this 13,825
section by filing in the court of common pleas of that county a 13,826
complaint that requests the issuance of an order of civil 13,827
forfeiture of the property to the state. Notices of the action 13,828
shall be served and published in accordance with division (E)(2) 13,829
of this section. 13,830
(2) Prior to or simultaneously with the commencement of 13,832
the civil action as described in division (E)(1) of this section, 13,833
the prosecuting attorney shall conduct or cause to be conducted a 13,834
search of the appropriate public records that relate to the 13,835
property subject to civil forfeiture, and shall make or cause to 13,836
be made reasonably diligent inquiries, for the purpose of 13,837
identifying persons who have any right, title, or interest in the 13,838
property. The prosecuting attorney then shall cause a notice of 13,839
the commencement of the civil action, together with a copy of the 13,840
complaint filed in it, to be given to each person who is known, 13,841
because of the conduct of the search, the making of the 13,842
inquiries, or otherwise, to have any right, title, or interest in 13,843
the property, by certified mail, return receipt requested, or by 13,844
personal service. Additionally, the prosecuting attorney shall 13,845
cause a similar notice to be published once a week for two 13,846
consecutive weeks in a newspaper of general circulation in the 13,847
county in which the property is located. 13,848
(3) The procedures specified in divisions (F)(3) to (5) of 13,850
section 2923.44 of the Revised Code apply to persons claiming any 13,852
right, title, or interest in property subject to civil forfeiture
under this section. The references in those divisions to the 13,853
adult offender whose conviction or guilty plea, or the delinquent 13,854
child whose adjudication, is the basis of an order of criminal 13,855
forfeiture shall be construed for purposes of this section to 13,856
mean the adult or juvenile who committed the act that could be 13,857
the basis of an order of civil forfeiture under this section, and 13,858
the references in those divisions to an issued order of criminal 13,859
322
forfeiture shall be inapplicable. 13,860
(4) A hearing shall be held in the civil action described 13,862
in division (E)(1) of this section at least thirty days after the 13,863
final publication of notice as required by division (E)(2) of 13,864
this section and after the date of completion of the service of 13,865
notice by personal service or certified mail, return receipt 13,866
requested, as required by that division. Following the hearing, 13,867
the court shall issue the requested order of civil forfeiture if 13,868
the court determines that the prosecuting attorney has proven by 13,869
clear and convincing evidence that the property in question is 13,870
property as described in division (A)(1) or (2) of this section 13,871
and if the court has disposed of all petitions filed under 13,872
division (E)(3) of this section or no petitions have been so 13,873
filed and the time for filing them has expired. An order of 13,874
civil forfeiture so issued shall state that all right, title, and 13,875
interest in the property in question of the adult or juvenile who 13,876
committed the act that is the basis of the order is forfeited to 13,877
the state and shall make due provision for the right, title, or 13,878
interest in that property of any other person in accordance with 13,879
any determinations made by the court under division (E)(3) of 13,880
this section and in accordance with divisions (F)(5)(b) and 13,882
(G)(2) of section 2923.44 of the Revised Code. 13,883
(5) Subject to division (G)(2) of section 2923.44 of the 13,885
Revised Code, if a court of common pleas enters an order of civil 13,887
forfeiture in accordance with division (E) of this section, the 13,888
state shall have clear title to the property that is the subject 13,889
of the order and may warrant good title to any subsequent 13,890
purchaser or other transferee. 13,891
Sec. 2925.42. (A)(1) In accordance with division (B) of 13,900
this section, a person who is convicted of or pleads guilty to a 13,901
felony drug abuse offense, and any juvenile who is found by a 13,902
juvenile court to be a delinquent child for an act that, if 13,903
committed by an adult, would be a felony drug abuse offense, 13,904
loses any right to the possession of property and forfeits to the 13,905
323
state any right, title, and interest the person may have in that 13,906
property if either of the following applies: 13,907
(a) The property constitutes, or is derived directly or 13,909
indirectly from, any proceeds that the person obtained directly 13,910
or indirectly from the commission of the felony drug abuse 13,911
offense or act. 13,912
(b) The property was used or intended to be used in any 13,914
manner to commit, or to facilitate the commission of, the felony 13,915
drug abuse offense or act. 13,916
(2) All right, title, and interest of a person in property 13,918
described in division (A)(1) of this section vests in the state 13,919
upon the person's commission of the felony drug abuse offense of 13,920
which the person is convicted or to which the person pleads 13,921
guilty and that is the basis of the forfeiture, or upon the 13,922
juvenile's commission of the act that, if committed by an adult, 13,923
would be a felony drug abuse offense, that is the basis of the 13,924
juvenile being found to be a delinquent child, and that is the 13,925
basis of the forfeiture. Subject to divisions (F)(3)(b) and 13,926
(5)(b) and (G)(2) of this section, if any right, title, or 13,927
interest in property is vested in this state under this division 13,928
and subsequently is transferred to a person other than the 13,929
offender who forfeits the right, title, or interest under 13,930
division (A)(1) of this section, then, in accordance with 13,931
division (B) of this section, the right, title, or interest in 13,932
the property may be the subject of a special verdict of 13,933
forfeiture and, after any special verdict of forfeiture, shall be 13,934
ordered forfeited to this state, unless the transferee 13,935
establishes in a hearing held pursuant to division (F) of this 13,936
section that the transferee is a bona fide purchaser for value of 13,937
the right, title, or interest in the property and that, at the
time of its purchase, the transferee was reasonably without cause 13,938
to believe that it was subject to forfeiture under this section. 13,939
(3) The provisions of section 2925.43 of the Revised Code 13,941
that relate to the forfeiture of any right, title, or interest in 13,942
324
property associated with a felony drug abuse offense pursuant to 13,943
a civil action to obtain a civil forfeiture do not apply to the 13,944
forfeiture of any right, title, or interest in property described 13,945
in division (A)(1) of this section that occurs pursuant to 13,946
division (B) of this section upon a person's conviction of or 13,947
guilty plea to a felony drug abuse offense or upon a juvenile 13,948
being found by a juvenile court to be a delinquent child for an 13,949
act that, if committed by an adult, would be a felony drug abuse 13,950
offense. 13,951
(4) Nothing in this section precludes a financial 13,953
institution that has or purports to have a security interest in 13,954
or lien on property described in division (A)(1) of this section 13,955
from commencing a civil action or taking other appropriate legal 13,956
action in connection with the property, prior to its disposition 13,957
in accordance with section 2925.44 of the Revised Code, for the 13,958
purpose of obtaining possession of the property in order to 13,959
foreclose or otherwise enforce the security interest or lien. A 13,960
financial institution may commence a civil action or take other 13,961
appropriate legal action for that purpose prior to the 13,962
disposition of the property in accordance with section 2925.44 of 13,963
the Revised Code, even if a felony drug abuse offense prosecution 13,964
or a delinquent child proceeding for an act that, if committed by 13,965
an adult, would be a felony drug abuse offense has been or could 13,966
be commenced, even if the property is or could be the subject of 13,967
an order of forfeiture issued under division (B)(5) of this 13,968
section, and even if the property has been seized or is subject 13,969
to seizure pursuant to division (D) or (E) of this section. 13,970
If a financial institution commences a civil action or 13,972
takes any other appropriate legal action as described in this 13,973
division, if the financial institution subsequently causes the 13,974
sale of the property prior to its seizure pursuant to division 13,975
(D) or (E) of this section and its disposition pursuant to 13,976
section 2925.44 of the Revised Code, and if the person 13,977
responsible for the conduct of the sale has actual knowledge of 13,978
325
the commencement of a felony drug abuse offense prosecution or of 13,979
a delinquent child proceeding for an act that, if committed by an 13,980
adult, would be a felony drug abuse offense, actual knowledge of 13,981
a pending forfeiture proceeding under division (B) of this 13,982
section, or actual knowledge of an order of forfeiture issued 13,983
under division (B)(5) of this section, then the person 13,984
responsible for the conduct of the sale shall dispose of the 13,985
proceeds of the sale in the following order: 13,986
(a) First, to the payment of the costs of the sale and to 13,988
the payment of the costs incurred by law enforcement agencies and 13,989
financial institutions in connection with the seizure of, storage 13,990
of, maintenance of, and provision of security for the property. 13,991
As used in this division, "costs" of a financial institution do 13,992
not include attorney's fees incurred by that institution in 13,993
connection with the property. 13,994
(b) Second, the remaining proceeds of the sale after 13,996
compliance with division (A)(4)(a) of this section, to the 13,997
payment of valid security interests and liens pertaining to the 13,998
property that, at the time of the vesting of the right, title, or 13,999
interest of the adult or juvenile in the state under division 14,000
(A)(2) of this section, are held by known secured parties and 14,001
lienholders, in the order of priority of those security interests 14,002
and liens; 14,003
(c) Third, the remaining proceeds of the sale after 14,005
compliance with division (A)(4)(b) of this section, to the court 14,006
that has or would have jurisdiction in a felony drug abuse 14,007
offense prosecution or a delinquent child proceeding for an act 14,008
that, if committed by an adult, would be a felony drug abuse 14,009
offense, for disposition in accordance with section 2925.44 of 14,010
the Revised Code. 14,011
(B)(1) A criminal forfeiture of any right, title, or 14,013
interest in property described in division (A)(1) of this section 14,014
is precluded unless one of the following applies: 14,015
(a) The indictment, count in the indictment, or 14,017
326
information charging the felony drug abuse offense specifies the 14,018
nature of the right, title, or interest of the alleged offender 14,019
in the property described in division (A)(1) of this section that 14,020
is potentially subject to forfeiture under this section, or a 14,021
description of the property of the alleged offender that is 14,022
potentially subject to forfeiture under this section, to the 14,023
extent the right, title, or interest in the property or the 14,024
property reasonably is known at the time of the filing of the 14,025
indictment or information; or the complaint, INDICTMENT, OR 14,026
INFORMATION charging a juvenile with being a delinquent child for 14,029
the commission of an act that, if committed by an adult, would be 14,030
a felony drug abuse offense specifies the nature of the right, 14,031
title, or interest of the juvenile in the property described in 14,032
division (A)(1) of this section that is potentially subject to 14,033
forfeiture under this section, or a description of the property 14,034
of the juvenile that is potentially subject to forfeiture under 14,035
this section, to the extent the right, title, or interest in the 14,036
property or the property reasonably is known at the time of the 14,037
filing of the complaint, INDICTMENT, OR INFORMATION. 14,038
(b) The property in question was not reasonably foreseen 14,040
to be subject to forfeiture under this section at the time of the 14,041
filing of the indictment, information, or complaint, the 14,042
prosecuting attorney gave prompt notice to the alleged offender 14,043
or juvenile of that property when it was discovered to be subject 14,044
to forfeiture under this section, and a verdict of forfeiture 14,045
described in division (B)(3) of this section requires the 14,046
forfeiture of that property. 14,047
(2) The specifications described in division (B)(1) of 14,049
this section shall be stated at the end of the body of the 14,050
indictment, count in the indictment, information, or complaint. 14,051
(3)(a) If a person is convicted of or pleads guilty to a 14,053
felony drug abuse offense, or a juvenile is found to be a 14,054
delinquent child for an act that, if committed by an adult, would 14,055
be a felony drug abuse offense, then a special proceeding shall 14,056
327
be conducted in accordance with this division to determine 14,057
whether any property described in division (B)(1)(a) or (b) of 14,058
this section will be the subject of an order of forfeiture under 14,059
this section. Except as otherwise provided in division (B)(3)(b) 14,060
of this section, the jury in the felony drug abuse offense 14,061
criminal action or in the delinquent child action or, if that 14,062
action was a nonjury action, the judge in that action shall hear 14,063
and consider testimony and other evidence in the proceeding 14,064
relative to whether any property described in division (B)(1)(a) 14,065
or (b) of this section is subject to forfeiture under this 14,066
section. If the jury or judge determines that the prosecuting 14,067
attorney has established, by a preponderance of the evidence, 14,068
that any property so described is subject to forfeiture under 14,069
this section, the judge or juvenile judge shall render a verdict 14,070
of forfeiture that specifically describes the right, title, or 14,071
interest in property or the property that is subject to 14,072
forfeiture under this section. The Rules of Evidence shall apply 14,073
in the proceeding. 14,074
(b) If the trier of fact in a felony drug abuse offense 14,076
criminal action or in a delinquent child action was a jury, then, 14,077
upon the filing of a motion by the person who was convicted of or 14,078
pleaded guilty to the felony drug abuse offense or upon the 14,079
filing of a motion by the juvenile who was found to be a 14,080
delinquent child for an act that, if committed by an adult, would 14,081
be a felony drug abuse offense, the determinations in the 14,082
proceeding described in this division instead shall be made by 14,083
the judge in the felony drug abuse offense criminal action or the 14,084
juvenile judge. 14,085
(4) In a felony drug abuse offense criminal action or in a 14,087
delinquent child action, if the trier of fact is a jury, the jury 14,088
shall not be informed of any specification described in division 14,089
(B)(1)(a) of this section or of any property described in that 14,090
division or division (B)(1)(b) of this section prior to the 14,091
alleged offender being convicted of or pleading guilty to the 14,092
328
felony drug abuse offense or prior to the juvenile being found to 14,093
be a delinquent child for the commission of an act that, if 14,094
committed by an adult, would be a felony drug abuse offense. 14,095
(5)(a) If a verdict of forfeiture is entered pursuant to 14,097
division (B)(3) of this section, then the court that imposes 14,098
sentence upon a person who is convicted of or pleads guilty to a 14,099
felony drug abuse offense, or the juvenile court that finds a 14,100
juvenile to be a delinquent child for an act that, if committed 14,101
by an adult, would be a felony drug abuse offense, in addition to 14,102
any other sentence imposed upon the offender or order of 14,103
disposition imposed upon the delinquent child, shall order that 14,104
the offender or delinquent child forfeit to the state all of the 14,106
offender's or delinquent child's right, title, and interest in
the property described in division (A)(1) of this section. If a 14,107
person is convicted of or pleads guilty to a felony drug abuse 14,108
offense, or a juvenile is found by a juvenile court to be a 14,109
delinquent child for an act that, if committed by an adult, would 14,110
be a felony drug abuse offense, and derives profits or other 14,111
proceeds from the offense or act, the court that imposes sentence 14,112
or an order of disposition upon the offender or delinquent child, 14,113
in lieu of any fine that the court is otherwise authorized or 14,115
required to impose, may impose upon the offender or delinquent 14,116
child a fine of not more than twice the gross profits or other 14,117
proceeds so derived. 14,118
(b) Notwithstanding any contrary provision of section 14,120
3719.21 of the Revised Code, all fines imposed pursuant to this 14,121
division shall be paid by the clerk of the court to the county, 14,122
municipal corporation, township, park district, as created 14,123
pursuant to section 511.18 or 1545.01 of the Revised Code, or 14,124
state law enforcement agencies in this state that were primarily 14,125
responsible for or involved in making the arrest of, and in 14,126
prosecuting, the offender. However, no fine so imposed shall be 14,127
paid to a law enforcement agency unless the agency has adopted a 14,128
written internal control policy under division (F)(2) of section 14,130
329
2925.03 of the Revised Code that addresses the use of the fine 14,131
moneys that it receives under this division and division (F)(1) 14,133
of section 2925.03 of the Revised Code. The fines imposed and 14,134
paid pursuant to this division shall be used by the law 14,135
enforcement agencies to subsidize their efforts pertaining to 14,136
drug offenses, in accordance with the written internal control 14,137
policy adopted by the recipient agency under division (F)(2) of 14,139
section 2925.03 of the Revised Code. 14,140
(c) As used in division (B)(5) of this section: 14,142
(i) "Law enforcement agencies" includes, but is not 14,144
limited to, the state board of pharmacy and the office of a 14,145
prosecutor. 14,146
(ii) "Prosecutor" has the same meaning as in section 14,148
2935.01 of the Revised Code. 14,149
(6) If any of the property that is described in division 14,151
(A)(1) of this section and that is the subject of an order of 14,152
forfeiture issued under division (B)(5) of this section, because 14,153
of an act or omission of the person who is convicted of or pleads 14,154
guilty to the felony drug abuse offense that is the basis of the 14,155
order of forfeiture, or an act or omission of the juvenile found 14,156
by a juvenile court to be a delinquent child for an act that, if 14,157
committed by an adult, would be a felony drug abuse offense and 14,158
that is the basis of the forfeiture, cannot be located upon the 14,159
exercise of due diligence, has been transferred to, sold to, or 14,160
deposited with a third party, has been placed beyond the 14,161
jurisdiction of the court, has been substantially diminished in 14,162
value, or has been commingled with other property that cannot be 14,163
divided without difficulty, the court that issues the order of 14,164
forfeiture shall order the forfeiture of any other property of 14,165
the offender up to the value of any forfeited property described 14,166
in this division. 14,167
(C) There shall be a rebuttable presumption that any 14,169
right, title, or interest of a person in property described in 14,170
division (A)(1) of this section is subject to forfeiture under 14,171
330
division (B) of this section, if the state proves both of the 14,172
following by a preponderance of the evidence: 14,173
(1) The right, title, or interest in the property was 14,175
acquired by the offender during the period of the commission of 14,176
the felony drug abuse offense or act that, if committed by an 14,177
adult, would be a felony drug abuse offense, or within a 14,178
reasonable time after that period. 14,179
(2) There is no likely source for the right, title, or 14,181
interest in the property other than proceeds obtained from the 14,182
commission of the felony drug abuse offense or act. 14,183
(D)(1) Upon the application of the prosecuting attorney 14,185
who is prosecuting or has jurisdiction to prosecute the felony 14,186
drug abuse offense or act, the court of common pleas or juvenile 14,187
court of the county in which property subject to forfeiture under 14,188
division (B) of this section is located, whichever is applicable, 14,189
may issue a restraining order or injunction, an order requiring 14,190
the execution of a satisfactory performance bond, or an order 14,191
taking any other reasonable action necessary to preserve the 14,192
availability of the property, at either of the following times: 14,193
(a) Upon the filing of an indictment, complaint, or 14,195
information charging a person who has any right, title, or 14,196
interest in the property with the commission of a felony drug 14,197
abuse offense and alleging that the property with respect to 14,198
which the order is sought will be subject to forfeiture under 14,199
division (B) of this section if the person is convicted of or 14,200
pleads guilty to the offense, or upon the filing of a complaint, 14,201
INDICTMENT, OR INFORMATION alleging that a juvenile who has any 14,202
right, title, or interest in the property is a delinquent child 14,203
because of the commission of an act that, if committed by an 14,205
adult, would be a felony drug abuse offense and alleging that the 14,206
property with respect to which the order is sought will be 14,207
subject to forfeiture under division (B) of this section if the 14,208
juvenile is found to be a delinquent child because of the 14,209
commission of that act;
331
(b) Except as provided in division (D)(3) of this section, 14,211
prior to the filing of an indictment, complaint, or information 14,212
charging a person who has any right, title, or interest in the 14,213
property with the commission of a felony drug abuse offense, or 14,214
prior to the filing of a complaint, INDICTMENT, OR INFORMATION 14,215
alleging that a juvenile who has any right, title, or interest in 14,217
the property is a delinquent child because of the commission of 14,218
an act that, if committed by an adult, would be a felony drug 14,219
abuse offense, if, after notice is given to all persons known to 14,220
have any right, title, or interest in the property and an 14,221
opportunity to have a hearing on the order is given to those 14,222
persons, the court determines both of the following: 14,223
(i) There is a substantial probability that the state will 14,225
prevail on the issue of forfeiture and that failure to enter the 14,226
order will result in the property subject to forfeiture being 14,227
destroyed, removed from the jurisdiction of the court, or 14,228
otherwise being made unavailable for forfeiture. 14,229
(ii) The need to preserve the availability of the property 14,231
subject to forfeiture through the entry of the requested order 14,232
outweighs the hardship on any party against whom the order is to 14,233
be entered. 14,234
(2) Except as provided in division (D)(3) of this section, 14,236
an order issued under division (D)(1) of this section is 14,237
effective for not more than ninety days, unless extended by the 14,238
court for good cause shown or unless an indictment, complaint, or 14,239
information charging the commission of a felony drug abuse 14,240
offense or a complaint, INDICTMENT, OR INFORMATION alleging that 14,241
a juvenile is a delinquent child because of the commission of an 14,244
act that, if committed by an adult, would be a felony drug abuse 14,245
offense, is filed against any alleged adult offender or alleged 14,246
delinquent child with any right, title, or interest in the 14,247
property that is the subject of the order. 14,248
(3) A court may issue an order under division (D)(1)(b) of 14,250
this section without giving notice or an opportunity for a 14,251
332
hearing to persons known to have any right, title, or interest in 14,252
property, if the prosecuting attorney who is prosecuting or has 14,253
jurisdiction to prosecute the felony drug abuse offense or act 14,254
demonstrates that there is probable cause to believe that the 14,255
property will be subject to forfeiture under division (B) of this 14,256
section if a person with any right, title, or interest in the 14,257
property is convicted of or pleads guilty to a felony drug abuse 14,258
offense or a juvenile with any right, title, or interest in the 14,259
property is found by a juvenile court to be a delinquent child 14,260
for an act that, if committed by an adult, would be a felony drug 14,261
abuse offense, and that giving notice or an opportunity for a 14,262
hearing to persons with any right, title, or interest in the 14,263
property will jeopardize its availability for forfeiture. The 14,264
order shall be a temporary order and expire not more than ten 14,265
days after the date on which it is entered, unless it is extended 14,266
for good cause shown or unless a person with any right, title, or 14,267
interest in the property that is the subject of the order 14,268
consents to an extension for a longer period. A hearing 14,269
concerning an order issued under this division may be requested, 14,270
and, if it is requested, the court shall hold the hearing at the 14,271
earliest possible time prior to the expiration of the order. 14,272
(4) At any hearing held under division (D) of this 14,274
section, the court may receive and consider evidence and 14,275
information that is inadmissible under the Rules of Evidence. 14,276
However, each hearing held under division (D) of this section 14,277
shall be recorded by shorthand, by stenotype, or by any other 14,278
mechanical, electronic, or video recording device. If, as a 14,279
result of a hearing under division (D) of this section, property 14,280
would be seized, the recording of and any transcript of the 14,281
recording of that hearing shall not be a public record for 14,282
purposes of section 149.43 of the Revised Code until that 14,283
property has been seized pursuant to division (D) of this 14,284
section. Division (D)(4) of this section shall not be construed 14,285
as requiring, authorizing, or permitting, and does not require, 14,286
333
authorize, or permit, the making available for inspection, or the 14,287
copying, under section 149.43 of the Revised Code of any 14,288
confidential law enforcement investigatory record or trial 14,289
preparation record, as defined in that section. 14,290
(5) A prosecuting attorney or other law enforcement 14,292
officer may request the court of common pleas of the county in 14,293
which property subject to forfeiture under this section is 14,294
located to issue a warrant authorizing the seizure of that 14,295
property. The request shall be made in the same manner as 14,296
provided for a search warrant. If the court determines that 14,297
there is probable cause to believe that the property to be seized 14,298
will be subject to forfeiture under this section when a person 14,299
with any right, title, or interest in the property is convicted 14,300
of or pleads guilty to a felony drug abuse offense or when a 14,301
juvenile with any right, title, or interest in the property is 14,302
found by a juvenile court to be a delinquent child for an act 14,303
that, if committed by an adult, would be a felony drug abuse 14,304
offense, and if the court determines that any order issued under 14,305
division (D)(1), (2), or (3) of this section may not be 14,306
sufficient to ensure the availability of the property for 14,307
forfeiture, the court shall issue a warrant authorizing the 14,308
seizure of the property. 14,309
(E)(1) Upon the entry of an order of forfeiture under this 14,311
section, the court shall order an appropriate law enforcement 14,312
officer to seize all of the forfeited property upon the terms and 14,313
conditions that the court determines are proper. In addition, 14,314
upon the request of the prosecuting attorney who prosecuted the 14,315
felony drug abuse offense or act, the court shall enter any 14,316
appropriate restraining orders or injunctions, require the 14,317
execution of satisfactory performance bonds, appoint receivers, 14,318
conservators, appraisers, accountants, or trustees, or take any 14,319
other action to protect the interest of the state in the 14,320
forfeited property. Any income accruing to or derived from 14,321
property ordered forfeited under this section may be used to 14,322
334
offset ordinary and necessary expenses related to the property 14,323
that are required by law or that are necessary to protect the 14,324
interest of the state or third parties. 14,325
After forfeited property is seized, the prosecuting 14,327
attorney who prosecuted the felony drug abuse offense or act 14,328
shall direct its disposition in accordance with section 2925.44 14,329
of the Revised Code, making due provision for the rights of any 14,330
innocent persons. Any right, title, or interest in property not 14,331
exercisable by, or transferable for value to, the state shall 14,332
expire and shall not revert to the offender whose conviction or 14,333
plea of guilty or act as a delinquent child is the basis of the 14,334
order of forfeiture. Neither the adult offender or delinquent 14,335
child nor any person acting in concert with or on behalf of the 14,337
adult offender or delinquent child is eligible to purchase 14,338
forfeited property at any sale held pursuant to section 2925.44 14,339
of the Revised Code.
Upon the application of any person other than the adult 14,341
offender or delinquent child whose right, title, or interest in 14,342
the property is the subject of the order of forfeiture or any 14,343
person acting in concert with or on behalf of the adult offender 14,344
or delinquent child, the court may restrain or stay the sale or 14,346
other disposition of the property pursuant to section 2925.44 of 14,347
the Revised Code pending the conclusion of any appeal of the 14,348
felony drug abuse offense conviction or of the delinquent child 14,349
adjudication that is the basis of the order of forfeiture, if the 14,350
applicant demonstrates that proceeding with the sale or other 14,351
disposition of the property will result in irreparable injury or 14,352
loss to the applicant.
(2) With respect to property that is the subject of an 14,354
order of forfeiture issued under this section, the court that 14,355
issued the order, upon the petition of the prosecuting attorney 14,356
who prosecuted the felony drug abuse offense or act, may do any 14,357
of the following: 14,358
(a) Grant petitions for mitigation or remission of 14,360
335
forfeiture, restore forfeited property to victims of a felony 14,361
drug abuse offense, or take any other action to protect the 14,362
rights of innocent persons that is in the interest of justice and 14,363
that is not inconsistent with this section; 14,364
(b) Compromise claims that arise under this section; 14,366
(c) Award compensation to persons who provide information 14,368
resulting in a forfeiture under this section; 14,369
(d) Direct the disposition by the prosecuting attorney who 14,371
prosecuted the felony drug abuse offense or act, in accordance 14,372
with section 2925.44 of the Revised Code, of all property ordered 14,373
forfeited under this section, making due provision for the rights 14,374
of innocent persons; 14,375
(e) Pending the disposition of any property that is the 14,377
subject of an order of forfeiture under this section, take any 14,378
appropriate measures that are necessary to safeguard and maintain 14,379
the property. 14,380
(3) To facilitate the identification and location of 14,382
property that is the subject of an order of forfeiture under this 14,383
section and to facilitate the disposition of petitions for 14,384
remission or mitigation issued under division (E)(2) of this 14,385
section, after the issuance of an order of forfeiture under this 14,386
section and upon application by the prosecuting attorney who 14,387
prosecuted the felony drug abuse offense or act, the court may 14,388
order that the testimony of any witness relating to the forfeited 14,389
property be taken by deposition, and that any designated book, 14,390
paper, document, record, recording, or other material that is not 14,391
privileged be produced at the same time and place as the 14,392
testimony, in the same manner as provided for the taking of 14,393
depositions under the Rules of Civil Procedure. 14,394
(F)(1) Except as provided in divisions (F)(2) to (5) of 14,396
this section, no person claiming any right, title, or interest in 14,397
property subject to forfeiture under this section or section 14,398
2925.43 of the Revised Code may intervene in a criminal trial or 14,399
appeal, or a delinquent child proceeding or appeal, involving the 14,400
336
forfeiture of the property under this section or in a civil 14,401
action for a civil forfeiture under section 2925.43 of the 14,402
Revised Code, or may commence an action at law or equity against 14,403
the state concerning the validity of the person's alleged right, 14,404
title, or interest in the property subsequent to the filing of an 14,405
indictment, complaint, or information alleging that the property 14,406
is subject to forfeiture under this section or subsequent to the 14,407
filing of a complaint, INDICTMENT, OR INFORMATION alleging that a 14,409
juvenile who has any right, title, or interest in the property is 14,410
a delinquent child because of the commission of an act that, if 14,411
committed by an adult, would be a felony drug abuse offense and 14,412
alleging that the property is subject to forfeiture under this 14,413
section.
(2) After the entry of an order of forfeiture under this 14,415
section, the prosecuting attorney who prosecuted the felony drug 14,416
abuse offense or act shall conduct or cause to be conducted a 14,417
search of the appropriate public records that relate to the 14,418
property, and make or cause to be made reasonably diligent 14,419
inquiries, for the purpose of identifying persons who have any 14,420
right, title, or interest in the property. The prosecuting 14,421
attorney then shall cause a notice of the order of forfeiture, of 14,422
the prosecuting attorney's intent to dispose of the property in 14,423
accordance with section 2925.44 of the Revised Code, and of the 14,424
manner of the proposed disposal, to be given to each person who 14,426
is known, because of the conduct of the search, the making of the 14,427
inquiries, or otherwise, to have any right, title, or interest in 14,428
the property, by certified mail, return receipt requested, or by 14,429
personal service. Additionally, the prosecuting attorney shall 14,430
cause a similar notice to be published once a week for two 14,431
consecutive weeks in a newspaper of general circulation in the 14,432
county in which the property was seized. 14,433
(3)(a) Any person, other than the adult offender whose 14,435
conviction or guilty plea or the delinquent child whose 14,436
adjudication is the basis of the order of forfeiture, who asserts 14,437
337
a legal right, title, or interest in the property that is the 14,438
subject of the order may petition the court that issued the 14,439
order, within thirty days after the earlier of the final 14,440
publication of notice or the person's receipt of notice under 14,441
division (F)(2) of this section, for a hearing to adjudicate the 14,442
validity of the person's alleged right, title, or interest in the 14,443
property. The petition shall be signed by the petitioner under 14,444
the penalties for falsification as specified in section 2921.13 14,445
of the Revised Code and shall set forth the nature and extent of 14,446
the petitioner's right, title, or interest in the property, the 14,447
time and circumstances of the petitioner's acquisition of that 14,448
right, title, or interest, any additional facts supporting the 14,449
petitioner's claim, and the relief sought. 14,450
(b) In lieu of filing a petition as described in division 14,452
(F)(3)(a) of this section, a secured party or other lienholder of 14,453
record that asserts a legal right, title, or interest in the 14,454
property that is the subject of the order, including, but not 14,455
limited to, a mortgage, security interest, or other type of lien, 14,456
may file an affidavit as described in this division to establish 14,457
the validity of the alleged right, title, or interest in the 14,458
property. The affidavit shall be filed within thirty days after 14,459
the earlier of the final publication of notice or the receipt of 14,460
notice under division (F)(2) of this section and, except as 14,461
otherwise provided in this section, shall constitute prima-facie 14,462
evidence of the validity of the secured party's or other 14,463
lienholder's alleged right, title, or interest in the property. 14,464
Unless the prosecuting attorney files a motion challenging the 14,465
affidavit within ten days after its filing and unless the 14,466
prosecuting attorney establishes, by a preponderance of the 14,467
evidence, at a subsequent hearing before the court that issued 14,468
the forfeiture order, that the secured party or other lienholder 14,469
does not possess the alleged right, title, or interest in the 14,470
property or that the secured party or other lienholder had actual 14,471
knowledge of facts pertaining to the felony drug abuse offense or 14,472
338
act that was the basis of the forfeiture order, the affidavit 14,473
shall constitute conclusive evidence of the validity of the 14,474
secured party's or other lienholder's right, title, or interest 14,475
in the property and shall have the legal effect described in 14,476
division (G)(2) of this section. To the extent practicable and 14,477
consistent with the interests of justice, any such hearing shall 14,478
be held within thirty days after the prosecuting attorney files 14,479
the motion. At any such hearing, the prosecuting attorney and 14,480
the secured party or other lienholder may present evidence and 14,481
witnesses and cross-examine witnesses. 14,482
In order to be valid for the purposes of this division and 14,484
division (G)(2) of this section, the affidavit of a secured party 14,485
or other lienholder shall contain averments that the secured 14,486
party or other lienholder acquired its alleged right, title, or 14,487
interest in the property in the regular course of its business, 14,488
for a specified valuable consideration, without actual knowledge 14,489
of any facts pertaining to the felony drug abuse offense or act 14,490
that was the basis of the forfeiture order, in good faith and 14,491
without the intent to prevent or otherwise impede the state from 14,492
seizing or obtaining a forfeiture of the property under sections 14,493
2925.41 to 2925.45 of the Revised Code, and prior to the seizure 14,494
or forfeiture of the property under those sections. 14,495
(4) Upon receipt of a petition filed under division (F)(3) 14,497
of this section, the court shall hold a hearing to determine the 14,498
validity of the petitioner's right, title, or interest in the 14,499
property that is the subject of the order of forfeiture. To the 14,500
extent practicable and consistent with the interests of justice, 14,501
the hearing shall be held within thirty days after the filing of 14,502
the petition. The court may consolidate the hearing on the 14,503
petition with a hearing on any other petition filed by a person 14,504
other than the offender whose conviction or guilty plea or 14,505
adjudication as a delinquent child is the basis of the order of 14,506
forfeiture. At the hearing, the petitioner may testify, present 14,507
evidence and witnesses on the petitioner's behalf, and 14,508
339
cross-examine witnesses for the state. The state may present 14,509
evidence and witnesses in rebuttal and in defense of its claim to 14,510
the property and cross-examine witnesses for the petitioner. In 14,511
addition to evidence and testimony presented at the hearing, the 14,512
court shall consider the relevant portions of the record in the 14,513
felony drug abuse offense or delinquent child case that resulted 14,514
in the order of forfeiture. 14,515
(5)(a) The court shall amend its order of forfeiture in 14,517
accordance with its determination if it determines, at the 14,518
hearing, that the petitioner has established either of the 14,519
following by a preponderance of the evidence: 14,520
(i) The petitioner has a legal right, title, or interest 14,522
in the property that renders the order of forfeiture completely 14,523
or partially invalid because it was vested in the petitioner, 14,524
rather than the adult offender whose conviction or guilty plea or 14,525
the delinquent child whose adjudication is the basis of the 14,526
order, or was superior to any right, title, or interest of that 14,527
offender, at the time of the commission of the felony drug abuse 14,528
offense or act that is the basis of the order. 14,529
(ii) The petitioner is a bona fide purchaser for value of 14,531
the right, title, or interest in the property and was at the time 14,532
of the purchase reasonably without cause to believe that it was 14,533
subject to forfeiture under this section. 14,534
(b) The court also shall amend its order of forfeiture to 14,536
reflect any right, title, or interest of a secured party or other 14,537
lienholder of record in the property subject to the order that 14,538
was established pursuant to division (F)(3)(b) of this section by 14,539
means of an affidavit, or that was established pursuant to that 14,540
division by the failure of a prosecuting attorney to establish, 14,541
in a hearing as described in that division, that the secured 14,542
party or other lienholder did not possess the alleged right, 14,543
title, or interest in the property or that the secured party or 14,544
other lienholder had actual knowledge of facts pertaining to the 14,545
felony drug abuse offense or act that was the basis of the order. 14,546
340
(G)(1) Subject to division (G)(2) of this section, if the 14,548
court has disposed of all petitions filed under division (F) of 14,549
this section or if no petitions are filed under that division and 14,550
the time for filing petitions under that division has expired, 14,551
the state shall have clear title to all property that is the 14,552
subject of an order of forfeiture issued under this section and 14,553
may warrant good title to any subsequent purchaser or other 14,554
transferee. 14,555
(2) If an affidavit as described in division (F)(3)(b) of 14,557
this section is filed in accordance with that division, if the 14,558
affidavit constitutes, under the circumstances described in that 14,559
division, conclusive evidence of the validity of the right, 14,560
title, or interest of a secured party or other lienholder of 14,561
record in the property subject to a forfeiture order, and if any 14,562
mortgage, security interest, or other type of lien possessed by 14,563
the secured party or other lienholder in connection with the 14,564
property is not satisfied prior to a sale or other disposition of 14,565
the property pursuant to section 2925.44 of the Revised Code, 14,566
then the right, title, or interest of the secured party or other 14,567
lienholder in the property remains valid for purposes of sections 14,568
2925.41 to 2925.45 of the Revised Code and any subsequent 14,569
purchaser or other transferee of the property pursuant to section 14,570
2925.44 of the Revised Code shall take the property subject to 14,571
the continued validity of the right, title, or interest of the 14,572
secured party or other lienholder in the property. 14,573
Sec. 2925.43. (A) The following property is subject to 14,582
forfeiture to the state in a civil action as described in 14,583
division (E) of this section, and no person has any right, title, 14,584
or interest in the following property: 14,585
(1) Any property that constitutes, or is derived directly 14,587
or indirectly from, any proceeds that a person obtained directly 14,588
or indirectly from the commission of an act that, upon the filing 14,589
of an indictment, complaint, or information, could be prosecuted 14,590
as a felony drug abuse offense or that, upon the filing of a 14,591
341
complaint, INDICTMENT, OR INFORMATION, could be the basis for 14,592
finding a juvenile to be a delinquent child for committing an act 14,594
that, if committed by an adult, would be a felony drug abuse 14,595
offense;
(2) Any property that was used or intended to be used in 14,597
any manner to commit, or to facilitate the commission of, an act 14,598
that, upon the filing of an indictment, complaint, or 14,599
information, could be prosecuted as a felony drug abuse offense 14,600
or that, upon the filing of a complaint, INDICTMENT, OR 14,601
INFORMATION, could be the basis for finding a juvenile to be a 14,603
delinquent child for committing an act that, if committed by an 14,604
adult, would be a felony drug abuse offense. 14,605
(B)(1) All right, title, and interest in property 14,607
described in division (A) of this section shall vest in the state 14,608
upon the commission of the act giving rise to a civil forfeiture 14,609
under this section. 14,610
(2) The provisions of section 2933.43 of the Revised Code 14,612
relating to the procedures for the forfeiture of contraband do 14,613
not apply to a civil action to obtain a civil forfeiture under 14,614
this section. 14,615
(3) Any property taken or detained pursuant to this 14,617
section is not subject to replevin and is deemed to be in the 14,618
custody of the head of the law enforcement agency that seized the 14,619
property. 14,620
This section does not preclude the head of a law 14,622
enforcement agency that seizes property from seeking the 14,623
forfeiture of that property pursuant to federal law. However, if 14,624
the head of a law enforcement agency that seizes property does 14,625
not seek the forfeiture of that property pursuant to federal law 14,626
and if the property is subject to forfeiture under this section, 14,627
the property is subject only to the orders of the court of common 14,628
pleas of the county in which the property is located, and it 14,629
shall be disposed of in accordance with section 2925.44 of the 14,630
Revised Code. 14,631
342
(4) Nothing in this section precludes a financial 14,633
institution that has or purports to have a security interest in 14,634
or lien on property described in division (A) of this section 14,635
from commencing a civil action or taking other appropriate legal 14,636
action in connection with the property, prior to its disposition 14,637
in accordance with section 2925.44 of the Revised Code, for the 14,638
purpose of obtaining possession of the property in order to 14,639
foreclose or otherwise enforce the security interest or lien. A 14,640
financial institution may commence a civil action or take other 14,641
appropriate legal action for that purpose prior to the 14,642
disposition of the property in accordance with section 2925.44 of 14,643
the Revised Code, even if a civil action to obtain a civil 14,644
forfeiture has been or could be commenced under this section, 14,645
even if the property is or could be the subject of an order of 14,646
civil forfeiture issued under this section, and even if the 14,647
property has been seized or is subject to seizure pursuant to 14,648
this section. 14,649
If a financial institution commences a civil action or 14,651
takes any other appropriate legal action as described in this 14,652
division, if the financial institution subsequently causes the 14,653
sale of the property prior to its seizure pursuant to this 14,654
section and its disposition pursuant to section 2925.44 of the 14,655
Revised Code, and if the person responsible for the conduct of 14,656
the sale has actual knowledge of the commencement of a civil 14,657
action to obtain a civil forfeiture under this section or actual 14,658
knowledge of an order of civil forfeiture issued under this 14,659
section, then the person responsible for the conduct of the sale 14,660
shall dispose of the proceeds of the sale in the following order: 14,661
(a) First, to the payment of the costs of the sale and to 14,663
the payment of the costs incurred by law enforcement agencies and 14,664
financial institutions in connection with the seizure of, storage 14,665
of, maintenance of, and provision of security for the property. 14,666
As used in this division, "costs" of a financial institution do 14,667
not include attorney's fees incurred by that institution in 14,668
343
connection with the property; 14,669
(b) Second, the remaining proceeds of the sale after 14,671
compliance with division (B)(4)(a) of this section, to the 14,672
payment of valid security interests and liens pertaining to the 14,673
property that, at the time of the vesting of the right, title, or 14,674
interest of the adult or juvenile in the state under division 14,675
(B)(1) of this section, are held by known secured parties and 14,676
lienholders, in the order of priority of those security interests 14,677
and liens; 14,678
(c) Third, the remaining proceeds of the sale after 14,680
compliance with division (B)(4)(b) of this section, to the court 14,681
that has or would have jurisdiction in a civil action to obtain a 14,682
civil forfeiture under this section, for disposition in 14,683
accordance with section 2925.44 of the Revised Code. 14,684
(C)(1) Any property that is subject to civil forfeiture 14,686
under this section may be seized by a law enforcement officer 14,687
upon process, or a warrant as described in division (C)(2) of 14,688
this section, issued by a court of common pleas that has 14,689
jurisdiction over the property. Additionally, a seizure of the 14,690
property, without process or a warrant being so issued, may be 14,691
made by a law enforcement officer when any of the following 14,692
applies: 14,693
(a) The seizure is incident to an arrest, a search under a 14,695
search warrant, a lawful search without a search warrant, or an 14,696
inspection under an administrative inspection warrant. 14,697
(b) The property is the subject of a prior judgment in 14,699
favor of the state in a restraining order, injunction, or other 14,700
preservation order proceeding under section 2925.42 of the 14,701
Revised Code, or is the subject of a forfeiture order issued 14,702
pursuant to that section. 14,703
(c) The law enforcement officer has probable cause to 14,705
believe that the property is directly or indirectly dangerous to 14,706
the public health or safety. 14,707
(d) The initial intrusion by the law enforcement officer 14,709
344
afforded him THE OFFICER with plain view of personal property 14,710
that is subject to civil forfeiture in a civil action under this 14,712
section, the initial intrusion by the law enforcement officer was 14,713
lawful, the discovery of the personal property by the law 14,714
enforcement officer was inadvertent, and the incriminating nature 14,715
of the personal property was immediately apparent to the law 14,716
enforcement officer.
