To amend sections 2151.35 and 2945.17 of the Revised Code to remove the right to jury trial for an adult in a truancy case filed jointly against a truant child and the parent, guardian, or other person having care of the child and to amend sections 109.42, 109.54, 109.573, 133.01, 181.22, 307.02, 307.022, 329.05, 2151.01, 2151.011, 2151.022, 2151.07, 2151.08, 2151.10, 2151.11, 2151.12, 2151.14, 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, 2151.313, 2151.314, 2151.315, 2151.34, 2151.341, 2151.343, 2151.35, 2151.352, 2151.354, 2151.356, 2151.357, 2151.358, 2151.359, 2151.3510, 2151.3511, 2151.36, 2151.38, 2151.62, 2151.65, 2151.651, 2151.652, 2151.655, 2151.78, 2151.79, 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, 2923.44, 2923.45, 2925.42, 2925.43, 2929.01, 2929.12, 2929.23, 2930.12, 2930.13, 2938.02, 2941.141, 2941.142, 2941.144, 2941.145, 2941.146, 3109.41, 3301.121, 3313.66, 3321.19, 3321.22, 3730.07, 3730.99, 4109.08, 5103.03, 5120.16, 5120.172, 5139.01, 5139.02, 5139.04, 5139.05, 5139.06, 5139.07, 5139.11, 5139.18, 5139.191, 5139.20, 5139.27, 5139.271, 5139.281, 5139.29, 5139.31, 5139.32, 5139.35, 5139.41, 5139.50, 5139.51, 5139.52, 5139.53, 5139.54, 5139.55, 5705.01, and 5705.19; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 2151.11 (2152.73), 2151.18 (2152.71), 2151.25 (2152.03), 2151.26 (2152.12), 2151.312 (2152.26), 2151.315 (2152.74), 2151.34 (2152.41), 2151.341 (2152.43), 2151.343 (2152.44), 2151.356 (2152.21), 2151.3511 (2152.81), 2151.47 (2152.67), and 2151.62 (2152.72); to enact new sections 2151.18 and 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, 2152.19, 2152.20, 2152.22, 2152.42, 2152.61, and 2152.99; and to repeal sections 2151.02, 2151.021, 2151.342, 2151.344, 2151.345, 2151.346, 2151.347, 2151.348, 2151.349, 2151.3410, 2151.3411, 2151.3412, 2151.3413, 2151.3414, 2151.3415, 2151.3416, 2151.355, 2151.3512, 2151.411, 2151.45, 2151.46, 2151.48, 2151.51, and 5139.24 of the Revised Code effective January 1, 2002, to implement, with modifications, the recommendations of the Criminal Sentencing Commission pertaining to juvenile offender transfers of alleged delinquent children to criminal court for prosecution, dispositions of delinquent children and juvenile traffic offenders, and other changes to the Juvenile Court Law and the Juvenile Code.
SECTION 1 . That sections 2151.35 and 2945.17 of the Revised Code be amended to read as follows:
Sec. 2151.35. (A)(1) The juvenile court may conduct its hearings in an informal manner and may adjourn its hearings from time to time. In the hearing of any case, the general public may be excluded and only those persons admitted who have a direct interest in the case.
Except cases involving children who are alleged to be unruly
or delinquent children for being habitual or chronic truants, all cases
involving children shall be heard separately and
apart from the trial of cases against adults. The court may
excuse the attendance of the child at the hearing in cases
involving abused, neglected, or dependent children. The court
shall hear and determine all cases of children without a jury,
except that section 2151.47 of the
Revised Code shall apply in cases
involving a complaint that jointly alleges that a child is an unruly or
delinquent child for being an habitual or chronic truant
and that a parent, guardian, or
other person having care of the child failed to cause the
child's attendance at school.
If a complaint alleges a child to be a delinquent child, unruly child, or juvenile traffic offender, the court shall require the parent, guardian, or custodian of the child to attend all proceedings of the court regarding the child. If a parent, guardian, or custodian fails to so attend, the court may find the parent, guardian, or custodian in contempt.
If the court at the adjudicatory hearing finds from clear and convincing evidence that the child is an abused, neglected, or dependent child, the court shall proceed, in accordance with division (B) of this section, to hold a dispositional hearing and hear the evidence as to the proper disposition to be made under section 2151.353 of the Revised Code. If the court at the adjudicatory hearing finds beyond a reasonable doubt that the child is a delinquent or unruly child or a juvenile traffic offender, the court shall proceed immediately, or at a postponed hearing, to hear the evidence as to the proper disposition to be made under sections 2151.352 to 2151.355 of the Revised Code. If the court at the adjudicatory hearing finds beyond a reasonable doubt that the child is an unruly child for being an habitual truant, or that the child is an unruly child for being an habitual truant and that the parent, guardian, or other person having care of the child has failed to cause the child's attendance at school in violation of section 3321.38 of the Revised Code, the court shall proceed to hold a hearing to hear the evidence as to the proper disposition to be made in regard to the child under division (C)(1) of section 2151.354 of the Revised Code and the proper action to take in regard to the parent, guardian, or other person having care of the child under division (C)(2) of section 2151.354 of the Revised Code. If the court at the adjudicatory hearing finds beyond a reasonable doubt that the child is a delinquent child for being a chronic truant or for being an habitual truant who previously has been adjudicated an unruly child for being an habitual truant, or that the child is a delinquent child for either of those reasons and the parent, guardian, or other person having care of the child has failed to cause the child's attendance at school in violation of section 3321.38 of the Revised Code, the court shall proceed to hold a hearing to hear the evidence as to the proper disposition to be made in regard to the child under division (A)(24)(a) of section 2151.355 of the Revised Code and the proper action to take in regard to the parent, guardian, or other person having care of the child under division (A)(24)(b) of section 2151.355 of the Revised Code.
If the court does not find the child to be an abused, neglected, dependent, delinquent, or unruly child or a juvenile traffic offender, it shall order that the complaint be dismissed and that the child be discharged from any detention or restriction theretofore ordered.
(2) A record of all testimony and other oral proceedings in juvenile court shall be made in all proceedings that are held pursuant to section 2151.414 of the Revised Code or in which an order of disposition may be made pursuant to division (A)(4) of section 2151.353 of the Revised Code, and shall be made upon request in any other proceedings. The record shall be made as provided in section 2301.20 of the Revised Code.
(B)(1) If the court at an adjudicatory hearing determines that a child is an abused, neglected, or dependent child, the court shall not issue a dispositional order until after the court holds a separate dispositional hearing. The court may hold the dispositional hearing for an adjudicated abused, neglected, or dependent child immediately after the adjudicatory hearing if all parties were served prior to the adjudicatory hearing with all documents required for the dispositional hearing. The dispositional hearing may not be held more than thirty days after the adjudicatory hearing is held. The court, upon the request of any party or the guardian ad litem of the child, may continue a dispositional hearing for a reasonable time not to exceed the time limits set forth in this division to enable a party to obtain or consult counsel. The dispositional hearing shall not be held more than ninety days after the date on which the complaint in the case was filed.
If the dispositional hearing is not held within the period of time required by this division, the court, on its own motion or the motion of any party or the guardian ad litem of the child, shall dismiss the complaint without prejudice.
(2) The dispositional hearing shall be conducted in accordance with all of the following:
(a) The judge or referee who presided at the adjudicatory hearing shall preside, if possible, at the dispositional hearing;
(b) The court may admit any evidence that is material and relevant, including, but not limited to, hearsay, opinion, and documentary evidence;
(c) Medical examiners and each investigator who prepared a social history shall not be cross-examined, except upon consent of the parties, for good cause shown, or as the court in its discretion may direct. Any party may offer evidence supplementing, explaining, or disputing any information contained in the social history or other reports that may be used by the court in determining disposition.
(3) After the conclusion of the dispositional hearing, the court shall enter an appropriate judgment within seven days and shall schedule the date for the hearing to be held pursuant to section 2151.415 of the Revised Code. The court may make any order of disposition that is set forth in section 2151.353 of the Revised Code. A copy of the judgment shall be given to each party and to the child's guardian ad litem. If the judgment is conditional, the order shall state the conditions of the judgment. If the child is not returned to the child's own home, the court shall determine which school district shall bear the cost of the child's education and shall comply with section 2151.36 of the Revised Code.
(4) As part of its dispositional order, the court may issue any order described in division (B) of section 2151.33 of the Revised Code.
(C) The court shall give all parties to the action and the child's guardian ad litem notice of the adjudicatory and dispositional hearings in accordance with the Juvenile Rules.
(D) If the court issues an order pursuant to division (A)(4) of section 2151.353 of the Revised Code committing a child to the permanent custody of a public children services agency or a private child placing agency, the parents of the child whose parental rights were terminated cease to be parties to the action upon the issuance of the order. This division is not intended to eliminate or restrict any right of the parents to appeal the permanent custody order issued pursuant to division (A)(4) of section 2151.353 of the Revised Code.
(E) Each juvenile court shall schedule its hearings in accordance with the time requirements of this chapter.
(F) In cases regarding abused, neglected, or dependent children, the court may admit any statement of a child that the court determines to be excluded by the hearsay rule if the proponent of the statement informs the adverse party of the proponent's intention to offer the statement and of the particulars of the statement, including the name of the declarant, sufficiently in advance of the hearing to provide the party with a fair opportunity to prepare to challenge, respond to, or defend against the statement, and the court determines all of the following:
(1) The statement has circumstantial guarantees of trustworthiness;
(2) The statement is offered as evidence of a material fact;
(3) The statement is more probative on the point for which it is offered than any other evidence that the proponent can procure through reasonable efforts;
(4) The general purposes of the evidence rules and the interests of justice will best be served by the admission of the statement into evidence.
(G) If a child is alleged to be an abused child, the court may order that the testimony of the child be taken by deposition. On motion of the prosecuting attorney, guardian ad litem, or any party, or in its own discretion, the court may order that the deposition be videotaped. Any deposition taken under this division shall be taken with a judge or referee present.
If a deposition taken under this division is intended to be offered as evidence at the hearing, it shall be filed with the court. Part or all of the deposition is admissible in evidence if counsel for all parties had an opportunity and similar motive at the time of the taking of the deposition to develop the testimony by direct, cross, or redirect examination and the judge determines that there is reasonable cause to believe that if the child were to testify in person at the hearing, the child would experience emotional trauma as a result of participating at the hearing.
Sec. 2945.17. At any trial, in any court, for the violation of any statute of this state, or of any ordinance of any municipal corporation, except in cases in which the penalty involved does not exceed a fine of one hundred dollars, the 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 who is the subject of a complaint filed under section 2151.27 of the Revised Code against both a child and the parent, guardian, or other person having care of the child.
SECTION 2 . That existing sections 2151.35 and 2945.17 of the Revised Code are hereby repealed.
SECTION 3 . That sections 109.42, 109.54, 109.573, 133.01, 181.22, 307.02, 307.022, 329.05, 2151.01, 2151.011, 2151.022, 2151.07, 2151.08, 2151.10, 2151.11, 2151.12, 2151.14, 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, 2151.313, 2151.314, 2151.315, 2151.34, 2151.341, 2151.343, 2151.35, 2151.352, 2151.354, 2151.356, 2151.357, 2151.358, 2151.359, 2151.3510, 2151.3511, 2151.36, 2151.38, 2151.62, 2151.65, 2151.651, 2151.652, 2151.655, 2151.78, 2151.79, 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, 2923.44, 2923.45, 2925.42, 2925.43, 2929.01, 2929.12, 2929.23, 2930.12, 2930.13, 2938.02, 2941.141, 2941.142, 2941.144, 2941.145, 2941.146, 2945.17, 3109.41, 3301.121, 3313.66, 3321.19, 3321.22, 3730.07, 3730.99, 4109.08, 5103.03, 5120.16, 5120.172, 5139.01, 5139.02, 5139.04, 5139.05, 5139.06, 5139.07, 5139.11, 5139.18, 5139.191, 5139.20, 5139.27, 5139.271, 5139.281, 5139.29, 5139.31, 5139.32, 5139.35, 5139.41, 5139.50, 5139.51, 5139.52, 5139.53, 5139.54, 5139.55, 5705.01, and 5705.19 be amended; sections 2151.11 (2152.73), 2151.18 (2152.71), 2151.25 (2152.03), 2151.26 (2152.12), 2151.312 (2152.26), 2151.315 (2152.74), 2151.34 (2152.41), 2151.341 (2152.43), 2151.343 (2152.44), 2151.356 (2152.21), 2151.3511 (2152.81), 2151.47 (2152.67), and 2151.62 (2152.72) be amended, for the purpose of adopting new section numbers as indicated in parentheses; and new sections 2151.18 and 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, 2152.19, 2152.20, 2152.22, 2152.42, 2152.61, and 2152.99 of the Revised Code be enacted to read as follows:
Sec. 109.42. (A) The attorney general shall prepare and have printed a pamphlet that contains a compilation of all statutes relative to victim's rights in which the attorney general lists and explains the statutes in the form of a victim's bill of rights. The attorney general shall distribute the pamphlet to all sheriffs, marshals, municipal corporation and township police departments, constables, and other law enforcement agencies, to all prosecuting attorneys, city directors of law, village solicitors, and other similar chief legal officers of municipal corporations, and to organizations that represent or provide services for victims of crime. The victim's bill of rights set forth in the pamphlet shall contain a description of all of the rights of victims that are provided for in Chapter 2930. or in any other section of the Revised Code and shall include, but not be limited to, all of the following:
(1) The right of a victim or a victim's representative to attend a proceeding before a grand jury, in a juvenile case, or in a criminal case pursuant to a subpoena without being discharged from the victim's or representative's employment, having the victim's or representative's employment terminated, having the victim's or representative's pay decreased or withheld, or otherwise being punished, penalized, or threatened as a result of time lost from regular employment because of the victim's or representative's attendance at the proceeding pursuant to the subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or 2945.451 of the Revised Code;
(2) The potential availability pursuant to section
2151.411 2151.359 or 2152.61 of the Revised
Code of a forfeited recognizance to pay
damages caused by a child when the delinquency of the child or
child's violation of probation or community control is found to be
proximately caused
by the failure of the child's parent or guardian to subject the
child to reasonable parental authority or to faithfully discharge
the conditions of probation or community control;
(3) The availability of awards of reparations pursuant to sections 2743.51 to 2743.72 of the Revised Code for injuries caused by criminal offenses;
(4) The right of the victim in certain criminal or juvenile cases or a victim's representative to receive, pursuant to section 2930.06 of the Revised Code, notice of the date, time, and place of the trial or delinquency proceeding in the case or, if there will not be a trial or delinquency proceeding, information from the prosecutor, as defined in section 2930.01 of the Revised Code, regarding the disposition of the case;
(5) The right of the victim in certain criminal or juvenile cases or a victim's representative to receive, pursuant to section 2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the name of the person charged with the violation, the case or docket number assigned to the charge, and a telephone number or numbers that can be called to obtain information about the disposition of the case;
(6) The right of the victim in certain criminal or juvenile cases or of the victim's representative pursuant to section 2930.13 or 2930.14 of the Revised Code, subject to any reasonable terms set by the court as authorized under section 2930.14 of the Revised Code, to make a statement about the victimization and, if applicable, a statement relative to the sentencing or disposition of the offender;
(7) The opportunity to obtain a court order, pursuant to section 2945.04 of the Revised Code, to prevent or stop the commission of the offense of intimidation of a crime victim or witness or an offense against the person or property of the complainant, or of the complainant's ward or child;
(8) The right of the victim in certain criminal or juvenile cases or a victim's representative pursuant to sections 2151.38, 2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to receive notice of a pending motion for judicial release or early release of the person who committed the offense against the victim, to make an oral or written statement at the court hearing on the motion, and to be notified of the court's decision on the motion;
(9) The right of the victim in certain criminal or juvenile cases or a victim's representative pursuant to section 2930.16, 2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice of any pending commutation, pardon, parole, transitional control, discharge, other form of authorized release, post-release control, or supervised release for the person who committed the offense against the victim or any application for release of that person and to send a written statement relative to the victimization and the pending action to the adult parole authority or the release authority of the department of youth services;
(10) The right of the victim to bring a civil action pursuant to sections 2969.01 to 2969.06 of the Revised Code to obtain money from the offender's profit fund;
(11) The right, pursuant to section 3109.09 of the Revised Code, to maintain a civil action to recover compensatory damages not exceeding ten thousand dollars and costs from the parent of a minor who willfully damages property through the commission of an act that would be a theft offense, as defined in section 2913.01 of the Revised Code, if committed by an adult;
(12) The right, pursuant to section 3109.10 of the Revised Code, to maintain a civil action to recover compensatory damages not exceeding ten thousand dollars and costs from the parent of a minor who willfully and maliciously assaults a person;
(13) The possibility of receiving restitution from an
offender or a delinquent child pursuant to section 2151.355
2152.20,
2929.18, or 2929.21 of the Revised Code;
(14) The right of the victim in certain criminal or juvenile cases or a victim's representative, pursuant to section 2930.16 of the Revised Code, to receive notice of the escape from confinement or custody of the person who committed the offense, to receive that notice from the custodial agency of the person at the victim's last address or telephone number provided to the custodial agency, and to receive notice that, if either the victim's address or telephone number changes, it is in the victim's interest to provide the new address or telephone number to the custodial agency;
(15) The right of a victim of domestic violence to seek the issuance of a temporary protection order pursuant to section 2919.26 of the Revised Code, to seek the issuance of a civil protection order pursuant to section 3113.31 of the Revised Code, and to be accompanied by a victim advocate during court proceedings;
(16) The right of a victim of a
sexually oriented offense that is committed by a person who is
adjudicated as being a sexual predator or, in certain cases, by
a person who is determined to be a habitual sex offender to
receive, pursuant to section 2950.10 of the Revised Code, notice that the
offender person
has registered with a sheriff under section 2950.04 or 2950.05
of the Revised Code and notice of the
offender's person's name and residence address or addresses, and
a
summary of the manner in which the victim must make a request
to receive the notice. As used in this division, "sexually
oriented offense," "adjudicated as being a sexual predator," and
"habitual sex offender" have the same meanings as in section
2950.01 of the Revised Code.
(17) The right of a victim of certain sexually violent offenses committed by a sexually violent predator who is sentenced to a prison term pursuant to division (A)(3) of section 2971.03 of the Revised Code to receive, pursuant to section 2930.16 of the Revised Code, notice of a hearing to determine whether to modify the requirement that the offender serve the entire prison term in a state correctional facility, whether to continue, revise, or revoke any existing modification of that requirement, or whether to terminate the prison term. As used in this division, "sexually violent offense" and "sexually violent predator" have the same meanings as in section 2971.01 of the Revised Code.
(B)(1)(a) Subject to division (B)(1)(c) of this section, a prosecuting attorney, assistant prosecuting attorney, city director of law, assistant city director of law, village solicitor, assistant village solicitor, or similar chief legal officer of a municipal corporation or an assistant of any of those officers who prosecutes an offense committed in this state, upon first contact with the victim of the offense, the victim's family, or the victim's dependents, shall give the victim, the victim's family, or the victim's dependents a copy of the pamphlet prepared pursuant to division (A) of this section and explain, upon request, the information in the pamphlet to the victim, the victim's family, or the victim's dependents.
(b) Subject to division (B)(1)(c) of this section, a law enforcement agency that investigates an offense or delinquent act committed in this state shall give the victim of the offense or delinquent act, the victim's family, or the victim's dependents a copy of the pamphlet prepared pursuant to division (A) of this section at one of the following times:
(i) Upon first contact with the victim, the victim's family, or the victim's dependents;
(ii) If the offense or delinquent act is an offense of violence, if the circumstances of the offense or delinquent act and the condition of the victim, the victim's family, or the victim's dependents indicate that the victim, the victim's family, or the victim's dependents will not be able to understand the significance of the pamphlet upon first contact with the agency, and if the agency anticipates that it will have an additional contact with the victim, the victim's family, or the victim's dependents, upon the agency's second contact with the victim, the victim's family, or the victim's dependents.
If the agency does not give the victim, the victim's family, or the victim's dependents a copy of the pamphlet upon first contact with them and does not have a second contact with the victim, the victim's family, or the victim's dependents, the agency shall mail a copy of the pamphlet to the victim, the victim's family, or the victim's dependents at their last known address.
(c) In complying on and after December 9, 1994, with the duties imposed by division (B)(1)(a) or (b) of this section, an official or a law enforcement agency shall use copies of the pamphlet that are in the official's or agency's possession on December 9, 1994, until the official or agency has distributed all of those copies. After the official or agency has distributed all of those copies, the official or agency shall use only copies of the pamphlet that contain at least the information described in division (A)(1) to (17) of this section.
(2) The failure of a law enforcement agency or of a prosecuting attorney, assistant prosecuting attorney, city director of law, assistant city director of law, village solicitor, assistant village solicitor, or similar chief legal officer of a municipal corporation or an assistant to any of those officers to give, as required by division (B)(1) of this section, the victim of an offense or delinquent act, the victim's family, or the victim's dependents a copy of the pamphlet prepared pursuant to division (A) of this section does not give the victim, the victim's family, the victim's dependents, or a victim's representative any rights under section 122.95, 2743.51 to 2743.72, 2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10 of the Revised Code or under any other provision of the Revised Code and does not affect any right under those sections.
(3) A law enforcement agency, a prosecuting attorney or assistant prosecuting attorney, or a city director of law, assistant city director of law, village solicitor, assistant village solicitor, or similar chief legal officer of a municipal corporation that distributes a copy of the pamphlet prepared pursuant to division (A) of this section shall not be required to distribute a copy of an information card or other printed material provided by the clerk of the court of claims pursuant to section 2743.71 of the Revised Code.
(C) The cost of printing and distributing the pamphlet prepared pursuant to division (A) of this section shall be paid out of the reparations fund, created pursuant to section 2743.191 of the Revised Code, in accordance with division (D) of that section.
(D) As used in this section:
(1) "Victim's representative" has the same meaning as in section 2930.01 of the Revised Code;
(2) "Victim advocate" has the same meaning as in section 2919.26 of the Revised Code.
Sec. 109.54. (A) The bureau of criminal identification and investigation may investigate any criminal activity in this state that is of statewide or intercounty concern when requested by local authorities and may aid federal authorities, when requested, in their investigation of any criminal activity in this state. The bureau may investigate any criminal activity in this state involving drug abuse or illegal drug distribution prohibited under Chapter 3719. or 4729. of the Revised Code. The superintendent and any agent of the bureau may participate, as the director of an organized crime task force established under section 177.02 of the Revised Code or as a member of the investigatory staff of a task force established under that section, in an investigation of organized criminal activity anywhere within this state under sections 177.01 to 177.03 of the Revised Code.
(B) The bureau may provide any trained investigative personnel and specialized equipment that are requested by any sheriff or chief of police, by the authorized designee of any sheriff or chief of police, or by any other authorized law enforcement officer to aid and assist the officer in the investigation and solution of any crime or the control of any criminal activity occurring within the officer's jurisdiction. This assistance shall be furnished by the bureau without disturbing or impairing any of the existing law enforcement authority or the prerogatives of local law enforcement authorities or officers. Investigators provided pursuant to this section, or engaged in an investigation pursuant to section 109.83 of the Revised Code, may go armed in the same manner as sheriffs and regularly appointed police officers under section 2923.12 of the Revised Code.
(C)(1) The bureau shall obtain recording equipment that
can be used to record depositions of the type described in
division (A) of section 2151.3511 2152.81 and division (A) of
section
2945.481 of the Revised Code, or testimony of the type
described in division (D) of section 2151.3511 2152.81 and
division (D) of section
2945.481 or in division (C) of section 2937.11 of the
Revised Code, shall obtain closed circuit equipment that can be used to
televise testimony of the type described in division (C) of
section 2151.3511 2152.81 and division (C) of section 2945.481
or in
division (B) of section 2937.11 of the Revised Code, and shall
provide the equipment, upon request, to any court for use in
recording any deposition or testimony of one of those types
or in televising the
testimony in accordance with the applicable division.
(2) The bureau shall obtain the names, addresses, and telephone numbers of persons who are experienced in questioning children in relation to an investigation of a violation of section 2905.03, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.09, 2907.21, 2907.23, 2907.24, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, or 2919.22 of the Revised Code or an offense of violence and shall maintain a list of those names, addresses, and telephone numbers. The list shall include a classification of the names, addresses, and telephone numbers by appellate district. Upon request, the bureau shall provide any county sheriff, chief of police, prosecuting attorney, village solicitor, city director of law, or similar chief legal officer with the name, address, and telephone number of any person contained in the list.
Sec. 109.573. (A) As used in this section:
(1) "DNA" means human deoxyribonucleic acid.
(2) "DNA analysis" means a laboratory analysis of a DNA specimen to identify DNA characteristics and to create a DNA record.
(3) "DNA database" means a collection of DNA records
from forensic casework or from crime scenes, specimens from anonymous and
unidentified sources, and
records collected pursuant to sections 2151.315 2152.74 and
2901.07 of the
Revised Code and a population statistics database for
determining the frequency of occurrence of characteristics in DNA
records.
(4) "DNA record" means the objective result of a DNA analysis of a DNA specimen, including representations of DNA fragment lengths, digital images of autoradiographs, discrete allele assignment numbers, and other DNA specimen characteristics that aid in establishing the identity of an individual.
(5) "DNA specimen" includes human blood cells or physiological tissues or body fluids.
(6) "Unidentified person database" means a collection of DNA
records, and, on and after the effective date of this amendment
May 21, 1998, of fingerprint and photograph records,
of unidentified human corpses, human remains, or living individuals.
(7) "Relatives of missing persons database" means a collection of DNA records of persons related by consanguinity of the first degree to a missing person.
(8) "Law enforcement agency" means a police department, the office of a sheriff, the state highway patrol, a county prosecuting attorney, or a federal, state, or local governmental body that enforces criminal laws and that has employees who have a statutory power of arrest.
(B)(1) The superintendent of the bureau of criminal identification and investigation may do all of the following:
(a) Establish and maintain a state DNA laboratory to perform DNA analysis of DNA specimens;
(b) Establish and maintain a DNA database;
(c) Establish and maintain an unidentified person database to aid in the establishment of the identity of unknown human corpses, human remains, or living individuals;
(d) Establish and maintain a relatives of missing persons database for comparison with the unidentified person database to aid in the establishment of the identity of unknown human corpses, human remains, and living individuals.
(2) If the bureau of criminal identification and investigation establishes and maintains a DNA laboratory and a DNA database, the bureau may use or disclose information regarding DNA records for the following purposes:
(a) The bureau may disclose information to a law enforcement agency for purposes of identification.
(b) The bureau shall disclose pursuant to a court order issued under section 3111.09 of the Revised Code any information necessary to determine the existence of a parent and child relationship in an action brought under sections 3111.01 to 3111.19 of the Revised Code.
(c) The bureau may use or disclose information from the population statistics database, for identification research and protocol development, or for quality control purposes.
(3) If the bureau of criminal identification and investigation establishes and maintains a relatives of missing persons database, all of the following apply:
(a) If a person has disappeared and has been continuously absent from the person's place of last domicile for a thirty-day or longer period of time without being heard from during the period, persons related by consanguinity of the first degree to the missing person may submit to the bureau a DNA specimen, the bureau may include the DNA record of the specimen in the relatives of missing persons database, and, if the bureau does not include the DNA record of the specimen in the relatives of missing persons database, the bureau shall retain the DNA record for future reference and inclusion as appropriate in that database.
(b) The bureau shall not charge a fee for the submission of a DNA specimen pursuant to division (B)(3)(a) of this section.
(c) A physician, registered nurse, licensed practical nurse, duly licensed clinical laboratory technician, or other qualified medical practitioner shall conduct the collection procedure for the DNA specimen submitted pursuant to division (B)(3)(a) of this section and shall collect the DNA specimen in a medically approved manner. No later than fifteen days after the date of the collection of the DNA specimen, the person conducting the DNA specimen collection procedure shall cause the DNA specimen to be forwarded to the bureau of criminal identification and investigation in accordance with procedures established by the superintendent of the bureau under division (H) of this section. The bureau may provide the specimen vials, mailing tubes, labels, postage, and instruction needed for the collection and forwarding of the DNA specimen to the bureau.
(d) The superintendent, in the superintendent's discretion, may compare DNA records in the relatives of missing persons database with the DNA records in the unidentified person database.
(4) If the bureau of criminal identification and investigation establishes and maintains an unidentified person database and if the superintendent of the bureau identifies a matching DNA record for the DNA record of a person or deceased person whose DNA record is contained in the unidentified person database, the superintendent shall inform the coroner who submitted or the law enforcement agency that submitted the DNA specimen to the bureau of the match and, if possible, of the identity of the unidentified person.
(5) The bureau of criminal identification and investigation may enter into a contract with a qualified public or private laboratory to perform DNA analyses, DNA specimen maintenance, preservation, and storage, DNA record keeping, and other duties required of the bureau under this section. A public or private laboratory under contract with the bureau shall follow quality assurance and privacy requirements established by the superintendent of the bureau.
(C) The superintendent of the bureau of criminal identification
and investigation shall establish procedures for entering into the
DNA
database the DNA records submitted pursuant to sections
2151.315 2152.74 and
2901.07 of the Revised Code and for determining an order of priority for entry
of the
DNA records based on the types of offenses committed by the persons
whose records are submitted and the available resources of the bureau.
(D) When a DNA record is derived from a DNA
specimen provided pursuant to section 2151.315 2152.74 or
2901.07 of the Revised Code,
the bureau of
criminal identification and investigation shall attach to the DNA
record personal identification information that identifies the person from
whom the DNA specimen was taken. The personal identification
information may include the subject person's fingerprints and any other
information the bureau determines necessary. The DNA
record and personal identification information attached to it shall be used
only for the purpose of personal identification or for a purpose specified in
this section.
(E) DNA records, DNA specimens,
fingerprints, and photographs that the bureau of criminal
identification and
investigation receives pursuant to this section and sections
313.08, 2151.315 2152.74, and 2901.07 of the Revised
Code and personal identification information attached to a
DNA record are not public records under section 149.43 of the
Revised Code.
(F) The bureau of criminal identification and investigation may charge a reasonable fee for providing information pursuant to this section to any law enforcement agency located in another state.
(G)(1) No person who because of the person's employment or official position has access to a DNA specimen, a DNA record, or other information contained in the DNA database that identifies an individual shall knowingly disclose that specimen, record, or information to any person or agency not entitled to receive it or otherwise shall misuse that specimen, record, or information.
(2) No person without authorization or privilege to obtain information contained in the DNA database that identifies an individual person shall purposely obtain that information.
(H) The superintendent of the bureau of criminal identification and investigation shall establish procedures for all of the following:
(1) The forwarding to the bureau of DNA specimens collected
pursuant to division (H) of this section and sections 313.08.
2151.315, 2152.74, and 2901.07
of the Revised Code and of fingerprints and photographs collected pursuant
to section 313.08 of the Revised Code;
(2) The collection, maintenance, preservation, and analysis of DNA specimens;
(3) The creation, maintenance, and operation of the DNA database;
(4) The use and dissemination of information from the DNA database;
(5) The creation, maintenance, and operation of the unidentified person database;
(6) The use and dissemination of information from the unidentified person database;
(7) The creation, maintenance, and operation of the relatives of missing persons database;
(8) The use and dissemination of information from the relatives of missing persons database;
(9) The verification of entities requesting DNA records and other DNA information from the bureau and the authority of the entity to receive the information;
(10) The operation of the bureau and responsibilities of employees of the bureau with respect to the activities described in this section.
Sec. 133.01. As used in this chapter, in sections 9.95, 9.96, and 2151.655 of the Revised Code, in other sections of the Revised Code that make reference to this chapter unless the context does not permit, and in related proceedings, unless otherwise expressly provided:
(A) "Acquisition" as applied to real or personal property includes, among other forms of acquisition, acquisition by exercise of a purchase option, and acquisition of interests in property, including, without limitation, easements and rights-of-way, and leasehold and other lease interests initially extending or extendable for a period of at least sixty months.
(B) "Anticipatory securities" means securities, including notes, issued in anticipation of the issuance of other securities.
(C) "Board of elections" means the county board of elections of the county in which the subdivision is located. If the subdivision is located in more than one county, "board of elections" means the county board of elections of the county that contains the largest portion of the population of the subdivision or that otherwise has jurisdiction in practice over and customarily handles election matters relating to the subdivision.
(D) "Bond retirement fund" means the bond retirement fund provided for in section 5705.09 of the Revised Code, and also means a sinking fund or any other special fund, regardless of the name applied to it, established by or pursuant to law or the proceedings for the payment of debt charges. Provision may be made in the applicable proceedings for the establishment in a bond retirement fund of separate accounts relating to debt charges on particular securities, or on securities payable from the same or common sources, and for the application of moneys in those accounts only to specified debt charges on specified securities or categories of securities. Subject to law and any provisions in the applicable proceedings, moneys in a bond retirement fund or separate account in a bond retirement fund may be transferred to other funds and accounts.
(E) "Capitalized interest" means all or a portion of the interest payable on securities from their date to a date stated or provided for in the applicable legislation, which interest is to be paid from the proceeds of the securities.
(F) "Chapter 133. securities" means securities authorized by or issued pursuant to or in accordance with this chapter.
(G) "County auditor" means the county auditor of the county in which the subdivision is located. If the subdivision is located in more than one county, "county auditor" means the county auditor of the county that contains the highest amount of the tax valuation of the subdivision or that otherwise has jurisdiction in practice over and customarily handles property tax matters relating to the subdivision. In the case of a county that has adopted a charter, "county auditor" means the officer who generally has the duties and functions provided in the Revised Code for a county auditor.
(H) "Credit enhancement facilities" means letters of credit, lines of credit, stand-by, contingent, or firm securities purchase agreements, insurance, or surety arrangements, guarantees, and other arrangements that provide for direct or contingent payment of debt charges, for security or additional security in the event of nonpayment or default in respect of securities, or for making payment of debt charges to and at the option and on demand of securities holders or at the option of the issuer or upon certain conditions occurring under put or similar arrangements, or for otherwise supporting the credit or liquidity of the securities, and includes credit, reimbursement, marketing, remarketing, indexing, carrying, interest rate hedge, and subrogation agreements, and other agreements and arrangements for payment and reimbursement of the person providing the credit enhancement facility and the security for that payment and reimbursement.
(I) "Current operating expenses" or "current expenses" means the lawful expenditures of a subdivision, except those for permanent improvements and for payments of debt charges of the subdivision.
(J) "Debt charges" means the principal, including any mandatory sinking fund deposits and mandatory redemption payments, interest, and any redemption premium, payable on securities as those payments come due and are payable. The use of "debt charges" for this purpose does not imply that any particular securities constitute debt within the meaning of the Ohio Constitution or other laws.
(K) "Financing costs" means all costs and expenses relating to the authorization, including any required election, issuance, sale, delivery, authentication, deposit, custody, clearing, registration, transfer, exchange, fractionalization, replacement, payment, and servicing of securities, including, without limitation, costs and expenses for or relating to publication and printing, postage, delivery, preliminary and final official statements, offering circulars, and informational statements, travel and transportation, underwriters, placement agents, investment bankers, paying agents, registrars, authenticating agents, remarketing agents, custodians, clearing agencies or corporations, securities depositories, financial advisory services, certifications, audits, federal or state regulatory agencies, accounting and computation services, legal services and obtaining approving legal opinions and other legal opinions, credit ratings, redemption premiums, and credit enhancement facilities. Financing costs may be paid from any moneys available for the purpose, including, unless otherwise provided in the proceedings, from the proceeds of the securities to which they relate and, as to future financing costs, from the same sources from which debt charges on the securities are paid and as though debt charges.
(L) "Fiscal officer" means the following, or, in the case of absence or vacancy in the office, a deputy or assistant authorized by law or charter to act in the place of the named officer, or if there is no such authorization then the deputy or assistant authorized by legislation to act in the place of the named officer for purposes of this chapter, in the case of the following subdivisions:
(1) A county, the county auditor;
(2) A municipal corporation, the city auditor or village clerk or clerk-treasurer, or the officer who, by virtue of a charter, has the duties and functions provided in the Revised Code for the city auditor or village clerk or clerk-treasurer;
(3) A school district, the treasurer of the board of education;
(4) A regional water and sewer district, the secretary of the board of trustees;
(5) A joint township hospital district, the treasurer of the district;
(6) A joint ambulance district, the clerk of the board of trustees;
(7) A joint recreation district, the person designated pursuant to section 755.15 of the Revised Code;
(8) A detention home facility district or a district organized
under section 2151.65 of the Revised Code or a combined district
organized under sections 2151.34 2152.41 and 2151.65 of the
Revised Code,
the county auditor of the county designated by law to act as the
auditor of the district;
(9) A township or a township police district, the clerk of the township;
(10) A joint fire district, the clerk of the board of trustees of that district;
(11) A regional or county library district, the person responsible for the financial affairs of that district;
(12) A joint solid waste management district, the fiscal officer appointed by the board of directors of the district under section 343.01 of the Revised Code;
(13) A joint emergency medical services district, the person appointed as fiscal officer pursuant to division (D) of section 307.053 of the Revised Code;
(14) A fire and ambulance district, the person appointed as fiscal officer under division (B) of section 505.375 of the Revised Code;
(15) A subdivision described in division (MM)(16) of this section, the officer who is designated by law as or performs the functions of its chief fiscal officer.
(M) "Fiscal year" has the same meaning as in section 9.34 of the Revised Code.
(N) "Fractionalized interests in public obligations" means participations, certificates of participation, shares, or other instruments or agreements, separate from the public obligations themselves, evidencing ownership of interests in public obligations or of rights to receive payments of, or on account of, principal or interest or their equivalents payable by or on behalf of an obligor pursuant to public obligations.
(O) "Fully registered securities" means securities in certificated or uncertificated form, registered as to both principal and interest in the name of the owner.
(P) "Fund" means to provide for the payment of debt charges and expenses related to that payment at or prior to retirement by purchase, call for redemption, payment at maturity, or otherwise.
(Q) "General obligation" means securities to the payment of debt charges on which the full faith and credit and the general property taxing power, including taxes within the tax limitation if available to the subdivision, of the subdivision are pledged.
(R) "Interest" or "interest equivalent" means those payments or portions of payments, however denominated, that constitute or represent consideration for forbearing the collection of money, or for deferring the receipt of payment of money to a future time.
(S) "Internal Revenue Code" means the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended, and includes any laws of the United States providing for application of that code.
(T) "Issuer" means any public issuer and any nonprofit corporation authorized to issue securities for or on behalf of any public issuer.
(U) "Legislation" means an ordinance or resolution passed by a majority affirmative vote of the then members of the taxing authority unless a different vote is required by charter provisions governing the passage of the particular legislation by the taxing authority.
(V) "Mandatory sinking fund redemption requirements" means amounts required by proceedings to be deposited in a bond retirement fund for the purpose of paying in any year or fiscal year by mandatory redemption prior to stated maturity the principal of securities that is due and payable, except for mandatory prior redemption requirements as provided in those proceedings, in a subsequent year or fiscal year.
(W) "Mandatory sinking fund requirements" means amounts required by proceedings to be deposited in a year or fiscal year in a bond retirement fund for the purpose of paying the principal of securities that is due and payable in a subsequent year or fiscal year.
(X) "Net indebtedness" has the same meaning as in division (A) of section 133.04 of the Revised Code.
(Y) "Obligor," in the case of securities or fractionalized interests in public obligations issued by another person the debt charges or their equivalents on which are payable from payments made by a public issuer, means that public issuer.
(Z) "One purpose" relating to permanent improvements means any one permanent improvement or group or category of permanent improvements for the same utility, enterprise, system, or project, development or redevelopment project, or for or devoted to the same general purpose, function, or use or for which self-supporting securities, based on the same or different sources of revenues, may be issued or for which special assessments may be levied by a single ordinance or resolution. "One purpose" includes, but is not limited to, in any case any off-street parking facilities relating to another permanent improvement, and:
(1) Any number of roads, highways, streets, bridges, sidewalks, and viaducts;
(2) Any number of off-street parking facilities;
(3) In the case of a county, any number of permanent improvements for courthouse, jail, county offices, and other county buildings, and related facilities;
(4) In the case of a school district, any number of facilities and buildings for school district purposes, and related facilities.
(AA) "Outstanding," referring to securities, means securities that have been issued, delivered, and paid for, except any of the following:
(1) Securities canceled upon surrender, exchange, or transfer, or upon payment or redemption;
(2) Securities in replacement of which or in exchange for which other securities have been issued;
(3) Securities for the payment, or redemption or purchase for cancellation prior to maturity, of which sufficient moneys or investments, in accordance with the applicable legislation or other proceedings or any applicable law, by mandatory sinking fund redemption requirements, mandatory sinking fund requirements, or otherwise, have been deposited, and credited for the purpose in a bond retirement fund or with a trustee or paying or escrow agent, whether at or prior to their maturity or redemption, and, in the case of securities to be redeemed prior to their stated maturity, notice of redemption has been given or satisfactory arrangements have been made for giving notice of that redemption, or waiver of that notice by or on behalf of the affected security holders has been filed with the subdivision or its agent for the purpose.
(BB) "Paying agent" means the one or more banks, trust companies, or other financial institutions or qualified persons, including an appropriate office or officer of the subdivision, designated as a paying agent or place of payment of debt charges on the particular securities.
(CC) "Permanent improvement" or "improvement" means any property, asset, or improvement certified by the fiscal officer, which certification is conclusive, as having an estimated life or period of usefulness of five years or more, and includes, but is not limited to, real estate, buildings, and personal property and interests in real estate, buildings, and personal property, equipment, furnishings, and site improvements, and reconstruction, rehabilitation, renovation, installation, improvement, enlargement, and extension of property, assets, or improvements so certified as having an estimated life or period of usefulness of five years or more. The acquisition of all the stock ownership of a corporation is the acquisition of a permanent improvement to the extent that the value of that stock is represented by permanent improvements. A permanent improvement for parking, highway, road, and street purposes includes resurfacing, but does not include ordinary repair.
(DD) "Person" has the same meaning as in section 1.59 of the Revised Code and also includes any federal, state, interstate, regional, or local governmental agency, any subdivision, and any combination of those persons.
(EE) "Proceedings" means the legislation, certifications, notices, orders, sale proceedings, trust agreement or indenture, mortgage, lease, lease-purchase agreement, assignment, credit enhancement facility agreements, and other agreements, instruments, and documents, as amended and supplemented, and any election proceedings, authorizing, or providing for the terms and conditions applicable to, or providing for the security or sale or award of, public obligations, and includes the provisions set forth or incorporated in those public obligations and proceedings.
(FF) "Public issuer" means any of the following that is authorized by law to issue securities or enter into public obligations:
(1) The state, including an agency, commission, officer, institution, board, authority, or other instrumentality of the state;
(2) A taxing authority, subdivision, district, or other local public or governmental entity, and any combination or consortium, or public division, district, commission, authority, department, board, officer, or institution, thereof;
(3) Any other body corporate and politic, or other public entity.
(GG) "Public obligations" means both of the following:
(1) Securities;
(2) Obligations of a public issuer to make payments under installment sale, lease, lease purchase, or similar agreements, which obligations bear interest or interest equivalent.
(HH) "Refund" means to fund and retire outstanding securities, including advance refunding with or without payment or redemption prior to maturity.
(II) "Register" means the books kept and maintained by the registrar for registration, exchange, and transfer of registered securities.
(JJ) "Registrar" means the person responsible for keeping the register for the particular registered securities, designated by or pursuant to the proceedings.
(KK) "Securities" means bonds, notes, certificates of indebtedness, commercial paper, and other instruments in writing, including, unless the context does not admit, anticipatory securities, issued by an issuer to evidence its obligation to repay money borrowed, or to pay interest, by, or to pay at any future time other money obligations of, the issuer of the securities, but not including public obligations described in division (GG)(2) of this section.
(LL) "Self-supporting securities" means securities or portions of securities issued for the purpose of paying costs of permanent improvements to the extent that receipts of the subdivision, other than the proceeds of taxes levied by that subdivision, derived from or with respect to the improvements or the operation of the improvements being financed, or the enterprise, system, project, or category of improvements of which the improvements being financed are part, are estimated by the fiscal officer to be sufficient to pay the current expenses of that operation or of those improvements or enterprise, system, project, or categories of improvements and the debt charges payable from those receipts on securities issued for the purpose. Until such time as the improvements or increases in rates and charges have been in operation or effect for a period of at least six months, the receipts therefrom, for purposes of this definition, shall be those estimated by the fiscal officer, except that those receipts may include, without limitation, payments made and to be made to the subdivision under leases or agreements in effect at the time the estimate is made. In the case of an operation, improvements, or enterprise, system, project, or category of improvements without at least a six-month history of receipts, the estimate of receipts by the fiscal officer, other than those to be derived under leases and agreements then in effect, shall be confirmed by the taxing authority.
(MM) "Subdivision" means any of the following:
(1) A county, including a county that has adopted a charter under Article X, Ohio Constitution;
(2) A municipal corporation, including a municipal corporation that has adopted a charter under Article XVIII, Ohio Constitution;
(3) A school district;
(4) A regional water and sewer district organized under Chapter 6119. of the Revised Code;
(5) A joint township hospital district organized under section 513.07 of the Revised Code;
(6) A joint ambulance district organized under section 505.71 of the Revised Code;
(7) A joint recreation district organized under division (C) of section 755.14 of the Revised Code;
(8) A detention home facility district organized under section
2151.34 2152.41, a district organized under section 2151.65,
or a
combined district organized under sections 2151.34 2152.41 and
2151.65 of
the Revised Code;
(9) A township police district organized under section 505.48 of the Revised Code;
(10) A township;
(11) A joint fire district organized under section 505.371 of the Revised Code;
(12) A county library district created under section 3375.19 or a regional library district created under section 3375.28 of the Revised Code;
(13) A joint solid waste management district organized under section 343.01 or 343.012 of the Revised Code;
(14) A joint emergency medical services district organized under section 307.052 of the Revised Code;
(15) A fire and ambulance district organized under section 505.375 of the Revised Code;
(16) Any other political subdivision or taxing district or other local public body or agency authorized by this chapter or other laws to issue Chapter 133. securities.
(NN) "Taxing authority" means in the case of the following subdivisions:
(1) A county, a county library district, or a regional library district, the board or boards of county commissioners, or other legislative authority of a county that has adopted a charter under Article X, Ohio Constitution, but with respect to such a library district acting solely as agent for the board of trustees of that district;
(2) A municipal corporation, the legislative authority;
(3) A school district, the board of education;
(4) A regional water and sewer district, a joint ambulance district, a joint recreation district, a fire and ambulance district, or a joint fire district, the board of trustees of the district;
(5) A joint township hospital district, the joint township hospital board;
(6) A detention home facility district or a district organized
under section 2151.65 of the Revised Code, a combined district
organized under sections 2151.34 2152.41 and 2151.65 of the
Revised Code, or a joint
emergency medical services district, the joint board of county commissioners;
(7) A township or a township police district, the board of township trustees;
(8) A joint solid waste management district organized under section 343.01 or 343.012 of the Revised Code, the board of directors of the district;
(9) A subdivision described in division (MM)(16) of this section, the legislative or governing body or official.
(OO) "Tax limitation" means the "ten-mill limitation" as defined in section 5705.02 of the Revised Code without diminution by reason of section 5705.313 of the Revised Code or otherwise, or, in the case of a municipal corporation or county with a different charter limitation on property taxes levied to pay debt charges on unvoted securities, that charter limitation. Those limitations shall be respectively referred to as the "ten-mill limitation" and the "charter tax limitation."
(PP) "Tax valuation" means the aggregate of the valuations of property subject to ad valorem property taxation by the subdivision on the real property, personal property, and public utility property tax lists and duplicates most recently certified for collection, and shall be calculated without deductions of the valuations of otherwise taxable property exempt in whole or in part from taxation by reason of exemptions of certain amounts of taxable value under division (C) of section 5709.01 or section 323.152 of the Revised Code, or similar laws now or in the future in effect.
(QQ) "Year" means the calendar year.
(RR) "Interest rate hedge" means any arrangement by which either:
(1) The different interest costs or receipts at fixed interest rates and at floating interest rates, or at different maturities, are exchanged on stated amounts of bonds or investments, or on notional amounts;
(2) A party will pay interest costs in excess of an agreed limitation.
(SS) "Administrative agent," "agent," "commercial paper," "floating rate interest structure," "indexing agent," "interest rate period," "put arrangement," and "remarketing agent" have the same meanings as in section 9.98 of the Revised Code.
(TT) "Sales tax supported" means obligations to the payment of debt charges on which an additional sales tax or additional sales taxes have been pledged by the taxing authority of a county pursuant to section 133.081 of the Revised Code.
Sec. 181.22. There is hereby created the criminal sentencing advisory
committee. The committee shall be comprised of the
chairperson of the parole board, the
director of the office of the correctional institution inspection committee,
a juvenile detention home facility operator, a provider of
juvenile probation or community control
services, a provider of juvenile parole or aftercare services, a
superintendent of a state institution operated by the department of youth
services, a community-based juvenile services provider, a person who is a
member of a youth advocacy organization, a victim of a violation of
Title XXIX of the Revised Code that was committed by a juvenile
offender, a representative of community corrections programming
appointed by the governor,
and any other members appointed by the chairperson of
the state criminal sentencing commission upon the advice
of the commission. The committee shall
serve as an advisory body to the state criminal sentencing
commission and to the commission's standing
juvenile committee.
The members of the committee shall serve without compensation, but each member shall be reimbursed for the member's actual and necessary expenses incurred in the performance of the member's official duties.
Sec. 307.02. The board of county commissioners of any
county, in addition to its other powers, may purchase, for cash
or by installment payments, enter into lease-purchase agreements,
lease with option to purchase, lease, appropriate, construct,
enlarge, improve, rebuild, equip, and furnish a courthouse,
county offices, jail, county home, juvenile court building,
detention home facility, public market houses, retail store
rooms and
offices, if located in a building acquired to house county
offices, for which store rooms or offices the board of county
commissioners may establish and collect rents or enter into
leases as provided in section 307.09 of the Revised Code, county
children's home, community mental health facility, community
mental retardation or developmental disability facility,
facilities for senior citizens, alcohol treatment and control
center, other necessary buildings, public stadiums, public
auditorium, exhibition hall, zoological park, public library
buildings, golf courses, and off-street parking facilities
determined by the board of county commissioners to be so situated
as to be useful for any of such purposes or any combination of
such purposes, for the use of which parking facilities the board
of county commissioners may establish and collect rates, charges,
or rents, and sites therefor, such real estate adjoining an
existing site as is necessary for any of such purposes, including
real estate necessary to afford light, air, protection from fire,
suitable surroundings, ingress, and egress; such copies of any
public records of such county, made or reproduced by miniature
photography or microfilm, as are necessary for the protection and
preservation of public records of such county.
The board of county commissioners of any county may lease for a period not to exceed forty years, pursuant to a contract providing for the construction thereof under a lease-purchase plan, those buildings, structures, and other improvements enumerated in the first paragraph of this section, and in conjunction therewith, may grant leases, easements, or licenses for lands under the control of the county for a period not to exceed forty years. Such lease-purchase plan shall provide that at the end of the lease period such buildings, structures, and related improvements, together with the land on which they are situated, shall become the property of the county without cost.
Whenever any building, structure or other improvement is to be so leased by a county, the board of county commissioners shall file in the office of the board, if the board has a full-time clerk, or in the office of the county auditor such basic plans, specifications, bills of materials, and estimates of cost with sufficient detail to afford bidders all needed information, or alternatively, shall file the following plans, details, bills of materials, and specifications:
(A) Full and accurate plans, suitable for the use of mechanics and other builders in such construction, improvement, addition, alteration, or installation;
(B) Details to scale and full sized, so drawn and represented as to be easily understood;
(C) Accurate bills showing the exact quantity of different kinds of material necessary to the construction;
(D) Definite and complete specifications of the work to be performed, together with such directions as will enable a competent mechanic or other builder to carry them out and afford bidders all needed information;
(E) A full and accurate estimate of each item of expense and of the aggregate cost thereof.
The board of county commissioners shall invite bids in the manner prescribed in sections 307.86 to 307.92 of the Revised Code. Such bids shall contain the terms upon which the builder would propose to lease the building, structure, or other improvement to the county. The form of the bid approved by the board of county commissioners shall be used and a bid shall be invalid and not considered unless such form is used without change, alteration, or addition.
Before submitting bids pursuant to this section, any builder shall have complied with sections 153.50 to 153.52 of the Revised Code.
On the day and at the place named for receiving bids for
entering into lease agreements with the county, the board of
county commissioners shall open the bids, and shall publicly
proceed immediately to tabulate the bids. No such lease
agreement shall be entered into until the bureau of workers'
compensation has certified that the corporation, partnership, or
person to be awarded the lease agreement has complied with
Chapter 4123. of the Revised Code, and until, if the builder
submitting the lowest and best bid is a foreign corporation, the
secretary of state has certified that such corporation is
authorized to do business in this state, and until, if the
builder submitting the lowest and best bid is a person or
partnership nonresident of this state, such person or partnership
has filed with the secretary of state a power of attorney
designating the secretary of state as its agent for the purpose
of accepting service of summons in any action brought under
Chapter 4123. of the Revised Code, and until the agreement is
submitted to the county prosecutor and his the county
prosecutor's approval certified thereon. Within thirty days after the day
on which the bids are received, the board of county commissioners shall
investigate the bids received and shall determine that the bureau and the
secretary of state have made the certifications required by this
section of the builder who has submitted the lowest and best bid.
Within ten days of the completion of the investigation of the
bids the board of county commissioners may award the lease
agreement to the builder who has submitted the lowest and best
bid and who has been certified by the bureau and secretary of
state as required by this section. If bidding for the lease
agreement has been conducted upon the basis of basic plans,
specifications, bills of materials, and estimates of costs, upon
the award to the builder, the board of county commissioners, or
the builder with the approval of the board of county
commissioners, shall appoint an architect or engineer licensed in
Ohio to prepare such further detailed plans, specifications, and
bills of materials as are required to construct the buildings,
structures, and other improvements enumerated in the first
paragraph of this section. The board of county commissioners may
reject any bid. Where there is reason to believe there is
collusion or combination among the bidders, the bids of those
concerned therein shall be rejected.
Sec. 307.022. (A) The board of county commissioners of any county may do both of the following without following the competitive bidding requirements of section 307.86 of the Revised Code:
(1) Enter into a lease, including a lease with an option to purchase, of correctional facilities for a term not in excess of forty years. Before entering into the lease, the board shall publish, once a week for three consecutive weeks in a newspaper of general circulation in the county, a notice that the board is accepting proposals for a lease pursuant to this division. The notice shall state the date before which the proposals are required to be submitted in order to be considered by the board.
(2) Subject to compliance with this section, grant leases, easements, and licenses with respect to, or sell, real property owned by the county if the real property is to be leased back by the county for use as correctional facilities.
The lease under division (A)(1) of this section shall require the county to contract, in accordance with Chapter 153., sections 307.86 to 307.92, and Chapter 4115. of the Revised Code, for the construction, improvement, furnishing, and equipping of correctional facilities to be leased pursuant to this section. Prior to the board's execution of the lease, it may require the lessor under the lease to cause sufficient money to be made available to the county to enable the county to comply with the certification requirements of division (D) of section 5705.41 of the Revised Code.
A lease entered into pursuant to division (A)(1) of this section by a board may provide for the county to maintain and repair the correctional facility during the term of the leasehold, may provide for the county to make rental payments prior to or after occupation of the correctional facilities by the county, and may provide for the board to obtain and maintain any insurance that the lessor may require, including, but not limited to, public liability, casualty, builder's risk, and business interruption insurance. The obligations incurred under a lease entered into pursuant to division (A)(1) of this section shall not be considered to be within the debt limitations of section 133.07 of the Revised Code.
(B) The correctional facilities leased under division (A)(1) of this section may include any or all of the following:
(1) Facilities in which one or more other governmental entities are participating or in which other facilities of the county are included;
(2) Facilities acquired, constructed, renovated, or financed by the Ohio building authority and leased to the county pursuant to section 307.021 of the Revised Code;
(3) Correctional facilities that are under construction or have been completed and for which no permanent financing has been arranged.
(C) As used in this section:
(1) "Correctional facilities" includes, but is not limited
to, jails, detention homes facilities, workhouses,
community-based
correctional facilities, and family court centers.
(2) "Construction" has the same meaning as in division (B) of section 4115.03 of the Revised Code.
Sec. 329.05. The county department of job and family services may administer or assist in administering any state or local family services activity in addition to those mentioned in section 329.04 of the Revised Code, supported wholly or in part by public funds from any source provided by agreement between the board of county commissioners and the officer, department, board, or agency in which the administration of such activity is vested. Such officer, department, board, or agency may enter into such agreement and confer upon the county department of job and family services, to the extent and in particulars specified in the agreement, the performance of any duties and the exercise of any powers imposed upon or vested in such officer, board, department, or agency, with respect to the administration of such activity. Such agreement shall be in the form of a resolution of the board of county commissioners, accepted in writing by the other party to the agreement, and filed in the office of the county auditor, and when so filed, shall have the effect of transferring the exercise of the powers and duties to which the agreement relates and shall exempt the other party from all further responsibility for the exercise of the powers and duties so transferred, during the life of the agreement.
Such agreement shall be coordinated and not conflict with a partnership agreement entered into under section 307.98, a contract entered into under section 307.981 or 307.982, a plan of cooperation entered into under section 307.983, a regional plan of cooperation entered into under section 307.984, a transportation work plan developed under section 307.985, or procedures for providing services to children whose families relocate frequently established under section 307.986 of the Revised Code. It may be revoked at the option of either party, by a resolution or order of the revoking party filed in the office of the auditor. Such revocation shall become effective at the end of the fiscal year occurring at least six months following the filing of the resolution or order. In the absence of such an express revocation so filed, the agreement shall continue indefinitely.
This section does not permit a county department of job and
family
services to manage or control hospitals, humane societies, detention
homes facilities,
jails or
probation departments of courts, or veterans service commissions.
Sec. 2151.01. The sections in Chapter 2151. of the Revised Code, with the exception of those sections providing for the criminal prosecution of adults, shall be liberally interpreted and construed so as to effectuate the following purposes:
(A) To provide for the care, protection, and mental and
physical development of children subject to Chapter 2151. of the
Revised Code;
(B) To protect the public interest in removing the
consequences of criminal behavior and the taint of criminality
from children committing delinquent acts and to substitute
therefor a program of supervision, care, and rehabilitation;
(C) To achieve the foregoing purposes, whenever possible,
in a family environment, separating the child from its the
child's parents
only when necessary for his the child's welfare or in the
interests of public
safety;
(D)(B) To provide judicial procedures through which
Chapter Chapters
2151. and 2152. of the Revised Code is are
executed and enforced, and in which
the parties are assured of a fair hearing, and their
constitutional and other legal rights are recognized and
enforced.
Sec. 2151.011. (A) As used in the Revised Code:
(1) "Juvenile court" means the whichever of the following is
applicable that has jurisdiction
under this chapter and Chapter 2152. of the Revised
Code:
(a) The division of the court of
common pleas or a specified in section 2101.022 or 2301.03 of the
Revised Code as
having jurisdiction under this chapter and Chapter 2152. of the
Revised Code or as being the
juvenile division or the juvenile division combined with one or more
other divisions;
(b) The juvenile court of Cuyahoga county or
Hamilton county that is separately and independently created
having by section 2151.08 or Chapter 2153. of the
Revised Code and that has jurisdiction under this
chapter and Chapter 2152. of the Revised
Code;
(c) If division (A)(1)(a) or (b) of this section does not apply, the probate division of the court of common pleas.
(2) "Juvenile judge" means a judge of a court having jurisdiction under this chapter.
(3) "Private child placing agency" means any association, as defined in section 5103.02 of the Revised Code, that is certified under section 5103.03 of the Revised Code to accept temporary, permanent, or legal custody of children and place the children for either foster care or adoption.
(4) "Private noncustodial agency" means any person, organization, association, or society certified by the department of job and family services that does not accept temporary or permanent legal custody of children, that is privately operated in this state, and that does one or more of the following:
(a) Receives and cares for children for two or more consecutive weeks;
(b) Participates in the placement of children in certified foster homes;
(c) Provides adoption services in conjunction with a public children services agency or private child placing agency.
(B) As used in this chapter:
(1) "Adequate parental care" means the provision by a child's parent or parents, guardian, or custodian of adequate food, clothing, and shelter to ensure the child's health and physical safety and the provision by a child's parent or parents of specialized services warranted by the child's physical or mental needs.
(2) "Adult" means an individual who is eighteen years of age or older.
(3) "Agreement for temporary custody" means a voluntary agreement authorized by section 5103.15 of the Revised Code that transfers the temporary custody of a child to a public children services agency or a private child placing agency.
(4) "Certified foster home" means a foster home, as defined in section 5103.02 of the Revised Code, certified under section 5103.03 of the Revised Code.
(5)(a) "Child" means a person who is under
eighteen years of age, except as otherwise provided in
divisions (B)(5)(b) to (f) of this
section.
(b) Subject to division (B)(5)(c) of
this section, that the juvenile court has jurisdiction over any
person who violates a federal or state law or
municipal ordinance is adjudicated an unruly child prior to
attaining eighteen years of age until the person attains twenty-one years
of age, and, for
purposes of that jurisdiction related to that adjudication, a person who is so
adjudicated an unruly
child shall be deemed a
"child" irrespective of that person's age at the time the complaint is
filed
or the hearing on the complaint is held until the person attains
twenty-one years of age.
(c) Any person who, while under
eighteen years of age, commits an act that would be a felony if committed by
an adult 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 child in relation to
that act.
(d) Any person whose case is transferred for criminal prosecution
pursuant to division (B) or (C) of section 2151.26 of the
Revised Code shall after the transfer be deemed not to be a
child in the transferred case.
(e) Subject to division (B)(5)(f) of
this section, any person whose case is transferred for
criminal prosecution pursuant to division (B) or (C) of section 2151.26 of
the Revised
Code and who subsequently is convicted of or pleads guilty to a
felony in that case shall after the
transfer be deemed not to be a child in any
case in which the person is
alleged to have committed prior to
or subsequent
to the transfer an act that would be an offense if committed by an adult.
Division (B)(5)(e)
of this section applies to a case regardless of
whether the
prior or subsequent act that is alleged in the case and that would be
an offense if committed by an adult allegedly was committed in the same county
in which
the case was transferred or in another county and regardless of whether the
complaint in the case involved was filed in the same county in which the
case was transferred or in another county. Division
(B)(5)(e) of this section applies to a
case that involves an act committed prior to the transfer only when the
prior act alleged in the case has not been disposed of by a juvenile court or
trial court.
(f) Notwithstanding division (B)(5)(e)
of this section, if a person's case is transferred for criminal prosecution
pursuant to division (B) or (C) of section 2151.26 of the
Revised Code and if the person subsequently is convicted of
or pleads guilty to a felony in that case, thereafter, the person shall be
considered a child solely for the following purposes in relation to any act
the person subsequently commits that would be an offense if committed by an
adult:
(i) For purposes of the filing of a complaint alleging that the
child is a delinquent child for committing the act that would be an offense if
committed by an adult;
(ii) For purposes of the juvenile court conducting a hearing
under division (B) of section 2151.26 of the Revised
Code relative to the complaint described in division
(B)(5)(f)(i) of this section to determine
whether division (B)(1) of section
2151.26 of the Revised Code applies and requires that the
case be transferred for criminal prosecution to the
appropriate court having jurisdiction of the offense.
(6) "Child day camp," "child day-care," "child day-care center," "part-time child day-care center," "type A family day-care home," "certified type B family day-care home," "type B home," "administrator of a child day-care center," "administrator of a type A family day-care home," "in-home aide," and "authorized provider" have the same meanings as in section 5104.01 of the Revised Code.
(7) "Child day-care provider" means an individual who is a child-care staff member or administrator of a child day-care center, a type A family day-care home, or a type B family day-care home, or an in-home aide or an individual who is licensed, is regulated, is approved, operates under the direction of, or otherwise is certified by the department of job and family services, department of mental retardation and developmental disabilities, or the early childhood programs of the department of education.
(8) "Chronic truant" means any child of compulsory school age who
is absent without legitimate excuse for absence from the public school the
child is supposed to attend for seven or more
consecutive school days, ten or more school days in one school
month, or fifteen or more school days in a school year has the same
meaning as in section 2152.02 of the Revised Code.
(10)(8)(9) "Commit" means to vest custody as ordered by the
court.
(11)(9)(10) "Counseling" includes both of the following:
(a) General counseling services performed by a public children services agency or shelter for victims of domestic violence to assist a child, a child's parents, and a child's siblings in alleviating identified problems that may cause or have caused the child to be an abused, neglected, or dependent child.
(b) Psychiatric or psychological therapeutic counseling services provided to correct or alleviate any mental or emotional illness or disorder and performed by a licensed psychiatrist, licensed psychologist, or a person licensed under Chapter 4757. of the Revised Code to engage in social work or professional counseling.
(12)(10)(11) "Custodian" means a person who has legal custody
of
a
child or a public children services agency or private child
placing agency that has permanent, temporary, or legal custody of
a child.
(13)(11)(12) "Delinquent child" has the same meaning as in
section 2152.02 of the Revised Code.
(13) "Detention" means the temporary care of children pending court adjudication or disposition, or execution of a court order, in a public or private facility designed to physically restrict the movement and activities of children.
(14)(12) "Developmental disability" has the same meaning
as in section 5123.01 of the Revised Code.
(16)(13)(15) "Foster caregiver" has the
same meaning as in section
5103.02 of the
Revised Code.
(17)(13)(14)(16) "Guardian" means a person, association, or
corporation that is granted authority by a probate court pursuant
to Chapter 2111. of the Revised Code to exercise parental rights
over a child to the extent provided in the court's order and
subject to the residual parental rights of the child's parents.
(18)(17) "Habitual truant" means any child of compulsory
school age
who is absent without legitimate excuse for absence from the public school the
child
is supposed to attend for five or more consecutive school days,
seven or more school days in one school month, or twelve or more
school days in a school year.
(19)(14)(15)(18) "Juvenile traffic offender" has the same
meaning as in section 2152.02 of the Revised Code.
(19) "Legal custody" means a legal status that vests in the custodian the right to have physical care and control of the child and to determine where and with whom the child shall live, and the right and duty to protect, train, and discipline the child and to provide the child with food, shelter, education, and medical care, all subject to any residual parental rights, privileges, and responsibilities. An individual granted legal custody shall exercise the rights and responsibilities personally unless otherwise authorized by any section of the Revised Code or by the court.
(20) A "legitimate excuse for absence from the public school the child is supposed to attend" includes, but is not limited to, any of the following:
(a) The fact that the child in question has enrolled in and is attending another public or nonpublic school in this or another state;
(b) The fact that the child in question is excused from attendance at school for any of the reasons specified in section 3321.04 of the Revised Code;
(c) The fact that the child in question has received an age and schooling certificate in accordance with section 3331.01 of the Revised Code.
(21)(15)(16) "Mental illness" and "mentally ill person
subject
to
hospitalization by court order" have the same meanings as in
section 5122.01 of the Revised Code.
(22)(16)(17) "Mental injury" means any behavioral,
cognitive,
emotional, or mental disorder in a child caused by an act or omission that
is described in section 2919.22 of the Revised Code and is
committed by the parent or other person
responsible for the child's care.
(23)(17)(18) "Mentally retarded person" has the same
meaning as
in
section 5123.01 of the Revised Code.
(24)(18)(19) "Nonsecure care, supervision, or training"
means
care, supervision, or training of a child in a facility that does
not confine or prevent movement of the child within the facility
or from the facility.
(25) "Of compulsory school age" has the same meaning as in section 3321.01 of the Revised Code.
(26)(19)(20) "Organization" means any institution,
public,
semipublic, or private, and any private association, society, or
agency located or operating in the state, incorporated or
unincorporated, having among its functions the furnishing of
protective services or care for children, or the placement of
children in certified foster homes or elsewhere.
(27)(20)(21) "Out-of-home care" means detention
facilities,
shelter facilities, certified foster homes,
placement in a prospective adoptive home prior to the issuance of
a final decree of adoption, organizations, certified
organizations, child day-care centers, type A family day-care
homes, child day-care provided by type B family day-care home
providers and by in-home aides, group home providers, group
homes, institutions, state institutions, residential facilities,
residential care facilities, residential camps, day camps,
hospitals, and medical clinics that are responsible for the care,
physical custody, or control of children.
(28)(21)(22) "Out-of-home care child abuse" means any of
the
following when committed by a person responsible for the care of
a child in out-of-home care:
(a) Engaging in sexual activity with a child in the person's care;
(b) Denial to a child, as a means of punishment, of proper or necessary subsistence, education, medical care, or other care necessary for a child's health;
(c) Use of restraint procedures on a child that cause injury or pain;
(d) Administration of prescription drugs or psychotropic medication to the child without the written approval and ongoing supervision of a licensed physician;
(e) Commission of any act, other than by accidental means, that results in any injury to or death of the child in out-of-home care or commission of any act by accidental means that results in an injury to or death of a child in out-of-home care and that is at variance with the history given of the injury or death.
(29)(22)(23) "Out-of-home care child neglect" means any
of the
following when committed by a person responsible for the care of
a child in out-of-home care:
(a) Failure to provide reasonable supervision according to the standards of care appropriate to the age, mental and physical condition, or other special needs of the child;
(b) Failure to provide reasonable supervision according to the standards of care appropriate to the age, mental and physical condition, or other special needs of the child, that results in sexual or physical abuse of the child by any person;
(c) Failure to develop a process for all of the following:
(i) Administration of prescription drugs or psychotropic drugs for the child;
(ii) Assuring that the instructions of the licensed physician who prescribed a drug for the child are followed;
(iii) Reporting to the licensed physician who prescribed the drug all unfavorable or dangerous side effects from the use of the drug.
(d) Failure to provide proper or necessary subsistence, education, medical care, or other individualized care necessary for the health or well-being of the child;
(e) Confinement of the child to a locked room without monitoring by staff;
(f) Failure to provide ongoing security for all prescription and nonprescription medication;
(g) Isolation of a child for a period of time when there is substantial risk that the isolation, if continued, will impair or retard the mental health or physical well-being of the child.
(30)(23)(24) "Permanent custody" means a legal status
that vests
in a public children services agency or a private child placing
agency, all parental rights, duties, and obligations, including
the right to consent to adoption, and divests the natural parents
or adoptive parents of all parental rights, privileges,
and obligations, including all residual rights and obligations.
(31)(32)(24)(25) "Permanent surrender" means the act of
the
parents
or, if a child has only one parent, of the parent of a child, by
a voluntary agreement authorized by section 5103.15
of the Revised Code, to transfer the permanent custody of the child to a
public children services agency or a private child placing
agency.
(33)(25)(26)(32) "Person responsible for a child's care in
out-of-home
care" means any of the following:
(a) Any foster caregiver, in-home aide, or provider;
(b) Any administrator, employee, or agent of any of the following: a public or private detention facility; shelter facility; organization; certified organization; child day-care center; type A family day-care home; certified type B family day-care home; group home; institution; state institution; residential facility; residential care facility; residential camp; day camp; hospital; or medical clinic;
(c) Any other person who performs a similar function with respect to, or has a similar relationship to, children.
(34)(26)(27)(33) "Physically impaired" means having one or
more of
the following conditions that substantially limit one or more of
an individual's major life activities, including self-care,
receptive and expressive language, learning, mobility, and self-direction:
(a) A substantial impairment of vision, speech, or hearing;
(b) A congenital orthopedic impairment;
(c) An orthopedic impairment caused by disease, rheumatic fever or any other similar chronic or acute health problem, or amputation or another similar cause.
(35)(27)(28)(34) "Placement for adoption" means the
arrangement by a
public children services agency or a private child placing agency
with a person for the care and adoption by that person of a child
of whom the agency has permanent custody.
(36)(28)(29)(35) "Placement in foster care" means the
arrangement by a public children services agency or a private child placing
agency for the out-of-home care of a child of whom the agency has
temporary custody or permanent custody.
(37)(29)(30)(36) "Planned permanent living arrangement"
means an order of a
juvenile court pursuant to which both of the following apply:
(a) The court gives legal custody of a child to a public children services agency or a private child placing agency without the termination of parental rights.
(b) The order permits the agency to make an appropriate placement of the child and to enter into a written agreement with a foster care provider or with another person or agency with whom the child is placed.
(30)(31)(37) "Practice of social work" and "practice of
professional
counseling" have the same meanings as in section 4757.01
of the Revised Code.
(38)(31)(32) "Probation Sanction, service, or condition"
means a legal status sanction, service, or condition created by
court
order following an adjudication that a child is a delinquent child, a
juvenile traffic offender, or an unruly child, whereby the child is
permitted to remain in the parent's, guardian's, or custodian's
home subject to supervision, or under the supervision of any
agency designated by the court and returned to the court for
violation of probation at any time during the period of
probation that is described in division (A)(3) of section
2152.19 of the Revised Code.
(39)(32)(33) "Protective supervision" means an order of
disposition pursuant to which the court permits an abused,
neglected, dependent, or unruly, or delinquent child or a
juvenile
traffic offender to remain in the custody of the child's parents,
guardian, or custodian and stay in the child's home, subject to any
conditions and limitations upon the child, the
child's parents,
guardian,
or custodian, or any other person that the court prescribes,
including supervision as directed by the court for the protection
of the child.
(40)(33)(34) "Psychiatrist" has the same meaning as in
section
5122.01 of the Revised Code.
(41)(34)(35) "Psychologist" has the same meaning as in
section
4732.01 of the Revised Code.
(42)(35)(36) "Residential camp" means a program in which
the
care, physical
custody, or control of
children is accepted overnight for recreational or recreational and
educational purposes.
(43)(36)(37) "Residential care facility" means an
institution,
residence, or facility that is licensed by the department of
mental health under section 5119.22 of the Revised Code and that
provides care for a child.
(44)(37)(38) "Residential facility" means a home or
facility that
is licensed by the department of mental retardation and
developmental disabilities under section 5123.19 of the Revised Code
and in which a child with a developmental disability
resides.
(45)(38)(39) "Residual parental rights, privileges, and
responsibilities" means those rights, privileges, and
responsibilities remaining with the natural parent after the
transfer of legal custody of the child, including, but not
necessarily limited to, the privilege of reasonable visitation,
consent to adoption, the privilege to determine the child's
religious affiliation, and the responsibility for support.
(46) "School day" means the school day established by the state board of education pursuant to section 3313.48 of the Revised Code.
(47) "School month" and "school year" have the same meanings as in section 3313.62 of the Revised Code.
(48)(39)(40) "Secure correctional facility" means a
facility
under the direction of the department of youth services that is designed to
physically restrict the movement and activities of children and used for the
placement of children after adjudication and disposition.
(49)(40)(41) "Sexual activity" has the same meaning as in
section
2907.01 of the Revised Code.
(50)(41)(42) "Shelter" means the temporary care of
children in
physically unrestricted facilities pending court adjudication or
disposition.
(51)(42)(43) "Shelter for victims of domestic violence"
has the
same meaning as in section 3113.33 of the Revised Code.
(52)(43)(44) "Temporary custody" means legal custody of a
child
who is removed from the child's home, which custody may be
terminated at
any time at the discretion of the court or, if the legal custody
is granted in an agreement for temporary custody, by the person
who executed the agreement.
(C) For the purposes of this chapter, a child shall be presumed abandoned when the parents of the child have failed to visit or maintain contact with the child for more than ninety days, regardless of whether the parents resume contact with the child after that period of ninety days.
Sec. 2151.022. As used in this chapter, "unruly child" includes any of the following:
(A) Any child who does not subject the child's self submit to
the reasonable
control of the child's parents, teachers, guardian,
or custodian, by reason of
being wayward or habitually disobedient;
(B) Any child who is persistently truant from home;
(C) Any child who is an habitual truant from school and who previously
has
not been adjudicated an unruly child for being an habitual truant;
(D)(C) Any child who so deports the child's self
behaves in a manner as to
injure or endanger the child's own health or morals or the health or
morals of others;
(E) Any child who attempts to enter the marriage relation
in any state without the consent of the child's parents,
custodian, or legal guardian or
other legal authority;
(F) Any child who is found in a disreputable place, visits
or patronizes a
place prohibited by law, or associates with vagrant,
vicious, criminal, notorious, or immoral persons;
(G) Any child who engages in an occupation prohibited by
law or is in a
situation dangerous to life or limb or injurious to the
child's own health or
morals or the health or morals of others;
(H)(D) Any child who violates a law, other than division (A)
of section 2923.211
of the Revised Code, that is applicable only to a child.
Sec. 2151.07. The juvenile court is a court of record and
within the division of domestic relations
or probate of the court
of common pleas, except that the
juvenile courts of Cuyahoga
county and Hamilton county shall be separate divisions of within
the
court of common pleas. The juvenile court has and shall exercise
the powers and jurisdiction conferred in sections 2151.01 to
2151.99 Chapters 2151. and 2152.
of the Revised Code.
Whenever the juvenile judge of the juvenile court is sick, is
absent from the county, or is unable to attend court, or the volume of
cases pending in court necessitates it, upon the request of said the
administrative juvenile
judge, the presiding judge of the court of common pleas pursuant to
division (AA) of section 2301.03 of the Revised Code shall
assign a judge of any division of the court of common pleas of the
county to act
in his the juvenile judge's place or in conjunction with
him the juvenile judge. If no such judge of the court
of common pleas is
available for said that purpose, the chief justice of the
supreme
court shall assign a judge of the court of common pleas, a
juvenile judge, or a probate judge from some other a different
county to act
in the place of such that juvenile judge or in conjunction with
him, who
that juvenile
judge. The assigned judge shall
receive such the compensation and expenses for his services
as so
serving that is
provided by law for judges assigned to hold court in courts of
common pleas.
Sec. 2151.08. In Hamilton county, the powers and jurisdiction of the
juvenile
court as conferred by Chapter Chapters 2151. and
2152. of the Revised Code shall be exercised by
that the judge of the court of common pleas whose term begins on
January 1, 1957,
and his that judge's successors and that by the
judge of the court of
common
pleas whose term
begins on February 14, 1967, and his that judge's successors as
provided by section 2301.03
of the Revised Code. This conferral of powers and jurisdiction on such
the specified judges
shall be deemed a creation of a separately and independently created and
established juvenile court in Hamilton county, Ohio. Such The
specified judges shall serve
in each and every position where the statutes permit or require a juvenile
judge to serve.
Sec. 2151.10. The juvenile judge shall annually submit a
written request for an appropriation to the board of county
commissioners that shall set forth estimated administrative
expenses of the juvenile court that the judge considers
reasonably necessary for the operation of the court, including
reasonably necessary expenses of the judge and such officers and
employees as the judge may designate in attending conferences
at which
juvenile or welfare problems are discussed, and such sum each
year as will provide for the maintenance and operation of the
detention home facility, the care, maintenance, education, and
support of
neglected, abused, dependent, and delinquent children, other than
children eligible to participate in the
Ohio works first program established under Chapter
5107. of the
Revised Code, and for necessary orthopedic, surgical, and medical
treatment, and special care as may be ordered by the court for
any neglected, abused, dependent, or delinquent children. The
board shall conduct a public hearing with respect to the written
request submitted by the judge and shall appropriate such sum of
money each year as it determines, after conducting the public
hearing and considering the written request of the judge, is
reasonably necessary to meet all the administrative expenses of
the court. All disbursements from such appropriations shall be
upon specifically itemized vouchers, certified to by the judge.
If the judge considers the appropriation made by the board pursuant to this section insufficient to meet all the administrative expenses of the court, the judge shall commence an action under Chapter 2731. of the Revised Code in the court of appeals for the judicial district for a determination of the duty of the board of county commissioners to appropriate the amount of money in dispute. The court of appeals shall give priority to the action filed by the juvenile judge over all cases pending on its docket. The burden shall be on the juvenile judge to prove that the appropriation requested is reasonably necessary to meet all administrative expenses of the court. If, prior to the filing of an action under Chapter 2731. of the Revised Code or during the pendency of the action, the judge exercises the judge's contempt power in order to obtain the sum of money in dispute, the judge shall not order the imprisonment of any member of the board of county commissioners notwithstanding sections 2705.02 to 2705.06 of the Revised Code.
Sec. 2151.12. (A) Except as
otherwise provided in this division, whenever a court of common pleas,
division of domestic relations, exercises the powers and
jurisdictions conferred in Chapter Chapters 2151.
and 2152. of the Revised Code,
the judge or judges of that division or, if applicable, the judge of that
division who specifically is designated by section 2301.03 of the
Revised Code
as being responsible for administering sections 2151.13, 2151.16, 2151.17,
and
2151.18, and 2152.71 of the Revised Code shall be the
clerk of the court for all
records filed with the court pursuant to Chapter 2151. or
2152. of the Revised Code
or pursuant to any other section of the Revised Code
that requires documents to be filed with a juvenile judge or a juvenile
court. If, in a division of domestic relations of a court of
common pleas that exercises the powers and jurisdiction conferred in
Chapter Chapters 2151. and 2152. of the
Revised Code,
the judge of the division, both judges in a two-judge division, or a majority
of the judges in a division with three or more judges and the clerk of the
court of common pleas agree in an agreement that is signed by the agreeing
judge or judges and the clerk and entered into formally in the journal of the
court, the clerk of courts of common pleas shall keep the records filed with
the court pursuant to Chapter 2151. or 2152. of the Revised
Code
or pursuant to any other section of the Revised Code
that requires documents to be filed with a juvenile judge or a juvenile
court.
Whenever the juvenile judge, or a majority of
the juvenile judges of a multi-judge juvenile division, of a
court of common pleas, juvenile division, and the clerk of the
court of common pleas agree in an agreement that is signed by the
judge and the clerk and entered formally in the journal of the
court, the clerks of courts of common pleas shall keep the
records of such those courts. In all other cases, the juvenile
judge
shall be the clerk of the judge's own court.
(B) In counties in which the juvenile judge is clerk of the judge's own
court, before entering upon the duties of office as such the
clerk, the judge shall execute and file with the county treasurer a bond
in a sum to be determined by the board of county commissioners,
with sufficient surety to be approved by the board, conditioned
for the faithful performance of duties as clerk. The bond
shall be given for the benefit of the county, the state, or any
person who may suffer loss by reason of a default in any of the
conditions of the bond.
Sec. 2151.14. (A) The chief probation officer, under the
direction of the juvenile judge, shall have charge of the work of
the probation department. The department shall make any
investigations that the judge directs, keep a written record of
the investigations, and submit the record to the judge or deal
with them as the judge directs. The department shall furnish to any
person placed on probation community control a statement of the
conditions of
probation community control and shall instruct the person
regarding them. The
department
shall keep informed concerning the conduct and condition of each
person under its supervision and shall report on their conduct
and condition to the judge as the judge directs. Each probation officer
shall use all suitable methods to aid persons on probation community
control and to
bring about improvement in their conduct and condition. The
department shall keep full records of its work, keep accurate and
complete accounts of money collected from persons under its
supervision, give receipts for the money, and make reports on the
money as the judge directs.
(B) Except as provided in division (C) or (D) of this section, the reports and records of the department shall be considered confidential information and shall not be made public. A probation officer may serve the process of the court within or without the county, make arrests without warrant upon reasonable information or upon view of the violation of this chapter or Chapter 2152. of the Revised Code, detain the person arrested pending the issuance of a warrant, and perform any other duties, incident to the office, that the judge directs. All sheriffs, deputy sheriffs, constables, marshals, deputy marshals, chiefs of police, municipal corporation and township police officers, and other peace officers shall render assistance to probation officers in the performance of their duties when requested to do so by any probation officer.
(C) When a complaint has been filed alleging that a child is delinquent by reason of having committed an act that would constitute a violation of section 2907.02, 2907.03, 2907.05, or 2907.06 of the Revised Code if committed by an adult and the arresting authority, a court, or a probation officer discovers that the child or a person whom the child caused to engage in sexual activity, as defined in section 2907.01 of the Revised Code, has a communicable disease, the arresting authority, court, or probation officer immediately shall notify the victim of the delinquent act of the nature of the disease.
