REPRESENTATIVES Latta, Womer Benjamin, Seitz, Gilb, Schmidt, Lendrum, Willamowski, Cirelli, Flowers, Salerno, Manning, Niehaus, Roman, Coates, Webster, Carmichael

To amend sections 2151.18, 2151.28, 2151.314,

1

2151.354, 2151.38, 2151.87, 2152.10, 2152.13,

2

2152.14, 2152.16, 2152.17, 2152.18, 2152.22,

3

2152.71, 2927.02, 2950.01, 5139.05, 5139.06,

4

5139.50, and 5139.53 of the Revised Code to revise

5

the Juvenile 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, 2151.87, 2152.10, 2152.13, 2152.14, 2152.16,	8
2152.17, 2152.18, 2152.22, 2152.71, 2927.02, 2950.01, 5139.05,	9
5139.06, 5139.50, and 5139.53 of the Revised Code be amended to	10
read as 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 one hundred seventy-five 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) Make any further disposition the court finds proper that	308
is consistent with sections 2151.312 and 2151.56 to 2151.61 of the	309
Revised Code;	310

(6) If, after making a disposition under division (A)(1),	311
(2), or (3) of this section, the court finds upon further hearing	312
that the child is not amenable to treatment or rehabilitation	313
under that disposition, make a disposition otherwise authorized	314
under divisions (A)(1), (3), (4), and (7) of section 2152.19 of	315
the Revised Code that is consistent with sections 2151.312 and	316
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. 2151.87.  (A) As used in this section:

399

(1) "Cigarette" and "tobacco product" have the same meanings	400
as in section 2927.02 of the Revised Code.	401

(2) "Youth smoking education program" means a private or	402
public agency program that is related to tobacco use, prevention,	403
and cessation, that is carried out or funded by the tobacco use	404
prevention and control foundation pursuant to section 183.07 of	405
the Revised Code, that utilizes educational methods focusing on	406
the negative health effects of smoking and using tobacco products,	407
and that is not more than twelve hours in duration.	408

(B) No child shall do any of the following unless	409
accompanied by a parent, spouse who is eighteen years of age or	410
older, or legal guardian of the child:	411

(1) Use, consume, or possess cigarettes, other tobacco	412
products, or papers used to roll cigarettes;	413

(2) Purchase or attempt to purchase cigarettes, other	414
tobacco products, or papers used to roll cigarettes;	415

(3) Order, pay for, or share the cost of cigarettes, other	416
tobacco products, or papers used to roll cigarettes;	417

(4) Except as provided in division (E) of this section,	418
accept or receive cigarettes, other tobacco products, or papers	419
used to roll cigarettes.	420

(C) No child shall knowingly furnish false information	421
concerning that child's name, age, or other identification for the	422
purpose of obtaining cigarettes, other tobacco products, or papers	423
used to roll cigarettes.	424

(D) A juvenile court shall not adjudicate a child a	425
delinquent or unruly child for a violation of division (B)(1),	426
(2), (3), or (4) or (C) of this section.	427

(E)(1) It is not a violation of division (B)(4) of this	428
section for a child to accept or receive cigarettes, other tobacco	429
products, or papers used to roll cigarettes if the child is	430
required to do so in the performance of the child's duties as an	431
employee of that child's employer and the child's acceptance or	432
receipt of cigarettes, other tobacco products, or papers used to	433
roll cigarettes occurs exclusively within the scope of the child's	434
employment.	435

(2) It is not a violation of division (B)(1), (2), (3), or	436
(4) of this section if the child possesses, purchases or attempts	437
to purchase, orders, pays for, shares the cost of, or accepts or	438
receives cigarettes, other tobacco products, or papers used to	439
roll cigarettes while participating in an inspection or compliance	440
check conducted by a federal, state, local, or corporate entity at	441
a location at which cigarettes, other tobacco products, or papers	442
used to roll cigarettes are sold or distributed.	443

(3) It is not a violation of division (B)(1) or (4) of this	444
section for a child to accept, receive, use, consume, or possess	445
cigarettes, other tobacco products, or papers used to roll	446
cigarettes while participating in a research protocol if all of	447
the following apply:	448

(a) The parent, guardian, or legal custodian of the child has	449
consented in writing to the child participating in the research	450
protocol.	451

(b) An institutional human subjects protection review board,	452
or an equivalent entity, has approved the research protocol.	453

(c) The child is participating in the research protocol at	454
the facility or location specified in the research protocol.	455

(F) If a juvenile court finds that a child violated division	456
(B)(1), (2), (3), or (4) or (C) of this section, the court may do	457
either or both of the following:	458

(1) Require the child to attend a youth smoking education	459
program or other smoking treatment program approved by the court,	460
if one is available;	461

(2) Impose a fine of not more than one hundred dollars.

462

(G) If a child disobeys a juvenile court order issued	463
pursuant to division (F) of this section, the court may do any or	464
all of the following:	465

(1) Increase the fine imposed upon the child under division	466
(F)(2) of this section;	467

(2) Require the child to perform not more than twenty hours	468
of community service;	469

(3) Suspend for a period of thirty days the temporary	470
instruction permit, probationary driver's license, or driver's	471
license issued to the child.	472

(H) A child alleged or found to have violated division (B)	473
or (C) of this section shall not be detained under any provision	474
of this chapter or any other provision of the Revised Code.	475

Sec. 2152.10.  (A) A child who is alleged to be a delinquent	476
child is eligible for mandatory transfer and shall be transferred	477
as provided in section 2152.12 of the Revised Code in any of the	478
following circumstances:	479

(1) The child is charged with a category one offense and	480
either of the following apply:	481

(a) The child was sixteen years of age or older at the time	482
of the act charged.	483

(b) The child was fourteen or fifteen years of age at the	484
time of the act charged and previously was adjudicated a	485
delinquent child for committing an act that is a category one or	486
category two offense and was committed to the legal custody of the	487
department of youth services upon the basis of that adjudication.	488

(2) The child is charged with a category two offense, other	489
than a violation of section 2905.01 of the Revised Code, the child	490
was sixteen years of age or older at the time of the commission of	491
the act charged, and either or both of the following apply:	492

(a) The child previously was adjudicated a delinquent child	493
for committing an act that is a category one or a category two	494
offense and was committed to the legal custody of the department	495
of youth services on the basis of that adjudication.	496

(b) The child is alleged to have had a firearm on or about	497
the child's person or under the child's control while committing	498
the act charged and to have displayed the firearm, brandished the	499
firearm, indicated possession of the firearm, or used the firearm	500
to facilitate the commission of the act charged.	501

(3) Division (A)(2) of section 2152.12 of the Revised Code	502
applies.	503

(B) Unless the child is subject to mandatory transfer, if a	504
child is fourteen years of age or older at the time of the act	505
charged and if the child is charged with an act that would be a	506
felony if committed by an adult, the child is eligible for	507
discretionary transfer to the appropriate court for criminal	508
prosecution. In determining whether to transfer the child for	509
criminal prosecution, the juvenile court shall follow the	510
procedures in section 2152.12 of the Revised Code. If the court	511
does not transfer the child and if the court adjudicates the child	512
to be a delinquent child for the act charged, the court shall	513
issue an order of disposition in accordance with section 2152.11	514
of the Revised Code.	515

Sec. 2152.13.  (A) A juvenile court may impose a serious	516
youthful offender dispositional sentence on a child only if the	517
prosecuting attorney of the county in which the delinquent act	518
allegedly occurred initiates the process against the child in	519
accordance with this division or division (B) of this section, and	520
the child is an alleged delinquent child who is eligible for the	521
dispositional sentence. The prosecuting attorney may initiate the	522
process in any of the following ways:	523

(1) TheObtaining an indictment of the child is indicted as a	524
serious youthful offender or is charged;	525

(2) The child waives the right to indictment, charging the	526
child in a bill of information as a serious youthful offender.	527

(2) The;

528

(3) Until an indictment or information is obtained,	529
requesting a serious youthful offender dispositional sentence in	530
the original complaint alleging that the child is a delinquent	531
child requests a serious youthful offender dispositional sentence.	532

(B) Unless;

533

(4) Until an indictment or information is obtained, if the	534
original complaint includes a notice of intent to seek that type	535
ofdoes not request a serious youthful offender dispositional	536
sentence, the prosecuting attorney shall filefiling with the	537
juvenile court a written notice of intent to seek a serious	538
youthful offender dispositional sentence within twenty days after	539
the later of the following, unless the time is extended by the	540
juvenile court for good cause shown:	541

(1)(a) The date of the child's first juvenile court hearing	542
regarding the complaint;	543

(2)(b) The date the juvenile court determines not to	544
transfer the case under section 2152.12 of the Revised Code.	545

After a written notice is filed under this division (A)(4) of	546
this section, the juvenile court shall serve a copy of the notice	547
on the child and advise the child of the prosecuting attorney's	548
intent to seek a serious youthful offender dispositional sentence	549
in the case.	550

(C)(B) If an alleged delinquent child is not indicted or	551
charged by information as described in division (A)(1) or (2) of	552
this section and if a notice or complaint as described in division	553
(A)(3) or (B)(4) of this section indicates that the prosecuting	554
attorney intends to pursue a serious youthful offender	555
dispositional sentence in the case, the juvenile court shall hold	556
a preliminary hearing to determine if there is probable cause that	557
the child committed the act charged and is by age eligible for, or	558
required to receive, a serious youthful offender dispositional	559
sentence.	560

(D)(C)(1) A child for whom a serious youthful offender	561
dispositional sentence is sought has the right to a grand jury	562
determination of probable cause that the child committed the act	563
charged and that the child is eligible by age for a serious	564
youthful offender dispositional sentence. The grand jury may be	565
impaneled by the court of common pleas or the juvenile court.	566

Once a child is indicted, or charged by information or the	567
juvenile court determines that the child is eligible for a serious	568
youthful offender dispositional sentence, the child is entitled to	569
an open and speedy trial by jury in juvenile court and to be	570
provided with a transcript of the proceedings. The time within	571
which the trial is to be held under Title XXIX of the Revised Code	572
commences on whichever of the following dates is applicable:	573

(a) If the child is indicted or charged by information, on	574
the date of the filing of the indictment or information.	575

(b) If the child is charged by an original complaint that	576
requests a serious youthful offender dispositional sentence, on	577
the date of the filing of the complaint.	578

(c) If the child is not charged by an original complaint that	579
requests a serious youthful offender dispositional sentence, on	580
the date that the prosecuting attorney files the written notice of	581
intent to seek a serious youthful offender dispositional sentence.	582

(2) If the child is detained awaiting adjudication, upon	583
indictment or being charged by information, the child has the same	584
right to bail as an adult charged with the offense the alleged	585
delinquent act would be if committed by an adult. Except as	586
provided in division (D) of section 2152.14 of the Revised Code,	587
all provisions of Title XXIX of the Revised Code and the criminal	588
rulesCriminal Rules shall apply in the case and to the child.	589
The juvenile court shall afford the child all rights afforded a	590
person who is prosecuted for committing a crime including the	591
right to counsel and the right to raise the issue of competency.	592
The child may not waive the right to counsel.	593

(E)(D)(1) If a child is adjudicated a delinquent child for	594
committing an act under circumstances that require the juvenile	595
court to impose upon the child a serious youthful offender	596
dispositional sentence under section 2152.11 of the revised code	597
Revised Code, all of the following apply:	598

(a) The juvenile court shall impose upon the child a	599
sentence available for the violation, as if the child were an	600
adult, under Chapter 2929. of the Revised Code, except that the	601
juvenile court shall not impose on the child a sentence of death	602
or life imprisonment without parole.	603

(b) The juvenile court also shall impose upon the child one	604
or more traditional juvenile dispositions under sections 2152.16	605
and, 2152.19, and 2152.20, and, if applicable, section 2152.17 of	606
the Revised Code.	607

(c) The juvenile court shall stay the adult portion of the	608
serious youthful offender dispositional sentence pending the	609
successful completion of the traditional juvenile dispositions	610
imposed.	611

(2)(a) If a child is adjudicated a delinquent child for	612
committing an act under circumstances that allow, but do not	613
require, the juvenile court to impose on the child a serious	614
youthful offender dispositional sentence under section 2152.11 of	615
the Revised Code, all of the following apply:	616