(2) For purposes of division (C)(1) of this section, the 14,718
state may request a court of common pleas to issue a warrant that 14,719
authorizes the seizure of property that is subject to civil 14,720
forfeiture under this section, in the same manner as provided in 14,721
Criminal Rule 41 and Chapter 2933. of the Revised Code for the 14,722
issuance of a search warrant. Additionally, for purposes of 14,723
division (C)(1) of this section, any proceeding before a court of 14,724
common pleas that involves a request for the issuance of process, 14,725
or a warrant as described in this division, authorizing the 14,726
seizure of any property that is subject to civil forfeiture under 14,727
this section shall be recorded by shorthand, by stenotype, or by 14,728
any other mechanical, electronic, or video recording device. The 14,729
recording of and any transcript of the recording of such a 14,730
proceeding shall not be a public record for purposes of section 14,731
149.43 of the Revised Code until the property has been seized 14,732
pursuant to the process or warrant. This division shall not be 14,733
construed as requiring, authorizing, or permitting, and does not 14,734
require, authorize, or permit, the making available for 14,735
inspection, or the copying, under section 149.43 of the Revised 14,736
Code of any confidential law enforcement investigatory record or 14,737
trial preparation record, as defined in that section. 14,738
(3) If property is seized pursuant to division (C)(1) of 14,740
this section and if a civil action to obtain a civil forfeiture 14,741
under this section, a criminal action that could result in a 14,742
criminal forfeiture under section 2925.42 of the Revised Code, or 14,743
a delinquent child proceeding that could result in a criminal 14,744
forfeiture under that section is not pending at the time of the 14,745
345
seizure or previously did not occur in connection with the 14,746
property, then the prosecuting attorney of the county in which 14,747
the seizure occurred promptly shall commence a civil action to 14,748
obtain a civil forfeiture under this section in connection with 14,749
the property, unless an indictment, complaint, or information 14,750
alleging the commission of a felony drug abuse offense or a 14,751
complaint, INDICTMENT, OR INFORMATION alleging that a juvenile is 14,753
a delinquent child because of the commission of an act that, if 14,754
committed by an adult, would be a felony drug abuse offense is 14,755
filed prior to the commencement of the civil action. Nothing in 14,756
this division precludes, or shall be construed as precluding, the 14,757
filing of an indictment, complaint, or information alleging the 14,758
commission of a felony drug abuse offense or the filing of a 14,759
complaint, INDICTMENT, OR INFORMATION alleging that a juvenile is 14,761
a delinquent child because of the commission of an act that, if 14,762
committed by an adult, would be a felony drug abuse offense, 14,763
after the commencement of a civil action to obtain a civil 14,764
forfeiture under this section.
(D)(1) The filing of an indictment, complaint, or 14,766
information alleging the commission of a felony drug abuse 14,767
offense that also is the basis of a civil action for a civil 14,768
forfeiture under this section, or the filing of a complaint, 14,769
INDICTMENT, OR INFORMATION alleging that a juvenile is a 14,770
delinquent child because of the commission of an act that, if 14,772
committed by an adult, would be a felony drug abuse offense, and 14,773
that also is the basis of a civil action for a civil forfeiture 14,774
under this section, upon the motion of the prosecuting attorney 14,775
of the county in which the indictment, complaint, or information 14,776
or the complaint, INDICTMENT, OR INFORMATION in the delinquent 14,777
child proceeding is filed, shall stay the civil action. 14,778
(2) A civil action to obtain a civil forfeiture under this 14,780
section may be commenced as described in division (E) of this 14,781
section whether or not the adult or juvenile who committed a 14,782
felony drug abuse offense or an act that, if committed by an 14,783
346
adult, would be a felony drug abuse offense has been charged by 14,784
an indictment, complaint, or information with the commission of 14,785
such an offense or such an act, has pleaded guilty to or been 14,786
found guilty of such an offense, has been determined to be a 14,787
delinquent child for the commission of such an act, has been 14,788
found not guilty of committing such an offense, or has not been 14,789
determined to be a delinquent child for the alleged commission of 14,790
such an act. 14,791
(E)(1) The prosecuting attorney of the county in which 14,793
property described in division (A) of this section is located may 14,794
commence a civil action to obtain a civil forfeiture under this 14,795
section by filing, in the court of common pleas of that county, a 14,796
complaint that requests the issuance of an order of civil 14,797
forfeiture of the property to the state. Notices of the action 14,798
shall be served and published in accordance with division (E)(2) 14,799
of this section. 14,800
(2) Prior to or simultaneously with the commencement of 14,802
the civil action as described in division (E)(1) of this section, 14,803
the prosecuting attorney shall conduct or cause to be conducted a 14,804
search of the appropriate public records that relate to the 14,805
property subject to civil forfeiture, and make or cause to be 14,806
made reasonably diligent inquiries, for the purpose of 14,807
identifying persons who have any right, title, or interest in the 14,808
property. The prosecuting attorney then shall cause a notice of 14,809
the commencement of the civil action, together with a copy of the 14,810
complaint filed in it, to be given to each person who is known, 14,811
because of the conduct of the search, the making of the 14,812
inquiries, or otherwise, to have any right, title, or interest in 14,813
the property, by certified mail, return receipt requested, or by 14,814
personal service. Additionally, the prosecuting attorney shall 14,815
cause a similar notice to be published once a week for two 14,816
consecutive weeks in a newspaper of general circulation in the 14,817
county in which the property is located. 14,818
(3) The procedures specified in divisions (F)(3) to (5) of 14,820
347
section 2925.42 of the Revised Code apply to persons claiming any 14,821
right, title, or interest in property subject to civil forfeiture 14,822
under this section. The references in those divisions to the 14,823
adult offender whose conviction or guilty plea, or the delinquent 14,824
child whose adjudication, is the basis of an order of criminal 14,825
forfeiture shall be construed for purposes of this section to 14,826
mean the adult or juvenile who committed the act that could be 14,827
the basis of an order of civil forfeiture under this section, and 14,828
the references in those divisions to an issued order of criminal 14,829
forfeiture shall be inapplicable. 14,830
(4) A hearing shall be held in the civil action described 14,832
in division (E)(1) of this section at least thirty days after the 14,833
final publication of notice as required by division (E)(2) of 14,834
this section and after the date of completion of the service of 14,835
notice by personal service or certified mail, return receipt 14,836
requested, as required by that division. Following the hearing, 14,837
the court shall issue the requested order of civil forfeiture if 14,838
the court determines that the prosecuting attorney has proven, by 14,839
clear and convincing evidence, that the property in question is 14,840
property as described in division (A)(1) or (2) of this section, 14,841
and if the court has disposed of all petitions filed under 14,842
division (E)(3) of this section or no petitions have been so 14,843
filed and the time for filing them has expired. An order of 14,844
civil forfeiture so issued shall state that all right, title, and 14,845
interest in the property in question of the adult or juvenile who 14,846
committed the act that is the basis of the order, is forfeited to 14,847
the state and shall make due provision for the right, title, or 14,848
interest in that property of any other person in accordance with 14,849
any determinations made by the court under division (E)(3) of 14,850
this section and in accordance with divisions (F)(5)(b) and 14,851
(G)(2) of section 2925.42 of the Revised Code. 14,852
(5) Subject to division (G)(2) of section 2925.42 of the 14,854
Revised Code, if a court of common pleas enters an order of civil 14,855
forfeiture in accordance with division (E) of this section, the 14,856
348
state shall have clear title to the property that is the subject 14,857
of the order and may warrant good title to any subsequent 14,858
purchaser or other transferee. 14,859
Sec. 2929.01. As used in this chapter: 14,873
(A)(1) "Alternative residential facility" means, subject 14,875
to division (A)(2) of this section, any facility other than an 14,876
offender's home or residence in which an offender is assigned to 14,877
live and that satisfies all of the following criteria: 14,878
(a) It provides programs through which the offender may 14,880
seek or maintain employment or may receive education, training, 14,881
treatment, or habilitation. 14,882
(b) It has received the appropriate license or certificate 14,884
for any specialized education, training, treatment, habilitation, 14,885
or other service that it provides from the government agency that 14,886
is responsible for licensing or certifying that type of 14,887
education, training, treatment, habilitation, or service. 14,888
(2) "Alternative residential facility" does not include a 14,891
community-based correctional facility, jail, halfway house, or 14,892
prison.
(B) "Bad time" means the time by which the parole board 14,894
administratively extends an offender's stated prison term or 14,895
terms pursuant to section 2967.11 of the Revised Code because the 14,896
parole board finds by clear and convincing evidence that the 14,897
offender, while serving the prison term or terms, committed an 14,898
act that is a criminal offense under the law of this state or the 14,899
United States, whether or not the offender is prosecuted for the 14,901
commission of that act.
(C) "Basic probation supervision" means a requirement that 14,904
the offender maintain contact with a person appointed to 14,906
supervise the offender in accordance with sanctions imposed by 14,907
the court or imposed by the parole board pursuant to section 14,908
2967.28 of the Revised Code. "Basic probation supervision"
includes basic parole supervision and basic post-release control 14,909
supervision. 14,910
349
(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and 14,912
"unit dose" have the same meanings as in section 2925.01 of the 14,913
Revised Code.
(E) "Community-based correctional facility" means a 14,916
community-based correctional facility and program or district 14,917
community-based correctional facility and program developed 14,918
pursuant to sections 2301.51 to 2301.56 of the Revised Code. 14,919
(F) "Community control sanction" means a sanction that is 14,922
not a prison term and that is described in section 2929.15, 14,923
2929.16, 2929.17, or 2929.18 of the Revised Code. 14,924
(G) "Controlled substance," "marihuana," "schedule I," and 14,927
"schedule II" have the same meanings as in section 3719.01 of the
Revised Code. 14,928
(H) "Curfew" means a requirement that an offender during a 14,931
specified period of time be at a designated place. 14,932
(I) "Day reporting" means a sanction pursuant to which an 14,935
offender is required each day to report to and leave a center or 14,936
other approved reporting location at specified times in order to 14,937
participate in work, education or training, treatment, and other 14,938
approved programs at the center or outside the center. 14,939
(J) "Deadly weapon" has the same meaning as in section 14,942
2923.11 of the Revised Code. 14,943
(K) "Drug and alcohol use monitoring" means a program 14,946
under which an offender agrees to submit to random chemical 14,947
analysis of the offender's blood, breath, or urine to determine 14,948
whether the offender has ingested any alcohol or other drugs. 14,949
(L) "Drug treatment program" means any program under which 14,952
a person undergoes assessment and treatment designed to reduce or 14,954
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under 14,955
which the person may be required to receive assessment and 14,957
treatment on an outpatient basis or may be required to reside at 14,958
a facility other than the person's home or residence while
undergoing assessment and treatment. 14,959
350
(M) "Economic loss" means any economic detriment suffered 14,962
by a victim as a result of the commission of a felony and 14,963
includes any loss of income due to lost time at work because of 14,965
any injury caused to the victim, and any property loss, medical 14,966
cost, or funeral expense incurred as a result of the commission 14,967
of the felony. 14,968
(N) "Education or training" includes study at, or in 14,971
conjunction with a program offered by, a university, college, or 14,972
technical college or vocational study and also includes the 14,973
completion of primary school, secondary school, and literacy 14,974
curricula or their equivalent.
(O) "Electronically monitored house arrest" has the same 14,977
meaning as in section 2929.23 of the Revised Code. 14,978
(P) "Eligible offender" has the same meaning as in section 14,981
2929.23 of the Revised Code except as otherwise specified in 14,982
section 2929.20 of the Revised Code. 14,983
(Q) "Firearm" has the same meaning as in section 2923.11 14,986
of the Revised Code.
(R) "Halfway house" means a facility licensed by the 14,989
division of parole and community services of the department of
rehabilitation and correction pursuant to section 2967.14 of the 14,991
Revised Code as a suitable facility for the care and treatment of 14,992
adult offenders.
(S) "House arrest" means a period of confinement of an 14,994
eligible offender that is in the eligible offender's home or in 14,996
other premises specified by the sentencing court or by the parole 14,997
board pursuant to section 2967.28 of the Revised Code, that may 14,998
be electronically monitored house arrest, and during which all of 14,999
the following apply: 15,000
(1) The eligible offender is required to remain in the 15,002
eligible offender's home or other specified premises for the 15,004
specified period of confinement, except for periods of time 15,005
during which the eligible offender is at the eligible offender's 15,006
place of employment or at other premises as authorized by the 15,008
351
sentencing court or by the parole board.
(2) The eligible offender is required to report 15,011
periodically to a person designated by the court or parole board. 15,012
(3) The eligible offender is subject to any other 15,014
restrictions and requirements that may be imposed by the 15,015
sentencing court or by the parole board. 15,016
(T) "Intensive probation supervision" means a requirement 15,019
that an offender maintain frequent contact with a person 15,020
appointed by the court, or by the parole board pursuant to
section 2967.28 of the Revised Code, to supervise the offender 15,021
while the offender is seeking or maintaining necessary employment 15,022
and participating in training, education, and treatment programs 15,023
as required in the court's or parole board's order. "Intensive 15,024
probation supervision" includes intensive parole supervision and 15,025
intensive post-release control supervision. 15,026
(U) "Jail" means a jail, workhouse, minimum security jail, 15,029
or other residential facility used for the confinement of alleged 15,030
or convicted offenders that is operated by a political 15,031
subdivision or a combination of political subdivisions of this 15,032
state.
(V) "Delinquent child" has the same meaning as in section 15,034
2151.02 2152.02 of the Revised Code. 15,036
(W) "License violation report" means a report that is made 15,039
by a sentencing court, or by the parole board pursuant to section 15,040
2967.28 of the Revised Code, to the regulatory or licensing board 15,042
or agency that issued an offender a professional license or a 15,043
license or permit to do business in this state and that specifies 15,044
that the offender has been convicted of or pleaded guilty to an 15,045
offense that may violate the conditions under which the 15,046
offender's professional license or license or permit to do 15,047
business in this state was granted or an offense for which the 15,048
offender's professional license or license or permit to do
business in this state may be revoked or suspended. 15,049
(X) "Major drug offender" means an offender who is 15,052
352
convicted of or pleads guilty to the possession of, sale of, or 15,053
offer to sell any drug, compound, mixture, preparation, or 15,054
substance that consists of or contains at least one thousand 15,055
grams of hashish; at least one hundred grams of crack cocaine; at 15,056
least one thousand grams of cocaine that is not crack cocaine; at 15,057
least two thousand five hundred unit doses or two hundred fifty 15,058
grams of heroin; at least five thousand unit doses of L.S.D. or 15,060
five hundred grams of L.S.D. in a liquid concentrate, liquid 15,061
extract, or liquid distillate form; or at least one hundred times 15,062
the amount of any other schedule I or II controlled substance 15,064
other than marihuana that is necessary to commit a felony of the 15,065
third degree pursuant to section 2925.03, 2925.04, 2925.05, or 15,066
2925.11 of the Revised Code that is based on the possession of, 15,067
sale of, or offer to sell the controlled substance. 15,068
(Y) "Mandatory prison term" means any of the following: 15,071
(1) Subject to division (Y)(2) of this section, the term 15,074
in prison that must be imposed for the offenses or circumstances 15,075
set forth in divisions (F)(1) to (8) or (F)(11) of section 15,076
2929.13 and division (D) of section 2929.14 of the Revised Code. 15,078
Except as provided in sections 2925.02, 2925.03, 2925.04, 15,079
2925.05, and 2925.11 of the Revised Code, unless the maximum or 15,080
another specific term is required under section 2929.14 of the 15,081
Revised Code, a mandatory prison term described in this division 15,082
may be any prison term authorized for the level of offense. 15,083
(2) The term of sixty or one hundred twenty days in prison 15,085
that a sentencing court is required to impose for a third or 15,086
fourth degree felony OMVI offense pursuant to division (G)(2) of 15,089
section 2929.13 and division (A)(4) or (8) of section 4511.99 of 15,090
the Revised Code.
(3) The term in prison imposed pursuant to section 2971.03 15,092
of the Revised Code for the offenses and in the circumstances 15,093
described in division (F)(10) of section 2929.13 of the Revised 15,094
Code and that term as modified or terminated pursuant to section 15,097
2971.05 of the Revised Code.
353
(Z) "Monitored time" means a period of time during which 15,100
an offender continues to be under the control of the sentencing 15,101
court or parole board, subject to no conditions other than 15,102
leading a law-abiding life.
(AA) "Offender" means a person who, in this state, is 15,105
convicted of or pleads guilty to a felony or a misdemeanor. 15,106
(BB) "Prison" means a residential facility used for the 15,109
confinement of convicted felony offenders that is under the 15,110
control of the department of rehabilitation and correction but 15,111
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code. 15,112
(CC) "Prison term" includes any of the following sanctions 15,115
for an offender:
(1) A stated prison term; 15,117
(2) A term in a prison shortened by, or with the approval 15,120
of, the sentencing court pursuant to section 2929.20, 2967.26, 15,121
5120.031, 5120.032, or 5120.073 of the Revised Code; 15,122
(3) A term in prison extended by bad time imposed pursuant 15,125
to section 2967.11 of the Revised Code or imposed for a violation 15,126
of post-release control pursuant to section 2967.28 of the 15,127
Revised Code.
(DD) "Repeat violent offender" means a person about whom 15,130
both of the following apply:
(1) The person has been convicted of or has pleaded guilty 15,133
to, and is being sentenced for committing, for complicity in 15,134
committing, or for an attempt to commit, aggravated murder,
murder, involuntary manslaughter, a felony of the first degree 15,135
other than one set forth in Chapter 2925. of the Revised Code, a 15,137
felony of the first degree set forth in Chapter 2925. of the 15,138
Revised Code that involved an attempt to cause serious physical 15,139
harm to a person or that resulted in serious physical harm to a 15,140
person, or a felony of the second degree that involved an attempt 15,141
to cause serious physical harm to a person or that resulted in 15,143
serious physical harm to a person.
354
(2) Either of the following applies: 15,145
(a) The person previously was convicted of or pleaded 15,147
guilty to, and served a prison term for, any of the following: 15,148
(i) Aggravated murder, murder, involuntary manslaughter, 15,150
rape, felonious sexual penetration as it existed under section 15,152
2907.12 of the Revised Code prior to September 3, 1996, a felony 15,153
of the first or second degree that resulted in the death of a 15,154
person or in physical harm to a person, or complicity in or an
attempt to commit any of those offenses; 15,155
(ii) An offense under an existing or former law of this 15,158
state, another state, or the United States that is or was 15,159
substantially equivalent to an offense listed under division 15,160
(DD)(2)(a)(i) of this section and that resulted in the death of a 15,161
person or in physical harm to a person.
(b) The person previously was adjudicated a delinquent 15,163
child for committing an act that if committed by an adult would 15,164
have been an offense listed in division (DD)(2)(a)(i) or (ii) of 15,166
this section, the person was committed to the department of youth 15,167
services for that delinquent act, and the juvenile court in which 15,168
the person was adjudicated a delinquent child made a specific 15,169
finding that the adjudication should be considered a conviction 15,171
for purposes of a determination in the future pursuant to this
chapter as to whether the person is a repeat violent offender. 15,172
(EE) "Sanction" means any penalty imposed upon an offender 15,175
who is convicted of or pleads guilty to an offense, as punishment 15,176
for the offense. "Sanction" includes any sanction imposed 15,177
pursuant to any provision of sections 2929.14 to 2929.18 of the 15,178
Revised Code.
(FF) "Sentence" means the sanction or combination of 15,181
sanctions imposed by the sentencing court on an offender who is 15,182
convicted of or pleads guilty to a felony.
(GG) "Stated prison term" means the prison term, mandatory 15,185
prison term, or combination of all prison terms and mandatory 15,186
prison terms imposed by the sentencing court pursuant to section 15,187
355
2929.14 or 2971.03 of the Revised Code. "Stated prison term" 15,188
includes any credit received by the offender for time spent in 15,189
jail awaiting trial, sentencing, or transfer to prison for the 15,190
offense and any time spent under house arrest or electronically 15,191
monitored house arrest imposed after earning credits pursuant to 15,192
section 2967.193 of the Revised Code. 15,193
(HH) "Victim-offender mediation" means a reconciliation or 15,196
mediation program that involves an offender and the victim of the 15,197
offense committed by the offender and that includes a meeting in 15,198
which the offender and the victim may discuss the offense, 15,199
discuss restitution, and consider other sanctions for the 15,200
offense.
(II) "Fourth degree felony OMVI offense" means a violation 15,203
of division (A) of section 4511.19 of the Revised Code that, 15,205
under section 4511.99 of the Revised Code, is a felony of the 15,207
fourth degree.
(JJ) "Mandatory term of local incarceration" means the 15,210
term of sixty or one hundred twenty days in a jail, a
community-based correctional facility, a halfway house, or an 15,211
alternative residential facility that a sentencing court may 15,212
impose upon a person who is convicted of or pleads guilty to a 15,213
fourth degree felony OMVI offense pursuant to division (G)(1) of 15,214
section 2929.13 of the Revised Code and division (A)(4) or (8) of 15,215
section 4511.99 of the Revised Code. 15,217
(KK) "Designated homicide, assault, or kidnapping 15,219
offense," "sexual motivation specification," "sexually violent 15,220
offense," "sexually violent predator," and "sexually violent 15,221
predator specification" have the same meanings as in section 15,222
2971.01 of the Revised Code.
(LL) "Habitual sex offender," "sexually oriented offense," 15,225
and "sexual predator" have the same meanings as in section
2950.01 of the Revised Code. 15,226
(MM) An offense is "committed in the vicinity of a child" 15,228
if the offender commits the offense within thirty feet of or 15,229
356
within the same residential unit as a child who is under eighteen 15,231
years of age, regardless of whether the offender knows the age of 15,232
the child or whether the offender knows the offense is being 15,233
committed within thirty feet of or within the same residential
unit as the child and regardless of whether the child actually 15,234
views the commission of the offense. 15,235
(NN) "Family or household member" has the same meaning as 15,237
in section 2919.25 of the Revised Code. 15,238
(OO) "Motor vehicle" and "manufactured home" have the same 15,241
meanings as in section 4501.01 of the Revised Code.
(PP) "Detention" and "detention facility" have the same 15,243
meanings as in section 2921.01 of the Revised Code. 15,244
(NN)(QQ) "Third degree felony OMVI offense" means a 15,246
violation of division (A) of section 4511.19 of the Revised Code 15,247
that, under section 4511.99 of the Revised Code, is a felony of 15,248
the third degree.
(QQ)(RR) "Random drug testing" has the same meaning as in 15,250
section 5120.63 of the Revised Code. 15,251
(RR)(SS) "Felony sex offense" has the same meaning as in 15,253
section 2957.28 of the Revised Code. 15,254
Sec. 2929.12. (A) Unless otherwise required by section 15,263
2929.13 or 2929.14 of the Revised Code, a court that imposes a 15,265
sentence under this chapter upon an offender for a felony has
discretion to determine the most effective way to comply with the 15,267
purposes and principles of sentencing set forth in section 15,268
2929.11 of the Revised Code. In exercising that discretion, the 15,269
court shall consider the factors set forth in divisions (B) and 15,270
(C) of this section relating to the seriousness of the conduct 15,272
and the factors provided in divisions (D) and (E) of this section 15,273
relating to the likelihood of the offender's recidivism and, in 15,274
addition, may consider any other factors that are relevant to 15,275
achieving those purposes and principles of sentencing. 15,276
(B) The sentencing court shall consider all of the 15,279
following that apply regarding the offender, the offense, or the
357
victim, and any other relevant factors, as indicating that the 15,280
offender's conduct is more serious than conduct normally 15,281
constituting the offense: 15,282
(1) The physical or mental injury suffered by the victim 15,285
of the offense due to the conduct of the offender was exacerbated 15,286
because of the physical or mental condition or age of the victim. 15,287
(2) The victim of the offense suffered serious physical, 15,290
psychological, or economic harm as a result of the offense. 15,291
(3) The offender held a public office or position of trust 15,294
in the community, and the offense related to that office or
position. 15,295
(4) The offender's occupation, elected office, or 15,297
profession obliged the offender to prevent the offense or bring 15,298
others committing it to justice. 15,299
(5) The offender's professional reputation or occupation, 15,302
elected office, or profession was used to facilitate the offense 15,303
or is likely to influence the future conduct of others. 15,304
(6) The offender's relationship with the victim 15,306
facilitated the offense. 15,307
(7) The offender committed the offense for hire or as a 15,309
part of an organized criminal activity. 15,310
(8) In committing the offense, the offender was motivated 15,313
by prejudice based on race, ethnic background, gender, sexual
orientation, or religion. 15,314
(9) If the offense is a violation of section 2919.25 or a 15,316
violation of section 2903.11, 2903.12, or 2903.13 of the Revised 15,317
Code involving a person who was a family or household member at 15,318
the time of the violation, the offender committed the offense in 15,319
the vicinity of one or more children who are not victims of the 15,320
offense, and the offender or the victim of the offense is a
parent, guardian, custodian, or person in loco parentis of one or 15,321
more of those children. 15,322
(C) The sentencing court shall consider all of the 15,324
following that apply regarding the offender, the offense, or the 15,325
358
victim, and any other relevant factors, as indicating that the 15,326
offender's conduct is less serious than conduct normally 15,327
constituting the offense:
(1) The victim induced or facilitated the offense. 15,329
(2) In committing the offense, the offender acted under 15,331
strong provocation. 15,332
(3) In committing the offense, the offender did not cause 15,335
or expect to cause physical harm to any person or property.
(4) There are substantial grounds to mitigate the 15,337
offender's conduct, although the grounds are not enough to 15,338
constitute a defense. 15,339
(D) The sentencing court shall consider all of the 15,341
following that apply regarding the offender, and any other 15,342
relevant factors, as factors indicating that the offender is 15,344
likely to commit future crimes:
(1) At the time of committing the offense, the offender 15,346
was under release from confinement before trial or sentencing, 15,347
under a sanction imposed pursuant to section 2929.16, 2929.17, or 15,348
2929.18 of the Revised Code, or under post-release control 15,350
pursuant to section 2967.28 or any other provision of the Revised 15,351
Code for an earlier offense. 15,352
(2) The offender previously was adjudicated a delinquent 15,355
child pursuant to Chapter 2151. of the Revised Code PRIOR TO THE 15,356
EFFECTIVE DATE OF THIS AMENDMENT OR PURSUANT TO CHAPTER 2152. OF 15,357
THE REVISED CODE, or the offender has a history of criminal 15,358
convictions.
(3) The offender has not been rehabilitated to a 15,360
satisfactory degree after previously being adjudicated a 15,361
delinquent child pursuant to Chapter 2151. of the Revised Code 15,363
PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT OR PURSUANT TO 15,364
CHAPTER 2152. OF THE REVISED CODE, or the offender has not
responded favorably to sanctions previously imposed for criminal 15,365
convictions. 15,366
(4) The offender has demonstrated a pattern of drug or 15,368
359
alcohol abuse that is related to the offense, and the offender 15,369
refuses to acknowledge that the offender has demonstrated that 15,370
pattern, or the offender refuses treatment for the drug or 15,371
alcohol abuse.
(5) The offender shows no genuine remorse for the offense. 15,373
(E) The sentencing court shall consider all of the 15,375
following that apply regarding the offender, and any other 15,376
relevant factors, as factors indicating that the offender is not 15,377
likely to commit future crimes:
(1) Prior to committing the offense, the offender had not 15,379
been adjudicated a delinquent child. 15,380
(2) Prior to committing the offense, the offender had not 15,382
been convicted of or pleaded guilty to a criminal offense. 15,383
(3) Prior to committing the offense, the offender had led 15,386
a law-abiding life for a significant number of years.
(4) The offense was committed under circumstances not 15,389
likely to recur.
(5) The offender shows genuine remorse for the offense. 15,391
Sec. 2929.23. (A) As used in this section: 15,400
(1) "Electronic monitoring device" means either ANY of the 15,402
following: 15,403
(a) Any device that can be operated by electrical or 15,405
battery power and that conforms with all of the following: 15,406
(i) The device has a transmitter that can be attached to a 15,408
person, that will transmit a specified signal to a receiver of 15,409
the type described in division (A)(1)(a)(ii) of this section if 15,410
the transmitter is removed from the person, turned off, or 15,411
altered in any manner without prior court approval in relation to 15,412
electronically monitored house arrest or electronically monitored 15,413
house detention or without prior approval of the department of 15,414
rehabilitation and correction in relation to the use of an 15,415
electronic monitoring device for an inmate on transitional 15,417
control or otherwise is tampered with, that can transmit 15,418
continuously and periodically a signal to that receiver when the 15,419
360
person is within a specified distance from the receiver, and that 15,420
can transmit an appropriate signal to that receiver if the person 15,421
to whom it is attached travels a specified distance from that 15,422
receiver.