(D)(1) In accordance with division (D)(2) of this section,
subject to the limitation specified in division (D)(4) of this
section, and in connection with a disposition pursuant to section
2151.354 of the Revised Code when a child has been found to be an
unruly child, a disposition pursuant to section 2151.355 sections
2152.19 and 2152.20 of the
Revised Code when a child has been found to be a delinquent
child, or a disposition pursuant to section 2151.356 sections
2152.20 and 2152.21 of the
Revised Code when a child has been found to be a juvenile traffic
offender, the court may issue an order requiring boards of
education, governing bodies of chartered nonpublic schools,
public children services agencies, private child placing
agencies, probation departments, law enforcement agencies, and
prosecuting attorneys that have records related to the child in
question to provide copies of one or more specified records, or
specified information in one or more specified records, that the
individual or entity has with respect to the child to any of the
following individuals or entities that request the records in
accordance with division (D)(3)(a) of this section:
(a) The child;
(b) The attorney or guardian ad litem of the child;
(c) A parent, guardian, or custodian of the child;
(d) A prosecuting attorney;
(e) A board of education of a public school district;
(f) A probation department of a juvenile court;
(g) A public children services agency or private child placing agency that has custody of the child, is providing services to the child or the child's family, or is preparing a social history or performing any other function for the juvenile court;
(h) The department of youth services when the department has custody of the child or is performing any services for the child that are required by the juvenile court or by statute;
(i) The individual in control of a juvenile detention or rehabilitation facility to which the child has been committed;
(j) An employee of the juvenile court that found the child to be an unruly child, a delinquent child, or a juvenile traffic offender;
(k) Any other entity that has custody of the child or is providing treatment, rehabilitation, or other services for the child pursuant to a court order, statutory requirement, or other arrangement.
(2) Any individual or entity listed in divisions (D)(1)(a) to (k) of this section may file a motion with the court that requests the court to issue an order as described in division (D)(1) of this section. If such a motion is filed, the court shall conduct a hearing on it. If at the hearing the movant demonstrates a need for one or more specified records, or for information in one or more specified records, related to the child in question and additionally demonstrates the relevance of the information sought to be obtained from those records, and if the court determines that the limitation specified in division (D)(4) of this section does not preclude the provision of a specified record or specified information to the movant, then the court may issue an order to a designated individual or entity to provide the movant with copies of one or more specified records or with specified information contained in one or more specified records.
(3)(a) Any individual or entity that is authorized by an order issued pursuant to division (D)(1) of this section to obtain copies of one or more specified records, or specified information, related to a particular child may file a written request for copies of the records or for the information with any individual or entity required by the order to provide copies of the records or the information. The request shall be in writing, describe the type of records or the information requested, explain the need for the records or the information, and be accompanied by a copy of the order.
(b) If an individual or entity that is required by an order issued pursuant to division (D)(1) of this section to provide one or more specified records, or specified information, related to a child receives a written request for the records or information in accordance with division (D)(3)(a) of this section, the individual or entity immediately shall comply with the request to the extent it is able to do so, unless the individual or entity determines that it is unable to comply with the request because it is prohibited by law from doing so, or unless the requesting individual or entity does not have authority to obtain the requested records or information. If the individual or entity determines that it is unable to comply with the request, it shall file a motion with the court that issued the order requesting the court to determine the extent to which it is required to comply with the request for records or information. Upon the filing of the motion, the court immediately shall hold a hearing on the motion, determine the extent to which the movant is required to comply with the request for records or information, and issue findings of fact and conclusions of law in support of its determination. The determination of the court shall be final. If the court determines that the movant is required to comply with the request for records or information, it shall identify the specific records or information that must be supplied to the individual or entity that requested the records or information.
(c) If an individual or entity is required to provide copies of one or more specified records pursuant to division (D) of this section, the individual or entity may charge a fee for the copies that does not exceed the cost of supplying them.
(4) Division (D) of this section does not require, authorize, or permit the dissemination of any records or any information contained in any records if the dissemination of the records or information generally is prohibited by any provision of the Revised Code and a specific provision of the Revised Code does not specifically authorize or permit the dissemination of the records or information pursuant to division (D) of this section.
Sec. 2151.141. (A) If a complaint filed with respect to a child pursuant to section 2151.27 of the Revised Code alleges that a child is an abused, neglected, or dependent child, any individual or entity that is listed in divisions (D)(1)(a) to (k) of section 2151.14 of the Revised Code and that is investigating whether the child is an abused, neglected, or dependent child, has custody of the child, is preparing a social history for the child, or is providing any services for the child may request any board of education, governing body of a chartered nonpublic school, public children services agency, private child placing agency, probation department, law enforcement agency, or prosecuting attorney that has any records related to the child to provide the individual or entity with a copy of the records. The request shall be in writing, describe the type of records requested, explain the need for the records, be accompanied by a copy of the complaint, and describe the relationship of the requesting individual or entity to the child. The individual or entity shall provide a copy of the request to the child in question, the attorney or guardian ad litem of the child, and the parent, guardian, or custodian of the child.
(B)(1) Any board of education, governing body of a chartered nonpublic school, public children services agency, private child placing agency, probation department, law enforcement agency, or prosecuting attorney that has any records related to a child who is the subject of a complaint as described in division (A) of this section and that receives a request for a copy of the records pursuant to division (A) of this section shall comply with the request, unless the individual or entity determines that it is unable to do so because it is prohibited by law from complying with the request, the request does not comply with division (A) of this section, or a complaint as described in division (A) of this section has not been filed with respect to the child who is the subject of the requested records. If the individual or entity determines that it is unable to comply with the request, it shall file a motion with the court in which the complaint as described in division (A) of this section was filed or was alleged to have been filed requesting the court to determine the extent to which it is required to comply with the request for records. Upon the filing of the motion, the court immediately shall hold a hearing on the motion, determine the extent to which the movant is required to comply with the request for records, and issue findings of fact and conclusions of law in support of its determination. The determination of the court shall be final. If the court determines that the movant is required to comply with the request for records, it shall identify the specific records that must be supplied to the individual or entity that requested them.
(2) In addition to or in lieu of the motion described in division (B)(1) of this section, a law enforcement agency or prosecuting attorney that receives a request for a copy of records pursuant to division (A) of this section may file a motion for a protective order as described in this division with the court in which the complaint as described in division (A) of this section was filed or alleged to have been filed. Upon the filing of such a motion, the court shall conduct a hearing on the motion. If at the hearing the law enforcement agency or prosecuting attorney demonstrates that any of the following applies and if, after considering the purposes for which the records were requested pursuant to division (A) of this section, the best interest of the child, and any demonstrated need to prevent specific information in the records from being disclosed, the court determines that the issuance of a protective order is necessary, then the court shall issue a protective order that appropriately limits the disclosure of one or more specified records or specified information in one or more specified records:
(a) The records or information in the records relate to a
case in which the child is alleged to be a delinquent child or a
case in which a child is bound over transferred for trial as an
adult
pursuant to section 2151.26 2152.12 of the Revised Code and
Juvenile Rule
30, and the adjudication hearing in the case, the trial in the
case, or other disposition of the case has not been concluded.
(b) The records in question, or the records containing the information in question, are confidential law enforcement investigatory records, as defined in section 149.43 of the Revised Code.
(c) The records or information in the records relate to a
case in which the child is or was alleged to be a delinquent
child or to a case in which a child is or was bound over
transferred for
trial as an adult pursuant to section 2151.26 2152.12 of the
Revised Code
and Juvenile Rule 30; another case is pending against any child
or any adult in which the child is alleged to be a delinquent
child, the child is so bound over transferred for trial as an
adult, or the
adult is alleged to be a criminal offender; the allegations in
the case to which the records or information relate and the
allegations in the other case are based on the same act or
transaction, are based on two or more connected transactions or
constitute parts of a common scheme or plan, or are part of a
course of criminal conduct; and the adjudication hearing in,
trial in, or other disposition of the other case has not been
concluded.
(C) If an individual or entity is required to provide copies of records pursuant to this section, the individual or entity may charge a fee for the copies that does not exceed the cost of supplying them.
(D) This section shall not be construed to require, authorize, or permit, and does not require, authorize, or permit, the dissemination of any records or any information contained in any records if the dissemination of the records or information generally is prohibited by any provision of the Revised Code and a specific provision of the Revised Code does not specifically authorize or permit the dissemination of the records or information pursuant to this section.
Sec. 2151.18. (A) The juvenile court shall maintain records of all official cases brought before it, including, but not limited to, an appearance docket, a journal, and records of the type required by division (A)(2) of section 2151.35 of the Revised Code.
(B) Not later than June of each year, the court shall prepare an annual report covering the preceding calendar year showing the number and kinds of cases that have come before it, the disposition of the cases, and any other data pertaining to the work of the court that the juvenile judge directs. The court shall file copies of the report with the board of county commissioners. With the approval of the board, the court may print or cause to be printed copies of the report for distribution to persons and agencies interested in the court or community program for dependent, neglected, abused, or delinquent children and juvenile traffic offenders. The court shall include the number of copies ordered printed and the estimated cost of each printed copy on each copy of the report printed for distribution.
Sec. 2151.211. No employer shall discharge or terminate
from employment, threaten to discharge or terminate from
employment, or otherwise punish or penalize any employee because
of time lost from regular employment as a result of the
employee's attendance at any proceeding in a delinquency case
pursuant to a subpoena under this chapter or Chapter 2152.
of the Revised Code. This section generally does not require
and shall not be construed to require an employer to pay an
employee for time lost as a result of attendance at any
proceeding in a delinquency case under either chapter. However,
if an employee is
subpoenaed to appear at a proceeding in a delinquency case under
either chapter and
the proceeding pertains to an offense against the employer or an
offense involving the employee during the course of his the
employee's
employment, the employer shall not decrease or withhold the
employee's pay for any time lost as a result of compliance with
the subpoena. Any employer who knowingly violates this section
is in contempt of court.
Sec. 2151.23. (A) The juvenile court has exclusive original jurisdiction under the Revised Code as follows:
(1) Concerning any child who on or about the date specified in the complaint, indictment, or information is alleged to be a juvenile traffic offender or a delinquent, unruly, abused, neglected, or dependent child and, based on and in relation to the allegation pertaining to the child, concerning the parent, guardian, or other person having care of a child who is alleged to be an unruly or delinquent child for being an habitual or chronic truant;
(2) Subject to division (V) of section 2301.03 of the Revised Code, to determine the custody of any child not a ward of another court of this state;
(3) To hear and determine any application for a writ of habeas corpus involving the custody of a child;
(4) To exercise the powers and jurisdiction given the probate division of the court of common pleas in Chapter 5122. of the Revised Code, if the court has probable cause to believe that a child otherwise within the jurisdiction of the court is a mentally ill person subject to hospitalization by court order, as defined in section 5122.01 of the Revised Code;
(5) To hear and determine all criminal cases charging adults with the violation of any section of this chapter;
(6) To hear and determine all criminal cases in which an adult is charged with a violation of division (C) of section 2919.21, division (B)(1) of section 2919.22, section 2919.222, division (B) of section 2919.23, or section 2919.24 of the Revised Code, provided the charge is not included in an indictment that also charges the alleged adult offender with the commission of a felony arising out of the same actions that are the basis of the alleged violation of division (C) of section 2919.21, division (B)(1) of section 2919.22, section 2919.222, division (B) of section 2919.23, or section 2919.24 of the Revised Code;
(7) Under the interstate compact on juveniles in section 2151.56 of the Revised Code;
(8) Concerning any child who is to be taken into custody pursuant to section 2151.31 of the Revised Code, upon being notified of the intent to take the child into custody and the reasons for taking the child into custody;
(9) To hear and determine requests for the extension of temporary custody agreements, and requests for court approval of permanent custody agreements, that are filed pursuant to section 5103.15 of the Revised Code;
(10) To hear and determine applications for consent to marry pursuant to section 3101.04 of the Revised Code;
(11) Subject to division (V) of section 2301.03 of the Revised Code, to hear and determine a request for an order for the support of any child if the request is not ancillary to an action for divorce, dissolution of marriage, annulment, or legal separation, a criminal or civil action involving an allegation of domestic violence, or an action for support brought under Chapter 3115. of the Revised Code;
(12) Concerning an action commenced under section 121.38 of the Revised Code;
;
(14)(13) To hear and determine violations of section 3321.38
of the Revised Code;
(15)(14) To exercise
jurisdiction and authority over the
parent, guardian, or other person having care of a child alleged to be a
delinquent child, unruly child, or juvenile traffic
offender, based on and in relation to the allegation pertaining to the
child.
(B) Except as provided in division (I) of section 2301.03 of the Revised Code, the juvenile court has original jurisdiction under the Revised Code:
(1) To hear and determine all cases of misdemeanors charging adults with any act or omission with respect to any child, which act or omission is a violation of any state law or any municipal ordinance;
(2) To determine the paternity of any child alleged to have been born out of wedlock pursuant to sections 3111.01 to 3111.19 of the Revised Code;
(3) Under the uniform interstate family support act in Chapter 3115. of the Revised Code;
(4) To hear and determine an application for an order for the support of any child, if the child is not a ward of another court of this state;
(5) To hear and determine an action commenced under section 5101.314 of the Revised Code.
(C) The juvenile court, except as to juvenile courts that are a separate division of the court of common pleas or a separate and independent juvenile court, has jurisdiction to hear, determine, and make a record of any action for divorce or legal separation that involves the custody or care of children and that is filed in the court of common pleas and certified by the court of common pleas with all the papers filed in the action to the juvenile court for trial, provided that no certification of that nature shall be made to any juvenile court unless the consent of the juvenile judge first is obtained. After a certification of that nature is made and consent is obtained, the juvenile court shall proceed as if the action originally had been begun in that court, except as to awards for spousal support or support due and unpaid at the time of certification, over which the juvenile court has no jurisdiction.
(D) The juvenile court, except as provided in division (I) of section 2301.03 of the Revised Code, has jurisdiction to hear and determine all matters as to custody and support of children duly certified by the court of common pleas to the juvenile court after a divorce decree has been granted, including jurisdiction to modify the judgment and decree of the court of common pleas as the same relate to the custody and support of children.
(E) The juvenile court, except as provided in division (I) of section 2301.03 of the Revised Code, has jurisdiction to hear and determine the case of any child certified to the court by any court of competent jurisdiction if the child comes within the jurisdiction of the juvenile court as defined by this section.
(F)(1) The juvenile court shall exercise its jurisdiction in child custody matters in accordance with sections 3109.04, 3109.21 to 3109.36, and 5103.20 to 5103.28 of the Revised Code.
(2) The juvenile court shall exercise its jurisdiction in child support matters in accordance with section 3109.05 of the Revised Code.
(G)(1) Each order for child support made or modified by a juvenile court shall include as part of the order a general provision, as described in division (A)(1) of section 3113.21 of the Revised Code, requiring the withholding or deduction of income or assets of the obligor under the order as described in division (D) of section 3113.21 of the Revised Code, or another type of appropriate requirement as described in division (D)(3), (D)(4), or (H) of that section, to ensure that withholding or deduction from the income or assets of the obligor is available from the commencement of the support order for collection of the support and of any arrearages that occur; a statement requiring all parties to the order to notify the child support enforcement agency in writing of their current mailing address, current residence address, current residence telephone number, and current driver's license number, and any changes to that information; and a notice that the requirement to notify the child support enforcement agency of all changes to that information continues until further notice from the court. Any juvenile court that makes or modifies an order for child support shall comply with sections 3113.21 to 3113.219 of the Revised Code. If any person required to pay child support under an order made by a juvenile court on or after April 15, 1985, or modified on or after December 1, 1986, is found in contempt of court for failure to make support payments under the order, the court that makes the finding, in addition to any other penalty or remedy imposed, shall assess all court costs arising out of the contempt proceeding against the person and require the person to pay any reasonable attorney's fees of any adverse party, as determined by the court, that arose in relation to the act of contempt.
(2) Notwithstanding section 3109.01 of the Revised Code, if a juvenile court issues a child support order under this chapter, the order shall remain in effect beyond the child's eighteenth birthday as long as the child continuously attends on a full-time basis any recognized and accredited high school or the order provides that the duty of support of the child continues beyond the child's eighteenth birthday. Except in cases in which the order provides that the duty of support continues for any period after the child reaches nineteen years of age the order shall not remain in effect after the child reaches nineteen years of age. Any parent ordered to pay support under a child support order issued under this chapter shall continue to pay support under the order, including during seasonal vacation periods, until the order terminates.
(H) If a child who is charged with an act that would be an
offense if committed by an adult was fourteen years of age or older and under
eighteen years of age at the time of the alleged act and if the case is
transferred for criminal prosecution pursuant to section 2151.26
2152.12 of the
Revised Code, the
juvenile court does not have jurisdiction to hear or
determine the case subsequent to the transfer. The court to which the
case is transferred for criminal prosecution pursuant to that
section has jurisdiction subsequent to the transfer to hear and
determine the case in the same manner as if the case originally
had been commenced in that court, including, but not limited to,
jurisdiction to accept a plea of guilty or another plea
authorized by Criminal Rule 11 or another section
of the Revised Code and jurisdiction to accept a
verdict and to enter a judgment of conviction pursuant to the
Rules of Criminal Procedure against the
child for the commission of the offense that was the basis of the
transfer of the case for criminal prosecution, whether the
conviction is for the same degree or a lesser degree of the
offense charged, for the commission of a lesser-included offense,
or for the commission of another offense that is different from
the offense charged.
(I) If a person under eighteen
years of age allegedly commits an act that would be a felony if committed by
an adult and if the person is not
taken into custody or apprehended for that
act until after the person attains twenty-one years of age, the juvenile court
does not have jurisdiction to hear or determine any portion of the case
charging the person with committing that act. In those circumstances,
divisions (A) and (B) and (C) of section
2151.26
2152.12 of the
Revised Code do not apply regarding the act, and the case
charging the person with committing the act shall be a criminal prosecution
commenced and heard in the appropriate court having jurisdiction of the
offense as if the person had been eighteen years of age or older when the
person committed the act, all. All proceedings
pertaining to the act shall be
within the jurisdiction of the court having jurisdiction of
the offense, and
the that court having jurisdiction of the offense has all
the authority and duties
in the case as that it has in other criminal cases
commenced in that court.
Sec. 2151.24. The (A) Except as provided in division
(B) of this section, the board of county commissioners shall
provide a special room
not used for the trial of criminal or adult cases, when available, for the
hearing of the cases of dependent, neglected, abused, and delinquent children.
(B) Division (A) of this section does not apply to the case of an alleged delinquent child when the case is one in which the prosecuting attorney seeks a serious youthful offender disposition under section 2152.13 of the Revised Code.
Sec. 2151.27. (A)(1) Subject to division
(A)(2) of this section, any person having knowledge of a child
who appears to be a juvenile traffic offender or to be a
delinquent, an unruly, abused, neglected, or dependent child may
file a sworn complaint with respect to that child in the juvenile
court of the county in which the child has a residence or legal
settlement or in which the traffic offense, delinquency,
unruliness, abuse, neglect, or dependency allegedly occurred. If
an alleged abused, neglected, or dependent child is taken into
custody pursuant to division (D) of section 2151.31 of the
Revised Code or is taken into custody pursuant to division (A)
of section 2151.31 of the Revised Code without the filing of a
complaint and placed into shelter care pursuant to division (C)
of that section, a sworn complaint shall
be filed with respect to the child before the end of the next
day after the day on which the child was taken into
custody. The sworn complaint may be upon information and belief,
and, in addition to the allegation that the child is a delinquent,
an unruly, abused, neglected, or dependent child or a juvenile
traffic offender, the complaint shall allege the particular facts
upon which the allegation that the child is a delinquent, an
unruly,
abused, neglected, or dependent child or a juvenile traffic
offender is based.
(2) Any person having knowledge of a child who appears to be an
unruly or delinquent child for being an habitual or chronic
truant
may file a
sworn complaint with respect to that child and the parent,
guardian, or other person having care of the child in the juvenile
court of the county in which the child has a residence or legal
settlement or in which the child is supposed to attend public
school. The sworn complaint may be upon information and belief
and shall contain the following allegations:
(a) That the child is an unruly child for being an habitual truant
or the child is a delinquent child for being a chronic truant or an
habitual
truant who previously has been adjudicated an unruly child for being an
habitual truant and, in addition, the particular facts upon which that
allegation is based;
(b) That the parent, guardian, or other person having care of the child has failed to cause the child's attendance at school in violation of section 3321.38 of the Revised Code and, in addition, the particular facts upon which that allegation is based.
(B) If a child, before arriving at the age of eighteen
years, allegedly commits an act for which the child may be adjudicated a
delinquent child, an unruly child, or a juvenile traffic offender
and if the specific complaint alleging the act is not filed or a
hearing on that specific complaint is not held until after the
child arrives at the age of eighteen years, the court has
jurisdiction to hear and dispose of the complaint as if the
complaint were filed and the hearing held before the child
arrived at the age of eighteen years.
(C) If the complainant in a case in which a child is alleged to be an abused, neglected, or dependent child desires permanent custody of the child or children, temporary custody of the child or children, whether as the preferred or an alternative disposition, or the placement of the child in a planned permanent living arrangement, the complaint shall contain a prayer specifically requesting permanent custody, temporary custody, or the placement of the child in a planned permanent living arrangement.
(D) For purposes of the record to be maintained by the
clerk under division (B) of section 2151.18 of the Revised Code,
when a complaint is filed that alleges that a child is a
delinquent child, the court shall determine if the victim of the
alleged delinquent act was sixty-five years of age or older or
permanently and totally disabled at the time of the alleged
commission of the act.
(E) Any person with standing under applicable law may file
a complaint for the determination of any other matter over which
the juvenile court is given jurisdiction by section 2151.23 of
the Revised Code. The complaint shall be filed in the county in
which the child who is the subject of the complaint is found or
was last known to be found.
(F) Within ten days after the filing of a complaint, the
court shall give written notice of the filing of the complaint
and of the substance of the complaint to the superintendent of a
city, local, exempted village, or joint vocational school
district if the complaint alleges that a child committed an act
that would be a criminal offense if committed by an adult,
that the child was sixteen years of age or older at the time of
the commission of the alleged act, and that the alleged act is any
of the following:
(1) A violation of section 2923.122 of the Revised Code
that relates to property owned or controlled by, or to an
activity held under the auspices of, the board of education of
that school district;
(2) A violation of section 2923.12 of the Revised Code, of
a substantially similar municipal ordinance, or of section 2925.03 of
the Revised Code that was committed on property owned or
controlled by, or at an activity held under the auspices of, the
board of education of that school district;
(3) A violation of section 2925.11 of the Revised Code that was committed
on
property owned or controlled by, or at an activity held under the auspices of,
the board of education of that school district, other than a violation of that
section that would be a minor drug possession offense, as defined in section
2925.01 of the Revised Code, if committed by an adult;
(4) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the
Revised Code, or a violation of former section 2907.12 of the Revised Code,
that was committed on property owned or controlled
by, or at an activity held under the auspices of, the board of
education of that school district, if the victim at the time of
the commission of the alleged act was an employee of the board of
education of that school district.
(5) Complicity in any violation described in division
(F)(1), (2), (3), or (4) of this section that was alleged to have been
committed in the manner described in division (F)(1), (2), (3), or (4)
of this section, regardless of whether the act of complicity was
committed on property owned or controlled by, or at an activity
held under the auspices of, the board of education of that school
district.
(G)(E) A public children services agency, acting pursuant to
a
complaint or an action on a complaint filed under this section, is not subject
to the requirements of section 3109.27 of the Revised Code.
Sec. 2151.271. If Except in a case in which the child is alleged
to be a serious youthful offender under section 2152.13 of the Revised Code, if
the child resides in a county of the state and the
proceeding is commenced in a juvenile court of another county, that court, on
its own motion or a motion of a party, may transfer the proceeding to the
county of the child's residence upon the filing of the complaint
or after the
adjudicatory, or dispositional hearing, for such further proceeding as
required. The court of the child's residence shall then proceed as if the
original complaint had been filed in
that court. Transfer may also be made if
the residence of the child changes. The proceeding shall be so transferred if
other proceedings involving the child are pending in the juvenile court of the
county of his the child's residence.
Whenever a case is transferred to the county of the child's residence and it
appears to the court of that county that the interests of justice and the
convenience of the parties requires that the adjudicatory hearing be had in
the county wherein in which the complaint was filed,
the court may return the
proceeding to the county wherein in which the complaint was
filed for the purpose of
such the adjudicatory hearing. The court may thereafter proceed
as to the
transfer to the county of the child's legal residence as provided in this
section.
Certified copies of all legal and social records pertaining to the case shall accompany the transfer.
Sec. 2151.28. (A) No later than seventy-two hours after the complaint is filed, the court shall fix a time for an adjudicatory hearing. The court shall conduct the adjudicatory hearing within one of the following periods of time:
(1) If Subject to division (D) of section 2152.13 of the Revised Code,
if the complaint alleged that the child is a
delinquent or unruly child or a juvenile traffic offender, the
adjudicatory hearing shall be held and may be continued in
accordance with the Juvenile Rules.
(2) If the complaint alleged that the child is an abused, neglected, or dependent child, the adjudicatory hearing shall be held no later than thirty days after the complaint is filed, except that, for good cause shown, the court may continue the adjudicatory hearing for either of the following periods of time:
(a) For ten days beyond the thirty-day deadline to allow any party to obtain counsel;
(b) For a reasonable period of time beyond the thirty-day deadline to obtain service on all parties or any necessary evaluation, except that the adjudicatory hearing shall not be held later than sixty days after the date on which the complaint was filed.
(B) At an adjudicatory hearing held pursuant to division (A)(2) of this section, the court, in addition to determining whether the child is an abused, neglected, or dependent child, shall determine whether the child should remain or be placed in shelter care until the dispositional hearing. When the court makes the shelter care determination, all of the following apply:
(1) The court shall determine whether there are any relatives of the child who are willing to be temporary custodians of the child. If any relative is willing to be a temporary custodian, the child otherwise would remain or be placed in shelter care, and the appointment is appropriate, the court shall appoint the relative as temporary custodian of the child, unless the court appoints another relative as custodian. If it determines that the appointment of a relative as custodian would not be appropriate, it shall issue a written opinion setting forth the reasons for its determination and give a copy of the opinion to all parties and the guardian ad litem of the child.
The court's consideration of a relative for appointment as a temporary custodian does not make that relative a party to the proceedings.
(2) The court shall comply with section 2151.419 of the Revised Code.
(3) The court shall schedule the date for the dispositional hearing to be held pursuant to section 2151.35 of the Revised Code. The parents of the child have a right to be represented by counsel; however, in no case shall the dispositional hearing be held later than ninety days after the date on which the complaint was filed.
(C) The court shall direct the issuance of a summons directed to the child except as provided by this section, the parents, guardian, custodian, or other person with whom the child may be, and any other persons that appear to the court to be proper or necessary parties to the proceedings, requiring them to appear before the court at the time fixed to answer the allegations of the complaint. The summons shall contain the name and telephone number of the court employee designated by the court pursuant to section 2151.314 of the Revised Code to arrange for the prompt appointment of counsel for indigent persons. A child alleged to be an abused, neglected, or dependent child shall not be summoned unless the court so directs. A summons issued for a child who is under fourteen years of age and who is alleged to be a delinquent child, unruly child, or a juvenile traffic offender shall be served on the parent, guardian, or custodian of the child in the child's behalf.
If the person who has physical custody of the child, or with whom the child resides, is other than the parent or guardian, then the parents and guardian also shall be summoned. A copy of the complaint shall accompany the summons.
(D) If the complaint contains a prayer for permanent custody, temporary custody, whether as the preferred or an alternative disposition, or a planned permanent living arrangement in a case involving an alleged abused, neglected, or dependent child, the summons served on the parents shall contain as is appropriate an explanation that the granting of permanent custody permanently divests the parents of their parental rights and privileges, an explanation that an adjudication that the child is an abused, neglected, or dependent child may result in an order of temporary custody that will cause the removal of the child from their legal custody until the court terminates the order of temporary custody or permanently divests the parents of their parental rights, or an explanation that the issuance of an order for a planned permanent living arrangement will cause the removal of the child from the legal custody of the parents if any of the conditions listed in divisions (A)(5)(a) to (c) of section 2151.353 of the Revised Code are found to exist.
(E)(1) Except as otherwise provided in division (E)(2) of this section, the court may endorse upon the summons an order directing the parents, guardian, or other person with whom the child may be to appear personally at the hearing and directing the person having the physical custody or control of the child to bring the child to the hearing.
(2) In cases in which the complaint alleges that a child is an unruly or delinquent child for being an habitual or chronic truant and that the parent, guardian, or other person having care of the child has failed to cause the child's attendance at school, the court shall endorse upon the summons an order directing the parent, guardian, or other person having care of the child to appear personally at the hearing and directing the person having the physical custody or control of the child to bring the child to the hearing.
(F)(1) The summons shall contain a statement advising that any party is entitled to counsel in the proceedings and that the court will appoint counsel or designate a county public defender or joint county public defender to provide legal representation if the party is indigent.
(2) In cases in which the complaint alleges a child to be an abused, neglected, or dependent child and no hearing has been conducted pursuant to division (A) of section 2151.314 of the Revised Code with respect to the child or a parent, guardian, or custodian of the child does not attend the hearing, the summons also shall contain a statement advising that a case plan may be prepared for the child, the general requirements usually contained in case plans, and the possible consequences of failure to comply with a journalized case plan.
(G) If it appears from an affidavit filed or from sworn testimony before the court that the conduct, condition, or surroundings of the child are endangering the child's health or welfare or those of others, that the child may abscond or be removed from the jurisdiction of the court, or that the child will not be brought to the court, notwithstanding the service of the summons, the court may endorse upon the summons an order that a law enforcement officer serve the summons and take the child into immediate custody and bring the child forthwith to the court.
(H) A party, other than the child, may waive service of summons by written stipulation.
(I) Before any temporary commitment is made permanent, the court shall fix a time for hearing in accordance with section 2151.414 of the Revised Code and shall cause notice by summons to be served upon the parent or guardian of the child and the guardian ad litem of the child, or published, as provided in section 2151.29 of the Revised Code. The summons shall contain an explanation that the granting of permanent custody permanently divests the parents of their parental rights and privileges.
(J) Any person whose presence is considered necessary and who is not summoned may be subpoenaed to appear and testify at the hearing. Anyone summoned or subpoenaed to appear who fails to do so may be punished, as in other cases in the court of common pleas, for contempt of court. Persons subpoenaed shall be paid the same witness fees as are allowed in the court of common pleas.
(K) The failure of the court to hold an adjudicatory hearing within any time period set forth in division (A)(2) of this section does not affect the ability of the court to issue any order under this chapter and does not provide any basis for attacking the jurisdiction of the court or the validity of any order of the court.
(L) If the court, at an adjudicatory hearing held pursuant to division (A) of this section upon a complaint alleging that a child is an abused, neglected, dependent, delinquent, or unruly child or a juvenile traffic offender, determines that the child is a dependent child, the court shall incorporate that determination into written findings of fact and conclusions of law and enter those findings of fact and conclusions of law in the record of the case. The court shall include in those findings of fact and conclusions of law specific findings as to the existence of any danger to the child and any underlying family problems that are the basis for the court's determination that the child is a dependent child.
Sec. 2151.29. Service of summons, notices, and subpoenas,
prescribed by section 2151.28 of the Revised Code, shall be made
by delivering a copy to the person summoned, notified, or
subpoenaed, or by leaving a copy at his the person's usual place
of residence.
If the juvenile judge is satisfied that such service is
impracticable, he the juvenile judge may order service by
registered or certified
mail. If the person to be served is without the state but he the
person can
be found or his the person's address is known, or his
the person's whereabouts or address
can with reasonable diligence be ascertained, service of the
summons may be made by delivering a copy to him the person
personally or
mailing a copy to him the person by registered or certified
mail.
Whenever it appears by affidavit that after reasonable
effort the person to be served with summons cannot be found or
his the person's post-office address ascertained, whether
he the person is within or
without a state, the clerk shall publish such summons once in a
newspaper of general circulation throughout the county. The
summons shall state the substance and the time and place of the
hearing, which shall be held at least one week later than the
date of the publication. A copy of the summons and the complaint,
indictment, or information shall be sent by registered or certified
mail to the last
known
address of the person summoned unless it is shown by affidavit
that a reasonable effort has been made, without success, to
obtain such address.
A copy of the advertisement, the summons, and the
complaint,
indictment, or information,
accompanied by the certificate of the clerk that such publication
has been made and that such the summons and the
complaint, indictment, or information have
been
mailed as required by this section, is sufficient evidence of
publication and mailing. When a period of one week from the time
of publication has elapsed, the juvenile court shall have full
jurisdiction to deal with such child as provided by sections
2151.01 to 2151.99, inclusive, of the Revised Code.
Sec. 2151.31. (A) A child may be taken into custody in any of the following ways:
(1) Pursuant to an order of the court under this chapter or pursuant to an order of the court upon a motion filed pursuant to division (B) of section 2930.05 of the Revised Code;
(2) Pursuant to the laws of arrest;
(3) By a law enforcement officer or duly authorized officer of the court when any of the following conditions are present:
(a) There are reasonable grounds to believe that the child is suffering from illness or injury and is not receiving proper care, as described in section 2151.03 of the Revised Code, and the child's removal is necessary to prevent immediate or threatened physical or emotional harm;
(b) There are reasonable grounds to believe that the child is in immediate danger from the child's surroundings and that the child's removal is necessary to prevent immediate or threatened physical or emotional harm;
(c) There are reasonable grounds to believe that a parent, guardian, custodian, or other household member of the child's household has abused or neglected another child in the household and to believe that the child is in danger of immediate or threatened physical or emotional harm from that person.
(4) By an enforcement official, as defined in section 4109.01 of the Revised Code, under the circumstances set forth in section 4109.08 of the Revised Code;
(5) By a law enforcement officer or duly authorized officer of the court when there are reasonable grounds to believe that the child has run away from the child's parents, guardian, or other custodian;
(6) By a law enforcement officer or duly authorized officer of the court when any of the following apply:
(a) There are reasonable grounds to believe that the conduct, conditions, or surroundings of the child are endangering the health, welfare, or safety of the child.
(b) A complaint has been filed with respect to the child under section 2151.27 or 2152.021 of the Revised Code or the child has been indicted under division (A) of section 2152.13 of the Revised Code or charged by information as described in that section and there are reasonable grounds to believe that the child may abscond or be removed from the jurisdiction of the court.
(c) The child is required to appear in court and there are reasonable grounds to believe that the child will not be brought before the court when required.
(d) There are reasonable grounds to believe that the child committed a delinquent act and that taking the child into custody is necessary to protect the public interest and safety.
(B)(1) The taking of a child into custody is not and shall not be deemed an arrest except for the purpose of determining its validity under the constitution of this state or of the United States.
(2) Except as provided in division (C) of section 2151.311 of the Revised Code, a child taken into custody shall not be held in any state correctional institution, county, multicounty, or municipal jail or workhouse, or any other place where any adult convicted of crime, under arrest, or charged with crime is held.
(C) A (1) Except as provided in division (C)(2)
of this section, a child taken into custody shall not be confined in a
place of juvenile detention or placed in shelter care prior to
the implementation of the court's final order of disposition,
unless detention or shelter care is required to protect the
child from immediate or threatened physical or emotional harm,
because the child may abscond or be removed from the jurisdiction
of the court, because the child has no parents, guardian, or
custodian or other person able to provide supervision and care
for the child and return the child to the
court when required, or because an
order for placement of the child in detention or shelter care has
been made by the court pursuant to this chapter.
(2) A child alleged to be a delinquent child who is taken into custody may be confined in a place of juvenile detention prior to the implementation of the court's final order of disposition if the confinement is authorized under section 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 Code and is not released on bond.
(D) Upon receipt of notice from a person that the person intends to take an alleged abused, neglected, or dependent child into custody pursuant to division (A)(3) of this section, a juvenile judge or a designated referee may grant by telephone an ex parte emergency order authorizing the taking of the child into custody if there is probable cause to believe that any of the conditions set forth in divisions (A)(3)(a) to (c) of this section are present. The judge or referee shall journalize any ex parte emergency order issued pursuant to this division. If an order is issued pursuant to this division and the child is taken into custody pursuant to the order, a sworn complaint shall be filed with respect to the child before the end of the next business day after the day on which the child is taken into custody and a hearing shall be held pursuant to division (E) of this section and the Juvenile Rules. A juvenile judge or referee shall not grant an emergency order by telephone pursuant to this division until after the judge or referee determines that reasonable efforts have been made to notify the parents, guardian, or custodian of the child that the child may be placed into shelter care and of the reasons for placing the child into shelter care, except that, if the requirement for notification would jeopardize the physical or emotional safety of the child or result in the child being removed from the court's jurisdiction, the judge or referee may issue the order for taking the child into custody and placing the child into shelter care prior to giving notice to the parents, guardian, or custodian of the child.
(E) If a judge or referee pursuant to division (D) of this section issues an ex parte emergency order for taking a child into custody, the court shall hold a hearing to determine whether there is probable cause for the emergency order. The hearing shall be held before the end of the next business day after the day on which the emergency order is issued, except that it shall not be held later than seventy-two hours after the emergency order is issued.
If the court determines at the hearing that there is not probable cause for the issuance of the emergency order issued pursuant to division (D) of this section, it shall order the child released to the custody of the child's parents, guardian, or custodian. If the court determines at the hearing that there is probable cause for the issuance of the emergency order issued pursuant to division (D) of this section, the court shall do all of the following:
(1) Ensure that a complaint is filed or has been filed;
(2) Comply with section 2151.419 of the Revised Code;
(3) Hold a hearing pursuant to section 2151.314 of the Revised Code to determine if the child should remain in shelter care.
(F) If the court determines at the hearing held pursuant to division (E) of this section that there is probable cause to believe that the child is an abused child, as defined in division (A) of section 2151.031 of the Revised Code, the court may do any of the following:
(1) Upon the motion of any party, the guardian ad litem, the prosecuting attorney, or an employee of the public children services agency, or its own motion, issue reasonable protective orders with respect to the interviewing or deposition of the child;
(2) Order that the child's testimony be videotaped for preservation of the testimony for possible use in any other proceedings in the case;
(3) Set any additional conditions with respect to the child or the case involving the child that are in the best interest of the child.
(G) This section is not intended, and shall not be construed, to prevent any person from taking a child into custody, if taking the child into custody is necessary in an emergency to prevent the physical injury, emotional harm, or neglect of the child.
Sec. 2151.311. (A) A person taking a child into custody shall, with all reasonable speed and in accordance with division (C) of this section, either:
(1) Release the child to the child's parents, guardian, or other custodian, unless the child's detention or shelter care appears to be warranted or required as provided in section 2151.31 of the Revised Code;
(2) Bring the child to the court or deliver the child to a place of detention or shelter care designated by the court and promptly give notice thereof, together with a statement of the reason for taking the child into custody, to a parent, guardian, or other custodian and to the court.
(B) If a parent, guardian, or other custodian fails, when requested by the court, to bring the child before the court as provided by this section, the court may issue its warrant directing that the child be taken into custody and brought before the court.
(C)(1) Before taking any action required by division (A) of this section, a person taking a child into custody may hold the child for processing purposes in a county, multicounty, or municipal jail or workhouse, or other place where an adult convicted of crime, under arrest, or charged with crime is held for either of the following periods of time:
(a) For a period not to exceed six hours, if all of the following apply:
(i) The child is alleged to be a delinquent child for the commission of an act that would be a felony if committed by an adult;
(ii) The child remains beyond the range of touch of all adult detainees;
(iii) The child is visually supervised by jail or workhouse personnel at all times during the detention;
(iv) The child is not handcuffed or otherwise physically secured to a stationary object during the detention.
(b) For a period not to exceed three hours, if all of the following apply:
(i) The child is alleged to be a delinquent child for the commission of an act that would be a misdemeanor if committed by an adult, is alleged to be a delinquent child for being a chronic truant or an habitual truant who previously has been adjudicated an unruly child for being an habitual truant, or is alleged to be an unruly child or a juvenile traffic offender;
(ii) The child remains beyond the range of touch of all adult detainees;
(iii) The child is visually supervised by jail or workhouse personnel at all times during the detention;
(iv) The child is not handcuffed or otherwise physically secured to a stationary object during the detention.
(2) If a child has been transferred to an adult court for
prosecution for the alleged commission of a criminal offense, subsequent to
the transfer, the child may be held as described in
division (F) of section 2151.312 2152.26 or division (B) of
section
5120.16 of the Revised Code.
(D) As used in division (C)(1) of this section, "processing purposes" means all of the following:
(1) Fingerprinting, photographing, or fingerprinting and photographing the child in a secure area of the facility;
(2) Interrogating the child, contacting the child's parent or guardian, arranging for placement of the child, or arranging for transfer or transferring the child, while holding the child in a nonsecure area of the facility.
Sec. 2151.312. (A) A child alleged to be or adjudicated an unruly child may be held only in the following places:
(1) A certified family foster home or a home approved by the court;
(2) A facility operated by a certified child welfare agency;
(3) Any other suitable place designated by the court.
(B)(1) Except as provided under division (C)(1) of section 2151.311 of the Revised Code, a child alleged to be or adjudicated a neglected child, an abused child, a dependent child, or an unruly child may not be held in any of the following facilities:
(a) A state correctional institution, county, multicounty, or municipal jail or workhouse, or other place in which an adult convicted of a crime, under arrest, or charged with a crime is held;
(b) A secure correctional facility.
(2) Except as provided under sections 2151.26 to 2151.61 of the Revised Code and division (B)(3) of this section, a child alleged to be or adjudicated an unruly child may not be held for more than twenty-four hours in a detention facility. A child alleged to be or adjudicated a neglected child, an abused child, or a dependent child shall not be held in a detention facility.
(3) A child who is alleged to be or adjudicated an unruly child and who is taken into custody on a Saturday, Sunday, or legal holiday, as listed in section 1.14 of the Revised Code, may be held in a detention facility until the next succeeding day that is not a Saturday, Sunday, or legal holiday.
Sec. 2151.313. (A)(1) Except as provided in division (A)(2) of this section and in sections 109.57, 109.60, and 109.61 of the Revised Code, no child shall be fingerprinted or photographed in the investigation of any violation of law without the consent of the juvenile judge.
(2) Subject to division (A)(3) of this section, a law enforcement officer may fingerprint and photograph a child without the consent of the juvenile judge when the child is arrested or otherwise taken into custody for the commission of an act that would be an offense, other than a traffic offense or a minor misdemeanor, if committed by an adult, and there is probable cause to believe that the child may have been involved in the commission of the act. A law enforcement officer who takes fingerprints or photographs of a child under division (A)(2) of this section immediately shall inform the juvenile court that the fingerprints or photographs were taken and shall provide the court with the identity of the child, the number of fingerprints and photographs taken, and the name and address of each person who has custody and control of the fingerprints or photographs or copies of the fingerprints or photographs.
(3) This section does not apply to a child to whom either of the following applies:
(a) The child has been arrested or otherwise taken into custody for committing, or has been adjudicated a delinquent child for committing, an act that would be a felony if committed by an adult or has been convicted of or pleaded guilty to committing a felony.
(b) There is probable cause to believe that the child may have committed an act that would be a felony if committed by an adult.
(B)(1) Subject to divisions (B)(4), (5), and (6) of this
section, all fingerprints and photographs of a child obtained or
taken under division (A)(1) or (2) of this section, and any
records of the arrest or custody of the child that was the basis
for the taking of the fingerprints or photographs, initially may
be retained only until the expiration of thirty days after the
date taken, except that the court may limit the initial retention
of fingerprints and photographs of a child obtained under
division (A)(1) of this section to a shorter period of time and
except that, if the child is adjudicated a delinquent child for
the commission of an act described in division (B)(3) of this
section or is convicted of or pleads guilty to a criminal offense
for the commission of an act described in division (B)(3) of this
section, the fingerprints and photographs, and the records of the
arrest or custody of the child that was the basis for the taking
of the fingerprints and photographs, shall be retained in
accordance with division (B)(3) of this section. During the
initial period of retention, the fingerprints and photographs of
a child, copies of the fingerprints and photographs, and records
of the arrest or custody of the child shall be used or released
only in accordance with division (C) of this section. At the
expiration of the initial period for which fingerprints and
photographs of a child, copies of fingerprints and photographs of
a child, and records of the arrest or custody of a child may be
retained under this division, if no complaint, indictment, or
information is pending against
the child in relation to the act for which the fingerprints and
photographs originally were obtained or taken and if the child
has neither been adjudicated a delinquent child for the
commission of that act nor been convicted of or pleaded guilty to
a criminal offense based on that act subsequent to a transfer of
the child's case for criminal prosecution pursuant to section
2151.26 2152.12 of the Revised Code, the fingerprints and
photographs of
the child, all copies of the fingerprints and photographs, and
all records of the arrest or custody of the child that was the
basis of the taking of the fingerprints and photographs shall be
removed from the file and delivered to the juvenile court.
(2) If, at the expiration of the initial period of retention set forth in division (B)(1) of this section, a complaint, indictment, or information is pending against the child in relation to the act for which the fingerprints and photographs originally were obtained or the child either has been adjudicated a delinquent child for the commission of an act other than an act described in division (B)(3) of this section or has been convicted of or pleaded guilty to a criminal offense for the commission of an act other than an act described in division (B)(3) of this section subsequent to transfer of the child's case, the fingerprints and photographs of the child, copies of the fingerprints and photographs, and the records of the arrest or custody of the child that was the basis of the taking of the fingerprints and photographs may further be retained, subject to division (B)(4) of this section, until the earlier of the expiration of two years after the date on which the fingerprints or photographs were taken or the child attains eighteen years of age, except that, if the child is adjudicated a delinquent child for the commission of an act described in division (B)(3) of this section or is convicted of or pleads guilty to a criminal offense for the commission of an act described in division (B)(3) of this section, the fingerprints and photographs, and the records of the arrest or custody of the child that was the basis for the taking of the fingerprints and photographs, shall be retained in accordance with division (B)(3) of this section.
Except as otherwise provided in division (B)(3) of this section, during this additional period of retention, the fingerprints and photographs of a child, copies of the fingerprints and photographs of a child, and records of the arrest or custody of a child shall be used or released only in accordance with division (C) of this section. At the expiration of the additional period, if no complaint, indictment, or information is pending against the child in relation to the act for which the fingerprints originally were obtained or taken or in relation to another act for which the fingerprints were used as authorized by division (C) of this section and that would be a felony if committed by an adult, the fingerprints of the child, all copies of the fingerprints, and all records of the arrest or custody of the child that was the basis of the taking of the fingerprints shall be removed from the file and delivered to the juvenile court, and, if no complaint, indictment, or information is pending against the child concerning the act for which the photographs originally were obtained or taken or concerning an act that would be a felony if committed by an adult, the photographs and all copies of the photographs, and, if no fingerprints were taken at the time the photographs were taken, all records of the arrest or custody that was the basis of the taking of the photographs shall be removed from the file and delivered to the juvenile court. In either case, if, at the expiration of the applicable additional period, such a complaint, indictment, or information is pending against the child, the photographs and copies of the photographs of the child, or the fingerprints and copies of the fingerprints of the child, whichever is applicable, and the records of the arrest or custody of the child may be retained, subject to division (B)(4) of this section, until final disposition of the complaint, indictment, or information, and, upon final disposition of the complaint, indictment, or information, they shall be removed from the file and delivered to the juvenile court, except that, if the child is adjudicated a delinquent child for the commission of an act described in division (B)(3) of this section or is convicted of or pleads guilty to a criminal offense for the commission of an act described in division (B)(3) of this section, the fingerprints and photographs, and the records of the arrest or custody of the child that was the basis for the taking of the fingerprints and photographs, shall be retained in accordance with division (B)(3) of this section.
(3) If a child is adjudicated a delinquent child for violating section 2923.42 of the Revised Code or for committing an act that would be a misdemeanor offense of violence if committed by an adult, or is convicted of or pleads guilty to a violation of section 2923.42 of the Revised Code, a misdemeanor offense of violence, or a violation of an existing or former municipal ordinance or law of this state, another state, or the United States that is substantially equivalent to section 2923.42 of the Revised Code or any misdemeanor offense of violence, both of the following apply:
(a) Originals and copies of fingerprints and photographs of the child obtained or taken under division (A)(1) of this section, and any records of the arrest or custody that was the basis for the taking of the fingerprints or photographs, may be retained for the period of time specified by the juvenile judge in that judge's grant of consent for the taking of the fingerprints or photographs. Upon the expiration of the specified period, all originals and copies of the fingerprints, photographs, and records shall be delivered to the juvenile court or otherwise disposed of in accordance with any instructions specified by the juvenile judge in that judge's grant of consent. During the period of retention of the photographs and records, all originals and copies of them shall be retained in a file separate and apart from all photographs taken of adults. During the period of retention of the fingerprints, all originals and copies of them may be maintained in the files of fingerprints taken of adults. If the juvenile judge who grants consent for the taking of fingerprints and photographs under division (A)(1) of this section does not specify a period of retention in that judge's grant of consent, originals and copies of the fingerprints, photographs, and records may be retained in accordance with this section as if the fingerprints and photographs had been taken under division (A)(2) of this section.
(b) Originals and copies of fingerprints and photographs taken under division (A)(2) of this section, and any records of the arrest or custody that was the basis for the taking of the fingerprints or photographs, may be retained for the period of time and in the manner specified in division (B)(3)(b) of this section. Prior to the child's attainment of eighteen years of age, all originals and copies of the photographs and records shall be retained and shall be kept in a file separate and apart from all photographs taken of adults. During the period of retention of the fingerprints, all originals and copies of them may be maintained in the files of fingerprints taken of adults. Upon the child's attainment of eighteen years of age, all originals and copies of the fingerprints, photographs, and records shall be disposed of as follows:
(i) If the juvenile judge issues or previously has issued an order that specifies a manner of disposition of the originals and copies of the fingerprints, photographs, and records, they shall be delivered to the juvenile court or otherwise disposed of in accordance with the order.
(ii) If the juvenile judge does not issue and has not previously issued an order that specifies a manner of disposition of the originals and copies of the fingerprints not maintained in adult files, photographs, and records, the law enforcement agency, in its discretion, either shall remove all originals and copies of them from the file in which they had been maintained and transfer them to the files that are used for the retention of fingerprints and photographs taken of adults who are arrested for, otherwise taken into custody for, or under investigation for the commission of a criminal offense or shall remove them from the file in which they had been maintained and deliver them to the juvenile court. If the originals and copies of any fingerprints of a child who attains eighteen years of age are maintained in the files of fingerprints taken of adults or if pursuant to division (B)(3)(b)(ii) of this section the agency transfers the originals and copies of any fingerprints not maintained in adult files, photographs, or records to the files that are used for the retention of fingerprints and photographs taken of adults who are arrested for, otherwise taken into custody for, or under investigation for the commission of a criminal offense, the originals and copies of the fingerprints, photographs, and records may be maintained, used, and released after they are maintained in the adult files or after the transfer as if the fingerprints and photographs had been taken of, and as if the records pertained to, an adult who was arrested for, otherwise taken into custody for, or under investigation for the commission of a criminal offense.
(4) If a sealing or expungement order issued under section 2151.358 of the Revised Code requires the sealing or destruction of any fingerprints or photographs of a child obtained or taken under division (A)(1) or (2) of this section or of the records of an arrest or custody of a child that was the basis of the taking of the fingerprints or photographs prior to the expiration of any period for which they otherwise could be retained under division (B)(1), (2), or (3) of this section, the fingerprints, photographs, and arrest or custody records that are subject to the order and all copies of the fingerprints, photographs, and arrest or custody records shall be sealed or destroyed in accordance with the order.
(5) All fingerprints of a child, photographs of a child, records of an arrest or custody of a child, and copies delivered to a juvenile court in accordance with division (B)(1), (2), or (3) of this section shall be destroyed by the court, provided that, if a complaint is filed against the child in relation to any act to which the records pertain, the court shall maintain all records of an arrest or custody of a child so delivered for at least three years after the final disposition of the case or after the case becomes inactive.
(6)(a) All photographs of a child and records of an arrest or custody of a child retained pursuant to division (B) of this section and not delivered to a juvenile court shall be kept in a file separate and apart from fingerprints, photographs, and records of an arrest or custody of an adult. All fingerprints of a child retained pursuant to division (B) of this section and not delivered to a juvenile court may be maintained in the files of fingerprints taken of adults.
(b) If a child who is the subject of photographs or fingerprints is adjudicated a delinquent child for the commission of an act that would be an offense, other than a traffic offense or a minor misdemeanor, if committed by an adult or is convicted of or pleads guilty to a criminal offense, other than a traffic offense or a minor misdemeanor, all fingerprints not maintained in the files of fingerprints taken of adults and all photographs of the child, and all records of the arrest or custody of the child that is the basis of the taking of the fingerprints or photographs, that are retained pursuant to division (B) of this section and not delivered to a juvenile court shall be kept in a file separate and apart from fingerprints, photographs, and arrest and custody records of children who have not been adjudicated a delinquent child for the commission of an act that would be an offense, other than a traffic offense or a minor misdemeanor, if committed by an adult and have not been convicted of or pleaded guilty to a criminal offense other than a traffic offense or a minor misdemeanor.
(C) Until they are delivered to the juvenile court or sealed, transferred in accordance with division (B)(3)(b) of this section, or destroyed pursuant to a sealing or expungement order, the originals and copies of fingerprints and photographs of a child that are obtained or taken pursuant to division (A)(1) or (2) of this section, and the records of the arrest or custody of the child that was the basis of the taking of the fingerprints or photographs, shall be used or released only as follows:
(1) During the initial thirty-day period of retention, originals and copies of fingerprints and photographs of a child, and records of the arrest or custody of a child, shall be used, prior to the filing of a complaint or information against or the obtaining of an indictment of the child in relation to the act for which the fingerprints and photographs were originally obtained or taken, only for the investigation of that act and shall be released, prior to the filing of the complaint, only to a court that would have jurisdiction of the child's case under this chapter. Subsequent to the filing of a complaint or information or the obtaining of an indictment, originals and copies of fingerprints and photographs of a child, and records of the arrest or custody of a child, shall be used or released during the initial thirty-day period of retention only as provided in division (C)(2)(a), (b), or (c) of this section.
(2) Originals and copies of fingerprints and photographs of a child, and records of the arrest or custody of a child, that are retained beyond the initial thirty-day period of retention subsequent to the filing of a complaint or information or the obtaining of an indictment, a delinquent child adjudication, or a conviction of or guilty plea to a criminal offense shall be used or released only as follows:
(a) Originals and copies of photographs of a child, and, if no fingerprints were taken at the time the photographs were taken, records of the arrest or custody of the child that was the basis of the taking of the photographs, may be used only as follows:
(i) They may be used for the investigation of the act for which they originally were obtained or taken; if the child who is the subject of the photographs is a suspect in the investigation, for the investigation of any act that would be an offense if committed by an adult; and for arresting or bringing the child into custody.
(ii) If the child who is the subject of the photographs is adjudicated a delinquent child for the commission of an act that would be a felony if committed by an adult or is convicted of or pleads guilty to a criminal offense that is a felony as a result of the arrest or custody that was the basis of the taking of the photographs, a law enforcement officer may use the photographs for a photo line-up conducted as part of the investigation of any act that would be a felony if committed by an adult, whether or not the child who is the subject of the photographs is a suspect in the investigation.
(b) Originals and copies of fingerprints of a child, and records of the arrest or custody of the child that was the basis of the taking of the fingerprints, may be used only for the investigation of the act for which they originally were obtained or taken; if a child is a suspect in the investigation, for the investigation of another act that would be an offense if committed by an adult; and for arresting or bringing the child into custody.
(c) Originals and copies of fingerprints, photographs, and records of the arrest or custody that was the basis of the taking of the fingerprints or photographs shall be released only to the following:
(i) Law enforcement officers of this state or a political subdivision of this state, upon notification to the juvenile court of the name and address of the law enforcement officer or agency to whom or to which they will be released;
(ii) A court that has jurisdiction of the child's case
under Chapter Chapters 2151. and 2152. of
the Revised Code or subsequent to a
transfer of the child's case for criminal prosecution pursuant to
section 2151.26 2152.12 of the Revised Code.
(D) No person shall knowingly do any of the following:
(1) Fingerprint or photograph a child in the investigation of any violation of law other than as provided in division (A)(1) or (2) of this section or in sections 109.57, 109.60, and 109.61 of the Revised Code;
(2) Retain fingerprints or photographs of a child obtained or taken under division (A)(1) or (2) of this section, copies of fingerprints or photographs of that nature, or records of the arrest or custody that was the basis of the taking of fingerprints or photographs of that nature other than in accordance with division (B) of this section;
(3) Use or release fingerprints or photographs of a child obtained or taken under division (A)(1) or (2) of this section, copies of fingerprints or photographs of that nature, or records of the arrest or custody that was the basis of the taking of fingerprints or photographs of that nature other than in accordance with division (B) or (C) of this section.
Sec. 2151.314. (A) When a child is brought before the court or delivered to a place of detention or shelter care designated by the court, the intake or other authorized officer of the court shall immediately make an investigation and shall release the child unless it appears that the child's detention or shelter care is warranted or required under section 2151.31 of the Revised Code.
If the child is not so released, a complaint under section 2151.27 or 2152.021 or an information under section 2152.13 of the Revised Code shall be filed or an indictment under division (C) of section 2152.13 of the Revised Code shall be sought and an informal detention or shelter care hearing held promptly, not later than seventy-two hours after the child is placed in detention or shelter care, to determine whether detention or shelter care is required. Reasonable oral or written notice of the time, place, and purpose of the detention or shelter care hearing shall be given to the child and, if they can be found, to the child's parents, guardian, or custodian. In cases in which the complaint alleges a child to be an abused, neglected, or dependent child, the notice given the parents, guardian, or custodian shall inform them that a case plan may be prepared for the child, the general requirements usually contained in case plans, and the possible consequences of the failure to comply with a journalized case plan.
Prior to the hearing, the court shall inform the parties of their right to counsel and to appointed counsel or to the services of the county public defender or joint county public defender, if they are indigent, of the child's right to remain silent with respect to any allegation of delinquency, and of the name and telephone number of a court employee who can be contacted during the normal business hours of the court to arrange for the prompt appointment of counsel for any party who is indigent. Unless it appears from the hearing that the child's detention or shelter care is required under the provisions of section 2151.31 of the Revised Code, the court shall order the child's release as provided by section 2151.311 of the Revised Code. If a parent, guardian, or custodian has not been so notified and did not appear or waive appearance at the hearing, upon the filing of an affidavit stating these facts, the court shall rehear the matter without unnecessary delay.
(B) When the court conducts a hearing pursuant to division (A) of this section, all of the following apply:
(1) The court shall determine whether an alleged abused, neglected, or dependent child should remain or be placed in shelter care;
(2) The court shall determine whether there are any relatives of the child who are willing to be temporary custodians of the child. If any relative is willing to be a temporary custodian, the child would otherwise be placed or retained in shelter care, and the appointment is appropriate, the court shall appoint the relative as temporary custodian of the child, unless the court appoints another relative as temporary custodian. If it determines that the appointment of a relative as custodian would not be appropriate, it shall issue a written opinion setting forth the reasons for its determination and give a copy of the opinion to all parties and to the guardian ad litem of the child.
The court's consideration of a relative for appointment as a temporary custodian does not make that relative a party to the proceedings.
(3) The court shall comply with section 2151.419 of the Revised Code.
(C) If a child is in shelter care following the filing of a complaint pursuant to section 2151.27 or 2152.021 of the Revised Code, the filing of an information, or the obtaining of an indictment or following a hearing held pursuant to division (A) of this section, any party, including the public children services agency, and the guardian ad litem of the child may file a motion with the court requesting that the child be released from shelter care. The motion shall state the reasons why the child should be released from shelter care and, if a hearing has been held pursuant to division (A) of this section, any changes in the situation of the child or the parents, guardian, or custodian of the child that have occurred since that hearing and that justify the release of the child from shelter care. Upon the filing of the motion, the court shall hold a hearing in the same manner as under division (A) of this section.
(D) Each juvenile court shall designate at least one court employee
to assist persons who are indigent in obtaining appointed
counsel. The court shall include in each notice given pursuant
to division (A) or (C) of this section and in each summons served
upon a party pursuant to this chapter, the name and telephone
number at which the each designated employee can be contacted
during
the normal business hours of the court to arrange for prompt
appointment of counsel for indigent persons.
Sec. 2151.35. (A)(1) The Except as otherwise provided by division
(A)(3) of this section or
in section 2152.13 of the Revised Code, the juvenile
court may conduct its
hearings in an informal manner and may adjourn its hearings
from
time to time. In the hearing of any case, the court may exclude
the
general public from its hearings in a particular case if the court holds a
separate hearing to determine whether that exclusion IS
APPROPRIATE. If the court decides that exclusion of the general public
is appropriate, the court still may
be
excluded and only admit to a particular hearing or all of the hearings
relating to a particular case those persons admitted
who have a direct interest
in the case and those who demonstrate that their need for access outweighs
the interest in keeping the hearing closed.
Except cases involving children who are alleged to be unruly or delinquent children for being habitual or chronic truants and except as otherwise provided in section 2152.13 of the Revised Code, all cases involving children shall be heard separately and apart from the trial of cases against adults. The court may excuse the attendance of the child at the hearing in cases involving abused, neglected, or dependent children. The court shall hear and determine all cases of children without a jury, except cases involving serious youthful offenders under section 2152.13 of the Revised Code.
If a complaint alleges a child to be a delinquent child, unruly child, or juvenile traffic offender, the court shall require the parent, guardian, or custodian of the child to attend all proceedings of the court regarding the child. If a parent, guardian, or custodian fails to so attend, the court may find the parent, guardian, or custodian in contempt.
If the court at the adjudicatory hearing finds from clear
and convincing evidence that the child is an abused, neglected,
or dependent child, the court shall proceed, in accordance with
division (B) of this section, to hold a dispositional hearing and
hear the evidence as to the proper disposition to be made under
section 2151.353 of the Revised Code. If the court at the
adjudicatory hearing finds beyond a reasonable doubt that the
child is a delinquent or unruly child or a juvenile traffic
offender, the court shall proceed immediately, or at a postponed
hearing, to hear the evidence as to the proper disposition to be
made under sections 2151.352 to 2151.355 section 2151.354 or
Chapter 2152. of the Revised Code.
If the court at the adjudicatory hearing finds beyond a reasonable
doubt that the child is an unruly child for being an habitual truant,
or that the child is an unruly child for being an habitual truant
and that the parent, guardian, or other person having care of the
child has failed to cause the child's attendance at school in
violation of section 3321.38 of the Revised Code,
the court shall proceed to hold a hearing to hear the evidence as to the
proper disposition to be made in regard to the child under division
(C)(1) of section 2151.354 of the
Revised Code and the proper action to take in regard
to the parent, guardian, or other person having care of the child under
division (C)(2) of section 2151.354 of the Revised Code.
If the court at the adjudicatory hearing finds beyond a reasonable
doubt that the child is a delinquent child for being a chronic truant or
for being an habitual truant who previously has been adjudicated an unruly
child for being an habitual truant, or that the child is a
delinquent child for either of those reasons and the parent, guardian, or
other person having care of the child has failed to cause the
child's attendance at school in violation of section 3321.38 of
the Revised Code, the court shall proceed to hold a hearing to
hear the evidence as to the proper disposition to be made in regard to
the child under division
(A)(24)(6)(a) of section 2151.355 2152.19 of
the Revised Code
and the proper action to take in regard to the
parent, guardian, or other person having care of the child under division
(A)(24)(6)(b) of section 2151.355 2152.19 of
the Revised Code.
If the court does not find the child to be an abused, neglected,
dependent, delinquent, or unruly child or a juvenile traffic
offender, it shall order that the complaint case be dismissed
and that
the child be discharged from any detention or restriction
theretofore ordered.
(2) A record of all testimony and other oral proceedings in juvenile court shall be made in all proceedings that are held pursuant to section 2151.414 of the Revised Code or in which an order of disposition may be made pursuant to division (A)(4) of section 2151.353 of the Revised Code, and shall be made upon request in any other proceedings. The record shall be made as provided in section 2301.20 of the Revised Code.
(3) The authority of a juvenile court to exclude the general public from its hearings that is provided by division (A)(1) of this section does not limit or affect any right of a victim of a crime or delinquent act, or of a victim's representative, under Chapter 2930. of the Revised Code.
(B)(1) If the court at an adjudicatory hearing determines that a child is an abused, neglected, or dependent child, the court shall not issue a dispositional order until after the court holds a separate dispositional hearing. The court may hold the dispositional hearing for an adjudicated abused, neglected, or dependent child immediately after the adjudicatory hearing if all parties were served prior to the adjudicatory hearing with all documents required for the dispositional hearing. The dispositional hearing may not be held more than thirty days after the adjudicatory hearing is held. The court, upon the request of any party or the guardian ad litem of the child, may continue a dispositional hearing for a reasonable time not to exceed the time limits set forth in this division to enable a party to obtain or consult counsel. The dispositional hearing shall not be held more than ninety days after the date on which the complaint in the case was filed.
If the dispositional hearing is not held within the period of time required by this division, the court, on its own motion or the motion of any party or the guardian ad litem of the child, shall dismiss the complaint without prejudice.
(2) The dispositional hearing shall be conducted in accordance with all of the following:
(a) The judge or referee who presided at the adjudicatory hearing shall preside, if possible, at the dispositional hearing;
(b) The court may admit any evidence that is material and relevant, including, but not limited to, hearsay, opinion, and documentary evidence;
(c) Medical examiners and each investigator who prepared a social history shall not be cross-examined, except upon consent of the parties, for good cause shown, or as the court in its discretion may direct. Any party may offer evidence supplementing, explaining, or disputing any information contained in the social history or other reports that may be used by the court in determining disposition.
(3) After the conclusion of the dispositional hearing, the court shall enter an appropriate judgment within seven days and shall schedule the date for the hearing to be held pursuant to section 2151.415 of the Revised Code. The court may make any order of disposition that is set forth in section 2151.353 of the Revised Code. A copy of the judgment shall be given to each party and to the child's guardian ad litem. If the judgment is conditional, the order shall state the conditions of the judgment. If the child is not returned to the child's own home, the court shall determine which school district shall bear the cost of the child's education and shall comply with section 2151.36 of the Revised Code.
(4) As part of its dispositional order, the court may issue any order described in division (B) of section 2151.33 of the Revised Code.
(C) The court shall give all parties to the action and the child's guardian ad litem notice of the adjudicatory and dispositional hearings in accordance with the Juvenile Rules.
(D) If the court issues an order pursuant to division (A)(4) of section 2151.353 of the Revised Code committing a child to the permanent custody of a public children services agency or a private child placing agency, the parents of the child whose parental rights were terminated cease to be parties to the action upon the issuance of the order. This division is not intended to eliminate or restrict any right of the parents to appeal the permanent custody order issued pursuant to division (A)(4) of section 2151.353 of the Revised Code.
(E) Each juvenile court shall schedule its hearings in accordance with the time requirements of this chapter.
(F) In cases regarding abused, neglected, or dependent children, the court may admit any statement of a child that the court determines to be excluded by the hearsay rule if the proponent of the statement informs the adverse party of the proponent's intention to offer the statement and of the particulars of the statement, including the name of the declarant, sufficiently in advance of the hearing to provide the party with a fair opportunity to prepare to challenge, respond to, or defend against the statement, and the court determines all of the following:
(1) The statement has circumstantial guarantees of trustworthiness;
(2) The statement is offered as evidence of a material fact;
(3) The statement is more probative on the point for which it is offered than any other evidence that the proponent can procure through reasonable efforts;
(4) The general purposes of the evidence rules and the interests of justice will best be served by the admission of the statement into evidence.
(G) If a child is alleged to be an abused child, the court may order that the testimony of the child be taken by deposition. On motion of the prosecuting attorney, guardian ad litem, or any party, or in its own discretion, the court may order that the deposition be videotaped. Any deposition taken under this division shall be taken with a judge or referee present.
If a deposition taken under this division is intended to be offered as evidence at the hearing, it shall be filed with the court. Part or all of the deposition is admissible in evidence if counsel for all parties had an opportunity and similar motive at the time of the taking of the deposition to develop the testimony by direct, cross, or redirect examination and the judge determines that there is reasonable cause to believe that if the child were to testify in person at the hearing, the child would experience emotional trauma as a result of participating at the hearing.
Sec. 2151.352. A
child, his or the child's parents, custodian, or
other
person in loco parentis of such child is entitled to
representation by legal counsel at all stages of the proceedings
under this chapter or Chapter 2152. of the Revised Code and if, as an
indigent person, he any such person is unable to
employ counsel, to
have counsel provided for him the person pursuant to Chapter
120. of the
Revised Code. If a party appears without counsel, the court
shall ascertain whether he the party knows of his the
party's right to counsel and of
his the party's right to be provided with counsel if he
the party is an indigent
person. The court may continue the case to enable a party to
obtain counsel or to be represented by the county public defender
or the joint county public defender and shall provide counsel
upon request pursuant to Chapter 120. of the Revised Code.
Counsel must be provided for a child not represented by his the
child's
parent, guardian, or custodian. If the interests of two or more
such parties conflict, separate counsel shall be provided for
each of them.
Section 2935.14 of the Revised Code applies to any child taken into custody . The parents, custodian, or guardian of such child, and any attorney at law representing them or the child, shall be entitled to visit such child at any reasonable time, be present at any hearing involving the child, and be given reasonable notice of such hearing.
Any report or part thereof concerning such child, which is used in the hearing and is pertinent thereto, shall for good cause shown be made available to any attorney at law representing such child and to any attorney at law representing the parents, custodian, or guardian of such child, upon written request prior to any hearing involving such child.
Sec. 2151.354. (A) If the child is adjudicated an unruly child, the court may:
(1) Make any of the dispositions authorized under section 2151.353 of the Revised Code;
(2) Place the child on probation community control under any
sanctions, services, and conditions that the court prescribes,
as described in division (A)(3) of section 2152.19 of the Revised Code;
(3) Suspend or revoke the driver's license, probationary driver's license, or temporary instruction permit issued to the child and suspend or revoke the registration of all motor vehicles registered in the name of the child. A child whose license or permit is so suspended or revoked is ineligible for issuance of a license or permit during the period of suspension or revocation. At the end of the period of suspension or revocation, the child shall not be reissued a license or permit until the child has paid any applicable reinstatement fee and complied with all requirements governing license reinstatement.
(4) Commit the child to the temporary or permanent custody of the court;
(5) If, after making a disposition under division (A)(1),
(2), or (3) of this section, the court finds upon further hearing
that the child is not amenable to treatment or rehabilitation
under that disposition, make a disposition otherwise authorized
under divisions (A)(1), (2) (3), (4), and (A)(8) to
(12)(7) of section 2151.355 2152.19 of the
Revised Code,
except that the child may not be
committed to or placed in a secure correctional facility, and commitment to or
placement in a detention home facility may not exceed
twenty-four hours unless
authorized by division (C)(B)(3) of section 2151.312 or
sections 2151.56
to 2151.61 of the Revised Code.
(B) If a child is adjudicated an unruly child for committing any act that, if committed by an adult, would be a drug abuse offense, as defined in section 2925.01 of the Revised Code, or a violation of division (B) of section 2917.11 of the Revised Code, then, in addition to imposing, in its discretion, any other order of disposition authorized by this section, the court shall do both of the following:
(1) Require the child to participate in a drug abuse or alcohol abuse counseling program;
(2) Suspend or revoke the temporary instruction permit, probationary driver's license, or driver's license issued to the child for a period of time prescribed by the court or, at the discretion of the court, until the child attends and satisfactorily completes a drug abuse or alcohol abuse education, intervention, or treatment program specified by the court. During the time the child is attending the program, the court shall retain any temporary instruction permit, probationary driver's license, or driver's license issued to the child and shall return the permit or license when the child satisfactorily completes the program.
(C)(1) If a child is adjudicated an unruly child for being an habitual truant, in addition to or in lieu of imposing any other order of disposition authorized by this section, the court may do any of the following:
(a) Order the board of education of the child's school district or the governing board of the educational service center in the child's school district to require the child to attend an alternative school if an alternative school has been established pursuant to section 3313.533 of the Revised Code in the school district in which the child is entitled to attend school;
(b) Require the child to participate in any academic program or community service program;
(c) Require the child to participate in a drug abuse or alcohol abuse counseling program;
(d) Require that the child receive appropriate medical or psychological treatment or counseling;
(e) Make any other order that the court finds proper to address the child's habitual truancy, including an order requiring the child to not be absent without legitimate excuse from the public school the child is supposed to attend for five or more consecutive days, seven or more school days in one school month, or twelve or more school days in a school year and including an order requiring the child to participate in a truancy prevention mediation program.
(2) If a child is adjudicated an unruly child for being an habitual truant and the court determines that the parent, guardian, or other person having care of the child has failed to cause the child's attendance at school in violation of section 3321.38 of the Revised Code, in addition to any order of disposition authorized by this section, all of the following apply:
(a) The court may require the parent, guardian, or other person having care of the child to participate in any community service program, preferably a community service program that requires the involvement of the parent, guardian, or other person having care of the child in the school attended by the child.
(b) The court may require the parent, guardian, or other person having care of the child to participate in a truancy prevention mediation program.
(c) The court shall warn the parent, guardian, or other person having care of the child that any subsequent adjudication of the child as an unruly or delinquent child for being an habitual or chronic truant may result in a criminal charge against the parent, guardian, or other person having care of the child for a violation of division (C) of section 2919.21 or section 2919.24 of the Revised Code.
Sec. 2151.357. In the manner prescribed by division (C)(2) of section 3313.64 of the Revised Code, the court, at the time of making any order that removes a child from the child's own home or that vests legal or permanent custody of the child in a person other than the child's parent or a government agency, shall determine the school district that is to bear the cost of educating the child. The court shall make the determination a part of the order that provides for the child's placement or commitment.
Whenever a child is placed in a detention home facility
established
under section 2151.34 2152.41 of the Revised Code or a
juvenile facility
established under section 2151.65 of the Revised Code, the child's school
district as determined by the court shall pay the cost of educating the child
based on the per capita cost of the educational facility within the detention
home or juvenile facility.
Whenever a child is placed by the court in a private institution, school, or residential treatment center or any other private facility, the state shall pay to the court a subsidy to help defray the expense of educating the child in an amount equal to the product of the daily per capita educational cost of the private facility, as determined pursuant to this section, and the number of days the child resides at the private facility, provided that the subsidy shall not exceed twenty-five hundred dollars per year per child. The daily per capita educational cost of a private facility shall be determined by dividing the actual program cost of the private facility or twenty-five hundred dollars, whichever is less, by three hundred sixty-five days or by three hundred sixty-six days for years that include February twenty-ninth. The state shall pay seventy-five per cent of the total subsidy for each year quarterly to the court. The state may adjust the remaining twenty-five per cent of the total 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 year based upon the availability of funds appropriated to the department of education for the purpose of subsidizing courts that place a child in a private institution, school, or residential treatment center or any other private facility and shall pay that adjusted amount to the court at the end of the year.
Sec. 2151.358. (A) As used in this section, "seal a record" means to remove a record from the main file of similar records and to secure it in a separate file that contains only sealed records and that is accessible only to the juvenile court. A record that is sealed shall be destroyed by all persons and governmental bodies except the juvenile court.
(B) The department of youth services and any other institution or facility that unconditionally discharges a person who has been adjudicated a delinquent child, an unruly child, or a juvenile traffic offender shall immediately give notice of the discharge to the court that committed the person. The court shall note the date of discharge on a separate record of discharges of those natures.
(C)(1)(a) Two years after the termination of any order made by the court or two years after the unconditional discharge of a person from the department of youth services or another institution or facility to which the person may have been committed, the court that issued the order or committed the person shall do whichever of the following is applicable:
(i) If the person was adjudicated an unruly child, order the record of the person sealed;
(ii) If the person was adjudicated a delinquent child for committing an act other than a violation of section 2903.01, 2903.02, 2907.02, 2907.03, or 2907.05 of the Revised Code or was adjudicated a juvenile traffic offender, either order the record of the person sealed or send the person notice of the person's right to have that record sealed.
(b) Division (C)(1)(a) of this section does not apply regarding a person who was adjudicated a delinquent child for committing a violation of section 2903.01, 2903.02, 2907.02, 2907.03, or 2907.05 of the Revised Code.
(2) The court shall send the notice described in division (C)(1)(a)(ii) of this section within ninety days after the expiration of the two-year period described in division (C)(1)(a) of this section by certified mail, return receipt requested, to the person's last known address. The notice shall state that the person may apply to the court for an order to seal the person's record, explain what sealing a record means, and explain the possible consequences of not having the person's record sealed.
(D)(1) At any time after the two-year period described in division (C)(1)(a) of this section has elapsed, any person who has been adjudicated a delinquent child for committing an act other than a violation of section 2903.01, 2903.02, 2907.02, 2907.03, or 2907.05 of the Revised Code or who has been adjudicated a juvenile traffic offender may apply to the court for an order to seal the person's record. The court shall hold a hearing on each application within sixty days after the application is received. Notice of the hearing on the application shall be given to the prosecuting attorney and to any other public office or agency known to have a record of the prior adjudication. If the court finds that the rehabilitation of the person who was adjudicated a delinquent child or a juvenile traffic offender has been attained to a satisfactory degree, the court may order the record of the person sealed.
(2) Division (D)(1) of this section does not apply regarding a person who was adjudicated a delinquent child for committing a violation of section 2903.01, 2903.02, 2907.02, 2907.03, or 2907.05 of the Revised Code.
(E)(1) If the court orders the adjudication record of a person sealed pursuant to division (C) or (D) of this section, the court, except as provided in division (K) of this section, shall order that the proceedings in the case in which the person was adjudicated a juvenile traffic offender, a delinquent child, or an unruly child be deemed never to have occurred. Except as provided in division (G)(2) of this section, all index references to the case and the person shall be deleted, and the person and the court properly may reply that no record exists with respect to the person upon any inquiry in the matter.
(2) Inspection of records that have been ordered sealed under division (E)(1) of this section may be made only by the following persons or for the following purposes:
(a) If the records in question pertain to an act that would be an offense of violence that would be a felony if committed by an adult, by any law enforcement officer or any prosecutor, or the assistants of a law enforcement officer or prosecutor, for any valid law enforcement or prosecutorial purpose;
(b) Upon application by the person who is the subject of the sealed records, by the persons that are named in that application.
(F) Any person who has been arrested and charged with being a delinquent child or a juvenile traffic offender and who is adjudicated not guilty of the charges in the case or has the charges in the case dismissed may apply to the court for an expungement of the record in the case. The application may be filed at any time after the person is adjudicated not guilty or the charges against the person are dismissed. The court shall give notice to the prosecuting attorney of any hearing on the application. The court may initiate the expungement proceedings on its own motion.
Any person who has been arrested and charged with being an unruly child and who is adjudicated not guilty of the charges in the case or has the charges in the case dismissed may apply to the court for an expungement of the record in the case. The court shall initiate the expungement proceedings on its own motion if an application for expungement is not filed.
If the court upon receipt of an application for expungement or upon its own motion determines that the charges against any person in any case were dismissed or that any person was adjudicated not guilty in any case, the court shall order that the records of the case be expunged and that the proceedings in the case be deemed never to have occurred. If the applicant for the expungement order, with the written consent of the applicant's parents or guardian if the applicant is a minor and with the written approval of the court, waives in writing the applicant's right to bring any civil action based on the arrest for which the expungement order is applied, the court shall order the appropriate persons and governmental agencies to delete all index references to the case; destroy or delete all court records of the case; destroy all copies of any pictures and fingerprints taken of the person pursuant to the expunged arrest; and destroy, erase, or delete any reference to the arrest that is maintained by the state or any political subdivision of the state, except a record of the arrest that is maintained for compiling statistical data and that does not contain any reference to the person.
If the applicant for an expungement order does not waive in writing the right to bring any civil action based on the arrest for which the expungement order is applied, the court, in addition to ordering the deletion, destruction, or erasure of all index references and court records of the case and of all references to the arrest that are maintained by the state or any political subdivision of the state, shall order that a copy of all records of the case, except fingerprints held by the court or a law enforcement agency, be delivered to the court. The court shall seal all of the records delivered to the court in a separate file in which only sealed records are maintained. The sealed records shall be kept by the court until the statute of limitations expires for any civil action based on the arrest, any pending litigation based on the arrest is terminated, or the applicant files a written waiver of the right to bring a civil action based on the arrest. After the expiration of the statute of limitations, the termination of the pending litigation, or the filing of the waiver, the court shall destroy the sealed records.
After the expungement order has been issued, the court shall, and the person may properly, reply that no record of the case with respect to the person exists.
(G)(1) The court shall send notice of the order to expunge or seal to any public office or agency that the court has reason to believe may have a record of the expunged or sealed record. Except as provided in division (K) of this section, an order to seal or expunge under this section applies to every public office or agency that has a record of the prior adjudication or arrest, regardless of whether it receives notice of the hearing on the expungement or sealing of the record or a copy of the order to expunge or seal the record. Except as provided in division (K) of this section, upon the written request of a person whose record has been expunged and the presentation of a copy of the order to expunge, a public office or agency shall destroy its record of the prior adjudication or arrest, except a record of the adjudication or arrest that is maintained for compiling statistical data and that does not contain any reference to the person who is the subject of the order to expunge.
(2) The person, or the public office or agency, that maintains sealed records pertaining to an adjudication of a child as a delinquent child may maintain a manual or computerized index to the sealed records. The index shall contain only the name of, and alphanumeric identifiers that relate to, the persons who are the subject of the sealed records, the word "sealed," and the name of the person, or the public office or agency that has custody of the sealed records and shall not contain the name of the delinquent act committed. The person who has custody of the sealed records shall make the index available only for the purposes set forth in divisions (E)(2) and (H) of this section.
(H) The judgment rendered by the court under this chapter shall not impose any of the civil disabilities ordinarily imposed by conviction of a crime in that the child is not a criminal by reason of the adjudication and no child shall be charged with or convicted of a crime in any court except as provided by this chapter. The disposition of a child under the judgment rendered or any evidence given in court shall not operate to disqualify a child in any future civil service examination, appointment, or application. Evidence of a judgment rendered and the disposition of a child under the judgment is not admissible to impeach the credibility of the child in any action or proceeding. Otherwise, the disposition of a child under the judgment rendered or any evidence given in court is admissible as evidence for or against the child in any action or proceeding in any court in accordance with the Rules of Evidence and also may be considered by any court as to the matter of sentence or to the granting of probation, and a court may consider the judgment rendered and the disposition of a child under that judgment for purposes of determining whether the child, for a future criminal conviction or guilty plea, is a repeat violent offender, as defined in section 2929.01 of the Revised Code.
(I) In any application for employment, license, or other right or privilege, any appearance as a witness, or any other inquiry, a person may not be questioned with respect to any arrest for which the records were expunged. If an inquiry is made in violation of this division, the person may respond as if the expunged arrest did not occur, and the person shall not be subject to any adverse action because of the arrest or the response.
(J) An officer or employee of the state or any of its political subdivisions who knowingly releases, disseminates, or makes available for any purpose involving employment, bonding, licensing, or education to any person or to any department, agency, or other instrumentality of the state or of any of its political subdivisions any information or other data concerning any arrest, complaint, indictment, information, trial, hearing, adjudication, or correctional supervision, the records of which have been expunged or sealed pursuant to this section and the release, dissemination, or making available of which is not expressly permitted by this section, is guilty of divulging confidential information, a misdemeanor of the fourth degree.