(i) If the juvenile court on the record makes a finding	617
that, given the nature and circumstances of the violation and the	618
history of the child, the length of time, level of security, and	619
types of programming and resources available in the juvenile	620
system alone are not adequate to provide the juvenile court with a	621
reasonable expectation that the purposes set forth in section	622
2152.01 of the Revised Code will be met, the juvenile court may	623
impose upon the child a sentence available for the violation, as	624
if the child were an adult, under Chapter 2929. of the Revised	625
Code, except that the juvenile court shall not impose on the child	626
a sentence of death or life imprisonment without parole.	627

(ii) If a sentence is imposed under division (E)(D)(2)(a)(i)	628
of this section, the juvenile court also shall impose upon the	629
child one or more traditional juvenile dispositions under sections	630
2152.16, 2152.19, and 2152.20 and, if applicable, section 2152.17	631
of the Revised Code.	632

(iii) The juvenile court shall stay the adult portion of the	633
serious youthful offender dispositional sentence pending the	634
successful completion of the traditional juvenile dispositions	635
imposed.	636

(b) If the juvenile court does not find that a sentence	637
should be imposed under division (E)(D)(2)(a)(i) of this section,	638
the juvenile court may impose one or more traditional juvenile	639
dispositions under sections 2152.16, 2152.19, 2152.20, and, if	640
applicable, section 2152.17 of the Revised Code.	641

(3) A child upon whom a serious youthful offender	642
dispositional sentence is imposed under division (E)(D)(1) or (2)	643
of this section has a right to appeal under division (A)(1), (3),	644
(4), (5), or (6) of section 2953.08 of the Revised Code the adult	645
portion of the serious youthful offender dispositional sentence	646
when any of those divisions apply. The child may appeal the adult	647
portion, and the court shall consider the appeal as if the adult	648
portion were not stayed.	649

Sec. 2152.14.  (A)(1) The director of youth services may	650
request the prosecuting attorney of the county in which is located	651
the juvenile court that imposed a serious youthful offender	652
dispositional sentence upon a person to file a motion with that	653
juvenile court to invoke the adult portion of the dispositional	654
sentence if all of the following apply to the person:	655

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

656

(b) The person is in the institutional custody, or an	657
escapee from the custody, of the department of youth services.	658

(c) The person is serving the juvenile portion of the	659
serious youthful offender dispositional sentence.	660

(2) The motion shall state that there is reasonable cause to	661
believe that either of the following misconduct has occurred and	662
shall state that at least one incident of misconduct of that	663
nature occurred after the person reached fourteen years of age:	664

(a) The person committed an act that is a violation of the	665
rules of the institution and that could be charged as any felony	666
or as a first degree misdemeanor offense of violence if committed	667
by an adult.	668

(b) The person has engaged in conduct that creates a	669
substantial risk to the safety or security of the institution, the	670
community, or the victim.	671

(B) If a person is at least fourteen years of age, is	672
serving the juvenile portion of a serious youthful offender	673
dispositional sentence, and is on parole or aftercare from a	674
department of youth services facility, or on community control,	675
the director of youth services, the juvenile court that imposed	676
the serious youthful offender dispositional sentence on the	677
person, or the probation department supervising the person may	678
request the prosecuting attorney of the county in which is located	679
the juvenile court to file a motion with the juvenile court to	680
invoke the adult portion of the dispositional sentence. The	681
prosecuting attorney may file a motion to invoke the adult portion	682
of the dispositional sentence even if no request is made. The	683
motion shall state that there is reasonable cause to believe that	684
either of the following occurred and shall state that at least one	685
incident of misconduct of that nature occurred after the person	686
reached fourteen years of age:	687

(1) The person committed an act that is a violation of the	688
conditions of supervision and that could be charged as any felony	689
or as a first degree misdemeanor offense of violence if committed	690
by an adult.	691

(2) The person has engaged in conduct that creates a	692
substantial risk to the safety or security of the community or of	693
the victim.	694

(C) If the prosecuting attorney declines a request to file a	695
motion that was made by the department of youth services or the	696
supervising probation department under division (A) or (B) of this	697
section or fails to act on a request made under either division by	698
the department within a reasonable time, the department of youth	699
services or the supervising probation department may file a motion	700
of the type described in division (A) or (B) of this section with	701
the juvenile court to invoke the adult portion of the serious	702
youthful offender dispositional sentence. If the prosecuting	703
attorney declines a request to file a motion that was made by the	704
juvenile court under division (B) of this section or fails to act	705
on a request from the court under that division within a	706
reasonable time, the juvenile court may hold the hearing described	707
in division (D) of this section on its own motion.	708

(D) Upon the filing of a motion described in division (A),	709
(B), or (C) of this section, the juvenile court may hold a hearing	710
to determine whether to invoke the adult portion of a person's	711
serious juvenile offender dispositional sentence. The juvenile	712
court shall not invoke the adult portion of the dispositional	713
sentence without a hearing. At the hearing the person who is the	714
subject of the serious youthful offender disposition has the right	715
to be present, to receive notice of the grounds upon which the	716
adult sentence portion is sought to be invoked, to be represented	717
by counsel including counsel appointed under Juvenile Rule 4(A),	718
to be advised on the procedures and protections set forth in the	719
Juvenile Rules, and to present evidence on the person's own	720
behalf, including evidence that the person has a mental illness or	721
is a mentally retarded person. The person may not waive the right	722
to counsel. The hearing shall be open to the public. If the	723
person presents evidence that the person has a mental illness or	724
is a mentally retarded person, the juvenile court shall consider	725
that evidence in determining whether to invoke the adult portion	726
of the serious youthful offender dispositional sentence.	727

(E)(1) The juvenile court may invoke the adult portion of a	728
person's serious youthful offender dispositional sentence if the	729
juvenile court finds all of the following on the record by clear	730
and convincing evidence:	731

(1)(a) The person is serving the juvenile portion of a	732
serious youthful offender dispositional sentence.	733

(2)(b) The person is at least fourteen years of age and has	734
been admitted to a department of youth services facility, or	735
criminal charges are pending against the person.	736

(3)(c) The person engaged in the conduct or acts charged	737
under division (A), (B), or (C) of this section, and the person's	738
conduct demonstrates that the person is unlikely to be	739
rehabilitated during the remaining period of juvenile	740
jurisdiction.	741

(2) The court may modify the adult sentence the court	742
invokes to consist of any lesser prison term that could be imposed	743
for the offense and, in addition to the prison term or in lieu of	744
the prison term if the prison term was not mandatory, any	745
community control sanction that the offender was eligible to	746
receive at sentencing.	747

(F) If a juvenile court issues an order invoking the adult	748
portion of a serious youthful offender dispositional sentence	749
under division (E) of this section, the juvenile portion of the	750
dispositional sentence shall terminate, and the department of	751
youth services shall transfer the person to the department of	752
rehabilitation and correction or place the person under another	753
sanction imposed as part of the sentence. The juvenile court	754
shall state in its order the total number of days that the person	755
has been held in detention or in a facility operated by, or under	756
contract with, the department of youth services under the juvenile	757
portion of the dispositional sentence. The time the person must	758
serve on a prison term imposed under the adult portion of the	759
dispositional sentence shall be reduced by the total number of	760
days specified in the order plus any additional days the person is	761
held in a juvenile facility or in detention after the order is	762
issued and before the person is transferred to the custody of the	763
department of rehabilitation and correction. In no case shall the	764
total prison term as calculated under this division exceed the	765
maximum prison term available for an adult who is convicted of	766
violating the same sections of the Revised Code.	767

Any community control imposed as part of the adult sentence	768
or as a condition of a judicial release from prison shall be under	769
the supervision of the entity that provides adult probation	770
services in the county. Any post-release control imposed after	771
the offender otherwise is released from prison shall be supervised	772
by the adult parole authority.	773

Sec. 2152.16.  (A)(1) If a child is adjudicated a delinquent	774
child for committing an act that would be a felony if committed by	775
an adult, the juvenile court may commit the child to the legal	776
custody of the department of youth services for secure confinement	777
as follows:	778

(a) For an act that would be aggravated murder or murder if	779
committed by an adult, until the offender attains twenty-one years	780
of age;	781

(b) For a violation of section 2923.02 of the Revised Code	782
that involves an attempt to commit an act that would be aggravated	783
murder or murder if committed by an adult, a minimum period of six	784
to seven years as prescribed by the court and a maximum period not	785
to exceed the child's attainment of twenty-one years of age;	786

(c) For a violation of section 2903.03, 2905.01, 2909.02, or	787
2911.01 or division (A) of section 2903.04 of the Revised Code or	788
for a violation of any provision of section 2907.02 of the Revised	789
Code other than division (A)(1)(b) of that section when the sexual	790
conduct or insertion involved was consensual and when the victim	791
of the violation of division (A)(1)(b) of that section was older	792
than the delinquent child, was the same age as the delinquent	793
child, or was less than three years younger than the delinquent	794
child, for an indefinite term consisting of a minimum period of	795
one to three years, as prescribed by the court, and a maximum	796
period not to exceed the child's attainment of twenty-one years of	797
age;	798

(d) If the child is adjudicated a delinquent child for	799
committing an act that is not described in division (A)(1)(b) or	800
(c) of this section and that would be a felony of the first or	801
second degree if committed by an adult, for an indefinite term	802
consisting of a minimum period of one year and a maximum period	803
not to exceed the child's attainment of twenty-one years of age.	804

(e) For committing an act that would be a felony of the	805
third, fourth, or fifth degree if committed by an adult or for a	806
violation of division (A) of section 2923.211 of the Revised Code,	807
for an indefinite term consisting of a minimum period of six	808
months and a maximum period not to exceed the child's attainment	809
of twenty-one years of age.	810

(2) In each case in which a court makes a disposition under	811
this section, the court retains control over the commitment for	812
the minimum period specified by the court in divisions (A)(1)(a)	813
to (e) of this section. During the minimum period of court	814
control, the department of youth services shall not move the child	815
to a nonsecure setting without the permission of the court that	816
imposed the disposition.	817

(B) If(1) Subject to division (B)(2) of this section, if a	818
delinquent child is committed to the department of youth services	819
under this section, the department may release the child at any	820
time after the minimum period ofspecified by the court control	821
imposed underin division (A)(1) of this section ends.	822

(2) A commitment under this section is subject to a	823
supervised release or to a discharge of the child from the custody	824
of the department for medical reasons pursuant to section 5139.54	825
of the Revised Code, but, during the minimum period specified by	826
the court in division (A)(1) of this section, the department shall	827
obtain court approval of a supervised release or discharge under	828
that section.	829

(C) If a child is adjudicated a delinquent child, at the	830
dispositional hearing and prior to making any disposition pursuant	831
to this section, the court shall determine whether the delinquent	832
child previously has been adjudicated a delinquent child for a	833
violation of a law or ordinance. If the delinquent child	834
previously has been adjudicated a delinquent child for a violation	835
of a law or ordinance, the court, for purposes of entering an	836
order of disposition of the delinquent child under this section,	837
shall consider the previous delinquent child adjudication as a	838
conviction of a violation of the law or ordinance in determining	839
the degree of the offense the current act would be had it been	840
committed by an adult. This division also shall apply in relation	841
to the imposition of any financial sanction under section 2152.19	842
of the Revised Code.	843

Sec. 2152.17.  (A) Subject to division (D) of this section,	844
if a child is adjudicated a delinquent child for committing an	845
act, other than a violation of section 2923.12 of the Revised	846
Code, that would be a felony if committed by an adult and if the	847
court determines that, if the child was an adult, the child would	848
be guilty of a specification of the type set forth in section	849
2941.141, 2941.144, 2941.145, or 2941.146 of the Revised Code, in	850
addition to any commitment or other disposition the court imposes	851
for the underlying delinquent act, all of the following apply:	852

(1) If the court determines that the child would be guilty	853
of a specification of the type set forth in section 2941.141 of	854
the Revised Code, the court may commit the child to the department	855
of youth services for the specification for a definite period of	856
up to one year.	857

(2) If the court determines that the child would be guilty	858
of a specification of the type set forth in section 2941.145 of	859
the Revised Code, the court shall commit the child to the	860
department of youth services for the specification for a definite	861
period of not less than one and not more than three years, and the	862
court also shall commit the child to the department for the	863
underlying delinquent act under sections 2152.11 to 2152.16 of the	864
Revised Code.	865

(3) If the court determines that the child would be guilty	866
of a specification of the type set forth in section 2941.144 or	867
2941.146 of the Revised Code, the court shall commit the child to	868
the department of youth services for the specification for a	869
definite period of not less than one and not more than five years,	870
and the court also shall commit the child to the department for	871
the underlying delinquent act under sections 2152.11 to 2152.16 of	872
the Revised Code.	873

