REPRESENTATIVES Core, Willamowski, Webster, Seitz, Williams, Jerse, Otterman, Latta, DePiero, Coates, Lendrum, Flowers, Reinhard, Schmidt, Schaffer, Grendell, Wilson, Manning, Collier, Hagan, Niehaus, Roman, Fessler, Kearns, Clancy, Widowfield, Rhine, Reidelbach, Aslanides, Damschroder

To amend sections 2151.14, 2152.18, 2152.19, 2152.71,

1

and 2951.03 of the Revised Code to ensure that

2

prior delinquent child adjudication and disposition

3

records are available for use in preparing

4

presentence investigation reports for persons

5

convicted of a criminal offense.

6

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

Section 1. That sections 2151.14, 2152.18, 2152.19, 2152.71,	7
and 2951.03 of the Revised Code be amended to read as follows:	8

Sec. 2151.14.  (A) The chief probation officer, under the	9
direction of the juvenile judge, shall have charge of the work of	10
the probation department. The department shall make any	11
investigations that the judge directs, keep a written record of	12
the investigations, and submit the record to the judge or deal	13
with them as the judge directs. The department shall furnish to	14
any person placed on community control a statement of the	15
conditions of community control and shall instruct the person	16
regarding them. The department shall keep informed concerning the	17
conduct and condition of each person under its supervision and	18
shall report on their conduct and condition to the judge as the	19
judge directs. Each probation officer shall use all suitable	20
methods to aid persons on community control and to bring about	21
improvement in their conduct and condition. The department shall	22
keep full records of its work, keep accurate and complete accounts	23
of money collected from persons under its supervision, give	24
receipts for the money, and make reports on the money as the judge	25
directs.	26

(B) Except as provided in this division or in division (C)	27
or (D) of this section, the reports and records of the department	28
shall be considered confidential information and shall not be made	29
public. If an officer is preparing pursuant to section 2947.06 or	30
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	31
investigation report pertaining to a person, the department shall	32
make available to the officer, for use in preparing the report,	33
any reports and records it possesses regarding any adjudications	34
of that person as a delinquent child or regarding the dispositions	35
made relative to those adjudications. A probation officer may	36
serve the process of the court within or without the county, make	37
arrests without warrant upon reasonable information or upon view	38
of the violation of this chapter or Chapter 2152. of the Revised	39
Code, detain the person arrested pending the issuance of a	40
warrant, and perform any other duties, incident to the office,	41
that the judge directs. All sheriffs, deputy sheriffs,	42
constables, marshals, deputy marshals, chiefs of police, municipal	43
corporation and township police officers, and other peace officers	44
shall render assistance to probation officers in the performance	45
of their duties when requested to do so by any probation officer.	46

(C) When a complaint has been filed alleging that a child is	47
delinquent by reason of having committed an act that would	48
constitute a violation of section 2907.02, 2907.03, 2907.05, or	49
2907.06 of the Revised Code if committed by an adult and the	50
arresting authority, a court, or a probation officer discovers	51
that the child or a person whom the child caused to engage in	52
sexual activity, as defined in section 2907.01 of the Revised	53
Code, has a communicable disease, the arresting authority, court,	54
or probation officer immediately shall notify the victim of the	55
delinquent act of the nature of the disease.	56

(D)(1) In accordance with division (D)(2) of this section,	57
subject to the limitation specified in division (D)(4) of this	58
section, and in connection with a disposition pursuant to section	59
2151.354 of the Revised Code when a child has been found to be an	60
unruly child, a disposition pursuant to sections 2152.19 and	61
2152.20 of the Revised Code when a child has been found to be a	62
delinquent child, or a disposition pursuant to sections 2156.20	63
2152.20 and 2152.21 of the Revised Code when a child has been	64
found to be a juvenile traffic offender, the court may issue an	65
order requiring boards of education, governing bodies of chartered	66
nonpublic schools, public children services agencies, private	67
child placing agencies, probation departments, law enforcement	68
agencies, and prosecuting attorneys that have records related to	69
the child in question to provide copies of one or more specified	70
records, or specified information in one or more specified	71
records, that the individual or entity has with respect to the	72
child to any of the following individuals or entities that request	73
the records in accordance with division (D)(3)(a) of this section:	74

(a) The child;

75

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

76

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

77

(d) A prosecuting attorney;

78

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

79

(f) A probation department of a juvenile court;

80

(g) A public children services agency or private child	81
placing agency that has custody of the child, is providing	82
services to the child or the child's family, or is preparing a	83
social history or performing any other function for the juvenile	84
court;	85

(h) The department of youth services when the department has	86
custody of the child or is performing any services for the child	87
that are required by the juvenile court or by statute;	88

(i) The individual in control of a juvenile detention or	89
rehabilitation facility to which the child has been committed;	90

(j) An employee of the juvenile court that found the child	91
to be an unruly child, a delinquent child, or a juvenile traffic	92
offender;	93

(k) Any other entity that has custody of the child or is	94
providing treatment, rehabilitation, or other services for the	95
child pursuant to a court order, statutory requirement, or other	96
arrangement.	97