(K) Notwithstanding any provision of this section that requires otherwise, a board of education of a city, local, exempted village, or joint vocational school district that maintains records of an individual who has been permanently excluded under sections 3301.121 and 3313.662 of the Revised Code is permitted to maintain records regarding an adjudication that the individual is a delinquent child that was used as the basis for the individual's permanent exclusion, regardless of a court order to seal the record. An order issued under this section to seal the record of an adjudication that an individual is a delinquent child does not revoke the adjudication order of the superintendent of public instruction to permanently exclude the individual who is the subject of the sealing order. An order issued under this section to seal the record of an adjudication that an individual is a delinquent child may be presented to a district superintendent as evidence to support the contention that the superintendent should recommend that the permanent exclusion of the individual who is the subject of the sealing order be revoked. Except as otherwise authorized by this division and sections 3301.121 and 3313.662 of the Revised Code, any school employee in possession of or having access to the sealed adjudication records of an individual that were the basis of a permanent exclusion of the individual is subject to division (J) of this section.
Sec. 2151.359. (A)(1) In any proceeding in
which a child has been adjudicated a delinquent, an unruly,
abused, neglected, or dependent child, on the application of a
party, or on the court's own motion, the court
may make an order restraining or otherwise controlling the
conduct of any parent, guardian, or other custodian in the
relationship of that individual to the child if the court
finds both that an order of that type is necessary to do either
of the following:
(a) An order of that nature is necessary to
control control any conduct or relationship that will be
detrimental or harmful to the child.
(b) That Control any conduct or relationship that will
tend to defeat
the execution of the order of disposition made or to be made.
(2) The court shall give due notice of the application or motion under division (A) of this section, the grounds for the application or motion, and an opportunity to be heard to the person against whom an order under this division is directed. The order may include a requirement that the child's parent, guardian, or other custodian enter into a recognizance with sufficient surety, conditioned upon the faithful discharge of any conditions or control required by the court.
(B) The authority to make an order under division (A) of this
section and any order made under that authority is in addition to the
authority to make an order pursuant to division
(C)(2) of section 2151.354 or division
(A)(24)(6)(b) of section 2151.355 2152.19 of
the
Revised Code and to any order made under either
division.
(C) A person's failure to comply with any order made by the court under this section is contempt of court under Chapter 2705. of the Revised Code.
Sec. 2151.3510. Before a juvenile court issues an order of
disposition pursuant to division (A)(1) of section 2151.354 or
2151.355 2152.19 of the Revised Code committing an unruly or
delinquent
child to the custody of a public
children services agency, it shall give the agency notice in the
manner prescribed by the Juvenile Rules of the intended
dispositional order.
Sec. 2151.36. When a child has been committed as provided by this chapter or Chapter 2152. of the Revised Code, the juvenile court shall issue an order pursuant to sections 3113.21 to 3113.219 of the Revised Code requiring that the parent, guardian, or person charged with the child's support pay for the care, support, maintenance, and education of the child. The juvenile court shall order that the parents, guardian, or person pay for the expenses involved in providing orthopedic, medical, or surgical treatment for, or for special care of, the child, enter a judgment for the amount due, and enforce the judgment by execution as in the court of common pleas.
Any expenses incurred for the care, support, maintenance, education, orthopedic, medical, or surgical treatment, and special care of a child who has a legal settlement in another county shall be at the expense of the county of legal settlement if the consent of the juvenile judge of the county of legal settlement is first obtained. When the consent is obtained, the board of county commissioners of the county in which the child has a legal settlement shall reimburse the committing court for the expenses out of its general fund. If the department of job and family services considers it to be in the best interest of any delinquent, dependent, unruly, abused, or neglected child who has a legal settlement in a foreign state or country that the child be returned to the state or country of legal settlement, the juvenile court may commit the child to the department for the child's return to that state or country.
Any expenses ordered by the court for the care, support, maintenance, education, orthopedic, medical, or surgical treatment, or special care of a dependent, neglected, abused, unruly, or delinquent child or of a juvenile traffic offender under this chapter or Chapter 2152. of the Revised Code, except the part of the expense that may be paid by the state or federal government or paid by the parents, guardians, or person charged with the child's support pursuant to this section, shall be paid from the county treasury upon specifically itemized vouchers, certified to by the judge. The court shall not be responsible for any expenses resulting from the commitment of children to any home, public children services agency, private child placing agency, or other institution, association, or agency, unless the court authorized the expenses at the time of commitment.
Sec. 2151.38. (A) When a child is committed to the legal
custody of the department of youth services, the jurisdiction of
the juvenile court with respect to the child so committed shall
cease and terminate at the time of commitment, except as provided
in divisions (B), (C), and (G) of
this section. Subject to divisions (B) and (C) of this section,
sections 2151.353 and 2151.411 2151.412 to 2151.421 of the
Revised Code, and any other
provision of
law that specifies a different duration for a
dispositional order, all other dispositional
orders made by the court under this chapter shall be temporary and
shall continue for a
period that is designated by the court in its order, until terminated or
modified by the court or until the child attains twenty-one years of age.
The release authority of the department of youth services
shall not release the child from
institutional care or institutional care in a secure facility and as a result
shall not discharge the
child or order the child's release on supervised release prior to
the expiration of the
prescribed minimum
period of institutionalization or
institutionalization in a secure facility
or prior to the child's attainment of twenty-one years of
age, whichever is applicable under the order of commitment, except upon the
order of
a court pursuant to division
(B) or (C) of this section or in
accordance with section 5139.54 of the
Revised Code.
(B)(1) If the department of youth services desires to release a
child during the first half of the prescribed minimum term for which the child
was committed to the department or, if the child
was
committed to the department until the child attains twenty-one years of age,
during the first half of the prescribed period of commitment
that begins on the first day of commitment and ends on the child's
twenty-first birthday,
it shall request the court that committed the child to the department for a
judicial release of the child from institutional care or institutional care
in a secure facility. During the
first half of that prescribed minimum term or of that prescribed period of
commitment, whichever of those periods is applicable, the child or
the parents of the child also may request that court to grant a judicial
release of the child from institutional care or institutional care in a secure
facility. Upon receipt of a request for a judicial release from the
department, the child, or the child's parent or upon its own
motion, the court that committed the child shall approve the
judicial release from institutional care or institutional care
in a secure facility by journal entry, shall schedule
within twenty days after the request is received a time for a hearing on
whether the child is to be
released under a judicial release, or shall reject the request by journal
entry without
conducting a hearing. If the court rejects an initial request for a judicial
release by the child or the
child's parent, the child or the child's parent may
make one additional request for a judicial release within
the
first half of the applicable prescribed minimum term or prescribed period of
commitment. The child or the child's parent may make the
additional request no earlier than thirty days after the filing of the
prior request for a judicial release. Upon the filing by the child or the
child's parent of a second
request for a judicial release, the court shall either approve or disapprove
the
judicial release by journal entry or schedule within
twenty days after the request is received a time for a hearing on whether the
child is to be released under a judicial release.
(2) If a court schedules a hearing
under division
(B)(1) of this section to determine whether a child should be granted
a judicial release,
the court shall give notice of the hearing to the
prosecutor involved in the case. In accordance with section
2930.16 of the Revised
Code and if the victim has
requested notification, the prosecutor shall give notice of the
hearing to the victim of the delinquent act for which the
child's commitment to the legal custody of the department was imposed. The
court may
order the department to deliver the child to the court on the
date set for the hearing and may order the department to present
to the court a report on the child's progress in the institution
to which the child was committed and recommendations for terms and conditions
of supervision of the child by
the court after release. The court may conduct the hearing without the child
being present. The court shall consider any statement of a victim made
pursuant to section 2930.14 or 2930.17 of the
Revised
Code and any victim impact
statement prepared pursuant to section 2151.355 of the
Revised
Code. The court shall determine at the hearing whether
the child should be granted a judicial release from institutionalization or
institutionalization in a secure facility. After making a determination,
the court shall notify the
victim of the determination in accordance with sections 2930.03 and
2930.16 of the Revised
Code. If the court
approves the judicial release, the court shall order its staff
to prepare a written treatment and rehabilitation plan for the
child that may include any terms and conditions of the child's
release that were recommended by the department and approved by the court.
The committing court shall send the
juvenile court of the county in which the child is placed a copy
of the recommended plan and the terms and conditions set by the committing
court. The court
of the county in which the child is placed may adopt the
recommended terms and conditions set by the committing court as
an order of the court and may add any additional consistent terms and
conditions it considers appropriate. If a child is granted a judicial
release, the judicial release discharges the child from the custody of the
department of youth services.
(C)(1) If a child is committed to the department of youth
services and has been in institutional care or institutional care in a secure
facility for more than one-half of the prescribed minimum term for which the
child was committed or, if the child was committed to the department until the
child attains twenty-one years of age, for more than one-half of the
prescribed
period of commitment that begins on the first day of commitment and ends
on the child's twenty-first birthday, if the prescribed minimum period
of institutionalization or
other statutorily required period of
institutionalization has not expired, and if
the department of youth services desires to
release the child from institutional
care or institutional care in a secure facility, it shall request the court
that committed the child for an early release from institutional
care or institutional care in a secure facility.
During the applicable period commencing upon the expiration of the first
half of
that prescribed minimum term or prescribed period of commitment and ending
upon the
expiration of the
required minimum or other period of institutionalization or
institutionalization in a secure facility, the
child or the child's parent also may request the
court that committed the child to grant an early release. Upon the
receipt of a request from the department, the child, or the
child's parent or upon its own motion at any time during that period, the
court shall approve the early
release by journal entry, shall schedule a time within thirty
days after receipt of the request for a hearing on whether the child is
to be released, or
shall reject the request by journal entry without conducting a
hearing. If the court rejects an initial request for early release
by the child or the child's parents, within the period prescribed in
division (C)(1) of this section,
the child or the child's parent may make one or more subsequent
requests for early release but may make no more than one request
for early release during each period of ninety days that the
child is institutionalized or institutionalized in a secure
facility after the filing of a prior request for early release. Upon the
filing of a request for early release subsequent to an
initial request, the court shall either approve or disapprove the
early release by journal entry or schedule a time within thirty
days after receipt of the request for a hearing on whether the
child is to be released.
(2) If a court schedules a hearing under division
(C)(1) of this section to determine whether a
child committed to the department should be granted an early
release, the court shall give notice of the hearing to the
prosecutor involved in the case. In accordance with section
2930.16 of the Revised
Code and if the victim has
requested notification, the prosecutor shall give notice of the
hearing to the victim of the delinquent act for which the
child's commitment to the legal custody of the department was imposed. The
court may order the department to deliver the child 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 for the
child's post-institutional care. The court may conduct the
hearing without the child being present. The court shall consider any
statement of a victim made
pursuant to section 2930.14 or 2930.17 of the
Revised
Code and any victim impact
statement prepared pursuant to section 2151.355 of the
Revised
Code. The court shall
determine at the hearing whether the child should be
granted an early release
from institutionalization or institutionalization in a secure
facility. After making a determination, the court shall notify the
victim of the determination in accordance with sections 2930.03 and
2930.16 of the Revised
Code. If the court approves the
early release, the department shall prepare a written treatment
and rehabilitation plan for the child pursuant to division
(E) of
this section that shall include the terms and conditions of the
child's release. It shall send the committing court and the juvenile
court of the county in which the child is placed a copy of the
plan and the terms and conditions that it fixed. The court of
the county in which the child is placed may adopt the terms and
conditions set by the department as an order of the court and
may
add any additional consistent terms and conditions it considers
appropriate, provided that the court may not add
any term or condition that decreases the level or degree of
supervision specified by the department in its plan, that
substantially increases the financial burden of supervision that
will be experienced by the department, or that alters the
placement specified by the department in its plan. If the court
of the county in which the child is placed adds to the
department's plan any additional terms and conditions, it shall
enter those additional terms and conditions in its journal and
shall send to the department a copy of the journal entry of the
additional terms and conditions.
(3) If the court approves or grants
an early release for a child under division
(C)(1) or (2) of this section,
the actual date on which the department of youth services shall
release the child from institutional care or institutional care
in a secure facility is contingent upon the department finding a
suitable placement for the child. If the child is to be
returned to the child's home, the department shall return the
child to the home on the date that the court schedules for the
child's release or shall bear the expense of any additional time
that the child remains in institutional care or institutional
care in a secure facility. If the child is unable to return to
the child's home, the department shall exercise reasonable
diligence in finding a suitable placement for the child, and the
child shall remain in institutional care or institutional care
in a secure facility while the department finds the suitable
placement.
(D) If a child is released under division
(B) or (C) of this section and the
court of the county in which the child is placed has reason to
believe that the child's deportment is not
in accordance with the post-release terms and conditions
of the child's judicial release or early
release, the court of the county in which the
child is placed shall schedule a time for a hearing to
determine whether
the child violated any of the post-release terms and conditions,
and, if the child was released under division (C) of this section,
divisions (A) to (E) of section 5139.52 of the
Revised Code apply regarding the child. If
that court
determines at the hearing that the child violated any of the
post-release terms and conditions, the court, if it determines that the
violation of
the terms and conditions was a serious violation, may order the
child to be returned to the department for institutionalization
or institutionalization in a secure facility, consistent with the
original order of commitment of the child, or in any case may
make any other disposition of the child authorized by law that
the court considers proper. If the court of the county in which
the child is placed orders the child to be returned to a
department of youth services institution, the time during which
the child was institutionalized or institutionalized in a secure
facility prior to the child's
judicial release or early release
shall be considered as time served in fulfilling the prescribed
minimum period or prescribed period of institutionalization or
institutionalization in
a secure facility that is applicable to the child under the child's
original order of commitment. If the court orders the child
returned to a department of youth services institution, the child
shall remain in institutional care for a minimum period of three
months or until the child successfully completes a revocation program of a
duration of
not less than thirty
days operated either by the department or by an entity with whom
the department has contracted to provide a
revocation program.
(E) The department of youth services, prior to the release
of a child pursuant to division (C) of this section, shall
do all of the following:
(1) After reviewing the child's rehabilitative progress
history and medical and educational records, prepare a written
treatment and rehabilitation plan for the child that shall
include terms and conditions of the release;
(2) Completely discuss the terms and conditions of the
plan prepared pursuant to division (E)(1) of this
section and the
possible penalties for violation of the plan with the child and
the child's parents, guardian, or legal custodian;
(3) Have the plan prepared pursuant to division (E)(1)
of
this section signed by the child, the child's parents, legal
guardian, or
custodian, and any authority or person that is to supervise,
control, and provide supportive assistance to the child at the
time of the child's release pursuant to division (C) of
this section;
(4) File a copy of the plan prepared pursuant to
division (E)(1) of this section, prior to the child's
release,
with the committing court and the juvenile court of the county in
which the child is to be placed.
(F) The department of youth services shall file a written
progress report with the committing court regarding each child
released pursuant to division (C) of this section, at
least once every thirty days unless specifically directed
otherwise by the court. The report shall indicate the treatment
and rehabilitative progress of the child and the child's family, if
applicable, and shall include any suggestions and recommendations
for alteration of the program, custody, living arrangements, or
treatment. The department shall retain legal custody of a child
so released until it discharges the child or until the custody is
terminated as otherwise provided by law.
(G)(1) As used in
division (G)(2) of this
section, "release authority" and "supervised release" have the
same meanings as in section 5139.01 of the
Revised Code.
(2) When a child is committed to the legal custody of the
department of youth services, the court retains jurisdiction to
perform the functions specified in section 5139.51 of the
Revised
Code with respect to the
granting of supervised release by the release authority and to
perform the functions specified in section 5139.52 of the
Revised
Code with respect to violations
of the terms and conditions of supervised release granted by the
release authority and to the revocation of supervised
release granted by the release authority.
Sec. 2151.65. Upon the advice and recommendation of the
juvenile judge, the board of county commissioners may provide by
purchase, lease, construction, or otherwise a school, forestry
camp, or other facility or facilities where delinquent children, as
defined in section 2151.02 2152.02 of the Revised Code,
dependent children,
abused children, unruly children, as defined in section 2151.022
of the Revised
Code, or neglected children or juvenile traffic offenders may be
held for training, treatment, and rehabilitation. Upon the joint
advice and recommendation of the juvenile judges of two or more
adjoining or neighboring counties, the boards of county
commissioners of such counties may form themselves into a joint
board and proceed to organize a district for the establishment
and support of a school, forestry camp, or other facility or
facilities for the use of the juvenile courts of such counties,
where delinquent, dependent, abused, unruly, or neglected
children, or juvenile traffic offenders may be held for
treatment, training, and rehabilitation, by using a site or
buildings already established in one such county, or by providing
for the purchase of a site and the erection of the necessary
buildings thereon. Such county or district school, forestry
camp, or other facility or facilities shall be maintained as
provided in sections 2151.01 to 2151.80 Chapters
2151. and 2152. of the Revised Code.
Children who are adjudged to be delinquent, dependent, neglected,
abused, unruly, or juvenile traffic offenders may be committed to
and held in any such school, forestry camp, or other facility or
facilities for training, treatment, and rehabilitation.
The juvenile court shall determine:
(A) The children to be admitted to any school, forestry camp, or other facility maintained under this section;
(B) The period such children shall be trained, treated, and rehabilitated at such facility;
(C) The removal and transfer of children from such facility.
Sec. 2151.651. The board of county commissioners of a
county which, either separately or as part of a district, is
planning to establish a school, forestry camp, or other facility
under section 2151.65 of the Revised Code, to be used exclusively
for the rehabilitation of children between the ages of twelve to
eighteen years, other than psychotic or mentally retarded
children, who are designated delinquent children, as defined in
section
2151.02 2152.02 of the Revised Code, or unruly
children, as defined in section
2151.022 of the Revised Code, by order of a juvenile court, may
make application to the department of youth services, created
under division (B) of section 5139.01 of the Revised Code, for
financial assistance in defraying the county's share of the cost
of acquisition or construction of such school, camp, or other
facility, as provided in section 5139.27 of the Revised Code.
Such application shall be made on forms prescribed and furnished
by the department.
Sec. 2151.652. The board of county commissioners of a
county or the board of trustees of a district maintaining a
school, forestry camp, or other facility established under
section 2151.65 of the Revised Code, used exclusively for the
rehabilitation of children between the ages of twelve to eighteen
years, other than psychotic or mentally retarded children, who
are designated delinquent children, as defined in section
2151.02 2152.02 of the
Revised Code, or unruly children, as defined in section 2151.022 of the
Revised Code, by order of a juvenile court, may make application
to the department of youth services, created under division (B)
of section 5139.01 of the Revised Code, for financial assistance
in defraying the cost of operating and maintaining such school,
forestry camp, or other facility, as provided in section 5139.28
of the Revised Code.
Such application shall be made on forms prescribed and furnished by the department.
Sec. 2151.655. (A) The taxing authority of a county may
issue general obligation securities of the county under Chapter
133. of the Revised Code to pay such county's share, either
separately or as a part of a district, of the cost of acquiring
schools, detention homes facilities, forestry camps, or other
facilities, or
any combination thereof, under section 2151.34 2152.41 or
2151.65 of the
Revised Code, or of acquiring sites for and constructing,
enlarging, or otherwise improving such schools, detention homes
facilities,
forestry camps, other facilities, or combinations thereof.
(B) The taxing authority of a detention home facility district,
or
a district organized under section 2151.65 of the Revised Code,
or of a combined district organized under sections 2151.34
2152.41 and
2151.65 of the Revised Code, may submit to the electors of the
district the question of issuing general obligation bonds of the
district to pay the cost of acquiring, constructing, enlarging,
or otherwise improving sites, buildings, and facilities for any
purposes for which the district was organized. The election on
such question shall be submitted and held under section 133.18 of
the Revised Code.
Sec. 2151.78. The board of county commissioners of any
county within a school, forestry camp, or other facility or
facilities district may, upon the recommendation of the juvenile
court of such county, withdraw from such district and dispose of
its interest in such school, forestry camp, or other facility or
facilities selling or leasing its right, title, and interest in
the site, buildings, furniture, and equipment to any counties in
the district, at such price and upon such terms as are agreed
upon among the boards of county commissioners of the counties
concerned. Section 307.10 of the Revised Code does not appy
APPLY to this section. The net proceeds of any such sale or
lease shall be paid into the treasury of the withdrawing county.
Any county withdrawing from such district or from a
combined district organized under sections 2151.34 2152.41 and
2151.65 of
the Revised Code shall continue to have levied against its tax
duplicate any tax levied by the district during the period in
which the county was a member of the district for current
operating expenses, permanent improvements, or the retirement of
bonded indebtedness. Such levy shall continue to be a levy
against such duplicate of the county until such time that it
expires or is renewed.
Members of the board of trustees of a district school, forestry camp, or other facility or facilities who are residents of a county withdrawing from such district are deemed to have resigned their positions upon the completion of the withdrawal procedure provided by this section. Vacancies then created shall be filled according to sections 2151.68 and 2151.74 of the Revised Code.
Sec. 2151.79. The county auditor of the county having the greatest
population, or, with the unanimous concurrence of the county auditors of the
counties composing a facilities district, the auditor of the county wherein
the facility is located, shall be the fiscal officer of a district organized
under section 2151.65 of the Revised Code or a combined district organized
under sections 2151.34 2152.41 and 2151.65 of the Revised
Code. The county auditors
of the several counties composing a school, forestry camp, or other facility
or facilities district, shall meet at the district school, forestry camp, or
other facility or facilities not less than once in each six months, to review
accounts and to transact such other duties in connection with the institution
as pertain to the business of their office.
Sec. 2151.99. (A) Whoever violates division (D)(2) or (3) of section 2151.313 or division (A)(1) or (H)(2) of section 2151.421 of the Revised Code is guilty of a misdemeanor of the fourth degree.
(B) Whoever violates division (D)(1) of section 2151.313 of the Revised Code is guilty of a minor misdemeanor.
(C) Whoever violates division (G) of section 2151.62
of the Revised Code is guilty of a minor misdemeanor.
Sec. 2152.01. (A) The overriding purposes for dispositions under this chapter are to provide for the care, protection, and mental and physical development of children subject to this chapter, protect the public interest and safety, hold the offender accountable for the offender's actions, restore the victim, and rehabilitate the offender. These purposes shall be achieved by a system of graduated sanctions and services.
(B) Dispositions under this chapter shall be reasonably calculated to achieve the overriding purposes set forth in this section, commensurate with and not demeaning to the seriousness of the delinquent child's or the juvenile traffic offender's conduct and its impact on the victim, and consistent with dispositions for similar acts committed by similar delinquent children and juvenile traffic offenders. The court shall not base the disposition on the race, ethnic background, gender, or religion of the delinquent child or juvenile traffic offender.
(C) To the extent they do not conflict with this chapter, the provisions of Chapter 2151. of the Revised Code apply to the proceedings under this chapter.
Sec. 2152.02. As used in this chapter:
(A) "Act charged" means the act that is identified in a complaint, indictment, or information alleging that a child is a delinquent child.
(B) "Admitted to a department of youth services facility" includes admission to a facility operated, or contracted for, by the department and admission to a comparable facility outside this state by another state or the United States.
(C)(1) "Child" means a person who is under eighteen years of age, except as otherwise provided in divisions (C)(2) to (6) of this section.
(2) Subject to division (C)(3) of this section, any person who violates a federal or state law or a municipal ordinance prior to attaining eighteen years of age shall be deemed a "child" irrespective of that person's age at the time the complaint with respect to that violation is filed or the hearing on the complaint is held.
(3) Any person who, while under eighteen years of age, commits an act that would be a felony if committed by an adult 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 child in relation to that act.
(4) Any person whose case is transferred for criminal prosecution pursuant to section 2152.12 of the Revised Code shall be deemed after the transfer not to be a child in the transferred case.
(5) Any person whose case is transferred for criminal prosecution pursuant to section 2152.12 of the Revised Code and who subsequently is convicted of or pleads guilty to a felony in that case, and any person who is adjudicated a delinquent child for the commission of an act, who has a serious youthful offender dispositional sentence imposed for the act pursuant to section 2152.13 of the Revised Code, and whose adult PORTION of the DISPOSITIONal sentence is invoked pursuant to section 2152.14 of the Revised Code, shall be deemed after the transfer or invocation not to be a child in any case in which a complaint is filed against the person.
(6) The juvenile court has jurisdiction over a person who is adjudicated a delinquent child or juvenile traffic offender prior to attaining eighteen years of age until the person attains twenty-one years of age, and, for purposes of that jurisdiction related to that adjudication, a person who is so adjudicated a delinquent child or juvenile traffic offender shall be deemed a "child" until the person attains twenty-one years of age.
(D) "Chronic truant" means any child of compulsory school age who is absent without legitimate excuse for absence from the public school the child is supposed to attend for seven or more consecutive school days, ten or more school days in one school month, or fifteen or more school days in a school year.
(E) "Community corrections facility," "public safety beds," "release authority," and "supervised release" have the same meanings as in section 5139.01 of the Revised Code.
(F) "Delinquent child" includes any of the following:
(1) Any child, except a juvenile traffic offender, who violates any law of this state or the United States, or any ordinance of a political subdivision of the state, that would be an offense if committed by an adult;
(2) Any child who violates any lawful order of the court made under this chapter or under Chapter 2151. of the Revised Code;
(3) Any child who violates division (A) of section 2923.211 of the Revised Code;
(4) Any child who is a habitual truant and who previously has been adjudicated an unruly child for being a habitual truant;
(5) Any child who is a chronic truant.
(G) "Discretionary serious youthful offender" means a person who is eligible for a discretionary SYO and who is not transferred to adult court under a mandatory or discretionary transfer.
(H) "Discretionary SYO" means a case IN WHICH THE JUVENILE COURT, in the juvenile court's discretion, may impose a serious youthful offender disposition under section 2152.13 of the Revised Code.
(I) "Discretionary transfer" means that the juvenile court has discretion to transfer a case for criminal prosecution under division (B) of section 2152.12 of the Revised Code.
(J) "Drug abuse offense," "felony drug abuse offense," and "minor drug possession offense" have the same meanings as in section 2925.01 of the Revised Code.
(K) "Electronic monitoring device," "certified electronic monitoring device," "electronically monitored house arrest," "electronic monitoring system," and "certified electronic monitoring system" have the same meanings as in section 2929.23 of the Revised Code.
(L) "Economic loss" means any economic detriment suffered by a victim of a delinquent act as a result of the delinquent act and includes any loss of income due to lost time at work because of any injury caused to the victim and any property loss, medical cost, or funeral expense incurred as a result of the delinquent act.
(M) "Firearm" has the same meaning as in section 2923.11 of the Revised Code.
(N) "Juvenile traffic offender" means any child who violates any traffic law, traffic ordinance, or traffic regulation of this state, the United States, or any political subdivision of this state, other than a resolution, ordinance, or regulation of a political subdivision of this state the violation of which is required to be handled by a parking violations bureau or a joint parking violations bureau pursuant to Chapter 4521. of the Revised Code.
(O) A "legitimate excuse for absence from the public school the child is supposed to attend" has the same meaning as in section 2151.011 of the Revised Code.
(P) "Mandatory serious youthful offender" means a person who is eligible for a mandatory SYO and who is not transferred to adult court under a mandatory or discretionary transfer.
(Q) "Mandatory SYO" means a case in which the juvenile court is required to impose a mandatory serious youthful offender disposition under section 2152.13 of the Revised Code.
(R) "Mandatory transfer" means that a case is required to be transferred for criminal prosecution under division (A) of section 2152.12 of the Revised Code.
(S) "Mental illness" has the same meaning as in section 5122.01 of the Revised Code.
(T) "Mentally retarded person" has the same meaning as in section 5123.01 of the Revised Code.
(U) "Monitored time" and "repeat violent offender" have the same meanings as in section 2929.01 of the Revised Code.
(V) "Of compulsory school age" has the same meaning as in section 3321.01 of the Revised Code.
(W) "Public record" has the same meaning as in section 149.43 of the Revised Code.
(X) "Serious youthful offender" means a person who is eligible for a mandatory SYO or discretionary SYO but who is not transferred to adult court under a mandatory or discretionary transfer.
(Y) "Sexually oriented offense" has the same meaning as in section 2950.01 of the Revised Code.
(Z) "Traditional juvenile" means a case that is not transferred to adult court under a mandatory or discretionary transfer, that is eligible for a disposition under SECTIONS 2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and that is not eligible for a disposition under section 2152.13 of the Revised Code.
(AA) "Transfer" means the transfer for criminal prosecution of a case involving the alleged commission by a child of an act that would be an offense if committed by an adult from the juvenile court to the appropriate court that has jurisdiction of the offense.
(BB) "Category one offense" means any of the following:
(1) A violation of section 2903.01 or 2903.02 of the Revised Code;
(2) A violation of section 2923.02 of the Revised Code involving an attempt to commit aggravated murder or murder.
(CC) "Category two offense" means any of the following:
(1) A violation of section 2903.03, 2905.01, 2907.02, 2909.02, 2911.01, or 2911.11 of the Revised Code;
(2) A violation of section 2903.04 of the Revised Code that is a felony of the first degree;
(3) A violation of section 2907.12 of the Revised Code as it existed prior to September 3, 1996.
Sec. 2152.021. (A)(1) Subject to division (A)(2) of this section, any person having knowledge of a child who appears to be a juvenile traffic offender or to be a delinquent child may file a sworn complaint with respect to that child in the juvenile court of the county in which the child has a residence or legal settlement or in which the traffic offense or delinquent act allegedly occurred. The sworn complaint may be upon information and belief, and, in addition to the allegation that the child is a delinquent child or a juvenile traffic offender, the complaint shall allege the particular facts upon which the allegation that the child is a delinquent child or a juvenile traffic offender is based.
If a child appears to be a delinquent child who is eligible for a serious youthful offender dispositional sentence under section 2152.11 of the Revised Code and if the prosecuting attorney desires to seek a serious youthful offender dispositional sentence under section 2152.13 of the Revised Code in regard to the child, the prosecuting attorney of the county in which the alleged delinquency occurs may initiate a case in the juvenile court of the county by presenting the case to a grand jury for indictment, BY CHARGING THE CHILD IN A BILL OF INFORMATION AS A SERIOUS YOUTHFUL OFFENDER pursuant to section 2152.13 of the Revised Code, by requesting a serious youthful offender dispositional sentence in the original complaint alleging that the child is a delinquent child, or by filing with the juvenile court a written notice of intent to seek a serious youthful offender dispositional sentence.
(2) Any person having knowledge of a child who appears to be a delinquent child for being an habitual or chronic truant may file a sworn complaint with respect to that child and the parent, guardian, or other person having care of the child in the juvenile court of the county in which the child has a residence or legal settlement or in which the child is supposed to attend public school. the sworn complaint may be upon information and belief and shall contain the following allegations:
(a) That the child is a delinquent child for being a chronic truant or an habitual truant who previously has been adjudicated an unruly child for being a habitual truant and, in addition, the particular facts upon which that allegation is based;
(b) That the parent, guardian, or other person having care of the child has failed to cause the child's attendance at school in violation of section 3321.38 of the Revised Code and, in addition, the particular facts upon which that allegation is based.
(B) Any person with standing under applicable law may file a complaint for the determination of any other matter over which the juvenile court is given jurisdiction by section 2151.23 of the Revised Code. The complaint shall be filed in the county in which the child who is the subject of the complaint is found or was last known to be found.
(C) Within ten days after the filing of a complaint or the issuance of an indictment, the court shall give written notice of the filing of the complaint or the issuance of an indictment and of the substance of the complaint or indictment to the superintendent of a city, local, exempted village, or joint vocational school district if the complaint or indictment alleges that a child committed an act that would be a criminal offense if committed by an adult, that the child was sixteen years of age or older at the time of the commission of the alleged act, and that the alleged act is any of the following:
(1) A violation of section 2923.122 of the Revised Code that relates to property owned or controlled by, or to an activity held under the auspices of, the board of education of that school district;
(2) A violation of section 2923.12 of the Revised Code, of a substantially similar municipal ordinance, or of section 2925.03 of the Revised Code that was committed on property owned or controlled by, or at an activity held under the auspices of, the board of education of that school district;
(3) A violation of section 2925.11 of the Revised Code that was committed on property owned or controlled by, or at an activity held under the auspices of, the board of education of that school district, other than a violation of that section that would be a minor drug possession offense if committed by an adult;
(4) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised Code, or a violation of former section 2907.12 of the Revised Code, that was committed on property owned or controlled by, or at an activity held under the auspices of, the board of education of that school district, if the victim at the time of the commission of the alleged act was an employee of the board of education of that school district;
(5) Complicity in any violation described in division (C)(1), (2), (3), or (4) of this section that was alleged to have been committed in the manner described in division (C)(1), (2), (3), or (4) of this section, regardless of whether the act of complicity was committed on property owned or controlled by, or at an activity held under the auspices of, the board of education of that school district.
(D) A public children services agency, acting pursuant to a complaint or an action on a complaint filed under this section, is not subject to the requirements of section 3109.27 of the Revised Code.
(E) For purposes of the record to be maintained by the clerk under division (B) of section 2152.71 of the Revised Code, when a complaint is filed that alleges that a child is a delinquent child, the court shall determine if the victim of the alleged delinquent act was sixty-five years of age or older or permanently and totally disabled at the time of the alleged commission of the act.
Sec. 2151.25 2152.03. When a child is arrested under any
charge,
complaint, affidavit, or indictment for a felony or a
misdemeanor, proceedings regarding the child
initially shall be
in the juvenile court in accordance with this chapter. If the
child is taken before a judge of a county court, a mayor, a judge of
a municipal court, or a judge of a court of common pleas
other
than a juvenile court, the judge of the county court,
mayor, judge
of the municipal court, or judge of the court of common pleas
shall transfer the case to the juvenile court, and, upon the
transfer, the
proceedings shall be in accordance with this chapter. Upon the
transfer, all further proceedings under the charge, complaint,
information, or indictment shall be discontinued in the court of
the judge of the county court, mayor, municipal judge, or
judge of
the court of common pleas other than a juvenile court subject to section
2151.26 2152.12 of the Revised Code, and the.
The
case relating to the child then shall be within
the
exclusive jurisdiction of the juvenile court, subject to section
2151.26 2152.12
of the Revised Code.
Sec. 2152.04. A child who is alleged to be, or who is adjudicated, a delinquent child may be confined in a place of juvenile detention provided under section 2152.41 of the Revised Code for a period not to exceed ninety days, during which time a social history may be prepared to include court record, family history, personal history, school and attendance records, and any other pertinent studies and material that will be of assistance to the juvenile court in its disposition of the charges against that alleged or adjudicated delinquent child.
Sec. 2152.10. (A) A child who is alleged to be a delinquent child is eligible for mandatory transfer and shall be transferred as provided in section 2152.12 of the Revised Code in any of the following circumstances:
(1) The child is charged with a category one offense and either of the following apply:
(a) The child was sixteen years of age or older at the time of the act charged.
(b) The child was fourteen or fifteen years of age at the time of the act charged and previously was adjudicated a delinquent child for committing an act that is a category one or category two offense and was COMMITTED to the legal custody of the department of youth services upon the basis of that adjudication.
(2) The child is charged with a category two offense, other than a violation of section 2905.01 of the Revised Code, the child was sixteen years of age or older at the time of the commission of the act charged, and either or both of the following apply:
(a) The child previously was adjudicated a delinquent child for committing an act that is a category one or a category two offense and was committed to the legal custody of the department of youth services on the basis of that adjudication.
(b) The child is alleged to have had a firearm on or about the child's person or under the child's control while committing the act charged and to have displayed the firearm, indicated possession of the firearm, or used the firearm to facilitate the commission of the act charged.
(3) Division (A)(2) of section 2152.12 of the Revised Code applies.
(B) Unless the child is subject to mandatory transfer, if a child is fourteen years of age or older at the time of the act 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 discretionary transfer to the appropriate court for criminal prosecution. In determining whether to transfer the child for criminal prosecution, the juvenile court shall follow the procedures in section 2152.12 of the Revised Code. If the court does not transfer the child and if the court adjudicates the child to be a delinquent child for the act charged, the court shall issue an order of disposition in accordance with section 2152.11 of the Revised Code.
Sec. 2152.11. (A) A child who is adjudicated a delinquent child for committing an act that would be a felony if committed by an adult is eligible for a particular type of disposition under this section if the child was not transferred under section 2152.12 of the Revised Code. If the complaint, indictment, or information charging the act includes one or more of the following factors, the act is considered to be enhanced, and the child is eligible for a more restrictive disposition under this section;
(1) The act charged against the child would be an offense of violence if committed by an adult.
(2) During the commission of the act charged, the child used a firearm, displayed a firearm, brandished a firearm, or indicated that the child possessed a firearm and actually possessed a firearm.
(3) The child previously was admitted to a department of youth services facility for the commission of an act that would have been aggravated murder, murder, a felony of the first or second degree if committed by an adult, or an act that would have been a felony of the third degree and an offense of violence if committed by an adult.
(B) If a child is adjudicated a delinquent child for committing an act that would be aggravated murder or murder if committed by an adult, the child is eligible for whichever of the following is appropriate:
(1) Mandatory SYO, if the act allegedly was committed when the child was fourteen or fifteen years of age;
(2) Discretionary SYO, if the act was committed when the child was ten, eleven, twelve, or thirteen years of age;
(3) Traditional juvenile, if divisions (B)(1) and (2) of this section do not apply.
(C) if a child is adjudicated a delinquent child for committing an act that would be attempted aggravated murder or attempted murder if committed by an adult, the child is eligible for whichever of the following is appropriate:
(1) Mandatory SYO, if the act allegedly was committed when the child was fourteen or fifteen years of age;
(2) Discretionary SYO, if the act was committed when the child was ten, eleven, twelve, or thirteen years of age;
(3) Traditional juvenile, if divisions (C)(1) and (2) of this section do not apply.
(D) if a child is adjudicated a delinquent child for committing an act that would be a felony of the first degree if committed by an adult, the child is eligible for whichever of the following is appropriate:
(1) Mandatory SYO, if the act allegedly was committed when the child was sixteen or seventeen years of age, and the act is enhanced by the factors described in division (A)(1) and either division (A)(2) or (3) of this section;
(2) Discretionary SYO, if any of the following applies:
(a) The act was committed when the child was sixteen or seventeen years of age, and division (D)(1) of this section does not apply.
(b) The act was committed when the child was fourteen or fifteen years of age.
(c) The act was committed when the child was twelve or thirteen years of age, and the act is enhanced by any factor described in division (A)(1), (2), or (3) of this section.
(d) The act was committed when the child was ten or eleven years of age, and the act is enhanced by the factors described in division (A)(1) and either division (A)(2) or (3) of this section.
(3) Traditional juvenile, if divisions (D)(1) and (2) of this section do not apply.
(E) if a child is adjudicated a delinquent child for committing an act that would be a felony of the second degree if committed by an adult, the child is eligible for whichever of the following is appropriate:
(1) Discretionary SYO, if the act was committed when the child was fourteen, fifteen, sixteen, or seventeen years of age;
(2) Discretionary SYO, if the act was committed when the child was twelve or thirteen years of age, and the act is ENHANCED by any factor described in division (A)(1), (2), or (3) of this section;
(3) Traditional juvenile, if divisions (E)(1) and (2) of this section do not apply.
(F) if a child is adjudicated a delinquent child for committing an act that would be a felony of the third degree if committed by an adult, the child is eligible for whichever of the following is appropriate:
(1) Discretionary SYO, if the act was committed when the child was sixteen or seventeen years of age;
(2) Discretionary SYO, if the act was committed when the child was fourteen or fifteen years of age, and the act is enhanced by any factor described in division (A)(1), (2), or (3) of this section;
(3) Traditional juvenile, if divisions (F)(1) and (2) of this section do not apply.
(G) if a child is adjudicated a delinquent child for committing an act that would be a felony of the fourth or fifth degree if committed by an adult, the child is eligible for whichever of the following dispositions is appropriate:
(1) Discretionary SYO, if the act was committed when the child was sixteen or seventeen years of age, and the act is enhanced by any factor described in division (A)(1), (2), or (3) of this section;
(2) Traditional juvenile, if division (G)(1) of this section does not apply.
(H) The following table describes the dispositions that a juvenile court may impose on a delinquent child:
| OFFENSE CATEGORY | AGE | AGE | AGE | AGE | ||||
| (Enhancement factors) | 16 & 17 | 14 & 15 | 12 & 13 | 10 & 11 |
| Murder/aggravated murder | N/A | MSYO, TJ | DSYO, TJ | DSYO, TJ | ||||
| Attempted murder/attempted aggravated murder | N/A | MSYO, TJ | DSYO, TJ | DSYO, TJ | ||||
| F1 (Enhanced by offense of violence factor and either disposition firearm factor or previous DYS admission factor) | msyo, TJ | DSYO, TJ | DSYO, TJ | DSYO, TJ | ||||
| F1 (Enhanced by any single or other combination of enhancement factors) | DSYO, TJ | DSYO, TJ | DSYO, TJ | TJ | ||||
| F1 (Not enhanced) | DSYO, TJ | DSYO, TJ | TJ | TJ | ||||
| F2 (Enhanced by any enhancement factor) | DSYO, TJ | DSYO, TJ | DSYO, TJ | TJ | ||||
| F2 (Not enhanced) | DSYO, TJ | DSYO, TJ | TJ | TJ | ||||
| F3 (Enhanced by any enhancement factor) | DSYO, TJ | DSYO, TJ | TJ | TJ | ||||
| F3 (Not enhanced) | DSYO, TJ | TJ | TJ | TJ | ||||
| F4 (Enhanced by any enhancement factor) | DSYO, TJ | TJ | TJ | TJ | ||||
| F4 (Not enhanced) | TJ | TJ | TJ | TJ | ||||
| F5 (Enhanced by any enhancement factor) | DSYO, TJ | TJ | TJ | TJ | ||||
| F5 (Not enhanced) | TJ | TJ | TJ | TJ |
(I) The table in division (H) of this section is for illustrative purposes only. If the table conflicts with any provision of divisions (A) to (G) of this section, divisions (A) to (G) of this section shall control.
(J) Key for table in division (H) of this section:
(1) "Any enhancement factor" applies when the criteria described in division (A)(1), (2), or (3) of this section apply.
(2) The "disposition firearm factor" applies when the criteria described in division (A)(2) of this section apply.
(3) "DSYO" refers to discretionary serious youthful offender disposition.
(4) "F1" refers to an act that would be a felony of the first degree if committed by an adult.
(5) "F2" refers to an act that would be a felony of the second degree if committed by an adult.
(6) "F3" refers to an act that would be a felony of the third degree if committed by an adult.
(7) "F4" refers to an act that would be a felony of the fourth degree if committed by an adult.
(8) "F5" refers to an act that would be a felony of the fifth degree if committed by an adult.
(9) "MSYO" refers to mandatory serious youthful offender disposition.
(10) The "offense of violence factor" applies when the criteria described in division (A)(1) of this section apply.
(11) The "previous DYS admission factor" applies when the criteria described in division (A)(3) of this section apply.
(12) "TJ" refers to traditional juvenile.
Sec. 2151.26 2152.12. (A) As used in this section:
(1) "Category one offense" means any of the following:
(a) A violation of section 2903.01 or 2903.02 of the
Revised Code;
(b) A violation of section 2923.02 of the
Revised Code
involving an attempt to commit aggravated murder or murder.
(2) "Category two offense" means any of the following:
(a) A violation of section 2903.03, 2905.01, 2907.02,
2909.02, 2911.01, or 2911.11 of the Revised
Code;
(b) A violation of section 2903.04 of the Revised Code
that is a felony of the first degree;
(c) A violation of section 2907.12 of the Revised Code as it existed prior
to September 3, 1996.
(3) "Firearm" has the same
meaning as in section 2923.11 of the
Revised Code.
(4) "Act charged" means the act that a child allegedly committed
and that is identified in a complaint alleging that the child is a delinquent
child as the act that is the basis of the child being a delinquent child.
(B)(1)(a) After a complaint has been filed alleging that a
child
is a delinquent
child for committing an act that would be
an offense aggravated murder, murder, attempted aggravated murder,
or attempted murder if committed by an adult,
the juvenile court at a hearing shall transfer the
case for criminal prosecution to the appropriate court having jurisdiction
of
the offense if the child was fourteen sixteen or seventeen
years of age or older at the time of the
act charged, if and there is probable cause to believe that the
child committed
the act charged, and. The juvenile court also shall transfer
the case at a hearing if the child was fourteen or
fifteen years of age at the time of the act charged,
if section 2152.10 of the Revised Code provides
that the child is eligible for mandatory
transfer, and if there is probable cause to believe that the child committed
the act charged.
(b) after a COMPLAINT has been filed ALLEGING that a child is a DELINQUENT child by reason of COMMITTING a category two offense, the juvenile court at a hearing shall transfer the case if section 2152.10 of the Revised Code requires the mandatory transfer of the case and there is probable cause to believe that the child committed the act charged.
(2) The juvenile court also shall transfer a case in the circumstances
described in division (C)(5) of section 2152.02 of the Revised Code or if one
or
more either of the following applies to the child
or the act charged:
(1)(a) A complaint is filed against a child who is
eligible for a discretionary transfer under section
2152.10 of the Revised Code and who
previously was filed in a juvenile court alleging that
the child was a delinquent child for committing an act that would be an
offense if committed by an adult, the juvenile court transferred the case
pursuant to division (B) or (C) of this section for criminal prosecution to
the appropriate court having jurisdiction of the
offense, and the child was convicted of or
pleaded guilty to a felony in that a case that was
transferred to a criminal court.
(2) The (b) A complaint is filed against a child
who is domiciled in another state alleging that the child is a
delinquent child for committing an act that would be a felony if committed by
an adult, and, if the act
charged had been committed in that other state, the child would be
subject to criminal prosecution as an adult under the law of that other state
without the need for a transfer of
jurisdiction from a juvenile, family, or similar noncriminal court to a
criminal court.
(3) The act charged is a category one
offense, and either or both of the following apply to
the child:
(a) The child was sixteen years of age or older
at the time of the act charged.
(b) The child previously was adjudicated a
delinquent child for committing an act that is a category one offense or a
category two offense and was committed to the legal custody of the department
of youth services upon the basis of that adjudication.
(4) The act charged is a category two
offense, other than a violation of section
2905.01 of the Revised Code, the child was sixteen years of age or older
at the time of the commission of the act charged, and either or both of the
following apply to the child:
(a) The child previously was adjudicated a
delinquent child for committing an act that is a category one offense or
a category two offense and was committed to the legal custody of the
department of youth services upon the basis of that adjudication.
(b) The child is alleged to have had a firearm on or about the
child's person or under the child's control while committing the act charged
and to have displayed the firearm, brandished the firearm,
indicated possession of the firearm, or used the firearm to facilitate the
commission of the act charged.
(C)(1)(B) Except as provided in division
(B)(A) of
this section and subject to division (C)(4) of this section,
after a complaint has been filed alleging that a child is a delinquent child
for committing an act that would be a felony if committed by an adult,
the juvenile court at a hearing may transfer the case for criminal
prosecution to the
appropriate court having jurisdiction of the offense, after considering the
factors specified in division (C)(2) of this section and after
making if the court finds all of the following
determinations:
(a)(1) The child was fourteen years of age or older at the
time of the act charged.
(b)(2) There is probable cause to believe that the child
committed the act charged.
(c) After
(3)
The child is not amenable to care or rehabilitation within the
juvenile system, and the safety of the community may require that the
child be subject to adult sanctions. In making its decision
under this division, the court shall consider whether
the applicable factors under division (D) of this
section
indicating that the case should be transferred outweigh the applicable
factors under division (E) of this section indicating that
the case should not be transferred.
The record shall indicate
the specific factors that were applicable and that the court
weighed.
(C) Before considering a transfer under division (B) of
this section, the juvenile court shall order an
investigation, including a mental examination of the child made by a
public or private
agency or a person qualified to make the examination, and after
consideration of all relevant information and factors, including
any factor required to be considered under division (C)(2) of this section,
that there are reasonable grounds to believe that both of the
following criteria are satisfied:
(i) The child is not amenable to care or rehabilitation or
further care or rehabilitation in any facility designed for the
care, supervision, and rehabilitation of delinquent children.
(ii) The safety of the community may require that the child be
placed under legal restraint, including, if necessary, for the
period extending beyond the child's majority.
(2) Subject to division (C)(4) of this section,
when determining whether to order the transfer of a
case for criminal prosecution to the appropriate court having jurisdiction
of the offense pursuant to division (C)(1) of this
section, the court shall consider all of the following factors in
favor of ordering the transfer of the case:
(a) A victim of the act charged was five years of age or younger,
regardless of whether the child who is alleged to have committed that act knew
the age of that victim;
(b) A victim of the act charged sustained
physical harm to the victim's person during the commission of or otherwise as
a result of the act charged.
(c) The act charged is not a violation of section 2923.12 of the Revised
Code, and the child is alleged to have had a firearm on or about the
child's person or under the child's control while committing the act charged
and to have displayed the firearm, brandished the firearm, indicated
possession of the firearm, or used
the firearm to facilitate the commission of the act charged.
(d) The child has a history indicating a failure to be rehabilitated
following one or more commitments pursuant to division (A)(3), (4),
(5), (6), or (7) of section 2151.355 of the
Revised Code.
(e) A victim of the act charged was
sixty-five years of
age or older or permanently and totally disabled at the time of the
commission of the act charged, regardless of whether
the child who is alleged to have committed that act knew the age of that
victim.
(3) A. The child whose case is being considered
for possible transfer for criminal prosecution to the appropriate court having
jurisdiction of the offense under division (C)(1) of this section
may waive the examination required by this division (C)(1)(c) of
this section, if the court finds that the waiver
is competently and intelligently made. Refusal to submit to a
mental and physical examination by the child constitutes a waiver
of the examination.
(4)(D) In considering whether to
transfer a child under division (B) of this
section, the juvenile court shall consider the following
relevant
factors, and any other relevant factors, in favor of a transfer under that
division:
(1) The victim of the act charged suffered physical or psychological harm, or serious economic harm, as a result of the alleged act.
(2) The physical or psychological harm suffered by the victim due to the alleged act of the child was exacerbated because of the physical or psychological vulnerability or the age of the victim.
(3) The child's relationship with the victim facilitated the act charged.
(4) The child allegedly committed the act charged for hire or as a part of a gang or other organized criminal activity.
(5) The child had a firearm on or about the child's person or under the child's control at the time of the act charged, the act charged is not a violation of section 2923.12 of the Revised Code, and the child, during the commission of the act charged, allegedly used or displayed the firearm, brandished the firearm, or indicated that the child possessed a firearm.
(6) At the time of the act charged, the child was awaiting adjudication or disposition as a delinquent child, was under a community control sanction, or was on parole for a prior delinquent child adjudication or conviction.
(7) The results of any previous juvenile sanctions and programs indicate that rehabilitation of the child will not occur in the juvenile system.
(8) The child is emotionally, physically, or psychologically mature enough for the transfer.
(9) There is not sufficient time to rehabilitate the child within the juvenile system.
(E) In considering whether to transfer a child under division (B) of this section, the juvenile court shall consider the following relevant factors, and any other relevant factors, against a transfer under that division:
(1) The victim induced or facilitated the act charged.
(2) The child acted under provocation in allegedly committing the act charged.
(3) The child was not the principal actor in the act charged, or, at the time of the act charged, the child was under the negative influence or coercion of another person.
(4) The child did not cause physical harm to any person or property, or have reasonable cause to believe that harm of that nature would occur, in allegedly committing the act charged.
(5) The child previously has not been adjudicated a delinquent child.
(6) The child is not emotionally, physically, or psychologically mature enough for the transfer.
(7) The child has a mental illness or is a mentally retarded person.
(8) There is sufficient time to rehabilitate the child within the juvenile system and the level of security available in the juvenile system provideS a reasonable assurance of public safety.
(F) If one or more complaints are filed alleging
that a 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 or made
alleging
that division (B)(2), (3), or (4)(A) of this section
applies
and
requires that the case or cases involving one or more of the acts charged be
transferred for criminal prosecution to
the appropriate court having jurisdiction over the offense, and if a
motion also is filed or made requesting that the case or cases
involving one
or more of the acts charged be
transferred for criminal prosecution to the appropriate court having
jurisdiction of the offense pursuant to division
(C)(1)(B) of this section, the juvenile
court, in
deciding the motions, shall proceed in the following
manner:
(a)(1) Initially, the court shall decide the motion alleging
that division (B)(2), (3), or (4)(A) of this section
applies
and requires that the case or cases involving one or more of
the acts charged be transferred for criminal prosecution to the appropriate
court having jurisdiction over the
offense.
(b)(2) If, pursuant to division
(C)(4)(a) of this section, the court determines that
division (B)(2), (3), or (4)(A) of this section applies
and
requires
that the
case or cases involving one or more of the acts charged be transferred for
criminal prosecution to the appropriate court having jurisdiction over the
offense, the court shall transfer the case or cases in accordance with
the applicable that division. After the transfer pursuant to
division (B)(2),
(3), or (4)(A) of this section, the court
shall decide, in accordance with division
(C)(4)(b)(B) of this section,
whether to grant the motion requesting that the case or cases involving one or
more of the acts charged be transferred for criminal prosecution to the
appropriate court having jurisdiction of the offense pursuant to
that division (C)(1) of this section
In making its
decision regarding the motion requesting a transfer pursuant to division
(C)(1) of this section, the court at a hearing
may transfer the subject case to the appropriate court having jurisdiction of
the offense if the act charged in the case would be a felony if committed by
an adult, if
the child was fourteen years of age or older at the time of the act charged,
and if there is probable cause to believe that the child committed the act
charged. Notwithstanding divisions
(C)(1) to (3) division (B) of this section, prior to
transferring a case pursuant to
division (C)(4)(b)(A) of this section,
the court is not required to consider any factor specified in division
(C)(2)(D) or (E) of this section or to
conduct an investigation or make a determination of the type described
in under division (C)(1)(c) of this section.
(c)(3) If the court determines pursuant to division
(C)(4)(a) of this section, that divisions
(B)(2), (3), and (4) division (A) of this section
do does not apply and that none of
those divisions requires require that the case or cases involving
one or more of the
acts charged be
transferred for criminal prosecution to the appropriate court having
jurisdiction over the offense, the court shall decide in accordance with
divisions
(C)(1) to (3) division (B) of this section whether to
grant the motion requesting that the case or cases involving one or more of
the acts charged be transferred
for criminal prosecution to the appropriate court having jurisdiction of
the
offense pursuant to division (C)(1) of this
section that division.
(D)(G) The court shall give notice in writing of the time,
place, and purpose of
any hearing held pursuant to division (A) or (B) or (C)
of this section
to the child's parents, guardian, or other custodian and
to the child's counsel at least three days prior to the
hearing.
(E)(H) No person, either before or after reaching eighteen
years of age, shall be prosecuted as an adult for an offense
committed prior to becoming eighteen years of age, unless the
person has been transferred as provided in division (A) or (B)
or (C) of
this section or unless division (G)(J) of this section
applies.
Any prosecution that is had in a criminal court on the mistaken belief that
the person who is the subject of the case was eighteen years of age or older
at the time of the commission of the offense shall be deemed a nullity, and
the person shall not be considered to have been in jeopardy on the offense.
(F)(I) Upon the transfer of a case for criminal
prosecution to the appropriate court having jurisdiction of the offense
under
division (A) or (B) or (C) of this
section, the juvenile court
shall state the reasons for the transfer on the record, and
shall order the child to enter into a
recognizance with good and sufficient surety for the child's
appearance
before the appropriate court for any disposition that the court
is authorized to make for a similar act committed by an
adult. The transfer abates the jurisdiction of the juvenile court with
respect to the delinquent acts alleged in the complaint, and, upon
the transfer, all further proceedings pertaining to the act charged shall be
discontinued in the juvenile court, and
the case then shall be within the jurisdiction of the court to which it is
transferred as described in division (H) of section 2151.23 of the Revised
Code.
(G)(J) If a person under eighteen
years of age allegedly commits an act that would be a felony if committed by
an adult and if the person is not taken into custody or
apprehended for that
act until after the person attains twenty-one years of age,
the juvenile court
does not have jurisdiction to hear or determine any portion of the case
charging the person with committing that act. In those
circumstances, divisions (A) and (B) and (C) of
this section do not apply
regarding that the act, and
the case charging the person
with committing that the act shall be a criminal prosecution
commenced and heard in the appropriate court having jurisdiction of the
offense as if the person had
been eighteen years of age or older when the person committed that
the act, all. All proceedings pertaining to
that the act shall be within the jurisdiction of the
court having jurisdiction of the offense, and the that court
having jurisdiction of
the offense has all the authority and duties in the case as it has in
other criminal cases commenced in that court.
Sec. 2152.13. (A) A juvenile court may impose a serious youthful offender dispositional sentence on a child only if the prosecuting attorney of the county in which the delinquent act allegedly occurred initiates the process against the child in accordance with this division or division (B) of this section, and the child is an alleged delinquent child who is eligible for the dispositional sentence. The prosecuting attorney may initiate the process in any of the following ways:
(1) The child is indicted as a SERIOUS youthful offender or is charged in a BILL of INFORMATION as a SERIOUS youthful offender.
(2) The original complaint alleging that the child is a delinquent child requests a SERIOUS youthful offender dispositional sentence.
(B) Unless the original complaint includes a notice of intent to seek that type of sentence, the PROSECUTING attorney shall file with the juvenile court a written notice of intent to seek a serious youthful offender dispositional sentence within twenty days after the later of the following, unless the time is extended by the juvenile court for good cause shown:
(1) The date of the child's first juvenile court hearing regarding the complaint;
(2) The date the juvenile court determines not to transfer the case under section 2152.12 of the Revised Code.
After a written notice is filed under this division, the juvenile court shall serve a copy of the notice on the child and advise the child of the prosecuting attorney's intent to seek a serious youthful offender dispositional sentence in the case.
(C) If an alleged delinquent child is not indicted or charged by information as described in division (A) of this section and if a notice or complaint as described in division (A)(3) or (B) of this section indicates that the prosecuting attorney intends to pursue a serious youthful offender dispositional sentence in the case, the juvenile court shall hold a preliminary hearing to determine if there is probable cause that the child committed the act charged and is by age eligible for, or required to receive, a serious youthful offender dispositional sentence.
(D)(1) A child for whom a serious youthful offender dispositional sentence is sought has the right to a grand jury determination of probable cause that the child committed the act charged and that the child is eligible by age for a serious youthful offender dispositional sentence. The grand jury may be impaneled by the court of common pleas or the juvenile court.
Once a child is indicted, or charged by information or the juvenile court determines that the child is eligible for a serious youthful offender dispositional sentence, the child is entitled to an open and speedy trial by jury in juvenile court and to be provided with a transcript of the proceedings. The time within which the trial is to be held under Title XXIX of the Revised Code commences on whichever of the following dates is applicable:
(a) If the child is indicted or charged by information, on the date of the filing of the indictment or information.
(b) If the child is charged by an original complaint that requests a serious youthful offender dispositional sentence, on the date of the filing of the complaint.
(c) If the child is not charged by an original complaint that requests a serious youthful offender dispositional sentence, on the date that the prosecuting attorney files the written notice of intent to seek a serious youthful offender dispositional sentence.
(2) If the child is detained awaiting adjudication, upon indictment or being charged by information, the child has the same right to bail as an adult charged with the offense the alleged delinquent act would be if committed by an adult. Except as provided in division (D) of section 2152.14 of the Revised Code, all provisions of Title XXIX of the Revised Code and the Criminal Rules shall apply in the case and to the child. The juvenile court shall afford the child all rights afforded a person who is prosecuted for committing a crime including the right to counsel and the right to raise the issue of competency. The child may not waive the right to counsel.
(E)(1) If a child is adjudicated a delinquent child for committing an act under circumstances that require the juvenile court to impose upon the child a serious youthful offender dispositional sentence under section 2152.11 of the Revised Code, all of the following apply:
(a) The juvenile court shall impose upon the child a sentence available for the violation, as if the child were an adult, under Chapter 2929. of the Revised Code, except that the juvenile court shall not impose on the child a sentence of death or life imprisonment without parole.
(b) The juvenile court also shall impose upon the child one or more traditional juvenile dispositions under sections 2152.16 and 2152.19 of the Revised Code.
(c) The juvenile court shall stay the adult portion of the serious youthful offender dispositional sentence pending the successful completion of the traditional juvenile dispositions imposed.
(2)(a) if a child is adjudicated a delinquent child for committing an act under circumstances that allow, but do not require, the juvenile court to impose on the child a serious youthful offender dispositional sentence under section 2152.11 of the Revised Code, all of the following apply:
(i) If the juvenile court on the record makes a finding that, given the nature and circumstances of the violation and the history of the child, the length of time, level of security, and types of programming and resources available in the juvenile system alone are not adequate to provide the juvenile court with a reasonable expectation that the purposes set forth in section 2152.01 of the Revised Code will be met, the juvenile court may impose upon the child a sentence available for the violation, as if the child were an adult, under Chapter 2929. of the Revised Code, except that the juvenile court shall not impose on the child a sentence of death or life imprisonment without parole.
(ii) If a sentence is imposed under division(E)(2)(a)(i) of this section, the juvenile court also shall impose upon the child one or more traditional juvenile dispositions under sections 2152.16, 2152.19, and 2152.20 and, if applicable, section 2152.17 of the Revised Code.
(iii) The juvenile court shall stay the adult portion of the serious youthful offender dispositional sentence pending the successful completion of the traditional juvenile dispositions imposed.
(b) If the juvenile court does not find that a sentence should be imposed under division (E)(2)(a)(i) of this section, the juvenile court may impose one or more traditional juvenile dispositions under sections 2152.16, 2152.19, and, if applicable, section 2152.17 of the Revised Code.
(3) A child upon whom a serious youthful offender dispositional sentence is imposed under division (E)(1) or (2) of this section has a right to appeal under division (A)(1), (3), (4), (5), or (6) of section 2953.08 of the RevisedCode the adult portion of the serious youthful offender dispositional sentence when any of those divisions apply. the child may appeal the adult portion, and the court shall consider the appeal as if the adult portion were not stayed.
Sec. 2152.14. (A)(1) The director of youth services may request the prosecuting attorney of the county in which is located the juvenile court that imposed a serious youthful offender dispositional sentence upon a person to file a motion with that juvenile court to invoke the adult portion of the dispositional sentence if all of the following apply to the person:
(a) The person is at least fourteen years of age.
(b) The person is in the institutional custody, or an escapee from the custody, of the department of youth services.
(c) The person is serving the juvenile portion of the serious youthful offender dispositional sentence.
(2) The motion shall state that there is reasonable cause to believe that either of the following misconduct has occurred and shall state that at least one incident of misconduct of that nature occurred after the person reached fourteen years of age:
(a) The person committed an act that is a violation of the rules of the institution and that could be charged as any felony or as a first degree misdemeanor offense of violence if committed by an adult.
(b) The person has engaged in conduct that creates a substantial risk to the safety or security of the institution, the community, or the victim.
(B) If a person is at least fourteen years of age, is serving the juvenile portion of a serious youthful offender dispositional sentence, and is on parole or aftercare from a department of youth services facility, or on community control, the director of youth services, the juvenile court that imposed the serious youthful offender dispositional sentence on the person, or the probation department supervising the person may request the prosecuting attorney of the county in which is located the juvenile court to file a motion with the juvenile court to invoke the adult portion of the dispositional sentence. The prosecuting attorney may file a motion to invoke the adult portion of the dispositional sentence even if no request is made. The motion shall state that there is reasonable cause to believe that either of the following occurred:
(1) The person committed an act that is a violation of the conditions of supervision and that could be charged as any felony or as a first degree misdemeanor offense of violence if committed by an adult.
(2) The person has engaged in conduct that creates a substantial risk to the safety or security of the community or of the victim.
(C) If the prosecuting attorney declines a request to file a motion that was made by the department of youth services or the supervising probation department under division (A) or (B) of this section or fails to act on a request made under either division by the department within a reasonable time, the department of youth services or the supervising probation department may file a motion of the type described in division (A) or (B) of this section with the juvenile court to invoke the adult portion of the serious youthful offender dispositional sentence. If the prosecuting attorney declines a request to file a motion that was made by the juvenile court under division (B) of this section or fails to act on a request from the court under that division within a reasonable time, the juvenile court may hold the hearing described in division (D) of this section on its own motion.
(D) Upon the filing of a motion described in division (A), (B), or (C) of this section, the juvenile court may hold a hearing to determine whether to invoke the adult portion of a person's serious juvenile offender dispositional sentence. The juvenile court shall not invoke the adult portion of the dispositional sentence without a hearing. At the hearing the person who is the subject of the serious youthful offender disposition has the right to be present, to receive notice of the grounds upon which the adult sentence portion is sought to be invoked, to be represented by counsel including counsel appointed under Juvenile Rule 4(A), to be advised on the procedures and protections set forth in the Juvenile Rules, and to present evidence on the person's own behalf, including evidence that the person has a mental illness or is a mentally retarded person. The person may not waive the right to counsel. The hearing shall be open to the public. If the person presents evidence that the person has a mental illness or is a mentally retarded person, the juvenile court shall consider that evidence in determining whether to invoke the adult portion of the serious youthful offender dispositional sentence.
(E) The juvenile court may invoke the adult portion of a person's serious youthful offender dispositional sentence if the juvenile court finds all of the following on the record by clear and convincing evidence:
(1) The person is serving the juvenile portion of a serious youthful offender dispositional sentence.
(2) The person is at least fourteen years of age and has been admitted to a department of youth services facility, or criminal charges are pending against the person.
(3) The person engaged in the conduct or acts charged under division (A), (B), or (C) of this section, and the person's conduct demonstrates that the person is unlikely to be rehabilitated during the remaining period of juvenile jurisdiction.
(F) If a juvenile court issues an order invoking the adult portion of a serious youthful offender dispositional sentence under division (E) of this section, the juvenile portion of the dispositional sentence shall terminate, and the department of youth services shall transfer the person to the department of rehabilitation and correction or place the person under another sanction imposed as part of the sentence. The juvenile court shall state in its order the total number of days that the person has been held in detention or in a facility operated by, or under contract with, the department of youth services under the juvenile portion of the dispositional sentence. The time the person must serve on a prison term imposed under the adult portion of the dispositional sentence shall be reduced by the total number of days specified in the order plus any additional days the person is held in a juvenile facility or in detention after the order is issued and before the person is transferred to the custody of the department of rehabilitation and correction. In no case shall the total prison term as calculated under this division exceed the maximum prison term available for an adult who is convicted of violating the same sections of the Revised Code.
Any community control imposed as part of the adult sentence or as a condition of a judicial release from prison shall be under the supervision of the entity that provides adult probation services in the county. Any post-release control imposed after the offender otherwise is released from prison shall be supervised by the adult parole authority.
Sec. 2152.16. (A)(1) If a child is adjudicated a delinquent child for committing an act that would be a felony if committed by an adult, the juvenile court may commit the child to the legal custody of the department of youth services for secure confinement as follows:
(a) For an act that would be aggravated murder or murder if committed by an adult, until the offender attains twenty-one years of age;
(b) for a violation of section 2923.02 of the revised code that involves an attempt to commit an act that would be aggravated murder or murder if committed by an adult, a minimum period of six to seven years as prescribed by the court and a maximum period not to exceed the CHild'S ATTAINMENT of twenty-one years of age;
(c) For a violation of section 2903.03, 2905.01, 2909.02, or 2911.01 or division (A) of section 2903.04 of the Revised Code or for a violation of any provision of section 2907.02 of the Revised Code other than division (A)(1)(b) of that section when the sexual conduct or insertion involved was consensual and when the victim of the violation of division(A)(1)(b) of that section was older than the delinquent child, was the same age as the delinquent child, or was less than three years younger than the delinquent child, for an indefinite term consisting of a minimum period of one to three years, as prescribed by the court, and a maximum period not to exceed the child's attainment of twenty-one years of age;
(d) If the child is adjudicated a delinquent child for committing an act that is not described in division (A)(1)(b)or (c) of this section and that would be a felony of the first or second degree if committed by an adult, for an indefinite term consisting of a minimum period of one year and a maximum period not to exceed the child's attainment of twenty-one years of age.
(e) For committing an act that would be a felony of the third, fourth, or fifth degree if committed by an adult or for a violation of division (A) of section 2923.211 of the Revised Code, for an indefinite term consisting of a minimum period of six months and a maximum period not to exceed the child's attainment of twenty-one years of age.
(2) In each case in which a court makes a disposition under this section, the court retains control over the commitment for the minimum period specified by the court in divisions (A)(1)(a) to (e) of this section. During the period of court control, the department of youth services shall not move the child to a nonsecure setting without the permission of the court that imposed the disposition.
(B) If a delinquent child is committed to the department of youth services under this section, the department may release the child at any time after the period of court control imposed under division (A)(1) of this section ends.
(c) if a child is adjudicated a delinquent child, at the dispositional hearing and prior to making any DISPOSITION pursuant to this section, the court shall determine whether the delinquent child PREVIOUSLY has been adjudicated a delinquent child for a violation of a law or ordinance. if the delinquent child previously has been adjudicated a delinquent child for a violation of a law or ordinance, the court, for purposes of entering an order of DISPOSITION of the delinquent child under this section, shall consider the previous delinquent child ADJUDICATION as a CONVICTION of a violation of the law or ordinance in determining the degree of the offense the current act would be had it been committed by an adult. this division also shall apply in RELATION to the IMPOSITION of any financial sanction under section 2152.19 of the Revised Code.
Sec. 2152.17. (A) Subject to division (D) of this section, if a child is adjudicated a delinquent child for committing an act, other than a violation of section 2923.12 of the Revised Code, that would be a felony if committed by an adult and if the court determines that, if the child was an adult, the child would be guilty of a specification of the type set forth in section 2941.141, 2941.144, 2941.145, or 2941.146 of the Revised Code, in addition to any commitment or other disposition the court imposes for the underlying delinquent act, all of the following apply:
(1) If the court determines that the child would be guilty of a specification of the type set forth in section 2941.141 of the Revised Code, the court may commit the child to the department of youth services for the specification for a definite period of up to one year.
(2) If the court determines that the child would be guilty of a specification of the type set forth in section 2941.145 of the Revised Code, the court shall commit the child to the department of youth services for the specification for a definite period of not less than one and not more than three years, and the court also shall commit the child to the department for the underlying delinquent act under sections 2152.11 to 2152.16 of the Revised Code.
(3) If the court determines that the child would be guilty of a specification of the type set forth in section 2941.144 or 2941.146 of the Revised Code, the court shall commit the child to the department of youth services for the specification for a definite period of not less than one and not more than five years, and the court also shall commit the child to the department for the underlying delinquent act under sections 2152.11 to 2152.16 of the Revised Code.
(B) Division (A) of this section also applies to a child who is an accomplice to the same extent the firearm specifications would apply to an adult accomplice in a criminal proceeding.
(C) If a child is adjudicated a delinquent child for committing an act that would be aggravated murder, murder, or a first, second, or third degree felony offense of violence if committed by an adult and if the court determines that, if the child was an adult, the child would be guilty of a specification of the type set forth in section 2941.142 of the Revised Code in relation to the act for which the child was adjudicated a delinquent child, the court shall commit the child for the specification to the legal custody of the department of youth services for institutionalization in a secure facility for a definite period of not less than one and not more than three years, subject to division (D) of this section, and the court also shall commit the child to the department for the underlying delinquent act.
(D) The court shall not commit a child to the legal custody of the department of youth services for a specification pursuant to this section for a period that exceeds five years for any one delinquent act. Any commitment imposed pursuant to division (A), (B), or (C) of this section shall be in addition to, and shall be served consecutively with and prior to, a period of commitment ordered under this chapter for the underlying delinquent act , AND EACH COMMITMENT IMPOSED PURSUANT TO DIVISION (A), (B), OR (C) OF THIS SECTION SHALL BE IN ADDITION TO, AND SHALL BE SERVED CONSECUTIVELY WITH, ANY OTHER PERIOD OF COMMITMENT IMPOSED UNDER THOSE DIVISIONS. If a commitment is imposed under division (A) or (B) of this section and a commitment also is imposed under division (C) of this section, the period imposed under division (A) or (B) of this section shall be served prior to the period imposed under division (C) of this section.
The total of all the periods of commitment imposed for any specification under this section and for the underlying offense shall not exceed the child's attainment of twenty-one years of age.
(E) If a child is adjudicated a delinquent child for committing two or more acts that would be felonies if committed by an adult and if the court entering the delinquent child adjudication orders the commitment of the child for two or more of those acts to the legal custody of the department of youth services for institutionalization in a secure facility pursuant to section 2152.13 or 2152.16 of the Revised Code, the court may order that all of the periods of commitment imposed under those sections for those acts be served consecutively in the legal custody of the department of youth services, provided that those periods of commitment shall be in addition to and commence immediately following the expiration of a period of commitment that the court imposes pursuant to division (A), (B), or (C) of this section. A court shall not commit a delinquent child to the legal custody of the department of youth services under this division for a period that exceeds the child's attainment of twenty-one years of age.
(F) If a child is adjudicated a delinquent child for committing an act that if committed by an adult would be aggravated murder, murder, rape, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, involuntary manslaughter, a felony of the first or second degree resulting in the death of or physical harm to a person, complicity in or an attempt to commit any of those offenses, or an offense under an existing or former law of this state that is or was substantially equivalent to any of those offenses and if the court in its order of disposition for that act commits the child to the custody of the department of youth services, the adjudication shall be considered a conviction for purposes of a future determination pursuant to Chapter 2929. of the Revised Code as to whether the child, as an adult, is a repeat violent offender.
Sec. 2152.18. (A) When a juvenile court commits a delinquent child to the custody of the department of youth services pursuant to this chapter, the court shall not designate the specific institution in which the department is to place the child but instead shall specify that the child is to be institutionalized in a secure facility.
(B) When a juvenile court commits a delinquent child to the custody of the department of youth services pursuant to this chapter, the court shall state in the order of commitment the total number of days that the child has been held in detention in connection with the delinquent child complaint upon which the order of commitment is based. The department shall reduce the minimum period of institutionalization that was ordered by both the total number of days that the child has been so held in detention as stated by the court in the order of commitment and the total number of any additional days that the child has been held in detention subsequent to the order of commitment but prior to the transfer of physical custody of the child to the department.
(C)(1) When a juvenile court commits a delinquent child to the custody of the department of youth services pursuant to this chapter, the court shall provide the department with the child's medical records, a copy of the report of any mental examination of the child ordered by the court, the Revised Code section or sections the child violated and the degree of each violation, the warrant to convey the child to the department, a copy of the court's journal entry ordering the commitment of the child to the legal custody of the department, a copy of the arrest record pertaining to the act for which the child was adjudicated a delinquent child, a copy of any victim impact statement pertaining to the act, and any other information concerning the child that the department reasonably requests. The court also shall complete the form for the standard predisposition investigation report that the department furnishes pursuant to section 5139.04 of the Revised Code and provide the department with the completed form.
The department may refuse to accept physical custody of a delinquent child who is committed to the legal custody of the department until the court provides to the department the documents specified in this division. No officer or employee of the department who refuses to accept physical custody of a delinquent child who is committed to the legal custody of the department shall be subject to prosecution or contempt of court for the refusal if the court fails to provide the documents specified in this division at the time the court transfers the physical custody of the child to the department.
(2) Within twenty working days after the department of youth services receives physical custody of a delinquent child from a juvenile court, the court shall provide the department with a certified copy of the child's birth certificate and the child's social security number or, if the court made all reasonable efforts to obtain the information but was unsuccessful, with documentation of the efforts it made to obtain the information.
(D)(1) Within ten days after an adjudication that a child is a delinquent child, the court shall give written notice of the adjudication to the superintendent of a city, local, exempted village, or joint vocational school district, and to the principal of the school the child attends, if the basis of the adjudication was the commission of an act that would be a criminal offense if committed by an adult, if the act was committed by the delinquent child when the child was fourteen years of age or older, and if the act is any of the following:
(a) An act that would be a felony or an offense of violence if committed by an adult, an act in the commission of which the child used or brandished a firearm, or an act that is a violation of section 2907.06, 2907.07, 2907.08, 2907.09, 2907.24, or 2907.241 of the Revised Code and that would be a misdemeanor if committed by an adult;
(b) A violation of section 2923.12 of the Revised Code or of a substantially similar municipal ordinance that would be a misdemeanor if committed by an adult and that was committed on property owned or controlled by, or at an activity held under the auspices of, the board of education of that school district;
(c) A violation of division (A) of section 2925.03 or 2925.11 of the Revised Code that would be a misdemeanor if committed by an adult, that was committed on property owned or controlled by, or at an activity held under the auspices of, the board of education of that school district, and that is not a minor drug possession offense;
(d) An act that would be a criminal offense if committed by an adult and that results in serious physical harm to persons or serious physical harm to property while the child is at school, on any other property owned or controlled by the board, or at an interscholastic COMPETITION, an extracurricular event, or any other school program or activity;
(e) Complicity in any violation described in division (D)(1)(a), (b), (c), or (d) of this section that was alleged to have been committed in the manner described in division (D)(1)(a), (b), (c), or (d) of this section, regardless of whether the act of complicity was committed on property owned or controlled by, or at an activity held under the auspices of, the board of education of that school district.
(2) The notice given pursuant to division (K)(1) of this section shall include the name of the child who was adjudicated to be a delinquent child, the child's age at the time the child committed the act that was the basis of the adjudication, and identification of the violation of the law or ordinance that was the basis of the adjudication.
(3) Within fourteen days after committing a delinquent child to the custody of the department of youth services, the court shall give notice to the school attended by the child of the child's commitment by sending to that school a copy of the court's journal entry ordering the commitment. As soon as possible after receipt of the notice described in this division, the school shall provide the department with the child's school transcript. However, the department shall not refuse to accept a child committed to it, and a child committed to it shall not be held in a county or district detention facility, because of a school's failure to provide the school transcript that it is required to provide under this division.
(4) Within fourteen days after releasing a child from an institution under its control, the department of youth services shall provide the court and the school with an updated copy of the child's school transcript and a summary of the Institutional record of the child. The department also shall provide the court with a copy of any portion of the child's institutional record that the court specifically requests, within five working days of the request.
(E) At any hearing at which a child is adjudicated a delinquent child or as soon as possible after the hearing, the court shall notify all victims of the delinquent act who may be entitled to a recovery under any of the following sections of the right of the victims to recover, pursuant to section 3109.09 of the Revised Code, compensatory damages from the child's parents; of the right of the victims to recover, pursuant to section 3109.10 of the Revised Code, compensatory damages from the child's parents for willful and malicious assaults committed by the child; and of the right of the victims to recover an award of reparations pursuant to sections 2743.51 to 2743.72 of the Revised Code.
Sec. 2152.19. (A) If a child is adjudicated a delinquent child, the court may make any of the following orders of disposition, in addition to any other disposition authorized or required by this chapter:
(1) Any order that is authorized by section 2151.353 of the Revised Code for the care and protection of an abused, neglected, or dependent child.
(2) Commit the child to the temporary custody of any school, camp, institution, or other facility operated for the care of delinquent children by the county, by a district organized under section 2152.41 or 2151.65 of the Revised Code, or by a private agency or organization, within or without the state, that is authorized and qualified to provide the care, treatment, or placement required;
(3) Place the child on community control under any sanctions, services, and conditions that the court prescribes. As a condition of community control in every case and in addition to any other condition that it imposes upon the child, the court shall require the child to abide by the law during the period of community control. As referred to in this division, community control includes, but is not limited to, the following sanctions and conditions:
(a) A period of basic probation supervision in which the child is required to maintain contact with a person appointed to supervise the child in accordance with sanctions imposed by the court;
(b) A period of intensive probation supervision in which the child is required to maintain frequent contact with a person appointed by the court to supervise the child while the child is seeking or maintaining employment and participating in training, education, and treatment programs as the order of disposition;
(c) A period of day reporting in which the child is required each day to report to and leave a center or another approved reporting location at specified times in order to participate in work, education or training, treatment, and other approved programs at the center or outside the center;
(d) A period of community service of up to five hundred hours for an act that would be a felony or a misdemeanor of the first degree if committed by an adult, up to two hundred hours for an act that would be a misdemeanor of the second, third, or fourth degree if committed by an adult, or up to thirty hours for an act that would be a minor misdemeanor if committed by an adult;
(e) A requirement that the child obtain a high school diploma, a certificate of high school equivalence, vocational training, or employment;
(f) A period of drug and alcohol use monitoring;
(g) A requirement of alcohol or drug assessment or counseling, or a period in an alcohol or drug treatment program with a level of security for the child as determined necessary by the court;
(h) A period in which the court orders the child to observe a curfew that may involve daytime or evening hours;
(i) A requirement that the child serve monitored time;
(j) A period of house arrest with or without electronic monitoring;
(k) A period of electronic monitoring without house arrest or electronically monitored house arrest that does not exceed the maximum sentence of imprisonment that could be imposed upon an adult who commits the same act.
A period of electronically monitored house arrest imposed under this division shall not extend beyond the child's twenty-first birthday. If a court imposes a period of electronically monitored house arrest upon a child under this division, it shall require the child: to wear, otherwise have attached to the child's person, or otherwise be subject to monitoring by a certified electronic monitoring device or to participate in the operation of and monitoring by a certified electronic monitoring system; to remain in the child's home or other specified premises for the entire period of electronically monitored house arrest except when the court permits the child to leave those premises to go to school or to other specified premises; to be monitored by a central system that can determine the child's location at designated times; to report periodically to a person designated by the court; and to enter into a written contract with the court agreeing to comply with all requirements imposed by the court, agreeing to pay any fee imposed by the court for the costs of the electronically monitored house arrest, and agreeing to waive the right to receive credit for any time served on electronically monitored house arrest toward the period of any other dispositional order imposed upon the child if the child violates any of the requirements of the dispositional order of electronically monitored house arrest. The court also may impose other reasonable requirements upon the child.
Unless ordered by the court, a child shall not receive credit for any time served on electronically monitored house arrest toward any other dispositional order imposed upon the child for the act for which was imposed the dispositional order of electronically monitored house arrest.
(l) A suspension of the driver's license, probationary driver's license, or temporary instruction permit issued to the child or a suspension of the registration of all motor vehicles registered in the name of the child. A child whose license or permit is so suspended is ineligible for issuance of a license or permit during the period of suspension. At the end of the period of suspension, the child shall not be reissued a license or permit until the child has paid any applicable reinstatement fee and complied with all requirements governing license reinstatement.
(4) Commit the child to the custody of the court;
(5) Require the child to not be absent without legitimate excuse from the public school the child is supposed to attend for five or more consecutive days, seven or more school days in one school month, or twelve or more school days in a school year;
(6)(a) If a child is adjudicated a delinquent child for being a chronic truant or an habitual truant who previously has been adjudicated an unruly child for being a habitual truant, do either or both of the following:
(i) Require the child to participate in a truancy prevention mediation program;
(ii) Make any order of disposition as authorized by this section, except that the court shall not commit the child to a facility described in division (A)(2) of this section unless the court determines that the child violated a lawful court order made pursuant to division (C)(1)(e) of section 2151.354 of the Revised Code or division (A)(5) of this section.
(b) If a child is adjudicated a delinquent child for being a chronic truant or a habitual truant who previously has been adjudicated an unruly child for being a habitual truant and the court determines that the parent, guardian, or other person having care of the child has failed to cause the child's attendance at school in violation of section 3321.38 of the Revised Code, do either or both of the following:
(i) Require the parent, guardian, or other person having care of the child to participate in a truancy prevention mediation program;
(ii) Require the parent, guardian, or other person having care of the child to participate in any community service program, preferably a community service program that requires the involvement of the parent, guardian, or other person having care of the child in the school attended by the child.
(7) Make any further disposition that the court finds proper, except that the child shall not be placed in any of the following:
(a) A state correctional institution, a county, multicounty, or municipal jail or workhouse, or another place in which an adult convicted of a crime, under arrest, or charged with a crime is held;
(b) A community corrections facility, if the child would be covered by the definition of public safety beds for purposes of sections 5139.41 to 5139.45 of the Revised Code if the court exercised its authority to commit the child to the legal custody of the department of youth services for institutionalization or institutionalization in a secure facility pursuant to this chapter.