(B) Division (A) of this section also applies to a child who	874
is an accomplice to the same extent the firearm specifications	875
would apply to an adult accomplice in a criminal proceeding.	876

(C) If a child is adjudicated a delinquent child for	877
committing an act that would be aggravated murder, murder, or a	878
first, second, or third degree felony offense of violence if	879
committed by an adult and if the court determines that, if the	880
child was an adult, the child would be guilty of a specification	881
of the type set forth in section 2941.142 of the Revised Code in	882
relation to the act for which the child was adjudicated a	883
delinquent child, the court shall commit the child for the	884
specification to the legal custody of the department of youth	885
services for institutionalization in a secure facility for a	886
definite period of not less than one and not more than three	887
years, subject to division (D)(2) of this section, and the court	888
also shall commit the child to the department for the underlying	889
delinquent act.	890

(D)(1) If the child is adjudicated a delinquent child for	891
committing an act that would be an offense of violence that is a	892
felony if committed by an adult and is committed to the legal	893
custody of the department of youth services pursuant to division	894
(A)(4), (5), or (6)(1) of this section 2152.16 of the Revised Code	895
and if the court determines that the child, if the child was an	896
adult, would be guilty of a specification of the type set forth in	897
section 2941.1411 of the Revised Code in relation to the act for	898
which the child was adjudicated a delinquent child, the court may	899
commit the child to the custody of the department of youth	900
services for institutionalization in a secure facility for up to	901
two years, subject to division (A)(7)(d)(D)(2) of this section.	902

(d)(2) A court that imposes a period of commitment under	903
division (A)(7)(a) of this section is not precluded from imposing	904
an additional period of commitment under division (A)(7)(b)(C) or	905
(c)(D)(1) of this section, a court that imposes a period of	906
commitment under division (A)(7)(b)(C) of this section is not	907
precluded from imposing an additional period of commitment under	908
division (A)(7)(a) or (c)(D)(1) of this section, and a court that	909
imposes a period of commitment under division (A)(7)(c)(D)(1) of	910
this section is not precluded from imposing an additional period	911
of commitment under division (A)(7)(a) or (b)(C) of this section.	912

(E) The court shall not commit a child to the legal custody	913
of the department of youth services for a specificationtwo or	914
more specifications pursuant to this section for a period that	915
exceeds five years forin relation to any one delinquent act. Any	916
commitment imposed pursuant to division (A), (B), or (C), or	917
(D)(1) of this section shall be in addition to, and shall be	918
served consecutively with and prior to, a period of commitment	919
ordered under this chapter for the underlying delinquent act, and	920
each commitment imposed pursuant to division (A), (B), or (C), or	921
(D)(1) of this section shall be in addition to, and shall be	922
served consecutively with, any other period of commitment imposed	923
under those divisions. If a commitment is imposed under division	924
(A) or (B) of this section and a commitment also is imposed under	925
division (C) of this section, the period imposed under division	926
(A) or (B) of this section shall be served prior to the period	927
imposed under division (C) of this section.	928

In each case in which a court makes a disposition under this	929
section, the court retains control over the commitment for the	930
entire period of the commitment.	931

The total of all the periods of commitment imposed for any	932
specification under this section and for the underlying offense	933
shall not exceed the child's attainment of twenty-one years of	934
age.	935

(E)(F) If a child is adjudicated a delinquent child for	936
committing two or more acts that would be felonies if committed by	937
an adult and if the court entering the delinquent child	938
adjudication orders the commitment of the child for two or more of	939
those acts to the legal custody of the department of youth	940
services for institutionalization in a secure facility pursuant to	941
section 2152.13 or 2152.16 orof the Revised Code, the court may	942
order that all of the periods of commitment imposed under those	943
sections for those acts be served consecutively in the legal	944
custody of the department of youth services, provided that those	945
periods of commitment shall be in addition to and commence	946
immediately following the expiration of a period of commitment	947
that the court imposes pursuant to division (A), (B), or (C), or	948
(D)(1) of this section. A court shall not commit a delinquent	949
child to the legal custody of the department of youth services	950
under this division for a period that exceeds the child's	951
attainment of twenty-one years of age.	952

(F)(G) If a child is adjudicated a delinquent child for	953
committing an act that if committed by an adult would be	954
aggravated murder, murder, rape, felonious sexual penetration in	955
violation of former section 2907.12 of the Revised Code,	956
involuntary manslaughter, a felony of the first or second degree	957
resulting in the death of or physical harm to a person, complicity	958
in or an attempt to commit any of those offenses, or an offense	959
under an existing or former law of this state that is or was	960
substantially equivalent to any of those offenses and if the court	961
in its order of disposition for that act commits the child to the	962
custody of the department of youth services, the adjudication	963
shall be considered a conviction for purposes of a future	964
determination pursuant to Chapter 2929. of the Revised Code as to	965
whether the child, as an adult, is a repeat violent offender.	966

Sec. 2152.18.  (A) When a juvenile court commits a	967
delinquent child to the custody of the department of youth	968
services pursuant to this chapter, the court shall not designate	969
the specific institution in which the department is to place the	970
child but instead shall specify that the child is to be	971
institutionalized in a secure facility.	972

(B) When a juvenile court commits a delinquent child to the	973
custody of the department of youth services pursuant to this	974
chapter, the court shall state in the order of commitment the	975
total number of days that the child has been held in detention in	976
connection with the delinquent child complaint upon which the	977
order of commitment is based. The department shall reduce the	978
minimum period of institutionalization that was ordered by both	979
the total number of days that the child has been so held in	980
detention as stated by the court in the order of commitment and	981
the total number of any additional days that the child has been	982
held in detention subsequent to the order of commitment but prior	983
to the transfer of physical custody of the child to the	984
department.	985

(C)(1) When a juvenile court commits a delinquent child to	986
the custody of the department of youth services pursuant to this	987
chapter, the court shall provide the department with the child's	988
medical records, a copy of the report of any mental examination of	989
the child ordered by the court, the Revised Code section or	990
sections the child violated and the degree of each violation, the	991
warrant to convey the child to the department, a copy of the	992
court's journal entry ordering the commitment of the child to the	993
legal custody of the department, a copy of the arrest record	994
pertaining to the act for which the child was adjudicated a	995
delinquent child, a copy of any victim impact statement pertaining	996
to the act, and any other information concerning the child that	997
the department reasonably requests. The court also shall complete	998
the form for the standard predisposition investigation report that	999
the department furnishes pursuant to section 5139.04 of the	1000
Revised Code and provide the department with the completed form.	1001

The department may refuse to accept physical custody of a	1002
delinquent child who is committed to the legal custody of the	1003
department until the court provides to the department the	1004
documents specified in this division. No officer or employee of	1005
the department who refuses to accept physical custody of a	1006
delinquent child who is committed to the legal custody of the	1007
department shall be subject to prosecution or contempt of court	1008
for the refusal if the court fails to provide the documents	1009
specified in this division at the time the court transfers the	1010
physical custody of the child to the department.	1011

(2) Within twenty working days after the department of youth	1012
services receives physical custody of a delinquent child from a	1013
juvenile court, the court shall provide the department with a	1014
certified copy of the child's birth certificate and the child's	1015
social security number or, if the court made all reasonable	1016
efforts to obtain the information but was unsuccessful, with	1017
documentation of the efforts it made to obtain the information.	1018

(D)(1) Within ten days after an adjudication that a child is	1019
a delinquent child, the court shall give written notice of the	1020
adjudication to the superintendent of a city, local, exempted	1021
village, or joint vocational school district, and to the principal	1022
of the school the child attends, if the basis of the adjudication	1023
was the commission of an act that would be a criminal offense if	1024
committed by an adult, if the act was committed by the delinquent	1025
child when the child was fourteen years of age or older, and if	1026
the act is any of the following:	1027

(a) An act that would be a felony or an offense of violence	1028
if committed by an adult, an act in the commission of which the	1029
child used or brandished a firearm, or an act that is a violation	1030
of section 2907.04, 2907.06, 2907.07, 2907.08, 2907.09, 2907.24,	1031
or 2907.241 of the Revised Code and that would be a misdemeanor if	1032
committed by an adult;	1033

(b) A violation of section 2923.12 of the Revised Code or of	1034
a substantially similar municipal ordinance that would be a	1035
misdemeanor if committed by an adult and that was committed on	1036
property owned or controlled by, or at an activity held under the	1037
auspices of, the board of education of that school district;	1038

(c) A violation of division (A) of section 2925.03 or	1039
2925.11 of the Revised Code that would be a misdemeanor if	1040
committed by an adult, that was committed on property owned or	1041
controlled by, or at an activity held under the auspices of, the	1042
board of education of that school district, and that is not a	1043
minor drug possession offense;	1044

(d) An act that would be a criminal offense if committed by	1045
an adult and that results in serious physical harm to persons or	1046
serious physical harm to property while the child is at school, on	1047
any other property owned or controlled by the board, or at an	1048
interscholastic competition, an extracurricular event, or any	1049
other school program or activity;	1050

(e) Complicity in any violation described in division	1051
(D)(1)(a), (b), (c), or (d) of this section that was alleged to	1052
have been committed in the manner described in division (D)(1)(a),	1053
(b), (c), or (d) of this section, regardless of whether the act of	1054
complicity was committed on property owned or controlled by, or at	1055
an activity held under the auspices of, the board of education of	1056
that school district.	1057

(2) The notice given pursuant to division (K)(D)(1) of this	1058
section shall include the name of the child who was adjudicated to	1059
be a delinquent child, the child's age at the time the child	1060
committed the act that was the basis of the adjudication, and	1061
identification of the violation of the law or ordinance that was	1062
the basis of the adjudication.	1063

(3) Within fourteen days after committing a delinquent child	1064
to the custody of the department of youth services, the court	1065
shall give notice to the school attended by the child of the	1066
child's commitment by sending to that school a copy of the court's	1067
journal entry ordering the commitment. As soon as possible after	1068
receipt of the notice described in this division, the school shall	1069
provide the department with the child's school transcript.	1070
However, the department shall not refuse to accept a child	1071
committed to it, and a child committed to it shall not be held in	1072
a county or district detention facility, because of a school's	1073
failure to provide the school transcript that it is required to	1074
provide under this division.	1075

(4) Within fourteen days after releasing a child from an	1076
institution under its control, the department of youth services	1077
shall provide the court and the school with an updated copy of the	1078
child's school transcript and a summary of the institutional	1079
record of the child. The department also shall provide the court	1080
with a copy of any portion of the child's institutional record	1081
that the court specifically requests, within five working days of	1082
the request.	1083

(E) At any hearing at which a child is adjudicated a	1084
delinquent child or as soon as possible after the hearing, the	1085
court shall notify all victims of the delinquent act who may be	1086
entitled to a recovery under any of the following sections of the	1087
right of the victims to recover, pursuant to section 3109.09 of	1088
the Revised Code, compensatory damages from the child's parents;	1089
of the right of the victims to recover, pursuant to section	1090
3109.10 of the Revised Code, compensatory damages from the child's	1091
parents for willful and malicious assaults committed by the child;	1092
and of the right of the victims to recover an award of reparations	1093
pursuant to sections 2743.51 to 2743.72 of the Revised Code.	1094

Sec. 2152.22.  (A) When a child is committed to the legal	1095
custody of the department of youth services under this chapter,	1096
the juvenile court relinquishes control with respect to the child	1097
so committed, except as provided in divisions (B), (C), and (G) of	1098
this section or in sections 2152.82 to 2152.85 of the Revised	1099
Code. Subject to divisions (B) and (C) of this section, sections	1100
2151.353 and 2151.412 to 2151.421 of the Revised Code, sections	1101
2152.82 to 2152.85 of the Revised Code, and any other provision of	1102
law that specifies a different duration for a dispositional order,	1103
all other dispositional orders made by the court under this	1104
chapter shall be temporary and shall continue for a period that is	1105
designated by the court in its order, until terminated or modified	1106
by the court or until the child attains twenty-one years of age.	1107

The department shall not release the child from a department	1108
facility and as a result shall not discharge the child or order	1109
the child's release on supervised release prior to the expiration	1110
of the minimum period of court control over the childspecified by	1111
the court in division (A)(1) of section 2152.16 of the Revised	1112
Code and any term of commitment imposed under section 2152.17 of	1113
the Revised Code or prior to the child's attainment of twenty-one	1114
years of age, except upon the order of a court pursuant to	1115
division (B) or (C) of this section or in accordance with section	1116
5139.54 of the Revised Code.	1117