(ii) The device has a receiver that can receive 15,424
continuously the signals transmitted by a transmitter of the type 15,425
described in division (A)(1)(a)(i) of this section, can transmit 15,426
continuously those signals by telephone to a central monitoring 15,427
computer of the type described in division (A)(1)(a)(iii) of this 15,428
section, and can transmit continuously an appropriate signal to 15,429
that central monitoring computer if the receiver is turned off or 15,430
altered without prior court approval or otherwise tampered with. 15,431
(iii) The device has a central monitoring computer that 15,433
can receive continuously the signals transmitted by telephone by 15,434
a receiver of the type described in division (A)(1)(a)(ii) of 15,435
this section and can monitor continuously the person to whom an 15,436
electronic monitoring device of the type described in division 15,437
(A)(1)(a) of this section is attached. 15,438
(b) Any device that is not a device of the type described 15,440
in division (A)(1)(a) of this section and that conforms with all 15,441
of the following: 15,442
(i) The device includes a transmitter and receiver that 15,444
can monitor and determine the location of a subject person at any 15,445
time, or at a designated point in time, through the use of a 15,446
central monitoring computer or through other electronic means; 15,447
(ii) The device includes a transmitter and receiver that 15,449
can determine at any time, or at a designated point in time, 15,450
through the use of a central monitoring computer or other 15,451
electronic means the fact that the transmitter is turned off or 15,452
altered in any manner without prior approval of the court in 15,453
relation to electronically monitored house arrest or 15,454
electronically monitored house detention or without prior 15,455
approval of the department of rehabilitation and correction in 15,456
relation to the use of an electronic monitoring device for an 15,458
361
inmate on transitional control or otherwise is tampered with. 15,460
(c) ANY TYPE OF TECHNOLOGY THAT CAN ADEQUATELY TRACK OR 15,462
DETERMINE THE LOCATION OF A SUBJECT PERSON AT ANY TIME AND THAT 15,463
IS APPROVED BY THE DIRECTOR OF REHABILITATION AND CORRECTION, 15,464
INCLUDING, BUT NOT LIMITED TO, ANY SATELLITE TECHNOLOGY, VOICE 15,465
TRACKING SYSTEM, OR RETINAL SCANNING SYSTEM THAT IS SO APPROVED. 15,466
(2) "Certified electronic monitoring device" means an 15,468
electronic monitoring device that has been certified by the 15,469
superintendent of the bureau of criminal identification and 15,470
investigation pursuant to division (C)(1) of this section. 15,471
(3) "Eligible offender" means a person who has been 15,473
convicted of or pleaded guilty to any offense, except that a 15,474
person is not an "eligible offender" if any of the following 15,476
apply in relation to the person, the offense, or the person and 15,477
the offense: 15,478
(a) The person is subject to or is serving a term of life 15,480
imprisonment.
(b) The person is subject to or is serving a mandatory 15,482
prison term imposed under division (F) of section 2929.13, 15,483
division (D) of section 2929.14, or any other section of the 15,484
Revised Code, provided that, after the person has served all of 15,485
the mandatory prison terms so imposed, the person may be an 15,486
eligible offender unless excluded by division (A)(3)(a), (c) or 15,487
(d) of this section. 15,488
(c) The offense is a violation of division (A) of section 15,491
4511.19 of the Revised Code, and the offender is sentenced for
that offense pursuant to division (G)(1) of section 2929.13 of 15,492
the Revised Code and is serving the mandatory term of local 15,494
incarceration of sixty or one hundred twenty consecutive days of 15,495
imprisonment imposed under that division, provided that, after 15,496
the person has served all of the mandatory term of local 15,497
incarceration so imposed, the person may be an eligible offender 15,498
unless excluded by division (A)(3)(a), (b), or (d) of this 15,499
section. 15,500
362
(d) The offense is a violation of division (A) of section 15,503
4511.19 of the Revised Code, and the person is sentenced for that 15,504
offense pursuant to division (G)(2) of section 2929.13 of the 15,505
Revised Code. 15,506
(4) "Electronically monitored house arrest" means a period 15,508
of confinement of an eligible offender in the eligible offender's 15,510
home or in other premises specified by the sentencing court OR A 15,511
PERIOD OF CONFINEMENT OF A DELINQUENT CHILD IN THE CHILD'S HOME 15,512
OR IN OTHER PREMISES SPECIFIED BY THE JUVENILE COURT, during 15,513
which period of confinement all of the following apply: 15,514
(a) The eligible offender OR CHILD wears, otherwise has 15,516
attached to the eligible offender's OR CHILD'S person, or 15,517
otherwise is subject to monitoring by a certified electronic 15,519
monitoring device, or the eligible offender OR CHILD is subject 15,520
to monitoring by a certified electronic monitoring system; 15,521
(b) The eligible offender OR CHILD is required to remain 15,523
in the eligible offender's OR CHILD'S home or other premises 15,525
specified by the sentencing court OR JUVENILE COURT for the 15,526
specified period of confinement, except for periods of time 15,527
during which the eligible offender OR CHILD is at the eligible 15,529
offender's place of employment, AT SCHOOL, or at other premises 15,532
as authorized by the sentencing court;
(c) The eligible offender OR CHILD is subject to 15,534
monitoring by a central system that monitors the certified 15,535
electronic monitoring device that is attached to the eligible 15,536
offender's OR CHILD'S person or that otherwise is being used to 15,538
monitor the eligible offender OR CHILD and that can monitor and 15,539
determine the eligible offender's OR CHILD'S location at any time 15,540
or at a designated point in time, or the eligible offender OR 15,541
CHILD is required to participate in monitoring by a certified 15,542
electronic monitoring system; 15,543
(d) The eligible offender OR CHILD is required by the 15,545
sentencing court OR JUVENILE COURT to report periodically to a 15,546
person designated by the court; 15,547
363
(e) The eligible offender OR CHILD is subject to any other 15,549
restrictions and requirements that may be imposed by the 15,550
sentencing court OR JUVENILE COURT. 15,551
(5) "Electronic monitoring system" means a system by which 15,553
the location of an eligible offender can be verified 15,554
telephonically through the use of voice-activated voice response 15,555
technology that conforms with all of the following: 15,556
(a) It can be programmed to call the telephone or 15,558
telephones assigned to the eligible offender who is the subject 15,560
of the monitoring as often as necessary; 15,561
(b) It is equipped with a voice recognition system that 15,563
can work accurately and reliably under the anticipated conditions 15,564
in which it will operate; 15,565
(c) It is equipped to perform an alarm function if the 15,567
eligible offender who is the subject of monitoring does not 15,569
respond to system commands in the manner required. 15,570
(6) "Certified electronic monitoring system" means an 15,572
electronic monitoring system that has been certified by the 15,573
superintendent of the bureau of criminal identification and 15,574
investigation pursuant to division (C)(1) of this section. 15,575
(7) "Electronically monitored house detention" has the 15,577
same meaning as in section 2151.355 of the Revised Code. 15,578
(8) "Transitional control" means the program of 15,581
transitional control established by the department of 15,582
rehabilitation and correction under section 2967.26 of the 15,583
Revised Code, if the department establishes a program of that 15,584
nature under that section.
(B)(1) Any court may impose as a sanction pursuant to 15,586
sections 2929.15 and 2929.17 of the Revised Code a period of 15,587
electronically monitored house arrest upon an eligible offender 15,588
who is convicted of or pleads guilty to a felony, except that the 15,589
total of any period of electronically monitored house arrest 15,590
imposed upon that eligible offender plus the period of all other 15,591
sanctions imposed upon the same eligible offender pursuant to 15,592
364
sections 2929.15, 2929.16, 2929.17, and 2929.18 of the Revised 15,593
Code shall not exceed five years. Any court may impose a period 15,594
of electronically monitored house arrest upon an eligible 15,595
offender who is convicted of or pleads guilty to a misdemeanor in 15,596
addition to or in lieu of any other sentence imposed or 15,597
authorized for the offense, except that the total of any period 15,598
of electronically monitored house arrest imposed upon that 15,599
eligible offender plus the period of any sentence of imprisonment 15,600
imposed upon the same eligible offender shall not exceed the 15,601
maximum term of imprisonment that could be imposed upon the 15,602
eligible offender pursuant to section 2929.21 of the Revised Code 15,603
and except that, if the offense for which an eligible offender is 15,604
being sentenced is a violation of division (A) of section 4511.19 15,605
or of division (D)(2) of section 4507.02 of the Revised Code, the 15,606
court may impose a period of electronically monitored house 15,607
arrest upon the eligible offender only when authorized by and 15,608
only in the circumstances described in division (A) of section 15,609
4511.99 or division (B) of section 4507.99 of the Revised Code. 15,610
If a court imposes a period of electronically monitored 15,612
house arrest upon an eligible offender, it shall require the 15,613
eligible offender to wear, otherwise have attached to the 15,614
eligible offender's person, or otherwise be subject to monitoring 15,616
by a certified electronic monitoring device or to participate in 15,617
the operation of and monitoring by a certified electronic 15,618
monitoring system; to remain in the eligible offender's home or 15,619
other specified premises for the entire period of electronically 15,621
monitored house arrest except when the court permits the eligible 15,622
offender to leave those premises to go to the eligible offender's 15,623
place of employment or to other specified premises; to be 15,624
monitored by a central system that monitors the certified 15,625
electronic monitoring device that is attached to the eligible 15,626
offender's person or that otherwise is being used to monitor the 15,628
eligible offender and that can monitor and determine the eligible 15,630
offender's location at any time or at a designated point in time 15,632
365
or to be monitored by the certified electronic monitoring system; 15,633
to report periodically to a person designated by the court; and, 15,634
in return for receiving a period of electronically monitored 15,635
house arrest, to enter into a written contract with the court 15,636
agreeing to comply with all restrictions and requirements imposed 15,637
by the court, agreeing to pay any fee imposed by the court for 15,638
the costs of the electronically monitored house arrest imposed by 15,639
the court pursuant to division (E) of this section, and agreeing 15,640
to waive the right to receive credit for any time served on 15,641
electronically monitored house arrest toward any prison term or
sentence of imprisonment imposed upon the eligible offender for 15,643
the offense for which the period of electronically monitored 15,644
house arrest was imposed if the eligible offender violates any of 15,645
the restrictions or requirements of the period of electronically 15,647
monitored house arrest, and additionally, it may impose any other 15,648
reasonable restrictions and requirements upon the eligible 15,649
offender.
(2) If an eligible offender violates any of the 15,651
restrictions or requirements imposed upon the eligible offender 15,652
as part of the eligible offender's period of electronically 15,654
monitored house arrest, the eligible offender shall not receive 15,655
credit for any time served on electronically monitored house 15,656
arrest toward any prison term or sentence of imprisonment imposed 15,657
upon the eligible offender for the offense for which the period 15,659
of electronically monitored house arrest was imposed. 15,660
(C)(1) The superintendent of the bureau of criminal 15,662
identification and investigation, in accordance with this section 15,663
and rules adopted by the superintendent pursuant to division 15,664
(C)(2) of this section, shall certify for use in cases of 15,665
electronically monitored house arrest, in electronically 15,666
monitored house detention, and in relation to an inmate on 15,668
transitional control specific types and brands of electronic 15,669
monitoring devices and electronic monitoring systems that comply 15,670
with the requirements of this section, section 5120.073 of the 15,671
366
Revised Code, and those rules. Any manufacturer that, pursuant 15,672
to this division, seeks to obtain the certification of any type 15,673
or brand of electronic monitoring device or electronic monitoring 15,674
system shall submit to the superintendent an application for 15,675
certification in accordance with those rules together with the 15,676
application fee and costs of certification as required by those 15,677
rules. The superintendent shall not certify any electronic 15,678
monitoring device or electronic monitoring system pursuant to 15,679
this division unless the application fee and costs have been paid 15,680
to the superintendent.
(2) The superintendent, in accordance with Chapter 119. of 15,682
the Revised Code, shall adopt rules for certifying specific types 15,683
and brands of electronic monitoring devices and electronic 15,684
monitoring systems for use in electronically monitored house 15,685
arrest, in electronically monitored house detention, and in 15,687
relation to an inmate on transitional control. The rules shall 15,688
set forth the requirements for obtaining the certification, the 15,689
application fee and other costs for obtaining the certification, 15,690
the procedure for applying for certification, and any other 15,691
requirements and procedures considered necessary by the 15,692
superintendent. The rules shall require that no type or brand of 15,693
electronic monitoring device or electronic monitoring system be 15,694
certified unless the type or brand of device or system complies 15,695
with whichever of the following is applicable, in addition to any 15,696
other requirements specified by the superintendent: 15,697
(a) For electronic monitoring devices of the type 15,699
described in division (A)(1)(a) of this section, the type or 15,700
brand of device complies with all of the following: 15,701
(i) It has a transmitter of the type described in division 15,703
(A)(1)(a)(i) of this section, a receiver of the type described in 15,704
division (A)(1)(a)(ii) of this section, and a central monitoring 15,705
computer of the type described in division (A)(1)(a)(iii) of this 15,706
section; 15,707
(ii) Its transmitter can be worn by or attached to a 15,709
367
person with a minimum of discomfort during normal activities, is 15,710
difficult to remove, turn off, or otherwise alter without prior 15,711
court approval in relation to electronically monitored house 15,712
arrest or electronically monitored house detention or prior 15,713
approval of the department of rehabilitation and correction in 15,714
relation to the use of an electronic monitoring device for an 15,716
inmate on transitional control, and will transmit a specified 15,718
signal to the receiver if it is removed, turned off, altered, or 15,719
otherwise tampered with;
(iii) Its receiver is difficult to turn off or alter and 15,721
will transmit a signal to the central monitoring computer if it 15,722
is turned off, altered, or otherwise tampered with; 15,723
(iv) Its central monitoring computer is difficult to 15,725
circumvent; 15,726
(v) Its transmitter, receiver, and central monitoring 15,728
computer work accurately and reliably under the anticipated 15,729
conditions under which electronically monitored house arrest or 15,730
electronically monitored house detention will be imposed by 15,731
courts or under which an electronic monitoring device will be 15,734
used by the department of rehabilitation and correction in
relation to an inmate on transitional control; 15,735
(vi) It has a backup battery power supply that operates 15,737
automatically when the main source of electrical or battery power 15,738
for the device fails. 15,739
(b) For electronic monitoring devices of the type 15,741
described in division (A)(1)(b) of this section, the type or 15,742
brand of device complies with all of the following: 15,743
(i) It has a transmitter and receiver of the type 15,745
described in divisions (A)(1)(b)(i) and (ii) of this section. 15,746
(ii) Its transmitter is difficult to turn off or alter 15,748
without prior court approval in relation to electronically 15,749
monitored house arrest or electronically monitored house 15,750
detention or without prior approval of the department of 15,751
rehabilitation and correction in relation to the use of an 15,752
368
electronic monitoring device for an inmate on transitional 15,754
control, and, if the transmitter is turned off or altered in any 15,756
manner without prior approval of the court or department or 15,757
otherwise is tampered with, the fact that it has been turned off, 15,758
altered, or tampered with can be determined at any time, or at a 15,759
designated point in time, through the use of a central monitoring 15,760
computer or through other electronic means.
(iii) Its receiver is difficult to turn off or alter, and, 15,762
if the receiver is turned off, altered, or otherwise tampered 15,763
with, the fact that it has been turned off, altered, or tampered 15,764
with can be determined at any time, or at a designated point in 15,765
time, through the use of a central monitoring computer or through 15,766
other electronic means. 15,767
(iv) Its central monitoring computer or other means of 15,769
electronic monitoring is difficult to circumvent. 15,770
(v) Its transmitter, receiver, and central monitoring 15,772
computer or other means of electronic monitoring work accurately 15,773
and reliably under the anticipated conditions under which 15,774
electronically monitored house arrest or electronically monitored 15,776
house detention will be used, or under which an electronic 15,777
monitoring device will be used by the department of 15,779
rehabilitation and correction in relation to an inmate on 15,780
transitional control.
(vi) If it operates on electrical or battery power, it has 15,782
a backup battery power supply that operates automatically when 15,783
the main source of electrical or battery power for the device 15,784
fails, or, if it does not operate on electrical or battery power, 15,785
it has a backup method of operation so that it will continue to 15,786
operate if its main method of operation fails. 15,787
(c) For electronic monitoring systems, the type or brand 15,789
of system complies with all of the following: 15,790
(i) It can be programmed to call the telephone or 15,792
telephones assigned to the person who is the subject of the 15,793
monitoring as often as necessary; 15,794
369
(ii) It is equipped with a voice recognition system that 15,796
can work accurately and reliably under the anticipated conditions 15,797
in which it will operate; 15,798
(iii) It is equipped to perform an alarm function if the 15,800
person who is the subject of the monitoring does not respond to 15,801
system commands in the manner required. 15,802
(3) The superintendent shall publish and make available to 15,804
all courts and to the department of rehabilitation and 15,805
correction, without charge, a list of all types and brands of 15,806
electronic monitoring devices and electronic monitoring systems 15,807
that have been certified by the superintendent pursuant to 15,808
division (C)(1) of this section and information about the 15,809
manufacturers of the certified devices and systems and places at 15,810
which the devices and systems can be obtained. 15,811
(D) The superintendent of the bureau of criminal 15,813
identification and investigation shall deposit all costs and fees 15,814
collected pursuant to division (C) of this section into the 15,816
general revenue fund.
(E)(1) Each county in which is located a court that 15,818
imposes a period of electronically monitored house arrest or 15,819
electronically monitored house detention as a sentencing sanction 15,820
or alternative may establish in the county treasury an 15,822
electronically monitored house arrest and detention fund. The 15,823
clerk of each court that uses that sentencing sanction or 15,824
alternative may deposit into the fund all fees collected from 15,826
eligible offenders upon whom electronically monitored house 15,827
arrest or detention is imposed pursuant to this section, section 15,828
2151.355 2152.19, or any other section of the Revised Code that 15,830
specifically authorizes the imposition of electronically 15,831
monitored house arrest or detention. Each court that imposes 15,832
electronically monitored house arrest or detention may adopt by 15,833
local court rule a reasonable daily fee to be paid by each 15,834
eligible offender upon whom a period of electronically monitored
house arrest or detention is imposed as a sentencing sanction or 15,835
370
alternative. The fee may include the actual costs of providing 15,838
house arrest or detention and an additional amount necessary to 15,840
enable the court to provide electronically monitored house arrest 15,841
or detention to indigent eligible offenders. The fund may be 15,842
used only for the payment of the costs of electronically 15,843
monitored house arrest or detention, including, but not limited 15,844
to, the costs of electronically monitored house arrest or 15,845
detention for indigent eligible offenders.
(2) If a fee is adopted pursuant to division (E)(1) of 15,847
this section, it shall be in addition to any fine specifically 15,848
authorized or required by any other section of the Revised Code 15,849
for an eligible offender upon whom a period of electronically 15,850
monitored house arrest or detention is imposed as a sentencing 15,851
sanction or alternative. 15,852
Sec. 2930.12. At the request of the victim in a criminal 15,862
prosecution, the prosecutor shall give the victim notice of the 15,864
defendant's acquittal or conviction. At the request of the
victim in a delinquency proceeding, the prosecutor shall give the 15,866
victim notice of the dismissal of the complaint against the 15,867
alleged juvenile offender or of the adjudication of the alleged 15,868
juvenile offender as a delinquent child, except that, if the 15,869
juvenile court dismisses the complaint against the alleged 15,870
juvenile offender or adjudicates the alleged juvenile offender a 15,872
delinquent child prior to the prosecutor's involvement in the 15,874
case, at the request of the victim, the court or a court employee 15,875
shall give the victim notice of the dismissal or of the 15,876
adjudication. If the defendant or alleged juvenile offender is 15,877
convicted or is adjudicated a delinquent child, the notice shall 15,880
include all of the following:
(A) The crimes or specified delinquent acts of which the 15,882
defendant was convicted or for which the alleged juvenile 15,884
offender was adjudicated a delinquent child;
(B) The address and telephone number of the probation 15,886
office or other person, if any, that is to prepare a presentence 15,888
371
investigation report pursuant to section 2951.03 of the Revised 15,889
Code or Criminal Rule 32.2, the address and telephone number of 15,891
the person, if any, who is to prepare a disposition investigation 15,892
report pursuant to DIVISION (C)(1) OF section 2151.355 2152.18 of 15,893
the Revised Code, and the address and telephone number of the 15,895
person, if any, who is to prepare a victim impact statement 15,896
pursuant to division (H)(D)(1) of section 2151.355 2152.19 or 15,897
section 2947.051 of the Revised Code; 15,899
(C) Notice that the victim may make a statement about the 15,901
impact of the crime or specified delinquent act to the probation 15,903
officer or other person, if any, who prepares the presentence 15,905
investigation report or to the person, if any, who prepares a 15,906
victim impact statement, that a statement of the victim included 15,908
in the report will be made available to the defendant or alleged 15,909
juvenile offender unless the court exempts it from disclosure, 15,911
and that the court may make the victim impact statement available 15,912
to the defendant or alleged juvenile offender;
(D) Notice of the victim's right under section 2930.14 of 15,915
the Revised Code to make a statement about the impact of the 15,916
crime or specified delinquent act before sentencing or 15,917
disposition; 15,918
(E) The date, time, and place of the sentencing hearing or 15,920
dispositional hearing; 15,921
(F) One of the following: 15,923
(1) Any sentence imposed upon the defendant and any 15,925
subsequent modification of that sentence, including modification 15,927
under section 2929.20 of the Revised Code or as a result of the 15,928
defendant's appeal of the sentence pursuant to section 2953.08 of 15,929
the Revised Code;
(2) Any disposition ordered for the defendant and any 15,931
subsequent modification of that disposition, including judicial 15,933
release or early release in accordance with section 2151.38 of 15,934
the Revised Code. 15,935
Sec. 2930.13. (A) If the court orders the preparation of 15,944
372
a victim impact statement pursuant to DIVISION (D)(1) OF section 15,946
2151.355 2152.19 or SECTION 2947.051 of the Revised Code, the 15,947
victim in the case may make a written or oral statement regarding 15,948
the impact of the crime or specified delinquent act to the person 15,950
whom the court orders to prepare the victim impact statement. A 15,951
statement made by the victim under this section shall be included 15,952
in the victim impact statement. 15,953
(B) If a probation officer or other person is preparing a 15,955
presentence investigation report pursuant to section 2947.06 or 15,956
2951.03 of the Revised Code or Criminal Rule 32.2, or a 15,957
disposition investigation report pursuant to section 2151.355 of 15,958
the Revised Code, concerning the defendant or alleged juvenile 15,960
offender in the case, the victim may make a written or oral 15,961
statement regarding the impact of the crime or specified 15,962
delinquent act to the probation officer or other person. The 15,964
probation officer or other person shall use the statement in 15,965
preparing the presentence investigation report or disposition 15,966
investigation report and, upon the victim's request, shall 15,968
include a written statement submitted by the victim in the 15,969
presentence investigation report or disposition investigation 15,970
report.
(C) A statement made by the victim under division (A) or 15,972
(B) of this section may include the following: 15,973
(1) An explanation of the nature and extent of any 15,975
physical, psychological, or emotional harm suffered by the victim 15,976
as a result of the crime or specified delinquent act that is the 15,977
basis of the case; 15,978
(2) An explanation of the extent of any property damage or 15,980
other economic loss suffered by the victim as a result of that 15,982
crime or specified delinquent act;
(3) An opinion regarding the extent to which, if any, the 15,984
victim needs restitution for harm caused by the defendant or 15,985
alleged juvenile offender as a result of that crime or specified 15,987
delinquent act and information about whether the victim has 15,988
373
applied for or received any compensation for loss or damage 15,989
caused by that crime or specified delinquent act; 15,990
(4) The victim's recommendation for an appropriate 15,992
sanction or disposition for the defendant or alleged juvenile 15,993
offender regarding that crime or specified delinquent act. 15,994
(D) If a statement made by a victim under division (A) of 15,997
this section is included in a victim impact statement, the 15,998
provision, receipt, and retention of copies of, the use of, and 15,999
the confidentiality, nonpublic record character, and sealing of 16,000
the victim impact statement is governed by division (H) of 16,001
section 2151.355 or by division (C) of section 2947.051 of the 16,002
Revised Code, as appropriate. If a statement made by a victim 16,004
under division (B) of this section is included in a presentence
investigation report prepared pursuant to section 2947.06 or 16,005
2951.03 of the Revised Code or Criminal Rule 32.2 or in a 16,007
disposition investigation report pursuant to DIVISION (C)(1) OF 16,008
section 2151.355 2152.18 of the Revised Code, the provision, 16,011
receipt, and retention of copies of, the use of, and the
confidentiality, nonpublic record character, and sealing of the 16,012
presentence investigation report or disposition investigation 16,013
report that contains the victim's statement is governed by 16,015
section 2951.03 of the Revised Code.
Sec. 2938.02. The provisions of Chapter 2938. of the 16,024
Revised Code shall apply to trial on the merits of any 16,025
misdemeanor, ordinance offense, prosecution for the violation of 16,026
any rule or regulation of any governmental body authorized to
adopt penal regulations, or to complaints to keep the peace, 16,027
which may be instituted in and retained for trial on the merits 16,028
in any court or before any magistrate inferior to the court of 16,029
common pleas; provided that in juvenile courts, where the conduct 16,030
of any person under the age of eighteen years is made the subject 16,031
of inquiry and for which special provision is made by Chapter
2151. OR 2152. of the Revised Code, such matters shall be tried, 16,033
adjusted, or disposed of pursuant to Chapter 2151. OR 2152. of 16,034
374
the Revised Code.
Sec. 2941.141. (A) Imposition of a one-year mandatory 16,043
prison term upon an offender under division (D)(1)(a) of section 16,044
2929.14 of the Revised Code is precluded unless the indictment, 16,045
count in the indictment, or information charging the offense 16,047
specifies that the offender had a firearm on or about the 16,048
offender's person or under the offender's control while 16,049
committing the offense. The specification shall be stated at the 16,050
end of the body of the indictment, count, or information, and 16,051
shall be in substantially the following form: 16,052
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 16,055
Grand Jurors (or insert the person's or the prosecuting
attorney's name when appropriate) further find and specify that 16,056
(set forth that the offender had a firearm on or about the 16,057
offender's person or under the offender's control while 16,058
committing the offense.)" 16,059
(B) Imposition of a one-year mandatory prison term upon an 16,061
offender under division (D)(1)(a) of section 2929.14 of the 16,062
Revised Code is precluded if a court imposes a three-year or 16,064
six-year mandatory prison term on the offender under that 16,065
division relative to the same felony.
(C) THE SPECIFICATION DESCRIBED IN DIVISION (A) OF THIS 16,067
SECTION MAY BE USED IN A DELINQUENT CHILD PROCEEDING IN THE 16,068
MANNER AND FOR THE PURPOSE DESCRIBED IN SECTION 2152.17 OF THE 16,069
REVISED CODE.
(D) As used in this section, "firearm" has the same 16,071
meaning as in section 2923.11 of the Revised Code. 16,072
Sec. 2941.142. (A) Imposition of a mandatory prison term 16,081
of one, two, or three years pursuant to division (I) of section 16,083
2929.14 of the Revised Code upon an offender who committed a 16,086
felony that is an offense of violence while participating in a 16,088
criminal gang is precluded unless the indictment, count in the 16,089
indictment, or information charging the felony specifies that the 16,090
offender committed the felony that is an offense of violence 16,091
375
while participating in a criminal gang. The specification shall 16,093
be stated at the end of the body of the indictment, count, or 16,094
information, and shall be in substantially the following form: 16,095
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 16,098
grand jurors (or insert the person's or the prosecuting
attorney's name when appropriate) further find and specify that 16,100
(set forth that the offender committed the felony that is an 16,101
offense of violence while participating in a criminal gang.)" 16,103
(B) THE SPECIFICATION DESCRIBED IN DIVISION (A) OF THIS 16,105
SECTION MAY BE USED IN A DELINQUENT CHILD PROCEEDING IN THE 16,106
MANNER AND FOR THE PURPOSE DESCRIBED IN SECTION 2152.17 OF THE 16,107
REVISED CODE.
(C) As used in this section, "criminal gang" has the same 16,109
meaning as in section 2923.41 of the Revised Code. 16,110
Sec. 2941.144. (A) Imposition of a six-year mandatory 16,119
prison term upon an offender under division (D)(1)(a) of section 16,120
2929.14 of the Revised Code is precluded unless the indictment, 16,122
count in the indictment, or information charging the offense
specifies that the offender had a firearm that is an automatic 16,123
firearm or that was equipped with a firearm muffler or silencer 16,124
on or about the offender's person or under the offender's control 16,125
while committing the offense. The specification shall be stated 16,127
at the end of the body of the indictment, count, or information 16,128
and shall be stated in substantially the following form: 16,129
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 16,131
Grand Jurors (or insert the person's or the prosecuting 16,132
attorney's name when appropriate) further find and specify that 16,133
(set forth that the offender had a firearm that is an automatic 16,134
firearm or that was equipped with a firearm muffler or silencer 16,135
on or about the offender's person or under the offender's control 16,136
while committing the offense)." 16,137
(B) Imposition of a six-year mandatory prison term upon an 16,139
offender under division (D)(1)(a) of section 2929.14 of the 16,140
Revised Code is precluded if a court imposes a three-year or 16,142
376
one-year mandatory prison term on the offender under that 16,143
division relative to the same felony.
(C) THE SPECIFICATION DESCRIBED IN DIVISION (A) OF THIS 16,145
SECTION MAY BE USED IN A DELINQUENT CHILD PROCEEDING IN THE 16,146
MANNER AND FOR THE PURPOSE DESCRIBED IN SECTION 2152.17 OF THE 16,147
REVISED CODE.
(D) As used in this section, "firearm" and "automatic 16,149
firearm" have the same meanings as in section 2923.11 of the 16,150
Revised Code.
Sec. 2941.145. (A) Imposition of a three-year mandatory 16,160
prison term upon an offender under division (D)(1)(a) of section 16,161
2929.14 of the Revised Code is precluded unless the indictment, 16,163
count in the indictment, or information charging the offense 16,165
specifies that the offender had a firearm on or about the
offender's person or under the offender's control while 16,166
committing the offense and displayed the firearm, brandished the 16,167
firearm, indicated that the offender possessed the firearm, or 16,168
used it to facilitate the offense. The specification shall be 16,169
stated at the end of the body of the indictment, count, or 16,170
information, and shall be stated in substantially the following 16,172
form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 16,175
Grand Jurors (or insert the person's or the prosecuting 16,176
attorney's name when appropriate) further find and specify that 16,177
(set forth that the offender had a firearm on or about the 16,178
offender's person or under the offender's control while 16,179
committing the offense and displayed the firearm, brandished the
firearm, indicated that the offender possessed the firearm, or 16,180
used it to facilitate the offense)." 16,181
(B) Imposition of a three-year mandatory prison term upon 16,183
an offender under division (D)(1)(a) of section 2929.14 of the 16,185
Revised Code is precluded if a court imposes a one-year or 16,186
six-year mandatory prison term on the offender under that
division relative to the same felony. 16,187
377
(C) THE SPECIFICATION DESCRIBED IN DIVISION (A) OF THIS 16,189
SECTION MAY BE USED IN A DELINQUENT CHILD PROCEEDING IN THE 16,190
MANNER AND FOR THE PURPOSE DESCRIBED IN SECTION 2152.17 OF THE 16,191
REVISED CODE.
(D) As used in this section, "firearm" has the same 16,193
meaning as in section 2923.11 of the Revised Code. 16,195
Sec. 2941.146. (A) Imposition of a mandatory five-year 16,204
prison term upon an offender under division (D)(1)(c) of section 16,206
2929.14 of the Revised Code for committing a violation of section 16,207
2923.161 of the Revised Code or for committing a felony that 16,208
includes, as an essential element, purposely or knowingly causing 16,209
or attempting to cause the death of or physical harm to another 16,211
and that was committed by discharging a firearm from a motor 16,212
vehicle other than a manufactured home is precluded unless the 16,213
indictment, count in the indictment, or information charging the 16,214
offender specifies that the offender committed the offense by 16,215
discharging a firearm from a motor vehicle other than a 16,216
manufactured home. The specification shall be stated at the end 16,217
of the body of the indictment, count, or information, and shall 16,218
be stated in substantially the following form: 16,219
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 16,221
Grand Jurors (or insert the person's or prosecuting attorney's 16,222
name when appropriate) further find and specify that (set forth 16,224
that the offender committed the violation of section 2923.161 of 16,225
the Revised Code or the felony that includes, as an essential 16,226
element, purposely or knowingly causing or attempting to cause
the death of or physical harm to another and that was committed 16,227
by discharging a firearm from a motor vehicle other than a 16,228
manufactured home)." 16,229
(B) THE SPECIFICATION DESCRIBED IN DIVISION (A) OF THIS 16,231
SECTION MAY BE USED IN A DELINQUENT CHILD PROCEEDING IN THE 16,232
MANNER AND FOR THE PURPOSE DESCRIBED IN SECTION 2152.17 OF THE 16,233
REVISED CODE.
(C) As used in this section: 16,235
378
(1) "Firearm" has the same meaning as in section 2923.11 16,237
of the Revised Code; 16,238
(2) "Motor vehicle" and "manufactured home" have the same 16,240
meanings as in section 4501.01 of the Revised Code. 16,241
Sec. 3109.41. As used in sections 3109.41 to 3109.48 of 16,250
the Revised Code: 16,252
(A) A person is "convicted of killing" if the person has 16,255
been convicted of or pleaded guilty to a violation of section 16,256
2903.01, 2903.02, or 2903.03 of the Revised Code. 16,258
(B) "Custody order" means an order designating a person as 16,261
the residential parent and legal custodian of a child under 16,262
section 3109.04 of the Revised Code or any order determining 16,264
custody of a child under section 2151.23, 2151.33, 2151.353, 16,265
2151.354, 2151.355, 2151.356, 2151.415, 2151.417, 2152.16, 16,266
2152.17, 2152.19, 2152.21, or 3113.31 of the Revised Code. 16,268
(C) "Visitation order" means an order issued under 16,270
division (B)(1)(c) of section 2151.33 or under section 2151.412, 16,273
3109.051, 3109.12, or 3113.31 of the Revised Code. 16,275
Sec. 3301.121. (A) In addition to the duties and 16,284
responsibilities of the superintendent of public instruction set 16,285
forth in section 3301.12 of the Revised Code, the superintendent, 16,287
in accordance with this section and section 3313.662 of the 16,288
Revised Code, shall conduct an adjudication procedure to 16,289
determine whether to permanently exclude from attending any of 16,290
the public schools of this state any pupil who is the subject of 16,291
a resolution forwarded to the superintendent by a board of 16,292
education pursuant to division (D) of section 3313.662 of the 16,293
Revised Code. 16,294
(B)(1) Except as provided in division (B)(3) of this 16,296
section, within fourteen days after receipt of a resolution 16,297
forwarded by a board of education pursuant to division (D) of 16,298
section 3313.662 of the Revised Code, the superintendent of 16,299
public instruction or the superintendent's designee shall provide 16,301
the pupil who is the subject of the resolution and that pupil's 16,302
379
parent, guardian, or custodian with a notice of an opportunity 16,303
for an adjudication hearing on the proposed permanent exclusion 16,304
of the pupil from attending any of the public schools of this 16,305
state. The notice shall include all of the following: 16,306
(a) The date, time, and place of the permanent exclusion 16,308
adjudication hearing; 16,309
(b) A statement informing the pupil and the pupil's 16,311
parent, guardian, or custodian that the pupil may attend the 16,312
adjudication hearing at the date, time, and place set forth in 16,313
the notice, that the failure of the pupil or the pupil's parent, 16,314
guardian, or custodian to attend the adjudication hearing will 16,316
result in a waiver of the pupil's right to present evidence, 16,317
testimony, and factors in mitigation of the pupil's permanent 16,318
exclusion at an adjudication hearing on the proposed permanent 16,320
exclusion, and that the pupil shall be accorded all of the 16,321
following rights:
(i) The right to testify, to present evidence and the 16,323
testimony of witnesses, and to confront, cross-examine, and 16,324
compel the attendance of witnesses; 16,325
(ii) The right to a record of the hearing; 16,327
(iii) The right to written findings. 16,329
(c) A statement informing the pupil and the pupil's 16,331
parent, guardian, or custodian that the pupil has the right to be 16,332
represented by counsel at the adjudication hearing. 16,333
(d) A statement informing the pupil and the pupil's 16,335
parent, guardian, or custodian that, if the pupil by failing to 16,336
attend the hearing waives the pupil's right to present evidence, 16,337
testimony, and factors in mitigation of the pupil's permanent 16,339
exclusion at an adjudication hearing on the proposed permanent 16,341
exclusion, the superintendent is required to review the 16,342
information relevant to the permanent exclusion that is available 16,343
to the superintendent and is permitted to enter an order 16,345
requiring the pupil's permanent exclusion from attending any of 16,346
the public schools of this state at any time within seven days 16,347
380
after the conclusion of the adjudication hearing. 16,348
(2) The superintendent or the superintendent's designee 16,350
shall provide the notice required by division (B)(1) of this 16,352
section to the pupil and to the pupil's parent, guardian, or 16,353
custodian by certified mail or personal service. 16,354
(3)(a) If a pupil who is the subject of a resolution 16,356
forwarded to the superintendent of public instruction by a board 16,357
of education pursuant to section 3313.662 of the Revised Code is 16,358
in the custody of the department of youth services pursuant to a 16,359
disposition under division (A)(4), (5), or (7) of section 16,362
2151.355 ANY PROVISION OF CHAPTER 2152. of the Revised Code, 16,364
OTHER THAN DIVISION (A)(1)(a) OF SECTION 2152.16 OF THE REVISED 16,365
CODE, at the time the resolution is forwarded, the department 16,367
shall notify in writing the superintendent of public instruction 16,368
and the board of education that forwarded the resolution of that 16,369
fact. Upon receipt of the notice, the superintendent shall delay 16,370
providing the notice required by division (B)(1) of this section 16,371
and the adjudication of the request for permanent exclusion until 16,372
the superintendent receives further notice from the department 16,374
pursuant to division (B)(3)(b) of this section. 16,375
(b) At least sixty days before a pupil described in 16,377
division (B)(3)(a) of this section will be released from 16,378
institutionalization or institutionalization in a secure facility 16,379
by the department of youth services, the department shall notify 16,380
in writing the superintendent of public instruction and the board 16,381
of education that forwarded the resolution pursuant to section 16,382
3313.662 of the Revised Code of the impending release and shall 16,383
provide in that notice information regarding the extent of the 16,384
education the pupil received while in the custody of the 16,385
department, including whether the pupil has obtained a 16,386
certificate of high school equivalence. 16,387
If the pupil has not obtained a certificate of high school 16,389
equivalence while in the custody of the department of youth 16,390
services, the superintendent of public instruction shall provide 16,391
381
the notice required by division (B)(1) of this section and, at 16,392
least thirty days before the pupil is to be released from 16,393
institutionalization or institutionalization in a secure 16,394
facility, conduct an adjudication procedure to determine whether 16,396
to permanently exclude the pupil from attending the public 16,397
schools of this state in accordance with this section. If the 16,398
pupil has obtained a certificate of high school equivalence while 16,399
in the custody of the department, the superintendent, in the 16,400
superintendent's discretion, may conduct the adjudication. 16,402
(C)(1) Except as provided in division (B)(3) of this 16,404
section, the date of the adjudication hearing set forth in the 16,405
notice required by division (B)(1) of this section shall be a 16,406
date no less than fourteen days nor more than twenty-one days 16,407
from the date the superintendent sends the notice by certified 16,408
mail or initiates personal service of the notice. 16,409
(2) The superintendent, for good cause shown on the 16,411
written request of the pupil or the pupil's parent, guardian, or 16,413
custodian, or on the superintendent's own motion, may grant 16,414
reasonable continuances of any adjudication hearing held under 16,416
this section but shall not grant either party total continuances 16,417
in excess of ten days. 16,418
(3) If a pupil or the pupil's parent, guardian, or 16,420
custodian does not appear at the adjudication hearing on a 16,422
proposed permanent exclusion, the superintendent or the referee 16,423
appointed by the superintendent shall proceed to conduct an 16,425
adjudication hearing on the proposed permanent exclusion on the 16,426
date for the adjudication hearing that is set forth in the notice 16,427
provided pursuant to division (B)(1) of this section or on the 16,428
date to which the hearing was continued pursuant to division 16,429
(C)(2) of this section.