(B) If a child is adjudicated a delinquent child, in addition to any order of disposition made under division (A) of this section, the court, in the following situations, shall suspend the child's temporary instruction permit, restricted license, probationary driver's license, or nonresident operating privilege, or suspend the child's ability to obtain such a permit:
(1) The child is adjudicated a delinquent child for violating section 2923.122 of the Revised Code, with the suspension and denial being in accordance with division (E)(1)(a), (c), (d), or (e) of section 2923.122 of the Revised Code.
(2) The child is adjudicated a delinquent child for committing an act that if committed by an adult would be a drug abuse offense or for violating division (B) of section 2917.11 of the Revised Code, with the suspension continuing until the child attends and satisfactorily completes a drug abuse or alcohol abuse education, intervention, or treatment program specified by The court. During the time the child is attending the program, the court shall retain any temporary instruction permit, probationary driver's license, or driver's license issued to the child, and the court shall return the permit or license when the child satisfactorily completes the program.
(C) The court may establish a victim-offender mediation program in which victims and their offenders meet to discuss the offense and suggest possible restitution. If the court obtains the assent of the victim of the delinquent act committed by the child, the court may require the child to participate in the program.
(D)(1) If a child is adjudicated a delinquent child for committing an act that would be a felony if committed by an adult and if the child caused, attempted to cause, threatened to cause, or created a risk of physical harm to the victim of the act, the court, prior to issuing an order of disposition under this section, shall order the preparation of a victim impact statement by the probation department of the county in which the victim of the act resides, by the court's own probation department, or by a victim assistance program that is operated by the state, a county, a municipal corporation, or another governmental entity. The court shall consider the victim impact statement in determining the order of disposition to issue for the child.
(2) Each victim impact statement shall identify the victim of the act for which the child was adjudicated a delinquent child, itemize any economic loss suffered by the victim as a result of the act, identify any physical injury suffered by the victim as a result of the act and the seriousness and permanence of the injury, identify any change in the victim's personal welfare or familial relationships as a result of the act and any psychological impact experienced by the victim or the victim's family as a result of the act, and contain any other information related to the impact of the act upon the victim that the court requires.
(3) A victim impact statement shall be kept confidential and is not a public record. However, the court may furnish copies of the statement to the department of youth services if the delinquent child is committed to the department or to both the adjudicated delinquent child or the adjudicated delinquent child's counsel and the prosecuting attorney. The copy of a victim impact statement furnished by the court to the department pursuant to this section shall be kept confidential and is not a public record. The copies of a victim impact statement that are made available to the adjudicated delinquent child or the adjudicated delinquent child's counsel and the prosecuting attorney pursuant to this division shall be returned to the court by the person to whom they were made available immediately following the imposition of an order of disposition for the child under this chapter.
(4) The department of youth services shall work with local probation departments and victim assistance programs to develop a standard victim impact statement.
(E) If a child is adjudicated a delinquent child for being a chronic truant or an habitual truant who previously has been adjudicated an unruly child for being an habitual truant and the court determines that the parent, guardian, or other person having care of the child has failed to cause the child's attendance at school in violation of section 3321.38 of the Revised Code, in addition to any order of disposition it makes under this section, the court shall warn the parent, guardian, or other person having care of the child that any subsequent adjudication of the child as an unruly or delinquent child for being an habitual or chronic truant may result in a criminal charge against the parent, guardian, or other person having care of the child for a violation of division (C) of section 2919.21 or section 2919.24 of the Revised Code.
(F)(1) During the period of a delinquent child's community control granted under this section, authorized probation officers who are engaged within the scope of their supervisory duties or responsibilities may search, with or without a warrant, the person of the delinquent child, the place of residence of the delinquent child, and a motor vehicle, another item of tangible or intangible personal property, or other real property in which the delinquent child has a right, title, or interest or for which the delinquent child has the express or implied permission of a person with a right, title, or interest to use, occupy, or possess if the probation officers have reasonable grounds to believe that the delinquent child is not abiding by the law or otherwise is not complying with the conditions of the delinquent child's community control. The court that places a delinquent child on community control under this section shall provide the delinquent child with a written notice that informs the delinquent child that authorized probation officers who are engaged within the scope of their supervisory duties or responsibilities may conduct those types of searches during the period of community control if they have reasonable grounds to believe that the delinquent child is not abiding by the law or otherwise is not complying with the conditions of the delinquent child's community control. The court also shall provide the written notice described in division (E)(2) of this section to each parent, guardian, or custodian of the delinquent child who is described in that division.
(2) The court that places a child on community control under this section shall provide the child's parent, guardian, or other custodian with a written notice that informs them that authorized probation officers may conduct searches pursuant to division (E)(1) of this section. The notice shall specifically state that a permissible search might extend to a motor vehicle, another item of tangible or intangible personal property, or a place of residence or other real property in which a notified parent, guardian, or custodian has a right, title, or interest and that the parent, guardian, or custodian expressly or impliedly permits the child to use, occupy, or possess.
Sec. 2152.20. (A) If a child is adjudicated a delinquent child or a juvenile traffic offender, the court may order any of the following dispositions, in addition to any other disposition authorized or required by this chapter:
(1) Impose a fine in accordance with the following schedule:
(a) For an act that would be a minor misdemeanor or an unclassified misdemeanor if committed by an adult, a fine not to exceed fifty dollars;
(b) For an act that would be a misdemeanor of the fourth degree if committed by an adult, a fine not to exceed one hundred dollars;
(c) For an act that would be a misdemeanor of the third degree if committed by an adult, a fine not to exceed one hundred fifty dollars;
(d) For an act that would be a misdemeanor of the second degree if committed by an adult, a fine not to exceed two hundred dollars;
(e) For an act that would be a misdemeanor of the first degree if committed by an adult, a fine not to exceed two hundred fifty dollars;
(f) For an act that would be a felony of the fifth degree or an unclassified felony if committed by an adult, a fine not to exceed three hundred dollars;
(g) For an act that would be a felony of the fourth degree if committed by an adult, a fine not to exceed four hundred dollars;
(h) For an act that would be a felony of the third degree if committed by an adult, a fine not to exceed seven hundred fifty dollars;
(i) For an act that would be a felony of the second degree if committed by an adult, a fine not to exceed one thousand dollars;
(j) For an act that would be a felony of the first degree if committed by an adult, a fine not to exceed one thousand five hundred dollars;
(k) For an act that would be aggravated murder or murder if committed by an adult, a fine not to exceed two thousand dollars.
(2) Require the child to pay costs;
(3) Require the child to make restitution to the victim of the child's delinquent act or, if the victim is deceased, to a survivor of the victim in an amount based upon the victim's economic loss caused by or related to the delinquent act. Restitution required under this division shall be made directly to the victim in open court or to the probation department that serves the jurisdiction or the clerk of courts on behalf of the victim. The restitution may include reimbursement to third parties, other than the delinquent child's insurer, for amounts paid to the victim or to any survivor of the victim for economic loss resulting from the delinquent act. If reimbursement to a third party is required, the reimbursement shall be made to any governmental agency to repay any amounts the agency paid to the victim or any survivor of the victim before any reimbursement is made to any other person.
Restitution required under this division may be in the form of a cash reimbursement paid in a lump sum or in installments, the performance of repair work to restore any damaged property to its original condition, the performance of a reasonable amount of labor for the victim or survivor of the victim, the performance of community service work, any other form of restitution devised by the court, or any combination of the previously described forms of restitution.
The court may base the restitution order under this division on an amount recommended by the victim or survivor of the victim, the delinquent child, a presentence investigation report, estimates or receipts indicating the cost of repairing or replacing property, and any other information. If the amount of the restitution is disputed by the victim or survivor or by the delinquent child, the court shall hold a hearing on the restitution. The court shall determine, or order the determination of, the amount of restitution to be paid by the delinquent child. All restitution payments shall be credited against any recovery of economic loss in a civil action brought by or on behalf of the victim against the delinquent child or the delinquent child's parent, guardian, or other custodian.
The court may order that the delinquent child pay a surcharge, in an amount not exceeding five per cent of the amount of restitution otherwise ordered under this division, to the entity responsible for collecting and processing the restitution payments.
The victim or the survivor of the victim may request that the prosecuting authority file a motion, or the delinquent child may file a motion, for modification of the payment terms of any restitution ordered under this division, based on a substantial change in the delinquent child's ability to pay.
(4) Require the child to reimburse any or all of the costs incurred for services or sanctions provided or imposed, including, but not limited to, the following:
(a) All or part of the costs of implementing any community control imposed as a disposition under section 2152.19 of the Revised Code, including a supervision fee;
(b) All or part of the costs of confinement in a residential facility described in section 2152.19 of the Revised Code or in a department of youth services institution, including, but not limited to, a per diem fee for room and board, the costs of medical and dental treatment provided, and the costs of repairing property the delinquent child damaged while so confined. The amount of reimbursement ordered for a child under this division shall not exceed the total amount of reimbursement the child is able to pay as determined at a hearing and shall not exceed the actual cost of the confinement. The court may collect any reimbursement ordered under this division. If the court does not order reimbursement under this division, confinement costs may be assessed pursuant to a repayment policy adopted under division (E) of section 307.93, division (A) of section 341.06, division (d) of section 341.23, or division (c) of section 753.02, 753.04, 2301.56, or 2947.19 of the Revised Code.
(B)(1) If a child is adjudicated a delinquent child for violating section 2923.32 of the Revised Code, the court shall enter an order of criminal forfeiture against the child in accordance with divisions (B)(3), (4), (5), and (6) and (C) to (F) of section 2923.32 of the Revised Code.
(2) Sections 2925.41 to 2925.45 of the Revised Code apply to children who are adjudicated or could be adjudicated by a juvenile court to be delinquent children for an act that, if committed by an adult, would be a felony drug abuse offense. Subject to division (B) of section 2925.42 and division (E) of section 2925.43 of the Revised Code, a delinquent child of that nature loses any right to the possession of, and forfeits to the state any right, title, and interest that the delinquent child may have in, property as defined in section 2925.41 of the Revised Code and further described In section 2925.42 or 2925.43 of the Revised Code.
(3) Sections 2923.44 to 2923.47 of the Revised Code apply to children who are adjudicated or could be adjudicated by a juvenile court to be delinquent children for an act in violation of section 2923.42 of the Revised Code. Subject to division (B) of section 2923.44 and division (E) of section 2923.45 of the Revised Code, a delinquent child of that nature loses any right to the possession of, and forfeits to the state any right, title, and interest that the delinquent child may have in, property as defined in section 2923.41 of the Revised Code and further described in section 2923.44 or 2923.45 of the Revised Code.
(C) The court may hold a hearing if necessary to determine whether a child is able to pay a sanction under this section.
(D) If a child who is adjudicated a delinquent child is indigent, the court shall consider imposing a term of community service under division (A) of section 2152.19 of the Revised Code in lieu of imposing a financial sanction under this section. If a child who is adjudicated a delinquent child is not indigent, the court may impose a term of community service under that division in lieu of, or in addition to, imposing a financial sanction under this section. The court may order community service for an act that if committed by an adult would be a minor misdemeanor.
If a child fails to pay a financial sanction imposed under this section, the court may impose a term of community service in lieu of the sanction.
(E) The clerk of the court, or another person authorized by law or by the court to collect a financial sanction imposed under this section, may do any of the following:
(1) Enter into contracts with one or more public agencies or private vendors for the collection of the amounts due under the financial sanction, which amounts may include interest from the date of imposition of the financial sanction;
(2) Permit payment of all, or any portion of, the financial sanction in installments, by credit or debit card, by another type of electronic transfer, or by any other reasonable method, within any period of time, and on any terms that the court considers just, except that the maximum time permitted for payment shall not exceed five years. The clerk may pay any fee associated with processing an electronic transfer out of public money and may charge the fee to the delinquent child.
(3) To defray administrative costs, charge a reasonable fee to a child who elects a payment plan rather than a lump sum payment of a financial sanction.
Sec. 2151.356 2152.21. (A) Unless division (C) of this section applies, if a child is adjudicated a juvenile traffic offender, the court may make any of the following orders of disposition:
(1) Impose a fine and costs and one or more financial sanctions
in accordance with the schedule set forth in section 2151.3512
2152.20 of the Revised Code;
(2) Suspend the child's driver's license, probationary
driver's license, or temporary instruction
permit or the registration of all motor vehicles registered in the name of
the child for the a definite period that the court
prescribes not exceeding two years.
A child whose
license or permit is so suspended is ineligible for issuance of a license or
permit during the period of suspension. At the end of the period of
suspension, the child shall not be reissued a license or permit until the
child
has paid any applicable reinstatement fee and complied with all requirements
governing license reinstatement.
(3) Revoke the child's driver's license, probationary driver's
license, or temporary instruction permit or the registration of
all motor vehicles registered in the name of
the child. A child
whose license or permit is so revoked is ineligible for issuance of a license
or permit during the period of revocation. At the end of the period of
revocation, the child shall not be reissued a license or permit until the
child
has paid any applicable reinstatement fee and complied with all requirements
governing license reinstatement.
(4) Place the child on probation community control;
(5)(4) Require the child to make restitution for all damages
caused by the child's traffic violation or any part of the
damages;
(6)(5)(a) If the child is adjudicated a juvenile traffic
offender for committing a violation of division (A) of
section 4511.19 of the Revised Code or of a municipal ordinance
that is substantially comparable equivalent to that division,
commit the
child, for not longer than five days, to either of the following:
(i) To the temporary custody of
a detention home facility or district detention home
facility established under
section 2151.34 2152.41 of the Revised Code, or
to;
(ii) To the temporary
custody
of any school, camp, institution, or other facility for children
operated in whole or in part for the care of juvenile
traffic offenders of that nature by the county, by a district organized
under section 2151.34 2152.41 or 2151.65 of the Revised Code,
or by a private
agency or organization within the state that is authorized and
qualified to provide the care, treatment, or placement required. If
(b) If an order
of disposition committing a child to the temporary custody of a home, school,
camp, institution, or other facility of that nature is
made under division (A)(6)(5)(a) of this section, the length
of the commitment shall
not be reduced or diminished as a credit for any time that the child
was held in a place of detention or shelter care, or otherwise
was detained, prior to entry of the order of disposition.
(7)(6) If, after making a disposition under divisions (A)(1)
to (6) (5) of this section, the court finds upon further
hearing that
the child has failed to comply with the orders of the court and
the child's operation of a motor vehicle constitutes the
child a danger to
the child and to others, the court may make any disposition
authorized by divisions (A)(1), (A)(2)(3), (A)(10) to
(11)(4), and (A)(22)(7) of
section 2151.355 2152.19 of the Revised Code, except that the
child may not
be committed to or placed in a secure correctional facility unless authorized
by division (A)(6)(5) of this section, and commitment to or
placement in
a detention home facility may not exceed twenty-four hours.
(B) If a child is adjudicated a juvenile traffic offender
for violating division (A) or (B) of section
4511.19 of the Revised Code, in addition to any order of disposition made
under division (A) of this section, the court shall
suspend or revoke the temporary instruction permit, probationary
driver's
license, or driver's license
issued to the child for a definite period of time prescribed by the
court at least three months but not more than two years or, at the
discretion of the court, until the
child attends and satisfactorily completes a drug abuse or alcohol abuse
education, intervention, or treatment program specified by the court. During
the time the child is attending the program, the court shall retain any
temporary instruction permit, probationary driver's
license, or driver's license issued to the child and shall return the
permit or
license when the child satisfactorily completes the program. If
a child is adjudicated a juvenile traffic offender for
violating division (B) of section 4511.19 of the
Revised Code, the court shall suspend the temporary instruction
permit, probationary driver's license, or driver's
license issued to the child for a period of
not less than sixty days nor more than two years.
(C) If a child is adjudicated a juvenile traffic offender for violating division (B)(1) or (2) of section 4513.263 of the Revised Code, the court shall impose the appropriate fine set forth in section 4513.99 of the Revised Code. If a child is adjudicated a juvenile traffic offender for violating division (B)(3) of section 4513.263 of the Revised Code and if the child is sixteen years of age or older, the court shall impose the fine set forth in division (G) of section 4513.99 of the Revised Code. If a child is adjudicated a juvenile traffic offender for violating division (B)(3) of section 4513.263 of the Revised Code and if the child is under sixteen years of age, the court shall not impose a fine but may place the child on probation or community control.
(D) A juvenile traffic offender is subject to sections 4509.01 to 4509.78 of the Revised Code.
Sec. 2152.22. (A) When a child is committed to the legal custody of the department of youth services under this chapter, the juvenile court relinquishes control with respect to the child so committed, except as provided in divisions (B), (C), and (G) of this section. Subject to divisions (B) and (C) of this section, sections 2151.353 and 2151.412 to 2151.421 of the Revised Code, and any other provision of law that specifies a different duration for a dispositional order, all other dispositional orders made by the court under this chapter shall be temporary and shall continue for a period that is designated by the court in its order, until terminated or modified by the court or until the child attains twenty-one years of age.
The department shall not release the child from a department facility and as a result shall not discharge the child or order the child's release on supervised release prior to the expiration of the period of court control over the child or prior to the child's attainment of twenty-one years of age, except upon the order of a court pursuant to division (B) or (C) of this section or in accordance with section 5139.54 of the Revised Code.
(B)(1) The court that commits a delinquent child to the department may grant judicial release of the child to court supervision under this division, during any of the following periods that are applicable, provided any commitment imposed under division (A), (B), or (C) of section 2152.17 of the Revised Code has ended:
(a) If the child was given a disposition under section 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 adult, at any time during the first ninety days of the period of court control over the child;
(b) If the child was given a disposition under section 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 first or second degree if committed by an adult, at any time during the first one hundred eighty days of the period of court control over the child;
(c) If the child was committed to the department until the child attains twenty-one years of age for an act that would be aggravated murder or murder if committed by an adult, at any time during the first half of the prescribed period of that commitment of the child.
(2) If the department of youth services desires to release A child during a period specified in division (B)(1) of this section, it shall request the court that committed the child to grant a judicial release of the child to court supervision. During whichever of those periods is applicable, the child or the parents of the child also may request that court to grant a judicial release of the child to court supervision. Upon receipt of a request for a judicial release to court supervision from the department, the child, or the child's parent, or upon its own motion, the court that committed the child shall do one of the following: approve the release by journal entry; schedule within thirty days after the request is received a time for a hearing on whether the child is to be released; or reject the request by journal entry without conducting a hearing.
If the court rejects an initial request for a release under this division by the child or the child's parent, the child or the child's parent may make one additional request for a judicial release to court supervision within the applicable period. The additional request may be made no earlier than thirty days after The filing of the prior request for a judicial release to court supervision. Upon the filing of a second request for a judicial release to court supervision, the court shall either approve or disapprove the release by journal entry or schedule within thirty days after the request is received a time for a hearing on whether the child is to be released.
(3) If a court schedules a hearing under division (B)(2) of this section, it may order the department to deliver the child to the court on the date set for the hearing and may order the department to present to the court a report on the child's progress in the institution to which the child was committed and recommendations for conditions of supervision of the child by the court after release. The court may conduct the hearing without the child being present. The court shall determine at the hearing whether the child should be granted a judicial release to court supervision.
If the court approves the release, it shall order its staff to prepare a written treatment and rehabilitation plan for the child that may include any conditions of the child's release that were recommended by the department and approved by the court. The committing court shall send the juvenile court of the county in which the child is placed a copy of the recommended plan. The court of the county in which the child is placed may adopt the recommended conditions set by the committing court as an order of the court and may add any additional consistent conditions it considers appropriate. If a child is granted a judicial release to court supervision, the release discharges the child from the custody of the department of youth services.
(C)(1) The court that commits a delinquent child to the department may grant judicial release of the child to department of youth services supervision under this division, during any of the following periods that are applicable, PROVIDED ANY COMMITMENT IMPOSED UNDER DIVISION (A), (B), OR (C) OF SECTION 2152.17 OF THE REVISED CODE HAS ENDED:
(a) If the child was given a disposition under section 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 any time during the period of court control over the child, provided that at least ninety days of that period have elapsed;
(b) If the child was given a disposition under section 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 second degree if committed by an adult, at any time during the period of court control over the child, provided that at least one hundred eighty days of that period have elapsed;
(c) If the child was committed to the department for an act that would be aggravated murder or murder if committed by an adult until the child attains twenty-one years of age, at any time during the second half of the prescribed period of that commitment of the child.
(2) If the department of youth services desires to release a child during a period specified in division (c)(1) of this section, it shall request the court that committed the child to grant a judicial release to department of youth services supervision. During whichever of those periods is applicable, the child or the child's parent also may request the court that committed the child to grant a judicial release to department of youth services supervision. Upon receipt of a request for judicial release to department of youth services supervision, the child, or the child's parent, or upon its own motion at any time during that period, the court shall do one of the following: approve the release by journal entry; schedule a time within thirty days after receipt of the request for a hearing on whether the child is to be released; or reject the request by journal entry without conducting a hearing.
If the court rejects an initial request for release under this division by the child or the child's parent, the child or the child's parent may make one or more subsequent requests for a release within the applicable period, but may make no more than one request during each period of ninety days that the child is in a secure department facility after the filing of a prior request for early release. Upon the filing of a request for release under this division subsequent to an initial request, the court shall either approve or disapprove the release by journal entry or schedule a time within thirty days after receipt of the request for a hearing on whether the child is to be released.
(3) If a court schedules a hearing under division (C)(2) of this section, it may order the department to deliver the child 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 for the child's post-institutional care. The court may conduct the hearing without the child being present. The court shall determine at the hearing whether the child should be granted a judicial release to department of youth services supervision.
If the court approves the judicial release to department of youth services supervision, the department shall prepare a written treatment and rehabilitation plan for the child pursuant to division (E) of this section that shall include the conditions of the child's release. It shall send the committing court and the juvenile court of the county in which the child is placed a copy of the plan. The court of the county in which the child is placed may adopt the conditions set by the department as an order of the court and may add any additional consistent conditions it considers appropriate, provided that the court may not add any condition that decreases the level or degree of supervision specified by the department in its plan, that substantially increases the financial burden of supervision that will be experienced by the department, or that alters the placement specified by the department in its plan. If the court of the county in which the child is placed adds to the department's plan any additional conditions, it shall enter those additional conditions in its journal and shall send to the department a copy of the journal entry of the additional conditions.
If the court approves the judicial release to department of youth services supervision, the actual date on which the department shall release the child is contingent upon the department finding a suitable placement for the child. If the child is to be returned to the child's home, the department shall return the child on the date that the court schedules for the child's release or shall bear the expense of any additional time that the child remains in a department facility. If the child is unable to return to the child's home, the department shall exercise reasonable diligence in finding a suitable placement for the child, and the child shall remain in a department facility while the department finds the suitable placement.
(D) If a child is released under division (B) or (C) of this section and the court of the county in which the child is placed has reason to believe that the child's deportment is not in accordance with the conditions of the child's judicial release, the court of the county in which the child is placed shall schedule a time for a hearing to determine whether the child violated any of the post-release conditions, and, if the child was released under division (C) of this section, divisions (A) to (E) of section 5139.52 of the Revised Code apply regarding the child.
If that court determines at the hearing that the child violated any of the post-release conditions, the court, if it determines that the violation was a serious violation, may order the child to be returned to the department for institutionalization, consistent with the original order of commitment of the child, or in any case may make any other disposition of the child authorized by law that the court considers proper. If the court of the county in which the child is placed orders the child to be returned to a department of youth services institution, the time during which the child was held IN a secure department facility prior to the child's judicial release shall be considered as time served in fulfilling the prescribed period of institutionalization that is applicable to the child under the child's original order of commitment. If the court orders the child returned to a department institution, the child shall remain in institutional care for a minimum of three months or until the child successfully completes a revocation program of a duration of not less than thirty days operated either by the department or by an entity with which the department has contracted to provide a revocation program.
(E) The department of youth services, prior to the release of a child pursuant to division (C) of this section, shall do all of the following:
(1) After reviewing the child's rehabilitative progress history and medical and educational records, prepare a written treatment and rehabilitation plan for the child that includes conditions of the release;
(2) Completely discuss the conditions of the plan prepared pursuant to division (E)(1) of this section and the possible penalties for violation of the plan with the child and the child's parents, guardian, or legal custodian;
(3) Have the plan prepared pursuant to division (E)(1) of this section signed by the child, the child's parents, legal guardian, or custodian, and any authority or person that is to supervise, control, and provide supportive assistance to the child at the time of the child's release pursuant to division (C) of this section;
(4) Prior to the child's release, file a copy of the treatment plan prepared pursuant to division (E)(1) of this section with the committing court and the juvenile court of the county in which the child is to be placed.
(F) The department of youth services shall file a written progress report with the committing court regarding each child released pursuant to division (C) of this section at least once every thirty days unless specifically directed otherwise by the court. The report shall indicate the treatment and rehabilitative progress of the child and the child's family, if applicable, and shall include any suggestions for altering the program, custody, living arrangements, or treatment. The department shall retain legal custody of a child so released until it discharges the child or until the custody is terminated as otherwise provided by law.
(G) When a child is committed to the legal custody of the department of youth services, the court retains jurisdiction to perform the functions specified in section 5139.51 of the Revised Code with respect to the granting of supervised release by the release authority and to perform the functions specified in section 5139.52 of the Revised Code with respect to violations of the conditions of supervised release granted by the release authority and to the revocation of supervised release granted by the release authority.
Sec. 2151.312 2152.26. (A) Except as provided in divisions
(B)
and (F) of this section, a child alleged to be or adjudicated a delinquent
child, an unruly child, or a juvenile traffic offender may be
held only in the following places:
(1) A certified foster home or a home approved by the court;
(2) A facility operated by a certified child welfare agency;
(3) Any other suitable place designated by the court.
(B) In addition to the places listed in division (A) of
this section, a child alleged to be or adjudicated a delinquent child may be
held in a detention home or center facility for delinquent
children that is under the
direction or supervision of the court or other public authority or of a
private agency and approved by the court.
Division (B) of this section does not apply to a child alleged to
be or adjudicated a delinquent child for chronic truancy, unless the child
violated a lawful court order made pursuant to
division (A)(23)(5) of section 2151.355
2152.19 of the Revised Code. Division (B) of
this section also does not apply to a child alleged
to be or
adjudicated a delinquent child for being an habitual truant who previously has
been adjudicated an unruly child for being an habitual truant, unless the
child violated a lawful
court order made pursuant to division (C)(1)(e) of
section 2151.354 of the Revised Code.
(C)(1) Except as provided under division (C)(1) of section
2151.311 of the Revised Code or division (A)(6)(5) of section
2151.356 2152.21 of the
Revised Code, a child
alleged to be or adjudicated a neglected child, an abused child, a
dependent
child, an unruly child, or a juvenile traffic offender may not be held in
any
of the following facilities:
(a) A state correctional institution, county, multicounty, or municipal jail or workhouse, or other place in which an adult convicted of crime, under arrest, or charged with a crime is held.
(b) A secure correctional facility.
(2) Except as provided under this section, sections 2151.56
to 2151.61, and division
(A)(6)(5) of section 2151.356 2152.21 of the
Revised Code and division (C)(3) of this
section, a child alleged to be or adjudicated an unruly child or a
juvenile
traffic offender may not be held for more than twenty-four hours in a
detention home facility A child alleged to be or
adjudicated a neglected child, an
abused child, or a dependent child shall not be held in a detention home.
(3) A child who is alleged to be or who is adjudicated an unruly child and
who is taken into custody on a Saturday,
Sunday, 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 that is not a
Saturday, Sunday, or legal holiday.
(D) Except as provided in division (F) of this section or in division (C) of section 2151.311, in division (C)(2) of section 5139.06 and section 5120.162, or in division (B) of section 5120.16 of the Revised Code, a child who is alleged to be or is adjudicated a delinquent child may not be held in a state correctional institution, county, multicounty, or municipal jail or workhouse, or other place where an adult convicted of crime, under arrest, or charged with crime is held.
(E) Unless the detention is pursuant to division (F) of this section or division (C) of section 2151.311, division (C)(2) of section 5139.06 and section 5120.162, or division (B) of section 5120.16 of the Revised Code, the official in charge of the institution, jail, workhouse, or other facility shall inform the court immediately when a child, who is or appears to be under the age of eighteen years, is received at the facility, and shall deliver the child to the court upon request or transfer the child to a detention facility designated by the court.
(F) If a case is transferred to another court for criminal
prosecution pursuant to section 2151.26 2152.12 of the Revised
Code, the
child may be transferred for detention pending the criminal
prosecution in a jail or other facility in accordance with the
law governing the detention of persons charged with crime. Any
child so held shall be confined in a manner that keeps the child beyond the
range of touch of all adult detainees. The child shall
be supervised at all times during the detention.
Sec. 2151.34 2152.41. A child who is alleged to be or
adjudicated a delinquent
child may be confined
in a place of juvenile detention for a period not to exceed
ninety days, during which time a social history may be prepared
to include court record, family history, personal history, school
and attendance records, and any other pertinent studies and
material that will be of assistance to the juvenile court in its
disposition of the charges against that juvenile offender.
(A) Upon the advice and recommendation of the judge, the
board
of county commissioners shall provide, by purchase, lease,
construction, or otherwise, a place to be known as a detention
home facility that shall be within a convenient distance of the
juvenile
court and. The facility shall not be used for the
confinement of adults charged
with criminal offenses and in which. The facility may be
used to detain alleged delinquent children may be detained until
final disposition. Upon for evaluation pursuant to section 2152.04
of the Revised Code and for children adjudicated juvenile traffic offenders under division
(A)(5) or (6) of section 2152.21 of the Revised Code.
(B) Upon the joint advice and recommendation of the
juvenile judges of two or
more adjoining or neighboring counties, the boards of county
commissioners of the counties shall form themselves into a joint
board and proceed to organize a district for the establishment
and support of a detention home facility for the use of the
juvenile
courts of those counties, in which alleged delinquent children may
be detained until final disposition as provided in division
(A) of this section, by using a site or buildings
already established in one of the counties or by providing for
the purchase of a site and the erection of the necessary
buildings on the site.
A child who is adjudicated to be a juvenile traffic
offender for having committed a violation of division (A) of
section 4511.19 of the Revised Code or of a municipal ordinance
that is substantially comparable to that division may be confined
in a detention home facility or district detention home
facility pursuant to
division (A)(6)(5) of section 2151.356 2152.21
of the Revised Code, provided
the child is kept separate and apart from alleged delinquent children.
The county or district detention home shall be maintained
as provided in sections 2151.01 to 2151.54 of the Revised Code. In
except as otherwise provided by law, district detention facilities
shall be established, operated, maintained, and managed in the same
manner so far as applicable as county detention facilities.
Members of the board of county commissioners who meet by appointment to consider the organization of a district detention home, upon presentation of properly certified accounts, shall be paid their necessary expenses upon a warrant drawn by the county auditor of their county.
The county auditor of the county having the greatest POPULATION or, with the unanimous CONCURRENCE of the county auditors of the counties COMPOSING a district, the auditor of the county in which the detention facility is located shall be the fiscal officer of a detention FACILITY district. the county auditors of the several counties composing a detention FACILITY district shall meet at the district DETENTION facility, not less than once in six months, to review accounts and to transact any other duties in CONNECTION with the institution that pertain to the business of their office.
(C) In any county in which there is no detention home
facility or that
is not
served by a district detention home facility, the juvenile
court may enter into a contract, subject to the approval of the board of
county commissioners, with another juvenile court, another county's detention
facility, or a joint county detention facility. Alternately, the board of
county
commissioners shall provide funds for the boarding of such
children, who would be eligible for detention under division
(A) of this section, temporarily in private homes.
Children who are alleged
to be or have been adjudicated delinquent children may be detained after a
complaint is filed in the detention home until final disposition of
their cases or in certified foster homes or in any other
home approved by the court, if any are available, for
a period not exceeding sixty days or until final disposition of their cases,
whichever comes first. The court also may arrange with any public
children services agency or private child placing agency to
receive, or private noncustodial agency for temporary care of, the
children within the jurisdiction of the court. A district
detention home approved for such purpose by the department of
youth services under section 5139.281 of the Revised Code may
receive children committed to its temporary custody under section
2151.355 of the Revised Code and provide the care, treatment, and
training required.
If a detention home is established as an agency of the
court or a district detention home is established by the courts
of several counties as provided in this section, it shall be
furnished and carried on, as far as possible, as a family home in
charge of a superintendent or matron in a nonpunitive neutral
atmosphere. The judge, or the directing board of a district
detention home, may appoint a superintendent, a matron, and other
necessary employees for the home and fix their salaries. During
the school year, when possible, a comparable educational program
with competent and trained staff shall be provided for those
children of school age. A sufficient number of trained
recreational personnel shall be included among the staff to
assure wholesome and profitable leisure-time activities. Medical
and mental health services shall be made available to ensure the
courts all possible treatment facilities shall be given to those
children placed under their care. In the case of a county
detention home, the salaries shall be paid in the same manner as
is provided by section 2151.13 of the Revised Code for other
employees of the court, and the necessary expenses incurred in
maintaining the detention home shall be paid by the county. In
the case of a district detention home, the salaries and the
necessary expenses incurred in maintaining the district detention
home shall be paid as provided in sections 2151.341 to 2151.3415
of the Revised Code.
If the court arranges for the board of children temporarily
detained in certified foster homes or arranges for the
board of
those children through any private child placing agency, the county
shall pay a
reasonable sum to be fixed by the court for the board of those
children shall be paid by the county. In order to have
certified
foster homes available for service, an agreed monthly subsidy may
be paid and a fixed rate per day for care of children actually
residing in the certified foster home.
(D) The board of county commissioners of any county within a detention facility district, upon the recommendation of the juvenile court of that county, may withdraw from the district and sell or lease its right, title, and interest in the site, buildings, furniture, and equipment of the facility to any counties in the district, at any price and upon any such terms that are agreed upon among the boards of county commissioners of the counties concerned. Section 307.10 of the Revised Code does not apply to this division. The net proceeds of any sale or lease under this division shall be paid into the treasury of the withdrawing county.
The members of the board of trustees of a district detention facility who are residents of a county withdrawing from the district are deemed to have resigned their positions upon the completion of the withdrawal procedure provided by this division. The vacancies then created shall be filled as provided in THIS section.
(E) The children to be admitted for care in a county or district DETENTION facility established under this section, the period during which they shall be cared for in the facility, and the removal and transfer of children from the facility shall be determined by the juvenile court that ordered the child's DETENTION.
Sec. 2152.42. (A) Any detention facility established under section 2152.41 of the Revised Code shall be UNDER the DIRECTION of a superintendent. the superintendent shall be appointed by, and under the direction of, the judge or judges or, for a district facility, the board of trustees of the facility. the superintendent serves at the pleasure of the juvenile court or, in a district detention facility, at the pleasure of the board of trustees.
before commencing work as superintendent, the person APPOINTED shall obtain a bond, with sufficient surety, conditioned upon the full and FAITHFUL accounting of the funds and properties under the superintendent's control.
the superintendent, UNDER the supervision and subject to the rules and REGULATIONS of the board, shall control, manage, operate, and have general charge of the facility and shall have the custody of its property, files, and records.
(B) for a county facility, the superintendent shall appoint all employees of the facility, who shall be in the unclassified civil service. the salaries shall be paid as provided by section 2151.13 of the Revised Code for other employees of the court, and the necessary expenses incurred in maintaining the facility shall be paid by the county.
for a district facility, the superintendent shall appoint other employees of the facility and fix their compensation, subject to approval of the board of trustees. employees of a district facility, except for the superintendent, shall be in the classified civil service.
(C) during the school year, when possible, a comparable educational program with competent and trained staff shall be provided for CHILDREN of school age who are in the facility. a sufficient number of trained RECREATIONAL personnel shall be included among the staff. medical and mental health services shall be made available.
Sec. 2151.341 2152.43. (A) A board of county
commissioners that provides a detention home facility
and the board of trustees of a district detention home facility
may make application apply to
the department of youth services under section 5139.281 of the Revised Code
for financial assistance in defraying the cost of operating and
maintaining
the home facility Such The application shall be
made on forms
prescribed and furnished by the department. The
The board of county commissioners of each county that participates in a district detention facility may apply to the department of youth services for assistance in defraying the county's share of the cost of acquisition or CONSTRUCTION of the FACILITY, as provided in section 5139.271 of the Revised Code. APPLICATION shall be made in accordance with rules adopted by the department. no county shall be reimbursed for expenses incurred in the acquisition or CONSTRUCTION of a district DETENTION FACILITY THAT serves a district having a POPULATION of less than one hundred thousand.
(B)(1) The
joint boards of county
commissioners of district detention
homes facilities shall make annual assessments of taxes
sufficient to support and defray
all necessary expenses of such home the facility not paid from
funds made available under
section 5139.281 of the Revised Code, through annual assessments of
taxes, through gifts, or through other means.
If any county withdraws from a district under division (d) of section 2152.41 of the Revised Code, it shall continue to have levied against its tax duplicate any tax levied by the district during the period in which the county was a member of the district for current operating expenses, permanent improvements, or the retirement of bonded indebtedness. the levy shall continue to be a levy against the tax duplicate of the county until the time that it expires or is renewed.
(2) The current expenses of maintaining the facility not paid from funds made available under section 5139.281 of the Revised Code or division (c) of this SECTION, and the cost of ordinary repairs to the FACILITY, shall be paid by each county in accordance with one of the following methods as approved by the joint board of county commissioners:
(a) In proportion to the number of children from that county who are maintained in the facility during the year;
(b) By a levy submitted by the joint board of county commissioners under division (A) of section 5705.19 of the Revised Code and approved by the electors of the district;
(c) In proportion to the taxable property of each county, as shown by its tax duplicate;
(d) In any combination of the methods for payment described in division (B)(2)(a), (b), or (c) of this section.
(C) When any person donates or bequeaths any real or personal property to a county or district detention facility, the juvenile court or the trustees of the facility may accept and use the gift, consistent with the best interest of the institution and the conditions of the gift.
Sec. 2151.343 2152.44. Immediately upon (A)
As soon as practical after the
organization of the joint board of county
commissioners as provided by section 2151.34 2152.41 of the
Revised Code, or so soon
thereafter as practicable, such the joint board of county
commissioners shall
appoint a board of not less than five trustees, which. The
board shall hold office and
perform its duties until the first annual meeting after the choice of an
established site and buildings, or after the selection and purchase of a
building site, at which. At that time
such, the joint board of county
commissioners shall
appoint 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, one for
the a term of
three years, half of the remaining number for the a term of four
years, and the
remainder for the a term of five years. Annually thereafter,
the joint board of
county commissioners shall appoint one or more trustees, each of whom shall
hold office for the a term of five years, to succeed the trustee
or trustees
whose term of office shall expire expires A trustee may be
appointed to succeed
himself upon such board of trustees, and all
appointments to such board of
trustees successive terms. Any person appointed as a trustee shall
be made from persons who are recommended and approved by the
juvenile court judge or judges of the county of which such the
person is resident resides The
at least one trustee shall reside in each county in the district. in districts COMPOSED of TWO counties, each county shall be entitled to not less than two trustees. in districts composed of more than four counties, the NUMBER of trustees shall be sufficiently increased, provided that there shall always be an uneven number of trustees on the board. the county in which a district detention facility is located shall have not less than two trustees, who, in the interim period between the regular meetings of the trustees, shall act as an executive COMMITTEE in the discharge of all business pertaining to the facility.
the joint board of county COMMISSIONERS may remove any trustee for good cause. the trustee appointed to fill any vacancy shall hold the office for the unexpired term of the predecessor trustee.
(B) The annual meeting of the board of trustees shall be held on the first Tuesday in May in each year.
A majority of the board constitutes a quorum. Other board meetings shall be held at least quarterly. The juvenile court judge of each county of the district, or the judge's designee, shall attend the meetings. The members of the board shall receive no compensation for their services, except their actual and necessary expenses. The treasurer shall pay the member's traveling expenses when properly certified.
(C) When the board of trustees does not choose an established institution in one of the counties of the district, it may select a suitable site for the erection of a district detention facility. the site must be easily accessible, conducive to health, economy in purchasing or in building, and the general interest of the facility and its residents, and be as near as practicable to the geographical center of the district.
In the interim between the selection and purchase of a site, and the erection and occupancy of the district detention facility, the joint board of county commissioners provided under section 2151.41 of the Revised Code may delegate to the board of trustees any powers and duties that, in its judgment, will be of general interest or aid to the institution. The joint board of county commissioners may appropriate a trustees' fund, to be expended by the trustees for contracts, purchases, or other necessary expenses of the facility. The trustees shall make a complete settlement with the joint board of county commissioners once each six months, or quarterly if required, and shall make to the board of county commissioners and to the juvenile court of each of the counties a full report of the condition of the facility and residents.
(d) The choice of an established site and buildings, or the purchase of a site, stock, implements, and general farm equipment, should there be a farm, the erection of buildings, and the completion and furnishing of the district detention facility for occupancy, shall be in the hands of the joint board of county commissioners organized under section 2152.41 of the Revised Code. the joint board of county commissioners may delegate all or a portion of these duties to the board of trustees, under any restrictions that the joint board of county commissioners imposes.
When an established site and buildings are used for a district detention facility, the joint board of county commissioners shall cause the value of that site and those buildings to be properly appraised. This appraisal value, or in case of the purchase of a site, the purchase price and the cost of all IMPROVEMENTS thereto, shall be paid by the counties comprising the district, in proportion to the taxable property of each county, as shown by its tax duplicate.
(E) once a district is established, the trustees shall operate, maintain, and manage the facility as provided in sections 2152.41 to 2152.43 of the Revised Code.
Sec. 2152.61. (a) In any proceeding in which a child has been adjudicated A delinquent child or a juvenile traffic offender, on the application of a party or the court's own motion, the court may make an order restraining or otherwise controlling the conduct of any parent, guardian, or other custodian in the relationship of the individual to the child if the court finds that an order of that type necessary to do either of the following:
(1) Control any conduct or relationship that will be detrimental or harmful to the child;
(2) control any conduct or relationship that will tend to defeat the execution of the order of disposition made or to be made.
(B) due notice of the application or motion and the grounds for the application or motion under division (a) of this section, and an opportunity to be heard, shall be given to the person against whom the order under that division is directed. The order may include a requirement that the child's parent, guardian, or other custodian enter into a recognizance with sufficient surety, conditioned upon the faithful discharge of any conditions or control required by the court.
(C) A person's failure to comply with any order made by the court under this section is contempt of court under Chapter 2705. of the Revised Code.
Sec. 2151.47 2152.67. Any adult who is arrested or charged under any provision in this chapter and who is charged with a crime may demand a trial by jury, or the juvenile judge upon the judge's own motion may call a jury. A demand for a jury trial shall be made in writing in not less than three days before the date set for trial, or within three days after counsel has been retained, whichever is later. Sections 2945.17 and 2945.23 to 2945.36 of the Revised Code, relating to the drawing and impaneling of jurors in criminal cases in the court of common pleas, other than in capital cases, shall apply to a jury trial under this section. The compensation of jurors and costs of the clerk and sheriff shall be taxed and paid in the same manner as in criminal cases in the court of common pleas.
Sec. 2151.18 2152.71. (A)(1) The juvenile court shall
maintain
records of all official cases brought before it, including, but not
limited to, an
appearance docket, a journal, a cashbook, records of the
type required by division (A)(2) of section 2151.35 of the
Revised Code, and, in cases pertaining to an alleged
delinquent child, arrest and custody records, complaints, journal entries, and
hearing summaries. The court shall
maintain a separate docket for traffic cases and shall record
all traffic cases
on the separate docket instead of on the
general appearance docket. The parents of any child affected, if
they are living, or the nearest of kin of the child, if the
parents are deceased, may inspect these records, either in person
or by counsel during the hours in which the court is open.
(2) The juvenile court shall send to the superintendent of the bureau of criminal identification and investigation, pursuant to section 109.57 of the Revised Code, a weekly report containing a summary of each case that has come before it and that involves the disposition of a child who is a delinquent child for committing an act that would be a felony or an offense of violence if committed by an adult.
(B) The clerk of the court shall maintain a statistical record that includes all of the following:
(1) The number of complaints that are filed with, or indictments or information made to, the court that allege that a child is a delinquent child, in relation to which the court determines under division (D) of section 2151.27 of the Revised Code that the victim of the alleged delinquent act was sixty-five years of age or older or permanently and totally disabled at the time of the alleged commission of the act;
(2) The number of complaints, indictments, or information described in division (B)(1) of this section that result in the child being adjudicated a delinquent child;
(3) The number of complaints, indictments, or information described in division (B)(2) of this section in which the act upon which the delinquent child adjudication is based caused property damage or would be a theft offense, as defined in division (K) of section 2913.01 of the Revised Code, if committed by an adult;
(4) The number of complaints, indictments, or information
described in division (B)(3)
of this section that result in the delinquent child being
required as an order of disposition made under division (A)(9)
of section 2151.355 2152.20 of the Revised Code to make
restitution for
all or part of the property damage caused by the child's
delinquent act
or for all or part of the value of the property that was the
subject of the delinquent act that would be a theft offense if
committed by an adult;
(5) The number of complaints, indictments, or information described in division (B)(2) of this section in which the act upon which the delinquent child adjudication is based would have been an offense of violence if committed by an adult;
(6) The number of complaints, indictments, or information
described in division (B)(5)
of this section that result in the delinquent child being
committed as an order of disposition made under division (A)(3),
(4), (5), (6), or (7) of section 2151.355 2152.16,
divisions (A) and (B) of section 2152.17, or division
(A)(2) of section 2152.19 of the Revised Code to any
facility for delinquent children operated by the county, a
district, or a private agency or organization or to the
department of youth services;
(7) The number of complaints, indictments, or information
described in division (B)(1)
of this section that result in the case being transferred for
criminal prosecution to an appropriate court having jurisdiction
of the offense under section 2151.26 2152.12 of the Revised
Code.
(C) The clerk of the court shall compile an annual summary covering the preceding calendar year showing all of the information for that year contained in the statistical record maintained under division (B) of this section. The statistical record and the annual summary shall be public records open for inspection. Neither the statistical record nor the annual summary shall include the identity of any party to a case.
(D) Not later than June of each year, the court shall prepare an annual report covering the preceding calendar year showing the number and kinds of cases that have come before it, the disposition of the cases, and any other data pertaining to the work of the court that the juvenile judge directs. The court shall file copies of the report with the board of county commissioners. With the approval of the board, the court may print or cause to be printed copies of the report for distribution to persons and agencies interested in the court or community program for dependent, neglected, abused, or delinquent children and juvenile traffic offenders. The court shall include the number of copies ordered printed and the estimated cost of each printed copy on each copy of the report printed for distribution.
Sec. 2151.62 2152.72. (A) This section applies only to a child who is or previously has been adjudicated a delinquent child for an act to which any of the following applies:
(1) It The act is a violation of section 2903.01, 2903.02,
2903.03, 2903.04,
2903.11, 2903.12, 2903.13, 2907.02, 2907.03, or 2907.05 of the Revised Code;
(2) It The act is a violation of section 2923.01 of the
Revised Code and involved an attempt to
commit aggravated murder or murder;
(3) It The act would be a felony if committed by an adult and
the
court determined that the child, if an adult, would be guilty of
a specification found in section 2941.141, 2941.144, or 2941.145
of the Revised Code or in another section of the
Revised Code that relates to the possession or use of a
firearm, as defined in section 2923.11 of the Revised Code,
during the commission of the act for which the child was adjudicated a
delinquent child.
(B)(1) Except as provided in division (E) of this section, a public children services agency, private child placing agency, private noncustodial agency, or court, the department of youth services, or another private or government entity shall not place a child in a certified foster home until it provides the foster caregivers with all of the following:
(a) A written report describing the child's social history;
(b) A written report describing all the acts committed by the child the entity knows of that resulted in the child being adjudicated a delinquent child and the disposition made by the court, unless the records pertaining to the acts have been sealed pursuant to section 2151.358 of the Revised Code;
(c) A written report describing any other violent act committed by the child of which the entity is aware;
(d) The substantial and material conclusions and recommendations of any psychiatric or psychological examination conducted on the child or, if no psychological or psychiatric examination of the child is available, the substantial and material conclusions and recommendations of an examination to detect mental and emotional disorders conducted in compliance with the requirements of Chapter 4757. of the Revised Code by an independent social worker, social worker, professional clinical counselor, or professional counselor licensed under that chapter. The entity shall not provide any part of a psychological, psychiatric, or mental and emotional disorder examination to the foster caregivers other than the substantial and material conclusions.
(2) Notwithstanding section 2151.358 of the Revised Code, if records of an adjudication that a child is a delinquent child have been sealed pursuant to that section and an entity knows the records have been sealed, the entity shall provide the foster caregivers a written statement that the records of a prior adjudication have been sealed.
(C) The entity that places the child in a certified foster home shall conduct a psychological examination of the child, except that the entity is not required to conduct the examination if such an examination was conducted no more than one year prior to the child's placement. No later than sixty days after placing the child, the entity shall provide the foster caregiver a written report detailing the substantial and material conclusions and recommendations of the examination conducted pursuant to this division.
(D)(1) Except as provided in divisions (D)(2) and (3) of this section, the expenses of conducting the examinations and preparing the reports and assessment required by division (B) or (C) of this section shall be paid by the entity that places the child in the certified foster home.
(2) When a juvenile court grants temporary or permanent custody of a child
pursuant to any section of the Revised Code, including section 2151.33,
2151.353, 2151.354,
or 2151.355 2152.19 of the Revised Code, to a public children
services agency or
private
child placing agency, the
court shall provide the agency the information described in division
(B) of this
section, pay the expenses of preparing that information, and, if a new
examination is required to be conducted, pay the expenses of
conducting the examination described in division (C) of this section.
On receipt of the information described in division (B) of this
section, the agency shall provide to the court written acknowledgment that the
agency received the information. The court shall keep the acknowledgment and
provide a copy to the agency. On the motion of the agency, the court may
terminate the order granting
temporary or permanent custody of the child to that agency, if the court does
not provide the information described in division (B) of this
section.
(3) If one of the following entities is placing a child in a certified foster home with the assistance of or by contracting with a public children services agency, private child placing agency, or a private noncustodial agency, the entity shall provide the agency with the information described in division (B) of this section, pay the expenses of preparing that information, and, if a new examination is required to be conducted, pay the expenses of conducting the examination described in division (C) of this section:
(a) The department of youth services if the placement is pursuant
to any section of the Revised Code including section 2151.38
2152.22, 5139.06,
5139.07, 5139.38, or
5139.39 of the Revised Code;
(b) A juvenile court with temporary or permanent custody of a
child pursuant to section 2151.354 or 2151.355 2152.19 of the
Revised Code;
(c) A public children services agency or private child placing agency with temporary or permanent custody of the child.
The agency receiving the information described in division (B) of this section shall provide the entity described in division (D)(3)(a) to (c) of this section that sent the information written acknowledgment that the agency received the information and provided it to the foster caregivers. The entity shall keep the acknowledgment and provide a copy to the agency. An entity that places a child in a certified foster home with the assistance of or by contracting with an agency remains responsible to provide the information described in division (B) of this section to the foster caregivers unless the entity receives written acknowledgment that the agency provided the information.
(E) If a child is placed in a certified foster home as a result of an emergency removal of the child from home pursuant to division (D) of section 2151.31 of the Revised Code, an emergency change in the child's case plan pursuant to division (E)(3) of section 2151.412 of the Revised Code, or an emergency placement by the department of youth services pursuant to this chapter or Chapter 5139. of the Revised Code, the entity that places the child in the certified foster home shall provide the information described in division (B) of this section no later than ninety-six hours after the child is placed in the certified foster home.
(F) On receipt of the information described in divisions (B) and (C) of this section, the foster caregiver shall provide to the entity that places the child in the foster caregiver's home a written acknowledgment that the foster caregiver received the information. The entity shall keep the acknowledgment and provide a copy to the foster caregiver.
(G) No person employed by an entity subject to this section and made responsible by that entity for the child's placement in a certified foster home shall fail to provide the foster caregivers with the information required by divisions (B) and (C) of this section.
(H) It is not a violation of any duty of confidentiality provided for in the Revised Code or a code of professional responsibility for a person or government entity to provide the substantial and material conclusions and recommendations of a psychiatric or psychological examination, or an examination to detect mental and emotional disorders, in accordance with division (B)(1)(d) or (C) of this section.
Sec. 2151.11 2152.73. A juvenile court may participate with
other public or private
agencies of the county served by the court in programs which
that have as their
objective the prevention and control of juvenile delinquency. The juvenile
judge may assign employees of the court, as part of their regular duties, to
work with organizations concerned with combatting conditions known to
contribute to delinquency, providing adult sponsors for children who have been
found to be delinquent children, and developing wholesome youth
programs.
The juvenile judge may accept and administer on behalf of the court gifts, grants, bequests, and devises made to the court for the purpose of preventing delinquency.
Sec. 2151.315 2152.74. (A) As used in this section, "DNA analysis" and "DNA specimen" have the same meanings as in section 109.573 of the Revised Code.
(B)(1) A child who is adjudicated a delinquent child for committing an act
listed in division (D) of this section and who is committed to the custody of
the department of youth services or to a school, camp, institution,
or other facility for delinquent children described in division
(A)(3)(2) of section 2151.355 2152.19 of the
Revised Code
shall submit to a DNA
specimen collection procedure administered by the director of youth services
if committed to the department or by the chief administrative
officer of the school, camp, institution, or other facility for
delinquent children to which the child was committed. If the
court commits the child to the department of youth services, the
director of youth services shall cause the DNA specimen to be
collected from the child during the intake process at an institution
operated by or under the control of the department. If the
court commits the child to a school, camp, institution, or other
facility for delinquent children, the chief administrative
officer of the school, camp, institution, or facility to which
the child is committed shall cause the
DNA specimen to be collected
from the child during the intake process for the school, camp,
institution, or facility. In accordance with division (C) of this section,
the director or the chief administrative officer
shall cause the
DNA
specimen to be forwarded to
the bureau of criminal identification and investigation no later
than fifteen days after the date of the collection of the
DNA specimen. The DNA specimen shall be collected
from the child in accordance with division
(C) of this section.
(2) If a child is adjudicated a delinquent child for committing an act listed in division (D) of this section, is committed to the department of youth services or to a school, camp, institution, or other facility for delinquent children, and does not submit to a DNA specimen collection procedure pursuant to division (B)(1) of this section, prior to the child's release from the custody of the department of youth services or from the custody of the school, camp, institution, or facility, the child shall submit to, and the director of youth services or the chief administrator of the school, camp, institution, or facility to which the child is committed shall administer, a DNA specimen collection procedure at the institution operated by or under the control of the department of youth services or at the school, camp, institution, or facility to which the child is committed. In accordance with division (C) of this section, the director or the chief administrative officer shall cause the DNA specimen to be forwarded to the bureau of criminal identification and investigation no later than fifteen days after the date of the collection of the DNA specimen. The DNA specimen shall be collected in accordance with division (C) of this section.
(C) A physician, registered nurse, licensed practical nurse, duly licensed clinical laboratory technician, or other qualified medical practitioner shall collect in a medically approved manner the DNA specimen required to be collected pursuant to division (B) of this section. No later than fifteen days after the date of the collection of the DNA specimen, the director of youth services or the chief administrative officer of the school, camp, institution, or other facility for delinquent children to which the child is committed shall cause the DNA specimen to be forwarded to the bureau of criminal identification and investigation in accordance with procedures established by the superintendent of the bureau under division (H) of section 109.573 of the Revised Code. The bureau shall provide the specimen vials, mailing tubes, labels, postage, and instruction needed for the collection and forwarding of the DNA specimen to the bureau.
(D) The director of youth services and the chief administrative officer of a school, camp, institution, or other facility for delinquent children shall cause a DNA specimen to be collected in accordance with divisions (B) and (C) of this section from each child in its custody who is adjudicated a delinquent child for committing any of the following acts:
(1) A violation of section 2903.01, 2903.02, 2905.01, 2907.02, 2907.03, 2907.05, or 2911.11 of the Revised Code;
(2) A violation of section 2907.12 of the Revised Code as it existed prior to September 3, 1996;
(3) An attempt to commit a violation of section 2907.02, 2907.03, or 2907.05 of the Revised Code or to commit a violation of section 2907.12 of the Revised Code as it existed prior to September 3, 1996;
(4) A violation of any law that arose out of the same facts and circumstances and same act as did a charge against the child of a violation of section 2903.01, 2903.02, 2905.01, 2907.02, 2907.03, 2907.05, or 2911.11 of the Revised Code that previously was dismissed or amended or as did a charge against the child of a violation of section 2907.12 of the Revised Code as it existed prior to September 3, 1996, that previously was dismissed or amended;
(5) A violation of section 2905.02 or 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date.
(E) The director of youth services and the chief administrative officer of a school, camp, institution, or other facility for delinquent children is not required to comply with this section until the superintendent of the bureau of criminal identification and investigation gives agencies in the juvenile justice system, as defined in section 181.51 of the Revised Code, in the state official notification that the state DNA laboratory is prepared to accept DNA specimens.
Sec. 2151.3511 2152.81. (A)(1) As used in this section, "victim" includes any of the following persons:
(a) A person who was a victim of a violation identified in division (A)(2) of this section or an act that would be an offense of violence if committed by an adult;
(b) A person against whom was directed any conduct that constitutes, or that is an element of, a violation identified in division (A)(2) of this section or an act that would be an offense of violence if committed by an adult.
(2) In any proceeding in juvenile court involving a complaint, indictment, or information in which a child is charged with a violation of section 2905.03, 2905.05, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.09, 2907.21, 2907.23, 2907.24, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, or 2919.22 of the Revised Code or an act that would be an offense of violence if committed by an adult and in which an alleged victim of the violation or act was a child who was less than thirteen years of age when the complaint or information was filed or the indictment was returned, the juvenile judge, upon motion of an attorney for the prosecution, shall order that the testimony of the child victim be taken by deposition. The prosecution also may request that the deposition be videotaped in accordance with division (A)(3) of this section. The judge shall notify the child victim whose deposition is to be taken, the prosecution, and the attorney for the child who is charged with the violation or act of the date, time, and place for taking the deposition. The notice shall identify the child victim who is to be examined and shall indicate whether a request that the deposition be videotaped has been made. The child who is charged with the violation or act shall have the right to attend the deposition and the right to be represented by counsel. Depositions shall be taken in the manner provided in civil cases, except that the judge in the proceeding shall preside at the taking of the deposition and shall rule at that time on any objections of the prosecution or the attorney for the child charged with the violation or act. The prosecution and the attorney for the child charged with the violation or act shall have the right, as at an adjudication hearing, to full examination and cross-examination of the child victim whose deposition is to be taken. If a deposition taken under this division is intended to be offered as evidence in the proceeding, it shall be filed in the juvenile court in which the action is pending and is admissible in the manner described in division (B) of this section. If a deposition of a child victim taken under this division is admitted as evidence at the proceeding under division (B) of this section, the child victim shall not be required to testify in person at the proceeding. However, at any time before the conclusion of the proceeding, the attorney for the child charged with the violation or act may file a motion with the judge requesting that another deposition of the child victim be taken because new evidence material to the defense of the child charged has been discovered that the attorney for the child charged could not with reasonable diligence have discovered prior to the taking of the admitted deposition. Any motion requesting another deposition shall be accompanied by supporting affidavits. Upon the filing of the motion and affidavits, the court may order that additional testimony of the child victim relative to the new evidence be taken by another deposition. If the court orders the taking of another deposition under this provision, the deposition shall be taken in accordance with this division; if the admitted deposition was a videotaped deposition taken in accordance with division (A)(3) of this section, the new deposition also shall be videotaped in accordance with that division, and, in other cases, the new deposition may be videotaped in accordance with that division.
(3) If the prosecution requests that a deposition to be taken under division (A)(2) of this section be videotaped, the juvenile judge shall order that the deposition be videotaped in accordance with this division. If a juvenile judge issues an order to video tape the deposition, the judge shall exclude from the room in which the deposition is to be taken every person except the child victim giving the testimony, the judge, one or more interpreters if needed, the attorneys for the prosecution and the child who is charged with the violation or act, any person needed to operate the equipment to be used, one person chosen by the child victim giving the deposition, and any person whose presence the judge determines would contribute to the welfare and well-being of the child victim giving the deposition. The person chosen by the child victim shall not be a witness in the proceeding and, both before and during the deposition, shall not discuss the testimony of the child victim with any other witness in the proceeding. To the extent feasible, any person operating the recording equipment shall be restricted to a room adjacent to the room in which the deposition is being taken, or to a location in the room in which the deposition is being taken that is behind a screen or mirror so that the person operating the recording equipment can see and hear, but cannot be seen or heard by, the child victim giving the deposition during the deposition. The child who is charged with the violation or act shall be permitted to observe and hear the testimony of the child victim giving the deposition on a monitor, shall be provided with an electronic means of immediate communication with the attorney of the child who is charged with the violation or act during the testimony, and shall be restricted to a location from which the child who is charged with the violation or act cannot be seen or heard by the child victim giving the deposition, except on a monitor provided for that purpose. The child victim giving the deposition shall be provided with a monitor on which the child victim can observe, while giving testimony, the child who is charged with the violation or act. The judge, at the judge's discretion, may preside at the deposition by electronic means from outside the room in which the deposition is to be taken; if the judge presides by electronic means, the judge shall be provided with monitors on which the judge can see each person in the room in which the deposition is to be taken and with an electronic means of communication with each person in that room, and each person in the room shall be provided with a monitor on which that person can see the judge and with an electronic means of communication with the judge. A deposition that is videotaped under this division shall be taken and filed in the manner described in division (A)(2) of this section and is admissible in the manner described in this division and division (B) of this section, and, if a deposition that is videotaped under this division is admitted as evidence at the proceeding, the child victim shall not be required to testify in person at the proceeding. No deposition videotaped under this division shall be admitted as evidence at any proceeding unless division (B) of this section is satisfied relative to the deposition and all of the following apply relative to the recording:
(a) The recording is both aural and visual and is recorded on film or videotape, or by other electronic means.
(b) The recording is authenticated under the Rules of Evidence and the Rules of Criminal Procedure as a fair and accurate representation of what occurred, and the recording is not altered other than at the direction and under the supervision of the judge in the proceeding.
(c) Each voice on the recording that is material to the testimony on the recording or the making of the recording, as determined by the judge, is identified.
(d) Both the prosecution and the child who is charged with the violation or act are afforded an opportunity to view the recording before it is shown in the proceeding.
(B)(1) At any proceeding in relation to which a deposition was taken under division (A) of this section, the deposition or a part of it is admissible in evidence upon motion of the prosecution if the testimony in the deposition or the part to be admitted is not excluded by the hearsay rule and if the deposition or the part to be admitted otherwise is admissible under the Rules of Evidence. For purposes of this division, testimony is not excluded by the hearsay rule if the testimony is not hearsay under Evidence Rule 801; if the testimony is within an exception to the hearsay rule set forth in Evidence Rule 803; if the child victim who gave the testimony is unavailable as a witness, as defined in Evidence Rule 804, and the testimony is admissible under that rule; or if both of the following apply:
(a) The child who is charged with the violation or act had an opportunity and similar motive at the time of the taking of the deposition to develop the testimony by direct, cross, or redirect examination.
(b) The judge determines that there is reasonable cause to believe that, if the child victim who gave the testimony in the deposition were to testify in person at the proceeding, the child victim would experience serious emotional trauma as a result of the child victim's participation at the proceeding.
(2) Objections to receiving in evidence a deposition or a part of it under division (B) of this section shall be made as provided in civil actions.
(3) The provisions of divisions (A) and (B) of this section are in addition to any other provisions of the Revised Code, the Rules of Juvenile Procedure, the Rules of Criminal Procedure, or the Rules of Evidence that pertain to the taking or admission of depositions in a juvenile court proceeding and do not limit the admissibility under any of those other provisions of any deposition taken under division (A) of this section or otherwise taken.
(C) In any proceeding in juvenile court involving a complaint, indictment, or information in which a child is charged with a violation listed in division (A)(2) of this section or an act that would be an offense of violence if committed by an adult and in which an alleged victim of the violation or offense was a child who was less than thirteen years of age when the complaint or information was filed or indictment was returned, the prosecution may file a motion with the juvenile judge requesting the judge to order the testimony of the child victim to be taken in a room other than the room in which the proceeding is being conducted and be televised, by closed circuit equipment, into the room in which the proceeding is being conducted to be viewed by the child who is charged with the violation or act and any other persons who are not permitted in the room in which the testimony is to be taken but who would have been present during the testimony of the child victim had it been given in the room in which the proceeding is being conducted. Except for good cause shown, the prosecution shall file a motion under this division at least seven days before the date of the proceeding. The juvenile judge may issue the order upon the motion of the prosecution filed under this division, if the judge determines that the child victim is unavailable to testify in the room in which the proceeding is being conducted in the physical presence of the child charged with the violation or act, due to one or more of the reasons set forth in division (E) of this section. If a juvenile judge issues an order of that nature, the judge shall exclude from the room in which the testimony is to be taken every person except a person described in division (A)(3) of this section. The judge, at the judge's discretion, may preside during the giving of the testimony by electronic means from outside the room in which it is being given, subject to the limitations set forth in division (A)(3) of this section. To the extent feasible, any person operating the televising equipment shall be hidden from the sight and hearing of the child victim giving the testimony, in a manner similar to that described in division (A)(3) of this section. The child who is charged with the violation or act shall be permitted to observe and hear the testimony of the child victim giving the testimony on a monitor, shall be provided with an electronic means of immediate communication with the attorney of the child who is charged with the violation or act during the testimony, and shall be restricted to a location from which the child who is charged with the violation or act cannot be seen or heard by the child victim giving the testimony, except on a monitor provided for that purpose. The child victim giving the testimony shall be provided with a monitor on which the child victim can observe, while giving testimony, the child who is charged with the violation or act.
(D) In any proceeding in juvenile court involving a complaint, indictment, or information in which a child is charged with a violation listed in division (A)(2) of this section or an act that would be an offense of violence if committed by an adult and in which an alleged victim of the violation or offense was a child who was less than thirteen years of age when the complaint or information was filed or the indictment was returned, the prosecution may file a motion with the juvenile judge requesting the judge to order the testimony of the child victim to be taken outside of the room in which the proceeding is being conducted and be recorded for showing in the room in which the proceeding is being conducted before the judge, the child who is charged with the violation or act, and any other persons who would have been present during the testimony of the child victim had it been given in the room in which the proceeding is being conducted. Except for good cause shown, the prosecution shall file a motion under this division at least seven days before the date of the proceeding. The juvenile judge may issue the order upon the motion of the prosecution filed under this division, if the judge determines that the child victim is unavailable to testify in the room in which the proceeding is being conducted in the physical presence of the child charged with the violation or act, due to one or more of the reasons set forth in division (E) of this section. If a juvenile judge issues an order of that nature, the judge shall exclude from the room in which the testimony is to be taken every person except a person described in division (A)(3) of this section. To the extent feasible, any person operating the recording equipment shall be hidden from the sight and hearing of the child victim giving the testimony, in a manner similar to that described in division (A)(3) of this section. The child who is charged with the violation or act shall be permitted to observe and hear the testimony of the child victim giving the testimony on a monitor, shall be provided with an electronic means of immediate communication with the attorney of the child who is charged with the violation or act during the testimony, and shall be restricted to a location from which the child who is charged with the violation or act cannot be seen or heard by the child victim giving the testimony, except on a monitor provided for that purpose. The child victim giving the testimony shall be provided with a monitor on which the child victim can observe, while giving testimony, the child who is charged with the violation or act. No order for the taking of testimony by recording shall be issued under this division unless the provisions set forth in divisions (A)(3)(a), (b), (c), and (d) of this section apply to the recording of the testimony.
(E) For purposes of divisions (C) and (D) of this section, a juvenile judge may order the testimony of a child victim to be taken outside of the room in which a proceeding is being conducted if the judge determines that the child victim is unavailable to testify in the room in the physical presence of the child charged with the violation or act due to one or more of the following circumstances:
(1) The persistent refusal of the child victim to testify despite judicial requests to do so;
(2) The inability of the child victim to communicate about the alleged violation or offense because of extreme fear, failure of memory, or another similar reason;
(3) The substantial likelihood that the child victim will suffer serious emotional trauma from so testifying.
(F)(1) If a juvenile judge issues an order pursuant to division (C) or (D) of this section that requires the testimony of a child victim in a juvenile court proceeding to be taken outside of the room in which the proceeding is being conducted, the order shall specifically identify the child victim to whose testimony it applies, the order applies only during the testimony of the specified child victim, and the child victim giving the testimony shall not be required to testify at the proceeding other than in accordance with the order. The authority of a judge to close the taking of a deposition under division (A)(3) of this section or a proceeding under division (C) or (D) of this section is in addition to the authority of a judge to close a hearing pursuant to section 2151.35 of the Revised Code.
(2) A juvenile judge who makes any determination regarding the admissibility of a deposition under divisions (A) and (B) of this section, the videotaping of a deposition under division (A)(3) of this section, or the taking of testimony outside of the room in which a proceeding is being conducted under division (C) or (D) of this section, shall enter the determination and findings on the record in the proceeding.
Sec. 2152.99. Whoever violates division (G) of section 2152.72 of the Revised Code is guilty of a minor misdemeanor.
Sec. 2153.16. The juvenile court shall exercise the jurisdiction and powers
conferred upon the juvenile court by Chapter
Chapters
2151. and 2152. and other sections of the
Revised Code, unless such the jurisdiction and powers are
inconsistent with
sections 2153.01 to 2153.17, inclusive, of the Revised Code, or
are plainly inapplicable.
Sec. 2301.03. (A) In Franklin county, the judges of the
court of common pleas whose terms begin on January 1, 1953,
January 2, 1953, January 5, 1969, January 5, 1977, and January 2, 1997, and
successors, shall have the same qualifications, exercise the same
powers and jurisdiction, and receive the same compensation as
other judges of the court of common pleas of Franklin county and
shall be elected and designated as judges of the court of common
pleas, division of domestic relations. They shall have all the
powers relating to juvenile courts, and all cases under Chapter
Chapters 2151. and 2152. of the Revised Code,
all parentage proceedings under
Chapter 3111. of the Revised Code over which the juvenile court
has jurisdiction, and all divorce, dissolution of marriage, legal
separation, and annulment cases shall be assigned to them. In
addition to the judge's regular duties, the judge who is
senior in point
of service shall serve on the children services board and the
county advisory board and shall be the administrator of the
domestic relations division and its subdivisions and departments.
(B)(1) In Hamilton county, the:
(1) The judge of the court of
common pleas, whose term begins on January 1, 1957, and
successors, and the judge of the court of common pleas, whose
term begins on February 14, 1967, and successors, shall be the
juvenile judges as provided in Chapter Chapters 2151.
and 2152. of the Revised Code,
with the powers and jurisdiction conferred by that chapter those
chapters.
(2) The judges of the court of common pleas whose terms begin on January 5, 1957, January 16, 1981, and July 1, 1991, and successors, shall be elected and designated as judges of the court of common pleas, division of domestic relations, and shall have assigned to them all divorce, dissolution of marriage, legal separation, and annulment cases coming before the court. On or after the first day of July and before the first day of August of 1991 and each year thereafter, a majority of the judges of the division of domestic relations shall elect one of the judges of the division as administrative judge of that division. If a majority of the judges of the division of domestic relations are unable for any reason to elect an administrative judge for the division before the first day of August, a majority of the judges of the Hamilton county court of common pleas, as soon as possible after that date, shall elect one of the judges of the division of domestic relations as administrative judge of that division. The term of the administrative judge shall begin on the earlier of the first day of August of the year in which the administrative judge is elected or the date on which the administrative judge is elected by a majority of the judges of the Hamilton county court of common pleas and shall terminate on the date on which the administrative judge's successor is elected in the following year.
In addition to the judge's regular duties, the administrative judge of the division of domestic relations shall be the administrator of the domestic relations division and its subdivisions and departments and shall have charge of the employment, assignment, and supervision of the personnel of the division engaged in handling, servicing, or investigating divorce, dissolution of marriage, legal separation, and annulment cases, including any referees considered necessary by the judges in the discharge of their various duties.
The administrative judge of the division of domestic relations also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division, and shall fix the duties of its personnel. The duties of the personnel, in addition to those provided for in other sections of the Revised Code, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases and counseling and conciliation services that may be made available to persons requesting them, whether or not the persons are parties to an action pending in the division.
The board of county commissioners shall appropriate the sum of money each year as will meet all the administrative expenses of the division of domestic relations, including reasonable expenses of the domestic relations judges and the division counselors and other employees designated to conduct the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases, conciliation and counseling, and all matters relating to those cases and counseling, and the expenses involved in the attendance of division personnel at domestic relations and welfare conferences designated by the division, and the further sum each year as will provide for the adequate operation of the division of domestic relations.
The compensation and expenses of all employees and the salary and expenses of the judges shall be paid by the county treasurer from the money appropriated for the operation of the division, upon the warrant of the county auditor, certified to by the administrative judge of the division of domestic relations.
The summonses, warrants, citations, subpoenas, and other writs of the division may issue to a bailiff, constable, or staff investigator of the division or to the sheriff of any county or any marshal, constable, or police officer, and the provisions of law relating to the subpoenaing of witnesses in other cases shall apply insofar as they are applicable. When a summons, warrant, citation, subpoena, or other writ is issued to an officer, other than a bailiff, constable, or staff investigator of the division, the expense of serving it shall be assessed as a part of the costs in the case involved.
(3) The judge of the court of common pleas of Hamilton County whose term begins on January 3, 1997, shall be elected and designated for one term only as the drug court judge of the court of common pleas of Hamilton County, and the successors to that judge shall be elected and designated as judges of the general division of the court of common pleas of Hamilton county and shall not have the authority granted by division (B)(3) of this section. The drug court judge may accept or reject any case referred to the drug court judge under division (B)(3) of this section. After the drug court judge accepts a referred case, the drug court judge has full authority over the case, including the authority to conduct arraignment, accept pleas, enter findings and dispositions, conduct trials, order treatment, and if treatment is not successfully completed pronounce and enter sentence.
A judge of the general division of the court of common pleas of Hamilton County and a judge of the Hamilton County municipal court may refer to the drug court judge any case, and any companion cases, the judge determines meet the criteria described under divisions (B)(3)(a) and (b) of this section. If the drug court judge accepts referral of a referred case, the case, and any companion cases, shall be transferred to the drug court judge. A judge may refer a case meeting the criteria described in divisions (B)(3)(a) and (b) of this section that involves a violation of a term of probation to the drug court judge, and, if the drug court judge accepts the referral, the referring judge and the drug court judge have concurrent jurisdiction over the case.
A judge of the general division of the court of common pleas of Hamilton County and a judge of the Hamilton County municipal court may refer a case to the drug court judge under division (B)(3) of this section if the judge determines that both of the following apply:
(a) One of the following applies:
(i) The case involves a drug abuse offense, as defined in section 2925.01 of the Revised Code, that is a felony of the third or fourth degree if the offense is committed prior to July 1, 1996, a felony of the third, fourth, or fifth degree if the offense is committed on or after July 1, 1996, or a misdemeanor.
(ii) The case involves a theft offense, as defined in section 2913.01 of the Revised Code, that is a felony of the third or fourth degree if the offense is committed prior to July 1, 1996, a felony of the third, fourth, or fifth degree if the offense is committed on or after July 1, 1996, or a misdemeanor, and the defendant is drug or alcohol dependent or in danger of becoming drug or alcohol dependent and would benefit from treatment.
(b) All of the following apply:
(i) The case involves a probationable offense or a case in which a mandatory prison term is not required to be imposed.
(ii) The defendant has no history of violent behavior.
(iii) The defendant has no history of mental illness.
(iv) The defendant's current or past behavior, or both, is drug or alcohol driven.
(v) The defendant demonstrates a sincere willingness to participate in a fifteen-month treatment process.
(vi) The defendant has no acute health condition.
(vii) If the defendant is incarcerated, the county prosecutor approves of the referral.
(4) If the administrative judge of the court of common pleas of Hamilton county determines that the volume of cases pending before the drug court judge does not constitute a sufficient caseload for the drug court judge, the administrative judge, in accordance with the Rules of Superintendence for Courts of Common Pleas, shall assign individual cases to the drug court judge from the general docket of the court. If the assignments so occur, the administrative judge shall cease the assignments when the administrative judge determines that the volume of cases pending before the drug court judge constitutes a sufficient caseload for the drug court judge.
(C) In Lorain county, the judges of the court of common
pleas whose terms begin on January 3, 1959, January 4, 1989, and
January 2, 1999,
and successors, shall have the same qualifications, exercise the
same powers and jurisdiction, and receive the same compensation
as the other judges of the court of common pleas of Lorain county
and shall be elected and designated as the judges of the court of
common pleas, division of domestic relations. They shall have
all of the powers relating to juvenile courts, and all cases
under Chapter Chapters 2151. and 2152.
of the Revised Code, all parentage
proceedings over which the juvenile court has jurisdiction, and
all divorce, dissolution of marriage, legal separation, and
annulment cases shall be assigned to them, except cases
that for some special reason are assigned to some other judge of
the court of common pleas.
(D)(1) In Lucas county, the:
(1) The judges of the court of common pleas whose terms begin on January 1, 1955, and January 3, 1965, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Lucas county and shall be elected and designated as judges of the court of common pleas, division of domestic relations. All divorce, dissolution of marriage, legal separation, and annulment cases shall be assigned to them.
The judge of the division of domestic relations, senior in point of service, shall be considered as the presiding judge of the court of common pleas, division of domestic relations, and shall be charged exclusively with the assignment and division of the work of the division and the employment and supervision of all other personnel of the domestic relations division.
(2) The judges of the court of common pleas whose terms
begin on January 5, 1977, and January 2, 1991, and successors
shall have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges
of the court of common pleas of Lucas county, shall be elected
and designated as judges of the court of common pleas, juvenile
division, and shall be the juvenile judges as provided in Chapter
Chapters 2151. and 2152. of the Revised Code
with the powers and jurisdictions
conferred by that chapter those chapters In addition to the
judge's
regular duties,
the judge of the court of common pleas, juvenile division, senior
in point of service, shall be the administrator of the juvenile
division and its subdivisions and departments and shall have
charge of the employment, assignment, and supervision of the
personnel of the division engaged in handling, servicing, or
investigating juvenile cases, including any referees considered
necessary by the judges of the division in the discharge of their
various duties.
The judge of the court of common pleas, juvenile division, senior in point of service, also shall designate the title, compensation, expense allowance, hours, leaves of absence, and vacation of the personnel of the division and shall fix the duties of the personnel of the division. The duties of the personnel, in addition to other statutory duties include the handling, servicing, and investigation of juvenile cases and counseling and conciliation services that may be made available to persons requesting them, whether or not the persons are parties to an action pending in the division.
(3) If one of the judges of the court of common pleas, division of domestic relations, or one of the judges of the juvenile division is sick, absent, or unable to perform that judge's judicial duties or the volume of cases pending in that judge's division necessitates it, the duties shall be performed by the judges of the other of those divisions.
(E)(1) In Mahoning county, the:
(1) The judge of the court of common pleas whose term began on January 1, 1955, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Mahoning county, shall be elected and designated as judge of the court of common pleas, division of domestic relations, and shall be assigned all the divorce, dissolution of marriage, legal separation, and annulment cases coming before the court. In addition to the judge's regular duties, the judge of the court of common pleas, division of domestic relations, shall be the administrator of the domestic relations division and its subdivisions and departments and shall have charge of the employment, assignment, and supervision of the personnel of the division engaged in handling, servicing, or investigating divorce, dissolution of marriage, legal separation, and annulment cases, including any referees considered necessary in the discharge of the various duties of the judge's office.
The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix the duties of the personnel of the division. The duties of the personnel, in addition to other statutory duties, include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases and counseling and conciliation services that may be made available to persons requesting them, whether or not the persons are parties to an action pending in the division.
(2) The judge of the court of common pleas whose term
began on January 2, 1969, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of
common pleas of Mahoning county, shall be elected and designated
as judge of the court of common pleas, juvenile division, and shall
be the juvenile judge as provided in Chapter Chapters
2151. and 2152. of the Revised
Code, with the powers and jurisdictions conferred by that
chapter those chapters In addition to the judge's regular duties,
the
judge of the
court of common pleas, juvenile division, shall be the
administrator of the juvenile division and its subdivisions and
departments and shall have charge of the employment, assignment,
and supervision of the personnel of the division engaged in
handling, servicing, or investigating juvenile cases, including
any referees considered necessary by the judge in the discharge
of the judge's various duties.
The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacation of the personnel of the division and shall fix the duties of the personnel of the division. The duties of the personnel, in addition to other statutory duties, include the handling, servicing, and investigation of juvenile cases and counseling and conciliation services that may be made available to persons requesting them, whether or not the persons are parties to an action pending in the division.
(3) If a judge of the court of common pleas, division of domestic relations or juvenile division, is sick, absent, or unable to perform that judge's judicial duties, or the volume of cases pending in that judge's division necessitates it, that judge's duties shall be performed by another judge of the court of common pleas.
(F)(1) In Montgomery county, the:
(1) The judges of the court of common pleas whose terms begin on January 2, 1953, and January 4, 1977, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Montgomery county and shall be elected and designated as judges of the court of common pleas, division of domestic relations. These judges shall have assigned to them all divorce, dissolution of marriage, legal separation, and annulment cases.
The judge of the division of domestic relations, senior in point of service, shall be charged exclusively with the assignment and division of the work of the division and shall have charge of the employment and supervision of the personnel of the division engaged in handling, servicing, or investigating divorce, dissolution of marriage, legal separation, and annulment cases, including any necessary referees, except those employees who may be appointed by the judge, junior in point of service, under this section and sections 2301.12, 2301.18, and 2301.19 of the Revised Code. The judge of the division of domestic relations, senior in point of service, also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacation of the personnel of the division and shall fix their duties.
(2) The judges of the court of common pleas whose terms
begin on January 1, 1953, and January 1, 1993, and successors,
shall have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges
of the court of common pleas of Montgomery county, shall be
elected and designated as judges of the court of common pleas,
juvenile division, and shall be, and have the powers and
jurisdiction of, the juvenile judge as provided in Chapter
Chapters 2151. and 2152. of the Revised Code.
In addition to the judge's regular duties, the judge of the court of common pleas, juvenile division, senior in point of service, shall be the administrator of the juvenile division and its subdivisions and departments and shall have charge of the employment, assignment, and supervision of the personnel of the juvenile division, including any necessary referees, who are engaged in handling, servicing, or investigating juvenile cases. The judge, senior in point of service, also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacation of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, shall include the handling, servicing, and investigation of juvenile cases and of any counseling and conciliation services that are available upon request to persons, whether or not they are parties to an action pending in the division.
If one of the judges of the court of common pleas, division of domestic relations, or one of the judges of the court of common pleas, juvenile division, is sick, absent, or unable to perform that judge's duties or the volume of cases pending in that judge's division necessitates it, the duties of that judge may be performed by the judge or judges of the other of those divisions.
(G) In Richland county, the judge of the court of common
pleas whose term begins on January 1, 1957, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Richland county and shall
be elected and designated as judge of the court of common pleas,
division of domestic relations. That judge shall have all of
the powers
relating to juvenile courts, and all cases under Chapter
Chapters 2151. and 2152. of
the Revised Code, all parentage proceedings over which the
juvenile court has jurisdiction, and all divorce, dissolution of
marriage, legal separation, and annulment cases shall be assigned
to that judge, except in cases that for some special reason
are assigned
to some other judge of the court of common pleas.
(H) In Stark county, the judges of the court of common
pleas whose terms begin on January 1, 1953, January 2, 1959, and
January 1, 1993, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of
common pleas of Stark county and shall be elected and designated
as judges of the court of common pleas, division of domestic
relations. They shall have all the powers relating to juvenile
courts, and all cases under Chapter Chapters 2151.
and 2152. of the Revised Code,
all parentage proceedings over which the juvenile court has
jurisdiction, and all divorce, dissolution of marriage, legal
separation, and annulment cases, except cases that are assigned
to some other judge of the court of common pleas for some special
reason, shall be assigned to the judges.