(B)(1) The court that commits a delinquent child to the	1118
department may grant judicial release of the child to court	1119
supervision under this division, during any of the following	1120
periods that are applicableduring the first half of the	1121
prescribed minimum term for which the child was committed to the	1122
department or, if the child was committed to the department until	1123
the child attains twenty-one years of age, during the first half	1124
of the prescribed period of commitment that begins on the first	1125
day of commitment and ends on the child's twenty-first birthday,	1126
provided any commitment imposed under division (A), (B), or (C),	1127
or (D) of section 2152.17 of the Revised Code has ended:	1128

(a) If the child was given a disposition under section	1129
2152.16 of the Revised Code for committing an act that would be a	1130
felony of the third, fourth, or fifth degree if committed by an	1131
adult, at any time during the first ninety days of the period of	1132
court control over the child;	1133

(b) If the child was given a disposition under section	1134
2152.13 or 2152.16 of the Revised Code, or both of those sections,	1135
for committing an act that would be a felony of the first or	1136
second degree if committed by an adult, at any time during the	1137
first one hundred eighty days of the period of court control over	1138
the child;	1139

(c) If the child was committed to the department until the	1140
child attains twenty-one years of age for an act that would be	1141
aggravated murder or murder if committed by an adult, at any time	1142
during the first half of the prescribed period of that commitment	1143
of the child.	1144

(2) If the department of youth services desires to release a	1145
child during a period specified in division (B)(1) of this	1146
section, it shall request the court that committed the child to	1147
grant a judicial release of the child to court supervision. During	1148
whichever of those periods is applicable, the child or the parents	1149
of the child also may request that court to grant a judicial	1150
release of the child to court supervision. Upon receipt of a	1151
request for a judicial release to court supervision from the	1152
department, the child, or the child's parent, or upon its own	1153
motion, the court that committed the child shall do one of the	1154
following: approve the release by journal entry; schedule within	1155
thirty days after the request is received a time for a hearing on	1156
whether the child is to be released; or reject the request by	1157
journal entry without conducting a hearing.	1158

If the court rejects an initial request for a release under	1159
this division by the child or the child's parent, the child or the	1160
child's parent may make one additional request for a judicial	1161
release to court supervision within the applicable period. The	1162
additional request may be made no earlier than thirty days after	1163
the filing of the prior request for a judicial release to court	1164
supervision. Upon the filing of a second request for a judicial	1165
release to court supervision, the court shall either approve or	1166
disapprove the release by journal entry or schedule within thirty	1167
days after the request is received a time for a hearing on whether	1168
the child is to be released.	1169

(3) If a court schedules a hearing under division (B)(2) of	1170
this section, it may order the department to deliver the child to	1171
the court on the date set for the hearing and may order the	1172
department to present to the court a report on the child's	1173
progress in the institution to which the child was committed and	1174
recommendations for conditions of supervision of the child by the	1175
court after release. The court may conduct the hearing without	1176
the child being present. The court shall determine at the hearing	1177
whether the child should be granted a judicial release to court	1178
supervision.	1179

If the court approves the release, it shall order its staff	1180
to prepare a written treatment and rehabilitation plan for the	1181
child that may include any conditions of the child's release that	1182
were recommended by the department and approved by the court. The	1183
committing court shall send the juvenile court of the county in	1184
which the child is placed a copy of the recommended plan. The	1185
court of the county in which the child is placed may adopt the	1186
recommended conditions set by the committing court as an order of	1187
the court and may add any additional consistent conditions it	1188
considers appropriate. If a child is granted a judicial release	1189
to court supervision, the release discharges the child from the	1190
custody of the department of youth services.	1191

(C)(1) The court that commits a delinquent child to the	1192
department may grant judicial release of the child to department	1193
of youth services supervision under this division, during any of	1194
the following periods that are applicableduring the second half	1195
of the prescribed minimum term for which the child was committed	1196
to the department or, if the child was committed to the department	1197
until the child attains twenty-one years of age, during the second	1198
half of the prescribed period of commitment that begins on the	1199
first day of commitment and ends on the child's twenty-first	1200
birthday, provided any commitment imposed under division (A), (B),	1201
or (C), or (D) of section 2152.17 of the Revised Code has ended:	1202

(a) If the child was given a disposition under section	1203
2152.16 of the Revised Code for an act that would be a felony of	1204
the third, fourth, or fifth degree if committed by an adult, at	1205
any time during the period of court control over the child,	1206
provided that at least ninety days of that period have elapsed;	1207

(b) If the child was given a disposition under section	1208
2152.13 or 2152.16 of the Revised Code, or both of those sections,	1209
for an act that would be a felony of the first or second degree if	1210
committed by an adult, at any time during the period of court	1211
control over the child, provided that at least one hundred eighty	1212
days of that period have elapsed;	1213

(c) If the child was committed to the department for an act	1214
that would be aggravated murder or murder if committed by an adult	1215
until the child attains twenty-one years of age, at any time	1216
during the second half of the prescribed period of that commitment	1217
of the child.	1218

(2) If the department of youth services desires to release a	1219
child during a period specified in division (C)(1) of this	1220
section, it shall request the court that committed the child to	1221
grant a judicial release to department of youth services	1222
supervision. During whichever of those periods is applicable, the	1223
child or the child's parent also may request the court that	1224
committed the child to grant a judicial release to department of	1225
youth services supervision. Upon receipt of a request for	1226
judicial release to department of youth services supervision, the	1227
child, or the child's parent, or upon its own motion at any time	1228
during that period, the court shall do one of the following:	1229
approve the release by journal entry; schedule a time within	1230
thirty days after receipt of the request for a hearing on whether	1231
the child is to be released; or reject the request by journal	1232
entry without conducting a hearing.	1233

If the court rejects an initial request for release under	1234
this division by the child or the child's parent, the child or the	1235
child's parent may make one or more subsequent requests for a	1236
release within the applicable period, but may make no more than	1237
one request during each period of ninety days that the child is in	1238
a secure department facility after the filing of a prior request	1239
for early release. Upon the filing of a request for release under	1240
this division subsequent to an initial request, the court shall	1241
either approve or disapprove the release by journal entry or	1242
schedule a time within thirty days after receipt of the request	1243
for a hearing on whether the child is to be released.	1244

(3) If a court schedules a hearing under division (C)(2) of	1245
this section, it may order the department to deliver the child to	1246
the court on the date set for the hearing and shall order the	1247
department to present to the court at that time a treatment plan	1248
for the child's post-institutional care. The court may conduct	1249
the hearing without the child being present. The court shall	1250
determine at the hearing whether the child should be granted a	1251
judicial release to department of youth services supervision.	1252

If the court approves the judicial release to department of	1253
youth services supervision, the department shall prepare a written	1254
treatment and rehabilitation plan for the child pursuant to	1255
division (E) of this section that shall include the conditions of	1256
the child's release. It shall send the committing court and the	1257
juvenile court of the county in which the child is placed a copy	1258
of the plan. The court of the county in which the child is placed	1259
may adopt the conditions set by the department as an order of the	1260
court and may add any additional consistent conditions it	1261
considers appropriate, provided that the court may not add any	1262
condition that decreases the level or degree of supervision	1263
specified by the department in its plan, that substantially	1264
increases the financial burden of supervision that will be	1265
experienced by the department, or that alters the placement	1266
specified by the department in its plan. If the court of the	1267
county in which the child is placed adds to the department's plan	1268
any additional conditions, it shall enter those additional	1269
conditions in its journal and shall send to the department a copy	1270
of the journal entry of the additional conditions.	1271

If the court approves the judicial release to department of	1272
youth services supervision, the actual date on which the	1273
department shall release the child is contingent upon the	1274
department finding a suitable placement for the child. If the	1275
child is to be returned to the child's home, the department shall	1276
return the child on the date that the court schedules for the	1277
child's release or shall bear the expense of any additional time	1278
that the child remains in a department facility. If the child is	1279
unable to return to the child's home, the department shall	1280
exercise reasonable diligence in finding a suitable placement for	1281
the child, and the child shall remain in a department facility	1282
while the department finds the suitable placement.	1283

(D) If a child is released under division (B) or (C) of this	1284
section and the court of the county in which the child is placed	1285
has reason to believe that the child's deportment is not in	1286
accordance with the conditions of the child's judicial release,	1287
the court of the county in which the child is placed shall	1288
schedule a time for a hearing to determine whether the child	1289
violated any of the post-release conditions, and, if the child was	1290
released under division (C) of this section, divisions (A) to (E)	1291
of section 5139.52 of the Revised Code apply regarding the child.	1292

If that court determines at the hearing that the child	1293
violated any of the post-release conditions, the court, if it	1294
determines that the violation was a serious violation, may order	1295
the child to be returned to the department for	1296
institutionalization, consistent with the original order of	1297
commitment of the child, or in any case may make any other	1298
disposition of the child authorized by law that the court	1299
considers proper. If the court of the county in which the child	1300
is placed orders the child to be returned to a department of youth	1301
services institution, the time during which the child was held in	1302
a secure department facility prior to the child's judicial release	1303
shall be considered as time served in fulfilling the prescribed	1304
period of institutionalization that is applicable to the child	1305
under the child's original order of commitment. If the court	1306
orders the child returned to a department institution, the child	1307
shall remain in institutional care for a minimum of three months	1308
or until the child successfully completes a revocation program of	1309
a duration of not less than thirty days operated either by the	1310
department or by an entity with which the department has	1311
contracted to provide a revocation program.	1312

(E) The department of youth services, prior to the release	1313
of a child pursuant to division (C) of this section, shall do all	1314
of the following:	1315

(1) After reviewing the child's rehabilitative progress	1316
history and medical and educational records, prepare a written	1317
treatment and rehabilitation plan for the child that includes	1318
conditions of the release;	1319

(2) Completely discuss the conditions of the plan prepared	1320
pursuant to division (E)(1) of this section and the possible	1321
penalties for violation of the plan with the child and the child's	1322
parents, guardian, or legal custodian;	1323

(3) Have the plan prepared pursuant to division (E)(1) of	1324
this section signed by the child, the child's parents, legal	1325
guardian, or custodian, and any authority or person that is to	1326
supervise, control, and provide supportive assistance to the child	1327
at the time of the child's release pursuant to division (C) of	1328
this section;	1329

(4) Prior to the child's release, file a copy of the	1330
treatment plan prepared pursuant to division (E)(1) of this	1331
section with the committing court and the juvenile court of the	1332
county in which the child is to be placed.	1333

(F) The department of youth services shall file a written	1334
progress report with the committing court regarding each child	1335
released pursuant to division (C) of this section at least once	1336
every thirty days unless specifically directed otherwise by the	1337
court. The report shall indicate the treatment and rehabilitative	1338
progress of the child and the child's family, if applicable, and	1339
shall include any suggestions for altering the program, custody,	1340
living arrangements, or treatment. The department shall retain	1341
legal custody of a child so released until it discharges the child	1342
or until the custody is terminated as otherwise provided by law.	1343

(G) When a child is committed to the legal custody of the	1344
department of youth services, the court retains jurisdiction to	1345
perform the functions specified in section 5139.51 of the Revised	1346
Code with respect to the granting of supervised release by the	1347
release authority and to perform the functions specified in	1348
section 5139.52 of the Revised Code with respect to violations of	1349
the conditions of supervised release granted by the release	1350
authority and to the revocation of supervised release granted by	1351
the release authority.	1352

Sec.  2152.71.  (A)(1) The juvenile court shall maintain	1353
records of all official cases brought before it, including, but	1354
not limited to, an appearance docket, a journal, and, in cases	1355
pertaining to an alleged delinquent child, arrest and custody	1356
records, complaints, journal entries, and hearing summaries. The	1357
court shall maintain a separate docket for traffic cases and shall	1358
record all traffic cases on the separate docket instead of on the	1359
general appearance docket. The parents, guardian, or other	1360
custodian of any child affected, if they are living, or the	1361
nearest of kin of the child, if the parents are deceased, may	1362
inspect these records, either in person or by counsel, during the	1363
hours in which the court is open. Division (A)(1) of this section	1364
does not require the release or authorize the inspection of arrest	1365
or incident reports, law enforcement investigatory reports or	1366
records, or witness statements.	1367

