REPRESENTATIVES Core, Willamowski, Webster, Seitz, Williams, Jerse, Otterman, Latta, DePiero, Coates, Lendrum

To amend sections 2151.14, 2152.18, 2152.19, 2152.71,

1

and 2951.03 of the Revised Code, effective January

2

1, 2002, to ensure that prior delinquent child

3

adjudication and disposition records are available

4

for use in preparing presentence investigation

5

reports for persons convicted of a criminal

6

offense.

7

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2151.14, 2152.18, 2152.19, 2152.71,	8
and 2951.03 of the Revised Code be amended to read as follows:	9

Sec. 2151.14.  (A) The chief probation officer, under the	10
direction of the juvenile judge, shall have charge of the work of	11
the probation department. The department shall make any	12
investigations that the judge directs, keep a written record of	13
the investigations, and submit the record to the judge or deal	14
with them as the judge directs. The department shall furnish to	15
any person placed on community control a statement of the	16
conditions of community control and shall instruct the person	17
regarding them. The department shall keep informed concerning the	18
conduct and condition of each person under its supervision and	19
shall report on their conduct and condition to the judge as the	20
judge directs. Each probation officer shall use all suitable	21
methods to aid persons on community control and to bring about	22
improvement in their conduct and condition. The department shall	23
keep full records of its work, keep accurate and complete accounts	24
of money collected from persons under its supervision, give	25
receipts for the money, and make reports on the money as the judge	26
directs.	27

(B) Except as provided in this division or in division (C)	28
or (D) of this section, the reports and records of the department	29
shall be considered confidential information and shall not be made	30
public. If an officer is preparing pursuant to section 2947.06 or	31
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	32
investigation report pertaining to a person, the department shall	33
make available to the officer, for use in preparing the report,	34
any reports and records it possesses regarding any adjudications	35
of that person as a delinquent child or regarding the dispositions	36
made relative to those adjudications. A probation officer may	37
serve the process of the court within or without the county, make	38
arrests without warrant upon reasonable information or upon view	39
of the violation of this chapter or Chapter 2152. of the Revised	40
Code, detain the person arrested pending the issuance of a	41
warrant, and perform any other duties, incident to the office,	42
that the judge directs. All sheriffs, deputy sheriffs,	43
constables, marshals, deputy marshals, chiefs of police, municipal	44
corporation and township police officers, and other peace officers	45
shall render assistance to probation officers in the performance	46
of their duties when requested to do so by any probation officer.	47

(C) When a complaint has been filed alleging that a child is	48
delinquent by reason of having committed an act that would	49
constitute a violation of section 2907.02, 2907.03, 2907.05, or	50
2907.06 of the Revised Code if committed by an adult and the	51
arresting authority, a court, or a probation officer discovers	52
that the child or a person whom the child caused to engage in	53
sexual activity, as defined in section 2907.01 of the Revised	54
Code, has a communicable disease, the arresting authority, court,	55
or probation officer immediately shall notify the victim of the	56
delinquent act of the nature of the disease.	57

(D)(1) In accordance with division (D)(2) of this section,	58
subject to the limitation specified in division (D)(4) of this	59
section, and in connection with a disposition pursuant to section	60
2151.354 of the Revised Code when a child has been found to be an	61
unruly child, a disposition pursuant to sections 2152.19 and	62
2152.20 of the Revised Code when a child has been found to be a	63
delinquent child, or a disposition pursuant to sections 2156.20	64
and 2152.21 of the Revised Code when a child has been found to be	65
a juvenile traffic offender, the court may issue an order	66
requiring boards of education, governing bodies of chartered	67
nonpublic schools, public children services agencies, private	68
child placing agencies, probation departments, law enforcement	69
agencies, and prosecuting attorneys that have records related to	70
the child in question to provide copies of one or more specified	71
records, or specified information in one or more specified	72
records, that the individual or entity has with respect to the	73
child to any of the following individuals or entities that request	74
the records in accordance with division (D)(3)(a) of this section:	75

(a) The child;

76

(b) The attorney or guardian ad litem of the child;

77

(c) A parent, guardian, or custodian of the child;

78

(d) A prosecuting attorney;

79

(e) A board of education of a public school district;

80

(f) A probation department of a juvenile court;

81

(g) A public children services agency or private child	82
placing agency that has custody of the child, is providing	83
services to the child or the child's family, or is preparing a	84
social history or performing any other function for the juvenile	85
court;	86

(h) The department of youth services when the department has	87
custody of the child or is performing any services for the child	88
that are required by the juvenile court or by statute;	89

(i) The individual in control of a juvenile detention or	90
rehabilitation facility to which the child has been committed;	91

(j) An employee of the juvenile court that found the child	92
to be an unruly child, a delinquent child, or a juvenile traffic	93
offender;	94

(k) Any other entity that has custody of the child or is	95
providing treatment, rehabilitation, or other services for the	96
child pursuant to a court order, statutory requirement, or other	97
arrangement.	98