(2) Any individual or entity listed in divisions (D)(1)(a)	98
to (k) of this section may file a motion with the court that	99
requests the court to issue an order as described in division	100
(D)(1) of this section. If such a motion is filed, the court	101
shall conduct a hearing on it. If at the hearing the movant	102
demonstrates a need for one or more specified records, or for	103
information in one or more specified records, related to the child	104
in question and additionally demonstrates the relevance of the	105
information sought to be obtained from those records, and if the	106
court determines that the limitation specified in division (D)(4)	107
of this section does not preclude the provision of a specified	108
record or specified information to the movant, then the court may	109
issue an order to a designated individual or entity to provide the	110
movant with copies of one or more specified records or with	111
specified information contained in one or more specified records.	112

(3)(a) Any individual or entity that is authorized by an	113
order issued pursuant to division (D)(1) of this section to obtain	114
copies of one or more specified records, or specified information,	115
related to a particular child may file a written request for	116
copies of the records or for the information with any individual	117
or entity required by the order to provide copies of the records	118
or the information. The request shall be in writing, describe the	119
type of records or the information requested, explain the need for	120
the records or the information, and be accompanied by a copy of	121
the order.	122

(b) If an individual or entity that is required by an order	123
issued pursuant to division (D)(1) of this section to provide one	124
or more specified records, or specified information, related to a	125
child receives a written request for the records or information in	126
accordance with division (D)(3)(a) of this section, the individual	127
or entity immediately shall comply with the request to the extent	128
it is able to do so, unless the individual or entity determines	129
that it is unable to comply with the request because it is	130
prohibited by law from doing so, or unless the requesting	131
individual or entity does not have authority to obtain the	132
requested records or information. If the individual or entity	133
determines that it is unable to comply with the request, it shall	134
file a motion with the court that issued the order requesting the	135
court to determine the extent to which it is required to comply	136
with the request for records or information. Upon the filing of	137
the motion, the court immediately shall hold a hearing on the	138
motion, determine the extent to which the movant is required to	139
comply with the request for records or information, and issue	140
findings of fact and conclusions of law in support of its	141
determination. The determination of the court shall be final. If	142
the court determines that the movant is required to comply with	143
the request for records or information, it shall identify the	144
specific records or information that must be supplied to the	145
individual or entity that requested the records or information.	146

(c) If an individual or entity is required to provide copies	147
of one or more specified records pursuant to division (D) of this	148
section, the individual or entity may charge a fee for the copies	149
that does not exceed the cost of supplying them.	150

(4) Division (D) of this section does not require,	151
authorize, or permit the dissemination of any records or any	152
information contained in any records if the dissemination of the	153
records or information generally is prohibited by any provision of	154
the Revised Code and a specific provision of the Revised Code does	155
not specifically authorize or permit the dissemination of the	156
records or information pursuant to division (D) of this section.	157

Sec. 2152.18.  (A) When a juvenile court commits a	158
delinquent child to the custody of the department of youth	159
services pursuant to this chapter, the court shall not designate	160
the specific institution in which the department is to place the	161
child but instead shall specify that the child is to be	162
institutionalized in a secure facility.	163

(B) When a juvenile court commits a delinquent child to the	164
custody of the department of youth services pursuant to this	165
chapter, the court shall state in the order of commitment the	166
total number of days that the child has been held in detention in	167
connection with the delinquent child complaint upon which the	168
order of commitment is based. The department shall reduce the	169
minimum period of institutionalization that was ordered by both	170
the total number of days that the child has been so held in	171
detention as stated by the court in the order of commitment and	172
the total number of any additional days that the child has been	173
held in detention subsequent to the order of commitment but prior	174
to the transfer of physical custody of the child to the	175
department.	176

(C)(1) When a juvenile court commits a delinquent child to	177
the custody of the department of youth services pursuant to this	178
chapter, the court shall provide the department with the child's	179
medical records, a copy of the report of any mental examination of	180
the child ordered by the court, the Revised Code section or	181
sections the child violated and the degree of each violation, the	182
warrant to convey the child to the department, a copy of the	183
court's journal entry ordering the commitment of the child to the	184
legal custody of the department, a copy of the arrest record	185
pertaining to the act for which the child was adjudicated a	186
delinquent child, a copy of any victim impact statement pertaining	187
to the act, and any other information concerning the child that	188
the department reasonably requests. The court also shall complete	189
the form for the standard predisposition investigation report that	190
the department furnishes pursuant to section 5139.04 of the	191
Revised Code and provide the department with the completed form.	192

The department may refuse to accept physical custody of a	193
delinquent child who is committed to the legal custody of the	194
department until the court provides to the department the	195
documents specified in this division. No officer or employee of	196
the department who refuses to accept physical custody of a	197
delinquent child who is committed to the legal custody of the	198
department shall be subject to prosecution or contempt of court	199
for the refusal if the court fails to provide the documents	200
specified in this division at the time the court transfers the	201
physical custody of the child to the department.	202

