REPRESENTATIVES Latta, Womer Benjamin, Seitz, Gilb, Schmidt, Lendrum, Willamowski, Cirelli

To amend sections 2151.18, 2151.28, 2151.314,

1

2151.354, 2151.38, 2152.10, 2152.13, 2152.14,

2

2152.16, 2152.17, 2152.18, 2152.20, 2152.22,

3

2152.71, 2950.01, 5139.05, 5139.06, 5139.50, and

4

5139.53 of the Revised Code to revise the Juvenile

5

Law and to declare an emergency.

6

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

Section 1. That sections 2151.18, 2151.28, 2151.314,	7
2151.354, 2151.38, 2152.10, 2152.13, 2152.14, 2152.16, 2152.17,	8
2152.18, 2152.20, 2152.22, 2152.71, 2950.01, 5139.05, 5139.06,	9
5139.50, and 5139.53 of the Revised Code be amended to read as	10
follows:	11

Sec. 2151.18.  (A) The juvenile court shall maintain records	12
of all official cases brought before it, including, but not	13
limited to, an appearance docket, a journal, and records of the	14
type required by division (A)(2) of section 2151.35 of the Revised	15
Code. The parents, guardian, or other custodian of any child	16
affected, if living, or the nearest of kin of the child, if the	17
parents would be entitled to inspect the records but are deceased,	18
may inspect these records, either in person or by counsel, during	19
the hours in which the court is open.	20

(B) Not later than June of each year, the court shall	21
prepare an annual report covering the preceding calendar year	22
showing the number and kinds of cases that have come before it,	23
the disposition of the cases, and any other data pertaining to the	24
work of the court that the juvenile judge directs. The court	25
shall file copies of the report with the board of county	26
commissioners. With the approval of the board, the court may	27
print or cause to be printed copies of the report for distribution	28
to persons and agencies interested in the court or community	29
program for dependent, neglected, abused, or delinquent children	30
and juvenile traffic offenders. The court shall include the	31
number of copies ordered printed and the estimated cost of each	32
printed copy on each copy of the report printed for distribution.	33

Sec. 2151.28.  (A) No later than seventy-two hours after the	34
complaint is filed, the court shall fix a time for an adjudicatory	35
hearing. The court shall conduct the adjudicatory hearing within	36
one of the following periods of time:	37

(1) Subject to division (D)(C) of section 2152.13 of the	38
Revised Code, if the complaint alleged that the child violated	39
section 2151.87 of the Revised Code or is a delinquent or unruly	40
child or a juvenile traffic offender, the adjudicatory hearing	41
shall be held and may be continued in accordance with the Juvenile	42
Rules.	43

(2) If the complaint alleged that the child is an abused,	44
neglected, or dependent child, the adjudicatory hearing shall be	45
held no later than thirty days after the complaint is filed,	46
except that, for good cause shown, the court may continue the	47
adjudicatory hearing for either of the following periods of time:	48

(a) For ten days beyond the thirty-day deadline to allow any	49
party to obtain counsel;	50

(b) For a reasonable period of time beyond the thirty-day	51
deadline to obtain service on all parties or any necessary	52
evaluation, except that the adjudicatory hearing shall not be held	53
later than sixty days after the date on which the complaint was	54
filed.	55

(B) At an adjudicatory hearing held pursuant to division	56
(A)(2) of this section, the court, in addition to determining	57
whether the child is an abused, neglected, or dependent child,	58
shall determine whether the child should remain or be placed in	59
shelter care until the dispositional hearing. When the court	60
makes the shelter care determination, all of the following apply:	61

(1) The court shall determine whether there are any	62
relatives of the child who are willing to be temporary custodians	63
of the child. If any relative is willing to be a temporary	64
custodian, the child otherwise would remain or be placed in	65
shelter care, and the appointment is appropriate, the court shall	66
appoint the relative as temporary custodian of the child, unless	67
the court appoints another relative as custodian. If it	68
determines that the appointment of a relative as custodian would	69
not be appropriate, it shall issue a written opinion setting forth	70
the reasons for its determination and give a copy of the opinion	71
to all parties and the guardian ad litem of the child.	72

The court's consideration of a relative for appointment as a	73
temporary custodian does not make that relative a party to the	74
proceedings.	75

(2) The court shall comply with section 2151.419 of the	76
Revised Code.	77

(3) The court shall schedule the date for the dispositional	78
hearing to be held pursuant to section 2151.35 of the Revised	79
Code. The parents of the child have a right to be represented by	80
counsel; however, in no case shall the dispositional hearing be	81
held later than ninety days after the date on which the complaint	82
was filed.	83

(C)(1) The court shall direct the issuance of a summons	84
directed to the child except as provided by this section, the	85
parents, guardian, custodian, or other person with whom the child	86
may be, and any other persons that appear to the court to be	87
proper or necessary parties to the proceedings, requiring them to	88
appear before the court at the time fixed to answer the	89
allegations of the complaint. The summons shall contain the name	90
and telephone number of the court employee designated by the court	91
pursuant to section 2151.314 of the Revised Code to arrange for	92
the prompt appointment of counsel for indigent persons. A child	93
alleged to be an abused, neglected, or dependent child shall not	94
be summoned unless the court so directs. A summons issued for a	95
child who is under fourteen years of age and who is alleged to be	96
a delinquent child, unruly child, or a juvenile traffic offender	97
shall be served on the parent, guardian, or custodian of the child	98
in the child's behalf.	99

If the person who has physical custody of the child, or with	100
whom the child resides, is other than the parent or guardian, then	101
the parents and guardian also shall be summoned. A copy of the	102
complaint shall accompany the summons.	103

(2) In lieu of appearing before the court at the time fixed	104
in the summons and prior to the date fixed for appearance in the	105
summons, a child who is alleged to have violated section 2151.87	106
of the Revised Code and that child's parent, guardian, or	107
custodian may sign a waiver of appearance before the clerk of the	108
juvenile court and pay a fine of one hundred dollars. If the	109
child and that child's parent, guardian, or custodian do not waive	110
the court appearance, the court shall proceed with the	111
adjudicatory hearing as provided in this section.	112

(D) If the complaint contains a prayer for permanent	113
custody, temporary custody, whether as the preferred or an	114
alternative disposition, or a planned permanent living arrangement	115
in a case involving an alleged abused, neglected, or dependent	116
child, the summons served on the parents shall contain as is	117
appropriate an explanation that the granting of permanent custody	118
permanently divests the parents of their parental rights and	119
privileges, an explanation that an adjudication that the child is	120
an abused, neglected, or dependent child may result in an order of	121
temporary custody that will cause the removal of the child from	122
their legal custody until the court terminates the order of	123
temporary custody or permanently divests the parents of their	124
parental rights, or an explanation that the issuance of an order	125
for a planned permanent living arrangement will cause the removal	126
of the child from the legal custody of the parents if any of the	127
conditions listed in divisions (A)(5)(a) to (c) of section	128
2151.353 of the Revised Code are found to exist.	129

(E)(1) Except as otherwise provided in division (E)(2) of	130
this section, the court may endorse upon the summons an order	131
directing the parents, guardian, or other person with whom the	132
child may be to appear personally at the hearing and directing the	133
person having the physical custody or control of the child to	134
bring the child to the hearing.	135

(2) In cases in which the complaint alleges that a child is	136
an unruly or delinquent child for being an habitual or chronic	137
truant and that the parent, guardian, or other person having care	138
of the child has failed to cause the child's attendance at school,	139
the court shall endorse upon the summons an order directing the	140
parent, guardian, or other person having care of the child to	141
appear personally at the hearing and directing the person having	142
the physical custody or control of the child to bring the child to	143
the hearing.	144

(F)(1) The summons shall contain a statement advising that	145
any party is entitled to counsel in the proceedings and that the	146
court will appoint counsel or designate a county public defender	147
or joint county public defender to provide legal representation if	148
the party is indigent.	149

(2) In cases in which the complaint alleges a child to be an	150
abused, neglected, or dependent child and no hearing has been	151
conducted pursuant to division (A) of section 2151.314 of the	152
Revised Code with respect to the child or a parent, guardian, or	153
custodian of the child does not attend the hearing, the summons	154
also shall contain a statement advising that a case plan may be	155
prepared for the child, the general requirements usually contained	156
in case plans, and the possible consequences of failure to comply	157
with a journalized case plan.	158

(G) If it appears from an affidavit filed or from sworn	159
testimony before the court that the conduct, condition, or	160
surroundings of the child are endangering the child's health or	161
welfare or those of others, that the child may abscond or be	162
removed from the jurisdiction of the court, or that the child will	163
not be brought to the court, notwithstanding the service of the	164
summons, the court may endorse upon the summons an order that a	165
law enforcement officer serve the summons and take the child into	166
immediate custody and bring the child forthwith to the court.	167

(H) A party, other than the child, may waive service of	168
summons by written stipulation.	169

(I) Before any temporary commitment is made permanent, the	170
court shall fix a time for hearing in accordance with section	171
2151.414 of the Revised Code and shall cause notice by summons to	172
be served upon the parent or guardian of the child and the	173
guardian ad litem of the child, or published, as provided in	174
section 2151.29 of the Revised Code. The summons shall contain an	175
explanation that the granting of permanent custody permanently	176
divests the parents of their parental rights and privileges.	177

(J) Any person whose presence is considered necessary and	178
who is not summoned may be subpoenaed to appear and testify at the	179
hearing. Anyone summoned or subpoenaed to appear who fails to do	180
so may be punished, as in other cases in the court of common	181
pleas, for contempt of court. Persons subpoenaed shall be paid	182
the same witness fees as are allowed in the court of common pleas.	183

(K) The failure of the court to hold an adjudicatory hearing	184
within any time period set forth in division (A)(2) of this	185
section does not affect the ability of the court to issue any	186
order under this chapter and does not provide any basis for	187
attacking the jurisdiction of the court or the validity of any	188
order of the court.	189

(L) If the court, at an adjudicatory hearing held pursuant	190
to division (A) of this section upon a complaint alleging that a	191
child is an abused, neglected, dependent, delinquent, or unruly	192
child or a juvenile traffic offender, determines that the child is	193
a dependent child, the court shall incorporate that determination	194
into written findings of fact and conclusions of law and enter	195
those findings of fact and conclusions of law in the record of the	196
case. The court shall include in those findings of fact and	197
conclusions of law specific findings as to the existence of any	198
danger to the child and any underlying family problems that are	199
the basis for the court's determination that the child is a	200
dependent child.	201

Sec. 2151.314.  (A) When a child is brought before the court	202
or delivered to a place of detention or shelter care designated by	203
the court, the intake or other authorized officer of the court	204
shall immediately make an investigation and shall release the	205
child unless it appears that the child's detention or shelter care	206
is warranted or required under section 2151.31 of the Revised	207
Code.	208

If the child is not so released, a complaint under section	209
2151.27 or 2152.021 or an information under section 2152.13 of the	210
Revised Code shall be filed or an indictment under division (C)(B)	211
of section 2152.13 of the Revised Code shall be sought and an	212
informal detention or shelter care hearing held promptly, not	213
later than seventy-two hours after the child is placed in	214
detention or shelter care, to determine whether detention or	215
shelter care is required. Reasonable oral or written notice of	216
the time, place, and purpose of the detention or shelter care	217
hearing shall be given to the child and, if they can be found, to	218
the child's parents, guardian, or custodian. In cases in which	219
the complaint alleges a child to be an abused, neglected, or	220
dependent child, the notice given the parents, guardian, or	221
custodian shall inform them that a case plan may be prepared for	222
the child, the general requirements usually contained in case	223
plans, and the possible consequences of the failure to comply with	224
a journalized case plan.	225

Prior to the hearing, the court shall inform the parties of	226
their right to counsel and to appointed counsel or to the services	227
of the county public defender or joint county public defender, if	228
they are indigent, of the child's right to remain silent with	229
respect to any allegation of delinquency, and of the name and	230
telephone number of a court employee who can be contacted during	231
the normal business hours of the court to arrange for the prompt	232
appointment of counsel for any party who is indigent. Unless it	233
appears from the hearing that the child's detention or shelter	234
care is required under the provisions of section 2151.31 of the	235
Revised Code, the court shall order the child's release as	236
provided by section 2151.311 of the Revised Code. If a parent,	237
guardian, or custodian has not been so notified and did not appear	238
or waive appearance at the hearing, upon the filing of an	239
affidavit stating these facts, the court shall rehear the matter	240
without unnecessary delay.	241

(B) When the court conducts a hearing pursuant to division	242
(A) of this section, all of the following apply:	243

(1) The court shall determine whether an alleged abused,	244
neglected, or dependent child should remain or be placed in	245
shelter care;	246

(2) The court shall determine whether there are any	247
relatives of the child who are willing to be temporary custodians	248
of the child. If any relative is willing to be a temporary	249
custodian, the child would otherwise be placed or retained in	250
shelter care, and the appointment is appropriate, the court shall	251
appoint the relative as temporary custodian of the child, unless	252
the court appoints another relative as temporary custodian. If it	253
determines that the appointment of a relative as custodian would	254
not be appropriate, it shall issue a written opinion setting forth	255
the reasons for its determination and give a copy of the opinion	256
to all parties and to the guardian ad litem of the child.	257

The court's consideration of a relative for appointment as a	258
temporary custodian does not make that relative a party to the	259
proceedings.	260

(3) The court shall comply with section 2151.419 of the	261
Revised Code.	262

(C) If a child is in shelter care following the filing of a	263
complaint pursuant to section 2151.27 or 2152.021 of the Revised	264
Code, the filing of an information, or the obtaining of an	265
indictment or following a hearing held pursuant to division (A) of	266
this section, any party, including the public children services	267
agency, and the guardian ad litem of the child may file a motion	268
with the court requesting that the child be released from shelter	269
care. The motion shall state the reasons why the child should be	270
released from shelter care and, if a hearing has been held	271
pursuant to division (A) of this section, any changes in the	272
situation of the child or the parents, guardian, or custodian of	273
the child that have occurred since that hearing and that justify	274
the release of the child from shelter care. Upon the filing of	275
the motion, the court shall hold a hearing in the same manner as	276
under division (A) of this section.	277

(D) Each juvenile court shall designate at least one court	278
employee to assist persons who are indigent in obtaining appointed	279
counsel. The court shall include in each notice given pursuant to	280
division (A) or (C) of this section and in each summons served	281
upon a party pursuant to this chapter, the name and telephone	282
number at which each designated employee can be contacted during	283
the normal business hours of the court to arrange for prompt	284
appointment of counsel for indigent persons.	285

Sec. 2151.354.  (A) If the child is adjudicated an unruly	286
child, the court may:	287

(1) Make any of the dispositions authorized under section	288
2151.353 of the Revised Code;	289

(2) Place the child on community control under any	290
sanctions, services, and conditions that the court prescribes, as	291
described in division (A)(3) of section 2152.19 of the Revised	292
Code, provided that, if the court imposes a period of community	293
service upon the child, the period of community service shall not	294
exceed thirty hours;	295