(2) Any individual or entity listed in divisions (D)(1)(a)	99
to (k) of this section may file a motion with the court that	100
requests the court to issue an order as described in division	101
(D)(1) of this section. If such a motion is filed, the court	102
shall conduct a hearing on it. If at the hearing the movant	103
demonstrates a need for one or more specified records, or for	104
information in one or more specified records, related to the child	105
in question and additionally demonstrates the relevance of the	106
information sought to be obtained from those records, and if the	107
court determines that the limitation specified in division (D)(4)	108
of this section does not preclude the provision of a specified	109
record or specified information to the movant, then the court may	110
issue an order to a designated individual or entity to provide the	111
movant with copies of one or more specified records or with	112
specified information contained in one or more specified records.	113

(3)(a) Any individual or entity that is authorized by an	114
order issued pursuant to division (D)(1) of this section to obtain	115
copies of one or more specified records, or specified information,	116
related to a particular child may file a written request for	117
copies of the records or for the information with any individual	118
or entity required by the order to provide copies of the records	119
or the information. The request shall be in writing, describe the	120
type of records or the information requested, explain the need for	121
the records or the information, and be accompanied by a copy of	122
the order.	123

(b) If an individual or entity that is required by an order	124
issued pursuant to division (D)(1) of this section to provide one	125
or more specified records, or specified information, related to a	126
child receives a written request for the records or information in	127
accordance with division (D)(3)(a) of this section, the individual	128
or entity immediately shall comply with the request to the extent	129
it is able to do so, unless the individual or entity determines	130
that it is unable to comply with the request because it is	131
prohibited by law from doing so, or unless the requesting	132
individual or entity does not have authority to obtain the	133
requested records or information. If the individual or entity	134
determines that it is unable to comply with the request, it shall	135
file a motion with the court that issued the order requesting the	136
court to determine the extent to which it is required to comply	137
with the request for records or information. Upon the filing of	138
the motion, the court immediately shall hold a hearing on the	139
motion, determine the extent to which the movant is required to	140
comply with the request for records or information, and issue	141
findings of fact and conclusions of law in support of its	142
determination. The determination of the court shall be final. If	143
the court determines that the movant is required to comply with	144
the request for records or information, it shall identify the	145
specific records or information that must be supplied to the	146
individual or entity that requested the records or information.	147

(c) If an individual or entity is required to provide copies	148
of one or more specified records pursuant to division (D) of this	149
section, the individual or entity may charge a fee for the copies	150
that does not exceed the cost of supplying them.	151

(4) Division (D) of this section does not require,	152
authorize, or permit the dissemination of any records or any	153
information contained in any records if the dissemination of the	154
records or information generally is prohibited by any provision of	155
the Revised Code and a specific provision of the Revised Code does	156
not specifically authorize or permit the dissemination of the	157
records or information pursuant to division (D) of this section.	158

Sec. 2152.18.  (A) When a juvenile court commits a	159
delinquent child to the custody of the department of youth	160
services pursuant to this chapter, the court shall not designate	161
the specific institution in which the department is to place the	162
child but instead shall specify that the child is to be	163
institutionalized in a secure facility.	164

(B) When a juvenile court commits a delinquent child to the	165
custody of the department of youth services pursuant to this	166
chapter, the court shall state in the order of commitment the	167
total number of days that the child has been held in detention in	168
connection with the delinquent child complaint upon which the	169
order of commitment is based. The department shall reduce the	170
minimum period of institutionalization that was ordered by both	171
the total number of days that the child has been so held in	172
detention as stated by the court in the order of commitment and	173
the total number of any additional days that the child has been	174
held in detention subsequent to the order of commitment but prior	175
to the transfer of physical custody of the child to the	176
department.	177

(C)(1) When a juvenile court commits a delinquent child to	178
the custody of the department of youth services pursuant to this	179
chapter, the court shall provide the department with the child's	180
medical records, a copy of the report of any mental examination of	181
the child ordered by the court, the Revised Code section or	182
sections the child violated and the degree of each violation, the	183
warrant to convey the child to the department, a copy of the	184
court's journal entry ordering the commitment of the child to the	185
legal custody of the department, a copy of the arrest record	186
pertaining to the act for which the child was adjudicated a	187
delinquent child, a copy of any victim impact statement pertaining	188
to the act, and any other information concerning the child that	189
the department reasonably requests. The court also shall complete	190
the form for the standard predisposition investigation report that	191
the department furnishes pursuant to section 5139.04 of the	192
Revised Code and provide the department with the completed form.	193

The department may refuse to accept physical custody of a	194
delinquent child who is committed to the legal custody of the	195
department until the court provides to the department the	196
documents specified in this division. No officer or employee of	197
the department who refuses to accept physical custody of a	198
delinquent child who is committed to the legal custody of the	199
department shall be subject to prosecution or contempt of court	200
for the refusal if the court fails to provide the documents	201
specified in this division at the time the court transfers the	202
physical custody of the child to the department.	203