(2) The juvenile court shall send to the superintendent of	1368
the bureau of criminal identification and investigation, pursuant	1369
to section 109.57 of the Revised Code, a weekly report containing	1370
a summary of each case that has come before it and that involves	1371
the disposition of a child who is a delinquent child for	1372
committing an act that would be a felony or an offense of violence	1373
if committed by an adult.	1374

(B) The clerk of the court shall maintain a statistical	1375
record that includes all of the following:	1376

(1) The number of complaints that are filed with, or	1377
indictments or information made to, the court that allege that a	1378
child is a delinquent child, in relation to which the court	1379
determines under division (D) of section 2151.27 of the Revised	1380
Code that the victim of the alleged delinquent act was sixty-five	1381
years of age or older or permanently and totally disabled at the	1382
time of the alleged commission of the act;	1383

(2) The number of complaints, indictments, or information	1384
described in division (B)(1) of this section that result in the	1385
child being adjudicated a delinquent child;	1386

(3) The number of complaints, indictments, or information	1387
described in division (B)(2) of this section in which the act upon	1388
which the delinquent child adjudication is based caused property	1389
damage or would be a theft offense, as defined in division (K) of	1390
section 2913.01 of the Revised Code, if committed by an adult;	1391

(4) The number of complaints, indictments, or information	1392
described in division (B)(3) of this section that result in the	1393
delinquent child being required as an order of disposition made	1394
under division (A) of section 2152.20 of the Revised Code to make	1395
restitution for all or part of the property damage caused by the	1396
child's delinquent act or for all or part of the value of the	1397
property that was the subject of the delinquent act that would be	1398
a theft offense if committed by an adult;	1399

(5) The number of complaints, indictments, or information	1400
described in division (B)(2) of this section in which the act upon	1401
which the delinquent child adjudication is based would have been	1402
an offense of violence if committed by an adult;	1403

(6) The number of complaints, indictments, or information	1404
described in division (B)(5) of this section that result in the	1405
delinquent child being committed as an order of disposition made	1406
under section 2152.16, divisions (A) and (B) of section 2152.17,	1407
or division (A)(2) of section 2159.192152.19 of the Revised Code	1408
to any facility for delinquent children operated by the county, a	1409
district, or a private agency or organization or to the department	1410
of youth services;	1411

(7) The number of complaints, indictments, or information	1412
described in division (B)(1) of this section that result in the	1413
case being transferred for criminal prosecution to an appropriate	1414
court having jurisdiction of the offense under section 2152.12 of	1415
the Revised Code.	1416

(C) The clerk of the court shall compile an annual summary	1417
covering the preceding calendar year showing all of the	1418
information for that year contained in the statistical record	1419
maintained under division (B) of this section. The statistical	1420
record and the annual summary shall be public records open for	1421
inspection. Neither the statistical record nor the annual summary	1422
shall include the identity of any party to a case.	1423

(D) Not later than June of each year, the court shall	1424
prepare an annual report covering the preceding calendar year	1425
showing the number and kinds of cases that have come before it,	1426
the disposition of the cases, and any other data pertaining to the	1427
work of the court that the juvenile judge directs. The court	1428
shall file copies of the report with the board of county	1429
commissioners. With the approval of the board, the court may	1430
print or cause to be printed copies of the report for distribution	1431
to persons and agencies interested in the court or community	1432
program for dependent, neglected, abused, or delinquent children	1433
and juvenile traffic offenders. The court shall include the	1434
number of copies ordered printed and the estimated cost of each	1435
printed copy on each copy of the report printed for distribution.	1436

Sec. 2927.02.  (A) As used in this section and section	1437
2927.021 of the Revised Code:	1438

(1) "Child" has the same meaning as in section 2151.011 of	1439
the Revised Code.	1440

(2) "Cigarette" includes clove cigarettes and hand-rolled	1441
cigarettes.	1442

(3) "Distribute" means to furnish, give, or provide	1443
cigarettes, other tobacco products, or papers used to roll	1444
cigarettes to the ultimate consumer of the cigarettes, other	1445
tobacco products, or papers used to roll cigarettes.	1446

(4) "Proof of age" means a driver's license, a commercial	1447
driver's license, a military identification card, a passport, or	1448
an identification card issued under sections 4507.50 to 4507.52 of	1449
the Revised Code that shows that a person is eighteen years of age	1450
or older.	1451

(5) "Tobacco product" means any product that is made from	1452
tobacco, including, but not limited to, a cigarette, a cigar, pipe	1453
tobacco, chewing tobacco, or snuff.	1454

(6) "Vending machine" has the same meaning as "coin machine"	1455
in section 2913.01 of the Revised Code.	1456

(B) No manufacturer, producer, distributor, wholesaler, or	1457
retailer of cigarettes, other tobacco products, or papers used to	1458
roll cigarettes, no agent, employee, or representative of a	1459
manufacturer, producer, distributor, wholesaler, or retailer of	1460
cigarettes, other tobacco products, or papers used to roll	1461
cigarettes, and no other person shall do any of the following:	1462

(1) Give, sell, or otherwise distribute cigarettes, other	1463
tobacco products, or papers used to roll cigarettes to any child;	1464

(2) Give away, sell, or distribute cigarettes, other tobacco	1465
products, or papers used to roll cigarettes in any place that does	1466
not have posted in a conspicuous place a sign stating that giving,	1467
selling, or otherwise distributing cigarettes, other tobacco	1468
products, or papers used to roll cigarettes to a person under	1469
eighteen years of age is prohibited by law;	1470

(3) Knowingly furnish any false information regarding the	1471
name, age, or other identification of any child with purpose to	1472
obtain cigarettes, other tobacco products, or papers used to roll	1473
cigarettes for that child.	1474

(C) No person shall sell or offer to sell cigarettes or	1475
other tobacco products by or from a vending machine, except in the	1476
following locations:	1477

(1) An area within a factory, business, office, or other	1478
place not open to the general public;	1479

(2) An area to which children are not generally permitted	1480
access;	1481

(3) Any other place not identified in division (C)(1) or (2)	1482
of this section, upon all of the following conditions:	1483

(a) The vending machine is located within the immediate	1484
vicinity, plain view, and control of the person who owns or	1485
operates the place, or an employee of that person, so that all	1486
cigarettes and other tobacco product purchases from the vending	1487
machine will be readily observed by the person who owns or	1488
operates the place or an employee of that person. For the	1489
purpose of this section, a vending machine located in any	1490
unmonitored area, including an unmonitored coatroom, restroom,	1491
hallway, or outer waiting area, shall not be considered located	1492
within the immediate vicinity, plain view, and control of the	1493
person who owns or operates the place, or an employee of that	1494
person.	1495

(b) The vending machine is inaccessible to the public when	1496
the place is closed.	1497

(D) The following are affirmative defenses to a charge under	1499
division (B)(1) of this section:	1500

(1) The child was accompanied by a parent, spouse who is	1501
eighteen years of age or older, or legal guardian of the child.	1502

(2) The person who gave, sold, or distributed cigarettes,	1503
other tobacco products, or papers used to roll cigarettes to a	1504
child under division (B)(1) of this section is a parent, spouse	1505
who is eighteen years of age or older, or legal guardian of the	1506
child.	1507

(E) It is not a violation of division (B)(1) or (2) of this	1508
section for a person to give or otherwise distribute to a child	1509
cigarettes, other tobacco products, or papers used to roll	1510
cigarettes while the child is participating in a research protocol	1511
if all of the following apply:	1512

(1) The parent, guardian, or legal custodian of the child has	1513
consented in writing to the child participating in the research	1514
protocol.	1515

(2) An institutional human subjects protection review board,	1516
or an equivalent entity, has approved the research protocol.	1517

(3) The child is participating in the research protocol at	1518
the facility or location specified in the research protocol.	1519

(F)(1) Whoever violates division (B)(1) or (2) or (C) of	1520
this section is guilty of illegal distribution of cigarettes or	1521
other tobacco products, a misdemeanor of the fourth degree. If	1522
the offender previously has been convicted of a violation of	1523
division (B)(1) or (2) or (C) of this section, illegal	1524
distribution of cigarettes or other tobacco products is a	1525
misdemeanor of the third degree.	1526

(2) Whoever violates division (B)(3) of this section is	1527
guilty of permitting children to use cigarettes or other tobacco	1528
products, a misdemeanor of the fourth degree. If the offender	1529
previously has been convicted of a violation of division (B)(3) of	1530
this section, permitting children to use cigarettes or other	1531
tobacco products is a misdemeanor of the third degree.	1532

(F)(G) Any cigarettes, other tobacco products, or papers	1533
used to roll cigarettes that are given, sold, or otherwise	1534
distributed to a child in violation of this section and that are	1535
used, possessed, purchased, or received by a child in violation of	1536
section 2151.87 of the Revised Code are subject to seizure and	1537
forfeiture as contraband under sections 2933.42 and 2933.43 of the	1538
Revised Code.	1539

Sec. 2950.01. As used in this chapter, unless the context	1540
clearly requires otherwise:	1541

(A) "Confinement" includes, but is not limited to, a	1542
community residential sanction imposed pursuant to section 2929.16	1543
of the Revised Code.	1544

(B) "Habitual sex offender" means, except when a juvenile	1545
judge removes this classification pursuant to division (A)(2) of	1546
section 2152.84 or division (C)(2) of section 2152.85 of the	1547
Revised Code, a person to whom both of the following apply:	1548

(1) The person is convicted of or pleads guilty to a	1549
sexually oriented offense, or the person is adjudicated a	1550
delinquent child for committing on or after the effective date of	1551
this amendmentJanuary 1, 2002, a sexually oriented offense, was	1552
fourteen years of age or older at the time of committing the	1553
offense, and is classified a juvenile sex offender registrant	1554
based on that adjudication.	1555

(2) The person previously has been convicted of or pleaded	1556
guilty to one or more sexually oriented offenses or, regarding a	1557
delinquent child, previously has been adjudicated a delinquent	1558
child for committing one or more sexually oriented offenses.	1559

(C) "Prosecutor" has the same meaning as in section 2935.01	1560
of the Revised Code.	1561

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

1562

(1) Subject to division (D)(2) of this section, any of the	1563
following violations or offenses:	1564

(a) Regardless of the age of the victim of the offense, a	1565
violation of section 2907.02, 2907.03, or 2907.05 of the Revised	1566
Code;	1567

(b) Any of the following offenses involving a minor, in the	1568
circumstances specified:	1569

(i) A violation of section 2905.01, 2905.02, 2905.03,	1570
2905.04, 2905.05, or 2907.04 of the Revised Code when the victim	1571
of the offense is under eighteen years of age;	1572

(ii) A violation of section 2907.21 of the Revised Code when	1573
the person who is compelled, induced, procured, encouraged,	1574
solicited, requested, or facilitated to engage in, paid or agreed	1575
to be paid for, or allowed to engage in the sexual activity in	1576
question is under eighteen years of age;	1577

(iii) A violation of division (A)(1) or (3) of section	1578
2907.321 or 2907.322 of the Revised Code;	1579

(iv) A violation of division (A)(1) or (2) of section	1580
2907.323 of the Revised Code;	1581

(v) A violation of division (B)(5) of section 2919.22 of the	1582
Revised Code when the child who is involved in the offense is	1583
under eighteen years of age.	1584

(c) Regardless of the age of the victim of the offense, a	1585
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the	1586
Revised Code, or of division (A) of section 2903.04 of the Revised	1587
Code, that is committed with a purpose to gratify the sexual needs	1588
or desires of the offender;	1589

(d) A sexually violent offense;

1590

(e) A violation of any former law of this state that was	1591
substantially equivalent to any offense listed in division	1592
(D)(1)(a), (b), (c), or (d) of this section;	1593

(f) A violation of an existing or former municipal ordinance	1594
or law of another state or the United States, a violation under	1595
the law applicable in a military court, or a violation under the	1596
law applicable in an Indian tribal court that is or was	1597
substantially equivalent to any offense listed in division	1598
(D)(1)(a), (b), (c), or (d) of this section;	1599

(g) An attempt to commit, conspiracy to commit, or	1600
complicity in committing any offense listed in division (D)(1)(a),	1601
(b), (c), (d), (e), or (f) of this section.	1602

(2) An act committed by a person under eighteen years of age	1603
that is any of the following:	1604

(a) Except for the violations specifically described in	1605
divisions (D)(2)(b) and (c) of this section and subject to	1606
division (D)(2)(d) of this section, any violation listed in	1607
division (D)(1) of this section that, if committed by an adult,	1608
would be a felony of the first, second, third, or fourth degree;	1609