(3) Suspend or revoke the driver's license, probationary	296
driver's license, or temporary instruction permit issued to the	297
child and suspend or revoke the registration of all motor vehicles	298
registered in the name of the child. A child whose license or	299
permit is so suspended or revoked is ineligible for issuance of a	300
license or permit during the period of suspension or revocation.	301
At the end of the period of suspension or revocation, the child	302
shall not be reissued a license or permit until the child has paid	303
any applicable reinstatement fee and complied with all	304
requirements governing license reinstatement.	305

(4) Commit the child to the temporary or permanent custody	306
of the court;	307

(5) If, after making a disposition under division (A)(1),	308
(2), or (3) of this section, the court finds upon further hearing	309
that the child is not amenable to treatment or rehabilitation	310
under that disposition, make a disposition otherwise authorized	311
under divisions (A)(1), (3), (4), and (7) of section 2152.19 of	312
the Revised Code, except that the child may not be committed to or	313
placed in a secure correctional facility, and commitment to or	314
placement in a detention facility may not exceed twenty-four	315
hours unless authorized by division (B)(3) of section 2151.312 or	316
sections 2151.56 to 2151.61 of the Revised Code.	317

(B) If a child is adjudicated an unruly child for committing	318
any act that, if committed by an adult, would be a drug abuse	319
offense, as defined in section 2925.01 of the Revised Code, or a	320
violation of division (B) of section 2917.11 of the Revised Code,	321
then, in addition to imposing, in its discretion, any other order	322
of disposition authorized by this section, the court shall do both	323
of the following:	324

(1) Require the child to participate in a drug abuse or	325
alcohol abuse counseling program;	326

(2) Suspend or revoke the temporary instruction permit,	327
probationary driver's license, or driver's license issued to the	328
child for a period of time prescribed by the court or, at the	329
discretion of the court, until the child attends and	330
satisfactorily completes a drug abuse or alcohol abuse education,	331
intervention, or treatment program specified by the court. During	332
the time the child is attending the program, the court shall	333
retain any temporary instruction permit, probationary driver's	334
license, or driver's license issued to the child and shall return	335
the permit or license when the child satisfactorily completes the	336
program.	337

(C)(1) If a child is adjudicated an unruly child for being	338
an habitual truant, in addition to or in lieu of imposing any	339
other order of disposition authorized by this section, the court	340
may do any of the following:	341

(a) Order the board of education of the child's school	342
district or the governing board of the educational service center	343
in the child's school district to require the child to attend an	344
alternative school if an alternative school has been established	345
pursuant to section 3313.533 of the Revised Code in the school	346
district in which the child is entitled to attend school;	347

(b) Require the child to participate in any academic program	348
or community service program;	349

(c) Require the child to participate in a drug abuse or	350
alcohol abuse counseling program;	351

(d) Require that the child receive appropriate medical or	352
psychological treatment or counseling;	353

(e) Make any other order that the court finds proper to	354
address the child's habitual truancy, including an order requiring	355
the child to not be absent without legitimate excuse from the	356
public school the child is supposed to attend for five or more	357
consecutive days, seven or more school days in one school month,	358
or twelve or more school days in a school year and including an	359
order requiring the child to participate in a truancy prevention	360
mediation program.	361

(2) If a child is adjudicated an unruly child for being an	362
habitual truant and the court determines that the parent,	363
guardian, or other person having care of the child has failed to	364
cause the child's attendance at school in violation of section	365
3321.38 of the Revised Code, in addition to any order of	366
disposition authorized by this section, all of the following	367
apply:	368

(a) The court may require the parent, guardian, or other	369
person having care of the child to participate in any community	370
service program, preferably a community service program that	371
requires the involvement of the parent, guardian, or other person	372
having care of the child in the school attended by the child.	373

(b) The court may require the parent, guardian, or other	374
person having care of the child to participate in a truancy	375
prevention mediation program.	376

(c) The court shall warn the parent, guardian, or other	377
person having care of the child that any subsequent adjudication	378
of the child as an unruly or delinquent child for being an	379
habitual or chronic truant may result in a criminal charge against	380
the parent, guardian, or other person having care of the child for	381
a violation of division (C) of section 2919.21 or section 2919.24	382
of the Revised Code.	383

Sec. 2151.38. (A) Subject to sections 2151.353 and	384
2151.412 to 2151.421 of the Revised Code, and any other provision	385
of law that specifies a different duration for a dispositional	386
order, all dispositional orders made by the court under this	387
chapter shall be temporary and shall continue for a period that is	388
designated by the court in its order, until terminated or modified	389
by the court or until the child attains twenty-one years of age.	390

The release authority of the department of youth services	391
shall not release the child from institutional care or	392
institutional care in a secure facility and as a result shall not	393
discharge the child or order the child's release on supervised	394
release prior to the expiration of the prescribed minimum period	395
of institutionalization or institutionalization in a secure	396
facility or prior to the child's attainment of twenty-one years of	397
age, whichever is applicable under the order of commitment.	398

Sec. 2152.10.  (A) A child who is alleged to be a delinquent	399
child is eligible for mandatory transfer and shall be transferred	400
as provided in section 2152.12 of the Revised Code in any of the	401
following circumstances:	402

(1) The child is charged with a category one offense and	403
either of the following apply:	404

(a) The child was sixteen years of age or older at the time	405
of the act charged.	406

(b) The child was fourteen or fifteen years of age at the	407
time of the act charged and previously was adjudicated a	408
delinquent child for committing an act that is a category one or	409
category two offense and was committed to the legal custody of the	410
department of youth services upon the basis of that adjudication.	411

(2) The child is charged with a category two offense, other	412
than a violation of section 2905.01 of the Revised Code, the child	413
was sixteen years of age or older at the time of the commission of	414
the act charged, and either or both of the following apply:	415

(a) The child previously was adjudicated a delinquent child	416
for committing an act that is a category one or a category two	417
offense and was committed to the legal custody of the department	418
of youth services on the basis of that adjudication.	419

(b) The child is alleged to have had a firearm on or about	420
the child's person or under the child's control while committing	421
the act charged and to have displayed the firearm, brandished the	422
firearm, indicated possession of the firearm, or used the firearm	423
to facilitate the commission of the act charged.	424

(3) Division (A)(2) of section 2152.12 of the Revised Code	425
applies.	426

(B) Unless the child is subject to mandatory transfer, if a	427
child is fourteen years of age or older at the time of the act	428
charged and if the child is charged with an act that would be a	429
felony if committed by an adult, the child is eligible for	430
discretionary transfer to the appropriate court for criminal	431
prosecution. In determining whether to transfer the child for	432
criminal prosecution, the juvenile court shall follow the	433
procedures in section 2152.12 of the Revised Code. If the court	434
does not transfer the child and if the court adjudicates the child	435
to be a delinquent child for the act charged, the court shall	436
issue an order of disposition in accordance with section 2152.11	437
of the Revised Code.	438

Sec. 2152.13.  (A) A juvenile court may impose a serious	439
youthful offender dispositional sentence on a child only if the	440
prosecuting attorney of the county in which the delinquent act	441
allegedly occurred initiates the process against the child in	442
accordance with this division or division (B) of this section, and	443
the child is an alleged delinquent child who is eligible for the	444
dispositional sentence. The prosecuting attorney may initiate the	445
process in any of the following ways:	446

(1) TheObtaining an indictment of the child is indicted as a	447
serious youthful offender or is charged;	448

(2) The child waives the right to indictment, charging the	449
child in a bill of information as a serious youthful offender.	450

(2) The;

451

(3) Pending indictment or information, requesting a serious	452
youthful offender dispositional sentence in the original complaint	453
alleging that the child is a delinquent child requests a serious	454
youthful offender dispositional sentence.	455

(B) Unless;

456

(4) Pending indictment or information, if the original	457
complaint includes a notice of intent to seek that type ofdoes	458
not request a serious youthful offender dispositional sentence,	459
the prosecuting attorney shall filefiling with the juvenile court	460
a written notice of intent to seek a serious youthful offender	461
dispositional sentence within twenty days after the later of the	462
following, unless the time is extended by the juvenile court for	463
good cause shown:	464

(1)(a) The date of the child's first juvenile court hearing	465
regarding the complaint;	466

(2)(b) The date the juvenile court determines not to	467
transfer the case under section 2152.12 of the Revised Code.	468

After a written notice is filed under this division (A)(4) of	469
this section, the juvenile court shall serve a copy of the notice	470
on the child and advise the child of the prosecuting attorney's	471
intent to seek a serious youthful offender dispositional sentence	472
in the case.	473

(C)(B) If an alleged delinquent child is not indicted or	474
charged by information as described in division (A)(1) or (2) of	475
this section and if a notice or complaint as described in division	476
(A)(3) or (B)(4) of this section indicates that the prosecuting	477
attorney intends to pursue a serious youthful offender	478
dispositional sentence in the case, the juvenile court shall hold	479
a preliminary hearing to determine if there is probable cause that	480
the child committed the act charged and is by age eligible for, or	481
required to receive, a serious youthful offender dispositional	482
sentence.	483

(D)(C)(1) A child for whom a serious youthful offender	484
dispositional sentence is sought has the right to a grand jury	485
determination of probable cause that the child committed the act	486
charged and that the child is eligible by age for a serious	487
youthful offender dispositional sentence. The grand jury may be	488
impaneled by the court of common pleas or the juvenile court.	489

Once a child is indicted, or charged by information or the	490
juvenile court determines that the child is eligible for a serious	491
youthful offender dispositional sentence, the child is entitled to	492
an open and speedy trial by jury in juvenile court and to be	493
provided with a transcript of the proceedings. The time within	494
which the trial is to be held under Title XXIX of the Revised Code	495
commences on whichever of the following dates is applicable:	496

(a) If the child is indicted or charged by information, on	497
the date of the filing of the indictment or information.	498

(b) If the child is charged by an original complaint that	499
requests a serious youthful offender dispositional sentence, on	500
the date of the filing of the complaint.	501

(c) If the child is not charged by an original complaint that	502
requests a serious youthful offender dispositional sentence, on	503
the date that the prosecuting attorney files the written notice of	504
intent to seek a serious youthful offender dispositional sentence.	505

(2) If the child is detained awaiting adjudication, upon	506
indictment or being charged by information, the child has the same	507
right to bail as an adult charged with the offense the alleged	508
delinquent act would be if committed by an adult. Except as	509
provided in division (D) of section 2152.14 of the Revised Code,	510
all provisions of Title XXIX of the Revised Code and the criminal	511
rulesCriminal Rules shall apply in the case and to the child.	512
The juvenile court shall afford the child all rights afforded a	513
person who is prosecuted for committing a crime including the	514
right to counsel and the right to raise the issue of competency.	515
The child may not waive the right to counsel.	516

(E)(D)(1) If a child is adjudicated a delinquent child for	517
committing an act under circumstances that require the juvenile	518
court to impose upon the child a serious youthful offender	519
dispositional sentence under section 2152.11 of the revised code	520
Revised Code, all of the following apply:	521

(a) The juvenile court shall impose upon the child a	522
sentence available for the violation, as if the child were an	523
adult, under Chapter 2929. of the Revised Code, except that the	524
juvenile court shall not impose on the child a sentence of death	525
or life imprisonment without parole.	526

(b) The juvenile court also shall impose upon the child one	527
or more traditional juvenile dispositions under sections 2152.16	528
and, 2152.19, and 2152.20, and, if applicable, section 2152.17 of	529
the Revised Code.	530

(c) The juvenile court shall stay the adult portion of the	531
serious youthful offender dispositional sentence pending the	532
successful completion of the traditional juvenile dispositions	533
imposed.	534

(2)(a) If a child is adjudicated a delinquent child for	535
committing an act under circumstances that allow, but do not	536
require, the juvenile court to impose on the child a serious	537
youthful offender dispositional sentence under section 2152.11 of	538
the Revised Code, all of the following apply:	539

(i) If the juvenile court on the record makes a finding	540
that, given the nature and circumstances of the violation and the	541
history of the child, the length of time, level of security, and	542
types of programming and resources available in the juvenile	543
system alone are not adequate to provide the juvenile court with a	544
reasonable expectation that the purposes set forth in section	545
2152.01 of the Revised Code will be met, the juvenile court may	546
impose upon the child a sentence available for the violation, as	547
if the child were an adult, under Chapter 2929. of the Revised	548
Code, except that the juvenile court shall not impose on the child	549
a sentence of death or life imprisonment without parole.	550

(ii) If a sentence is imposed under division (E)(D)(2)(a)(i)	551
of this section, the juvenile court also shall impose upon the	552
child one or more traditional juvenile dispositions under sections	553
2152.16, 2152.19, and 2152.20 and, if applicable, section 2152.17	554
of the Revised Code.	555

(iii) The juvenile court shall stay the adult portion of the	556
serious youthful offender dispositional sentence pending the	557
successful completion of the traditional juvenile dispositions	558
imposed.	559

(b) If the juvenile court does not find that a sentence	560
should be imposed under division (E)(D)(2)(a)(i) of this section,	561
the juvenile court may impose one or more traditional juvenile	562
dispositions under sections 2152.16, 2152.19, 2152.20, and, if	563
applicable, section 2152.17 of the Revised Code.	564

(3) A child upon whom a serious youthful offender	565
dispositional sentence is imposed under division (E)(D)(1) or (2)	566
of this section has a right to appeal under division (A)(1), (3),	567
(4), (5), or (6) of section 2953.08 of the Revised Code the adult	568
portion of the serious youthful offender dispositional sentence	569
when any of those divisions apply. The child may appeal the adult	570
portion, and the court shall consider the appeal as if the adult	571
portion were not stayed.	572

Sec. 2152.14.  (A)(1) The director of youth services may	573
request the prosecuting attorney of the county in which is located	574
the juvenile court that imposed a serious youthful offender	575
dispositional sentence upon a person to file a motion with that	576
juvenile court to invoke the adult portion of the dispositional	577
sentence if all of the following apply to the person:	578

(a) The person is at least fourteen years of age.