(2) Within twenty working days after the department of youth	204
services receives physical custody of a delinquent child from a	205
juvenile court, the court shall provide the department with a	206
certified copy of the child's birth certificate and the child's	207
social security number or, if the court made all reasonable	208
efforts to obtain the information but was unsuccessful, with	209
documentation of the efforts it made to obtain the information.	210

(3) If an officer is preparing pursuant to section 2947.06	211
or 2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	212
investigation report pertaining to a person, the department shall	213
make available to the officer, for use in preparing the report,	214
any records or reports it possesses regarding that person that it	215
received from a juvenile court pursuant to division (C)(1) of this	216
section or that pertain to the treatment of that person after the	217
person was committed to the custody of the department as a	218
delinquent child.	219

(D)(1) Within ten days after an adjudication that a child is	220
a delinquent child, the court shall give written notice of the	221
adjudication to the superintendent of a city, local, exempted	222
village, or joint vocational school district, and to the principal	223
of the school the child attends, if the basis of the adjudication	224
was the commission of an act that would be a criminal offense if	225
committed by an adult, if the act was committed by the delinquent	226
child when the child was fourteen years of age or older, and if	227
the act is any of the following:	228

(a) An act that would be a felony or an offense of violence	229
if committed by an adult, an act in the commission of which the	230
child used or brandished a firearm, or an act that is a violation	231
of section 2907.06, 2907.07, 2907.08, 2907.09, 2907.24, or	232
2907.241 of the Revised Code and that would be a misdemeanor if	233
committed by an adult;	234

(b) A violation of section 2923.12 of the Revised Code or of	235
a substantially similar municipal ordinance that would be a	236
misdemeanor if committed by an adult and that was committed on	237
property owned or controlled by, or at an activity held under the	238
auspices of, the board of education of that school district;	239

(c) A violation of division (A) of section 2925.03 or	240
2925.11 of the Revised Code that would be a misdemeanor if	241
committed by an adult, that was committed on property owned or	242
controlled by, or at an activity held under the auspices of, the	243
board of education of that school district, and that is not a	244
minor drug possession offense;	245

(d) An act that would be a criminal offense if committed by	246
an adult and that results in serious physical harm to persons or	247
serious physical harm to property while the child is at school, on	248
any other property owned or controlled by the board, or at an	249
interscholastic competition, an extracurricular event, or any	250
other school program or activity;	251

(e) Complicity in any violation described in division	252
(D)(1)(a), (b), (c), or (d) of this section that was alleged to	253
have been committed in the manner described in division (D)(1)(a),	254
(b), (c), or (d) of this section, regardless of whether the act of	255
complicity was committed on property owned or controlled by, or at	256
an activity held under the auspices of, the board of education of	257
that school district.	258

(2) The notice given pursuant to division (K)(1) of this	259
section shall include the name of the child who was adjudicated to	260
be a delinquent child, the child's age at the time the child	261
committed the act that was the basis of the adjudication, and	262
identification of the violation of the law or ordinance that was	263
the basis of the adjudication.	264

(3) Within fourteen days after committing a delinquent child	265
to the custody of the department of youth services, the court	266
shall give notice to the school attended by the child of the	267
child's commitment by sending to that school a copy of the court's	268
journal entry ordering the commitment. As soon as possible after	269
receipt of the notice described in this division, the school shall	270
provide the department with the child's school transcript.	271
However, the department shall not refuse to accept a child	272
committed to it, and a child committed to it shall not be held in	273
a county or district detention facility, because of a school's	274
failure to provide the school transcript that it is required to	275
provide under this division.	276

(4) Within fourteen days after releasing a child from an	277
institution under its control, the department of youth services	278
shall provide the court and the school with an updated copy of the	279
child's school transcript and a summary of the institutional	280
record of the child. The department also shall provide the court	281
with a copy of any portion of the child's institutional record	282
that the court specifically requests, within five working days of	283
the request.	284

(E) At any hearing at which a child is adjudicated a	285
delinquent child or as soon as possible after the hearing, the	286
court shall notify all victims of the delinquent act who may be	287
entitled to a recovery under any of the following sections of the	288
right of the victims to recover, pursuant to section 3109.09 of	289
the Revised Code, compensatory damages from the child's parents;	290
of the right of the victims to recover, pursuant to section	291
3109.10 of the Revised Code, compensatory damages from the child's	292
parents for willful and malicious assaults committed by the child;	293
and of the right of the victims to recover an award of reparations	294
pursuant to sections 2743.51 to 2743.72 of the Revised Code.	295

Sec. 2152.19.  (A) If a child is adjudicated a delinquent	296
child, the court may make any of the following orders of	297
disposition, in addition to any other disposition authorized or	298
required by this chapter:	299

(1) Any order that is authorized by section 2151.353 of the	300
Revised Code for the care and protection of an abused, neglected,	301
or dependent child.;	302