(D)(1) The superintendent or a referee appointed by the 16,431
superintendent may conduct an adjudication hearing to determine 16,433
whether to permanently exclude a pupil in one of the following 16,434
counties:
382
(a) The county in which the superintendent holds the 16,436
superintendent's office; 16,438
(b) Upon the request of the pupil or the pupil's parent, 16,440
guardian, custodian, or attorney, in the county in which the 16,442
board of education that forwarded the resolution requesting the 16,443
permanent exclusion is located if the superintendent, in the 16,444
superintendent's discretion and upon consideration of evidence of 16,446
hardship presented on behalf of the requesting pupil, determines 16,447
that the hearing should be conducted in that county. 16,448
(2) The superintendent of public instruction or a referee 16,450
appointed by the superintendent shall conduct an adjudication 16,451
hearing on a proposed permanent exclusion of a pupil. The 16,452
referee may be an attorney admitted to the practice of law in 16,453
this state but shall not be an attorney that represents the board 16,454
of education that forwarded the resolution requesting the 16,455
permanent exclusion. 16,456
(3) The superintendent or referee who conducts an 16,458
adjudication hearing under this section may administer oaths, 16,459
issue subpoenas to compel the attendance of witnesses and 16,460
evidence, and enforce the subpoenas by a contempt proceeding in 16,461
the court of common pleas as provided by law. The superintendent 16,462
or referee may require the separation of witnesses and may bar 16,463
from the proceedings any person whose presence is not essential 16,464
to the proceedings. 16,465
(4) The superintendent of public instruction shall request 16,467
the department of rehabilitation and correction, the sheriff, the 16,468
department of youth services, or any publicly funded out-of-home 16,469
care entity that has legal custody of a pupil who is the subject 16,470
of an adjudication hearing held pursuant to this section to 16,471
transport the pupil to the place of the adjudication hearing at 16,472
the time and date set for the hearing. The department, sheriff, 16,473
or publicly funded out-of-home care entity that receives the 16,474
request shall provide transportation for the pupil who is the 16,475
subject of the adjudication hearing to the place of the hearing 16,476
383
at the time and date set for the hearing. The department, 16,477
sheriff, or entity shall pay the cost of transporting the pupil 16,478
to and from the hearing. 16,479
(E)(1) An adjudication hearing held pursuant to this 16,481
section shall be adversary in nature, shall be conducted fairly 16,482
and impartially, and may be conducted without the formalities of 16,483
a criminal proceeding. A pupil whose permanent exclusion is 16,484
being adjudicated has the right to be represented by counsel at 16,485
the adjudication hearing. If the pupil has the financial 16,486
capacity to retain counsel, the superintendent or the referee is 16,488
not required to provide counsel for the pupil. At the
adjudication hearing, the pupil also has the right to 16,489
cross-examine witnesses against the pupil, to testify, to present 16,491
evidence and the testimony of witnesses on the pupil's behalf, 16,493
and to raise factors in mitigation of the pupil's being 16,494
permanently excluded. 16,495
(2) In an adjudication hearing held pursuant to this 16,497
section and section 3313.662 of the Revised Code, a 16,498
representative of the school district of the board of education 16,499
that adopted and forwarded the resolution requesting the 16,500
permanent exclusion of the pupil shall present the case for 16,501
permanent exclusion to the superintendent or the referee. The 16,502
representative of the school district may be an attorney admitted 16,503
to the practice of law in this state. At the adjudication 16,504
hearing, the representative of the school district shall present 16,505
evidence in support of the requested permanent exclusion. The 16,506
superintendent or the superintendent's designee shall consider 16,508
the entire school record of the pupil who is the subject of the 16,509
adjudication and shall consider any of the following information 16,510
that is available: 16,511
(a) The academic record of the pupil and a record of any 16,513
extracurricular activities in which the pupil previously was 16,515
involved;
(b) The disciplinary record of the pupil and any available 16,517
384
records of the pupil's prior behavioral problems other than the 16,519
behavioral problems contained in the disciplinary record;
(c) The social history of the pupil; 16,521
(d) The pupil's response to the imposition of prior 16,523
discipline and sanctions imposed for behavioral problems; 16,524
(e) Evidence regarding the seriousness of and any 16,526
aggravating factors related to the offense that is the basis of 16,527
the resolution seeking permanent exclusion; 16,528
(f) Any mitigating circumstances surrounding the offense 16,530
that gave rise to the request for permanent exclusion; 16,531
(g) Evidence regarding the probable danger posed to the 16,533
health and safety of other pupils or of school employees by the 16,534
continued presence of the pupil in a public school setting; 16,535
(h) Evidence regarding the probable disruption of the 16,537
teaching of any school district's graded course of study by the 16,538
continued presence of the pupil in a public school setting; 16,539
(i) Evidence regarding the availability of alternative 16,541
sanctions of a less serious nature than permanent exclusion that 16,542
would enable the pupil to remain in a public school setting 16,543
without posing a significant danger to the health and safety of 16,544
other pupils or of school employees and without posing a threat 16,545
of the disruption of the teaching of any district's graded course 16,546
of study. 16,547
(3) In any adjudication hearing conducted pursuant to this 16,549
section and section 3313.662 of the Revised Code, a court order 16,550
that proves the adjudication or conviction that is the basis for 16,551
the resolution of the board of education seeking permanent 16,552
exclusion is sufficient evidence to prove that the pupil 16,553
committed a violation as specified in division (F)(1) of this 16,554
section. 16,555
(4) The superintendent or the referee shall make or cause 16,557
to be made a record of any adjudication hearing conducted 16,558
pursuant to this section. 16,559
(5) A referee who conducts an adjudication hearing 16,561
385
pursuant to this section shall promptly report the referee's 16,562
findings in writing to the superintendent at the conclusion of 16,564
the adjudication hearing. 16,565
(F) If an adjudication hearing is conducted or a 16,567
determination is made pursuant to this section and section 16,568
3313.662 of the Revised Code, the superintendent shall review and 16,569
consider the evidence presented, the entire school record of the 16,570
pupil, and any available information described in divisions 16,571
(E)(2)(a) to (i) of this section and shall not enter an order of 16,572
permanent exclusion unless the superintendent or the 16,573
superintendent's appointed referee finds, by a preponderance of 16,575
the evidence, both of the following: 16,576
(1) That the pupil was convicted of or adjudicated a 16,578
delinquent child for committing a violation listed in division 16,579
(A) of section 3313.662 of the Revised Code and that the 16,580
violation was committed when the child was sixteen years of age 16,581
or older; 16,582
(2) That the pupil's continued attendance in the public 16,584
school system may endanger the health and safety of other pupils 16,585
or school employees. 16,586
(G)(1) Within seven days after the conclusion of an 16,588
adjudication hearing that is conducted pursuant to this section, 16,589
the superintendent of public instruction shall enter an order in 16,590
relation to the permanent exclusion of the pupil who is the 16,591
subject of the hearing or determination. 16,592
(2) If the superintendent or a referee makes the findings 16,594
described in divisions (F)(1) and (2) of this section, the 16,595
superintendent shall issue a written order that permanently 16,596
excludes the pupil from attending any of the public schools of 16,597
this state and immediately shall send a written notice of the 16,598
order to the board of education that forwarded the resolution, to 16,599
the pupil who was the subject of the resolution, to that pupil's 16,600
parent, guardian, or custodian, and to that pupil's attorney, 16,602
that includes all of the following: 16,603
386
(a) A copy of the order of permanent exclusion; 16,605
(b) A statement informing the pupil and the pupil's 16,607
parent, guardian, or custodian of the pupil's right to appeal the 16,608
order of permanent exclusion pursuant to division (H) of this 16,609
section and of the possible revocation of the permanent exclusion 16,610
pursuant to division (I) of this section if a final judicial 16,611
determination reverses the conviction or adjudication that was 16,612
the basis for the permanent exclusion; 16,613
(c) A statement informing the pupil and the pupil's 16,615
parent, guardian, or custodian of the provisions of divisions 16,616
(F), (G), and (H) of section 3313.662 of the Revised Code. 16,617
(3) If the superintendent or a referee does not make the 16,619
findings described in divisions (F)(1) and (2) of this section, 16,620
the superintendent shall issue a written order that rejects the 16,621
resolution of the board of education and immediately shall send 16,622
written notice of that fact to the board of education that 16,623
forwarded the resolution, to the pupil who was the subject of the 16,624
proposed resolution, and to that pupil's parent, guardian, or 16,625
custodian. 16,626
(H) A pupil may appeal an order of permanent exclusion 16,628
made by the superintendent of public instruction pursuant to this 16,629
section and section 3313.662 of the Revised Code to the court of 16,630
common pleas of the county in which the board of education that 16,631
forwarded the resolution requesting the permanent exclusion is 16,632
located. The appeal shall be conducted in accordance with 16,633
Chapter 2505. of the Revised Code. 16,634
(I) If a final judicial determination reverses the 16,636
conviction or adjudication that is the basis of a permanent 16,637
exclusion ordered under this section, the superintendent of 16,638
public instruction, upon receipt of a certified copy of an order 16,639
reflecting that final determination from the pupil or that 16,640
pupil's parent, guardian, custodian, or attorney, shall revoke 16,641
the order of permanent exclusion. 16,642
(J) As used in this section: 16,644
387
(1) "Permanently exclude" and "permanent exclusion" have 16,646
the same meanings as in section 3313.662 of the Revised Code. 16,647
(2) "Out-of-home care" and "legal custody" have the same 16,649
meanings as in section 2151.011 of the Revised Code. 16,650
(3) "Certificate of high school equivalence" has the same 16,652
meaning as in section 4109.06 of the Revised Code. 16,653
Sec. 3313.66. (A) Except as provided under division 16,662
(B)(2) of this section, the superintendent of schools of a city, 16,664
exempted village, or local school district, or the principal of a 16,665
public school may suspend a pupil from school for not more than 16,666
ten school days. The board of education of a city, exempted 16,667
village, or local school district may adopt a policy granting 16,668
assistant principals and other administrators the authority to 16,669
suspend a pupil from school for a period of time as specified in 16,670
the policy of the board of education, not to exceed ten school 16,671
days. If at the time a suspension is imposed there are fewer 16,673
than ten school days remaining in the school year in which the 16,674
incident that gives rise to the suspension takes place, the 16,675
superintendent may apply any remaining part or all of the period 16,676
of the suspension to the following school year. Except in the 16,677
case of a pupil given an in-school suspension, no pupil shall be 16,678
suspended unless prior to the suspension such superintendent or 16,679
principal does both of the following: 16,680
(1) Gives the pupil written notice of the intention to 16,682
suspend the pupil and the reasons for the intended suspension 16,684
and, if the proposed suspension is based on a violation listed in 16,685
division (A) of section 3313.662 of the Revised Code and if the 16,686
pupil is sixteen years of age or older, includes in the notice a 16,687
statement that the superintendent may seek to permanently exclude 16,688
the pupil if the pupil is convicted of or adjudicated a 16,689
delinquent child for that violation; 16,691
(2) Provides the pupil an opportunity to appear at an 16,693
informal hearing before the principal, assistant principal, 16,694
superintendent, or superintendent's designee and challenge the 16,695
388
reason for the intended suspension or otherwise to explain the 16,696
pupil's actions. 16,697
(B)(1) Except as provided under division (B)(2), (3), or 16,700
(4) of this section, the superintendent of schools of a city, 16,701
exempted village, or local school district may expel a pupil from 16,702
school for a period not to exceed the greater of eighty school 16,703
days or the number of school days remaining in the semester or 16,704
term in which the incident that gives rise to the expulsion takes 16,705
place, unless the expulsion is extended pursuant to division (F) 16,706
of this section. If at the time an expulsion is imposed there 16,707
are fewer than eighty school days remaining in the school year in 16,708
which the incident that gives rise to the expulsion takes place, 16,709
the superintendent may apply any remaining part or all of the 16,710
period of the expulsion to the following school year. 16,711
(2)(a) Unless a pupil is permanently excluded pursuant to 16,713
section 3313.662 of the Revised Code, the superintendent of 16,714
schools of a city, exempted village, or local school district 16,716
shall expel a pupil from school for a period of one year for 16,717
bringing a firearm to a school operated by the board of education
of the district or onto any other property owned or controlled by 16,719
the board, except that the superintendent may reduce this 16,721
requirement on a case-by-case basis in accordance with the policy 16,722
adopted by the board under section 3313.661 of the Revised Code. 16,723
(b) The superintendent of schools of a city, exempted 16,725
village, or local school district may expel a pupil from school 16,726
for a period of one year for bringing a firearm to an 16,728
interscholastic competition, an extracurricular event, or any
other school program or activity that is not located in a school 16,730
or on property that is owned or controlled by the district. The 16,731
superintendent may reduce this disciplinary action on a 16,732
case-by-case basis in accordance with the policy adopted by the 16,733
board under section 3313.661 of the Revised Code.
(c) Any expulsion pursuant to division (B)(2) of this 16,736
section shall extend, as necessary, into the school year 16,737
389
following the school year in which the incident that gives rise 16,739
to the expulsion takes place. As used in this division, 16,740
"firearm" has the same meaning as provided pursuant to the 16,741
"Gun-Free Schools Act of 1994," 108 Stat. 270, 20 U.S.C. 16,742
8001(a)(2). 16,743
(3) The board of education of a city, exempted village, or 16,746
local school district may adopt a resolution authorizing the 16,747
superintendent of schools to expel a pupil from school for a 16,748
period not to exceed one year for bringing a knife to a school 16,749
operated by the board, onto any other property owned or 16,750
controlled by the board, or to an interscholastic competition, an 16,751
extracurricular event, or any other program or activity sponsored 16,752
by the school district or in which the district is a participant, 16,753
or for possessing a firearm or knife at a school, on any other 16,755
property owned or controlled by the board, or at an 16,757
interscholastic competition, an extracurricular event, or any
other school program or activity, which firearm or knife was 16,759
initially brought onto school board property by another person. 16,760
The resolution may authorize the superintendent to extend such an 16,761
expulsion, as necessary, into the school year following the 16,762
school year in which the incident that gives rise to the 16,763
expulsion takes place.
(4) The board of education of a city, exempted village, or 16,766
local school district may adopt a resolution establishing a 16,767
policy under section 3313.661 of the Revised Code that authorizes 16,768
the superintendent of schools to expel a pupil from school for a 16,770
period not to exceed one year for committing an act that is a 16,771
criminal offense when committed by an adult and that results in 16,772
serious physical harm to persons as defined in division (A)(5) of 16,773
section 2901.01 of the Revised Code or serious physical harm to 16,776
property as defined in division (A)(6) of section 2901.01 of the 16,778
Revised Code while the pupil is at school, on any other property 16,780
owned or controlled by the board, or at an interscholastic 16,782
competition, an extracurricular event, or any other school 16,783
390
program or activity. Any expulsion under this division shall 16,784
extend, as necessary, into the school year following the school 16,786
year in which the incident that gives rise to the expulsion takes 16,787
place.
(5) No pupil shall be expelled under division (B)(1), (2), 16,789
(3), or (4) of this section unless, prior to the pupil's 16,791
expulsion, the superintendent does both of the following: 16,792
(a) Gives the pupil and the pupil's parent, guardian, or 16,794
custodian written notice of the intention to expel the pupil; 16,796
(b) Provides the pupil and the pupil's parent, guardian, 16,798
custodian, or representative an opportunity to appear in person 16,799
before the superintendent or the superintendent's designee to 16,801
challenge the reasons for the intended expulsion or otherwise to
explain the pupil's actions. 16,802
The notice required in this division shall include the 16,804
reasons for the intended expulsion, notification of the 16,805
opportunity of the pupil and the pupil's parent, guardian, 16,806
custodian, or representative to appear before the superintendent 16,808
or the superintendent's designee to challenge the reasons for the 16,809
intended expulsion or otherwise to explain the pupil's action, 16,811
and notification of the time and place to appear. The time to 16,812
appear shall not be earlier than three nor later than five school 16,813
days after the notice is given, unless the superintendent grants 16,814
an extension of time at the request of the pupil or the pupil's 16,815
parent, guardian, custodian, or representative. If an extension 16,816
is granted after giving the original notice, the superintendent 16,817
shall notify the pupil and the pupil's parent, guardian, 16,818
custodian, or representative of the new time and place to appear. 16,820
If the proposed expulsion is based on a violation listed in 16,821
division (A) of section 3313.662 of the Revised Code and if the 16,822
pupil is sixteen years of age or older, the notice shall include 16,823
a statement that the superintendent may seek to permanently 16,824
exclude the pupil if the pupil is convicted of or adjudicated a 16,825
delinquent child for that violation. 16,826
391
(6) A superintendent of schools of a city, exempted 16,828
village, or local school district shall initiate expulsion 16,829
proceedings pursuant to this section with respect to any pupil 16,830
who has committed an act warranting expulsion under the 16,831
district's policy regarding expulsion even if the pupil has 16,832
withdrawn from school for any reason after the incident that 16,833
gives rise to the hearing but prior to the hearing or decision to 16,834
impose the expulsion. If, following the hearing, the pupil would 16,835
have been expelled for a period of time had the pupil still been 16,836
enrolled in the school, the expulsion shall be imposed for the 16,838
same length of time as on a pupil who has not withdrawn from the
school. 16,839
(C) If a pupil's presence poses a continuing danger to 16,841
persons or property or an ongoing threat of disrupting the 16,842
academic process taking place either within a classroom or 16,843
elsewhere on the school premises, the superintendent or a 16,844
principal or assistant principal may remove a pupil from 16,845
curricular activities or from the school premises, and a teacher 16,847
may remove a pupil from curricular activities under the teacher's 16,848
supervision, without the notice and hearing requirements of 16,850
division (A) or (B) of this section. As soon as practicable 16,851
after making such a removal, the teacher shall submit in writing 16,852
to the principal the reasons for such removal. 16,853
If a pupil is removed under this division from a curricular 16,855
activity or from the school premises, written notice of the 16,857
hearing and of the reason for the removal shall be given to the 16,858
pupil as soon as practicable prior to the hearing, which shall be 16,859
held within three school days from the time the initial removal 16,860
is ordered. The hearing shall be held in accordance with 16,861
division (A) of this section unless it is probable that the pupil 16,862
may be subject to expulsion, in which case a hearing in 16,863
accordance with division (B) of this section shall be held, 16,864
except that the hearing shall be held within three school days of 16,865
the initial removal. The individual who ordered, caused, or 16,866
392
requested the removal to be made shall be present at the hearing. 16,867
If the superintendent or the principal reinstates a pupil 16,869
in a curricular activity under the teacher's supervision prior to 16,871
the hearing following a removal under this division, the teacher, 16,872
upon request, shall be given in writing the reasons for such 16,873
reinstatement.
(D) The superintendent or principal, within one school day 16,875
after the time of a pupil's expulsion or suspension, shall notify 16,876
in writing the parent, guardian, or custodian of the pupil and 16,877
the treasurer of the board of education of the expulsion or 16,878
suspension. The notice shall include the reasons for the 16,879
expulsion or suspension, notification of the right of the pupil 16,880
or the pupil's parent, guardian, or custodian to appeal the 16,881
expulsion or suspension to the board of education or to its 16,882
designee, to be represented in all appeal proceedings, to be 16,883
granted a hearing before the board or its designee in order to be 16,884
heard against the suspension or expulsion, and to request that 16,885
the hearing be held in executive session, notification that the 16,886
expulsion may be subject to extension pursuant to division (F) of 16,887
this section if the pupil is sixteen years of age or older, and 16,888
notification that the superintendent may seek the pupil's 16,889
permanent exclusion if the suspension or expulsion was based on a 16,890
violation listed in division (A) of section 3313.662 of the 16,891
Revised Code that was committed when the child was sixteen years 16,892
of age or older and if the pupil is convicted of or adjudicated a 16,893
delinquent child for that violation. 16,894
Any superintendent expelling a pupil under this section for 16,896
more than twenty school days or for any period of time if the 16,897
expulsion will extend into the following semester or school year 16,898
shall, in the notice required under this division, provide the 16,899
pupil and the pupil's parent, guardian, or custodian with 16,900
information about services or programs offered by public and 16,902
private agencies that work toward improving those aspects of the 16,903
pupil's attitudes and behavior that contributed to the incident 16,904
393
that gave rise to the pupil's expulsion. The information shall 16,905
include the names, addresses, and phone numbers of the 16,906
appropriate public and private agencies. 16,907
(E) A pupil or the pupil's parent, guardian, or custodian 16,909
may appeal the pupil's expulsion by a superintendent or 16,911
suspension by a superintendent, principal, assistant principal, 16,913
or other administrator to the board of education or to its 16,914
designee. The pupil or the pupil's parent, guardian, or 16,915
custodian may be represented in all appeal proceedings and shall 16,917
be granted a hearing before the board or its designee in order to 16,918
be heard against the suspension or expulsion. At the request of 16,919
the pupil or of the pupil's parent, guardian, custodian, or 16,920
attorney, the board or its designee may hold the hearing in 16,921
executive session but shall act upon the suspension or expulsion 16,922
only at a public meeting. The board, by a majority vote of its 16,923
full membership or by the action of its designee, may affirm the 16,924
order of suspension or expulsion, reinstate the pupil, or 16,925
otherwise reverse, vacate, or modify the order of suspension or 16,926
expulsion.
The board or its designee shall make a verbatim record of 16,928
hearings held under this division. The decisions of the board or 16,929
its designee may be appealed under Chapter 2506. of the Revised 16,930
Code. 16,931
This section shall not be construed to require notice and 16,933
hearing in accordance with division (A), (B), or (C) of this 16,934
section in the case of normal disciplinary procedures in which a 16,935
pupil is removed from a curricular activity for a period of less 16,937
than one school day and is not subject to suspension or 16,938
expulsion.
(F)(1) If a pupil is expelled pursuant to division (B) of 16,940
this section for committing any violation listed in division (A) 16,941
of section 3313.662 of the Revised Code and the pupil was sixteen 16,943
years of age or older at the time of committing the violation, if 16,944
a complaint, INDICTMENT, OR INFORMATION is filed pursuant to 16,945
394
section 2151.27 of the Revised Code alleging that the pupil is a 16,947
delinquent child based upon the commission of the violation or 16,948
the pupil is prosecuted as an adult for the commission of the 16,949
violation, and if the resultant juvenile court or criminal 16,950
proceeding is pending at the time that the expulsion terminates, 16,951
the superintendent of schools that expelled the pupil may file a 16,952
motion with the court in which the proceeding is pending 16,953
requesting an order extending the expulsion for the lesser of an 16,954
additional eighty days or the number of school days remaining in 16,955
the school year. Upon the filing of the motion, the court 16,956
immediately shall schedule a hearing and give written notice of 16,957
the time, date, and location of the hearing to the superintendent 16,958
and to the pupil and the pupil's parent, guardian, or custodian. 16,960
At the hearing, the court shall determine whether there is 16,961
reasonable cause to believe that the pupil committed the alleged 16,962
violation that is the basis of the expulsion and, upon
determining that reasonable cause to believe the pupil committed 16,964
the violation does exist, shall grant the requested extension.
(2) If a pupil has been convicted of or adjudicated a 16,966
delinquent child for a violation listed in division (A) of 16,967
section 3313.662 of the Revised Code for an act that was 16,968
committed when the child was sixteen years of age or older, if 16,969
the pupil has been expelled pursuant to division (B) of this 16,970
section for that violation, and if the board of education of the 16,971
school district of the school from which the pupil was expelled 16,973
has adopted a resolution seeking the pupil's permanent exclusion, 16,974
the superintendent may file a motion with the court that
convicted the pupil or adjudicated the pupil a delinquent child 16,976
requesting an order to extend the expulsion until an adjudication 16,977
order or other determination regarding permanent exclusion is 16,978
issued by the superintendent of public instruction pursuant to 16,979
section 3301.121 and division (D) of section 3313.662 of the 16,980
Revised Code. Upon the filing of the motion, the court 16,981
immediately shall schedule a hearing and give written notice of 16,982
395
the time, date, and location of the hearing to the superintendent 16,983
of the school district, the pupil, and the pupil's parent, 16,984
guardian, or custodian. At the hearing, the court shall 16,985
determine whether there is reasonable cause to believe the 16,986
pupil's continued attendance in the public school system may 16,987
endanger the health and safety of other pupils or school 16,988
employees and, upon making that determination, shall grant the 16,989
requested extension.
(G) The failure of the superintendent or the board of 16,991
education to provide the information regarding the possibility of 16,992
permanent exclusion in the notice required by divisions (A), (B), 16,993
and (D) of this section is not jurisdictional, and the failure 16,994
shall not affect the validity of any suspension or expulsion 16,995
procedure that is conducted in accordance with this section or 16,996
the validity of a permanent exclusion procedure that is conducted 16,997
in accordance with sections 3301.121 and 3313.662 of the Revised 16,998
Code. 16,999
(H) With regard to suspensions and expulsions pursuant to 17,001
divisions (A) and (B) of this section by the board of education 17,002
of any city, exempted village, or local school district, this 17,003
section shall apply to any student, whether or not the student is 17,004
enrolled in the district, attending or otherwise participating in 17,005
any curricular program provided in a school operated by the board 17,006
or provided on any other property owned or controlled by the 17,007
board. 17,008
(I) Whenever a student is expelled under this section, the 17,010
expulsion shall result in removal of the student from the 17,011
student's regular school setting. However, during the period of 17,012
the expulsion, the board of education of the school district that 17,013
expelled the student or any board of education admitting the 17,014
student during that expulsion period may provide educational
services to the student in an alternative setting. 17,015
(J)(1) Notwithstanding section 3313.64 or 3313.65 of the 17,017
Revised Code, any school district, after offering an opportunity 17,020
396
for a hearing, may temporarily deny admittance to any pupil if 17,021
one of the following applies:
(a) The pupil has been suspended from the schools of 17,023
another district under division (A) of this section and the 17,024
period of suspension, as established under that division, has not 17,025
expired;
(b) The pupil has been expelled from the schools of 17,027
another district under division (B) of this section and the 17,028
period of the expulsion, as established under that division or as 17,029
extended under division (F) of this section, has not expired. 17,030
If a pupil is temporarily denied admission under this 17,033
division, the pupil shall be admitted to school in accordance 17,034
with section 3313.64 or 3313.65 of the Revised Code no later than
upon expiration of the suspension or expulsion period, as 17,036
applicable. 17,037
(2) Notwithstanding section 3313.64 or 3313.65 of the 17,039
Revised Code, any school district, after offering an opportunity 17,041
for a hearing, may temporarily deny admittance to any pupil if 17,042
the pupil has been expelled or otherwise removed for disciplinary 17,043
purposes from a public school in another state and the period of 17,044
expulsion or removal has not expired. If a pupil is temporarily 17,045
denied admission under this division, the pupil shall be admitted
to school in accordance with section 3313.64 or 3313.65 of the 17,046
Revised Code no later than the earlier of the following: 17,048
(a) Upon expiration of the expulsion or removal period 17,050
imposed by the out-of-state school; 17,051
(b) Upon expiration of a period established by the 17,053
district, beginning with the date of expulsion or removal from 17,054
the out-of-state school, that is no greater than the period of 17,055
expulsion that the pupil would have received under the policy 17,056
adopted by the district under section 3313.661 of the Revised 17,057
Code had the offense that gave rise to the expulsion or removal 17,059
by the out-of-state school been committed while the pupil was 17,060
enrolled in the district.
397
(K) As used in this section: 17,062
(1) "Permanently exclude" and "permanent exclusion" have 17,065
the same meanings as in section 3313.662 of the Revised Code. 17,066
(2) "In-school suspension" means the pupil will serve all 17,068
of the suspension in a school setting. 17,069
Sec. 3321.19. (A) As used in this section and section 17,078
3321.191 of the Revised Code, "habitual: 17,079
(1) "HABITUAL truant" and "chronic truant" have HAS the 17,081
same meanings MEANING as in section 2151.011 of the Revised Code. 17,083
(2) "CHRONIC TRUANT" HAS THE SAME MEANING AS IN SECTION 17,085
2152.02 OF THE REVISED CODE. 17,086
(B) When a board of education of any city, exempted 17,089
village, local, joint vocational, or cooperative education school 17,090
district or the governing board of any educational service center 17,091
determines that a student in its district has been truant and the 17,092
parent, guardian, or other person having care of the child has 17,093
failed to cause the student's attendance at school, the board may 17,094
require the parent, guardian, or other person having care of the 17,096
child pursuant to division (B) of this section to attend an 17,097
educational program established pursuant to rules adopted by the 17,098
state board of education for the purpose of encouraging parental 17,099
involvement in compelling the attendance of the child at school. 17,100
No parent, guardian, or other person having care of a child 17,102
shall fail without good cause to attend an educational program 17,104
described in this division if the parent, guardian, or other 17,105
person has been served notice pursuant to division (C) of this 17,106
section.
(C) On the request of the superintendent of schools, the 17,108
superintendent of any educational service center, the board of 17,110
education of any city, exempted village, local, joint vocational,
or cooperative education school district, or the governing board 17,111
of any educational service center or when it otherwise comes to 17,112
the notice of the attendance officer or other appropriate officer 17,114
of the school district, the attendance officer or other 17,115
398
appropriate officer shall examine into any case of supposed 17,116
truancy within the district and shall warn the child, if found 17,117
truant, and the child's parent, guardian, or other person having 17,119
care of the child, in writing, of the legal consequences of being 17,121
an habitual or chronic truant. When any child of compulsory 17,123
school age, in violation of law, is not attending school, the
attendance or other appropriate officer shall notify the parent, 17,124
guardian, or other person having care of that child of the fact, 17,126
and require the parent, guardian, or other person to cause the 17,127
child to attend school immediately. The parent, guardian, or 17,128
other person having care of the child shall cause the child's
attendance at school. Upon the failure of the parent, guardian, 17,129
or other person having care of the child to do so, the attendance 17,131
officer or other appropriate officer, if so directed by the 17,132
superintendent, the district board, or the educational service 17,133
center governing board, shall send notice requiring the 17,134
attendance of that parent, guardian, or other person at a 17,135
parental education program established pursuant to division (B) 17,136
of this section and, subject to divisions (D) and (E) of this 17,138
section, may file a complaint against the parent, guardian, or
other person having care of the child in any court of competent 17,139
jurisdiction.
(D) Upon the failure of the parent, guardian, or other 17,141
person having care of the child to cause the child's attendance 17,142
at school, if the child is considered an habitual truant, the 17,143
board of education of the school district or the governing board 17,145
of the educational service center shall do either or both of the 17,146
following:
(1) Take any appropriate action as an intervention 17,148
strategy contained in the policy developed by the board pursuant 17,149
to section 3321.191 of the Revised Code; 17,150
(2) File a complaint in the juvenile court of the county 17,153
in which the child has a residence or legal settlement or in 17,154
which the child is supposed to attend school jointly against the
399
child and the parent, guardian, or other person having care of 17,155
the child. A complaint filed in the juvenile court under this 17,156
division shall allege that the child is an unruly child for being 17,157
an habitual truant or is a delinquent child for being an habitual 17,158
truant who previously has been adjudicated an unruly child for 17,159
being an habitual truant and that the parent, guardian, or other 17,160
person having care of the child has violated section 3321.38 of 17,161
the Revised Code.
(E) Upon the failure of the parent, guardian, or other 17,163
person having care of the child to cause the child's attendance 17,164
at school, if the child is considered a chronic truant, the board 17,165
of education of the school district or the governing board of the 17,166
educational service center shall file a complaint in the juvenile 17,168
court of the county in which the child has a residence or legal 17,169
settlement or in which the child is supposed to attend school 17,170
jointly against the child and the parent, guardian, or other 17,171
person having care of the child. A complaint filed in the
juvenile court under this division shall allege that the child is 17,173
a delinquent child for being a chronic truant and that the
parent, guardian, or other person having care of the child has 17,175
violated section 3321.38 of the Revised Code. 17,176
Sec. 3321.22. (A) Except as provided in division (B) of 17,186
this section, if a complaint is filed against the parent,
guardian, or other person in charge of a child for a failure to 17,187
cause the child to attend school or a part-time school or class 17,189
and if the parent, guardian, or other person proves an inability 17,190
to do so, then the parent, guardian, or other person in charge of 17,191
a child shall be discharged. Upon the discharge, the attendance 17,192
officer shall file a complaint before the judge of the juvenile 17,193
court of the county alleging that the child is a delinquent 17,194
child, unruly child, or dependent child within the meaning of 17,195
section 2151.02, 2151.021 2151.022, or 2151.04, OR 2152.02 of the 17,196
Revised Code. The judge shall hear the complaint and if the 17,198
judge determines that the child is a delinquent, unruly, or 17,199
400
dependent child within one of those sections the judge shall deal 17,200
with the child according to section 2151.35 or 2151.36 of the 17,201
Revised Code.
(B) Division (A) of this section does not apply regarding 17,204
a complaint filed under division (D) or (E) of section 3321.19 of 17,205
the Revised Code or otherwise filed and alleging that a child is 17,206
an habitual truant or chronic truant.
Sec. 3730.07. (A)(1) Unless consent has been given in 17,215
accordance with section 3730.06 of the Revised Code, no 17,216
individual who is under age eighteen shall obtain or attempt to 17,217
obtain a tattooing service, body piercing service, or ear 17,218
piercing service performed with an ear piercing gun.
