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           

                                                          2      


                                                                 
                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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
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          

                                                          6      


                                                                 
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          

                                                          7      


                                                                 
      (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.