(2) Commit the child to the temporary custody of any school,	303
camp, institution, or other facility operated for the care of	304
delinquent children by the county, by a district organized under	305
section 2152.41 or 2151.65 of the Revised Code, or by a private	306
agency or organization, within or without the state, that is	307
authorized and qualified to provide the care, treatment, or	308
placement required;	309

(3) Place the child on community control under any	310
sanctions, services, and conditions that the court prescribes. As	311
a condition of community control in every case and in addition to	312
any other condition that it imposes upon the child, the court	313
shall require the child to abide by the law during the period of	314
community control. As referred to in this division, community	315
control includes, but is not limited to, the following sanctions	316
and conditions:	317

(a) A period of basic probation supervision in which the	318
child is required to maintain contact with a person appointed to	319
supervise the child in accordance with sanctions imposed by the	320
court;	321

(b) A period of intensive probation supervision in which the	322
child is required to maintain frequent contact with a person	323
appointed by the court to supervise the child while the child is	324
seeking or maintaining employment and participating in training,	325
education, and treatment programs as the order of disposition;	326

(c) A period of day reporting in which the child is required	327
each day to report to and leave a center or another approved	328
reporting location at specified times in order to participate in	329
work, education or training, treatment, and other approved	330
programs at the center or outside the center;	331

(d) A period of community service of up to five hundred	332
hours for an act that would be a felony or a misdemeanor of the	333
first degree if committed by an adult, up to two hundred hours for	334
an act that would be a misdemeanor of the second, third, or fourth	335
degree if committed by an adult, or up to thirty hours for an act	336
that would be a minor misdemeanor if committed by an adult;	337

(e) A requirement that the child obtain a high school	338
diploma, a certificate of high school equivalence, vocational	339
training, or employment;	340

(f) A period of drug and alcohol use monitoring;

341

(g) A requirement of alcohol or drug assessment or	342
counseling, or a period in an alcohol or drug treatment program	343
with a level of security for the child as determined necessary by	344
the court;	345

(h) A period in which the court orders the child to observe	346
a curfew that may involve daytime or evening hours;	347

(i) A requirement that the child serve monitored time;

348

(j) A period of house arrest with or without electronic	349
monitoring;	350

(k) A period of electronic monitoring without house arrest or	351
electronically monitored house arrest that does not exceed the	352
maximum sentence of imprisonment that could be imposed upon an	353
adult who commits the same act.	354

A period of electronically monitored house arrest imposed	355
under this division shall not extend beyond the child's	356
twenty-first birthday. If a court imposes a period of	357
electronically monitored house arrest upon a child under this	358
division, it shall require the child: to wear, otherwise have	359
attached to the child's person, or otherwise be subject to	360
monitoring by a certified electronic monitoring device or to	361
participate in the operation of and monitoring by a certified	362
electronic monitoring system; to remain in the child's home or	363
other specified premises for the entire period of electronically	364
monitored house arrest except when the court permits the child to	365
leave those premises to go to school or to other specified	366
premises; to be monitored by a central system that can determine	367
the child's location at designated times; to report periodically	368
to a person designated by the court; and to enter into a written	369
contract with the court agreeing to comply with all requirements	370
imposed by the court, agreeing to pay any fee imposed by the court	371
for the costs of the electronically monitored house arrest, and	372
agreeing to waive the right to receive credit for any time served	373
on electronically monitored house arrest toward the period of any	374
other dispositional order imposed upon the child if the child	375
violates any of the requirements of the dispositional order of	376
electronically monitored house arrest. The court also may impose	377
other reasonable requirements upon the child.	378

Unless ordered by the court, a child shall not receive credit	379
for any time served on electronically monitored house arrest	380
toward any other dispositional order imposed upon the child for	381
the act for which was imposed the dispositional order of	382
electronically monitored house arrest.	383

(l) A suspension of the driver's license, probationary	384
driver's license, or temporary instruction permit issued to the	385
child or a suspension of the registration of all motor vehicles	386
registered in the name of the child. A child whose license or	387
permit is so suspended is ineligible for issuance of a license or	388
permit during the period of suspension. At the end of the period	389
of suspension, the child shall not be reissued a license or permit	390
until the child has paid any applicable reinstatement fee and	391
complied with all requirements governing license reinstatement.	392

(4) Commit the child to the custody of the court;

393

(5) Require the child to not be absent without legitimate	394
excuse from the public school the child is supposed to attend for	395
five or more consecutive days, seven or more school days in one	396
school month, or twelve or more school days in a school year;	397

(6)(a) If a child is adjudicated a delinquent child for	398
being a chronic truant or an habitual truant who previously has	399
been adjudicated an unruly child for being a habitual truant, do	400
either or both of the following:	401

(i) Require the child to participate in a truancy prevention	402
mediation program;	403