(2) Within twenty working days after the department of youth	203
services receives physical custody of a delinquent child from a	204
juvenile court, the court shall provide the department with a	205
certified copy of the child's birth certificate and the child's	206
social security number or, if the court made all reasonable	207
efforts to obtain the information but was unsuccessful, with	208
documentation of the efforts it made to obtain the information.	209

(3) If an officer is preparing pursuant to section 2947.06	210
or 2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	211
investigation report pertaining to a person, the department shall	212
make available to the officer, for use in preparing the report,	213
any records or reports it possesses regarding that person that it	214
received from a juvenile court pursuant to division (C)(1) of this	215
section or that pertain to the treatment of that person after the	216
person was committed to the custody of the department as a	217
delinquent child.	218

(D)(1) Within ten days after an adjudication that a child is	219
a delinquent child, the court shall give written notice of the	220
adjudication to the superintendent of a city, local, exempted	221
village, or joint vocational school district, and to the principal	222
of the school the child attends, if the basis of the adjudication	223
was the commission of an act that would be a criminal offense if	224
committed by an adult, if the act was committed by the delinquent	225
child when the child was fourteen years of age or older, and if	226
the act is any of the following:	227

(a) An act that would be a felony or an offense of violence	228
if committed by an adult, an act in the commission of which the	229
child used or brandished a firearm, or an act that is a violation	230
of section 2907.04, 2907.06, 2907.07, 2907.08, 2907.09, 2907.24,	231
or 2907.241 of the Revised Code and that would be a misdemeanor if	232
committed by an adult;	233

(b) A violation of section 2923.12 of the Revised Code or of	234
a substantially similar municipal ordinance that would be a	235
misdemeanor if committed by an adult and that was committed on	236
property owned or controlled by, or at an activity held under the	237
auspices of, the board of education of that school district;	238

(c) A violation of division (A) of section 2925.03 or	239
2925.11 of the Revised Code that would be a misdemeanor if	240
committed by an adult, that was committed on property owned or	241
controlled by, or at an activity held under the auspices of, the	242
board of education of that school district, and that is not a	243
minor drug possession offense;	244

(d) An act that would be a criminal offense if committed by	245
an adult and that results in serious physical harm to persons or	246
serious physical harm to property while the child is at school, on	247
any other property owned or controlled by the board, or at an	248
interscholastic competition, an extracurricular event, or any	249
other school program or activity;	250

(e) Complicity in any violation described in division	251
(D)(1)(a), (b), (c), or (d) of this section that was alleged to	252
have been committed in the manner described in division (D)(1)(a),	253
(b), (c), or (d) of this section, regardless of whether the act of	254
complicity was committed on property owned or controlled by, or at	255
an activity held under the auspices of, the board of education of	256
that school district.	257

(2) The notice given pursuant to division (K)(D)(1) of this	258
section shall include the name of the child who was adjudicated to	259
be a delinquent child, the child's age at the time the child	260
committed the act that was the basis of the adjudication, and	261
identification of the violation of the law or ordinance that was	262
the basis of the adjudication.	263

(3) Within fourteen days after committing a delinquent child	264
to the custody of the department of youth services, the court	265
shall give notice to the school attended by the child of the	266
child's commitment by sending to that school a copy of the court's	267
journal entry ordering the commitment. As soon as possible after	268
receipt of the notice described in this division, the school shall	269
provide the department with the child's school transcript.	270
However, the department shall not refuse to accept a child	271
committed to it, and a child committed to it shall not be held in	272
a county or district detention facility, because of a school's	273
failure to provide the school transcript that it is required to	274
provide under this division.	275

(4) Within fourteen days after releasing a child from an	276
institution under its control, the department of youth services	277
shall provide the court and the school with an updated copy of the	278
child's school transcript and a summary of the institutional	279
record of the child. The department also shall provide the court	280
with a copy of any portion of the child's institutional record	281
that the court specifically requests, within five working days of	282
the request.	283

(E) At any hearing at which a child is adjudicated a	284
delinquent child or as soon as possible after the hearing, the	285
court shall notify all victims of the delinquent act who may be	286
entitled to a recovery under any of the following sections of the	287
right of the victims to recover, pursuant to section 3109.09 of	288
the Revised Code, compensatory damages from the child's parents;	289
of the right of the victims to recover, pursuant to section	290
3109.10 of the Revised Code, compensatory damages from the child's	291
parents for willful and malicious assaults committed by the child;	292
and of the right of the victims to recover an award of reparations	293
pursuant to sections 2743.51 to 2743.72 of the Revised Code.	294

Sec. 2152.19.  (A) If a child is adjudicated a delinquent	295
child, the court may make any of the following orders of	296
disposition, in addition to any other disposition authorized or	297
required by this chapter:	298

(1) Any order that is authorized by section 2151.353 of the	299
Revised Code for the care and protection of an abused, neglected,	300
or dependent child.;	301