(2) No individual who is under age eighteen shall 17,220
knowingly show or give false information concerning the 17,221
individual's name, age, or other identification for the purpose 17,222
of obtaining a tattooing service, body piercing service, or ear 17,223
piercing service performed with an ear piercing gun.
(B)(1) No individual shall knowingly show or give any 17,226
false information as to the name, age, or other identification of 17,227
an individual who is under age eighteen for the purpose of
obtaining for the individual under age eighteen a tattooing 17,228
service, body piercing service, or ear piercing service performed 17,229
with an ear piercing gun.
(2)(B) No individual shall impersonate the parent, 17,231
guardian, or custodian of an individual who is under age eighteen 17,233
for the purpose of obtaining for the individual under age 17,234
eighteen a tattooing service, body piercing service, or ear 17,235
piercing service performed with an ear piercing gun. 17,236
Sec. 3730.99. (A) Whoever violates division (A), (B), or 17,246
(C) of section 3730.02 or division (A) of section 3730.06 of the 17,247
Revised Code is guilty of a misdemeanor of the fourth degree. 17,248
(B) Whoever violates division (B)(1)(A) or (2)(B) of 17,251
section 3730.07 of the Revised Code is guilty of a misdemeanor of 17,252
the first degree.
401
(C)(1) Whoever violates division (A)(1) of section 3730.07 17,254
of the Revised Code is a delinquent child and is subject to an 17,255
order of disposition under division (A)(8) of section 2151.355 of 17,256
the Revised Code, which order of disposition shall require the 17,258
child to pay a fine as described in division (B) of section 17,259
2151.3512 of the Revised Code.
(2) Whoever violates division (A)(2) of section 3730.07 of 17,261
the Revised Code is a delinquent child and is subject to an order 17,263
of disposition under division (A)(8) of section 2151.355 of the 17,264
Revised Code, which order of disposition shall require the child 17,265
to pay a fine as described in division (E) of section 2151.3512 17,266
of the Revised Code.
Sec. 4109.08. (A) No minor shall be employed unless the 17,275
employer keeps on the premises a complete list of all minors 17,276
employed by the employer at a particular establishment and a 17,277
printed abstract to be furnished by the director of commerce 17,279
summarizing the provisions of this chapter. 17,280
The list and abstract shall be posted in plain view in a 17,282
conspicuous place which is frequented by the largest number of 17,283
minor employees, and to which all minor employees have access. 17,284
(B) An enforcement official may require any employer, in 17,286
or about whose establishment an employee apparently under 17,287
eighteen years of age is employed and whose age and schooling 17,288
certificate is not filed as required by section 4109.02 of the 17,289
Revised Code, to furnish the enforcement official satisfactory 17,290
evidence that the employee is in fact eighteen years of age or 17,291
older. The enforcement official shall require from the employer, 17,292
unless an over-age certificate issued in accordance with section 17,293
3331.15 of the Revised Code is held by the employee, the same 17,294
evidence of age of the employee as is required by section 3331.02 17,295
of the Revised Code upon the issuance of an age and schooling 17,296
certificate. No employer shall fail to produce the evidence. 17,297
(C) Any employee apparently under eighteen years of age, 17,299
working in any occupation or establishment with respect to which 17,300
402
there are restrictions by rule or law governing the employment of 17,301
minors, with respect to whom the employer has not furnished 17,302
satisfactory evidence that the person is at or above the age 17,303
required for performance of employment with the employer after 17,304
being requested to do so, and who refuses to give to an 17,305
enforcement official the employee's name, age, and place of 17,306
residence may be taken into custody and charged with being an 17,308
unruly child or other appropriate charge under Chapter 2151. OR 17,309
2152. of the Revised Code. 17,310
(D) No person shall, with the intent to assist a minor to 17,312
procure employment, make a false statement to any employer or to 17,313
any person authorized to issue an age and schooling certificate. 17,314
Sec. 5103.03. The director of job and family services 17,324
shall adopt rules as necessary for the adequate and competent 17,326
management of institutions or associations. Except for
facilities under the control of the department of youth services, 17,328
places of detention for children established and maintained
pursuant to sections 2151.34 2152.41 to 2151.3415 2152.44 of the 17,330
Revised Code, and child day-care centers subject to Chapter 5104. 17,331
of the Revised Code, the department of job and family services 17,332
every two years shall pass upon the fitness of every institution 17,334
and association that receives, or desires to receive and care for
children, or places children in private homes. 17,335
When the department of job and family services is satisfied 17,337
as to the care given such children, and that the requirements of 17,338
the statutes and rules covering the management of such 17,339
institutions and associations are being complied with, it shall 17,340
issue to the institution or association a certificate to that 17,341
effect. A certificate is valid for two years, unless sooner 17,342
revoked by the department. When determining whether an 17,343
institution or association meets a particular requirement for 17,344
certification, the department may consider the institution or 17,345
association to have met the requirement if the institution or 17,346
association shows to the department's satisfaction that it has 17,347
403
met a comparable requirement to be accredited by a nationally 17,348
recognized accreditation organization. 17,349
The department may issue a temporary certificate valid for 17,351
less than one year authorizing an institution or association to 17,352
operate until minimum requirements have been met. 17,353
The department may revoke a certificate if it finds that 17,355
the institution or association is in violation of law or rule. 17,357
No juvenile court shall commit a child to an association or
institution that is required to be certified under this section 17,359
if its certificate has been revoked or, if after revocation, the 17,360
date of reissue is less than fifteen months prior to the proposed 17,361
commitment.
Every two years, on a date specified by the department, 17,363
each institution or association desiring certification or 17,364
recertification shall submit to the department a report showing 17,365
its condition, management, competency to care adequately for the 17,366
children who have been or may be committed to it or to whom it 17,367
provides care or services, the system of visitation it employs 17,368
for children placed in private homes, and other information the 17,369
department requires. 17,370
The department shall, not less than once each year, send a 17,372
list of certified institutions and associations to each juvenile 17,374
court and certified association or institution. 17,375
No person shall receive children or receive or solicit 17,377
money on behalf of such an institution or association not so 17,379
certified or whose certificate has been revoked. 17,380
The director may delegate by rule any duties imposed on it 17,383
by this section to inspect and approve family foster homes and 17,384
specialized foster homes to public children services agencies, 17,386
private child placing agencies, or private noncustodial agencies. 17,387
Sec. 5120.16. (A) Persons sentenced to any institution, 17,397
division, or place under the control of the department of 17,399
rehabilitation and correction are committed to the control, care, 17,400
and custody of the department. Subject to division (B) of this 17,401
404
section, the director of rehabilitation and correction or the 17,402
director's designee may direct that persons sentenced to the 17,403
department, or to any institution or place within the department, 17,404
shall be conveyed initially to an appropriate facility 17,405
established and maintained by the department for reception, 17,406
examination, observation, and classification of the persons so 17,407
sentenced. If a presentence investigation report was not 17,408
prepared pursuant to section 2947.06 or 2951.03 of the Revised 17,409
Code or Criminal Rule 32.2 regarding any person sentenced to the 17,410
department or to any institution or place within the department, 17,411
the director or the director's designee may order the
department's field staff to conduct an offender background 17,412
investigation and prepare an offender background investigation 17,413
report regarding the person. The investigation and report shall 17,414
be conducted in accordance with division (A) of section 2951.03 17,415
of the Revised Code and the report shall contain the same 17,416
information as a presentence investigation report prepared 17,417
pursuant to that section. 17,418
When the examination, observation, and classification of 17,420
the person have been completed by the facility and a written 17,421
report of the examination, observation, and classification is 17,422
filed with the commitment papers, the director or the director's 17,423
designee, subject to division (B) of this section, shall assign 17,424
the person to a suitable state institution or place maintained by 17,425
the state within the director's department or shall designate 17,426
that the person is to be housed in a county, multicounty, 17,427
municipal, municipal-county, or multicounty-municipal jail or 17,428
workhouse, if authorized by section 5120.161 of the Revised Code,
there to be confined, cared for, treated, trained, and 17,429
rehabilitated until paroled, released in accordance with section 17,430
2929.20, 2967.26, or 2967.28 of the Revised Code, or otherwise 17,432
released under the order of the court that imposed the person's 17,433
sentence. No person committed by a probate court, a trial court 17,434
pursuant to section 2945.40, 2945.401, or 2945.402 of the Revised 17,435
405
Code subsequent to a finding of not guilty by reason of insanity, 17,436
or a juvenile court shall be assigned to a state correctional 17,437
institution.
If a person is sentenced, committed, or assigned for the 17,439
commission of a felony to any one of the institutions or places 17,440
maintained by the department or to a county, multicounty, 17,441
municipal, municipal-county, or multicounty-municipal jail or 17,442
workhouse, the department, by order duly recorded and subject to 17,443
division (B) of this section, may transfer the person to any 17,444
other institution, or, if authorized by section 5120.161 of the 17,445
Revised Code, to a county, multicounty, municipal, 17,446
municipal-county, or multicounty-municipal jail or workhouse. 17,447
(B) If the case of a child who is alleged to be a 17,449
delinquent child is transferred for criminal prosecution to the 17,450
appropriate court having jurisdiction of the offense pursuant to 17,451
division (B) or (C) of section 2151.26 2152.12 of the Revised 17,452
Code, if the child is convicted of or pleads guilty to a felony 17,454
in that case, if the child is sentenced to a prison term, as 17,455
defined in section 2901.01 of the Revised Code, and if the child 17,456
is under eighteen years of age when delivered to the custody of 17,457
the department of rehabilitation and correction, all of the 17,458
following apply regarding the housing of the child: 17,459
(1) Until the child attains eighteen years of age, subject 17,461
to divisions (B)(2), (3), and (4) of this section, the department 17,463
shall house the child in a housing unit in a state correctional
institution separate from inmates who are eighteen years of age 17,464
or older. 17,465
(2) The department is not required to house the child in 17,467
the manner described in division (B)(1) of this section if the 17,469
child does not observe the rules and regulations of the
institution or the child otherwise creates a security risk by 17,470
being housed separately.
(3) If the department receives too few inmates who are 17,472
under eighteen years of age to fill a housing unit in a state 17,473
406
correctional institution separate from inmates who are eighteen 17,474
years of age or older, as described in division (B)(1) of this 17,475
section, the department may house the child in a housing unit in 17,476
a state correctional institution that includes both inmates who 17,477
are under eighteen years of age and inmates who are eighteen 17,478
years of age or older and under twenty-one years of age. 17,479
(4) Upon the child's attainment of eighteen years of age, 17,481
the department may house the child with the adult population of 17,482
the state correctional institution. 17,483
(C) The director or the director's designee shall develop 17,485
a policy for dealing with problems related to infection with the 17,486
human immunodeficiency virus. The policy shall include methods 17,487
of identifying individuals committed to the custody of the 17,488
department who are at high risk of infection with the virus and 17,489
counseling those individuals. 17,490
Arrangements for housing individuals diagnosed as having 17,492
AIDS or an AIDS-related condition shall be made by the department 17,494
based on security and medical considerations and in accordance
with division (B) of this section, if applicable. 17,495
Sec. 5120.172. A minor whose case is transferred for 17,504
criminal prosecution pursuant to section 2151.26 2152.12 of the 17,505
Revised Code, who is prosecuted as an adult and is convicted of 17,507
or pleads guilty to one or more offenses in that case, and who is 17,508
sentenced to a prison term or term of imprisonment in a state 17,509
correctional institution for one or more of those offenses shall 17,510
be considered emancipated for the purpose of consenting to 17,512
medical treatment while confined in the state correctional 17,513
institution.
Sec. 5139.01. (A) As used in this chapter: 17,522
(1) "Commitment" means the transfer of the physical 17,524
custody of a child or youth from the court to the department of 17,525
youth services. 17,526
(2) "Permanent commitment" means a commitment that vests 17,528
legal custody of a child in the department of youth services. 17,529
407
(3) "Legal custody," insofar as it pertains to the status 17,531
that is created when a child is permanently committed to the 17,532
department of youth services, means a legal status in which the 17,533
department has the following rights and responsibilities: the 17,534
right to have physical possession of the child; the right and 17,535
duty to train, protect, and control the child; the responsibility 17,537
to provide the child with food, clothing, shelter, education, and 17,539
medical care; and the right to determine where and with whom the 17,540
child shall live, subject to the minimum periods of, or periods 17,542
of, institutional care prescribed in section 2151.355 SECTIONS 17,544
2152.13 TO 2152.18 of the Revised Code; provided, that these 17,546
rights and responsibilities are exercised subject to the powers, 17,547
rights, duties, and responsibilities of the guardian of the 17,548
person of the child, and subject to any residual parental rights 17,549
and responsibilities.
(4) Unless the context requires a different meaning, 17,551
"institution" means a state facility that is created by the 17,552
general assembly and that is under the management and control of 17,553
the department of youth services or a private entity with which 17,554
the department has contracted for the institutional care and 17,555
custody of felony delinquents.
(5) "Full-time care" means care for twenty-four hours a 17,557
day for over a period of at least two consecutive weeks. 17,558
(6) "Placement" means the conditional release of a child 17,560
under the terms and conditions that are specified by the 17,561
department of youth services. The department shall retain legal 17,562
custody of a child released pursuant to division (C) of section 17,563
2151.38 2152.22 of the Revised Code or division (C) of section 17,564
5139.06 of the Revised Code until the time that it discharges the 17,566
child or until the legal custody is terminated as otherwise 17,567
provided by law. 17,568
(7) "Home placement" means the placement of a child in the 17,570
home of the child's parent or parents or in the home of the 17,571
guardian of the child's person. 17,573
408
(8) "Discharge" means that the department of youth 17,575
services' legal custody of a child is terminated. 17,576
(9) "Release" means the termination of a child's stay in 17,578
an institution and the subsequent period during which the child 17,579
returns to the community under the terms and conditions of 17,580
supervised release.
(10) "Delinquent child" has the same meaning as in section 17,582
2151.02 2152.02 of the Revised Code. 17,583
(11) "Felony delinquent" means any child who is at least 17,585
twelve years of age but less than eighteen years of age and who 17,586
is adjudicated a delinquent child for having committed an act 17,587
that if committed by an adult would be a felony. "Felony 17,588
delinquent" includes any adult who is between the ages of 17,589
eighteen and twenty-one and who is in the legal custody of the 17,590
department of youth services for having committed an act that if 17,591
committed by an adult would be a felony. 17,592
(12) "Juvenile traffic offender" has the same meaning as 17,594
in section 2151.021 2152.02 of the Revised Code. 17,595
(13) "Public safety beds" means all of the following: 17,597
(a) Felony delinquents who have been committed to the 17,599
department of youth services for the commission of an act, other 17,600
than a violation of section 2911.01 or 2911.11 of the Revised 17,601
Code, that is a category one offense or a category two offense 17,602
and who are in the care and custody of an institution or have 17,603
been diverted from care and custody in an institution and placed 17,604
in a community corrections facility; 17,605
(b) Felony delinquents who, while committed to the 17,607
department of youth services and in the care and custody of an 17,608
institution or a community corrections facility, are adjudicated 17,609
delinquent children for having committed in that institution or 17,612
community corrections facility an act that if committed by an 17,613
adult would be a felony;
(c) Children who satisfy all of the following: 17,615
(i) They are at least twelve years of age but less than 17,618
409
eighteen years of age.
(ii) They are adjudicated delinquent children for having 17,621
committed acts that if committed by an adult would be a felony. 17,622
(iii) They are committed to the department of youth 17,625
services by the juvenile court of a county that has had one-tenth 17,626
of one per cent or less of the statewide adjudications for felony 17,627
delinquents as averaged for the past four fiscal years. 17,629
(iv) They are in the care and custody of an institution or 17,631
a community corrections facility. 17,632
(d) Felony delinquents who, while committed to the 17,634
department of youth services and in the care and custody of an 17,635
institution, commit in that institution an act that if committed 17,636
by an adult would be a felony, who are serving disciplinary time 17,637
for having committed that act, and who have been 17,639
institutionalized or institutionalized in a secure facility for 17,640
the minimum period of time specified in division (A)(4) or (5) 17,641
DIVISIONS (A)(1)(b) TO (e) of section 2151.355 2152.16 of the 17,642
Revised Code.
(e) Felony delinquents who are subject to and serving a 17,644
three-year period of commitment order imposed by a juvenile court 17,645
pursuant to division (A)(7) DIVISIONS (A) AND (B) of section 17,647
2151.355 2152.17 of the Revised Code for an act, other than a 17,648
violation of section 2911.11 of the Revised Code, that would be a 17,649
category one offense or category two offense if committed by an 17,650
adult.
(f) Felony delinquents who are described in divisions 17,652
(A)(13)(a) to (e) of this section, who have been granted a 17,654
judicial release TO COURT SUPERVISION under division (B) of 17,656
section 2151.38 2152.22 of the Revised Code or an early A 17,657
JUDICIAL release TO THE DEPARTMENT OF YOUTH SERVICES SUPERVISION 17,658
under division (C) of that section from the commitment to the 17,660
department of youth services for the act described in divisions 17,661
(A)(13)(a) to (e) of this section, who have violated the terms 17,662
and conditions of that judicial release or early release, and 17,663
410
who, pursuant to an order of the court of the county in which the 17,664
particular felony delinquent was placed on release that is issued 17,665
pursuant to division (D) of section 2151.38 2152.22 of the 17,667
Revised Code, have been returned to the department for 17,668
institutionalization or institutionalization in a secure 17,669
facility.
(g) Felony delinquents who have been committed to the 17,672
custody of the department of youth services, who have been 17,673
granted supervised release from the commitment pursuant to 17,674
section 5139.51 of the Revised Code, who have violated the terms 17,676
and conditions of that supervised release, and who, pursuant to 17,677
an order of the court of the county in which the particular child 17,678
was placed on supervised release issued pursuant to division (F) 17,679
of section 5139.52 of the Revised Code, have had the supervised 17,680
release revoked and have been returned to the department for 17,681
institutionalization. A felony delinquent described in this 17,682
division shall be a public safety bed only for the time during 17,683
which the felony delinquent is institutionalized as a result of 17,684
the revocation subsequent to the initial thirty-day period of 17,685
institutionalization required by division (F) of section 5139.52 17,686
of the Revised Code. 17,687
(14) "State target youth" means twenty-five per cent of 17,689
the projected total number of felony delinquents for each year of 17,690
a biennium, factoring in revocations and recommitments. 17,691
(15) Unless the context requires a different meaning, 17,693
"community corrections facility" means a county or multicounty 17,694
rehabilitation center for felony delinquents who have been 17,695
committed to the department of youth services and diverted from 17,696
care and custody in an institution and placed in the 17,697
rehabilitation center pursuant to division (E) of section 5139.36 17,698
of the Revised Code. 17,699
(16) "Secure facility" means any facility that is designed 17,701
and operated to ensure that all of its entrances and exits are 17,702
under the exclusive control of its staff and to ensure that, 17,703
411
because of that exclusive control, no child who has been 17,704
institutionalized in the facility may leave the facility without
permission or supervision. 17,705
(17) "Community residential program" means a program that 17,707
satisfies both of the following: 17,708
(a) It is housed in a building or other structure that has 17,710
no associated major restraining construction, including, but not 17,711
limited to, a security fence. 17,712
(b) It provides twenty-four-hour care, supervision, and 17,714
programs for felony delinquents who are in residence. 17,715
(18) "Category one offense" and "category two offense" 17,717
have the same meanings as in section 2151.26 of the Revised Code. 17,719
(19) "Disciplinary time" means additional time that the 17,722
department of youth services requires a felony delinquent to 17,723
serve in an institution, that delays the PERSON'S OR felony 17,724
delinquent's planned release, and that the department imposes 17,726
upon the PERSON OR felony delinquent following the conduct of an 17,727
internal due process hearing for having committed any of the 17,728
following acts while committed to the department and in the care 17,729
and custody of an institution: 17,730
(a) An act that if committed by an adult would be a 17,733
felony;
(b) An act that if committed by an adult would be a 17,736
misdemeanor;
(c) An act that is not described in division (A)(19)(a) or 17,739
(b) of this section and that violates an institutional rule of 17,740
conduct of the department.
(20) "Unruly child" has the same meaning as in section 17,742
2151.022 of the Revised Code. 17,743
(21) "Revocation" means the act of revoking a child's 17,745
supervised release for a violation of a term or condition of the 17,746
child's supervised release in accordance with section 5139.52 of 17,748
the Revised Code.
(22) "Release authority" means the release authority of 17,751
412
the department of youth services that is established by section
5139.50 of the Revised Code. 17,752
(23) "Supervised release" means the event of the release 17,755
of a child under this chapter from an institution and the period
after that release during which the child is supervised and 17,756
assisted by an employee of the department of youth services under 17,757
specific terms and conditions for reintegration of the child into 17,758
the community.
(24) "Victim" means the person identified in a police 17,760
report, complaint, or information as the victim of an act that 17,762
would have been a criminal offense if committed by an adult and 17,763
that provided the basis for adjudication proceedings resulting in 17,764
a child's commitment to the legal custody of the department of 17,765
youth services.
(25) "Victim's representative" means a member of the 17,767
victim's family or another person whom the victim or another 17,768
authorized person designates in writing, pursuant to section 17,770
5139.56 of the Revised Code, to represent the victim with respect 17,771
to proceedings of the release authority of the department of 17,772
youth services and with respect to other matters specified in 17,773
that section.
(26) "Member of the victim's family" means a spouse, 17,775
child, stepchild, sibling, parent, stepparent, grandparent, other 17,776
relative, or legal guardian of a child but does not include a 17,777
person charged with, convicted of, or adjudicated a delinquent 17,778
child for committing a criminal or delinquent act against the 17,779
victim or another criminal or delinquent act arising out of the 17,781
same conduct, criminal or delinquent episode, or plan as the
criminal or delinquent act committed against the victim. 17,782
(27) "Judicial release TO COURT SUPERVISION" means a 17,785
release of a child from institutional care or institutional care 17,787
in a secure facility that is granted by a court pursuant to 17,788
division (B) of section 2151.38 2152.22 of the Revised Code 17,789
during the period specified in that division. 17,791
413
(28) "Early JUDICIAL release TO DEPARTMENT OF YOUTH 17,794
SERVICES SUPERVISION" means a release of a child from 17,795
institutional care or institutional care in a secure facility 17,796
that is granted by a court pursuant to division (C) of section 17,797
2151.38 2152.22 of the Revised Code during the period specified 17,799
in that division.
(B) There is hereby created the department of youth 17,801
services. The governor shall appoint the director of the 17,802
department with the advice and consent of the senate. The 17,803
director shall hold office during the term of the appointing 17,804
governor but subject to removal at the pleasure of the governor. 17,805
Except as otherwise authorized in section 108.05 of the Revised 17,806
Code, the director shall devote the director's entire time to the 17,808
duties of the director's office and shall hold no other office or 17,809
position of trust or profit during the director's term of office. 17,811
The director is the chief executive and administrative 17,813
officer of the department and has all the powers of a department 17,814
head set forth in Chapter 121. of the Revised Code. The director 17,816
may adopt rules for the government of the department, the conduct 17,817
of its officers and employees, the performance of its business, 17,818
and the custody, use, and preservation of the department's 17,819
records, papers, books, documents, and property. The director 17,820
shall be an appointing authority within the meaning of Chapter 17,821
124. of the Revised Code. Whenever this or any other chapter or 17,822
section of the Revised Code imposes a duty on or requires an 17,823
action of the department, the duty or action shall be performed 17,824
by the director or, upon the director's order, in the name of the 17,825
department. 17,826
Sec. 5139.02. (A)(1) As used in this section, "managing 17,835
officer" means the assistant director, a deputy director, an 17,837
assistant deputy director, a superintendent, a regional 17,838
administrator, a deputy superintendent, or the superintendent of 17,839
schools of the department of youth services, a member of the 17,840
release authority, the chief of staff to the release authority, 17,841
414
and the victims coordinator ADMINISTRATOR of the office of victim 17,842
services.
(2) Each division established by the director of youth 17,845
services shall consist of managing officers and other employees, 17,846
including those employed in institutions and regions as necessary 17,847
to perform the functions assigned to them. The director, 17,848
assistant director, or appropriate deputy director or managing 17,849
officer of the department shall supervise the work of each 17,850
division and determine general policies governing the exercise of 17,851
powers vested in the department and assigned to each division. 17,852
The appropriate managing officer or deputy director is
responsible to the director or assistant director for the 17,853
organization, direction, and supervision of the work of the 17,854
division or unit and for the exercise of the powers and the 17,855
performance of the duties of the department assigned to it and, 17,856
with the director's approval, may establish bureaus or other 17,857
administrative units within the department. 17,858
(B) The director shall appoint all managing officers, who 17,860
shall be in the unclassified civil service. If the director 17,861
appoints a managing officer from within the classified service of 17,862
the department, the person so appointed retains the right to 17,863
resume the position and status held in the classified service 17,864
immediately prior to appointment as managing officer. If such a 17,866
person is removed from the position as managing officer, the 17,868
person shall be reinstated to the position held in the classified 17,869
service immediately prior to appointment as managing officer, or 17,871
to another position certified by the director, with the approval 17,872
of the department of administrative services, as being
substantially equal to that position. Any person holding the 17,873
position of managing officer on the effective date of this 17,874
section is entitled to resume the position and status held in the 17,876
classified service of the department of youth services
immediately prior to appointment as a managing officer. Service 17,878
as a managing officer shall be counted as service in the position 17,879
415
in the classified service the reinstated person held immediately 17,880
prior to appointment as a managing officer. If a person is 17,881
reinstated to a position in the classified service under this 17,882
division, the person shall be returned to the pay range and step
to which the person had been assigned at the time of the 17,884
appointment as managing officer. Longevity, where applicable, 17,885
shall be calculated pursuant to the provisions of section 124.181 17,886
of the Revised Code.
(C) Each person appointed as a managing officer shall have 17,888
received special training and shall have experience in the type 17,889
of work that the person's division is required to perform. Each 17,891
managing officer, under the supervision of the director, has 17,892
entire charge of the division, institution, unit, or region for 17,893
which the managing officer is appointed and, with the director's 17,895
approval, shall appoint necessary employees and may remove them 17,896
for cause.
Sec. 5139.04. The department of youth services shall do 17,906
all of the following: 17,907
(A) Support service districts through a central 17,909
administrative office that shall have as its administrative head 17,910
a deputy director who shall be appointed by the director of the 17,911
department. When a vacancy occurs in the office of that deputy 17,912
director, an assistant deputy director shall act as that deputy 17,914
director until the vacancy is filled. The position of deputy 17,915
director and assistant deputy director described in this division 17,916
shall be in the unclassified civil service of the state. 17,918
(B) Receive custody of all children committed to it under 17,920
Chapter 2151. 2152. of the Revised Code, cause a study to be made 17,922
of those children, and issue any orders, as it considers best 17,923
suited to the needs of any of those children and the interest of 17,924
the public, for the treatment of each of those children; 17,925
(C) Obtain personnel necessary for the performance of its 17,927
duties; 17,928
(D) Train or provide for training of probation and youth 17,930
416
correction workers; 17,931
(E) Adopt rules that regulate its organization and 17,934
operation, that implement sections 5139.34 and 5139.41 to 5139.45 17,935
of the Revised Code, and that pertain to the administration of 17,936
other sections of this chapter; 17,938
(F) Submit reports of its operations to the governor and 17,940
the general assembly by the thirty-first day of January of each 17,941
odd-numbered year; 17,942
(G) Conduct a program of research in diagnosis, training, 17,944
and treatment of delinquent children to evaluate the 17,945
effectiveness of the department's services and to develop more 17,946
adequate methods; 17,947
(H) Receive reports from the juvenile courts under 17,949
division (C)(3)(b) of section 5139.43 of the Revised Code and 17,950
prepare an annual report of state juvenile court statistics and 17,951
information based upon those reports. The department shall make 17,952
available a copy of the annual report to the governor and members 17,953
of the general assembly upon request. 17,954
(I) Develop a standard form for the disposition 17,956
investigation report that a juvenile court is required pursuant 17,958
to section 2151.355 2152.18 of the Revised Code to complete and 17,960
provide to the department when the court commits a child to the 17,961
legal custody of the department;
(J) Do all other acts necessary or desirable to carry out 17,963
this chapter. 17,964
Sec. 5139.05. (A) The juvenile court may commit any child 17,973
to the department of youth services permanently as authorized in 17,974
section 2151.355 CHAPTER 2152. of the Revised Code, provided that 17,976
any child so committed shall be at least twelve TEN years of age 17,977
at the time of the child's commitment DELINQUENT ACT, AND, IF THE 17,978
CHILD IS TEN OR ELEVEN YEARS OF AGE, THE DELINQUENT ACT IS A 17,979
VIOLATION OF SECTION 2909.03 OF THE REVISED CODE OR WOULD BE 17,980
AGGRAVATED MURDER, MURDER, OR A FIRST OR SECOND DEGREE FELONY 17,981
OFFENSE OF VIOLENCE IF COMMITTED BY AN ADULT. Any order to 17,982
417
commit a child to an institution under the control and management 17,985
of the department shall have the effect of ordering that the 17,986
child be committed to the department and assigned to an 17,987
institution as follows:
(1) For an indefinite term consisting of the prescribed 17,990
minimum period of time COURT CONTROL SET BY THE COURT and a 17,991
maximum period not to exceed the child's attainment of twenty-one 17,992
years of age, if the child was committed pursuant to division 17,993
(A)(4) or (5) of section 2151.355 2152.16 of the Revised Code; 17,994
(2) Until the child's attainment of twenty-one years of 17,996
age, if the child was committed FOR AGGRAVATED MURDER OR MURDER 17,998
pursuant to division (A)(6) of that section 2152.16 OF THE 17,999
REVISED CODE;
(3) For a period of commitment that shall be in addition 18,001
to, and shall be served consecutively with and prior to, a period 18,002
of commitment described in division (A)(1) or (2) of this 18,003
section, if the child was committed pursuant to division (A)(7) 18,004
of section 2151.355 2152.17 of the Revised Code; 18,007
(4) For any period of commitment imposed under division 18,009
(A)(7) of section 2151.355 of the Revised Code and for 18,012
consecutive periods of commitment as described in division (A)(1) 18,013
or (2) of this section, if the child was the subject of a 18,014
consecutive periods of commitment order issued by the court 18,015
pursuant to division (B)(2) of section 2151.355 of the Revised 18,016
Code IF THE CHILD IS TEN OR ELEVEN YEARS OF AGE, TO AN 18,017
INSTITUTION, A RESIDENTIAL CARE FACILITY, A RESIDENTIAL FACILITY, 18,018
OR A FACILITY LICENSED BY THE DEPARTMENT OF JOB AND FAMILY 18,019
SERVICES THAT THE DEPARTMENT OF YOUTH SERVICES CONSIDERS BEST 18,020
DESIGNATED FOR THE TRAINING AND REHABILITATION OF THE CHILD AND 18,021
PROTECTION OF THE PUBLIC. THE CHILD SHALL BE HOUSED SEPARATELY 18,022
FROM CHILDREN WHO ARE TWELVE YEARS OF AGE OR OLDER UNTIL THE 18,023
CHILD IS RELEASED OR DISCHARGED OR UNTIL THE CHILD ATTAINS TWELVE 18,025
YEARS OF AGE, WHICHEVER OCCURS FIRST. UPON THE CHILD'S 18,026
ATTAINMENT OF TWELVE YEARS OF AGE, IF THE CHILD HAS NOT BEEN 18,027
418
RELEASED OR DISCHARGED, THE DEPARTMENT IS NOT REQUIRED TO HOUSE 18,028
THE CHILD SEPARATELY.
(B)(1) The release authority of the department of youth 18,030
services, in accordance with section 5139.51 of the Revised Code 18,031
AND AT ANY TIME AFTER THE END OF THE PERIOD OF COURT CONTROL 18,032
IMPOSED UNDER SECTION 2152.16 OF THE REVISED CODE, may grant the 18,033
release from institutionalization CUSTODY of any child committed 18,034
to the department. 18,035
The order committing a child to the department of youth 18,037
services shall state that the child has been adjudicated a 18,038
delinquent child and that STATE THE PERIOD OF COURT CONTROL OVER 18,040
the commitment is permanent UNDER SECTION 2152.12 OR 2152.13 OF 18,041
THE REVISED CODE. The jurisdiction of the court terminates at 18,042
the time of the commitment END OF THE PERIOD OF COURT CONTROL 18,043
except in AS FOLLOWS: 18,044
(a) IN relation to procedures for the judicial release or 18,047
early release of children from institutionalization or 18,049
institutionalization in a secure facility and hearings conducted 18,051
relative to judicial release or early release; except in relation 18,052
to its authority to add additional consistent terms and 18,053
conditions regarding early release that are not prohibited under 18,054
division (C)(2) of section 2151.38 of the Revised Code; except in 18,056
relation to its authority to add additional terms and conditions 18,057
regarding judicial release; except in relation to hearings 18,060
conducted relative to violations of the terms and conditions of a 18,061
judicial release or early release; except in relation to the 18,063
functions of the court related to the granting of supervised 18,064
release, with respect to violations of supervised release, and 18,065
with PROCEDURES, SUPERVISION, AND VIOLATIONS; 18,066
(b) WITH respect to functions of the court related to the 18,069
revocation of supervised release that are specified in sections 18,071
5139.51 and 5139.52 of the Revised Code; and except that the 18,074
department may petition the court for an order terminating its 18,075
custody. When 18,076
419
(c) IN RELATION TO ITS DUTIES RELATING TO SERIOUS YOUTHFUL 18,078
OFFENDER DISPOSITIONAL SENTENCES UNDER SECTIONS 2152.13 AND 18,079
2152.14 OF THE REVISED CODE.
(2) WHEN a child has been committed permanently to the 18,081
department UNDER SECTION 2152.16 OF THE REVISED CODE, the 18,083
department shall retain legal custody of the child until the time 18,084
that it terminates its legal custody of the child by discharging 18,086
ONE OF THE FOLLOWING:
(a) THE DEPARTMENT DISCHARGES the child to the exclusive 18,088
management, control, and custody of the child's parent or the 18,090
guardian of the child's person or, if the child is eighteen years 18,091
of age or older, by discharging DISCHARGES the child, until the. 18,092
(b) THE committing court, upon its own motion, upon 18,095
petition of the parent, guardian of the person, or next friend of 18,096
a child, or upon petition of the department, terminates the 18,097
department's legal custody of the child, until the. 18,098
(c) THE committing court grants the child a judicial 18,101
release TO COURT SUPERVISION under division (B) of section 18,102
2151.38 2152.22 of the Revised Code, or until the. 18,103
(d) THE department's legal custody of the child is 18,106
terminated automatically by the child attaining twenty-one years 18,107
of age.
(e) IF THE CHILD IS SUBJECT TO A SERIOUS YOUTHFUL OFFENDER 18,109
DISPOSITIONAL SENTENCE, THE ADULT PORTION OF THAT DISPOSITIONAL 18,110
SENTENCE IS IMPOSED UNDER SECTION 2152.14 OF THE REVISED CODE. 18,111
(C) When a child is committed to the department of youth 18,113
services, the department may assign the child to a hospital for 18,114
mental, physical, and other examination, inquiry, or treatment 18,115
for the period of time that is necessary. The department may 18,116
remove any child in its custody to a hospital for observation, 18,117
and a complete report of every observation at the hospital shall 18,119
be made in writing and shall include a record of observation, 18,120
treatment, and medical history and a recommendation for future 18,121
treatment, custody, and maintenance. The department shall 18,122
420
thereupon order the placement and treatment that it determines to 18,123
be most conducive to the purposes of Chapters 2151. and 5139. of 18,124
the Revised Code. The committing court and all public 18,125
authorities shall make available to the department all pertinent 18,126
data in their possession with respect to the case.