(b) Subject to division (A)(2)(d) of this section, a	1610
violation of section 2903.01, 2903.02, 2903.11, 2905.01, or	1611
2905.02 of the Revised Code, a violation of division (A) of	1612
section 2903.04 of the Revised Code, or an attempt to violate any	1613
of those sections or that division that is committed with a	1614
purpose to gratify the sexual needs or desires of the child	1615
committing the violation;	1616

(c) Subject to division (A)(2)(d) of this section, a	1617
violation of division (A)(1) or (3) of section 2907.321, division	1618
(A)(1) or (3) of section 2907.322, or division (A)(1) or (2) of	1619
section 2907.323 of the Revised Code, or an attempt to violate any	1620
of those divisions, if the person who violates or attempts to	1621
violate the division is four or more years older than the minor	1622
who is the victim of the offense;	1623

(d) If the child's case has been transferred for criminal	1624
prosecution under section 2152.12 of the Revised Code, the act is	1625
any violation listed in division (D)(1)(a), (b), (c), (d), (e),	1626
(f), or (g) of this section or would be any offense listed in any	1627
of those divisions if committed by an adult.	1628

(E) "Sexual predator" means a person to whom either of the	1629
following applies:	1630

(1) The person has been convicted of or pleaded guilty to	1631
committing a sexually oriented offense and is likely to engage in	1632
the future in one or more sexually oriented offenses.	1633

(2) The person has been adjudicated a delinquent child for	1634
committing a sexually oriented offense, was fourteen years of age	1635
or older at the time of committing the offense, was classified a	1636
juvenile sex offender registrant based on that adjudication, and	1637
is likely to engage in the future in one or more sexually oriented	1638
offenses.	1639

(F) "Supervised release" means a release of an offender from	1640
a prison term, a term of imprisonment, or another type of	1641
confinement that satisfies either of the following conditions:	1642

(1) The release is on parole, a conditional pardon, or	1643
probation, under transitional control, or under a post-release	1644
control sanction, and it requires the person to report to or be	1645
supervised by a parole officer, probation officer, field officer,	1646
or another type of supervising officer.	1647

(2) The release is any type of release that is not described	1648
in division (F)(1) of this section and that requires the person to	1649
report to or be supervised by a probation officer, a parole	1650
officer, a field officer, or another type of supervising officer.	1651

(G) An offender or delinquent child is "adjudicated as being	1652
a sexual predator" if any of the following applies and if that	1653
status has not been removed pursuant to section 2152.84, 2152.85,	1654
or 2950.09 of the Revised Code:	1655

(1) The offender is convicted of or pleads guilty to	1656
committing, on or after January 1, 1997, a sexually oriented	1657
offense that is a sexually violent offense and also is convicted	1658
of or pleads guilty to a sexually violent predator specification	1659
that was included in the indictment, count in the indictment, or	1660
information that charged the sexually violent offense.	1661

(2) Regardless of when the sexually oriented offense was	1662
committed, on or after January 1, 1997, the offender is sentenced	1663
for a sexually oriented offense, and the sentencing judge	1664
determines pursuant to division (B) of section 2950.09 of the	1665
Revised Code that the offender is a sexual predator.	1666

(3) The delinquent child is adjudicated a delinquent child	1667
for committing a sexually oriented offense, was fourteen years of	1668
age or older at the time of committing the offense, and has been	1669
classified a juvenile sex offender registrant based on that	1670
adjudication, and the adjudicating judge or that judge's successor	1671
in office determines pursuant to division (B) of section 2950.09	1672
or pursuant to division (B) of section 2152.83, section 2152.84,	1673
or section 2152.85 of the Revised Code that the delinquent child	1674
is a sexual predator.	1675

(4) Prior to January 1, 1997, the offender was convicted of	1676
or pleaded guilty to, and was sentenced for, a sexually oriented	1677
offense, the offender is imprisoned in a state correctional	1678
institution on or after January 1, 1997, and the court determines	1679
pursuant to division (C) of section 2950.09 of the Revised Code	1680
that the offender is a sexual predator.	1681

(5) Regardless of when the sexually oriented offense was	1682
committed, the offender or delinquent child is convicted of or	1683
pleads guilty to, has been convicted of or pleaded guilty to, or	1684
is adjudicated a delinquent child for committing a sexually	1685
oriented offense in another state or in a federal court, military	1686
court, or an Indian tribal court, as a result of that conviction,	1687
plea of guilty, or adjudication, the offender or delinquent child	1688
is required, under the law of the jurisdiction in which the	1689
offender was convicted or pleaded guilty or the delinquent child	1690
was adjudicated, to register as a sex offender until the	1691
offender's or delinquent child's death and to verify the	1692
offender's or delinquent child's address on at least a quarterly	1693
basis each year, and, on or after July 1, 1997, for offenders or	1694
the effective date of this amendmentJanuary 1, 2002, for	1695
delinquent children the offender or delinquent child moves to and	1696
resides in this state or temporarily is domiciled in this state	1697
for more than seven days, unless a court of common pleas or	1698
juvenile court determines that the offender or delinquent child is	1699
not a sexual predator pursuant to division (F) of section 2950.09	1700
of the Revised Code.	1701

(H) "Sexually violent predator specification" and "sexually	1702
violent offense" have the same meanings as in section 2971.01 of	1703
the Revised Code.	1704

(I) "Post-release control sanction" and "transitional	1705
control" have the same meanings as in section 2967.01 of the	1706
Revised Code.	1707

(J) "Juvenile sex offender registrant" means a person who is	1708
adjudicated a delinquent child for committing on or after the	1709
effective date of this amendmentJanuary 1, 2002, a sexually	1710
oriented offense, who is fourteen years of age or older at the	1711
time of committing the offense, and who a juvenile court judge,	1712
pursuant to an order issued under section 2152.82, 2152.83,	1713
2152.84, or 2152.85 of the Revised Code, classifies as a juvenile	1714
sex offender registrant and specifies has a duty to register under	1715
section 2950.04 of the Revised Code.	1716

(K) "Secure facility" means any facility that is designed	1717
and operated to ensure that all of its entrances and exits are	1718
locked and under the exclusive control of its staff and to ensure	1719
that, because of that exclusive control, no person who is	1720
institutionalized or confined in the facility may leave the	1721
facility without permission or supervision.	1722

(L) "Out-of-state juvenile sex offender registrant" means a	1723
person who is adjudicated a delinquent child for committing a	1724
sexually oriented offense in another state or in a federal court,	1725
military court, or Indian tribal court, who on or after the	1726
effective date of this amendmentJanuary 1, 2002, moves to and	1727
resides in this state or temporarily is domiciled in this state	1728
for more than seven days, and who under section 2950.04 of the	1729
Revised Code has a duty to register in this state as described in	1730
that section.	1731

(M) "Juvenile court judge" includes a magistrate to whom the	1732
juvenile court judge confers duties pursuant to division (A)(15)	1733
of section 2151.23 of the Revised Code.	1734

(N) "Adjudicated a delinquent child for committing a sexually	1735
oriented offense" includes a child who receives a serious youthful	1736
offender dispositional sentence under section 2152.13 of the	1737
Revised Code for committing a sexually oriented offense.	1738

Sec. 5139.05.  (A) The juvenile court may commit any child	1739
to the department of youth services as authorized in Chapter	1740
2152. of the Revised Code, provided that any child so committed	1741
shall be at least ten years of age at the time of the child's	1742
delinquent act, and, if the child is ten or eleven years of age,	1743
the delinquent act is a violation of section 2909.03 of the	1744
Revised Code or would be aggravated murder, murder, or a first or	1745
second degree felony offense of violence if committed by an adult.	1746
Any order to commit a child to an institution under the control	1747
and management of the department shall have the effect of ordering	1748
that the child be committed to the department and assigned to an	1749
institution as follows:	1750

(1) For an indefinite term consisting of the prescribed	1751
minimum period of court control setspecified by the court under	1752
division (A)(1) of section 2152.16 of the Revised Code and a	1753
maximum period not to exceed the child's attainment of twenty-one	1754
years of age, if the child was committed pursuant to section	1755
2152.16 of the Revised Code;	1756

(2) Until the child's attainment of twenty-one years of age,	1757
if the child was committed for aggravated murder or murder	1758
pursuant to section 2152.16 of the Revised Code;	1759

(3) For a period of commitment that shall be in addition to,	1760
and shall be served consecutively with and prior to, a period of	1761
commitment described in division (A)(1) or (2) of this section, if	1762
the child was committed pursuant to section 2152.17 of the	1763
Revised Code;	1764

(4) If the child is ten or eleven years of age, to an	1765
institution, a residential care facility, a residential facility,	1766
or a facility licensed by the department of job and family	1767
services that the department of youth services considers best	1768
designated for the training and rehabilitation of the child and	1769
protection of the public. The child shall be housed separately	1770
from children who are twelve years of age or older until the child	1771
is released or discharged or until the child attains twelve years	1772
of age, whichever occurs first. Upon the child's attainment of	1773
twelve years of age, if the child has not been released or	1774
discharged, the department is not required to house the child	1775
separately.	1776

(B)(1) TheExcept as otherwise provided in section 5139.54 of	1777
the Revised Code, the release authority of the department of youth	1778
services, in accordance with section 5139.51 of the Revised Code	1779
and at any time after the end of the minimum period of court	1780
control imposedspecified under division (A)(1) of section 2152.16	1781
of the Revised Code, may grant the release from custody of any	1782
child committed to the department.	1783

The order committing a child to the department of youth	1784
services shall state that the child has been adjudicated a	1785
delinquent child and state the minimum period of court control	1786
over the commitment under section 2152.12 or 2152.13 of the	1787
Revised Code. The jurisdiction of the court terminates at the end	1788
of the minimum period of court control except as follows:	1789

(a) In relation to judicial release procedures,	1790
supervision, and violations;	1791

(b) With respect to functions of the court related to the	1792
revocation of supervised release that are specified in sections	1793
5139.51 and 5139.52 of the Revised Code;	1794

(c) In relation to its duties relating to serious youthful	1795
offender dispositional sentences under sections 2152.13 and	1796
2152.14 of the Revised Code.	1797

(2) When a child has been committed to the department under	1798
section 2152.16 of the Revised Code, the department shall retain	1799
legal custody of the child until one of the following:	1800

(a) The department discharges the child to the exclusive	1801
management, control, and custody of the child's parent or the	1802
guardian of the child's person or, if the child is eighteen years	1803
of age or older, discharges the child.	1804

(b) The committing court, upon its own motion, upon petition	1805
of the parent, guardian of the person, or next friend of a child,	1806
or upon petition of the department, terminates the department's	1807
legal custody of the child.	1808

(c) The committing court grants the child a judicial release	1809
to court supervision under section 2152.22 of the Revised Code.	1810

(d) The department's legal custody of the child is	1811
terminated automatically by the child attaining twenty-one years	1812
of age.	1813

(e) If the child is subject to a serious youthful offender	1814
dispositional sentence, the adult portion of that dispositional	1815
sentence is imposed under section 2152.14 of the Revised Code.	1816

(C) When a child is committed to the department of youth	1817
services, the department may assign the child to a hospital for	1818
mental, physical, and other examination, inquiry, or treatment for	1819
the period of time that is necessary. The department may remove	1820
any child in its custody to a hospital for observation, and a	1821
complete report of every observation at the hospital shall be made	1822
in writing and shall include a record of observation, treatment,	1823
and medical history and a recommendation for future treatment,	1824
custody, and maintenance. The department shall thereupon order	1825
the placement and treatment that it determines to be most	1826
conducive to the purposes of Chapters 2151. and 5139. of the	1827
Revised Code. The committing court and all public authorities	1828
shall make available to the department all pertinent data in their	1829
possession with respect to the case.	1830

(D) Records maintained by the department of youth services	1831
pertaining to the children in its custody shall be accessible only	1832
to department employees, except by consent of the department or	1833
upon the order of the judge of a court of record. These records	1834
shall not be considered "public records," as defined in section	1835
149.43 of the Revised Code.	1836

Except as otherwise provided by a law of this state or the	1837
United States, the department of youth services may release	1838
records that are maintained by the department of youth services	1839
and that pertain to children in its custody to the department of	1840
rehabilitation and correction regarding persons who are under the	1841
jurisdiction of the department of rehabilitation and correction	1842
and who have previously been committed to the department of youth	1843
services. The department of rehabilitation and correction may use	1844
those records for the limited purpose of carrying out the duties	1845
of the department of rehabilitation and correction. Records	1846
released by the department of youth services to the department of	1847
rehabilitation and correction shall remain confidential and shall	1848
not be considered public records as defined in section 149.43 of	1849
the Revised Code.	1850