(2) Commit the child to the temporary custody of any school,	302
camp, institution, or other facility operated for the care of	303
delinquent children by the county, by a district organized under	304
section 2152.41 or 2151.65 of the Revised Code, or by a private	305
agency or organization, within or without the state, that is	306
authorized and qualified to provide the care, treatment, or	307
placement required;	308

(3) Place the child on community control under any	309
sanctions, services, and conditions that the court prescribes. As	310
a condition of community control in every case and in addition to	311
any other condition that it imposes upon the child, the court	312
shall require the child to abide by the law during the period of	313
community control. As referred to in this division, community	314
control includes, but is not limited to, the following sanctions	315
and conditions:	316

(a) A period of basic probation supervision in which the	317
child is required to maintain contact with a person appointed to	318
supervise the child in accordance with sanctions imposed by the	319
court;	320

(b) A period of intensive probation supervision in which the	321
child is required to maintain frequent contact with a person	322
appointed by the court to supervise the child while the child is	323
seeking or maintaining employment and participating in training,	324
education, and treatment programs as the order of disposition;	325

(c) A period of day reporting in which the child is required	326
each day to report to and leave a center or another approved	327
reporting location at specified times in order to participate in	328
work, education or training, treatment, and other approved	329
programs at the center or outside the center;	330

(d) A period of community service of up to five hundred	331
hours for an act that would be a felony or a misdemeanor of the	332
first degree if committed by an adult, up to two hundred hours for	333
an act that would be a misdemeanor of the second, third, or fourth	334
degree if committed by an adult, or up to thirty hours for an act	335
that would be a minor misdemeanor if committed by an adult;	336

(e) A requirement that the child obtain a high school	337
diploma, a certificate of high school equivalence, vocational	338
training, or employment;	339

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

340

(g) A requirement of alcohol or drug assessment or	341
counseling, or a period in an alcohol or drug treatment program	342
with a level of security for the child as determined necessary by	343
the court;	344

(h) A period in which the court orders the child to observe	345
a curfew that may involve daytime or evening hours;	346

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

347

(j) A period of house arrest with or without electronic	348
monitoring;	349

(k) A period of electronic monitoring without house arrest or	350
electronically monitored house arrest that does not exceed the	351
maximum sentence of imprisonment that could be imposed upon an	352
adult who commits the same act.	353

A period of electronically monitored house arrest imposed	354
under this division shall not extend beyond the child's	355
twenty-first birthday. If a court imposes a period of	356
electronically monitored house arrest upon a child under this	357
division, it shall require the child: to wear, otherwise have	358
attached to the child's person, or otherwise be subject to	359
monitoring by a certified electronic monitoring device or to	360
participate in the operation of and monitoring by a certified	361
electronic monitoring system; to remain in the child's home or	362
other specified premises for the entire period of electronically	363
monitored house arrest except when the court permits the child to	364
leave those premises to go to school or to other specified	365
premises; to be monitored by a central system that can determine	366
the child's location at designated times; to report periodically	367
to a person designated by the court; and to enter into a written	368
contract with the court agreeing to comply with all requirements	369
imposed by the court, agreeing to pay any fee imposed by the court	370
for the costs of the electronically monitored house arrest, and	371
agreeing to waive the right to receive credit for any time served	372
on electronically monitored house arrest toward the period of any	373
other dispositional order imposed upon the child if the child	374
violates any of the requirements of the dispositional order of	375
electronically monitored house arrest. The court also may impose	376
other reasonable requirements upon the child.	377

Unless ordered by the court, a child shall not receive credit	378
for any time served on electronically monitored house arrest	379
toward any other dispositional order imposed upon the child for	380
the act for which was imposed the dispositional order of	381
electronically monitored house arrest.	382

(l) A suspension of the driver's license, probationary	383
driver's license, or temporary instruction permit issued to the	384
child or a suspension of the registration of all motor vehicles	385
registered in the name of the child. A child whose license or	386
permit is so suspended is ineligible for issuance of a license or	387
permit during the period of suspension. At the end of the period	388
of suspension, the child shall not be reissued a license or permit	389
until the child has paid any applicable reinstatement fee and	390
complied with all requirements governing license reinstatement.	391

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

392

(5) Require the child to not be absent without legitimate	393
excuse from the public school the child is supposed to attend for	394
five or more consecutive days, seven or more school days in one	395
school month, or twelve or more school days in a school year;	396

(6)(a) If a child is adjudicated a delinquent child for	397
being a chronic truant or an habitual truant who previously has	398
been adjudicated an unruly child for being a habitual truant, do	399
either or both of the following:	400

(i) Require the child to participate in a truancy prevention	401
mediation program;	402

(ii) Make any order of disposition as authorized by this	403
section, except that the court shall not commit the child to a	404
facility described in division (A)(2) of this section unless the	405
court determines that the child violated a lawful court order made	406
pursuant to division (C)(1)(e) of section 2151.354 of the Revised	407
Code or division (A)(5) of this section.	408