(D) Records maintained by the department of youth services 18,128
pertaining to the children in its custody shall be accessible 18,129
only to department employees, except by consent of the department 18,130
or upon the order of the judge of a court of record. These 18,131
records shall not be considered "public records," as defined in 18,132
section 149.43 of the Revised Code. 18,133
Except as otherwise provided by a law of this state or the 18,135
United States, the department of youth services may release 18,136
records that are maintained by the department of youth services 18,137
and that pertain to children in its custody to the department of 18,138
rehabilitation and correction regarding persons who are under the 18,139
jurisdiction of the department of rehabilitation and correction 18,140
and who have previously been committed to the department of youth
services. The department of rehabilitation and correction may 18,141
use those records for the limited purpose of carrying out the 18,142
duties of the department of rehabilitation and correction. 18,143
Records released by the department of youth services to the 18,144
department of rehabilitation and correction shall remain
confidential and shall not be considered public records as 18,145
defined in section 149.43 of the Revised Code. 18,146
(E)(1) When a child is committed to the department of 18,148
youth services, the department, orally or in writing, shall 18,149
notify the parent, guardian, or custodian of a child that the 18,150
parent, guardian, or custodian may request at any time from the 18,151
superintendent of the institution in which the child is located 18,152
any of the information described in divisions (E)(1)(a), (b), 18,153
(c), and (d) of this section. The parent, guardian, or custodian 18,154
may provide the department with the name, address, and telephone 18,155
number of the parent, guardian, or custodian, and, until the 18,156
421
department is notified of a change of name, address, or telephone 18,157
number, the department shall use the name, address, and telephone 18,158
number provided by the parent, guardian, or custodian to provide 18,159
notices or answer inquiries concerning the following information: 18,160
(a) When the department of youth services makes a 18,162
permanent assignment of the child to a facility, the department, 18,163
orally or in writing and on or before the third business day 18,164
after the day the permanent assignment is made, shall notify the 18,165
parent, guardian, or custodian of the child of the name of the 18,166
facility to which the child has been permanently assigned. 18,167
If a parent, guardian, or custodian of a child who is 18,169
committed to the department of youth services requests, orally or 18,170
in writing, the department to provide the parent, guardian, or 18,171
custodian with the name of the facility in which the child is 18,173
currently located, the department, orally or in writing and on or 18,174
before the next business day after the day on which the request 18,175
is made, shall provide the name of that facility to the parent, 18,176
guardian, or custodian.
(b) If a parent, guardian, or custodian of a child who is 18,178
committed to the department of youth services, orally or in 18,179
writing, asks the superintendent of the institution in which the 18,180
child is located whether the child is being disciplined by the 18,181
personnel of the institution, what disciplinary measure the 18,182
personnel of the institution are using for the child, or why the 18,183
child is being disciplined, the superintendent or the 18,184
superintendent's designee, on or before the next business day 18,186
after the day on which the request is made, shall provide the 18,187
parent, guardian, or custodian with written or oral responses to 18,188
the questions.
(c) If a parent, guardian, or custodian of a child who is 18,190
committed to the department of youth services, orally or in 18,191
writing, asks the superintendent of the institution in which the 18,192
child is held whether the child is receiving any medication from 18,193
personnel of the institution, what type of medication the child 18,194
422
is receiving, or what condition of the child the medication is 18,195
intended to treat, the superintendent or the superintendent's 18,197
designee, on or before the next business day after the day on 18,198
which the request is made, shall provide the parent, guardian, or 18,199
custodian with oral or written responses to the questions. 18,200
(d) When a major incident occurs with respect to a child 18,202
who is committed to the department of youth services, the 18,203
department, as soon as reasonably possible after the major 18,204
incident occurs, shall notify the parent, guardian, or custodian 18,205
of the child that a major incident has occurred with respect to 18,206
the child and of all the details of that incident that the 18,207
department has ascertained. 18,208
(2) The failure of the department of youth services to 18,210
provide any notification required by or answer any requests made 18,211
pursuant to division (E) of this section does not create a cause 18,212
of action against the state. 18,213
(F) The department of youth services, as a means of 18,215
punishment while the child is in its custody, shall not prohibit 18,216
a child who is committed to the department from seeing that 18,217
child's parent, guardian, or custodian during standard visitation 18,218
periods allowed by the department of youth services unless the 18,219
superintendent of the institution in which the child is held 18,220
determines that permitting that child to visit with the child's 18,222
parent, guardian, or custodian would create a safety risk to that 18,223
child, that child's parents, guardian, or custodian, the 18,224
personnel of the institution, or other children held in that 18,225
institution.
(G) As used in this section: 18,227
(1) "Permanent assignment" means the assignment or 18,229
transfer for an extended period of time of a child who is 18,230
committed to the department of youth services to a facility in 18,231
which the child will receive training or participate in 18,232
activities that are directed toward the child's successful 18,233
rehabilitation. "Permanent assignment" does not include the 18,234
423
transfer of a child to a facility for early JUDICIAL release 18,235
hearings pursuant to section 2151.38 2152.22 of the Revised Code 18,237
or for any other temporary assignment or transfer to a facility. 18,239
(2) "Major incident" means the escape or attempted escape 18,241
of a child who has been committed to the department of youth 18,242
services from the facility to which the child is assigned; the 18,243
return to the custody of the department of a child who has 18,244
escaped or otherwise fled the custody and control of the 18,245
department without authorization; the allegation of any sexual 18,246
activity with a child committed to the department; physical 18,247
injury to a child committed to the department as a result of 18,248
alleged abuse by department staff; an accident resulting in 18,249
injury to a child committed to the department that requires 18,250
medical care or treatment outside the institution in which the 18,251
child is located; the discovery of a controlled substance upon 18,252
the person or in the property of a child committed to the 18,253
department; a suicide attempt by a child committed to the 18,254
department; a suicide attempt by a child committed to the 18,255
department that results in injury to the child requiring 18,256
emergency medical services outside the institution in which the 18,257
child is located; the death of a child committed to the 18,258
department; an injury to a visitor at an institution under the 18,259
control of the department that is caused by a child committed to 18,260
the department; and the commission or suspected commission of an 18,261
act by a child committed to the department that would be an 18,262
offense if committed by an adult. 18,263
(3) "Sexual activity" has the same meaning as in section 18,265
2907.01 of the Revised Code. 18,266
(4) "Controlled substance" has the same meaning as in 18,268
section 3719.01 of the Revised Code. 18,269
(5) "RESIDENTIAL CARE FACILITY" AND "RESIDENTIAL FACILITY" 18,271
HAVE THE SAME MEANINGS AS IN SECTION 2151.011 OF THE REVISED 18,272
CODE.
Sec. 5139.06. (A) When a child has been committed to the 18,281
424
department of youth services, it THE DEPARTMENT shall do both of 18,282
the following: 18,283
(1) Place the child in an appropriate institution under 18,285
the condition that it considers best designed for the training 18,286
and rehabilitation of the child and the protection of the public, 18,287
provided that the institutional placement shall be consistent 18,288
with the order committing the child to its custody; 18,289
(2) Maintain the child in institutional care or 18,291
institutional care in a secure facility for the required period 18,292
of institutionalization in a manner consistent with division 18,294
(A)(4), (5), (6), or (7)(1) of section 2151.355 2152.16 AND 18,295
DIVISIONS (A) TO (E) OF SECTION 2152.17 of the Revised Code, 18,296
whichever is ARE applicable, and with section 5139.38 or division 18,298
(B) or (C) of section 2151.38 2152.22 of the Revised Code. 18,299
(B) When a child has been committed to the department of 18,301
youth services and has not been institutionalized or 18,303
institutionalized in a secure facility for the prescribed minimum 18,305
periods of time or the prescribed period of time, including, but 18,306
not limited to, a prescribed period of time under division 18,308
(A)(6)(1)(a) of section 2151.355 2152.16 of the Revised Code, the 18,309
department, the child, or the child's parent may request the 18,311
court that committed the child to order a judicial release TO 18,312
COURT SUPERVISION or an early A JUDICIAL release from 18,314
institutionalization or institutionalization in a secure facility 18,316
TO DEPARTMENT OF YOUTH SERVICES SUPERVISION in accordance with 18,317
division (B) or (C) of section 2151.38 2152.22 of the Revised 18,318
Code, and the child may be released from institutionalization or 18,321
institutionalization in a secure facility in accordance with the 18,322
applicable division. A child in those circumstances shall not be 18,324
released from institutionalization or institutionalization in a 18,325
secure facility except in accordance with section 2151.38 2152.22 18,326
or 5139.38 of the Revised Code. When a child is released 18,330
pursuant to a judicial release TO COURT SUPERVISION under
division (B) of section 2151.38 2152.22 of the Revised Code, the 18,332
425
department shall comply with division (B)(2)(3) of that section 18,334
and, if the court requests, shall send the committing court a 18,335
report on the child's progress in the institution and 18,336
recommendations for terms and conditions of supervision by the 18,338
court after release. When a child is released pursuant to an 18,339
early A JUDICIAL release TO DEPARTMENT OF YOUTH SERVICES 18,340
SUPERVISION under division (C) of section 2151.38 2152.22 of the 18,342
Revised Code, the department shall comply with division (C)(2)(3) 18,343
of that section relative to the child and shall send the 18,345
committing court and the juvenile court of the county in which 18,346
the child is placed a copy of the treatment and rehabilitation 18,347
plan described in that division and the terms and conditions that 18,348
it fixed. The court of the county in which the child is placed 18,349
may adopt the terms and conditions as an order of the court and 18,350
may add any additional consistent terms and conditions it 18,351
considers appropriate, provided that the court may not add any 18,353
term or condition that decreases the level or degree of
supervision specified by the department in its plan, that 18,354
substantially increases the financial burden of supervision that 18,355
will be experienced by the department, or that alters the 18,356
placement specified by the department in its plan. Any 18,358
violations of the terms and conditions of the child's judicial 18,359
release or early release shall be handled pursuant to division 18,360
(D) of section 2151.38 2152.22 of the Revised Code. 18,361
(C) When a child has been committed to the department of 18,363
youth services, it THE DEPARTMENT may do any of the following: 18,364
(1) Notwithstanding the provisions of this chapter or, 18,366
Chapter 2151., OR CHAPTER 2152. of the Revised Code that 18,368
prescribe required periods of institutionalization, transfer the 18,369
child to any other state institution, whenever it appears that 18,371
the child by reason of mental illness, mental retardation, or 18,372
other developmental disability ought to be in another state 18,373
institution. Before transferring a child to any other state 18,374
institution, the department shall include in the minutes a record 18,375
426
of the order of transfer and the reason for the transfer and, at 18,376
least seven days prior to the transfer, shall send a certified 18,377
copy of the order to the person shown by its record to have had 18,378
the care or custody of the child immediately prior to the child's 18,379
commitment. Except as provided in division (C)(2) of this 18,380
section, no person shall be transferred from a benevolent 18,382
institution to a correctional institution or to a facility or 18,383
institution operated by the department of youth services. 18,384
(2) Notwithstanding the provisions of this chapter or, 18,386
Chapter 2151., OR CHAPTER 2152. of the Revised Code that 18,388
prescribe required periods of institutionalization, transfer the 18,389
child under section 5120.162 of the Revised Code to a 18,391
correctional medical center established by the department of 18,392
rehabilitation and correction, whenever the child has an illness, 18,393
physical condition, or other medical problem and it appears that 18,394
the child would benefit from diagnosis or treatment at the center 18,395
for that illness, condition, or problem. Before transferring a 18,396
child to a center, the department of youth services shall include 18,397
in the minutes a record of the order of transfer and the reason 18,398
for the transfer and, except in emergency situations, at least 18,399
seven days prior to the transfer, shall send a certified copy of 18,400
the order to the person shown by its records to have had the care 18,401
or custody of the child immediately prior to the child's 18,402
commitment. If the transfer of the child occurs in an emergency 18,403
situation, as soon as possible after the decision is made to make 18,404
the transfer, the department of youth services shall send a 18,405
certified copy of the order to the person shown by its records to 18,406
have had the care or custody of the child immediately prior to 18,407
the child's commitment. A transfer under this division shall be 18,408
in accordance with the terms of the agreement the department of 18,409
youth services enters into with the department of rehabilitation 18,410
and correction under section 5120.162 of the Revised Code and 18,411
shall continue only as long as the child reasonably appears to 18,412
receive benefit from diagnosis or treatment at the center for an 18,413
427
illness, physical condition, or other medical problem. 18,414
(3) Revoke or modify any order of the department except an 18,416
order of discharge as often as conditions indicate it to be 18,417
desirable; 18,418
(4) If the child was committed pursuant to division (A)(4) 18,420
or (5)(1)(b), (c), (d), OR (e) of section 2151.355 2152.16 of 18,422
the Revised Code and has been institutionalized or 18,423
institutionalized in a secure facility for the prescribed minimum 18,424
periods of time under those divisions, assign the child to a 18,426
family home, a group care facility, or other place maintained 18,427
under public or private auspices, within or without this state, 18,428
for necessary treatment and rehabilitation, the costs of which 18,429
may be paid by the department, provided that the department shall 18,430
notify the committing court, in writing, of the place and terms 18,431
of the assignment at least fifteen days prior to the scheduled 18,432
date of the assignment.; 18,433
(5) Release the child from an institution in accordance 18,436
with sections 5139.51 to 5139.54 of the Revised Code in the 18,437
circumstances described in those sections. 18,438
(D) The department of youth services shall notify the 18,440
committing court of any order transferring the physical location 18,441
of any child committed to it in accordance with section 5139.35 18,442
of the Revised Code. Upon the discharge from its custody and 18,443
control, the department may petition the court for an order 18,444
terminating its custody and control. 18,445
Sec. 5139.07. As a means of correcting the socially 18,454
harmful tendencies of a child committed to it, the department of 18,455
youth services may require participation by the child in 18,456
vocational, physical, educational, and corrective training and 18,457
activities, and the conduct and modes of life that seem best 18,458
adapted to rehabilitate the child and fit the child for return to 18,460
full liberty without danger to the public welfare. The 18,461
department may monetarily compensate the child for the activities 18,462
described in this section by transferring the wages of the child 18,463
428
for those activities to the appropriate youth benefit fund
created under section 5139.86 of the Revised Code. This section 18,464
does not permit the department to release a child committed to it 18,466
from institutional care or institutional care in a secure 18,467
facility, whichever is applicable, other than in accordance with 18,468
sections 2151.38 2152.22, 5139.06, 5139.38, and 5139.50 to 18,470
5139.54 of the Revised Code.
The department may require a child committed to it to 18,472
return to the child's home or to be placed in a foster care 18,473
placement if it is authorized to make a placement of that nature 18,474
under sections 2151.38 2152.22, 5139.06, 5139.38, and 5139.50 to 18,475
5139.54 of the Revised Code. Any placement of that nature shall 18,477
be made in accordance with those sections. The legal residence 18,478
of a child so placed by the department is the place in which the 18,479
child is residing in accordance with a department order of 18,480
placement. The school district responsible for payment of 18,481
tuition on behalf of the child so placed shall be determined 18,482
pursuant to section 3313.64 or 3313.65 of the Revised
Sec. 5139.11. The department of youth services shall do 18,491
all of the following: 18,492
(A) Through a program of education, promotion, and 18,494
organization, form groups of local citizens and assist these 18,495
groups in conducting activities aimed at the prevention and 18,496
control of juvenile delinquency, making use of local people and 18,497
resources for the following purposes: 18,498
(1) Combatting local conditions known to contribute to 18,500
juvenile delinquency; 18,501
(2) Developing recreational and other programs for youth 18,503
work; 18,504
(3) Providing adult sponsors for delinquent children 18,506
cases; 18,507
(4) Dealing with other related problems of the locality;. 18,509
(B) Advise local, state, and federal officials, public and 18,511
private agencies, and lay groups on the needs for and possible 18,512
429
methods of the reduction and prevention of juvenile delinquency 18,513
and the treatment of delinquent children; 18,514
(C) Consult with the schools and courts of this state on 18,516
the development of programs for the reduction and prevention of 18,517
delinquency and the treatment of delinquents; 18,518
(D) Cooperate with other agencies whose services deal with 18,520
the care and treatment of delinquent children to the end that 18,521
delinquent children who are state wards may be assisted whenever 18,522
possible to a successful adjustment outside of institutional 18,523
care; 18,524
(E) Cooperate with other agencies in surveying, 18,526
developing, and utilizing the recreational resources of a 18,527
community as a means of combatting the problem of juvenile 18,528
delinquency and effectuating rehabilitation; 18,529
(F) Hold district and state conferences from time to time 18,531
in order to acquaint the public with current problems of juvenile 18,532
delinquency and develop a sense of civic responsibility toward 18,533
the prevention of juvenile delinquency; 18,534
(G) Assemble and distribute information relating to 18,536
juvenile delinquency and report on studies relating to community 18,537
conditions that affect the problem of juvenile delinquency; 18,538
(H) Assist any community within the state by conducting a 18,540
comprehensive survey of the community's available public and 18,541
private resources, and recommend methods of establishing a 18,542
community program for combatting juvenile delinquency and crime, 18,543
but no survey of that type shall be conducted unless local 18,544
individuals and groups request it through their local 18,545
authorities, and no request of that type shall be interpreted as 18,546
binding the community to following the recommendations made as a 18,547
result of the request; 18,548
(I) Evaluate the rehabilitation of children committed to 18,550
the department and prepare and submit periodic reports to the 18,551
committing court for the following purposes: 18,552
(1) Evaluating the effectiveness of institutional 18,554
430
treatment; 18,555
(2) Making recommendations for early JUDICIAL release 18,557
where UNDER SECTION 2152.22 OF THE REVISED CODE IF appropriate 18,559
and recommending terms and conditions for JUDICIAL release; 18,560
(3) Reviewing the placement of children and recommending 18,562
alternative placements where appropriate. 18,563
(J) Coordinate dates for hearings to be conducted under 18,565
section 2151.38 2152.22 of the Revised Code and assist in the 18,566
transfer and release of children from institutionalization to the 18,568
custody of the committing court. 18,569
Sec. 5139.18. (A) Except with respect to children who are 18,578
granted a judicial release TO COURT SUPERVISION pursuant to 18,579
division (B) of section 2151.38 2152.22 of the Revised Code, the 18,581
department of youth services is responsible for locating homes or 18,583
jobs for children released from its institutions, for supervision 18,584
of children released from its institutions, and for providing or 18,585
arranging for the provision to those children of appropriate 18,586
services that are required to facilitate their satisfactory 18,587
community adjustment.
(B) The department of youth services shall exercise 18,589
general supervision over all children who have been released on 18,590
placement from any of its institutions other than children who 18,591
are granted a judicial release TO COURT SUPERVISION pursuant to 18,592
division (B) of section 2151.38 2152.22 of the Revised Code. The 18,594
director of youth services, with the consent and approval of the 18,595
board of county commissioners of any county, may contract with 18,596
the public children services agency of that county, the 18,597
department of probation of that county established pursuant to 18,598
section 2301.27 of the Revised Code, or the probation department 18,599
or service established pursuant to sections 2151.01 to 2151.54 of 18,600
the Revised Code for the provision of direct supervision and 18,601
control over and the provision of supportive assistance to all 18,602
children who have been released on placement into that county 18,603
from any of its institutions, or, with the consent of the 18,604
431
juvenile judge or the administrative judge of the juvenile court 18,605
of any county, contract with any other public agency, 18,606
institution, or organization that is qualified to provide the 18,607
care and supervision that is required under the terms and 18,608
conditions of the child's treatment plan for the provision of 18,609
direct supervision and control over and the provision of 18,610
supportive assistance to all children who have been released on 18,611
placement into that county from any of its institutions. 18,612
(C) Whenever any placement official has reasonable cause 18,614
to believe that any child released by a court pursuant to section 18,615
2151.38 2152.22 of the Revised Code has violated the terms and 18,617
conditions of the child's placement, the official may request, in 18,618
writing, from the committing court or transferee court a 18,619
custodial order, and, upon reasonable and probable cause, the 18,620
court may order any sheriff, deputy sheriff, constable, or police 18,621
officer to apprehend the child. A child so apprehended may be 18,622
confined in the detention home FACILITY of the county in which 18,623
the child is apprehended until further order of the court. If a 18,624
child who was released on supervised release by the release 18,625
authority of the department of youth services or a child who was 18,626
granted an early A JUDICIAL release TO DEPARTMENT OF YOUTH 18,627
SERVICES SUPERVISION violates the terms and conditions of the 18,629
supervised release or early JUDICIAL release, section 5139.52 of 18,630
the Revised Code applies with respect to that child.
Sec. 5139.191. Any sheriff, deputy sheriff, constable, 18,639
officer of state or local police, or employee of the department 18,641
of youth services shall apprehend any child who has escaped from 18,643
an institution under the jurisdiction of the department and 18,645
return him THE CHILD. The written request of the superintendent 18,646
of the institution from which the child has escaped shall be 18,647
sufficient cause to authorize the apprehension and return of the 18,649
child to the institution. Such request shall state the name and 18,651
description of the child, that the child is under the 18,653
jurisdiction of the department of youth services, and that the 18,654
432
superintendent has personal knowledge that the child has escaped. 18,655
A child so apprehended may be confined in the detention home 18,656
FACILITY of the county in which he THE CHILD is apprehended until 18,659
removed to the proper institution.
Sec. 5139.20. (A) Notwithstanding any other provision of 18,668
the Revised Code that sets forth the minimum periods or period 18,669
for which a child committed to the department of youth services 18,670
is to be institutionalized or institutionalized in a secure 18,671
facility or the procedures for the judicial release TO COURT 18,672
SUPERVISION or early JUDICIAL release from institutional care or 18,673
institutional care in a secure facility TO DEPARTMENT OF YOUTH 18,674
SERVICES SUPERVISION, the department may grant emergency releases 18,676
to children confined in state juvenile institutions if the 18,677
governor, upon request of the director of the department 18,678
authorizes the director, in writing, to issue a declaration that 18,679
an emergency overcrowding condition exists in all of the 18,680
institutions in which males are confined, or in all of the 18,681
institutions in which females are confined, that are under the 18,682
control of the department. If the governor authorizes the
issuance of a declaration, the director may issue the 18,683
declaration. If the director issues the declaration, the 18,684
director shall file a copy of it with the secretary of state, 18,686
which copy shall be a public record. Upon the filing of the 18,687
copy, the department is authorized to grant emergency releases to 18,688
children within its custody subject to division (B) of this 18,689
section. The authority to grant the emergency releases shall 18,690
continue until the expiration of thirty days from the day on 18,691
which the declaration was filed. The director shall not issue a 18,692
declaration that an emergency overcrowding condition exists 18,693
unless the director determines that no other method of 18,694
alleviating the overcrowding condition is available. 18,696
(B)(1) If the department is authorized under division (A) 18,698
of this section to grant emergency releases to children within 18,699
its custody, the department shall determine which, if any, 18,700
433
children to release under that authority only in accordance with 18,701
this division and divisions (C), (D), and (E) of this section. 18,702
The department, in determining which, if any, children to 18,703
release, initially shall classify each child within its custody 18,704
according to the degree of offense that the act for which the 18,705
child is serving the period of institutionalization would have 18,706
been if committed by an adult. The department then shall 18,707
scrutinize individual children for emergency release, based upon 18,708
their degree of offense, in accordance with the categories and 18,709
the order of consideration set forth in division (B)(2) of this 18,710
section. After scrutiny of all children within the particular 18,712
category under consideration, the department shall designate 18,713
individual children within that category to whom it wishes to 18,714
grant an emergency release.
(2) The categories of children in the custody of the 18,716
department that may be considered for emergency release under 18,717
this section, and the order in which the categories shall be 18,718
considered, are as follows: 18,719
(a) Initially, only children who are not serving a period 18,721
of institutionalization for an act that would have been 18,722
aggravated murder, murder, or a felony of the first, second, 18,723
third, or fourth degree if committed by an adult or for an act 18,724
that was committed before the effective date of this amendment 18,725
JULY 1, 1996, and that would have been an aggravated felony of 18,727
the first, second, or third degree if committed by an adult may
be considered. 18,728
(b) When all children in the category described in 18,730
division (B)(2)(a) of this section have been scrutinized and all 18,731
children in that category who have been designated for emergency 18,732
release under division (B)(1) of this section have been so 18,733
released, then all children who are not serving a period of 18,734
institutionalization for an act that would have been aggravated 18,735
murder, murder, or a felony of the first or second degree if 18,736
committed by an adult or for an act that was committed before the 18,737
434
effective date of this amendment JULY 1, 1996, and that would 18,738
have been an aggravated felony of the first or second degree if 18,740
committed by an adult may be considered.
(c) When all children in the categories described in 18,742
divisions (B)(2)(a) and (b) of this section have been scrutinized 18,743
and all children in those categories who have been designated for 18,744
emergency release under division (B)(1) of this section have been 18,745
released, then all children who are not serving a term of 18,746
institutionalization for an act that would have been aggravated 18,747
murder, murder, or a felony of the first degree if committed by 18,748
an adult or for an act that was committed before the effective 18,749
date of this amendment JULY 1, 1996, and that would have been an 18,751
aggravated felony of the first or second degree if committed by 18,752
an adult may be considered.
(d) In no case shall the department consider for emergency 18,754
release any child who is serving a term of institutionalization 18,756
for an act that would have been aggravated murder, murder, or a 18,757
felony of the first degree if committed by an adult or for an act 18,758
that was committed before the effective date of this amendment 18,759
JULY 1, 1996, and that would have been an aggravated felony of 18,761
the first degree if committed by an adult, and in no case shall
the department grant an emergency release to any such child 18,762
pursuant to this section. 18,763
(C) An emergency release granted pursuant to this section 18,765
shall consist of one of the following: 18,766
(1) A supervised release under terms and conditions that 18,769
the department believes conducive to law-abiding conduct; 18,770
(2) A discharge of the child from the custody and control 18,772
of the department if the department is satisfied that the 18,773
discharge is consistent with the welfare of the individual and 18,774
protection of the public; 18,775
(3) An assignment to a family home, a group care facility, 18,777
or other place maintained under public or private auspices, 18,778
within or without this state, for necessary treatment or 18,779
435
rehabilitation, the costs of which may be paid by the department. 18,780
(D) If a child is granted an emergency release pursuant to 18,782
this section, the child thereafter shall be considered to have 18,783
been institutionalized or institutionalized in a secure facility 18,784
for the prescribed minimum period of time or prescribed time 18,786
under division (A)(4), (5), or (7)(1)(b), (c), (d), OR (e) of 18,787
section 2151.355 2152.16 OR DIVISIONS (A) AND (B) OF SECTION 18,789
2152.17 of the Revised Code. The department shall retain legal 18,791
custody of a child so released until it discharges the child or 18,792
until its custody is terminated as otherwise provided by law. 18,793
(E)(1) If a child is granted an emergency release so that 18,795
the child is released on supervised release or assigned to a 18,797
family home, group care facility, or other place for treatment or
rehabilitation, the department shall prepare a written treatment 18,799
and rehabilitation plan for the child in accordance with division 18,800
(E) of section 2151.38 2152.22 of the Revised Code, which shall 18,802
include the terms and conditions of the child's release or 18,804
assignment, and shall send the committing court and the juvenile 18,806
court of the county in which the child is placed a copy of the 18,807
plan and the terms and conditions that it fixed. The court of 18,808
the county in which the child is placed may adopt the terms and 18,809
conditions as an order of the court and may add any additional 18,810
consistent terms and conditions it considers appropriate. If a 18,811
child is released on supervised release or is assigned subject to 18,812
specified terms and conditions and the court of the county in 18,814
which the child is placed has reason to believe that the child's 18,815
deportment is not in accordance with any post-release terms and 18,817
conditions established by the court in its journal entry, the 18,818
court of the county in which the child is placed, in its 18,819
discretion, may schedule a time for a hearing on whether the 18,820
child violated any of the post-release terms and conditions. If 18,821
that court conducts a hearing and determines at the hearing that 18,824
the child violated any of the post-release terms and conditions 18,825
established in its journal entry, the court, if it determines 18,826
436
that the violation of the terms and conditions was a serious 18,827
violation, may order the child to be returned to the department 18,828
of youth services for institutionalization or, in any case, may 18,829
make any other disposition of the child authorized by law that 18,830
the court considers proper. If the court of the county in which 18,831
the child is placed orders the child to be returned to a
department of youth services institution, the child shall remain 18,832
institutionalized for a minimum period of three months. 18,833
(2) The department also shall file a written progress 18,835
report with the committing court regarding each child granted an 18,836
emergency release pursuant to this section at least once every 18,837
thirty days unless specifically directed otherwise by the court. 18,838
The report shall include the information required of reports 18,839
described in division (F) of section 2151.38 2152.22 of the 18,840
Revised Code. 18,842
Sec. 5139.27. The department of youth services shall adopt 18,851
rules prescribing the minimum standards of construction for a 18,852
school, forestry camp, or other facility established under 18,853
section 2151.65 of the Revised Code for which financial 18,854
assistance may be granted to assist in defraying the cost of the 18,855
construction of the school, forestry camp, or other facility. If 18,858
an application for that financial assistance is filed with the 18,859
department under section 2151.651 of the Revised Code, and the 18,860
department finds that the application is in proper form and the 18,861
specifications for the construction of the school, forestry camp, 18,863
or other facility meet the minimum standards set forth in the 18,864
rules adopted by the department, the department may, from moneys 18,865
available to it for granting financial assistance for the
construction of schools, forestry camps, or other facilities 18,866
established under section 2151.65 of the Revised Code, grant 18,867
financial assistance to the county making the application, 18,868
subject to the approval of the controlling board, in an amount 18,869
not to exceed one-half of the county's share of the cost of 18,870
construction of the school, forestry camp, or other facility but 18,872
437
not to exceed six thousand five hundred dollars for each bed unit 18,873
provided for in the school, forestry camp, or other facility. As 18,876
used in this section, "construction" means the building and the
initial equipping of new structures and, to the extent provided 18,877
for in rules adopted by the department, the acquisition, 18,878
remodeling, and initial equipping of existing structures, 18,879
excluding architect's fees and the cost of land acquisition. 18,880
A county that receives financial assistance under this 18,882
section shall not be obligated to repay the assistance to the 18,884
state unless the school, forestry camp, or other facility for 18,885
which the assistance is granted is used within the ten-year 18,886
period immediately following its establishment for other than the 18,887
purpose of rehabilitating children between the ages of twelve to 18,888
eighteen years, other than psychotic or mentally retarded 18,889
children, who are designated delinquent CHILDREN, as defined in 18,890
section 2151.02 2152.02 of the Revised Code, or unruly, as 18,891
defined in section 2151.022 of the Revised Code, by order of a 18,893
juvenile court. If the department of youth services finds that 18,894
the school, forestry camp, or other facility is used for other 18,896
than that purpose within that ten-year period, the county shall 18,898
be obligated to repay the assistance to the state and, through 18,899
its board of county commissioners, may enter into an agreement 18,900
with the director of budget and management for the discharge of 18,901
that obligation over a period not to exceed ten years in 18,902
duration. Whenever a county is obligated to repay that 18,903
assistance to the state and its board of county commissioners 18,905
fails to enter into or fails to comply with an agreement for the 18,906
discharge of that obligation, the tax commissioner, pursuant to 18,908
section 5747.54 of the Revised Code, shall withhold from 18,909
distribution to the county from the local government fund an 18,911
amount sufficient to discharge the county from that obligation to 18,912
the state. 18,913
Sec. 5139.271. Subject to the approval of the controlling 18,922
board, the department of youth services may grant and pay 18,923
438
financial assistance to defray the county's share of the cost of 18,924
acquiring or constructing a district detention home FACILITY, 18,925
established under section 2151.34 2152.41 of the Revised Code, to 18,927
any county making application under section 2151.3416 2152.43 of 18,929
the Revised Code if the department finds that the application was 18,931
made in accordance with its rules and the home FACILITY or the 18,932
specifications for the home FACILITY meet minimum standards 18,934
established by the department. No financial assistance shall be 18,935
granted for defraying the cost of architects' fees or land. 18,936
The department shall adopt rules prescribing the minimum 18,938
standards of construction and condition of existing structures, 18,939
established under section 2151.34 2152.41 of the Revised Code, 18,940
for which financial assistance is granted under this section. 18,942
The department may recommend programs of education and training 18,943
and the qualifications desired for personnel of a district 18,944
detention home FACILITY. 18,945
The amount of financial assistance granted to any county 18,947
shall not exceed one-half of the county's share of the cost of 18,948
acquisition or construction of the home FACILITY. The total of 18,949
all state assistance for any home shall not exceed six thousand 18,951
five hundred dollars for each bed unit provided for in the home 18,952
FACILITY. 18,953
A county which THAT receives financial assistance under 18,955
this section shall repay the assistance to the state if the home 18,956
FACILITY for which the assistance is granted is used within the 18,958
ten-year period immediately following its establishment for 18,959
purposes other than those contained in section 2151.34 2152.41 of 18,960
the Revised Code. A board of county commissioners which THAT 18,961
uses the home FACILITY for any other purpose within that period 18,962
shall enter into an agreement with the director of budget and 18,963
management for the discharge of that obligation over a period not 18,965
to exceed ten years. If a board of county commissioners fails to 18,966
enter into an agreement for the discharge of that obligation, or 18,967
fails to comply with the terms of such an agreement, the director 18,969
439
shall direct the tax commissioner, pursuant to section 5747.54 of 18,970
the Revised Code, to withhold from the distribution of the local 18,971
government fund an amount sufficient to discharge the obligation. 18,972
As used in this section: 18,974
(A) "Construction" means the building and initial 18,976
equipping of new structures. 18,977
(B) "Acquisition" means "acquisition" as defined in the 18,980
rules of the department, which may include the purchase, 18,981
remodeling, and initial equipping of existing structures. 18,982
Sec. 5139.281. The department of youth services shall 18,991
adopt rules prescribing the manner of application for financial 18,992
assistance under this section for the operation and maintenance 18,993
of a detention home FACILITY provided, or district detention home 18,995
FACILITY established, under section 2151.34 2151.41 of the 18,996
Revised Code and prescribing minimum standards of operation, 18,998
including criteria for programs of education, training, 18,999
counseling, recreation, health, and safety, and qualifications of 19,000
personnel with which a home FACILITY shall comply as a condition 19,001
of eligibility for assistance under this section. If the board 19,003
of county commissioners providing a detention home FACILITY or 19,004
the board of trustees of a district detention home FACILITY 19,006
applies to the department for assistance and if the department 19,008
finds that the application is in accordance with the rules 19,009
adopted under this section and that the home FACILITY meets the 19,010
minimum standards adopted under this section, the department may 19,011
grant assistance to the applicant board for the operation and 19,012
maintenance of each home FACILITY in an amount not to exceed 19,013
fifty per cent of the approved annual operating cost. The board 19,014
shall make a separate application for each year for which 19,015
assistance is requested. 19,016
The department shall adopt any necessary rules for the 19,018
care, treatment, and training in a district detention home 19,019
FACILITY of children found to be delinquent children and 19,020
committed to the home FACILITY by the juvenile court under 19,022
440
section 2151.355 2151.19 of the Revised Code and may approve for 19,025
this purpose any home FACILITY that is found to be in compliance 19,026
with the rules it adopts.
The department shall provide, at least once every six 19,028
months, in-service training programs for staff members of 19,029
detention homes FACILITIES or district detention homes FACILITIES 19,031
and shall pay all travel and other necessary expenses incurred by 19,032
participating staff members. 19,033
Sec. 5139.29. The department of youth services shall adopt 19,042
and promulgate regulations prescribing the method of calculating 19,044
the amount of and the time and manner for the payment of 19,046
financial assistance granted under sections 5139.27, 5139.271, 19,048
and 5139.28 of the Revised Code, for the construction or 19,049
acquisition of a district detention home FACILITY established 19,050
under section 2151.34 2152.41 of the Revised Code, or for the 19,052
construction and maintenance of a school, forestry camp, or other 19,054
facility established under section 2151.65 of the Revised Code. 19,055
Sec. 5139.31. The department of youth services may inspect 19,063
any school, forestry camp, district detention home FACILITY, or 19,064
other facility for which an application for financial assistance 19,065
has been made to the department under section 2151.341, 2151.3416 19,066
2152.43, 2151.651, or 2151.652 of the Revised Code or for which 19,068
financial assistance has been granted by the department under 19,069
section 5139.27, 5139.271, 5139.28, or 5139.281 of the Revised 19,070
Code. The inspection may include, but need not be limited to, 19,071
examination and evaluation of the physical condition of the 19,072
school, forestry camp, district detention home FACILITY, or other 19,073
facility, including any equipment used in connection with it; 19,075
observation and evaluation of the training and treatment of 19,076
children admitted to it; examination and analysis and copying of 19,077
any papers, records, or other documents relating to the 19,078
qualifications of personnel, the commitment of children to it, 19,079
and its administration.