579

(b) The person is in the institutional custody, or an	580
escapee from the custody, of the department of youth services.	581

(c) The person is serving the juvenile portion of the	582
serious youthful offender dispositional sentence.	583

(2) The motion shall state that there is reasonable cause to	584
believe that either of the following misconduct has occurred and	585
shall state that at least one incident of misconduct of that	586
nature occurred after the person reached fourteen years of age:	587

(a) The person committed an act that is a violation of the	588
rules of the institution and that could be charged as any felony	589
or as a first degree misdemeanor offense of violence if committed	590
by an adult.	591

(b) The person has engaged in conduct that creates a	592
substantial risk to the safety or security of the institution, the	593
community, or the victim.	594

(B) If a person is at least fourteen years of age, is	595
serving the juvenile portion of a serious youthful offender	596
dispositional sentence, and is on parole or aftercare from a	597
department of youth services facility, or on community control,	598
the director of youth services, the juvenile court that imposed	599
the serious youthful offender dispositional sentence on the	600
person, or the probation department supervising the person may	601
request the prosecuting attorney of the county in which is located	602
the juvenile court to file a motion with the juvenile court to	603
invoke the adult portion of the dispositional sentence. The	604
prosecuting attorney may file a motion to invoke the adult portion	605
of the dispositional sentence even if no request is made. The	606
motion shall state that there is reasonable cause to believe that	607
either of the following occurred and shall state that at least one	608
incident of misconduct of that nature occurred after the person	609
reached fourteen years of age:	610

(1) The person committed an act that is a violation of the	611
conditions of supervision and that could be charged as any felony	612
or as a first degree misdemeanor offense of violence if committed	613
by an adult.	614

(2) The person has engaged in conduct that creates a	615
substantial risk to the safety or security of the community or of	616
the victim.	617

(C) If the prosecuting attorney declines a request to file a	618
motion that was made by the department of youth services or the	619
supervising probation department under division (A) or (B) of this	620
section or fails to act on a request made under either division by	621
the department within a reasonable time, the department of youth	622
services or the supervising probation department may file a motion	623
of the type described in division (A) or (B) of this section with	624
the juvenile court to invoke the adult portion of the serious	625
youthful offender dispositional sentence. If the prosecuting	626
attorney declines a request to file a motion that was made by the	627
juvenile court under division (B) of this section or fails to act	628
on a request from the court under that division within a	629
reasonable time, the juvenile court may hold the hearing described	630
in division (D) of this section on its own motion.	631

(D) Upon the filing of a motion described in division (A),	632
(B), or (C) of this section, the juvenile court may hold a hearing	633
to determine whether to invoke the adult portion of a person's	634
serious juvenile offender dispositional sentence. The juvenile	635
court shall not invoke the adult portion of the dispositional	636
sentence without a hearing. At the hearing the person who is the	637
subject of the serious youthful offender disposition has the right	638
to be present, to receive notice of the grounds upon which the	639
adult sentence portion is sought to be invoked, to be represented	640
by counsel including counsel appointed under Juvenile Rule 4(A),	641
to be advised on the procedures and protections set forth in the	642
Juvenile Rules, and to present evidence on the person's own	643
behalf, including evidence that the person has a mental illness or	644
is a mentally retarded person. The person may not waive the right	645
to counsel. The hearing shall be open to the public. If the	646
person presents evidence that the person has a mental illness or	647
is a mentally retarded person, the juvenile court shall consider	648
that evidence in determining whether to invoke the adult portion	649
of the serious youthful offender dispositional sentence.	650

(E)(1) The juvenile court may invoke the adult portion of a	651
person's serious youthful offender dispositional sentence if the	652
juvenile court finds all of the following on the record by clear	653
and convincing evidence:	654

(1)(a) The person is serving the juvenile portion of a	655
serious youthful offender dispositional sentence.	656

(2)(b) The person is at least fourteen years of age and has	657
been admitted to a department of youth services facility, or	658
criminal charges are pending against the person.	659

(3)(c) The person engaged in the conduct or acts charged	660
under division (A), (B), or (C) of this section, and the person's	661
conduct demonstrates that the person is unlikely to be	662
rehabilitated during the remaining period of juvenile	663
jurisdiction.	664

(2) The court may modify the adult sentence the court	665
invokes to consist of any lesser prison term that could be imposed	666
for the offense and, in addition to the prison term or in lieu of	667
the prison term if the prison term was not mandatory, any	668
community control sanction that the offender was eligible to	669
receive at sentencing.	670

(F) If a juvenile court issues an order invoking the adult	671
portion of a serious youthful offender dispositional sentence	672
under division (E) of this section, the juvenile portion of the	673
dispositional sentence shall terminate, and the department of	674
youth services shall transfer the person to the department of	675
rehabilitation and correction or place the person under another	676
sanction imposed as part of the sentence. The juvenile court	677
shall state in its order the total number of days that the person	678
has been held in detention or in a facility operated by, or under	679
contract with, the department of youth services under the juvenile	680
portion of the dispositional sentence. The time the person must	681
serve on a prison term imposed under the adult portion of the	682
dispositional sentence shall be reduced by the total number of	683
days specified in the order plus any additional days the person is	684
held in a juvenile facility or in detention after the order is	685
issued and before the person is transferred to the custody of the	686
department of rehabilitation and correction. In no case shall the	687
total prison term as calculated under this division exceed the	688
maximum prison term available for an adult who is convicted of	689
violating the same sections of the Revised Code.	690

Any community control imposed as part of the adult sentence	691
or as a condition of a judicial release from prison shall be under	692
the supervision of the entity that provides adult probation	693
services in the county. Any post-release control imposed after	694
the offender otherwise is released from prison shall be supervised	695
by the adult parole authority.	696

Sec. 2152.16.  (A)(1) If a child is adjudicated a delinquent	697
child for committing an act that would be a felony if committed by	698
an adult, the juvenile court may commit the child to the legal	699
custody of the department of youth services for secure confinement	700
as follows:	701

(a) For an act that would be aggravated murder or murder if	702
committed by an adult, until the offender attains twenty-one years	703
of age;	704

(b) For a violation of section 2923.02 of the Revised Code	705
that involves an attempt to commit an act that would be aggravated	706
murder or murder if committed by an adult, a minimum period of six	707
to seven years as prescribed by the court and a maximum period not	708
to exceed the child's attainment of twenty-one years of age;	709

(c) For a violation of section 2903.03, 2905.01, 2909.02, or	710
2911.01 or division (A) of section 2903.04 of the Revised Code or	711
for a violation of any provision of section 2907.02 of the Revised	712
Code other than division (A)(1)(b) of that section when the sexual	713
conduct or insertion involved was consensual and when the victim	714
of the violation of division (A)(1)(b) of that section was older	715
than the delinquent child, was the same age as the delinquent	716
child, or was less than three years younger than the delinquent	717
child, for an indefinite term consisting of a minimum period of	718
one to three years, as prescribed by the court, and a maximum	719
period not to exceed the child's attainment of twenty-one years of	720
age;	721

(d) If the child is adjudicated a delinquent child for	722
committing an act that is not described in division (A)(1)(b) or	723
(c) of this section and that would be a felony of the first or	724
second degree if committed by an adult, for an indefinite term	725
consisting of a minimum period of one year and a maximum period	726
not to exceed the child's attainment of twenty-one years of age.	727

(e) For committing an act that would be a felony of the	728
third, fourth, or fifth degree if committed by an adult or for a	729
violation of division (A) of section 2923.211 of the Revised Code,	730
for an indefinite term consisting of a minimum period of six	731
months and a maximum period not to exceed the child's attainment	732
of twenty-one years of age.	733

(2) In each case in which a court makes a disposition under	734
this section, the court retains control over the commitment for	735
the minimum period specified by the court in divisions (A)(1)(a)	736
to (e) of this section. During the period of court control, the	737
department of youth services shall not move the child to a	738
nonsecure setting without the permission of the court that imposed	739
the disposition.	740

(B) If(1) Subject to division (B)(2) of this section, if a	741
delinquent child is committed to the department of youth services	742
under this section, the department may release the child at any	743
time after the period of court control imposed under division	744
(A)(1) of this section ends.	745

(2) A commitment under this section is subject to a	746
supervised release or to a discharge of the child from the custody	747
of the department for medical reasons pursuant to section 5139.54	748
of the Revised Code.	749

(C) If a child is adjudicated a delinquent child, at the	750
dispositional hearing and prior to making any disposition pursuant	751
to this section, the court shall determine whether the delinquent	752
child previously has been adjudicated a delinquent child for a	753
violation of a law or ordinance. If the delinquent child	754
previously has been adjudicated a delinquent child for a violation	755
of a law or ordinance, the court, for purposes of entering an	756
order of disposition of the delinquent child under this section,	757
shall consider the previous delinquent child adjudication as a	758
conviction of a violation of the law or ordinance in determining	759
the degree of the offense the current act would be had it been	760
committed by an adult. This division also shall apply in relation	761
to the imposition of any financial sanction under section 2152.19	762
of the Revised Code.	763

Sec. 2152.17.  (A) Subject to division (D) of this section,	764
if a child is adjudicated a delinquent child for committing an	765
act, other than a violation of section 2923.12 of the Revised	766
Code, that would be a felony if committed by an adult and if the	767
court determines that, if the child was an adult, the child would	768
be guilty of a specification of the type set forth in section	769
2941.141, 2941.144, 2941.145, or 2941.146 of the Revised Code, in	770
addition to any commitment or other disposition the court imposes	771
for the underlying delinquent act, all of the following apply:	772

(1) If the court determines that the child would be guilty	773
of a specification of the type set forth in section 2941.141 of	774
the Revised Code, the court may commit the child to the department	775
of youth services for the specification for a definite period of	776
up to one year.	777

(2) If the court determines that the child would be guilty	778
of a specification of the type set forth in section 2941.145 of	779
the Revised Code, the court shall commit the child to the	780
department of youth services for the specification for a definite	781
period of not less than one and not more than three years, and the	782
court also shall commit the child to the department for the	783
underlying delinquent act under sections 2152.11 to 2152.16 of the	784
Revised Code.	785

(3) If the court determines that the child would be guilty	786
of a specification of the type set forth in section 2941.144 or	787
2941.146 of the Revised Code, the court shall commit the child to	788
the department of youth services for the specification for a	789
definite period of not less than one and not more than five years,	790
and the court also shall commit the child to the department for	791
the underlying delinquent act under sections 2152.11 to 2152.16 of	792
the Revised Code.	793

(B) Division (A) of this section also applies to a child who	794
is an accomplice to the same extent the firearm specifications	795
would apply to an adult accomplice in a criminal proceeding.	796

(C) If a child is adjudicated a delinquent child for	797
committing an act that would be aggravated murder, murder, or a	798
first, second, or third degree felony offense of violence if	799
committed by an adult and if the court determines that, if the	800
child was an adult, the child would be guilty of a specification	801
of the type set forth in section 2941.142 of the Revised Code in	802
relation to the act for which the child was adjudicated a	803
delinquent child, the court shall commit the child for the	804
specification to the legal custody of the department of youth	805
services for institutionalization in a secure facility for a	806
definite period of not less than one and not more than three	807
years, subject to division (D)(2) of this section, and the court	808
also shall commit the child to the department for the underlying	809
delinquent act.	810

(D)(1) If the child is adjudicated a delinquent child for	811
committing an act that would be an offense of violence that is a	812
felony if committed by an adult and is committed to the legal	813
custody of the department of youth services pursuant to division	814
(A)(4), (5), or (6)(1) of this section 2152.16 of the Revised Code	815
and if the court determines that the child, if the child was an	816
adult, would be guilty of a specification of the type set forth in	817
section 2941.1411 of the Revised Code in relation to the act for	818
which the child was adjudicated a delinquent child, the court may	819
commit the child to the custody of the department of youth	820
services for institutionalization in a secure facility for two	821
years, subject to division (A)(7)(d)(D)(2) of this section.	822

(d)(2) A court that imposes a period of commitment under	823
division (A)(7)(a) of this section is not precluded from imposing	824
an additional period of commitment under division (A)(7)(b)(C) or	825
(c)(D)(1) of this section, a court that imposes a period of	826
commitment under division (A)(7)(b)(C) of this section is not	827
precluded from imposing an additional period of commitment under	828
division (A)(7)(a) or (c)(D)(1) of this section, and a court that	829
imposes a period of commitment under division (A)(7)(c)(D)(1) of	830
this section is not precluded from imposing an additional period	831
of commitment under division (A)(7)(a) or (b)(C) of this section.	832

(E) The court shall not commit a child to the legal custody	833
of the department of youth services for a specificationtwo or	834
more specifications pursuant to this section for a period that	835
exceeds five years forin relation to any one delinquent act. Any	836
commitment imposed pursuant to division (A), (B), or (C), or	837
(D)(1) of this section shall be in addition to, and shall be	838
served consecutively with and prior to, a period of commitment	839
ordered under this chapter for the underlying delinquent act, and	840
each commitment imposed pursuant to division (A), (B), or (C), or	841
(D)(1) of this section shall be in addition to, and shall be	842
served consecutively with, any other period of commitment imposed	843
under those divisions. If a commitment is imposed under division	844
(A) or (B) of this section and a commitment also is imposed under	845
division (C) of this section, the period imposed under division	846
(A) or (B) of this section shall be served prior to the period	847
imposed under division (C) of this section.	848

The total of all the periods of commitment imposed for any	849
specification under this section and for the underlying offense	850
shall not exceed the child's attainment of twenty-one years of	851
age.	852

(E)(F) If a child is adjudicated a delinquent child for	853
committing two or more acts that would be felonies if committed by	854
an adult and if the court entering the delinquent child	855
adjudication orders the commitment of the child for two or more of	856
those acts to the legal custody of the department of youth	857
services for institutionalization in a secure facility pursuant to	858
section 2152.13 or 2152.16 orof the Revised Code, the court may	859
order that all of the periods of commitment imposed under those	860
sections for those acts be served consecutively in the legal	861
custody of the department of youth services, provided that those	862
periods of commitment shall be in addition to and commence	863
immediately following the expiration of a period of commitment	864
that the court imposes pursuant to division (A), (B), or (C), or	865
(D)(1) of this section. A court shall not commit a delinquent	866
child to the legal custody of the department of youth services	867
under this division for a period that exceeds the child's	868
attainment of twenty-one years of age.	869

(F)(G) If a child is adjudicated a delinquent child for	870
committing an act that if committed by an adult would be	871
aggravated murder, murder, rape, felonious sexual penetration in	872
violation of former section 2907.12 of the Revised Code,	873
involuntary manslaughter, a felony of the first or second degree	874
resulting in the death of or physical harm to a person, complicity	875
in or an attempt to commit any of those offenses, or an offense	876
under an existing or former law of this state that is or was	877
substantially equivalent to any of those offenses and if the court	878
in its order of disposition for that act commits the child to the	879
custody of the department of youth services, the adjudication	880
shall be considered a conviction for purposes of a future	881
determination pursuant to Chapter 2929. of the Revised Code as to	882
whether the child, as an adult, is a repeat violent offender.	883

Sec. 2152.18.  (A) When a juvenile court commits a	884
delinquent child to the custody of the department of youth	885
services pursuant to this chapter, the court shall not designate	886
the specific institution in which the department is to place the	887
child but instead shall specify that the child is to be	888
institutionalized in a secure facility.	889