(b) If a child is adjudicated a delinquent child for being a	409
chronic truant or a habitual truant who previously has been	410
adjudicated an unruly child for being a habitual truant and the	411
court determines that the parent, guardian, or other person having	412
care of the child has failed to cause the child's attendance at	413
school in violation of section 3321.38 of the Revised Code, do	414
either or both of the following:	415

(i) Require the parent, guardian, or other person having	416
care of the child to participate in a truancy prevention mediation	417
program;	418

(ii) Require the parent, guardian, or other person having	419
care of the child to participate in any community service program,	420
preferably a community service program that requires the	421
involvement of the parent, guardian, or other person having care	422
of the child in the school attended by the child.	423

(7) Make any further disposition that the court finds	424
proper, except that the child shall not be placed in any of the	425
following:	426

(a) A state correctional institution, a county, multicounty,	427
or municipal jail or workhouse, or another place in which an adult	428
convicted of a crime, under arrest, or charged with a crime is	429
held;	430

(b) A community corrections facility, if the child would be	431
covered by the definition of public safety beds for purposes of	432
sections 5139.41 to 5139.45 of the Revised Code if the court	433
exercised its authority to commit the child to the legal custody	434
of the department of youth services for institutionalization or	435
institutionalization in a secure facility pursuant to this	436
chapter.	437

(B) If a child is adjudicated a delinquent child, in	438
addition to any order of disposition made under division (A) of	439
this section, the court, in the following situations, shall	440
suspend the child's temporary instruction permit, restricted	441
license, probationary driver's license, or nonresident operating	442
privilege, or suspend the child's ability to obtain such a permit:	443

(1) The child is adjudicated a delinquent child for	444
violating section 2923.122 of the Revised Code, with the	445
suspension and denial being in accordance with division (E)(1)(a),	446
(c), (d), or (e) of section 2923.122 of the Revised Code.	447

(2) The child is adjudicated a delinquent child for	448
committing an act that if committed by an adult would be a drug	449
abuse offense or for violating division (B) of section 2917.11 of	450
the Revised Code, with the suspension continuing until the child	451
attends and satisfactorily completes a drug abuse or alcohol abuse	452
education, intervention, or treatment program specified by the	453
court. During the time the child is attending the program, the	454
court shall retain any temporary instruction permit, probationary	455
driver's license, or driver's license issued to the child, and the	456
court shall return the permit or license when the child	457
satisfactorily completes the program.	458

(C) The court may establish a victim-offender mediation	459
program in which victims and their offenders meet to discuss the	460
offense and suggest possible restitution. If the court obtains	461
the assent of the victim of the delinquent act committed by the	462
child, the court may require the child to participate in the	463
program.	464

(D)(1) If a child is adjudicated a delinquent child for	465
committing an act that would be a felony if committed by an adult	466
and if the child caused, attempted to cause, threatened to cause,	467
or created a risk of physical harm to the victim of the act, the	468
court, prior to issuing an order of disposition under this	469
section, shall order the preparation of a victim impact statement	470
by the probation department of the county in which the victim of	471
the act resides, by the court's own probation department, or by a	472
victim assistance program that is operated by the state, a county,	473
a municipal corporation, or another governmental entity. The court	474
shall consider the victim impact statement in determining the	475
order of disposition to issue for the child.	476

(2) Each victim impact statement shall identify the victim	477
of the act for which the child was adjudicated a delinquent child,	478
itemize any economic loss suffered by the victim as a result of	479
the act, identify any physical injury suffered by the victim as a	480
result of the act and the seriousness and permanence of the	481
injury, identify any change in the victim's personal welfare or	482
familial relationships as a result of the act and any	483
psychological impact experienced by the victim or the victim's	484
family as a result of the act, and contain any other information	485
related to the impact of the act upon the victim that the court	486
requires.	487

(3) A victim impact statement shall be kept confidential and	488
is not a public record. However, the court may furnish copies of	489
the statement to the department of youth services if the	490
delinquent child is committed to the department or to both the	491
adjudicated delinquent child or the adjudicated delinquent child's	492
counsel and the prosecuting attorney. The copy of a victim impact	493
statement furnished by the court to the department pursuant to	494
this section shall be kept confidential and is not a public	495
record. If an officer is preparing pursuant to section 2947.06 or	496
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	497
investigation report pertaining to a person, the court shall make	498
available to the officer, for use in preparing the report, a copy	499
of any victim impact statement regarding that person. The copies	500
of a victim impact statement that are made available to the	501
adjudicated delinquent child or the adjudicated delinquent child's	502
counsel and the prosecuting attorney pursuant to this division	503
shall be returned to the court by the person to whom they were	504
made available immediately following the imposition of an order of	505
disposition for the child under this chapter.	506

The copy of a victim impact statement that is made available	507
pursuant to this division to an officer preparing a criminal	508
presentence investigation report shall be returned to the court by	509
the officer immediately following its use in preparing the report.	510

(4) The department of youth services shall work with local	511
probation departments and victim assistance programs to develop a	512
standard victim impact statement.	513