(E)(1) When a child is committed to the department of youth	1851
services, the department, orally or in writing, shall notify the	1852
parent, guardian, or custodian of a child that the parent,	1853
guardian, or custodian may request at any time from the	1854
superintendent of the institution in which the child is located	1855
any of the information described in divisions (E)(1)(a), (b), (c),	1856
and (d) of this section. The parent, guardian, or custodian may	1857
provide the department with the name, address, and telephone	1858
number of the parent, guardian, or custodian, and, until the	1859
department is notified of a change of name, address, or telephone	1860
number, the department shall use the name, address, and telephone	1861
number provided by the parent, guardian, or custodian to provide	1862
notices or answer inquiries concerning the following information:	1863

(a) When the department of youth services makes a permanent	1864
assignment of the child to a facility, the department, orally or	1865
in writing and on or before the third business day after the day	1866
the permanent assignment is made, shall notify the parent,	1867
guardian, or custodian of the child of the name of the facility to	1868
which the child has been permanently assigned.	1869

If a parent, guardian, or custodian of a child who is	1870
committed to the department of youth services requests, orally or	1871
in writing, the department to provide the parent, guardian, or	1872
custodian with the name of the facility in which the child is	1873
currently located, the department, orally or in writing and on or	1874
before the next business day after the day on which the request is	1875
made, shall provide the name of that facility to the parent,	1876
guardian, or custodian.	1877

(b) If a parent, guardian, or custodian of a child who is	1878
committed to the department of youth services, orally or in	1879
writing, asks the superintendent of the institution in which the	1880
child is located whether the child is being disciplined by the	1881
personnel of the institution, what disciplinary measure the	1882
personnel of the institution are using for the child, or why the	1883
child is being disciplined, the superintendent or the	1884
superintendent's designee, on or before the next business day	1885
after the day on which the request is made, shall provide the	1886
parent, guardian, or custodian with written or oral responses to	1887
the questions.	1888

(c) If a parent, guardian, or custodian of a child who is	1889
committed to the department of youth services, orally or in	1890
writing, asks the superintendent of the institution in which the	1891
child is held whether the child is receiving any medication from	1892
personnel of the institution, what type of medication the child is	1893
receiving, or what condition of the child the medication is	1894
intended to treat, the superintendent or the superintendent's	1895
designee, on or before the next business day after the day on	1896
which the request is made, shall provide the parent, guardian, or	1897
custodian with oral or written responses to the questions.	1898

(d) When a major incident occurs with respect to a child who	1899
is committed to the department of youth services, the department,	1900
as soon as reasonably possible after the major incident occurs,	1901
shall notify the parent, guardian, or custodian of the child that	1902
a major incident has occurred with respect to the child and of all	1903
the details of that incident that the department has ascertained.	1904

(2) The failure of the department of youth services to	1905
provide any notification required by or answer any requests made	1906
pursuant to division (E) of this section does not create a cause	1907
of action against the state.	1908

(F) The department of youth services, as a means of	1909
punishment while the child is in its custody, shall not prohibit a	1910
child who is committed to the department from seeing that child's	1911
parent, guardian, or custodian during standard visitation periods	1912
allowed by the department of youth services unless the	1913
superintendent of the institution in which the child is held	1914
determines that permitting that child to visit with the child's	1915
parent, guardian, or custodian would create a safety risk to that	1916
child, that child's parents, guardian, or custodian, the personnel	1917
of the institution, or other children held in that institution.	1918

(G) As used in this section:

1919

(1) "Permanent assignment" means the assignment or transfer	1920
for an extended period of time of a child who is committed to the	1921
department of youth services to a facility in which the child will	1922
receive training or participate in activities that are directed	1923
toward the child's successful rehabilitation. "Permanent	1924
assignment" does not include the transfer of a child to a facility	1925
for judicial release hearings pursuant to section 2152.22 of the	1926
Revised Code or for any other temporary assignment or transfer to	1927
a facility.	1928

(2) "Major incident" means the escape or attempted escape of	1929
a child who has been committed to the department of youth services	1930
from the facility to which the child is assigned; the return to	1931
the custody of the department of a child who has escaped or	1932
otherwise fled the custody and control of the department without	1933
authorization; the allegation of any sexual activity with a child	1934
committed to the department; physical injury to a child committed	1935
to the department as a result of alleged abuse by department	1936
staff; an accident resulting in injury to a child committed to the	1937
department that requires medical care or treatment outside the	1938
institution in which the child is located; the discovery of a	1939
controlled substance upon the person or in the property of a child	1940
committed to the department; a suicide attempt by a child	1941
committed to the department; a suicide attempt by a child	1942
committed to the department that results in injury to the child	1943
requiring emergency medical services outside the institution in	1944
which the child is located; the death of a child committed to the	1945
department; an injury to a visitor at an institution under the	1946
control of the department that is caused by a child committed to	1947
the department; and the commission or suspected commission of an	1948
act by a child committed to the department that would be an	1949
offense if committed by an adult.	1950

(3) "Sexual activity" has the same meaning as in section	1951
2907.01 of the Revised Code.	1952

(4) "Controlled substance" has the same meaning as in	1953
section 3719.01 of the Revised Code.	1954

(5) "Residential care facility" and "residential facility"	1955
have the same meanings as in section 2151.011 of the Revised Code.	1956

Sec. 5139.06.  (A) When a child has been committed to the	1957
department of youth services, the department shall do both of the	1958
following:	1959

(1) Place the child in an appropriate institution under the	1960
condition that it considers best designed for the training and	1961
rehabilitation of the child and the protection of the public,	1962
provided that the institutional placement shall be consistent with	1963
the order committing the child to its custody;	1964

(2) Maintain the child in institutional care or	1965
institutional care in a secure facility for the required period of	1966
institutionalization in a manner consistent with division (A)(1)	1967
of section 2152.16 and divisions (A) to (E)(F) of section 2152.17	1968
of the Revised Code, whichever are applicable, and with section	1969
5139.38 or division (B) or (C) of section 2152.22 of the Revised	1970
Code.	1971

(B) When a child has been committed to the department of	1972
youth services and has not been institutionalized or	1973
institutionalized in a secure facility for the prescribed minimum	1974
period of time, including, but not limited to, a prescribed period	1975
of time under division (A)(1)(a) of section 2152.16 of the	1976
Revised Code, the department, the child, or the child's parent may	1977
request the court that committed the child to order a judicial	1978
release to court supervision or a judicial release to department	1979
of youth services supervision in accordance with division (B) or	1980
(C) of section 2152.22 of the Revised Code, and the child may be	1981
released from institutionalization or institutionalization in a	1982
secure facility in accordance with the applicable division. A	1983
child in those circumstances shall not be released from	1984
institutionalization or institutionalization in a secure facility	1985
except in accordance with section 2152.22 or 5139.38 of the	1986
Revised Code. When a child is released pursuant to a judicial	1987
release to court supervision under division (B) of section 2152.22	1988
of the Revised Code, the department shall comply with division	1989
(B)(3) of that section and, if the court requests, shall send the	1990
committing court a report on the child's progress in the	1991
institution and recommendations for conditions of supervision by	1992
the court after release. When a child is released pursuant to a	1993
judicial release to department of youth services supervision under	1994
division (C) of section 2152.22 of the Revised Code, the	1995
department shall comply with division (C)(3) of that section	1996
relative to the child and shall send the committing court and the	1997
juvenile court of the county in which the child is placed a copy	1998
of the treatment and rehabilitation plan described in that	1999
division and the conditions that it fixed. The court of the	2000
county in which the child is placed may adopt the conditions as	2001
an order of the court and may add any additional consistent	2002
conditions it considers appropriate, provided that the court may	2003
not add any condition that decreases the level or degree of	2004
supervision specified by the department in its plan, that	2005
substantially increases the financial burden of supervision that	2006
will be experienced by the department, or that alters the	2007
placement specified by the department in its plan. Any	2008
violations of the conditions of the child's judicial release or	2009
early release shall be handled pursuant to division (D) of section	2010
2152.22 of the Revised Code.	2011

(C) When a child has been committed to the department of	2012
youth services, the department may do any of the following:	2013

(1) Notwithstanding the provisions of this chapter, Chapter	2014
2151., or Chapter 2152. of the Revised Code that prescribe	2015
required periods of institutionalization, transfer the child to	2016
any other state institution, whenever it appears that the child by	2017
reason of mental illness, mental retardation, or other	2018
developmental disability ought to be in another state institution.	2019
Before transferring a child to any other state institution, the	2020
department shall include in the minutes a record of the order of	2021
transfer and the reason for the transfer and, at least seven days	2022
prior to the transfer, shall send a certified copy of the order to	2023
the person shown by its record to have had the care or custody of	2024
the child immediately prior to the child's commitment. Except as	2025
provided in division (C)(2) of this section, no person shall be	2026
transferred from a benevolent institution to a correctional	2027
institution or to a facility or institution operated by the	2028
department of youth services.	2029

(2) Notwithstanding the provisions of this chapter, Chapter	2030
2151., or Chapter 2152. of the Revised Code that prescribe	2031
required periods of institutionalization, transfer the child under	2032
section 5120.162 of the Revised Code to a correctional medical	2033
center established by the department of rehabilitation and	2034
correction, whenever the child has an illness, physical condition,	2035
or other medical problem and it appears that the child would	2036
benefit from diagnosis or treatment at the center for that	2037
illness, condition, or problem. Before transferring a child to a	2038
center, the department of youth services shall include in the	2039
minutes a record of the order of transfer and the reason for the	2040
transfer and, except in emergency situations, at least seven days	2041
prior to the transfer, shall send a certified copy of the order to	2042
the person shown by its records to have had the care or custody of	2043
the child immediately prior to the child's commitment. If the	2044
transfer of the child occurs in an emergency situation, as soon as	2045
possible after the decision is made to make the transfer, the	2046
department of youth services shall send a certified copy of the	2047
order to the person shown by its records to have had the care or	2048
custody of the child immediately prior to the child's commitment.	2049
A transfer under this division shall be in accordance with the	2050
terms of the agreement the department of youth services enters	2051
into with the department of rehabilitation and correction under	2052
section 5120.162 of the Revised Code and shall continue only as	2053
long as the child reasonably appears to receive benefit from	2054
diagnosis or treatment at the center for an illness, physical	2055
condition, or other medical problem.	2056

(3) Revoke or modify any order of the department except an	2057
order of discharge as often as conditions indicate it to be	2058
desirable;	2059

(4) If the child was committed pursuant to division	2060
(A)(1)(b), (c), (d), or (e) of section 2152.16 of the Revised	2061
Code and has been institutionalized or institutionalized in a	2062
secure facility for the prescribed minimum periods of time under	2063
those divisions, assign the child to a family home, a group care	2064
facility, or other place maintained under public or private	2065
auspices, within or without this state, for necessary treatment	2066
and rehabilitation, the costs of which may be paid by the	2067
department, provided that the department shall notify the	2068
committing court, in writing, of the place and terms of the	2069
assignment at least fifteen days prior to the scheduled date of	2070
the assignment;	2071

(5) Release the child from an institution in accordance with	2072
sections 5139.51 to 5139.54 of the Revised Code in the	2073
circumstances described in those sections.	2074

(D) The department of youth services shall notify the	2075
committing court of any order transferring the physical location	2076
of any child committed to it in accordance with section 5139.35 of	2077
the Revised Code. Upon the discharge from its custody and	2078
control, the department may petition the court for an order	2079
terminating its custody and control.	2080

Sec. 5139.50.  (A) The release authority of the department	2081
of youth services is hereby created as a bureau in the department.	2082
The release authority shall consist of five members who are	2083
appointed by the director of youth services and who have the	2084
qualifications specified in division (B) of this section. The	2085
members of the release authority shall devote their full time to	2086
the duties of the release authority and shall neither seek nor	2087
hold other public office. The members shall be in the	2088
unclassified civil service.	2089

(B) A person appointed as a member of the release authority	2090
shall have a bachelor's degree from an accredited college or	2091
university or equivalent relevant experience and shall have the	2092
skills, training, or experience necessary to analyze issues of	2093
law, administration, and public policy. The membership of the	2094
release authority shall represent, insofar as practicable, the	2095
diversity found in the children in the legal custody of the	2096
department of youth services.	2097