(B) When a juvenile court commits a delinquent child to the	890
custody of the department of youth services pursuant to this	891
chapter, the court shall state in the order of commitment the	892
total number of days that the child has been held in detention in	893
connection with the delinquent child complaint upon which the	894
order of commitment is based. The department shall reduce the	895
minimum period of institutionalization that was ordered by both	896
the total number of days that the child has been so held in	897
detention as stated by the court in the order of commitment and	898
the total number of any additional days that the child has been	899
held in detention subsequent to the order of commitment but prior	900
to the transfer of physical custody of the child to the	901
department.	902

(C)(1) When a juvenile court commits a delinquent child to	903
the custody of the department of youth services pursuant to this	904
chapter, the court shall provide the department with the child's	905
medical records, a copy of the report of any mental examination of	906
the child ordered by the court, the Revised Code section or	907
sections the child violated and the degree of each violation, the	908
warrant to convey the child to the department, a copy of the	909
court's journal entry ordering the commitment of the child to the	910
legal custody of the department, a copy of the arrest record	911
pertaining to the act for which the child was adjudicated a	912
delinquent child, a copy of any victim impact statement pertaining	913
to the act, and any other information concerning the child that	914
the department reasonably requests. The court also shall complete	915
the form for the standard predisposition investigation report that	916
the department furnishes pursuant to section 5139.04 of the	917
Revised Code and provide the department with the completed form.	918

The department may refuse to accept physical custody of a	919
delinquent child who is committed to the legal custody of the	920
department until the court provides to the department the	921
documents specified in this division. No officer or employee of	922
the department who refuses to accept physical custody of a	923
delinquent child who is committed to the legal custody of the	924
department shall be subject to prosecution or contempt of court	925
for the refusal if the court fails to provide the documents	926
specified in this division at the time the court transfers the	927
physical custody of the child to the department.	928

(2) Within twenty working days after the department of youth	929
services receives physical custody of a delinquent child from a	930
juvenile court, the court shall provide the department with a	931
certified copy of the child's birth certificate and the child's	932
social security number or, if the court made all reasonable	933
efforts to obtain the information but was unsuccessful, with	934
documentation of the efforts it made to obtain the information.	935

(D)(1) Within ten days after an adjudication that a child is	936
a delinquent child, the court shall give written notice of the	937
adjudication to the superintendent of a city, local, exempted	938
village, or joint vocational school district, and to the principal	939
of the school the child attends, if the basis of the adjudication	940
was the commission of an act that would be a criminal offense if	941
committed by an adult, if the act was committed by the delinquent	942
child when the child was fourteen years of age or older, and if	943
the act is any of the following:	944

(a) An act that would be a felony or an offense of violence	945
if committed by an adult, an act in the commission of which the	946
child used or brandished a firearm, or an act that is a violation	947
of section 2907.04, 2907.06, 2907.07, 2907.08, 2907.09, 2907.24,	948
or 2907.241 of the Revised Code and that would be a misdemeanor if	949
committed by an adult;	950

(b) A violation of section 2923.12 of the Revised Code or of	951
a substantially similar municipal ordinance that would be a	952
misdemeanor if committed by an adult and that was committed on	953
property owned or controlled by, or at an activity held under the	954
auspices of, the board of education of that school district;	955

(c) A violation of division (A) of section 2925.03 or	956
2925.11 of the Revised Code that would be a misdemeanor if	957
committed by an adult, that was committed on property owned or	958
controlled by, or at an activity held under the auspices of, the	959
board of education of that school district, and that is not a	960
minor drug possession offense;	961

(d) An act that would be a criminal offense if committed by	962
an adult and that results in serious physical harm to persons or	963
serious physical harm to property while the child is at school, on	964
any other property owned or controlled by the board, or at an	965
interscholastic competition, an extracurricular event, or any	966
other school program or activity;	967

(e) Complicity in any violation described in division	968
(D)(1)(a), (b), (c), or (d) of this section that was alleged to	969
have been committed in the manner described in division (D)(1)(a),	970
(b), (c), or (d) of this section, regardless of whether the act of	971
complicity was committed on property owned or controlled by, or at	972
an activity held under the auspices of, the board of education of	973
that school district.	974

(2) The notice given pursuant to division (K)(D)(1) of this	975
section shall include the name of the child who was adjudicated to	976
be a delinquent child, the child's age at the time the child	977
committed the act that was the basis of the adjudication, and	978
identification of the violation of the law or ordinance that was	979
the basis of the adjudication.	980

(3) Within fourteen days after committing a delinquent child	981
to the custody of the department of youth services, the court	982
shall give notice to the school attended by the child of the	983
child's commitment by sending to that school a copy of the court's	984
journal entry ordering the commitment. As soon as possible after	985
receipt of the notice described in this division, the school shall	986
provide the department with the child's school transcript.	987
However, the department shall not refuse to accept a child	988
committed to it, and a child committed to it shall not be held in	989
a county or district detention facility, because of a school's	990
failure to provide the school transcript that it is required to	991
provide under this division.	992

(4) Within fourteen days after releasing a child from an	993
institution under its control, the department of youth services	994
shall provide the court and the school with an updated copy of the	995
child's school transcript and a summary of the institutional	996
record of the child. The department also shall provide the court	997
with a copy of any portion of the child's institutional record	998
that the court specifically requests, within five working days of	999
the request.	1000

(E) At any hearing at which a child is adjudicated a	1001
delinquent child or as soon as possible after the hearing, the	1002
court shall notify all victims of the delinquent act who may be	1003
entitled to a recovery under any of the following sections of the	1004
right of the victims to recover, pursuant to section 3109.09 of	1005
the Revised Code, compensatory damages from the child's parents;	1006
of the right of the victims to recover, pursuant to section	1007
3109.10 of the Revised Code, compensatory damages from the child's	1008
parents for willful and malicious assaults committed by the child;	1009
and of the right of the victims to recover an award of reparations	1010
pursuant to sections 2743.51 to 2743.72 of the Revised Code.	1011

Sec. 2152.20.  (A) If a child is adjudicated a delinquent	1012
child or a juvenile traffic offender, the court may order any of	1013
the following dispositions, in addition to any other disposition	1014
authorized or required by this chapter:	1015

(1) Impose a fine in accordance with the following schedule:

1016

(a) For an act that would be a minor misdemeanor or an	1017
unclassified misdemeanor if committed by an adult, a fine not to	1018
exceed fifty dollars;	1019

(b) For an act that would be a misdemeanor of the fourth	1020
degree if committed by an adult, a fine not to exceed one hundred	1021
dollars;	1022

(c) For an act that would be a misdemeanor of the third	1023
degree if committed by an adult, a fine not to exceed one hundred	1024
fifty dollars;	1025

(d) For an act that would be a misdemeanor of the second	1026
degree if committed by an adult, a fine not to exceed two hundred	1027
dollars;	1028

(e) For an act that would be a misdemeanor of the first	1029
degree if committed by an adult, a fine not to exceed two hundred	1030
fifty dollars;	1031

(f) For an act that would be a felony of the fifth degree or	1032
an unclassified felony if committed by an adult, a fine not to	1033
exceed three hundred dollars;	1034

(g) For an act that would be a felony of the fourth degree	1035
if committed by an adult, a fine not to exceed four hundred	1036
dollars;	1037

(h) For an act that would be a felony of the third degree if	1038
committed by an adult, a fine not to exceed seven hundred fifty	1039
dollars;	1040

(i) For an act that would be a felony of the second degree	1041
if committed by an adult, a fine not to exceed one thousand	1042
dollars;	1043

(j) For an act that would be a felony of the first degree if	1044
committed by an adult, a fine not to exceed one thousand five	1045
hundred dollars;	1046

(k) For an act that would be aggravated murder or murder if	1047
committed by an adult, a fine not to exceed two thousand dollars.	1048

(2) Require the child to pay costs;

1049

(3) Require the child to make restitution to the victim of	1050
the child's delinquent act or, if the victim is deceased, to a	1051
survivor of the victim in an amount based upon the victim's	1052
economic loss caused by or related to the delinquent act.	1053
Restitution required under this division shall be made directly to	1054
the victim in open court or to the probation department that	1055
serves the jurisdiction or the clerk of courts on behalf of the	1056
victim. The restitution may include reimbursement to third	1057
parties, other than the delinquent child's insurer, for amounts	1058
paid to the victim or to any survivor of the victim for economic	1059
loss resulting from the delinquent act. If reimbursement to a	1060
third party is required, the reimbursement shall be made to any	1061
governmental agency to repay any amounts the agency paid to the	1062
victim or any survivor of the victim before any reimbursement is	1063
made to any other person.	1064

Restitution required under this division may be in the form	1065
of a cash reimbursement paid in a lump sum or in installments, the	1066
performance of repair work to restore any damaged property to its	1067
original condition, the performance of a reasonable amount of	1068
labor for the victim or survivor of the victim, the performance of	1069
community service work, any other form of restitution devised by	1070
the court, or any combination of the previously described forms of	1071
restitution.	1072

The court may base the restitution order under this division	1073
on an amount recommended by the victim or survivor of the victim,	1074
the delinquent child, a presentence investigation report,	1075
estimates or receipts indicating the cost of repairing or	1076
replacing property, and any other information. If the amount of	1077
the restitution is disputed by the victim or survivor or by the	1078
delinquent child, the court shall hold a hearing on the	1079
restitution. The court shall determine, or order the	1080
determination of, the amount of restitution to be paid by the	1081
delinquent child. All restitution payments shall be credited	1082
against any recovery of economic loss in a civil action brought by	1083
or on behalf of the victim against the delinquent child or the	1084
delinquent child's parent, guardian, or other custodian.	1085

The court may order that the delinquent child pay a	1086
surcharge, in an amount not exceeding five per cent of the amount	1087
of restitution otherwise ordered under this division, to the	1088
entity responsible for collecting and processing the restitution	1089
payments.	1090

The victim or the survivor of the victim may request that the	1091
prosecuting authority file a motion, or the delinquent child may	1092
file a motion, for modification of the payment terms of any	1093
restitution ordered under this division, based on a substantial	1094
change in the delinquent child's ability to pay.and in accordance	1095
with division (F) of this section;	1096

(4) Require the child to reimburse any or all of the costs	1097
incurred for services or sanctions provided or imposed, including,	1098
but not limited to, the following:	1099

(a) All or part of the costs of implementing any community	1100
control imposed as a disposition under section 2152.19 of the	1101
Revised Code, including a supervision fee;	1102

(b) All or part of the costs of confinement in a residential	1103
facility described in section 2152.19 of the Revised Code or in a	1104
department of youth services institution, including, but not	1105
limited to, a per diem fee for room and board, the costs of	1106
medical and dental treatment provided, and the costs of repairing	1107
property the delinquent child damaged while so confined. The	1108
amount of reimbursement ordered for a child under this division	1109
shall not exceed the total amount of reimbursement the child is	1110
able to pay as determined at a hearing and shall not exceed the	1111
actual cost of the confinement. The court may collect any	1112
reimbursement ordered under this division. If the court does not	1113
order reimbursement under this division, confinement costs may be	1114
assessed pursuant to a repayment policy adopted under division (E)	1115
of section 307.93, division (A) of section 341.06, division (D) of	1116
section 341.23, or division (C) of section 753.02, 753.04,	1117
2301.56, or 2947.19 of the Revised Code.	1118

(5) Order the parent of the child to pay restitution to the	1119
victim of the child's delinquent act or, if the victim is	1120
deceased, to a survivor of the victim in an amount based on the	1121
victim's economic loss caused by or related to the delinquent act,	1122
in the circumstances and subject to the limits described in	1123
section 2307.70 of the Revised Code, and in accordance with	1124
division (F) of this section.	1125

(B)(1) If a child is adjudicated a delinquent child for	1126
violating section 2923.32 of the Revised Code, the court shall	1127
enter an order of criminal forfeiture against the child in	1128
accordance with divisions (B)(3), (4), (5), and (6) and (C) to (F)	1129
of section 2923.32 of the Revised Code.	1130

(2) Sections 2925.41 to 2925.45 of the Revised Code apply to	1131
children who are adjudicated or could be adjudicated by a juvenile	1132
court to be delinquent children for an act that, if committed by	1133
an adult, would be a felony drug abuse offense. Subject to	1134
division (B) of section 2925.42 and division (E) of section	1135
2925.43 of the Revised Code, a delinquent child of that nature	1136
loses any right to the possession of, and forfeits to the state	1137
any right, title, and interest that the delinquent child may have	1138
in, property as defined in section 2925.41 of the Revised Code and	1139
further described in section 2925.42 or 2925.43 of the Revised	1140
Code.	1141

(3) Sections 2923.44 to 2923.47 of the Revised Code apply to	1142
children who are adjudicated or could be adjudicated by a juvenile	1143
court to be delinquent children for an act in violation of section	1144
2923.42 of the Revised Code. Subject to division (B) of section	1145
2923.44 and division (E) of section 2923.45 of the Revised Code, a	1146
delinquent child of that nature loses any right to the possession	1147
of, and forfeits to the state any right, title, and interest that	1148
the delinquent child may have in, property as defined in section	1149
2923.41 of the Revised Code and further described in section	1150
2923.44 or 2923.45 of the Revised Code.	1151

(C) The court may hold a hearing if necessary to determine	1152
whether a child is able to pay a sanction under this section.	1153

(D) If a child who is adjudicated a delinquent child is	1154
indigent, the court shall consider imposing a term of community	1155
service under division (A) of section 2152.19 of the Revised Code	1156
in lieu of imposing a financial sanction under this section. If a	1157
child who is adjudicated a delinquent child is not indigent, the	1158
court may impose a term of community service under that division	1159
in lieu of, or in addition to, imposing a financial sanction under	1160
this section. The court may order community service for an act	1161
that if committed by an adult would be a minor misdemeanor.	1162

If a child fails to pay a financial sanction imposed under	1163
this section, the court may impose a term of community service in	1164
lieu of the sanction.	1165

(E) The clerk of the court, or another person authorized by	1166
law or by the court to collect a financial sanction imposed under	1167
this section, may do any of the following:	1168

(1) Enter into contracts with one or more public agencies or	1169
private vendors for the collection of the amounts due under the	1170
financial sanction, which amounts may include interest from the	1171
date of imposition of the financial sanction;	1172

(2) Permit payment of all, or any portion of, the financial	1173
sanction in installments, by credit or debit card, by another type	1174
of electronic transfer, or by any other reasonable method, within	1175
any period of time, and on any terms that the court considers	1176
just, except that the maximum time permitted for payment shall not	1177
exceed five years. The clerk may pay any fee associated with	1178
processing an electronic transfer out of public money and may	1179
charge the fee to the delinquent child.	1180

(3) To defray administrative costs, charge a reasonable fee	1181
to a child who elects a payment plan rather than a lump sum	1182
payment of a financial sanction.	1183

(F) The restitution ordered in division (A)(3) or (5) of	1184
this section may include reimbursement to third parties, other	1185
than the delinquent child's insurer, for amounts paid to the	1186
victim or to any survivor of the victim for economic loss	1187
resulting from the delinquent act. If reimbursement to a third	1188
party is required, the reimbursement shall be made to any	1189
governmental agency to repay any amounts the agency paid to the	1190
victim or any survivor of the victim before any reimbursement is	1191
made to any other person.	1192