(E) If a child is adjudicated a delinquent child for being a	514
chronic truant or an habitual truant who previously has been	515
adjudicated an unruly child for being an habitual truant and the	516
court determines that the parent, guardian, or other person having	517
care of the child has failed to cause the child's attendance at	518
school in violation of section 3321.38 of the Revised Code, in	519
addition to any order of disposition it makes under this section,	520
the court shall warn the parent, guardian, or other person having	521
care of the child that any subsequent adjudication of the child as	522
an unruly or delinquent child for being an habitual or chronic	523
truant may result in a criminal charge against the parent,	524
guardian, or other person having care of the child for a violation	525
of division (C) of section 2919.21 or section 2919.24 of the	526
Revised Code.	527

(F)(1) During the period of a delinquent child's community	528
control granted under this section, authorized probation officers	529
who are engaged within the scope of their supervisory duties or	530
responsibilities may search, with or without a warrant, the person	531
of the delinquent child, the place of residence of the delinquent	532
child, and a motor vehicle, another item of tangible or intangible	533
personal property, or other real property in which the delinquent	534
child has a right, title, or interest or for which the delinquent	535
child has the express or implied permission of a person with a	536
right, title, or interest to use, occupy, or possess if the	537
probation officers have reasonable grounds to believe that the	538
delinquent child is not abiding by the law or otherwise is not	539
complying with the conditions of the delinquent child's community	540
control. The court that places a delinquent child on community	541
control under this section shall provide the delinquent child with	542
a written notice that informs the delinquent child that authorized	543
probation officers who are engaged within the scope of their	544
supervisory duties or responsibilities may conduct those types of	545
searches during the period of community control if they have	546
reasonable grounds to believe that the delinquent child is not	547
abiding by the law or otherwise is not complying with the	548
conditions of the delinquent child's community control. The court	549
also shall provide the written notice described in division (E)(2)	550
of this section to each parent, guardian, or custodian of the	551
delinquent child who is described in that division.	552

(2) The court that places a child on community control under	553
this section shall provide the child's parent, guardian, or other	554
custodian with a written notice that informs them that authorized	555
probation officers may conduct searches pursuant to division	556
(E)(1) of this section. The notice shall specifically state that	557
a permissible search might extend to a motor vehicle, another item	558
of tangible or intangible personal property, or a place of	559
residence or other real property in which a notified parent,	560
guardian, or custodian has a right, title, or interest and that	561
the parent, guardian, or custodian expressly or impliedly permits	562
the child to use, occupy, or possess.	563

(G) If a juvenile court commits a delinquent child to the	564
custody of any person, organization, or entity pursuant to this	565
section and if the delinquent act for which the child is so	566
committed is a sexually oriented offense, the court in the order	567
of disposition shall inform the person, organization, or entity	568
that it is the preferred course of action in this state that the	569
child be provided treatment as described in division (A)(2) of	570
section 5139.13 of the Revised Code and shall encourage the	571
person, organization, or entity to provide that treatment.	572

Sec.  2152.71.  (A)(1) The juvenile court shall maintain	573
records of all official cases brought before it, including, but	574
not limited to, an appearance docket, a journal, and, in cases	575
pertaining to an alleged delinquent child, arrest and custody	576
records, complaints, journal entries, and hearing summaries. The	577
court shall maintain a separate docket for traffic cases and shall	578
record all traffic cases on the separate docket instead of on the	579
general appearance docket.	580

(2) The juvenile court shall send to the superintendent of	581
the bureau of criminal identification and investigation, pursuant	582
to section 109.57 of the Revised Code, a weekly report containing	583
a summary of each case that has come before it and that involves	584
the disposition of a child who is a delinquent child for	585
committing an act that would be a felony or an offense of violence	586
if committed by an adult.	587

(B) The clerk of the court shall maintain a statistical	588
record that includes all of the following:	589

(1) The number of complaints that are filed with, or	590
indictments or information made to, the court that allege that a	591
child is a delinquent child, in relation to which the court	592
determines under division (D) of section 2151.27 of the Revised	593
Code that the victim of the alleged delinquent act was sixty-five	594
years of age or older or permanently and totally disabled at the	595
time of the alleged commission of the act;	596

(2) The number of complaints, indictments, or information	597
described in division (B)(1) of this section that result in the	598
child being adjudicated a delinquent child;	599

(3) The number of complaints, indictments, or information	600
described in division (B)(2) of this section in which the act upon	601
which the delinquent child adjudication is based caused property	602
damage or would be a theft offense, as defined in division (K) of	603
section 2913.01 of the Revised Code, if committed by an adult;	604

(4) The number of complaints, indictments, or information	605
described in division (B)(3) of this section that result in the	606
delinquent child being required as an order of disposition made	607
under division (A) of section 2152.20 of the Revised Code to make	608
restitution for all or part of the property damage caused by the	609
child's delinquent act or for all or part of the value of the	610
property that was the subject of the delinquent act that would be	611
a theft offense if committed by an adult;	612