The judge of the division of domestic relations, second most senior in point of service, shall have charge of the employment and supervision of the personnel of the division engaged in handling, servicing, or investigating divorce, dissolution of marriage, legal separation, and annulment cases, and necessary referees required for the judge's respective court.
The judge of the division of domestic relations, senior in
point of service, shall be charged exclusively with the
administration of sections 2151.13, 2151.16, 2151.17, and 2151.18
2152.71
of the Revised Code and with the assignment and division of the
work of the division and the employment and supervision of all
other personnel of the division, including, but not limited to,
that judge's necessary referees, but excepting those
employees who may be
appointed by the judge second most senior in point of service. The senior
judge further shall serve in every
other position in which the statutes permit or require a
juvenile judge to serve.
(I) In Summit county:
(1) The judges of the court of common pleas whose terms begin on January 4, 1967, and January 6, 1993, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Summit county and shall be elected and designated as judges of the court of common pleas, division of domestic relations. The judges of the division of domestic relations shall have assigned to them and hear all divorce, dissolution of marriage, legal separation, and annulment cases that come before the court. Except in cases that are subject to the exclusive original jurisdiction of the juvenile court, the judges of the division of domestic relations shall have assigned to them and hear all cases pertaining to paternity, custody, visitation, child support, or the allocation of parental rights and responsibilities for the care of children and all post-decree proceedings arising from any case pertaining to any of those matters. The judges of the division of domestic relations shall have assigned to them and hear all proceedings under the uniform interstate family support act contained in Chapter 3115. of the Revised Code.
The judge of the division of domestic relations, senior in point of service, shall be the administrator of the domestic relations division and its subdivisions and departments and shall have charge of the employment, assignment, and supervision of the personnel of the division, including any necessary referees, who are engaged in handling, servicing, or investigating divorce, dissolution of marriage, legal separation, and annulment cases. That judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases and of any counseling and conciliation services that are available upon request to all persons, whether or not they are parties to an action pending in the division.
(2) The judge of the court of common pleas whose term
begins on January 1, 1955, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of
common pleas of Summit county, shall be elected and designated as
judge of the court of common pleas, juvenile division, and shall
be, and have the powers and jurisdiction of, the juvenile judge
as provided in Chapter Chapters 2151. and
2152. of the Revised Code.
Except in cases that are subject to the exclusive original
jurisdiction of the juvenile court, the judge of the juvenile division
shall not have jurisdiction or the power to hear, and shall not be
assigned, any case pertaining to paternity, custody, visitation, child
support, or the allocation of parental rights and responsibilities
for the care of children or any post-decree proceeding arising
from any case pertaining to any of those matters. The judge of the juvenile
division shall not have jurisdiction or the power to hear, and
shall not be assigned, any proceeding under the uniform interstate
family support act contained in Chapter 3115. of the Revised Code.
The juvenile judge shall be the administrator of the juvenile division and its subdivisions and departments and shall have charge of the employment, assignment, and supervision of the personnel of the juvenile division, including any necessary referees, who are engaged in handling, servicing, or investigating juvenile cases. The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacation of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, shall include the handling, servicing, and investigation of juvenile cases and of any counseling and conciliation services that are available upon request to persons, whether or not they are parties to an action pending in the division.
(J) In Trumbull county, the judges of the court of common
pleas whose terms begin on January 1, 1953, and January 2, 1977,
and successors, shall have the same qualifications, exercise the
same powers and jurisdiction, and receive the same compensation
as other judges of the court of common pleas of Trumbull county
and shall be elected and designated as judges of the court of
common pleas, division of domestic relations. They shall have
all the powers relating to juvenile courts, and all cases under
Chapter Chapters 2151. and 2152. of the
Revised Code, all parentage proceedings over
which the juvenile court has jurisdiction, and all divorce,
dissolution of marriage, legal separation, and annulment cases
shall be assigned to them, except cases that for some special
reason are assigned to some other judge of the court of common
pleas.
(K) In Butler county:
(1) The judges of the court of common pleas whose terms begin on January 1, 1957, and January 4, 1993, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Butler county and shall be elected and designated as judges of the court of common pleas, division of domestic relations. The judges of the division of domestic relations shall have assigned to them all divorce, dissolution of marriage, legal separation, and annulment cases coming before the court, except in cases that for some special reason are assigned to some other judge of the court of common pleas. The judge senior in point of service shall be charged with the assignment and division of the work of the division and with the employment and supervision of all other personnel of the domestic relations division.
The judge senior in point of service also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases and providing any counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.
(2) The judge of the court of common pleas whose term
begins on January 3, 1987, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of
common pleas of Butler county, shall be elected and designated as
judge of the court of common pleas, juvenile division, and shall
be the juvenile judge as provided in Chapter Chapters
2151. and 2152. of the Revised
Code, with the powers and jurisdictions conferred by that
chapter those chapters The judge of the court of common pleas,
juvenile
division, shall be the administrator of the juvenile division and
its subdivisions and departments. The judge shall have charge of
the employment, assignment, and supervision of the personnel of
the juvenile division who are engaged in handling, servicing, or
investigating juvenile cases, including any referees whom the
judge considers necessary for the discharge of the judge's
various duties.
The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacation of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, include the handling, servicing, and investigation of juvenile cases and providing any counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.
(3) If a judge of the court of common pleas, division of domestic relations or juvenile division, is sick, absent, or unable to perform that judge's judicial duties or the volume of cases pending in the judge's division necessitates it, the duties of that judge shall be performed by the other judges of the domestic relations and juvenile divisions.
(L)(1) In Cuyahoga county, the judges of the court of common pleas whose terms begin on January 8, 1961, January 9, 1961, January 18, 1975, January 19, 1975, and January 13, 1987, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Cuyahoga county and shall be elected and designated as judges of the court of common pleas, division of domestic relations. They shall have all the powers relating to all divorce, dissolution of marriage, legal separation, and annulment cases, except in cases that are assigned to some other judge of the court of common pleas for some special reason.
(2) The administrative judge is administrator of the domestic relations division and its subdivisions and departments and has the following powers concerning division personnel:
(a) Full charge of the employment, assignment, and supervision;
(b) Sole determination of compensation, duties, expenses, allowances, hours, leaves, and vacations.
(3) "Division personnel" include persons employed or referees engaged in hearing, servicing, investigating, counseling, or conciliating divorce, dissolution of marriage, legal separation and annulment matters.
(M) In Lake county:
(1) The judge of the court of common pleas whose term begins on January 2, 1961, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judges of the court of common pleas of Lake county and shall be elected and designated as judge of the court of common pleas, division of domestic relations. The judge shall be assigned all the divorce, dissolution of marriage, legal separation, and annulment cases coming before the court, except in cases that for some special reason are assigned to some other judge of the court of common pleas. The judge shall be charged with the assignment and division of the work of the division and with the employment and supervision of all other personnel of the domestic relations division.
The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases and providing any counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.
(2) The judge of the court of common pleas whose term
begins on January 4, 1979, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of
common pleas of Lake county, shall be elected and designated as
judge of the court of common pleas, juvenile division, and shall
be the juvenile judge as provided in Chapter Chapters
2151. and 2152. of the Revised
Code, with the powers and jurisdictions conferred by that
chapter those chapters The judge of the court of common pleas,
juvenile
division, shall be the administrator of the juvenile division and
its subdivisions and departments. The judge shall have charge of
the employment, assignment, and supervision of the personnel of
the juvenile division who are engaged in handling, servicing, or
investigating juvenile cases, including any referees whom the
judge considers necessary for the discharge of the judge's
various duties.
The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacation of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, include the handling, servicing, and investigation of juvenile cases and providing any counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.
(3) If a judge of the court of common pleas, division of domestic relations or juvenile division, is sick, absent, or unable to perform that judge's judicial duties or the volume of cases pending in the judge's division necessitates it, the duties of that judge shall be performed by the other judges of the domestic relations and juvenile divisions.
(N) In Erie county, the judge of the court of common pleas
whose term begins on January 2, 1971, and successors, shall have
the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judge of the court of common pleas of Erie county and shall be
elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall have all the
powers relating to juvenile courts, and shall be assigned all cases
under
Chapter Chapters 2151. and 2152. of the
Revised Code, parentage proceedings over which the
juvenile
court has jurisdiction, and divorce, dissolution of marriage,
legal separation, and annulment cases, except cases that for some special
reason are assigned to some
other judge.
(O) In Greene county:
(1) The judge of the court of common pleas whose term begins on January 1, 1961, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judges of the court of common pleas of Greene county and shall be elected and designated as the judge of the court of common pleas, division of domestic relations. The judge shall be assigned all divorce, dissolution of marriage, legal separation, annulment, uniform reciprocal support enforcement, and domestic violence cases and all other cases related to domestic relations, except cases that for some special reason are assigned to some other judge of the court of common pleas.
The judge shall be charged with the assignment and division of the work of the division and with the employment and supervision of all other personnel of the division. The judge also shall designate the title, compensation, hours, leaves of absence, and vacations of the personnel of the division and shall fix their duties. The duties of the personnel of the division, in addition to other statutory duties, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases and the provision of counseling and conciliation services that the division considers necessary and makes available to persons who request the services, whether or not the persons are parties in an action pending in the division. The compensation for the personnel shall be paid from the overall court budget and shall be included in the appropriations for the existing judges of the general division of the court of common pleas.
(2) The judge of the court of common pleas whose term
begins on January 1, 1995, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as the other judges of the court of
common pleas of Greene county, shall be elected and designated as
judge of the court of common pleas, juvenile division, and, on or
after January 1, 1995, shall be the juvenile judge as provided in
Chapter Chapters 2151. and 2152. of the
Revised Code with the powers and
jurisdiction conferred by that chapter those chapters The
judge of the court
of common pleas, juvenile division, shall be the administrator of
the juvenile division and its subdivisions and departments. The
judge shall have charge of the employment, assignment, and
supervision of the personnel of the juvenile division who are
engaged in handling, servicing, or investigating juvenile cases,
including any referees whom the judge considers necessary for the
discharge of the judge's various duties.
The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacation of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, include the handling, servicing, and investigation of juvenile cases and providing any counseling and conciliation services that the court makes available to persons, whether or not the persons are parties to an action pending in the court, who request the services.
(3) If one of the judges of the court of common pleas, general division, is sick, absent, or unable to perform that judge's judicial duties or the volume of cases pending in the general division necessitates it, the duties of that judge of the general division shall be performed by the judge of the division of domestic relations and the judge of the juvenile division.
(P) In Portage county, the judge of the court of common pleas, whose term begins January 2, 1987, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judges of the court of common pleas of Portage county and shall be elected and designated as judge of the court of common pleas, division of domestic relations. The judge shall be assigned all divorce, dissolution of marriage, legal separation, and annulment cases coming before the court, except in cases that for some special reason are assigned to some other judge of the court of common pleas. The judge shall be charged with the assignment and division of the work of the division and with the employment and supervision of all other personnel of the domestic relations division.
The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases and providing any counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.
(Q) In Clermont county, the judge of the court of common pleas, whose term begins January 2, 1987, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judges of the court of common pleas of Clermont county and shall be elected and designated as judge of the court of common pleas, division of domestic relations. The judge shall be assigned all divorce, dissolution of marriage, legal separation, and annulment cases coming before the court, except in cases that for some special reason are assigned to some other judge of the court of common pleas. The judge shall be charged with the assignment and division of the work of the division and with the employment and supervision of all other personnel of the domestic relations division.
The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases and providing any counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.
(R) In Warren county, the judge of the court of common pleas, whose term begins January 1, 1987, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judges of the court of common pleas of Warren county and shall be elected and designated as judge of the court of common pleas, division of domestic relations. The judge shall be assigned all divorce, dissolution of marriage, legal separation, and annulment cases coming before the court, except in cases that for some special reason are assigned to some other judge of the court of common pleas. The judge shall be charged with the assignment and division of the work of the division and with the employment and supervision of all other personnel of the domestic relations division.
The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases and providing any counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.
(S) In Licking county, the judge of the court of common pleas, whose term begins January 1, 1991, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judges of the court of common pleas of Licking county and shall be elected and designated as judge of the court of common pleas, division of domestic relations. The judge shall be assigned all divorce, dissolution of marriage, legal separation, and annulment cases, all cases arising under Chapter 3111. of the Revised Code, all proceedings involving child support, the allocation of parental rights and responsibilities for the care of children and the designation for the children of a place of residence and legal custodian, and visitation, and all post-decree proceedings and matters arising from those cases and proceedings, except in cases that for some special reason are assigned to another judge of the court of common pleas. The judge shall be charged with the assignment and division of the work of the division and with the employment and supervision of the personnel of the division.
The judge shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix the duties of the personnel of the division. The duties of the personnel of the division, in addition to other statutory duties, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases, cases arising under Chapter 3111. of the Revised Code, and proceedings involving child support, the allocation of parental rights and responsibilities for the care of children and the designation for the children of a place of residence and legal custodian, and visitation and providing any counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.
(T) In Allen county, the judge of the court of common pleas, whose term begins January 1, 1993, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judges of the court of common pleas of Allen county and shall be elected and designated as judge of the court of common pleas, division of domestic relations. The judge shall be assigned all divorce, dissolution of marriage, legal separation, and annulment cases, all cases arising under Chapter 3111. of the Revised Code, all proceedings involving child support, the allocation of parental rights and responsibilities for the care of children and the designation for the children of a place of residence and legal custodian, and visitation, and all post-decree proceedings and matters arising from those cases and proceedings, except in cases that for some special reason are assigned to another judge of the court of common pleas. The judge shall be charged with the assignment and division of the work of the division and with the employment and supervision of the personnel of the division.
The judge shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix the duties of the personnel of the division. The duties of the personnel of the division, in addition to other statutory duties, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases, cases arising under Chapter 3111. of the Revised Code, and proceedings involving child support, the allocation of parental rights and responsibilities for the care of children and the designation for the children of a place of residence and legal custodian, and visitation, and providing any counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.
(U) In Medina county, the judge of the court of common pleas whose term begins January 1, 1995, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Medina county and shall be elected and designated as judge of the court of common pleas, division of domestic relations. The judge shall be assigned all divorce, dissolution of marriage, legal separation, and annulment cases, all cases arising under Chapter 3111. of the Revised Code, all proceedings involving child support, the allocation of parental rights and responsibilities for the care of children and the designation for the children of a place of residence and legal custodian, and visitation, and all post-decree proceedings and matters arising from those cases and proceedings, except in cases that for some special reason are assigned to another judge of the court of common pleas. The judge shall be charged with the assignment and division of the work of the division and with the employment and supervision of the personnel of the division.
The judge shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix the duties of the personnel of the division. The duties of the personnel, in addition to other statutory duties, include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases, cases arising under Chapter 3111. of the Revised Code, and proceedings involving child support, the allocation of parental rights and responsibilities for the care of children and the designation for the children of a place of residence and legal custodian, and visitation, and providing counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.
(V) In Fairfield county, the judge of the court of common pleas whose term begins January 2, 1995, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judges of the court of common pleas of Fairfield county and shall be elected and designated as judge of the court of common pleas, division of domestic relations. The judge shall be assigned all divorce, dissolution of marriage, legal separation, and annulment cases, all cases arising under Chapter 3111. of the Revised Code, all proceedings involving child support, the allocation of parental rights and responsibilities for the care of children and the designation for the children of a place of residence and legal custodian, and visitation, and all post-decree proceedings and matters arising from those cases and proceedings, except in cases that for some special reason are assigned to another judge of the court of common pleas. The judge also has concurrent jurisdiction with the probate-juvenile division of the court of common pleas of Fairfield county with respect to and may hear cases to determine the custody of a child, as defined in section 2151.011 of the Revised Code, who is not the ward of another court of this state, cases that are commenced by a parent, 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 child to pay child support for that child when the request for that order is not ancillary to an action for divorce, dissolution of marriage, annulment, or legal separation, a criminal or civil action involving an allegation of domestic violence, an action for support under Chapter 3115. of the Revised Code, or an action that is within the exclusive original jurisdiction of the probate-juvenile division of the court of common pleas of Fairfield county and that involves an allegation that the child is an abused, neglected, or dependent child, and post-decree proceedings and matters arising from those types of cases.
The judge of the domestic relations division shall be charged with the assignment and division of the work of the division and with the employment and supervision of the personnel of the division.
The judge shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix the duties of the personnel of the division. The duties of the personnel of the division, in addition to other statutory duties, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases, cases arising under Chapter 3111. of the Revised Code, and proceedings involving child support, the allocation of parental rights and responsibilities for the care of children and the designation for the children of a place of residence and legal custodian, and visitation, and providing any counseling and conciliation services that the division makes available to persons, regardless of whether the persons are parties to an action pending in the division, who request the services. When 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 ward of another court of this state or a case that is commenced by a parent, 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 child to pay child support for that child when the request for that order is not ancillary to an action for divorce, dissolution of marriage, annulment, or legal separation, a criminal or civil action involving an allegation of domestic violence, an action for support under Chapter 3115. of the Revised Code, or an action that is within the exclusive original jurisdiction of the probate-juvenile division of the court of common pleas of Fairfield county and that involves an allegation that the child is an abused, neglected, or dependent child, the duties of the personnel of the domestic relations division also include the handling, servicing, and investigation of those types of cases.
(W)(1) In Clark county, the judge of the court of common
pleas whose term begins on January 2, 1995, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges
of the court of common pleas of Clark county and shall be elected
and designated as judge of the court of common pleas, domestic
relations division. The judge shall have all the powers
relating to juvenile courts, and all cases under Chapter
Chapters 2151. and 2152. of the Revised
Code and all parentage proceedings under Chapter 3111. of the
Revised Code over which the juvenile court has jurisdiction shall
be assigned to the judge of the division of domestic relations. All divorce,
dissolution of marriage, legal separation,
annulment, uniform reciprocal support enforcement, and other
cases related to domestic relations shall be assigned to the
domestic relations division, and the presiding judge of the court
of common pleas shall assign the cases to the judge of the
domestic relations division and the judges of the general
division.
(2) In addition to the judge's regular duties, the judge of the division of domestic relations shall serve on the children services board and the county advisory board.
(3) If the judge of the court of common pleas of Clark county, division of domestic relations, is sick, absent, or unable to perform that judge's judicial duties or if the presiding judge of the court of common pleas of Clark county determines that the volume of cases pending in the division of domestic relations necessitates it, the duties of the judge of the division of domestic relations shall be performed by the judges of the general division or probate division of the court of common pleas of Clark county, as assigned for that purpose by the presiding judge of that court, and the judges so assigned shall act in conjunction with the judge of the division of domestic relations of that court.
(X) In Scioto county, the judge of the court of common pleas whose term begins January 2, 1995, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Scioto county and shall be elected and designated as judge of the court of common pleas, division of domestic relations. The judge shall be assigned all divorce, dissolution of marriage, legal separation, and annulment cases, all cases arising under Chapter 3111. of the Revised Code, all proceedings involving child support, the allocation of parental rights and responsibilities for the care of children and the designation for the children of a place of residence and legal custodian, visitation, and all post-decree proceedings and matters arising from those cases and proceedings, except in cases that for some special reason are assigned to another judge of the court of common pleas. The judge shall be charged with the assignment and division of the work of the division and with the employment and supervision of the personnel of the division.
The judge shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix the duties of the personnel of the division. The duties of the personnel, in addition to other statutory duties, include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases, cases arising under Chapter 3111. of the Revised Code, and proceedings involving child support, the allocation of parental rights and responsibilities for the care of children and the designation for the children of a place of residence and legal custodian, and visitation, and providing counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.
(Y) In Auglaize county, the judge of the probate and juvenile divisions of the Auglaize county court of common pleas also shall be the administrative judge of the domestic relations division of the court and shall be assigned all divorce, dissolution of marriage, legal separation, and annulment cases coming before the court. The judge shall have all powers as administrator of the domestic relations division and shall have charge of the personnel engaged in handling, servicing, or investigating divorce, dissolution of marriage, legal separation, and annulment cases, including any referees considered necessary for the discharge of the judge's various duties.
(Z)(1) In Marion county, the judge of the court of
common pleas whose term begins on February 9,
1999, and the successors to that judge, shall have the same qualifications,
exercise the same powers and jurisdiction, and receive the same compensation
as the other judges of the court of common pleas of
Marion county and shall be elected and
designated as judge of the court of common pleas, domestic
relations-juvenile-probate division. Except as otherwise specified in this
division, that judge, and the successors to that judge, shall have all the
powers relating to juvenile courts, and all cases under
Chapter Chapters 2151. and 2152. of the
Revised Code,
all cases arising under Chapter 3111. of the Revised Code,
all divorce, dissolution of marriage, legal separation, and annulment cases,
all proceedings involving child support, the allocation of parental rights and
responsibilities for the care of children and the designation for the children
of a place of residence and legal custodian, and visitation, and all
post-decree proceedings and matters arising from those cases and proceedings
shall be assigned to that judge and the successors to that judge. Except as
provided in division (Z)(2) of this section
and notwithstanding any other provision of any section of the
Revised Code, on and after February 9, 2003, the judge of
the court of common pleas of Marion county
whose term begins on February 9, 1999, and the
successors to that judge, shall have all the powers relating to the probate
division of the court of common pleas of
Marion county in addition to the powers
previously specified in this division, and shall exercise concurrent
jurisdiction with the judge of the probate division of that court over all
matters that are within the jurisdiction of the probate division of that court
under Chapter 2101., and other provisions, of
the Revised Code in addition to the jurisdiction of the
domestic relations-juvenile-probate division of that court otherwise specified
in division (Z)(1) of this section.
(2) The judge of the domestic relations-juvenile-probate division of the court of common pleas of Marion county or the judge of the probate division of the court of common pleas of Marion county, whichever of those judges is senior in total length of service on the court of common pleas of Marion county, regardless of the division or divisions of service, shall serve as the clerk of the probate division of the court of common pleas of Marion county.
(3) On and after February 9, 2003, all references in law to "the probate court," "the probate judge," "the juvenile court," or "the judge of the juvenile court" shall be construed, with respect to Marion county, as being references to both "the probate division" and "the domestic relations-juvenile-probate division" and as being references to both "the judge of the probate division" and "the judge of the domestic relations- juvenile-probate division." On and after February 9, 2003, all references in law to "the clerk of the probate court" shall be construed, with respect to Marion county, as being references to the judge who is serving pursuant to division (Z)(2) of this section as the clerk of the probate division of the court of common pleas of Marion county.
(AA) If a judge of the court of common pleas, division of domestic relations, or juvenile judge, of any of the counties mentioned in this section is sick, absent, or unable to perform that judge's judicial duties or the volume of cases pending in the judge's division necessitates it, the duties of that judge shall be performed by another judge of the court of common pleas of that county, assigned for that purpose by the presiding judge of the court of common pleas of that county to act in place of or in conjunction with that judge, as the case may require.
Sec. 2301.31. (A) If a person on parole is in the custody
of a county department of probation provided for in division (A)
of section 2301.27 of the Revised Code, any probation officer of
that department may arrest the person without a warrant for any
violation of any condition of parole, as defined in section
2967.01 of the Revised Code, or of any rule governing persons on
parole. If a person on parole is in the custody of a county
department of probation provided for in division (A) of section
2301.27 of the Revised Code, any probation officer or peace
officer shall arrest the person without a warrant for any
violation of any condition of parole or any rule governing
persons on parole upon the written order of the chief probation
officer of that department. Any peace officer may arrest the
person without a warrant, in accordance with section 2941.46 of
the Revised Code, if the peace officer has reasonable ground to
believe that the person has violated or is violating any of the
following that is a condition of his the person's parole:
(1) A condition that prohibits his ownership, possession,
or use of a firearm, deadly weapon, ammunition, or dangerous
ordnance;
(2) A condition that prohibits him the person from being within
a
specified structure or geographic area;
(3) A condition that confines him the person to a residence,
facility, or other structure;
(4) A condition that prohibits him the person from contacting
or
communicating with any specified individual;
(5) A condition that prohibits him the person from associating
with a
specified individual.
(B) A person who is arrested as provided in this section
may be confined in the jail or juvenile detention home facility,
as the case may be, of the county in which he the person is
arrested, until released or removed to the proper institution. Upon making an
arrest under this section, the arresting probation officer or
peace officer or his the arresting officer's department or
agency promptly shall notify
the chief probation officer of the county department of probation
with custody of the person or the chief probation officer's
designee that the person has been arrested.
Upon the written order of the chief probation officer of the county department with custody of the person, the person may be released on parole or reimprisoned or recommitted to the proper institution. An appeal from an order of reimprisonment or recommitment may be taken to the adult parole authority created by section 5149.02 of the Revised Code, and the decision of the authority on the appeal shall be final. The manner of taking an appeal of that nature and the disposition of the appellant pending the making and determination of the appeal shall be governed by the rules and orders of the adult parole authority.
(C) Nothing in this section limits the powers of arrest granted to certain law enforcement officers and citizens under sections 2935.03 and 2935.04 of the Revised Code.
(D) As used in this section:
(1) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.
(2) "Firearm," "deadly weapon," and "dangerous ordnance" have the same meanings as in section 2923.11 of the Revised Code.
Sec. 2701.03. (A) If a judge of the court of common pleas allegedly is interested in a proceeding pending before the court, allegedly is related to or has a bias or prejudice for or against a party to a proceeding pending before the court or a party's counsel, or allegedly otherwise is disqualified to preside in a proceeding pending before the court, any party to the proceeding or the party's counsel may file an affidavit of disqualification with the clerk of the supreme court in accordance with division (B) of this section.
(B) An affidavit of disqualification filed under section 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 less than seven calendar days before the day on which the next hearing in the proceeding is scheduled and shall include all of the following:
(1) The specific allegations on which the claim of interest, bias, prejudice, or disqualification is based and the facts to support each of those allegations or, in relation to an affidavit filed against a judge of a court of appeals, a specific allegation that the judge presided in the lower court in the same proceeding and the facts to support that allegation;
(2) The jurat of a notary public or another person authorized to administer oaths or affirmations;
(3) A certificate indicating that a copy of the affidavit has been served on the probate judge, judge of a court of appeals, or judge of a court of common pleas against whom the affidavit is filed and on all other parties or their counsel;
(4) The date of the next scheduled hearing in the proceeding or, if there is no hearing scheduled, a statement that there is no hearing scheduled.
(C)(1) Except as provided in division (C)(2) of this section, when an affidavit of disqualification is presented to the clerk of the supreme court for filing under division (B) of this section, all of the following apply:
(a) The clerk of the supreme court shall accept the affidavit for filing and shall forward the affidavit to the chief justice of the supreme court.
(b) The supreme court shall send notice of the filing of the affidavit to the probate court served by the judge if the affidavit is filed against a probate court judge, to the clerk of the court of appeals served by the judge if the affidavit is filed against a judge of a court of appeals, or to the clerk of the court of common pleas served by the judge if the affidavit is filed against a judge of a court of common pleas.
(c) Upon receipt of the notice under division (C)(1)(b) of this section, the probate court, the clerk of the court of 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 probate court, the docket of the court of appeals, or the docket in the proceeding in the court of common pleas.
(2) The clerk of the supreme court shall not accept an affidavit of disqualification presented for filing under division (B) of this section if it is not timely presented for filing or does not satisfy the requirements of divisions (B)(2), (3), and (4) of this section.
(D)(1) Except as provided in divisions (D)(2) to (4) of this section, if the clerk of the supreme court accepts an affidavit of disqualification for filing under divisions (B) and (C) of this section, the affidavit deprives the judge against whom the affidavit was filed of any authority to preside in the proceeding until the chief justice of the supreme court, or a justice of the supreme court designated by the chief justice, rules on the affidavit pursuant to division (E) of this section.
(2) A judge against whom an affidavit of disqualification has been filed under divisions (B) and (C) of this section may do any of the following that is applicable:
(a) If, based on the scheduled hearing date, the affidavit was not timely filed, the judge may preside in the proceeding.
(b) If the proceeding is a domestic relations proceeding, the judge may issue any temporary order relating to spousal support pendente lite and the support, maintenance, and allocation of parental rights and responsibilities for the care of children.
(c) If the proceeding pertains to a complaint brought pursuant to Chapter 2151. or 2152. of the Revised Code, the judge may issue any temporary order pertaining to the relation and conduct of any other person toward a child who is the subject of a complaint as the interest and welfare of the child may require.
(3) A judge against whom an affidavit of disqualification has been filed under divisions (B) and (C) of this section may determine a matter that does not affect a substantive right of any of the parties.
(4) If the clerk of the supreme court accepts an affidavit of disqualification for filing under divisions (B) and (C) of this section, if the chief justice of the supreme court, or a justice of the supreme court designated by the chief justice, denies the affidavit of disqualification pursuant to division (E) of this section, and if, after the denial, a second or subsequent affidavit of disqualification regarding the same judge and the same proceeding is filed by the same party who filed or on whose behalf was filed the affidavit that was denied or by counsel for the same party who filed or on whose behalf was filed the affidavit that was denied, the judge against whom the second or subsequent affidavit is filed may preside in the proceeding prior to the ruling of the chief justice of the supreme court, or a justice designated by the chief justice, on the second or subsequent affidavit.
(E) If the clerk of the supreme court accepts an affidavit of disqualification for filing under divisions (B) and (C) of this section and if the chief justice of the supreme court, or any justice of the supreme court designated by the chief justice, determines that the interest, bias, prejudice, or disqualification alleged in the affidavit does not exist, the chief justice or the designated justice shall issue an entry denying the affidavit of disqualification. If the chief justice of the supreme court, or any justice of the supreme court designated by the chief justice, determines that the interest, bias, prejudice, or disqualification alleged in the affidavit exists, the chief justice or the designated justice shall issue an entry that disqualifies that judge from presiding in the proceeding and either order that the proceeding be assigned to another judge of the court of which the disqualified judge is a member, to a judge of another court, or to a retired judge.
Sec. 2744.01. As used in this chapter:
(A) "Emergency call" means a call to duty, including, but not limited to, communications from citizens, police dispatches, and personal observations by peace officers of inherently dangerous situations that demand an immediate response on the part of a peace officer.
(B) "Employee" means an officer, agent, employee, or
servant, whether or not compensated or full-time or part-time,
who is authorized to act and is acting within the scope of
the officer's, agent's, employee's, or servant's
employment for a political subdivision. "Employee" does not
include an independent contractor and does not include any
individual engaged by a school district pursuant to section
3319.301 of the Revised Code. "Employee" includes any elected or
appointed official of a political subdivision. "Employee" also
includes a person who has been convicted of or pleaded guilty to
a criminal offense and who has been sentenced to perform
community service work in a political subdivision whether
pursuant to section 2951.02 of the Revised Code or otherwise, and
a child who is found to be a delinquent child and who is ordered
by a juvenile court pursuant to section 2151.355 2152.19
or 2152.20 of the Revised
Code to perform community service or community work in a
political subdivision.
(C)(1) "Governmental function" means a function of a political subdivision that is specified in division (C)(2) of this section or that satisfies any of the following:
(a) A function that is imposed upon the state as an obligation of sovereignty and that is performed by a political subdivision voluntarily or pursuant to legislative requirement;
(b) A function that is for the common good of all citizens of the state;
(c) A function that promotes or preserves the public peace, health, safety, or welfare; that involves activities that are not engaged in or not customarily engaged in by nongovernmental persons; and that is not specified in division (G)(2) of this section as a proprietary function.
(2) A "governmental function" includes, but is not limited to, the following:
(a) The provision or nonprovision of police, fire, emergency medical, ambulance, and rescue services or protection;
(b) The power to preserve the peace; to prevent and suppress riots, disturbances, and disorderly assemblages; to prevent, mitigate, and clean up releases of oil and hazardous and extremely hazardous substances as defined in section 3750.01 of the Revised Code; and to protect persons and property;
(c) The provision of a system of public education;
(d) The provision of a free public library system;
(e) The regulation of the use of, and the maintenance and repair of, roads, highways, streets, avenues, alleys, sidewalks, bridges, aqueducts, viaducts, and public grounds;
(f) Judicial, quasi-judicial, prosecutorial, legislative, and quasi-legislative functions;
(g) The construction, reconstruction, repair, renovation, maintenance, and operation of buildings that are used in connection with the performance of a governmental function, including, but not limited to, office buildings and courthouses;
(h) The design, construction, reconstruction, renovation, repair, maintenance, and operation of jails, places of juvenile detention, workhouses, or any other detention facility, as defined in section 2921.01 of the Revised Code;
(i) The enforcement or nonperformance of any law;
(j) The regulation of traffic, and the erection or nonerection of traffic signs, signals, or control devices;
(k) The collection and disposal of solid wastes, as defined in section 3734.01 of the Revised Code, including, but not limited to, the operation of solid waste disposal facilities, as "facilities" is defined in that section, and the collection and management of hazardous waste generated by households. As used in division (C)(2)(k) of this section, "hazardous waste generated by households" means solid waste originally generated by individual households that is listed specifically as hazardous waste in or exhibits one or more characteristics of hazardous waste as defined by rules adopted under section 3734.12 of the Revised Code, but that is excluded from regulation as a hazardous waste by those rules.
(l) The provision or nonprovision, planning or design, construction, or reconstruction of a public improvement, including, but not limited to, a sewer system;
(m) The operation of a human services department or agency, including, but not limited to, the provision of assistance to aged and infirm persons and to persons who are indigent;
(n) The operation of a health board, department, or agency, including, but not limited to, any statutorily required or permissive program for the provision of immunizations or other inoculations to all or some members of the public, provided that a "governmental function" does not include the supply, manufacture, distribution, or development of any drug or vaccine employed in any such immunization or inoculation program by any supplier, manufacturer, distributor, or developer of the drug or vaccine;
(o) The operation of mental health facilities, mental retardation or developmental disabilities facilities, alcohol treatment and control centers, and children's homes or agencies;
(p) The provision or nonprovision of inspection services of all types, including, but not limited to, inspections in connection with building, zoning, sanitation, fire, plumbing, and electrical codes, and the taking of actions in connection with those types of codes, including, but not limited to, the approval of plans for the construction of buildings or structures and the issuance or revocation of building permits or stop work orders in connection with buildings or structures;
(q) Urban renewal projects and the elimination of slum conditions;
(r) Flood control measures;
(s) The design, construction, reconstruction, renovation, operation, care, repair, and maintenance of a township cemetery;
(t) The issuance of revenue obligations under section 140.06 of the Revised Code;
(u) The design, construction, reconstruction, renovation, repair, maintenance, and operation of any park, playground, playfield, indoor recreational facility, zoo, zoological park, bath, swimming pool, pond, water park, wading pool, wave pool, water slide, and other type of aquatic facility, or golf course;
(v) The provision of public defender services by a county or joint county public defender's office pursuant to Chapter 120. of the Revised Code;
(w) A function that the general assembly mandates a political subdivision to perform.
(D) "Law" means any provision of the constitution, statutes, or rules of the United States or of this state; provisions of charters, ordinances, resolutions, and rules of political subdivisions; and written policies adopted by boards of education. When used in connection with the "common law," this definition does not apply.
(E) "Motor vehicle" has the same meaning as in section 4511.01 of the Revised Code.
(F) "Political subdivision" or "subdivision" means a municipal corporation, township, county, school district, or other body corporate and politic responsible for governmental activities in a geographic area smaller than that of the state. "Political subdivision" includes, but is not limited to, a county hospital commission appointed under section 339.14 of the Revised Code, regional planning commission created pursuant to section 713.21 of the Revised Code, county planning commission created pursuant to section 713.22 of the Revised Code, joint planning council created pursuant to section 713.231 of the Revised Code, interstate regional planning commission created pursuant to section 713.30 of the Revised Code, port authority created pursuant to section 4582.02 or 4582.26 of the Revised Code or in existence on December 16, 1964, regional council established by political subdivisions pursuant to Chapter 167. of the Revised Code, emergency planning district and joint emergency planning district designated under section 3750.03 of the Revised Code, joint emergency medical services district created pursuant to section 307.052 of the Revised Code, fire and ambulance district created pursuant to section 505.375 of the Revised Code, joint interstate emergency planning district established by an agreement entered into under that section, county solid waste management district and joint solid waste management district established under section 343.01 or 343.012 of the Revised Code, and community school established under Chapter 3314. of the Revised Code.
(G)(1) "Proprietary function" means a function of a political subdivision that is specified in division (G)(2) of this section or that satisfies both of the following:
(a) The function is not one described in division (C)(1)(a) or (b) of this section and is not one specified in division (C)(2) of this section;
(b) The function is one that promotes or preserves the public peace, health, safety, or welfare and that involves activities that are customarily engaged in by nongovernmental persons.
(2) A "proprietary function" includes, but is not limited to, the following:
(a) The operation of a hospital by one or more political subdivisions;
(b) The design, construction, reconstruction, renovation, repair, maintenance, and operation of a public cemetery other than a township cemetery;
(c) The establishment, maintenance, and operation of a utility, including, but not limited to, a light, gas, power, or heat plant, a railroad, a busline or other transit company, an airport, and a municipal corporation water supply system;
(d) The maintenance, destruction, operation, and upkeep of a sewer system;
(e) The operation and control of a public stadium, auditorium, civic or social center, exhibition hall, arts and crafts center, band or orchestra, or off-street parking facility.
(H) "Public roads" means public roads, highways, streets, avenues, alleys, and bridges within a political subdivision. "Public roads" does not include berms, shoulders, rights-of-way, or traffic control devices unless the traffic control devices are mandated by the Ohio manual of uniform traffic control devices.
(I) "State" means the state of Ohio, including, but not limited to, the general assembly, the supreme court, the offices of all elected state officers, and all departments, boards, offices, commissions, agencies, colleges and universities, institutions, and other instrumentalities of the state of Ohio. "State" does not include political subdivisions.
Sec. 2744.03. (A) In a civil action brought against a political subdivision or an employee of a political subdivision to recover damages for injury, death, or loss to persons or property allegedly caused by any act or omission in connection with a governmental or proprietary function, the following defenses or immunities may be asserted to establish nonliability:
(1) The political subdivision is immune from liability if the employee involved was engaged in the performance of a judicial, quasi-judicial, prosecutorial, legislative, or quasi-legislative function.
(2) The political subdivision is immune from liability if the conduct of the employee involved, other than negligent conduct, that gave rise to the claim of liability was required by law or authorized by law, or if the conduct of the employee involved that gave rise to the claim of liability was necessary or essential to the exercise of powers of the political subdivision or employee.
(3) The political subdivision is immune from liability if the action or failure to act by the employee involved that gave rise to the claim of liability was within the discretion of the employee with respect to policy-making, planning, or enforcement powers by virtue of the duties and responsibilities of the office or position of the employee.
(4) The political subdivision is immune from liability if
the action or failure to act by the political subdivision or
employee involved that gave rise to the claim of liability
resulted in injury or death to a person who had been convicted of
or pleaded guilty to a criminal offense and who, at the time of
the injury or death, was serving any portion of the person's
sentence by
performing community service work for or in the political
subdivision whether pursuant to section 2951.02 of the Revised
Code or otherwise, or resulted in injury or death to a child who
was found to be a delinquent child and who, at the time of the
injury or death, was performing community service or community
work for or in a political subdivision in accordance with the
order of a juvenile court entered pursuant to section 2151.355
2152.19 or 2152.20 of the Revised Code, and if, at
the
time of the person's or
child's injury or death, the
person or child was covered for purposes of Chapter 4123. of the
Revised Code in connection with the community service or
community work for or in the political subdivision.
(5) The political subdivision is immune from liability if the injury, death, or loss to persons or property resulted from the exercise of judgment or discretion in determining whether to acquire, or how to use, equipment, supplies, materials, personnel, facilities, and other resources unless the judgment or discretion was exercised with malicious purpose, in bad faith, or in a wanton or reckless manner.
(6) In addition to any immunity or defense referred to in division (A)(7) of this section and in circumstances not covered by that division or sections 3314.07 and 3746.24 of the Revised Code, the employee is immune from liability unless one of the following applies:
(a) The employee's acts or omissions were manifestly outside the scope of the employee's employment or official responsibilities;
(b) The employee's acts or omissions were with malicious purpose, in bad faith, or in a wanton or reckless manner;
(c) Liability is expressly imposed upon the employee by a section of the Revised Code. Liability shall not be construed to exist under another section of the Revised Code merely because that section imposes a responsibility or mandatory duty upon an employee, because of a general authorization in that section that an employee may sue and be sued, or because the section uses the term "shall" in a provision pertaining to an employee.
(7) The political subdivision, and an employee who is a county prosecuting attorney, city director of law, village solicitor, or similar chief legal officer of a political subdivision, an assistant of any such person, or a judge of a court of this state is entitled to any defense or immunity available at common law or established by the Revised Code.
(B) Any immunity or defense conferred upon, or referred to in connection with, an employee by division (A)(6) or (7) of this section does not affect or limit any liability of a political subdivision for an act or omission of the employee as provided in section 2744.02 of the Revised Code.
Sec. 2919.24. (A) No person, including a parent, guardian, or other custodian of a child, shall do either of the following:
(1) Aid, abet, induce, cause, encourage, or contribute to
a child or a ward of the juvenile court becoming an unruly child,
as defined in section 2151.022 of the Revised Code, or a
delinquent child, as defined in section 2151.02 2152.02 of the
Revised
Code;
(2) Act in a way tending to cause a child or a ward of the
juvenile court to become an unruly child, as defined in section
2151.022 of the Revised Code, or a delinquent child, as defined
in section 2151.02 2152.02 of the Revised Code.
(B) Whoever violates this section is guilty of contributing to the unruliness or delinquency of a child, a misdemeanor of the first degree. Each day of violation of this section is a separate offense.
Sec. 2921.32. (A) No person, with purpose to hinder the discovery, apprehension, prosecution, conviction, or punishment of another for crime or to assist another to benefit from the commission of a crime, and no person, with purpose to hinder the discovery, apprehension, prosecution, adjudication as a delinquent child, or disposition of a child for an act that if committed by an adult would be a crime or to assist a child to benefit from the commission of an act that if committed by an adult would be a crime, shall do any of the following:
(1) Harbor or conceal the other person or child;
(2) Provide the other person or child with money, transportation, a weapon, a disguise, or other means of avoiding discovery or apprehension;
(3) Warn the other person or child of impending discovery or apprehension;
(4) Destroy or conceal physical evidence of the crime or act, or induce any person to withhold testimony or information or to elude legal process summoning the person to testify or supply evidence;
(5) Communicate false information to any person.
(B)(1) Whoever violates this section is guilty of obstructing justice.
(2) If the crime committed by the person aided is a misdemeanor or if the act committed by the child aided would be a misdemeanor if committed by an adult, obstructing justice is a misdemeanor of the same degree as the crime committed by the person aided or a misdemeanor of the same degree that the act committed by the child aided would be if committed by an adult.
(3) Except as otherwise provided in division (B)(4) of this section, if the crime committed by the person aided is a felony or if the act committed by the child aided would be a felony if committed by an adult, obstructing justice is a felony of the fifth degree.
(4) If the crime committed by the person aided is aggravated murder, murder, or a felony of the first or second degree or if the act committed by the child aided would be one of those offenses if committed by an adult and if the offender knows or has reason to believe that the crime committed by the person aided is one of those offenses or that the act committed by the child aided would be one of those offenses if committed by an adult, obstructing justice is a felony of the third degree.
(C) As used in this section:
(1) "Adult" and "child" have the same meanings as in section 2151.011 of the Revised Code.
(2) "Delinquent child" has the same meaning as in section 2151.02
2152.02 of the Revised Code.
Sec. 2923.211. (A) No person under eighteen years of age shall purchase or attempt to purchase a firearm.
(B) No person under twenty-one years of age shall purchase or attempt to purchase a handgun, provided that this division does not apply to the purchase or attempted purchase of a handgun by a person eighteen years of age or older and under twenty-one years of age if the person eighteen years of age or older and under twenty-one years of age is a law enforcement officer who is properly appointed or employed as a law enforcement officer and has received firearms training approved by the Ohio peace officer training council or equivalent firearms training.
(C) Whoever violates division (A) of
this section is guilty of underage purchase of a firearm,
is a delinquent child, and is subject to an order of disposition as
provided
in section 2151.355 of the Revised Code act that would be a felony of
the fourth degree if it could be committed by an adult. Whoever violates
division
(B) of this section is guilty of underage purchase of a
handgun, a misdemeanor of the second degree.
Sec. 2923.32. (A)(1) No person employed by, or associated with, any enterprise shall conduct or participate in, directly or indirectly, the affairs of the enterprise through a pattern of corrupt activity or the collection of an unlawful debt.
(2) No person, through a pattern of corrupt activity or the collection of an unlawful debt, shall acquire or maintain, directly or indirectly, any interest in, or control of, any enterprise or real property.
(3) No person, who knowingly has received any proceeds derived, directly or indirectly, from a pattern of corrupt activity or the collection of any unlawful debt, shall use or invest, directly or indirectly, any part of those proceeds, or any proceeds derived from the use or investment of any of those proceeds, in the acquisition of any title to, or any right, interest, or equity in, real property or in the establishment or operation of any enterprise.
A purchase of securities on the open market with intent to make an investment, without intent to control or participate in the control of the issuer, and without intent to assist another to do so is not a violation of this division, if the securities of the issuer held after the purchase by the purchaser, the members of the purchaser's immediate family, and the purchaser's or the immediate family members' accomplices in any pattern of corrupt activity or the collection of an unlawful debt do not aggregate one per cent of the outstanding securities of any one class of the issuer and do not confer, in law or in fact, the power to elect one or more directors of the issuer.
(B)(1) Whoever violates this section is guilty of engaging in a pattern of corrupt activity. Except as otherwise provided in this division, engaging in corrupt activity is a felony of the second degree. If at least one of the incidents of corrupt activity is a felony of the first, second, or third degree, aggravated murder, or murder, if at least one of the incidents was a felony under the law of this state that was committed prior to the effective date of this amendment and that would constitute a felony of the first, second, or third degree, aggravated murder, or murder if committed on or after the effective date of this amendment, or if at least one of the incidents of corrupt activity is a felony under the law of the United States or of another state that, if committed in this state on or after the effective date of this amendment, would constitute a felony of the first, second, or third degree, aggravated murder, or murder under the law of this state, engaging in a pattern of corrupt activity is a felony of the first degree. Notwithstanding any other provision of law, a person may be convicted of violating the provisions of this section as well as of a conspiracy to violate one or more of those provisions under section 2923.01 of the Revised Code.
(2) Notwithstanding the financial sanctions authorized by section 2929.18 of the Revised Code, the court may do all of the following with respect to any person who derives pecuniary value or causes property damage, personal injury other than pain and suffering, or other loss through or by the violation of this section:
(a) In lieu of the fine authorized by that section, impose a fine not exceeding the greater of three times the gross value gained or three times the gross loss caused and order the clerk of the court to pay the fine into the corrupt activity investigation and prosecution fund created in section 2923.35 of the Revised Code;
(b) In addition to the fine described in division (B)(2)(a) of this section and the financial sanctions authorized by section 2929.18 of the Revised Code, order the person to pay court costs;
(c) In addition to the fine described in division (B)(2)(a) of this section and the financial sanctions authorized by section 2929.18 of the Revised Code, order the person to pay to the state, municipal, or county law enforcement agencies that handled the investigation and prosecution the costs of investigation and prosecution that are reasonably incurred.
The court shall hold a hearing to determine the amount of fine, court costs, and other costs to be imposed under this division.
(3) In addition to any other penalty or disposition authorized or required by law, the court shall order any person who is convicted of or pleads guilty to a violation of this section or who is adjudicated delinquent by reason of a violation of this section to criminally forfeit to the state any personal or real property in which the person has an interest and that was used in the course of or intended for use in the course of a violation of this section, or that was derived from or realized through conduct in violation of this section, including any property constituting an interest in, means of control over, or influence over the enterprise involved in the violation and any property constituting proceeds derived from the violation, including all of the following:
(a) Any position, office, appointment, tenure, commission, or employment contract of any kind acquired or maintained by the person in violation of this section, through which the person, in violation of this section, conducted or participated in the conduct of an enterprise, or that afforded the person a source of influence or control over an enterprise that the person exercised in violation of this section;
(b) Any compensation, right, or benefit derived from a position, office, appointment, tenure, commission, or employment contract described in division (B)(3)(a) of this section that accrued to the person in violation of this section during the period of the pattern of corrupt activity;
(c) Any interest in, security of, claim against, or property or contractual right affording the person a source of influence or control over the affairs of an enterprise that the person exercised in violation of this section;
(d) Any amount payable or paid under any contract for goods or services that was awarded or performed in violation of this section.
(4)(a) A sentence or disposition of criminal forfeiture pursuant to division (B)(3) of this section shall not be entered unless either of the following applies:
(i) The indictment, count in the indictment, or information charging the offense, or the complaint, indictment, or information filed in juvenile court charging the violation as a delinquent act alleges the extent of the property subject to forfeiture;
(ii) The criminal sentence or delinquency disposition requires the forfeiture of property that was not reasonably foreseen to be subject to forfeiture at the time of the indictment, count in the indictment, or information charging the offense, or the complaint, indictment, or information filed in juvenile court charging the violation as a delinquent act, provided that the prosecuting attorney gave prompt notice to the defendant or the alleged or adjudicated delinquent child of such property not reasonably foreseen to be subject to forfeiture when it is discovered to be forfeitable.
(b) A special verdict shall be returned as to the extent of the property, if any, subject to forfeiture. When the special verdict is returned, a judgment of forfeiture shall be entered.
(5) If any property included in a special verdict of forfeiture returned pursuant to division (B)(4) of this section cannot be located, has been sold to a bona fide purchaser for value, placed beyond the jurisdiction of the court, substantially diminished in value by the conduct of the defendant or adjudicated delinquent child, or commingled with other property that cannot be divided without difficulty or undue injury to innocent persons, or otherwise is unreachable without undue injury to innocent persons, the court shall order forfeiture of any other reachable property of the defendant or adjudicated delinquent child up to the value of the property that is unreachable.
(6) All property ordered forfeited pursuant to this section shall be held by the law enforcement agency that seized it for distribution or disposal pursuant to section 2923.35 of the Revised Code. The agency shall maintain an accurate record of each item of property so seized and held, which record shall include the date on which each item was seized, the manner and date of disposition by the agency, and if applicable, the name of the person who received the item; however, the record shall not identify or enable the identification of the individual officer who seized the property. The record is a public record open for inspection under section 149.43 of the Revised Code. Each law enforcement agency that seizes and holds in any calendar year any item of property that is ordered forfeited pursuant to this section shall prepare a report covering the calendar year that cumulates all of the information contained in all of the records kept by the agency pursuant to this division for that calendar year, and shall send the cumulative report, no later than the first day of March in the calendar year following the calendar year covered by the report, to the attorney general. Each such report so received by the attorney general is a public record open for inspection under section 149.43 of the Revised Code. Not later than the fifteenth day of April in the calendar year in which the reports were received, the attorney general shall send to the president of the senate and the speaker of the house of representatives a written notification that does all of the following:
(a) Indicates that the attorney general has received from law enforcement agencies reports of the type described in this division that cover the previous calendar year and indicates that the reports were received under this division;
(b) Indicates that the reports are open for inspection under section 149.43 of the Revised Code;
(c) Indicates that the attorney general will provide a copy of any or all of the reports to the president of the senate or the speaker of the house of representatives upon request.
(C) Notwithstanding the notice and procedure prescribed by division (E) of this section, an order of criminal forfeiture entered under division (B)(3) of this section shall authorize an appropriate law enforcement agency to seize the property declared forfeited under this section upon the terms and conditions, relating to the time and manner of seizure, that the court determines proper.
(D) Criminal penalties under this section are not mutually
exclusive, unless otherwise provided, and do not preclude the
application of any other criminal or civil remedy under this or
any other section of the Revised Code. A disposition of criminal
forfeiture ordered pursuant to division (B)(3) of this section in
relation to a child who was adjudicated delinquent by reason of a
violation of this section does not preclude the application of
any other order of disposition under section 2151.355
Chapter 2152. of the
Revised Code or any other civil remedy under this or any other
section of the Revised Code.
(E)(1) Upon the entry of a judgment of forfeiture pursuant to division (B)(3) of this section, the court shall cause notice of the judgment to be sent by certified mail, return receipt requested, to all persons known to have, or appearing to have, an interest in the property that was acquired prior to the filing of a corrupt activity lien notice or a lis pendens as authorized by section 2923.36 of the Revised Code. If the notices cannot be given to those persons in that manner, the court shall cause publication of the notice of the judgment of forfeiture pursuant to the Rules of Civil Procedure.
(2) Within thirty days after receipt of a notice or after the date of publication of a notice under division (E)(1) of this section, any person, other than the defendant or the adjudicated delinquent child, who claims an interest in the property that is subject to forfeiture may petition the court for a hearing to determine the validity of the claim. The petition shall be signed and sworn to by the petitioner and shall set forth the nature and extent of the petitioner's interest in the property, the date and circumstances of the petitioner's acquisition of the interest, any additional allegations supporting the claim, and the relief sought. The petitioner shall furnish the prosecuting attorney with a copy of the petition.
(3) The court, to the extent practicable and consistent with the interests of justice, shall hold the hearing described under division (E)(2) of this section within thirty days from the filing of the petition. The court may consolidate the hearings on all petitions filed by third party claimants under this section. At the hearing, the petitioner may testify and present evidence on the petitioner's own behalf and cross-examine witnesses. The prosecuting attorney may present evidence and witnesses in rebuttal and in defense of the claim of the state to the property and cross-examine witnesses. The court, in making its determination, shall consider the testimony and evidence presented at the hearing and the relevant portions of the record of the criminal proceeding that resulted in the judgment of forfeiture.
(4) If at a hearing held under division (E)(3) of this section, the court, by a preponderance of the evidence, determines either that the petitioner has a legal right, title, or interest in the property that, at the time of the commission of the acts giving rise to the forfeiture of the property, was vested in the petitioner and not in the defendant or the adjudicated delinquent child or was superior to the right, title, or interest of the defendant or the adjudicated delinquent child, or that the petitioner is a bona fide purchaser for value of the right, title, or interest in the property and was at the time of the purchase reasonably without cause to believe that the property was subject to forfeiture under this section, it shall amend, in accordance with its determination, the judgment of forfeiture to protect the rights of innocent persons.
(F) Except as provided in division (E) of this section, no person claiming an interest in property that is subject to forfeiture under this section shall do either of the following:
(1) Intervene in a trial or appeal of a criminal case or a delinquency case that involves the forfeiture of the property;
(2) File an action against the state concerning the validity of the person's alleged interest in the property subsequent to the filing of the indictment, count in the indictment, or information, or the filing of the complaint, indictment, or information in juvenile court, that alleges that the property is subject to forfeiture under this section.
(G) As used in this section, "law enforcement agency" includes, but is not limited to, the state board of pharmacy.
Sec. 2923.33. (A) At any time after an indictment is filed alleging a violation of section 2923.32 of the Revised Code or a conspiracy to violate that section or after a complaint, indictment or information is filed in juvenile court alleging a violation of that section or a conspiracy to violate that section as a delinquent act, the prosecuting attorney may file a motion requesting the court to issue an order to preserve the reachability of any property that may be subject to forfeiture. Upon the filing of the motion, the court, after giving notice to any person who will be affected by any order issued by the court pursuant to the motion, shall hold a hearing on the motion at which all affected persons have an opportunity to be heard and, upon a showing by the prosecuting attorney by a preponderance of the evidence that the particular action is necessary to preserve the reachability of any property that may be subject to forfeiture and based upon the indictment, may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other necessary action, including the appointment of a receiver. The prosecuting attorney is not required to show special or irreparable injury to obtain any court action pursuant to this division. Notwithstanding the Rules of Evidence, the court's order or injunction may be based on hearsay testimony.
(B) If no indictment has been filed alleging a violation of section 2923.32 of the Revised Code or a conspiracy to violate that section and no complaint, indictment, or information has been filed in juvenile court alleging a violation of that section or a conspiracy to violate that section as a delinquent act, the court may take any action specified in division (A) of this section if the prosecuting attorney for the county, in addition to the showing that would be required pursuant to division (A) of this section, also shows both of the following by a preponderance of the evidence:
(1) There is probable cause to believe that the property with respect to which the order is sought, in the event of a conviction or a delinquency adjudication, would be subject to criminal forfeiture under section 2923.32 of the Revised Code;
(2) The requested order would not result in irreparable harm to the party against whom the order is to be entered that outweighs the need to preserve the reachability of the property.
No order entered pursuant to this division shall be effective for more than ninety days, unless it is extended pursuant to the procedure provided in this division by the court for good cause shown or an indictment is returned alleging that the property is subject to forfeiture.
(C) Upon application by the prosecuting attorney, the court may grant a temporary restraining order to preserve the reachability of property subject to criminal forfeiture under section 2923.32 of the Revised Code without notice to any party, if all of the following occur:
(1) Either an indictment or a juvenile delinquency complaint, indictment, or information alleging that property is subject to criminal forfeiture has been filed, or the court determines that there is probable cause to believe that property with respect to which the order is sought would be subject, in the event of a conviction or a delinquency adjudication, to criminal forfeiture;
(2) The property is in the possession or control of the party against whom the order is to be entered;
(3) The court determines that the nature of the property is such that it can be concealed, disposed of, or placed beyond the jurisdiction of the court before any party may be heard in opposition to the order.
A temporary restraining order granted without notice to any party under this division shall expire within the time, not to exceed ten days, that the court fixes, unless extended for good cause shown or unless the party against whom it is entered consents to an extension for a longer period. If a temporary restraining order is granted under this division without notice to any party, the court shall hold a hearing concerning the entry of an order under this division at the earliest practicable time prior to the expiration of the temporary order.
(D) Following sentencing and the entry of a judgment against an offender that includes a fine or an order of criminal forfeiture, or both, under section 2923.32 of the Revised Code, or following the entry of a judgment against a delinquent child that includes an order of criminal forfeiture under that section, the court may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other action, including the appointment of a receiver, that the court determines to be proper to protect the interests of the state or an innocent person.
Sec. 2923.34. (A) The prosecuting attorney of the county in which a violation of section 2923.32 of the Revised Code, or a conspiracy to violate that section, occurs may institute a civil proceeding as authorized by this section in an appropriate court seeking relief from any person whose conduct violated section 2923.32 of the Revised Code or who conspired to violate that section.
(B) Any person who is injured or threatened with injury by a violation of section 2923.32 of the Revised Code may institute a civil proceeding in an appropriate court seeking relief from any person whose conduct violated or allegedly violated section 2923.32 of the Revised Code or who conspired or allegedly conspired to violate that section, except that the pattern of corrupt activity alleged by an injured person or person threatened with injury shall include at least one incident other than a violation of division (A)(1) or (2) of section 1707.042 or division (B), (C)(4), (D), (E), or (F) of section 1707.44 of the Revised Code, of 18 U.S.C. 1341, 18 U.S.C. 1343, 18 U.S.C. 2314, or any other offense involving fraud in the sale of securities.
(C) If the plaintiff in a civil action instituted pursuant to this section proves the violation by a preponderance of the evidence, the court, after making due provision for the rights of innocent persons, may grant relief by entering any appropriate orders to ensure that the violation will not continue or be repeated. The orders may include, but are not limited to, orders that:
(1) Require any defendant in the action to divest himself of any
the divestiture of the defendant's interest in any enterprise or in any
real property;
(2) Impose reasonable restrictions upon the future
activities or investments of any defendant in the action,
including, but not limited to, restrictions that prohibit the
defendant from engaging in the same type of endeavor as the
enterprise in which he the defendant was engaged in violation of
section 2923.32 of the Revised Code;
(3) Order the dissolution or reorganization of any enterprise;
(4) Order the suspension or revocation of a license, permit, or prior approval granted to any enterprise by any department or agency of the state;
(5) Order the dissolution of a corporation organized under the laws of this state, or the revocation of the authorization of a foreign corporation to conduct business within this state, upon a finding that the board of directors or an agent acting on behalf of the corporation, in conducting the affairs of the corporation, has authorized or engaged in conduct in violation of section 2923.32 of the Revised Code, and that, for the prevention of future criminal conduct, the public interest requires the corporation to be dissolved or its license revoked.
(D) Relief pursuant to division (C)(3), (4), or (5) of this section shall not be granted in any civil proceeding instituted by an injured person unless the attorney general intervenes in the civil action pursuant to this division.
Upon the filing of a civil proceeding for relief under
division (C)(3), (4), or (5) of this section by an allegedly
injured person other than a prosecuting attorney, the allegedly
injured person immediately shall notify the attorney general of
the filing. The attorney general, upon timely application, may
intervene in any civil proceeding for relief under division
(C)(3), (4), or (5) if the attorney general certifies that, in
his the attorney general's opinion, the proceeding is of general
public interest. In any proceeding brought by an injured person under
division (C)(3), (4), or (5) of this section, the attorney general is
entitled to the same relief as if the attorney general instituted
the proceeding.
(E) In a civil proceeding under division (C) of this section, the court may grant injunctive relief without a showing of special or irreparable injury.
Pending final determination of a civil proceeding initiated under this section, the court may issue a temporary restraining order or a preliminary injunction upon a showing of immediate danger or significant injury to the plaintiff, including the possibility that any judgment for money damages might be difficult to execute, and, in a proceeding initiated by an aggrieved person, upon the execution of proper bond against injury for an improvidently granted injunction.
(F) In a civil proceeding under division (B) of this
section, any person directly or indirectly injured by conduct in
violation of section 2923.32 of the Revised Code or a conspiracy
to violate that section, other than a violator of that section or
a conspirator to violate that section, in addition to relief
under division (C) of this section, shall have a cause of action
for triple the actual damages he the person sustained. To
recover triple damages, the plaintiff shall prove the violation or conspiracy
to
violate that section and actual damages by clear and convincing
evidence. Damages under this division may include, but are not
limited to, competitive injury and injury distinct from the
injury inflicted by corrupt activity.
(G) In a civil action in which the plaintiff prevails
under division (C) or (F) of this section, he the plaintiff
shall recover reasonable attorney fees in the trial and appellate courts, and
the court shall order the defendant to pay to the state,
municipal, or county law enforcement agencies that handled the
investigation and litigation the costs of investigation and
litigation that reasonably are incurred and that are not ordered
to be paid pursuant to division (B)(2) of section 2923.32 of the
Revised Code or division (I) of this section.
(H) Upon application, based on the evidence presented in
the case by the plaintiff, as the interests of justice may
require, the trial court may grant a defendant who prevails in a
civil action brought pursuant to this section all or part of his the
defendant's costs, including the costs of investigation and litigation
reasonably incurred, and all or part of his the defendant's
reasonable attorney fees, unless the court finds that special circumstances,
including the relative economic position of the parties, make an
award unjust.
(I) If a person, other than an individual, is not convicted of a violation of section 2923.32 of the Revised Code, the prosecuting attorney may institute proceedings against the person to recover a civil penalty for conduct that the prosecuting attorney proves by clear and convincing evidence is in violation of section 2923.32 of the Revised Code. The civil penalty shall not exceed one hundred thousand dollars and shall be paid into the state treasury to the credit of the corrupt activity investigation and prosecution fund created in section 2923.35 of the Revised Code. If a civil penalty is ordered pursuant to this division, the court shall order the defendant to pay to the state, municipal, or county law enforcement agencies that handled the investigation and litigation the costs of investigation and litigation that are reasonably incurred and that are not ordered to be paid pursuant to this section.
(J) A final judgment, decree, or delinquency adjudication rendered against the defendant or the adjudicated delinquent child in a civil action under this section or in a criminal or delinquency action or proceeding for a violation of section 2923.32 of the Revised Code shall estop the defendant or the adjudicated delinquent child in any subsequent civil proceeding or action brought by any person as to all matters as to which the judgment, decree, or adjudication would be an estoppel as between the parties to the civil, criminal, or delinquency proceeding or action.
(K) Notwithstanding any other provision of law providing a shorter period of limitations, a civil proceeding or action under this section may be commenced at any time within five years after the unlawful conduct terminates or the cause of action accrues or within any longer statutory period of limitations that may be applicable. If a criminal proceeding, delinquency proceeding, civil action, or other proceeding is brought or intervened in by the state to punish, prevent, or restrain any activity that is unlawful under section 2923.32 of the Revised Code, the running of the period of limitations prescribed by this division with respect to any civil action brought under this section by a person who is injured by a violation or threatened violation of section 2923.32 of the Revised Code, based in whole or in part upon any matter complained of in the state prosecution, action, or proceeding, shall be suspended during the pendency of the state prosecution, action, or proceeding and for two years following its termination.
(L) Personal service of any process in a proceeding under
this section may be made upon any person outside this state if
the person was involved in any conduct constituting a violation
of section 2923.32 of the Revised Code in this state. The person
is deemed by his the person's conduct in violation of section
2923.32 of the Revised Code to have submitted himself to
the jurisdiction of the courts of this state for the purposes of this section.
(M) The application of any civil remedy under this section
shall not preclude the application of any criminal remedy or
criminal forfeiture under section 2923.32 of the Revised Code or
any other provision of law, or the application of any delinquency
disposition under section 2151.355 Chapter
2152. of the Revised Code or any
other provision of law.
(N) As used in this section, "law enforcement agency" includes, but is not limited to, the state board of pharmacy.
Sec. 2923.36. (A) Upon the institution of any criminal proceeding charging a violation of section 2923.32 of the Revised Code, the filing of any complaint, indictment, or information in juvenile court alleging a violation of that section as a delinquent act, or the institution of any civil proceeding under section 2923.32 or 2923.34 of the Revised Code, the state, at any time during the pendency of the proceeding, may file a corrupt activity lien notice with the county recorder of any county in which property subject to forfeiture may be located. No fee shall be required for filing the notice. The recorder immediately shall record the notice pursuant to section 317.08 of the Revised Code.
(B) A corrupt activity lien notice shall be signed by the prosecuting attorney who files the lien. The notice shall set forth all of the following information:
(1) The name of the person against whom the proceeding has been brought. The prosecuting attorney may specify in the notice any aliases, names, or fictitious names under which the person may be known. The prosecuting attorney also may specify any corporation, partnership, or other entity in which the person has an interest subject to forfeiture under section 2923.32 of the Revised Code and shall describe in the notice the person's interest in the corporation, partnership, or other entity.
(2) If known to the prosecuting attorney, the present residence and business addresses of the person or names set forth in the notice;
(3) A statement that a criminal or delinquency proceeding for a violation of section 2923.32 of the Revised Code or a civil proceeding under section 2923.32 or 2923.34 of the Revised Code has been brought against the person named in the notice, the name of the county in which the proceeding has been brought, and the case number of the proceeding;
(4) A statement that the notice is being filed pursuant to this section;
(5) The name and address of the prosecuting attorney filing the notice;
(6) A description of the real or personal property subject to the notice and of the interest in that property of the person named in the notice, to the extent the property and the interest of the person in it reasonably is known at the time the proceeding is instituted or at the time the notice is filed.
(C) A corrupt activity lien notice shall apply only to one person and, to the extent applicable, any aliases, fictitious names, or other names, including names of corporations, partnerships, or other entities, to the extent permitted in this section. A separate corrupt activity lien notice is required to be filed for any other person.
(D) Within seven days after the filing of each corrupt activity lien notice, the prosecuting attorney who files the notice shall furnish to the person named in the notice by certified mail, return receipt requested, to the last known business or residential address of the person, a copy of the recorded notice with a notation on it of any county in which the notice has been recorded. The failure of the prosecuting attorney to furnish a copy of the notice under this section shall not invalidate or otherwise affect the corrupt activity lien notice when the prosecuting attorney did not know and could not reasonably ascertain the address of the person entitled to notice.
After receipt of a copy of the notice under this division, the person named in the notice may petition the court to authorize the person to post a surety bond in lieu of the lien or to otherwise modify the lien as the interests of justice may require. The bond shall be in an amount equal to the value of the property reasonably known to be subject to the notice and conditioned on the payment of any judgment and costs ordered in an action pursuant to section 2923.32 or 2923.34 of the Revised Code up to the value of the bond.
(E) From the date of filing of a corrupt activity lien notice, the notice creates a lien in favor of the state on any personal or real property or any beneficial interest in the property located in the county in which the notice is filed that then or subsequently is owned by the person named in the notice or under any of the names set forth in the notice.
The lien created in favor of the state is superior and prior to the interest of any other person in the personal or real property or beneficial interest in the property, if the interest is acquired subsequent to the filing of the notice.
(F)(1) Notwithstanding any law or rule to the contrary, in conjunction with any civil proceeding brought pursuant to section 2923.34 of the Revised Code, the prosecuting attorney may file in any county, without prior court order, a lis pendens pursuant to sections 2703.26 and 2703.27 of the Revised Code. In such a case, any person acquiring an interest in the subject property or beneficial interest in the property, if the property interest is acquired subsequent to the filing of the lis pendens, shall take the property or interest subject to the civil proceeding and any subsequent judgment.
(2) If a corrupt activity lien notice has been filed, the prosecuting attorney may name as a defendant in the lis pendens, in addition to the person named in the notice, any person acquiring an interest in the personal or real property or beneficial interest in the property subsequent to the filing of the notice. If a judgment of forfeiture is entered in the criminal or delinquency proceeding pursuant to section 2923.32 of the Revised Code in favor of the state, the interest of any person in the property that was acquired subsequent to the filing of the notice shall be subject to the notice and judgment of forfeiture.
(G) Upon a final judgment of forfeiture in favor of the state pursuant to section 2923.32 of the Revised Code, title of the state to the forfeited property shall do either of the following:
(1) In the case of real property, or a beneficial interest in it, relate back to the date of filing of the corrupt activity lien notice in the county where the property or interest is located. If no corrupt activity lien notice was filed, title of the state relates back to the date of the filing of any lis pendens under division (F) of this section in the records of the county recorder of the county in which the real property or beneficial interest is located. If no corrupt activity lien notice or lis pendens was filed, title of the state relates back to the date of the recording of the final judgment of forfeiture in the records of the county recorder of the county in which the real property or beneficial interest is located.
(2) In the case of personal property or a beneficial interest in it, relate back to the date on which the property or interest was seized by the state, or the date of filing of a corrupt activity lien notice in the county in which the property or beneficial interest is located. If the property was not seized and no corrupt activity lien notice was filed, title of the state relates back to the date of the recording of the final judgment of forfeiture in the county in which the personal property or beneficial interest is located.
(H) If personal or real property, or a beneficial interest in it, that is subject to forfeiture pursuant to section 2923.32 of the Revised Code is conveyed, alienated, disposed of, or otherwise rendered unavailable for forfeiture after the filing of either a corrupt activity lien notice, or a criminal or delinquency proceeding for a violation of section 2923.32 or a civil proceeding under section 2923.32 or 2923.34 of the Revised Code, whichever is earlier, the state may bring an action in any court of common pleas against the person named in the corrupt activity lien notice or the defendant in the criminal, delinquency, or civil proceeding to recover the value of the property or interest. The court shall enter final judgment against the person named in the notice or the defendant for an amount equal to the value of the property or interest together with investigative costs and attorney's fees incurred by the state in the action. If a civil proceeding is pending, an action pursuant to this section shall be filed in the court in which the proceeding is pending.
(I) If personal or real property, or a beneficial interest in it, that is subject to forfeiture pursuant to section 2923.32 of the Revised Code is alienated or otherwise transferred or disposed of after either the filing of a corrupt activity lien notice, or the filing of a criminal or delinquency proceeding for a violation of section 2923.32 or a civil proceeding under section 2923.32 or 2923.34 of the Revised Code, whichever is earlier, the transfer or disposal is fraudulent as to the state and the state shall have all the rights granted a creditor under Chapter 1336. of the Revised Code.
(J) No trustee, who acquires actual knowledge that a
corrupt activity lien notice, a criminal or delinquency
proceeding for a violation of section 2923.32 or a civil
proceeding under section 2923.32 or 2923.34 of the Revised Code
has been filed against any person for whom he the trustee holds
legal or record title to personal or real property, shall recklessly fail
to furnish promptly to the prosecuting attorney all of the
following:
(1) The name and address of the person, as known to the trustee;
(2) The name and address, as known to the trustee, of all other persons for whose benefit the trustee holds title to the property;
(3) If requested by the prosecuting attorney, a copy of the trust agreement or other instrument under which the trustee holds title to the property.
Any trustee who fails to comply with this division is guilty of failure to provide corrupt activity lien information, a misdemeanor of the first degree.
(K) If a trustee transfers title to personal or real
property after a corrupt activity lien notice is filed against
the property, the lien is filed in the county in which the
property is located, and the lien names a person who holds a
beneficial interest in the property, the trustee, if he the
trustee has actual notice of the notice, shall be liable to the state for
the greater of the following:
(1) The proceeds received directly by the person named in the notice as a result of the transfer;
(2) The proceeds received by the trustee as a result of the transfer and distributed to the person named in the notice;
(3) The fair market value of the interest of the person named in the notice in the property transferred.
However, if the trustee transfers property for at least its
fair market value and holds the proceeds that otherwise would be
paid or distributed to the beneficiary, or at the direction of
the beneficiary or his the beneficiary's designee, the liability
of the trustee shall not exceed the amount of the proceeds held by the
trustee.
(L) The filing of a corrupt activity lien notice does not constitute a lien on the record title to personal or real property owned by the trustee, except to the extent the trustee is named in the notice.
The prosecuting attorney for the county may bring a civil action in any court of common pleas to recover from the trustee the amounts set forth in division (H) of this section. The county may recover investigative costs and attorney's fees incurred by the prosecuting attorney.
(M)(1) This section does not apply to any transfer by a trustee under a court order, unless the order is entered in an action between the trustee and the beneficiary.
(2) Unless the trustee has actual knowledge that a person owning a beneficial interest in the trust is named in a corrupt activity lien notice or otherwise is a defendant in a civil proceeding brought pursuant to section 2923.34 of the Revised Code, this section does not apply to either of the following:
(a) Any transfer by a trustee required under the terms of any trust agreement, if the agreement is a matter of public record before the filing of any corrupt activity lien notice;
(b) Any transfer by a trustee to all of the persons who own a beneficial interest in the trust.
(N) The filing of a corrupt activity lien notice does not affect the use to which personal or real property, or a beneficial interest in it, that is owned by the person named in the notice may be put or the right of the person to receive any proceeds resulting from the use and ownership, but not the sale, of the property, until a judgment of forfeiture is entered.
(O) The term of a corrupt activity lien notice is five years from the date the notice is filed, unless a renewal notice has been filed by the prosecuting attorney of the county in which the property or interest is located. The term of any renewal of a corrupt activity lien notice granted by the court is five years from the date of its filing. A corrupt activity lien notice may be renewed any number of times while a criminal or civil proceeding under section 2923.32 or 2923.34 of the Revised Code, or an appeal from either type of proceeding, is pending.
(P) The prosecuting attorney who files the corrupt
activity lien notice may terminate, in whole or part, any corrupt
activity lien notice or release any personal or real property or
beneficial interest in the property upon any terms that he the
prosecuting attorney determines are appropriate. Any termination or
release shall be
filed by the prosecuting attorney with each county recorder with
whom the notice was filed. No fee shall be imposed for the
filing.
(Q)(1) If no civil proceeding has been brought by the prosecuting attorney pursuant to section 2923.34 of the Revised Code against the person named in the corrupt activity lien notice, the acquittal in a criminal or delinquency proceeding for a violation of section 2923.32 of the Revised Code of the person named in the notice or the dismissal of a criminal or delinquency proceeding for such a violation against the person named in the notice terminates the notice. In such a case, the filing of the notice has no effect.
(2) If a civil proceeding has been brought pursuant to section 2923.34 of the Revised Code with respect to any property that is the subject of a corrupt activity lien notice and if the criminal or delinquency proceeding brought against the person named in the notice for a violation of section 2923.32 of the Revised Code has been dismissed or the person named in the notice has been acquitted in the criminal or delinquency proceeding for such a violation, the notice shall continue for the duration of the civil proceeding and any appeals from the civil proceeding, except that it shall not continue any longer than the term of the notice as determined pursuant to division (O) of this section.
(3) If no civil proceeding brought pursuant to section
2923.34 of the Revised Code then is pending against the person
named in a corrupt activity lien notice, any person so named may
bring an action against the prosecuting attorney who filed the
notice, in the county where it was filed, seeking a release of
the property subject to the notice or termination of the notice.
In such a case, the court of common pleas promptly shall set a
date for hearing, which shall be not less than five nor more than
ten days after the action is filed. The order and a copy of the
complaint shall be served on the prosecuting attorney within
three days after the action is filed. At the hearing, the court
shall take evidence as to whether any personal or real property,
or beneficial interest in it, that is owned by the person
bringing the action is covered by the notice or otherwise is
subject to forfeiture. If the person bringing the action shows
by a preponderance of the evidence that the notice does not apply
to him the person or that any personal or real property, or
beneficial interest in it, that is owned by him the person is
not subject to forfeiture, the court shall enter a judgment terminating the
notice or releasing the personal or real property or beneficial
interest from the notice.
At a hearing, the court may release from the notice any property or beneficial interest upon the posting of security, by the person against whom the notice was filed, in an amount equal to the value of the property or beneficial interest owned by the person.
(4) The court promptly shall enter an order terminating a corrupt activity lien notice or releasing any personal or real property or beneficial interest in the property, if a sale of the property or beneficial interest is pending and the filing of the notice prevents the sale. However, the proceeds of the sale shall be deposited with the clerk of the court, subject to the further order of the court.
(R) Notwithstanding any provision of this section, any person who has perfected a security interest in personal or real property or a beneficial interest in the property for the payment of an enforceable debt or other similar obligation prior to the filing of a corrupt activity lien notice or a lis pendens in reference to the property or interest may foreclose on the property or interest as otherwise provided by law. The foreclosure, insofar as practical, shall be made so that it otherwise will not interfere with a forfeiture under section 2923.32 of the Revised Code.
Sec. 2923.44. (A)(1) In accordance with division (B) of this section, a person who is convicted of or pleads guilty to a violation of section 2923.42 of the Revised Code, and a juvenile who is found by a juvenile court to be a delinquent child for an act committed in violation of section 2923.42 of the Revised Code, loses any right to the possession of property and forfeits to the state any right, title, and interest the person may have in that property if either of the following applies:
(a) The property constitutes, or is derived directly or indirectly from, any proceeds that the person obtained directly or indirectly from the commission of the violation of section 2923.42 of the Revised Code.
(b) The property was used or intended to be used in any manner to commit, or to facilitate the commission of, the violation of section 2923.42 of the Revised Code.
(2) All right, title, and interest of a person in property described in division (A)(1) of this section vests in the state upon the person's commission of the violation of section 2923.42 of the Revised Code of which the person is convicted or to which the person pleads guilty and that is the basis of the forfeiture, or upon the juvenile's commission of the act that is a violation of section 2923.42 of the Revised Code, that is the basis of the juvenile being found to be a delinquent child, and that is the basis of the forfeiture. Subject to divisions (F)(3)(b) and (5)(b) and (G)(2) of this section, if any right, title, or interest in property is vested in this state under division (A)(2) of this section and subsequently is transferred to a person other than the adult offender or the delinquent child who forfeits the right, title, or interest in the property under division (A)(1) of this section, then, in accordance with division (B) of this section, the right, title, or interest in the property may be the subject of a special verdict of forfeiture and, after any special verdict of forfeiture, shall be ordered forfeited to this state, unless the transferee establishes in a hearing held pursuant to division (F) of this section that the transferee is a bona fide purchaser for value of the right, title, or interest in the property and that, at the time of its purchase, the transferee was reasonably without cause to believe that it was subject to forfeiture under this section.
(3) The provisions of section 2923.45 of the Revised Code that relate to the forfeiture of any right, title, or interest in property associated with a violation of section 2923.42 of the Revised Code pursuant to a civil action to obtain a civil forfeiture do not apply to the forfeiture of any right, title, or interest in property described in division (A)(1) of this section that occurs pursuant to division (B) of this section upon a person's conviction of or guilty plea to a violation of section 2923.42 of the Revised Code or upon a juvenile being found by a juvenile court to be a delinquent child for an act that is a violation of section 2923.42 of the Revised Code.
(4) Nothing in this section precludes a financial institution that has or purports to have a security interest in or lien on property described in division (A)(1) of this section from commencing a civil action or taking other appropriate legal action in connection with the property prior to its disposition in accordance with section 2923.46 of the Revised Code for the purpose of obtaining possession of the property in order to foreclose or otherwise enforce the security interest or lien. A financial institution may commence a civil action or take other appropriate legal action for that purpose prior to the disposition of the property in accordance with section 2923.46 of the Revised Code, even if a prosecution for a violation of section 2923.42 of the Revised Code or a delinquent child proceeding for an act that is a violation of section 2923.42 of the Revised Code has been or could be commenced, even if the property is or could be the subject of an order of forfeiture issued under division (B)(5) of this section, and even if the property has been seized or is subject to seizure pursuant to division (D) or (E) of this section.
If a financial institution commences a civil action or takes any other appropriate legal action as described in division (A)(4) of this section, if the financial institution subsequently causes the sale of the property prior to its seizure pursuant to division (D) or (E) of this section and its disposition pursuant to section 2923.46 of the Revised Code, and if the person responsible for the conduct of the sale has actual knowledge of the commencement of a prosecution for a violation of section 2923.42 of the Revised Code or of a delinquent child proceeding for an act that is a violation of section 2923.42 of the Revised Code, actual knowledge of a pending forfeiture proceeding under division (B) of this section, or actual knowledge of an order of forfeiture issued under division (B)(5) of this section, then the person responsible for the conduct of the sale shall dispose of the proceeds of the sale in the following order:
(a) First, to the payment of the costs of the sale and to the payment of the costs incurred by law enforcement agencies and financial institutions in connection with the seizure of, storage of, maintenance of, and provision of security for the property. As used in this division, "costs" of a financial institution do not include attorney's fees incurred by that institution in connection with the property.
(b) Second, the remaining proceeds of the sale after compliance with division (A)(4)(a) of this section, to the payment in the order of priority of the security interests and liens of valid security interests and liens pertaining to the property that, at the time of the vesting in the state under division (A)(2) of this section of the right, title, or interest of the adult or juvenile, are held by known secured parties and lienholders;
(c) Third, the remaining proceeds of the sale after compliance with division (A)(4)(b) of this section, to the court that has or would have jurisdiction in a prosecution for a violation of section 2923.42 of the Revised Code or a delinquent child proceeding for an act that is a violation of section 2923.42 of the Revised Code for disposition in accordance with section 2923.46 of the Revised Code.
(B)(1) A criminal forfeiture of any right, title, or interest in property described in division (A)(1) of this section is precluded unless one of the following applies:
(a) The indictment, count in the indictment, or information charging the violation of section 2923.42 of the Revised Code specifies the nature of the right, title, or interest of the alleged offender in the property described in division (A)(1) of this section that is potentially subject to forfeiture under this section, or a description of the property of the alleged offender that is potentially subject to forfeiture under this section, to the extent the right, title, or interest in the property or the property reasonably is known at the time of the filing of the indictment or information; or the complaint, indictment, or information charging a juvenile with being a delinquent child for the commission of an act that is a violation of section 2923.42 of the Revised Code specifies the nature of the right, title, or interest of the juvenile in the property described in division (A)(1) of this section that is potentially subject to forfeiture under this section, or a description of the property of the juvenile that is potentially subject to forfeiture under this section, to the extent the right, title, or interest in the property or the property reasonably is known at the time of the filing of the complaint, indictment, or information.
(b) The property in question was not reasonably foreseen to be subject to forfeiture under this section at the time of the filing of the indictment, information, or complaint, the prosecuting attorney gave prompt notice to the alleged offender or juvenile of that property when it was discovered to be subject to forfeiture under this section, and a verdict of forfeiture described in division (B)(3) of this section requires the forfeiture of that property.
(2) The specifications described in division (B)(1) of this section shall be stated at the end of the body of the indictment, count in the indictment, information, or complaint.