Restitution required under division (A)(3) of this section	1193
may be in the form of a cash reimbursement paid in a lump sum or	1194
in installments, the performance of repair work to restore any	1195
damaged property to its original condition, the performance of a	1196
reasonable amount of labor for the victim or survivor of the	1197
victim, the performance of community service work, any other form	1198
of restitution devised by the court, or any combination of the	1199
previously described forms of restitution. Restitution required	1200
under division (A)(5) of this section shall be in the form of a	1201
cash reimbursement paid in a lump sum or in installments.	1202

The court may base the restitution order under division	1203
(A)(3) or (5) of this section on an amount recommended by the	1204
victim or survivor of the victim, the delinquent child, the parent	1205
of the delinquent child, a presentence investigation report,	1206
estimates or receipts indicating the cost of repairing or	1207
replacing property, and any other information. If the amount of	1208
the restitution is disputed by the victim or survivor or by the	1209
delinquent child or parent of the delinquent child, the court	1210
shall hold a hearing on the restitution. The court shall	1211
determine, or order the determination of, the amount of	1212
restitution to be paid by the delinquent child or parent. All	1213
restitution payments made by the delinquent child or parent shall	1214
be credited against any recovery of economic loss in a civil	1215
action brought by or on behalf of the victim against the	1216
delinquent child or the delinquent child's parent, guardian, or	1217
other custodian.	1218

The court may order that the delinquent child or parent pay a	1219
surcharge, in an amount not exceeding five per cent of the amount	1220
of restitution otherwise ordered, to the entity responsible for	1221
collecting and processing the restitution payments.	1222

The victim or the survivor of the victim may request that the	1223
prosecuting authority file a motion, or the delinquent child or	1224
parent may file a motion, for modification of the payment terms of	1225
any restitution ordered, based on a substantial change in the	1226
delinquent child's or parent's ability to pay.	1227

Sec. 2152.22.  (A) When a child is committed to the legal	1228
custody of the department of youth services under this chapter,	1229
the juvenile court relinquishes control with respect to the child	1230
so committed, except as provided in divisions (B), (C), and (G) of	1231
this section or in sections 2152.82 to 2152.85 of the Revised	1232
Code. Subject to divisions (B) and (C) of this section, sections	1233
2151.353 and 2151.412 to 2151.421 of the Revised Code, sections	1234
2152.82 to 2152.85 of the Revised Code, and any other provision of	1235
law that specifies a different duration for a dispositional order,	1236
all other dispositional orders made by the court under this	1237
chapter shall be temporary and shall continue for a period that is	1238
designated by the court in its order, until terminated or modified	1239
by the court or until the child attains twenty-one years of age.	1240

The department shall not release the child from a department	1241
facility and as a result shall not discharge the child or order	1242
the child's release on supervised release prior to the expiration	1243
of the period of court control over the child or prior to the	1244
child's attainment of twenty-one years of age, except upon the	1245
order of a court pursuant to division (B) or (C) of this section	1246
or in accordance with section 5139.54 of the Revised Code.	1247

(B)(1) The court that commits a delinquent child to the	1248
department may grant judicial release of the child to court	1249
supervision under this division, during any of the following	1250
periods that are applicableduring the first half of the	1251
prescribed minimum term for which the child was committed to the	1252
department or, if the child was committed to the department until	1253
the child attains twenty-one years of age, during the first half	1254
of the prescribed period of commitment that begins on the first	1255
day of commitment and ends on the child's twenty-first birthday,	1256
provided any commitment imposed under division (A), (B), or (C),	1257
or (D) of section 2152.17 of the Revised Code has ended:	1258

(a) If the child was given a disposition under section	1259
2152.16 of the Revised Code for committing an act that would be a	1260
felony of the third, fourth, or fifth degree if committed by an	1261
adult, at any time during the first ninety days of the period of	1262
court control over the child;	1263

(b) If the child was given a disposition under section	1264
2152.13 or 2152.16 of the Revised Code, or both of those sections,	1265
for committing an act that would be a felony of the first or	1266
second degree if committed by an adult, at any time during the	1267
first one hundred eighty days of the period of court control over	1268
the child;	1269

(c) If the child was committed to the department until the	1270
child attains twenty-one years of age for an act that would be	1271
aggravated murder or murder if committed by an adult, at any time	1272
during the first half of the prescribed period of that commitment	1273
of the child.	1274

(2) If the department of youth services desires to release a	1275
child during a period specified in division (B)(1) of this	1276
section, it shall request the court that committed the child to	1277
grant a judicial release of the child to court supervision. During	1278
whichever of those periods is applicable, the child or the parents	1279
of the child also may request that court to grant a judicial	1280
release of the child to court supervision. Upon receipt of a	1281
request for a judicial release to court supervision from the	1282
department, the child, or the child's parent, or upon its own	1283
motion, the court that committed the child shall do one of the	1284
following: approve the release by journal entry; schedule within	1285
thirty days after the request is received a time for a hearing on	1286
whether the child is to be released; or reject the request by	1287
journal entry without conducting a hearing.	1288

If the court rejects an initial request for a release under	1289
this division by the child or the child's parent, the child or the	1290
child's parent may make one additional request for a judicial	1291
release to court supervision within the applicable period. The	1292
additional request may be made no earlier than thirty days after	1293
the filing of the prior request for a judicial release to court	1294
supervision. Upon the filing of a second request for a judicial	1295
release to court supervision, the court shall either approve or	1296
disapprove the release by journal entry or schedule within thirty	1297
days after the request is received a time for a hearing on whether	1298
the child is to be released.	1299

(3) If a court schedules a hearing under division (B)(2) of	1300
this section, it may order the department to deliver the child to	1301
the court on the date set for the hearing and may order the	1302
department to present to the court a report on the child's	1303
progress in the institution to which the child was committed and	1304
recommendations for conditions of supervision of the child by the	1305
court after release. The court may conduct the hearing without	1306
the child being present. The court shall determine at the hearing	1307
whether the child should be granted a judicial release to court	1308
supervision.	1309

If the court approves the release, it shall order its staff	1310
to prepare a written treatment and rehabilitation plan for the	1311
child that may include any conditions of the child's release that	1312
were recommended by the department and approved by the court. The	1313
committing court shall send the juvenile court of the county in	1314
which the child is placed a copy of the recommended plan. The	1315
court of the county in which the child is placed may adopt the	1316
recommended conditions set by the committing court as an order of	1317
the court and may add any additional consistent conditions it	1318
considers appropriate. If a child is granted a judicial release	1319
to court supervision, the release discharges the child from the	1320
custody of the department of youth services.	1321

(C)(1) The court that commits a delinquent child to the	1322
department may grant judicial release of the child to department	1323
of youth services supervision under this division, during any of	1324
the following periods that are applicableduring the second half	1325
of the prescribed minimum term for which the child was committed	1326
to the department or, if the child was committed to the department	1327
until the child attains twenty-one years of age, during the second	1328
half of the prescribed period of commitment that begins on the	1329
first day of commitment and ends on the child's twenty-first	1330
birthday, provided any commitment imposed under division (A), (B),	1331
or (C), or (D) of section 2152.17 of the Revised Code has ended:	1332

(a) If the child was given a disposition under section	1333
2152.16 of the Revised Code for an act that would be a felony of	1334
the third, fourth, or fifth degree if committed by an adult, at	1335
any time during the period of court control over the child,	1336
provided that at least ninety days of that period have elapsed;	1337

(b) If the child was given a disposition under section	1338
2152.13 or 2152.16 of the Revised Code, or both of those sections,	1339
for an act that would be a felony of the first or second degree if	1340
committed by an adult, at any time during the period of court	1341
control over the child, provided that at least one hundred eighty	1342
days of that period have elapsed;	1343

(c) If the child was committed to the department for an act	1344
that would be aggravated murder or murder if committed by an adult	1345
until the child attains twenty-one years of age, at any time	1346
during the second half of the prescribed period of that commitment	1347
of the child.	1348

(2) If the department of youth services desires to release a	1349
child during a period specified in division (C)(1) of this	1350
section, it shall request the court that committed the child to	1351
grant a judicial release to department of youth services	1352
supervision. During whichever of those periods is applicable, the	1353
child or the child's parent also may request the court that	1354
committed the child to grant a judicial release to department of	1355
youth services supervision. Upon receipt of a request for	1356
judicial release to department of youth services supervision, the	1357
child, or the child's parent, or upon its own motion at any time	1358
during that period, the court shall do one of the following:	1359
approve the release by journal entry; schedule a time within	1360
thirty days after receipt of the request for a hearing on whether	1361
the child is to be released; or reject the request by journal	1362
entry without conducting a hearing.	1363

If the court rejects an initial request for release under	1364
this division by the child or the child's parent, the child or the	1365
child's parent may make one or more subsequent requests for a	1366
release within the applicable period, but may make no more than	1367
one request during each period of ninety days that the child is in	1368
a secure department facility after the filing of a prior request	1369
for early release. Upon the filing of a request for release under	1370
this division subsequent to an initial request, the court shall	1371
either approve or disapprove the release by journal entry or	1372
schedule a time within thirty days after receipt of the request	1373
for a hearing on whether the child is to be released.	1374

(3) If a court schedules a hearing under division (C)(2) of	1375
this section, it may order the department to deliver the child to	1376
the court on the date set for the hearing and shall order the	1377
department to present to the court at that time a treatment plan	1378
for the child's post-institutional care. The court may conduct	1379
the hearing without the child being present. The court shall	1380
determine at the hearing whether the child should be granted a	1381
judicial release to department of youth services supervision.	1382

If the court approves the judicial release to department of	1383
youth services supervision, the department shall prepare a written	1384
treatment and rehabilitation plan for the child pursuant to	1385
division (E) of this section that shall include the conditions of	1386
the child's release. It shall send the committing court and the	1387
juvenile court of the county in which the child is placed a copy	1388
of the plan. The court of the county in which the child is placed	1389
may adopt the conditions set by the department as an order of the	1390
court and may add any additional consistent conditions it	1391
considers appropriate, provided that the court may not add any	1392
condition that decreases the level or degree of supervision	1393
specified by the department in its plan, that substantially	1394
increases the financial burden of supervision that will be	1395
experienced by the department, or that alters the placement	1396
specified by the department in its plan. If the court of the	1397
county in which the child is placed adds to the department's plan	1398
any additional conditions, it shall enter those additional	1399
conditions in its journal and shall send to the department a copy	1400
of the journal entry of the additional conditions.	1401

If the court approves the judicial release to department of	1402
youth services supervision, the actual date on which the	1403
department shall release the child is contingent upon the	1404
department finding a suitable placement for the child. If the	1405
child is to be returned to the child's home, the department shall	1406
return the child on the date that the court schedules for the	1407
child's release or shall bear the expense of any additional time	1408
that the child remains in a department facility. If the child is	1409
unable to return to the child's home, the department shall	1410
exercise reasonable diligence in finding a suitable placement for	1411
the child, and the child shall remain in a department facility	1412
while the department finds the suitable placement.	1413

(D) If a child is released under division (B) or (C) of this	1414
section and the court of the county in which the child is placed	1415
has reason to believe that the child's deportment is not in	1416
accordance with the conditions of the child's judicial release,	1417
the court of the county in which the child is placed shall	1418
schedule a time for a hearing to determine whether the child	1419
violated any of the post-release conditions, and, if the child was	1420
released under division (C) of this section, divisions (A) to (E)	1421
of section 5139.52 of the Revised Code apply regarding the child.	1422

If that court determines at the hearing that the child	1423
violated any of the post-release conditions, the court, if it	1424
determines that the violation was a serious violation, may order	1425
the child to be returned to the department for	1426
institutionalization, consistent with the original order of	1427
commitment of the child, or in any case may make any other	1428
disposition of the child authorized by law that the court	1429
considers proper. If the court of the county in which the child	1430
is placed orders the child to be returned to a department of youth	1431
services institution, the time during which the child was held in	1432
a secure department facility prior to the child's judicial release	1433
shall be considered as time served in fulfilling the prescribed	1434
period of institutionalization that is applicable to the child	1435
under the child's original order of commitment. If the court	1436
orders the child returned to a department institution, the child	1437
shall remain in institutional care for a minimum of three months	1438
or until the child successfully completes a revocation program of	1439
a duration of not less than thirty days operated either by the	1440
department or by an entity with which the department has	1441
contracted to provide a revocation program.	1442

(E) The department of youth services, prior to the release	1443
of a child pursuant to division (C) of this section, shall do all	1444
of the following:	1445

(1) After reviewing the child's rehabilitative progress	1446
history and medical and educational records, prepare a written	1447
treatment and rehabilitation plan for the child that includes	1448
conditions of the release;	1449

(2) Completely discuss the conditions of the plan prepared	1450
pursuant to division (E)(1) of this section and the possible	1451
penalties for violation of the plan with the child and the child's	1452
parents, guardian, or legal custodian;	1453

(3) Have the plan prepared pursuant to division (E)(1) of	1454
this section signed by the child, the child's parents, legal	1455
guardian, or custodian, and any authority or person that is to	1456
supervise, control, and provide supportive assistance to the child	1457
at the time of the child's release pursuant to division (C) of	1458
this section;	1459

(4) Prior to the child's release, file a copy of the	1460
treatment plan prepared pursuant to division (E)(1) of this	1461
section with the committing court and the juvenile court of the	1462
county in which the child is to be placed.	1463

(F) The department of youth services shall file a written	1464
progress report with the committing court regarding each child	1465
released pursuant to division (C) of this section at least once	1466
every thirty days unless specifically directed otherwise by the	1467
court. The report shall indicate the treatment and rehabilitative	1468
progress of the child and the child's family, if applicable, and	1469
shall include any suggestions for altering the program, custody,	1470
living arrangements, or treatment. The department shall retain	1471
legal custody of a child so released until it discharges the child	1472
or until the custody is terminated as otherwise provided by law.	1473

(G) When a child is committed to the legal custody of the	1474
department of youth services, the court retains jurisdiction to	1475
perform the functions specified in section 5139.51 of the Revised	1476
Code with respect to the granting of supervised release by the	1477
release authority and to perform the functions specified in	1478
section 5139.52 of the Revised Code with respect to violations of	1479
the conditions of supervised release granted by the release	1480
authority and to the revocation of supervised release granted by	1481
the release authority.	1482

Sec.  2152.71.  (A)(1) The juvenile court shall maintain	1483
records of all official cases brought before it, including, but	1484
not limited to, an appearance docket, a journal, and, in cases	1485
pertaining to an alleged delinquent child, arrest and custody	1486
records, complaints, journal entries, and hearing summaries. The	1487
court shall maintain a separate docket for traffic cases and shall	1488
record all traffic cases on the separate docket instead of on the	1489
general appearance docket. The parents of any child affected, if	1490
they are living, or the nearest of kin of the child, if the	1491
parents are deceased, may inspect these records, either in person	1492
or by counsel, during the hours in which the court is open.	1493