In appointing the five members, the director shall ensure	2098
that the appointments include all of the following:	2099

(1) At least four members who have five or more years of	2100
experience in criminal justice, juvenile justice, or an equivalent	2101
relevant profession;	2102

(2) At least one member who has experience in victim	2103
services or advocacy or who has been a victim of a crime or is a	2104
family member of a victim;	2105

(3) At least one member who has experience in direct care	2106
services to delinquent children;	2107

(4) At least one member who holds a juris doctor degree from	2108
an accredited college or university.	2109

(C) The initial appointments of members of the release	2110
authority shall be for a term of six years for the chairperson and	2111
one member, a term of four years for two members, and a term of	2112
two years for one member. Thereafter, members shall be appointed	2113
for six-year terms. At the conclusion of a term, a member shall	2114
hold office until the appointment and qualification of the	2115
member's successor. The director shall fill a vacancy occurring	2116
before the expiration of a term for the remainder of that term	2117
and, if a member is on extended leave or disability status for	2118
more than thirty work days, may appoint an interim member to	2119
fulfill the duties of that member. A member may be reappointed,	2120
but a member may serve no more than two consecutive terms	2121
regardless of the length of the member's initial term. A member	2122
may be removed for good cause by the director.	2123

(D) The director of youth services shall designate as	2124
chairperson of the release authority one of the members who has	2125
experience in criminal justice, juvenile justice, or an equivalent	2126
relevant profession. The chairperson shall be a managing officer	2127
of the department, shall supervise the members of the board and	2128
the other staff in the bureau, and shall perform all duties and	2129
functions necessary to ensure that the release authority	2130
discharges its responsibilities. The chairperson shall serve as	2131
the official spokesperson for the release authority.	2132

For the purposes of transacting the official business of the	2133
release authority, a majority of the members of the release	2134
authority shall constitute a quorum. A majority vote of the	2135
quorum shall determine the actions of the release authority.	2136

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

2137

(1) Serve as the final and sole authority for making	2138
decisions, in the interests of public safety and the children	2139
involved, regarding the release and discharge of all children	2140
committed to the legal custody of the department of youth	2141
services, except children placed by a juvenile court on judicial	2142
release to court supervision or on judicial release to	2143
department of youth services supervision, children who have not	2144
completed a prescribed minimum period of time or prescribed period	2145
of time in a secure facility, or children who are required to	2146
remain in a secure facility until they attain twenty-one years of	2147
age;	2148

(2) Establish written policies and procedures for conducting	2149
reviews of the status for all youth in the custody of the	2150
department, setting or modifying dates of release and discharge,	2151
specifying the duration, terms, and conditions of release to be	2152
carried out in supervised release subject to the addition of	2153
additional consistent terms and conditions by a court in	2154
accordance with section 5139.51 of the Revised Code, and giving a	2155
child notice of all reviews;	2156

(3) Maintain records of its official actions, decisions,	2157
orders, and hearing summaries and make the records accessible in	2158
accordance with division (D) of section 5139.05 of the Revised	2159
Code;	2160

(4) Cooperate with public and private agencies, communities,	2161
private groups, and individuals for the development and	2162
improvement of its services;	2163

(5) Collect, develop, and maintain statistical information	2164
regarding its services and decisions;	2165

(6) Submit to the director an annual report that includes a	2166
description of the operations of the release authority, an	2167
evaluation of its effectiveness, recommendations for statutory,	2168
budgetary, or other changes necessary to improve its	2169
effectiveness, and any other information required by the director.	2170

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

2171

(1) Conduct inquiries, investigations, and reviews and hold	2172
hearings and other proceedings necessary to properly discharge its	2173
responsibilities;	2174

(2) Issue subpoenas, enforceable in a court of law, to	2175
compel a person to appear, give testimony, or produce documentary	2176
information or other tangible items relating to a matter under	2177
inquiry, investigation, review, or hearing;	2178

(3) Administer oaths and receive testimony of persons under	2179
oath;	2180

(4) Request assistance, services, and information from a	2181
public agency to enable the authority to discharge its	2182
responsibilities and receive the assistance, services, and	2183
information from the public agency in a reasonable period of time;	2184

(5) Request from a public agency or any other entity that	2185
provides or has provided services to a child committed to the	2186
department's legal custody information to enable the release	2187
authority to properly discharge its responsibilities with respect	2188
to that child and receive the information from the public agency	2189
or other entity in a reasonable period of time.	2190

(G) The release authority may delegate responsibilities to	2191
hearing officers or other designated staff under the release	2192
authority's auspices. However, the release authority shall not	2193
delegate its authority to make final decisions regarding policy or	2194
the release of a child.	2195

(H) The release authority shall adopt a written policy and	2196
procedures governing appeals of its release and discharge	2197
decisions.	2198

(I)(H) The legal staff of the department of youth services	2199
shall provide assistance to the release authority in the	2200
formulation of policy and in its handling of individual cases.	2201

Sec. 5139.53.  (A)(1) The director of youth services shall	2202
designate certain employees of the department of youth services,	2203
including regional administrators, as persons who are authorized,	2204
in accordance with section 5139.52 of the Revised Code, to execute	2205
an order of apprehension or a warrant for, or otherwise to arrest,	2206
children in the custody of the department who are violating or are	2207
alleged to have violated the terms and conditions of supervised	2208
release or judicial release to department of youth services	2209
supervision.	2210

(2) The director of youth services shallmay designate some	2211
of the employees designated under division (A)(1) of this section	2212
as employees authorized to carry a firearm issued by the	2213
department while on duty for their protection in carrying out	2214
official duties.	2215

(B)(1) An employee of the department designated by the	2216
director pursuant to division (A)(1) of this section as having the	2217
authority to execute orders of apprehension or warrants and to	2218
arrest children as described in that division shall not undertake	2219
an arrest until the employee has successfully completed training	2220
courses regarding the making of arrests by employees of that	2221
nature that are developed in cooperation with and approved by the	2222
executive director of the Ohio peace officer training commission.	2223
The courses shall include, but shall not be limited to, training	2224
in arrest tactics, defensive tactics, the use of force, and	2225
response tactics.	2226

(2) The director of youth services shall develop, and shall	2227
submit to the governor for the governor's approval, a deadly force	2228
policy for the department. The deadly force policy shall require	2229
each employee who is designated under division (A)(2) of this	2230
section to carry a firearm in the discharge of official duties to	2231
receive training in the use of deadly force, shall specify the	2232
number of hours and the general content of the training in the use	2233
of deadly force that each of the designated employees must	2234
receive, and shall specify the procedures that must be followed	2235
after the use of deadly force by any of the designated employees.	2236
Upon receipt of the policy developed by the director under this	2237
division, the governor, in writing, promptly shall approve or	2238
disapprove the policy. If the governor, in writing, disapproves	2239
the policy, the director shall develop and resubmit a new policy	2240
under this division, and no employee shall be trained under the	2241
disapproved policy. If the governor, in writing, approves the	2242
policy, the director shall adopt it as a department policy and	2243
shall distribute it to each employee designated under (A)(2) of	2244
this section to carry a firearm in the discharge of official	2245
duties. An employee designated by the director pursuant to	2246
division (A)(2) of this section to carry a firearm in the	2247
discharge of official duties shall not carry a firearm until the	2248
employee has successfully completed both of the following:	2249

(a) Training in the use of deadly force that comports with	2250
the policy approved by the governor and developed and adopted by	2251
the director under division (B)(2) of this section. The training	2252
required by this division shall be conducted at a training school	2253
approved by the Ohio peace officer training commission and shall	2254
be in addition to the training described in divisions (B)(1) and	2255
(2)(b) of this section that the employee must complete prior to	2256
undertaking an arrest and separate from and independent of the	2257
training required by division (B)(2)(b) of this section.	2258

(b) A basic firearm training program that is conducted at a	2259
training school approved by the Ohio peace officer training	2260
commission and that is substantially similar to the basic firearm	2261
training program for peace officers conducted at the Ohio peace	2262
officer training academy and has received a certificate of	2263
satisfactory completion of that program from the executive	2264
director of the Ohio peace officer training commission. The	2265
training described in this division that an employee must complete	2266
prior to carrying a firearm shall be in addition to the training	2267
described in division (B)(1) of this section that the employee	2268
must complete prior to undertaking an arrest.	2269

(C) After receipt of a certificate of satisfactory	2270
completion of a basic firearm training program, to maintain the	2271
right to carry a firearm in the discharge of official duties, an	2272
employee authorized under this section to carry a firearm shall	2273
successfully complete a firearms requalification program in	2274
accordance with section 109.801 of the Revised Code.	2275

(D) Each employee authorized to carry a firearm shall give	2276
bond to the state to be approved by the clerk of the court of	2277
common pleas in the county of that employee's residence. The bond	2278
shall be in the sum of one thousand dollars, conditioned to save	2279
the public harmless by reason of the unlawful use of a firearm. A	2280
person injured or the family of a person killed by the employee's	2281
improper use of a firearm may have recourse on the bond.	2282

(E) In addition to the deadly force policy adopted under	2283
division (B)(2) of this section, the director of youth services	2284
shall establish policies for the carrying and use of firearms by	2285
the employees that the director designates under this section.	2286

Section 2. That existing sections 2151.18, 2151.28, 2151.314,	2287
2151.354, 2151.38, 2151.87, 2152.10, 2152.13, 2152.14, 2152.16,	2288
2152.17, 2152.18, 2152.22, 2152.71, 2927.02, 2950.01, 5139.05,	2289
5139.06, 5139.50, and 5139.53 of the Revised Code are hereby	2290
repealed.	2291

Section 3. The General Assembly hereby encourages the Supreme	2292
Court to amend the Juvenile Rules to do both of the following:	2293

(A) Make clear that, while a magistrate may not try or	2294
sentence a case involving an alleged or adjudicated serious	2295
youthful offender, a magistrate may handle ministerial duties in	2296
that type of case, including arraignment and setting bail;	2297

(B) Make clear that juvenile courts may establish traffic	2298
bureaus.	2299

Section 4. (A) Section 2151.28 of the Revised Code is	2300
presented in this act as a composite of the section as amended by	2301
both Am. Sub. S.B. 179 and Sub. S.B. 218 of the 123rd General	2302
Assembly. The General Assembly, applying the principle stated in	2303
division (B) of section 1.52 of the Revised Code that amendments	2304
are to be harmonized if reasonably capable of simultaneous	2305
operation, finds that the composite is the resulting version of	2306
the section in effect prior to the effective date of the section	2307
as presented in this act.	2308

(B) Section 2152.17 of the Revised Code, as presented in	2309
this act, includes matter that was amended into former section	2310
2151.355 of the Revised Code by Am. Sub. S.B. 222 of the 123rd	2311
General Assembly. Paragraphs of former section 2151.355 of the	2312
Revised Code containing S.B. 222 amendments were transferred to	2313
section 2152.17 of the Revised Code by Am. Sub. S.B. 179 of the	2314
123rd General Assembly as part of its general revision of the	2315
juvenile sentencing laws. The General Assembly, applying the	2316
principle stated in division (B) of section 1.52 of the Revised	2317
Code that amendments are to be harmonized if reasonably capable of	2318
simultaneous operation, finds that the version of section 2152.17	2319
of the Revised Code presented in this act is the resulting version	2320
of the section in effect prior to the effective date of the	2321
section as presented in this act.	2322

(C) Section 2152.18 of the Revised Code, as presented in	2323
this act, includes matter that was amended into former section	2324
2151.355 of the Revised Code by Am. Sub. S.B. 181 of the 123rd	2325
General Assembly. Paragraphs of former section 2151.355 of the	2326
Revised Code containing S.B. 181 amendments were transferred to	2327
section 2152.18 of the Revised Code by S.B. 179 of the 123rd	2328
General Assembly as part of its general revision of the juvenile	2329
sentencing laws. The General Assembly, applying the principle	2330
stated in division (B) of section 1.52 of the Revised Code that	2331
amendments are to be harmonized if reasonably capable of	2332
simultaneous operation, finds that the version of section 2152.18	2333
of the Revised Code presented in this act is the resulting version	2334
of the section in effect prior to the effective date of the	2335
section as presented in this act.	2336

Section 5.  This act is hereby declared to be an emergency	2337
measure necessary for the immediate preservation of the public	2338
peace, health, and safety. The reason for such necessity is that	2339
a coherent system of Juvenile Law is urgently needed to fulfill	2340
the purposes of that Law. Therefore, this act shall go into	2341
immediate effect.	2342