(3)(a) If a person is convicted of or pleads guilty to a violation of section 2923.42 of the Revised Code or a juvenile is found to be a delinquent child for an act that is a violation of section 2923.42 of the Revised Code, then a special proceeding shall be conducted in accordance with division (B)(3) of this section to determine whether any property described in division (B)(1)(a) or (b) of this section will be the subject of an order of forfeiture under this section. Except as otherwise provided in division (B)(3)(b) of this section, the jury in the criminal action, the judge in the delinquent child action, or, if the criminal action was a nonjury action, the judge in that action shall hear and consider testimony and other evidence in the proceeding relative to whether any property described in division (B)(1)(a) or (b) of this section is subject to forfeiture under this section. If the jury or judge determines that the prosecuting attorney has established by a preponderance of the evidence that any property so described is subject to forfeiture under this section, the judge or juvenile judge shall render a verdict of forfeiture that specifically describes the right, title, or interest in property or the property that is subject to forfeiture under this section. The Rules of Evidence shall apply in the proceeding.
(b) If the trier of fact in a criminal action for a violation of section 2923.42 of the Revised Code was a jury, then, upon the filing of a motion by the person who was convicted of or pleaded guilty to the violation of section 2923.42 of the Revised Code, the determinations in the proceeding described in division (B)(3) of this section instead shall be made by the judge in the criminal action.
(4) In a criminal action for a violation of section 2923.42 of the Revised Code, if the trier of fact is a jury, the jury shall not be informed of any specification described in division (B)(1)(a) of this section or of any property described in that division or division (B)(1)(b) of this section prior to the alleged offender being convicted of or pleading guilty to the violation of section 2923.42 of the Revised Code.
(5)(a) If a verdict of forfeiture is entered pursuant to division (B)(3) of this section, then the court that imposes sentence upon a person who is convicted of or pleads guilty to a violation of section 2923.42 of the Revised Code, or the juvenile court that finds a juvenile to be a delinquent child for an act that is a violation of section 2923.42 of the Revised Code, in addition to any other sentence imposed upon the offender or order of disposition imposed upon the delinquent child, shall order that the offender or delinquent child forfeit to the state all of the offender's or delinquent child's right, title, and interest in the property described in division (A)(1) of this section. If a person is convicted of or pleads guilty to a violation of section 2923.42 of the Revised Code, or a juvenile is found by a juvenile court to be a delinquent child for an act that is a violation of section 2923.42 of the Revised Code, and derives profits or other proceeds from the offense or act, the court that imposes sentence or an order of disposition upon the offender or delinquent child, in lieu of any fine that the court is otherwise authorized or required to impose, may impose upon the offender or delinquent child a fine of not more than twice the gross profits or other proceeds so derived.
(b) Notwithstanding any contrary provision of the Revised Code, the clerk of the court shall pay all fines imposed pursuant to division (B)(5) of this section to the county, municipal corporation, township, park district created pursuant to section 511.18 or 1545.01 of the Revised Code, or state law enforcement agencies in this state that were primarily responsible for or involved in making the arrest of, and in prosecuting, the offender. However, the clerk shall not pay a fine so imposed to a law enforcement agency unless the agency has adopted a written internal control policy pursuant to division (C)(2) of section 2923.42 of the Revised Code that addresses the use of the fine moneys that it receives under division (B)(5) of this section and division (C)(1) of section 2923.42 of the Revised Code. The law enforcement agencies shall use the fines imposed and paid pursuant to division (B)(5) of this section to subsidize their efforts pertaining to criminal gangs, in accordance with the written internal control policy adopted by the recipient agency pursuant to division (C)(2) of section 2923.42 of the Revised Code.
(6) If any of the property that is described in division (A)(1) of this section and that is the subject of an order of forfeiture issued under division (B)(5) of this section, because of an act of the person who is convicted of or pleads guilty to the violation of section 2923.42 of the Revised Code that is the basis of the order of forfeiture or an act of the juvenile found by a juvenile court to be a delinquent child for an act that is a violation of section 2923.42 of the Revised Code and that is the basis of the forfeiture, cannot be located upon the exercise of due diligence, has been transferred to, sold to, or deposited with a third party, has been placed beyond the jurisdiction of the court, has been substantially diminished in value, or has been commingled with other property that cannot be divided without difficulty, the court that issues the order of forfeiture shall order the forfeiture of any other property of the offender or the delinquent child up to the value of any forfeited property described in division (B)(6) of this section.
(C) There shall be a rebuttable presumption that any right, title, or interest of a person in property described in division (A)(1) of this section is subject to forfeiture under division (B) of this section, if the state proves both of the following by a preponderance of the evidence:
(1) The right, title, or interest in the property was acquired by the offender or delinquent child during the period of the commission of the violation of section 2923.42 of the Revised Code, or within a reasonable time after that period.
(2) There is no likely source for the right, title, or interest in the property other than proceeds obtained from the commission of the violation of section 2923.42 of the Revised Code.
(D)(1) Upon the application of the prosecuting attorney who is prosecuting or has jurisdiction to prosecute the violation of section 2923.42 of the Revised Code, the court of common pleas or juvenile court of the county in which property subject to forfeiture under division (B) of this section is located, whichever is applicable, may issue a restraining order or injunction, an order requiring the execution of a satisfactory performance bond, or an order taking any other reasonable action necessary to preserve the availability of the property, at either of the following times:
(a) Upon the filing of an indictment, complaint, or information charging a person who has any right, title, or interest in the property with the commission of a violation of section 2923.42 of the Revised Code and alleging that the property with respect to which the order is sought will be subject to forfeiture under division (B) of this section if the person is convicted of or pleads guilty to the offense, or upon the filing of a complaint, indictment, or information alleging that a juvenile who has any right, title, or interest in the property is a delinquent child because of the commission of an act that is a violation of section 2923.42 of the Revised Code and alleging that the property with respect to which the order is sought will be subject to forfeiture under division (B) of this section if the juvenile is found to be a delinquent child because of the commission of that act;
(b) Except as provided in division (D)(3) of this section, prior to the filing of an indictment, complaint, or information charging a person who has any right, title, or interest in the property with the commission of a violation of section 2923.42 of the Revised Code, or prior to the filing of a complaint, indictment or information alleging that a juvenile who has any right, title, or interest in the property is a delinquent child 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 all persons known to have any right, title, or interest in the property and an opportunity to have a hearing on the order is given to those persons, the court determines both of the following:
(i) There is a substantial probability that the state will prevail on the issue of forfeiture and that failure to enter the order will result in the property subject to forfeiture being destroyed, removed from the jurisdiction of the court, or otherwise being made unavailable for forfeiture.
(ii) The need to preserve the availability of the property subject to forfeiture through the entry of the requested order outweighs the hardship on any party against whom the order is to be entered.
(2) Except as provided in division (D)(3) of this section, an order issued under division (D)(1) of this section is effective for not more than ninety days, unless extended by the court for good cause shown or unless an indictment, complaint, or information charging the commission of a violation of section 2923.42 of the Revised Code or a complaint, indictment, or information alleging that a juvenile is a delinquent child because of the commission of an act that is a violation of section 2923.42 of the Revised Code, is filed against any alleged adult offender or alleged delinquent child with any right, title, or interest in the property that is the subject of the order.
(3) A court may issue an order under division (D)(1)(b) of this section without giving notice or an opportunity for a hearing to persons known to have any right, title, or interest in property if the prosecuting attorney who is prosecuting or has jurisdiction to prosecute the violation of section 2923.42 of the Revised Code demonstrates that there is probable cause to believe that the property will be subject to forfeiture under division (B) of this section if a person with any right, title, or interest in the property is convicted of or pleads guilty to a violation of section 2923.42 of the Revised Code or a juvenile with any right, title, or interest in the property is found by a juvenile court to be a delinquent child for an act that is a violation of section 2923.42 of the Revised Code and that giving notice or an opportunity for a hearing to persons with any right, title, or interest in the property will jeopardize its availability for forfeiture. The order shall be a temporary order and shall expire not more than ten days after the date on which it is entered, unless it is extended for good cause shown or unless a person with any right, title, or interest in the property that is the subject of the order consents to an extension for a longer period. A hearing concerning an order issued under division (D)(3) of this section may be requested, and, if it is requested, the court shall hold the hearing at the earliest possible time prior to the expiration of the order.
(4) At any hearing held under division (D) of this section, the court may receive and consider evidence and information that is inadmissible under the Rules of Evidence. Each hearing held under division (D) of this section shall be recorded by shorthand, by stenotype, or by any other mechanical, electronic, or video recording device. If, as a result of a hearing under division (D) of this section, property would be seized, the recording of and any transcript of the recording of that hearing shall not be a public record for purposes of section 149.43 of the Revised Code until that property has been seized pursuant to division (D) of this section. Division (D)(4) of this section does not require, authorize, or permit the making available for inspection, or the copying, under section 149.43 of the Revised Code of any confidential law enforcement investigatory record or trial preparation record, as defined in that section.
(5) A prosecuting attorney or other law enforcement officer may request the court of common pleas of the county in which property subject to forfeiture under this section is located to issue a warrant authorizing the seizure of that property. The request shall be made in the same manner as provided for a search warrant. If the court determines that there is probable cause to believe that the property to be seized will be subject to forfeiture under this section when a person with any right, title, or interest in the property is convicted of or pleads guilty to a violation of section 2923.42 of the Revised Code or when a juvenile with any right, title, or interest in the property is found by a juvenile court to be a delinquent child for an act that is a violation of section 2923.42 of the Revised Code and if the court determines that any order issued under division (D)(1), (2), or (3) of this section may not be sufficient to ensure the availability of the property for forfeiture, the court shall issue a warrant authorizing the seizure of the property.
(E)(1) Upon the entry of an order of forfeiture under this section, the court shall order an appropriate law enforcement officer to seize all of the forfeited property upon the terms and conditions that the court determines are proper. In addition, upon the request of the prosecuting attorney who prosecuted the offense or act in violation of section 2923.42 of the Revised Code, the court shall enter any appropriate restraining orders or injunctions, require the execution of satisfactory performance bonds, appoint receivers, conservators, appraisers, accountants, or trustees, or take any other action to protect the interest of the state in the forfeited property. Any income accruing to or derived from property ordered forfeited under this section may be used to offset ordinary and necessary expenses related to the property that are required by law or that are necessary to protect the interest of the state or third parties.
After forfeited property is seized, the prosecuting attorney who prosecuted the offense or act in violation of section 2923.42 of the Revised Code shall direct its disposition in accordance with section 2923.46 of the Revised Code, making due provision for the rights of any innocent persons. Any right, title, or interest in property not exercisable by, or transferable for value to, the state shall expire and shall not revert to the offender whose conviction or plea of guilty or act as a delinquent child is the basis of the order of forfeiture. Neither the adult offender or delinquent child nor any person acting in concert with or on behalf of the adult offender or delinquent child is eligible to purchase forfeited property at any sale held pursuant to section 2923.46 of the Revised Code.
Upon the application of any person other than the adult offender or delinquent child whose right, title, or interest in the property is the subject of the order of forfeiture or any person acting in concert with or on behalf of the adult offender or delinquent child, the court may restrain or stay the sale or other disposition of the property pursuant to section 2923.46 of the Revised Code pending the conclusion of any appeal of the conviction or of the delinquent child adjudication that is the basis of the order of forfeiture, if the applicant demonstrates that proceeding with the sale or other disposition of the property will result in irreparable injury or loss to the applicant.
(2) With respect to property that is the subject of an order of forfeiture issued under this section, the court that issued the order, upon the petition of the prosecuting attorney who prosecuted the offense or act in violation of section 2923.42 of the Revised Code, may do any of the following:
(a) Grant petitions for mitigation or remission of forfeiture, restore forfeited property to victims of a violation of section 2923.42 of the Revised Code, or take any other action to protect the rights of innocent persons that is in the interest of justice and that is not inconsistent with this section;
(b) Compromise claims that arise under this section;
(c) Award compensation to persons who provide information resulting in a forfeiture under this section;
(d) Direct the disposition by the prosecuting attorney who prosecuted the offense or act in violation of section 2923.42 of the Revised Code, in accordance with section 2923.46 of the Revised Code, of all property ordered forfeited under this section, making due provision for the rights of innocent persons;
(e) Pending the disposition of any property that is the subject of an order of forfeiture under this section, take any appropriate measures that are necessary to safeguard and maintain the property.
(3) To facilitate the identification and location of property that is the subject of an order of forfeiture under this section and to facilitate the disposition of petitions for remission or mitigation issued under division (E)(2) of this section, after the issuance of an order of forfeiture under this section and upon application by the prosecuting attorney who prosecuted the offense or act in violation of section 2923.42 of the Revised Code, the court may order that the testimony of any witness relating to the forfeited property be taken by deposition, and that any designated book, paper, document, record, recording, or other material that is not privileged be produced at the same time and place as the testimony, in the same manner as provided for the taking of depositions under the Rules of Civil Procedure.
(F)(1) Except as provided in divisions (F)(2) to (5) of this section, no person claiming any right, title, or interest in property subject to forfeiture under this section or section 2923.45 of the Revised Code may intervene in a criminal trial or appeal, or a delinquent child proceeding or appeal, involving the forfeiture of the property under this section or in a civil action for a civil forfeiture under section 2923.45 of the Revised Code or may commence an action at law or equity against the state concerning the validity of the person's alleged right, title, or interest in the property subsequent to the filing of an indictment, complaint, or information alleging that the property is subject to forfeiture under this section or subsequent to the filing of a complaint, indictment, or information alleging that a juvenile who has any right, title, or interest in the property is a delinquent child because of the commission of an act that is a violation of section 2923.42 of the Revised Code and alleging that the property is subject to forfeiture under this section.
(2) After the entry of an order of forfeiture under this section, the prosecuting attorney who prosecuted the offense or act in violation of section 2923.42 of the Revised Code shall conduct or cause to be conducted a search of the appropriate public records that relate to the property and shall make or cause to be made reasonably diligent inquiries for the purpose of identifying persons who have any right, title, or interest in the property. The prosecuting attorney then shall cause a notice of the order of forfeiture, of the prosecuting attorney's intent to dispose of the property in accordance with section 2923.46 of the Revised Code, and of the manner of the proposed disposal to be given by certified mail, return receipt requested, or by personal service to each person who is known, because of the conduct of the search, the making of the inquiries, or otherwise, to have any right, title, or interest in the property. Additionally, the prosecuting attorney shall cause a similar notice to be published once a week for two consecutive weeks in a newspaper of general circulation in the county in which the property was seized.
(3)(a) Any person, other than the adult offender whose conviction or guilty plea or the delinquent child whose adjudication is the basis of the order of forfeiture, who asserts a legal right, title, or interest in the property that is the subject of the order may petition the court that issued the order, within thirty days after the earlier of the final publication of notice or the person's receipt of notice under division (F)(2) of this section, for a hearing to adjudicate the validity of the person's alleged right, title, or interest in the property. The petition shall be signed by the petitioner under the penalties for falsification as specified in section 2921.13 of the Revised Code and shall set forth the nature and extent of the petitioner's right, title, or interest in the property, the time and circumstances of the petitioner's acquisition of that right, title, or interest, any additional facts supporting the petitioner's claim, and the relief sought.
(b) In lieu of filing a petition as described in division (F)(3)(a) of this section, a secured party or other lienholder of record that asserts a legal right, title, or interest in the property that is the subject of the order, including, but not limited to, a mortgage, security interest, or other type of lien, may file an affidavit as described in division (F)(3)(b) of this section to establish the validity of the alleged right, title, or interest in the property. The secured party or lienholder shall file the affidavit within thirty days after the earlier of the final publication of notice or the receipt of notice under division (F)(2) of this section and, except as otherwise provided in this section, the affidavit shall constitute prima-facie evidence of the validity of the secured party's or other lienholder's alleged right, title, or interest in the property. Unless the prosecuting attorney files a motion challenging the affidavit within ten days after its filing and unless the prosecuting attorney establishes by a preponderance of the evidence at a subsequent hearing before the court that issued the forfeiture order, that the secured party or other lienholder does not possess the alleged right, title, or interest in the property or that the secured party or other lienholder had actual knowledge of facts pertaining to the violation that was the basis of the forfeiture order, the affidavit shall constitute conclusive evidence of the validity of the secured party's or other lienholder's right, title, or interest in the property and shall have the legal effect described in division (G)(2) of this section. To the extent practicable and consistent with the interests of justice, the court shall hold any hearing held pursuant to division (F)(3)(b) of this section within thirty days after the prosecuting attorney files the motion. At any such hearing, the prosecuting attorney and the secured party or other lienholder may present evidence and witnesses and may cross-examine witnesses.
In order to be valid for the purposes of this division and division (G)(2) of this section, the affidavit of a secured party or other lienholder shall contain averments that the secured party or other lienholder acquired its alleged right, title, or interest in the property in the regular course of its business, for a specified valuable consideration, without actual knowledge of any facts pertaining to the violation that was the basis of the forfeiture order, in good faith and without the intent to prevent or otherwise impede the state from seizing or obtaining a forfeiture of the property under sections 2923.44 to 2923.47 of the Revised Code, and prior to the seizure or forfeiture of the property under those sections.
(4) Upon receipt of a petition filed under division (F)(3) of this section, the court shall hold a hearing to determine the validity of the petitioner's right, title, or interest in the property that is the subject of the order of forfeiture. To the extent practicable and consistent with the interests of justice, the court shall hold the hearing within thirty days after the filing of the petition. The court may consolidate the hearing on the petition with a hearing on any other petition filed by a person other than the offender whose conviction or guilty plea or adjudication as a delinquent child is the basis of the order of forfeiture. At the hearing, the petitioner may testify, present evidence and witnesses on the petitioner's behalf, and cross-examine witnesses for the state. The state may present evidence and witnesses in rebuttal and in defense of its claim to the property and cross-examine witnesses for the petitioner. In addition to evidence and testimony presented at the hearing, the court shall consider the relevant portions of the record in the case that resulted in the order of forfeiture.
(5)(a) The court shall amend its order of forfeiture in accordance with its determination if it determines at the hearing that the petitioner has established either of the following by a preponderance of the evidence:
(i) The petitioner has a legal right, title, or interest in the property that renders the order of forfeiture completely or partially invalid because it was vested in the petitioner, rather than the adult offender whose conviction or guilty plea or the delinquent child whose adjudication is the basis of the order, or was superior to any right, title, or interest of that adult offender or delinquent child, at the time of the commission of the violation that is the basis of the order.
(ii) The petitioner is a bona fide purchaser for value of the right, title, or interest in the property and was at the time of the purchase reasonably without cause to believe that it was subject to forfeiture under this section.
(b) The court also shall amend its order of forfeiture to reflect any right, title, or interest of a secured party or other lienholder of record in the property subject to the order that was established pursuant to division (F)(3)(b) of this section by means of an affidavit, or that was established pursuant to that division by the failure of a prosecuting attorney to establish, in a hearing as described in that division, that the secured party or other lienholder did not possess the alleged right, title, or interest in the property or that the secured party or other lienholder had actual knowledge of facts pertaining to the violation that was the basis of the order.
(G)(1) Subject to division (G)(2) of this section, if the court has disposed of all petitions filed under division (F) of this section or if no petitions are filed under that division and the time for filing petitions under that division has expired, the state shall have clear title to all property that is the subject of an order of forfeiture issued under this section and may warrant good title to any subsequent purchaser or other transferee.
(2) If an affidavit as described in division (F)(3)(b) of this section is filed in accordance with that division, if the affidavit constitutes under the circumstances described in that division conclusive evidence of the validity of the right, title, or interest of a secured party or other lienholder of record in the property subject to a forfeiture order, and if any mortgage, security interest, or other type of lien possessed by the secured party or other lienholder in connection with the property is not satisfied prior to a sale or other disposition of the property pursuant to section 2923.46 of the Revised Code, then the right, title, or interest of the secured party or other lienholder in the property remains valid for purposes of sections 2923.44 to 2923.47 of the Revised Code and any subsequent purchaser or other transferee of the property pursuant to section 2923.46 of the Revised Code shall take the property subject to the continued validity of the right, title, or interest of the secured party or other lienholder in the property.
Sec. 2923.45. (A) The following property is subject to forfeiture to the state in a civil action as described in division (E) of this section, and no person has any right, title, or interest in the following property:
(1) Any property that constitutes, or is derived directly or indirectly from, any proceeds that a person obtained directly or indirectly from the commission of an act that, upon the filing of an indictment, complaint, or information, could be prosecuted as a violation of section 2923.42 of the Revised Code or that, upon the filing of a complaint, indictment, or information, could be the basis for finding a juvenile to be a delinquent child for committing an act that is a violation of section 2923.42 of the Revised Code;
(2) Any property that was used or intended to be used in any manner to commit, or to facilitate the commission of, an act that, upon the filing of an indictment, complaint, or information, could be prosecuted as a violation of section 2923.42 of the Revised Code or that, upon the filing of a complaint, indictment, or information, could be the basis for finding a juvenile to be a delinquent child for committing an act that is a violation of section 2923.42 of the Revised Code.
(B)(1) All right, title, and interest in property described in division (A) of this section shall vest in the state upon the commission of the act giving rise to a civil forfeiture under this section.
(2) The provisions of section 2933.43 of the Revised Code relating to the procedures for the forfeiture of contraband do not apply to a civil action to obtain a civil forfeiture under this section.
(3) Any property taken or detained pursuant to this section is not subject to replevin and is considered to be in the custody of the head of the law enforcement agency that seized the property.
This section does not preclude the head of a law enforcement agency that seizes property from seeking the forfeiture of that property pursuant to federal law. If the head of a law enforcement agency that seizes property does not seek the forfeiture of that property pursuant to federal law and if the property is subject to forfeiture under this section, the property is subject only to the orders of the court of common pleas of the county in which the property is located, and it shall be disposed of in accordance with section 2923.46 of the Revised Code.
(4) Nothing in this section precludes a financial institution that has or purports to have a security interest in or lien on property described in division (A) of this section from commencing a civil action or taking other appropriate legal action in connection with the property, prior to its disposition in accordance with section 2923.46 of the Revised Code, for the purpose of obtaining possession of the property in order to foreclose or otherwise enforce the security interest or lien. A financial institution may commence a civil action or take other appropriate legal action for that purpose prior to the disposition of the property in accordance with section 2923.46 of the Revised Code, even if a civil action to obtain a civil forfeiture has been or could be commenced under this section, even if the property is or could be the subject of an order of civil forfeiture issued under this section, and even if the property has been seized or is subject to seizure pursuant to this section.
If a financial institution commences a civil action or takes any other appropriate legal action as described in this division, if the financial institution subsequently causes the sale of the property prior to its seizure pursuant to this section and its disposition pursuant to section 2923.46 of the Revised Code, and if the person responsible for the conduct of the sale has actual knowledge of the commencement of a civil action to obtain a civil forfeiture under this section or actual knowledge of an order of civil forfeiture issued under this section, then the person responsible for the conduct of the sale shall dispose of the proceeds of the sale in the following order:
(a) First, to the payment of the costs of the sale and to the payment of the costs incurred by law enforcement agencies and financial institutions in connection with the seizure of, storage of, maintenance of, and provision of security for the property. As used in this division, "costs" of a financial institution do not include attorney's fees incurred by that institution in connection with the property.
(b) Second, the remaining proceeds of the sale after compliance with division (B)(4)(a) of this section, to the payment in the order of priority of the security interests and liens of valid security interests and liens pertaining to the property that, at the time of the vesting in the state under division (B)(1) of this section of the right, title, or interest of the adult or juvenile, are held by known secured parties and lienholders;
(c) Third, the remaining proceeds of the sale after compliance with division (B)(4)(b) of this section, to the court that has or would have jurisdiction in a civil action to obtain a civil forfeiture under this section, for disposition in accordance with section 2923.46 of the Revised Code.
(C)(1) A law enforcement officer may seize any property that is subject to civil forfeiture under this section upon process, or a warrant as described in division (C)(2) of this section, issued by a court of common pleas that has jurisdiction over the property. Additionally, a law enforcement officer may seize the property, without process or a warrant being so issued, when any of the following applies:
(a) The seizure is incident to an arrest, a search under a search warrant, a lawful search without a search warrant, or an inspection under an administrative inspection warrant.
(b) The property is the subject of a prior judgment in favor of the state in a restraining order, injunction, or other preservation order proceeding under section 2923.44 of the Revised Code, or is the subject of a forfeiture order issued pursuant to that section.
(c) The law enforcement officer has probable cause to believe that the property is directly or indirectly dangerous to the public health or safety.
(d) The initial intrusion by the law enforcement officer afforded the officer with plain view of personal property that is subject to civil forfeiture in a civil action under this section, the initial intrusion by the law enforcement officer was lawful, the discovery of the personal property by the law enforcement officer was inadvertent, and the incriminating nature of the personal property was immediately apparent to the law enforcement officer.
(2) For purposes of division (C)(1) of this section, the state may request a court of common pleas to issue a warrant that authorizes the seizure of property that is subject to civil forfeiture under this section, in the same manner as provided in Criminal Rule 41 and Chapter 2933. of the Revised Code for the issuance of a search warrant. For purposes of division (C)(1) of this section, any proceeding before a court of common pleas that involves a request for the issuance of process, or a warrant as described in this division, authorizing the seizure of any property that is subject to civil forfeiture under this section shall be recorded by shorthand, by stenotype, or by any other mechanical, electronic, or video recording device. The recording of and any transcript of the recording of such a proceeding shall not be a public record for purposes of section 149.43 of the Revised Code until the property has been seized pursuant to the process or warrant. This division does not require, authorize, or permit the making available for inspection, or the copying, under section 149.43 of the Revised Code of any confidential law enforcement investigatory record or trial preparation record, as defined in that section.
(3) If property is seized pursuant to division (C)(1) of this section and if a civil action to obtain a civil forfeiture under this section, a criminal action that could result in a criminal forfeiture under section 2923.44 of the Revised Code, or a delinquent child proceeding that could result in a criminal forfeiture under that section is not pending at the time of the seizure or previously did not occur in connection with the property, then the prosecuting attorney of the county in which the seizure occurred promptly shall commence a civil action to obtain a civil forfeiture under this section in connection with the property, unless an indictment, complaint, or information alleging the commission of a violation of section 2923.42 of the Revised Code or a complaint, or indictment, or information alleging that a juvenile is a delinquent child because of the 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 action. Nothing in division (C)(3) of this section precludes the filing of an indictment, complaint, or information alleging the commission of a violation of section 2923.42 of the Revised Code or the filing of a complaint, indictment, or information alleging that a juvenile is a delinquent child because of the commission of an act that is a violation of section 2923.42 of the Revised Code, after the commencement of a civil action to obtain a civil forfeiture under this section.
(D)(1) The filing of an indictment, complaint, or information alleging the commission of a violation of section 2923.42 of the Revised Code that also is the basis of a civil action for a civil forfeiture under this section, or the filing of a complaint, indictment, or information alleging that a juvenile is a delinquent child because of the commission of an act that is a violation of section 2923.42 of the Revised Code, and that also is the basis of a civil action for a civil forfeiture under this section, upon the motion of the prosecuting attorney of the county in which the indictment, complaint, or information or the complaint, indictment, or information in the delinquent child proceeding is filed, shall stay the civil action.
(2) A civil action to obtain a civil forfeiture under this section may be commenced as described in division (E) of this section whether or not the adult or juvenile who committed a violation of section 2923.42 of the Revised Code or an act that is a violation of section 2923.42 of the Revised Code has been charged by an indictment, complaint, or information with the commission of a violation of that section, has pleaded guilty to or been found guilty of a violation of that section, has been determined to be a delinquent child for the commission of a violation of that section, has been found not guilty of committing a violation of that section, or has not been determined to be a delinquent child for the alleged commission of a violation of that section.
(E)(1) The prosecuting attorney of the county in which property described in division (A) of this section is located may commence a civil action to obtain a civil forfeiture under this section by filing in the court of common pleas of that county a complaint that requests the issuance of an order of civil forfeiture of the property to the state. Notices of the action shall be served and published in accordance with division (E)(2) of this section.
(2) Prior to or simultaneously with the commencement of the civil action as described in division (E)(1) of this section, the prosecuting attorney shall conduct or cause to be conducted a search of the appropriate public records that relate to the property subject to civil forfeiture, and shall make or cause to be made reasonably diligent inquiries, for the purpose of identifying persons who have any right, title, or interest in the property. The prosecuting attorney then shall cause a notice of the commencement of the civil action, together with a copy of the complaint filed in it, to be given to each person who is known, because of the conduct of the search, the making of the inquiries, or otherwise, to have any right, title, or interest in the property, by certified mail, return receipt requested, or by personal service. Additionally, the prosecuting attorney shall cause a similar notice to be published once a week for two consecutive weeks in a newspaper of general circulation in the county in which the property is located.
(3) The procedures specified in divisions (F)(3) to (5) of section 2923.44 of the Revised Code apply to persons claiming any right, title, or interest in property subject to civil forfeiture under this section. The references in those divisions to the adult offender whose conviction or guilty plea, or the delinquent child whose adjudication, is the basis of an order of criminal forfeiture shall be construed for purposes of this section to mean the adult or juvenile who committed the act that could be the basis of an order of civil forfeiture under this section, and the references in those divisions to an issued order of criminal forfeiture shall be inapplicable.
(4) A hearing shall be held in the civil action described in division (E)(1) of this section at least thirty days after the final publication of notice as required by division (E)(2) of this section and after the date of completion of the service of notice by personal service or certified mail, return receipt requested, as required by that division. Following the hearing, the court shall issue the requested order of civil forfeiture if the court determines that the prosecuting attorney has proven by clear and convincing evidence that the property in question is property as described in division (A)(1) or (2) of this section and if the court has disposed of all petitions filed under division (E)(3) of this section or no petitions have been so filed and the time for filing them has expired. An order of civil forfeiture so issued shall state that all right, title, and interest in the property in question of the adult or juvenile who committed the act that is the basis of the order is forfeited to the state and shall make due provision for the right, title, or interest in that property of any other person in accordance with any determinations made by the court under division (E)(3) of this section and in accordance with divisions (F)(5)(b) and (G)(2) of section 2923.44 of the Revised Code.
(5) Subject to division (G)(2) of section 2923.44 of the Revised Code, if a court of common pleas enters an order of civil forfeiture in accordance with division (E) of this section, the state shall have clear title to the property that is the subject of the order and may warrant good title to any subsequent purchaser or other transferee.
Sec. 2925.42. (A)(1) In accordance with division (B) of this section, a person who is convicted of or pleads guilty to a felony drug abuse offense, and any juvenile who is found by a juvenile court to be a delinquent child for an act that, if committed by an adult, would be a felony drug abuse offense, loses any right to the possession of property and forfeits to the state any right, title, and interest the person may have in that property if either of the following applies:
(a) The property constitutes, or is derived directly or indirectly from, any proceeds that the person obtained directly or indirectly from the commission of the felony drug abuse offense or act.
(b) The property was used or intended to be used in any manner to commit, or to facilitate the commission of, the felony drug abuse offense or act.
(2) All right, title, and interest of a person in property described in division (A)(1) of this section vests in the state upon the person's commission of the felony drug abuse offense of which the person is convicted or to which the person pleads guilty and that is the basis of the forfeiture, or upon the juvenile's commission of the act that, if committed by an adult, would be a felony drug abuse offense, that is the basis of the juvenile being found to be a delinquent child, and that is the basis of the forfeiture. Subject to divisions (F)(3)(b) and (5)(b) and (G)(2) of this section, if any right, title, or interest in property is vested in this state under this division and subsequently is transferred to a person other than the offender who forfeits the right, title, or interest under division (A)(1) of this section, then, in accordance with division (B) of this section, the right, title, or interest in the property may be the subject of a special verdict of forfeiture and, after any special verdict of forfeiture, shall be ordered forfeited to this state, unless the transferee establishes in a hearing held pursuant to division (F) of this section that the transferee is a bona fide purchaser for value of the right, title, or interest in the property and that, at the time of its purchase, the transferee was reasonably without cause to believe that it was subject to forfeiture under this section.
(3) The provisions of section 2925.43 of the Revised Code that relate to the forfeiture of any right, title, or interest in property associated with a felony drug abuse offense pursuant to a civil action to obtain a civil forfeiture do not apply to the forfeiture of any right, title, or interest in property described in division (A)(1) of this section that occurs pursuant to division (B) of this section upon a person's conviction of or guilty plea to a felony drug abuse offense or upon a juvenile being found by a juvenile court to be a delinquent child for an act that, if committed by an adult, would be a felony drug abuse offense.
(4) Nothing in this section precludes a financial institution that has or purports to have a security interest in or lien on property described in division (A)(1) of this section from commencing a civil action or taking other appropriate legal action in connection with the property, prior to its disposition in accordance with section 2925.44 of the Revised Code, for the purpose of obtaining possession of the property in order to foreclose or otherwise enforce the security interest or lien. A financial institution may commence a civil action or take other appropriate legal action for that purpose prior to the disposition of the property in accordance with section 2925.44 of the Revised Code, even if a felony drug abuse offense prosecution or a delinquent child proceeding for an act that, if committed by an adult, would be a felony drug abuse offense has been or could be commenced, even if the property is or could be the subject of an order of forfeiture issued under division (B)(5) of this section, and even if the property has been seized or is subject to seizure pursuant to division (D) or (E) of this section.
If a financial institution commences a civil action or takes any other appropriate legal action as described in this division, if the financial institution subsequently causes the sale of the property prior to its seizure pursuant to division (D) or (E) of this section and its disposition pursuant to section 2925.44 of the Revised Code, and if the person responsible for the conduct of the sale has actual knowledge of the commencement of a felony drug abuse offense prosecution or of a delinquent child proceeding for an act that, if committed by an adult, would be a felony drug abuse offense, actual knowledge of a pending forfeiture proceeding under division (B) of this section, or actual knowledge of an order of forfeiture issued under division (B)(5) of this section, then the person responsible for the conduct of the sale shall dispose of the proceeds of the sale in the following order:
(a) First, to the payment of the costs of the sale and to the payment of the costs incurred by law enforcement agencies and financial institutions in connection with the seizure of, storage of, maintenance of, and provision of security for the property. As used in this division, "costs" of a financial institution do not include attorney's fees incurred by that institution in connection with the property.
(b) Second, the remaining proceeds of the sale after compliance with division (A)(4)(a) of this section, to the payment of valid security interests and liens pertaining to the property that, at the time of the vesting of the right, title, or interest of the adult or juvenile in the state under division (A)(2) of this section, are held by known secured parties and lienholders, in the order of priority of those security interests and liens;
(c) Third, the remaining proceeds of the sale after compliance with division (A)(4)(b) of this section, to the court that has or would have jurisdiction in a felony drug abuse offense prosecution or a delinquent child proceeding for an act that, if committed by an adult, would be a felony drug abuse offense, for disposition in accordance with section 2925.44 of the Revised Code.
(B)(1) A criminal forfeiture of any right, title, or interest in property described in division (A)(1) of this section is precluded unless one of the following applies:
(a) The indictment, count in the indictment, or information charging the felony drug abuse offense specifies the nature of the right, title, or interest of the alleged offender in the property described in division (A)(1) of this section that is potentially subject to forfeiture under this section, or a description of the property of the alleged offender that is potentially subject to forfeiture under this section, to the extent the right, title, or interest in the property or the property reasonably is known at the time of the filing of the indictment or information; or the complaint, indictment, or information charging a juvenile with being a delinquent child for the commission of an act that, if committed by an adult, would be a felony drug abuse offense specifies the nature of the right, title, or interest of the juvenile in the property described in division (A)(1) of this section that is potentially subject to forfeiture under this section, or a description of the property of the juvenile that is potentially subject to forfeiture under this section, to the extent the right, title, or interest in the property or the property reasonably is known at the time of the filing of the complaint, indictment, or information.
(b) The property in question was not reasonably foreseen to be subject to forfeiture under this section at the time of the filing of the indictment, information, or complaint, the prosecuting attorney gave prompt notice to the alleged offender or juvenile of that property when it was discovered to be subject to forfeiture under this section, and a verdict of forfeiture described in division (B)(3) of this section requires the forfeiture of that property.
(2) The specifications described in division (B)(1) of this section shall be stated at the end of the body of the indictment, count in the indictment, information, or complaint.
(3)(a) If a person is convicted of or pleads guilty to a felony drug abuse offense, or a juvenile is found to be a delinquent child for an act that, if committed by an adult, would be a felony drug abuse offense, then a special proceeding shall be conducted in accordance with this division to determine whether any property described in division (B)(1)(a) or (b) of this section will be the subject of an order of forfeiture under this section. Except as otherwise provided in division (B)(3)(b) of this section, the jury in the felony drug abuse offense criminal action or in the delinquent child action or, if that action was a nonjury action, the judge in that action shall hear and consider testimony and other evidence in the proceeding relative to whether any property described in division (B)(1)(a) or (b) of this section is subject to forfeiture under this section. If the jury or judge determines that the prosecuting attorney has established, by a preponderance of the evidence, that any property so described is subject to forfeiture under this section, the judge or juvenile judge shall render a verdict of forfeiture that specifically describes the right, title, or interest in property or the property that is subject to forfeiture under this section. The Rules of Evidence shall apply in the proceeding.
(b) If the trier of fact in a felony drug abuse offense criminal action or in a delinquent child action was a jury, then, upon the filing of a motion by the person who was convicted of or pleaded guilty to the felony drug abuse offense or upon the filing of a motion by the juvenile who was found to be a delinquent child for an act that, if committed by an adult, would be a felony drug abuse offense, the determinations in the proceeding described in this division instead shall be made by the judge in the felony drug abuse offense criminal action or the juvenile judge.
(4) In a felony drug abuse offense criminal action or in a delinquent child action, if the trier of fact is a jury, the jury shall not be informed of any specification described in division (B)(1)(a) of this section or of any property described in that division or division (B)(1)(b) of this section prior to the alleged offender being convicted of or pleading guilty to the felony drug abuse offense or prior to the juvenile being found to be a delinquent child for the commission of an act that, if committed by an adult, would be a felony drug abuse offense.
(5)(a) If a verdict of forfeiture is entered pursuant to division (B)(3) of this section, then the court that imposes sentence upon a person who is convicted of or pleads guilty to a felony drug abuse offense, or the juvenile court that finds a juvenile to be a delinquent child for an act that, if committed by an adult, would be a felony drug abuse offense, in addition to any other sentence imposed upon the offender or order of disposition imposed upon the delinquent child, shall order that the offender or delinquent child forfeit to the state all of the offender's or delinquent child's right, title, and interest in the property described in division (A)(1) of this section. If a person is convicted of or pleads guilty to a felony drug abuse offense, or a juvenile is found by a juvenile court to be a delinquent child for an act that, if committed by an adult, would be a felony drug abuse offense, and derives profits or other proceeds from the offense or act, the court that imposes sentence or an order of disposition upon the offender or delinquent child, in lieu of any fine that the court is otherwise authorized or required to impose, may impose upon the offender or delinquent child a fine of not more than twice the gross profits or other proceeds so derived.
(b) Notwithstanding any contrary provision of section 3719.21 of the Revised Code, all fines imposed pursuant to this division shall be paid by the clerk of the court to the county, municipal corporation, township, park district, as created pursuant to section 511.18 or 1545.01 of the Revised Code, or state law enforcement agencies in this state that were primarily responsible for or involved in making the arrest of, and in prosecuting, the offender. However, no fine so imposed shall be paid to a law enforcement agency unless the agency has adopted a written internal control policy under division (F)(2) of section 2925.03 of the Revised Code that addresses the use of the fine moneys that it receives under this division and division (F)(1) of section 2925.03 of the Revised Code. The fines imposed and paid pursuant to this division shall be used by the law enforcement agencies to subsidize their efforts pertaining to drug offenses, in accordance with the written internal control policy adopted by the recipient agency under division (F)(2) of section 2925.03 of the Revised Code.
(c) As used in division (B)(5) of this section:
(i) "Law enforcement agencies" includes, but is not limited to, the state board of pharmacy and the office of a prosecutor.
(ii) "Prosecutor" has the same meaning as in section 2935.01 of the Revised Code.
(6) If any of the property that is described in division (A)(1) of this section and that is the subject of an order of forfeiture issued under division (B)(5) of this section, because of an act or omission of the person who is convicted of or pleads guilty to the felony drug abuse offense that is the basis of the order of forfeiture, or an act or omission of the juvenile found by a juvenile court to be a delinquent child for an act that, if committed by an adult, would be a felony drug abuse offense and that is the basis of the forfeiture, cannot be located upon the exercise of due diligence, has been transferred to, sold to, or deposited with a third party, has been placed beyond the jurisdiction of the court, has been substantially diminished in value, or has been commingled with other property that cannot be divided without difficulty, the court that issues the order of forfeiture shall order the forfeiture of any other property of the offender up to the value of any forfeited property described in this division.
(C) There shall be a rebuttable presumption that any right, title, or interest of a person in property described in division (A)(1) of this section is subject to forfeiture under division (B) of this section, if the state proves both of the following by a preponderance of the evidence:
(1) The right, title, or interest in the property was acquired by the offender during the period of the commission of the felony drug abuse offense or act that, if committed by an adult, would be a felony drug abuse offense, or within a reasonable time after that period.
(2) There is no likely source for the right, title, or interest in the property other than proceeds obtained from the commission of the felony drug abuse offense or act.
(D)(1) Upon the application of the prosecuting attorney who is prosecuting or has jurisdiction to prosecute the felony drug abuse offense or act, the court of common pleas or juvenile court of the county in which property subject to forfeiture under division (B) of this section is located, whichever is applicable, may issue a restraining order or injunction, an order requiring the execution of a satisfactory performance bond, or an order taking any other reasonable action necessary to preserve the availability of the property, at either of the following times:
(a) Upon the filing of an indictment, complaint, or information charging a person who has any right, title, or interest in the property with the commission of a felony drug abuse offense and alleging that the property with respect to which the order is sought will be subject to forfeiture under division (B) of this section if the person is convicted of or pleads guilty to the offense, or upon the filing of a complaint, indictment, or information alleging that a juvenile who has any right, title, or interest in the property is a delinquent child because of the commission of an act that, if committed by an adult, would be a felony drug abuse offense and alleging that the property with respect to which the order is sought will be subject to forfeiture under division (B) of this section if the juvenile is found to be a delinquent child because of the commission of that act;
(b) Except as provided in division (D)(3) of this section, prior to the filing of an indictment, complaint, or information charging a person who has any right, title, or interest in the property with the commission of a felony drug abuse offense, or prior to the filing of a complaint, indictment, or information alleging that a juvenile who has any right, title, or interest in the property is a delinquent child because of the commission of an act that, if committed by an adult, would be a felony drug abuse offense, if, after notice is given to all persons known to have any right, title, or interest in the property and an opportunity to have a hearing on the order is given to those persons, the court determines both of the following:
(i) There is a substantial probability that the state will prevail on the issue of forfeiture and that failure to enter the order will result in the property subject to forfeiture being destroyed, removed from the jurisdiction of the court, or otherwise being made unavailable for forfeiture.
(ii) The need to preserve the availability of the property subject to forfeiture through the entry of the requested order outweighs the hardship on any party against whom the order is to be entered.
(2) Except as provided in division (D)(3) of this section, an order issued under division (D)(1) of this section is effective for not more than ninety days, unless extended by the court for good cause shown or unless an indictment, complaint, or information charging the commission of a felony drug abuse offense or a complaint, indictment, or information alleging that a juvenile is a delinquent child because of the commission of an act that, if committed by an adult, would be a felony drug abuse offense, is filed against any alleged adult offender or alleged delinquent child with any right, title, or interest in the property that is the subject of the order.
(3) A court may issue an order under division (D)(1)(b) of this section without giving notice or an opportunity for a hearing to persons known to have any right, title, or interest in property, if the prosecuting attorney who is prosecuting or has jurisdiction to prosecute the felony drug abuse offense or act demonstrates that there is probable cause to believe that the property will be subject to forfeiture under division (B) of this section if a person with any right, title, or interest in the property is convicted of or pleads guilty to a felony drug abuse offense or a juvenile with any right, title, or interest in the property is found by a juvenile court to be a delinquent child for an act that, if committed by an adult, would be a felony drug abuse offense, and that giving notice or an opportunity for a hearing to persons with any right, title, or interest in the property will jeopardize its availability for forfeiture. The order shall be a temporary order and expire not more than ten days after the date on which it is entered, unless it is extended for good cause shown or unless a person with any right, title, or interest in the property that is the subject of the order consents to an extension for a longer period. A hearing concerning an order issued under this division may be requested, and, if it is requested, the court shall hold the hearing at the earliest possible time prior to the expiration of the order.
(4) At any hearing held under division (D) of this section, the court may receive and consider evidence and information that is inadmissible under the Rules of Evidence. However, each hearing held under division (D) of this section shall be recorded by shorthand, by stenotype, or by any other mechanical, electronic, or video recording device. If, as a result of a hearing under division (D) of this section, property would be seized, the recording of and any transcript of the recording of that hearing shall not be a public record for purposes of section 149.43 of the Revised Code until that property has been seized pursuant to division (D) of this section. Division (D)(4) of this section shall not be construed as requiring, authorizing, or permitting, and does not require, authorize, or permit, the making available for inspection, or the copying, under section 149.43 of the Revised Code of any confidential law enforcement investigatory record or trial preparation record, as defined in that section.
(5) A prosecuting attorney or other law enforcement officer may request the court of common pleas of the county in which property subject to forfeiture under this section is located to issue a warrant authorizing the seizure of that property. The request shall be made in the same manner as provided for a search warrant. If the court determines that there is probable cause to believe that the property to be seized will be subject to forfeiture under this section when a person with any right, title, or interest in the property is convicted of or pleads guilty to a felony drug abuse offense or when a juvenile with any right, title, or interest in the property is found by a juvenile court to be a delinquent child for an act that, if committed by an adult, would be a felony drug abuse offense, and if the court determines that any order issued under division (D)(1), (2), or (3) of this section may not be sufficient to ensure the availability of the property for forfeiture, the court shall issue a warrant authorizing the seizure of the property.
(E)(1) Upon the entry of an order of forfeiture under this section, the court shall order an appropriate law enforcement officer to seize all of the forfeited property upon the terms and conditions that the court determines are proper. In addition, upon the request of the prosecuting attorney who prosecuted the felony drug abuse offense or act, the court shall enter any appropriate restraining orders or injunctions, require the execution of satisfactory performance bonds, appoint receivers, conservators, appraisers, accountants, or trustees, or take any other action to protect the interest of the state in the forfeited property. Any income accruing to or derived from property ordered forfeited under this section may be used to offset ordinary and necessary expenses related to the property that are required by law or that are necessary to protect the interest of the state or third parties.
After forfeited property is seized, the prosecuting attorney who prosecuted the felony drug abuse offense or act shall direct its disposition in accordance with section 2925.44 of the Revised Code, making due provision for the rights of any innocent persons. Any right, title, or interest in property not exercisable by, or transferable for value to, the state shall expire and shall not revert to the offender whose conviction or plea of guilty or act as a delinquent child is the basis of the order of forfeiture. Neither the adult offender or delinquent child nor any person acting in concert with or on behalf of the adult offender or delinquent child is eligible to purchase forfeited property at any sale held pursuant to section 2925.44 of the Revised Code.
Upon the application of any person other than the adult offender or delinquent child whose right, title, or interest in the property is the subject of the order of forfeiture or any person acting in concert with or on behalf of the adult offender or delinquent child, the court may restrain or stay the sale or other disposition of the property pursuant to section 2925.44 of the Revised Code pending the conclusion of any appeal of the felony drug abuse offense conviction or of the delinquent child adjudication that is the basis of the order of forfeiture, if the applicant demonstrates that proceeding with the sale or other disposition of the property will result in irreparable injury or loss to the applicant.
(2) With respect to property that is the subject of an order of forfeiture issued under this section, the court that issued the order, upon the petition of the prosecuting attorney who prosecuted the felony drug abuse offense or act, may do any of the following:
(a) Grant petitions for mitigation or remission of forfeiture, restore forfeited property to victims of a felony drug abuse offense, or take any other action to protect the rights of innocent persons that is in the interest of justice and that is not inconsistent with this section;
(b) Compromise claims that arise under this section;
(c) Award compensation to persons who provide information resulting in a forfeiture under this section;
(d) Direct the disposition by the prosecuting attorney who prosecuted the felony drug abuse offense or act, in accordance with section 2925.44 of the Revised Code, of all property ordered forfeited under this section, making due provision for the rights of innocent persons;
(e) Pending the disposition of any property that is the subject of an order of forfeiture under this section, take any appropriate measures that are necessary to safeguard and maintain the property.
(3) To facilitate the identification and location of property that is the subject of an order of forfeiture under this section and to facilitate the disposition of petitions for remission or mitigation issued under division (E)(2) of this section, after the issuance of an order of forfeiture under this section and upon application by the prosecuting attorney who prosecuted the felony drug abuse offense or act, the court may order that the testimony of any witness relating to the forfeited property be taken by deposition, and that any designated book, paper, document, record, recording, or other material that is not privileged be produced at the same time and place as the testimony, in the same manner as provided for the taking of depositions under the Rules of Civil Procedure.
(F)(1) Except as provided in divisions (F)(2) to (5) of this section, no person claiming any right, title, or interest in property subject to forfeiture under this section or section 2925.43 of the Revised Code may intervene in a criminal trial or appeal, or a delinquent child proceeding or appeal, involving the forfeiture of the property under this section or in a civil action for a civil forfeiture under section 2925.43 of the Revised Code, or may commence an action at law or equity against the state concerning the validity of the person's alleged right, title, or interest in the property subsequent to the filing of an indictment, complaint, or information alleging that the property is subject to forfeiture under this section or subsequent to the filing of a complaint, indictment, or information alleging that a juvenile who has any right, title, or interest in the property is a delinquent child because of the commission of an act that, if committed by an adult, would be a felony drug abuse offense and alleging that the property is subject to forfeiture under this section.
(2) After the entry of an order of forfeiture under this section, the prosecuting attorney who prosecuted the felony drug abuse offense or act shall conduct or cause to be conducted a search of the appropriate public records that relate to the property, and make or cause to be made reasonably diligent inquiries, for the purpose of identifying persons who have any right, title, or interest in the property. The prosecuting attorney then shall cause a notice of the order of forfeiture, of the prosecuting attorney's intent to dispose of the property in accordance with section 2925.44 of the Revised Code, and of the manner of the proposed disposal, to be given to each person who is known, because of the conduct of the search, the making of the inquiries, or otherwise, to have any right, title, or interest in the property, by certified mail, return receipt requested, or by personal service. Additionally, the prosecuting attorney shall cause a similar notice to be published once a week for two consecutive weeks in a newspaper of general circulation in the county in which the property was seized.
(3)(a) Any person, other than the adult offender whose conviction or guilty plea or the delinquent child whose adjudication is the basis of the order of forfeiture, who asserts a legal right, title, or interest in the property that is the subject of the order may petition the court that issued the order, within thirty days after the earlier of the final publication of notice or the person's receipt of notice under division (F)(2) of this section, for a hearing to adjudicate the validity of the person's alleged right, title, or interest in the property. The petition shall be signed by the petitioner under the penalties for falsification as specified in section 2921.13 of the Revised Code and shall set forth the nature and extent of the petitioner's right, title, or interest in the property, the time and circumstances of the petitioner's acquisition of that right, title, or interest, any additional facts supporting the petitioner's claim, and the relief sought.
(b) In lieu of filing a petition as described in division (F)(3)(a) of this section, a secured party or other lienholder of record that asserts a legal right, title, or interest in the property that is the subject of the order, including, but not limited to, a mortgage, security interest, or other type of lien, may file an affidavit as described in this division to establish the validity of the alleged right, title, or interest in the property. The affidavit shall be filed within thirty days after the earlier of the final publication of notice or the receipt of notice under division (F)(2) of this section and, except as otherwise provided in this section, shall constitute prima-facie evidence of the validity of the secured party's or other lienholder's alleged right, title, or interest in the property. Unless the prosecuting attorney files a motion challenging the affidavit within ten days after its filing and unless the prosecuting attorney establishes, by a preponderance of the evidence, at a subsequent hearing before the court that issued the forfeiture order, that the secured party or other lienholder does not possess the alleged right, title, or interest in the property or that the secured party or other lienholder had actual knowledge of facts pertaining to the felony drug abuse offense or act that was the basis of the forfeiture order, the affidavit shall constitute conclusive evidence of the validity of the secured party's or other lienholder's right, title, or interest in the property and shall have the legal effect described in division (G)(2) of this section. To the extent practicable and consistent with the interests of justice, any such hearing shall be held within thirty days after the prosecuting attorney files the motion. At any such hearing, the prosecuting attorney and the secured party or other lienholder may present evidence and witnesses and cross-examine witnesses.
In order to be valid for the purposes of this division and division (G)(2) of this section, the affidavit of a secured party or other lienholder shall contain averments that the secured party or other lienholder acquired its alleged right, title, or interest in the property in the regular course of its business, for a specified valuable consideration, without actual knowledge of any facts pertaining to the felony drug abuse offense or act that was the basis of the forfeiture order, in good faith and without the intent to prevent or otherwise impede the state from seizing or obtaining a forfeiture of the property under sections 2925.41 to 2925.45 of the Revised Code, and prior to the seizure or forfeiture of the property under those sections.
(4) Upon receipt of a petition filed under division (F)(3) of this section, the court shall hold a hearing to determine the validity of the petitioner's right, title, or interest in the property that is the subject of the order of forfeiture. To the extent practicable and consistent with the interests of justice, the hearing shall be held within thirty days after the filing of the petition. The court may consolidate the hearing on the petition with a hearing on any other petition filed by a person other than the offender whose conviction or guilty plea or adjudication as a delinquent child is the basis of the order of forfeiture. At the hearing, the petitioner may testify, present evidence and witnesses on the petitioner's behalf, and cross-examine witnesses for the state. The state may present evidence and witnesses in rebuttal and in defense of its claim to the property and cross-examine witnesses for the petitioner. In addition to evidence and testimony presented at the hearing, the court shall consider the relevant portions of the record in the felony drug abuse offense or delinquent child case that resulted in the order of forfeiture.
(5)(a) The court shall amend its order of forfeiture in accordance with its determination if it determines, at the hearing, that the petitioner has established either of the following by a preponderance of the evidence:
(i) The petitioner has a legal right, title, or interest in the property that renders the order of forfeiture completely or partially invalid because it was vested in the petitioner, rather than the adult offender whose conviction or guilty plea or the delinquent child whose adjudication is the basis of the order, or was superior to any right, title, or interest of that offender, at the time of the commission of the felony drug abuse offense or act that is the basis of the order.
(ii) The petitioner is a bona fide purchaser for value of the right, title, or interest in the property and was at the time of the purchase reasonably without cause to believe that it was subject to forfeiture under this section.
(b) The court also shall amend its order of forfeiture to reflect any right, title, or interest of a secured party or other lienholder of record in the property subject to the order that was established pursuant to division (F)(3)(b) of this section by means of an affidavit, or that was established pursuant to that division by the failure of a prosecuting attorney to establish, in a hearing as described in that division, that the secured party or other lienholder did not possess the alleged right, title, or interest in the property or that the secured party or other lienholder had actual knowledge of facts pertaining to the felony drug abuse offense or act that was the basis of the order.
(G)(1) Subject to division (G)(2) of this section, if the court has disposed of all petitions filed under division (F) of this section or if no petitions are filed under that division and the time for filing petitions under that division has expired, the state shall have clear title to all property that is the subject of an order of forfeiture issued under this section and may warrant good title to any subsequent purchaser or other transferee.
(2) If an affidavit as described in division (F)(3)(b) of this section is filed in accordance with that division, if the affidavit constitutes, under the circumstances described in that division, conclusive evidence of the validity of the right, title, or interest of a secured party or other lienholder of record in the property subject to a forfeiture order, and if any mortgage, security interest, or other type of lien possessed by the secured party or other lienholder in connection with the property is not satisfied prior to a sale or other disposition of the property pursuant to section 2925.44 of the Revised Code, then the right, title, or interest of the secured party or other lienholder in the property remains valid for purposes of sections 2925.41 to 2925.45 of the Revised Code and any subsequent purchaser or other transferee of the property pursuant to section 2925.44 of the Revised Code shall take the property subject to the continued validity of the right, title, or interest of the secured party or other lienholder in the property.
Sec. 2925.43. (A) The following property is subject to forfeiture to the state in a civil action as described in division (E) of this section, and no person has any right, title, or interest in the following property:
(1) Any property that constitutes, or is derived directly or indirectly from, any proceeds that a person obtained directly or indirectly from the commission of an act that, upon the filing of an indictment, complaint, or information, could be prosecuted as a felony drug abuse offense or that, upon the filing of a complaint, indictment, or information, could be the basis for finding a juvenile to be a delinquent child for committing an act that, if committed by an adult, would be a felony drug abuse offense;
(2) Any property that was used or intended to be used in any manner to commit, or to facilitate the commission of, an act that, upon the filing of an indictment, complaint, or information, could be prosecuted as a felony drug abuse offense or that, upon the filing of a complaint, indictment, or information, could be the basis for finding a juvenile to be a delinquent child for committing an act that, if committed by an adult, would be a felony drug abuse offense.
(B)(1) All right, title, and interest in property described in division (A) of this section shall vest in the state upon the commission of the act giving rise to a civil forfeiture under this section.
(2) The provisions of section 2933.43 of the Revised Code relating to the procedures for the forfeiture of contraband do not apply to a civil action to obtain a civil forfeiture under this section.
(3) Any property taken or detained pursuant to this section is not subject to replevin and is deemed to be in the custody of the head of the law enforcement agency that seized the property.
This section does not preclude the head of a law enforcement agency that seizes property from seeking the forfeiture of that property pursuant to federal law. However, if the head of a law enforcement agency that seizes property does not seek the forfeiture of that property pursuant to federal law and if the property is subject to forfeiture under this section, the property is subject only to the orders of the court of common pleas of the county in which the property is located, and it shall be disposed of in accordance with section 2925.44 of the Revised Code.
(4) Nothing in this section precludes a financial institution that has or purports to have a security interest in or lien on property described in division (A) of this section from commencing a civil action or taking other appropriate legal action in connection with the property, prior to its disposition in accordance with section 2925.44 of the Revised Code, for the purpose of obtaining possession of the property in order to foreclose or otherwise enforce the security interest or lien. A financial institution may commence a civil action or take other appropriate legal action for that purpose prior to the disposition of the property in accordance with section 2925.44 of the Revised Code, even if a civil action to obtain a civil forfeiture has been or could be commenced under this section, even if the property is or could be the subject of an order of civil forfeiture issued under this section, and even if the property has been seized or is subject to seizure pursuant to this section.
If a financial institution commences a civil action or takes any other appropriate legal action as described in this division, if the financial institution subsequently causes the sale of the property prior to its seizure pursuant to this section and its disposition pursuant to section 2925.44 of the Revised Code, and if the person responsible for the conduct of the sale has actual knowledge of the commencement of a civil action to obtain a civil forfeiture under this section or actual knowledge of an order of civil forfeiture issued under this section, then the person responsible for the conduct of the sale shall dispose of the proceeds of the sale in the following order:
(a) First, to the payment of the costs of the sale and to the payment of the costs incurred by law enforcement agencies and financial institutions in connection with the seizure of, storage of, maintenance of, and provision of security for the property. As used in this division, "costs" of a financial institution do not include attorney's fees incurred by that institution in connection with the property;
(b) Second, the remaining proceeds of the sale after compliance with division (B)(4)(a) of this section, to the payment of valid security interests and liens pertaining to the property that, at the time of the vesting of the right, title, or interest of the adult or juvenile in the state under division (B)(1) of this section, are held by known secured parties and lienholders, in the order of priority of those security interests and liens;
(c) Third, the remaining proceeds of the sale after compliance with division (B)(4)(b) of this section, to the court that has or would have jurisdiction in a civil action to obtain a civil forfeiture under this section, for disposition in accordance with section 2925.44 of the Revised Code.
(C)(1) Any property that is subject to civil forfeiture under this section may be seized by a law enforcement officer upon process, or a warrant as described in division (C)(2) of this section, issued by a court of common pleas that has jurisdiction over the property. Additionally, a seizure of the property, without process or a warrant being so issued, may be made by a law enforcement officer when any of the following applies:
(a) The seizure is incident to an arrest, a search under a search warrant, a lawful search without a search warrant, or an inspection under an administrative inspection warrant.
(b) The property is the subject of a prior judgment in favor of the state in a restraining order, injunction, or other preservation order proceeding under section 2925.42 of the Revised Code, or is the subject of a forfeiture order issued pursuant to that section.
(c) The law enforcement officer has probable cause to believe that the property is directly or indirectly dangerous to the public health or safety.
(d) The initial intrusion by the law enforcement officer
afforded him the officer with plain view of personal property
that is subject
to civil forfeiture in a civil action under this section, the
initial intrusion by the law enforcement officer was lawful, the
discovery of the personal property by the law enforcement officer
was inadvertent, and the incriminating nature of the personal
property was immediately apparent to the law enforcement officer.
(2) For purposes of division (C)(1) of this section, the state may request a court of common pleas to issue a warrant that authorizes the seizure of property that is subject to civil forfeiture under this section, in the same manner as provided in Criminal Rule 41 and Chapter 2933. of the Revised Code for the issuance of a search warrant. Additionally, for purposes of division (C)(1) of this section, any proceeding before a court of common pleas that involves a request for the issuance of process, or a warrant as described in this division, authorizing the seizure of any property that is subject to civil forfeiture under this section shall be recorded by shorthand, by stenotype, or by any other mechanical, electronic, or video recording device. The recording of and any transcript of the recording of such a proceeding shall not be a public record for purposes of section 149.43 of the Revised Code until the property has been seized pursuant to the process or warrant. This division shall not be construed as requiring, authorizing, or permitting, and does not require, authorize, or permit, the making available for inspection, or the copying, under section 149.43 of the Revised Code of any confidential law enforcement investigatory record or trial preparation record, as defined in that section.
(3) If property is seized pursuant to division (C)(1) of this section and if a civil action to obtain a civil forfeiture under this section, a criminal action that could result in a criminal forfeiture under section 2925.42 of the Revised Code, or a delinquent child proceeding that could result in a criminal forfeiture under that section is not pending at the time of the seizure or previously did not occur in connection with the property, then the prosecuting attorney of the county in which the seizure occurred promptly shall commence a civil action to obtain a civil forfeiture under this section in connection with the property, unless an indictment, complaint, or information alleging the commission of a felony drug abuse offense or a complaint, indictment, or information alleging that a juvenile is a delinquent child because of the commission of an act that, if committed by an adult, would be a felony drug abuse offense is filed prior to the commencement of the civil action. Nothing in this division precludes, or shall be construed as precluding, the filing of an indictment, complaint, or information alleging the commission of a felony drug abuse offense or the filing of a complaint, indictment, or information alleging that a juvenile is a delinquent child because of the commission of an act that, if committed by an adult, would be a felony drug abuse offense, after the commencement of a civil action to obtain a civil forfeiture under this section.
(D)(1) The filing of an indictment, complaint, or information alleging the commission of a felony drug abuse offense that also is the basis of a civil action for a civil forfeiture under this section, or the filing of a complaint, indictment, or information alleging that a juvenile is a delinquent child because of the commission of an act that, if committed by an adult, would be a felony drug abuse offense, and that also is the basis of a civil action for a civil forfeiture under this section, upon the motion of the prosecuting attorney of the county in which the indictment, complaint, or information or the complaint, indictment, or information in the delinquent child proceeding is filed, shall stay the civil action.
(2) A civil action to obtain a civil forfeiture under this section may be commenced as described in division (E) of this section whether or not the adult or juvenile who committed a felony drug abuse offense or an act that, if committed by an adult, would be a felony drug abuse offense has been charged by an indictment, complaint, or information with the commission of such an offense or such an act, has pleaded guilty to or been found guilty of such an offense, has been determined to be a delinquent child for the commission of such an act, has been found not guilty of committing such an offense, or has not been determined to be a delinquent child for the alleged commission of such an act.
(E)(1) The prosecuting attorney of the county in which property described in division (A) of this section is located may commence a civil action to obtain a civil forfeiture under this section by filing, in the court of common pleas of that county, a complaint that requests the issuance of an order of civil forfeiture of the property to the state. Notices of the action shall be served and published in accordance with division (E)(2) of this section.
(2) Prior to or simultaneously with the commencement of the civil action as described in division (E)(1) of this section, the prosecuting attorney shall conduct or cause to be conducted a search of the appropriate public records that relate to the property subject to civil forfeiture, and make or cause to be made reasonably diligent inquiries, for the purpose of identifying persons who have any right, title, or interest in the property. The prosecuting attorney then shall cause a notice of the commencement of the civil action, together with a copy of the complaint filed in it, to be given to each person who is known, because of the conduct of the search, the making of the inquiries, or otherwise, to have any right, title, or interest in the property, by certified mail, return receipt requested, or by personal service. Additionally, the prosecuting attorney shall cause a similar notice to be published once a week for two consecutive weeks in a newspaper of general circulation in the county in which the property is located.
(3) The procedures specified in divisions (F)(3) to (5) of section 2925.42 of the Revised Code apply to persons claiming any right, title, or interest in property subject to civil forfeiture under this section. The references in those divisions to the adult offender whose conviction or guilty plea, or the delinquent child whose adjudication, is the basis of an order of criminal forfeiture shall be construed for purposes of this section to mean the adult or juvenile who committed the act that could be the basis of an order of civil forfeiture under this section, and the references in those divisions to an issued order of criminal forfeiture shall be inapplicable.
(4) A hearing shall be held in the civil action described in division (E)(1) of this section at least thirty days after the final publication of notice as required by division (E)(2) of this section and after the date of completion of the service of notice by personal service or certified mail, return receipt requested, as required by that division. Following the hearing, the court shall issue the requested order of civil forfeiture if the court determines that the prosecuting attorney has proven, by clear and convincing evidence, that the property in question is property as described in division (A)(1) or (2) of this section, and if the court has disposed of all petitions filed under division (E)(3) of this section or no petitions have been so filed and the time for filing them has expired. An order of civil forfeiture so issued shall state that all right, title, and interest in the property in question of the adult or juvenile who committed the act that is the basis of the order, is forfeited to the state and shall make due provision for the right, title, or interest in that property of any other person in accordance with any determinations made by the court under division (E)(3) of this section and in accordance with divisions (F)(5)(b) and (G)(2) of section 2925.42 of the Revised Code.
(5) Subject to division (G)(2) of section 2925.42 of the Revised Code, if a court of common pleas enters an order of civil forfeiture in accordance with division (E) of this section, the state shall have clear title to the property that is the subject of the order and may warrant good title to any subsequent purchaser or other transferee.
Sec. 2929.01. As used in this chapter:
(A)(1) "Alternative residential facility" means, subject to division (A)(2) of this section, any facility other than an offender's home or residence in which an offender is assigned to live and that satisfies all of the following criteria:
(a) It provides programs through which the offender may seek or maintain employment or may receive education, training, treatment, or habilitation.
(b) It has received the appropriate license or certificate for any specialized education, training, treatment, habilitation, or other service that it provides from the government agency that is responsible for licensing or certifying that type of education, training, treatment, habilitation, or service.
(2) "Alternative residential facility" does not include a community-based correctional facility, jail, halfway house, or prison.
(B) "Bad time" means the time by which the parole board administratively extends an offender's stated prison term or terms pursuant to section 2967.11 of the Revised Code because the parole board finds by clear and convincing evidence that the offender, while serving the prison term or terms, committed an act that is a criminal offense under the law of this state or the United States, whether or not the offender is prosecuted for the commission of that act.
(C) "Basic probation supervision" means a requirement that the offender maintain contact with a person appointed to supervise the offender in accordance with sanctions imposed by the court or imposed by the parole board pursuant to section 2967.28 of the Revised Code. "Basic probation supervision" includes basic parole supervision and basic post-release control supervision.
(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and "unit dose" have the same meanings as in section 2925.01 of the Revised Code.
(E) "Community-based correctional facility" means a community-based correctional facility and program or district community-based correctional facility and program developed pursuant to sections 2301.51 to 2301.56 of the Revised Code.
(F) "Community control sanction" means a sanction that is not a prison term and that is described in section 2929.15, 2929.16, 2929.17, or 2929.18 of the Revised Code.
(G) "Controlled substance," "marihuana," "schedule I," and "schedule II" have the same meanings as in section 3719.01 of the Revised Code.
(H) "Curfew" means a requirement that an offender during a specified period of time be at a designated place.
(I) "Day reporting" means a sanction pursuant to which an offender is required each day to report to and leave a center or other approved reporting location at specified times in order to participate in work, education or training, treatment, and other approved programs at the center or outside the center.
(J) "Deadly weapon" has the same meaning as in section 2923.11 of the Revised Code.
(K) "Drug and alcohol use monitoring" means a program under which an offender agrees to submit to random chemical analysis of the offender's blood, breath, or urine to determine whether the offender has ingested any alcohol or other drugs.
(L) "Drug treatment program" means any program under which a person undergoes assessment and treatment designed to reduce or completely eliminate the person's physical or emotional reliance upon alcohol, another drug, or alcohol and another drug and under which the person may be required to receive assessment and treatment on an outpatient basis or may be required to reside at a facility other than the person's home or residence while undergoing assessment and treatment.
(M) "Economic loss" means any economic detriment suffered by a victim as a result of the commission of a felony and includes any loss of income due to lost time at work because of any injury caused to the victim, and any property loss, medical cost, or funeral expense incurred as a result of the commission of the felony.
(N) "Education or training" includes study at, or in conjunction with a program offered by, a university, college, or technical college or vocational study and also includes the completion of primary school, secondary school, and literacy curricula or their equivalent.
(O) "Electronically monitored house arrest" has the same meaning as in section 2929.23 of the Revised Code.
(P) "Eligible offender" has the same meaning as in section 2929.23 of the Revised Code except as otherwise specified in section 2929.20 of the Revised Code.
(Q) "Firearm" has the same meaning as in section 2923.11 of the Revised Code.
(R) "Halfway house" means a facility licensed by the division of parole and community services of the department of rehabilitation and correction pursuant to section 2967.14 of the Revised Code as a suitable facility for the care and treatment of adult offenders.
(S) "House arrest" means a period of confinement of an eligible offender that is in the eligible offender's home or in other premises specified by the sentencing court or by the parole board pursuant to section 2967.28 of the Revised Code, that may be electronically monitored house arrest, and during which all of the following apply:
(1) The eligible offender is required to remain in the eligible offender's home or other specified premises for the specified period of confinement, except for periods of time during which the eligible offender is at the eligible offender's place of employment or at other premises as authorized by the sentencing court or by the parole board.
(2) The eligible offender is required to report periodically to a person designated by the court or parole board.
(3) The eligible offender is subject to any other restrictions and requirements that may be imposed by the sentencing court or by the parole board.
(T) "Intensive probation supervision" means a requirement that an offender maintain frequent contact with a person appointed by the court, or by the parole board pursuant to section 2967.28 of the Revised Code, to supervise the offender while the offender is seeking or maintaining necessary employment and participating in training, education, and treatment programs as required in the court's or parole board's order. "Intensive probation supervision" includes intensive parole supervision and intensive post-release control supervision.
(U) "Jail" means a jail, workhouse, minimum security jail, or other residential facility used for the confinement of alleged or convicted offenders that is operated by a political subdivision or a combination of political subdivisions of this state.
(V) "Delinquent child" has the same meaning as in section
2151.02 2152.02 of the
Revised Code.
(W) "License violation report" means a report that is made by a sentencing court, or by the parole board pursuant to section 2967.28 of the Revised Code, to the regulatory or licensing board or agency that issued an offender a professional license or a license or permit to do business in this state and that specifies that the offender has been convicted of or pleaded guilty to an offense that may violate the conditions under which the offender's professional license or license or permit to do business in this state was granted or an offense for which the offender's professional license or license or permit to do business in this state may be revoked or suspended.
(X) "Major drug offender" means an offender who is convicted of or pleads guilty to the possession of, sale of, or offer to sell any drug, compound, mixture, preparation, or substance that consists of or contains at least one thousand grams of hashish; at least one hundred grams of crack cocaine; at least one thousand grams of cocaine that is not crack cocaine; at least two thousand five hundred unit doses or two hundred fifty grams of heroin; at least five thousand unit doses of L.S.D. or five hundred grams of L.S.D. in a liquid concentrate, liquid extract, or liquid distillate form; or at least one hundred times the amount of any other schedule I or II controlled substance other than marihuana that is necessary to commit a felony of the third degree pursuant to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised Code that is based on the possession of, sale of, or offer to sell the controlled substance.
(Y) "Mandatory prison term" means any of the following:
(1) Subject to division (Y)(2) of this section, the term in prison that must be imposed for the offenses or circumstances set forth in divisions (F)(1) to (8) or (F)(11) of section 2929.13 and division (D) of section 2929.14 of the Revised Code. Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05, and 2925.11 of the Revised Code, unless the maximum or another specific term is required under section 2929.14 of the Revised Code, a mandatory prison term described in this division may be any prison term authorized for the level of offense.
(2) The term of sixty or one hundred twenty days in prison that a sentencing court is required to impose for a third or fourth degree felony OMVI offense pursuant to division (G)(2) of section 2929.13 and division (A)(4) or (8) of section 4511.99 of the Revised Code.
(3) The term in prison imposed pursuant to section 2971.03 of the Revised Code for the offenses and in the circumstances described in division (F)(10) of section 2929.13 of the Revised Code and that term as modified or terminated pursuant to section 2971.05 of the Revised Code.
(Z) "Monitored time" means a period of time during which an offender continues to be under the control of the sentencing court or parole board, subject to no conditions other than leading a law-abiding life.
(AA) "Offender" means a person who, in this state, is convicted of or pleads guilty to a felony or a misdemeanor.
(BB) "Prison" means a residential facility used for the confinement of convicted felony offenders that is under the control of the department of rehabilitation and correction but does not include a violation sanction center operated under authority of section 2967.141 of the Revised Code.
(CC) "Prison term" includes any of the following sanctions for an offender:
(1) A stated prison term;
(2) A term in a prison shortened by, or with the approval of, the sentencing court pursuant to section 2929.20, 2967.26, 5120.031, 5120.032, or 5120.073 of the Revised Code;
(3) A term in prison extended by bad time imposed pursuant to section 2967.11 of the Revised Code or imposed for a violation of post-release control pursuant to section 2967.28 of the Revised Code.
(DD) "Repeat violent offender" means a person about whom both of the following apply:
(1) The person has been convicted of or has pleaded guilty to, and is being sentenced for committing, for complicity in committing, or for an attempt to commit, aggravated murder, murder, involuntary manslaughter, a felony of the first degree other than one set forth in Chapter 2925. of the Revised Code, a felony of the first degree set forth in Chapter 2925. of the Revised Code that involved an attempt to cause serious physical harm to a person or that resulted in serious physical harm to a person, or a felony of the second degree that involved an attempt to cause serious physical harm to a person or that resulted in serious physical harm to a person.
(2) Either of the following applies:
(a) The person previously was convicted of or pleaded guilty to, and served a prison term for, any of the following:
(i) Aggravated murder, murder, involuntary manslaughter, rape, felonious sexual penetration as it existed under section 2907.12 of the Revised Code prior to September 3, 1996, a felony of the first or second degree that resulted in the death of a person or in physical harm to a person, or complicity in or an attempt to commit any of those offenses;
(ii) An offense under an existing or former law of this state, another state, or the United States that is or was substantially equivalent to an offense listed under division (DD)(2)(a)(i) of this section and that resulted in the death of a person or in physical harm to a person.
(b) The person previously was adjudicated a delinquent child for
committing an act that if committed by an adult would have been an offense
listed in division
(DD)(2)(a)(i) or (ii) of this
section, the person was committed to the department of youth services for that
delinquent act, and the juvenile court in which the person was adjudicated
a delinquent child made a specific finding that the adjudication should be
considered
a conviction for purposes of a determination in the future pursuant to this
chapter as to whether the person is a repeat violent offender.
(EE) "Sanction" means any penalty imposed upon an offender who is convicted of or pleads guilty to an offense, as punishment for the offense. "Sanction" includes any sanction imposed pursuant to any provision of sections 2929.14 to 2929.18 of the Revised Code.
(FF) "Sentence" means the sanction or combination of sanctions imposed by the sentencing court on an offender who is convicted of or pleads guilty to a felony.
(GG) "Stated prison term" means the prison term, mandatory prison term, or combination of all prison terms and mandatory prison terms imposed by the sentencing court pursuant to section 2929.14 or 2971.03 of the Revised Code. "Stated prison term" includes any credit received by the offender for time spent in jail awaiting trial, sentencing, or transfer to prison for the offense and any time spent under house arrest or electronically monitored house arrest imposed after earning credits pursuant to section 2967.193 of the Revised Code.
(HH) "Victim-offender mediation" means a reconciliation or mediation program that involves an offender and the victim of the offense committed by the offender and that includes a meeting in which the offender and the victim may discuss the offense, discuss restitution, and consider other sanctions for the offense.
(II) "Fourth degree felony OMVI offense" means a violation of division (A) of section 4511.19 of the Revised Code that, under section 4511.99 of the Revised Code, is a felony of the fourth degree.
(JJ) "Mandatory term of local incarceration" means the term of sixty or one hundred twenty days in a jail, a community-based correctional facility, a halfway house, or an alternative residential facility that a sentencing court may impose upon a person who is convicted of or pleads guilty to a fourth degree felony OMVI offense pursuant to division (G)(1) of section 2929.13 of the Revised Code and division (A)(4) or (8) of section 4511.99 of the Revised Code.
(KK) "Designated homicide, assault, or kidnapping offense," "sexual motivation specification," "sexually violent offense," "sexually violent predator," and "sexually violent predator specification" have the same meanings as in section 2971.01 of the Revised Code.
(LL) "Habitual sex offender," "sexually oriented offense," and "sexual predator" have the same meanings as in section 2950.01 of the Revised Code.
(MM) An offense is "committed in the vicinity of a child" if the offender commits the offense within thirty feet of or within the same residential unit as a child who is under eighteen years of age, regardless of whether the offender knows the age of the child or whether the offender knows the offense is being committed within thirty feet of or within the same residential unit as the child and regardless of whether the child actually views the commission of the offense.
(NN) "Family or household member" has the same meaning as in section 2919.25 of the Revised Code.
(OO) "Motor vehicle" and "manufactured home" have the same meanings as in section 4501.01 of the Revised Code.
(PP) "Detention" and "detention facility" have the same meanings as in section 2921.01 of the Revised Code.
(NN)(QQ) "Third degree felony OMVI offense" means a
violation of division (A) of section 4511.19 of the Revised Code that, under
section 4511.99 of the Revised Code, is a felony of the third degree.
(QQ)(RR) "Random drug testing" has the same meaning as in
section 5120.63 of the Revised Code.
(RR)(SS) "Felony sex offense" has the same meaning as in
section 2957.28 of the Revised Code.
Sec. 2929.12. (A) Unless otherwise required by section 2929.13 or 2929.14 of the Revised Code, a court that imposes a sentence under this chapter upon an offender for a felony has discretion to determine the most effective way to comply with the purposes and principles of sentencing set forth in section 2929.11 of the Revised Code. In exercising that discretion, the court shall consider the factors set forth in divisions (B) and (C) of this section relating to the seriousness of the conduct and the factors provided in divisions (D) and (E) of this section relating to the likelihood of the offender's recidivism and, in addition, may consider any other factors that are relevant to achieving those purposes and principles of sentencing.
(B) The sentencing court shall consider all of the following that apply regarding the offender, the offense, or the victim, and any other relevant factors, as indicating that the offender's conduct is more serious than conduct normally constituting the offense:
(1) The physical or mental injury suffered by the victim of the offense due to the conduct of the offender was exacerbated because of the physical or mental condition or age of the victim.
(2) The victim of the offense suffered serious physical, psychological, or economic harm as a result of the offense.
(3) The offender held a public office or position of trust in the community, and the offense related to that office or position.
(4) The offender's occupation, elected office, or profession obliged the offender to prevent the offense or bring others committing it to justice.
(5) The offender's professional reputation or occupation, elected office, or profession was used to facilitate the offense or is likely to influence the future conduct of others.
(6) The offender's relationship with the victim facilitated the offense.
(7) The offender committed the offense for hire or as a part of an organized criminal activity.
(8) In committing the offense, the offender was motivated by prejudice based on race, ethnic background, gender, sexual orientation, or religion.
(9) If the offense is a violation of section 2919.25 or a violation of section 2903.11, 2903.12, or 2903.13 of the Revised Code involving a person who was a family or household member at the time of the violation, the offender committed the offense in the vicinity of one or more children who are not victims of the offense, and the offender or the victim of the offense is a parent, guardian, custodian, or person in loco parentis of one or more of those children.
(C) The sentencing court shall consider all of the following that apply regarding the offender, the offense, or the victim, and any other relevant factors, as indicating that the offender's conduct is less serious than conduct normally constituting the offense:
(1) The victim induced or facilitated the offense.
(2) In committing the offense, the offender acted under strong provocation.
(3) In committing the offense, the offender did not cause or expect to cause physical harm to any person or property.
(4) There are substantial grounds to mitigate the offender's conduct, although the grounds are not enough to constitute a defense.
(D) The sentencing court shall consider all of the following that apply regarding the offender, and any other relevant factors, as factors indicating that the offender is likely to commit future crimes:
(1) At the time of committing the offense, the offender was under release from confinement before trial or sentencing, under a sanction imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the Revised Code, or under post-release control pursuant to section 2967.28 or any other provision of the Revised Code for an earlier offense.
(2) The offender previously was adjudicated a delinquent child pursuant to Chapter 2151. of the Revised Code prior to the effective date of this amendment or pursuant to Chapter 2152. of the Revised Code, or the offender has a history of criminal convictions.
(3) The offender has not been rehabilitated to a satisfactory degree after previously being adjudicated a delinquent child pursuant to Chapter 2151. of the Revised Code prior to the effective date of this amendment or pursuant to Chapter 2152. of the Revised Code, or the offender has not responded favorably to sanctions previously imposed for criminal convictions.
(4) The offender has demonstrated a pattern of drug or alcohol abuse that is related to the offense, and the offender refuses to acknowledge that the offender has demonstrated that pattern, or the offender refuses treatment for the drug or alcohol abuse.
(5) The offender shows no genuine remorse for the offense.
(E) The sentencing court shall consider all of the following that apply regarding the offender, and any other relevant factors, as factors indicating that the offender is not likely to commit future crimes:
(1) Prior to committing the offense, the offender had not been adjudicated a delinquent child.
(2) Prior to committing the offense, the offender had not been convicted of or pleaded guilty to a criminal offense.
(3) Prior to committing the offense, the offender had led a law-abiding life for a significant number of years.
(4) The offense was committed under circumstances not likely to recur.
(5) The offender shows genuine remorse for the offense.
Sec. 2929.23. (A) As used in this section:
(1) "Electronic monitoring device" means either any of the
following:
(a) Any device that can be operated by electrical or battery power and that conforms with all of the following:
(i) The device has a transmitter that can be attached to a person, that will transmit a specified signal to a receiver of the type described in division (A)(1)(a)(ii) of this section if the transmitter is removed from the person, turned off, or altered in any manner without prior court approval in relation to electronically monitored house arrest or electronically monitored house detention or without prior approval of the department of rehabilitation and correction in relation to the use of an electronic monitoring device for an inmate on transitional control or otherwise is tampered with, that can transmit continuously and periodically a signal to that receiver when the person is within a specified distance from the receiver, and that can transmit an appropriate signal to that receiver if the person to whom it is attached travels a specified distance from that receiver.
(ii) The device has a receiver that can receive continuously the signals transmitted by a transmitter of the type described in division (A)(1)(a)(i) of this section, can transmit continuously those signals by telephone to a central monitoring computer of the type described in division (A)(1)(a)(iii) of this section, and can transmit continuously an appropriate signal to that central monitoring computer if the receiver is turned off or altered without prior court approval or otherwise tampered with.