(2) The juvenile court shall send to the superintendent of	1494
the bureau of criminal identification and investigation, pursuant	1495
to section 109.57 of the Revised Code, a weekly report containing	1496
a summary of each case that has come before it and that involves	1497
the disposition of a child who is a delinquent child for	1498
committing an act that would be a felony or an offense of violence	1499
if committed by an adult.	1500

(B) The clerk of the court shall maintain a statistical	1501
record that includes all of the following:	1502

(1) The number of complaints that are filed with, or	1503
indictments or information made to, the court that allege that a	1504
child is a delinquent child, in relation to which the court	1505
determines under division (D) of section 2151.27 of the Revised	1506
Code that the victim of the alleged delinquent act was sixty-five	1507
years of age or older or permanently and totally disabled at the	1508
time of the alleged commission of the act;	1509

(2) The number of complaints, indictments, or information	1510
described in division (B)(1) of this section that result in the	1511
child being adjudicated a delinquent child;	1512

(3) The number of complaints, indictments, or information	1513
described in division (B)(2) of this section in which the act upon	1514
which the delinquent child adjudication is based caused property	1515
damage or would be a theft offense, as defined in division (K) of	1516
section 2913.01 of the Revised Code, if committed by an adult;	1517

(4) The number of complaints, indictments, or information	1518
described in division (B)(3) of this section that result in the	1519
delinquent child being required as an order of disposition made	1520
under division (A) of section 2152.20 of the Revised Code to make	1521
restitution for all or part of the property damage caused by the	1522
child's delinquent act or for all or part of the value of the	1523
property that was the subject of the delinquent act that would be	1524
a theft offense if committed by an adult;	1525

(5) The number of complaints, indictments, or information	1526
described in division (B)(2) of this section in which the act upon	1527
which the delinquent child adjudication is based would have been	1528
an offense of violence if committed by an adult;	1529

(6) The number of complaints, indictments, or information	1530
described in division (B)(5) of this section that result in the	1531
delinquent child being committed as an order of disposition made	1532
under section 2152.16, divisions (A) and (B) of section 2152.17,	1533
or division (A)(2) of section 2159.19 of the Revised Code to any	1534
facility for delinquent children operated by the county, a	1535
district, or a private agency or organization or to the department	1536
of youth services;	1537

(7) The number of complaints, indictments, or information	1538
described in division (B)(1) of this section that result in the	1539
case being transferred for criminal prosecution to an appropriate	1540
court having jurisdiction of the offense under section 2152.12 of	1541
the Revised Code.	1542

(C) The clerk of the court shall compile an annual summary	1543
covering the preceding calendar year showing all of the	1544
information for that year contained in the statistical record	1545
maintained under division (B) of this section. The statistical	1546
record and the annual summary shall be public records open for	1547
inspection. Neither the statistical record nor the annual summary	1548
shall include the identity of any party to a case.	1549

(D) Not later than June of each year, the court shall	1550
prepare an annual report covering the preceding calendar year	1551
showing the number and kinds of cases that have come before it,	1552
the disposition of the cases, and any other data pertaining to the	1553
work of the court that the juvenile judge directs. The court	1554
shall file copies of the report with the board of county	1555
commissioners. With the approval of the board, the court may	1556
print or cause to be printed copies of the report for distribution	1557
to persons and agencies interested in the court or community	1558
program for dependent, neglected, abused, or delinquent children	1559
and juvenile traffic offenders. The court shall include the	1560
number of copies ordered printed and the estimated cost of each	1561
printed copy on each copy of the report printed for distribution.	1562

Sec. 2950.01. As used in this chapter, unless the context	1563
clearly requires otherwise:	1564

(A) "Confinement" includes, but is not limited to, a	1565
community residential sanction imposed pursuant to section 2929.16	1566
of the Revised Code.	1567

(B) "Habitual sex offender" means, except when a juvenile	1568
judge removes this classification pursuant to division (A)(2) of	1569
section 2152.84 or division (C)(2) of section 2152.85 of the	1570
Revised Code, a person to whom both of the following apply:	1571

(1) The person is convicted of or pleads guilty to a	1572
sexually oriented offense, or the person is adjudicated a	1573
delinquent child for committing on or after the effective date of	1574
this amendmentJanuary 1, 2002, a sexually oriented offense, was	1575
fourteen years of age or older at the time of committing the	1576
offense, and is classified a juvenile sex offender registrant	1577
based on that adjudication.	1578

(2) The person previously has been convicted of or pleaded	1579
guilty to one or more sexually oriented offenses or, regarding a	1580
delinquent child, previously has been adjudicated a delinquent	1581
child for committing one or more sexually oriented offenses.	1582

(C) "Prosecutor" has the same meaning as in section 2935.01	1583
of the Revised Code.	1584

(D) "Sexually oriented offense" means any of the following:

1585

(1) Subject to division (D)(2) of this section, any of the	1586
following violations or offenses:	1587

(a) Regardless of the age of the victim of the offense, a	1588
violation of section 2907.02, 2907.03, or 2907.05 of the Revised	1589
Code;	1590

(b) Any of the following offenses involving a minor, in the	1591
circumstances specified:	1592

(i) A violation of section 2905.01, 2905.02, 2905.03,	1593
2905.04, 2905.05, or 2907.04 of the Revised Code when the victim	1594
of the offense is under eighteen years of age;	1595

(ii) A violation of section 2907.21 of the Revised Code when	1596
the person who is compelled, induced, procured, encouraged,	1597
solicited, requested, or facilitated to engage in, paid or agreed	1598
to be paid for, or allowed to engage in the sexual activity in	1599
question is under eighteen years of age;	1600

(iii) A violation of division (A)(1) or (3) of section	1601
2907.321 or 2907.322 of the Revised Code;	1602

(iv) A violation of division (A)(1) or (2) of section	1603
2907.323 of the Revised Code;	1604

(v) A violation of division (B)(5) of section 2919.22 of the	1605
Revised Code when the child who is involved in the offense is	1606
under eighteen years of age.	1607

(c) Regardless of the age of the victim of the offense, a	1608
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the	1609
Revised Code, or of division (A) of section 2903.04 of the Revised	1610
Code, that is committed with a purpose to gratify the sexual needs	1611
or desires of the offender;	1612

(d) A sexually violent offense;

1613

(e) A violation of any former law of this state that was	1614
substantially equivalent to any offense listed in division	1615
(D)(1)(a), (b), (c), or (d) of this section;	1616

(f) A violation of an existing or former municipal ordinance	1617
or law of another state or the United States, a violation under	1618
the law applicable in a military court, or a violation under the	1619
law applicable in an Indian tribal court that is or was	1620
substantially equivalent to any offense listed in division	1621
(D)(1)(a), (b), (c), or (d) of this section;	1622

(g) An attempt to commit, conspiracy to commit, or	1623
complicity in committing any offense listed in division (D)(1)(a),	1624
(b), (c), (d), (e), or (f) of this section.	1625

(2) An act committed by a person under eighteen years of age	1626
that is any of the following:	1627

(a) Except for the violations specifically described in	1628
divisions (D)(2)(b) and (c) of this section and subject to	1629
division (D)(2)(d) of this section, any violation listed in	1630
division (D)(1) of this section that, if committed by an adult,	1631
would be a felony of the first, second, third, or fourth degree;	1632

(b) Subject to division (A)(2)(d) of this section, a	1633
violation of section 2903.01, 2903.02, 2903.11, 2905.01, or	1634
2905.02 of the Revised Code, a violation of division (A) of	1635
section 2903.04 of the Revised Code, or an attempt to violate any	1636
of those sections or that division that is committed with a	1637
purpose to gratify the sexual needs or desires of the child	1638
committing the violation;	1639

(c) Subject to division (A)(2)(d) of this section, a	1640
violation of division (A)(1) or (3) of section 2907.321, division	1641
(A)(1) or (3) of section 2907.322, or division (A)(1) or (2) of	1642
section 2907.323 of the Revised Code, or an attempt to violate any	1643
of those divisions, if the person who violates or attempts to	1644
violate the division is four or more years older than the minor	1645
who is the victim of the offense;	1646

(d) If the child's case has been transferred for criminal	1647
prosecution under section 2152.12 of the Revised Code, the act is	1648
any violation listed in division (D)(1)(a), (b), (c), (d), (e),	1649
(f), or (g) of this section or would be any offense listed in any	1650
of those divisions if committed by an adult.	1651

(E) "Sexual predator" means a person to whom either of the	1652
following applies:	1653

(1) The person has been convicted of or pleaded guilty to	1654
committing a sexually oriented offense and is likely to engage in	1655
the future in one or more sexually oriented offenses.	1656

(2) The person has been adjudicated a delinquent child for	1657
committing a sexually oriented offense, was fourteen years of age	1658
or older at the time of committing the offense, was classified a	1659
juvenile sex offender registrant based on that adjudication, and	1660
is likely to engage in the future in one or more sexually oriented	1661
offenses.	1662

(F) "Supervised release" means a release of an offender from	1663
a prison term, a term of imprisonment, or another type of	1664
confinement that satisfies either of the following conditions:	1665

(1) The release is on parole, a conditional pardon, or	1666
probation, under transitional control, or under a post-release	1667
control sanction, and it requires the person to report to or be	1668
supervised by a parole officer, probation officer, field officer,	1669
or another type of supervising officer.	1670

(2) The release is any type of release that is not described	1671
in division (F)(1) of this section and that requires the person to	1672
report to or be supervised by a probation officer, a parole	1673
officer, a field officer, or another type of supervising officer.	1674

(G) An offender or delinquent child is "adjudicated as being	1675
a sexual predator" if any of the following applies and if that	1676
status has not been removed pursuant to section 2152.84, 2152.85,	1677
or 2950.09 of the Revised Code:	1678

(1) The offender is convicted of or pleads guilty to	1679
committing, on or after January 1, 1997, a sexually oriented	1680
offense that is a sexually violent offense and also is convicted	1681
of or pleads guilty to a sexually violent predator specification	1682
that was included in the indictment, count in the indictment, or	1683
information that charged the sexually violent offense.	1684

(2) Regardless of when the sexually oriented offense was	1685
committed, on or after January 1, 1997, the offender is sentenced	1686
for a sexually oriented offense, and the sentencing judge	1687
determines pursuant to division (B) of section 2950.09 of the	1688
Revised Code that the offender is a sexual predator.	1689

(3) The delinquent child is adjudicated a delinquent child	1690
for committing a sexually oriented offense, was fourteen years of	1691
age or older at the time of committing the offense, and has been	1692
classified a juvenile sex offender registrant based on that	1693
adjudication, and the adjudicating judge or that judge's successor	1694
in office determines pursuant to division (B) of section 2950.09	1695
or pursuant to division (B) of section 2152.83, section 2152.84,	1696
or section 2152.85 of the Revised Code that the delinquent child	1697
is a sexual predator.	1698

(4) Prior to January 1, 1997, the offender was convicted of	1699
or pleaded guilty to, and was sentenced for, a sexually oriented	1700
offense, the offender is imprisoned in a state correctional	1701
institution on or after January 1, 1997, and the court determines	1702
pursuant to division (C) of section 2950.09 of the Revised Code	1703
that the offender is a sexual predator.	1704

(5) Regardless of when the sexually oriented offense was	1705
committed, the offender or delinquent child is convicted of or	1706
pleads guilty to, has been convicted of or pleaded guilty to, or	1707
is adjudicated a delinquent child for committing a sexually	1708
oriented offense in another state or in a federal court, military	1709
court, or an Indian tribal court, as a result of that conviction,	1710
plea of guilty, or adjudication, the offender or delinquent child	1711
is required, under the law of the jurisdiction in which the	1712
offender was convicted or pleaded guilty or the delinquent child	1713
was adjudicated, to register as a sex offender until the	1714
offender's or delinquent child's death and to verify the	1715
offender's or delinquent child's address on at least a quarterly	1716
basis each year, and, on or after July 1, 1997, for offenders or	1717
the effective date of this amendmentJanuary 1, 2002, for	1718
delinquent children the offender or delinquent child moves to and	1719
resides in this state or temporarily is domiciled in this state	1720
for more than seven days, unless a court of common pleas or	1721
juvenile court determines that the offender or delinquent child is	1722
not a sexual predator pursuant to division (F) of section 2950.09	1723
of the Revised Code.	1724

(H) "Sexually violent predator specification" and "sexually	1725
violent offense" have the same meanings as in section 2971.01 of	1726
the Revised Code.	1727

(I) "Post-release control sanction" and "transitional	1728
control" have the same meanings as in section 2967.01 of the	1729
Revised Code.	1730

(J) "Juvenile sex offender registrant" means a person who is	1731
adjudicated a delinquent child for committing on or after the	1732
effective date of this amendmentJanuary 1, 2002, a sexually	1733
oriented offense, who is fourteen years of age or older at the	1734
time of committing the offense, and who a juvenile court judge,	1735
pursuant to an order issued under section 2152.82, 2152.83,	1736
2152.84, or 2152.85 of the Revised Code, classifies as a juvenile	1737
sex offender registrant and specifies has a duty to register under	1738
section 2950.04 of the Revised Code.	1739

(K) "Secure facility" means any facility that is designed	1740
and operated to ensure that all of its entrances and exits are	1741
locked and under the exclusive control of its staff and to ensure	1742
that, because of that exclusive control, no person who is	1743
institutionalized or confined in the facility may leave the	1744
facility without permission or supervision.	1745

(L) "Out-of-state juvenile sex offender registrant" means a	1746
person who is adjudicated a delinquent child for committing a	1747
sexually oriented offense in another state or in a federal court,	1748
military court, or Indian tribal court, who on or after the	1749
effective date of this amendmentJanuary 1, 2002, moves to and	1750
resides in this state or temporarily is domiciled in this state	1751
for more than seven days, and who under section 2950.04 of the	1752
Revised Code has a duty to register in this state as described in	1753
that section.	1754

(M) "Juvenile court judge" includes a magistrate to whom the	1755
juvenile court judge confers duties pursuant to division (A)(15)	1756
of section 2151.23 of the Revised Code.	1757

(N) "Adjudicated a delinquent child for committing a sexually	1758
oriented offense" includes a child who receives a serious youthful	1759
offender dispositional sentence under section 2152.13 of the	1760
Revised Code for committing a sexually oriented offense.	1761

Sec. 5139.05.  (A) The juvenile court may commit any child	1762
to the department of youth services as authorized in Chapter	1763
2152. of the Revised Code, provided that any child so committed	1764
shall be at least ten years of age at the time of the child's	1765
delinquent act, and, if the child is ten or eleven years of age,	1766
the delinquent act is a violation of section 2909.03 of the	1767
Revised Code or would be aggravated murder, murder, or a first or	1768
second degree felony offense of violence if committed by an adult.	1769
Any order to commit a child to an institution under the control	1770
and management of the department shall have the effect of ordering	1771
that the child be committed to the department and assigned to an	1772
institution as follows:	1773