(ii) Make any order of disposition as authorized by this	404
section, except that the court shall not commit the child to a	405
facility described in division (A)(2) of this section unless the	406
court determines that the child violated a lawful court order made	407
pursuant to division (C)(1)(e) of section 2151.354 of the Revised	408
Code or division (A)(5) of this section.	409

(b) If a child is adjudicated a delinquent child for being a	410
chronic truant or a habitual truant who previously has been	411
adjudicated an unruly child for being a habitual truant and the	412
court determines that the parent, guardian, or other person having	413
care of the child has failed to cause the child's attendance at	414
school in violation of section 3321.38 of the Revised Code, do	415
either or both of the following:	416

(i) Require the parent, guardian, or other person having	417
care of the child to participate in a truancy prevention mediation	418
program;	419

(ii) Require the parent, guardian, or other person having	420
care of the child to participate in any community service program,	421
preferably a community service program that requires the	422
involvement of the parent, guardian, or other person having care	423
of the child in the school attended by the child.	424

(7) Make any further disposition that the court finds	425
proper, except that the child shall not be placed in any of the	426
following:	427

(a) A state correctional institution, a county, multicounty,	428
or municipal jail or workhouse, or another place in which an adult	429
convicted of a crime, under arrest, or charged with a crime is	430
held;	431

(b) A community corrections facility, if the child would be	432
covered by the definition of public safety beds for purposes of	433
sections 5139.41 to 5139.45 of the Revised Code if the court	434
exercised its authority to commit the child to the legal custody	435
of the department of youth services for institutionalization or	436
institutionalization in a secure facility pursuant to this	437
chapter.	438

(B) If a child is adjudicated a delinquent child, in	439
addition to any order of disposition made under division (A) of	440
this section, the court, in the following situations, shall	441
suspend the child's temporary instruction permit, restricted	442
license, probationary driver's license, or nonresident operating	443
privilege, or suspend the child's ability to obtain such a permit:	444

(1) The child is adjudicated a delinquent child for	445
violating section 2923.122 of the Revised Code, with the	446
suspension and denial being in accordance with division (E)(1)(a),	447
(c), (d), or (e) of section 2923.122 of the Revised Code.	448

(2) The child is adjudicated a delinquent child for	449
committing an act that if committed by an adult would be a drug	450
abuse offense or for violating division (B) of section 2917.11 of	451
the Revised Code, with the suspension continuing until the child	452
attends and satisfactorily completes a drug abuse or alcohol abuse	453
education, intervention, or treatment program specified by the	454
court. During the time the child is attending the program, the	455
court shall retain any temporary instruction permit, probationary	456
driver's license, or driver's license issued to the child, and the	457
court shall return the permit or license when the child	458
satisfactorily completes the program.	459

(C) The court may establish a victim-offender mediation	460
program in which victims and their offenders meet to discuss the	461
offense and suggest possible restitution. If the court obtains	462
the assent of the victim of the delinquent act committed by the	463
child, the court may require the child to participate in the	464
program.	465

(D)(1) If a child is adjudicated a delinquent child for	466
committing an act that would be a felony if committed by an adult	467
and if the child caused, attempted to cause, threatened to cause,	468
or created a risk of physical harm to the victim of the act, the	469
court, prior to issuing an order of disposition under this	470
section, shall order the preparation of a victim impact statement	471
by the probation department of the county in which the victim of	472
the act resides, by the court's own probation department, or by a	473
victim assistance program that is operated by the state, a county,	474
a municipal corporation, or another governmental entity. The court	475
shall consider the victim impact statement in determining the	476
order of disposition to issue for the child.	477

(2) Each victim impact statement shall identify the victim	478
of the act for which the child was adjudicated a delinquent child,	479
itemize any economic loss suffered by the victim as a result of	480
the act, identify any physical injury suffered by the victim as a	481
result of the act and the seriousness and permanence of the	482
injury, identify any change in the victim's personal welfare or	483
familial relationships as a result of the act and any	484
psychological impact experienced by the victim or the victim's	485
family as a result of the act, and contain any other information	486
related to the impact of the act upon the victim that the court	487
requires.	488

(3) A victim impact statement shall be kept confidential and	489
is not a public record. However, the court may furnish copies of	490
the statement to the department of youth services if the	491
delinquent child is committed to the department or to both the	492
adjudicated delinquent child or the adjudicated delinquent child's	493
counsel and the prosecuting attorney. The copy of a victim impact	494
statement furnished by the court to the department pursuant to	495
this section shall be kept confidential and is not a public	496
record. If an officer is preparing pursuant to section 2947.06 or	497
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	498
investigation report pertaining to a person, the court shall make	499
available to the officer, for use in preparing the report, a copy	500
of any victim impact statement regarding that person. The copies	501
of a victim impact statement that are made available to the	502
adjudicated delinquent child or the adjudicated delinquent child's	503
counsel and the prosecuting attorney pursuant to this division	504
shall be returned to the court by the person to whom they were	505
made available immediately following the imposition of an order of	506
disposition for the child under this chapter.	507