(iii) The device has a central monitoring computer that can receive continuously the signals transmitted by telephone by a receiver of the type described in division (A)(1)(a)(ii) of this section and can monitor continuously the person to whom an electronic monitoring device of the type described in division (A)(1)(a) of this section is attached.
(b) Any device that is not a device of the type described in division (A)(1)(a) of this section and that conforms with all of the following:
(i) The device includes a transmitter and receiver that can monitor and determine the location of a subject person at any time, or at a designated point in time, through the use of a central monitoring computer or through other electronic means;
(ii) The device includes a transmitter and receiver that can determine at any time, or at a designated point in time, through the use of a central monitoring computer or other electronic means the fact that the transmitter is turned off or altered in any manner without prior approval of the court in relation to electronically monitored house arrest or electronically monitored house detention or without prior approval of the department of rehabilitation and correction in relation to the use of an electronic monitoring device for an inmate on transitional control or otherwise is tampered with.
(c) Any type of technology that can adequately track or determine the location of a subject person at any time and that is approved by the director of rehabilitation and correction, including, but not limited to, any satellite technology, voice tracking system, or retinal scanning system that is so approved.
(2) "Certified electronic monitoring device" means an electronic monitoring device that has been certified by the superintendent of the bureau of criminal identification and investigation pursuant to division (C)(1) of this section.
(3) "Eligible offender" means a person who has been convicted of or pleaded guilty to any offense, except that a person is not an "eligible offender" if any of the following apply in relation to the person, the offense, or the person and the offense:
(a) The person is subject to or is serving a term of life imprisonment.
(b) The person is subject to or is serving a mandatory prison term imposed under division (F) of section 2929.13, division (D) of section 2929.14, or any other section of the Revised Code, provided that, after the person has served all of the mandatory prison terms so imposed, the person may be an eligible offender unless excluded by division (A)(3)(a), (c) or (d) of this section.
(c) The offense is a violation of division (A) of section 4511.19 of the Revised Code, and the offender is sentenced for that offense pursuant to division (G)(1) of section 2929.13 of the Revised Code and is serving the mandatory term of local incarceration of sixty or one hundred twenty consecutive days of imprisonment imposed under that division, provided that, after the person has served all of the mandatory term of local incarceration so imposed, the person may be an eligible offender unless excluded by division (A)(3)(a), (b), or (d) of this section.
(d) The offense is a violation of division (A) of section 4511.19 of the Revised Code, and the person is sentenced for that offense pursuant to division (G)(2) of section 2929.13 of the Revised Code.
(4) "Electronically monitored house arrest" means a period of confinement of an eligible offender in the eligible offender's home or in other premises specified by the sentencing court or a period of confinement of a delinquent child in the child's home or in other premises specified by the juvenile court, during which period of confinement all of the following apply:
(a) The eligible offender or child wears, otherwise has attached to the eligible offender's or child's person, or otherwise is subject to monitoring by a certified electronic monitoring device, or the eligible offender or child is subject to monitoring by a certified electronic monitoring system;
(b) The eligible offender or child is required to remain in the eligible offender's or child's home or other premises specified by the sentencing court or juvenile court for the specified period of confinement, except for periods of time during which the eligible offender or child is at the eligible offender's place of employment, at school, or at other premises as authorized by the sentencing court;
(c) The eligible offender or child is subject to monitoring by a central system that monitors the certified electronic monitoring device that is attached to the eligible offender's or child's person or that otherwise is being used to monitor the eligible offender or child and that can monitor and determine the eligible offender's or child's location at any time or at a designated point in time, or the eligible offender or child is required to participate in monitoring by a certified electronic monitoring system;
(d) The eligible offender or child is required by the sentencing court or juvenile court to report periodically to a person designated by the court;
(e) The eligible offender or child is subject to any other restrictions and requirements that may be imposed by the sentencing court or juvenile court.
(5) "Electronic monitoring system" means a system by which the location of an eligible offender can be verified telephonically through the use of voice-activated voice response technology that conforms with all of the following:
(a) It can be programmed to call the telephone or telephones assigned to the eligible offender who is the subject of the monitoring as often as necessary;
(b) It is equipped with a voice recognition system that can work accurately and reliably under the anticipated conditions in which it will operate;
(c) It is equipped to perform an alarm function if the eligible offender who is the subject of monitoring does not respond to system commands in the manner required.
(6) "Certified electronic monitoring system" means an electronic monitoring system that has been certified by the superintendent of the bureau of criminal identification and investigation pursuant to division (C)(1) of this section.
(7) "Electronically monitored house detention" has the
same meaning as in section 2151.355 of the Revised Code.
(8) "Transitional
control" means the program of transitional control established by the
department of rehabilitation and
correction under section 2967.26 of the Revised Code, if the
department establishes a program of that nature under that section.
(B)(1) Any court may impose as a sanction pursuant to sections 2929.15 and 2929.17 of the Revised Code a period of electronically monitored house arrest upon an eligible offender who is convicted of or pleads guilty to a felony, except that the total of any period of electronically monitored house arrest imposed upon that eligible offender plus the period of all other sanctions imposed upon the same eligible offender pursuant to sections 2929.15, 2929.16, 2929.17, and 2929.18 of the Revised Code shall not exceed five years. Any court may impose a period of electronically monitored house arrest upon an eligible offender who is convicted of or pleads guilty to a misdemeanor in addition to or in lieu of any other sentence imposed or authorized for the offense, except that the total of any period of electronically monitored house arrest imposed upon that eligible offender plus the period of any sentence of imprisonment imposed upon the same eligible offender shall not exceed the maximum term of imprisonment that could be imposed upon the eligible offender pursuant to section 2929.21 of the Revised Code and except that, if the offense for which an eligible offender is being sentenced is a violation of division (A) of section 4511.19 or of division (D)(2) of section 4507.02 of the Revised Code, the court may impose a period of electronically monitored house arrest upon the eligible offender only when authorized by and only in the circumstances described in division (A) of section 4511.99 or division (B) of section 4507.99 of the Revised Code.
If a court imposes a period of electronically monitored house arrest upon an eligible offender, it shall require the eligible offender to wear, otherwise have attached to the eligible offender's person, or otherwise be subject to monitoring by a certified electronic monitoring device or to participate in the operation of and monitoring by a certified electronic monitoring system; to remain in the eligible offender's home or other specified premises for the entire period of electronically monitored house arrest except when the court permits the eligible offender to leave those premises to go to the eligible offender's place of employment or to other specified premises; to be monitored by a central system that monitors the certified electronic monitoring device that is attached to the eligible offender's person or that otherwise is being used to monitor the eligible offender and that can monitor and determine the eligible offender's location at any time or at a designated point in time or to be monitored by the certified electronic monitoring system; to report periodically to a person designated by the court; and, in return for receiving a period of electronically monitored house arrest, to enter into a written contract with the court agreeing to comply with all restrictions and requirements imposed by the court, agreeing to pay any fee imposed by the court for the costs of the electronically monitored house arrest imposed by the court pursuant to division (E) of this section, and agreeing to waive the right to receive credit for any time served on electronically monitored house arrest toward any prison term or sentence of imprisonment imposed upon the eligible offender for the offense for which the period of electronically monitored house arrest was imposed if the eligible offender violates any of the restrictions or requirements of the period of electronically monitored house arrest, and additionally, it may impose any other reasonable restrictions and requirements upon the eligible offender.
(2) If an eligible offender violates any of the restrictions or requirements imposed upon the eligible offender as part of the eligible offender's period of electronically monitored house arrest, the eligible offender shall not receive credit for any time served on electronically monitored house arrest toward any prison term or sentence of imprisonment imposed upon the eligible offender for the offense for which the period of electronically monitored house arrest was imposed.
(C)(1) The superintendent of the bureau of criminal
identification and investigation, in accordance with this section
and rules adopted by the superintendent pursuant to division
(C)(2) of this section, shall certify for use in cases of electronically
monitored house arrest, in electronically monitored house detention,
and in relation to an inmate
on transitional control specific types and
brands of electronic monitoring devices and electronic monitoring
systems that comply with the requirements of this section,
section 5120.073 of the Revised Code, and those rules. Any
manufacturer that, pursuant to this division, seeks to obtain the
certification of any type or brand of electronic monitoring
device or electronic monitoring system shall submit to the
superintendent an application for certification in accordance
with those rules together with the application fee and costs of
certification as required by those rules. The superintendent
shall not certify any electronic monitoring device or electronic
monitoring system pursuant to this division unless the
application fee and costs have been paid to the superintendent.
(2) The superintendent, in accordance with Chapter 119. of
the Revised Code, shall adopt rules for certifying specific types
and brands of electronic monitoring devices and electronic
monitoring systems for use in electronically monitored house
arrest, in electronically monitored house detention, and
in relation to an inmate on
transitional control. The rules shall set
forth the requirements for obtaining the certification, the
application fee and other costs for obtaining the certification,
the procedure for applying for certification, and any other
requirements and procedures considered necessary by the
superintendent. The rules shall require that no type or brand of
electronic monitoring device or electronic monitoring system be
certified unless the type or brand of device or system complies
with whichever of the following is applicable, in addition to any
other requirements specified by the superintendent:
(a) For electronic monitoring devices of the type described in division (A)(1)(a) of this section, the type or brand of device complies with all of the following:
(i) It has a transmitter of the type described in division (A)(1)(a)(i) of this section, a receiver of the type described in division (A)(1)(a)(ii) of this section, and a central monitoring computer of the type described in division (A)(1)(a)(iii) of this section;
(ii) Its transmitter can be worn by or attached to a
person with a minimum of discomfort during normal activities, is
difficult to remove, turn off, or otherwise alter without prior
court approval in relation to electronically monitored house
arrest or electronically monitored house detention or prior
approval of the department of rehabilitation and correction in
relation to the use of an
electronic monitoring device for an inmate on transitional control, and
will
transmit a specified signal to the receiver if it is removed,
turned off, altered, or otherwise tampered with;
(iii) Its receiver is difficult to turn off or alter and will transmit a signal to the central monitoring computer if it is turned off, altered, or otherwise tampered with;
(iv) Its central monitoring computer is difficult to circumvent;
(v) Its transmitter, receiver, and central monitoring
computer work accurately and reliably under the anticipated
conditions under which electronically monitored house arrest or
electronically monitored house detention will be imposed by
courts or under which an
electronic monitoring device will
be used by the department of rehabilitation and correction in relation to
an inmate on transitional control;
(vi) It has a backup battery power supply that operates automatically when the main source of electrical or battery power for the device fails.
(b) For electronic monitoring devices of the type described in division (A)(1)(b) of this section, the type or brand of device complies with all of the following:
(i) It has a transmitter and receiver of the type described in divisions (A)(1)(b)(i) and (ii) of this section.
(ii) Its transmitter is difficult to turn off or alter
without prior court approval in relation to electronically
monitored house arrest or electronically monitored house
detention or without prior approval of the department of
rehabilitation and correction in relation to the use of an electronic
monitoring device for
an inmate on transitional control, and, if the transmitter is turned off
or
altered in any manner without prior approval of the court or
department or otherwise is tampered with, the fact that it has
been turned off, altered, or tampered with can be determined at
any time, or at a designated point in time, through the use of a
central monitoring computer or through other electronic means.
(iii) Its receiver is difficult to turn off or alter, and, if the receiver is turned off, altered, or otherwise tampered with, the fact that it has been turned off, altered, or tampered with can be determined at any time, or at a designated point in time, through the use of a central monitoring computer or through other electronic means.
(iv) Its central monitoring computer or other means of electronic monitoring is difficult to circumvent.
(v) Its transmitter, receiver, and central monitoring
computer or other means of electronic monitoring work accurately
and reliably under the anticipated conditions under which
electronically monitored house arrest or electronically
monitored
house detention will be used, or under which an electronic monitoring
device will
be used by the department of rehabilitation and correction in relation to
an inmate on transitional control.
(vi) If it operates on electrical or battery power, it has a backup battery power supply that operates automatically when the main source of electrical or battery power for the device fails, or, if it does not operate on electrical or battery power, it has a backup method of operation so that it will continue to operate if its main method of operation fails.
(c) For electronic monitoring systems, the type or brand of system complies with all of the following:
(i) It can be programmed to call the telephone or telephones assigned to the person who is the subject of the monitoring as often as necessary;
(ii) It is equipped with a voice recognition system that can work accurately and reliably under the anticipated conditions in which it will operate;
(iii) It is equipped to perform an alarm function if the person who is the subject of the monitoring does not respond to system commands in the manner required.
(3) The superintendent shall publish and make available to all courts and to the department of rehabilitation and correction, without charge, a list of all types and brands of electronic monitoring devices and electronic monitoring systems that have been certified by the superintendent pursuant to division (C)(1) of this section and information about the manufacturers of the certified devices and systems and places at which the devices and systems can be obtained.
(D) The superintendent of the bureau of criminal identification and investigation shall deposit all costs and fees collected pursuant to division (C) of this section into the general revenue fund.
(E)(1) Each county in which is located a court that
imposes a period of electronically monitored house arrest or
electronically monitored house detention as a sentencing sanction or
alternative
may establish in the county treasury an electronically monitored
house arrest and detention fund. The clerk of each court that
uses that sentencing sanction or alternative may deposit into the
fund all fees
collected from eligible offenders upon whom electronically
monitored house arrest or detention is imposed pursuant to this
section, section 2151.355 2152.19, or any other section of the
Revised
Code that specifically authorizes the imposition of
electronically monitored house arrest or detention Each court
that imposes electronically monitored house arrest or
detention may adopt by local court rule a reasonable daily fee to be paid
by each eligible offender upon whom a period of electronically monitored
house arrest or detention is imposed as a sentencing sanction or
alternative.
The fee may include the
actual costs of providing house arrest or detention and an additional
amount
necessary to enable the court to provide electronically monitored
house arrest or detention to indigent eligible offenders. The
fund may be used only for the payment of the costs of
electronically monitored house arrest or detention, including,
but not limited to, the costs of electronically monitored house
arrest or detention for indigent eligible offenders.
(2) If a fee is adopted pursuant to division (E)(1) of
this section, it shall be in addition to any fine specifically
authorized or required by any other section of the Revised Code
for an eligible offender upon whom a period of electronically monitored
house arrest or detention is imposed as a sentencing sanction or
alternative.
Sec. 2930.12. At the request of the victim in a criminal prosecution, the prosecutor shall give the victim notice of the defendant's acquittal or conviction. At the request of the victim in a delinquency proceeding, the prosecutor shall give the victim notice of the dismissal of the complaint against the alleged juvenile offender or of the adjudication of the alleged juvenile offender as a delinquent child, except that, if the juvenile court dismisses the complaint against the alleged juvenile offender or adjudicates the alleged juvenile offender a delinquent child prior to the prosecutor's involvement in the case, at the request of the victim, the court or a court employee shall give the victim notice of the dismissal or of the adjudication. If the defendant or alleged juvenile offender is convicted or is adjudicated a delinquent child, the notice shall include all of the following:
(A) The crimes or specified delinquent acts of which the defendant was convicted or for which the alleged juvenile offender was adjudicated a delinquent child;
(B) The address and telephone number of the probation
office or other person, if any, that is to prepare
a presentence investigation report
pursuant to section 2951.03 of the Revised Code or
Criminal Rule 32.2, the address and telephone
number of the person, if any, who is to prepare a disposition
investigation report pursuant to division (C)(1) of section
2151.355 2152.18 of the Revised
Code, and the address
and telephone number of the person, if any, who is to prepare a
victim impact statement pursuant to division (H)(D)(1) of
section 2151.355 2152.19 or section 2947.051
of the
Revised Code;
(C) Notice that the victim may make a statement about the impact of the crime or specified delinquent act to the probation officer or other person, if any, who prepares the presentence investigation report or to the person, if any, who prepares a victim impact statement, that a statement of the victim included in the report will be made available to the defendant or alleged juvenile offender unless the court exempts it from disclosure, and that the court may make the victim impact statement available to the defendant or alleged juvenile offender;
(D) Notice of the victim's right under section 2930.14 of the Revised Code to make a statement about the impact of the crime or specified delinquent act before sentencing or disposition;
(E) The date, time, and place of the sentencing hearing or dispositional hearing;
(F) One of the following:
(1) Any sentence imposed upon the defendant and any subsequent modification of that sentence, including modification under section 2929.20 of the Revised Code or as a result of the defendant's appeal of the sentence pursuant to section 2953.08 of the Revised Code;
(2) Any disposition ordered for the defendant and any subsequent modification of that disposition, including judicial release or early release in accordance with section 2151.38 of the Revised Code.
Sec. 2930.13. (A) If the court orders the preparation of
a victim impact statement pursuant to division (D)(1) of
section 2151.355 2152.19 or section 2947.051 of the
Revised Code, the victim in the case may make a written or oral
statement regarding the impact of the crime or specified
delinquent act to the
person whom
the court orders to prepare the victim impact statement. A
statement made by the victim under this section shall be included
in the victim impact statement.
(B) If a probation officer or other person is preparing a presentence investigation report pursuant to section 2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2, or a disposition investigation report pursuant to section 2151.355 of the Revised Code, concerning the defendant or alleged juvenile offender in the case, the victim may make a written or oral statement regarding the impact of the crime or specified delinquent act to the probation officer or other person. The probation officer or other person shall use the statement in preparing the presentence investigation report or disposition investigation report and, upon the victim's request, shall include a written statement submitted by the victim in the presentence investigation report or disposition investigation report.
(C) A statement made by the victim under division (A) or (B) of this section may include the following:
(1) An explanation of the nature and extent of any physical, psychological, or emotional harm suffered by the victim as a result of the crime or specified delinquent act that is the basis of the case;
(2) An explanation of the extent of any property damage or other economic loss suffered by the victim as a result of that crime or specified delinquent act;
(3) An opinion regarding the extent to which, if any, the victim needs restitution for harm caused by the defendant or alleged juvenile offender as a result of that crime or specified delinquent act and information about whether the victim has applied for or received any compensation for loss or damage caused by that crime or specified delinquent act;
(4) The victim's recommendation for an appropriate sanction or disposition for the defendant or alleged juvenile offender regarding that crime or specified delinquent act.
(D) If a statement made by a victim under
division (A) of this section is included in a victim
impact statement, the provision, receipt, and retention of
copies of, the use of, and the confidentiality, nonpublic record character,
and sealing of the victim impact statement is
governed by division (H) of section 2151.355 or by division
(C) of section 2947.051 of the Revised
Code, as appropriate. If a statement made by a
victim under division (B) of this section is included in a presentence
investigation report prepared pursuant to section 2947.06 or 2951.03 of the
Revised Code
or Criminal Rule 32.2 or in a disposition
investigation report pursuant to division (C)(1) of section
2151.355 2152.18 of the Revised
Code, the
provision, receipt, and retention of copies of, the use of, and the
confidentiality, nonpublic record character, and sealing of the
presentence investigation report or disposition investigation report
that contains the victim's statement
is governed by section 2951.03 of the Revised Code.
Sec. 2938.02. The provisions of Chapter 2938. of the Revised Code shall apply to trial on the merits of any misdemeanor, ordinance offense, prosecution for the violation of any rule or regulation of any governmental body authorized to adopt penal regulations, or to complaints to keep the peace, which may be instituted in and retained for trial on the merits in any court or before any magistrate inferior to the court of common pleas; provided that in juvenile courts, where the conduct of any person under the age of eighteen years is made the subject of inquiry and for which special provision is made by Chapter 2151. or 2152. of the Revised Code, such matters shall be tried, adjusted, or disposed of pursuant to Chapter 2151. or 2152. of the Revised Code.
Sec. 2941.141. (A) Imposition of a one-year mandatory prison term upon an offender under division (D)(1)(a) of section 2929.14 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging the offense specifies that the offender had a firearm on or about the offender's person or under the offender's control while committing the offense. The specification shall be stated at the end of the body of the indictment, count, or information, and shall be in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert the person's or the prosecuting attorney's name when appropriate) further find and specify that (set forth that the offender had a firearm on or about the offender's person or under the offender's control while committing the offense.)"
(B) Imposition of a one-year mandatory prison term upon an offender under division (D)(1)(a) of section 2929.14 of the Revised Code is precluded if a court imposes a three-year or six-year mandatory prison term on the offender under that division relative to the same felony.
(C) The specification described in division (A) of this section may be used in a delinquent child proceeding in the manner and for the purpose described in section 2152.17 of the Revised Code.
(D) As used in this section, "firearm" has the same meaning as in section 2923.11 of the Revised Code.
Sec. 2941.142. (A) Imposition of a mandatory prison term of one, two, or three years pursuant to division (I) of section 2929.14 of the Revised Code upon an offender who committed a felony that is an offense of violence while participating in a criminal gang is precluded unless the indictment, count in the indictment, or information charging the felony specifies that the offender committed the felony that is an offense of violence while participating in a criminal gang. The specification shall be stated at the end of the body of the indictment, count, or information, and shall be in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The grand jurors (or insert the person's or the prosecuting attorney's name when appropriate) further find and specify that (set forth that the offender committed the felony that is an offense of violence while participating in a criminal gang.)"
(B) The specification described in division (A) of this section may be used in a delinquent child proceeding in the manner and for the purpose described in section 2152.17 of the Revised Code.
(C) As used in this section, "criminal gang" has the same meaning as in section 2923.41 of the Revised Code.
Sec. 2941.144. (A) Imposition of a six-year mandatory prison term upon an offender under division (D)(1)(a) of section 2929.14 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging the offense specifies that the offender had a firearm that is an automatic firearm or that was equipped with a firearm muffler or silencer on or about the offender's person or under the offender's control while committing the offense. The specification shall be stated at the end of the body of the indictment, count, or information and shall be stated in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert the person's or the prosecuting attorney's name when appropriate) further find and specify that (set forth that the offender had a firearm that is an automatic firearm or that was equipped with a firearm muffler or silencer on or about the offender's person or under the offender's control while committing the offense)."
(B) Imposition of a six-year mandatory prison term upon an offender under division (D)(1)(a) of section 2929.14 of the Revised Code is precluded if a court imposes a three-year or one-year mandatory prison term on the offender under that division relative to the same felony.
(C) The specification described in division (A) of this section may be used in a delinquent child proceeding in the manner and for the purpose described in section 2152.17 of the Revised Code.
(D) As used in this section, "firearm" and "automatic firearm" have the same meanings as in section 2923.11 of the Revised Code.
Sec. 2941.145. (A) Imposition of a three-year mandatory prison term upon an offender under division (D)(1)(a) of section 2929.14 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging the offense specifies that the offender had a firearm on or about the offender's person or under the offender's control while committing the offense and displayed the firearm, brandished the firearm, indicated that the offender possessed the firearm, or used it to facilitate the offense. The specification shall be stated at the end of the body of the indictment, count, or information, and shall be stated in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert the person's or the prosecuting attorney's name when appropriate) further find and specify that (set forth that the offender had a firearm on or about the offender's person or under the offender's control while committing the offense and displayed the firearm, brandished the firearm, indicated that the offender possessed the firearm, or used it to facilitate the offense)."
(B) Imposition of a three-year mandatory prison term upon an offender under division (D)(1)(a) of section 2929.14 of the Revised Code is precluded if a court imposes a one-year or six-year mandatory prison term on the offender under that division relative to the same felony.
(C) The specification described in division (A) of this section may be used in a delinquent child proceeding in the manner and for the purpose described in section 2152.17 of the Revised Code.
(D) As used in this section, "firearm" has the same meaning as in section 2923.11 of the Revised Code.
Sec. 2941.146. (A) Imposition of a mandatory five-year prison term upon an offender under division (D)(1)(c) of section 2929.14 of the Revised Code for committing a violation of section 2923.161 of the Revised Code or for committing a felony that includes, as an essential element, purposely or knowingly causing or attempting to cause the death of or physical harm to another and that was committed by discharging a firearm from a motor vehicle other than a manufactured home is precluded unless the indictment, count in the indictment, or information charging the offender specifies that the offender committed the offense by discharging a firearm from a motor vehicle other than a manufactured home. The specification shall be stated at the end of the body of the indictment, count, or information, and shall be stated in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert the person's or prosecuting attorney's name when appropriate) further find and specify that (set forth that the offender committed the violation of section 2923.161 of the Revised Code or the felony that includes, as an essential element, purposely or knowingly causing or attempting to cause the death of or physical harm to another and that was committed by discharging a firearm from a motor vehicle other than a manufactured home)."
(B) The specification described in division (A) of this section may be used in a delinquent child proceeding in the manner and for the purpose described in section 2152.17 of the Revised Code.
(C) As used in this section:
(1) "Firearm" has the same meaning as in section 2923.11 of the Revised Code;
(2) "Motor vehicle" and "manufactured home" have the same meanings as in section 4501.01 of the Revised Code.
Sec. 3109.41. As used in sections 3109.41 to 3109.48 of the Revised Code:
(A) A person is "convicted of killing" if the person has been convicted of or pleaded guilty to a violation of section 2903.01, 2903.02, or 2903.03 of the Revised Code.
(B) "Custody order" means an order designating a
person as the residential parent and legal custodian of a child
under section 3109.04 of the
Revised
Code or any order determining
custody of a child under section 2151.23, 2151.33, 2151.353,
2151.354, 2151.355, 2151.356, 2151.415, 2151.417, 2152.16, 2152.17,
2152.19, 2152.21, or 3113.31
of the Revised Code.
(C) "Visitation order" means an order issued under division (B)(1)(c) of section 2151.33 or under section 2151.412, 3109.051, 3109.12, or 3113.31 of the Revised Code.
Sec. 3301.121. (A) In addition to the duties and responsibilities of the superintendent of public instruction set forth in section 3301.12 of the Revised Code, the superintendent, in accordance with this section and section 3313.662 of the Revised Code, shall conduct an adjudication procedure to determine whether to permanently exclude from attending any of the public schools of this state any pupil who is the subject of a resolution forwarded to the superintendent by a board of education pursuant to division (D) of section 3313.662 of the Revised Code.
(B)(1) Except as provided in division (B)(3) of this section, within fourteen days after receipt of a resolution forwarded by a board of education pursuant to division (D) of section 3313.662 of the Revised Code, the superintendent of public instruction or the superintendent's designee shall provide the pupil who is the subject of the resolution and that pupil's parent, guardian, or custodian with a notice of an opportunity for an adjudication hearing on the proposed permanent exclusion of the pupil from attending any of the public schools of this state. The notice shall include all of the following:
(a) The date, time, and place of the permanent exclusion adjudication hearing;
(b) A statement informing the pupil and the pupil's parent, guardian, or custodian that the pupil may attend the adjudication hearing at the date, time, and place set forth in the notice, that the failure of the pupil or the pupil's parent, guardian, or custodian to attend the adjudication hearing will result in a waiver of the pupil's right to present evidence, testimony, and factors in mitigation of the pupil's permanent exclusion at an adjudication hearing on the proposed permanent exclusion, and that the pupil shall be accorded all of the following rights:
(i) The right to testify, to present evidence and the testimony of witnesses, and to confront, cross-examine, and compel the attendance of witnesses;
(ii) The right to a record of the hearing;
(iii) The right to written findings.
(c) A statement informing the pupil and the pupil's parent, guardian, or custodian that the pupil has the right to be represented by counsel at the adjudication hearing.
(d) A statement informing the pupil and the pupil's parent, guardian, or custodian that, if the pupil by failing to attend the hearing waives the pupil's right to present evidence, testimony, and factors in mitigation of the pupil's permanent exclusion at an adjudication hearing on the proposed permanent exclusion, the superintendent is required to review the information relevant to the permanent exclusion that is available to the superintendent and is permitted to enter an order requiring the pupil's permanent exclusion from attending any of the public schools of this state at any time within seven days after the conclusion of the adjudication hearing.
(2) The superintendent or the superintendent's designee shall provide the notice required by division (B)(1) of this section to the pupil and to the pupil's parent, guardian, or custodian by certified mail or personal service.
(3)(a) If a pupil who is the subject of a resolution
forwarded to the superintendent of public instruction by a board
of education pursuant to section 3313.662 of the Revised Code is
in the custody of the department of youth services pursuant to a
disposition under division (A)(4), (5), or
(7) of
section 2151.355 any provision of Chapter 2152.
of
the Revised Code, other than division
(A)(1)(a) of section 2152.16 of the Revised Code, at the time
the resolution is forwarded, the
department shall notify in writing the superintendent of public
instruction and the board of education that forwarded the
resolution of that fact. Upon receipt of the notice, the
superintendent shall delay providing the notice required by
division (B)(1) of this section and the adjudication of the
request for permanent exclusion until the superintendent
receives further notice
from the department pursuant to division (B)(3)(b) of this
section.
(b) At least sixty days before a pupil described in division (B)(3)(a) of this section will be released from institutionalization or institutionalization in a secure facility by the department of youth services, the department shall notify in writing the superintendent of public instruction and the board of education that forwarded the resolution pursuant to section 3313.662 of the Revised Code of the impending release and shall provide in that notice information regarding the extent of the education the pupil received while in the custody of the department, including whether the pupil has obtained a certificate of high school equivalence.
If the pupil has not obtained a certificate of high school equivalence while in the custody of the department of youth services, the superintendent of public instruction shall provide the notice required by division (B)(1) of this section and, at least thirty days before the pupil is to be released from institutionalization or institutionalization in a secure facility, conduct an adjudication procedure to determine whether to permanently exclude the pupil from attending the public schools of this state in accordance with this section. If the pupil has obtained a certificate of high school equivalence while in the custody of the department, the superintendent, in the superintendent's discretion, may conduct the adjudication.
(C)(1) Except as provided in division (B)(3) of this section, the date of the adjudication hearing set forth in the notice required by division (B)(1) of this section shall be a date no less than fourteen days nor more than twenty-one days from the date the superintendent sends the notice by certified mail or initiates personal service of the notice.
(2) The superintendent, for good cause shown on the written request of the pupil or the pupil's parent, guardian, or custodian, or on the superintendent's own motion, may grant reasonable continuances of any adjudication hearing held under this section but shall not grant either party total continuances in excess of ten days.
(3) If a pupil or the pupil's parent, guardian, or custodian does not appear at the adjudication hearing on a proposed permanent exclusion, the superintendent or the referee appointed by the superintendent shall proceed to conduct an adjudication hearing on the proposed permanent exclusion on the date for the adjudication hearing that is set forth in the notice provided pursuant to division (B)(1) of this section or on the date to which the hearing was continued pursuant to division (C)(2) of this section.
(D)(1) The superintendent or a referee appointed by the superintendent may conduct an adjudication hearing to determine whether to permanently exclude a pupil in one of the following counties:
(a) The county in which the superintendent holds the superintendent's office;
(b) Upon the request of the pupil or the pupil's parent, guardian, custodian, or attorney, in the county in which the board of education that forwarded the resolution requesting the permanent exclusion is located if the superintendent, in the superintendent's discretion and upon consideration of evidence of hardship presented on behalf of the requesting pupil, determines that the hearing should be conducted in that county.
(2) The superintendent of public instruction or a referee appointed by the superintendent shall conduct an adjudication hearing on a proposed permanent exclusion of a pupil. The referee may be an attorney admitted to the practice of law in this state but shall not be an attorney that represents the board of education that forwarded the resolution requesting the permanent exclusion.
(3) The superintendent or referee who conducts an adjudication hearing under this section may administer oaths, issue subpoenas to compel the attendance of witnesses and evidence, and enforce the subpoenas by a contempt proceeding in the court of common pleas as provided by law. The superintendent or referee may require the separation of witnesses and may bar from the proceedings any person whose presence is not essential to the proceedings.
(4) The superintendent of public instruction shall request the department of rehabilitation and correction, the sheriff, the department of youth services, or any publicly funded out-of-home care entity that has legal custody of a pupil who is the subject of an adjudication hearing held pursuant to this section to transport the pupil to the place of the adjudication hearing at the time and date set for the hearing. The department, sheriff, or publicly funded out-of-home care entity that receives the request shall provide transportation for the pupil who is the subject of the adjudication hearing to the place of the hearing at the time and date set for the hearing. The department, sheriff, or entity shall pay the cost of transporting the pupil to and from the hearing.
(E)(1) An adjudication hearing held pursuant to this section shall be adversary in nature, shall be conducted fairly and impartially, and may be conducted without the formalities of a criminal proceeding. A pupil whose permanent exclusion is being adjudicated has the right to be represented by counsel at the adjudication hearing. If the pupil has the financial capacity to retain counsel, the superintendent or the referee is not required to provide counsel for the pupil. At the adjudication hearing, the pupil also has the right to cross-examine witnesses against the pupil, to testify, to present evidence and the testimony of witnesses on the pupil's behalf, and to raise factors in mitigation of the pupil's being permanently excluded.
(2) In an adjudication hearing held pursuant to this section and section 3313.662 of the Revised Code, a representative of the school district of the board of education that adopted and forwarded the resolution requesting the permanent exclusion of the pupil shall present the case for permanent exclusion to the superintendent or the referee. The representative of the school district may be an attorney admitted to the practice of law in this state. At the adjudication hearing, the representative of the school district shall present evidence in support of the requested permanent exclusion. The superintendent or the superintendent's designee shall consider the entire school record of the pupil who is the subject of the adjudication and shall consider any of the following information that is available:
(a) The academic record of the pupil and a record of any extracurricular activities in which the pupil previously was involved;
(b) The disciplinary record of the pupil and any available records of the pupil's prior behavioral problems other than the behavioral problems contained in the disciplinary record;
(c) The social history of the pupil;
(d) The pupil's response to the imposition of prior discipline and sanctions imposed for behavioral problems;
(e) Evidence regarding the seriousness of and any aggravating factors related to the offense that is the basis of the resolution seeking permanent exclusion;
(f) Any mitigating circumstances surrounding the offense that gave rise to the request for permanent exclusion;
(g) Evidence regarding the probable danger posed to the health and safety of other pupils or of school employees by the continued presence of the pupil in a public school setting;
(h) Evidence regarding the probable disruption of the teaching of any school district's graded course of study by the continued presence of the pupil in a public school setting;
(i) Evidence regarding the availability of alternative sanctions of a less serious nature than permanent exclusion that would enable the pupil to remain in a public school setting without posing a significant danger to the health and safety of other pupils or of school employees and without posing a threat of the disruption of the teaching of any district's graded course of study.
(3) In any adjudication hearing conducted pursuant to this section and section 3313.662 of the Revised Code, a court order that proves the adjudication or conviction that is the basis for the resolution of the board of education seeking permanent exclusion is sufficient evidence to prove that the pupil committed a violation as specified in division (F)(1) of this section.
(4) The superintendent or the referee shall make or cause to be made a record of any adjudication hearing conducted pursuant to this section.
(5) A referee who conducts an adjudication hearing pursuant to this section shall promptly report the referee's findings in writing to the superintendent at the conclusion of the adjudication hearing.
(F) If an adjudication hearing is conducted or a determination is made pursuant to this section and section 3313.662 of the Revised Code, the superintendent shall review and consider the evidence presented, the entire school record of the pupil, and any available information described in divisions (E)(2)(a) to (i) of this section and shall not enter an order of permanent exclusion unless the superintendent or the superintendent's appointed referee finds, by a preponderance of the evidence, both of the following:
(1) That the pupil was convicted of or adjudicated a delinquent child for committing a violation listed in division (A) of section 3313.662 of the Revised Code and that the violation was committed when the child was sixteen years of age or older;
(2) That the pupil's continued attendance in the public school system may endanger the health and safety of other pupils or school employees.
(G)(1) Within seven days after the conclusion of an adjudication hearing that is conducted pursuant to this section, the superintendent of public instruction shall enter an order in relation to the permanent exclusion of the pupil who is the subject of the hearing or determination.
(2) If the superintendent or a referee makes the findings described in divisions (F)(1) and (2) of this section, the superintendent shall issue a written order that permanently excludes the pupil from attending any of the public schools of this state and immediately shall send a written notice of the order to the board of education that forwarded the resolution, to the pupil who was the subject of the resolution, to that pupil's parent, guardian, or custodian, and to that pupil's attorney, that includes all of the following:
(a) A copy of the order of permanent exclusion;
(b) A statement informing the pupil and the pupil's parent, guardian, or custodian of the pupil's right to appeal the order of permanent exclusion pursuant to division (H) of this section and of the possible revocation of the permanent exclusion pursuant to division (I) of this section if a final judicial determination reverses the conviction or adjudication that was the basis for the permanent exclusion;
(c) A statement informing the pupil and the pupil's parent, guardian, or custodian of the provisions of divisions (F), (G), and (H) of section 3313.662 of the Revised Code.
(3) If the superintendent or a referee does not make the findings described in divisions (F)(1) and (2) of this section, the superintendent shall issue a written order that rejects the resolution of the board of education and immediately shall send written notice of that fact to the board of education that forwarded the resolution, to the pupil who was the subject of the proposed resolution, and to that pupil's parent, guardian, or custodian.
(H) A pupil may appeal an order of permanent exclusion made by the superintendent of public instruction pursuant to this section and section 3313.662 of the Revised Code to the court of common pleas of the county in which the board of education that forwarded the resolution requesting the permanent exclusion is located. The appeal shall be conducted in accordance with Chapter 2505. of the Revised Code.
(I) If a final judicial determination reverses the conviction or adjudication that is the basis of a permanent exclusion ordered under this section, the superintendent of public instruction, upon receipt of a certified copy of an order reflecting that final determination from the pupil or that pupil's parent, guardian, custodian, or attorney, shall revoke the order of permanent exclusion.
(J) As used in this section:
(1) "Permanently exclude" and "permanent exclusion" have the same meanings as in section 3313.662 of the Revised Code.
(2) "Out-of-home care" and "legal custody" have the same meanings as in section 2151.011 of the Revised Code.
(3) "Certificate of high school equivalence" has the same meaning as in section 4109.06 of the Revised Code.
Sec. 3313.66. (A) Except as provided under division (B)(2) of this section, the superintendent of schools of a city, exempted village, or local school district, or the principal of a public school may suspend a pupil from school for not more than ten school days. The board of education of a city, exempted village, or local school district may adopt a policy granting assistant principals and other administrators the authority to suspend a pupil from school for a period of time as specified in the policy of the board of education, not to exceed ten school days. If at the time a suspension is imposed there are fewer than ten school days remaining in the school year in which the incident that gives rise to the suspension takes place, the superintendent may apply any remaining part or all of the period of the suspension to the following school year. Except in the case of a pupil given an in-school suspension, no pupil shall be suspended unless prior to the suspension such superintendent or principal does both of the following:
(1) Gives the pupil written notice of the intention to suspend the pupil and the reasons for the intended suspension and, if the proposed suspension is based on a violation listed in division (A) of section 3313.662 of the Revised Code and if the pupil is sixteen years of age or older, includes in the notice a statement that the superintendent may seek to permanently exclude the pupil if the pupil is convicted of or adjudicated a delinquent child for that violation;
(2) Provides the pupil an opportunity to appear at an informal hearing before the principal, assistant principal, superintendent, or superintendent's designee and challenge the reason for the intended suspension or otherwise to explain the pupil's actions.
(B)(1) Except as provided under division (B)(2), (3), or (4) of this section, the superintendent of schools of a city, exempted village, or local school district may expel a pupil from school for a period not to exceed the greater of eighty school days or the number of school days remaining in the semester or term in which the incident that gives rise to the expulsion takes place, unless the expulsion is extended pursuant to division (F) of this section. If at the time an expulsion is imposed there are fewer than eighty school days remaining in the school year in which the incident that gives rise to the expulsion takes place, the superintendent may apply any remaining part or all of the period of the expulsion to the following school year.
(2)(a) Unless a pupil is permanently excluded pursuant to section 3313.662 of the Revised Code, the superintendent of schools of a city, exempted village, or local school district shall expel a pupil from school for a period of one year for bringing a firearm to a school operated by the board of education of the district or onto any other property owned or controlled by the board, except that the superintendent may reduce this requirement on a case-by-case basis in accordance with the policy adopted by the board under section 3313.661 of the Revised Code.
(b) The superintendent of schools of a city, exempted village, or local school district may expel a pupil from school for a period of one year for bringing a firearm to an interscholastic competition, an extracurricular event, or any other school program or activity that is not located in a school or on property that is owned or controlled by the district. The superintendent may reduce this disciplinary action on a case-by-case basis in accordance with the policy adopted by the board under section 3313.661 of the Revised Code.
(c) Any expulsion pursuant to division (B)(2) of this section shall extend, as necessary, into the school year following the school year in which the incident that gives rise to the expulsion takes place. As used in this division, "firearm" has the same meaning as provided pursuant to the "Gun-Free Schools Act of 1994," 108 Stat. 270, 20 U.S.C. 8001(a)(2).
(3) The board of education of a city, exempted village, or local school district may adopt a resolution authorizing the superintendent of schools to expel a pupil from school for a period not to exceed one year for bringing a knife to a school operated by the board, onto any other property owned or controlled by the board, or to an interscholastic competition, an extracurricular event, or any other program or activity sponsored by the school district or in which the district is a participant, or for possessing a firearm or knife at a school, on any other property owned or controlled by the board, or at an interscholastic competition, an extracurricular event, or any other school program or activity, which firearm or knife was initially brought onto school board property by another person. The resolution may authorize the superintendent to extend such an expulsion, as necessary, into the school year following the school year in which the incident that gives rise to the expulsion takes place.
(4) The board of education of a city, exempted village, or local school district may adopt a resolution establishing a policy under section 3313.661 of the Revised Code that authorizes the superintendent of schools to expel a pupil from school for a period not to exceed one year for committing an act that is a criminal offense when committed by an adult and that results in serious physical harm to persons as defined in division (A)(5) of section 2901.01 of the Revised Code or serious physical harm to property as defined in division (A)(6) of section 2901.01 of the Revised Code while the pupil is at school, on any other property owned or controlled by the board, or at an interscholastic competition, an extracurricular event, or any other school program or activity. Any expulsion under this division shall extend, as necessary, into the school year following the school year in which the incident that gives rise to the expulsion takes place.
(5) No pupil shall be expelled under division (B)(1), (2), (3), or (4) of this section unless, prior to the pupil's expulsion, the superintendent does both of the following:
(a) Gives the pupil and the pupil's parent, guardian, or custodian written notice of the intention to expel the pupil;
(b) Provides the pupil and the pupil's parent, guardian, custodian, or representative an opportunity to appear in person before the superintendent or the superintendent's designee to challenge the reasons for the intended expulsion or otherwise to explain the pupil's actions.
The notice required in this division shall include the reasons for the intended expulsion, notification of the opportunity of the pupil and the pupil's parent, guardian, custodian, or representative to appear before the superintendent or the superintendent's designee to challenge the reasons for the intended expulsion or otherwise to explain the pupil's action, and notification of the time and place to appear. The time to appear shall not be earlier than three nor later than five school days after the notice is given, unless the superintendent grants an extension of time at the request of the pupil or the pupil's parent, guardian, custodian, or representative. If an extension is granted after giving the original notice, the superintendent shall notify the pupil and the pupil's parent, guardian, custodian, or representative of the new time and place to appear. If the proposed expulsion is based on a violation listed in division (A) of section 3313.662 of the Revised Code and if the pupil is sixteen years of age or older, the notice shall include a statement that the superintendent may seek to permanently exclude the pupil if the pupil is convicted of or adjudicated a delinquent child for that violation.
(6) A superintendent of schools of a city, exempted village, or local school district shall initiate expulsion proceedings pursuant to this section with respect to any pupil who has committed an act warranting expulsion under the district's policy regarding expulsion even if the pupil has withdrawn from school for any reason after the incident that gives rise to the hearing but prior to the hearing or decision to impose the expulsion. If, following the hearing, the pupil would have been expelled for a period of time had the pupil still been enrolled in the school, the expulsion shall be imposed for the same length of time as on a pupil who has not withdrawn from the school.
(C) If a pupil's presence poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process taking place either within a classroom or elsewhere on the school premises, the superintendent or a principal or assistant principal may remove a pupil from curricular activities or from the school premises, and a teacher may remove a pupil from curricular activities under the teacher's supervision, without the notice and hearing requirements of division (A) or (B) of this section. As soon as practicable after making such a removal, the teacher shall submit in writing to the principal the reasons for such removal.
If a pupil is removed under this division from a curricular activity or from the school premises, written notice of the hearing and of the reason for the removal shall be given to the pupil as soon as practicable prior to the hearing, which shall be held within three school days from the time the initial removal is ordered. The hearing shall be held in accordance with division (A) of this section unless it is probable that the pupil may be subject to expulsion, in which case a hearing in accordance with division (B) of this section shall be held, except that the hearing shall be held within three school days of the initial removal. The individual who ordered, caused, or requested the removal to be made shall be present at the hearing.
If the superintendent or the principal reinstates a pupil in a curricular activity under the teacher's supervision prior to the hearing following a removal under this division, the teacher, upon request, shall be given in writing the reasons for such reinstatement.
(D) The superintendent or principal, within one school day after the time of a pupil's expulsion or suspension, shall notify in writing the parent, guardian, or custodian of the pupil and the treasurer of the board of education of the expulsion or suspension. The notice shall include the reasons for the expulsion or suspension, notification of the right of the pupil or the pupil's parent, guardian, or custodian to appeal the expulsion or suspension to the board of education or to its designee, to be represented in all appeal proceedings, to be granted a hearing before the board or its designee in order to be heard against the suspension or expulsion, and to request that the hearing be held in executive session, notification that the expulsion may be subject to extension pursuant to division (F) of this section if the pupil is sixteen years of age or older, and notification that the superintendent may seek the pupil's permanent exclusion if the suspension or expulsion was based on a violation listed in division (A) of section 3313.662 of the Revised Code that was committed when the child was sixteen years of age or older and if the pupil is convicted of or adjudicated a delinquent child for that violation.
Any superintendent expelling a pupil under this section for more than twenty school days or for any period of time if the expulsion will extend into the following semester or school year shall, in the notice required under this division, provide the pupil and the pupil's parent, guardian, or custodian with information about services or programs offered by public and private agencies that work toward improving those aspects of the pupil's attitudes and behavior that contributed to the incident that gave rise to the pupil's expulsion. The information shall include the names, addresses, and phone numbers of the appropriate public and private agencies.
(E) A pupil or the pupil's parent, guardian, or custodian may appeal the pupil's expulsion by a superintendent or suspension by a superintendent, principal, assistant principal, or other administrator to the board of education or to its designee. The pupil or the pupil's parent, guardian, or custodian may be represented in all appeal proceedings and shall be granted a hearing before the board or its designee in order to be heard against the suspension or expulsion. At the request of the pupil or of the pupil's parent, guardian, custodian, or attorney, the board or its designee may hold the hearing in executive session but shall act upon the suspension or expulsion only at a public meeting. The board, by a majority vote of its full membership or by the action of its designee, may affirm the order of suspension or expulsion, reinstate the pupil, or otherwise reverse, vacate, or modify the order of suspension or expulsion.
The board or its designee shall make a verbatim record of hearings held under this division. The decisions of the board or its designee may be appealed under Chapter 2506. of the Revised Code.
This section shall not be construed to require notice and hearing in accordance with division (A), (B), or (C) of this section in the case of normal disciplinary procedures in which a pupil is removed from a curricular activity for a period of less than one school day and is not subject to suspension or expulsion.
(F)(1) If a pupil is expelled pursuant to division (B) of
this section for committing any violation listed in division (A)
of section 3313.662 of the Revised Code and the pupil was
sixteen years of age or older at the time of
committing the violation, if a complaint, indictment, or
information is filed pursuant to section
2151.27 of the Revised
Code alleging that the pupil is a delinquent child based upon the
commission of the violation or the pupil is prosecuted as an
adult for the commission of the violation, and if the resultant
juvenile court or criminal proceeding is pending at the time that
the expulsion terminates, the superintendent of schools that
expelled the pupil may file a motion with the court in which the
proceeding is pending requesting an order extending the expulsion
for the lesser of an additional eighty days or the number of
school days remaining in the school year. Upon the filing of the
motion, the court immediately shall schedule a hearing and give
written notice of the time, date, and location of the hearing to
the superintendent and to the pupil and the pupil's parent,
guardian, or
custodian. At the hearing, the court shall determine whether
there is reasonable cause to believe that the pupil committed the
alleged violation that is the basis of the expulsion and, upon
determining that reasonable cause to believe the pupil
committed the violation does exist, shall grant the requested extension.
(2) If a pupil has been convicted of or adjudicated a delinquent child for a violation listed in division (A) of section 3313.662 of the Revised Code for an act that was committed when the child was sixteen years of age or older, if the pupil has been expelled pursuant to division (B) of this section for that violation, and if the board of education of the school district of the school from which the pupil was expelled has adopted a resolution seeking the pupil's permanent exclusion, the superintendent may file a motion with the court that convicted the pupil or adjudicated the pupil a delinquent child requesting an order to extend the expulsion until an adjudication order or other determination regarding permanent exclusion is issued by the superintendent of public instruction pursuant to section 3301.121 and division (D) of section 3313.662 of the Revised Code. Upon the filing of the motion, the court immediately shall schedule a hearing and give written notice of the time, date, and location of the hearing to the superintendent of the school district, the pupil, and the pupil's parent, guardian, or custodian. At the hearing, the court shall determine whether there is reasonable cause to believe the pupil's continued attendance in the public school system may endanger the health and safety of other pupils or school employees and, upon making that determination, shall grant the requested extension.
(G) The failure of the superintendent or the board of education to provide the information regarding the possibility of permanent exclusion in the notice required by divisions (A), (B), and (D) of this section is not jurisdictional, and the failure shall not affect the validity of any suspension or expulsion procedure that is conducted in accordance with this section or the validity of a permanent exclusion procedure that is conducted in accordance with sections 3301.121 and 3313.662 of the Revised Code.
(H) With regard to suspensions and expulsions pursuant to divisions (A) and (B) of this section by the board of education of any city, exempted village, or local school district, this section shall apply to any student, whether or not the student is enrolled in the district, attending or otherwise participating in any curricular program provided in a school operated by the board or provided on any other property owned or controlled by the board.
(I) Whenever a student is expelled under this section, the expulsion shall result in removal of the student from the student's regular school setting. However, during the period of the expulsion, the board of education of the school district that expelled the student or any board of education admitting the student during that expulsion period may provide educational services to the student in an alternative setting.
(J)(1) Notwithstanding section 3313.64 or 3313.65 of the Revised Code, any school district, after offering an opportunity for a hearing, may temporarily deny admittance to any pupil if one of the following applies:
(a) The pupil has been suspended from the schools of another district under division (A) of this section and the period of suspension, as established under that division, has not expired;
(b) The pupil has been expelled from the schools of another district under division (B) of this section and the period of the expulsion, as established under that division or as extended under division (F) of this section, has not expired.
If a pupil is temporarily denied admission under this division, the pupil shall be admitted to school in accordance with section 3313.64 or 3313.65 of the Revised Code no later than upon expiration of the suspension or expulsion period, as applicable.
(2) Notwithstanding section 3313.64 or 3313.65 of the Revised Code, any school district, after offering an opportunity for a hearing, may temporarily deny admittance to any pupil if the pupil has been expelled or otherwise removed for disciplinary purposes from a public school in another state and the period of expulsion or removal has not expired. If a pupil is temporarily denied admission under this division, the pupil shall be admitted to school in accordance with section 3313.64 or 3313.65 of the Revised Code no later than the earlier of the following:
(a) Upon expiration of the expulsion or removal period imposed by the out-of-state school;
(b) Upon expiration of a period established by the district, beginning with the date of expulsion or removal from the out-of-state school, that is no greater than the period of expulsion that the pupil would have received under the policy adopted by the district under section 3313.661 of the Revised Code had the offense that gave rise to the expulsion or removal by the out-of-state school been committed while the pupil was enrolled in the district.
(K) As used in this section:
(1) "Permanently exclude" and "permanent exclusion" have the same meanings as in section 3313.662 of the Revised Code.
(2) "In-school suspension" means the pupil will serve all of the suspension in a school setting.
Sec. 3321.19. (A) As used in this section and section 3321.191 of the
Revised Code, "habitual:
(1) "Habitual truant" and "chronic truant" have has the
same meanings meaning as in section 2151.011 of the Revised
Code.
(2) "Chronic truant" has the same meaning as in section 2152.02 of the Revised Code.
(B) When a board of education of any city, exempted village, local, joint vocational, or cooperative education school district or the governing board of any educational service center determines that a student in its district has been truant and the parent, guardian, or other person having care of the child has failed to cause the student's attendance at school, the board may require the parent, guardian, or other person having care of the child pursuant to division (B) of this section to attend an educational program established pursuant to rules adopted by the state board of education for the purpose of encouraging parental involvement in compelling the attendance of the child at school.
No parent, guardian, or other person having care of a child shall fail without good cause to attend an educational program described in this division if the parent, guardian, or other person has been served notice pursuant to division (C) of this section.
(C) On the request of the superintendent of schools, the superintendent of any educational service center, the board of education of any city, exempted village, local, joint vocational, or cooperative education school district, or the governing board of any educational service center or when it otherwise comes to the notice of the attendance officer or other appropriate officer of the school district, the attendance officer or other appropriate officer shall examine into any case of supposed truancy within the district and shall warn the child, if found truant, and the child's parent, guardian, or other person having care of the child, in writing, of the legal consequences of being an habitual or chronic truant. When any child of compulsory school age, in violation of law, is not attending school, the attendance or other appropriate officer shall notify the parent, guardian, or other person having care of that child of the fact, and require the parent, guardian, or other person to cause the child to attend school immediately. The parent, guardian, or other person having care of the child shall cause the child's attendance at school. Upon the failure of the parent, guardian, or other person having care of the child to do so, the attendance officer or other appropriate officer, if so directed by the superintendent, the district board, or the educational service center governing board, shall send notice requiring the attendance of that parent, guardian, or other person at a parental education program established pursuant to division (B) of this section and, subject to divisions (D) and (E) of this section, may file a complaint against the parent, guardian, or other person having care of the child in any court of competent jurisdiction.
(D) Upon the failure of the parent, guardian, or other person having care of the child to cause the child's attendance at school, if the child is considered an habitual truant, the board of education of the school district or the governing board of the educational service center shall do either or both of the following:
(1) Take any appropriate action as an intervention strategy contained in the policy developed by the board pursuant to section 3321.191 of the Revised Code;
(2) File a complaint in the juvenile court of the county in which the child has a residence or legal settlement or in which the child is supposed to attend school jointly against the child and the parent, guardian, or other person having care of the child. A complaint filed in the juvenile court under this division shall allege that the child is an unruly child for being an habitual truant or is a delinquent child for being an habitual truant who previously has been adjudicated an unruly child for being an habitual truant and that the parent, guardian, or other person having care of the child has violated section 3321.38 of the Revised Code.
(E) Upon the failure of the parent, guardian, or other person having care of the child to cause the child's attendance at school, if the child is considered a chronic truant, the board of education of the school district or the governing board of the educational service center shall file a complaint in the juvenile court of the county in which the child has a residence or legal settlement or in which the child is supposed to attend school jointly against the child and the parent, guardian, or other person having care of the child. A complaint filed in the juvenile court under this division shall allege that the child is a delinquent child for being a chronic truant and that the parent, guardian, or other person having care of the child has violated section 3321.38 of the Revised Code.
Sec. 3321.22. (A) Except as provided in division
(B) of this section, if a complaint is filed against the parent,
guardian, or other person in charge of a child for a failure to cause the
child
to attend school or a part-time school or class and if the parent, guardian,
or other person proves an inability to do so, then the parent,
guardian, or other person in charge of a child shall be discharged.
Upon the discharge, the attendance officer shall file a complaint before the
judge of the juvenile court of the county alleging that the child is a
delinquent child, unruly child, or dependent
child within the meaning of section 2151.02, 2151.021
2151.022, or 2151.04, or 2152.02 of the
Revised Code.
The judge shall hear the complaint and if the judge
determines that the child is a delinquent, unruly, or
dependent child within one of those sections the judge shall deal with the
child according to section 2151.35 or 2151.36 of the Revised Code.
(B) Division (A) of this section does not apply regarding a complaint filed under division (D) or (E) of section 3321.19 of the Revised Code or otherwise filed and alleging that a child is an habitual truant or chronic truant.
Sec. 3730.07. (A)(1) Unless consent has been given in accordance
with section 3730.06 of the Revised Code, no individual who is under age
eighteen shall obtain or attempt to obtain a tattooing service, body piercing
service, or ear piercing service performed with an ear piercing gun.
(2) No individual who is under age eighteen shall knowingly
show or give false information concerning the individual's name, age, or other
identification for the purpose of obtaining a tattooing service, body piercing
service, or ear piercing service performed with an ear piercing gun.
(B)(1) No individual shall knowingly
show or give any false information as to the name, age, or other
identification of an individual who is under age eighteen for the purpose of
obtaining for the individual under age eighteen a tattooing service, body
piercing service, or ear piercing service performed with an ear piercing gun.
(2)(B) No individual shall impersonate the parent, guardian,
or custodian
of an individual who is under age eighteen for the purpose of
obtaining for the individual under age eighteen a tattooing service, body
piercing service, or ear piercing service performed with an ear piercing
gun.
Sec. 3730.99. (A) Whoever violates division (A), (B), or (C) of section 3730.02 or division (A) of section 3730.06 of the Revised Code is guilty of a misdemeanor of the fourth degree.
(B) Whoever violates division (B)(1)(A) or
(2)(B) of section 3730.07 of the Revised Code is guilty of a
misdemeanor of the first degree.
(C)(1) Whoever violates division (A)(1) of section 3730.07 of the
Revised Code is a delinquent child and is subject to an order of disposition
under division (A)(8) of section 2151.355 of the
Revised Code, which
order of disposition shall require the child to pay a fine as described in
division (B) of section 2151.3512 of the Revised Code.
(2) Whoever violates division (A)(2) of section 3730.07 of the Revised
Code
is a delinquent child and is subject to an order of disposition under division
(A)(8) of section 2151.355 of the Revised Code, which order of
disposition shall require the child to pay a fine as described in division
(E) of section 2151.3512 of the Revised Code.
Sec. 4109.08. (A) No minor shall be employed unless the employer keeps on the premises a complete list of all minors employed by the employer at a particular establishment and a printed abstract to be furnished by the director of commerce summarizing the provisions of this chapter.
The list and abstract shall be posted in plain view in a conspicuous place which is frequented by the largest number of minor employees, and to which all minor employees have access.
(B) An enforcement official may require any employer, in or about whose establishment an employee apparently under eighteen years of age is employed and whose age and schooling certificate is not filed as required by section 4109.02 of the Revised Code, to furnish the enforcement official satisfactory evidence that the employee is in fact eighteen years of age or older. The enforcement official shall require from the employer, unless an over-age certificate issued in accordance with section 3331.15 of the Revised Code is held by the employee, the same evidence of age of the employee as is required by section 3331.02 of the Revised Code upon the issuance of an age and schooling certificate. No employer shall fail to produce the evidence.
(C) Any employee apparently under eighteen years of age, working in any occupation or establishment with respect to which there are restrictions by rule or law governing the employment of minors, with respect to whom the employer has not furnished satisfactory evidence that the person is at or above the age required for performance of employment with the employer after being requested to do so, and who refuses to give to an enforcement official the employee's name, age, and place of residence may be taken into custody and charged with being an unruly child or other appropriate charge under Chapter 2151. or 2152. of the Revised Code.
(D) No person shall, with the intent to assist a minor to procure employment, make a false statement to any employer or to any person authorized to issue an age and schooling certificate.
Sec. 5103.03. The director of job
and family services shall adopt rules as
necessary for the adequate and
competent management of institutions or associations. Except for
facilities under the control of the department of
youth services, places of detention for children established and maintained
pursuant to sections 2151.34 2152.41 to 2151.3415
2152.44 of the Revised Code, and child
day-care centers subject to Chapter 5104. of the Revised Code, the department
of job and family services every two years shall pass upon
the fitness of every
institution and association that receives, or desires to receive and care for
children, or places children in private homes.
When the department of job and family services is satisfied as to the care given such children, and that the requirements of the statutes and rules covering the management of such institutions and associations are being complied with, it shall issue to the institution or association a certificate to that effect. A certificate is valid for two years, unless sooner revoked by the department. When determining whether an institution or association meets a particular requirement for certification, the department may consider the institution or association to have met the requirement if the institution or association shows to the department's satisfaction that it has met a comparable requirement to be accredited by a nationally recognized accreditation organization.
The department may issue a temporary certificate valid for less than one year authorizing an institution or association to operate until minimum requirements have been met.
The department may revoke a certificate if it finds that the institution or association is in violation of law or rule. No juvenile court shall commit a child to an association or institution that is required to be certified under this section if its certificate has been revoked or, if after revocation, the date of reissue is less than fifteen months prior to the proposed commitment.
Every two years, on a date specified by the department, each institution or association desiring certification or recertification shall submit to the department a report showing its condition, management, competency to care adequately for the children who have been or may be committed to it or to whom it provides care or services, the system of visitation it employs for children placed in private homes, and other information the department requires.
The department shall, not less than once each year, send a list of certified institutions and associations to each juvenile court and certified association or institution.
No person shall receive children or receive or solicit money on behalf of such an institution or association not so certified or whose certificate has been revoked.
The director may delegate by rule any duties imposed on it by this section to inspect and approve family foster homes and specialized foster homes to public children services agencies, private child placing agencies, or private noncustodial agencies.
Sec. 5120.16. (A) Persons sentenced to any institution, division, or place under the control of the department of rehabilitation and correction are committed to the control, care, and custody of the department. Subject to division (B) of this section, the director of rehabilitation and correction or the director's designee may direct that persons sentenced to the department, or to any institution or place within the department, shall be conveyed initially to an appropriate facility established and maintained by the department for reception, examination, observation, and classification of the persons so sentenced. If a presentence investigation report was not prepared pursuant to section 2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 regarding any person sentenced to the department or to any institution or place within the department, the director or the director's designee may order the department's field staff to conduct an offender background investigation and prepare an offender background investigation report regarding the person. The investigation and report shall be conducted in accordance with division (A) of section 2951.03 of the Revised Code and the report shall contain the same information as a presentence investigation report prepared pursuant to that section.
When the examination, observation, and classification of the person have been completed by the facility and a written report of the examination, observation, and classification is filed with the commitment papers, the director or the director's designee, subject to division (B) of this section, shall assign the person to a suitable state institution or place maintained by the state within the director's department or shall designate that the person is to be housed in a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, if authorized by section 5120.161 of the Revised Code, there to be confined, cared for, treated, trained, and rehabilitated until paroled, released in accordance with section 2929.20, 2967.26, or 2967.28 of the Revised Code, or otherwise released under the order of the court that imposed the person's sentence. No person committed by a probate court, a trial court pursuant to section 2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a finding of not guilty by reason of insanity, or a juvenile court shall be assigned to a state correctional institution.
If a person is sentenced, committed, or assigned for the commission of a felony to any one of the institutions or places maintained by the department or to a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, the department, by order duly recorded and subject to division (B) of this section, may transfer the person to any other institution, or, if authorized by section 5120.161 of the Revised Code, to a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse.
(B) If the case of a child who is alleged to be a
delinquent child is transferred for criminal prosecution to the appropriate
court having jurisdiction of the offense pursuant to division
(B) or (C) of section 2151.26 2152.12 of the Revised
Code, if the child is convicted of or pleads
guilty to a felony in that case, if the child is sentenced to a prison term,
as defined in section 2901.01 of the Revised
Code, and if the child is under eighteen years
of age when delivered to the custody of the department of
rehabilitation and correction, all of the following apply regarding the
housing of the child:
(1) Until the child attains eighteen years of age, subject to divisions (B)(2), (3), and (4) of this section, the department shall house the child in a housing unit in a state correctional institution separate from inmates who are eighteen years of age or older.
(2) The department is not required to house the child in the manner described in division (B)(1) of this section if the child does not observe the rules and regulations of the institution or the child otherwise creates a security risk by being housed separately.
(3) If the department receives too few inmates who are under eighteen years of age to fill a housing unit in a state correctional institution separate from inmates who are eighteen years of age or older, as described in division (B)(1) of this section, the department may house the child in a housing unit in a state correctional institution that includes both inmates who are under eighteen years of age and inmates who are eighteen years of age or older and under twenty-one years of age.
(4) Upon the child's attainment of eighteen years of age, the department may house the child with the adult population of the state correctional institution.
(C) The director or the director's designee shall develop a policy for dealing with problems related to infection with the human immunodeficiency virus. The policy shall include methods of identifying individuals committed to the custody of the department who are at high risk of infection with the virus and counseling those individuals.
Arrangements for housing individuals diagnosed as having AIDS or an AIDS-related condition shall be made by the department based on security and medical considerations and in accordance with division (B) of this section, if applicable.
Sec. 5120.172. A minor whose case is transferred for criminal
prosecution pursuant to section 2151.26 2152.12 of the
Revised Code,
who is prosecuted as an adult and is convicted of or pleads guilty to
one or more offenses in that case, and who is sentenced to a prison term or
term of imprisonment in a state
correctional institution for one or more of those offenses shall be considered
emancipated for the
purpose of consenting to medical treatment while confined in the state
correctional institution.
Sec. 5139.01. (A) As used in this chapter:
(1) "Commitment" means the transfer of the physical custody of a child or youth from the court to the department of youth services.
(2) "Permanent commitment" means a commitment that vests legal custody of a child in the department of youth services.
(3) "Legal custody," insofar as it pertains to the status
that is created when a child is permanently committed to the
department of youth services, means a legal status in which the
department has the following rights and responsibilities: the
right to have physical possession of the child; the right and
duty to train, protect, and control the child; the
responsibility to
provide the child with food, clothing, shelter, education,
and medical
care; and the right to determine where and with whom the
child shall
live, subject to the minimum periods of, or periods of,
institutional care
prescribed in section 2151.355 sections 2152.13 to
2152.18 of the Revised Code; provided,
that these rights and responsibilities are exercised subject to
the powers, rights, duties, and responsibilities of the guardian
of the person of the child, and subject to any residual parental
rights and responsibilities.
(4) Unless the context requires a different meaning, "institution" means a state facility that is created by the general assembly and that is under the management and control of the department of youth services or a private entity with which the department has contracted for the institutional care and custody of felony delinquents.
(5) "Full-time care" means care for twenty-four hours a day for over a period of at least two consecutive weeks.
(6) "Placement" means the conditional release of a child
under the terms and conditions that are specified by the
department of youth services. The department shall retain legal
custody of a child released pursuant to division (C) of section
2151.38 2152.22 of the Revised Code or division (C) of section
5139.06 of
the Revised Code until the time that it discharges the child or
until the legal custody is terminated as otherwise provided by
law.
(7) "Home placement" means the placement of a child in the home of the child's parent or parents or in the home of the guardian of the child's person.
(8) "Discharge" means that the department of youth services' legal custody of a child is terminated.
(9) "Release" means the termination of a child's stay in an institution and the subsequent period during which the child returns to the community under the terms and conditions of supervised release.
(10) "Delinquent child" has the same meaning as in section
2151.02 2152.02 of the Revised Code.
(11) "Felony delinquent" means any child who is at least twelve years of age but less than eighteen years of age and who is adjudicated a delinquent child for having committed an act that if committed by an adult would be a felony. "Felony delinquent" includes any adult who is between the ages of eighteen and twenty-one and who is in the legal custody of the department of youth services for having committed an act that if committed by an adult would be a felony.
(12) "Juvenile traffic offender" has the same meaning as
in section 2151.021 2152.02 of the Revised Code.
(13) "Public safety beds" means all of the following:
(a) Felony delinquents who have been committed to the department of youth services for the commission of an act, other than a violation of section 2911.01 or 2911.11 of the Revised Code, that is a category one offense or a category two offense and who are in the care and custody of an institution or have been diverted from care and custody in an institution and placed in a community corrections facility;
(b) Felony delinquents who, while committed to the department of youth services and in the care and custody of an institution or a community corrections facility, are adjudicated delinquent children for having committed in that institution or community corrections facility an act that if committed by an adult would be a felony;
(c) Children who satisfy all of the following:
(i) They are at least twelve years of age but less than eighteen years of age.
(ii) They are adjudicated delinquent children for having committed acts that if committed by an adult would be a felony.
(iii) They are committed to the department of youth services by the juvenile court of a county that has had one-tenth of one per cent or less of the statewide adjudications for felony delinquents as averaged for the past four fiscal years.
(iv) They are in the care and custody of an institution or a community corrections facility.
(d) Felony delinquents who, while committed to the department of youth
services and in the care and custody of an institution, commit in that
institution an act that if committed by an adult would be a felony, who are
serving disciplinary time for
having
committed that act, and who have been institutionalized or institutionalized
in a secure facility for the minimum period of time specified in division
(A)(4) or (5) divisions (A)(1)(b) to
(e) of section 2151.355 2152.16 of the Revised Code.
(e) Felony delinquents who are subject to and serving a three-year
period of commitment order imposed by a juvenile court pursuant
to division (A)(7) divisions (A) and (B) of
section 2151.355 2152.17 of the
Revised Code for an act, other than a violation of
section 2911.11 of the Revised Code, that would be a category one
offense or category two offense if committed by an adult.
(f) Felony delinquents who are described in divisions
(A)(13)(a) to (e)
of this section, who have been granted a judicial release to court
supervision under
division (B) of section 2151.38 2152.22
of the Revised Code or an early a judicial release to the
department of youth services supervision under
division (C) of that section
from the commitment to the department of youth services for the
act described in divisions (A)(13)(a) to (e)
of this section, who have violated the terms and conditions of
that judicial release or early release, and who, pursuant to an
order of the court of the county in which the particular felony
delinquent was placed on release that is issued pursuant to
division (D) of section 2151.38 2152.22
of the Revised Code, have been returned to the
department for institutionalization or institutionalization in a
secure facility.
(g) Felony delinquents who have been committed to the custody of the department of youth services, who have been granted supervised release from the commitment pursuant to section 5139.51 of the Revised Code, who have violated the terms and conditions of that supervised release, and who, pursuant to an order of the court of the county in which the particular child was placed on supervised release issued pursuant to division (F) of section 5139.52 of the Revised Code, have had the supervised release revoked and have been returned to the department for institutionalization. A felony delinquent described in this division shall be a public safety bed only for the time during which the felony delinquent is institutionalized as a result of the revocation subsequent to the initial thirty-day period of institutionalization required by division (F) of section 5139.52 of the Revised Code.
(14) "State target youth" means twenty-five per cent of the projected total number of felony delinquents for each year of a biennium, factoring in revocations and recommitments.
(15) Unless the context requires a different meaning, "community corrections facility" means a county or multicounty rehabilitation center for felony delinquents who have been committed to the department of youth services and diverted from care and custody in an institution and placed in the rehabilitation center pursuant to division (E) of section 5139.36 of the Revised Code.
(16) "Secure facility" means any facility that is designed and operated to ensure that all of its entrances and exits are under the exclusive control of its staff and to ensure that, because of that exclusive control, no child who has been institutionalized in the facility may leave the facility without permission or supervision.
(17) "Community residential program" means a program that satisfies both of the following:
(a) It is housed in a building or other structure that has no associated major restraining construction, including, but not limited to, a security fence.
(b) It provides twenty-four-hour care, supervision, and programs for felony delinquents who are in residence.
(18) "Category one offense" and "category two offense" have the same meanings as in section 2151.26 of the Revised Code.
(19) "Disciplinary time" means additional time that the department of youth services requires a felony delinquent to serve in an institution, that delays the person's or felony delinquent's planned release, and that the department imposes upon the person or felony delinquent following the conduct of an internal due process hearing for having committed any of the following acts while committed to the department and in the care and custody of an institution:
(a) An act that if committed by an adult would be a felony;
(b) An act that if committed by an adult would be a misdemeanor;
(c) An act that is not described in division (A)(19)(a) or (b) of this section and that violates an institutional rule of conduct of the department.
(20) "Unruly child" has the same meaning as in section 2151.022 of the Revised Code.
(21) "Revocation" means the act of revoking a child's supervised release for a violation of a term or condition of the child's supervised release in accordance with section 5139.52 of the Revised Code.
(22) "Release authority" means the release authority of the department of youth services that is established by section 5139.50 of the Revised Code.
(23) "Supervised release" means the event of the release of a child under this chapter from an institution and the period after that release during which the child is supervised and assisted by an employee of the department of youth services under specific terms and conditions for reintegration of the child into the community.
(24) "Victim" means the person identified in a police report, complaint, or information as the victim of an act that would have been a criminal offense if committed by an adult and that provided the basis for adjudication proceedings resulting in a child's commitment to the legal custody of the department of youth services.
(25) "Victim's representative" means a member of the victim's family or another person whom the victim or another authorized person designates in writing, pursuant to section 5139.56 of the Revised Code, to represent the victim with respect to proceedings of the release authority of the department of youth services and with respect to other matters specified in that section.
(26) "Member of the victim's family" means a spouse, child, stepchild, sibling, parent, stepparent, grandparent, other relative, or legal guardian of a child but does not include a person charged with, convicted of, or adjudicated a delinquent child for committing a criminal or delinquent act against the victim or another criminal or delinquent act arising out of the same conduct, criminal or delinquent episode, or plan as the criminal or delinquent act committed against the victim.
(27) "Judicial release to court supervision" means
a release of a
child
from institutional care or institutional care in a secure facility
that is granted by a court pursuant to division
(B) of section 2151.38 2152.22 of the Revised Code during the
period specified in that
division.
(28) "Early Judicial release to
department of youth services
supervision" means a release of a child from
institutional care or institutional care in a secure facility
that is granted by a court pursuant to division (C) of section 2151.38
2152.22 of the
Revised Code during the period specified in that division.
(B) There is hereby created the department of youth services. The governor shall appoint the director of the department with the advice and consent of the senate. The director shall hold office during the term of the appointing governor but subject to removal at the pleasure of the governor. Except as otherwise authorized in section 108.05 of the Revised Code, the director shall devote the director's entire time to the duties of the director's office and shall hold no other office or position of trust or profit during the director's term of office.
The director is the chief executive and administrative officer of the department and has all the powers of a department head set forth in Chapter 121. of the Revised Code. The director may adopt rules for the government of the department, the conduct of its officers and employees, the performance of its business, and the custody, use, and preservation of the department's records, papers, books, documents, and property. The director shall be an appointing authority within the meaning of Chapter 124. of the Revised Code. Whenever this or any other chapter or section of the Revised Code imposes a duty on or requires an action of the department, the duty or action shall be performed by the director or, upon the director's order, in the name of the department.
Sec. 5139.02. (A)(1) As used in this section, "managing officer"
means the
assistant director, a deputy director, an assistant deputy director, a
superintendent, a regional administrator, a deputy superintendent, or the
superintendent of schools of the
department of youth services, a member of the release authority, the chief of
staff to the release authority, and the victims coordinator
administrator of the office of victim services.
(2) Each division established by the director of youth services shall consist of managing officers and other employees, including those employed in institutions and regions as necessary to perform the functions assigned to them. The director, assistant director, or appropriate deputy director or managing officer of the department shall supervise the work of each division and determine general policies governing the exercise of powers vested in the department and assigned to each division. The appropriate managing officer or deputy director is responsible to the director or assistant director for the organization, direction, and supervision of the work of the division or unit and for the exercise of the powers and the performance of the duties of the department assigned to it and, with the director's approval, may establish bureaus or other administrative units within the department.
(B) The director shall appoint all managing officers, who shall be in the unclassified civil service. If the director appoints a managing officer from within the classified service of the department, the person so appointed retains the right to resume the position and status held in the classified service immediately prior to appointment as managing officer. If such a person is removed from the position as managing officer, the person shall be reinstated to the position held in the classified service immediately prior to appointment as managing officer, or to another position certified by the director, with the approval of the department of administrative services, as being substantially equal to that position. Any person holding the position of managing officer on the effective date of this section is entitled to resume the position and status held in the classified service of the department of youth services immediately prior to appointment as a managing officer. Service as a managing officer shall be counted as service in the position in the classified service the reinstated person held immediately prior to appointment as a managing officer. If a person is reinstated to a position in the classified service under this division, the person shall be returned to the pay range and step to which the person had been assigned at the time of the appointment as managing officer. Longevity, where applicable, shall be calculated pursuant to the provisions of section 124.181 of the Revised Code.
(C) Each person appointed as a managing officer shall have received special training and shall have experience in the type of work that the person's division is required to perform. Each managing officer, under the supervision of the director, has entire charge of the division, institution, unit, or region for which the managing officer is appointed and, with the director's approval, shall appoint necessary employees and may remove them for cause.
Sec. 5139.04. The department of youth services shall do all of the following:
(A) Support service districts through a central administrative office that shall have as its administrative head a deputy director who shall be appointed by the director of the department. When a vacancy occurs in the office of that deputy director, an assistant deputy director shall act as that deputy director until the vacancy is filled. The position of deputy director and assistant deputy director described in this division shall be in the unclassified civil service of the state.
(B) Receive custody of all children committed to it under
Chapter 2151. 2152. of the Revised Code, cause a study to be
made of
those children, and issue any orders, as it considers best suited
to the needs of any of those children and the interest of the
public, for the treatment of each of those children;
(C) Obtain personnel necessary for the performance of its duties;
(D) Train or provide for training of probation and youth correction workers;
(E) Adopt rules that regulate its organization and operation, that implement sections 5139.34 and 5139.41 to 5139.45 of the Revised Code, and that pertain to the administration of other sections of this chapter;
(F) Submit reports of its operations to the governor and the general assembly by the thirty-first day of January of each odd-numbered year;
(G) Conduct a program of research in diagnosis, training, and treatment of delinquent children to evaluate the effectiveness of the department's services and to develop more adequate methods;
(H) Receive reports from the juvenile courts under division (C)(3)(b) of section 5139.43 of the Revised Code and prepare an annual report of state juvenile court statistics and information based upon those reports. The department shall make available a copy of the annual report to the governor and members of the general assembly upon request.
(I) Develop a standard form for the disposition
investigation report that
a juvenile court is required pursuant to section 2151.355
2152.18 of the Revised Code
to complete and provide to the department when the court commits a child to
the legal custody of the department;
(J) Do all other acts necessary or desirable to carry out this chapter.
Sec. 5139.05. (A) The juvenile court may commit any child
to the department of youth services permanently as authorized in
section 2151.355 Chapter 2152. of the Revised
Code, provided that any child so
committed shall be at least twelve ten years of age at the time
of the child's commitment delinquent act, and, if the child is ten
or eleven years of age, the delinquent act is a
violation of section 2909.03 of the Revised Code or would be aggravated murder, murder, or a
first or second degree felony
offense of violence if committed by an adult Any order to commit a
child to an
institution
under the control and management of the department shall have the
effect of ordering that the child be committed to the department
and assigned to an institution as follows:
(1) For an indefinite term consisting
of the prescribed minimum period of time court control set
by the court and a maximum period not
to exceed the child's attainment of twenty-one years of
age, if the child was committed pursuant to division (A)(4) or (5) of
section 2151.355 2152.16 of the Revised Code;
(2) Until the child's attainment of twenty-one years of
age, if the child was
committed for aggravated murder or murder pursuant to division
(A)(6) of that section 2152.16 of the Revised Code;
(3) For a period of commitment that shall be in addition to, and shall be
served consecutively with and prior to, a period of commitment
described in division (A)(1) or (2) of this
section, if the child was committed pursuant to division (A)(7) of
section
2151.355 2152.17 of the
Revised Code;
(4) For any period of commitment imposed under division
(A)(7) of section 2151.355 of the
Revised Code
and for consecutive periods of commitment as described in division
(A)(1) or (2) of this section, if the child
was the subject of a consecutive periods of commitment order issued by the
court pursuant to division (B)(2) of section 2151.355 of the
Revised Code If the child is ten or
eleven years of age, to an
institution, a residential care facility, a residential facility, or a
facility licensed by the department of job and family services that the
department of youth services considers best designated for the training and
rehabilitation of the child and protection of the public. The child shall be
housed separately
from children who are twelve years of age or older until the child is
released or discharged
or until the child attains twelve years of age, whichever occurs
first. Upon the child's attainment of twelve years of
age, if the child has not been released or discharged, the
department is not required to house the child separately.
(B)(1) The release authority of the department of youth services,
in accordance with section 5139.51 of the Revised Code and at any time
after the end of the period of court control imposed under section 2152.16
of the Revised Code, may grant the release
from institutionalization custody of any child committed to the
department.
The order committing a child to the department of youth
services shall state that the child has been adjudicated a
delinquent child and that state the period of court control
over the commitment is permanent under section 2152.12 or
2152.13 of the Revised Code. The
jurisdiction of the court terminates at the time of the
commitment end of the period of court control except in
as follows:
(a) In relation to procedures for the judicial release
or
early release
of children from institutionalization or institutionalization in
a secure facility and hearings
conducted relative to judicial release or early release;
except in relation to its
authority to add additional consistent terms and conditions
regarding early release that are not prohibited under
division (C)(2) of section
2151.38 of the Revised Code; except in relation to its
authority to add additional terms and conditions regarding
judicial release;
except in
relation to hearings conducted relative to violations of
the terms and conditions of a judicial
release
or early release; except in relation to the functions
of the court related to the granting of supervised release, with
respect to violations of supervised release, and with procedures,
supervision, and violations;
(b) With respect to
functions of the court related to the revocation of supervised release that
are specified in
sections 5139.51 and 5139.52 of the
Revised
Code;
and except that the department
may petition the court for an order terminating its custody.
When
(c) In relation to its duties relating to serious youthful offender dispositional sentences under sections 2152.13 and 2152.14 of the Revised Code.
(2) When a child has been committed permanently to the
department under section 2152.16 of the Revised Code,
the department shall retain legal custody of the child until the
time that it terminates its legal custody
of the child by
discharging one of the following:
(a) The department discharges the child to the exclusive
management, control, and
custody of the child's parent or the guardian of
the child's person or, if the child is eighteen years of age or older, by
discharging discharges the child, until the.
(b) The
committing court, upon its own motion, upon petition of the
parent, guardian of the person, or next friend of a child, or
upon petition of the department, terminates the department's
legal custody of the child, until the.
(c) The committing court grants the child a
judicial release to court supervision under division (B) of
section 2151.38 2152.22
of the Revised Code, or until the.
(d) The department's legal custody of the child is terminated automatically by the child attaining twenty-one years of age.
(e) If the child is subject to a serious youthful offender dispositional sentence, the adult portion of that dispositional sentence is imposed under section 2152.14 of the Revised Code.
(C) When a child is committed to the department of youth services, the department may assign the child to a hospital for mental, physical, and other examination, inquiry, or treatment for the period of time that is necessary. The department may remove any child in its custody to a hospital for observation, and a complete report of every observation at the hospital shall be made in writing and shall include a record of observation, treatment, and medical history and a recommendation for future treatment, custody, and maintenance. The department shall thereupon order the placement and treatment that it determines to be most conducive to the purposes of Chapters 2151. and 5139. of the Revised Code. The committing court and all public authorities shall make available to the department all pertinent data in their possession with respect to the case.
(D) Records maintained by the department of youth services pertaining to the children in its custody shall be accessible only to department employees, except by consent of the department or upon the order of the judge of a court of record. These records shall not be considered "public records," as defined in section 149.43 of the Revised Code.
Except as otherwise provided by a law of this state or the United States, the department of youth services may release records that are maintained by the department of youth services and that pertain to children in its custody to the department of rehabilitation and correction regarding persons who are under the jurisdiction of the department of rehabilitation and correction and who have previously been committed to the department of youth services. The department of rehabilitation and correction may use those records for the limited purpose of carrying out the duties of the department of rehabilitation and correction. Records released by the department of youth services to the department of rehabilitation and correction shall remain confidential and shall not be considered public records as defined in section 149.43 of the Revised Code.
(E)(1) When a child is committed to the department of youth services, the department, orally or in writing, shall notify the parent, guardian, or custodian of a child that the parent, guardian, or custodian may request at any time from the superintendent of the institution in which the child is located any of the information described in divisions (E)(1)(a), (b), (c), and (d) of this section. The parent, guardian, or custodian may provide the department with the name, address, and telephone number of the parent, guardian, or custodian, and, until the department is notified of a change of name, address, or telephone number, the department shall use the name, address, and telephone number provided by the parent, guardian, or custodian to provide notices or answer inquiries concerning the following information:
(a) When the department of youth services makes a permanent assignment of the child to a facility, the department, orally or in writing and on or before the third business day after the day the permanent assignment is made, shall notify the parent, guardian, or custodian of the child of the name of the facility to which the child has been permanently assigned.