(1) For an indefinite term consisting of the prescribed	1774
minimum period of court control set by the court and a maximum	1775
period not to exceed the child's attainment of twenty-one years of	1776
age, if the child was committed pursuant to section 2152.16 of	1777
the Revised Code;	1778

(2) Until the child's attainment of twenty-one years of age,	1779
if the child was committed for aggravated murder or murder	1780
pursuant to section 2152.16 of the Revised Code;	1781

(3) For a period of commitment that shall be in addition to,	1782
and shall be served consecutively with and prior to, a period of	1783
commitment described in division (A)(1) or (2) of this section, if	1784
the child was committed pursuant to section 2152.17 of the	1785
Revised Code;	1786

(4) If the child is ten or eleven years of age, to an	1787
institution, a residential care facility, a residential facility,	1788
or a facility licensed by the department of job and family	1789
services that the department of youth services considers best	1790
designated for the training and rehabilitation of the child and	1791
protection of the public. The child shall be housed separately	1792
from children who are twelve years of age or older until the child	1793
is released or discharged or until the child attains twelve years	1794
of age, whichever occurs first. Upon the child's attainment of	1795
twelve years of age, if the child has not been released or	1796
discharged, the department is not required to house the child	1797
separately.	1798

(B)(1) TheExcept as otherwise provided in section 5139.54 of	1799
the Revised Code, the release authority of the department of youth	1800
services, in accordance with section 5139.51 of the Revised Code	1801
and at any time after the end of the period of court control	1802
imposed under section 2152.16 of the Revised Code, may grant the	1803
release from custody of any child committed to the department.	1804

The order committing a child to the department of youth	1805
services shall state that the child has been adjudicated a	1806
delinquent child and state the period of court control over the	1807
commitment under section 2152.12 or 2152.13 of the Revised Code.	1808
The jurisdiction of the court terminates at the end of the period	1809
of court control except as follows:	1810

(a) In relation to judicial release procedures,	1811
supervision, and violations;	1812

(b) With respect to functions of the court related to the	1813
revocation of supervised release that are specified in sections	1814
5139.51 and 5139.52 of the Revised Code;	1815

(c) In relation to its duties relating to serious youthful	1816
offender dispositional sentences under sections 2152.13 and	1817
2152.14 of the Revised Code.	1818

(2) When a child has been committed to the department under	1819
section 2152.16 of the Revised Code, the department shall retain	1820
legal custody of the child until one of the following:	1821

(a) The department discharges the child to the exclusive	1822
management, control, and custody of the child's parent or the	1823
guardian of the child's person or, if the child is eighteen years	1824
of age or older, discharges the child.	1825

(b) The committing court, upon its own motion, upon petition	1826
of the parent, guardian of the person, or next friend of a child,	1827
or upon petition of the department, terminates the department's	1828
legal custody of the child.	1829

(c) The committing court grants the child a judicial release	1830
to court supervision under section 2152.22 of the Revised Code.	1831

(d) The department's legal custody of the child is	1832
terminated automatically by the child attaining twenty-one years	1833
of age.	1834

(e) If the child is subject to a serious youthful offender	1835
dispositional sentence, the adult portion of that dispositional	1836
sentence is imposed under section 2152.14 of the Revised Code.	1837

(C) When a child is committed to the department of youth	1838
services, the department may assign the child to a hospital for	1839
mental, physical, and other examination, inquiry, or treatment for	1840
the period of time that is necessary. The department may remove	1841
any child in its custody to a hospital for observation, and a	1842
complete report of every observation at the hospital shall be made	1843
in writing and shall include a record of observation, treatment,	1844
and medical history and a recommendation for future treatment,	1845
custody, and maintenance. The department shall thereupon order	1846
the placement and treatment that it determines to be most	1847
conducive to the purposes of Chapters 2151. and 5139. of the	1848
Revised Code. The committing court and all public authorities	1849
shall make available to the department all pertinent data in their	1850
possession with respect to the case.	1851

(D) Records maintained by the department of youth services	1852
pertaining to the children in its custody shall be accessible only	1853
to department employees, except by consent of the department or	1854
upon the order of the judge of a court of record. These records	1855
shall not be considered "public records," as defined in section	1856
149.43 of the Revised Code.	1857

Except as otherwise provided by a law of this state or the	1858
United States, the department of youth services may release	1859
records that are maintained by the department of youth services	1860
and that pertain to children in its custody to the department of	1861
rehabilitation and correction regarding persons who are under the	1862
jurisdiction of the department of rehabilitation and correction	1863
and who have previously been committed to the department of youth	1864
services. The department of rehabilitation and correction may use	1865
those records for the limited purpose of carrying out the duties	1866
of the department of rehabilitation and correction. Records	1867
released by the department of youth services to the department of	1868
rehabilitation and correction shall remain confidential and shall	1869
not be considered public records as defined in section 149.43 of	1870
the Revised Code.	1871

(E)(1) When a child is committed to the department of youth	1872
services, the department, orally or in writing, shall notify the	1873
parent, guardian, or custodian of a child that the parent,	1874
guardian, or custodian may request at any time from the	1875
superintendent of the institution in which the child is located	1876
any of the information described in divisions (E)(1)(a), (b), (c),	1877
and (d) of this section. The parent, guardian, or custodian may	1878
provide the department with the name, address, and telephone	1879
number of the parent, guardian, or custodian, and, until the	1880
department is notified of a change of name, address, or telephone	1881
number, the department shall use the name, address, and telephone	1882
number provided by the parent, guardian, or custodian to provide	1883
notices or answer inquiries concerning the following information:	1884

(a) When the department of youth services makes a permanent	1885
assignment of the child to a facility, the department, orally or	1886
in writing and on or before the third business day after the day	1887
the permanent assignment is made, shall notify the parent,	1888
guardian, or custodian of the child of the name of the facility to	1889
which the child has been permanently assigned.	1890

If a parent, guardian, or custodian of a child who is	1891
committed to the department of youth services requests, orally or	1892
in writing, the department to provide the parent, guardian, or	1893
custodian with the name of the facility in which the child is	1894
currently located, the department, orally or in writing and on or	1895
before the next business day after the day on which the request is	1896
made, shall provide the name of that facility to the parent,	1897
guardian, or custodian.	1898

(b) If a parent, guardian, or custodian of a child who is	1899
committed to the department of youth services, orally or in	1900
writing, asks the superintendent of the institution in which the	1901
child is located whether the child is being disciplined by the	1902
personnel of the institution, what disciplinary measure the	1903
personnel of the institution are using for the child, or why the	1904
child is being disciplined, the superintendent or the	1905
superintendent's designee, on or before the next business day	1906
after the day on which the request is made, shall provide the	1907
parent, guardian, or custodian with written or oral responses to	1908
the questions.	1909

(c) If a parent, guardian, or custodian of a child who is	1910
committed to the department of youth services, orally or in	1911
writing, asks the superintendent of the institution in which the	1912
child is held whether the child is receiving any medication from	1913
personnel of the institution, what type of medication the child is	1914
receiving, or what condition of the child the medication is	1915
intended to treat, the superintendent or the superintendent's	1916
designee, on or before the next business day after the day on	1917
which the request is made, shall provide the parent, guardian, or	1918
custodian with oral or written responses to the questions.	1919

(d) When a major incident occurs with respect to a child who	1920
is committed to the department of youth services, the department,	1921
as soon as reasonably possible after the major incident occurs,	1922
shall notify the parent, guardian, or custodian of the child that	1923
a major incident has occurred with respect to the child and of all	1924
the details of that incident that the department has ascertained.	1925

(2) The failure of the department of youth services to	1926
provide any notification required by or answer any requests made	1927
pursuant to division (E) of this section does not create a cause	1928
of action against the state.	1929

(F) The department of youth services, as a means of	1930
punishment while the child is in its custody, shall not prohibit a	1931
child who is committed to the department from seeing that child's	1932
parent, guardian, or custodian during standard visitation periods	1933
allowed by the department of youth services unless the	1934
superintendent of the institution in which the child is held	1935
determines that permitting that child to visit with the child's	1936
parent, guardian, or custodian would create a safety risk to that	1937
child, that child's parents, guardian, or custodian, the personnel	1938
of the institution, or other children held in that institution.	1939

(G) As used in this section:

1940

(1) "Permanent assignment" means the assignment or transfer	1941
for an extended period of time of a child who is committed to the	1942
department of youth services to a facility in which the child will	1943
receive training or participate in activities that are directed	1944
toward the child's successful rehabilitation. "Permanent	1945
assignment" does not include the transfer of a child to a facility	1946
for judicial release hearings pursuant to section 2152.22 of the	1947
Revised Code or for any other temporary assignment or transfer to	1948
a facility.	1949

(2) "Major incident" means the escape or attempted escape of	1950
a child who has been committed to the department of youth services	1951
from the facility to which the child is assigned; the return to	1952
the custody of the department of a child who has escaped or	1953
otherwise fled the custody and control of the department without	1954
authorization; the allegation of any sexual activity with a child	1955
committed to the department; physical injury to a child committed	1956
to the department as a result of alleged abuse by department	1957
staff; an accident resulting in injury to a child committed to the	1958
department that requires medical care or treatment outside the	1959
institution in which the child is located; the discovery of a	1960
controlled substance upon the person or in the property of a child	1961
committed to the department; a suicide attempt by a child	1962
committed to the department; a suicide attempt by a child	1963
committed to the department that results in injury to the child	1964
requiring emergency medical services outside the institution in	1965
which the child is located; the death of a child committed to the	1966
department; an injury to a visitor at an institution under the	1967
control of the department that is caused by a child committed to	1968
the department; and the commission or suspected commission of an	1969
act by a child committed to the department that would be an	1970
offense if committed by an adult.	1971

(3) "Sexual activity" has the same meaning as in section	1972
2907.01 of the Revised Code.	1973

(4) "Controlled substance" has the same meaning as in	1974
section 3719.01 of the Revised Code.	1975

(5) "Residential care facility" and "residential facility"	1976
have the same meanings as in section 2151.011 of the Revised Code.	1977

Sec. 5139.06.  (A) When a child has been committed to the	1978
department of youth services, the department shall do both of the	1979
following:	1980

(1) Place the child in an appropriate institution under the	1981
condition that it considers best designed for the training and	1982
rehabilitation of the child and the protection of the public,	1983
provided that the institutional placement shall be consistent with	1984
the order committing the child to its custody;	1985

(2) Maintain the child in institutional care or	1986
institutional care in a secure facility for the required period of	1987
institutionalization in a manner consistent with division (A)(1)	1988
of section 2152.16 and divisions (A) to (E)(F) of section 2152.17	1989
of the Revised Code, whichever are applicable, and with section	1990
5139.38 or division (B) or (C) of section 2152.22 of the Revised	1991
Code.	1992

(B) When a child has been committed to the department of	1993
youth services and has not been institutionalized or	1994
institutionalized in a secure facility for the prescribed minimum	1995
period of time, including, but not limited to, a prescribed period	1996
of time under division (A)(1)(a) of section 2152.16 of the	1997
Revised Code, the department, the child, or the child's parent may	1998
request the court that committed the child to order a judicial	1999
release to court supervision or a judicial release to department	2000
of youth services supervision in accordance with division (B) or	2001
(C) of section 2152.22 of the Revised Code, and the child may be	2002
released from institutionalization or institutionalization in a	2003
secure facility in accordance with the applicable division. A	2004
child in those circumstances shall not be released from	2005
institutionalization or institutionalization in a secure facility	2006
except in accordance with section 2152.22 or 5139.38 of the	2007
Revised Code. When a child is released pursuant to a judicial	2008
release to court supervision under division (B) of section 2152.22	2009
of the Revised Code, the department shall comply with division	2010
(B)(3) of that section and, if the court requests, shall send the	2011
committing court a report on the child's progress in the	2012
institution and recommendations for conditions of supervision by	2013
the court after release. When a child is released pursuant to a	2014
judicial release to department of youth services supervision under	2015
division (C) of section 2152.22 of the Revised Code, the	2016
department shall comply with division (C)(3) of that section	2017
relative to the child and shall send the committing court and the	2018
juvenile court of the county in which the child is placed a copy	2019
of the treatment and rehabilitation plan described in that	2020
division and the conditions that it fixed. The court of the	2021
county in which the child is placed may adopt the conditions as	2022
an order of the court and may add any additional consistent	2023
conditions it considers appropriate, provided that the court may	2024
not add any condition that decreases the level or degree of	2025
supervision specified by the department in its plan, that	2026
substantially increases the financial burden of supervision that	2027
will be experienced by the department, or that alters the	2028
placement specified by the department in its plan. Any	2029
violations of the conditions of the child's judicial release or	2030
early release shall be handled pursuant to division (D) of section	2031
2152.22 of the Revised Code.	2032

(C) When a child has been committed to the department of	2033
youth services, the department may do any of the following:	2034

(1) Notwithstanding the provisions of this chapter, Chapter	2035
2151., or Chapter 2152. of the Revised Code that prescribe	2036
required periods of institutionalization, transfer the child to	2037
any other state institution, whenever it appears that the child by	2038
reason of mental illness, mental retardation, or other	2039
developmental disability ought to be in another state institution.	2040
Before transferring a child to any other state institution, the	2041
department shall include in the minutes a record of the order of	2042
transfer and the reason for the transfer and, at least seven days	2043
prior to the transfer, shall send a certified copy of the order to	2044
the person shown by its record to have had the care or custody of	2045
the child immediately prior to the child's commitment. Except as	2046
provided in division (C)(2) of this section, no person shall be	2047
transferred from a benevolent institution to a correctional	2048
institution or to a facility or institution operated by the	2049
department of youth services.	2050

(2) Notwithstanding the provisions of this chapter, Chapter	2051
2151., or Chapter 2152. of the Revised Code that prescribe	2052
required periods of institutionalization, transfer the child under	2053
section 5120.162 of the Revised Code to a correctional medical	2054
center established by the department of rehabilitation and	2055
correction, whenever the child has an illness, physical condition,	2056
or other medical problem and it appears that the child would	2057
benefit from diagnosis or treatment at the center for that	2058
illness, condition, or problem. Before transferring a child to a	2059
center, the department of youth services shall include in the	2060
minutes a record of the order of transfer and the reason for the	2061
transfer and, except in emergency situations, at least seven days	2062
prior to the transfer, shall send a certified copy of the order to	2063
the person shown by its records to have had the care or custody of	2064
the child immediately prior to the child's commitment. If the	2065
transfer of the child occurs in an emergency situation, as soon as	2066
possible after the decision is made to make the transfer, the	2067
department of youth services shall send a certified copy of the	2068
order to the person shown by its records to have had the care or	2069
custody of the child immediately prior to the child's commitment.	2070
A transfer under this division shall be in accordance with the	2071
terms of the agreement the department of youth services enters	2072
into with the department of rehabilitation and correction under	2073
section 5120.162 of the Revised Code and shall continue only as	2074
long as the child reasonably appears to receive benefit from	2075
diagnosis or treatment at the center for an illness, physical	2076
condition, or other medical problem.	2077

