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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(5) If, after making a disposition under division (A)(1), | 308 |
(2), or (3) of this section, the court finds upon further hearing | 309 |
that the child is not amenable to treatment or rehabilitation | 310 |
under that disposition, make a disposition otherwise authorized | 311 |
under divisions (A)(1), (3), (4), and (7) of section 2152.19 of | 312 |
the
Revised Code,
except that the child may not be
committed to or | 313 |
placed in a secure correctional facility, and commitment to or | 314 |
placement in a detention facility may not exceed
twenty-four | 315 |
hours unless
authorized by division (B)(3) of section 2151.312 or | 316 |
sections 2151.56
to 2151.61 of the Revised Code. | 317 |
(B) If a child is adjudicated an unruly child for
committing | 318 |
any act that, if committed by an adult, would be a
drug abuse | 319 |
offense, as defined in section 2925.01 of the Revised
Code, or a | 320 |
violation of division (B) of section 2917.11 of the
Revised Code, | 321 |
then, in addition to imposing, in its discretion,
any other order | 322 |
of disposition authorized by this section, the
court shall do both | 323 |
of the following: | 324 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
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 |
(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 2159.19 of the Revised Code to any | 1408 |
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 |
(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 |
(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 |
(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) 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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
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 5. (A) Section 2151.28 of the Revised Code is | 2303 |
presented in
this act as a composite of the section as amended by | 2304 |
both Am. Sub. S.B. 179 and Sub. S.B. 218 of
the 123rd General | 2305 |
Assembly. The General Assembly, applying the
principle stated in | 2306 |
division (B) of section 1.52 of the Revised
Code that amendments | 2307 |
are to be harmonized if reasonably capable of
simultaneous | 2308 |
operation, finds that the composite is the resulting
version of | 2309 |
the section in effect prior to the effective date of
the section | 2310 |
as presented in this act. | 2311 |
(B) Section 2152.17 of the Revised Code, as
presented in | 2312 |
this act, includes matter that was amended into
former section | 2313 |
2151.355 of the Revised Code by Am. Sub. S.B. 222
of the
123rd | 2314 |
General Assembly. Paragraphs of former section
2151.355 of
the | 2315 |
Revised Code containing S.B. 222 amendments were
transferred
to | 2316 |
section 2152.17 of the Revised Code by Am. Sub.
S.B. 179 of the | 2317 |
123rd
General Assembly as part of its general
revision of the | 2318 |
juvenile
sentencing laws. The General Assembly,
applying the | 2319 |
principle
stated in division (B) of section 1.52 of
the Revised | 2320 |
Code that
amendments are to be harmonized if
reasonably capable of | 2321 |
simultaneous operation, finds that the
version of section 2152.17 | 2322 |
of the Revised Code presented in this
act is the resulting version | 2323 |
of the section in effect prior to the
effective date of the | 2324 |
section as presented in this act. | 2325 |
(C) Section 2152.18 of the Revised Code, as
presented in | 2326 |
this act, includes matter that was amended into
former section | 2327 |
2151.355 of the Revised Code by Am. Sub. S.B. 222
of the
123rd | 2328 |
General Assembly. Paragraphs of former section
2151.355 of
the | 2329 |
Revised Code containing S.B. 222 amendments were
transferred
to | 2330 |
section 2152.18 of the Revised Code by S.B. 179 of
the 123rd | 2331 |
General Assembly as part of its general revision of the
juvenile | 2332 |
sentencing laws. The General Assembly, applying the
principle | 2333 |
stated in division (B) of section 1.52 of the Revised
Code that | 2334 |
amendments are to be harmonized if reasonably capable of | 2335 |
simultaneous operation, finds that the version of section 2152.18 | 2336 |
of the Revised Code presented in this act is the resulting version | 2337 |
of the section in effect prior to the effective date of the | 2338 |
section as presented in this act. | 2339 |