The copy of a victim impact statement that is made available	508
pursuant to this division to an officer preparing a criminal	509
presentence investigation report shall be returned to the court by	510
the officer immediately following its use in preparing the report.	511

(4) The department of youth services shall work with local	512
probation departments and victim assistance programs to develop a	513
standard victim impact statement.	514

(E) If a child is adjudicated a delinquent child for being a	515
chronic truant or an habitual truant who previously has been	516
adjudicated an unruly child for being an habitual truant and the	517
court determines that the parent, guardian, or other person having	518
care of the child has failed to cause the child's attendance at	519
school in violation of section 3321.38 of the Revised Code, in	520
addition to any order of disposition it makes under this section,	521
the court shall warn the parent, guardian, or other person having	522
care of the child that any subsequent adjudication of the child as	523
an unruly or delinquent child for being an habitual or chronic	524
truant may result in a criminal charge against the parent,	525
guardian, or other person having care of the child for a violation	526
of division (C) of section 2919.21 or section 2919.24 of the	527
Revised Code.	528

(F)(1) During the period of a delinquent child's community	529
control granted under this section, authorized probation officers	530
who are engaged within the scope of their supervisory duties or	531
responsibilities may search, with or without a warrant, the person	532
of the delinquent child, the place of residence of the delinquent	533
child, and a motor vehicle, another item of tangible or intangible	534
personal property, or other real property in which the delinquent	535
child has a right, title, or interest or for which the delinquent	536
child has the express or implied permission of a person with a	537
right, title, or interest to use, occupy, or possess if the	538
probation officers have reasonable grounds to believe that the	539
delinquent child is not abiding by the law or otherwise is not	540
complying with the conditions of the delinquent child's community	541
control. The court that places a delinquent child on community	542
control under this section shall provide the delinquent child with	543
a written notice that informs the delinquent child that authorized	544
probation officers who are engaged within the scope of their	545
supervisory duties or responsibilities may conduct those types of	546
searches during the period of community control if they have	547
reasonable grounds to believe that the delinquent child is not	548
abiding by the law or otherwise is not complying with the	549
conditions of the delinquent child's community control. The court	550
also shall provide the written notice described in division (E)(2)	551
of this section to each parent, guardian, or custodian of the	552
delinquent child who is described in that division.	553

(2) The court that places a child on community control under	554
this section shall provide the child's parent, guardian, or other	555
custodian with a written notice that informs them that authorized	556
probation officers may conduct searches pursuant to division	557
(E)(1) of this section. The notice shall specifically state that	558
a permissible search might extend to a motor vehicle, another item	559
of tangible or intangible personal property, or a place of	560
residence or other real property in which a notified parent,	561
guardian, or custodian has a right, title, or interest and that	562
the parent, guardian, or custodian expressly or impliedly permits	563
the child to use, occupy, or possess.	564

(G) If a juvenile court commits a delinquent child to the	565
custody of any person, organization, or entity pursuant to this	566
section and if the delinquent act for which the child is so	567
committed is a sexually oriented offense, the court in the order	568
of disposition shall inform the person, organization, or entity	569
that it is the preferred course of action in this state that the	570
child be provided treatment as described in division (A)(2) of	571
section 5139.13 of the Revised Code and shall encourage the	572
person, organization, or entity to provide that treatment.	573

Sec.  2152.71.  (A)(1) The juvenile court shall maintain	574
records of all official cases brought before it, including, but	575
not limited to, an appearance docket, a journal, and, in cases	576
pertaining to an alleged delinquent child, arrest and custody	577
records, complaints, journal entries, and hearing summaries. The	578
court shall maintain a separate docket for traffic cases and shall	579
record all traffic cases on the separate docket instead of on the	580
general appearance docket.	581

(2) The juvenile court shall send to the superintendent of	582
the bureau of criminal identification and investigation, pursuant	583
to section 109.57 of the Revised Code, a weekly report containing	584
a summary of each case that has come before it and that involves	585
the disposition of a child who is a delinquent child for	586
committing an act that would be a felony or an offense of violence	587
if committed by an adult.	588

(B) The clerk of the court shall maintain a statistical	589
record that includes all of the following:	590

(1) The number of complaints that are filed with, or	591
indictments or information made to, the court that allege that a	592
child is a delinquent child, in relation to which the court	593
determines under division (D) of section 2151.27 of the Revised	594
Code that the victim of the alleged delinquent act was sixty-five	595
years of age or older or permanently and totally disabled at the	596
time of the alleged commission of the act;	597

(2) The number of complaints, indictments, or information	598
described in division (B)(1) of this section that result in the	599
child being adjudicated a delinquent child;	600

(3) The number of complaints, indictments, or information	601
described in division (B)(2) of this section in which the act upon	602
which the delinquent child adjudication is based caused property	603
damage or would be a theft offense, as defined in division (K) of	604
section 2913.01 of the Revised Code, if committed by an adult;	605