(3) Revoke or modify any order of the department except an	2078
order of discharge as often as conditions indicate it to be	2079
desirable;	2080

(4) If the child was committed pursuant to division	2081
(A)(1)(b), (c), (d), or (e) of section 2152.16 of the Revised	2082
Code and has been institutionalized or institutionalized in a	2083
secure facility for the prescribed minimum periods of time under	2084
those divisions, assign the child to a family home, a group care	2085
facility, or other place maintained under public or private	2086
auspices, within or without this state, for necessary treatment	2087
and rehabilitation, the costs of which may be paid by the	2088
department, provided that the department shall notify the	2089
committing court, in writing, of the place and terms of the	2090
assignment at least fifteen days prior to the scheduled date of	2091
the assignment;	2092

(5) Release the child from an institution in accordance with	2093
sections 5139.51 to 5139.54 of the Revised Code in the	2094
circumstances described in those sections.	2095

(D) The department of youth services shall notify the	2096
committing court of any order transferring the physical location	2097
of any child committed to it in accordance with section 5139.35 of	2098
the Revised Code. Upon the discharge from its custody and	2099
control, the department may petition the court for an order	2100
terminating its custody and control.	2101

Sec. 5139.50.  (A) The release authority of the department	2102
of youth services is hereby created as a bureau in the department.	2103
The release authority shall consist of five members who are	2104
appointed by the director of youth services and who have the	2105
qualifications specified in division (B) of this section. The	2106
members of the release authority shall devote their full time to	2107
the duties of the release authority and shall neither seek nor	2108
hold other public office. The members shall be in the	2109
unclassified civil service.	2110

(B) A person appointed as a member of the release authority	2111
shall have a bachelor's degree from an accredited college or	2112
university or equivalent relevant experience and shall have the	2113
skills, training, or experience necessary to analyze issues of	2114
law, administration, and public policy. The membership of the	2115
release authority shall represent, insofar as practicable, the	2116
diversity found in the children in the legal custody of the	2117
department of youth services.	2118

In appointing the five members, the director shall ensure	2119
that the appointments include all of the following:	2120

(1) At least four members who have five or more years of	2121
experience in criminal justice, juvenile justice, or an equivalent	2122
relevant profession;	2123

(2) At least one member who has experience in victim	2124
services or advocacy or who has been a victim of a crime or is a	2125
family member of a victim;	2126

(3) At least one member who has experience in direct care	2127
services to delinquent children;	2128

(4) At least one member who holds a juris doctor degree from	2129
an accredited college or university.	2130

(C) The initial appointments of members of the release	2131
authority shall be for a term of six years for the chairperson and	2132
one member, a term of four years for two members, and a term of	2133
two years for one member. Thereafter, members shall be appointed	2134
for six-year terms. At the conclusion of a term, a member shall	2135
hold office until the appointment and qualification of the	2136
member's successor. The director shall fill a vacancy occurring	2137
before the expiration of a term for the remainder of that term	2138
and, if a member is on extended leave or disability status for	2139
more than thirty work days, may appoint an interim member to	2140
fulfill the duties of that member. A member may be reappointed,	2141
but a member may serve no more than two consecutive terms	2142
regardless of the length of the member's initial term. A member	2143
may be removed for good cause by the director.	2144

(D) The director of youth services shall designate as	2145
chairperson of the release authority one of the members who has	2146
experience in criminal justice, juvenile justice, or an equivalent	2147
relevant profession. The chairperson shall be a managing officer	2148
of the department, shall supervise the members of the board and	2149
the other staff in the bureau, and shall perform all duties and	2150
functions necessary to ensure that the release authority	2151
discharges its responsibilities. The chairperson shall serve as	2152
the official spokesperson for the release authority.	2153

For the purposes of transacting the official business of the	2154
release authority, a majority of the members of the release	2155
authority shall constitute a quorum. A majority vote of the	2156
quorum shall determine the actions of the release authority.	2157

(E) The release authority shall do all of the following:

2158

(1) Serve as the final and sole authority for making	2159
decisions, in the interests of public safety and the children	2160
involved, regarding the release and discharge of all children	2161
committed to the legal custody of the department of youth	2162
services, except children placed by a juvenile court on judicial	2163
release to court supervision or on judicial release to	2164
department of youth services supervision, children who have not	2165
completed a prescribed minimum period of time or prescribed period	2166
of time in a secure facility, or children who are required to	2167
remain in a secure facility until they attain twenty-one years of	2168
age;	2169

(2) Establish written policies and procedures for conducting	2170
reviews of the status for all youth in the custody of the	2171
department, setting or modifying dates of release and discharge,	2172
specifying the duration, terms, and conditions of release to be	2173
carried out in supervised release subject to the addition of	2174
additional consistent terms and conditions by a court in	2175
accordance with section 5139.51 of the Revised Code, and giving a	2176
child notice of all reviews;	2177

(3) Maintain records of its official actions, decisions,	2178
orders, and hearing summaries and make the records accessible in	2179
accordance with division (D) of section 5139.05 of the Revised	2180
Code;	2181

(4) Cooperate with public and private agencies, communities,	2182
private groups, and individuals for the development and	2183
improvement of its services;	2184

(5) Collect, develop, and maintain statistical information	2185
regarding its services and decisions;	2186

(6) Submit to the director an annual report that includes a	2187
description of the operations of the release authority, an	2188
evaluation of its effectiveness, recommendations for statutory,	2189
budgetary, or other changes necessary to improve its	2190
effectiveness, and any other information required by the director.	2191

(F) The release authority may do any of the following:

2192

(1) Conduct inquiries, investigations, and reviews and hold	2193
hearings and other proceedings necessary to properly discharge its	2194
responsibilities;	2195

(2) Issue subpoenas, enforceable in a court of law, to	2196
compel a person to appear, give testimony, or produce documentary	2197
information or other tangible items relating to a matter under	2198
inquiry, investigation, review, or hearing;	2199

(3) Administer oaths and receive testimony of persons under	2200
oath;	2201

(4) Request assistance, services, and information from a	2202
public agency to enable the authority to discharge its	2203
responsibilities and receive the assistance, services, and	2204
information from the public agency in a reasonable period of time;	2205

(5) Request from a public agency or any other entity that	2206
provides or has provided services to a child committed to the	2207
department's legal custody information to enable the release	2208
authority to properly discharge its responsibilities with respect	2209
to that child and receive the information from the public agency	2210
or other entity in a reasonable period of time.	2211

(G) The release authority shall not delegate its authority to	2212
make final decisions regarding policy or the release of a child.	2213

(H) The release authority shall adopt a written policy and	2214
procedures governing appeals of its release and discharge	2215
decisions.	2216

(I)(H) The legal staff of the department of youth services	2217
shall provide assistance to the release authority in the	2218
formulation of policy and in its handling of individual cases.	2219

Sec. 5139.53.  (A)(1) The director of youth services shall	2220
designate certain employees of the department of youth services,	2221
including regional administrators, as persons who are authorized,	2222
in accordance with section 5139.52 of the Revised Code, to execute	2223
an order of apprehension or a warrant for, or otherwise to arrest,	2224
children in the custody of the department who are violating or are	2225
alleged to have violated the terms and conditions of supervised	2226
release or judicial release to department of youth services	2227
supervision.	2228

(2) The director of youth services shallmay designate some	2229
of the employees designated under division (A)(1) of this section	2230
as employees authorized to carry a firearm issued by the	2231
department while on duty for their protection in carrying out	2232
official duties.	2233

(B)(1) An employee of the department designated by the	2234
director pursuant to division (A)(1) of this section as having the	2235
authority to execute orders of apprehension or warrants and to	2236
arrest children as described in that division shall not undertake	2237
an arrest until the employee has successfully completed training	2238
courses regarding the making of arrests by employees of that	2239
nature that are developed in cooperation with and approved by the	2240
executive director of the Ohio peace officer training commission.	2241
The courses shall include, but shall not be limited to, training	2242
in arrest tactics, defensive tactics, the use of force, and	2243
response tactics.	2244

(2) The director of youth services shall develop, and shall	2245
submit to the governor for the governor's approval, a deadly force	2246
policy for the department. The deadly force policy shall require	2247
each employee who is designated under division (A)(2) of this	2248
section to carry a firearm in the discharge of official duties to	2249
receive training in the use of deadly force, shall specify the	2250
number of hours and the general content of the training in the use	2251
of deadly force that each of the designated employees must	2252
receive, and shall specify the procedures that must be followed	2253
after the use of deadly force by any of the designated employees.	2254
Upon receipt of the policy developed by the director under this	2255
division, the governor, in writing, promptly shall approve or	2256
disapprove the policy. If the governor, in writing, disapproves	2257
the policy, the director shall develop and resubmit a new policy	2258
under this division, and no employee shall be trained under the	2259
disapproved policy. If the governor, in writing, approves the	2260
policy, the director shall adopt it as a department policy and	2261
shall distribute it to each employee designated under (A)(2) of	2262
this section to carry a firearm in the discharge of official	2263
duties. An employee designated by the director pursuant to	2264
division (A)(2) of this section to carry a firearm in the	2265
discharge of official duties shall not carry a firearm until the	2266
employee has successfully completed both of the following:	2267

(a) Training in the use of deadly force that comports with	2268
the policy approved by the governor and developed and adopted by	2269
the director under division (B)(2) of this section. The training	2270
required by this division shall be conducted at a training school	2271
approved by the Ohio peace officer training commission and shall	2272
be in addition to the training described in divisions (B)(1) and	2273
(2)(b) of this section that the employee must complete prior to	2274
undertaking an arrest and separate from and independent of the	2275
training required by division (B)(2)(b) of this section.	2276

(b) A basic firearm training program that is conducted at a	2277
training school approved by the Ohio peace officer training	2278
commission and that is substantially similar to the basic firearm	2279
training program for peace officers conducted at the Ohio peace	2280
officer training academy and has received a certificate of	2281
satisfactory completion of that program from the executive	2282
director of the Ohio peace officer training commission. The	2283
training described in this division that an employee must complete	2284
prior to carrying a firearm shall be in addition to the training	2285
described in division (B)(1) of this section that the employee	2286
must complete prior to undertaking an arrest.	2287

(C) After receipt of a certificate of satisfactory	2288
completion of a basic firearm training program, to maintain the	2289
right to carry a firearm in the discharge of official duties, an	2290
employee authorized under this section to carry a firearm shall	2291
successfully complete a firearms requalification program in	2292
accordance with section 109.801 of the Revised Code.	2293

(D) Each employee authorized to carry a firearm shall give	2294
bond to the state to be approved by the clerk of the court of	2295
common pleas in the county of that employee's residence. The bond	2296
shall be in the sum of one thousand dollars, conditioned to save	2297
the public harmless by reason of the unlawful use of a firearm. A	2298
person injured or the family of a person killed by the employee's	2299
improper use of a firearm may have recourse on the bond.	2300

(E) In addition to the deadly force policy adopted under	2301
division (B)(2) of this section, the director of youth services	2302
shall establish policies for the carrying and use of firearms by	2303
the employees that the director designates under this section.	2304

Section 2. That existing sections 2151.18, 2151.28, 2151.314,	2305
2151.354, 2151.38, 2152.10, 2152.13, 2152.14, 2152.16, 2152.17,	2306
2152.18, 2152.20, 2152.22, 2152.71, 2950.01, 5139.05, 5139.06,	2307
5139.50, and 5139.53 of the Revised Code are hereby repealed.	2308

Section 3. Sections 1 and 2 of this act shall take effect on	2309
the later of January 1, 2002, or the earliest time permitted by	2310
law.	2311

Section 4. The General Assembly hereby encourages the Supreme	2312
Court to amend the Juvenile Rules to do both of the following:	2313

(A) Make clear that, while a magistrate may not try or	2314
sentence a case involving an alleged or adjudicated serious	2315
youthful offender, a magistrate may handle ministerial duties in	2316
that type of case, including arraignment and setting bail;	2317

(B) Make clear that juvenile courts may establish traffic	2318
bureaus.	2319

Section 5. (A) Section 2151.28 of the Revised Code is	2320
presented in this act as a composite of the section as amended by	2321
both Am. Sub. S.B. 179 and Sub. S.B. 218 of the 123rd General	2322
Assembly. The General Assembly, applying the principle stated in	2323
division (B) of section 1.52 of the Revised Code that amendments	2324
are to be harmonized if reasonably capable of simultaneous	2325
operation, finds that the composite is the resulting version of	2326
the section in effect prior to the effective date of the section	2327
as presented in this act.	2328

(B) Section 2152.17 of the Revised Code, as presented in	2329
this act, includes matter that was amended into former section	2330
2151.355 of the Revised Code by Am. Sub. S.B. 222 of the 123rd	2331
General Assembly. Paragraphs of former section 2151.355 of the	2332
Revised Code containing S.B. 222 amendments were transferred to	2333
section 2152.17 of the Revised Code by Am. Sub. S.B. 179 of the	2334
123rd General Assembly as part of its general revision of the	2335
juvenile sentencing laws. The General Assembly, applying the	2336
principle stated in division (B) of section 1.52 of the Revised	2337
Code that amendments are to be harmonized if reasonably capable of	2338
simultaneous operation, finds that the version of section 2152.17	2339
of the Revised Code presented in this act is the resulting version	2340
of the section in effect prior to the effective date of the	2341
section as presented in this act.	2342

(C) Section 2152.18 of the Revised Code, as presented in	2343
this act, includes matter that was amended into former section	2344
2151.355 of the Revised Code by Am. Sub. S.B. 222 of the 123rd	2345
General Assembly. Paragraphs of former section 2151.355 of the	2346
Revised Code containing S.B. 222 amendments were transferred to	2347
section 2152.18 of the Revised Code by S.B. 179 of the 123rd	2348
General Assembly as part of its general revision of the juvenile	2349
sentencing laws. The General Assembly, applying the principle	2350
stated in division (B) of section 1.52 of the Revised Code that	2351
amendments are to be harmonized if reasonably capable of	2352
simultaneous operation, finds that the version of section 2152.18	2353
of the Revised Code presented in this act is the resulting version	2354
of the section in effect prior to the effective date of the	2355
section as presented in this act.	2356

Section 6.  This act is hereby declared to be an emergency	2357
measure necessary for the immediate preservation of the public	2358
peace, health, and safety. The reason for such necessity is that	2359
a coherent system of Juvenile Law is urgently needed to fulfill	2360
the purposes of that Law. Therefore, this act shall go into	2361
immediate effect.	2362