Sec. 5139.32. (A) Whenever a child committed to the 19,088
441
department of youth services is unable to benefit from the 19,089
programs conducted by the department, as found under division (B) 19,090
of this section, the department forthwith shall release or 19,091
discharge such child from its jurisdiction and either return him 19,092
THE CHILD to the committing court, provided that such court so 19,094
consents or directs, or otherwise secure for him THE CHILD an 19,095
environment more beneficial to his THE CHILD'S future 19,097
development.
(B) The determination that a child is unable to benefit 19,099
from the programs conducted by the department shall be made by 19,100
the committing court on its own motion or upon application by the 19,101
department or by a parent or the guardian of the person of the 19,102
child, or, if the child has been institutionalized or 19,103
institutionalized in a secure facility, whichever is applicable, 19,104
for the prescribed minimum period set forth in section 2151.355 19,106
CHAPTER 2152. of the Revised Code and his THE CHILD'S commitment 19,107
order, by the department itself. 19,109
Sec. 5139.35. (A) Except as provided in division (C) of 19,118
this section and division (C)(2) of section 5139.06 of the 19,119
Revised Code, the department of youth services shall not place a 19,120
child committed to it pursuant to division (A)(6) of section 19,121
2151.355 2152.16 OR DIVISIONS (A) AND (B) OF SECTION 2152.17 of 19,123
the Revised Code or one committed to it pursuant to division 19,125
(A)(4), (5), or (7) of that section who has not been
institutionalized or institutionalized in a secure facility for 19,126
the prescribed minimum periods or prescribed period of 19,127
institutionalization under those divisions in an institution with 19,128
a less restrictive setting than that in which the child was 19,129
originally placed, other than an institution under the management 19,130
and control of the department, without first obtaining the prior 19,131
consent of the committing court. 19,132
(B) Except as provided in division (C) of this section, 19,134
the department of youth services shall notify the committing 19,135
court, in writing, of any placement of a child committed to it 19,136
442
pursuant to division (A)(4), (5), or (7)(1)(b), (c), (d), OR (e) 19,138
of section 2151.355 2152.16 OR DIVISIONS (A) AND (B) OF SECTION 19,139
2152.17 of the Revised Code who has been institutionalized or 19,140
institutionalized in a secure facility for the prescribed minimum 19,142
periods or prescribed period of institutionalization under those 19,143
divisions in an institution with a less restrictive setting than 19,145
that in which the child was originally placed, other than an 19,146
institution under the management and control of the department, 19,147
at least fifteen days before the scheduled date of placement. 19,148
(C) If, pursuant to division (C)(2) of section 5139.06 of 19,150
the Revised Code, the department of youth services transfers a 19,151
child committed to it pursuant to division (A)(4), (5), (6), or 19,153
(7)(1)(b), (c), (d), OR (e) of section 2151.355 2152.16 OR 19,154
DIVISIONS (A) AND (B) OF SECTION 2152.17 of the Revised Code to a 19,155
correctional medical center established by the department of 19,156
rehabilitation and correction, the department of youth services 19,157
shall send the committing court a certified copy of the transfer 19,158
order.
Sec. 5139.41. On and after January 1, 1995, the 19,167
appropriation made to the department of youth services for care 19,168
and custody of felony delinquents shall be expended in accordance 19,169
with a formula that the department shall develop for each year of 19,170
a biennium. The formula shall be consistent with sections 19,171
5139.41 to 5139.45 of the Revised Code and shall be developed in 19,172
accordance with the following guidelines: 19,173
(A) The department shall set aside at least three per cent 19,175
but not more than five per cent of the appropriation for purposes 19,177
of funding the contingency program described in section 5139.45 19,178
of the Revised Code and of use in accordance with that section. 19,179
(B)(1) After setting aside the amount described in 19,181
division (A) of this section, the department shall set aside 19,182
twenty-five per cent of the remainder of the appropriation and 19,184
use that amount for the purpose described in division (B)(2) of 19,185
this section and to pay certain of the operational costs 19,186
443
associated with, and to provide cash flow for, the following: 19,187
(a) Institutions; 19,189
(b) The diagnosis, care, or treatment of felony 19,191
delinquents at institutions, facilities, or centers pursuant to 19,192
contracts entered into under section 5139.08 of the Revised Code; 19,193
(c) Community corrections facilities constructed, 19,195
reconstructed, improved, or financed as described in section 19,197
5139.36 of the Revised Code for the purpose of providing 19,198
alternative placement and services for felony delinquents who 19,199
have been diverted from care and custody in institutions. 19,200
(2) The department may use a portion of the twenty-five 19,202
per cent of the remainder of the appropriation set aside pursuant 19,203
to division (B)(1) of this section for administrative expenses 19,204
incurred by the department in connection with the felony 19,205
delinquent care and custody program described in section 5139.43 19,206
of the Revised Code and the associated contingency program 19,207
described in section 5139.45 of the Revised Code. 19,208
(C) After setting aside the amounts described in divisions 19,210
(A) and (B)(1) of this section, the department shall set aside 19,211
the amount of the appropriation that is equal to twenty-five per 19,212
cent of the amount that is calculated by multiplying the per diem 19,213
cost for the care and custody of felony delinquents, as 19,214
determined pursuant to division (D) of section 5139.42 of the 19,215
Revised Code, by the number of bed days that the department
projects for occupancy in community corrections facilities 19,217
described in division (B)(1)(c) of this section. The department 19,218
shall use the amount of the appropriation that is set aside 19,219
pursuant to this division to pay the percentage of the per diem 19,220
cost for the care and custody of felony delinquents who are in 19,221
the care and custody of community corrections facilities
described in division (B)(1)(c) of this section for which the 19,223
department is responsible under sections 5139.41 to 5139.45 of
the Revised Code.
(D) After setting aside the amounts described in divisions 19,225
444
(A) to (C) of this section, the department shall set aside the 19,227
amount of the appropriation that is necessary to pay seventy-five 19,228
per cent of the per diem cost of public safety beds and shall use 19,229
that amount for the purpose of paying that per diem cost. 19,230
(E) After setting aside the amounts described in divisions 19,232
(A) to (D) of this section, the department shall use the 19,233
remainder of the appropriation in connection with the felony 19,234
delinquent care and custody program described in section 5139.43 19,235
of the Revised Code, EXCEPT THAT, FOR FISCAL YEAR 2002 AND FISCAL 19,236
YEAR 2003 AND ONLY FOR THOSE TWO FISCAL YEARS, THE TOTAL NUMBER 19,237
OF BEDS AVAILABLE TO ALL COUNTIES VIA PUBLIC SAFETY BEDS AND 19,239
COUNTY ALLOCATIONS SHALL NOT BE LESS THAN THE TOTAL BEDS USED BY 19,240
ALL THE COUNTIES DURING FISCAL YEAR 2000 FUNDED BY CARE AND 19,241
CUSTODY CHARGEBACKS (LINE ITEM 401) AND AS PUBLIC SAFETY BEDS. 19,242
Sec. 5139.50. (A) The release authority of the department 19,251
of youth services is hereby created as a bureau in the 19,254
department. The release authority shall consist of five members 19,255
who are appointed by the director of youth services and who have 19,256
the qualifications specified in division (B) of this section. 19,258
The members of the release authority shall devote their full time 19,259
to the duties of the release authority and shall neither seek nor 19,260
hold other public office. The members shall be in the 19,261
unclassified civil service.
(B) A person appointed as a member of the release 19,263
authority shall have a bachelor's degree from an accredited 19,264
college or university or equivalent relevant experience and shall 19,265
have the skills, training, or experience necessary to analyze 19,267
issues of law, administration, and public policy. The membership 19,268
of the release authority shall represent, insofar as practicable, 19,269
the diversity found in the children in the legal custody of the 19,270
department of youth services. 19,271
In appointing the five members, the director shall ensure 19,273
that the appointments include all of the following: 19,274
(1) At least four members who have five or more years of 19,277
445
experience in criminal justice, juvenile justice, or an
equivalent relevant profession; 19,278
(2) At least one member who has experience in victim 19,280
services or advocacy or who has been a victim of a crime or is a 19,281
family member of a victim; 19,282
(3) At least one member who has experience in direct care 19,285
services to delinquent children;
(4) At least one member who holds a juris doctor degree 19,287
from an accredited college or university. 19,288
(C) The initial appointments of members of the release 19,291
authority shall be for a term of six years for the chairperson 19,292
and one member, a term of four years for two members, and a term 19,293
of two years for one member. Thereafter, members shall be 19,294
appointed for six-year terms. At the conclusion of a term, a 19,295
member shall hold office until the appointment and qualification 19,296
of the member's successor. The director shall fill a vacancy 19,297
occurring before the expiration of a term for the remainder of 19,298
that term and may appoint an interim member to fulfill the duties 19,299
of a member who, IF A MEMBER is on extended leave or disability 19,301
status FOR MORE THAN THIRTY WORK DAYS, MAY APPOINT AN INTERIM 19,302
MEMBER TO FULFILL THE DUTIES OF THAT MEMBER. A member may be 19,304
reappointed, but a member may serve no more than two consecutive 19,305
terms regardless of the length of the member's initial term. A
member may be removed for good cause by the director. 19,307
(D) The director of youth services shall designate as 19,310
chairperson of the release authority one of the members who has 19,311
experience in criminal justice, juvenile justice, or an 19,312
equivalent relevant profession. The chairperson shall be a 19,313
managing officer of the department, shall supervise the members 19,314
of the board and the other staff in the bureau, and shall perform 19,315
all duties and functions necessary to ensure that the release 19,317
authority discharges its responsibilities. The chairperson shall 19,319
serve as the official spokesperson for the release authority. 19,320
FOR THE PURPOSES OF TRANSACTING THE OFFICIAL BUSINESS OF 19,322
446
THE RELEASE AUTHORITY, A MAJORITY OF THE MEMBERS OF THE RELEASE 19,323
AUTHORITY SHALL CONSTITUTE A QUORUM. A MAJORITY VOTE OF THE 19,324
QUORUM SHALL DETERMINE THE ACTIONS OF THE RELEASE AUTHORITY. 19,325
(E) The release authority shall do all of the following: 19,328
(1) Make SERVE AS THE FINAL AND SOLE AUTHORITY FOR MAKING 19,330
decisions, in the interests of public safety and the children 19,331
involved, regarding the release and discharge of all children 19,333
committed to the legal custody of the department of youth 19,334
services, except children placed BY A JUVENILE COURT on judicial 19,335
release TO COURT SUPERVISION or early ON JUDICIAL release by a 19,337
juvenile court TO DEPARTMENT OF YOUTH SERVICES SUPERVISION,
children who have not completed a prescribed minimum period of 19,339
time or prescribed period of time in a secure facility, or 19,340
children who are required to remain in a secure facility until 19,341
they attain twenty-one years of age;
(2) Establish written policies and procedures for 19,343
conducting periodic reviews of the status of children FOR ALL 19,345
YOUTH in the custody of the department, setting or modifying 19,346
dates of release and discharge, communicating to the court 19,348
SPECIFYING the duration, terms, and conditions of release to be 19,349
carried out in supervised release subject to the addition of 19,350
additional consistent terms and conditions by a court in
accordance with section 5139.51 of the Revised Code, and giving a 19,352
child notice of all reviews;
(3) Maintain records of its official actions, decisions, 19,355
orders, and hearing summaries and make the records accessible in 19,356
accordance with division (D) of section 5139.05 of the Revised 19,357
Code;
(4) Cooperate with public and private agencies, 19,359
communities, private groups, and individuals for the development 19,360
and improvement of its services; 19,361
(5) Collect, develop, and maintain statistical information 19,364
regarding its services and decisions;
(6) Submit to the director an annual report that includes 19,366
447
a description of the operations of the release authority, an 19,367
evaluation of its effectiveness, recommendations for statutory, 19,368
budgetary, or other changes necessary to improve its 19,369
effectiveness, and any other information required by the 19,370
director.
(F) The release authority may do any of the following: 19,373
(1) Conduct inquiries, investigations, and reviews and 19,376
hold hearings and other proceedings necessary to properly
discharge its responsibilities; 19,377
(2) Issue subpoenas, enforceable in a court of law, to 19,379
compel a person to appear, give testimony, or produce documentary 19,381
information or other tangible items relating to a matter under 19,382
inquiry, investigation, review, or hearing;
(3) Administer oaths and receive testimony of persons 19,384
under oath; 19,385
(4) Request assistance, services, and information from a 19,388
public agency to enable the authority to discharge its
responsibilities and receive the assistance, services, and 19,389
information from the public agency in a reasonable period of 19,390
time;
(5) Request from a public agency or any other entity that 19,392
provides or has provided services to a child committed to the 19,393
department's legal custody information to enable the release 19,394
authority to properly discharge its responsibilities with respect 19,396
to that child and receive the information from the public agency
or other entity in a reasonable period of time. 19,397
(G) THE RELEASE AUTHORITY SHALL NOT DELEGATE ITS AUTHORITY 19,400
TO MAKE FINAL DECISIONS REGARDING POLICY OR THE RELEASE OF A 19,401
CHILD.
(H) The release authority shall adopt a written policy and 19,403
procedures governing appeals of its release and discharge 19,405
decisions.
(H)(I) The legal staff of the department of youth services 19,408
shall provide assistance to the release authority in the 19,410
448
formulation of policy and in its handling of individual cases. 19,411
Sec. 5139.51. (A) The release authority of the department 19,420
of youth services shall not release a child who is in the custody 19,421
of the department of youth services from institutional care or 19,422
institutional care in a secure facility and shall not discharge 19,423
the child or order the child's release on supervised release 19,424
prior to the expiration of the prescribed minimum period of 19,425
institutionalization or institutionalization in a secure facility 19,426
or prior to the child's attainment of twenty-one years of age, 19,427
whichever is applicable under the order of commitment, other than 19,428
as is provided in division (A) of section 2151.38 2152.22 of the 19,430
Revised Code. The release authority may conduct periodic reviews 19,431
of the case of each child who is in the custody of the department 19,432
and who is eligible for supervised release or discharge after 19,434
completing the minimum period of time or period of time in an 19,435
institution prescribed by the committing court. At least thirty
days prior to conducting a periodic review of the case of a child 19,436
who was committed to the department regarding the possibility of 19,439
supervised release or discharge and at least thirty days prior to
conducting a release review, a release hearing, or a discharge 19,440
review under division (E) of this section, the release authority 19,442
shall give notice of the review or hearing to the court that 19,444
committed the child, to the prosecuting attorney in the case, and 19,445
to the victim of the delinquent act for which the child was 19,446
committed or the victim's representative. If a child is on
supervised release and has had the child's parole revoked, and 19,447
if, upon release, there is insufficient time to provide the 19,448
notices otherwise required by this division, the release 19,449
authority, at least ten days prior to the child's release, shall
provide reasonable notice of the child's release to the court 19,450
that committed the child, to the prosecuting attorney in the 19,451
case, and to the victim of the delinquent act for which the child 19,452
was committed or the victim's representative. The court or 19,455
prosecuting attorney may submit to the release authority written 19,456
449
comments regarding, or written objections to, the supervised 19,457
release or discharge of that child. Additionally, if the child 19,458
was committed for an act that is a category one or category two 19,459
offense, the court or prosecuting attorney orally may communicate 19,460
to a representative of the release authority comments regarding, 19,461
or objections to, the supervised release or discharge of the 19,462
child or, if a hearing is held regarding the possible release or 19,464
discharge of the child, may communicate those comments at the 19,465
hearing. In conducting the review of the child's case regarding 19,467
the possibility of supervised release or discharge, the release 19,468
authority shall consider any comments and objections so submitted 19,469
or communicated by the court or prosecutor and any statements or 19,471
comments submitted or communicated under section 5139.56 of the 19,472
Revised Code by a victim of an act for which the child was 19,473
committed to the legal custody of the department or by the 19,474
victim's representative of a victim of an act of that type. 19,475
The release authority shall determine the date on which a 19,477
child may be placed on supervised release or discharged. If the 19,479
release authority believes that a child should be placed on 19,480
supervised release, it shall comply with division (B) of this 19,481
section. If the release authority believes that a child should 19,482
be discharged, it shall comply with division (C) or (E) of this 19,484
section. If the release authority denies the supervised release 19,486
or discharge of a child, it shall provide the child with a 19,487
written record of the reasons for the decision. 19,488
(B)(1) When the department RELEASE AUTHORITY decides to 19,490
place a child on supervised release, consistent with division (D) 19,493
of this section, it THE DEPARTMENT shall prepare a written 19,494
supervised release plan that specifies the terms and conditions 19,496
upon which the child is to be released from an institution on 19,497
supervised release and, at least thirty days prior to the release 19,498
of the child on the supervised release, shall send to the 19,499
committing court and the juvenile court of the county in which 19,500
the child will be placed a copy of the supervised release plan 19,501
450
and the terms and conditions of release. The juvenile court of 19,502
the county in which the child will be placed, within fifteen days 19,504
after its receipt of the copy of the supervised release plan, may 19,506
add to the supervised release plan any additional consistent 19,507
terms and conditions it considers appropriate, provided that the 19,508
court may not add any term or condition that decreases the level 19,509
or degree of supervision specified by the release authority in 19,510
the plan, that substantially increases the financial burden of 19,511
supervision that will be experienced by the department of youth 19,512
services, or that alters the placement specified by the plan. 19,513
If, within fifteen days after its receipt of the copy of 19,516
the supervised release plan, the juvenile court of the county in 19,517
which the child will be placed does not add to the supervised 19,518
release plan any additional terms and conditions, the court shall 19,519
enter the supervised release plan in its journal within that 19,521
fifteen-day period and, within that fifteen-day period, shall
send to the release authority a copy of the journal entry of the 19,522
supervised release plan. The journalized plan shall apply 19,523
regarding the child's supervised release. 19,524
If, within fifteen days after its receipt of the copy of 19,527
the supervised release plan, the juvenile court of the county in 19,528
which the child will be placed adds to the supervised release 19,530
plan any additional terms and conditions, the court shall enter 19,531
the supervised release plan and the additional terms and 19,533
conditions in its journal and, within that fifteen-day period, 19,534
shall send to the release authority a copy of the journal entry 19,535
of the supervised release plan and additional terms and 19,537
conditions. The journalized supervised release plan and 19,538
additional terms and conditions added by the court that satisfy 19,540
the criteria described in this division shall apply regarding the 19,541
child's supervised release.
If, within fifteen days after its receipt of the copy of 19,543
the supervised release plan, the juvenile court of the county in 19,544
which the child will be placed neither enters in its journal the 19,545
451
supervised release plan nor enters in its journal the supervised 19,547
release plan plus additional terms and conditions added by the 19,548
court, the court and the department of youth services may attempt 19,549
to resolve any differences regarding the plan within three days. 19,550
If a resolution is not reached within that three-day period, 19,551
thereafter, the supervised release plan shall be enforceable to 19,552
the same extent as if the court actually had entered the 19,555
supervised release plan in its journal. 19,556
(2) When the release authority receives from the court a 19,559
copy of the journalized supervised release plan and, if 19,560
applicable, a copy of the journalized additional terms and
conditions added by the court, the release authority shall keep 19,562
the original copy or copies in the child's file and shall provide 19,563
a copy of each document to the child, the employee of the 19,564
department who is assigned to supervise and assist the child 19,565
while on release, and the committing court. 19,566
(C) If a child who is in the custody of the department of 19,568
youth services was committed pursuant to division (A)(4) or (5) 19,570
(1)(b), (c), (d), OR (e) of section 2151.355 2152.16 of the 19,572
Revised Code and has been institutionalized or institutionalized 19,573
in a secure facility for the prescribed minimum periods of time 19,574
under those divisions and if the release authority is satisfied 19,575
that the discharge of the child without the child being placed on 19,576
supervised release would be consistent with the welfare of the 19,577
child and protection of the public, the department RELEASE 19,578
AUTHORITY, without approval of the court that committed the 19,580
child, may discharge the child from its THE DEPARTMENT'S custody 19,582
and control without placing the child on supervised release. 19,583
Additionally, the department RELEASE AUTHORITY may discharge a 19,584
child in its THE DEPARTMENT'S custody without the child being 19,585
placed on supervised release if the child is removed from the 19,586
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 19,588
this state, another state, or the United States, if the child is 19,589
452
convicted of or pleads guilty to any criminal offense, or as 19,590
otherwise provided by law. At least fifteen days before the 19,591
scheduled date of discharge of the child without the child being 19,592
placed on supervised release, the department shall notify the 19,593
committing court, in writing, that it is going to discharge the 19,594
child and of the reason for the discharge. Upon discharge of the 19,596
child without the child being placed on supervised release, the 19,597
department immediately shall certify the discharge in writing and 19,598
shall transmit the certificate of discharge to the committing 19,599
court.
(D) In addition to requirements that are reasonably 19,602
related to the child's prior pattern of criminal or delinquent 19,603
behavior and the prevention of further criminal or delinquent 19,604
behavior, the department RELEASE AUTHORITY shall specify the 19,605
following requirements for each child whom it releases: 19,606
(1) The child shall observe the law. 19,608
(2) The child shall maintain appropriate contact, as 19,610
specified in the written supervised release plan for that child. 19,612
(3) The child shall not change residence unless the child 19,615
seeks prior approval for the change from the employee of the 19,616
department assigned to supervise and assist the child, provides 19,618
that employee, at the time the child seeks the prior approval for 19,619
the change, with appropriate information regarding the new 19,621
residence address at which the child wishes to reside, and 19,622
obtains the prior approval of that employee for the change.
(E) The period of a child's supervised release may extend 19,625
from the date of release from an institution until the child 19,626
attains twenty-one years of age. If the period of supervised 19,628
release extends beyond one year after the date of release, the 19,629
child may request in writing that the release authority conduct a 19,630
discharge review after the expiration of the one-year period or 19,631
the minimum period or period. If the child so requests, the 19,632
release authority shall conduct a discharge review and give the 19,633
child its decision in writing. The release authority shall not 19,634
453
grant a discharge prior to the discharge date if it finds good 19,635
cause for retaining the child in the custody of the department 19,636
until the discharge date. A child may request an additional 19,637
discharge review six months after the date of a previous 19,638
discharge review decision, but not more than once during any 19,639
six-month period after the date of a previous discharge review 19,640
decision.
(F) At least two weeks before THE RELEASE AUTHORITY PLACES 19,642
ON SUPERVISED RELEASE OR DISCHARGE a child who was committed to 19,644
the legal custody of the department is placed on supervised
release or discharged, the release authority shall provide notice 19,646
of the release or discharge as follows: 19,647
(1) In relation to the placement on supervised release or 19,649
discharge of a child who was committed to the department for 19,651
committing an act that is a category one or category two offense, 19,652
the release authority shall notify, by the specified deadline, 19,654
all of the following of the release or discharge: 19,655
(a) The prosecuting attorney of the county in which the 19,657
child was adjudicated a delinquent child and committed to the 19,658
custody of the department; 19,659
(b) Whichever of the following is applicable: 19,661
(i) If upon the supervised release or discharge the child 19,663
will reside in a municipal corporation, the chief of police or 19,664
other chief law enforcement officer of that municipal 19,665
corporation;
(ii) If upon the supervised release or discharge the child 19,667
will reside in an unincorporated area of a county, the sheriff of 19,668
that county.
(2) In relation to the placement on supervised release or 19,670
discharge of a child who was committed to the department for 19,671
committing any act, the release authority shall notify, by the 19,672
specified deadline, each victim of the act for which the child 19,674
was committed to the legal custody of the department who, 19,675
pursuant to section 5139.56 of the Revised Code, has requested to 19,677
454
be notified of the placement of the child on supervised release 19,678
or the discharge of the child, provided that, if any victim has 19,680
designated a person pursuant to that section to act on the
victim's behalf as a victim's representative, the notification 19,681
required by this division shall be provided to that victim's 19,682
representative. 19,683
Sec. 5139.52. (A) At any time during a child's supervised 19,692
release or during the period of a child's early JUDICIAL release 19,693
TO DEPARTMENT OF YOUTH SERVICES SUPERVISION, if the regional 19,695
administrator or the employee of the department assigned to 19,696
supervise and assist the child has reasonable grounds to believe 19,697
that the child has violated a term or condition of the supervised 19,698
release or early JUDICIAL release, the administrator or employee 19,699
may request a court to issue a summons that requires the child to 19,703
appear for a hearing to answer charges of the alleged violation. 19,704
The summons shall contain a brief statement of the alleged 19,705
violation, including the date and place of the violation, and 19,706
shall require the child to appear for a hearing before the court 19,707
at a specific date, time, and place. 19,708
(B)(1) At any time while a child is on supervised release 19,710
or during the period of a child's early JUDICIAL release TO 19,711
DEPARTMENT OF YOUTH SERVICES SUPERVISION, a regional 19,713
administrator or a designee of a regional administrator, upon 19,714
application of the employee of the department assigned to 19,715
supervise and assist the child as described in this division, may 19,716
issue, or cause to be issued, an order of apprehension for the 19,718
arrest of the child for the alleged violation of a term or 19,719
condition of the child's supervised release or early JUDICIAL 19,720
release. An application requesting an order of apprehension 19,723
shall set forth that, in the good faith judgment of the employee 19,726
of the department assigned to supervise and assist the child 19,727
making the application, there is reasonable cause to believe that 19,730
the child who is on supervised release or early JUDICIAL release 19,731
TO DEPARTMENT OF YOUTH SERVICES SUPERVISION has violated or is 19,733
455
violating a term or condition of the child's supervised release 19,735
or early JUDICIAL release, shall state the basis for that belief, 19,737
and shall request that the child be taken to an appropriate place 19,738
of secure detention pending a probable cause determination. As 19,740
an alternative to an order of apprehension for the child, a 19,741
regional administrator or the employee of the department assigned 19,742
to supervise and assist the child may request a court to issue a 19,743
warrant for the arrest of the child.
Subject to the provision of prior notice required by 19,745
division (D)(1) of this section, if a regional administrator or a 19,748
designee of a regional administrator issues, in writing, an order 19,749
of apprehension for the arrest of a child, a staff member of the 19,750
department of youth services who has been designated pursuant to 19,751
division (A)(1) of section 5139.53 of the Revised Code as being 19,754
authorized to arrest and who has received the training described 19,755
in division (B)(1) of that section, or a peace officer, as 19,757
defined in section 2935.01 of the Revised Code, may arrest the 19,758
child, without a warrant, and place the child in secure detention 19,759
in accordance with this section. 19,760
If a child is on supervised release or early JUDICIAL 19,762
release TO DEPARTMENT OF YOUTH SERVICES SUPERVISION, any peace 19,763
officer, as defined in section 2935.01 of the Revised Code, may 19,766
arrest the child without a warrant or order of apprehension if 19,767
the peace officer has reasonable grounds to believe that the 19,768
child has violated or is violating any of the following that has 19,769
been prescribed by the release authority or department of youth 19,770
services relative to the child: 19,771
(a) A condition that prohibits the child's ownership, 19,774
possession, or use of a firearm, deadly weapon, ammunition, or 19,775
dangerous ordnance, all as defined in section 2923.11 of the 19,776
Revised Code;
(b) A condition that prohibits the child from being within 19,779
a specified structure or geographic area; 19,780
(c) A condition that confines the child to a residence, 19,783
456
facility, or other structure;
(d) A condition that prohibits the child from contacting 19,786
or communicating with any specified individual; 19,787
(e) A condition that prohibits the child from associating 19,790
with a specified individual;
(f) Any other rule, term, or condition governing the 19,793
conduct of the child that has been prescribed by the release 19,794
authority.
(2) Subject to the provision of prior notice required by 19,796
division (D)(1) of this section, a staff member of the department 19,797
of youth services who is designated by the director pursuant to 19,799
division (A)(1) of section 5139.53 of the Revised Code and who
has received the training described in division (B)(1) of that 19,801
section, a peace officer, as defined in section 2935.01 of the 19,802
Revised Code, or any other officer with the power to arrest may 19,803
execute a warrant or order of apprehension issued under division 19,805
(B)(1) of this section and take the child into secure custody. 19,807
(C) A staff member of the department of youth services who 19,809
is designated by the director of youth services pursuant to 19,810
division (A)(1) of section 5139.53 of the Revised Code and who 19,812
has received the training described in division (B)(1) of that 19,814
section, a peace officer, as defined in section 2935.01 of the 19,815
Revised Code, or any other officer with the power to arrest may 19,816
arrest without a warrant or order of apprehension and take into 19,817
secure custody a child in the legal custody of the department, if 19,819
the staff member, peace officer, or other officer has reasonable 19,820
cause to believe that the child who is on supervised release or 19,821
early JUDICIAL release TO DEPARTMENT OF YOUTH SERVICES 19,822
SUPERVISION has violated or is violating a term or condition of 19,823
the supervised release or early JUDICIAL release in any of the 19,824
following manners: 19,825
(1) The child committed or is committing an offense or 19,828
delinquent act in the presence of the staff member, peace
officer, or other officer. 19,830
457
(2) There is probable cause to believe that the child 19,832
violated a term or condition of supervised release or early 19,833
JUDICIAL release and that the child is leaving or is about to 19,836
leave the state.
(3) The child failed to appear before the release 19,838
authority pursuant to a summons for a modification or failed to 19,839
appear for a scheduled court hearing. 19,840
(4) The arrest of the child is necessary to prevent 19,842
physical harm to another person or to the child. 19,843
(D)(1) Except as otherwise provided in this division, 19,845
prior to arresting a child under this section, either in relation 19,846
to an order of apprehension or a warrant for arrest or in any 19,847
other manner authorized by this section, a staff member or 19,848
employee of the department of youth services shall provide notice 19,849
of the anticipated arrest to each county, municipal, or township 19,851
law enforcement agency with jurisdiction over the place at which 19,852
the staff member or employee anticipates making the arrest. A 19,854
staff member or employee is not required to provide the notice 19,855
described in this division prior to making an arrest in any 19,856
emergency situation or circumstance described under division (C) 19,858
of this section.
(2) If a child is arrested under this section and if it is 19,861
known that the child is on supervised release or early JUDICIAL 19,862
release TO DEPARTMENT OF YOUTH SERVICES SUPERVISION, a juvenile 19,863
court, local juvenile detention center FACILITY, or jail shall 19,865
notify the appropriate department of youth services regional 19,866
office that the child has been arrested and shall provide to the 19,867
regional office or to an employee of the department of youth 19,869
services a copy of the arrest information pertaining to the 19,870
arrest.
(3) Nothing in this section limits the power to make an 19,873
arrest that is granted to specified peace officers under section 19,874
2935.03 of the Revised Code, to any person under section 2935.04 19,876
of the Revised Code, or to any other specified category of 19,877
458
persons by any other provision of the Revised Code, or the power 19,878
to take a child into custody that is granted pursuant to section 19,879
2151.31 of the Revised Code. 19,880
(E) If a child who is on supervised release or who is 19,883
under a period of early JUDICIAL release TO DEPARTMENT OF YOUTH 19,884
SERVICES SUPERVISION is arrested under an order of apprehension, 19,885
under a warrant, or without a warrant as described in division 19,886
(B)(1), (B)(2), or (C) of this section and taken into secure 19,890
custody, all of the following apply:
(1) If no motion to revoke the child's supervised release 19,893
or early JUDICIAL release has been filed within seventy-two hours 19,895
after the child is taken into secure custody, the juvenile court, 19,896
in making its determinations at a detention hearing as to whether 19,898
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 19,899
JUDICIAL release may be filed, may consider, in addition to all 19,903
other evidence and information considered, the circumstances of 19,904
the child's arrest and, if the arrest was pursuant to an order of 19,905
apprehension, the order and the application for the order. 19,906
(2) If no motion to revoke the child's supervised release 19,908
or early JUDICIAL release has been filed within seventy-two hours 19,911
after the child is taken into secure custody and if the child has 19,912
not otherwise been released prior to the expiration of that 19,913
seventy-two-hour period, the child shall be released upon the 19,914
expiration of that seventy-two-hour period. 19,915
(3) If the person is eighteen, nineteen, or twenty years 19,919
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 19,921
the person is under eighteen years of age, the person may be 19,923
confined in secure detention in the nearest juvenile detention 19,925
facility.
(4) If a motion to revoke the child's supervised release 19,927
or early JUDICIAL release is filed after the child has been taken 19,930
into secure custody and the court decides at the detention 19,931
459
hearing to release the child from secure custody, the court may 19,932
release the child on the same terms and conditions that are 19,933
currently in effect regarding the child's supervised release or 19,934
early JUDICIAL release, pending revocation or subsequent 19,936
modification. 19,937
(F) If a child who is on supervised release is arrested 19,940
under an order of apprehension, under a warrant, or without a 19,941
warrant as described in division (B)(1), (B)(2), or (C) of this 19,944
section and taken into secure custody, and if a motion to revoke 19,945
the child's supervised release is filed, the juvenile court of 19,946
the county in which the child is placed promptly shall schedule a 19,947
time for a hearing on whether the child violated any of the terms 19,949
and conditions of the supervised release. If a child is released
on supervised release and the juvenile court of the county in 19,951
which the child is placed otherwise has reason to believe that 19,952
the child has not complied with the terms and conditions of the 19,953
supervised release, the court of the county in which the child is 19,954
placed, in its discretion, may schedule a time for a hearing on 19,955
whether the child violated any of the terms and conditions of the 19,956
supervised release. If the court of the county in which the 19,957
child is placed on supervised release conducts a hearing and 19,958
determines at the hearing that the child did not violate any term 19,960
or condition of the child's supervised release, the child shall 19,961
be released from custody, if the child is in custody at that 19,962
time, and shall continue on supervised release under the terms 19,963
and conditions that were in effect at the time of the child's 19,964
arrest, subject to subsequent revocation or modification. If the 19,965
court of the county in which the child is placed on supervised 19,966
release conducts a hearing and determines at the hearing that the 19,967
child violated one or more of the terms and conditions of the 19,968
child's supervised release, the court, if it determines that the 19,969
violation was a serious violation, may revoke the child's 19,970
supervised release and order the child to be returned to the 19,971
department of youth services for institutionalization or, in any 19,972
460
case, may make any other disposition of the child authorized by 19,973
law that the court considers proper. If the court orders the 19,974
child to be returned to a department of youth services 19,975
institution, the child shall remain institutionalized for a 19,976
minimum period of thirty days, the department shall not reduce 19,977
the minimum thirty-day period of institutionalization for any 19,978
time that the child was held in secure custody subsequent to the 19,979
child's arrest and pending the revocation hearing and the child's 19,980
return to the department, the release authority, in its 19,981
discretion, may require the child to remain in 19,982
institutionalization for longer than the minimum thirty-day 19,983
period, and the child is not eligible for judicial release or
early release during the minimum thirty-day period of 19,984
institutionalization or any period of institutionalization in 19,985
excess of the minimum thirty-day period.
This division does not apply regarding a child who is under 19,987
a period of early JUDICIAL release TO DEPARTMENT OF YOUTH 19,988
SERVICES SUPERVISION. Division (D) of section 2151.38 2152.22 of 19,989
the Revised Code applies in relation to a child who is under a 19,991
period of early JUDICIAL release TO DEPARTMENT OF YOUTH SERVICES 19,992
SUPERVISION.
Sec. 5139.53. (A)(1) The director of youth services shall 20,002
designate certain employees of the department of youth services, 20,003
including regional administrators, as persons who are authorized, 20,004
in accordance with section 5139.52 of the Revised Code, to 20,006
execute an order of apprehension or a warrant for, or otherwise 20,007
to arrest, children in the custody of the department who are 20,009
violating or are alleged to have violated the terms and
conditions of supervised release or early JUDICIAL release TO 20,010
DEPARTMENT OF YOUTH SERVICES SUPERVISION. 20,011
(2) The director of youth services shall designate some of 20,013
the employees designated under division (A)(1) of this section as 20,015
employees authorized to carry a firearm issued by the department 20,016
while on duty for their protection in carrying out official
461
duties.