(4) The number of complaints, indictments, or information	606
described in division (B)(3) of this section that result in the	607
delinquent child being required as an order of disposition made	608
under division (A) of section 2152.20 of the Revised Code to make	609
restitution for all or part of the property damage caused by the	610
child's delinquent act or for all or part of the value of the	611
property that was the subject of the delinquent act that would be	612
a theft offense if committed by an adult;	613

(5) The number of complaints, indictments, or information	614
described in division (B)(2) of this section in which the act upon	615
which the delinquent child adjudication is based would have been	616
an offense of violence if committed by an adult;	617

(6) The number of complaints, indictments, or information	618
described in division (B)(5) of this section that result in the	619
delinquent child being committed as an order of disposition made	620
under section 2152.16, divisions (A) and (B) of section 2152.17,	621
or division (A)(2) of section 2159.19 of the Revised Code to any	622
facility for delinquent children operated by the county, a	623
district, or a private agency or organization or to the department	624
of youth services;	625

(7) The number of complaints, indictments, or information	626
described in division (B)(1) of this section that result in the	627
case being transferred for criminal prosecution to an appropriate	628
court having jurisdiction of the offense under section 2152.12 of	629
the Revised Code.	630

(C) The clerk of the court shall compile an annual summary	631
covering the preceding calendar year showing all of the	632
information for that year contained in the statistical record	633
maintained under division (B) of this section. The statistical	634
record and the annual summary shall be public records open for	635
inspection. Neither the statistical record nor the annual summary	636
shall include the identity of any party to a case.	637

(D) Not later than June of each year, the court shall	638
prepare an annual report covering the preceding calendar year	639
showing the number and kinds of cases that have come before it,	640
the disposition of the cases, and any other data pertaining to the	641
work of the court that the juvenile judge directs. The court	642
shall file copies of the report with the board of county	643
commissioners. With the approval of the board, the court may	644
print or cause to be printed copies of the report for distribution	645
to persons and agencies interested in the court or community	646
program for dependent, neglected, abused, or delinquent children	647
and juvenile traffic offenders. The court shall include the	648
number of copies ordered printed and the estimated cost of each	649
printed copy on each copy of the report printed for distribution.	650

(E) If an officer is preparing pursuant to section 2947.06	651
or 2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	652
investigation report pertaining to a person, the court shall make	653
available to the officer, for use in preparing the report, any	654
records it possesses regarding any adjudications of that person as	655
a delinquent child or regarding the dispositions made relative to	656
those adjudications. The records to be made available pursuant to	657
this division include, but are not limited to, any social history	658
or report of a mental or physical examination regarding the person	659
that was prepared pursuant to Juvenile Rule 32.	660

Sec. 2951.03.  (A)(1) No person who has been convicted of or	661
pleaded guilty to a felony shall be placed under a community	662
control sanction until a written presentence investigation report	663
has been considered by the court. If a court orders the	664
preparation of a presentence investigation report pursuant to this	665
section, section 2947.06 of the Revised Code, or Criminal Rule	666
32.2, the officer making the report shall inquire into the	667
circumstances of the offense and the criminal record, social	668
history, and present condition of the defendant, all information	669
available regarding any prior adjudications of the defendant as a	670
delinquent child and regarding the dispositions made relative to	671
those adjudications, and any other matters specified in Criminal	672
Rule 32.2. Whenever the officer considers it advisable, the	673
officer's investigation may include a physical and mental	674
examination of the defendant. A physical examination of the	675
defendant may include a drug test consisting of a chemical	676
analysis of a blood or urine specimen of the defendant to	677
determine whether the defendant ingested or was injected with a	678
drug of abuse. If, pursuant to section 2930.13 of the Revised	679
Code, the victim of the offense of which the defendant has been	680
convicted wishes to make a statement regarding the impact of the	681
offense for the officer's use in preparing the presentence	682
investigation report, the officer shall comply with the	683
requirements of that section.	684

(2) If a defendant is committed to any institution, the	685
presentence investigation report shall be sent to the institution	686
with the entry of commitment. If a defendant is committed to any	687
institution and a presentence investigation report is not prepared	688
regarding that defendant pursuant to this section, section 2947.06	689
of the Revised Code, or Criminal Rule 32.2, the director of the	690
department of rehabilitation and correction or the director's	691
designee may order that an offender background investigation and	692
report be conducted and prepared regarding the defendant pursuant	693
to section 5120.16 of the Revised Code.	694

(B)(1) If a presentence investigation report is prepared	695
pursuant to this section, section 2947.06 of the Revised Code, or	696
Criminal Rule 32.2, the court, at a reasonable time before	697
imposing sentence, shall permit the defendant or the defendant's	698
counsel to read the report, except that the court shall not permit	699
the defendant or the defendant's counsel to read any of the	700
following:	701

(a) Any recommendation as to sentence;