(5) The number of complaints, indictments, or information	613
described in division (B)(2) of this section in which the act upon	614
which the delinquent child adjudication is based would have been	615
an offense of violence if committed by an adult;	616

(6) The number of complaints, indictments, or information	617
described in division (B)(5) of this section that result in the	618
delinquent child being committed as an order of disposition made	619
under section 2152.16, divisions (A) and (B) of section 2152.17,	620
or division (A)(2) of section 2159.192152.19 of the Revised Code	621
to any facility for delinquent children operated by the county, a	622
district, or a private agency or organization or to the department	623
of youth services;	624

(7) The number of complaints, indictments, or information	625
described in division (B)(1) of this section that result in the	626
case being transferred for criminal prosecution to an appropriate	627
court having jurisdiction of the offense under section 2152.12 of	628
the Revised Code.	629

(C) The clerk of the court shall compile an annual summary	630
covering the preceding calendar year showing all of the	631
information for that year contained in the statistical record	632
maintained under division (B) of this section. The statistical	633
record and the annual summary shall be public records open for	634
inspection. Neither the statistical record nor the annual summary	635
shall include the identity of any party to a case.	636

(D) Not later than June of each year, the court shall	637
prepare an annual report covering the preceding calendar year	638
showing the number and kinds of cases that have come before it,	639
the disposition of the cases, and any other data pertaining to the	640
work of the court that the juvenile judge directs. The court	641
shall file copies of the report with the board of county	642
commissioners. With the approval of the board, the court may	643
print or cause to be printed copies of the report for distribution	644
to persons and agencies interested in the court or community	645
program for dependent, neglected, abused, or delinquent children	646
and juvenile traffic offenders. The court shall include the	647
number of copies ordered printed and the estimated cost of each	648
printed copy on each copy of the report printed for distribution.	649

(E) If an officer is preparing pursuant to section 2947.06	650
or 2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	651
investigation report pertaining to a person, the court shall make	652
available to the officer, for use in preparing the report, any	653
records it possesses regarding any adjudications of that person as	654
a delinquent child or regarding the dispositions made relative to	655
those adjudications. The records to be made available pursuant to	656
this division include, but are not limited to, any social history	657
or report of a mental or physical examination regarding the person	658
that was prepared pursuant to Juvenile Rule 32.	659

Sec. 2951.03.  (A)(1) No person who has been convicted of or	660
pleaded guilty to a felony shall be placed under a community	661
control sanction until a written presentence investigation report	662
has been considered by the court. If a court orders the	663
preparation of a presentence investigation report pursuant to this	664
section, section 2947.06 of the Revised Code, or Criminal Rule	665
32.2, the officer making the report shall inquire into the	666
circumstances of the offense and the criminal record, social	667
history, and present condition of the defendant, all information	668
available regarding any prior adjudications of the defendant as a	669
delinquent child and regarding the dispositions made relative to	670
those adjudications, and any other matters specified in Criminal	671
Rule 32.2. Whenever the officer considers it advisable, the	672
officer's investigation may include a physical and mental	673
examination of the defendant. A physical examination of the	674
defendant may include a drug test consisting of a chemical	675
analysis of a blood or urine specimen of the defendant to	676
determine whether the defendant ingested or was injected with a	677
drug of abuse. If, pursuant to section 2930.13 of the Revised	678
Code, the victim of the offense of which the defendant has been	679
convicted wishes to make a statement regarding the impact of the	680
offense for the officer's use in preparing the presentence	681
investigation report, the officer shall comply with the	682
requirements of that section.	683

(2) If a defendant is committed to any institution, the	684
presentence investigation report shall be sent to the institution	685
with the entry of commitment. If a defendant is committed to any	686
institution and a presentence investigation report is not prepared	687
regarding that defendant pursuant to this section, section 2947.06	688
of the Revised Code, or Criminal Rule 32.2, the director of the	689
department of rehabilitation and correction or the director's	690
designee may order that an offender background investigation and	691
report be conducted and prepared regarding the defendant pursuant	692
to section 5120.16 of the Revised Code.	693

(B)(1) If a presentence investigation report is prepared	694
pursuant to this section, section 2947.06 of the Revised Code, or	695
Criminal Rule 32.2, the court, at a reasonable time before	696
imposing sentence, shall permit the defendant or the defendant's	697
counsel to read the report, except that the court shall not permit	698
the defendant or the defendant's counsel to read any of the	699
following:	700

(a) Any recommendation as to sentence;

701

(b) Any diagnostic opinions that, if disclosed, the court	702
believes might seriously disrupt a program of rehabilitation for	703
the defendant;	704

(c) Any sources of information obtained upon a promise of	705
confidentiality;	706

(d) Any other information that, if disclosed, the court	707
believes might result in physical harm or some other type of harm	708
to the defendant or to any other person.	709

(2) Prior to sentencing, the court shall permit the	710
defendant and the defendant's counsel to comment on the	711
presentence investigation report and, in its discretion, may	712
permit the defendant and the defendant's counsel to introduce	713
testimony or other information that relates to any alleged factual	714
inaccuracy contained in the report.	715