If a parent, guardian, or custodian of a child who is committed to the department of youth services requests, orally or in writing, the department to provide the parent, guardian, or custodian with the name of the facility in which the child is currently located, the department, orally or in writing and on or before the next business day after the day on which the request is made, shall provide the name of that facility to the parent, guardian, or custodian.
(b) If a parent, guardian, or custodian of a child who is committed to the department of youth services, orally or in writing, asks the superintendent of the institution in which the child is located whether the child is being disciplined by the personnel of the institution, what disciplinary measure the personnel of the institution are using for the child, or why the child is being disciplined, the superintendent or the superintendent's designee, on or before the next business day after the day on which the request is made, shall provide the parent, guardian, or custodian with written or oral responses to the questions.
(c) If a parent, guardian, or custodian of a child who is committed to the department of youth services, orally or in writing, asks the superintendent of the institution in which the child is held whether the child is receiving any medication from personnel of the institution, what type of medication the child is receiving, or what condition of the child the medication is intended to treat, the superintendent or the superintendent's designee, on or before the next business day after the day on which the request is made, shall provide the parent, guardian, or custodian with oral or written responses to the questions.
(d) When a major incident occurs with respect to a child who is committed to the department of youth services, the department, as soon as reasonably possible after the major incident occurs, shall notify the parent, guardian, or custodian of the child that a major incident has occurred with respect to the child and of all the details of that incident that the department has ascertained.
(2) The failure of the department of youth services to provide any notification required by or answer any requests made pursuant to division (E) of this section does not create a cause of action against the state.
(F) The department of youth services, as a means of punishment while the child is in its custody, shall not prohibit a child who is committed to the department from seeing that child's parent, guardian, or custodian during standard visitation periods allowed by the department of youth services unless the superintendent of the institution in which the child is held determines that permitting that child to visit with the child's parent, guardian, or custodian would create a safety risk to that child, that child's parents, guardian, or custodian, the personnel of the institution, or other children held in that institution.
(G) As used in this section:
(1) "Permanent assignment" means the assignment or
transfer for an extended period of time of a child who is
committed to the department of youth services to a facility in
which the child will receive training or participate in
activities that are directed toward the child's successful
rehabilitation. "Permanent assignment" does not include the
transfer of a child to a facility for early judicial release
hearings
pursuant to section 2151.38 2152.22 of the Revised Code or for
any other
temporary assignment or transfer to a facility.
(2) "Major incident" means the escape or attempted escape of a child who has been committed to the department of youth services from the facility to which the child is assigned; the return to the custody of the department of a child who has escaped or otherwise fled the custody and control of the department without authorization; the allegation of any sexual activity with a child committed to the department; physical injury to a child committed to the department as a result of alleged abuse by department staff; an accident resulting in injury to a child committed to the department that requires medical care or treatment outside the institution in which the child is located; the discovery of a controlled substance upon the person or in the property of a child committed to the department; a suicide attempt by a child committed to the department; a suicide attempt by a child committed to the department that results in injury to the child requiring emergency medical services outside the institution in which the child is located; the death of a child committed to the department; an injury to a visitor at an institution under the control of the department that is caused by a child committed to the department; and the commission or suspected commission of an act by a child committed to the department that would be an offense if committed by an adult.
(3) "Sexual activity" has the same meaning as in section 2907.01 of the Revised Code.
(4) "Controlled substance" has the same meaning as in section 3719.01 of the Revised Code.
(5) "Residential care facility" and "residential facility" have the same meanings as in section 2151.011 of the Revised Code.
Sec. 5139.06. (A) When a child has been committed to the
department of youth services, it the department shall do both of
the following:
(1) Place the child in an appropriate institution under the condition that it considers best designed for the training and rehabilitation of the child and the protection of the public, provided that the institutional placement shall be consistent with the order committing the child to its custody;
(2) Maintain the child in institutional care or
institutional care in a secure facility for the required period
of institutionalization in a manner consistent with division
(A)(4), (5), (6), or (7)(1) of section 2151.355
2152.16 and divisions (A) to (E) of section
2152.17 of the Revised Code,
whichever is are applicable, and with section 5139.38 or
division (B)
or (C) of section 2151.38 2152.22 of the Revised Code.
(B) When a child has been committed to the department of
youth services and
has not been institutionalized or institutionalized in
a secure facility for the prescribed
minimum periods of time or the prescribed period of time, including,
but not
limited to, a prescribed period of time
under division (A)(6)(1)(a) of section 2151.355
2152.16 of the Revised Code, the
department,
the child, or the child's parent may request the court that
committed the child to order a judicial release to court supervision or
an early a judicial release
from
institutionalization or institutionalization in a secure
facility to department of youth services supervision in accordance
with division
(B) or (C) of section 2151.38 2152.22 of the Revised Code, and
the
child may be
released from institutionalization or institutionalization in a
secure facility in accordance with the applicable
division. A child in those circumstances shall
not be released from
institutionalization or institutionalization in a secure
facility except in accordance with section 2151.38 2152.22 or
5139.38
of the Revised Code. When a child
is
released pursuant to a judicial release to court supervision under
division (B) of section
2151.38 2152.22 of the Revised Code, the
department shall comply with division (B)(2)(3) of that
section and, if
the court requests, shall send the committing court a report on the child's
progress in the institution and recommendations for terms and
conditions of
supervision by the court after release. When a child is
released pursuant to an early a judicial release to
department of youth services supervision under division
(C) of section 2151.38 2152.22
of the Revised Code, the department shall comply
with division (C)(2)(3) of
that section
relative to the child and shall send the committing court and the
juvenile court of the county in which the child is placed a copy
of the treatment and rehabilitation plan described in that
division and the terms and conditions that it fixed. The
court of the county in which the child is placed may adopt the
terms and conditions as an order of the court and may add any
additional consistent terms and conditions it considers
appropriate, provided that the court may not add
any term or condition that decreases the level or degree of
supervision specified by the department in its plan, that
substantially increases the financial burden of supervision that
will be experienced by the department, or that alters the
placement specified by the department in its plan.
Any violations of the terms and conditions
of the child's judicial release or early
release shall be handled pursuant to division
(D) of section 2151.38 2152.22 of the Revised Code.
(C) When a child has been committed to the department of
youth services, it the department may do any of the following:
(1) Notwithstanding the provisions of this chapter or,
Chapter 2151., or Chapter 2152. of the Revised
Code that prescribe required periods
of institutionalization, transfer the child to any other
state
institution, whenever it appears that the child by reason of
mental illness, mental retardation, or other developmental
disability ought to be in another state institution. Before
transferring a child to any other state institution, the
department shall include in the minutes a record of the order of
transfer and the reason for the transfer and, at least seven days
prior to the transfer, shall send a certified copy of the order
to the person shown by its record to have had the care or custody
of the child immediately prior to the child's commitment. Except
as provided in division (C)(2) of this section, no person
shall
be transferred from a benevolent institution to a correctional
institution or to a facility or institution operated by the
department of youth services.
(2) Notwithstanding the provisions of this chapter or,
Chapter 2151., or Chapter 2152. of the Revised
Code that prescribe required periods
of institutionalization, transfer the child under section
5120.162 of
the Revised Code to a correctional medical center established by
the department of rehabilitation and correction, whenever the
child has an illness, physical condition, or other medical
problem and it appears that the child would benefit from
diagnosis or treatment at the center for that illness, condition,
or problem. Before transferring a child to a center, the
department of youth services shall include in the minutes a
record of the order of transfer and the reason for the transfer
and, except in emergency situations, at least seven days prior to
the transfer, shall send a certified copy of the order to the
person shown by its records to have had the care or custody of
the child immediately prior to the child's commitment. If the
transfer of the child occurs in an emergency situation, as soon
as possible after the decision is made to make the transfer, the
department of youth services shall send a certified copy of the
order to the person shown by its records to have had the care or
custody of the child immediately prior to the child's commitment.
A transfer under this division shall be in accordance with the
terms of the agreement the department of youth services enters
into with the department of rehabilitation and correction under
section 5120.162 of the Revised Code and shall continue only as
long as the child reasonably appears to receive benefit from
diagnosis or treatment at the center for an illness, physical
condition, or other medical problem.
(3) Revoke or modify any order of the department except an order of discharge as often as conditions indicate it to be desirable;
(4) If the child was committed pursuant to division (A)(4)
or (5)(1)(b), (c), (d), or (e) of section
2151.355 2152.16 of the Revised Code and has been
institutionalized or institutionalized in a secure facility for the prescribed
minimum periods of
time under those divisions,
assign the child to a family home, a
group care facility, or other place maintained under public or
private auspices, within or without this state, for necessary
treatment and rehabilitation, the costs of which may be paid by
the department, provided that the department shall notify the
committing court, in writing, of the place and terms of the
assignment at least fifteen days prior to the scheduled date of
the assignment.;
(5) Release the child from an institution in accordance with sections 5139.51 to 5139.54 of the Revised Code in the circumstances described in those sections.
(D) The department of youth services shall notify the committing court of any order transferring the physical location of any child committed to it in accordance with section 5139.35 of the Revised Code. Upon the discharge from its custody and control, the department may petition the court for an order terminating its custody and control.
Sec. 5139.07. As a means of correcting the socially
harmful tendencies of a child committed to it, the department of
youth services may require participation by the child in vocational,
physical, educational, and corrective training and activities,
and the conduct and modes of life that seem best adapted to
rehabilitate the child and fit the child
for return to full liberty without
danger to the public welfare. The department may monetarily compensate the
child for the activities described in this section by transferring the wages
of the child for those activities to the appropriate youth benefit fund
created under section 5139.86 of the Revised Code. This section does not
permit the
department to release a child committed to it from institutional
care or institutional care in a secure facility, whichever is
applicable, other than in accordance with sections 2151.38
2152.22,
5139.06, 5139.38, and 5139.50 to 5139.54 of the Revised Code.
The department may require a child committed to it to return to the child's
home or to be placed in a foster care placement if
it is authorized to make a placement of that nature under
sections 2151.38 2152.22, 5139.06, 5139.38, and 5139.50 to
5139.54 of the Revised
Code. Any placement of that nature shall be made in accordance with those
sections. The legal residence of a child so placed by the
department is the place in which the child is residing in accordance
with a department order of placement. The school district responsible
for payment of tuition on behalf of the child so placed shall be
determined pursuant to section 3313.64 or 3313.65 of the Revised
Sec. 5139.11. The department of youth services shall do all of the following:
(A) Through a program of education, promotion, and organization, form groups of local citizens and assist these groups in conducting activities aimed at the prevention and control of juvenile delinquency, making use of local people and resources for the following purposes:
(1) Combatting local conditions known to contribute to juvenile delinquency;
(2) Developing recreational and other programs for youth work;
(3) Providing adult sponsors for delinquent children cases;
(4) Dealing with other related problems of the locality;.
(B) Advise local, state, and federal officials, public and private agencies, and lay groups on the needs for and possible methods of the reduction and prevention of juvenile delinquency and the treatment of delinquent children;
(C) Consult with the schools and courts of this state on the development of programs for the reduction and prevention of delinquency and the treatment of delinquents;
(D) Cooperate with other agencies whose services deal with the care and treatment of delinquent children to the end that delinquent children who are state wards may be assisted whenever possible to a successful adjustment outside of institutional care;
(E) Cooperate with other agencies in surveying, developing, and utilizing the recreational resources of a community as a means of combatting the problem of juvenile delinquency and effectuating rehabilitation;
(F) Hold district and state conferences from time to time in order to acquaint the public with current problems of juvenile delinquency and develop a sense of civic responsibility toward the prevention of juvenile delinquency;
(G) Assemble and distribute information relating to juvenile delinquency and report on studies relating to community conditions that affect the problem of juvenile delinquency;
(H) Assist any community within the state by conducting a comprehensive survey of the community's available public and private resources, and recommend methods of establishing a community program for combatting juvenile delinquency and crime, but no survey of that type shall be conducted unless local individuals and groups request it through their local authorities, and no request of that type shall be interpreted as binding the community to following the recommendations made as a result of the request;
(I) Evaluate the rehabilitation of children committed to the department and prepare and submit periodic reports to the committing court for the following purposes:
(1) Evaluating the effectiveness of institutional treatment;
(2) Making recommendations for early judicial release
where under section 2152.22 of the Revised Code if
appropriate and recommending terms and conditions for judicial
release;
(3) Reviewing the placement of children and recommending alternative placements where appropriate.
(J) Coordinate dates for hearings to be conducted under
section 2151.38 2152.22 of the Revised Code and assist in the
transfer
and release of children from institutionalization to the custody
of the committing court.
Sec. 5139.18. (A) Except with respect to children who are
granted a judicial release to court supervision pursuant to division
(B) of section
2151.38 2152.22 of the Revised Code, the department of youth
services is
responsible for locating homes or jobs for children released from
its institutions, for supervision of children released from its
institutions, and for providing or arranging for the provision to
those children of appropriate services that are required to
facilitate their satisfactory community adjustment.
(B) The department of youth services shall exercise
general supervision over all children who have been released on
placement from any of its institutions other than children who
are granted a judicial release to court supervision pursuant to
division (B) of section
2151.38 2152.22 of the Revised Code. The director of
youth services, with the consent and approval of the board of
county commissioners of any county, may contract with the
public children services agency of that county, the department of probation of
that county established pursuant to section 2301.27 of the
Revised Code, or the probation department or service established
pursuant to sections 2151.01 to 2151.54 of the Revised Code for
the provision of direct supervision and control over and the
provision of supportive assistance to all children who have been
released on placement into that county from any of its
institutions, or, with the consent of the juvenile judge or the
administrative judge of the juvenile court of any county,
contract with any other public agency, institution, or
organization that is qualified to provide the care and
supervision that is required under the terms and conditions of
the child's treatment plan for the provision of direct
supervision and control over and the provision of supportive
assistance to all children who have been released on placement
into that county from any of its institutions.
(C) Whenever any placement official has reasonable cause
to believe that any child released by a court pursuant to section
2151.38 2152.22
of the Revised Code has violated the terms and conditions
of the child's placement, the official may request, in
writing, from the committing court or transferee court a custodial order, and,
upon reasonable and probable cause, the court may order any sheriff,
deputy sheriff, constable, or police officer to apprehend the
child. A child so apprehended may be confined in the detention
home facility of the county in which the child is apprehended
until further order of the court. If a child who was released on supervised
release by the release
authority of the department of youth services or a child who was granted an
early a judicial release to department of youth services
supervision violates the terms and
conditions of the supervised release or early judicial release,
section 5139.52 of the Revised Code applies with respect to that child.
Sec. 5139.191. Any sheriff, deputy sheriff, constable, officer
of state or
local police, or employee of the department of youth services
shall apprehend
any child who has escaped from an institution under the
jurisdiction of the
department and return him the child. The written request of the
superintendent of the
institution from which the child has escaped shall be sufficient
cause to
authorize the apprehension and return of the child to the
institution. Such
request shall state the name and description of the child, that
the child is
under the jurisdiction of the department of youth services, and
that the
superintendent has personal knowledge that the child has escaped. A child so
apprehended may be confined in the detention home facility of
the county in which
he the child is
apprehended until removed to the proper institution.
Sec. 5139.20. (A) Notwithstanding any other provision of
the Revised Code that sets forth the minimum periods or period
for which a child committed to the department of youth services is to be
institutionalized or institutionalized in a secure facility or the procedures
for the judicial release to court supervision or early
judicial release from institutional care or
institutional care in a secure facility to department of youth services
supervision, the department may grant
emergency releases to children confined in state juvenile
institutions if the governor, upon request of the director of the
department authorizes the director, in writing, to issue a
declaration that an emergency overcrowding condition exists in
all of the institutions in which males are confined, or in all of
the institutions in which females are confined, that are under
the control of the department. If the governor authorizes the
issuance of a declaration, the director may issue the
declaration. If the director issues the declaration, the
director shall
file a copy of it with the secretary of state, which copy shall
be a public record. Upon the filing of the copy, the
department is authorized to grant emergency releases to children
within its custody subject to division (B) of this section. The
authority to grant the emergency releases shall continue until
the expiration of thirty days from the day on which the
declaration was filed. The director shall not issue a
declaration that an emergency overcrowding condition exists
unless the director determines that no other method of
alleviating the
overcrowding condition is available.
(B)(1) If the department is authorized under division (A) of this section to grant emergency releases to children within its custody, the department shall determine which, if any, children to release under that authority only in accordance with this division and divisions (C), (D), and (E) of this section. The department, in determining which, if any, children to release, initially shall classify each child within its custody according to the degree of offense that the act for which the child is serving the period of institutionalization would have been if committed by an adult. The department then shall scrutinize individual children for emergency release, based upon their degree of offense, in accordance with the categories and the order of consideration set forth in division (B)(2) of this section. After scrutiny of all children within the particular category under consideration, the department shall designate individual children within that category to whom it wishes to grant an emergency release.
(2) The categories of children in the custody of the department that may be considered for emergency release under this section, and the order in which the categories shall be considered, are as follows:
(a) Initially, only children who are not serving a period
of institutionalization for an act that would have been
aggravated murder, murder, or a felony of the first, second, third, or fourth
degree if committed by an adult or for an act that was committed before the
effective date of this amendment July 1, 1996,
and that would have been an aggravated felony
of the first, second, or third degree if committed by an adult may be
considered.
(b) When all children in the category described in
division (B)(2)(a) of this section have been scrutinized and all
children in that category who have been designated for emergency
release under division (B)(1) of this section have been so
released, then all children who are not serving a period of
institutionalization for an act that would have been aggravated
murder, murder, or a felony of the first or second degree if committed by an
adult or for an act that was committed before the effective date of this
amendment July 1, 1996, and that would have been
an aggravated felony of the first or second
degree if committed by an adult may be considered.
(c) When all children in the categories described in
divisions (B)(2)(a) and (b) of this section have been scrutinized
and all children in those categories who have been designated for
emergency release under division (B)(1) of this section have been
released, then all children who are not serving a term of
institutionalization for an act that would have been aggravated
murder, murder, or a felony of the first degree if committed by an adult or
for an act that was committed before the effective date of this
amendment July 1, 1996, and
that would have been an aggravated felony of the first or second degree if
committed by an adult may be considered.
(d) In no case shall the department consider for emergency release any child
who
is serving a term of institutionalization for an act that would
have been aggravated murder, murder, or a felony of the first
degree if committed by an adult or for an act that was committed before the
effective date of this amendment July 1, 1996,
and that would have been an aggravated felony
of the first degree if committed by an adult, and in no case shall the
department grant an emergency release to any such child pursuant to this
section.
(C) An emergency release granted pursuant to this section shall consist of one of the following:
(1) A supervised release under terms and conditions that the department believes conducive to law-abiding conduct;
(2) A discharge of the child from the custody and control of the department if the department is satisfied that the discharge is consistent with the welfare of the individual and protection of the public;
(3) An assignment to a family home, a group care facility, or other place maintained under public or private auspices, within or without this state, for necessary treatment or rehabilitation, the costs of which may be paid by the department.
(D) If a child is granted an emergency release pursuant to
this section, the child thereafter shall be considered to have
been institutionalized or institutionalized in a secure facility for the
prescribed minimum period of
time or prescribed time under division (A)(4), (5), or
(7)(1)(b), (c), (d), or (e) of section
2151.355 2152.16 or divisions (A) and (B)
of section 2152.17
of the
Revised Code. The department shall retain legal custody of a
child so released until it discharges the child or until its
custody is terminated as otherwise provided by law.
(E)(1) If a child is granted an emergency release so that
the child is released on supervised release or assigned
to a family home, group care facility, or other place for treatment or
rehabilitation, the
department shall prepare a written treatment and
rehabilitation plan for the child in accordance with division
(E) of section 2151.38 2152.22 of the Revised Code, which
shall
include the
terms and conditions of the child's release or assignment,
and shall send
the committing court and the juvenile court of the county in
which the child is placed a copy of the plan and the terms and
conditions that it fixed. The court of the county in which the
child is placed may adopt the terms and conditions as an order of
the court and may add any additional consistent terms and
conditions it considers appropriate. If a child is released on
supervised release or is assigned subject to specified
terms and conditions
and the court of the county in which the child is placed has
reason to believe that the child's deportment is not
in accordance with any post-release terms
and conditions
established by the court in its journal entry, the court of the county in
which the child is placed, in its discretion, may schedule a time
for a hearing on whether the child violated any of the
post-release terms and conditions. If that court conducts a hearing
and
determines at
the hearing that the child violated any of the post-release terms
and conditions established in its journal entry, the court,
if it determines that the violation of the terms and conditions
was a serious violation, may order the child to be returned to the
department of youth services for institutionalization or, in any
case, may make any other disposition of the child authorized by
law that the court considers proper. If the court of the county
in which the child is placed orders the child to be returned to a
department of youth services institution, the child shall remain
institutionalized for a minimum period of three months.
(2) The department also shall file a written progress
report with the committing court regarding each child granted an
emergency release pursuant to this section at least once every
thirty days unless specifically directed otherwise by the court. The report
shall include the information required of reports
described in division (F) of section 2151.38 2152.22 of the
Revised
Code.
Sec. 5139.27. The department of youth services shall adopt rules prescribing the minimum standards of construction for a school, forestry camp, or other facility established under section 2151.65 of the Revised Code for which financial assistance may be granted to assist in defraying the cost of the construction of the school, forestry camp, or other facility. If an application for that financial assistance is filed with the department under section 2151.651 of the Revised Code, and the department finds that the application is in proper form and the specifications for the construction of the school, forestry camp, or other facility meet the minimum standards set forth in the rules adopted by the department, the department may, from moneys available to it for granting financial assistance for the construction of schools, forestry camps, or other facilities established under section 2151.65 of the Revised Code, grant financial assistance to the county making the application, subject to the approval of the controlling board, in an amount not to exceed one-half of the county's share of the cost of construction of the school, forestry camp, or other facility but not to exceed six thousand five hundred dollars for each bed unit provided for in the school, forestry camp, or other facility. As used in this section, "construction" means the building and the initial equipping of new structures and, to the extent provided for in rules adopted by the department, the acquisition, remodeling, and initial equipping of existing structures, excluding architect's fees and the cost of land acquisition.
A county that receives financial assistance under this
section shall not be obligated to repay the assistance to
the
state unless the school, forestry camp, or other facility for
which the assistance is granted is used within the ten-year
period immediately following its establishment for other than the
purpose of rehabilitating children between the ages of twelve to
eighteen years, other than psychotic or mentally retarded
children, who are designated delinquent children, as defined in section
2151.02 2152.02 of the Revised Code, or unruly, as defined in
section
2151.022 of the Revised Code, by order of a juvenile court. If
the department of youth services finds that the school,
forestry
camp, or other facility is used for other than that purpose
within that ten-year period, the county
shall be obligated to
repay the assistance to the state and, through its board of
county commissioners, may enter into an agreement with the
director of budget and management for the discharge of that
obligation over a period not to exceed ten years in duration.
Whenever a county is obligated to repay that assistance to
the
state and its board of county commissioners fails to enter into
or fails to comply with an agreement for the discharge of
that
obligation, the tax commissioner, pursuant to section 5747.54 of
the Revised Code, shall withhold from distribution to the
county
from the local government fund an amount sufficient to discharge
the county from that obligation to the
state.
Sec. 5139.271. Subject to the approval of the controlling
board, the department of youth services may grant and pay
financial assistance to defray the county's share of the cost of
acquiring or constructing a district detention home facility,
established
under section 2151.34 2152.41 of the Revised Code, to any
county making
application under section 2151.3416 2152.43 of the Revised
Code if the
department finds that the application was made in accordance with
its rules and the home facility or the specifications for the
home facility meet
minimum standards established by the department. No financial
assistance shall be granted for defraying the cost of architects'
fees or land.
The department shall adopt rules prescribing the minimum
standards of construction and condition of existing structures,
established under section 2151.34 2152.41 of the Revised Code,
for which
financial assistance is granted under this section. The
department may recommend programs of education and training and
the qualifications desired for personnel of a district detention
home facility.
The amount of financial assistance granted to any county
shall not exceed one-half of the county's share of the cost of
acquisition or construction of the home facility. The total of
all state
assistance for any home shall not exceed six thousand five
hundred dollars for each bed unit provided for in the home
facility.
A county which that receives financial assistance under this
section shall repay the assistance to the state if the home
facility for
which the assistance is granted is used within the ten-year
period immediately following its establishment for purposes other
than those contained in section 2151.34 2152.41 of the Revised
Code. A board of county commissioners which that uses the
home facility for any other purpose within that period shall
enter into an agreement with the director of budget and management for the
discharge of that
obligation over a period not to exceed ten years. If a board of
county commissioners fails to enter into an agreement for the
discharge of that obligation, or fails to comply with the
terms
of such an agreement, the director shall direct the tax
commissioner, pursuant to section 5747.54 of the Revised Code,
to withhold from the distribution of the local government
fund an amount sufficient to discharge the obligation.
As used in this section:
(A) "Construction" means the building and initial equipping of new structures.
(B) "Acquisition" means "acquisition" as defined in the rules of the department, which may include the purchase, remodeling, and initial equipping of existing structures.
Sec. 5139.281. The department of youth services shall
adopt rules prescribing the manner of application for financial
assistance under this section for the operation and maintenance
of a detention home facility provided, or district detention
home facility established, under section 2151.34
2151.41 of the Revised Code
and
prescribing minimum standards of operation, including criteria
for programs of education, training, counseling, recreation,
health, and safety, and qualifications of personnel with which a
home facility shall comply as a condition of eligibility for
assistance
under this section. If the board of county commissioners
providing a detention home facility or the board of trustees of
a district
detention home facility applies to the department for assistance
and if
the department finds that the application is in accordance with
the rules adopted under this section and that the home facility
meets the
minimum standards adopted under this section, the department may
grant assistance to the applicant board for the operation and
maintenance of each home facility in an amount not to exceed
fifty per cent of the approved annual operating cost. The board shall make
a separate application for each year for which assistance is
requested.
The department shall adopt any necessary rules for the
care, treatment, and training in a district detention home
facility of children found to be delinquent children and committed to
the
home facility by the juvenile court under section
2151.355 2151.19 of
the Revised
Code and may approve for this purpose any home facility that is
found to be in compliance with the rules it adopts.
The department shall provide, at least once every six
months, in-service training programs for staff members of
detention homes facilities or district detention homes
facilities and shall pay all
travel and other necessary expenses incurred by participating
staff members.
Sec. 5139.29. The department of youth services shall adopt and
promulgate
regulations prescribing the method of calculating the amount of
and the time
and manner for the payment of financial assistance granted under
sections
5139.27, 5139.271, and 5139.28 of the Revised Code, for the
construction or acquisition of a district detention home
facility established under
section 2151.34 2152.41 of
the Revised Code, or for the construction and maintenance of a
school, forestry
camp, or other facility established under section 2151.65 of the
Revised Code.
Sec. 5139.31. The department of youth services may inspect
any school, forestry camp, district detention home facility, or
other facility for which an application for financial assistance has
been made to the department under section 2151.341, 2151.3416
2152.43,
2151.651, or 2151.652 of the Revised Code or for which financial
assistance has been granted by the department under section
5139.27, 5139.271, 5139.28, or 5139.281 of the Revised Code. The
inspection may include, but need not be limited to, examination
and evaluation of the physical condition of the school, forestry
camp, district detention home facility, or other facility,
including any
equipment used in connection with it; observation and evaluation
of the training and treatment of children admitted to it;
examination and analysis and copying of any papers, records, or
other documents relating to the qualifications of personnel, the
commitment of children to it, and its administration.
Sec. 5139.32. (A) Whenever a child committed to the
department of youth services is unable to benefit from the
programs conducted by the department, as found under division (B)
of this section, the department forthwith shall release or
discharge such child from its jurisdiction and either return him the
child
to the committing court, provided that such court so consents or
directs, or otherwise secure for him the child an environment
more
beneficial to his the child's future development.
(B) The determination that a child is unable to benefit
from the programs conducted by the department shall be made by
the committing court on its own motion or upon application by the
department or by a parent or the guardian of the person of the
child, or, if the child has been institutionalized or
institutionalized in a secure facility, whichever is applicable,
for the prescribed minimum period set forth in section 2151.355
Chapter 2152.
of the Revised Code and his the child's commitment order, by the
department
itself.
Sec. 5139.35. (A) Except as provided in division (C) of
this section and division (C)(2) of section 5139.06 of the
Revised Code, the department of youth services shall not place a
child committed to it pursuant to division (A)(6) of section
2151.355 2152.16 or divisions (A) and (B)
of section 2152.17 of the Revised Code or one committed to it
pursuant to
division (A)(4), (5), or (7) of that section who has not been
institutionalized or institutionalized in a secure facility for the prescribed
minimum periods or prescribed period of
institutionalization under those divisions in an institution with
a less restrictive setting than that in which the child was
originally placed, other than an institution under the management
and control of the department, without first obtaining the prior
consent of the committing court.
(B) Except as provided in division (C) of this section,
the department of youth services shall notify the committing
court, in writing, of any placement of a child committed to it
pursuant to division (A)(4), (5), or (7)(1)(b), (c), (d),
or (e) of section 2151.355 2152.16 or
divisions (A) and (B) of section 2152.17 of the
Revised Code who has been institutionalized or institutionalized
in a secure facility for the prescribed
minimum periods or prescribed period of institutionalization under
those
divisions in
an institution with a less restrictive setting than that in which
the child was originally placed, other than an institution under
the management and control of the department, at least fifteen
days before the scheduled date of placement.
(C) If, pursuant to division (C)(2) of section 5139.06 of
the Revised Code, the department of youth services transfers a
child committed to it pursuant to division (A)(4), (5), (6),
or (7)(1)(b), (c), (d), or (e) of section
2151.355 2152.16 or divisions (A) and (B)
of section 2152.17 of the Revised Code to a correctional medical
center established by the department of rehabilitation and
correction, the department of youth services shall send the
committing court a certified copy of the transfer order.
Sec. 5139.41. On and after January 1, 1995, the appropriation made to the department of youth services for care and custody of felony delinquents shall be expended in accordance with a formula that the department shall develop for each year of a biennium. The formula shall be consistent with sections 5139.41 to 5139.45 of the Revised Code and shall be developed in accordance with the following guidelines:
(A) The department shall set aside at least three per cent but not more than five per cent of the appropriation for purposes of funding the contingency program described in section 5139.45 of the Revised Code and of use in accordance with that section.
(B)(1) After setting aside the amount described in division (A) of this section, the department shall set aside twenty-five per cent of the remainder of the appropriation and use that amount for the purpose described in division (B)(2) of this section and to pay certain of the operational costs associated with, and to provide cash flow for, the following:
(a) Institutions;
(b) The diagnosis, care, or treatment of felony delinquents at institutions, facilities, or centers pursuant to contracts entered into under section 5139.08 of the Revised Code;
(c) Community corrections facilities constructed, reconstructed, improved, or financed as described in section 5139.36 of the Revised Code for the purpose of providing alternative placement and services for felony delinquents who have been diverted from care and custody in institutions.
(2) The department may use a portion of the twenty-five per cent of the remainder of the appropriation set aside pursuant to division (B)(1) of this section for administrative expenses incurred by the department in connection with the felony delinquent care and custody program described in section 5139.43 of the Revised Code and the associated contingency program described in section 5139.45 of the Revised Code.
(C) After setting aside the amounts described in divisions (A) and (B)(1) of this section, the department shall set aside the amount of the appropriation that is equal to twenty-five per cent of the amount that is calculated by multiplying the per diem cost for the care and custody of felony delinquents, as determined pursuant to division (D) of section 5139.42 of the Revised Code, by the number of bed days that the department projects for occupancy in community corrections facilities described in division (B)(1)(c) of this section. The department shall use the amount of the appropriation that is set aside pursuant to this division to pay the percentage of the per diem cost for the care and custody of felony delinquents who are in the care and custody of community corrections facilities described in division (B)(1)(c) of this section for which the department is responsible under sections 5139.41 to 5139.45 of the Revised Code.
(D) After setting aside the amounts described in divisions (A) to (C) of this section, the department shall set aside the amount of the appropriation that is necessary to pay seventy-five per cent of the per diem cost of public safety beds and shall use that amount for the purpose of paying that per diem cost.
(E) After setting aside the amounts described in divisions (A) to (D) of this section, the department shall use the remainder of the appropriation in connection with the felony delinquent care and custody program described in section 5139.43 of the Revised Code, except that, for fiscal year 2002 and fiscal year 2003 and only for those two fiscal years, the total number of beds available to all counties via public safety beds and county allocations shall not be less than the total beds used by all the counties during fiscal year 2000 funded by care and custody chargebacks (Line Item 401) and as public safety beds.
Sec. 5139.50. (A) The release authority of the department of youth services is hereby created as a bureau in the department. The release authority shall consist of five members who are appointed by the director of youth services and who have the qualifications specified in division (B) of this section. The members of the release authority shall devote their full time to the duties of the release authority and shall neither seek nor hold other public office. The members shall be in the unclassified civil service.
(B) A person appointed as a member of the release authority shall have a bachelor's degree from an accredited college or university or equivalent relevant experience and shall have the skills, training, or experience necessary to analyze issues of law, administration, and public policy. The membership of the release authority shall represent, insofar as practicable, the diversity found in the children in the legal custody of the department of youth services.
In appointing the five members, the director shall ensure that the appointments include all of the following:
(1) At least four members who have five or more years of experience in criminal justice, juvenile justice, or an equivalent relevant profession;
(2) At least one member who has experience in victim services or advocacy or who has been a victim of a crime or is a family member of a victim;
(3) At least one member who has experience in direct care services to delinquent children;
(4) At least one member who holds a juris doctor degree from an accredited college or university.
(C) The initial
appointments of members of the release authority shall be for a
term of six years for the chairperson and one member, a term of
four years for two members, and a term of two years for one
member. Thereafter, members shall be appointed for six-year
terms. At the conclusion of a term, a member shall hold office
until the appointment and qualification of the member's
successor. The director shall fill a vacancy occurring before
the expiration of a term for the remainder of that term and may appoint an
interim member to fulfill the duties of a member who, if a
member is on extended leave or
disability status for more than thirty work
days, may appoint an interim member to fulfill the duties of that
member.
A member may be reappointed, but a member may serve no more than two
consecutive terms regardless of the length of the member's initial term. A
member may be removed for good
cause by the director.
(D) The director of youth services shall designate as chairperson of the release authority one of the members who has experience in criminal justice, juvenile justice, or an equivalent relevant profession. The chairperson shall be a managing officer of the department, shall supervise the members of the board and the other staff in the bureau, and shall perform all duties and functions necessary to ensure that the release authority discharges its responsibilities. The chairperson shall serve as the official spokesperson for the release authority.
For the purposes of transacting the official business of the release authority, a majority of the members of the release authority shall constitute a quorum. A majority vote of the quorum shall determine the actions of the release authority.
(E) The release authority shall do all of the following:
(1) Make Serve as the final and sole authority for making
decisions, in the interests of public safety and the children
involved, regarding the release and
discharge of all children committed to the legal custody of the
department of youth services, except children placed by a juvenile
court on judicial
release to court supervision or early on judicial release
by a juvenile court to department of youth services supervision,
children who have
not completed a prescribed minimum period of time or prescribed period of time
in a secure facility, or children who are required to remain in a secure
facility until they attain twenty-one years of age;
(2) Establish written policies and procedures for conducting
periodic reviews of the status of
children for all youth in the custody of
the department, setting or modifying dates of release and
discharge, communicating to the
court specifying the duration, terms, and
conditions of release to be carried out in supervised release subject to the
addition of additional consistent terms and conditions by a court in
accordance with section 5139.51 of the Revised Code,
and giving a child notice of all reviews;
(3) Maintain records of its official actions, decisions, orders, and hearing summaries and make the records accessible in accordance with division (D) of section 5139.05 of the Revised Code;
(4) Cooperate with public and private agencies, communities, private groups, and individuals for the development and improvement of its services;
(5) Collect, develop, and maintain statistical information regarding its services and decisions;
(6) Submit to the director an annual report that includes a description of the operations of the release authority, an evaluation of its effectiveness, recommendations for statutory, budgetary, or other changes necessary to improve its effectiveness, and any other information required by the director.
(F) The release authority may do any of the following:
(1) Conduct inquiries, investigations, and reviews and hold hearings and other proceedings necessary to properly discharge its responsibilities;
(2) Issue subpoenas, enforceable in a court of law, to compel a person to appear, give testimony, or produce documentary information or other tangible items relating to a matter under inquiry, investigation, review, or hearing;
(3) Administer oaths and receive testimony of persons under oath;
(4) Request assistance, services, and information from a public agency to enable the authority to discharge its responsibilities and receive the assistance, services, and information from the public agency in a reasonable period of time;
(5) Request from a public agency or any other entity that provides or has provided services to a child committed to the department's legal custody information to enable the release authority to properly discharge its responsibilities with respect to that child and receive the information from the public agency or other entity in a reasonable period of time.
(G) The release authority shall not delegate its authority to make final decisions regarding policy or the release of a child.
(H) The release authority shall adopt a written policy and procedures governing appeals of its release and discharge decisions.
(H)(I) The legal staff
of the department of youth services shall provide assistance
to
the release authority in the formulation of policy and in its
handling of individual cases.
Sec. 5139.51. (A) The release authority of the department of
youth services shall not release a child who is in the custody of the
department of youth services from institutional care or institutional care in
a secure facility and shall not discharge the child or order the child's
release on supervised release prior to the expiration of the prescribed
minimum period of institutionalization or institutionalization in a secure
facility or prior to the child's attainment of twenty-one
years of age,
whichever is applicable under the order of commitment, other than as is
provided in division (A) of section 2151.38 2152.22 of
the Revised Code. The release
authority may conduct periodic reviews of the case of
each child who is in the custody of the department and who is eligible for
supervised release or
discharge after completing the minimum period of time or period of time in
an institution prescribed by the committing court. At least thirty days
prior to conducting a periodic review of the case of a child who was
committed
to the department regarding the possibility
of supervised release or discharge and at least thirty days prior to
conducting a release review, a release hearing, or a discharge review
under division (E) of this section,
the release authority shall give notice of the review or hearing to the
court
that committed the child, to the prosecuting attorney in the
case, and to the victim of the delinquent act for which the child
was committed or the victim's representative. If a child is on supervised
release and has had the child's parole revoked, and if, upon release, there is
insufficient time to provide the notices otherwise required by this division,
the release authority, at least ten days prior to the child's release, shall
provide reasonable notice of the child's release to the court that committed
the child, to the prosecuting attorney in the case, and to the victim of the
delinquent act for which the child was committed or the victim's
representative.
The
court or prosecuting attorney
may submit to the release authority written comments regarding, or written
objections to, the supervised release or discharge of that child.
Additionally, if the child was committed for an act that
is a category one or category two offense, the court or
prosecuting attorney orally may communicate to a representative of the release
authority comments regarding,
or objections to, the supervised release or discharge of the
child or, if a
hearing is held regarding the possible release or discharge of
the child, may communicate those comments at the hearing.
In
conducting the review of the child's case regarding the possibility of
supervised release or discharge, the release authority shall
consider any comments and objections so submitted
or communicated by the court or prosecutor and any
statements or comments submitted or communicated under section
5139.56 of the Revised Code by a victim of an act for
which the child was committed to the legal custody of the
department or by the victim's representative of a victim of an act of that
type.
The release authority shall determine the date on which a child may be placed on supervised release or discharged. If the release authority believes that a child should be placed on supervised release, it shall comply with division (B) of this section. If the release authority believes that a child should be discharged, it shall comply with division (C) or (E) of this section. If the release authority denies the supervised release or discharge of a child, it shall provide the child with a written record of the reasons for the decision.
(B)(1) When the department release authority decides to place a
child on supervised
release,
consistent with division (D) of
this section, it the department shall prepare a written
supervised release plan
that specifies the terms and conditions upon which the child is
to be released from an institution on supervised release and, at
least thirty days prior to the release of the child on the
supervised release, shall send to the committing court and the
juvenile court of the county in which the child will be placed a
copy of the supervised release plan and the terms and conditions
of release. The juvenile court of the county in
which the
child will be placed, within fifteen days after its receipt
of the copy of the supervised release
plan, may add to the supervised release plan any additional
consistent terms and conditions it considers appropriate,
provided that the court may not add any term or condition that
decreases the level or degree of supervision specified by
the release authority in the plan, that substantially increases the
financial burden of supervision that will be experienced by the
department of youth services, or that alters the placement
specified by the plan.
If, within fifteen days after its receipt of the copy of the supervised release plan, the juvenile court of the county in which the child will be placed does not add to the supervised release plan any additional terms and conditions, the court shall enter the supervised release plan in its journal within that fifteen-day period and, within that fifteen-day period, shall send to the release authority a copy of the journal entry of the supervised release plan. The journalized plan shall apply regarding the child's supervised release.
If, within fifteen days after its receipt of the copy of the supervised release plan, the juvenile court of the county in which the child will be placed adds to the supervised release plan any additional terms and conditions, the court shall enter the supervised release plan and the additional terms and conditions in its journal and, within that fifteen-day period, shall send to the release authority a copy of the journal entry of the supervised release plan and additional terms and conditions. The journalized supervised release plan and additional terms and conditions added by the court that satisfy the criteria described in this division shall apply regarding the child's supervised release.
If, within fifteen days after its receipt of the copy of the supervised release plan, the juvenile court of the county in which the child will be placed neither enters in its journal the supervised release plan nor enters in its journal the supervised release plan plus additional terms and conditions added by the court, the court and the department of youth services may attempt to resolve any differences regarding the plan within three days. If a resolution is not reached within that three-day period, thereafter, the supervised release plan shall be enforceable to the same extent as if the court actually had entered the supervised release plan in its journal.
(2) When the release authority receives from the court a copy of the journalized supervised release plan and, if applicable, a copy of the journalized additional terms and conditions added by the court, the release authority shall keep the original copy or copies in the child's file and shall provide a copy of each document to the child, the employee of the department who is assigned to supervise and assist the child while on release, and the committing court.
(C) If a child who is in the custody of the department of
youth services was committed pursuant to division
(A)(4) or (5) (1)(b), (c), (d), or (e) of
section
2151.355 2152.16 of the Revised Code and has been
institutionalized or institutionalized in a secure facility for
the prescribed minimum periods of time under those divisions and
if the release authority is satisfied that the discharge of the
child without the child being placed on supervised release would
be consistent with the welfare of the child and protection of
the public, the department release authority, without approval
of the court
that committed the child, may discharge the child from its the
department's
custody and control without placing the child on supervised
release. Additionally, the department release authority may
discharge a child in its the department's custody
without the child being placed on supervised release if the child is removed
from the 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 this state, another state, or the United
States, if the child is convicted of or pleads guilty to any criminal
offense, or as otherwise provided by law. At
least fifteen days before the scheduled date of
discharge of the child without the child being placed on
supervised release, the department shall notify the committing
court, in writing, that it is going to discharge the child and of the reason
for the discharge.
Upon discharge of the child without the child being placed on
supervised release, the department immediately shall certify the
discharge in writing and shall transmit the certificate of
discharge to the committing court.
(D) In addition to
requirements that are reasonably related to the child's prior
pattern of criminal or delinquent behavior and the prevention of further
criminal or delinquent behavior, the
department release authority shall specify the
following requirements for each child whom it releases:
(1) The child shall observe the law.
(2) The child shall maintain appropriate contact, as specified in the written supervised release plan for that child.
(3) The child shall not change residence unless the child seeks prior approval for the change from the employee of the department assigned to supervise and assist the child, provides that employee, at the time the child seeks the prior approval for the change, with appropriate information regarding the new residence address at which the child wishes to reside, and obtains the prior approval of that employee for the change.
(E) The period of a child's supervised release may extend from the date of release from an institution until the child attains twenty-one years of age. If the period of supervised release extends beyond one year after the date of release, the child may request in writing that the release authority conduct a discharge review after the expiration of the one-year period or the minimum period or period. If the child so requests, the release authority shall conduct a discharge review and give the child its decision in writing. The release authority shall not grant a discharge prior to the discharge date if it finds good cause for retaining the child in the custody of the department until the discharge date. A child may request an additional discharge review six months after the date of a previous discharge review decision, but not more than once during any six-month period after the date of a previous discharge review decision.
(F) At least two weeks before the release authority places on supervised
release or discharge a child who was
committed to the legal custody of the department is placed on supervised
release or discharged, the
release authority shall provide notice of the release or
discharge as follows:
(1) In relation to the placement on supervised release or discharge of a child who was committed to the department for committing an act that is a category one or category two offense, the release authority shall notify, by the specified deadline, all of the following of the release or discharge:
(a) The prosecuting attorney of the county in which the child was adjudicated a delinquent child and committed to the custody of the department;
(b) Whichever of the following is applicable:
(i) If upon the supervised release or discharge the child will reside in a municipal corporation, the chief of police or other chief law enforcement officer of that municipal corporation;
(ii) If upon the supervised release or discharge the child will reside in an unincorporated area of a county, the sheriff of that county.
(2) In relation to the placement on supervised release or discharge of a child who was committed to the department for committing any act, the release authority shall notify, by the specified deadline, each victim of the act for which the child was committed to the legal custody of the department who, pursuant to section 5139.56 of the Revised Code, has requested to be notified of the placement of the child on supervised release or the discharge of the child, provided that, if any victim has designated a person pursuant to that section to act on the victim's behalf as a victim's representative, the notification required by this division shall be provided to that victim's representative.
Sec. 5139.52. (A) At any time during a child's supervised
release or during the period of a child's early judicial release
to department of youth services supervision, if the
regional
administrator or the employee of the department assigned to
supervise and assist the child has reasonable grounds to believe that the
child has violated a term or condition of the supervised
release or early judicial release, the administrator or employee
may request a
court to issue a summons
that
requires the child to appear for a hearing to answer charges of
the alleged violation. The summons shall contain a brief
statement of the alleged violation, including the date and place
of the violation, and shall require the child to appear for a
hearing before the court at a specific date, time,
and place.
(B)(1) At any time while a child is on supervised release or during the
period of a child's early judicial release to department of
youth services supervision,
a regional administrator or a designee of a
regional administrator, upon application of the employee of the department
assigned to supervise and assist the child as described in this division,
may
issue, or cause to be issued, an order of
apprehension for the arrest of the child for the alleged violation of a
term or condition of the child's supervised release or early
judicial release.
An application
requesting an order
of apprehension shall
set
forth that, in the good faith judgment of the
employee of the department
assigned to supervise and assist the child making the application, there
is reasonable
cause to
believe that the child who is on supervised release or early
judicial release to department of youth services supervision
has violated
or is violating
a term or condition of the
child's supervised release or early judicial release, shall
state the
basis for that belief, and shall request that the child be taken
to an appropriate place of secure detention pending a probable
cause determination.
As an alternative to an order of
apprehension for the child, a regional administrator or the employee of the
department assigned to supervise and assist the child may request a court to
issue a warrant for the arrest of the child.
Subject to the provision of prior notice required by division (D)(1) of this section, if a regional administrator or a designee of a regional administrator issues, in writing, an order of apprehension for the arrest of a child, a staff member of the department of youth services who has been designated pursuant to division (A)(1) of section 5139.53 of the Revised Code as being authorized to arrest and who has received the training described in division (B)(1) of that section, or a peace officer, as defined in section 2935.01 of the Revised Code, may arrest the child, without a warrant, and place the child in secure detention in accordance with this section.
If a child is on supervised release or early judicial release
to department of youth services supervision, any peace
officer, as
defined in section 2935.01 of the
Revised Code, may arrest the child
without a warrant or order of apprehension if the peace officer
has reasonable grounds to believe that the child has violated or
is violating any of the following that has been prescribed by
the release authority or department of youth services relative to the
child:
(a) A condition that prohibits the child's ownership, possession, or use of a firearm, deadly weapon, ammunition, or dangerous ordnance, all as defined in section 2923.11 of the Revised Code;
(b) A condition that prohibits the child from being within a specified structure or geographic area;
(c) A condition that confines the child to a residence, facility, or other structure;
(d) A condition that prohibits the child from contacting or communicating with any specified individual;
(e) A condition that prohibits the child from associating with a specified individual;
(f) Any other rule, term, or condition governing the conduct of the child that has been prescribed by the release authority.
(2) Subject to the provision of prior notice required by division (D)(1) of this section, a staff member of the department of youth services who is designated by the director pursuant to division (A)(1) of section 5139.53 of the Revised Code and who has received the training described in division (B)(1) of that section, a peace officer, as defined in section 2935.01 of the Revised Code, or any other officer with the power to arrest may execute a warrant or order of apprehension issued under division (B)(1) of this section and take the child into secure custody.
(C) A staff member of the department of youth services who is
designated by the director of youth services pursuant to division
(A)(1) of section
5139.53 of the Revised Code and who has received the training described in
division
(B)(1) of that section, a peace officer, as defined in section
2935.01 of the Revised Code, or any
other officer with the power to arrest may arrest without a
warrant or order of apprehension and take into secure custody a child in the
legal
custody of the department, if the staff member, peace officer, or other
officer has reasonable cause to believe that the child who is on supervised
release or early judicial release to department of youth
services supervision has violated or is violating a term or
condition of the supervised
release or early judicial release in any of the following
manners:
(1) The child committed or is committing an offense or delinquent act in the presence of the staff member, peace officer, or other officer.
(2) There is probable cause to believe that the child
violated a term or condition of supervised release or early
judicial release and
that
the child is leaving or is about to leave the state.
(3) The child failed to appear before the release authority pursuant to a summons for a modification or failed to appear for a scheduled court hearing.
(4) The arrest of the child is necessary to prevent physical harm to another person or to the child.
(D)(1) Except as otherwise provided in this division, prior to arresting a child under this section, either in relation to an order of apprehension or a warrant for arrest or in any other manner authorized by this section, a staff member or employee of the department of youth services shall provide notice of the anticipated arrest to each county, municipal, or township law enforcement agency with jurisdiction over the place at which the staff member or employee anticipates making the arrest. A staff member or employee is not required to provide the notice described in this division prior to making an arrest in any emergency situation or circumstance described under division (C) of this section.
(2) If a child is arrested
under this section and if it is known that the child is on supervised release
or early judicial release to department of youth services
supervision, a juvenile court, local juvenile detention center
facility, or jail
shall notify the appropriate department of youth
services regional office that the child has been
arrested and shall provide to the regional office or
to an employee of
the department of youth services a copy of the arrest
information pertaining to the arrest.
(3) Nothing in this section limits the power to make an arrest that is granted to specified peace officers under section 2935.03 of the Revised Code, to any person under section 2935.04 of the Revised Code, or to any other specified category of persons by any other provision of the Revised Code, or the power to take a child into custody that is granted pursuant to section 2151.31 of the Revised Code.
(E) If a child who is on
supervised release or who is under a period of early judicial
release to department of youth services supervision is
arrested under an order of apprehension,
under a warrant, or without a warrant as described in division
(B)(1),
(B)(2), or
(C) of this section and taken
into secure custody, all of the following apply:
(1) If no motion to revoke the child's
supervised release or early judicial release has been filed
within seventy-two
hours after
the child is taken into secure custody, the juvenile court, in
making its determinations at a detention hearing
as to whether 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
judicial release
may be filed, may
consider, in
addition to all other evidence and information considered, the
circumstances of the child's arrest and, if the arrest was
pursuant to an order of apprehension, the order and the
application for the order.
(2) If no motion to revoke the child's supervised release or early
judicial
release
has been filed within seventy-two hours after the child is taken
into secure custody and if the child has not otherwise been
released prior to the expiration of that seventy-two-hour
period, the child shall be released upon the expiration of that
seventy-two-hour period.
(3) If the person is eighteen, nineteen, or twenty years 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 the person is under eighteen years of age, the person may be confined in secure detention in the nearest juvenile detention facility.
(4) If a motion to revoke the child's supervised release or early
judicial
release is
filed after the child has been taken into secure custody and the
court decides at the detention hearing to release the child from
secure custody, the court may release the child on the same
terms and conditions that are currently in effect regarding the
child's supervised release or early judicial release, pending
revocation or
subsequent
modification.
(F) If a child who is on supervised release is arrested under an order of apprehension, under a warrant, or without a warrant as described in division (B)(1), (B)(2), or (C) of this section and taken into secure custody, and if a motion to revoke the child's supervised release is filed, the juvenile court of the county in which the child is placed promptly shall schedule a time for a hearing on whether the child violated any of the terms and conditions of the supervised release. If a child is released on supervised release and the juvenile court of the county in which the child is placed otherwise has reason to believe that the child has not complied with the terms and conditions of the supervised release, the court of the county in which the child is placed, in its discretion, may schedule a time for a hearing on whether the child violated any of the terms and conditions of the supervised release. If the court of the county in which the child is placed on supervised release conducts a hearing and determines at the hearing that the child did not violate any term or condition of the child's supervised release, the child shall be released from custody, if the child is in custody at that time, and shall continue on supervised release under the terms and conditions that were in effect at the time of the child's arrest, subject to subsequent revocation or modification. If the court of the county in which the child is placed on supervised release conducts a hearing and determines at the hearing that the child violated one or more of the terms and conditions of the child's supervised release, the court, if it determines that the violation was a serious violation, may revoke the child's supervised release and order the child to be returned to the department of youth services for institutionalization or, in any case, may make any other disposition of the child authorized by law that the court considers proper. If the court orders the child to be returned to a department of youth services institution, the child shall remain institutionalized for a minimum period of thirty days, the department shall not reduce the minimum thirty-day period of institutionalization for any time that the child was held in secure custody subsequent to the child's arrest and pending the revocation hearing and the child's return to the department, the release authority, in its discretion, may require the child to remain in institutionalization for longer than the minimum thirty-day period, and the child is not eligible for judicial release or early release during the minimum thirty-day period of institutionalization or any period of institutionalization in excess of the minimum thirty-day period.
This division does not apply regarding a child who is under a period of
early judicial release to department of youth services
supervision. Division (D) of section 2151.38 2152.22 of
the Revised Code applies in
relation to a child who is under a period of early judicial
release to department of youth services supervision.
Sec. 5139.53. (A)(1) The
director of youth services shall designate certain employees of
the department of youth services, including regional
administrators, as persons who are authorized,
in accordance with
section 5139.52 of the Revised Code, to execute an order of
apprehension or a warrant for, or otherwise to arrest, children in the custody
of
the department who are violating or are alleged to have violated the terms and
conditions of supervised release or early judicial release to
department of youth services supervision.
(2) The director of youth services shall designate some of the employees designated under division (A)(1) of this section as employees authorized to carry a firearm issued by the department while on duty for their protection in carrying out official duties.
(B)(1) An employee of the department designated by the director pursuant to division (A)(1) of this section as having the authority to execute orders of apprehension or warrants and to arrest children as described in that division shall not undertake an arrest until the employee has successfully completed training courses regarding the making of arrests by employees of that nature that are developed in cooperation with and approved by the executive director of the Ohio peace officer training commission. The courses shall include, but shall not be limited to, training in arrest tactics, defensive tactics, the use of force, and response tactics.
(2) The director of youth services shall develop, and shall submit to the governor for the governor's approval, a deadly force policy for the department. The deadly force policy shall require each employee who is designated under division (A)(2) of this section to carry a firearm in the discharge of official duties to receive training in the use of deadly force, shall specify the number of hours and the general content of the training in the use of deadly force that each of the designated employees must receive, and shall specify the procedures that must be followed after the use of deadly force by any of the designated employees. Upon receipt of the policy developed by the director under this division, the governor, in writing, promptly shall approve or disapprove the policy. If the governor, in writing, disapproves the policy, the director shall develop and resubmit a new policy under this division, and no employee shall be trained under the disapproved policy. If the governor, in writing, approves the policy, the director shall adopt it as a department policy and shall distribute it to each employee designated under (A)(2) of this section to carry a firearm in the discharge of official duties. An employee designated by the director pursuant to division (A)(2) of this section to carry a firearm in the discharge of official duties shall not carry a firearm until the employee has successfully completed both of the following:
(a) Training in the use of deadly force that comports with the policy approved by the governor and developed and adopted by the director under division (B)(2) of this section. The training required by this division shall be conducted at a training school approved by the Ohio peace officer training commission and shall be in addition to the training described in divisions (B)(1) and (2)(b) of this section that the employee must complete prior to undertaking an arrest and separate from and independent of the training required by division (B)(2)(b) of this section.
(b) A basic firearm training program that is conducted at a training school approved by the Ohio peace officer training commission and that is substantially similar to the basic firearm training program for peace officers conducted at the Ohio peace officer training academy and has received a certificate of satisfactory completion of that program from the executive director of the Ohio peace officer training commission. The training described in this division that an employee must complete prior to carrying a firearm shall be in addition to the training described in division (B)(1) of this section that the employee must complete prior to undertaking an arrest.
(C) After receipt of a certificate of satisfactory completion of a basic firearm training program, to maintain the right to carry a firearm in the discharge of official duties, an employee authorized under this section to carry a firearm shall successfully complete a firearms requalification program in accordance with section 109.801 of the Revised Code.
(D) Each employee authorized to carry a firearm shall give bond to the state to be approved by the clerk of the court of common pleas in the county of that employee's residence. The bond shall be in the sum of one thousand dollars, conditioned to save the public harmless by reason of the unlawful use of a firearm. A person injured or the family of a person killed by the employee's improper use of a firearm may have recourse on the bond.
(E) In addition to the deadly force policy adopted under division (B)(2) of this section, the director of youth services shall establish policies for the carrying and use of firearms by the employees that the director designates under this section.
Sec. 5139.54. (A) Notwithstanding any other provision for
determining when a child
shall be released or discharged from the legal custody of the
department of youth services, including jurisdictional provisions in section
2151.38 2152.22 of the Revised Code, the release authority,
for medical
reasons, may release a child upon supervised release or
discharge the child from the custody of the department when any
of the following applies:
(1) The child is terminally ill or otherwise in imminent danger of death.
(2) The child is incapacitated due to injury, disease, illness, or other medical condition and is no longer a threat to public safety.
(3) The child appears to be a mentally ill person subject to hospitalization by court order, as defined in section 5122.01 of the Revised Code, or a mentally retarded person subject to institutionalization by court order, as defined in section 5123.01 of the Revised Code.
(B) When considering whether to release or discharge a child under this section for medical reasons, the release authority may request additional medical information about the child or may ask the department to conduct additional medical examinations.
(C) The release authority shall determine the appropriate level of supervised release for a child released under this section. The terms and conditions of the release may require periodic medical reevaluations as appropriate. Upon granting a release or discharge under this section, the release authority shall give notice of the release and its terms and conditions or of the discharge to the court that committed the child to the custody of the department.
(D) The release authority shall submit annually to the director of youth services a report that includes all of the following information for the previous calendar year:
(1) The number of children the release authority considered for medical release or discharge;
(2) The nature of the injury, disease, illness, or other medical condition of each child considered for medical release or discharge;
(3) The decision made by the release authority for each child, including the reasons for denying medical release or discharge or for granting it;
(4) The number of children on medical release who were returned to a secure facility or whose supervised release was revoked.
Sec. 5139.55. (A)(1) The office of victims' services is hereby created within the release authority of the department of youth services. The office of victims' services shall provide assistance to victims, victims' representatives, and members of a victim's family. The assistance shall include, but shall not be limited to, all of the following:
(a) If the court has provided the name and address of the victims of the child's acts to the department of youth services, notification that the child has been committed to the department, notification of the right of the victim or another authorized person to designate a person as a victim's representative under section 5139.56 of the Revised Code and of the actions that must be taken to make that designation, and notification of the right to be notified of release reviews, pending release hearings, revocation reviews, and discharge reviews related to that child and of the right to participate in release proceedings under that section and of the actions that must be taken to exercise those rights;
(b) The provision of information about the policies and procedures of the department of youth services and the status of children in the legal custody of the department.
(2) The office shall make available information to assist victims of delinquent children on supervised release or in a secure facility.
(B) The office of
victims' services shall employ a victims coordinator
administrator who shall
administer the duties of the office. The victims coordinator
administrator
shall be in the unclassified civil service and a managing
officer of the department. The office shall employ
other staff members to assist the members of the release
authority and hearing representatives in identifying victims'
issues, ensure that the release authority upholds the provisions
of section 5139.56 of the Revised Code, and make recommendations
to the release authority in accordance with policies adopted by
the department.
(C) The office of
victims' services shall coordinate its activities with the
chairperson of the release authority. The victims coordinator
administrator
and other employees of the office shall have full access to the
records of children in the legal custody of the department in accordance with
division (D) of section 5139.05 of the Revised Code.
Sec. 5705.01. As used in this chapter:
(A) "Subdivision" means any county; municipal corporation;
township; township police district; township fire district; joint
fire district; joint ambulance district; joint emergency medical services
district; fire and ambulance district; joint recreation
district; township waste disposal district; township road
district; community college district; technical college district;
detention home facility district; a district organized under
section
2151.65 of the Revised Code; a combined district organized under
sections 2151.34 2152.41 and 2151.65 of the Revised Code; a
joint-county
alcohol, drug addiction, and mental health service district; a
drainage improvement district created under section 6131.52 of
the Revised Code; a union cemetery district; a county school
financing district; or a city, local, exempted village,
cooperative education, or joint vocational school district.
(B) "Municipal corporation" means all municipal corporations, including those that have adopted a charter under Article XVIII, Ohio Constitution.
(C) "Taxing authority" or "bond issuing authority" means,
in the case of any county, the board of county commissioners; in
the case of a municipal corporation, the council or other
legislative authority of the municipal corporation; in the case
of a city, local, exempted village, cooperative education, or
joint vocational school district, the board of education; in the
case of a community college district, the board of trustees of
the district; in the case of a technical college district, the
board of trustees of the district; in the case of a detention
home facility district, a district organized under section
2151.65 of the
Revised Code, or a combined district organized under sections
2151.34 2152.41 and 2151.65 of the Revised Code, the joint
board of
county commissioners of the district; in the case of a township,
the board of township trustees; in the case of a joint fire
district, the board of fire district trustees; in the case of a
joint recreation district, the joint recreation district board of
trustees; in the case of a joint-county alcohol, drug addiction,
and mental health service district, the district's board of
alcohol, drug addiction, and mental health services; in the case
of a joint ambulance district or a fire and ambulance district, the board of
trustees of the
district; in the case of a union cemetery district, the
legislative authority of the municipal corporation and the board
of township trustees, acting jointly as described in section
759.341 of the Revised Code; in the case of a drainage
improvement district, the board of county commissioners of the
county in which the drainage district is located; in the case of a joint
emergency medical services district, the joint board of county commissioners
of all counties in which all or any part of the district lies; and in the case
of a township police district, a township fire district, a
township road district, or a township waste disposal district,
the board of township trustees of the township in which the
district is located. "Taxing authority" also means the
educational service center governing board that
serves as the taxing authority of a
county school financing district as provided in section 3311.50
of the Revised Code.
(D) "Fiscal officer" in the case of a county, means the
county auditor; in the case of a municipal corporation, the city
auditor or village clerk, or such officer as, by virtue of the
charter, has the duties and functions of the city auditor or
village clerk, except that in the case of a municipal university
the board of directors of which have assumed, in the manner
provided by law, the custody and control of the funds of the
university, the chief accounting officer of the university shall
perform, with respect to the funds, the duties vested in the
fiscal officer of the subdivision by sections 5705.41 and 5705.44
of the Revised Code; in the case of a school district, the
treasurer of the board of education; in the case of a county
school financing district, the treasurer of the educational
service center governing board that serves as the
taxing authority; in the case of a
township, the township clerk; in the case of a joint fire
district, the clerk of the board of fire district trustees; in
the case of a joint ambulance district, the clerk of the board of
trustees of the district; in the case of a joint emergency medical services
district, the person appointed as fiscal officer pursuant to division (D) of
section 307.053 of the Revised Code; in the case of a fire and ambulance
district, the person appointed as fiscal officer pursuant to division (B) of
section 505.375 of the Revised Code; in the case of a joint recreation
district, the person designated pursuant to section 755.15 of the
Revised Code; in the case of a union cemetery district, the clerk
of the municipal corporation designated in section 759.34 of the
Revised Code; in the case of a children's home district,
educational
service center, general
health district, joint-county alcohol, drug addiction, and mental
health service district, county library district, detention home
facility
district, district organized under section 2151.65 of the Revised
Code, a combined district organized under sections 2151.34
2152.41 and
2151.65 of the Revised Code, or a metropolitan park district for
which no treasurer has been appointed pursuant to section 1545.07
of the Revised Code, the county auditor of the county designated
by law to act as the auditor of the district; in the case of a
metropolitan park district which has appointed a treasurer
pursuant to section 1545.07 of the Revised Code, that treasurer;
in the case of a drainage improvement district, the auditor of
the county in which the drainage improvement district is located;
and in all other cases, the officer responsible for keeping the
appropriation accounts and drawing warrants for the expenditure
of the moneys of the district or taxing unit.
(E) "Permanent improvement" or "improvement" means any property, asset, or improvement with an estimated life or usefulness of five years or more, including land and interests therein, and reconstructions, enlargements, and extensions thereof having an estimated life or usefulness of five years or more.
(F) "Current operating expenses" and "current expenses" mean the lawful expenditures of a subdivision, except those for permanent improvements, and except payments for interest, sinking fund, and retirement of bonds, notes, and certificates of indebtedness of the subdivision.
(G) "Debt charges" means interest, sinking fund, and retirement charges on bonds, notes, or certificates of indebtedness.
(H) "Taxing unit" means any subdivision or other governmental district having authority to levy taxes on the property in the district or issue bonds that constitute a charge against the property of the district, including conservancy districts, metropolitan park districts, sanitary districts, road districts, and other districts.
(I) "District authority" means any board of directors,
trustees, commissioners, or other officers controlling a district
institution or activity that derives its income or funds from two
or more subdivisions, such as the educational
service center, the
trustees of district
children's homes, the district board of health, a joint-county
alcohol, drug addiction, and mental health service district's
board of alcohol, drug addiction, and mental health services,
detention home facility districts, a joint recreation district
board of
trustees, districts organized under section 2151.65 of the
Revised Code, combined districts organized under sections 2151.34
2152.41 and 2151.65 of the Revised Code, and other such boards.
(J) "Tax list" and "tax duplicate" mean the general tax lists and duplicates prescribed by sections 319.28 and 319.29 of the Revised Code.
(K) "Property" as applied to a tax levy means taxable property listed on general tax lists and duplicates.
(L) "School library district" means a school district in which a free public library has been established that is under the control and management of a board of library trustees as provided in section 3375.15 of the Revised Code.
Sec. 5705.19. This section does not apply to school districts or county school financing districts.
The taxing authority of any subdivision at any time and in any year, by vote of two-thirds of all the members of the taxing authority, may declare by resolution and certify the resolution to the board of elections not less than seventy-five days before the election upon which it will be voted that the amount of taxes that may be raised within the ten-mill limitation will be insufficient to provide for the necessary requirements of the subdivision and that it is necessary to levy a tax in excess of that limitation for any of the following purposes:
(A) For current expenses of the subdivision, except that
the total levy for current expenses of a detention home facility
district
or district organized under section 2151.65 of the Revised Code
shall not exceed two mills and that the total levy for current
expenses of a combined district organized under sections 2151.34
2152.41
and 2151.65 of the Revised Code shall not exceed four mills;
(B) For the payment of debt charges on certain described bonds, notes, or certificates of indebtedness of the subdivision issued subsequent to January 1, 1925;
(C) For the debt charges on all bonds, notes, and certificates of indebtedness issued and authorized to be issued prior to January 1, 1925;
(D) For a public library of, or supported by, the subdivision under whatever law organized or authorized to be supported;
(E) For a municipal university, not to exceed two mills over the limitation of one mill prescribed in section 3349.13 of the Revised Code;
(F) For the construction or acquisition of any specific permanent improvement or class of improvements that the taxing authority of the subdivision may include in a single bond issue;
(G) For the general construction, reconstruction, resurfacing, and repair of streets, roads, and bridges in municipal corporations, counties, or townships;
(H) For recreational purposes;
(I) For the purpose of providing and maintaining fire apparatus, appliances, buildings, or sites therefor, or sources of water supply and materials therefor, or the establishment and maintenance of lines of fire alarm telegraph, or the payment of permanent, part-time, or volunteer firefighters or firefighting companies to operate the same, including the payment of the firefighter employers' contribution required under section 742.34 of the Revised Code, or the purchase of ambulance equipment, or the provision of ambulance, paramedic, or other emergency medical services operated by a fire department or firefighting company;
(J) For the purpose of providing and maintaining motor vehicles, communications, and other equipment used directly in the operation of a police department, or the payment of salaries of permanent police personnel, including the payment of the police officer employers' contribution required under section 742.33 of the Revised Code, or the payment of the costs incurred by townships as a result of contracts made with other political subdivisions in order to obtain police protection, or the provision of ambulance or emergency medical services operated by a police department;
(K) For the maintenance and operation of a county home or detention facility;
(L) For community mental retardation and developmental disabilities programs and services pursuant to Chapter 5126. of the Revised Code, except that the procedure for such levies shall be as provided in section 5705.222 of the Revised Code;
(M) For regional planning;
(N) For a county's share of the cost of maintaining and
operating schools, district detention homes facilities, forestry
camps, or
other facilities, or any combination thereof, established under
section 2151.34 2152.41 or 2151.65 of the Revised Code or both
of those
sections;
(O) For providing for flood defense, providing and maintaining a flood wall or pumps, and other purposes to prevent floods;
(P) For maintaining and operating sewage disposal plants and facilities;
(Q) For the purpose of purchasing, acquiring, constructing, enlarging, improving, equipping, repairing, maintaining, or operating, or any combination of the foregoing, a county transit system pursuant to sections 306.01 to 306.13 of the Revised Code, or of making any payment to a board of county commissioners operating a transit system or a county transit board pursuant to section 306.06 of the Revised Code;
(R) For the subdivision's share of the cost of acquiring
or constructing any schools, forestry camps, detention homes
facilities, or
other facilities, or any combination thereof, under section
2151.34 2152.41 or 2151.65 of the Revised Code or both of
those sections;
(S) For the prevention, control, and abatement of air pollution;
(T) For maintaining and operating cemeteries;
(U) For providing ambulance service, emergency medical service, or both;
(V) For providing for the collection and disposal of garbage or refuse, including yard waste;
(W) For the payment of the police officer employers' contribution or the firefighter employers' contribution required under sections 742.33 and 742.34 of the Revised Code;
(X) For the construction and maintenance of a drainage improvement pursuant to section 6131.52 of the Revised Code;
(Y) For providing or maintaining senior citizens services or facilities as authorized by section 307.694, 307.85, 505.70, or 505.706 or division (EE) of section 717.01 of the Revised Code;
(Z) For the provision and maintenance of zoological park services and facilities as authorized under section 307.76 of the Revised Code;
(AA) For the maintenance and operation of a free public museum of art, science, or history;
(BB) For the establishment and operation of a 9-1-1 system, as defined in section 4931.40 of the Revised Code;
(CC) For the purpose of acquiring, rehabilitating, or developing rail property or rail service. As used in this division, "rail property" and "rail service" have the same meanings as in section 4981.01 of the Revised Code. This division applies only to a county, township, or municipal corporation.
(DD) For the purpose of acquiring property for, constructing, operating, and maintaining community centers as provided for in section 755.16 of the Revised Code;
(EE) For the creation and operation of an office or joint office of economic development, for any economic development purpose of the office, and to otherwise provide for the establishment and operation of a program of economic development pursuant to sections 307.07 and 307.64 of the Revised Code;
(FF) For the purpose of acquiring, establishing, constructing, improving, equipping, maintaining, or operating, or any combination of the foregoing, a township airport, landing field, or other air navigation facility pursuant to section 505.15 of the Revised Code;
(GG) For the payment of costs incurred by a township as a result of a contract made with a county pursuant to section 505.263 of the Revised Code in order to pay all or any part of the cost of constructing, maintaining, repairing, or operating a water supply improvement;
(HH) For a board of township trustees to acquire, other than by appropriation, an ownership interest in land, water, or wetlands, or to restore or maintain land, water, or wetlands in which the board has an ownership interest, not for purposes of recreation, but for the purposes of protecting and preserving the natural, scenic, open, or wooded condition of the land, water, or wetlands against modification or encroachment resulting from occupation, development, or other use, which may be styled as protecting or preserving "greenspace" in the resolution, notice of election, or ballot form;
(II) For the support by a county of a crime victim assistance program that is provided and maintained by a county agency or a private, nonprofit corporation or association under section 307.62 of the Revised Code;
(JJ) For any or all of the purposes set forth in divisions (I) and (J) of this section. This division applies only to a township.
(KK) For a countywide public safety communications system under section 307.63 of the Revised Code. This division applies only to counties.
(LL) For the support by a county of criminal justice services under section 307.45 of the Revised Code;
(MM) For the purpose of maintaining and operating a jail or other detention facility as defined in section 2921.01 of the Revised Code;
(NN) For purchasing, maintaining, or improving, or any combination of the foregoing, real estate on which to hold agricultural fairs. This division applies only to a county.
(OO) For constructing, rehabilitating, repairing, or maintaining sidewalks, walkways, trails, bicycle pathways, or similar improvements, or acquiring ownership interests in land necessary for the foregoing improvements, by a board of township trustees;
(PP) For both of the purposes set forth in divisions (G) and (OO) of this section. This division applies only to a township.
(QQ) For both of the purposes set forth in divisions (H) and (HH) of this section. This division applies only to a township.
(RR) For the legislative authority of a municipal corporation, board of county commissioners of a county, or board of township trustees of a township to acquire agricultural easements, as defined in section 5301.67 of the Revised Code, and to supervise and enforce the easements.
The resolution shall be confined to the purpose or purposes described in one division of this section, to which the revenue derived therefrom shall be applied. The existence in any other division of this section of authority to levy a tax for any part or all of the same purpose or purposes does not preclude the use of such revenues for any part of the purpose or purposes of the division under which the resolution is adopted.
The resolution shall specify the amount of the increase in rate that it is necessary to levy, the purpose of that increase in rate, and the number of years during which the increase in rate shall be in effect, which may or may not include a levy upon the duplicate of the current year. The number of years may be any number not exceeding five, except as follows:
(1) When the additional rate is for the payment of debt charges, the increased rate shall be for the life of the indebtedness.
(2) When the additional rate is for any of the following, the increased rate shall be for a continuing period of time:
(a) For the current expenses for a detention home facility
district, a district organized under section 2151.65 of the
Revised Code, or a combined district organized under sections
2151.34 2152.41 and 2151.65 of the Revised Code;
(b) For providing a county's share of the cost of
maintaining and operating schools, district detention homes
facilities, forestry camps, or other facilities, or any combination
thereof,
established under section 2151.34 2152.41 or 2151.65 of the
Revised Code
or under both of those sections.
(3) When the additional rate is for any of the following, the increased rate may be for a continuing period of time:
(a) For the purposes set forth in division (I), (J), (U), or (KK) of this section;
(b) For the maintenance and operation of a joint recreation district;
(c) A levy imposed by a township for the purposes set forth in division (G) of this section.
(4) When the increase is for the purpose set forth in division (D) or (CC) of this section or for both of the purposes set forth in divisions (G) and (OO) of this section, the tax levy may be for any specified number of years or for a continuing period of time, as set forth in the resolution.
(5) When the additional rate is for the purpose described in division (Z) of this section, the increased rate shall be for any number of years not exceeding ten.
A levy for the purposes set forth in division (I), (J), or (U) of this section, and a levy imposed by a township for the purposes set forth in division (G) of this section, may be reduced pursuant to section 5705.261 or 5705.31 of the Revised Code. A levy for the purposes set forth in division (I), (J), or (U) of this section, and a levy imposed by a township for the purposes set forth in division (G) of this section, may also be terminated or permanently reduced by the taxing authority if it adopts a resolution stating that the continuance of the levy is unnecessary and the levy shall be terminated or that the millage is excessive and the levy shall be decreased by a designated amount.
A resolution of a detention home facility district, a district
organized under section 2151.65 of the Revised Code, or a
combined district organized under both sections 2151.34
2152.41 and 2151.65 of the Revised Code may include both current
expenses and
other purposes, provided that the resolution shall apportion the
annual rate of levy between the current expenses and the other
purpose or purposes. The apportionment need not be the same for
each year of the levy, but the respective portions of the rate
actually levied each year for the current expenses and the other
purpose or purposes shall be limited by the apportionment.
Whenever a board of county commissioners, acting either as the taxing authority of its county or as the taxing authority of a sewer district or subdistrict created under Chapter 6117. of the Revised Code, by resolution declares it necessary to levy a tax in excess of the ten-mill limitation for the purpose of constructing, improving, or extending sewage disposal plants or sewage systems, the tax may be in effect for any number of years not exceeding twenty, and the proceeds of the tax, notwithstanding the general provisions of this section, may be used to pay debt charges on any obligations issued and outstanding on behalf of the subdivision for the purposes enumerated in this paragraph, provided that any such obligations have been specifically described in the resolution.
The resolution shall go into immediate effect upon its passage, and no publication of the resolution is necessary other than that provided for in the notice of election.
When the electors of a subdivision have approved a tax levy under this section, the taxing authority of the subdivision may anticipate a fraction of the proceeds of the levy and issue anticipation notes in accordance with section 5705.191 or 5705.193 of the Revised Code.
SECTION 4 . That existing sections 109.42, 109.54, 109.573, 133.01, 181.22, 307.02, 307.022, 329.05, 2151.01, 2151.011, 2151.022, 2151.07, 2151.08, 2151.10, 2151.11, 2151.12, 2151.14, 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, 2151.313, 2151.314, 2151.315, 2151.34, 2151.341, 2151.343, 2151.35, 2151.352, 2151.354, 2151.356, 2151.357, 2151.358, 2151.359, 2151.3510, 2151.3511, 2151.36, 2151.38, 2151.47, 2151.62, 2151.65, 2151.651, 2151.652, 2151.655, 2151.78, 2151.79, 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, 2923.44, 2923.45, 2925.42, 2925.43, 2929.01, 2929.12, 2929.23, 2930.12, 2930.13, 2938.02, 2941.141, 2941.142, 2941.144, 2941.145, 2941.146, 3109.41, 3301.121, 3313.66, 3321.19, 3321.22, 3730.07, 3730.99, 4109.08, 5103.03, 5120.16, 5120.172, 5139.01, 5139.02, 5139.04, 5139.05, 5139.06, 5139.07, 5139.11, 5139.18, 5139.191, 5139.20, 5139.27, 5139.271, 5139.281, 5139.29, 5139.31, 5139.32, 5139.35, 5139.41, 5139.50, 5139.51, 5139.52, 5139.53, 5139.54, 5139.55, 5705.01, and 5705.19 and sections 2151.02, 2151.021, 2151.342, 2151.344, 2151.345, 2151.346, 2151.347, 2151.348, 2151.349, 2151.3410, 2151.3411, 2151.3412, 2151.3413, 2151.3414, 2151.3415, 2151.3416, 2151.355, 2151.3512, 2151.411, 2151.45, 2151.46, 2151.48, 2151.51, and 5139.24 of the Revised Code are hereby repealed.
SECTION 5 . Sections 3 and 4 of this act shall take effect on January 1, 2002.
SECTION 6 . The General Assembly hereby encourages the Supreme Court to amend the Juvenile Rules to be consistent with the changes in the Juvenile Laws pertaining to delinquent children, particularly the laws relating to serious youthful offender dispositional sentences.
The General Assembly hereby encourages the Supreme Court to amend Rule 29(C) to permit "no contest" pleas in juvenile traffic offender and non-traffic cases with the consent of the juvenile court in a manner similar to Criminal Rule 11. Children paying fines to juvenile traffic violations bureaus should be required to admit guilt, with parental knowledge.
The General Assembly hereby encourages the Supreme Court to amend the Rules for the Government of the Judiciary of Ohio or other appropriate rules, or to take other appropriate action, to encourage cooperation between divisions of the courts of common pleas to better implement this act, including, but not limited to, the provisions of this act authorizing, in specified circumstances, jury trials in juvenile courts.
SECTION 7 . The General Assembly hereby encourages the Supreme Court to make the following amendments to the Traffic Rules:
(A) Amend Traffic Rule 2 to exclude juvenile courts from the definition of "court";
(B) Amend Traffic Rule 13 to authorize juvenile courts to create violations bureaus for the payment of tickets that involve first offense minor misdemeanor traffic offenses that did not result in an accident.
SECTION 8 . The General Assembly hereby encourages the Supreme Court to take appropriate action to collect data from each juvenile court in this state on both the number of alleged delinquent children for whom a serious youthful offender dispositional sentence is sought pursuant to section 2152.13 of the Revised Code and the number of jury trials held in the juvenile courts annually as a result of serious youthful offender dispositional sentences being sought for alleged delinquent children, and to prepare and submit to the General Assembly a report containing the data so collected.
SECTION 9 . The Governor's Council on Juvenile Justice shall conduct, or cause to be conducted, an evaluation of the racial composition of delinquent children committed to the Department of Youth Services. The evaluation shall focus on the changes to the Revised Code made by this act as related to recent sentencing trends for delinquent children. The evaluation shall consider the composition of the institutional population of the Department from the establishment of the RECLAIM Ohio program through four years after the effective date of Sections 3 and 4 of this act. After concluding the evaluation, the Council shall submit a report detailing the results of the evaluation to the Governor, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the President of the Senate, the Minority Leader of the Senate, the Chairperson of the Legislative Black Caucus, and the Director of the Department of Youth Services.
SECTION 10 . The General Assembly hereby states its intention to do the following in the remainder of the 123rd General Assembly and in the 124th General Assembly:
(A) Address the issue of competency in juvenile proceedings and its various aspects;
(B) Review and continue to support the RECLAIM Ohio program and the alternative schools program;
(C) Review and address the anticipated costs of implementing this act.
SECTION 11 . Section 2151.011 of the Revised Code is presented in this act as a composite of the section as amended by Sub. H.B. 332, Sub. H.B. 448, and Am. Sub. S.B. 181, all of the 123rd General Assembly, with the new language of none of the acts shown in capital letters. Section 2151.23 of the Revised Code is presented in this act as a composite of the section as amended by both Sub. H.B. 583 and Am. Sub. S.B. 181 of the 123rd General Assembly, with the new language of neither of the acts shown in capital letters. Section 2151.31 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. H.B. 3 and Sub. H.B. 176 of the 123rd General Assembly, with the new language of neither of the acts shown in capital letters. Section 2151.312 of the Revised Code is presented in this act as a composite of the section as amended by Sub. H.B. 332, Sub. H.B. 448, and Am. Sub. S.B. 181, all of the 123rd General Assembly, with the new language of none of the acts shown in capital letters. Section 2923.36 of the Revised Code is presented in this act as a composite of the section as amended by both Sub. H.B. 266 and Sub. H.B. 506 of the 118th General Assembly, with the new language of neither of the acts shown in capital letters. Section 2929.01 of the Revised Code is presented in this act as a composite of the section as amended by Am. Sub. H.B. 349, Am. S.B. 9, Am. Sub. S.B. 22, and Am. Sub. S.B. 107 of the 123rd General Assembly, with the new language of none of the acts shown in capital letters. Section 2929.12 of the Revised Code is presented in this act as a composite of the section as amended by both Am. S.B. 9 and Am. Sub. S.B. 107 of the 123rd General Assembly, with the new language of neither of the acts shown in capital letters. Section 5139.07 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. H.B. 1 and Am. Sub. H.B. 215 of the 122nd General Assembly, with the new language of neither of the acts shown in capital letters. This is in recognition of the principle stated in division (B) of section 1.52 of the Revised Code that such amendments are to be harmonized where not substantively irreconcilable and constitutes a legislative finding that such is the resulting version in effect prior to the effective date of this act.