702

(b) Any diagnostic opinions that, if disclosed, the court	703
believes might seriously disrupt a program of rehabilitation for	704
the defendant;	705

(c) Any sources of information obtained upon a promise of	706
confidentiality;	707

(d) Any other information that, if disclosed, the court	708
believes might result in physical harm or some other type of harm	709
to the defendant or to any other person.	710

(2) Prior to sentencing, the court shall permit the	711
defendant and the defendant's counsel to comment on the	712
presentence investigation report and, in its discretion, may	713
permit the defendant and the defendant's counsel to introduce	714
testimony or other information that relates to any alleged factual	715
inaccuracy contained in the report.	716

(3) If the court believes that any information in the	717
presentence investigation report should not be disclosed pursuant	718
to division (B)(1) of this section, the court, in lieu of making	719
the report or any part of the report available, shall state orally	720
or in writing a summary of the factual information contained in	721
the report that will be relied upon in determining the defendant's	722
sentence. The court shall permit the defendant and the	723
defendant's counsel to comment upon the oral or written summary of	724
the report.	725

(4) Any material that is disclosed to the defendant or the	726
defendant's counsel pursuant to this section shall be disclosed to	727
the prosecutor who is handling the prosecution of the case against	728
the defendant.	729

(5) If the comments of the defendant or the defendant's	730
counsel, the testimony they introduce, or any of the other	731
information they introduce alleges any factual inaccuracy in the	732
presentence investigation report or the summary of the report, the	733
court shall do either of the following with respect to each	734
alleged factual inaccuracy:	735

(a) Make a finding as to the allegation;

736

(b) Make a determination that no finding is necessary with	737
respect to the allegation, because the factual matter will not be	738
taken into account in the sentencing of the defendant.	739

(C) A court's decision as to the content of a summary under	740
division (B)(3) of this section or as to the withholding of	741
information under division (B)(1)(a), (b), (c), or (d) of this	742
section shall be considered to be within the discretion of the	743
court. No appeal can be taken from either of those decisions, and	744
neither of those decisions shall be the basis for a reversal of	745
the sentence imposed.	746

(D)(1) The contents of a presentence investigation report	747
prepared pursuant to this section, section 2947.06 of the Revised	748
Code, or Criminal Rule 32.2 and the contents of any written or	749
oral summary of a presentence investigation report or of a part of	750
a presentence investigation report described in division (B)(3) of	751
this section are confidential information and are not a public	752
record. The court, an appellate court, authorized probation	753
officers, investigators, and court personnel, the defendant, the	754
defendant's counsel, the prosecutor who is handling the	755
prosecution of the case against the defendant, and authorized	756
personnel of an institution to which the defendant is committed	757
may inspect, receive copies of, retain copies of, and use a	758
presentence investigation report or a written or oral summary of a	759
presentence investigation only for the purposes of or only as	760
authorized by Criminal Rule 32.2 or this section, division (F)(1)	761
of section 2953.08, section 2947.06, or another section of the	762
Revised Code.	763

(2) Immediately following the imposition of sentence upon	764
the defendant, the defendant or the defendant's counsel and the	765
prosecutor shall return to the court all copies of a presentence	766
investigation report and of any written summary of a presentence	767
investigation report or part of a presentence investigation report	768
that the court made available to the defendant or the defendant's	769
counsel and to the prosecutor pursuant to this section. The	770
defendant or the defendant's counsel and the prosecutor shall not	771
make any copies of the presentence investigation report or of any	772
written summary of a presentence investigation report or part of a	773
presentence investigation report that the court made available to	774
them pursuant to this section.	775

(3) Except when a presentence investigation report or a	776
written or oral summary of a presentence investigation report is	777
being used for the purposes of or as authorized by Criminal Rule	778
32.2 or this section, division (F)(1) of section 2953.08, section	779
2947.06, or another section of the Revised Code, the court or	780
other authorized holder of the report or summary shall retain the	781
report or summary under seal.	782

(E) In inquiring into the information available regarding any	783
prior adjudications of the defendant as a delinquent child and	784
regarding the dispositions made relative to those adjudications,	785
the officer making the report shall consider all information that	786
is relevant, including, but not limited to, the materials	787
described in division (B) of section 2151.14, division (C)(3) of	788
section 2152.18, division (D)(3) of section 2152.19, and division	789
(E) of section 2152.71 of the Revised Code.	790

(F) As used in this section:

791

(1) "Prosecutor" has the same meaning as in section 2935.01	792
of the Revised Code.	793

(2) "Community control sanction" has the same meaning as in	794
section 2929.01 of the Revised Code.	795

(3) "Public record" has the same meaning as in section	796
149.43 of the Revised Code.	797

Section 2. That all existing versions of sections 2151.14,	798
2152.18, 2152.19, 2152.71, and 2951.03 of the Revised Code are	799
hereby repealed.	800

Section 3. Sections 1 and 2 of this act shall take effect on	801
January 1, 2002.	802