(B)(1) An employee of the department designated by the 20,018
director pursuant to division (A)(1) of this section as having 20,021
the authority to execute orders of apprehension or warrants and 20,022
to arrest children as described in that division shall not 20,023
undertake an arrest until the employee has successfully completed 20,024
training courses regarding the making of arrests by employees of 20,025
that nature that are developed in cooperation with and approved 20,026
by the executive director of the Ohio peace officer training 20,027
commission. The courses shall include, but shall not be limited 20,028
to, training in arrest tactics, defensive tactics, the use of 20,029
force, and response tactics. 20,030
(2) The director of youth services shall develop, and 20,033
shall submit to the governor for the governor's approval, a 20,034
deadly force policy for the department. The deadly force policy 20,035
shall require each employee who is designated under division 20,036
(A)(2) of this section to carry a firearm in the discharge of 20,038
official duties to receive training in the use of deadly force, 20,039
shall specify the number of hours and the general content of the 20,040
training in the use of deadly force that each of the designated 20,041
employees must receive, and shall specify the procedures that 20,042
must be followed after the use of deadly force by any of the 20,043
designated employees. Upon receipt of the policy developed by 20,044
the director under this division, the governor, in writing, 20,045
promptly shall approve or disapprove the policy. If the 20,046
governor, in writing, disapproves the policy, the director shall 20,047
develop and resubmit a new policy under this division, and no 20,048
employee shall be trained under the disapproved policy. If the 20,049
governor, in writing, approves the policy, the director shall 20,050
adopt it as a department policy and shall distribute it to each 20,051
employee designated under (A)(2) of this section to carry a 20,053
firearm in the discharge of official duties. An employee
designated by the director pursuant to division (A)(2) of this 20,055
section to carry a firearm in the discharge of official duties 20,056
462
shall not carry a firearm until the employee has successfully
completed both of the following: 20,057
(a) Training in the use of deadly force that comports with 20,060
the policy approved by the governor and developed and adopted by 20,061
the director under division (B)(2) of this section. The training 20,063
required by this division shall be conducted at a training school 20,064
approved by the Ohio peace officer training commission and shall 20,066
be in addition to the training described in divisions (B)(1) and 20,067
(2)(b) of this section that the employee must complete prior to 20,069
undertaking an arrest and separate from and independent of the 20,070
training required by division (B)(2)(b) of this section. 20,072
(b) A basic firearm training program that is conducted at 20,075
a training school approved by the Ohio peace officer training 20,076
commission and that is substantially similar to the basic firearm 20,077
training program for peace officers conducted at the Ohio peace 20,079
officer training academy and has received a certificate of 20,080
satisfactory completion of that program from the executive 20,081
director of the Ohio peace officer training commission. The 20,083
training described in this division that an employee must 20,084
complete prior to carrying a firearm shall be in addition to the 20,085
training described in division (B)(1) of this section that the 20,086
employee must complete prior to undertaking an arrest. 20,087
(C) After receipt of a certificate of satisfactory 20,090
completion of a basic firearm training program, to maintain the 20,091
right to carry a firearm in the discharge of official duties, an 20,092
employee authorized under this section to carry a firearm shall 20,093
successfully complete a firearms requalification program in 20,094
accordance with section 109.801 of the Revised Code.
(D) Each employee authorized to carry a firearm shall give 20,097
bond to the state to be approved by the clerk of the court of 20,098
common pleas in the county of that employee's residence. The 20,099
bond shall be in the sum of one thousand dollars, conditioned to 20,100
save the public harmless by reason of the unlawful use of a 20,101
firearm. A person injured or the family of a person killed by 20,102
463
the employee's improper use of a firearm may have recourse on the 20,103
bond.
(E) In addition to the deadly force policy adopted under 20,105
division (B)(2) of this section, the director of youth services 20,107
shall establish policies for the carrying and use of firearms by 20,108
the employees that the director designates under this section. 20,109
Sec. 5139.54. (A) Notwithstanding any other provision for 20,118
determining when a child shall be released or discharged from the 20,120
legal custody of the department of youth services, including 20,121
jurisdictional provisions in section 2151.38 2152.22 of the 20,122
Revised Code, the release authority, for medical reasons, may 20,124
release a child upon supervised release or discharge the child 20,125
from the custody of the department when any of the following 20,126
applies:
(1) The child is terminally ill or otherwise in imminent 20,129
danger of death.
(2) The child is incapacitated due to injury, disease, 20,131
illness, or other medical condition and is no longer a threat to 20,132
public safety. 20,133
(3) The child appears to be a mentally ill person subject 20,136
to hospitalization by court order, as defined in section 5122.01
of the Revised Code, or a mentally retarded person subject to 20,139
institutionalization by court order, as defined in section
5123.01 of the Revised Code. 20,140
(B) When considering whether to release or discharge a 20,143
child under this section for medical reasons, the release 20,145
authority may request additional medical information about the 20,146
child or may ask the department to conduct additional medical 20,147
examinations.
(C) The release authority shall determine the appropriate 20,150
level of supervised release for a child released under this 20,151
section. The terms and conditions of the release may require 20,152
periodic medical reevaluations as appropriate. Upon granting a 20,154
release or discharge under this section, the release authority
464
shall give notice of the release and its terms and conditions or 20,155
of the discharge to the court that committed the child to the 20,156
custody of the department. 20,157
(D) The release authority shall submit annually to the 20,160
director of youth services a report that includes all of the 20,161
following information for the previous calendar year: 20,162
(1) The number of children the release authority 20,164
considered for medical release or discharge; 20,165
(2) The nature of the injury, disease, illness, or other 20,167
medical condition of each child considered for medical release or 20,168
discharge; 20,169
(3) The decision made by the release authority for each 20,171
child, including the reasons for denying medical release or 20,172
discharge or for granting it; 20,173
(4) The number of children on medical release who were 20,175
returned to a secure facility or whose supervised release was 20,176
revoked. 20,177
Sec. 5139.55. (A)(1) The office of victims' services is 20,187
hereby created within THE RELEASE AUTHORITY OF the department of 20,188
youth services. The office of victims' services shall provide 20,190
assistance to victims, victims' representatives, and members of a 20,191
victim's family. The assistance shall include, but shall not be 20,192
limited to, all of the following: 20,193
(a) If the court has provided the name and address of the 20,196
victims of the child's acts to the department of youth services, 20,197
notification that the child has been committed to the department, 20,198
notification of the right of the victim or another authorized 20,199
person to designate a person as a victim's representative under 20,201
section 5139.56 of the Revised Code and of the actions that must 20,203
be taken to make that designation, and notification of the right 20,204
to be notified of release reviews, pending release hearings, 20,205
revocation reviews, and discharge reviews related to that child 20,206
and of the right to participate in release proceedings under that 20,207
section and of the actions that must be taken to exercise those 20,208
465
rights;
(b) The provision of information about the policies and 20,211
procedures of the department of youth services and the status of
children in the legal custody of the department. 20,212
(2) The office shall make available information to assist 20,215
victims of delinquent children on supervised release or in a 20,218
secure facility.
(B) The office of victims' services shall employ a victims 20,221
coordinator ADMINISTRATOR who shall administer the duties of the 20,223
office. The victims coordinator ADMINISTRATOR shall be in the 20,225
unclassified civil service and a managing officer of the 20,226
department. The office shall employ other staff members to 20,227
assist the members of the release authority and hearing 20,228
representatives in identifying victims' issues, ensure that the 20,229
release authority upholds the provisions of section 5139.56 of 20,230
the Revised Code, and make recommendations to the release 20,231
authority in accordance with policies adopted by the department. 20,232
(C) The office of victims' services shall coordinate its 20,235
activities with the chairperson of the release authority. The 20,236
victims coordinator ADMINISTRATOR and other employees of the 20,238
office shall have full access to the records of children in the 20,239
legal custody of the department in accordance with division (D) 20,240
of section 5139.05 of the Revised Code.
Sec. 5705.01. As used in this chapter: 20,249
(A) "Subdivision" means any county; municipal corporation; 20,251
township; township police district; township fire district; joint 20,252
fire district; joint ambulance district; joint emergency medical 20,253
services district; fire and ambulance district; joint recreation 20,254
district; township waste disposal district; township road 20,255
district; community college district; technical college district; 20,256
detention home FACILITY district; a district organized under 20,257
section 2151.65 of the Revised Code; a combined district 20,259
organized under sections 2151.34 2152.41 and 2151.65 of the 20,260
Revised Code; a joint-county alcohol, drug addiction, and mental 20,262
466
health service district; a drainage improvement district created 20,263
under section 6131.52 of the Revised Code; a union cemetery 20,264
district; a county school financing district; or a city, local, 20,265
exempted village, cooperative education, or joint vocational 20,266
school district.
(B) "Municipal corporation" means all municipal 20,268
corporations, including those that have adopted a charter under 20,269
Article XVIII, Ohio Constitution. 20,270
(C) "Taxing authority" or "bond issuing authority" means, 20,272
in the case of any county, the board of county commissioners; in 20,273
the case of a municipal corporation, the council or other 20,274
legislative authority of the municipal corporation; in the case 20,275
of a city, local, exempted village, cooperative education, or 20,276
joint vocational school district, the board of education; in the 20,277
case of a community college district, the board of trustees of 20,278
the district; in the case of a technical college district, the 20,279
board of trustees of the district; in the case of a detention 20,280
home FACILITY district, a district organized under section 20,281
2151.65 of the Revised Code, or a combined district organized 20,283
under sections 2151.34 2152.41 and 2151.65 of the Revised Code, 20,284
the joint board of county commissioners of the district; in the 20,286
case of a township, the board of township trustees; in the case 20,287
of a joint fire district, the board of fire district trustees; in 20,288
the case of a joint recreation district, the joint recreation 20,289
district board of trustees; in the case of a joint-county 20,290
alcohol, drug addiction, and mental health service district, the 20,291
district's board of alcohol, drug addiction, and mental health 20,292
services; in the case of a joint ambulance district or a fire and 20,293
ambulance district, the board of trustees of the district; in the 20,295
case of a union cemetery district, the legislative authority of 20,296
the municipal corporation and the board of township trustees, 20,297
acting jointly as described in section 759.341 of the Revised 20,298
Code; in the case of a drainage improvement district, the board 20,299
of county commissioners of the county in which the drainage 20,300
467
district is located; in the case of a joint emergency medical 20,301
services district, the joint board of county commissioners of all 20,302
counties in which all or any part of the district lies; and in
the case of a township police district, a township fire district, 20,303
a township road district, or a township waste disposal district, 20,304
the board of township trustees of the township in which the 20,305
district is located. "Taxing authority" also means the 20,306
educational service center governing board that serves as the 20,308
taxing authority of a county school financing district as 20,309
provided in section 3311.50 of the Revised Code. 20,310
(D) "Fiscal officer" in the case of a county, means the 20,312
county auditor; in the case of a municipal corporation, the city 20,313
auditor or village clerk, or such officer as, by virtue of the 20,314
charter, has the duties and functions of the city auditor or 20,315
village clerk, except that in the case of a municipal university 20,316
the board of directors of which have assumed, in the manner 20,317
provided by law, the custody and control of the funds of the 20,318
university, the chief accounting officer of the university shall 20,319
perform, with respect to the funds, the duties vested in the 20,320
fiscal officer of the subdivision by sections 5705.41 and 5705.44 20,321
of the Revised Code; in the case of a school district, the 20,322
treasurer of the board of education; in the case of a county 20,323
school financing district, the treasurer of the educational 20,324
service center governing board that serves as the taxing 20,326
authority; in the case of a township, the township clerk; in the 20,327
case of a joint fire district, the clerk of the board of fire 20,328
district trustees; in the case of a joint ambulance district, the 20,329
clerk of the board of trustees of the district; in the case of a 20,330
joint emergency medical services district, the person appointed 20,331
as fiscal officer pursuant to division (D) of section 307.053 of 20,332
the Revised Code; in the case of a fire and ambulance district, 20,333
the person appointed as fiscal officer pursuant to division (B)
of section 505.375 of the Revised Code; in the case of a joint 20,334
recreation district, the person designated pursuant to section 20,335
468
755.15 of the Revised Code; in the case of a union cemetery 20,336
district, the clerk of the municipal corporation designated in 20,337
section 759.34 of the Revised Code; in the case of a children's 20,338
home district, educational service center, general health 20,341
district, joint-county alcohol, drug addiction, and mental health 20,342
service district, county library district, detention home
FACILITY district, district organized under section 2151.65 of 20,344
the Revised Code, a combined district organized under sections 20,345
2151.34 2152.41 and 2151.65 of the Revised Code, or a 20,347
metropolitan park district for which no treasurer has been 20,348
appointed pursuant to section 1545.07 of the Revised Code, the 20,349
county auditor of the county designated by law to act as the 20,350
auditor of the district; in the case of a metropolitan park 20,351
district which has appointed a treasurer pursuant to section 20,352
1545.07 of the Revised Code, that treasurer; in the case of a 20,353
drainage improvement district, the auditor of the county in which 20,354
the drainage improvement district is located; and in all other 20,355
cases, the officer responsible for keeping the appropriation 20,356
accounts and drawing warrants for the expenditure of the moneys 20,357
of the district or taxing unit.
(E) "Permanent improvement" or "improvement" means any 20,359
property, asset, or improvement with an estimated life or 20,360
usefulness of five years or more, including land and interests 20,361
therein, and reconstructions, enlargements, and extensions 20,362
thereof having an estimated life or usefulness of five years or 20,363
more. 20,364
(F) "Current operating expenses" and "current expenses" 20,366
mean the lawful expenditures of a subdivision, except those for 20,367
permanent improvements, and except payments for interest, sinking 20,368
fund, and retirement of bonds, notes, and certificates of 20,369
indebtedness of the subdivision. 20,370
(G) "Debt charges" means interest, sinking fund, and 20,372
retirement charges on bonds, notes, or certificates of 20,373
indebtedness. 20,374
469
(H) "Taxing unit" means any subdivision or other 20,376
governmental district having authority to levy taxes on the 20,377
property in the district or issue bonds that constitute a charge 20,378
against the property of the district, including conservancy 20,379
districts, metropolitan park districts, sanitary districts, road 20,380
districts, and other districts. 20,381
(I) "District authority" means any board of directors, 20,383
trustees, commissioners, or other officers controlling a district 20,384
institution or activity that derives its income or funds from two 20,385
or more subdivisions, such as the educational service center, the 20,387
trustees of district children's homes, the district board of 20,389
health, a joint-county alcohol, drug addiction, and mental health 20,390
service district's board of alcohol, drug addiction, and mental 20,391
health services, detention home FACILITY districts, a joint 20,392
recreation district board of trustees, districts organized under 20,394
section 2151.65 of the Revised Code, combined districts organized 20,395
under sections 2151.34 2152.41 and 2151.65 of the Revised Code, 20,396
and other such boards.
(J) "Tax list" and "tax duplicate" mean the general tax 20,398
lists and duplicates prescribed by sections 319.28 and 319.29 of 20,399
the Revised Code. 20,400
(K) "Property" as applied to a tax levy means taxable 20,402
property listed on general tax lists and duplicates. 20,403
(L) "School library district" means a school district in 20,405
which a free public library has been established that is under 20,406
the control and management of a board of library trustees as 20,407
provided in section 3375.15 of the Revised Code. 20,408
Sec. 5705.19. This section does not apply to school 20,418
districts or county school financing districts. 20,419
The taxing authority of any subdivision at any time and in 20,421
any year, by vote of two-thirds of all the members of the taxing 20,422
authority, may declare by resolution and certify the resolution 20,423
to the board of elections not less than seventy-five days before 20,424
the election upon which it will be voted that the amount of taxes 20,425
470
that may be raised within the ten-mill limitation will be 20,426
insufficient to provide for the necessary requirements of the 20,427
subdivision and that it is necessary to levy a tax in excess of 20,428
that limitation for any of the following purposes: 20,429
(A) For current expenses of the subdivision, except that 20,431
the total levy for current expenses of a detention home FACILITY 20,432
district or district organized under section 2151.65 of the 20,434
Revised Code shall not exceed two mills and that the total levy 20,435
for current expenses of a combined district organized under 20,436
sections 2151.34 2152.41 and 2151.65 of the Revised Code shall 20,438
not exceed four mills;
(B) For the payment of debt charges on certain described 20,440
bonds, notes, or certificates of indebtedness of the subdivision 20,441
issued subsequent to January 1, 1925; 20,442
(C) For the debt charges on all bonds, notes, and 20,444
certificates of indebtedness issued and authorized to be issued 20,445
prior to January 1, 1925; 20,446
(D) For a public library of, or supported by, the 20,448
subdivision under whatever law organized or authorized to be 20,449
supported; 20,450
(E) For a municipal university, not to exceed two mills 20,452
over the limitation of one mill prescribed in section 3349.13 of 20,453
the Revised Code; 20,454
(F) For the construction or acquisition of any specific 20,456
permanent improvement or class of improvements that the taxing 20,457
authority of the subdivision may include in a single bond issue; 20,458
(G) For the general construction, reconstruction, 20,460
resurfacing, and repair of streets, roads, and bridges in 20,461
municipal corporations, counties, or townships; 20,462
(H) For recreational purposes; 20,464
(I) For the purpose of providing and maintaining fire 20,466
apparatus, appliances, buildings, or sites therefor, or sources 20,467
of water supply and materials therefor, or the establishment and 20,468
maintenance of lines of fire alarm telegraph, or the payment of 20,469
471
permanent, part-time, or volunteer firefighters or firefighting 20,471
companies to operate the same, including the payment of the 20,472
firefighter employers' contribution required under section 742.34 20,475
of the Revised Code, or the purchase of ambulance equipment, or 20,477
the provision of ambulance, paramedic, or other emergency medical 20,478
services operated by a fire department or firefighting company; 20,480
(J) For the purpose of providing and maintaining motor 20,482
vehicles, communications, and other equipment used directly in 20,483
the operation of a police department, or the payment of salaries 20,484
of permanent police personnel, including the payment of the 20,485
police officer employers' contribution required under section 20,487
742.33 of the Revised Code, or the payment of the costs incurred 20,488
by townships as a result of contracts made with other political 20,489
subdivisions in order to obtain police protection, or the 20,490
provision of ambulance or emergency medical services operated by 20,491
a police department; 20,492
(K) For the maintenance and operation of a county home OR 20,494
DETENTION FACILITY; 20,495
(L) For community mental retardation and developmental 20,497
disabilities programs and services pursuant to Chapter 5126. of 20,498
the Revised Code, except that the procedure for such levies shall 20,499
be as provided in section 5705.222 of the Revised Code; 20,500
(M) For regional planning; 20,502
(N) For a county's share of the cost of maintaining and 20,504
operating schools, district detention homes FACILITIES, forestry 20,505
camps, or other facilities, or any combination thereof, 20,507
established under section 2151.34 2152.41 or 2151.65 of the 20,508
Revised Code or both of those sections; 20,510
(O) For providing for flood defense, providing and 20,512
maintaining a flood wall or pumps, and other purposes to prevent 20,513
floods; 20,514
(P) For maintaining and operating sewage disposal plants 20,516
and facilities; 20,517
(Q) For the purpose of purchasing, acquiring, 20,519
472
constructing, enlarging, improving, equipping, repairing, 20,520
maintaining, or operating, or any combination of the foregoing, a 20,521
county transit system pursuant to sections 306.01 to 306.13 of 20,522
the Revised Code, or of making any payment to a board of county 20,524
commissioners operating a transit system or a county transit 20,525
board pursuant to section 306.06 of the Revised Code; 20,526
(R) For the subdivision's share of the cost of acquiring 20,528
or constructing any schools, forestry camps, detention homes 20,529
FACILITIES, or other facilities, or any combination thereof, 20,531
under section 2151.34 2152.41 or 2151.65 of the Revised Code or 20,532
both of those sections; 20,533
(S) For the prevention, control, and abatement of air 20,535
pollution; 20,536
(T) For maintaining and operating cemeteries; 20,538
(U) For providing ambulance service, emergency medical 20,540
service, or both; 20,541
(V) For providing for the collection and disposal of 20,543
garbage or refuse, including yard waste; 20,544
(W) For the payment of the police officer employers' 20,547
contribution or the firefighter employers' contribution required 20,550
under sections 742.33 and 742.34 of the Revised Code; 20,551
(X) For the construction and maintenance of a drainage 20,553
improvement pursuant to section 6131.52 of the Revised Code; 20,554
(Y) For providing or maintaining senior citizens services 20,556
or facilities as authorized by section 307.694, 307.85, 505.70, 20,557
or 505.706 or division (EE) of section 717.01 of the Revised 20,558
Code;
(Z) For the provision and maintenance of zoological park 20,560
services and facilities as authorized under section 307.76 of the 20,561
Revised Code; 20,562
(AA) For the maintenance and operation of a free public 20,564
museum of art, science, or history; 20,565
(BB) For the establishment and operation of a 9-1-1 20,567
system, as defined in section 4931.40 of the Revised Code; 20,568
473
(CC) For the purpose of acquiring, rehabilitating, or 20,570
developing rail property or rail service. As used in this 20,571
division, "rail property" and "rail service" have the same 20,572
meanings as in section 4981.01 of the Revised Code. This 20,573
division applies only to a county, township, or municipal 20,574
corporation. 20,575
(DD) For the purpose of acquiring property for, 20,577
constructing, operating, and maintaining community centers as 20,578
provided for in section 755.16 of the Revised Code; 20,579
(EE) For the creation and operation of an office or joint 20,581
office of economic development, for any economic development 20,582
purpose of the office, and to otherwise provide for the 20,583
establishment and operation of a program of economic development 20,584
pursuant to sections 307.07 and 307.64 of the Revised Code; 20,585
(FF) For the purpose of acquiring, establishing, 20,587
constructing, improving, equipping, maintaining, or operating, or 20,588
any combination of the foregoing, a township airport, landing 20,589
field, or other air navigation facility pursuant to section 20,590
505.15 of the Revised Code; 20,591
(GG) For the payment of costs incurred by a township as a 20,593
result of a contract made with a county pursuant to section 20,594
505.263 of the Revised Code in order to pay all or any part of 20,595
the cost of constructing, maintaining, repairing, or operating a 20,596
water supply improvement; 20,597
(HH) For a board of township trustees to acquire, other 20,599
than by appropriation, an ownership interest in land, water, or 20,600
wetlands, or to restore or maintain land, water, or wetlands in 20,601
which the board has an ownership interest, not for purposes of 20,603
recreation, but for the purposes of protecting and preserving the 20,604
natural, scenic, open, or wooded condition of the land, water, or 20,605
wetlands against modification or encroachment resulting from 20,606
occupation, development, or other use, which may be styled as 20,607
protecting or preserving "greenspace" in the resolution, notice 20,608
of election, or ballot form; 20,609
474
(II) For the support by a county of a crime victim 20,611
assistance program that is provided and maintained by a county 20,612
agency or a private, nonprofit corporation or association under 20,613
section 307.62 of the Revised Code; 20,614
(JJ) For any or all of the purposes set forth in divisions 20,616
(I) and (J) of this section. This division applies only to a 20,617
township. 20,618
(KK) For a countywide public safety communications system 20,620
under section 307.63 of the Revised Code. This division applies 20,621
only to counties. 20,622
(LL) For the support by a county of criminal justice 20,624
services under section 307.45 of the Revised Code; 20,625
(MM) For the purpose of maintaining and operating a jail 20,627
or other detention facility as defined in section 2921.01 of the 20,628
Revised Code; 20,629
(NN) For purchasing, maintaining, or improving, or any 20,631
combination of the foregoing, real estate on which to hold 20,632
agricultural fairs. This division applies only to a county. 20,633
(OO) For constructing, rehabilitating, repairing, or 20,635
maintaining sidewalks, walkways, trails, bicycle pathways, or 20,636
similar improvements, or acquiring ownership interests in land 20,637
necessary for the foregoing improvements, by a board of township 20,638
trustees;
(PP) For both of the purposes set forth in divisions (G) 20,640
and (OO) of this section. This division applies only to a 20,641
township.
(QQ) For both of the purposes set forth in divisions (H) 20,643
and (HH) of this section. This division applies only to a 20,644
township.
(RR) For the legislative authority of a municipal 20,646
corporation, board of county commissioners of a county, or board 20,647
of township trustees of a township to acquire agricultural 20,648
easements, as defined in section 5301.67 of the Revised Code, and 20,650
to supervise and enforce the easements. 20,651
475
The resolution shall be confined to the purpose or purposes 20,654
described in one division of this section, to which the revenue 20,655
derived therefrom shall be applied. The existence in any other 20,656
division of this section of authority to levy a tax for any part 20,657
or all of the same purpose or purposes does not preclude the use 20,658
of such revenues for any part of the purpose or purposes of the 20,659
division under which the resolution is adopted. 20,660
The resolution shall specify the amount of the increase in 20,662
rate that it is necessary to levy, the purpose of that increase 20,664
in rate, and the number of years during which the increase in 20,665
rate shall be in effect, which may or may not include a levy upon 20,666
the duplicate of the current year. The number of years may be 20,667
any number not exceeding five, except as follows: 20,668
(1) When the additional rate is for the payment of debt 20,670
charges, the increased rate shall be for the life of the 20,671
indebtedness. 20,672
(2) When the additional rate is for any of the following, 20,674
the increased rate shall be for a continuing period of time: 20,675
(a) For the current expenses for a detention home FACILITY 20,677
district, a district organized under section 2151.65 of the 20,678
Revised Code, or a combined district organized under sections 20,679
2151.34 2152.41 and 2151.65 of the Revised Code; 20,680
(b) For providing a county's share of the cost of 20,682
maintaining and operating schools, district detention homes 20,683
FACILITIES, forestry camps, or other facilities, or any 20,684
combination thereof, established under section 2151.34 2152.41 or 20,686
2151.65 of the Revised Code or under both of those sections. 20,688
(3) When the additional rate is for any of the following, 20,690
the increased rate may be for a continuing period of time: 20,691
(a) For the purposes set forth in division (I), (J), (U), 20,693
or (KK) of this section; 20,694
(b) For the maintenance and operation of a joint 20,696
recreation district; 20,697
(c) A levy imposed by a township for the purposes set 20,699
476
forth in division (G) of this section. 20,700
(4) When the increase is for the purpose set forth in 20,702
division (D) or (CC) of this section or for both of the purposes 20,703
set forth in divisions (G) and (OO) of this section, the tax levy 20,704
may be for any specified number of years or for a continuing 20,706
period of time, as set forth in the resolution. 20,707
(5) When the additional rate is for the purpose described 20,709
in division (Z) of this section, the increased rate shall be for 20,710
any number of years not exceeding ten. 20,711
A levy for the purposes set forth in division (I), (J), or 20,713
(U) of this section, and a levy imposed by a township for the 20,714
purposes set forth in division (G) of this section, may be 20,715
reduced pursuant to section 5705.261 or 5705.31 of the Revised 20,716
Code. A levy for the purposes set forth in division (I), (J), or 20,717
(U) of this section, and a levy imposed by a township for the 20,718
purposes set forth in division (G) of this section, may also be 20,719
terminated or permanently reduced by the taxing authority if it 20,720
adopts a resolution stating that the continuance of the levy is 20,721
unnecessary and the levy shall be terminated or that the millage 20,722
is excessive and the levy shall be decreased by a designated 20,723
amount. 20,724
A resolution of a detention home FACILITY district, a 20,726
district organized under section 2151.65 of the Revised Code, or 20,727
a combined district organized under both sections 2151.34 2152.41 20,729
and 2151.65 of the Revised Code may include both current expenses 20,730
and other purposes, provided that the resolution shall apportion 20,731
the annual rate of levy between the current expenses and the 20,732
other purpose or purposes. The apportionment need not be the 20,733
same for each year of the levy, but the respective portions of 20,734
the rate actually levied each year for the current expenses and 20,735
the other purpose or purposes shall be limited by the 20,736
apportionment.
Whenever a board of county commissioners, acting either as 20,738
the taxing authority of its county or as the taxing authority of 20,739
477
a sewer district or subdistrict created under Chapter 6117. of 20,740
the Revised Code, by resolution declares it necessary to levy a 20,741
tax in excess of the ten-mill limitation for the purpose of 20,742
constructing, improving, or extending sewage disposal plants or 20,743
sewage systems, the tax may be in effect for any number of years 20,744
not exceeding twenty, and the proceeds of the tax, 20,745
notwithstanding the general provisions of this section, may be 20,747
used to pay debt charges on any obligations issued and 20,748
outstanding on behalf of the subdivision for the purposes 20,749
enumerated in this paragraph, provided that any such obligations 20,750
have been specifically described in the resolution. 20,751
The resolution shall go into immediate effect upon its 20,753
passage, and no publication of the resolution is necessary other 20,754
than that provided for in the notice of election. 20,755
When the electors of a subdivision have approved a tax levy 20,757
under this section, the taxing authority of the subdivision may 20,758
anticipate a fraction of the proceeds of the levy and issue 20,759
anticipation notes in accordance with section 5705.191 or 20,760
5705.193 of the Revised Code. 20,761
Section 4. That existing sections 109.42, 109.54, 109.573, 20,763
133.01, 181.22, 307.02, 307.022, 329.05, 2151.01, 2151.011, 20,765
2151.022, 2151.07, 2151.08, 2151.10, 2151.11, 2151.12, 2151.14, 20,766
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, 20,767
2151.313, 2151.314, 2151.315, 2151.34, 2151.341, 2151.343, 20,768
2151.35, 2151.352, 2151.354, 2151.356, 2151.357, 2151.358, 20,769
2151.359, 2151.3510, 2151.3511, 2151.36, 2151.38, 2151.47, 20,771
2151.62, 2151.65, 2151.651, 2151.652, 2151.655, 2151.78, 2151.79, 20,772
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, 20,773
2923.44, 2923.45, 2925.42, 2925.43, 2929.01, 2929.12, 2929.23, 20,774
2930.12, 2930.13, 2938.02, 2941.141, 2941.142, 2941.144, 20,775
2941.145, 2941.146, 3109.41, 3301.121, 3313.66, 3321.19, 3321.22, 20,776
3730.07, 3730.99, 4109.08, 5103.03, 5120.16, 5120.172, 5139.01, 20,778
478
5139.02, 5139.04, 5139.05, 5139.06, 5139.07, 5139.11, 5139.18, 20,779
5139.191, 5139.20, 5139.27, 5139.271, 5139.281, 5139.29, 5139.31, 20,780
5139.32, 5139.35, 5139.41, 5139.50, 5139.51, 5139.52, 5139.53, 20,781
5139.54, 5139.55, 5705.01, and 5705.19 and sections 2151.02, 20,782
2151.021, 2151.342, 2151.344, 2151.345, 2151.346, 2151.347, 20,783
2151.348, 2151.349, 2151.3410, 2151.3411, 2151.3412, 2151.3413, 20,784
2151.3414, 2151.3415, 2151.3416, 2151.355, 2151.3512, 2151.411, 20,785
2151.45, 2151.46, 2151.48, 2151.51, and 5139.24 of the Revised 20,786
Code are hereby repealed.
Section 5. Sections 3 and 4 of this act shall take effect 20,788
on January 1, 2002.
Section 6. The General Assembly hereby encourages the 20,790
Supreme Court to amend the Juvenile Rules to be consistent with 20,791
the changes in the Juvenile Laws pertaining to delinquent 20,792
children, particularly the laws relating to serious youthful 20,793
offender dispositional sentences. 20,794
The General Assembly hereby encourages the Supreme Court to 20,796
amend Rule 29(C) to permit "no contest" pleas in juvenile traffic 20,797
offender and non-traffic cases with the consent of the juvenile 20,798
court in a manner similar to Criminal Rule 11. Children paying 20,799
fines to juvenile traffic violations bureaus should be required 20,800
to admit guilt, with parental knowledge. 20,801
The General Assembly hereby encourages the Supreme Court to 20,804
amend the Rules for the Government of the Judiciary of Ohio or 20,805
other appropriate rules, or to take other appropriate action, to 20,806
encourage cooperation between divisions of the courts of common 20,807
pleas to better implement this act, including, but not limited 20,808
to, the provisions of this act authorizing, in specified
circumstances, jury trials in juvenile courts. 20,809
Section 7. The General Assembly hereby encourages the 20,811
Supreme Court to make the following amendments to the Traffic 20,813
Rules:
(A) Amend Traffic Rule 2 to exclude juvenile courts from 20,815
the definition of "court"; 20,816
479
(B) Amend Traffic Rule 13 to authorize juvenile courts to 20,818
create violations bureaus for the payment of tickets that involve 20,819
first offense minor misdemeanor traffic offenses that did not 20,820
result in an accident.
Section 8. The General Assembly hereby encourages the 20,823
Supreme Court to take appropriate action to collect data from 20,824
each juvenile court in this state on both the number of alleged 20,825
delinquent children for whom a serious youthful offender 20,826
dispositional sentence is sought pursuant to section 2152.13 of 20,827
the Revised Code and the number of jury trials held in the 20,828
juvenile courts annually as a result of serious youthful offender 20,829
dispositional sentences being sought for alleged delinquent 20,830
children, and to prepare and submit to the General Assembly a 20,831
report containing the data so collected.
Section 9. The Governor's Council on Juvenile Justice 20,833
shall conduct, or cause to be conducted, an evaluation of the 20,834
racial composition of delinquent children committed to the 20,835
Department of Youth Services. The evaluation shall focus on the 20,836
changes to the Revised Code made by this act as related to recent 20,837
sentencing trends for delinquent children. The evaluation shall 20,838
consider the composition of the institutional population of the 20,839
Department from the establishment of the RECLAIM Ohio program 20,840
through four years after the effective date of Sections 3 and 4 20,841
of this act. After concluding the evaluation, the Council shall 20,843
submit a report detailing the results of the evaluation to the 20,844
Governor, the Speaker of the House of Representatives, the 20,845
Minority Leader of the House of Representatives, the President of 20,846
the Senate, the Minority Leader of the Senate, the Chairperson of 20,847
the Legislative Black Caucus, and the Director of the Department 20,848
of Youth Services.
Section 10. The General Assembly hereby states its 20,850
intention to do the following in the remainder of the 123rd 20,851
General Assembly and in the 124th General Assembly: 20,852
(A) Address the issue of competency in juvenile 20,854
480
proceedings and its various aspects; 20,855
(B) Review and continue to support the RECLAIM Ohio 20,857
program and the alternative schools program; 20,858
(C) Review and address the anticipated costs of 20,860
implementing this act. 20,861
Section 11. Section 2151.011 of the Revised Code is 20,863
presented in this act as a composite of the section as amended by 20,864
Sub. H.B. 332, Sub. H.B. 448, and Am. Sub. S.B. 181, all of the 20,865
123rd General Assembly, with the new language of none of the acts 20,867
shown in capital letters. Section 2151.23 of the Revised Code is 20,868
presented in this act as a composite of the section as amended by 20,869
both Sub. H.B. 583 and Am. Sub. S.B. 181 of the 123rd General 20,870
Assembly, with the new language of neither of the acts shown in 20,871
capital letters. Section 2151.31 of the Revised Code is 20,872
presented in this act as a composite of the section as amended by 20,873
both Am. Sub. H.B. 3 and Sub. H.B. 176 of the 123rd General 20,874
Assembly, with the new language of neither of the acts shown in 20,875
capital letters. Section 2151.312 of the Revised Code is 20,876
presented in this act as a composite of the section as amended by 20,877
Sub. H.B. 332, Sub. H.B. 448, and Am. Sub. S.B. 181, all of the 20,878
123rd General Assembly, with the new language of none of the acts 20,879
shown in capital letters. Section 2923.36 of the Revised Code is 20,880
presented in this act as a composite of the section as amended by 20,881
both Sub. H.B. 266 and Sub. H.B. 506 of the 118th General 20,882
Assembly, with the new language of neither of the acts shown in 20,884
capital letters. Section 2929.01 of the Revised Code is 20,885
presented in this act as a composite of the section as amended by 20,886
Am. Sub. H.B. 349, Am. S.B. 9, Am. Sub. S.B. 22, and Am. Sub. 20,887
S.B. 107 of the 123rd General Assembly, with the new language of 20,889
none of the acts shown in capital letters. Section 2929.12 of 20,890
the Revised Code is presented in this act as a composite of the 20,891
section as amended by both Am. S.B. 9 and Am. Sub. S.B. 107 of 20,892
the 123rd General Assembly, with the new language of neither of 20,893
the acts shown in capital letters. Section 5139.07 of the 20,894
481
Revised Code is presented in this act as a composite of the 20,896
section as amended by both Am. Sub. H.B. 1 and Am. Sub. H.B. 215 20,897
of the 122nd General Assembly, with the new language of neither 20,899
of the acts shown in capital letters. This is in recognition of 20,900
the principle stated in division (B) of section 1.52 of the 20,901
Revised Code that such amendments are to be harmonized where not 20,902
substantively irreconcilable and constitutes a legislative 20,903
finding that such is the resulting version in effect prior to the 20,904
effective date of this act.