(3) If the court believes that any information in the	716
presentence investigation report should not be disclosed pursuant	717
to division (B)(1) of this section, the court, in lieu of making	718
the report or any part of the report available, shall state orally	719
or in writing a summary of the factual information contained in	720
the report that will be relied upon in determining the defendant's	721
sentence. The court shall permit the defendant and the	722
defendant's counsel to comment upon the oral or written summary of	723
the report.	724

(4) Any material that is disclosed to the defendant or the	725
defendant's counsel pursuant to this section shall be disclosed to	726
the prosecutor who is handling the prosecution of the case against	727
the defendant.	728

(5) If the comments of the defendant or the defendant's	729
counsel, the testimony they introduce, or any of the other	730
information they introduce alleges any factual inaccuracy in the	731
presentence investigation report or the summary of the report, the	732
court shall do either of the following with respect to each	733
alleged factual inaccuracy:	734

(a) Make a finding as to the allegation;

735

(b) Make a determination that no finding is necessary with	736
respect to the allegation, because the factual matter will not be	737
taken into account in the sentencing of the defendant.	738

(C) A court's decision as to the content of a summary under	739
division (B)(3) of this section or as to the withholding of	740
information under division (B)(1)(a), (b), (c), or (d) of this	741
section shall be considered to be within the discretion of the	742
court. No appeal can be taken from either of those decisions, and	743
neither of those decisions shall be the basis for a reversal of	744
the sentence imposed.	745

(D)(1) The contents of a presentence investigation report	746
prepared pursuant to this section, section 2947.06 of the Revised	747
Code, or Criminal Rule 32.2 and the contents of any written or	748
oral summary of a presentence investigation report or of a part of	749
a presentence investigation report described in division (B)(3) of	750
this section are confidential information and are not a public	751
record. The court, an appellate court, authorized probation	752
officers, investigators, and court personnel, the defendant, the	753
defendant's counsel, the prosecutor who is handling the	754
prosecution of the case against the defendant, and authorized	755
personnel of an institution to which the defendant is committed	756
may inspect, receive copies of, retain copies of, and use a	757
presentence investigation report or a written or oral summary of a	758
presentence investigation only for the purposes of or only as	759
authorized by Criminal Rule 32.2 or this section, division (F)(1)	760
of section 2953.08, section 2947.06, or another section of the	761
Revised Code.	762

(2) Immediately following the imposition of sentence upon	763
the defendant, the defendant or the defendant's counsel and the	764
prosecutor shall return to the court all copies of a presentence	765
investigation report and of any written summary of a presentence	766
investigation report or part of a presentence investigation report	767
that the court made available to the defendant or the defendant's	768
counsel and to the prosecutor pursuant to this section. The	769
defendant or the defendant's counsel and the prosecutor shall not	770
make any copies of the presentence investigation report or of any	771
written summary of a presentence investigation report or part of a	772
presentence investigation report that the court made available to	773
them pursuant to this section.	774

(3) Except when a presentence investigation report or a	775
written or oral summary of a presentence investigation report is	776
being used for the purposes of or as authorized by Criminal Rule	777
32.2 or this section, division (F)(1) of section 2953.08, section	778
2947.06, or another section of the Revised Code, the court or	779
other authorized holder of the report or summary shall retain the	780
report or summary under seal.	781

(E) In inquiring into the information available regarding any	782
prior adjudications of the defendant as a delinquent child and	783
regarding the dispositions made relative to those adjudications,	784
the officer making the report shall consider all information that	785
is relevant, including, but not limited to, the materials	786
described in division (B) of section 2151.14, division (C)(3) of	787
section 2152.18, division (D)(3) of section 2152.19, and division	788
(E) of section 2152.71 of the Revised Code.	789

(F) As used in this section:

790

(1) "Prosecutor" has the same meaning as in section 2935.01	791
of the Revised Code.	792

(2) "Community control sanction" has the same meaning as in	793
section 2929.01 of the Revised Code.	794

(3) "Public record" has the same meaning as in section	795
149.43 of the Revised Code.	796

Section 2. That existing sections 2151.14, 2152.18, 2152.19,	797
2152.71, and 2951.03 of the Revised Code are hereby repealed.	798

Section 3. Section 2152.18 of the Revised Code, as presented	799
in this act, includes matter that was amended into former section	800
2151.355 of the Revised Code by Am. Sub. S.B. 181 of the 123rd	801
General Assembly. Paragraphs of former section 2151.355 of the	802
Revised Code containing S.B. 181 amendments were transferred to	803
section 2152.18 of the Revised Code by S.B. 179 of the 123rd	804
General Assembly as part of its general revision of the juvenile	805
sentencing laws. The General Assembly, applying the principle	806
stated in division (B) of section 1.52 of the Revised Code that	807
amendments are to be harmonized if reasonably capable of	808
simultaneous operation, finds that the version of section 2152.18	809
of the Revised Code presented in this act is the resulting version	810
of the section in effect prior to the effective date of the	811
section as presented in this act.	812